Loading...
HomeMy WebLinkAbout06-7322PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 146320 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MBS HEAT 2003-7 3476 STATEVIEW BLVD FORT MILL, SC 29715 V. Plaintiff TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA DEBRA D. GAMBOA A/K/A DEBRA D. HAWL 56 WOODMYRE LANE ENOLA, PA 17025 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 01D -'73 2 2 ?' i ti I Te 2r+? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 146320 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 146320 k "_' SHERIFF'S RETURN - REGULAR CASE NO: 2006-07322 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS GAMBOA TOMAS ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GAMBOA TOMAS F AKA THOMAS F GAMBOA AKA THOMAS G GAMBOA the DEFENDANT , at 1958:00 HOURS, on the 5th day of January-, 2007 at 56 WOODMYRE LANE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 13.20 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 41.20 / / 01/08/2007 +1??_ pf PHELAN HALLINAN SCHMIEG Sworn and Subscibed to ?" By: before me this day Deputy She f of A.D. ENOLA, PA 17025 by handing to DEBRA GAMBOA, WIFE a true and attested copy of COMPLAINT - MORT FORE 1 #1 SHERIFF'S RETURN - REGULAR CASE NO: 2006-07322 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS GAMBOA TOMAS ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GAMBOA DEBRA D AKA DEBRA D HAWL the DEFENDANT , at 1958:00 HOURS, on the 5th day of January-, 2007 at 56 WOODMYRE LANE ENOLA, PA 17025 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 ?Pool 10.00 R. Thomas Kline .00 16.00 01/08/2007 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to before me this day of By ??" L2,99ni3t Deputy S riff A. D. Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MBS HEAT 2003-7 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA DEBRA D. GAMBOA A/K/A DEBRA D. HAWL 56 WOODMYRE LANE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 09/30/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MERITAGE MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1839, Page: 2857. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2006 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 #: 146320 6. The following amounts are due on the mortgage: Principal Balance $94,532.92 Interest 4,066.50 08/01/2006 through 12/28/2006 (Per Diem $27.11) Attorney's Fees 1,250.00 Cumulative Late Charges 111.13 09/30/2003 to 12/28/2006 Cost of Suit and Title Search 550.00 Subtotal $ 100,510.55 Escrow Credit -2,465.68 Deficit 0.00 Subtotal - 2,465.68 TOTAL $ 98,044.87 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. 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 $ 98,044.87, together with interest from 12/28/2006 at the rate of $27.11 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. PHEL .?ALLLI,NAN & SCHMIEG, LP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 146320 LEGAL DESCRIPTION ALL THAT CERTAIN PROPERTY SITUATED IN THETOWNSHIP OF EAST PENNSBORO IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 09/11/2003 AND RECORDED 10/06/2003, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 259 AND PAGE 3602. TAX MAP OF PARCEL ID NO.: 09-12-2992-155 PROPERTY BEING: 56 WOODMYRE LANE File #: 146320 FRANCIS S. HALLINAN, ESQUW 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. DATE: 716 17?1)aZ4-'t4- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff CJ ? i C31 l ! U-- tJ tJ? Q 0 O PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MBS HEAT 2003-7 3476 STATEVIEW BLVD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA DEBRA D. GAMBOA A/K/A DEBRA D. HAWL NO. 06-7322 CIVIL TERM Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA and DEBRA D. GAMBOA A/K/A DEBRA D. HAWL, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/29/06 to 02/06/07 TOTAL $98,044.87 $1,084.40 $99,129.27 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. L [1111&11?1; I / 11, NIEL G. SC G, S Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE:a 7 3 aOG7 PRO ROTHY 146320 PHELAN HALLINAN & SCHMIEG, LLP -By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS : COURT OF COMMON PLEAS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MBS HEAT 2003-7 : CIVIL DIVISION Plaintiff Vs. TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA DEBRA D. GAMBOA A/K/A DEBRA D. HAWL Defendants CUMBERLAND COUNTY NO. 06-7322-CIVIL TERM TO: TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA 56 WOODMYRE LANE ENOLA, PA 17025 DATE OF NOTICE: JANUARY 26.2007 FILE P Y 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 A&--- FAANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP -By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS : COURT OF COMMON PLEAS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MBS HEAT 2003-7 : CIVIL DIVISION Plaintiff Vs. TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/KJA THOMAS G. GAMBOA DEBRA D. GAMBOA A/K/A DEBRA D. HAWL Defendants : CUMBERLAND COUNTY :NO. 06-7322-CIVIL TERM TO: DEBRA D. GAMBOA A/K/A DEBRA D. HAWL 56 WOODMYRE LANE ENOLA, PA 17025 FILE DATE OF NOTICE: JANUARY 26, 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 NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff _,PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON CUMBERLAND COUNTY MBS HEAT 2003-7 COURT OF COMMON PLEAS 3476 STATEVIEW BLVD CIVIL DIVISION Plaintiff, NO. 06-7322 CIVIL TERM V. TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/KIA THOMAS G. GAMBOA DEBRA D. GAMBOA A/K/A DEBRA D. HAWL Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA is over 18 years of age and resides at, 56 WOODMYRE LANE, ENOLA, PA 17025. (c) that defendant DEBRA D. GAMBOA A/K/A DEBRA D. HAWL is over 18 years of age, and resides at, 56 WOODMYRE LANE, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. J . DANIEL G. SCH IEG, ESQUIRE Attorney for Plaintiff z ? a 'o ' IS N ..1 w (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON CUMBERLAND COUNTY MBS HEAT 2003-7 COURT OF COMMON PLEAS 3476 STATEVIEW BLVD Plaintiff, CIVIL DIVISION NO. 06-7322 CIVIL TERM V. TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA DEBRA D. GAMBOA A/K/A DEBRA D. HAWL Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on "IEL 1.1 200 By: Al'.." ??.A If you have any questions concerning this matter, please contact: DANIEL G. SC IEG, 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." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MBS HEAT 2003-7 Plaintiff, No. 06-7322 CIVIL TERM V. TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA DEBRA D. GAMBOA A/K/A DEBRA D. HAWL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 02/0107 to 06/13/07 (per diem -$16.30) $99,129.27 $2,070.10 and Costs Attorney / Add'l Fees $1,824.50 TOTAL $103,023.87 DANIEL G. SCHMIEG, ESQU 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. 