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FEDERMAN AND PHELAN
By: FRANK FEDERMAN
Identification No. 12248
Two Penn Center Plaza - Suite 900
Philadelphia, PA 19102
(_2.15) 563-7000
NORWEST MORTGAGE, INC.
5024 PARKWAY PLAZA BOULEVARD
CHARLOTTE, NC 28217
VS.
GARY B. DAVIS
172 FAITH CIRCLE
CARLISLE, PA 17013
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
. NO. 99-3421 CIVIL TERM
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against
GARY B. DAVIS, Defendant(s) for failure to file an Answer to
Plaintiff's complaint within 20 days from service thereof and for
Foreclosure and Sale of the mortgaged premises, and assess
Plaintiff's damages as follows:
As set forth in Complaint $104,305.12
Interest - 6/1/99 TO 8/13/99 $ 1,591.74
TOTAL
$105,896.86
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.
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE:
PRO PROTHY
i
Vs.
GARY P. DAVIS
FEDERMAN AND PHELAN
Frank Federman, Esquire
Identification No. 12248
Two Penn Center Plaza
Suite 900
Philadelphia, PA 19102-1799
(215) 563-7000
ATTORNEY FOR PLAINTIFF
NORWEST MORTGAGE, INC. COURT OF COMMON PLEAS
. CIVIL DIVISION
Plaintiff
. CUMBERLAND COUNTY
. NO. 99-3421 CIVIL TERM
Defendant(s)
TO: GARY P. DAVIS
BOX 1006
CARLISLE, PA 17013
DATE OF NOTICE: JULY 23, 1999
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A LIEN
AGAINST PROPERTY.
IMPORTANT NOTICE
You are in default because you have failed to enter a written
appearance personally or by attorney and file in writing with the
court your defenses or objections to the claims set forth against
you. Unless you act within ten (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 BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Frank Federman, Esquire
Attorney for Plaintiff
s FEDERMAN AND PHELAN
Frank Federman, Esquire
Identification No. 12248 ATTORNEY FOR PLAINTIFF
Two Penn Center Plaza
Suite 900
Philadelphia, PA 19102-1799
(215) 563-7000
NORWEST MORTGAGE, INC. COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
Vs. CUMBERLAND COUNTY
GARY P. DAVIS NO. 99-3421 CIVIL TERM
Defendant(s)
TO: GARY P. DAVIS
172 FAITH CIRCLE
CARLISLE, PA 17013
DATE OF NOTICE: JULY 23, 1999
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A LIEN
AGAINST PROPERTY.
IMPORTANT NOTICE
You are in default because you have failed to enter a written
appearance personally or by attorney and file in writing with the
court your defenses or objections to the claims set forth against
you. Unless you act within ten (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 BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Frank Federman, Esquire
Attorney for Plaintiff
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(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NORWEST MORTGAGE, INC. )
Plaintiff NO. 99-3421 CIVIL TERM
VS.
GARY B. DAVIS )
Defendants
Notice is given that a Judgment in the above-captioned
matter has been entered against you on AUGUST ) SO , 1999.
By: /s \ 15 ???4 V • Wn? y
If you have any questions concerning this matter, please
contact: ??
FRANKF DERM ES
QUIRE
Attorney for Party Filing
Twoo Penn Center Plaza, Suite 900
Philadelphia, PA 19102
(215) 563-7000
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A
DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR
THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A
DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE
CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
t
PRAECTPE FOR WRIT OF EXECU'T'ION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180-31133
NORWEST MORTGAGE, INC. COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Plaintiff NO. 99-3421 CIVIL TERM
Vs.
GARY B. DAVIS PRAFCIPR FOR WRIT OF F.xFCUTION
(MORTCAGF FORFCI.OSURE)
Defendant(s)
TO THE DIRECTOR
Issue writ of
Amount Due
Interest f
12/8/99
(PER DIEM
OF THE OFFICE OF THE PROTHONOTARY:
execution in the above matter:
$105,896.86
rom 8/13/99 TO $ 2,054.38 and Costs
- $17.41)
$107,951.24 TOTAL
FRANK FEDERMAN, ESQUIRE
TWO;PENN CENTER PLAZA
SUITE 900
PHILADELPHIA, PA 19102
Attorney for Plaintiff
Note: Please attach description of property.
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DESCRIPTION
ALL THAT CERTAIN lot or parcel of ground with the improvements thereon erected situated and
being in the North Ward of the Borough of Newville, County of Cumberland, and Commonwealth
of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a corner on Parsonage Street; thence along said Street, East 40 feet to lands now or
late of William Patton's heirs; thence by said lands, South 180 feet to Liberty Alley; thence by said
Alley, West 40 feet to lot now or late of Samuel A. Davidson; thence by the last mentioned lot 180
feet to the place of beginning.
BEING improved with a dwelling house known as 40 Parsonage Street, Newville, PA.
Tax Map Number: 20-1754-088
TITLE TO SAID PREMISES IS VESTED IN Gary B. Davis by Deed from Joseph C. Carminati
dated 1/8/98, recorded 1/12/98, in Deed Book 170, Page 748.
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FEDERMAN and PHELAN
By: FRANK FEDERMAN
Identification No. 12248
Suite 900
Two Penn Center Plaza
Philadelphia, PA 19102
(215) 563-7000
ATTORNEY FOR PLAINTIFF
NORWEST MORTGAGE, INC. CUMBERLAND COUNTY
. COURT OF COMMON PLEAS
CIVIL DIVISION
vs.
GARY B. DAVIS
NO. 99-3421 CIVIL TERM
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 GARY B. DAVIS is over 18 years of age
and resides at 172 FAITH CIRCLE, CARLISLE, PA 17013.
This statement is made subject to the penalties of 18 Pa.
C.S. Section 4904 relating to unsworn falsification to authorities.
;FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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FEDERMAN and PHELAN
By: FRANK PEDER14AN
Identification No. 12248
suite 900
Two Penn Center Plaza
Philadelphia, PA 19102
(215) 563-7000
NORWEST MORTGAGE, INC.
VS.
GARY B. DAVIS
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 99-3421 CIVIL TERM
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
(XX) 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.
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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NORWEST MORTGAGE, INC.
vs.
GARY B. DAVIS
-•._.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
. NO. 99-3421 CIVIL TERM.
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
NORWEST MORTGAGE. INC. , Plaintiff in the above action, by its
attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the
Praecipe for the Writ of Execution was filed the following
information concerning the real property located at 40 PARSONAGE
STREET NEWVILLE. PA 17241.
1. Name and address of Owner(s) or reputed owner(s):
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
GARY B. DAVIS
172 FAITH CIRCLE
CARLISLE, PA 17013
2. Name and address of Defendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
SAME AS ABOVE
3. Name and 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 so indicate)
NONE
4. Name and address of the last recorded holder of every mortgage
of record:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
AMERICAN GENERAL 6 SOUTH HANOVER STREET
FINANCE, INC. CARLISLE PA 17013
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 so 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 so indicate)
NONE
7. Name and address of every other person whom the plaintiff has
knowledge who has any interest in the property which may be
affected by the sale:
NAME LAST KNOWN ADDRESS (i£ address
cannot be reasonably ascertained,
please so indicate)
TENANT/OCCUPANT 40 PARSONAGE STREET
NEWVILLE, PA 17241
DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET
CUMBERLAND COUNTY CARLISLE PA 17013
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 lA Pa. C.S. Sec. 4904 relating
to unsworn falsification to authorities.
August 13, 1999
DATE
FRANK FEDERM , ESQUIRE
Attorney for Plaintiff
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NORWEST MORTGAGE, INC.
Vs.
GARY B. DAVIS
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 99-3421 CIVIL TERM
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
August 13, 1999
TO: GARY B. DAVIS P.O. BOX 1006
172 FAITH CIRCLE CARLISLE, PA 17013
CARLISLE, PA 17013
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A
DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR
THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A
DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE
CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
Your house (real estate) at 40 PARSONAGE STREET, NEWVILLE, PA
17241, is scheduled to be sold at the Sheriff's Sale on DECEMBER 8,
1999 at 10:00 a.m. in the Cumberland County Courthouse, South
Hanover Street, Carlisle, PA 17013, to enforce the court judgment
of $105,896.86 obtained by NORWEST MORTGAGE, INC. (the mortgagee)
against you. If the sale is postponed, the property will be
relisted for the MARCH 1. 2000 Sheriff's Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's sale, you must take immediate
action:
1. The sale will be cancelled if you pay to the mortgagee
the back payments, late charges, costs and reasonable
attorney's fees due. To find out how much you must pay,
you may call: 215 563-7000_
2. You may be able to stop the sale by filing.a petition
asking the Court to strike or open the judgment, if the
judgment was improperly entered. You may also ask the
court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
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Liwm.a.
