HomeMy WebLinkAbout06-7151PHELAN 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
DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE UNDER THE
POOLING AND SERVICING AGREEMENT
DATED AS OF OCTOBER 1, 2004, GSAMP
TRUST 2004-AHL
4828 LOOP CENTRAL DRIVE
HOUSTON, TX 77081-2226
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 06-7151 CIVIL TERM
Plaintiff,
V.
JEFFREY S. CHAPWICK
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 JEFFREY S.
CHAPWICK Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from
service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages
as follows:
As set forth in Complaint
Interest from 12/15/06 to 02/12/07
TOTAL
$96,767.17
$1,027.20
$97,703.37
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.
V
V
DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: 0-4j",13 ,,?oo 7
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PRO ROTHY
145602
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
DEUTSCHE BANK NATIONAL TRUST COMPANY,
AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF
SOUNDVIEW HOME LOAN TRUST 2006-
OPT5,ASSET-BACKED CERTIFICATES, SERIES
2006-OPTS
Plaintiff
Vs.
: COURT OF COMMON PLEAS
: CIVIL DIVISION
CUMBERLAND COUNTY
:NO. 06-7151-CIVIL TERM
JEFFREY S. CHAPWICK
Defendants
TO: JEFFREY S. CHAPWICK
1951 JERICHO ROAD 2
NEW BLOOMFIELD, PA 17068
DATE OF NOTICE: JANUARY 30, 2007
FILE CA 1
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
FRANCIS S. HALL AN, 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
DEUTSCHE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS
AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF
SOUNDVIEW HOME LOAN TRUST 2006- : CIVIL DIVISION
OPT5,ASSET-BACKED CERTIFICATES, SERIES
2006-OPT5 : CUMBERLAND COUNTY
Plaintiff
Vs.
JEFFREY S. CHAPWICK
Defendants
: NO. 06-7151-CIVIL TERM
TO: JEFFREY S. CHAPWICK FILE
u
i
1907 SPRING ROAD 4
CARLISLE, PA 17013
DATE OF NOTICE: JANUARY 30, 2007
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
/ F
F /NC?IS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
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
DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE UNDER THE
POOLING AND SERVICING AGREEMENT
DATED AS OF OCTOBER 1, 2004, GSAMP
TRUST 2004-AHL
4828 LOOP CENTRAL DRIVE
Plaintiff,
V.
JEFFREY S. CHAPWICK
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 06-7151 CIVIL TERM
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 JEFFREY S. CHAPWICK is over 18 years of age and resides at,
1951JERICHO ROAD 2, NEW BLOOMFIELD, PA 17068.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
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(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE UNDER THE CUMBERLAND COUNTY
POOLING AND SERVICING AGREEMENT COURT OF COMMON PLEAS
DATED AS OF OCTOBER 1, 2004, GSAMP
TRUST 2004-AHL CIVIL DIVISION
4828 LOOP CENTRAL DRIVE
NO. 06-7151 CIVIL TERM
Plaintiff,
V.
JEFFREY S. CHAPWICK
Defendant(s).
Notice is given that a Judgment in the above-captioned matter has been entered against you on
pjtu ? Q 200_7.
By: AmW44 0
If you have any questions concerning this matter, please contact:
a
DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT
AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF
YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND
THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,
BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE UNDER THE
POOLING AND SERVICING AGREEMENT
DATED AS OF OCTOBER 1, 2004, GSAMP No. 06-7151 CIVIL TERM
TRUST 2004-AHL
Plaintiff,
V.
JEFFREY S. CHAPWICK
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
Add'l cost
Interest from 02/12/07 to JUNE 13, 2007
(per diem -$16.06)
$97,703.37
$260.50
$1,943.26 and Costs
TOTAL
$99,907.13
06AD ) '?' ??Ir 40,
DANIEL G. SCHMIEG, ESQUI
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.
145602
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DESCRIPTION
ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at a point in the center of the road leading to New Bloomfield, Route No. 34; thence
north 60 degrees 50 minutes east 242 feet along land now or formerly of Harry Fry to a point in the
line of land now or formerly of George Henry; thence by said latter land in a southerly direction, 140
feet to a point; thence in a westerly direction 200 feet, more or less, to a point in the center line of the
aforesaid road; thence in a northerly direction along the center line of said road 65 feet to a point, the
PLACE OF BEGINNING.
HAVING THEREON ERECTED a dwelling house known and numbered as 1907 Spring Road,
Carlisle.
BEING the same premises which Harold E. Cressler and Martha E. Cressler, his wife, by their deed
dated November 21, 1964, and recorded in the Office of the Recorder of Deeds in and for
Cumberland County in Deed Book K, Volume 21, Page 907, granted and conveyed unto Glen E.
Spidle and Lillian J. Spidle, his wife. Glen S. Spidle died December 3, 1993, thus vesting full fee
simple title in Lillian J. Spidle, Grantors herein.
PARCEL IDENTIFICATION NO: 29-17-1585-081 CONTROL #: 29003015
Premises: 1907 Spring Road, Carlisle, PA 17013
North Middleton Township, Cumberland County
Pennsylvania
RECORD OWNER
TITLE TO SAID PREMISES IS VESTED IN Jeffrey S. Chapwick, by Deed from Lillian J. Spidle,
widow, dated 03/03/2004, recorded 03/05/2004, in Deed Book 261, page 4891.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-7151 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY
AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF
OCTOBER 1, 2004, GSAMP TRUST 2004-AHL, Plaintiff (s)
From JEFFREY S. CHAPWICK
(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 $97,703.37 L.L. $.50
Interest FROM 2/12/07 TO 6/13/07 (PER DIEM - $16.06) - $1,943.26 AND COSTS
Atty's Comm %
Atty Paid $198.42
Plaintiff Paid
Due Prothy $1.00
Other Costs ADD'L COST - $260.50
Date: MARCH 13, 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
Telephone: 215-563-7000
C s R. Long of
By:
Deputy
Supreme Court ID No. 62205
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
DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE UNDER THE
POOLING AND SERVICING AGREEMENT
DATED AS OF OCTOBER 1, 2004, GSAMP
TRUST 2004-AHL
Plaintiff,
V.
JEFFREY S. CHAPWICK
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 06-7151 CIVIL TERM
CERTIFICATION
DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
Q an FHA mortgage
( ) non-owner occupied
( ) vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
ITI
DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE UNDER THE CUMBERLAND COUNTY
POOLING AND SERVICING AGREEMENT
DATED AS OF OCTOBER 1, 2004, GSAMP : COURT OF COMMON PLEAS
TRUST 2004-AHL
CIVIL DIVISION
Plaintiff,
V. NO. 06-7151 CIVIL TERM
JEFFREY S. CHAPWICK
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. l)
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, GSAMP TRUST 2004-
AHL , 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,1907 SPRING ROAD, CARLISLE, PA 17013.
1. Name and address of Owner(s) or reputed Owner(s):
Name
JEFFREY S. CHAPWICK
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
1951JERICHO ROAD 2
NEW BLOOMFIELD, PA 17068
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
• JAMES C. COSTOPOULOS
U.S. TREASURY DEPARTMENT
CUMBERLAND COUNTY ADULT
PROBATION
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
10 COURTHOUSE AVE, STE. 103,
CARLISLE, PA 17013
PITTSBURGH OFFICE ROOM 808, 1000
LIBERTY AVE, PITTSBURGH, PA 15222-
9974
1 COURTHOUSE SQ, CARLISLE, PA
17013-3387
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
1907 SPRING 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.
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February 12, 2007
DATE DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
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DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE UNDER THE
POOLING AND SERVICING AGREEMENT
DATED AS OF OCTOBER 1, 2004, GSAMP
TRUST 2004-AHL
Plaintiff,
V.
JEFFREY S. CHAPWICK
Defendant(s).
CUMBERLAND COUNTY
No. 06-7151 CIVIL TERM
February 12, 2007
TO: JEFFREY S. CHAPWICK
1951JERICHO ROAD 2
NEW BLOOMFIELD, PA 17068
"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
ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
Your house (real estate) at, 1907 SPRING ROAD, CARLISLE, PA 17013, is scheduled to be
sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South
Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $97,703.37 obtained by
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004, GSAMP TRUST 2004-
AHL (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.
1 y,;
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
DESCRIPTION
ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at a point in the center of the road leading to New Bloomfield, Route No. 34; thence
north 60 degrees 50 minutes east 242 feet along land now or formerly of Harry Fry to a point in the
line of land now or formerly of George Henry; thence by said latter land in a southerly direction, 140
feet to a point; thence in a westerly direction 200 feet, more or less, to a point in the center line of the
aforesaid road; thence in a northerly direction along the center line of said road 65 feet to a point, the
PLACE OF BEGINNING.
HAVING THEREON ERECTED a dwelling house known and numbered as 1907 Spring Road,
Carlisle.
BEING the same premises which Harold E. Cressler and Martha E. Cressler, his wife, by their deed
dated November 21, 1964, and recorded in the Office of the Recorder of Deeds in and for
Cumberland County in Deed Book K, Volume 21, Page 907, granted and conveyed unto Glen E.
Spidle and Lillian J. Spidle, his wife. Glen S. Spidle died December 3, 1993, thus vesting full fee
simple title in Lillian J. Spidle, Grantors herein.
PARCEL IDENTIFICATION NO: 29-17-1585-081 CONTROL #: 29003015
Premises: 1907 Spring Road, Carlisle, PA 17013
North Middleton Township, Cumberland County
Pennsylvania
RECORD OWNER
TITLE TO SAID PREMISES IS VESTED IN Jeffrey S. Chapwick, by Deed from Lillian J. Spidle,
widow, dated 03/03/2004, recorded 03/05/2004, in Deed Book 261, page 4891.
rwa
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PH ELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONI; PENN CENTER PLAZA, SUITE 1400
P1111_ADELPHIA, PA 19103
(215)563-7000 _145602
DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE UNDER THE
POOLING AND SERVICING AGREEMENT
DATED AS OF OCTOBER 1, 2004,
GSAMP TRUST 2004-AHI,
4828 LOOP CENTRAL, DRIVE
I LOUSTON, TX 77081-2226
Plaintiff
JEFFREY S. CHAPWICK
1907 SPRING ROAD
CARLISL', PA 17013
Defendant
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM ?y
NO.o- !19 vi ?VL.
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. TI IIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY 13E 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 #: 145602
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM
THIS OFFICE, 13E 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 TLIIS 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 TIIE 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.
hkl a. 145602
Plaintiff is
DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT DATED
AS OF OCTOBER 1, 2004, GSAMP TRUST 2004-AHL
4828 LOOP CENTRAL DRIVE
HOUSTON, TX 77081-2226
The name(s) and last known address(es) of the Defendant(s) are:
JEFFREY S. CHAPWICK
1907 SPRING ROAD
CAR1,]SLE, PA 17013
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
On 05/24/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS
NOMINEE FOR ACCREDITED HOME LENDERS, INC. which mortgage is recorded in the
Office of the Recorder of CUMBERLAND County, in Book: 1867, Page: 866. PLAINTIFF is
now the legal owner of the mortgage and is in the process of formalizing an assignment of same.
The premises subject to said mortgage is described as attached.
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 08/01/2006 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.
I do 4, 145602
The following amounts are due on the mortgage:
Principal Balance $91,345.51
Interest 2,859.04
07/01/2006 through 12/14/2006
(Per Diem $17.12)
Attorney's Fees 1,250.00
Cumulative Late Charges 145.56
05/24/2004 to 12/14/2006
Cost of Suit and Title Search 550.00
Subtotal $ 96,150.11
Escrow
Credit 0.00
Deficit 526.06
Subtotal $_ 526.06
TOTAL $ 96,676.17
7. 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
$ 96,676.17, together with interest from 12/14/2006 at the rate of $17.12 per diem to the date of
Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of
the mortgaged property.
PHELAN HALLINAN & SCHMIEG, LIT
BY: /s/Francis S. Hallinan _
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. IALLINAN, ESQUIRE
Attorneys for Plaintiff
Pile a 1,15602
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded
and described as follows: BEGINNING at a point in the center of the road leading to New Bloomfield, Route No. 34;
thence north 60 degrees 50 minutes east 242 feet along land now or formerly of Harry Fry to a point in the line of land
now or formerly of George Henry; thence by said latter land in a southerly direction, 140 feet to a point; thence in a
westerly direction 200 feet, more or less, to a point in the center line of the aforesaid road; thence in a northerly direction
along the center line of said road 65 feet to a point, the PLACE OF BEGINNING.
HAVING THEREON ERECTED a dwelling house known and numbered as 1907 Spring Road, Carlisle.
File 4 145602
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 unworn falsification to authorities.
FRANCIS S. HALLINAN, ESQUIRE
Attorney for Plaintiff
DATE: /? ?(
49.
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PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
215 563-7000
Deutsche Bank National Trust Company As Trustee
Under the Pooling and Servicing Agreement Dated
as of October 1, 2004, GSAMP Trust 2004-AHL
Plaintiff
Vs.
Jeffrey S. Chapwick
Defendant
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
: Civil Division
: Cumberland County
No. 06-7151 Civil Term
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the
Prothonotary to amend the judgment in this matter, and in support thereof avers the following:
1. Plaintiff commenced this foreclosure action by filing a Complaint on December 18,
2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit
"A»
2. Judgment was entered on March 13, 2007 in the amount of $97,703.37. A true and
correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as
Exhibit "B".
3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment
containing a dollar amount must be entered for the amount claimed in the complaint and any item
which can be calculated from the complaint, i.e. bringing the interest current. However, new items
cannot be added at the time of entry of the judgment.
4. The Property is listed for Sheriffs Sale on June 13, 2007. However, in the event this
motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in
accordance with Pennsylvania Rule of Civil Procedure 3129.3.
5. Additional sums have been incurred or expended on Defendant' behalf since the
Complaint was filed and Defendant has been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance $91,345.51
Interest Through 6/13/07 5,874.29
Per Diem $16.89
Late Charges 275.89
Legal fees 1,250.00
Cost of Suit and Title 1,357.00
Sheriff s Sale Costs 0.00
Property Inspections 145.00
Appraisal/Brokers Price Opinion 90.00
Mortgage Insurance Premium/Private 0.00
Mortgage Insurance
NSF (Non-Sufficient Funds charge) 0.00
Suspense/Misc. Credits 0.00
Escrow Deficit 828.99
TOTAL $101,169.68
6. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage..
7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to
inclusion of the figures set forth above in the amount of judgment against the Defendant.
8. Plaintiff's foreclosure judgment is in rem only and does not include personal
liability, as is addressed in Plaintiff's attached brief.
9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of
its proposed Motion to Reassess Damages and Order to the Defendant on April 18, 2007 and
requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant.
A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and postmarked
certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "C".
10. No Judge has previously entered a ruling in this case.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallman & S'chmieg, LLP
Date: ? By:
micneie i . ,braarora
Attorn ey or Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. I.D. No. 69849
One Penn: Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
21( 5) 563-7000
Deutsche Bank National Trust Company As Trustee
Under the Pooling and Servicing Agreement Dated
as of October 1, 2004, GSAMP Trust 2004-AHL
VS.
Jeffrey S. Chapwick
Plaintiff
Defendant
ATTORNEY FOR PLAINTIFF
: Court of Common Pleas
Civil Division
Cumberland County
: No. 06-7151 Civil Term
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
1. BACKGROUND OF CASE
Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real
estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became
due. Plaintiffs Note was secured by a. Mortgage on the Property located at 1907 Spring Road,
Carlisle, PA 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff
may advance any necessary sums, including taxes, insurance, and other items, in order to protect the
security of the Mortgage.
In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous,
promised monthly mortgage payments. Accordingly, after it was clear that the default would not be
cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently
entered by the Court, and the Property is currently scheduled for Sheriffs Sale.
Because of the excessive period of time between the initiation of the mortgage foreclosure
action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are
outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments
tendered through bankruptcy, if any.
II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
It is settled law in Pennsylvania that the Court may exercise its equitable powers to control
the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E.,
Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase
Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The
Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its
judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489
(Pa.Super.. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998).
Union National Bank of Pittsbur 1 v. Cion oli, 407 Pa.Super. 171, 595 A.2d 179 (1991).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445
Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact,
can be expected to change from day to day because the bank must advance sums in order to protect
its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must
protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d
826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment, and if there is competitive bidding for the Property,
Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to
protect its, interests. Conversely, amending the in rem judgment will not be detrimental to
Defendant as it imputes no personal liability.
In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that
a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa.
Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not
adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender
payments during the foreclosure proceeding and the advances made by the mortgage company. The
Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal
and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is
also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance
premiums, fire insurance premiums, taxes and other assessments relating to the Property. The
mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant
unjust financial losses on this loan.
III. THE FORECLOSURE JUDGMENT IS IN REM ONLY
The within case is a mortgage foreclosure action, the sole purpose of which is to take the
mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage
foreclosure is strictly in rem and does not include any personal liability. Newtown Village
Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer
Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania
Rule of Civil Procedure 1141(a).
However, Pennsylvania law requires that the foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for
bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the
mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would
receive the amount of the in rem judgment from the Sheriff.
IV. INTEREST
The Mortgage clearly requires that the Defendant shall promptly pay when due the principal
and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be
charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior
to the date of default through the date of the impending Sheriff's sale has been requested.
V. TAXES AND INSURANCE;
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure
proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale,
Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the
outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be
able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums.
Most importantly, the Mortgage specifically provides that the mortgagee may advance the
monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is
simply seeking to have the Court enforce the terms of the Mortgage.
VI. A'TTORNEY'S FEES
The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance
with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly
concluded that a request of five percent of the outstanding principal balance is reasonable and
enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and
Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super.
1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent
included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville
Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable
Court's equitable authority to set attorney's fees and costs as it deems reasonable.
VII. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE: q I g1d
Phelan Halli in & Schmieg, LLI
By:
Michele MAradford,'EYquire
Attorney for Plaintiff
Exhibit "A"
PIIELAN I-"tLLINAN &. 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 145602
DEUTSCHE BANK. NATIONAL TRUST
COMPANY AS TRUSTEE UNDER THE
POOLING /tND SERV[CTNG AGREEMENT
DATED .AS OF OCTOBER. 1, 2004,
GSAMP TRUST 2004-AHL
4828 LOOP CENTRAL DRIVE;
HOUSTON, TX 77081-2226
Plaintiff
JEFFREY & CIIAPWICK
1907 SPRING ROAD
CARLISLE, PA 17013
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. 0 L. - 71S.I
C-r"
CUMBERLAND COUNTY
Defendant
CIVIL ACTION - LAW
... rn
COMPLAINT I(N MORTGAGE FORECLOSURE ? - -7,r
NOTICE =.
You have been sued in court. If you wish to defend against the claims set forth in the Tb winK ?t?
pages, you must take action within twenty (20) days after this complaint and notice are served, b-:=`
entering a ,Mvritten appearance personally or by attorney and filing in writing with the court your Jidfens?l
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, 130 TO OR TELEPHONE T14E OFFICE SET FORTH BELOW. THIS OF'F'ICE 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, SF,RV[CES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Serviee
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
9
`
PLEASE RETURN
File #: 145602
PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
0v1, PFNiN CENTER PLAZA, SUITE 1400
P1TI1-ADELPHIA, PA 19tO3
15 563-7000 145602
DEUTSCI11; BANK NATIONAL TRUST
COMPANY AS TRUSTEE UNDER THE
POOLING AND SERVICING AGREEMENT
BATED AS OF OCTOBER 1, 2004,
GSAMP TRUST 2004-AI-IL
4828 LOOP CFNTRAI, DRIVE
I IOUSTON, TX 77081-2226
Plaintiff
JF FREY S. CHAPWICK
1907 SPRING ROAD
CARLISI E, PA 17013
Defendant
ATTORNEY FOR PLAIN'T'IFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO.
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 inust 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, CiO TO OR. TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT 1-1IRING A LAWYER.
IF YOU CANNOT AFFORD TO TITRE 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 FE-E OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
,Ve hereby Orflfy the
witbtn W be a true and
correct copy
®riiglrtal filed of reID016
File # . 145602
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM
THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEIST 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 WrrHIN 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 FIRSTCONTACT WITH YOU BEFORE
SUING YOU TO COLLECTTHIS 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. HOWEV 'R, 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.
Fife #: 145602
Plaintiff is
DL..U'.l-SCI-IE BANK NATIONAL TRUST
COMPANY AS TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT DATED
AS OF OCTOBER 1, 2004, GSAMP TRUST 2004-AHL
4828 LOOP CENTRAL DRRIE
HOUSTON, 'FX 77081-2226
2. The name(s) and last known address(es) of the Defendant(s) are:
JEFI'REY S. CHAPWICK
1907 SPRING ROAD
CARLISLE, PA 17013
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 05/24/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A
NOMINEE FOR ACCREDITED HOME LENDERS, INC. which mortgage is recorded in the
Office of the Recorder of CUMBERLAND County, in Book: 1867, Page: 866. 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.
S. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 08/01/2006 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 h: 145602
6. The following amounts are due on the mortgage:
Principal Balance $91,345.51
Interest 2,859.04
07/0112006 through 12/14/2006
(Per Diem $17.12)
Attorney's Fees 1,250.00
Cumulative Late Charges 145.56
05/24/2004 to 12/14/2006
Cost of Suit and Title Search 550.00
Subtotal $ 96,150,11
Escrow
Credit 0.00
Deficit 526.06
Subtotal $ 526.06
FOTAL $ 96,676.17
7. The altorney'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 Safe. I:l'
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 198:3, 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
$50,0()0.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$ 96,676. 17, together with interest from 12/14/2006 at the rate of $17.12 per diem to the date of
Judgment, 2.nd other costs and charges collectible; under the mortgage and for the foreclosure and sale of
the mortgaged property.
PFIFLAN HALLINAN & SCHMIEG, UP
By: /s/Francis S. Hallinan
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALO [NAN, ESQUIRE
Attorneys for Plaintiff
file #: 145602
LEGAL DESCRIPTION
ALL THAT CLRTi11N tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, hounded
and described as follows: BEGINNING at a point in the center of the road leading to New Bloomfield, Route No. 34;
thence north 60 degrees 50 minutes east 242 feet along land now or formerly of Harry Fry to a point in the line: of land
.now or formerly ofGcorge Henry; thence by said latter land in a southerly direction, 140 feet to a point; thence in a
westerly direction 200 feet, more or less, to a point in the center line of the aforesaid road; thence in a northerly cirection
along the center line of said road 65 feet to a point, the PLACE OF BEGINNING.
HAV;NG THEREON ERECTED a dwelling house known and numbered as 1907 Spring Road, Carlisle.
Mle k 145602
Exhibit "B"
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
DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE UNDER THE
POOLING AND SERVICING AGREEMENT
DATED AS OF OCTOBER 1, 2004, GSAMP
TRUST 2004-AHL
4828 LOOP CENTRAL DRIVE
HOUSTON, TX 77081-2226
Plaintiff,
JL7
71Ar&*
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 06-7151 CIVIL TERM
V.
I r-7
`n
JEFFREY S. CHAPWICK i,
FTI
Defendant(s). ca c-r
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 JEFFREY S.
CHAPWICK Defendant(s) for failure to file an Answer to Plaintiff's 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 $96,767.17
Interest from 12/15/06 to 02/12/07 $1,027.20
TOTAL $979703.37
1 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.
1 , v ri
`y
Y DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
DAMAGES .ARE HEREBY ASSESSED AS INDICATED.
DATE:
PRO PROTHY
145602
Exhibit "C"
PHELAN HALLINAN & SCHMIEG, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
michele.bradford@fedphe.com
Michele M. Bradford, Esquire
Representing Lenders in
Pennsylvania and New Jersey
April 17, 2007
Jeffrey S. Chapwick
1907 Spring Road
Carlisle, PA 17013
RE: Deutsche Bank National Trust Company As Trustee Under the Pooling and Servicing
Agreement Dated as of October 1, 2004, GSAMP Trust 2004-AHL vs. Jeffrey S. Chapwick
Premises Address: 1907 Spring Road, Carlisle, PA 17013
Cumberland County CCP, No. 06-7151 Civil Term
Dear Defendant,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking your
concurrence with the requested relief that is, increasing the amount of the judgment. Please
respond to :me within five days, by Monday, April 23, 2007.
Should you have further questions or concerns, please do not hesitate to contact me.
Otherwise, please be guided accordingly.
V . urs "
Mi hel a f d, Esquire
For Phe an Hallinan n & Schmieg, LLP
Enclosure
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VERIFICATION
Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this
action, that she is authorized to make this verification, and that the statements made in the foregoing
Motion to Reassess Damages 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. §4904 relating to unsworn falsification to authorities.
oArE
Phelan Ha li 7TAL
By: P
Michele radford, Esquire
Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
215 563-7000
Deutsche Bank National Trust Company As Trustee
Under the Pooling and Servicing Agreement Dated
as of October 1, 2004, GSAMP Trust 2004-AHL
Plaintiff
VS.
Jeffrey S. Chapwick
Defendant
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
Cumberland County
: No. 06-7151 Civil Term
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individual on the date indicated below.
Jeffrey S. Chapwick
1907 Spring Road
Carlisle, PA 17013
Jeffrey S. Chapwick
11 Sherwood Drive
Carlisle, PA 17013
Jeffrey S. Chapwick
1951 Jericho Road 2
New Bloomfield, PA 17068-8654
DATE:
Phelan li Mnie
, LLP
By:
Mi
chele , uire
Attorney r Plaintiff
DEUTSCHE BANK NATIONAL
TRUST COMPANY AS
TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT
DATED AS OF OCTOBER 1, 2004,
GSAMP TRUST 2004-AHL
PLAINTIFF
V.
JEFFREY S. CHAPWICK,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-7151 CIVIL
ORDER OF COURT
AND NOW, this 30th day of April, 2007, upon consideration of the Motion to Reassess
Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Defendant to show cause why the relief requested should
not be granted;
2. The Defendant will file an answer on or before May 21, 2007;
3. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be
made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer
raises disputed issues of material fact, an evidentiary hearing will then be scheduled.
4. The Prothonotary is directed to forward said Answer to this Court.
By the Court,
Nqo,?Ax
M. L. Ebert, Jr., J.
?Michelle M. Bradford, Esquire
Counsel for Plaintiff
Qffrey S. Chapwick
Defendant J
bas
CZ :8 Wv Z- W LOU
Jr LC?i iu'r O ad CHI 30
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
Deutsche Bank National Trust Company As Trustee Court of Common Pleas
Under the Pooling and Servicing Agreement Dated
as of October 1, 2004, GSAMP Trust 2004-AHL Civil Division
Plaintiff
VS.
: Cumberland County
No. 06-7151 Civil Term
Jeffrey S. Chapwick
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a
Rule Return date of May 21, 2007 was sent to the following individual on the date indicated
below.
Jeffrey S. Chapwick
1907 Spring Road
Carlisle, PA 17013
Jeffrey S. Chapwick
1951 Jericho Road 2
New Bloomfield, PA 17068-8654
Jeffrey S. Chapwick
11 Sherwood Drive
Carlisle, PA 17013
DATE: 6A 6--
By:
7Mii
ttorney for Plaintiff
1 ' ieg, LLP
hel M. Brad r , squire
t°7 G?-a t?7
C__ J `Y 7
C.11 ?
CO 1
r.1
I SHERIFF'S RETURN - NOT FOUND
r
CASE NO: 2006-07151 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
DEUTSCHE BANK NATIONAL TRUST
VS
CHAPWICK JEFFREY S
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
CHAPWICK JEFFREY S but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE ,
, NOT FOUND , as to
the within named DEFENDANT
11 SHERWOOD DRIVE
CHAPWICK JEFFREY S
CARLISLE, PA 17013
DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
(.,.. r/a y 1e 9
So answers:
6.00 --/-
4.40
5.00 R. Th as Kline
10.00 Sheriff of Cumberland County
.00
,-/25.40 PHELAN HALLINAN SCHMIEG
01/10/2007
Sworn and Subscribed to before
me this day of
A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-07151 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DEUTSCHE BANK NATIONAL TRUST
VS
CHAPWICK JEFFREY S
SGT BRYAN WARD , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
CHAPWICK JEFFREY S the
DEFENDANT , at 1550:00 HOURS, on the 9th day of January , 2007
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
CARLISLE, PA 17013 by handing to
JEFFREY CHAPWICK
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Additional Comments
1907 SPRING ROAD CARLISLE IS VACANT.
Sheriff's Costs:
Docketing 18.00
Service 13.20
Affidavit .00
Surcharge 10.00
.00
(/1,1/01 i/ 41.20
h
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
01/10/2007
PHELAN HALLINAN SCHMIEG <-?? /? j
By:
De y Sl?ej?f ff
A. D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2006-07151 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DEUTSCHE BANK NATIONAL TRUST
VS
CHAPWICK JEFFREY S
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
?rrw re.r ?rf TTIT TT TII) but was unable to locate Him
deputized the sheriff of PERRY
in his bailiwick. He therefore
serve the within COMPLAINT - MORT FORE
County, Pennsylvania, to
On January 10th , 2007 , this office was in receipt of the
attached return from PERRY
Sheriff's Costs: So answe_s:
Docketing 6.00
Out of County 9.00
Surcharge 10.00 R. Thomas K ine
Dep Perry County 24.82 Sheriff of Cumberland County
.00
, L f lzy `0-7 49 . 82
01/10/2007
PHELAN HALLINAN SCHMIEG
Sworn and subscribe to before me
this day of
A. D.
In The Court of Common Pleas of Cumberland County, Pennsylvania
Deutsche Bank National Trust Canpany
VS.
Jeffrey S. Chapwick
No. 06-7151 civil
Now, December 19, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Perry
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
+f' :771 W
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a copy of the original
and made known to
So answers,
Sheriff of
Sworn and subscribed before
me this day of , 20
20 , at o'clock M. served the
COSTS
SERVICE -
MILEAGE _
AFFIDAVIT
the contents thereof.
County, PA
SHERIFF'S RETURN
Deutsche Bank National Trust Company
VS
Jeffrey S. Chapwick
1951 Jericho Rd. # 2
New Bloomfield, PA 17068
In the Court of Common Pleas
Of the 41St Judicial District
of Pennsylvania-
Perry County Branch
No. 2006-7151 Cumberland County
Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a
diligent search and inquiry for the within named Defendant(s) to wit Jeffrey S.
Chapwick, but was unable to locate him/her in his bailiwick. He therefore returns the
within Complaint in Mortgage Foreclosure, for the above named Defendant(s)
Jeffrey S. Chapwick at 1951 Jericho Rd. New Bloomfield, PA 17068, NOT
FOUND. NO ONE AT ABOVE STATED ADDRESS KNOWS OF DEFENDANT
EVER LIVING THERE.
Sworn and subscribed to before me
this 3i-o( day of J-a h a ; 2007.
/ lail --F •-Af-A'l
NOTARIAL SEAL
MARGARET F. FLICKINGER, NOTARY PUBLIC
BLOOMFIELD BORO., PERRY COUNTY
MY COMMISSION EXPIRES FEB. 16, 2008
Sincerely,
Carl E. Nace
Sheriff of Perry County
Phelan Hallinan & Schmieg LLP
By: Daniel G. Schmieg, Esq., Id. No. 62205
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Pat.Wilkins@fedphe.com
Attorney for Plaintiff
DEUTSCHE BANK
NATIONAL TRUST
COMPANY AS TRUSTEE
UNDER THE POOLING &
SERVICING AGREEMENT
DATED AS OF 10/1/04
GSAMP TRUST 2004-AHL
VS.
JEFFREY S. CHAPWICK
Court of Common Pleas
Civil Division
Cumberland County
No. 06-7151-CIVIL TERM
MOTION FOR SERVICE PURSUANT TO
SPECIAL ORDER OF COURT
Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this
Honorable Court for an Order directing service of the Notice of Sale and all future pleadings
upon the above-captioned Defendant(s), JEFFREY S. CHAPWICK by first class mail and
certified mail to the Defendant's last known address, 1951 JERICHO ROAD 2, NEW
BLOOMFIELD, PA 17068 and 11 SHERWOOD DRIVE, CARLISLE, PA 17013 and
4
mortgaged premises, 1907 SPRING ROAD, CARLISLE, PA 17013, posting of the
mortgaged premises, 1907 SPRING ROAD, CARLISLE, PA 17013, and publication
pursuant to Pa. R.C.P. 430, and in support thereof avers as follows:
1. Attempts to serve Defendant(s), JEFFREY S. CHAPWICK, personally
with the Notice of Sale have been unsuccessful. The Sheriff of Cumberland County
attempted to serve the Defendant(s) at the mortgaged premises, 1907 SPRING ROAD,
CARLISLE, PA 17013. As indicated by the Sheriffs Return of Service attached hereto as
Exhibit "A".
2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate
the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries
made and the results is attached hereto as Exhibit "B".
3. Plaintiff contacted the Prothontary's Office and as of May 23, 2007, there
has been no other ruling on this case.
4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent
a copy of its Proposed Motion for Special Service and Order to the Defendant(s) on MAY 7,
2007 and requested Defendant's concurrence. Plaintiff did not receive any written response
from the Defendant(s). A true and correct copy of Plaintiff's May 23, 2007 letter and
postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part
hereof, and marked Exhibit "C".
5
5. Plaintiff has reviewed its internal records and has not been contacted by
the Defendant(s) as of May 23, 2007 to bring loan current.
6. Plaintiff submits that it has made a good faith effort to locate the
Defendant(s), JEFFREY S. CHAPWICK but has been unable to do so.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an
Order pursuant to Pa. R.C.P. 430 directing service of the Notice of Sale by first class mail,
certified mail, by posting of the premises and by publication.
Respectfully submitted,
Phelan Hallinan & Schmieg, LLP
By:. Ais
Daniel G. Schmieg, squire
Attorneys for Plainti
May 23, 2007
6
Phelan Hallinan & Schmieg LLP
By: Daniel G. Schmieg, Esq., Id. No. 62205
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Pat. Wilkins@fedphe.com
DEUTSCHE BANK
NATIONAL TRUST
COMPANY AS TRUSTEE
UNDER THE POOLING &
SERVICING AGREEMENT
DATED AS OF 10/1/04
GSAMP TRUST 2004-AHL
vs.
JEFFREY S. CHAPWICK
Attorney for Plaintiff
Court of Common Pleas
Civil Division
Cumberland County
No. 06-7151-CIVIL TERM
MEMORANDUM OF LAW
Pa. R.C.P. 430 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(s) 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
7
603 (1976).
An illustration of good faith effort to locate the defendant includes (1) inquires 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.
(b) (1) If service of process by publication has been authorized by rule of
civil procedure or order of court, the publication shall be by advertising a notice of
the action once in the legal publication, if any, designated by the court for the
publication of legal notices and in one newspaper of general circulation within the
county. The publication shall contain the caption of the action and the names of
the parties, state the nature of the action and conclude with a notice.
(b) (2) When service is made by publication upon the heirs and assigns of a named
former owner or party in interest, the court may permit publication against the heirs or
assigns generally if it is set forth in the Notice of Sale or an affidavit that they are unknown.
As indicated by the attached Sheriffs Return of Service, marked hereto as 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
Reasonable Investigation, marked Exhibit "B".
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an
Order pursuant to Pa. R.C.P. 430 directing service of the Notice of Sale by first class mail,
certified mail, by posting of the mortgaged premises and by publication pursuant to Pa.
R.C.P. 430.
Respectfully submitted,
Phelan Hallinan & Schmieg, LLP
By:
Daniel G. Schmieg,
Attorney for Plaintiff
Date: May 7, 2007
8
FULL SPECTRUM LEGAL SERVICES, INC.
AFFIDAVIT OF GOOD FAITH INVESTIGATION
File Number: 145602
Attomey Firm: Phelan, Hallinan & Schmieg, LLP
Subject: Jeffrey Chapwick
Property Address: 1907 Spring Road, Carlisle, PA 17013
Possible Mailing Address: 1951 Jericho Road 2, New Bloomfield, PA 17068
11 Sherwood Drive, Carlisle, PA 17013
1, Brendan Booth, 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) and have discovered the
following:
1:. CREDIT INFORMATION
A. SOCIAL SECURITY NUMBER
Our search verified the following information to be true and correct
Jeffrey Chapwick -138-68-5548
B. EMPLOYMENT SEARCH
Jeffrey Chapwick - A review of the credit reporting agencies provided no employment information.
C. INQUIRY OF CREDITORS
Our inquiry of creditors indicated that Jeffrey Chapwick reside(s) at: 1907 Spring Road, Carlisle, PA
17013.
II. INQUIRY OF TELEPHONE COMPANY
A. DIRECTORY ASSISTANCE SEARCH
Our office contacted directory assistance, which had no listing for Jeffrey Chapwick.
B. On 12-08-06 our office made a telephone call to the phone number (717) 347-4864 and received the
following information: disconnected. On 12-08-06 our office made several telephone calls to the phone
number (717) 697-2243 and received the following information: answering machine.
III. INQUIRY OF NEIGHBORS
On 12-08-06 our office made several phone calls in an attempt to contact Juli A. Coyle (717) 243-8285,
1910 Spring Road, Carlisle, PA 17013: answering machine.
On 12-08-06 our office made several phone calls in an attempt to contact Edward E. Minnick Jr. (717)
258-0356,1915 Spring Road, Carlisle, PA 17013: answering machine.
On 12-08-06 our office made a phone call in an attempt to contact Erica Willis (717) 245-2131,1917 Spring
Road, Carlisle, PA 17013: disconnected.
On 12-08-06 our office made several phone calls in an attempt to contact Mabel M. Magee (717) 582-4897,
2024 Jericho Road, New Bloomfield, PA 17068: no answer.
On 12-08-06 our office made several phone calls in an attempt to contact Russell K. McBride (717) 582-
3267,2025 Jericho Road, New Bloomfield, PA 17068: answering machine.
On 12-08-06 our office made several phone calls in an attempt to contact Scott Washinger (717) 582-4406,
1850 Jericho Road, New Bloomfield, PA 17068: answering machine.
On 12-08-06 our office made a phone call in an attempt to contact Bonnie L. Holtry (717) 697-2770,10
Sherwood Drive, Carlisle, PA 17013: hung up.
On 12-08-06 our office made several phone calls in an attempt to contact John E. Miller (717) 766-0837,14
Sherwood Drive, Carlisle, PA 17013: answering machine.
On 124)8-06 our office made several phone calls in an attempt to contact Roy D. Hillman (717) 697-0963,
18 Sherwood Drive, Carlisle, PA 17013: no answer.
IV. ADDRESS INQUIRY
A. NATIONAL ADDRESS UPDATE
On 12-08-06 we reviewed the National Address database and found the following information: Jeffrey
Chapwick -11 Sherwood Drive, Carlisle, PA 17013.
B. ADDITIONAL ACTIVE MAILING ADDRESSES
Per our inquiry of creditors, the following is a possible mailing address: 11 Sherwood Drive, Carlisle, FA
17013 & 1951 Jericho Road 2, New Bloomfield, PA 17068.
V. DRIVERS LICENSE INFORMATION
A. MOTOR VEHICLE & DMV OFFICE
Per the PA Department of Motor Vehicles, we were unable to obtain address information on Jeffrey
Chapwick.
VI. OTHER INQUIRIES
A. DEATH RECORDS
As of 12-08-06 Vital Records and all public databases have no death record on file for Jeffrey Chapwick.
B. COUNTY VOTER REGISTRATION
The county voter registration was unable to confirm a registration for Jeffrey Chapwick residing at: last
registered address.
VII. ADDITIONAL INFORMATION OF SUBJECT
A. DATE OF BIRTH
Jeffrey Chapwick -10-14-1955
B. A.K.A.
Jeffrey S. Chapwick
* Our accessible databases have been checked and crass-referenced for the above named
individual(s).
* Please be advised our database information indicates the subject resides at the current address.
I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing
states made by me are willfully false, I am subject to punishment.
I hereby verify that the statements 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 Pa C.S. Sec.
4904 relating to unworn falsification to authorities.
mo I; 1AL SEAL
"ORA Wii. FERRER i?aol?y.Pdbk
AFFIANT -Brendan Booth ,Nar
Full Spectrum Legal Services, Inc. i .....'? ..
Sworn to and subscribed before me this 8th day of December, 2006.
The above information is obtained from available public records
and we are only liable for the cost of the affidavit. WD
PHELAN HALLINAN & SCI MIEG, L.L.P.
Suite 1400
One Penn Center Plaza at Suburban Station
Philadelphia, PA 19103
215-563-7000
Main Fax: 215-563-7009
E-mail Pat.Wilkins@fedphe.com
PAT WILKINS, 1499
Service Department
Representing Lenders in
Pennsylvania and New Jersey
May 7, 2007
JEFFREYS. CHAPWICK
1907 SPRING ROAD
CARLISLE, PA 17013
RE: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE
POOLING & SERVICING AGREEMENT DATED AS OF 1011104 GSAMP TRUST 2004-
A HL vs. JEFFREYS CHAPWICK
Premises Address: 1907 SPRING ROAD, CARLISLE, PA 17013
Cumberland County, No. 06-7151-CIVIL TERM
Dear Defendant,
Enclosed please find a true and correct copy of my proposed Motion for Special
Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am
seeking concurrence with the requested relief that is, Special Service. Please respond to me
within one week, by May 14, 2006.
Should you have any further questions or concerns, please do not hesitate to
contact me. Otherwise, please be guided accordingly.
Ve ru yours,
AT WILMS
For Daniel G. Schmieg, Esquire
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AFFIDAVIT OF SERVICE
PLAINTIFF DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE UNDER THE
POOLING AND SERVICING
AGREEMENT DATED AS OF OCTOBER
1, 2004, GSAMP TRUST 2004-AHL
DEFENDANT(S) JEFFREY S. CHAPWICK
CUMBERLAND COUNTY
No. 06-7151 CIVIL TERM
PHS#145602
Type of Action
- Notice of Sheriffs Sate
SERVE JEFFREY S. CHAPWICK AT Sale Date: JUNE 13, 2007
1907 SPRING ROAD
CARLISLE PA 17013
SERVED
Served and made known to . Defendant, on the day of . 200_,
at . o'clock _.m., at
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 Height Weight Race Sex Other
Commonwealth
I, , a competent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at
the address indicated above.
Sworn to and subscribed
before me this day
of . 200_.
Notary: By:
PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED.
NOT SERVED
On the ? day of AAYL 2007, at Z o'clocl J`? .m., Defendant NOT FOUND because:
V Moved Unknown No Answer ?? Vacant
1" Attempt: 0^1 Time: d bOK 2°d Attempt:,,/17/ 0 Time: Y : %dZ !gm
3rd Attempt: Time: T
? S
k1ess - Nb -1 rr mz+? Ulu
v ? h
of 200
y
Attorney r bintiff
Daniel Schn 18 - I.D. No. 62205
Shft of N w ,Jersey
PATRICK E. HARRIS
Cwmis" Ejo es Jurie 16, 2408
k"-k%k
? sz
AFFIDAVIT OF SERVICE
PLAINTIFF DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE UNDER THE
POOLING AND SERVICING
AGREEMENT DATED AS OF OCTOBER
11, 2004, GSAMP TRUST 2004-AHL
DEFENDANT(S) JEFFREY S. CHAPWICK
SERVE JEFFREY S. CHAPWICK AT
1951JERICHO ROAD 2
NEW BLOOMFIELD, PA 17068
CUMBERLAND COUNTY
No. 06-7151 CIVIL TERM
ACCT. #122_2656_8
a
Type of Actiongs* i 4Q40
- Notice of Sheriff's Sale
Sale Date: JUNE 13, 2007
SERVED
Served and made known to Defendant, on the day of . 200_,
at . o'clock _.m., at Commonwealth
of Pennsylvania, in the manner described below:
DefaWant personally served.
Adult family member with whom Defendant(s) reside(s). Name and Relationship is
Adult in charge of De&%dant(s)'s residence who refused to give name or relationship.
Manager/Ciak 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 • Height Weight Race Sex Other
I, . a competent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at
the address indicated above.
Sworn to and subscribed
before me this day
of .200 .
Notary: By:
PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & T 4ES OF SERVICE ATTEMPTED.
NOT SERVED
On the "-A day of . 200 ? at 1 01' o'clock Defendant NOT FO because: WV*
Moved Unknown No Answer Vacant Owar/1?•?dlow qW ?
STS 4.44;I Y'??uled
15' Attempt:_ 15 / LS 167 Time: '7 : DD 2ad Attempt: / I ? L V Time: 10 : 60
-
3rd Attempt: -Time: is- P.+ a"wiw44
e?m1M ana c..tie..r:h,..4 C* w (ck • ?(A uWO-t i Yom' '?'I f
?34G2 projwt? ,s
Daniel G. S& i LD No. 62205
TRiC1A E.
6.k. dtfe 18, 200a
by Dwnis. 1.-
vacaKj I I.lsK•f -Parsst$
Ec1cm I*- (It '1-3%5- -4Z4)
y ".
AFFIDAVIT OF SERVICE
PLAINTIFF DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE UNDER THE
POOLING AND SERVICING
AGREEMENT DATED AS OF OCTOBER
19 2004, GSAMP TRUST 2004-AHL
DEFENDANT(S) JEFFREY S. CHAPWICK
SERVE JEFFREY S. CHAPWICK AT
11 SHERWOOD DRIVE
CARLISLE PA 17013
SERVED
CUMBERLAND COUNTY
i
No. 06-7151 CIVIL TERM
PHS#145602
Type of Action
- Notice of Sheriffs Sale
Sale Date: JUNE 13, 2007
Served and made known to . Defendant, on the day of .200_,
at . o'clock _.m., at 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 Height Weight Race Sex Other
I, , a competent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at
the address indicated above.
Sworn to and subscribed
before me this day
of , 200.
Notary: By:
PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED.
NOT SERVED
On the -2(51 day of 1 L 2001, at ° o'clock -r-m-, Defendant NOT FOUND because:
Moved Unknown No Answer Vacant I/ t4 k"
I" Attempt: 4-11 / 6'7 Time:_ 9 :36 Am 2'd Attempt: Time:
er
3rd Attempt: 0-7 Time: : z6 R{?sic?ewt @ Cbon S-?-on? 5}?d -f'??}S
Slnce ire jaij+ Vie. howce 1 p% tQ-1 ?.
d subscribed FtAr ?'kOvw 4ve i'?'1it>?- N@ i5 NAT i?}ed W r-f %..
bef th ?*d W?i+ MV. ?hapv??tr-IZ hag Merer r?s4Q.AkQ4e?n .
of 2007 _ Mr. S "er Nas beaM vtc eiv iµy ma; l a4uc
No ` By: a call 6 -(WY
A r nti
DAni G. SCbWtW we
I.D. No. 62205
Stale of New jersey
PATRICIA F. HARRIS
Ctxrnnissia Expires June 16,100#
5-3-
VERIFICATION
Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for
the Plaintiff in this action, that he is authorized to make this Affidavit, and that the
statements made in the foregoing MOTION FOR SERVICE PURSUANT TO
SPECIAL ORDER OF COURT are true and correct to the best of his knowledge,
information and belief.
The undersigned understands that the statements made are subject to the
penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
Respectfully submitted,
Phelan Hallinan & Schmieg, LLP
By:
Davie G. Schmieg, Esq
Attorney for Plaintiff e
May 7, 2007
9
Phelan Hallinan & Schmieg, LLP
By: Daniel G. Schmieg, Esq., Id. No. 62205
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Pat.Wilkins@fedphe.com Attorney for Plaintiff
DEUTSCHE BANK Court of Common Pleas
NATIONAL TRUST
COMPANY AS TRUSTEE
UNDER THE POOLING &
SERVICING AGREEMENT
DATED AS OF 10/1/04
GSAMP TRUST 2004-AI TL
Civil Division
VS. Cumberland County
No. 06-7151-CIVIL TERM
JEFFREY S. CHAPWICK
CERTIFICATION OF SERVICE
I hereby certify that a copy of the Motion for Service Pursuant to Special Order of
Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the
individual(s) as indicated below by first class mail, postage prepaid, on the date listed
below.
JEFFREY S. CHAPWICK:
1907 SPRING ROAD
CARLISLE, PA 17013
1951 JERICHO ROAD 2
NEW BLOOMFIELD, PA 17068
10
II SHERWOOD DRIVE
CARLISLE, PA 17013
The undersigned understands that this statement is made subject to the
penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities.
Respectfully submitted,
Phelan Hallinan & Schmieg, LLP
By:
Daniel G. Schmie Esquire
Date: May 7, 2007 Attorney for Plaint ff
11
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PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
Deutsche Bank National Trust Company As Trustee
Under the Pooling and Servicing Agreement Dated
as of October 1, 2004, GSAMP Trust 2004-AHL
Plaintiff
VS.
Jeffrey S. Chapwick
Defendant
ATTORNEY FOR PLAINTIFF
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 06-7151 Civil Term
MOTION TO MAKE RULE ABSOLUTE
Deutsche Bank National Trust Company As Trustee Under the Pooling and Servicing
Agreement Dated as of October 1, 2004, GSAMP Trust 2004-AHL, by and through its attorney,
Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause
absolute in the above-captioned action, and in support thereof avers as follows:
1. That it is the Plaintiff in this action.
2. A Motion to Reassess Damages was filed with the Court on April 26, 2007.
3. A Rule was entered by the Court on or about April 30, 2007 directing the
Defendant to show cause why the Motion to Reassess Damages should not be granted. A true
and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A".
4. The Rule to Show Cause was timely served upon all parties on May 10, 2007, in
accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate
of Service is attached hereto, made part hereof, and marked Exhibit "B".
5. Defendant failed to respond or otherwise plead by the Rule Returnable date of
May 21.2007.
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiff s Motion to Reassess Damages.
Ti WBr?a & CHMIEG, LLP
T:? a3l 6:?-
Date , s 61 ir e
Attorney for the Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
Deutsche Bank National Trust Company As Trustee
Under the Pooling and Servicing Agreement Dated
as of October 1, 2004, GSAMP Trust 2004-AHL
VS.
Jeffrey S. Chapwick
Plaintiff
Defendant
ATTORNEY FOR PLAINTIFF
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 06-7151 Civil Term
BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE
A Motion to Reassess Damages was filed with the Court on April 26, 2007. A Rule was
entered by the Court on or about April 30, 2007 directing the Defendant to show cause why the
Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served
upon all parties on May 10, 2007 in accordance with the applicable rules of civil procedure.
Defendant failed to respond or otherwise plead by the Rule Returnable date of May 21, 2007.
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiffs Motion to Reassess Damages.
HMIEG, LLP
7Nd je
Date Michele M. Attorney for the Plaintiff
Exhibit "A"
DEUTSCHE BANK NATIONAL
TRUST COMPANY AS
TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT
DATED AS OF OCTOBER 1, 2004,
GSAMP TRUST 2004-AHL
PLAINTIFF
V.
JEFFREY S. CHAPWICK,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-7151 CIVIL
ORDER OF COURT
AND NOW, this 30`h day of April, 2007, upon consideration of the Motion to Reassess
Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Defendant to show cause why the relief requested should
not be granted;
2. The Defendant will file an answer on or before May 21, 2007;
3. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be
made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer
raises disputed issues of material fact, an evidentiary hearing will then be scheduled.
4. The Prothonotary is directed to forward said Answer to this Court.
By the Court,
M. L. Ebert, Jr., J.
Michelle M. Bradford, Esquire
Counsel for Plaintiff
Jeffrey S. Chapwick
Defendant
bas
Exhibit "B"
Tli !. _? .-St
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PHELAN HALLINAN & SCH IIEG, LLP
by. Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard y <? .rl
Philadelphia, PA 19103-1814
(215) 563-7000 P ;
Deutsche Bank National Trust Company As Trustee : Court of Common Pleas
Under the Pooling and Servicing Agreement Dated
as of October 1, 2004, GSAMP Trust 2004-AHL Civil Division
Plaintiff : Cumberland County
vs.
No. 06-71 S 1 Civil Term
Jeffrey S. Chapwick ,
Defendant
CERTI WSERVICE
I hereby certify that a true and corrc copy of our Motion to Reassess Damages noting a
Rule Return date of May 21, 2007 was sent to the following individual on the date indicated
below.
Jeffrey S. Chapwick
1907 Spring Road
Carlisle, PA 17013
Jeffrey S. Chapwick
1951 Jericho Road 2
New Bloomfield, PA 17068-8654
DATE: b
Jeffrey S. Chapwick
11 Sherwood Drive
Carlisle, P `7013
ieg, LLP
By.
Mi heI M. Brad r squire
Attorney for Plaintiff
VERIFICATION
Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this
action, that she is authorized to make this verification, and that the statements made in the
foregoing Motion to Make Rule Absolute 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 sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsifin of authorities.
Date
Michele M. Bradford.
Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Deutsche Bank National Trust Company As Trustee
Under the Pooling and Servicing Agreement Dated
as of October 15 2004, GSAMP Trust 2004-AHL
VS.
Jeffrey S. Chapwick
Plaintiff
Defendant
ATTORNEY FOR PLAINTIFF
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 06-7151 Civil Term
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute
and Brief in Support thereof were served upon the following individuals on the date indicated
below.
Jeffrey S. Chapwick
1907 Spring Road
Carlisle, PA 17013
Jeffrey S. Chapwick
11 Sherwood Drive
Carlisle, PA 17013
Jeffrey S. Chapwick
1951 Jericho Road 2
New Bloomfield, PA 17068-8654
DATE:
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DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE
UNDER THE POOLING & SERVICING
AGREEMENT DATED AS OF 10/01/04
GSAMP TRUST 2004-AHL
PLAINTIFF
V.
JEFFREY S. CHAPWICK
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
06-7151 CIVIL
ORDER OF COURT
AND NOW, this 291" day of May, 2007, upon consideration of the Plaintiff's
Motion for Service Pursuant to Special Order of Court under Pa.R.C.P. 430(a) and it
appearing to the Court that Plaintiff's good faith efforts to ascertain the present
whereabouts of Defendant, Jeffrey S. Chapwick, has been unsuccessful, Plaintiff's
Motion is GRANTED.
IT IS ORDERED AND DIRECTED:
1. That the Sheriff and/or Plaintiff is directed to serve the Notice of Sale upon
Defendant, Jeffrey S. Chapwick by posting a copy of the Notice of Sale upon the
premises at 1907 Spring Road, Carlisle, PA 17013;
2. That the Plaintiff serve the Notice of Sale and all future pleadings by certified
and regular mail to the Defendant's last known addresses at 1951 Jericho Road 2, New
Bloomfield, PA 17068 and 11 Sherwood Drive, Carlisle, PA 17013 and the mortgaged
premises located at 1907 Spring Road, Carlisle, PA 17013;
3. That the Plaintiff effect service by publication to include the notice prescribed
in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland
County, Pennsylvania;
VlaNVA-lA' NN13d
S : I I WV I - Nnr LOOZ
301--430-01111
4. All further service of legal papers, including but not limited to motions,
petitions and rules be made by certified and regular mail to Defendant's last known
addresses and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil
Procedure 3129 may be made upon Defendant, Jeffrey S. Chapwick by sending copies
of same to Defendant's last known addresses by certified and regular mail, by posting
the premises and by publication to include the notice as prescribed in Pa.R.C.P. 430, in
a legal journal and newspaper of general circulation in Cumberland County,
Pennsylvania.
By the Court,
M. L. Ebert, Jr.,
Daniel G. Schmieg, Esquire
Attorney for Plaintiff
.GAcl inu?c?( G - o/- 0 7
Cumberland County Sheriff'
J.
bas
Mar 31 2W AW
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Deutsche Bank National Trust Company As Trustee Court of Common Pleas
Under the Pooling and Servicing Agreement Dated
as of October 1, 2004, GSAMP Trust 2004-AHL Civil Division
Plaintiff
VS.
Jeffrey S. Chapwick
Defendant
Cumberland County
: No. 06-7151 Civil Term
ORDER
AND NOW, this S? day of 1,34%t, , 2007, upon consideration of Plaintiff's
Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered
upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess
Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to
amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows:
Principal Balance $91,345.51
Interest Through 6/13/07 5,874.29
Per Diem $16.89
Late Charges 278.89
Legal fees 1,250.00
Cost of Suit and Title 1,357.00
Sheriffs Sale Costs 0.00
Property Inspections 145.00
Appraisal/Brokers Price Opinion 90.00
Mortgage Ins. Premium/Private 0.00
Mortgage Ins.
NSF (Non-Sufficient Funds charge) 0.00
S 1: l i WV i- Of LOU
IOH aglu
Suspense/Misc. Credits
Escrow Deficit
TOTAL
Jeffrey S. Chapwick
1907 Spring Road
Carlisle, PA 17013
Plus interest from 6/13/07 through the date of sale at six percent per annum.
Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above
figure.
BY THE COURT:
- Y%? -V, ?A?
J.
Michele M. Bradford, Esquire
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
TEL: (215) 563-7000
FAX: (215) 563-3459
michele.bradford(&fednhe.com
/4,M
?ry?a Q??Q G (?D I
Jeffrey S. Chapwick
11 Sherwood Drive
Carlisle, PA 17013
0.00
828.99
$101,169.68
Jeffrey S. Chapwick
1951 Jericho Road 2
New Bloomfield, PA 17068-8654
145602
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
DEUTSCHE BANK NATIONAL TRUST COMPANY AS CUMBERLAND COUNTY
TRUSTEE UNDER THE POOLING AND SERVICING COURT OF COMMON PLEAS
AGREEMENT DATED AS OF OCTOBER 1, 2004,
GSAMP TRUST 2004-AHL CIVIL DIVISION
Plaintiff,
V NO. 06-7151 CIVIL TERM
JEFFREY S. CHAPWICK
Defendant(s)
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND ) SS:
I, DANIEL G. SCHMIEG, ESQUIRE, attorney for DEUTSCHE BANK NATIONAL TRUST COMPANY AS
TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2004,
GSAMP TRUST 2004.-AHL hereby verifies that on MAY 7, 2007 a true and Correct copies of the Notice of
Sheriffs Sale were served by certificate of mailing to the Recorded Lienholder(s) and any known interested
party.
0
ANIEL G. SCHMIE, ESQUIRE
Attorney for Plaintiff
Date: Tune 7, 2007
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the
ahsence 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.
145602
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PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Deutsche Bank National Trust Company As Trustee
Under the Pooling and Servicing Agreement Dated
as of October 1, 2004, GSAMP Trust 2004-AHL
VS.
Jeffrey S. Chapwick
Plaintiff
Defendant
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
Cumberland County
: No. 06-7151 Civil Term
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the June 1, 2007 Order was sent to the
following individuals on the date indicated below.
Jeffrey S. Chapwick
1907 Spring Road
Carlisle, PA 17013
Jeffrey S. Chapwick
1951 Jericho Road 2
New Bloomfield, PA 17068-8654
DATE:
Jeffrey S. Chapwick
11 Sherwood Drive
Carlisle, PA 17013
Office of the Sheriff
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
P 'n S i , LP
B.
'c ele . B d ord e
Attorney for Plaintiff
G r?
n
Phelan Hallinan & Schmieg, LLP
By: Daniel G. Schmieg, Esquire
Attorney I.D. No.: 62205
One Penn Center Plaza, Suite 1400
Philadelphia, PA 19102
(215) 563-7000
DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE UNDER THE
POOLING AND SERVICING AGREEMENT
DATED AS OF OCTOBER 1, 2004, GSAMP
TRUST 2004-AHL
Attorney for Plaintiff
. CUMBERLAND COUNTY
. COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff,
V.
NO. 06-7151 CIVIL TERM
JEFFREY S. CHAPWICK
Defendant(s).
AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE
PURSUANT TO P.R.C.P., 404(2)/403
I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above
captioned matter was sent by regular mail and certified mail, return receipt requested, to JEFFREY
S. CHAPWICK on JUNE 15, 2007 at 1907 SPRING ROAD, CARLISLE, PA 17013 & 1951
JERICHO ROAD 2, NEW BLOOMFIELD, PA 17068 & 11 SHERWOOD DRIVE,
CARLISLE, PA 17013 in accordance with the Order of Court dated MAY 29, 2007. The property
was posted on JUNE 24, 2007. Publication was advertised in CUMBERLAND LAW
JOURNAL on JUNE 22, 2007 & in THE SENTINEL on JUNE 22, 2007.
The undersigned understands that this statement is made subject to the penalties of 18
Pa.C.S. 4904 relating to the unsworn falsification to authorities.
PHELAN LINAN & SCHMIEG, LLP
By:
DA I . CHM ESQUIRE
Dated: July 31, 2007
I _
j 71&D 3011 449 4376 7236
M: JEFFREY S. CHAPWICK
1951 JERICHO ROAD 2
NEW BLOOMFIELD, PA 17068
SENDER: PAW TEAM 4
SENDER:
PAW TEAM 4
REFERENCE: CHAPWICK phs#145602
! REFERENCE: CHAPWICK phs#145602
!
PS Form 38p0 Js? 2005
RETURN Postage .39 PS Form 38 00 2005
RECEIPT Certified Fee 2.40 1 RETURN Postage 39
j Return Receipt Fee 1.85 i RS RV? Conified Fee .
2.4Q
Restricted
Delivery
0.00 !
i
Ream Receipt Fee
1.85
Total
PoMp 0,
Fees c
F fi4
Reea+lmd Dolvery /0
Qo
E_
DA Toal t Pbstaga 3 Fees
US PoSt81 Servloe R
T I
Receipt for j US Postal Service
.
Receipt for
a
Certified Main
m j
Certified Mail
No kwxwm Co?mW P
vlded ]
Do Not Use for Irt motioml Mar ]
I No arbe Coverage Provided
- . - -- -- - - . - - . _ .
__ I Not Use br kdKnatlmW MaN
%49 '43% T&3
} TO: JEFFREY S. CHAPWICK -
11 SHERWOOD DRIVE
1 CARLISLE, PA 17013
i
{
SENDER: PAW TEAM 4
! REFERENCE: CHAPWICK phs#145602
PS Form 3800 Janus Zoos
RETURN Pcge .39
1 RECEIPT
SERVICE C rifled Fee 2.40
Retum Receipt Fee 1185
ResalcW be" 0.00
i Taal Postage 8 Fees _
p?P 4.64
i
US Postal Service
Po
OR
yJ-,
Receipt for ?
Certified Mail JAS
No lns mrm Coverage Provided
111 . Do Not Use for krterrmmw and
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE
UNDER THE POOLING & SERVICING
AGREEMENT DATED AS OF 10101/04
GSAMP TRUST 2004-AHL
PLAINTIFF
V.
JEFFREY S. CHAPWICK
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 06-7151 CIVIL
ORDER OF COURT
AND NOW, this 29* day of May, 2007, upon consideration of the Plaintiff's
Motion for Service Pursuant to Special Order of Court under Pa.R.C.P. 430(a) and it
appearing to the Court that Plaintiffs good faith efforts to ascertain the present
whereabouts of Defendant, Jeffrey S. Chapwick, has been unsuccessful, Plaintiffs
Motion is GRANTED.
IT IS ORDERED AND DIRECTED:
1. That the Sheriff and/or Plaintiff is directed to serve the Notice of Sale upon
Defendant, Jeffrey S. Chapwick by posting a copy of the Notice of Sale upon the
premises at 1907 Spring Road, Carlisle, PA 17013;
2. That the Plaintiff serve the Notice of Sale and all future pleadings by certified
and regular mail to the Defendant's last known addresses at 1951 Jericho Road 2, New
Bloomfield, PA 17068 and 11 Sherwood Drive, Carlisle, PA 17013 and the mortgaged
premises located at 1907 Spring Road, Carlisle, PA 17013;
3. That the Plaintiff effect service by publication to include the notice prescribed
in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland
County, Pennsylvania;
4. All further service of legal papers, including but not limited to motions,
petitions and rules be made by certified and regular mail to Defendant's last known
addresses and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil
Procedure 3129 may be made upon Defendant, Jeffrey S. Chapwick by sending copies
of same to Defendant's last known addresses by certified and regular mail, by posting
the premises and by publication to include the notice as prescribed in Pa.R.C.P. 430, in
a legal journal and newspaper of general circulation in Cumberland County,
Pennsylvania.
By the Court,
M. L. Ebert, Jr.,
Daniel G. Schmieg, Esquire
Attorney for Plaintiff
Cumberland County Sheriff
bas
i Tsg*=qWWWI, wa i set my trans
W *9 8W of sad P rt at Cagle; ft.
' AFFIDAVIT OF SERVICE
PLAINTIFF DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE UNDER THE
POOLING AND SERVICING
AGREEMENT DATED AS OF OCTOBER
1, 2004, GSAMP TRUST 2004-AHL
DEFENDANT(S) JEFFREY S. CHAPWICK
' f Sheriffs Sale per court order"
1907 SPRING • UA
CARLISLE, PA 17013
SERVED
CUMBERLAND COUNTY
No. 06-7151 CIVIL TERM
PHS#145602
Type of Action
- Notice of Sheriffs Sale
Sale Date: AUGUST 8, 2007
Served and made known to .1 ?.c.. (fl
Defendant, on the day of 200
at 3.30 , o'clock 10.m.. at 150?4r=
Z Commonwealth
?V
of New Jersey, 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.
X_Other:
Description: Age Height Weight Race Sex Other
I,, 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.
Swo to and sulcr'
is ay
of , 200
By:
Z.
`\ L SE ATTEIFT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TrES OF SERVICE ATTEMPTED.
IBC`.' "u :C
State c ;yew Jersey NOT SERVED
PATRICIA E. HARRIS
On Q0MAssion ExO"Qune 18, =* , 200_, at o'clock _.m., Defendant NOT FOUND because:
Moved Unknown No Answer Vacant
1st Attempt: Time: 2°d Attempt: Time:
3rd Attempt: Time:
Sworn to and subscribed
before me this day
of 200 _.
Notary: By:
Attorney for Plaintiff
Daniel G. Schmieg, Esquire - Ip. No. 62205
/F 36-?
.. i
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
June 22, 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.
L' a Marie Coyne, Ed' or
SWORN TO AND SUBSCRIBED before me this
22 day of June, 2007
Notary
NOURK SM
0180e m A cou"
Notary PU MC
CANu" TORO, CWAW.4 p Cowm
My CaeW"M Apr 24.2010
CUMBERLAND LAW JOURNAL
NOTICE OF ACTION IN
MORTGAGE FORECLOSURE
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Action-Law
NO. 06-7151 CIVIL TERM
DEUTSCHE BANK NATIONAL
TRUST COMPANY AS TRUSTEE
UNDER THE POOLING &
SERVICING AGREEMENT DATED
AS OF 10/ 1/04 GSAMP TRUST
2004-AHL
VS.
JEFFREY S. CHAPWICK
NOTICE
TO: JEFFREY S. CHAPWICK
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY
TAKE NOTICE that the real estate
located at 1907 SPRING ROAD, CAR-
LISLE, PA 17013 is scheduled to be
sold at Sheriff's Sale on Wednesday,
AUGUST 8, 2007 at 10:00 A.M., Cum-
berland County Courthouse, South
Hanover Street, Carlisle, PA 17013,
to enforce the court judgment of
$97,703.37, obtained by DEUTSCHE
BANK NATIONAL TRUST COMPANY
AS TRUSTEE UNDER THE POOLING
& SERVICING AGREEMENT DATED
AS OF 10/1/04 GSAMP TRUST
2004-AHL (the mortgagee).
ALL THAT CERTAIN tract of land
situate in North Middleton Township,
Cumberland County, Pennsylvania,
bounded and described as follows:
BEGINNING at a point in the cen-
ter of the road leading to New Bloom-
field, Route No. 34; thence north 60
degrees 50 minutes east 242 feet
along land now or formerly of Harry
Fry to a point in the line of land now
or formerly of George Henry; thence
by said latter land in a southerly di-
rection, 140 feet to a point; thence in
a westerly direction 200 feet, more or
less, to a point in the center line of the
aforesaid road; thence in a northerly
direction along the center line of said
road 65 feet to a point, the PLACE OF
BEGINNING.
HAVING THEREON ERECTED a
dwelling house known and numbered
as 1907 Spring Road, Carlisle.
BEING the same premises which
Harold E. Cressler and Martha E.
Cressler, his wife, by their deed dated
November 21, 1964, and recorded in
the Office of the Recorder of Deeds in
and for Cumberland County in Deed
Book K, Volume 21, Page 907, grant-
ed and conveyed unto Glen E. Spidle
and Lillian J. Spidle, his wife. Glen S.
Spidle died December 3, 1993, thus
vesting full fee simple title in Lillian
J. Spidle, Grantors herein.
TITLE TO SAID PREMISES IS
VESTED IN Jeffrey S. Chapwick,
by Deed from Lillian J. Spidle,
widow, dated 03/03/2004, recorded
03/05/2004, in Deed Book 261,
page 4891.
Being Premises 1907 SPRING
ROAD, CARLISLE, PA 17013.
Improvements consist of residen-
tial property.
Sold as the property of JEFFREY
S. CHAPWICK.
CONDITIONS OF SALE: THE
HIGHEST AND BEST BIDDER SHALL
BE THE BUYER.
TAKE NOTICE that a Schedule of
Distribution will be filed by the Sher-
iff on SEPTEMBER 10, 2007, distri-
bution will be made in accordance
with the schedule unless exceptions
are filed within ten days thereto.
DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
Suite 1400, One Penn Center
1617 John F. Kennedy
Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
June 22
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the
County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL,
a newspaper of general circulation in the Borough of Carlisle, County and State
aforesaid, was established December 13th, 1881, since which date THE SENTINEL
has been regularly issued in said County, and that the printed notice or publication
attached hereto is exactly the same as was printed and published in the regular
editions and issues of THE SENTINEL on the following day(s)
Tune 22, 2007
COPY OF NOTICE OF PUBLICATION
. I??V< I i IM lfi ?F ?1'irikOSlrKi?
s rAUart=E Affiant further deposes that he/she is not
A 10n104 7TA -
interested in the subject matter of the
?w 0,
aforesaid notice or advertisement, and that
ue 9. cHArvrm
all allegations in the foregoing statement
as to time, place and character of
publication are true.
J Jr tv,t aai?ioa:di1'rz+ips,a?'`•
bald at3br?f s1?1di on , AWauar 7?
air=
Towanr,e Sworn to and subscribed before me this
is
50th, day of Tune, 2007.
POKQP?
Notary P c
"W wn 10i W*166*1*8 1907
040L C"
`N
VOIINrrt• Y1, t>K'fT; - ,
r . My commission expires:
?r COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
? Christina L. Wolfe, Notary Public
owe sot SPRWG ROAD), CAIi*ISLE, PA 1-7412 Cad" Boro, Cumberland County
My Commission Expires Sept 1, zoos
ntp Member, Pennsylvania Association Of Notaries
#ONS OF SALE: IGHM Ahb%4TVJ6BBR4W tL F* • 114E
MtilsMMIfCR 3'J
?M P" NIn *r1
1*17 Jow F. Kwvm* Bo 14 ?,
molt*
? o
c= u
Sy ? tt"f
s a
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 Central Penn Property Services Inc is the grantee the same having been sold
to said grantee on the 8th day of Aug A.D., 2007, under and by virtue of a writ Execution issued on the
13th day of March, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term,
2006 Number 7151, at the suit of Deutsche Bank National Tr Co Tr against Jeffrey S Chapwick is duly
recorded as Instrument Number 200736363.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this IF day of
A.D.n o 7
Recorder of Deeds
RNORW d O"N, Cm" WW Ca". CNWl., PA
* 0"m" M E*" the AW Monday Of Jan. 2010
Deutsche Bank National Trust Company In The Court of Common Pleas of
As Trustee Under the Pooling and Servicing Cumberland County, Pennsylvania
Agreement Dated as of October 1, 2004 Writ No. 2006-7151
GSAMP Trust 2004-AHL
VS
Jeffrey S. Chapwick
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: Jeffrey S. Chapwick, but was
unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County,
Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, in the above
entitled action, upon the defendant at 1951 Jericho Road, #2, New Bloomfield, PA 17068,
according to law.
Perry County Return: Carl E. Nace, Sheriff, who being duly sworn according to law, says
that he made a diligent search and inquiry for the within named defendant to wit: Jeffrey S.
Chapwick, but was unable to locate him in his bailiwick. He therefore returns the within Writ,
Notice of Sale and Sale Bill, for the above named defendant, Jeffrey S. Chapwick at 1951 Jericho
Rd., New Bloomfield, PA 17068, NOT FOUND. Defendant no longer lives at this address. New
Bloomfield Post Office has a forwarding address for him from 10-01-06 of 1907 Spring Road,
Carlisle, PA 17013. So Answers: Carl E. Nace, Sheriff of Perry County.
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: Jeffrey S. Chapwick, 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. The property located at 1907 Spring Road, Carlisle,
Pennsylvania is vacant.
Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on April
12, 2007 at 1330 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 Jeffrey S. Chapwick, located at 1907
Spring Road, Carlisle, Cumberland County, Pennsylvania according to law.
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 August 08, 2007
at 10:00 o'clock A.M. He sold the same for the sum of $63,700.00 to Central Penn Property
Services, Inc. It being the highest bid and best price received for the same, Central Penn Property
Services, Inc., of 100 South 7th Street, Akron, PA 17501, being the buyer in this execution, paid to
Sheriff R. Thomas Kline the sum of $67,522.70.
Sheriff s Costs:
Docketing $30.00
Poundage 1,274.00
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 48.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 9.60
Levy 15.00
Surcharge 20.00
DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE UNDER THE CUMBERLAND COUNTY
POOLING AN16 SERVICING AGREEMENT
DATED AS OF OCTOBER 1, 2004, GSAMP COURT OF COMMON PLEAS
TRUST 2004-AHL
CIVIL DIVISION
Plaintiff,
V. NO. 06-7151 CIVIL TERM
JEFFREY S. CHAPWICK
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT DATED AS OF OCTOBER 1. 2004. GSAMP TRUST 2004-
AHL , Plaintiff in the above action, by its attorney, DANIEL G. SCH 41EG, 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,1907 SPRING ROAD, CARLISLE, PA 17013.
1. Name and address of Owner(s) or reputed Owner(s):
Name
JEFFREY S. CHAPWICK
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
1951JERICHO ROAD 2
NEW BLOOMFIELD, PA 17068
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
JAMES C. COSTOPOULOS
U.S. TREASURY DEPARTMENT
CUMBERLAND COUNTY ADULT
PROBATION
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
10 COURTHOUSE AVE, STE. 103,
CARLISLE, PA 17013
PITTSBURGH OFFICE ROOM 808, 1000
LIBERTY AVE, PITTSBURGH, PA 15222-
9974
1 COURTHOUSE SQ, CARLISLE, PA
17013-3387
4. Name and address of last recorded holder of every mortgage of record:
Name Last Xnown 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
1907 SPRING 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.
? n
1
February 12, 2007
DATE DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
DEUTSCHE BANK NATIONAL TRUST'
COMPANY AS TRUSTEE UNDER THE
POOLING AND SERVICING AGREEMENT
DATED AS OF OCTOBER 1, 2004, GSAMP
TRUST 2004-AHL
Plaintiff,
V.
JEFFREY S. CHAPWICK
Defendant(s).
11
CUMBERLAND COUNTY
No. 06-7151 CIVIL TERM
February 12, 2007
TO: JEFFREY S. CHAPWICK
1951JERICHO ROAD 2
NEW BLOOMFIEL% PA 17068
"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
ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. **
Your house (real estate) at, 1907 SPRING ROAD, CARLISLE, PA 17013, is scheduled to be
sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South
Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $97,703.37 obtained by
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT DATED AS OF OCTOBER 1 2004, GSAMP TRUST 2004-
AHL (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 L215) 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
DESCRIPTION
ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at a point in the center of the road leading to New Bloomfield, Route No. 34; thence
north 60 degrees 50 minutes east 242 feet along land now or formerly of Harry Fry to a point in the
line of land now or formerly of George Henry; thence by said latter land in a southerly direction, 140
feet to a point; thence in a westerly direction 200 feet, more or less, to a point in the center line of the
aforesaid road; thence in a northerly direction along the center line of said road 65 feet to a point, the
PLACE OF BEGINNING.
HAVING THEREON ERECTED a dwelling house known and numbered as 1907 Spring Road,
Carlisle.
BEING the same premises which Harold E. Cressler and Martha E. Cressler, his wife, by their deed
dated November 21, 1964, and recorded in the Office of the Recorder of Deeds in and for
Cumberland County in Deed Book K, Volume 21, Page 907, granted and conveyed unto Glen E.
Spidle and Lillian J. Spidle, his wife. Glen S. Spidle died December 3, 1993, thus vesting full fee
simple title in Lillian J. Spidle, Grantors herein.
