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HomeMy WebLinkAbout02-4022FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 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 CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 02 --q6;tQ, CUMBERLAND COUNTY KENNETH R. GIBSON PAMELA A. GIBSON 6500 WEST OLIVE AVENUE, APARTMENT 141 GLENDALE, AZ 85302 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **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. ** 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #:5800828616 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. Plaintiff is CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: KENNETH R. GIBSON PAMELA A. GIBSON 6500 WEST OLIVE AVENUE, APARTMENT 141 GLENDALE, AZ 85302 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 8/28/96 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to STANDARD FEDERAL BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1340, Page 191. By Assignment of Mortgage recorded 6/30/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 551, Page 138. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 4/1/02 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. 6. The following amounts are due on the mortgage: Principal Balance $62,819.69 Interest 1,888.04 3/1/02 through 8/1/02 (Per Diem $12.26) Attorney's Fees 1,225.00 Cumulative Late Charges 265.77 8/28/96 to 8/1/02 Cost of Suit and Title Search 550.00 Subtotal $66,748.50 Escrow Credit 0.00 Deficit 180.91 Subtotal 180.91 TOTAL $66,929.41 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. This action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $66,929.41, together with interest from 8/1/02 at the rate of $12.26 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. FE ERMAN AN)HE AN, LLP By: ' s. rancis S. Ha inan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff AFTER RECORDING MAIL TO rp7 sir Gi_r^ ?6? o36,Z 33-O ;II i Standard Federal Bank i;'CORD_d Ol' DEc DS 2600 u e1g 9ee.er Rd ',0513 ?il. A1:D COUNTY-P-1. Troy. nr aver 9o SEP . 8 PIS 3 58 LOANNO 600352330 ISpsoe AEOVe This Line For Raeordl, 0.11 MORTGAGE THIS MORTGAGE ('Security Instruments is given on A„ g u s t 2 B 1 s s B The mortgagor is KENNETH R GIBSON. and PAMELA A GIBSON. HUSBAND B WIFE ('Borrowed. This Security Instrument is given to Standard Fe de raj Bank. A Federal Sav lags Bank. which is organized and existing under the laws of T h e u a I t a n S t a t e a o f A in e r t c e. and whose address is 2 6 0 0 W 819 B e a v e r Rd , Troy. 111 410 84 ('Lender) Borrower ovree Lender the principal sum of Erg IN ty four Thousand Dollars and no/tea Dollars (U.S. $ B a , o a o D a ) This debt Is evidenced by Borrowers note dated the same date se this Security Instrument rNote9, which provides for monthly payments, with the full debt, If not paid emilar, due and payable on September 1. 2011 This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, with haereat, and All renewals, extensions and modifleatlons of the Note, (b) hie payment of all other sumA with Interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (C) the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose, i Borrower does hereby mortgage, gram and convey to Lender the following described property located in C U M B E R L A H D County. Pennsylvania- ,¢u ncff caL Pt gaQ i ITEM? 46070/250 a0 which has the address of 2147ANEWVILLE RD CARL r S L E , [Suml lotyl Pennsylvania 17013 ("Property Address, 13p Code] TOGETHER WITH All the improvements now w hereafter erected on the property, and all easements, appurtenances, and (Mum now or hereafter a part Of the property All replacements and additions shall also be covered by this Securl'ry Instrument. All of the foregoing is referred to In this Security Instrument as the'Property.' BORROWER COVENANTS that Borrower is lawfully selsed of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property Is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the INe to the Property against all claims and demands, subject to any encumbrances of record. PENNSYLVANUI-SINGLE FAMILY-FNMA/FNLMC UNIFORM INSTRUMENT OCOX1340 ma 19 FORM=S a/W IBC/CMpTPA//past/a0391Lep1.L PAGE IOF6 1 LOANNO. 500362330 -THIS SECURITY INSTRUMENT combines uniform covenants for national use and nomundarm covenants with limit .-Tad variations by jurisdiction to constitute a uniform security Instrument covering real property UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges Borrower shall promptly pay when due the principal of and Interest on the debt evidenced by the Note and any prepayment and late charges due under the Note 2. Funds for Tun and Insurance. Subject to applicable law or to a written waiver by Larder, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note Is paid in full, a sum CFundsl for (a) yearly taxes-and assessments which may analn priority Over this Security Instrument as a lien on the Property, (b) yearly leasehold payments or ground remit on the Property, t any, (c) yearly hazard or property insurance premiums; (d) yearly flood Insurance premiums, 0 any, (e) yearly mortgage Insurance premiums, N any, and W any sums payable by Borrower to Lender, In accordance with the provisions of paragraph S. in lieu of the payment of mortgage Insurance premiums. These items are called *Escrow Items.' Lender may, at any time, collect and hold Flails In an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. li 2601 at seq. ('RESPAJ, unless ambler law that applies to the Furls sets a lesser amount If so. Larder may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expendaures of future Escrow Items or otherwise In accordance with applicable law. The Funds shall be hold in an Institution whose deposits are insured by a federal agency, insiromentslity, or entty (including lender, N Larder Is such an Institution) Orin any Federal Home Loan Bank Lender shall apply the Funds to pay tha Escrow Items Lender may not charge Borrower forholding and appying the Funds. annually analyzing the escrow account, a verifying the Escrow Items, unless Lender pays Borrower Ilntersst on the Funds and applicable law permits erto?e make h a charge However, Lender may require Borrower to pay a on"me charge form Independent real reporting service used by Lender In connection with the loan, unleas applicable low pro des otherwise Unless m agreement Is made orapplicable law requires Inwest to be paid, Lander shall not be required to pay Borrower, any Interest or earnings on the Funds Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds Lender shall give to Borrower, wthtxd charge. an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds we pledged as addtIwW security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable taw. If the amoure of the Funds held by Lender at any rime ls not sutlclam to pay the Escrow itema when due Lender may so notify Borrower In wmkq, and, In such case Borrower shall pay to Lender the am unt necessary to make up the deficiency. arrows, shelf make up the dialWancy In no more than twelve monthly payments, at Lender's sole discretion. Upon payment In fun of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. It, under paragraph 21. Lender Well acquire or sell the Property. Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or safe as a credit against the sums secured by this Security Instrument 3. Appifcallm of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shag be applied: first, to any prepayment chases due under the Note; second, to amounts payable under paragraph 2; third, to Interest due, fourth, to princlpsl due, and last, to any late charges due under the Note. 4. Charges; Lone. Borrower shelf pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority Over this Security Instrument, and lsaashold payments or ground rents. N any Borrower shall pay these obligations In the manner provided In paragraph 2, or N not pall In that manner, Borrower shall pay them on time directly to the person owed payment Borrower shall promptly furnish to Lender all nobcas of amounts to be paid under this paragraph. If Borrower makes these payments directly. Borrower shall promptly furnish to Lender receipts evidencing the payments Borrower shag promptly discharge any Ilen which has priority Over this Security Instrument when Borrower (a) agrees in writing to the payment of the obi gatlon secured by the lion in a manner acceptable to Lender, (b) Contests In good faith the lien by, or defends against enforcement of the lien in. legal proceedings which In the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any part of the Property Is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice Identifying the lien Borrower shall satisfy the lien or take one or more of the salons set forth above within 10 days of the giving of notice t. Hazard or Property Insurance. Borrower shall keep the Improvements now existing or hereafter erected on the Property insured against loss by fire, hazards Included within the term 'extended coverage' and any other hazards. including floods or flooding, forwhich Lender requires insurance This Insurance shag be maintained in the amounts and for the periods that Lender requires The insurance carrier providing the Insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld N Borrower fags to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights In the Property in accordance with paragraph 7 FmNSYLVANM-SINGLE FAMILY-FNMA/PNLMC UNIFORM INSTRUMENT (? Fa IW store a/ore ISC/CMOTPA//OTSI/30hI1 901-L PAGE 2 OF6 BOOK1340PABE 192 All insurance policies and renewals shall be acceptable to Lender and shall Intl Lender shall have the right to hold the policies and renewals If Larder requires, Bc all receipts of paid premiums and renewal notices In the avert otions, Borrower st insurance carder and Lender. Lender may make proof of loss it not made promptly Unless Lender and Borrower otherwise agree in writing, insurance proceeds sh of the Property damaged, If the restoration or repair Is economically feasible and Le the restoradon or repair Is not economically feasible or Lenders security would be I shall be applied to the sums secured by this Security Instrument, whether or not the Borrower. It Borrower abandons the Property. or does not answer within 30 days a insurance cattier has offered to settle a claim, then Lender may collect the insuranc proceeds to repair or restore the Property or to pay sums secured by this Security I The 30-day period will begin when the notice is given. LOAN NO. 60036 x 330 ide astaldard mortgage clause. Tower shag promptly give to Lender I melioration or repair Is not lessened. If Nuance proceeds excess pail to unless Larder and borrower omerwlse agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrowers right to any Insurance pciidw and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the mom of the team, secured by this Security Instrument Immediately prior to the acquisition G. Occupeney, PF a tlon, Malmenance and Pr~lon of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after this axecutlon of this Security Instrument and shag cominue to occupy the Property as Borrowers principal residence for at least one year after the data of occupancy, uNese Lender otherwise agrees in writing, which consent shag not be unreasonably withheld, or unless extenualing circumstances exist which are beyond Borrower's control Borrower shall not destroy, domsgga or Impair its Property, allow the Property to detericrete, or comma waste Gn the Property. Borrower shell be in defauft N any forfeiture action or proceeding, whether cNi or criminal, is spun that In ms 5e my Irstmmem or Lenders security IntereM. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or Proceeding to be dismissed with a ruling that. in Lender's goad faith determination, precludes forfeiture of the Borrowers IntereM in the Property or other materiel Impairment of the lien created by this Security Instrument or Lender's security Interest Borrower shall alp be in default If Borrower, during the loan application process. gave materially false or Inaccurate Information or statements to Lender (or /aged to provide Lender with any material information) In connection with the loan evidenced by the Note, Including, but not limited to, representations concerning Borrower's occupancy of the Property as a primlpal residence If this Security Instrument is on a leasehold, Borrower shag comply with all the provisions of the lapse. 0 Borrower acquires fee title to the Property, the leasehold and the fee tilde shall not merge untesa Lender agrees to the merger In writing 7. Protection of Lender's Rights In the Property. If Borrower falls to perform the covenants and agreements contained In this Security Instrument. or there Is a legal proceeding that may significantly affect Larder's rights In the Property (such in a proceeding in bankruptcy, probes, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever Is necessary to protect the value of the Property and Lender's rights In the Property Lander's actions may include paying any sums Secured by alien which has priority over this Security Instrunam, appearing In court , paying reasonable attomeye fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragmph 7 shall become additional debt of Borrower secured by this Security Instrument Unless Borrower and Lender agree to other terms of payment, these amounts shall bear Interest from the date of disbura ment at the Nate rate and shag be payable, with interest upon miles hoot Lender to Borrower requesting payment. B. Mortgage Insureme. If Lander required mortgage insurance as a condition of making the loan secured by this Security Instrument. Borrower shall pay the premiums required to maintain the mortgage Insurance in effect. ff, for any reason, the mortgage Insurance coverage required by Lender lapses or ceases to be In effect. Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage Insurance previously In effect, at a Mgt substantially equlvatrea to the con to Borrower of the mortgage Insurance previously In effect. from an aftemate mortgage Insurer approved by Lender. If substantially equivalent mortgage insurance coverage Is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Sommer when the insurance coverage lapsed or ceased to be in effect Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage Insurance. Lou reserve payments may no longer be required, at the option of Lender, ff mortgage insurance coverage (In the amount and for the Period that Lender requires) provided by an insurer approved by Lender again becomes available and Is obtained. Borrower shall pay the premiums required to maintain mortgage Insurance in effect, or to provide a loss reserve, until the requirement for mortgage Insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property Lender shall give Borrower notice at the time of or prior to an Inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, In connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT aalidWPAGE 193 foRM m»s/eo ISC/CMCTPA//o361/soaa(aeo)-L PAGE3OF6 LOANNO. 600362330 do the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with any excess pad to Borrower, In the event of a partial taking of the Property In which the fair market value of the Property Immediately before the taking Is equal to or greeter than the amount d the sums secured by this Security Instrument Immediately before the taking, unless Borrower, and Lender otherwise agree In writing, the sums secured by this Security Instrument sham be reduced by the amount of the proceeds multiplied by the following fraction (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property Immediately before the taking. Any balance shall be paid to Borrower In the event of a partial taking of the Property in which the fair market value of the Property Immediately before the taking is leas than the amount of the sums secured Immediately helms the taking, unless Borrower and Lender otherwise agree In writing a unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security instrument whether or not the sums are than due If the Property is abandoned by Borrower, or N, after notice by Lender to Borrower that the condemnor offere to make an award or settle a claim for damages. Borrower fags to respond to Lender within 30 days after the date the notice 13 given, Lender Is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Inebumern, whether or not then due Unless Lender and Borrower otherwiss agree In writing, any applkadan of proceeds to principal shall not Wend or postpone the due date of the monthly payments referred 10 In paragraphs t and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment a modification of amortization of the sums secured by this Security Instrument granted byy Leader to any successor In Interest d Borrower shag not operate to release the liability d the original Borrower or Borrowers succewora In Interest. Lender shell not be required to commence proceedings against any successor In Interest or refuse to extend time for payment a otherwise modify amatiratlon of the sums secured by this Security Instrument by reason of an demand made by the original Borrower or Borrowers successors in interest Arryforbeerance by Lender In exercising any right or remedy shall not be a waNer of or preclude the exercise of any right or remedy. 12. Sumewom and Assigns Bound; Joint and Several Liability; Co-sipnote. The covenants and agreements of this Security Instrument shall bind and benefit the successors and ass, ns Wonder and Borrower, suNect to dxe provisions d paragraph 17. Borrowers coverers and agreements shag be joint and several. Arty Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-slgnlrg this Security Instrument Only to mortgage, gram and comrey that Borrowers Merest in the Property under the terms Of this Security Imananonb (b) Is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms at this Security Instrument or the Note without that Borrower's consists 13. Loan Charges. If the loan secured by this Security Instrument Is subject to a law which seta maximum ben charges, and that law is finally Interpreted so thet the Interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitte ! limit: and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower, ti a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 10. Notices. Any notice to Borrower provided for In this Security Instrument shall be given by delivering it or by making it by first class mall unsese applicable low requires use of another method. The notice shall be directed to the Property Address a any other address Borrower designates by notice to Lender. Any notice to Larder shall be given by first class mall to Lenders address stated herein or any other address Lender tlesignatea by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Lew; Sovetebilly. This Security Instrument shall be governed by federal law and the law of the jurisdiction In which the Property is located In the were that any provision or clause of this Security Instrument or the Noe conflicts with applicable law, such conflict shall not affect other provisiore of this Security Instrument or the Note which can be given effect without the conflicting provision To this and the provislOna of this Security Instrument and the Note are declared to be severable 1& Borrowers Copy. Borrower shall be given one conformed copy of the Note anti of this Securly Instrument 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property many Interest in A Is sold or transferred (or it a beneficial interest In Borrower is add or transferred and Borrower Is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment In full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender of exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration The notice shall provide a period of not less than 30 days from the date the notice Is delivered or malted within which Somcwer must pay all sums secured by this Security Instrument If Borrower fells to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower PENNSYLVANUI-SINGLE FAMILY-FNMA/FNLMC UNIFORM INSTRUMEM I FORM =99/m ISC/CMDTPA//a39h/3039I9III PAGE 4 0F6 B00m1340PASE 194 LOANNO 600362330 19. Borrower's Right to Reinstate. II Sonower meets certain conditions, Borrower shall have the fight to have enforcement of this Security Instrument discontinued at any tlme prior to the "dim m. (a) 5 days (or such other pedoo as applicable law may specify for reinstatement) before sale of the Property pumuam to any power of sale contained In this SecurityInstmmem; or (b) entryof a judgment enforcing this Security Insauman[ Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as If no acceleration had occurred (b) cures any default of any other covenants or agreements, (c) pays all expenses incurred 'L.•'?•• •.. wiz ••IV DUI M..?urw Vy rn,s aecumy msnrumem wait continue unchanged Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective a a no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest In the Note (together with this Security Instrument) maybe sold one or more times without prior notice to Borrower. A sale may resultIn a change do the entity (known as the "Loan SerAcer') that collects monthly payments due lager, the Note and this Security Instrument. There also may be ona or more changes ot the Loan Servicer unrelated to a sale m theNme If there Is a changed the Loan Servitor, Borrower will be given wmten notice of the change In accordance with paragraph 14 above and applicable law The nmkre will state the name and address of the new Loan Servcer and the address to which payments should be made. The notice will also Concern any other Information required by applicable law 20. Nazerdous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that Is in violation of any Environmental Law The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shat promptly give Lender written notice of any Investigation, claim, demand, lawst t of other action by any governmental or regulatory agency or private patty Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge If Borrower learns, or is notified by any governmental or regulatory authority, that any removed m other remediatbn of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedlel actions In accordance with Environmental Law. As used In this paragraph 20,'Hezadous Substances' are those substances defined as toxic or hazardous substances by Environmental Law and the following substances gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materals As used in this paragaph 20,'Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to heath, safety or environmental protection NON-UNIFORM COVENANTS. Borrower and Larder further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prim to occelmisfo , following Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under para graph 17unleexacallrablain. owdea Mh.rwist I,- ,.,.,,„. •••. w. n; tut wnm ma ceuun thus[ ce Cum; aed (d) that failure to cure ex Specified may mule In aeceler ll. n1 rh. -,.,...,.,,..a h., ui. e__...,.. wr r..••.•.• w u•..u••ia .nu wee m ma rmpmy. unuer wait runner Inlorm Borrower of the right to reinstate attar acceleration and the right to Stuart in the fomiosurs proceeding the non-existence of a default or any other defenae of Borrowrto acceleration and loreelosore. If the doleutt is not cured as specified, Larder at Its option my require immediate payment In full of all sum, secured by this Security Instrument without further demand and my foreClose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all espamtas incurred In pursuing the remedies provided In this pangnph 21. Including, but not limited to, attam rys' feex and Coats of tote evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become vold. Alter such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs 23. Welvere. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption FENNSMANM-11INGUE FAMILY-FNMA/FNLMC UNIFORM IN,TRUMENTBOONI340m E 195 FORM =9 B/90 ISC/CM01"PA//0381/3038(BBOI-L PAGE SOFa LOAN NO. 600362330 20. Reinstatement Period. Borrower's time to reinstate provided in paraggrraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or Other sale pursuant to this SecurittyInstrumenl. 2S. Purchase Money Mortgage. If any of the debt Secured by this Security Instrument Is lent to Borrower to acquire tale to the Property, this Security InstrumeM shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees tint the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Rides to this Security Instrument. If one Or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be Incorporated into and Shall amend and supplement the covenants and agreements of this Security Instrument as 8 the rider(s) were a part of this Securityinstrument (Check applicable box(es)] QAdjustable Rate Rider []Condominium Rider ?1-1 Family Rider []Graduated Payment Rider []Planned Unit Development Rider []Biweekly Payment Rider []Balloon Rider []Rats Improvement Rider []Second Home Rider js 0thiii [Specify] -64170-t BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In this Security Instrument and in any rlder(s) executed by Borrower and recorded with r, Witnesses ?P`7? ems. ?.IJ//_yty?,L(/? KE NNEiX 0. GIBSON m I) ?• {? ??Social Security Number 1 6 1- 5 6- 5 0 6 0 PAMELA A GIB 5 n .ee,•,., Social Security Number Social Security Number 1 8 6- 5 0- 4 5 6 5 Social Security Number laps I Nov Thia Um Fw AehruwAMNgsi Certificate of Re idence I, 7d // I . tl rir S do hereby ceniy that the correct address of the within-reamed Mortgagee is 2600 Y 8119 Bearar as Troy NI 48 0a4 Witness my hand this ZgYIA- dayof (94G ' r g9m1 a M9rtpe9« COMMONWEALTHQt1FPPENNSYL;p/NIAX avEy` County Be: On this, the 7, r aay of `j•u4MA'? li , herery me. the undersigned officer, personally appeared KENNETH N G15 S 0N; AnE PAXELA A GI BS O N, NOS BA NO a WIFE known to me (or satlstactorily proven) to be the person s whose name s subscribed to the within instrument an acknowledged that t h e y executed the same for the purposes here) contained. •." IN WITNESS WHEREOF, I hereunto set my hand and official Be., `. te Z -/6.45' My Commission expires Q i ,;.;LfY Nar a l .. . w Kelly L Marks, tt Nagy PUdd k . Nen xlen iM •agliwr y,`/`.; .•,? •..• . a ?M , r p, KPNesFb. 16 MYGan mhdon E 1908 ...,..1 fW4? ".: i , , M P ood390FAGE ..r:.Y w 196-' sIOM. e•.,e..we aa?araelM G PENNSYLVANIA-SINGLE FAMILY-FNMA/FNLMC UNIFORM INSTRUMENT FORM 303e 9/90 ISCfCMOTPA//03 91 /3 03 91as01-L PAGE 6 OF6 ALL THAT CERTAIN tract Of land located in West Pennsboro Township, Cumberland County, Pennsylvania, known as Lot No. 3 Plan of D s M Acres, more particularly bounded and described in accordance with the survey of Douglas S_ Brehm, R.P.L.S., dated September 26, 1985, as follows: BEGINNING at an iron pin set in the northern dedicated right-of- way line of the Pennsylvania Route No. 641, L.R. 21091; thence North 00 degrees 36 minutes 06 seconds West, 370.76 feet to an iron pin; thence along lands now or formerly of Lee X. Pinkenbinder, South 83 degrees 29 minutes 44 seconds East, 109.00 feet to an iron pint thence along the western line of Lot No. 2, 'South 00 degrees 06 minutes 19 seconds West, 352.78 feet to an iron piny thence along the northern right-of-way of said road, South 86 degrees 53 minutes 48 seconds West, 103.91-feet to an iron pin the place of BEGINNING. CONTAINING 0.881 Acres and being all of Lot No. 3, Plan of D t M Acres, Plan Book 48, Page 86. SAID LOT BEING part of the same premises which Douglas S. Brehm and Melissa A. Brehm, husband and wife, by deed dated April 17, 1986, and recorded in the office of the Recorder of Deeds for Cumberland County in Deed Book 31 Volume "V" Page 644, granted and conveyed to Albert J. Deitch, Grantor herein. PREMISES ON: 2147A NEWVILLE ROAD VERIFICATION RODWFEM hereby states that he/she is Assistant Secretary of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action are true and correct to the best of her 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 unswom falsification to authorities. DATE:I? f l.? R NEY F ,Assistant Secretary 3? -o r FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Q 15) 563-7000 CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY Plaintiff VS. KENNETH R. GIBSON PAMELA A. GIBSON Defendants Attorney for Plaintiff COURT OF COMMON PLEAS . CIVIL DIVISION Cumberland County . No. 02-4022 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: September 5, 2002 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff mxp,SVC DEPT Q O FIJ U m r 7C ?, - PLAINTIFF DEFENDANT SERVE AT: --RUSH ?DerViLr- o v ov vt-7ve. 9-/9-oZ r AFFIDAVIT OF SERVICE - CUMBERLAND (FRLMC) CHASE MORTGAGE COMPANY-WEST -'-? F/K/A MELLON MORTGAGE COMPANY PAMELA A. GIBSON NO. 02-4022 TYPE OF ACTION XX Mortgage Foreclosure, _XX-, Civil Action 6500 WEST OLIVE AVENUE, APT # 141 GLENDALE, A2 65302 Served and made known Defendant on theZ ox at __, Z002 _ o'clock, M., at Defendant personalty served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) Agent or person in charge of Defendant's office or usual place of business. company. and officer of said defendant other: a competent adult, being duly sworn accord'n to law, d pose and state that I personally handed to a true and correct copy of the co issued in the captioned case on the da a and at the a ress indices ed above. Sworn to and subscribed Before me this _LJ±- day Of 2002. No ary: By: n the NOT SERVED day of 2002, at o'clock UL U because aa"T<> Move43?c?SEAL (7 : 0 LOLA J. HZ?ttGtlsO own No Answer Vacant n? MAR core COUNTY Of , 1 2002. Notary: By: ATTORNEY OF PLAINTIFF FRANK FEDERMAN, ESQUIRE - I.D.#12248 Suite 1400 MXP One Penn Center Plaza at Suburban Station , Svc Dept. Philadelphia, PA 19103-1799 (215)563-7000 60 39Vd 908900L9s8 TI:Ct Z00Z/90/60 AFFIDAVIT OF SERVICE OF PROCESS BY PRIVATE PERSON H&C FILE NUMBER: 696272/13226 COMMON PLEAS COURT CUMBERLAND COUNTY, STATE OF PENNSYLVANIA State Bar No.: 02-4022 CAUSE NO. CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY VS. KENNETH R. GIBSON STATE OF ARIZONA ss. County of Maricopa The undersigned, being sworn, states: That I am a registered private process server in the county of MARICOPA. and an officer of the Court. On 09/06/02, I received the Complaint in Mortgage Foreclosure from DEFAULT EXPRESS SERVICES, INC., Federman And Phelan, LLP and in each instance I, personally, served a copy of each document listed above on those named below in the manner and at the time and place shown, that all services, except where noted were made within Maricopa County, Arizona. Upon PAMELA A. GIBSON personally, on 09/10/02 at 1 OLIVE AVE, APT 141, GLENDALE, AZ 85302 Subscribed and sworn to before me JOSEPH My commission expires: 03/03/0 am at 6500 WEST k Affiant a J•(NeNotar?Public $ TOTAL OFFICIAL SEAL LOLAJ.F RGUSON Y Nowty rueuc ewE of Alelzorw MARICOPA COUNTY • nu ` MY COMM. EXPIRES MAR. 3,2006 fnPl?iLV INCORPORATED 800 NORTH 4TH STREET PHOENIX, ARIZONA 85004 TELEPHONE: (602) 452-1800 rv z s v .;?„ cn ' o UJ FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY CUMBERLAND COUNTY 3415 VISION DRIVE COURT OF COMMON PLEAS COLUMBUS, OH 43219 CIVIL DIVISION Plaintiff, V. NO. 02-4022 KENNETH R. GIBSON PAMELA A. GIBSON Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against KENNETH IL GIBSON and PAMELA A. GIBSON, 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 $66,929.41 Interest from 8/2/02 to 10/16/02 $ 931.76 TOTAL $67,861.17 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. 4DALN,4E RANKFSQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: (OC-4 17. aocQ, PRO PROTHY FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY Plaintiff KENNETH R. GIBSON PAMELA A. GIBSON vs. Defendant(s) TO: KENNETH R. GIBSON 2147 A NEWVILLE ROAD CARLISLE, PA 17013 DATE OF NOTICE: OCTOBER 4. 2002 Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY NO. 02-4022 CIVIL TERM 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 enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMIBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 rank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY Plaintiff vs. KENNETH R. GIBSON PAMELA A. GIBSON Defendant(s) TO: KENNETH R. GIBSON SCI AT WAYMART P.O. BOX 256 WAYMART, PA 18472 DATE OF NOTICE: OCTOBER 4. 2002 Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-4022 CIVIL TERM 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 enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 6a, , Frank Federman, Esquire Attorney for Plaintiff FEDERNLAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (?15) 563-7000 CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY Plaintiff vs. KENNETH R. GIBSON PAMELA A. GIBSON Defendant(s) TO: KENNETH R. GIBSON 6500 WEST OLIVE AVENUE, GLENDALE, AZ 85302 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-4022 CIVIL TERM APARTMENT 141 DATE OF NOTICE: OCTOBER 4, 2002 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 enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 rank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELA:N BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 561-7000 CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY Plaintiff vs. KENNETH R. GIBSON PAMELA A. GIBSON Defendant(s) TO: KENNETH R. GIBSON 679 COOPER AVENUE JOHNSTOWN, PA 15606 DATE OF NOTICE: OCTOBER 4. 2002 Attomey for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-4022 CIVIL TERIM 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 enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERYIAN AND PHELAiN BY: FRANK FEDERIMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (715) 563-7000 CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY Plaintiff vs. KENNETH R. GIBSON PAMELA A. GIBSON Defendant(s) TO: PAMELA A. GIBSON 6500 WEST OLIVE AVENUE, GLENDALE, AZ 85302 Attorney for Plaintiff COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY NO. 02-4022 CIVIL TERM APARTMENT 141 DATE OF NOTICE: OCTOBER 4, 2002 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 enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 _ i rank Federman, Esquire Attorney for Plaintiff "tao"SH OMPANY-WEST F/K/A MELLON MORTGAGE COMPANY and officer of said defendant AFFIDAVIT OF SERVICE - CUMBERLAND (FHLMC) PLAINTIFF CHASE MORTGAGE C -? DEFENDANT SERVE AT: PAMELA A. GIBSON NO. 02-4022 TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action 6500 WEST OLIVE AVENUE, APT # 141 GLENDALE, AZ 85302 Served and made known to ?±?Lrnela A _,So Defendant on theH d?y of! n 2002, at at ae City in cne manner described below: D efendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) Agent or person in charge of Defendant's office or usual place of business. company. Other: I. a competent adult, being duly law, d pose and state that I personally handed t a true and correct copy of the ?n? ;n Nj issued in the captioned case on the date and at above. Sworn to and subscribed Before me this 1144- day OfT/, 2002. No ary: efor B me t e MXP, Svc Dept. n the day M S? i.vaKOV? cower S o da Of . 2002 Notary: ° accor Fnn'r 105 s r"C Tess indicated By: NOT SER rED , 2002, at fuse: _No Answer Vacant 9-/q-oZ o'clock By: ATTORNEY OF PLAINTIFF FRANK FEDERMAN, ESQUIRE - I.D.#12248 Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215)563-7000 E0 39Vd I S0890OL998 TT:ET L00d/90/60 ?_ w ? V -?? c> c c- ,ti ?r ' r??? - ? ? ? ` '- ? •. ? r ' -. r ,: FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 12151563-7000 CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE V. Plaintiff, KENNETH R. GIBSON PAMELA A. GIBSON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-4022 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, 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 KENNETH R. GIBSON is over 18 years of age and resides at, 2147 A NEWVILLE ROAD, CARLISLE, PA 17013. (c) that defendant PAMELA A. GIBSON is over 18 years of age, and resides at, 6500 WEST OLIVE AVENUE, APT. 141, GLENDALE, AZ 85302. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FE ERMAN, ESQUIRE Attorney for laintiff C? ?`) =i i ? ?,? ;> ? -? _ tiG' ? `? ntr: 1 U'. ... ._. f'.. _. ?^_ _.. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY Plaintiff, V. No. 02-4022 KENNETH R. GIBSON PAMELA A. GIBSON Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $67,861.17 Interest from 10/17/02 to3/5/03 $ 1,562.40 and Costs (per diem -$11.16) TOTAL $69,464.21 C t CAAA RANK FED RMAN, ESQUIRE 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. N O M az ?° zz a? a PLO vz wx > x F z z o xW w? v Erb Cd ?v Uw a O ? v9. ? ? ?' DJ w N d W M O W a? w" m UW da ?o z? d ?tn N O d b a a T ALL THAT CERTAIN tract of land located in West Pennsboro Township, Cumberland County, Pennsylvania, known as Lot No. 3 Plan of D & M Acres, more particularly bounded and described in accordance with the survey of Douglas S. Brehm, R.P.L.S., dated September 26, 1985, as follows: BEGINNING at an iron pin set in the Northern dedicated right-of-way line of the Pennsylvania Route No. 641, L.R. 21091; thence North 00 degrees 36 minutes 06 seconds West, 370.76 feet to an iron pin; thence along lands now or formerly of L,ee K. Finkenbinder, South 83 degrees 29 minutes 44 seconds East, 109.00 feet to an iron pin; thence along the Western line of Lot No. 2, South 00 degrees 06 minutes 19 seconds West, 352.78 feet to an iron pin; thence along the Northern right-of-way of said road, South 86 degrees 53 minutes 48 seconds West, 103.91 feet to an iron pin the place of beginning. CONTAINING 0.881 Acres and being all of Lot No. 3, Plan of D&M Acres, Plan Book 48, Page 86. TAX PARCEL 1/18-1.400 BEING: 2147 A NEWVILLE ROAD CARLISLE, PA 17013 TITLE TO SAID PREMISES IS VESTED IN Kenneth R. Gibson and Pamela A. Gibson, His Wife by Deed from Albert 1. Deitch dated 12/22/1989 and recorded 12/22/1989 in Deed Book 34 Volume "I", Page 466. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-4022 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY, Plaintiff (s) From KENNETH R. GIBSON, 2147 A NEW VILLE ROAD, CARLISLE, PA 17013 AND PAMELA A. GIBSON, 6500 OLIVE AVENUE, APT. 141, GLENDALE, AZ 85302 (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 $67,861.17 L.L. $.50 Interest FROM 10/17/02 TO 3/5/03 (PER DIEM - $11.16) - $1,562.40 AND COSTS Atty's Comm % Due Prothy $1.00 Arty Paid $77.00 Other Costs Plaintiff Paid Date: OCTOBER 17, 2002 CURTIS R. LONG Prothonotaa n y?j (Seal) Deputy REQUESTING PARTY: Name FRANK FEDERMAN, 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. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. KENNETH R. GIBSON PAMELA A. GIBSON CIVIL DIVISION NO. 02-4022 Defendant(s). CERTIFICATION FRANK FEDERMAN, 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 unswom falsification to authorities. h FRANK FE ERMAN, ESQUIRE Attorney for Plaintiff ? C7 f 7 El' .C CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY Plaintiff, V. KENNETH R. GIBSON PAMELA A. GIBSON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-4022 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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,2147 A NEWVILLE ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name KENNETH R. GIBSON PAMELA A. GIBSON Last Known Address (if address cannot be reasonably ascertained, please indicate) 2147 A NEWVILLE ROAD CARLISLE, PA 17013 6500 WEST OLIVE AVENUE, APT. 141 GLENDALE, AZ 85302 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BANK ONE, NA ADDRESS TO BE DETERMINED 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 2147 A NEWVILLE ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 11, 2002 DATE RANK FED AN, ESQU Attorney for Plaintiff c. ^? -:, ?' ` '?i:_ . ? ?. _, , . .. L iJ, . f , _ T i. .. -?j `J el -? (•J -G. CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY Plaintiff, V. KENNETH R. GIBSON PAMELA A. GIBSON Defendant(s). CUMBERLAND COUNTY No. 02-4022 October 11, 2002 TO: KENNETH R. GIBSON 2147 A NEWVILLE ROAD CARLISLE, PA 17013 PAMELA A. GIBSON 6500 WEST OLIVE AVENUE, APT. 141 GLENDALE, AZ 85302 * *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 BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLYENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 2147 A NEWVILLE ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $67,861.17 obtained by CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land located in West Pennsboru Township, Cumberland County, Pennsylvania, known as Lot No. 3 Plan of D & M Acres, more particularly bounded and described in accordance with the survey of Douglas S. Bre", R.P.L.S., dated September 26, 1985, as follows: BEGINNING at an iron pin set in the Northern dedicated right-of-way line of the Pennsylvania Route No. 641, L.R. 21091; thence North 00 degrees 36 minutes 06 seconds West, 370.76 feet to an iron pin; thence along lands now or formerly of Lee K. Finkenbinder, South 83 degrees 29 minutes 44 seconds East, 109.00 feet to an iron pin; thence along the Western line of Lot No. 2, South 00 degrees 06 minutes 19 seconds West, 352.78 feet to an iron pin; thence along the Northern right-of-way of said road, South 86 degrees 53 minutes 48 seconds West, 103.91 feet to an iron pin the place of beginning. CONTAINING 0.881 Acres and being all of Lot No. 3, Plan of D&M Acres, Plan Book 48, Page 86. TAX PARCEL #18-1.400 BEING: 2147 A NEWVILLE ROAD CARLISLE, PA 17013 TITLE TO SAID PREMISES IS VESTED IN Kenneth R. Gibson and Pamela A. Gibson, His Wife by Deed from Albert I. Deitch dated 12/22/1989 and recorded 12/22/1989 in Deed Book 34 Volume "I", Page 466. 'TI p IJ. ._? AFFIDAVIT OF SERVICE PLAINTIFF CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY DEFENDANT(S) KENNETH R. GIBSON PAMELA A. GIBSON SERVE PAMELA A. GIBSON AT 6500 WEST OLIVE AVENUE, APT. 141 GLENDALE, AZ 85302 SERVED CUMBERLAND COUNTY No. 02-4022 KMD ACCT. #5800828616 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 5, 2003 Served and made known to. Qln-e10 . G,btLj:? Defendant, on the - Og+kl day of 200 at?. ?]o'clock .m., at pf]rn R 0V V )- LI ('` C l A7 - Commonwealth of Pennsylvania, in the manner described below: _X Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Height Weight Race `-?,',, ?? O Sex Other I, ?-? - CC77 ZP-C , 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 abov . OFFICIAL SEAL Sworn to and subscribed LAURA ROUNDS before me this ?? da NOTARY PUBLIC - State of Arizona Y MARICOPA COUNTY ofCr1LjDCj - 200Q. My COMM. € ores March 5, 2006 No d O By. PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICAT DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVE On the day of 200_, at Moved Unknown No Answer 1St Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of 200 Notary: By: o'clock -.m., Defendant NOT FOUND because: Vacant 2nd Attempt:_--! Time: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 r? c- . ?- v,,'- f-ili =? - - ,. ?__? ._ .- . -" C. L: __ ' _ ll? ! ? __ `? ? .? ?? AFFIDAVIT OF SERVICE PLAINTIFF CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY DEFENDANT(S) KENNETH R. GIBSON PAMELA A. GIBSON SERVE KENNETH R. GIBSON AT SCI AT WAYMART P.O. BOX 256 WAYMART, PA 18472 CUMBERLAND COUNTY KMD No. 02-4022 ACCT. #5800828616 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 59 2003 SERVED Kenneth R. Gibson , Defendant, on th(. 2 9 t h day of Oct- 200 Served and made known to at10. 30 o'clock A.m., at SCI at Waymart, PA. 18472 Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. x x x Adult family member with whom Defendant(s) reside(s). Relationship is_ Roxanne C r, i s c e r a, Record Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Specialist where Kenneth Manager/Clerk of place of lodging in which Defendant(s) reside(s). in jailed. 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 4 9 Height 5' 0" Weight 12 0 Race W Sex F Other Glasses, brown hair I, Robert F. Harris , 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.- : * F Sworn to and subscribed before me this 30 day of Oct. `200 ? By dCt?C-? / :C3i Jz rn PLE ATTEMPT §ER),4/E AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE A? T 1?IPTE$. H a r r i s NOT SERVED On the day of Moved Unknown No Answer 1St Attempt: Time: o'clock -.m., Defendant NOT FOUND because: 200, at Vacant 2nd Attempt„ Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 1200-. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 n ? ::? C. K ? i?a -ai ? 1 v i.,i. /_s _ _ '' .? ....? -1 _ 1 f-'.. _ K9 ?.. ._. .r "` " : __ `?. I . 1 . . _? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-04022 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY-WEST VS GIBSON KENNETH R ET AL R. Thomas K1 , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SON KENNETH R but was unable to locate Him deputized the sheriff of WAYNE serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On October 24th , 2002 , this office was in receipt of the attached return from WAYNE Sheriff's Docketing Out of Cc Surcharge Dep Wayne Costs: 18.00 xnty 9.00 10.00 County 55.00 nr So answer R. Thomas Kline Sheriff of Cumberland County J G V V 10/24/2002 FEDERMAN & PHELAN Sworn and subscribed to before me this ,y/,L, day of OZ1111 ?pU L A. D. Prothonot r in his bailiwick. He therefore SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-04022 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY-WEST VS GIBSON KENNETH R ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT GIBSON PAMELA A unable to locate Her in his bailiwick COMPLAINT - MORT FORE , but was He therefore returns the NOT FOUND , as to the within named DEFENDANT , GIBSON PAMELA A PAMELA GIBSON MOVED TO ARIZONA, PER CURRENT OCCUPANT OF 2147A NEWVILLE ROAD CARLISLE. Sheriff's Costs: So answer Docketing 6.00 Service 3.45 Affidavit 5.00 'Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 24.45 FEDERMAN & PHELAN 10/24/2002 Sworn and subscribed to before me this oja.- day of 61_4? ,7 A. D. Pr t onotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-04022 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY-WEST VS GIBSON KENNETH R ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GIBSON KENNETH R but was unable to locate Him deputized the sheriff of CAMBRIA in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On October 24th , 2002 , this office was in receipt of the attached return from CAMBRIA Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Cambria County 14.41 .00 51.41 10/24/2002 FEDERMAN & PHELAN So answers: R Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 31,,,k day of 0, , 02 (rp Z A.D. om? p Prothonotary SERVE: In The Court of Common Pleas of Cumberland County, Pennsylvania Chase Mortgage Company - West VS. Kenneth R. Gibson et al Kenneth R. Gibson No 02 4022 civil No. Now, September 10, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Wayne County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. o; mfr Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of 20 20 , at o'clock M. served the copy of the original COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA S SHERIFF'S DEPARTMENT WAYNE COUNTY, PENNSYLVANIA COURTHOUSE ANNEX925 COURT STREET, HONESDALE, PA 18431 SHERIFF'S RETURN OF SERVICE Place of origin: Cumberland County, PA Court Number: 4022-Civil-2002 Type of Writ or Complaint: Complaint in Mortgage Foreclosure Plaintiff/s/: Chase Mortgage Company-West, F/K/A Mellon Mortgage Company Defendant/s/: Kenneth R. Gibson, Inmate #EZ4300 Plaintiff Atty: Frank Federman, Esq. Name of Entity to Serve: Kenneth R. Gibson, Inmate #EZ4300 Address: c/o SCI Waymart, Route 6, Waymart, PA 18472 Place of service: c/o SCI Waymart, Route 6, Waymart, PA 18472 Date and time of Service: September 13, 2002 9:50 AM I hereby CERTIFY and RETURN that I, Stanley Rudowicz, Deputy, have served person in charge, Jesse L. Rutkoski, Record Spec. II, the writ or complaint described upon the above named individual, company, corporation, etc., at the place of service shown above. Witness my hand and seal of office at Honesdale, Pennsylvania this 19th day of September, 2002. So Answers Charles Morelli, Sheriff. Charles Morelli Sheriff of Wayne County Sworn to and subscrib d before me this-day of 2002 Notarial Seal Kathleen A. Dougher, Notary Public Honesdale Boro, Wayne County My Commission Expires Feb. 2, 2004 Mettiber, PennsyNaniaAssoclabonolNoWies R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor TO: Wayne County Sheriff Dear Sir: OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy PATRICIA A. SHATTO Real Estate Deputy Chase Mortgage Canpany-West RE: VS Kenneth R. Gibson et al 02-4022 civil Enclosed please find Notice and Complaint in Mortgage Foreclosure to be served Kenneth R. Gibson SCI Waymart EZ 4300 Rt 6 Waymart, PA 18472 in your County. Kindly make service thereof and send us your return of service. Enclosed is the advance payment which you requested. Very truly yours, R. Thomas Kline, Sheriff Cumberland County, Pennsylvania Enclosures: ?`???' ???' ,fir .?a ??S Sheriff's Department WAYNE COUNTY, PENNSYLVANIA COURTHOUSE ANNEX 925 COURT STREET, HONESDALE, PA 18431 Date: September 19, 2002 To: Frank Federman, Esq. Plaintiff/s/: Chase Mortgage Company-West, F/K/A Mellon Mortgage Company Defendant/s/: Kenneth R. Gibson, Inmate #EZ4300 Court No. 4022-Civil-2002 Type of Complaint or writ: Complaint in Mortga Costs: Description Amount Balance Deposit ck.#222888 $100.00 $100.00 Copy ($1.00) $99.00 Deputy Time ($22.00) $77.00 Docket & Record ($9.00) $68.00 Mileage ($12.00) $56.00 Notary ($2.00) $54.00 Service ($9.00) $45.00 ** If Balance Due, Sheriff's Return will be made upon payment. , Charles Morelli Wayne County Sheriff I In The Court of Common Pleas of Cumberland County, Pennsylvania Chase Mortgage Ccmpany - West vs. Kenneth R. Gibson et al 4022 civil SERVE: Kenneth R. Gibson No 02 Now, September 9 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Cambria County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ' aced-J..?P Sheriff of Cumberland County, PA Affidavit of Service Now, October 11, , 2002 , at o'clock M. served the within upon at by handing to a and made known to [-Not found as to the within //II`` Sheriff f of Cambria Co. Pa. Defendant is in prison. the contents thereof. named defgddant Kenneth R. Gibson by Bob Kolar, answers, Bob Kolar, Sheriff Sheriff of Sworn and subscribed b fo_\r^e_ me this I- day of r 20 OD- copy of the original COSTS SERVICE $ MILEAGE AFFIDAVIT Cambria C County, PA $35.25 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 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 CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O2 - S/0.1 k CUMBERLAND COUNTY KENNETH R. GIBSON PAMELA A. GIBSON 6500 WEST OLIVE AVENUE, APARTMENT 141 GLENDALE, AZ 85302 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **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. ** 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the se?al? pf said Co at Carlisle, Pa. phi day f , Loan 5800828616 `%C.J \ Pr6thonotary 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. I . Plaintiff is CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: KENNETH R. GIBSON PAMELA A. GIBSON 6500 WEST OLIVE AVENUE, APARTMENT 141 GLENDALE, AZ 85302 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 8/28/96 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to STANDARD FEDERAL BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1340, Page 191. By Assignment of Mortgage recorded 6/30/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 551, Page 138. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 4/1/02 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. 6. The following amounts are due on the mortgage: Principal Balance $62,819.69 Interest 1,888.04 3/1/02 through 8/1/02 (Per Diem $12.26) Attorney's Fees 1,225.00 Cumulative Late Charges 265.77 8/28/96 to 8/1/02 Cost of Suit and Title Search 550.00 Subtotal $66,748.50 Escrow Credit 0.00 Deficit 180.91 Subtotal 180.91 TOTAL $66,929.41 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c. 10. This action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $66,929.41, together with interest from 8/1/02 at the rate of $12.26 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. FEDERMAN AND PHELAN, LLP By: s./ Francis S. Hallman FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 62 6K ?? 060 a36?33 0 AFTER RECORDING MAILTO '' ` S t an darn Federal Bank .:_CO%iCA GF CEigc 2600 W Big beaver Rd '.U!!3C:i l_AtlC COURiY-P.. Tr. y. MI 48064 '98 SEP.6 PIS 3 58 LOAN NO 600662360 (Speaa Above TtWa this fp Ren.MNeg asset MORTGAGE THIS MORTGAGE (•Secudty Instrument) is given on A 111,1 a t 2 6. L996 The mortgagor is KENNETH A GIBSON. and PAMELA A GIBSON. HUSBAND A WIFE CBexrowen. This SactaM Instrument is given to Standard Federal Bank, A F.dor.l Savings Bank. whmh is ofgenlzW and exLWng Under the isw6 of Th. United S t a t e s of A m e r i c a . and Whose address is 2600 W 619 0....I Rd , Troy, MI 46064 rLender) Barows,row LandaffteprlnCipalanmof Eighty Four Thousand Dal lure and no/lOO DOILM (U.S. $ a 4 , 0 0 0 0 0 ) This debt is evidenced by BGrtowere note dated the same date TURING Security ImWment (-Natal, which provides, fa montNy payments, with the full debt, N not paid earlier, clue and payable on s . P t e n b . r l . 2 0 1 l This Security IrdUUnmt secures to Larder, (a) the repayment of the debt evidenced by the Note, with 6dered, and all renewals, waseralons and modifications of the NOW. (b) the payment of aA other sums with Interest. advanced under paragraph T to protect the security of this Security Instrument; and (c) the perforrtanca of Borrowers coverems and agi- mo s under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and corray to Lendorthe following described property located in C U M B E A L A N 0 County, Pennsylvania' jot pJE.Q.6kar-'-&ea.Q ITEM] 460)64 t 5040 which has the address of 2141A NE VV I LIE R+ CARLISLE tsbeM7 ICtyl Pennsylvania 1 ) 0 1 3 (Rropery Addrassl, (Zo Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property All replacements and additions shall also be covered by title Security Instrument. All of the faegoing is referred to In this Security Instrument as the'Property.• BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the tide 10 the Property against all Uaims and demands subject to any encumbrances of record. PENNSYLVANIA-SINGLE FAMILY-FNMA/FMLMC UNIFORM INSTRUMENT BOON1A39OFAcE 19 FORM=99/90 IBC/CMOTPN/DDen/6C1919AwL PAGE I OF6 1 \a 1 LOANNO. 600361330 THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covanams with limited variations by judsdidlon to constitute a uniform security Instrument covering real property UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Intrust; Prepaymam and Late Charges. Borrower shall promptly pay when due the principal of and Interest on the debt evidenced by the Note and any prepayment and late charges due under the Note 2. Funds for Taxes and Insurance. Sub Jed to applicable law or to a written waiver by Lender, Borrower shall pe to Lender on the day monthly payments are due under the Note, unit the Note Is paid In full, a am rFurdsl for (a) yearly taxes-rid aesesamew which may attain priority Over Oft Security InWumra as a Ilan on the Property. (b) yea leasehold paymrnts or ground rem$ on the Property. N any, (c) yearly hazard or property Insurance premiums; (d) yearly flood Insurance premium, If any; (e) yeah mortgage Insuranca premaura, a any. and m any stra payable by Borrower to Lander. In accordance with the provisions Of paragraph B. N Neu of the paymard of raw" Insurance premiums. These Mere re caged 'Escrow Items' Lehr may, at any time, collect and hold Funds In an amount not to exceed the maximum amount a lender for a federally related mortgage Ipen may require for Borrower's escrow, account under the federal Real Estate sememant Procedures Act of 1974 as amended from tune to time, 12 U.S.C. s 2601 at seq. CRESPAJ, unaea another law that applies to the Funds arc a leaser amount II so, Lander may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Func due on the basis Of currant data and reasonable eaomatas of expendrtues of future Escrow Items or otherwise in accordance with applicable law. The Fula shall be held In an institudon whose deposits are Insured by a federal agency. Httrumrnality, r rally (Including Leader, it Landr fs such an institution) min any Federal Home Loan Bank Landr shat apply the Funds tc pay the Escrow Items Lender may not charge Borrower fr holding and applying the Funds. amWy anslyzi g ale escrow account, or ventyang the Escrow, hems, urtess Lender pegs Borrower IrW W an the Funds and e13d1cabIa dew pemas Lender o make such a charge However, Lender may require Borrower to pays one-time charge for an Independent real estate tax reportkd service used by Lender In connection with this loan. untaac applicable law Leader may agree in charm an annual ac Funds, not be The M the Funds held by Lendr exceed the amounts pamiBed to be held by applk2lde law, Lender Shat account to Borrower fr the exam Funds in accordance with the requirernents of applicable law. M the amount of the Funds held by Larder at any ante is not erlmClra to pay the Escrow Moms when dam Lehr may so notify Borrower in writing. and, In such asset Borrower Slma pay to Lender the amount necessary to make up the doWwmy. Borrower shall make up the deficiency In m mot then twelve monthly paymeram at Lender's ado dhcre ord. Upon payment In full of all sums sacred by this Security Instrument Lander shell promptly refund to opmaNer any Funds held by Lender. It, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply arty Funds held by Lender at the time of acquisition r sale as a credit against the sums Secured by this Security Instrument 1 Application of Paymaras. Unless applicable law prcvlrlm otherwise, all payments received by Lender under paragraphs 1 and 2 shat be applied: NrsL to any prepayment charges due under the NOW; second. to amounts payable under paragraph 2: third, to Interest due, fourth, to principal due, and last to any Into charges due under the Note. 4. Charges; Lime. Borrower shall pay all taxes, aseaasmenta, charges, Mss and impositions attributable to the Property which may attain priority over this Security Instrument, and leaeahold payments or ground nafm N any Borrower stall pay them obligations in the manner provided In paragraph 2, or M not paid In that manner, Borrower stall pay them on time directly to the person owed payment. Borrower, shall promptly lumiah to Lander all notices of amounts to be paid under this paragraph. N Borrower makes these payments directly, Borrower Shall promptly fumish to Lender receipts evidencing the payments Borrower shall promptly discharge arrtyry Iim which has priority over this Security Instrument uniess Borrower (a) agrees in writing to the payment of the obligation Seared by the Ilan In a roamer acceptable to Leakier, (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the ardommerd of the lien; r (c) Secures from the holder of the lien an agreement sadi factory to Lender subordinating the lien to this Security Instrument If Lender datemines that any part of the Property Is subject to a lien which may attain priority Over this Secumy Instrument, Lender may give Borrower a notice Identifying the lien Borrower shall Satisfy the lien or take ore or more of the actions sr form above within 10 days of the giving of notice S. Hazard or Property Insurance. Borrower shall keep the Improvements now misting r hereafter erected on the Property insured against lam by fire, hazards included within the term "Mended coverage' and any other hazards, including floods or flooding. for which Lender requires insurance This Insurance shall be malntalned in the amounre and for me periods that Lender requires The insurance carrier providing the Insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld If Borrower lads to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lenders rights In the Property in accordance with paragraph 7 PENNSYLVANU,-SINGLE FAMILY-FNMA/FNLMC UNIFORM INSTRUMENT D2 FORM 30399/90 ISC/CMOTPA//0391/30a9f4901-L PAGE 2OF0 BOOA1340PABE D2 LOAN NO. 6G a 362330 All insurance policies and renewals shag be acceptable to Lender and shall Include astandard mortgage clause. Lender shall have the right to hold he policies and renewals If Lender requires, Borrower shag Pimply give to Lender all receipts of paid premiums and renewal notices In the were Gf loss, Borrower shall give prompt notice to the insurance carrier and Lender. Larder may make proof of loss d no made Promptly by Borrower Unless Lender and Borrower ottoomb a agree in writing, insurance Proceeds shell be applied to restoration or repair of the Property damaged, If the restoration or repair is economically feasible and Lender's security Is not lessened. If the restoration or repair is no economically feasible or Lender's security would be lessened, the Insurarrce proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, wan any excess paid to Borrower. It Borrower abandons the Property. or does not answer within 30 days a hones from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds Lender may use the proceeds to repair or restore the Property or to pay soma secured by this Security Instruments. whether or not then due The 304ay period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not emend or postpone the due date of the monthly payments referred to In paragraphs 1 and 2 or charge the amount of he payments. If under paragraph 21 the Property is acquired by Lender, Borrowers right to any Insurance policies and proceeds resulting from damage to the Property prior to the acquisition stall pass to Lender to the =am of he some secured by this Security Instrument Immediately prlor to the acquisition 0..Occupancy, Preservation, Maintenance and Protection of the Prooartx: Borrower. Leen aooluretu - shall not be un sswoadv withheld. or timers gooo soon judgment cc= result us fotelture of the Property o otherwaca matenWy knppeelIrrthe lien created by this Security Instrument: or Lender's Security Interest. Borrowx may cum such n default and roiahte, as provided in paragraph IS, by causing the action or proceeding to be damfssad with a ruling than. in Lenders good filth determination, preclude, kdaltae of the Borrowers Interest in the Propany a other material inpeimem of the lien am by this Seturdy Inwurtant or Lenders security kaerest Borrower shall also be in default S Borrower, during the can applic?oIt process gave materially false or inaccurate information or statements to Lender (or failed to provide Lender withany materist itorrnstion) In connection with the loan evidenced by the Nate. sndudig, but not limited to, representations cancient a Borrowers occupancy of he Property as a Principal residence d this Security Instrument a on a leaastnod, Borrower shall wmply won all the provisions of the lease. If Borrower acquires fee tide to the Property, the leaeahnctd and the fee tale shad not merge unless Larder agrees to the merger In writing 7. Protection of Lenders Rights In the Property. If Borrower fats to perform the covenants and agreements contained In this Security Instrument, or there is a ingal proceeding that may significantly affect Lander's rights in the Property (such w a proceeding in bankruptcy, probate, for condemnation or fodelture or to enforce laws or regulations), than Lender may do and pay for whatever Is necessary to protect the value of the Property and Lenders rights In the Property Lender's actions may Include paying any urns secured by a lien which has priority over this Security InstrumnmL appearing In court, paying reasonable anomeys' lees and entering an the Property to make repabs. Although Lender, may take action under this paragraph 7. Lender does no have to do so. Any armoires dlshrsed by Lander under this paragraph 7 sled become atltleloral debt of Sorrower secured by this Security Instrument Unless Borrower and Lender agree to odor terns of payment, these amounts shall bear interest from he date of disbursement at the Noe ate and shag be payable, with interest, upon notice from Lender to Borrower requesting payment. L Mortgage Insurance. ti Lender required mortgage insurance as a condition of making the loam secured by this Security Instrument, Borrower shag pay the premiums required to maintain he mortgage insurance in effect. B, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage Insurance previously In affect, at a cost whstamially equivalent to the cost to Borrower of the mortgage Insurance previously in effect from an alternate mortgage Insurer approved by Lender. If Substantially equivalent mortgage Insurance coverage Is no available, Borrower shall pay to Lender each month a sum equal to ane- einh of the yearly mortgage Insurance premium being pail by Borrower when the insurance coverage lapsed at ceased to be in affect Lander will aocepL use andretain these payments as a low reserve in lieu of mortgage Insurance. Low reserve payments may m longer be required, at the option of Lender, d mortgage insurance coverage (in the amount and for the penod that Lender requires) provided by an insurer approved by Lender again becomes available and Is obtained. Bonower shall pay the premiums required to maintain mortgage Insurance in effect, Otto provide a loss reserve, until the requirement for mortgage Imureme ends In accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or as agent nay make reasonable entries upon and inspections of the Property Lender shall give Borrower notice at the time of or prior to an Inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, dlrw or consequential. In connection with any condemnation or other eking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. PENNSYLVANM-SINGLE FAMILY-FNMA/FNLMC UNIFORM INSTRUMENT 9aaf134UPAGE 193 FORM ]9]99/90 ISC/CM0TPA//Gu1/]0]919-901.L PAGE 3OF6 LOANNO. 600362330 )n the wom of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with any excess pad to Borrower. in the wentof a partial taking d the Property which the fair market value of the Property Immediately before the taking is equal to or greater than the amount of the sums Secured by this Security Instrument Immediately before the taking, undeas Borrower and Lender otherwise agree In writing, the sums secured by this Security InMn ment Shell be reduced by the amount of the proceeds multiplied by the foaowing hacdon (a) the total amain dine sums secured imr edlealy before the taking, dNded by (b) the fair market value of the Property Immediately before the told% Arry balance shed be pas to Borrower In tine went ole partial taking of the Property in which the ak market value of the Property Immediately before the taking Is leas than Or amount of the sums m and immedWely before the taking. ureess Borrower and Larder otheinvles agree In writing or unless applicable law otherwise provides, the proceeds snap be applied to tha sums mound by it= security uarumers whether of nor the SUM are then due if the Property Is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or setae a claim for damages. Borrower falls to respond to Lender within 30 days alter the date the notice Is given, Lender Is aahorized to CONGO and apply the proceeds, at its option, either ro mtmatlon or repair of the Property or to the wens secured by this Security Instrument whether a not then due Unless Lender and Borrower othervASS agree In writing, any ap(dkation of proceeds to principal dell not exited or postpone the due date of the monthly payments referred to In paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Reloaaed; Forbumme BY Larder Not a Waiver. Extension of the time for payment a Borrower a demand made by the algae) Borrower at BarowreYs Mtcceswrs in unrest Any forbearance by under m exeram any right or remedy shall not be a waterer of or preclude the marcW of any rigid or remedy. 12. Succeaaora and Aulgns Sound; Joint and Several Lability; C"Ign . The doveriama and agreement of this Security Instrument Shall bind and bonds the Successors and assigns of Lander and Bamwer. Subject tone Provisions of paragraph 17. Borromes "Wft andgi "be]alit and Security InyBBortowar who mortgage. grant and convey that Borrowers kftrW N the Property under tin terms of the secury Inetrunum; (b) nrt rwremnaav ahloated to aw the sums secured by this Securiy Instrumeta: and (c) assn that Lender and any or tor. Loan Chugaa. If the loan securad by this Security Instrument is subject to a law which ssa madmum loan charges, and roar law Is aejy Interpreted NO that the werest or other loan Charged colacted ato be objected in Connection with the lien exceed the permitted limits, then: (a) any such Ibsen charge shall be reduced by the amour necessary to reduce the charge to the parmMed limit: and (b) any sumo already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make tins refund by reducing the princlpel owed under the Now a by making a direct payment to Borrower. 0 a rotund reduces principal, rte reduction will be treated Sm a penal prepayment without any prepaymem charge under the Now. 14. Noticaa. Ay notice to Borrower provided Sur in this Security Instrument slue be given by dNNadng it or by Madrid it by first dam mad unless applicable law required um or another method. The notice shall be directed to the Propey, address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by jrst class nap to Lender's address stated herein or ay Other address Lander designated by notice to Borrower. Any ndtke prwded for in this Security Instrument shell be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severabily. This Security Instrument shall be gwemed by federal law and the law of the junsdktlon In which the Property a located In the went that any provision or clause of this Security Instrument or the Note coMkts with applicable law, much conjkt shell not affect other provisions of this Security Instrument or the Now which can be given eject without the confPkting provision To this end the prwlNons of this Security Instrument and the Note are declared to be mweraole to. Borrower's Copy. Borrower shag be given one conformed copy of the Note and of this Sects iy Instrument 17. Transfer of the Property W a Beneficial Inmost in Borrower. fall a ay pen of the Propey orarty Interest in a Is sold or transferred (or lt a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, under may, at is option, require Immediate payment in full of all sums secured by this Security Instrument. However. this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lander shall give Borrower notice of acceleration The notice shall provide a period of not less than 30 days from the date the notice Is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument If Borrower ads to pay them sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower PENNSYLWUdIA-SlNGU FAMILY-FNMA/FNLMC UNIFORM INSTRUMENT FORM=99/90 ISC/CMOTPA/10]61/3039(L90)-L PAGE<OFd Bpdd13407pgE J94 LOANNO 600361311 19. Borrower's Right to Reinstate. It Borrower meets certain condalons. Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of. (a) 5 days (or such other period as applicable law may Spacyy for reastatement) before safe of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment arforaing this Security Instrument Those condblona are that Borrower: (a) Pays Lender all sums which then would be due under this Security Instrument and the Note as y no acceleration had Occurred. (b) cures any default of any other covensrns or agreamants, (c) pays all expenses incurred as Lea Wry meh'rae? Instrument uWudell, but not limned to. reasonable agars-I fee-; and (d) ---action Borrowers.. , obligation eddy require to assure flat the lion of this Security Immurnent Larder's rights in the Property and batlon to pay the sums secured by this SecuM' inelmrmnt shell colronoa unchanged Upon reinstatement by Borrower, this Security Instrument and the abllgetlona secured hereby shall rennaln fully effective as it no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Selo of Nair, Change of Loan Servltw. The Note or a pnotal Intimse In the Note (together with this Security Instrument) may be said one or more Times without prior notice to Borrower. A sale may result in a change in the emly (known as the'Lum Serviced that collects monthly payments due under the Note and this Security Instrument. There ervkmyr, Bormwerwla mdtango o the Loan Sarvner unrelatedo a sale o the Note If there lo a change d tit loan law The none will state dog remit written noticed the change In accorclance with and address o rem, Loan Servio r and the paragraph to 14 shove and applicable payments should be mottle. The notice will also contain any other Information required by applicable law which 20. Haardow Substanim, Borrower shall no cause or permit the presence, use, disposal. storage. or release of my Hazardous Property Substances an or N tit Property. Borrower shall rot do, nor allow anyone gee o do. anything corig that Is M vlofatlorl d any Embonmenal Law The preceding two sentences shall not apply to the presence, use, or storage on the Property of small guand les of Hazardous Substances that are eramll recnized to be appropriate to normal rwidemlol uses and to maintenance of the Property. 9 Y o9 Borrower shad promptly give Lender written notice of any Investigation. Claim, demand, lawsuit of other action by any govemmerad or regulatory agera:y w private party Involving the Property and any Hazard" Substance or Environmental Law of which Borrower has actual knowledge If Borrower leans, or Is notined by any governmental or regulatory authority. That any removal or other remedha on of any Hazardous Substance affecting the Property Is necessary' Borrower They promptly take all necessary ranadal actions In accordance with Emironmerew Law. As used In this paragreph 20, 'Hazardous Substances' are those substances defined as toxic or hazardous substances by Em ndrrmantal Law and the following substances, gasoline, kruca e, other flammable air toxic petroleum products. toxic peaypides and herbkoes, volatile solvents, materials containing asbestos or formaldehyde. and redoactwe malenals As used In this paragraph 20,'Envlronmental Law' means federal Jews and lam of the jurisdiction where the Property is located that relate to health, safety a ervironner al protection NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as fodows: 21. Acceleration; Remedies. Lender ahall give notice to Borrower prior to acceleration following Borrower's breach at any covanam or agreement in this Security Instrument (but no prior to acceleration under paragraph 17 unless applicable law provides otherMsa). Lender shall notify Borrower of, among other things: (a) the the ef cult; M)thaction required to cure the default; (c) when the deauy must be cured; and (d) That allure to cure d specified nay mw In acceleration of the sums secured by this Security Info rpmal foreclosure by Judicial proceeding and sale of the Property. Lender shall further Inform Borrower of the right to minaste other acceleration and the right to assart in the foreclosure prooaedhlg the non-existence of a default or any other defame of Borrolwr to acceleration and foreclosure. If the default Is no cured as specified, Lender at la option may require Immediate payment In full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by Judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedae provided In this paragraph 21. Including, but not limited to, attomay t' fen and cogs of thla evidence to the edam permitted by applicable low. 22. Release. Upon payment of all sums secured by this Security Instrument, this Secuiy Instrument and the estate conveyed shall terminate and become void. After such Occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any retardation costs 23. Waivers. Bonower, to the seem permtod by applicable law, waives and releases any error or defects in proceedings to enforce this Security instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, mansion of time, exemption from attachment, levy and sale, and homestead exemption PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENTyy011340PA5E 195 ISC/CMPTPA//6191/3N9(y )-L PAGE S OF6 FORM ]eJ99/90 ?< LOAN NO. 6 0 0 3 6 2 3 3 0 24. Reinstatement Period. Borrowafs time to reinstate provided In paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Securiy Instrumem Is lam to Borrower to acquire tale to the Property, this Secluily Instrument shall be a purchase money mortgage. 2& Interest Rats After Judgment. Borrower agrees that the Interest rate payable after a Judgment is entered on the Note or in an action of mortgage foreclosure stall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are execued by Borrower and recorded together with this Sgcunty Instrument, the covenants and agreements of each such rider shall be Incorporated into and stall amend and supplement the covatants and agreements of this Securay instrument as 9 the rider(s) ware a pan of this Securny Instrument (Check applicable box(es)) ?Ad)usable Rate Rider ?Condominium Rider ?i-4 Family Rider ?Graduated Payment Rider ?Plannad Una Oavelopmem Rifer ?Biweekly Payment Rider ?Balloon Rider ?Rate Improvement Rider ?Second Home Rider 90thea s) [specify]-'8l BY SIGNING BELOW, Borrower accepts and agrees to the terns and covenants contained in this Securty Instrument and in any rider(s) executed by Borrower and recorded with it. Wftnessee Iseu) ewe..r KENNETH R 61850X eeln?...l) Socal Security Number 1 5 1- 5 6- 5 0 5 0 A'YIQ A / / /`.1' l.C)•A? Isael PAMELA A 5185 I a? Social Security Number Social Security Number l 6 a- 6 0- 0 5 6 5 -.. ? (SAN) Social Security Number I.L. PAT AWNOW1MgnMIMI Cartmcate of Re Id!l f, 711 /! L - ?d " S do hereby candy that the correct address time within-named Mortgagee is 2600 Y gig Beaver RE Troy MI 48004 Wtneaa my hand this 7gY2k. day of y?u-Q6cs?, 144L 6,p•ka "` e9ee COMMONWEALTH ?.?,PE?NNSYLVryI.,N,I,A,,,^ County as: On this, the Z?T-say of s`1•AP4? l qQ?/ , before me, the undersigned officer, personally appeared KENNETH R GIBSON, and PAMELA A GIBSON, HUSBAND & WIFE known to me (or satWactordy proven) to be the person s whose name . subscribed to the within instrument and acknowledged that x n . y executed the same for the purposes here) comainetl. Ae rill jam".. ' ^a IN WITNESS WHEREOF, I hereunto set my hand and omicial seal My Commission expires NCWW a" Mal L Mate. N "Y nuhlb Title Of CMwr ? ,:n: i? ^? NMrpsb Ti Cwleruna e0unty :....,?. J hF}y,+'•: My Comm "W E.alb Feb. to 1998 gtmee,fr.,A?aro 800d340PAGE 196 PENNSYIYMN SINGLE FM4ILY-FNN /FNLMC UNIFORM INSTRUMENT FORM 30099/90 ISC(CMOTPA//09etJ003at9i01-L PAOE 6 OF6 ALL THAT CERTAIN tract of land located in West Pannsboro Township, Cumberland County, Pennsylvania, known as Lot No. 3 Plan of D 6 M Acres, more particularly bounded and described in accordance with the survey of Douglas S. Srehm, R.P.L.S.. dated September 26, 1985, as follows; BEGINNING at an iron pin set in the northern dedicated right-cf- way line of the Pennsylvania Routs No. 641, L.R. 21091; thence North 00 degrees 36 minutes 06 seconds West, 370.76 feet to an iron pin; thence along lands now or formerly of Lee K. rInkenbindar, South 83 degrees 29 minutes 44 seconds East, 109.00 feet to an iron pin; thence along the western line of Lot no. 2, South 00 degrees 06 minutes 19 seconds West, 352.78 feat to an iron piny thence along the northern right-of-way of said road, South 86 degrees S3 minutes 48 seconds west, 103.91feet to an iron pin the place of BEGINNING. CONTAINING 0.881 Acres and being all of Lot No. 3, Plan of D i M Acres, Plan Book 48, Page 86. SAID LOT BEING part of the same premises which Douglas S. Brehm and Melissa A. Brehm, husband and wife, by dead dated April 17, 1986, and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 31 Volume "V" Page 644, granted and Conveyed to Albert J. Deitch, Grantor herein. PREMISES ON: 2147A NEWVILLE ROAD VERIFICATION RODNEYFEM hereby states that he/she is Assistant Secretary of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action are true and correct to the best of her 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 unswom falsification to authorities. DATE: -7?LZ' R 06N F sistant Secretary ? FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff V. KENNETH R. GIBSON PAMELA A. GIBSON 6500 WEST OLIVE AVENUE, APARTMENT 141 GLENDALE, AZ 85302 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "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. ** 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 t'.ie 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION Y f Qqn 2 LIB r ERTY AVENUE ' ht + ( C2r`ti [? B CARLISLE, PA 17013 {thin to be a true -and (717) 249-3166 u^ 1 rr:? TRUE COPY FROM RECORD ??-- _ -? A,? L, In Tesdmony whereof, I here unto set my hand y and the seal of said Cou at Carlisle Pa. Y ` , This ;T_z? ay f Loan 4; 5800818616 Pro honotary- COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. p 2 //0.13` ?! U r C ??ILh CUMBERLAND COUNTY 1 _ 1?il+iJ;is i'T ri _ Lr P PLEASE PE IJPPII FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 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 CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY KENNETH R. GIBSON PAMELA A. GIBSON 6500 WEST OLIVE AVENUE, APARTMENT 141 GLENDALE, AZ 85302 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **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. ** 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION nertify (lQ 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan u: 5800828616 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. Plaintiff is CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: KENNETH R. GIBSON PAMELA A. GIBSON 6500 WEST OLIVE AVENUE, APARTMENT 141 GLENDALE, AZ 85302 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 8/28/96 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to STANDARD FEDERAL BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1340, Page 191. By Assignment of Mortgage recorded 6/30/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 551, Page 138. 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 4/1/02 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. 6. The following amounts are due on the mortgage: Principal Balance $62,819.69 Interest 1,888.04 3/1/02 through 8/1/02 (Per Diem $12.26) Attorney's Fees 1,225.00 Cumulative Late Charges 265.77 8/28/96 to 8/1/02 Cost of Suit and Title Search 550.00 Subtotal $66,748.50 Escrow Credit 0.00 Deficit 180.91 Subtotal 180.91 TOTAL $66,929.41 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. This action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $66,929.41, together with interest from 8/1/02 at the rate of $12.26 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. FEDERMAN AND PHELAN, LLP By: s./ Francis S. Hallman FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff AFTER RECORDING MAIL TO ''r, standard Feae ral Bank C Or: D_d OY"DEEDS 2600 V Big Bearer Ad r, U'.: 3 L A:: C COU N TY - T ray, MI A808a ,96SEP,6 PIS 3 58 060 a36?33-0 I I LOANNO 600362330 Iswce asen a Thm, LM Par Recordhg NMI MORTGAGE THIS MORTGAGE ('Security Instrument is given on A u 9 u a t 2 B, 1 9 9 6 The mortgagor is KENNETH R GIBSON. and PAMELA A GtBSON, HUSBAND 6 VIFE (Borrower). This Security Instrument is given to Standard Federal Bank. A Federal Savings Bank. which is organhed and exlazing under the laws of T h e U n i t e d States of Amer ice . and whose address is 2 6 0 0 Y B i g e a a r a r Rd . Troy, NJ 48084 ('Landee) BorrOwar owes Lender the prindpal sum of Eighty Four Thousand o a 11.11 s ad n./100 Ddlan (U.S. $ e A , 0 0 D o 0 ) This debt Is evidenced by BOMCAM 'a note dazed the same date" this Security Instrument CN01e1, which provides for monthly payments, with the full debt. J not pad earner, due and payada on S a P t A e to e r 3, 2 0 1 1 This Seuulty Instrument secures to Lander: (a) the repayment of the debt evidenced by the Note, with Interest, and all renewals, extenabns and modMkatlons of the Note. (b) the pay nerd of as other sums, with interest, advanced under paragraph 7 to protect the security of this Secuny Instrument; and (c) the performance, at Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and co way to Londer the following described property located in C U M B E R L A N D County, Pennsytvaola- ITEM1 16070 d 75010 which has the address of 21 a 7A NE VV IL LE R0 CA Rt r S L E IS tie) @trl Pennsylvania 17013 ('Property Address, (zP Codel TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a pert of the property All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to In this Security Instrument as the'Property.' BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT 860N1340PAGE 1Jl 01 FORM =99/90 ISC/CMOTPA//Q39t/30sM 9o1-L PAGEI OF IT LOANNO. 600362330 . THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-untrorm covenants whh limited variations by jurisdiction to constitute a uniform security Instrument covering real property UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and Interest an the debt evidenced by the Note and any prepayment and late charges due underthe Note 2. Funds fa Taxes and Insurance. Subject to applicable law or to a written waiver by Lender,Boo n r shall p to Lender on the day monthly payments are due under the Noe, until the Nita 4 pald In 1 a sum veadv axes and assesamares which may atlaln priority war this Security Instrument as a Iren an the Property, (b) yea leasehold paymems or ground rams on the Property. N any, (c) Yearly tlaard or properly Inelaama9 premiums: (d) yearly flood memince premiums, N any, (e) yeah mortgage Insurance premhtms.'d arty, and (1) any sums payable by Borrower to Lander. In accordance with the provisions of pam mph & in feu of the payment of mortgage km CO premiums. These sema are called Escrow fem L* Lander may, at any time. collect and hold Funds M an amount not to exceed the ma3dmtan amount a lender for a federally related mortgage loan may require for Borrowers escrow account under the federal Real Estate Settlement Procedures Ail of 1974 as amended from time to tkrre, 12 U.S.C.. a 2601 at seq. ('RESPA-), unless another law Out apples to the Funds sets a better amount It am Lander may, at any time. collect and hold Funds in an amount not to exceed the lesser amount. Lander may estimate the amount of Funds due on the bash of cuarant data and neeonable estimates of s>ctiendaures of future Escrow Items a otherwise in accordance with applicable law. The Fade shall be held in an radiation whose deposits are insured by a federal agency, Nartanama dfty, or amity, (including Larder, N Lander Is such an Insthutlonj or In any Federal Home Loan Bank Lefler staff apply the Funds to pay the Escrow Items Lands may not charge Borrower for holding and aplYk g the Funds aasNy aalyring the Bsorow account er vatyslQ the Eschew Items U le s Lender pays BaRUwie intersY on the Fade and sociable low permits Lender to make such a charge However, Lards may require Borrower to pay a one4kne charge for an Independent had estate tit[ reporting service used by Lander In connection with the loan, unless applicable Low and Lander prudes otNinneBorrower s Unless an agreement Is Trade ar m the Fume. applicable law requires interest to be paid. me in Lander shah not be Interest sWl be paid o on the Funds LL shall give to Borrower, with Borrower out charge, any annual account g ng of t thee. required to that I Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Furls are pledged as addWoid security for all sums secured by this Security Instrument. N the Funds held by Lander exceed the amounts permitted to be held by applicable law. Lander shat account to Borrower for the excess Rods in accordance with tit requirements of applicable law. If the amount of the Funds held by Larder at any time Is no sufklent to pay the Escrow Items when due. Lander may so notify Borrower In writing, arid, in such asa Borraver SNa pay to Lander the amount necessary to make up the deficiency. Borrower shell make up the deficiency In nol more Iran twelve mornhiy payments at Landers sole dhcration. Upon payment In full of all suns secured by this Security Instrument, Lender Melt promptly refund to Borrower any Furls held by Lender. If, under paragraph 21, Lender stall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, scud apply any Funds hold by Lender at the time of acquision w sale as a credit against the sums secured by this Security Instrument 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Larder under is payable paragraphs t and 2 shag applied: lidue. ne fourth, any to ?ym due ag ed del [o nager Lai of : awned, to a oun a paragraph nt PNrc el Y g 4. Charges; Liens Borrower shall pay an tastes assessments charges. fines and impoaflonal attributable to the Property which may attain priority over this Security Instrument and less s hold payments or ground rents, it any Borrower shall pay these otlya0ca in the manner provided in paragraph 2, o N not paid In that reamer, Borrower shall pay them on time directly to the person owed payment Borrower stall promptly banish to Lander all ncuces of amounts to be paid ceder this paragraph. N Borrower makes these payments directly, Borrower shall promptly furnish to Larder receipts w dencing the payments Borow er shag promptly discharge any lion which has priority over this Security instrument unless Borrower (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lefler, (b) contests in good faith the lien by. or defends against enforcement of the lien in, legal proceedings which In the Lenders opinion operate to prevent the eNorcemMt of the lien; or (c) secures from the holder of the Ilan an agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any par of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien Borrower shall satisfy the lien o take oil or more of the actions sit forth above within 10 aye of the giving of notice 6. Hoard er Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards Included within the terrn'exterded coverage and any other haTads. including floods or flooding, for which Lander requires insurance This Insurance shag be maintained in the amoums and for the periods that Lander requires The insurance Cartier providing the Insurance shell be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld If Borrower falls to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lenders rights in the Property in accordance with paragraph l PENN5nVANtJ-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT (?r? FORM 39099/90 ISC/CMOTPA//0091/30i913M111 PAGE2OF6 E00L1340?AGE 192 LOAN NO. 60 o 3 s z no Al insurance policles and renewals shall be acceptable to Lender end shall kcJUde a.Standard mortgage clause. Lancer shall have the right to hold the policies and renewals If Lender requires, Borrower shag promptly give to Lender all receipts of paid premium and renewal notices In the event or loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss If not made promptly by Borrower Unless Lender and Borrower otherwise agree In writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, tithe restoreton or repair Is economically feasible and Lender's security Is not lessened. If the restoradon a repair is not economically feasible a Lender's security would be lessened, the insurance Proceeds shall be applied to the sums secured by this Security Instrument, whether or not than due, with any man paid to Borrower. It Borrower abandons the Property, ordoes not answer within 30 days a nonce from tender that the insurance carder has offered to settle a claim, then Lender may collect the insurance proceeds Lender may use the proceeds to repair or COMM the Property or to pay sums soured by this Security Instrument, whMlar or not then due The 30-day period will begin when the notice is given. I Iwlwww r enter wM Renewer Mherwise sense I. writlne. anv mOlication of orocireds to orlncloal shall not extend or payments. It under paragraph 21 the Property Is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting hen damage to the Property prior to the acquisition shall pass to Lender to the eiders of the sums secured by this Security Instrument Immediately prior to the acquisition a. Occupancy, Preservation, Malmartenoe and Protection of the Property; Borrower's Loan Application; La00sholds. Borrower shall occupy. establish, and use the Property m Borrower's pdncpal residents within ably days after the azectalon of this Security Instrument and shall continue to occupy the Property as Borrower's phrdpal residence for at lase[ one year after the data of occupancy, unless Lender otherwise atNNS in writing, which consent shad not be unreasonably withheld, or, unless esenuating circumstances exim which are beyond Borrower's owed Borrower shall not d?troy? damage or impair the Property, slow the Property to deteriorate, or corrunft waste on the Property. Borrower s ag bit I n d eleuk M any orhdnae action err proceeding, whether chill or crlmNal. Is begun dealt In Lender's good faith judgment could result in forfeiture of iha Property cr otherwise matma1y immlr the Ilen created tn this Security In itrumentorLanders sourffy nderest. Borrower may cure such a default and netste, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that. in Landers good faith determination. oretludes fodNwre of the Borrower's i tardl in the Property or, other material bnpebmam of the lien loan applkation process. gave matedally false a Inaccurate Information or statements to Lander (or failed to provde Lender %van any materiel Irtormellon) in connection with the loan evidenced by the Note. including. but not limited to. representations concerning Borrower's occupancy of the Property as a principal residence B this Security Instrument IS on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee tills to the Property, the leasehold and the fee ude shall not merge unless Lender agrees to the merger In writing 7. Protection of Lander's Rights In the Property. If Borrower fags to perform the covenants and agreements contained In this Security Instrument, or there Is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forlelture or to enforce bare or regulations). than Larder my do and pay for whatever Is necessary to protect the value of the Property and Lender's rightsin the Property Lenders actors may Include paying any sums secured by alien which has poorly over this Security instrument, appearing In coin, paying reasonable attorneys' fees and enuring on the Property to make repair Although Lender may take action under this paragraph 7, Lender does not have to do W. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower Secured by the SecurityInstrument Unless Borrower and Lender agree to other terms of payment these amounts shall bear Interest from the date of disbm mom at the Note ate and shall be payable, with mterM upon notice horn Lender to Borrower requesting payment S. Mortgage Insurmem. If Lender required mortgage insurance as a condition of makbq the loan secured by thL Security Instrument, Bonowitr shall pay the premknms required to maintain the mortgage Insurance In WOOL If. for any reason, the mortgage Insurance coverage required by Lender lapses or ceases to be In effect, Borrower shall pay the mortgage Insurer approved by Lender. N substantially equivalent mortgage insurance coverage Is not available, Borrower shag pay to Lender each month a sum equal to ane-twelfth of the yearly mortgage Insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect Lender will accept use and retain these payments as a loss reserve in lieu of mortgage Insurance. Loss reserve payments may no lager be required, at the option of Lender, g mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and Is obtained. Borrower shall pay the premiuma required to maintain mortgage Insurance In effect, a to provide a loss reserve, until the requirement for mortgage Insurance ends In accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property Lender shall give Borrower notice at the time of or prior to an Inspection specifying reasonable muse for the inspection. to. Condemnation. The proceeds of any award or claim for damages. direct or consequential, in connection with any condemnation or other taking of any pan of the Property, or for conveyance in Ileu of condemnation, are hereby assigned and shall be paid to Lender. PENNSYLVANIA-SINGLE FMIILY-FNMA/FNLMC U NIFORM INSTRUMENT SCOK 40PA0E 193 FORM ]end 1/1 ISG/CMOTPA//=1/80.19(?ea)-L PAGE 3 0F8 LCANNO, 600362330 Jn the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Insvument, whether or not then due, with any excess paid to Borrower. In the event of a partial biking of the Property Ir which the fair market value of the Property immedistely before the taking is equal to or greater than the amount of the sums secured by this Security Instrument Immediately before the taking, unless Borrower and Lender otherwise agree In writing, the sums secured by this Security Instrumen Shall be reduced by the amount of the proceeds multiplied by the following fraction (a) tie total amours ache sums secured Immediately before the taking, divided by (b) the fair market value of the Property Immediately before the taking. Ay balance shall be pall to Borrower In tie evare a a partial taking of the Property in which the fair trinket value of the Property Immediately balm the taking is less than the amount of the sums secured Immediately balm the taking, unless Borrower arty Lender otherwise apprraase In writing or unless applibabie law cthenviss provides, the proceeds shell be applied to the sums secured by this Security Instnanem whether or nick the sums are then due M the Property is abandoned by Borrower, or If, after notice by Lender to Borrower that the condemnor offers to make an award or settle a Claim for damages. Borrower falls to respond to Lender whin 30 days alter the date the notice is given, Lender Is authorised to ccaect and apply the proceed4 ar Its option, euher to reataatbn or repair of the Property or to the sums secured by this Security Instrument whether a not then due unless Lander and Borrower otherwhei agree In writing, any application of proceeds to principal yell not sidend or postpone the due dye of the monthly payments referred to In paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Na Released; ForbNnnce By Lender Na a Waiver. E3denalon of the time for payment or modification of amortiratlen of the sumo secured by this Security instrument {ranted Lender to any successor In Interest of Borrower and not operate to release the liability of the original Borrower or a sucCeuors in [merest. Lander shag not be required to Ogrmmtardaprac eedutga agates any successor N We~ a refuse to extend time for payment or otherwise modify amortization of the sums secured by tons sewmy fngu m ntby sewn a uayry demand made by the original Borrower or Borrower's successions In interest Ay forbearance by Lenderin exerWing any right or remedy yell not be a walver of a preclude the exercise of any right a remedy. 12. Succu s care and Assigna Bound; Joint and Several Liability; Co-signers. The covenants and agrsemems of this Securay Instrument shag bind and benat the succeason and asslpm Of Lender and Borrower, subject to the provisions of paragraph 17. Somrwe's covenants and agreements shag be joint and several. Any Burrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signlrg this Sepuray Instnnnem only to mortgage, gram and Conway that Barowe's Interest In the Property under the term of this Security Instrument (b) Is not personally cbipated to peely the sums secured by this Security Instrument; and (c) agrees get Lender and any other Borrower may ages to adend. modify, forbser or make any accommodations with regard to the term of this Security Instrument or the Note without that Bonowees comer 13. Loan Charges. If the loan secured by this Security Imtrtanert is subject to a haw which sets maxImum loan charges, and limit law is finally I teryryed w that the Interest a other loan charges collected a to be collected in connection with the low mood the permitted mnh4 then: (a) any such loan change yell be reduced by the amr3am naceuay, to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limb will be refunded to Borrower. Lender my choose to make this refund by reducing the principal owed under the Note a by rrakltg a direct payment to Borrower. II a refund reduces principal, the reduction will be treated as a partial prepayment withour any prepayment charge under the Note. 14. Nodose. Ay notice to Borrower Provided for In this Security Instrument shall be gNan by delivering a a by mailing it by first ease mall unless applicable law requires use of another method. The nonce yon be directed to the Property Address OF any odor address Borrower designates by notice to Lender. Any notice to Lander SW be glen by first class man to Lenders address stated heroin or any other address Lender designates by notice to Borrower. Any nuke provided for in this Security Instrument gall be deemed to have been given to Borrower or Lender when given as provided In this paragraph, IS. Goveming Law, Severability. This Security Instn rnam shall be govemed by federal law and the law of the jurisdiction In which the Property is located In the avant that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall rmt affect other provisions of this Security Instri ntam tithe Nag which can be given ~without the conflicting provision To this end the provisions of this Security Imtrumem and the Note are declared to be severable its. Borrower's Copy. Borrower elan be given one conformed copy of the Note and of this Security Instrument 17. Transfer of the Property a a Beneficial Interest in Borrower. [fall orany part a the Propery or any Interest in 4Is sold or transferred (or it a beneficial interest In Borrower is said or transferred and Borrower is not a natural person) without Lender's prior written consent Lender may, at its opflon, require Immediate payment In hull of an sums secured by this Security Instrument However, this option shall nor be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option. Lender shall give Borrower notice of acceleration The notice shall provide a period of not less than 30 days from the date the notice Is delivered or mailed within which Sorrower must pay sil sums secured by this Securer Instrument If Borrower lairs to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower PENNSYLVANIA-SINGLE FAMILY-FNfM/FHLMC UNIFORM INSTRUMENT FORM =9 9/10 ISC/CMOTPA//0391/9Gt0(W90LL PAGE 4 OFe 860)(1390PACE :L94 LOAN NO 600362330 Is. ecrrower's Right to Reinstate. it Borrower meets certain conditions. Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time Prior to the earlier of. (a) 5 days (or much other period as applIcable law may specify for namni mmi) before Sole of the Property pureuarn to any power of sale contained In this Security Insnument; or (b) entry of a judgment enforcing this Security Instrument Those condsions are that 80rr w (a) pays Lender all sums which then would be due under this Security Instrument and the Note as If no acceleration had occurred, (b) cures any default of any ether covenants or agreements, (c) pays all expenses incurred In euforc ngThls Security Instrument, including. bin not limited to. reasonable aaomeys' fees; and (d) takes much action as Lender may memorably require to mum that the lien of this Securav irutrumenr 1 .,.Hn?. H..w,......_ o.___... nc __.._.......„.,a,..,,,,r,,-,,,n,It w9 me oalgauche secured hereby Shall remain fully effective ass Paragraph h 17. 7. had occurred. However, this right to reinstate shall not apply in the case of acceleration under la. Sob of Note, Change of Loan Sarvicer. The Note or a partial interest in the NOW gogether with this Security Inat writers) maybe add one or more times without prior notice to Schomer. A sale may rewh in a change in the entry (kno`wt a the'L.o in Servk:eo that collects -TWy payments due under the Note and this Secu Instrument There also may be tame or more changes of the Loan Seevk er unrelated to a sale of the Note If them In a dsrge of the Loan Servker, Borrower will be gMen when notice of the flange In accordance with paragraph 14 above and applicable law The notice will state the came and address ohee new Loan SerNcer and the address to which payments should be made. The notice will also contain any other Information required by applicable law 20. Hazardous Subalamces. Borrower shy not cause or permit the presence, use, disposal. storage. or release of any Hazardous Substances on or In the Property. Borrower shell not do, nor slow anyone else to do, anything affecting the Property that Is in violation of any Environmental Law The preceding two sentences shall not apply to the presence, use, or storage on the Property or small quantities of Hazardous Substances that are recognized to be approphate to nomal residential uses and to meinterlance of the Properly. generally Borrower stall promptly give Lender written notice of any Investigation, claim, demand lawsult or other action by any governmental or regulatory agency or private parry Involving the Property and any Hazardous Substance or Emecnmsmal Law of which Borrower Iw actual knowledge N Borrowx ImM m b ndMed by any govemmemalw regulatory authority, Mat any removal or athe remedlafim of any Hazardous Substance affecting the Property Is necessary, Borrower shy promptly take all necesam remedial actions in accordance with Environmental Law. As used in this po agraph 20. 'Hazardous Substances' are those substances defined as todc or hazardous substances by Environment Law and the following substances' gasoline, keropna, other flammable or taxlc petroleum products, tOdC pesticides and harbickdes, volatile solvents. materials containing asbestos or formaldehyde, and radioacirve materiels As used In this Paragraph 20. "Environmental Law' memo federal laws and laws of the jurisdiction where the property is located that relate to health, safety or environmental protacbm 17 unless applicable law provides Whsrw detaun: (b) the action raquhsd to Cum the the default as specified may result in am by Judicial proceeding and rib of the pro attar accaleret on and the right to snort L dNenn of Borower to acceleration and 1 may require Immediate payment in full of and may foreclose this Security Instrumel expenses Inatrmld in pursuing the romedl ahomaya' fen and costs ottme evidence axbnt tan the default mum suits secured bye shag further Inform be Behavior's Oaf raph sure to cute xedosure minstats or any other at its Milan rdemand all to, 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminah and become void. After such occurrence. Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs 23. Waivers. Borrower, to the extent permitted by applicable law, walves and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and safe, and homestead exemption PENNSYLYA //=1Hd1E FnMILY-FMMn/FHIMC UNIFCAM INSYRUNE eanf1340racE j95 FORM 00.19 2/90 ISC/cMdrPp//Q'at/saJe19-sal-L PpGESCF 6 NON-UNIFORM COVENANTS. Borrower and Lender further cove ent and agree as follows: 21. Acceleration; Rsmedles. Lender sfta0 glw nice to Borrower Priorfo ecceleratlon Ich of any comment or agreement in this Security Inswumnt (but not prior to &com mit A LOAN NO. 6 0 0 3 6 2 3 3 0 24. ReInstatemant Period. Borrowers time to reinstate provided in Paragreph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pummm to this Security Instru [me I 25. Purchase Money Mortgage. If any of the debt secured by this Securty Instrument Is lent to Borrower to acquire Idle to the Property, this Security Instrument shall be a purchase money mortgage. 2B. Imarest Rate Rider Judgment. Borrower agrees that the Interest rate payable attar a Judgment is entered on the Note or in an action of mortgage foreclosure shell be the rate payable from time to time under the Note. 27. Riders to this Security InabunMnt. Bane or more riders are execued by Borrower and recorded together with this Security Instrument, the oovenanta and agreements of each Such rider and be incorporated Into and shall amend and supplement the covenants and agreements of this Security Instrument as t the rider(s) were a pan of this SecurtylnstnPnem (Check applicable box(ii ?Adjusfable Rate Rider ?Condominium Rider ?1- Family Rider ?Graduated Payment Rider ?Planned Unit Development Rider ? Biweekly Payment Rider ?Balloon Rider ?Rate Improvement Rlder ?Second Home Rider QrOthar(s) (5pai lf 6`-t BY SIGNING BELOW, Borrower accepts and agrees to the teens and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with 2 Wtnesses- • vG cam. //fj.??? ME ern E TN R 6 Ie50R y:$OV) x ?• " " -" Social Secur(t?y Number 16 I - 5 6 - 5 0 6 0 1 (? 1&eIl ! 1 t ?-?.l lb//" X (.(?m'1 15eY) amw? F A M E L A A G 1 5 5 x Social Secudly Number Social Security Number tab - S o - A 5 G 5 Social Security Number 15pAee bbN lhle IIM For ACknwee4gmaml Cadiliwte of R Iden 1, 7111 ycsG . ps"/, 5 , do hereby cedify that the correct address of the within-named Mortgagee is 2 G 00 Y 9119 Bearer Rd Troy MI as 0a4 Wtneaa my hand this Zgyy? day of q?.s?, (946 ?? COMMONWEALTH?uF?PENNSYLpVn,NIA, C ^"`'L E?Mf+` County ea: On this, the ; * day of A' tf, O '? 1QQ(/ , before me, the undersigned officer, personally appeared KENNETH R G1 a SOX; and PAMELA A GI 8 S0 N, NO Se A N 0 a VIFE known to me (or satisfactorily proven) to be the person s whose name s subscribed to the within Instrument and acknowledged that t h e y executed the same for the purposes In rei contained. "" IN WITNESS WHEREOF, I hereunto set my hand and official heal My Commission expires Z ?l(i •Q? ?. !f/!KX! .+!. 'n i 40 =16AP t" y(MM-•.,pJ •h4`,y+ M.PeeKPe..,R.wA.nwlmnaexe Bo3x1340FRcE 06' PENNSYLVAML MNGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT - FORM =99/N ISC/CMGTPL//o3e1/50-'1919 J04L PK.ESOFa ALL THAT CERTAIN tract of land located in West Pannsboro Township, Cumberland County, Pnnsylvania, known as Lot No. 3 Plan of D 6 M Acres, more particularly bounded and described in accordance with the survey of Douglas S. Brehm, R.P.L.S., dated September 26, 1985, as follows: BEGINNING at an iron pin set in the northern dedicated right-cf- way line of the Pennaylvania Route No. 641, L.R. 21091; thence North 00 degrees 36 minutes 06 seconds West, 370.76 feet to an iron pin: thence along lands now or formerly of Lee R. Minkenbinder, South 83 degrees 29 minutes 44 seconds East, 109.00 feet to an iron pin? thence along the western line of Lot No. 2, 'South 00 degrees 06 minutes 19 seconds West, 352.78 feet to an iron piny thence along the northern right-of-way of said road, South 86 degrees 53 minutes 48 seconds west, 103.91-feet to an iron pin the place of BEGINNING. CONTAINING 0.881 Acres and being all of Lot No. 3, Plan of D i M Acres, Plan Book 48, Page 86. SAID LOT BEING part of tha same premises which Douglas S. Brehm and Melissa A. Brehm, husband and wife, by dead dated April 17, 1986, and recorded in the office of the Recorder of Deeds for Cumberland County in Deed Beck 31 Volume 'V^ Page 644, granted and conveyed to Albert J. Deitch, Grantor herein. PREMISES ON: 2147A NEWVILLE ROAD VERIFICATION RWNEY FETTY hereby states that he/she is ASSistint Soaetary of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action are true and correct to the best of her 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: R G' . NEY F sistant Secretary U O W O WW Q -? C?C? WL - G? ? C U.. ?- o ti LL) W r n v l: N p D.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY ) CIVIL ACTION vs. KENNETH R. GIBSON PAMELA A. GIBSON CIVIL DIVISION NO. 02-4022 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY hereby verify that on 10/16/02, 12/6/02 & 2/3/03 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 10/16/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: February 4, 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '? -i n o ? w c W N p ?O Do J O? y a? . o ? (D o w ?J y CD a - z ? ?3 cr °o oro ? ?o b r ? y _ yy ? y m `o .° w r w oa C to ?"? N f9 y 9k x Z > x x c a iF G7?IC d O? O???+N Z CD"i7 r" o > (=j CL7 z??tGZ CZozyZ ° rC2itO d?ror? r?r r ? ab y y z OR a 00 w?O>v?i Z ? ??? box Nzo coao?,o arr z r?z?zoz a -cn ? b? x ? ? o wN r 7 > .? 0Y y y b a ii rn y 4. b b A r ? p N 0 to w 0 N b 79 i - 4?'\ LL j Q. -4 = ':4' v?a3 o e " m -, a L b ?zyy? ?o z a?b DxJ? r 0 ~a? 0 A V] r? y A O O A o n ro C„ z N _. e 3 a ? A cr ?e o ?n ^ 0 c tT, c e bA o n w rro o m ? N A A ro z ? o k F yam w 3 A 0 A n A o• 00 C@o 3y 3 k, c m• h A y3?c3? c A o e ? B ? e 3 c• _.cy^ am - ee S A m m 3 ? m < `< c c ?e m ocmr3 :;Q•c o ? p A o ? •o y c = _^ y b W N 3 a , .C d ? O .? S C 7 p m A ;t ? O? n A G b ^ d _A, O O ? ..? m y y 7 ? m c e - f9 O O i x ° H ?• w n > O y 7..a ? 7 c ^ A d .n QQ ?• O' < 3 ? Z m ?o o. _c 7 A T-. a T. 00 -4 O? VI F A W N A c * *za * *3 * m A _3?by z m = d r?z CO o v = x aoo ? a m na Nz ; z yf R? W ? N Al r a o fb ?z A m c ° ° 'v 0 O i A a a A h H 7160 3901 9844 0121 1047 TO: KEN- ETH R. GIBSON 679 COOPER AVENUE JOHNSTOWN, PA 15606 SENDER: KMD REFERENCE: 5800828616 RETURN Postage RECEIPT Certified Fee 2. SERVICE Return Receipt Fee I, Restricted Delivery 3. Total Postage & Fees -t 7.( it US Postal Service PO OR DATE_ f Receipt for - ; ` ? Certified Mail ' No Insurance Coverage Provided Do Not Use for International Mail 7160 3901 9844 0121 1023 TO: KENNETH R. GIBSON 2147 A NEWVILLE ROAD CARLISLE, PA 17013 SENDER: KMD z4, REFERENCE: 5800828616 7160 3901 9844 0121 1054 TO: KENNETH R. GIBSON SCI AT WAYMART P.O. BOX 256 WAYMART, PA 18472 SENDER: KMD ?? v.? ?... REFERENCE: 580082861; , PS Form 3800, June 2000 \"a' RETURN Postage RECEIPT Certified Fe SERVICE e turn Receipt Fee FRestric ted De livery al Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail POST FMK OR DATE r 7160 3901 9844 0121 1030 i TO: KE1VNh1H K. GIBSON 6500 WEST OLIVE AVENUE, APT. 141 GLENDALE, AZ 85302 SENDER: KMD :rl"?7x REFERENCE: 5800828616 PS Form 3800, June 2000 RETURN Postage RECEIPT RETURN Postage SERVICE Certified Fee ? 30 RECEIPT Certified Fee 2.31 Return Receipt Fee SERVICE 1 75 Return Receipt Fee 1.7: Restricted Delivery Restricted Delivery 3.51 Total Postage & Fees Total Postage & Fees 7 9' US Postal Service PQ! AK OR DATE POST i US Postal Service O? Receipt forte' Receipt for Certified Mail Certified Mail h No Insurance Coverage Provided No Insurance Coverage Provided Do Not Use for International Mail Do Not Use for International Mail " ?' 7160 3901 9844 0121 1061 TO: i.'AjV1ELA A. GibJ61V 6500 WEST OLIVE AVENUE APT. 141 GLENDALE, AZ 85302 SENDER: YMD REFERENCE: 5800828616 June RETURN i ostage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees . US Postal Service Receipt for Certified Mail No lnsurance Coverage Provided Do Not Use for International Mail .37 2.30 1.75 r MARK ORZATI C C CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY Plaintiff, V. KENNETH R. GIBSON PAMELA A. GIBSON . Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL, DIVISION NO. 02-4022 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY ' Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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,2147 A NEWVILLE ROAD, CARLISLE, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name KENNETH R. GIBSON PAMELA A. GIBSON Last Known Address (if address cannot be reasonably ascertained, please indicate) 2147 A NEWVILLE ROAD CARLISLE, PA 17013 6500 WEST OLIVE AVENUE, APT. 141 GLENDALE, AZ 85302 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BANK ONE, NA P.O. BOX 2017 MILWAUKEE, WI 53201 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 hat 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 2147 A NEW`TILLE ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 4.2003- DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff L, LT ? -i'- co / C37 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 Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 5th day of March A.D., 2003, under and by virtue of a writ Execution issued on the 17th day of October, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 4022, at the suit of Chase Mtg Co-West fka Mellon Mtg Co against Kenneth R Gibson & Pamela A is duly recorded in Sheriff's Deed Book No. 256, Page 2841. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ?(p day of A.D. 2003 of Deeds WWOW Ma 2PAot AM4f lw m Chase Mortgage Company-West f/k/a Mellon Mortgage Company VS Kenneth R. Gibson and Pamela A. Gibson In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-4022 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Kenneth R. Gibson., but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Wayne County, Pennsylvania to serve the within Real Estate Writ, Notice and Description, in the above entitled action, according to law. WAYNE COUNTY RETURN: Served the within named defendant, Kenneth R. Gibson on November 22, 2002 at 9:00 o'clock AM by handing to Diane Piasech, adult in charge for defendant, at SCI Waymart, P.O. Box 256, Route 6, Waymart, PA 18472, a true and correct copy of the within Real Estate Writ, Notice and Description, and making known unto her the contents thereof. R. Thomas Kline, Sheriff, who being duly, sworn according to law, states he served the above Real Estate Writ, Notice and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Pamela A. Gibson, by Certified Mail, Return Receipt Requested, Restricted Delivery, Deliver to Addressee Only to her last known address of 6500 West Olive Ave., Apt. 141, Glendale, AZ 85302. This letter was mailed under the date of October 29, 2002. Return receipt card was signed by Pamela Gibson on November 1, 2002 and returned to the Cumberland County Sheriffs Office. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 08, 2003 at 1:09 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kenneth R. Gibson and Pamela A. Gibson located at 2147 A Newville Road, Carlisle, 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 one of the within named defendants, to wit: Kenneth R. Gibson by regular mail to his last known address of SCI Waymart, P.O. Box 256, Route 6, Waymart, PA 18472. This letter was mailed under the date of January 13, 2003 and never returned to the Sheriffs Office. 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 one of the within named defendants, to wit: Pamela A. Gibson by regular mail to her last known address of 6500 West Olive Ave., Apt. 141, Glendale, AZ 85302. This letter was mailed under the date of January 13, 2003 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 March 5, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $30,000.00 to Attorney Frank Federman for Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation of Foreclosure Unit, Mail Stop 61, P.O. Box 5000, Vienna, VA 22183-5000, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $4,500.00. Sheriffs Costs: Docketing $30.00 Poundage 600.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 9.66 Certified Mail 8.84 Levy 15.00 Surcharge 30.00 Out of County 18.00 Lebanon County 46.90 Wayne County 55.00 Law Journal 246.80 Patriot News 253.87 Share of Bills 25.21 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1475.28 Sworn and subscribed to before me This A c - day of 2003, A.D. r thonotary So Answers: ipool R. Thomas Kline, S eriff AY Jnr Real Estate Deputy 30,E cam'" ol? s3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-4022 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY, Plaintiff (s) From KENNETH R. GIBSON, 2147 A NEWVILLE ROAD, CARLISLE, PA 17013 AND PAMELA A. GIBSON, 6500 OLIVE AVENUE, APT. 141, GLENDALE, AZ 85302 (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 paving 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 $67,861.17 L.L. $.50 Interest FROM 10/17/02 TO 3/5/03 (PER DIEM - $11.16) - $1,562.40 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $77.00 Other Costs Plaintiff Paid Date: OCTOBER 17, 2002 CURTIS R. LONG Ltho.nota'ry (Seal) Deputy REQUESTING PARTY: Name FRANK FEDERMAN, 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. 12248 Real Estate Sale # 15 On October 29, 2002 the sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA known and numbered as 2147 A Newville Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 29, 2002 By: a C ?1.T Real Esiate Deputy ""mil t '. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 537, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is se3urely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of January and the 4th and 11th day(s) of February 2003. 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 - ?aa a scn a be re,-rrre? this 14th d of FabQry 2003 A.D. S A L E #15 Terry L. Russel!, Notary Public City, Df Harrisburg, Dauphin County / I f PEAL ESTATE SALE NO. 15 My O)mmission Expires June 6, 2006 f Writ No. 2002-4022 ----- NOTARY PUBLIC Civil Term Member. Pennsylvania Association Of Notanes My commission expires June 6, 2006 Chase Mortgage Company-West f/k/a Mellon Mortgage Company CUMBERLAND COUNTY SHERIFFS OFFiCE vs Kenneth R. Gibson and CUMBERLAND COUNTY COURTHOUSE Pamela A. Gibson CARLISLE, PA. 17013 Atty: Frank Federman DESCRIPTION ALL THAT CERTAIN tract of land located in Statement of Advertising Costs West_Pennsboro Township, Cumberland County. Pennsylvania, known as Lot No. 3 Plan of D & To THE PATRIOT-NEWS CO., Dr. M Acres, more particularly, bounded and described in accordance with the survey of For publishing the notice or publication attached Douglas S. Brehm, R.P.L.S., dated September 26, hereto on the above stated dates $ 252.12 1985, as follows: BEGINNING at an iron pin set in the Northern Probating same Notary Fee(s) $ 1.75 dedicated right-of-way line of the Pennsylvania Total $ 253.87 Route No. 641, L.R. 21091; thence North 00 degrees 36 minutes 06 secnnds West, 3706.76 feet to an iron pin: thence alone lands now or publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. S h 83 tormerly of Lee K. Fmkenbmder, out degrees 29 minutes 44 seconds East 109.00 feet to an iron pin; thence along the Western line of Lot No. 2, South 00 degrees 06 minutes 19 seconds West, 352.78 feet to an iron pin; thence along the Northern right-of-way of said road, South 86 degrees 53 minutes 48 seconds West, 103.91 feet to an iron pin the place of BEGINNING. CONTAINING 0.881 Acres and being all of Lot No. 3, Plan of D&M Acres, Plan Book 48, Page 86. TAX PARCEL #18-1400. BEING: 2147 A Newville Road, Carlisle. IA 17013. By TITLE TO SAID PREMISES IS VESTED IN Kenneth R. Gibson and Pamela A. Gibson. His Wifc, by Deed from Albert J. Deitch dated 12/22/ 1989 and recorded 12%22/1989 in Deed Book 34 Volume 1," Page 466. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, JANUARY 31, FEBRUARY 7, 14, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 15 Writ No. 2002-4022 Civil Chase Mortgage Company-West, f/k/a Mellon Mortgage Company Vs. Kenneth R. Gibson and Pamela A. Gibson Atty.: Frank Federman ALL THAT CERTAIN tract of land located in West Pennsboro Town- ship, Cumberland County. Pennsyl- vania, known as Lot No. 3 Plan of D & M Acres, more particularly bound- ed and described in accordance with the survey of Douglas S. Brehm, R.P.L.S., dated September 26, 1985, as follows: BEGINNING at an iron pin set in the Northern dedicated right-of-way line of the Pennsylvania Route No. 641, L. R. 21091; thence North 00 degrees 36 minutes 06 seconds West. 370.76 feet to an iron pin; thence along lands now or formerly Lisa Marie C SWORN TO AND SUBSCRIBED before me this 14 day of FEBRUARY, 2003 ... ATY Lois " m ?i gt.ll9Lay „ts ? ??CM of Lee K. Finkenbinder, South 83 degrees 29 minutes 44 seconds East, 109.00 feet to an iron pin: thence along the Western line of Lot No. 2, South 00 degrees 06 min- utes 19 seconds West, 352.78 feet to an iron pin; thence along the Northern right-of-way of said road. South 86 degrees 53 minutes 48 seconds West, 103.91 feet to an iron pin the place of beginning. CONTAINING 0.881 Acres and being all of Lot No. 3, Plan of D&M Acres, Plan Book 48, Page 86. TAX PARCEL #18-1400. BEING: 2147 A NEWVILLE ROAD, CARLISLE. PA 17013. TITLE TO SAID PREMISES IS VESTED IN Kenneth R. Gibson and Pamela A. Gibson, His Wife by Deed from Albert J. Deitch dated 12/22/ 1989 and recorded 12/22/1989 in Deed Book 34 Volume "I", Page 466.