146320 d? awc; P lop, d o? ° o ? O ? H p-A W A C O H U W a? y o W W O c a? v a w ca .. w r tom-' V .S- co --s t?1 ts? i;,G1 s?-- 4 a d a N? d A ?A G dA A oA cw 0 ? N oQ dd as dd aC O ? WW as o, p A 0 a V L4 N <r r. r i.J7 C N DESCRIPTION ALL THAT CERTAIN lot or tract of land situated in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania more particularly bounded and described as follow, to wit: BEGINNING at a point on the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-27 and Lot #T-26, said point also being located three hundred six and two hundredths (306.02) feet south of the southern extremity of an arc connecting the eastern right-of-way line of Woodmyre Lane and the southern right-of-way line of Westwood Drive; thence by line of Lot #T-27 and passing through the centerline of a partition wall North seventy-six degrees five minutes nineteen seconds East (N 76 degrees 05 minutes 19 seconds E), one hundred forty-six and seventy five hundredths (146.75) feet to a point; thence by line of land now or formerly of Lynn W. Moore South three degrees forty-four minutes seventeen seconds East (S 03 degrees 44 minutes 17 seconds E), two and twenty-four hundredths (2.24) feet to a point; thence by Lot #T-24 South zero degrees thirteen minutes twenty-three seconds East (S 00 degrees 13 minutes 23 seconds E), eighteen and thirty-one hundredths (18.31) feet to a point at the dividing line of Lot #T-25 and Lot #T-26; thence by line of Lot #T-25 and passing through the centerline of a partition wall South seventy-six degrees five minutes nineteen seconds West (S 76 degrees 05 minutes 19 seconds W), one hundred forty-two and two hundredths (142.02) feet to a point on the eastern right-of-way line of Woodmyre Lane; thence by said right-of-way line North thirteen degrees fifty-four minutes forty-one seconds West (N 13 degrees 54 minutes 41 seconds W), twenty and zero hundredths (20.00) feet to a point at the dividing line of Lot #T-27 and Lot #T-26. the place of BEGINNING. BEING Lot #T-26 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54. SUBJECT to a 10 foot wide Pedestrian Easement and variable width Drainage and Wetland Easement as shown on the above mentioned subdivision plan. SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan. BEING TRACT NO.4 OF THE SAME PREMISES which Westwood Hills Associates, LLC, a Pennsylvania limited liability company by deed dated November 11, 2002 and recorded November 13, 2002 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 254, Page 2651, granted and conveyed unto Village Homes At Westwood Glen, Inc., a Pennsylvania Corporation, its successors and assigns. PARCEL IDENTIFICATION NO: 09-12-2992-155 Control #: 00501858 Premises: 56 Woodmyre Lane, Enola, PA 17025-7025 East Pennsboro Township Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Tomas F. Gamboa and Debra D. Gamboa, husband and wife, as tenants by the entireties, by Deed from Village Homes at Westwood Glen, Inc., dated 09/11/2003, recorded 10/06/2003, in Deed Book 259, page 3602. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-7322 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MBS HEAT 2003-7, Plaintiff (s) From TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/KA THOMAS G. GAMBOA AND DEBRA D. GAMBOA A/K/A DEBRA D. HAWL (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 $99,129.27 L.L. $.50 Interest FROM 2/7/07 TO 6/13/07 (PER DIEM - $16.30) - $2,070.10 AND COSTS Atty's Comm % Atty Paid $139.20 Plaintiff Paid Date: FEBRUARY 13, 2007 (Seal) Due Prothy $1.00 Other Costs ADD'L FEES - $1,824.50 C rtis K. Long, P a 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 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MBS HEAT 2003-7 Plaintiff, V. TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA DEBRA D. GAMBOA A/K/A DEBRA D. HAWL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7322 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ?I ^ DANIEL G. SCHMIEG, ESQUI I Attorney for Plaintiff r?s 4'?? f ? ? fil T r -J U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MBS HEAT 2003-7 Plaintiff, V. TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA DEBRA D. GAMBOA A/K/A DEBRA D. HAWL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7322 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) U .S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MBS HEAT 2003-7 , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,56 WOODMYRE LANE, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TOMAS F. GAMBOA A/K/A THOMAS F. 56 WOODMYRE LANE GAMBOA A/KIA THOMAS G. GAMBOA ENOLA, PA 17025 DEBRA D. GAMBOA A/K/A DEBRA D. 56 WOODMYRE LANE HAWL ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 f 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD REALTY CORPORATION 25 GATEWAY DR., GATEWAY SQ., SUITE STE. 107 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 56 WOODMYRE LANE ENOLA, PA 17025 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. February 6, 2007 ? 'k' DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff rNa MfT ?S?_,_ !.w? 7J N I U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MBS HEAT 2003-7 Plaintiff, V. TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA DEBRA D. GAMBOA A/K/A DEBRA D. HAWL Defendant(s). TO: TOMAS F. GAMBOA A/K/A February 6, 2007 THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA DEBRA D. GAMBOA A/K/A DEBRA D. HAWL CUMBERLAND COUNTY No. 06-7322 CIVIL TERM 56 WOODMYRE LANE ENOLA, PA 17025 "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 ALIEN AGAINST PROPERTY. Your house (real estate) at, 56 WOODMYRE LANE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on 06/13/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $99,129.27 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MBS HEAT 2003-7 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative.of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot or tract of land situated in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania more particularly bounded and described as follow, to wit: BEGINNING at a point on the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-27 and Lot #T-26, said point also being located three hundred six and two hundredths (306.02) feet south of the southern extremity of an arc connecting the eastern right-of-way line of Woodmyre Lane and the southern right-of-way line of Westwood Drive; thence by line of Lot #T-27 and passing through the centerline of a partition wall North seventy-six degrees five minutes nineteen seconds East (N 76 degrees 05 minutes 19 seconds E), one hundred forty-six and seventy five hundredths (146.75) feet to a point; thence by line of land now or formerly of Lynn W. Moore South three degrees forty-four minutes seventeen seconds East (S 