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Home My WebLink About97-07048 I .,t !t1 , .. f s: .~ ," ~ '3 "- o :z f liE: '()' ~ 'I~." . ' I"", . , ' !- , " Do t;r" "'0 t' " ' ., " il , , I' ", il,l , I, , i' ;":jf~ ':~~ 'I"; " rl'I}( ,I' L",/J ",'_!};r,ii ,';:1.11 ;_',:.11::" 'I, ,'_'-j;!;'1}j ,,'-/',,';\y! .I.-n I, I;,;'J) J..i(riJ ./11At~ " ~,:,~ ',' - ';It!~ . /-~1 '.\I,:\-f~ , "ill I ,ft jr!'~H& ! d,'L~ q.',m ! I -i'I\All ',' '~jtJ /".'t];:J "';,i;k~ q IJI;'f~~ "~<,;_!ifJ :il\t,IL , :j'lll , It:C~1lJ I,i~f~ 1',1!;}1 \j .r~ ! /.'J~J ';I;",I~~ l/l c" 1-~fJj)i "/II,hIM ",'I:ll ill,_,'r;';~~ /~ii'-;_\flfJ I"...., ('I,il! ',J'M "i_'r'U !'lI -j;~;;;' ,,:)~~W ; j '~'Il[J -;:;:{!~j I\'-'I~J 1;/'1,1" ,.1 ~ _~ !:~;!l ,j';:~ "~,'i' ':.'i{fjl); I" ,.(;llli'\!,IiJ ";.":!,{I " ;"'1~!1 _!,\i/~h ' :,;,:-_-:_-"..!f!\::~l . ,,"c;rt ".f--/G~~ ':'\$ ;'Ij',j ".'j1,tL ttr,'- ,I'.' -,-,I,. ,~; ,_ H!\~ i-'I',rc d'i;-F~ ;t-'.I,',~] ,-}\;.'(#, "!:-lili:' '-<\<'~~ \-..1'",'- .,,>;-I ;I,',-..'.(''i; " '-"I,"T I !~;_~;l:'~:~l , iI_"-"ilu ,,';\\(~t .1 r',,',yyl .";/l0' " , Ii " /,1 , , Ii I, " 'I I " ., " " " 'I I,' ~ . ) / /" " " ( I I l " " I, " I, " ,,' 'Ii, '. II ,'I 6. The following amounts are due on the mortgage: Principal Balance Interest 4/1/97 through 12/1/97 (Per Diem $21.32) Attorney's Fees cumulative Late Charges 5/31/95 to 12/1/97 Cost of suit and Title Search $87,669,43 5,202.08 4,383.00 377.98 Subtotal 550.00 98,182.49 Escrow credit Def iei t 30.33 Q....QQ TOTAL 130.33\ $98,152.115 Subtotal 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 Sheriff's Sale, If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged. 8. This action does not corne under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. Pursuant to the Fair Debt Collection Practices Act, 15 U,S.C. S 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. WHEREFORE, PLAINTIFF demands Judgment aga in the sum of $98,152.16, together with i at the rate of $21.32 per diem to the a costs and charges collectible under t e foreclosure and sale of the mortgage pr st the Defendant(s) terest from 12/1/97 of Judgment, and other rtgage and for the erty. " . , " H fJl .., ..:1 , . . ~' " '- " , .:., U.' \1.' a' ri.: II) U:I" I ..,}\', , l L~ . Ll.J , '"'- I' . .. , l",J (/1 '..J .,. \, FEDERMAN AND PHELAN FRANK FEDERMAN, ESQUIRE Identification No, 12248 Two Penn Center Plaza suite 900 Philadelphia, PA 19102-1799 (2151 563-7000 NORWEST MORTGAGE, INC. Plaintiff A'I"!'ORNEY FOR PLAIN'!'I FF vS. AMANDA L. CARBAUGH TIMOTHY F. CARBAUGH Defendant(s) TO: TIMOTHY F. CARBAUGH 113 BUNGALOW ROAD ENOLA, PA 17025 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No, 97-7048 CIVIL TERM DATE OF NOTICE: JANUARY 21. 1998 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. 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 Court Administator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 kl ~Jb "- .A.~ FRA K FEDER AN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN FRANK FEDERMAN, ESQUIRE Identification No. 12248 Two Penn Center Plaza suite 900 philadelphia, PA 19102-1799 (215\ 563-7000 NORWEST MORTGAGE, INC. Plaintiff A'l"rORNEY FOR PLAIN'l'If'F COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUN'rY No, 97-7048 CIVIL TERM vs, AMANDA L. CARBAUGH TIMOTHY F. CARBAUGH Defendant(s) TO: AMANDA L. CARBAUGH 113 BUNGALOW ROAD ENOLA, PA 17025 DATE OF NOTICE: JANUARY 21. 1998 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. 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 enter.ed 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 Court Administator 4th Floor Cumberland county Courthouse carlisle, PA 17013 (717)240-6200 )~" t r~ ~9~A~~. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ,\ .... I' " ~ 'I. I:: '~HE COUR'L2I-<':C~\l>'ON I?LE/", ,),"::;~\J!EFU..tIC ':G1:m'l, I?ENNS'ILVNILA Cl'ltL Dl'IlSI0N 1?[IAEC II?E l'DR WRIT I)f EXECU'l'ION Caption I Confessed Judgment N01\WES1' MOH1'GAGE, INC. Other .",.97-701,8 CIVIl, TERM F~Le ,...., MroUl1t Due $99,1,31. 36 Interest FROK 2/3/98 TO SALE @ $16.34 PER DIEK vs. AMANDA I,. CAHBAUGII 'l'IM01'IlY F. CAIUlAUGH , Acty'.. Ccmn , Cas t s 'to THE PROTHO~AR,{ Of THE SAID COURT. The ulldersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate or; ginal proceeding fHed pursuant to Act 7 of 1966 as ~edl and for real property pursuant to Act 6 of 1974 as arrended. Issue writ of P.Xecution in the above I1\iHter to the Sheriff of CUKBERLAND County, for debt, interest and costs upon the following described property of the defendant ( s} AMANDA L. CARBAUGIl TIMOTHY F. CARBAUGIl PRAEX:IPE roR ATT.a.ot-n:NI' EXEx:t1l'ICII Issl.:e writ of attachrrent to the Shenf: of CUMBERLAND County, for d.ebt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty Hst) 111 8IJNI:AT.IlIol ROAn ENOLA. PA 17025 and all other property of the defendant ( 51 In the possession, custody or control of the said garn:.shee ( .. ) . (Indicate) Index this writ agalnst the gdZ1,ishee(s) as a lis pendens against real estate of the defendant(s) described In the attached exhibit. \ DATE. Slgnature: ?rlnt Name: FRANK FEDERMAN, ESQUIRE ,.\ddress: 2 PENN CENTER PLAZA. SUITE 900 PHILADELPHIA, PA 19102 .~: ':~C7iey Eoe: PI ATNTTFF -:.:: L,?:.:-,.:;~e: 1-215-563-7000 ,.,,', "..: - :~ :-!o .: 12248 - --- -~-~~.- -~----- 3 , , ~. 5'Sri~ '" ...,., 'll>\t'~~ ;;- ''lI ~a Itj", l- r~ ~ ? a l:t' J . ~" >0 ...... " '.. (: , fl;: L,' .;'. /;.1 Ill': (.) . '. ,., " ... , , I'l) ~, 'n f)' I !J'.' l"L.!U Co " J II ., I L>_ " r, ..'J (..' I,:." ... I -,. ' ~ " , , , " " " , ' " ,,; 01 >.. I Cli. ';J , rc .. , , 1.'\ tfl , 'l\~'.: ."... , ... ~'\i\ . ~L~. I. ' ,:,\ 'f' 'j" L.A I --1" (1'1 " ,I ll., \, I '.'-. f L._ 0\, r.n . , 1,..:...' {,J'I j',) , , , , Ii ..... 0\ " C," .., ,. - ( , . {'oJ; llr( (',. .,1.( II:' f,)1. " {'JI I , . ~ i/l l, '{ , /.1.. , .,- Ii l~ -J t..i C , --, , FEDERMAN and PHELAN By. FRANK FEDERMAN Identifioation No. 12248 suito 900 TWo Penn Oenter Plaza p~iladelp~ia, PA 19102 (215) li63-7000 A'rTORNEY FOR PLAINTIFF NORWEST MORTGAGE, INC. CUMBERLAND COUNTY COURT OF cOMMON PLEAS CIVIL DIVISION VB. AMANDA L. CARBAUGH TIMOTHY F. CARBAUGH NO. 97-7048 CIVIL TERM FRANK attorney for the the premises are because it is: CERTIFICATIQ!I FEDERMAN, ESQUIRE, hereby verifies that he is plaintiff in the above-captioned matter, and that not subject to the provisions of Act 91 (xx) an FHA mortgage ( ( ( non-owner occupied vacant Act 91 procedures have ,been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. ~1-lL-~' FRANK F8DERMAN, ESQUIRE Attorney for plaintiff " , I 'c_ O. b.~ ._:1 -,. oo "c.; 0': IU\ ~ ..: j. ---, ( Ie'", ..,.... l'..; "J. ,>-,: fJ) I ':Tj " t. I.i~ L .1 Lt,1 I" !.>. 1.1.. l~i J () u\ <. '. .' You may need an atto~ney to a6se~t you~ ~ights. The soone~ you contact one, the mo~e chance you will have of stopping the sale, (See notice on page two on how to obtain an atto~ney.) YOU MAY STILL BE ~BLE TO S~VE YOUR PROPERTY ~N~ HAVE OTHER RIGHTS EVEN IF THE SHE~IFF'S S~QQES TAKE PL~CE. 2 . sale if of your If the She~iff's Sale to the highest bidde~. (215\ 5GJ-70QO. You may be able to petition the Cou~t to set aside the the bid price was g~ossly inadequate compa~ed to the value prope~ty, is not stopped, you~ p~ope~ty will You may find out the p~ice bid by 1- be sold , calling 3. The sale will go th~ough only it the buye~ PilYS the She~iff the full amount duo in thm sale, To find out if this has happened, you may call (215) ~6J-7UOU, 4, I f the amount due from the Buyer' is not pol id to the Sheriff, you will ~emain the owner of the prope~ty as if the sale neve~ happened. 