HomeMy WebLinkAbout00-01717
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HOMES IDE LENDING, INC.
SUCCESSOR BY MERGER TQ
BARNETT MORTGAGE COMPANY
Plaintiff
IN THE. COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
,
NO. ()-() - rJ 17 ~ I.v----
VS.
WALTER D. RHINEHART
Uefendant
CIVIL ACTION - LAW -
IN MORTGAGE FORECLOSURE
THTs LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING
TO COLLECT A DEBT OWED TO OUR CLIENT. ANY--INFORMATION
OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF
COLLECTING THE DEBT.
NOT ICE
You have been sued in cou~t. If you wish to defend against the claims set
forth in the following pagesr you must take ~ction within twenty (20) days after the
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 ~rprope~ty or other rights
important to you. . .
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlise, PA (717) 240-6200
Lawyer Referral Service
Cumberland County Court House
Carlise, PA (717) 24-6200
A V ISO
LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS
PERESENTADAS, ES ABSOLUTAI1J;:NTE NECESSARIOQUE USTED RESPONDA DENTRO DE 20 DIM
DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE
USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN F"ORMA ESCRITA, EL !?UNTO DE VISTA DE
USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE, SI USTEP NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL
PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A
FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA
DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO,
PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE.
SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE
REFERENCIA DE ABOGADOS), 215-238-630D.
Pennsylvania 4awyer Referral Service
P.o. Box 18G. Harrisburg, PA 17t08
800-692-7375
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HOMESIDE LENDING, INC.
SUCCESSOR BY MERGER TO
BARNETT MORTGAGE COMPANY
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
vs.
WALTER D. RHINEHART
Defendant~
CIVIL ACTION - LAW -
IN MORTGAGE FORECLOSURE
~
THE FOLLOWING ~OTICE IS BEING PROVIDED PURSUANT TO TEE
FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C.~1601:
The undersigned attorney is attempting to collect a
debt owed to the Plaintiff, and any information
obtained will be used for that purpose. The amount
of the debt is stated in this Complaint. Plaintiff
is the creditor to whom the debt is owed. Unless
the Debtor, within thirty (30) days after your
receipt of this notice disputes the validity of the
aforesaid debt or any portion thereof owing to the
Plaintiff, the undersigned attorney will assume
that said debt is valid. If the Debtor-notifies
the undersigned attorney in writing within the said
thirty (3D) nay period that the aforesaid debt, or
any portion thereof, is disputed, the undersigned
attorney shall obtain written verification of the
said debt from the Plaintiff and mail same to
Debtor. Upon written request_by Debtor to the
undersigned attorney within said thirty (30) day
period, the undersigned attorney will provide
debtor with the name and address of the original
creditor if different from the current creditor.
PURCELL, KRUG & HALLER
Leon P. Haller, Esquire
1719 North Front Street
Harrisburg, PA 17102-2392
(717)234-4l78 ~
Attorney ID #15700
Attorney for Plaintiff
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HOMESIDE LENDING, INC.
SUCCESSOR BY MERGER TO
BARNETT MORTGAGE COMPANY
Plaintiff
.. IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. fJ--O - /'1/1 ~ T!2A---
vs.
WALTER D. RHINEHART
Defendant
CIVIL ACTION - LAW -
IN MORTGAGE FORECLOSURE
COM P L A I N T
1. Plaintiff, HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO
BARNETT MORTGAGE COMPANy, is a corporation with an address of
8120 Nations Way, Building 100, Jacksonville,.. Florida 32256.
2. Defendant, WALTER D. RHINEHART, is arradult individual
whose last known address is 65 PARKER ROAD, NEWVILLE,
PENNSYLVANIA 17241.
3. On or about June 14, 1995 Defendant executed and
delivered a Mortgage Note in the sum of $69,939.00 payable to
BARNETT MORTGAGE COMPANY, which Note is attached hereto and
marked Exhibit nAn.
4. Contemporaneously with and at the time of the execution
of the aforesaid Mortgage Note, in order to secure payment of ~he
same, Defendant made, executed, and delivered to original
Mortgagee, a certain real estate M9rtgage which is recorded in
the Recorder of Deeds Office of the within County and
Commonwealth conveying to original Mortgagee the subject
premises. Homeside Lending, Ihc, is successor by merger to
Barnett Mortgage Company. Said Mortgage is incorporated herein
by reference.
5. The land subject to the Mortgage is: 65 PARKER ROAD,
NEWVILLE, PENNSYLVANLA 17241, and is more particularly described
in Exhibit "B" attached hereto.
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6. The said Defendant is the real owner of the land subject
to the Mortgage.
7. The Mortgage is in default due to the fact that
Mortgagor has failed to pay the installment due on October 1,
1999 and all subsequent installments thereon, and the following
amounts are ~ue orr the Mortgage:
(a) Unpaid principal balance $
(b) Interest at $13.81 per day
from 9/1/99 to 4/1/00
(based on contract rate of 7.500%)
67,215.76
2,927.72
(c) Accumulated Late Charges
144.26
(d) Late charges at $24.03
per month for 7 months
168.21
(e)
(f)
Escrow Credit
12.52
5% Attorney's Commission
3,360.78
$ 73,829.25
*Together with interest at the per diem rate noted in (b) above
after April 1, 2000 and other charges and costs to date of
Sheriff's Sale.
The attorney's fees set forth above are~n conformity with
the Mortgage documents and Pennsylvania law, and will be
collected in the event of a third party purchaser at Sheriff's
Sale.
If the Mortgage is reinstated prior to the sale,
reasonable attorney's fees will be charged that are actually
incurred by Plaintiff.
8. No judgment has been entered upon said Mortgage in any
jurisdiction.
9. Notice of_intention to foreclose and accelerate the
loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not
required in that the original principal balance exceeds
$50,000.00.
10. Defendant is not member of the Armed Forces of the
United States of America, nor engaged in any way which would
bring him within the Soldiers and Sailors Relief Act of 1940, as
amended.
11. ~he within Mortgage is insured by the Federal Housing
Administration under Title II of the National Housing Act and, as
such, is not subject to the provisions of Pennsylvania Act No 91.
of 1983.
WHEREFORE, Plaintiff demands judgment in Mortgage
foreclosure "IN REM" for the aforementioned total amount due
together with interest at the rate of 7.500% . ($13.81 per diem) ,
together with other charges and costs including escrow advances
incidental thereto to the date of Sheriff's Sale and for
foreclosure and sale of the property within d~scribed.
By
LeOn P. Haller
Attorney for Plain iff
LD. #15700
1719 N. Front Street
Harrisburg, Pa. 17102
(717) 234-4178
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ADJUSTABLE RATE NOTE
STATE OF PENNSVtVAN1A
DATE JUNE 14. 1996
LOAN I/: 10848973
65 PARKER ROAO NEWVILLE. PA 17241
PropBrty Addreu
FHA ~ No.
441"621009-6-729
1. PARTIES
"Borrowar" means each person signing at the end of this Note. 3nd the person's
successors and assigns. "lander" means
BARNeTT MORTGAGI;" COMPANY
and its succeSSOI"S and assigns.
2. BORROWER'S PROMISE TO PAY, INTEREST"
In return for . loan reoeived kom LGt1der~ aotrciw8t promlsot4 pav thIS principal
sum of ........____......__...____........______ ---...-..--------'"'-----~-----
SIXTV NtN~ ~JSANn NIN~ HUNOREO THIRTY NIN~ AND NOI100----------
Donars {Us. Gtt gSg.oo-------l. plus interest. to the order of Lender._lnterest will be
charged. on unpaid prtncipaI. from tho date of disbursement of the loan proceeds by
Lender~ at the rate of _______________..__________________...______________
J:IV'= AND ONE: HAl..F...-----....-----..----------- ---..---------------
per cunt t6.600-..----"l per year urvtii the full amount of prlnclpm has been paid. Tho
lntarsst rate mav change in accordance with Paragraph 6{Cl ot tfl/s Note.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, daad of trust or similar sec:c.rity
instrument that is dated the same date as this Note and called the .Security lnstrumene
Th8t Seetrity Instrument: protecU thlll Lander from tosses; Which might result if Borrower
defaults under 1111$ 1IIom.
A. MANNER OF PAYMENT
lAITl"'"
Borrower $haD make " paymant of principal and interest to Lender on the first day of
each month beginning on ~ . '-1UJ... . Any princ:lpal and Intenm:
remainIng on 1:tte first: day of' -&.y.. . .222L- . will be due on that date.
which I. caned lhe "MaturIty Cum."
UU PIQce
Payment sba.'1 be made at ~~lJItIS1DE _~Lvt:t....~,.Bg,._
JACKSOMl.l.U F R.. 32256
place as lender may deslgnate In wrttlng by notice to Borrower.
Of" at such other
ICl AmollJlt
Initially. ea~ monthly payment of princIpal and Interest will bB in tho amount of
eag., 11------. Thf1J amourrt wlll be p~t of a larger monthly payment requlred bV
1110 Soctrlty InsfnJment _ .hall bo appUed l<l principal. In,.,est and other Items 1M
PHA. .MUftt.tate AdJuatabl. Ratl Not. - 10/95
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the order described in 1he Seeurlty > ln~trument This amount may change in accordanee
~th Paragraph Sle of thi$ Note.
