Loading...
HomeMy WebLinkAbout99-04385"':' .. `-:s n? Sf it W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA. N.A.. AS TRUSTH' OI: AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUS"r 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DA"rED AS OP .TUNE 1. 1998 WITHOUT RECOURSE, Assignee ol'AMERIQUES'I' MORTGAGE COMPANY, Plaintiff. vs. CHARLES L. NOEL and PAMELA L. NOEL. husband and wile. Defendants. RULE No. 99-4385 Civil 1 l 1 1 1 1 r AND NOW, this S^? day ofti•LtiC 2000, upon consideration of the within Petition to Terminate Junior Lienholders' Rights, a Rule is granted upon the defendants to show cause why, il' any, the Petition to Terminate Junior Lienholders' Rights should not be granted. _ ^ 2- ?2?v1 V?41" RULE RETURNABLF.he - -:°- Wi of - - - -- .------ ..? i V 2000:-at.. - M. - 1 -? b ?,. BY THE COURT: le, i? 1 R?5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA. N.A.. AS TRUSTEE OF ) No. 99-4385 Civil AMRESCO RESIDENTIAL SECURITIES CORPORA'T'ION ) MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING ) AND SERVICING AGREEMENT DATED AS OF .TUNE 1. 1998 ) WITHOUT RECOURSE, Assignee of AMERIQUEST ) MORTGAGE COMPANY, ) Plaintiff. ) VS. t CHARLES L. NOEL and PAMELA L. NOEL, husband and wile, Defendants. ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the within Petition, it is Ordered, Adjudged and Decreed that the sale of March 1, 2000 is hereby affirmed and the lien of Northwest Consumer Discount Company is divested and said entity shall not be heard to have standing with virtue to the title or lien at any future date. BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA THE NORWEST BANK MINNESOTA. N.A., AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MGRTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT' DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE. Assignee of AMERIQLJEST MORTGAGE COMPANY. CIVIL. DIVISION NO. 99-4385 Civil PETITION TO TERMINATE ,JUNIOR LIENHOLDERS' RIGHTS Code - mortgage foreclosure Filed oil behalf'of Plaintiff Plaintiff. vs. CHARLES L. NOEL and PAMELA L. NOEL, husband and wife. COanSCI ofrecord for this party: Louis P. Vitti. Esquire PA I.D. #3810 Supt'emC Court #01073 Louis 1'. Vitti K Assoc., P.C. Defendants. 916 Fifth AVCmlle Pittsburgh. PA 15219 (412)281-1735 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NOTICE TO: Northwest Consumer Discount Company 223 Penrose Place Carlisle, PA 17013 Take notice that the within Petition to Terminate Junior Lienholders' Rights will be presented to the Motions Judge, Cumberland County, Carlisle, Pennsylvania, as unopposed unless a responsive pleading is filed. LOUIS P. VITTI & ASSOC., P.C. y : 0 BY: uv Vitti, Esquire Attorney for Plaintiff CERTIFICATION I hereby certify that a true and correct copy of the within Petition was mailed to the above on the 24th day of August, 2000. BY: ?A \f 'LoWs P. Vitti, s re Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COt INrY. PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA. N.A.. AS TRUSTEE OF ) No. 99-4385 Civil AMRESCO RESIDENTIAL SECURITIES CORPORA-rION I MORTGAGE LOAN TRUST 1998-2 UNDER TI LE POOLING I AND SERVICING AGREEMENT DATED AS OF.IUNE 1. 1998 WIT14OUT RECOURSE, Assignee of AMERIQUEST I MORTGAGE COMPANY, I Plaintiff. vs. CHARLES L. NOEL and PAMELA L. NOEL., husband and Wifc Defendants. PETITION TO TERMINATE JUNIOR LIEN HOLDERS' R161-ITS AND NOW, comes the Plaintiff by and through their attorneys. Louis P. Vitti & Associates. P.C. and Louis P. Vitti. Esquire, and tiles this Petition whereof the following is a statement: 1. Pursuant to the Pennsylvania Rules of Civil Procedure. Sherift's Sales are not to be conducted unless a notice is directed to the junior lien holders. 2. A Sheriffs Sale was conducted in the above-captioned case and the Plaintiff was the successful bidder. 3. There is no equity in the property since it is valued at $140.000.00 liu• tax purposes, there is a sewage discharge problem yet to he resolved - see Exhibit "A" - further reducing the value and the judgment arnount at the time ol* Stile was $170.952.90. plus costs. vises and attorneys fees. 4. Notice by advertising and notice of the sale hollowing said Sheriff's Sale has been given to all junior lieu holders. at date of issuance of the WriI of I:xeculion pursuant to Rule') 129 except Northwest Consumer Discount Company. 5. There is no prejudice to thejuniar lien holder by failure to receive the notice since there is no equity to other lien holders, including Northwest ('unsunter Discount Company. 6. It is submitted that the lien of the junior lien holder. Northwest Consumer Discount Company, be and is hereby divested to insure that there are no questions regarding title at some future date. WHEREFORE, it is requested that the sale of March I. 2000, be affirmed and that the possible lien of Northwest COnSmner Discount Company be divested and said entity shall not be heard to have standing with virtue to the title or lien at anv future date. Respecllidly submitted, LOUIS P. Vivri S: ASSOCIATES. P.C. '? BY _ uis P. VitIt. Esquire Attorney for Plaintiff NAMES D. BOGAIR ATTORNEY AT LAW ONE WEST .WAIN STREET SHIREMANSTOWN. PENNSYLVANIA 17011 TELEPHONE (7171707-8761 January 28, 2000 FACSIMILE(717) 7377.20 .9068 Louis P. Vitti, Esquire 916 Fifth Avenue Pittsburgh, PA 15219 RE: The Norwest Bank, Minnesota, NA et. al., vs. Charles L. Noel and Pamela L. Noel 250 Oak Grove court, Mechanicsburg, Cumberland County, Pennsylvania March 31, 2000 Sheriff's Sale Dear Mr. Vitti: I write on behalf of Monroe Township relative to the above- referenced matter. You are listed as the attorney representing The Norwest Bank. on behalf of Monroe Township, please be advised that this property has a seriously malfunctioning on-lot septic system. For your convenience, I enclose a copy of my letter dated Decem- ber 7, 1999 as addressed to Charles L. Noel and Pamela L. Noel. That letter is self-explanatory. Monroe Township is advised by Pamela L. Noel that Charles L. Noel has vacated from this property. Mrs. Noel advises that she does not possess the financial wherewithal to make the necessary repairs to the on-lot septic system. Presumably, the repairs will be made by The Norwest Bank subsequent to the Sheriff's Sale. Please note that the on-lot septic system must be repaired so as to completely eliminate the improper and unlawful discharge of sewage. Based upon the representations of Mrs. Noel to the effect that this property will be completely vacated prior to the March 31, 2000 Sheriff's Sale, Monroe Township, at present, will take no further affirmative action to ensure a correction of this problem. Subsequent to any change in legal ownership of this property and certainly prior to any rehabitation of same, Monroe Township will take any and all actions necessary to insure that there is a complete elimination of the discharge of sewage from the on-lot septic system of this property. I request that you confirm that your client, The Norwest Bank, will insure that the improper discharge of sewage is EXHIBIT"-A_" Louis P. Vitti, Esquire January 28, 2000 Page 2 completely eliminated, assuming that they acquire legal title to this property. Your time and consideration in this matter is greatly appreciated. Very truly yours, JAMES D. BPGA , Solicitor Monroe TownsMp JDB/lak Enclosure cc: Monroe Township Board of Supervisors Michael J. Higgins, Monroe Township S.E.O. JAMES D. BorAa ATTORNEY AT LAW ONE WEST MAJN STREET SaTBE-% A.YSTOWN. PENNSYLVANIA 170ll TELEP80NE (717) 707.8761 FACSI:IILE December 7, 1999 (717) 707.2086 Charles L. and Pamela L. Noel 250 Oak Grove Court Mechanicsburg, PA 17055 Dear Mr. and Mrs. Noel: I write on behalf of Monroe Township relative to your on-lot septic system located at property owned by you, same being known and numbered as 250 Oak Grove Court, Mechanicsburg, Monroe Township, Cumberland County, Prnnsylvania. This septic system has been malfunctioning for some time, resulting in the discharge of sewage to the surface of the ground on this property. On two (2) occasions, you have been cited with fines being imposed by the District Justice. Unfortunately, the discharge of sewage continues. The discharge of sewage constitutes a health hazzard that is unacceptable to Monroe Township. The purpose of this letter is to inform you that you must take actions to completely eliminate the discharge of sewage from your on-lot septic system, same being maintained at the above- referred to property. A total abatement must occur on or before December 17, 1999. If you fail to come into complete compliance, Monroe Township will have no recourse but to file a Complaint in the Cumberland County Court of Common Pleas requesting that your actions be immediately abated. In addition, Monroe Township would has the option of requesting that a new system be installed or, in the alternative, that you be ordered to vacate this property in view of the malfunctioning sewer system. Please take appropriate action so that this matter is resolved on or before December 17, 1999. Please remember that you will be required to obtain a permit and to allow inspections. Towards this end, kindly contact Michael J. Higgins, Township Sewage Enforcement Officer at 789-3162. Monroe Township looks forward to your cooperation concerning this very important matter. Solicitor JA 'E Solicitor Monroe Township Very truly yours, Cis ? JDB/lak cc: Board of Supervisors of Monroe Township Michael J. AND NOW Louis P. Vitti verifies that the statements made in this Petition are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the Court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. Vitti Dated: August 23, 2000 i= C Z F N 111 lil c F.. ww W > 6 Z <W ; m _ N Pl Z N IL O W L w p b N Z 7 n' I ? O D L) w w K N ? I LLI ; 9 ,< - SEP 012000 IN THE COURT OF COMMON PLEAS 01" CUMBERLAND COUNTY. PENNSYLVANIA THE NORWEST BANK MINNESOTA. N.A., AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE. Assignee of AMERIQUEST MORTGAGE COMPANY. CIVIL DIVISION NO. 99-1385 Civil AFFIDAVIT OF SERVICE Code - mortgage lbreclosure Filed on behalfof Plaintil1' Plaintiff, VS. CHARLES L. NOEL and PAMELA L. NOEL, husband and wife. Defendants. COLmSCI of record Im this party: LOniS P. Vitti. Esquire PA I.U. 11.3810 Supremc COUrt #01072 Louis P. Vilti K Assoc.. P.C. 916 Fifth Avenue Pittsburch. PA 15219 (412) 281-172i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA, N.A., AS TRUSTEE ) OF AMRESCO RESIDENTIAL SECURITIES CORPORATION, ) NO. 99-4385 CIVIL MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING 1 AND SERVICING AGREEMENT DATED AS OF JUNE 1, ) 1998 WITHOUT RECOURSE, Assignee of AMERIQUEST ) MORTGAGE COMPANY, ) Plaintiff, ) VS. CHARLES L. NOEL and PAMELA L. NOEL, husband and wife Defendants. AFFIDAVIT OF SERVICE On the 12th day of September, 2000, I, Louis P. Vitti, Esquire, served Respondent with a copy of the Rule dated September 5, 2000 by certificate of mailing at their last known address. Said Certification of Mailing is attached hereto as Exhibit "A". I verify that the statements in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: September 12, 2000 Louis . V' ti, Esquire SWORN TO and s cribed before to th' r da Notanal Seal Kathleen Can, Notary Public of 1 999 Pittsburgh, Allegheny County / / My Commission Expires May 1, 2004 ,/ mbar,PenlreyNaniaAssaaationotNotahes Notary Yublic 4.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in stamps dAY BE USED FOR DOMESTIC AND INTERNATIONAL L DOES NOT or mater postage and 'ROVIOE FOR INSURANCE-POSTMASTER . 40 ?1c, Post mark. Inr?ulre of Rsoerved From: i * lk , § . Postmaster for current Louis P. Vit$19,8 Es 2 ? ? n ??1? P B 8 5 4 135 916 Fifth Av / SEP 12 UU -Fittsburgh t 71 RfTTS°UR N Pr I One Piece of ordinary mail eddm,,.d to ? p 0\ Cp `1P\ r1 ( S' l? Narthweat Consumer Discount Co•r 7 %a 223 Penr Pl ose ace 8er?is?e ?79?3 ? p , ? S y PS Form 3817, Mar. 1989 ??L y -NOEL :L n n_ L_ Jd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE COMPANY, CIVIL DIVISION No.99-4385 Civil ANSWER TO COUNTER-PETITION TO SET ASIDE SHERIFF'S SALE PURSUANT TO PA.R.C.P 3121 Filed on behalf of Plaintiff Plaintiff, VS. CHARLES L. NOEL and PAMELA L. NOEL, husband and wife, Counsel of record for this party: Blaise J. Guzewicz, Esquire PA ID #56455 Louis P. Vitti & Assoc., P.C. Defendants. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING: AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998: WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE COMPANY, Plaintiff, VS. : NO. 99-4385 Civil CHARLES L. NOEL and PAMELA L. NOEL, husband and wife, Defendants. ANSWER TO COUNTER-PETITION TO SET ASIDE SHERIFF'S SALE PURSUANT TO PA.R.C.P. 3132 AND NOW, comes the Plaintiff by and through their attorneys, Louis P. Vitti & Associates, P.C. and Blaise J. Guzewicz, Esquire, and files this Answer to Counter Petition whereof the following is a statement: Paragraph 7. The averments of Paragraph 7 require no response. Paragraph 8. Admitted Paragraph 9. Admitted Paragraph 10 Admitted Paragraph 11. Admitted Paragraph 12. Admitted Paragraph 13. After reasonable investigation Petitioner/Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 13. Paragraph 14. Denied. By way of further response, it is specifically denied that the sale was conducted in violation of PA R.C.P. Civil Procedure 3129.1 and 3129.2. Rather, the sale was proper with the exception that the Affidavit failed to include the assertion that respondent/petitioner received notice of the sale. Additionally, the rights of the respondent/petitioner, with respect to the property interest in the Real Estate, are easily corrected through a resell of the property. Hence, the petitioner/respondent has contemporaneously with the tiling of this response filed its own Motion to Open and resell the property, a copy of which is attached hereto. Made a part hereof and labeled as Exhibit "A". The interests of the respondent/Petitioner, Northwest Consumer Discount Company, are easily protected by Resale of the property wherein the Petitioner/Respondent to preserve it's interest in the property should be required to bid over and above that amount which the petitioner/respondent, North West Bank of Minnesota had bid or was willing to bid on the property. Said amount being in excess of $168,370.00, plus the costs and taxes associated with the sale of the property. Wherefore, Petitioner/Respondent respectfully requests this honorable court enter an order either terminating the rights of the Junior Lien holder, Northwest Consumer Discount Company or in the alternative, issuing an order as set forth in the Petitioner/Respondent's Petition to Open and Set Aside the sale requiring Northwest Consumer Discount Company to tender funds sufficient to exceed the bid of the Plaintiff, Northwest Bank of Minnesota within 10 days or, in the further alternative to issue the order attached to the petition to open and resell, a copy of which is attached hereto. Respectfully Submitted By: !x(,Q ; Blaise J. Gu icz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING: AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998: WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE COMPANY, Plaintiff, VS. : NO. 99-4385 Civil CHARLES L. NOEL and PAMELA L. NOEL, husband and wife, Defendants. NOW this day of It is hereby order that: The sale of March 1, 2000 is hereby affirmed and the lien of Northwest Consumer Discount Company is divested and said entity shall not be heard to have standing with virtue to the title or lien at any future date. Northwest Consumer Discount Company shall tender funds sufficient to exceed Plaintiffs bid of $168,370.00 plus cost and taxes associated with the sale within 10 days of the date of this order to obtain title the property. BY THE COURT: J. 1, Louis P. Vitti, Esquire, hereby certify that on the 27th day of September, 2000, a true and correct copy of the within Answer to County-Petition was served upon Norwest Conusmer Discount Company, by Regular U.S. Mail. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Blaise I Guze Wi, Esqui e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE COMPANY, CIVIL DIVISION No.99-4385 Civil MOTION TO OPEN SHERIFF'S SALE AND RESELL FORECLOSED REAL ESTATE Filed on behalf of Plaintiff Plaintiff, VS. Counsel of record for this party: CHARLES L. NOEL and PAMELA L. NOEL, husband and wife, Defendants. Blaise J. Guzewicz, Esquire PA ID #56455 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 66 EVIBIT `--- 'IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES .CORPORATION MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING: AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998: WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE COMPANY, Plaintiff, VS. : NO. 99-4385 Civil CHARLES L. NOEL and PAMELA L. NOEL, husband and wife, Defendants. MOTION TO OPEN SHERIFF'S SALE AND RESELL. FORECLOSED REAL ESTA AND NOW, comes the Plaintiff, The Norwest Bank Minnesota et al., by and through its attorneys, Louis P. Vitti & Associates, P.C. and motions this Court to order a special resale of property whereof the following is a statement: 1. The Sheriff of Cumberland County pursuant to a writ of execution issued on September 29, 1999 , in this mortgage foreclosure action did sell premises on March 12000, as the property of the defendant. The sale was to the Plaintiff Petitioner. 2. Certain liertholder(s) are the holder(s) of a judgment(s) against the above-captioned defendant. 3. Pennsylvania Rules of Civil Procedure 3129.1 and 3129.2 require Notice of Sheriff's Sale be given to the holder of any record lien on the premises being sold by ordinary mail at least thirty (30) days prior to the sale. 4. Such Notice of the Sheriff's Sale was not received by said judgment holder. 5. At the sheriffs sale, the only bid entered was on behalf of the plaintiff for the costs of the sate, although plaintiff was prepared to bid a sufficient amount to insure that it received from I the funds received by the Sheriff on account of the sale an amount sufficient to pay to plaintiff the fair value of the mortgage, such amount being in excess of $170,952.90 6. No member of the public attending the sale entered any bid. 7. Had any judgment holder been present at the sale he would have been required to bid an amount as high as that which plaintiff was prepared to bid because the fair value of the premises being sold was not sufficient to enable Respondent to receive in payment of his judgment any funds from the proceeds of a sheriff's sale at the fair market value. The appraised value was $140,000.00. 8. Except as stated herein, all notices and advertisements of this sheriff's sale required by Pa. R.C.P. 3129.1 and 3129.2 were given. 9. The advertisements of the sale were accessible and available to all judgment holders. 10. All judgment holders at the time of obtaining judgment against the defendant herein could have caused the property sold in this action to have been sold by the Sheriff (subject to the mortgage foreclosed herein) to satisfy any judgment but did not do so because the value of said property is insufficient to justify a bid high enough to satisfy any part of Respondent's judgment. 11. The judgment lien(s) did not secure any part of any other judgment because the value of the property at the sheriff's sale was less than the prior mortgage lien foreclosed upon in this action. 12. The technical omission of the mailing of a notice of the sale to respondent creates a question concerning the title obtained by the purchaser at the sheriff's sale which may adversely affect the marketability and insurability of the title. 13. Marketability and insurability of the title will be assured by an Order of this court affirming that the sheriff's sale was valid and unencumbered by said judgment lien. 14. If any judgment holder contests any of the averments of this petition then the sheriff's sale must be set aside and the property be offered at a new sale of which judgment holder is notified in accordance with Pa. R.C.P. 3129.2(c) (1) (iii). WHEREFORE, Petitioner prays that the Sheriff's Sale of said premises be set aside and the premises be resold by the Sheriff after notice of such resale to the parties in accordance with Pa. R.C.P. 3219.2(c) (1) (iii) but without further notice of advertisement. Respecmlly Submitted Louis P. Vitti & Associates E Blaise J. G wicz, E re Attorney V petitioner VERIFICATION AND NOW Blaise J. Guzewicz, Esquire verifies that the statements made in this Motion to Open and Sheriffs Sale and Resell Foreclosed Real Eastate are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the Court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. Blaise J. Guze ' z Dated: September 27, 2000 N1 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING: AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998: WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE COMPANY, Plaintiff, VS. : NO. 99-4385 Civil CHARLES L. NOEL and PAMELA L. NOEL, husband and wife, Defendants. AND NOW, this day of , 2000 , upon consideration of the Motion of Plaintiff in the above matter, it is hereby ORDERED, ADJUDGED AND DECREED that the Sheriff's Sale on March 1, 2000 of premises at 250 Oak Grove Court, Mechanicsburg, PA 17055 , Cumberland County, Pennsylvania, is hereby set aside for purpose of Notice and allowance of opportunity for lienholder(s) to bid in excess of $170,952.90 and it is further ordered that the Sheriff shall offer said premises without further advertisement or notice by the Sheriff at the next regular sheriff's sale taking place November 22, 2000, after notice of the sale and a copy of this Order has been served on lienholder(s) by ordinary mail addressed to lienholder(s). An affidavit of such service shall be filed with the Office of the Prothonotary and with the Sheriff. Should there be no bids by lienholder(s) in excess of $170,952.90, the sale conducted March 1, 2000, by the Sheriff shall be affirmed upon filing of an affidavit by counsel for Plaintiff, that there were no third party bidders. BY THE COURT: J. ?.. PI a; C u.. ? 1 =1 I _ ,LI _ C •J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 'I HE NORWEST BANK MINNESOTA, N. A. AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE COMPANY CIVIL DIVISION No.99-4385 Civil AFFIDAVIT OF SERVICE Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Plaintiff, Vs. CHARLES L. NOEL and PAMELA L. i`IOEL, husband and wife, Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Defendants. Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OI'CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING: AND SERVICING AGREEMENT DATED AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE COMPANY, Plaintiff, VS. NO. 99-4385 Civil CHARLES L. NOEL and PAMELA NOEL. husband and wife, Defendants. AFFIDAVIT OF SERVICE 1, Rebecca L. Kirch, do hereby certily that a order of court was mailed and served upon the Defendants and on all lien holders by Certificate of Mailing for service in the above- captioned case on November 2, 2000, advising them of the Sheriffs sale of the property at 250 Oak Grove Court, Mechanicsburg, PA 17055, on December 6, 2000. LOUIS P. VITTI & ASSOCIATES, P.C. Rebecca L. Kirch SWORN to and subscribed before me this 3rd day FiCheryl Notarial Seal B. Edler, Notary Public ttsburgh, Allegheny County of November, 2000. mmission Expires June 10, 2002 . c- Member, PennsyNamo ilsrx:atinn of Notaries ?_. Nota•, - ubllc ..,.r . N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA. N.A. AS TRUSTEE OF AMRF.SCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING: AND SERVICNG AGREEMENT DATED AS OF JUNE I. 1998: WITHOUT RECOURSE. Assignee of AMERIQUEST MORTGAGE COMPANY. Plaintiff. vs. : NO. 99-4385 Civil CHARLES L. NOEL and PAMELA L. NOEL, husband and wife, Defendants. AMENDED ORDER OF COURT AND NOW, this 473,1A day of Q,.7- , 2000 , upon consideration of the Motion of Plaintiff in the above matter, it is hereby ORDERED, ADJUDGED AND DECREED that the Sheriff's Sale on March 1, 2000 of premises at 250 Oak Grove Court, Mechanicsburg, PA 17055 , Cumberland County, Pennsylvania, is hereby set aside for purpose of Notice and allowance of opportunity for lienholder(s) to bid in excess of $170,952.90 and it is further ordered that the Sheriff shall offer said premises without further advertisement or notice by the Sheriff at the next regular sheriff's sale taking place December 6, 2000, after notice of the sale and a copy of this Order has been served on lienholder(s) by ordinary mail addressed to lienholder(s). An affidavit of such service shall be filed with the Office of the Prothonotary and with the Sheriff. Should there be no bids by lienholder(s) in excess of $170,952.90, the sale conducted March 1, 2000, by the Sheriff shall be affirmed upon filing of an affidavit by counsel for Plaintiff, that there were no third party bidders. TRUE COPY FROM RECORD In Tastimony w^erscf, I Nora onto serf roy lznd and the s;ez! of said C,jutt at C?r;ssse, Thi t / aoarj?.A,? p ?2CV'? Prothonotary BY THE COURT: ROVIOE F eu FOR DOMESTIC -" r ` Ur MAILING Affix fee here In stamps OR INSURANCE- C ANDPOSTMASTER INTERNATIONAL MAIL, DOES NOT °r mater postage and .RS IY.,p, Received From: Post mark. Inquire of ? t Postmaster for current ire 35 l One piece of ordinary mail addressed to: n / r :et PAMELA NOEL 250 OAK GROVE COURT ? __?G?fFF6SBl}RGf-pA-1-7gK-5-._-_\ 1?1 '?S NOEL/RLK PS Form 3817, Mar. 1989 POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIO DOES NOT PROVIDE FOR INSURANCE-POSTMASTER * Received From: LOL P V1T? 6L9E(lltlaXn ()F e a 6 916 F?ffi-PAVE°WOURG11"A $100 I I: f CIS ., .{ 75 One piece of ordinary mail addressed to HARRIS SAVINGS BANK 234 BOX 1711 HARRISPUR RA 17105 PS Form 3817, Mar. tatsa 12/6 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current 4135 UO 9t 1 9 O NOEL/RLK 12/6 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, GOES NOT PROVIDE FOR INSURANCE-POSTMASTER ¢SPOV. Received From: * * * N ? LOUIS P. ViT_TP& t A-nA 6 5 4 91 f U uH n„ pt, Q 141P) PRI-179 j One piece of ordinary mail addressed to: TAX COLLECTOR OF MOROE TWP. 13/J GREEK RUAD ?Ip\ WILL90W SPRINGS. PA 17007 _ Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current °^. 135 00 Is ?v 9 Z a L/RLK 12/6 PS Form 3817, Mar, 1989 U. . P TAL SERVI E CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, GOES NOT PROVIDE FOR INSURANCE-POSTMASTER ?TiSPa„ Received From: # # # LOUIS P.vJvj&A "1L .. E?6 5 V P, vy (412) 281-1725 One piece of ordinary mail addressed to y COURT OF COMMON PLEAS OF CUMBERLAND DOMESTIC RELATIONS DIVISON ?/n RTrae an rr SETTc P.O. BOX 320 PS Form 3817, Mar. 1989 .S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER IS S 1)L Recoivsd From: # # / _7? LOUIS P1 NITTI U 1, 6 5 4 1 4MA 02 (41212G1-17,` w?eF One piece of ordinary mull addressed lo: ` COMMONWEALTH OF PA-DPW co- j P.O. BOX 8016 pJD? HARRISBURG TaA LTLG5 ra Farm UC I /, mar. 1999 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current 4 35 XRAX y s, 9 S NOEL/RLK 12/6 Affix fee here in stamps or meter postage and post mark Inquire of Postmaster for current fee. 35 00 to Jsj 2. o° S /RLK 12/6 Affix lee hole in stamps or meter postage and post mark. Inquire of postmaster for current Receive * # I& ?.70sr/?°"P'B 8 O 2 O p LOUIS P.1V?? neo 15 19 -__?(4i 2) 281 Ona piece of ordinary mail addmasetl to'. BRE u / CLEARANGaEPFORT 5- ECT'ON LE' PA 17128-1230 ° L/RLK RARRISS ERG> 1216 PS For' 3B17, 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATkONAL MAIL, DOES NOT PROVIDE FOR INSURANCE -POSTMASTER ear' q All Received LOUIS P. VfT31 & D ? AN fRGp11PA'46&1-9 -Z (412) 281-1725 m ? r One piece of ordinary maa addressed lo: pp . NORTHWEST CONSUMER DISCOUNT COMPANY O ? 23 PENROSE PLACE CARLISLE, PA 17013 PS Form 3817, Mar. 1989 U. S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER 115 PV&Received From: Irn If 916 55,33 1 IiEaH ?f11Aei'9?IgP4 412 281-1725 Qh One place of ordinary mail addressed to: TENANT OCCUPANT h 250 OAK GROVE COURT °- G MECHA <zvcBURGrPA 17033 ,{n S PS Form 3817, Mar. 1989 'BOVIDE FOR INSURANCEPOSTMASTERNA rIDNAL MAIL, DOES NOT 4 PCs. Received From: y * y ?? LOUIS P. VIT44 ASS-l?A4?1 -tea 8 F7 F1 M-PAVtj= 0 V (412) 281-1725 P One piece of ordinary mail addressed to: 1100 TOWN & COUNTRY ROAD ORANGE, CA 92868 PS Form 3817, Mar. 1989 Affix fee here in sumps or meter postage and post mark. Inquire of Postmaster for current k NOEL/RLK 12/6 Affix fee here in stamps or mater postage and past mark. Inquire of Postmaster for current fee, 4135 2 00 5219 ;RANT fl Nq?, s9 s z RLK aJ\t? 12/6 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current 54135 02 00 15219 12/6 Affix lee here In stamps or meter postage and post mark. Inquire of postmaster for current Racelved From; LOUIS P. WTIF8? TS8:os 1 ss f? slP r111ti 1?AUC.TF-!PA O 2 1 9 One piece of ordinary mail addressed to: 250 OAK GROVE COURT PS Form 3817, Mar. 1989 c ?= ? I J n -, !=' z i?_u ?:i. =. i _? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE COMPANY, CIVIL DIVISION NO. 99-4385 Civil Code-mortgage foreclosure Plaintiff, vs. CHARLES L. NOEL and PAMELA L. NOEL, husband and wife, RESPONDENT'S REPLY TO PLAINTIFF'S PETITION TO TERMINATE JUNIOR LIENHOLDER'S RIGHTS AND COUNTER-PETITION TO SET ASIDE SHERIFF'S SALE PURSUANT TO PA.R.C.P. 3132 Defendants. THE NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE COMPANY, Petitioner/Respondent vs. FILED ON BEHALF OF THE RESPONDENT/PETITIONER, NORTHWEST CONSUMER DISCOUNT COMPANY Counsel of record for this party: DANIEL J. GATES, ESQUIRE Pa. I.D. # 55330 GATES & ASSOCIATES, P.C. 415 Northgate Drive Warrendale. PA 15086 (724) 933-5522 NORTHWEST CONSUMER DISCOUNT COMPANY, Respondent/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TO: The Norwest Bank Minnesota, N.A. c/o Louis P. Vitti, Esquire Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 Take notice that the within Counter-Petition to Set Aside Sheriffs Sale Pursuant to Pa.R.C.P. 3132 will be presented to the Motions Judge, Cumberland County, Carlisle, Pennsylvania, as unopposed unless a responsive pleading is filed. Date: 9'Jo - B-e) GATES & ASSOCIATES, P.C. Daniel J. Gates, Esquire Pa.I.D. # 55330 Attorney for Northwest Consumer Discount Company 415 Northgate Drive Warrendale, PA 15086 (724) 933-5522 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF ) AMRESCO RESIDENTIAL SECURITIES CORPORATION ) MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING ) AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 ) WITHOUT RECOURSE, Assignee of AMERIQUEST ) MORTGAGE COMPANY, ) i ) Plaintiff, ) vs. ) CHARLES L. NOEL and PAMELA L. NOEL, husband and wife, ) Defendants. ) No. 99-4385 Civil THE NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF ) AMRESCO RESIDENTIAL SECURITIES CORPORATION ) MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING ) AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 ) WITHOUT RECOURSE, Assignee of AMERIQUEST ) MORTGAGE COMPANY, ) Petitioner/Respondent, ) VS. ) NORTHWEST CONSUMER DISCOUNT COMPANY, ) Respondent/Petitioner. ) RESPONDENT'S REPLY TO PLAINTIFF'S PETITION TO TERMINATE JUNIOR LIENHOLDER'S RIGHTS AND COUNTER-PETITION TO SET ASIDE SHERIFF'S SALE PURSUANT TO PA.R.C.P. 3132 AND NOW, comes the Respondent/Petitioner, NORTHWEST CONSUMER DISCOUNT COMPANY, by and through its attorneys, Daniel J. Gates, Esquire, and Gates & Associates, P.C. and files the within Reply to Plaintiffs Petition to Terminate Junior Lienholder's Rights and Counter-Petition to Set Aside Sheriffs Sale Pursuant to Pa.R.C.P. 3132, whereof the following is a statement: 1. The averments of Paragraph 1 are admitted. 2. The averments of Paragraph 2 are admitted. 3. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 3. 4. It is admitted that Respondent, Northwest Consumer Discount Company, did not receive notice of the Sheriffs Sale conducted in the within matter, however after reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of Paragraph 4. 5. The averments of Paragraph 5 are denied. To the contrary, Northwest Consumer Discount has been deprived of its right of due process of law with respect to its property interest in the subject real estate. 6. The averments of Paragraph 6 consists of a conclusion of law and a prayer for relief to which no response is required. To the extent that a response is required, the same are specifically denied. WHEREFORE, Respondent, Northwest Consumer Discount Company, respectfully requests that Plaintiffs Petition to Terminate Junior Lienholder's Rights be dismissed and further demands that the March 1, 2000, Sheriffs Sale of the subject property be set aside, and that the same be rescheduled with Notice to all appropriate parties pursuant to Pa.R.C.P. 3129.1 and 3129.2. COUNTER PETITION TO SET ASIDE SHERIFF'S SALE PURSUANT To PA.R.C.P. 3132 7. Respondent/Petitioner hereby incorporates its answers to Paragraphs 1 -2- through 6 herein as though more fully set forth at length. 8. Northwest Consumer Discount Company holds a mortgage on the subject real property more specifically known as 250 Oak Grove Court, Mechanicsburg, Cumberland County, Pennsylvania. 9. Said mortgage is dated January 23, 1998, and was properly recorded in the Office of the Recorder of Deeds of Cumberland County on January 27, 1998, at Mortgage Book Volume 1428, Page 608. 10. Pursuant to Pa.R.C.P. 3129.1 and 3129.2, no sale of real property upon a writ of execution shall be held unless and until "every other person who has any record lien on that property" has been served with notice of such an impending sale. 11. The subject real property was sold upon a writ of execution at a Sheriffs Sale on March 1, 2000. 12. Respondent/Petitioner's mortgage was properly recorded at all times relevant hereto. 13. Despite Respondent/Petitioners clear and open possession of a record lien on the subject property, Respondent/Petitioner was not provided with Notice of said Sheriffs Sale. 14. The March 1, 2000, Sheriffs Sale was conducted in violation of Pa.R.C.P. 3129.1 and 3129.2. and served to deprive Respondent/Petitioner of its right of due process of law with respect to its property interest in the subject real estate. -3- WHEREFORE, Respondent/Petitioner, Northwest Consumer Discount Company, respectfully demands that the March 1, 2000, Sheriffs Sale be set aside, and that the same be rescheduled with Notice to all appropriate parties pursuant to Pa.R.C.P. 3129.1 and 3129.2. Respectfully Submitted: Date: 9-ao - o--" GATES & ASSOCIATES, P.C. Daniel J. Gates, Esquire Pa.I.D. # 55330 Attorney for Northwest Consumer Discount Company 415 Northgate Drive Warrendale, PA 15086 (724) 933-5522 -4- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION I, Daniel J. Gates, Esquire, hereby certify that a true and correct copy of the foregoing RESPONDENT'S REPLY TO PLAINTIFF'S PETITION TO TERMINATE JUNIOR LIENHOLDER'S RIGHTS AND COUNTER-PETITION TO SET ASIDE SHERIFF'S SALE PURSUANT TO PA.R.C.P. 3132 and NOTICE TO PLEAD was z,- served as follows this °1O day of September, 2000, via U.S. First Class Mail, postage pre-paid: Louis P. Vitti, Esquire Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (Attorney for The Norwest Bank Minnesota, N.A.) ES & ASSOCIATES, P.C. By: Daniel J. Gates, Esquire Pa.I.D. #55330 415 Northgate Drive Warrendale, PA 15086 Counsel for Northwest Consumer Discount Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF ) AMRESCO RESIDENTIAL SECURITIES CORPORATION ) MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING ) AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 ) WITHOUT RECOURSE, Assignee of AMERIQUEST ) MORTGAGE COMPANY, ) Plaintiff, ) vs. ) CHARLES L. NOEL and PAMELA L. NOEL, husband and wife, ) Defendants. No. 99-4385 Civil THE NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF ) AMRESCO RESIDENTIAL SECURITIES CORPORATION ) MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING ) AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 ) WITHOUT RECOURSE, Assignee of AMERIQUEST ) MORTGAGE COMPANY, ) Petitioner/Respondent, ) vs. ) NORTHWEST CONSUMER DISCOUNT COMPANY, ) Respondent/Petitioner. ) ORDER OF COURT AND NOW, this day of 2000, upon consideration of Respondent/Petitioner's Reply to Plaintiffs Petition to Terminate Junior Lienholder's Rights and Counter-Petition to Set Aside Sheriffs Sale Pursuant to Pa.R.C.P. 3132, it is hereby Ordered, Adjudged and Decreed that Plaintiffs Petition to Terminate Junior Lienholder's Rights is denied. It is further Ordered that the March 1, 2000, Sheriffs Sale of the subject real property located at 250 Oak Grove Court, Mechanicsburg, Cumberland County, Pennsylvania is and shall be set aside. The same may be rescheduled upon full compliance and proper Notice to all appropriate parties pursuant to Pa.R.C.P. 3129.1 and 3129.2. BY THE COURT: -2- N lG a_ Z -t: U t} U ? J` c? ?.J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, assignee of AMERIQUEST MORTGAGE COMPANY, Plaintiff, vs. : 99-4385 Civil CHARLES L. NOEL and PAMELA L. NOEL husband and wife, Defendants. AFFIDAVIT PURSUANT TOR E -11291 Norwest Bank Minnesota et al, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 250 Oak Grove Court. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Charles L. Noel 250 Oak Grove Court Pamela Noel Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. I above 3. Name and last known address of everyjudgment creditor whosejudgment is a record lien on the real property to be sold: Name: NONE Address (Please indicate if this cannot be reasonably ascertained) 4. Name and address of the last recorded holder of every mortgage of record: Name Hams Savings Bank Address (Please indicate if this cannot be reasonably ascertained) 234 N. Second Street P.O. Box 1711 Harrisburg, PA 17105 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) NONE 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name NONE Address (Please indicate if this cannot be reasonably ascertained) 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tax Collector of Monroe Twp. Court of Common Pleas of Cumberland County Domestic Relations Division Commonwealth of PA -DPW Bureau of Compliance Address (Please indicate if this cannot be reasonably ascertained) 1375 Creek Road Willow Springs, PA 17007 c/o Richard K. Betts P.O. Box 320 Carlisle, PA 17013 P.O. Box 8016 Harrisburg, PA 17105 Clearance Support Section Dept. #281230 Bureau of Compliance Tenant/Occupant Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 250 Oak Grove Court Mechanicsburg, PA 17055 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. Section 4904 relating to unsworn falsification to authorities. September 15, 1999 Date Notarial Spat Ann M. Gonzales. Nome ryy Public PrItsburph. Ahagheey C;, 17 y My Commission g Au n'. ?;-nn ember. ennsyMnnz As-,',lt*r !it nle;a: e, i, is P. Vitti, Esquire Attorney for Plaintiff SWORN TO and subscribed before me this 15th day CI C C t CASE NO: 1999-04385 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORWEST BANK MINNESOTA THE ET VS. NOEL CHARLES L ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon NOEL CHARLES L the defendant, at 10:08 HOURS, on the 22nd day of July 1999 at 250 OAK GROVE COURT MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to TIM NOEL (ADULT SON) a true and attested copy of the NOTICE AND COMPLAINT IN together with MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. M. Sheriff's Costs: So answers: 0 Docketing 18.00 Service 6.20 Affidavit .00 - Surcharge 8.00 R m s in 5 ra $3Z?0LLO%23/P. VITTI by A? a era. Sworn and subscribed to before me this d 3• day of 19-t? A.D. ??ono ar? SHERIFF'S RETURN - REGULAR CASE NO: 1999-04385 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORWEST BANK MINNESOTA THE ET vs. NOEL CHARLES L ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon NOEL PAMELA L the defendant, at 10:08 HOURS, on the 22nd day of July 1999 at 250 OAK GROVE COURT MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to TIM NOEL (ADULT SON) a true and attested copy of the NOTICE AND COMPLAINT IN together with MORTGAGE FORECLOSURE and at the same tim?-, directing His attention to the contents thereof. Sheriff's Costs: -......_,s.- Docketing 6.00 So answers: Service Affidavit .00 ? Surcharge 8.00 omas e, e i LOUIS P. ITTI 07/23/1999 by JQ _?/?[ mm hYl //n epu y 5 ri Sworn and subscrib to before me this day of 199_ A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, assignee of AMERIQUEST MORTGAGE COMPANY, Plaintiff, vs• 99-4385 Civil CHARLES L. NOEL and PAMELA L. NOEL husband and wife, Defendants. 1, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute. That the Defendants' last known address is 250 Oak Grove Court, Mechanicsburg, PA 17055. " - -i - Lou . Vitti, Es SWORN TO and subscribed before me this 15th day of September, 1999. i otaN ry Public --- -- Ann M tian.•.ffi.4 f!oi:??, rluhk: f rtt."J%Agll Nr.•j!!nny LC:,,:, 41y f..unnni;,inn 6xurd5l..uq../. ^.pr•U enmr. Pennsyw a ASSUu.1110n 01 Noianes r c? y d ? wC i$ 0 J.. !J. [I'r. a •1J > . L?U N Q a _ ' :.iJtL ? ] y rn > CU NOTICE OF SIIERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSI'LVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Charles Noel Pamela Noel 250 Oak Grove Court Mechanicsburg, PA 17055 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on March 1, 2000 at 10:00 A.M., the following described real estate, of which Charles and Pamela Noel are owners or reputed owners: Twp of Monroe, Cry of Cumberland, Cmwlth of PA. HET a dwg k/a 250 Oak Grove Court, Mechanicsburg, PA 17055. Parcel No. 22-10-0644-078. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Norwest Bank Minnesota et al vs. Charles and Pamela Noel at 99-4385 Civil in the amount of S 170,952.90. Claims against property must be tiled at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. I f the judgment was entered because you did nut lily with the Coun any defense or objection you might have within twenty (20) days alter service of the Complaint for Mortgage Foreclosure and Notice to Defend. you may have the right to have thejudgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing, to file the detense on time. Ifthejudument is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue oflvhether the Plaintiff has a valid claim to foreclose the klort?aage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return ofsevice ofthe Complaint and Notice to Defend or if thejudgntent was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate anv other legal or equitable tight. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are detects in the Sheriff's Sale. To exercise this right. you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is tiled within ten ( 10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Jar L is . Vitti. Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 231-1725 "THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** ALL that certain lot or parcel of land situate in the Township of Munroe, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southwestern side of Oak Grove Court at the dividin_ line between Lots No. 9 and 10 as shown on the plan of lots hereinafter mentioned, thence along said dividing line between Lots Nos 9 and 10, the two (2) courses and distance: (2) South 49 degrees 16 minutes 40 seconds West. a distance of 100 feet to a point, and (2) South 24 degrees 52 minutes 6 seconds West. a distance of 476.74 feet to a point at comer of Lots Nos 10 and 1: thence alon_ line of lands now or formerly of Moran L. and Ruth K Hertz:er, North 54 degrees 41 minutes 20 seconds past. a distance of 536.74 feet to a point at the dividing line between Lots Nos. 9 and S an shown on the hereinafter mentioned plan of lots: thence along said dividing line between Lots Nos 9 and S. North 40 degrees 43 minutes 20 seconds West. a distance of 202.34 feet to a point at the cul-de-sac end of Oak Grove Court: thence alone southern portion of said end of Oak Grove Court (in a generally sourthwestvardly direction) on a curve to the right having a radius of 50 feet. an arc distance of 78,54 feet to a point on the sourthvestem side of Oak Grove Court at the dividing line between Lots Nos. 9 and 10 as shown on the plan of lots hereinafter mentioned. the place of beginning. BEING Lot No. 9 as shown on plan of lots entitled "Final-subdivision Plan, Oak Grove Acres", dated October 25, 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, page 60. HAVING erected thereon a dwelling known as 250 Oak Grove Court. Nlechanicsburg, PA 17055. BEING the same premises which Robert D. Yentzer and Muretta L. Yentzer by deed dated October 11, 1983 and recorded on November 15, 1988 in the Cumberland County, Pennsylvania. Recorder of Deeds Office in Deed Book Volume 33R, page 109, granted and conveyed unto Charles L. and Pamela L. Noel. .. . . :3.1. . . .. . L 1- j? 6 J ??Jn U. ?`: }? ?; :' ++- X17 C i '- ' ; ? ??? -J ''T N ? ' j "n Cy ?i;l ??-. d 4.i c.... is iiL V,? 0 ? ?y Ct ? 'J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE COMPANY, Plaintiff, VS. CHARLES L. NOEL and PAMELA L. NOEL, husband and wife, Defendants. THE NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE COMPANY, Petitioner, VS. NORTHWEST CONSUMER DISCOUNT COMPANY, Respondent. CIVIL DIVISION NO. 99-4385 Civil Code-mortgage foreclosure RESPONDENT'S REPLY TO PLAINTIFF'S MOTION TO OPEN SHERIFF'S SALE AND RESELL FORECLOSED REAL ESTATE FILED ON BEHALF OF THE RESPONDENT, NORTHWEST CONSUMER DISCOUNT COMPANY Counsel of record for this party: DANIEL J. GATES, ESQUIRE Pa. I.D. # 55330 GATES & ASSOCIATES, P.C. 415 Northgate Drive Warrendale, PA 15086 (724) 933-5522 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE COMPANY, Plaintiff, vs. CHARLES L. NOEL and PAMELA L. NOEL, husband and wife, Defendants. THE NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE COMPANY, Petitioner, vs. NORTHWEST CONSUMER DISCOUNT COMPANY, Respondent. No. 99-4385 Civil RESPONDENT'S REPLY TO PLAINTIFF'S MOTION TO OPEN SHERIFF'S SALE AND RESELL FORECLOSED REAL ESTATE AND NOW, comes the Respondent, NORTHWEST CONSUMER DISCOUNT COMPANY, by and through its attorneys, Daniel J. Gates, Esquire, and Gates & Associates, P.C. and files the within Reply to Plaintiff's Motion to Open Sheriffs Sale and Resell Foreclosed Real Estate, whereof the following is a statement: The averments of Paragraph 1 are admitted. 2. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 2. By way of further response, Respondent holds a mortgage on the subject real estate, said mortgage being properly recorded in the Office of the Recorder of Deeds of Cumberland County on January 27, 1998, at Mortgage Book Volume 1428, Page 608. 3. The averments of Paragraph 3 are admitted. 4. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 4. By way of further response, Respondent, a valid mortgage-holder, was not served with notice of the aforementioned Sheriffs Sale as required by Pa.R.C.P. 3129.1 and 3129.2. 5. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 5. 6. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 6. 7. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 7. 8. After reasonable investigation, Respondent is without knowledge or information sufficient to forma a belief as to the truth of the averments of Paragraph 8. By way of further response, Respondent, a valid mortgage-holder, was not served with notice of the aforementioned Sheriffs Sale as required by Pa.R.C.P. 3129.1 and 3129.2. -2- 9. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 9. 10. Paragraph 10 contains conclusions of law to which no response is required. As to any averments of fact, after reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of said averments of Paragraph 10. 11. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 11. 12. The averments of Paragraph 12 are admitted in part and denied in part. It is admitted that Petitioner's failure to comply with Pa.R.C.P 3129.1 and 3129.2 may create a question concerning the title obtained by the purchaser at the sheriffs sale which may adversely affect the marketability and insurability of the title. It is specifically denied that said failure in compliance was a "technical omission." To the contrary, Petitioner's failure to comply with Pa.R.C.P. 3129.1 and 3129.2 served to deprive Respondent of its right of due process of law with respect to its property interest in the subject real estate. 13. Paragraph 13 is a conclusion of law to which no response is required. 14. Paragraph 14 is a conclusion of law to which no response is required. However, by way of further response, Respondent avers that said conclusion of law is an incorrect conclusion of law. To the contrary, Petitioner's failure to comply with Pa.R.C.P. 3129.1 and 3129.2 requires that the March 1, 2000, Sheriffs Sale of the subject property be set aside in its entirety and that the same be rescheduled with -3- Notice to all appropriate parties and with strict compliance to all provisions of Pa.R.C.P. 3129.1 and 3129.2. To allow the rescheduling of said sale without the requirement of said provisions, including publication pursuant to Pa.R.C.P. 3129.2 (d) would substitute one defective sale for another, further depriving Respondent of its right of due process of law with respect to its property interest in the subject real estate. WHEREFORE, Respondent, Northwest Consumer Discount Company, respectfully requests that Petitioner's Motion to Open Sheriff's Sale and Resell Foreclosed Real Estate be denied, that the March 1, 2000, Sheriffs Sale be set aside, and that the same be rescheduled with Notice to all appropriate parties with strict compliance to Pa.R.C.P. 3129.1 and 3129.2, including publication pursuant to Pa.R.C.P. 3129.2 (d). Respectfully Submitted: TES & ASSOCIATES, P.C. Date: /0 ' (o cry By: Daniel J. Gates, Esquire Pa.I.D. # 55330 Attorney for Northwest Consumer Discount Company 415 Northgate Drive Warrendale, PA 15086 (724) 933-5522 -4- r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CERTIFICATE OF SERVICE I, Daniel J. Gates, Esquire, hereby certify that a true and correct copy of the foregoing RESPONDENT'S REPLY TO PLAINTIFF'S MOTION TO OPEN SHERIFF'S SALE AND RESELL FORECLOSED REAL ESTATE was served as follows this _L2 Dctr ber day ofd, 2000, via U.S. First Class Mail, postage pre-paid: Louis P. Vitti, Esquire Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (Attorney for The Norwest Bank Minnesota, N.A.) G TES & 7ASSOCIATI?S, P.C. By: Daniel J. Gates, Esquire Pa.I.D. #55330 415 Northgate Drive Warrendale, PA 15086 Counsel for Northwest Consumer Discount Company ?? r. ?.: U: ?___ ' i..i, _ O? I l {... G' (:_ 1: ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE COMPANY, Plaintiff, vs. CHARLES L. NOEL and PAMELA L. NOEL, husband and wife, Defendants. THE NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE COMPANY, Petitioner/Respondent, VS. NORTHWEST CONSUMER DISCOUNT COMPANY, Respondent/Petitioner. ORDER OF COURT No. 99-4385 Civil AND NOW, this day of , 2000, upon consideration of Petitioner's Motion to Open Sheriffs Sale and Resell Foreclosed Real Estate and Respondent's Reply thereto, it is hereby Ordered, Adjudged and Decreed that Plaintiffs Petition to Terminate Junior Lienholder's Rights is denied. It is further Ordered that the March 1, 2000, Sheriffs Sale of the subject real property located at 250 Oak Grove Court, Mechanicsburg, Cumberland County, Pennsylvania is and shall be set aside. The same may be rescheduled upon full compliance and proper Notice to all appropriate parties pursuant to Pa.R.C.P. 3129.1 and 3129.2. BY THE COURT: -2- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA THE NORWEST BANK MINNESOTA. N.A., AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE I, 1998 WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE COMPANY, Plaintiff, vs. CHARLES L. NOEL and PAMELA L. NOEL, husband and wife, CIVIL DIVISION NO. 99-4385 Civil AMENDED ORDER OF COURT Code - mortgage foreclosure Filed on behalf of' Plaintiff Counsel of'record for this party: Louis P. Vitti. Esquire PA I.D. #3810 Supreme Court #01072 Louis 1'. Vitti &: Assoc.. P.C. 916 Fifth Avenue Defendants. Pittsburgh. PA 15219 (412) 281-1725 a. s i ;l yt, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUSTEE 1998-2 UNDER TI II POOLING: AND SERVICING AGREEMENT DATED AS OF A INE 1. 1998: WITHOUT RECOURSE. Assignee of AMHRIQI JEST MORTGAGE COMPANY. Plaintiff. VS. : NO. 99-4385 Civil CHARLES L. NOEL and PAMELA L. NOEL, husband and wife, Defendants. AMENDED ORDER OF COURT i1 AND NOW, this day of 1J 2000, upon consideration of the Motion of Plaintiff in the above matter, it is hereby ORDERED, ADJUDGED AND DECREED that the Sheriff's Sale on March 1, 2000 of premises at 250 Oak Grove Court, Mechanicsburg, PA 17055 , Cumberland County, Pennsylvania, is hereby set aside for purpose of Notice and allowance of opportunity for lienholder(s) to bid in excess of $170,952.90 and it is further ordered that the Sheriff shall offer said premises without further advertisement or notice by the Sheriff at the next regular sheriff's sale taking place December 6, 2000, after notice of the sale and a copy of this Order has been served on lienholder(s) by ordinary mail addressed to lienholder(s). An affidavit of such service shall be filed with the Office of the Prothonotary and with the Sheriff. Should there be no bids by lienholder(s) in excess of $170,952.90, the sale conducted March 1, 2000, by the Sheriff shall be affirmed upon tiling of an affidavit by counsel for Plaintiff, that there were no third party bidders. J. ..... r. r? ??r Louis P. Vitti and,4ssociates, P.C. COUNSELLORS AT LAW 918 FIFTH AVENUE PITTSBURGH, PENNSYLVANIA 15219 PHONE: (412) 281.1725 FAX: (412) 281-3810 LOUIS P. virn RODNEY PF.RMIGIANI RLAISE I. GU'LF.WIC2 M* Member I oday is Frlda\' October 20. 2000 The Honorable Fdgar B. Bayley Cumberland County Courthouse, One Courthouse Square Carlisle, PA 17013 RE: The Norwest Bank Minnesota, et al. v. Charles L. Noel, et aux. No. 99-4385 Civil Dear Judge Bayley: I am enclosing herewith an original and one copy of an Amended Order of Court with respect to the above-captioned matter. Also enclosed is a copy of the previous order entered for your information purposes. The Amended Order of Court is being directed to you for the sole purpose of correcting the sale date which should be December G, 2000 and not November 22. 2000 as stated in previous order. Would you kindly sign same and return to this office in the self-addresed, stamped envelope provided for your convenience', Thank you for your courtesy. Very truly yours. 131aisc J. (iuzcl i BJG:kc encl. I1CT I ] 2000, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING: AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998: WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE COMPANY, Plaintiff, VS. : NO. 99-4385 Civil CHARLES L. NOEL and PAMELA L. NOEL, husband and wife, Defendants. AND NOW, this Z day of 2000 , upon consideration of the Motion of Plaintiff in the above matter, it is hereby ORDERED, ADJUDGED AND DECREED that the Sheriff's Sale on March 1, 2000 of premises at 250 Oak Grove Court, Mechanicsburg, PA 17055 , Cumberland County, Pennsylvania, is hereby set aside for purpose of Notice and allowance of opportunity for lienholder(s) to bid in excess of $170,952.90 and it is further ordered that the Sheriff shall offer said premises without further advertisement or notice by the Sheriff at the next regular sheriff's sale taking place November 22, 2000, after notice of the sale and a copy of this Order has been served on lienholder(s) by ordinary mail addressed to lienholder(s). An affidavit of such service shall be filed with the Office of the Prothonotary and with the Sheriff. Should there be no bids by lienholder(s) in excess of $170,952.90, the sale conducted March 1, 2000, by the Sheriff shall be affirmed upon filing of an affidavit by counsel for Plaintiff, that there were no third party bidders. B E( o'i : R?g S,- `' 1 _. +;'i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE COMPANY, VS. Plaintiff, CIVIL DIVISION No.99-4385 Civil MOTION TO OPEN SHERIFF'S SALE AND RESELL FORECLOSED REAL ESTATE Filed on behalf of Plaintiff Counsel of record for this party: CHARLES L. NOEL and PAMELA L. NOEL, husband and wife, Blaise J. Guzewicz, Esquire PA ID #56455 Defendants. Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES .CORPORATION MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING: AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998: WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE COMPANY, Plaintiff, VS. : NO. 99-4385 Civil CHARLES L. NOEL and PAMELA L. NOEL, husband and wife, Defendants. MOTION TO OPEN SHERIFF'S SALE AND RESELL FORECLOSED REAL ESTATE AND NOW, comes the Plaintiff, The Norwest Bank Minnesota et al., by and through its attorneys, Louis P. Vitti & Associates, P.C. and motions this Court to order a special resale of property whereof the following is a statement: 1. The Sheriff of Cumberland County pursuant to a writ of execution issued on September 29, 1999 , in this mortgage foreclosure action did sell premises on March 1 2000, as the property of the defendant. The sale was to the Plaintiff Petitioner. 2. Certain lienholder(s) are the holder(s) of a judgment(s) against the above-captioned defendant. 3. Pennsylvania Rules of Civil Procedure 3129.1 and 3129.2 require Notice of Sheriff's Sale be given to the holder of any record lien on the premises being sold by ordinary mail at least thirty (30) days prior to the sale. 4. Such Notice of the Sheriff's Sale was not received by said judgment holder. 5. At the sheriff's sale, the only bid entered was on behalf of the plaintiff for the costs of the sale, although plaintiff was prepared to bid a sufficient amount to insure that it received from the funds received by the Sheriff on account of the sale an amount sufficient to pay to plaintiff the fair value of the mortgage, such amount being in excess of $170,952.90 6. No member of the public attending the sale entered any bid. 7. Had any judgment holder been present at the sale he would have been required to bid an amount as high as that which plaintiff was prepared to bid because the fair value of the premises being sold was not sufficient to enable Respondent to receive in payment of his judgment any funds from the proceeds of a sheriff's sale at the fair market value. The appraised value was $140,000.00. 8. Except as stated herein, all notices and advertisements of this sheriff's sale required by Pa. R.C.P. 3129.1 and 3129.2 were given. 9. The advertisements of the sale were accessible and available to all judgment holders. 10. All judgment holders at the time of obtaining judgment against the defendant herein could have caused the property sold in this action to have been sold by the Sheriff (subject to the mortgage foreclosed herein) to satisfy any judgment but did not do so because the value of said property is insufficient to justify a bid high enough to satisfy any part of Respondent's judgment. 11. The judgment lien(s) did not secure any part of any other judgment because the value of the property at the sheriff's sale was less than the prior mortgage lien foreclosed upon in this action. 12. The technical omission of the mailing of a notice of the sale to respondent creates a question concerning the title obtained by the purchaser at the sheriff's sale which may adversely affect the marketability and insurability of the title. 13. Marketability and insurability of the title will be assured by an Order of this court affirming that the sheriff's sale was valid and unencumbered by said judgment lien. 14. If any judgment holder contests any of the averments of this petition then the sheriff's sale must be set aside and the property be offered at a new sale of which judgment holder is notified in accordance with Pa. R.C.P. 3129.2(c) (1) (iii). WHEREFORE, Petitioner prays that the Sheriff's Sale of said premises be set aside and the premises be resold by the Sheriff after notice of such resale to the parties in accordance with Pa. R.C.P. 3219.2(c) (1) (iii) but without further notice of advertisement. Respectully Submitted Louis P. Vitti & Associates SAS wicz, E re Blaise J. Vv Attorney etitioner VERIFICATIQN AND NOW Blaise J. Guzewicz, Esquire verifies that the statements made in this Motion to Open and Sheriffs Sale and Resell Foreclosed Real Eastate are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the Court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. Blaise J. Guze z Dated: September 27, 2000 TO: Northwest Consumer Discount Company c/o Gates & Associates, P.C. 415 Northgate Drive Warrendale, Pennsylvania 15068 Sheriff of Cumberland County Cumberland County Courthouse Carlisle, PA 17013 TAKE NOTICE that the within Motion To Open Sheriff's Sale and Resell Foreclosed Real Estate will be presented on 1 c T c cc before the Motions Judge, Cumberland County, Pennsylvania. LOUIS P. VITTI & ASSOC., P.C. ??xu vat Blaise J. Guze cz, Esquir Attorney for intiff I hereby certify that a true and correct copy of the within Motion was mailed to the above, this day of G el ' 2000. Blaise J. Guz icz, ire ,. ?•? ,.; ? ` ' ? - = ; ? ,- , . -. ,. ;., ? _; ? ` _ .? s - ??- ,.. ' r ?_ ?:_? ?'} V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-2 UNDER POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE COMPANY VS. Plaintiff, CHARLES L. NOEL and PAMELA L. NOEL, husband and wife Defendants. CIVIL DIVISION No.99-4385 Civil AFFIDAVIT OF SERVICE Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA, N.A. AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUSTEE 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE I, 1998 WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE COMPANY, Plaintiff, VS. NO. 99-4385 CHARLES L. NOEL and PAMELA L. NOEL husband and wife, Defendants. AFFIDAVIT OF SERVICE 1, Rebecca L. Kirch, do hereby certify that a Notice of Sale was mailed and served upon the lien holder, Northwest Consumer Discount Company by Certificate of Mailing for service in the above-captioned case on November 3, 2000, advising them of the Sheriffs sale of the property at 250 Oak Grove Court, Mechanicsburg, PA 17055, on December 6, 2000. LOUIS P. VITTI & ASSOCIATES, P.C. BY Re ecca L. Kirch SWORN to and subscribed Seal before me this 7th day F'tts My neryyl n Ed1e?Notary Public bu Atlegneny County of N ember, 2000. mmiss ion Expires June ?o, 2002 Member, Pennsylvania Association of Notaries r Notary P lic J Affix fee here In stamps er meter postage and post mark. Inquire of Postmaster for current Rn9 41 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE NORWEST BANK MINNESOTA. N.A., AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUSTE 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1. 1998. WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE COMPANY. CIVIL DIVISION NO. 99-438> AFFIDAVIT OF NO BIDS Code - MORTGAGE FORECLOSURE Filed on behalf of Plaintilt' Plaintiff. vs. CHARLES L. NOEL and PAMELA L. NOEL. husband and wife. Counsel of record for this party: Louis P. Vitti. Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Filth Avenue Defendants. Pittsburgh, PA 15219 (413) 281-1735 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA, N.A., AS TRUSTEE ) OF AMRESCO RESIDENTIAL SECURITIES CORPORATION ) MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING ) No. 99-4385 AND SERVICING AGREEMENT DATED AS OF .TUNE I. 1998 ) WITHOUT RECOURSE, Assignee of AMERIQUEST MORTGAGE ) COMPANY, ) Plaintiff, ) vs. CHARLES L. NOEL and PAMELA L. NOEL, husband and wire Defendants. AFFIDAVIT OF NO-BIDS 1, Louis P. Vitti. do hereby certify that there were no third party bidders at the sale of the above-referenced case on December 6. 2000, therefore affirming the sale of March 1,2000. LOUIS P. VITTI & ASSOCIATES. P.C. BY 6ttorneyLo SWORN to and subscribed before the this 6thday of December, 2000. Public s P. Vit[i, Lsquic for Plaintiff Kathleen C' Pittsburgh, Cormniss-nn ?s ?'' -; -- n t_: ?'- "' J i.? L : ? ?.? .a .. p rJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, assignee of AMERIQUEST MORTGAGE COMPANY, CIVIL DIVISION NO. 9 Ce -- /?3 SS? ?! v c ? V A1s, COMPLAINT IN MORTGAGE FORECLOSURE Code MORTGAGE FORECLOSURE Plaintiff, vs. CHARLES L. NOEL and PAMELA L. NOEL, husband and wife, Defendants. Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 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 THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND 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 SHOULD 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AND NOW., comes the Plaintiff by its attorneys, Louis P. Vitti and Associates, P.C. and Louis P. Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following: I. The Plaintiff is a corporation duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located c/o 505 South Main Street, Suite 6000, Orange, CA 92868. 2. The Defendant(s) is/are individuals with a last known mailing address of 250 Oak Grove Court, Mechanicsburg, PA 17055. The property address is 250 Oak Grove Court, Mechanicsburg, PA 17055 and is the subject of this action. 3. On the 17th day of December, 1997, in consideration of a loan of One Hundred Forty- Eight Thousand, Five Hundred and No/100 ($148,500.00) Dollars made by Ameriquest Mortgage Company, a DE corporation, to Defendant(s), the said Defendant(s) executed and delivered to Ameriquest Mortgage Company, a DE corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and Ameriquest Mortgage Company, as mortgagee, which mortgage was recorded on the 26th day of December, 1997, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1423, page 1026. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. 4. The premises secured by the mortgage are: (See Exhibit "A" attached hereto.) 5. Subsequent thereto, Ameriquest Mortgage Company, a DE corporation, assigned to the Plaintiff, Norwest Bank Minnesota, N.A., as Trustee of AMRESCO Residential Securities Corporation Mortgage Loan Trust 1998-2 Under the Pooling and Servicing Agreement dated as of June 1, 1998 Without Recourse, the said mortgage, that assignment being recorded in the Office of the Recorder of Deeds of Cumberland County and the said assignment is incorporated herein by reference. 6. Said mortgage provides, inter alia: "that when as soon as the principal debt secured shall become due and payable, or in case default shall be made in the payment of any installment of principal and interest, or any monthly payment, keeping and performance by the mortgagor of any of the terms, conditions or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attomey's fees." 7. Since February 1, 1999, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest) and, under the terms of the mortgage, the entire principal sum is due and payable. 8. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagees intention to foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been served upon the mortgagor(s). 9. The amount due on said mortgage is itemized on the attached schedule. 10. Plaintiff does hereby release the personal representative, heir and/or devisee of the mortgagor(s) from liability for the debt secured by the mortgage. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of One Hundred Sixty-Nine Thousand, One Hundred Thirteen and 82/100 Dollars ($169,113.82) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. BY Louis P. Vitti, Esquire Attorney for Plaintiff i I Noel, Charles L. SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest @ 39.9800 per day from 01/01/99 through 07/31/99 (Plus $39.9800 per day after 07/31/99 ) Late charges through 07/01/99 0 months @ 76.55 0,00 Accumulated beforehand 673.51 (Plus $76.55 on the 17th day of each month after 07/01/99 ) Attorney's fee Escrow deficit (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriff's sale) BALANCE DUE 147,630.42 8,475.76 673.51 7,381.52 4,952,41 169,113.82 1211797 "•• oe ee COMA rMENT FOR TITLE UOURANCE gC®Ulj A COTfliNOgy Cwnitp t No. CUL21907 File Rusher, ?ht41170100 Legal bererlption ALL thst certain let ar partal of land situated in the 7o1nshlp of "lance, County of C1oKbarland and Coeaomealth of Ps,nnrylvania, tuts partitvlarlY bounded and described as fallout, g501Ia11303 at a point an the swthtistem aIda of Oak drove on= at CUM dividing 11" Mtheaan Leta b. s and 10 As shown as the plea of lots bsreitaftar rntiarud, then,, along 2634 dividing Jim ket,m, late vas. 8 sad 10, the following then 111 Courses and d32tanc22, (1) South 49 degrees li minutes 40 seconds vast, a distance of 100 feet to a Paint, Gad (1) South 14 degrees 51 minutes t seoaeds Mast, a dLatanoe of 479.74 feat to a point at comer of Late Now. 10 and 11 thence along line of lands now an farMrly of Woman L. aid Ruth A. Rartsles, Worth 54 14 /tie 41 minutes 20 seconds Rant, a diatanee of 589.74 feet to a point at the dlv Ling line betties Lots Noe. S and 2 an shown an the hereinafter mancloned plan at lets) thence along said dividing line betveen tots lbs. S sad 8, Worth 40 degrees 41 Minutes 10 seconds West, a distance of 101.14 feet to a point at the cul-de-sac and of Oak Grove, Coartl thence along southern portion of said end of oak Grave Court lie a generally swthueetwardly diraotion) on a curve to the right ha" a radius of 50 Lest, an ate distance of 75.54 test to A point an the swthwatem side of oak Oren Court at the dlv3ding line, batmen Lots M02. S and 10 as sbova on the Plan of lots hereinafter mentioned, the place of $1011M1110. llrm lot 310. 5 as shove On plea of lots "titled ?anal-t.Ibdivleion Plan, Oak Gr,vo Arms. dated October 25, 3086, and recorded in the Office of the Recorder of Deeds in and for cuabarland County, seanaylvanla, in Plat gook 01, Page go. The above described promises are conveyed under and subject, neverthelsas, to (1) the drainage esaansnt, and (1) the assonant or right-at-ray of prior record indicated as -Not. td. Co. A.O. W. •. as both are shave and located on the above mentioned plan it lots. EXHIBIT' WE HEREBY CERTFY THIS TO BE A TRUE AND CORRECT COPYOF THE ORIGINAL BY: 2l AMERIOVEST TOA13E COMPANY Me t Itar b 1-111 nelvt the Inbr1M revetalms N ae12N1es a a,, t ue ntte,ebea Chicago Title lneunata Cospany. AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. Louis P. Vitti Dated: July 8, 1999 ?• a C: _ M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, assignee of AMERIQUEST MORTGAGE COMPANY Plaintiff, CIVIL DIVISION No 99-4385 Civil PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE VS. CHARLES L. NOEL AND PAMELA L. NOEL, husband and wife, Defendants. Code 140 MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this parry Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, assignee of AMERIQUEST MORTGAGE COMPANY, Plaintiff, vs. 99-4385 Civil CHARLES L. NOEL and PAMELA L. NOEL husband and wife, Defendants. PRAE IP . FOR D .FAIUL.T .JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $170,952.90, in favor of the Norwest Bank Minnesota et al, Plaintiff in the above-captioned action, against the Defendants, Charles and Pamela Noel and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance $147,630.42 Interest from 1/1/99 - 9/15/99 10,314.84 (Plus $39.9800 per day after 9/15/99) Late charges (Plus $76.55per 673.51 month from 7/1/99 - 3/l/00) Attorney's fee 7,381.52 Escrow Deficit _4452,61 (Plus any additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) Total Amount Due $IX25= The real estate, which is the subject matter of the Complaint, is situate in Twp of Monroe, Cty of Cumberland, Cmwlth of PA. HET a dwg k/a 250 O Grove Court, Mechanicsburg, PA 17055. Parcel No 22-10-0644-078. Louisl'. itti, Esqui Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, assignee of AMERIQUEST MORTGAGE COMPANY, Plaintiff, vs. : 99-4385 Civil CHARLES L. NOEL and PAMELA L. NOEL husband and wife, Defendants. I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on August 12, 1999, giving ten (10) day notice that judgment would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.C. ? -&?- BY: vl Lout . itti, Esqut Attorney for Plaintiff SWORN to and subscribed before me this 15th day of September, 1999. - N S u is Ann M Nolaiial Seal Gonzalo:; Notn ry-PUbhf POtsbur9h, Alloc?hyny o" My Comrmsslon Erpires Auq. I ;n 200r Memhei Pennsv0.a a is AS:auatlon nt Nf;nuo? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF AMRESCO RESIDENTIAL. SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, assignee of AMERIQUEST MORTGAGE COMPANY, Plaintiff, VS. No. 99-4385 Civil CHARLES L. NOEL and PAMELA L. NOEL, husband and wife, Defendants, IMPORTANT NOTICE TO: Charles L. Noel Pamela L. Noel 250 Oak Grove Court Mechanicsburg, PA 17055 Date of Notice: August 12, 1999 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 YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)2 LOUI LOUI 9 VITTI & ASS BY: _ ! -- - Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, SS: COUNTY OF ALLEGHENY BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, who, being duly sworn according to law, deposes and says that he is advised and believes that DEFENDANT(S) is/are not presently in the active military service of the United States of America and not members of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor engaged in any active military service or duty with any military or naval units covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military service, and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act, and that the averments herein set forth, insofar as they are within his knowledge, are correct, and true; and insofar as they are based on information received from others, are true and correct as he verily believes. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of 1940. ??, i_ Lo P. Vitti, Esquire SWORN to and subscribed before me this 15th day of September, 1999. ?ry Public _ r, r I C uj c; WL_ (V cy, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, assignee of AMERIQUEST MORTGAGE COMPANY, CIVIL DIVISION No. 99-4385 Civil AFFIDAVIT OF SERVICE Code Filed on behalf of Plaintiff Plaintiff, VS. Counsel of record for this party: CHARLES L. NOEL and PAMELA L. NOEL, husband and wife, Defendants. Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, assignee of AMERIQUEST MORTGAGE COMPANY, Plaintiff, Vs. CHARLES L. NOEL and PAMELA L. NOEL, husband and wife, Defendants. No. 99-4385 Civil I, Marsha Weyand , do hereby certify that a Notice of Sale was mailed and served upon all Lien Holders, by Certificate of Mailing, for service in the above-captioned case on September 17, 1999, advising them of the Sheriff fIs sale of the property at 250 Oak Grove Court, Mechanicsburg, PA 17055, on March 1, 2000. LOUIS P. VITTI & ASSOCIATES, P.C. BY Marsha Weyandt SWORN to and subscribed before me this 16th day of February, 2000. t=? 916 FIFTH One Piece of ordinary mail addressed to: PS Form 3817, Mar. 1 C CG, r-? L!? ae-+? 71e 5 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONA IL ES NOT PRO T Recemed From: 916 FIFTH AVENUE PITTSBURGH PA 15219 (412) 281-1725 / _.. o One piece of ordinary mail (addressed to: or ? l 375??PLL ?oa l? llo ?. nr ?A 1-7 o6 '7 PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVI m S Received From: 916 FIFTH AVENUE t., SBUR?y PI , (412) 281-1725 r. U crc? ti One Piece of ordinary mail adtlreased to: \brS 3 nd COJC? ?? MMD le0. \C az PS Form 3817, Mar. 1989 Y V, 11 Afriff jeeffe ir*tamps or 1&15 Postage and post mak. Inypire of Poatmax?'sr for currant fee.v C)UNIrFO C) f f N A • ''[i 7 Cn Itl1 Y ,o 0 ??` m W Il Ln -• -a N V I N O I ,O ,O O, ?c,v/ NOFL Affix fee here in stamps or meter postage and post mark. Inquire of Postr8aster for current fee. v ON 00 NN- 1a 0 all v ? V QUf{M???rr??I`?=xpxxO p i/ C O t Y T QI?1 y? a CaltI -• N ,Y3X I AIQR bT Mrs *1 stamps m or-MAarsyostage and p0151 O111W Inquire of Posa4ter for cnnent fee. A QUN4(Ol r Q IfS? r to Cd`? C7 n O N 9 M rp 1 m Oo ?-xN I N V ? N ,0 /S 6 ?. CERTIFICATE OF MAILING Affix lea here in stamps or meter postage and U.S. POSTAL SERVICE MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT posOVCk-Jnq*he of nt PROVIp(1 IQe5GtgeJ4TfiP9FMA$f@(1GI ATC PoslpaB tjor curre fee.N P P Recelyad From: 916 FIFTH AVENUE 100 PITTSBURGH PA 15919 0 (412) 281-1725 OUMrffl y(? y One piece of ordinary ail addressed to. n O I r ?GCC JS?Q } / A pf L n? ` m DO 03 t?sr,? I PS Form 3817, Mee 1989 E CERTIFICATE OF MAILIN Affix fee here in stamps or mpr®astag# and U.S. POSTAL SERVIC T R ATIONAL MAIL. DOES NOT NO I f1MLCTlf pfl F f1 • post pa(W, J. 4wre of r I ? .E MAY pFy4tSjj}{ OAP }7 PROV 1N 6@(1 . PostrPgsly( 6Rr n*rrent RaoeiyedFro 916 FIFTH AVENUE r fee. fx o PITTSBURGH, PA 15219 ^>• v ?uMrf (412) 281-1725 O v I One place of ordinary mail addressed to: ? O cr? I I LbMMGV?I?'ll?t ?\ of Pty ? m? j'bX cb0\l0 \ '0 00 c I N •o b 'O P J?'M PS Form 3817, Mar. 1989 .., ;' ?? ..? I ^-V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, assignee of AMERIQUEST MORTGAGE COMPANY Plaintiff, VS. CHARLES L. NOEL AND PAMELA L. NOEL, husband and wife, Defendants. CIVIL DIVISION No 99-4385 Civil (412) 281-1725 PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS Code 140 MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE I, 1998 WITHOUT RECOURSE, assignee of AMERIQUEST MORTGAGE COMPANY, Plaintiff, vs. : 99-4385 Civil CHARLES L. NOEL and PAMELA L. NOEL husband and wife, Defendants. PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECT,09IJRF TO: PROTHONOTARY OF CUMBERLAND COUNTY Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above- captioned matter as follows: Amount Due $170,952.90 Interest 9/16/99-3/1/00 6,636.68 Total $177,589.58 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in: Twp of Monroe, Cty of Cumberland. Cmwlth of PA. HET a dwg k/a 250 Oak Grove Court, Mechanicsburg, PA 17055. % 'A Lot st?itti, Es Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, assignee of AMERIQUEST MORTGAGE COMPANY, Plaintiff, vs. : 99-4385 Civil CHARLES L. NOEL and PAMELA L. NOEL husband and wife, Defendants. I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute. That the Defendants' last known address is 250 Oak Grove Court, Mechanicsburg, PA 17055. Lou . Vitti, Es SWORN TO and subscribed before me this 15th day of September, 1999. I? 1 otary Public r A H Prf':bivuog ni o! ?i r nrm;,;, i 1.,.i ._? r r_.7rr Prm erva Cdr-, I CL_ C/i c? cn cj ? ?, V STATE OF PENNSYLVANIA, t COUNTY OF CUMBERLAND J SS. I,_____--RobeLC_P_Z.ieg1ar--------------------------------------------------- Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ---------------- --------- Noa rwest- Bank- M.innesotaet al --------------------------------------- is the grantee the same having been sold to said grantee on the _ 1st------------------------------------------- day of March 2000 ---------------------------------------- A. D.,T9L-_------,under and by virtue of a writ ---___________ Execution 29th ------------------------------------------------issued on the------------------- day of --------September-- --- A .D., 19 99-, out of the Court of Comman Pleas of said County as of --------------------------------- Term, 19----- 99 Number at the suit o[_ Norweat_ Bk_Minnesota_N a Tr for Amresco Res Securties Corp Mtg Loan Tr 1998-2 • Charles -L-Noel- & Pamela 1 duly recorded in Sheriff's Deed Book No.____ 217____, Page -------- - IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this z%? _ day of ---------- /rt4 a ?1 ------- D., f9 3 a_%v rder of Deeds M%wrder of Dead 0milmisnd Courtly. fidisle. FA Ms Commission Expires We First Marital b Ln.2002 The Norwest Bank, Minnesota, NA In the Court of Common Pleas of -vs- Cumberland County, Pennsylvania Charles L.Noel and Pamela L. Noel No. 99-4385 Civil Shannon M. Sunday Deputy Sheriff, who being duly swom according to law, says on October 13, 1999 at 10:54 o'clock A.M.EST, she served a true copy of Real Estate Writ Notice and Description in the above entitled action upon one of the within named defendants to wit: Charles Noel, by making known unto Charles Noel at 250 Oak Grove Court, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. Shannon M. Sunday, Deputy Sheriff, who being duly sworn according to law, says on October 13, 1999 at 10:54 o'clock AT, she served a true copy of Real Estate Writ Notice and Description in the above entitled action upon one of the within named defendants to wit: Pamela Noel, by handing to Charles Noel husband at 250 Oak Grove Court, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and attested copies of the same. Christopher Evans, Deputy Sheriff, who being duly sworn according to law, says on January 5, 2000 at 8:00 o'clock P.M. EDST, she posted a copy of Real Estate Writ Notice Poster and Description in the above entitled action upon the property of Charles and Pamela Noel located at 250 Oak Grove Court, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the above entitled action in the following manner: The Sheriff mailed Notice of the pendency of the action to one of the within named defendants to wit: Charles Noel by regular mail to his last known address 250 Oak Grove Court, Mechanicsburg. This letter was mailed under the date of January 6, 2000 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law exposed the above described premises at public venue or outcry at Courthouse, Carlisle, Cumberland County, Pennsylvania on March 1,2000, at 10:00 o'clock A.M. EDST, and sold the same to Kathy Hirsch for Norwest Bank Minnesota, N.A. as Trustee of Ameresco Residential Securities Corporation Mortgage Loan Trust 1998-2 et al. It being the highest bid and best price quoted for the same Norwest Bank Minnesota et al being the buyer in this execution paid to Sheriff R. Thomas Kline the sum of $ 1,019.70 it being costs. Sheriff's Costs Docketing 30.00 Poundage 19.99 Advertising 15.00 Posting Bills 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 County 1.00 Mileage 11.16 Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed Sworn and Subscribed To Before Me This "k- Day of Q1(bli By 71 Pr th notary 1.84 15.00 24.00 409.55 360.00 25.16 25.00 26.50 $ 1,019.70 Pd By atty 3/15/00 ,a So a139WCCSr" ? r.. '„r/ 7 Wr4Q-?`1.?,w? ...Y7 R. Thomas Kline, Sheriff By Real Estate Deputy 30 G? ?7FP7 1 9 3%1 P' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE NORWEST BANK MINNESOTA, N.A., AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-2 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 WITHOUT RECOURSE, assignee ofAMERIQUEST MORTGAGE COMPANY, Plaintiff, vs. : 99-4385 Civil CHARLES L. NOEL and PAMELA L. NOEL husband and wife, Defendants. AFFIDAVIT PURSUANT TO R.ULE_3129.1 Norwest Bank Minnesota et al, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 250 Oak Grove Court. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Charles L. Noel 250 Oak Grove Court Pamela Noel Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. I above 3. Name and last known address of every judgment creditor whose judgent is a record lien on the real property to be sold: Name: NONE Address (Please indicate if this cannot be reasonably ascertained) 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) Hams Savings Bank 234 N. Second Street P.O. Box 1711 Harrisburg, PA 17105 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) NONE 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) NONE 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Monroe Twp. Court of Common Pleas of Cumberland County Domestic Relations Division Commonwealth of PA -DPW 1375 Creek Road Willow Springs, PA 17007 c/o Richard K. Betts P.O. Box 320 Carlisle, PA 17013 P.O. Box 8016 Harrisburg, PA 17105 Bureau of Compliance Clearance Support Section Dept. #281230 I ? 9 lM ra:y, i+f rra (kw t FJ f nvl. ivr.. ... A Bureau of Compliance Tenant/Occupant Clearance Support Section Dept. 11281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 250 Oak Grove Court Mechanicsburg, PA 17055 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. Section 4904 relating to unsworn falsification to authorities. September 15, 1999 Date SWORN TO and subscribed before me this 15th day of September, 1999 . i n;ld rIA l,I?,'1 d., Natariai Seal Ann M Gon:alei. Ivol:l,v Public !?1y Convni;uv?n t?ygiF ii,..?. 1- ,,Vln emn" Nlr:Yh, lrv.l A"X:AIJr n; ^i `;arcs r Jisitti, Esquire Attorney for Plaintiff NOTICE OF SHERIFFS SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Charles Noel Pamela Noel 250 Oak Grove Court Mechanicsburg. PA 17055 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland Countv, directed, there will be exposed to Public Sale in Cumberland Countv Courthouse on March 1, 2000 at 10:00 A.M.. the following described real estate, of which Charles and Pamela Noel are owners or reputed owners: Twp of Monroe. Cry of Cumberland, Cmwlth of PA. HET a dwg k/a 250 Oak Grove Court. Nlechanicsbure, PA 17055. Parcel No. 22-10-0644-073. The said Writ of Execution has issued on a judgment in the monaa,e foreclosure action of Nonvest Bank Minnesota et al vs. Charles and Pamela Noel at 99-4385 Civil in the amount of S170.952.90. Claims against property must be tiled at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. I f the judgment Was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint fur Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly tile a petition with the Court alleging a valid defense and a reasonable excuse for tailinc to file the defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial ofthe issue of'whether the Plaintiff has a valid claim to foreclose the Mortaaue. You may also have the right to have thejudgment stricken if the Sheriff has not made a valid return of sett ice of the Complaint and Notice to Defend or if thejudgment was uttered before twenty (20) days after service or in certain other events. To exercise this right, you would have to tile a petition to strike the judgment. You may also have the right to petition the Court to stav or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is tiled in the Office of the Sheriff. Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 "THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE." ALL that certain lot or parcel of land situate in the Township of Monroe, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southwestern side of Oak Grove Court at the dividing line between Lots No. 9 and 10 as shown on the plan of lots hereinafter mentioned, thence along said dividing line between Lots Nos 9 and 10, the two (2) courses and distance; (2) South 49 degrees 16 minutes 40 seconds West, a distance of 100 feet to a point, and (2) South 24 degrees 52 minutes 6 seconds West, a distance of 476.74 feet to a point at comer of Lots Nos 10 and 1; thence along line of lands now or formerly of Moran L. and Ruth K Hertz;er, North 54 degrees 41 minutes 20 seconds past, a distance of 586.74 feet to a point at the dividing line between Lots Nos. 9 and 8 an shown on the hereinafter mentioned plan of lots; thence along said dividing line between Lots Nos 9 and 8, North 40 degrees 43 minutes 20 seconds West, a distance of 202.34 feet to a point at the cul-de-sac end of Oak Grove Court; thence along southern portion of said end of Oak Grove Court (in a generally sourthwestwardly direction) on a curve to the right having a radius of 50 feet, an arc distance of 78,54 feet to a point on the sourthwestem side of Oak Grove Court at the dividing line between Lots Nos. 9 and 10 as shown on the plan of lots hereinafter mentioned, the place of beginning. BEING Lot No. 9 as shown on plan of lots entitled "Final-subdivision Plan, Oak Grove Acres", dated October 25, 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, page 60. HAVING erected thereon a dwelling known as 250 Oak Grove Court, Mechanicsburg, PA 17055. BEING the same premises which Robert D. Yentzer and Muretta L. Yentzer by deed dated October 11, 1988 and recorded on November 15, 1988 in the Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 33R, page 109, granted and conveyed unto Charles L. and Pamela L. Noel. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Trustee of A Mortgage Loan Trust 1998-2 under the F6olina -& sere from unarles&% and Pamela L. Noel, Mechanicsburg PA 17055. (1) You are directed to levy upon the property 250 Oak Grove Court, Mechanicsburg description.) NO. 99-4385 CIVIL I9_ CIVIL ACTION - LAW The Norwest Bank, Minnesota, NA, as Residential Securities Corp. ?n• urrto) husband and wife. 250 Oak Grove Court, DEF----_ of the defendant(s) and to sell Real estate located at PA 17055. (See attached legal (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/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; If Property of the defendant(s) not than a named garnishee, you are di ected to notify hem/herrthat he/she subject hto attachment is found in the as been added as a gam shee and s' enjoined as above stated. Amount Due ai/v,7:)[.VU L.L $.50 L. Interest from 9/16/99 - 3/1100 $6,636.68 Due Prothy $1.00 Ally's Comm % Other Costs Atty Paid $118-20 Plaintiff Paid Date: S;o twmh 99 1c49 Civil Division n , by: REQUESTING PARTY: Name Louis P. Vitti, Esquire Address: 916 Fifth Avenue Pittsburgh PA 15219 Attorney for. Plaintiff Telephone: (412) 2811725 Deputy Supreme Court ID No. 01072 REAL ESTATE SALE No. 1 9I the sheriff levied upon the defendanis d .Q . interest in the real property situated in %" Cumberland County, Pa., kr'•ov'n a!!d n!jjjbered as and more fully dcccnbed on Exhibit "A" filod v?itn RM this rafarence incorporated herein. this writ and by vG 711d1'A?;,?hti3d 66, Wd se Z h t?0 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, JANUAR Y Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE BALE No. 1 Writ No. 99-4385 Civil The Norwest Bank, Minnesota, N.A., as Trustee of Amresco Residential Securities Corp. Mortgage Loan Trust 1998-2 under the Pooling and Servicing Agreement dated as of 6/1/98 without Recourse, assignee of Amenquest Mortgage Co. VS. Charles L. Noel and Pamela L. Noel Atty.: Louis P. V]tU ALL that certain lot or parcel of land situate in the Township of Mon- roe. County of Cumberland, Com- monwealth of Pennsylvania, more naniculariv bounded and described A ?--_ Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this --L --day of FEBRUARY, 2000 NOTARIAL SEAL LOTS E. SNYDE+, Notary Publk Cor1Wa 8oro. Cumb*rlard County, PA My Commistior. Exoiref Wrch 5, Y()(Il PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : 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, AX I Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE BALE NO. 1 Wilt No. 99-4385 Civil The Norwest Bank, Minnesota, N.A., as Trustee of Ammsco Residential Securities Corp. Mortgage Loan Trust 1998-2 under the Pooling and Servicing Agreement dated as of 6/1/98 without Recourse, assignee of Amenquest Mortgage Co. VS. Charles L. Noel and Pamela L. Noel i j Atty.: Louis P. vllu 11 ALL that certain lot or parcel of land situate in the Township of Mon- roe, County of Cumberland, Com- monwealth of Pennsylvania, more ' particularly bounded and described as follows: BEGINNING atapomlonthescudl- weslern side of Oak Grove Court at the dividing line between Lots No. 9 and 10 as shown on the plan of lots hereinafter mentioned, thence along sald dividing line between Lots Nos 9 and 10, the two (2) courses and dis- tance: (2) South 49 degrees 16 inin- ulet 40 seconds West a distance of 100 feet to a point and (2) South 24 degrees 52 minutes 6 seconds West, a distance of476,74 feel to a point at comer of Lots Nos 10 and 1: thence along line of lands now or formerly of Moran L, and Ruth K Ilcrtzer. North e4 degrees 41 minutes 20 seconds post, adistance of 586.74 feet to a the dividing Ime between Lots Nos, 9 and 8 as shown on the hereinafter mentioned pl:m of tots: thence along said dividing line be- tween Lots Nns o and 8. North 40 Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 4 day of FEBRUARY 2000 NOTARIAL SEAI LOTS E. SNYDf. R, Norory Publk Cnrfids aoro. Comb*Hctnd County, PA My Comminior. Exov., bUrch 5,'1(1)1 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SEAL ESTATE BALL NO. 1 Writ No. 99-4385 Civil The Norwest Bank, Minnesota, N.A., as Trustee of Amresco Residential Securities Corp. Mortgage Loan Trust 1998-2 under the Pooling and Servicing Agreement dated as of 6/ 1 /98 without Recourse. assignee of Amenquest Mortgage Co. VS. Charles L. Noel and Pamela L. Noel Atty.: Louis P. Vltti ALL that certain lot or parcel of land situate In the Township of Mon- roe, County of Cumberland, Com- monwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the south- western side of Oak Grove Court at the dlviding line between Lots No. 9 and 10 as =men on the plan of lots hereinafter oned, thence along tq said dividing line between Lots Nos 9 6 and 10, the two (2) courses and dls- lance; (2) South 49 degrees 16 mm- utes 40 seconds West, a distance of 100 feet to a point, and (2) South 24 degrees 52 minutes 6 seconds West, a distance of 476.74 feet to a point at corner of Lots Nos 10 and 1; thence along line of lands now or formerly of Moran L. and Ruth K Hertzer, North 54 east seconds a distance of 586.74 feet to a Point at the dividing line between Lots Nos. 9 and 8 as shown on the hereinafter mentioned plan of lots; hence along said dividing line be- ween Lots Nos 9 and 8, North 40 degrees 43 minutes 20 seconds West, a distance of 202.34 feet to a point at the cul-de-sac end of Oak Grove court; thence along southern por- tion of said end of Oak Grove Court (In a generally southwestwardly dt- Metion) on a curve to the right having a radius of 50 feet, an are distance of 78.54 feet to a point on the south- western side of Oak Grove Court at the dividing line between Lots Nos. 9 and 10 as shown on the plan of lots hereinafter mentioned, the place of beginning. BEING Lot No. 9 as shown on plan of lots entitled "Final-subdivision Plan, Oak Grove Acres", dated Octo- ber 25, 1986, and recorded In the Office of the Recorder of Deeds in and for Cumberland County. Pennsylva- nia, In Plan Book 52, page 60. HAVING erected thereon a dwell- ing known as 250 Oak Grove Court. Mechanicsburg, PA 17055. BEING the same premises which Robert D. Yentzer and Muretla L. Yentzer by deed dated October 11. 1988 and recorded on November 15, 1988 In the Cumberland County, Pennsylvania. Recorder of Deeds Of- fee In Deed Book Volume 33R, page 109, granted and conveyed unto Charles L. and Pamela L. Noel. Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 4 day of FEBRUARY 2000 I NOTARIAL SERI I LOTS E. SNYDER, Notary Publk Connie soro, Cumb*rlond Counry, PA My Comminla. Exam Abrch 5, 7001 k"1% f I i a THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication 8nder8rt No. 587, lingratied Mail 16,1929 Commonwealth of Pennsylvania, County of Dauphin) as FrenkJ.Epler being duly sworn according to law, deposes and says: That he is the 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 daily and/or Sunday and Metro editionsAssues which appeared on the 25th day of January and the let and 8th day(s) of February 2000. That neither he nor said Company Is Interested In the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and Is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded In the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S A L E 01 before maAhls 25th 2000 A.D. ai Terry L. Runall, Notary PubNr tt; Harnaburp,DeuPhln000nry My .2002 NOTARY PUBLIC X0.1- '?K CommlSalon ExlNreS JUne 6 Member, Pennsylvania Assbcialbn b olanes mission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE ykas COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs Ir"uf ?ya"rja; _ To THE PATRIOT-NEWS CO., Dr. squat For publishing the notice or publication attached hereto on the above stated dates $ 358.50 andProbating same Notary Fee(s) $ 1.50 N, ,. Total $ 360.00 DESCREMON sher's Receipt for Advertising Coat fain lot or parcel of land situate ter of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general ship ofo done, aunty eceipt of the aforesaid notice and publication costs and certifies that the same have 1d, Cmnwlth of more rarliculadybounded and THE PATRIOT-NEWS CO. at a By.. K. 20 is plan of place lots limm me FA THE SUNDAY PATRIOT NEWS Proof of Publication Under Rct No. 587. Rnnraued Mail 16. 1929 Commonwealth of Pennsylvania, County of Dauphin) so Franks/. Ep/er being duly sworn according to taw, deposes and says: That he Is the Controller of THE PATRIOT-NEWS CO., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with Ito 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 41h, 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 editionsAssues which appeared on the 25th day of January and the let and 8th day(s) of February 2000. That neither he nor said Company Is Interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and Is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded In the office for the Recording of Deeds in and for said County of Dauphin In Miscellaneous Book 'M', Volume 14, Page 317. , _ _ PUBLICATION COPY SALE01 before m%4" 25th day/6f FebHSary 2000 A.D. Terry L. Russell, Notery PubNr e? Hamsburo, 0auphin Court NO ARY PUBLIC My Commission Expires June 6, 2002 Member, PannryNanla ASSaialbn otar ea mission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE COURTHOUSE CARLISLE, PA. 17013 09 To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 358.50 t Probating same Notary Fee(s) $ 1.50 Total $ 360.00 rioN: sher'S Receipt for Advertising Cost rpa7l ,f Ind situate ier of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general htonme, cou of of sceiPt of the aforesaid notice and publication costs and certifies that the same have rmmonweatth f Ncularly hounded and THE PATRIOT-NEWS CO. By ...................................................... a 9 on plan of lots San, Oak Crowe 4 and recorded adwellMR known 1'• kdanicot6hurg. PA • ?.... i;?' s which Robert D. . ell deed dated November I.? P':A ES ATE SkLENO 1 S1,000.00AdvanceCossnaid 10-11-99 4rrr Louis Vitti Assessed 'valuarionS 12,510.00 WB1TiNO. 99-4385 Civil The NOrwest Bank, Minnesota, NA VS Charles L. Noel and Pamela L. Noel 250 OaK Grove Court Mechanicbsurg, PA 17055 REAL DEBT I' TEP.EST 9/16/99-3/1/00 ATT S FEES 'WRIT COSTS AM' ESCROW LATE CH.-\RGr- _ SHEPjFF'S COSTS Docke:ine Poundaee Postine Bills .adve-,isin4 Aelso«•iedeine Dead Auctioneer = Law Librarr• C o unr: Milea:a Ct:T ?lai1 Postpone Sale Sur c:,ar ¢e Leal S:ar n `.DI VE.? T ISi 0: Lase Jounal Patriot Snare of Bills Distribution of Proce_ds She:;:"s Deets STAMPS Pa. Trans fe;' lax T«p or 3oro Transrar Tas TAPES 1999-2000 School Taxes 2000 County Library & Township Taxes Tax Claim Bureau $ 170,952.90 6,636.68 118.20 30.00 19.99 15.00 15.00 30.00 10.00 .50 1.00 11.16 1.84 15.00 24.00 409.55 325:46 25.00 26.50 1,768.29 373.92 2,744.53