5. You have the right to remain in the p~ope~ty until the full amount due is paid to the She~iff and the She~iff gives a deed to the buyer. At that time, the buye~ may b~lng legal p~oceedings to evict you. 6. You may be entitled to a sha~e of the money which was paid fo~ you~ house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on This schedule will state who will be receivinq that money. The money will be paid out in accordance with this schedule unless exceptions (~easons why the proposed distribution is wronq) a~e filed with the She~iff within ten (10) days afte~ 7. You may also have othe~ ~ights and defenses, o~ ways of getting your home back, if you act immediately after the sale. YOU SHOULD T~KE 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 COURT ADMINISTRATOR 4 th floor Cumberland county Courthouse (717) 240-6200 .. DESCRIPTION ALL THAT CERTA[~ lots or pieces of land, with the lmprovemenlS thereon erected, silUate In the Township of East Pellnsboro, County of Cumberland and State of Pennsylvania, more plU"tlculo.rly bounded and described as follows, to wit: BOUNDED on the West by Duke Street; on the North by Bungalow Road; on the East by an alley; and on the South by Lot No. 133 on the hereinafter mentioned Plan of Lots. BEING LoIS Nos, 13-1, 135, 136, and 137 on Plan of Lots k.nOIVll as Shady Lane; East Pennsboro Township, Cumberland County, Pennsylvania, as laid out by Arthur C. Young, said Plan being recorded In the Office of [he Recorder of Deeds in Cumbel'land County Plan Book I, Page 92, LOTS Nos, 134 and 13.:5 haYing thereon erected a two and one-ba1f story frame dwelling known as 139 Bungalow Road (now known as 113 Bungalow Road), Enola, Pennsylvania. LOTS NOS, 134, 135 and 136 each containing 50 feet in front lln Duke Street and extending Eastwardly in depth 1.:50 feet to said alley: Lot No, 137 being an irregularly shape lot lying North of Lot No, 136 at the Sllu[heast intersection of Bungalow Road and Duke Street. , , Tax Parcel# 09-13-,1002-173 TITLE TO SAID PREM[SES [S VESTED [N Timothy F, Carbaugh and Amanda L. Carbaugh, his wife by Deed from John H, Kulp and Vickie L. Kulp, his wife dated 5/31/95 recorded 612/95 In Deed Book 122 Page 1190. . - FEDERMAN AND PHELAN FRANK FEDERMAN, ESQUIRE Identification No. 12248 Two Penn Center Plaza suite 900 Philadelphia, PA 19102-1799 (215\ 563-7000 NORWEST MORTGAGE, INC. Plaintiff ATTORNEV FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTV No, 97-7048 CIVIL TERM VB. AMANDA L. CARBAUGH TIMOTHY F. CARBAUGH Defendant(s) TO: AMANDA L. CARBAUGH 113 BUNGALOW ROAD ENOLA, PA 17025 DATE OF NOTICE: JANUARY 21. 1998 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO VOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANV INFORMATION OBTAINED 'FROM VOU WILL BE USED FOR THAT PURPOSE. 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. Vou 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 Court Administator 4 th noor Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 ) 1 (~ '; ,',_,' \' ( J",V \' 'i\", " ," FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~ I M ~ ' .~ \O~ -.;;:, J 1 'V\ '- ,:,.. ~ .' ,0 ...1 :f> \:j'.. b ,..... ....... ~ --r t .. "3 ~ -! V) ,\jj r- 3~ ~ ~ 11; ..