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HomeMy WebLinkAbout02-1302HOMESIDE LENDING, INC. I IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. GERALD T. PHILLIPS, JR. Defendant 0d 1302- CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERV IDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE LISTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 110\1FSIDE LENDING, INC., IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. (&'RALD T. PHILLIPS, JR., Defendant CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE I'HL: 1-OLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 'The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717)234-4178 Attorney I.D.# 15700 Attorney for Plaintiff HOMESIDE LENDING, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW no. o-z • GERALD T. PHILLIPS, JR., ACTION OF MORTGAGE FORECLOSURE Defendant COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, HOMESIDE LENDING, INC., is a Corporation, with an address of 8120 Nations Way, Building 100, Jacksonville, Florida 32256. 2. Defendant, GERALD T. PHILLIPS, JR., is an adult individual, whose last known address is 3810 GOLFVIEW DRIVE, MECHANICSBURG, PENNSYLVANIA 17055. 3. On or about, May 23, 1997, the said Defendant, executed and delivered a Mortgage Note in the sum of $76,900.00 payable to BARNETT MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1384, Page 326 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to HOMESIDE LENDING, INC. and recorded in the aforesaid County in Mortgage Book 577, Page 1098. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 3810 GOLFVIEW DRIVE, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on November 1, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $18.19 per day From 10/01/2001 To 04/01/2002 ( based on contract rate of 9.000%) Accumulated Late Charges Late Charges $28.05 From 11/01/2001 to 04/01/2002 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $73,802.44 $3,310.58 $112.20 $168.30 $692.40 $3,690.12 $81,776.6-4- * *Together with interest at the per diem rate noted above after April 1, 2002 and other charges and costs to date of Sheriff's Sale. 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 Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 9.000% ($18.19 per diem), together with other charges and costs including escrow advances incidental thereto to the date of e ff s Sale and for foreclosure and sale of the property within described. ?A /7/7 By: PURCELL, IG & Leon P. Haller, squire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) He157528.tit (1696x2200x2 titt) (3) AD.AlR' OJKE Rllk°f E NOTE M: wiATE OP eaamavmv41p?_ PM Cw eb OATS eur maL tso 4tl?Mv 647M um r womma ffi ua rtes _ _ N Adiree t. FA MM 'BefAwme mma aafb pragt Wert K " «d of to eblh ad go pafaofl; aueoeteame aad arfpr'Leair• leefne ._ i 60N18MMI P? 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Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff HOMESIDE LENDING, INC. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: March 12, 2002 Leon V Haller, Esquire 111- LL? "? r J Q - r ? -j d c n =? SHERIFF'S RETURN - REGULAR CASE NO: 2002-01302 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMESIDE LENDING INC VS PHILLIPS GERALD T JR BRYAN WARD Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PHILLIPS GERALD T JR DEFENDANT the at 1952:00 HOURS, on the 18th day of March , 2002 at 3810 GOLFVIEW DRIVE MECHANICSBURG, PA 17055 GERALD T PHILIPS JR by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.97 Affidavit .00 Surcharge 10.00 .00 36.97 Sheriff or Deputy Sheriff of So Answers: R. Thomas Kline 03/19/2002 PURCELL KRUG HALLER Sworn and Subscribed to before me this 2vw day of yLl4uh J2(' .?J A. D. Prothonotary By: I t/ 'Deput&V Sheriff HOMESIDE LENDING, INC., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION LAW GERALD T. PHILLIPS, JR., NO. 2002-01302 DEFENDANT(S) MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) GERALD T. PHILLIPS, JR. for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance $73,802.44 Interest $3,310.58 Per diem of $18.19 From 04/01/2001 To 04/01/2002 Accumulated Late Charges $112.20 Late Charges $168.30 ($28.05 per month to 04/01/2002) Escrow Deficit $692.40 5% Attorney's Commission $3,690.12 TOTAL $81,776.04 "Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriffs Sale. PURCELL„ KRUG & HAL Leon P. Haller PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 c tN a - ?? NO Q? ??, 3 HOMESIDE LENDING, INC. Plaintiff vs. GERALD T. PHILLIPS, JR. Defendant DATE OF THIS NOTICE: April 12, 2002 TO: GERALD T. PHILLIPS, JR. 3810 GOLFVIEW DRIVE MECHANICSBURG, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 2002-01302 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 (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: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 PURCELL, KRUG & H By--- 6 LEON P. HALLER, Attorney or Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW AT NO. 2002-01302 HOMESIDE LENDING, INC., PLAINTIFF vs. GERALD T. PHILLIPS, JR., DEFENDANT(S) TOTAL AMOUNT OF $81,776.04 / JUDGMENT Interest $12,642.05 Per diem of $18.19 to sale date Accumulated Late Charges $112.20 Late Charges $645.15 $28.05 per month to sale date Escrow Deficit $2,000.00 5% Attorney's 3,690.12 Commission TOTAL WRIT $97,063.24 *Plus additional interest, late charges and other costs to date of sheriff's sale. SALE DATE: Wednesday, March 03, 2004 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: November 20, 2003 Attorney for Plaintiff 1719 North Front Street Leon P. Ha ler Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 3810 Golfview Drive Mechanicsburg, PA 17050 Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY U ? c 1 I w N('\ I 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N002-1302 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOMESIDE LENDING INC Plaintiff (s) From GERALD T PHILLIPS, JR, 3810 GOLFVIEW DRIVE, MECHANICSBURG, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION OWNED BY DEFENDANT. (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 $73,802.44 L.L.50 Interest PER DIEM OF $18.19 FROM 4/1/01 TO 4/1/02= $3,310.58 Atty's Comm %5 = $3,690.12 Due Prothy $1.00 Atty Paid $108.97 Other Costs ACCUMULATED LATE CHARGES= $112.20, LATE CHARGES $28.05 PER MONTH TO 4/1/02 = $168.30 AND ESCROW DEFICIT = $692.40 Plaintiff Paid Date: 11/26/03 CURTIS R. LONG (Seal) REQUESTING PARTY: Name LEON HALLER, ESQ Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: HOMESIDE LENDING INC Telephone: (717) 234-4178 Prothonotary By: ? De uty Supreme Court ID No. 15700 HOMESIDE LENDING, INC., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION LAW GERALD T. PHILLIPS, JR., DEFENDANT(S) NO. 2002-01302 IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on //-1 41- 03 the following judgment has been entered against you in the above-captioned matter: $81,776.04 and for the sale and foreclosure of your property located at: 3810 Golfview Drive Mechanicsburg, PA 17050 Dated: November 20, 2003 PROTHONOTARY Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to PA R.C.P. No. 236 GERALD T. PHILLIPS, JR. 3810 GOLFVIEW DRIVE MECHANICSBURG, PA 17050 OCo C } T u W HOMESIDE LENDING, INC., PLAINTIFF Vs. GERALD T. PHILLIPS, JR., DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2002-01302 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on April 12, 2002 I served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. B},,- Leon P. Haller PA I.D. 5700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 HOMESIDE LENDING, INC., PLAINTIFF Vs. GERALD T. PHILLIPS, JR., DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2002-01302 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me thisc?,?d day off0(l?yrG 20&3 i ublic /-ZX LEON . HALLER, ESQUIRE NOTARIAL SEAL MARYLAND K. FERRETTI. Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Aug. 8, 2006 HOMESIDE LENDING, INC., PLAINTIFF vs. GERALD T. PHILLIPS, JR., DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION LAW NO. 2002-01302 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 3810 Golfview Drive, Mechanicsburg, PA 17050: 1. Name and address of the Owner(s) or Reputed Owner(s): GERALD T. PHILLIPS, JR. 3810 GOLFVIEW DRIVE MECHANICSBURG, PA 17050 1 Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 1 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: The SICO Company P. O. Box 302 Mt. Joy, PA 17552 Commonwealth of Pennsylvania Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 Commonwealth of Pennsylvania Bureau of Compliance Clearance Support/Sheriff Sales P. O. Box 281230 Harrisburg, PA 17128-1230 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Secretary of Housing and Urban Development of Washington, D.C. 451 7`h Street - Southwest Washington, D.C. 20410 Secretary of Housing and Urban Development of Washington, D.C. Albany Office - Region 11 52 Corporate Circle Albany, New York 12203-5121 Conseco Finance Consumer discount Company 7360 S. Kyrene Road Tempe, AZ 85283 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: Tenants if any ... Susan L. Phillips 3810 Golfview Drive Mechanicsburg, PA 17050 DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle, PA 17013 Lee Eric Oesterling, Esquire Lee E. Oesterling and Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are ma ubject to the penalties of 18 PA C.S. Section 4904 relating to unworn falsification to authorit Leon P. Hall A LD. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: November 20, 2003 0 C:. ') C c-2, rn - - 771 C HOMESIDE LENDING, INC., PLAINTIFF vs. GERALD T. PHILLIPS, JR., DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION LAW NO. 2002-01302 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CkVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, March 03, 2004 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 3810 Golfview Drive Mechanicsburg, PA 17050 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2002-01302 JUDGMENT AMOUNT $81,776.04 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: GERALD T. PHILLIPS, JR. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THEJUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCEL L, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 All THAT CERTAIN lot or tract of groynd situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Golfview Road (T--623) at the southeast corner of the Kingswood Subdivision, section 2; thence by the same, North 03 degrees 28 minutes 09 seconds East, six hundred forty-nine and forty-five hundredths (649.45) feet. to a point; thence along the same, North 03 degrees 28 minutes 40 seconds Esat, twenty-nine and sixty-six hundredths (29.65) feet to an iron pipe; thence South 86 degrees 31 minutes 51 seconds East, seventy-three (73.00) feet to an iron pin; thence along a channel, South 10 degrees 27 minutes 52 seconds East, three hundred ninety-nine and ninety-one hundredths (399.91.) feet to a point; thence along lands now of Ronald E. Tippett, South 46 degrees 38 minutes 33 seconds West, fifty-six and seventy-nine hundredths (56.79) feet to an iron pin; thence along the same, South 03 degrees 08 minutes 33 seconds East, two hundred fifty-three and twenty hundredths (253.20) feet to a point on the center line of Golfview Road (T-623); thence along the center line of Golfview Road, (T-623), North 85 degrees 49 minutes 31 seconds West, one hundred fifty-nine and sixty-one hundredths (159.6i feet to the place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 3810 Golfview Drive, Mechanicsburg, Pennsylvania 17055 BEING THE SAME PREMISES WHICH Twila Noble, Executrix of the Estate of Charles E. Slack, by deed dated 5/23/97 and recorded 5/28/97 in Deed Book 158, Page 388 granted and conveyed unto Gerald T. Phillips, Jr. TO BE SOLD AS THE PROPERTY OF GERALD T. PHILLIPS, JR. ON JUDGMENT NO. 2002-01302 ASSESSMENT N0. 10-16-1056-010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HOMESIDE LENDING, INC., CIVIL ACTION LAW PLAINTIFF Vs. NO. 2002-01302 IN MORTGAGE FORECLOSURE GERALD T. PHILLIPS, 7R., DEPENDANT(S) RELIEF FROM STAY UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: GERALD T. PHILLIPS and SUSAN L. PHILLIPS BANKRUPTCY NO. 1-02-02427 Debtors CHAPTER 13 HOMESIDE LENDING, INC. Movant VS. GERALD T. PHILLIPS, SUSAN L. PHILLIPS and CHARLES J. DEHART, III, Trustee Respondents O R D E R AND NOW, to wit, this day of ! , 2003, upon consideration of the Motion of Homeside Lending, Inc. to Obtain Relief from Stay, the parties having consented thereto, the Motion is hereby granted and the automatic stay is terminated as to the Movant relative to property situate at 3810 Golfview Drive, Mechanicsburg, Pennsylvania 17055. BY THE COURT: /Si N3fiiil' D. FRANCE Mary D. France Bankruptcy Judge 1 . Homeside Lending, Inc. In The Court of Common Pleas of VS Cumberland County, Pennsylvania Gerald T. Phillips, Jr. Writ No. 2002-1302 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Leon P. Haller. Sheriff's Costs Docketing Poundage Posting Handbills Advertising Mileage Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills Law Library Prothonotary 30.00 14.73 15.00 15.00 17.94 15.00 20.00 20.00 321.20 251.74 29.32 .50 1.00 $751.43 paid by attorney 06/08/04 Sworn and subscribed to before me /?, .?? •?C This /D `day of R. Thomas Kline, Sheriff 2004, A.D. yy, ??,,, nQror<J I _ BY?/0 ?' Prothonotary Real Est Deputy 1.'v yt,uG 2. /61 z oiZ Real Estate Sale # 46 On December 03, 2003 the sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 3810 Golfview Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 03, 2003 i By: ?, p Real Estat eputy !1.1 GE Z 9Z KIN ?in1 r.? ki%, . lu .jjY*]'H5 4.„L iiO '! THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael Morrow, being (July sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004. 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 din Miscellaneous Book "M", Volume 14, Page 317. A ,,., ...................................... ........... ..? .. PUBLICATION ......................... COPY Sworn to and subscribed before m 23rd day Februar 2004 A.D. SALE #46, REAL ESTATE SALE No. 46 Notarial Seal Writ No. 2002-1302 Terry L. Russell, Notary Public ' G L Civil Term City Of Harrisburg, Dauphin County NO ARY PUBLIC Homeside Lending, Inc. My Commission Expires June 6, 2006 Commission expires June 6, 2006 Vs Member, Pennsylvania Assoaation Of NtNelies Gerald T. Phillips, Jr. Atty: Leon P. Haller CUMBERLAND COUNTY SHERIFFS OFFICE DESCRIPTION CUMBERLAND COUNTY COURTHOUSE ALL THAT CERTAIN lot or tract of ground CARLISLE, PA. 17013 situate in Hampden Township. Cumberland County, Pennsylvania, more particularly bounded Statement of Advertising Costs and described as foil vws, to wit: BEGINNING; t a point on the center line of To THE PATRIOT-NEWS CO., Dr. Golfview Road (T-623) at the southeast corner of For the notice or publication attached the Kingswood Subdivision. Section 2; thence by publishing the same, North 03 degrees 28 minutes 09 hereto on the above stated dates seconds East, six hundred forty-nine and forty- Total five hundredths (649.45) feet to a point; thence $ 251 .74 along the same North 03 degrees 28 minutes 40 seconds East, twenty-nine and sixty-six hundredths (29.66) feet to an iron pi)e: thence Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... South 8o degrees ±l minute, 51 seconds East. seventy-three (73.00) feet to an iron pint thence along a channel, South 10 degrees 27 minutes 52 seconds East, three hundred ninety-nine and ninety-one hun-dredths (399.91) feet to a point; thence along lands now of Ronald E. Tippett. South 46 degrees 38 minutes 33 seconds West. fifty-six and seventy-nine hundredths (56.79) feet to an iron pin; thence along the same, South 03 degrees 08 minutes 33 seconds East, two hundred fifty-three and twenty hundredths (253.20) feet to a point on the center line of Golfview Road (T- 623): thence along the center line of Gotfview Road (T-623), Nottt 85 degrees 49 minutes 31 seconds West, one hundred fifty-nine and sixty- one hundredths (159.61 feet) to the place of BEGINNING. HAVING THEREON erected a dwelling known as MIO Golfview Drive, Mechanicsburg. Pennsylvania 17055. BEING THE SAME premises which Twila Noble, Executrix of the Estate of Charles E, Slack, by deed dated 5/23/97 and recorded 5/28/ 97 in Deed Book 158, Page 388 granted and conveyed unto Gerald T. Phillips, Jr. TO BE SOLD as the property of Gerald T. Phillips, Jr. on Judgment No. 2002-01302. ASSESSMENT NO.: 10-16.1056-010. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE 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: JANUARY 16, 23, 30, 2004 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. 46 Writ No. 2002-1302 Civil Homeside Lending, Inc. VS. Gerald T. Phillips, Jr. Atty.: Leon P. Haller ALL THAT CERTAIN lot or tract of ground situate in Hampden Town- ship, Cumberland County, Pennsyl- vania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Golfview Road (T-623) at the southeast corner of the Kings- wood Subdivision, Section 2; thence by the same, North 03 degrees 28 minutes 09 seconds East, six hun- dred forty-nine and forty-five hun- dredths (649.45) feet to a point; thence along the same, North 03 degrees 28 minutes 40 seconds East, twenty-nine and sixty-six hun- dredths (29.66) feet to an iron pipe; thence South 86 degrees 31 min- utes 51 seconds East, seventy-three /Lisa Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 30 day of JANUARY 2004 NM1RIWSEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 (73.00) feet to an iron pin; thence along a channel, South 10 degrees 27 minutes 52 seconds East, three hundred ninety-nine and ninety-one hundredths (399.91) feet to a point; thence along lands now of Ronald F. Tippett, South 46 degrees 38 minutes 33 seconds West, fifty-six and seventy-nine hundredths (56- .79) feet to an iron pin; thence along the same, South 03 degrees 08 min- utes 33 seconds East, two hundred fifty-three and twenty hundredths (253.20) feet to a point on the cen- ter line of Golfview Road (T-623); thence along the center line of Golf- view Road. (T-623), North 85 de- grees 49 minutes 31 seconds West, one hundred fifty-nine and sixty-one hundredths (159.61) feet to the place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 3810 Golfview Drive, Mechanicsburg, Pennsylvania 17055. BEING THE SAME PREMISES WHICH Twila Noble, Executrix of the Estate of Charles E. Slack, by deed dated 5/23/97 and recorded 5/28/97 in Deed Book 158, Page 388 granted and conveyed unto Gerald T Phillips, Jr. TO BE SOLD AS THE PROP- ERTY OF GERALD T. PHILLIPS, JR. ON JUDGMENT NO. 2002- 01302. ASSESSMENT NO. 10- 16-1056- U? 