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Home My WebLink About12-2284< v i !_. L ,'l ?*J 4 ii 1 its rJ 10: + ?'? s z ?t' It ii c`-X,BEKLAQ COUI TN, PEWKISYLVANIA PHELAN HALLINAN & SCHMIEG, LLP Joseph P. Schalk, Esq., Id. No.91656 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NORTHWEST SAVINGS BANK 108 LIBERTY STREET P.O. BOX 1793 WARREN, PA 16365 V. Plaintiff GAIL L. GERBERICH 3531 TRINDLE ROAD CAMP HILL, PA 17011-4440 Defendant 282714 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. a0l CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 282714 6k) Q*4 91Dg.75po1 ?# II?l?D48? ?0, a737oy 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 282714 1. Plaintiff is NORTHWEST SAVINGS BANK 108 LIBERTY STREET P.O. BOX 1793 WARREN, PA 16365 2. The name and last known address of the Defendant are: GAIL L. GERBERICH 3531 TRINDLE ROAD CAMP HILL, PA 17011-4440 who is the mortgagor and real owner of the property hereinafter described. 3. On 05/25/2007 GAIL L. GERBERICH made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book 1994, Page 0250. The mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2011 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 #: 282714 6. The following amounts are due on the mortgage as of 09/28/2011: Principal Balance $125,204.65 Interest $3,195.33 05/01/2011 through 09/28/2011 Late Charges $160.40 Property Inspections $60.50 Escrow Deficit 766.19 TOTAL $129,387.07 7. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has 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. The mortgage premises are vacant and abandoned. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant in the sum of $129,387.07, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: p2e?a ose h . Schalk, Esquire Atto ev for Plaintiff File #: 282714 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, formerly Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at the southeast corner of Trindle Road and June Drive and shown on the hereinafter mentioned plan of lots; thence southwardly along the eastern side of June Drive a distance of ninety (90) feet to a point at the division lines between Lots Nos. 50 and 51 on said plan; thence eastwardly along said division line a distance of one hundred and ten (110) feet to a point; thence North twenty-four (24) degrees twenty-six (26) minutes West a distance of ninety (90) feet to a monument on the southern side of Trindle Road; thence westwardly along the southern side of Trindle Road a distance of one hundred and ten (110) feet to a point, the place of BEGINNING. IT BEING Lot No. 50, Block A on Plan of Lots of Trindle Village, Section 1, recorded in the Recorder's Office in and for the County of Cumberland in Plan Book 8, Page 31. HAVING ERECTED thereon a single dwelling with a two car attached garage known and numbered as 3531 Trindle Road. (erroneously referred to on prior deed as 3532 Trindle Road.). Being the same premises which Barbara L. Guschel, single woman, by deed dated May 17th, 2007 and which is intended to be recorded herewith in the Cumberland County Office of the Recorder of Deeds, granted and conveyed unto Gail L. Gerberich, married woman, Mortgagor herein. PROPERTY ADDRESS: 3531 TRINDLE ROAD, CAMP HILL, PA 17011-4440 PARCEL # 01-21-0275-069. File #: 282714 VERIFICATION Diana Flickner , hereby states that he/she is A-V. P. Loss Mitigawn NORTHWEST SAVINGS BANK, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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. DATE: 3/05/2012 File#: 282714 Name: GERBERICH J C ' ame:Diana F1'ckner Title: A.V.P. Loss Mitigation NORTHWEST SAVINGS BANK File #: 282714 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Northwest Savings Bank vs. Gail L. Gerberich 20t? A P23 01 12: 11 CUMOERLA.NG i i1UNTY PFNNSYLVANiA Case Number 2012-2284 SHERIFF'S RETURN OF SERVICE 04/17/2012 08:47 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Gail L. Gerberich, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not founc as to the defendant Gail L. Gerberich. Deputies were advised by Gail L. Gerberich 3531 Trindle Road, Camp Hill, Pennsylvania 17011 is vacant. 04/17/2012 07:50 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 17, 2012 at 1950 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Gaul L. Gerberich, by making known unto herself per nally, at 1421 Simpson Ferry Road, New Cumberland, Cumberland County, PennsyI ' 17070 t contents and at the same time handing to her personally the said true and correct copy of th e. HARRISON. DEPUTY SHERIFF COST: $81.00 April 19, 2012 SO ANSWERS,, RON R ANDERSON, SHERIFF PHELAN HALLINAN, LLP FILED-OMCE Attorney for Plaintiff OF THE PROTHONOTAj�,f 1617 JFK Boulevard, Suite 1400 1013 APR 24 AM 10. 25 One Penn Center Plaza Philadelphia, PA 19103 kCUMBEPLAND COUNTY 215-563-7000 PENNSYLVANIA NORTHWEST SAVINGS BANK COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. CUMBERLAND COUNTY GAIL L. GERBERICH NO. 2012-2284-CIVIL Defendant AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO Pa.R.C.P.404(2)/403 The undersigned attorney hereby certifies that service of the Notice of Sheriffs Sale was made by sending a true and correct copy by certified mail to P.O. BOX 1312, CAMP HILL,PA 17001-1312. The Notice of Sale was received by Defendant, GAIL L. GERBERICH, on APRIL 8, 2013 as evidenced by the attached Return Receipt. 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. PHELAN HALLINAN, LLP DATE: By: Alli on F. e7a rsq., Id. No.309519 Atto y for Plai if a 7178 2417 6099 0131 0400 LXH/282714 GAIL L. GERBERICH PO BOX 1312 CAMP HILL, PA 17001-1312 --fold here(regular) —fold here(6x9) --fold here(regular) IT y NtTE �A � � POSTA/ i� f i► r Date Produced: 04/15/2013 I PHELAN HALLINAN & SCHMIEG The following is the delivery information for Certified MailTm item number 7178 2417 6099 0131 0400. Our records indicate that this item was delivered on 04/08/2013 at 10:27 a.m. in CAMP HILL, PA, 17011. The scanned image of the recipient information is provided below. Signature of Recipient: Aa" ! iL-H Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 131034 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY i HE PROTHONOTARY j' 1, 2011i HAY -7 0310::10 CUMBERLAND COUNTY PENNSYLVANIA Northwest Savings Bank vs. Gail L. Gerberich Case Number 2012-2284 SHERIFF'S RETURN OF SERVICE 06/24/2013 07:54 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 3531 Trindle Road, Camp Hill - Borough, Camp Hill, PA 17011, Cumberland County. 06/24/2013 08:58 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Gail L. Gerberich at 1421 Simpson Ferry Road, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County. 07/29/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $2,556.98 SO ANSWERS, May 05, 2014 (c) o:ntvSu:ie Sheri eleosoft, Inc. RON�R ANDERSON, SHERIFF On June 3, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA, Known and numbered as, 3531 Trindle Road, Camp Hill, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: June 3, 2013 By: r -- Real Estate Coordinator 811 :8 V h I ON [U01 LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2012-2284 Civil Term NORTHWEST SAVINGS BANK vs. GAIL L. GERBERICH Atty.: Joseph Schalk By virtue of a Writ of Execution NO. 2012 -2284 -CIVIL, NORTHWEST SAVINGS BANK vs. GAIL L. GERB- ERICH owner of property situate in the Borough of Camp Hill, Cumber- land County, Pennsylvania, being 3531 TRINDLE ROAD, CAMP HILL, PA 17011-4440. Parcel No. 01-21-0275-069. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $129,387- .07. 55 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 26, 2013 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. ya Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this 26 day of July, 2013 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 w. The Patriot -News Co. 1900 Patriot Drive Mechanicsburg; PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Ije atriotXews 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 Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/28/13 2012-2284 CMI Term NORTHWEST SAVINGS BANK • vs. GAIL L. GERBERICH Atty: Joseph Schalk By virtue of a Writ of Execution NO. 2012 -2284 -CIVIL NORTHWEST SAVINGS BANK vs. GAIL L. GERBERICH owner of property situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, being 3531 TRINDLE ROAD, CAMP HILI, PA 17011-4440 Parcel No. 01-21-0275.069. Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $129,387.07 Sworn to an. subscribed be 1�,� `1 ;hs,23 day of August, 2013 A.D. d COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Washington Twp.,Dauphiny ount My Commission Expl es Dec. 12 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JF 1-77 FD -OFFICE_ THE ROTHONO 2014 SEP 10 41=1 10: 39 CUMBERL A ND COUNTY PENNSYLVANIA Attorney For Plaintiff NORTHWEST SAVINGS BANK Plaintiff V. GAIL L. GERBERICH Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 2012 -2284 -CIVIL PRAECIPE TO THE PROTHONOTARY: 0 Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. 0 Please mark the above referenced case Settled, Discontinued and Ended. C Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. 0 Please Vacate the Judgment entered. Date: Cr/67/Cr PH # 776546 PHELAN HALLINAN, LLP By • °9° C; Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff NORTHWEST SAVINGS BANK Plaintiff v. GAIL L. GERBERICH Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 2012 -2284 -CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: GAIL L. GERBERICH 1421 SIMPSON FERRY ROAD NEW CUMBERLAND, PA 17070-1559 Date: 772 PHELAN HALLINAN, LLP By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff