Loading...
HomeMy WebLinkAbout05-5956PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff v. TOMAS F. GAMBOA DEBRA D. GAMBOA 56 WOODMYRE LANE ENOLA, PA 17025-7025 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. oS CUMBERLAND COUNTY CIVIL ACTION - LAW 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 defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the courtwithout further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 125916 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File N: 125916 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: AMERICA'S SERVICING COMPANY 3476 STATEVIEW BLVD FORT MILL, SC 29715 2, The name(s) and last known address(es) of the Defendant(s) are: TOMAS F. GAMBOA DEBRA D. GAMBOA 56 WOODMYRE LANE ENOLA, PA 17025-702° who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 09/30/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1839, Page: 2857. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File k; 125916 6. The following amounts are due on the mortgage: Principal Balance $95,852.41 Interest 2,708.94 07/01/2005 through 11/15/2005 (Per Diem $19.63) Attorney's Fees 1,250.00 Cumulative Late Charges 102.36 09/30/2003 to 11/15/2005 Cost of Suit and Title Search 550.00 Subtotal $ 100,463.71 Escrow Credit 0.00 Deficit 0.00 Subtotal $'0.00 TOTAL $ 100,46171 9. 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 100,463.7 1, together with interest from 11/15/2005 at the rate of $19.63 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s2ncis S. Hall/ yo- LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #. 125916 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situated in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania more particularly bounded and described as follow, to wit: BEGINNING at a point on the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot 4T-27 and Lot #T-26, said point also being located three hundred six and two hundredths (306.02) feet south of the southern extremity of an are connecting the eastern right-of-way line of Woodmyre Lane and the southern right-of-way line of Westwood Drive; thence by line of Lot #T-27 and passing through the centerline of a partition wall North seventy-six degrees five minutes nineteen seconds East (N 76 degrees 05 minutes 19 seconds E), one hundred forty-six and seventy five hundredths (146.75) feet to a point; thence by line of land now or formerly of Lynn W. Moore South three degrees forty-four minutes seventeen seconds East (S 03 degrees 44 minutes 17 seconds E), two and twenty-four hundredths (2.24) feet to a point; thence by Lot #T-24 South zero degrees thirteen minutes twenty-three seconds East (S 00 degrees 13 minutes 23 seconds E), eighteen and thirty-one hundredths (18.31) feet to a point at the dividing line of Lot #T-25 and Lot #T-26; thence by line of Lot #T-25 and passing through the centerline of a partition wall South seventy-six degrees five minutes nineteen seconds West (S 76 degrees 05 minutes 19 seconds W), one hundred forty-two and two hundredths (142.02) feet to a point on the eastern right-of-way line of Woodmyre Lane; thence by said right-of-way line North thirteen degrees fifty-four minutes forty one seconds West IN 13 degrees 54 minutes 41 seconds W), twenty and zero hundredths (20.00) feet to a point at the dividing line of Lot #T-27 and Lot #T-26, the place of BEGINNING. BEING Lot #T-26 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54. SUBJECT to a 10 foot wide Pedestrian Easement and variable width Drainage and Wetland Easement as shown on the above mentioned subdivision plan. SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan. BEING TRACT NO. 4 OF THE SAME PREMISES which Westwood Hills Associates, LLC, a Pennsylvania limited liability company by deed dated November 11, 2002 and recorded November 13, 2002 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 254, Page 2651, granted and conveyed unto Village Homes At Westwood Glen, Inc., a Pennsylvania Corporation, its successors and assigns. PROPERTY BEING: 56 WOODMYRE LANE File #: 125916 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unworn falsifications to authorities. Francis S. Hallman, Esquire Attorney for Plaintiff DATE: ?l S T 49, P ? a A SHERIFF'S RETURN - REGULAR CASE NO: 2005-05956 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS GAMBOA TOMAS F ET AL LLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GAMBOA TOMAS F the DEFENDANT at 1941:00 HOURS, on the 28th day of November , 2005 at 56 WOODMYRE LANE ENOLA, PA 17025 by handing to DEBRA GAMBOA, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 15.36 Affidavit .00 Surcharge 10.00 .00 43.36 Sworn and Subscribed to before me this L? day of kLt,v? a266 A.D. Prot ary So Answerrss : R. Thomas Kline 1 11/29/2005 PHELAN HALLINAN SCHMIEG By: v? & Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-05956 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS GAMBOA TOMAS F ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GAMBOA DEBRA D the DEFENDANT at 1941:00 HOURS, on the 28th day of November , 2005 at 56 WOODMYRE LANE ENOLA, PA 17025 by handing to DEBRA D GAMBOA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A. D. Prot of ry So Answers R. Thomas Kline 11/29/2005 PHELAN HALLINAN SCHMIEG By: eputy Sheriff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLENA, VA 22102 V. Plaintiff, TOMAS F. GAMBOA DEBRA D. GAMBOA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-5956 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against TOMAS F. GAMBOA and DEBRA D. GAMBOA, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint interest from 11/16/05 to 1/5/06 TOTAL $100,463.71 $1.,001.13 $101,464.84 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQ IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. n - L DATE: ' l PRO ROTH j PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, V. TOMAS F. GAMBOA DEBRA D. GAMBOA Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-5956 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that lie is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant TOMAS F. GAMBOA is over 18 years of age and resides at, 56 WOODMYRE LANE, ENOLA, PA 17025-7025. (c) that defendant DEBRA D. GAMBOA is over 18 years of age, and resides at, 56 WOODMYRE LANE, ENOLA, PA 17025-7025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (915) 563-7000 MORTGAGE ELECTRONIC REGISTRATION : COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff CIVIL DIVISION Vs. : CUMBERLAND COUNTY TOMAS F. GAMBOA :NO. 05-5956 CIVIL TERM DEBRA D. GAMBOA Defendants TO: TOMAS F. GAMBOA 56 WOODMYRE LANE ENOLA, PA 17025-7025 DATE OF NOTICE: DECEMBER 20, 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 M?t1 pp 1 ? ? &'111 ?Q - 1P0-FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 561-7000 MORTGAGE ELECTRONIC REGISTRATION : COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNT 'V TOMAS F. GAMBOA :NO. 05-5956 CIVIL TERM DEBRA D. GAMBOA Defendants TO: DEBRA D. GAMBOA 56 WOODMYRE LANE ENOLA, PA 17025-7025 DATE OF NOTICE: DECEMBER 20, 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A'WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 S4'?'4?2 -1140.41 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff c ? t C -r { tl : _ i" { (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CIVIL DIVISION V. Plaintiff, TOMAS F. GAMBOA DEBRA D. GAMBOA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 05-5956 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 114, 200 i By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." 1 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. TOMAS F. GAMBOA DEBRA D. GAMBOA Defendant(s). No. 05-5956 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 1/5/06 to JUNE 7, 2006 (per diem 416.68) $101,464.84 $2,552.04 and Costs TOTAL $104,016.88 DANIEL G. SCH G, QQLfRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. w? oz? mod' ? w U a ? w z?; o U v? z wz ' wcS P4 ? ? P7 O OQ aF" FA F? ? z a ? U C p Lo o f, C°? c 'c s z 0 F v w? wo L O w a? O c a? U w Y (Q F, ? O w d b w N N O O N V1 N N O O r n as dd 00 wzzw d? as y b d a b y m O a s?? it- ALL THAT CERTAIN lot or tract of land situated in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania more particularly bounded and described as follow, to wit: BEGINNING at a point on the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-27 and Lot #T-26, said point also being located three hundred six and two hundredths (306.02) feet south of the southern extremity of an arc connecting the eastern right-of-way line of Woodmyre Lane and the southern right-of-way line of Westwood Drive; thence by line of Lot #T-27 and passing through the centerline of a partition wall North seventy-six degrees five minutes nineteen seconds East (N 76 degrees 05 minutes 19 seconds E), one hundred forty-six and seventy five hundredths (146.75) feet to a point; thence by line of land now or formerly of Lynn W. Moore South three degrees forty-four minutes seventeen seconds East (S 03 degrees 44 minutes 17 seconds E), two and twenty-four hundredths (2.24) feet to a point; thence by Lot #T-24 South zero degrees thirteen minutes twenty-three seconds East (S 00 degrees 13 minutes 23 seconds E), eighteen and thirty-one hundredths (18.31) feet to a point at the dividing line of Lot #T-25 and Lot #T-26; thence by line of Lot #T-25 and passing through the centerline of a partition wall South seventy-six degrees five minutes nineteen seconds West (S 76 degrees 05 minutes 19 seconds W), one hundred forty-two and two hundredths (142.02) feet to a point on the eastern right-of-way line of Woodmyre Lane; thence by said right-of-way line North thirteen degrees fifty-four minutes forty one seconds West (N 13 degrees 54 minutes 41 seconds W), twenty and zero hundredths (20.00) feet to a point at the dividing line of Lot #T-27 and Lot #T-26, the place of BEGINNING. BEING Lot #T-26 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54. SUBJECT to a 10 foot wide Pedestrian Easement and variable width Drainage and Wetland Easement as shown on the above mentioned subdivision plan. SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan. BEING TRACT NO.4 OF THE SAME PREMISES which Westwood Hills Associates, LLC, a Pennsylvania limited liability company by deed dated November 11, 2002 and recorded November 13, 2002 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 254, Page 2651, granted and conveyed unto Village Homes At Westwood Glen, Inc., a Pennsylvania Corporation, its successors and assigns. Being Parcel # 09-12-2992-155 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Tomas F. Gamboa and Debra D. Gamboa, husband and wife, by Deed from Village Homes at Westwood Glen, Inc., dated 9-11-03, recorded 10-6-03 in Deed Book 259, page 3602. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Village Homes at Westwood Glen, Inc., by Deed from Westwood Hills Asscociates, LLC, dated 11-11-02, recorded 11-13-02 in Deed Book 254, page 2651. PREMISES BEING: 56 WOODMYRE LANE, ENOLA, PA 17025-7025 \1 ?? rS . ,'1 ?. J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5956 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From TOMAS F. GAMBOA AND DEBRA D. GAMBOA (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION, (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $101,464.84 L.L. $.50 Interest FROM 1/5/06 TO 6/7/06 (PER DIEM - $16.68) - $2,552.04 AND COSTS Atty's Comm % Atty Paid $141.36 Plaintiff Paid Date: JANUARY 13, 2006 (Seal) Due Prothy $1.00 Other Costs 1 Piothonotarx By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. TOMAS F. GAMBOA DEBRA D. GAMBOA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-5956 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,56 WOODMYRE LANE. ENOLA. PA 17025-7025. 1. Name and address of Owner(s) or reputed Owner(s): Name TOMAS F. GAMBOA DEBRA D. GAMBOA Last Known Address (if address cannot be reasonably ascertained, please indicate) 56 WOODMYRE LANE ENOLA, PA 17025-7025 56 WOODMYRE LANE ENOLA, PA 17025-7025 2. Name and address of Defendant(s) in the judgment: Same as above Name and last known address of everyjudgment 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) None 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) HOUSEHOLD REALTY CORPORATION 25 GATEWAY DRIVE GATEWAY SQUARE, SUITE 107 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 56 WOODMYRE LANE ENOLA, PA 17025-7025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. vu X/_ January 11, 2006 DATE DANIEL G. SCHMIEG, ES Attorney for Plaintiff „] ' 1_- ' f ?a '; I ,? ? ??' , . PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. TOMAS F. GAMBOA DEBRA D. GAMBOA Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-5956 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. `ra"t'uw_'& . DANIEL G. SCHMIEG, ESQLARE Attorney for Plaintiff ro ?' il 7" _... ., ; `, _ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. TOMAS F. GAMBOA DEBRA D. GAMBOA Defendant(s). CUMBERLAND COUNTY No. 05-5956 CIVIL TERM January 11, 2006 TO: TOMAS F. GAMBOA 56 WOODMYRE LANE ENOLA, PA 17025-7025 DEBRA D. GAMBOA 56 WOODMYRE LANE ENOLA, PA 17025-7025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 56 WOODMYRE LANE, ENOLA, PA 17025-7025, is scheduled to be sold at the Sheriffs Sale on JUNE 7, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $101,464.84 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 ALL THAT CERTAIN lot or tract of land situated in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania more particularly bounded and described as follow, to wit: BEGINNING at a point on the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-27 and Lot #T-26, said point also being located three hundred six and two hundredths (306.02) feet south of the southern extremity of an arc connecting the eastern right-of-way line of Woodmyre Lane and the southern right-of-way line of Westwood Drive; thence by line of Lot #T-27 and passing through the centerline of a partition wall North seventy-six degrees five minutes nineteen seconds East (N 76 degrees 05 minutes 19 seconds E), one hundred forty-six and seventy five hundredths (146.75) feet to a point; thence by line of land now or formerly of Lynn W. Moore South three degrees forty-four minutes seventeen seconds East (S 03 degrees 44 minutes 17 seconds E), two and twenty-four hundredths (2.24) feet to a point; thence by Lot #T-24 South zero degrees thirteen minutes twenty-three seconds East (S 00 degrees 13 minutes 23 seconds E), eighteen and thirty-one hundredths (18.31) feet to a point at the dividing line of Lot #T-25 and Lot #T-26; thence by line of Lot #T-25 and passing through the centerline of a partition wall South seventy-six degrees five minutes nineteen seconds West (S 76 degrees 05 minutes 19 seconds W), one hundred forty-two and two hundredths (142.02) feet to a point on the eastern right-of-way line of Woodmyre Lane; thence by said right-of-way line North thirteen degrees fifty-four minutes forty one seconds West (N 13 degrees 54 minutes 41 seconds W), twenty and zero hundredths (20.00) feet to a point at the dividing line of Lot #T-27 and Lot #T-26, the place of BEGINNING. BEING Lot #T-26 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54. SUBJECT to a 10 foot wide Pedestrian Easement and variable width Drainage and Wetland Easement as shown on the above mentioned subdivision plan. SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan. BEING TRACT NO. 4 OF THE SAME PREMISES which Westwood Hills Associates, LLC, a Pennsylvania limited liability company by deed dated November 11, 2002 and recorded November 13, 2002 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 254, Page 2651, granted and conveyed unto Village Homes At Westwood Glen, Inc., a Pennsylvania Corporation, its successors and assigns. Being Parcel # 09-12-2992-155 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Tomas F. Gamboa and Debra D. Gamboa, husband and wife, by Deed from Village Homes at Westwood Glen, Inc., dated 9-11-03, recorded 10-6-03 in Deed Book 259, page 3602. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Village Homes at Westwood Glen, Inc., by Deed from Westwood Hills Asscociates, LLC, dated 11 -11-02, recorded 11-13-02 in Deed Book 254, page 2651. PREMISES BEING: 56 WOODMYRE LANE, ENOLA, PA 17025-7025 -?> ? ? -,, ?? ' "? _. . ? ' - ? , ; . =c:1 COUNTY PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. TOMAS F. GAMBOA DEBRA D. GAMBOA SERVE DEBRA D. GAMBOA AT 56 WOODMYRE LANE ENOLA, PA 17025-7025 SERVED CUMBERLAND No. 05-5456 CIVIL TERM ACCT. #1205020208 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 7, 2006 PMB Served and made known to L?2 k I'4 1:1! , Defendant, on the 1? Y1' day of ,200L, at !. .i7 _o'clock P.rn.,at ?G /+,wd nnp,,z. Ln" r Commonwealth of Pennsylvania, in the manner described below: Defendant personally served- 6Her6h.J j rU Adult family member with whom Defendant(s) reside(s). Name and Relationship is iL-1 ,-)iP 4 Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age /i t -^ , ?, Height /,-, ' ' Weight fJIL Race ? Sex ^Y Other I, _ 1a E ICI, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. 0 ore me ' o y f S' ,20 By: A'SE' VICE AT LET 3 TIMES. INDICATE DATES & TIMES OF SERVICE Notary Public ATTEMPTED. State of New Jerse? PAFRIEWE. HARRIS' NOT SERVED Commission Expires June 10, 2008 On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown _ No Answer Vacant I" Attempt: Time: god Attempt: Time: 3rd Attempt: Time: Swom to and subscribed before me this day of 200. Notary: By: Attorney for Plaintiff 2 Daniel G. Schrnieg, Esquire - I.D. No. 62205 ?? 1a t? ,-? -:? -n .r• k_?-_. .,.; _. 'U } '?'r t? ?- - ?< . ?, AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) TOMAS F. GAMBOA DEBRA D. GAMBOA SERVE TOMAS F. GAMBOA AT 56 WOODMYRE LANE ENOLA, PA 17025-7025 CUMBERLAND COUNTY PMB No. 05-5956 CIVIL TERM ACCT. #1205020208 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 7, 2006 SERVED Served and made known to / LZd L'. r Defendant, on the day of Vic, 4 r 200%, ate,?) o'clock -f-m.,at L, C?cedtt,U?-r- LN /r,o(a?/D.`i l7GolS-ic S Commonwealth of Pennsylvania, in the manner described below: _Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. _ an officer of said Defendant(s)'s company. Other. Description: 1-A.ge n; Height/io ` Weight I L o Race Am Sex 4M _ Other I, . JMSM tP ? (, T , a competent adult, being duly swom according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. On the day of NOT SERVED 200_, at o'clock _.m., Defendant NOT FOUND because: Moved ` Unknown _ No Answer Vacant I't Attempt: Time: 3rd Attempt: 1 / Time: Sworn to and subscribed before me this _ day of _ , 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 2nd Attempt: Time: 2 ? l l By: LE S 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Commission Expires June 16, 2008 c7 ? O ,- ?_? s, -?, ?-^ _ _ _T_ Sit ^ , t -n ?? (J 7O y -??} - r ? `??' . ua J m t ^ ??? -' i? ? "? Mortgage Electronic Registration Systems, Inc VS Tomas F. Gamboa and Debra D. Gamboa In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-5956 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 02, 2006 at 5:05 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Tomas F. Gamboa and Debra D. Gamboa, by making known unto Tomas F. Gamboa, personally and adult in charge for Debra D. Gamboa, at 56 Woodmyre Lane, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on Apri 111, 2006 at 7:45 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 Tomas F. Gamboa and Debra D. Gamboa located at 56 Woodmyre Lane, 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 of the pendency of the action to the within named defendants, to wit: Tomas F. Gamboa and Debra D. Gamboa by regular mail to their last known address of 56 Woodmyre Lane, Enola, PA 17025. These letters were mailed under the date of April 06, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff who being duly sworn according to law, states this writ is returned stayed per instructions from attorney Daniel Schmeig. Sheriff's costs: Docketing 30.00-/ Posting Bills 15.00 Advertising 15.00 Law Library 0.50 Prothonotary 1.00 Mileage 26.40 Levy 15.00 Surcharge 30.00 f Postpone Sale 20.00 Law Journal 677.00 v" Patriot News 410.00 -' Share of Bills 19.57,/ Total: 1,259.47 V `;n, 7- A)- 0 L So Answers: Zoe 1.0 ? ? , " ?- R. Thomas Kline, Sheriff BYJA MAL Real Estat Sergeant Sv clz- 54 83C, r MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION TOMAS F. GAMBOA DEBRA D. GAMBOA NO. 05-5956 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,56 WOODMYRE LANE, ENOLA, PA 17025-7025. 1. Name and address of Owner(s) or reputed Owner(s): Name TOMAS F. GAMBOA DEBRA D. GAMBOA Last Known Address (if address cannot be reasonably ascertained, please indicate) 56 WOODMYRE LANE ENOLA, PA 17025-7025 56 WOODMYRE LANE ENOLA, PA 17025-7025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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) HOUSEHOLD REALTY CORPORATION 25 GATEWAY DRIVE GATEWAY SQUARE, SUITE 107 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 56 WOODMYRE LANE ENOLA, PA 17025-7025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 11, 2006 DATE DANIEL G. SCHMIEG, ES Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. TOMAS F. GAMBOA DEBRA D. GAMBOA Defendant(s). CUMBERLAND COUNTY No. 05-5956 CIVIL TERM January 11, 2006 TO: TOMAS F. GAMBOA 56 WOODMYRE LANE ENOLA, PA 17025-7025 DEBRA D. GAMBOA 56 WOODMYRE LANE ENOLA, PA 17025-7025 * *THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. * * Your house (real estate) at, 56 WOODMYRE LANE, ENOLA, PA 17025-7025, is scheduled to be sold at the Sheriffs Sale on NNE 7, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $101,464.84 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 3-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 DESCRIPTION ALL THAT CERTAIN lot or tract of land situated in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania more particularly bounded and described as follow, to wit: BEGINNING at a point on the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-27 and Lot #T-26, said point also being located three hundred six and two hundredths (306.02) feet south of the southern extremity of an arc connecting the eastern right-of-way line of Woodmyre Lane and the southern right-of-way line of Westwood Drive; thence by line of Lot #T-27 and passing through the centerline of a partition wall North seventy-six degrees five minutes nineteen seconds East (N 76 degrees 05 minutes 19 seconds E), one hundred forty-six and seventy five hundredths (146.75) feet to a point; thence by line of land now or formerly of Lynn W. Moore South three degrees forty-four minutes seventeen seconds East (S 03 degrees 44 minutes 17 seconds E), two and twenty-four hundredths (2.24) feet to a point; thence by Lot #T-24 South zero degrees thirteen minutes twenty-three seconds East (S 00 degrees 13 minutes 23 seconds E), eighteen and thirty-one hundredths (18.31) feet to a point at the dividing line of Lot #T-25 and Lot #T-26; thence by line of Lot #T-25 and passing through the centerline of a partition wall South seventy-six degrees five minutes nineteen seconds West (S 76 degrees 05 minutes 19 seconds W), one hundred forty-two and two hundredths (142.02) feet to a point on the eastern right-of-way line of Woodmyre Lane; thence by said right-of-way line North thirteen degrees fifty-four minutes forty one seconds West (N 13 degrees 54 minutes 41 seconds W), twenty and zero hundredths (20.00) feet to a point at the dividing line of Lot #T-27 and Lot #T-26, the place of BEGINNING. BEING Lot #T-26 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54. SUBJECT to a 10 foot wide Pedestrian Easement and variable width Drainage and Wetland Easement as shown on the above mentioned subdivision plan. SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan. BEING TRACT NO.4 OF THE SAME PREMISES which Westwood Hills Associates, LLC, a Pennsylvania limited liability company by deed dated November 11, 2002 and recorded November 13, 2002 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 254, Page 2651, granted and conveyed unto Village Homes At Westwood Glen, Inc., a Pennsylvania Corporation, its successors and assigns. Being Parcel # 09-12-2992-155 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Tomas F. Gamboa and Debra D. Gamboa, husband and wife, by Deed from Village Homes at Westwood Glen, Inc., dated 9-11-03, recorded 10-6-03 in Deed Book 259, page 3602. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Village Homes at Westwood Glen, Inc., by Deed from Westwood Hills Asscociates, LLC, dated 11-11-02, recorded 11-13-02 in Deed Book 254, page 2651. PREMISES BEING: 56 WOODMYRE LANE, ENOLA, PA 17025-7025 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-5956 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From TOMAS F. GAMBOA AND DEBRA D. GAMBOA (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $101,464.84 L.L. $.50 Interest FROM 1/5/06 TO 6/7/06 (PER DIEM - $16.68) - $2,552.04 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $141.36 Other Costs Plaintiff Paid Date: JANUARY 13, 2006 iothonota (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 39 On February 14, 2006 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 56 Woodmyre Lane, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 14, 2006 By: Real Est e Sergeant hZ .01 V hZ NVr 9001 ?.-z 3 j3I83HS 3HI 3IJ30 r THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark, being duly sworn according to law, deposes and says: That he is the Accounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 21st and 28th day(s) of June and the 5th day(s) of July 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#39 e - f Y L. Russell, Notary Public iarrisbur uphin County fission xpir June 6, 2010 tsyl nia sociation of Notaries 7_1G '!'"w 4BERLAND COUNTY SHERIFF'S OFFICE I MM" 4BERLAND COUNTY COURTHOUSE ' ,;LISLE, PA. 17013 BM wr if-M an ye Fad ?vWm p1m on' haund d 11 'ftW 1 teoa"* Fm Bock out O the 9LPW54 ?° ? ploww of SU1BCr *a 19 fW with Etueo>e? *Ad conttiyr, Sod, Eamm t irl tt6owu on the ?ovemprtioaed WOW* it Oib_by asSUNI ECr to other ........................................... . Sworn to and_ subscribed before `e thi PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 7, 14, 21, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 39 Writ No. 2005-5956 Civil Mortgage Electronic Registration Systems, Inc. Lis Marie Coyne, ditor vs. Tomas F. Gamboa and Debra D. Gamboa Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot or tract of land situated in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania more particularly bounded and de- scribed as follow, to wit: BEGINNING at a point on the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-27 and Lot #T-26, said point also being located three hundred six and two hundredths (306.02) feet south of the southern extremity of an arc connecting the eastern right-of-way line of Woodmyre Lane and the southern riaht-of-wav line of Westwood Drive; TO AND SUBSCRIBED before me this 21 day of April, 2006 n PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 ATTORNEY FOR PLAINTIFF One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Court of Common Pleas Tomas F. Gamboa Debra D. Gamboa Plaintiff vs. Civil Division : Cumberland County Defendant(s) PRAECIPE TO THE PROTHONOTARY: : No. 05-5956 CIVIL TERM Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: 2-3 6 Irancis S. Hallinan, Esquire Attorney for Plaintiff PHS# 125916 0 v1 W C-) q ` _ C - L S E ' li V