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Home My WebLink About01-0186 FX r - , Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HOMESIDE LENDING, INC vs, CIVIL ACTION - LAW JAMES M, MINDER AND MARGARET M, MINDER AIKIA MARGARET M.K. MINDER ACTION OF MORTGAGE FORECLOSURE -# D[ - [gee Cl\J~ \ Defendants TIllS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL DE 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 withont you and a jndgment may be entered against you by the Court without further notice for any money claim in 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 TinS 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 FIND 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 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 EST A 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 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 ."~"'!" ... " ,,, p" " HOMESIDE LENDING, INC, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs, JAMES M, MINDER AND MARGARET M, MINDER AIKI A MARGARET M,K. MINDER Defendants CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S,C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose, The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed, Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity ofthe 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 "" I ^ ,,~ '.,' ,-, .~o~._~_"" _ " HOMESIDE LENDING, INC, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JAMES M, MINDER AND MARGARET M, MINDER AfKj A MARGARET M.K. MINDER ACTION OF MORTGAGE FORECLOSURE 'fLo. Of- I fG. ~ -r~ Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1, Plaintiff, HOMESIDE LENDING, INC" is aCorporation, with an address of 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256, 2, Defendant, JAMES M, MINDER, is an adult individual, whose last known address is 713 HARDING STREET, NEW CUMBERLAND, PENNSYL VANIA 17070, Defendant, MARGARET M, MINDER, is an adult individual, whose last known address is 713 HARDING STREET, NEW CUMBERLAND, PENNSYLVANIA 17070, 3, On or about, November 15,1996 the said Defendants executed and delivered a Mortgage Note in the sum of $104,900,00 payable to BARNETT MORTGAGE COMPANY, 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 1352, Page 122 conveying to original Mortgagee the subject premises, The Mortgage was subsequently assigned to HOMESIDE LENDING, INC, and was recorded in the aforesaid County in Mortgage Book 552, Page 862 on January 13, 1997, The Said Mortgage and Assignment are incorporated herein by reference, 5, The land subject to the Mortgage is: 713 HARDING STREET, NEW CUMBERLAND, PENNSYLVANIA 17070 and is more particularly described in Exhibit "B" attached hereto, ""I ""''''1''-, ." I-,~ -, ~ " ~ ~ . '" ..,~... ~ . ~ , 6, The said Defendants are the real owners of the property, 7, The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on July 1,2000 and all subsequent installments thereon, and the folloW'ing amounts are due on the Mortgage: Interest at $23,79 per day From 06/0112000 To 02/01/2001 (based on contract rate of 8,625%) $100,714,67 $5,828,55 UNPAID PRINCIPAL BALANCE Accumulated Late Charge~ $243,96 Late Charges at $40,66 Per month for 8 months $325,28 Escrow Deficit $575,03 Attorney's Fee at 5% of Principal Balance $5,035,73 $112,723,22 **Together with interest at the per diem rate noted above after February 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 Pennsylvania 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 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, ""." , I~ " 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No, 91 of 1983, WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8,625% ($23,79 per diem), together with other charges and costs including escrow advances incidental thereto to the date of S ' s Sale and for foreclosure and sale of the property within described, By: PURCELL, KRUG & HALLER Leon p, Haller, Esquire Attorney for Plaintiff I.D, # 15700 1719 N, Front Street Harrisburg, P A 17102 (717-234-4178) "'. l~=- , -I ~ '1,' 1 ',-I , " ~ ., i' ADJUST ABLE RATE NOTE l FHA ca.eNa. 44I~~2.729 STAlE Of ~!M V.6Nhl. DAT&. tKWllMRI:R '18 1SDL-___ \JJANi:ll'OUQ87 ~rmwu:t.._&;~tWO.____.,. PropsnV A1Idraall , 1. PARTltiS ": 'Borrower' l'I\QI\I eaGh puracll slgn~lQ It Ihe and 01 UdG Notll, ond ti.- pIlralli, IIUClCeQONIandasslijrm."t.endlt"Il'l8Dn9_.,..__ :.~~~~~-:-'..__.._- 2. 1lOI\ROWER'S PfI0Mlse TO PAY: lN~'T lQreu'll far lIlO1ll\t&CllIV$d frOlTlLllnd$r. tIorrowlll'ptomlGftto~ a-prildpQI. liUITI(lf .___.___.____._______________________.~.._____________.---- .nHLH!.WD~...EQii.LllIDJJl".MitiJ;luf.HiJMJBSl.ANIUIDL1W)=-_:-----r----. tfoII!rs-GJ.S, 81n4...9Q~-----1. plus inIarest. to the ordefQ(~_InbnliI"bll dwrrQ8d \lIl UlJPalGjWiiiijiCrriim the di!UI of d1abu'lenlBI\t of U. 10M pr-.dI br 'j,' ;~~~~_~~..O!-:::::::-::-:::::::-:;:::::::-::::::::::::::::::::::::: ._, per c:fInt II;JiD.Ii:-.::-:~:wp;;r,.~uri.Mil.itii1Uil-&.iOiahi-oTPiliiapiii"lliii Deen P*l"" IrItGrvftl"atof'll8Vchangltln~"'lch""'sqrllj:lh5'C)ofltli.ltIota 3. PlWAfJSIi 10 PAY SECUJIa) .;. SOll'OW8\". ptomlw to pay Iii 88llUfed by 0 rnclM9JIlIu. cI1lGd. of trust Of ..... -u., Inafrull\ehtlhllt'- claWdtbellllmadatGulhl.Nc.t$andcalledU.'~~ That SaW'hy 1MInlrnent prolec:l. IIUl Lo,nder from lQ.SSQ$ wllIeh ftliQtl, f'fISlAt if B'lIn'O'II/W dll:faulls lK\dar1hilNote. 4, MANflSl Of' PAVMElNf /AlT'.." lSorfow,r shall mekl I payment of principal arid ~~lIltest to Lender on1hl firat., of mh1'/lo1ltll~901l~. .. .lU1...MppriMi,allIlldWlrllt ~Is~ e:u~~r~:~lI;fD~l:l.!!f,IIIlER. . arWL.. wit bI GlI on that.... !8tPI... Plljmunt 1lhIl1l bo InIdl at .IIQOO .8OUtliIIQ. ~YO, qQ, 7OP. =~~.'v'~'ui"Vmt~lwtlOilcllOacrroWtr, ~. .. cii'.t-.a.-OiIW ~,' ~, lQAII'1<</Ilf ' lnItlellV. UCh mCll\thly p$ymem Qf prlnc:ipal and Interlflt INilI " ft .. ...... of ,~:.:';._,'l'hJ.illl'lOIIlltwiUbaparlllflllil"lIurtnOlllllli'PJYlflllI'lf8lJllrldby 1hi SItCUrity lnlltlwllent 1hflt $hllll be JPllllud to prlMlJ)aL i1Walt and ottIIl' __ '- I=H4 ~~uJtOIa "IItIll Now ~ 10'0 L941011t8 P.s1JII 1.:014 .Wiill; "',."..... 'CT~'=""""'I_ Exhibit "A" " " l' , 1ha Dl'der dUCI'ib1Id In till 5ecl.Iritif lrunrUl'f\eflt. lhls amount mav ~ In cccw.. VoIlthPfrl!ll'aph 5(E)ot 1hl8Note. 6. 1NT5ST RATE AND MONl'HLV PAVMBNT CHANGES WClulna8Dal. !~ Tlllllnllr95t rate may change on tho firm da~ of .,6,P.(llJ....._____. JIIl!L ._ an lhat clay of each lIU_edlng year. "Q1aI\glI D~moaM achcllS8 DR....... lnt8reatnrteCClllldchBngs. lB)ThIitInd8x BeglnnJngwilh1l\eflrSIOlB/lQllDahl,1h8illterutratllWillOGballlldClnIll/ndlpC. "lndItx" l11lIIIVI tha weekly IVW'agIl yield (Ill UnIted Statu Tr-vSea.rilillladj....... 10 . ~ mstutily of _ year. Ita .....dfl lMitdlle b.,. lhEI Fedlnl ABM'w BolPL "Curr8pI1ndIIJ(" JI\8iIl1ll1hQ' IIlCIIl reclllt ~ 1!fIUrIlIIWlIallle 30 GpblfoN..... Chen;.lhtalf Iha lndlllllaldllflnedabovllll,na 1anpl'~lMtdIr.._. '1lBWIndIIltunrlndolcp_lbtd>bythe"CI'e~\IIIdIlfln8;d~""""'1Ila LIlI'IHr will gWG BOI'~ nollce of tho I'FIW Ind.", ' lC)Clllllllllltlonof~.tRaItlCh'nQII' :\ Belor.eachChangG Catv.. Lllndarwlll calcuIat8 .nawll\leresttat8bv__'~ ~~ ~~_~._~_~!.: :l~~iiiaiiFII~r;;.;~-~-~::= ONI_ iiiOJ'liii"Dp.rcentogopolnt(O.12a"~SubllCttvtha\lmb""'."""" i':' tiIC) of .thl. Not.... th/e: rounlltd amount will be tile new 1nfere&Il'llte unIIIIv. RId """"'- 0:>> Umltl on Inhll'hl""-ClmIaell The exf~ Inttl'OGt rata will I\llVQf Increaal or dIlcteese bv more ... ... put~(l8 flCIiI'. tl.~ on /fflY slngle ChII\IJfI Date. 1M l1lt1lI'$GI .... wit_ be mote thin fiVe pl/fl:el'lt&g8 polntl \5.lY.\l I1IuImr or-lower ,... 1ha InIIlJIl "at _ Itat1ld In Par.lQI'DPh 2 of till. Nota . IEl Clllllllllltlon of PIIYnwnt Chsnge If 1h8lntarestl'alG cI\llftg.. on. CNnglil Pate. lunlflll' wlllCllaltN IM_o1 monlhlypaym8l\t of ptInclpal """ lnt_lItwhlI;/l1llOUld_~ fDl"flW'" ~d prlnclpal btIel\1l' In full " tiIlI MaturlCy om " ItIll _ itl\lnet __1InuUt auIlllf8mlall~ equal paymen1I. In IlIIIr.lng SUIlh eBlculatlon. Lander Will ..... GIll wt!I!d ~hlIncewhldJwDUldbeOWJJClO1ltlw~.o.lf""''''''''_ dlIfauIt In pavmw on tha Nolt. redu.:acl b~thIl ~o'''' prtpllWlnlIl'\l~ prlndpaLThanll\lllof1hlIQlllllllellonw\\lb'1II8;lV\OUMoflha_~pavMWll of prlnclplll and lnttlrat. IFI Notlll' of ChBfllH lGIlchr wiD ilw nllllCfl to BorrOWlV of 1lI~ dl8l\9ll1n....lnweat:M1II1l11.-- PBYlllUltllnDllntll1enollcelllU$tbt91vena'lletSt21i~blforethll...,~ ~~ ::~~ I~:::' ,::..m::: .::'m~::' M:: ~~ 1 ~l,.