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2002-01302 HOMESIDE LENDING. INC.. PLAINTIFF VS. GERALD T. PHILLIPS, JR., DEFENDANT(S) TOTAL AMOUNT OF $81,776.04 JUDGMENT Interest $12,642.05 Per diem of $18.19 to sale date 12,/8/04 Late Charges $785.40 $28.05 per month to sale date 12/04 Escrow Deficit $2,000.00 TOTAL WRIT $97,203.49 `Plus additional interest, late charges and other costs to date of sheriff's sale. SALE DATE: Wednesday, DECEMBER 8, 2004 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execcase. Date: July 1, 2004 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and set] the property described in the attached description known as 3810 Golfview Drive, Mechanicsburg, PA 17050 Datc Y?1 /,,p e PROTHONOTARY?RK CI L IV ION BY 4,Rt's - DEPUTY All THAT CERTAIN lot or tract of grouttd situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Golfview Road (T--623) at the southeast corner of the Kingswood subdivision, Section 2; thence by the .same, North 03 degrees 28 minutes 09 seconds East, six hundred forty-nine and forty-five hundredths (649.45) feet to a point; thence along the same, North 03 degrees 28 minutes 40 seconds Esat, twenty-nine and sixty-six hundredths (29.65) feet to an iron pipe; thence South 86 degrees 31 minutes 51 seconds East, seventy-three (73.00) feet to an iron pin; thence along a channel, South 10 degrees 27 minutes 52 seconds East, three hundred ninety-nine and ninety-one hundredths (399.91) feet to a point; thence along lands now of Ronald E. Tippett, South 46 degrees 38 minutes 33 seconds West, fifty-six and seventy-nine hundredths (56.79) feet to an iron pin; thence along the same, South 03 degrees 08 minutes 33 seconds East, two hundred fifty-three and twenty hundredths (253.20) feet to a point on the center line of Golfview Road (T-623); thence along the center line of Colfview Road, (T-623), North 85 degrees 49 minutes 31 seconds west, one hundred fifty-nine and sixty-one hundredths (159.61 feet to the place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 3810 Golfview Drive, Mechanicsburg, Pennsylvania 17055 BEING THE SAME PREMISES WHICH Twila Noble, Executrix of the Estate of Charles E. Slack, by deed dated 5/23/97 and recorded 5/28/97 in Deed Book 158, Page 388 granted and conveyed unto Gerald T. Phillips, .)r. TO BE SOLD AS THE PROPERTY OF GERALD T. PHILLIPS, JR. ON JUDGMENT NO.2002-01302 ASSESSMENT NO. 10-16-1056-010 G f 1 U? N .a U W C ? 0 ? 4' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1302 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOMESIDE LENDING INC Plaintiff (s) From GERALD T. PHILLIPS, JR (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT: 3810 GOLFVIEW DRIVE, MECHANICSBURG, PA 17050 (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 $81,776.04 L.L. Interest PER DHIM OF $18.19 TO SALE DATE 12/18/04 = $12,642.05 Atty's Comm Arty Paid $872.90 Due Prothy $1.00 Other CostsLATE CHARGES $28.05 PER MONTH TO SALE DATE 12/04 - $785.40 ESCROW DEFICIT $2,000.00 Plaintiff Paid Date: 7/8/04 (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102 CURTIS R. LONG Prothonotary - - By: e'J. t Deputy Attorney for: PLAINTIFF Telephone: (717) 234-4178 Supreme Court ID No. #15700 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA HOMESIDE LENDING, INC., CIVIL ACTION LAW PLAINTIFF NO. 2002-01302 Vs. IN MORTGAGE FORECLOSURE GERALD T. PHILLIPS, JR., DEFENDANT(S) NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this °/- day 20_4;?K of? 9 t o a youblic ( LEON P. HALLER, ESQUIRE NOTARIAL SEAL MARYLAND K FERRETTI, Notary Public ?owsr Paxton Twp., Dauphin County My Commission Expires Aug. 8, 2006 Cl) 0 =.. HOMESIDE LENDING, INC., PLAINTIFF vs. GERALD T. PHILLIPS, JR., DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2002-01302 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 3510 Golfview Drive, Mechanicsburg, PA 17050: Name and address ofthe Owner(s) or Reputed Owner(s): GERALD T. PHILLIPS, JR. 3810 GOLFVIEW DRIVE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: The SICO Company P. O. Box 302 Mt. Joy, PA 17552 Commonwealth of Pennsylvania Bureau of Compliance Dept. 280946 Harrisburg, PA 1 7 1 2 8-0946 Commonwealth of Pennsylvania Bureau of Compliance Clearance Support/Sheriff Sales P. O. Box 281230 Harrisburg, PA 17128-1230 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Secretary of Housing and Urban Development of Washington, D.C. 451 7"' Street - Southwest Washington, D.C. 20410 Secretary of Housing and Urban Development of Washington, D.C. Albany Office- Region ? 52 Corporate Circle Albany, New York 12203-5121 Conseco Finance Consumer discount Company 7360 S. Kyrene Road Tempe, AZ 85283 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: Tenants if any ... Susan L. Phillips 3810 Golfview Drive Mechanicsburg, PA 17050 DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Sheets Carlisle, PA 17013 Lee Eric Oesterling, Esquire Lee E. Oesterling and Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I 1 verify that the statements made in this Affidavit are true and correct to the best of m ersonal knowledge, information and belief. I understand that false statements herein are made sect to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. „ Leon P. Haller PA'I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:.luly 1, 2004 Ca ? t'?n Cos - l t HOMESIDE LENDING, INC., PLAINTIFF V S. GERALD T. PHILLIPS, JR., DEFENDANTI.S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION LAW NO. 2002-01302 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff s Sale of Real Property (real estate) will be held: DATE: Wednesday, DECEMBER 8, 2004 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 3810 Golfview Drive Mechanicsburg, PA 17050 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2002-01302 JUDGMENT AMOUNT $81,776.04 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: GERALD T. PHILLIPS, JR. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the. Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Connnon Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 All THAT CERTAIN lot or tract of ground situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Golfview Road (T--623) at the southeast corner of the Kingswood Subdivision, section 2; thence by the same, North 03 degrees 28 minutes 09 seconds East, six hundred forty-nine and forty-five hundredths (649.45) feet to a point; thence along the same, North 03 degrees 28 minutes 40 seconds Esat, twenty-nine and sixty-six hundredths (29.65) feet to an iron pipe; thence South 86 degrees 31 minutes 51 seconds Fast, seventy-three (73.00) feet to an iron pin; thence along a channel, South 10 degrees 27 minutes 52 seconds East, three hundred ninety-nine and ninety-one hundredths (399.91) feet to a point; thence along lands now of Ronald E. Tippett, South 46 degrees 38 minutes 33 seconds West, fifty-six and seventy-nine hundredths (56.79) feet to an iron pin; thence along the same, South 03 degrees 08 minutes 33 seconds East, two hundred fifty-three and twenty hundredths (253.20) feet to a point on the center line of Golfview Road (T-623); thence along the center line of Golfview Road, (T-623), North 65 degrees 49 minutes 31 seconds West, one hundred fifty-nine and sixty-one hundredths (159.61 feet to the place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 3810 Golfview Drive, Mechanicsburg, Pennsylvania 17055 BEING THE SAME PREMISES WHICH TMla Noble, Executrix of the Estate of Charles E. Slack, by deed dated 5/23/97 and recorded 5/28/97 in Deed Book 158, Page 388 granted and conveyed unto Gerald T. Phillips, Jr. TO BE SOLD AS THE PROPERTY OF GERALD T. PHILLIPS, JR. ON JUDGMENT NO. 2002-01302 ASSESSMENT NO. 10-16-1056-010 HOMESIDE LENDING, INC., PLAINTIFF vs. GERALD T. PHILLIPS, JR., DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2002-01302 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, DECEMBER 8, 2004 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 3810 Golfview Drive Mechanicsburg, PA 17050 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2002-01302 JUDGMENT AMOUNT $81,776.04 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: GERALD T. PHILLIPS, JR. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. hifonnation about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THEJUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 All THAT CERTAIN lot or tract of ground situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Golfview Road (T--623) at the southeast corner of the Kingswood Subdivision, Section 2; thence by the same, North 03 degrees 28 minutes 09 seconds East, six hundred forty-nine and forty-five hundredths (649.45) feet to a point; thence along the same, North 03 degrees 28 minutes 40 seconds Esat, twenty-nine and sixty-six hundredths (29.66) feet to an iron pipe; thence South 86 degrees 31 minutes 51 seconds Fast, seventy-three (73.00) feet to an iron pin; thence along a channel, South 10 degrees 27 minutes 52 seconds East, three hundred ninety-nine and ninety-ore hundredths (399.91) feet to a point; thence along lands now of Ronald E. Tippett, South 46 degrees 38 minutes 33 seconds West, fifty-six and seventy-nine hundredths (56.79) feet to an iron pin; thence along the same, South 03 degrees 08 minutes 33 seconds East, two hundred fifty-three and twenty hundredths (253.20) feet to a point on the center line of Golfview Road (T-623); thence along the center line of Golfview Road, (T-623), North 85 degrees 49 minutes 31 seconds West, one hundred fifty-nine and sixty-one hundredths (159.61 feet to the place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 3810 Golfview Drive, Mechanicsburg, Pennsylvania 17055 BEING THE SAME PREMISES WHICH Twila Noble, Executrix of the Estate of Charles E. Slack, by deed dated 5/23/97 and recorded 5/28/97 in Deed Book 158, Page 388 granted and conveyed mito Gerald T. Phillips, Jr. TO BE SOLD AS THE PROPERTY OF GERALD T. PHILLIPS, JR. ON JUDGMENT NO. 2002-0 1 3 02 ASSESSMENT NO. 10-16-1056-010 c? .n c-- - ?? f CJ HOMESIDE LENDING, INC., PLAINTIFF VS. GERALD T. PHILLIPS, JR., DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2002-01302 IN MORTGAGE FORECLOSURE RETURN OF SERVICE her by certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on 0 a true and correct copy of the Notice of Sale, of Real Estate pursuant to PA R.C. .3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing fonn in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: GERALD T. PHILLIPS, JR. 3810 GOLFVIEW DRIVE MECHANICSBURG, PA 17050 DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle, PA 17013 Secretary of Housing and Urban Development of Washington, D.C. 451 7"' Street - Southwest Washington, D.C. 20410 Secretary of Housing and Urban Development of Washington, D.C. Albany Office - Region 11 52 Corporate Circle Albany, New York 12203-5121 Conseco Finance Consumer discount Company 7360 S. Kyrene Road Tempe, AZ 85283 The SICO Company P. O. Box 302 Mt. Joy, PA 17552 Commonwealth of Pennsylvania Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 Commonwealth of Pennsylvania Bureau of Compliance Clearance Support/Sheriff Sales P. O. Box 281230 Harrisburg, PA 17128-1230 Susan L. Phillips 3810 Golfview Drive Mechanicsburg, PA 17050 Lee Eric Oesterling, Esquire Lee E. Oesterling and Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 By / PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES HONVARI) B KKt LEON P HALI.ER JOHN W PURCELI. JR JILLM W1NKA BRIAN J IYLI=.R NR 'I IOLE M STALLY O'GORMAN GERALD T. PHILLIPS, 3R. 3810 GOLFVIEW DRIVE MECHANICSBURG, PA 17050 DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle, PA 17013 M A:YU/ij -76m Ci( 014" A 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 Secretary of Housing and Urban Development of Washington, D.C. 451 7t1i Street Southwest Washington, D.C. 20410 Secretary of Housing and Urban Development of Washington, D.C. Albany Office - Region II 52 Corporate Circle Albany, New York 12203-5121 Conseco Finance Consumer discount Company 7360 S. Kyrene Road Tempe, AZ 85283 The SICO Company P. O. Box 302 Mt. Joy, PA 17552 Commonwealth of Pennsylvania Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 HERSHEY (717)533-3836 JOSEPH NISSLEY (1910-1982) JOHN W.PURCELL VALERIE A. GUNNOF COUNSEL Commonwealth of Pennsylvania Bureau of Compliance Clearance Support/Sheriff Sales P. O. Box 281230 Harrisburg, PA 17128-1230 Susan L. Phillips 3810 Golfview Drive Mechanicsbuurg, PA 17050 Lee Eric Oesterling, Esquire Lee E. Oesterling and Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real es ate will be divested by the sale and that you have an opportunity to protect your interest, if any, by g notified of said Sheriffs Sale. By: Leon P. Haller PA I.D.15700 Attorney for Plaintiff HOMESIDE LENDING. INC., PLAINTIFF VS. GERALD T. PHILLIPS, JR., DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2002-01302 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, DECEMBER 8, 2004 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 3810 Golfview Drive Mechanicsburg, PA 17050 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2002-01302 JUDGMENT AMOUNT $81,776.04 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: GERALD T. PHILLIPS, JR. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Infonnation about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 All THAT CERTAIN lot or tract of ground situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Golfview Road (T--623) at the southeast corner of the Kingswood Subdivision, Section 2; thence by the same, North 03 degrees 28 minutes 09 seconds East, six hundred forty-nine and forty-five hundredths (649.45) feet to a point; thence along the same, North 03 degrees 28 minutes 40 seconds Esat, twenty-nine and sixty-six hundredths (29.66) feet to an iron pipe; thence South 86 degrees 31 minutes 51 seconds East, seventy-three (73.00) feet to an iron pin; thence along a channel, South 10 degrees 27 minutes 52 seconds East, three hundred ninety-nine and ninety-ore hundredths. (399.91) feet to a point; thence along lands now of Ronald E. Ti.ppett, South 46 degrees 38 minutes 33 seconds West, fifty-six and seventy-nine hundredths (56.79) feet to an iron pin; thence along the same, South 03 decrees 08 minutes 33 seconds East, two hundred fifty-three and twenty hundredths (253.20) feet to a point on the center line of Golfview Road (T-623); thence along the center line or Golfview Road, (T-623), North 85 degrees 49 minutes 31 seconds West, one hundred fifty-nine and sixty-one hundredths (159.61 feet to the place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 3810 Golfview Drive, Mechanicsburg, Pennsylvania 17055 BEING THE SAME PREMISES WHICH Twila Noble, Executrix of the Estate of Charles E. Slack, by deed dated 5/23/97 and recorded 5/28/97 in Deed Book 158, Page :388 granted and conveyed into Gerald T. Phillips, Jr. TO BE SOLD AS THE PROPERTY OF GERALD T. PHILLIPS. JR. ON JTJDGMENT NO. 2002,01302 ASSESSMENT NO. 10-16-1056-010 HOMESIDE LENDING, INC. v. GERALD T. PHILLIPS, JR. Cumberland County Sale 12/8/04 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: GERALD T. PHILLIPS, JR. 3810 GOLFVIEW DRIVE MECHANICSBURG. PA 17050 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell. Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Susan L. Phillips 3810 Go]fview Drive Mechanicsburg, PA 17050 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle. PA 17013 OCT 12 ?fit J5 S S?100 PQS??Q I4 it PIINLY KOWFS 02 1.A $ 00.900 0004338187 OCT 12 2004 MAILED FROM ZIP CODE 1 710 2 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Secretary of Housing and Urban Development of Washington, D.C. 451 7"' Street - Southwest Washington, D.C. 20410 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg. PA 17102 One piece of ordinary mail addressed to: Secretary of Housing and Urban Development of Washington, D.C. Albany Office - Region 11 52 Corporate Circle Albany, New York 12203-5121 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) ,, n Received from: OCT 12 20o? Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 171020`$-PS 80 One piece of ordinary mail addressed to: Conseco Finance Consumer discount Company 7360 S. Kyrene Road Tempe, AZ 85283 Postmark: iYM •.y o?PS Poor-'F 2 ° PITNEY ROWFS 0 2 1A $ 00.900 0004338187 OCT12 2004 MAILED FROM ZIP GODE 1 710 2 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Foram 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: The SICO Company P. O. Box 302 Mt. Joy, PA 17552 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Otte piece of ordinary mail addressed to: Commonwealth of Pennsylvania Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Commonwealth of Pennsylvania Bureau of Compliance Clearance Support/Sheriff Sales P. O. BOX 281230 Harrisburg, PA 17128-1230 Postage: Postmark: ASPS oPosrq C2 CF? d p1TN?? Booms 0 ? 0029 02 1? 181 11102 0004338 M OODE ZIP Mp'WED FRO U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Fran Street Harrisburg. PA 17102 One piece of ordinary mail addressed to: Postmark: Lee Eric Oesterling, Esquire Lee E. Oesterling and Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 QSPr,0 F O?aCF Z P1TN4Y N0%Vf: $ 00.90° 02 1A OCT 12 2{704 0004338187 MAILED FROM Zip CODE 1 7102 hJ 1 ? .? i ? ? 'r"1 .--{ _?` 'T1 t ? f,??r ?--? ? -.?C.? _ . .c:? ?-? C,s,? -:# ? ,-, _ . L':? y Homeside Lending, Inc. In The Court of Common Pleas of VS Cumberland County, Pennsylvania Gerald T. Phillips, Jr. Writ No. 2002-1302 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, s that on September 14, 2004 at 10:51 o'clock AM, he served a true copy of the with Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled act upon the within named defendant, to wit: Gerald T. Phillips, Jr., by making known Gerald Phillips, personally, at 3810 Golfview Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states t on October 07, 2004 at 12:37 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 Gerald T. Phillips located at 3810 Golfview Drive, Mechanicsburg, 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 name defendant, to wit: Gerald T. Phillips, Jr., by regular mail to his last known address of 3810 Golfview Drive, Mechanicsburg, PA 17055. This letter was mailed under the d, of October 06, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this is returned STAYED per instructions from Attorney Leon P. Haller. Sheriff s Costs Docketing 30.00 Poundage 15.86 Posting Bills 15.00 Advertising 15.00 Prothonotary 1.00 Mileage 20.72 Levy 15.00 Surcharge 20.00 Law Journal 316.55 Patriot News 309.43 Share of Bills 30.42 Postpone Sale 20.00 $808.98 Sworn and subscribed to before me This day of MOAZ? 2005, A.D. rothonotary s s: R. Thomas Kline, Sheriff BYGl Real Estate eputy HOMESIDE LENDING, INC., PLAINTIFF vs. GERALD T. PHILLIPS, JR., DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV CIVIL ACTION LAW NO. 2002-01302 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth the praecipe for the writ of execution was filed, the following information concerning the rlocated at 3810 Golfview Drive, Mechanicsburg, PA 17050: Name and address of the Owner(s) or Reputed Owner(s): GERALD T. PHILLIPS, JR. 3510 GOLFVIEW DRIVE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the Judgment, if different from that above: SAME 3. Name and address of every judgment creditor whose judgment is a record real property to be sold: The SICO Company P. O. Box 302 Mt. Joy, PA 17552 Commonwealth of Pennsylvania Bureau of Compliance r Dept. 280946 t Harrisburg, PA 17128-0946 Commonwealth of Pennsylvania Bureau of Compliance Clearance Support/Sheriff Sales P. O. Box 281230 Harrisburg, PA 17128-1230 4. Name and address of last recorded holder of every mortgage of record: low of the date property in (1) on the N Ct r 0 PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): J Secretary of Housing and Urban Development of Washington, D.C. 451 7°i Street- Southwest Washington, D.C. 20410 Secretary of Housing and Urban Development of Washington, D.C. Albany Office - Region II 52 Corporate Circle Albany, New York 12203-5121 Conseco Finance Consumer discount Company 7360 S. Kyrene Road Tempe, AZ 85283 5. Name and address of every other person who has any record lien on the UNKNOWN 6. Name and address of every other person who has any record interest in the p operty and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has any interest in the property which may be affected by the sale: Tenants if any ... Susan L. Phillips 3810 Golfview Drive Mechanicsburg, PA 17050 DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hug) Streets Carlisle, PA 17013 Lee Eric Oesterling, Esquire Lee E. Oesterling and Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 (in the preceding information, where addresses could not be reasonably indicated.) who has the same is F I I verify that the statements made in this Affidavit are hue and correct to the best of m ersonal knowledge, information and belief. I understand that false statements herein are made ect to the penalties of 18 PA C.S. Section 4904 relating to unworn falsification to authorities. .i Leon P. Haller P .D. 915700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:JuIy 1, 2004 V HOMESIDE LENDING, INC., PLAINTIFF VS . GERALD T. PHILLIPS, JR., DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV_ CIVIL ACTION LAW NO. 2002-01302 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held DATE: Wednesday, DECEMBER 8, 2004 TIME: 10:00 O'clock A.M. r C-? rii T r ? ' - oo 1co LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainl, of a statement of the measured boundaries of the property, together with a brief mention of th and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 3810 Golfview Drive Mechanicsburg, PA 17050 THE JUDGMENT under or pursuant to which your property is being sold is within Commonwealth and County to: No. 2002-01302 JUDGMENT AMOUNT $81,776.04 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: GERALD T. PHILLIPS, JR. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or corporate entities or agencies being entitled to receive part of the proceeds of the sale i consisting buildings in the nental or and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalith owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and dis the proceeds of sale in accordance with this schedule will, in fact, be made unless someone filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of Common Pleas of the within County at the Courthouse address specified herein. PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer you more specifically of these rights. If you wish to exercise your rights, YOU MI PROMPTLY. that are bution of bjects by Court of advise ACT YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO R TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CA GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County t open the judgment if you have a meritorious defense against the person or company that has entere judgment against you. You may also file an petition with the same Court if you are aware of a legal d ect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of he within County to set aside the sale for a grossly inadequate price or for other proper cause. Th s petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding aragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a propos order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the peti on to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 All THAT CERTAIN lot or tract of Cumberland County, Pennsylvania, described as follows, to wit: ground situate in Hampden Townshi more particularly bounded and BEGINNING at a point on the center line of Golfview Road (T--623) at the southeast corner of the Ringswood Subdivision, Section 2; thence by the same, North 03 degrees 28 minutes 09 seconds East, six hundred forty-nine and forty-five hundredths (649.45) feet to a point; thence along the same, North 03 degrees 28 minutes 40 seconds Esat, twenty-nine and sixty-six hundredths (29.66) feet to an iron pipe; thence South 86 degrees 31 minutes seconds East, seventy-three (73.00) feet to an iron pin; thence along a channel, South 10 degrees 27 minutes 52 seconds East, thr hundred ninety-nine and ninety-ore hundredths (399.9?) feet to a point; thence along lands now of Ronald E. Tippett, South 46 degrees 38 minutes 33 seconds West, fifty-six and seventy-nine hundredths (56.79) feet to an iron pin; thence along the same, South 03 degrees 08 minutes 33 seconds East, two hundred fifty-three and twenty hundredths (253.20) feet to a point on the center line of Golfview Road (T-623); thence along the center lir of Golfview Road, (T-623), North 85 degrees 49 minutes 31 seconds West, one hundred fifty-nine and sixty-one hundredths (159.61 fec to the place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 3810 Golfview Drive, Pennsylvania 17055 BEING THE SAME PREMISES WHICH Twila Noble, Executrix of the Estate of Charles E. deed dated 5/23/97 and recorded 5/28/97 in Deed Book 158, Pale 388 ranted and conveyed 1 Gerald T. Phillips, Jr. TO BE SOLD AS THE PROPERTY OF GERALD T. PHILLIPS, JR. ON JUDGMENT 9, by 2002-01302 ASSESSMENT NO. 10-16-1056-010 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVAD.IA) COUNTY OF CUMBERLAND) ' NO 02-1302 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOMESIDE LENDING INC Plaintiff (s) From GERALD T. PHILLIPS, dR (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT: 3810 GOLFVIEW DRIVE, MECHANICSBURG, PA 17050 (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 I paying any debt to or for the account of the defendant (s) and from delivering any property of the defer (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 ; garnishee and is enjoined as above stated. Amount Due $81,776.04 L.L. Interest PER DIUM OF $18.19 TO SALE DATE 12/18/04 = $12,642.05 Atty's Comm Arty Paid $872.90 Plaintiff Paid Date: 7/8/04 (Seal) Due Prothy $1.00 Other CostsLATE CHARGES $28.05 PER MONTH TO SALE DATE 12/04 - $785.40 ESCROW DEFICIT CURTIS R. LONG Prothonotary By: -2n,6 Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: (717) 2344178 Supreme Court ID No. #15700 Real Estate Sale #13 On August 20, 2004 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 3810 Golfview Drive, Mechanicsburg, more fully described on Exhibit "A" C' filed with this writ and by this reference incorporated herein. c ?n Date: August 20, 2004 By: o y Real Estate eputy ,., i ,t S N t13 d -1 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 19th and 26th day(s) of October and the 2nd day(s) of November 2004. 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. `?!. I (' h/(-,A i---- PUBLICATION COPY Sworn to and subscribed befoi'q me h' 17th day of No>,ember 20951 A.D. S A L E # 13 REAL ESTATE NOTARIAL SEAL 1 ?J, . ?i'?° Terry L Russell Notar Pu c ?' SALE No. 13 Writ No. 2002-1302 Civil Tenn . , yy . City of Harrisburg, Dauphin o TARP PUBLIC My Commission Expires June 6 20C Homes: de Vs Lending, Inc. , Mnrnber, Pennsylvania Asaociat' t sion expires June 6, 2006 Gerald T. Phillips, Jr. Atty: Leon P. Haller CUMBERLAND COUNTY SHERIFFS OFFICE DESCRIPTION CUMBERLAND COUNTY COURTHOUSE ALL THAT CERTAIN lot or tract of ground CARLISLE, PA. 17013 situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: Statement of Advertising Costs BEGINNING at a MIlt on the center line of GoNew Road (r-623) at the southeast comer of the Kmgswood Subdivision. Section 2; thence by To THE PATRIOT-NEWS CO. the same, North 03 degrees 28 minutes 09 seconds East, six hundred forty-nine and forty- For publishing the notice or publication attached five hundredths (649.45) feet to a point; thence hereto on the above stated dates 309.43 along the same, North 03 degrees 28 minutes 40 seconds East, twenty-nine and sixty-six hundredths (29.66) feet to an iron pipe; thence South 86 degrees 31 minutes 51 seconds East, Publisher's Receipt for Advertising Cost - The Patriot News C-o., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly naid. seventy-three (73.00) txt to an iron pm; thence along a channel, South 10 degrees 27 minutes 52 seconds East, three hundred ninety-nine and Dinety-one hundredths, (399.91) feet to a point, thence along lands now of Ronald E. Tippen, south 46 degrees 38 minutes 33 seconds West, fifty-sic and seventy-nine hundredths (56.79) feet to an iron pin; thence along the same, South 03 degrees 08 minutes 33 seconds East two hundred fifty-three and twenty hundredths (25310) feet to a point on the center fine of Golfinew Road (T. 623): thence Ataig the emaw line of Gogxiew Road. (T-623), North 85 degtaes 49 inivAn 31 seconds Weal = hnndrW ft aine-and sixty- one huadrtxlts (159.61) feet to the plea of BEGINNING. ' By ................... HAVING thereon erected a dwelling known as 3810 Golfview Drive, Mechanicsburg, PA 17055. BEING the sa%e premises which Twila Noble, Executrix of the Estate of Charles E. Slack, by deed dated 5/23/97 and recorded 5/28/97 m Deed Book 158, Page 388 granted and conveyed unto Gerald T. Phdfips,'r. TO BE SOLD as the property of Gerald T. Phillips, Jr. on Judgment No. 2002-01302. ASSESSMENT NO. 10-16-1056-010. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE 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 OCTOBER 8, 15, 22, 2004 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. 13 K--1 Writ No. 2002-1302 Civil Homeside Lending, Inc. VS. Gerald T. Phillips, Jr. Atty.: Leon P. Haller ALL THAT CERTAIN lot or tract of ground situate in Hampden Town- ship, Cumberland County, Pennsyl- vania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Golfview Road (T-623) at the southeast corner of the Kings- wood Subdivision, Section 2; thence by the same, North 03 degrees 28 minutes 09 seconds East, six hun- dred forty-nine and forty-five hun- dredths (649.45) feet to a point; thence along the same, North 03 de- grees 28 minutes 40 seconds Esat, twenty-nine and sixty-six hun- dredths (29.66) feet. to an iron pipe; thence South 86 degrees 31 min- utes 51 seconds East, seventy-three Marie Coyne/ Editor TO AND SUBSCRIBED before me this 22 day of OCTOBER 2004 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 along a channel, South 10 degrees 27 minutes 52 seconds East, three hundred ninety-nine and ninety-one hundredths (399.91) feet to a point; thence along lands now of Ronald E. Tippett, South 46 degrees 38 minutes 33 seconds West, fifty-six and seventy-nine hundredths (56.79) feet to an iron pin; thence along the same, South 03 degrees 08 minutes 33 seconds East, two hundred fifty- three and twenty hundredths (253- .20) feet to a point on the center line of Golfview Road (T-623); thence along the center line of Golfview Road, (T-623), North 85 degrees 49 minutes 31 seconds West. one hun- dred fifty-nine and sixty-one hun- dredths (159.61 feet to the place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 3810 Golf- view Drive, Mechanicsburg, Penn- sylvania 17055. BEING THE SAME PREMISES WHICH Twila Noble, Executrix of the Estate of Charles E. Slack, by deed dated 5/23/97 and recorded 5/28/97 in Deed Book 158, Page 388 granted and conveyed unto Gerald T. Phillips, Jr. TO BE SOLD AS THE PROP- ERTY of Gerald T. Phillips, Jr. on Judgment No. 2002-01302. ! ASSESSMENT NO. 10-16-1056- 010. y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN IA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Homeside Lending, Inc. ( ) Confessed Judgment ( ) Other File No. 2002-01302 vs. Amount Due $81,776.04 Gerald T. Phillips, Jr. Interest 11/25/03 to 9/7105 13 124.16 Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sal , contract or account based on a confession of judgment, but if it does, it is based on the appropriate original pr , ceeding filed >ursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amend d. Issue writ of execution in the above matter to the Sheriff of Cumberland County or debt, interest and costs, upon the following described property of the defendant(s) , "See Legal Description" PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt terest and , osts, as above, directing attachment against the above-named garnishee(s) for the following pro perty (if real state, supply six copies of the description; supply four copies of lengthy personalty list) nd all other property of the defendant(s) in the possession, custody or control of the said garnish e(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate o the defendant(s) described in the attached exhibit. Date Signature: Print Name: Joseph Rejent, Esqu re Address: 2520 Renaissance Blvd , Ste.150 King of Prussia, PA 940.6 Attorney for: Plaintiff 59621 (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. `13 n 2 1 , e U U?N (n( N C_- V '? O T c ri -o m CD Co ( -`' ;-) C7 C!+ K ALL THAT CERTAIN lot or tract of ground situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Golfview Road (T--623) at the Southeast cor the Kingswood Subdivision, Section 2; thence by the same, North 03 degrees 28 minutes 1 seconds East, six hundred forty-nine and forty-five hundredths (649.45) feet to a point; the along the same, North 03 degrees 28 minutes 40 seconds East, twenty-nine and sixty-six hundredths (29.66) feet to an iron pipe; thence South 86 degrees 31 minutes 51 seconds E< seventy-three (73.00) feet to an iron pin; thence along a channel, South 10 degrees 27 mini seconds East, three hundred ninety-nine and ninety-one hundredths (399.91) feet to a point thence along lands now of Ronald E. Tippett, South 46 degrees 38 minutes 33 seconds We fifty-six and seventy-nine hundredths (56.79) feet to an iron pin; thence along the same, Sc degrees 08 minutes 33 seconds East, two hundred fifty-three and twenty hundredths (253.2 to a point on the center line of Golfview Road (T-623); thence along the center line of Goli Road, (T-623), North 85 degrees 49 minutes 31 seconds West, one-hundred fifty-nine and one hundredths (159.61) feet to the place of BEGINNING. of 52 h 03 feet N n ?T c N WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N002-1302 Civil CIVIL ACTION-LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Homeside Lending, Inc. Plaintiff (s) From Gerald T. Phillips, Jr. (1) You are directed to levy upon the property of the defendant (s)and to sell see legal descrip (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 fro paying any debt to or for the account of the defendant (s) and from delivering any property of the defend. (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 garnishee and is enjoined as above stated. Amount Due $81,776.04 L.L. Interest 11/25/03 to 9/7/05 $13,124.16 Any's Comm % Atty Paid $15.00 pd ally Rejent $1,666.88 pd atty Haller Other Costs Plaintiff Paid Date: April 28, 2005 (Seal) REQUESTING PARTY: Name Joseph Rejent, Esq. Address: 2520 Renaissance Blvd., Ste. 150 King of Prussia, PA 19406 Attorney for: Plaintiff Telephone: 610-278-6800 ext. 248 Supreme Court ID No. 59621 Due Prothy $1.00 CURTIS R. LONG Prothonotary By: Deputy 05_ UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: GERALD T. PHILLIPS SUSAN L L. PHILLIPS CHAPTER13 CASE NO.: 1-04-bk-07272 Debtor(s) ORDER DISMISSING CASE Upon consideration of Trustee's Motion to Dismiss for failure to file neces ary documents and Debtor's failure to timely respond to same, and it having been determ ned that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all Pending -1N1ersary proceedings in thig rasp ha an,rl thow no phv are dismissed, and it is further ORDERED that anyoutstanding fees are immediatelydue and payable to the S. Bankruptcy Court. Dated: March 16, 2005 El, the Cutu t. 1 I ? ' t t3tutl?ru)tli{ Jutlac Jt,? C > _ cn?? C, ? ,r 'i7 ?ii;? ti -.? _ N nC _ W +. lf? ' '. L l ? ?i n ?."_; C) rn -- ?` c ? cv SHAPIRO & KREISMAN, LLC BY: JOSEPH REJENT, ESQUIRE ATTORNEY I.D. NO: 59621 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23509 Homeside Lending, Inc. PLAINTIFF VS. Gerald T. Phillips, Jr. DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2002-01302 AFFIDAVIT PURSUANT TO RULE 3129.1 Homeside Lending, Inc., 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 3810 Golfview Drive, Mechanicsburg, PA 17050. Name and address of Owner(s) or Reputed Owner(s) Gerald T. Phillips, Jr. 3810 Golfview Drive Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: Gerald T. Phillips, Jr. 3810 Golfview Drive Mechanicsburg, PA 17050 Name and last known address of every judgment creditor whose judgment is a on the real property to be sold: Homeside Lending, Inc. 8120 Nationsway, Building 100 Jacksonville, FL 32256 SICO Company P.O. Box 302 Mt. Joy, PA 17552 lien PA Bureau of Compliance Dept. 280946 Harrisburg, PA 17128 Associated Products Services, Inc. 2 East Road P.O. Box 231 Mechanicsburg, PA 17050 4. Name and address of the last recorded holder of every mortgage of record: Homeside Lending, Inc., 8120 Nationsway, Building 100 Jacksonville, FL 32256 Secretary of Housing & Urban Development 451 Seventh Street, SW Washington D.C., 20410 Conseco Finance Consumer Discount Company (address to be supplied) 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Name and address of every other person of whom the plaintiff has knowledge who any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 3810 Golfview Drive Mechanicsburg, PA 17050 I verify that the statements made in this affidavit are true and correct to the best of personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification authorities. SHAPIRO & KREISMAN, LLC BY: (JL1 QV Jo ep Rejen , Esquire 05-23509 O ^? rn N CO -2 C5 W SHAPIRO & KREISMAN, LLC BY: JOSEPH REJENT, ESQUIRE ATTORNEY I.D. NO: 59621 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23509 Washington Mutual Bank, FA PLAINTIFF vs. Gerald T. Phillips, Jr. DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2002-01302 CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 ((:1(2) I, Laura King, Legal Assistant for Shapiro & Kreisman, iLLC, attorneys for the Plaintiff, Washington Mutual Bank, FA, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on June 24, 2005, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & KREISMAN, LLC BY: Laura King Legal Assistant 05-23509 w a m ?= m N A W N O co W -l 0) (n A W N (n g°3 ° ,oc ; m y?m m? m C o ? m° ? zy . ?h 0 1 G a? 0 ^ m D M, 1? G ?'z y 7rC O ^ Y ? y C m N a? I O G l 47z 4 \. (?.? ? o0o a ` 6 g 7 m osn 1 4 - ' Z, n m y C ? o 3 m - ° to ???? nw ?9»>>>3 mn ?_. a y a' o mS0%a"°? ,c n m _. pH. m29 G? m g %c ?_°°a g i 3 d m me 'D 3' ? H ??ya3 o n m 825 ?S.g ml mmc aa. ? El . m .n $p m' ? z UNlif a4S? '" m ° ? b 40i F J^ N I? n p 3 v ? J !' 4 '' ? ? m mx ? ? m 3 ? , C v ? n S ? ?c m r x1 p 3 3a"sum m A c ,,, ? 1 Z'' „a, ma B ??o' 3 ?? 3 3 m m' ?y a gSg m3 ? r, p$ mn _ ?dm m ro fi $ ? n f o n 3 ? Q ? °n z`m 3?E' I t nn C^ 0 P2 ?mm3Qn A' ? ?; m= ?o ? a x 3 3P-t AO ].1x1 Dm w B n d ? '3 m mm T my .¢ om o Ono 2 m ,G °D ? m ^aI o l2 ym'?c m,-msg= m m K F O O w A 3 z a I ?a W I I I T CPI t 1 , p? ? m +Jt I 1 I I t Y I?"", ".''? 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N O N N Oi W a_ N O O N r n d LL N r m M 0 LL N a Z m WI N m ?' A 4 T O 90 J 6 N k O Z' ?.dA m 1 m',? 3 A m Q ? C ry n Jv';W m A o O ??_ 111 m \ n V F 60 of C ?msp s go, ga 6 SL U-0 l) ? I , Y i Z\1'i mag0 l v NHt111? _ _ _ _ ZV nm, a ? I<NI m O .., UNltpt; m confirmot9t9n m , 'TS m n 1 11 ($e ? m x, - coeiff%ersaate,00 ire m o T A' eceo p?gy?citw `E 6aP De{ive Re`StA'j?tfp _ fr M m A'i Return'', Rec.eiot o gss EvI jig W Hoag, r> -n L ,r. N a N 0 m N d N O O N N J n` m LL r A M E LL a SHAPIRO & KREISMAN, LLC BY: JOSEPH REJENT, ESQUIRE ATTORNEY I.D. NO: 59621 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23509 Homeside Lending, Inc. PLAINTIFF VS. Gerald T. Phillips, Jr. DEFENDANTS Homeside Lending, Inc., sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 3810 Golfview Drive, Mechanicsburg, PA 17050. Name and address of Owner(s) or Reputed Owner(s) Gerald T. Phillips, Jr. 3810 Golfview Drive Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: Gerald T. Phillips, Jr. 3810 Golfview Drive Mechanicsburg, PA 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Homeside Lending, Inc. 8120 Nationsway, Building 100 Jacksonville, FL 32256 SICO Company P.O. Box 302 Mt. Joy, PA 17552 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2002-01302 PA Bureau of Compliance Dept. 280946 Harrisburg, PA 17128 Cumberland County Adult Probation One Courthouse Square Carlisle, PA 17013-3387 Associated Products Services, Inc. 2 East Road P.O. Box 231 Mechanicsburg, PA 17050 4. Name and address of the last recorded holder of every mortgage of record: Homeside Lending, Inc., 8120 Nationsway, Building 100 Jacksonville, FL 32256 Secretary of Housing & Urban Development 451 Seventh Street, SW Washington D.C., 20410 Conseco Finance Consumer Discount Company 7360 South Kyrene Road Tempe, AZ 85283 5. Name and address of every other person who has any record lien on the property: 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: Cumberland County Domestic Relations 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 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: TENANT OR OCCUPANT 3810 Golfview Drive Mechanicsburg, PA 17050 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. Section 4904 relating to unworn falsification to authorities. SHAPIRO & KREISMAN, LLC BY: UM/ Q-// 3o ep Rejen , squire 05-23509 r?> C" cn --t - ? .,1 7 +: 7 a1T1 < co SHAPIRO & KREISMAN, LLC BY: JOSEPH REJENT, ESQUIRE ATTORNEY I.D. NO: 59621 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23509 Washington Mutual Bank, FA PLAINTIFF VS. ; Gerald T. Phillips, Jr. DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2002-01302 CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Jenna Sharkey, Legal Assistant for Shapiro & Kreisman, LLC, attorneys for the Plaintiff, Washington Mutual Bank, FA, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on July 29, 2005, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & KREISMAN, LLC BY: aura King Legal Assistant 05-23509 a " oq? u; t? , o o =G w-1 g ` ;d a• s n 9 J m m?g a a ?e o. t 0 3 ?s r r 1` 1 Cl) d N r S r r O r J m M r d ? N N r V? ?7 O Cµ -n _ 73 i 11 -OM p ,.: W (Dm Homeside Lending, Inc. The Court of Common Pleas of VS Cumberland County, Pennsylvania Gerald T. Phillips, Jr. Writ No. 2002-1302 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 18, 2005 at 7:23 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: Gerald T. Phillips, Jr., by making known unto Susan Phillips, wife of Gerald T. Phillips, Jr., at 3810 Golfview Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on July 14, 2005 at 4:08 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 Gerald T. Phillips, Jr., located at 3810 Golfview Drive, Mechanicsburg, 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 defendant, to wit: Gerald T. Phillips, Jr., by regular mail to his last known address of 3810 Golfview Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of July 01, 2005 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 Joseph Rejent. Sheriffs Costs: Docketing 30.00 Poundage 15.11 Posting Handbills 15.00 Advertising 15.00 Prothonotary 1.00 Mileage 22.40 Certified Mail 4.12 Levy 15.00 Surcharge 20.00 7-2151 /7 4J Law Journal 317.00 Patriot News 277.94 Share of Bills 18.20 Postpone Sale 20.00 $ 770.77 Sworn and subscribed to before me This ? day of i6etz? 2005, A.D. 1j r thonotary So Ans rs R. Thomas Kline, Sheriff BY J Ivtit? Real Estat ergeant BY: JOSEPH REJENT, ESQUIRE ATTORNEY I.D. NO: 59621 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23509 Homeside Lending, Inc. ; PLAINTIFF vs. Gerald T. Phillips, Jr. DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2002-01302 AFFIDAVIT PURSUANT TO RULE 3129.1 Homeside Lending, Inc., 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 3810 Golfview Drive, Mechanicsburg, PA 17050. Name and address of Owner(s) or Reputed Owner(s) Gerald T. Phillips, Jr. 3810 Golfview Drive iviechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: Gerald T. Phillips, Jr. 3810 Golfview Drive Mechanicsburg, PA 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Homeside Lending, Inc. 8120 Nationsway, Building 100 Jacksonville, FL 32256 SICO Company P.O. Box 302 Mt. Joy, PA 17552 PA Bureau of Compliance Dept. 280946 Harrisburg, PA 17129 2 East Road P.O. Box 231 Mechanicsburg, PA 17050 4. Name and address of the last recorded holder of every mortgage of record: Homeside Lending, Inc., 8120 Nationsway, Building 100 Jacksonville, FL 32256 Secretary of Housing & Urban Development 451 Seventh Street, SW Washington D.C., 20410 Conseco Finance Consumer Discount Company (address to be supplied.) 5. Name and address of every other person who has any record lien on the property: 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: Cumberland County Domestic Relations 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 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: TENANT OR OCCUPANT 3810 Golfview Drive Mechanicsburg, PA 17050 personal knowledge or inforn?_ation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & KREISMAN, LLC BY: Joep Rejen , Esquire 05-23509 SHAPIRO & KREISMAN, LLC BY: JOSEPH REJENT, ESQUIRE ATTORNEY I.D. NO: 59621 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23509 Homeside Lending, Inc. PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ; Gerald T. Phillips, Jr. NO: 2002-01302 DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Gerald T. Phillips, Jr. 3810 Golfview Drive Mechanicsburg, PA 17050 Your house (real estate) at: 3810 Golfview Drive, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriffs Sale on September 7, 2005 at: Cumberland County Sheriff One Courthouse Square Carlisle, PA 17013 at 10:00 AM, to enforce the court judgment of $81,776.04 obtained by Homeside Lending, Inc. against you. NOTICE OF OWNER'S RIGHTS To prevent this Sheriffs Sale you must take immediate action: The sale will be cancelled if you pay back to Homeside Lending, Inc. the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 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. You may 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 of 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. 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 (610) 278-6800. 5. 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. 6. 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. 7. 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. 8. You have a 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. 9. 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 no later than thirty days (30) after the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house 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 Lawyer Referral Service Telephone: 717-249-3166 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 05-23509 ALL THAT CERTAIN lot or tract of ground situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Golfview Road (T--623) at the Southeast corner of the Kingswood Subdivision, Section 2; thence by the same, North 03 degrees 28 minutes 09 seconds East, six hundred forty-nine and forty-five hundredths (649.45) feet to a point; thence along the same, North 03 degrees 28 minutes 40 seconds East, twenty-nine and sixty-six hundredths (29.66) feet to an iron pipe; thence South 86 degrees 31 minutes 51 seconds East, seventy-three (73.00) feet to an iron pin; thence along a channel, South 10 degrees 27 minutes 52 seconds East, three hundred ninety-nine and ninety-one hundredths (399.91) feet to a point; thence along lands now of Ronald E. Tippett, South 46 degrees 38 minutes 33 seconds West, fifty-six and seventy-nine hundredths (56.79) feet to an iron pin; thence along the same, South 03 degrees 08 minutes 33 seconds East, two hundred fifty-three and twenty hundredths (253.20) feet to a point on the center line of Golfview Road (T-623); thence along the center line of Golfview Road, (T-623), North 85 degrees 49 minutes 31 seconds West, one-hundred fifty-nine and sixty- one hundredths (159.61) feet to the place of BEGINNING. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N002-1302 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Homeside Lending, Inc. Plaintiff (s) From Gerald T. Phillips, Jr. (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $81,776.04 L.L. Interest 11/25/03 to 9/7/05 $13,124.16 Airy's Comm % Due Prothy $1.00 Arty Paid $15.00 pd atty Rejent $1,666.88 pd atty Haller Other Costs Plaintiff Paid Date: April 28, 2005 CURTIS R. LONG Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name Joseph Rejent, Esq. Address: 2520 Renaissance Blvd., Ste. 150 King of Prussia, PA 19406 Attorney for: Plaintiff Telephone: 610-278-6800 ext. 248 Supreme Court ID No. 59621 Real Estate Sale #33 On May 09, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 3810 Golfview Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein Date: May 09, 2005 By:?J Real Estat Deputy 91 --E d 8 Z lldb SOOT IR) =;7 9a `Vs ' ?? , Ail JuS -1% 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 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 Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 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 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 Sworn to and SALE #33 before nretlais 16W N O My commission expires June 6, 2006 ?O?a ?oa/ CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 277.94 REAL ESTATE SALE No. 33 WrIt No. 2002-1302 Chtll Tenn Homeside Lending, Inc. VS. Gerald T. Phillips, Jr. Atty.: Leon Haller DESCRIPTION ALL THAT CERTAIN lot a tract of ground situate in Hampton Township, Cumberland Canty, Pennsylvania, mane particularly bounded and described as follows,m wit BEG94NING at a poim on the center lice of Golfview Road (T623) at the Southeast comer of the Kmgswood Subdivision, Section 2; theme by the same, North 03 degrees 28 minmes 09 seconds East, six hundred forty nine and forty five- hundredths (64945) fret to a point; these slag the same,North 03 degrees 28 minutes 40 seconds East,twentynice and sixty sic-hundredths (2036) fed to an iron pipe; thence South 86 degrees 31 minutes 51 seconds East, seventy three (7300) feet to ao iron pin; thence along a channel, South 10 degrees 27 minutes 52 seconds East, three hundred ninety nine and windy onse-hundredths (39991) feet to apoint; thence along lands now of RoaldE.Tippett,South46deAas38miams 33 seconds West, fifty six and seventy now, hundredths (56.79) fret to an icon pin; thence along the same, South O?degrees 08 animates 33 seconds East, two huadted-fifty three and twenty- hundredths (25320) feet to a point no, the tenter lice of Goliview Road (T623); thence along the center line of Golfview Road, (T623), North 85 degrees 49 minutes 31 seconds West, ore hundred fdry nine and sixty oce?frrodredths (159.61) fed to the place of WINNING. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 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, July 15, 22, 29, 2005 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. j sa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 29 day of July, 2005 LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2'009 REAL ESTATE SALE NO. 33 Writ No. 2002-1302 Civil Homeside Lending, Inc. VS. Gerald T. Phillips, Jr. Atty.: Leon P. Haller ALL THAT CERTAIN lot or tract of ground situate in Hampden Town- ship, Cumberland County, Pennsyl- vania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Golfvlew Road (T-623) at the Southeast corner of the Kingswood Subdivision, Section 2; thence by the same, North 03 de- grees 28 minutes 09 seconds East, six hundred forty-nine and forty-five hundredths (649.45) feet to a point; thence along the same, North 03 degrees 28 minutes 40 seconds East, twenty-nine and sixty-six hun- dredths (29.66) feet to an iron pipe; thence South 86 degrees 31 min- utes 51 seconds East, seventy-three (73.00) feet to an iron pin; thence along a channel, South 10 degrees 27 minutes 52 seconds East, three hundred ninety-nine and ninety-one hundredths (399.91) feet to a point; thence along lands now of Ronald E. Tippett, South 46 degrees 38 minutes 33 seconds West, fifty-six and seventy-nine hundredths (56.79) feet to an iron pin; thence along the same, South 03 degrees 08 minutes 33 seconds East, two hundred fifty-three and twenty hun- dredths (253.20) feet to a point on the center fine of Golfview Road IT- 623); thence along the center line of Golfview Road, (T-623), North 85 degrees 49 minutes 31 seconds West, one-hundred fifty-nine and sixty-one hundredths (159.61) feet to the place of BEGINNING. Homeside Lending, Inc. Plaintiff IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY Gerald T. Phillips, Jr. Defendant No. 2002-01302 PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To The Prothonotary: Issue Writ of Execution in the above matter: Amount Due Interest from November 25, 2003 to June 7, 2006 (Costs to be added) $81,776.04 $18,648.00 jQii Jo ep Rejen , Esquire, Attorney for Plaintiff Q Or ter cY vt L4 if) CJ Q S cJ w a b H ? a 'r a ? q d '' Q d o ? ? ? d ? pew o ? w °z. ,°o ? tt C7 ? pW, ',?C uA 0 00? ? °os UW O N ? ? ? N °.°, d W x v ? ? W F x ?a a WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1302 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOMESIDE LENDING, INC., Plaintiff (s) From GERALD T. PHILLIPS, JR. (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 $81,776.04 Interest FROM 11/25/03 TO 6/7/06 - $18,648.00 Atty's Comm % Atty Paid $2482.65 Plaintiff Paid Date: MARCH 1, 2006 L.L. Due Prothy $1.00 Other Costs l? < Pr6thonotary (Seal) By: Deputy REQUESTING PARTY: Name JOSEPH REJENT, ESQUIRE Address: SHAPIRO & KREISMAN, LLC 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 59621 ALL THAT CERTAIN lot or tract of ground situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Golfview Road (T--623) at the Southeast corner of the Kingswood Subdivision, Section 2; thence by the same, North 03 degrees 28 minutes 09 seconds East, six hundred forty-nine and forty-five hundredths (649.45) feet to a point; thence along the same, North 03 degrees 28 minutes 40 seconds East, twenty-nine and sixty-six hundredths (29.66) feet to an iron pipe; thence South 86 degrees 31 minutes 51 seconds East, seventy-three (73.00) feet to an iron pin; thence along a channel, South 10 degrees 27 minutes 52 seconds East, three hundred ninety-nine and ninety-one hundredths (399.91) feet to a point; thence along lands now of Ronald E. Tippett, South 46 degrees 38 minutes 33 seconds West, fifty-six and seventy-nine hundredths (56.79) feet to an iron pin; thence along the same, South 03 degrees 08 minutes 33 seconds East, two hundred fifty-three and twenty hundredths (253.20) feet to a point on the center line of Golf-view Road (T-623); thence along the center line of Golfview Road, (T-623), North 85 degrees 49 minutes 31 seconds West, one-hundred fifty-nine and sixty- one hundredths (159.61) feet to the place of BEGINNING. SHAPIRO & KREISMAN, LLC BY: JOSEPH REJENT, ESQUIRE ATTORNEY I.D. NO: 59621 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23509 Homeside Lending, Inc. PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. Gerald T. Phillips, Jr. DEFENDANTS NO: 2002-01302 AFFIDAVIT PURSUANT TO RULE 3129.1 Homeside Lending, Inc., 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 3810 Golfview Drive, Mechanicsburg, PA 17050. Name and address of Owner(s) or Reputed Owner(s) Gerald T. Phillips, Jr. 3810 Golfview Drive Mechanicsburg, PA 17050 Name and address of Defendant(s) in the judgment: Gerald T. Phillips, Jr. 3810 Golfview Drive Mechanicsburg, PA 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Homeside Lending, Inc. 8120 Nationsway, Building 100 Jacksonville, FL 32256 SICO Company P.O. Box 302 Mt. Joy, PA 17552 PA Bureau of Compliance Dept. 280946 Harrisburg, PA 17128 Cumberland County Adult Probation One Courthouse Square Carlisle, PA 17013-3387 Associated Products Services, Inc. 2 East Road P.O. Box 231 Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: Homeside Lending, Inc., 8120 Nationsway, Building 100 Jacksonville, FL 32256 Secretary of Housing & Urban Development 451 Seventh Street, SW Washington D.C., 20410 Conseco Finance Consumer Discount Company 7360 South Kyrene Road Tempe, AZ 85283 Name and address of every other person who has any record lien on the property: 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: Cumberland County Domestic Relations 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 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: TENANT OR OCCUPANT 3810 Golfview Drive Mechanicsburg, PA 17050 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. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & KREISMAN, LLC BY: ? ? Q, Jo ep Reje , Esquire 05-23509 ,. SHAPIRO & KREISMAN, LLC BY: JOSEPH REJENT, ESQUIRE ATTORNEY I.D. NO: 59621 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23509 Homeside Lending, Inc. ; PLAINTIFF vs. Gerald T. Phillips, Jr. ; DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2002-01302 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Gerald T. Phillips, Jr. 3810 Golfview Drive Mechanicsburg, PA 17050 Your house (real estate) at: 3810 Golfview Drive, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriffs Sale on June 7, 2006 at: Cumberland County Sheriff One Courthouse Square Carlisle, PA 17013 at 10:00 AM, to enforce the court judgment of $81,776.04 obtained by Homeside Lending, Inc. against you. NOTICE OF OWNER'S RIGHTS To prevent this Sheriffs Sale you must take immediate action: The sale will be cancelled if you pay back to Homeside Lending, Inc. the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 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 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 of 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. 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 (610) 278-6800. 5. 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. 6. 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. 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. 8. You have a 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. 9. 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 no later than thirty days (30) after the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house 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 Lawyer Referral Service Telephone: 717-249-3166 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 05-23509 ALL THAT CERTAIN lot or tract of ground situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Golfview Road (T--623) at the Southeast corner of the Kingswood Subdivision, Section 2; thence by the same, North 03 degrees 28 minutes 09 seconds East, six hundred forty-nine and forty-five hundredths (649.45) feet to a point; thence along the same, North 03 degrees 28 minutes 40 seconds East, twenty-nine and sixty-six hundredths (29.66) feet to an iron pipe; thence South 86 degrees 31 minutes 51 seconds East, seventy-three (73.00) feet to an iron pin; thence along a channel, South 10 degrees 27 minutes 52 seconds East, three hundred ninety-nine and ninety-one hundredths (399.91) feet to a point; thence along lands now of Ronald E. Tippett, South 46 degrees 38 minutes 33 seconds West, fifty-six and seventy-nine hundredths (56.79) feet to an iron pin; thence along the same, South 03 degrees 08 minutes 33 seconds East, two hundred fifty-three and twenty hundredths (253.20) feet to a point on the center line of Golfview Road (T-623); thence along the center line of Golfview Road, (T-623), North 85 degrees 49 minutes 31 seconds West, one-hundred fifty-nine and sixty- one hundredths (159.61) feet to the place of BEGINNING. ?' ti :, T t SHAPIRO & KREISMAN, LLC BY: JOSEPH REJENT, ESQUIRE ATTORNEY I.D. NO: 59621 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23509 Washington Mutual Bank, FA PLAINTIFF vs. Gerald T. Phillips, Jr. DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2002-01302 CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Heather Doyle, Legal Assistant for Shapiro & Kreisman, LLC, attorneys for the Plaintiff, Washington Mutual Bank, FA, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on March 22, 2006, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & KREISMAN, LLC BY: Heather Doyle Legal Assistant 05-23509 t m ??m N W s tmNl? m ? m N 6 ? W } O r a ? N ny 1 W m m ?q y as 1? "yJ C, ? i- ? m w ? m c W N W O i .. 4? N V 1? l \ r O p p, P N f 6 ? A . o f ?J Q ? 1 p?3 nm o n a i ? 9 vJ mfo `O 'o ?? t? 3 -}J ? i 9 Q O ? s _C m w _ '? ! m m O , \ ({ c m a `o m N?o Cmm ? 3:. m?sq a 4; ? ? a ?3 ? A pm o ? m m s mv pp„ „ _ c dN?N O_a .I?r TD 6 ?. H O?'MJ `N ? /4A ?BN a _. >N? 'm?m ? iN1 t a, n N Z So W, N . p d _WCCW9 O ?=?N ?_ E- W G O T •; yy J W .? w § m?m mm p- m n ? NH"Q ?5?0 ?c ?x N3 .? ?Ylo mo g Q 44 3 o g c W 64 ?? N ? pX? ? v m K X qN% W NN ? ? 6m N 22 q Po N ? $ w W_?mn'?'p N T w n v co m A W N (D co J m N O _ L H o m A Cl) m v oY l N Q m„ f a -? d `G x O o m m 9 >>3cm?m o,a_N?yms b m. dm 2?m , v - 93- 0 m d . 2 m - y? N N 7 ~ ? ± ?ma3 od m n `? n ° 'o m m'?3 0$ n3o p NJ.N n? N o °n R m ?m 3a m 3 m ? m NH m'mo m a 3 a 3 m o o 3 m n m 3 Nd? 3yC o? -o m No _ 0. c u N a c @j ? 1 y n a ? ' o?36g? a n n q 33 MS 3 -mom o°' fi9W '?c NN0NC o N 'm D? mosi° nmN°T sam co ?A d N ? a ( n 1 n V w J w ????? ? - i ,g' osvm°r, ( _ m o?$a,2 ._. t m d N y N - N F1 1-10 A / ?.. ? m 9 / m 3 m -- T? . / ) = T o m m ? n n a m n m 00 ? 0 y S D 1; ?w O o _ m n <? m X w fti ..: ,qA rt ? T. ±1 C' Z _ n "Z, O ?? O' =m P m _ Fro Oa c mN a Tm n m a N O C7 N 3 N p m X Q ^ N ti ?? m a?d 3 a- dv m O ? N N m rp to O W N ? 0'3 d 0 - 3 T(n ? ? N ? m N] C boa A 3 H C7 ? , -? _r.i ir:? ? .. : c?,,, ?5 _- Cw '"< SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23509 Washington Mutual Bank, FA ; PLAINTIFF VS. Gerald T. Phillips, Jr. DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2002-01302 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Shapiro & Kreisman, LLC, moves this Honorable Court for an Order directing service of the Notice of Sale and all subsequent pleadings upon the above- captioned Defendant(s) by regular mail and certified mail and by posting of the mortgaged premises which is the subject of the above-captioned mortgage foreclosure action and in support thereof avers the following: The Plaintiff has been unable to serve the Notice of Sale. A true and correct copy of the Plaintiffs Return of Service is attached hereto as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 3. The last known address of each defendant is as set forth in Exhibits "A" and "B". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale and all subsequent pleadings by regular mail and certified mail and by posting of the mortgaged premises located at 3810 Golfview Drive, Mechanicsburg, PA 17055. & KREISMAN, BY: Lauren R. Tabas, Esq Attorney for Plaintiff S&K: 05-23509 VERIFICATION Lauren R. Tabas, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE. NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: ?1a2 SHAPIRO & KREISMAN, LLC BY: S&K: 05-23509 Attorney for Plaintiff SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23509 Washington Mutual Bank, FA ; PLAINTIFF VS. Gerald T. Phillips, Jr. DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2002-01302 MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the Plaintiff may move the Court for a special Order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note A Sheriffs Return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of a good faith effort to locate the Defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As set forth in the Plaintiffs Return of Service, marked Exhibit "A", the Sheriff has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests service of the Notice of Sale and all subsequent pleadings by regular mail and certified mail and by posting of the mortgaged premises by the Sheriff. Date: O?Q BY Attorney for Plaintiff SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23509 Washington Mutual Bank, FA ; PLAINTIFF ; VS. Gerald T. Phillips, Jr. DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2002-01302 The following efforts marked with an "X" have been attempted by counsel for the moving party: Prerequisites: Attempted Sheriff service at all know addresses Examination of motor vehicle records Inquiry of postal authority Examination of local phone directories Discretionary Efforts: Examination of local tax records Examination of voter registration records Inquiry of relatives, neighbors, friends and employers of defendant(s) Other: The court will not consider a motion for special service pursuant to Pa.R.C.P. 430(a) until an affidavit is submitted to Chambers indicating that all prerequisites have been attempted, and at least one discretionary effort. biek- A" Homeside Lending, Inc. vs. Gerald T. Phillips, Jr. Plaintiff Defendant Person to be served (Name & Address): Gerald T. Phillips, Jr. 1008 Piketown Rd., Harrisburg, PA 17112 Attorney: File#:05-23509 Ilana zion, Esquire Shapiro & Kreisman, LLC 3600 Horizon Dr., Suite 150 King of Prussia , PA 19406 Ph: 610-278-6800 Papers Served: Notice of Sheriffs Sale Service Data: / Served Successfully Not Served V Delivered a copy to him / her personally Left a copy at his/her dwelling place or usual place of abode by delivering same to a competent household member over 14 years of age residing therein (indicate name & relationship at right) Left a copy with a person authorized to accept service, e.g., managing agent, registered agent, etc. (Indicate name & official title at right) Description of Person Accepting Service: Sex: Age: Height: Weight: Unserved: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 2002-01302 AFFIDAVIT OF SERVICE (For Use by Private Service) Cost of Service pursuant to R. 4:4-3(c) Date: -RO-OG Time: / Name of Person Served and relationship / title: Actual place of service: 1008 Piketown Rd., Harrisburg, PA 17112 Skin Color: Hair Color: efendant is unknown at the address furnished by the attorney All reasonable inquiries suggest defendant moved to an undetermined address No such street in municipality No response on: 01-0-Mate :5` 1 Time Date Time Date Time Other:14049C t ; UG Cin + Comments or Remarks Server Data: ribed Sw n to me this I' cv' l T,? 6 ? f s was at the time of service a competent adult not having a direct f Interest in the litigation. I declare under i penalty of perjury that the foregoing is true and correct. Name of Notary /Default Express Services, Inc. - (Our File: 605) ?n 13000 RT. 73, Suite 107, Four Greentree Centre, Marlton, NJ 08053 856.985.3340 Commission Expires Jijne f d,?? Homeside Lending, Inc. VS Gerald T. Phillips Jr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-1302 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Gerald T. Phillips Jr., but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant Gerald T. Phillip. Defendant does not reside at 3810 Golfview Dr., Mechanicsburg, Pe snne y vama. post office check revealed a forwarding address of a Mechanicsburg post office box number. The address used by the defendant to retain the post office box number was 29 East Keller Street, Mechanicsburg, Pennsylvania. The house located at 29 East Keller Street, Mechanicsburg, Pennsylvania is now vacant. The neighbor of that address advised our deputies that he helped Gerald Phillips Jr. load his belongings in a vehicle so that Mr. Phillips could relocate; but, the neighbor does not know where Mr. Phillips is relocating. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 11, 2006 at 8:28 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Gerald T. Phillips, Jr. located at 3810 Golfview Drive, Mechanicsburg, Pennsylvania, according to law. Sworn and subscribed to before me This day of 2006, A.D Prothonotary So Answers R. Thomas Kline, Sheriff BY Real Estat rgeant DefAUlt Express Services, Inc. • 13000 Route 73 Stake 107 Four Greenxree Center Marlton, .NJ 080 3 Phone: :856-08513340 Fax: 856-985-3342 iufo?a;defaultex?res? ?o:m?: File # 2234 Firm Shapiro & Kreisman Subject: Gerald T. Phillips, Jr Current Address 1008 Piketown Rd. Harrisburg, PA 17112 Property Address 3810 Golfview Dr. Mechanicsburg, PA 17055 Mailing Address: 1008 Piketown Rd. Harrisburg, PA 17112 I Steven M. Ruffo,being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above noted individual(s) 5/16/06 and have discovered the following I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following to be true and correct Gerald T. Phillips, Jr - 156-54-7186 B. EMPLOYMENT SEARCH Gerald T. Phillips, Jr - Our Office was unable to verify the employment information on the credit report. C. INQUIRY OF CREDITORS On 5/16/06 our inquiry with the creditors indicate that Gerald T. Phillips, Jr reside(s) at 1008 Piketown Rd. Harrisburg, PA 17112 II. INQUIRY OF TELEPHONE COMPANY A.DIRECTORY ASSISTANCE SEARCH On 5/16/06 our inquiry with the Directory Assistance indicated that Gerald T. Phillips, Jr reside(s) at 1008 Piketown Rd. Harrisburg, PA 17112 non pubished. Our office could not reach the mortgagor due to the non published number. III. INQUIRY OF NEIGHBORS Using our Whitepages database on 5/16/06 we were unable to verify the current address with any of the Neighbors within ten houses of the above referenced subject. IV. INQUIRY OF POSTOFFICE A. NATIONAL ADDRESS UPDATE Our inquiry with National Address database on 5/16/06 indicates the following is correct Gerald T. Phillips, Jr - 1008 Piketown Rd. Harrisburg, PA 17112 B. ADDITIONAL ACTIVE MAILING ADDRESS Our investigation could not find Another active mailing address V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the Pennsylvania Department of motor vehicle Gerald T. Phillips, Jr has a valid identification registered with the state. VI. OTHER INQUIRIES A. DEATH RECORDS As of 5/16/06 Vital records has no death records on file for Gerald T. Phillips, Jr B. PUBLIC LISCENSES (PILOT, REAL ESTATE ETC.) Our investigation could not find Public licenses/ records for the mortgagor C. COUNTY VOTER REGISTRATION The Cumberland Cnty voter registration would only indicate a registration for Gerald T. Phillips, Jr D. INTERNET All accessible public databases have been checked and cross-referenced for the above named individual(s). E. TAX ASSESSMENT OFFICE On 5/16/06 our office conducted a search of the following tax records which showed the following : See Attached VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Gerald T. Phillips, Jr - 2/27/58 B. AKA Gerald T. Phillips, Jr - none The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities I hereby verify that the statemants made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 a.C. . Sec 4904 relating to unsworn falsification to authorities. Laz?- M !. A IANT Steven M.R ffo Default Express Services, INC. President Sworn to and subscribed before me this 16th day of May 2005 NOTARIAL SEAL Joseph J. Sarocy Notary Public of New Jersey Commission Expires 10/20/2009 +NT PU LIC Defxult`Expreee Seiv "s, inc. 1?OdQ ?tbwt? 73'Suife?'70? Four Greeatree;Cenjor ??tFton, HJ ti805 i ?fo?d a?? ??cpres??ca m PENNSYLVANIA DEPARTMENT OF TRANSPORTATION PAGE 1 BUREAU OF DRIVER LICENSING BASIC DRIVER INFORMATION MAY 12 2006 DRIVER: GERALD T PHILLIPS JR DRIVER LICENSE NO : 18670606 3810 GOLFVIEW DRIVE DATE OF BIRTH : FEB 27 1958 MECHANICSBURG, PA 17050 SEX : MATE RECORD TYPE : REG LIC/ID DRIVER LICENSE (DL) LICENSE CLASS : C LICENSE ISSUE DATE: JUN 08 2001 LICENSE EXPIRES : FEB 28 2005 ORIG ISSUE DATE : JUL 19 1997 MED RESTRICTIONS : NONE LEARNER PERMITS LICENSE STATUS : COMMERCIAL DRIVER LICENSE (CDL) CDL LICENSE CLASS . CDL LICENSE ISSUED : CDL LICENSE EXPIRES: CDL ENDORSEMENTS : NONE CDL RESTRICTIONS : NONE CDL LEARNER PERMITS: CDL LICENSE STATUS : SB ENDORSEMENT PROBATIONARY LICENSE (PL) PL. LICENSE CLASS PL LICENSE ORIG ISS: PL LICENSE ISSUED : PL LICENSE EXPIRES : PL LICENSE STATUS : OCCUPATIONAL LIMITED LICENSE (OLL) OLL LICENSE CLASS : OLL LICENSE ISSUED : OLL LICENSE EXPIRES: OLL LICENSE STATUS : *** END OF RECORD *** Report Results SSN ISSUED-73 STATE ISSUED-NJ * 199 EQUIFAX INFORMATION SERVICES LLC, P 0 BOX 740241, ,ATLANTA,GA,30374-0241,800/685-1111 *PHILLIPS,GERALD,T,JR SINCE 08/02/81 FAD 09/29/05 FN-361 3810,GOLFVIEW,DR,MECHANICSBURG,PA,17050,TAPE RPTD 09/98 TELEPHONE NUMBER (717) 728-4681 SPEC 11/05 204,SHORT,ST,PITCAIRN,PA,15140,CRT RPTD 03/97 2905,CAROL,RD,YORK,PA,17402,DAT RPTD 08/96 BDS-02/21/1958,SSS-156-54-7186 01 ES-,TRIM COMPONENTS **** WARNING BANKRUPTCY ON FILE, FULL CREDIT REPORT IS ADVISED..... Input Parameters deference Number ?e`rmissible Purpose = ;SI;; ?rimary Subject = ;;;;;;;;;;;;;;XXXXX7186;;; TRANSUNION SSN REPORT FOR MKT/SUB INFILE DATE TIME SBJ Y NJ0200302 17 HB 10/81 05/17/06 12:40CT RPT ON SSN DOB PHILLIPS, GERALD T. JR. 156-54-7186 2/58 TEL# CURR/ADD RPTD 545-8828 3810 GOLFVIEW'DR., MECHANICSBURG PA. 17055 05/1997 FRMR ADD 2905 CORAL, YORK PA. 17402 12/1996 6602 LYRIC ST., PITTSBURGH PA. 15206 CURR EMP & ADD PSTN INCM R & L CONSTRUCTION FRMR EMP & ADD AA MONARK TRIM CARPENTER *** INQUIRY ANALYSIS *** DATE SUBCODE SUBNAME 04/24/2006 B0200517 COMMERCE BAN PHILLIPS,GERALD 1008 PIKETOWN RD HARRISBURG,PA 17112 EMPDATE RPTD 4/96R 2/84R END OF TRANSUNION REPORT **************************************************************************** Detailed Results for Parcel 10-16-1056-010. in the 2004 Tax Assessment Database 10 10-16-1056-010. 3810 0000 GOLF VIEW DRIVE PHILLIPS, GERALD T JR R 1386 50000 61870 111870 2 1 77000 5 28 19 97 00158-00388 1940 3/1/2005 SHAPIRO & AREISMAN 2520 Renaissance Blvd., Suite 150, King of Prussia, PA 19406 May 10, 2006 Postmaster Mechanicsburg, PA 17055 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or name and street address (fa boxholder) for the following: NAME: Gerald T. Phillips, Jr. ADDRESS: Gerald T. Phillips, Jr., 29 East Keller Street, Mechanicsburg, PA 17050 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee or providing change of address information is waived in accordance with 39 CFR 265.6(d) (1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of Requester (e.g. process server, attorney, party representing himselo: ATTORNEY. 2. Statute or regulation that empowers me to serve process (not required when requester. is an attorney or a party acting pro se - except a corporation acting pro se must cite statute(s): N/A 3. The names of all known parties to this litigation: Washington Mutual Bank. FA vs Gerald T Phillips Jr. 4. The court in which the case has been or will be heard: The Court of Common Pleas of Cumberland Coun 5. The docket or other identi ,fying number if one has been issue& , 2002-01302 6 The capacity in which this individual is to be served (e.g. defendant or witness): DEFENDANT WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CKANGE OF ADDRESS INFOR UATMN OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PRnrP4Zc A11 rnuwcrMIAT mrr" INFORMATION OFNOT MO F THAN S YEA c OR BOTH (TITLE 18 S .C L1001), I certify that the above information is true and that the address information is needed and will be used solely for service of legal proces in conneRtion with actual or prospective litigation. Signature ADDRESS: Shapiro & Kreisman Devin Stemple 2520 Renaissance Blvd., Suite 150 Legal Assistant King of Prussia, PA 19406 Printed Name S&K File Number: 05-23509 FOR POST OFFICE USE ONLY Good as addressed ! UW 1? Not known at address given NAME and STREET ADDRESS `JsF1 Moved, left no forwarding address No change of address order on file. NEW ADDRESS or BOXHOLDER'S POSTMARK '?F'$ No such address C7 na c-? b " ter' ? `.•._ +y.' t i\J Cn .C p -< SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23509 Washington Mutual Bank, FA PLAINTIFF VS. Gerald T. Phillips, Jr. DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2002-01302 PLAINTIFF'S PETITION TO CONTINUE SHERIFF'S FORECLOSURE SALE ON REAL PROPERTY Plaintiff/Petitioner, Washington Mutual Bank, FA ("Plaintiff'), by and through its counsel, Shapiro & Kreisman, LLC, hereby files this Petition To Continue Sheriffs Foreclosure Sale On Real Property, and in support thereof, avers as follows: Plaintiff filed its Complaint in Mortgage Foreclosure on real property situated at 3810 Golfview Drive, Mechanicsburg, PA 17055 (the "Property") against Gerald T. Phillips, Jr. ("Defendant") on March 15, 2002. Plaintiff entered Judgment against Defendant in the above mortgage foreclosure action on November 24, 2003. 2. Plaintiff initially scheduled its Sheriffs Sale of the Property for June 7, 2006. Upon learning that service of the Notice of Sheriffs upon Defendant had not been effectuated, Plaintiff requested a postponement of the Sheriffs sale to September 6, 2006. 4. Plaintiff has still been unable to serve the Notice of Sheriffs Sale upon Defendant. Plaintiff respectfully requests that this Honorable Court grant Plaintiffs Petition to Continue the Sheriffs Sale from September 6, 2006 to December 6, 2006. 6. Said continuance will in no way prejudice Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant Plaintiffs Petition to Continue the Sheriffs Sale from September 6, 2006 to December 6, 2006, without further advertising, costs or notice. Respectfully submitted, S O & KREISMAN, LLC BY Lauren R. Tabas, Esqdiev- Attorney for Plaintiff 05-23509 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23509 Washington Mutual Bank, FA COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY Vs. Gerald T. Phillips, Jr. NO: 2002-01302 DEFENDANTS PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF Pa.R.C.P. Rule 31293(b) states that: If the sale is stayed, continued, postponed or adjourned to a date certain within one hundred days of the scheduled sale, and public announcement thereof, including the new date, is made to the bidders assembled at the time and place originally fixed for the sale, no new notice shall be required, but there may be only one such stay, continuance, postponement or adjournment without new notice. Pursuant to Pa.R.C.P. Rule 3129.3(a), new notice of the sale is not necessary if, by special Order of Court, the sale is stayed, continued, postponed or adjourned more than one time. In the instant matter, as more thoroughly set forth in the Petition, the Sheriffs sale of the Property was initially scheduled by Plaintiff for June 7, 2006, but was continued to September 6, 2006. For the reasons set forth in the Petition, Plaintiff requests a continuance of December 6, 2006 in order to comply with notice provisions contained in Pa.R.C.P. Rule 3129.2(c)(3). Defendant is in no way prejudiced by the Plaintiffs Petition for a Continuance. WHEREFORE, Plaintiff respectfully requests that this Honorable Court continue the Sheriffs sale of the Property to December 6, 2006, without further advertising, costs or notice. rpec lly submitted, Lauren R. Tabas, Esquire Attorney for Plaintiff Dated: S&K 05-23509 VERIFICATION I hereby verify the facts set forth in the Petition to Continue the Sheriffs Sale on property situated at: 3810 Golfview Drive, Mechanicsburg, PA 17055 are true and correct to the best of my knowledge, information and belief. I understand false statements knowingly made herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification of authorities. Dated: P 0J & KREISMAN, LLC BY: Lauren R. Tabas, Esq Attorney for Plaintiff SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23509 Washington Mutual Bank, FA PLAINTIFF VS. ; Gerald T. Phillips, Jr. DEFENDANTS ; COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2002-01302 CERTIFICATE OF SERVICE I, Lauren R. Tabas, Esquire of Shapiro & Kreisman, LLC, attorneys for Plaintiff, Washington Mutual Bank, FA hereby certify that a true and correct copy of the foregoing Petition to Continue Sheriffs Sale was sent onz- jby first class mail, postage prepaid, to the following: Gerald T. Phillips, Jr. 3810 Golfview Drive Mechanicsburg, PA 17050 1008 Piketown Road Harrisburg, PA 17112 KREISMAN, BY: Lauren R. Tz Attorney for c> ? a C. m -n N ==ii .- m rv SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 RECEIVED / AUG 2 9 2006 BY: 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23509 Washington Mutual Bank, FA ; PLAINTIFF VS. Gerald T. Phillips, Jr. ; DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2002-01302 ORDER AND NOW, this day of 2006, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith Investigation attached hereto, it is hereby ORDERED that service of the Notice of Sale and all subsequent pleadings on each defendant shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Notice of Sale and all subsequent pleadings by certified mail and regular mail to the last known address as set forth in said Motion and Affidavit, that is Gerald T. Phillips, Jr., 3810 Golfview Drive, Mechanicsburg, PA 17050; 1008 Piketown Road, Harrisburg, PA 17112; 29 East Keller Street, Mechanicsburg, PA 17050; and the Sheriff or Marshal has posted a copy of the Notice of Sale or subsequent pleading on the most public part of the property which is the subject of this action in mortgage foreclosure, which is 3810 Golfview Driyr Meeha?icsburg, PA 17055. THE J. 'Iino D? :Z add 62 OR goon AdVIO OHiOdd .Hi d0 n:uo-CM4 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23509 Washington Mutual Bank, FA PLAINTIFF VS. ; Gerald T. Phillips, Jr. DEFENDANTS y CEIVEU' AUG 3 6 2006 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2002-01302 ORDER AND NOW, this day of 2006, upon consideration of Plaintiffs Petition to Continue Sheriffs sale on Real Property situated at 3810 Golfview Drive, Mechanicsburg, PA 17055 and after notice of the filing of said Petition to Defendant, it is hereby ORDERED that the Cumberland County Sheriffs sale on the aforementioned real property scheduled for September 6, 2006, be continued to December 6, 2006, at the location previously noticed on all parties without further advertising or notice necessary; and it is further ORDERED that the Cumberland County Sheriff announce said continuance at the Sheriffs Sale on September 6, 2006; and it is further ORDERED that a copy of this Order shall be served up .ga.Dzfendant via first-class mail, postage pre-paid. ?, ? b tiliti?'A1h8"?N3?J ,gNnr '-iN o 90 :9 tiv I £ 911V 90QZ Ma'lDNu !_.Cil-d 3141.3G a SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23509 Washington Mutual Bank, FA COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY VS. Gerald T. Phillips, Jr. NO: 2002-01302 DEFENDANTS VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that she is a legal assistant for Plaintiff in the above case and that pursuant to the attached Court Order she has mailed a true and correct copy of the Notice of Sale in the above-captioned case to Defendant(s) by certified and regular mail, to the last known address of said Defendant(s) as follows: Gerald T. Phillips, Jr., 3810 Golfview Drive, Mechanicsburg, PA 17050; 1008 Piketown Road, Harrisburg, PA 17112; 29 E. Keller Street, Mechanicsburg, PA 17050 on September 12, 2006 as evidenced by the receipts of mailing attached hereto and made a part hereof. I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties set forth in 18 Pa. C.S. Section 4904, relating to unsworn falsific hon to authorities. DATED: L SHAPIRO & KREISMAN, LLC BY: Heather Doyle Legal Assistant 05-23509 C^, -23$C Cr I I OF MUM WALE CM MT IAL MAY AIM "Wind Fftm SiiAMW & j(REI 3" Bor. iZOJU : DrIve Suite 150 Kim of pzuseia, PA 19406 Ow pkw of s dh o- oml addN=W sat AQ1ds4MNYM4tal W and N wlMaf MANa P" ss *. lw*o at posumew ow awro t ow AiA1tNsM1y h taatps Ilan am jK4 QF?ffi MAY Oft 71Cr AND WaNwIn 1114 DOES NOT p117ttst p oo and pat sasdc. Inq?ifta .Of Peswmsw tow elmaflt mood led Fena 1)N• Si?i?1P1 0 &?KREISMAN 3690 SO13.ZOi1 riv@ - ? ? N rn quite 150 m O? o 2 rig Of Prussia. PA 19406 zOu;° ? tV Om om of OIdIgNY mA addmsaad W. 1 O t 1? ?, ? d nl 0 e ? J .. ? S Nom, Q V ?311Nt1 0 0 ? '3 Fv1w i?iT, Mw? 1989 ?o : issa o • psi-osi AM#UMstnstslsps w mew pomw and pat #AOL $M*,b ••? ?a ire T t.?!{??:I AMT.' o o UNir?o a ?? r? Sa m w y ?"n C7 w v C) c ?O ? "' 40 <n v Q 61 61 O `° "I 0 0 Ln o v cv rn W pq¢?? s O a Q 60 U? d N z W C? Q, ? ?? co d C 84 `- U- a ILI U- 1 ry S a z <n w ID Q S??lINO I?- - - .. M For delivery informa tion visit our - P rq Postage $ 3 Certified Fee C3 ? Return Receipt Fee (Endorsement Required) PWmark O rU Restricted Delivery Fee (Endorsement Required) CEI r-q Total Postage & Fees a $ r17 Q Sent To I _._.° Street, Apt. No., or PO Box No. City, State, ZIP+4 PS Form 3800 JLjne 200 °- `;1 ^ ?J d( 2 See Reverse for Instructiot, L;hH 1 INItu IVIF (Domestic Mail Only; Nc O co Postage $ r M Certified Fee O C3 0 Return Recei t Fee Postmark 0 (Endorsemem Required) Her,,*, II I O Restricted Delivery Fee rU (Endorsement Required) co rq Total Postage & Fees ?. Ll C3 Sent To - - ------ ---- -- ---- ---- or PO Box No. Q --.?.... City, State, ZIP+4 PA 7050 ULH I R-itu IVIP (Domestic Mail Only; Nc C3 r-I Postage $ i3q m O Certified Fee O k P C3 Return Receipt Fee prar re (Endorsement Required) a tL Restricted Delivery Fee (Endorsement Required) cc r-q Total Postage & Fees r O Sent To (t Street, Apt. No., or PO Box No. City, State, ZIP+4 n it June I?/t 2002 PS Form :3800 < mot! t Instructions V , 4 1. c:a SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORMONE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23509 Washington Mutual Bank, FA PLAINTIFF vs. Gerald T. Phillips, Jr. DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2002-01302 PETITION TO ASSESS DAMAGES Plaintiff, Washington Mutual Bank, FA ("Plaintiff'), by and through its counsel, Shapiro & Kreisman, LLC, hereby submits its Petition to Assess Damages, and avers as follows: 1. Plaintiff commenced this mortgage foreclosure action by filing a complaint on March 15, 2002. A true and correct copy of the Complaint is attached hereto and marked as Exhibit "A." 2. No answer was filed by Defendants, Pamela G. Reeder and Thomas E. Reeder. 3. On November 24, 2003, in rem judgment was entered against Defendant in the amount of $81,776.04. 4. Additional damages have accrued as a result of Defendant's multiple bankruptcy petitions and, upon the approach of the impending Sheriff's Sale, Plaintiff has realized their actual damages are in excess of the judgment entered. 5. Paragraph 18 of the mortgage, which is the subject of this action, permits recovery of principal, interest and all other recoverable sums, due, together with costs of suit and reasonable attorneys' fees. A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "B". 6. The Court in Foulke_ v. Hatfield Fair Grounds Bazaar, Inc., 173 A.2d 703, 706 (1961), determined that an attorney's fee of five percent was reasonable. 7. Additional damages include sums that have been incurred or expended on behalf of the Defendant. 8. The additional damages have been added to the original damages and both are collectively itemized below: Principal Balance Interest at 9.0% from October 1, 2001 through October 25, 2006 Accrued Late Charges Escrow Advance Property Preservation Mortgage Insurance Premium Attorney's Costs Title Search and Update Fees Filing Fees (Foreclosure) Filing Fees (Bankruptcy) Statutory Required Certified Mail Sale Deposit (9/7/05 Sale) Sale Deposit (6/7/06 Sale) Service Costs Attorney's Fees (5% of unpaid principal balance) $73,150.70 $33,392.04 $1,683.00 $9,376.57 $410.00 $80.49 $247.50 $30.00 $300.00 $3.05 $1,500.00 $1,500.00 $160.00 $3,657.54 TOTAL: $125,490.89 9. The reassessment of damages in this action will in no way prejudice Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court reassess damages in the amount stated above. Attorney for Plaintiff I-IOMESIDE LENDING, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW GERALD T. PHILLIPS, JR. ACTION OF MORTGAGE FORECLOSURE Defendant THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set fortis in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attomey and lilin,? in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU I'ARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y itEQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. Sl NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 C xh 1b C", y.r ft, , 1.7 .-I c? ra -? 1 (- i G'" HOMESIDE LENDING, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. GERALD T. PHILLIPS, JR., Defendant CIVIL ACTION LAW : ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof , is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff HOMESIDE LENDING, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW C;FRALD T. PHILLIPS, JR., ACTION OF MORTGAGE FORECLOSURE Defendant : COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, HOMESIDE LENDING, INC., is a Corporation, with an address of 8120 Nations Way, Building 100, Jacksonville, Florida 32256. ?. Defendant, GERALD T. PHILLIPS, JR., is an adult individual, whose last known address is 3810 GOLFVIEW DRIVE, MECHANICSBURG, PENNSYLVANIA 17055. ?. On or about, May 23, 1997, the said Defendant, executed and delivered a Mortgage Note in the sum of $76,900.00 payable to BARNETT MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1384, Page 326 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to HOMESIDE LENDING, INC. and recorded in the aforesaid County in Mortgage Book 577, Page 1098. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 3810 GOLFVIEW DRIVE, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on November 1, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $18.19 per day From 10/01/2001 To 04/01/2002 ( based on contract rate of 9.000%) Accumulated Late Charges Late Charges $28.05 From 11/01/2001 to 04/01/2002 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $73,802.44 $3,310.58 $112.20 $168.30 $692.40 $3,690.12 $81,776.04 ' *Together with interest at the per diem rate noted above after April 1, 2002 and other charges and costs to date of Sheriff's Sale. 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 Sheriff s Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required ,in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. r r r v • r r r I r v r -u u v 4114 1 1 1 1 j 1 V J VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff HOMESIDE LENDING, INC. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: March 12, 2002 Leon . Haller, Esquire - CCD - DURHAM 3101 PETTY ROAD SUITE 904 DURHAM. NC 27707 ?s r6 7 46)1*S 7M4 77. 10-1 MI. pn 3 1s Commonwealth Space Above This Line For Recording Dora) ------- - - of W7, Ivania I -HA O A7084972 MORTGAGE 441-541037-0-739 THIS MORTGAGE (~Security Instrument-) is given or, Mortgagor is -MAX-23 1997 The _%FtALD., T. _PHIL?IQ? JR.... _ . _ _ _ ..... _ ._ _ _ .. --- {"borrower"). This Security Instrument is given -to _. _ - ... M?T?t!4M CQIVIP and existing under the laws of which is organized - A X000 6Ql11 H^ID? --- 1,_QF F ._ . and whose address is BI.DG •_,700:IACKSt3NVtt FIs _.3225$ l"L?der"1. Borrower owes Lender the. principal sum of -----_.------------------ XWEXpL Dols1ND N.S. S7 ------------ S-- OQ - - - -1. Ties debt is evidenced by 66rrower's note dated the same date as this Security Instrument ("Note~), which provides for monthly payments. with the full debt, if not paid earlier, due and payable on AUK-0-I....2927 .... Security Instrument secures to Lender ta; the repayment of the debt evidenced by tTNS he Note, with interest, and all renewals. extensions and mod?fications of the Note. 4b) the payment of all other suns, with interest, advanced under paragraph 7 to protect the security of this Security Instrument, and (c) the performance of borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in M.A.MPDEN TOWNSHIP, CUMBERLAND County. Pennsylvalia SEE ATTACHED SC..HEv1_Lc' 4 MAILING ADDRESS: 3810 GOLFVIEW DRIVE MECHANICS"G. PA 17055 which has the address of 381Q _QM_ FYl6y_l/_.ORII/?..... _.... NlSnS 1 (Street City), Pennsylvania 7055 CProperty Address"): (Zip Code) FHA Pennsylvania Mortgage - 10/95 L998 04/96 Page I of 8 ALL THAT CERTAIN lot or track of ground situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Golfview Road (T--623) at the southeast corner of the Kingswood Subdivision, section 2; thence by the same, North 03 degrees 28 minutes 09 seconds East, six hundred forty-nine and forty-five hundredths (649.45) feet to a thence along the same, North 03 degrees 28 minutes 40 seconds Esat, twenty-nine and sixty-six hundredths (29.66) feet to an iron thence South 86 degrees 31 minutes 51 seconds East, seventy- pies (73.00) feet to an iron pin; thence along a channel South 10 dee 27 minutes 52 seconds East, three hundred ninety-nine and ninety-ones hundredths (399.91) feet to a e E. Tippets, South 46 de point; thence along lands now of Ronald sevent grees 38 minutes 33 seconds West, fifty-six and y-nine hundredths (56.79) feet to an iron pin; thence along the same, South 03 degrees 08 minutes 33 seconds East, two hundred fifty-three and twenty hundredths (253.20) feet to a point center line of Golfview Road (T-623); thence along the center line of Golfview Road, (T-623), North 85 degrees 49 minutes 31 seconds West, one hundred fifty-nine and sixty-one hundredths (159.61 feet to the place of BEGINNING. BOOKUM 33E4 TOGETHER WITH all the improvements now or hereafter erected on the property, and replacements " easements, and additions and fixtures now or hereafter a part of the ty. aa additions shall also be covered by this Security Instrcanen ?oper the All foregoing is referred to in this Security instrument as the "Property. BORROWER COVENANTS that Borrower is law*2ully seized of the estate hereby conveYed and has the right. to mortgage, grant and convey the property and that the Property is unencumbered, except for encumbrances of record Borrower warrants and will defend generally the title to the Property sOnst all claims and demands. subject to any encumbrances of record THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal. Interest and Late Charge, Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes. insurance, and Other Char in each monthly payment, together with the Principal and interest gas. Borrower shall include and any late charges, a sum for (a) taxes and as set forth in the Note a£ .inst the Property, (b) Leasehold special assessments levied or to be levied premiums for insurance required under Paragraph ts or ound rents on the Pro Party. and Ist Pay a mortgage insurance 4. In any year in which the Lender must f SecretarPremium to the Secretary of Housing and Urban Development y"), or in any year in which such premium wou:(d have held the Security Instrument, each monthly been required if Lender fory Y payment shall also include either (i? a sin for the monthly annual charge mortignagge i _of as ce premium to be paid by Lender to the Secretary, or 04 a gage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. s 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from tine to time ("RESPA1, except that the cushion or reserve permitted by RESPA Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the deficiency as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument If Borrower tenders to Lender the full payment account shall be credited with the balance remaining for alinstallmlent itemsums(a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund an Borrower. Immediately prior to a foreclosure sale of the Pr y excess funds ty Lender, Borrower's account shall be credited with an oPertY or its acquisition by for items (a), (b, and (c). Y balance remaining for all installments L998 04/96 Page 2 of a f M4384 ?w 327 .......... . App by Lender asstifollows_-of Payments. All payments under Paragraphs t and 2 shalt be applied First, to the mortgage insurance ma thly charge by the emium to be paid by Lender to the Secretary or to the Second to any taxes. Special y instead of the monthly mortgage insurance premium. wand other assessments, leasehold Payments or ground rents, and fire, hazard insurance premiums, as required. Third, to interest due under the Note, o&Ri, to amortization of the principal of the Note: and 1 to late charges due under the Note. 4. Fire, Flood and Other Hazard lnaiwanae. Borrower shall insure all on the Property, whether now in existence or sub improves casualties, and contingencies, including fire, for w SOCILIGntl hich Lend erected. isure insurance Y hazards, Borrower shall and e mai inained improvements the amounts and for the periods that Lender requires subsequently erected, against lumpr by on the Property, whether now in existence or insurance shah ec carried with c Y floods to the extent required by the Secretary, Ali any renewals shalt be held b Lend r?ies moved by Lender. The insurance policies and in a form acceptable to, Lender. and shall include loss payable clauses it favor of, and In the event of loss, Borrower shall give Lender i matte proof of loss if not made nttnediate notice by mail. Lender may, is hereby authorized and directed ro m tly by Borrower. Each insurance company concerned of to Borrower and to Lender jointly. All P? moment for such loss directly to :.ender, instead applied by Lender, at its option, either (a) to the y part of ft eduction of insurance indebt Note and this Security Instrument, first to an proceeds may the Paragraph and then to Y delinquent amounts ednes uord the pre payment of principal, or (b) to the restoration or the order in darhaged Property. Any application of the proceeds to the principal shall no repair ?df or postpone the due date of the monthly payments which are referred to in Paragraph change the amount of such payments. Any excess insurance proceeds over aann nountt required to pay all outstanding indebtedness under the shall be paid to the entity legally entitled Note and this Security Instrument In the event of foreclosure of this S cuor; instr the Property that extinguishes the indebtedness, all rightmtUe and interest of Borrower in and to insurance policies in force shall pass to the purchaser. S• Occupancy, Preservation, Maintenenae and Protection of the Borrower's Loan Application; Leaseholds. Borrower shall occupy, ??? Property as Borrowers inciestablish, and use principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of shall continue to occupy the Property as Borrower's principal the Property) and year after the date of occupancy, unless Lender d m th residence fort least one undue hardship for Borrower, or unless extenuating circumstances exist hick will cause Borrower's control. Borrower shall notify L uanexist which are stance f Borrower shall not commit waste or destro, cdama er of any extenuating circumstances. or allow the Property to deteriorate, reas9e or substantially charge the Property inspect the Property if the Property is vacant Ior ab and tear excepted Lender may Lender may take reasonable action to protect and abandoned or the lot is in default Property. Borrower shall also be in default if Borrower. during e such the loan l or abandoned gave materially false or inaccurate information or star application process, lor Lender with any material information) in connection wi?th nthel aevidenced failed to provide this . including, but not limited to, representations conceming Borrower' an Note cy of Property as a principal residence. If this Security Ins hold, r the shall comply with the provisions of the lease If Borrower ac q leasehold, Borrower Property, the leasehold and fee title shall not be merged unlessq Leende?? title to the rnergw in writing agrees to • the 1:998 14/8& Page 3 of 8 eOoK13Cq FACE 328 8- Condemnation, The proceeds of any award or clairh for damages. consequential, in connection with any condemnation or other tali erect or Property, or for conveyance in place of condemnation, are hereby &53, nd h the paid to Lender to the extent of the full arehoeuht of the indeb y 9?d and st>aN be under the Note and this Security in Lender shtatedness that remains unpaid reduction of the indebtedness under the Note and this Sec uraPPIY such proceeds to the delinquent amounts applied in the order rtY Instrument, fret to any of principal. Any application of the provided in Paragraph 3, and then to prepayment the due date n the monthl proceeds to the principal shall not extend or Postporhe amount of such y payments. which are referred to in Paragraph 2, or change the ai"O ndi ; Payments. An excess proceeds over an amount required t pay an ng ndebtedness under the Note and this Security Instrument shall be paid to the entity 109WIY entitled thereto. 7• Charges to Borrower and Protection Of Lender's Rights in the Property. Borrower shall Pay all governmental or murdc1pai charges, fines and impositions that are not included in Paragraph 2. Borrower shall which is owed the payment If failure to Pay ihtese obligations on time directly to the entity Property, upon Lenders re Pay would adversely affect Lender's interest in the evidencing these payments quest Borrower shall promptly furnish to Lender receipts If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform any other covenants and agreements contned in is Instrument, or there is a legal proceeding that may significantly affect Lender•sthrights in Mee Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in Paragraph 2. Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured by this Security Instrument These amounts shall bear interest from the date of disbursement at the Note rate, and at the option of Lender shall be immediately due and payable. Borrower shall promptly dischat- ? ghsirumetht unless Borrower. (a) any lien which has priority over this Security writing to by the lien in a manner acceptableetoh Lender, ) the payment of the obligation secured defends against enforcement of the lien in, legal p oCeedcontests in good faith the lien pi or by, operate to prevent the enforcement of the Heor (c) securs ie which the holder of he Han an agreement satisfactory to L the Han ender subordinating the lien to this Security Instrunheiht If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. & Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument (b) Sale Without Credit Approval. Lender shall, if (including section 341(d) of the Garn-St Germain permitted by applicable law 12 U.S.C. 1701j-.3(d)) and with the prior Depository Institutions Act of 1982, payment in full of all sums secured by this S?e?ity Inthe Secretary, strument if: require immediate L998 04/96 Page 4 of 8 eooK?,PA6E 3?9 (i) All or part of the Property, or a beneficial interest in a trust owns part of the Property, is sold or Otherwise transferred +other than b all or descent), and y devi se or till The Property is not occupied by the Purchaser or grantee as his or her principal residence, or the purchaser or grantee does so Oc but his or her credit has not been approved cupy the Property, of the Secretary. in accordance with the recuiremWts (c) No Waiver. If circumstances occur that would permit Lender to r Payment in full, but Lender does not require suct equire immediate its rights with respect to subsequent events. PeYmenis. Lender does not wave (d) Relations of HUD Secretary. in many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid This Security instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secrets-y. (e) Mortgage Not Insured, Borrower Note are not determined to be eligiblefor snsx u??e thun? the National Housing the within 60 days from the date hereof, Lender may, at its option require i yvrwd;ate payment in full of all sums secured by this Security Instrument A written statement of any authorized agent of the Secretary dated subse to 60 hereof, declining to insure this Security Instr ument and quest h Note, days from the date shall conclusive proof of such ineligibility. Notwithstanding the thfor ,n' this o deemedption not be exercised by Lender hethe unavailability of insurance ais solely d may Lender's failure to remit a mortgage insurance premium to the Secretary solely due to 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument This right instituted To reinstate the Securit Instrument even after foreclosure proceedings are amounts required to brie y 's account mart, Borrower shall tender in a harp sum au obligations of Borrower u derv this Security instrument fincludin oreclosureo costs eXand rt they easormt" and customary attorney's fees and expenses properly associated with the proceeding. Upon reinstatement by Borrower, this Security Instrument and for d-,a obligadpn that it secures shall remain in effect as if Lender had not required immediate full However. Lender is not required to permit reinstatement if: (i) Lender payment in has accepted reinstatement after the commencement of foreclosure proceedings within two irnmediately preceding the commencement of a current foreclosure r Years reinstatement will preclude foreclosure on different pr °C'^9 (ii) reinstatement will adversely affect the PriorK grounds i the future, or ty Instrument y of the lien cre s ated by this Security 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of Instrument granted by Lender to any successor inninteresteof Borrowe secured by this Secxr it? release the liability of the original Borrower or Borrower's successor in interest Lender shall not be re wired to commence shall not operate to s extend a of or proceedings against any successor in interest or refuse payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or successors in interest Any forbearance by Lender in exercising any right or r ?o?s not be a waiver of or preclude the exercise of any right or remedy. Y shall 12 Successors and Assigns Bound; Joint and Several Liability; Co-Signers, The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of Paragraph Borrower's covenants and agreements shall be joint and several An 961 co-signs this Security Instrument but does not execute the Note: (a) is ao si9? nwg this L998 04/96 Page 5 of 8 0009138 pa 330 Security Instrument only to mortgage, grant and convey that Sorrower,s nterest m the Property under the terms of this Security Instrument; tbl is not er the scans secured by this Security Instrument; and ic? agrees P that sonal obligated to pay Lander Borrower may agree to extend, modify, forbear or make any and any other to the term of this Security Instrument or the Note without that Borrower's consent regard 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Pro address Borrower designates by notice to Lender. An perty Ades or a other first class mail to Lender's address stated herein Y notice to Lander shalt s' given by notice to Borrower. Any notice or any dress Lender designates by have been given a to or Borrower a provided for in this Security Instrument shall be deemed to when given as provided in this Paragraph 14. Governing Law; Severability. This Security Instrument shall be Federal law and the law of the jurisdiction in which the Pro g the by Purty low M the event that any provision or clause of this Security Instrument the the applicable law, such conflict shall not affect other provisions of this Security Instrument or can prov s of s of,this SecuritygInstrumentiven the Note eare declared conflicting too be T this end the be severable. 1s. Borrower's Copy. Borrower shall be given one conformed Copy Of the Note and of this Security Instrument 16. Hazardous Substances. Borrower shall not cause or Permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Pr shall not do, nor allow anyone else to do, anything affecting the Property Borrower violation of any Environmental Law. The Property that is in presence, use, or storage on the Property of preceding two sentences shall not apply to the are generally recognized to be quantities of Hazardous Substances that the Property, appropriate to normal residential uses and to maintenance of Borrower shall promptly give Lender written notice of any investigation claim. demand, inv the olving lawsuit or other action by any governmental or regulatory agency or private party Borrower has Property and any y If Hazardous Substance or Environmental Law of which regulatory as acct Borrower learns, or is notified by any government or authori affecting the Pro a that any removal or other remediation of any Hazardous Substances rty nec actions in accordant with EnvMS, Borrower shaft promptly faits all necessary remedial As used in this ortmental Law. Paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides ? substances arid herbicides, volatile solvents, materials containing asbestos or formaldehyde, materials. As used in this paragraph 16, "Environmental Law" means federal laws andacaws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the Lender and Borrower. This assignment of rents constitutes an absolute assignmentadt Trot an assignment for additional security only. L998 04196 Page 6 of 8 800913ft-pkii 331 I If Lender gives notice of breach to Borrower: tai all rents race be held by Borrower as trustee ived by Borrower shah for benefit of lender only, secured by the Security instrument; r Lender y, to be applied to the sums the rents of thr Pro Perty and shall be entiteed to collect and receive all of unpaid to Lender or Lender .'s t agent each tenant of the Property on Lender's written shah pay all rents due and Borrower has not executed any Prior demand to the tenant: not perform any act that would assignment of the rents and has not and w>V Paragraph 17. Prevent Lender from exercising its rights under this Lender shall not be required to enter before or after giving notice of beach upon. take control of or maintain the Property appointed to BOrrOwer. However. Lender not cure oreceiver r wa a y so at any time there is a breach Any appliccat<of granjudicially ts shelil any default or invalidate any other right or remedy of Lender_ TNs Instrument assignment is of paid rents in of full. the Property shall terminate when the debt secured by the Security 18. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, Lender Lender snail may foreclose this Security Instrument b be entitled to collect all ex by judicial proceedin& provided in this paragraph 18. Including. penes incurred in pursuing the r of title evidence. not limited to, attorneys' fees and costs If the Lender's interest in this Security Instrument Is held by the Sear the Secretary requires immediate etsry and invoke the nonjudiciat payment in full under Paragraph 9, the Secretary nwt, provi Foreclosure Act of 1994 ; A? I12 U.S.C 3751 eft in the Single Fatuity ?ilortgag. commissioner designated under the Act to commence j forecl oureti ? to sell ??i he Property as provided in the Act. Nothing in the preceding sentence shalt deprive the Secretary of any rights otherwise available to a Lander under this Paragraph IS or applicable low. 19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower, to tits extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security InstruiTwt, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale and homestead 21. Reinstatement Period. Borrower's time to extend to one hour prior to the commencement of pursuant to this Security instrument reinstate provided in paragraph 10 shall bidding at a sheriff's sale or other safe 22. Purchase Money Mortgage If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the property, this Security Instrument shll be a purchase money mortgage. 23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of the rate payable from time to time under the Note. mortgage foreclosure shah be 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and L998 04/96 Page 7 of 8 exemption. OGOK1384 la curity Innsstrurnen't Check (applicable box(est ant as if the rider(s) were a part of ttxs Security D Condominium Rider E, Graduated Payment Rider 17 Planned Unit Development Rider [-) Growing EgAty Rider ®R Other (Specify) ADJUSTABLE RATE RICIER NOTICE TO BORROWER: This document cotrtaMs provisions for a v.risbie interest rate - 51G Y11YG Bi ow, Security Instrument and in wer accepts em rider(s) ex by terms contained n tpws and recorded with it (Squa Witness(es): (Sail) Witness(es): Witness(esf (Seal} Witness(es): Certificate of Residence -- 1• S_h?_i do hereby certify address of the within-named Lender--is that the correct JacksanviZle, FL32255.-__ . 000 '4 --R1vd., gldg, 7pp Witness my Fiend this - of -- - ...... -....__ • 2.9.9 7 . COMM --- Agent o Lender ONWEALTH OF PENNSYLVANIA. Cumb. County ss: On this, the 23rd day of Mav ,1997 officer, personally appeared Gerald-;T:-P??s> Jr._ before me. the ta?dersigned known to me or sati proven) to be the person whose name - is subscribed to the within i w acknowledged that he executed the same for the purposes herein v IN WITNESS WHEREOF, I hereunto set contained:'4, :: MY hand and official seal. of .77 My Commission Expires: Notarial Seel •.t? _ Y •. p ? , . \ ` , ,r Hwnpden Hotly F. Keller. Nola Pubf,c f's p, .. r r, • `? MY Commi rWP•. Cumber and Coun?tyy Title 01,01 ssiort Ex?res IlAarth 15. PpQt This Instrument wss Prepsr y MORTGAGE COMPANY LW8 04/96 Page B of 8 e0011384Mi;i 333 AMSTABLE RATE RIM LoAN: 17osan THIS ADJUSTABLE RATE RIDER is made this 23RD day of MAY and is incorporated into and shall be deemed to a vivid and 1997 of Trust or Security Deed f Securi Instre'it Matgage• Lam! by the undersigned ("Borrower") to secure Borrower's Adjustable Rate Note ("Notel of the same "dato? BARNETT MORTGAGEE COMPANY _ (the Lender of the same date and covering the property described in the Security Instrument and located at 3$10_ StQLEVIEW-OLVE -_ MEC1W fic!aat aar_ pA (Property Address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements in the Security Instrument, Borrower and Lender further covenant and agree as follows: INTEREST RATE AND MONTHLY PAYMENT CHANGES UU Change Date The interest rate may change on the first day of OCTOBER that day of each succeeding -._. 1998 and on rate could change. year. Change Date" means each date on which ch the interest (B) The Index Beginning with the first Change Date, the interest rate will be based %:?n an Index "Index" means the weekly average yield on United States Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board "Current Index" means the most recent Index figure available 30 days before the Change Date. If the Index (as defined above) is no longer available, Lender will use as a new Index any index prescribed by the Secretary (as defined in paragraph 70 of the note). Lender will give Borrower notice of the new index. (C) Calculation of Interest Rate Changes Before each Change Date, Lender wi of ll calculate a new interest rate by adding a margin 111110 AND -THREE -.EQWTLHSz-- --Percentage point(s) (2.750-----.--V to the Current Index and rounding the sum to the nearest one-eighth of75orne percentage point (0.125961. Subject to the limits stated in paragraph 5(DI of the Note, this rounded amount will be the new interest rate until the next Change Date (D) Limits on interest Rate Changes The interest rate will never increase cr decrease by more than one percentage point 0.0%) on any single Change Date. The interest rate will never be more than five percentage points (5.096) higher or lower that the initial interest rate stated in paragraph 2 of the Notes (E) Calculation of Payment Change if the interest rate changes on a Change Date, Lender will calculate the amount of monthly payment of principal and interest which would be necessary to repay the unpaid principal balance in full at the maturity date at the new interest rate through substantially equal payments. In making such calculation, Lender will use the unpaid principal balance FHA Multistate ARM Rider L942 Rev. 08/95 Page 1 of 2 Bi,Clf i3k rik 335 4 8y SIGNING BELOW, Bor wer accepts and agrees to the terms and covenants contained in this Adjustable R Rider. Borrow k ?P GERM T au I (Seat) which would be owed on the Change pate if there had been no default in payment on the Note, reduced by the amount of any prepayment to principal. The result of this Calculation will be the amount of the new monthly Payment of principal and interest (F) Notice of Chenges Lender will give notice to Borrower of any cho rn the interest rate and mon** Payment amount The notice must be given at least 35 dys before the new r Payment amount is due, and must set forth 0) the date of the notice. 6i) the Charge . tiHI the old interest rate, (iv) the new interest rate. (v) the new monthly payment. amount tW the Current Index and the date it was published, (viz the method of "calculating the in monthly Payment amount, and (viii) any other information which may be required by from .sine to time. low (G) Effective Date of Changes A new interest rate calculated in accordance with paragraphs 5(C) am 50 of the Note will become effective on the Change Data Borrower shat make a monthly amount beginning on the first payment in the new lender has given Borrower the notice oaft date which occurs at least 25 days after required paragraph 5F) by of the (Vote Borrower shalt have no obligation to changes calculated ih accordance withp pay any increase in the monody payment arnoun! of the Note for any payment date occurring less than 25 days after Lenderhas? given amount calculated in accordance with ps a of Note many monthlygraph the r ed notice If -the monthly p"Lower the failed to give timely notice of the decrease and Borrower made P Lender amounts exceeding the payment mount which should have been then Borrower has the option to either ti) demand the return to Borrower of ? . payment, with interest thereon at the Note rate (a rate equal to the interest rate ewxcess hich should have been stated in a timely notice), or Oil request that any excess payment, with interest thereon at the Note rate, be applied as payment of principal. Lender's obligation to return any excess payment with interest on demand is not assignable even if this Note is otherwise assigned before the demand for return is made. Nothing contained in this Adjustable Rate Rider will permit Lender to accomplish an interest rate adjustment through an increase (or decrease) to the unpaid principal bayinca Changes to the Existing Interest Rate may only be reflected through adjustment to Borrower's monthly installment payments of principal and interest as provided for herein. FHA Multistate L942 Rev. 08/S °snrsvh?ania (Seal) •?1 Cumbeflan i :' cr'the office for tr., recarding of Deets 4, . VERIFICATION Lauren R. Tabas, Esquire, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in the foregoing Petition are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: u AeennRR..abas, Esquire Attorney for Plaintiff SHAP & KREISMAN, LLC a SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZONE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23509 Washington Mutual Bank, FA PLAINTIFF VS. Gerald T. Phillips, Jr. DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2002-01302 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S PETITION TO ASSESS DAMAGES The judgment taken by Plaintiff has been rendered insufficient and inaccurate due to the passage of time. In order to update and correct the judgment previously entered, the itemization of damages must be adjusted in accordance with the terms of the Mortgage. The Mortgage entitled Plaintiff to pay all real estate taxes, fire insurance premiums, mortgage insurance premiums, etc. in order to protect its security interest in the subject property. Increases in the escrow deficit and other costs incurred by the Plaintiff must be added as specifically set forth. Such charges for each of these items are specifically allowed by the Mortgage signed by Defendant. Stendardo v. Federal National Mortgage Assoc 991 F.2d. 1089 (3ra Cir. 1993). Further, additional court costs expended by Plaintiff must be added to the judgment. Said costs are collectible pursuant to paragraph 18 of the Mortgage. Under this paragraph, attorneys' fees are recoverable. Payment of attorney's commissions will be enforced to the extent necessary to compensate the creditor for the reasonable expenses of collection. A collection fee of five k ?. percent is held to be reasonable. The mortgagee, having loaned a fixed sum of money, should recover both the principal and interest without diminution for expenses which he may be forced to pay. Foulke v. Hatfield Fair Grounds Bazaar Inc., 173 A.2d 703, 706 (1961). Plaintiff respectfully requests that this Honorable Court enter the Order attached hereto. Attorney for Plaintiff SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZONS BLVD., SUITE 150 KING OF PRUSSIA, pA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05.23509 Washington Mutual Bank, FA COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY vs. NO: 2002-01302 Gerald T. Phillips, Jr. ' DEFENDANT ' CERTIFICATE OF SERVICE I, Lauren Tabas, Esquire, hereby certify that on ( b? I served a true and correct copy of the within Petition to Assess Damages upon the following parties via certified and first class mail, postage prepaid: Gerald T. Phillips 3810 Golfview Drive Mechanicsburg, PA 17050 1008 Piketown Road Harrisburg, PA 17112 29 East Keller Street Mechanicsburg, PA 17050 Date: (11 ? / Attorney for PlaintiffC ?.., (`? z ?7 f -- ? ?; ,.., --rt --?? _ ' -- E ?, --?, , ? , '. t. x ? -, , t? :. ?.,? , --4:: WASH GTON MUTUAL BANK, : IN THE COURT OF COMMON PLEAS OF FA CUMBERLAND COUNTY, PENNSYLVANIA V. GERAL T. PHILLIPS, JR. NO. 2002 -1302 CIVIL TERM CIVIL ACTION -LAW ORDER OF COURT NOW, this 9TH day of NOVEMBER, 2006, a Rule is issued upon the to Show Cause why the "Plaintiffs Petition to Assess Damages" should not be granted. returnable twenty (20) days after service. Edward E. Guido, J. Lauren R. 3600 Hori King of Pi Gerald T. 3810 G& )as, Esquire e Blvd., Suite 150 ia, Pa. 19406 [lips m Drive -a, Pa. 17055 :sld i I ? ?i? ., .._ ??? /? t i ' ";µ'I ?? SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 S & K FILE NO. 05-23509 Washington Mutual Bank, FA ; PLAINTIFF ; VS. Gerald T. Phillips, Jr. DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2002-01302 MOTION TO MAKE RULE ABSOLUTE 1. On November 6, 2006, a Petition to Reassess Damages together with a Rule to Show Cause why said Petition should not be granted was filed by counsel for Washington Mutual Bank, FA, and served upon all parties. 2. Pursuant to said Petition, a Rule was entered on November 9, 2006, Returnable on November 29, 2006 by the Court of Common Pleas of Cumberland County by Honorable Edward E. Guido. See Exhibit "A". 3. Said Rule was served upon all counsel and unrepresented parties via First Class mail. 4. To date, no party has filed a response or interposed any objection to the Petition. WHEREFORE, Washington Mutual Bank, prays this Honorable Court enter an Order making the Rule Absolute and reassess damages. B e R. Tabas, Esquire SHAP O & CREISMAN, LLC . our n 46 0+5-a35 u5 WASHINGTON MUTUAL BANK, : IN THE COURT OF COMMON PLEAS OF FA : CUMBERLAND COUNTY, PENNSYLVANIA V. GERALD T. PHILLIPS, JR. NO. 2002 - 1302 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 9TH day of NOVEMBER, 2006, a Rule is issued upon the Defendant to Show Cause why the "Plaintiff's Petition to Assess Damages" should not be granted. Rule returnable twenty (20) days after service. Edward E. Guido, J. Lauren R. Tabas, Esquire 3600 Horizon Blvd., Suite 150 King of Prussia, Pa. 19406 Gerald T. Phillips 3810 Golfview Drive Mechanicsburg, Pa. 17055 :sld ?., GOPFWM REOM I We 6*SWff#MK C4xjrt at 6G, Pa -. 1. , . -tea ?,4- ?? ? i-,) ? i -? ?A ", SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 DING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23509 Washington Mutual Bank, FA PLAINTIFF V. Gerald T. Phillips, Jr. DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2002-01302 CERTIFICATE OF SERVICE I, Lauren R. Tabas, Esquire, Counsel for Plaintiff, hereby certify that on December 6, 2006, a true and correct copy of the attached Motion to Make Rule Absolute was served by maileingsame by regular mail, postage prepaid, to: Gerald T. Phillips, Jr. 3810 Golfview Drive Mechanicsburg, PA 17050 And 1008 Piketown Road Harrisburg, PA 17112 And 29 E. Keller Street Mechanicsburg, PA 17050 KREISMAN, LLC Bx:-) v uc/y 1 Lauren R. Tabas, Esquire ... ??` f- { tom.] WK? DEC 0 g 2006?y? f? SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 S & K FILE NO. 05-23509 Washington Mutual Bank, FA PLAINTIFF VS. Gerald T. Phillips, Jr. DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2002-01302 ORDER MAKING RULE ABSOLUTE 13rday of W-444? 20 d 6upon Motion of Washington AND NOW, this Mutual Bank, FA, the Rule entered on November 9, 2006, Returnable November 29, 2006, is hereby made absolute and damages are assessed as follows: Principal Balance Interest at 9.0% from October 1, 2001 through October 25, 2006 Accrued Late Charges Escrow Advance Property Preservation Mortgage Insurance Premium Attorney's Costs Title Search and Update Fees Filing Fees (Foreclosure) Filing Fees (Bankruptcy) Statutory Required Certified Mail Sale Deposit (9/7/05 Sale) Sale Deposit (6/7/06 Sale) Service Costs Attorney's Fees (5% of unpaid principal balance) TOTAL: $73,150.70 $33,392.04 $1,683.00 $9,376.57 $410.00 $80.49 $247.50 $30.00 $300.00 $3.05 $1,500.00 $1,500.00 $160.00 $3,657.54 $125,490.89 It is further ORDERED and DECREED that interest and additional expenses (including costs incurred) are to be added to this judgment, and such interest will be calculated at the loan rate of $18.04 per diem for each day from October 26, 2006 through the date of assessment and thereafter together with expenses allowable in accordance with the terms of the Mortgage and loan documents, plus costs. BY J. 80 •Z lied u ! 310 9001 r EHI =10 lqr?' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Washington Mutual Bank is the grantee the same having been sold to said grantee on the 6th day of Dec A.D., 2006, under and by virtue of a writ Execution issued on the 1 st day of March, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 1302, at the suit of Homeside Lending Inc against Gerald T Phillips Jr is duly recorded in Deed Book No. 278, Page 2309. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this / day of A.D. goo RG=dK d fkedi, cumberl" count', C&IMe, PA My CWffli M Eom Me First y of Jan. 2010 s AMENDED RETURN Homeside Lending, Inc. In The Court of Common Pleas of VS Cumberland County, Pennsylvania Gerald T. Phillips Jr. Writ No. 2002-1302 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Gerald T. Phillips Jr., but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant Gerald T. Phillip. Defendant does not reside at 3810 Golfview Dr., Mechanicsburg, Pennsylvania. A post office check revealed a forwarding address of a Mechanicsburg post office box number. The address used by the defendant to retain the post office box number was 29 East Keller Street, Mechanicsburg, Pennsylvania. The house located at 29 East Keller Street, Mechanicsburg, Pennsylvania is now vacant. The neighbor of that address advised our deputies that he helped Gerald Phillips Jr. load his belongings in a vehicle so that Mr. Phillips could relocate; but, the neighbor does not know where Mr. Phillips is relocating. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 11, 2006 at 8:28 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Gerald T. Phillips, Jr. located at 3810 Golfview Drive, Mechanicsburg, Pennsylvania, according to law. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 19, 2006 at 7:15 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: Gerald T. Phillips, Jr., by posting the premises pursuant to order of court, at 3810 Golfview Dr., Mechancisburg, Cumberland County, Pennsylvania. 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 6, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Rejent on behalf of Washington Mutual Bank, f/k/a Washington Mutual Bank, FA Successor in Interest to Homeside Lending, Inc. It being the highest bid and best price received for the same, Washington Mutual Bank, f/k/a Washington Mutual Bank, FA Successor in Interest to Homeside Lending, Inc. of 11200 W. Parkland Drive, Milwaukee, Wisconsin 53224, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $804.81. . ,r Sheriffs Costs: Docketing $30.00 Poundage 15.78 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Prothonotary 1.00 Mileage 22.88 Certified Mail 1.08 Levy 15.00 Surcharge 20.00 Postpone Sale 40.00 Law Journal 299.00 Patriot News 206.00 Share of Bills 19.57 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 804.81 ? ?a p? Se =?? ?r&? R. Thomas Kline, Sheriff BY ?-Real Estate Se, geant OS-111 6ef,' - 1?? L9CO oa SHAPIRO & KREISMAN, LLC BY: JOSEPH REJENT, ESQUIRE ATTORNEY I.D. NO: 59621 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23509 Homeside Lending, Inc. COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY VS. Gerald T. Phillips, Jr. NO: 2002-01302 DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 Homeside Lending, Inc., 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 3810 Golfview Drive, Mechanicsburg, PA 17050. 1. Name and address of Owner(s) or Reputed Owner(s) Gerald T. Phillips, Jr. 3810 Golfview Drive Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the judgment: Gerald T. Phillips, Jr. 3810 Golfview Drive Mechanicsburg, PA 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Homeside Lending, Inc. 8120 Nationsway, Building 100 Jacksonville, FL 32256 SICO Company P.O. Box 302 Mt. Joy, PA 17552 PA Bureau of Compliance Dept. 280946 Harrisburg, PA 17128 Cumberland County Adult Probation One Courthouse Square Carlisle, PA 17013-3387 Associated Products Services, Inc. 2 East Road P.O. Box 231 Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: Homeside Lending, Inc., 8120 Nationsway, Building 100 Jacksonville, FL 32256 Secretary of Housing & Urban Development 451 Seventh Street, SW Washington D.C., 20410 Conseco Finance Consumer Discount Company 7360 South Kyrene Road Tempe, AZ 85283 5. Name and address of every other person who has any record lien on the property: 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: Cumberland County Domestic Relations 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 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: TENANT OR OCCUPANT 3810 Golfview Drive Mechanicsburg, PA 17050 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. Section 4904 relating to unworn falsification to authorities. SHAPIRO & KREISMAN, LLC BY: Jo ep Reje , Esquire 05-23509 SHAPIRO & KREISMAN, LLC BY: JOSEPH REJENT, ESQUIRE ATTORNEY I.D. NO: 59621 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-68.00 S & K FILE NO. 05-23509 Homeside Lending, Inc. COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY VS. Gerald T. Phillips, Jr. ; NO: 2002-01302 DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Gerald T. Phillips, Jr. 3810 Golfview Drive Mechanicsburg, PA 17050 Your house (real estate) at: 3810 Golfview Drive, Mechanicsburg, PA 17050 is scheduled to be sold at Sheriffs Sale on June 7, 2006 at: Cumberland County Sheriff One Courthouse Square Carlisle, PA 17013 at 10:00 AM, to enforce the court judgment of $81,776.04 obtained by Homeside Lending, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Homeside Lending, Inc. the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 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 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 of 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. 4. 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 (610) 278-6800. 5. 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. 6. 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. 7. 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. 8. You have a 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. 9. 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 no later than thirty days (30) after the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house 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 Lawyer Referral Service Telephone: 717-249-3166 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 05-23509 ALL THAT CERTAIN lot or tract of ground situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Golfview Road (T--623) at the Southeast corner of the Kingswood Subdivision, Section 2; thence by the same, North 03 degrees 28 minutes 09 seconds East, six hundred forty-nine and forty-five hundredths (649.45) feet to a point; thence along the same, North 03 degrees 28 minutes 40 seconds East, twenty-nine and sixty-six hundredths (29.66) feet to an iron pipe; thence South 86 degrees 31 minutes 51 seconds East, seventy-three (73.00) feet to an iron pin; thence along a channel, South 10 degrees 27 minutes 52 seconds East, three hundred ninety-nine and ninety-one hundredths (399.91) feet to a point; thence along lands now of Ronald E. Tippett, South 46 degrees 38 minutes 33 seconds West, fifty-six and seventy-nine hundredths (56.79) feet to an iron pin; thence along the same, South 03 degrees 08 minutes 33 seconds East, two hundred fifty-three and twenty hundredths (253.20) feet to a point on the center line of Golfview Road (T-623); thence along the center line of Golfview Road, (T-623), North 85 degrees 49 minutes 31 seconds West, one-hundred fifty-nine and sixty- one hundredths (159.61) feet to the place of BEGINNING. WRIT OF EXECUTIQNand/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-1302 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOMESIDE LENDING, INC., Plaintiff (s) From GERALD T. PHILLIPS, JR. (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 $81,776.04 Interest FROM 11/25/03 TO 6/7/06 - $18,648.00 Atty's Comm % Atty Paid $2482.65 Plaintiff Paid Date: MARCH 1, 2006 L.L. Due Prothy $1.00 Other Costs Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name JOSEPH REJENT, ESQUIRE Address: SHAPIRO & KREISMAN, LLC 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 59621 Real Estate Sale # 71 On March 06, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 3 810 Golfview Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 06, 2006 By: 011 _ f ^ Real tEe Sergeant 8E -.01 V Z- 8VN 9001 "'I? i3 3?l1 -40 ?3jl jjo?J man 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. Lisa Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this 21 day of April, 2006 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 71 Writ No. 2002-1302 Civil Homeside Lending, Inc. VS. Gerald T. Phillips, Jr. Atty.: Joseph Rejent ALL THAT CERTAIN lot or tract of ground situate in Hampden Town- ship, Cumberland County, Pennsyl- vania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of Golfview Road (T-623) at the Southeast corner of the Kingswood Subdivision, Section 2; thence by the same, North 03 de- grees 28 minutes 09 seconds East, six hundred forty-nine and forty-five hundredths (649.45) feet to a point; thence along the same, North 03 degrees 28 minutes 40 seconds East, twenty-nine and sixty-six hun- dredths (29.66) feet to an iron pipe; thence South 86 degrees 31 min- utes 51 seconds East, seventy-three (73.00) feet to an iron pin; thence along a channel, South 10 degrees 27 minutes 52 seconds East, three hundred ninety-nine and ninety-one hundredths (399.91) feet to a point; thence along lands now of Ronald E. Tippett, South 46 degrees 38 minutes 33 seconds West, fifty-six and seventy-nine hundredths (56.79) feet to an iron pin; thence along the same, South 03 degrees 08 minutes 33 seconds East, two hundred fifty-three and twenty hun- dredths (253.20) feet to a point on the center line of Golfview Road (T- 623); thence along the center line of Golfview Road, (T-623), North 85 degrees 49 minutes 31 seconds West, one-hundred fifty-nine and sixty-one hundredths (159.61) feet to the place of BEGINNING. 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 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 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 19th and 26th day(s) of April and the 3rd day(s) of May 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#71 .. ?y J REAL ESTATE SALE No. 71 Sworn to and subscr' e for ' Wt% No. 2902-1302 Civil Tenn Ha melds Landing, Inc, Terry L. Russell, Notary Public VS - Ci of Harrisburg, Dauphin County A GWOUT. M ommission Vpires J e612006 5 mhe. Ponncvly. la As orJoll nolNotaries ALL THAT CERTAIN lot or tract of Vouod / G G" Z situate in Hampden- Uwnship, Cad NOT AY PUBLIC C' County, Pennsylvania, more particularly bounded anddescribed asfollows, towit: My commission expires June 6, 2006 BEGINNING at a point on the center line of Golfview Road (T-623) at the Southeast comer of the Kingswood Subdivision, Section 2; thence by the same North 03 degrees 28 minutes 09 seconds CUMBERLAND COUNTY SHERIFF'S OFFICE East, six hundred forty-nine and forty-five CUMBERLAND COUNTY COURTHOUSE hundredths (649.45) feet to a point; thence along the same, North 03 degrees 28 minutes 40 seconds CARLISLE, PA. 17013 East, twenty-nice and sixty-six hundredths (29.66) feet to an iron pipe; thence South 86 degrees 31 minutes 51 seconds East, seventy-three (7300) feet to an iron pin; thence along a chancel, South East, two hundred fifty-three and twenty 10 degrees 27 minutes 52 seconds East, three hundredths (25320) feet to a point on the center hundred ninety-nine and nicety-one hundredths line of Golfview Road (T-623); thence along the (3999 t) feet to a point; thence along lands now of center line of Golfview Road, G-623). North 85 Ronald E. Tippett, South 46 degrees 38 minutes 33 degrees 49 minutes 31 seconds West, one-hundred seconds west, fifty-six and seventy-nine fifty-nice and sixty-one hundredths (159.61) feet hundredths (56.79) feet to an iron pin; thence long to the place of BEGINNING the same, South 03 degrees 08 minutes 53 seconds