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HomeMy WebLinkAbout01-6580HOMESIDE LENDING, INC. F/K/A BANCBOSTON MORTGAGE CORPORATION Plaintiff vs. sflERRY K. MCCLEAF AND JASON N. SHINDLEDECKER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and f~l~g~riting with the court your defenses or objections to the claims set forth against you. You are warned that ffyou fail to do so ~ ~e~. ,$~tmay 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, ,STRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION ~NTRA LAS QUEJAS EN ESTA DEMANDA. ~'!~i~ RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU ~R~PACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y l'~ E~?UERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA 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 ~qOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 HOMES[DE LENDING, INC. F/K/A BANCBOSTON MORTGAGE CORPORATION, Plaintiff VS. SHERRY K. MCCLEAF AND JASON N. SHINDLEDECKER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; 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 SHEI' .i ,*~ S ( 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 attomey shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attomey within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff DE HOMESIDE LENDING, INC. F/K/A B~ANCBOSTON MORTGAGE CORPORATION, Plaintiff ?i :c" ~ vs. MCCLE, F JASON N. SHINDLEDECKER, Defendants COMPLAINT IN MORTGAGE FORECLOSURE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : ACTION OF MORTGAGE FORECLOSURE . 1. Plaintiff is HOMESIDE LENDING, INC. F/K/A BANCBOSTON MORTGAGE CORPORATION, a I?®~.* i. 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 '..individual whose last known address is P.O. BOX 202, DRY RUN, PENNSYLVANIA 17220. 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. .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 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 further assigned to BANCBOSTON MORTGAGE CORPORATION and was recorded in the aforesaid i County in Book 518, Page 916. BANCBOSTON MORTGAGE CORPORATION is now known as HOMESIDE LENDING, INC. The land subject to the Mortgage is: 158 NEIL ROAD, SHIPPENSBURG, PENNSYLVANIA 17257 and is more particularly described in Exhibit "A" attached hereto. The said Defendants are the real owners of the property. 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 PRINCIPAL BALANCE Interest at $17.09 per day From 05/01/2001 To 12/01/2001 ( based on contract rate of 8.8750%) Accumulated Late Charges Late Charges $28.43 From 06/01/2001 to 12/01/2001 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $70,288.16 $3,657.26 $228.78 $170.58 $329.06 $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. Notice of Intention 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. ':t'0. 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. WltEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.8750% ($17.09 per diem), together with other charges andl.costs including escrow advances incidental thereto to the/~e of~Sheriff's Sale and for foreclosure and sale of the property within described. ~y~ ~ 'I' :. By: PURCELI~/KRU'G Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 ! ~ 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) ",to ol Pennsylvania ,n~y of'Cumbefla~d } SS ",,'(fed in the .office for tl~e my hand ALt that osrtSJn lot or parcel og ground eituate tn' ~Sou tlampton Township, Cumberland CounE¥, Pennsylvania, together~ .vii; the improvements erected thereon, bounded tn accordance with Pre tmtnary Final Subdivision for Guy Johnson prepared by WtZbu~- .H. qllfton, R,8., Which said Subdivision Plan has been approved; by the appropriate'municipal authorities and Is ' Cumberland Count~ ~lan Book 38, Page 32~ 'whereu on ~he here ~e ~onveyed lot is :r.ferred to as ~ot .o.l. P In ;, I. BEfZI'~?~G at a: spl~, In the o,ntsrllne of public ~oad kno~ aha ~es~gnaced as Leg/elablva Roues 21050 at corner og lands no~ ~r £~rmerly o~ Dorothy H, ~ohneeonl thence along oanterlin6 et , ~eald/publ£o road~ South 13 degrees 21 mlnuteg 32 seconds East, ' ~2.5~ £ae[ to a spl~e at the edge o£ lands no~ o~ Zogmerly o~ ~ubb~er, South 85 d~greee O0 mLnu~ee ~esb, 230.00 fee~ to an itoh p~nllthenoe continuing by same, North 11 de rea soo' ' g s 54 minutes B2 e ~ds ~est, 94.60.£ee~ to an 1ton pin/ [hence continuing by sameI South 87 degrees 8 minutes 12 seconds ~a$t~ 30.00 feet to '' ~n 1¥on pln at corner o~ lands now or Eormerly o~ Dorothy H.. ~obn~tonl [heace albng lands no~ or formerly of Dorothy ~. 4ohngton~ South 87 ~egrees 8 e~nutes 12 seoo~ds East, paeel~g ii, roUgh an 1~on p~n at edge o: dedicated :~ghb cE ~a¥ d04.~0 feet to the railroad ap~ke~ ~he point and place o~ ICONTAZ~NG 17~37 square feet lees the heretnagter re,erred: o d~diaated right o£ ~ I SUBJECT to a dedicated right of way line and curv~ qediqstad right o£ ~ay ae shown on the aforesaid plan. i IUNDER AHD BUBJ~c~ to the right o£ [ngrese, agrees and ~egr~es over the ealterly side of "Curve A" aa shown ~, ~.{~ · ~nd ~eferred to in deed ~rom Guy and ~a=~ ~ - ~ . -- -7-- ........ uonna=on, h&e wl£et ~o G~orge W. Cubbler and Anne J. Vold~ ae joint tenants with righ= of eurvivoreh~p, dated the 12th d& of June 1980 end recorded in Cumberland County Deed Boo~ "Z" v~h,-. ~a .~ 5'36 i ........... o ~ Page flaYING thereon'erected a dv-''= ..... ab 1518 Nail Roadt ~lppensburg, Pennsylvania 17257. ~ OEIIIG that sam~ real estate that William and Janioa b. H~oCtaad¥, Jr., by their deed and intended to be recorded in the; O£fic a of the Recorder of Deeds of Cumberland County, P~nnsglvanla, prior~to Lhe recording of the mortgage, conveyed t~ Jason N. Shlhdledecker and sherry K, HoCleaf~ Nortgagora herein. .a00 .:][383 892 - , - 873 ~oo~i2 ~5 rail VERIFICATION I, Leon P. Hailer, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for the Mortgage Foreclosure are tree and correct to the best of my knowledge, information, and belief based upon information provided by HOMESIDE LENDING INC. FfK/A BANCBOSTON MORTGAGE CORPORATION, Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: November 19, 2001 Leon P. Haller, Esquire HOMESIDE LENDiNG, INC. F/K/A BANCBOSTON MORTGAGE CORPORATION Plaintiff VS. SHERRY K. MCCLEAF JASON N. SHINDLEDECKER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Civil Term 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 Leon P. Haller ~ 1719 North Front Street Harrisburg, Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 SHERIFF'S CASE NO: 2001-06580 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMESIDE LENDING INC VS MCCLEAF SHERRY K ET AL RETURN - REGULAR 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 9 CHESTNUT GROVE ROAD , at 1630:00 HOURS, on the 14th day of December , 2001 SHIPPENSBURG, PA 17257 SHERRY K. MCLEAF a true and attested copy of COMPLAINT - by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.40 Affidavit .00 Surcharge 10.00 .00 38.40 Sworn and Subscribed to before me this /~ day of ~/, ~;z A.D. ! ~rothonotary ' ~ ~ So Answers: R. Thomas Kline 01/10/2002 PURCELL KRUG HALLER Deputy Sheriff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06580 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMESIDE 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. deputized the sheriff of FP~kNKLIN County, serve the within COMPLAINT - MORT FORE He therefore Pennsylvania, to On January 10th , 2002 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Co 46.50 .00 71.50 01/10/2002 R. Thomas Kline Sheriff of Cumberland County PURCELL KRUG HALLER Sworn and subscribed to before me this ~J~ day of~ 20m~L A.D. ! / Prothonota~yg SHERIFF'S RETURN - CASE NO: 2001-65800 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF~~ HOMESIDE LENDING INC F/K/A BAN VS JASON M SHINDLEDECKER REGULAR GUS ALEXIOU , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT-MORT FORECLS was served upon SHINDLEDECKER JASON N the DEFENDANT , at 1140:00 Hour, on the 17th day of December , 2001 at 18817 MAIN STREET DRY RUN, PA by handing to JASON N SHINDLEDECKER 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 9.00 Service 9.00 Affidavit 4.00 Surcharge 10.00 Mileage 14.50 46.50 Sworn and Subscribed to before me thi. s~ /4 day of J ~ .... Notarial Seal ~ M- c~mermsp(J? :;' ~rankln Coun~ So Answers: GUS ALEXIOU Deput y~S/l~ri f f~ 12/19/2001 PURCELL KRUG AND HALLER In The Court of Common Pleas of Cumberland County, Pennsylvania Hcmeside Lending, Inc. VS. Sherry K. McLeaf et al SERVE: Jason N. Shindledecker No. 01 6580 civil NOW, December ~0 ,20 o~ , I, SHERIFF OF CUMBERLAND COUNTY, PA, 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~ within ,20 , at o'clock M. served the upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA SHERIFF'S RETURN CASE NO: 2001-06580 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMESIDE LENDING INC VS MCCLEAF SHERRY K ET AL - REGULAR 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 6.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 19.25 Sworn and Subscribed to before me this ]1 ~ day of / ~rothonotary So Answers: R. Thomas Kline 01/10/2002 PURCELL KRUG HALLER By: Deputy Sheriff HOMESIDE LENDING INC. F/K/A : BANCBOSTON MORTGAGE CORPORATION,: PLAINTIFF : VS. : SHERRY K. McCLEAF AND : JASON N. SHINDLEDECKER, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001 6580 IN MORTGAGE FORECLOSURE p R A E 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 JASON N. 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 ~. B~ Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 K:\MKF~DOCS\C UMB ERLA%SH ERRY.P 1, Dt C~B~ ci~Im AcT~O~ - 200% 6580 F o~scLOS~S YOU ARE IN PERSONALLY aYS FROM T, ~tOUT A HE~ 7 SHOULD TA CANNOT AFF, :RE YOU CAN -.,cy fo~ff - -'font St., Harrisburg,. PA t/17) 234.4178 17102 HOMESIDE LENDING INC. F/K/A : BANCBOSTON MORTGAGE CORPORATION,: PLAINTIFF : VS. : SHERRY K. McCLEAF AND : JASON N. SHINDLEDECKER, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001 6580 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUA19T 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. Leon P. Haller PA I.D. #15700 Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front St. Harrisburg, PA 17102 HOMESIDE LENDING, INC. F/K/A BANCBOSTON MORTGAGE CORPORATION, Plaintiff VS. SHERRY K. MCCLEAF AND JASON N. SHINDLEDECKER Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6580 : : : CIVIL ACTION LAW : IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: JANUARY 24, 2002 TO: SHERRY K. MCCLEAF 9 CHESTNUT GROVE ROAD SHIPPENSBURG, PA 17257 JASON N. SHINDLEDECKER 18817 MAIN STREET DRY RUN, PA 17220 JASON N. SHINDLEDECKER WHIRLPOOL, WEST COMMERCE AVENUE CARLISLE, PA 17013 THIS 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 TFIE 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. rF.~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 & HA,/-~//~ /~'~ LEON P. HALLER, Attorney for Plaintiff I.D.# 15700 1719 N. Front St., Harrisburg; PA 17102 (717) 234-4178 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 VS. SHERRY K. McCLEAF AND JASON N. SHINDLEDECKER, DEFENDANT(S) 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- *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 then~ above capn~I~e,above captio d case. Date: March 13, 2002 ~~' Attorney for Plaintiff ,- 1719 North Front Street Leon P. Haller Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSU~R 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:\M KFADOCS\C UM B e RLA\SH E RRY.W 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 22 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 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 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 HOMESIDE LENDING INC. F/K/A : BANCBOSTON MORTGAGE CORPORATION,: PLAINTIFF : VS. : SHERRY K. McCLEAF AND : JASON N. SHINDLEDECKER, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 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: UNE_NO~ 6. Name and address of every other person who has any record 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 HOMESIDE LENDING INC. F/K/A : BANCBOSTON MORTGAGE CORPORATION,: PLAINTIFF : VS. : SHERRY K. McCLEAF AND : JASON N. SHINDLEDECKER, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001 6580 IN MORTGAGE FORECLOSURE NOTICE OF ~RIFF'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 ~ld is: 158 NEIL ROAD SHIPPENSBURG CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being scld is docketed in the within Commonwealth and County to: NO. 2001 6580 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this properuy is: K:\M K~DOCS\CUMBERLA\SHERRY.NOS 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 Schedul~ 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 B~N ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE ~LD, 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 1701Bi. 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 judgmen5 if you have a meritorious defense against the person or company that has entered judgment againsu you. You may also file an pesition with the same Court if you are aware of a legal defect in the obligatmon 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 cauDe. 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 ~-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 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 degree~ 21 minutes 32 seconds East, 62.50 feet to a spike at the edge of hands now or formerly of George Cubbler; 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 right of way line, 204.50 feet to the railroad spike, the point and place 6f 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"l,..Volume 28 at Page 536. HAVING thereon erected a dwelling house known and numbered as 158 Nell 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 HOMESIDE LENDING INC. F/K/A : BANCBOSTON MORTGAGE CORPORATION,: PLAINTIFF : VS. : SHERRY K. McCLEAF AND : JASON N. SHINDLEDECKER, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001 6580 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I haRD Jeposited in the U.S. Mails at Harrisburg, Pennsylvania on ~-~-0~ , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: 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 JOHN W. PURCELL HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. BRIAN J. TYLER 3ILL M. WINEKA LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 2344178 FORECLOSURE DEPT. FAX (717) 234-1206 (717) 533-3836 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD 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: ~L~on P. ~Pa~ller PA I.D.15700 Attorney for Plaintiff HOMESIDE LENDING INC. F/K/A : BANCBOSTON MORTGAGE CORPORATION,: PLAINTIFF : VS. : SHERRY K. McCLEAF AND : JASON N. SHINDLEDECKER, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001 6580 IN MORTGAGE FORECLOSURE NOTICE OF S~RIFF'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:\M KFADOCS\CU M B ERLA\S H ERRY.NOS 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 paut 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 ~m?.~, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This 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 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 Subdivi§ion 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 seconde 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 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 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 Nell 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 Re: Homeside v. McCleaf/Shindledecker Cumberland Sales 6/5/02 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 One piece of ordinary mail addressed to: Sherry K. McCleaf 9 Chestnut Grove Road Shippensburg, PA 17257 Postage: 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 One piece of ordinary mail addressed to: Jason N. Shindledecker 18817 Main Street Dry Run, PA 17220 Postage: Postmark: U. S. POSTAL SERVIC~ CERTIFICATE OF MAILING (In compliance with Postal Service FOZ~L~ 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Cityscape Corp. 565 Taxter Road Elmsford, NY 10523-2300 Postage: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In co~?liance 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: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Postmark: STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND ss. I, Robert p Ziegler ............................................................................. Recorder of Deeds in and for said County and State do'hereby certify that thc Sherif£s Deed in which ................ Homeside Lending Inc f/k/a BancBoston Mtg Corp .................................................................................... is thc grantee the sa.mc having been sold to said grantee on ~hc 5th June ............................................... day of 2002 ........................................ A. D., 7 ..... , under and by vlrtuc of a writ .............. Execution ................................................ issued on thc ___ 13th March 2002 dayol .......................... A.D., ..... ~ °ut °f thc Court of Comman Pleas of said County'as of Civil .................................................................................. Term, ' 2001 ' Homeside Lending INc f/k/a BancBoston MTg ~or'~ Numher .__(t~=8=0 ....... , at thc suit of ............................................................... ......... Sherry K McCleaf & Jason N Shindledecker ........................... against ..................................................... is duly recorded in SherifFs Deed Book No. 2 5 2 2 810 ............ , Page ............. set my//~and and seal of said office this __~_ ....... day ............ Homeside Lending Inc. f/k/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 31 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 SheriffofFranklin 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 April 5, 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. Shindledecker located 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 returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: 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 Homeside Lending, Incf/k/a BancBoston Mortgage Corporation. It being the highest bid and best price received for the same, Homeside Lending, Inc., f/k/a BancBostson Mortgage Corporation of 8120 Nations Way, Building 100, Jacksonville, FL 32256 being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $1000.00, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 6.30 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Service 24.84 Certified Mail 1.81 Levy 15.00 Sumharge 30.00 Out of County 9.00 Law Journal 442.10 Patriot News 289.75 Share of Bills 25.20 Distribution of Proceeds Sheriff's Deed 25.00 29.50 $1000.00 paid by attorney 07/01/02 Sworn and subscribed to before me So Answers: This /2~ day of ~. 2002, A.D. Thomas Kline, Sheriff Pfo[honotary BY '~J60~t_( .~ Real Estate Deputy HOMESIDE LENDING INC. F/K/A : BANCBOSTON MORTGAGE CORPORATION,: PLAINTIFF : VS. : SHERRY K. McCLEAF AND : JASON N. SHINDLEDECKER, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 20016580 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 t0 ,~e 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: ~OWl~ 6. Name and address of every other person who has any record HOMESIDE LENDING INC. F/K/A : BA/qCBOSTON MORTGAGE CORPOP~ATION,: PLAINTIFF : VS. : SHERRY K. McCLEAF AND : JASON N. SHINDLEDECKER, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 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 '~01d is: 158 NEIL ROAD SHIPPENSBURG CUMBERLAlqD 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:~M KF/DOCS/CUMB ERLA\SHERRY.NOS 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 Schedul~ of'-Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013[ 717-249-3166 ~ Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff s Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This 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 ~-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 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 edgeiof lands now or formerly of George Cubbler; 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 right of way line, 204.50 feet to the railroad spike, the point and place 6f 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 Nell 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 WRIT OF EXEClfrlON and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6580 Civil COUNTY OF CUMBERLAND) 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 (1) 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount DueS78,188.25 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 REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: 1719 N. FRONT ST. HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 CURTIS R. LONG Prothonotary, Civil Division Real Estate Sale #53 On March 14, 2002 the sheriff levied 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: R~ea01~s ~e~ty THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of ~ and The ~zJ3~J[~J~L~ newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their reguJar 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. I Hamsbum, Dau~n Coun~ J NOTARY PUBLIC ~ My Commission E~lms June 6, ~2 ~y commission expires June 6, 2002 M~r, Pe~nsyNania ~al~n ~ N~S CUMBERED COU~ SHERIFFS O~ICE CUMBERED ~U~ C~SE CARLISLE, PA. 17013 Subdivision PIa~ hu bee~ a,~gved by thc qq~lmate mmci~ a~e~ a.d is filed in Cort~a~dan~ Carny Ran 8e~t 38, ~ 32, whereupon the he.in t~ bc co~yed ~ s ~h~ed to a~Lot No, l. 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 Bl~OlNh'~dGataq~ein~hecenta~tn~ofpeblic Publisher's Receipt for Advertising Cost 2J~ds~ of~y~ Co ' ' M, Jo~;~~dm,h~c ., pubhsher of The Patriot-News and ~t-News n ~ . ~- . , .~' ews~p~,s of general ~ 13~2~ ~3~ ~lledge receipt of the aforesa d notice and pub icatlon costs and ceRifies that the same have ~n~ ~ ~, N~ 1t ~s ~ ~u~ 52 By ............................ ~ ~g ~ ~yof ~y M, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. 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 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. , Editor SWORN TO AND SUBSCRIBED before me this 10 dayof MAY, 2002_ REAL ESTATE SALE NO. 53 Writ No. 2001 6580 Civil Homeside Lending Inc., f/k/a Bancboston Mortgage Corporation Sherry F. McCleaf and Jason N. Shindledecker Atty.: Leon P. Hal/er ALL that certain lot or parcel of ground situate in Southampton Township, Cumberland County, Permsylvanta, together with the im- provements erected thereon. bounded in accordance with Pre fiminai'y Flrml Subdivision for Guy Johnson prepared by Wilbur H. Clifton, R.S., which said Subdivi- sion 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 re- ferred to as Lot No. 1. BEGINNING at a spike in the centerline of public road knoval and designated as Legislative Route 21050 at corner of lands now or folmerly of Dorothy M. Johnston; thence along centerfine of said public mad. 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 George Cubbler. South 85 degrees 00 min- 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 lairds now or 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 cared 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 tetmnts with the right of survivor- ship, dated the 12th day of June, 1980, and recorded in Cumberland County Deed Book 'Z'. Volume 28 at Page 536. HAVING thereon erected a dwell lng house known and numbered as 158 Nell Road. Shippensburg, Penn sylvania 17257. BEING THE SAME PREMISES WHICH William MacCready, Jr. and Janlce L. MacCready by deed dated 7/24/95 and recorded in Deed Beok 126 Page 369 granted and conveyed unto Jason N. Shindledecker and Sherry F. McCleaf. TO BE SOLD AS THE PROPER- TY OF JASON N. SHINDLEDECKER AND SHERRY F. McCLEAF ON JUDGMENT NO. 2001 6580. PARCEL: 39-14-0169-021.