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HomeMy WebLinkAbout07-7062PHELAN 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 165102 INDYMAC BANK, F.S.B. 460 SIERRA MADRE VILLA AVENUE, SUITE 101 PASADENA, CA 91107 Plaintiff V. JAY R. GENSIMORE JILL L. GENSIMORE 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O'7 _ 70?0? Cis; t ler*1 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 165102 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 #: 165102 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 #: 165102 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 #: 165102 1. Plaintiff is INDYMAC BANK, F.S.B. 460 SIERRA MADRE VILLA AVENUE, SUITE 101 PASADENA, CA 91107 2. The name(s) and last known address(es) of the Defendant(s) are: JAY R. GENSIMORE JILL L. GENSIMORE 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/21/2007 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR INDYMAC BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1990, Page: 2238. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2007 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. File #: 165102 6 The following amounts are due on the mortgage: Principal Balance $75,550.00 Interest $5,120.40 05/01/2007 through 11/20/2007 (Per Diem $25.10) Attorney's Fees $1,250.00 Cumulative Late Charges $196.10 04/21/2007 to 11/20/2007 Cost of Suit and Title Search 750.00 Subtotal $82,866.50 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $82,866.50 7. 8. 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. 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. File #: 165102 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. 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 $82,866.50, together with interest from 11/20/2007 at the rate of $25.10 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 & SCHM LP By: / rancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 165102 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the building thereon situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at spike at the corner of land formerly of Skelly, now or formerly of Phyllis J. Barrick and PA Route 174; thence along PA Route 174, South 69 degrees 50 minutes West, 200.00 feet to a spike; thence by lands formerly of Skelly, now or formerly of Victor G. Barrick and Cheryl A. Barrick, North 11 degrees 50 minutes West, 200.00 feet to an iron pin; thence by the same, North 69 degrees 50 minutes East, 200.00 feet to an iron pin; thence by land formerly of Skelly, now or formerly of Phyllis J. Barrick, South 11 degrees 50 minutes East, 200.00 feet to the Place of BEGINNING. CONTAINING 0.908 acres and being known as and numbered 2627 Walnut Bottom Road, Carlisle, Pennsylvania 17013. PARCEL #31-11-0296-002 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17015 File #: 165102 VERIFICATION 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 of 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 its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: 1( [2-0 [0:1 od1 C=D U,7 f , M J .? p 7m N ?.t_f SHERIFF'S RETURN - REGULAR CASE NO: 2007-07062 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INDYMAC BANK F S B VS GENSIMORE JAY R ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GENSIMORE JAY R the DEFENDANT at 2039:00 HOURS, on the 3rd day of December , 2007 at 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 by handing to JAY GENSIMORE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 8.64 .00 10.00 R. Thomas Kline .00 36.64 12/04/2007 PHELAN HALLINAN SCHMIEG By: day Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-07062 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INDYMAC BANK F S B VS GENSIMORE JAY R ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GENSIMOE JILL the DEFENDANT , at 2039:00 HOURS, on the 3rd day of December , 2007 at 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 by handing to JAY GENSIMORE, HUSBAND 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 '00 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 12/04/2007 PHELAN HALLINAN SCHMIEG By ?? L /',v'Y1/yLGVa-- eputy riff of 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 INDYMAC BANK, F.S.B. 460 SIERRA MADRE VILLA AVE., STE. 101 PASADENA, CA 91107 V. Plaintiff, JAY R. GENSIMORE 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7062-CIVIL TERM JILL L. GENSIMORE 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 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 JAY R. GENSIMORE and JILL L. GENSIMORE, Defendant(s) for failure to file an Answer to Plaintiffs 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 11/21/07 to 1/23/08 TOTAL $82,866.50 $1,606.40 $84,472.90 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: / 0/09 PR PROTH 4-11 165102 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 ATTORNEY FOR PLAINTIFF INDYMAC BANK, F.S.B. Plaintiff, v. JAY R. GENSIMORE JILL L. GENSIMORE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7062-CIVIL TERM 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 JAY R. GENSIMORE is over 18 years of age and resides at, 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17015. (c) that defendant JILL L. GENSIMORE is over 18 years of age, and resides at, 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17015. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff 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 INDYMAC BANK, F.S.B. : COURT OF COMMON PLEAS Plaintiff JAY R. GENSIMORE JILL L. GENSIMORE Vs. CIVIL DIVISION : CUMBERLAND COUNTY : NO. 07-7062-CIVIL TERM Defendants TO: JAY R. GENSIMORE 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 DATE OF NOTICE: DECEMBER 27, 2007 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. LLINAN, ESQUIRE Attorneys for Plaintiff 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 INDYMAC BANK, F.S.B. : COURT OF COMMON PLEAS Plaintiff JAY R. GENSIMORE JILL L. GENSIMORE Vs. CIVIL DIVISION CUMBERLAND COUNTY NO. 07-7062-CIVIL TERM Defendants TO: JILL L. GENSIMORE 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 DATE OF NOTICE: DECEMBER 27.2007 F0 c n t'rn '?' '?97? 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 F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff '? -6? o ? _ '?`? ?' SU ? O -ra ? rr'? t ; , ?" ? ?b00 W W ? ? ?. d ? ? . ??, 1.?? 7> C': .C' S ? o (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW INDYMAC BANK, F.S.B. V. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION JAY R. GENSIMORE JILL L. GENSIMORE Defendant(s). NO. 07-7062-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on S?fi W.0 2009_. By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "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 CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 INDYMAC BANK, F.S.B. Plaintiff, V. JAY R. GENSIMORE JILL L. GENSIMORE Defendant(s). No. 07-7062-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $84,472.90 Interest from 1/24/08 TO 6/11/08 (per diem -$13.89) Add'1 Costs TOTAL $1,944.60 and Costs $1,904.50 $88,322.00 ? - --A 11 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, 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. 165102 o? as ww as COD ?? UU OZ Z 00 cny O a a? ? s c 00 o C'n 51 H? a z a ? > ww a?w o z O<C ? ti? a? ? NN +• ?? ? o Ell -?- V 000 O?c ? r b 0 =? r D p aA U as a ?° ? ?3 N m 0 -TA C INDYMAC BANK, F.S.B. Plaintiff, V. , JAY R. GENSIMORE , JILL L. GENSIMORE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7062-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) INDYMAC BANK, F.S.B., 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,2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17015. 1. Name and address of Owner(s) or reputed Owner(s): Name JAY R. GENSIMORE JILL L. GENSIMORE Last Known Address (if address cannot be reasonably ascertained, please indicate) 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) None • 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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. January 23, 2008 . DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff r? cs p G m C ?'K CO ? a???l , c 94 ?.u.. 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 INDYMAC BANK, F.S.B. Plaintiff, V. , JAY R. GENSIMORE , JILL L. GENSIMORE , Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7062-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: ( ) 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 unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff N 1 012 a C:l C7 n _ .