\.... ,. , /,': j.;, U.' . ' ~ "'-- , ~ ~ " . , '" .', ", I ~ ,.. ";'-1. ,"') ''''.j 1,1 . I '1(\"1 'lID.. \I I. (-', \..1.; LL_ 't" " ~, .'--) "j ','J ,I . , '. .- I," i, I i. I' I " \ , , " UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Nt)(!.lJ~ ~ 5'l 3oc/080"1 IN RE: Timothy F, and Amanda L. Carbaugh : CHAPTER 13 II q 7- 7f)!;t (!A~Ke/ : BANKRUPTCY NO. 98-00397 RJW Debtor ORDER MODIFYING SECTION 362 AUTOMATIC STAY /8 n' ,,~. .;.;lc<.O AND NOW, this day of rM."""";\ *809, upon Motion of NorwE:st Mortgage, Inc. (NC) (Movant), and after notice of defat.'ift and the filing of a Certification of Default, It Is ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 Is modified with respect to premises, 113 Bungalow Road, Eno/a, PA 17025, as to allow the Movant to foreclose on Its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal action for enforcement of Its right to possession of said premises, ORDERED THAT Rule 4001 (a)(3) Is not applicable and Norwest Mortgage. Inc. may Immediately enforce and Implement this Order Granting relief from the automatic stay. IllRollaU -. J fJ. Robert J, Woodside cc: Judith T. Romano. Esquire Leslie E. Pulda, Esquire Brenda L. Brogdon, Esquire Suite 900rrwo Penn Center Plaza Philadelphia. PA 19102-1799 Charles J. DeHart. III, Esquire (Trustee) P.O. Box 410 h,Jrnmelstown. PA 17036 . ..... "" .-..-.-"..~ F~LtEi.) i"Jnisbwg. '" TIME,,","- A.A,.-p.... fJAN , 8 2000 Lawrt:Jnce G, Frank, Esqljlre 2023 North Second Street Harrisburg. PA 17102 Pe~., ~lt,W:t~ A. Smllh nkllJPlCy Cou~ Do ~ " . , "I I I., , \ I' \ \ \ 'toe ~l:!l ,~ 'l~ ~ < .s- ~ ~~ ,,~ Ji ~ 8'" " I=~rl ~Iol ~~ E ~(/l "3 ~~ ~ "" ~l! l'i ~ ~ ~ ~~r rl rl' ~ ~~i \<.oS oe .~ a~:!l ~ ,t ~i ~ ~~ i~ p:: ~~' i ..l~ ... ..li~ - " ~ ~ ~.s- ~~ ~ .a=~ 1 ~u 1 !! !~j 8~ ~ \<.0 " ~ .., " " e~ :::~ ~ n z ~ 0' ~ ~ ~ - ~ .~ ~ ~ \ \ \ ' \' \\ . ! I \ , ! I I DESCRIPTION ALL THAT CERT AI:'-l' 100S or pieces of land, with the improvements thereon erected, $ituate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BOUNDED on the West by Duke Street; on the North by Bungalow Road; on the East by an alley; and on the South by Lot No, 133 on the hereinafter mentioned Plan of Lots, BEING Lots Nos. 13-1, 135, 136, and 137 on Plan of Lots known as Shady Lane; East Pennsboro Township, Cumberland County, Pennsylvania, as laid out by Arthur C, YOUDg, said Plan being recorded in the Office of the Recorder of Deeds in Cumberland County Plan Book I, Page 92, LOTS Nos, 134 and 135 having thereon erected a two and one-half story frame dwelling known as 139 Bur.ga1ow Road (now known as 113 Bungalow Road), Enola, Pennsylvania: LOTS NOS, 134, 135 and 136 each containing 50 feet in front on Duke Street and extending Eastwardly in depth 150 feet to said alley; Lot No, 137 being an irregularly shape lot lying North of Lot No, 136 at the Sllutheast intersection of Bungalow Road, and Duke Street. Tax Parcell 09-13-1002-173 TITLE TO SAID PREMISES IS VESTED It'( Timothy F. Carbaugh and Amanda L, Carbaugh, his wife by Deed from 10hn H, Kulp and Vickie L. Kulp, his wife dated 5/31/95 recorded 6/2/95 in Deed Book 122 Page 1190, \ , G) ',. ..'J I... .' .. , " , v; ! I;., , I , r-J , " .' I.; 'J l' I.:... W- I f-" ;"i , u C) " " " , (f) (: ..,.. ,. , , , ,.. I , , ~- ! ".. (....; I , I j L~. " I , ., () Norwell Mortlloll~, IlIe. I""ll1tlll, CUMIIEIILAN/) COUNTY v. No, 97.7048 Civil Term Amondo L, Corboullh Timothy F, Corbllullh /)elendonl!I), February 22, 2000 TO: Amanda L. Carbuugh Timothy F, Carbuugh IlJ Bungalow Road Enola, PA 17025 "TillS 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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONl.Y ENFORCEMENT OF A L1F.N AGAINST PROPERTY.-- Your house (reul estute) at 113 DUnl!lllow Rond, Enolu, PA 17025, is scheduled to be sold at thc Sheriff's Sale on ,Jullc 7, 2000 at 10:00 a.m, in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by NOI'Wcst Mortl!lll!e, Ine, (the mortgagee) aguinst you, Ifthc Sheriffs sale is postponcd, the property will be relistcd for the Sheriffs Sale, NOTICE OF OWNER'S RIGHT!i YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take lmmcdilltc llclion: I. 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. i I I I I 2, You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered, You may also ask the Court to postpone the sale for good cause. 3, . You may also be able to stop the sale through other legal proceedings. You muy need un ultol'lley to ussert your rights. The sooner you contuct one, the more chunce you wlll have of stopping the sule. (See notice on puge two on how to obtuin an ullorney.) YOU MAY STILL IJE AIJLE TO SAVE YOUR I'IWI'ERTY ANI> YOU HAVE OTHER RIGHTS EVEN IF Tim SHERIFF'S SALE I>OES TAKE PLACE. I, If the Sherin's Sule is not stopped, your property will be sold to the highestlJidde!', You may lind out the price bid by culling (215) 563. 7000, 2, Youll1uy be uble to pclitionthe Court to set uside the sale if the bid price wus grossly inudequute compured to the vulue of your property. 3, The sule will go through only If the nuyer puys the Sheriff the full umount due In the sule, To find out if this hus huppened, youl11uy cull (717) 240.6390, 4, If the ul110untdue trom the Buyer is not puidto the Sheriff, you will remain the owner of the property as if the sule never happened. 5, You have the right to remuin in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer, Atthuttime, the buyer may bring legal proceedings to evict you, 6, You may be entitled to u shure of the rnoRey which was puid tor your house. A schedule of distribution of the money bid for your house will be tiled by the Sheriff within 30 days of the sale, This schedule will stute who will be receiving that money, The money will bc paid out in accordance with this schedule unless exceptions (reasons why the proposcd distribution Is wrong) arc l1Ied with the Sheriff withintcn (10) days aftcr the distribution is filed, 7. You may also have other rights anddetcnses, or wuys of gelling your home back, if you act immediately after the sale, YOU SHOULD TAKE THIS I' AI'ER TO YOUR LA WYER 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 HEll'. CUMBERLANI> COUNTY ATTORNEY REFERRAL CUMBERLANI> COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLANI> COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 " ,I I, 'I " " .1' , , , ~ . Cl ) L_";, ...-:J :. , : ~) , ',' , .. .' I " \ ., , , '1 C~! 1 j , Ii , , I , ... I Co. " i ) 1.,.1 :I , " " " , 'I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORWEST MORTGAGE, INC. Plaintiff CIVIL DIVISION No. 97-7048 CIVIL vs, AMANDA L. CARBAUGH TIMOTHY F, CARBAUGH Defendants AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA SS: CUMBERLAND COUNTY I, FRANK FEDERMAN, ESQ" attorney for NORWEST MORTGAGE, INC., hereby verify that on FBERUARY ~3. 2000, true and correct copies of the Notice of Sheriffs Sale were served by certificate of mailing to the recorded lienholder(s), and any known Interested party, see Exhibit "An attached hereto, and the Notice of Sale was sent to defendant(s) on FEBRUARY 23. 2000 by first class mall and certified mall return receipt requested, see Exhibit "Bn attached hereto. Date: Mav 3, 2000 ~ .. - ;z:~ :s If::: l&IJI_ ::jij;;'" ll. - .;:~:: i ~,! ~if 't 11 j j~'O ~ I I I 1 1 r--r---r--~'- ",~~ ~j ....., J! ',' (!; " .\ .' -, ',1 , , , '.:: .,~ ,'~ " I ' I . " . ' . ... ' .....' I .. .... ~ ..l g ~ ~ 8 < = d ; ~ ~ 8~ ~ i~~ ~o9 ~~ · i:~S ~~ S~::! ~ ~l&Ii2 ~~:Q :so~ i~~9~~~~~: ~~~~$~j~~~ J 8~~__~8~ 8~~ J. 1 ~ ~ I if B '" ~ o I J! ~ Ii ~ ..! ~ ~ .~ ~ ' ~ ..a '011 I~ _. z ~ ~ n -~ ---- J 0$ o _ '" '" H :! "' ~! - t"l ,'" ., '" \Q f"" 00 0-. _._~.- , I " , Norwcst Mortgngc, Inc, -vs- Amnnda L. Carbnugh nnd Timothy 1', Carbnugh Inthc Court of Common Plcns of Cumbcrlnnd County, Pcnnsylvnnin No, 1997-7048 Civil Hnrold J. Wury Dcputy Shcrln; who bcing duly sworn ncclJl'ding to Inw, suys on Murch 29, 2000 ut6:44 o'clock P.M, EST, hc postcd u copy of Rcul EstUlc Writ Notice Poster and Description inthc ubovc cntitlcd nction on the propel'ty of Amnndu Curbaugh and Timothy Curbaugh locatcd a tl13 l3ungnlow Roud, Enola, Cumberlund County, Pennsylvania, according to luw, , Harold J, Weary Dcputy Shcrin'who being duly sworn uceording to luw, says on March 29, 2000 nt6:44 o'clock P.M. EST, hc servcd utrllli copy of Rcul Estate Writ Notice Poster and Description in thc abovc cntitlcd action upon one of thc within named defendants to wit: Amanda Carbaugh, by makin gknown unto Amanda Carbaugh at 113 l3ungalow Road, EllOla, Cumberland County, Pcnnsylvnnin, its contcnts nnd atthc sanle time handing to her personally the said true nnd uttested copies of the samc. Harold J, Weary Deputy Sheriff who being duly SWOI'II according to luw, suys on March 29, 2000 at 6:44 o'clock P,M, EST, he servcd utruc copy of Reul Estatc Writ Notice Poster and Description in the above cntitled uclionupon one of the within named defendants to wit: Timothy Curbaugh, by making known unto Timothy Curbaugh ut 113 Bungalow Road, ERola, Cumberland County, Pennsylvunin, its conteRts nnd ntthc snmc time handing to him pcrsonally thc said truc and attcstcd copics of thc sumc, R. Thomas Klinc, Sherif!: who bcing duly sworn according to law, snys he scrvcd the nbove Real Estate Writ Notice Poster and Description in the 1{llIowing Mnnncr: The Sheriff mailed a notice of the pendnecy of thc action to one of the withinnnmed defendants to wit: Amanda Curbaugh by First Clnss Mail to hcr last known nddress 113 Bungalow Road, Enola, Pennsylvania. This letter wns mailed under the datc of March 30, 2000 and never returned to the Shcriffs Office, R, Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Postcr and Desl:ription in the following manncr: The Sheriff mailcd a notice of the pendency of the action to one of the within named defendants to wit: Timothy Carbaugh by First Class Mail to his Inst known address 113 Bungalow Road, Enola, Pcnnsylvania, This letter wns mailcd undcr the datc of March 30, 2000 and never returned to the Sheriffs Omec. R, Thomas Kline, Sherif!: who bcing duly sworn according to law, says that after due and legal notice had becn given according to law, cxposed thc within describcd premises at public vcnue or outcry at the COllrt House, Carlislc, Cumberland County, Pcnnsylvania on June 7, 2000 at 10:00 o'clock A.M, EDST and sold the same 1{lr thc SUI11 01'$ 1.00 to Attorney Dale Shughart, JR for Wclls Fargo Home Mortgagc, Inc F/K/A Norwest Mortgage, Ine, It being the highest bid and bcst pricc quoted for the some Wells Fargo Home Mortgage, Inc. F,K,A Norwcst Mortgagc, Inc. of 5024 Parkway Plaza Boulcvard, Charlottc, NC bcing the buycr in this exccution paid to ShcriffR. Thomas Kline thc sum 01'$ 803,89 it being costs, THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under lIet No, 587. Raaroued May 16. 1929 Commonwealth 01 Pennaylvanla, County 01 Dauphin) u Michael Morrow being duly sworn according to law, deposes and says: That ho Is tho Assistant Controllor of THE PATRIOT.NEWS CO" u corporation organized and existing undor Ihe laws of the Commonweallh 01 Pennsylvania, wllh lis principal office and piece of business at 612 to 618 Markal Street, In tho Clly 01 Hurrlsburg, Counly of Dauphin, Slate 01 Pennsylvania, owner and publisher 01 THE PATRIOT.NEWS and THE SUNDAY PATRIOT.NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street, In the CIlY' County and State aforasald; that THE PATRIOT. NEWS and THE SUNDAY PATRIOT.NEWS were established March 4th, 1854, and Septamber 181h, 1949, respectively, and all have been continuously published ever since; That the printed notice or pUblication which Is securely allached hereto Is exactly as printed and published In their rellular dally und/or Sunday and Metro editions/Issues which appaaled on the 2nd, 9th and 161h day(s) 01 May 2000. That nellher he nor sold Company Is Interesled In the subjecl mailer of said printed notice or advertising, and that 011 of the ellegetlons 01 this slalement as to the time, place and cheracter 01 publication are hlJe; and That he has personal knowledge of tho facls aforesaid and Is duly authorized and empowered to verify this staloment on behatl of The Patriot. News Co. aforeseld by v rtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of direct s of the said Company and subsaquently duly recorded In Il1e office for the Recording of Deeds In and for sold Coun 0 Dauph In Mlscellanoous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE N21 Sworn to and subs Nolal1al Seal \ TOflY l. Ruuell, Notary Public Hamsburu. Dauphin County My CommissIon Ellpiros June 6. 2002 Member, PonnsylVar\la AsSOCIation 01 Notl NARY PUBLIC V commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ".'., ,. , '~"".. ~ ,tI~1 ",",,'~"" , ...., "'t ". . Statement of Advertising Costs To THE PATRIOT.NEWS CO., Dr. For publishing the notice or puollcatlon allached hereto on Ihe abovo stated dates $ Probating same Notary Foo(s) $ Total $ 250,95 1.50 252.45 Publisher's Receipt for Advertising Cost; THE PATRIOT.NEWS CO., publlshor of THE PATRIOT.NEWS and THE SUNDAY PATRIOT. NEWS, newspapers 01 general circulation, hereby acknowledge receipt of Ihe aforesaid notice end publication costs and certifies that the same have boen duly paid. THE PATRIOT. NEWS CO. By.....,................................,............................. Norwesl Morlgage, Inc. CUMUmLANI> COUNTY "Ialnlt", v, No, 97.70~H Civil Tcrln Amunda L. Curbllagh Tlmolhy F, Carbllugh I>e'~ndalll(s), February 22, 2000 TO; Amanda L. Carbnugh Timothy F. Carbaugh 113 Bungalow Road Enola, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, nlls IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) atl13 BUnl!lllllIV Road. Enoln. PA 17025, is scheduled to be sold at the Sheriffs Sale on .June 7. 2000 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013,to enforce the court judgment obtained by Norwest Mor!IlUllc.lnc. (the mortgagee) against you. [fthe Sheriff's sale is postponcd, the property will be relisted for the Sheriff's Sale. NOTICE OF OWN Ell'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you musttnke lmmcdilltc IIc!ion: i. The sale will be enncelled if you pay to the mortilagee 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 u petition nsking the Court to strike or open the judgment, if the judgment wns improperly entered. You mny also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings.