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HomeMy WebLinkAbout01-0186HOMESIDE LENDING, INC Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW JAMES M. MINDER AND MARGARET M. MINDER A/K/A MARGARET M.K. MINDER Defendants ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OVqED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to yon. YOU SHOULD TAKE THIS POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 1 COURTHOUSE SQUARE CARLISLE, PA 17013~3387 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 SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROV1SIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERV1CIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 71%249-3166 HOMESIDE LENDING, INC, Plaintiff VS. JAMES M. MINDER AND MARGARET M. MINDER A/K/A MARGARET M.K. MINDER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUq'4TY, 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 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, thc 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 HOMESIDE LENDING, INC, Plaintiff VS. JAMES M. MINDER AND MARGARET M. MINDER A/K/A MARGARET M.K. MINDER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, HOMESIDE LENDING, INC., is a Corporation, with an address of 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLOR/DA 32256. Defendant, JAMES M. MINDER, is an adult individual, whose last known address is 713 HARDING STREET, NEW CUMBERLAND, PENNSYLVANIA 17070, Defendant, MARGARET M. MINDER, is an adult individual, whose last known address is 713 HARDING STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. On or about, November 15, 1996 the said Defendants executed and delivered a Mortgage Note in the sum of $104,900.00 payable to BARNETT MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit "A". Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1352, Page 122 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to HOMESIDE LENDING, INC. and was recorded in the aforesaid County in Mortgage Book 552, Page 862 on January 13, 1997. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 713 HARDING STREET, NEW CUMBERLAND, PENNSYLVANIA 17070 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on July 1, 2000 and all subsequent installments thereon, and the follouring mounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $100,714.67 Interest at $23.79 per day From 06/01/2000 To 02/01/2001 ( based on contract rate of 8.625%) $5,828.55 Accumulated Late Charges $243.96 Late Charges at $40.66 Per month for 8 months $325.28 Escrow Deficit $575.03 Attorney's Fee at 5% of Principal Balance $5,035.73 $112,723.22 **Together with interest at the per diem rate noted above after February l, 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 ora 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 judgement has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them ,vithin 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 mount due together with interest at the rate of 8.625% ($23.79 per diem), together with other charges and costs including escrow advances incidental thereto to the date of S~he~W~s Sale and for foreclosure and sale of the property within described. By~.~~~~-J J -- Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) ADJUSTABLE RATE NOTE I NOU-15-2000 88=42 PURCELL,KRUG~HRLLER ?~? 234 1286 P.07×07 COMPANY NAME: HOMESIDE LENDING, INC VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated__~ 8, Title TOTAL P.O? SHERIFF'S RETURN - CASE NO: 2001-00186 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMESIDE LENDING INC VS MINDER JAMES M ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to and inquiry for the within named DEFENDANT , to wit: MINDER MARGARET M A/K/A MINDER MARGARET M. K. , Sheriff or Deputy Sheriff who being law, says, that he made a diligent search and He therefore Pennsylvania, but was unable to locate Her in his bailiwick. deputized the sheriff of BEAVER County, serve the within COMPLAINT - MORT FORE to On January 31st , 2001 , this office was in receipt of the attached return from BEAVER Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep. Beaver Co 50.00 .00 75.00 01/31/2001 Sheriff of Cumberland County PURCELL, KRUG & HALLER Sworn and subscribed to before me this ~?~ day of ~~ ~l A.D. ~ Prothonota%y~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-00186 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMESIDE LENDING INC VS MINDER JAMES M ET AL CPL. TIMOTHY REITZ Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE MINDER JAMES M DEFENDANT , at 0019:10 HOURS, at 713 HARDING ST NEW CUMBERLAND, PA 17070 by handing to JAMES M. MINDER a true and attested copy of COMPLAINT - MORT FORE NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the llth day of January , together with 2001 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.54 Affidavit .00 Surcharge 10.00 .00 38.54 Sworn and Subscribed to before me this 2~ day of R. Thomas Kline 01/31/2001 PURCELL, KRUG & HALLER SHERIFF'S RETURN REGULAR CASENO: 2001-00186 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BEAVER HOMESIDE LENDING INC VS JAMES M MINDER ETAL ROBIN M O'CONNOR , ~_~ Of BEAVER County, Pennsylvania, who being duly sworn according to law, says, the within MORTGAGE FORECLOSURE was served upon ~_~Z~_~_~i~i~_~_~ ............................... the DEFENDANT at 1815:00 Hour, on the 24th day of ~ 2001 at ~00 BUFFALO ST APT 4 ~--~--A~ ...................... by handing to DEFT a true and attested copy of MORTGAGE FORECLOSURE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing .00 Service 50.00 Affidavit ,00 Surcharge ,00 .00 before me ..... D~55~-~H~YY~I The Court of Common Pleas of Cumberland County, Pennsylvania Homeside Lending, Inc. James M. Minder, et. al. Serve: Margaret K. Minder, a/k/a Margaret M.K. Minder ~0. 2001-186 Now, 1 / 17 / o 1 ,20 O O, I, SlIER.IFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Beaver 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__ served the llpon %y handing to and made lmown to copy of the original SO answers, the contents thereof. Sworn and subscribed before me this __ day of ,2O Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA HOMESIDE LENDING, INC., : PLAINTIFF : VS. : JAMES M. MINDER AND : MARGARET M. MINDER A/K/A : MARGARET M. K. MINDER, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 00186 IN MORTGAGE FORECLOSURE 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 JA~ES M. MINDER AND MARGARET M. MINDER A/K/A MARGARET M. K. MINDER for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $23.79 from 6/1/00 to 2/1/00) Accumulated late charges Late charges ($40.66 per month to 2/00) Escrow Deficit 5% Attorney's Commission $100,714.67 $ 5,828.55 $ 243.96 $ 325.28 $ 575.03 $ 5,035.73 TOTAL $112,723.22'* ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KR~ By Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 HOMESIDE LENDING, INC., PLAINTIFF VS. JAMES M. MINDER AND MARGARET M. MINDER A/K/A MARGARET M. K. MINDER, DEFENDANTS IN THE QOURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 00186 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on FEBRUARY 21, 2001 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. Leon P. Haller PA I.D. Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front St. Harrisburg, PA 17102 #15700 HOMESIDE LENDiNG, 1NC. Plaintiff VS. JAMES M. MINDER AND MARGARET M. MINI)ER A/K/A MARGARET M.K.M1NDER Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-00186 : CiVIL ACTION LAW : IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: February 21, 2001 TO: JAMES M. MINDER 713 HARDING STREET NEW CUMBERLAND, PA 17070 MARGARET M. MINDER A/K/A MARGARET M.K. MINDER 400 BUFFALO STREET; APT #4 BEAVER, PA 15009 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 THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 800-990-9108 OR 717-249-3166 PURCELL, KRUG & HAJ~ LEON P. HALLElr, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 HOMESIDE LENDING, INC., PLAINTIFF VS. JAMES M. MINDER AND MARGARET M. MINDER A/K/A MARGARET M. K. MINDER, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 00186 IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that following judgment has been entered captioned matter: against you in the above- $112,723.22 and for the sale and foreclosure of your property located at: 713 Harding Street, New Cum~berland, PA 17070 Dated: Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 I hereby certify that the following person(s) addresses are the proper individuals to pursuant to PA R.C.P. No. 236: and their respective receive this Notice James M. Minder 713 Harding Street New Cumberland, PA 17070 Margaret M. Minder a/k/a Margaret M. K. Minder 400 Buffalo Street Apt. #4 Beaver, PA 15009 I:/HOME/MKF~DOCS/CU MBE RLA/MIN DER N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2001 00186 HOMESIDE LENDING, INC., PLAINTIFF VS. JAMES M. MINDER AND MARGARET M. MINDER A/K/A MARGARET M. K. MINDER DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT $112,723.22 / Interest at $23.79 per diem to sale date $ 2,973.75 Late charges at $40.66 per month to sale date $ 121.98 Escrow Deficit $ 2.000.00 TOTAL $117,818.95, *SALE DATE: WEDS.,June 6, 2001 (PROTHONOTARY'S Plaintiff Attorney Sheriff This Writ USE) PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Date: March 9, 2001 Attorney for Plaintiff 1719 North Front Street Leon P. H Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND : TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 713 Harding Street, New Cu~nberland, PA. Date: PROTHONOTARY/CLERK BY CIVIL DIVISION DEPUTY I/HOM E\MKF/DOCS\CU M BERLA\MINDER W ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, PennsYlvania, bounded and described as follows: BEGINNING at a point on the northern side of Harding Street one hundred sighty-five (185) feet West of the Northwest ~orner of the intersection of Harding Street and Beckley Drive; thence Westwardly along the Northern side of Harding Street sixty-five (65) feet to a p~int; thence Northwardly through part of Lot No. 177 On hereinafter mentioned Plan of Lots, at right angles to ~arding Street one hundred thirty 1130) feet to a point on the southern side of a twenty (20) feet wide alley; thence Eastwardly along the same sixty-five (65) feet to a point; thence Southwardly through part of Lot No. 176 on said Plan, at right angles to Harding Street one hundred thirty (130) feet to a point, the place of BEGINNING. BEING the western thirty-five (35) feet of Lot No. 176 and the Eastern thirty (30) feet of Lot No. 177, Section "E" on Plan of cumberland Manor, said Plan recorded in Plan Book 3, page 54, Cumberland County Records. HAVING THEREON ERECTED A DWELLING KNOWN AS 713 HARDING STREET, NEW CUMBERLAND, PA. BEING THE SAME PREMISES WHICH Michael Chapman and Dawn L. Chapman by deed dated November 15, 1996 and recorded in Deed Book 149 Page 335 granted and conveyed unto James M. Minder and Margaret M. K. Minder. TO BE SOLD AS THE PROPERTY OF JAMES M. MINDER AND MARGARET M. K. MINDER A/K/A MARGARET M. MINDER ON JUDGMENT NO. 2001 00186. PARCEL: 26-23-543-140 HOMESIDE LENDING, INC., PLAINTIFF VS. JAMES M. MINDER AND MARGARET M. MINDER A/K/A MARGARET M. K. MINDER, DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 00186 : IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 713 Harding Street, New Cun%berland, PA 17070: 1. Name and address of the Owner(s) or Reputed Owner(s): James M. Minder 713 Harding Street New Cumberland, PA 17070 Margaret M. Minder a/k/a Margaret M. K. Minder 400 Buffalo Street Apt. #4 Beaver, PA 15009 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (A_ND ANY OTHERS AS NOTED BELOW): Conseco Finance Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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 rela~i~g to unsworn falsification to authorities. ~//~/~/~ ~///~ Leon P. Halle{rPA I.D. #15700 Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 9, 2001 HOMESIDE LENDING, INC., PLAINTIFF VS. JAMES M. MINDER AND MARGARET M. MINDER A/K/A MARGARET M. K. MINDER, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2001 00186 : : IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property held: DATE: TIME: LOCATION: WEDNESDAY, June 6, 2001 (real estate) 10:00 O'clock A.M. Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 will be THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 713 Harding Street New Cumberland CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2001 00186 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: James M. Minder and Margaret M. Minder a/k/a Margaret M. K. Minder A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to 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 HAY 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 M-~ST 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 piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNINg at a point on the northern side of Harding Street one hundred eightY-five (185) feet West of the Northwest corner of the intersection of Harding Street and Beckley Drive; thence Westwardly along the Northern side of Barding Street sixty-five (65) feet to a point; thence Northwardly through part of Lot No. 177 on hereinafter mentioned Plan of Lots, at right angles to Harding Street one hundred thirty (1301 feet to a point on the southern side of a twenty (20) feet wide alley; thence Eastwardly along the same sixty-five (65) ~eet to a point; thence Southwardly through part of Lot No. 176 on said Plan, at right angles to Harding Street one hundred thirty (130) feet to a point, the place of BEGINNING. BEING the western thirty-five (35) feet of Lot No. 176 and the Eastern thirty (301 feet of Lot No. 177, Section "E" on Plan of Cumberland Manor, said Plan recorded in Plan Book 3, page 54, Cumberland County Records. HAVING THEREON ERECTED A DWELLING KNOWN AS 713 HARDING STREET, NEW CUMBERLAND, PA. BEING THE SAME PREMISES WHICH Michael Chapman and Dawn L. Chapman by deed dated November 15, 1996 and recorded in Deed Book 149 Page 335 granted and conveyed unto James M. Minder and Margaret M. K. Minder. TO BE SOLD AS THE PROPERTY OF JAMES M. MINDER AND MARGARET M. K. MINDER A/K/A MARGARET M. MINDER ON JUDGMENT NO. 2001 00186. PARCEL: 26-23-543-140 HOMESIDE LENDING, INC., Plaintiff VS. JAMES M. MINDER AND MARGERET M. MINDER A/K/A MARGARET M. K. MINDER, Defendants ORDER AND NOW, to-wit, this consideration of the Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - NO. 2001 00186 IN MORTGAGE FORECLOSURE OF COURT day of ~v~- , 2001, upon 's Motion for Service pursuant to special Order of Court, it is hereby ORDERED that the Motion is granted; and, it is further ORDERED the posting of the Handbill on the subject premises at 713 Harding Street, New Cumberland, PA 17070 by the Sheriff thirty (30) days before the Cumberland County Sheriff's Sale, the mailing of Notice by ordinary and Certified mail to Defendant Margaret M. Minder a/k/a Margaret M.K. Minder's last known address and the publication of the notice of the Sale of the subject premises as required are sufficient notice to the Defendant of the June 6, 2001, Sheriff's Sale to satisfy the notice requirements of Pa. R.C.P. 3129.2; and, it is further ORDERED that the subject premises shall be sold by the Sheriff of Cumberland the June 6, 2001 Sheriff's Sale as advertised and County at scheduled. COURT / HOMESIDE LENDING, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. : : CIVIL ACTION - : NO. 2001 00186 JAMES M. MINDER AND : MARGARET M. MINDER A/K/A : MARGARET M. K. MINDER, : Defendants LAW IN MORTGAGE FORECLOSURE FOR MOTION FOR SERVICE OF NOTICE OF SALE IN REAL PROPERTY ACTION IN ACCORDANCE WITH RULES 3129(b) (2) OF PENNSYLVANIA RULES OF CIVIL PROCEDURE Plaintiff, Homeside Lending, Inc., through its counsel, Leon P. Haller, Esquire hereby respectfully submits: 1. Plaintiff has brought a mortgage foreclosure action whereupon it seeks to foreclose against certain property owned by Defendants located at 713 Harding Street, New Cumberland, PA 17070. 2. Defendant James M. Minder was served with the Complaint, January 11, 2001 at the property and served with the Notice of Sale, April 11, 2001. Defendant Margaret M. Minder a/k/a Margaret M.K. Minder was served with the Complaint, January 24, 2001 at 400 Buffalo Street, Apt 4, Beaver, PA 15009. However, the Sheriff's office has been unable to serve Defendant Margaret M. Minder a/k/a Margaret M.K. Minder with the Notice of Sale at the property or the Beaver County address and no other new forwarding addresses were found. The Plaintiff believes that the Defendant has no interest in the property and has no desire to oppose the Sheriff's Sale. 3. Plaintiff has conducted an investigation in order to determine the whereabouts of the Defendant, through its attorney, by attempting to obtain a forwarding address from the post office, the Department of Transportation, Credit Bureau, and also by attempting to obtain a phone number for the Defendant, but no new information has been received from any of the sources. 4. The Sheriff heretofore posted the Defendant's property with a Notice of Sale or Handbill. Notice of Sale was also sent by ordinary and Certified mail. Sufficient notice has, therefore, been given to the Defendant. 5. Plaintiff believes that service by mail in accordance with Rule 430 (as allowed by Rule 3129(B) (2) (ii) (A) will be ineffective and that a Special Order of Court is required. 6. The Notice of Sheriff's Sale scheduled for June 6, 2001, will be published in the legal journal and a newspaper of general circulation for three weeks to sale, which provides ample published notice of sale. 7. Plaintiff requests an Order approving service by posting a copy of the Notice of Sale or Handbill on the most public part of the property under P.R.C. P. 3129. WHEREFORE, Plaintiff requests that your/~norable Court approves service as above set forth. / / Leon/P~ H~er Att~hey for Plaintiff 1719 North Front Street Harrisburg, Pa. 17102 (717) 234-4178 HOMESIDE LENDING, INC., : Plaintiff : VS. : JAMES M. MINDER AND : MARGARET M. MINDER A/K/A : MARGARET M. K. MINDER, : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 00186 IN MORTGAGE FORECLOSURE AFFIDAVIT OF REASONABLE INVESTIGATION COMMONWEALTH OF PENNSYLVANIA : COUNTY OF DAUPHIN : SS Leon P. Haller, being duly sworn according to law, deposes and says that he is the attorney for the Plaintiff in the above action in mortgage foreclosure, that he has personal knowledge concerning the facts set forth in the attached Motion for Service of Notice of Sale pursuant to Rule 3129, that he has authority from the Plaintiff to make this affidavit, and that the facts set forth in the affidavit are true and correct to the best of his knowledge, information, and belief, to wit: That he has attempted to confirm the whereabouts of the Defendant Margaret M. Minder a/k/a Margaret M.K. Minder in the above case, by conducting a reasonable search, which search included one or more of the following as indicated by a checkmark: X That he has contacted the U.S. Postal Service to obtain the last known mailing address or any forwarding addresses. X__That he has attempted to locate persons of similar name to the Defendant, however he has not been able to locate any. That he contacted Directory Assistance for any new listing for Defendant, however, there are no new listings. X That he contacted TP~ANS UNION Credit Bureau, a national credit service, with respect to the location of the Defendant. X___That he has conducted a search of the Pennsylvania Department of Transportation's records with respect to the location of the Defendant. Leon P. Haller further deposes and says that after attempting to locate the Defendant by conducting a reasonable search as indicated above; he has been unable to confirm the Defendant's whereabouts and location. 1719 North Front Street Harrisburg, Pa. 17102 (717) 234-4178 Attorney for Plaintiff Attorney ID# 15700 Sworn to and subscribed before me on this ~ day of ~ , 2001 455 Linden Street, Allentown, PA 18102 RR 3, Box 2025, Effort, PA 18330-190t ~'Allentown Office: 610-395-8741 Pocono Office: 570-992-2425 e-mail: mkmtz@earthlink.net INVESTIGATIONS & LEGAl. SVPPRRT SERVICES Loss Prevention * Asset Searches * Business Intelligence Insurance Fraud * Skip-Tracing * Missing Persons Background Investigations, Witness Inte~/iewing Undercover Investigations * Personal Protection Pre-employment investigations · Surveillance process Service * Litigation Support To: I MARCI H. WILLIAMS i 05/25/01 Date: ~ Court Term No. Your File No. CI Doc. No. 2001-00186 H03356-19131 00-650 Known Information (Supp#ed by Client: Name: MARGARET' K. MINDER Address: 400 BUFFALO ST # 4, BEAVER, PA 15009 Address: 713 HARDING ST, NEW CUMBERLAND, PA 17070 SSN~ 169-52-3590 A/K/A MARGARET KORFF MINDER INVESTIGATION REPORT Subject Identifiers (Obtained from Public Records) investigation Sources Listed on Page 2 Name: Social Security Number: State of Issue: Year of Issue: Year of Birth: Driver's License Not: State of Issue: ........... File Creation Date2: Last Record Found On3: MARGARET K. MINDER 169-52-3590 PENNSYLVANIA 1973 - 1975 07/57 NO RECORD FOUND NOT APPLICABLE 07/93 05/01 KORFF MINDER MOST CURRENT ADDRESS(ES) Most recent address obtained from public records: NEW ADDRESS FOUND Rddressq: Defendant#I: 4oo BUFALO ST, BEAVER, PA 15009 Defendant #2: NOT APPLICABLE Telephone Directory SearchS: Defendant #1:i (724)728-2458 Defendant #2: ~ NOT APPLICABLE Obtained from Consumer Credit Report Header File, DMV records are not accessible for purposes of SkipTracing. See notice on page 2 under Department of Motor Vehicle Operator Information. Original date subject's record is listed in Consumer Credit Report Header Files. Date most recent address was reported in Consumer Credit Report Header Files. Most recent address found after reviewing all address sources. As listed with AT&T directory assistance or from InfoUSA telephone database (listing most recent record). CONSUMER CREDIT REPORTING AGENCY SEARCH 400 BUFALO ST, BEAVER, PA 15009 REPORTED ON TRACK 2 ON 713 HARDING ST, NEW CUMBERLAND, PA 17070 REPORTED ON TRACK 2 ON 03/01 1001 ROMAN KNOLL CT, APT F, HARRISBURG, PA 17109 REPORTED ON TRACK 2 ON 11/00 Information Sources: Consumer Credit Reporting Agencies searched included TransUnion (Credit Header 1), Experian (Credit Header 2), Equifax (Credit Header 3), and proprietary information sources including magazine subscription services, national telephone white pages and insurance records. UNITED STATES POSTAL SERVICE - Postal Regulation 39 CFR 265.6(d)(6)(ii). Request for Change of Address Results: 15009 PENDING /Certified copy attached PUBLIC RECORDS SEARCNED - State and National Records - See page 3 if records were found Bankruptcy Court Records Search1 I No Records Found Social Security Death Index Search2 I No Records Found Bankruptcy records search conducted using subjects social secunty number in all states found n sub ect's address history 2Social Security Death Index Search s nat cnw de. VOTER REGISTRATION RECORDS SEARCHED County: ] BEAVER COUNTY, PA Results I NOT REGISTERED Reference: i 724-728-3700 DEPARTMENT OF MOTOR VEHICLE OPERATORS INFORMATION The Federal Driver's Privacy Protection Act (DPPA) effective 9/13/97 limits access to driver and vehicle information. A signed release from the driver, or a notarized statement of intended use by an authorized requester is now needed to obtain driver and vehicle information. Ddver and vehicle information is no longer available for skip tracing purposes. A.'=FIDAVrr OF GOOD FAn~ INVESTIGATION Affiant is the principle of CONFIDENTIAL INVESTIGATIONS which performs investigative services and states that he has made a good faith investigation by performing each of the stated searches. l verify, under penalty of perjury, that the foregoing is true and correct, to the best of my knowledge. I understand that false statements herein are made subject to the penalties relating to unswom falsification to authorities. Affiant: M e~a n~r o~$~ Investigator Sworn a~ subscribed before me this ~' ~' of C~ 20 ~( . __day Homeside Lending, Inc. Vs James M. Minder Margaret M. Minder In the Court of Common Pleas of Cumberland County, Pennsylvania No.2001-186 Civil Richard Smith, Deputy Sheriff, who being duly sworn according to law, says on April 11, 2001 at 5:09 o'clock P.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description on the property of James M. Minder and Margaret M. Minder located at 713 Harding Street New Cumberland, Cumberland County, Pennsylvania, according to law. Richard Smith, Deputy Sheriff, who being duly sworn according to law, says on April 1 I, 2001 at 5:10 o'clock PM EDST, he served a tree copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: James M. Minder, by making known unto James M. Minder at 713 Harding Street New Cumberland, Cunthefland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he made diligent search and inquiry for one of the within named defendant to wit: Margaret M. Minder, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Beaver County to serve the above Real Estate Writ Notice Poster and description according to law: now May 1,200l, Felix A. DeLuca, Jr, Sheriff of Beaver County, who being duly sworn according to law, says, that he made a diligent search and inquiry for the above named defendant, but was unable to locate her in his bailiwick. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named detbndants to wit: Margaret M. Minder, by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver to Addressee Only to her last known address of 400 Buffalo Street Apt.4 Beaver, PA 15009. This letter was mailed under the date of May 4, 2001 and the return receipt card and letter were never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants to wit: James M. Minder by regular mail to his last known address, 713 Harding Street New Cumberland, PA. This letter was mailed under the date of April 12, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriffmailed a pendency of the action to one of the within named defendants to wit: Margaret M. Minder by regular mail to her last known address, 400 Buffalo St. Apt.4 Beaver, PA. This letter was mailed under the date of May 4, 2001 and never returned to the Sheriff's Office. Page. 1 TRACE: SOCIAL - 169-52-3590 169-52-3590 TRANS UNION TRACE PLUS REPORT FOR SBJ P HB0034840 RPT ON MINDER, MARGARET K. CURR/ADD 713 HARDING ST., NEW CUMBERLAND PA. 17070 MKT/SUB INFILE DATE TIME 17 HB 4/01 05/31/01 12:55CT SSN DOB 169-52-3590 TEL~ RPTD 717-770-0217 04/2001 COPYRIGHTED TRANS UNION 1993 FOR MKT/SUB INFILE SBJ P HB0034840 13 PT 4/01 RPT ON SSN KORFFMINDE, MARGARET M. 169-52-3590 CURR/ADD RPTD 400 BUFFALO ST., BEAVER PA. 15009 04/2001 DATE TIME 05/31/01 I2:55CT DOB TEL# 728-2458 COPYRIGHTED TRANS UNION 1993 FOR SBJ P HB0034840 RPT ON MINDER/KORFF, MARGARET M. -KORFFMINDE,MARGARET,M-MINDER,MARGERATE,M CURR/ADD 400 BUFFALO ST., #4. BEAVER PA. 15009 FRMR ADD 1001 RO~N KNOLL CT., #F. HARRISBURG PA. 17109 713 HARDING ST., NEW CUMBERLAND PA. 17070 MKT/SUB INFILE 13 PT 10/93 SSN 169-52-3590 DATE TIME 05/31/01 12:55CT DOB 7/57 RPTD 09/2000 08/2000 TEL# 728-2458 **END OF NETWORK TRACE PLUS** COPYRIGHTED TRANS UNION 1993 HOMESIDE LENDING, INC., : PLAINTIFF : VS. : JAMES M. MINDER AND : MARGARET M. MINDER A/K/A : MARGARET M. K. MINDER, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 00186 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on ~1~ a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows James M Minder 713 Harding Street New Cumberland, PA 17070 Margaret M. Minder a/k/a Margaret M. K. Minder 400 Buffalo Street Apt. #4 Beaver, PA 15009 Conseco Finance Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, PA 17011 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 PURCELL, KRUG & HA~LLER 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 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 (717} 533-3836 JOSEPH NISSLEY (1910-1982) ANTHONY OiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD NOTICE TO: James M. Minder 713 Harding Street New Cumberland, DA 17070 Margaret M. Minder a/k/a Margaret M. K. Minder 400 Buffalo Street Apt. ~4 Beaver, PA 15009 Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, PA 17011 D~mestic Relations office Cu/~berland 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 hol~2against the said real estate will be divested by the sale and t~da/you have an opportunity to protect your interest, if an~/~F being notified of said Sheriff's Sale. /~/// By: ~ ~ Leon P. Haller PA I.D.15700 Attorney for Plaintiff HOMESIDE LENDING, INC., : PLAINTIFF : VS. : JAMES M. MINDER AND : MARGARET M. MINDER A/K/A : MARGARET M. K. MINDER, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 00186 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PEATNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) held: DATE: WEDNESDAY, June 6, 2001 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 will be THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 713 Harding Street New Cumberland CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2001 00186 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: James M. Minder and Margaret M. Minder a/k/a Margaret M. K. Minder A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to 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 taken away. A lawyer rights. If you wish PROMPTLY. rights to prevent your property from being can advise you more specifically of these to exercise your rights, YOU ~UJST ACT 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 MIIST 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 piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, PennsYlvania, bounded and described as follows: BEGINNING at a point on the northern side uf Harding Street one hundred eighty-five (185) feet West of the Northwest corner of the intersection of Harding Street and Beckley Drive; thence Westwardly along the Northern side of Harding Street sixty-five (65) feet to a point; thence Northwardly through part of Lot No. 177 on hereinafter mentioned Plan of Lots, at right angles to Harding Street one hundred thirty (130) feet to a point on the southern side of a twenty (20) feet wide alley; thence Eastwardly along the sa~e sixty-five (65) feet to a point; thence Southwardly through part of Lot No. 176 on said Plan, at right angles to Harding Street one hundred thirty (130) feet to a point, the place of BEGINNING. BEING the western thirty-five (35) feet of Lot No. 176 and the Eastern thirty (30) feet of Lot No. 177, Section "E" on Plan of Cumberland Manor, said Plan recorded in Plan Book 3, page 54, Cumberland County Records. HAVING THEREON ERECTED A DWELLING KNOWN AS 713 HARDING STREET, NEW CUMBERLAND, PA. BEING THE SAME PREMISES WHICH Michael Chapman and Dawn L. Chapman by deed dated November 15, 1996 and recorded in Deed Book 149 Page 335 granted and conveyed unto James M. Minder and Margaret M. K. Minder. TO BE SOLD AS THE PROPERTY OF JAMES M. MINDER AND MARGARET M. K. MINDER A/K/A MARGARET MJ MINDER ON JUDGMENT NO. 2001 00186. PARCEL: 26-23-543-140 ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern side of Harding Street one hundred eighty-five (185) feet West of the Northwest corner of the intersection of Sarding Street and Beckley Driye; thence West~ardl~ along.t~e Northern side of Harding Street sixty-five (65) zeet to a polnu; thence Northwardly through part of Lot No. 177 on hereinafter mentioned Plan of Lots, at right angles to Harding Street one hundred thirty (130) feet to a point on the southern side of a twenty (20) feet wide alley; thence Eastwardly along the same sixty-five (65) feet to a point; thence Southwardly through part of Lot No. 176 on said Plan, at right angles to Harding Street one hundred thirty (130) feet to a point, the place of BEGINNING. BEING the western thirty-five (35) feet of Lot No. 176 and the Eastern thirty (30) feet of Lot No. 177, Section "E" on Plan of Cumberland Manor, said Plan recorded in Plan Book 3, page 54, Cumberland County Records. HAVING THEREON ERECTED A DWELLING KNOWN AS 713 HARDING STREET, NEW CUMBERLAND, PA. BEING THE SAME PREMISES WHICH Michael Chapman and Dawn L. Chapman by deed dated November 15, 1996 and recorded in Deed Book 149 Page 335 granted and conveyed unto James M. Minder and Margaret M. K. Minder. TO BE SOLD AS THE PROPERTY OF JAMES M. MINDER AND MARGARET M. K. MINDER A/K/A MARGARET M. MINDER ON JUDGMENT NO. 2001 00186. PARCEL: 26-23-543-140 Return Receipt Fee IE:I Restricted Del,very Fee 3 ~,~) MARGARET M MINDER A/K/A MARGARET M K MINDER 400 BUFFALO STREET Re: Homeside v. Minder Cumberland Sales 6/6/01 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from:. Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail James M. Minder 713 Harding Street New Cumberland, PA 17070 addressed to: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comDliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail Margaret M. Minder a/k/a Margaret M. K. Minder 400 Buffalo Street Apt. #4 Beaver, PA 15009 addressed to: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comDliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Conseco Finance Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, PA 17011 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comDliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Postmark: STATE OF PENNSYLVANIA, [ COUNTY OF CUMBERLAND/ ss. Robert P I, ............................................................................. Recorder of Deeds in and for said County and State do'hereby certify that the Sheriff's Deed in which -~-°-u-s-~-"-~--~- -v-r- -~-a-"-~-~-v-e-~-°--~-~-e~--~A~!~- ..................................... h the g~antee the same havlng be~m sold to said grantee on the .................. ~_~__h ......................... day of ....... ..J. uB~ ............................ A. D., ~ 200_~____, under and by vlr~ue of a writ Execu~' :Ion ................................................ issued on the ...... ~.3.t~ .......................... da of March y .......................... A. D., ..... , on* of the Cour~ of Comman Plea~ of said County as of .................................................................................. Term, ................................... duly recorded in Sheriff's Deed Book No ...... ~.~.7 ..... Page _~0__8_4_ ....... IN TESTIMONY WHEREOF, I have hereunto ser my hand and seal of said office this ----~.7____ day of ............. C~- ......... A.D., ~W~__P.J Homeside Lending, Inc. Vs James M. Minder Margaret M. Minder In the Court of Common Pleas of Cumberland County, Pennsylvania No.2001-186 Civil Richard Smith, Deputy Sheriff, who being duly swom according to law, says on April 11, 2001 at 5:09 o'clock P.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description on the property of James M. Minder and Margaret M. Minder located at 713 Harding Street New Cumberland, Cumberland County, Pennsylvania, according to law. Richard Smith, Deputy Sheriff, who being duly sworn according to law, says on April 11, 2001 at 5:10 o'clock PM EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: James M. Minder, by making known unto James M. Minder at 713 Harding Street New Cumberland, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he made diligent search and inquiry for one of the within named defendant to wit: Margaret M. Minder, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Beaver County to serve the above Real Estate Writ Notice Poster and description according to law: now May 1, 2001, Felix A. DeLuca, Jr, SheriffofBeaver County, who being duly sworn according to law, says, that he made a diligent search and inquiry for the above named defendant, but was unable to locate her in his bailiwick. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriffmalled a pendency of the action to one of the within named defendants to wit: Margaret M. Minder, by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver to Addressee Only to her last known address of 400 Buffalo Street Apt.4 Beaver, PA 15009. This letter was mailed under the date of May 4, 2001 and the return receipt card and letter were never returned to the SheriWs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriffmailed a pendency of the action to one of the within named defendants to wit: James M. Minder by regular mail to his last known address, 713 Harding Street New Cumberland, PA. This letter was mailed under the date of April 12, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants to wit: Margaret M. Minder by regular mail to her last known address, 400 Buffalo St. Apt.4 Beaver, PA. This letter was mailed under the date of May 4, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at The Court House, Carlisle, Cumberland County, Pennsylvania, on June 6, 2001 at I0:00 o'clock A.M., EDST. He sold the same for the sum of $1.00 to Attorney Sharon Dunn for The Secretary of Housing and urban Development of Washington, D.C., his successors and/or assigns, it being the highest bid and the best price received for the same. The Secretary of Housing and Urban Development of Washington, D.C., his successors and/or assigns of c/o Golden Feather Realty, 1600 Sacramento Inn Way, Suite 220, Sacramento, CA 95815, being the buyer in this execution, paid to Sheriff R. Thomas Kline, the sum of $938.41, it being sheriff' s costs. Sheriff's Costs: Docketing 30.00 Poundage 18.40 Advertising 15.00 Posting Bills 15 Auctioneer 10.00 Acknowledging Deed 30.00 Law Library .50 County 1.00 Mileage 10.54 Certified Mail 9.53 Levy 15.00 Surcharge 30.00 Out of County 9.00 Beaver County 50.00 Law Journal 316.55 Patriot news 300.30 Share of Bills 25.09 Distribution of Proceeds 25.00 Sheriff's Deed 27.50 $938.41 paid by Attorney Leon P. Hailer 6-25-01 Sworn and subscribed to before me This ~5~ ~lay of (~ 2001, A.D. Pro~n~t~ary~. R. Thomas Kline, Sheriff Deputy Sheriff HOMESIDE LENDING, INC., PLAINTIFF VS. JAMES M. MINDER AND MARGARET M. MINDER A/K/A MARGARET M. K. MINDER, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 00186 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 713 Harding Street, New Cuamberland, PA 17070: 1. Name and address of the Owner(s) or Reputed Owner(s): James M. Minder 713 Harding Street New Cumberland, PA 17070 Margaret M. Minder a/k/a Margaret M. K. Minder 400 Buffalo Street Apt. ~4 Beaver, PA 15009 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Conseco Finance Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: more fully described on Exlflbtt "A" filed with THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 24th day(s) of April and the 1st and 8th day(s) of May 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf 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 ~ell~eous Book "M", Volume 14, Page 317. ~. / p /~ ~ ~ UBLICATION ........................................ ..~...... ................................................ CO PY Sworn to and subscribed befor~a~this 21st d/~of ~ 2001 A.D. - · ~o~o~,,,r MyCoPamrdmtabssUtorgr;EO~Ipreh~s~n°:~'~v2°0, I N~)TARY PUBLIC ; ?' Member, Pennsylvania AsSociation o! Nota~ commission expires June 6, 2002 ~amel I :; ;: CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 : ~ Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 298.80 Probating same Notary Fee(s) $ 1.50 Total $ 300.30 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general mrculation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. 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, v/z: APRIL 27, MAY 4, 11, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general cimulation, 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. REAL E~TATE SALE NO. D4 Writ No. 2001-186 Homeside Lending, Inc. vs. James M. Minder and Margaret M. Mlnder a/k/a Margaret M. K. Mlnder Atty.: Leon p. Hailer ALLTHAT CERTAIN piece or par- cel of land situate in the Borough of New Cklmberland, Cumberland Coun- ty, Pennsylvania, bounded and de- scribed as follows: BEGINNING at a point on the northern side of Harding Street one hundred eighty-five {185) feet West of the Northwest corner of the in- tersection of Harding Street and Beckley Drive; thence Westwardly alon~ the Northern side of Hardm~ SWORN TO AND SUBSCRIBED before me this 11 dayof MAY, 2001 ' LOI~ E. 8NYDER, NolI~ Pub~ HOMESIDE LENDING, INC., PLAINTIFF VS. JAMES M. MINDER AND MARGARET M. MINDER A/K/A MARGARET M. K. MINDER, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 00186 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 713 Harding Street, New Cua%berland, PA 17070: 1. Name and address of the Owner(s) or Reputed Owner(s): James M. Minder 713 Harding Street New Cumberland, PA 17070 Margaret M. Minder a/k/a Margaret M. K. Minder 400 Buffalo Street Apt. #4 Beaver, PA 15009 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Conseco Finance Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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 re!~g to unsworn falsification to authorities. / ~ Leon P. Haller PA I.D. #15700 Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 9, 2001 HOMESIDE LENDING, INC., PLAINTIFF VS. J~4ES M. MINDER AND MARGARET M. MINDER A/K/A MARGARET M. K. MINDER, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 00186 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) held: DATE: WEDNESDAY, June 6, 2001 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 will be THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 713 Harding Street New Cumberland CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2001 00188 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: James M. Minder and Margaret M. Minder a/k/a Margaret M. K. Minder A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive par5 of the proceeds of the sale received and to be disbursed by the Sheriff (for exaznple, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will~ in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This 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 piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern side of Harding Street one hundred eighty-five (185) feet West of the Northwest corner of the intersection of Hardin Street and Beckley Drive; thence Westwardly along the Northern ~ide of Harding Street sixty-five (65) feet to a point; thence Northwardly through part of Lot No. 177 on hereinafter mentioned Plan of Lots, at right angles to Barding Street one hundred thirty (130) feet to a point on the southern side of a twenty (20) feet wide alley; thence Eastwardly along the same sixty-five (65) feet to a point~ thence Southwardly through part of Lot No. 176 on said Plan, at right angles to Harding Street one hundred thirty (130) feet to a point, the place of BEGINNING. BEING the western thirty-five (35} feet of Lot No. 176 and the Eastern thirty {30) feet of Lot No. 177, Section "E" on Plan of Cumberland Manor, said Plan recorded in Plan Book 3, page 54, Cumberland County Records. HAVING THEREON ERECTED A DWELLING KNOWN AS 713 HARDING STREET, NEW CUMBERLAND, PA. BEING THE SAME PREMISES WHICH Michael Chapman and Dawn L. Chapman by deed dated November 15, 1996 and recorded in Deed Book 149 Page 335 granted and conveyed unto James M. Minder and Margaret M. K. Minder. TO BE SOLD AS THE PROPERTY OF JAMES M. MINDER AND MARGARET M. K. MINDER A/K/A MARGARET M. MINDER ON JUDGMENT NO. 2001 00186. PARCEL: 26-23-543-140 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) 01-18~0. C IvIIA-J~ TE!EN CIVIL ACTION - LAW TO THE SHERIFF OF C,]mbmrl mrld COUNTY: TO Satisfy the debt, interest and costs due Hemes 5 de Lend~ rig. Inc. PLAINTIFF(S) from James M. Hinder 713 Hardinq Street, New Ct~nberland, Pa. 17070 and Marqaret M. Hinder A/K/A Margaret M, K. M~nder 400 Buffalo Street, Apt '#4, Beave~ DEFENDANT(S) (1) You are directed tO levy upon the property of the defendant(s) and to sell 713 Harding Street, New Ct~berland, Pa,, J~t7070 (2) You are also directed fo attach the property of the de~endant(s) not levied upon in the possession of GARNISHEE(S) as lollows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) lf pr~perty ~f the de~endant(s) n~t ~evied upon an subject t~ attachment is f~und in the possessi~n ~~ any~ne ~ther than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $112,723.22 Interest at $23.79 per diem to sale date Interest $ 2,973.75 Atty's Comm % Arty Paid $ 185.54 Plaintiff Paid L.L. $ 0.50 Due Prolhy 1.00 Other CostsLate charges at $40.66 per month to sale date $121,98 Escrow Deficit $2,000.00 Date: March 13, 2001 REQUESTING PARTY: Name Leon P, Haller. Esquire Address: 1719 North Front Street Harrisburg, Pa, 17102 Attorney for: PlainYi ff Telephone: (717) 234-4178 Supreme Court iD No. 15700 Curtis R. Lonq Prothonotary, Civil Division Deputy ~ bi the real property situated ini~ (~o~ ~[ ~,~c[..Lk:,~c~,~(~ Pa., known and nunlbel~ as:~ ["-~ ~, ~ fully descMbed on Exlliblt "A" flbid with