- INDYMAC BANK, F.S.B. Plaintiff, V. CUMBERLAND COUNTY No. 07-7062-CIVIL TERM JAY R. GENSIMORE JILL L. GENSIMORE Defendant(s). January 23, 2008 TO: JAY R. GENSIMORE 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 JILL L. GENSIMORE 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY" Your house (real estate) at, 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17015, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $84,472.90 obtained by INDYMAC BANK, F.S.B. (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 Sheriffs 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 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 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the building thereon situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at spike at the corner of land formerly of Skelly, now or formerly of Phyllis J. Barrick and PA Route 174; thence along PA Route 174, South 69 degrees 50 minutes West, 200.00 feet to a spike; thence by lands formerly of Skelly, now or formerly of Victor G. Barrick and Cheryl A. Barrick, North 11 degrees 50 minutes West, 200.00 feet to an iron pin; thence by the same, North 69 degrees 50 minutes East, 200.00 feet to an iron pin; thence by land formerly of Skelly, now or formerly of Phyllis J. Barrick, South 11 degrees 50 minutes East, 200.00 feet to the Place of BEGINNING. CONTAINING 0.908 acres and being known as and numbered 2627 Walnut Bottom Road, Carlisle, Pennsylvania 17013. TITLE TO SAID PREMISES IS VESTED IN Jay R. Gensimore and Jill L. Gensimore, h/w, by Deed from Jay R. Genismore, correctly known as, Jay R. Gensimore and Jill L. Genismore, correctly known as, Jill L. Gensimore, h/w, dated 04/21/2007, recorded 05/01/2007, in Deed Book 279, page 3954. PREMISES BEING: 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 PARCEL NO. 31-11-0296-002 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7062 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDYMAC BANK, F.S.B., Plaintiff (s) From JAY R. GENSIMORE & JILL L. GENSIMORE (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 $84,472.90 L.L.$ 0.50 Interest from 1/24/08 to 6/11/08 (per diem - $13.89) -- $1,944.60 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $171.64 Other Costs $1,904.50 Plaintiff Paid Date: 1/30/08 Pfothonotary (Seal) By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Deputy Telephone: 215-896-7000 Supreme Court ID No. 62205 PI IF,LAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 5) 563-7000 INDYMAC BANK, F.S.B. : Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County JAY R. GENSIMORE JILL L. GI NSIMORE No. 07-7062-CIVIL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on November 21, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit A". 2. Judgment was entered on January 30, 2008 in the amount of $84,472.90. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". I . Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 11, 2008. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $75,550.00 Interest Through June 11, 2008 $10,174.78 Per Diem $25.10 Late Charges $352.98 Legal fees $1,735.00 Cost of Suit and Title $1,362.00 Sheriff's Sale Costs $0.00 Property Inspections $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $626.00 TOTAL. $89,800.76 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on March 25, 2008 and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WI IERETORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: P Me By: M Attorney for Plaintiff PHEI,AN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 INDYMAC BANK, F.S.B. Plaintiff vs. .TAY R. GENSIMORE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County III,I, L. GENSIMORE No. 07-7062-CIVIL PERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE JAY R. GENSIMORE and JILL L. GENSIMORE executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17015. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgagc. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. U. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.1-F., .Iudgmcnts § 191. Stephenson v. Butts. 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase I lomc._YlortgagL Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). i lnion National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the j udgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and ifthere is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to I)etendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). I Iowever, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa. R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. V1. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent ofthe original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville 1-lampton Real, 662 A. 2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION "Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 6ki kk P an al ' g, LIT By: Michele M. Br dford, Es re Attorney for Plaintiff Exhibit "A" PHELAN 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 165102 Cam. _N . ? ? "t'7 F-n ???: Cam cn ATTORNEY FOR PLAINTIFF INDYMAC BANK, F.S.B. COURT OF COMMON PLEAS 460 SIERRA MADRE VILLA AVENUE, SUITE 101 CIVIL DIVISION PASADENA, CA 91107 TERM Plaintiff V. NO. 07 - 70(oA Civi i T"ft CUMBERLAND COUNTY JAY R. GENSIMORE JILL L, GENSIMORE 2627 WALNUT BOTTOM ROAD Ve hereby certify tht: CARLISLE, PA 17015 within to be a true aAd correct,copy of the riginal filed of recorr ANT(}WY HLE NoFfendants PLEASE REV CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Fite #: 165102 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 IDRING 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 Pile #: 165102 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 #. 165102 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. Filc #-. 163102 1. Plaintiff is INDYMAC BANK, F.S.B. 460 SIERRA MADRE VILLA AVENUE, SUITE 101 PASADENA, CA 91107 2. The name(s) and last known address(es) of the Defendant(s) are: JAY R. GENSIMORE JILL L. GENSIMORE 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 who i s/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/21/2007 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR INDYMAC BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1990, Page: 2238. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2007 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. Filc M: 165102 6. The following amounts are due on the mortgage: Principal Balance $75,550.00 Interest $5,120.40 05/01/2007 through I 1 /20/2007 (Per Diem $25.10) Attorney's Fees $1,250.00 Cumulative Late Charges $196.10 04/21/2007 to 11/20/2007 Cost of Suit and Title Search 750.00 Subtotal $82,866.50 Escrow Credit $0,00 Deficit $0.00 Subtotal 0.00 TOTAL $82,866.50 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 Sheriff's Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 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. File #: 165102 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. 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 $82,866.50, together with interest from 11/20/2007 at the rate of $25.10 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 & SCHM LP By: l rancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File M. 166102 LEGAL DESCRIPTION ALI. THAT CERTAIN tract of land with the building thereon situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at spike at the corner of land formerly of Skelly, now or formerly of Phyllis J. Barrick and PA Route 174; thence along PA Route 174, South 69 degrees 50 minutes West, 200.00 feet to a spike; thence by lands formerly of Skelly, now or formerly of Victor G. Barrick and Cheryl A. B•arrick, North I I degrees 50 minutes West, 200.00 feet to an iron pin; thence by the same, North 69 degrees 50 minutes East, 200.00 feet to an iron pin; thence by land formerly of Skelly, now or formerly of Phyllis J. Banrick, South 11 degrees 50 minutes East, 200.00 feet to the Place of BF.,GINNING. CONTAINING 0.908 acres and being known as and numbered 2627 Walnut Bottom Road, Carlisle, Pennsylvania 17013. PARCEL #31-11-0296-002 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17015 File a: 165102 VERIFICATION 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 of 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 its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DA"L"E: 4 Zo Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL(,,. 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 INDYMAC BANK, F.S.B. 460 SIERRA MADRE VILLA AVE., STE. 101 CUMBMir. ' TY PASADENA, CA 91107 COURT 5x Plaintiff, CIVIL DIVISION N NO. 07-7062-CIVIL TI JAY R. GENSIMORE T f?rr: 2627 WALNUT BOTTOM ROAD 4 CARLISLE, PA 17015 d° JILL L. GENSIMORE - C ^r 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 Ait[tl o Defendant(s). ,. F PRAECIPE FOR IN REM OR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JAY R. GENSIMORE and JILL L. GENSIMORE, Defendant(s) for failure to file an Answer to Plaintiffs 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 $82,866.50 Interest from 11/21/97 gl t 3 y % $1,606.40 TOTAL $84,472.90 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: O o TH PR PRO 165102 Exhibit "C" PHELAN IIALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey March 25, 2008 JAY R. GENSIMORE JILL L. GENSIMORE 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 RE: INDYMAC BANK, F.S.B. vs. JAY R. GENSIMORE and JILL L. GENSIMORE Premises Address: 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 CUMBERLAND County CCP, No. 07-7062-CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by March 30, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Me yours, M. ra or , E uFor Phelan Hallinan & cieg, LLP Enclosure i Ili £0 t6 L WOOdIZ WOMB Q31ltlW 8002 SZ 2JMN o we at7ooo 09030 $ w6 zo 53mcm Al"Ild ®ilom? c ®wNRWWW--- / , WANWO??1 a ?Od s?'Ay? 0 0. p H p H 3 ? o v C7 ;3 O rn ?? .o 00 °' © Wa Q v ? w C.7 :zU Cl as ? a dp a O p- 7 u G Y G o u v N O N ? ? v C ? Vl E N G ? N 4N4?? I. .Or N V ? A ? X O E W C q0! V O 00. v w ? r Orb G A ?NGv a x E ? 0 _ d d O a p 0 ti b UU N N ? d 9 N O N O C ,L G ? w W oo'?w° ?y O C b i0 U ? N ? f-' w d N p ? O 0 z a. v? ? T d U?_ U ¢. aO ?o a ?a 9 'q z r? ? b N d 1. t tn co v pv v "? E H ? x z Q ow Y b ? o r d` N N ?' 00 VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. 'rhe undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE': A Micele g, 1,L,P By: Bradford, Esq re Attorney for Plaintiff PIIELAN HALLINAN & SCI-IMIF,G, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 INDYMAC BANK, F.S.B. Plaintiff vs. JAY R. GENSIMORE JILL L. GENSIMORE Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-7062-CIVIL "PERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief' in Support thereof, were sent to the following individuals on the date indicated below. .JAY R. GENSIMORE 'JILL L. GI NSIMORE 2627 WALNtJT BOTTOM ROAD CARLISLE, PA 17015 D ATE: li ME?s P By: r'Mi _ cYee M. BraAttorney forPlaintiff ??.? ? - ? ?? ?, ,Cl ' . . i.J I ?? _ APR 0 32006AOKI IN TuE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA INI DYMAC BANK, F.S.B. Plaintiff vs. JAY R. C;FNSIMORI? JILL L. GFIN`SIMORE Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 07-7062-CIVI1,1 RM RULE. AND NOW, this-- day ofs' 2008, a Rule is entered upon the Defendants to shoes cause why an Order should not be entered granting Plaintiffs Motion to Reassess d? . l ),lrnagcs. ?4 L 4S fL e- ? -2 It, e- Rule Returnable - C' er an oun y ? ' . AY R. GENSIMORE Iil,l. L. GENSIMORE 2627 WALNU'L BOTTOM ROAD C';1RI.ISl,F1, PA 17015 BY THE COURT c - J V c le M. Bradford, Esquire ,;'helanHallinan & Schmieg, LIT 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 K: (215) 563-3459 hele hradf6rd(&fedphe.cotn 165102 '?11`??JIll,3SNP?3? Z h : ( Wd 8- M 800Z A8vic J•JHiOuc 3Hl j0 301:lbw PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 INDYMAC BANK, F.S.B. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County JAY R. GENSIMORE JILL L. GENSIMORE No. 07-7062-CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of April 22, 2008 was sent to the following individual on the date indicated below.. JAY R. GENSIMORE JILL L. GENSIMORE 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 DATE: Y c ieg, LLP By: M ch e M. Bradford, quire Attorney for Plaintiff c a +.? rn r `°v ^71 .?yk t AFFIDAVIT OF SERVICE PLAINTIFF INDYMAC BANK, F.S.B. DEFENDANT(S) JAY R. GENSIMORE JILL L. GENSIMORE SERVE JILL L. GENSIMORE AT: 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 CUMBERLAND COUNTY No. 07-7062-CIVIL TERM,:-,-4 ... ACCT. #165102 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 11, 2008 SERVED Served and made known to ?l LL L • 6US(MOQ6. , Defendant, on the day of ?iHe y , 2005, at S 31 • o'clock ?-.m., at a&;?-7 W4,1v1tT B'rT om P6Ab, (24AL 151. c , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. -Adult family member with whom Defendant(s) reside(s). Name and Relationship is M (C?f7?F'tl S6N 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: q / Description: Agee. (1 Height &gI Weight Race 14 Sex /A Other I, ?Jr. AQ GL- , 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 subscribed before me this day of FElz , 200 Nota ? By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC STATE OF NEW JERSEY NOT SERVED On the MY COMMIjPj?N EXPIRES 10125/20100at o'clock in., 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 (215) 563-7000 .z --a Q iNo I5. AFFIDAVIT OF SERVICE PLAINTIFF' INDYMAC BANK, F.S.B. CUMBERLAND COUNTY No 07-7062-CIVIL TERM` "'` p DEFENDANT(S) JAY R. GENSIMORE JILL L. GENSIMORE ACCT. #165102 SERVE JAY R. GENSIMORE AT: 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 11, 2008 SERVED Served and made known to St MaaR C , Defendant, on the 4r.' day of Rt/ 00.a at _5:?j2: , o'clock ?.m., at _ 6 it?1 YVArLtJVr F -m-I m P40 ? ?1>~D L s L Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. -Adult family member with whom Defendant(s) reside(s). Name and Relationship is (CI?FR EL ?j aN 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 R_ Height 6r Weight ? Race W Sex /A Other I, - N?D A(6 L L , 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 Sheriff's 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 subscribed before me this Z_ day of - PIa-, 200_. Not a a By: q?44 PLEASE _ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HARRIS TTEMPTED. NOTARY PUBLIC NOT SERVED On th STATE OF NEW JERSEY %y 4GMMlgl 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1St Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200. Notary: zy Vacant 2°d Attempt: / / Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 _? 0 iAWLAW. t7 r.,,> - t- :i'i --- ? ??i- ._. ? F t?,? _. ra ?,, . . r ? ?.a ` i ?,?, --*. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 INDYMAC BANK, F.S.B. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. JAY R. GENSIMORE JILL L. GENSIMORE CUMBERLAND County No. 07-7062-CIVIL TERM Defendants MOTION TO MAKE RULE ABSOLUTE INDYMAC BANK, F.S.B., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on April 2, 2008. 3. A Rule was entered by the Court on or about April 8, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on April 11, 2008, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of April 22, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. c rMladtordl 'eg, LLP Rtla4n DATE: By: uire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 INDYMAC BANK, F.S.B. Plaintiff VS. JAY R. GENSIMORE JILL L. GENSIMORE Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-7062-CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 2, 2008. A Rule was entered by the Court on or about April 8, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on April 11, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of April 22, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: O 0 P a a 1' ieg, LLP By: Michele M. Brad or E uire Attorney for Plaintiff Exhibit "A" APR 0 32DD8A4 IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. Plaintiff vs. JAY It. GF.NSIMORE 11LL L. GENSIMORE Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 07-7062-CIVII. TERM RULE, AND NOW, this_____ day of r, 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. W; tt t- I'l O 7 ') 5 4 fL L J.2tL ec? t S vi 4 .J . Rule Returnable _ C er an oun , JAY R. GENSIMORF, JILL, 1.. GENSIMORF, 2627 WALNUTBOYFOM ROAD CARLIS1,1"., PA 17015 BY THE COURT c ? . J- Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michete.bradford(a)fedphe.corn 165102 Exhibit "B" n N JE PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849x' One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 INDYMAC BANK, F.S.B. Plaintiff VS. JAY R. GENSIMORE JILL L. GENSIMORE Defendants CERTIFICATION OF SERVICE t: I hereby certify that a true axed-correct copy of our Motion to Reassess Damages noting a Rule Return date ofApl 22, 2008 was sent to the following individual on the date indicated below.. JAY R. GENSIMORE JILL L. GENSIMORE 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 LLP DATE: K ;< t r .1 rT. O ? rX c'leas?` Court of Comm Civil Division v SA3 CUMBERLAND CodWy No. 07-7062-CIVIL TERM Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. CYIMh S g, LLP 4-",- DATE: By: TM.rahfdrdj Es ire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 INDYMAC BANK, F.S.B. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. JAY R. GENSIMORE JILL L. GENSIMORE Defendants CUMBERLAND County No. 07-7062-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. JAY R. GENSIMORE JILL L. GENSIMORE 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 DATE: i an S ieg, LLP By: is le . ra fo d, quire Attorney for Plaintiff APR 28200810Y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC BANK, F.S.B. Plaintiff vs. Court of Common Pleas Civil Division CUMBERLAND County JAY R. GENSIMORE JILL L. GENSIMORE No. 07-7062-CIVIL TERM Defendants ORDER AND NOW, this QL' day of r-,7-, , 2008, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $75,550.00 Interest Through June 11, 2008 $10,174.78 Per Diem $25.10 Late Charges $352.98 Legal fees $1,735.00 Cost of Suit and Title $1,362.00 Sheriffs Sale Costs $0.00 Property Inspections $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $626.00 $89,800.76 Plus interest from June 11, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT 165102 L,41? ;ew Ido --)7 7cv? Qr-31 p - gloelh ,V±r1 f 4'MI ? ... Abel' SALE DATE: JUNE 11, 2008 IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION - LAW INDYMAC BANK, F.S.B. No.: 07-7062-CIVIL TERM VS. CUMBERLAND COUNTY JAY R. GENSIMORE JILL L. GENSIMORE 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: 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17015. 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 is attached for each notice. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff w o x Co ? ov?,va ? ,L1 !F?,ay?! V?] ? V M ?xa a0 ma y' : 3COO dI" tAIO2lA Q3IMI 8002 8-7 N''ti r 0 008 LZt7000 a OOVZO S WL ZO 4 SiM69 RiM1tild Z VIA tts 3 ' . .. c®r ??b1sod s?La'? d 0 ? •> o o ? o 0 H M .-r U U C7 -? S N M ? .a 3 o ?x 2 , U ?N ?a q V7 r? U G.(U mVI) xu a ? a ? o ?a ?.g ¢ E0 00 ) WWr',-4 E E- i° U U c .? a ti asa F.' 0 0 ?Q it,z ?x U on a 0 000 N X 0 A° 4 Q d WW ?„ W o O a? ?¢ v??H aw a O O ? avO?¢a ? F. ?wz N ° O zM 9° U U Q a d .a E z d b Q, ID, a F? t c^ .r si s ci) PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Indymac Bank, F.S.B. Jay R. Gensimore Jill L. Gensimore Plaintiff vs. Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-7062-CIVIL TERM Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action disconti ended without prejudice. Date: 61 Francis S. Hallinan, f Attorney for Plaintiff PHS# 165102 ? ? 4=3 0 70. p0 0 ?D "tg Indymac Bank, F.S.B. Vs Jay R. Gensimore & Jill L. Gensimore In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-7062 Civil Term Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on February 21, 2008 at 1055 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: Jay R. Gensimore and Jill L. Gensimore by making known unto Jill Gensimore personally and spouse of Jay, at 2627 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April O1, 2008 at 1405 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 Jay R. Gensimore and Jill L. Gensimore located at 2627 Walnut Bottom Road, Carlisle, 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: Jay R. Gensimore and Jill L. Gensimore by regular mail to their last known address of 2627 Walnut Bottom Road, Carlisle, PA 17015.. This letter was mailed under the date of March 31, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 1,849.10 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 9.60 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 328.46 Share of bills 14.73 $2,664.39 So Answers: 00 R. Thomas Kline, Sheriff BY ibc Real Estat ergeant ). U-Q ?v cam. LAG(-3 dil. Pd 9 INDYMAC BANK, F.S.B. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS JAY R. GENSIMORE CIVIL DIVISION JILL L. GENSIMORE NO. 07-7062-CIVIL TERM Defendant(s). , AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) INDYMAC BANK, F.S.B., 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,2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17015. 1. Name and address of Owner(s) or reputed Owner(s): Name JAY R. GENSIMORE JILL L. GENSIMORE Last Known Address (if address cannot be reasonably ascertained, please indicate) 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 e Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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. January 23, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 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 INDYMAC BANK, F.S.B. Plaintiff, V. JAY R. GENSIMORE JILL L. GENSIMORE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7062-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: ( ) 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 unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUffi Attorney for Plaintiff INDYMAC BANK, F.S.B. Plaintiff, V. JAY R. GENSIMORE JILL L. GENSIMORE Defendant(s). CUMBERLAND COUNTY No. 07-7062-CIVIL TERM January 23, 2008 TO: JAY R. GENSIMORE 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 JILL L. GENSIMORE 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 "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 BANKRUPTCYAND 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, 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17015, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $84,472.90 obtained by INDYMAC BANK, F.S.B. (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 Sheriffs 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 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the building thereon situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at spike at the corner of land formerly of Skelly, now or formerly of Phyllis J. Barrick and PA Route 174; thence along PA Route 174, South 69 degrees 50 minutes West, 200.00 feet to a spike; thence by lands formerly of Skelly, now or formerly of Victor G. Barrick and Cheryl A. Barrick, North 11 degrees 50 minutes West, 200.00 feet to an iron pin; thence by the same, North 69 degrees 50 minutes East, 200.00 feet to an iron pin; thence by land formerly of Skelly, now or formerly of Phyllis J. Barrick, South 11 degrees 50 minutes East, 200.00 feet to the Place of BEGINNING. CONTAINING 0.908 acres and being known as and numbered 2627 Walnut Bottom Road, Carlisle, Pennsylvania 17013. TITLE TO SAID PREMISES IS VESTED IN Jay R. Gensimore and Jill L. Gensimore, h/w, by Deed from Jay R. Genismore, correctly known as, Jay R. Gensimore and Jill L. Genismore, correctly known as, Jill L. Gensimore, h/w, dated 04/21/2007, recorded 05/01/2007, in Deed Book 279, page 3954. PREMISES BEING: 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 PARCEL NO. 31-11-0296-002 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7062 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDYMAC BANK, F.S.B., Plaintiff (s) From JAY R. GENSIMORE & JILL L. GENSIMORE (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 $84,472.90 L.L.$ 0.50 Interest from 1/24/08 to 6/11/08 (per diem - $13.89) -- $1,944.60 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $171.64 Other Costs $1,904.50 Plaintiff Paid Date: 1/30/08 Pr onotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 Real Estate Sale # 27 On February 20, 2008 the Sheriff levied upon the ?< r„ defendant's interest in the real property situated in U2-- =X _ Penn Township, Cumberland County, PA w Known and numbered as2bV Walnut Bottom Road, Carlisle, CO WE? ; U- more fully described on Exhibit "A" E:M lL2 N 0 L:I filed with this writ and by this reference incorporated herein. Date: February 20, 2008 By: Real Esta a Sergeant 71-1 rYhe Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the patflot1wNews Now you know 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: 04/23/08 04/30/08 05/07108 .110 Sworn to d s scribed before me this 27 day of May, 2008 A.D. 4S . a414= j4'9? NotaryPublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyrle L. Sheppard, Notary Public City Of Harrisburg, Dauphin County My Commission Expires May 29, 2010 Member, Pennsylvania Association of Notaries 1Real Estate Sale #27 Writ No. 2007-7062 Civil Term Indymac Bank, F S.B. VS Jay R. Gensimore & Jill L. Gensimore Attorney: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land with the building thereon situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at spike at the comer of land formerly of Skelly, now or formerly of Phyllis J. Barrick and PA Route 174; thence along PA Route 174, South 69 degrees 50 minutes West, 200.00 feet to a spike; thence by lands formerly of Skelly, now or formerly of Victor G. Barrick and Cheryl A. Barrick, North l l degrees 50 minutes West, 200.00 feet to an iron pin; thence by the same, North 69 degrees 50 minutes East, 200.00 feet to an iron pin; thence by land formerly of Skelly, now or formerly of Phyllis J. Barrick, South 11 degrees 50 minutes East, 200.00 feet to the Place of BEGINNING. CONTAINING 0.908 acres and being known as and numbered 2627 Walnut Bottom Road, Carlisle, Pennsylvania 17013. TITLE TO SAID PREMISES IS VESTED IN Jay R. Gensimore and Jill L. Gensimore, h/w, by Deed from Jay R. Genismore, correctly known as, Jay R. Gensimore and Jill L. Genismore, correctly known as, Jill L. Gensimore, h/w, dated 04121/2007, recorded 05/0112007, in Deed Book 279, page 3954. PREMISES BEING: 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015 PARCEL NO. 31-11-0296-002 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : 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: May 2, May 9, and May 16, 2008 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. isa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 16 day of May. 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY r,'v Cnrlmission Expires Apr 28, 2010 >fiAL BWA= 4MM68 NO. 97 Writ No. 2007-7062 Civil Indymac Bank, F.S.B. VS. Jay R. Gensimore & Jill L. Gensimore Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the building thereon situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at spike at the corner of land formerly of Skelly, now or formerly of Phyllis J. Barrick and PA Route 174; thence along PA Route 174, South 69 degrees 50 minutes West, 200.00 feet to a spike; thence by lands formerly of Skelly, now or formerly of Victor G. Barrick and Cheryl A. Barrick, North 11 degrees 50 minutes West, 200.00 feet to an iron pin; thence by the same, North 69 degrees 50 minutes East, 200.00 feet to an iron pin; thence by lured foamwIy of Noft, now or formuly of Phy11s J. Hssrick,1fauft 11 dorm 50 minutes EesC 200.00 feet to the