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HomeMy WebLinkAbout01-1204MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff VS. HARRY ADEN HINKLE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C1VI~ 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 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 you. 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 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 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 PROSEGUJR 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 PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A U24 ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC., Plaintiff VS. HARRY ADEN HINKLE, Defendant 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 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC,, Plaintiff VS. HARRY ADEN HINKLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC., herein after referred to as MERS, is the owner of the legal title to the Mortgage subject to the Mortgage to this action and nominee for Homeside Lending, Inc., which is the owner of the entire beneficial interest in the Mortgage, with an address of 8120 Nations Way, Building 100, Jacksonville, Florida 32256. 2. Defendant, HARRY ADEN HINKLE, is an adult individual, whose last known address is 1330 CHURCH STREET, CARLISLE, PENNSYLVANIA 17013. On or about, March 29, 1996 the said Defendant executed and delivered a Mortgage Note in the sum of $109,900.00 payable to SIGNET MORTGAGE CORPORATION. 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 1311, Page 78 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to FIRST UNION NATIONAL BANK and recorded in the aforesaid County in Mortgage Book 594, Page 9 on November 9, 1998. The Mortgage was subsequently assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and recorded in the aforesaid County in Mortgage Book 625, Page 212 on September 20, 1999. The Said Mortgage and Assigmnents are incorporated herein by reference. 5. The land subject to the Mortgage is: 1330 CHURCH STREET, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "A" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on April 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $104,672.90 Interest at $20.07 per day From 03/01/2000 To 03/01/2001 ( based on contract rate of 7.000%) $7,325.55 Accumulated Late Charges $371.17 Late Charges at $34.72 Per month for 12 months $416.64 Escrow Deficit $551.28 Attorney's Fee at 5% of Principal Balance $5,233.65 $118,571.19 **Together with interest at the per diem rate noted above after March 1, 2001 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvmfia 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 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. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiffhas complied with the procedures required by Petmsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.000% ($20.07 per diem), together with other charges and costs including escrow advances incidental the~t~tg.tt~e date of Sheriff's Sale and for foreclosure and sale of the property within described. ByS~ ...... ~.~.~--~ 4~RCELL, KRUG & }IALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Description TRACT NO. I ALL THAT CERTAIN tract of land situate In Monroe TOWnShip, Cumberland County, Pennsylvania, bounded and descrlbed pursuant to a compass survey Dy Tom O. BletSch, ReglstereE Surveyor, In April, 1959, as follows: BEGINNING at a point in the center of relocated Pennsylvania Highway Route NO. 174, said point Peing 500.4 feet, more or less, In a 5outhwesterly direction along the center of said Road from the Southwestern comer of land now or formerly of PerCy O. Jumper and Lllllan 8. Jumper; thence by land of Raymond C. Shughart and Cora 8. Shughart, his wife, South 37 degrees 5 minutes East 164 feeC more or less to a point in the center of former Pennsylvania Highway Route No. 174; thence by the center of sale Road, South 70 degrees 45 minutes West 105 feet to a point; thence by land of Raymond C. Shughart and Cora 8. Shughart, his wife, North $7 degrees 5 minutes West 151 feet, more or less, to a point in the center of relocated Pennsylvania Highway Route NO. 174; thence by the center of said Road, North 52 degrees 55 minutes East 100 feet to the Place of BE(INNING. CONTAINING .