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Home My WebLink About00-05799 " ' - '> ~,"~ "'-" ~, "'~ lo." iilil BOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No.O()-57QQ ~ ROYAL T. FREEMAN AND KATHLEEN FREEMAN Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE 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. NOT ICE 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 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 or property or other rights important to you. ' YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUmberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. S Irvine Row, Carlisle, PA 17013 717-243-9400 A V ISO LE BAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED 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), 215-238-6300. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. S Irvine Row, Carlisle, PA 17013 717-243-9400 -"'. " H< l IT HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. vs. ROYAL T. FREEMAN AND KATHLEEN FREEMAN Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 91601: 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 (30) day 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 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff , ,--. -; , .~'" -" .'-" ,-- ~ --,~, HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. vs. ROYAL T. FREEMAN AND KATHLEEN FREEMAN Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE COM P L A I N T l. Plaintiff, HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP., is a corporation, with an address of 8120 Nations Way, Building lOO, Jacksonville, Florida 32256. 2. Defendant, ROYAL T. FREEMAN, is an adult individual whose last known address is 805 ERFORD ROAD, CAMP HILL, PENNSYLVANIA l70ll. Defendant, KATHLEEN FREEMAN, is an adult individual whose last known address is 805 ERFORD ROAD, CAMP HILL, PENNSYLVANIA l70ll. 3. On or about February 23, 1996, the said Defendants executed and delivered a Mortgage Note in the sum of $74,752.00 payable to BANCPLUS MORTGAGE CORP., which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. Homeside Lending, Inc. is Successor by merger to BancPlus Mortgage Corp. Said Mortgage is incorporated herein by reference and attached hereto and marked Exhibit "B". ',""__,-< ''',,"-^C''^ 'M""'-'" ";"<^'^'-" ,,'~ ,"^,~",~l"_'_' .',;.-~,..~, ,I ""', 5. The land subject to the Mortgage is: 805 ERFORD ROAD, CAMP HILL, PENNSYLVANIA 17011 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on March 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 71,449.48 (b) Interest at $13.70 per day from 2/1/00 to 9/1/00 (based on contract rate of 7.000%) 2,904.40 (c) Accumulated Late Charges 129.32 (d) Late charges at $24.35 per month for 7 months 170.45 (e) Escrow Deficit 394.43 (f) 5% Attorney's Commission 3,572.47 $ 78,620.55 *Together with interest at the per diem rate noted in (b) above after September 1, 2000 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. o'"r ., - ." ~ -~, ""'~ '-' ',,-' '~ 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. Defendants are not members of the Armed Forces of the united States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in Mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.000% ($13.70 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 described. BYPUR~~ Mon P. H r Attorney for Plaintiff I.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 . ~ - -. ~'. '~ '~""', ~""N" .;'~ "~ "'-,>iV"" ="'" ',;;: QI ~:l-1l ',: CERi!FIED TO BE C ...... ... .. ... ATiWE con .i%f~51;\~1~rrJi=t ....'.'1;nD'"'" . ... ............ .~~~:~:~.~1I '.. ...MORTGAGE NOTE ;,,\::,,;:,,-.):,\;,-*'/t-;i:':-'..;~'i"': ':':, ':,,';: ":":"i'~,,:,;,:;,:,;~':"'~i;-,~;:(,.'~;"{i"'~:'i,l~,:/-' ~.07;,~~" ,: ':'" "'::" "~,,,::;:' "," .- <';(1~:rHISftl~~Il<i)'ANJt~t~ t." .N(i)T~a~~t!XSSUM~BLE .........WI:rI:lOu.tE~~rHE;~,~.AIU!RQMA\ILZ;;t~OF...........rHE DEPARTMENT{OEt,:,VETER~NS:'AFFAIRS .Q6.~,I1"Si'f~QtHO~IZEDiAGENT. . '.'"". ;"~:;'~~~;~;~?:~;--~'.''':''':::;;''\~;'Y',~-,''::f}.:}~:;,... ".., "~";:"'::",i: ,'.-, '.,' ;.' '." ",:'c;~;~,:"'HltL .$74,75.2.00.' . FEBRUARY 23 . J r PENNSYlVANIA LN It: 10848982 VA It:l06~506180 , Pennsylv'ania , 1996 ,.. . "-,':"-',.<<:"',', ' ,," , :.::;/"L'~,FoR,VALue RECEJVED~ the undersigned, ';ROVAt"i/ffiEEMAN;;'i)'..';;.. ,.... .. .. ~ENi,-. FREEMAN.....' '..' " "'8!'~i.~fter: c_al!ed }I}!" ~er~ pr~i:;es, to pay to BANCPLUS MORTGAGE CORPi...... . . . . - .. ~;~oF"~er,;~.-~" eC?rpC?,~~~i~_~>~~;~d,~"e~is,tin9 under the laws of, ,91e,' STATE OF TEXAS ;;:::~,,~~(~i~f!!r.,~~~~~i~1!~; ~~,~~,.e,~ye~~.\.~~; prJ.,:\cipal sum of - --;... - - - - -.,; - - - - - - - -- - - - -- .,,)" SEVENTY, FOUR,.TIIDUSAND. SEVEN' HUNDRED FI FTY:TWO. ANDNDI100--------- '. '. '::~~~I?~J!,a.r,..t..($,;7A. '~.7525!OO~'~-.;,;;.'~),'~lS\,~~~;in.t,er.e,s~, f,rom date at the,rate of --------..----- . ':':" SfVEN~~ ::'_ ~ ;':'~~;;;''::~'';;; ";,,,~';:.-.;:';;;<;"~ ::;:,;~'t~;::~ :l':';;'...;:' ~ -'-':' - -'..:...,. _.:. ,;.: ";'';;, :..,..:. ...'.:; - -.;.........:...:.- -'_.. _..- P....,~{i~~~',;,17';OOO..;.;.;.;.~-.....;.:;;,"'):": p~r."~' on the unpaid, balance until paid The said Pf.,~ll?pt~,:"!n!~r.!~~M~Y<~J~a,y,~~;"~~,c.~,a::offlce of., . -': "', """: " " ' BANCPLUS..MORTGA!>E'CORP:'1ih''''';'i';!.'.. . ."n SAN ANTONIO. TX . '![~i~~~"~~,;[~i!"78216'.'- ~:~itin~i~)T\,'\~~!r;i~~IT~ts,~f- ---- -. -- ... fPUR .HUNDRED,NINEl .. --------~--------.-----------. ~:.({;; ,g2~~.~(!:497.~ 3g~~~40~JlIE" ~i~on:~ th~. <f.ir~,t;~~~'f~; ~,fr APRltif1996"if<i-,h\'",,;, ' ", ',~":f>, ,a..,d.. on' ttieI first"dauT of~'eid1""'m rrUritU the ~ Principal.'-' and; intereSt' arB: fully' paid. :' ,,':!.c":"(~~'exc~pllthatnhe'ffr~"'~~~M"""'~$Qfr "i~ebtEldnes~r~dencedtil8ieby}{ if.' not "'Sooner . .;~~~t~~i,t~$~:ii~~~.laiii:;!:;VJN:~~~1t~~~~~~;~r,,;..,the.' entire .,,,,,,.In!lebledJiess, 01\: any,. PNt;::\f1eroo.ff.nol,Jess ,. then.. tho. ."""',,"-1; .of,.ooo-. fl)S.~t,,'.or One . .."';~:Ji"'1!!!,ecli Dol!",s:l~ 1I)O.O()~t;,.!)!",oYer~.,~;,.\es";.!'ro~aYlJ'~~I\.'~;fulI. sha)l.bo' c;reo.lod on . tho :':S:.~~~t~,i~~C?,!!iv~ ~',,~an:,i~X p:epaV~~t'W ()tf:I,~,/, tnir'f__: on' ~ ,..tns,lall~.ent,' :,dl.!e'i~ dat~~n'eed" not- be .... .... crodil"'l; ~I,I; the:. '.f"""w;ng)nstall",ept' dlJe dato or thi~;. ~y~.~ft~;~},{epaym.nt" ve,?, IS" ~~!. "~~t-9r'~'d' th.. ..is:: ~e...~~~;t~~.~t~y" ::":'~~(~ ~~tf{~~~,e~' . anthd e :"upon-,:ce ,", e Co'un ' :0'. f""1,"' . " ~-' ',-- .~t:y;'f;..~ "'~"$Zi'~~ .' ~ , ...Sfl'ti>.d~sc{L ...!l, . ," .e~y;~"r.~!~{"-~'{l{J, ~,ts, pro ~. purations'lr< '. ,~rt,'len,~ . ,m-said.:<'i:k'>" -,"", J~-&( to~ be-t keptr. e Maker are her de~ $ Note to - ;";i~iltfie ame'extentand~ ~,- ,"'-d"effect'asif- .were'f ....Orthherein. ""t-M;ralici:tfie>Maker!co'~enan Va9f:e~tb~peC-form the's&M;" bai.ise-. ~sameJto'be kept . _ ";:i-' anaperformed.l strictlY' in:aCCor~r\YIth':"' the" t8rmS and Prov~slons,?!re('eoJdJiK#f:~\ ,~~~, The whole of the"pri1cipal sum, or any part thereof. and of any other ~s of money secured by the Mortgage' given' to-~'securo this Note, shall;' ,fOfthwi~ ,at; the 'option,' of the Payee or any subsequent holder thereof. become due and, payable immediately, without .- . ".A'I :;:: '/. 0...v Ii I ! \. I I I \ I o L996 0 1/96 Page 1 of 2 - 0.<' '''-',hi, Go ;1';'~~~':~ t ,t.- notice or demand if default be 'made in any payment t..""lde(' this Note. and if the default is. not made good, prior to'the due date or the next such'installment; or upon ~e' happening of any default ',which., by the terms ,of the lVIortgaga given to secUre' this Note; shall entitle the, Payee. ar: any subsequent holdu hereof. to declare the same, or any part thereof, to b~ due and payable. ..'-', .' '. ,'. . , The' Maker{doss;,' hereby empQwer 3J1V attorney of any court, of record within the United States or'elseWhere to appear for Maker; wi1h' or ',;...ithout,a declaratiOfi"filed. and confess judgme~t, or judgments. against said Maker in favor of !he Payee, or any subsequent holder her~of., as, of any term. for the antics iJnpaid principal. of this Note. and all uther. sums paid. by the holder hereof to or on behalf of tha Ma)o'!f pursuant to the terms of this Note or s;a;d. Mortgage. and all arrearages of interest therEion. together with costs of, suit att~y's commission of F. no-------"'. for collection, and a ra'ea~e of all errors, on which judgment execution or executions may issue forthwith. The maker hereby waives the.. righ~,:' of.: inquisition . on all property levied upon to collect' the indebted!16ss evidmced hereby'and does ,voluntarily condemn the same"and authoriz.es the Prothonotary to enter such condemnation, and waives and releases all laws, now 'in forca or, hereafter enacted, relating ,to'- exemption. appraisement or stay of execution The, agreementS' herein contained snail bind. and the benefits and advcntages shall inure 1(.'" the, r:espective succe,ssors and assigns of the parti,es hereto. Wherever used, the singular number -' shall ;inelude the plural. the plural the singular. and the L!se of any gender shall be appl;cab,le to all 'genders. ' IN Witness WHEREOF, the Maker has caused. ~ese presents to b~ executed unde( seal the day and year first above written. PROPERTY ADDRESS: 805 ERFORO ROAD CAMP HILI. P A \7011 MAILING ADDRESS: 805 EP.FORD ROAD r AMP HIll. P A \70\1 . . , Si"g'nedi:,'Seal~d and delivered in the Pr.esence of: . .::"'1.' B~~9wer(s~ .,.. Ji' .'~ .ti:1J~~lt~t[Ni,'0'*' ,liA.'/! , ---;::t., j ,......- L,J...' ~. i.l-~l-t;~. (Sean Witness{est. L. ......,..,-/..;!':./l.,..-t:.....,; / (Seal) l~ ;..~'<'~ f :.' } $, ~, ~, ;'n'~ : 'j'; . ~7-./._e::/_,.J KA TH N. FREEMAN Witne5~(e5t . 'Q- r-"../", ,-~ ---' . '," --.....<., , , Witness(es): ~.tr~~~~{;~~;;:: \ ...,'--......-, (?~&l ~ :~3:~~;7%~~~', .;,..,\.. .-,',' -:.:;~,'<'.". .........fl.:-.".'I"" .:,;:~ , , ' ',~.>.: '..;,--.'~', '''''' , <L , ,;~':~;~'Af:,1' ;'ll>."!:"ili/ '-!::,;~,:~j:~] j , :'.~{r~~;',~~,~;~::~~, >..0.'. ISeal) Witnes$(es): 8~."" ? :1\ 7. ~" , "~" ,"" ,~. -'. " '.' _ c~. < ,',> ~"~ ",-.j~:.t:" " . ., , ,~I. 'c., ,.j; "it' ;~ c ( ~ :r ',I . . ALL THAT CF.R'I.....~." tract or pa'rcel of land situate, lying and being in the Township of East Pennsboro, in the Co~nty-of Cumberland and cOIffillonweal:-th of Pennsylvania, more particq.larly described as follows': i ,', B.EGINNING. at., a point on the Easi:erly line of Erford Road,- which . point .is_ i42~"15':feet soutt. of "the .southeast,'corner, of arford Road and DtillesfDrive"and at dividing ,line betweeri'Lets 2X and 3, Block L, on the hereinafter mentioned plan of Lots; thence along said dividing line, Nor+--h.,65 q.egrees 46 minutes, 51 seconds East, a distance of 1.43~1!3.',,~(;!et;to ,(I.:: p~int; thence Soutl1' 46 degrees 50 minutes East, 21 feet to, .a>~poi,nt',at: ,dividing line ,r"etween Lots"3, and 3X; thence along said'divlding line, South' 54.degrees 05 minutes West, 149.27 feet to a point on' the Easterly line of, Erford Road aforesaid; thence along same in an arc having a r.adius of 244.90 feet in a northerly direction to tqe 'right, 50 feet to a point, the place of BEGINNING. BEIliG Lot No,. 3, Block L" Plan 14, Ridley Park, as r acord:id in subdivision' Plan,' Book 21; Page. 11'. . . .! ;A I' tv J11{J If "u p~' <'" ,j "11\ . . 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 IN MERGER TO BANCPLUS MORTGAGE CORP. that said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: August 18, 2000 ~/ Leon P. Haller, Esquire ~~ ~ ,,' - ",'0.._" ~~L ) ~! SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-05799 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOMES IDE LENDING INC VS FREEMAN ROYAL T ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT FREEMAN ROYAL T but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , FREEMAN ROYAL T DEFENDANT NO LONGER RESIDES AT ADDRESS STATED, UNABLE TO SERVE PRIOR TO EXP. DATE OF 9/22/00 Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 18.00 9.30 5.00 10.00 .00 42.30 ~~? R. homas Kline Sheriff of Cumberland County PURCELL, KRUG & HALLER 09/25/2000 Sworn and subscribed to before me this at!:: day of ~ ;2{)--o.o A . D . ~". Q "Ih,(J." Af{4f , Pr t onotary I ...- ~~ , "~ l-~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-05799 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOMES IDE LENDING INC VS FREEMAN ROYAL T ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT FREEMAN KATHLEEN but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , FREEMAN KATHLEEN DEFENDANT NO LONGER RESIDES AT ADDRESS STATED UNABLE TO SERVE PRIOR TO EXP. DATE OF 9/22/00 Sheriff's Costs: Docketing NOT FOUND RETURN Affidavit Surcharge 6.00 5.00 .00 10.00 .00 21. 00 ~~ . Thomas Kline -Sheriff of Cumberland County PURCELL, KRUG & HALLER 09/25/2000 Sworn and subscribed to before me a- 6- day 0 f (rJ,-:r,J,.. , this ~ A.D. 9.~. .0 FMd#,,, ;r~~ Pr t onotary , { <-" , ~l' ~ HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. (J(J-Sl19 LiO~ I ROYAL T. KATHLEEN o C ? 2~~ Zr--; N ~?:~: Co.:' r-':C"I ~- ~ THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTE~INGi: TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFOR~ONro OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF ~ ~; COLLECTING THE DEBT. -< tn FREEMAN AND FREEMAN Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE C) o ;'0:10 (;~ ,~ \.,..! -TJ -.n =_:_~:~; ~C) c'; jj ~;c5 csrn .~.; 55 -< NOT ICE 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 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 se.t forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE 'SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. S Irvine Row, Carlisle, PA 17013 717-243-9400 . A V ISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES'NECESSARIO QUE USTED, OSU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI US TED 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 USTEDCUMPLA 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), 215-238-6300. Cumber~and County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. a Irvine Row, Carlisle, PA 17013 717-243-9400 TRUECQPV FROM Re~ORD In T~ Whereof. I here untO~my banll . _ Ule seal at said Court at Carlisl8,-Pa. ~~m day ~ '{~~ ' .. . . .. Protho. lo ,,:;'," ~\ '.., Y'l I,~ 0'_ -." " - '^ _ 0' ^_ ~; ,~ ',' ," ',- _ '^ _ " ' !" -'., . HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. vs. ROYAL T. FREEMAN AND KATHLEEN FREEMAN Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 91601: 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 (30) day 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 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff ~ ... "-::- h. ',',,- -- "--'"~' ,. , ".1,. -'t", , HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. vs. ROYAL T. KATHLEEN CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE 0 D C 0 ~ ~ V 0.-::' S2 ~:t '; ~~--) Zl~ ;'0 ~e~': c.] :<::...- J:'".110 ~c:' -,,'. ~8 m 2- c..) ~ (J] Plaintiff, HOMESIDE LENDING, INC. SUCCESSOR BY MERGER FREEMAN AND FREEMAN Defendants (....) " COM P L A I N T i' ,]:Jl , ;,~1~ ,-'.~~J .)'-0 cjrn -, :r> :0 T6 1. BANCPLUS MORTGAGE CORP., is a corporation, with an address of 8120 Nations Way, Building 100, Jacksonville, Florida 32256. 2. Defendant, ROYAL T. FREEMAN, is an adult individual whose last known address is 805 ERFORD ROAD, CAMP HILL, PENNSYLVANIA 17011. Defendant, KATHLEEN FREEMAN, is an adult individual whose last known address is 805 ERFORD ROAD, CAMP HILL, PENNSYLVANIA 17011. 3.. On or about February 23, 1996, the said Defendants executed and delivered a Mortgage Note in the sum of $74,752.00 payable to BANCPLUS MORTGAGE CORP., which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. Homeside Lending, Inc. is Successor by merger to BancPlus Mortgage Corp. Said Mortgage is incorporated herein by reference and attached hereto and marked Exhibit "B". " '" '"'-"- >",,' ,~_ _ '';'''-"'_''0'_:_ ..", "_' """,1,...,.>-, . 5. The land subject to the Mortgage is: 805 ERFORD ROAD, CAMP HILL, PENNSYLVANIA 17011 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on March 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ (b) Interest at $13.70 per day from 2/1/00 to 9/1/00 (based on contract rate of 7.000%) 71,449.48 2,904.40 (c) Accumulated Late Charges 129.32 (d) Late charges at $24.35 per month for 7 months 170.45 (e) Escrow Deficit 394.43 (f) 5% Attorney's Commission 3,572.47 $ 78,620.55 *Together with interest at the per diem rate noted in (b) above after September 1, 2000 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. "-," ,,,''-.- ..>,- ,',',',-J"",' ,. '''';'e, ,.- _-" ' " .' J,,; "":~,; 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. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in Mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.000% ($13.70 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 described. PURe. ELL." .~ KR G & HALLER BY/~ .Leon P. Hill r Attorney for Plaintiff I.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 .., l~;J'v ~ ~,' '0 ','- ^ ~ - ..........' .. . . . "i,,jf2i:'zYtr\t,... ~t"\,>,,, " : "~-' . 'l"-"~;:i~~)i,~~i:;~~~~~~{..:. C' 'J~'.n."~'lil' ....... . .;:~~;':Y}:Mf~:':;:['~:;.:~~~;;%;';".; 'C,;.b , ~ . " CERTIFIED TO BE (\ " ... A T!W~ con VI\ For'';' :ze-e,,:z.. 040.... Lo.n1 .:. :1'J:"'~' Ck~ . PENNSYLVANIA R.y. M.... ,,,.. U.. Clptlonal. . ' LN #: 0848 ~:~:'~I~'~O ~=,=- u.s.c. '" ;::<<1;" .'. . . . . VA ti:'\06;'5~~~80 ..N",.""M~'"" . MORTGAGE NOTE . !'),~frW;:~I';~H';~otmu~j~~~Hj(f\Err~~A'~.PR.YO..~~~V':~(AA.)~,~UOMF1~TBHLE : ' . ,!< I~~, " ~.;t.{~~;I, '.., ...;1;:1.,.1 ,1';17; , :lv, ,...-', t.. L.;,'>,\~, ". .,..:c " E . DEfJARTMENT(OE!i'vETERANSAFF AIRS . ..;OR;~JTS:~IAUTHORIZED;AGI:NT. '":,,,~,';':..~~~jt~i~~~.:~?i;'i':""":~~:<!:~\:;~':':'.{/::J:::." ""'"''-''::,-.<'',;:. <, ',' .-.':'., ':'C~~;P~;~ILL $74,752.00 .. FEBRUARY 23 r .., I ~ P~Msylv'ania .~ """,:;";,'.'''", ' ',' .. i:;;;:/'.EOFl.VALUE. RECEIVED. the undersigned, ;..; ROYAl:"TiFREEMAN...'....'.'..!,.... .. .. KATHLEEN,;.' FREEMAN ...... , ~ .: ~\' h~~ina:fter: ~I~ed,,~,~er.. promises, to pay to BANCPLUS MORTGAGE CORPi"" . .: ~;6f-der.~.a,- C<?fPl?,~.~OJI,~~~~, ~"eXi$ting under the l~$ of,.~' STATE OF TEXAS : >~ :",:' ,.~~r~it;l!f!llri~~f!l~}~~~~; '!I~,~tru!_,,~~V,ell~.\~.~: p~J.~ipal sum of - -_:.. - - - - - -' -- - - -- - -- - - - -- ...'.\ SEVENTV(FOUR.'.THOUSAND.SEVEN'HUNOREQ FIFTV. TWO. AND 1ID1100--------- '. .:',~~.-~~~I~~iI~::~~~~~~~~:~:t;l~~;~~~~~~~~,':~~~~~:~~_~~:~1~~~ _~:~:::::::: ::: '. ",~,',: p~r.X,:c!~~J!~r; (,7 ~OOO..:;:.;.;..-.-'~ ~)"" per: annum on the unpai~. balance until. paid The said .; "it:\ princlpal.and intorest'shalJ bepavabh"at the office of . .... ..... . . . , (:};~~~ BANCPro-S~'MOR-rGAGE~mRPS"f:;~~iif.~t\~':';"'>::": ;~ in SAN ANTO'NIO. TX .;(;,:i~ .. aty 960'e~~O:;~~lh~i~"","y'~.!'s~~;~.hl~iling )?;,l"(\~~~lr;.'i;~:"I,'~~ls,,~f ____ __ ___ . iFTVfSEVE~lANDf33110D--~-------~------------------ ,';.:.!;i~~ ...y~~(t49713g~~';;'~./t_~ )a!~~E9:~:;, ~.'.f.ir~.~'~~Y,~~t"'APRIl::h;1996"*~;f.',"":,' ,.~ .....,'Y.',.. ..,d. 0", Ilia!. first'da"'of' oach'monur.. tfjofeaftor!until . the prIncIpal.' and. inlerest, ...e' fullV paid, '. ',:::~\~'f~'8xc:;'~ii18t;'the1fli41~',f"'M;..,"'''''?oi''~rentirttlridebt8dnes~>~evidSnc8CJ:~'~erebr..~;:jf;'hOt "sooner . .'. . ,P~!\.. Y., .~,.-,,,~,,,P;~I.,.ft"""I"'" ~",\,_".,..,. ',.,'., ,l:,. ...~,.-,".."","',,. ..' ,;.' . "paid,shallbadUe'Ind'.paYable.On,lher~sl daV.of.MARCH: 2026'.'",,'.. .,.. .': ... . . ~. '?,;J~~' ~r.~j(eg~:;. ~s;tt;~~r{~''"'wep'ay~8tJ 8rJy. ,time,t ~tttoyti f.(~urn~.'.or,;~ fee.,,:..tf~8,' ent!re " ':~.:;.?.Jn~~b~e~8SS, or\: any,:, ~.: tl)ereof~,""9t\Jessi,.than,. tt)o. ,~~" .ofl'.:,~" 1I)~t.',;.or One .'''\;!:.I:lundl'ed; Ool!"'7s, ~ IOo.OO~{Whlchev...l..is.less.i..Prep.aymonl.\.I" ,..f.lJil... shall be aM/tad. on. th9 ;.:.,:",~:dai8~rreC:81ved."__ PartiaF..... ........ ..:. irt;~-other~: ttiar( on an'" instilllment': due:r date;.r'!,neeeJ" not be )::':'i#~~:~~~~li:~;.?~~~\rOl~#;~,~4,;i:tr ~B dalB. ~r, ~i~~~r~;.trt~j;~:i;~aym.nt /SitriiJ/Iatl.ousI"'." '''tcUiiOiC:of:.ithls . Nola;!~Maker!, .. .8XeCUlad and ..t~ms :~;:~:o~-;.~ '~','{~~f~~~:' :~on~ .,... ..~.::~~1i~~f~'~!(:i,~! ;\::rr:" 'f..:4m";8\:.'to~.68~ke lftaiXf?"" ,edrD tti'e~e(.3re:-,he{~lr . 'e'.1",,: "C;ofl'this;'Note to.>:';' .:' . '. ..,>,.... ....:.~i".g.,g,.,~ '1 ',..;.;...~.A'..lh'" "'" ~._.,.<o'...f!l' r~""a"'..ff ct" '''f.tfj'!'.--''''''''';';:'f. ,. t.'f~"'h.'h . ":-.:!;,'iJf" URI.same: ex ent:_~.WJ :.same,O(' "an e e 'as I' 8n-.tweret ,se}, IoJIUI erstn., ~;:;;t:~;j and1'itlEE Mak,edcov8iian~ar.a:~tr"-'ee~ tO~"~' ef~ofn" the' si.ne;totrc8iise;Jne:\Same:',tO' be kept. ,;'.' ',':~':~i::'-:'8nd~'j:j'er;ormed/'stTictJy} isJ~accor~riCe~wj& the; terms and':~9vi~ioriS,; thereof~J~.J~~:\;,. . : '.:'<,~-,~,:-:,"',.' The' Whole of,thB~piiric:ipal's.c.m:~9r' a~y:"pB:rt, ther8of;'~:<of,.'af'Y: ~~e.r':~~of. 'money seCured by the Mortgage' given to:' secUro this Note.' shall,:' .fOrthWltl, ,at; the option of the Payee or any subsequent holder thereof. bet::ome due and' payable immediately. without "Ai' ,.", " I I I I I I I I \,~:i:" I"''':: .'. 0 .'\- '~. . . ~.t. ., .- '-\i",," .~.r '-- 1-..1: i,D I I ,",'" ,.~ " '~o.; L' <' ',.-" 't"-'<.. ->., """'.i ,~ e ~., '" '" . f1; ,.-.4~,,';,~;,:"""""... }jr~i ''-'i '.',...;\.4.\ " 'h "" '. . "":<i~{' .. '.'.....,,'. " - ""~;'~'i'-,' _ . \~;:,;. ' ".,~ ~ I::?~~t~:;~i:~~:" 1'~ ,:"~ ;;~. tj ":: , ":l!:}t<1'~'J*~;~"'~'" ~l": ~r' ON'Jli'l" ~I~r--.:I V-,";...{, ;;"'" l~rS~;,~f~~~_\XtP~--~,r~Jr~~):'; " ~'''''~~~~~~~1~:t'>.(, /; ,,' :'.;Jr'1~~~;:< I~'.~ ~'''';:' .' :~~:i~,'~. ,. '.. "-~i~.~~~~{:,~;,o;;1;r,f ,.~,,,":" ':. ,. . . ;;.;ii:i~~~~~~i,;:c,J[;. ,..' " ~t~~~~;. ; '~:Z'~:;;..'. .. -:j;~, <,..- ' "".: ;'':'''':>;'.o>:!'i? ( 't., notice or demand if default be made in any payment t..~&r this Note~ and if the default is, not made good. prior to the due date or the next $UCh: installment; or upon l1e' happening of any default which.. by -the terms of the Mortgage given to secUre this Note; shall entitle thB,PayeB. ar.any subsequent holder hereof.. to declare the same. or any pm thereof, to be ~ue and payabls.".. ." ,.,' .' ',' : The' Maker;, does, hereby, empower any attorney of any court of record within the United States or"elsewhere to, appear for Makei~ with. or "Nithout.a declaicltion"fiIEid~ and confess judgmo,"!t Or judgments, against said Maker in favor of !he ?ayee. or any subsequent holder- hereof,. as of any term. for the antinl Unpaid principal of 'this Note. and all uther. sums paid, by the holder hereof to or on behalf of tha MaI'~r pursuant to the terms of this Note or s;.id. Mortgage, and all arrearages of interest thereon, together with costs of, suit. attorney's commission ofs.....an-------% for cot/action, and a release of all erro,rs, on which judgment execution or executions may issue forthwith. The maker' hereby waives tho' righ~" of.: inquisition ,on all property levied upon to collect the indebtedness 6vidtnced hereby' and does voluntarily condemn the same' and authoriz.es the Prothonotary to enter such condemnation, and waives and releas2s all laws. now in forcQ or hereafter enacted, relating to QX'3mption. appraisemont or stay of execution The agreements' herein contained srwll bind. and rhe benefits and adva:nta:ges shall inure k". the respective, successors and assigns of the psrti,es hereto. Wherever used. the singular' number " $hall 'include the plural. the plural the singular. and the use' of any gender shall be applicable to all 'genders. ' ' IN Witness WHEREOF. the Maker has caused. 'J'lese pre~ents to b~ executed unde( seal the day and year< first above written. PROPERTY ADDRESS: 805 ERFORD ROAD CAMP HIU. PA 17011 MAILING ADDRESS: 805 EP.fORD ROAD I' AMP HILL. PA 17011. . . Signed.., Sealed and df'Jivered in the Presence of: .,.""'<:').::'::.Bo'}~w.rl'~.. K .. .. .(~ :.;:i:t11t'r!1...t/L ..~.:UP. ritA,'/) , 7::...1(\- Witness(es): -I--:...~.~ ..(.'.lq--<., (Sean L. ....... . /> /t!.A<7"""'/"-/ " lSeal) ~o/._0hJ KATfl N. FREEMAN l ~t!;2~fliJ :i ~. .I r\ - tj.......l"L,~, i\ \I\fitnee:~(ed ,/ i" "',' ,.' " :~'{;;'::;~f:;~,": ..... ", ...~'. ','" \'~'Jdh)~t~~~;{.{ , (Se.O. : ::: ~i.~t~~~:\? --','.'''','. .;. i;<J,:~: ~~,:.:;,,' ~j~rJj{ f~~i:~;,i~~t Witnesslest ISe.') Wilness!esl: - , "" ,~- .,,; "0 .,^ C,',_ ),--'"' , . @ ~&'l!< /" '''''' ":" , , ~, .. . " "',' ~~~.:r!~ii4~~~L~~~~~1:~~~i',;1:i,:~' ,: t~. -,." c ( .. :~ :,~ "'. '" .' :i , '"\;f/W<(\'" , I .' ,ALL THAT CF.R~~~A tract or parcel of land situate, lying and being in the Township of East Pennsboro, in the c~unty'of cumberland and COlffillonweal"th of Pennsylvania, more particq,larly described as follows': ,', B:J;:GINNING, at" a point on the Easterly line of Erfard Road, which point ,is ,242~'-15:feet soutt.. of ,the .southeast . corner of Erfard Road and Dulles' Drive"and at dividing .line between Lots '2X and 3, 'Block Lon' the hereinafter mentioned plan of lots; thence along said dividing line" North.,65 q.egrees 46 minutes. 51 seconds East, a distance of 143~1!3, ,.feet; to a.. point; thence South' 46 degrees 50 minutes East, 21 feet to,'a .point',at ',<:lividing line l;Jetween Lots, 3 and 3X; thence along said dividing line, South' 54,degree~ 05 minutes West, 149.27 feet to a point on'the Easterly line of. Erfard Road aforesaid; thence along same in an arc having a radius of 244.90 feet in a northerly direction to the right, 50 feet to a point, the place of BEGINNING. BElllG Lot No.3, Block. L, Plan 14, Ricile}~ Park, as r=cord~d in subdivislcl1)' plan" Book 21, Page. 11.. , 1 " '1 , 1 i I i :,. "',.... tv- hlV If "6 I' , , I~ '. , - '. ,""u ~_ ~,'l."'->""'~,,__:, ..,__ '^', 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 HOMESIDE LENDING, INC. SUCCESSOR IN MERGER TO,BANCPLUS MORTGAGE CORP. that said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: August 18, 2000 /~ / Leon P. Haller, Esquire . ",",' , . ~~\!iIi!ilii"ll;~I!l~_IllilI~"'"ItiI~'gJ4J!iw.-~~l~~"'~"" ';'~"! r .....LI "llli "~'o I!:!!!I ~ @5 ~ ~ < __-'0 ,_~ .'.- ,- - H (~- .. ~~ .1 ~ ~ ~ ~ ~ '" J,,' " "" ,<~''''''- ".0"0. =. ., ,:,'; ! 1 HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROYAL T. KATHLEEN (") c CIVIL ACTION - LAW - _~ dl)J IN MORTGAGE FORECLOSUREgJrI; zr Cf)":'> ~. ~ c: t~~ '"l-:: ;r.-... ~'~ C) :-x ~C') s> C: co THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMP~N~ TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. VS. NO. ()('J-S7 99 ~. = o "'" c (,"') "v <..c. ';I~ rn o I 9 :~~j /; C~fTl ::;--t :D -< o "T] FREEMAN AND FREEMAN Defenoants NOTICE You have been sued in court. If you wish to defend against the claims set forth ~n the following pages, you must take action 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 or property or other rights important to you. . YOU SHOlThD 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 CNN GET LEGAL HELP. CUmberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. a Irvine Row, Carlisle, PA l70l3 717-243-9400 AVISO LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SERSERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE US TED , 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED 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), 215-238-6300. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. S Irvine Row, Carlisle, PA 17013 717-243-9400 TRue COpy FROM RECORD In Testimony whereof, IlIere unto seimy hancl an~ the seal pf said C at Carlisle; Pa. Thl . rd day 0 " .~ .'" , - ~.^ ~" ,L,"", -' '. "_.'__~'" , ',', "'c, ~_.;~ ',__.,', " " >"",'".;, . , HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. vs. ROYAL T. FREEMAN AND KATHLEEN FREEMAN Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE 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 (30) day 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 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for plaintiff _. , ,,~ , ~" ~" ., ~, r ;. ,." j" "'., 'f_; d ' " -,','." , '01,. ";, . HOMESIDE LENDING, INC" SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP" Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. vs. COM P L A I N T CIVIL ACTION - LAW - (") IN MORTGAGE FORECLOSURE 5;; :so. -OP~ rnrT, Z~i:i zr. ~);> ~G )>~ 20 >c -y ~ G CJ- "'" .- ~') f'-> W ,-'1 ROYAL T. KATHLEEN FREEMAN AND FREEMAN Defendants ,-.. ~ ---! , ~'l ~: ..... '~'~j~~ ~;. " '?? :..:> (/1 .g ~~~;~ 5J -< 1. Plaintiff, HOMES IDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP., is a corporation, with an address of 8120 Nations Way, Building 100, Jacksonville, Florida 32256. 2. Defendant,ROYAL T. FREEMAN, is an adult individual whose last known address is 805 ERFORD ROAD, CAMP HILL, PENNSYLVANIA 17011. Defendant, KATHLEEN FREEMAN, is an adult individual whose last known address is 805 ERFORD ROAD, CAMP HILL, PENNSYLVANIA 17011. 3. On or about February 23, 1996, the said Defendants executed and delivered a Mortgage Note in the sum of $74,752.00 payable to BANCPLUS MORTGAGE CORP., which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. Homeside Lending, Inc. is Successor by merger to BancPlus Mortgage Corp. Said Mortgage is incorporated herein by reference and attached hereto and marked Exhibit "B". " ,,~~ . ,'"""'J','-,,,,-,,', " ." Ie i'2'~C , 5. The land subject to the Mortgage is: 805 ERFORD ROAD, CAMP HILL, PENNSYLVANIA 17011 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on March 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 71,449.48 (b) Interest at $13.70 per day from 2/1/00 to 9/1/00 (based on contract rate of 7.000%) 2,904.40 (c) Accumulated Late Charges 129.32 (d) Late charges at $24.35 per month for 7 months 170.45 (e) Escrow Deficit 394.43 (f) 5% Attorney's Commission 3,572.47 $ 78,620.55 *Together with interest at the per diem rate noted in (b) above after September 1, 2000 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. ,-'^ ""." ,'" .oJ."., ,',r "",,'- .~., '.'".,.,,-, ")"~':'~' , 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. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in Mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.000% ($13.70 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. PURCELL, K]YG & HALLER ~ - By /~ ~___________ Leon P. Hm r Attorney for Plaintiff 1. D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 , ~ :'<, ,~ ,,', ," ~. , ,,' ,'~ ',., . "'" c'; ~~ ,', " it.: . , ' ell ",~,~,'\;';I;.>ji\. . , :,,-~:,..,!.? '-;' ~~-: .. ~ '::. ',:.:' .'. <~ '~.'..", -;:}j~ii~~~~~;*~~i~~:N!';:";." .~ ;~-.,.!i'}~l~~~~~...~,.{:~.,~ , , ".- {1;:~#?~:;>.r~~~,f :~ ;~,.~ '~.~ ",-- ., ~~,1! :,: CERTIFIED TO BE C . .. ... , ... A TRUE con 'v,,- F':rft 2IH'US. CI-forn. LOIn! .... ..--1)., ..~d: a~ " . R.y. Mw. 'I'" u.. Op1IINl.I, ~:~';.~b\:'~ ~~:r~~ u.s.c. ", ,::/':,1~".', . , , ~~~::,~r.::"'" MORT.GAGE NOTE tAm..,..,." r..b. '"" . ,,' .'~~'''':~_;:'..''~I' I"_'N"~'" ""1'~ .:,,~iP~~,:;;.,.~~;,~,- '. . '\::;'THIS~~~' 1i()~N-l:\ IS.fINO]{';(;~i~AS,S.UM~BLE '<WI:r.I:fOUJ$I$IHEir,;;fARP.RQMAIJ~'.; OF.THE ..DEPARTMENTiOEt:VETERANSAFFAIRS .. :;,OR:~i.ITS'~AUTHORIZED!AG.ENT .. . ...,..:', :':':...~:~~}~~~~~X\':~'!~;' :~ ':');:'~;Ij:~.r",:' :"<;;)',-:' . '. '. c;:r:w. HILL" ~ peMSYI~'ania $ 74,752.QO: . FEBRUARY 23 , 1996 r ., 1 PENNSYLVANIA LN I/: 1084B982 VA I/: 106-506180 """,,;,< . he~e.i,~.fter: c.al!ed,-tI.1~~ ~er~ pr!JmiiOes. to pay to ... BANCPl/JS MORTGAGE coilP..,... . ~.~or:perr;~'a, c~rp<?r~,~io,'i',~~~~d, ~,e~i~ting under the laws of. .:he. STATE Of TEXAS , }1~(~~J!tJr}~~~~~~~~;~~'~,~..~~ve8~,\~,,'~.~ipal sum of '---~~----";-"---"-----"'--. . ....,' SEVENTY, FOUR...THOUSANO SEVEN. HUNOREO FI FTY. TWO ANO NOt100--------- :. "':.ji:.'?~~ar~,~,~';74 '~.762.'!OO..;~..;;;~':o::J,\li<~!ifi!:!~te~~.st, ~rom dat~ at th~/~t8 of --:.-,---------- ,:';". SEVEN~~ -;,:, _.;;;.; ';:~~'':':::;;;'~ .;;::.,;.,~-::t;;. :;::.:;t:;'t:~'~; ::'::''':'-, ~ - - -.:.. - -..; - - - :..:,::,.:::.:. '-'~.. -.;., - - -- -- -'- _....- '" .",;.,"~ P""~~~Nt~~~~'; ~.7 ~OOO..:;.;.;.~-'--;:.%):': p~r: annum on the unpaid, bal.ance until. paid The said <:':~,:':'~1~rll)P.ip~...:~.,~~~-!~~~"',~.)~a.y.~'~(~~L~.~':o.fflee of, ' .,'.".... .-:' ., '. ' . .",fk BANCPLUS MORTGAGE. CORP:ill'",,,'ffJ,P1...: .. in SAN ANTONIO. TX ..'. ~;~;:!:~~~~Y9:::::~5~;~:~6"'- ~~;:~l~~~~i~i~~~;f,~r~~:;:.~~~~ ... ..:c;r:;.t... on, Ilia! fir.t'da"iof' each'mOiitti .ean;;,:r6ntif the' N-lnc;p". 8nd interest are." fully. paid. '. .,(:".:-:::,;t~.~x~~~t:~1'~~~'!!t~t~p~:?(flb!!~~~,;')~~.e~~~~e~)~~'~!~!~.~~.th~~6W,~i:r::'60t "~ooner :.i;{~~~,~sl1aIIp.lvi.,b~,<lU~;,,~,P!i)o,,~~,~j.!1rs,t;daY:O~ MAR~. 2026; c':, Oi. '.. . :.:':~~~~~t:._J ,~ leg~U~;H!,t.er.!~;-f,. ~9.~"R"e~av~.a~,~ ~~'. ,~"!,,e~',~,~I~y,tl ~el~Jiu~\, .or:;';. fee.,:, the entl,re ....}i_.1n9.b!edii.... or" any, part,: f!18reof;l;not,Je..,.Ihan,. 1110 ."",,~~rof,.; one', Il)~;.or One. , . .,!.;;,:.!:I"'1ojt.ed;.l?ol!IIl:':I~! (l(l.o..O~~)II!:Iiql1"'!er~.i~.).e''';.J'r~pay'1'ent,!~.f.~1I shall.be' c;redited on .the .":;:!. ~.,r.eqelV~' !"affl~:; !X:epayme,~t.r oth...,.1I1iW on anins'ciJllrr1ent .d<Ja. dat,,;~need not be . :;:.... YC(ed,ted:.untiL.1I1e:.nexl'. o1IoWlng.ln.lallmentclUe date or thirty;day. after:,$iJcl\' prepayment ,:<;, -,' """sr/isteadi '~;W?;i'~"-~;;p:,:.',,,':.:',' ,', ;.,. ~,::.~:,~i;~;~;~:,::;.};,:::",,).t:;g;;::;,:~~,<! iriiUltane " ,....,,:.",..'~"""~;:.of:.:,thls,. Not8.1~:t;he('Mak"'~i "', "-.'" ed 'and ee ~. :'~~,,; "",~ii:::.~Il.C'!!:., the, ....,. ' ounty"off . ,.. ..... ..% .. ... ...~nvt!l~L ~~ '.... .1i1v.i;4!f9J. ,~~~.';'; .',e~i::t.~?fN:?:t~~~:f,(', terms ,tov on~~~ :i\iputatto. ns"ran tm. ......\I"~., sald'~.,\.,,~~>->,;; '.'..' ;~.!~<' Morf' e';"'to~ ormed'o'1'msW\ttaker::are)l8r de~!i" i-;\jote to>.',: ,!." .. .th...".gag ,< .. ."'"'~. '''''''..'''.'.f'' y........d.....ff .. , '.'f'.Ih.YMw.. "."....'''.f .h . . ",,~~i. e same extent i1flU WI ,th8:,samsi lVce"an .e Bct,as I' e~weret U , ereln.. . .,:;:~~f aiid1 tfitf; Mak,8r;tcovenan~ana}8'''''''e';sfto~'''' erform' tJui,. s&ns;{ofcauss,.th~}!,Sin8~)o' be ke t .;',' ,,,,,~:Y1'an((p~rformed~;"sti'ictJ'riritacc'or~'nce~wi~ tI1e: ferms and': Pr9vi~io,nsJher~af;~ilt~~~:\:;." p : ".;,'0.<,::..:. The Whole of the: pmcIpal .siiiri' or. anY part thereof, i:rnr~fiJfov ~thei":Sunis:of.monoy .ecured by the Mortgage given to" .ecure thi. Note. .halV .for\hwi~ . at, the option of the Payee or any subsequent holder thereof, bscome due and' payable immediately, without o . _"" "I ,-- . "/1." :- \/1.0.'0 .1 f ___]... I l{/ J , " ~ I"~ c, ~ - --'~'';'',"';,"''''~'W , I;. \ llt ..-..4lr.~ .~"~::/. i,rh~~t~~, . ;';~~~f,~)... ..,..... " . ';;< '. ,.~ "".-, ..;'l~,' ,'! ., ,~~\;,,~~~~1~i"'(;"...)i~~~~~tb:;;!i:..,i"~~iiY \~;~~~",. ....~1~;r,;:~f\;"~.,.~i~r;~~'" "':'" ;\:.:';.~'i::;;'::!';2 ( '1.....: notice or demand if default be made in any payment under this Note, and 'if the default is not made good, prior (0' the due data or the next $UCh instal!ment or upon '!he' happening of any default which,., by the terms of the Mortgaga given to secore this Note," shall entiUe the ,Payee. ar. any subsequent holder hereof, to declare ,thQ same, or any p::lrt thereof. to ,be ~& ~d payabre.-.'... " ' . .' , _ . . , '. : 1)18 Maker.~ doe~ hereby. empqwer any ..ttomey of ~~ court o.t re~o:d ~!tJ:1in the United States or 'tds~where to appear for Maker, with' or wlthout,a l:8clarcltior" Med, and confess judgme,l"!t or judgments, against. said Maker in favor of !he Payee. or any subsequent holder hereof.. as of any term, for tha entire unpaid principal. of tt-lIS Note. and all l,)ther. sums paid. by tt1e holder hereof to or on behalf of the M3b~f pursuant to the terms of this Note or ~id. Mortgage. an~ all arrearages of interest ther60n. together with costs-of, suit, attorney's eOrT\f11ission of 5.....00-------,.' for collection, and a release of all errors, on which judgment 'execution or executions may issue forthwith. The maker hereby waives the', right,... at.: inquisition' . on all property levied UPP" to collect' the indebtedness 6vidfooced hereby and doe'S voluntarily condemn the same' and authorizes the Prothonotary to enter such condemnation. and waives and releases all laws, now in forc3 or hereafter enacted, relating to exempticm. appraisement ,or stay of execution . The agreements' herein c9ntained' snail bind. and the benefits and advtlntages shall inure t~'\. the. ~espect!v:e ,~ce.ssors and assigns of the p~.es hereto. \Vherever used, the slngular number, shalf include the plural. the plural the smgular. and the ~se' of any gender shall be applicab,le to all 'ganders. , ' . IN Witness WHEREOF. tlle Maker has caused, ~se presents to bEl executed under seal the day and year' first above written. PROPERTY ADDRESS: 80S ERFDRD ROAD CAMP HIU~ PA 17011 MAILING ADDRESS: 80S EP.FORD ROAD I'AMP H1u...PA 17011 . . Signed., Seal6d and delivered in the Presence of: . .,'>,"<;cB'1Jwerlsk .. K ., .. .;ir;gy~k;jih{/[N ..~ .vf. ,:W.'/l . ?. j i-.:...--i.:1!:' (Sean Witnesslest. C~)L~ ",- ~/.-&..._..J KA TfI N. FREEMAN ; L. .....f . /" -,~.-?-,...-t'-/ ,/ ISean :;,Jai~(;('<i:'"':AJ '.!M~ "",:.,.:,.j~it,.. '/lr~; ;.\>>.,~~ ; :,~~j: \^litnes~!e5l: -0 J C' - 6"--:l~ i.uez, " I ,/ Witness(es): ":'('~~7~~~Y;~~{" '"...;., .:,\~~~tl:.\; ':\~:;;'.< >..;x:...::. . 0}~J, 0\ :.:"t<:;":.".~,,,:,;,, -'" """:l:'} ....":..-:<. (Sean. JiX~?~~f.:,,~:'J ,. ISea') I>'. Witnessles): IliIlIIIh;U .,'! :;:'j ',' ~.;:~~~/ ' ."".' ~{~i~~e ., ~~~~,~~t;:~?~.. u' ". I..' . - _c' '~ ~;,~.. "'~ _,'C.., (j .....-:" .-. ... '~ " , ' " \, ,,' ':; <;' ': ,," ;4~.i;:>};{:ii~i~;~i~,:;: ,~ ;' ";'; 'if ;,~ c ( .~ ;j , .' ALL THAT CF.R1~:A tract or parcel of land situate, lying and being in the'Township of East Pennsboro, in the Co~nty'of cumberland and commonweal,.th of Pennsylvania, more particularly descl.-ibed as follows': BEGINNING, at,. a point on the Easterly line of Erford Road,- which '. point: .is 242.'lS:feet soutt. of ,the southeast 'corner of Erford Road and DulIes' Drive -- an'd at dividing ,line betweeri Lets 2X and 3, Block L on the herednafter mentioned plan of J..otSj thence along said dividing line, North.6S cJ.egrees 46 minutes. 51 seconds East, a distance of 14~.1~ ,feet;~o ~'p~int; thence South' 46 degrees 50 minutes East, 21 feet to 'a' :point',at ,dividing lin~ );,etween Lots, 3 and 3Xi thence along said dividing line, south' 54,degre~s 05 minutes West, 149.27 f~et to a point on'the Easterly line of.Erford Road aforesaid; thence along same in an arc having a r.adius of 244.90 feet in a northerly direction to the right, 50 feet to a point, the place of BEGINNING. BEIUG Lot No.3, Block L, Plan 14, Ric:ile}~ Park, as racord~d in subdiyision' Plan' Book 21, Page 1~. ; I ';l .~ . ~ <.: ..;- ,,,':1~~;:': "'~, - "fI"" : ,:/'{ "~:,;!'i\,:' ~,~; .. , ':"..' c'i:,)~~~t,f; , ,", " ..o;;>":.~jt".'I. ~~:,~\L: \. .. ....(~~~}~1r . .1: tv. FoV 1+ "6 i' . . ~ " . ,,1, , ~,'~. :~. ,,--~,,~ ",..-",. ~. ,,' ~ ".' , VERIFICATION I, Leon P.Haller, Esquire, hereby swear and affirm that the facts in for Mortgage the contained foregoing COMPLAINT Foreclosure are true and correct to the best of my knowledge I information, and belief based upon information provided by Plaintiff HOMESIDE LENDING, INC. SUCCESSOR IN MERGER TO BANCPLUS MORTGAGE CORP. that said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: August 18, 2000 /~ /",. Leon P. Haller, Esquire ""- _k >'j I I I I , I , '. ~ " " " " .,..,"b ~ " . , HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP. plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. (J6-o791G;;JJ vs. ROYAL T. KATHLEEN (") C :? -oeD rnr'n ,---.. 2:0 ;.:; o ~~~: ~0 ;r.: 0 :p" THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEM ~NG-~ TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMA aN ; OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF ~ ~ COLLECTING THE DEBT. ~ _ FREEMAN AND FREEMAN Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE o o .",. n -----';:1 I" CJ C) -'1 ,.;<. :!J 6~?t s! :n -< 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 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 or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE 'SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUmberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. S Irvine Row, Carlisle, PA 17013 717-243-9400 A V ISO LE BAN DEMANDADO A USTED EN LA CORTE. SI DESRA DEFENDERSECONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LASQUEJAS EN ESTA DEMANDA. RECUERDE: SI US TED 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), 215-238-6300. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 TRUE COPY FROM RECORD In Testimony whereof. I here unto set my hanG ~,r;'J theS~ of saId rt at Carlisle. Pa. .tiS day 0 ~. ',' , .,,- """~ ",' '- " L",." ~ ~1 , . :J i,j I~ HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA " ij ! :11 :il i'l !:,j Iii 11,1 i.' I' ii! @ ::1 i~ l~ u i~J ~ !;j i~i rii ~i ., ,"i u: "I NO. vs. ROYAL T. FREEMAN AND KATHLEEN FREEMAN Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 91601: , ':i ,;, ,-' 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 (30) day 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. jj :-11 ::j PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for plaintiff !~ Ii :1 1.'''.'11.1 .. , 'I II I. , , " ~i I I i ! 'I II i ~ " I ! I II , -~ i I i I I ! . -', ", .. , '. , "'--'" ,,;,' , '~, , " '. ,,'~'~ 0',,,'" . ~;,.~', . . HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. vs. ROYAL T. KATHLEEN FREEMAN AND FREEMAN Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE ;; o t,-;) (y e c.:J -'1"1 s:: ~ __,_ -00::.: " IT! fl-' e.f) . ';1 ~,'.iZ ~5~~ ~ ~:"\~~~ ~ t~:. \~,1 ;~), P r-, 5: ~~~',~~ ~S 20 ':',:;:rn 1. Plaintiff, HOMES IDE LENDING, INC. SUCCESSOR B1"~R~R ~ =<! ~ ~ BANCPLUS MORTGAGE CORP., is a corporation, with an address of ~ COM P L A I N T 8120 Nations Way, Building 100, Jacksonville, Florida 32256. 2. Defendant, ROYAL T. FREEMAN, is an adult individual whose last known address is 805 ERFORD ROAD, CAMP HILL, PENNSYLVANIA 17011. Defendant, KATHLEEN FREEMAN, is an adult individual whose last known address is 805 ERFORD ROAD, CAMP HILL, PENNSYLVANIA 17011. 3. On or about February 23, 1996, the said Defendants executed and delivered a Mortgage Note in the sum of $74,752.00 payable to BANCPLUS MORTGAGE CORP., which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. Homeside Lending, Inc. is Successor by merger to BancPlus Mortgage corp. Said Mortgage is incorporated herein by reference and attached hereto and marked Exhibit "B". L,L^ 4 '.", ." )'" ':;";N-' '.,'" .- , ; ';",,-,I-,,;;-',,~, 6. The said Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on March 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ (b) Interest at $13.70 per day from 2/1/00 to 9/1/00 (based on contract rate of 7.000%) 71,449.48 2,904.40 (c) Accumulated Late Charges 129.32 (d) Late charges at $24.35 per month for 7 months 170.45 (e) Escrow Deficit 394.43 (f) 5% Attorney's Commission 3,572.47 $ 78,620.55 *Together with interest at the per diem rate noted in (b) above after September 1, 2000 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. - p ,'r.'_o' I b,' 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. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, plaintiff demands judgment in Mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.000% ($13.70 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 described. PURe. EL.LL" !9W KR G &;, HALLER By /~__________ Leon P. Hiller Attorney for Plaintiff LD. #15700 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 ,","-"" ~" -Il " "!J~;ii:~~,tf"~""'. . , .(,~:;-; '::" ,. "y(':.+:'.jii~;,~;;: . -,-, ",- ':;;;~~f~~ii~~.j;. .,:.--:+;~;f;~i:',;'., ' "~, ,.>: -;:,'<.~,.~ :.''- .'. "'"i . "., ,,', . ',.'"p' ~;.1l! 7". ,,:. '... ',.,' CERilFlED TO BE C ... A TRUE cpn . VA F_ 28.8~:28.. ~ lDenI ~d D Aev. M"'.. 11118. \h. Optlonll_ ';,'-','j, :.~.- :.~,' , ~:~~1~1~O ~~:.~e. u.s.c. . ::'::'::~': . I N....... M...... MORTGAGE NOTE ==~~~b.1"t1 . . \' . .0' ';~i;~THIS9~tIi0~N~;\ifSllrN:'; "Rr~~UXSSUMABLE WITHOU-r',p'THE."''''A.nn O"'A';"" OF '.,THE ~I:" " ~.~~~ -~*i' r;17; ~v: t .. ~,'" , DE~ARTMENT( OF,:0:VEERANS:AFJ= AIRS . . :~OR~lTS;@AUTHORIZE <AGENT. ,...."-'~,:::':..~~5itt~~~~)':.'!~'i--:,:.,.-::,;;~~,j:.f':'.,:'.{;!,C!;Y:::", '.", ':""'..'/".:.'-, ,', ',' '. r .. 'f PENNSYLVANIA LN /I: 10848982 VA /I: 106-506'80 . S 74;7$2.00 ,'..'J;'.;:.:e:,"'-'; . CArol!' HIU- FEBRUARY 23 I P~Msylv'ania .~ " ..:.-. ""'..;"'1".';"".., , .. . . ",:;'~;~:i~\f.9~.-.vAlUE. R,E~~; ,the undefsigned. <; ROYAL'TiFREEMAN".,;.,.';o'..,;... ... ...... KATHLEEN.;., FREEMAN ,..... '.,", , he~e.i.~.fteE:: c.al!ed)I:l~,;. ~er; promi~es, to pay to . .. BANCPLUS MORTGAGE coiu>/.:... .... ! . . _ . " :;-',: ~~Ofper.;~'~,. c~fp,?~~~io~~, er~~,d, ary.ct. e~is~in~ und~r the I~s ,of. ~e . ~ ATE OF TEXAS ..-'..' ;i.\ "~.~r.~lna.f!~r}~~~.~I~t~E"i ~~,'n!,~~,~y.ee~,\~~, P.r.~~clpal sum of - - - - - - - - - - -- -- -- - -.. -.... -.. .....y SEVENTY, FOUR...THOUSAND. SEVEN.. HUNDRED IF I FTY. TWO. AND NOf100--------- .', ': ;:~~~~:f~S~~~~'::~~~~~~~~j;tl~f:~~~~l~!,!~:1 ~~~~~~:~~~,~~~~~-:~~~:::::~:::: " ..,.:,:,)~~N.,~~';~.7;OOO..;;;.;..;.-'--;',~:,:P!r: annum f.!'1lthe unpai~, balance until. pmd"The said '.': ':;?:~'~l~~p~~~,<~~~.!~t.t~~,~.-,l?a,V,~~:,~~,~.~.pff'ce of . .' ':' ';.'.::;;, BANCPLl ~S" MORTGAGE. CORP~,~~,1.tI';"'~(:~"," ,', ': .'. I,. i~ SAN ANTONIO. TX ,,:~':::l~,;!{;i;:.8t~ 60= A. '. .:.I" 821 :~i~;"'~,''- '1' .,;....:.;':',',:..,......:.,. <>.':,~~.>~~!Y~..e~ce\as~.thB~~y~l!Si~':!t.~~~ ~l,~.~ ,~~...~,~tta!Y..;.}~. s~fT,~~,s '.of. ------...-.- . .;'''..~fOUR HUNORE'DtilINi?!YTSE Nl~" '. "";:"c.";;~.","...:,,,",;;-.,,"~.:""~"------. " :>:i/t\g2u.~~t(~:49'7,~ 33~~;;.'-~~)atS9~~~g.1~:';. . ,,~,.,f.i~~.~i..~.YJ;.C?;~.{.APRIUi..\1996'+~'i;:~~ ',;,' ".. :' "..:::".";!'r.:: ...,d.. o~ ttiei'!-: first':da\;!"of' ead1',...monuU. tJ1~~eafter"t(~n I ,the principal" 8nd interest, are; fully' paid. '. "~:''',(.'/f.<t{'exc~' ~~,tnat~'th'efr~y.~t.;.>w<""..a~;!.oit~entire",iride tednif~".f.8Videnced:HereliYKif'!'not "Sooner . .'.:i' paid,P&n bifd&VarnJ.=,~Jtil8",*fir.riiBYoniiARCHY:iii2if"':~i"\.;<...' .'.. .... . /::(.\i~~~f'g~ftpdvllege.~ is.1"'res8t:V8dftO'tll<~eoav.fat:ifanv:\:." e,~, w.' i1ho~,f P.t.G!T1ium,., o~,;" fe, :,'~e, entife . <,~ .*~;.:.~J~~ss~'orVanvt~.~~'~e'6rlh~,.~Je$$~;~ thin; tt?o .',~~V:of{:"Orie~ ~.~~~.Or One . "''''''::.,tll!lJ,t.,d; t?o~Ill:S' I~ J Ollo..O);tjvtll<;lj.ver~J~;J.s..;.J''r, p~Yl]1,!"I,!~,J~1I :. shall_b.' credit.d on . the ,; :- <!,1'.' r.~.,v'?'l Pari1i'J, J'l:eparme.~t.'rolhe6 ttiin 0 an)nsl,ilI~.nt '.du.., c1at.~~n.ed not b. . ~ cr.dil~:~l.\.th."n '1~~!lm.~t do. . or thl~;,9."Ys..flm;,:siJ;:':rpr.paym.nt. V8f~~ ~;~:~.F;~,:~f~a~ii~t." .~~1ri::Wj~;(;;,.,,~~:,~~f€t;~;~tJ)ih. t=.~~........,.,......,,:,(.. '-~I.V.ti""'~""'-"'" I!l, \1';-'''' .d"''(~..}'~'' "'~~'"" .:.. .., ,erms, cove"''''''''''.' . pua cnS-'f' ,,:ll'U"semen .1-;IR::',S81 ~";~["'l-:i:~5"~..'-'.,;.~': . ,,". M0i;igi9":I(/6~~." ciim.i( ....:Mik.,::ar...li.f.b~d.-r.... fihio'Ncil.; 10.': ..' " ". . '.~;: ;,tL .tfio?"sainB;~'extent';'and~ WI , "'tsams"r{6rc and....effeCti as' if'tfie,tr~'w8fetf , :f fOrth. herel~~ . . ,. ..:i:'~~~;i..~.~~~::~~~~~~~~~~~~~r~~:B~~~~;~t;~~~;tf~~~1~~ ,kePt . . ';....,>",i... The whol. of:. the. pnne",.1 s.i!m: ,?,any, l;>art th.r.of; liild.of".ny' ~lher.,s<ms. of. mon.y seCured by the Mortgage given to:' seCUfe thiS Note, shall;' .fO{1hwlt1.. ,at' the option of the Payee or any subsequent holder thereof. bel;:ome due and' payable immediately, without ''Ail ~ _So "'I ,- ~ih,J? [:f "",-,,"".,,-., ',,,- ,.- '" ~,. ' -L ,',,'1, QI: 't.,A...":"..-,....~.:........ .. .' . ':.~"~.,::j,.~ ":'~;J~1:;it;)>~'" r ;,..,.~,~t~,::,~.,. ,~;lti ,'~~;~J~lf:}:j:x: .. . :',:,1'.".. ...... .,';".' ,,~,:.,,:.' '~~Fi~,fti. , .".,-",. -' ::)~~~~~::,::~,~~{~,~;;~;,?i~~~j~~1~:~~~~~~~~~'.:. ,', ' ...j;:':':':' ;\~~,<~:l.';:< ( 't... notice or demand if default be made in any payment lZlder this Note~ and if the default is not made good, prior t6' the due date or !tie 1'J8Xt such installment; or upon ~' happening of any default which., by 'the terms of the Mortgage given to secUre this Note; shall entitle the.Payee. ~:anv subsequent holdEr hereof. to declare the same. or any pm thereof. to ,be ~U6 and p.a:yabfe.-",..-, . .', . '. " The Maker.,:, does, hereby, ,empower any attorney of any court of record within the United States or 'elsewhere to appe'ar for Maker. with' or without.a declaratio~"'filed, and confess judgm6f!t Or judgments. against. said Maker in favor of !he Payee, or any subsequent holder hBr~of., as of any term. for the antire unpaid principal. of this Note. and all other. surns paid. by the holder hereof to or on behalf of the M3J.~r pltrSlJant to the terms of this Note Of' ~d. Mortgage. 3MG all arrearages of interest thereon. together with costs of, suit attorneys co",""ission of5.J)o-------%' for collection. and a,ralease of all errors. on which judgment execution or executions may issue forthwith. The maker hereby waw-es the' righ~:, of..' inquisition, on all property levied upon ta collect. the indebtedness 6vid(,nced hereby' and doe's voluntarily condemn the same, and, authoril.es the Prothonotary to enter such condemnation. and waives and releases all laws, now in forc:) or hereafter enacted, relating to E!:Kemption. appraisemont, or stay of execution. The agreements herein contained snail bind.. and the benefits and adv~ntages shall ir.ura to. the, ~espective . succe.ssors and assigns of the p:rti,es hereto. Wherever used, the sil1gular number,'Shatf'incSude the pluraf, the plural the singular. and the use'of ahy gender shall be appl;cable to aU 'garider$. , . IN Witness WHEREOF. the Maker has caused, ';'\ese presents to b('t executed under seal the day and year first above written. PROPERTY ADDRESS: 805 ERFDRD ROAD CAMP HILI. P A 17011 MAILING ADDRESS: 805 EP.FORD ROAD rAMP Hlu... PA 17011. . Slgned.,' 'S8al~ and deJivered in the PresellCe of: . , . ./;\;;:~:;:'~.::. BOf}~wBrls~' . ':: ;tF:f!11t(f!~'R{E~ ~'UP, ,:.tA.y! . .. ~i ~ Witness(est. L.~,... ~ \ .1:'.L~. ; .....h ;l'../l-'Y'<~ " ISe.l) ~,~/._g....-,.J KA Tfi . N " . FREEMAN (So.Q . . . . .' ~ ~%~:;~~I'jy<,!. ~ ./ 0- _....'<~,~ :~. i \ \o'Jitnes~(esl: ,/ Witnesstesl: . ; ,':~~~~W~~:{{; "",","."'. . (So.~ ',. :~ri;,~~~~'<<::~/\': :t~YI ~~i~ ."."0.;. : :"-/'!;'-;";'.:'~~;." ,_." '":".". . '. .,.~ . . ."-' \'.: (50.'1 I Wimess!es'l; L- ~, . ~ ' j' "."'0' , ~< ,c" '" ,-, l;,",'-,_",: @ ".-:' '-', "-" c ( '. ~:f , :~ , '\;{:h~~:\' \ , I .' . ALL THAT CF.R~~:~ tract or parcel of land situate, lying and being in the'Township of East Pennsboru, in the c~unty'of cumberland and conullonweal~h of Pennsylvania, more partic~larly desct.ibed as follows': , BEGINNING, at.,a point on the 'Easterly line ,of Erford ROad,. which ,point .is 242~'15:feet soutt of .the southeast 'corrier of Erford Road and DulIes: Drive' and at dividing ,line between Lots'2X and 3, Block Lon the herednafter mentioned plan of lots; thence along said dividing line, Nor+..h.,65 q,egrees 46 minutes, 51 seconds East, a distance of 143.1~,feet;~o ~,p~inti thence South, 46 degrees 50 minutes East, 21 feet ,to ~:point-at ,dividing line'~etween Lots, 3 and 3Xi thence along said dividing line, south' 54.degre~s 05 minutes West, 149.27 f~et to a' point on'the Easterly line of,Brfard Road aforesaid; the~ce along same in an arc having a radius of 244.90 feet in a northerly direction to the 'right, 50 feet to a point, the place of BEGIN~ING. BEInG Lot No.3, BlOCk L, Plan 14, Ridley. Park, as racord3d in subdivision' Plan'Sook 21, page.l~. j " r . , 'j ,,' ',! .1 ! '..,.' ',"".", .- :i.~,}~l:fft:};'. ts: FifO 1+ ''fj i' \. JI'l' I.........'" '" '" , =, ~". '" . -'-" , "~:, . . . 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 IN MERGER TO BANCPLUS MORTGAGE CORP. that said facts contained herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: August 18, 2000 ./~ ---" Leon P. Haller, Esquire .",~ _.J. "'"~,,- . .""'"'-.~ , " <'~ " , ,'- I '" ~,~, 1 SHERIFF'S RETURN - REGULAR CASE NO: 2000-05799 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMES IDE LENDING INC VS FREEMAN ROYAL T ET AL KENNETH GOSSEFT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FREEMAN ROYAL T the DEFENDANT , at 0019:05 HOURS, on the 13th day of December, 2000 at 4184 COVE ST APT 114 MECHANICSBURG, PA 17055 by handing to KATHLEEN FREEMAN a true and attested copy of COMPLAINT - MORT FORE together with REINSTATED W/NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.68 .00 10.00 .00 36.68 so;;~~<~ R. Thomas Kline 12/14/2000 PURCELL, KRUG & HALLER me this /l-1:f::. day of Sworn and Subscribed to before By: AQe.uA-J,o.Iu" o2MD A . D . qt ,,0 Ju./.I~" At7J rotnonotary / >,",""'" ..I~~_..,~.~..~.- . . , """"'""='-- I~."",,:", SHERIFF'S RETURN - REGULAR . CASE NO: 2000-05799 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMESIPE LENDING INC VS FREEMAN ROYAL T ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FREEMAN KATHLEEN the DEFENDANT , at 0019:05 HOURS, on the 13th day of December, 2000 at 4184 COVE ST APT 114 MECHANlCSBURG, PA 17055 by handing to KATHLEEN FREEMAN a true and attested copy of COMPLAINT - MORT FORE together with REINSTATED W/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 Answ~~ '..,,?'. . . _. ~ v.d .~~~-€-r~ R. Thomas Kline 12/14/2000 PURCELL, KRUG & HALLER Sworn and Subscribed to before By: ).~ 0/( me this l~ day of ALAA~:2ov-o A.D. ~ a )y.,'I,,, ,/1.'/ Prothonotary .'~ L J', HOMESIDE LENDING, INC Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. CIVIL ACTION - LAW KATHLEEN FREEMAN ROYAL T. FREEMAN ACTION OF MORTGAGE FORECLOSURE Defendants CIVIL Term No. 00-5799 PRACEIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. DATE: December 7, 2000 ~ LER BY Leon . H er 1719 North Front Street Harrisburg, Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 ~~a.-.~~MllIo[_~":llll!i~~~1Ji]i;l_\l;"",~,~~"td"lS'>~'l!""";k~..Il:'~'j,;,,,-i~'r~,~..,;,"~H:iil;i~_,~~~I~"'~'~" ,,', ..- ~'^< ~,,~ ,_". ~'~n~ "~ "'~ . (") (.::1 CJ C <:::) -'n :? CJ ~~~\;~ ""'Om r'1 rnrTl CJ Z:XJ ;~ 11".,~ zr;: (f) ,"',~~ . ~,-.....-' ""', I -<~:, ':::1C! r:: C) -0 ,,- q j;;c ""t'" ~;!F) ~ Zo ~ '5iT1 J>c ':..; z; ~ N 53 =< N -< ,~' ..~. ." l. ,"< ~, ,;, -'--;,' . ~ '" . - HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO. PENNSYLVANIA No. 00-5799 CIVIL vs ROYAL T. FREEMAND AND KATHLEEN FREEMAN Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE VOLUNTARY SUBSTITUTION OF THE HOMES IDE LENDING, INC. F/K/A BARNETT MORTGAGE COMPANY PURSUANT TO RULE 2352(a) 1. HOMES IDE LENDING, INC. F/K/A BARNETT MORTGAGE COMPANY, will be the last assignee of the record and wishes to substitute itself for Plaintiff. 2. Material facts in which the right ~f succession and substitution is based are as follows: (a) The last Assignment of record is to BARNETT MORTGAGE COMPANY and recorded in the aforesaid County in Mortgage Book 523, Page 812 on June 6, 1996. (b) Barnett Mortgage Company is now know as Homeside Lending, Inc. 3. Homeside Lending, Inc. f/k/a Barnett Mortgage ompany does voluntarily substitute itself as Plaintiff here. . .'-'~ ler, Esquire for Plaintiff Date: March 7, 2001 J., " _L .',-- I" -"'I . HOMESIDE LENDING, INC., F/K/A BARNETT MORTGAGE COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW NO. 2000 05799 VS. ROYAL T. FREEMAN AND KATHLEEN FREEMAN, DEFENDANTS IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants ROYAL T. FREEMAN AND KATHLEEN FREEMAN 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 $13.70 from 2/1/00 to 9/1/00) Accumulated late charges Late charges ($24.35 per month to 9/00) Escrow Deficit 5% Attorney's Commission $78,620.55 $ 2,904.40 $ 129.32 $ 170.45 $ 394.43 $ 3.572.47 TOTAL $78,620.55** ** 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. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ~~-,~ . .~ J":"h;,' ... . . , HOMESIDE LENDING, INC., F/K/A BARNETT MORTGAGE COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW NO. 2000 05799 VS. ROYAL T. FREEMAN AND KATHLEEN FREEMAN, DEFENDANTS IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on FEBRUARY 21, 2001 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-- r Leon P. Haller PA I.D. #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 -~"""""~ ~ - .~',~' "'~: ~ HOMESIDE LENDING, INe. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff : NO. 00-5799 CIVIL VS. ROYAL T. FREEMAN AND KATHLEEN FREEMAN : CIVIL ACTION LAW : IN MORTGAGE FORECLOSURE Defendants DATE OF THIS NOTICE: February 21, 2001 TO: KATHLEEN FREEMAN 4184 COVE STREET, APT. 114 MECHANICSBURG, P A 17055 ROYAL T. FREEMAN 4184COVESTREET,APT.114 MECHANICSBURG, P A 17055 TillS 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 IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE. CUMBERLAND COUNTY BAR ASSOCIATION CARLISLE, PA 17013 717-249-3~ PURCELL, KRUG & R By LEON P. HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 ,~ " "'~ """<~ ~"J " ..:'1 . , HOMESIDE LENDING, INC., F/K/A BARNETT MORTGAGE COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW NO. 2000 05799 VS. ROYAL T. FREEMAN AND KATHLEEN FREEMAN, DEFENDANTS 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 ~ /4 ru-Ol against you in the the above- $78,620.55 and for the sale and foreclosure of your property located at: 805 ERFORD ROAD, CAMP HILL, PA 17011 3-/t./-tJl (I",,/h R c(u PROTHONOTAR It Dated: 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: Royal T. Freeman 4184 Cove Street Apt. #114 Mechanicsburg, PA 17055 Kathleen Freeman 4184 Cove Street Apt. #114 Mechanicsburg, PA 17055 " ,-" .w.=~tlil!!!11~JlWi!iW!ll~:!iW!~l"~~i.'ii<{ii:i'illI;ft!"M~",.o!lJ:,"U.M'i-',~,"i't',1"","d",r;;<>l"';I';oPY'b"""_""_,--,~,,,'{i12,;,,~.",,,",,,,~~~Ioi!l11!i~~,,,,-_l<;,,,,I,__fiiI!II:W ::;0... , ~ ~ ~""""" C> <><:I ~ ~ ~ - \1 (\'I... \ i 'LA \ lr- r:- t: :::1, 1- ...... ' t "="='=<~"~O' """"',,,,n'm'"~^,, __<^ (--~ ~ ~'iCrfb ,--..... uv c"~ ~<.:,..\ \; :::: ~. "'0 --. ~ ~ r ~~ ~ ~. -" ,,, ," ,~,- _.0......' -'.- ~~.~~ . 0 D C s,". ::!;': ~w ::.:11> ,r;-; ;~\J Z:,. ZC (fJ",::: .t:~. -S;L ~c.J " ~o :1::: ~.-O ~0 PC ~ ~ 0.") " o .,'1 '; ;.,~ -;.~) . . , .'~ -~, ':.o.,;(~ ani _"I ~ ~ /. -'(' ~ ~ , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2000 05799 HOMESIDE LENDING, INC., F/K/A BARNETT MORTGAGE COMPANY, PLAINTIFF TOTAL AMOUNT OF JUDGMENT $78,620.55 J Interest at $13.70 per diem to sale date $ 3,808.60 Late charges at $24.35 per month to sale date $ 194.80 Escrow Deficit $ 2,000.00 TOTAL $84,623.95* VS. ROYAL T. FREEMAN AND KATHLEEN FREEMAN, DEFENDANT(S) *SALE DATE: WEDS.,JUNE 6, 2001 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above case. Date: March 12, 2001 A~torney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Leon P. Haller PA I.D. #15700 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To captioned described HILL, PA satisfy the judgment, interest and costs in the above case, you are directed to levy upon and sell the property in the attached description known as 805 ERFORD ROAD, CAMP 17011. Date: PROTHONOTARY/CLERK CIVIL. DIVISION BY DEPUTY ~ ., ~ .' ~ . '__, " I ': j~~ ." . ALL THAT CERTAIN tract or parcel of land situate, lying and being in the Township of East Pennsboro, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the. Easterly line of Erford Road, which point is 242.15 feet south of the southeast corner of Erford Road and Dulles Drive and at dividing line between Lots 2X and 3, Blook L on the hereinafter mentioned plan of lots; thence along said. dividing line, North 65 degrees 46 minutes 51 seoonds East, a distance of 143.16 feet to a point; thence South 46 degrees 50 minutes East, 21 feet to a point at dividing line between Lots 3 and 3X; thence along said dividing line, South 54 degrees 05 minutes West, 149.27 feet to a point on the Easterly line of Erford Road aforesaid; thence along same in an arc having a radius of 244.90 feet in a northerly direction to the right, 50 feet to a point, the place of BEGINNING. BEING Lot NO.3, Block L, Plan 14, Ridley Park, as recorded in Subdivision Plan Book 21, Page 11. HAVING ERECTED THEREON A DWELLING KNOWN AS 805 ERFORD ROAD. BEING THE SAME PREMISES WHICH David L. Wyche and Sukhui Wyche by deed dated 9/23/94 and recorded in Deed Book 112 page 426 granted and conveyed unto Royal T. Freeman and Kathleen Freeman. TO BE SOLD AS THE PROPERTY OF ROYAL T. FREEMAN AND KATHLEEN FREEMAN ONJUDGMENT NO. 2000 05799. PARCEL: 09-17-1044-021 _illiiiillr;lIi!ll,'IOO.&i!iiIM~i>'~~;l~~~",i!liii!lm~18w,icl~--W~~';';;~"'" ':_k.i,~"":",;cj,~~-t.'C""-""''/l'''if.W;i",H,"W;,,,Mi;I!!~~IlIil~!!ililii!t1;._K:ii. i~~~-'~~~~ ~ '~~..ll! o 0-"''--.'1 Ce !'-' / ?: ., ~ -on; n1r; Z-'-: mf{; ~-{,-- r:::C) );; Zo o :Pc: ~ , " r- "" i l.N r ~-.J\' C~ ., u., C) <;J\ cJ --, \ \ '- ~ \ 0-> \!'t ~~~\\ ~CC>(\ . J "- ~ \----; ~~~- ~ -:- 'r'-l' 0.\ -f::' - " ~ CA <:c;t CN Cj () ~ ~ ~ .{;' o<? o c; ~n :':'~ ",.;-/01 ;:0 r',~, ~_ .-;,.p::,; ~;~/, ,~=S :2J ".70 Gin -\ 55 '< .~. -0 -!'"" - ~ ~ (Xl .' 'il I II :1 . 9 '" - ," ~ ~ ~ ,I,"~ , HOMESIDE LENDING, INC., F/K/A BARNETT MORTGAGE COMPANY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW NO. 2000 05799 VS. ROYAL T. FREEMAN AND KATHLEEN FREEMAN, DEFENDANTS 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 805 ERFORD ROAD, CAMP HILL, PA 17011: 1. Name and address of the Owner(s) or Reputed Owner(s): Royal T.'Freeman 4184 Cove Street Apt. #114 Mechanicsburg, PA 17055 Kathleen Freeman 4184 Cove Street Apt. #114 Mechanicsburg, PA 17055 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) : 5. Name and address of every other person who has any record lien on the property: UNKNOWN 'r.:J 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... Domestic Relations Office Cumberland County Courthouse Hanover & High 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 co 'he penolcieo of '" 'A C.S. Seocion '9~. to sworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 12, 2001 :jil~' -..^" i'JIi_I~II'l!;t~!fgj!E"W..4f.lriJi';;",~O'ii:-l<.,.,.j~':'''k''''-"l'i',:;W'~'~)~'\,,!;I~'4lMC\,":WAw~ilIIilJ" ~'^ "'1:il ~ - , , . 0 0 0 c:: -n ~ :T- o ~,~ vcr' !'~p mrTl ",' '["""- 7.....' -.--'.' _~:'.Pl 2C cr),.:',:~ .r:- ~u ...,.. ~[ ~~~ (~) >J ,,~, 9$. :.- ~~ -0 '1~- :i> C) ~- 20 -" :Pc ~ ()' , ...--1 Z W 53 :< eX) -< , - I.~~ HOMESIDE LENDING, INC., F/K/A BARNETT MORTGAGE COMPANY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW NO. 2000 05799 VS. ROYAL T. FREEMAN AND KATHLEEN FREEMAN, DEFENDANTS 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, JUNE 6, 2001 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: 805 ERFORD ROAD CAMP HILL 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 05799 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: ROYAL T. FREEMAN AND KATHLEEN FREEMAN "'-I!l!.'! 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 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 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 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. S Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS 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 ,-,- 0'''' '-- kO""[,1 . 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 - .~ h~~ , ALL THAT CERTAIN tract or parcel of land situate, lying and being in the Township of East Pennsboro, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the. Easterly line of Erford Road, which point is 242.15 feet south of the southeast corner of Erford Road and. Dulles DriVe and at dividing line between Lots 2X and 3, Block L on the hereinafter mentioned plan of lots; thence along said dividing line, North 65 degrees 46 minutes 51 seconds East, a distance of 143.18 feet to a point; thence South 46 degrees 50 minutes East, 21 feet to a point at dividing line between Lots 3 and 3X; thence along said dividing line, South 54 degrees 05 minutes West, 149.27 feet to a point on the Easterly line of Erford Road aforesaid; thence along same in an arc having a radius of 244.90 feet in a northerly direction to the right, 50 feet to a point, the place of BEGINNING. BEING L~t No.3, Block L, Plan 14, Ridley Park, as recorded in Subdivision Plan Book 21, Page 11. HAVING ERECTED THEREON A DWELLING KNOWN AS 805 ERFORD ROAD. BEING THE SAME PREMISES WHICH David L. Wyche and Sukhui Wyche by deed dated 9/23/94 and recorded in Deed Book 112 page 426 granted and conveyed unto Royal T. Freeman and Kathleen Freeman. TO BE SOLD AS THE PROPERTY OF ROYAL T. FREEMAN AND KATHLEEN FREEMAN ONJUDGMENT NO. 2000 05799. PARCEL: 09-17-1044-021 <. ~~ __oIlllJliW~~tifumii!!~~IIill~Mffi)ioi<il;1fu""."" "-"''''''''-C''';'''i:.,,,,,2<;;-~L-J'L''"H'.i'^"~",o4,,,,,",,,:,4b~~~~~l>lI~~~~'','~~. ." ' "J1, "_0", 'c>. ,. ~ (") C <~. -CJO:." mf";"'~ 2-: Z[~ S? ~~~': ~C"- :i> (~' Z) .-0 >c: ~ .....wJ . \, o ~ n ';-:'~J - ,.,,i'~ ::I:"'" " ";0:' ~~~Lq 'c, ?:", -Tr *-n ~() om ;:-l 55 -< ~.::J .j:. v -"'. N ,:.,) <0 .\1 ^., ^IDid 'HOMESIDE LENDING, INC., FIK/A BARNETT MORTGAGE COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW NO. 2000 05799 VS. ROYAL T. FREEMAN AND KATHLEEN FREEMAN, DEFENDANTS IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, pennsyl vania on ~aq 10\ , a true and correct copy of the Notice of Sale of 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. Service addresses are as follows: Royal T. Freeman 4184 Cove Street Apt. #114 Mechanicsburg, PA 17055 Kathleen Freeman 4184 Cove Street Apt. #114 Mechanicsburg, PA' 17055 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 By PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ,~ . ~ JOHN W. PURCELL HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR BRIAN J. TYLER JILL M. WINEKA LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102~2392 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: Royal T. Freeman 4~84 Cove Street Apt. #~H Mechanicsburg, PA ~7055 Kathleen Freeman 4~84 Cove Street Apt. #114 Mechanicsburg, PA ~7055 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlis~e, PA ~70~3 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 forth on the attached Notice of Sale. By: .nst the said u have an eing notified of / Leon P. Haller PA I.D.15700 Attorney for Plaintiff YOU ARE FURTHER NOTIFIED that the lien you real estate will be divested by the sale and opportunity to protect your interest, if an said Sheriff's Sale. ,,> "~' ~ HOMESIDE LENDING, INC., F/K/A BARNETT MORTGAGE COMPANY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW NO. 2000 05799 VS. ROYAL T. FREEMAN AND KATHLEEN FREEMAN, DEFENDANTS 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, JUNE 6, 2001 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: 805 ERFORD ROAD CAMP HILL 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 05799 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: ROYAL T. FREEMAN AND KATHLEEN FREEMAN J p,,; 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 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 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 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: 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 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 ALL THAT CERTAIN tract or parcel of land situate, lying and being in the Township of East Pennsboro, in the county of Cumberland and commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the. Ea~terly line of Erford Road, which point is 242.15 feet south of the southeast corner of Erford Road and Dullea Drive and at dividing line between Lots 2X and 3, Block L on the hereinafter mentioned plan of lots; thence along said dividing line, North 65 degrees 46 minutes 51 seconds East, a distance of 143.18 feet to a point; thence South 46 degrees 50 minutes East, 21 feet to a point at dividing line between Lots 3 and 3X; thence along said dividing line, South 54 degrees 05 minutes West, 149.27 feet to a point on the Easterly line of Erford Road aforesaid; thence along same in an arc having a radius of 244.90 feet in a northerly direction to the right, 50 feet to a point, the place of BEGINNING. BEING Lot No.3, Block L, Plan 14, Ridley Park, as recorded in Subdivision Plan Book 21, Page 11. HAVING ERECTED THEREON A DWELLING KNOWN AS 805 ERFORD ROAD. BEING THE SAME PREMISES WHICH David L. Wyche and Sukhui Wyche by deed dated 9/23/94 and recorded in Deed Book 112 page 426 granted and conveyed unto Royal T. Freeman and Kathleen Freeman. TO BE SOLD AS THE PROPERTY OF ROYAL T. FREEMAN AND KATHLEEN FREEMAN ONJUDGMENT NO. 2000 05799. PARCEL: 09-17-1044-021 ) r Re: Homeside v.Freeman Cumberland Sales 6/6/01 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service For.m 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Royal T. Freeman 4184 Cove Street Apt. #114 Mechanicsburg, PA 17055 U. S. POSTAL SERV[;CE CERTIFICATE OF MAffifurNG (In compliance with Postal Sei~ibe For.m 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Kathleen Freeman 4184 Cove Street Apt. #114 Mechanicsburg, PA 17055 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service For.m 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 postage: One piece of ordinary mail addressed tn. Domestic Relations Office Cumberland County Courthouse Hanover & High Streets ~arlisle, PA 17013 -'IIitI~I\i:iiiiiII~!Ilmtilll~~~~J.m,,'i,,~~~!J1fj~~Wlii'- _. \ (") 0 C C ., ~ r .-. -oQJ e :T (!1nl Z n u_ Z::u .-,-, ZC , "-"". Cf)x!:.';, C7' ::>10 -<""- G.~ r;::C7 -,J :<"";C ";> .\ X ~8 c...J ;,-~ '"f") Z ., ::< => ~ ...J -< "~ ..~ ."j~ . , ~ , 1 STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } SS. Robert P Ziegler I, -----_________________________________________________________________________llecorderof Deeds in and (or said County and State do 'hereby certify that the Sheriff's Deed in which _______n_n____ Secretary of Veterans Affairs . --------------------------- .-------------------- ----------__________________________ IS the grantee the same having been sold to said grantee on the _~_t_~______________n____________________n____ day of _~:__, under and by virtue of a wriL_____________ 14th Execution . ----------------------- ------------------ ------- ISSued on the _ _______ n_ n ___ ____ _n___ __ ____ __ n_ June AD' ________________________________________ . ., J March day of __________________________ A. D., Civil ---------------------------- --..-- -----________ -_ __ _______ n_____ ______ n__ __ _____ Term, : . 5799 Homeside Lending Inc fka Barnett Mtg Co Number ______________, at the suit of -_n____________n_____n________n__________nn______________ --~~-, out of the Court of Cornman Pleas of said County as of 00 ________________ _____ __________ __ __ againsl_ ____ __~_oZ~~_:__!:~_':.~~~__~_~.:':_~: ~:~ ____ __ ____ ___ is duly Il'ecorded in Sherifrs Deed Book No. ___z..~~__n__, Page n________:!.7 IN TESTIMONY WHEllEOF, I have hereunto sel my hand and seal of said office this ____~~__ day of ___n___~-----n-------- A. D., :z... Q_?_J ---?!:J~---'~:---~~;.J1~~:1 lll!enRIer6flleetls.~\)lUntJ.CI_PA My Cbn"IIl_ Eapllelllltflla....'U.... .~~. _ ~U~ ~ , Homeside Lending, Inc. f/k/a Barnett Mortgage eompany VS Royal O. Freeman and Kathleen Freeman ...., I_ ' -.J.......~ag, ~< In the Court of eommon Pleas ofeumberland eounty, Permsylvania No.. 2000-5799 Michael Barrick, Deputy Sheriff, who being duly swo.rn acco.rding to law, says on April 11, 2001 at 2:52 o'clock P.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description on the property of Royal T. Freeman and Kathleen Freeman located at 805 Erford Rd. eamp Hill, eumberland eounty, Pennsylvania, according to law. Michael Barrick, Deputy Sheriff, who. being du1y sworn according to law, says o.n April11, 2001 at 10:23 o'clock AM EDST, he served a true co.py of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Ro.yal T. Freeman, by making known unto Kathleen Freeman, wife, at 4184 eove eourt Apt.114, Mechanicsburg, eumberland eounty, Pennsylvania, its contents and at the same time handing to her perso.nally the said true and attested copies of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, says o.n Aprilll,2001 at 10:23 o'clo.ck AM EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one ofthe within named defendants to wit: Kathleen Freeman, by making known unto Kathleen Freeman at 4184 Cove eourt Apt.114, Mechanicsburg, Cumberland eounty, Pennsylvania, its co.ntents and at the same time handing to her personally the said true and attested copies of the same. R. Tho.mas Kline, Sheriff, who being du1y sworn according to law, says that he served the abo.ve Real Estate Writ Notice Poster and Descriptio.n in the following manner: The Sheriff mailed a pendency of the action to o.ne of the within named defendants to wit: Royal T. Freeman by regu1ar mail to his last known address, 4184 eo.ve eourt Apt. 114 Mechanicsburg, P A. This letter was mailed under the date of April 12, 2001 and never returned to. the Sheriff's Office. R. Thomas Kline, Sheriff, who. being duly swo.rn acco.rding to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to. one of the within named defendants to wit: Kathleen Freeman by regu1ar mail to his last kno.wn address, 4184 eove eourt Apt. 114 Mechanicsburg, P A. This letter was mailed under the date of April 12, 2001 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 within described premises at public venue or outcry at the eourt House, earlisle, eumberland eounty, Permsylvania, on June 6, 2001 at 1O:00A.M., E.D.S.T. and sold the same far the sum of $1.00 to Sharon Dunn for The Secretary of Veterans Affairs of Washington, D.e., his successsors and/or assigns. It being the highest bid and the best price received for the same The Secretary of Veterans affairs of Washington, D.C., his successors and/or assigns, ofWisssahickon Avenue and Manheim Street P.O. Bo.lt 8079 Philadelphia, PA being the buyer in this execution paid Sheriff R. Thomas Kline, the sum o.f $814.05 it being costs. Sheriff s eosts Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library eounty Mileage eertitied Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 30.00 15.96 15.00 15.00 30.00 10.00 .50 1.00 17.36 1.39 15.00 30.00 293.30 262.95 25.09 25.00 26.50 $814.05 paid by attorney 06-21-01 Sworn and subscribed to before me This ,gO "'!::" day of q. i 1 2001 A.D. ~. Q.~,~ P othonotary ""'- ~ l .k""",- ~~ R. Thomas Kline, Sheriff By \~S~ JuV (y l-- 3D'oil (j,' /.. \.~ CIL 33o~ fl,.. j / Lf '? f'-I m "~4-,",!,; . . " .~ ....,'": , . , " HOMES IDE LENDING, INC., F/K/A BARNETT MORTGAGE COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 05799 VS. ROYAL T. FREEMAN AND KATHLEEN FREEMAN, DEFENDANTS 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 805 ERFORD ROAD, CAMP HILL, PA 17011: 1. Name and address of the Owner(s) or Reputed Owner(s): Royal T. Freeman 4184 Cove Street Apt. #114 Mechanicsburg, PA 17055 Kathleen Freeman 4184 Cove Street Apt. #114 Mechanicsburg, PA 17055 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) : 5. Name and address of every other person who has any record lien on the property: UNKNOWN ~<:~- " ~~' .~, . .~ V"'.' '. 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 ... Domestic Relations Office Cumberland county Courthouse Hanover & High 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 ~nsworn falsification to authorities. /< F /;1; _/'---~~ ,/~::./ ---------' -I/o'. Leon P. Haller 'PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 12, 2001 . ~.,"".IA-><""""'" "_"",' . ","'~,,~..,,~"~,,~ ""~" '" - ,'",., "~ . . \.-.. ~ ., ~, HOMESIDE LENDING, INC., F/K/A BARNETT MORTGAGE COMPANY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW NO. 2000 05799 VS. ROYAL T. FREEMAN AND KATHLEEN FREEMAN, DEFENDANTS 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, JUNE 6, 2001 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: 805 ERFORD ROAD CAMP HILL 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 05799 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: ROYAL T. FREEMAN AND KATHLEEN FREEMAN i. ! ........._'~iutJ.~.. ., 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 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 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 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. S Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS 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 c "t., -~'''" .. 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 present'ed 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 L "'" ~ f .. ALL THAT CERTAIN tract or parcel of land situate, lying and being in the Township of East Pennsboro, in the county of cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the. Ea~terly line of Erford Road, which point is 242.15 feet south of the southeast corner of Erford Road and Dulles Drive and at dividing line between Lots 2X and 3, Block L on. the hereinafter mentioned plan of lots; thence along said dividing line, North 65 degrees 46 minutes 51 seconds East, a distance of 143.18 feet to a point; thence South 46 degrees 50 minutes East, 21 feet to a point at dividing line between Lots 3 and 3X; thence along said dividing line, South 54 degrees 05 minutes West, 149.27 feet to a point on the Easterly line of Erford Road aforesaid; thence along same in an arc having a radius of 244.90 feet in a northerly direction to the right, 50 feet to a point, the place of BEGINNING. BEING Lot No.3, Block L, Plan 14, Ridley Park, as recorded in Subdivision plan Book 21, Page 11. HAVING ERECTED THEREON A DWELLING KNOWN AS 805 ERFORD ROAD. BEING THE SAME PREMISES WHICH David L. Wyche and Sukhui Wyche by deed dated 9/23/94 and recorded in Deed Book 112 page 426 granted and conveyed unto Royal T. Freeman and Kathleen Freeman. TO BE SOLD AS THE PROPERTY OF ROYAL T. FREEMAN AND KATHLEEN FREEMAN ONJUDGMENT NO. 2000 05799. PARCEL: 09-17-1044-021 , ~ WRIT OF EXECUTION and/or A TI ACHMENT . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-5799 CIVIL 19 CIVIL ACTION ~ LAW TO THE SHERIFF OF CUMBERLAND COUNTY To satisfy the debt, interest and costs due Homeside Lending, Mortgage Company from Royal T. and Kathleen Freeman, Inc., f/k/a Barnett PA 17055. PLAINTIFF{S) 4184 Cove St., Apt 114, Mechanicsburg DEFENDANT(S) (1) You are directed to levy upon the property of the detendant(S) and to sell Real estate located at 805 Erford Road, Camp Hill PA 17011. (See attached legal desciption.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession at GARNISHEE(S) as follows: and 10 notffy the garnishee(s) that: (a) an attachment has been issued; (b) Ihe garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof: (3) If property 0' lhe de'endant(s) not levied upon an subject to attachment is 'ound in the possession of anyone other than a named garnishee, YOll are directed 10 notily him/herlhat he/she has been added as a garnishee and is enjoined as above stated. $3.808.60 Due Prothy $.50 $1. 00 Amounl Due I I t $13.70/diem n eres $78,620.55 to 6/6/01 LL. Ally's Comm Atty Paid Plaintiff Paid % OtherCbsts Escrow Deficit Late charges $2,000.00 to sale date @ $24.35 $194.80 per month .0. oJ1l"1 . ~a: Date: March 14, 2001 CURTIS R. thonotary, Civil Division by 1 MfMJ TRUE COPY FROM RECORD In T esttmony whereof. I hfJIllll(ltOset my hatId and tile _ 01- sale Court at CarlISll\ PI. rh I H "- ~ y of rth c;I..tJ--r;/ ./V Deputy REQUESTING PARTY: Name Leon P. Haller, Esq. 1719 N Front st Address: Attorney for: Harrisburg PA Plaintiff 17102 Telephone: ( 717 ) Supreme CourtlD No. - Prot ~~I~>1W&iI~i~'tr!!'~- , . tlliWI:IU:-"i,---],""'MNm,jC"o~!iiiI""'f,'''1;iil'''.;;jg;tt",,~:g~~ lilljjJit j:-,:IiiIIlImI~!!:1fall.!!!l'''''''~I''iI!l" ~ -. '" I, I' !,' i I' ! R EAl ESTATE tS~l,E ,'Nct!;; , I;' ,," !~ i I, I'. , r , f' Or /VVlC-t~l j(, ;;t/)o II[he s"u~ritlla%iIIOO 1\j\Plll)!"1 tii1l1f:i (;\(~tell1ll:!ani., llrltfif6st!1i ths re21 property \iltuated 111 f!. . Ii? --vrl""JL ~ cumberland {~o"mty, pa , known and numbrared as: S'J 5' t:;L./~ a~ /J.:.ft_. 2nd mOffJ 'uill described on Exhibit "(4" med Wil! .,I.li,,, ,"wit "'''I'I ~l'~.! trll's rer'er"",'(".. >,'.' ["Tr.;n'!~tf.;d hi G,r"l.!'!...,.. lJ ~v ,,-wuu':, \l1\nL\.. l!,.!;} ,.t '" " \:1 ~ >~ ,1'--.-" wo_ !l'l;;~ v . r-~ ~ c::::I Gi) . ~ .. ;./ .".......',~/ l\:1te:~~..&~l!l.!_- dY:'~J~ -REAlESTATESAlEN0.41 ~---~ Wr. No,2000~5T99 ClvllTerro Hom~lde Lending, Inc. f/k/a,Barnett Mortgage COmpany vs RoyalT. Freeman and Kathleen Freeman Ally: Leon P. Haller DESCRIPTION : ALL THAT CERTAIN tract f!i' parcel of land ,)ituate. ]ym~ and being in the TO'Wllship of East Pennsboro In the Count'\! oI Cumberland and CQmmonweaHh of Pennsylvania, more particular1\' described as foUows: 'BEGll'\;-'!ING at a tlOint on the Easterlv line oi Enoro Road, whidi poinl i.~ 2~2.15 feet'south (Ii the 5outbea~t (orner of Erford Road ilnd Dulle:. o.rl~'~,ibd,.;1 di\,tdi~g line De~'een Lots 2X Jnd 3, Block L on the hereinafter mentioned plan of lotsi thence alo"-9- said di\iding line, North 65 degrees -46 minutes ,1""se-oonds East, a distance of 143.18 fe.et to a poinl; thence South 46' degrees 50 minutes East, 21 feet to a paint at dhidlng line between Lois 3 and 3X; thence along sald di\'iding line, Soulh 54 degrees 05 minutes Wes~ 149.2Tfeet to a point on the Easterly line of Eliord 'Road afore5aid; thence along same in an arc ha\1nF a radius of 244.90 feet in II northerlv : direction to the right-50 feet to,a point. the piace . of BEGINNING. BING Lot No.3, Block L, Plan 14, Ridlev Park, as recorded in the Subwvh-,ion Pian Book',;!1, Page . 11." HAVING ERECTED thereon a dwelling known as 805 Erford Road. BEING THE SAME premises "which David L. Wyche and Sukhui Wvche b~' deed daled 9/23194 and recOlded in DeeaBaok 112 page .126 granted and convl:'yed unto Royal T. freeman and Kathleen Freeman, TO.~ESOLD as the property of Royal T. Freeman ana 'Kathleen Freeman on Ju.dgment No. 2000 05799. c~PARCEL,09-17cllll4-o21. - 'o!.I;lIt . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved 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 Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth. of Pennsylvania, with its principai office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and pUblished in their regular daily and/or Sunday/ Metro editions which appeared on the 24th day(s) of April and the 1 st and 8th day(s) of May 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said compa!~nd subsequently duly recorded in ~;::::~;:~~m,"g m Oood. '" ,oct '~'.dC~"'"'0'~"'"5t~:~",:,,'"'m m CO PY Swo n to a .s 21st da of M 001 A.D. SA L E #41 NotBrialS.al ~ Terry L. Russell, Notary Pub Harrisburg. Dauphin Cou My Com",lsslon expire. June 6. NARY PUBLIC Member. Pennsylvania Assoclation.t N~e~ommission expires June 6, 2002 CUMBERLAND COUN1Y 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 $ 261.45 1.50 262.95 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav 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. By.................................................................... ;/1 -. ES'I''''1lE SAH: NO. 41 , Writ No. 2000~5799 Civil Homeside Lending, Inc. fjkja Barnett Mortgage Company vs. Royal T. Freeman and Kathleen Freeman Atty.: Leon P. Haller ALL TIIAT CERTAIN tract or par~ eel of land situate. lying and being in the Township of East Pennsboro. in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as fol- lows: BEGINNING at a point on the Easterly !lne of Erford Road. which pOint is 242.15 feet south of the southeast corner of Erford Road. and Dulles Drive and at dividing line between Lots 2X and 3. Block L on the hereinafter mentioned plan of lots; thence along said divid1ng !lne. North 65 degrees 46 minutes 51 seconds East. a distance of 143.18 feet to a point: thence South 46 degrees 50 minutes East, 21 feet to a point at dividing line between Lots 3 and 3X; thence along said divid1ng !lne. South 54 degrees 05 mlnutes West. 149.27 feet to a point on the Easterly line of Erford Road aforesaid; thence along same in an arc having a radius of 244,,!!lil feet in a northerly d!reci!iOl'l to the ~t, 50 feet to a point. the place 0f BE- GINNING. BEING Lot No.3. Block L. Plan 14. Ridley Park. as recorded In Sub~ division Plan Book 21. Page U. HAVING EREC1ED TIiEREON A DWELLING KNOWN AS 805 ERFORD ROAD. BEING THE SAME PREM1SES WHICH David L. Wyche and Sukhul Wyche by deed dated 9/23/94 and recorded in Deed Book 112 page 426 granted and conveyed unto Royal T. Freeman and Kathleen Freeman. TO BE SOLD AS THE PROP~ ERT\' OF ROYAL T. FREEMAN AND KATJ!ILEEN FREEMAN ON JUDG~ MENT NO. 2000 05799. PARCEL: 09~17-1044~021. i~-;j ~~ - "" ,....,,- PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the eumberland Law Journal, of the eounty and State aforesaid, being duly sworn, according to law, deposes and says that the eumberland Law Journal, a legal periodical published in the Botough of Carlisle in the County and State aforesaid, was established January 2, 1952, andde#gnated by the local courts as the official legal periodical for the publication of all legal notices, aJ!ld has, since January 2, 1952, been regularly issued weekly in the said eounty,and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues ofthe said eumberland Law Journal on the following dates, VIZ: APRIL 27, MAY 4,11, 2001 Affiant further deposes that he is authorized to verify this statement by the eumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. R~ditor -- SWORN TO AND SUBSCRIBED before me this 11 day of MAY. 2001 NOT. '.. I.Q!$ E. SNYDE~ PubIlc caaIIe.BoIo..,,-,- Coun\y5 . ... ,MY, Ca/IIIIIlssloo Elqlir8s mlll.:h 5, 2005