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Home My WebLink About99-06190 I F 'Y ( L4 ?'u1 . ?J. y 4r. l ? e. Y y ft y b r ?yr d? q ?h 4 A rV f 4 sa 5r{ ft `)? yy A b? ? >S Yf } c y ?' ?' , dx x f < vY ?. 3 !? ?T t r y??4 Y r °' ? a Y f S x ?.? ? 5 F r ?? g 4a f+4 }I` : I ',y?, >i ? a ?tiwp x3 y f], r ?. ' 'k^?' ?i .1 t .- e 3 k ? i r i,1 r'? v i y ?d a : 1S , . L L ; 5 t ? f t ???` i k 1 >> ? f ' C ?# ri ? ?ki:r { t ? x ? 9;: h€. it :f e 1r«? n 4 z. ytrif t k{ Fi SY {f f - V 3? . L SS? 44 Y A Sa ?1 q t ? i } r- x ? f f i 4 i zf . F a? s? 0Y? t + . ? t it i ?v r.Y. g toe S y i FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563.7000 NORWEST MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM -I L NO. qf. 65110 / CUMBERLAND COUNTY MICHAEL G. AMSBAUGH CHERYLL.AMSBAUGH 223 SILVER SPRINGS ROAD MECHANICSBURG, PA 17055 Defendant(s) CIVIL ACTION - L6 ,W MORTGAGE FORECLOSURE NOTICE PLEASE BE ADVISED PUT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION RECEIVED WILL BE USED FOR TUAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL IIELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249.3166 1. Plaintiff is NORWEST MORTGAGE, INC. 5024 PARKWAY PLAZA BOULEVARD CHARLOTTE, NC 28217 2. The name(s) and last known address (es) of the Defendant(s) are: MICHAEL G. AMSBAUGH CHERYL L.AMSBAUGH 223 SILVER SPRINGS ROAD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 6/7/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1267, Page 625. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 1/1/99 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. h r?i( 6. The following amounts are due on the mortgage: Principal Balance $67,280.33 Interest 5,557.10 12/1/98 through 10/1/99 (Per Diem $18.22) Attorney's Fees 3,364.00 Cumulative Late Charges 267.93 6/2195 to 10/1/99 Cost of Suit and Title Search 550.00 Subtotal 77,019.36 Escrow Credit 0.00 Deficit 1,018.69 Subtotal 1.018.69 TOTAL $78,038.05 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading. Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, PLAINTIFF demands an in [£111 Judgment against the Defendant(s) in the sum of $78,038.05, together with interest from 10/1/99 at the rate of $18.22 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN unit in ilia property known, named and identified in ilia Declaration referenced to below as "Walnut Villas Condominium" located in the Borough of Machancisburg, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted pursuant to Ilia provisions of Ilia Pennsylvania Uniform Condominium Act, 69 Pa. Cons. Stat, Ann. 4§3101 at seq. (Purdon Supp. 1088), by the recording in the Ollice of ilia Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated July 30, 1086, and recorded on August 14, 1985, in Miscellaneous Book Vol. 308, page 147, which Declaration has boon amended by a First Amendment to Declaration of Condominium dated December 31, 1985, arid recorded on December 31, 19115, in ilia aforesaid Office at Miscellaneous Book 313, page 133, and further amended by a Second Amendment to Declaration of Condominium dated March 23, 1087 and recorded on March 27, 1087, in ilia aforesaid offico at Miscellanamns Bonk 331, page 933, and further amended by a Third Amendment to Declaration of Condominium dated June 12, 1987, and recorded on Jive 12, 1987, in ilia aforesaid office at Miscellaneous Book 335, page 283, and further amended by a Fourth Amendment to Declaration of Condominium dated November 10, 1087, and recorded on November 30, 1987, in ilia aforesaid office at Miscellaneous Book 343, page 368, and further amended by a Filth Amendment to Declaration of Condominium dated April 14, 1988 and recorded on April 18, 1988, in ilia aforesaid office at Miscellaneous Book 348, page 868 and further amended by a Sixth Amendment to Declaration dated October 12, 1988, and recorded on October 13, 1988, in ilia aforesaid office at Miscellaneous Bonk 355, page 1084, being and designated in such Declaration, as so anonded, as Unit No. 773 as more hilly described in such Declaration, as so amended togother with a proporlionato undivided inlerost in ilia Common Elements of such Condominium as sot forth in such Declaration as so amended and as further amended by any further amendments thereto hereafter recorded in the aforesaid ollice. BEING THE SAME PREMISES WHICH Joseph Anthony Ricci and Jennifer L. Lehman, husband and wife, by Deed dated January 28, 1993 and recorded in The Office of The Recorder of Deeds in and for Cumberland County in Deed Book G -3 (p Pago 1001 granted and conveyed unto Daniel L. Allen, single porson. The said Daniel L. Allen has since married and is joined in this conveyance by his wife, Justine A. Allen, to convoy oily and all interest in this property. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way, nasonmuts and ngrmm? nils of record, including (but not limited to) those contained in ilia instruments recorded in ilia aforesaid Ollwo in Miscellaneous Book Vol, 304, ?na o 227, and Miscellaneous Book Vol. 304, page 666. PREMISES: 773 OLD SILVF. PRINGS ROAD VERIFICATION TIMOTHY P. O'BRIEN hereby states that lie is ASSISTANT VICE-PRESIDENT of NORWEST MORTGAGE, INC. (NC) mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. 0 "N 'TIRTAT ASSISTANT•VICE PRESIDENT DATE: 1049 S C^ i. i V' (_: i.:? L'. ?l O? iv u. ??1 i ?_. C` L (: ? f"; '?.r :? ??i it !' i) ? ? ?? . ?? V ? ???? ?? ?7 1 SHERIFF'S RETURN - REGULAR CASE NO: 1999-06190 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORWEST MORTGAGE INC VS. AMSBAUGH MICHAEL G ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of. CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon AMSBAUGH MICHAEL G the defendant, at 20:11 HOURS, on the 15th day of October 1999 at 719 CUMBERLAND POINT CIRCLE MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to MICHAEL AMSBAUGH a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers,^7 Docketing 1.00 1 Service 6.20 , 00 Affidavit 8.00 R-'I Surcharge i- $37-.7U-FEDE 1999 PHELAN 10/18/ by Sworn and subscribed to before me this 18= day of Qc e ?w 1999 A.D. ( lI r Ty,?•kun3//`^;tk SHERIFF'S RETURN - REGULAR CASE NO: 1999-06190 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORWEST MORTGAGE INC VS. AMSBAUGH MICHAEL G ET AL SHANNON SUNDAY Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon AMSBAUGH CHERYL L the defendant, at 9:57 HOURS, on the 13th day of October 1999 at 350 OLD SILVER SPRING ROAD MECHANICSBURG PA 17055 CUMBERLAND , County, Pennsylvania, by handing to CHERYL L. AMSBAUGH a true and attested copy of the COMPLAINT - MORT FORE , together with NOTICE , and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answer<A4?A Docketing 6.00 ? Service 7.44 Affidavit ?! .00 Surcharge 8.00 R ? ?ifi8, 5 4 ' qq 10ER 1999 PHELA?N/ e 18/ Deputy SnerILL Sworn and subscribed to before me this /Scc? day of Ocz?-44.. 19 97 A.D. tto, 944 t1ro ry FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 Norwest Mortgage, Inc. 5024 Parkway Plaza Boulevard Charlotte, NC 28217 VS. Michael G. Amsbaugh 719 Cumberland Point Circle Mechanicsburg, PA 17055 Cheryl L. Amsbaugh 350 Old Silver Springs Road Mechanicsburg, PA 17055 Plaintiff Defendant(s) Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 99-6190-CV PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Michael G. Amsbaueh and Cheryl L. Amsbaueh, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $78,038.05 Interest 10/1/99 to 11/24/99 $1,002.10 TOTAL $79,040.15 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) arc as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff a, DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: O L (- , d A/ /0?/X41 PRO PROTII V "THIS FIRM IS A DEDT ('OLI.E(-rOR ATTEMPTING TO COLLECT A DENT AND ANY INFORMATION ORTAINF.D WILL DF USED FOR THAT PURPOSE.. IF YOU DAVE PRF.VIOttsix RF.CF.IVED A DISCOARGE IN BANKRUPTCY AND TIIIS DENT WAS NOT REAFFIRMED. TIIIS CORRFSPONDEN(T IS NOT AND SIIOIT.D NOT HE CONSTRUED TO HE AN ATTEMPT TO COLLECT A DEBT. Dtrr ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. " y r SZ ?..? -? t r _ ?, ?? C'? ?? t n ?; ?i"4 t ?? a ?t d FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF NORWEST MORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff VS. MICHAEL G. AMSBAUGH CHERYL L. AMSBAUGH . CIVIL DIVISION CUMBERLAND COUNTY NO.99-6190-CV Defendant(s) TO: CHERYL L. AMSBAUGH 350 OLD SILVER SPRINGS ROAD MECHANICSBURG,PA 17055 DATE OF NOTICE: NOVEMBER 10, 1999 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 BAR ASSOCIATION Frank Federman, Esquire Attorney for Plaintiff r A- f? ttLL .1-L ON ? FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF NORWEST MORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. MICHAEL G. AMSBAUGH CHERYL L. AMSBAUGH . CUMBERLAND COUNTY . NO.99-6190-CV Defendant(s) TOs MICHAEL G. AMSBAUGH 719 CUMBERLAND POINT CIRCLE MECHANICSBURG,PA 17055 DATE OF NOTICES NOVEMBER 10, 1999 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff wYw'?r?eY??*lvt:?yM,.°.4?.+. ^t u??:l'.?a M.N.'Y(N i. a-?"...FRa ..+«?••• FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215)563.7000 Attorney for Plaintiff Norwest Mortgage, Inc. Plaintiff VS. Michael G. Amsbaugh Cheryl L. Amsbaugh Defendant(s) : CUMBERLAND COUNTY : Court of Common Pleas : CIVIL DIVISION NO. 99-6190-CV VERIFICATION OF NON-MILITARY SERVICE. FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant Michael G. Amsbaugh is over 18 years of age and resides at 719 Cumberland Point Circle, Mechanicsburg, PA 17055. (c) that defendant Cheryl L. Amsbaugh is over 18 years of age, and resides at 350 Old Silver Springs Road, Mechanicsburg, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN Attorney for Plaintiff n x ? 