03 degrees 44 minutes 17 seconds E), two and twenty-four hundredths (2.24) feet to a point; thence by Lot #T-24 South zero degrees thirteen minutes twenty-three seconds East (S 00 degrees 13 minutes 23 seconds E), eighteen and thirty-one hundredths (18.31) feet to a point at the dividing line of Lot #T-25 and Lot #T-26; thence by line of Lot #T-25 and passing through the centerline of a partition wall South seventy-six degrees five minutes nineteen seconds West (S 76 degrees 05 minutes 19 seconds W), one hundred forty-two and two hundredths (142.02) feet to a point on the eastern right-of-way line of Woodmyre Lane; thence by said right-of-way line North thirteen degrees fifty-four minutes forty-one seconds West (N 13 degrees 54 minutes 41 seconds W), twenty and zero hundredths (20.00) feet to a point at the dividing line of Lot #T-27 and Lot #T-26. the place of BEGINNING. BEING Lot #T-26 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54. . SUBJECT to a 10 foot wide Pedestrian Easement and variable width Drainage and Wetland Easement as shown on the above mentioned subdivision plan. SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan. BEING TRACT NO.4 OF THE SAME PREMISES which Westwood Hills Associates, LLC, a Pennsylvania limited liability company by deed dated November 11, 2002 and recorded November 13, 2002 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 254, Page 2651, granted and conveyed unto Village Homes At Westwood Glen, Inc., a Pennsylvania Corporation, its successors and assigns. PARCEL IDENTIFICATION NO: 09-12-2992-155 Control #: 00501858 Premises: 56 Woodmyre Lane, Enola, PA 17025-7025 East Pennsboro Township Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Tomas F. Gamboa and Debra D. Gamboa, husband and wife, as tenants by the entireties, by Deed from Village Homes at Westwood Glen, Inc., dated 09/11/2003, recorded 10/06/2003, in Deed Book 259, page 3602. Q 'O 4?P l a -04 AFFIDAVIT OF SERVICE PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MBS HEAT 2003-7 DEFENDANT(S) TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA DEBRA D. GAMBOA A/K/A DEBRA D. HAWL SERVE TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA AT 56 WOODMYRE LANE ENOLA, PA 17025 SERVED CUMBERLAND COUNTY No. 06-7322 CIVIL TERM ACCT. #1205020208 Type of Action Ph s 4 14 ?3a o - Notice of Sheriff's Sale Sale Date: 06/13/07 Served and made known to TO r-qS ?• ?ct.r, 100 k Defendant, on the _ day of rt b_ r,q e - 200-, at 7: Vic , o'clock -Pm., at W 4 odI yH r p )0^e, 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 qb`0 Height Weight Zoo Race A&/ Sex ?l Other I, - Gt, Ll 1?0 P?"t: T 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 Notary: By: ? J9 ATTZ SE CE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. ovary ublic NOT SERVED State of New Jersey On the pAjR (LaRS1S r _, 200. at o'clock _.m., Defendant NOT FOUND because: Commission Expires June 16, 2009 Moved Unknown No Answer Vacant 1st Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of -200-. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 2nd Attempt: / / Time: p ?3 [E i 22M, cn W AFFIDAVIT OF SERVICE PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MOBS HEAT 2003-7 DEFENDANT(S) TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA DEBRA D. GAMBOA A/K/A DEBRA D. HAWL SERVE DEBRA D. GAMBOA A/K/A DEBRA D. HAWL AT 56 WOODMYRE LANE ENOLA, PA 17025 CUMBERLAND COUNTY No. 06-7322 CIVIL TERM ACCT. #1205020208 Type of Action 9H S# 1q ?? - Notice of Sheriffs Sale Sale Date: 06/13107 SERVED Served and?made known to be b rq 60v-% b O Q Defendant, on the l day of Pf bhca nY 2001 at - /? , o'clockr .m., at $0 wood m yre, 1G n t , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. -Adult family member with whom Defendant(s) reside(s). Name and Relationship is 14U.S 1 i6,1 ?1 Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Descri tion: Age Clog Height i / " Weight,?&O Race L _ Sex !L Other I, w-'+S , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and su r' d bef rte this,d$ By: D E AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE d_- ATTEMPTED. roo" "I' Public State o; flew Jersey NOT SERVED P,ATRICIA E. HA COM044L%J P . -- 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer V Attempt: Timer 3rd Attempt: / / Time: Sworn to and subscribed before me this day of .200 Notary: By: _Attorney for Plaintiff Daniel G. Schmieg, Esquire 0 I.D. No. 62205 Vacant 2°d Attempt: / / Time: a ? CD c , - ?° -mac ca SALE DATE: 06/13/07 IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION - LAW U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MBS HEAT 2003-7 lo.: 06-7322 CIVIL TERM VS. TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA DEBRA D. GAMBOA A/K/A DEBRA D. HAWL AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SER CE PURSUANT TO Plaintiff in the above action sets Execution was filed the following information 56 WOODMYRE LANE, ENOLA, PA 17025. as of the date the Praecipe for the Writ of the real property located at: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the on the attached Affidavit No. 2 (previously filed) or parties named, at that address set forth Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as 0 Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return for each notice. (stamped by the U.S. Postal Service is attached i DANIEL SCHMIEG, ESQ Attorney for Plaintiff it Name and PHELAN HALLINAN & SCHMIEG, L.L.P. Address Ono Paul Center at Suburban Station Of Sender 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 CHRISTINE SCHOFFLERII )I-Ah Line Article Number Na efAddraw, Sae, -d Pod 01ras Addy 1 DOMESTIC RELATIONS OF CUMBERLAND COUNTY, 13 ORTH HANOVER STREET, CARLISLE, PA 17013 2 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT F WELFARE, PO BOX 2675, HARRISBURG, PA 17105 3 TENANT/ OCCUPANT, 56 WOODMYRE LANE, ENOLA, P 17025 4 TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A ENOLA, PA 17025 OMAS G. GAMBOA, 56 WOODMYRE LANE, 5 DEBRA D. GAMBOA A/K/A DEBRA I). HAWL, 56 WOOD LANE, ENOLA, PA 17025 6 HOUSEHOLD REALTY CORPORATION, 25 GATEWAY DR. GATEWAY SQ., ST-107, MECHANICSBURG 7 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, IN VA 22102 8201 GREENSBORO DRIVE, SUITE 350, MCLEAN, 8 9 10 11 12 13 14 Is TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A 146320 MAS G. GAMBOA CQS CUMBERLAND Tani Number of [Kees urw B7 Seada Taal Nmaba of Psma Received at Pmt 016m Powanj r, Pa (Name O(Raeivm5 Fmptoyee) 7% the S uM dselsealea of vdus isregdied a slt domesBc aod'seantaiond rqutaed ctrl ofaa wpdabk dopww=trader F.ap47 Mad doawa[ b • U it of $500.000pa oaanmtce. The msafaam mdaseiq pryabk oa 7br maximum iademaitY PaY+ s 525.000 for agiskRd atol amt..;w epCmsl ,S9U and 5921 forlimbdonofmeayc ? N. (WW1 ?L ? N ?vMn o 00 Mw mo bimm ip - "3 prjw* for seambuaioa iwaeos is 550,000.00 tW Pum fi?aa MIAWKdmAw bows-* is msamca. Sae Damede Mr7 Maard 1 i var ? 9 u r 5 0?ld 0311VIN "-< 5r EO L6 L 3t]00dIZ W? LOOZ?+LLhtd?"J Owe LZb000 s3nnae®Nzz? a v w ®jp? •a? ?R6 oW? V? 0 q ? @, 0 5 7 O .Qn "' r? O w H .? N V ? 6 O ?Jp1q V ? O ? w ?3a ? M c-'-' ? 'w ? o u a xp8 d d d •? O O W ? o W ?j c7 ? W a O N r I O V car O w0 4 w O g o 0 d c? x ?a a? Si p 10 a aw MIRx _ d O N „ t!1 z ?a 2 u o r., •O ? ,r, w eel U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MBS HEAT 2003-7 Plaintiff, V. TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA DEBRA D. GAMBOA A/K/A DEBRA D. HAWL CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7322 CIVIL TERM Defendant(s). AFFIDAVIT ANT TO RULE 3129 rit No. 1) BOSTON MBS HEAT 2003-7 , Plaintiff in the a ove 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 a t,56 WOODMYRE LANE, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Name Known Address (if address cannot be ?nably ascertained, please indicate) TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA DEBRA D. GAMBOA A/K/A DEBRA D. HAWL 2. Name and address of Defendant(s) in the Same as above 3. Name and last known address of every property to be sold: WOODMYRE LANE IOLA, PA 17025 WOODMYRE LANE [OLA, PA 17025 creditor whose judgment is a record lien on the real Name Known Address (if address cannot be )nably ascertained, please indicate) EAST PENNSBORO TOWNSHIP $8 S. ENOLA DRIVE, ENOLA, PA 17025 4. Name and address of last recorded holder of Name None 5. Name and address of every other person who Name None 6. Name and address of every other person who interest may be affected by the sale. Name None 7. Name and address of every other person of the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare I verify that the statements made in this knowledge or information and belief. I under penalties of 18 Pa. C.S. Sec. 4904 relating to v MM 23, 2007 DATE mortgage of record: Known Address (if address cannot be ?nably ascertained, please indicate) any record lien on the property: Known Address (if address cannot be )nably ascertained, please indicate) any record interest in the property and whose Known Address (if address cannot be ?nably ascertained, please indicate) the plaintiff has knowledge who has any interest in Known Address (if address cannot be mably ascertained, please indicate) 6 WOODMYRE LANE ;NOLA, PA 17025 3 North Hanover Street ',arlisle, PA 17013 Box 2675 •risburg, PA 17105 avit are true and correct to the best of my personal that false statements herein are made subject to the rn falsification to authorities. l e_..' G. SCHMIEG, for Plaintiff r .? <""'f -. ? _ "Tl ` -?' ..,- - ? ?: - ti .... -'- C'? _ ? ? ??_ , ± - ii _i -=i .., PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 U.S. Bank National Association, as Trustee for Credit Suisse First Boston MBS Heat 2003-7 Plaintiff vs. Tomas F. Gamboa A/K/A Thomas F. Gamboa A/K/A Thomas G. Gamboa Debra D. Gamboa A/K/A Debra D. Hawl Defendants Court of Common Pleas Civil Division : Cumberland County : No. 06-7322 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 29, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on February 13, 2007 in the amount of $99,129.27. 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. A Sheriffs Sale of the mortgaged property at 56 Woodmyre Lane, Enola, PA 17025 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendants filed a Chapter 13 Bankruptcy at docket number 07-01661 on May 31, 2007. The Bankruptcy was dismissed by order of court dated August 27, 2007. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on October 3, 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. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $94,532.92 Interest Through 10/03/07 11,644.26 Per Diem $29.78 Late Charges 146.25 Legal fees 2,475.00 Cost of Suit and Title 1,277.00 Sheriffs Sale Costs 0.00 Property Inspections 0.00 Appraisal/Brokers Price Opinioin 0.00 Mortgage Ins. Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 4,231.41 TOTAL $114,306.84 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. 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 Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff's attached brief. 10. 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 Defendants on September 13, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and convect copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: O Phelan Hallinan & Sc ' g, LLP By: NYYV*L Michele M. Bradford, uire Attorney for Plaintiff PHELAN HALLINAN & SCHMMG, 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 U.S. Bank National Association, as Trustee for : Court of Common Pleas Credit Suisse First Boston MBS Heat 2003-7 Plaintiff : Civil Division VS. Tomas F. Gamboa A/K/A Thomas F. Gamboa A/K/A Thomas G. Gamboa : Cumberland County : No. 06-7322 Debra D. Gamboa A/K/A Debra D. Hawl Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants 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 56 Woodmyre Lane, Enola, PA 17025. 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, Defendants 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 Defendants credit for monthly payments tendered through bankruptcy, if any. n. 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 Pittsburgh v. Ciongoli, 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 Defendants 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 Defendants' 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 mortgagors are 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 mortgagors have 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 Defendants 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 Sheriffs 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. Vl. ATTORNEY'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 Shoppin gCenter, 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: Iq1r+ By: LLP 1 Attorney for Plaintiff Exhibit "A" PHELAN HALLMAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., W. No. 62695 OW PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 146320 U.S. BANK NATIONAL ASSOCIATION, COURT OF COMMON PLEAS AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MBS HEAT 2003-7 CIVIL DIVISION 3476 STATEVIEW BLVD TERM PORT MILL, SC 29715 Plaintiff NO. W 7 = OvI I Tam v. TOMAS F. GAMBOA AWA THOMAS F. GAMBOA o A/K/A THOMAS G. GAMBOA ;,- DEBRA D. GAMBOA .... F-PIM A/K/A DEBRA D. HAWL 56 WOODMYRE LANE ENOLA, PA 17025 Defendants CV,? A,?,CT, iQN - LAW 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 wkb%K you and a jtudgmemt may be calwad against you by the court without further notice for any money claimed in the complaint or for any odw 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, 00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Rekrral Service Cumberland County Bar AwcWA" 32 South Bedford Street Cartiak, PA 17013 (800)99(1-9108 Wr' Ali *-0 WCOPY N ('File N: 146324 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OMCE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTS" WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBTOR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File#: 146320 1. Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MBS HEAT 2003-7 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA DEBRA D. GAMBOA A/K/A DEBRA D. HAWL 56 WOODMYRE LANE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 09/30/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MERITAGE MORTGAGE CORPORATION which mortgage is recorded in the OfTrce of the Recorder of CUMBERLAND County, in Book: 1839, Page: 2857. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2006 and each month thereafter are due and unpaid, and by the trams 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. Fite N: 146320 6. The following amounts are due on the mortgage: Principal Balance $94,532.92 Interest 4,066.50 08/0112006 through 12/28/2006 (Per Diem $27.11) Attorney's Fees 1,250.00 Cumulative Late Charges 111.13 09/3012003 to 12/2812006 Cost of Suit and Title Search 0.00 Subtotal $ 100,510.55 Escrow Credit -2,465.68 Deficit 0.00 Subtotal S- 2.465.68 TOTAL $ 98,044.87 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 nxxtgage 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 $ 98,044.87, together with interest from 12/28/2006 at the rate of $27.11 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. By: LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHEL ALLINAN & SCHMIEG, LP / is Il' File N: 146320 LEGAL DESCRIPTION ALL THAT CERTAIN PROPERTY SITUATED IN THETOWNSHIP OF EAST PENNSBORO IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 09/11/2003 AND RECORDED 10/0612003, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 259 AND PAGE 3602. TAX MAP OF PARCEL ID NO.: 09-12-2992-155 PROPERTY BEING: 56 WOODMYRE LANE File N: 146320 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 Forecimure are based upon information supplied by Plaintiffand 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 N. C.S. Sec. 4904 relating to unworn Usification.to authorities. DATE: A02/0/(40 FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff Exhibit "B" PHELAN HALLINAN & SCEMIM, .LP. By: DANIEL G. SCBMIEG Identification No. 62203 Attorney hr Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. -KENNEDY BLVD., SUITE 1400 PEM ADELPHIA, PA 19103-1814 (2151563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON M 93S BEAT 2003-7 3476 STATEVIEW BLVD FORT MILL, SC 29715 v. Pl8dntitf, ,? iMEY RILE Q ?• i CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7322 CIVIL TERM TOMAS F. GAMBOA AWA THOMAS F. 'AMPJV ME GAMBOA AWA THOMAS G. GAMBOA DEBRA Ia..0Al19BOA A/K/A DEBRA D. HAWL .:.. ? ,.;, Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE T A_ N3WER AND ASS SMENT Off' DAMAGES .?? co z TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against TQMAS F. G ' OA AAA GAMBIA &WA THQX 91- fi&MOA D? Il? OA AWA MOM D. %, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $98,044.87 t Interest from 12/29/06 to 02/06/07 $1,084.40 TOTAL $99,129.27 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. too L G. SC G, Attorney for'Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 12 ? 2667 . PRO PROTHY - 146320 Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Tomas F. Gamboa Debra D. Gamboa a/k/a Debra D Hawl Debtor(s) Chapter 13 Case No.: 1-07-bk-01661 ORDER DISMISSING CASE Upon consideration of Debtor's Motion to Dismiss Chapter 13 Case and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By dw covert, AW Q_ Lt? _3wdG__ Dated: August 27, 2007 J ! This document is alactronically signed and filed on. the same data. MDPA4MMISS2APT REV 6105 Exhibit "D" 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 September 13, 2007 Tomas F. Gamboa A/K/A Thomas F. Gamboa A/K/A Thomas G. Gamboa Debra D. Gamboa A/K/A Debra D. Hawl 56 Woodmyre Lane Enola, PA 17025 RE: U.S. Bank National Association, as Trustee for Credit Suisse First Boston MBS Heat 2003- 7 vs. Tomas F. Gamboa A/K/A Thomas F. Gamboa A/K/A Thomas G. Gamboa and Debra D. Gamboa A/K/A Debra D. Hawl Premises Address: 56 Woodmyre Lane, Enola, PA 17025 Cumberland County CCP, No. 06-7322 Dear Defendants, 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), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Tuesday, September 18, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. 7ch yo urs ree .Bradf quire For Phelan Hallinan & Schmieg, LLP Enclosure 04 W ?1 tit ..l r0 c "d .• w N ~ ran A .? tr OA ., 0 $` a K tog a a o ??g ao5U) p v r r z y 0 O a co H ry0 ? y? >? o r? swr epoft lit• oa 1M s 0i-? $?x 000421,8010 191 SEp13 9107 MAILED FROM ZIP CODE 03 ego 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 unworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE:_ Michele M. Bradford, squire 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 U.S. Bank National Association, as Trustee for Credit Suisse First Boston MBS Heat 2003-7 Plaintiff vs. Tomas F. Gamboa A/K/A Thomas F. Gamboa A/K/A Thomas G. Gamboa Debra D. Gamboa A/K/A Debra D. Hawl Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 06-7322 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 individuals on the date indicated below. Tomas F. Gamboa A/K/A Thomas F. Gamboa A/K/A Thomas G. Gamboa Debra D. Gamboa A/K/A Debra D. Hawl 56 Woodmyre Lane Enola, PA 17025 DATE: P 1 lin ch i LP y: Michele M. Bradford, squire Attorney for Plaintiff N 0 a. rn 2 -PQ SEP 2 4 207 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. Bank National Association, as Trustee for Credit Suisse First Boston MBS Heat 2003-7 Plaintiff vs. Tomas F. Gamboa A/K/A Thomas F. Gamboa A/K/A Thomas G. Gamboa Debra D. Gamboa A/K/A Debra D. Hawl Defendants RULE : Court of Common Pleas Civil Division : Cumberland County No. 06-7322 AND NOW, this 2. :t' day of rcpt 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. ?u- w o.a? - Rule Returnable on4h-@ in the 1 u g, van' BY THE C/OURT? 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@fedphe.com Tomas F. Gamboa A/K/A Thomas F. Gamboa Debra D. Gamboa A/K/A 56 Woodmyre Lane Enola, PA 17025 A Thomas G. Gamboa D bra D. Hawl 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 U.S. Bank National Association, as Trustee for Credit Suisse First Boston MBS Heat 2003-7 Plaintiff vs. Tomas F. Gamboa A/K/A Thomas F. Gamboa A/K/A Thomas G. Gamboa Debra D. Gamboa A/K/A Debra D. Hawl Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County No. 06-7322 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of October 22, 2007 was sent to the following individual on the date indicated below. Tomas F. Gamboa A/K/A Thomas F. Gamboa A/K/A Thomas G. Gamboa Debra D. Gamboa A/K/A Debra D. Hawl 56 Woodmyre Lane Enola, PA 17025 DATE: t Phelan Hallinan Schmieg, LLP B is le M. ra f , Esquire Attorney for Plaintiff C:z '?? :J ?'> -?._r 'il ?'::? ty `j .'.. ?1? ?? C..A? .?.? ?Li -?.? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 U.S. Bank National Association, as Trustee for Credit Suisse First Boston MBS Heat 2003-7 Plaintiff vs. Tomas F. Gamboa A/K/A Thomas F. Gamboa A/K/A Thomas G. Gamboa Debra D. Gamboa A/K/A Debra D. Hawl Defendants PRAECIPE TO THE PROTHONOTARY: Court of Common Pleas Civil Division Cumberland County No. 06-7322 Plaintiff hereby withdraws its Motion to Reassess Damages, filed on September 21, 2007 in the above referenced action. n o q Wf - r'.1 Date ichele M. Bradford, sq ' e 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 U.S. Bank National Association, as Trustee for Credit Suisse First Boston MBS Heat 2003-7 Plaintiff VS. Tomas F. Gamboa A/K/A Thomas F. Gamboa A/K/A Thomas G. Gamboa Debra D. Gamboa A/K/A Debra D. Hawl Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County No. 06-7322 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. Tomas F. Gamboa A/K/A Thomas F. Gamboa A/K/A Thomas G. Gamboa Debra D. Gamboa A/K/A Debra D. Hawl 56 Woodmyre Lane Enola, PA 17025 10 Date WAAttomey fo d, Esquire intiff 0 ? "I id f-mizz w? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which U S BANK N A TR FOR CREDIT SUISSE FIRST BOSTON MBS HEAT 2003-7 is the grantee the same having been sold to said grantee on the 3RD day of OCT A.D., 2007, under and by virtue of a writ Execution issued on the 13TH day of FEB, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 7322, at the suit of U S BAN N A TR FOR CREDIT SUISSE FIRST BOSTON MBS HEAT 2003-7 against TOMAS F GAMBOA AKA THOMAS F AKA THOMAS G & DEBRA D AKA DEBRA D HAWL is duly recorded as Instrument Number 200742279. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. °2d6 7 of Deeds end County, Cadi*, PA #e FW Monday o1 JW 2010 '.1 .U.S. Bank National Association, as Trustee In the Court of Common Pleas of For Credit Suisse First Boston MBS Heat Cumberland County, Pennsylvania 2003-7 Writ No. 2006-7322 Civil Term VS Tomas F. Gamboa a/k/a Thomas F. Gamboa a/k/a Thomas G. Gamboa and Debra D. Gamboa a/k/a Debra D. Hawl Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 19, 2007 at 1705 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants to wit: Tomas F. Gamboa a/k/a Thomas F. Gamboa a/k/a Thomas G. Gamboa and Debra D. Gamboa a/k/a Debra D. Hawl, by making known unto Debra Gamboa, personally and wife of Tomas F. Gamboa a/k/a Thomas F. Gamboa a/k/a Thomas G. Gamboa, at 56 Woodmyre Lane, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1050 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Tomas F. Gamboa a/k/a Thomas F. Gamboa a/k/a Thomas G. Gamboa and Debra D. Gamboa a/k/a Debra D. Hawl, located at 56 Woodmyre Lane, Enola, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Tomas F. Gamboa a/k/a Thomas F. Gamboa a/k/a Thomas G. Gamboa and Debra D. Gamboa a/k/a Debra D. Hawl, by regular mail to their last known address of 56 Woodmyre Lane, Enola, PA 17025. These letters were mailed under the date of April 3, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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 October 03, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of U.S. Bank National Association, as Trustee for Credit Suisse First Boston MBS Heat 2003-7. It being the highest bid and best price received for the same, U.S. Bank National Association, as Trustee for Credit Suisse First Boston MBS Heat 2003-7 of 3476 Stateview Blvd., Fort Mill, SC 29715, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $14,035.54. Sheriffs Costs: Docketing $30.00 Poundage 2,502.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 28.80 Levy 15.00 Surcharge 30.00 Post Pone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed v 40.00 671.00 539.57 16.17 25.00 40.50 $4,027.54 ? /z/iOje '' %Z- So An ers: J? R. Thomas Kline, Sheriff BY Real Estat ergeant /. SU o? 4. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON CUMBERLAND COUNTY MBS HEAT 2003-7 Plaintiff, V. TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA DEBRA D. GAMBOA A/K/A DEBRA D. HAWL Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7322 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MBS HEAT 2003-7 , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,56 WOODMYRE LANE, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA DEBRA D. GAMBOA A/K/A DEBRA D. HAWL Last Known Address (if address cannot be reasonably ascertained, please indicate) 56 WOODMYRE LANE ENOLA, PA 17025 56 WOODMYRE LANE ENOLA, PA 17025 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 t ' 4: 'Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD REALTY CORPORATION 25 GATEWAY DR., GATEWAY SQ., SUITE STE. 107 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 56 WOODMYRE LANE ENOLA, PA 17025 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. February 6, 2007 r) 0'q DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff •• r U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MBS HEAT 2003-7 Plaintiff, V. TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA DEBRA D. GAMBOA A/K/A DEBRA D. HAWL Defendant(s). CUMBERLAND COUNTY No. 06-7322 CIVIL TERM February 6, 2007 TO: TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/K/A THOMAS G. GAMBOA DEBRA D. GAMBOA A/K/A DEBRA D. HAWL 56 WOODMYRE LANE ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. ** Your house (real estate) at, 56 WOODMYRE LANE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on 06/13/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $99,129.27 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MBS HEAT 2003-7 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to r 1 „ 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot or tract of land situated in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania more particularly bounded and described as follow, to wit: BEGINNING at a point on the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-27 and Lot #T-26, said point also being located three hundred six and two hundredths (306.02) feet south of the southern extremity of an arc connecting the eastern right-of-way line of Woodmyre Lane and the southern right-of-way line of Westwood Drive; thence by line of Lot #T-27 and passing through the centerline of a partition wall North seventy-six degrees five minutes nineteen seconds East (N 76 degrees 05 minutes 19 seconds E), one hundred forty-six and seventy five hundredths (146.75) feet to a point; thence by line of land now or formerly of Lynn W. Moore South three degrees forty-four minutes seventeen seconds East (S 03 degrees 44 minutes 17 seconds E), two and twenty-four hundredths (2.24) feet to a point; thence by Lot #T-24 South zero degrees thirteen minutes twenty-three seconds East (S 00 degrees 13 minutes 23 seconds E), eighteen and thirty-one hundredths (18.31) feet to a point at the dividing line of Lot #T-25 and Lot #T-26; thence by line of Lot #T-25 and passing through the centerline of a partition wall South seventy-six degrees five minutes nineteen seconds West (S 76 degrees 05 minutes 19 seconds W), one hundred forty-two and two hundredths (142.02) feet to a point on the eastern right-of-way line of Woodmyre Lane; thence by said right-of-way line North thirteen degrees fifty-four minutes forty-one seconds West (N 13 degrees 54 minutes 41 seconds W), twenty and zero hundredths (20.00) feet to a point at the dividing line of Lot #T-27 and Lot #T-26. the place of BEGINNING. BEING Lot #T-26 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54. SUBJECT to a 10 foot wide Pedestrian Easement and variable width Drainage and Wetland Easement as shown on the above mentioned subdivision plan. SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan. BEING TRACT NO. 4 OF THE SAME PREMISES which Westwood Hills Associates, LLC, a Pennsylvania limited liability company by deed dated November 11, 2002 and recorded November 13, 2002 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 254, Page 2651, granted and conveyed unto Village Homes At Westwood Glen, Inc., a Pennsylvania Corporation, its successors and assigns. PARCEL IDENTIFICATION NO: 09-12-2992-155 Control #: 00501858 Premises: 56 Woodmyre Lane, Enola, PA 17025-7025 East Pennsboro Township Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Tomas F. Gamboa and Debra D. Gamboa, husband and wife, as tenants by the entireties, by Deed from Village Homes at Westwood Glen, Inc., dated 09/11/2003, recorded 10/06/2003, in Deed Book 259, page 3602. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-7322 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MBS HEAT 2003-7, Plaintiff (s)"y From TOMAS F. GAMBOA A/K/A THOMAS F. GAMBOA A/KA THOMAS G. GAMBOA AND DEBRA D. GAMBOA A/K/A DEBRA D. HAWL (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 $99,129.27 L.L. $.50 Interest FROM 2/7/07 TO 6/13/07 (PER DIEM - $16.30) - $2,070.10 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $139.20 Plaintiff Paid Date: FEBRUARY 13, 2007 (Seal) REQUESTING PARTY: Other Costs ADD'L FEES - $1,824.50 a4 C is R. Long, onotary By: Deputy 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 11 AM ?a ?J Real Estate Sale # 51 On February 23, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 56 Woodmyre Lane, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 23, 2007 By: j 6c? Real Estate Sergeant d ? ? ?-?? (OOl THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May lb, 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#51 1Sworn to and subscribed be fore me this 18th day of May 2007 A.D. Ma1 ? GOWONWEALIH Uh PENNSYLVANIA Notarial Seal Terry L. Russell, Notary Public City Of Harrisburg, Dauphin County AAy mission Expires June 6, 2010 ^ emb ennsyivania Association of Notaries NO RY PUBLIC ALL W" ii to _ CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 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. REAL ESTATE BALE NO. 81 Writ No. 2006-7322 Civil U.S. Bank National Association, as Trustee for Credit Suisse First Boston MBS Heat 2003-7 VS. Tomas F. Gamboa a/k/a Thomas F. Gamboa a/k/a Thomas G. Gamboa and Debra D. Gamboa a/k/a Debra D. Hawl Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot or tract of land situated in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania more particularly bounded and de- scribed as follow, to wit: BEGINNING at a point on the i Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this 4 day of Maw r G 6 L U'' , : oLg Y AMENDED SCHEDULE OF DISTRIBUTION SALE NO. 51 Date Filed: November 5, 2007 Writ No. 2006-7322 Civil Term U.S. Bank National Association as Trustee for Credit Suisse First Boston MBS Heat 2003-7 VS Tomas F. Gamboa a/k/a Thomas F. Gamboa a/k/a Thomas G. Gamboa and Debra D. Gamboa a/k/a Debra D. Hawl 56 Woodmyre Lane Enola, PA 17025 Sale Date: October 3, 2007 Buyer: U.S. Bank National Association, as Trustee for Credit Suisse First Boston MBS Heat 2003-7 Bid Price: $125,100.00 Real Debt: $99,129.27 Interest: 2,070.10 Attorney Writ Costs: 139.20 Misc. Costs: 1,824.50 Total: $103,163.07 DISTRIBUTION: Receipts: Cash on account (02/23/2007): $ 1,500.00 Cash on account (10/03/2007): 25.54 Cash on account (10/04/2007): 12,510.00 Total Receipts: $14,035.54 Disbursements: Sheriffs Costs $4,027.54 Legal Search 300.00 Cumberland County Tax Claim Bureau 1,671.25 East Pennsboro Township 1,939.80 Attorney Daniel Schmieg 6,096.95 Total Disbursements: ($14,035.54) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff SCHEDULE OF DISTRIBUTION SALE NO. 51 Date Filed: October 16, 2007 Writ No. 2006-7322 Civil Term U.S. Bank National Association as Trustee for Credit Suisse First Boston MBS Heat 2003-7 VS Tomas F. Gamboa a/k/a Thomas F. Gamboa a/k/a Thomas G. Gamboa and Debra D. Gamboa a/k/a Debra D. Hawl 56 Woodmyre Lane Enola, PA 17025 Sale Date: October 3, 2007 Buyer: U.S. Bank National Association, as Trustee for Credit Suisse First Boston MBS Heat 2003-7 Bid Price: $125,100.00 Real Debt: $99,129.27 Interest: 2,070.10 Attorney Writ Costs: 139.20 Misc. Costs: 1,824.50 Total: DISTRIBUTION: $103,163.07 Receipts: Cash on account (02/23/2007): Cash on account (10/03/2007): Cash on account (10/04/2007): $ 1,500.00 25.54 12,510.00 Total Receipts: $14,035.24 Disbursements: Sheriff s Costs $4,027.54 Legal Search 300.00 Cumberland County Tax Claim Bureau 1,671.25 East Pennsboro Township 1,939.80 Attorney Daniel Schmieg 6,096.65 Total Disbursements: ($14,035.24) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 51, held October 3, 2007 EFFECTIVE DATE: October 3, 2007 PREMISES: 56 Woodmyre Lane, Enola, (East Pennsboro Township), Cumberland County, Pennsylvania, 17025 Tax Parcel No. 09-12-2992-155 (the "Premises") RECITAL: Being the same premises which Village Homes at Westwood Glen, Inc., a Pennsylvania corporation, by its Deed dated September 11, 2003 and recorded October 6, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 259, Page 3602, granted and conveyed unto Tomas F. Gamboa and Debra D. Gamboa, husband and wife. 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 $97,600.00 from Tomas F. Gamboa and Debra D. Gamboa, husband and wife, to Meritage Mortgage Corporation dated September 30, 2003 and recorded October 6, 2003 in Mortgage Book 1839, Page 2857, assigned April 20, 2007 in Miscellaneous Book 736, Page 1107 to U. S. Bank National Association. -2- 21. Mortgage in the amount of $35,102.86 from Tomas F. Gamboa and Debra D. Gamboa, husband and wife, to Household Realty Corporation dated February 23, 2005 and recorded March 8, 2005 in Mortgage Book 1899, Page 2361. 22. Judgment against Tomas F. and Debra D. Gamboa, in favor of Mortgage Electronic Registration Systems, Inc. in the amount of $101,464.84 entered January 6, 2006 to No. 2005-05956 (with respect to Mortgage recorded in Mortgage Book 1839, Page 2857 identified in item 20, above). 23. Municipal lien against Tomas F. Gamboa and Debra D. Gamboa, in favor of East Pennsboro Township in the amount of $1,094.30 entered May 9, 2006 to No. 2006-2634. 24. Judgment against Tomas F. Gamboa, Thomas F. Gamboa, Thomas G. Gamboa, Debra D. Gamboa and Debra D. Hawl, in favor of U. S. Bank National Association in the amount of $99,129.27 entered February 13, 2007 to No. 2006-07322 (with respect to Mortgage recorded in Mortgage Book 1839, Page 2857). 25. Municipal lien against Tomas F. Gamboa and Debra D. Gamboa in favor of East Pennsboro Township in the amount of $1,626.80 entered May 21, 2007 to No. 2007- 3058. 26. Subject to the lien for delinquent real estate taxes owed to Cumberland County Tax Claim Bureau in the amount of $1,671.25 (together with possible additional accrued interest and penalties). 27. Subject to the Declarations recorded in Miscellaneous Book 607, Page 1045, as amended in Miscellaneous Book 648, Page 722, as amended in Miscellaneous Book 652, Page 572, as amended in Miscellaneous Book 661, Page 1027 and as amended in Miscellaneous Book 681, Page 572 and any subsequent or further amendments of record. 28. Subject to the building setback lines, easements, restrictions, notes, conditions and all other matters appearing in the Plan of Phase III of Westwood Hills recorded in Plan Book 81, Page 54. 29. Subject to the easement of any partition walls and the rights of others in and to adjacent support. 30. Subject to the Declaration of Conservation Easement in Miscellaneous Book 681, Page 2948. 31. Subject to the rights granted Pennsylvania American Water Company in Miscellaneous Book 648, Page 759. -3- . i 32. Subject to the rights granted PPL Electric Utilities Corp. in Miscellaneous Book 644, Page 733 and in Miscellaneous Book 666, Page 31. 33. Subject to the rights granted Verizon Pennsylvania, Inc. and PP&L in Miscellaneous Book 684, Page 2726. 34. Subject to the rights of others in and to those portions of the Premises within or adjoining the bed of Woodmyre Lane. 35. Subject to all conditions and matter contained in an unrecorded survey made reference to in Deed Book "J", Volume 23, Page 349. 36. Subject to a nine-foot lane as set forth and described in Deed Book 180, Page 936 and made reference to in Deed Book "Z", Volume 21, Page 316. 37. Subject to all building setback lines, restrictions, easements, notes, conditions and all other matters contained in the Plan of Centrust recorded in Plan Book 55, Page 67. 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 -4- REAL ESTATE SALE NO. 51 Writ No. 2006-7322 Civil U.S. Bank National Association, as Trustee for Credit Suisse First Boston MBS Heat 2003-7 vs. Tomas F. Gamboa a/k/a Thomas F. Gamboa a/k/a Thomas G. Gamboa and Debra D. Gamboa a/k/a Debra D. Haw] Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot or tract of land situated in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania more particularly bounded and de- scribed as follow, to wit: BEGINNING at a point on the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-27 and Lot #T-26, said point also being located three hundred six and two hundredths (306.02) feet south of the southern extremity of an are connecting the eastern right-of-way line of Woodmyre Lane and the southern right-of-way line of Westwood Drive, thence by line of Lot #T-27 and passing through the centerline of a partition wall North seventy-six de- grees five minutes nineteen seconds East (N 76 degrees 05 minutes 19 seconds E), one hundred forty-six and seventy five hundredths (146.75) feet to a point; thence by line of land now or formerly of Lynn W. Moore South three degrees forty- four minutes seventeen seconds East (S 03 degrees 44 minutes 17 seconds E), two and twenty-four hundredths (2.24) feet to a point; thence by Lot #T-24 South zero degrees thirteen minutes twenty- three seconds East (S 00 degrees 13 minutes 23 seconds E), eighteen and thirty-one hundredths (18.31) feet to a point at the dividing line of Lot #T-25 and Lot #T-26; thence by line of Lot #T-25 and passing through the centerline of a partition wall South seventy-six degrees five minutes nineteen seconds West (S 76 degrees 05 minutes 19 seconds W), one hundred forty-two and two hundredths (142.02) feet to a point on the eastern right-of-way line of Woodmyre Lane, thence by said right-of-way line North thirteen de- grees fifty-four minutes forty-one seconds West (N 13 degrees 54 min- utes 41 seconds W), twenty and zero hundredths (20.00) feet to a point at the dividing line of Lot #T- 27 and Lot #T-26, the place of BE- GINNING. BEING Lot #T-26 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54. SUBJECT to a 10 foot wide Pe- destrian Easement and variable width Drainage and Wetland Ease- ment as shown on the above men- tioned subdivision plan. SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned sub- division plan. BEING TRACT NO. 4 OF THE SAME PREMISES which Westwood Hills Associates, LLC, a Pennsylva- nia limited liability company by deed dated November 11, 2002 and re- corded November 13, 2002 In the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 254, Page 2651, granted and conveyed unto Village Homes At Westwood Glen, Inc., a Pennsylvania Corpo- ration, its successors and assigns. PARCEL IDENTIFICATION NO: 09-12-2992-155. Control #: 005- 01858. Premises: 56 Woodmyre Lane, Enola, PA 17025-7025, East Penns- boro Township, Cumberland County, Pennsylvania. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Tomas F. Gamboa and Debra D. Gamboa, husband and wife, as tenants by the entireties, by Deed from Village Homes at Westwood Glen, Inc., dated 09/11 / 2003, recorded 10/06/2003, in Deed Book 259, page 3602. EXHIBIT A PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 U.S. Bank National Association, as Trustee for Credit Suisse First Boston MBS HEAT 2003-7 Plaintiff vs. Tomas F. Gamboa, a/k/a Thomas F. Gamboa, A/k/a Thomas G. Gamboa Debra D. Gamboa, a/k/a Debra D. Hawl Defendant(s) TO THE PROTHONOTARY: PR AECIPF ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 06-7322 CIVIL TERM'/ Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: S z-3 /,6 ? Francis S. Hal inan, Esquire Attorney for Plaintiff PHS# 146320 j ? ?w