$4 Acre, more or/ess. TRACT NO. I BEGINNING at a point at the Intersection of the legal right of way of Pennsylvania State Route t74 and legal right of way of township road 640; thence along the legal right Of way line Of said Pennsylvania State Route t 74 North 56 degrees 45 minutes East two hundred slx~y.feur and seventy-one one-hundredths (264.7t) feet to a point on said legal right of way; thence by Lot NO. 2 on the Plan of Lots hereinafter mentioned South 37 degrees 5 minutes East seventy four and seventy-four one-hundredthS I74.74) feet to a poln t on the dedicated rlgh t of way line of to wnshlp road 640 as shown on said Plan of LOTS; thence along sale dedicated right of way line of township road 640 South 70 degrees 45 minutes West b~vo hundred eighty and forty- slx one-hundredths i280.46) feet to a point on the legal right Of way line of township road 640; thence along sale legal right of way line of township road 640 North 19 degrees 15 minutes West six and fifty one-hundredths (6.50) feet to the point and place of BEGINNING. COMPANY NAME: yrxrm~ ~re, :xm, ac m:a~t~ s~x~, ~. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated Febmsry 26, 2001 By Title Leanne Galvin,Vice President SHERIFF'S RETURN - CASE NO: 2001-01204 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGiSTgATI VS HINKLE HARRY ADEN REGULAR CPL. TIMOTHY RIETZ Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE HINKLE HARRY A/)EN DEFENDANT at 0019:59 HOURS, at 1330 CHURCH STREET CARLISLE, PA 17013 by handing to HARRY A. HINKLE 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 on the 5th day of March the 2001 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.72 Affidavit .00 Surcharge 10.00 .00 31.72 Sworn and Subscribed to before me this J./~- day of ~ j~,~ A.D. / ! Prothonotary' ~ f So Answers: R. Thomas Kline 03/06/2001 PURCELL, KRUG & HALLER D,9~u t y S~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff VS. HARRY ADEN HINKLE Defendant 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 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 fm'ther 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 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 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 NECESSAPdO 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 PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER D1NERO, PROPIEDAD U OTROS DEP~CHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 TRUE COPY FROM RECORD Ill Tellimony wher~ot, I I~re unto set my hind MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff VS. HARRY ADEN HINKLE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW : ACTION OF MORTGAGE FORECLOSURE Defendant : 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 attomey 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 Plaintiffand mail sm~e to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name m~d 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff VS. HARRY ADEN HINKLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., herein after referred to as MERS, is the owner of the legal title to the Mortgage subject to the Mortgage to this action and nominee for Homeside Lending, Inc., which is the owner of the entire beneficial interest in the Mortgage, with an address of 8120 Nations Way, Building 100, Jacksonville, Florida 32256. 2. Defendant, HARRY ADEN HINKLE, is an adult individual, whose last known address is 1330 CHURCH STREET, CARLISLE, PENNSYLVANIA 17013. On or about, March 29, 1996 the said Defendant executed and delivered a Mortgage Note in the sum of $109,900.00 payable to SIGNET MORTGAGE CORPORATION. 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 ora 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 1311, Page 78 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to FIRST UNION NATIONAL BANK and recorded in the aforesaid County in Mortgage Book 594, Page 9 on November 9, 1998. The Mortgage was subsequently assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and recorded in the aforesaid County in Mortgage Book 625, Page 212 on September 20, 1999. The Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 1330 CHURCH STREET, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "A" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on April 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $20.07 per day From 03/01/2000 To 03/01/2001 ( based on contract rate of 7.000%) Accumulated Late Charges Late Charges at $34.72 Per month for 12 months Escrow Deficit Attorney's Fee at 5% of Principal Balance $104,672.90 $7,325.55 $371.17 $416.64 $551.28 $5,233.65 $118,571.19 **Together with interest at the per diem rate noted above after March 1, 2001 and other charges and costs to date of Sheriff's Sale, The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at 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 Pe~msylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.000% ($20.07 per diem), together with other charges and costs including escrow advances incidental the/mto~gtfie date of Sheriff's Sale and for foreclosure and sale of the property within described, y..~.~/ ?