(vllthIlCl6rentlndllll.p\a'_dJtlIjt_pullIi;had,MlIthetlllttlOdol ca\culallnllllllldlanllQlnmon1hlYPll\lMllllt8lllllU/ll,endllllllllllYotl\el'~ wtlIchmBy be requlrlld by law frOTlltirlle: to Um.. ,',' FHA Multlllteto Adju",leble RlIte Nom . 101S& L841 wile p~, 2 of 4 "."""1 . ~, ~ ,~~ ~" ,.. l' 1G) Efhllttve Dat8 of Chtnsn A lIMN Intereet.... .calculmd In 3C\lordwlllD wllh. _ "". .... IIA of '. Nollllwlllbtu:OI'I\IIeff@llYa(utthG~Dale.8arfoWor,1IhaltMi1kG.. It... ::on~~mai:ru~~~~~~or~~~. .'. .: 15lF1oftltl$Note.BottaWerstWll\aV6nOollUaalion~."'. pavmentlllT\ll~~lA~wlihPli !iIliiJ r,,:m~""p;a~O::~= ~~~ Notedllareas8d.;bilt1i]' urfIlllDdtoglY.-timttynotlceot""" =~~~W1 ~~===~~eiIhw]Q ~~:. telum to Borrowei' IlIW'QXC8l18 pl\'ll'llllf. wItlt lntWeat tI*- at 1hIJ' .. ~;!!i l'ateillCNaltoihllrnlufeatl'\U8wl1lc1imuldhav8beliq~.kJ.~IIr:Ifitet.S" requtse that eny ellCBis paymIlllt. wl~ lntetlMt thereon It thlI:NIlt8'fttQ... : pIWn\tlIltofprlildptl,'lrilli"'oblladoI'I10rGtuI'lIarrvllllCeM~wItfI .' iteillendl$notalislgnalile8Velllf1h!,NgtablatlleriNi8llaMjp>UdbG'orore. 1otre!llmillllllldG. . e. BORROWllirs RIGIfT TO PIW"A'f aolTOWVhasthorlghtlOPawUllltlllbt8Vldent:lldbyUll5Notlt.lItwllaltl~'rn,: . wllJioutohugeorpllllal1v.ontlwflrstdayofanymomlt.l.GltdlwlBhaUllIle8pl . llno1ll8t~&prOvldlJd1hatbarr<lW<<pay.lrMrmonlh&enoLItlt . for. I'8IllIIlndtroflttGmontft1otlulwdentl'8ql.liredby'lBnderlltd"DlJ1lllttedIiV~~.; tIlII Sl!CI'etwv.lf Borrower In&ku a Dartlal prepayment. tI\enI will be M ~.thI_. dllt& or lnthn fmoufll of the monthly ~1l'mI\l unlGssl.ender asi"_lnwrili:lgtolhliri.- ....'R "J. BOIVtOWER"$ f'AlWIlE TO PAY (Allllt Ch-a- for Qverdu. Paymems . .~:'~~=-lIt~~fu.k~uL~=::o~~ dayl sfWr 1M paymllnt II due. Ltruler ft1lI'I collect a Jato cbanIG In the IIIICllIIItllf fQIIR perl;lW1tl4..J!P':.:.:.::.-"IDfthsOV'rtlu&amourd:ol'eadt~... (B}Ds'41111 If Botr~ dohultll by f~ 10 JI'j In full 8IIV montlll, paymanI. Ulen....... ..... =:':=~~full D~i..~;=:~C:=., atGtu&d ll'Itllte$L 1.siicIhr may d100h not 1Q1 _rCllll \till CIPlion wilhQut WIhIIl1li"*' righlt bt 111lllll8fl101 any aubredlflGu1t.'thlINoW daIlIlInataJlhQili:8 ~,:ns~oton:=:~~e=~:a~In~~~"Sacnt8ty" " f~=~~;jl~.;:.r.::~lIIIllItfUIlUdeccribedabove.lancIert'llf;y l'QqulreBOttOW"'~C:O$tStlldIllP8l\8UlltC1Udingl'lllSOlISbllland~ ~.f=:.m. shsl;~:l'~lto"':::~wn.:.;:no~'."i."". I'iltauthaprinalpatof~NoIe. a. WAlVIIRS Borrowerancfarwo1ll8rpar.lOllwtlohalobnllatI01llund8r1hiBNotewaiu&lhtdlflts gf praentmant :nd IlDilcs 01 dlfl101'lCr. "PtNllIItmMt" mBBftll the ~ to requk'e l.tItdtlJi~tfIo :::2V::~u:. ~ g::::t ~I~:n= ~ gtIt to reltuh Undrr~ \: PliA Mulllltlllltl Adlu.lahl. Am Nqt. ~ 10m 1.841015188 Psge3014 iOlIJll.. '"""jW-"!i! .. ~- , ~ ----":.. " ~ .. GMNGi Of NOTICES 8orr~la1~lINo~~~'~t::'~~:\Y~~I'l~t.; toBorrow.llratf1Uptll~adln"abOI/O(lrlltl1difter'ent....... ',~'" 9IvenLlllldGrllnollcGClfeo~"*di'fenJnt~d!iAI8.. mslJ:V: :1~~~~N~1tl!I4(lI)~ :,:eg;.:::..., SomIw8l'11;lvananotlC:l'.of-thBtdlfmntiddre1s. 10. OBl.lGATtONB Of PI!RSQNS UNDal1lMlB NDTE If motstMnonep.lll'G9ll ~ 1hl1l Note, ~p'lIrIOl'lIlM'iIldlJlll"lllJlllbdllg;d!Jd to keep IIlIOf'2lll pram_lNd_ IntIQ No.. tncIUllItI91htrromlMlo~IMU= ~tu~~~c: antor.~~-=~~1hOiIIso~ ._;;.. guarlln1llr,tlntyot ,lalllaootil\gatadto_allof.1II'OIliIiIs madolnUlleNCIIe. lqrklltl8und"...tblsNouiagaklst_~. Indilllclually or against QIIItClr H toallhl!ll'. My OM paraon IipWIg we Noll! ..., b& required to PI" lilt of 8MOlltllS owed ~ tlIliI No\Q. NOTICE TO DQlIROwmt Tht8 dowmOl1t aClntolm. provlatona tOT a vulabJ. ,..... ,... 6'( SIGNING BELOW. Bc(rower 8CClIptS and IlJl'eBS to tho terIIIS end COliIlMltl contalMdlnlhlsNolQ. . ,-- ~~;t.fY'/~ .......... ~ a'~ ...... ~~,~ M. I(. MINDSl 4f-( ""- .... WllmI..llII~ .... WiIllI$li(GIl; .... WiInUI(leI: . ~~=~Da~aET NaV CUMD&J!LAND, PA 11010 1Iiiii&; fHAMuhl.tIhl Ad.!lIltabIIR.te NOI'. 10lBlI L941W 05lQS pa;e 4 of 4 ''''''''4- 'V,' rl- ~~ ~ -.' . ~ ~ r ~ ~" t ,.,< ../,'. BIK1B!!! "A" :r.r.r. ~" ca'2l'Jl.Uf tl:~Qt or parcel of 111,1'112 ana premises, situate, ~y in the Borough of Hew Cwliberland, in tbs county of , ami COIllIIIOmraalth 01 Perlnllylvania, 1IIcn-t:l partieula1""ly ad and d19~ibed liS to11owsr UG:nt!UW at a poil1t D11 the nortbe:rn s.1da of Harding- Street 185 feat: W8a1: of 'the nortlUJeBt. CO%'Mlr of the intareSation of H street and Becltley Ddve; thlmce ~twardly alotLtJ.tJle 1Ulribern . of Harding stteet 65 foat to a point, 'th$noa norlh1iara1y thrOllgh :, part Qf Lot. No. 177 on hel:e1naftu 1llell'tLaned Plan '* <Lots, at :r~b,t.: angles to 1tIu:d1ng: stnJrt 130 :teet to <II PDiAt 0Jl tba; southem ala l of a 2Q feat. "'ide allen thatlta eaatiQlar41y ~ ~ .111I& GS teat. to a JlIoint, thel1a8 soU1:hWardly througb part. of LO't HO. 116 on said Plan, at. right. anqles 1:0 lkIrding StJ:Gat 130 feet to a point, the: plaClQ of BEGINNIHG. HntG "thQ westurD 35 f~ of Lot. No. 116 and t:hQ eastern 30 feat of ~ HO. 111. Sflction IIB" on Plan of CWt.~~land Hanor, said Plan rlllcardedl in Plan Book 3, PIl91l1 54, CUllIlllJrund count.y Recorda. mmJlJ S'88 8AIIlI >>aIHtBU which Web,"l CIlaplQllU arlll Da.wn L. ; . Cl\IlPll&ll, by thou <lead da"te4 HaVember ~~, 1996 and intended ~ to l:Ie racord.ed ulmlllt.maou$lY berawith"""'Ii\Ua oftiee of t:lul :Re.corier-:". ot DIlie4$ 0% ~rbnd. eOUDt.y,. grantwl. and conveyad unto 17U88' H. ~ Kinder and Hargaret H.X. N1ndSl', HortI]al;(ors herein. .~~ BOUK1352PACE 1:10 ''4'., .."., E'khi\?i i ~8" .~~ . ~OV-15-2000 08:42 PURCELL,KRUG,HALLER 717 234 1206 P,07/07 . , COMPANY NAME: HOMESIDE LENDING, INC 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. B Dated~8. 2001. Title Kelly J. TOTAL P.07 ." "T , ,'=-" -," " SHERIFF'S RETURN - OUT OF COUNTY , CASE NO: 2001-00186 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMES IDE LENDING INC VS MINDER JAMES 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 and inquiry for the within named DEFENDANT , to wit: MINDER MARGARET M A/K/A MINDER MARGARET M, K. but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of BEAVER County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On January 31st , 2001 , this office was in receipt of the attached return from BEAVER Sheriff's Costs: Docketing Out of County Surcharge Dep. Beaver Co 6,00 9,00 10,00 50.00 ,00 75,00 01/31/2001 PURCELL, KRUG ~~~~~ R. Thomas Kline Sheriff of Cumberland County & HALLER Sworn and subscribed to before me this d."""^- day of :J~,. - <r ;u..o, A,D, ~Q ':nvl;,~ ~ Prothonotary .~4'-- .,.., 11 , .~" ---~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-00186 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMES IDE LENDING INC VS MINDER JAMES M ET AL CPL, TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MINDER JAMES M the DEFENDANT , at 0019:10 HOURS, on the 11th day of January ,2001 at 713 HARDING ST NEW CUMBERLAND, PA 17070 by handing to JAMES M, MINDER a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.54 ,00 10,00 .00 38.54 So Answ'erS~:~"- ..-............".... f;. ~~~I R, Thomas Kline Sworn and Subscribed to before 01/31/2001 PURCELL, KRUG & HALLER By, cr~? ~ De uty Sherif me this ~~ day of j~..",'t .:btrpl A,D. Ch-, O. ~.~ rothonotary '~""l~, ~ "', ., '_,It.!'! '. SHERIFF'S RETURN - REGULAR CASE NO: 2001-00186 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BEAVER g2~~~lQ~_~~~Ql~Q_l~f__________ VS ~~~~~_~_~l~Q~B_~l~~___________ B2~1~_~_2~f2~~2B______________ Q~E~!Y_~E~Ei!! of BEAVER County, Pennsylvania, who being duly sworn according to law, says, the within ~2B1Q~g~_!2B~f~2~~B~_____ was served upon ~l~Q~B_~~BQ~B~l_~_~L!L~_~l_~~_______________________________ the Q~!~~Q~~l______ at ~~~2~~~ Hour, on the ~i!E day of ~~~~~EY__, ~~~1 at i~~_~~!!~~2_~1________________ ~~l_i_________________________ ~~~.'{~B.L_~~_12~~2_______________________ by handing to Q~!l__________________________ ______________________________ a true and attested copy of ~2E1Q~Q~_!2E~f~2E~E~_____ together with and at the same time directing g~E attention to the contents thereof, ~g~i~~~~~:~::~:~---------~::-----~:-~::::~:~--~-----;;---~(\--~.--- A Service 50, 00 ft~ (J..._ ~ ,()--" Affidavit ,00 Surcharge ,00 FeIrx-A-TIeLuca-Jr~-snerrff------- ,00' ------- --50:-')"0- 01/24/200 Lt, .., "'J .. .. c'\ AT:: ~\t.V\~ ubscri~o before me y of _~_ _ ______ -----TIeputy-snerrrff--------- c, r.~~-~'OOlp;:~.l:Ii:?i'~-~~~~ 1; ;rHf~:~~),A_ ~,~~T;-1f\::'\,~\t.s!-~/ !r~xt<it !! [[If"~ !>x.;;:,;~':~r;;t~'i~k ?'F' : 0"" I' .1 " - .. In The Court of Common Pleas of Cumberland County, Pennsylvania Homeside Lending, Inc. VB. James M. Minder, et. a1. Serve: Margaret K. Minder, a/k/a Margaret M.K. Minder . No, 2001-186 Now, 1/17/01 ,20 0 {) , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Beaver County to exe.cute this Writ, this deputation being made at the request and risk of the Plaintiff, . . .~~~~~, Sheriff ofCuroherland County, PA Affidavit of Service Now , ,20_, at 0' clock M, served the within upon at by handing to copy of the original a and made lCnown to tl1e contents thereof "'~ . ~ .'.' So answers, -<"-'./'_o'~ -J" . . 0.", Sheriff of County, P A Swom and subscribed before me this_ day of ; 20_ COSTS SERV1CE :MILEAGE AFFIDAV1T $ $ -'r , -, ~ ~ ~ I '" 'II - HOMES IDE LENDING, INC" PLAINTIFF VS. JAMES M, MINDER AND MARGARET M. MINDER A/K/A MARGARET M, K, MINDER, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 00186 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 JAMES M. MINDER AND MARGARET M. MINDER A/K/A MARGARET M. K. MINDER 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 $23,79 from 6/1/00 to 2/1/00) Accumulated late charges Late charges ($40,66 per month to 2/00) Escrow Deficit 5% Attorney's Commission $100,714,67 $ 5,828,55 $ 243,96 $ 325,28 $ 575.03 $ 5,035,73 TOTAL $112,723.22** ** 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. Haller PA I.D, #15700 1719 North Front Street Harrisburg, PA l7l02 (717) 234-4178 I:\HOME\MKF\DOCS\GUMBERLA\MINDER.P ''''I\'''r 0 . ~~ ~ ,. ~ -< - ~"1 'I , . - . . e HOMES IDE LENDING, INC., PLAINTIFF VS. JAMES M, MINDER AND MARGARET M. MINDER A/K/A MARGARET M, K, MINDER, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 2001 00186 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on FEBRUARY 21, 2001 I served the Ten Day Notice required by Pa, R.C.P, 237,1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice, ~~ Leon P. Haller PA'r,D. #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St, Harrisburg, PA 17102 -T" .-" , ' II ...... c. HOMESIDE LENDING, INC, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA VS. : NO, 2001-00186 JAMES M, MINDER AND MARGARET M, MINDER A!KIA MARGARET M,K.MINDER : CNIL ACTION LAW : IN MORTGAGE FORECLOSURE Defendants DATE OF THIS NOTICE: February 21, 2001 TO: JAMES M, MINDER 713 HARDING STREET NEW CUMBERLAND, P A 17070 MARGARET M, MINDER NKJA MARGARET M,K, MINDER 400 BUFFALO STREET; APT #4 BEAVER, PA 15009 TIDS 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: :i CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 800-990-9108 OR 717-249-3166 PURCELL, KRUG & By LEON p, HALLE LD, # 15700 1719 N, Front St., Harrisburg, PA 17102 (717) 234-4178 .''1'' ~"- 1 ,r ~r- ~ "."':::;:;;:!;';A~;!}lJ HOMES IDE LENDING, INC" PLAINTIFF VS, JAMES M. MINDER AND MARGARET M, MINDER A/K/A MARGARET M, K, MINDER, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 00186 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~. .11 d-1/V ( agai st you ip the the above- $112.723.22 and for the sale and foreclosure of your property located at: 713 Harding Street. New Cumberland, PA 17070 Dated: 3-13---0 I ~k~- PROTHONOTA (r Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA l7l02 Phone: (717) 234-4l78 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: James M. Minder 713 Harding Street New Cunnberland, PA 17070 Margaret M, Margaret M. 400 Buffalo Apt, #4 Beaver, PA Minder a/k/a K. Minder Street 15009 1:\HOME\MKF\DOCS\CUMBERlA\MINDER.N .'~~I -,' I"" -1,-, ,,1 ~ , -- ~ ~ ~ ~ "'"-- ~ ~ ~ '-- 20 ~ -J ~ t: :} '1-- t Jllf ~ -'~ ""t"!mn~~~ ,_"",,,",",Ifl~_Jl1_~~l! '~'''''~''''1~~'''Wl''%-T'~i'1!';,~:'''n''qt:}'';'>'':NP'kjl'"'''~'''jmp:<;'i,'f!'fi!i<'~"'~~""'~""~"::-il"f,f~i'1'''lV.-r~~~~' w M, "'-. ) '" ~ ~~ ~ t ~ c:J:," ~ O! - - ---.-,-. .^,-~ ~ ".. ~ -.. - ~ <.::><:' ,~"O r '--'\, \ .:>:; ~ ~. ~ . m r II' -"'''''II'U rr'r"'~';;iili1!\ 0 D 0 c: -n ~: :::g: ~:1 "'OCG J=..olI -;'12 r11fT: :::0 2::T; "~1 r-n 8jfm --:-']0 J?2~ W -~3t~ r;.-;CJ ~ .,.~ -.,.; ~(J ~~~Tl -'-"" ';"1-(') ",,0 r:- :'".::;m ...~(= '-' -~ 7-= 0 5J :< (Jl -< .. ,>- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2001 00186 JAMES M, MINDER AND MARGARET M, MINDER A/K/A MARGARET M, K. MINDER DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT $112,723.22'/ Interest at $23.79 per diem to sale date $ 2,973.75 Late charges at $40,66 per month to sale date $ 121.98 Escrow Deficit $ 2.000.00 TOTAL $117,818.95* HOMES IDE 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 Date: March 9, 2001 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Leon p, Halle PA I.D. #15700 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 713 Harding Street, New Cumberland, PA. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY I:\HOMEIMKF\DOCS\CUMBERLA\MINDER.W ,-' -'-~ "~._- I~ '-I F' r ~ ~..,,'!'"' - ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern side of Harding Street,one hund:ed eighty-five (185) feet West of the Northwest corner of the ~ntersect~on of Harding Street and Beckley Drive; thence Westwardly along,the Northern side of Harding street sixty-five (65) feet to a P?~nt; thence Northwardly through part of Lot No. 177 on hereinafter me~t~oned plan of Lots, at right angles to Harding street one hundred th~rtr (130) . feet to a point on the southern side of a twenty (20) feet w~~e alley, thence Eastwardly along the same sixty-five (65) fee~ to a po~nt; , thence Southwardly through part of Lot ~o. 176 on sa~d Plan, a~ r~ght angles to Harding Street one hundred th~rty (130) feet to a po~nt, the place of BEGINNING. BEING the western thirty-five (35) feet of Lot No. 176 and the Eastern thirty (30) feet of Lot No. 177, section "E" on plan of Cumberland Manor, said plan recorded in Plan Book 3, page 54, Cumberland County Records. HAVING THEREON ERECTED A DWELLING KNOWN AS 713 HARDING STREET, NEW CUMBERLAND, PA, BEING THE SAME PREMISES WHICH Michael Chapman and Dawn L, Chapman by deed dated November 15, 1996 and recorded in Deed Book 149 Page 335 granted and conveyed unto James M. Minder and Margaret M. K. Minder, TO BE SOLD AS THE PROPERTY OF JAMES M. MINDER AND MARGARET M. K. MINDER A/K/A MARGARET M, MINDER ON JUDGMENT NO, 2001 00186. PARCEL: 26-23-543-140 C;., I' p , , ""'~, 11 ~,,~ f~ ~ ,,~. .{~nMIIIli~ i i -- 1=0. \G.~ \ \-j::f- I -, I e. lOA ~ }->~ ~ .~ ' Uv <::x::\ , . ~ , () 0 0 -.., C -n ~0 ?:. :J:: .-1 -r) IT' :till ;r; -11 rnfT: :A1 .'r~ 2_::U i~:? ~ &;); (.,~ ~B >~-\Q ~O -n ;~~ -" ~~8 J::" -~ 2:: :::> 55 :::: 0" -< <:1\ r:i "'1 ,,~ ., ~ v " ,~ ~~,",""',~~,~ ,!'O'.g"":;-~"'l".I'~"0'<1~"''''''''t;::I'';i',!'l({>J\!lllI-i~''l;l\I!!lIIIW,,"~.m~!'~''f',*iffl'ilgl'1t:I;'-,Wl~'1i!~~~ . 0' ,'c ~; I ~ . HOMES IDE LENDING, INC" PLAINTIFF VS. JAMES M. MINDER AND MARGARET M, MINDER A/K/A MARGARET M. K, MINDER, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 00186 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 713 Harding Street, New Cumberland, PA 17070: 1. Name and address of the Owner(s) or Reputed Owner(s): James M, Minder 713 Harding Street New Cumberland, PA 17070 Margaret.M. Margaret M, 400 Buffalo Apt. #4 Beaver, PA Minder a/k/a K, Minder Street 15009 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) Conseco Finance Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, PA 17011 5, Name and address of every other person who has any record lien on the property: '~-"-"--. ,"", :"'" I~ ., I" '.1 -,~ 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 rela ' g to 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 9, 2001 <",~ 1ftI!lflr , . , . . -' -~~" . ,~,~1'!-~~l __flIt ~ ". . ,~,~.- "....'.~ m, ,. ,." "-"'O-mnliWO'lliim' .,,,(/.. 0 0 0 C "'Tl ~ :J: .-1 ''''O(e' :):::;~ ~]: -n rnrTl :;0 ~~:~ Z~T} -rt;:: \~:~5 cr C0.:::: W -<...:-:' ___1.(.) yc.' 4-) C~~~ "i;("J ~Cl <:::;-rn :Y'C' r:- ~ ~. :::> 55 =J (T> :::<: -. ","""",~.,~~~"'l;r~;oe;:"'r<jF""1"',~o~""r.'''':\',1''',!~~p'iLl~~mli\'jI!'!lm?!J!1'Wjf,'"b'%'l51i!ifl_~f~~~~!U~!'- HOMES IDE LENDING, INC" PLAINTIFF VS, JAMES M, MINDER AND MARGARET M, MINDER A/K/A MARGARET M, K. MINDER, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 2001 00186 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 l70l3 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: 713 Harding Street New CUIlIber1and 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. 2001 00186 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property James M. Minder and Margaret M. Minder a/k/a Margaret M. K. Minder C,_ ')- . I ~ . ~, r .".. , 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 l70l3 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 0'''_'';= - "''1'---, '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 -: '"~'""" ~ -~~ -1-. ~ _ -I, t, ~~ ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern side of Harding Street,one hund:ed eighty-five (185) feet West of the Northwest corner of the ~ntersect~on of Harding Street and Beckley Drive; thence Westwardly along. the Northern side of Harding Street sixty-five (65l,feet to a p~~nt; thence Northwardly through part of Lot No. 177 on here~nafter me~t~oned Plan of Lots, at right angles to Harding street one hundred th~rt~ (130) . feet to a point on the southern side of a twenty (20) feet w~~e alley, thence Eastwardly along the same sixty-five (65) fee~ to a po~nt;, thence Southwardly through part of Lot No. 176 on sa~d Plan, at r~ght angles to Harding street one hundred thirty (130) feet to a point, the place of BEGINNING. BEING the western thirty-five (35) feet of Lot No. 176 and the Eastern thirty (3.0) feet of Lot No. 177, section "E" on plan of Cumberland Manor said Plan recorded in Plan Book 3, page 54, Cumberland County , Records. HAVING THEREON ERECTED A DWELLING KNOWN AS 713 HARDING STREET, NEW CUMBERLAND, PA, BEING THE SAME PREMISES WHICH Michael Chapman and Dawn L, Chapman by deed dated November 15, 1996 and recorded in Deed Book 149 Page 335 granted and conveyed unto James M. Minder and Margaret M. K, Minder, TO BE SOLD AS THE PROPERTY OF JAMES M. MINDER AND MARGARET M. K, MINDER A/K/A MARGARET M, ~lNDER ON JUDGMENT NO, 2001 00186, )""":". PARCEL: 26-23-543-140 . r. ",,,, .-, I"', I' , II ~- ~ ~ .C T _ -~ ~_,~~". "DIPiI"~1 _. '0 . " ~' '''''~'''''''' " \> - ,- "'11 [_lilll/l..nUII m"T'nil' 0 c:> 0 c -0 ...- :X -1 - f~3:] -U..QJ J>O rn,{1" ," . r 2:::0 ~:gtB Zt; w ~2~~:: r') J... :::~h{ r::::CJ -0 ....,- '1 );: ,,--, :::r. i~~ -,;.-l.., .1 ~;;:::;O C- J>C: --~l ~ ::> ~ <l" -< .. <>'''''''"''''' ~~!lI'l,~",,"'sm';""''f\i'''i''~''''P''';'<:'''"':'f''I~W''W,i2;H!;''l!!li~j~!,~'ffi!~ffi'W~m'~'!!t.!~~- " HOMESIDE LENDING, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2001 00186 JAMES M. MINDER AND MARGERET M, MINDER A/K/A MARGARET M. K, MINDER, Defendants -, ~, IN MORTGAGE FORECLOSURE ORDER OF COURT AND NOW, to-wit, this S" day of 1v....... , 2001, upon consideration of the Plaintiff's Motion for Service pursuant to special Order of Court, it is hereby ORDERED that the Motion is granted; and, it is further ORDERED the posting of the Handbill on the subject premises at 713 Harding Street, New Cumberland, PA 17070 by the Sheriff thirty (30) days before the Cumberland County Sheriff's Sale, the mailing of Notice by ordinary and Certified mail to Defendant Margaret M, Minder a/k/a Margaret M.K. Minder's last known address and the publication of the notice of the Sale of the -, subject premises as required are sufficient notice to the Defendant of the June 6, 2001, Sheriff's Sale to satisfy the notice requirements of Pa. R.C.P. 3129.2; and, it is further ORDERED that the subject premises shall be sold by the Sheriff of Cumberland County at the June 6, 2001 Sheriff's Sale as advertised and scheduled. COURT / d!L ~ ~~~ ,-, .'-,,"1' " .-, -.,-'" I-I - ~ .. ",~- ,- .,._, _.~ _ ~~~"j!ll!f.W J_~, y", ~ --,~ <~ -~-<,-<< ." ".' -,. - VlN1^lJ..SNN3d J.J.NnOO G\'oNl\:El8\Nn::l 9'pOI ~~ s- fUll \0 I U'~lr' ,r'. , . ....' " ..." I\O'IJ U\\;IJ;"\.L1jCU ::,;"I.J.. 381:i00-0T\\:I :l0 '.' -'"_,;d~'-' ""-"'"'--;-_~~',~-'"",'~ Ul"'~_".,^,,,,,,,,,~~!!ffll-<"' __ l!2'*_,!>""I'/1W~'~_"'I'O",i~"';"-' '''i,"'''' . i IflliiilmJllJ 1m m iTIIlIi .. .. J__1ifMr':l'-'iI1'rr ,,,,,,,'~ir~_,!1iF.'!~Il!"';,t.}~~1<'I,iM""~~/1;"1'\<3,'''')ilY'W~ ..,-~!~p~ HOMES IDE LENDING, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, CIVIL ACTION - LAW NO. 2001 00186 JAMES M. MINDER AND MARGARET M, MINDER A/K/A MARGARET M, K. MINDER, Defendants IN MORTGAGE FORECLOSURE FOR MOTION FOR SERVICE OF NOTICE OF SALE IN REAL PROPERTY ACTION IN ACCORDANCE WITH RULES 3129(b) (2) OF PENNSYLVANIA RULES OF CIVIL PROCEDURE plaintiff, Homeside Lending, Inc., through its counsel, Leon P. Haller, Esquire hereby respectfully submits: 1. Plaintiff has brought a mortgage foreclosure action whereupon it seeks to foreclose against certain property owned by Defendants located at 713 Harding Street, New Cumberland, PA 17070, 2, Defendant James M, Minder was served with the Complaint, January 11, 2001 at the property and served with the Notice of Sale, April 11, 2001. Defendant Margaret M. Minder a/k/a Margaret M.K, Minder was served with the Complaint, January 24, 2001 at 400 Buffalo Street, Apt 4, Beaver, PA 15009. However, the Sheriff's office has been unable to serve Defendant Margaret M. Minder a/k/a Margaret M.K, Minder with the Notice of Sale at the property or the Beaver County address and no other new forwarding addresses were found, The Plaintiff believes that the Defendant has no interest in the property and has no desire to oppose the Sheriff's Sale. 3. Plaintiff has conducted an investigation in order to determine the whereabouts of the Defendant, through its attorney, by attempting to obtain a forwarding address from the post office, the Department of Transportation, Credit Bureau, and also by attempting to obtain a phone number for the Defendant, but no new information has been received from any of the sources. 4. The Sheriff heretofore posted the Defendant's a Notice of Sale or Handbill. Notice of Sale was also property sent by with ~~ '> '--"...C_' 1-';:' 'I , - _. .~. -. ordinary given to 5, Rule 430 and Certified mail. Sufficient notice has, therefore, been the Defendant. Plaintiff believes that service by mail in accordance with (as allowed by Rule 3129(B) (2) (ii) (A) will be ineffective and that a Special Order of Court is required, 6. The Notice of Sheriff's Sale scheduled for June 6, 2001, will be published in the legal journal and a newspaper of general circulation for three weeks to sale, which provides ample published notice of sale. 7, Plaintiff requests an Order approving service by copy of the Notice of Sale or Handbill on the most public property under P.R.C. P. 3129. WHEREFORE, Plaintiff requests service as above set forth. posting a part of the -, * Leon Att 1719 North Front Harrisburg, Pa. (717) 234-4178 norable Court approves BY .",.< _. I'2j,~<~ 'f ,", ,-",".- '-]-."'1" "'I'cl , ...".. ~j> -, ~~ - HOMESIDE LENDING, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2001 00186 JAMES M. MINDER AND MARGARET M. MINDER A/K/A MARGARET M. K. MINDER, Defendants IN MORTGAGE FORECLOSURE AFFIDAVIT OF REASONABLE INVESTIGATION COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS Leon P. Haller, being duly sworn according to law, deposes and says that he is the attorney for the Plaintiff in the above action in '.. - mortgage foreclosure, that he has personal knowledge concerning the facts set forth in the attached Motion for Service of Notice of Sale pursuant to Rule 3129, that he has authority from the Plaintiff to make this affidavit, and that the facts set forth in the affidavit are true and correct to the best of his knowledge, information, and belief, to wit: That he has attempted to confirm the whereabouts of the Defendant Margaret M. Minder a/k/a Margaret M.K, Minder in the above case, by conducting a reasonable search, which search included one or more of the following as indicated by a checkmark: __K__That he has contacted the U.S. Postal Service to obtain the last known mailing address or any forwarding addresses, __K__That he has attempted to locate persons of similar name to the Defendant, however he has not been able to locate any. __K__That he contacted Directory Assistance for any new listing for -:>"'lM~Jl "_" ~__ ~, -I -~ ~ ~I - " ~ FI I, " ---" - , _~I~fi , Defendant, however, there are no new listings. X That he contacted TRANS UNION Credit Bureau, a national credit -----service, with respect to the location of the Defendant, ,-" ,~. __K__That he has conducted a search of the Pennsylvania Department of Transportation's records with respect to the location of the Defendant. Leon P. Haller further deposes and says that after attempting to locate the Defendant by conducting a reasonable search as indicated above; he has been unable to confirm the Defendant's whereabouts and location. PURCELL, BY: Leon 1719 North Front Harrisburg, Pa. (717)234-4178 Street 17102 Attorney for Plaintiff Attorney ID# 15700 -, Sworn to and subscribed before me on this 1 day of ~' 2001 &hQv\CIY\ p, ~ (Notary) ---: NO'fARiA'~ii- ......., SilARa~ p. DU~ .tb1;r7 Public etIy,..; of Himisbuf.tr '.J D. il!Jphin Co. uo.\Y Ml^ Comf!1issfOli eilJiie's..Nov,a, root - ~--W" ~_ ''''. ~. _o' ,e_, 1'1'_ '. I' if .~ =-,,^' '-"--'" . 455 Linden Street, Allentown, PA 18102 RR 3, Box 2025, Effort, PA 18330-1901 ,f Allentown Office: 610-395-8741 Pocono Office: 570-992-2425 e-mail: mkrotz@earthlink.net ,,...... ~~.~ -l ~ CONfiDENTIAL ~NVEST!GA TIONS Loss Prevention . Asset Searches -- Business Intelligence Insurance Fraud -- Skip- Tracing -- Missing Persons Background Investigations . Witness Interviewing Undercover Investigations -- Personal Protection Pre-employment Investigations -- Surveillance Process Service -- Litigation Support INVESTIGATIONS & LEGAL SUPPORT SERVICES Caption MINDER Court Term No. 2001-00186 To: MARCI H, WILLIAMS Your File No, H03356-19131 Date: 05/25/01 CI Doc. No. 00-650 ~_II~w~_I.I!!.l:I!~~!~_n (S~eel!~_~~.ClientL""'____'_'__'_"_'__'_________'_r-----....-----.-.-..-.--.-------------...----1 roo Name: ! MARGARET' K. MINDER . I AIKIA MARGARET KORFF MINDER I i, ..J~.__....._._.~ .-......-.-..-..........----..--.,..--........-....--...-.-...-."'-..--.---.---..--..-.------.---.-.---...1-----.-.--.-""-""--.".~-...--.-.-.-..---.---.-----._-..-""-...-....--..-.--".'.-'j !--....--..-.Address:.j' 400 BU'FFALO ST # 4, BEAVER, PA 15009 . ! !. . .-. ----.----.....----.--.--.--.---.....-----.--.------------.----..--...r.------..--....----.....--.-----...--..--...--.--.-.----..----.-----.---...-..-----.------..----- 1-------....Add.ress~,-71-3--HARDiNG-sT , NEW CUMBERLAND ,PA 17070 1::::=::=-=::=::~.~t_J'_t~~E~:?:::~:~:?:?::=::=::::::==::::::::::::::=:==-==--==::::.:=:::::::[=_:==:==.=::::=~:=:::::::.-:::::_-==:=:.::_-.::.'. INVESTIGATION REPORT Subject Identifiers (Obtained from Public Records) Investigation Sources Listed on Page 2 ~.~IR.~~l~~ !--.------.--Yearof Birth:-' 07/57 1 i.=:::'p'r~~er'll_~.ce~s~~~o;=r:~_~~~~9~E._FO-Ut::~=::::::::~.:::::.=::~:~::...:=-.:==:.L==.-:=::=~.:-:=.~=::=='.::':.:::~:.:'-:~--=::':'=:=:=='::::::.=l I State of Issue: I NOT APPLICABLE I [:::~~~~t~;~t~1~~~~~~1~~}I~':::.::':_:'::_~-:~~=::..-::...::===:-.==_:::=.:=::...::::.--.--.:::I:.-=:::::__-.=~::.:::.:::-.-==~.=:__~...--::=~.:=~:=~~=::::__=~ MOST CURRENT ADDRESS(ES) Most recent address obtained from public records: NEW ADDRESS FOUND Address': Defendant #1 BEAVER, PA 15009 Defendant APPLICABLE Telephone Directory Search5: [.-::=-]~f~I:~I~j}l~~~~~~i~~~It~:-=:_::-~::-__:=:::-.::~:-=.::--____=:::::::::=.=::____.__.:=:__:::~~:=..:..____:=--:.::-.__:~______.____:~~=:::__:.:.:::=::.::_=:::"__l 1 Obtained from Consumer Credit Report Header File. DMV records are not accessible for purposes of SkipTracing. See notice on page 2 under Department of Motor Vehicle Operator Information. 2 Original date subject's record is listed in Consumer Credit Report Header Files. 3 Date most recent address was reported in Consumer Credit Report Header Files. · Most recent address found after reviewing all address sources. 5 As listed with A T& T directory assistance or from Info USA telephone database (listing most recent record). ""~~"n~_.""l"'''- 1 J .. !1 - ,~~".~" ~"""""""",,,,,,,,,,,",__e' """"""",,,,,,,,~~~ ~ . CONSUMER CREDIT REPORTING_~~.~~.~_~.~~~~_':'.._......___._..._._._______.___..___..___....._..........___.____..._..._.........._.......... -400-.BOFAio..ST.;.."[i-EAVER~.--PA 15009 REPORTED ON TRACK 2 ON 05/01 i i 713 HARDING 8T, NEW CUMBERLAND, PA 17070 REPORTED ON TRACK 2 ON 03/01 ! i 1001 ROMAN KNOLL CT, APT F, HARRISBURG, PA 17109 REPORTED ON TRACK 2 ON 11/00 I L..,........-iiiformation Sources: Consumer Credit Reportl;ig'AgeiiciesSe8rc1ieirfiiCiuded-fransUiiioii(CredifHeade;-1j;-EXperiaii'..--~ (Credit Header 2), Equifax (Credit Header 3), and proprietary information sources including magazine subscription services, nationallelephone white pages and insurance records. UNITED STATES POSTAL SERVICE - Postal Regulation 39 CFR 265.6(d)(6)(ii), l.~~*6'~~~~~EI~~~~~o~_==:==~:~_s_~.~=:==:===::::::=:==~:::::.:==:=:==.:::::==::=:=:.::=::::.-:==::::=:==::::::::::=:.:::::==:::.] .-7Ceiiiiiecicopy attached- PlI.~~I~_~_~~_~RD~_~~RC::!lED -:.~~~~je and.J'!.~t~'!..1!.~f!_~~!!~~_:-_8!ie e.age ~.!(.r.I!.C?-'!.r.~~.I'!.f!~f!f9.'!.'2c:!.__._.._._.______._.___._.., i...--- Bankruptcy Court Records Search No Records Found i .1-.--....,..----.-.-.----...----..------.--.-.--.-."----.--..-----....---..-----.-..--------...------.---....-..-------.-....--....-..-.-......-..-..-...-..-.........-...'..-1 Social Security Death Index Search No Records Found _..._..'__n._.___.__._.______..___._.__...___,______._~___________"..._____"._.__"."________".______"._____.____,__..______.__._.__n_n__._..._n__...__..__ 1Sankruptcy records search conducted using subject's social security number in all states found in subject's address history. 2Social Security Death Index Search is nationwide. VOTER REGISTRATION RECORDS SEARCHED BEAVER COUNTY, PA Results NOT REGISTERED Reference: 724 728-3700 DE!PARTMENT OF MOTOR VEHICLE OPERATORS INFORMATION The Federal Driver's Privacy Protection Act (DPPA) effective 9/13/97/imits access to driver and vehicle information. A signed release from the driver, or a notarized statement of intended use by an authorized requester is now needed to obtain driver and vehicle information. Driver and vehicle information is no longer available for skip tracing purposes. APflDAVIT Of Gooo FAITH INVESTIGATION Affiant is the principle of CONFIDENTIAL INVESTIGATIONS which performs investigative services and states that he has made a good faith investigation by performing each of the stated searches. I verify, under penalty of perjury, that the foregoing is true and correct, to the best of my knowledge. I understand that false statements herein are made subject to the penalties relating to unsworn faisification to authorities. Affiant: ~ . .~ Megan rotz Investigator /) Xi Sworn and subscribed before me this of 111i-{ 20~. rit~~ JJl1~/ , -IJ A 41, .J/. day f-~~)pm::,(:)ntaijV(t of P;:::t~;\i;: rLVAf'lJ,\ Li'.~Ei'JSED !N\f2l:'TiC/\TDt~ Eric J. Kerchner Ct,);')1'11y or Monroe License- No, 108 LX;:N:';S: 04tOtf2DQ \ Nota!'lf Seal r"t\or\F:: 57'0..982. ;:!426 i\iOis'rj@ J~u; RobartMako,EUbllC AIIllnlown, MyColnnllellloo~M8y ,l!OO4 Member, Pennsylvania Assocfatlon at Notaries ~ -~" '~-'., . ,- . r \ '.~ ~ \ - ~ -, "~, ,_.c~ , Homeside Lending, Inc. Vs James M, Minder Margaret M, Minder In the Court of Common Pleas of Cumberland County, Pennsylvania No,2001-186 Civil Richard Smith, Deputy Sheriff, who being duly sworn according to law, says on April II, 2001 at 5:09 o'clock P,M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description on the property of James M. Minder and Margaret M, Minder located at 713 Harding Street New Cumberland, Cumberland County, Pennsylvania, according to law. Richard Smith, Deputy Sheriff, who being duly sworn according to law, says on April 11, 2001 at 5:10 o'clock PMEDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: James M. Minder, by making known unto James M. Minder at 713 Harding Street New Cumberland, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he made diligent search and inquiry for one of the within named defendant to wit: Margaret M, Minder, but was unable to locate her in his bailiwick, He therefore deputized the Sheriff of Beaver County to serve the above Real Estate Writ Notice Poster and description according to law: now May 1,2001, Felix A, DeLuca, Jr, Sheriff of Beaver County, who being duly sworn according to law, says, that he made a diligent search and inquiry for the above named defendant, but was unable to locate her in his bailiwick, R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants to wit: Margaret M, Minder, by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver to Addressee Only to her last known address of 400 Buffalo Street Apt.4 Beaver, PA 15009, This letter was mailed under the date of May 4,2001 and the return receipt card and letter were never returned to the Sheriff s Office, R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants to wit: James M, Minder by regular mail to his last known address, 713 Harding Street New Cumberland, P A. This letter was mailed under the date of April 12, 200 I and never returned to the Sheriff's Office, R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants to wit: Margaret M. Minder by regular mail to her last known address, 400 Buffalo St. Apt.4 Beaver, PA. This letter was mailed under the date of May 4, 2001 and never returned to the Sheriff s Office, . ., .~--" "-I ~- "]1"""r'. ~ I . "- "~""'- ~~.._,- Page, 1 SOCIAL - 169-52-3590 . TRACE: 169-52-3590 TRANS UNION TRACE PLUS REPORT FOR SBJ P HB0034840 RPT ON MINDER, MARGARET K, MKT/SUB INFILE 17 HB 4/01 SSN 169-52-3590 CURRIADD 713 HARDING ST" NEW CUMBERLAND PA, 17070 .RPTD 04/2001 COPYRIGHTED TRANS UNION 1993 *************** FOR SBJ P HB0034840 RPT ON KORFFMINDE, MARGARET M, MKT/SUB INFILE 13 PT 4/01 SSN 169-52-3590 CURR/ADD 400 BUFFALO ST" BEAVER PA, 15009 RPTD 04/2001 COPYRIGHTED TRANS UNION 1993 *************** MKT/SUB INFILE 13 PT 10/93 SSN 169-52-3590 FOR SBJ P HB0034840 RPT ON MINDER/KORFF, MARGARET M. -KORFFMINDE,MARGARET,M-MINDER,MARGERATE,M CURRIADD 400 BUFFALO ST" #4, BEAVER PA, 15009 FRMR ADD 1001 RO~ffiN KNOLL CT" #F, HARRISBURG PA, 17109 713 HARDING ST" NEW CUMBERLAND PA, 17070 RPTD 09/2000 08/2000 **END OF NETWORK TRACE PLUS** DATE TIME 05/31/01 12:55CT DOB TEL# 717-770-0217 DATE TIME 05/31/01 12:55CT DOB TEL# 728-2458 DATE 05/31/01 DOB 7/57 TIME 12:55CT TEL# 728-2458 COPYRIGHTED TRANS UNION 1993 **************************************************************************** ",:::mr:o. -1- II - .~ .- ~- -". HOMESIDE LENDING, INC., PLAINTIFF VS, JAMES M, MINDER AND MARGARET M. MINDER A/K/A MARGARET M, K, MINDER, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 2001 00186 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U,S, Mails at Harrisburg, pennsylvania on ~!a.ql()l , 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: James M, Minder 713 Harding Street New Cumberland, PA 17070 Margaret M, Margaret M, 400 Buffalo Apt, #4 Beaver, PA Minder a/k/a K, Minder Street 15009 Conseco Finance Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, PA 17011 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 BY~ PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 "~'""", 4""""1'" ~. JOHN W. PURCELL HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR BRIAN .T. TYLER JILL M. WINEKA LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234-1206 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD (717) 533-3836 NOTICE TO: James M. Minder 713 Harding Street New Cumberland, PA 17070 Margaret M. Margaret M. 400 Buffalo Apt. #4 Beaver, PA Minder a/k/a K. Minder Street 15009 Conseco Finance Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, PA 17011 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets 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 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. 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: hol against the said v' t you have an being notified of Leon P. Haller PA I,D,15700 Attorney for Plaintiff ".,.-;:o.\f~!i!1!IW!i! -- HOMESIDE LENDING, INC., PLAINTIFF VS. JAMES M, MINDER AND MARGARET M, MINDER A/K/A MARGARET M. K, MINDER, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 00186 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 l70l3 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: 713 Harding Street New Cumberland 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. 2001 00186 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property James M. Minder and Margaret M. Minder a/k/a Margaret M. K. Minder ;,'-"T""'1'f_'Tl'l1lll!iJ!!ll L '" ,~ . ;"'I-",",,~""'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 (lO) 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: Cunnberland County Bar Association 2 Liberty Avenue Carlisle, pennsylvania l70l3 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1, You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you, You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you, 2, After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause, This ~ ". ,.. ., petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3, A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - civil Division, of the within County Courthouse, before a presentation of the petition to the Court, A copy of the Writ of Execution is attached hereto, PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 , "''F! -I ~" r- -i'- , < .. ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described as follows: aEGINNING at a point on the northern side of Harding Street,one hund:ed eighty-five (185) feet West of the Northwest corner of the ~ntersect~on of Harding Street and Beckley Drivel thence Westwardly along. the Northern side of Harding Street sixty-five (65) ,feet to a p~~nt; thence Northwardly through part of Lot No. 177 on here~nafter me~t~oned Plan of Lots at right angles to Harding Street one hundred th~rty (130) feet to'a point on the southern side of a twenty (20) feet wi~e alley; thence Eastwardly along the same sixty-five (65) fee~ to a po~ntl , thence Southwardly through part of Lot No. 176 on sa~d Plan, at r~ght angles to Harding Street one hundred thirty (130) feet to a point, the place of BEGINNING. BEING the western thirty-five (35) feet of Lot No. 176 and the Eastern thirty (JIl) feet of Lot No. 177, Section "E" on Plan of Cumberland Manor, said Plan recorded in plan Book 3, page 54, Cumberland County Records. HAVING THEREON ERECTED A DWELLING KNOWN AS 713 HARDING STREET, NEW CUMBERLAND, PA, BEING THE SAME PREMISES WHICH Michael Chapman and Dawn L. Chapman by deed dated November 15, 1996 and recorded in Deed Book 149 Page 335 granted and conveyed unto James M, Minder and Margaret M. K, Minder, :1 TO BE SOLD AS THE PROPERTY OF JAMES M. MINDER AND MARGARET M. K, MtNDER A/K/A MARGARET M, MINDER ON JUDGMENT NO, 2001 00186. PARCEL: 26-23-543-140 i_''''~ ,~ =~,' ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern side of Harding street,one hund7ed eighty-five (185) feet West of. the Northwest corner of the 1ntersect10n of Harding Street and Beckley Drive; thence Westwardly along,the Northern side of Harding street sixty-five (65) ,feet to a p~1nt; thence Northwardly through part of Lot No. 177 on here1nafter me~t10ned Plan of Lots at right angles to Harding Street one hundred th1rty (130) feet to' a point on the southern side of a twenty (20) feet wi~e alley; thence Eastwardly along the same sixty-five (65) fee~ to a p01nt; , thence Southwardly through part of Lot ~o. 176 on sa1d Plan, a~ r1ght angles to Harding Street one hundred th~rty (130) feet to a po~nt, the place of BEGINNING. BEING the western thirty-five (35) feet of Lot No. 176 and the Eastern thirty (:fO) feet of Lot No. 177, Section "E" on Plan of Cumberland. Maner, said plan recorded in Plan Book 3, page 54, Cumberland County Records. HAVING THEREON ERECTED A DWELLING KNOWN AS 713 HARDING STREET, NEW CUMBERLAND, PA, BEING THE SAME PREMISES WHICH Michael Chapman and Dawn L. Chapman by deed dated November 15, 1996 and recorded in Deed Book 149 Page 335 granted and conveyed unto James M. Minder and Margaret M, K. Minder, TO BE SOLD AS THE PROPERTY OF JAMES M, MINDER AND MARGARET M. K. MINDER A/K/A MARGARET M, MINDER ON JUDGMENT NO. 2001 00186. PARCEL: 26-23-543-140 I "~"'''''f ">~".L I " ~ , , -y~- U.S. Postal Service :;., - CERTIFIED MAIL REC IPT' - \ (Domestic Mail Only; No Insurance C verage Provided{ _ o .. ~ ["- LrJ a- ru ...!I ...!I ["- ru ,-. F Fie I A ! Postage $ Certified Fee Return ReceiptFea ci (Endorsement Required) 0' Restricted Delivery Fee C (Endorsement Required) CI ["- ...!I , .-'I Total Postago & Fees $ CI CI CI ["- j MARGARET M MINDER NI<JA MARGARET M K MINDER 400 BUFFALO STREET APT JElL _. _ _._.___ U!:LE ===1 = ~ - ,'::.t-;t/ Re: Homeside V. Minder Cumberland Sales 6/6/01 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: James M. Minder 713 Harding Street New Cumberland, PA 17070 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: Margaret M, Minder a/k/a Margaret M, K. Minder 400 Buffalo Street Apt, #4 Beaver, PA 15009 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: Conseco Finance Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, PA 17011 Postm,n-lr - -;:;::I'=- ?: ,--='--' . S.\laSll\~t : . " 0.75:: . ". 'i\~"IR'l ., ~'I ~= ''-1 .."~ << . 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 Postmark: ,r.;. ;:/.'!i . '-0.> -,. .., . . . . . . .. . . << << . ~ r'Ulll. .>~ -" "~==, ~~ ~-- ~ ,,-~ -, 1< ,.. .", ",". . ~ ~ '''''~"'''''',"'',d''''''~'' . "",'" III UIiIii[1'[".f" ~ , " , ('") 0 c C) :;:0"" -q -.......-c-- ~ -\..(.c f.!1rri c:: -". Z:n :e F'i::T1 Zr--" I ' f:-:::=; 0?p- ~m ~Z Ul ~_~IO (', <0 ;r.. ~::'!(J );:i; 'll :;::=C1 :tt: i:''j:!.! ::;';:'!.,_.i Si iSFri -'C 2: c-< ::< '0 ..J.> t-...:: ~ _[__;<'~lll!,t::/jI'Jl4I:.I)f1f%W"~ij;'H,I!!'W1""'ffi1!\lm,,,~,,,,,~~~:.~~'l~@lf.l'_J1_ ..- pt~'~I""-'"' , STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ___________ _______ _____________ _________ ___________ ___ ____ ____ __ _ _ __ _________ Recorder or Deeds in and for said County and State do 'hereby certiry that the Sherirf's Deed in whicb ________________ __l!!?~_"_~'.!!L~__l!.~~!'!U2!:;'_e_~~!.'E'_':.~~_.?_':.<::~_t_'::~__ ____________________________________ is tbe grantee the same having been sold to said grantee on the -__________________<!.th_________________________ day or _______..J.\lDt'____________________________ A. D.. r 20QL__. under and by virtue or a writ______________ Execution . _______________________________ ------ ---- -- ----_ ISSued on the ------l3.t.h.__ ___ ______ ____ __ __ _______ da f March A D 2001 r her c .' y 0 __________________________ .., _____, out 0 t e ourt 0 OInman Pleas of saId County as or Civil ----------------------------~-..----------------- --------------------------------- Term, : 200-1~-- Number ____!!l!>_______, at the suit of Homeside Lending Inc --------------------------------------------------------------- --------------------- ------- --_ ____ against. _.J.li1lleJL J:L Qdil;!!: .\La_J:~ LH. _I;!!HLJ!I;! r.&.'!;:~L!! _!5_.!!!:~d& r duly rec:orded in Sherirf's Deed Book No. _____7.!fl____, Page _lQ!l~_______. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this __JA.?____ day or ---__________~.-------- A. D., ~.9..J ~lL~;!:~~~.a: 1lecerder " IlBeds, CulIillel"nd toImIW. CItIisI'I, .. ~ ~l_llIefiqtMllndarGlJln.- ,~- lIAI!'l~ Homeside Lending, Inc, Vs James M, Minder Margaret M. Minder In the Court of Common Pleas of Cumberland County, Pennsylvania No,2001-186 Civil Richard Smith, Deputy Sheriff, who being duly sworn according to law, says on April II, 2001 at 5:09 o'clock P,M, EDST, he posted a copy of Real Estate Writ Notice Poster and Description on the property of James M, Minder and Margaret M, Minder located at 713 Harding Street New Cumberland, Cumberland County, Pennsylvania, according to law. Richard Smith, Deputy Sheriff, who being duly sworn according to law, says on April II, 2001 at 5:10 o'clock PM EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: James M, Minder, by making known unto James M, Minder at 713 Harding Street New Cumberland, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same, R, Thomas Kline, Sheriff, who being duly sworn according to law, says he made diligent search and inquiry for one of the within named defendant to wit: Margaret M, Minder, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Beaver County to serve the above Real Estate Writ Notice Poster and description according to law: now May 1,2001, Felix A, DeLuca, Jr, Sheriff of Beaver County, who being duly sworn according to law, says, that he made a diligent search and inquiry for the above named defendant, but was unable to locate her in his bailiwick, R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants to wit: Margaret M, Minder, by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver to Addressee Only to her last known address of 400 Buffalo Street Apt.4 Beaver, PA 15009. This letter was mailed under the date of May 4, 2001 and the return receipt card and letter were never returned to the Sheriff's Office, R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants to wit: James M, Minder by regular mail to his last known address, 713 Harding Street New Cumberland, P A This letter was mailed under the date of April 12, 200 I and never returned to the Sheriff s Office, R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants to wit: Margaret M, Minder by regular mail to her last known address, 400 Buffalo St. Apt.4 Beaver, PA This letter was mailed under the date of May 4, 2001 and never returned to the Sheriff's Office, R, Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at The Court House, Carlisle, Cumberland County, Pennsylvania, on June 6, 2001 at 10:00 o'clock AM" EDST, He sold the same for the - " ,~ ,. ^ " "I' ,. ,- - I I ~ !I!lllI!I'~ sum of$1.00 to Attorney Sharon Dunn for The Secretary of Housing and urban Development of Washington, D,C" his successors and/or assigns, it being the highest bid and the best price received for the same, The Secretary of Housing and Urban Development of Washington, D,C" his successors and/or assigns of clo Golden Feather Realty, 1600 Sacramento Inn Way, Suite 220, Sacramento, CA 95815, being the buyer in this execution, paid to SheriffR, Thomas Kline, the sum of$938,41, it being sheriffs costs, Sworn and subscribed to before me This 30 ~ay of ~ 2001, A.D, Qrn.. 0 /I.t<h.", ~ Prolli notary Sheriff s Costs: Docketing Poundage Advertising Posting Bills Auctioneer Acknowledging Deed Law Library County Mileage Certified Mail Levy Surcharge Out of County Beaver County Law Journal Patriot news Share of Bills Distribution of Proceeds Sheriffs Deed ....v' , TIT" 30,00 18.40 15,00 15,00 10.00 30,00 ,50 1.00 10,54 9,53 15,00 30,00 9.00 50,00 316.55 300,30 25,09 25,00 27,50 $938.41 paid by Attorney Leon p, Haller 6-25-01 S~ .;2. ,. . ... . ~JA.~~~ R, Thomas Kline, Sheriff By CJ~ J~ Deputy Sheriff ~~ 36,00 ~,,j.~~' I,~ tJ:.. 33:0,',)1 a:L. I /'f fJ47 - ~..~ dlUSlL"';' ;.. ;mtl. r,l1i:;l~ ;\r~ fI1 'ri~~' ..Pl- J""~' "."..__.' ____ ... ._ ..' -. F _. . lIML EStATESALE No,54 '7, !- . 7C -Writ No~2001-186 -Sz:-- Home:sicle \.ending, loe. ~-M'" ~vs r James fA, Minder and .c- - . Margaret Iii. Minder alWa . ~.._ Margara\M,\{,MlndeI' ~_:. ~' A\tt~ l~on' p, Haller DESCRIPTION ..,.",,.- . . ~~I}tAi:-~tRiAIN plece or - pn1:~1 'oe or li1?d situate i.n the Borough of New ~ _,_ ~edand, Cumberland County, .. nia, bounded and dest:Iibt.a. ~s .-' ,.,,~ ~'~(J_ at _a_ point on the tl~rTh?""l"; \{arding Street one hundred Jrlgn'ty. '8S1 feet W~t of. the Northwest <:o'(ner '_^ -e lQ.ter5~ti.on of Harding Street and ~ew.~ _~~-.:~~ thence W~stwardlY a~ong ~i:lrt"h.etn Side of Hardmg Shee': SIxty. E...-:~. i.eet to a pointj thence Nortt.wardly oU~J?art of l~t No. 177 ?tl hereinafter _ _ 0: oned pl<m of Lots, at ngnt il1\g\es to =-!iatitfngs~et o;ne bundled thirty (130) feet "F'to 21 .....I.on_t.h_e.~lheril.side of a twenty e~_ ~otde- 'a}ley; thence Eil~,twardly _ _ png th=~ siune sixly.five (65) feet to a point : rTh~ce=southward1Y through part of Lot No. ; ~1.11~6_ on~-:-~~.1d Plan, at, right angles to Harding ~~Q1\e hundred thiM (130) feet to a Jl<l1II_~ the pl." ofREGINMNG, B-- ,~e western thirty..fi\le ,(3:) feet of "_ 'NP~ 176 and the. Eastern thirtY (30) feet _ ot.-No. 117. Section ItE" on Plan of '= '!i'ml;Lerliin4 Manor, said Plan recorded in ~l~Iar(13o~k 3, page 54, cumber\an1i County ~cora5. .' :CjlAVlNG 'lHffilEON . erected a dwelling c<:...known as 713 Harding Street, ,NeW ~rober1alla, PA. ~'ElNGTHE. SAME Ft~Jt\\ses which Michael ~ _C~_ap_n'\a:n and Da'f~ll L. Chapman by deed ,_ ~datid November 15, 1996 and rE>cotded in ;:ueed BQOk 149 \'age 335 granted and conveyed unlo Ji)pes, M. Minder a.nd . Margaret M. Minde), #~Tb_8-l SOLD at the property of James M. --:---=Minder and Margaret M. Mi.nder alkla =-:-M.a!ga~et M. Minder on Judgme:1t No. 2001 '-.00180,_ . .I'ARCEL: Z6-23.Sr,;.14~. -, -~--~.. ( .. ~ .. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No, 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and piace of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of Th e Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at B12 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 24th day(s) of April and the 1 st and 8th day(s) of May 2001, That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf 01 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 ~;::I::~:::ro,"g 0' D.~, '" eo' fu'~":"""O'D'"'","'lt"':~'."mm COpy Sworn to and subscribed before this 21st d of 2001 A,D, SALE #54 Notarial Seal Torry L. Russell, Notary P lie Harrisburg, Dauphin County My CommissIon Expires June 6, 2002 Member, Pennsylvania Association of Nota commission expires June 6, 2002 . CUMBERLAND COUN1Y SHERIFFS OFFICE CUMBERLAND COUN1Y 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 $ 298,80 1,50 300.30 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. B~""""""""""""",____,."""""",_,,__,'__.., ,.-^-.~",~ I-r- .", c -- RIilAL JilSll'.NJlE._ NEI. 54 Writ No. 2001-186 ". Homeside Lending. Inc. vs, James M. Mlnder and Margaret M, Mlnder a/k/ a Margaret M. K. Minder Arty,: Leon P. Haller ALL THAT CERTAIN piece or par- cel of land situate in the Borough of New CUmberland, CUmberland Coun- I;y, Pennsylvania, bounded and de- scrlbed as follows: BEGINNING at a point on the northern side of Harding Street one hundred elghl;y-five (185) feet West of the Northwest comer of the in- tersection of Harding Street and Beckley Drive; thence Westwardly along the Northern side of Harding Street Slxty-five (65) feet to a point; thence Northwardly through part of Lot No. 177 on hereinafter men- tioned Plan of Lots, at right angles to Harding Street one hundred thirty (130) feet to a point on the southern side of a twenl;y (20) feet wide alley; thence Eastwardly along the same slxl;y-five (65) feet to a point; ,thence Southwardly through part of Lot No, 176 on said Plan, at right angles to Harding Street one hundred IhIrty (130) feet to a point, the place of BEGINNING, BEING the western thirI;y-five (35) feet of Lot No. 176 and the Eastern 1hIr1y (30) feet of Lot No. 177, Sec- tion 'IE" on Plan of Cumberland Manor. Sa1d Plan recorded in Plan Book 3, page 54. Cwnberlanu Courl.- ty Records. iiAVlNG TIlEREON ERECl'ED A DWli:LUNG KNOWN AS 713 HARD- ING STREET, NEW CUMBERLAND, PA. BEING THE SAME PREMISES WHICH Michael Chapman and Dawn L, Chapman by deed dated Novem- ber 15, 1996 and recorded in Deed Book 149 Page 335 granted and conveyed unto James M, Minder and Margaret M, K, MInder, TO BE SOLD AS THE PROP- ER'lY OF JAMES M, MINDER AND MARGARET M, K. MINDER AjK/A MARGARET M. MINDER ON JUDG- MENT NO, 2001 00186, PARCEL; 26-23-543-140, - PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), p, L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the 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: APRIL 27, MAY 4,11, 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 11 day of MAY. 2001 N01: . . ~e:;oe~~k: ~ Commission ExpIres 'Maroh ecr.L \' ~'~-r- -, ,. I" I ~ - . , HOMESIDE LENDING, INC" PLAINTIFF VB, JAMES M, MINDER AND MARGARET M. MINDER A/KIA MARGARET M. K, MINDER, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 00186 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 713 Harding Street, New Cumberland, PA 17070: 1, Name and address of the Owner(s) or Reputed Owner(s) James M, Minder 713 Harding Street New Cumberland, PA 17070 Margaret M, Margaret M, 400 Buffalo Apt, #4 Beaver, PA Minder a/k/a K, Minder Street 15009 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) Conseco Finance Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, PA 17011 5, Name and address of every other person who has any record lien on the property: or " "I~ '1 " -. . , . 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 .~la. '<fig to unsworn falsification to authorities. ..~/ # ,....// '//.4/ /# / /z.>;:? .....--- ~. // i Leon P. Haller PA I,D, #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 9, 2001 'it',.' "1 ,-. "'-I' " -- ,j. HOMES IDE LENDING, INC., PLAINTIFF VS, JAMES M. MINDER AND MARGARET M, MINDER A/K/A MARGARET M. K. MINDER, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 2001 00186 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 l70l3 THE PROPERTY TO BE SOLD is delineated in detail in a legal desc:tiption 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: 713 H~rding Street New Cumberland 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. 2001 00186 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property James M. Minder and Margaret M. Minder a/k/a Margaret M. K. Minder , ~,!,.~,"^~, , , ~ , ,. . - " A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to recei ve part of the proceeds of the sale recei ved and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed, Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. .IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMEN'I.'. 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 "117-243-9400 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 Plea~ 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 piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern side of Harding Street,one hund7ed eighty-five (185) feet West of the Northwest corner of the ~ntersect~on of Harding Street and Beckley Drive; thence Westwardly along,the Northern side of Harding Street sixty-five (65),feet to a p~~nt; thence Northwardly through part of Lot No. 177 on here~nafterme~t~oned plan of Lots at right angles to Harding street one hundred th~rt:y (130) feet to'a point on the southern side of a twenty (20) feet w~~e alley; thence Eastwardly along the same sixty-five (65) fee~ to a po~nt; , thence Southwardly through part of Lot ~o. 176 on sa~d Plan, a~ r~ght angles to Harding Street one hundred th~rty (130) feet to a po~nt, the place of BEGINNING. BEING the western thirty-five (35) feet of Lot No. 176 and the Eastern thirty (30) feet of Lot No. 177, section "E" on Plan of Cumbarland Manor, said Plan recorded in Plan Book 3, page 54, Cumberland County Records. HAVING THEREON ERECTED A DWELLING KNOWN AS 713 HARDING STREET, NEW CUMBERLAND, PA, BEING THE SAME PREMISES WHICH Michael Chapman and Dawn L, Chapman by deed dated November 15, 1996 and re~orded in Deed Book 149 Page 335 granted and conveyed unto James M, Minder and Margaret M. K, Minder, TO BE SOLD AS THE PROPERTY OF JAMES M, MINDER AND MARGARET M. K. MINDER A/K/A MARGARET M, MINDER ON JUDGMENT NO. 2001 00186. PARCEL: 26-23-543-140 -<i:!i..,-..,. -- . , . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) 01-18610, CIVlbOS :rnJiliI CIVIL ACTION. LAW TO THE SHERIFF OF Clnmhprlrmrl COUNTY: To satisfy the debt, interest and costs due Hr.mp'",irlp. r.p.nrling. Tnc:. . PLAIN1IFF(S) from James M. Minder 713 Hardinq Street, New Cumberland. Fa. 17070 and Marqaret M. Minder AlK/A Mi'lrgarP.t M. K. Minder 400 BlIffi'llo Strp.et. Ai}t '#4";"B~~v:rf':' p~t 'iID5~jFl~! '" '~,,:,::!~<,I?, DEFENDANT(S) ,"!'~~"I",'l, ''''-!lo<...,.l....o!~ ,'tl./ , ,,~I!f"'f.f;!b...'.,r"ft'~~ (1) You are directed to levy upon the property of the defendant(s) and to sell 713 Hardino Street. New Cumberland. Fal\;;l9l!n07o ,,"" ;J_~-'ii.;'l},. ...:'.~_. <'~". .;. .. ~- ~/-i\,~:' l!'- ,,",,!,,-.,"; !.;. e'. .;,,-. -d,'"'M\ ",f' ,I.. ,1_ "'~ ,,:,"',"";f\.' ,~1,i!"'I'l lJ/'t' ~..--J ,r;""';,.,~" , '; ." ''',J.rr-~ , "1'1 '.lij! ,'i!.; (2) You are also directed to attach the property of the clE1!endant(s) not levied upon in the possession of ;. ,-~~-_._ ~__-"~.;.~,."~-,-.-='",,,,_~,_ ~,'_\ ,_..~".~"_,.,, _.__.,...".:. H ~ _., _, ~1'-~~~~;'- GARNISHEE(S) as follows: and to notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property 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 him/herthat he/she has been added as a garnishee and is enjoined as above stated, Amount Due Interest at Interest Ally's Comm Ally Paid Plaintnf Paid 5112.723.22 $23.79 per diem to sale date $ 2,973.75 L.L. Due Prothy $ 0.50 1.00 % OtherCostsLi'ltp. c:hargp.", at 540.66 oer month to sale date $121.98 Escrow Deficit $2,000.00 $ 185.54 Date: March 13, 2001 Curtis R. Lonq Prothonotary, Civil Division by: 1/", 12 ~ REQUESTING PARTY: Deputy Name Leon F. Haller. Esauire Address: 1719 North Front Street ~Barrisburq, Fa. 17102 -..;1 AtIorneyfor:< Pli'linHff Telephone: (717) 234-4178 Supreme Court ID No, 15700 .~~" l? _ J~ ~,~> ._, " ,. ,"~ , , ' . REAL ESTATE SAtE No. 51.{ vA MCJJ..\..Qh \ <1, 'lOO\ the snentt levied upon the Oefellu".,> Int8r8St In the real property situated inNo,,') C\.l~ n QA IAit bwu-u ak 6umbaItaRd COUnty, Pa., known and numb6r9d as: .~ . NluJ CUM\.:wdaJ.and more fully described on exhibit "A" flied with . .. lid by tills I'8fer8nce tncorporated hentIn. DItIrJl1~ rq,,;).DD I By: j (; f 0hs2J~(rf :';::;;rJ ,""'-'" ""H"1.~ c;::::l @ Ifi@ <> ::s: 0'" $ c~ --0 $ c> rn " c:;:; s; ," -;;::.c. _,,0 "'17" >.-r\ :;1!':. _. ,"..-\ (j"l"-' ..c.- .,.,;c --::. C" -::";1[11 ~~~ <::) ~~ ul I {( u.) J-- L.. r'" -c ern J:P rL ::;t:. ~a _0'" ......(.""" -:::: 0 --n 'P' -- lR "--~~.. ... """'!INW_"'10,gr'~~;'l1i;O"'l'f~'lll~<1it""-lIW;15:~~I!''ff''flW~~E;lffi~'l~~rF;'''I~'~,nN-'-f~i~~'1'~!~~_~'