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Home My WebLink About00-07890 HOMESIDE LENDING, INC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW vs. FREDA M. WING AND FLOYD O. WING, JR. ACTION OF MORTGAGE FORECLOSURE ro - 7P96 Qio;( t~ Defendants THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 itt 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 claim itt the Complaint of 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 POPER 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 LA WYERREFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 A VI SO 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 A VISO. 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 PARTICIP ACION. 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 IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 1 COURTHOUSE SQUARE CARLISLE,PA 17013-3387 717-249-3166 I ""'-", ~ , _ , , ~ - HOMESIDE LENDING, INC., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. FREDA M. WING AND FLOYD O. WING, JR., CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendants 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 with 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 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff '-'ill., ','N ",,'Y ""', , HOMESIDE LENDING, INC , Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW Defendants ACTION OF MORTGAGE FORECLOSURE 7?A VD J 7!Yo {!;,,;J -r ~ FREDA M. WING AND FLOYD O. WING, JR., COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, HOMESIDE LENDING, INC., is a corporation, with an address is 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. 2. Defendant, FREDA M. WING, is an adult individual, whose last known address is P.O. BOX 431, CANASERAGA, NEW YORK 14822-0431. Defendant, FLOYD O. WING, JR., is an adult individual, whose last known address is P.O. BOX 431, CANASERAGA, NEW YORK 14822-0431. 3. On or about, August 23, 1997 the said Defendants executed and delivered a Mortgage Note in the sum of$8l,995.00 payable to MORTGAGE INVESTORS CORPORATION, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time ofthe 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 in Mortgage Book 1402, Page 376 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to RESOURCE BANCSHARES MORTGAGE GROUP, INC. and was recorded in the aforesaid County in Book 559, Page 73. The Mortgage was further assigned to HOMESIDE LENDING, INC. and was recorded in the aforesaid county in Book 567, page 600. The Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 337 NEWBERG ROAD, NEWBURG, PENNSYLVANIA 17240 and is more particularly described in Exhibit "B" attached hereto. "M;" '_ r~' < '-_ <' ~ ,.....,=~ . , 6. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on January 1,20000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $80,211.02 $5,504.32 Interest at $16.48 per day From 12/01/1999 To 12/01/2000 ( based on contract rate of? .500%) Accumulated Late Charges $237.60 Late Charges at $26.40 Per Month for 12 months $316.80 Escrow Deficit $506.72 Attorney's Fee at 5.0% of Principal Balance $4,010.55 $90,787.01 **Together with interest at the per diem rate noted above after December 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. 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. c-;,. j-' - -" ," ~ >" , ' ,,~ ., - - 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 7.500% ($16.48 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. ~. By: ~ PURCELL, UG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff !.D. # 15700 1719 N. Front Street Harrisburg, P A 17102 (717-234-4178) ",~. " " Ex nibrt ~ A II ;"'ll\~, _ ,~, ""7,1 " '-""'~1-l!'J""". ~" ~~ ~ I"" - ~ ~~. _ ~ ,~F",,'-""M'F1"" c ,. L .1; ~., .~:': r :~ ,;. r ..~ :..;. ;: .~: ,. 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D. ~_aa_O.O._07a '"P.... SOU&IQ.. llaok me, Pas- 71.. .V u...t.,. 382 ..'-, "'.', -.',' ",m- ~, . f~h'bi1 "e/ I' QCT-16-2000 15:07 PURCELL,KRUG,HALLtR 71-7 234 7512 P.07 . COMPANY NAME: HOMES IDE LENDING, lNC 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 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated NJJEM3ER 7,zgoo - 7 TOTAL P.07 -'--)i,~ ~ I ~~ ,,~ HOMESIDE LENDING, INC Plaintiff vs. FREDA M. WING AND FLOYD O. WING, JR. Defendants '--T "~ ','~ _. ',,~~!._~__C_n_ .. . > : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00 - 7890 Civil Term : CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE RETURN OF SERVICE , '-'"1 -'", ,-,,",", " ... COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9TH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA AFFIDAVIT OF SERVICE OF PROCESS .> HOMESIDE LENDING Plaintiff NO. 00-7890 versus CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE FREDA M. WING AND FLOYD O. WING, JR. Defendant Know all persons by these presents that!, 'BRVc..t It K6" r.)/J/S'1 ,was assigned to duly execute this serVice upon the following defendant: FREDA M. WING at 380 B STATE RT 70 , ARKPORT. NY 14807. I hereby depose and say: 1) That I am of the necessary age and sound mind to execute said service. 2) That I am not a party to the action or have any interest in it. 3) That I am an agent of Eric J. Kerchner, a Monroe County, Pennsylvania licensed private investigator. I hereby certify that on '/;;0/2<<)1 at approximately!./:Ol aa.m. (Jp.m. a true and correct copy of the NOTICE AND/CO~IPLAINT were served on the above-named party or witness in the following manner: ~ I personally delivered them into the hands of the person to be served. D By leaving a copy at his/her usual place of abode with , whose relationship to the defendant is , and who is of suitable age and discretion and also residing therein. D By leaving a copy with , the manager/clerk of place of lodging in which defendant resides. D By leaving a copy with , the agent in charge of defendant's office or usual place of business. Job title or position of agent is D After due and diligent efforts, described be/ow, I was unable to serve the process because: Description of Recipient: Sex: L Race: WIoI>'re , .. Approximate Height & Approximate Weight,;;l30 Approximate Age: i3lS' FURTHER AFFIDAVIT SAYTH NOT. t6~. -0 .2.-1:{,. .~_ . Signature of Process S -er Subscribed and sworn to before me this ~,..tR. day o~, 200.. ~a---~ Mortarel Ana K..., #OlKEM4S0GG Ntta1')' Public. State If New l.rk Qi8Iiffel ill Catl""la emty My e......' Elpires JiIJ 24. 20 . ~ :;l.. . - "-I > # ""","" II COURT OF COMMOrfl'LEAS OF CUMBERLAND COUNTY 9TH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA AFFIDAVIT OF SERVICE OF PROCESS <,f HOMESIDE LENDING Plaintiff NO. 00-7890 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE versus FREDA M. WING AND FLOYD O. WING, JR. Defendant Know all persons by these presents that I , .e R. \) c..e e- 14! fJ "'E '1, was assigned to duly execute this service upon the following defendant: FLOYD O. WING at 380 B STATE RT 70. ARKPoRt.JIIY 14807:1 hereby depose and say:' 1) That I am of the necessary age and sound mind to execute said service. 2) That I am not a party to the action or have any interest in it. 3) That I am an agent of Eric J. Kerchner, a Monroe County, Pennsylvania licensed private investigator. I hereby certify that on at approximately Oa.m. Op.m. a true and correct copy of the NOTICE AND COMPLAINT were served on the above-named party or witness in the following manner: . o I personally delivered them into the hands of the person to be served. S By leaving a copy at his/her usual place of abode with FREJ:lA Wi,.) G- ,whose relationship to the defendant is S f' 0 u Stf , and who is of suitable age and discretion and also residing therein. o By leaving a copy with , the manager/clerk of place of lodging in which defendant resides. o By leaving a copy with , the agent in charge of defendant's office or usual place of business. Job title or position of agent is o After due and diligent efforts, described below, I was unable to serve the process because: . Description of Recipient: Sax: L Raca:""/'/ I nr . . Approximata HaightS " Approximate Weight .;>.30 Approximate Age: 3.S' FURTHER AFFIDAVIT SAYTH NOT. ~. E f::f,. ~~ Signature of Process Server Subscribed and sworn to before me this ,;z 1....J.. day o~, 2pO.. ~U--~ S if!/4J. AM K_J #OlKl6b45G99 Nttary Public, State ff New Y,rk Q"fffi,' in Gatt""I" ennl1 ~y e'.IDilll" !'Ii'M J1II1 24. 20.~ . ,~ -- ~'I SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-07890 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOMES IDE LENDING INC VS WING FREDA M 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 WING FREDA M 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 , WING FREDA M DEFENDANT NO LONGER RESIDES AT ADDRESS STATED, SEE P.O. FORM, PROPERTY IS VACANT. RETURN NOT FOUND. AS PER KAREN 12/5/00. Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 18.00 12.40 5.00 10.00 .00 45.40 So a~~ R:r::~~ Sheriff of Cumberland County PURCELL, KRUG & HALLER 12/05/2000 Sworn and subscribed to before me this , Ij,.... /0 - day of ~ J.c-uv A. D . Q~~() ~J At4'" Pr h notary , ,~ ~ ~ , SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-07890 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOMES IDE LENDING INC VS WING FREDA M 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 WING FLOYD 0 JR 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 , WING FLOYD 0 JR DEFENDANT NO LONGER RESIDES AT ADDRESS STATED, SEE P.O. FORM, PROPERTY IS VACANT, RETURN NOT FOUND AS PER KAREN ]2/5/00. Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 6.00 .00 5.00 10.00 .00 21. 00 Sa~ R. Thomas Kline Sheriff of Cumberland County PURCELL, KRUG & HALLER 12/05/2000 Sworn and subscribed to before me this /s' "::::- day of ~ ,LlJVV A . D . ~a~ ) Pro h notary " ~ .'l'1I'llJ1U~1 HOMESIDE LENDING, INC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW v~. FREDA M. WING AND FLOYD O. WING, JR. ACTION OF MORTGAGE FORECLOSURE 00 ~ 7P96 C.'V;( T~ Defendants ., TIDS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. .. 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 twent)' (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 claim in the Complaint of for any other claim orreliefrequested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS POPER 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 LA WYERREFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 A VISO 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 A VISO. 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 ENESTA 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, BS POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NOCONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717~249-3166 TRUI;COPY FROM RECORD In Testlmcl'lY WhNMf_ll1f!r1' unto stltmy hand . , ~~~~~ "i"---;ffi~'lill HOMES IDE LENDING, INC., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. FREDA M. WING AND FLOYD O. WING, JR., CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendants. THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT ., COLLECTION PRACTICES ACT, 15 D.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 amot)nt 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 with 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 (717) 234-4178 Attorney LD.# 15700 Attorney for Plaintiff ,0-""',.,, "_ vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HOMESIDE LENDING, INC , Plaintiff FREDA M. WING AND FLOYD O. WING, JR., ACTION OF MORTGAGE FORECLOSURE Defendants ., COMPLAINT IN MORTGAGE FORECLOSURE I. Plaintiff, HOMESIDE LENDING, INC., is a corporation, with an <address is 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. 2. Defendant, FREDA M. WING, is an adult individual, whose last known address is P.O. BOX 431, CANASERAGA, NEW YORK. 14822-0431. Defendant, FLOYD O. WING, JR., is an adult individual, whose last known address is P.O. BOX 431, CANASERAGA, NEW yoRK. 14822-0431. 3. On or about, August 23,1997 the said Defendants executed and delivered a Mortgage Note in the sum of$81,995.00 payable to MORTGAGE INVESTORS CORPORATION, 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 in Mortgage Book 1402, Page 376 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to RESOURCE BANCSHARES MORTGAGE GROUP, INC. and was recorded in the aforesaid County in Book 559, Page 73. The Mortgage was further assigned to HOMESIDE LENDING, INC. and was recorded in the aforesaid county in Book 567, page 600. The Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 337 NEWBERG ROAD, NEWBURG, PENNSYLVANIA 17240 and is more particularly described in Exhibit "B" attached hereto. II~. . r _~ ~ 'I 6. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on January 1,20000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $80,211.02 Interest at $16.48 per day From 12/01/1999 To 12/01/2000 ( based on contract rate of 7.500%) $5,504.32 > Accumulated Late Charges $237.60 Late Charges at $26.40 Per Month for 12 months $316.80 Escrow Deficit $506.72 Attorney's Fee at 5.0% of Principal Balance $4,010.55 $90,787.01 **Together with interest at the per diem rate noted above after December 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 ofa third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice-of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No.6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. 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 7.500% ($16.48 per diem), together with other charges and '~' costs including escrow advances incidental thereto to the date of Sheriff s Sale and for foreclosure and sale of the property within described. By: ...../~ PURCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff !.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) .,~~- Ex hibrt · A" ;1Wll1~ , ., ~,~rT"~~~' I-Y - ,,~ ...,,~ .~. ," -~ .:,," .~~~ '" ~ , ~!"""I'l"I ~~-- 'j?j!O_ .-", _ 'l.'IIli!"""""'~_:-~I"'In"""1"'T' ", . -~'''~..,~'''' . <,. \ '.' SXBJ:Bl:T UA'I /1$'{dO i: L .~ , &LL tlw. lo1~ dUd:n.hocl. 2:'e.a. .."~ .lyu.. ~ lae1q .:l.ca&ai ia 1lDJIi...1.1 ~aJl,i.p-~ ~.J:'1aIld CouIlot:J'. ~......... to. ...-... u4 4e.c'5:ibo4 .. 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". ,;. r 0, ~. !j:... { ,. ~~ ,: .v 801lll14U2_ 382 '. .....,. . ."t. "'." .. "., . ~ . . ,<M'~ ',< .,". f(hi'bi1 "e/ , ,~..,~~, '_"_ , -- L'_:>-,~~'~''<:..' 1-~" ~I r rU~~CLL'K~UblHHLL~~ (.1.( ~.,)t.f (;:).1.~ t-'.1:::lr . . COMP ANY NAME: HOMES IDE LENDING, INC VERIFICATION T 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 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. . ,- KeIIyJ. Dated . lIlJJ.EM3ER 7, 2QOO 7 Title TOTAL P.07 ,'i,,"~, ~_k";tilo,a"'I_"",_~!-",.-,-~,il__~,","-""'-""ffi!li!~~,bri;;""";""_,",-"i4j-",,,,:,''';;tlii;;,~,;,.'r'''!p''1-",I'il'_:2'"" "_"~".",,,~,,,,ll;.'''',"i''Ird;,;~~;-il,,-,,,,,_,,,,,,,,,,,~&!;IJ,~''''",,-!4,,~g,,fBdJ:l!~IiM''''''-~"~. lilU!liIIi ~ ~ ~ ~ ~\ 'I . ".,,, ~ ,.' it.;,~ ~, .'.---......, :h~:! ,J,,~_j {;";y--, ~"""",~.. --.' fI..I'I.!' ~, 1':1/.::," ;,;,:;,'~' . .. , , HOMESIDE LENDING, INC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW vs. FREDA M. WING AND FLOYD O. WING, JR. ACTION OF MORTGAGE FORECt-O;URE 00 - 7f'iO Co; ( ~ Defendants .~, THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU Wll..L BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. .. 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 claim in the Complaint oHor 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 POPER 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 LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 A VI SO LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIOQUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUlER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUlR 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 IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 ----- '" TRUE COPY FROM RECORD . Testimony whereof. I here unto set my hand ';:1 t~ of said Court at CarlIsle. Pi. .~ ~.~~~~A~~ notary ~ """" -',"-' ~^'~ " ,,- ~~ ~,,~ . , HOMESIDE LENDING, INC., Plaintiff : IN THE COURT OF COMMON PLEAS . : CUMBERLAND COUNTY, PENNSYL VANIA vs. FREDA M. WING AND FLOYD O. WING, JR., CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendants THE FOLLOWING NOTICE IS BEING PROYIDED 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 with 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, P A 17102 (717) 234-4178 Attorney LD.# 15700 Attorney for Plaintiff 1f'I'f1"1i' """. -', . , : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW FREDA M. WING AND FLOYD O. WING, JR., ACTION OF MORTGAGE FORECLOSURE Defendants " COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, HOMESIDE LENDING, INC., is a corporation, with an address is 8120 NA nONS WAY,' BUILDING 100, JACKSONVILLE, FLORlDA 32256. 2. Defendant, FREDA M. WING, is an adult individual, whose last known address is P.O. BOX 431, CANASERAGA, NEW YORK 14822-0431. Defendant, FLOYD O. WING, JR., is an adult individual, whose last known address is P.O. BOX 431, CANASERAGA, NEW YORK 14822-0431. 3. On or about, August23, 1997 the said Defendants executed and delivered a Mortgage Note in the sum of$81,995.00 payable to MORTGAGE INVESTORS CORPORATION, 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 in Mortgage Book 1402, Page 376 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to RESOURCE BANCSHARES MORTGAGE GROUP, INC. and was recorded in the aforesaid County in Book 559, Page 73. The Mortgage was further assigned to HOMESIDE LENDING, INC. and was recorded in the aforesaid county in Book 567, page 600. The Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 337 NEWBERG ROAD, NEWBURG, PENNSYLVANIA 17240 and is more particularly described in Exhibit "B" attached hereto. ."~I'l'~. '. 6. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on January 1,20000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: Interest at $16.48 per day From 12/01/1999 To 12/01/2000 (based on contract rate 00.500%) $80,211.02 $5,504.32 UNPAID PRINCIPAL BALANCE . Accumulated Late Charges $237.60 Late Charges at $26.40 Per Month for 12 months $316.80 Escrow Deficit $506.72 Attorney's Fee at 5.0% of Principal Balance $4,010.55 $90,787.01 **Together with interest atthe per diem rate noted above after December 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 ofa third party purchaser at Sheriff's Sale. Ifthe Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually' incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No.6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. 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. -""-"'-~, - ~~ , . WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.500% ($16.48 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. / /"./ A"" By: ~~ PURCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff 1.0. # 15700 1719 N.Front Street Harrisburg, PA 17102 (717-234-4178) "~-,- "\ - ---,'" - - ~, 5hibrt oK -.i"""J; ;-'<,~,,~_',""",",,-~r i"''":''''''''1~" . " ""_..~,,- "..~" ~ .- '" ~. ~!