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 proposed schedule of distribution of the money
bid for your house will be prepared by the Sheriff not later than
thirty (30) days after the sale. The schedule shall be kept on
file with the Sheriff and will be made available for inspection in
his office. The 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 filing of
the proposed schedule.
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 ATORNEY REFERRAL
CUMBERLAND COUNTY BAR ASOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
DESCRIPTION
ALL THAT CERTAIN lot or parcel of ground with the improvements thereon erected situated and
being in the North Ward of the Borough of Newville, County of Cumberland, and Commonwealth
of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a corner on Parsonage Street; thence along said Street, East 40 feet to lands now or
late of William Patton's heirs; thence by said lands, South 180 feet to Liberty Alley; thence by said
Ailey, West 40 feet to lot now or late of Samuel A. Davidson; thence by the last mentioned lot 180
feet to the place of beginning.
BEING improved with a dwelling house known as 40 Parsonage Street, Newville, PA.
Tax Map Number: 20-1754-088
TITLE TO SAID PREMISES IS VESTED IN Gary B. Davis by Deed fi•om Joseph C. Carminati
dated 1/8/98, recorded 1/12/98, in Deed Book 170, Page 748.
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FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
TWO PENN CENTER PLAZA, SUITE 900
PHILADELPHIA, PA 19102
1215) 563-7000
NORWEST MORTGAGE, INC.
5024 PARKWAY PLAZA BOULEVARD
CHARLOTTE, NC 28217
V.
Plaintiff
GARY B. DAVIS
40 PARSONAGE. STREET
NEWVILLE, PA 17241
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. 9 9-3 vai 04i4=! 7:e-.
CUMBERLAND COUNTY
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
NOTICE
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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
1. Plaintiff is
NORWEST MORTGAGE, INC.
5024 PARKWAY PLAZA BOULEVARD
CHARLOTTE, NC 28217
2. The name(s) and last known address(es) of the Defendant(s)
are
GARY B. DAVIS
40 PARSONAGE STREET
NEWVILLE, PA 17241
who is/are the mortgagor(s) and real owner(s) of the
property hereinafter described.
3. On 1/8/98 mortgagor(s) made, executed and delivered a
mortgage upon the premises hereinafter described to
FAIRFIELD MORTGAGE CORPORATION which mortgage is recorded in
the Office of the Recorder of CUMBERLAND County, in Mortgage
Book No. 1426, Page 133. By Assignment of Mortgage recorded
12/7/98 the mortgage was assigned to PLAINTIFF which
Assignment is recorded in Assignment of Mortgage Book No.
596, Page 828.
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 2/1/99 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. A copy of such notice is
attached as Exhibit "A."
The following amounts are due on the mortgage:
Principal Balance $95,285.34
Interest 3,291.03
1/1/99 through 6/1/99
(Per Diem $21.51)
Attorney's Fees 4,764.00
Cumulative Late Charges 142.56
1/8/98 to 6/1/99
Cost of Suit and Title Search 550.00
Subtotal 104,032.93
Escrow
Credit
Deficit
0.00
272.19
Subtotal
TOTAL
272.19
$104,305.12
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 come under Act 6 of 1974 because the
original mortgage amount exceeds $50,000.00.
The Temporary Stay as provided by the Homeowner's
Emergency Mortgage Assistance Program, Act 91 of 1983,
has terminated because either:
(i) Defendant(s) have failed to meet with the Plaintiff or
an authorized Credit Counseling Agency in accordance
with Plaintiff's written Notice to Defendants, a true
and correct copy of which is attached hereto as Exhibit
"Bn, or
(ii) Defendant(s) application for assistance has been
rejected by the Pennsylvania Housing Finance Agency.
10. 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.
WHEREFORE, PLAINTIFF demands an ii rem Judgment against the
Defendant(s) in the sum of $104,305.12, together with interest
from 6/1/99 at the rate of $21.51 per diem to the date of
Judgment, and other costs and charges collectibl under the
mortgage and for the foreclosure sa o the ortgaged
property.
s rank man
FRANK EDERMAN, ESQUIRE
Attorney for Plaintiff
=2E06Q
004054
April 5. 1999
ary . is
Dav
400 ParBsonage St.
NewvItle Borough PR
Norwest Mortgage, Inc.
Building 7
P.O. Box 1225
Charlotte. NC 28201-1225
534#4203/004054/685
17241
RE: Norwast Loan Number 5344203
Mortgagor(s): Garyy B. Davis
Mortgaged Promises: 40 Parsonago St.
Newvllle Borough, PR 17241
N,?)IICE_DE_ItlIEtlIIQtl_IG_E48EGLgSE_tl4BIG8GE
DEAR BORRONERSe
The mortgage held or serviced by NORNEST MORTGAGE, INC. (harelnafter we, us, or ours) on
your property located at 40 Parsonage St., Newvllle Borough, PA, IS IN SERIOUS DEFAULT
because you've not made the monthly payments since February 1, 1999 through today. Late
charges and other charges h:"4 also accrued to this date. The total amount now required to
cure the default, or in otter wurds, bring your loan current, is calculated below.
3 Payments 9 803.91 Totaling $ 2,411.73
Total Accrued Unpaid Late Charges S 142.56
(Monthly Late Charge S 35.64)
Suspense Balance s - S. 0.00
Miscellaneous Faes 5 0.00
Total Delinquency as of April 5. 1999 S 2,554.29
Payments due within the next " days Totaling $ 803.91
Total due to cure default and bring loan current as of May 5. 1999 S3,358.20
Total due to cure default and bring loan current as of May 5. 1999 $3,35B.20
You may cure this default within THIRTY (30) Days of the date of this letter, by paying to
us the above amount of 52.554.29 plus any additional monthly payments and late charges
which may fall due during this period. Such payment must be made either by cash, cashier's
checK, or Tone order to Norwest Mortgage, Inc.. P.O. Box 0057, Palatine. IL 60055-0057,
telephone a 1-80?-551-9808.
If you do not cure the default within THIRTY (30) days. of the date of this letter, we
intend to exercise our right to accelerate the mortgage payments. This means that whatever
Is owing on the original amount borrowed will be considered due Immediately and you may
lose the chance to pay off the original mortgage In monthly Installments.
Ple+se see following pages.
EX'HISITA
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004053
Norwest Mortgage, Inc.
Building 7
P.O.Box 1225
Charlotte, NC 28201-1225
April 5, 1999
Gary B Davis 534420VOO4053i685
Box 1006
Carlisle. PA 17013
RE: Norwest Loan Number 5344203
Mortgagor(s): Gary B. Davis
Mortgaged Promises: 40 Parsonage St.
Newville Borough, PA 17241
tlQIICE_QE_IClIEt1II4l1_IQ_EQBECLt75E_tlQ8IG8GE
DEAR BORROWERS:
The mortgage held or serviced by NORWEST MORTGAGE, INC. (hereinafter we, us, or ours) on
our property located at 40 Parsonage St., Newvllle Borough, PA. IS IN SERIOUS DEFAULT
ecause you've not made the monthly payments since February 1, 1999 through today. Late
charges and other charges have also accrued to this date. The total amount now required to
cure the default. or in other words, bring your loan currant, is calculated below.
3 Payments 0 803.91 Totaling S
2,411.73
Total Accrued Unpaid Late Charges S 142.56
(Monthly Late Charge S 35.64)
Suspense Balance S S 0.90
Miscellaneous Fees $ 0.00
Total Delinquency as of April 5, 1999 $ 2,554.29
Payments due within the next 30 days Totaling S 803.91
Total due to cure default and bring loan current as of May 5, 1999 S3,358.20
Total due to cure default and bring loan current as of May 5, 1999 $3,358.20
You may cure this default within THIRTY (30) Days of the date of this letter, by paying to
us the above amount of SZ.SS4.29 plus any additional monthly payments and late charges
which may fall due during this period. Such payment must be made either by cash, cashier's
check, or money order to Norwest Mortgage, Inc., P.O. Box 0057, Palatine, IL 60055-0057,
telephone tt 1-800-551-9808.
If you do not cure the default within THIRTY (30) days of the data of this letter, we
Intend to exercise. our right to accelerate the mortgage payments. This means that whatever
Is owing on the orlgtnal amount borrowed will be considered duo Immediately and you may
lose the dhaoce to pay off the original mortgage In monthly Installments.
Please see following pages.
i
? I ?kNIg?TA
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004053
f full payment of the amount of the default is not made within THIRTY (301 JDAYS, 148 ed tff (er also
foreclosed, your tortgaged property will be sold by a S
mend to instruct our attorney(s) to start fathe tmort age foreclose yIfrgou rcure therdefauyt
;f t he mortgage I s f a
it her similar official(s) sale to agPai9nst you, ayu w[ l swell have o py the reasonable , if Incurred, up the reasonable attorney(s) feeslevencefdines are
before we begin legal Proceedings
sttorney<s) fees ac oulwlll have to pay
over S5o.00. Any attorney(s) fees will be added to whatever you owe the lender, wh c may
started agyainst you. y
also Include their reasonable costs. If gou(cure the default within the THIRTY (30) DAY
period you will not be required to pay
We may also sue you personally For the unpaid principal balance and all other sums due
under the mortgage.
proceedinhave hanot begun, cured youesttllahave thehrtghthto cuReYthe 0de?aultsanddpreven eflt at any g trtheosate
an
time up to one hour a beIfonre the the total Sheriff s) amount orofottheher siunpamilidar mo off ihleyepal(s) payments plus foreclosure
nected with
sale. You ma do sa by p 9
other charges the due, as well the reasonable attorney(s) foot and costs con
and yperas form any other re uirements under the mortgage. It is
the aced foreclosure sale, qq other no des of the date of t
eouldbe held wthe ouldabelapproximatthat ely sixhmonthsrfromstoday tsimilar ohe ate o sa e ent Sheriff(s) slmllar official is ) sale tent well beto you
lofwciourse,
out at
thee default pay) increase the longer you watt. You may find out at
long rlyou w at thYo may he
amount needed towhatcure t
any time exactly yy
mo ay o55ti Poe . made palmett umust the address statedcabover's check, certified chat or
You should realize that a Sheriff(s) or other similar officials/ sale will and your
t our rl In in it. If you continue to
similar official(s) sale. a lawsuit Sheriff (S
ownershlP of the mortgaged property and y
love in the property after the ty an y or otht her to rata
could be started to evict you. g
You shall have the right to assert in the foreclosure proceedin s, the nonexistence a a
other defense that you may have to acceleration or foreclosure.
default or any Interest in tharWnnoaowVPONEE
If you cure this def auft, sou arernot9 entitlede toe the
default had occured. However, y ir Debt Cot
than three timeshat inythe calendar your loane lsa in default,
to notlfgg y
collect tF+e debt and any fn/ormatfon obtained will be use
Sincerely,
Theresa Davenport
Norwest Mortgage Code Stripes IL
Default we Wes Dternr Ln¢on insert City
red to the same position as If no
s rlggl ht to cure your default more
l Norwast Mortgage will attempt to
for that purpose.
EXHISITA
= C 06
004053
IMPORTANT: NOTICEOOFCHOMEOWNERS,
ACT 1 EMERGENCY MORTGAGE ASSISTANCE PROGRAM
PLEASE READ THIS NOTICE.
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
Date: Rprll 51 1999
Re: 5344203
To: Gary B. Davis
You may be eligible for financial assistance that will prevent foreclosure on your mortgagef
if ydu Comply with the Provisions of the Homeowners' Emergency Mortgage Assistance Act o
1983 (the Act"). You may be eligible for emergency tamporary assistance if your default
has been caused by circumstances beyond your control, you have a reasonable o P act of
resuming your mortgage payments, and if you meet other eligibility requtrements established
by the ennsyLvania Housing Finance Agency. Please read all of this Notice. It contains
an explanation of your rights.
Undery the Act, you are entitled to a temporary sta of ggforeclosure on your mortgage for
attend a30face-tyo-face" meetingawith a representativeBofi th is h lende?e oruwitht aadesignated
consumer credit counseling agency. The purpose of this meeting !s to attempt to work out a
repayment plan, or to otherew(se settle your delinquency. This meeting must occur In the
next (30) days.
If you attend a face-to-lace meeting with this lender, or with a consumer credit counseling
agency identified in this notice, no further proceeding In the mortgage foreclosure maw
take place for thirty (30) days after the date of this meeting. The name, address and
telephone number of our representative is.
Theresa Davenport
Norwest Mortgage, Inc.
5024uParkwagarPlaza Blvd., Btd 7
Charlotte, North Carolina 28217
Telephone Not 1-800-551-9808
The names and addresses of designated consumer credit counseling are shown on the attached
sheet. It is only necessary to schedule one Face-to-face meeting. You should advise this
lender Immediately of your Intentions.
principalt9and Interest, asureqyuired.lsforyauperiave od ofailed leastps)xly o(60)ydogs. The total
ofcS2.411.73hthrouglhgtheccurrent month, includes he monthI paments
are
unable to resolve this problem at or after your face-to-face meeting, you have the right to
apply for financial assistance from the Homeowners' Emergency Mortggagge Assistance Fund. In
order to do this, you must fill out, sign and file a completed Homeowners' Emergency
Asslstance Application with one of the designated consumer credit counseling agencies a
listed on the attachment. An application for assistance may only be obtained from a
consumer credit counselingg agency. The consumer credit counseling ageney wilt assist you
In fillingg out your application and will submit your completed application to the
Pennsylvania Housing Finance llgency, Your application must be filled or postmarked, within
thirty (30) days of your face-to-face meeting, gg g
if lyaa tdomtn0 lmfeltOwt thet o theri t tmeoperiods l sett forth IntthIs Lett er,d foreclosure may
proceed against your home Immediately.
Avallable funds for emergencyy mortgage assistance are vtr99 Llmlted. They will be disbursed
by the Agency under the et(giblltty Criteria established by the Act.
It Is txtremelu Imrcrtant that your application Is sixty and complete In every respect.
The receivesngave application. Duringathattadditionalxtlme, eo forecto mae a decision losure proceedings after
wILI be
pursued aggof nst ygou 1/ you have met the time requirements set forth above. You will be
notified dlreetly by the AgenCy of Its decls ton on your appllcatlon.
The Pennsylvanla Houslna Finance Agency Is located at 2101 North Front Street, Post Office
Box 8029. Harrisburg, Pennsylvanla 17105. Telephone No. (717) 780-3800 or 1-800-342-2397
(tot( fete number). Persons with impaired hearing can call 1-800-346-1869 (toll free
number).
In additlon you may roe 0Ive another notice from this lender under Act 6 of 1974. That
notice Is called a "Notice of Intent tan to Foreclosure". You must read both not Ices, since
they both explain rights that you now have under Pennsylvania Law. However, If you Chaos*
jo exercise our rights descr lbed In this notlCo. you cannot be /oraelosed upon while you
re receiving that assistance.
woosims 0 06 ® EXHIBIT B
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
The Commonwealth of Pennsyluanla's Homeowner's Emergencyy Mortgage Asslstance Program may be
able to help you. Read the following notice to /lnd out how the program works. If you
need more Information call the Pennsytuania Housing Finance Agency at 7-800-342-2397.
La notification an adlunto as de sum: Impartancla, pues afecta su derecho a contlnuar
ululendo an su case. Si no comprend• el eontonldo de efts notifieaelan obtenga una
traducclon Immedlatamente llamanda esta agenela (Penneyy vanla Housing Finance Agency) stn
cargos at numero menclanada arriba. Puedes ser eleglVal pare un prestamo par at programa
llamado Homeowner's Emergency Mortgagge Assistance Program" at cual puede sa(uar su casa de
to predlda del derecho a redimir su hlpoteca.
Please see following page.
5g?
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EXHIBIT B
I he',ji. bblhlpai it lr r gHlf net 'i uu I1yin "Na nvIi u.n.+?...... - .._ ...
to axerelie your rights described In this notice, yeu cannot be loreclosad'upon'while you
are receiving that assistance. -
D 06 =
004053
APPENDIX C
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
CUMBEOLM-C4t1NIY
Financial Counseling Services of Franklin
31 West 3rd Street
Weynesboro, PA 17768
(777) 762-3285
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX" (717) 234-9459
Community Action Commission of the Capital Region
1514 Derry Street
Harrisburg. PA 17104
(717) 232-9757
FAX# (717) 234-2227
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717)243-3818
FAXU (717) 731-9589
The Pennsylvania sous Ing Finance Agency can be reached TOLL FREE at 1 (800) 342-2397.
EXHIBITS
ALL THAT CERTAIN lot or Parcel Of ground With the improvementa thereon
m=ooted situated and being in the North Ward o! the.Borough of, Nawvillm,
County of Cumberland, and Commonwealth of Pennsylvania, bounded, and
described as follows, to wit:
BEGINNING at a corner on Parsonage street; thence alonQ.aaid;.&tramt, East
40 foot to lands now or late of William Patton•a heirs; tjj4A`w;by said.
lands, South 180 feet to Libasty Alley; thence by said Allay,; West 40 feet
to lot now or late of Samuel A. Davidson; thence by the last mentioned lot
180 feet to the place of BEGINNING.
BEING improved with, a dwelling house known as 40 Paraonage Street,
Nsaville, PA.
BEING THE-SAME.. BR.EMISES.,t hat George D. Rife, David L. Rife, Dallas W. Rife,
II, and'dantl"R:'C}?iffim by. ds d to be recorded herewith in th6 0£ficm of
the Rs?or$er'?d?°;"Aee3a"iH"and qor Cumberland County, penneylvanla, granted
and co?ve?6'il' t{tytn ",}dddiph"C: CYrminati, his hel ro and assigns.
TAX MAP NUMBER is 20-1754-088
VERIFICATION
TIMOTHY O'HRIEN hereby states that he/she is ASSISTANT VICE-
PRESIDENT of NORWEST MORTGAGE, INC. mortgage servicing agent for
Plaintiff in this matter, that he/she is authorized to take this
Verification, and that the statements made in the foregoing civil
Action in Mortgage Foreclosure are true and correct to the best of
his/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 unsworn falsification to
authorities.
Z
TIMOT P. 0'B IEN; ASST. VICE PRESIDENT
DATE: b1311 1
SHERIFF'S RETURN - NOT FOUND
CASE NO: 1999-03421 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NORWEST MORTGAGE INC
VS.
DAVIS GARY B
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: DAVIS GARY B
but was unable to locate Him in his bailiwick. He therefore returns
the COMPLAINT - MORT FORE
NOTICE
NOT FOUND , as to the within named defendant
DAVIS GARY B
DEFT MOVED AND LEFT NO FORWARDING ADDRESS WITH THE
POST OFFICE.
Sheriff's Costs: So answe
Docketing 18.00r
Service 7.44
NOT FOUND RETURN 5.00
Surcharge 8.00 om s ine, eri
$38:44' FEDERNAN AND PHELAN
06/14/1999
Sworn and subscribe to before me
this day of,
1999 A.D. ???`??"
r n r
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;moo arr«ofi rn ?of w urmx
fiLLO ? leJil 31 tl1: 11tl
FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
TWO PENN CENTER PLAZA, SUITE 900
PHILADELPHIA, PA 19102
(215) 563-7000
NORWEST MORTGAGE, INC.
5024 PARKWAY PLAZA BOULEVARD
CHARLOTTE, NC 28217
V.
Plaintiff
GARY B. DAVIS
40 PARSONAGE STREET
NEWVILLE, PA 17241
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. 0/' 9 • 3 q,,1 / &;,,z 7"!,.,
CUMBERLAND COUNTY
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
NOTICE
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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 PAPFR 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
c?lBrlA(9byC?(r?Yfhe CARLISLE, PA 17013
vAthintobeatrue 8nd (717) 249-3166
correct copy of the
original filed of record TRUE COPY FROM RECORD
FEDERMAN AND PHELAN in Testlmony whereof, I here unto set my hand
and the seat of sald at Carlisle, Pa.
Tht g ay 1OIL-
_? ?rolhenotary
t
1. Plaintiff is
NORWEST MORTGAGE
INC
,
.
5024 PARKWAY PLAZA BOULEVARD
CHARLOTTE, NC 28217
2. The name(s) and last known address(es) of the Defendant(s)
are
GARY B. DAVIS
40 PARSONAGE STREET
NEWVILLE, PA 17241
who is/are the mortgagor(s) and real owner(s) of the
property hereinafter described.
3. On 1/8/98 mortgagor(s) made, executed and delivered a
mortgage upon the premis
es hereinafter described to
FAIRFIELD MORTGAGE CORPORATION which
mortgage is recorded in
the Office of the Recorder of CUMBERLAND County
Book No
i
1426
M
,
.
n
ortgage
, Page 133. By Assignment of Mortgage recorded
12/7/98 the mortgage was assi
ned t
g
o PLAINTIFF which
j Assignment is recorded in Assignment
f
+
o
J
Mortgage Book No.
596, Page 828.
4. The premises subject to said mortgage is described
attached
.
as
5. The mortgage is in default because monthly payments of
c
a
t
each
month
thereafter
areodueaandm
unpaid, and by the terms
I of said mortgage, upon failure of mortgagor t
a
a
t
p
ymen
o m
ke such
s after a date specified by written notice sent to
Mortgagor, the entire
i
pr
ncipal balance and all interest due
thereon are collectible forthwith
. A copy of such notice is
I, attached as Exhibit °A.°
w
p ti:
r474?y
.h.
6. The following amounts are due on the
Principal Balance mortgage:
Interest $95,285.34
1/1/99 through 6/1/99 3,291.03
(Per Diem $21.51)
Attorney's Fees
Cumulative Late Charges 4,764.00
1/8/98 to 6/1/99 142.56
Cost of Suit and Title Search
550.00
Subtotal
104,032.93
Escrow
Credit
Deficit 0.00
272.19
Subtotal
272.19
TOTAL
$104,305.12
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 v
8.
9.
Sale, reasonable attorneyfstfees willebescharged. to the
This action does not come under Act 6 of 1974 because the
original mortgage amount exceeds $50,000.00.
The Temporary Stay as provided by the Homeowner's
Emergency Mortgage Assistance Program, Act 91 of 1983,
has terminated because either:
(i) Defendant(s) have failed to meet with the Plaintiff or
an authorized Credit Counseling Agency in accordance
with Plaintiff's written Notice to Defendants, a true
and correct copy of which is attached hereto as Exhibit
"B"; or
(ii) Defendant(s) application for assistance has been
rejected by the Pennsylvania Housing Finance Agency.
10. 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.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the
Defendant(s) in the sum of $104,305.12, together with interest
from 6/1/99 at the rate of $21.51 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.
/s/ Frank Federman
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
%
ME06
004054
I
i I Buildin M7rtgage, Inc.
P.O. Box 1225
Charlotte, NC 28201-1225
April 5, 1999
GM B. Davis 5344203/004054/685
40 N6wvltlenBorough PR 17241
RE: Norwest Loan Number 5344203 I
Mortgagor(s): Gary B. Davis
Mortgaged Promises: 40 Parsonage St. -
Nowvltle Borough, PR 17241
ti>iIEGE_QE_INIENIIQtl_IQ_EpgEGLQSE_tl46ISe8QE
DEAR BORROWERS:
The mortgage hold or serviced by NORWEST MORTGAGE, INC. (hereinafter we, us, or ours) on
your property located at 40 Parsonage St„ Newvllle Borough, PA, IS IN SERIOUS DEFAULT
charges u other n charmaseh:hn monthly payments since February 1, 1999 through today. Late
cure the he adefault, or In other walso accrued to this date. The total amount now required to
bring your loan current, is calculated below.
3 Payments p 803.91
Totaling S 2,411.73
Total Accrued Unpaid Late Charges
(Monthly Late Charge S 35.64) $ 142.56
Suspense Balance S
S 0.00
Miscellaneous Fees '.
Total Delinquency as of April 5, 1999 S 0.00
Payments due within Cie next ';C S 2,554.29
daysTotaling S 803.91
Total due to cure default and bring loan current as of May 5, 1999 -
Total due to cure default and bring loan current as of May 5, 199. S3,358.20
You may cure this default within THIRTY (30) Days of the date of this tatter, by peg e
us the above amount ggof 52,554.29 plus any additional monthly payyments and lateacharrges
check, ma or famoneUeordernt0 NorwestlMortgage,? Inc.. P•DD. Box e0057,, elatlnoy Slsh60055h0057s
telephone a 1-809-551-9808. P
If you do not cure the default within THIRTY (30) days of the date of this totter, we
Intend to exercise our right to accelerate the mortgage pa ment%. This means that whatever
Is owing on the original amount borrowed will be considered due Immediately and you may
lose the chance to pay off the original mortgage In monthlylnstallments.
Please see (ollowing pages. - -
EX'H(B1TA
?F06®
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April S. 1999
004053
Gary B. Davis
Box 1006
Carlisle PA 17013
Norwest Mortgage, Inc.
Building 7
P.O. Box 1225
Charlotte, NC 28201-1225
5344203,004053/685
RE: Norwest Loan Number 5344203
Mortgagar(s): Gary B. Davis
Mortgaged Premises: N40 ewvillenBorough, PA 17241
tl4IICE_DE_ItlIEtlIIDtl_IC_E4BECL45E_tlDBI@8GE
DEAR BORROWERS:
The mortgage held or serviced by NORWEST MORTGAGE, INC. (hereinafter we. us, or ours) on
your property located at 40 Parsonage St .. Nawville Borough, PA, IS IN SERIOUS DEFAULT
because you've not made the monthly payments since February 11 1999 through today. Late
cure 9 the adefault,.or aineother ewords, abringdgourtLoandcurrentThe to t , is calculated below?qulred to
3 Payments 0 803.91 Totaling'. S 2,411.73
Total Accrued Unpaid Late Charges S 142.56
(Monthly Late Charge S 35.64)
Suspense Balance S - S 0'00
Miscellaneous Fees S 0.00
Total Dalinquency as of April 5, 1999 S 2,554.29
Payments due within the next 30 days Totaling S 803.91
Total due to cure default and bring loan current as of May 5, 1999 53,358.20
Total due to cure default and bring loan current as of May 5, 1999 53,358.20
You may cure this default within THIRTY (30) Days of the date of this letter, by paying to
us the above amount of 52.554.29 plus any additional monthly payments xnd late charges
which may fall due durin this period. Such payment must be made either by cash. cashier's
check or, money order a Mortgage. Inc.. P.O. Box 0057, Palatine. IL 60055-0057,
If you do not cure the default within THIRTY (30) days of the date of this letter, we
Intend to exercise our right to accelerate the mortgage payyments. This means that whatever
mortgagel Inemonthlye installmentsdlately and you may
lasso thegchance t to Pau of/athe orrowed
Please see following pages.
?xNIBIT?
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9
Y.
MB06moiiiiiii
®B 06®
004053
If full payment of the amount of the default is not made within THIRTY (30) gDgRYS, we also
Intend to Instruct our attorney(s) touhaTar4fagedupropertyrwlllsbeysotdmbytia5her(ff(s)tor
(f the mortgage is foreclosed, yo
other similar offlcfal(s) sale to pay of the mort age debt. If you cure the deface)
wl l still have to pay the resYOnab e
to 550.00. However, if legal proceedings are
before we begin legal proceedings against you, at
attorney(s) fees actually Incurred, up
started against you. you will have to pay the reasonable attorney(s) fees even if they a
over 550.00. Any attorney(s) fees will be added to whatever you owe the lender, which may
perlodiyouudo theirberraquiabletcosts attorney cure the default within the THIRTY (30) DAY will n He may also sue you personally for the unpaid principal balance and all other sums due
under the mortgage.
If you have not cured the
proceedings have begun, you s
at any time up to one hour be
sale. You may do so by pa
other charges then due, as wet)
the foreclosure sale, and P
estimated that the earliest d
could be Sheriff(s) or lsimitar off lclat(
amount imeneeded
gL
exaetly what ethe•yyredef
money orde9eand made tpayMeetc
You
ownsrshlptdofrethe mortgaged
live In the property a, ter
default within the THIRTY (30) DAY period and foreclosure
Ill have the night to cure the default and prevent the sale
.are the Sheriff s) or other similar offlciaa mentsrplussan
ing the total amount of the unpaid monthly p y
as the reasonable attorney(s) fees and costs connected wit
irform any other requirements under the mortgage. It is
ste that such a Sheriff(s) or other similar official(s) sale
Kimately six months from today. A notice of the date of the fore t ault sate will will
increase youngebiyou wait.saYou may findsout the
trod
must be ayment wilt
cash. cashier'sscheck.iecertified9checkeor
made by be.
us at the address stated above.
propertysand yourtrilhtltolremainlinait. iflyoulbbntinusoto
the Sheriff (s) or other similar official(s) sale. a lawsuit
could be started to ev ct 90u-
to You shall have the right to assert in the caccelerattoneorntas. the rsclosureaxlstene• of a
default or any other defense that you may have in the orooerty.__YOU'VS-THE
If you cure t
default had occu
than throe time
to notify you
collect the debt
Sincerely,
the mortgage wl
you are not entl
want your LoaneIsa
r mat fan obtained w
d to the same Po'
rigght to cure yol
ctfon Practices
lorwest Mortgage
or that purpose.
s if no
It wore
Ire% us
empt to
Theresa Davenport
Norwest Mortgag
IL
Imnt e /l?
Default MA eaNrwewesOtPnrunion insert City Code Stripes EXl lt`JtTi?
MC 06=
004053
ACT 91 NOTICE
IMPORTANT: NOTICE OF HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
PLEASE READ THIS NOTICE.
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
Date: Aril 51 1999
Re: 5344203
To: Gary B. Davis
You may be eligible for financial assistance that will prevent foreclosure on your mortgage
you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of
1983 (the Act"). You may be eligible far emergency temporary assistance If your default
has been caused by circumstances beyond your control, you have a reasonable prasPact of
resuming your mortgage payments, and If you meet other eltgibility requirements established
by the Pennsylvania Housing Flnanee Agency. Please read alt of this Notice. It contains
an explanation of your rights.
Under the Act, you are entitled to a temporary stag of foreclosure on your mortgage for
thin (30) days from the date of this Notice. During that time you must arrange and
attend a "face-ta-face" meeting with a representative of this lender, or with a designated
consumer credit counseling agency. The purpose of this meeting Is to attempt to work out a
repayment plan, or to otherwise settle your delinquency. This meeting must occur in the
next (30) days.
If you attend a face-to-face meeting with this lender, or with a consumer credit counseling
agency identified in this notice, no further proceeding In the mortggage foreclosure ma
take place for thirty (30) days after the date of this meeting. TFe name, address and
telephone number of our representative is:
Theresa Davenport
Norwest Mortgage, Inc.
Default Department-MS 125402
5024 Parkway Plaza Blvd., Bldg 7
Charlotte, North Carollna 28217
Telephone Not 1-800-551-9808
The names and addresses of designated consumer credit counseling are shown on the attached
sheet. It is only necessary to schedule one face-to-face meeting. You should advise this
lender immediately of your intentions.
Your mortgage is In default because you have failed to pay promptly installments of
principal and Interest, as required, for a period of at least sixty (60) days. The total
amount of the delinquencu is 8 ,554.29. This sum Includes the following: monthly payments
of $2.411.73 through the current month, plus charges of $142.56. If you have tried and are
unable to reso(ve this probtem at or after your face-to-face meeting, you have the right to
apply for financial assistance from the Homeowners' Emergency Mortya9e Assistance Fund. In
order to do this, you. must fill out, sign and file a completed Homeowners' Emergency
Assistance Application with one of the designated consumer credit counseling agencies
listed on the attachment. An application for assistance may only be obtained from a
consumer credit counselin agency. The consumer credit counseling agency will assist you
in filling out your application and witl submit your completed application to the
Pennsylvania Housing Finance Agency. Your appllcation must be filled or postmarked, within
thirty (30) days of your face-to-face meeting.
It is extremely important that you file your application promptly If you do not do so. or
if you do not follow the other time periods set forth in this letter, foreclosure may
proceed against your home Immediately.
Available funds for amrrgenc9 mortgage assistance are vergg limited. They will be disbursed
by the Agency under the eligiblllty criteria established by the Re t.
It is extremely important that your application is accurate and complete In every respect.
The Pennsylvania Housing Finance Agencg has sixty (60) days to make a decision after It
recalws your application. During that additional time, no foreclosure proceedings will be
pure uad against yyou if you have mot the time requirements set /orth above. You will be
notified directly by the Agency of Its declslon on your application.
The Pennsylvania Housing Finance Agency is located at 2101 North Front Street. Post Office
Box 8029. Harrisburg, Pennsylvania 17105. Telephcne No. (717) 780-3800 or 1-800-342-2397.
(toll free number). Parsons with Impaired hearing can. call 1-800-346-1869 (toll free
number). '
In addition you may receive another notice from this lender under Act 6 of 1974. That
notice is called a "Notice of Intention to Foreclosure". You must read both notices, since
they both explain rights that you now have under Pennsylvania law. However. If you choose
to axerctse your rights described In this notice, you cannot be foreclosed upon while you
are receiving that assistance.
a
u't
=.D 06 ® EXHIBIT 13
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
The Commonwealth of Pennsylvania's Homeowner's Emargeneyy Mortgage Assistance Program may be
able to help 90u. Read the following notice to /lnd out how the program works. If you
need more information call the Pennsylvania Housing Finance Agency at 1-800-342-2397.
La notlficaclon an adlunto as de sums Importancla, puts afacta su derecho a continuer
viviendo an su casa. SI no eomprande at eontenido de eats notifieaclon obtanga una
traduccion Immedlataments llamanda @ Its agencla (Pennsvania Housing Finance R encg) stn
cargos at numero mencionada arriba. Fuedes ser eteglble pars un prestamo por tl programa
its ado Homeowners Emergency Mortgagga Assistance Program' at cual puede salvar su casa de
to predlda del derecho a redlmir su hipoteca.
Ptease see following page.
U
N
®C06®
EXHIBIT B
1 tl'@:? 'CUT lil e;q'( ?l n I' l! go' : c' n nn.• uu w.
g to 'vxdrella Ijaur rI gghnlt desr?UbUa u4 In this notlce.??ou cannot be roreclosid'upon'whtt• you
3 are reee'I vIng that assistance.
N
® D 06
04053
APPENDIX C
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNCONSUMERRCREDITMCOUNSELINGSAGENCIESPROGRAM
CUMBERL9ND-COUNTY
'CCS of Western Pennsylvania. Inc. Financial Counseling Services of Franklin
000 Linglestown Road 31 West 3rd Street
larrisburg. PR 17102 we yes762 3285 17?68
,717) 541-1757
Irban League of Metropolitan Harrisburg YWCR of Carlisle
t. 6th Street 301 G Street
Harrisburg, PR 17101 Carlisle. PR 17013
(717) 234-5925 (717)2 8
FAX# (717) 234-9459 FRXa (771177) ) 731-9589
Community Action Commission of the Capital Region
1514 Derry Street
(717)x23299767 17704
FAX# (717) 234-2227
The Pennsylvanla lousing Finance Agency can be reached TOLL FREE at 1 (800) 342-2397.
EXHIB{r B
y
ME06
ALL THAT CERTAIN lot or parcel of ground with the improvements thereon
erected situated and being in the North Ward of the Borough oL„Newvilla,
County of Cumberland, and Commonwealth of Pennsylvania, boumded•and
described as follows, to wit: _
BEGINNING at a corner on Parsonage Street; thence along'.sai'd:Rtraet, East
40 feet to lands now or late of William Patton•s hairs; tli rioe;by.'maid. fee londar South 1150 foot to Liberty Alley) ththancaybaaAldat,mention.d lot
tc lot now or late of Samuel A. Davidson; Y the
100 feet to the place of BEGINNING.
BEING improved with a dwelling house known as 40 Parsonage Street,
Newville, PA.
BEING THE,.SAME-BREMISSS...that George D. Rita, David L. Rife, Pallas W. Rife,
Ii, Pat Sand'It.,'Wiffir byy d.?d to be recorded herewith in -tho Offica of
the Ra or$q ';oT .13 "d8' ':LW' a or Cumberland County, Pennsylvania, granted
and aoivey1Aa %VYtV ,,Wdayh"C: Clrminati, his hairs and assigns.
TAX MAP NUMBER Tis~20-1754-088
TIMOTHY O'HRIEN hereby states that he/she is ASSISTANT VICE-
of NORWEST MORTGAGE, INC. mortgage servicing agent for
Plaintiff in this matter, that he/she is authorized to take this
Verification, and that the statements made in the foregoing Civil
Action in Mortgage Foreclosure are true and correct to the best of
his/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 unsworn falsification to
authorities.
TIP10T P. 0'II IEN; ASST. VICE PRESIDENT
DATE: V 3
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03421 P
COMMO
COUNTYWOFLCUMBERLLANDSYLVANIA:
NORWEST MORTGAGE INC
VS.
DAVIS GARY B
CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within REINSTATED NOTICE AND was served
upon DAVIS GARY B the
defendant, at 12:33 HOURS, on the 2nd day of July
1999 at 172 FAITH CIRCLE
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to MATTHEW DAVIS (ADULT SON)
a true and attested copy of the REINSTATED NOTICE AND
together with COMPLAINT IN MORTGAGE FORECLOSURE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers.
Docketing 13.06
Service
Affidavit 1
Surcharge 8.00 R--Th m Kline,
Z-U-FEDER & PHELAN
07/06/1999 i
71
y ?
by
u
I
Sworn and subscribed to before me
this G ` day of
19 qL A.D.
FEDERMAN AND PHELAN
FRANK FEDERMAN, ESQUIRE
Identification No. 12248
Suite 900
Two Penn Center Plaza
Philadelphia, PA 19102
(215)563-7000
NORWEST MORTGAGE, INC.
Plaintiff
Vs.
GARY B. DAVIS
Defendants
Attorney for Plaintiff
. COURT OF COMMON PLEAS
CIVIL DIVISION
. Cumberland County
No. 99-3421-CIVIL
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.
rhil) %%6
FRANK FED'ERMAN, ESQUIRE
Attorney for Plaintiff
Date: June 25. 1999
i
t
o.
m
.,
FEDERMAN AND PHELAN
BY: FRANK FEDERMAN
ATTORNEY I.D. NO. 12248
SUITE 900
TWO PENN CENTER PLAZA
PHILADELPHIA, PA 19102
(215) 563-7000
Norwest Mortgage, Inc.
VS.
Gary B. Davis
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
Cumberland County
NO. 99-3421 Civil Term
AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE
PURSUANT TO P.R.C.P. 404(2)/403
FRANK FEDERMAN, ESQUIRE, Attorney for Plaintiff, hereby certifies
that service of the Notice of Sheriff's Sale was made by sending
a true and correct copy by certified mail to Defendant(s). Gary B.
Davis at 172 Faith Circle, Carlisle, PA 17013, which notice of
Sheriff's Sale was received by Defendant(s) Gary B. Davis on August
19, 1999 as evidenced by the attached return receipt.
The undersigned understands that this statement is made subject to
the penalties of 18 PA C.S. s 4904 relating to unsworn
falsification to authorities.
FRANK FEDERMAN, ESQUIRE
DATE: August 25, 1999
i
N
a
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f
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a
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NORWEST MORTGAGE, INC.
Plaintiff CIVIL DIVISION
VS.
GARY B. DAVIS
Defendants
No. 99-3421 CIVIL TERM
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA
CUMBERLAND COUNTY
SS:
I, FRANK FEDERMAN, ESQ., attorney for NORWEST MORTGAGE.
INC., hereby verify that on AUGUST 16, 1999 AND NOVEMBER 4.
1999, true and correct copies of the Notice of Sheriff's Sale
were served by certificate of mailing to the recorded
lienholder(s), and any known interested party, see Exhibit "A"
attached hereto, and the Notice of Sale was sent to defendant(s)
on AUGUST 16. 1999 by first class mail and certified mail return
receipt requested, see Exhibit "B" attached hereto.
FRANK FE ERMAN, ESQU? E
Attorne for Plaintiff
Date: November 8. 1999
NO. 99-3421 CIVIL TERM
AMENDED
AFFIDAVIT PURSUANT TO RULE 3129
Affidavit No. 1)
NORWEST MORTGAGE, INC.
VS.
CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
GARY B. DAVIS
NORWEST MORTGAGE. INC , Plaintiff in the above action, by its
attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the
Praecipe for the Writ of Execution was filed the following
information concerning the real property located at 40 PARSONAGE
STREET, NEWVILLE PA 17241.
1. Name and address of Owner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
GARY B. DAVIS 172 FAITH CIRCLE
CARLISLE, PA 17013
2. Name and address of Defendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
SAME AS ABOVE
3. Name and 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 so indicate)
BOROUGH OF NEWVILLE 4 WEST STREET
NEWVILLE, PA 17241
4. Name and address of the last recorded holder of every mortgage
of record:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
AMERICAN GENERAL 6 SOUTH HANOVER STREET
FINANCE, INC. CARLISLE, PA 17013
5.
NONE
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 so indicate)
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:
NONE
NAME. LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
7. Name and address of every other person whom the plaintiff has
knowledge who has any interest in the property which may be
affected by the sale:
NAME
TENANT/OCCUPAtdT
DOMESTIC RELATIONS OF
CUMBERLAND COUNTY
LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
40 PARSONAGE STREET
NEWVILLE, PA 17241
13 NORTH HANOVER STREET
CARLISLE, PA 17013
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.
November 8, 1999 ?],
DATE FRANK FEDE , ESQUIRE
torney fo Plaintiff
e ,
?.1
f
RVICE CERTIFICATE OF MAlLIP1G
S POSTAL SE
AY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT e, r e r, r r r r 4
IOVIDE FOR INSURANCE-POSTMASTER
1
Received From: l
I
TWO PENN CENTER PLAZA, SUITE 900 ;?+II ^
One piece of ardinsry mail add,assed to:
BOROUGH OF NE14VILLE
4 WEST STREET t? v Q?
NrWyTTTr
jj' %HC
nmw- RF:OAVIS. GARY B.
PS Form 3817, Met. 1989
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STATE OF PENNSYLVANIA, 1
COUNTY OF CUMBERLAND j 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 National Mtg Assoc
---------------•--------------------------- ----------------------------- is the grantee
the same having been sold to said grantee on the ----- 8th -------------------------------------- day of
DEcember 99
________________________________________ A. D.,19________- under and by virtue of a writ______________
Execution 18th
------------------------------------------------issued on the -------------------------------------
day of _ August ---------------- A. D., 19_99___, out of the Court of Comman Pleas of said County as of
----------------- civil ------------------------------------------------- Tenn, 19--99 --
Number_3421--------- at the suitoE ---- Nortaest_ Mtg_Inc----------------------------------------
-- ------------------- is
y f3 DAvis -----------
-----------------------------------against-------GAt -
- -
-
-
....... Page -113()------
duly recorded in Sheriffs Deed Book No. ---215
IN TESTIMONY WHEREOF, I have hereunto
set my hand and seal of said office this __ 2-?'_`____ day
of ------ = ------------ A. D.,-MA _C°
ti? -------
u f Recorder of Deeds
NICK& of 0" bsnberbn0 bW*' ftft FA
My caeaiisR- E*m the ERA Mm&y d Jan. 2002
Norwest Mortgage, Inc. In the Court of Common Pleas of
-vs- Cumberland County, Pennsylvania
Gary B. Davis No. 99-3421 Civil Teri
Richard E. Smith, Deputy Sheriff, who being duly sworn according to law, says on
September 30, 1999 at 10:25 o'clock A.M. EDST, he posted a copy of Real Estate Writ
Notice Poster and Description in the above entitled action upon the property of Gary B.
Davis located at 40 Parsonage Street, Newville, Cumberland County, Pennsylvania
according to law.
Kathy J. Clark, Deputy Sheriff, who being duly sworn according to law, says on
August 19, 1999 at 6:50 o'clock P.M. EDST, she served a true copy of Real Estate Writ
Notice and Description in the above entitled action upon the wihtin named defendant to
wit: Gary B. Davis, by making known unto Gary B. Davis at 172 Faith Circle, Carlisle,
Cumberland County, Pennsylvania, its contents and at the sane time handing to him
personally the said true and attested copies of the same.
Richard E. Smith, Deputy Sheirff, who being duly sworn according to law, says on
September 30, 1999 at 9:15 o'clock A.M. EDST, he served a copy of real Estate Poster,
in the above entitled action upon the within named defendants to wit: Gary B. Davis, by
handing to Gary B. Davis at 172 Faith Circle, Carlisle, Cumberland County,
Pennsylvania, its contents and at the same time handing to him personally the said true
and attested copies of the same.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says lie served the
above Real Estate Writ Notice Poster and Description in the following manner: The
Sheriff, mailed a notice of the pendency of the action to the within named defendant to
wit: Gary B. Davis by first class mail to his last known address 172 Faith Circle, Carlisle,
Pennsylvania. This letter was mailed under the date of October 1, 1999 and never
returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says after due and
legal notice had been given according to law, exposed the within described premises at
public venue or outcry at Court House, Carlisle Cumberland County, Pennsylvania, on
December 8, 1999 at 10:00 o'clock A.M. EDST, and sold the same for the sum of $ 1.00
to Attorney Dale Shughart, Jr. for Federal National Mortgage Association. It being the
highest bid and best price received for the same Federal National Mortgage Association
being the buyer in this execution paid to R. Thomas Kline the sum of $ 611.95 it being
Sheriff s Costs.
Docketing 30.00
Poundage 12.16
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
County 1.00
Mileage 6.94
Certified Mail 3.34
Levy
Surcharge
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriffs Deed
Sworn and Subscribed To Before Me
This 2 8 "" Day of 7Y
2000, A.D,
rothonotary
15.00
16.00
181.25
200.63
23.63
25.00
26.50
$ 611.95 Pd By Atty
01/07/00
So Answey -
r'
R. Thomas Kline, Sheriff
By,_ _,
Real Estate Deputy
W
? l
O ?U CC/c_.173b'O
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Ret No. 587. Rooroued Mau 16. 1929
Commonwealth of Pennsylvania, County of Dauphin) so
Michael Morrow being duly sworn according to law, deposes and says;
That he Is the Assistant 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 securely attached hereto is exactly as printed and published in
their regular dally and/or Sunday and Metro editions/issues which appeared on the 26th day of October and the 2nd
and 91h day(s) of November 1999. 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 dire tors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said CTnty of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317. (I 1 .k` _
PUBLICATION 1k„/VU vw v N
COPY S ern o an s45dr??rfl afore me t is 16th If of ov 9
S A L E #33 Terry L. Russell, Jolap Public G
11aref,burg, Dau iln ounty
MyConIDd5slonExlliresJune 6,2002 N TA PUBLIC
Member, Pennsylvania Association of Notaries
My commission expires June 6, 2002
CUMBERLAND COUNTY SHERIFFS OFFICE
COURTHOUSE
CARLISLE, PA. 17013
sl? Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates $ 199.13
Probating same Notary Fee(s) $ 1.50
Total $ 200.63
Publisher's Receipt for Advertising Coat
THE PATRIOT-NEWS CO., publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general
circulation, hereby acknowl 'ed'ge rpceipt of the aforesaid notice and publication costs and certifies that the same have
7. ,,.., m . m...
been duly paid. -- - THE PATRIOT-NEWS CO.
REAL. ESTATE SALE No, 33
Writ No. 99-3421 By .....................................
ChrilTerm
Norwest mortpege. inc.
vs
Gary B. Davis
Atty: Frank Federman
D 6CRiPTIDN
ALL THAT CVTTAIN at or pared of
ground with the Improvements thereon
erected skated being In the North.
Ward of the Bo h of NewWk, County of
Cumberland. and Commonweeah of
Pennsovarra. bounded and,desated as
follows. to wit
BEGINNING at a.corner an Prreorram
Wvm as 40 P?arsvgp Utrook NewNae,
PA.
j TIxj1.E.1CNSAID PRRDE ISES0118S•VESTED
IN eery 8, Davis W Deed from Joseph C.
1/ 2/98,
Carn*%Il (11104 In Deed Book t7o.Page 748,
,
J ?
r
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.
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
OCTOBER 22, 29, NOVEMBER 5, 1999
Affiant further deposes that lie is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL ESTATE BALE NO. 33
Writ No. 99-3421 Civil
Norwest Mortgage, Inc.
VS.
Gary B. Davis
Atty.: Frank Federman
DESCRIPTION
ALL THAT CERTAIN lot or parcel
of ground with the Improvements
thereon erected situated and being in
the North Ward of the Borough of
NewvIDe, County of Cumberland, and
Commonwealth of Pennsylvania,
bounded and described as follows, to
wit:
BEGINNING at a corner on Par-
sonage Street; thence along said
Street. East 40 feet to lands now or
late of William Patton's heirs; thence
by said lands. South 180 feel to Lib.
erty Alley: thence by said Allev, West
-? 40 feet to lot now or late of Samuel A.
Davidson; thence by the last men.
?oned lot 180 feet to the place of
beginning.
BEING improved with a dwelling
house known as 40 Parsonage
Street. Ne"Nille, PA.
Tax Map Number: 20-1754.088.
TITLE TO SAID PREMISES IS
VESTED IN Gary B. Davis by Deed
from Joseph C. Carminatl dated
1/8/98. recorded 1/12/98, In Deed.
Book 170, Page 748.
Rog r M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
--L _day of NOVEMBER. 1999
-NOTAXAL SEAL
LOtb E. SNYDER, Notary Public
Coribl* liom, Cumbmiand CovMy, PA
My Commiaion Exp:rw Momh S, 4001
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S1,000.00 Advance C REAL ESTATE S.+LE ivO 33
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:?ssessed 'valuation S Frank Federman
WTU NO. 99-3421 Civil
Norwest Mortgage, Inc.
VS
Gary B. Davis
40 Parsonage Street
Newville, PA 17241
REAL DEBT
MEREST fr 8/1 3/99 to 12/8/99 17
41 15,896.86
0
AT 'T'S FEES .
per diem
2,054.38
tt ArT COSTS ?,TTY
ESCROW
139.54
L.kTE CHARGE
SHERIFF'S COSTS
Docl:ecine
Poundage 30.00
Postinz Bills 12.16
AdvemsinL 15.00
Aekno,-vledeine Dee_ 15.00
Auctioree: 30.00
Law Librat',• 10.00
Counr: .50
ylilea2> 1.00
Cent Nfail 6.94
Levti• 3.34
Postpone Sale 15.00
Surcharee
-
24.00
Leza! Search
=.?t'E,T15TNG:
L:%%' Journal
Patriot 181.25
Share of Bills 200.63
Distribution of P,-ocer_s 23.63
Shenf; s Deeds 25.00
STAMPS 26.50
Pa. T:ansfe. Ts
T? p o Boro Transfe
T
r
cs
TA YES
Water and Sewer
332.55
NORWEST MORTGAGEt INC.
. CUMBERLAND COUNTY
COURT OF COMMON PLEAS
. CIVIL DIVISION
VS.
GARY B. DAVIS
. NO. 99-3421 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
NORWEST MORTGAGE. INC, Plaintiff in the above action, by its
attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the
Praecipe for the Writ of Execution was filed the following
information concerning the real property located at 40 PARSONAGE
STREET, NEWVILLE. PA 17241.
1. Name and address of Owner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
GARY B. DAVIS 172 FAITH CIRCLE
CARLISLE. PA 17013
2. Name and address of Defendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
SAME AS ABOVE
3. Name and 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 so indicate)
NONE
4. Name and address of the last recorded holder of every mortgage
of record:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
AMERICAN GENERAL 6 SOUTH HANOVER STREET
FINANCE, INC. CARLISLE, PA 17013
5.
NONE
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 so indicate)
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 so indicate)
NONE
7. Name and address of every other person whom the plaintiff has
knowledge who has any interest in the property which may be
affected by the sale:
NAME
TENANT/OCCUPANT
DOMESTIC RELATIONS OF
CUMBERLAND COUNTY
LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
40 PARSONAGE STREET
NEWVILLE, PA 17241
13 NORTH HANOVER STREET
CARLISLE, PA 17013
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.
Auccust 13, 1999
DATE FR NK FEDERM, ESQUIRE
Attorney for Plaintiff
l
1.
NORWEST MORTGAGE, INC.
Vs,
GARY B. DAVIS
• CU14BERLAND COUNTY
• COURT OF COMMON PLEAS
• CIVIL DIVISION
NO. 99-3421 CIVIL TERM
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
August 13, 1999
TO: GARY B. DAVIS
172 FAITH CIRCLE P.O. BOX 1006
CARLISLE, PA 17013 CARLISLE, PA 17013
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A
DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR
THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A
DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE
CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
Your house (real estate) at 40 PARSONAGE STREET NEWVILLE PA
17241, is scheduled to be sold at the Sheriff's Sale on DECEMBER 8.
1999 at 10:00 a.m. in the Cumberland County Courthouse, South
Hanover Street, Carlisle, PA 17013, to enforce the court judgment
of 9105,_ 896.86 obtained by NORWEST MORTGAGE INC.
against you. If the sale is postponed the (the mortgagee%
relisted for the MARCH 1 2000 Sheriff's Sale, property will be
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's 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: 1215) 563-7000
?• 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.
1
, -
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 Sheriff's 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 proposed schedule of distribution of the money
bid for your house will be prepared by the Sheriff not later than
thirty (30) days after the sale. The schedule shall be kept on
file with the Sheriff and will be made available for inspection in
his office. The 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 filing of
the proposed schedule.
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 ATORNEY REFERRAL
CUMBERLAND COUNTY BAR ASOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
DESCRIPTION
ALL THAT CERTAIN lot or parcel of ground with the improvements thereon erected situated and
being in the North Ward of the Borough of Newville, County of Cumberland, and Commonwealth
of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a corner on Parsonage Street; thence along said Street, East 40 feet to lands now or
late of William Patton's heirs; thence by said lands, South 180 feet to Liberty Alley; thence by said
Alley, West 40 feet to lot now or late of Samuel A. Davidson; thence by the last mentioned lot 180
feet to the place of beginning.
BEING improved with a dwelling house known as 40 Parsonage Street, Newville, PA.
Tax Map Number: 20-1754-088
TITLE TO SAID PREMISES IS VESTED IN Gary B. Davis by Deed from Joseph C. Carminati
dated 1/8/98, recorded 1/12/98, in Deed Book 1110, Page 748.
WRIT OF EXECUTION and/or ATTACHMENT
_
COMMONWEALTH OF PENNSYLVANIA) NO. 99-3421 CIVIL 19
COUNTY OF CUMBERLAND) CIVIL ACTION . LAW
TO THE SHERIFF OF Cumberland COUNTY:
To satisfy the debt, interest and costs due Norwes t Mortgage, Inc.
PLAINTIFF(S)
from Gary B. Davis
DANT(S)
(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
as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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) Ifpropertyofthedefendant(s)notlevieduponansubject toattachment istoundinthepossessionofanyoneother
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.
Amounmue_ $105,896.86
Interest 8/13/99 to 12/8/99 $2,054.38
Atty'sComm (per diem $x,70.41)
Ally Paid $139.54
Plaintiff Paid
L.L. $. 50
Due Prothy $1-00
Other Costs
Date: August 18, 1999 _ Curtis R. Long
Prothonotary, Civil Division
by:
Deputy
REQUESTING PARTY:
Name Frank Federman, Esq.
Address: Two Penn Center Plaza, Suite 900
Philadelphia PA 19102
Attorneyfor. Plaintiff
Telephone: 215-563-7000 --
Supreme Court ID No. 1224 8
REAL EST,' I L
33
un A44 c a 17, r q9 S the sheriff levied upon the defendani?;
Interest in the real property situated in?l+rn?.
wCumberland County, Pa., known and numbered as:??2
ilk t- and more fully described on Exhibit "A" filed with
this writ and by this reference incorporated herein.
!?ate:
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