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HomeMy WebLinkAbout02-1360HOMESIDE LENDING, INC. IN THE COURT OF COMMON PLEAS Plaintiff I OF CUMBERLAND COUNTY Vs. MARCIE L. SHEAFFER A/K/A MARCIE SHEAFFER WAYNE L. SHEAFFER Defendants CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 7Z6. 0.2- 160 ear 7 -- 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE 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 DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 HOMESIDE LENDING, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. MARCIE L. SHEAFFER A/K/A MARCIE SHEAFFER WAYNE L. SHEAFFER, Defendants CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity 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 HOMESIDE LENDING, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW MARCIE L. SHEAFFER A/K/A ACTION OF MORTGAGE FORECLOSURE MARCIE SHEAFFER WAYNE L. SHEAFFER, : o C ?/ T7. Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is HOMESIDE LENDING, INC., a corporation whose address is 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. 2. Defendant, MARCIE L. SHEAFFER A/K/A MARCIE SHEAFFER, is an adult individual whose last known address is 655 GRAHAMS WOODS ROAD, NEWVILLE, PENNSYLVANIA 17241. Defendant, WAYNE L. SHEAFFER, is an adult individual whose last known address is 655 GRAHAMS WOODS ROAD, NEWVILLE, PENNSYLVANIA 17241. 3. On or about, March 16, 1999, the said Defendants executed and delivered a Mortgage Note in the sum of $98,009.00 payable to HOMESIDE LENDING INC., which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1528, Page 716 conveying to original Mortgagee the subject premises. The said Mortgage is incorporated herein. 5. The land subject to the Mortgage is: 655 GRAHAMS WOODS ROAD, NEWVILLE, PENNSYLVANIA 17241 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 June 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $18.12 per day From 05/01/2001 To 04/01/2002 (based on contract rate of 7.0000%) Accumulated Late Charges Late Charges $34.40 From 06/01/2001 to 04/01/2002 Escrow Balance (Deficit) Attorney's Fee at 5% of Principal Balance TOTAL $94,473.60 $6,070.20 $412.80 $344.00 $642.01 $4,723.68 $106,666.29 **Together with interest at the per diem rate noted above after April 01, 2002 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to foreclosure and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.0000% ($18.12 per diem), together with other charges RUG Sale and for foreclosure and sale and costs including escrow advances inci=K- of the property within described. By: ,R Leon P. 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Baaa+oaoolpNaalapmioda:aaudanernOSaaainadagdsNWe l,/?? • A aJ?/ IMMIX 96 MHERYMM "?-?s?i?af sX L MUMFZR17 ?V'swaa+arwwrar.aw am replan palaaoll Hs159380.t1f (1696x2200x2 titt) L13J r i' m :z F•l. x?.: _. ,I,EpjtlpCRIPTIOL: ER PIIMRIPMO'"Nollp ?2:r 1 OFC9NfD YD IN THIS. q TUAjfO IN$UPPcEiNM19ED 69 'ALL''YNAi•e9RTA1N PROPER •'441 T19i°.Ot1UMYY'0F ISIIIIIERLANO. AMY STATE OF pEN11WYlYMlIA '. iNf.0E9CRIfEO IN A GEED 011TF0 412910. i:: MpyRSEO 4120106. AMML TAE LANG RWCORDf 9t TM1 COIIIITY '• ?AMp.9IATE.:SFT. F08TN ABOVE. AM REFENEMFO AS PILLOW: . a • 'GOOK as PAGE 3WI1. PPER FRANKtORO ALL TPAT CERTAIN PIECE ON PARCEL OF LAO 91TUATF IN UMID R FIk W O Tow"IP.. CUMEEMAMD WUNTY. PENNSYLVAAIA. SOON= ORIORIOND PE4LIMI9: Ai CENtTER 1111E OF USAINOM "M Moo (1-441) "60INNTtIf 7 ON THE NSREILAFTER 11EIIi101Y:4 PLMI A POINT !N THE 48 'AT THE wotTMMST cWmSw OF LOT NO. 11Y :1 THE DOlYIOIN9 O LOTS: MOM fY THE CENTE9 LINE OF fM0 POLO. NORTN >!2 E9REE1 M. I MIN of DEGREES S4 MINUTES MINYTE9 If fEC011DO *EST, 140 IFFY TO A POINT; INIME LIME SETSEEM LOTS no. S AND 0 SN SAID PL p 1ECOMD9 EAST. 260.06 FEET 70 A pS1AN TMIT" 22YU6011FEg 46 MINUTES If ' SNTSESN LOTS NOS. f ANO'19 ON SAID PLAN. MIS FA`Tta FORT SAID PLAN 1011101- M WOSORSE5 941 SINUIRS 03 sO?S •.?A "{, SEOINNIM9. 1 OMT. 2g1.a1 FIAT TO A POINT. THE PLACE OF We nvmt go. 43-05-0419-021 {t ..;.. iH :x IR UN I 1ariS'?1lRu? ? VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for the Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff HOMESIDE LENDING, INC. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: March 18, 2002 0 , Leon P. Haller, Esquire `-J j = aC K O _ I ? G a, ro p.., I-l m \ U3 O G U \ 00 E G a) G m m E (1) ?4 H b a0 m W G ro cz v i U a) !a Sa 7, I.1 O w w a1 O L4.4 4,5 -i G 44 Q)w LL z O G i U a •a ca a) w a o ? G a) 'C7 a) w N G c +-) O G f4 G C w a) 5 z m p u O O a1 m co c a) F, C? (n .] < o 'd X U G U a) a) w cn G cc d ao 'd w -a O (3)-4 (a rj •? v a, CZ I4 ,C: w 14 oo m4-3 i •? N -+ U 4-3 a) •H 4-) a) G U U G P+ a) H aUxz =r--I 7: x3 ULt4 ON MHOA l9£SILL1L9 'ON Wtl' 0000 AlddnS A?ddllS IY031 31YISIIV T HOMESIDE LENDING, INC. Plaintiff VS. MARCIE L. SHEAFFER A/K/A MARCIE SHEAFFER AND WAYNE L. SHEAFFER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1360 gIVIL CIVIL ACTION LAW - IN MORTGAGE FORECLOSURE P R A E C I P B TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants Marcie L. Sheaffer a/k/a Marci Sheaffer and Wayne L. Sheaffer for failure to plead to the abo a action within twenty (20) days from date of service of the Comp aint, and assess Plaintiff's damages as follows: Unpaid principal balance $ 94,473.60 Interest $ ,070.20 (Per diem of $18.12 from 5/1/01 to 4/1/02) Accumulated late charges and Late charges' $ 756.80 ($34.40 per month to 4/02) Escrow Deficit $ 642.01 5% Attorney's Commission 723.68 TOTAL $106,666.29** ** Together with additional interest at the per them rate indicated above from April 1, 2002, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & By v Leo er PA I.D. #15700 1719 North Front Street Harrisburg, PA 1710 (717) 234-4178 'c4 ?Q - ? V n C= 0 iv N) c? a? Zu L HOMESIDE LENDING, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02-1360 CIVIL MARCIE L. SHEAFFER A/K/A MARCIE CIVIL ACTION -I' LAW - SHEAFFER AND WAYNE L. SHEAFFER IN MORTGAGE FORECLOSURE Defendants PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 TO THE PROTHONOTARY: Issue Writ of Execution in the above matter on the real estate located at 655 Grahams Woods Road, Newville, PA 7241 as follows: Amount due pursuant to Judgment $106,666.29 Interest (Per diem of $18.12 from 4/1/02 to 9/4/02) $ 2,826.72 Late Charges at $34.40 (4/02 to 9/02) $ 172.00 Escrow deficit $ .500.00 TOTAL WRIT ** Together with any additional interest, date of Sheriff's Sale. By AT R RNEY FOR P 1719 North Fro Harrisburg, PA (717) 234-4178 ,165.01** and costs to the I. D. AINTIFF t Street 17102 700 Dated: June 11, 2002 Attached is a description of the real estate. LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of Grah (T-448) at the Northwest corner of Lot No. 7 on mentioned Plan of Lots; thence by the center li North 22 degrees 48 minutes 18 seconds West, 14 thence by the dividing line between Lots Nos. 5 North 68 degrees 54 minutes 03 seconds East, 28 point; thence by the dividing line between Lots said Plan, South 22 degrees 48 minutes 15 secon a point; thence by the dividing line between Lo said Plan, South 68 degrees 54 minutes 03 secon to a point, the Place of BEGINNING. sms Woods Road the hereinafter ne of said Road, D feet to a point; and 6 on said Plan, 3.01 feet to a Nos. 6 and 13 on is East 140 feet to is Nos. 6 and 7 on 3s West, 281.01 feet BEING Lot No. 6 in the Plan of Lots of Clepper Farms, Inc., recorded in Plan Book 43, at Page 3. HAVING THEREON ERECTED A DWELLING KNOWN AS 655 G?ahams Woods Road, Newville, Pennsylvania BEING THE SAME PREMISES which Michael D. Hansen and Wendy R. Hansen, by Deed dated April 25, 1996 and recorded April 30, 1996 in Cumberland County Deed Book 138, Page 362, granted and conveyed unto Wayne L. Sheaffer and Marcie L. Sheaffer. TO BE SOLD AS THE PROPERTY OF WAYNE L. SHEAF ER AND MARCIE L. SHEAFFER UNDER JUDGMENT NO. 2002-1360 CIVIL TERM PARCEL NO. 43-05-0419-021 i gi 0 C N -r: Mrr, :T U ? ' N .t ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-1360 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOMESIDE LENDING, INC. From MARCIE L. SHEAFFER A/K/A MARCIE SHEAFFER AND WA 655 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied u of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnis paying any debt to or for the account of the defendant (s) and from delivering any I (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is fow of anyone other than a named garnishee, you are directed to notify him/her that he/, garnishee and is enjoined as above stated. Amount Due $106,666.29 L.L.$.50 Interest (PER DIEM OF $18.12 FROM 4/1/02 TO 9/4/02) $2,826.72 Atty's Comm % Due Prothy $1.00 Atty Paid $122.21 Other Costs LATE CHAI TO 9/02) $172.00 ESCROW DEFICIT $1,500.00 TOGETHER WITH ANY ADDITIONAL INTEREST, CHARGES AND C OF SHERIFF'S SALE Plaintiff Paid 1 Date: JANE 12, 2002 CURTIS R. LO (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: 1719 N FRONT ST, HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-2344178 Supreme Court ID No. 15700 Deputy .tiff (s) L.SHEAFFER ATTACHED in the possession is enjoined from of the defendant i in the possession ie has been added as a AT $34.40 (4/02 TO THE DATE 4 HOMESIDE LENDING, INC. Plaintiff VS. MARCIE L. SHEAFFER A/K/A MARCIE SHEAFFER AND WAYNE L. SHEAFFER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1360 CIVIL CIVIL ACTION -I'LAW - IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I hereby certify that on May 8, 2002 I served the Ten Day Notice required by Pa. R.C.P. 237.1 upon the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. PURCELL, KRUG & HALLER By Attdx.neq;--rbr Plai tiff 9 North.Front Street Harrisburg, PA 17102 15700 Dated: June 11, 2002 r v> h; 57. r i HOMESIDE LENDING, INC., Plaintiff VS. MARCIE L. SHEAFFER A/K/A MARCIE SHEAFFER WAYNE L. SHEAFFER Defendants DATE OF THIS NOTICE: May 8, 2002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1360 CIVIL TERM i CIVIL ACTION LAW IN MORTGAGE FORECLOSURE TO: MARCIE L. SHEAFFER A/K/A MARCIE SHEAFFER 655 GRAHAMS WOODS ROAD NEWVILLE, PA 17241 WAYNE L. SHEAFFER 655 GRAHAMS WOODS ROAD NEWVILLE, PA 17241 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE A MPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFO ATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLL TING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A TTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COUR 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 BEE RED 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 140T 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 SER CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PURCELL,KRUG LEON PAMELER, Attorne for Plaint I.D. # 15700 1719 N. Front St., Hamsburg PA 17102 (717) 234-4178 n rlj t7 l t Fl, L ..+ T 4 . HOMESIDE LENDING, INC. Plaintiff VS. MARCIE L. SHEAFFER A/K/A MARCIE SHEAFFER AND WAYNE L. SHEAFFER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1360 (CIVIL CIVIL ACTION LAW - IN MORTGAGE F6RECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on the following judgment has been entered against you i the above- captioned matter: $106,666.29 and for the sale and foreclosure of your property located at: 655 Grahams Woods Road, Newville, P 17241 Dated: JUA_?g_ 12 CY)a? 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) and their respective addresses are the proper individuals to receive this Notice pursuant to PA R.C.P. No. 236: Marcie L. Sheaffer a/k/a Marcie Sheaffer 655 Grahams Woods Road Newville, PA 17241 Wayne L. Sheaffer 655 Grahams Woods Road Newville, PA 17241 HOMESIDE LENDING, INC. Plaintiff VS. MARCIE L. SHEAFFER A/K/A MARCIE SHEAFFER AND WAYNE L. SHEAFFER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1360 CIVIL ACTION IN MORTGAGE F LAW - P R A E C I P E TO THE PROTHONOTARY OF THE'WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of against Defendants Marcie L. Sheaffer a/k/a M Wayne L. Sheaffer for failure to plead to the twenty (20) days from date of service of the Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $18.12 from 5/1/01 to 4/1/02) Accumulated late charges and Late charges ($34.40 per month to 4/02) Escrow Deficit 5W Attorney's Commission TOTAL the Plaintiff and ircie Sheaffer and above action within 'omplaint, and assess $ 9t,473.60 $ ,070.20 $ 756.80 $ 642.01 723.68 $10 ,666.29** ** Together with additional interest at the per d'em rate indicated above from April 1, 2002, based on the contract r te, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & By. I.D. #x.5700 1719 North Front Harrisburg, PA 1 (717) 234-4178 HOMESIDE LENDING, INC. Plaintiff VS. MARCIE L. SHEAFFER A/K/A MARCIE SHEAFFER AND WAYNE L. SHEAFFER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1360 CIVIL CIVIL ACTION LAW - IN MORTGAGE FORECLOSURE The Plaintiff in the above action, by its at orneys, Purcell, Krug & Haller, sets forth as of the date the prae ipe for the writ of execution was filed, the following information concerning the real property located at 655 Grahams Woods Road, ewville, PA 17241: 1. Name and address of the Owner(s) or Marcie L. Sheaffer a/k/a Marcie Sheaffer 655 Grahams Woods Road Newville, PA 17241 Wayne L. Sheaffer 655 Grahams Woods Road Newville, PA 17241 2. Name and address of Defendant(s) in the different from that listed in (1) above: SAME 3. Name and address of every judgment credit appears of record on the real property to be sold; UNKNOWN 4. Name and address of last recorded holder of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Firstplus Financial, Inc. 5315 Campbells Run Road, Suite 190 Pittsburgh, PA 15205 5. Name and address of every other person lien on the property: Owner(s): if whose judgment of every mortgage has any record UNKNOWN 6. Name and address of every other person w o has any record interest in the property and whose interest may b affected by the sale: UNMOWN 7. Name and address of every other person o Plaintiff has knowledge who has any interest in t may be affected by the sale: TENANTS IF ANY ... DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 (In the preceding information, where addre reasonably ascertained, the same is indicated.) whom the property which could not be 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 relat n to unsworn falsification to authorities. purUe-ll, Krug 1719 North Frc Harrisburg, PA (717) 234-41 PA /I.D. #15700 r Haller it Street 17102 78 DATE: June 11, 2002 W I HOMESIDE LENDING, INC. Plaintiff VS. MARCIE L. SHEAFFER A/K/A MARCIE SHEAFFER AND WAYNE L. SHEAFFER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1360 dIVIL CIVIL ACTION -! LAW - IN MORTGAGE FdRECLOSURE IFF'S SALE PURSUANT TO TAKE NOTICE: held: That the Sheriff's Sale of Real Property ( DATE:WEDNESDAY, SEPTEMBER 4, 2002 TIME:10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in dete description mainly consisting of a statement of tY boundaries of the property, together with a brief buildings and any other major improvements erectec (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 655 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241 estate) will be 1 in a legal measured ention of the on the land. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and C unty to: 2002-1360-CIVIL is: THE NAME(S) OF THE OWNER(S) OR REPUTED of this property WAYNE L. SHEAFFER AND MARCIE L. A SCHEDULE OF DISTRIBUTION, being a list of governmental or corporate entities or agencies be receive part of the proceeds of the sale received disbursed by the Sheriff (for example, to banks t; and municipalities that are owed taxes) will be f Sheriff of this County thirty (30) days after the distribution of the proceeds of sale in accordance schedule will, in fact, be made unless someone ob exceptions to it within ten (10) days of the date Information from the Sheriff at the Courthouse YOUR PROPERTY. about the Schedule of Distribut of the Court of Common Pleas of address specified herein. PAY THE JUDGMENT. he persons and/or ng entitled to and to be ,at hold mortgages led by the sale and with this ects by filing it is filed. may be obtained within County 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 TARE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT ERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone (717) 249-3166 800-990-9108 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 prope cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED S DELIVERED. 3. A petition or petitions raising the lega mentioned in the preceding paragraphs must be pre Court of Common Pleas of the within County. The served on the attorney for the creditor or on the presentation to the court and a proposed order or attached to the petition. issues or rights ented to the etition must be creditor before rule must be If a specific return date is desired, such d to must be obtained from the Court Administrator's Office - ivil Division, of the within County Courthouse, before a presentati n of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HAL ER Attorneys for Plain iff 1719 North Front St eet Harrisburg, PA 1710 (717) 234-4178 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land 'situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of Gra (T-448) at the Northwest corner of Lot No. 7 0 mentioned Plan of Lots; thence by the center 1 North 22 degrees 48 minutes 18 seconds West, 1 thence by the dividing line between Lots Nos. North 68 degrees 54 minutes 03 seconds East, 2 point; thence by the dividing line between Lot said Plan, South 22 degrees 48 minutes 15 seco a point; thence by the dividing line between L said Plan, South 68 degrees 54 minutes 03 seco to a point, the Place of BEGINNING. BEING Lot No. 6 in the Plan of Lots of Clepper in Plan Book 43, at Page 3. HAVING THEREON ERECTED A DWELLING KNOWN AS 655 Newville, Pennsylvania ams Woods Road the hereinafter ne of said Road, 0 feet to a point; and 6 on said Plan, 0.01 feet to a Nos. 6 and 13 on ds East 140 feet to is Nos. 6 and 7 on ds West, 281.01 feet Farms, Inc., recorded Woods Road, BEING THE SAME PREMISES which Michael D. H sen and Wendy K. Hansen, by Deed dated April 25, 1996 and recorded April 30, 1996 in Cumberland County Deed Book 138, Page 362, granted and conveyed unto Wayne L. Sheaffer and Marcie L. Sheaffer. TO BE SOLD AS THE PROPERTY OF WAYNE L. SHEAFFER UNDER JUDGMENT NO. 2002-1360 CIVIL AND MARCIE L. PARCEL NO. 43-05-0419-021 C) CD n r ra =.-? M`l1 Mfli _q iT'1 '"l HOMESIDE LENDING, INC. Plaintiff VS. MARCIE L. SHEAFFER A/K/A MARCIE SHEAFFER AND WAYNE L. SHEAFFER Defendants . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1360 CIVIL CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have de osited in the U.S. Mails at Harrisburg, Pennsylvania on , 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, which mailing receipts are attached. Service addresses are as follows: Marcie L. Sheaffer a/k/a Marcie Sheaffer 655 Grahams Woods Road Newville, PA 17241 Wayne L. Sheaffer 655 Grahams Woods Road Newville, PA 17241 Firstplus Financial, Inc. 5315 Campbells Run Road, Suite 190 Pittsburgh, PA 15205 DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 By PURCgj,Y, HALLER Attorneys r Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 w LAW OFFICES PURCELL, KRUGANDHALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 JOHN W. PURCELL TELEPHONE (717) 234-4178 HOWARD B. KRUG FORECLOSURE DEPT. FAX (717) 234-1206 LEON P. HALLER JOHN W.PURCELLJR. BRIAN J. TYLER JILL M. WINEKA (717) 533-3836 NOTICE TO: Marcie L. Sheaffer a/k/a Marcie Sheaffer 655 Grahams Woods Road Newville, PA 1724 1 Wayne L. Sheaffer 655 Grahams Woods Road Newville, PA 17241 Firstplus Financial, Inc. 5315 Campbells Run Road, Suite 190 Pittsburgh, PA 15205 DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against -the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and t ou have an opportunity to protect your interest, if any b ' ied of said Sheriff's Sale. By: Leo ler PA I.D.1 700 Attorney for Plaintiff HOMESIDE LENDING, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02-1360 CIVIL MARCIE L. SHEAFFER A/K/A MARCIE : CIVIL ACTION - LAW - SHEAFFER AND WAYNE L. SHEAFFER IN MORTGAGE FORECLOSURE Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: That the Sheriff's Sale of Real Property (real estate) will be DATE:WEDNESDAY, SEPTEMBER 4, 2002 TIME:10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 655 GRAHAMS WOODS ROAD, NENVILLE, PA 17241 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 2002-1360-CIVIL THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: WAYNE L. SHEAFFER AND MARCIE L. SHEAFFER 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 TINS 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 Phone (717) 249-3166 800-990-9108 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 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of Grahams Woods Road (T-448) at the Northwest corner of Lot No. 7 on the hereinafter mentioned Plan of Lots; thence by the center line of said Road, North 22 degrees 48 minutes 18 seconds West, 140 feet to a point; thence by the dividing line between Lots Nos. 5 and 6 on said Plan, North 68 degrees 54 minutes 03 seconds East, 280.01 feet to a point; thence by the dividing line between Lots Nos. 6 and 13 on said Plan, South 22 degrees 48 minutes 15 seconds East 140 feet to a point; thence by the dividing line between Lots Nos. 6 and 7 on said Plan, South 68 degrees 54 minutes 03 seconds West, 281.01 feet to a point, the Place of BEGINNING. BEING Lot No. 6 in the Plan of Lots of Clepper Farms, Inc., recorded in Plan Book 43, at Page 3. HAVING THEREON ERECTED A DWELLING KNOWN AS 655 Grahams Woods Road, Newville, Pennsylvania BEING THE SAME PREMISES which Michael D. Hansen and Wendy K. Hansen, by Deed dated April 25, 1996 and recorded April 30, 1996 in Cumberland County Deed Book 138, Page 362, granted and conveyed unto Wayne L. Sheaffer and Marcie L. Sheaffer. TO BE SOLD AS THE PROPERTY OF WAYNE L. SHEAFFER AND MARCIE L. SHEAFFER UNDER JUDGMENT NO. 2002-1360 CIVIL TERM PARCEL NO. 43-05-0419-021 Homeside v. Sheaffer Cumberland County sale 9/4/02 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Marcie L. Sheaffer a/k/a Marcie Sheaffer 655 Grahams Woods Road Newville, PA 17241 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Wayne L. Sheaffer 655 Grahams Woods Road Newville, PA 17241 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Firstplus Financial, Inc. 5315 Campbells Run Road, Suite 190 Pittsburgh, PA 15205 Postage: (t-(' t' JUL 9'02 0 2 .1 0 PA IE. rq Y 67635c5 Homeside v. Sheaffer Cumberland County sale 9/4/02 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 m v? 1? ° f; ci - rn ? -c; COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Homeside Lending Inc is the grantee the same having been sold to said grantee on the 4th day of Sept A.D., 2002, under and by virtue of a writ Execution issued on the 12th day of June, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 1360, at the suit of Homeside Lending Inc against Marcie L Sheaffer aka Marcie & Wayne L is duly recorded in Sheriffs Deed Book No. 254, Page 391. IN TESTIMONY WHEREOF, I/h?ave hereunto set my hand and seal of said office this / (o day of __s=fir rr, A.D. 2002 of Deeds Homeside Lending, Inc. In The Court of Common Pleas of VS Cumberland County, Pennsylvania Marcie L. Sheaffer a/k/a Marcie Writ No. 2002-1360 Civil Term Sheaffer and Wayne L. Sheaffer Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 19, 2002 at 2:25 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Marcie L. Sheaffer a/k/a Marcie Sheaffer, by making known unto Wayne L. Sheaffer, husband of defendant, at 498 Old Mill Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 19, 2002 at 2:25 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Wayne L. Sheaffer, by making known unto Wayne L. Sheaffer personally, at 498 Old Mill Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2002 at 2:31 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Marcie L. Sheaffer a/k/a Marcie Sheaffer and Wayne L. Sheaffer located at 655 Grahams Woods Rd., Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Marcie L. Sheaffer a/k/a Marcie Sheaffer, by regular mail to her last known address of 498 Old Mill Road, Carlisle, PA 17013. This letter was mailed under the date of July 10, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Wayne L. Sheaffer, by regular mail to his last known address of 498 Old Mill Road, Carlisle, PA 17013. This letter was mailed under the date of July 10, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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 September 4, 2002 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Leon P. Haller for Homeside Lending, Inc. It being the highest bid and best price received for the same, Homeside Lending, Inc. of 8120 Nations Way, Building 100, Jacksonville, FL 32256, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $810.73, it being costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $ 30.00 15.89 15.00 15.00 30.00 10.00 .50 1.00 10.35 9.59 15.00 30.00 316.55 232.15 25.20 25.00 29.50 $ 810.73 paid by attorney 10/14/02 Sworn and subscribed to before me ?ers: This day of R. Thomas Kline, Sheriff 2002, A.D. ( BY eCf!t ._ YV i ro onotary Real Estate Deputy 3 b '") I`6D Xafil- Gkk? C4e 3p yam' F P. 1301a4 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1360 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOMESIDE LENDING, INC. Plaintiff (s) From MARCIE L. SHEAFFER A/K/A MARCIE SHEAFFER AND WAYNE L. SHEAFFER 655 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE ATTACHED LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $106,666.29 L.L.$.50 Interest (PER DIEM OF $18.12 FROM 4/1/02 TO 9/4/02) $2,826.72 Arty's Comm % Due Prothy $1.00 Arty Paid $122.21 Other Costs LATE CHARGES AT $34.40 (4/02 TO 9/02) $172.00 ESCROW DEFICIT $1,500.00 TOGETHER WITH ANY ADDITIONAL INTEREST, CHARGES AND COSTS TO THE DATE OF SHERIFF'S SALE Plaintiff Paid Date: JUNE 12, 2002 CURTIS R. LO Prothonota? ? c? (Seal) Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: 1719 N FRONT ST, HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 Real Estate Sale # 74 On June 18, 2002 the sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA known and numbered as 655 Grahams Woods Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 18, 2002 By: j64 s t(, Real Estate Deputy ,? p, aE hi xn? HOMESIDE LENT?ING,Plaintiff vs • EAFFER A/10HE?ER OF CO IN THE COUD CpL7NT-J , P ' Cj7MBERi? CIVIL NO. 02-1360 CIVIL ACTION ECLOSORB IN MORTGAGE FOR L• Sri E 7,. S 129.1 cell MP.RCIE WAYN SHEAFFER AND Defen TO P.R. dants ?, P • 3 Pur, T ppRSIIANT s attorneYs, the writ he by eciPe f or AgffDAn=the above the date th ap ion concerning le. d, Newvil in fr ets fort as followinsgWoods Roa The Pla Krug & Halle was filed, 655 Grahams) = of execut on 1OCated at Reputed 1,7241: Owner( rop Name and address of the owner (s) or 1• Marcye ,She ffer a?k?a Marcye Woods Road s 655 Graham 17241 Newville, PA Wayne I,• Sheaffer Road 655 Grahams WpOa2 41 endantls) New'v 112 e, Name anchataddisted In above different sj s of 3• appears of record on therea ==vows . the Judgment' if me'at leproperiudg be ty to creditor whose judgment sold: nd address of last recorded holder Of a 4. Name of record: P? ANY OTlil, HERS AS NOTED BELOW)' every imortga5 Firstplus FinancRla , d' Suite ite 190 5315 Campbells 15205 other person wh° has any Pittsburgh, PA the and address of every empropertY: liea on uNRNOWN 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 which 7 Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property may be affected by the sale: TENANTS IF ANY ... DOMESTIC RELATIONS OFFICE 13 North Hanover Street 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 rue ersonal knowledge, information and and correct to the best of my p herein statements belief. I understand Bth?aatCfslssection 4904 relatinartomunsworn]ec to the penalties falsification to authorities.. / . #1570 V Krug & Haller Purcell, 1719 North Frroon Street Harrisburg, (717) 234-4178 DATE: June 11, 2002 HOMESIDE LENDING, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02-1360 CIVIL MARCIE L. SHEAFFER A/K/A MARCIE CIVIL ACTION - LAW - SHEAFFER AND WAYNE L. SHEAFFER IN MORTGAGE FORECLOSURE Defendants 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 4, 2002 TIME:10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 655 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 2002-1360-CIVIL THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: WAYNE L. SHEAFFER AND MARCIE L. SHEAFFER 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 Phone (717) 249-3166 800-990-9108 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 Sheriffs 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 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of Grahams Woods Road (T-448) at the Northwest corner of Lot No. 7 on the hereinafter mentioned Plan of Lots; thence by the center line of said Road, North 22 degrees 48 minutes 18 seconds West, 140 feet to a point; thence by the dividing line between Lots Nos. 5 and 6 on said Plan, North 68 degrees 54 minutes 03 seconds East, 280.01 feet to a point; thence by the dividing line between Lots Nos. 6 and 13 on said Plan, South 22 degrees 48 minutes 15 seconds East 140 feet to a point; thence by the dividing line between Lots Nos. 6 and 7 on said Plan, South 68 degrees 54 minutes 03 seconds West, 281.01 feet to a point, the Place of BEGINNING. BEING Lot No. 6 in the Plan of Lots of Clepper Farms, Inc., recorded in Plan Book 43, at Page 3. HAVING THEREON ERECTED A DWELLING KNOWN AS 655 Grahams Woods Road, Newville, Pennsylvania BEING THE SAME PREMISES which Michael D. Hansen and Wendy K. Hansen, by Deed dated April 25, 1996 and recorded April 30, 1996 in Cumberland County Deed Book 138, Page 362, granted and conveyed unto Wayne L. Sheaffer and Marcie L. Sheaffer. TO BE SOLD AS THE PROPERTY OF WAYNE L. SHEAFFER AND MARCIE L. SHEAFFER UNDER JUDGMENT NO. 2002-1360 CIVIL TERM PARCEL NO. 43-05-0419-021 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 26, AUGUST 2, 9, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 74 Writ No. 2002-1360 Civil Homeside Lending, Inc. vs. Marcie L. Sheaffer a/k/a Marcie Sheaffer and Wayne L. Sheaffer Atty.: Leon P. Haller LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in Upper Frank- ford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the cen- ter line of Grahams Woods Road (T-448) at the Northwest corner of Lot No. 7 on the hereinafter men- tioned Plan of Lots; thence by the center line of said Road, North 22 degrees 48 minutes 18 seconds West, 140 feet to a point: thence by the dividing line between Lots Nos. 5 and 6 on said Plan, North 68 de- oreea ri4 mintitec 0.2 secnnA% F.act_ Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST. 2002 COW. SOM' C W°" 9:5%. ??~ MY .0000 280.01 feet to a point; thence by the dividing line between Lots Nos. 6 and 13 on said Plan, South 22 degrees 48 minutes 15 seconds East 140 feet to a point; thence by the dividing line between Lots Nos. 6 and 7 on said Plan, South 68 de- grees 54 minutes 03 seconds West, 281.01 feet to a point, the Place of BEGINNING. BEING Lot No. 6 in the Plan of Lots of Clepper Farms, Inc., record- ed in Plan Book 43, at Page 3. HAVING THEREON ERECTED A DWELLING KNOWN AS 655 Grahams Woods Road, Newville. Pennsylvania. BEING THE SAME PREMISES which Michael D. Hansen and Wen- dy K. Hansen, by Deed dated April 25, 1996 and recorded April 30, 1996 in Cumberland County Deed Book 138, Page 362, granted and conveyed unto Wayne L. Sheaffer and Marcie L. Sheaffer. TO BE SOLD AS THE PROP- ERTY OF WAYNE L. SHEAFFER AND MARCIE L. SHEAFFER UNDER JUDGMENT NO. 2002-1360 CIVIL TERM. PARCEL NO. 43-05-0419-021. i. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. E,87, Approved May 16, 1929 Commonwealth of Penrsylvania, County of Dauphin) ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of ThE! Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal officE) and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of 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 nave been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 1110th day(s) of July and the 6th day(s) of August 2002. That neither hE: nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. -.,?.. ...... PUBLICATION .....??... .? ..?. ................... COPY Sworn to and subscribed before me t" 14th day of Akjdgifst 002 A.D. S A L E #74 ?- ERuss:ell, eal REAL ESTATE SALE No. 74 Terry otary Public ^ c i /fir =? Writ No. 2002-1360 City Of Harrisburg, auphin County NOTARY PPUBLIC Civil Term m es June 6, 2006 Homeside Lending, Inc. Member, Pennsylvpno Association Of NotarieNy commission expires June 6, 2006 vs Marcie L. Sheeffer a/k/a Marcie Sheaffer and CUMBERLAND COUNTY SHERIFFS OFFICE Wayne L. Shaeffer CUMBERLAND COUNTY COURTHOUSE Atty: Leon P. Haller DESCRIPTION CARLISLE, PA. 1701:3 ALL THAT CERTAIN piece or parcel of land situate in Upper Frankferd Township. Cumberland County. Pennsylvania, bounded and Statement of Advertising Costs described follows: To THE PATRIOT-NEWS CO., Dr. BEGINNING at a point in the center line of Grahams Woods Road (T-448) at the Northwest For publishing the notice or publication attached comer of Lot on the hereinafter mentioned hereto on the above stated dates $ 230.40 Plan of Lots; thence by the center line of said Road, North 22 degrees 48 minutes 18 seconds Probating same Notary Fee(s) $ 1.75 West, 140 feet to a point; thence by the dividing line between Lots Nos. 5 and 5 on said Plan, Total $ 232.15 North 68 degrees 54 minutes 03 seconds East, 280.01 feet to a point: thence by the dividing line between Lots Nos. 6 and 11 on aid Plan, South 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. By I degrees as nunures i,,) seconds East 140 tees to a point; thence by the dividing line between Lots Nos. 6 and 7 on said Plan, south 68 degrees 54 minutes 03 seconds West, 281.01 feet to a point, the Place of BEGINNING. BEING Lot No.6 in the Plan of Lots of Cleppcr Farms, Inc., recorded in Plan Book 43, at Page 3. HAVING THEREON erected a dwelling known as 655 Grahams Woods Road, Newville, Pennsylvania. BEING THE SAME premises which Michael D. Hansen and W4* IL Hansen; by Deed dated April 25, 1"(irand mcenied April 30, 1996 in Cumberland County Deed Book 138, Page 362, granted and conveyed unto Wayne L. Shea far and Marcie L. Sheaffer. TO BE SOLD as the property of Wayne L. Sheaffer and Marcie L. Sheaffer under Judgment No. 2002-1360 Civil Term. PARCEL NO. 43-05-0419-02 1. a,