\!l~I~~~"'-~ '" ~. ~. l.: L 0;;:' .:.." ;I:': r ,:, {. f; 'r'"' ".. \~;~ ,: SXB:rB:IT ~IA'I 11N{7'/5 ~.., .~ &LIt ~ lo11~ a8lSd:~tbo.cJ, =GtAt .._~. .l)'~ .... J..s.ag .:L~ :La UQ...U S'c;NIaIaJI,:I.p. cm6el!'1U1oIl C!OUIl.t;y. ~...&.a. L. ---- ud deaG~~04 .. SD1.~.t ~ &1:; a ~a4.:L_a4 .~ ..1:. .bI. ... tlieGt:oA'1a:... Oil hlaQSVJ.",..". ~ ..",. &_ ctclI~ ot 30aDCII ... OJ:' ~ .- .,.~.._.o - · -... -. -......... .5!~. 01.-.-...... ,..,*''1. ....... GO ~.' . ........._..... !'P"~.2. ...1;. .. ...~.. ~ .. --.z' OJ! :t&t.. IIOW'" e _.._~ CU.....&:..... at: UlICI ~ __ ..... J..... Gdr ~I' IIlIiit6 J.:II 44..... Oil ....'" GO ~...... W... aD..'" bet: .. .. ..... ... ." 2.4zMI" ~ ...'0Jr~. ....... GIIiIb.."""" ~ _~..... of! C!a:U;i:-.u.... ~ '6'7 ....... .. --..... GiG ....... ...". ucr..U"",,,, .. . .....__ ____~ _ft-..- at!. ~ _ 0'Il' . --... .......- --... -,. _.- -- ,,- ...._. ~ ae; ~_ 02 ....... oa .~. .~.. 2~...,......., 'ttdl'&'01d ~ ..t. :I.D t:be e~ aE _Ai.... "1. tIIiIi _.... ~ 21",~. ',,- IIDilog DD1: Xch 2 _ .. hIl4J,....,1d.oa. _~~ ~~ w. ........ sea. 11.. .....8. .~ ~ J>>.elq w: h.. .. -.c... ~: ..._ ....~_ of! __ _. __ .......... IIaD7c ... ..... 70.. ~1 x. D.. ~D8_050._D7~ '"D<<I_ .CRUlI"' BaN. ad, JM8. '1U" , v uod4U2_ 382 ., . ~'. . -.", ',-.<. ..... '''''''ffiI~~~ , tth;bi1 "el ,.' ,_,,_ ,_. LC_:>-,<::'~'~'l:::J ~-J'~' r rU~~C~LJK~U~JriHLLC~ 1 (l.( ~.;.q (::>l.'::::: t"'.~( COME' ANY NAME: HOMESIDE LENDING, INC VERIFICATION 1 verify that the statements made in the foregoing Complaint are true and correct. ~. T understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated. NJJEM:m 7, 2QOO 1 Title TOTAL P.12I7 ''0 eo__, ,,' " _'__ _' " - ,I ~~m:l~:llI1l'wt\l'iiiill~~I!iIilMJli~o@itW~.W-~./l'~.f&;:lIo.li!llW!"~WJ1~li"'t.:;(~,,'~~llJffii~~~j'>>~~W '" ffE {& ~ ;,,','FF '',' " iju:: n iJ . : ~~ -~.ri.'"'A._IlIii'lllIIa~ 'j ~~ ~, ~: ,~ !l.ft.,,:; -----, nr' ,,::;/~-" "'j ---1 HOMESIDE LENDING, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. FREDA M. WING AND FLOYD O. WING, JR., DEFENDANTS NO. 2000 07890 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 FREDA M. WING AND FLOYD O. WING, JR. 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 $16.48 from 12/1/99 to 12/1/00) Accumulated late charges Late charges ($26.40 per month to 12/00) Escrow Deficit 5% Attorney's Commission TOTAL $80,211.01 $ 5,504.32 $ 237.60 $ 316.80 $ 506.72 $ 4,010.55 $90,787.01** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG By ..---- Leon P. Hal er #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 I:\HOME\MKF\DOCS\CUMBERLA\WJNG.P """!lW, , . , HOMESIDE LENDING, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. FREDA M. WING AND FLOYD O. WING, JR., DEFENDANTS CIVIL ACTION - LAW NO. 2000 07890 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 Pay 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 HOMESIDE LENDING, INe. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA VS. : NO. 00-7890 FREDA M. WING AND FLOYD O. WING, JR. Defendants : CIVIL ACTION LAW : IN MORTGAGE FORECLOSURE DATE OF TillS NOTICE: February 21,2001 TO: FREDA M. WING 380 B STATE RT 70 ARKPORT, NY 14807 FLOYD O. WING, JR. 380 B STATE RT 70 ARKPORT, NY 14807 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 717-249-3166 PURCELL, KRUG & By LEON P. HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 !"-""$ ~ '~-, ~?'41t HOMESIDE LENDING, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. FREDA M. WING AND FLOYD O. WING, JR., DEFENDANTS CIVIL ACTION - LAW NO. 2000 07890 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 : 1M. /3. d--UO I against you in the the above- $90,787.01 and for the sale and foreclosure of your property located at: 337 NEWBURG ROAD, NEWBURG, PA 17240 Dated: 3- (3- D/ 0-3JdLid 12~ PROTHONOTARY ~ 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: Freda M. Wing 380 B State Rt. 70 Arkport, NY 14807 Floyd O. Wing, Jr. 380 B State Rt. 70 Arkport, NY 14807 I:\HOME\MKF\DOCS\CUMBERLA\WING.N "~.--:--_, L . , , , \ , , ~~ \~ I ............., ~ -- 'J- CX\ -...J '"'<:I '0 ~ ~........ ('\.. \ ' .r, i'. ~ to \ ....... .. \) ~ "'''- ' .. ~ \,-/ iD 1_ 0 0 0 c: "n $: :3': .--1 ""t)CG J">' ;"'11~ n-'fTl ;;;0 z:r :;jj? ~C~ w OJ. d:~.. ~~(,) -...-i_, ~O "1'J -,.-'''\", ;e(') --. (!:.- -rl --,-, ",-JO ::f::C) - Om J>c .. ,-I 0 '=' ?O -< (,,) '-< I~,"",,,,,,,,_ ._ ~ ,1li$~~..,:!\jX'll'!>W''''"Il\<'''flil\Wf~'!I;;r~>l'1''~''I'"",~~'f''''#,J~f\lJI!I''_'ffifll1''"Mffir,",,}\;;;~-,,:,. "-j_"""li-iT'"_'"-_~~''''''''''' '-"-'l"''''''V~>'''''!'''_~:iJj;;'_'Fi!I~W'~''''f,_j'llI'I.~''>V,<[.!M!ll~'I!f~~I~~"". Ji_,IIffi!: Ql! ~ ft' ! c ~ \-I ~ ~ t <:"-0. ~~ h Cii ~\ '~ c, '^' !' \ - Uv C' \ ). c::> "-. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2000 07890 ... FREDA M. WING AND FLOYD O. WING, JR. DEFENDANT(S) TOTAL AMOUNT j OF JUDGMENT $90,787.01 Interest at $16.48 per diem to sale date $ 3,081.76 Late charges at $26.40 per month to sale date $ 132.00 Escrow Deficit $ 2.000.00 TOTAL $96,000.77* HOMESIDE LENDING, INC., PLAINTIFF VS. *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 se. Date: March 12, 2001 ~ Leon P. Haller PA I.D. #15700 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 337 NEWBURG ROAD, NEWBURG, PA 17240. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY 1:\HOME\MKF\DOCS\GUMBERLA\WINGW ",'0". '-", ,~__+_ , "~ ALL THAT CERTAIN lot or piece of ground situate and lying in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike set in tQe centerline of Pennsylvania Route 641, at corner of lands now or formerly of Clifford W. Swope and Gene W'. Swope; thence by said centerline of said road, south 78 degrees 00 minutes 48 seconds west 194.91 feet to a railroad spike at corner of lands now or formerly of Clifford Swope et ux; thence by said lands of Swope, north 12 degrees 06 minutes 00 seconds west 215.76 feet to an iron pin at line of lands now or formerly of P. CUlbertson; thence by lands of Culbertson, north 67 degrees 58 minutes 00 seconds east 230.06 feet to a concrete monument at corner of lands now or formerly of Clifford Swope et ux; thence by said lands of Swope, south 05 degrees 02 minutes 08 seconds east 257.79 feet to a railroad spike set in the center of PA Route 641, the place of beginning; CONTAIN- ING 1.1337 acres and being Lot No.2 on a subdivision plan of Clifford W. Swope and Gene W. Swope, said Plan being recorded in the office of Recorder of Deeds of Cum- berland County, Pennsylvania, in plan Book 56, Page 70. HAVING A DWELLING ERECTED THEREON KNOWN AS 337 Newburg Road, Newburg, PA. BEING THE SAME PREMISES WHICH Terry L. Swope and Edna M. Swope by deed dated 3/19/93 and recorded in Deedbook E-36, Page 714 granted and conveyed unto Freda M. Wing and Floyd O. Wing, Jr. TO BE SOLD AS THE PROPERTY OF FREDA M. WING AND FLOYD O. WING, JR. ON JUDGMENT NO. 2000 07890. PARCEL: 11-08-0603-070 '-o;,~ ~ ~ "!~, i ~, r-\~I r- ~ i I , j I i ! i , I , i I ~ JI - ~ <:::x::\ -i=:::-.. \~ ~~ , , '-^ Dl ~ ~ ti- ~\ ~~~- O.,G\~,_ ~.~ c::; (') 0 () c _.5: -r; :::&: rHUJ ,;,. ~:j ZIT; '::=0 _:~l ;;D _..I S??i; .--'Ill c...., }JO , , f"'"t~ '_,1(!.) ~ ) V ~yi-7, ,p('" Z.J ::Ji,';: i'"'i~l ):>0 '::yC) 'C J:;- Orn Z 'C-I =< ,:;:, 5'; W -< ! I "~.1~""" . ((1) 1I\'li!~~IiJi!!"""I!l_"t'11l~lf'1:fft'Jf__~~~~l!m'11')![jjll~n'!'IFI~~~Hi#I'1P,1r~"'""T'-';' ";'i'!{"..,.m_W,_~''-'!'_'''" '-"'="''''''-,~J''..'''''"'"''!-''''''''''''''''''''I~'I'R''i!'l'N'll'')f!f.m!l@l';mlmllllml' ~ -~. ,.. HOMESIDE LENDING, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. FREDA M. WING AND FLOYD O. WING, JR., DEFENDANTS CIVIL ACTION - LAW NO. 2000 07890 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 337 NEWBURG ROAD, NEWBURG, PA 17240: 1. Name and address of the Owner(s) or Reputed Owner(s) : ! I I I Freda M. Wing 380 B State Rt. 70 Arkport, NY 14807 Floyd O. Wing, Jr. 380 B State Rt. 70 Arkport, NY 14807 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) : Beneficial Consumer Discount Company 1 So. Hanover Street Carlisle, PA 17103 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 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 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: March 12, 2001 -"'''-~'''''''''',." , ~, ~ ~ , . ill <"-, ~~ 1"l: " (") c: -..$: va" n1m 2:ti Z(' (j)~...;: ;:$L '-0 ~ 70 ~O )>c Z ==! . 'nr:l "r ...~ o o 'T) -.--/ "1~ :i-,:7.1 r-- :;821 Qi, :-:":rh, ~;? fIj ;.~~ rr,. ~ :1) -< :J:: :c.. :::0 <:-" " :Jl: t:.'" ':.:> ./:"" _~~~~~'.rw~,,~,_,~_ ~""'_''l'!'*~''~~'''f'''';''f,W-~''''li'-:';''_''''''S'"''''>i:''N''''_""\;i'_'~'''~',''-'''''Y_'''''';;~',''~''~Oi'l,"''~i'l")j~~~WW'''''f''--;-t"-.,"'''''''~'ji~l'If~f- HOMESIDE LENDING, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. FREDA M. WING AND FLOYD O. WING, JR., DEFENDANTS CIVIL ACTION - LAW NO. 2000 07890 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 consis'ting 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: 337 NEWBURG ROAD NEWBURG 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 07890 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property lS: FREDA M. WING AND FLOYD O. WING, JR. ""<f4 . ~~ , ,. " '" 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 PROMP.TL Y . 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 ~. ~ , " ~ , , , , 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 -n,;",,;, ,- , , -_~ I , ALL THAT CERTAIN lot or piece of ground situate and lying in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike set in the centerline of Pennsylvania Route 641, at corner of lands now or formerly of Clifford W. Swope and Gene W. Swope; thence by said centerline of said road, south 78 degrees 00 minutes 48 seconds west 194.91 feet to a railroad spike at corner of lands now or formerly of Clifford Swope et Ux; thence by said lands of Swope, north 12 degrees 06 minutes 00 seconds west 215.76 feet to an iron pin at line of lands now or formerly of P. Culbertson; thence by lands of Culbertson, north 67 degrees 58 minutes 00 seconds east 230.06 feet to a concrete monument at corner of lands now or formerly of Clifford Swope et ux; thence by said lands of Swope, south 05 degrees 02 minutes 08 seconds east 257.79 feet to a railroad spike set in the center of PA Route 641, the place of beginning; CONTAIN- ING 1.1337 aCres and being Lot No.2 on a Subdivision Plan of Clifford W. Swope and Gene W. Swope, said plan being recorded in the office of Recorder of Deeds of Cum- berland County, Pennsylvania, in plan Book 56, Page 70. HAVING A DWELLING ERECTED THEREON KNOWN AS 337 Newburg Road, Newburg, PA. BEING THE SAME PREMISES WHICH Terry L. Swope and Edna M. Swope by deed dated 3/19/93 and recorded in Deedbook E-36, Page 714 granted and conveyed unto Freda M. Wing and Floyd O. Wing, Jr. TO BE SOLD AS THE PROPERTY OF FREDA M. WING AND FLOYD O. WING, JR. ON JUDGMENT NO. 2000 07890. PARCEL: 11-08-0603-070 -'!<'f'~ _~ II "-~," ,~ 'N fft" "In Ili'lfr'j'" "j .li'I' .~, -" III rTT ['''"' """t'~r Yr"" o c: -,.,~ rllL.' _ rr-r &S~! r-~2'~ C. f~ 2~ -J -'<" , o o " :;J ~'~-;i!] ,J,'l1 -"Q S~J~l ;?~ 0111 j;' ::u -< ~ .0..... ':::-0 w .1:] :::;: J:- ::;:) +:- ~i~.~. .III'l/lllllll!ijlrM~!\'illl~~W<~~~"f~'Jl!H~__~r.g;"Wi'J!",,_Hg""'f!:,__i'~V1_~~_'__'1"""~_"','?"-c;_~_,,~,,-yc"'''1;"''-'''''f~'W'lW''''J,'';.'_1'!I'J'1''''''0"W;''''~'''''''''~'''1f'''''jJ!'Jf;.~''''''~~~~_':- Homeside Lending, Inc. VS Freda M. Wing and Floyd O. Wing, Jr. In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-~ Civil n90 R. Thomas Kline, Shetiff, who being duly sworn according to law says this writ, is returned Stayed. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Law Library County Mileage Levy Certified Mail Surcharge Postpone Sale Law Journal Patriot News Share of Bills 30.00 10.08 15.00 15.00 .50 1.00 12.40 15.00 39.89 30.00 20.00 105.75 194.48 25.09 514.19 paid by attorney 05-22-01 Sworn and Subscribed To Before Me This :{~ Day of ~ 2001 A.D. ~/T-,-" a~ ~ P ot onotary .~~ R. Thomas Kline, Sheriff By (~er~ \50 Lk 3 1 SO! k?.... jI ~ <fry ; I " ! t , " BOMESIDE LENDING, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. FREDA M. WING AND FLOYD o. WING, JR., DEFENDANTS CIVIL ACTION - LAW NO. 2000 07890 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 ~rit of execution was filed, the following informat~on concerning-the~ real property located at 337 NEWBURG ROAD, NEWBURG, PA 17240: '- 1. Name and address of the Owner(s) or Reputed Owner(s): Freda M. Wing 380 B State Rt. 70 Arkport, NY 14807 Floyd O. Wing, Jr. 380 B State Rt. 70 Arkport, NY 14807 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) : Beneficial Consumer Discount Company 1 So. Hanover Street Carlisle, PA 17103 5. Name and address of every other person who has any record lien on the property: UNKNOWN . ,1 ~," - 1r . ( ;- 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 every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... 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 unsworn falsification to authorities. ;;4.~.-// ~ /' -,,'---- /..-~_. --,~-- ,// I Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 12, 2001 ""I r~-" -'- HOMESIDE LENDING, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. FREDA M. WING AND FLOYD O. WING, JR., DEFENDANTS CIVIL ACTION - LAW NO. 2000 07890 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: 337 NEWBURG ROAD NEWBURG 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 07890 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property FREDA M. WING AND FLOYD O. WING, JR. "'--.""1'" , . . II 'I " , .",F ( 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 PROMP.TL Y . 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 ,"~ , , 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 i :..~.,. ,,", _I,' ,,' " ~!,~~ . , , ALL THAT CERTAIN lot or piece of ground situate and lying in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike set in the centerline of Pennsylvania Route 641" at corner of lands now or formerly of Clifford W. Swope and Gene W. Swope; thence by said centerline of said road, south 78 degrees 00 minutes 48 seconds west 194.91 feet to a railroad spike at corner of lands now or formerly of Clifford Swope et ux; thence by said lands of Swope, north 12 degrees 06 minutes 00 seconds west 215.76 feet to an iron pin at line of lands now or formerly of P. Culbertson; thence by lands of Culbertson, north 67 degrees 58 minutes 00 seconds east 230.06 feet to a concrete monument at corner of lands now or formerly of Clifford Swope et ux; thence by said lands of Swope, south 05 degrees 02 minutes 08 seconds east 257.79 feet to a railroad spike set in the center of PA Route 641, the place of beginning; CONTAIN- ING 1.13 37 acres and being Lot No. 2 on a Subdivision plan of Clifford W. Swope and Gene W. Swope, said plan being recorded in the office of Recorder of Deeds of Cum- berland County, Pennsylvania, in plan Book 56, Page 70. HAVING A DWELLING ERECTED THEREON KNOWN AS 337 Newburg Road, Newburg, PA. BEING THE SAME PREMISES WHICH Terry L. Swope and Edna M. Swope by deed dated 3/19/93 and recorded in Deedbook E-36, Page 714 granted and conveyed unto Freda M. Wing and Floyd O. Wing, Jr. TO BE SOLD AS THE PROPERTY OF FREDA M. WING AND FLOYD O. WING, JR. ON JUDGMENT NO. 2000 07890. PARCEL: 11-08-0603-070 '-1 - " ~ ~ < . . ." ,. WRIT OF .EX'ECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00_7RQO CIVIL~...TEBM CIVIL ACTION. LAW TO THE SHERIFF OF Cumberland To satisly the debt, interest and costs due COUNTY: Hcm~Ric1p T,pnninQ". Inc. PLAINTIFF(S) Irom Fr..nA M. Wing Ann F10yn o. Wing. ,Jr. :B7 Nf'Whllrg Road. Newburg, Pa. 17240 DEFENDANT(S) (1) You are directed to levy upon the property 01 the delendant(s) and to sell ,,7 Nf'Whl1rg R()iJn. NPWhl1rg PA. 17)40 ,; ~ ji'} ,0.';", (2) You are also directed to attach the property 01 the delendant(s} not levied upon!il:l: th~ pQ.ssessibn 01 ',~' '_' :,v , ],~::; ;, l!pJ,r:,-' ~"'.~ !.'<,.[. ,t '" ,\..iL '~l ,~'!,.,,) r: (,,: GARNISHEE(S) as lollows: .. ",I'" ,,\;,' : i,'.I' 1~F! ;~.' ._': ,,' " .. ,- ,,-' "t~l ' and to notify the garnishee(s) that: (a) an allachment has been issued; (b) the garnishee(s) is/are enjoined Irom paying any debt to or lor the account 01 the delendant(s) and Irom deliVering any property olthedelendant(s} or otherwise disposing thereol; (3) II property olthe delendant(s) not levied upon an subject to attachment is lound,in the possession 01 anyone other Ihana named garnishee. you are directed to notily him/her that he/she has been added as a garnishee and is enjoined as above slated. Amount Due I Interest at nferest $ QO, 7R7 01 $16.48 per diem to sale date S ~,()61. 79 L.L. SO.50 Any's Comm Atty Paid Plaintiff Paid % Due Prothy Other Costs 1 00 Late charges at $26.40 per month to 5 138.40 sale date 5132.00 Escrow Deficit 52.000.00 Dffie:March 13, 2001 Curtis R. Long Prothonotary. Civil Division by: q'f'- (). 'n,AflJ~. " REQUESTING PARTY: Deputy Name T ,pon P. HA 11 p.r Address: 1719 North Front Street HArriRhllrg. PA. 17102 Attorney lor: Plaintiff Telephone: (717) 234-4178 Supreme Court ID No. 15700 -11'.0 I . .' I ~ ,-- ~ , '~ .~ -,,_., ,"- ".-~IIII'" J iT""n REAL ESTATE SALE NO." 5~" >, On fI{ ~ /Q,;2 00 J the sheriff levied upoo the aetendamll Interest In the real property situated in *-p.e ~ f(j ()J7/...0fv 'p Cumberland County, Pa., known and numbered as: 33'71.e wP.~ f.cJ 1-e~ and more fully described on Exhibit "A" flied with this wrft ana by this reference incorporated herein. 0at8:_ fl{ru.-d Iq,;loo I By: <~~ Bep ~ ~ c:v;J c:v;J fi ri'iii iF (")~ -0 ::o.::~ JT1 _:l:.c: % c:' c..n ~ rn :;F-.>, 7~~ :~~ ~ ~~~ '''''''' W '-.')c{j) <,~ ':.:>x ::t>~.. -0 C:fT1 " I'; ::c. :.z:::::c X _-i- - c:::.:J-.(~ l> 1Bi1llltl: " ,'!!l'l_.. _~ " ~~"m1!lli1'!~l'II;~rl!lll, '!' _ ~'I"~"",' "J!II!!!Jl!~'.f'!'~"""-""''':;'rI"''''F'''''''''''''*1-,''''-I',~T'';'~'C''''''',",'J"''''*''~'':'fJ;;FjJml1i'~1l!~mf!)jj~~~~ "," . IN THE COURT OF COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2000 07890 FREDA M. WING AND FLOYD O. WING, JR. DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT $90,787.01 Interest at $16.48 per diem to sale date $ 6,097.60 Late charges at $26.40 per month to sale date $ 290.40 Escrow Deficit $ 2.000.00 TOTAL $99,175.01* ROMESIDE LENDING, INC., PLAINTIFF VS. *SALE DATE: WEDS., DEC. 5. 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 captioned case. Date: September 10, 2001 Attorney for plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 337 NEWBURG ROAD, NEWBURG, PA 17240. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY " - ~ -~, -. ALL THAT CERTAIN lot or piece of ground situate and lying in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike set in the centerline of Pennsylvania Route 641, at corner of lands now or formerly of Clifford W. Swope and Gene W.. Swope; thence by said centerline of said road, south 78 degrees 00 minutes 48 seconds west 194.91 feet to a railroad spike at corner of lands now or formerly of Clifford Swope et ux; thence by said lands of Swope, north 12 degrees 06 minutes 00 seconds west 215.76 feet to an .iron pin at line of lands now or formerly of P. Culbertson; thence by lands of Culbertson, north 67 degrees 58 minutes 00 seconds east 230.06 feet to a concrete monument at corner of lands now or formerly of Clifford Swope et ux; thence by said lands of Swope, south 05 degrees 02 minutes 08 seconds east 257.79 feet to a railroad spike set in the center of PA Route 641, the place of beginning; CONTAIN- ING 1.1337 acres and being Lot No.2 on a Subdivision plan of Clifford W. Swope and Gene W. Swope, said plan being recorded in the office of Recorder of Deeds of Cum- berland County, pennsylvania, in Plan Book 56, Page 70. HAVING A DWELLING ERECTED THEREON KNOWN AS 337 Newburg Road, Newburg, PA. BEING THE SAME PREMISES WHICH Terry L. Swope and Edpa M. Swope by deed dated 3/19/93 and recorded in Deedbook E-36, Page 714 granted and conveyed unto Freda M. Wing and Floyd O. Wing, Jr. TO BE SOLD AS THE PROPERTY OF FREDA M. WING AND FLOYD O. WING, JR. ON JUDGMENT NO. 2000 07890. PARCEL: 1l-08-0603-070 .. !ill '", . ,. p r- rIJi~-- "ai "':"'1nI'~'~11T""\j~"', -'9. -i<l ~ 0 0 ..() -lQ. -p .' "- ~ -(:. 7\ CF) ~ ...... (') c::) 1t- & ..... r .V) c t- f' ->, "- 8 < :t'J , .-a ~ ~ 0 -0 CD i~1 f11rr, -0 tv 0- D Z:"'j~: ~ , ;-<':~_. ~ I ~~r ['.) /0 F ,...~C-, -0 , , , ~: ~ :::;; ~ :ZC) t , ~ ~() t:'" C , , vr z '" ., ~ -I i:::l -< Ul --< . ~~"il!i~__\lflI~lfl<!"l"~'_-!'!";<'!__'~~!IW?~"rnc;_~f'_T:""''''"''''W.~'l''1'"~'""""'i'"!,?",,,"'''';-i''R1''''''JF'''''~'''''''-''''1~_~~'''''li'1~"i'~-~~''''''''_~ '"" ~ HOMESIDE LENDING, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. FREDA M. WING AND FLOYD O. WING, JR., DEFENDANTS CIVIL ACTION - LAW NO. 2000 07890 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 337 NEWBURG ROAD, NEWBURG, PA 17240: 1. Name and address of the Owner(s) or Reputed Owner(s): Freda M. Wing 380 B State Rt. 70 Arkport, NY 14807 Floyd O. Wing, Jr. 380 B State Rt. 70 Arkport, NY 14807 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) : Beneficial Consumer Discount Company 1 So. Hanover Street Carlisle, PA 17103 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 UNKNOWN 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY .,. 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 unsworn falsification to authorities. Leon P. Haller #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 10, 2001 ,., ., ~ -," A-' C'_- ;c,~ "," '0_',,",,''', ,,' '!i"f~nl"jfil ; 'frr _~r .-.~' '; "'~ -;'r."'il",-;:;;;;g"f~y'rif., '" -'_;"i'i1t";:~~~ 0 C:' c: <"" f.1') -uG:i p, rnf7'-~ ":J Z::C ~~i r'J - r;:c! -0 r: ;r>C'1 ;3f- ,""1 ;<;;;("1 C'" t )> - ,~.-' 5: ::::~ ~ ::? :% {.:> -<; " . _ ~. ~ ~jl':lllll'lI'!~,...." ~lM~~~~li!<~_j~~~1IIfP!J~."~ITi':"'J'"'~_~~"":'_"'''':;;,~Jl!'7'U'~'''''lF'''Y"f""''''"''''~'-f'::)''''''!W>/i!lI-~~\-l}~'WW41''_'''''~'~~f''---lP!!'~)!~ ,_.....". HOMES IDE LENDING, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. FREDA M. WING AND FLOYD O. WING, JR., DEFENDANTS CIVIL ACTION - LAW NO. 2000 07890 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, DECEMBER 5, 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: 337 NEWBURG ROAD NEWBURG 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 07890 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property FREDA M. WING AND FLOYD O. WING, JR. ,W;;'~JlIT , ,..f' "" , 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 ~, ,~^~ , '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 Courthous~, 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 -'~'i'... ,,~ , , ALL THAT CERTAIN lot or piece of ground situate and lying in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike set in t~e centerline of Pennsylvania Route 641, at corner of lands now or formerly of Clifford W. Swope and Gene W'. Swope; thence by said centerline of said road, south 78 degrees 00 minutes 48 seconds west 194.91 feet to a railroad spike at corne.r of lands now or formerly of Clifford Swope et ux; thence by said lands of Swope, north 12 degrees 06 minutes 00 seconds west 215.76 feet to an iron pin at line of lands now or formerly of P. culbertson; thence by lands of Culbertson, north 67 degrees 58 minutes 00 seconds east 230.06 feet to a concrete monument at corner of lands now or formerly of Clifford Swope et ux; thence by said lands of Swope, south 05 degrees 02 minutes 08 seconds east 257.79 feet to a railroad spike set in the center of PA Route 641, the place of beginning; CONTAIN- ING 1.1337 acres and being Lot No.2 on a Subdivision Plan of Clifford W. Swope and Gene W. Swope, said Plan being recorded in the office of Recorder of Deeds of Cum- berland county, pennsylvania, in plan Book 56, Page 70.. HAVING A DWELLING ERECTED THEREON KNOWN AS 337 Newburg Road, Newburg, PA. BEING THE SAME PREMISES WHICH Terry L. Swope and Edna M. Swope by deed dated 3/19/93 and recorded in Deedbook E-36, Page 714 granted and conveyed unto Freda M. Wing and Floyd O. Wing, Jr. TO BE SOLD AS THE PROPERTY OF FREDA M. WING AND FLOYD O. WING, JR. ON JUDGMENT NO. 2000 07890. PARCEL: 11-08-0603-070 ~"Mllll;Ojm~, rl .-, '" ^" ~"' . " ,0 ""~'" "'_.~ ,_ _~~_ ~"llJ1rnr T Tr~"'""' "'~"1!t 0 C) C) C s: ',"'j (/) u l7.J f"1 -"I 01 en ~~, "U \'f -cr, f'_' :' ~,) ~J r,~~) .''tJ '.;:-:U Zi..:! ::x: --.c., ~jf~ Pc L- Z ::::> 35 =<i (>0 -< _~~''l'lIt~. '"~~ ~,~ ~!1Ilfliffl''l'f!HII~')W!l'~'''''~~I~._~~~""';;'''!"I''1'~1-'-'':''''''':W'''-T",",~,.,-",l':"''''~''!f'_.-..".,l:O'''-'f!>'In;''""'!''l''-''''~~''''''''-''''",,,,"'-'''''","",1i'!"~~~iII""~ TI!f, _I HOMES IDE LENDING, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. FREDA M. WING AND FLOYD O. WING, JR., DEFENDANTS CIVIL ACTION - LAW NO. 2000 07890 IN MORTGAGE FORECLDSURE Relief from Stay - Docket Attached " ,. ,r ~ '~1 l\Jew York Western Bankruptcy Court - Docket Report Page 1 of u.s. Bankruptcy Court Western District of New York (Buffalo) . Bankruptcy Petition #: 01-12111 Date filed: 4/6/01 . Assigned to: Hon. Carl L. Bucki . Chapter 7, voluntary, individual, no asset, joint > I * Parties * II * Attorneys * I FLOYD O. WING, JR. John R. Scura dba 131 Main Street F&F Hauling(Pennsylvania)1997- P.O. Box 468 1999 Dansville, NY 14437 xref 716-335-5610 Pete Wing PO Box 431 Canaseraga, NY 14822 SSN: 172-46-4047 * debtor * FREDA M. WING John R. Scura PO Box 431 (See above) Canaseraga, NY 14822 SSN: 206-38-9624 * debtor * JOHN H. HEYER, Esq. 604 Exchange National Bank Bldg. P.O. Box 588 Olean, NY 14760 * trustee * " ,:i Docket Proceedings B~I Docket Entry I 14/6/01 18 Verified county with attorney [1-1] (sp) 1416/01 ID Voluntary petition; [2-1] all schedules and statements. (jwg) [EOD 04/10/01] I II II I http://pacer.nywb.uscourts.gov/bc/cgi- bin/rund kt. pi 07/18/2001 ""i, >>,~ '-',-- ^<. New York' Western Bankruptcy Court - Docket Report Page 2 of ~ 14/6/01 I~ Filing fee paid; Receipt No.: 22010489 [3-1] (jwg) [EOD 04/10/01] 14/6/01 [J Real property scheduled: 337 Newburg Road, Newburg, PA 17240 (jwg) [EOD 04/10/01] INTERNAL,USE ONLY: BD Debtor's home address: 380 B Route 70, Arkport, NY 14807 (jwg) [EOD 04/10/01] Notice of See. 341 Meeting Meeting set for 9:005/25/01 4/11/01 4 at Olean Complaints re discharge due by: 7/24/01 ; John Heyer appointed trustee. (jwg) 14/13/0118 Court's BNC Certificate of Service re: 341 notice [4-1] . # of Notices: 33 were sent. (auto) 15/25/0118 MINUTES [6-1] 341 Mtg. - Debtor(s) sworn,examined; MC; Tr, db atty appeared. (sb) [EOD 06/04/01] 16/4/01 101 Trustee's report of no assets (sb) I Notice of motion for relief from stay (Sec. 362) with HomeSide Lending, Inc.; re: 337 Newburg Road, 6/12/01 8 Newburg, PA 17240 [8-1] Hearing Date and Time: 11:00 6/22/01 at Olean; Filed by: Shapiro & DiCaro, LLP, Attys for HomeSide; Receipt No.: 11040377; Affidavit of Service filed (sb) D MINUTES [9-1] re: motion for relief from stay (Sec. 362) 6/22/01 with HomeSide Lending, Inc.; re: 337 Newburg Road, Newburg, PA 17240 - granted (sb) [EOD 06/25/01] 6/26/01 G Order [tli~~1!.@F~im.~!,;9i!;IJTlotionE9r relief from stay (Sec. 362) with HOl11eSlcfe Lending, Inc.; re: 337 Newburg Road, Newburg, PA 17240 [8-1] (sb) 16/26/01 10 Notice of entry [11-1] re: order [10-1] . (sb) Re art Criteria lease Num: 01-12111 http://pacer.nywb.uscourts.gov/bc/cgi-bin/rundkt. pi 07/18/2001 ,":J1il.__ '" ,.,_ ~ '''' l!!! , "" =~ New York Western Bankruptcy Court - Docket Report II Filed II 01/01/31 and End of Report Page 3 of PACER Service Center I Transaction Receipt I I 07/18/200111:29:19 I IPACER Login: IIpkOO15 IIclient Code: I IDescriPtion: I docket Icase 12001- report Number: 12111 Billable 12 Ilcost: 110.14 ! Pages: ~ Need help? Try the PACER User's Guide. ra For information or commentsl please contact Pacer Service Center "'€:';I PACER Home. http://pacer.nywb.uscourts.gov/bc/cgi-bin/rund kt. pi '!'" ,.,. 07/18/2001 , HOMESIDE LENDING, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. FREDA M. WING AND FLOYD O. WING, JR., DEFENDANTS CIVIL ACTION - LAW NO. 2000 07890 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg , Pennsylvania on ! d-/7-0 / ,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: Freda M. Wing 380 B State Rt. 70 Arkport, NY 14807 Floyd O. Wing, Jr. 380 B State Rt. 70 Arkport, NY 14807 Beneficial Consumer Discount Company 1 So. Hanover Street Carlisle, PA 17103 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 By PURCELL, KR G Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ~--" ~, - ., ~." _"~._d%_ ';" " ';'," b<'h<<,t.{,,'''f'''liiC<'- -~f"'i" ~~'nt '''i.J'ff;;'f:''~''f'"',l''~'t;--'''1t'''l'ji')jj:'\'l- ~ (') f; '"'Oct} f!JrTi 5::t~ "'_t 0:i?::; ;:$."" l~i 2 .:-;! '~ '" 0, , Q ('" ,...I 'T> ~ {::J <"C ---, l\.) (~ :t';?. _~_IIl>'!llIi'llf,~__~._j""V~L'~"'t,," "'~ _~,"Vl~'i1fi'I~"Ii'-'~"'rr",.,,,,+.O"~'''''''T'W''''''''-'M'''''~~~~e~'''i~:~ry~1\f'~"'1I~_l"'))~r~~\Il ",!(l; .' \ 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 '1'0: Freda M. Wing 380 B State Rt. 70 Arkport, NY 14807 Floyd O. Wing, Jr. 380 B State Rt. 70 Arkport, NY 14807 Beneficial Consumer Discount Company 1 So. Hanover Street Carlisle, PA 17103 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 NOTIC~ 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: against the said ave an ng notified of YOU ARE FURTHER NOTIFIED that the lien you hold real estate will be divested by the sale and that opportunity to protect your interest, if any, said Sheriff's Sale. Leon P. Haller PA I.D.15700 Attorney for Plaintiff ',-q-tl -. , . ,~;.,~ ~~ ..",,",- , . , HOMESIDE LENDING, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. FREDA M. WING AND FLOYD O. WING, JR., DEFENDANTS CIVIL ACTION - LAW NO. 2000 07890 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: 337 NEWBURG ROAD NEWBURG CUMBERLAND COUNTY I?ENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2000 07890 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property FREDA M. WING AND FLOYD O. WING, JR. ~ 'l'''''~,__r ~ ~ , A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the 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 MfJST 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 '~1~.J. 1J."I""'_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 ""'-'~J ~" , ALL THAT CERTAIN lot or piece of ground situate and lying in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike set in the centerline of Pennsylvania Route 641, at corner of lands now or formerly of Clifford W. Swope and Gene W.. Swope; thence by said centerline of said road, south 78 degrees 00 minutes 48 seconds west 194.91 feet to a railroad spike at corner of lands now or formerly of Clifford Swope et ux; thence by said lands of Swope, north 12 degrees 06 minutes 00 seconds west 215.76 feet to an iron pin at line of lands now or formerly of P. Culbertson; thence by lands of Culbertson, north 67 degrees 58 minutes 00 seconds east 230.06 feet to a concrete monument at corner of lands now or formerly of Clifford Swope et ux; thence by said lands of Swope, south 05 degrees 02 minutes 08 seconds east 257.79 feet to a railroad spike set in the center of PA Route 641, the place of beginning; CONTAIN- ING 1.1337 acres and being Lot No. 2 on a Subdivision plan of Clifford W. Swope and Gene W. Swope, said Plan being recorded in the office of Recorder of Deeds of Cum- berland county, Pennsylvania, in plan Book 56, Page 70. HAVING A DWELLING ERECTED THEREON KNOWN AS 337 Newburg Road, Newburg, PA. BEING THE SAME PREMISES WHICH Terry L. Swope and Edna M. Swope by deed dated 3/19/93 and recorded in Deedbook E-36, Page 714 granted and conveyed unto Freda M. Wing and Floyd O. Wing, Jr. TO BE SOLD AS THE PROPERTY OF FREDA M. WING AND FLOYD O. WING, JR. ON JUDGMENT NO. 2000 07890. PARCEL: 11-08-0603-070 II .," COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9TH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA AFFIDAVIT OF SERVICE OF PROCESS HOMESIDE LENDING, INC. Plaintiff NO. 2000-07890 versus CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE FREDA M. WING AND FLOYD O. WING, JR. Defendant Know all persons by these presents that I, B R...U~ If JL6-/oJrvIN , was assigned to duly execute this service upon the following defendant: FREDA M..WING at 380 B. STATE ROUTE 70. ARKPORT. NY 14807. I hereby depose and say: 1) That I am of the necessary age and sound mind to execute said service. 2) That I am not a party to the action or have any interest in it. 3) That I am an agent of Eric J. Kerchner, a Monroe County, Pennsylvania licensed private investigator. I hereby certify that on IO-'3I-~ Co( at approximately 7)</0 Oa.m. 2lp.m. a true and correct copy of the NOTICE OF SHERIF'F'S SALE were served on the above-named party or witness in the following manner: ~ I personally delivered them into the hands of the person to be served. o By leaving a copyat his/her usual place of abode with , whose relationship to the defendant is , and who is of suitable age and discretion and also residing therein. o By leaving a copy with , the manager/clerk of place of lodging in which defendant resides. o By leaving a copy with , the agent in charge of defendant's office or usual place of business. Job title or position of agent is o After due and diligent efforts, described be/ow, I was unable to serve the process because: Description of Recipient: r- ' . Sex: ~ Race: IoU'...... TN" Approximate Height S S Approximate Weightd 'tV Approximate Age: '-12. FURTHER AFFIDAVIT SAYTH NOT. ~.~~ Signature of Process Se r NOTARY COMMISSION STAMP Mar!ar't Am K"" '01Kl6~45099 N,tary Plblic. State .r No ',rk Qnlifiel in Cattarautlll C.lIIltl ") MI C"'mil~'n ElIirtll~1 24. 20 0. ;.... . Subscribed and sworn to before me this S 'f-J, day of ~ 2001. ~~7 Notary Pub! c NOTARY COMMISSIONSiiEAI. . .~-. _ O"_"'_"~_~.'" ~. .~" Sole.. lal5101 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9TH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA AFFIDAVIT OF SERVICE OF PROCESS HOMESIDE LENDING, INC. Plaintiff versus NO. 2000-07890 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE FREDA M. WING AND FLOYD O. WING, JR. Defendant Know all persons by these presents that I, e.WC,ff l:f jLefoJ"'lt'1 , was assigned to duly execute this service upon the following defendant: FLOYD O. WING at 380 B. STATE ROUTE 70, ARKPORT. NY 14807. I hereby depose and say: 1) That I am of the necessary age and sound mind to execute said service. 2) That I am not a party to the action or have any interest in it. 3) That I am an agent of Eric J. Kerchner, a Monroe County, Pennsylvania licensed private investigator. I hereby certify that on 10-3(_ ~ I at approximately 'No Oa.m. Il!Ip.m. a true and correct copy of the NOTICE OF SHERIFF'S SALE were served on the above-named party or witness in the following manner: /i!P I personally delivered them into the hands of the person to be served. I:l By leaving a copy at his/her usual place of abode with , whose relationship to the defendant is , and who is of suitable age and discretion and also residing therein. I:l By leaving a copy with , the manager/clerk of place of lodging in which defendant resides. I:l By leaving a copy with , the agent in charge of defendant's office or usual place of business. Job title or position of agent is I:l After due and diligent efforts, described below, I was unable to serve the process because: Description of Recipient: Sex: t'Y\ Race: tAl... ''IU , " Approximate Height: S '7 Approximate Weight:~ Approximate Age:.::!r FURTHER AFFIDAVIT SAYTH NOT. Subscribed and sworn to before me this 5"" dayof.~2001. Signature of Process Serv NOTARY COMMISSION STAMP Mariani AM K...y 'OlKl6H5099 Ndary P.b1ic. State ,f Ntw Y IfIc annli., in Callar"l" Cowy ~") My CllDIIlillion (,/its J~J 24, 20 w.'" ~~ Notary Pu IC ( NOTARY COMMISSION SEAL 11- c"~~ .-, . ' Re: Homeside v.Wing Cumberland Sale 12/5/01 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Freda M. Wing 380 B State Rt. 70 Arkport, NY 14807 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Floyd O. Wing, Jr, 380 B State Rt. 70 Arkport, NY 14807 Postmark: cI" r-, ;\ 1:';.--. ">'" '<':j~.t)~/i~\ :0';{ ,1 I "G" , ,,'~>' ... 1~i:I\ 11" Q! \iJ- >f!#f' ~"t / '''&0"- ,,/ -', ~'_'~8 ,;~\}\~,/ U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary Beneficial Consumer Discount Company 1 So. Hanover Street Carlisle, PA 17103 mail addressed to: Pn_C!t-rn~-""""" - ~ATF~~:;2-^C,~~~;~~:~~~ ; /"" ~"""J'",,,-, .'. ~u.,.- .~_'" I' "Cn-;.Mj",,- (i:~;! 7':i:;~)'l~;~~\ ~'~" ;;;~l'": I~ \ j C'.'" ',_,.f' -- u oJ :) ~ '.. "~l:}:~~ ~./ (~T: ~~ ~,-~~;;L_".~ ---~-~: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 '......,;/:,'/2,...".'.'.",... '.' ,/ VI)'"'' ':i 110 \',~ \ .?Jalf ;;- ."v,"'Vj " ' " ;'--,~\\. '\.. (/('!'}... ?\\ ~' "'-."I,-\) ;_,' --- ';;J;i0~;:i~;~;?/:ftt-;6STAitl\ ':;[; "-'.0' "W'.' ", \ \ (h-':; I '-~)} :__,_=~\~:~:,:~.\ :: [) '7 ~ :: : \ ; -" :'>./,.,..~~.'; .- .j.....-I ".~J~~~/:/ ;:'~~':f~<-~:';' 1____-11 STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ______________________________________________________________________________Recorderol Deeds in and for said County and State do 'hereby unify that the Sheriff's Deed in which ________________ Secretary if Veterans Affairs of WasningtbriGD C ___________________________.________________________________________________~_______ ~ lhegr.anlee 5th the same having been sold to said gr.anlee on the _______________________________________________ day of Dee 01 ________________________________________ A. Do, ; _____, under and by virtue of a writ______________ Execution . , 12th ______________.---------------------------- _____ ISSued on the ___ _____ _____ ___ ____ n__ _____________ Sept day of __________________________ Ao Do, Civil ------------------------------..----------------- ----_____________________________ Tenn, : .qQ__ , 7890 Homeside Lending Ine Numbu ______________, at the suit of _______________________________________________________________ Freda M Wing & Floyd 0 ---------------------------- ----___ against. ___..... __ _____ __ ..._...__ ...____ ________ __ ..._..._ __ ____ ______... is 01 -____, out 01 the Court DC Cornman Pleas of said County'as DC 7890 duly recorded in Sheriffs Deed Book No. _______:~~__, Page ____________. 889 IN TESTIMONY WHEREOF, I have hereunto sel my hand and seal of said office lh~ ___~1/J.__ day or ------~~;L---------- A. D., ~_~ ~~------------------- Recorder of Deeds Homeside Lending, Inc. VS Freda M. Wing and Floyd O.Wing, Jr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2000-7890 Civil Term Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on Oct. 03,2001 at 6:45 P.M., E.D.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Freda M. Wing and Floyd O. Wing, Jr., located at 337 Newburg Road, Newburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being dilly sworn according to law, states that he served the within Real Estate Writ, Notice and Description in the following manner: The Sheriff mailed a copy of the pendency of the action by Certified Mail, Return Receipt Requested, Restricted Delivery, Deliver to Addressee Only, to one of the within named defendants, to wit, Freda M. Wing, to her last known address of 3 80 B State Rt. 70, Arkport, NY 14807.. This letter was mailed under the date of Sept. 24, 200!. Defendant, Freda Wing, received the letter on Sept. 28, 200 I. Return receipt card was returned to the Cumberland County Sheriffs Office signed by Freda Wing. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice and Description in the following manner: The Sheriff mailed a copy ofthe pendency of the action by Certified Mail, Return Receipt Requested, Restricted Delivery, Deliver to Addressee Only, to one of the within named defendants, to wit, Floyd O. Wing, Jr. to his last known address of 380 B State Rt. 70, Arkport, NY 14807. This letter was mailed under the date of Sept. 24, 200!. The unopened letter was returned to the Sheriffs Office on October IS, 2001 with reason checked "unclaimed." R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice and Description in the following manner: The Sheriff mailed a copy of the pendency of the action by Certified Mail, Return Receipt Requested, Restricted Delivery, Deliver to Addressee Only, to one of the within named defendants, to wit, Floyd O. Wing, Jr. to his last known address of P.O. Box 431, Canaseraga, NY 14822. This letter was mailed under the date of Oct. 17, 200 I. The unopened letter nor the return receipt card has been returned to the Sheriff s Office to this date, November 5, 200!. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 5, 2001 at 10:00 o'clock A.M., EST. He sold the same for the sum of $60,000.00 to Attorney Leon Haller for The Secretary of Veterans Affairs of Washington, D.C., his successors and/or assigns. It being the highest bid and best price received for the same, The Secretary of Veterans Affairs of Washington D.C., his successors and/or assigns of 5000 Wissahickon Avenue, Philadelphia, P A 19144, being the buyer in this execution paid SheriffR. Thomas Kline, the sum of $2,043.96, it being costs. ;111 _ Sheriff s Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Legal Search Law Journal Patriot News Share of bills Distribution of proceeds Sheriffs Deed $30.00 1200,00 15.00 15.00 30.00 10.00 1.00 28.60 26.65 15.00 30.00 200.00 302.60 262.95 25.66 25.00 26,50 $2,243,96 Sworn and Subscribed to Before Me This ({if: Day of J,d, . . . "'" 2001,AD.~ Q..'f1"Jo,. "J!F1 r onotary -~"";""'_"""'J":.,~,~ , r' So Answers: :;"~~~ R. Thomas Kline, Sheriff BY qo~-.5vvCdh Real Estate Deputy ~.~ IJV -50, If) /. J<.. 3r53~ / J2w., /.;J/ 39 > TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WIDCH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 49 Held Wednesday, December 5,2001 Date: December 5, 2001 TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive, Taxes for the current year 2001. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2001, and recorded ,2001, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which Terry L. Swope and Edna M. Swope, husband and wife, by deed dated March 19, 1993 and recorded March 26,1993 in the Office of the Recorder of Deeds in and for Cumberland County in Carlisle, Pennsylvania in Deed Book "E," Volume 36, Page 714 granted and conveyed to Freda M. Wing and Floyd O. Wing, Jr. wife and husband. OTHER EXCEPTIONS: I. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Umecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose, 4. Payment of State and local Real Estate Transfer Taxes, if required, 5. Public and private rights in the roadbedofPA Route 641. known as Newburg Road, dedicated 25 feet from the center line. 6. Conditions, easements and restrictions shown on or set forth on the Final Plan of a Subdivision for Clifford W. Swope and Jean W, Swope, husband and wife, recorded in Cumberland County Plan Book 56, Page 70. 7. Mortgage in the amount of $4,900.00 given by Floyd O. Wing, Jr. and Freda M. Wing to Beneficial Consumer Discount Company dated June 8, 1995 recorded June 9, 1995 in Mortgage Book 1266, Page 475. 8. Mortgage in the amount of $81,995.00 given by Floyd 0, Wing, Jr. and FredaM. Wing to Mortgage Investers, Inc. dated August 23, 1997, recorded August 29, 1997 in Mortgage Book 1402, Page 376. Assigned to Resource Bancshares Mortgage Group Inc., by instrument recorded in Miscellaneous Record Book 559, Page 73. Further assigned to Homeside Lending, Inc. by instrument recorded in Miscellaneous Record Book 567, Page 600. Complaint filed by Homeside Lending, Inc. as Plaintiff against Freda M. Wing and Floyd O. Wing, JI. as Defendants in the Office of the Prothonotary of Cumberland County on November 8, 2000 to file number 00-7890. Default judgement entered March 13,2001 in the amount of $90, 787.Ql. 9. Rights granted to Western Union Telephone Company by instrument recorded in Miscellaneous Record Book 60, Page 234, 10. Rights granted to American District Telephone Company by instrument recorded in Miscellaneous Record Book 58, Page 494. 11. Satisfactory evidence to be produced that proper release of stay of bankruptcy filed in the Western district of New York was obtained from the Bankruptcy Court. 12. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 12. Real estate taxes accruing on and after January 1,2002 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act S8 of 1997, nor has any search been made for environmental liens in Federal District Court. 11. Robert G. Frey, Agent Note: This Title Report shall not be valid inding until countersigned by an authorized signatory. --- REAL ESTATE SALE NO. 49 Writ No, 2000-7890 Civil Homeside Lending, Inc. vs, Freda M. Wing and Floyd O. Wing. Jr. At!;)'.: Leon P. Haller ALL TIfAT CERTAIN lot or piece of ground situate and lying in Hope- well Township. Cumberland Coun!;)'. Pennsylvania, bounded and de- scrtbed as follows: BEGINNING at a railroad spike set in the centerline of Pennsylva- nia Route 641. at corner of lands now or fonnerly of CUJford W. Swope and Gene W. Swope: thence by said centerline of said road. south 78 degrees 00 minutes 48.seconds west 194.91 feet to a railroad spike at corner of lands now or formerly of Clifford Swope et ux; thence by said lands of Swope. north 12 de. grees 06 minutes 00 seconds west 215.76 feet to an iron pin at line of lands now or formerly of P. Cul~ bertson: thence by lands of Culbert- son, north 67 degrees 58 minutes 00 seconds east 230.06 feet to a con- crete monument at comer of lands . now or formerly of Clifford Swope et ux; thence by said lands of Swope.' south 05 degrees 02 min- utes 08 seconds east 257.79 feet to a railroad spike set in the center of PA Route 641. the place of be- ginning: CONTAINING 1.1337 acres and being Lot No, 2 on a Subdivi- sion Plan of Clifford W. Swope and Gene W. Swope, said Plan being recorded in the office of Recorder of Deeds of Cumberland County. Pennsylvania. in Plan Book 56. Page 70. HAVING A DWELLlNG ERECT. ED THEREON KNOWN AS 337 New- burg Road. Newburg. PA. BEING THE SAME PREMISES' WHICH Terry L, Swope and Edna M. Swope by deed dated 3/19/93 and recorded in Deedbook E-36. Page 714 granted and conveyed unto . Freda M. Wing and Floyd O. Wing. Jr, TO BE SOLD AS THE PROP- ERTY OF FREDA M. WING AND FLOYD O. WING. JR. ON JUDG. MENT NO. 2000 07890. PARCEL: 11-08-0603-070. I '?- . HOMES IDE LENDING, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. FREDA M. WING AND FLOYD O. WING, JR., DEFENDANTS CIVIL ACTION - LAW NO. 2000 07890 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 337 NEWBURG ROAD, NEWBURG, PA 17240: 1. Name and address of the Owner(s) or Reputed Owner(s) : Freda M, Wing 380 B State Rt. 70 Arkport, NY 14807 Floyd O. Wing, Jr. 380 B State Rt. 70 Arkport, NY 14807 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) : Beneficial Consumer Discount Company 1 So. Hanover Street Carlisle, PA 17103 5. Name and address of every other person who has any record lien on the property: UNKNOWN i,;__ " , , 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 every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, FA 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~ 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: September 10, 2001 ~'L''''I.~l ~ f , ; . HOMES IDE LENDING, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, FREDA M. WING AND FLOYD O. WING, JR., DEFENDANTS CIVIL ACTION - LAW NO. 2000 07890 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, DECEMBER 5, 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: 337 NEWBURG ROAD NEWBURG 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 07890 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property FREDA M. WING AND FLOYD O. WING, JR. t*iI'i!7_"i ,. , , , 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. 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 ;-~_""""~_" ~v '---- , j .' 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 t'jllil'o < , : ALL THAT CERTAIN lot or piece of ground situate Hopewell Township, Cumberland County, Pennsylvania, described as follows: and lying in bounded and BEGINNING at a railroad spike set in the centerline of Pennsylvania Route 6~1, at corner of lands now or formerly of Clifford W, Swope and Gene W., Swope; thence by said centerline of said road, south 78 degrees 00 minutes 48 seconds west 194.91 feet to a railroad spike at cornet of lands now or formerly of Clifford Swope et ux; thence by said lands of Swope, north 12 degrees 06 minutes 00 seconds west 215.76 feet to an iron pin at line of lands now or formerly of P. CUlbertson; thence by lands of Culbertson, north 67 degrees 58 minutes 00 seconds east 230.06 feet to a concrete monument at corner of lands now or formerly of Clifford Swope et ux; thence by said lands of Swope, south 05 degrees 02 minutes 08 seconds east 257.79 feet to a railroad spike set in the center of PA Route 641, the place of beginning; CONTAIN- ING 1.1337 acres and being Lot No.2 on a Subdivision plan of Clifford W, Swope and Gene W. Swope, said Pla~ being recorded in the office of Recorder of Deeds of Cum- berland County, Pennsylvania, in plan Book 56, Page 70. HAVING A DWELLING ERECTED THEREON KNOWN AS 337 Newburg Road, Newburg, PA. BEING THE SAME PREMISES WHICH Terry L. Swope and Edna M. Swope by deed dated 3/19/93 and recorded in Deedbook E-36, Page 714 granted and conveyed unto Freda M. Wing and Floyd O. Wing, Jr. TO BE SOLD AS THE PROPERTY OF FREDA M. WING AND FLOYD O. WING, JR. ON JUDGMENT NO. 2000 07890. PARCEL: 11-08-0603-070 ,,~~ , # . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-7890 CIVIL 1jp{ TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt. interest and costs due Haneside Lending, Inc. PLAINTIFF(S) from Freda M. Wing and Floyd O. Wing, Jr., 380 B State Rt. 70, Arkport, NY 14807 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Lsoal Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: , and to notny the garnishee(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 detendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) "property Of the defendant(s) not levied upon an subjecllo attachment is found inthe possession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $90,787.01 at $16.48 per diem to sale date Interest $6,097.60 Atty'S Comm % Atty Paid $595.69 Plaintiff Paid LL Due Prothy $1. 00 other Costs Late charges at $26.40 per month to sale date $290.40 - Escrow Deficit $2,000. Date: September 12, 2001 Curtis R. Long Prothonotary, Civil Division -bjI' AO/>1 1) P. 7p07~.r- Depul}' REQUESTING PARTY: Lson P. Haller, Esq 1719 North Front Street HarriSburg, PA 17102 Attorney for: Plaintiff Telephone: 717-234-4178 Supreme Court 10 No, 15700 Name Address: ''!>~f~,..".,.. . .~ A,q ,- .~<< , . REAL ESTATE SALE No. L/q . On September 18, 2001, the sherifflevied upon the defendant's interest in the real property situated in Hopewell Township, Cumberland County, PA, known and numbered as 337 Newburg Road, Newburg, and more fully described on Exhibit "A" filed with this writ and by Date: September 18, 2001 By: qCJ eLl{-.SrvLt.Jl Real Estate Deputy ~ c:u:i) CV\l c::;:::J GV Wi! this reference incorporated herein. ~', \ '1 ~\ c\ . ~ -1 \ '~ ' I' ,J " \ r) \! ! 'I, ,'" '. r' I;;' '.',.'- '-, \~. \,,~ lS m t\ .BS ,',,\(\'J 'l.',..., , ;,,;,';\30 ,,\,,; (".-\ 1 j3\\'I:;\! i, ;~ Iii ......... ~~~____.....,.....-~_<..-..,"""""',~___'""'_"'-...-.'l"'lJiO!Ilfl;;;m~ni1\m-i""W"'1f,~H""'.,"""""'~~_.B'i'_"'-"~"jn1""""~,""'1'-1~""''''''''?''~~~I':Hi\f'F!tI~r;;''!!:'''m~ -ii ( , . " THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of IM 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. 23rd and 30th day(s) of October and the 6th day(s) of November 2001, That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of D?tUP in!' Miscellaneous Book "M", Volume 14, Page 317. PU BLlCA TION .no,.,.......,............ ..i.......\..,....,......,......,..............,......,..."........ COpy Sworn to and subscribed before me . 19th da~.No~ber2001 A.D. S ALE #49 Notanal Seal, ' Terry L. Russell, Notary Pu J /~, . -- :..?....-":Z Harrisburg. Dauphin County "" My CommissIon Expires June 6, 2002 NOT"'ARY PUBLIC Membe" Pennsylvania Association ot toMtrM/llmission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFRCE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PAc 17013 > f 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..............................,..................................... .. \ . REAl1:STATESAlE No.49 W,H No, 2000.7890 Civll Term HomesJde Lencfing,lnc. v. Pleda M. Wing and Floyd O. Wing, Jr. ...... Ally: Leon P. Haller . DESCRlPTION . Ap. THAT CERTAIN. lot or piece of ground srtllate and lying .I, Hopewell TownshIp, c:umberland County, h.dllsylvania, bounded and &:scrlbedasfoJlows; . '.~~.8S.GfNN1NG. at a ~rdaa snike -set in the :::":::'q$rei'lli1e' OI Pennsyhilnia ~ouie 641',,::U corner '. \'Qf)ands noW,.or'. fo:rnjeiJy prOifford"W. Swope: ;:.:a:nti Gene W. Swope; (benee by ~~;d cenrerl1nc of ',s;a1d road, south .1S ,feirces (ifJ miriUtes 4S . "S'econds west 194.91 feet to a milroad @jk~ at : :'.,:8'qrner of lands now or formerly of Oiffci,id :'~'%pe dux; thence by said lands ur:s~'tipe, '''iiliith 12 degreeii 06 minutes 00 se-ronm. west 215.76 feet to an iron pin at line or lands now or formerly of P. Cul\lert."<ln; thence by land.~ of Culbertson, north, 67 _ degrees 58 rmnules 00 sl'Conds east 230,06 feet to a concrete monument at comer of land~ now or rOITllerJv of Clifford S,,-ope et ux; thence by 51lid lands of S,hJpc, ~-- 30Uth 05 degrees 02 minutes 08 seconds east 25i.79'"feet to a railroad spike set in the C?l1ter of PA -Route ,641, the place._of BEGJ1\WNG; -COi\"TATNTNG 1.1337 acres andbeing Lot No, 2 on the Subdivi<;ian Plan of Cliffora W, S'\iope and Gene W. Swoope, said Plan being recorded in the ofike of Recorder of Deeds of Cumberland COurlty, Pennsylvlluia,'hl Plan Book 56, Page 70~ HAVING a dwelling erected thereon known as 337 Newburg Road, Ne~.bl1rg, PA. BEING the same premt ~ \i'hich Terry L. 5wOjJ'C imd Edna M, Swope by-dee.d dated 3/19/93 and recorded in Deed book E-36, Page 714 granted and conveyed unto Freda M. Wing and Floyd O. WJl1g,Jr, TO BE. SOLD as the property of Freda M. Wrng and F10yd O. Wing, Jr. on Judgment No. 2000 07890, PARCEL: 11.08-0603-070, ) " PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYL VANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2,1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2,1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 12, 19,26,2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~ Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER. 2001 ~~2~ir- ~-:;,t//A/ NOTARIAl ".1'.1. !. LOIS E. SNYDER, Nola.-! Public ;'1. . CaIlisle Bolo, Cumlllliiaoo Co<.ll1!y " : My Cammissioo ExpiIGs March!!. 2005 . REAL ESTATE SALE NO. 49 Writ No, 2000-7890 Clv1l Homeside Lending, Inc. vs. Freda M. Wing and Floyd O. Wing, Jr, Atty.: Leon P. Haller ALL TIlAT CERTAIN lot or piece i of ground situate and Iylng 1n Hope- ' well Township. Cumberland County, Pennsylvania. bounded and de- scribed as follows: BEGINNING at a railroad splke set 111 the centerline of Pennsylva- nia Route 641, at comer of lands now or formerly of CUfford W. Swope and Gene W. Swope: thence by said centerline of said road. south 78 'degrees 00 minutes 48 seconds west 194.91 feet to a raflroad spike at corner of lands- now or formerly__, of Clifford Swope et ux; thence by said lands of Swope, north 12 de- grees 06 minutes 00 seconds west 215.76 feet to an Iron pin at !lne of lands now or formerly of P. Culbertson; thence by lands of Culbertson. north 67 degrees 58 minutes 00 seconds east 230.06 feet to a concrete monument at cor- ner of lands now or formerly of Clifford Swope et ux; thence by said lands of Swope. south 05 degrees I 02 minutes 08 seconds east 257,79 feet to a ra.i1road spike set in the center of PA Route 641. the place of beglnnlng: CONTAINING 1.1337 acres and being Lot No.2 on a Sub- diVision Plan of Clifford W, Swope and Gene W. Swope. said Plan be- ing recorded in the office of Re- - corder of -Deeds of Cumberland County. Pennsylvania, 111 Plan Book 56, Page 70. HAVING A DWELLING ERECT- ED THEREON KNOWN AS 337 New- burg Road, Newburg, PA. BEING THE SAME PREMISES WHICH Terry L. Swope and Edna M, Swope by deed dated 3/19/93 and recorded in Deedbook E-36. Page 714 granted and conveyed unto Freda M. Wing and Floyd 0, Wing, Jr. TO BE SOLD AS THE PROP- , ERTY OF FREDA M. WING AND FLOYD 0, WING. JR. ON JUDG. MENT NO, 2000 07890, ' PARCEL: 11-08-0603-070. , SCHEDULE OF DISTRIBUTION SALE #49 Writ No. 2000-7890 Civil Term Homeside Lending, Inc. VS Freda M. Wing and Floyd O. Wing, Jr. 337 Newburg Road Newburg, P A 17240 Sale Date: Buyer: Bid Price: Real Debt: Interest: Writ Costs: Late Charges: Escrow Deficit: Total DISTRIBUTION Amount Collected: Legal Search: Sheriffs Costs: So Answers: December 5, 2001 The Secretary of Veterans Affairs of Washington, D.C., his successors and/or assigns $60,000.00 $90,787.01 6,097.60 595.69 290.40 2,000.00 $99,770.70 $2,243,96 200.00 2,043.96 ?,"~~.~~./L-J R. Thomas Kline, Sheriff ~~1\!t.,_, ";,, .,. ,<