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HomeMy WebLinkAbout09-6443Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Mime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 214152 CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 V. Plaintiff CHRISTOPHER W. GONZALEZ ERIN M. FERGUSON 360 OLD STATE ROAD GARDNERS, PA 17324-8938 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 09 - iM3 0ivil ThrM CUMBERLAND COUNTY File #: 214152 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 (717) 249-3166 File #: 214152 1. Plaintiff is CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: CHRISTOPHER W. GONZALEZ ERIN M. FERGUSON 360 OLD STATE ROAD GARDNERS, PA 17324-8938 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/19/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR ALLIED MORTGAGE GROUP, INC, A PENNSYLVANIA BANKING CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200839494. The 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 03/01/2009 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 #: 214152 6 The following amounts are due on the mortgage: Principal Balance $171,761.89 Interest $7,601.56 02/01/2009 through 09/24/2009 (Per Diem $32.21) Attorney's Fees $1,300.00 Cumulative Late Charges $397.60 11/19/2008 to 09/24/2009 Mortgage Insurance Premium / $70.12 Private Mortgage Insurance Cost of Suit and Title Search $750-00 Subtotal $181,881.17 Escrow Credit $0.00 Deficit $0.00 Subtotal $DM TOTAL $181,881.17 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. 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 #: 214152 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 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $181,881.17, together with interest from 09/24/2009 at the rate of $32.21 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP G By: ? L ence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ?? Peter J. Mulcahy, Esq., Id. No. 61791 - rew L. Spivack, Esq., Id. No. 84439 Jaime e McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Fite #: 214152 LEGAL DESCRIPTION TRACT NO. 1: ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described, as follows, to wit: BEGINNING at a point in the center of the old or abandoned road leading from Carlisle to Gettysburg; thence along the center of said road and lands now or formerly of Ella Myers, North 14 1/2 degrees East, 302.3 feet to a point in the center of said abandoned Carlisle-Gettysburg Road; thence along lands now or formerly of Mrs. Ardell Graver, South 81 degrees East, 145.4 feet to a point in the center of the concrete road leading from Carlisle to Gettysburg known as State Highway Route 34; thence along the center of said last mentioned highway and along lands now or formerly of Mrs. C.H. Musselman, South 6 3/4 degrees East, 337.1 feet to a point in the center of said State Highway Route 34; thence along lands now or formerly of Hoyt Sowers, North 76 degrees West, 266.5 feet to a point in the center of the old or abandoned Carlisle Road, the Place of BEGINNING. CONTAINING 1 acre, 79 perches and 101 square feet, as shown by the survey made by P. S. Omer, Registered Surveyor, on the 17th day of January, 1946. BEING improved with a dwelling house known as 360 Old State Road, Gardners. TRACT NO. 2: ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described pursuant to a compass survey by Tom O. Bietsch, R.S., in August 1970, as follows: File #: 214152 BEGINNING at a point in the center of the Old Gettysburg Road; thence by land now or formerly of G.E. Murray, South 73 degrees 45 minutes East, 150 feet to a stake; thence by land now or formerly of Eugene C. Jacoby, South 14 degrees 45 minutes West, 100 feet to a stake; thence by land now or formerly of Earl G. Rank, Jr., North 73 degrees 45 minutes West, 150 feet to a point in the center of Old Gettysburg Road aforesaid; thence by the center of said road, North 14 degrees 45 minutes East, 100 feet to the Place of BEGINNING. BEING the same premises which Julia M. Murray, widow, by Deed dated September 30, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 186, Page 528, granted and conveyed unto Thomas E. Myers and Molly S. Myers, husband and wife, and Robert J. Marsh, Grantors herein. Amy L. Marsh joins in this Deed to convey whatever right, title or interest that she may have in the subject premises by virtue of her marriage to Robert J. Marsh. This joinder is solely to evidence consent to the transfer and does not constitute joinder in any of the warranties of Grantors. PARCEL NO: 08-38-2175-026 AND 08-38-2175-016 PROPERTY BEING: 360 OLD STATE ROAD, GARDNERS, PA 17324 File #: 214152 The undersigned attorney hereby states that I am the attorney for the 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 falsifications to authorities. DATE: `- «q-o? C , Att ey for Plaintiff File 4: 214152 ,r ^? O?9 S E CI, 26) " ?'. ii I 1 ' l.. 4'1$ ,5o PD A fW C?`t?'85(c 13R ea31 DO Sheriffs Office of Cumberland County R Thomas Kline FUD-O CE Sheriff Sheri "00T AN ??3tir of t,,,n,ferr OF ? F THE 67C ?"r PRO 'tvgvvtrYl Ronny R Anderson - Chief Deputy 7009 OCT _2 AM 10t 28 Jody S Smith ??? Civil Process Sergeant ', PENNSYLVANIA Edward L Schorpp Solicitor Chase Home Finance LLC vs. Case Number Christopher W. Gonzalez 2009-6443 SHERIFF'S RETURN OF SERVICE 09/30/2009 07:53 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on September 30, 2009 at 1953 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Christopher W. Gonzalez, by making known unto himself personally, at 360 Old State Road Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. 09/30/2009 07:53 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on September 30, 2009 at 1953 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Erin M. Ferguson, by making known unto Christopher Gonzalez, adult in charge at 360 Old State Road Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.90 SO ANSWERS, ?0*1094cow -11 - October 01, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC Plaintiff VS. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-6443-CIVIL-TERM CHRISTOPHER W. GONZALEZ CUMBERLAND COUNTY ERIN M. FERGUSON Defendant(s) , PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 214152 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ,,,7 1/L-' ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? urtenay R. Dunn, Esq., Id. No. 206779 L'vj Andrew C. Bramblett, Esq., Id. No. 208375 Date: 10-21-09 PHS #: 214152 VERIFICATION Starlene L. Starling hereby states that he/she is Assistant Secretary of CHASE HOME FINANCE LLC, servicing agent for Plaintiff, CHASE HOME FINANCE LLC, 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 unswom falsification to authorities. DATE! 01 Name: Starl t L. Sta Title: Assistant Secretary Company: CHASE HOME FINANCE LLC File #: 214152 Gonzalez 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovaiante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC Plaintiff VS. CHRISTOPHER W. GONZALEZ ERIN M. FERGUSON Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-6443-CIVIL-TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true 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: CHRISTOPHER W. GONZALEZ 360 OLD STATE ROAD GARDNERS, PA 17324-8938 PHS #: 214152 ERIN M. FERGUSON 360 OLD STATE ROAD GARDNERS, PA 17324-8938 Date: 10-21-09 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 001 By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? C enay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 PHS #: 214152 OF THE PrOOTARY ZH9 OCT 23 FM 2: 23 EN PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CHASE HOME FINANCE LLC Plaintiff v COURT OF COMMON PLEAS CIVIL DIVISION CHRISTOPHER W. GONZALEZ ERIN M. FERGUSON Defendant(s) N0.09-6443-CIVIL-TERM CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Tnterest from 03/02/2010 to Date of Sale ($31.16 per diem) TOTAOL 5 ~a~,«, P~ +~-~ 53.9 o CSF' '78.5p ~~ l~• 00 '~ a . so ~. ~ i7a.ao -w~ ~~ C'a r.- N ~, ~_~ ~ ~ $186,970.35 nT=,r~ ~ ~7~ 951 $5 56 F~f =i ~ ~~~ . , i ~ Seri ~ ^" $192,921.91 -..i -e ~Q-~- Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ La rence T. Phelan, Esq., Id. No. 32227 O'Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Td. No. SR74S ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 214152 ~a.oo due ~, • 50 LL ~-rQa7!!0 ~~ a.~9c~33 R,E lvrit ~~~S.u~..c( -o ~ N ° ~ a Q ~ N rn ~ rn ~ ~¢N zQN ~. 3~~ °~~ u. xHaQ. c~7EW-'a 3 O W QZ ~Q~ b ~ o x 0 ~ ~ ~¢ Ur, C7 ~ WcnC7 w z 0 ~~ ~ a~ U1 W iJ M~~ p~ 0 O M Q ~~~ z N N ~Oi O a I~ a W 0> ay ° ° ° ~-' r7-i 0~0 ~ N ~ ~ O p ~ O F. a N w~ azzzbzboo~~ozz °zz~ ~H ~ o a'~bb~,~~zzz~zb.~W.~.~~ O Z F v ~ o• °' '~ v" ~ti ~ b o -moo .. ~ ~ .. a' o ~~ G~O~ 3~.-. ~W ,~ ~WW^vW ~WWW~W,~e vi ~WW ~ ~' { .... -r~ ++ P ~" C ~ ~ c ° sa E ~ x v~ ~ ° ~n `~ E ~ ~ ~ . ~ vii ~ ~ °+-' a p „i G ~ U °~ ° da ~1~ti~ti-a~tiC.QtiUtiUQ V U > U W W w ¢ a^ ^^^^^^^^^^^^^^^ Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 s Attorneys for Plaintiff One Penn Center Plaza FiL~[rt"''' Philadelphia, PA 19103 215-563-7000 ZQ I ~ ~~~ ~ ~ ~,~ ~; ~ ~ CHASE HOME FINANCE LLC CUA~/4_.,`_ ;. ~ {_ .;jvt'~ai'Y COURT OF COMMON PLEAS Plaintiff ~~ri~,;j`~~~;,~„rr~ CIVIL DIVISION v. N0.09-6443-CIVIL-TERM CHRISTOPHER W. GONZALEZ . ERIN M. FERGUSON CUMBERLAND COUNTY Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. B l/ `' ~ ~! y Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ L wrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Cf~ASE HOME FINANCE LLC Plaintiff J v. CHRISTOPHER W. GONZALEZ ERIN M. FERGUSON Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION N0.09-6443-CIVIL-TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 CHASE HOME FINANCE LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 360 OLD STATE ROAD, GARDNERS, PA 17324-8938. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ~ o .~ CHRISTOPHER W. GONZALEZ 360 OLD STATE ROAD -L'J ii ~~ ~ , 0 ~; ~ = ;~ ~-_~ ?? GARDNERS, PA 17324-8938 = % ~ - ~ :---• J~ N ~ _ ,_ r .,~ ' ERIN M. FERGUSON 360 OLD STATE ROAD ~% ~ -' =~~ ~ ~ _~ GARDNERS,PA17324-8938 °~=~'~ `=~=C'~3 ~~ ~=: t err 2. Name and address of Defendant(s) in the judgment: _~ '"~ v ~, ~ ~ Name Address (if address cannot be reasonably --s ' ascertained, please so indicate) 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 Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name 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 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 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 360 OLD STATE ROAD GARDNERS, PA 17324-8938 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 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 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6`h 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.A. § 4904 relating to unsworn falsification to authorities. March 25, 2010 By: Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 [~ F antis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 (~HASE HOME FINANCE LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CHRISTOPHER W. GONZALEZ ERIN M. FERGUSON N0.09-6443-CIVIL-T~2M n • C CUMBERLAND OU~TY`~ _.f., Defendants ~;9~F` "' `~``r` ~L.1 r: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ~ ~~ =~ ~~~-, TO: CHRISTOPHER W. GONZALEZ 360 OLD STATE ROAD GARDNERS, PA 17324-8938 ERIN M. FERGUSON ~ ~ :..~ '' -' ~, 360 OLD STATE ROAD GARDNERS, PA 17324-8938 * *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, 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 360 OLD STATE ROAD, GARDNERS, PA 17324-8938 is scheduled to be sold at the Sheriffs Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $186,970.35 obtained by CHASE HOME FINANCE LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1.230.. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. ~. 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 ca11215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 t SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-6443-CIVIL-TERM CHASE HOME FINANCE LLC vs. CHRISTOPHER W. GONZALEZ ERIN M. FERGUSON owner(s) of property situate in DICKINSON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 360 OLD STATE ROAD, GARDNERS, PA 17324-8938 Parcel No. 08-38-2175-016 and 0-8-38-2175-026 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $186,970.35 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 l LEGAL DESCRIPTION TRACT NO. 1: ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described, as follows, to wit: BEGINNING at a point in the center of the old or abandoned road leading from Carlisle to Gettysburg; thence along the center of said road and lands now or formerly of Ella Myers, North 14 1/2 degrees East, 302.3 feet to a point in the center of said abandoned Carlisle-Gettysburg Road; thence along lands now or formerly of Mrs. Ardell Graver, South 81 degrees East, 145.4 feet to a point in the center of the concrete road leading from Carlisle to Gettysburg known as State Highway Route 34; thence along the center of said last mentioned highway and along lands now or formerly of Mrs. C.H. Musselman, South 6 3/4 degrees East, 337.1 feet to a point in the center of said State Highway Route 34; thence along lands now or formerly of Hoyt Sowers, North 76 degrees West, 266.5 feet to a point in the center of the old or abandoned Carlisle Road, the Place of BEGINNING. CONTAINING 1 acre, 79 perches and 101 square feet, as shown by the survey made by P.S. Orner, Registered Surveyor, on the 17th day of January, 1946. BEING improved with a dwelling house known as 360 Old State Road, Gardners. TRACT NO. 2: ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described pursuant to a compass survey by Tom O. Bietsch, R.S., in August 1970, as follows: BEGINNING at a point in the center of the Old Gettysburg Road; thence by land now or formerly of G.E. Murray, South 73 degrees 45 minutes East, 150 feet to a stake; thence by land now or formerly of Eugene C. Jacoby, South 14 degrees 45 minutes West, 100 feet to a stake; thence by land now or formerly of Earl G. Rank, Jr., North 73 degrees 45 minutes West, 150 feet to a point in the center of Old Gettysburg Road aforesaid; thence by the center of said road, North 14 degrees 45 minutes East, 100 feet to the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Christopher W. Gonzalez and Erin M. Ferguson, single persons, as joint tenants with right of survivorship, by Deed from Thomas E. Myers and Molly S. Myers and Robert J. Marsh and Amy L. Marsh, h/w, dated 10/18/2007, recorded 10/19/2007 in Instrument Number 200740138. PREMISES BEING: 360 OLD STATE ROAD, GARDNERS, PA 17324-8938 PARCEL N0.08-38-2175-026 08-38-2175-016 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-6443 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE, LLC, Plaintiff (s) From CHRISTOPHER W. GONZALEZ and ERIN M. FERGUSON (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 $186,970.35 L.L. $.50 Interest from 3/2/10 to Date of Sale ($31.16 per diem) -- $5,951.56 Atty's Comm % Due Prothy $2.00 Atty Paid $172.90 Plaintiff Paid Other Costs late: 3/29/10 (3 gal'} RE(~UESTII~'G PARTY: Name: FRANCIS S. HALLINAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62695 Deputy ' JUL 16 20 ~. ZOlO JAL 20 Azi~ ~;~ ~ cuc~~~.~~ , :::;war R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC Plaintiff v. CHRISTOPHER W. GONZALEZ ERIN M. FERGUSON Court of Common Pleas Civil Division CUMBERLAND County No. 09-6443-CIVIL-TERM Defendants RULE AND NOW, this day of 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. /~ • Rule Returnable on the day of `' 2010, at ~'~ . in the lbf~lftf""~ Courtroo~he Cumberland County Courthouse, Carlisle, Penns YT J. ~J~ £S I~Yt`a,t~ n' ~ r [1 .! . nn aiL~/ li-Ge.., Z7~Z, .~fdtQ~csor~.~ ~f ~.o j~v 214152 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC Court of Common Pleas Plaintiff Civil Division v. CHRISTOPHER W. GONZALEZ ERIN M. FERGUSON Defendants CUMBERLAND County No.09-6443-CIVIL-TERM ORDER AND NOW, this day of , 2010 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $171,761.89 Interest Through September 8, 2010 $18,624.48 Per Diem $31.76 Late Charges $284.00 Legal fees $1,430.00 Cost of Suit and Title $1,131.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $98.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $277.36 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $4,160.51 TOTAL $197,767.74 Plus interest from September 8, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff s commission is not included in the above figure. BY THE COURT J. 2]4152 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC Plaintiff, v. CHRISTOPHER W. GONZALEZ ERIN M. FERGUSON Defendant(s) CUMBERLAND COUNTY p j ~_ ~ COURT OF COMMON~!~I;ASc~_-' ~ - °~ -,~ , ._ .. ~.- ~ _.,~T, ; , ~ CIVIL DIVISION ` ~ ; ---~ ° ~ `- : _ ~ -,.~ ~ _ ; No. 09-6443-CIVIL-TER~_~- ~``' ~ `~ r. . -. W _ , AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.I(a) Notice of Sale has been given to Lienholders and any known interested party 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 Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto E~~[i~ti' "A"y A Date: ~' 'L ^ Lawrenc helan, Esq., . No. 32227 ^ Francis . H llinan, Esq., . No. 62695 ^ Daniel G. S mieg, Es ., Id. No. 62205 ^ Michele M. ,Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. Nd. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ,. ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 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. PHS # 214152 w so Gs ~ 3vo~a~z woa~ a3tn+w oGOa szavw ssauavooo w~ ~~ V O L O p~ ~N 0. ~ ~ii ~~pp~yy ~_ TjNy' ~._~~ uu V O .~ ~ ~ a .~ h .a ~ u _ ~ C .~ ~ A .~ ~~ ~~~•~ S' ~ ~~ .~~ s~ a ~,.~ ~~~ ~~ b ~~~~~ ~~ ~~ ~ ~~~,~~ ~~ ~'~ ~:~.€ ~~~~~~€ sw,o~~ ~~a.. ~ a ~ g:~.~~ o~~.~~ ~,~~~~~ ~~~~o ~~~~~.~a d ~o a p c U ~ :, r'-„ +r N ~ w~~ w ' a $ w .p o A ~ 'q ~ N '~ ~~~a ~~0~ o~~ 0: ~ ai ~ c ~~"~i ppgdEa o e~' c°3 3 ~ ~ w~ pAR~"~ d ~ h w0 ~ w..,, !.~ o ~Ho N M bo a ~ ~ I+e .~ q q L. N'1 w w R` ~ ~ ~ M O ~„~ w ~ a .r fir etas ~' .C ~ w bD O a .r q O .+ h w q ~ ~° q N~ O C 'r ~ Y v~C ~ F0.~ix O >o °3 ie Y Y~++ w ~ ,r o;oA w• y,o"" vh ~ gip`"„ ~ c g°rbU~v V a~$ c~ndrs,-~ °'> ~`e; v°°'~ S~C~.,'>. N'F3~ ° ~~ ~~Qe~'~' ~.~ "`» aJ' ~a F ~ 'd .~. ~ ~ ~ ~ G1e 8 >.'ty v~. Ra ro F e~ c d ~ O s~U~~O~jjC4 q °~~ ~ qua ~ S Y~er ~~„~ Y L ~ci~,~s,pd„`'"~+~ Ciw ~~ wF'`A .m a' a Y~~ °+g 'd s"Y ale ~ q q 3w ~r~., ~'" ~L o"' o°~~e ~~ ~ ~ ~ o ~~ ~~~ o ~ N~ V~pe~$~ a~4A.5 o a o w vp;~ o w Y ~ ~~~ o~ fie 4i ~ V ~ ~ ~. ~ ,°.} ~ '~" . OC .C O ~' "'~ w O A y it ~~ o~ o ~,.~ ~~ ~ ~ a ~ ~ q. ~ d .~~ .~_ $~~~, ~ ~ $.~.q Ewa ~~ a ~ ~~~~z~.~t~,$v'~c~v°°r~a~~v~,~~gw~~~~C~v a~~o ~E~o~ ~a ~ - S.r~.-, ..wA~wa3. .~ ,r . ,.,~ Z s ~ i * * .'^'' u ~ ~ .*~ « v * + y ~ .~ ~ a ~~~ a~ ~ z d O ~l N M d' ~O p. ~ ~ "~ ~~ ;_a ~-~,_~., pvt~ 3 ~M ~l'• v8 CLJ"~ ~ _ _ 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County CHRISTOPHER W. GONZALEZ ERIN M. FERGUSON No. 09-6443-CIVIL-TERM Defendants CERTIFICATION OF SERVICE 214152 I hereby certify that a true and correct copy of the Rule Returnable noting a Rule Return date of August 23, 2010 was sent to the following individual on the date indicated below. CHRISTOPHER W. GONZALEZ ERIN M. FERGUSON 360 OLD STATE ROAD GARDNERS, PA 17324-8938 Phelan Hallinan & Schmieg, LLP DATE: ~~ Ey: ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 214152 JUl ~ 6 20fb IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC Plaintiff Court of Common Pleas Civil Division v. CHRISTOPHER W. GONZALEZ ERIN M. FERGUSON CUMBERLAND County No.09-6443-CIVIL-TERM Defendants RULE AND NOW, this day of 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. /~ ~ ~• Rule Returnable on the day of `~ 2010, at ~'~~ , in the ivfaiif'~ Courtroo~ e Cumberland County Courthouse, Carlisle, Penns l~ia:- ,._ ,~ Y,. ; "~Y T .~~~ J. 214152 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY CHASE HOME FINANCE LLC PHS # 214152 DEFENDANT SERVICE TEAM/ -iin CHRISTOPHER W. GONZALEZ ERIN M. FERGUSON COURT NO.: 09-6443-CIVIL-TERM SERVE ERIN M. FERGUSON AT: 360 OLD STATE ROAD GARDNERS, PA 17324-8938 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 09/08/2010 SERVED ~'? Served and made known to ~1 N /~I . FEltGuSi N ,Defendant on the ~~"day of ~_, 20 ~O , fit--. ~~ ~ i ~~ ~ 4S ,o'clock ,~. M., at 3LD Ot.p S?IlF~ Rd,~o ~t~Q~N~Ett.Q-in the manner described below ! ~` ' ~ ; ~ -~ _ Defendant personally served. ~ _ _ Adult family member with whom Defendant(s) reside(s). " 6~ Relationship is ~-__ ~_ ~ ~' _ Adult in charge of Defendant'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 office or usual place of business. an officer of said Defendant's company. ~. ~/ Other: ~ 1 NT Description: Age ~~2 Height t ~~ Weight ~ 6~ Race W Sex M Other I, ~~~_, 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 subsc}~ibed KIMBERLY CURTY before met ' ID day NOTARY PUBLIC of , 2 gTATE OF NEW JERSEY ---~~ MY COMMISSfON EXPIRES MARCH 7, 2013 Notary: On t , 20 , at NOT SERVED o'clock _. M., Defendant NOT FOUND because: Vacant _ Bad Address _ Moved No Answer Service Refused Other: Sworn to and subscribed obeffore me this ~~ day B y~ Notary: _ Dces Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Franeb S. HaBhuay Esq., Id. No. 62695 Dankl G. Schmieg, Esq., Id. No. 62205 Mkitde M. Bradford, Esq„ Id. No.69849 Jndith T. Romano, Esq., Id. No. 58745 Sheelal R SAah-Jaai, Feq., Id. No. 81760 J®ine R Davey, Esq., Id. No.87077 Lauren R Tabas, Esq., Id. No. 93337 Vivek S,ivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., hl. No. 84439 Jaime McGaMoess, Esq., Id. No. 90134 Ch`isovahnle P. FYakas, Esq., Id. No. 94620 Joshua I. Gotloun, Esq., ld. No. 205047 CoaKenay R Dann, Esq., Id. No. 2067!9 Andrew G BtsmbbyuFsa., nld. No. 108375 One Peon Center at S bo a Slalkm 1617 JoM F. Kennedy BWd., Sni41400 Philadelphia, PA 19103.1814 (215) 5617000 AFFIDAVIT (~F SERVICE PLAINTIFF CUMBERLAND COUNTY CHASE HOME FINANCE LLC PHS # 214152 DEFENDANT SERVICE TEAM/ iin CHRISTOPHER W. GONZALEZ ERIN M. FERGUSON COURT NO.: 09-6443-CIVIL-TERM SERVE CHRISTOPHER W. GONZALEZ AT: TYPE OF ACTION 360 OLD STATE ROAD XX Notice of Sheriff s Sale GARDNERS, PA 17324-8938 SALE DATE: 09/08/2010 SERVED n Served and made known to ~,,~~~Z ~ , 19'R~P1~t4.2 H- ~ ~"'' - iefendant on the (6~'`day of _~, 20 L,~ ° . ~ ~:~5 , o'clock ~. M., at 36a ©W Sr~arrE IZsA+~~ C~A2wu~s Oi4 , in the manner described below ~" ' : ;-~ -7-_: ,~ Defendantpersonally served. -_ ' _ _ Adult family member with whom Defendant(s) reside(s). ~, Relationship is r=='= '-e _ Adult in charge of Defendant's residence who refused to give name or relationship. ~' Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ ~v _ Agent or person in charge of Defendant's office or usual place of business. °- ~, '__; _ an officer of said Defendant's company. ~ _ Other: ~ ~~ Description: Age ~ Height ~~ Weight ~..~~ Race W Sex 1lA Other I, I'~v~'l,,~ M.a U _ , 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 KIMBERLY CURTY before me this day NOTARY PUBLIC of , 20 b~TATE OF NBW JERSEY COMMISSION EXPIRES MARCH 7, 2(113 No By: NOT SER On the , 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant _ Bad Address _ Moved _ Dces Not Reside (Not Vacant) _ No Answer _ Service Refused Other: Sworn to and subscribed before me this day of , 2~ By: Notary: ATTORNEY FOR PLAINTIFF Lavrmax T. Phe6uy Eeq., Id. No. 32227 Frands S. IlaBioeo, Esq., Id. No. 62695 Daniel G. Sclmieg, Esq., Id. Nw 622115 Mirhde M. Bedford, Eaq., Id. No. 69649 Jndifh T. Romano, Eaq., id. No. 55743 Shaul RShah-Jmd, Feq., Id. Na 81760 Janine R Davey, Esq., W. No.87077 I.antwa R Tabas, Esq., W. No.93337 V Wek Sdvastave, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mnl~y, Esq., Id. No. 61791 Andrew L SPivack, Esq., Id. No. 84439 Jaime McGainnees, Esq., Id. No. 90134 ' Chrisovalank P. FYakos, Esq., W. No.94620 /// Jashw 1. Coldmaq Esq., Id Nw 205047 3 ~ Coa~veoay R Dmm, Eaq, Id. No.206779 Andrew G Bembkty b. No. 208375 One Pmn Center al S Statim 1617 John F. Kem~edy Bh+d., Sulk 1400 PhitadelPlda, PA 191831814 (215)563-700D SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson • . Sheriff r at 4 ?ctnG? frr T T? 2010 Orr 2 QM 1n: l b'MBEf L/. ado C( D z : SYL'/A?[ ISY? Jody S Smith Chief Deputy Richard W Stewart Solicitor Chase Home Finance LLC Case Number vs. Christopher W. Gonzalez (et al.) 2009-6443 SHERIFF'S RETURN OF SERVICE 06/25/2010 01:06 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 6-25-2010 at 1300 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Christopher W. Gonzalez and Erin M. Ferguson, located at, 360 Old State Road, Gardners, Cumberland County, Pennsylvania according to law. 06/2512010 01:06 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 6-25-2010 at 1300 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: Christopher W. Gonzalez, by making known unto, Christopher W. Gonzalez, personally, at, 360 Old State Road, Gardners, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/30/2010 03:00 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 06/30/10 at 1455 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: Erin M. Ferguson, by making known unto, Sue Fergosn, Mother, at, 204 Westpoint Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 09/09/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on 918/10 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg on behalf of Chase Home Finance, LLC, 3415 Vision Drive, Columbus, OH 43219, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 858.68 SHERIFF COST: $858.68 October 11, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF of .oo pA. fie. .?.00 10k 00. .0 a lod . Ik;# 7 <59t) kC) COUntySWO Sher'ff. ieiBCSO't. Inc. CHA$E HOME FINANCE LLC Plaintiff V. CHRISTOPHER W. GONZALEZ ERIN M. FERGUSON Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 . t COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-6443-CIVIL-TERM CUMBERLAND COUNTY CHASE HOME FINANCE LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 360 OLD STATE ROAD, GARDNERS, PA 17324-8938. 1 2 Name and address of Owner(s) or reputed Owner(s): Name CHRISTOPHER W. GONZALEZ ERIN M. FERGUSON Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 3. 4 5. SAME AS ABOVE 360 OLD STATE ROAD GARDNERS, PA 17324-8938 360 OLD STATE ROAD GARDNERS, PA 17324-8938 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name 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 Address (if address cannot be reasonably ascertained, please indicate) None. 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 s Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 360 OLD STATE ROAD GARDNERS, PA 17324-8938 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 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 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6'h 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.A. § 4904 relating to unworn falsification to authorities. March 25, 2010 By: DLU1--- Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 nrancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 CHASE HOME FINANCE LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO. 09-6443-CIVIL-TERM CHRISTOPHER W. GONZALEZ CUMBERLAND COUNTY ERIN M. FERGUSON Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CHRISTOPHER W. GONZALEZ ERIN M. FERGUSON 360 OLD STATE ROAD 360 OLD STATE ROAD GARDNERS, PA 17324-8938 GARDNERS, PA 17324-8938 "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, 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 360 OLD STATE ROAD, GARDNERS, PA 17324-8938 is scheduled to be sold at the Sheriff's Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $186,970.35 obtained by CHASE HOME FINANCE LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s gale, you must take immediate action: 1. The sale will be canceled 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 x1230., 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.) THE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 09-6443-CIVIL-TERM CHASE HOME FINANCE LLC vs. CHRISTOPHER W. GONZALEZ ERIN M. FERGUSON owner(s) of property situate in DICKINSON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 360 OLD STATE ROAD, GARDNERS, PA 17324-8938 Parcel No. 08-38-2175-016 and 0-8-38-2175-026 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $186,970.35 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION TRACT NO. 1: ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described, as follows, to wit: BEGINNING at a point in the center of the old or abandoned road leading from Carlisle to Gettysburg; thence along the center of said road and lands now or formerly of Ella Myers, North 14 1/2 degrees East, 302.3 feet to a point in the center of said abandoned Carlisle-Gettysburg Road; thence along lands now or formerly of Mrs. Ardell Graver, South 81 degrees East, 145.4 feet to a point in the center of the concrete road leading from Carlisle to Gettysburg known as State Highway Route 34; thence along the center of said last mentioned highway and along lands now or formerly of Mrs. C.H. Musselman, South 6 3/4 degrees East, 337.1 feet to a point in the center of said State Highway Route 34; thence along lands now or formerly of Hoyt Sowers, North 76 degrees West, 266.5 feet to a point in the center of the old or abandoned Carlisle Road, the Place of BEGINNING. CONTAINING 1 acre, 79 perches and 101 square feet, as shown by the survey made by P. S. Omer, Registered Surveyor, on the 17th day of January, 1946. BEING improved with a dwelling house known as 360 Old State Road, Gardners. TRACT NO. 2: ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described pursuant to a compass survey by Tom O. Bietsch, R.S., in August 1970, as follows: BEGINNING at a point in the center of the Old Gettysburg Road; thence by land now or formerly of G.E. Murray, South 73 degrees 45 minutes East, 150 feet to a stake; thence by land now or formerly of Eugene C. Jacoby, South 14 degrees 45 minutes West, 100 feet to a stake; thence by land now or formerly of Earl G. Rank, Jr., North 73 degrees 45 minutes West, 150 feet to a point in the center of Old Gettysburg Road aforesaid; thence by the center of said road, North 14 degrees 45 minutes East, 100 feet to the Place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Christopher W. Gonzalez and Erin M. Ferguson, single persons, as joint tenants with right of survivorship, by Deed from Thomas E. Myers and Molly S. Myers and Robert J. Marsh and Amy L. Marsh, h/w, dated 10/18/2007, recorded 10/19/2007 in Instrument Number 20074013 8. PREMISES BEING: 360 OLD STATE ROAD, GARDNERS, PA 17324-8938 PARCEL NO.08-38-2175-02608-38-2175-016 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-6443 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE, LLC, Plaintiff (s) From CHRISTOPHER W. GONZALEZ and ERIN M. FERGUSON (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 $186,970.35 L.L. $.50 Interest from 3/2/10 to Date of Sale ($31.16 per diem) -- $5,951.56 Atty's Comm % Due Prothy $2.00 Atty Paid $172.90 Other Costs Plaintiff' Paid Date: 3/29/10 David D. Buell, Prothonotary (Sea!) By: Deputy REQUESTING PARTY: Name: FRANCIS S. HALLINAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62695 On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA, Known and numbered as, 360 Old State Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: Real Estate Coordinator Q`;ul 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: July 16, July 23, and July 30, 2010 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. Writ No. 2009-6443 Civil Chase Home Finance LLC S/B/M to Chase Manhattan Mortgage Corporation vs. Christopher W. Gonzalez Erin M. Ferguson Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 09-6443-CIVIL-TERM, CHASE HOME FINANCE LLC vs. CHRIS- TOPHER W. GONZALEZ, ERIN M. FERGUSON, owners of property situate in DICKINSON TOWNSHIP, Cumberland County, Pennsylvania, being 360 OLD STATE ROAD, GARD- NERS, PA 17324-8938. Parcel No. 08-38-2175-016 and 0-8-38-2175-026. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $186,970- .35. i Marie Coyne, E ' or SWO TO AND SUBSCRIBED before me this 30 da of Jul 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expins Apt 2B, 2014 ,. ..?....7 Jtl+`i1.1q ?`14i1d? ''tsz A iqA ?,,Oligx3 naa2m mO3 ykA -rhe Patriot-News Co. 2020 Technology Pkvgy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ?hePatti* ot-News Now you know 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she 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: Writ No. 20094443 Civil Term Chase Home Finance LLC SB 07/09110 /M to Chase Manhattan Mortgage 07116110 Corporation Vs Christopher W. Gonzalez Erin M Fer us 07/23/10 . g on Atty: Daniel Schmieg ... By virtue of a Writ of Execution NO. 09-6443- f, J CIVIL-TERM CHASE HOME FINANCE LLC Sworn to and, bSCn before tale this t,day of August, 2010 A.D. vs. t ^F ! CHRISTOPHER W. GONZALEZ ERIN M.FERGUSON owner(s) of property situate in DICKINSON Notary Public TOWNSHIP, Cumberland County, Pennsylvania being (Municipality) 360 OLD STATE ROAD, GARDNERS. P4 COMMONWEALTH OF PENNSYLVANIA -- 17324-8938 89 3 Notarial Seal , Parcel No. 08-38-? 175-016 and 0-8-38-2175 Sherrie L. Kisner, Notary F'01ic - 026 Lower Paxton Twp., Dauphin County (.Acreage or street address) My Commission Expires Nov. 26, 2011 - Improvements thereon: RESIDENTIAL Member, Penns,tva?-ia As ,:=iar?er of No*ar;e; DWELLING JUDGMENT AMOUN : $186,970.35 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Chase Home Finance LLC is the grantee the same having been sold to said grantee on the 8th day of September A.D., 2010, under and by virtue of a writ Execution issued on the 29th day of March, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 09 Number 6443, at the suit of Chase Home Finance LLC against Christopher W Gonzales & Erin M Ferguson is duly recorded as Instrument Number 201029293. KjCwffljwmb0nftFW IN TESTIMONY WHEREOF, I have hereunto set my hand - and seal of said office this 13 day of ?iii?i.?Yii 7C €+9ill? `?!?`3 R? i+ °x*. • ?. 'r ^ri r+ ?:r ^? . , ,