The URL can be used to link to this page

Home My WebLink About00-08686 , . HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. D6 - J't.J'b CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE DEEDE L. DY ARMAN AND WILLIAM C. DY ARMAN 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 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 COlllplaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to YOll. YOU SHOULD TAKE THIS POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT RAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FINP OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE,PA 17013-3387 717-249-3166 AVISO LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VlSO. 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 PROSEGUlR CON EL PROCESO SIN SU P ARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVlSIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DlNERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVlCE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVlCE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 . -, ,J ',: ",..-_. -~ 1- -,:. ,'-,le-' '"'." , "', "~': HOMESIDE LENDING, INC. sueCESSOR BY MERGER TO BANePLUS MORTGAGE eORP., Plaintiff : IN THE COURT OF COMMON PLEAS eUMBERLAND COUNTY, PENNSYL V ANlA vs. CNIL AeTION LAW ACTION OF MORTGAGE FORECLOSURE DEEDE 1.. DY ARMAN AND WILLIAM C. DY ARMAN, 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 urtdersigned 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 I.D.# 15700 Attorney for Plaintiff ,',-- . ""-, ",:, ,- "1'-'--' ,;, ,-'. '.;c,' ;,"j"," '...t.;-"'-- ','I " ~' , -,', ",- """"I HOMESIDE LENDING, INC. suceESSOR BY MERGER TO BANCPLUS MORTGAGE CORP., Plaintiff : IN THE eOURT OF eOMMON PLEAS : eUMBERLAND COUNTY, PENNSYLVANIA : eNIL AeTION - LAW vs. DEEDE 1.. DY ARMAN AND WILLIAM C. DY ARMAN, : ACTION OF MORTGAGE FORECLOSURE f>b- .Pie\"{" ~ J ~ Defendants eOMPLAlNT IN MORTGAGE FOREeLOSURE 1. Plaintiff, HOMESIDE LENDING, INC. SUeCESSOR BY MERGER TO BANCPLUS MORTGAGE eORP., is a Corporation, with an address of8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. 2. Defendant, DEEDE 1.. DY ARMAN, is an adult individual, whose last known address is 8 CEDAR STREET, NEWVILLE, PENNSYLVANIA 17241. Defendant, WILLIAM C. DYARMAN, is an adult individual, whose last known address is 8 CEDAR STREET, NEWVILLE, PENNSYLVANIA 17241. 3. On or about, March 31, 1995 the said Defendants executed and delivered a Mortgage Note in the sum of $80,000.00 payable to BANCPLUS MORTGAGE CORP., which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution ofthe aforesaid Mortgage Note, in order to secure payment ofthe same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office ofthe within County and Commonwealth in Mortgage Book 1257, Page 503 conveying to original Mortgagee the subject premises. HOMESIDE LENDING, INC. is the successor by merger to BANCPLUS MORTGAGE CORP. The Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 8 CEDAR STREET, NEWVILLE, PENNSYLVANIA 17241 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners ofthe property. "I, '.0..,; =' ,~O" '. -;;;,-... ".ij_, "~ '_ ,,_ _';.""~ _ '._'. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the instalhnent due on April I, 2000 and all subsequent instalhnents thereon, and the following amounts are due on the Mortgage: UNPAID PRlNCIP AL BALANCE $77,054.93 Interest at $20.05 per day From 03/01/2000 To 01/01/2001 (based on contract rate of 9.500%) Accumulated Late Charges $6,135.30 $238.08 Late eharges at $29.76 Per month for 10 IIlonths $297.60 Escrow Deficit $314.74 Attorney's Fee at 5% of Principal Balance $3,852.75 $87,993.40 **Together with interest at the per diem rate noted above after January 1,2001 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 Peunsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgement 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 AmIed Forces ofthe 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. The within Mortgage is insured by the Federal Housing Administration under Title II ofthe National Housing Act and, as such, is not subjectto the provisions of the Pennsylvania Act No. 91 of 1983. -.1.. v. ,-- -,~-;_ , /-'->.1_' r~'" " . -t.' _'~"_"_' ~."~-"'-<';,;~"'-, ':.- ". ' . "' WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 9.500% ($20.05 per diem), together with other charges and the property within described. costs including escrow advances incidental thereto to the date of Sheriff s Sale and for foreclosure and sale of BY~ ,/' PU L UG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff LD. # 15700 1719 N. Front Street Harrisburg, P A 171 02 (717-234-4178) "I'. "~ ,,-- " ~ "~ , " " -Ll ""-" ~ .' i. ....... " ,"-' Cl:!/)T~~r.\'\ 'V~ ,"". . L~..,"J ~~\&JI It \\.1 ~;:: MA~C~~0tl lDatol _8 CEDAR ST. . NEWVilLE. PA.,7241 IPropnrty Add,ess' ~AN /I: 10848872 'll i NOTE . CAMP HILL ICity) . PENNSYLVANIA . (Stale) I. BuRROWER'S PROMISE TO PAY In return for a.loan ihat I have receivod, I promise to pay'u.s. $~O 00---- (thIs amo\U\t, is called, .princip,al;, plus, interest. to the order of 1I1e lender.. 8 (snder is pA"f.rLUS MORTG~snRP . . . . . ,l,In ersUno that the Len or may transfer this Note. The Lender or - anyone who 1*es tI1is Nate by transfer and who Is entitled to. receIve payments under this _ Not8' ,. caUed 111& :rJoteHoidtfr.. .. . . .... . 2. INTEREST. Interest.will be charged on unpaid. principal. until 1he fuil amour'lt of principal, has been p,ld. I will pay Inlo,e.1 al , yearly ",. of a,.~OO----l\. _ . 'The lI)terest rate required ~ this Section 2 IS the rate I will pay both before and after any dofautt described In Sootion 6IB) of thi, Nolo. . 3. pAYMENTS . (A) . Time and Place of Paymen~ ' ' I will. pay. p,lnolpal and Int...... by, making paymonts every montit , wUl ,make niy monthly payments .on .the 1ST .. day 91 each. month beginning on ~~Of t 1995 ., will make 'these payments .&vBty month 'until J have paid all principal and int~rest and any other charg!!s. descr4bed below that. I ~V owe u.nder this . Nota My monthly p.ymonts will be. appUod to. Intnrosl beforo prlnclp.L If; on APRIL 01 , 2025. , I still- owe amounts under this NOt8~. ,. will pay those amounts In fUll on that date, w1irc1ili cal18~ the "maturity pate: I wiU make my monthly paymonts 8t 5601 MCAllISTER FREEWAY. . SAN A1[HNIO. T~ 78r . .. . or, at a I erent _p ace i required by the Note Holder. (BI A.mount of ",onlhly Peyments . My monthly payment wUI b. in 1I1e omount of us. ~Q"72.69-----. . .. . ,. . 4. .80RROWERoS RIGHr TO PREPAY . . . I have 1he right to make' payments. of pri.nc;pal 8t aliy time i;)efore 1hey ire due. A paymnnl of principal .only is. knolMl .s . 'propayment' V\o;um I make . propaymiml. I wllJ loll tho Noto. Ho.ldor In writing that I am doing so. .. . . I may Inake . full p'opayment or partial p,epay/nant. withoulpaying any prop>ymonl charge._ The Note Holder will u~ all. of my prepaytnBllts '0. reduce the amourt .of principal that, owe U11dor.thie.Nolo. If 'Il'.ako.. partial prspaymont .th..... w", bo no chan9.os in: tho due date. or in the amount of my. monthly payment unless the No1e Holder agrees In writing to those changes. . . 6. I.OAN CHARGES . . . If. a hiw" which applies. to ~is loan and whIch sets maximum loan charges. Is finally , interpreted so that the interest or other loan charges co!leeted or to be c~lIected in connection with this !'Jan ,ex~ead the perMitted ifmits. then: (f)- any such _1oB!1 charge shaK be reduced by the amG~Jnt nec'ot$$arr to f. ,.JCe the charge 10 the permitted limit and nil any SUn'I.~ already collected from m~ which exceeded permitted limits will be refunded to m.s. MULTISTATE FIXED RATE NOTE- 5inglo Family "FNMA/FHLMC UNIFORM INSTRUMENT Form.3200 12/83 LS03 06/94 pago 1 of 3 ....:---" '- ." \:::'Xh i '0 it "A L~ .-- _i ~-^.~ .. " 1'- I' j t .'4,. I .\ ! ! i ! j Ii II \l tl I t I I I } j I' i ! ., I! 'p 1'1 , , '1'# ii:. -~.': " 'j* !, I i I -\ " ~'"" ~ -. The Note Holder may chOO$8 'to ~e' thi$ rS,fund by reducing the principal J owe unchir this Note or by making a direct payment to me. If a refund reduces principal, the reduction' will be treated as '" partial prepayment - 6. BORROWER'S FAILURE TO PAY AS REQUIRED' (A) Late Charge for. Overdue P"yments . , If the No~e Heidel" has not racalved' the full amount of any monthly payment by the end of ~ I FT{f.F.N calendar days atw the date It is due, I will pay 2 late charge to the Note Hel sr. e amouNt of the tharg8 wlll be. POUR' . per.elo"ltum (4 nn...........%) of my overdus payment f?f principal and interest J WllJ pay thjs late charge. promptly but only once on each late payment . . lBl D.fault' . If I do not pay the fuU imount of ".~lch monthly' payment, on the date it is due. I will -be in default . IC) . Notice of Dotault .' , . If 1 am"1n default, the Note Holder may send me a written. notice telling me that if 1 do not pay the overdue emocm by a certain date, the Nota HoldS( may require me to pay immediatelv the fun amoullt of, princlpal.which has not been paid and all the interest that I owe on 1hat amount. That date must be at. least 30 days after the date 011 which the notice Is dellve.:ed or mailed to me. "- . . lDl No" Waiver By NOla Holdor . . . Even If, 8t a time when I am.ln default the. Note Haidet does not' require me to paV immediately Tn full.as described abovs, the Note Holder will dill have the rigJ:lt to do so If I am In dafault at a later. timo. . . '., (E) Payment of Note Holder's Costa 8nri Expenses' " If the Nota Holdnr has required me to pay immodiataly in fuR os doscribo.d above. the N~ta H~lder' will heva th. right. to ba paid bac~ bV mo for all of 110 costs and oxpenses, In onfOrclng lhIs Note to Ihe extent /IOt"prohibltod by spplieablo law. Thoae oxponse. include. for example. reasonable 'attorneys' fees. , . , 7, GIVING OF I;OTICes ". ." . . . Unle.! applicable law requires a different method, any notlce'that must be _given to me under ~is, Note will be given bV delivering it or by mailing It. by first -class mail to me at the Property Address above or at a _ different, address If 1 give the Note Holder a notice of my different address.' " . . ""-'V notice thSt must be given to' the Note Holdel" under. this Note whl be given by mailing' it by ffrst class mail to the Note Holder, at the address stated In Sectlon 3(A) above: or at a different addres~ if ~ .am gl~en a notice of ~t different addl"e~s. a. 08LlGATIONS OF PERSONS UNDER THIS NOTE . .'. If 'more. than one' person signs this, Note. each parso,n Is' fully and persqnally obligated to keep an ~f the promisee made in this Note. Including the promise to pay the full amount owed: My person wI:1o Is a guarantor, surety or" endorser. of. this NO,te Is al~ obAga,ted to do these things. ,Any person who takes oVer'these obligations,' including the obKgatfons of a guarantor, surety or endorser of this Note. is also obligated to :~eep all of .:~he pl:'omls.es made in this Note. The Note Holder .may enforce itS rights unde, this Note agamst GOch , person IndMdually or against, all of us together. This means that MY' one" of us may be required to pay all of the '8mOU1ts owed under this Note. . 9. WAIVERS ; I and any other person who has obligations under this Note waive th, rights. of presentment and notice' of CfishOnor. ~Presentment" means the right to require the Nott~ Holdei' to "demand Plilyment of amounts due. "Notice of dishonor" means U'le right to "_require the Note Holder to give, notice to othel" persons that amounts due haye not been pard 10. UNIFORM SECURED NOTE '.This Note Is a uniform instrument with. limited variations in soma jurisdictions. In addition to the protections given to the Note Holder under this Note.. a Mortgage., Oee~ of 'LS03 06/94 Pago 2 of 3 Form 3200 1:2/83 =- . ,Ij. ;,j ~ '"" '," ," ~"~ ", . '.I~~~---"\' , -:'j, '/ ," ~ . 'I"; - f' 'II . 'I \ : . , 11 '1: P "1 I <,' t i I , j j , , \1 L ,,',Ii '., . ....'1 II 1! ,i1 'Ii I! \ 1 j , i " "-','\ "",,r- Trust or Security Deo:I (010. 'Sec:urity lnslrument"l. dawd the some date as thls Not., protnets the. Note Holder from possible los... which might roSUlt If I do not keep the promises which I ~ in this Nota That SecurIty Instrument dsscribGS hOw and under what conditions I may be required to make immediate payment in full of all amounts I owe under thIs Note. Some of those conditions are described as folloW.&: Transfer' ot the Property or . Beneflcf.,. IntI rest ,In Borrower. If, aU or any part of the Property or My Interest fn it is, sord or 'transferred (or if a beneficial Interest 'n Borrower is sold or transferred and Borrower is not a' natural person) without Lender'S prior written consent; Lender. may, ~, its option, (equire immediate payment In full of all 'sums secured by this Security Instrument. However, thts optton shan not be exercrsed by' Lender If exercise Is prohibited by federal law. as of the date of this Security Instrument If Lender exercises :thls option.. lender shall give BOlTower notice of acceleration. The notice shall' provide a period of not less than 30' days from the date the not,lce Is delivered or mailed within which Sorrower must" pay all sums secured by this. SsclTity Instn.Jmsnt If Borrower fails to pay these sums, prior to the e>cpiration of '!his period, Lender may Invoke any remedies permitted by this Security lnstrl:lfn:ent without. further notice or demand on Sorrower. . WITNESS THE HAND!$) AND SEAlISI OF THE UNDERSIGNED. Borrower(st . J:&r2~"B D~iilriAfl ""'~'^ Witness(osk ~~ a--. ~'Li1v~Rtt.N 7\ 'if ~A ^,- W'tn I' ';P-,.,k \}h. , . I e~~~ IJ ISeal) (500') (5001) Witness{ss); (SA~I\ Witnesstes):- MAILING ADDRESS: 8 CEDAR ST, NEWVlUE. PA 17241 ISlgn Original Onlyl L803W 03/94 Pog,; 3 of 3 Form 3200 12/83 . ", ,1,"- "'-L'i , ~ ~,'~ ALL THAT CERTAIN tract of land situate in the South Ward of the Borough of Newville, County of Cumberland and state of Pennsylvania, more fully described as follows: BEGINNING at an iron pin at the southeast corner of the intersection of Railroad street and Cedar street; thence eastwardly along said cedar street, and continuing-along lands now or formerly of Raymond Heckman, Jr., South 73 degrees 15 minutes East, 213.00 feet to a point in Big Spring creek; thence up said Creek, South 38 degrees 10 minutes 59 seconds west, 103.99 feet to a point in said Creek; thence along lands now or formerly of John D. Hollenbaugh, North 73 degrees 15 minut~s West, 175.00 feet to an iron pin at line of Railroad street; thence along same, North 16 degrees 45 minutes East, 96.80 feet to an iron pin, the point and place of BEGINNING. 1~~ . i'Ooi1257 mE 511 E ~Yv\~i11'6I) u ,^,~-~,,< ~~,'~" .'" ,_ii,'", ,.--~<-~ >.' ,].~...-;,~,,-,,~; "-, , -, ,'-~i-\~;I . " VERIFICATION I, Leon P. Baller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff, HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP. said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: December 18, 2000 Leon P. Haller, Esquire -'~,- ~ - SHERIFF'S RETURN - REGULAR ~~ At CASE NO: 2000-08686 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMES IDE LENDING INC VS DYARMAN DEEDE L ET AL WILLIAM DIEHL I: ~k " . ',.,' "~"~" , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE DYARMAN DEEDE L was served upon the DEFENDANT , at 0019:00 HOURS, on the 29th day of December, 2000 at 8 CEDAR ST NEWVILLE, PA 17241 by handing to DEEDE L. DYARMAN a true and attested copy of COMPLAINT - MORT FORE NOITCE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.44 .00 10.00 .00 35.44 Sworn and Subscribed to before me this I(J & day of ~"~I AD a ~j}h-'/~' pr tlionotary So Answers: ~~~t R. Thomas Kline 01/04/2001 PURCELL, KRUG :]l~~j By: "~ ~... IJ " . ,~ .' ~ "IilI'J .'w . SHERIFF'S RETURN - REGULAR CASE NO: 2000-08686 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMES IDE LENDING INC VS DYARMAN DEEDE L ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DYARMAN WILLIAM C the DEFENDANT , at 0012:22 HOURS, on the 3rd day of January , 2001 at 28 BIG SPRING TERRACE LOT 28 NEWVILLE, PA 17241 by handing to WENDY MCNAUGHTON (FIANCE) a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 7.44 .00 10.00 .00 23.44 ~~~-t:~t R. Thomas Kline 01/04/2001 PURCELL, KRUG & HALLER Sworn and Subscribed to before me this JOe day of ~"Ml ~I A.D. g;!;~h~O~' ~ By: 9.1I~~ ~ e ty Sheriff ,~,.,j"" - u", ", , 1.\ ''-'-'~~~~;, , HOMESIDE LENDING, INC., SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP., IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. DEEDE L. DYARMAN AND WILLIAM C. DYARMAN, NO. 00 8686 DEFENDANTS IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants DEEDE L, DYARMAN AND WILLIAM C, DYARMAN 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 $20.05 from 3/1/00 to 1/1/01) Accumulated late charges Late charges ($29.76 per month to 1/01) Escrow Deficit 5% Attorney's Commission $77,054.93 $ 6,135.30 $ 238.08 $ 297.60 $ 314.74 $ 3.852.75 TOTAL $87,993,40** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, By Leon P. al er PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ~_~J L' _''-n_'''j . ~, /+ HOMESIDE LENDING, INC., SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP., IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VB. DEEDE L. DYARMAN AND WILLIAM C. DYARMAN, NO. 00 8686 DEFENDANTS IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA, R,C,P, 237,1 I hereby certify that on FEBRUARY 21, 2001 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached ~otice. BY~ Leon P. Haller .D. #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 '-'=~$.' W - ,"=. -=,_- . j_l, .' ."", ~{ ,'L-',. " T';:! .. . . HOMESIDE LENDING, INe. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiff : NO. 00-8686 VS. DEEDE DY ARMAN AND WILLIAM e. DYARMAN : CIVIL ACTION LAW : IN MORTGAGE FORECLOSURE Defendants DATE OF THIS NOTICE: February 21, 2001 TO: DEEDE DY ARMAN 8 CEDAR STREET NEWVILLE, P A 17241-1604 WILLIAM e. DY ARMAN 28 BIG SPRING TERRACE NEWVILLE, P A 17241 TIDS LAW FIRM IS A DEBT eOLLECTOR AND WE ARE ATTEMPTING TO COLLEeT A DEBT OWED TO OPR CLIENT, ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE~URl>,pSE OF COLLEeTING 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 lIEARING 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, P A 17013 717-249-3166 By LEON P. HALLER, A orney for Plaintiff ID. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 PURCELL, KRUG ~ti!~<ij~l&Il!l!!W8!:1!J;i11\;~~,,,iio€!;~~ililH,~..g;,n""""'WM,,,id,i"I,-':,b',i',J"h'-"~~-f";,gA~tiiii~!f.l1->'~- ~I~;""--';~-'."~"-"~~'''' ..=='~ ". 'I , '. '-. ~ P <l.. 0 co () "P rs ..Q c I'" " }t:. :S:~ ." l g -rJr:;:: [Tl nlr-~ , CD Z:-T ..~ ~?~': I 1:2 r ........ (J~ "r- }.J -',-, C'l -U ~C 'j".<' ;~ .... KJ ~E3 --.:~ (~~ ~~ IN r _...~ 3 -0 '1 C) c > --.J -... Z -t'.) ::; :;:) lV" 1 " \.0 -< ~ r r-- ~",'~=~ _,~ ~"',~""~'""""~'" ,,",,__,,,,_",,^~.J,_., .",. ,~",-- ,~ ,~- - ~- H ,-. " "";" ~N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 00 8686 HOMES IDE LENDING, INC., SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP., PLAINTIFF VS. DEEDE L. DYARMAN AND WILLIAM C. DYARMAN, DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT $ 87,993,40 Interest at $20.05 per diem to sale date $ 10,426,00 Late charges at $29.76 per month to sale date $ 505,92 Escrow Deficit $ 2,000,00 TOTAL $100,925,32* *SALE DATE: WEDS"JUNE 5, 2002 (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 Date: January 31, 2002 Attorney for plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 in the above captioned case. ~ PA I.D. #15700 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS 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 8 CEDAR STREET, NEWVILLE, PA 17241-1604, Date: CIVIL DIVISION PROTHONOTARY/CLERK BY DEPUTY " ~ ~ . 1,) ,'[ . , "_. l, ,'--- :, '! . ALL THAT CERTAIN tract of land situate in the South Ward of the Borough of Newville, County of Cumberland and State of Pennsylvania, more fully described as follows: BEGINNING at an iron pin at the southeast corner of the intersection of Railroad Street and Cedar Street; thence eastwardly along.said Cedar Street, and continuing along lands now or .formerly of Raymond Heckman, Jr" South 73 degrees 15 minutes East, 213.00 feet to a point in Big Spring Creek; thence up said Creek, South 38 degrees 10 minutes 59 seconds West, i03,99 feet to a point in said Creek; thence along lands now or formerly of John 0, Hollenbaugh, North 73 degrees 15 minutes west, 175,00 feet to an iron pin at line of Railroad Street; thence along same, North 16 degrees 45 .minutes East, 96,80 feet to an iron pin, the point and place of BEGINNING, HAVING THEREON ERECTED A DWELLING KNOWN AS 8 CEDAR STREET, NEWVILLE, PENNSYLVANIA 1 7241. . BEING THE SAME PREMISES WHICH William C. Dyarma.n and Deede L. Dyarman by deed dated 8/23/00 and recorded 9/8/00 In Deed Book 228 Page 977 granted and conveyed unto Deede L. Dyarman. TO BE SOLD AS THE PROPERTY OF DEEDE L. DYARMAN ON JUDGMENT NO. 00 8686. ASSESSMENT: 28-21-0359-024 ~~~lK,",~~ ~"--~illl.li~~~~ ~~~jHt'J~iWi'im~~,-,;;~\!\Bk' .. --.'''j''"'''' '. ,~-, !ii.iti$~bdlJ , ~-,.;.,."<-, -~..1. ~ ~,~ (:) ..... ...... ""fQ.. f(t "'<l \1.J ~~ ~ -c... 0 ..... ~ ~ -()~. Crt ~ ~ 0 ~ '180,.2: < 8 ........ <:: D '\<. C' 0~ <- Jl) I I -- ~ I I I fj..J t:-05J r~ -..0 ~ ~ , , ........ , , , , , , , , ~~ .... , """ .... ..... <iT' C) <:;; "",;" ;gEG ~fT ZCo 0) ,.';;> ~;S.: ~I..- ~O ""- . i'{~ z =~ 'h",':,,,,-,'~,,;J,", ",.,,,-,<<<,,,,,.,,,, ~,," ~," h"_-' ,~_ ~__",_ ~_, ."..',", ," , "". " " -~ ... -' ~ -';;, C.2J i"",} C) "-n -" f"q CD i"" iT~ -'.;} ! (/'j '"1-- :i: 5 ,:;-d'~~ ~c" --:c-~ r"rl u =;::! S =< tv '0 ,I' ~J ,~ .-,,_i ,1;- " }'" ~ ,);;- " HOMES IDE LENDING, INC., SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP., IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. DEEDE L. DYARMAN AND WILLIAM C. DYARMAN, NO. 00 8686 DEFENDANTS IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P,R,C,P, 3129,1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 8 CEDAR STREET, NEWVILLE, PA 17241: 1. Name and address of the Owner(s) or Reputed Owner(s) : Deede L. Dyarman 8 Cedar Street Newville, PA 17241-1604 2. Name and address of Defendant (s) in the Judgment, if different from that listed in (1) above: William C. Dyarman 28 Big Spring Terrace Newville, PA 17241 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) : 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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 -~ . . JI " ..l -1- -'<i<.~~" . may be affected by the sale: TENANTS IF ANY... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject cO ehe penaleie" of " PA C.,. 'eoeio. "0' rel~ cO uneworn faleifio.eion cO aoehorieie". ~ Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: J~nuary 31, 2002 ~~~'"- '-~""~~!~~~$~~,;_jfuH.j;iig;;;i"",;,",,.",i_>,l;'j/-Jiii12!tWii!!Mi~lr rill" >' , ~, ~li!iiIt~liId!iiHi!~ ~ 'fjiifjTf 1lt..--- ~li!riiI'J . '. n c::) (~1 c: ", .~ --II -0 -" CC !"Tl nl r'~" Z ;i:' ;:.a - :z: ,~ I "l"l (f) 0'-", (]" l:::J -< ..:':. I r:: c' - C) >: """ c 1', zQ ""!" , ~-: :D ::;;:~"Cl () ....;;,.c: 0 (,j rn :---::: c--i ", 1> =2 '0 ~ ,,'i;j , HOMESIDE LENDING, INC., SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP., IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. DEEDE L. DYARMAN AND WILLIAM C. DYARMAN, NO. 00 8686 DEFENDANTS IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PE~SYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, JUNE 5, 2002 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: 8 CEDAR S'l:'REET NEWVILLE CUMBERLANtl COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 00 8686 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: DEEDE L. DYARMAN - REAL OWNER , 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. I'l:' 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 ill.... c - ~ - ~~ , I' ""'--'-' , petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ,"~_. IJ ., -~~ ALL THAT CERTAIN tract of land situate in the South Ward of the Borough of Newville, County of Cumberland and state of Pennsylvania, more fully described as follows: BEGINNING at an iron pin at the southeast corner of the intersection of Railroad street and Cedar street; thence eastwardly along said Cedar street, and continuing along lands now or formerly of Raymond Heckman, Jr., South 73 degrees 15 minutes East, 213.00 feet to a point in Big Spring Creek; thence up said Creek, South 38 degrees 10 minutes 59 seconds West, 103.99 feet to a point in said Creek; thence along lands now or formerly of John D. Hollenbaugh,. North 73 degrees 15 minutes We.st, 175.00 feet to an iron pin at line of Railroad street; thence along same, North 16 degrees 45 minutes East, 96.80 feet to an iron pin, the point and place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 8 CEDAR STREET, NEWVILLE, PENNSYLVANIA 17241. BEING THE SAME PREMISES WHICH William C. Dyarman and Deede L. Dyarman by deed dated 8/23/00 and recorded 9/8/00 in Deed Book 228 Page 977 granted and conveyed unto Deede L. Dyarman. TO BE SOLD AS THE PROPERTY OF DEEDEL. DYARMAN ON JUDGMENT NO. 00 8686. ASSESSMENT: 28-21-0359-024 ~~'*,.',"!l;liiim!l~j~~1<;\JiI;Wi~,"~~;~:&MI>:"'~1al~~tiiIili'~],Blnj&"'..u.i.o'r-""'8H~,j,';,iIit >''''",,~' tiC '" ~,'To "'_',' ,'< .~_,_. ,,~~"" ~ "~,.,"_". . C'-" '0_ '_;.' ,~. u .A-,>__ 0 C) ~.;; f" " :'':''.- l' H' -oC_~ rq r..,.--;p"; U:'.l "Oil :;--("-- 7 I ". 01 0'; , -< ~C_.: 2:; PC, --';~ ) Z{""'-J 9 (j Pc Z !'..) ~ :< :D 'D -< ~ '".~" ^-- ,,<. ..k. ". ..... " " c '" ~' , ~ "'it: HOMESIDE LENDING, INC., SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP., IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. DEEDE L. DYARMAN AND WILLIAM C. DYARMAN, NO. 00 8686 DEFENDANTS IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I hav.e deposited in the U.S. Mails at Harrisburg, Pennsylvania on 4-07_-07 ,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: Deede L. Dya~man 8 Cedar Street Newville, PA 17241-1604 William C. Dyarman 28 Big Spring Terrace Newville, PA 17241 Domestic Rel~tions Office Cumberland county Courthouse Hanover & High Streets Carlisle, PA 17013 Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 By PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 l.b .-t.. , ~ j.. " "" - ' .~, = lli '"rj . JOI-IN W. PURCELL HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR BRIAN J. TYLER JILL M. WINEKA LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234-1206 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD (717) 533-3836 NOTICE TO: Deede L. Dyarman 8 Cedar Street Newville, PA 17241-1604 Willi~ c. Dya~an 28 Big Spring Terrace Newville, PA 17241 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real e9tate 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 Pl~intiff named herein the said real estate will be exposed to public 9ale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien real estate will be divested by the sale opportunity to protect your interest, if said Sheriff's Sale. By: you hold against the said and tha you have an being notified of Leon P. Haller PA I.D.15700 Attorney for Plaintiff .- ll.. HOMESIDE LENDING, INC., SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP., IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. DEEDE L. DYARMAN AND WILLIAM C. DYARMAN, NO. 00 8686 DEFENDANTS IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, JUNE 5, 2002 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: 8 CEDAR STREET NEWVILLE CUMBERLAND COUNTY PE~SYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 00 8686 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: DEEDE L. DYARMAN - REAL OWNER t. . ~-, .-'" 'j , , I j! " " , ,.,,~'.-, '. '-<," "0': 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 J<J , [ ~, I " ,~ J t ^ ,"", i petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ,-=.~~"~ l~_ ". J<. " ALL THAT CERTAIN tract of land situate in the South Ward of the Borough of Newville, County of Cumberland and state of Pennsylvania, more fully described as follows: BEGINNING at an iron pin at the southeast corner of the intersection of Railroad Street and Cedar Stre~t; thence eastwardly along.said Cedar Street, and continuing along lands now or formerly of Raymond Heckman, Jr., South 73 degrees 15 minutes East, 213.00 feet to a point in Big Spring Creek; thence up said Creek, South 38 degrees 10 minutes 59 seconds West, 103.99 feet to a point in said Creek; thence along lands now or formerly of John D. HOllenbaugh,North 73 degrees 15 minutes West, 175.00 feet to an iron pin at line of Railroad street; thence along same, North 16 degrees 45 minutes East, 96.80 feet to an iron pin, the point and place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 8 CEDAR STREET, NEWVILLE, PENNSYLVANIA 17241. BEING THE SAME PREMISES WHICH William C. Dyarman and Deede L. Dyarman by deed dated 8/23/00 and recorded 9/8/00 in Deed Book 228 Page 977 granted and conveyed unto Deede L. Dyarman. TO BE SOLD AS THE PROPERTY OF DEEDE L. DYARMAN ON JUDGMENT NO. 00 8686. ASSESSMENT: 28-21-0359-024 = ~'--'- , . , idiillL'tilJR, , Re: Homeside v. Dyarman Cumberland Sale 6/5/02 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: DeedetDyarman 8 Cedar Street Newville, PA 17241-1604 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: William C. Dyarman 28 Big Spring Terrace Newville, PA 17241 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 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 j>!- ...J' " . , 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: Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 Postmark: 1.==-"-- ,". I . _~j.m1~~~tq;lM:I:~~\ililDr,Hf9j.'ii:tt0l~.ui"l...1~@'i'iw"'tm_i!,j'('U';;"<f-'t-~~~"'/"~!.!IDij*L;~;.Lr~ ",~ ~.. "~~W .~-~".. - -.. . ~.,' ~. . '" ~~m~tH~.- ~~ ~^'&..~2Lih~llJ ....... - , 0 C) 0 c~ f'J -, , ?:.: :J:: "~, -0 c::: , "!-=a> " 111 C! -,< p .,;" ") .~Q m 1.,. ,..., (~0 0) '-') ., ~~ :=j C) r~ 1'; """D _.:" --n ~~ (-) t"':::" ---:;.( ) ):-,>- () G) Om C ,....\ ~ ~ .~ -< "~~.~ ~ " , J STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ----------____________________________________________________________________Ilecorderof Deeds in and for said County and State do 'hereby certify that the Sheriff's Deed in which ___________n___ Homeside Lending Ine s/b/m Baneplus Mtg Corp ------------.--------------------"---------------------_____________________________ a thegrantec 5th the same having been sold to said grantee on the _______________________________________________ day of . 2002 June AD' d db' r . ...--...----------------------------------__ . .t I _____1 un er an y virtue 0 a wnt______________ Execution . 5th --------------------------------_ --______ _______ ISSued 011 the _____________ _____ ____ _______________ of February.. D 2002 . day ------------____~_________ A.., _____, out of the Court of Cornman Pleas of said County as of Civil 2000 ------------------------------.------------------ -----------------________________ Term, : ______ ~umbcr__~_~~~____.__,atthesuitof-~-~~~~j-1~-~!-~~~~~__~~~_!~~~~__~:~:2'_:~~_~~~_~_~::_________ . Deede L Dyarman & William C ---------------____________________agamst____________________________________________________ ~ 252 2818 duly recorded in Sheriff. Deed Book ~o. ____________, Page ____________. I~ TESTIMONY WHEIlEOF, I have hereunto set my Ird jd seal of said officc this __'i_~___ day of --NIJ~------ -----.p ~~- ---~~-- I ~oI ~==~ ~ """'""", - ,1,]< ',~ "L<,' < .''- Homeside Lending Inc., successor by Merger to Bancplus Mortgage Corp. VS Deede L. Dyannan and William C. Dyannan In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2000-8686 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, stat\lS that on February 19, 2002 at 8:35 o'clock pm, EST, he served a true copy ofthe within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Deede L. Dyannan, by making known unto Deede L. Dyannan personally, at 204 Ponderosa Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on February 19, 2002 at 9:10 o'clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: William Dyannan, by making known unto William Dyannan personally, at 28 Big Spring Terrace, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2002 at 9:42 o'clock A.M., E.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 Dee de L. Dyarman and William C. Dyannan located at 8 Cedar Street, Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Deede L. Dyannan, by regular mail to her last known address of 204 Pondersa Road, Carlisle, P A 17013. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: William C. Dyannan, by regular mail to his last known address of 28 Big Spring Terrace, Newville, PA 17241. This letter was mailed under the date of April 04,2002 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5' 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon Haller for Homeside Lending, Inc., successor by merger to Bancplus Mortgage Corp. It being the highest bid and best price received for the same, Homeside Lending, Inc., successor by merger to Bancplus Mortgage Corp. of 8120 Nations Way, Building 100, Jacksonville, FL 32256, being the buyer in this execution paid SheriffR. Thomas Kline, the sum of$752.53, it being costs. iii '-ilL. . Sheriff s Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Service Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed II $30.00 14.76 15.00 15.00 30.00 10.00 .50 1.00 21.39 2.53 15.00 30.00 274.70 212.95 25.20 25.00 29.50 $752.53 paid by attorney 07/01/02 L', ~. . -"I---.M..~&,! Sworn and subscribed to before me So Answers: This /I~ dayofq.J ~~ I"'t:.~ .' .... 1 ~ ___ R. Thomas Kline, Sheriff 2002, A.D. (. J. ~ '-- (ll1,,, {){),...; i~ I r, ;/ p/o onQtary BY'JD~\ )G'VU0 Real Estate Deputy ~~ ~v,cO ~ \,SO VL31171 ~\ )::1'7153 r~ I. '" ~ :" " ,-,: ' " . , ,c,.,~,~u , ~,~" .'i i I HOMESIDE LENDING, INC., SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP., IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA PLAINTIFF CIVIL,A~TION - LAW VS. DEEDE L. DYARMAN AND WILLIAM C. DYARMAN, NO. 00 8686 DEFENDANTS IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 8 CEDAR STREET, NEWVILLE, PA 17241: 1. Name and address of the Owner(s) or Reputed Owner(s) : Deede L. Dyarman 8 Cedar Street Newville, PA 17241-1604 2. Name and address of Defendant (s) in the Judgment, if different from that listed in (1) above: William C. Dyarman 28 Big Spring Terrace Newville, PA 17241 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address ,of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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 ,~~C ~" Jl ""'-, ." ~I .' ". '*',i , may be affected by the sale: TBNANTS IF ANY '" Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Robert L. O'Brien, Esquire 17 West South Street 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 relati to unsworn falsification to authorities. K-, Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: January 31, 2002 - . . '-'. "'jifj HOMES IDE LENDING, INC., SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP., IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. DEEDE L. DYARMAN AND WILLIAM C. DYARMAN, NO. 00 8686 DEFENDANTS IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, JUNE 5, 2002 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: 8 CEDAR STREET NEWVILLE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 00 8686 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: DEEDE L. DYARMAN - REAL OWNER =, ,~, , ' ~~ .-' . -.",~ .-_. -"'"1:1 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 Jllli;_l __I ,~ "C '~ ,~ ~'~":i . . petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 .-,. 1'1 - .-_' "," " , '-:':.::-<i . . ALL THAT CERTAIN tract of land situate in the South Ward of the Borough of Newville, County of Cumberland and state of Pennsylvania, more fully described as follows: BEGINNING at an iron pin at the southeast corner of the intersection of Railroad Street and Cedar street; thence eastwardly along ,said Cedar Street, and continuing along lands now or formerly of Raymond Heckman, Jr., South 73 degrees 15 minutes East, 213.00 feet to a point in Big Spring Creek; thence up said Creek, South 38 degrees 10 minutes 59 seconds West, 103.99 feet to a point in said Creek; thence along lands now or formerly of John D. Hollenbaugh, North 73 degrees 15 minutes West, 175.00 feet to an iron pin at line of Railroad street; thence along same, North 16 degrees 45 minutes East, 96.80 feet to an iron pin, the point and place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 8 CEDAR STREET, NEWVILLE, PENNSYLVANIA 17241. BEING THE SAME PREMISES WHICH. William C. Dyarman and Deede L. Dyarman by deed dated 8/23/00 and recorded 9/8/00 in Deed Book 228 Page 977 granted and conveyed unto Deede L. Dyarman. TO BE SOLD AS THE PROPERTY OF DEEDE L. DYARMANON JUDGMENT NO. 00 8686. ASSESSMENT: 28-21-0359-024 ''"''-, ~D. -~ ~~-~~ .. ..,1 ".. ,:,J;.>.1_1 . - WRIT OF EXECUTION and/or ATTACHMENT , . . ,-. COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 00-8686 Civil CIVIL ACTION - LAW TO THE SHERlFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOMESIDE LENDING, INC., SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP.,PLANTIFF(S) FromDEEDE L. DYARMAN, 8 CEDAR STREET, NEWVILLE, PA 17241-1604 AND WILLIAM C DYARMAN, 28 BIG SPRING TERRACE, NEWVILLE, P A 17241 (1) You are directed to levy upon the property of the defendant(s) and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: ,md to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the accOlmt of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify bimlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $87,993.40 L.L. $.50 Interest AT $20.05 PER DIEM TO SALE DATE $10,426.00 Atty's Comm % Date: FEBRUARY 5, 2002 Due Prothy $1.00 Other CostsLATE CHARGES AT $29.76 PER MONTH TO SALE DATE - ESCROW DEFICIT $2,000.00 CURTIS R. LONG Atty Paid $130.88 Plaintiff Paid Prothonotary, Civil Division REQUESTING PARTY: Name LEON P. HALLER, ESQillRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ill No. 15700 'FLy: A~ o. 2_71!~ ~,--j~,;JX~,r~,'r"":!,1--,"j';i,i'i-'~#JMl~~m!i.$il\W'."';d"',,,1t!'~"~""-"'''"-''..t~'-\1~,~""_,",",,,~''_U!j81("".''''''~~~'.. ,^,,' ~~~..' ^ . . REAL ESTATE SALE No. \ '1 On February 7, 2002, the sherifflevied upon the defendant's interest in the real property situated in Borough of Newville, Cumberland County, PA, known and numbered as 8 Cedar Street, Newville, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 7,2002 By'. I ~ f . I ( vo ~ Real state Deputy ~"-,.) l ,., I C'~! ~J ':i I v! i"+ \1 i'l I.." ':! i\ 1'" _...0 ","" if], \U ElJ t 9 83j AiN;!(" ':,: e;fin8 >JI"~'" .:",. '" j81:I;1O R~ 0..,1.1 -' < , '. ~-= , . r ..r} c:uil c:;;;] c::~ Gv WiJ . " ........ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says; That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and~ Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily andlor Sundayl Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. 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 REAL ESTATE SALE No. 17 Writ No. 200lJ..8686 Civil Term l::I~meslcfe lending, Inc., S~ccessor by Merger to ~ancplus Mortgage Corp. vs Deede L. Dyarman and WlIIlsm C. Dyarm.n ,Atty: Leon P. HsU.r DESCRIPITON ALL THAT CERTAIN tract of land situate in the South Warif of the Borough of Newville, County of Cumber1lU!d and Slate of'Pennsylvania, more, fully described as follows:, ' BEGINNING at an iron pin at the southeast corner of the intenlection of Railroad Street and Cedar Street; thence eastwardly along said Cedar Stree~ and continuing along lands now or formerly of, Raymond Heckman, Jr., Soutb 73 degrl:es 15 minutes 213.00 feet to a point in Big Springs Creek; thence up said Creek, South 38 , degrees 10 minutes 59 second~ West; 103.99 feet " " 10 apoinnn said Creek; thence along landsnow Publisher's Receipt for Advertising Cost or formerly 'of lohn D. HoUenbaugh, North 73 '.. . degrees 15 minutes West, 175.00 feet to an iron D., publisher of The Patnot-News and The Sundav Patnot-Newsl newspapers of general pm at Iinc of Railroad Stteet: ilience along s_ Ige receipt of the aforesaid notice and publication costs and certifies that the same have North 16 d~s 45 minutes East, %.80 feet tel an iron pin,. the point and place ofBEGlNNlNG, HAVING thereon erected a dwelling known as 8 Cedar Street,~ewville, Pennsylvania t7241. , BEING the. same premise~ which William C, Dyarman and Deede L. Dyannan by deed dated 8123/00 and recorded 9/8/00 in Deed Book 228 Page 97TgIan1ed and conveyed unto Deede L. Dyarman. ' TO BE SOLD as the property of Deede L. i Dyarman O'Ji Judgment No. 008686. ASSESSMENT. 2$-Z{..(J359.024. 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 resoiution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", V;'~:~i;i:~: c~~;;;;;~~~.;~;;;;~;;~~;.. S ALE #17 NotsriaISeal')./ 0 ;? Terry L. Rus;ell. Notary Public /. /" Harrisburg, Dauphin County My Commlssfon Expires June 6. 2002 NO ARY PUBLIC Member, Pennsyhrania Association of Notaries My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ $ $ 211.20 1.75 212.95 By.................................................................... REAL ESTATE SM.E !'fO. 17 Writ No. 2000-8686 Civil Homeside Lending, Inc.. Successor by Merger to Bancplus Mortgage Corp. vs. Deede L. Dyarman and William C. Dyannan Atty.: Leon P. Haller ALL THAT CERTAIN tract of land situate in the South Ward of the Borough of Newville. County of Cum- berland and State of Pennsylvania. . more fully described as follows: BEGINNING at an Iron pin at the southeast corner of the intersection of RaJ1road Street and Cedar Street: thence eastwardly along said Cedar Street. and continuing along lands now or formerly of Raymond Heckman. Jr.. South 73 degrees 15 minutes East, 213.00 feet to a point in Big Spring Creek: thence up said Creek. South 38 degrees 10 mki- utes 59 seconds West. 103.99 feet to-a point in said Creek; thence along lands now or formerly of John D. Hollenbaugh. North 73 degrees 15 minutes West, 175.00 feet to an iron pin at line of Railroad Street; thence along same, North 16 degrees 45 minutes East. 96.80 feet to an iron pin. the point and place of BEGIN- NING. HAVING TIiEREON ERECTED A DWELLING KNOWN AS 8 CEDAR S1REET. NEWVILLE. PENNSYLVA- NIA 17241. BEING THE SAME PREMISES WHICH WilHam C. Dyarman and Deede L. Dyarman by deed dated 8/23/00 and recorded 9/8/00 In Deed Book 228 Page 977 granted and conveyed unto Deede L. Dyar- man. TO BE SOLD AS THE PROP- ER1Y OF DEEDE L. DYARMAN ON JUDGMENT NO. 00 8686. ASSESSMENT: 28-21-0359-024. l j, I f: I'i I - ~ , - ~I '.,' --, ",. .. ~. . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, ofthe County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues ofthe said Cumberland Law Journal on the following dates, V1Z: APRIL 26, MAY 3,10,2002 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 ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002 N LOIS E. SNYDER. Nolary PublIc cnle floro. Cum/leIlIII1d County My CommIsaIon ExpinIs March 5. 2005 I -irM:fiI~)lii:~L , [i ri " l, , 1': ,~-i ~j f [-J i , I,