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HomeMy WebLinkAbout08-1659PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 173407 THE BANK OF NEW YORK TRUST COMPANY, NA AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK NA, AS TRUSTEE FOR GSMPS 2003-2 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. JEANNETTE D. GIPE 440 THIRD STREET WEST FAIRVIEW, PA 17025 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08- 1669 Ci, ( CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 173407 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 #: 173407 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 #: 173407 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 #: 173407 1. Plaintiff is THE BANK OF NEW YORK TRUST COMPANY, NA AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK NA, AS TRUSTEE FOR GSMPS 2003-2 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JEANNETTE D. GIPE 440 THIRD STREET WEST FAIRVIEW, PA 17025 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/31/2002 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to WASHINGTON MUTUAL BANK, FA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1768, Page: 521. By Assignment of Mortgage recorded 02/08/2007 the mortgage was Assigned To WELLS FARGO BANK N.A. which Assignment is recorded in Assignment Of Mortgage Book No. 734, Page 1269. 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 #: 173407 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2007 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. The following amounts are due on the mortgage: Principal Balance $50,751.06 Interest $2,303.24 06/01/2007 through 03/10/2008 (Per Diem $8.11) Attorney's Fees $1,300.00 Cumulative Late Charges $51.00 07/31/2002 to 03/10/2008 Cost of Suit and Title Search 750.00 Subtotal $55,155.30 Escrow Credit $0.00 Deficit $36.21 Subtotal 36.21 TOTAL $55,191.51 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 #: 173407 8. Plaintiff is not seeking a judgment of personal liability (or an in person am 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 #: 173407 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $55,191.51, together with interest from 03/10/2008 at the rate of $8.11 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. & SCHMIEG", LLP By: FRANCIS S. DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 173407 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of West Fairview, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Third Street, said point being 81 feet 6 inches measured southwardly from the southwest corner of Locust and Third Street; thence in a westwardly direction along line of land now or formerly of W. H. Foulk, Jr., 104 feet, more or less, to an alley; thence in a southwardly direction along the eastern line of said alley, 15 feet, 4 inches to a point of line of lands now or formerly of Charles Witmer; thence in an easterly direction along said last mentioned land, 105 feet, more or less, to Third Street; thence in a northwardly direction along the western line of Third Street, 15 feet 8 inches to the point or place of BEGINNING. HAVING THEREON ERECTED a two-story frame dwelling house, numbered 440 Third Street, West Fairview, Pennsylvania. BEING THE SAME PREMISES which Janie K. Bryner, widow, by Deed dated August 10, 1993 and recoded August 12, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 36-L, Page 736, granted and conveyed unto Frederick L. Gerrick and Peggy A. Gerrick, husband and wife, GRANTORS herein. PARCEL#: 45-17-1044-027A File #: 173407 VERIFICATION I hereby state that I am the 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 I am 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 my 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 falsification. DATE: ?j J - WAA4 Cv'&' 0 c CK) -n ; -c [? V ? fft C? ij ?', 00 CV) SHERIFF'S RETURN - REGULAR CASE NO: 2008-01659 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK TRUST CO THE VS GIPS JEANNETTE D 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 r'T-DL' .7VnnTN7-R'rPT7 n the DEFENDANT at 0020:01 HOURS, on the 7th day of April 2008 at 440 THIRD STREET WEST FAIRVIEW, PA 17025 by handing to JEANNETTE GIPE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 15.00 c 1. Affidavit 00 Surcharge 10.00 R. Thomas Kline 00 gj)b107 43.00 04/08/2008 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. PHELAN HALLINAN & SCHMIEG, LLP 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, NA AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK NA, AS TRUSTEE FOR GSMPS 2003-2 Plaintiff Vs. JEANNETTE D. GIPE Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-1659-CIVIL TERM : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney fo Plaintiff z By: Franc' S. Hallinan, Esquire Date: 5/5/08 PHS #: 173407 VERIFICATION Steven Patrick hereby states that he/she is Vice President of Loan Documentation of WELLS FARGO BANK, N.A., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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 unsworn falsification to authorities. Z) (41? Name: Steven Patrick DATE: 03/12/08 Title:Vice President of Loan Documentation Company: WELLS FARGO BANK, N.A. Loan:0254956865 File 4: 173407 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, NA AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK NA, AS TRUSTEE FOR GSMPS 2003-2 Plaintiff Vs. JEANNETTE D. GIPE Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1659-CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: JEANNETTE D. GIPE 440 THIRD STREET WEST FAIRVIEW, PA 17025 Phelan Hallinan & Schmieg, LLP Attorney fo Plaintiff By: Fran ' S. Hallinan, Esquire Date: 5/5/08 rU w 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, NA AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK NA, AS TRUSTEE FOR GSMPS 2003-2 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1659-CIVIL TERM Plaintiff, V. JEANNETTE D. GIPE 440 THIRD STREET WEST FAIRVIEW, PA 17025 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 JEANNETTE D. GIPE , 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 3/11/08 to 6/3/08 TOTAL $55,191.51 $689.35 $55,880.86 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. ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: (0104log PR BOTH r 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, NA AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK NA, AS TRUSTEE Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Vs. JEANNETTE D. GIPE Defendants TO: JEANNETTE D. GIPE 440 THIRD STREET WEST FAIRVIEW, PA 17025 DATE OF NOTICE: MAY 19.2008 CUMBERLAND COUNTY NO. 08-1659-CITERM 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 Nahill, Legal Assistant # - 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, NA AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK NA, AS TRUSTEE FOR GSMPS 2003-2 3476 STATEVIEW BOULEVARD Plaintiff, V. JEANNETTE D. GIPE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1659-CIVIL TERM 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 JEANNETTE D. GIPE is over 18 years of age and resides at, 440 THIRD STREET, WEST FAIRVIEW, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ANIEL G. SCHMIEG, ESQU Attorney for Plaintiff m oo S- t (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THE BANK OF NEW YORK TRUST COMPANY, NA AS SUCCESSOR IN INTEREST TO JP CUMBERLAND COUNTY MORGAN CHASE BANK NA, AS TRUSTEE FOR COURT OF COMMON PLEAS GSMPS 2003-2 3476 STATEVIEW BOULEVARD CIVIL DIVISION Plaintiff, NO. 08-1659-CIVIL TERM V. JEANNETTE D. GIPE Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ?lune ? 9 By: If you have any questions concerning this matter, please contact: PNNIELL G. ?SSCCHHMMIIEG, ESQUIRE 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." 4 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 THE BANK OF NEW YORK TRUST COMPANY, NA AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK NA, AS TRUSTEE FOR GSMPS 2003-2 No. 08-1659-CIVIL TERM Plaintiff, V. JEANNETTE D. GIPE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due interest from 06/04/2008 - 12/10/2008 (per diem -$9.31) Add'1 Costs TOTAL $55,880.86 $1,768.90 and Costs $1,933.50 $59,583.26 Q2? ?J' 5 DANIEL G. SCHMIEG, ESQUI 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. 173407 O? ?N ra h'' ? C) OW ?a OVZC7 UZ ??a0 p 0 w d? W O d z ? EF',,, H U? dpga+?v? d W ?? HOwz ? H " V R if 't N O rn 7 0.4 G7 W H z 0 r? VW ? yC ?• w? w? O? O W ?r unn of wo W a { o ,d v w in N O r N d W W ?A a F 0 d a? N 0 M r.. 4A- ?J 9J. .?, oe (A1 ?-.d i- O Q ?.. w 8 O z r c ? n ? 41 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of West Fairview, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Third Street, said point being 81 feet 6 inches measured southwardly from the southwest corner of Locust and Third Street; thence in a westwardly direction along line of land now or formerly of W. H. Foulk, Jr., 104 feet, more or less, to an alley; thence in a southwardly direction along the eastern line of said alley, 15 feet, 4 inches to a point of line of lands now or formerly of Charles Witmer; thence in an easterly direction along said last mentioned land, 105 feet, more or less, to Third Street; thence in a northwardly direction along the western line of Third Street, 15 feet 8 inches to the point or place of BEGINNING. HAVING THEREON ERECTED a two-story frame dwelling house, numbered 440 Third Street, West Fairview, Pennsylvania. BEING THE SAME PREMISES which Janie K. Bryner, widow, by Deed dated August 10, 1993 and recoded August 12, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 36-L, Page 736, granted and conveyed unto Frederick L. Gerrick and Peggy A. Gerrick, husband and wife, GRANTORS herein. BEING THE SAME PREMISES VESTED IN Jeannette D. Gipe, single woman, by Deed from Frederick L. Gerrick and Peggy A. Gerrick, h/w, dated 07/31/2002, recorded 08/12/2002, in Deed Book 253, page 591. PREMISES BEING: 440 THIRD STREET, WEST FAIRVIEW, PA 17025 PARCEL NO. 45-17-1044-027A i THE BANK OF NEW YORK TRUST COMPANY, NA AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK NA, AS TRUSTEE FOR GSMPS 2003-2 Plaintiff, V. JEANNETTE D. GIPE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1659-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) THE BANK OF NEW YORK TRUST COMPANY, NA AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK NA, AS TRUSTEE FOR GSMPS 2003-2, 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 .440 THIRD STREET, WEST FAIRVIEW, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEANNETTE D. GIPE 440 THIRD STREET WEST FAIRVIEW, PA 17025 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Township of East Pennsboro 985 Enola Drive Enola, PA 17025 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 440 THIRD STREET WEST FAIRVIEW, PA 17025 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 unworn falsification to authorities. June 24, 2008 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ? ?-, c _ _? ,_{ _:. ___, ._? ..?, _ .. ., __. ` ?::. .?:. ?_s ... ? J- ?, ? f { y? r_- fir,,. ?'?° Y?''S 1 "7 ?..?G... ?, a . 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 THE BANK OF NEW YORK TRUST COMPANY, NA AS SUCCESSOR IN CUMBERLAND COUNTY INTEREST TO JP MORGAN CHASE BANK COURT OF COMMON PLEAS NA, AS TRUSTEE FOR GSMPS 2003-2 Plaintiff, V. JEANNETTE D. GIPE Defendant(s). CIVIL DIVISION NO. 08-1659-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: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant Q 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. 02'.V'J e., 'sc" DANIEL G. SCHMIEG, ES U RE Attorney for Plaintiff N ?Tl THE BANK OF NEW YORK TRUST COMPANY, NA AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK NA, AS TRUSTEE FOR GSMPS 2003-2 Plaintiff, V. JEANNETTE D. GIPE Defendant(s). CUMBERLAND COUNTY No. 08-1659-CIVIL TERM June 24, 2008 TO: JEANNETTE D. GIPE 440 THIRD STREET WEST FAIRVIEW, PA 17025 "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 ANATTEMPT TO COLLECTA DEBT, BUT ONL Y ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** Your house (real estate) at, 440 THIRD STREET, WEST FAIRVIEW, PA 17025, is scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $55,880.86 obtained by THE BANK OF NEW YORK TRUST COMPANY, NA AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK NA, AS TRUSTEE FOR GSMPS 2003-2 (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 lot of land situate in the Borough of West Fairview, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Third Street, said point being 81 feet 6 inches measured southwardly from the southwest corner of Locust and Third Street; thence in a westwardly direction along line of land now or formerly of W. H. Foulk, Jr., 104 feet, more or less, to an alley; thence in a southwardly direction along the eastern line of said alley, 15 feet, 4 inches to a point of line of lands now or formerly of Charles Witmer; thence in an easterly direction along said last mentioned land, 105 feet, more or less, to Third Street; thence in a northwardly direction along the western line of Third Street, 15 feet 8 inches to the point or place of BEGINNING. HAVING THEREON ERECTED a two-story frame dwelling house, numbered 440 Third Street, West Fairview, Pennsylvania. BEING THE SAME PREMISES which Janie K. Bryner, widow, by Deed dated August 10, 1993 and recoded August 12, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 36-L, Page 736, granted and conveyed unto Frederick L. Gerrick and Peggy A. Gerrick, husband and wife, GRANTORS herein. BEING THE SAME PREMISES VESTED IN Jeannette D. Gipe, single woman, by Deed from Frederick L. Gerrick and Peggy A. Gerrick, h/w, dated 07/31/2002, recorded 08/12/2002, in Deed Book 253, page 591. PREMISES BEING: 440 THIRD STREET, WEST FAIRVIEW, PA 17025 PARCEL NO. 45-17-1044-027A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1659 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, NA As Successor in Interest to JP MORGAN CHASE BANK NA, as Trustee for GSMPS 2003-2, Plaintiff (s) From JEANNETTE D. GIPE (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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $55,880.86 L.L.$ 0.50 Interest from 6/04/08 -12/10/08 (per diem - $9.31) -- $1,768.90 and Costs Atty's Comm % Atty Paid $162.00 Plaintiff Paid Date: 6/27/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $1,933.50 othonota By: Deputy Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP 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 The Bank of New York Trust Company NA In the Court of Common Pleas of As successor in interest to JP Morgan Chase Cumberland County, Pennsylvania Bank NA, as Trustee for GSMPS 2003-2 Writ No. 2008-1659 Civil Term VS Jeannette D. Gipe Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on September 08, 2008 at 2010 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jeannette D. Gipe by making known unto Jeannette Gipe personally, at 440 Third Street, West Fairview, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Schmieg. Sheriff s Costs: Docketing Poundage Advertising Posting Handbills Law Library Prothonotary Levy Mileage Surcharge Share of Bills "?' mt ?- R. Thomas Kline, Sheriff BYU -L] Real Estate Sergeant 30.00 2.85 15.00 15.00 .50 2.00 15.00 30.00 20.00 14.92 $145.27 kill(./oY 9- '7? Ch. ? ??g?9 THE BANK OF NEW YORK TRUST COMPANY, NA AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK NA, AS TRUSTEE FOR GSMPS 2003-2 Plaintiff, V. JEANNETTE D. GIPE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVLI. DIVISION NO. 08-1659-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) MUKGAN CHASE BANK NA, AS TRUSTEE FOR GSMPS 2003-2 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 ,440 THIRD STREET, WEST FAIRVIEW, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEANNETTE D. GIPE 440 THIRD STREET WEST FAIRVIEW, PA 17025 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Township of East Pennsboro 985 Enola Drive Enola, PA 17025 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 440 THIRD STREET WEST FAIRVIEW, PA 17025 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. June 24, 2008 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff J' THE BANK OF NEW YORK TRUST COMPANY, NA AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK NA, AS TRUSTEE FOR GSMPS 2003-2 Plaintiff, V. CUMBERLAND COUNTY No. 08-1659-CIVII. TERM JEANNETTE D. GIPE Defendant(s). June 24, 2008 TO: JEANNETTE D. GIPE 440 THIRD STREET WEST FAIRVIEW, PA 17025 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED 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, 440 THIRD STREET, WEST FAIRVIEW, PA 17025, is scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $55,880.86 obtained by THE BANK OF NEW YORK TRUST COMPANY, NA AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK NA. AS TRUSTEE FOR GSMPS 2003-2 (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. - 11. 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 lot of land situate in the Borough of West Fairview, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Third Street, said point being 81 feet 6 inches measured southwardly from the southwest corner of Locust and Third Street; thence in a westwardly direction along line of land now or formerly of W. H. Foulk, Jr., 104 feet, more or less, to an alley; thence in a southwardly direction along the eastern line of said alley, 15 feet, 4 inches to a point of line of lands now or formerly of Charles Witmer; thence in an easterly direction along said last mentioned land, 105 feet, more or less, to Third Street; thence in a northwardly direction along the western line of Third Street, 15 feet 8 inches to the point or place of BEGINNING. HAVING THEREON ERECTED a two-story frame dwelling house, numbered 440 Third Street, West Fairview, Pennsylvania. BEING THE SAME PREMISES which Janie K. Bryner, widow, by Deed dated August 10, 1993 and recoded August 12, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 36-L, Page 736, granted and conveyed unto Frederick L. Gerrick and Peggy A. Gerrick, husband and wife, GRANTORS herein. BEING THE SAME PREMISES VESTED IN Jeannette D. Gipe, single woman, by Deed from Frederick L. Gerrick and Peggy A. Gerrick, h/w, dated 07/31/2002, recorded 08/12/2002, in Deed Book 253, page 591. PREMISES BEING: 440 THIRD STREET, WEST FAIRVIEW, PA 17025 PARCEL NO. 45-17-1044-027A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1659 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, NA As Successor in Interest to JP MORGAN CHASE BANK NA, as Trustee for GSMPS 2003-2, Plaintiff (s) From JEANNETTE D. GIPE (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 $55,880.86 L.L.$ 0.50 Interest from 6/04/08 -12/10/08 (per diem - $9.31) - $1,768.90 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $162.00 Other Costs $1,933.50 Plaintiff Paid Date: 6/27/08 A"90 Pr thonotary (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP 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 Real Estate Sale #25 On August 18, 2008 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 440 Third Strut, West Fairview more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 18y 2009 By: 111j",?? Real E e Sergeant Z Z b V OE OF BUZ o?,