Loading...
HomeMy WebLinkAbout00-06933 -~ ~ J _ i . 1- - ~~. i-~~;_ ~, , ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 00 - 1..9.3J OJ U t"( '-r€./Lft"\ DIXIE L. HAIR Defendant CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgement for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, 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 Court Administrator, Cumberland County Courthouse Carlisle, Pa. 17013 -- (717) 240-6200 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas damandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. 81 NO TIENNE ABOGAD 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA.ESCRIDA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL: CUMBERLAND COUNTY Court Administrator, Cumberland County Courthouse Carlisle, Pa. 17013 -- (717) 240-6200 ~ . '" , """"~,-~:! ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. DIXIE L. HAIR Defendant CIVIL ACTION - LAW MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 31601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any informcttion 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 aforesctid 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 Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff - L, ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. UJ. G,933 d;;J (~. DIXIE L. HAIR Defendant CIVIL ACTION - LAW MORTGAGE FORECLOSURE COM P L A I N T 1. Plaintiff, ASSOCIATES CONSUMER DISCOUNT COMPANY, is a Corporation with offices at 1111 Northpoint Drive, Building 4, Suite 100, Coppell, Texas 75019-3931. 2. Defendant, DIXIE L. HAIR, is an adult individual whose last known residence is 78 FAIRVIEW STREET, CARLISLE, PA 17013- 3120. 3. On or about July 17, 1997, Defendant executed and delivered a Loan Agreement in the sum of $66,236.75 payable to ASSOCIATES CONSUMER DISCOUNT COMPANY. 4. Contemporaneously with and at the time of the execution of the aforesaid Loan Agreement, in order to secure payment of the same, Defendant made, executed and delivered to the original Mortgagee, a certain real estate Mortgage which is recorded in the within Commonwealth and County in the Office of the Recorder of Deeds in Mortgage Book 1394, page 424, conveying to the original Mortgagee the subject premises. Said Mortgage is attached hereto and marked Exhibit "A". 5. The land subject to the Mortgage is: 78 FAIRVIEW STREET, ".1 Ii.D .~ -~ii:' l~ " - - I~ I~~ .' "~' =1 .'- ~ -ilill0i CARLISLE, PA 17013-3120, and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on October 2, 1999 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 63,709.66 (b) Interest at $17.44 per day from 10/2/99 to 10/2/00 (based on contract rate of 9.99%) 6,365.60 (c) 15% Attorney's commission 9,556.45 TOTAL $ 79,631.71* *Together with interest at the per diem rate noted in (b) above after October 2, 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. 9. Plaintiff has complied with the notice procedures IL 1.:.1i~'" required by Pennsylvania Act 160 of 1998 by sending to each Defendant, by regular mail, a copy of the combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notice, along with a copy of the Certificate of Mailing, is attached hereto as Exhibit "C". 10. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or has been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. 11. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. ~ ~ ~ Jl!!i~" , WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 9.99% ($17.44 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, By KR:X?k ?n~~lV, Attorney for Plaintiff I. D. #15700 1719 N. Front St. Harrisburg, Pa. 17102 (717) 234-4178 H' ,,,---" -" . ~" ",,0< --, -^~ ,-, ", .~ \94lp~ C MORTGAGE :'\i!:U\'r ~! Z,\\:Cl::?, ~I: (.~nF iJ: ;l OF DE 1:. 0 S ,;liM:~i..r(LMID COUNn~!\A This Mortgage, entered into this 17 day or JULY DIXIE L. HAIR 01 SOUTH MIDDLETON , 1997, between end '9'/ JUl. 21 PI') 12 1Y WNWoJ{iJtIX<lfTown,hlp) Commonwealth of Pennsylvania, herein called "Mortgagors", and ASSOCIATES CONSUMER DISCOUNT COMPANY, a Pennsylvania corporation having an office and place 01 busIness at 5080 C JONESTOWN RD. HARRISBURG Pennsylvania,hereincalled"Mortgagee," WITNESSETH, that to secure payment by Mortgagcrs 0.1 a Loan Agreement daled the same as this Mo.rtgage In the sum 0.1 $ 66236.75 , tcgether with Interest at the rale staled In the loan Agreement, Morlgagors de by lI1ese presents sell, grant and convey to Mortgagee, ALL the following described real estate situate in the TOWNSHIP of SOUTH NIODLETp,N County of CUMBERLAND , Comm?nWeaUh 0.1 Pennsytvania, described as follows: (Ins&rt<:!G.clll'ti<lnclmQl'tg~l"IlItIl~""l<"",Moftg.,."..'OU<lI ALL TlIAT CERTAIN PARCEL OF LAND SITUATED IN SOUTH MIDDLETOWN TOWNSHIP BEING KNOWN AS PART OF LOT 67 TRACT 1- TRACT 2 IS 21 FEET WESTlvARD LINE AS LOTS 66 AND 67, BLOCK H, PLAN OF LOTS KNOWN AS FAIRFIELD, PLAT BOOK VOLUME 2, PAGE 80 AND BEING MORE FULLY DESCRIBED IN DEED BOOK 0-33 PAGE 83 RECORDED ON 09/07/88 AMONG THE LAND RECORDS OF CUMBERLAND COUNTY, FA, TOGETHER, with all the buildings and Improvements thereon and additions and alterations thereto, IncludIng all aUeys, passageways, rights" liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or appertaining, herein call~~ the MQ.~tgaged Premises. TO HAVE AND TO HOLD the Mortgaged Premises hereby granted and conveyed unto Mortgagee, to an~ .for th~ usa end behcol of Mcrtgagee, ils successors and assigns, forever. Unless proh,ibited under ~tate raw, as additional seourity, Mortgagors hereby give 10 and confer upon Mortgagee the right, power, and aUlhority, during ,l"e c:ontinuance ef this Mortgage, to collect the rents, Issues, and proli1s 01 said property, reservIng unto Mortgagors the rlght,pricr 10 any de/aull by Mortgagors 1n payment of any Indebtedness secured hereby or In performance of any agreement hereunder; to collect and relain such renls, issues and prolits as they become due and payable, Upon any such default, Mortgagbe, ,upcm giving wrilten notification \0 the Mortgagors or their successors, ete" may either In pen:~on, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession 01 said property or any part thereof, in his own name, sue for or ctherwlse collect such rents, issues and profits, inclUding those past due and unpaid, and apply the same, less allowable expenses of collection of such rents, issues and profits, and the application thereol aforesaid, shall not cure or waIve any defaull or nolice of defaull hereunder or invalidate any act done pUlsuanl 10 such notice. THIS Mortgage is made subject to the following conditions, and mortgagors agree: 1, Mortgagors will make all payments on the due date thereof and perform all olher obligations as required or provided herein and in sald Loan Agreement. 2. Mortg8gors will pay When due aU taxes and assessments levied or assessed against saId premises or any part thereof, and will deliver receipts therelo( to the Mortgagee upon request. ' 3. Morlgagors will keep the improvements now exIsting or hereinafter ere~ted on the premisss insured against loss or damage by lire and other nazards and perils Included within the scope 01 a standard extended coverage endorsement, and such other hazards as Mortgagee may require, in such amounts and lor such periods as Mortgagee may require, and in an insurance company or inSLlrance companies ecceptable to Mortgagee. All insurance pOlicies and renewals shall designate Morlgagee as mortgage loss payee and shall be in a form acceplablelc Mortgagee. Mortgagors hereby confer full power on Mortgagee to seUle and comprcmlse all loss claims en aU such policies; to. demand, receiva, and receipt for at! proceeds becomlng payable t.nereuruier; and, at Mortgagee's opticn, to epply same toward either the restoration or repair of the premises or the payment 01 the Loan Agreement. Any application or such proceeds toward payment of Ine Loan Agreement shall not extend or postpone the due date of monthly Installments due under the Loan Agreemenl. Tho. provla(one. appearing on page 2 (Ute raverell a(de of lhla Mortgage) are a part cf this Mortgage. " ellSS2RlOV,4-I17 lGfNAL(l) BORROWER CCPY (ll RIlTENT1cH COPY (I) OO.1;A.03 Bo0K1394i'iGE 424 .~.. ." ,.'."~ . ::J: ii' ! :\!~\ t ~I'I':! If A" IXHIBIl - ~ ~, ~- lli'--' ," " . , , .'\11 those two (2) certain tracts of land situate in South Middleton Township, Cumberland County. Pennsylvania, bounded and described as follows: / TRACT NO.1 ON the East by land now or formerly of Curvin G. Laughman and wife; on the South by land now or formerly of Donald R. Irvin; on the West by Tract No. 2 hereinafter dccrlbed; and on the North by land now or formerly of Frank Petrongonia; having a width of 50 feet along said land nOw or formerly of Curvin G. Laughman, and extending a distance of 140 feet westward to said Tract No. 2 hereinafter described; and being improved with a one and one-half story concrete' block dwelling house with mailing address of 78 Fairview Street. Carlisle, Pennsylvania, 17013. BEING the western 140 feet of Lot No. 67, Block "H", of Plan of Lots known as IIFairfieldll, as recorded in the hereinafter named Recorder's Office in Plan Book No.2 Page 80. TRACT NO.2 BEGINNING at a point at the northwestern corner of Tract No. 1 hereinafter decribed. which point is the northwestern corner of Lot No. 67 of Block flHI! of the Plan of Lots known as "Fairfield" recorded in t,he hereinafter mentioned Recc..rder' s Office in Plan Book No.2. Page 80; thence from said point at the Place of Beginning along the western line of Lots Nos. 67 and 66 of Block IIM'I of said Plan of Lots known as "Fairfield". southwardly. a distance of 100' feet to a poipt. the junction of land now or formerly of Donald R. Irvin and Harold Stoey; thence West along line of land now or formerly of Benjamin Moyer and wife, a distance of 21 feet; thenee northwardly along land retained by Robert M. Frey by a line parallel to the western line of said Lots Nos. 66 and 67 of Block ItU", a distance of 100 feet. more or less. to a point in the west- ward extension of the northern line of Tract No. 1 hereinabove described: thence eastwardly along the western extension of the northern line of said Tract No. 1 hereinbefore described. a distance of 21 feet to a point, the place of BEGINNING. BEING a strip of land extending 21 feet. westward from the western line of Lots Nos. 66 and 67 of Block "a" as shown on said Plan of Lots known as "Fairfield". and having thereon erected a one-car garage. TOGETHER with a right of way 21 feet wide extending southwardly from Middleton Avenue along the western line of Lots Nos. 70. 69 and 68 of Block IIH" of said Plan of Lots known as "Fairfield". a distance'of approximately 150 feet to the northern line of Tract No. 2 hereinbefore described. said right of way to be used in common by the within Grantees and the within Grantors. and their respective heirs and assigns. flD II EXHIBIT .LJ "~ " I I I [ , I i i I I I , i I i " -- J o'~1 -L . " ,^ LJ:ill'\I!!:cl'.~ , ASSOciates v. HAIR Act 6/91 Notice U. S. POSTAL SERVICE CERTIFICATE OF MAILING liance with Postal Service Form 3817 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Dixie L. Hair 78 Fairview Street Carlisle, PA 17013 POstmark: (/ e\l EXHIBIT _ .' -- -. ~ ,1 .'~'. 'h.~t, , ACT 9 1 NOT ICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortqaqe on your home iE, in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached paqes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the proqram works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when yOU meet with the Counselinq Aqency. The name. address and phone number of Consumer Credit Counselinq Aqencies servinq your County are listed at the end of this Notice. If YOU have any questions. yoU may call the Pennsylvania Housinq Finance Aqency toll free at 1-800-342-2397. (Persons with impaired hearinq can call (717)780-1869). This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. - " --I L, I ~:J ;'_ , June 1, 2000 To: Dixie L. Hair 78 Fairview Street Carlisle, PA 17013 Re: Loan No. 013703360207900 Property: 78 Fairview Street, Carlisle, PA 17013 CURRENT LENDER/SERVICER: Associates Financial Services Co., Inc., 1111 Northpoint Drive, Building 4, Suite 100, Coppell, Texas 75019-3931 HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: ! IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL I IF YOU HAVE A REASONABLE PROSPECT OF RESUMING YOUR MORTGAGE PAYMENTS, AND ! IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE X Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY ASSISTANCE, YOU MUST BRING YOU~ MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE. YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. ~~ L ~ ' ~~~~li;",l-" " CONSUMER CREDIT COUNSELING AGENCY X If you meet with your creditor or with a consumer credit counseling agency identified in this notice, the creditor may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of desiqnated consumer credit counselinq aqencies for the count v in which the propertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in~this Notice (see following pages for specific information about the nature of your default) . If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIBD. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THB DEBT. (If you have filed Bankruptcy you can still apply for Emergency Mortgage Assistance.) ~,. I " ~'.. r~ -~ , HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT X The MORTGAGE debt held by the above creditor on your property located at: 78 Fairview Street, Carlisle, PA 17013 IS IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The following amounts are now past due: Delinquent payments (8 @ $739.49) Payment due during cure period $5,915.92 739.49 Total amount due $6,655.41 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN): NOT APPLICABLE HOW TO CURE THE DEFAULT X You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE to the lender plus any additional monthly payments and late charges which may fall due after the date of this notice and the date you make your payment. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Associates Financial Serives Co., Inc. 1111 Northpoint Drive, Buildinq 4, Suite 100 Coppell, Texas 75019-3931 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: NOT APPLICABLE IF YOU DO NOT CURE THE DEFAULT X If you do not cure the default within THIRTY (30) DAYS of the aate of this Notice, the creditor intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due lS not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start a lawsuit to foreclose upon vour mortqaqed property. , I , ,~' 'u .ii.-'tJ!jfk; , IF THE MORTGAGE IS FORECLOSED UPON X The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If tile len~er refers your case to its attorneys, but you cure the dellnquency before the creditor begins legal proceedings against you, you wlll still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees wlll be added to the amount you owe the lender, which may also include other reasonable costs. If vou cure the default within the THIRTY (30) DAY period. vou will not be required to pav attornev's fees. . OTHER LENDER REMEDIES X The lender may also sue you personally for the unpaid principa~ balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE X If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the riqht to cure the default and prevent the sale at any time UP to one hour before the Sherlff's Sale. You mav do so ba payinq the total amount plus any late or other char~es then ue, reasonable attorney's fees and costs connecte wlth the foreclosure sale and any other costs connected wlth the Sherlff's Sale and by Qerforminq any other requirements under the mortqaqe. EARLIEST POSSIBLE SHERIFF'S SALE DATE X It is estimated that the earliest date that such a Sheriff's Sare of the mortgaged property could be held would be approximately FOUR months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. If money is due, such payment must be in cash, cashier's check, certified check or money order, made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER Associates Financial Services Co., Inc. 1111 Northpoint Drive, Building 4, Suite 100 Coppell, Texas 75019-3931 (800)438-0263 EFFECT OF SHERIFF'S SALE X You should realize that a Sheriff's Sale will end your ownersliip of the mortgaged property and your right to occuPy it. If you continue to live in the property after the Sherlff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. OTHER RIGHTS THAT YOU HAVE X You have additional rights to help protect your interest in the property: i'~ ' ;j '. ,. 0 ,- .- ~ - '..~ """'IlW.:!L , YOU MAY ALSO HAVE THE RIGHT: I TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE bEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. I TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR 13EHALF. I TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO bEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) I TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, I TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (SEE ATTACHED) ol->... , CUMBERLAND COUNTY CCCS of Western PA, Inc. 2000 Linglestown Rd. Harrisburg, PA 17102 (717)541-1757 Urban Leg. of Metro. Hbg North 6th Street Harrisburg, PA 17101 (717)234-5925 FAX#(717)234-9459 Community Act. Commision of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717)232-9757 FAX#(717)234-2227 Financial Counseling Services of Franklin 31 W. 3rd Street Waynesboro, PA 17268 (717)762-3285 YMCA of Carlise 301 G. Street Carlisle, PA 17013 (717)243-3818 FAX#(717) 731-9589 " ;, , ."""".~, ~ , -'~, ., " COMPANY NAME: ASSOCIATES CONSUMER DISCOUNT COMPANY VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of l8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 00-July-l7 By {)hOiJXL !..J'UcRI1'lU Title Team Lead/Attorney Management Unit .~" - -- ..~ -,~'" " c 1 ,,- '~~<$! SHERIFF'S RETURN - REGULAR CASE NO: 2000-06933 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ASSOCIATES CONSUMER DISCOUNT VS HAIR DIXIE L WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HAIR DIXIE L the DEFENDANT , at 2005:00 HOURS, on the 12th day of October ,2000 at 78 FAIRVIEW ST. CARLISLE, PA 17013 by handing to DIXIE L. HAIR a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.10 .00 10.00 .00 31.10 .~~~~<t:~ R. Thomas Kline 10/13/2000 PURCELL KRUG AND HALLER Sworn and Subscribed to before By: ~J Deput riff me this jJ'~ day of ()~ ,;U/7fD A.D. ~6'. fn-,'j,.~~ P othonotary ,,'-- ~ .- .,~;' .... . . ASSOCIATES CONSUMER DISCOUNT COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2000 6933 CIVIL DIXIE L. HAIR, DEFENDANT 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 Defendant DIXIE L. HAIR 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: Interest (Per diem of $17.44 from 10/2/99 to 10/2/00) $63,709.66 $ 6,365.60 Unpaid principal balance TOTAL $ 9,556.45 $79,631.71** 15% Attorney's Commission ** 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. :~CE~L' '"4 Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 1:\HOME\MKF\DOCS\CUMBERLA\HA1R.P - -.-'~.' " 1,- [ ~:;'m,'_ ~ ASSOCIATES CONSUMER DISCOUNT COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2000 6933 CIVIL DIXIE L. HAIR, DEFENDANT IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on November 6, 2000 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By Leon P. Haller PA I.D. #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 . ..1 =-~" I. 1'- i. " .~l',r ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : NO. 00 - 6993 CIVIL vs. DIXIE L. HAIR Defendant : CIVIL ACTION LAW : IN MORTGAGE FORECLOSURE IMPORTANT NOTICE TO: Dixie L. Hair 78 Fairview Street Carlisle, Pa 17013-3120 DALE OF NOTICE: November 6, 2000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE, 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. Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle PA 17013 (717) 240-6200 Purcell, Krug & Haller 1719 North Front Street Harrisburg, P 7102 By IJ on P. Haller LD.#15700 Attorney for Plaintiff _ii I.., ~ -..... ~:f''';: , ASSOCIATES CONSUMER DISCOUNT COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2000 6933 CIVIL DIXIE L. HAIR, DEFENDANT IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County; LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant(s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and sub~ibed : before me this Y day: of Ih~ 20 #0 : ~ J/YJ~ ot~y Public LEON P. HALLER, ESQUIRE -"'---,~_._- j~?'rf/:,!:.~~.~:7U~--~ ,\. r f.."nr~ I r I .'.h:'",ry P bl' lO\.,'!:p;' 1~:~'I(~'I'r"'I''''''''' -': "I. '~',i., U IG ","rI r ,"if I..nil! V~'i~ D!.lJ l'--"I'.rH~! .~ M ~M.' ' '.w' ,," vounty I w,ltmlssloll &x Im$F\UGUST S 2002 :!iJiiM~ '1 Trnj@jij;A..irn~:t~~~ii~$~~jllid!!,'\5"ili~';\,>!ill;,~~~ ,-"" ~" ~ ~ '>,~ lIiU il fiR' "~I'i!ta~ -," "' ,~-''' .' ~. ~-- , c (::J (.) -tq 0 C. c") i ....0 c 0 " 9- \l:- t) $. Cl uCG Tn :0:1 () mrr~ n ,.- - Z~.I,,1 Tn ~ ....... 1-J ~'~i~~ N (? () i' ~ r:'C; ~ j -t- ~ ~ .~ ;p, ~~~ ?15 ::a;: -0 -,C) ""'0 Om (U "\) t ~~ )>C 'P. --, - "'J z ).~ R: ::( (J) ~ Pi ,'- " ~ ' "~~ I, . , =~ ~", ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Associates Consurrer Discount Ca:rpany Plaintiff (. ) Confessed Judgment (XX) Other IN MORffiAGE FORECLC6DRE vs. File No. . ' Amount Due " 2000 6933 Civil Dixie L. Hair, Defendant Interest $17. 44/diem 10/2/00 to 3/7/01 Late charges Escr= Deficit Costs $79,631. 71 2,73Ei.08 2,000.00 TO THE PROTHONOTARY OF THE SAID COURT: $84,369.79 The undersigned hereby certifies that the below does not arise out of a retail installment sale, conliract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended, Issue writ of execution in the above matter to the Sheriff of COMBERLI\ND for debt, interest and costs. upon the following described property of the defendant(s) Real Estate: 78 FAIRlJIEW STREET, CARLISLE, PA 17013 County, PRAECIPE FOR ATTACHMENT EXECUTION ~ Issue writ of attachment to the Sheriff of County, for debt. interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) REAL ESTATE: REAL CWNER: . and all other property of the defendant(s) in the possession, custody or'control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real es te of the defendant(s) described in the attached exhibit. Date /';/~i? Signature: Print Name: Address: Leon P. Haller, Esquire Purcell, Krug & Haller J71Q ~Q""th "'1;oot s:tJ;.Slilt Harrisburg, PA 17102 Attorney for: Telephone: Supreme Court 10 No.: PIAINTIFF 717-234-4178 US700 (over) _i .-' ~~ 00_ .. m, . All those two (2) certain tracts of land situate in South Middleton Township, Cumberland COunty, Pennsylvania, bounded and described as follows: TRACT NO.1 ON the East by land now or formerly of Curvin G. Laughman and wife: on the South by land now Or formerly of Donald R. Irvin; on the West by Tract No. 2 hereinafter dccrlbed; and on the North by land now or formerly of Frank Petrongonia; having a width of 50 feet along said land now or formerly of Curvin G. Laughman, and extending a distance of 140 feet westward to said Tract No. 2 hereinafter described: and being im~roved with a one and one-half story concrete block dwelling house with mailing address of 78 Fairview Street, Carlisle, Pennsylvania, 17013. BEING the western 140 feet of Lot No. 67. Block "H", of Plan of Lots known as "Fairfield", as recorded in the hereinafter named Recorder's Office in Plan Book No.2 Page 80. ToRACT NO.2 BEGINNING at a point at the northwestern corner of Tract No. 1 hereinafter decribed, which point is the northwestern corner of Lot No,,'67 of Block "u" of the Plan of Lot" known as "Fairfield" recorded in the hereinafter mentioned Recurder's Office in Plan Book No.2, Page 80: thence't:roD! sa~d pO,int '!t till! Place of Beginning along the westE,rn line of Lots Nos. 67 and 66rif Block'''H''':'of said ~Plan of Lots known as "Fairfield", ' southwardly, a distsn,ce of 100 feecto !!'point, the junction of land now or formerly of Donald R. Irvin and Harold Stoey:" thenceWel!t dong line of land' now or formerly elf Benjamin Moyer and wife, a distance of 21 f,,:et: thence northwardly along land retainE!d by Robert M. Frey by a line~arallel to the western line of said Lots Nos. 66 and 67 of Block "H", a dist!!"ce o,I 100 feet" mOl'\, or less, to a point in the west- ward extension of the northern line ,of tract' No.1 hereinabove described: thence eastwardly along the western ',extension of the northern line of said Tract No. 1 hereinbefore described, a dis.tanse of 21 feet to', a point, the place of BEGINNING. BEING a strip of land extending 21 feet westward from the weatern line of Lots Nos. 66 and 67 of Block "u" as shown'oq said Plan of Lots known as "Fairfield", and hav~ng thereon erected a one-car garage. TOGETHER with a right of way 21 feet wide extending southwardly from Middleton Avenue along the western line of Lots Nos. 70, 69 and 68 of Block "H" of said Plan of Lots known as "Fairfield", a distance pf approximately 150 feet to the northern line of Tract No. 2 hereinbefore described, said right of way to be used in common by the within Grantees and the within Grantors, and their respective heirs and assigns. BEING THE SAME PREMISES WHICH Joseph J. Silka and Carolyn S. Silka by deed dated 9/2/88 and recorded 9/7/88 in Deed Book 0-33, Page 83 granted and conveyed unto Dixie L. Hair. TO BE SOLD AS THE PROPERTY OF DIXIE L. HAIR ON JUDGMENT NO. 2000 6993 CIVIL. ASSESSMENT #40-23-0592-052 "' !ili!l '~"~iMil~lD~ll~~;'&k;i"\ih!Il!ElJM~dlH'310i'i!i,;;it,,,~fl~-";j':i'fif-'~'-'- <"~~~~~llili:1i!lMllJij--" ~--.I ,,'- '0 Ujll'l , . ". (:) ~ t::J ...... 'i :~ ~ () ~ ~ ~ ~ l.J ~ --0 CI) ":"- . ~ ~ ~ () ...... ~ 0 "-> \) l:I} ..... 8 ....... ~ !) 0 ~ "- 0 (\ ~ .c:- I f { ~ ~ .,..... (? r () 0 0 [)0 c;: 0 ,1 1" ~ CJ ~ " :: " ~ ""OD::: , ~ ::: r>'1 (Ilfn n ~..U ~~ L::n 'Cia::; " zc- " (f)J> N :~,~J IT - ~ -<::z ~ .. _~:~C) ;r ~c > C?~~ p(-, :::t:: z~ --0 am Pc l.O z: ~ =< 0'> Xl -< ~ -"-- --I; ~~""""""iI"'- , ASSOCIATES CONSUMER DISCOUNT COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2000 6933 CIVIL DIXIE L. HAIR, DEFENDANT IN MORTGAGE FORECLOSURE AFFIDAV~T 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 78 FAIRVIEW STREET, CARLISLE, PA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): Dixie L. Hair 78 Fairview Street Carlisle, PA 17013-3120 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) Household Realty Corporation 25 Gateway Drive Gateway Square - Suite 107 Mechanicsburg, Pa 17055 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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 - '~M\l " illlKNOWN 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 0 unsworn falsification to authorities. , :'~ , Leon P. Haller #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 !i ~ J " I'; " ,) i:i [ ~ i " .~ , ~ DATE: December 8, 2000 ~;: i ~ ~"1[[ 1ll lf~lirttl!tiJllllli",~~~~~f,}!._~rif~*-.-!gH;:titll>Wi!I""I~K'''' ,-, J.- do,'''''; ." "" "~. . "~ <-'~, ~" ~ ;; n (;::l 0 c:: 0 -q s: 0 -oU: r<1 ::!J 92" n -i"': 21'" N ~~~~ w..t:; -<..~O< >.,,:, !<C ".. -r.-ri )>r.> ::l:: ~~'::!J Z{<< (,~(--, )>"" '!? 8m '- -=' 2 ~ .-j (j'\ .-<; ,'-~ ~,I - , "' I ASSOCIATES CONSUMER DISCOUNT COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VB. CIVIL ACTION - LAW NO. 2000 6933 CIVIL DIXIE L. HAIR, DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, MARCH 7, 2001 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 TaE 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 mentlon of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 78 FAIRVIEW STREET CARLISLE 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 6993 CIVIL THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: DIXIE L. HAIR ,.- I~b'~ '1,1,. - i '. ,~. JJ:~ ~11l~,,; I 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 - I V .AI!l;(~illlilm~l { 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 l719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ,~ Hil1" ( , l\ll those two (2) certain tracts of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO.1 ON the East by land now or formerly of Curvin G. Laughman and wife; on the South by land now or formerly of Donald R. Irvin; on the West by Tract No. 2 hereinafter dccdbed; and on the North by land now or formerly of Frank Petrongonia; having a width of 50 feet along said land now or formerly of Curvin G. Laughman, and extending a distance of 140 feet westward to said Tract No. 2 hereinafter described; and being improved with a one and one-half story concrete block dwelling house with mailing address of 78 Fairview Street, Carlisle, Pennsylvania, 17013. BEING the western 140 feet of Lot No, 67. Block "H", of Plan of Lots known as "Fairfield", as recorded in the hereinafter named Recorder's Office in Plan Book No.2 Page 80. ToR ACT NO.2 BEGINNING at a point at the northwestern corner of Tract No. 1 hereinafter decribed, which point is the northwestern corner of Lot No. 67 of Block "H" of the Plan of Lots known as "Fairfield" recorded in the hereinafter mentioned Recurder's Office in Plan Book No.2, Page BO; thence from said point at the Place of Beginning along the western line of Lots Nos. 67 and 66 of Block "H" of said Plan of Lots kno,"", as "Fairfield", southwardly, a distance of 100 feet to a point, the junction of land now or formerly of Donald R. Irvin and Harold Stoey; thence West along line of land now or formerly c>f Benjamin Moyer and wife, a distance of 21 feet; thence northwardly along land retained by Robert M. Frey by a line parallel to the weatern line of aaid Lota Nos. 66 and 67 of Block "H", a distance of 100 feet, more or leas, to a point in the west- ward extension of the northern line of Tract No. 1 hereinabove described; thence eastwardly along the western extension of the northern line of snid Trnct No. 1 hereinbefore described, a distance of .21 feet to s point, the plsce of BEGINNING. BEING a strip of land extending 21 feet westward from the western line of Lata Nos. 66 and 67 of Block "a" as shown on said Plan of Lots known as "Fairfield", and hav~ng thereon erected a one-car garage. TOGETHER with a right of way 21 feet wide extending southwardly from Middleton Avenue along the western line of Lots Noa. 70, 69 and 6B of Block "H" of said Plan of Lots known as "Fairfield", a distance of approximately 150 feet to the northern line of Tract No. 2 hereinbefore described, said right of way to be used in common by the within Grantees and the within Grantors, and their respective heirs and assigns. BEING THE SAME PREMISES WHICH Joseph J. silka and Carolyn S. Silka by deed dated 9/2/88 and recorded 9/7/88 in Deed Book 0-33, Page 83 granted and conveyed unto Dixie L. Hair. TO BE SOLD AS THE PROPERTY OF DIXIE L. HAIR ON JUDGMENT NO. 2000 6993 CIVIL. ASSESSMENT #40-23-0592-052 ~ "_M' 'iIlliillil-im.('l$~~i..I;/WI\Jli!lh~<?<Iiij-~,"~i!lw'~i\.~m,.",~-""--' ..'-,~.. ~"""'"'"~~, ~"'-";""~"""il' .'. It""'-' ~.~ ~. , .~~ ~~ ~"~ " d?, '. , -, ~ , , n C) 0 c: C:J --r~ ~;: CI -oen c1f1 rl1rr"' c') Z:IJ 2:[;: m N CJ ~~2~ ,1. r<: c:; '.~ ;D' 'T, ,):::~C :::r: t?~~ :2~,('-) Pc= CO Om Z ~ :;'2 0"> ~ ~ ~~'~ . flL ASSOCIATES CONSUMER DISCOUNT COMPANY, PLAINTIFF VS. DIXIE L. HAIR, DEFENDANT Ie - , ,~ '" :ii~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 6933 CIVIL IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I h1~e d~~os~ed in the U.S. Mails at Harrisburg, Pennsylvania on Id)- /41{ - (J)) , 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: Dixie L. Hair 78 Fairview Street Carlisle, PA 17013-3120 Household Realty Corporation 25 Gateway Drive Gateway Square - Suite 107 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 ,"""~ ~, ---~ I~ , ~~, JOHN W. PURCELL HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. BRIAN.T. 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 (1910-19132) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD (717) 533-3836 NOTICE TO: Dixie L. Hail:" 78 Fairview Street Carlisle, FA 17013-3120 Household Realty Corporation 25 Gateway Dl::ive Gateway Squal::e - Suite 107 Mechanicsburg, Pa 17055 Domestic Relations Office Cumberland CQunty Courthouse Hanover & High Streets Carlisle, FA 17013 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 th~ 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: Leon P. Haller PA I.D.15700 Attorney for Plaintiff said YOU ARE FURTHER NOTIFIED that the lien you hold real estat~ will be divested by the sale and that opportunity to protect your interest, if any, said Sheriff's Sale. ~ , --~ ~. - ~llt\lilUl~i!i>'" ASSOCIATES CONSUMER DISCOUNT COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2000 6933 CIVIL DIXIE L. HAIR, DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TA1{E NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, MARCH 7, 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: "', ill' 78 FAIRVIEW STREET CARLISLE 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 6993 CIVIL THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: DIXIE L. HAIR ~'W>> A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to recei ve part of the proceeds of the sale recei ved 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 ,", ~ i~" 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 :, lJ...<l~~" .Jill. -'if"";: All those two (2) certain tracts of land aituate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. I ON the East by land now or formerly of Curvin G. Laughman and wife; on the South by land now or formerly of Donald R. Irvin; on the West by Tract No. 2 hereinafter ctecrlbect; and on the North by land now or formerly of Frank Petrongonia; having a width of 50 feet along said land now or formerly of Curvin G. Laughman, and extending a distan~e of 140 feet westward to said Tract No.2 hereinafter described; and being improved with a one and one-half story concrete block dwelling house with mailing address of 7B Fairview Street, Carlisle, Pennsylvania, 17013. BEING the western 140 feet of Lot No. 67, Block "R", of Plan of Lots known as "Fairfield", as recorded in the hereinafter named Recorder's Office in Plan Book No.2 Page BO. T>RACl' NO.2 BEGINNINC at a point at the northwestern corner of Tract No. I hereinafter decribed, which point is the northwestern corner of Lot No. 67 of Block "R" of the Plan of Lots known as "Fairfield" recorded in the hereinafter mentioned Recurder's Office in Plan Book No.2, Page 80; thence from said point at the Place of Beginning along the weatern line of Lots Nos. 67 and 66 of Block "H" of said Plan of Lots known as "Fairfield", southwardly, a distance of 100 feet to a point, the junction of land now or formerly of Donald R. Irvin and Harold Stoey; thence West along line of land now or formerly of Benjamin Moyer and wife, a distance of 21 feet; thence northwardly along land retained by Robert M. Frey by a line parallel to the western line of said Lots Nos. 66 and 67 of Block "H", a distance of 100 feet, more or less, to a point in the west- ward extension of the northern line of Tract No, 1 hereinabove described; thence eastwardly along the weatern extenaion of the northern line of said Tract No. I hereinbefore described, a distance of 21 feet to a point, the place of BEGINNING. BEING a strip of land extending 21 feet westward from the western line of Lots Nos. 66 and 67 of Block "R" as shown on said Plan of Lots known aa "Fairfield", and hav~ng thereon erected a one-car garage. TOGETHER with a right of way 21 feet wide extending southwardly from Middleton Avenue along the western line of LOtB NOB. 70, 69 and 6B of Block "H" of Baid Plan of Lots known as "Fairfield", a distance of approximately ISO feet to the northern line of Tract No. 2 hereinbefore described, Baid right of way to be used in common by the within Grantees and the within Grantors, and their respective heirs and assigns. BEING THE SAME PREMISES WHICH Joseph J. Silka and Carolyn S. Silka by deed dated 9/2/88 and recorded 9/7/88 in Deed Book 0-33, Page 83 granted and conveyed unto Dixie L. Hair. , TO BE SOLD AS THE PROPERTY OF DIXIE L. HAIR ON JUDGMENT NO. 200D 6993 CIVIL. ASSESSMENT #40-23-0592-052 ,IT! C ru [J'" IT! I'- ..n IT! Postage $ Certified Fee ...D' Return Receipt Fee r=I . (~ndorS8ment Required) '" d ~: "~est~iCted Delivery Fee "(Endorsement Required) o d ~ rn ....~--'-,-~.- u__ Total i"ostage & Fees $ '. .S-? 1,40 I,.ij d.. 1-' .~5 m/; Ibymaller) [J'" [J"'" 0:' I'- DIXIE L HAIR 78 FAIRVIEW STREET CARLISLE PA 17013-3120 _____n______________c_".._;,~__ - ,I r" :.....-........ .' '""w:, . . .,.... ~- Re: Associates v. Hair Cumberland Sale 3/7/01 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: Dixie L. Hair 78 Fairview Street Carlisle, PA 17013-3120 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 to: Household Realty Corporation 25 Gateway Drive Gateway Square - Suite 107 Mechanicsburg, Pa 17055 Postmark: 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 to: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 postmark:~~,,\ '" a: fiJ :;:) <::::l~~ en ~:~;:~-i-c:~~~iZl:.. -~~:;~:~~~~~. 4l...\..., ""O':",.."":,y.-.- &'b'C"1"''(" "i: f~~ \(~"-;' '.:J:~ ~~'~r.,j\.Ui -.1'" "{f"'l>l'G" ..~i i'" "i" :;:) .. ~.. ., v/,~J':;;j' '" ,'" '{ ;;; : : J-'':',',~,~'!~;; ..... ,.J '. " ~ ~ P & f/ --'~ ~~". ~ '~"",- : . .:;"r (J, {'J:::'\I"L_.,_.,__~_.____ tP' -.~.'.-LC"C -..,.j~"~~'-ljU_.\({~.i.H!;!<Iiili~'~Mt..~I~ ). '..>' om";.,, ~~ililll'~~" ~"r!'o, -~""" ~~. ,--, cr .o>.~lI1L - (") C> C) C ,~, ,""" .." C ~",~ "'0 cr:: r-'1 rn f ',' ~ ::".J ~n Z ::t} r-.J -, ~iL 'C:::J <::) ;-J~~~ -n , ~,: c: c: h- e) 9 in )> S~ r;:- '" v -,-1 =0 -<. (1'1 -< ~ , ~!i~: , , . , STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler ~ ~ ---------'-------------------------------------_______________________________Flecorderof needs in and for said Connty and State do hereby certify that the Sheriff's Deed in which n______________ Associates C DC. -------------------------------------------------------_____________________________ ~ the grantee the same having been sold' to said grantee on the ____~~!:______nd__________nn____________n_ day of March Ql ________________________________________ A. D., J -----J under and by virtue of a wriL_____________ Execution . . d th 12th _____________ ___ __ ------------- -- --- - --__ _______lssue on e ____ __ __ ________ ____ __ _______________ day of u______~.!'_c______n____u_ A. n., n_~_qOJl.t of the Court of Cornman Pleas of said Connty as of Ci vii 2000 _________________~____________.'._________________ _________________________________ Term, , ______ 6933. Associates C D C Number ______________, at the swt of _______n_n__________________d__________u_n____---n--_____ Dixie L Hair _________________~_________________aga1nst--------------______________________________________ 5 242 161 duly recorded in Sheriff's need Book No. __nnn____' Page _nn_n____. IN TESTIMONY WHEFlEOF, I have hereunto set my hand and seal of said office this __:111:..___ day of _m___"?{~_-_!___m__n___ Ap, ~~_~( :r;;~~ 1'1-L ' __________________ 1_____~--- :ff-~Recorder of Deeds Recorder of !reeds, Cumberland County. Carlisle, p~ My Commission bpires the First Monday 01 Jan. 2002 ,.."'" '. 1",,- """,: "" . ." r' @e",'_ " Associates Consumer Discount Company -vs- Dixie L. Hair In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-6933 Civil Richard E. Smith Deputy Sheriff, who being duly sworn according to law, says on January 5,2001 at 1:35 o'clo~k P.M. EST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon the within named defendants to wit: Dixie L. Hair by making known unto Dixie Hair at 78 Fairview Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same tinle handing to her personally the said true and attested copies of the same. RichardE. Smith Deputy Sheirffwho being duly sworn according to law, says on January 5, 2001 at 1 :35 o'clock P.M. EST, he posted a copy of Real Estate Writ Notice Poster and Description on the property of Dixie L. Hair located at 78 Fairview Street, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff who being duly sworn according to law says he served the above Real Estate Writ Notice Poster and Description in the following manner; The Sheriff mailed a notice of the pendency of the action to the defendant Dixie L.Hair by regular mail to her last known address 78 Fairview Street, Carlisle, Cumberland County, Pennsylvania. This letter was mailed under the date of January 8,2001 and never returned to the Sheriffs 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 Court House, Carlisle, Cumberland County, Pennsylvania, on March 7, 2001 at 10:00 o'clock A.M., E.S.T. and sold the same for the sum of$I.00 to Attorney Leon Haller for Associates Consumer Discount Company. It being the highest bid and the best price received for the same Associates Consumer Discount Company, of 1111 Northpoint Drive, Building 4, Suite 300 Coppell, TX, being the buyer in this execution paid SheriffR. Kline, the sum of$I,135.89 it being costs. Sheriff s Costs Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed 30.00 22.27 30.00 30.00 30.00 10.00 .50 1.00 3.10 1.79 30.00 30.00 502.55 337.65 25.53 25.00 26.50 $1,135.89 paid by attorney 3-30-01 '. Sworn and subscribed to before me This t't'!:: day of f}",':.i 2001 A.D. (L."" I~ "7n,/iJ" '. ~ Pr1h6nota,ry 1--"' - ~ '" ;'-an~ ' R. ThO~SKiine~~~ BY&~__ -.1IL-h Real Estate Deputy "', [ - p. ~y^ 30,(rO \, ~1J Cti-3 q'f/ Ilv I tJCf pJ ,,,", ""~ ,~ I; ~ " " , ASSOCIATES CONSUMER DISCOUNT COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2000 6933 CIVIL DIXIE L. HAIR; DEFENDANT IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 78 FAIRVIEW STREET, CARLISLE, PA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): Dixie L. Hair 78 Fairview Street Carlisle, PA 17013-3120 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) Household Realty Corporation 25 Gateway Drive Gateway Square - Suite 107 Mechanicsburg, Pa 17055 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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 ~~ , I~"" i, '<" " '.. n' ''''i(ffl~ jI " , 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 relatin~o unsworn falsification to authorities. ~ ~ Leon P. Haller (PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 8, 2000 "- , ~ ", -'"-,e '. . , ASSOCIATES CONSUMER DISCOUNT COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2000 6933 CIVIL DIXIE L. HAIR, DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, MARCH 7, 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: 78 FAIRVIEW STREET CARLISLE 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 6993 CIVIL THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: DIXIE L. HAIR .-~ ~ ,- ~~ 'llII:!IBIii .~'wi '. / A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to recei ve 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 - , ," .,oJ1 _1,_ I "Iieo- -. n Ii 11>#,',; ., ) , 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 , " , ~ ,', ,.-'," ~, c:.~ "~~"' ., .:x.ll those two (2) certain tracts of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. I ON tl", East by land now or formerly of Curvin G. Laughman and wife: on the South by land now or formerly of Donald R. Irvin; on the West by Tract No. 2 hereinafter decrlbed; and On the North by land now or formerly of Frank Petrongonia; having a width of 50 feet along said land now or formerly of Curvin G. Laughman, and extendIng a distance of 140 feet westward to said Tract No. 2 hereinafter described; and being improved with a one and one-half story concrete block dwelling house with mailing address of 78 Fairview Street, Carlisle, Pennsylvania, 17013. BEING the western 140 feet of Lot No. 67. Block liB", of Plan of Lots kno\offi, as "Fairfield", as recorded in the hereinafter named Recorder's Office in Plan Book No. 2 Page 80. '!lRACT NO.2 BEGINNING at a point at the northwestern corner of Tract No. 1 hereinafter decribed, which point is the northwestern corne,r of Lot No. 67 of Block "H" of the Plan of Lots known as "Fairfield" recorded in the hereinafter mentioned Recurder's Office in Plan Book No.2, Page 80: thence froll'. sa'id point at the Place of Beginning along the western line of Lots Nos. 67 and 66 of Block "H" of said Plan of Lots known as "Fairfield", southwardly, a diatance of 100 feet to a point, the junction of land now or formerly of Donald R. Irvin and Harold Stoey; thence West along line of land now or formerly of Benjamin Moyer and wife, a distance of 21 feet; thence northwardly along land retainl!d by Robert M, Prey by a line parallel to the western line of said Lots Noa. 66 and 67 of Block "H", a distance of 100 feet, more or less, to a point' in the west- ward extension of the northern line of Tract No, 1 hereinabove described; thence eastwardly along the western extension of the northern line of said Tract No. 1 hereinbefore described, a distance of21 feet to s point, the place of BEGINNING. BEING a strip of land extending 21 feet westward from the western line of Lata Nos. 66 and 67 of Block "H" aa shown on said Plan of Lots known as "Fairfield", and hav~ng thereon erected a one-car garagew TOGETHER with a right of way 21 feet wide extending southwardly from Middleton Avenue along the western line of LotB NaB. 70, 69 and 68 of Block "H" of aaid Plan of Lots known as "Fairfield", a distance of approximately 150 feet to the northern line of Tract No. 2 hereinbefore described, Baid right of way to be used in common by the within Grantees and the within Grantors, and their respective heirs and assigns. BEING THE SAME PREMISES WHICH Joseph J. silka and Carolyn S. Silka by deed dated 9/2/88 and recorded 9/7/88 in Deed Book 0-33, Page 83 granted and conveyed unto Dixie L. Hair. TO ,BE SOLD AS THE PROPERTY OF DIXIE L. HAIR ON JUDGMENT NO. 2000 6993 CIVIL. ASSESSMENT #40-23-0592-052 ~~ .Ii., I -~, . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO, 00-6933 CIVIL TERM CIVIL ACTION" LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Associates Consumer Discount Company PLAINTIFF(S) from Dixie L. Bair. 78 Fairview Street. Carlisle. PA 17013 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Se" T ~'Ja' ""5""'; pH ntl....- (2) You ar~ also directed to attach the property of the defendant(s) not levied upon in the possession of __ , ~ --.- -- .-.., " " ... ,< GARNISHEE(S) as follows: and to notny the gamishee(s) that: (a) an allachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) arid fr()m delivering any property of the llefendant(s) or otherwise disposing ,thereof; " . ~ . (3) If property of the deiendant(s) not leviedup6n an subject to allachment is found in the possession of anyone other than a named garnishee, you are directedto notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $79,631.71 $17.44 diem $2,738.08 Interest , n I? Inn Tn ,17 1m , , ' , L.L. Due Prothy $.50 $1 nn Ally's Comm Atty Paid Plaintiff Paid % Other Costs E!'lcrow Deficit 52.000 $103.10 Date: December 12, 2000 Curtis R. Lonqf Prothonotary, Civil Division bK ~ e.-. f} '7p.f"1l~- Deputy REQUESTING PARTY: Name Leon P. Baller, Esq. Address: 1719 Norlth Front Street Harrisburq, PA 17102 Attorney for,: Plaintiff Telephone: 717-234-4178 Supreme Court ID No. 15700 ;-;LC ~ ," " ,'. 1 :';.\. " 'm~, iiII' - ,- --~-;.I ~" '- "l-~ ,~~;ll~~I~~' - ~" mV""""'1liiliL"" ,- _'-~'"u-~_.,'.u_ _ _~. _ ". REAL ESTATE SALE NO.");l vn ~/3. ~ the sheriff levied upon the defenoam~ Interest in the real property situated inj, <,# <Jrt :~---liJ:-~-;{;~ Cumberland County, Pa., known ;m(j numbered as:7t Eh:.......~ lit.../" fl .t2....L all(] mufe t "",pC on Exhibit "A" flied WI this writ and by this relerenJ: "te:~a,~ J3~ :nli)orated herein. "'&~t ~ c:;;:a c:v;! c;:::::l Gi) i\i1l . VltiV^'AS tiN::!d ':nSnlJ''t:) 00. Wd LO ~ ZI 03() .\lHOOO Glfl"ltid8W"', ,;ilJllt::llfS 3111 ~oaalllJ); .- - ~^ ___ v_" _ __" _ ~~~ __~ ~ ;-~~-~RCAL-E5TATFSALcffO:-2~~ Writ No, 2000-6933 'C:IvllTerm Associafes Consumer . DIscount Co. .. Dixi,eLHalr . Alty: Leon P. Haller DESCRIPTION , A(J~':ni05(, two (2: ~dain lr.lcb of land .situate in. '&buth Middleton 'fo\\T1ship, Cumbei'land' County, Pcnns\'l\'ania, bounded and de5cribed as follows: TRACt KO._! - O'N TH EAST by land now or fQrowrlvof Curvin G. Laughmilll .rnd wHe; on the"- Soolh by Land now or formerly or Donald It ~~vin; on the West by Tract, No. 2 hereinafter' described; and on [he North bv land nOl': Of', fciiri1eriyofFrank~rr6ngonla;havingJ\\idthof 5Q.fect along said lal19 now or formerl)' of Currin. G. Laughman. and e.xtending a distance of H{) feet westward to said Tract I\'{l. 2 herdnafter"" ':,d~(ribed; and being improved with ,1 011'" ,mci ' onc"_oalJ ~tary concrete block dwelling house with ,::::m:-aillng address .of is rairview SiIeet. CarJisle/ Pcnnsylvania17013. '" " 'BEING the 'western 1-10 feet of Lot No. 67, Blo~k UH," of Plan of Lots knO\m aft uPairflt'lcl" ;b re:t,ordt'd in Ow hereinafter named, Recorder's Office, in Plan Hock No. 2"Pa"'e 8D. TRACT '~O.'2 -,BF.G[NN1~G at a point at th... nd'i'thwt:stem corner atTract No.1 hereillilffer , :'described. which 'Polnt is the nortbwesfem comer pi Lot No. 67 o(Bro~k liB" of Uw Plan 01 Lots, known as "Fairfiell,l" recorded- II) the hereil1after mentioned Recorder's offic!.! in Plan Book t\'(l. 2, _ PJ,ge on; the-nct' froni ~ajd point at the Place of Beginning along"the western line of Lo!s -Nos. 67" ana 66 of Block "B" of s:\id Plan of Lois imown a~ 'PFdirfil~ld.." ~0uth\\'ardJy, <l distance of 100 fe.et to a- pomt, the junction ol.land now or formerly of ' Donald R.. Irvin and Harold Stoel'; thence ~..vest ' a1ongJine- of land l1o\v.or formerly ofB'enjamin Mm'cr and ....ife, a- distance of 21 fed; thence ,Jwri-hwardly along .land ret~fned', by Robert 1\1.. Frev by a line p.-:riiltel to)he western line of said . , Lots No. 66_,wo.Ji'1:of-Bitrck u,H," a distance of 100- ", ' {-1M;' mote orte.~s, to ,,:p6M in the wesn...ard :::-::i,jXtcrision of the no-rlhem line of Tract No, 1. ',::,:h,u'ei'na,boye,descrlbec!; therH:e,eastwardly along ::-, :"fbe \\~st\:m extension of the northern 'line of said' : ::: :Trad No.1 hereinbefore describt!d..a 'distance of" f: '-2; feet to a point, the place of BEG~"NI~G. : . B:EING a strip of land extendIng 21 feet westward fmmJhe,we~tem Hne of lats. Nos. 66 and b7 of "Bl(lck"'Was ."r,0\\T1 on ~aid Plan of Lots known 3S '~Fairfidd," and having there-o,n erected a om~.(ar ' "~o(fh~rnER v.ith '.1 ri~! of'\\:iw 21 feet v.ide extending s(luthwatdly"from Mlddletan Avenue along the W~5Wn line (If Lols Nos, 70, 69 and 68 of Block "H" of' s;1id Plan of Lots knO\\T1 as "fairfield,.H a distancc' of approxrrnarely150 feet to the northern lir:;e of Tract 1\:0. 2 hereinbefore described,saidri'ghtofwaykibt' u5C'd m common ; by the within Gra'nrees and the within. Grantors,_ and their respective heirs and asftigns.. BEING THE S~\1E p~l.'miSt'5 which Joseph J. Silka ilnd Carohl1 S. Silka ,bv deed dated 912188 and, recorded 917188 in Deed Book 0-33, Pagc 83; ~ grant~d and cort\'eye4 unto Di;de L. Hair. ' ~ TO BE SOLD {IS the property (If Dixie L Hair Olr; Judgmcnl1\'o. 2000 ~993CI\'i1. , ~,; ASSESSMEl\1 <40-23-()592-Q;1, " L~ - .~ <'--~~, .. 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 Michael Morrow being duly sworn according to law, deposes and says: That he is the Ass!. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Stre"t, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav 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 30th day(s) of January and the 6th and 13th day(s} of February 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 sal Company and subsequently duly record"d in the office for the Recording of Deeds in and for said County of Daup ,i in Miscel ne s Book "M", Volume 14, Page 317. PUBLICATION COPY s ALE # 21 Sworn to and subscribed before m y commission expires June 6, 2002 Notarial Seal Terry L. Russell, Notary Public Hanisbul\l, Dauphin COunty My Commission Expires June 6. 2002 Member, Pennsylvania Association 01 Nolana CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 , Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 336.15 1,50 337.65 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.........................................,...,.............,.....,., mg1tf(,JJjr:~"*k';2',':11_ ~~~ ~ !!SWAB ~ N0, 21 Wrtt No. 2000-6933 Civtl Associates ConslUTIer Discount Company vs. Dixie L. Hair Atty.: Leon P. Haller ALL those two (2) certalIl tracts of land situate in South Middleton Township. Cumberland County. Pennsylvania. bounded and de- scribed as follows: TRACf NO. 1 ON the East by land now or for- merly of CurviIl G. Laughman and wife: on the South by land now or formerly of Donald R. Irvin: on the West by Tract No.2 hereinafter deCI'lbed: and on the North by land noW or formerly of Frank Petrongo- n1a; having a width of 50 feet along said land now or formerly of Curvin G. LaughmaIl. and extending a dis- tam~e of 140 feet westward to said Tract No. 2 hereinafter described; and !Jeing improved with a one and one-half story concrete block dwell- ing house with mailing address of 78 FalrView Street, Carlisle, Penn- sylvania, 17013. BEING the western 140 feet of Lot No. 67, Block "H", of Plan of Lots known as "Fa1rfield". as record- e!1 in the hereinafter named Record- er's Office in plan Book No, 2 Page 80. TRACf NO. 2 BEGINNING at a point at the northwestern comer of Tract No. 1 hereinafter decribed. which point 1s the northwestern comer of Lot No. 67 of Block "H" of the Plan of Lots known' as "Fa1rfield" recorded in the he.i:eln.Bfter mentioned R'-€lmrder's Office in Plan Book No.2, page 80: ~.I" ,",; thence from sald point at the Place of Beginning along the western line of Lots Nos. 67 and 66 of Block "H" of said Plan of Lots known as "Faliileld", southwardly, a distance of 100 feet to a point. the junction of land now or formerly of Donald R. Irvin and Harold Stoey: thence West along line of land now or for- merly of Benjamin Moyer and wife. a distance of 21 feet; thence north- wardly along land retained by Rob- ert M. Frey by a line parallel to the western line of said Lots Nos. 66 and 67 of Block "H", a distance of 100 feet, more or less, to a point in the westward extension of the northern line of Tract No. 1 here1n- above described; thence eastwardly along the western extension of the northern line of said Tract No. 1 hereinbefore described. a distance of 21 feet to a point. the place of BEGINNING. BEING a strip of land extending 21 feet westward from the western line of Lots Nos. 66 and 67 of Block "H" as' shown on said Plan of Lots known as "Fairfield". and having thereon erected a one-car garage. TOGETHER with a rtght of way 21 feet wide extending southwardly from Middleton Avenue along the western line of Lots Nos. 70. 69 and 68 of Block "H" of said Plan of Lots known as "Fairfield", a distance of approximately 150 feet to the north- ern line of Tract No.2 hereinbefore described. said right of way to be used in common by the within Grantees and the within Grantors and their respective heirs and as~ signs. BEING THE SAME PREMISES WHICH JosephJ. S1Ika and Carolyn S. Silka by deed dated 9/2/88 and recorded 9/7/88 in Deed Book 0- 33. Page 83 granted and conveyed unto Dixie L. Hair. TO BE SOLD AS THE PROP- ER'IY OF DIXIE L. HAIR ON JUDG- MENT NO. 2000 6993 CIVIL. ASSESSMENT #40-23-0592, 052, """'-~,~~, . , ) I~~ 1- . ,'"- '"~~ " ~ ~~" i --~~, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : 55. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, ofthe County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2,1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues ofthe said Cumberland Law Journal on the following dates, VIZ: JANUARY 19, 26, FEBRUARY 2,2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. I~ Roger'M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 2 day of FEBRUARY. 2001 dvJ NO AL LOIS e. SNYDIiR. Notary Publk Corliolo Bore. C....berland County. PA My CommllliOll Ex"'..... March 5. :ZOOT