5. 1NTEREST RATE AND MONThl\.Y PAYMENT CHANGES
W Chango Date
The interest ratG t1UIY change on the first day of OCTOBER . .tfi.L. . and
Ot"l that day of each succeeding year. "Change Oate" means each data on whiCh the
interest rate could ~
(B) The Index
Beginning with the first Ch<lng6 Data. the interost l'3ta~wiU be based on an Index.
"'lndex. means the weekly aveng.o yield on United States Treasury S8ct.ritJas adjusted
tQ a constant maturity of onr~ y4ar. as made available by ij,e Federal Resarve Board.
"Current Index" means &II! moat ""cent tndax figure available 30 days before the
Change O.ata If the Jnd'sx (bls defined above) Is no Jonger avalfable. Lander" wiff use 2S
a new Index. any index pr~scribed by the Secretary (as dBf'~ in Paragraph 7(8J).
Lendar will give. Borrower r-otl:ce of the new Index.
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(c) Calculation of Interest Rate Changee ;:L
Before each Chango Date. LandlW willi calCulate a new '~~\arest rate by adding a margin
oj 'TWQ AND ONE HAtF--..-...----~~..-------....:......______percentage polnt(s)
( Ul!ll.::.= -1Il '" the Cu-ref1l Index and rounding the sum 10 the nearest
one-eighth vf ~ t:J6rcentage point 1O.125%). Subject to 'the llm1ts statQd in Paragraph
6{O} of this Note-. this. rounded amount wtlt be the: naw Interest rate Ul"ltiI the next
Clwlge o.ote.
tOI Uml'" on Inter... Row elw1g..
The existing interest rate wilt MVer Increase or decrease by more 'than one.
percentage point (t.O%1 on uny slr.gle Change Date. The interest rate wiD never' ~
more tJwt five percentage points: t5.0%l higher or lower than the Initial Interest rate
atated in Paragraph 2. of this Nota.
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lEl C11lculotlon of Payment Cbang.
If the Intarest rata c:hanges on . Change Date. Lender wnt calcutata 1h8 amount of
monthly paymElnt of principld and intorerst which WQ1.Ild bo necessary to repay 'the
unpaid principal bodanca in full .at the Mi:b.rity Date at the new interest rate 1hr'Qugh
uubstantralfy 8CflII payment.s. In making 8tlCh cafculation, Lender wilt use 'the W'lpaid
;x'lncfpal b8h1nco wtic:h 'lo'VOt.dd be owed on the Chango. Date if thara had been no
tjofault In payment on the Note. reduced by tho amount of any prepayment to
principal. 1'he result of this calculation will be: the amo!Jnt of the new monthlV payment
01 principal and Interest
fFI Nodce of CIJonSes
Lender wiD glve notice to BorrOWBr of any change In the 1ntarest rate and monU1tv
payment amot.at. The notice must bo given at laut 25 days before the new monthly
payment _ is due. and must set lorth III the date 01 the notice, Il1l the Chan~
OatS:, am 1118 Qki Int:ec'est rate. ivJ the new Interest rate, (vi iho new monthly payment
amount (vI) the Current Jnc;km m 'the date It was pubn&hod. (vii) the method of
calctllatIng the: change In mot'lthly payment amount,. and !vIII) any other information
which may be required by law from timo to time.
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FHA Multlatate Adlustable Rata Nc:.ta .. mIss
1.941 05/96 Pogo 2 01 4
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(G) Effective Data of Changes " ~..
A new interest rate ealctMted In accordance wlth Paragraphs 5tC1 and 5(01 of this;
Nota wm bocoma effectIve on the Change Date. BOlT'ower shall make " pavment in
the new monthly amount beginning on the first payment date which OCCtrS at least 25
days after Lender ha$ glvEln 8crrowar the notlce of changes required by Paragraph
6(F) of thfs: Note. Borrower shan hlLvo no obligation to pay any rncrease in the mcinU'dV
payment amount calcu.lated, In acecrdance wlU'l P3I"agraph 5lS 'of this Note for any
paVnwnt data occurring laS$ thart 25 days after Lender has givan the requir6d notice.
If the monthly p~nt amot:r.t csleulated in accordance with Paragraph 5la of this
Note decreased. bUt lendElr faited to give timely notice of the decrease and BorTowet
made any tttonth!y payment amotMtf. GXCdS<ling the payment amot.nt whlch &ttoc.dd have
been stated in a timely notice. 1lwn Bcrrower has the option to either (il cIetruw1d the
return to Borrower 0 any QY..CQ8#. p;ayment. with tntarest thGr'aon at the Note Tate fa
rate equal to thft mum rats wh1ch ;hewd h1J'J8 beeh trtatecf in a timely noticeJ.. or fij)
f'equsst tf1a:t any excess pavment wl1h intEw'est theroon at.'(he Note rate, bG appUed as
payment of prineipal Lendar's obligation to return any excess payment with interest on
demand is not assi~to even if thla; Note is OtherwtSB assigned before the demand
for return is made.
6. IlOI1ROWEl\'S RIGHT TO PREPAY
13orrowar has the right to pay Uw debt svldenced by this Note" in wboJe 01' In part.
wlthout ehargo or penalty~ on 'the. first d1.y of ~~'1 month Lender $haU accept prepayment:
on other days provtded 'that borrower pays ~;'t.ere&t on the amount prepaid for the
remaindor of tha mon1h to 1fw eKtet\1. requfred" ~'( Lender and pennftted bV regurationG of
the Secratarv. If SorTower malcos . p.artIa1 prepavmGrrt. there will be no changes in 'the due
date or in the amount of the mOl',lthly payment unless lender agrees in writing to those
<:hang...
,. BOI1ROWER'S FAIUIRE TO PAY
(A) Late Chars_ foI' Ovon:lUCI Paymllrnt'S
\f l.f!ndGr has not fGClS:Cved 1tle fuU rnonthfv payment requCred bV tf18 SaCtJl"!ty
tn&1rument. as described In Parograpll 4iC1 of thl. not.. by th. and of flfteen oal_
days after the payment is due" LfWJer may collect a late charg.e in ~O: BmQunt af
FOUR perc8t\t '4,00--.. ~..%) of the overdue amount of each paymet\t ,
tBl D.fault
If 1I0lT0'Ml1" defaults bV fallin\l to pay In full MV monthly poymont. lhen Lender may.
except as Irmited by rngulatiC'..on. of 1:hs Secretary i!l th1) ease of payment defaults,
"~quJ"o Immadiata payme'nt h full of the princJpal balance remainIng due .and all
accrueo Intenm. Lender 1"tI8Y ch0Q.'8lJ not to 8xerel8e this option wtthout waiving tts
right;: In the BVGnt of any _IBqUell'It dBfault. This Nota does not authorlz.e
.ccetsratfo.... 1Nhsn not psrroitt8d by HtIO r6gUfatfons. AA used in thi, Nottt. -SecrG'Wy"
J:I1eans 1:hs Ser:.~ :.. Housing arid lJrbah Development 01" his or hGr" d8$ignee.
(Q Payment of Costs and e~ena8s
If Lender has required ~ payment in full. as dQScrlbed above, Lender may
requlro Borrower to pay COUs .and expanses including: reasonable .and custOlTlary
IJttOrMy's fees for worerng 1his. Note: to the extent not prohibited bV .appllcable law.
SUch fees and coats shall bWlr Interest From the date of d1&bursemer\t at the S8tTUI
r.tte 8$ the princlpaJ of this ,Nota.
a. WAIVERS
Borrower and ."y other person who has obRgatJons undl!f this Note wai.ve the rights
of presentment and notice of dishonor. "Pfoserrtment- means: the right to rtlqulre Lender to
demand paymem: of amounts due. -UotlC! of dishonor" means the right to requiro LGnder to
glve notice to other p8fUOt'l$ 1hat .l'\ooota due haYs not been paid. .
FHA MulUstata Adjustable Rate. Note - 10/95
Ul41 otll9'6
Page 3 of 4
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9. GIVING Of NOTICES
.
Unten tpplicabte. law N1iCJ'.!lres 8 diffenant" method.. any notIce 1hat must be given to
BOlTOwer under this Note will be gtvetl by deltvel'lng i.t or by maitlng it bV 'first class mall
to Borrower at the ~ addr6~1I shOV8 or at a: cRffertmt address If Borrower hQs
given Lender 11 notice ()f SOl'rower's diff9f'tlr\t address.
MJ notice that ~st be: wven to Landor ooder this Nota wiU be given by first class
maU to Lender at the ~ stated 1n Paragrlph 416) or at IS different address if
Borrower Is given a notice of 'that different address.
10. OllUGATIONS Of PERSONS UNDER >>lIS NOTE
If more than one p8rsnn signs fflia Note. each person is fully and p.eroonaiw obligated
to keep aU .of the proMises madS in thls Nota, including the prormSQ to PllV 'thl!l run atnoI.Int
owed. My'. pESrscm who is a ~antol"# suroty .or endorser .of this Na~ Is afs.o obligated to
do these tnJngs.. An,,! psrs:on Who takas (M!r 1'h~ obligatl()ns~ includIng Uta. obRgations of B
guarantor# surety or endorslJt" of thl$ NCi:l!I, i:t atso cmfigatad to keep all of the promises
mad& in this Nota. LendBf' may tJflforc:e 4($ rights under- this Note against eacfi person
indMduaUy 01" against aU &fgnatOriD!i togetho(, Anyone person .signing this Nota me.y be
required to pay 8ft af tho amounts owed W\der this Note.
NOTICE TO BORROWER: TIde Q'ooument 09nt8.fn$ prov(s{QnG for e vadabl. intQl"a$t ,ote.
BY SIGNING sa.OW. B'QlTower Il<<'~~t$ and tgr'ees: to the term6 and COVen&'1ts
ccnt&ner.l In this Note.
WifrteU{esl:
Wlb'lBS:l(as):
Wltns_es):
Wdness(e1):
MAILING ADDRESS:
llll PARlIER RDAI)
NIMV1LLE. PA 172-(1
FtfA Mu(cla~ Adl~f. ftate N'c.tll .. 10/95
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Land'.. .
Description
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ALL that oert:ain traot of lan4 .1t.l.lai;.. in West. pe:nnsboro ~own'8hip,
CumbttrJ.a.nd cOU,rtt.'E"" ~n'Sy1.'lTanl.a, bound.ed and deocribgd in
a.CC::ON.unee w,f.'t.h PJ.an o'f subdi.vi.tsion for Leo F. -r.a.ughmanr p=cpared
by Tho'mas 8.l.v.in Ne~:fr Registered SlU:'VEtyor, -dated May :.z" 19'7'7 i a.
copy of SAid ?le.n having been l;ec:oPied. in the herEt1.n,,-fter named
Re-::o~der' _ otfioe in ll'lan 'Soak 35, >>ago 64, e,& fol1owu;
BEGlNNlNG at a. $pim .in the ox:1g-uaJ. _cente:rl,,i.ne of. 33-feet vi.de
'1'o-wnohi.? Road T-'S5 c.t 'the: dividinq line b~tweQn LotS. Nos.. :2 and 3-
G.8 shown aa sa1.d. Pun of SUbd.iv1....1ont th$noo :fx:.QUl .aid. spi.ka 410. the
place of Beqirutinq <<.long the ..aid centerline of 33"'feet wiile
Townsh.ip Road ~-355, South 80 deg:rees 38 minutes SO seconds West,
a distance of One Hundred F~fty (150) f~e~ to a spLke at a corner
of land retained Lae 1'. lJa.u.g:b:J/um and w.1:fe~ t:henca alc-:n9 l:Lne of
said. .land: rcta.;Lned by ~.. :1'. r.auqhmall, tho foUow:tr&q t.wo (2}
COw:'sIl!:S 4nd dls'ta.1'1oesl.l (1) North 09 deg:t'tlas 21 m!.nut:..B 10 seconds
wast, a d:l.At-IJ.:nr.::a of: 'I!Wo Hundred Th:i.rty-f1.'lTe l '2.35) fe6t. to at!. i."t'ot!.
pinJ and ('2;) 'ltTortb 80 d$9J:'8U$ 38 adnut.es SO seconds East.. a
di3t.1.UC6 of Cne aandred F.ifty 150) feet to an UOll p.i.n <<:t t.he
dividing line betwesb Lot NO$-1 2 and 3 as ..h01m em. ..1.4 Plan of
SubcUvision; ~e-nca a.long said dividing line. be1:.Wtlen aaid. Lot Nos.
2 and 3 aa 3hown as s&~d Plan of Subdiv~8ionr SQuth 09 degrees 21
nU.nQtCtlil 1.0 .6-0Q.nds Bast, .iii. d:tstanec of '.rwo Hundred Thi:rt.y-fi.ve
(235) fCl.,t to .. aplJa tn the arJ.q.1na.L oli!t:\1au:J..Lao q:f 33-feot w:i.de
Township ~ond T-3SS /l.1: tb. P14d9 o~ :B1tG%WD'G.
COH"I1J:NJ:NG 0.609 ac::r:es a%l,.d. btd.n.g- 0.1.1 o~ 1:iQt lIo.. 2 ... abOWb. on sdd
plan .or SU1:>d.i:v.1.i.on $or Lao "2'.. ~9'J:man rGdCrded &C aEore8Ud, on
whic:b t.here. i. .~ a dwell.1n91 hou...e witb Wlil:Lnv addz:ea. of 6S
parkar \toad, Newvil1a, PennlY'lvamla 11241,
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VERIFICATION
I, Leon P. Haller, Esquire, hereby swear and affirm that the
facts contained in the foregoing COMPLAINT for Mortgage Foreclosure
are true and correct to the best of my knowledge, information, and
belief based upon information provided by Plaintiff, HOMES IDE
LENDING, INC. SUCCESSOR BY MERGER TO BARNETT MORTGAGE COMPANY and
that said facts contained herein are made subject to the penalties
of 18 Pa.C.S. Section 490i relating to unsworn falsification to
authorities.
Da te: March 14, 20-0-0
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SHERIFF'S RETURN c REGULAR
CASE NO: 2000-01717 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ROMESIDE LENDING INC
VS
RHINEHART WALTER D
CP~. MICHAEL BARRICK
Sheriff or Deputy Sheriff of
Cumberland County, Pen~ylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
RHINEHART WALTER D
the
DEFENDANT
, at 0007:43 HOURS, on the 23rd day of March
2000
at 250 N. BALTIMORE ST
MT HOLLY SPRINGS, PA 17065
by handing to
WALTER RHINEHART
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
.00
u___ '~L 34
. _ _.00
.00
.00
4.34
s;;~~<
R. Thomas Kline
.03/27/2000
PURCELL, KRUG
SWorn and Subscribed to before
By:
,-
me this
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JD ~ day of..
~:.P cUn;-U ...A. D.
()~"'L. (2 IhL/J;.;, ~
rothonotary
,
SHERIFF'S RETURN - REGULAR
C~SE NO, 2000-0l7l7 P
COMMONWEALTH OF PENNSYLVANIA:
COllNTY OF CUMBERLAND
HOMESIDE LENDING INC
vs
RHINEHART WALTER D
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
RHINEHART WALTER D
the
DEFENDANT
, at 0006:52 HOURS, on the 23rd day of March
, 2000
at 65 PARKER ROAD
NEWVILLE, PA 17241
by handing to
DARLA RHINEHART
a true and attested_copy of COMPLAINT ~.MORT FORE
NOTICE
together with
and at the same time directing Her <l-ttention to_the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
7.44
.00
10.00
.00
35.44
So M;:J;?frt~~~
R. Thomas Kline
i.<-'
10 ..-- day of
03/27/2000
PURCE:: ~/
...- .... Deput Sh~
Sworn~nd Subscribed, to before
me this
~ .2.-Infl} A. D .
ct, '1"" (), ~j{),~ ~,
Prothonotary'
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HOMESIDE LENDING, INC.,
SUCCESSOR BY MERGER TO
BARNETT MORTGAGE COMPANY,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY , PENNSYLVANIA
CIVIL ACTION - LAW
VS.
NO. 2000 1717 CIVIL
WALTER D. RHINEHART,
DEFENDANT
IN MORTGAGE FORECLOSURE
P R A E.C I P E.
TO THE PROTHONOTARY OF THE WITHIN COUNTY:
Please enter JUDGMENT "in rem" in favor of the Plaintiff and
against Defendant WALTER D. RHINEHART for failure to plead to the
above action within twenty (20) days from date of service of the
Complaint, and assess Plaintiff's damages as follows:
Unpaid principal balance
Interest
(Per diem of $13.81
from 9/1/00 to 4/1/00)
Accumulated late charges
Late charges
($24.03 per month to 4/00)
Escrow Credit
5% Attorney's Commission
$67,215.76
$ 2,927.72
$ 144.26
$ 168.21
$ 12 . 52
$ 3,360.78
TOTAL
$73,829.25**
** Together with additional interest at the per diem rate indicated
above from the date herein, based on the contract rate, and other
charges and costs to the date of Sheriff's Sale.
PURCELL, KRUG &.
By
Leon P. Hal er #15700
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
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HOMES IDE LENDING, INC.,
SUCCESSOR BY MERGER~O
BARNETT MORTGAGE COMPANY,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
NO. 2000 1717 CIVIL
WALTER D. RHINEHART,
DEFENDANT
IN MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
PURSJJANT TO PA. R.C.P. 237.1
I hereby certify that on May 25, 2000 I served the Ten Day
Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this
matter by regular first class mail, postage prepaid, as indicated
on the attached Notice. ---
By
Leon P..Haller P I.D. #15700
Attorney for Plaintiff
Purcell, Krug & Haller
1719 North Front St.
Harrisburg, PA 17102
"'
" ..
HOMESIDE LENDING, INC.
SUCCESSOR BY MERGER TO
BARNETT MORTGAGE COMPANY
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-1717
Vs.
WALTER D. RHINEHART
Defendant
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
DATE OF THIS NOTICE: May 25, 2000
TO: WALTER D. RHINEHART
250 NORTH BALTIMORE STREET
MT. HOLLY SPRINGs; PA 17065
4
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING
TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION
OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF
COLLECTING THE DEBT.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAuSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE ~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 THI S
NOTICE, A JUDGMENT MAY_ BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YoDR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU
SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU 00 NOT F~VE A
LAWYER OR CANNOT AP~OR.IJ ONE, GO TO OR TELEPHONE THE FOLLOWING
OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle, PA~17013
717-249-3166
I
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LLER
By
Leon P. Haller
Attorney for Plaintiff
LD. #15700
1719 N. Front Street
Harrisburg, Pa. 17102
717-234-4178
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HOMESIDE LENDING, INC.,
SUCCESSOR BY MERGER TO
BARNETT MORTGAGE COMPANY,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTIO~ - LAW
VS.
NO. 200~ l717 CIVIL
WALTER D. RHINEHART,
DEFENDANT
IN MORTGAGE FORECLOSURE
NON-MILITARY AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF DAUPHIN
personally appeared before me, a Notary Public in and for said
Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly
sworn according to law deposes and states that the Defendant(s)
above named are not in the Military or Naval Service nor are they
engaged in any way which would bring them within the Soldiers and
Sailors Relief Act of 1940, as amended.
Sworn to and subscribed :
befo~ this /c9-- day : .- --
of /'~. 2Q~ :
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LEON P. HALLER, ESQUIRE
NOTARIAL SEAL
MARYLAND K. Fl'.RRETTI, Notary Public
lO'NER pi\XTONlWP., DAUPHIN County
My CommissiOn ExplresAUGUST 8, 2002
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HOMESIDE LENDING, INC.,
SUCCESSOR BY MERGER TO
BARNETT MORTGAGE COMPANY,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - . LAW
NO. 2000 1717 CIVIL
WALTER D. RHINEHART,
DEFENDANT
IN MORTGAGE FORECLOSURE
\
NOTICE OF ENTRY OF JUDGMENT
TO THE ABOVE-NAMED DEFENDANTS:
You
following
captioned
are hereby notified that
judgment has been entered
matter:
~
on ~ 1..'1 .2n;v
ggains you' ih the
the
above -
$73,829.25 and for the sale and foreclosure of your property
located at: 65 Parker Road, Newville, PA 17241
Dated:~ /3; J.-(J1b
0.v.~.;,f!.. ~'€"
PROTHON A Y
Attorney for Plaintiff:
Leon P. Haller
1719 North Front Street
Harrisburg, PA 17102
Phone: (717) 234-4178
I hereby certify that the following person(s) and their respective
addresses' are the. proper individuals to receive this Notice
pursuant to PA R.C.P. No. 236:
Walter D. Rhinehart
250 North Baltimore Street.
Mt. Holly Springs, pa 17065
1:\HOME\MKf:\OOCS\CUMBERLA\RHINEHAR,N
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
v
PRAECIPE FOR WRIT OF EXECUTION
CapfiOn:
Harreside Lending, INc., sucoe$sor by rrerger
to Barnett Mortgage Canpany,
Plaintiff
( ) Confessed Judgment
(XX) Other IN MORl\,AGE FORECLOSURE
File No.
2000 1717 Civil
vs.
Walter D. Rhinehart,
Defendant EJ-.
)$1) ". f-,~ /
i'M". ~ ~. a; /70t-s
$73,829.25
$'2,181.98 at $13.8]
$ 96.12 at $24.0~
$ 2,000.00
$78,107.35
TO_THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retafllnstallment sale, contract, or
account based on a confession of judgment, but if It does, it is based on the appropriate original proceeding flied
pursuant to Act 7 of 1966 as amended;and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of COMBERLI\ND
for debt, interest and costs, upon the following described property of the defendant(s)
Re_aLEstai;e: 65 Parker ROad, Newville, PA 17241
Real ONners: Walter D. Rhinehart
County,
IN MORlGAGE FORECLOSURE
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBEBLAND County, for debt, interest and
costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
REAL ESTATE: 65 Parker !<<Sad, Newville, PA-17241
REA!; rnNER: Walter D. Rhinehart .
- - - -- -
and all other property of the defendant(s) in the possession, custody or control of the said gamishee(s).
o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the
defendant(s) described In the attached exhibit. ~_
.i!lN'; :2!iOO
Date . Signature:
Print Name:
Address:
Leon p. Haller, Esquire
Purcell, Krug & Haller
, 7' 9 "'Qrth "'rent St~get
Harrisburg, PA 17102
Attorney for:
Telephone:
Supreme Court ID No.:
PU\INTIFF
717-234-4178
U5700
(over)
..
Notes: If real property, supply six copies of description including improvements and an original and copy of
affidavit of ownership (PaR.C.P. No. 3129).
If lengthy personalty list, supply four copies of list.
To index writ, file separate praecipe with writ.
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LEGAL DESCRIVTION
ALL that certain tract of land situate in West Penn~boro ~ownshipl
Cumberland County, Pennsylvania, bounded and described in
accordance with Plan of Subdivision for Leo F. Latighmanr prepared
by Thomas alvin_Neff, Registered Surveyor, dated May 23, 1977, a
copy of said Plan having been recorded in the her~inafter named
Recorder's Offi<;e in Plan Book 35, J?a,\e 64 I as fol~ows:
UEGINNING at a spike in the original centerline of 33-fee.t wide
Township Road T-355 at the dividing line between Lots Nos~ 2 and 3
as shown as said Plan of Subdivision; thence from said spike at the
Place of Beginning along the said centerline of 33-feet wide
Township Road T-355, South 80 degrees 38 minutes SU seconds West,
a distance of One Hundred Fifty (150) feet to a spike at a corner
of land retained Lee F. Laughman and wife; thence along line of
said land retained by Lee F. Laughm~n, t-he following two (2)
courses and dis~~nces: (1) -North 09 degrees 21 minutes 10 seconds
:iest, a distance of. Twq Hu~dred Thirty-_five (235} feet to an iron
pin; and (2) North _80 degrees 38 mi"riiztes 50 seconds East, a
distance of One Hundred Fifty 150) feet td an iron pin at the
dividing line between Lot Nos. 2 and- j as shown on said Plan of
Subdivision; thence along said dividing line betw~en said Lot Nos.
2 and 3 as shown as said Plan of Subdivision, South 09 degrees 21
minutes 10 seconqs E~st, a distance of Tw;; ---Hundred Thirty-five
(235) feet to a ~pike in the original centerline ~f 33-feet wide
Township Road T-3SS at the Place of BEGINNING.
CONTAINING 0.809 acres and being all of Lot No.2 as shown on said
Plan of Subdivision for Lee ~~_ Laughman recorded as aforesaid, on
which there is erected a dwelling house with mailing address of 65
Park~r Road, Newville, pennsylvania 17241.
So much of the above described premises as lies_within 25 feet of
the original centerline of 33-reet wide Township Road T-35S has
been dedicated as a portion of the right of way of said Township
Road as shown on said Plan of Subdivision for Lee F. Laughman
recorded as aforesaid.
BEING THE SAME PREMISES WHICH G. William Hemminger, III ~nd Joyce
G. Hemminger by deed dated 6/14/96 and recorded 6/17/96 in
Cumberland County Deed Book 141 Page 64 granted and conveyed unto
Walter D. Rhinehart.
TO BE SOLD AS THE PROPERTY OF WALTER D. RHINEHART ON JUDGMENT
NO. 2000 1717.
TAX PARCEL:
46-09-0517-055
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HOMESIDE LENDING, INC.,
SUCCESSOR BY MERGER TO
BARNETT MORTGAGE COMPANY,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
NO. 2000 1717 CIVIL
WALTER D. RHINEHART,
DEFENDANT
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1
The Plaintiff in the above action, by its attorneys, Purcell,
Krug & Haller, set.B_ forth as of the date the praecipe for the writ
of execution was filed, the following information concerning the
real property located at 65 Parker Road, Newville, PA:
1.
Name and address of the Owner(s) or Reputed Owner(s) :
Walter D.
250 North
Mt. Holly
Rhinehart
Baltimore Street
Springs, PA 17065
2. Name and address of Defendant (s) in the Judgment, if
different from that listed in (1) above:
SAME
3. Name and address of every judgment creditor whose judgment
appears of record on the real property to be sold:
4. Name and address of last recorded holder of every mortgage
of record:
PLAINTIFF HEREIN
(AND ANY OTHERS AS NOTED BELOW) :
Green Tree Consumer Discount Company
332 Minnesota Street
Suite 610
St. Paul, MN 55101
5. Name and address of every other person who has any record
lien on the property:
UNKNOWN
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interest
sale:
Name and address of every other person who has any record
in the property and whose interest may be affected by the
UN.KNOWN
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:
TENANTS IF ANY ..,
Darla Rhinehart
65 Parker Road
Newville, PA 17241
DOMESTIC RELATIONS OFFICE
CUMBERLAND COUNTY COURTHOUSE
HIGH AND HANOVER STREETS
CARLISLE PA 17013
(In the preceding information, where addresses could not be
reasonably ascertained, the same is indicated.)
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge, 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
fa'afffcatfon to authoritiea. ~
Leon P. Haller PA I.D. #15700
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: June 12, 2000
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HOMESIDE LENDING, INC.,
SUCCESSOR BY MERGER TO
BARNETT MORTGAGE COMPANY,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
NO. 2000 1717 CIVIL
WALTERD . RHINEHART,
DEFENDANT
IN MORTGAGE FORECLOSURE
\
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be
held:
DATE:
WEDNESDAY, September 6, 2000
TIME: 1D~OU O'clock A.M.
LOCATION: Commissioner's Hearing Room
2nd FLOOr
Cumberland County Courthouse
Carlisle, Pennsylvania i7013
THE PROPERTY TO BE SOLD is delineated ~n detail in a legal
description mainly consisting of a statement of the measured,
boundaries ~of the property, together with a brief' mention of the
buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
65 Parker Road
Newville
CUMBERLAND COUNTY
PENNSYLVANIA
THE JUDGMENT under or pursuant to which your property is being
sold is docketed in thewithjn Commonwealth and County to,
No. 2000 1717
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property
is;
WALTER D. RHINEHART
r
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to
receive part of the proceeds of the sale received and to be
disbursed by the Sher~ff (for example, . to banks that hold mortgages
and municipalities that are owed taxes) will be filed by the
Sheriff of this County thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the date it is filed.
\
Information about the Schedule of Distribution may be obtained
from the Sheriff of the Court of Common Pleas of the within County
at the Courthouse address specified herein.
THIS PAPER IS A NO'I'ICEOF .THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
IT HAS BEEN ISJ:nmn,uBECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROP,ERTL'I'o BE HELD. TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being
taken away. A lawyer can advise you more ~ecifically of these
rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADV~CE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc.
S Irvine Row
Carlisle, PA 17D13
717-243-9400
THE LEGAL R~GHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common pleas of
the within County to open the jUdgment if you have a meritorious
defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if
you are aware of a legal defect in the obligation or the procedure
used against you.
2. After the Sheriff's Sale you may file a petition with the
Court of Common Pleas of the within County to set aside the sale
for a grossly inadequate price or for other proper cause. This
,>
petition MUST BE FIL~D BEFORE THE SHERIFF'S DEED IS DELIVERED.
3, A petition or petitions raising the legal issues or rights
mentioned in the preceding paragraphs' must be presented to the
Court of Common Pleas of the within County. The petition must be
served on the attorney for the creditor or on the creditor before
presentation to the . court and a proposed order or rule must be
attached to the petition.
If a specific return date is, desired. such date must be
obtained from the Court Administrator's Office ~Civil Division, of
the within County Courthouse, before a presentation of the petition
to the Court.
A copy of theWrit,Q:CRxecution is attached hereto.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234~4178
.
LEGAL DESCRIPTION
,/
ALL that certain tract of land situate in West Pennsboro Township,
Cumberland County, Pennsylvania, bQunded and described in
accordance with Plan of Subdivision for Leo F. Laughman, prepared
by Thomas alvin Neff, Regiscered Surveyor, dated May 23, 1977, a
co~y of said Plan having ~~en recorqed in the hereinafter named
Recorder's Office in Plan Book 35, Pa~e 64, as follows:
'.,
BEGINNING at a spike in the. original centerline of 33-feet wide
Township Road,T-355 at the dividing line between Lots Nos. 2 and 3
as shown as said Plan of Subdivision; thence from said spike at the
Place of aeginning along the said centerline of 3_3-feet wide
Township Road T-3SS, South 80 degrees 38 minutes 50 seconds West,
a distance of One Hundred Fifty (ISO) feet to a spike at a corner
of land retained Lee F. Laughman and wifej thence along line of
said land retained by Lee F. Laughman. the following two (2)
courses and distances: (1) North 09 degrees 21 minutes 10 seconds
West, a distance of Two Hundred Thirty-five (235) feet to an iron
pin; and (2) North 80 degrees 38 minutes 50 seconds East,. a
distance of One Hundred Fifty 150) feet to an iron pin at the
dividing line between Lot Nos. 2 and 3 as shown on said Plan of
Subdivis-ion; thence alo_ng said dividing line between said Lot Nos.
2 and 3 as shown as said Plan of Subdivision, South 09 degrees 21
minutes 10 seconds East, a distance of Two Hundred Thirty-five
{235) feet to a spike in the original centerline of 33-feet wide
Township Road T-355 at the Place of BEGINNING.
CONTAINING 0.B09 acres and being all of Lot No.2 as shown on said
Plan of Subdivision f-or Lee F. __Laughman recorded as aforesaid, on
which there is erected a dwelling house with mailing address of 65
Parker Road, Newville, Pennsylvania 17241.
So much of the above described premises as lies within 25 feet of
the original centerline of 33-feet ~ide Township Roa~ T-255 h~s
been dedicated as a portion of the r~ght of way of sa~d Townsh~p
Road as shown on said Plan of Subdivision for Lee F. Laughman
recorded as aforesaid.
BEING THE Sk~E PREMISES
G. Hemminger by deed
Cumberland County Deed
Walter D. Rhinehart.
WHICH G. William Hemminger, III and Joyce
dated 6/14/96 and recorded 6/17/96 in
Book 141 Page 64 granted and conveyed unto
TO BE SOLD AS THE PROPERTY OF WALTER D. RHINEHART ON JUDGMENT
NO. 2000 1717.
TAX PARCEL:
46-09-0517-055.
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HOMESIDE LENDING, INC.,
SUCCESSOR BY MERGER ~O
BARNETT MORTGAGE COMPANY,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
NO. 2000 1717 CIVIL
WALTER D. RHINEHART,
DEFENDANT
IN MORTGAGE FORECLOSURE
RETURN OF SERVICE
I hereby certify that I ave d RO 'ted in the U.S. Mails at
Harrisburg, Pennsylvania on 11" a true and correct
copy of the Notice of Sale 0 i Real Estate pursuant to PA R. C. P.
3129.1 to the Defendants herein and all lienholders of record by
regular first class mail (Certificate of Mailing form in compliance
with U.S. Postal Form 3817"is attached hereto as evidence), and
also to the Defendants by Certified Mail, which mailing receipts
are attached. Service addresses are as follows:
Walter D. Rhinehart
250 North Baltimore Street
Mt. Holly Springs, PA 17065
Green Tree Consumer Discount Company
332 Minnesota Street
Suite 610
St. Paul, MN 55101
DarIa Rhinehart
65 Parker Road
Newville, PA 17241
Domestic Relations Office
Cumberland County Courthouse
Hanover and High Streets
Carlisle, PA 17103
By
PURCELL, KRUG &,HALLER
Attorneys for Plaintiff
1719 North ProntStreet
Harrisburg, PA 17102
(717) 234-4178
JOHN W. PURCELL
HOWARD 8, KRUG
LEON P. HALLER
JOHN W. PURCELL JR.
BRIAN ]. TYLER
JILL M. W[NEKA
LAW OFFICES
PURCELL, KRUG AND HALLER
1719 NORTH FRONT STREET
HARRlSBURG, PENNSYLVANIA 17102-1392
TELEPHONE (717) 234-4178
FORECLOSURE DEPT. FAX (717) 234-1206
JOSEPH NISSLEY (1910-1982)
ANTHONY DiSANTO
OF COUNSEL
HERSHEY
1099 GOVERNOR ROAD
(717) 533-3836
NOTICE TO:
Walter D. Rhinehart
250 North Ba~timore Street
Mt. Holly Springs. PA 17065
Green Tree Consumer Discount Company
332 Minnesota Street
Suite 610
St. Paul. MN 55101
DarIa Rhinehart
6"5 Parker Road
Newville, PA 17241
Domestic Relations Office
Cumberland County Courthouse
Hanover and High Streets
Carlisle, PA 17103
NOTICE IS HEREBY GIVEN to the Defendants in the within action and
those parties who hold one or more mortgages, judgments or tax liens
against the real estate which is the subject of the Notice of Sale
pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached
hereto.
YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution
issued out of the Court of Common Pleas of the within county on the
judgment of the Plaintiff named herein the said real estate will be
exposed to public sale as set forch on the attached Notice of Sale.
By:
against the said
you have an
eing notified of
YOU ARE FURTHER NOTIFIED that the lien
real estate will be divested by the sale
opportunity to protect your interest,
said Sheriff's Sale.
Leon P. Haller PA I.D.15700
Attorney for p]aintiff
HOMESIDE LENDING, INC.,
SUCCESSOR BY MERGER TO
BARNETT MORTGAGE COMPANY,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
NO. 2000 1717 CIVIL
WALTER D. RHINEHART,
. DEFENDANT
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
:PuRSUANT TO
PENNSYLVANIA RuLE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be
held:
DATE:
WEDNESDAY, September 6, 2000
TIME: 10:00 O'clock A.M,
LOCATION: Commissioner's Hearing Room
2nd Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal
description mainly consisting of a statement of the measured
boundaries of the property, together with a brief mention of the
buildings and ahy-~ther major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
65 Parker Road
Newville
CUMBERLAND COUNTY
PENNSYLVANIA
THE JUDGMENT under or pursuant to which your property is being
sold is docketed in the within Commonwealth and County to:
No. 2000 1717
THE NAME (S) OF THE OWNER (S) OR REPUTED OWNERS of this property
is:
WALTER D. RHINEHART
. .
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to
receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for example, to banks that hold mortgages
and munici.palities that are owed taxes) will be filed by the
Sheriff of this County thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the datei:t is filed.
Information about the Schedule of Distribut.ion may be obtained
from the Sheriff of the Court of Common pleas of the within County
at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
IT.HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO
PAY Tlm JUDGMENT.
You may have legal rights to prevent your property from being
taken away. 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 PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc.
8 Irvine R.ow
Carlisle, PA 17013
717-243-9400
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common PI.eas of
the within County to open the judgment if you have a meritorious
defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if
you are aware of a legal defect in the obligation 9r the procedure
used against you. u
2, After the Sheriff's Sale you may file a petition with the
Court of Common Pleas of the within County to set aside the sale
for a grossly inadequate price or for other proper cause. This
petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights
mentioned in the preceding paragraphs must be presented to the
Court of Common pleas of the within County. The petition must be
served on the attorney for .the creditor or on the creditor before
presentation to the court and a proposed order or rule must be
attached to the petition. .
If a specific return date is desired, such date must be
obtained from the Court Administrator's Office - Civil Division, of
the within County Courthouse, before a presentation of the petition
to the Court.
A copy of the Writ of Execution is attached hereto.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
LEGAL DESCRIPTION
ALL that certain tract of ~anct~ si~uate in West Pennsboro Township,
Cumberland County, Pennsylvania, bounded and described in
accordance with Plan of Subdivision for Leo F. Laughman, prepared
by Thomas alvin Neff, Registered Surveyor, dated May 23, 1977, a
copy of said Plan having been recorqed in the hereinafter named
Recorder's Office i~ Plan Book 35; pa~e 64, as follows:
BEGINNING at a _spike in the original centerline of 33-feet wl.d_e
Township Road T-355 at the dividing line be-tween Lots Nos. 2 and 3
as shown as said plan of Subdivi~ion; thence from said spike at the
Place of Beginning along the said centerline of 33-.feet wide
Township Road T-355, South 80 degrees 38 minutes 50 seconds West,
a distance of One Hundred Fifty (ISO} feet to a spike at a corner
of land retained Lee F~ Laughman and wife; thence along line of
said land retained by Lee F. Lallghrnan. the following two (2)
courses and distances: (1) North 09 degrees 21 minutes 10 seconds
West, a distance of Two Hundred Thirty-five (2J5) feet to an iron
pin; and (2) North 80 degrees 3.8 minutes 50 seconds East, a
distance of One Hundred Fifty 150) feet to an Lron :pin at the
dividing line between Lot Nos-~ 2 and 3 as shown on said Plan of
Subdivision; thence along said dLviding line between said Lot Nos.
2 and 3 as shown as said Plan of SubdivisioX:J___South .09 degr'ees 21
minutes 10 seconds East, a distance of Two Hundred Thirty-five
(235) feet to a spike in the original centerline of 33~feet wide
Township Road T-355 at the Place of BEGINNING.
CONTAINING 0.809 acres and being all of Lot No.2 as shown on said
Plan of Subdivision for Lee_ F._ Laughman recorded as aforesaid, on
which there is erected a dwelling house with mailing address of 65
Parker Road, Newville1 Pennsylvania 17241.
So much of the above described premises as lies within 25 feet of
the original cent~rline of 33-feet wide Township Road T-355 has
been dedicated ~s a portiori-of- the right of way of said Township
Road as shown on said Plan of Subdivision for Lee F~ Laughman
recorded as aforesaid.
BEING THE SAME PREMISES WHICH G. William Hemminger, III and Joyce
G. Hemminger by deed dated 6/14/96 and recorded 6/17/96 in
Cumberlqnd County Deed Book 141 Page 64 granted and conveyed unto
Walter D. Rhinehart.
TO BE SOLD AS THE PROPERTY OF WALTER D. RHINEHART ON JUDGMENT
NO. 2000 1717.
TAX PARCELi
46-09-0517-055
.
U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Inslfrance Coverage Provided)
ru
<0
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Postage $
Certified Fee
Return Receipt Fee
m (EndQrsement R~ul.red)
t::l
1::1 Jllestr1c.ted .DelklHY_ Fee
o (Endorsement Required)
~ TotaCPostage &: Fees $
=r
IT!
a- ~ \AI AL TERD RHINEHART
a- 250 NORTH BALTIMORE STREET
~ MTHOLL Y SPRINGS PA 17665-
" . -.
.
.
.
Homeside v, Rhinehart
Cumberland Sale 9/6/00
U. S. POS'I'AL SERVICE
CERTIFICATE OF MAILING
(In compliance with Postal Service Form 3877)
Received from:
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
Postage:
One piece of ordinary mail addressed to:
Walter D. Rhinehart
250 North Baltimore Street
Mt. Holly Springs, PA 17065
Postmark:
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In comp1ianc~withPostal Service Form 3877)
Received from:
Purcell, Krug& Haller
1719 North Front Street
Harrisburg, PA 17102
Postage:
One piece of ordin~ry mail addressed to:
Green Tree Consumer Discount Company
332 Minnesota Street
Suite 610
St. Paul, MN 55101
Postmark:
._~
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In compliance with Postal Service Form 3877)
Received from:
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
Postage:
One piece of ordinary mail addressed to:
DarIa Rhinehart
65 Parker Road
Newville, PA 17241
.=: 0 .75:;:
Pi>-
0763565
.
u. S. POS~~ SERVICE
CERTIFICATE OF MAl LING
(In compliance with Postal Service Form 3'877)
Received from:
Purcell, Krug & Haller Postage:
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addressed.to: Postmark:
Domestic Relations Office
Cumberland County Courthouse
Hanover and High Stree.ts
Carlisle, PA 17103
.
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STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
} 55.
Robert P Ziegler
~ __________________________________________________________________________~---Ilecorderof
Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which _n__________d_
_________~~~_r_e:~~~L_~~_~~~.:>_~~~_~__q~~ ar:.-E e~e: lo!'.:n_':.~~__<:.~~ a ~~~ n&.._~__C_________ is the grantee
. 6th
the same having heen sold to saId grantee on the ______________________________________________ day of
September xx2000
_________________________________ A. D., 19________, under and by virtue of a wriL_____________
Execution . d th 13th
_______________________________________________l~ue on e_______________________________~_____
xx2000 .
day of __.JuUe.._____________d__ A. D., 1"______, out of the Court of Comman Pleas of saId County as of
Civil . xx2000
_________________________________________________________________________________ 1Lenn, l~_______
Number _X~,!?________, at the suit of __!l_'<'!'~2_~cl.~_~_~~iA!L!P._"___2.3.!!U?a':.~~E_~_~!:l>._g;!-------____
_ __________________________________ against___ _ 'i!~_~~::_E__~~_i_~:~!'_~~_______~~_________________ is
duly recorded in Sheriff's Deed Book No. __~~~_d___~' Page ___?_~~_____.
IN TESTIMONY WHEREOF, I have hereunto
~
set my hand and seal of said office this .d..L______ day
of _n~____ ------7J1~~---- 1\ D.
- -4/------ - - - -- -
, co er Deeds
IlocInIer " lleedI. Ceu . CIrIsIt. M
My QllnIlliSlilla E1pira till Finl........ 11..._
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,
Homeside Lending, Inc, successor by merger
To Barnett Mortgage Company
-vs-
Walter D. Rhinehart
In the CourLof Cornmon Pleas of
Cumberland CountY, Pennsylvania
No, 2000-1717 Civil
Brian M, Barrick, Deputy Sheriff, who being dul.y sworn according to 1. aw says on
July 28, 2000-at6:37 o'clockP,M. EDST, he s.erveda true copy ofreal Estate Writ
Notice Poster and Description in the above entitled action upon The within named
defendant to wit: Walter D. Rhinehart, by makin gknown unto Walter Rhinehart at 234-C
Baltimore Street, Mt Holly Springs, Cumberland County, Pennsylvania" its contents and
at the same time handing to him personally the said true and attested copies of the same,
J Michael Ickes, Deputy Sheriff who being duly sworn according to law, says on July
13, 20(Jo--at 10.:49 o'clock A,M, EDST, he posted a copy of Real Estate Writ Notice
Poster and Description on the property of Walter Rhinehart located at 65 Parker Road,
Newville, Cumberland County, PefulS5'lvania according to law,
R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the
above Real Estate Writ Notice Poster an I)escription in the following manner: The
Sheriff mailed a notice of the pendency of the action to the within named defendant to
wit: Walter D, Rhinehart by regular mail to 234 C North Baltimore Street, Mt Holly
Springs, Pennsylvania. This letter was mailed under the date of July 31, 2000 and never
returned to the Sheriff's Office, _ ___ . ._
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due
and legal notice had been given according to law, exposed the above described premises
at public venue or outcry at Court House, Carlisle, Cumberland County, Pennsylvania on
September 6, 2000 at LQ:OOo'c!ock A.M,EDST and sold the saIDe for the sum of$ 1.00
to Attorney Leon P. Raller for The Secretary'ofllousing and Urban Development of
Washington, D.C., his successors and/or assigns, It being the highest bid and best price
quoted for the same The Secretary of Rousing and Urban Development ()fWashington
D,C., his successors andlor assigns being the buyer in this execution paid to Sheriff R,
1110mas Kline the sum of$ 1,083.89 it being costs. - -
Sheriff's Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
County
Mileage
Certified Mail
Levy
Surcharge
Law Journal
Patriot News
30,00
21.25
15,00
15,00
30.00-
10.00
.50
1.00
11.78
1.38
15.00
20.00
442.1 0
395.85
Share of Bills
Distribution of Proceeds
Sheriff s Deed
23.53
25.00
2.6..2Q.
$ 1,083.89 Pd By Atty
9(22/00
Swom.and Subscribed To Before Me
This .;l!,/J'8Day of J.Du,~lu.,
2000, A.D. Skill. (2~)<<'
Pr notary
~~~~,
R Thomas Kline, Sheriff
By ~iuu.i J!Li!t:
Real Estate Deputy
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:"",-"'~At <.STATE1;ALENo. 55
..."...--- ,Writ No, 2000-1717
~_ Civil Term
Homeside Lendlng, Inc.,
Successor by MergerTo
_ c Barnett Mortgage
, - Company
, vs
Waite! O. Rhinehart
. ,,__' Attv:,teon p, Haller
DESCRIPTION
~':-:~~h.~ee:tain tr<let of land situate i.n
~t---rennsoOIO To.....nship, Cumberl,md
g>l.lnty;--.'Pennsyh'ania, bounded and
'"aeSCfibed in accordance with Plan of
.~fidil,'isi()n (or Leo F. Laughman, prepar~d
lidltQraas Ahin NI!ff. Registered Sun-eyor,
~~~--~!Y- 23, 1977, i1 ~opy of sai~ l'l;m
~ Been recorded In the hereinafter
~d Recorder's Office in Plan Book 35,
~64. as follOws:
~~_BEGINN(~G at il spike in the original
~crline-of 33~feei wid-c Township RoadT~
~-anne dldding lint! between lots Nos. 2
-;n,.d3 as shown as said Plan of 5ubdi~'isi()n;
NlliCCfromu said spike at the Place of
B~gffin1!1g <?-loii..,fUle said centerline of 33-
feet- "..-ide TOW:1Ship Road 1-355, South 80
~s- 38 minute::> 50 seconds West. a
"ili$fance of One HundT.cd Fiity (150) f~t to
a'sp1ke at a corner of land retained Lee F.
'Laughman and wife; thence illong line of
~and retained by Lee f. Laughman, the
io~g..two (2) courses and distal'KfS: (1)
~ 09 -degrees 21 minutes. 10 seconds
West; a distance of Two Hundred Thirty-
..Jj.l:eJ.235}Jee.t- to an iron pi!,!; and 2) North
'$0 degrfes 38 minuteS 50 seconds East.. ,.t
distance- of One Hundred Fifty (1S0) feet to
~rr-p1n..ill tht.' diddinglil;e bet\-I,'\?fn Lot
~:.2 .and 3 as shown on sajd Plan of
~sroil;- thence- along sa.id dividing
-line betw~en said Lot Nos. 2 and 3 as
shown as said Pian o~)lbSUVisiol'l.5outh 09
P~$-2t-.r:ninllt~.lQ seconds East, a
~tan.ce of 1wo, Hundred Thirty.five (235)
hri-t'1o a spike jn the orightal centerline of
~eet-l!-'id.eJfJ;~nshjp Road 1-35.5 al the
"1'!aCi of 8EGI~NING,
,~. - ,--=CONT AlNi:-':C 0.809 acres and being.
!:a1tOLrot No.2 as shown on &1id Plan of
~U5iO-ii (0.1: .Lee L~.&hn\an rec.orded
~ oreSJ.rd~-on \~'hich there i5 erected a
~-wem:ng house with mailing address of 65
~ryer ~ad, Ne_w\'i!l~ feJY15Y!x.ania17241.
~._ .~ rnud1~ ,of ..th.~ 3;bq<:e,-desoibed
~_lies t.o,1thin ~.lc~ of the
_ _ aI centerline' of 33-feet wide
~mWiP Road T.35~ }la_~ ~en.dfdicated as
~o ion of ~ ~he ._nghl"9f.w~y _of. said
- ,icwnshlp RQad as shown on said Plan of
'~lIf1h'ision fo~' Lee f. Laughman recorded
~~fures.tid.',
~""'"BtD\t th~ i :,.'lIne_ p~e;;'is~::. .....hkh G.
""-'::!ylliiam Remmlnger, 1U and JOYct.' G.
~;;mmTns:er bj dt;~4 datrd 6/14196 and
~ ~re.corded 6f17l96 in Cumberland County
~ Book 141 Page 6~ granted and
J...'dID;eyed unto \Vatll.'t D.Rhineh.ut.
"-~_10 g_~OLDa) the property cfWalt~f
~ ~t'hart on Judgment :-..10. 2000.1717.
~" TAX PARa!.: 4b.{J9-u51; ,055,
~
.'--..
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of
Publication
Under"ct No. 5'87, "oDroued May 16.1929
Commonwealth of Pennsylvania, County of Dauphin} ss
James L. Clark being duly sworn according to law, deposes and says:
That he is the Accounts Receivables 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 Cify of Harrisburg, County of Dauphin, State of Pennsylvania, owner and pubiisher of THE PATRiOT.
NEWS and THE SUNDAY PATRIOT-NEWS newspapers of generai circulation, printed and published at 812 to 818
Market Street, in the City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS
were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously
published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their reguiar daily and/or Sunday and Metro editions/issues which appeared on the 1 st, 8th and 15th day(s) of
August 2000. That neither he nor said Company is interested in the subject matter of said printed notice or
advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowiedge of the faots aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Misc~neous Book "M",
Volume 14, Page 317, 4 !..
PUB~b~TION swo~-;'-~nd ~:~~~~~-i~~-~-:-~;;;;-~-- of Au
SALE #55.
Notarial Seal . /"
Terry L. Russell, Notary P lid' /'
Harrisburg, Dauphin County
My CQmmission Expires June 6, 2002
Member, PennsylvanIa Association 0 Notaries
N TARY PUBLIC ..
ission 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 $
394,35
1.50
395,85
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, THE PATRIOT-NEWS CO,
By..........,........................................................,
REAL ESTATE: SALE NO. 55
Writ No, 2000-1717 Clvtl
Homeside Lending. Inc..
Successor By Merger To
Bomett Mortgage Company
vs,
Walter D, Rhinehart
Arty,: Leon p, Haller
LEGAL DESCBIPTION
AlL that certain tract ofland situ-
ate in West Pennsboro Township,
Cumberland County. Pennsylvania.
bounded and descnbed in acco~
dance 'With Plan of Subdivision for
Leo F. Laughman, prepared by
Thomas .Alvin Neff. RegiStered Sur-
veyor, dated May 23. 1977. a copy of
said Plan haV111g been recorded 1n the
here1nafter named Recorder's Office
in Plan Book 35. Page 64., as follows:
BEGINNING at a spike in the origi-
nal centerl1ne of 33-feet wide TOVlIl-
ship Road T.355 at the dividing Ime
between Lots Nos. 2 and 3 as shown
as said Plan of Subdivision; thence
from said spike at the Place of Begin-
niI1g along the said centerline of 33-
feet Wide Township Road T-355.
South 80 degrees 38 ro1nutes 50 sec-
onds West. a cUstance of One Hundred
Fifty (150) feet to a sp1ke at a comer 1
of land retained Lee F, Laughman .
and wife; thence along line of said
land retained by Lee F. T .::11 Tenn1:Jn.
the following two (2) courses and dis-
tances: (1) North 00 degrees 21 min-
utes 10 seconds West. a distance of
Two Hundred Thirty-five (235) feet to ,
an iron pin; and (2) North 80 degrees
38 minutes 50 seconds East. a dis-
tance of One Hundred Fifty"(150) feet -'
to an iron pin at the dividing Une
betvieen-1ot Nos; 2 and 3 as shown
on said Plan of SubdiviSion; thence
along said dividing Ime between said
Lot Nos. 2 and 3 as shown as said
Plan of Subdivision. South 09 de-
grees 21 rn1nutes 10 seconds East. a
distance of Two Hundred Th.1rty-five
(235) feet to a spike in the ortgtnal
centerline of 33-feet Wide Township
Road T -355 at the Place of BEGIN-
NING'
CONTAINING 0.809 acres and be-
ing all of Lot No.2 as shown. on said
Plan of Subdivision for Lee F. Laugh-
man recorded as aforesaid, on which
there is erected a dwelling house With
mailing address of 65 Parker Road.
Newville, Pennsylvania 17241.
So much of the above descrtbed
premises as lies within 25 feet of the
original centerline of 33-feet Wide
Township Road T -355 has been dedi-
cated as a portion of the rtght of way1of said Township Road as shown on
said Plan of Subdivision for Lee F.
Laughman recorded as aforesaid.
BEING TIlE SAME PREMISES
WHICH G, William Hemminger. III
. and Joyce G_ Hemminger by deed
dated 6/14/96 and recorded 6/ 17/96
in Cumberland County Deed Book
141 Page 64 granted and conveyed
rmto Walter D. Rhinehart.
TO BE SOLD AS THE PROPERTY
OF WALTER D, RHINEHART ON
JUDGMENT NO, 2000-1717,
TAX PARCEL: 46-09-0517-055,
,.
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No, 587, approved May 16, 1929), p, L.1784
STATE OF PENNSYLVANIA :
S5.
COUNTY OF CUMBERLAND :
Roger M. MorgenthaI, 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
Joumal on the following dates,
viz:
JULY 28, AUGUST 4, 11,2000
Mfiant further deposes that he is authorized to verifY this statement by the Cumberland
Law Joumal, 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.
~
I .
Roger M, Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
11 day of AUGDST. 2000
NOr"'~~
LOIS e. SNYDER, Notary Pubk
Cariiol. IIoro, c..mberland County, P'"
My Commiuion Expiret. March 5, 2001
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~- -or -
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HOMESIDE LENDING, INC.,
SUCCESSOR BY MERGER TO
BARNETT MORTGAGE COMPANY,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
NO. 2000 1717 CIVIL
WALTER D. RHINEHART,
DEFENDANT
IN MORTGAGE FORECLOSURE
\
AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1
The Plaintiff in the above action, by its attorneys, Purcell,
Krug & Haller, sets forth as of the date the praecipe for the writ
of execution was filed, the following information concerning the
real property located at 65 Parker Road, Newville, PA:
1.
Name and address of the Owner(s) or Reputed Owner(s) :
Walter D.
250 North
Mt. Holly
Rhinehart
Baltimore Street
Springs, PA 17065
2. Name and address of Defendant (s) in the Judgment. if
different from that listed in (1) above:
SAME
3. Name and address of every judgment creditor whose judgment
appears of record on the real property to be sold:
4, Name and address of last recorded holder of every mortgage
" of record:
PLAINTIFF HEREIN
(AND ANY OTHERS AS NOTED BELOW) :
Green Tree Consumer Discount Company
332 Minnesota Street
Suite 610
St. Paul. MN 55101
5. Name and address of every other person who has any record
lien on the property:
UNKNOWN
I:\HOME\MJ<F\OOCS\CUMBERLA\RHINEHAR.PTF
../
-~---~
"
6 .
interest
sale:
Name and address of every other person who has any record
in the property and whose interest may be affected by the
,
UNKNOWN
7. Name and address of
Plaintiff has knowledge who has
may be affected by the sale:
every other person of whom the
any interest in the property which
.
.
TENANTS IF ANY ...
DarIa Rhinehart
65 Parker Road
Newville, PA 17241
DOMESTIC RELATIONS OFFICE
CUMBERLAND COUNTY COURTHOUSE
HIGH AND HANOVER STREETS
CARLISLE PA 17013
(In the preceding information, where addresses could not be
reasonably ascertained, the same is inqicated.)
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge, 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
fa'aification to authoriti"". ~
Leon P. Haller EA I.D. #15700
Purcell. Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: June 12, 2000
"
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,
HOMES IDE LENDING, INC.,
SUCCESSOR BY MERGER TO
BARNETT MORTGAGE COMPANY,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
NO. 2000 1717 CIVIL
WALTER D. RHINEHART,
DEFENDANT
IN MORTGAGE FORECLOSURE
\
NOTICE OF SHERIFF'S SAL&_QF REAL_ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIV:tLEROCEDURE 3129
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be
held:
DATE:
WEDNESDAY, September 6, 2000
TIME: 10:00 O'clock A.M.
LOCATION: Commissioner's Hearing Room
2nd Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal
description mainly consisting of a statement of the measured
boundaries of the property, together with a brief mention of the'
buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
65 Parker Road
Newville
CUMBERLAND COUNTY
PENNSYLVANIA
THE JUDGMENT under or pursuant to which your property is being
sold is docketed in the within Commonwealth and County to:
No. 2000 1717
THE NAME (S) OF THE OWNER (S) OR REPUTED OWNERS of this property
is:
WALTER D. RHINEHART
.,J
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A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to
receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for example,.'to banks that hold mortgages
and municipalities that are owed taxes) will be filed by the
Sheriff of this uCourity thirty (30) days after the sale and
distribution of t:he proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the date it is filed.
'.
Information about the Schedule of Distribution may be obtained
from the Sheriff of the Court of Common Pleas of the within County
at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE 'I'HERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SO~D OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being
taken away. 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 PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
717-243-9400
THE LEGAL RIGHTS YOU MAY HAVE ARE:
I, You may file a petItion with the Court of Common Pleas of
the within County to open the judgment if you have a meritorious
defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if
you are aware of a legal defect in the obligation or the procedure
used against you.
2. After the Sheriff's Sale you may file a petition with the
Court of ,Common Pleas of the within County to set aside the sale
for a grossly inadequate price or for other proper cause. This
>/
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petition MUST BE FrLED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3, A petition or petitions raising the legal issues or rights
mentioned in the preceding paragraphs' must be presented to the
Court of Common Pleas of the within County. The petition must be
served on the attorney for the creditor or on the creditor before
presentation to the court and a proposed order or rule must be
attached to the petition.
If a specific return date is, desired, such date must be
obtained from the Court Administrator's Office - Civil Division, of
the within County Courthouse, before a presentation of the petition
to the Court.
A copy of the Writ of Execution is attached hereto.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
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LEGAL DESCRIPTION
/
ALL that certain tract of land situate in West pennsboro Township,
Cumberland County, Pennsylvania, bounded and described in
accordance with Plan of Subdivision for Leo F. Laughman, prepared
by Thomas alvin Neff, Registered Surveyor, dated May 23, 1977, a
copy of said Plan having been recorqed in the hereinafter named
Recorder's Office in Plan Book 35, Pa~e 64, as follows:
"
DEGINNING at a spike in the original centerline of 33-feet wide
Township Road T-355 at the dividing line between Lots Nos. 2 and 3
as shown as said Plan of Subdivisioni thence from said spike at the
Place of Beginning along the said centerline of 33-feet wide
Township Road T-355, South 80 degrees 38 minutes 50 seconds West,
a distance of One Hundred Fifty (150) feet to a spike at a corner
of land retained Lee F. Laughman and wife; thence along line of
said land retained by Lee F. Laughman r the following two (2)
courses and distances: (1) North 09 degrees 21 minutes 10 seconds
West, a distance ~f Two Hundred Thirty-five (235) feet to an iron
pin; and (2) North 80 degrees 38 minutes 50 seconds Eastr a
di.stance of One Hund);ed F~fty 150) feet to an iron pin at the
dividing line between Lot Nos. 2 and 3 as shown on said Plan of
SUbdivision; thence along said dividing line between said Lot Nos.
2 and 3 as shown as said Plan of Subdivision, South 09 degrees 21
minut.es 10 seco~ds East, a distance of TWO' Hundred Thirty-five
(235) feet to a spike in the original centerline of 33-feet wide
Township Road T-355 at the Place of BEGINNING.
CONTAiNING 0.809 acres and being all of Lot No.2 as shown on said
Plan of Subdivision for Lee F. Laughman recorded as aforesaid, on
which there is erected a dwelling house with mailing address of 65
Parker Road, Newville, pennsyivania 17241.
So much of the above described premises as lies within 25 feet of
the original centerline of 33-feet wide Township Road T-355 has
been dedicated as a portion of the right of way of said Township
Road as shown on said Plan of Subdivision for Lee F. Laughman
recorded as aforesaid.
BEING THE SAME PREMISES WHICH G. William Hemminger, III and Joyce
G. Hemminger by deed dated 6/14/96 and recorded 6/17/96 in
Cumberland County Deed Book 141 Page 64 granted and conveyed unto
Walter D. Rhinehart.
TO BE SOLD AS THE PROPERTY OF WALTER D. RHINEHART ON JUDGMENT
NO, 2000 1717,
TAX PARCEL:
46-09-0517-055
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEAlTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO, 99-1717 CIVIL~ TERM
CIVIL ACTION - LAW
TO THE SHERIFF OF rnmhPrl ;'lnn
To satisfy the debt, interest and costs due
COUNTY:
Haneside Lendinq, Inc. successor by merger to
BArnett MnrtgAge CnnpFmy
from Walter D.Rhinehart
PLAINTIFF(S)
250 North BAlf,more Street. Mount Hollv Sorinqs, Pa.17065
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell
Real Estate: 65 Farker Road. Newville. Fa. 17241
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
GARNISHEE(S) as follows:
- .!""
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of tile defendant(s) or otherwise disposing
thereof;
(3) If property of the defendant(s) notlevied upon an subject to attachment is found in the possession of anyone other
than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above
stated,
Amount Due $ 73,829.25
Fran 9/06/00
Interest 2 .181.98 at 513.81
Atty's Comm %
Atty Paid 11].. 78
Plaintiff Paid
Date: - June 13, 2000
LL
Due Prothy
Other Costs
Late Charqes
Escrow Deficit
o. $ 0.50
1.00
.96.12 at $24.03
2,000.00
,Curtis R. Long
Prothonotary. Civil Division
by:
~,,--<-{2_~
Deputy
REQUESTiNG PARTY:
Purcell, Krug & Haller
Name Leon P. Haller, Esq.
rRUE COpy FROM RECORD
In Testimooy whereof, I here unto ~ my hand
and too ~l of said ~ at Carlisle, Pa.
ThiS?f.t day~: ~
. ,,,_ t2. ~
Pr.atbDllotar:v-
Address:
17]9 North Front Street
HArrish1Jrg. Pa. 17102
Attorney for: Plaintiff
Telephone: (717)234-4178
Supreme Court 10 No, #15700
,
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REAL ESTATE SALE No.s5-"-
On ~ j~. ~ the sheriff lel/ioo upon the clsfendam~
interest in the real property situated in /j~.f-;l~ ~Ul~ d~
Cumberland County, Pa., known and numbered as: ;'5 g A f~ It.../
/fVP^"fJ4 - and more fuily described on Exhibit "A" filed with
this writ and oy. this. reference incorporated herein.
',le: (l- - .7f - '?n. ~~
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