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Home My WebLink About01-06580 ,~ill ,'~ 0', M< ,- J " ~"~,,. - - ." . ' "''';'~~$l~"~,,!t''' " ,,~" " <. ~ HOMESIDE LENDING, INe. F/KJA BANCBOSTON MORTGAGE CORPORATION Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW VS. SHgRRY K. MCCLEAF AND JASbN N. SHINDLEDECKER Defendants ACTION OF MORTGAGE FORECLOSURE )'u,.01- (" S YD e~ Ju.... THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering awritten appearance personally or by attorney and f1:ttlj'g1m~ting with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so 1\1ltjORsf,1!lay proceed without you and a judgment may be entered against you by the Court without further notice for any money claint.in the Complaint offor any other claint orrelief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. "::.;:; ',LP"(~' ,11\'Sfi' CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 A VISO LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLVTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SPR SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, R',mSTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION (;i)NTRA LAS QUEJAS EN ESTA DEMANDA. . k1j'RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU p1.!tRTIClP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMAND ANTE Y R'r'brrnRIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA J'!1':';SION, 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 A BOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 f,',:___.!: SEF' " k}~()L--' ~)Fcr:::, ' , ~" -. ~<'~<' ~ ' Lj',o',; _' " ~",';:;d-,',_ -"'<!<-'",*,lj~:;;;-'h:",'" .' HOMESIDE LENDING, INC. FIK/A BANCBOSTON MORTGAGE CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. CNIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE SHERRY K. MCCLEAF AND JASON N. SHINDLEDECKER, Defendants Tl:IE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 l:-i'O.l\1]~': B/\.:'<!~'> ' "fl;; The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. lfthe 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. SHEI.., J,.L\st i;'" PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff ';:,,:','\;' j'. ":': ~ """"oJ,,' '.' .~ OE,;;>>~': ',.nJ -.." ='M' l~~"j"-",,"'-",, . ' ,l .fIOMESIDE LENDING, INC. FfKJA 13'ANCBOSTON MORTGAGE CORPORATION, r,r'" Plo;nti'ff ,"'-'-'" u.J. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA -(t:'':',~~f, CIVIL ACTION - LAW ","'.' , i"I";~'" vs. ,~<~D~i}' , ~Y K. MCCLEAF AND JASON N. SHINDLEDECKER, Defendants ACTION OF MORTGAGE FORECLOSURE Y'l..<J bl- {, !:( 5'6 &;;u 1M-- COMPLAINT IN MORTGAGE FORECLOSURE , . 1. Plaintiff is HOMESIDE LENDING, INC. FfKJA BANCBOSTON MORTGAGE CORPORATION, a LHJ,'v1', corporation whose address is 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FL 32256. J5i\'''K ' <."2. . Defendant, SHERRY K. MCCLEAF, is an adult individual whose last known address is P.O. BOX 202, ',;"",'-: ki':: ". DRY RUN, PENNSYLVANIA 17220. Defendant, JASON N. SHINDLEDECKER, is an adult '...';. ~IW3:, ;'individual whose last known address is P.O. BOX 202, DRY RUN, PENNSYLVANIA 17220. lASe>," The said Note is not accessible to Plaintiff and is believed to have been lost. In further answer thereto, a copy is believed to be in the possession of Defendants. Plaintiff also avers that the within mortgage foreclosure complaint is based upon the mortgage and that the attachment of a copy of the Note is unnecessary pursuant to Rules 1019 (h) and 1141 (a) of the Pennsylvania Rules of Civil Procedure, :'~..\'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 ~eal estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1275, Page 868 conveying to original Mortgagee the subject , . . premises. The Mortgage was subsequently assigned to RESOURCE BANCSHARES MORTGAGE " GROUP, INC. and was recorded in the aforesaid County in Book 501, Page 355. The Mortgage was tr further assigned to BANCBOSTON MORTGAGE CORPORATION and was recorded in the aforesaid County in Book 518, Page 916. BANCBOSTON MORTGAGE CORPORATION is now known as HOMESIDE LENDING, INe. ,. .,~-", "',";',' ........J I , ~ 1W(" ;'" ~~' ~"",;;I"-1w'.,~",,,,_< ;: ,~-,:.. -.," . , '" 5. The land subject to the Mortgage is: 158 NEIL ROAD, SHIPPENSBURG, PENNSYLVANIA 17257 and is more particularly described in Exhibit "A" attached hereto. 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 June 01,2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRlNCIP AL BALANCE $70,288.16 Interest at $17.09 per day Prom 05/01/2001 To 12/01/2001 (based on contract rate of 8.8750%) $3,657.26 ). Accumulated Late Charges $228,78 r; , ~.J . Late Charges $28.43 Prom 06/01/2001 to 12/01/2001 $170.58 -f. Escrow Deficit $329.06 Attorney's Pee at 5% of Principal Balance TOTAL $3,514.41 $78,188.25 **Together with interest at the per diem rate noted above after December 01, 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 PelIDsylvania 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 judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to foreclosure and accelerate the loan balance pursuant to Pennsylvania Act No.6 of 1914 is not required in that the original principal balance exceeds $50,000.00. ~ 00- - .1 ,--, :"","" ~., &,}-j) " .. i.\', TO. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. 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 8.8750% ($17.09 per diem), together with other charges an.d,posts including escrow advances incidental thereto to the e of Sheriffs Sale and for foreclosure and sale of the property within described. I: PURCEL KR G Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, P A 171 02 (717-234-4178) By: ,\", c I l:[)td ,an ~,;OJd ,;:;0~:f DC th;~ ~~ ,:' ,,'! ,:1;(, .' " .. , " ",,;..; "o.riol.......'~ ~ ~ -" "iMfll~""';'h--''>-"\);-:l'<'' .' ,.:\ 1 t i I \ I I I I I ! , "I I , ~ ',',' ':{ 1If~~'~;:~:~~~'''.~''<;'' :~j~l.ft", , '.. ~'f:'-i'~ :.... ptte of Pennsylvania 1 ""':;':.:;;"~';i:::';.'~: .,._;"~ lilty of-Cumbefland 55 I' , ,:;:~~:",>":";",,,,:::":" , ''''7!!i''''''d ~~ 1m he ,;>Hlce lor Ine recording ~f 410 V.i.....:....:,.,;,......... .. <::, < or ~:et.erla!'d County~'I' .. ,.J#." 'i. , '. 00" I I ,~'~~~J.'l., .r..... ,.,' ,I,., r.. 0, -Page I , .',..'",'.....,..,,' . . . ,:) 't"'''' my hand anfral of oH, 'I ... ..', J . ,.. t:1h I ~ !'I'!';'. ~ ',. "'-:,., ",c ..0-, ,;{:;IO, no'", this day of ,:: ., I.) ~,i '.. " .! t' .., , . ~ :.! 'J! '., , , I . 'j. SCHEDULB "IV' :i i ALL that cart~in lot or pArcel of ground sitUAte in :SQu~lll:lmpton Township, Cumberland count:y, PennsylvAnia, toq.th.X'~ I w!tli the improvement.s ereoted thereon, bounded 1n accordanQQ with' 'pre~!mlnary Final $ubdlvia!on for Guy Johnson prepared by Wllbut. I .II. qliftan, R. s., \fhich saId SUbdivision Plan has been approved: ' by the appropriate 'munIcIpal authorities and Is filed In ' i ~umgerland County ~lan Book 38, Page :)2, 'whereupon the herein t~ be conveyed lot i5~referrGd to as Lot No. 1. ~ I ' I; i I ~ . ~ I BEGINNING at a' spike In th.a canc'lt'line ot poblic road known and fBSi9nftted as Legislative Route 2. l050 at corner ot landa nll1/ ?r f rmerly of Dorothy M, JohnstonJ thence alonq centerline at ! I_aid pUblio road, South 13 de9rees 21 minutes 3~ seconds East, ~2.5 feet to ~ spi~e ae the edge of landa now or torm.rly ot , cQo,,'ge Cu~)bl"r; theno$ Alonq landa now or formerly of GeOl"98 : ~ubblcr. South 85 dp9re~~ 00 minutes West, 230.00 feet to an iroh pinl/thenae oontinu~n9 by sahla, North 11 deg:t'BB9 54 minutes 52 : seconds West, 94.60 feet to an iron ~ihl thence cOhtinuinq by ,ame) South 87 deqr~es B minutes 12 seconds Jast, 30.00 feet to : . ~n iTon pIn at corner of lands now or formerly of Dorothy>>.. JOhnftonl thence alpng lAnds now or formerly of Dorothy M. .:rohn~ton, South 87 ~egraes 8 minutes 12 seoonds East, passing thro~gh an iron pin At "dq" of dedlcated right of way 11no, ~04. ~O feet to the railroad spike, ths point and pleoe of BEGrNlIIIIG. : I, ! I ICON'l'AlNIllG 17, ~37 square het leee the hereinAfter referred' ,0 d1dioat.ed rigllt ,:f way. I IUUDER AHP SUBJECT to a dedioated right of way 11ne llhd curvo qedloat$d right Of way as shown on the ~foresaid plan. ! , I I i ~UNOtR A.NO SUU.)'ECT to the t'lght of ingress, 8g-reBtI and , ~egrqss over the aastel'ly side of lICurlJe All as shown on sa.id plail ~nd ~eterred to in d~ed from'Cuy and Kearn R. Johnston, hi. wifB~ t;o G~org'8 W. Cubbler and Anna J. Vol~, ,:,S joint tenants with thej right of survivorship, dated the 12th day of June, 1900, and . I r:ecoX:d61cl in Cumberl~lld county Deed Book nZn. Volume 28 at :paqe 'i I. 5j36'1! I , i ~AVlNG thereon :araoted a dwalling houso known And numbared as 158 Neil Road, 9tilppeneburg, PonnsylvAniA 11251. : I: i I BEll1G that sal",i real estate that Hlllial1l and J,"ieD L. . : z.lacCr~ady, Jr:., by theIr deed and intended to be recorded in the; 1 1 Offioe of the RQoor~er of needs of Cumberland county, i p~nns~lvania, prior :to the recording ot the mort~age, conveyed td Jason N. Shindledecker and Sherry K. McCleAf, Mortqagors herein. . , I' I ! I I 1 . ii' .nOOK 38J~Att 892 ,i , I II : - 127& r~&t 873 j bOO~ . , , I I .. , , , " t , I ,i i I t i , I ! : i I I , , i I " \ I " i EXJ-H6)T II J4 II I' i i' 1 t. :1 :,' :1: 'q I , . ~ :1 1 . , It !, 11 I! , . , , j . .Ii , 'll. . , "'j 'I :i ! ,j " :1 l :, .01 , , i " ," i , .. :1, '. I' I iI ., ',I .:, 'I .il ';1 J. J .il :1 l ~,- ~." ~" --~ ,J., 'c' 1 ~ ' ;. '."}ltik,i,' , . , . , ,~ VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for the Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by HOMESIDE LENDING INC. FIKIA BANCBOSTON MORTGAGE CORPORATION, Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: November 19, 2001 N Leon P. Haller, Esquire ~iij~Wi.cl;I~R1iM'~~l'$;'i'-(ii'k~l~~,,g1:;'.al~jf~,'1fii1w"."'r~;L~";' ~ ~l '-"'M'i~~Jil.: lb'''''J~'ih,;'''j;;,'~''",~''i4'ilf~~,1&l I' f i ! n!-l b: Qlr 1. 5:: ~r ~~ :i'O. . o~: "-1 ! "-!!:! : ~:r:. ~ o. " z; ~n . ~ : -I'.; > m~. ;C1 ~ t1 *, -<:. -- =""" ,<,.' ~,~,,~ ' "~..~ , ~ ,','~" "",,,,~.o,,.<,, "y_ _._-~ " ~ ,~, ,,'~ ',~" ., .' ,,,."-,,,,I~'- -,",.,"","",".. ',';' , . '"' III -f" Ittrl' -Xilli ,.. '[1- iii' ~, . . (Y () CJ 71 c.:~ ~ ~~ -- ~J~~ -oc,:) 0 ",. ~~: ~,-- r f N ",. F "-", T :.::} :9 ~~:: ...;.; '. J: >(~, :];::::; -- -""'. z~,-: tjrT'1 -<:> '"' '" :s;'U N ~ (y' ~~~ -~---i "~.. '*' ~; -t:. --J ':,)'1 :u "" \'\ -< fv -< V- el ,~_~o~~.~, ~~.,i'-~ .~ ~.~ ~ ." ..... .,l, . L .'"' _c _~~ ,",,,' , " f:atl~'~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-06580 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOMES IDE LENDING INC VS MCCLEAF SHERRY K ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT MCCLEAF SHERRY K but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , MCCLEAF SHERRY K HOUSE IS EMPTY AND PADLOCKED. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 13.00 5.00 10.00 .00 46.00 ~ R.Thomas Kllne Sheriff of Cumberland County PURCELL KRUG HALLER 11/30/2001 Sworn and subscribed to before me this !t.- '7 - day of !{f!p,p_L....; .:2.&t?/ A.D. 0~. f) IuJIj,"'IA~ P honotary ,~ .d..~ l ' " ,~ .I" ,; ';"",.~-~ """~~$i:i' ,. , . HOMESIDE LENDING, INC. F/KJA BANCBOSTON MORTGAGE CORPORATION Plaintiff IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW VS. ACTION OF MORTGAGE FORECLOSURE SBERRY K. MCCLEAF AND JASON N. SHINDLEDECKER Defendants {L,;,O/. (,Sfo ~ IL<-- TillS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have beeu sued in court. If you wish to defeud 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 attomey and fiJiJ/gM~writing with the court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so thp cll,s~,may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. . U-'." , ,',;' CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 A VISO 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 ~PR SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARlO QUE USTED, 0 SU ABOGADO, [',.',G,STRE CON LA CORTE EN FORMA ESCRlTA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CUNTRA LAS QUEJAS EN ESTA DEMANDA. . '!". RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUlR CON EL PROCESO SIN SU f>:A:llTr'CIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDlR A FAVOR DEL DEMANDANTE Y r;""UERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA ",,-, <;ION, ES POSSIBLE QUE USTED PUEDA PERDERDINERO, 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 ,'" t, BOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 i RUE COpy FROM RECORD . ': T e:tdmooy wnereof, Illere unto 981 my hand nd the _ 01 saiki Court at CarUsIe. PR. fhis J-I f.}7" or ~t- ~.: ~_ v a. p . Dln11 ProthonotBry . ;,1'.<" j-\~_'__d (i." j . "".1:'- , _~ ]< '-,i<~L: """" . . , "..;~, ., ""''ir~; ~,- " L 'Mt " J HOMES IDE LENDING, INe. F/K/A BANCBOSTON MORTGAGE CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS , CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE SHERRY K. MCCLEAF AND JASON N. SHINDLEDECKER, Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 i -l()!Vl,F..> ~, " ,,':'.. i, ' ""1'[ , The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. ,','1-; ,"-,l:l1:"_1 \ "\' PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff .b! .!,JJ:,"Ai) ,~ " ,," ~ "Ii'. ~ """"'...." '" '~, j""->;';'k<~i~A-,; , . HOMESIDE LENDING, INC. FIK/A B{\NCBOSTON MORTGAGE CORPORATION, ,c '. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. f\,;;:Q: ~Y K. MCCLEAF AND JASON N. SHINDLEDECKER, Defendants ACTION OF MORTGAGE FORECLOSURE 7U.,.&/- lSY6 ~ I~ >,\' COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is HOMESIDE LENDING, INC. FIK/A BANCBOSTON MORTGAGE CORPORATION, a I l{):; , corporation whose address is 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FL 32256. 2. Defendant, SHERRY K. MCCLEAF, is an adult individual whose last known address is P.O. BOX 202, DRY RUN, PENNSYLVANIA 17220. Defendant, JASON N. SHINDLEDECKER, is an adult '~i, <.: '1'",""," ~,'ltEr, :,individual whose last known address is P.O. BOX 202, DRY RUN, PENNSYLVANIA 17220. 3. The said Note is not accessible to Plaintiff and is believed to have been lost. In further answer thereto, a copy is believed to be in the possession of Defendants. Plaintiff also avers that the within mortgage foreclosure complaint is based upon the mortgage and that the attachment of a copy of the Note is unnecessary pursuant to Rules 1019 (h) and 1141 (a) of the Pennsylvania Rules of Civil Procedure. '4. Contemporaneously with and at the time of the execution ofthe 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 ofthe within County and Commonwealth in Mortgage Book 1275, Page 868 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to RESOURCE BANCSHARES MORTGAGE , GROUP, INC. and was recorded in the aforesaid County in Book 501, Page 355. The Mortgage was :,t: further assigned to BANCBOSTON MORTGAGE CORPORATION and was recorded in the aforesaid County in Book 518, Page 916. BANCBOSTON MORTGAGE CORPORATION is now known as HOMESIDE LENDING, INC. -,. .. ';"...'~~ "~,L ""~-;\l,*"",~''''''-1'~~H':' .' , 5. The land subject to the Mortgage is: 158 NEIL ROAD, SHIPPENSBURG, PENNSYLVANIA 172')7 and is more particularly described in Exhibit "A" attached hereto. 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 June 01,2001 and aU subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $70,288.16 Interest at $17.09 per day From 05/01/2001 To 12/01/2001 (based on contract rate of 8.8750%) $3,657.26 , Accumulated Late Charges $228.78 Late Charges $28.43 From 06/01/2001 to 12/01/2001 $170.58 Escrow Deficit $329.06 Attorney's Fee at 5% of Principal Balance TOTAL $3,514.41 $78,188.25 *"'Together with interest at the per diem rate noted above after December 01,2001 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 Sheriff s Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice ofIntention to foreclosure 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. ~ J i_ ,'-L ~~'"'f"i~;~,ti!;,1I@:':, , :"~ . fO. Defendants are not members of the Armed Forces of the United States of America, nor enga~ed in ;my way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. II. 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 8.8750% ($17.09 per diem), together with other charges and :costs including escrow advances incidental thereto to the e of Sheriff s Sale and for foreclosure and sale of the property within described. ! . PURCEL KR G Leon P. Haller, Esquire Attorney for Plaintiff J.D. # 15700 1719 N. Front Street Harrisburg, P A 17102 (717-234-4178) '1_' , . By: \ \Y".:.\ '\\; \.',-,'. '.1: ~;'k' I;;.',~ , -'-." ":',~,-" ''''','l,~_ ,,-,~~" ."'''''......\~j;l.ihll'..;."L '':'l;;h" ,'" "', ~,,~.- f.~ ,A..'.. '~ . .!; :1 ..,:0,'" .. .~.... ." , \' 4. i. ~ ,', .'.'.', ' ook 01. _Page' I I i' ;".,,,,',.,, " ...',} ?"'; my h~nd anf,a, 01 olli 1,1, ~"l";:. I '...-:....... .... .;!;It~t PAth,s day 0' , .~ " ;.)~.i..: "Y. ,) ; i :d '., '. , ; -, I I I I, II; ;; , I 'je SCHEDULE "1\" :i i ALL that aert$in lot or parcel ot Qround aituate in :SQ~~bDmpton Tcwn~h~p, Cumb~rland county, Penn8ylvan1~, togeth.r! I wlt~ the improvements eraoted thereon, bounded 1n aocordancQ wIth. 'prdlimIna~y Final $ubdivlsion tor GUY Johnson orepared by Wl1but. I ,/I. <:tUftan, R.B., ",hieh .oid BUbdivision Plan has been approved! . by the appropriate'municipal authorities and is filed In ' I :CumB.~u'land County )?lan Dook 38, Page J2, .whereupon the herein tc) be conveyed lot is!reterred to us Lot Mo. 1. ; \ \ ~. , : IBEGtNNING at a: 5pIxe in th. cline"rline of poblic road knoW"~ ! " And fetli9'nated as Leqls1ative Routo 21050 At cornet" ot land. nO\-l or t rmerly of Doroth,y H, JohnstonJ thenoe I!lIlonq centerUnl'3l at 1 ;$i\id publio road, Sputh 3.3 de9rees 21 m1nute.Q 32 seconda Ea.at, . ~2.59 teet to a spi~e at the edqe of, la>>ds now or formerly at CeoJ,'ga Cub):)ler; theno$ nlD:ng lands noW' or t"ormerly ot" George c;ubbter, south 85 disqrees 00 minutes ~fQ:Gt, 2:30.00 feet to an 1ror pin! thence continu~nq by same, North 11 degraes 54 minuteSl 62 : seoonds W~9t, 94.6Q teet to an iron pin, thenCe continuing by ~amEtI South 81 de9r~es 8 tninute~ 12 seconds East, 30.00 teet tel:' ~n 110n pin at corner of lands now or formerly of Dorothy ~" ' JOhn~tonl thence alpn~ lands now or tormerly of Dorothy ~. ~ohn~ton, South 87 ~e~reed 8 minutus 12 seoonds Eaet, paeeing thro~qh an iron pin at udge ot dedicatod right of way lino, ~04.~O f....t to tho railroad op1k., tho point and plao.. of BEGrNNI/IG. i ' i ICON'rAINXIlG 17,~J7 square feet le89 the hereinafter referred ~o d1dioated right ~f way. ~ IUNDER AND SUBJ~CT to a dedicated right of way line and curv$ qedioated right. of WI ay aa shown l;m th9- aforesaid plan. ! , I i :UNOER AND SUBJECT to the ~Lght of inqre66, egress and . x:egr"ss over the eali:te:z..l}' side of tlCurve A~I as shown on said pla~ p.J1d rererred to in deed from GU1' and Kearn R. Johnston, hi. witQ i to o":orqEl W. Cubble.t' and Anne J. Void, as joint tenants with the; .1:"'iyht ot survivorship, dated the 12th day of June, 1980, and : recorded in Cumberl.hld County Deed Book "Z", 'Volume 28 at \'laqe . i I 5;36'j! I , i HAVING thoroon :orootod . dwelling house known ond numbered e~ 15~ N.i~ Rood, S~ippen.bu~g, Pennsylvanio 17257. i ! I I 'j , BEIIlG that sam~ r..al ....t.te that NIl1iam and Janice L. , JiaCCreadY, .1r., by their deed and intended to be recorded in the. ~ 1 ; Orf 10'e of the RecorCler or DBeds of Cumberland county I I penns~lvania, pt<ior :to the recording' of the mortq8ge, conveyed td Jaeon N. Shindledecker and sher~y K. ~cCle.f, MortqAgors heroin. ' ; I' I i , I 1 ' ii' .BOOK J83~AGE 892 ,i , I I 1- 1"-/(. f~tl &73 I ! ~OOl ... v i 1 .. i " I , I ; .i i ! , i , I I i I I : .' j , , EKH- /1~) T I I A /I I' , ;' ; I. "I !l ':'1: I " .; :1 " :1 , , it a II 11 Ii . 11 "1, ;J , , ,; !j ! :, ,,' ; , i ;j, i .1 ,It . 1. ,! ; , iI :j ',1 .:1 'j "1 til' 1, r .U ;I ;1 :1 "" ~I(J&$~ ~ ~@?>.0> .~~ \ "^ ~, ""'" '/'''<' ,,- '<,''', " ,,_ 'c '~__ ,"~ ~'_""'.~'..'''' '''-'' "''''' ~"",' ","W"._=" '..' '.w,~ " , '-"'-"'-'''-''-,~-'_ '" ....... .. .. .... ... III _~" N'''''''''''~''''''''',_ OfFICE OF Tl-IE SHERIfF CU~BER'^N)C~UNTr Nov 21 3 43 PH '01 ~ , " ,',.,' " e'f\ t\ i..;;) Lc PENNSYLVANIA '."", _,' ,:c,<"-."",:,;~",\",,:,~,~J,,,,-"t",,:~-,,,,,~_'i~~i1!!.,,,~, ',,"",.., " ';' ' , .~""", _, ,,<(,9';' '" '- , .---"!"",,,,,:, ~,. ,,~,,~. ~,~ ~ "-'.'- ~ =.~", ~ ~~~' ~ ~. '""' ~ ' .~,~._~".~j.~~.;~~~~ ~ "C,. ',' r~0,' -, ... ~ ... HOMESIDE LENDING, INC. F/KJA BANCBOSTON MORTGAGE CORPORATION Plaintiff IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE SHERRY K. MCCLEAF JASON N. SHINDLEDECKER Defendant Civil Tenn No. 01-6580 PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. DATE: December 5, 2001 PURCELL, KRUG, & HALLER "xA..-- Leon P. Haller 1719 North Front Street Harrisburg, Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 j~~.1i.. ~~"~,,,j"~"'~~:M~~~~~~~im~~'fr'" ,.Il ... ,-- ~"'''',''"",'\';~',V''''",',-'''_~'I" ,,'~" "'0 _, '''''~__''''_ ,,_ _ ,>, <<_~" ,. ~"_,_,",,,, "'." ";, ^,~" ,,~ ,^,," 00"- , . .. " 0 c.) C '.... 'L,.... .. J':::) T, iP ''1 ':-) " ~<"::.:;:' cr. ~~ ; '''I ~::::: ....c' ,,v ..1> ;s ~~5 )>,,- r- '-- '-.....) 2: .:-'1 :;J ,~ ~!O " '...! -< ,', -,..- ,~ BEt' ~~'4'__ '*,""~'_ -, ~_....J I, ~ , L - - 1M ~ 'I"; .'';';;' ~, L'_~~.,'_ .. . SHERIFF'S RETURN - REGULAR CASE NO: 2001-06580 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMES IDE LENDING INC VS MCCLEAF SHERRY K ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCCLEAF SHERRY K the DEFENDANT , at 1630:00 HOURS, on the 14th day of December, 2001 at 9 CHESTNUT GROVE ROAD SHIPPENSBURG, PA 17257 by handing to SHERRY K. MCLEAF a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.40 .00 10.00 .00 38.40 So Answers: r~~~ R. Thomas Kline 01/10/2002 PURCELL KRUG HALLER Sworn and Subscribed to before By: \J~ g ~ Deputy Sheriff me this II ~ day of q :l.<rn.2 A.D. H" - '7 q~, 0 '/v1,.II:.) /' h,~1 rothonotary ~ '" -~'~~' "..'~" "'" ,~- "~ - ~.~ ',' l, ~~"- -, -.J1ii~r .~, ,,~~' -~lki<_It!\iW;" " SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06580 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMES IDE LENDING INC VS MCCLEAF SHERRY K 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: SHINDLEDECKER JASON N but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On January lOth , 2002 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co 6.00 9.00 10.00 46.50 .00 71.50 01/10/2002 PURCELL KRUG So answ~~~/~/, /.// /. ,~~;;~~>-'_. R. omas Kline Sheriff of Cumberland County HALLER Sworn and subscribed to before me this lit::' day of (jAm", ,., :21nJ~ A.D. ~.t . 0. /udi...., ~ Prothonotaiy nt ....... ",>~'~-'"~'~ '-", . ~'""'-"-,' SHERIFF'S RETURN - REGULAR " ' ,. j ~ ,".",.. " .' CASE NO: 2001-65800 T COMMONWEALTH OF PENNSYLVANIA: COUNTY Ol<~ HOMES IDE LENDING INC F/K/A BAN VS JASON M SHINDLEDECKER GUS ALEXIOU County, Pennsylvania, who being duly sworn according to law, , Deputy Sheriff of FRANKLIN says, the within COMPLAINT-MORT FORECLS SHINDLEDECKER JASON N was served upon the ,. ='iil!.,I'.i\I;.>~d"" DEFENDANT , at 1140:00 Hour, on the 17th day of December, 2001 at 18817 MAIN STREET DRY RUN, PA JASON N SHINDLEDECKER by handing to a true and attested copy of COMPLAINT-MORT FORECLS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Mileage 9.00 9.00 4.00 10.00 14.50 46.50 Sworn and Subscribed to before of A.D. .. Notarial Seal atncla A. Strin,s,. Notary Public C:hambers~u~f1 f:!""" '=ranklin County My Commrsslon Ej.p,H::lS Nov. 4, 2004 So Answers: :~O~ Deputy rif 12/19/2001 PURCELL KRUG AND HALLER w , .",",~'.ri. ' l "' , " _"J ~- ~,~ "~i;,~~,~;J>'>1~,"",o;j~t', PlelUL e"Jvm ~ . . In The Court of Common Pleas of Cumberland County, Pennsylvania Hcrneside Lending, Inc. VS. Sherry K. McLeaf et al SERVE: Jason N. Shindledecker No. 01 6580 civil Now, Decerober 10 ,20 01 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. , '. .~~~<~~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made Imown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ ......... ~~ ,~_. ~ ,=- ~ 1 k., ,-- '" t'_,,:~,\ ,;i~';,~, '1~~'''''''' ~:;~W,;,;A1~",~--; ,,~~,- " - J '- ~'......." ......iI('__ ~ "''Wj>lf~*""", ~' . SHERIFF'S RETURN - REGULAR CASE NO: 2001-06580 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMES IDE LENDING INC VS MCCLEAF SHERRY K ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHINDLEDECKER JASON N the DEFENDANT , at 1944:00 HOURS, on the 14th day of December, 2001 at WHIRLPOOL W COMMERCE AVE CARLISLE, PA 17013 by handing to JASON SHINDLEDECKER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 3.25 .00 10.00 .00 19.25 ~~~,,<~ R. Thomas Kline 01/10/2002 PURCELL KRUG HALLER Sworn and Subscribed to before me this II f;S, day of ~ J,Jy,,:6 A.D. n. .,.O_~.jL,,~ ~rothonotary By: V~-ry\ {L. ~ Deputy Sheriff ,.=--_......._0 ~ . ., , "'t';'illilJ- - """'~, ~ . HOMES IDE LENDING INC. F/K/A BANCBOSTON MORTGAGE CORPORATION, : PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. SHERRY K. McCLEAF AND JASON N. SHINDLEDECKER, DEFENDANTS CIVIL ACTION - LAW 2001 6580 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 SHERRY K. MCcLEAF AND JASONN. SHINDLEDECKER 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 $17.09 from 5/1/01 to 12/1/01) Accumulated late charges Late charges ($28.43 per month to 12/01) Escrow Deficit 5% Attorney's Commission $70,288.16 $ 3,657.26 $ 228.78 $ 170.58 $ 329.06 $ 3.514.41 TOTAL $78,188.25** ** 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 Sal . PURCELL, KRU By Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 K:\MKFIDOCS\CUMBERLA\SHERRY.P ,--"; ~ ~ ~ . HOMESIDE LENDING INC. F/K/A BANCBOSTON MORTGAGE CORPORATION, : PLAINTIFF VS. SHERRY K. McCLEAF AND JASON N. SHINDLEDECKER, DEFENDANTS L, . ,.1""",_;,_,,-,. ^' ",~.-~"''''''." IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001 6580 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on JANUARY 24, 2002 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. A By Leon P. Haller PA I.D. Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 #15700 ;..-, ~.t:.c, -=" ~- ~~ ~ J "~~R ,J . . " , HOMESIDE LENDING, INC. FfKJA BANCBOSTON MORTGAGE CORPORATION, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 01-6580 VS. SHERRY K. MCCLEAF AND JASON N. SHINDLEDECKER : CIVIL ACTION LAW : IN MORTGAGE FORECLOSURE Defendants DATE OF THIS NOTICE: JANUARY 24, 2002 TO: SHERRY K. MCCLEAF 9 CHESTNUT GROVE ROAD SHIPPENSBURG, P A 17257 JASON N. SHINDLEDECKER 18817 MAIN STREET DRY RUN, P A 17220 JASON N. SHINDLEDECKER WHIRLPOOL, WEST COMMERCE AVENUE CARLISLE, PA 17013 TillS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION. OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY A TIORNEY 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 TillS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF,'YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: ':' , LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 PURCELL, KRUG &~' ~/ C ..----~,.,./ . By ,./'/ / - -,' LEONI'. HALLER, Attorney for Plaintiff LD.,# 15700 1719N. Front St., Harrisburg, PA 17102 (717) 234-4178 , ~< ~iot~~.", ~, n HfHI1 L ,,~.~~j= ~U!J.:lL. _ ~_ "~ tf"''''''','''-'Y -- ~ ",,,~11 )M~.~1li~!~Ire;&,g1~"~f -,"- "~--"'" '><,,- -, - "l/II;" .~,IHl'li'JIli__ ,. . , , (:.J ~ ~ t --a ~ , 0 C) (") c.' r,) 'T1 0 C -~,.. ~_!~.. ~ 0... "L~ T) r' ~ -UC;,,:; ~ ~ rnr---J ;~J ,(;-; ~ 21-, ~ 2: co _1'>-;-," (f) ~\~} 3 ...J ~ r: ,- " ,'" ';::J,j " -... r '" " (~) (U' it~! (~{rl '" ff' R' L c- ~!J ~ -.1 (Po =-< -< r--, ~~,., ,-- ~,~- ""' ''''''"''~''''"''' - " '- " ',,, ~ ':i>, . '. . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2001 6580 HOMESIDE LENDING INC. F/K/A BANCBOSTON MORTGAGE CORPORATION, PLAINTIFF TOTAL AMOUNT OF JUDGMENT $78,188.25 ;~ Interest at $17.09 per diem to sale date $ 3,178.74 Late charges at $28.43 per month to sale date $ 142.15 Escrow Deficit $ 2,000.00 TOTAL $83,509.14* VS. SHERRY K. McCLEAF AND JASON N. SHINDLEDECKER, DEFENDANT(S) *SALE DATE: WEDS.,June 5, 2002 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above Date: March 13, 2002 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Leon P. Haller PA I.D. #15700 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description Known as 158 NEIL ROAD, SHIPPENSBURG, PENNSYLVANIA 17257. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY K:\MKF\DOCS\CUMBERlA\SHERRY.W " t4\~j*~;jM!;!tiH~K~' rr " ,. ~~~!i~t!!liliil'i,;'OO[m<fr.j~j$;iiE;l'''~~;#i;","'''' ." ~"'<" '.''''';-;ii'''''";i,,,",;.j'''i'''''",'''->i!,(j~~~l&I~'illiic~~lijJi~ .~>- ~.~~' .JB! ...... .. ~ r .., r 0 ;Cq ~ Ct.,l 1v ...0 ~ 'Y ::0 ~ ~ ofQ" l >-... ..... ~ ~ Co ~ d 8 ~ ~ f' 0 C:,\ ~ ~ ~: r'.) 0 'i:r\ ~ 0 0 ':':H: 0 U('O -,:r,.. -- * I I I i l) nlfT" ~~::'.:J 9,j I I I Z::i; :', ~ f.- {} 7r 1"-1 .'D ~F! CrJ):." .. , -,'-.-' ~ -~ ~ ~ " ~ -<:.:. _:,(-) ..:( !:l , r.:::<- '" " -'0 -.J , >r-, :;ill: ';-=c;() ~ ..:: , , " ~\~ ~0')nl "" ~ " -" , ~ ;~ "" :gi r. ::-0 ". en -< 'i",l~.,.;L;t"~~: ;~ff~.!1L .,U".$', . ~t)1ll1~.~ <~Ci,~" -,.'; -""1",.,"'l'1,'?>~';'-\{1'",,,~,~ :<,.~-:/",".,'_', _ ,'.' M. . - .~ '-' ,.~ '.'~!.'iiUIll "r _~u ~ ~o . j, Iliil' <,- ~" "~, 'i~;'~~!@~lk_, .' ALL that certain lot or parcel of ground situate in' Southampton Township, Cumberland County, Pennsylvania, together with the improvements erected thereon, bounded in accordance with Preliminary Final Subdivision for Guy Johnson prepared by Wilbur H. Clifton, R.S., which said Subaivision plan has been approved by the appropriate municipal" authorities and, is filed in Cumberland County Plan Book 38, Page 32, whereupon the herein to be conveyed lot is referred to as Lot No.1. BEGINNING at a spike in the centerline of public road known and designated as Legislative Route 21050 at corner of lands now or formerly of Dorothy M. Johnston; thence along centerline of said public road, South 13 degrees 21, minutes 32 seconds East, 62.50 feet to a spike at the edge of lands now or formerly of George Cubb1er; thence along lands now or formerly of George Cubbler, South 85 degrees 00 ,minutes West, 230.00 feet to-'an iron pin; thence continuing by same, North 11 degrees 54 minutes 52 seconds West, 94.60 feet to an iron pin; thence continuing by same, South 87 degrees 8 minutes ,12 seconds East, 30.00 feet to an iron pin at corner of lands now or formerly of Dorothy M. Johnston; thence along lands now or formerly of Dorothy M. Johnston, South 87 degrees 8 minutes 12 seconds East, passing through an iron pin at edge of dedicated riglolt of way l.fne, 204.50 feet to the railroad spike" the point and place of , BEGINNING. . CONTAINING 17,837 square feet less the hereinafter referred to dedicated right of way. . UNDER AND SUBJECT to a dedicated right of way line and curve dedicated right of way as shown on the aforesaid plan. UNDER AND SUBJECT to the right of ingress, egress and regress over the' easterly side of "Curve,A" as shown on said plan and referred to in deed from Guy and Kearn R. Johnston, his wife, to George W. Cubbler and Anne J. Void, as.',j,oint tenants with the right of survivorship, dated the 12tn day'.6t; June, 1980, and recorded in Cumberland County Deed Book "Z" ,,' ,Volume 28 at Page 536. HAVING thereon erected a dwelling house known and numbered as 158 Neil RoaQ., Shippensburg, Pennsylvania 17257. BEING THE SAME PREMISES WHICH William MacCready, Jr. and Janice L. MacCready by deed dated 7/24/95 and recorded in Deed Book 126 Page 369 granted and conveyed unto Jason N. Shindledecker and Sherry F. McCleaf. TO BE SOLD AS THE PROPERTY OF JASON N. SHINDLEDECKER AND SHERRY F. McCLEAF ON JUDGMENT NO. 2001 6580. PARCEL: 39-14~0169-021 - ;miiil~fli~.~j~im.rk41~!i9i~,''t:;i;,;;.,'iB'd,t.j'~-~!i:~&1-~;f", C,;ji,U".'I'Y'-, "_"Jili~;Q1'"fdi1tW",i'.j!i:~h~r""-,j;'",\W~~.J:. W~ri""~I"""'~51.~_ilfJjlliillllil:~~,I"~'-'-'~<" ~-''[jl; (") c <: ""'Or--;:" Illn=; Z:T-, :;::, S} ~~';~ GC~ )7>-- Zl...) )> ~~~ 7": ::;J ~ ~,".."JLIU"..IDLit MtUlJ ~I .. ,..^"'....,,~,,<..',','''' "" ,,'"'''''' ",', ,....." . ~,. -~ ,", '""" ". CJ r'\,) ~ "'.1-'" (') -rj ~ -n :'0 G.,.'"' T, -, -0 "r, "l() ,_",j'C' \..,j Ul p- :1.] -< ~ -, t ,~__" . !aihiii'~~tllt~i);, HOMESIDE LENDING INC. F/K/A BANCBOSTON MORTGAGE CORPORATION, : PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. SHERRY K. McCLEAF AND JASON N. SHINDLEDECKER, DEFENDANTS CIVIL ACTION - LAW 2001 6580 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 158 NEIL ROAD, SHIPPENSBURG, PENNSYLVANIA 17257: 1. Name and address of the Owner(s) or Reputed Owner(s): Sherry K. McCleaf 9 Chestnut Grove Road Shippensburg, PA 17257 Jason N. Shindledecker 18817 Main Street Dry Run, PA 17220 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) : Cityscape Corp. 565 Taxter Road Elmsford, NY 10523-2300 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record ~ " ~ '~!i!.r - ".li!~~~;~" . . interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. / ~~/ Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 13, 2002 ~' ~~~~I~@;1i"'''',}~li1.1ilJfjj,<~f'jj~;....!t''''i",jj;:i;B?,7.!''-'-''' ,-;""~"",;:':;-:;j,~;:;,t"-"";~,N,~;~,,':k;,,,i&w~';it-i;~~t8iiklli1llilw;~~~~__.jE~,,\,'i!i\~ ~~~ "o)~c;""g:J.JJ,iJ. .ilUlJUm Ill,: ,un ll! UI_"",,,,,,,,''''N'''o',n'',..'''..~,...,,, ""'_ ,..". Q <;:,' -O~::J rtlr-! ~~.. l~.C~' ~t~: ;2: -1 -- .. - 1-'~' r0 --:1';;', --r":,,' -)J , , n -'-q c.":' - ~.::- 0', "~",,"-'IIIOl"'~.li~~~~-~~ ,-- .'~ 11: -'~~~~~~~~-m-i','_' , HOMES IDE LENDING INC. F/K/A BANCBOSTON MORTGAGE CORPORATION,: PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENrSYLVANIA CIVIL ACTION - LAW 2001 6580 VS. SHERRY K. McCLEAF AND JASON N. SHINDLEDECKER, DEFENDANTS IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: . That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, June 5, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) , THE LOCATION of your property to be sold is: "i ')~ 158 NEIL ROAD SHIPPENSBURG CUMBERLAND COUNTY PENNSYLVANIA , " _\'1 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2001 6580 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: K:IMKFIOOCS\CUMBERLA\SHERRY.NOS :,'y~~a'~ _l.-,_ _.'~ ^. ~ ~ ~ ~ '"' --. , ">'~~iil1M'iiJM;lihJ; SHERRY K. McCLEAF AND JASON N. SHINDLEDECKER A SCHEDULE OF DISTRIBUTION, being a list of the persons and/Qr 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 ASSo9iation 2 Liberty Avenue . " Carlisle, Pennsylvania 1701:3: '. 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. ,!"'''-'~_.h .......... ~ . ~ J .. '~1~l>JM '_.""M""""'"'\>1fl~-'~!"'e_, 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 .l """.',"i~ ~iillii~ """"'~, ~ '-~ ~"",~.'t~~--~j I. ~ .. , ,.., '"'.......~~W!.~1J"; , ALL that certain lot or parcel of ground situate in, s~uthampt~n Township, Cumberland County, Pennsylvania, together w~th the ~mprovements erected thereon, bounded in accordance with Preliminary Final Subdivision for Guy Johnson prepared by Wilbur H. Clifton, R.S., which said Subdivision plan has been approved by the appropriate municipal authorities and is filed in Cumberland County Plan Book 38, Page 32, whereupon the herein to be conveyed lot is referred to as Lot No.1. BEGINNING at a spike in the centerline of public road known and designated as LegislatiVe Route 21050 at corner of lands now or formerly of Dorothy M. Johnston; thence along centerline of said public road, South 13 degrees 21 minutes 32 seconds East, 62.50 feet to,a spike at the edge' of lands now or formerly of George Cubbler; thence along lands now or formerly of Geor~e Cubbler, South 85 degrees 00 minutes West, 230.00 feet to~an iron pin; thence continuing by same, North 11 degrees 54 minutes 52 seconds West, 94.60 feet to an iron pin; thence continuing by same, South 87 degrees 8 minutes ,12 seconds East, 30.00 feet to an iron pin at corner of lands now or formerly of Dorothy M. Johnston; thence along lands now or formerly of Dorothy M. Johnston, South 87 degrees 8 minutes 12 seconds East, passing through an iron pin at edge of .dedicated right of way line, 204.50 feet to the railroad spik~, the point and place of BEGINNING. CONTAINING 17,837 square feet less.the hereinafter referred to dedicated right of way. ' UNDER AND SUBJECT to a dedicated. right ,of way line and curve dedicated right of way as shown on the aforesaid plan. UNDER AND SUBJECT to the right of ingress, egress and regress over the easterly side of "Curve A" as shown on said plan and referred to in deed from Guy and Kearn R. Johnston, his wi~e, to George W. Cubbler and AnneJ.' Void, al;;;.,joint tenants with the right of survivorship, dated the 12th daY':Q:,f June, 1980, and recorded in Cumberland County Deed Book "Z.I:,'" Volume 28 at Page 536. ~. HAVING thereon erected a dwelling house known and numbered as 158 Neil Road, Shippensburg, Pennsylvania 17257. BEING ,THE SAME PREMISES WHICH William MacCready, Jr. and Janice L. MacCready by deed dated 7/24/95 and recorded in Deed Book 126 Page 369 granted and conveyed unto Jason N. Shindledecker and Sherry F. McCleaf. TO BE SOLD AS THE PROPERTY OF JASON N. SHINDLEDECKER AND SHERRY F. McCLEAF ON JUDGMENT NO. 2001,6580. PARCEL: 39"14-0169-021 h~~lj{iI!li.!1P1l1~;:j,.iJnli!iWt,~y,&ita~~_'i4Mi"'';'! "':,':l'c'~'.b.':'''''<I'';''IU'c;@-'i'',*'''il!i:frl<~j\t~milM___~~&1li~ilollil~~1iifi.~_I!!:~1@'-*:tf ~ ~ ~",!l\J;1,j.l~, f! o ~; ""-- "'"0\:';'; rn-r'\ -/+1; ~.7r-'- (i~! ~f;': ~S~ s.:;(~-= z :<l _ L ="'~ ,."~,~,.-, .,d,^"'",c,";l,;!l."_=,'",.,", ~ , -""~ ,." C) r',,) ~: .,.-,. :'~'J -~ -~ -q GC ----:,"1 .-;.~ ~- :::- 01 ---- f,'"",.;", l' ,,', , '"""", '~- JliiItl". .c, V",-,-..'~,'k,'lfwillj,io-" HOMESIDE LENDING INC. F/K/A BANCBOSTON MORTGAGE CORPORATION,: PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. SHERRY K. McCLEAF AND JASON N. SHINDLEDECKER, DEFENDANTS CIVIL ACTION - LAW 2001 6580 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I ha~~ fteposited in the U.S. Mails at Harrisburg, Pennsylvania on 4-UZ.-~, 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: Sherry K. McCleaf 9 Chestnut Grove Road Shippensburg, PA 17257 Jason N. Shindledecker 18817 Main Street Dry Run, PA 17220 Cityscape Corp. 565 Taxter Road Elmsford, NY 10523-2300 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ,= ,--.~ ,.~ ~, ,-, J ~- ,- ';"''''',- -, '-<";ll:~W'~ .,. JOHN W, PURCELL flOWARD 8, I,RUG LEON P HALLER .I01.IN W, PURCELL .IR BRIAN .I, 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: Sherry K. McCleaf 9 Chestnut Grove Road Shippensburg, PA 17257 Jason N. Shindledecker 18817 Main Street Dry Run, PA 17220 Cityscape Corp. 565 Taxter Road Elmsford, NY 10523-2300 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 you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff's Sale. ~ By: 'Leon P. aller PA I.D.15700 Attorney for Plaintiff ",. - ~ "_ u., :' ~- , -. " ~'f ,- ~1IIOO~ii%"Wj;- HOMESIDE LENDING INC. F/K/A BANCBOSTON MORTGAGE CORPORATION, : PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. SHERRY K. McCLEAF AND JASON N. SHINDLEDECKER, DEFENDANTS CIVIL ACTION - LAW 2001 6580 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: . That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, June 5, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 158 NEIL ROAD SHIPPENSBURG 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 6580 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: K:\MKF\DOGSIGUMBERLAISHERRY.NOS "" '~-, - ~, .w ,,1,.,.'!:#,'gw;8lo,$:'-$:-f;.' SHERRY K. McCLEAF AND JASON N. SHINDLEDECKER A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. ~1 ~.,n,,,,,,, h~ ~ _I, , '" _ "" I' J- -, ~_~__ 1----- "d-,.'.ll;~; 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ,;*-~. <'"'<~"i "'~"I .~..~ <.~ _...i "' """ ~U_....~C~ ~l.J."""~.'~=' .;~ .,;.,j_,_~~~'t""'it~W.iW~I,' . ALL that certain lot or parcel of ground situate in Southampton Township, Cumberland County, Pennsylvania; to,ether with the improvements erected thereon, bounded in accordance with Preliminary Final Subdivision for Guy Johnson prepared by wilbur H. Clifton, R.S., which said subdivision Plan has been approved by the appropriate municipal authorities and is filed in Cumberland county Plan Book 38, Page 32, whereupon the herein to be conveyed lot is referred to as Lot No.1. BEGINNING at a spike in the centerline of public road known and designated as Legislative Route 21050 at corner of lands now or formerly of Dorothy M. Johnston; thence along centerline of said public road, South 13 degrees 21 minutes 32 seconds East, 62.50 feet to a spike at the edge of lands now or formerly of George Cubbler; thence along lands now or formerly of Geor~e Cubbler, south 85 degrees 00 minutes West, 230.00 feet to'an iron pin; thence continuing by same, North 11 degrees 54 minutes 52 seconds west, 94.60 feet to an iron pin; thence continuing by same, South B7 degrees 8 minutes 12 seconds East, 30.00 feet to an iron pin at corner of lands now or formerly of Dorothy M. J~hnston; thence along lands now or formerly of Dorothy M. Johnston, South 87 degrees 8 minutes 12 seconds East, passing through an iron pin at edge of dedicated right of way line, 204.50 feet to the railroad spike, the point and place of BEGINNING. CONTAINING 17,837 square feet less the hereinafter referred to dedicated right of way. UNDER AND SUBJECT to a dedicated right of way line and curve dedicated right of way as shown on the aforesaid plan. UNDER AND SUBJECT to the right of ingress, egress and regress over the easterly side of "Curve A" as shown on said plan and referred to in deed from Guy and Kearn R. Johnston, his wife, to George W. Cubbler and Anne J. Void, as joint tenants with the right of survivorship, dated the 12th day of June, 1980, and recorded in Cumberland County Deed Book "Z", Volume 28 at Page 536. HAVING thereon erected a dwelling house known and numbered as 158 Neil Road, Shippensburg, Pennsylvania 17257. BEING THE SAME PREMISES WHICH William MacCready, Jr. and Janice L. MacCready by deed dated 7/24/95 and recorded in Deed Book 126 Page 369 granted and conveyed unto Jason N. Shindledecker and Sherry F. McCleaf. TO BE SOLD AS THE PROPERTY OF JASON N. SHINDLEDECKER AND SHERRY F. McCLEAF ON JUDGMENT NO. 2001 6580. PARCEL: 39-14~0169-021 "'1 ;,~~ " <"""~..,~ _\IIf"""" ~~. " I . ~ , >-. . I "- "~"lIJlllilil~"""k._';:;;"b";;,~1d."..W";:'" ~ Re: Homeside v. McCleaf/Shindledecker Cumberland Sales 6/5/02 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In co~pliance 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: Sherry K. McCleaf 9 Chestnut Grove Road Shippensburg, PA 17257 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In co~p1iance with Postal Servic,e Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Jason N. Shindledecker 18817 Main Street Dry Run, PA 17220 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: Cityscape Corp. 565 Taxter Road Elmsford, NY 10523-2300 , . -~ . , \~ , . , \~ 5 .~\~ , ,~~. -~ \~ '"l'h'/ ;~:~:\':,:o, L-'-'---.-,. "".~",~1-....",_ ~~,.. . . - . ~" ~. ,L ......._. I" , 1. -,......,;;~"~-."~~ ~"R~""o~ U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: purcell, Krug & Haller 1719 North Front Street Barrisburg, PA 17102 One piece of ordinary mail addressed to: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Postage: . Postmark: L-=:::-----..-_ . . << :".;,';J. . _ "" >~'- "'it~.'~'. ,...<ifiU~:u~t~faiw~iM~.(!ffi1>;;1l3EilY~,",&','" "'f,':L,,,,.., ';i-i:{.-"7".i,,-/-&'-j;i~I~~~~lr-''': ifi' "'....d..~_~~J::.iliilil~Wftl~'.~"" ~-~_[lJi.~~1fjr -." ."- , . , (") C) 0 ::~: i~,J Tl :l-'1: "-j "<:."; C ! ;:--"" --,- IT f'l '"< r-r1 ~ "" ""---=- ", ~g U? .. m ~:; ~) ~:-? ;.-' 7 C"- , , (3 ; " j;" L_ ,:',.J ---;,. c;::! ~- '"i :b -, '- -< ($ g;; ,;~~!:,T.,;.. J,",:,,~,,\~,~<, "'.," " "~,=, ~:_""""-~< .,"WM--"'-:"'~~';~:'7':-. "", """"'~_'>"",I .,,,,,,,,., ,,' '>'0"'-"1, "___"-';"~."O?: " ~_~~ . ". ,~~" "~^. _~, ,."' > '" ~,," ""C .....-.... '~ _L_'.'.II' . - ~~ .. . ./ STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ______________________________________________________________________________Ilecorderof Deeds in and for said County and State do 'hereby certify that the Sheriff's Deed in which ________________ Homeside Lending Inc f/k/a BancBoston Mtg Corp . ___________________________.________________________________________________________ d thegr.antee 5th the same having been sold to said grantee on the _______________________________________________ day of , June 2002 ________________________________________ A. D., ' _____, under and by virtue of a wril______________ Execution . 13th _________________________________ _____ ___ _______ ISSUed on the _ __________ __ ___ ____ ________ n_______ March 2002 clay of __________________________ A. D., _____, out of the Court of Comman Pleas of said County'as of Civil 2001 ______________________________..._________________ _________________________________ Tenn, : ._____ Homeside Lending TNc f/k/a BancBoston MTg Corp Number ___6.211.Q_______, at the suit of _ __ ___________ _ ______ __ _______ ________ _________ _ __ _____________ Sherry K McCleaf & Jason N Shindledecker ____________________________~______agai~t-------------___________________________~___________ q 252 2810 duly recorded in Sherifrs Deed Book No. ____________, Page ____________. IN TESTIMONY WHEIlEOF, I have hereunto rtt d and seal of said office this _2_______ day Deeds. ~,- ,""~X""'" ~=~: "" "~ .LL .t.lIIo: ~ .""....~""".~~~"'"01,?,'. ._1 .."""'"'~>-""" . Homeside Lending Inc. fik/a Bancboston Mortgage Corporation VS Sherry K. McCleaf and Jason N. Shindledecker In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6580 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on March 15, 2002 at 3:43 o'clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Sherry K. McCleaf, by making known unto Sherry McCleaf personally, at 3 I Gutshall Road, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Jason N. Shindledecker, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Real Estate Writ, Notice and Description according to law. FRANKLIN COUNTY RETURN: Gus Alexiou, Deputy Sheriff of Franklin County, Pennsylvania, who being duly sworn according to law, says, the within Notice of Sale was served upon Jason N. Shindledecker the defendant, at 10:32 am on the 20th day of March, 2002 at 18817 Main Street, Dry Run, PA 17220 by handing to Jason N. Shindledecker a true and attested copy of Notice of Sale and at the same time directing his attention to the contents thereof. So Answers: Gus Alexiou, Deputy Sheriff. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on AprilS, 2002 at 4:30 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Sherry K. McCleaf and Jason N. Shindledeckerlocated at 158 Neil Road, Shippensburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Sherry K. McCleaf, by regular mail to her last known address of 31 Gutshall Road, Shippensburg, PA 17257. This letter was mailed under the date of April 04, 2002 and never retumed to the Sheriff s Office. T .t~ -'"' ~-~ ~~ JI, .m"'~___,~"",.""""~.:,.,,,,,,,~,,,:,,;,,., ~J.~"~",(_, -~ R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Jason N. Shindledecker, by regular mail to his last known address of 18817 Main Street, Dry Run, PA 17220. This letter was mailed under the date of April 15, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5' 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon Haller for Horneside Lending, Incfi'k/a BancBoston Mortgage COI]Joration. It being the highest bid and best price received for the same, Horneside Lending, Inc., fi'k/a BancBostson Mortgage COI]Joration of 8120 Nations Way, Building 100, Jacksonville, FL 32256 being the buyer in this execution paid SheriffR. Thomas Kline, the sum of$1000.00, it being costs. Sheriff s Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Service Certified Mail Levy Surcharge Out of County Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 6.30 15.00 15.00 30.00 10.00 .50 1.00 24.84 1.81 15.00 30.00 9.00 442.10 289.75 25.20 25.00 29.50 $1000.00 paid by attorney 07/01/02 Sworn and subscribed to before me So Answers: This /21%"dayofQ.1 r~e..e<~~ ~ i ~ R. Thomas..Kline, Sheriff 2002, A.D. __, Q {~ I rl, J (' ~f ( Pro onotary BY ~~ ~, Real Estate Deputy ~ (;.,)~ $0 ' ~.~ C<<.. 3' ~ '1L.. pp'1Jft.1. m J:~' ..' fl~ ~ '-'--" L.....o.i. - I ~_""""'. ;..".;J,~'," <"'-_0 "~lIHIrr]L:>;-- " ~ A. HOMESIDE LENDING INC. F/K/A BANCBOSTON MORTGAGE CORPORATION, : PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. SHERRY K. McCLEAF AND JASON N. SHINDLEDECKER, DEFENDANTS CIVIL ACTION - LAW 2001 6580 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 158 NEIL ROAD, SHIPPENSBURG, PENNSYLVANIA 17257: 1. Name and address of the Owner(s) or Reputed Owner(s) Sherry K. McCleaf 9 Chestnut Grove Road Shippensburg, PA 17257 , Jason N. Shindledecker 18817 Main Street Dry Run, PA 17220 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~e sold: ,,:1, .....'1 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) : Cityscape Corp. 565 Taxter Road Elmsford, NY 10523-2300 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record ~ '" "-~-: " ~. ~ .~-..< ~= ",( .1___' J" iB.l;.~~~~-""'f<!<,.~,..;,..;;'t...;.'':;'''.t~'. ,. , ( " interest in the property and whose interest may be affected by the sale: 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 v~rify that the statements made in this Affidavit are true and corr~ct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. ~p ~z::c: ./ . Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 13, 2002 ,:I, ," """""'....:Lol~~-..,;~, . ~~ ""-~ " -~""=~ ~ .- '~Il ~'" I f<&iiJ,@tl<o~,,*,~Jtt:e''- " 1': , , . HOMES IDE LENDING INC. F/K/A BANCBOSTON MORTGAGE CORPORATION, : PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENtorSYLVANIA CIVIL ACTION - LAW 2001 6580 VS. SHERRY K. McCLEAF AND JASON N. SHINDLEDECKER, DEFENDANTS IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: . That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, June 5, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be s61d is: 'j"1 , ", 158 NEIL ROAD SHIPPENSBURG CUMBERLAND COUNTY PENNSYLVANIA " r THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2001 6580 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: K:\MKF\DOCS\CUMBERLA\SHERRY.NOS .~~ ""~,,l;'-~~'-~-' ",J.:.. ~ .. ,. :1- *lllIRiii;'. 1!~.Mi'~:i.~1i;$"",-j,- " , , SHERRY K. McCLEAF AND JASON N. SHINDLEDECKER A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to recei ve pal't 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 a~s 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 h~ve 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 AssoGiation 2 Liberty Avenue . " Carlisle, Pennsylvania 1701~. 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. "l""","~___",,,,,~,jJ, 1 - ~"'. ~,=~_..~"~ 'N -- "~ "~-' , " , ,J ".j,if~ "[ '....., '!lIi~:.i..,.*;"v r , ,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 ';', -..;'1 '_k<lM"'''~~ ~ _u ~ L; ~...~,""""""' k' .........., ~-- ~ ~"'-' --1-. <"'l:ig,k,~p'", .' r l ALL that certain lot or parcel of ground situate in, Southampton Township, Cumberland County, Pennsylvania, together with the improvements erected thereon, bounded in accordance with Preliminary Final Subdivision for Guy Johnson prepared by Wilbur H. Clifton, R.S., which said subdivision Plan has been approved by the appropriate municipal authorities and is filed in Cumberland County Plan Book 38, Page 32, whereupon the herein to be conveyed lot is referred to as Lot No.1. BEGINNING at a spike in the centerline of public road known ,and designated as Legislative Route 21050 at corner of lands now or formerly of Dorothy M. Johnston; thence along centerline of said public road, South 13 degrees 21 minutes 32 seconds East, 62.50 feet to a spike at the edge' oflarids now or formerly of George Cubbler; ,thence along lands now or formerly of George Cubbler, South 85 degrees 00 minutes West, 230.00 feet toJan iron pin; thence continuing by same, North 11 degrees 54 minutes 52 seconds West, 94.60 feet to an iron pin; thence continuing by same, South 87 degrees 8 minutes 12 seconds East, 30.00 feet to an iron pin at corner of lands now or formerly of Dorothy ,M. Johnston; thence along lands now or formerly of Dorothy M. Johnston, South 87 degrees 8 minutes 12 seconds East, passing through an iron pin at edge of ,dedicated right of way line, 204.50 feet to the railroad spik~, the point and place of B~rn~NG. ' CONTAINING 17,837 square feet less the hereinafter referred to dedicated right of way. ' UNDER AND SUBJECT to a dedicatedrigh:!; of way line and curve dedicated right of way as shown on the aforesaid plan. UNDER AND SUBJECT to the right of ingress, egress and regress over the easterly side of "Curve A" as shown on said plan and referred to in deed from Guy and Kearn R. Johnston, his wife, to George W. Cubbler and Anne J. Void, as;joint tenants with the right of survivorship, dated the 12th day,qf June, 1980, and recorded in Cumberland county Deed Book "z,t:,:" Volume 28 at Page 536. ' ,.: HAVING thereon erected a dwelling house known and numbered as 158 Neil Road, Shippensburg, Pennsylvania 17257. BEING THE SAME PREMISES WHICH William MacCready, Jr. and Janice L. MacCready by deed dated 7/24/95 and recorded in Deed Book 126 Page 369 granted and conveyed unto Jason N. Shindledecker and Sherry F. McCleaf. TO BE SOLD AS THE PROPERTY OF JASON N. SHINDLEDECKER AND SHERRY F. McCLEAF ON JUDGMENT NO. 2001 6580. PARCEL: 39-14-0169-021 ",~ ~ ~.,. - , "L_ ~_.~ 'i""" .IJ''''" -. ~1~l.jf$",%-<\1ili:,lt"'-"~ WRIT OF EXECT:frION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 01-6580 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfY the debt, interest and costs due HOMESIDE LENDING INC. F!K/A BANCBOSTON MORTGAGE CORPORATION PLANTIFF(S) From SHERRY K. MCCLEAF AND JASON N. SHINDLEDECKER (I ) You are directed to levy upon the property of the defendant( s) and to sell SEE LEGAL DESCRIPTION OF PROPERTY (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the 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 himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due$78,188.25 L.L.$.50 Interest AT $17.09 PER DIEM TO SALE DATE $3,178.74 Atty's Comm % Due Prothy $1.00 Atty Paid $247.15 Other Costs LATE CHARGES AT $28.43 PER MONTH TO SALE DATE $142.15 ESCROW DEFICIT $2,000.00 Plaintiff Paid Date: MARCH 13, 2002 CURTIS R. LONG Prothonotary, Civil Division By: ~d- t'-~. f8 REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: 1719N. FRONT ST. HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ill No. 15700 """'- ~:~ (1\-="\, I,Joo. /. ~9 ~;-,r, C.,~ cO , 4: ';, ;;- \.1)1..,:. ~ :3-:::j ~ ,,-,; i? \~ o ,j._,~,~"., =,1 = ~_,~ ,~ ,-"",..:;~;,'Y,:: ; ,~"',-,,'!':'--',-. '.- ';_'",;:.9i<'W'Ii.L1itk.j,,*.;;.t,~~~'';'N:b",:ili'iii;'>t,,t;g;~'>j~1''\''I'''",,,,~,,,*:~.w~~'*~j~ '"" Real Estate Sale #53 On March 14, 2002 the sherifflevied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA known and numbered as 158 Neil Road, Shippensburg and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 14,2002 By: J()AIJj'~ Rea(&tate Deputy .i'';'' '';::- "J ",~) Cv ^ _^"".. ,'".n_~~"",,,,,,-"_ ,..,~o~"" ~"d,,' ,- -},~ _ ,~"",,___,..,,^ ",>",,_o~,_,,~ _"'h'_"'>""", ,_,-_,--,",,~ " - - ,_,_" _'p " .' "_," '_',_, ,'_',,' 'I, :-'-'-", '_""" ~~. III!!';' - ~. 11:.:,:J ' ~, ~ THE --.,.1, "-"~), ::', . ;x~n,',-:' t.,~ THE PATRIOT NEWS SUNDAY PATRIOT NEWS ",1_ - j'" ~I "'<;,d~';jl:!.fii' """",,"1lO"I-'-"~'~" ."J" . Proof of Publication Under Act No, 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and exisfing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circuiation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s} of April 2002 and the 7th day(s} of May 2002, That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement 'on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SALE #53 y commission expires June 6, 2002 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 $ 288,00 1.75 289,75 Publisher's Receipt for Advertising Cost The Patriot News Co" publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid, By.......,..."""",.,...,.....,.,.,.,.,...,.,.,.,.,.,....,.,.\.,.,. ----"'-'- ---.~- ,-- -'-~ ~ REAL ESTATE SALE No. 53 - - - -' -- . W_ritN9..200f-6580 ~---~ - -'.. .' CivllTerm .HQrneslde LlIDding Inc. IMa 8ancbostoll ~o~~age Corp. . vs Sherry K. McC~eaf and Jason N. Shll;uUedecker ,;... : _.... A!lY: LearP. Haller - 'bEScRll1rON' .:r - "'ALl. THAT CERTAIN 101 or parcel of ground situate in Southampton Township, Cumberland County, Pennsylvania, together with the improvements '_-erected thereon, bounded in accordance with """ Preliminary Fmal Subdivision for Guy Johnson ~2ared, by ~bur ft. 9i~Oll, RS., which said ~uodiVisfon Plan ~_been approved by the ~--.::.:a.PPfOpriate municipal authorities and is filed in ~ Cumberland County Plan Book 38. Page 32, whereupon the herein to be conveyed lot is referred ::-to-aslotN'o.l. ~~~'I\rrNn atJ! spi!re in the- cente~line.of pu. bUe :..::... - known and desIgnated as LegIslative Route ~JS!5!1ilLC,Q[Ill![ oflaI!ds n~ or fonnerly of Dorothy ~M,Johnston;thencealongcenler1ineofs'aidpublic = 'rOad,_South13deg~tUminutes32secoD(is-East, ~~62.50 fed to a spikuLlhe...edge of lands now or formerly of George Cubbler, thence along lands now _orJonnerly of George Cub~ler, South 85 degrees 00 ~illUle.LWest, 230.00 feerto an irqn pin; thence n-OlillllUlrrgby same; North ! 1 degrees 54 minutes 52 ~sec.olllls..JYest,_94.60 feet to an iron pin; thence sameto~guth 87 degrees 8 minutes 12 3_0. 'feet f~an Iron pin 31: comeroe formerly of Dorothy M. Jolll1ston: T _ _ ___ _ o_~ formerly (,If Dorotfiy M. ~JQJiris.toil, south 87'degree,o 8 minutes 12 seconds ~~;paSsingthrougl1ani!oDpinatedgcofdedicated ~t,__of-.wayline,2~jineettotherailroadspike, - thepointandplaceofl: :GINNING. -:-.tONTAINING 17,8~7 square feet less the '"7l1TcdnaIref'tefei'red_tQ dedicated right-of~way. - - UNDER AND SUBJECT to a dedicated right-of-way !Fline and curve. dedicated right-of-way as shown on tlie-afciresaidplan. . l..[NDER AND SUBJECT to the right of ingress, ~~t'CSr.lfid regress overlhe easterly side of "Curve A" =<IS shown on said plan and referred to in deed from Ouyand-Kearn'R: Joliiriton, his wife, to George W, E"- Cu_bb1.er and,AllI\e 1. Void, as joint tenants with the ~gbn;f surviVOrship, dated _the 12th day of June, ~ 1980, and recorded in Cumberland County deed Book "Z:', volume 28 at Page 536. ;~liAYING'Uiei'e'on erected a dwelling bouse known ~llUtifberea--as--158- Neil Road, Shippen~burg, ~illnsyl...aniaI7257, ;""~ ~ THE same premises which William :-""- - -ady; Jr. and Janice~L. MacCready by deed ;:Jfa_@...1L24125 and recm:dedJ.n,_Deed Book l26 Pa~ ~o9'-o---~nfid and conveytd unto Jason N. -smndl;deckCrailaSlierry.E McCleaf. ~Q__BE SOLD as th(: property of Jason N. ~iijiJ.e_aJ;~~r and Sherf)"F. McCleaf on Judgment ~NO:'20016580, "'P'Ail.CELNo,: 39-14-0169.021. E_~' =-~~ ~=O~ .;:::.:.~ 1,>""..-"" _0 "'.____;- Jo ~,,~w, '.".c.>.-~ " ".- ,~. ,-. ,-'-;' -~,i~i 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. Morgenthlll, 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 an 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, V1Z: APRIL 26, MAY 3, 10,2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true, ~)~ R6ger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002 NOt , LOIS E. SNYDER. Nolmy PubIlc CarIlsle Bom, ~ County My CoIlilIlisliion Expi~ Men:tl5, 2005 ., -," -"",-. ,-,,'-,- ".1--"" ":-ie--", "-.~"~7'~ '.J___~~.' ~""',~~,r;>i.%:,?, _~A1li8ALE NO. 53 Writ No. 2001,6580 Civil Homeslde Lencllng Inc.. f/k/a Bancboston Mortgage Corporation vs. Sherry F, McCleaf and Jason N. Shindledecker Atty.: Leon p, Haller ALL that certain lot or parcel of ground situate in Southampton Township, Cumberland County, Pennsylvania, together 'With the im- provements erected thereon. bounded in accordance with Pre- liminary Final Subdivision for Guy Johnson prepared by Wilbur H. Clifton. R.S.. which said Subdivl, sion Plan has been approved by the appropriate municipal authorities and is ffied in Cwnberland County Plan Book 38, Page 32. whereupon the herein to be conveyed lot is re- ferred to as Lot No.1. BEGINNING at a spike in the centerline of public road known and designated as Legislative Route 21050 at comer of lands now or formerly of Dorothy M. Johnston: thence along centerline of said public road, South 13 degrees 21 minutes 32 seconds East. 62.50 feet to a spike at the edge of lands now or fonnerly of George Cubbler: thence along lands now or formerly of George Cubbler. South 85 degrees 00 mjn, utes West. 230.00 feet to an iron pin: thence continuing by same, North 11 degrees 54 minutes 52 seconds West. 94.60 feet to an iron pin: thence continuing by same, South 87 degrees 8 minutes 12 sec- onds East, 30.00 feet to an iron pin at comer of lands now or formerly of Dorothy M. Johnston: thence along lands nov.r- 01' formerly of Dor- othy M. Johnston, South 87 degrees 8 minutes 12 seconds East. passing through an iron pin at edge of dedi- cated right of way line. 204,50 feet to the railroad spike. the point and place of BEGINNING. CONTAINING 17,837 square feet less the hereinafter referred to dedi- cated right of way. ' UNDER AND SUBJECT to a dedi' cated r~t of way, line and curve , l.tedicated right of way as shown on the aforesaid plan, UNDER AND SUBJECT to the right of ingress, egress and regress over the easterly side of "Curve A" as shown on said plan and referred to in deed from Guy and Kearn R Johnston, his wife. to George W. Cubbler and Anne J. Void, as joint tenants with the tight of SurviVor- ship, dated the 12th day of June. 1980, and recorded in Cumberland Coun1y Deed Book "Z". Volume 28 at Page 536. HAVING thereon erected a dwell- ing house known and numbered as 158 Neil Road, Shippensburg, Penn- sylvania 17257. BEING THE SAME PREMISES WHICH WiIllam MacCready, Jr, and Janice L. MacCready by deed dated 7/24/95 and recorded in Deed Book 126 Page 369 granted and conveyed unto Jason N. Shindledecker and Sherry F. McCleaf, TO BE SOLD AS TIm: PROPER, IT OF JASON N, SHINDLEDECKER AND SHERRY F, McCLEAF ON JUDGMENT NO. 2001 6580, PARCEL: 39,14,0169,021.