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HomeMy WebLinkAbout05-6327 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRNE JACKSONVILLE, FL 32258-4455 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM v. NO. t)(If)!;;-- C,;;.;)j C:.ll CUMBERLAND COUNTY GARY E. BUCHER RUTH E. BUCHER NKJA RUTH E. NISSEL 113 2ND STREET BOILING SPRINGS, P A 17007 Defendants CIVIL ACTION - LAW 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 127 506 . File #: 127506 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: 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. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. .. 1. Plaintiff is ABN AMRO MORTGAGE GROUP, INe. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 2. The name(s) and last known addressees) of the Defendant(s) are: GARY E. BUCHER RUTH E. BUCHER NKJ A RUNT E. NISSEL 113 2ND STREET BOILING SPRINGS, PA 17007 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/25/2004 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. 1871, Page: 3528. 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 08/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 127506 .. 6. The following amounts are due on the mortgage: Principal Balance Interest 0710112005 through 12/09/2005 (Per Diem $17.69) Attomey's Fees Cumulative Late Charges 06/25/2004 to 12/09/2005 Cost of Suit and Title Search Subtotal $103,284.94 2,865.78 1,225.00 78.94 $ 550.00 $ 108,004.66 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $ 108,004.66 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date( s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 108,004.66, together with interest from 1210912005 at the rate of$17.69 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. PHELAN HALLINAN & SCHMIEG, LLP 7~ ~ Jde.-:-- By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attomeys for Plaintiff File #: 127506 . LEGAL DESCRIPTION ALL that certain lot, piece or parcel of ground situate, lying and being in the Village of Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania, having erected thereon a two-story frame dwelling and frame garage, more fully bounded and described as follows: ON the North by an Alley; on the East by lot now or formerly of Katie Ranck; on the South by Second Street; and on the West by lot now or formerly of George W. Roush. Containing in front on said Second Street forty (40) feet and extending in depth one hundred fifty-two (152) feet, more or less. Being known and numbered as 113 Second Street, Boiling Springs, Pennsylvania. BEING the same premises, the title to which became vested in Gary E. Bucher and Ruth E. Nissel by Deed of Gayle K. Douglas dated October 26,1991 and recorded in Cumberland County Record Book J-35, page 511. PROPERTY BEING: 113 2NO STREET File #: 127506 VF,RIF1CATION Katrina Dupuy hereby states that helshe is LOAN ADMINISTRATION OFFICER of ABN AMRO MORTGAGE GROUP, INC. mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hislher knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: I*~ ~, "~ r:::, \.ry ~ "'- V'\ " V'\ -' C ....j -C ~ -;:-;. 0() c-...,.". 0\ -.\ V~ C' "-.) ~. .- ~ ~ , \ ;\ ,"'-' ,-' i"'} " , \,"'- '~., . ------- ~, SHERIFF'S RETURN - REGULAR \. CASE NO: 2005-06327 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS BUCHER GARY E ET AL ROBERT BITNER Sheriff or Deputy ~;heriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BUCHER GARY E the DEFENDANT , at 1405:00 HOURS, on the 16th day of December, 2005 at 113 2ND STREET BOILING SPRINGS, PA 17007 by handing to RUTH BUCHER, ADULT IN CHARGE FOR GARY E. BUCHER a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Aff idavi t Surcharge 18.00 4.80 .00 10.00 .00 32.80 So Answers: r~~~-c4 R. Thomas Kline 12/19/2005 PHELAN HALLINAN AND SCHMIEG me this .,l~'~ day of Bw,) ~ <<. , / :f ) ~I'/ '}u r~v\ I ~ Deputy S erffi Sworn and Subscribed to before ~~~( A.D. L~ '., /' Pro ta ,. -. SHERIFF'S RETURN - REGULAR CASE NO: 2005-06327 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS BUCHER GARY E ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BUCHER RUTH E AKA RUTH E NISSEL the DEFENDANT , at 1405:00 HOURS, on the 16th day of December, 2005 at 113 2ND STREET BOILING SPRINGS, PA 17007 by handinc] to RUTH BUCHER a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r~ .-t:~~~ R. Thomas Kline 12/19/2005 PHELAN HALLINAN & SCHMIEG "" me this ),~- day of .flY: ,) +.,'----:) -d 1 'f~L(~ \ )"JUA Deputy Sheriff Sworn and Subscribed to before ~~ A.D. /~ ' YP~oth, if PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215\ 563-7000 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-6327 GARY E. BUCHER RUTH E. BUCHER AlKlA RUTH E. NISSEL Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against GARY E. BUCHER and RUTH E. BUCHER A/K/A RUTH E. NISSEL, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 12/10/05 to 1/25/06 TOTAL $108,004.66 $831.43 $108,836.09 I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DAMAGES ARE HEREBY ASSESSED AS INDICATED. If! a/}~ PR PROTHY DANIEL . SC G, ESQUIRE Attorney for Plaint ff I \ 2~ " ~-- DAT&.. )~~ :J..?( ~DDb PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq" Id, No, 32227 Francis S. Hallinan, Esq.. Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia,PA 19103 (215) 51il.7000 ATTORNEY FOR PLAINTIFF ABN AMRO MORTGAGE GROUP, INe. Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs, : CUMBERLAND COUNTY GARY E. BUCHER RUTH E. BUCHER A/KJA RUTH E. NISSEL Defendants : NO, 05.6327 TO: GARY E. BUCHER II3 2ND STlmET BOILING SPRINGS, PA 17007 FILE COpy DATE OF NOTICE: JANIIARY 6, 2/1/16 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. nns NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.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 AS ENFORCEMENT OF 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 DAYS fROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORM A TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCIS S. HALLINAN. ESQUIRE Attomcys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLp By: Lawrence T. Phelan, Esq., Id, No, 32227 Francis S. Hallinan, Esq" Id. No, 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia.PA 19103 (?1 'i) 'ih1-7000 ATTORNEY FOR PLAINTIFF ABN AMRa MORTGAGE GROUP, INe. Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs, : CUMBERLAND COUNTY GARY E. BUCHER RUTH E. BUCHER AlKJA RUTH E. NISSEL Defendants : NO. 05-6327 TO: RUTH E. BUCHER A1K1A RUTH E. NISSEL 113 2ND STREET BOILING SPRINGS, PA 17007 F\LE CV?Y DATE OF NOnCE: JANIIARY 6 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.lF 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 AS ENFORCEMENT OF LIEN AGAINST PROPERTY, IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN AI'l'EARANCE 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 DAYS fROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS, YOU SHOULD TAKE THIS PAPER TO YOUR I.A WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MA Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY lAWYER REfERRAL SERVICE CUMBERLAND COUNTY BAR ASSOClA TION 32 SOUTH BEDFORD STREET CARLISLE, PAl 70 I 3 (800)990-9108 FRANCIS S, HALLINAN, fSQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-6327 GARY E. BUCHER RUTH E. BUCHER AIK/A RUTH E. NISSEL Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant GARY E. BUCHER is over 18 years of age and resides at, 113 2ND STREET, BOILING SPRINGS, PA 17007. (c) that defendant RUTH E. BUCHER AlKlA RUTH E. NISSEL is over 18 years of age, and resides at, 113 2ND STREET, BOILING SPRINGS, PA 17007. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. // ~ ~--~-" -. ~-- '-~- C: ~ r ? 2J ;;:::) \t- -- ...::) w .c:. ..r:::: (y ~ D ~ --t: ~ ~ -lq ....('I 0. G -:cJ pc F Cl ~-~ ..... ~.. ~)L rrll" , .....,.. .' Ze If')" I:'~ '}>. >'(~ ~ -< ,..., c:::\ c,~ (.;.;'~ o -n ~.,., fl'F -TJ rn :;-,10 (~() .,--" -...., t)'~ ~_~fn ~.~'I ~;J -< <- "" :% N -' .." .-'"'.. !);' W W . . (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-6327 GARY E. BUCHER RUTH E. BUCHER AIK/A RUTH E. NISSEL Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on Jd.l ;).11 200h. If you have any questions concerning this matter, please contact: ~-~...~~._- ""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 CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."" PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 ABN AMRO MORTGAGE GROUP, INC. Plaintiff, v. No. 05-6327 GARY E. BUCHER RUTH E. BUCHER NK/A RUTH E. NISSEL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $108,836.09 Interest from 1/25/06 to JUNE 7, 2006 (per diem -$17.89) $2,379.3 7 and Costs TOTAL $111,215.46 ) ) n, , . \c"c "'"~, " , Xj \Y\AUJ -BANmb . S HMIE , SQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ~ \>0<.... o~ ~... ~~ ~<J). zZ o~ ~~ 0'" UZ ~g U ~~ g~ ~~ ~~ ~? U ___:r u~) &~ L"J -~::.':). :._~J " tJ_ C-::J u ~ ~ ? ~ r,;, t5 4. r,;, ~ o '$ ~ ~ ; ;, .. ~ ~ Z ~ ~~ ~~ U~ ~~ I-'~ ;~ r,;,U ~ ~ ~ ... ~ 5 .... ... ? U ~'Q;" ~s I-' '" \>0<0 o"s ~~ ~~ <C ~~ go 1-'6- ~ U 1 JA~ - - ~ crP)- ~:: ~ ~ ~ - (LC(\ !'\ (J ~ (j I~ <J (J c lil. o c., () v" . co ui,,~\Jlo-' _1"'<)-\.0 ""i:.n- ~ G 0., a r<) ~ r-r- og Or- ~.... ~~ ~~ ~~ z~ ~ei r,;, ~ ....:=. 00 ~~ ,.;~ ~~ ~~ ~~ ~'!< ",,,, ....,.... ,....,.... ~ . 0) 7, .ld ~_ ,-< "d ~. U 4. ~~' J-j ,() ~ G lo -. 't:? 'tn- ~ b '" 0) .D ~ 8 '" IS go p. l - 1 \1, 1\ -f: 'cl. r Q.,. l.J) ~ a ~ Vl ~ .:::t' 1L <J , '-- ) ~ ::r- ( ~ t- - ~ - -- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-6327 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt. interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From GARY E. BUCHER, RUTHE E. BUCHER A/K/A RUTH E. NISSEL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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 property 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 stated. Amount Due $108,836.09 L.L. $.50 Interest FROM 1/25/06 TO 6/7/06 (PER DIEM - $17.89) - $2,379.37 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $130.80 Plaintiff Paid Date: FEBRUARY 15, 2006 Other Costs CURTIS R. LONG (Seal) Prothonotary ~ ---.By: ~ '0..--. r _ t? tYl/1J J ~I Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 DESCRIPTION ALL that certain lot, piece or parcel of ground situate, lying and being in the Village of Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania, having erected thereon a two-story frame dwelling and frame garage, more fully bounded and described as follows: ON the North by an Alley; on the East by lot now or formerly of Katie Ranck; on the South by Second Street; and on the West by lot now or formerly of George W. Roush. Containing in front on said Second Street forty (40) feet and extending in depth one hundred fifty-two (152) feet, more or less. Being known and numbered as 113 Second Street, Boiling Springs, Pennsylvania. BEING the same premises, the title to which became vested in Gary E. Bucher and Ruth E. Nissel by Deed of Gayle K. Douglas dated October 26, 1991 and recorded in Cumberland County Record Book J-35, page 511. Being Parcel # 40-29-2482-153 TITLE TO SAID PREMISES IS VESTED IN Gary E. Bucher and Ruth E. Bucher, husband and wife, by Deed from Gary E. Bucher and Ruth E. Nissel , now known as, Ruth E. Bucher, dated 6-25-04, recorded 6-30-04 in Deed Book 263, page 4265. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Gary E. Bucher and Ruth E. Nissel, by Deed from Gayle K. Douglas, dated 10-26-91, recorded 11-4-91 in Deed Book J-35, page 511. Premises: 113 2nd Street, Boiling Springs, P A 17007 PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF ABN AMRO MORTGAGE GROUP, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION GARY E. BUCHER RUTH E. BUCHER AfKJA RUTH E. NISSEL NO. 05-6327 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, 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: o an FHA mortgage () non-owner occupied () vacant (X) 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. ---"" \ ,--\ -;-. ,.., ." ,~ . r'..J ABN AMRO MORTGAGE GROUP, INC. ~ CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS GARY E. BUCHER RUTH E. BUCHER A/K/A RUTH E. NISSEL CIVIL DIVISION NO. 05-6327 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,113 2ND STREET. BOILING SPRINGS, PA 17007. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GARY E. BUCHER 113 2ND STREET BOILING SPRINGS, PA 17007 RUTH E. BUCHER AlKJA RUTH E. NISSEL 113 2ND STREET BOILING SPRINGS, PA 17007 2. Name and address ofDefendant(s) in thejudgmeDt: Same as 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None .' 4. Name and address of last recorded holder of every mortgage of record: \ Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 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 indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 113 2ND STREET BOILING SPRINGS, PA 17007 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. .c:"::::-- February 8, 2006 DATE \c'-.\"'~ ". ....0 G. SCH Attorney for Plaintiff , ~ V~\~~\ ' ESQUIRE (j c:; ," ~'.,."' -r-; iT; C::J en ,",- (,:1 - I ABN AMRO MORTGAGE GROUP, INe. Plaintiff, CUMBERLAND COUNTY v. No. 05-6327 GARY E. BUCHER RllTH E. BUCHER A/K/A RUTH E. NISSEL Defendant(s). February 8, 2006 TO: GARY E. BUCHER 113 2ND STREET BOILING SPRINGS, PA 17007 RUTH E. BUCHER A/KJA RUTH E. NISSEL 113 2ND STREET BOILING SPRINGS, P A 17007 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTiNG TO COLLECT A DEBT AND ANY INFORMATiON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE 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 AGAlNST PROPERTY" Your house (real estate) at ,113 2ND STREET, BOILING SPRINGS. PA 17007, is scheduled to be sold at the Sheriffs Sale on JUNE 7. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$108,836.09 obtained by ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may can: (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. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. ]. If the Sheriffs Sale is not stopped, your property win be sold to the highest bidder. You may find out the price bid by caning (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 win go through only if the buyer pays the Sheriff the fun amount due in the sale. To find out if this has happened, you may can (717) 240-6390. 4. Ifthc amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthc 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This 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 distribution is filed. 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 "",-o,."l,->< '."..,,;,.,...,',., "":'>0.", ,...",....,.:;.,;.< ,j;;\::';,'i;~.~~,f;t\l4' ''''''r*~~;'~'' ':~,~:.< DESCRIPTION ALL that certain lot, piece or parcel of ground situate, lying and bcing in the Village of Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania, having erected thereon a two-story frame dwelling and frame garage, more fully bounded and described as follows: ON the North by an Aney; on the East by lot now or formerly of Katie Ranck; on the South by Second Street; and on the West by lot now or formerly of George W. Roush. Containing in front on said Second Street forty (40) feet and extending in depth one hundred fifty-two (152) feet, more or less. Being known and numbered as 113 Second Street, Boiling Springs, Pennsylvania. BEING the same premises, the title to which became vested in Gary E. Bucher and Ruth E. Nissel by Deed of Gayle K. Douglas dated October 26, 1991 and recorded in Cumberland County Record Book J-35, page 511. Being Parcel # 40-29-2482-153 TITLE TO SAID PREMISES IS VESTED IN Gary E. Bucher and Ruth E. Bucher, husband and wife, by Deed from Gary E. Bucher and Ruth E. Nissel , now known as, Ruth E. Bucher, dated 6-25-04, recorded 6-30-04 in Deed Book 263, page 4265. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Gary E. Bucher and Ruth E. Nissel, by Deed from Gayle K. Douglas, dated 10-26-91, recorded 11-4-91 in Deed Book J-35, page 511. Premises: 113 2nd Street, Boiling Springs, P A 17007 ,.:'1 ~, \-;\ C',) +.-:\ .--;;-, .-,,' ~",',; (,"-" ;~: l\.l.1:S1l lor a..A ~/LIILVVO L;~~ t"'l'\\.U:. VVJ..I VVJ.. r Q.^ ,:n:u veL PHELAN HALLINAN AND SCHMIEG, LLP. Qne Penn Center at Suburban Station 1617 John F. Kennedy Sui te 1400 Philadelphia, PA 19103-1814 215-563.7000 Main Fax 2~-563-5534 JOSEPH GARDELLlS Legal Alliltant, ED. 1218 ReprClleutiD& LeDden in P......"Jvuda lUId New J...IC)' February 27, 2006 Office of the Sheriff Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ATTENTION: JODY FAX: 717.240.6397 Re: ABN AMRO MORTGAGE GROUP, INC. v. GARYB. BUCHER RUTHE. BUCHER AlKJARUTH B. NIssa No. 05.6327 Premises: 113 2ND STREET. BOILING SPRINGS, PA 17007 Dear Jody: Please STAY the Sheriffs Sale of the above referenced property, which is scheduled fur JUNE 7, 2006, No funds were received in considellltion fur the stay. PlllIISe mum the original writ of execution to the Prothomtary as soon as possible. Very truly yours, JOSEPH GARDELLIS / **Original Writ returned to the Prothonotary's Office on 3/03/2006 **Copy of writ and $1,500,00 check returned to Attorney Sclnni.eg's office on 3/03/2006 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-6327 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From GARY E. BUCHER, RUTHE E. BUCHER A1KJ A RUTH E. NISSEL (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property ofthe defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 himlher that helshe has been added as a garnishee and is enj oined as above stated. Amount Due $108,836.09 L.L. $.50 Interest FROM 1/25/06 TO 6/7/06 (PER DIEM - $17.89) - $2,379.37 AND COSTS Atty's Comrn % Due Prothy $1.00 Atty Paid $130.80 Other Costs Plaintiff Paid Date: FEBRUARY 15, 2006 CURTIS R. LONG (Seal) Prothoz: ~y: fM.() _9 7to .I7~1..,~1 Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PIDLADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ZS :b "if hZ Ul ~OOl \Id ''uNliUJ J!i'i I<L18WI1:J .:I.:IIll3HS 3Hl .:10 3:JWO WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6327 Civil CIVIL ACTION - LAW TO THE SHERlFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From GARY E. BUCHER, RUTHE E. BUCHER A!KI A RUTH E. NISSEL (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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) Ifproperty 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 stated. Amount Due $108,836.09 L.L. $.50 Interest FROM 1/25/06 TO 6/7/06 (PER DIEM - $17.89) - $2,379.37 AND COSTS Atty's Comm % Due Prothy $1.00 Ally Paid $130.80 Other Costs Plaintiffpaid Date: FEBRUARY 15, 2006 CURTIS R. LONG (Seal) Prothono~ ~ '--Bv: .A"~ a-.. 0 ~ P , rue~.r JJ /-- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQillRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 TRUE COpy FfiOM PECORD .., 7"":,;'""",,,,. 'd.i,[_~1 ,'r,;", -,'. ',,:<1 f':\I....";. '" 'i.._~~.,1 ~, ..'~-,; -.., - ,'. ~ '" ~ ;b~:~ ZS:b 'r;t I1Z 93:1 qUUl 'lid 'AHiliOJ CiNV lJ3tlWl1J .:l:l1~3HS 3Hl .:JO 381.:l.:l0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6327 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From GARY E. BUCHER, RUTHE E. BUCHER A1K1 A RUTH E. NISSEL (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $108,836.09 L.L. $.50 Interest FROM 1/25/06 TO 6/7/06 (pER DIEM - $17.89) - $2,379.37 AND COSTS Atty's Comm % Due Prothy $1.00 Arty Paid $130.80 Other Costs Plaintiff Paid Date: FEBRUARY 15, 2006 CURTIS R. LONG (Seal) ProthO~ ~ <--J!y: a... c. Q. ~./ld/l'~ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 62205 '7"'" 1'""-:''''1, O~"""""1'r-:~", "1'v~ ~f""'L:""'\t.jV f....~..~~ '::',"" (,:-::>~.-"".J ~ ":k- ~ . ",V'-"';. '(,." ,,",,"'J '. . " I I .."... '.'." , ",lit II,. fl<. '; ~ ~ <",1""..'11:, ':.. " ~,,', h .. ." ..,. ..... ~..,;.~;:,;;~' . ~~bl~~ ZS:b 'if I1Z 93~ qUUl \ld ',1..11'1110;; UNV1(j3awn~ .:I.:IIH3HS 3Hl .:103313.:10 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6327 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From GARY E. BUCHER, RUTHE E. BUCHER A!KI A RUTH E. NISSEL (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property ofthe defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $108,836.09 L.L. $.50 Interest FROM 1/25/06 TO 6/7/06 (PER DIEM - $17,89) - $2,379.37 AND COSTS Ally's Comm % Due Prothy $1.00 Ally Paid $130.80 Other Costs Plaintiff Paid Date: FEBRUARY 15, 2006 (Seal) CURTIS R. LONG Prothonotary ~ '-..J3y: ~ (1'7-" j:J. ",# h- V-- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 T~' H'". "'("',.nv := : "'!dl r:~r',"'l",,", , .I..,~..,... 't,,:'-......:: " ,j ~~.jlirvt ~ "......~,;r...... In L;~.~;':,;"..:~'lj' <>".; '- ~1S<~~f.~(f ~~ ZS =b 'V III 911 QOOl 'Vd '"HHlOJ 0I1Vio381-lfl::l '.:I.:IR13HS 3Hl .:103::11.:1.:10 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6327 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (5) From GARY E. BUCHER, RUTHE E. BUCHER AfK/A RUTH E. NISSEL (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property 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 himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $108,836.09 L.L. $.50 Interest FROM 1/25/06 TO 617/06 (pER DIEM - $17.89) - $2,379.37 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $130.80 Other Costs PlaintifrPaid Date: FEBRUARY 15, 2006 (Seal) CURTIS R. LONG prothon~ SJ ~ ~y: ~ Letu Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 T~ln, \i'" '" " "",'.["'''V '1""''i--''''''''''~~'~',!i'''' I}'",':"..,,~,~,.... "',.,.J . ",lid ,-:~~;~:;~,~ 'i.:,~~~,:~M.Y lS :b 'V I"tl 93~ qOOZ Vd 'AUHlUJ OIUI~38\olnJ .:H1lJ3HS 3Hl 30331.:1.:10 WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6327 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From GARY E. BUCHER, RUTHE E. BUCHER AlKlA RUTH E. NISSEL (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $108,836.09 L.L. $.50 Interest FROM 1/25/06 TO 6/7/06 (PER DIEM - $17.89) - $2,379.37 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $130.80 Other Costs Plaintiff Paid Date: FEBRUARY 15, 2006 (Seal) CURTIS R. LONG Protho:d; <...J.lv: f2..-?,.J /} P 71;!~/<!V- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 62205 TI'*'~ 'e f";'";,'~",i , U'1.1,,:'j,"c,'., -'0""'.1.,' 'J y~' In '{~~:"!-';"'.'i ~~ ~~hj ~~.o;' ~':; .1'''' ...-c. "',,", " '.:J} '-";,1.-1 , ~+'\f'~ I '-' ",'~r''';~lI!~J ZS zb "1 IlZ 9lJ QOOl 'tJd 'AlkIlOJ OtNil.:l.:JBWnO .:l.mJ3HS 3Hl 30 3JI.:l.:lO WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6327 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From GARY E. BUCHER, RUTHE E. BUCHER A1KJ A RUTH E. NISSEL (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $108,836.09 L.L. $.50 Interest FROM 1/25/06 TO 6/7/06 (PER DIEM - $17.89) - $2,379.37 AND COSTS Ally's Conun % Due Prothy $1.00 Ally Paid $130.80 Other Costs Plaintiff Paid Date: FEBRUARY 15, 2006 CURTIS R. LONG (Seal) proth~ry ~ <..J3y: 'a.-... n - Y .a"f~ / Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court lD No. 62205 "'~, "'" ': . .' "'I !,"~' ".' .,"lo.'7"'~f"\ ,.,r "'1..'~,B .:~ " ,'..... "~"f(iJ '- :~~~~~:': i, P;:"!":"""'~:'I~ ZS :b "it III 933 qUill '1d ')"li'H10J GNv i(J3f:1Wfl::J .:I.:llld3HS 3Hl .:I0331.:1.:l0 WRIT OF EXECUTION andIor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6327 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From GARY E. BUCHER, RUTHE E. BUCHER AIKI A RUTH E. NISSEL (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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) Ifproperty 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 hirn/her that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $108,836.09 L.L. $.50 Interest FROM 1/25/06 TO 6/7/06 (pER DIEM - $17.89) - $2,379.37 AND COSTS Arty's Comm % Due Prothy $1.00 Arty Paid $130.80 Other Costs Plaintiff Paid Date: FEBRUARY 15, 2006 (Seal) CURTIS R. LONG Prothono~ () ~(//'"JIe> ~ c::.. Deputy ~~ REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PIDLADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 '1"l""'-""O " :.VV" ,,,' pv.,. I. . ." .. .., . !i" r-; .\ i,~'iiUit,"',>"_:",,, ., ' '" . 4~., -I "'4".~.:,',~ ""',..., i' " ., .,.II"i/l lFo..'(,-, ~...'Nl 4;"?-:,~ . ..... ',~ .<!"f ''''''~ " . .~'~') :. ." i--" ), """:"".r>'~ ; " . ;:' '''''I<:! ZS :b V I1G 933 qOOl \1d 'A1HflUO U1W-p:!J8wn:J .:l.:l1l:l3HS 3Hl .:10 3:J1.:l.:!0 f ABN AMRO MORTGAGE GROUP, INC. . CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS GARY E. BUCHER RUTH E. BUCHER AfKJA RUTH E. NISSEL CIVIL DIVISION NO. 05-6327 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) ABN AMRO MORTGAGE GROUP, INC.. Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,113 2ND STREET, BOILING SPRINGS, PA 17007 . 1. Name and address of Owner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GARY E. BUCHER 113 2ND STREET BOILING SPRINGS, PA 17007 RUTH E. BUCHER A/KJA RUTH E. NISSEL 113 2ND STREET BOILING SPRINGS, PA 17007 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ~~"'-~1~.,~j.,.'tJr;'~1!';~J,,1.,"'~'~,'1~,',/~::':,',~~"~\'i "',~~,"'~i'1'f,~,~>',,,,>,. 'c""' ':~:';:'\;k:~)'.~~f,~~~~~t:~:::::r:~~~~~~$;'~Wr~IJI,I3~e 11'~1I, I'l'r ~,iie~'":,~ ,0 ,IT ,. i . 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 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 indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 113 2ND STREET BOILING SPRINGS, PA 17007 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare ,PO Box 2675 Harrisburg, PA 17105 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. =- February 8. 2006 DATE c... G.SC Attorney for Plaint ff PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STAnON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPIllA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF ABN AMRO MORTGAGE GROUP, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION GARY E. BUCHER RUTH E. BUCHER A/K/A RUTH E. NISSEL NO. 05-6327 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) 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. ~ I ~ ABN AMRO MORTGAGE GROUP, INC. Plaintiff, CUMBERLAND COUNTY v. No. 05-6327 GARY E. BUCHER RUTH E. BUCHER AfKJA RUTH E. NISSEL Defendant(s). February 8, 2006 TO: GARY E. BUCHER 113 2ND STREET BOILING SPRINGS, PA 17007 RUTH E. BUCHER AlKJA RUTH E. NISSEL 113 2ND STREET BOILING SPRINGS, PA 17007 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE 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. *. Your house (real estate) at ,113 2ND STREET, BOILING SPRINGS, PA 17007, is scheduled to be sold at the Sheriffs Sale on JUNE 7, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $1 08,836.09 obtained by ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ( You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriff the full amount due in the sale. To find out ifthis 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This 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 distribution is filed. 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 .r ~ , DESCRIPTION ALL that certain lot, piece or parcel of ground situate, lying and being in the Village of Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania, having erected thereon a two-story frame dwelling and frame garage, more fully bounded and described as follows: ON the North by an Aney; on the East by lot now or formerly of Katie Ranck; on the South by Second Street; and on the West by lot now or formerly of George W. Roush. Containing in front on said Second Street forty (40) feet and extending in depth one hundred fifty-two (152) feet, more or less. Being known and numbered as 113 Second Street, Boiling Springs, Pennsylvania. BEING the same premises, the title to which became vested in Gary E. Bucher and Ruth E. Nissel by Deed of Gayle K. Douglas dated October 26, 1991 and recorded in Cumberland County Record Book J-35, page 511. Being Parcel # 40-29-2482-153 TITLE TO SAID PREMISES IS VESTED IN Gary E. Bucher and Ruth E. Bucher, husband and wife, by Deed from Gary E. Bucher and Ruth E. Nissel , now known as, Ruth E. Bucher, dated 6-25-04, recorded 6-30-04 in Deed Book 263, page 4265. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Gary E. Bucher and Ruth E. Nissel, by Deed from Gayle K. Douglas, dated 10-26-91, recorded 11-4-91 in Deed BookJ-35, page 511. . Premises: 113 2nd Street, Boiling Springs, P A 17007 r , ABN AMRO MORTGAGE GROUP, INC. Plaintiff, CUMBERLAND COUNTY v. No. 05-6327 GARY E. BUCHER RUTH E. BUCHER AfKJA RUTH E. NISSEL Defendant(s). February 8, 2006 TO: GARY E. BUCHER 113 2ND STREET BOILING SPRINGS, PA 17007 RUTH E. BUCHER A/KJA RUTH E. NISSEL 113 2ND STREET BOILING SPRINGS, PA 17007 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTiNG TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE 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." Your house (real estate) at ,113 2ND STREET, BOILING SPRINGS, PA 17007, is scheduled to be sold at the Sheriff's Sale on JUNE 7, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $1 08,836.09 obtained by ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. 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 fmd 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. .' , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe 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. lfthe amount due from the Buyer is not paid to the Sheriff, you win 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This 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 distribution is filed. 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a reoresentative of the olaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 99()..9108 , DESCRIPTION ALL that certain lot, piece or parcel of ground situate, lying and being in the Village of Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania, having erected thereon a two-story frame dwelling and frame garage, more fully bounded and described as follows: ON the North by an Alley; on the East by lot now or formerly of Katie Ranck; on the South by Second Street; and on the West by lot now or formerly of George W. Roush. Containing in front on said Second Street forty (40) feet and extending in depth one hundred fifty-two (152) feet, more or less. Being known and numbered as 113 Second Street, Boiling Springs, Pennsylvania. BEING the same premises, the title to which became vested in Gary E. Bucher and Ruth E. Nissel by Deed of Gayle K. Douglas dated October 26, 1991 and recorded in Cumberland County Record Book J-35, page 511. Being Parcel # 40-29-2482-153 TITLE TO SAID PREMISES IS VESTED IN Gary E. Bucher and Ruth E. Bucher, husband and wife, by Deed from Gary E. Bucher and Ruth E. Nissel , now known as, Ruth E. Bucher, dated 6-25-04, recorded 6-30-04 in Deed Book 263, page 4265. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Gary E. Bucher and Ruth E. Nissei, by Deed from Gayle K. Douglas, dated 10-26-91, recorded 11-4-91 in Deed Book J-35, page 511. Premises: 113 2nd Street, Boiling Springs, P A 17007 ~e"'", .~.. ""~~,._,.......,.,..=" _"t "",,,..,"9,.., ".... . ,.,..".~' ,. ....c.,.. " ~.,' 1"'..,>'. ," ~"- ", "" ., ,'," -\,.."., \";1 ABN AMRO MORTGAGE GROUP, INC. Plaintiff, CUMBERLAND COUNTY v. No. 05-6327 ~ GARY E. BUCHER RUTH E. BUCHER AfKJA RUTH E. NISSEL Defendant(s). February 8, 2006 TO: GARY E. BUCHER 113 2ND STREET BOILING SPRINGS, PA 17007 RUTH E. BUCHER AlKJA RUTH E. NISSEL 113 2ND STREET BOILING SPRINGS, PA 17007 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE 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." Your house (real estate) at, 113 2ND STREET, BOILING SPRINGS, PA 17007, is scheduled to be sold at the Sheriffs Sale on JUNE 7. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $108.836.09 obtained by ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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. _H',""""'~"'.' . .-. .....'", . ,,-, " ~"."'.,' """~""~,' ,.,.\.,~,-:,"."",!> ,,~ . You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. lfthe Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as ifthe 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This 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 distribution is filed. 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 mE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 --"""",.,4.",,,~,,,",,,"~' ..,.... ""... -,-,--..'-',..,' " ',' .. '. .. .. ..""",..,.."". ,.T.', ." '.J~-' ~^"i'" .. "'J,.'~~",-r,' -',', ,""".~' .. DESCRIPTION ALL that certain lot, piece or parcel of ground situate, lying and being in the Village of Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania, having erected thereon a two-story frame dwelling and frame garage, more fully bounded and described as follows: ON the North by an Alley; on the East by lot now or formerly of Katie Ranck; on the South by Second Street; and on the West by lot now or formerly of George W. Roush. Containing in front on said Second Street forty (40) feet and extending in depth one hundred fifty-two (152) feet, more or less. Being known and numbered as 113 Second Street, Boiling Springs, Pennsylvania. BEING the same premises, the title to which became vested in Gary E. Bucher and Ruth E. Nissel by Deed of Gayle K. Douglas dated October 26, 1991 and recorded in Cumberland County Record Book J-35, page 511. Being Parcel # 40-29-2482-153 TITLE TO SAID PREMISES IS VESTED IN Gary E. Bucher and Ruth E. Bucher, husband and wife, by Deed from Gary E. Bucher and Ruth E. Nissel , now known as, Ruth E. Bucher, dated 6-25-04, recorded 6-30-04 in Deed Book 263, page 4265. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Gary E. Bucher and Ruth E. Nissel, by Deed from Gayle K. Douglas, dated 10-26-91, recorded 11-4-91 in Deed Book J-35, page 511. . Premises: 113 2nd Street, Boiling Springs, P A 17007 DESCRIPTlON ALL that certain lot, piece or parcel of ground situate, lying and being in the Village of Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania, having erected thereon a two-story frame dwelling and frame garage, more fully bounded and described as follows: ON the North by an Alley; on the East by lot now or formerly of Katie Ranck; on the South by Second Street; and on the Westby lot now or formerly of George W. Roush. Containing in front on said Second Street forty (40) feet and extending in depth one hundred fifty-two (152) feet, more or less. Being known and numbered as 113 Second Street, Boiling Springs, Pennsylvania, BEING the same premises, the title to which becaIIle Vested in Gary E. Bucher and Ruth E. Nissel by Deed of Gayle K. Douglas dated October 26, 1991 and recorded in Cumberland County Record Book ]-35, page 511. Being Parcel # 40-29-2482-153 . - - - - \ - - '.', ", . TITLE TO SAID rREMISES IS ~TED IN Gary~'~J1~her~~Ruth E. Bucher, husband and ~fe,by Deed from .<38& E.Bucher'iInd RUtb.~'N'tssel ,now known as, Ruth E. Bucher, dated 6-25-04, recorded 6-30-04 in.Deed Book 263, page 4265. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Gary E. Bucher and Ruth E. Nissel, by Deed from Gayle K. Douglas, dated 10-26-91, recorded 11-4-91 in Deed Book ]-35, page 511. Premises: 113 2nd Street, Boiling Springs, P A 17007 DESCRIPTION ALL that certain lot, piece or parcel of ground situate, lying and being in the Village of Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania, having erected thereon a two-story frame dwelling and frame garage, more fully bounded and described as follows: ON the North by an Alley; on the East by lot now or formerly of Katie Ranck; on the South by Second Street; and on the West by lot now or formerly of George W. Roush. Containing in front on said Second Street forty (40) feet and extending in depth one hundred fifty-two (152) feet, more. or less. Being known and numbered as 113 Second Street, Boiling Springs, Pennsylvania BEING the same premises, .thetitle. to Which beCluIlc Ye8ted in 0aIy E. Bucher and Ruth E. Nissel by Deed of Gayle K. Douglas dated October 26,1991 and recorded in Cumberland County Record Book J-35, page 511. Being Pateel # 40-29-2482-153 TITLE TO SAIpfREMISBs ISV~!EDn;r ~~'~,,~~eJ:.1I~1Ruth E. Bucher, .. ...husband and Wlfe,by Deed from.<Jaty'E:Bucherilri.dR\lthl3.N~1 , now-known as, Ruth E. Bucher, dated 6-25-04, recorded 6-30-04 in.Deed Book 263, page 4265. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN <Jary E. Bucher and Ruth E. Nissel, by Deed from Gayle K. Douglas, dated 10-26-91, recorded 11-4-91 inDeed Book 1-35, page 511. Premises: 113 2nd Street, Boiling Springs, P A 17007 DESCRIPTION ALL that certain lot, piece or parcel of ground situate, lying and being in the Village of Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania, having erected thereon a two-story frame dwelling and frame garage, more fully bounded and described as follows: ON the North by an Alley; on the East by lot now or formerly of Katie Ranck; on the South by Second Street; and on the West by lot now or formerly of George W. Roush. Containing in front on said Second Street forty (40) feet and extending in depth one hundred fifty-two (152) feet, more or less. Being known and numbered as 113 Second Street, Boiling Springs, Pennsylvania. BEING the same premises,thetitIeto\Vhichbecllrtie.'vested in Clary E. Bucher and Ruth E. Nissel by Deed of Gayle K. Douglas dated October 26, 1991 and recofded in Cumberland County Record Book J-35, page 511. ,:,;;,,"'~:::<"0';:~-' ,-",',-;:,;\,'-:;",: BeingPatcel # 40-29-2482-153. .. .. .' . . 'TlTLETO SAID P~Es IS VES'I'ED ~ CTaryE.BlICh~lI1lliRI1fhE. Bucher, . hus~ and wife;'~yDeed fromqaryE.<BuCb.6r'8iid:R.i1tb...~.Nissel.nowknown as, Ruth E. Bucher, dattxI 6-25-04, recorded 6-30-04 in.Deed Book 263, page 4265. '''",:.:,(:,>:,.,< PRIOR DEED INFORMATION mLE TO SAID PREMISES IS VESTED IN Gary E. Bucher and Ruth E. Nisset, by Deed from Gayle K. Douglas, dated 10-26-91, recorded 11-4-91 inDeed BookJ-35, page 511. Premises: 113 2nd Street, Boiling Springs, P A 17007 DESCRIPTION ALL that certain lot, piece or parcel of ground situate, lying and being in the Village of Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania, having erected thereon a two-story frame dwelling and frame garage, more fully bounded and described as follows: ON the North by an Alley; on the East by lot now or formerly of Katie Ranck; on the South by Second Street; and on the West by lot now or formerly of George W. Roush. Containing in front on said Second Street forty (40) feet and extending in depth one hundred fifty-two (152) feet, more or less. Being known and numbered as 113 Second Street, Boiling Springs, Pennsylvania, BEING the~ePremises,thetitleto \Vhichbeclll:rie 'Y~ in Gary E. Bucher and Ruth E. Nissel by Deed of Gayle K. Douglas dated October 26, 1991lind recorded in Cumberland County Record Book J-35, page 511. Bemg Pa:ccel# 40-29-2482-153 '. . '.. . ........... . ;.'''; '.'''''.'''''/TfI'LE.TO. SAID ~~~ESIS VE~TED IN ~:B'I3I.1C~c:r~~.p.\lth E;' Bucher, ..;.'~..;:'....',L;;husl:!and and. Wi~e;~Y:PeedfrolIl.<.TatyE. BuChel"'andR~~N't#I: now-known as, Ruth E. Bucher, dated 6-25-04, recorded 6-30-04 iti.Deed Book 263, page 4265. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Gary E. Bucher and Ruth E. Nissel, by Deed from Gayle K.Douglas, dated 10-26-91, recorded 11-4-91 inDeed Book J-35, page 511. Premises: 113 2nd Street, Boiling Springs, P A 17007 DESCRIPTION ALL that certain lot, piece or parcel of ground situate, lying and being in the Village of Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania, having erected thereon a two-story frame dwelling and frame garage, more fully bounded and described as follows: ON the North by an Alley; on the East by lot now or formerly of Katie Ranck; on the South by Second Street; and on the West by lot now or formerly of George W. Roush. Containing in front on said Second Street forty (40) feet and extending in depth one hundred fifty-two (152) feet, more. or less. Being known and numbered as 113 Second Street, Boiling Springs, Pennsylvania. , BEIN(} thesllme premises,thetitleto\VhichbeeaIri~'yeS~ inGary E. Bucher and Ruth E. Nissel by Deed of Gayle K. Douglas dated Ociober26, 1991 and recorded in Cumberland County Record Book J-35, page 511. Being PlI(Cel # 40-29-2482-153 . . '.. .' ....., . ............. ... .. :j,;jO""'i;,t<TlTLE.T() SAIDrREMISEs IS VESTED IN" ~. E.i~uch~ IIll~R~ E..BllCher, ";,,;:;::;{~J~hUs~and and Wife;'llY I>eed from <3irYE.Buchc,r'liiid'Ii.~1il13.:,i;lissel ,now-known as, . .. ..' ., ... Ruth. E. BUCher, dated 6-25-04, recorded 6-30-04 inDeed Book 263, page 4265. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN ~ E. Bucher and Ruth E. Nissel, by Deed from Gayle K. Douglas, dated 10-26-91, recorded 11-4-91 in Deed Book J-35, page 511. Premises: 113 2nd Street, Boiling Springs, P A 17007