~ B 4~RCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Han-isburg, PA 17102 (717-234-4178) Description TRACT NO. 1 ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described pursuant to a compass survey by Tom O. Bietsch, Registered Surveyor, In April, 1959, as follows: BEGINNING at a point in the center of relocated Pennsylvania Highway Route IVO. f74, said point being 500.4 feet, more or less, In a Southwesterly direction along the center of said Road from the Southwestern corner of land now or formerly of Percy O. Jumper and Lllllan B. Jumper; thence by land of Raymond C. Shughart and Cora B. Shugha~ his wife, South 57 degrees 5 minutes East 164 feet, more or less to a point in the center of former Pennsylvania Highway Route No. 174; thence hY the center of said Road, South 70 degrees 45 minutes West 105 feet to a point; thence by land Of Raymond C. Shughart and Cora B. Shughart, his wife, North 37 degrees 5 minutes West 151 feet, more or less, to a point in the center of relocated Pennsylvania Highway Route NO. 174; thence bY the center of said Road, North 52 degrees 55 minutes East 100 feet to the Place of BEGINNING. CONTAINING .$4 Acre, more or less. TRACT NO. 1 BEGINNING at a point at the Intersection of the legal right of way of Pennsylvania State ROUte t74 and legal right of way of township road 640; thence along the legal right of way line of said Pennsylvania State ROUte 17zI NOrth 56 degrees 45 minutes East two hundred sixty.four and seventy-one one-hundredths (264.71) feet to a point on said legal right of way; thence by Lot No. 2 on the Plan of Lots hereinafter mentioned South 37 degrees 5 minutes East seventy four and seventy-four one-hundredthS (74.74) feet to a point on the dedicated right of way line Of township road 640 as shown on said Plan of Lots; thence along said dedicated right of way line of township road 640 South 70 degrees 45 minutes West two hundred eighty and forty- slx one*hundredths (280.46) feet to a point on the legal right of way line of township road 640; thence along said legal right of way line of township road 640 North ~9 degrees 15 minutes West slx and fiftY one*hundredths (6.50) feet to the point and place of BEOINNING.~ COMPANY NAME: i, mmm ~r~c ~ s'~x~,s, ~,~. 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 February 26, 2001 By Title Leanne Galvin,Vice President MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTIFF VS. HARRY ADEN HINKLE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 1204 IN MORTGAGE FORECLOSURE p R A ~. C I P ~. TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendant HARRY ADEN HINKLE for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $20.07 from 3/1/00 to 3/1/01) Accumulated late charges Late charges ($34.72 per month to 3/01) Escrow Deficit 5% Attorney's Commission $104,672.90 $ 7,325.55 371.17 416.64 $ 551.28 $ 5,233.65 TOTAL $118,571.19'* ** 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. Hailer PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTIFF VS. HARRY ADEN HINKLE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 1204 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on MAY 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. By Leon P. Haller PA I.D. Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front St. Harrisburg, PA 17102 #15700 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, iNC. Plaintiff : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. HARRY ADEN H1NKLE Defendant : NO. 01-1204 : CIViL ACTION LAW : IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: May 21, 2001 TO: HARRY ADEN HINKLE 1330 CHURCH STREET 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 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 ENTE1LED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 LEON P. HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 2344178 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTIFF VS. HARRY ADEN HINKLE, DEFENDANT IN THE COURT OF COMMON FLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 1204 IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NA24ED DEFENDANTS: You are hereby notified that following judgment has been entered captioned matter: on [~ /2,~/ the agains~ you in the above- $118,571.19 and for the sale and foreclosure of your property located at: 1330 CHURCH STREET, CARLISLE, PA 17013 PROTHONOTAP~Y ' Attorney for Plaintiff: Leon P. Hailer 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 Harry Aden Hinkle 1330 Church Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2001 1204 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTIFF VS. HARRY ADEN HINKLE, DEFENDANT TOTAL AMOUNT OF JUDGMENT $118,571.19 / Interest at $20.07 per diem to sale date $ 3,773.16 Late charges at $34.72 per month to sale date $ 173.60 Escrow Deficit $ 2,000.00 TOTAL $124,517.95, *SALE DATE: WEDS.,SEPT. 5, 2001 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution intoned case. Date: June 11, 2001 Attorney for Plaintiff 1719 North Front Street Leon P. Haller 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 1330 CHURCH STREET, CARLISLE, PA 17013. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY T~ACT 1: ALL THAT CERTAIN lot or piece of land situate in Monroe Township, Cumberland County, Pennsylvania, hounded and described pursuant to a compass survey by Tom O. Bietsch, Registered Surveyor, in April 1959, as follows, to wit: BEGINNING at a point in the center of relocated Pennsylvania Highway Route No. 174, said point being 500.4 feet, more or less, in a Southwesterly direction along the center of said Road from the Southwestern corner of land now or formerly of Percy o. Jumper and Lilllan B. Jumper;' thence by land of Raymond C. Shughart and Cora B. Shughart, his wife, South 37 degrees 5 minutes East 164 feet, more or less to a poiut in the center of former pennsylvania Highway Route NO. 174; thence by the center of said Road, South 70 degrees 45 minutes West 105 feet to a point; thence by land of Raymond C. Shughart and Cora B. Shughart, his wife, North 37 degrees 5 minutes West 131 feet, more or less, to a point in the center of relocated Pennsylvania Highway Route No. 174; thence by the center of said Road, North 52 degrees 55 minutes East 100 feet to the Place of BEGINNING. CONTAINING .34 Acre, more or less. T~ACT 2: ~T.L THAT CERTAIN parcel of ground situate in the Township of Monroe, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the intersection of the legal right of way of Pennsylvania State Route 174 and legal right-of-way of Township Road 640; thence along the legal right-of-way line of said Pennsylvania State Route 174 north 56 degrees 45 minutes east two hundred sixty-four and seventy-one one-hundredths (264.71) feet to a point on said legal right-of-way; thence by Lot No. 2 on the Plan of Lots hereinafter mentioned south 37 degrees 5 minutes east seventy-four and seventy-four one-hundredths (74.74) feet to a point on the dedicated right-of-way line of Township Road 640 as shown on said Plan of Lots; thence along said dedicated right-of- way line of Township Road 640 s~uth 70 degrees 45 minutes west two hundred eighty and forty-six one-hundredths (280.46) feet to a point on the legal right-of-way line of Township Road 640; thence along said legal right-of-way llne of Township Road 640 north 19 degrees 15 minutes west six and fifty-one hundredths (6.50) feet to the point and place of BEGINNING. BEING Lot NO. 1 on Subdivision Plan of Cora B. Shughart which said plan remains of record in the Recorder's Office of Cumberland County in Plan Book 22, Page 161. PARCEL: 22-28-2401-119 THE DWELLING ERECTED THEREON KNOWN AS 1330 CHURCH STREET, CARLISLE, PA. BEING THE SAME PREMISES WHICH Larry D. Shughart et al by deed dated 3/29/96 and recorded in Deed Book 136 page 1026 granted and conveyed unto Harry Aden Hinkle. TO BE SOLD AS THE PROPERTY OF HARRY ADEN HINKLE ON JUDGMENT NO. 2001 1204. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTIFF VS. HARRY ADEN HINKLE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 1204 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUA/~T 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 1330 Church Street, Carlisle, PA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): Harry Aden Hinkle 1330 Church Street Carlisle, PA 17013 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 judgzaent creditor whose judgment appears of record on the real property to be sold: of 4. Name and address of last recorded holder of every mortgage record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: U19/(NOWN 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: U1F~NOWN 7. Name and address of every other person of whom the MORTGAGE ELECTRONIC : REGISTRATION SYSTEMS, INC., : PLAINTIFF : VS. : : HARRY ADEN HINKLE, : DEFENDANT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 1204 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, SEPTEMBER 5, 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: 1330 CHURCH STREET CARLISLE CUMBERLA/~-D COUI~TY PE191qSYLVi~NIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2001 1204 THE Ni~N~E(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: HARRY ADEN HINKLE 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 HAY 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 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, }dRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Township, pursuant Surveyor, A~. T~AT CERTAIN lot or piece of land situate in Monroe cumberland County, Pennsylvania, bounded and described to a compass survey by Tom O. Bietsch, Registered in April 1959, as follows, to wit: BEGINNING at a point in the center of relocated Pennsylvania Highway Route No. 174, said point being 500.4 feet, more or less, in a Southwesterly direction along the center of said Road from the Southwestern corner of land now or formerly of Percy O. Jumper and Lillian B. Jumper;' thence by land of Raymond C. Shughart and Cora B. Shughart, his wife, South 37 degrees 5 minutes East 164 feet, more or less to a point in the center of former Pennsylvania Highway Route No. 174; thence by the center of said Road, South 70 degrees 45 minutes West 105 feet to a point; thence by land of Raymond C. Shughart and Cora B. Shughart, his wife, North 37 degrees 5 minutes West 131 feet, more or less, to a point in the center of relocated pennsylvania Highway Route No. 174; thence by the center of said Road, North 52 degrees 55 minutes East 100 feet to the place of BEGINNING. CONTAINING .]4 Acre, more or less. TRACT ALL TRAT CERTAIN parcel of ground situate in the Township of Monroe, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the intersection of the legal right of way of Pennsylvania State Route 174 and legal right-of-way of Township Road 640; thence along the legal right-of-way line of said Pennsylvania State Route 174 north 56 degrees 45 minutes east two hundred sixty-four and seventy-one one-hundredths (264.71) feet to a point on said legal right-of-way; thence by Lot No. 2 on the Plan of Lots hereinafter mentioned south 37 degrees 5 minutes east seventy-four and seventy-four one-hundredths (74.74) feet to a point on the dedicated right-of-way line of Township Road 640 as shown on said Plan of Lots; thence along said dedicated right-of- way line of Township Road 640 sbuth 70 degrees 45 minutes west two hundred eighty and forty-six one-hundredths (280.46) feet to a point on the legal right-of-way line of Township Road 640; thence along said legal right-of-way line of Township Road 640 north 19 degrees 15 minutes west six and fifty-one hundredths (6.50) feet to the point and place of HEGINNING. BEING Lot NO. 1 on Subdivision Plan of Cora B. Shughart which said plan remains of record in the Recorder's Office of Cumberland County in Plan Book 22, Page 161. PARCEL: 22-28-2401-119 THE DWELLING ERECTED THEREON KNOWN AS 1330 CHURCH STREET, CARLISLE, PA. BEING THE SAME PREMISES WHICH Larry D. Shughart et al by deed dated 3/29/96 and recorded in Deed Book 136 page 1026 granted and conveyed unto Harry Aden Hinkle. TO BE SOLD AS THE PROPERTY OF HARRY ADEN HINKLE ON JUDGMENT NO. 2001 1204. Mortgage Electronic Registration Systems, Inc VS Harry Aden Hinkle In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1204 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Leon Haller. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 25.66 Mileage 10.40 Levy 15.00 Advertising 15.00 Certified Mail 1.73 Poundage 11.89 Postpone Sale Law Journal 333.60 Patriot News 116.66 $606.44 paid by attomey 8/31/01 Sworn and subscribed to before me This ,? ~ day of ~er,&Z~., 200 , ^.D. Prothonotary R. Thomas Kline, Sheriff BY (~( ~ Re§l Estate Deputy MORTGAGE ELECTRONIC : REGISTRATION SYSTEMS, INC., : PLAINTIFF : VS. : : HARRY ADEN HINKLE, : DEPENDANT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 1204 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, SEPTEMBER 5, 2001 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: 1330 CHURCH STREET CARLISLE 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 1204 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: HARRY ADEN HINKLE A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DE~D 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 T~ACT 1: ALL THAT CENTAIN lot or piec~ of land situate in Monroe Township, cumberland County, Pennsylvania, bounded and described pursuant to a compass survey by Tom O. Bietsch, Registered Surveyor, in April 1959, as follows, to wit: BEGINNING at a point in the center of relocated Pennsylvania Highway Route No. 174, said point being 500.4 feet, more or less, in a Southwesterly direction along the center of said Road from the Southwestern corner of land now or formerly of Percy o. Jumper and Lillian B. Jumper;' thence by land of Raymond C. Shughart and Cora B. Shughart, his wife, South 37 degrees 5 minutes East 164 feet, more or less to a point in the center of former Pennsylvania Highway Route No. 174; thence by the center of said Road, South 70 degrees 45 minutes West 105 feet to a point; thence by land of Raymond C. Shughart and Cora B. Shughart, his wife, North 37 degrees 5 minutes West 131 feet, more or less, to a point in the center of relocated Pennsylvania Highway Route No. 174; thence by the center of said Road, North 52 degrees 55 minutes East 100 feet to the Place of BEGINNING. COIFfAIBING .34 Acre, more or less. T~ACT 2: ~;.T. THAT CERTAIN parcel of ground situate in the Township of Monroe, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the intersection of the legal right of way of Pennsylvania State Route 174 and legal right-of-way of Township Road 640; thence along the legal right-of-way line of said Pennsylvania State Route 174 north 56 degrees 45 minutes east two hundred sixty-four and seventy-one one-hundredths (264.71) feet to a point on said legal right-of-way; thence by Lot No. 2 on the Plan of Lots hereinafter mentioned south 37 degrees 5 minutes east seventy-four and seventy-four one-hundredths (74.74) feet to a point on the dedicated right-of-way line of Township Road 640 as shown on said Plan of Lots; thence along said dedicated right-of- way line of Township Road 640 s~uth 70 degrees 45 minutes west two hundred eighty and forty-six one-hundredths (280.46) feet to a point on the legal right-of-way line of Township Road 640; thence along said legal right-of-way line of Township Road 640 north 19 degrees 15 minutes west six and fifty-one hundredths (6.50) feet to the point and place of BEGINNING. BEINQ Lot NO. I on Subdivision Plan of Cora B. Shughart which said plan remains of record in the Recorder's Office of Cumberland County in Plan Book 22, Page 161. PARCEL: 22-28-2401-119 THE DWELLING ERECTED THEREON K~OWN AS 1330 CHURCH STREET, CARLISLE, PA. BEING THE SAME PREMISES WHICH Larry D. Shughart et al by deed dated 3/29/96 and recorded in Deed Book 136 page 1026 granted and conveyed unto Harry Aden Hinkle. TO BE SOLD AS THE PROPERTY OF HARRY ADEN HINKLE ON JUDGMENT NO. 2001 1204. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) ~' NO. _~-1204 _ CiVIL)iii I'IgRN COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF ~ .......... COUNTY: To satisfy the debt, interest and costs due ~o_~tga. ge Electronic Registration Systems, Inc. PLAINTIFF(S) from ___ Har-c~den Hinkle ~30 ChiLUCh Strcc/b_Carlisle, Pa. 17013 __DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell ~~m3dLsall the property described in thee attached description known as ~330 Ch~mch Strec~t~ZlarJ3cs3_e~__Pa. 17013 __ (2) You are also directed to at~ach the properly of the defendant(s) not levied upon in the possession of __ GARNISHEE(S) as follows: and to holily the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/he r that he/she has been added as a garnishee and is enjoined as above stated. Amount Due ~118~_571 Int. at $20.07 per diem to sale date Interest $3,773 1 Atty's Comm % Arty Paid 103.72 Plaintiff Paid L.L _ $0.50 Due Prothy 1.00 ~)~ee ,charges at $34.?2 per month-to sale date r L, OS,S ] 73 6f~ E_sCrow Deficit $2,000,00 Date:_ June 12, 200l REQUESTING PARTY: Name_ Leon P. Haller~ Address: 1719 NorYh Front Street Rarrisburfh, .Pa. 17102 A~orney for: P]a~nY~ff__ Telephone: (717) 2q4-4] 7R Supreme Court ID No. 15700 by: Curtis R. Lonq Prothonotary, Civil Division Deputy TRUE COPY FROM RECO D In Testimony whersof, I here unto ~t r~iy arid the ~ of ~Jd C~t at ~rl~, This day _ REAL ESTATE SALE No. q ~ interest in the real proDertv "~' ~,ox ~ Cumberland County, Pa.~ ~.~ and more Exhibit "A" filed wit~ this writ and by this reference mr' ',~rqted herein. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : $$. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that thc 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: JULY 20, 27, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. I~KAL ~TAT~ ~ ]~0. 49 Writ No. 2001-1204 Civil Mortgage Electronic Registration Systems Inc. Harry Aden Hinkle Atty,: Leon P. Hailer TRACT 1: ALL THAT CERTAIN lot or piece of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described pursuant to a compass survey by Tom O. Bletsch, Registered Surveyor, in April 1959. as follows, to wit: BEGINNING at a point in the cen- ter of relocated Pennsylvania High- way Route No. 174, said point being 500.4 feet, more or less, in a South- westerly direction along the center of said Road from the Southwest em comer of land now _or [o_rmerly SWORN TO AND SUBSCRIBED before me this 27 day of JULY, 2001 _LO~S E. SNYDER, homy pa~ THE PATRIOT NEWS THE SUNDAY 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 Th~ 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 July 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 Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S A L E #49 grr, Ak ~E~TATE ~ N~ 4g TR~ : ~ ~ or B~NNING at a ~m in~ ~ ~ mt~a~ P~asylv~ a Hig~y g~e N~ 174, ~ ~m ~ing ~.4 fe~ ~or Jess. in a $~h~y d~ a~ the Member, PennsyNania Association ~ N~ My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total 118.16 1.50 116.66 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid.