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Home My WebLink About05-2423 , ... LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORYJAVARD~N ID# 55669 1310 INDUSTRIAL BOULEVARD lsrFLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff GREEN TREE CONSUMER DISCOUNT COMPANY 7360 SOUTH KYRENE ROAD TEMPE, AZ 85283 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY SHAWN W, GILMORE 512 3RD STREET W. FAIRVIEW BORO ENOLA, P A 17025 DEFENDANT NO. ()5; - dlJ~~ CI'vLl~vV'1 VS, COMPLAINT IN MORTGAGE FORECLOSURE 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 defense 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 NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 717-249-3166 . 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 US,C S 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 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TlME. 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, . LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff GREEN TREE CONSUMER DISCOUNT COMPANY 7360 SOUTH KYRENE ROAD TEMPE, AZ 85283 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. {)!;- Ciu{'!0Z-{ VS. SHAWN W. GILMORE 512 3RD STREET W. F AIRVIEW BORO ENOLA, PA 17025 DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE I, Green Tree Consumer Discount Company, (hereinafter referred to as "Plaintiff') is an Institution, conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof 2. Upon information and belief Shawn W. Gilmore, (hereinafter referred to as "Defendant") is an adult individual residing at 424 Burgners Road, Carlisle, PA 17013-7703. 3. Plaintiff brings this action to foreclose on the mortgage between Defendant and itself as Mortgagee. The Mortgage, dated October 12, 1998, was recorded on October 15, 1998 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1489 page 588. A copy of the Mortgage is attached and made a part hereof as Exhibit 'A', . 4, The Mortgage secures the indebtedness of a Note executed by the Defendant on October 12, 1998 in the original principal amount of $80,100.00 payable to Plaintiff in monthly installments with an interest rate of 11.6%, A copy of the Note is attached and made a part hereof as Exhibit 'B'. 5. The land subject to the mortgage is 512 yd Street, W. Fairview Boro, Enola, PA 17025. A copy of the Legal Description is attached as part of the Mortgage as Exhibit' A' and incorporated herein. 6. The Defendant is the record owner of the mortgaged property located at 512 3rd Street, W. Fairview Boro, Enola, PA 17025, 7, The Mortgage is now in default due to the failure of Defendant to make payments as they become due and owing, As a result of the default, the following amounts are due: Principal Balance Interest to 4/25/2005 Accumulated Late Charges Tax Advances Property Inspections PBP Fees Deferred Interest Cost of Suit and Title Search Attorney's Fees TOTAL $74,575.99 2,791.24 674.04 2,166.94 65.50 12,00 653.38 550.00 1,000,00 $82,489.09 plus interest from 4/26/2005 at $21.57 per day, costs of suit and attorney fees. . 8, The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P,S, Section l680.403c, 10. The Notice of Homeowners' Emergency Mortgage Assistance was required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendant by regular and certified mail on March 22, 2005. A copy of the Notice is attached and made a part hereof as Exhibit 'C'. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff s favor and against the Defendant, in the sum of$82,489,09 together with the interest from 4/26/2005 at $21.57 per day, costs of suit and attorney fees. Law offices of Gregory J avardian LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD I sr FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff GREEN TREE CONSUMER DISCOUNT COMPANY 7360 SOUTH KYRENE ROAD TEMPE, AZ 85283 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS, NO. SHAWN W. GILMORE 512 3RD STREET W. FAIRVIEW ENOLA, PA 17025 DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE 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 defense 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 NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S, Bedford Street Carlisle, P A 17013 717-249-3166 j.-.... 35'5'( a ~e./ " y,. . . ~ , ....' - CommoDwealth or PeDDSYlvama Spate Above lbls LiDe For Recon!iDg Dala Application # 9809100802 Loan # 6901818739 OPEN-END MORTGAGE This Mortgage secures future advances 1. DATE AND PAR~S. The date of this Mortgage (Security Instrument) is ....?~~~~~.7...~~!...?:-.~.~.~......... and the parties, their addresses and tax identification numbers, if required, are as follows: MORTGAGOR: Shawn W Gilmore o If checked, refer to the attached Addendum incorporated herein. for additional Mortgagors, their signatures and acknowledgments. LENDER: Green Tree Consumer Discount Company 3401 Hartzdale Drive Suite 11B Camp Hill, Pennsylvania 17011 'C) ,= -l '..... CJ1 . = .= {"":- -:.. ....., ;; r.l ;.~~ r., ';") :"':J ~ ~;" ~ o:a Z !11-1 0' :-u:o Z. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, ~ t~.JJre the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgag<!>=iibn~biigains. cooveys and mortgages to Lender the following described property: 'N Z;:?, ~ . -l fTlT,.. See Exhibit A .~ ~;;.=::U ,.. The property is located in .......~~~.~.~~........................................... at.............................,..............,... (County) . . - ' . 17025 ........... .... .... .............. ....... ..................., ....,...........,...... ..... .........,............. Pennsylvarua ............ ........,. ... (Address) (City) (ZIP Code) Together with all rights, easements. appurtenances, royalties, mineral rights, oil and gas rights. all water and riparian rights. ditches, and water stock and all existing and future imptovements, StnlClUres, fixtures. and replacements that may now. or at any time in the future. be part of the real estate described above (all referred to as "Property"). ,3. MAxIMuM: OBLI~tt~~m LlJWT. The total principal.lID';o~t ~ured by this Security I~trume?t at anyone time shall not exceed $ .........................:.......................... . This lllD1tatton of amount does not ,nclude IDterest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the telIDS of this Security Instrument to protecl Lender's security and to perform any of the covenants contained in this Security Instrument. 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secored Debt" is defined as follows: A. Debt incurred under the telIDS of all promissory note(s). conttaCt(s), guaramy(s) or other evidence of debt described below and all their extensions, renewals. modifications or substitutions. (When referencing the debts below it is suggested that you include items sueh as borrowers' names, note amounts, interest rates, maturiry dates, ere.) Note dated October 12, 1998, between Green Tree Consumer Discount Company and Shawn W Gilmore, for $80,100.00, maturing October 16, 2023. PENNSYLVANIA - MORToAGE (NOT FOR FNMA. FHLMC. FHA OR VA USE) ClHtlJ4 s.nt.r. $yflems. Jnc.. s,. Claud. MN 11-800.307.23411 Form RE-MTG-PA 12/18/84 Form ID #1.11184 ~910~6J.. 800!:t48flfiIGt ~88 ,..'. " B. All furore advances from Lender to Mortgagor or other furore obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Mortgagor agrees that this Security Instrument will secure all furore advances and furore obligations !hat are given to or incurred by anyone or more Mortgagor, or anyone or more Mortgagor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing, C. All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All additional SUIllS advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the tenus of this Security Instrument. This Security Instrument will not secure any other debt if Lender fails to give any required notice of the right of rescission. S. PAYMENTS. Mortgagor agrees !hat all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant. bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. Wilb regard to any other mortgage, deed of trust, security agreement or other Jien documem that created a prior security interest or encumbrance on the Property. Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any furore advances under any note or agreement secured by lbe lien document without Lender's prior written consem. 8. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes. assessments. liens, encumbrances, lease payments, ground rents, utilities. and other cbarges relating to the Property when due, Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and lbe receipts evidencing Mortgagor's paymem. Mortgagor will defend title to the Property against any claims that would impair the lien of tb.is Security Instrument. Mortgagor agrees to assign to Lendet, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to he immediately due and payable upon the creation of, or contract for the creation of. any lien, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.P.R. 591), as applicable. This covenant shall run with the Property and shall remain in effee! until the Secured Debt is paid in full and this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in gond condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment. or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mongagor agrees that the nature of the occupancy and use will not substADtially change without Lender's prior written consent. Mongagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mortgagor. and of any loss or damage to the Property. ,800Ki4.S9f1iGt ~9 ~~f12Df6J ~'9S.15onk'r, $V.lem., Inc., St. CllXJd. MN 11-800-39'-2341} ltorm RE-MTG-PA 1211$/04 Lender or Lender's agents may. at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 11. AUTIlORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perfono or cause them to be perfonned. Mortgagor appoints Lender as attorney in fact to sigo Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation 10 perfono, and Lender's failure to perfoon will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or nol carried on in a reasonable manner. Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains. conveys and mortgages to Lender as additional security all the right, title and interest in and to any and all existing or future leases, subleases, and any other wrilten or verbal agreements for the use and occupancy of any portion of the Property. including any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases") and rents, issues and profits (all referred to as "Renls"). Mortgagor will prompdy provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collecl, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this Security Instrument. Mortgagor agrees that this assignment is immediately effective between the parties to this Security Instrument and effective as to third parties on the recording of this Security Instrument, and this assignment will remain effective until the Obligations are satisfied. Mortgagor agrees that Lender is entitled to notify Mortgagor or Mortgagor's tenants to make payments of Rents due or to become due directly to Lender after such recording, however Lender agrees not to notify Mortgagor's tenants until Mortgagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and Mortgagor's tenants pay all Rents due or to become due direcdy to Lender. On receiving notice of default. Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possession and will receive any Rents in trust for Lender and will not commingle the Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Mortgagor warrants that no default exists under the Leases or any applicable landlord/tenant law. Mortgagor also agrees to maintain and require any tenant 10 comply with the terms of the Leases and applicable law. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees 10 comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned uoit development, Mortgagor will perform all of Mortgagor's duties under the covenants. by-laws, or regulations of the condominium or planned unit development. 14. DEFAULT. Mortgagor will be in default if any party obligated on the Secured Debl fails 10 make payment when due. Mortgagor will be in default if a breach occurs under the terms of this Security Instrument or any other document executed for the putpose of creating. securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of the Property is impaired sball also constitute an event of default. ' 15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in default. At the option of Lender, all or any pan of lhe agreed fees and cbarges. accrued interest and principal shall become immediately due and payable. after giving notice if required by law, upon lhe occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to alllhe remedies provided by law, lhe terms of lhe Secured Debt, this Security Instrument and any related documents. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity. whether or not expressly set forth. The acceptance by Lender of any ,sum in payment Dr partial payment on the Secured Debt after the balance is due or is accelerated Dr after foreclosure proceediogs are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to laler consider the event a default if il continues or bappens again. ~83_0f6J Cl 1 194 B."hr. S~ilru.lnc... 51. Cloud. MN {1-8QO.397'234H F..,mAE-MTG-PA '2119194 .sqOg1489 tflGE 4:;90 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as provided in the tenos of the Secured Debt. Mongagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (I) Environmental Law means. without limitation, the Comprehensive Enviromnental Response, Compensation and liability Act (CERCLA, 42 U.S.C. 9601 et seq,), and all other federal. state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous subStaDCe; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutam or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safely, welfare or environment. The term includes. without limilation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. B. Except as previotlsly disdosed and acknowledged in writing to Lender, Mortgagor and every tenant have been. are. and shall remain in full compliance with any applicable Environmental Law. C. Mortgagor shall immediately notify Lender if a release or !hreatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event. Mongagor shall take all necessary remedial action in accordance with any Environmental Law. D, Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation. claim. or proceeding relating to the release or !hreatened release of any Hazardous Substance or the violation of any Environmental Law. 18. CONDEMNATION. Mongagor will give Lender prompt notice of any pending or threatened action, by privare or public entities to purchase or take any or all of the Property through condemnation, eminent domain. or any other means. Mortgagor authorizes Lender to intervene in Mongagor's name in any of the above described actions or claims. Mongagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other talcing of all or any part of the Property, Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the tenos of any prior mortgage, deed of trust, security agreement or other lien document, 19. INSURANCE. Mortgagor shall keep Propeny insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Propeny due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender tequires. The insurance carrier providing lhe insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option. obtain coverage to protect Lender's rights in the Propeny according to the tenDS of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall inclnde a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shal1 immediately notify Lender of cancellation or tennination of the insurance. Lender shall have the right to hold lhe policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiwns and renewal notices. Upon loss. Mongagor shall give immediare notice to rhe insurance carrier and Lender. Lender may make proof of loss if not made immediately by Mongagor. iBaod4S,9f11~~ ~ ~40fG} o 11i94 SoIt"lker.. SYltlern... Inc., St. Cloud, MN 11+800.397-23.11 Form f\E.MTG-PA 12" 9/94 Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of !be Property or to the Secured Delft, whether or not then due. at Lender's option, Any application of proceeds to principal shall nol extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid tQ the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to Ibe Property before Ibe acquisition shall pass 10 Lender to Ibe extent of the Secured Debt immediately before Ibe acquisition. 20. ESCROW FOR TAXES AND INSURANCE. Unless olberwise provided in a separate agreement, Mortgagor will nOt be required to pay to Lender funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on Ibe Property. 22. JOINT AND INDIVIDUAL UABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be persooaIly liable on Ibe Secured Debt. If this Security Insrnunent secures a guaranty between Lender and Mortgagor. Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Lender and any party tQ this Security InsrnuneDl may extend, modify or make any change in the terms of this Security InsrnuneDl or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security Insrnunent. The duties and benefits of this Security Instrument shall bind and benefil the successors and assigns of Mortgagor and Lender. 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Security Insuument is complete and fully integrated. This Security InstrumeDl may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debl thai conflicts wilb applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreemen!. If any section of this Security Instrument cannot be enforced according to its terms. that section will be severed and will not affect the enforceability of the remaioder of this Security Instrument. Whenever used, the singular shall include Ibe plural and the plural the singular. The captions and headings of Ibe sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Insuument. 24. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by inailing it by first class mail to the appropriate party's address on page I of this Security Instrument, or to allY other address designated in writing. Notice to one mongagor will be deemed to be notice to all mortgagors, 25. WAIVERS. Except to the exlent prohibited by law. Mortgagor waives any right to appraisemeDl relating to the Property. i BllOid.489 filGt .k592 "19$. 8ri..r. Sy~emtl. Inc.. St. C~d, MN 11.800-397-23411 form FlE.MTO-PA 12/19194 _/~.50f51 I ~ 26. OTHER TERMS. If checked. the following are applicable to this Security Instroment: o LIne nf Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero baIance. this Security Instrument will remain in effect until released. D Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement ou the Propeny. D Fixture Fillng. Mongagor grantS to Lender a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to the Propeny. This Security Instrument suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for putpOses of Article 9 of the Unifonn Commercial Code. D Purchase Money. This Security Instrument secures advances by Lender used in whole or in part to acquire the I'ropeny. Accordingly. this Security Instrument. and the lien hereunder. is and sball be construed as a purchase money mongage with all of the rights. priorities and benefits thereof under the laws of the Commonweahb of Pennsylvania. D NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. D Riders. The covenants and agreements of each of the riders cbecked below are incotpOrated into and supplement and amend the terms of this Security Instrument. [Check all applicable boxes] D Condominium Rider 0 Planned Unit Development Rider 0 Other ................................................... o Additional Terms. SIGNATIJRES: By signing below. Mongagor. intending to be legally bound hereby, agrees to the terms and coveuants contained in this Security Instrument and in any attachments. Mongagor also acknowledges receipt of a copy of this Security Instrument on the date stated on page I. ..:'=..,.~..~~/::tf..~~ ~~Mm Shawn W Gilmore ~.~ \ :.~.......................... ............................................................................ (5ignamre) (Dale) ............................................................................ (Wi"",ss) ACKNO~g~=~ALTH OF ...~~!:.~~r.~~~!:.~.'?:............. COUNTY OF .c.m:\~~.l"P.<N.~....-::;.,;:;;......} 5S. ",,",_, On this. the ......J.;'.!;n........ day of .......9.QARJ?};:.~..J.~~i!............... before me .~~!Y..!.-.,.~:t.~....., th de. d ffi nail d Shown W Gilmore eun rstgne 0 cer. perso yappeare .......................................................................................... ........................................................................................., known to me (or satisliu:torily proven) to be the pe"rson(s) whose. name(s) is subscribed to the within instrument. and acknowledged that he/she executed the same for Ibe P~iI" ~ ,,\!rein contained. . ;l;~'!" ' .if "'~ ID~J~~j.*-P ,...,~.f,. "hereunto set my hand and official seal. ,.."'U;..~/tj,~i" " \ t.\j ":'" 101....'- . .,:(j~~~l;!'O!, ~,' pllexplres: , .iiA~:~l~fif~,~:oo ...........................................................~........................ ',41."'.;~~. 'moor, Pennsytvanla Association 01 Notarlet Tirk oJ om", It is he~~lfi,~rtified that the address of the Lender within named is: ...C:~~~~.?:::::..:?~~~.Z:.~~~~~.~.~~~~...................... . .~~.~~.. ~~.:~~~.~. ~:~~~. .~~~~.~ ..~~~:...~~~. .~.~~:. .~.:~~::.~.~~... ~.:?~~...................................... .., ......... .................... ............................................................................ "__"Ii '. 4 aq - ;:'- ,r i!!h,'1 ,DU\J,,',L ..01.....: (21Gb:. ~"a 01994 8ri~,. $)I.rem.. Inc:., St. Cloud, MN 11.800-397'23411 Farm AE.Mta..pA. 12119". Ipage 6 of 6) .' . . EXHIBIT A Leqal Descriotion: ALL THAT CERTAIN PROPERTY SITUATED IN WEST FAIRVIEW BORO COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA BEING MORE FULLY DESCRIBED IN DEED DATED 03/16/98, RECORDED 03/23/98, APPEARING AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORHT ABOVE IN DEED BOOK VOLUME 173, PAGE 1123. Parcel ID: 45-16-1050-117 ..., .... Slale of Pennsylvania 1 86 counlY of Cumberland f 0 d i1.eco:dect ir,lhe c,ffice for lhe recor~~ ee s ~cjij;' anO for \~6QJerland CounlY. Pm . "001,/11, VOI_pag~e f r ~n ::::_,'~v'ha,\d ~n"J' c?of office a.-'9~ l-a",.'c, ~^ .hls ,_ 0 day 0\ - Re"e\g_~' BOOir:t4.89tf^~ 1- ~~ . NOTE ...A~P # 9809100802 ~ # 69-0181873-9 ..........._. RS::~.9.1?~:::. .;.~ ,',. .~.~ .~~.... ........... ~:.. .F:~;i.;:Y.~~~............... . . ........ _.... .I?~n-~~.Y.~ X?:~.~f:i!........... . (Oatel ICily) TStatel ........... _.................. .!?l:;2.. .~.~H..o?t;.~~~.~.... W:.. .~~:L..;-.'!.~~!-: I.. .~~~r::t.~y'";L."Y.~n~?:....:I::. 9,~.~.................................. (Property Addranl I. BORROWER'S PROMISE TO PA Y In return for a loan that I have received, I promise to pay U.S. $..fHI.L~~P.:.9.q...................... (this amount is called "principal"). plus interest, to the order of the Lender. The Lender is ...9~l!'!!.f?-.~~.-:'..C:C?~I!?~!'.~.R!~.c:~~.~~~~y:..?401. .~~~l;-~.~.l;~..J?~.i;'Y.'!. ~':"~.':~. .;.1;.~ :... .c:l!l!1!l?n~~.l;t.'" ?1:.. .t~9]-.~.... ...................................,..................... .................... I undcrstand that the Lender may uansfer this Note. The Lender or anyonc who takes this Note by transfer and wbo is entitled to receive payments under this Notc is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of ......:l:;L.:.E?<?fL.... %. Interest will be charged beginning on ............9.~.t;~~~.:r:..~.E!i.(..~~.!?~.................... The interest rate required by this Section 2 is the rate ] will pay both before and after any default described in Section 6(8) of this Note. 3. PAYMENTS (A) Scheduled Payments I will pay principal and interest by making payments when scheduled: [J.] will make .......~.9.9..................... payments of $..~.?:.9...f!?........................................ each on the ................ .~.l? .~h...................... _....... of each .... .~c?J)..t:-h... ... ................................................... .... .... ....... ............. ....... ...................... .... beginning on ....~<?y~~.~.:r:..?-.?'... ;1:~.~.~...... .......... ....... o I will make paymcnts as follows: o In addition to the payments described above, I will pay a "balloon payment" of $ ................................... on ......................................... . The Note Holder will deliver or mail to me noticc prior to maturity that the balloon payment is due. This notice will state the balloon payment amount and the date that it is due. (B) Maturity Date and Place of Payments 1 will make these payments as scheduled until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My scheduled payments will be applied to interest before principal. If, on .........Rc.:.t;:..9!=?~;:-...~~f...~.<??l.~..................................... [still owe amounts under this Note, [will pay those amounts in full on that date. which is called the "maturity date. .. I will make my scheduled payments at .....q;t;~~.l!..~!=:~.~.....7.~.~.q..?:..~Y:;:-.~~~..~.9...!...r.~~p.~.t..~....~~~.~.:t... ..... ..... ... ........................... ......... ........... ... ... ......... ... ................ ... ...... ..... ...... ...... ..... .... or at a different place if required by the Note Holder. 4. BORROWER'S RIGHT TO PREPAY AND PREPAYMENT PENALTY I have the right to make payments of principal at any time before they arc due. A payment of principal only is known as a "prepayment." When I make a prepa~nt. I will tell the Note Holder in writing that [ am doing so. ~ I will 'iay a prepayment penalty of ... .e:~.~..I1lf?!1~.J:1~....l!.~~?=:~.~.~..~~.. .t:h~. ..ry..~~..y..~p.~~.9-..~9.<!l.ry...~~~~~ .J..~..~.l}.~. .~~~J~e .. ~~~.. R~;L.~.ry..~~. .~.~. .P.?J.9.. ~:j..~.t}An. .~.E? .1!l<?,I;L;t;h~.. .~~9.r:n.. ~h~.. ~~1=.~...91-.. .;.l:~.. ;L.9.~!!...................................... .. ................... ....................... ......... ... ...... ......... ...... ............... ....... ......... ....... if I prepay this Note in full. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If [ make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. S. LOAN CHARGES If a law, which applies to this loan and which scts maximum loan charges, is finally interpreted so that the interest or other loan charges collccted or to be collccted in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reduciD8 the principal I owe under this Note or by making a direct payment to me. If a refund. reduces principal. the reduction will be treated as a partial prepayment. 6. BORROWER'S FAn.URE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holdc.: has not received the full amount of any scheduled payment by the end of ........~.!?........ calendar days after the date it is due. ) will pay a late charge to the Note Holder. The amount of the charge will bc .~.9...~~9.~.. % .. . I will,Pay this latc charge promptly but only once on each late payment. 0 e unpa~ payment or , whJ.chever is greater. (8) Default If I do not pay the full amount of cach scheduled payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me thai if I do not pay the overdue amount by a cenain date. the Note Holder may require me to pay immediately the full amount of principal whicb has not been paid and all the interest that I owe on that amount. That date must be at least 30 days afte.: the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time whcn [ am in default, the Note Holder does not require mc to pay immediately in full as described above. the Note Holder will still have the right to do so if [ am jn default at a later time. (E) Payment of Note HoIder"s Costs and Expenses If the Note Holder has required me to pay inunediately in full as described above, the Note Holder wiJI have the right to be pai.d back by me for all of its costs and expenscs in enforcing this Note to thc extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. MULTIPURPOSE FIXED RATE NOTE (MULT1STATE) lI...,lt... Sy.r....... ,"".. Sr. Cloud. M'" Form OT-MPFR-MNRE 5/28(98 :1.11-J.0) ~(P(Jg.t:l:'2J . ~ . . 7. GIVING OF NOTICES Unless applicable taw requires a different method. any notice lhat must be given to me Wider this Note will be given by delivering it or by Inailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any tlOtice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(8) on page 1 of this Note or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note. each person is fully and personally obligated to keep all of the promises made in this Note. including the promise to pay the full amount owed. Any pC['S()o who is a guarantor', surety or endorser of this Note is also obligated to do these things. Any person who takes ovec rhese obligations. including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforee its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of <tishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. SECURED NOTE to addition to the protections given to the Note Holder under this Note. a Mortgage. Oeed of Trost or Security Peed (the "Security Instrument"), dated the same date as this Note. protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. "!bat Security Instmment describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described: as foUows: Transfer of the Property or a Beneficial Interest in Borrower. If aU or any pan of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent. Lender .Qla.y, at its option, require inunediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federa1law as of the date of this Security Instrument. If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall pJ'ovide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security InsUument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. II. BALLOON PA YMEIIIT DISCLOSURE [Complete the balloon payment notice below if this Note provides for a balloon payment at Section 3(A) on page 1 of this Note.] nus LOAIII IS PAVABLE Il'I FULL ............................................................................................ ............ ............. ........... ...................................................... ............ ............ ...... I MUST REPAY THE EIIITIRE PRIl'ICIPAL BALAIIICE OF THE LOAN A!\ID UlllPAID Il'ITEREST THEN DUE, WIllCH MAY BI!: A LARGE PAYMENT. THE LE!\IDER IS UNDER NO OBLIGATION TO REFIIIlAIIICE THE LOAN AT THAT TIME. I WILL, THEREFORE, BE REQUIRED TO MAKE PA YMEIIIT OUT OF OTHER ASSETS THA T I MAY OWN, OR I Wll.L HAVE TO FIl'ID A LEIIIDER, WHICH MAYBE TIlE LENDER I HAVE THIS LOAIII WITH, wn.LmG TOLEIIID ME THE MOIllEY. IF I REFIIIlANCE THIS LOAIII AT MATURITY, I MAY HAVE TO PAY SOME OR ALL OF THE CLOSmG COSTS NORMALLY ASSOCIATED WITH A !\IEW LOAIII EVEN IF I OBTAm REFI!\lAIIICIl'lG FROM THE SAME LEIIIDER. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ~,0~~,....,.............,......(Seal) Shawn W Gilmore -EkmCl....r ............,..............,...,.......................,..,..,.......,.................(Seal) .8QnClw.r ,...,.......,.., ...,........,..,. -...,..............,...,...........,......,..".,.,., .(SeaI) -60ffClW.. [Sign Original Only] S..,t... SV...m.. In.... Sf. Cloud. MN Fa.... GT-NlPFA-MNRE 5/28/96 Ip_gtfl 2 0' 2J ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE March 22, 2005 SHAWN W. GILMORE 512 3RD STREET WEST F AIRVIEW ENOLA, PA 17025 SHAWN W, GILMORE 424 BURGNERS ROAD CARLISLE, PA 17013-7703 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY, This is an official notice that the mortgage on your home is in default and the lender intends to foreclose, Specific information about the nature ofthe default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM IHEMAP) may be able to help to save your home. This Notice explains how the program works, To see ifHEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet the Counseling Agencv, The name. address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If vou have any Questions. vou may call the Pennsvlvania Housing Finance Agencv toll free at 1-800- 342-2397, (Persons with impaired hearing can call (717) 780-18691. This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer, LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANClA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA, IS NO COMPRENDE EL CONTENIDO DE EST A NOTIFICACION OBTENGA UNA TRADUCCION INMEDlT AMENTE LLAMANDO EST A AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDlMIR SU HIPOTECA, , . STATEMENTS OF POLICY HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER CURRENT LENDERlSERVICER: SHAWN W. GILMORE 512 3RD STREET, W. FAIRVIEW, PA 17025 6901818739 GREEN TREE CONSUMER DISCOUNT COMPANY GREEN TREE CONSUMER DISCOUNT COMPANY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE, . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on you mortgage for thirty (30) days from the date of this Notice, During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, THIS MEETING MUST OCCUR WI1RIN THE NEXT (30) DAYS, IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEF AUL T" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -If yOU meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may NOT take action against YOU for thirty (30) days after the date of this meeting, The names. addresses and teleDhone numbers of designated consumer credit counseling agencies for the county in which the orooerty is located are set forth at the end of this Notice, It is only necessary to schedule one face-to-face meeting. Adyise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSIST ANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default), If you haye tried and are unable to resolye this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting, YOU MUST FILE YOUR APPLICATION PROMPTLY, IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. , . AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application, During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above, You will be notified directly by the pennsylvania Housing Agency of its decision on you application. NOTE; IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT If ou bave filed bankru tc ou can still a I for Emer enc Mort a e Assistance HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it UP to date) NATURE OF THE DEFAUL T- The MORTGAGE debt held by the above lender on your property located at: 512 3RD STREET, W, FAIRVIEW, PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 1/16/05 thru 3/16/05 in the amount of$755.69 per month. Monthly Payments Plus Late Charges Accrued: (Suspense) TOTAL AMOUNT TO CURE DEF AUL T $2,789.99 ($0.00) $2,789.99 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use ifnot applicable): N/A HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER. WHICH IS $2,789.99 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Pavment must be made either bv casbier's cbeck. certified check or monev order made payable and sent to: GREEN TREE CONSUMER DISCOUNT COMPANY, 7360 SO, KYRENE, TEMPE, AZ 85283, ATTENTION: Christy Phillips. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter, (Do not use if not applicable) N/ A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riehts to accelerate the morteaee debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose tbe chance to pay tbe mortgage in monthly installments, If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon your mortllal!e prooerty. ~. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00, However, ifIegal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50,00, Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs, Ifvou cure the default within the THIRTY (30) DAY period. vou will not be required to pav attorney's fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and orevent the sale at anv time UP to one hour before the Sheriff's Sale, You mav do so bv paving the total amount then past due. plus anv late or other charges then due. reasonable attornev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as specified in writing bv the lender and hv performing anv other requirements under the mortgage, Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted, EARLIEST POSSIBLE SHERIFF'S SALE DA TE- It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice, A notice of the actual date of the Sheriff's Sale will be sent to you before the sale, Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER- GREEN TREE CONSUMER DISCOUNT COMPANY 7360 S, KYRENE RD, TEMPE, AZ 85283 TEL NO, (888) 315-8733 x 35304 ATTENTION: Christy Phillips EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You _ mayor XX may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale that the other requirements of the mortgage are satisfied, ." YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT, . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEF AUL T (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED, v~erY truly yours, i ~.,.G. 6- AT' EI::;JEr"" . ..- . . NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ************************************************************************ 1. This is an attempt to collect a debt and any information obtained will be used for the purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within thirty (30) days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. 4. If you notify our offices in writing within thirty (30) days of receipt of this notice, our offices will provide you with the name and address of the original creditor, if different from the current creditor. ... . . Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-'518 eees of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 800-342-2397 CUMBERLAND COUNTY Effective 2/9/2005 at 10:05:11 AM .... . v VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa,C.S, Section 4904, relating to unsworn falsification to authorities. //) Jd1,-~ / ~ernandez ~ Foreclosure Manager ~ ~ 8 A) '0 ~ 1i il 9v ~ ....... r- V( w ~ -v "" c:_~::> 0 ....0 r:- f":.:_'~ ---t: (;,....... -'"I -..... ;::': :;:J '6' ~ -~ {-t~]J ,'. ", - (~~ ,,-<""- , - 9 " -,'- c, SHERIFF'S RETURN - REGULAR CASE NO: 2005-02423 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS GILMORE SHAWN W KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon GILMORE SHAWN W the DEFENDANT , at 0017:57 HOURS, on the 25th day of May , 2005 at 424 BURGNERS ROAD CARLISLE, PA 17013 by handing to SHAWN GILMORE a true and attested copy of NOTICE together with COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.88 .00 10.00 .00 36.88 r~l'~~~ R. Thomas Kline OS/27/2005 GREGORY JAVARDIAN Sworn and Subscribed to before By: me this ~~ day of -.etA'" ,),JJOS A.D. (~~ Q, lH 1/0,,-, ~ rothonotary , - LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN. ESQUIRE IDENTIFICATION NO, 55669 1310 INDUSTRIAL BOULEV ARD 1ST FLOOR. SUITE 101 SOUTHAMPTON. PA 18966 (215) 942-9690 GREEN TREE CONsUMER DISCOUNT COURT OF COMMON PLEAS COMPANY 7360 SOUTH KYRENE ROAD CUMBERLAND COUNTY TEMPE, AZ 85283 No.: 05-2423 CV vs, SHAWN W, GILMORE 424 BURGNERS ROAD CARLISLE, P A 17013 PRAECWEFORJUDGMENTFORFA~URETO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SHAWN W. GILMORE. 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 4/26/05 to 07/05/05 $82,489.09 1,509.90 $83,998,99 TOTAL I hereby certify that (I) 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, GREGOR)'.vA V A IAN. ESQUIRE AttomeyMPlainti f Damages are hereby assessed as indicated. DATE: -}JJ .If. Q.oo5' &~~.~ PRO PROTHY R",U GREEN TREE CONSUMER DISCOUNT COMPANY In The Court of Common Pleas Plaintiff Cumberland County v. SHA WN W. GILMORE Defendants No, 2005-2423 Cy TO: SHAWN W, GILMORE 424 BURGNERS ROAD CARLISLE, PA 17013 DATE OF NOTICE: JUNE 16, 2005 NOTICE, RULE 237,1 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attomey and file in writing with the court your defenses or objections to the claims se fort)1 against you, Unless you act within ten (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Cumberland County Bar Association Lawyer Reference Service 32 S, Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 egory Javardian, Esquire 1310 Industrial Boulevard I" Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 Attomey for Plaintiff Usted se encuentra en estado de rebeldia por nO haber tomado la accion requiida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de esta notificacion, el tribunal podra, sin necesidad de compararecer usted en corte 0 escLlchar prueba alguna, dictar sentencia en su contra, usted puede perder bienes Y otros derechos importantes, Debe llevar esta notificacion a un abogado immediatemente si usted no tiene abogado, 0 si no tiene dinero suficiente para tal servicio, vaya en persona 0 llame pOl' telpfono a la oficina, cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legaL "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" LAW OFFICES OF GREGORY JA V ARDlAN By: GREGORY JA V ARDlAN, ESQUIRE IDENTIFICATION NO, 55669 1310 INDUSTRIAL BOULEV ARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 GREEN TREE CONSUMER DISCOUNT COURT OF COMMON PLEAS COMPANY CUMBERLAND COUNTY vs, No,; 05-2423 CV SHAWN W. GILMORE VERIFICATION OF NON-MILITARY SERVICE GREGORY JA V ARDIAN, 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) Defendant(s), SHAWN W. GILMORE, 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) Defendant, SHAWN W. GILMORE, is over 18 years of age, and resides at 424 BURGNERS ROAD, CARUSLE, PA 17013, (c) Plaintiff, GREEN TREE CONSUMER DISCOUNT COMPANY, is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 7360 SOUTH KYRENE ROAD, TEMPE, AZ 85283. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. fl .1t ~ ~ ~ \.N ~ ).J " -J ...j - rJ ---- ~ -0 ~ ~ c: " ~ ,Q :J n ~ ~':lr'-':, rr1;' . :- ('.. ;::' . "'-.) ._~' :.. "-,I ~ ~.L ::,:::: ?~[:~, :2 -~ -< '" <= <= <On <- c: r- I --.J ~ :r! m::!J r- -om (~'? --/e> "r-Y 0::3 Z(J cSrri --< 2':' .n -< ~ ::x - .. U1 Cl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT COURT OF COMMON PLEAS COMPANY CUMBERLAND COUNTY vs. No.: 05-2423 CV SHAWN W. GILMORE PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due $83,998.99 Interest from 07/05/05 to Date of Sale @ $13.80 per diem Subtotal (Costs to be added) $ $ GREGO Atto y Plain' I.D. # 669 1310 Industrial Boulevard 1st Floor, Suite 101 Southampton, P A 18966 (215) 942-9690 ALL THAT CERTAIN lot or piece ofland situate in East Pennsboro Township, formerly the Borough of West Fairview, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey and plan thereof made by Gemt J. Betz, Registered Surveyor, dated January 6,1975, as follows: BEGINNING at a point on the western side of Third Street, said point being one hundred thirteen and twenty-two hundredths (113.22') feet North of the northwest corner of Locust Street and Third Street; thence along land now of formerly of Paul V. Portzline, known as number 510 Third Street, South seventy-seven degrees forty-five minutes West (S 77045' W) one hundred five (105') feet (one hundred eight (108') feet in prior deeds) to a point on the eastern side of Chestnut Street; thence along same North twelve degrees fifteen minutes West (N 120 15' W) thirty-four (34') feet to a point; thence along land now or formerly of Sevilla S. Arnette, known as number 514 Third Street, North seventy-seven degrees forty-five minutes East (N 77045' E) one hundred five (105') feet (one hundred eight (108') feet in prior deeds) to a point on the western side of Third Street; thence along same South twelve degrees fifteen minutes East (S 120 15' E) thirty-four (34') feet to a point the place of beginning. HAVING thereon erected a two (2) story frame dwelling currently known and numbered as number 512 1bird Street. BEING THE SAME PREMISES which Billie A. Gilmore, single woman, by Deed dated March 16, 1998 and recorded March 23,1998 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 173, Page 1123, granted and conveyed unto Shawn W. Gilmore, single man. TAX PARCEL #45-16-1050-117. r::J t r t;J8 -6c,. ~ \.Y -r" \l ('~ - ~0~ ~ ~- . ~ ~ - ~, 'fi~ ~\> ~ ~ r "\?, - ~ ~ ~ ~ f'- \~ V( r " =t-- " ~ -:-" lJ cA ---J:- , 01:'\ t \~ o rc; r;.;':; ZA (f) C:'~ "', , .- :~'~~~ -:... r:::' en N ------ GREEN TREE CONSUMER DISCOUNT COMPANY COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. No.: 05-2423 CV SHAWN W. GILMORE AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 512 3RD STREET. W. FAlRVIEW BOROUGH. ENOLA. 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) SHAWN W. GILMORE 424 BURGNERS ROAD CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: SHAWN W. GILMORE 424 BURGNERS ROAD CARLISLE, P A 17013 3. Name and last \al.own address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) East Pennsboro Township 98 South Enola Drive Enola, P A 17025 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) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau I Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, P A 17105-2675 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) Tenants/Occupants 512 3RD STREET W. FAIRVIEW BOROUGH ENOLA, P A 17025 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. August 26, 2005 GREGORY J V Attorne~ Plai ti 0 ...., 0 C;::) c: c.::, ., c.n C,'"") ...., :r:: , 1>1 --u ,. ~ '. en ,- t".J LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO, 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 GREEN TREE CONSUMER DISCOUNT COURT OF COMMON PLEAS COMPANY CUMBERLAND COUNTY vs. No.: 05-2423 CV SHAWN W. GILMORE CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certify that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certifY this Property is: () FHA () Tenant Occupied () Vacant () Commercial () As a result of Complaint in Assumpsit (X) Act 91 complied with o ~,.:: r-> (:'"'::;'.) c...-:) Cf' ~:?; I. -;,) ~ :t-r\ fl1E ~,~~;,,~~) C:? U1 I'" '..~~(j '''';,If, .:::., ._~~ '~ :< LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICA nON NO. 55669 13tO INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (2] 5) 942-9690 GREEN TREE CONSUMER DISCOUNT COMPANY COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. No.: 05-2423 CV SHAWN W. GILMORE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SHAWNW.GILMORE 424 BURGNERS ROAD CARLISLE, PA 17013 Your house (real estate) at 512 3RD STREET. W. FAlRVIEW BOROUGH. ENOLA. PA 17025, is scheduled to be sold at Sheriff's Sale on DECEMBER 7. 2005 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, P A 17013, to enforce the court judgment of $83,998.99, obtained by GREEN TREE CONSUMER DISCOUNT COMPANY, against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. 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) 942-9690. 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) 942-9690. 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 ifthis has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 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. 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. 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 32 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot or piece ofland situate in East Pennsboro Township, formerly the Borough of West Fairview, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey and plan thereof made by Gerrit J. Betz, Registered Surveyor, dated January 6, 1975, as follows: BEGINNING at a point on the western side of Third Street, said point being one hundred thirteen and twenty-two hundredths (113.22') feet North of the northwest comer of Locust Street and Third Street; thence along land now of formerly of Paul V. Portzline, known as number 510 Third Street, South seventy-seven degrees forty-five minutes West (S 77045' W) one hundred five (105') feet (one hundred eight (108') feet in prior deeds) to a point on the eastern side of Chestnut Street; thence along same North twelve degrees fifteen minutes West (N ]20 15' W) thirty-four (34') feet to a point; thence along land now or formerly of Sevilla S. Arnette, known as number 514 Third Street, North seventy-seven degrees forty-five minutes East (N 770 45' E) one hundred five (105') feet (one hundred eight (108') feet in prior deeds) to a point on the western side of Third Street; thence along same South twelve degrees fifteen minutes East (S 120 15' E) thirty-four (34') feet to a point the place of beginning. HAVING thereon erected a two (2) story frame dwelling currently known and numbered as number 512 Third Street. BEING THE SAME PREMISES which Billie A. Gilmore, single woman, by Deed dated March 16, 1998 and recorded March 23, 1998 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 173, Page 1123, granted and conveyed unto Shawn W. Gilmore, single man. TAX PARCEL #45-16-1050-117. o ,~ ~ ....., '".~) (;:.:::> eXl -,,- co ,~? l"l"\ -'U o -n ...-\ .,... j-';i7] ;-'n \.'J - U1 l'C' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-2423 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GREEN TREE CONS. DISC. CO. Plaintiff(s) From SHAWN W. GILMORE, 424 BURGNERS ROAD, CARLISLE P A 17013. (I) You are directed to levy upon the property of the defendant(s)and to sell REAL ESTATE LOCATED AT 512 THIRD ST., WEST FAIRVIEW PA 17025 (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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $83,998.99 LL $.50 Interest FROM 7/5/05 TO DATE OF SALE @ $13.80 PER DIEM Atty's Corum % Due Prothy $1.00 Ally Paid $118.88 Plaintiff Paid Other Costs Date: SEPTEMBER 1, 2005 CURTIS R. LONG Prothonotary (Seal) By: REQUESTING PARTY: Name GREGORY JA V ARDIAN, ESQ. Address: 1010 INDUSTRIAL BLVD 1ST FLOOR, STE.I0l SOUTHAMPTON PA 18966 Attorney for: PLAINTIFF Telephone: (215) 942-9690 Supreme Court ID No, 55669 ~ LAW OFFICES OF GREGORY JA V ARDlAN By: GREGORY JA V ARDlAN, ESQUIRE IDENTIFICATION NO, 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 GREEN TREE CONSUMER DISCOUNT COURT OF COMMON PLEAS COMPANY CUMBERLAND COUNTY vs. No.: 05-2423 CV SHAWN W. GILMORE AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 I hereby certify that I have sent copies of the Notice of Sheriff Sale to the Defendants' certified and regular United States mail and all lien holders or judgment creditors of record as required by Pa.R.C.P. by first class United States mail, postage prepaid, on the date set forth below. (See attached Exhibit "A"). Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 Cumberland County Tax Claim Bureau I Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 Tenants/Occupants 512 3RD STREET W. FAIRVIEW BOROUGH ENOLA, P A 17025 . * ~ SHAWN W. GILMORE 424 BURGNERS ROAD CARLISLE, PA 17013 PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building ~ Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 East Pennsboro Township 98 South Enola Drive Enola, P A 17025 Dated: 1/to{o{ - N, ESQUIRE , . " ::r LI1 LI1 .... C ::r ..JI c II"' ::r oCI II"' .... C II"' I'TI C ..JI .... I'- ~~'" OO~ ::;:~g d"'~ C1~'-: .~~ ~C1;:j Z~'" ~~~ :I:~U "'..,. ~ E-< '" fj' o .E '60 Ui U Z w a: w II. w a: .,. a: w Q Z w rn ~ I'- ::r LI1 .... G c ::r ;> ..JI 0 C ~ '" II"' ~E-<o~ oS a~~o ~ ii ""~~!:; Cl. ] II"' ~ CE-<r:l.-: E-<. '60 .... OIZl>~ Ui C ~~~j II"' U I'TI a: z c<:l('<')~O w c 5~ .z w a: ..JI E-<",~~ .... Q w I'- ~ Z II. 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Co () () 0 w EI I .!U ~ . l--l 00 en I I': ~ I I p., ~ o...::r:, rLI 0\ ri1 'I I~ ~-----r-I--T~ +---L------t-- --~- . ~~t.~ i I I 1;;:0 N I ' '52 '0 i I I ....a.. , I Gl_ Q) I~~ g> i:i~ ~ I ,- I~ ~ ~ c~--- ~ I m I 2 1m 1:J il ~ 1_ Qi r-: I e~ Si . . 11100 M l:i~ E 11ii] ~ 0.12 (/) il-...J ll.. c . "- c o "- ;;; .. " .' 0 >< .5 v1 i I I 1 I~ 1 I ,!N M ..t IcO I I. !u:l ,co August 26, 2005 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S): SHAWN W. GILMORE PLAINTIFF/SELLER: GREEN TREE CONSUMER DISCOUNT COMPANY DEFENDANT(S): PROPERTY: SHAWN W. GILMORE 512 3RD STREET W. F AIRVIEW BOROUGH, ENOLA, P A 17025 CUMBERLAND C.C.P. NO. 05-2423 CV The above captioned property is scheduled to be sold at Sheriff's Sale on DECEMBER 7. 2005 at 10:00 A.M.. in the Cumberland County Courthouse, I Courthouse Square, Carlisle, P A 17013. You may hold ajudgment on the property, which may be extinguished by the sale. You may wish to attend the Sheriff's Sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. ~incerelY, L/Jw (lGre?::f; an, Esquire Law Offices of Gregory Javardian 1310 Industrial Boulevard I st Floor, Suite 10 I Southampton, P A 18966 (215) 942-9690 o co:,; .-> ('"~:?, 'z:f'l -. ~?. \ -' t,c, ( ~. '?) ~ -::(--!:' ?nr-~ -,~\)<, -~) ....... ,~) () ,,- '., ~--;-, ",-:_) >-:_~, (f\\ (~ ~ -0 ::r; '-" " -- - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert p, Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Green Tree C D C is the grantee the same having been sold to said grantee on the 7th day ofDec A.D., 2005, under and by virtue of a writ Execution issued on the ill day of Sept, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 2423, at the suit of Green Tree C D C against Shawn W Gilmore is duly recorded in Sheriff's Deed Book No. 272, Page 3165. IN TESTIMONY WHEREOF, I have herelmto set my hand 4 seal of said office this J day of ,I ! ,A.D, Recorder of Deeds ~ ~~=~.::-ml .lota Green Tree Consumer Discount Company VS Shawn W. Gilmore The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-2423 Civil Term Cpl. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 12,2005 at 8:40 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Shawn W. Gilmore, by making known unto Shawn W. Gilmore, personally, at 424 Burgners Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 12,2005 at 5:27 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Shawn W. Gilmore located at 512 3rd Street, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice ofthe pendency of the action to the within named defendant, to wit: Shawn W, Gilmore, by regular mail to his last known address of 424 Burgners Road, Carlisle, P A 17013. This letter was mailed under the date of October 06, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 7, 2005 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Gregory Javardian for Green Tree Consumer Discount Company. It being the highest bid and best price received for the same, Green Tree Consumer Discount Company of 7360 Kyrene Road, Tempe, AZ 85283, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $979.00, Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail $30.00 19.20 15.00 15.00 30.00 10.00 .50 1.00 20.16 4.65 Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 15.00 20.00 .74 395.00 317.36 20.89 25.00 39,50 $ 979.00 Sworn and subscribed to before me 2006, A.D. S,o.An~rs: ~1!, r~~ ,f,~...-c R. Thomas Kline, Sheriff BY JO~ j1~^\ Real Esta Sergeant ()p~ JD(/ll ),S1l 4..5J.3(,,~ Ru-11319~ GREEN TREE CONSUMER DISCOUNT COMPANY COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. No.: 05-2423 CV SHAWN W. GILMORE AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 512 3RD STREET. W. FAlRVIEW BOROUGH. ENOLA. PA 17025: I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHAWN W. GILMORE 424 BURGNERS ROAD CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: SHAWN W. GILMORE 424 BURGNERS ROAD CARLISLE, P A 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) East Pennsboro Township 98 South Enola Drive Enola, P A 17025 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address carmot be reasonably ascertained, please indicate) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address carmot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address carmot be reasonably ascertained, please indicate) Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau I Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 7. Naine 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) Tenants/Occupants 512 3RD STREET W. F AIRVIEW BOROUGH ENOLA, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. August 26, 2005 GREGORY J V Attorne[!o/Plai ti LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICA nON NO. 55669 13 I 0 INDUSTRJAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 GREEN TREE CONSUMER DISCOUNT COMPANY COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. No.: 05-2423 CV SHAWN W. GILMORE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SHAWN W. GILMORE 424 BURGNERS ROAD CARLISLE, P A 17013 Your house (real estate) at 512 3RD STREET. W. FAIRVIEW BOROUGH. ENOLA. PA 17025, is scheduled to be sold at Sheriff's Sale on DECEMBER 7. 2005 at 10:00 A.M., in the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $83,998.99, obtained by GREEN TREE CONSUMER DISCOUNT COMPANY, against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 942-9690. 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. I. 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) 942-9690. 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 ifthis has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 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. 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. 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 TillS 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 32 S. BEDFORD STREET CARLISLE, P A 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THA T CERTAIN lot or piece of land situate in East Pennsboro Township, formerly the Borough of West Fairview, Cwnberland County, Pennsylvania, more particularly bounded and described in accordance with a survey and plan thereof made by Gerrit J. Betz, Registered Surveyor, dated January 6, 1975, as follows: BEGINNING at a point on the western side of Third Street, said point being one hundred thirteen and twenty-two hundredths (113.22') feet North of the northwest corner of Locust Street and Third Street; thence along land now of formerly of Paul V. Portzline, known as nwnber 510 Third Street, South seventy-seven degrees forty-five minutes West (S 770 45' W) one hundred five (105') feet (one hundred eight (108') feet in prior deeds) to a point on the eastern side of Chestnut Street; thence along same North twelve degrees fifteen minutes West (N 120 15' W) thirty-four (34') feet to a point; thence along land now or formerly of Sevilla S. Arnette, known as nwnber 514 Third Street, North seventy-seven degrees forty-five minutes East (N 770 45' E) one hundred five (105') feet (one hundred eight (108') feet in prior deeds) to a point on the western side of Third Street; thence along same South twelve degrees fifteen minutes East (S 120 15' E) thirty-four (34') feet to a point the place of beginning. HAVING thereon erected a two (2) story frame dwelling currently known and nwnbered as nwnber 512 Third Street. BEING THE SAME PREMISES which Billie A. Gilmore, single woman, by Deed dated March 16, 1998 and recorded March 23, 1998 in the Office of the Recorder of Deeds in and for Cwnberland County in Deed Book 173, Page 1123, granted and conveyed unto Shawn W. Gilmore, single man. TAX PARCEL #45-16-1050-117. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-2423 Civil CIVIL ACTION ~ LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GREEN TREE CONS. DISC. CO. Plaintiff(s) From SHAWN W. GILMORE, 424 BURGNERS ROAD, CARLISLE P A 17013. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 512 THIRD ST., WEST FAIRVIEW PA 17025 (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 npon 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 Dne $83,998.99 L.L. $.50 Interest FROM 7/5/05 TO DATE OF SALE @ $13.80 PER DIEM Atty's Cornrn % Due Prothy $1.00 Other Costs Atty Paid $118.88 Plaintiff Paid Date: SEPTEMBER 1, 2005 CURTIS R. LONG (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name GREGORY JA V ARDIAN, ESQ. Address: 1010 INDUSTRIAL BLVD 1 ST FLOOR, STE. 101 SOUTHAMPTON PA 18966 Attorney for: PLAINTIFF Telephone: (215) 942-9690 Supreme Court ID No. 55669 (!;) c::;r;) CV1 .:::::: G=F (fV\I Real Estate Sale #33 On September 07, 2005 the Sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, P A Known and numbered as 512 3rd Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 07,2005 By: Jt(:.l~1 ()~H\ Real Estate Sergeant Li] :~ ;~ 1- ,:; . . " THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Cornrnonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Cornrnonwealth 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 in the 25th day(s) of October and the 1st and 8th day(s) of November 2005. 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 tlllS 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 ore me this 23rd day of November 2005 A.D. NOTARIAl. SEAl Terry L. Russell. Notary Public City of Horrisburg, Dauphin County My CommisslOn Expir June 6. 2006 ~bQr Pelll'~ylvJnjaA .oclalion, aries /J;'/Z/ . >/~~./ NOTARY PUBLIC My commission expires June 6. 2006 Sworn to and s CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 REAL ESTATE SALE No. 33 Writ No. 2006-2423 CIvtITerm G....Trw ~8Umer DI8CCIUnt Company v. --........ AIIr: ao...., J..._.... DlEK..11Ull AI..L 11lAT CBRTAll'i lot or piece of lal silnate m East Pennsboro rownsbip, fonnerly lbo Borough of West Fajfflew. Cumberland Colmty, Pennsylvania, m~warly bounded and described in accordance with II survey and plan thereof made by Gerrit J. BelZ, Registered Surveyor, dated January 6, 1975,llS follows: BEGINNING at II point on !be western side of 1bin\ ~ said point being one hundred thi11een and twenty two hundredths (113.22') feet North of tile oorthwest COOlel' of Locust Street and Third Street; lbence along land now or formerly of Paul v. Portz1ine, known as nwnber S 10 Third Street, South seventy seven degrees forty five minutes West (5 77 degrees 45 minutes W) one hundred fiv, (105') feet (one _ eight [108'] feet in prior deeds) to a point on the eastern side of Chestnut Slreet; thence along same North twelve degree.. fifteio mino... West (N 12 degrees 15 minutes W) thiny four (34') feet 10 a poin~ theoce along land now or formedy of Sevilla s. Amette, known ~nwnber 5141bird Street, North seventy seven degrees Cony five minutes East (N 77 degrees 45 minutes E) one hundred five (105') feet (one _ cighl [108') feet m prior deeds) 10 a point on the western ~de of Third Street; thence along same South twelve degrees fifteen minutes East (S 12 degrees 15 minutes E) thiny four (34') feet '" a point 1bep\ate olBEGINNlNG. HAVING thereon <>rect<A1 a two (2) .01)' fnune dwelling cwrendy known and numbered as o"""",5121bin\S_ BEING TIlE SAME po:mises which BiIIi, A. Gilmme, siogle ""man, by Deed dated Marth 16, 1998 and recorded March 23, 1998 in the Office of the Recorder of Deeds in and for Cumberland County m DeedBook 173, Page 1123, pled and cooveyed unto Shavro: W. Gilmore. single man. TAXPARCFU45-li-ll\5(}.tl1. 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, V1Z: October 14, 21, 28, 2005 Affiant further deposes that he is authorized to verify this statement by the Cwnberland 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. (/t~O itor SWORN TO AND SUBSCRIBED before me this 28 day of October. 2005 ~~~~~. .&~/ r 'JOT i\RL".L SE" L 'I I ()I'';; E '~~)\IYflF'-~ Nni3fi/' ;.loI< . . ~ ,.. -' '.' ,. - , ", . ~ C.Jr!isl~l 8:)r'j. C(irr'th"r!~1'1i] 1::';'J':i\:. .1 \:~': Cc~;:r;"i!~siC)" E'I,ilL1.:", i\.~:1~',:~1 S, dillY. " .,_~,,_,,_,.~,'-~"-_.'" ,",''''',~ REAL ESTATE SALE NO. 33 Writ No. 2005-2423 Civil Green Tree Consumer Discount Company vs, Shawn W. Gilmore Atty.: Gregory Javardian ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, formerly the Borough of West Fairv1ew, Cumberland County, Pennsylvania. more particularly bounded and described in accor- dance with a survey and plan thereof made by Genii J. Betz, Registered Surveyor, dated January 6. 1975, as follows: BEGINNING at a point on the western side of Third Street, said point being one hundred thirteen and twenty~two hundredths (113.22'} feet North of the northwest corner of Locust Street and Third Street; thence along land now of formerly of Paul V. Portz!lne, known as num- ber 510 Third Street. South seventy- seven degrees forty-five minutes West (S 770 45' W) one hundred five (105') feet [one hundred eight {l08') feet in prior deeds) to a point on the eastern side of Chestnut Street: thence along same North twelve degrees fifteen minutes West (N 120 15' W) thirty-four (34') feet to a point; thence along land now or formerly of Sevilla S. Arnette, known as num- ber 514 Third Street, North seventy- seven degrees forty-five minutes East (N 770 45' EJ one hundred five {l05'} feet (one hundred eight (lOB') feet in prior deeds) to a point on the western side of Third Street: thence along same South twelve degrees fifteen minutes East (S 120 15' El thirty-four (34') feet to a point the place of beginning. HAVING thereon erected a two (2) story frame dwelling currently known and numbered as number 512 Third Street. BEING THE SAME PREMISES which Billie A. Gilmore, single woman, by Deed dated March 16, 1998 and recorded March 23, 1998 in the Office of the Recorder of Deeds in and for Cumberland County In Deed Book 173. Page 1123. granted and conveyed unto Shawn W. Gil- more. stngIe maIl. TAX PARCEL #45-16-1050-117,