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HomeMy WebLinkAbout01-2247IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., assignee of FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff, CIVIL DIVISION COMPLAINT ~ MORTGAGE FO~CLOS~ VS. CHRISTOPHER M. BUCHER and HILDA F. BAKER, Defendants. 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. Vitfi & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee of FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff, VS. CHRISTOPHER M. BUCHER and HILDA F. BAKER, Defendants. No. o/- NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT Louis P. Vitti and Associates, P.C. is a law firm attempting to collect a debt for our client, National City Mortgage Co., and any information obtained will be used for that purpose. Attached is a Complaint in Mortgage Foreclosure which sets forth the mount of a debt we are advised that you owe to National City Mortgage Co. We are attempting to collect this debt. Unless you dispute the validity of this debt or any portion of this debt, within thirty (30) days after receipt of this Notice, Louis P. Vitti and Associates, P.C, will assume this debt to be valid. If you notify Louis P. Vitti and Associates, P.C. in writing within the thirty (30) day period that this debt or any portion of this debt is disputed, then Louis P. Vitti and Associates, P.C. will obtain verification of the debt and we will mail a copy of this verification to you. Please be sure to provide us with your correct mailing address. If the creditor named in the attached Complaint is not the original creditor we will, upon your written request, provide you with the name and address of the original creditor. If you dispute this debt (or any part of this debt) in writing or request the name of the original creditor in writing within thirty (30) days after you receive this Notice, Louis P. Vitti and Associates, P.C. will cease collection of the debt or any disputed portion of the debt until we have obtained the verification and/or name of the original creditor and have mailed that information to you. COMPLAINT IN MORTGAGE FORECLOSURE NOTICE 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 COMPLAINT IN MORTGAGE FORECLOSURE 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: 1. 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 at 3232 Newmark Drive, Miamisburg, OH 45342. 2. The Defendant(s) is/are individuals with a last known mailing address of 517 South Pitt Street, Carlisle, PA 17013. The property address is 517 South Pitt Street, Carlisle, PA 17013 and is the subject of this action. 3. On the 28th day of January, 2000, in consideration of a loan of FiftyoEight Thousand, Four Hundred and No/100 ($58,400.00) Dollars made by First United Mortgage Services, Inc., a PA corporation, to Defendant(s), the said Defendant(s) executed and delivered to First United Mortgage Services, Inc., a PA corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and First United Mortgage Services, Inc., as mortgagee, which mortgage was recorded on the 31st day of January, 2000, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1593, page 922. 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. On or before the 31st day of January, 2000, First United Mortgage Services, Inc., a PA corporation, assigned to the Plaintiff, National City Mortgage Co., the said mortgage, that assignment being recorded in the Office of the Recorder of Deeds of Cumberland County on the 31 st day of January, 2000, in Mortgage Book Volume 636, page 843. The said assig~maent 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 attorney's fees." 7. Since June 1, 2000, 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 shun 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 andJor 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 Sixty-Nine Thousand, Nine Hundred Twelve and 22/100 Dollars ($69,912.22) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. BY ~m -- Attorney for Plaintiff Bucher, Christopher M. SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest 8.0000% from 05/01/00 through 04/30/2001 (Plus $12.7741 per day after 04/30/2001 ) Late charges through 04/12/2001 0 months @ 20.49 Accumulated beforehand (Plus $20.49 on the 17th day of each month after 0411212001 ) 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 58,281.65 4,649.76 102.45 2,914.08 69,912.22 ALL those two certain trac~ of land and the improvements thereon situate in the Third Ward of thc Borough of Carlisle, Cumberland County, P~nn~ytvania, bounded and ~cscribed as follows: TRACT lL: BEGIN]RING at a point on the north build[ag line of South Pitt Street. a dis~nce of t32.20 feet neath et- th~ building li~ o~ ~lllow Street at ll~e corner of property ~w or fan,fly of Harold L. WaJgel. the ~id point of ~ginning ~ing in th= reneer of the partition between t~e propeay herein conveyed and the property now or f0~efly of Chade~ R. T~d. at al4 ~ence along the latter. South 83 degre~ 47 mlaut~ ~t. a dlstan~ of I i0 r~t to the w~te~ tl~ of a 10-~t pub/ir alia; thence along 1~¢ latter. Soud~ 6 deer,s ~3 minutes W~t. a dlsmn~ of 16 fear to a point in the partition fine of the lot hereby convey~ and the lot now or fo~erly of Jo~ph L. and ~therine D. Lou~. it being lhe pro~y known as No. 519 $ou~ Pitt Street; tl~ence on a line running through the center of a partition wail dividing properties known as Nos. 517 and 519 South Pi, Street. a distance of 110 feet to the aasteru building line South Pitt Street; theac~ along [he taller. Nortll 6 dcgrees I3 minut~ East. a distance or 16 fee~ to thc Place of BEOlNN1NG. HA¥1NG thereon erected a frame dwelling house known and numbered as 517 South Pitt Street, Carlisle, Pennsylvania. TRACT 2; BEGINNING at a point on the eastern side of the lO-f~ot alley above- mentioned, at a p~int 143. g3 feet south et' the south building line of Willow .Street, at tim corner or tot now or formerly of Char/ca R. Todd. ct al.; il]care South 83 degrees 47 minutes East, a distance of 70 feat to the line now or fore,rix of Maa)~ Estate; thence along the same, South 6 dugre~ I3 minutes W~st, a dis~nc~ or 15 feet Id a point in said line; tl~enee in a llne (~h~ dN~ sat fo~h herein of 70.feet was inadvertently omi*ted fi'om the prior Deed r~co~ad in Dead B~k N, Volnme 36, Page 105, but for the correct distance Y, Volume 19, Pag~ 683.); Ihano~ along tl~e same, North 6 degrees 13 minutes Eash a distane~ of 13 reel to fl~e Place of ~EGINNING. T~a same being a rectangular lot 70 depth a~ an even width of 15 feet, th~ lot l~er~in described being loeate~ across said alley rrom fl~e firsl descflbed pr0~rly and almost rear of th~ same. BEING the same premises which Colleen L. Haws, single person, by her Deed dated Jauuary ,2000. and recorded in the Office of the Recorder of Deeds in and tar Cumberland County immediately prior to the r~cording of mia Mortgage, granted and conveyed unto Cl]ristopher Buchcr and Hllda F. Baker, joint tenants with the right o£ sorvivorshp, Mortgagors herein. Pennsylvania EXHIBIT" " VERIFICATION 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 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 wffhin 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. Dated: April 12, 2001 SHERIFF'S RETURN CASE NO: 2001-02247 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO ETAL VS BUCHER CHRISTOPHER M ET AL - REGULAR RICHARD E. SMITH , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE BAKER HILDA F DEFENDANT , at 1952:00 HOURS on the at 20 SOUTH HIGH STREET Sheriff or Deputy Sheriff of who being duly sworn according to was served upon 1st day of May the , 2001 NEWVILLE, PA 17241 by handing to HILDA BAKER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 7 44 00 10 00 00 23 44 Sworn and Subscribed to before me this 2~-~ day of ~ ,2-eo/ A.D. ~P~othonotary ~ ' - So Answers: R. Thomas Kline 05/02/2001 LOUIS P. By: VITTI~~ ~et~uty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2001-02247 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBBRLAND NATIONAL CITY MORTGAGE CO ETAL VS BUCHER CHRISTOPHER M ET AL JASON VIROAL , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE BUCHER CHRISTOPHER M DEFENDANT , at 1930:00 HOURS, at 519 SOUTH PITT STREET CARLISLE, PA 17013 CHRISTOPHER BUCHER a true and attested copy of COMPLAINT - Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 18th day of April the , 2001 by handing to MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 3 Affidavit Surcharge 10 31 Sworn and Subscribed to before me this ,~2~-'~ day of ~ ~/ A.D. So Answers: O0 O0 R. Thomas Kline O0 10 05/02/2001 LOUIS P. VITTI 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., assiguee of FIRST UNITED MORTGAGE SERVICES, INC., CIVIL DIVISION NO. 01-2247 CIVIL TERM VS. Plaintiff} PRAECIPE FOR DEFAULT JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE CItRISTOPHER M. BUCHER and HILDA F. BAKER, Code MORTGAGE FORECLOSURE Defendanls. 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 NATIONAL CITY MORTGAGE CO., assignee FIRST UNITED MORTGAGE SERVICES, INC,, VS. Plaintiff; CHRISTOPHER M. BUCHER and HILDA F. BAKER, Defendants. No. 01-2247 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $70,359.31, in favor of the National City Mortgage et al, Plaintiff in the above-captioned action, against the Defendants, Christopher M. Bucher and Hiida F. Baker and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance Interest from 05/01/00-06/04/01 (Plus $12.7741 per day after 06/04/01) $58,281.65 5,096.85 Late charges (Plus $20.49 per month from 04/12/01-09/05/015102.45) 102.45 Attorney's fee 2,914.08 Escrow Deficit (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) 3,964.28 Total Amount Due $70,359.31 The real estate, which is the subject matter of the Complaint, is situate in 3rd Ward Boro of Carlisle, Cry ofCumberland, Cmwlth of PA. Het a dwg k/a 517 S. Pitt Street, Carlisle, PA 17013.Parcel # 04-22-0483-074 Louis P. Vitti, Esquire Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee FIRST UNITED MORTGAGE SERVICES, INC., VS. Plaintiff; CHRISTOPHER M. BUCHER m~dHILDA F. BSKER, No. 01-2247 CIVIL TERM Defendants. CERTIFICATION OF MAILING 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 May 22, 2001, giving ten (10) day notice that judgment would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.C. BY: Attorney for Plaintiff SWORN to and subscribed before me this 4th day Notarial Seal of Jm~e, 2001. Cheryl B, Edier, Notary Public Pittsburgh Allegheny County My Corem ss~on Expires June 10, 2002 ./'~ ..,~=::::~ Member, Pennsylvania AssOC'l~tion Of Notaries Notary };~iblic IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee of FIRST UNITED MORTGAGE SERVICES, INC., VS. Plaintiff, CHRISTOPHER M. BUCHER and HILDA F. BAKER, Defendants. NO. 01-2247 CIVIL TERM IMPORTANT NOTICE TO: Christopher M. Bucher Hilda F. Baker 517 South Pitt Street Carlisle, PA 17013 Date of Notice: May 22, 2001 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) 249-3166 LOUIg. I~TTI & ~tg'OG, IAI/ES~ oP.C., L~giarP. 'Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** TI-~ DEBT COLLECTOR IS ATTE1V[PTING 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: CO~fNTY 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 tbr duty ,vith 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, ;md to the best of this affiant's knoMedge is/are not enlisted in military service covered by said act, and that the avem~ents 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. Louis P. Vitti, Esquire SWORN to and subscribed before :ne this 4th day I Notarial Seal ~ Cheryl B. Edler, Notary Public o~- J ~Be~ 200 l. ] Pittsburgh, Alle[jher~y County ] Mv Commissmn Expires June 10, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., assignee of FIRST UNITED MORTGAGE SERVICES, IN(;., CIVIL DIVISION NO. 01-2247 CIVIL TERM Plaintiff, PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS VS. CHRISTOPHER M. BUCHER and HILDA F. BAKER, DefEndants. 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 ill IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee FIRST UNITED MORTGAGE SERVICES, INC., Plaimiff, CHRISTOPHER M. BUCHER and HILDA F. BAKER, No. 01-2247 CIVIL TERM Defendants. PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE EORECLOSURE ~[ O: 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 interest 06/05/01-09/05/01 Total $70,359.31 1,187.99 $71~5_47.30 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate 3rd Ward BorG of Carlisle, Cty of Cumberland, Cmwlth of PA. Het a dwg k/a 517 S. Pitt Street, Carlisle, 1' k 17013.Parcel # 04-22-0483-074 Louis P. Vitti, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee FIRST UNITED MORTGAGE SERVICES, INC., VS. Plaintiff, CNRISTOPHERM. BUCHERandHILDAF. BA}~ER, Defendants. No. 01-2247 CIVIL TERM AFFIDAVIT 1. Louis P. Vitti, do hereby swear that, to the best of my knowledge, infbrmation and beliel} the Defendant(s), ~s/are .ne owners of the real property on which the Plaintiff seeks to execute That the Delbndants' last known address is 517 South Park Street, Carlisle, PA 17013. Louis P. Vitti, Esquire S ~'¢FORN TO m~d subscribed before me this 4th day of June, 2001. Notarial Seal Cheryl B, Edler, Notary Public Pittsburgh, Allegheny County My Commission Expires June 10, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff, VS. CHRISTOPHER M. BUCHER und HILDA F. BAKER, Defendants. No. 01-2247 CIVIL TERM LEGAL DESCRIPTION ALL those two certain tracts of land and the improvements thereon situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT 1: BEG!NNING at a point on the north building line of South Pitt Street, a distance of 132.20 feet south of the building line of Willow Street at the comer of property now or formerly of Harold L. Weigel, the said point of beginning being in tbe center of the partition between the property herein conveyed and the property now or formerly of Charles R. Todd, et al.: thence along the latter, South 83 degrees 47 minutes East, a distance of 110 feet to the western line of a 10-foot public alley; thence along the latter, South 6 degrees 13 minutes West, a distance of 16 feet to a point in the partition line of the lot hereby conveyed and the lot formerly of Joseph L. and Katherine D. Loury, it being the property known as No. 519 South Pitt Street; thence on a line running through the center of a partition wall dividing properties known as Nos. 517 and 519 South Pitt Street, a distance of 110 feet to the eastern building line South Pitt Street; thence along the latter, North 6 degrees 13 minutes East, a distance of 16 feet to the Place of BEGINNING. HAVING thereon erected a frame dwelling house known and numbered as 517 south Pitt Street, Carlisle, Pennsylvania. TRACT 2: BEGINNING at a point on the eastern side of the 1 O-foot alley above-mentioned, at a point 143.83 feet south of the south building line of Willow Street, at the corner of lot now or formerly of Charles R. Todd, et al.; thence South 83 degrees 47 minutes East, a distance of 70 feet to the in now or formerly of Meals Estate; thence along the sa/ne, South 6 degrees 13 minutes West, a distance of 15 feet to a point in said line; thence in a line parallel with the first mentioned line 70 feet to a point on the East side of said 10-foot alley; (the distance set forth herein ofT0 feet was inadvertantly omitted fi:om the prior Deed recorded in Deed Book N. Volume 36, Page 105, but for the correct distance see Deed Book Y, Vol~,me 19, Page 683); thence along the same, North 6 degrees 13 minutes East, a distance of 15 feet to the Place of Beginning. The same being a rectangular lot 70 feet in depth and an even width of 15 feet, ti, ~ lot herein described being located across said alley from the first described property arid almost rear of the same. HAVING erected thereon a dwelling known as 517 S. Pitt Street, Carlisle, PA 17013. Parcel No. 04-22-0483-074. BEING the same premises which Colleen L. Haws, single woman, by her Deed dated 1/28/2000 and recorded on 1/31/2000 in the Cmnberland County, Pennsylvania, in the Recorder of Deeds Office in Deed Book Volume 2! 5, page 603, granted and conveyed unto Christopher M. Bucher and Hilda F. Baker, single persons. 1N THE COl IRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee : FIRST UNITED MORTGAGE SERVICES, INC., : Plaintiff, VS. CHRISTOPHER M. BUCHER and HILDA F. BAKER, Defendants. No. 01-2247 CIVIL TERM AFFIDAVIT I. Louis P. Vitti, hereby certify that as representative of National City Mortgage et al, am familiar will~ the above-captioned case and various servicing activities related thereto and that the provisions of the laws of the Commonwealth of Permsylvania and specifically, Act 91 of 1983, have been complied with the above-captioned case. Louis P. Vitti, Esquire Attorney lbr Plaintiff SWORN to and subscribed belbre me this 4th day of ::t,ne, 200l. Cheryl B. Edger, Notary Public Pittsburgh, Atle~heny County My Commiss on Expires June 10, 2002 Notary Pt~ic IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee FIRST UNITED MORTGAGE SERVICES, INC., VS. Plaintiff, CHRISTOPHER M. BUCHER and HILDA F. BAKER, No. 01-2247 CIVIL TERM Defbndants. AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Co., et al, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execation was filed the following information concerning the real property located at 517 S. Pitt Street, Carlisle, Pa 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Address (Please indicate if this cannot be reasonably ascertained) Christopher M. Bucher Hilda F. Baker 517 S. Pitt Street Carlisle, PA 17013 2. Name and address of Defendant(s) in thejudgment: Name: Address (Please indicate if this cannot be reasonably ascertained Sa~ne as No. 1 above. 3. Name and last known address of every judgment creditor whose.judgment is a record lien on the *:al property to be sold: Name: NONE Address (Please indicate if this cannot be reasonably ascertained) 4. Nmne and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) NONE 5. Name and address of every other person who has any record lien on the property: Address (Please indicate if this cannot be reasonably ascertained) None O. 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: Nanle Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of ~vhom the Plaintiff has tmowledge who has any interest in the property which may be affected by the sale: Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Carlisle P.O. Box 128 Carlisle, Pa 17013-0128 Attn: Darlene Moyer Water & Sewage 240 Clearwater Drive Carlisle, PA 17013 Commonwealth of PA -DPW P.O. Box 8016 Harrisburg, PA 17105 Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 C~a~ of Common Pleas of Cmnberland Coumy Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance Tenant/Occupant Clearance Support Section Dept. #281230 Harrisburg, PA 17128-123{) Attn: Susan Blough 517 S. Pitt Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that ~hlse statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. June 4, 2001 Date Attorney for Plaintiff SWORN TO and subscribed be&~re me this 4th day [ No~r}~ Soa~ ~ Cheryl B. Edict, Notary Public j Pittsburgh, Allegheny County O~ Jr!ne. 2000, [My Corem ss on Expires June 10, 2002 Notary P tlM~c NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Christopher M. Bucher Hilda F. Baker 517 S. Pitt Street Carlisle, PA 17013 AND: ALL LIEN HOLDERS TAKE NOTICE tlmt by virtue of the above Writ of Execution issued out of the Court of Common Fleas of Cumberland County, Pennsylvania and to the Sheriff of Cmnbedand County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on September 5,2001 at 10:00 A.M., the following described real estate, of which Christopher M. Bucher and H/Ida F. Baker are owners or reputed owners: 3rd Ward Boro of Carlisle, Cty of Cumberland, Cmwlth of PA. Her a dwg k/a 517 S. Pitt Street, Carlisle, PA 17013. Parcel # 04-22-0483-074. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co., et al vs. Christopher M. Bucher and Hilda R. Baker at 517 S. Pitt Street, C~rlisle, PA 17013 in the amount of $70,359.31. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days ii'om 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, lfyou 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 GE']? LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriff's 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, be~bre the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have ~4thin twemy (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may brave the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for/'ailing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiffhas a valid claim to Ibreclose the Mortgage, k:ou may also have the right to have the judgment stricken if the Sherifftms not made a valid return of service of the Complaint and Notice to Detbnd or if the judgment was entered before twenty (20) days aft¢~ service or in certain other events. To exercise this right, you would have to file a petition to strike th c .1 udgment. You may' also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a detkct in the Writ of Execution or service or demonstrate ~my 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 ;here 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 (I 0) days from the date when the Schedule of Distribution is filed in the Office of the Sheriffk Louis P. Vitti, Esquire 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.** National City Mortgage Co Assignee First United Mortgage Services, Inc. Christopher M.Bucher In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2001-2247 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law says this writ, is retumed Stayed. Sheriff's Costs: Docketing 30.00 Poundage 1.99 Law Library .50 County 1.00 Mileage 3.10 Levy 15.00 Surcharge 40.00 Postpone Sale 20.00 $111.59 Pd by atty 06/12/01 Sworn and subscribed to before me This 7~,~. day of Q So ans~versy~j R. Thomas Kline, Sheriff Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee FIRST LrNITED MORTGAGE SERVICES, INC., VS. Plaintiff, CHRISTOPHER M. BUCHER and HILDA F. BAKER, No. 01-2247 CIVIL TERM Defendm~ts. AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Co., et al, Plaintiff in the above action, sets forth as of the date the Praecipe fbr the Writ of Execution was filed the following information concerning the real property located at 517 S. Pitt Street, Carlisle, Pa 17013. Address (Please indicate if this cannot be reasonably ascertained) 1. Name and address of Owner(s) or Reputed Owner(s): Name: Christopher M. Bucher Hilda F. Baker 517 S. Pitt Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascerta/ned) Same as No. 1 above. 3. Name and last lmown address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) NONE Sanre NONE Name None 4. Name and address of the last recorded holder of every mortgage of record: Address (Please indicate if this cannot be reasonably ascertained) 5. Name and address of every other person who has any record lien on the property.: Address (Please indicate if this cannot be reasonably ascertained) 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. Nanre 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: Nm-ne Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Carlisle P.O. Box 128 Carlisle, Pa 17013-0128 Attn: Darlene Moyer Water & Sewage 240 Clearwater Drive Carlisle, PA 17013 Commonwealth of PA -DPW P.O. Box 8016 Harrisburg, PA 17105 Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 Cot,t't of Common Pleas of C~lmberland County Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance Tenant/Occupant Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Atm: Susan Blough 517 S. Pitt Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or infbrmation 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. June 4. 2001 Date Attorney for Plaintiff SWORN TO and subscribed bet;>ce me this 4th day i ~eta,'ial Seal j Ch~eJyl B. Edict, Notary Public ~ Fuittoburgh. Allegheny County et' Ju/'le, 2000. ~ :wx¢ Commission £xp res June lO, 2002 Notary Pu, Mic NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 to l °~'sen7c TO: Christopher M. Bucher Hilda F. Baker 517 S. Pitt Street Carlisle, PA 17013 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 Sake in Cumberland County Courthouse on September 5,2001 at 10:00 A.M,, the following described real estate, of which Christopher M. Bucher and Hilda F. Baker are owners or reputer owners: 3rd Ward Boro of Carlisle, Cty of Cumberland, Cmwlth of PA. Het a dwg k/a 517 S. Pitt Street, Carlis PA 17013. Parcel # 04~22-0483-074. The said Writ of Execution has issued on a judgment in the mortgage tbreclosure actff National City Mortgage Co., et al vs, Christopher M. Bucher and Hilda R. Baker at 517 S. Pitt Carlisle, PA 17013 in the amonnt of $70 35931, Claims against property must be filed at the Office of the Sher/ffbefore above sale date Claims to proceeds must be made with the Office of the Sheriff betbre the sale date. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirJay from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with th Sheriff no later than ten (10) days fi'om the date when Schedule of D~smbut~on ~s filed m t Sheri£~: Attached hereto is a copy of the Writ of Executiom It has been issued because t}~'Le~ against you. It may cause your property to be held or taken to pay the judgment. Y~Fthe rights to prevent your property from being taken. A lawyer can advise you more s rights. If you wish to exercise your rights you must act promptly. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff, VS. CHRISTOPHER M. BUCHER and HILDA F. BAKER, Defendants. No. 01-2247 CIVIL TERM LEGAL DESCRIPTION ALL those two certain tracts of land and the improvements thereon situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania. bounded and described as follows: TRACT 1: BEGr, NNING at a point on the north building line of South Pitt Street, a distance of 132.20 feet south of the building line of Willow Street at the corner of property now or formerly of Harold L. Weigel, the said point of beginning being in the center of the partition between the property, herein conveyed and the property now or formerly of Charles R. Todd, et al.: thence along the latter. South 83 degrees 47 minutes East, a distance of 110 feet to the western line of a I0-foot public alley; thence along the latter, South 6 degrees 13 minutes West, a distance of 16 feet to a point in the partition line of the lot hereby conveyed and the lot formerly of Joseph L. and Katherine D. Loury, it being the properly known as No. 519 South Pitt Street; thence on a line running through the center of a partition wall dividing properties known as Nos. 517 and 519 South Pitt Street, a distance of 110 feet to the eastern building line South Pitt Street; thence along the latter, North 6 degrees 13 minutes East, a distance of 16 feet to the Place of BEGINNING. HAVING thereon erected a frame dwelling house known and numbered as 517 south Pitt Street, Carlisle, Pennsylvania. TtLACT 2: BEGINNING at a point on the eastern side of the 1 O-foot alley above-mentioned, at a point 143.83 feet south of the south building'line of Willow Street, at the corner of lot now or formerly of Charles R. Todd, et al.;'thence South 83 degrees 47 minutes East, a distance of 70 feet to the in now or formerly of Meals Estate; thence along the same, South 6 degrees 13 minutes West, a distance of 15 feet to a point in said line; thence in a line parallel with the first mentioned line 70 feet to a point on the East side of said 1 O-foot alley; (the distance set l:brth herein of 70 feet was inadvertantly omitted fi'om the prior De*:d recorded in Deed Book N. Volume 36, Page 105, but for the correct distance see Deed Book Y. Voltane 19, Page 683); thence along the same, North 6 degrees i3 minutes East, a distance of 15 feet to the Place of Beginning. The same being a rectangular lot 70 feet in depth and an even width of 15 feet, the lot herein described being located across said alley from the first described property and almost rear of the same. HAVING erected thereon a dwelling known as 517 S. Pitt Street, Carlisle, PA 17013. Parcel No. 04-22-0483-074. BEING the same premises which Colleen L. Haws, single woman, by her Deed dated 1/28/2000 and recorded on 1/31/2000 in the Ctnnberland County, Pennsylvania, in the Recorder of Deeds Office in Deed Book Volume 215, page 603, granted and conveyed unto Christopher M. Bucher and Hilda F. Baker, single persons. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumberland To satisfy the debt, interest and costs due Mortgage Services, Inc. NO. 01-2247 CIVIL 1~IX TE~ CIVIL ACTION - LAW COUNTY: National City Mortgage Co., assignee First United PLAINTIFF(S) ChristoDher M. Bucher and Hilda F. P~ker0 517 South Pitt Street, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant(s) and to sell DEFENDANT(S) See Legal Description (2) You am also directed to attach the property of Ihe 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/am enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If properly of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above staled. Amount Due $70,359.31 Interest 6/5/01 - 9/5/01 - $1,187.99 A~y's Comm % A~y Paid $176.~4 Plaint~f Paid L.L. $, 50 Due Prothy $1,00 Other Costs Date:_ ,l',,n~= 6, 2001 REQUESTING PARTY: Name Louis P. Vitti, Esq. Address: 916 Fifth Avenue Pittsburqh, PA 15219 A~orney for: Plaintiff Telephone: 412-281-1725 Supreme Court ID No. 01072 Ctmti~ R- Tz3ng Prothonotary, Civil Division Deputy REAL ESTATE SALE ~,,.~ '7, ;oo / the sheriff tovie~i upon i~ ~ the r~l properly ~ituated in ~~ ~nd County, Pa.. known and num~r~ ~~ . a~ more fully de~ribed on writ ~d By ~is re~rence incorporated IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., assignee of FIRST UNITED MORTGAGE SERVICES, INC., CIVIL DIVISION NO. 01-2247 CIVIL TERM Plaintiff, PRAECIPE TO REISSUE WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS VS. CHRISTOPHER M. BUCHER and HILDA F. BAKER, Defendants. 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 NATIONAL CITY MORTGAGE CO., assignee of FIRST UNITED MORTGAGE SERVICES, 1NC., VS. Plaimiff, CHRISTOPHER M. BUCHER and HILDA F. BAKER, Defendants. NO. 01-2247 CIVIL TERM PRAECIPE TO REISSUE WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly Reissue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter as follows: Amount Due $70,359.31 Interest 06/05/01-12/05/01 2.350.43 Total $72.709.74 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in: 3rd Ward, Boro of Carlisle, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 517 South Pitt Street, Carlisle, PA 17013. Parcel No. 04-22-0483-074. Louis P. Vitti, Esquire Attorney for Plaintiff IN TEE COURT OF COMiMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE FOR WRIT OF ~_L/3TION Caption: National City Mortgage Co., et al, vs. Christopher M. Bucher and Hilda F. Baker, ( ) Confessed Judqment ( ) Other File No, 01-2247 Civil Term Amount ~ue $70,359.31 Interest 2,350.~3 Atty's Cc~n Costs TO T~E pR(TIHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not erise out of a rets1] iz~tm]]r~-~t sale, contract, or account based on a confession of jud~rr~nt, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as attended; and for r.a] property pursuant to Act 6 of 1974 as amended. Issue writ of ey--~cution in the above matter to the Sheriff of Cumberland County, for debt, interest a~d costs upon the fo~lowinq described property of the defendant(s) Christopher M. Bucher and Hilda F. Baker PRABC/_PE FOR A~5~i~MENT EXECUTION Issue writ of attachraent to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attaci~r~nt aga/nst the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply fouuf c~pies of lengthy personal~y List) See attached leAal description and a]~ other proper~y of the defendant(s in the possession, custcdy or control of the said garnishee(s). DATE: (Indicate) Index this wriC agairust the garnishee(s) as a :-is pendens against real estate of the defendant(s) described in the attached exhibit. September 6, 2001 Signature:~~~~ Prin~ Name: .zdciress: Louis P. Vitti 916 Fifth Avenue Pittsburgh, PA 15219 Plaintiff (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO,, assignee of FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff, NO. 01-2247 CIVIL TERM VS. CHRISTOPHER M. BUCHER and HILDA F. BAKER, Defendants. LEGAL DESCRIPTION ALL those two certain tracts of land and the improvements thereon situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT 1: BEGINNING at a point on the North building line of South Pitt Street, a distance of 132.20 feet South of the building line of Willow Street at the comer of property now or formerly of Harold L. Weigle, the said point of beginning being in the center of the partition between the property herein conveyed and the property now or formerly of Charles R. Todd, et al; thence along the latter, South 83 degrees 47 minutes East, a distance of 110 feet to the Westem line of a 10 foot public alley; thence along the latter, South 6 degrees 13 minutes West, a distance of 16 feet to a point in the partition line of the lot hereby conveyed and the lot now or formerly of Joseph L. and Katherine D. Loury, it being the property known as No. 519 South Pitt Street; thence on a line running through the center of a partition wall dividing properties known as Nos. 517 and 519 South Pitt Street, a distance of 110 feet to the Eastern building line South Pitt Street; thence along the latter, North 6 degrees 13 minutes East, a distance of 16 feet to the Place of BEGINNING. HAVING thereon erected a frame dwelling house known and numbered as 517 South Pitt Street, Carlisle, PA 17013. TRACT 2: BEGINNING at a point on the Eastern side of the 10 foot alley above mentioned, at a point 143.83 feet South of the South building line of Willow Street, at the comer of lot now or formerly of Charles R. Todd, et al; thence South 83 degrees 47 minutes East, a distance of 70 feet to the line now or formerly of Meals Estate; thence along the same, South 6 degrees 13 minutes West, a distance of 15 feet to a point in said line; thence in a line parallel with the first mentioned line 70 feet to a point on the East side of said 10 foot alley; (the distance set forth herein of 70 feet was inadvertently omitted from the prior Deed recorded in Deed Book N, Volume 36, Page 105, but for the correct distance see Deed Book Y, Volume 19, Page 683); thence along the same, North 6 degrees 13 minutes East, a distance of 15 feet to the Place of BEGINNING. The same being a rectangular Lot 70 feet in depth and an even width of 15 feet, the Lot herein described being located across said alley from the first described property and almost rear of the same. PARCEL NO. 04-22-0483-074 BEING the same premises which Colleen L. Haws, single woman, by deed dated 01/28/00 and recorded on 01/31/00 in the Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 215, page 603, granted and conveyed unto Christopher M. Bucher and Hilda F. Baker, single person. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee of: FIRST UNITED MORTGAGE SERVICES, 1NC., : Plaintiff, VS. CHRISTOPHER M. BUCHER and HILDA F. BAKER, NO. 01-2247 CIVIL TERM Defendants. AFFIDAVIT 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 properly on which the Plaintiff seeks to execute. That the Defendants' last known address is Christopher M. Bucher at 517 South Pitt Street, Carlisle, PA 17013 and Hilda F. Baker at 20 South High Street, Newville, PA 17241. Louis P. Vitti, Esquire SWORN TO and subscribed before me this 6th day of September, 2001. Notarial Seal Cheryl B. Edger, Notary Public PittsJmr~, Alle{jheny County My Commission Expires June 10, 2002 UNITED STATES BANKRUPTCY COURI FOR FHE DISTRICT OF PENNSYLVANIA In re: Hilda F. Baker ) Debtor, ) National City Mortgage, ) Movant, ) Hilda F. Baker, ) Respondent, ) ) Markian R. Slobodian Trustee. ) Chapter #7 Case # 01-03259 ORDER OF COURT A _ AND NOW, to-wit, this ~ [ _ day of /q'U~4Jg"( _, 2001, based upon the Motion submitted and attached hereto, it is hereby Ordered, Adjudged and Decreed and determined that the Motion is granted. Movant, shall be and is hereby permitted to proceed and continue with an action in mortgage foreclosure and is hereby permitted to levy and Sheriff Sale the property located at 517 South Pitt Street, Carlisle, PA 17213 and to pursue its remedies under state law in connection with the subject note and deed of trust/mortgage. BY THE COURT Bankruptcy Judge FILED HARRISBURGPA Clerk, U.S. Bankruptcy Court IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee of FIRST UNITED MORTGAGE SERVICES, INC., VS. Plaintiff, CHRISTOPHER M. BUCHER and HILDA F. BAKER, NO. 01-2247 CIVIL TERM Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 None Address (Please indicate if this cannot be reasonably ascertained) on the real property to be sold: Name: National City Mortgage Co., 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 517 South Pitt Street, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Christopher M. Bucher 517 South Pitt Street Carlisle, PA 17013 Hilda F. Baker 20 South High Street Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien Sallie None Name None 4. Name and address of the last recorded holder of every mortgage of record: Address (Please indicate if this cannot be reasonably ascertained) 5. Name and address of every other person who has any record lien on the property: Address (Please indicate if this cannot be reasonably ascertained) 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: Nanle Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address of every other person of whom the Plaintiffhas 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 Carlisle Borough c/o Darlene Moyer P.O. Box 128 Carlisle, PA 17013-0128 Water & Sewage 240 Clearwater Drive Carlisle, PA 17013 Commonwealth of PA -DPW P.O. Box 8016 Harrisburg, PA 17105 Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance Tenant/Occupant Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 517 South Pitt Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. September 6. 2001 Date Louis P. Vitti, Esquire Attorney for Plaintiff SWORN TO and subscribed before me this 6th day NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Christopher M. Bucher 517 South Pitt Street Carlisle, PA 17013 Hilda F. Baker 20 South High Street Newville, PA 17241 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 December 5, 2001 at 10:00 A.M., the following described mai estate, of which Christopher M. Bucher and Hilda F. Baker are owners or reputed owners: 3rd Ward, Boro of Carlisle, Cumberland Cry & Cmwlth of PA. HET a dwg k/a 517 South Pitt Street, Carlisle, PA 17013. Parcel No. 04-22-0483-074. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co., et al vs. Christopher M. Bucher and Hilda F. Baker at No. 01-2247 CIVIL TERM in the amonnt of $70,359.3 I. Claims against property must be filed at the Office of the Sheriffbefom 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 Sheriffno 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 (I0) 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 (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. If the judgment was entered because you did not file with the Court any defense or objection you might lmve within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for falling to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiffhas a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriffhas not made a valid return of service of the Complaint and Notice to Defend or if the judgment 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 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 exemise 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 Sheriffwill 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 filed in the Office of the Sheriff. Louis P itti, Esquire 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?* NOTICE OFSHERIFF'SSALE OF REAL ESTATEPURSUANTTO PENNSYLVANIA RULE OF CIVIL PROCEDURE3129.1 TO: Christopher M. Bucher 517 South Pitt Street Carlisle, PA 17013 Hilda F. Baker 20 South High Street Newville, PA 17241 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 December 5, 2001 at 10:00 A.M., the following described real estate, of which Christopher M. Bucher and Hilda F. Baker are owners or reputed owners: 3rd Ward, Boro of Carlisle, Cumberland Cry & Cmwlth of PA. HET a dwg k/a 517 South Pitt Street, Carlisle, PA 17013. Parcel No. 04-22-0483-074. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co., et al vs. Christopher M. Bucher and Hilda F. Baker at No. 01-2247 CIVIL TERM in the amount of $70,359.31. Claims against property must be filed 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 (717) 249-3166 You may have legal fights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those fights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the fight 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. If 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 for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid retum of service of the Complaint and Notice to Defend or if the judgment 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 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 Shefiffwill deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribntion is filed in the Office of the Sheriff. Loui~ P. Vitti, Esquire 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.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO., assignee of FIRST UNITED MORTGAGE SERVICES, 1NC., CIVIL DIVISION NO. 01-2247 CIVIL TERM AFFIDAVIT OF SERVICE Plaintiff, VS. CHRISTOPHER M. BUCHER and HILDA F. BAKER, Defendants. 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 NATIONAL CITY MORTGAGE CO., assignee of FIRST UNITED MORTGAGE SERVICES, INC., VS. Plaintiff, CHRISTOPHER M. BUCHER and LINDA F. BAKER, Defendams. AFFIDAVIT OF SERVICE NO. 01-2247 CIVIL TERM I, Audra J. Hunger, 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 13, 2001, advising them of the Sheriff's sale of the property at 517 South Pitt Street, Carlisle, PA 17013, on December 5, 2001. SWORN to and subscribed before me this 31st day of October, 2001. LOUIS P. VITTI & ASSOCIATES, P.C. Audra J. Hu~ger Notarial Seal Cheryl B, Edlor, No,,t~,t Public Pitteburoh, Alleghen..~,, County My Commission Expires June 10, 2002 Member, Pennsy~'¢aala As,c, ociat~on ol Notaries Notary P~I 'lC U.S* POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE POSTMASTER <~?,~,;?~ Received From: Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current 6 2~-I'SI~-~B6 1521f91 5 2 I 9 (412) 2u~-~ ~2b One piece of ordinary mail addressed to: Tenant/Occupant 517 South Pitt Street Carlisle, PA 17013 PS Form 3817, Mar. 1989 A.J./Bucher/12-05-01 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From; Affix fee here in stamps or meter postage and post mark. Inquire of (412) 281-172b One piece of ordinary mail addressed to; Bureau of Compliance Attn: busan ~lough Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 PS Form 3817, Mar. 1989 A.J./Bucher/12-05-01 Affix fee here in stamps u.s. POSTAL SERVICE CERTIFICATE OF MAILING or meter postage and MAY SE USED FOR DOMESTIC AND iNTERNATIONAL MAIL, DOES NOT post mark. Inquire of PROVIDE FOR ,NSURA NC['~ ~1 ~' T ~rr'"l'~t ~"~. J~,- ~'nnJ~T~ ~.Postmaster for current !~o~ .... ~6. 4 q 35 One piece of ordinary mail addressed to: Court of Cordon Pleas Cumberland Cty Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 PS Form 3817, Mar. 1989 A.J./Bucher/12-05-O1 u.s, ~os~ StRWC~ CERTIFICATE OF MAILING E SED FOR DOMESTIC ANP INTERNATIONAL MAIL, DOES NOT ~ 2 2~16 E~NUE Pit 15BURGH, PA 15219 Clerk of ~urts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 PS Form 3817, Mar. 1989 A.J./Bucher/12-05-01 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY S~ USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSUaANDE-?OSTMASTER Received From: (412) 281-1725 O~e Piece of oralnary mai) addressed to: Water & Sewage 240 Clearwater Drive Carlisle, PA 17013 PS Form 3817, Mar. 1989 A.J./Bucher/12-05-0! CERTIFICATE OF MAILING ot meter postage and Tax Collector of Carlisle Borough c/o Darlene Moyer P.O. Box 128 Carlisle, PA 17013-0128 PS Form 3817, Mar. 1989 A.J./Bucher/12-05-01 U.$. POSTAL SERVICE CERTIFICATE OF MAll,lNG MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIOE FOR INSURANCE-POSTMASTER (412) 281-1725 Co~m~onweal~h of PA - Dl~ P.O. Box 8016 Harrisburg~ PA 17105 PS Form 3s~7, M.r. ~989 A.J./Bucher/12-05-O1 STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND Robert V Ziegler I, .............................................................................. Recorder Dec, da in and for said Count,/and State do'hereby certify that the Sheriff's Deed in which National City Mtg Co .................................................................................... is the grantee the same having been ~ld to said grantee on the .... 5£3. ....................................... day of ........................................ A, D., .,' ~_0.~_, under and by virtue oi a writ Exe cut: 'ion 12 t h ................................................ ~Su~d O~ thc ..................................... ~ O~...Septe bet 01 y ....................... A.D., ...__~ out o~ the Court o! Comman Pie. as o~ said County'as of .................................................................................. Term, ...... 224? ..... NationalCity Mtg Co assignee of First United Meg aery Inc ~ltlmo~r .............. ~ nat f~ll~ suit Of ............................................................... Christopher M Bucher & Hilda F Baker ..................... ag mst ................................... ..... . ......... ._ ia dui recorded in SherifFs Bead Book No 250 2119 Y ............. , Pagc IN TESTIMONY WHEREOF, I hav~cunto set my hand and seal of said office this. _[~. __o~.. day National City Mortgage Co., assignee Of First United Mortgage Services, Inc. VS Christopher M. Bucher and Hilda F. Baker In The ~ourt of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-2247 Civil Term Shannon Sunday, Deputy Sheriff, who being duly sworn according to law, states that on October 17, 2001 at 9:00 o'clock A,M., E,D.S.T., she served a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the within named defendant, to wit: Christopher Bucher, by making known unto Walter Chronister, adult in charge, at 140l Creek Road, Boiling Springs, Pennsylvania, its contents and at the same time handing to him personally the said true attested copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 16, 2001 at 8:20 o'clock P.M., E.D.S.T., he served a tree copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the within named defendant, to wit: Hilda Baker, by making known unto Hilda Baker personally, at 20 South High St, Newville, Pennsylvania, its contents and at the same time handing to her personally the said trne attested copy of the same. Jason Vioral, Deputy Sheriff; who being duly sworn according to law, states that on October 01, 2001 at 8:15 A.M., E.D.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Christopher M. Bucher and Hilda F. Baker located at 517 South Pitt St., Carlisle, 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 following mamaer: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Christopher M. Bucher by regular mail to his last known address of 517 South Pitt Street, Carlisle, PA 17013. This letter was mailed under the date of October 30, 2001 and never returned to the Sheriff's 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 Sheriffmailed a notice of the pendency of the action to one of the within named defendants to wit: Hilda F. Baker, by regular mail to her last known address of 20 South High Street, Newville, PA 17241. This letter was mailed under the date of October 30, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Cumberland County, Pennsylvania, on December 5, 2001 at 10:00 o'clock A.M., E.S.T. He sold the same for the sum of $20,000.00 to Attorney Kathy Hirsch (for Attorney Louis P. Vitti) for National City Mortgage Company. It being the highest bid and best price received for the same, National City Mortgage Co. of 3232 Newmark Drive, Miamisburg, Ohio 45342, being the buyer in this exeuction paid SheriffR. Thomas Kline the sum of $1953.53, it being costs. SheriWs Costs: Docketing $ 30.00 Poundage 400.00 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 30,00 Auctioneer 10.00 Prothonotary 1.00 Mileage 14,95 Certified Mail 1.47 Levy 30.00 Surcharge 40.00 Law Journal 483.95 Patriot News 375.00 Share of Bills 25.66 Distribution of Proceeds 25.00 Sheriff's Deed 26.50 Legal Search 400.00 $1953.53 paid by attorney Swom and subscribed to before me ~f~ This zL~ day of '~c~ R. Thomas Kline, Sheriff ~ Rea~ Estate Deputy ~/2~° SCHEDULE OF I~ISTRI~UTION SALE #50 Writ No. 2001-2247 Civil Term National City Mortgage co., assignee of First United Mortgage Services, Inc. VS Christopher M. Bucher and Hilda F. Baker 517 South Pitt Street Carlisle, PA 17013 Sale Date: Buyer: Bid Price: December 5, 2001 National City Mortgage Co. $20,000.00 Real Debt: $70,359.31 Interest: 2,350.43 Writ Costs: 181.13 Total: $72,890.87 DISTRIBUTION Amount Collected: $1,953.53 Legal Search 400.00 Sherifffs Costs 1,553.53 So Answers: R. Thomas Kline, Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 50 Held Wednesday, December 5, 2001 Date: December 5, 2001 TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the current year 2001. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2001, and recorded ,2001, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which Colleen L. Haws, single woman, by deed January 28, 2000 and recorded January 31, 2000 in the Office of the Recorder of Deeds in and for Cumberland County in Carlisle, Pennsylvania in Deed Book 215 Page 603, granted and conveyed to Christopher M. Bucher and Hilda F. Baker. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5, Public and private rights in the roadbed of 60 feet wide South Pitt Street and in the roadbed of a 10 foot wide unnamed public alley. 6. Rights in party wall forming a portion of the dividing line between the subject premises and the real estate known as 519 South Pitt Street. Mortgage in the amount of $58,400.00 given by Chhstopher M. Bucher and Hilda F. Baker to First United Mortgage Services, Inc. dated January 28, 2000 and recorded January 31, 2000 in Mortgage Book 1593, Page 922. Assigned to National City REAL ESTATE SALE NO. 50 Writ No. 2001-2247 Civil National City Mortgage Co., assignee of First United Mortgage Services, Inc, Christopher 'M. Bucher and l-{llda F. Baker Atty.: Louis P. Vltti LEGAL DESCRIPTION ALL those two certain tracts of land and the improvements thereon situate In the Th/rd Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT 1: BEGINNING at a point on the North building line of South Pitt Street, a distance of I32.20 feet South of the budding line of Willow Street at the corner of property now or formerly of Harold L. Weigle, the said point of beginning being in the center of the partition between the property herein conveyed and the property now or formerly of Charles R. Todd, et al; thence along the lat- ter, South 83 degrees 47 minutes ,,East, a distance of 110 feet to the Western line of a 10 foot public al* lay; thence along the latter, South 6 degrees 13 ntinutes West, a dtstance of 16 feet to a point In the partition line of the lot hereby conveyed and the lot now or formerly of Joseph L, and Katherine D. Loury, it being the property known as No. 519 South Pitt Street; thence on a line running through the center ora par- titlon wall dividing properties known as Nos. 51'; and 519 South Pitt Street, a distance of 110 feet to the Eastern building line South Pitt Street; thence along the latter, North 6 degrees 13 minutes East, a dis- tance of 16 feet to the Place of GINNING. HAVING thereon erected a frame dwelling house known and num- bered as 517 South Pitt Street, Carlisle, PA 17013, TRACT 2: BEGINNING at a point on the Eastern side of the 10 foot alley above mentioned, at a point 143.83 feet South of the South budding line of Willow Street, at the corner of lot now or formerly of Charles R. Todd, et al; thence South 83 degrees 47 minutes East, a dis~ tance of 70 feet to the line now or formerly of Meals Estate; thence along the same. South 6 degrees 13 minutes West, s distance of 15 feet to a po/hr in said line; thence in a line parallel with the first mentioned line 70 feet to a point on the East side of said 10 foot alley; (the dis- tance set forth herein of 70 feet was inadvertently omitted from the prior Deed recorded In Deed Book N, Volume 36. Page 105, but for the correct distance see Deed Book Y, Volume 19. Page 6851: thence along the same, North 6 degrees 13 min- utes East, a distance of 15 feet to the Place of BEGINNING. The same being a rectangular Lot 70 feet in depth and an even width of 15 feet, the Lot herein described being cared across said alley from the first described property and almost re~ of the same. pARCEL NO. 04-22-0483-074 BEING the same premises whit Colleen L. Haws. single woman, t deed dated 01/28/00 and record~ on 01/31/00 in the Cumberlar County, Pennsylvania, Recorder Deeds Office in Deed Book Volun ~ 215, page 603, granted and rayed unto Christopher M. Buch and Hllda F. Baker, single persor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee of FIRST UNITED MORTGAGE SERVICES, 1NC., VS. Plaintiff, CHRISTOPHER M. BUCHER and HILDA F. BAKER, NO. 01-2247 CIVIL TERM Defendants. AFFIDAVIT PURSUANT TO RULE 3129,1 Address (Please indicate if this cannot be reasonably ascertained) Christopher M. Bucher 517 South Pitt Street Carlisle, PA 17013 Hilda F. Baker 20 South High Street Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: Salile~ Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) None NalTle~ National City Mortgage Co., 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 517 South Pitt Street, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): 4. Name and address of the last recorded holder of every mortgage of record: Narne Address (Please indicate if this cannot be reasonably ascertained) None 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 caimot 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 Carlisle Borough c/o Darlene Moyer P.O. Box 128 Carlisle, PA 17013-0128 Water & Sewage 240 Clearwater Drive Carlisle, PA 17013 Commonwealth of PA -DPW P.O. Box 8016 Harrisburg, PA 17105 Clerk of Courts Criminal/Civil Division One Courthouse Square Carlisle, PA 17013 Court of Common Pleas of Cumberland County Domestic Relations Division P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance Tenant/Occupant Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn: Susan Blough 517 South Pitt Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. September 6. 2001 Date Louis P. Vitti, Esquire Attorney for Plaintiff SWORN TO and subscribed before me this 6th day NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Christopher M. Bucher 517 South Pitt Street Carlisle, PA 17013 Hilda F. Baker 20 South High Street Newville, PA 17241 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 December 5, 2001 at 10:00 A.M., the following described real estate, of which Christopher M. Bucher and Hilda F. Baker are owners or reputed owners: 3rd Ward, Boro of Carlisle, Cumberland Cty & Cmwlth of PA. HET a dwg k/a 517 South Pitt Street, Carlisle, PA 17013. Parcel No. 04-22-0483-074. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of National City Mortgage Co., et al vs. Christopher M. Bucher and Hilda F. Baker at No. 01-2247 CIVIL TERM in the amount of $70,359.31. Claims against property must be filed 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~i) I'HE 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 (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. If 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 for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriffhas not made a valid return of service of the Complaint and Notice to Defend or if the judgment 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 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 filed in the Office of the Sheriff. ores lttl, sqmre 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.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY MORTGAGE CO., assignee of: FIRST UNITED MORTGAGE SERVICES, 1NC., : Plaintiff, NO. 01-2247 CIVIL TERM VS. CHRISTOPHER M. BUCHER and HILDA F. BAKER, Defendants. LEGAL DESCRIPTION ALL those two certain tracts of land and the improvements thereon situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: TRACT I: BEGINNING at a point on the North building line of South Pitt Street, a distance of 132.20 feet South of the building line of Willow Street at the corner of property now or formerly of Harold L. Weigle, the said point of begiuning being in the center of the partition between the property herein conveyed and the property now or formerly of Charles R. Todd, et al; thence along the latter, South 83 degrees 47 minutes East, a distance of 1 I0 feet to the Western line of a 10 foot public alley; thence along the latter, South 6 degrees 13 minutes West, a distance of 16 feet to a point in the partition line of the lot hereby conveyed and the lot now or formerly of Joseph L. and Katherine D. Loury, it being the property known as No. 519 South Pitt Street; thence on a line running through the center of a partition wall dividing properties known as Nos. 517 and 519 South Pitt Street, a distance of 110 feet to the Eastern building line South Pitt Street; thence along the latter, North 6 degrees 13 minutes East, a distance of 16 feet to the Place of BEGINNING. HAVING thereon erected a frame dwelling house known and numbered as 517 South Pitt Street, Carlisle, PA 17013. TRACT 2: BEGINNING at a point on the Eastern side of the 10 foot alley above mentioned, at a point 143.83 feet South of the South building line of Willow Street, at the corner of lot now or formerly of Charles R. Todd, et al; thence South 83 degrees 47 minutes East, a distance of 70 feet to the line now or formerly of Meals Estate; thence along the same, South 6 degrees 13 minutes West, a distance of 15 feet to a point in said line; thence in a line parallel with the first mentioned line 70 feet to a point on the East side of said 10 foot alley; (the distance set forth herein of 70 feet was inadvertently omitted from the prior Deed recorded in Deed Book N, Volume 36, Page 105, but for the correct distance see Deed Book Y, Volume 19, Page 683); thence along the same, North 6 degrees 13 minutes East, a distance of 15 feet to the Place of BEGINNING. The same being a rectangular Lot 70 feet in depth and an even width of 15 feet, the Lot herein described being located across said alley from the first described property and almost rear of the same. PARCEL NO. 04-22-0483-074 BEING the same premises which Colleen L. Haws, single woman, by deed dated 01/28/00 and recorded on 01/31/00 in the Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 215, page 603, granted and conveyed unto Christopher M. Bucher and Hilda F. Baker, single person. RLAL SALE No. ,-,3 ~ Pdl~. On September 18, 2001, the sherifflevied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, known and numbered as 517 South Pitt St., Carlisle, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 18, 2001 By: R~eeatl Estate Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : . COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz; October 12, 19, 26, 2001 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. ~ K~TAT~ ~ NO. 50 Writ No. 2001-2247 Civil National City Mortgage Co., assignee of First United Mortgage Services, Inc. VS. Christopher M. Bucher and Hllda F. Baker Atty.: Louis p. Vlth LEGAL DESCRIPTION ALL those two certain tracts of land and the Improvements thereon situate in the Third Ward of the Borough of Carlisle, Cumberland County. Permsylvania, bounded and described as follows: SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER, 2001 N ~ Sl4YO~-R, No~y LO~S E. ~ ..... .~ ,.,,..,~n~,, THE PATRIOT NEWS THESUNDAY P TRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clerk being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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 cimulation, 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/ Metro editions which appeared on the 23rd and 30th day(s) of October and the 6th day(s) of November 2001. 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)fl Miscellaneous Book "M", Volume 14, Page 317. ~ ..~.... PUBLICATION .................................................................................... COPY S A L E #5O 13~,~g lira of ~ Pitt $~ a diSta~:e of swo}n to and sub~l~;~fore me.~"~l 9th day o~l~ove, p~?r 2001 A.D. I~lem'oer, Pennsylvar~a ~x:ialion ol ~ota~ies NOTARY PUBLIC My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 373,5O $ 1,50 $ 375.OO Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid.