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HomeMy WebLinkAbout06-6953PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 142735 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. JAY R. GENSIMORE JILL L. GENSIMORE 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 01, -4,9Q CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 142735 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 142735 Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JAY R. GENSIMORE JILL L. GENSIMORE 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 07/01/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR EQUIFIRST CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1872, Page: 2617. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 142735 6. The following amounts are due on the mortgage: Principal Balance $53,931.37 Interest 1,872.09 06/01/2006 through 11/30/2006 (Per Diem $10.23) Attorney's Fees 1,250.00 Cumulative Late Charges 72.80 07/01/2004 to 11/3 0/2006 Cost of Suit and Title Search 550.00 Subtotal $ 57,676.26 Escrow Credit 0.00 Deficit 474.99 Subtotal 474.99 TOTAL $ 58,151.25 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 58,151.25, together with interest from 11/30/2006 at the rate of $10.23 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN1 & SSCCHHMIEG, LLP ll7f,?E'i-- By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 142735 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the building thereon situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at spike at the corner of land formerly of Skelly, now or formerly of Phyllis J. Barrick and PA Route 174, thence along PA Route 174, South 69 degrees 50 minutes West, 200.00 feet to a spike; thence by lands formerly of Skelly, now or formerly of Victor G. Barrick and Cheryl A. Barrick, North 11 degrees 50 minutes West, 200.00 feet to an iron pin; thence by the same, North 69 degrees 50 minutes East, 200.00 feet to an iron pin; thence by land formerly of Skelly, now or formerly of Phyllis J. Barrick, South 11 degrees 50 minutes East, 200.00 feet to the Place of BEGINNING. CONTAINING 0.908 acres and being known as and numbered 2627 Walnut Bottom Road, Carlisle, Pennsylvania 17013 PREMISES BEING 2627 WALNUT BOTTOM ROAD File #: 142735 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 111 3U (o n N ? ? rA PC Him i) t _ wr? PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. JAY R. GENSIMORE JILL L. GENSIMORE NO. 06-6953 CIVIL TERM Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JAY R. GENSIMORE and JILL L. GENSIMORE, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $58,151.25 Interest from 12/01/06 to 01/18/07 $501.27 TOTAL $58,652.52 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. C MIEG, ESQ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE:,J,'j,\-.1p ? D 200 PRO OTHY 142735 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff, V. JAY R. GENSIMORE JILL L. GENSIMORE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6953 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ES RE Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON CUMBERLAND COUNTY HEAT 2004-7 COURT OF COMMON PLEAS 3476 STATEVIEW BOULEVARD CIVIL DIVISION Plaintiff, NO. 06-6953 CIVIL TERM V. JAY R. GENSIMORE JILL L. GENSIMORE Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JAY R. GENSIMORE is over 18 years of age and resides at, 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17013. (c) that defendant JILL L. GENSIMORE is over 18 years of age, and resides at, 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. S HMI G, ESQUIRIV Attorney for Plaintiff PHELAN HALLMAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE : COURT OF COMMON PLEAS FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff : CIVIL DIVISION Vs. JAY R. GENSIMORE JILL L. GENSIMORE : CUMBERLAND COUNTY NO. 06-6953 CIVIL TERM Defendants TO: JAY R. GENSIMORE 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17013 FILE COPY DATE OF NOTICE: DECEMBER 28, 20006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE : COURT OF COMMON PLEAS FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff : CIVIL DIVISION Vs. JAY R. GENSIMORE JILL L. GENSIMORE CUMBERLAND COUNTY NO. 06-6953 CIVIL TERM Defendants TO: JILL L. GENSIMORE 2627 WALNUT BOTTON ROAD CARLISLEPA17013 FILE COPY DATE OF NOTICE: DECEMBER 28.20006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 CIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ?c n ? ??? ??- g? b ? ?? ?1 C? ` r ?, ` ??, v ? >, ?.} .?S,?i _ ? ? __ r (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON CUMBERLAND COUNTY HEAT 2004-7 COURT OF COMMON PLEAS 3476 STATEVIEW BOULEVARD CIVIL DIVISION Plaintiff, NO. 06-6953 CIVIL TERM v. JAY R. GENSIMORE JILL L. GENSIMORE Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on `? ! Q 2007. By: If you have any questions concerning this matter, please contact: DANIEL e-SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-6953 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff (s) From JAY R GENSIMORE AND JILL L GENSIMORE (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 $58,652.52 L.L. $0,50 Interest From 12/1/06 TO 1/18/07 (PER DIEM - $9.64) -- $1,407.44 AND COSTS Atty's Comm % Atty Paid $133.92 Plaintiff Paid Due Prothy $1.00 Other Costs Date: JANUARY 31, 2007 (Seal) REQUESTING PARTY: Name DANIEL G SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA. 19103-1814 Attorney for: PLAINTIFF C s R otary By: Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff, No. 06-6953 CIVIL TERM V. JAY R. GENSIMORE JILL L. GENSIMORE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due 121IGa 11Plb7? Interest from A?14$,18? to (per diem -$9.64) $58,652.52 $1,407.44 and Costs TOTAL $62,084.46 ?,'Al i- / , DANIEL G. SCHMIEG, ESWRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 142735 w v w 4 oz d? OW O? °? r Ate, W o a 0 A o C4 ,Z ? .d d w p z W A ?? Aa U t^. ?4. c.? C r 00 V1 ? ? Z ?a 71 V 1 o? M 0 v a W? W Od o is+ W O? o U a V .y y r V V r V M ? o t... as w? VV O Qo ?F ?z ? N ry N VA 79 kn M Oa d kA n 4 ? t Z3 C4 LA V Cli M V A U c? n c V' ? \wr 1 r- r? PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff, v. JAY R. GENSIMORE JILL L. GENSIMORE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6953 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIE . SCHMIE QUIRE Attorney for Plaintiff <' ?.n U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 . Plaintiff, V. JAY R. GENSIMORE JILL L. GENSIMORE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6953 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 2627 WALNUT BOTTOM ROAD, CARLISLE PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name JAY R. GENSIMORE JILL L. GENSIMORE Last Known Address (if address cannot be reasonably ascertained, please indicate) 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17013 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Mortgage Electronic Registration Systems, 8201 GREENSBORO DRIVE, SUITE 350 Inc. MCLEAN, VA 22102 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 19, 2007 &Z22 DATE DANIEL G. SCHMIEG, ESQX&E Attorney for Plaintiff r-•°' ?? r? 4 ?_} ?? ?? ? .R. ?. ...y- ?..1.. `?1 !` "1w•i` ?- - ?,: ..?. , ?„ - y :: t •, _ ..,F? ?J • t _ l ?? •?, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff, V. JAY R. GENSIMORE JILL L. GENSIMORE Defendant(s). CUMBERLAND COUNTY No. 06-6953 CIVIL TERM January 19, 2007 TO: JAY R. GENSIMORE 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17013 JILL L. GENSIMORE 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $58,652.52 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 d< DESCRIPTION ALL THAT CERTAIN tract of land with the building thereon situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at spike at the corner of land formerly of Skelly, now or formerly of Phyllis J. Barrick and PA Route 174, thence along PA Route 174, South 69 degrees 50 minutes West, 200.00 feet to a spike; thence by lands formerly of Skelly, now or formerly of Victor G. Barrick and Cheryl A. Barrick, North 11 degrees 50 minutes West, 200.00 feet to an iron pin; thence by the same, North 69 degrees 50 minutes East, 200.00 feet to an iron pin; thence by land formerly of Skelly, now or formerly of Phyllis J. Barrick, South 11 degrees 50 minutes East, 200.00 feet to the Place of BEGINNING. BEING known and numbered as 2627 Walnut Bottom Road, Carlisle, PA 17013 BEING PARCEL #31-11-0296-002 TITLE TO SAID PREMISES IS VESTED IN Jay R. Genismore and Jill L. Genismore, husband and wife, by Deed from Jay R. Genismore and Jill L. Genismore, husband and wife, dated 07/01/2004, recorded 07/16/2004, in Deed Book 264, page 967. DESCRIPTION ALL THAT CERTAIN tract of land with the building thereon situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at spike at the corner of land formerly of Skelly, now or formerly of Phyllis J. Barrick and PA Route 174, thence along PA Route 174, South 69 degrees 50 minutes West, 200.00 feet to a spike; thence by lands formerly of Skelly, now or formerly of Victor G. Barrick and Cheryl A. Barrick, North 11 degrees 50 minutes West, 200.00 feet to an iron pin; thence by the same, North 69 degrees 50 minutes East, 200.00 feet to an iron pin; thence by land formerly of Skelly, now or formerly of Phyllis J. Barrick, South 11 degrees 50 minutes East, 200.00 feet to the Place of BEGINNING. BEING known and numbered as 2627 Walnut Bottom Road, Carlisle, PA 17013 BEING PARCEL #31-11-0296-002 TITLE TO SAID PREMISES IS VESTED IN Jay R. Genismore and Jill L. Genismore, husband and wife, by Deed from Jay R. Genismore and Jill L. Genismore, husband and wife, dated 07/01/2004, recorded 07/16/2004, in Deed Book 264, page 967. ? ? -n L? ?^ ? ? .., ?- =- ?r t ?, s _ -- ?: ??? ?-?_ . ?,, __ ? ? - - s, ?: ? __ , ' c --d ,, SHERIFF'S RETURN - REGULAR CASE NO: 2006-06953 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS GENSIMORE JAY R ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff Cumberland County,Pennsylvania, who being duly sworn acco says, the within COMPLAINT - MORT FORE was served upo GENSIMORE JAY R ng to law, the DEFENDANT at 2017:00 HOURS, on the 7th day of Dec er , 2006 at 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17013 by handing to i MICHAEL GENSIMORE, SON a true and attested copy of COMPLAINT - MORT FORE tog her with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 7.92 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 ? 35.92 12/12/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: L?" before me this day Deputy S i of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-06953 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS I GENSIMORE JAY R ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff f Cumberland County,Pennsylvania, who being duly sworn acco ing to law, i i says, the within COMPLAINT - MORT FORE was served upo l GENSIMORE JILL L the at 2017:00 HOURS, on the 7th day of Dec er , 2006 DEFENDANT at 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17013 by handing to MICHAEL GENSIMORE, SON a true and attested copy of COMPLAINT - MORT FORE tog' her with and at the same time directing His attention to the contepts thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 v ,/a 31O -7 (4- Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/12/2006 PHELAN HALLINAN SCHMIEG By : 1> . 1 ) Deputy A. D. AFFIDAVIT OF SERVICE PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 DEFENDANT(S) JAY R. GENSIMORE JILL L. GENSIMORE SERVE JAY R. GENSIMORE AT 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17013 SERVED CUMBERLAND COUNTY No. 06-6953 CIVIL TERM ACCT. #1205057535 Type of Action F1,01 14x`735- - Notice of Sheriffs Sale Sale Date: G A3 / 0`7 Served and made known to _civ ?• (aei1S ,' otf Defendant, on the ?Q day of rb/tcq/? 2001 t at I %I3 o'clock YI.m., at _ 2 Co Z 7 y,_J Q ?L A f (3O-fix yn, Rd Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age yo 3O Height ? u Weight -L71- Race _V,- Sex /YI Other 1, ? eaWrt-C a competent adult, being duly sworn according to law, depose and state a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued the captioned cthat hand the address indicated above. ases on the ate and atd to and subs r' d is/0 day 200_7? , .i.tBy' ?C4 -y4UEAZL ATTE PT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Public State o-,Aew Jersey NOT SERVED PATRICIA E. HARRIS Omission Exp" jyne 16, 2008 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: 1 I .-Time: 3rd Attempt: Time: 2nd Attempt: / / Time: Sworn to and subscribed before me this day of 200. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 36) ?1.2- C'3 d C. o -r CA) 4J w _ u l w AFFIDAVIT OF SERVICE PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 DEFENDANT(S) JAY R. GENSIMORE JILL L. GENSIMORE SERVE JILL L. GENSIMORE AT 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17013 SERVED CUMBERLAND COUNTY No. 06-6953 CIVIL TERM ACCT. #1205057535 Type of Action ?hs# y aZ 36-- - Notice of Sheriffs Sale Sale Date: U(3 l 0 l Served and made known to ?' L.. en S; en re Defendant, on the 0 ??? _ day of ? brr,?q ,200? at-??L?o'clock_m.,7.22(#Zj Wg1,%&,f- ?O4fo? (Zd , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is r' ?u,S? a n d Adult in charge of Defendant(s)'s residence who refiesed to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: O- Description: Age Height 4A'" Weight_? ZS_ Race n ?_ Sex ?? Other I' = (4b el?fS a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and sub We. e is y of 2U0 `I D No 4 By: _ MPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE State 6 i4ew Jersey ATTEMPTED. PAIRICIA E. ?? 18? Z008 nm?ssion Exp NOT SERVED On the day of 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: / / Time:' 2°d Attempt: / -/Time: 3rd Attempt: / / Time• Swom to and subscribed before me this _ day of200 Notary: _ . By: Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 c? ?v yk -.0 i'. .F t J > J CA) "`< U.S. Bank National Association, as Trustee In the Court of Common Pleas of for Credit Suisse First Boston Heat 2004-7 Cumberland County, Pennsylvania VS Writ No. 2006-6953 Civil Term Jay R. Gensimore and Jill L. Gensimore Cpl. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on March 19, 2007 at 1839 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants to wit: Jay R. Gensimore and Jill L. Gensimore, by making known unto Jay Gensimore, personally and husband of Jill Gensimore, at 2627 Walnut Bottom Rd., Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1539 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jay R. Gensimore and Jill L. Gensimore, located at 2627 Walnut Bottom Rd., Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Jay R. Gensimore and Jill L. Gensimore, by regular mail to their last known address of 2627 Walnut Bottom Road, Carlisle, PA 17013. These letters were mailed under the date of April 3, 2007 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 letter of instruction from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 1,343.71 Advertising 15.00 Posting Handbills 15.00 Mileage 11.52 Levy 15.00 Surcharge 30.00 Prothonotary 1.00 Law Library .50 Share of Bills 16.17 Law Journal 355.00 Patriot News 192.26 $2,025.16 ? 71x6107 So Answers: R. Thomas Kline, Sheriff BY o Re geant 41,6Z) (?, 595iy ?,? /95 F 98` U'BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff, V. JAY R. GENSIMORE JILL L. GENSIMORE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6953 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT_SUISSE FIRST BOSTON HEAT 2004-7, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name JAY R. GENSIMORE JILL L. GENSIMORE Last Known Address (if address cannot be reasonably ascertained, please indicate) 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17013 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the re property to be sold: Name Mortgage Electronic Registration Systems, Inc. Last Known Address (if address cannot be reasonably ascertained, please indicate) 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 t 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and, whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. January 19, 2007 /1 P DATE DANIEL G. SCHMIEG, ESQX&E Attorney for Plaintiff Y ' U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff, V. CUMBERLAND COUNTY No. 06-6953 CIVIL TERM JAY R. GENSIMORE JILL L. GENSIMORE Defendant(s). January 19, 2007 TO: JAY R. GENSIMORE 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17013 JILL L. GENSIMORE 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17013 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff s Sale on at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $58,652.52 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. . You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 1- If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. ?. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN tract of land with the building thereon situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at spike at the corner of land formerly of Skelly, now or formerly of Phyllis J. Barrick and PA Route 174, thence along PA Route 174, South 69 degrees 50 minutes West, 200.00 feet to a spike; thence by lands formerly of Skelly, now or formerly of Victor G. Barrick and Cheryl A. Barrick, North 11 degrees 50 minutes West, 200.00 feet to an iron pin; thence by the same, North 69 degrees 50 minutes East, 200.00 feet to an iron pin; thence by land formerly of Skelly, now or formerly of Phyllis J. Barrick, South 11 degrees 50 minutes East, 200.00 feet to the Place of BEGINNING. BEING known and numbered as 2627 Walnut Bottom Road, Carlisle, PA 17013 BEING PARCEL #31-11-0296-002 TITLE TO SAID PREMISES IS VESTED IN Jay R. Genismore and Jill L. Genismore, husband and wife, by Deed from Jay R. Genismore and Jill L. Genismore, husband and wife, dated 07/01/2004, recorded 07/16/2004, in Deed Book 264, page 967. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N006-6953 Civil:. COUNTY OF CUMBERLAND) CIVIL ACTION - LAW rl TO THE SHERIFF OF CUMBERLAND COUNTY: 4.. t.. To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff (s) From JAY R GENSIMORE AND JILL L GENSIMORE (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 $58,652.52 L.L. h . 50 Interest From 12/1/06 TO 1/18/07 (PER DIEM - $9.64) -- $1,407.44 AND COSTS Atty's Comm % Atty Paid $133.92 Plaintiff Paid Date: JANUARY 31, 2007 (Seal) Due Prothy $1.00 Other Costs 0 C s R. Lon o onota By: Deputy REQUESTING PARTY: Name DANIEL G SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA. 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Eu%A Real Estate Sale # 37 On February 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA Known and numbered as 2627 Walnut Bottom Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 15, 2007 By: "A`-'q c V` Real Estate Sergeant L Z :b V -i 6 9--IJ LOUR 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 18th and 25th day(s) of April 2007. 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#37 ` Sworn to and sn?bAs b??dWbefoL r 1 ? g(May 2007 A.D. Notarial Seal Terry L. Russell, Notary rubii City Of Harrisburg, Dauphin County My commission Expires June 6,2010 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 .?: _ d 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 20, 27, 2007 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. is arie Coyne, itor SWORN TO AND SUBSCRIBED before me this 27 day of April, 2007 REAL ZSTATZ SMS NO. 37 Writ No. 2006-6953 Civil U.S. Bank National Association, as Trustee for Credit Suisse First Boston Heat 2004-7 VS. Jay R. Gensimore and Jill L. Gensimore Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land with the building thereon situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at spike at the cor- ner of land formerly of Skelly, now or formerly of Phyllis J. Barrick and PA Route 174, thence along PA Route 174, South 69 degrees 50 minutes West, 200.00 feet to a spike; thence by lands formerly of Skelly, now or formerly of Victor G. Barrick and Cheryl A. Barrick, North 11 degrees 50 minutes West, 200.00 feet to an iron pin; thence by the same, North 69 degrees 50 minutes East, 200.00 feet to an iron pin; thence by land formerly of Skelly, now or formerly of Phyllis J. Barrick, South 11 degrees 50 min- utes East, 200.00 feet to the Place of BEGINNING. BEING known and numbered as 2627 Walnut Bottom Road, Carlisle, PA 17013. BEING PARCEL #31-11-0296- 002. TITLE TO SAID PREMISES IS VESTED IN Jay R. Genismore and Jill L. Genismore, husband and wife, by Deed from Jay R. Genismore and Jill L. Genismore, husband and wife. dated 07/01/ 2004, recorded 07/16/2004, in Deed Book 264, page 967. PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 U.S. Bank National Association, as trustee for Credit Suisse First Boston Heat 2004-7 Jay R. Gensimore Jill L. Gensimore Plaintiff VS. Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 06-6953 C. T. Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: /-,--)C,-7 PHS# 142735 Francis S. H llinan, Esquire Attorney for Plaintiff 00 4Ln