6 dill o cr% t a Y ?S A Y? S SXA s $a4} + 4 4 (Rule of Civil Procedure No. 236 - Revised) Norwest Mortgage, inc. : CUMBERLAND COUNTY Plaintiff : Court of Common Pleas VS. : CIVIL DIVISION Michael G. Amsbaugh : NO. 99-6190-CV Cheryl L. Amsbaugh Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on Now-mbe 1999. ( Ccenihtt- By LtEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Filing Party SUITE 900 TWO PENN CENTER PLAZA PHILADELPHIA. PA 19102 (215)563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE. PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. •• ?2-? i lfe rA- F? ?1 - f? C.j m r j - 1 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 NORWEST MORTGAGE, INC. Plaintiff Vs. MICHAEL 0. AMSBAUGH CHERYL L. AMSBAUGH COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-6190-CV PRAE.CIPE FOR WRIT OF EIECUnON (MORTGAGE tORECLOSURE) Defendant(s) TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $79,040.15 Interest from 12/1/99 TO $ 1,182.09 and Costs 3/1/00 (PER DIEM - $12.99) $80,222.24 Total F K FEDER ESQUIRE TW PENN CENTER PLAZA SUITE 900 PHILADELPHIA, PA 19102 Attorney for Plaintiff Note: Please attach description of property. m m N Ch lD i m ON ° z w O a. O ?a O? U OV 0 ?W ?U a x y z ?a ?Q z 0 U V GL O w odo a? w o a6 A4 A4 v w tn Ln th Ln co Cn t, rl rl ?a as d uuN np?' ?p?7 ApB A F "' ?$4 to, as utm F M 5p?. m Oy1 to 13 ?. H y lo C1 0 rl in nM N N d b a or 1 r ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referenced to below as "Walnut Villes Condominium" located in the Borough of Mechanicsburg, County of Cumberland. Commonwealth of Pennsylvania, which has heretofore been submitted pursuant to the provision of the Pennsylvania Uniform Condominium Act, 69 Pa. Cons. Stat. Ann §§ 3101 et seq. (Pardon Supp. 1988), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated July 30, 1985, and recorded August 14, 1985, in Miscellaneous Book Vol. 308, page 147, which Declaration has been amended by a First Amendment to Declaration of Condominium dated December 31, 1985, and recorded on December 31, 1985, in the aforesaid Office at Miscellaneous Book 313, page 133, and further amended by a Second Amendment to Declaration of Condominium dated March 23, 1987 and recorded March 27, 1987, in the aforesaid office at Miscellaneous Book 331, page 933, and further amended by a Third Amendment to Declaration of Condominium dated June 12, 1987, and recorded on June 12, 1987, in the aforesaid office of Miscellaneous Book 335, page 283, and further amended by a Fourth Amendment to Declaration of Condominium Act dated November 10, 1987 and recorded on November 30, 1987, in the aforesaid office at Miscellaneous Book 343, page 368 and further amended by a Fifth Amendment to Declaration of Condominium dated April 14, 1988 and recorded on April 18, 1988, in the aforesaid office at miscellaneous Book 348, page 868 and further amended by a Sixth Amendment to Declaration dated October 12, 1988, and recorded on October 13, 1988, in the aforesaid office at Miscellaneous Book 35j, page 1084, being and designated in such Declaration, as so amended, as Unit NO. 773 as more fully described in such Declaration, as so amended together with the proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as so amended and as further amended by any further amendments thereto hereafter recorded in the aforesaid office. Tax Parcel #18-22-0519-00111 TITLE TO SAID PREMISES IS VESTED IN Michael G. Amsbaugh and Cheryl Amsbuugh, husband and wife by Deed from Daniel L. Allen and Justine A. Alen, husband and wife dated 5/27/95 recorded 6/19/95 in Deed Book 123 Page 760. o t 4 1 ? al iJ cl ?J r,J 14 ... . FEDERMAN and PHELAN Bys FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 NORWEST MORTGAGE, INC. s' CUMBERLAND COUNTY s COURT OF COMMON PLEAS s CIVIL DIVISION vs. s MICHAEL G. AMSBAUGH CHERYL L. AMSBAUGH s NO. 99-6190-CV CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (XX) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. F RINK FEDER AN, ESQUIRE Attorney for Plaintiff is to ?f. 1= L:J It. fr% r.? U cs? i.) NORWEST MORTGAGE, INC. VS. : CUMBERLAND COUNTY t COURT OF COMMON PLEAS : CIVIL DIVISION MICHAEL G. AMSBAUGH CHERYL L. AMSBAUGH t NO. 99-6190-CV AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) NORWEST MORTGAGE. INC. , Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 773 OLD SILVER SPRINGS ROAD, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) MICHAEL G. AMSBAUGH 719 CUMBERLAND POINT CIRCLE MECHANICSBURG, PA 17055 CHERYL L. AMSBAUGH 350 OLD SILVER SPRINGS ROAD MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) COMMERCIAL CREDIT CORPORATION 3401 HARTZDALE DRIVE SUITE 126 CAMP HILL, PA 17011 Name and address of every other person who has any record lien on the property: 5 NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY WALNUT VILLES CONDOMINIUM ASSOCIATION LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) 773 OLD SILVER SPRINGS ROAD MECHANICSBURG, PA 17055 13 NORTH HANOVER STREET CARLISLE, PA 17013 TO BE DETERMINED I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 14, 1999 49 x,aAA DATE FRANK FEDER N, ESQUIRE Attorney foi Plaintiff ur-' N =i h: rr G r,.r ?_ r V NORWEST MORTGAGE, INC. va. MICHAEL G. AMSBAUGH CHERYL L. AMSBAUGH s CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION s NO. 99-6190-CV NOTICE OF SHERIFF'S SALE OF REAL PROPERTY December 13, 1999 TO: MICHAEL G. AMSBAUGH CHERYL L. AMSBAUGH 719 CUMBERLAND POINT CIRCLE 350 OLD SILVER SPRINGS ROAD MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 773 OLD SILVER SPRINGS ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff's Sale on MARCH 1. 2000 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of ,79 ,040.15 obtained by NORWEST MORTGAGE, INC. (the mortgagee) against you. If the Sale is postponed, Sheriff's property will be relisted for the Sale. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate actions The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. i You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 21 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the SHeriff and will be made available for inspection in his office. The schedule vill state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATORNEY REFERRAL CUMBERLAND COUNTY BAR ASOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 A DESCRIPTION ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referenced to below as "Walnut Villes Condominium" located in the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted pursuant to the provision of the Pennsylvania Uniform Condominium Act. 69 Pa. Cons. Stat. Ann §§ 3101 et seq. (Pardon Supp. 1988), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated July 30, 1985, and recorded August 14, 1985, in Miscellaneous Book Vol. 308, page 147, which Declaration has been amended by a First Amendment to Declaration of Condominium dated December 31, 1985, and recorded on December 31, 1985, in the aforesaid Office at Miscellaneous Book 313, page 133, and further amended by a Second Amendment to Declaration of Condominium dated March 23, 1987 and recorded March 27, 1987, in the aforesaid office at Miscellaneous Book 331, page 933, and further amended by a Third Amendment to Declaration of Condominium dated June 12, 1987, and recorded on June 12, 1987, in the aforesaid office of Miscellaneous Book 335, page 283, and further amended by a Fourth Amendment to Declaration of Condominium Act dated November 10, 1987 and recorded on November 30, 1987, in the aforesaid office at Miscellaneous Book 343, page 368 and further amended by a Fifth Amendment to Declaration of Condominium dated April 14, 1988 and recorded on April 18, 1988, in the aforesaid office at miscellaneous Book 348, page 868 and further amended by a Sixth Amendment to Declaration dated October 12, 1988, and recorded on October 13, 1988, in the aforesaid office at Miscellaneous Book 35j, page 1084, being and designated in such Declaration, as so amended, as Unit NO. 773 as more fully described in such Declaration, as so amended together with the proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as so amended and as further amended by any further amendments thereto hereafter recorded in the aforesaid office. Tax Parcel q18-22-0519-00113 TITLE TO SAID PREMISES IS VESTED IN Michael G. Amsbaugh and Cheryl Amsbuagh. husband and wife by Deed from Daniel L. Allen and Justine A. Alen. husband and wife dated 5/27/95 recorded 6/19/95 in Deed Book 123 Page 760. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORWEST MORTGAGE, INC. Plaintiff VS. MICHAEL G. AMSBAUGH CHERYL L.AMSBAUGH Defendants CIVIL DIVISION No. 99-6190 CV AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA SS: CUMBERLAND COUNTY I, FRANK FEDERMAN, ESQ., attorney for NORWEST MORTGAGE. INC., hereby verify that on DECEMBER 15. 1999, true and correct copies of the Notice of Sheriffs Sale were served by certificate of mailing to the recorded lienholder(s), and any known Interested party, see Exhibit "A" attached hereto, and the Notice of Sale was sent to defendant(s) on DECEMBER 15. 1999 by first class mail and certified mail return receipt requested, see Exhibit "B" attached hereto. "r / FRANK FE ERMAN, ESQUIRE Attorney f r Plaintiff Date: February 14, 2000 NORWEST MORTGAGE, INC. Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS MICHAEL G. AMSBAUGH CIVIL DIVISION CHERYL L. AMSBAUGH Defendant(s). NO. 99-6190 CV AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) NORWEST MORTGAGE. INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 773 OLD SILVER SPRINGS ROAD. MECHANICSBURG. PA 17055. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) MICHAEL G. 719 CUMBERLAND POINT CIRCLE AMSBAUGH MECHANICSBURG, PA 17055 2. 3. CHERLY L. 350 OLD SILVER SPRINGS ROAD AMSBAUGH MECHANICSBURG, PA 17055 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate. COMMERCIAL 3401 HARTZDALE DRIVE CREDIT SUITE 126 CORPORATION. CAMP HILL, PA 17011 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 773 OLD SILVER SPRINGS ROAD MECHANICSBURG, PA 17055 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 I verify that the statements made in this affidavit arc true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 14, 2000 DATE F NK FE E AN, ESQUIRE Attorney for Plaintiff •a N N W ? a a Y C 6 Oe= lJ C C 9 av? zao ffi o 0 c $ a ? a w ?' t o O w w u ^ G can 0 a 6. W W >F V U O zU 3 eYi W2 • C N M 7 h W' 1? W a O .. N M ? O ? h .S tO y 2 ?? r? . ? fo. At 099 it YOU le Mehxftd D.W y. I also wish to receive the i •-- sb eda,es w m. rear,e co Pa km w tha ,.. can ratan fw crd fdbwinD se es flor an extra fee): MY eAn"e,e lam b er hae a VV ffwbc, w w ft bek g p. c. eo.s rotp.rmr = Restrkted Delivery 1 ¦TM(Wum a.con w abw b Mbn ft W** won dmmd end f?. dift . Caneult stmastar for fee u . 3 4a. Article Number P 974 231 784 COERYL L. 4UISSAU011 : '350 OLD SILVER SPRINGS ROAD ,P Ab Selo ' yrCtWgTCSBURG, PA 17055 ?,( X?l CERTIFIED ?.Date of )silvery - ?- moo- 9 I 6. Received By: rl'HM Neme1 r a e,um..__•_ ...?__ 6. %nah es or PS FORM 3811, December I994 flm l fill 111 - 1 ( Domestic Return Recent !1 ?? 111 11111 If, I ? ; SENDER: • + I also wish to twelve this , . CA" box a fOx A ya ^w vV**ft d D,o wy. folbwinp as (lor an extrp fed: .Prat ya/ wne en0 eddnu on ar rww,e of eft brae w fw w ran Man on cW b Vft . AtbN M lam b so heat a en mrbece, a on fr twA A epee dose rot p,rml. Rostrkted Delivery • Th, A i4lW1 Rec.bt W show b ~ ft utcft w mi ww w4 tlft daft" wed, Consult stnmter for lee. .1 An= Adrimazed IM 4a. A rticle Number P 974 231 785 ?ITCNA8L 0. Ae"SBAUM ' , 719 CUMBERLAXII P0I4T C1RCI.P. e13Ct'A)SICSBURG, PA 17055 4b. Service Type 1d. CERTIFIED 7. Date of Delivery r-7 _a?-99 1 i t i 6. or PS FORM 3811, December 1994 rYIS(3,. Return Receipt l ----•------------------------ l--, I ?sw.( POSTMARK OR DAYE 10 s M1 ri m N S M1 Q' IL Ln Cc M1 rmq m N S M1 n- a PS FORM 3800 US Postal Service Receipt for Certified Mail PS FORM 3800 US Postal Service Receipt for Certified Mail IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORWEST MORTGAGE, INC. Plaintiff VS. MICHAEL G. AMSBAUGH CHERYL L.AMSBAUGH Defendants CIVIL DIVISION No. 99-6190 CV AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 NWEALTH OF PENNSYLVANIA OQ?C?Q? SS: P Q I, FRANK FEDERMAN, ESQ., attorney for NORWEST MORTGAGE. INC,,, hereby verify that on DECEMBER 15. 1999, true and correct copies of the Notice of Sheriffs Sale were served by certificate of mailing to the recorded lienholder(s), and any known interested party, see Exhibit "A" attached hereto, and the Notice of Sale was AFO sent to defendant(s) on DECEMBER 15. 1999 by first class mail and certified mail NE?,???? yrn receipt requested, see Exhibit "B" 0040 4 Nr 41 yFYq?o j? OAy N F? 4 Date: February 14, 2000 OQ ? attached hereto. ERMPN? F??? RN Q? __, _ w FRANK FEDERMAN, ESQUIRE Attorney f& Plaintiff FEDERMAN AND PHELAN AnORNEY FILE COPY PLEASE rUUR I NORWEST MORTGAGE, INC. Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS MICHAEL G. AMSBAUGH CIVIL DIVISION CHERYL L. AMSBAUGH Defendant(s). NO. 99-6190 CV AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) NORWEST MORTGAGE, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 773 OLD SILVER SPRINGS ROAD MECHANICSBURG. PA 17055. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) MICHAEL G. 719 CUMBERLAND POINT CIRCLE AMSBAUGH MECHANICSBURG, PA 17055 CHERLY L. 350 OLD SILVER SPRINGS ROAD AMSBAUGH MECHANICSBURG, PA 17055 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate. COMMERCIAL 3401 HARTZDALE DRIVE CREDIT SUITE 126 CORPORATION. CAMP HILL, PA 17011 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 773 OLD SILVER SPRINGS ROAD MECHANICSBURG, PA 17055 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. February 14, 2000 ' i'Tz ?J DATE FRANK F E AN, ESQUIRE Anorney for Plaintiff STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND SS. -- Robert P Ziegler I?-------- - ----------- --------- Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which ________________ __ Norweat Mortga$e_ Inc --------------------------------------------------------- Is the grantee the same having been sold to said grantee on the ------- !St ------------------------------------ day of ------------- t4$r911-------------------- A. D., *2000.__, under and by virtue of a writ ---------.-_-_ ------Execution-------------------------------issued on the ----- 15th -------------------------- day of -------December--------- A. D., 19_ 99 __, out of the Court of Comman Pleas of said County as of -__ Civil __ Tenn, 19-2.9 --- Number ---U22 -------- at the suit of ___NOrwest-Mort?a?e Inc----- ----------------------------- ___________________________________against_ Micflnel G 6 Cheryl_L .............. 8 duly recorded in Sheriffs Deed Book No. ------- Page ---- 1053 IN TFSTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _ 2LRL day of -------- --------- A. D., I9: r. "U - Rer of Deeds MI Egku04 k f y *Wq NimtM Norwest Mortgage, Inc. -vs- Michael G. Amsbaugh and Cheryl L. Amsbaugh In the Court of Common Pleas of Cumberland County, Pennsylvania No. 99-6190 Civil Dawn L. Kell, Deputy Sheriff, who being duly sworn according to law, says on January 5, 2000 at 3:00 O'clock P.M. EDST, she posted a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon the property of Michael Amsbaugh an Cheryl Amsbaugh located at 773 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. Shawn Harrison Deputy Sheriff who being duly swom according to law, says on January 6, 2000 at 5:05o'clock P.M. EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Michael Amsbaugh, by making known unto Michael Amsbaugh at 318 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. Harold J. Weary Deputy Sheriff, who being duly sworn according to law, says on January 19, 2000 at 7:07 o'clock P.M. EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Cheryl Amsbaugh by making known unto Cheryl Amsbaugh at 773 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and attested copies of the same. R. Thomas Kline, Sheriff, who being duly swom according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheirff mailed a notice of the pendency of the action to one of the within named defendants to wit: Michael Amsbaugh by regular mail to his last known address 318 East Marble Street, Mechanicsburg, Pennsylvania. This letter was mailed under the date of January 20, 2000 and never returned to the Sheriffs Office. 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 following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendant sot wit: Cheryl Amsbaugh by regular mail to her last known address 773 Old Silver Spring Road, Mechanicsburg, Pennsylvania. This letter was mailed under the date of January 20, 2000 and never returned to the Sheriffs Office. R. Thomas Kline, Sheirff 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.EST and sold the same to Attorney Dale Shughart Jr for Norwest Mortgage, Inc. It being the highest bid and best price quoted for the same Norwest Mortgage Inc of 5024 Parkway Plaza Boulevard, Charlotte, NC being the buyer in this execution paid to Sheriff R. Thomas Kline the sum of $ 992.86 it being costs. Sheriffs Costs: Docketing 30.00 Poundage 19.47 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 County 1.00 Mileage 18.60 Certified Mail 3.33 Levy 15.00 Surcharge 24.00 Law Journal 428.15 Patriot News 306.23 Share of Bills 25.08 Distribution of Proceeds 25.00 Sheriffs Deed 26.50 $992.86 Pd. By Atty 03/17/00 Sworn and Subscribed To Before Me Day of " ThisjA-a ^ a R. Thomas Kline, Sheriff 2000, A.D. `7 Al P th notary Real Estate Deputy o 10 (?, 1373. - -- THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication 8nder8el No. 587. Rnsmued Mali I& Ig29 Commonwealth of Pennsylvania, County of Dauphin) as Frank. Epler being duly sworn according to low, 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 Marsh 4th, 1854, and September 181h, 1849, 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 odltionsAssues which appeared on the 25th day of January and the let and 8th day(s) of February 2000. That neither he nor said Company le 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 publicaton 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 IM', Volume 14, Page 317. PUBLICATION COPY SALE/40 .*'01.'pTAT! BALE No. 40 j Ct41s 9e 8180 W9e, Irm mCMML' Antitietio "°"muphaow n ' '} `s st)69CRUt10N ' sw nd-so a 25th da of ?ruary `- Notanal Seal Terry L. Russell. Note PLck HaMenurO, Dauphin My Comoiasion Eeptraajun@a sm 140TARY UB IC Member,Penn"aniaAasociaoon flMmisslon expires June 0, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE COUSITFIOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. th For publishing the notice or publication attached nut hereto on the above slated dates nd Probating same Notary Fee(s) Ius the Total $ 304.73 $ 1.50 $ 308.23 at SUL Ann 7101 d7owd oin.sherre Receipt for Advertising Cost n N Deeds d uykanu, ??of a ier of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general m d?tird juS 1Xn ecelpt of the aforesaid notice and publication costs and certifies that the same have pee 47, %hkkh THE PATRIOT-NEWS CO. of condominium the i 311 NBwaid By .................................................................... mdAmeWtowl um dated Match It 27,1967, Book In the }11 tiledt? a Th0 of Condominium nkd on lone 11. >f Mi l+ne"% ; er amended M+ peekntlen . of ermber 141967, 10. 1987, m Ow turul PA 3a Of cony nit km ....... ` rdtdonApnt14 ., ,. at Mk dIsnaan ) wr amended W a 1 on 0 ober tdd+lek l parr 1064 W" 1YWJim a, q1 d I a mart (vlh tin +rnendrd m.. n61 151 Am?aush nil I IArd from Daniel 1• rn, hud+and +nJ silt. h1191'A In dead" PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL. (Under Act No. 587, approved May 1 G, 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, JANUARY 21, 28, FEBRUARY 4, 2000 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 arc true, Rogcr M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this -L -day of _ FEBRUARY. 2000 NOTARIAL SEAL Lois r. sNYUER, Notary r vbk Corlido Fora, Cumbortand County, PA My Commhuoa ExOru March S. 2001 RSA) ESTATE BALE NO. 40 Wilt No. 99.6190 Civil Norwest Mortgage, Inc. vs. Michael O, Amsbaugh and Cheryl L, Amsbaugh Atty.: Frank Federman DESCRIPTION ALL THAT CERTAIN unit in the property known, named and Identl- ned in the Declaration referenced to below as `Walnut Vdles Condomin- turn' located in the Borough of Mechanicsburg. County of Cumber- land, Commonwealth of Pennsylva- nia, which has heretofore been sub 1 mitted pursuant to the provision of the Pennsylvania Uniform Condo- minium Act. 69 Pa. Cons. Stat. Ann. 9(13101 et seq. (Pardon Supp. 1988) j by the recording in the Office of the Recorder of Deeds of Cumberland j County. Pennsylvania. of a Declare- tion of Condominium dated July 30, 1985, and recorded August 14.1985. in Miscellaneous Book Vol. 308, page 147, which Declaration has been . amended by a First Amendment to Declaration of Condominium dated December 31, 1085, and recorded on December 31. 1985. in the aforesaid office at Miscellaneous Book 313. page 133, and further amended by a Second Amendment to Declaration of Condominium dated March 23. 1987 and recorded March 27, 1987. in the aforesaid office at Miscellaneous Book 331, page 933, and further amended by a Third Amendment to Declaration of Condortanium dated June 12, 1987, and recorded on June 12, 1987. in the aforesaid office of Miscellaneous Book 335, page 283. and further amended by a Fourth Amendment to Declaration of Condominium Act dated November 1 10, 1987 and recorded on November 30. 1987, in the aforesaid office at 4 Miscellaneous Book 343, page 368 and further amended by a Fifth j Amendment to Declaration orCondo. j mlnium dated April 14, 1088 and i recorded on April 18. 1088, in the aforesaid office at miscellaneous Book 348, page 868 and further amended by a Sixth Amendment to Declaration dated October 12, 1988 and recorded on October 13, 1988. in the aforesaid office at Miscellaneous Book 355, page 1084, being and des- ignated In such Declaration, as so amended, as Unit NO. 773 as more i fully described in such Declaration, as so amended together with the pro- I poillonate undivided interest In the Common Elements of such Condo- minlum as set forth In such Declare- tion as so amended and as further amended by any further amend- ments thereto hereafter recorded in the aforesaid oMce. TAXPARCEL018-22.0510.0010. a TITLE TO SAID PREMISES IS VESTED IN Michael O. Amsbaugh and Cheryl Amsbaugh, husband and wife by Deed from Darnel L, Allen and Justine A. Allen, husband and wife dated 5/27/95 recorded 6/10/05 in Deed Book 123 Page 760, P.EA.L ESTATE SALE NO 40 51, 000.00 Advance Costs Paid 12/17/99 Atr.•. Frank Federman Assessed Valuation S 5,880.00 WPJTivO. 99-6190 Civil Norwest Mortgage, Inc. VS Michael G. Amsbaugh and Che ryl L. Amsbaugh 773 Old Silver Springs Road Mechanicsburg, PA REAL DEBT $ 79,040.15 ENMPEST 12/1/99 to 3/1/00 12.99 per diem 1,182.09 A MS FEES M UT COST= 1.715' 125.64 E5t6cRsc">' Other Costs 1,182.09 LACE CHARGE SHERIFF'S COSTS Docke:ine 30.00 Poundage 19.47 Posing Bills 15.00 Adsenisine 15.00 Aeknowledeing Dee= 30.00 Auctioneer 10.00 Law Library .50 Court' 1.00 Mileaze 18.60 Cea M30 3.33 Law . 15.00 Postpone Sale Surcharge 24.00 Lezal Starch ' DVERiLRr,: Law Journal 428.15 Patrot 306.23 Share of Bills 25.08 Distribution of Proceeds 25.00 Shea:; s Deeds 26.50 ST.k.%v1PS Pz Transfer Tax T%vp or Boro Transfer Tax TAXES NORWEST MORTGAGE, INC. s CUMBERLAND COUNTY s COURT OF COMMON PLEAS : CIVIL DIVISION vs. MICHAEL G. AMSBAUGH CHERYL L. AMSBAUGH s NO. 99-6190-CV AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) NORWEST MORTGAGE, INC. , Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 773 OLD SILVER SPRINGS ROAD MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) MICHAEL G. AMSBAUGH 719 CUMBERLAND POINT CIRCLE MECHANICSBURG, PA 17055 CHERYL L. AMSBAUGH 350 OLD SILVER SPRINGS ROAD MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) COMMERCIAL CREDIT CORPORATION 3401 HARTZDALE DRIVE SUITE 126 CAMP HILL. PA 17011 5. NONE Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY WALNUT VILLES CONDOMINIUM LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) 773 OLD SILVER SPRINGS ROAD MECHANICSBURG, PA 17055 13 NORTH HANOVER STREET CARLISLE, PA 17013 TO BE DETERMINED I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 14, 1999 AGvz Lend DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff NORWEST MORTGAGE, INC. Va. MICHAEL G. AMSBAUGH CHERYL L. AMSBAUGH s CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 99-6190-CV NOTICE OF SHERIFF'S SALE OF REAL PROPERTY December 13, 1999 TO: MICHAEL G. AMSBAUGH CHERYL L. AMSBAUGH 719 CUMBERLAND POINT CIRCLE 350 OLD SILVER SPRINGS ROAD MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 773 OLD SILVER SPRINGS ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff's Sale on MARCH 1, 2000 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $79,040.15 obtained by NORWEST MORTGAGE, INC. (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the SHeriff and will be made available for inspection in his office. The schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATORNEY REFERRAL CUMBERLAND COUNTY BAR ASOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referenced to below as "Walnut Villes Condominium" located in the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted pursuant to the provision of the Pennsylvania Uniform Condominium Act. 69 Pa. Cons. Stat. Ann §§ 3101 et seq. (Pardon Supp. 1988), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated July 30, 1985, and recorded August 14, 1985, in Miscellaneous Book Vol. 308, page 147, which Declaration has been amended by a First Amendment to Declaration of Condominium dated December 31, 1985, and recorded on December 31, 1985, in the aforesaid Office at Miscellaneous Book 313, page 133, and further amended by a Second Amendment to Declaration of Condominium dated March 23, 1987 and recorded March 27, 1987, in the aforesaid office at Miscellaneous Book 331, page 933, and further amended by a Third Amendment to Declaration of Condominium dated June 12, 1987, and recorded on June 12, 1987, in the aforesaid office of Miscellaneous Book 335, page 283, and further amended by a Fourth Amendment to Declaration of Condominium Act dated November 10, 1987 and recorded on November 30, 1987, in the aforesaid office at lvliscellaneous Book 343, page 368 and further amended by a Fifth Amendment to Declaration of Condominium dated April 14, 1988 and recorded on April 18, 1988, in the aforesaid office at miscellaneous Book 348, page 868 and further amended by a Sixth Amendment to Declaration dated October 12, 1988, and recorded on October 13, 1988, in the aforesaid office at Miscellaneous Book 35j, page 1084, being and designated in such Declaration, as so amended, as Unit NO. 773 as more fully described in such Declaration, as so amended together with the proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as so amended and as further amended by any further amendments thereto hereafter recorded in the aforesaid office. Tax Parcel #18-22-0519-00113 TITLE TO SAID PREMISES IS VESTED IN Michael G. Amsbuugh and Cheryl Amsbuagh, husband and wife by Deed from Daniel L. Allen and Justine A. Alen, husband and wife dated 5127/95 recorded 6/19/95 in Deed Book 123 Page 760. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-6190 CIVIL W,Term COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF C ,mhHrlnnd COUNTY: To satisfy the debt. Interest and costs due NQrtvest hbrtga e. Inc. from Michael G. Amsbaugh, 719 Cumberland Point Circle, Mechanicsburg, PA 17055 Cheryl L. Amsbaugh, 350 old Silver Springs Road, Mechanicsbuug, PA 17055 DANT(S) (t) You are directed to levy upon the property of the defendant(s) and to sell nir.ago? ,. ai•tprh,..a Fe?tY description-of-pro (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; (3) Ilpropertyofthedelendant(s)notlevieduponansubject toattachment isfoundinthepossessionofanyoneother than a named garnishee, you are directed to notify hirn1he r that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $79,040.15 _ L.L. _. $.50 Interest from 12/1/99 to X1700 Interest Per-Diem-4-1-2A9a Due Prothy $1.00 Alty's Comm % Ally Paid $125.64 Plaintiff Paid Other Costs $1,182.09 Date: Dr cenher 1 5, 19 9 9 Curt-is R. Anne Prothonotary, Civil Division Deputy REQUESTING PARTY: Name _Frank Federnon, Es Address: Iwo Penn Center Plaza Philadelphia PA 19102 Attorney for: Pa a i nr i f f Telephone: 215-563-7000 Supreme Court ID No. 1274__ -- REAL ESTATE SALE No.yo On SiAa- J1'119 the sheriii lovied upon the defendants interest in the real property situated In '60.0-4 - Cumberland County, Pa., kno in and nurnbsred as: WA12A...4" lL and more tu!!y kcs.-Ol,od on RUM "A" filed With this writ and by this rv?ferencn incorporated horcin. Oatoa0,?-?Q.._/?7??g9 6y sc, PV zt of 91 330 A.,_ ,t;W ddIU311? ,,,, Ju J.1I4do