PARCEL IDENTIFICATION NO: 29-17-1585-081 CONTROL #: 29003015
Premises: 1907 Spring Road, Carlisle, PA 17013
North Middleton Township, Cumberland County
Pennsylvania
RECORD OWNER
TITLE TO SAID PREMISES IS VESTED IN Jeffrey S. Chapwick, by Deed from Lillian J. Spidle,
widow, dated 03/03/2004, recorded 03/05/2004, in Deed Book 261, page 4891.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 06-7151 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
Y
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY
AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF
OCTOBER 1, 2004, GSAMP TRUST 2004-AHL, Plaintiff (s)
From JEFFREY S. CHAPWICK
(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 $97,703.37
L.L. $.50
Interest FROM 2/12/07 TO 6/13/07 (PER DIEM - $16.06) - $1,943.26 AND COSTS
Atty's Comm %
Atty Paid $198.42
Plaintiff Paid
Due Prothy $1.00
Other Costs ADD'L COST - $260.50
Date: MARCH 13, 2007
(Seal)
Ad?d-
CuKs- R. Lon th no
By:
Deputy
REQUESTING PARTY:
Name DANIEL G. SCHMIEG, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 62205
Real Estate Sale # 82
On March 15, 2007 the Sheriff levied upon the
defendant's interest in the real property situated in
North Middleton Township, Cumberland County, PA
Known and numbered as 1907 Spring Road,
Carlisle, more fully described on Exhibit "A" (E)
C;M
filed with this writ and by this reference
incorporated herein.
Date: March 15 ,2007.. By: I-JL
J
Real Estat Sergeant
SCHEDULE OF DISTRIBUTION
SALE NO. 82
Date Filed: September 07, 2007
Writ No. 2006-7151 Civil Term
Deutsche Bank National Trust Company as Trustee Under the Pooling and Servicing Agreement
dated as of October 1, 2004, GSAMP Trust 2004-AHL
VS
Jeffrey S. Chapwick
1907 Spring Road
Carlisle, PA 17013
Sale Date: August 08, 2007
Buyer: Central Penn Property Services, Inc.
Bid Price: $63,700.00
Real Debt $101,169.68 per order of court
Interest
Attorney Writ Costs
Total: $101,169.68 per order of court on June 1, 2007
DISTRIBUTION:
Receipts:
Cash on account (03/15/2007): $ 1,500.00
Cash on account (08/08/2007): 6,370.00
Cash on account (08/23/2007): 61,152.70
Total Receipts: $69,022.70
Disbursements:
Sheriff s Costs $2,313.63
Legal Search 300.00
Transfer Tax, Local 1,124.35
Transfer Tax, State 1,124.35
North Middleton Township 1,079.50
Attorney Daniel Schmieg 1,500.00
Deutsche Bank National Trust Company 61,580.87
Total Disbursements: ($699022.70)
Balance for distribution: 0.00
So Answers:
R. Thomas Kline
Sheriff
,. i .
SNELBAKER & BRENNEMAN, P. C.
ATTORNEY AT LAW
44 W. Main Street
Mechanicsburg, PA 17055
TITLE REPORT
TO: Sheriff of Cumberland County
RE: Sheriff s Sale No. 82, held August 8, 2007
EFFECTIVE DATE: August 13, 2007
PREMISES: 1907 Spring Road, Carlisle, Pennsylvania (North Middleton Township),
tax parcel No. 29-17-1585-081 (the "Premises")
RECITAL: Being the same premises which Lillian J. Spidle, widow, by her Deed dated
March 3, 2004 and recorded March 5, 2004 in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania in Deed Book 261, Page
4891, granted and conveyed unto Jeffrey S. Chapwick.
The Premises identified above and as more fully described in the legal description
attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items
and exceptions. All recording and docket locations identified are in the Office of the Recorder of
Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County.
EXCEPTIONS:
1. Claims and charges for improvements and repairs to the Premises or delivery of materials
thereto for which payment has not been made.
2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments.
3. The rights or claims of any tenants or other parties in possession.
4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of
1997, as amended.
5. Any environmental liens or claims filed or on record in the Federal District Court.
6. Payment of state and local real estate transfer tax, if applicable.
7. Any secured transactions with respect to the Premises.
8. The area of the Premises is not certified.
9. Those matters which a view or inspection of the Premises would reveal.
10. The accuracy of the measurements and dimensions of the Premises or the rights or title of
or through any person or persons in possession of same, conflicts with adjoining
property, encroachments, projections or any other matter disclosed by an accurate survey
of the Premises.
11. The right of use as may be determined by any applicable municipal zoning ordinance or
regulation.
12. Any matter not of record at the Court House as of the effective date of this Title Report
and subsequent to the date hereof.
13. Any tax increase based on additional assessment made by reason of new construction or
major improvements.
14. The absence or failure of proper and required notice being given to all owners and
holders of liens and encumbrances intended to be divested by the Sheriffs sale and
procedural defects by any judgment creditor or lienholder executing on the Premises
giving rise to the Sheriffs sale noted above.
15. Identity and legal competency of all parties at any closing or conveyance of the Premises
should be established.
16. Access to the Premises by public road or street is not certified.
17. Suitability or existence of sewer and water facilities on or available to the Premises is not
certified.
18. Real Estate taxes on the Premises due and payable but not turned over for collection to
the Tax Claim Bureau.
19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate
taxes accruing on and after July 1, 2007.
20. Mortgage in the amount of $93,500.00 from Jeffrey S. Chapwick to Accredited Home
Lenders, Inc. dated May 24, 2004 and recorded May 26, 2004 in Mortgage Book 1867,
Page 866, assigned April 20, 2007 in Misc. Book 736, Page 1110 to Deutsche Bank
National Trust Co.
-2-
21, Judgment against Jeffrey S. Chapwick in the amount of $101,169.68 in favor of Deutsche
Bank National Trust Company entered March 13, 2007 as reassessed June 1, 2007 to No.
2006-7151.
22. Judgment against Jeffrey S. Chapwick and Cynthia Chapwick in favor of James C.
Costopoulos in the amount of $5,000.00 entered January 24, 2006 to No. 2006-00457.
23. Judgment against Jeffrey Stephen Chapwick in favor of Cumberland County Adult
Probation in the amount of $3,425.27 entered September 8, 2006 to No. 2006-5240.
24. Subject to any rights in and to the Premises by any spouse of Jeffrey S. Chapwick.
25. Subject to the rights of others in and to any portions of the Premises lying within or
adjoining Pennsylvania Route 34.
26. Subject to the power of attorney recorded in Misc. 698, Page 4590.
27. Subject to the suit filed against Jeffrey S. Chapwick by Discover Bank to No. 2006-3265.
The undersigned shall not be bound by this Title Report to any person, firm or entity
other than the Sheriff of Cumberland County.
Snelbaker & Brenneman, P. C.
By:
Keith O. Brenneman
-3-
REAL ESTATE SALE NO. 82
Writ No. 2006-7157 Civil
Deutsche Bank National Trust
Company as Trustee Under the
Pooling and Servicing Agreement
Dated as of October 1, 2004,
GSAMP Trust 2004-AHL
VS.
Jeffrey S. Chapwick
Atty.: Daniel Schmieg
DESCRIPTION
ALL THAT CERTAIN tract of land
situate in North Middleton Town-
ship, Cumberland County, Pennsyl-
vania, bounded and described as
follows:
BEGINNING at a point in the cen-
ter of the road leading to New
Bloomfield, Route No. 34; thence
north 60 degrees 50 minutes east
242 feet along land now or formerly
of Harry Fry to a point in the line of
land now or formerly of George
Henry; thence by said latter land in
a southerly direction, 140 feet to a
point; thence in a westerly direc-
tion 200 feet, more or less, to a point
in the center line of the aforesaid
road; thence in a northerly direc-
tion along the center line of said road
65 feet to a point, the PLACE OF
BEGINNING.
HAVING THEREON ERECTED a
dwelling house known and num-
bered as 1907 Spring Road, Carlisle.
BEING the same premises which
Harold E. Cressler and Martha E.
Cressler, his wife, by their deed
dated November 21, 1964, and re-
corded in the Office of the Recorder
of Deeds in and for Cumberland
County in Deed Book K, Volume 21,
Page 907, granted and conveyed
unto Glen E. Spidle and Lillian J.
Spidle, his wife. Glen S. Spidle died
December 3, 1993, thus vesting full
fee simple title in Lillian J. Spidle,
Grantors herein.
PARCEL IDENTIFICATION NO:
29-1-1585-081. CONTROL #: 290-
03015.
Premises: 1907 Spring Road,
Carlisle, PA 17013, North Middleton
Township, Cumberland County,
Pennsylvania.
RECORD OWNER
TITLE TO SAID PREMISES IS
VESTED IN Jeffrey S. Chapwick,
by Deed from Lillian J. Spidle,
widow, dated 03/03/2004, re-
corded 03/05/2004, in Deed Book
261, page 4891.
EXHIBIT A
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, May 4, 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.
i arie Coyn ditor
SWORN TO AND SUBSCRIBED before me this
4 day of May, 2007 _
NOTARIAL SEAL
LOIS E. SNYDER, Notary Public
Carlisle Boro, Cumberiand County
My Commission Expires March 5, 2009
RRAL I WAT>6 6" NO. 82
Writ No. 2006-7157 Civil
Deutsche Bank National Trust
Company as Trustee Under the
Pooling and Servicing Agreement
Dated as of October 1, 2004,
GSAMP Trust 2004-AHL
vs.
Jeffrey S. Chapwick
Atty.: Daniel Schmieg
DESCRIPTION
ALL THAT CERTAIN tract of land
situate in North Middleton Town-
ship, Cumberland County, Pennsyl-
vania, bounded and described as
follows:
BEGINNING at a point in the cen-
ter of the road leading to New
Bloomfield, Route No. 34: thence
north 60 degrees 50 minutes east
242 feet along land now or formerly
of Harry Fry to a point in the line of
land now or formerly of George
Henry; thence by said latter land in
a southerly direction, 140 feet to a
point; thence in a westerly direc-
tion 200 feet, more or less, to a point
in the center line of the aforesaid
road; thence in a northerly direc-
tion along the center line of said road
65 feet to a point, the PLACE OF
BEGINNING.
HAVING THEREON ERECTED a
dwelling house known and num-
bered as 1907 Spring Road, Carlisle.
BEING the same premises which
Harold E. Cressler and Martha E.
Cressler, his wife, by their deed
dated November 21, 1964, and re-
corded In the Office of the Recorder
of Deeds in and for Cumberland
County in Deed Book K, Volume 21,
Page 907, granted and conveyed
unto Glen E. Spidle and Lillian J.
Spidle, his wife. Glen S. Spidle died
December 3, 1993, thus vesting full
fee simple title in Lillian J. Spidle,
Grantors herein.
PARCEL IDENTIFICATION NO:
29-17-1585-081. CONTROL #: 290-
03015.
Premises: 1907 Spring Road,
Carlisle, PA 17013, North Middleton
Township, Cumberland County,
Pennsylvania.
RECORD OWNER
TITLE TO SAID PREMISES IS
VESTED IN Jeffrey S. Chapwick,
by Deed from Lillian J. Spidle,
widow, dated 03/03/2004, re-
corded 03/05/2004, in Deed Book
261, page 4891.
r a
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 and the
2nd day(s) of May 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#82
Sworn to and subscribed before me this 18th day of May 2007 A.D.
COMMONWEALM OF PENNSYLV,kNIA
Notarial Seal
Terry L. Russell, Notary Public
City Harrisburg, Dauphin County
My 96mmissiogZFxpires June 6, 2010
Memb Q° nc.i/l -nriatlnn of Notaries
L4 X?Z' Z'
NNOTAdW PUBLIC
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013