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HomeMy WebLinkAbout02-3975HOMESIDE LENDING, INC. FIKIA BANCBOSTON MORTGAGE CORPORATION Plaintiff vs. CARL R. BOYD AND JOAN A. GUSH Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Oa , ,397s 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 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. F/K/A BANCBOSTON MORTGAGE CORPORATION Plaintiff vs. CARL R. BOYD AND JOAN A. GUSH, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 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. F/K/A BANCBOSTON MORTGAGE CORPORATION Plaintiff VS. CARL R. BOYD AND JOAN A. GUSH, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE I. Plaintiff, HOMESIDE LENDING, INC. F/K/A HOMESIDE LENDING, INC. is a Corporation, with an address of 8120 Nations Way, Building 100, Jacksonville, Florida 32256. 2. Defendant, CARL R. BOYD, is an adult individual, whose last known address is 156 CREEKSIDE DRIVE, ENOLA, PENNSYLVANIA 17025. Defendant, JOAN A. GUSH, is an adult individual, whose last known address is 156 CREEKSIDE DRIVE, ENOLA, PENNSYLVANIA 17025. 3. On or about, July 08, 1993, the said Defendants, executed and delivered a Mortgage Note in the sum of $60,700.00 payable to BANK UNITED OF TEXAS, FSB, 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 1149, Page 104 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to BANCBOSTON MORTGAGE CORPORATION and recorded in the aforesaid County in Mortgage Book 489, Page 690. BancBoston Mortgage Corporation is now known as Homeside Lending, Inc. The Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 156 CREEKSIDE DRIVE, ENOLA, PENNSYLVANIA 17025 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on May 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $11.33 per day From 04/01/2002 To 09/01/2002 ( based on contract rate of 7.625%) Accumulated Late Charges Late Charges $21.48 From 05/01/2002 to 09/01/2002 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $54,266.70 $1,733.49 $85.92 $107.40 $1,340.21 $2,713.34 $60,247.06 "Together with interest at the per diem rate noted above after August 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 foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them 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 Defendants have either failed to meet the time limitations as set forth therein or have 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 7.625% ($11.33 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheri s Sale and for foreclosure and sale of the property within described. By: PURCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Hs176178.tit (1696x2800x2 titt) L3J ¢,p -to_ JCLV Off m 93 tee C[LYLb:a{ eAl VL, {HfµA..lYYY/YL.VaYlA_12A.2S ................................................... m+2e.r1i t. 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Iqe mYDrd?.+meD Dy aD Baerip leeDemm Meeert lY epaellltlrN ' y M?4eYO?ipYDa?haDW inrrofYbM e(IW Dmairy DWrM„ ? ' •pe+Dra Wgrm aNee. LaWWtld+Bmpv.otlbat.eaadee.TeeMa.IgIMm(M rbDSd am. heed Dy tlm fyV(D'(m11WIW. MDe1MY.6EDbperyUr??bdeYea'Imel m •retlm DenaAa. Dbobaey rebeMleepmlDeD DP Ab 7mmy bmormeaaDamDamnoHv Wn ep Mwmb Am SLUM m me pommmsy, }RAL. ..... :. ....:a.w( JOAN A. 6900 ?. ..................................................................................... ......? .. .r .................. ......................Bs11 CARL R. D04D Rip ft" 067 {I ryf 75 S I Hs135662 (1696x2200x2 tiff) [6] ALL THAT CERTAIN tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of 33.00 feet wide Creekside Drive, on the northwestern corner of Lot No. 4 on the hereinafter mentioned Plan of Lots; thence along the latter, South 67 degrees 19 minutes 00 seconds East, a distance of 292.00 feet to a point on the western side of the Conodnguinet creek; thence alc+', the latter, North 22 degrees 41 minutes 00 seconds East, a distance of 100.00 feet to a point on the line of Lot No. 2 on said Plan; thence along the latter, North 67 degrees 19 minutes 00 seconds West, a distance of 292.00 feet to a point in the center line of said road; thence along the latter, South 22 degrees 41 minutes 00 seconds West, a distance of 100.00 feet to a point, the place of BEGINNING. BEING designated as Lot No. 3. BEING THE SANE PREMISES which Nail N. Kreitzer and Barbara A. Kreitzer, his wife, conveyed unto Stephen R. Shealy and Debra K. Shealy, his wife, by dead dated January 26, 1990 and recorded January 29, 1990 in the Recorder0a Office in and for Cumberland Comity, Pe. in ° Record Book J, Volume 34, Page 808. ?za.». . r-ninvivonia 'i:unuerlaM? jr •• the otf M fo, the raomdfns of Desch `? vnr rAJNaf of 'rz, " l? .. .. rh i7 1 ,.: cud'. R BOOK11?9 PAGE 10 5IQV MIUGXE = COMPANY NAME: Hy= LETM. Dr- F/K/A MCB 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 unworn falsification to authorities. Dated Pi= 16, 2002 BY n_ Title Tracy Johnson Vice Prasidnnt -`) C3 'Kq C-Z ? C P r _ SHERIFF'S RETURN - REGULAR CASE NO: 2002-03975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMESIDE LENDING INC FKA BANCB VS BOYD CARL R ET AL CPL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CARL R the DEFENDANT , at 1421:00 HOURS, on the 26th day of August 2002 at 156 CREEKSIDE DRIVE ENOLA, PA 17025 by handing to JOAN A GUSH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 So Answers: R. Thomas Kline 7 08/27/20 PURCELL Sworn and Subscribed to before By: me this S--zrl day of .2®o.2, A.D. Prbthonotary SHERIFF'S RETURN - REGULAR CF,SE NO: 2002-03975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMESIDE LENDING INC FKA BANCB VS BOYD CARL R ET AL CPL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GUSH JOAN A the DEFENDANT at 1421:00 HOURS, on the 26th day of August 2002 at 156 CREEKSIDE DRIVE ENOLA, PA 17025 by handing to JOAN A GUSH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 r^g Service .00 >e.:`,>. ,:.»_ ,. ?r Affidavit .00 j° Surcharge 10.00 R. Thomas Kline .00 16.00 08/27/2002 PURCELL KRUG HALLER Sworn and Subscribed to before By: 7 me this 3e- day of eputy She ff 0z) -2. A.D. n . 'P othonotary T SHERIFF'S RETURN - REGULAR CASE NO: 2002-03976 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE ASSO VS JUMPER TANJA A VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon JUMPER TANJA A DEFENDANT , at 1817:00 HOURS the on the 22nd day of August , 2002 at 16 INDEPENDENCE DRIVE SHIPPENSBURG, PA 17257 by handing to TROY BIGLER, BOYFRIEND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.49 Affidavit .00 Surcharge 10.00 .00 42.49 Sworn and Subscribed to before me this day of _Q?a$•.?• oZ[Yda. A. D. i o Q 71- ao iOeo P othonotary So Answers: R. Thomas Kline 08/26/2002 PURCELL KRUG HALLER By: /"Deputy S e+rrLt c HOMESIDE LENDING, INC. F/K/A IN THE COURT OF COMMON PLEAS BANCBOSTON MORTGAGE CORPORATION,: CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. CIVIL ACTION - LAW CARL R. BOYD AND JOAN A. GUSH, NO. 2002 3975 DEFENDANTS IN MORTGAGE FORECLOSURE P R A E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants CARL R. BOYD AND JOAN A. GUSH 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 $54,266.70 Interest $ 1,733.49 (Per diem of $11.33 from 4/1/02 to 9/1/02) Accumulated late charges $ 85.92 Late charges $ 107.40 ($21.48 per month to 9/02) Escrow Deficit $ 1,340.21 5% Attorney's Commission $ 2,713.34 TOTAL $60,247.06** ** 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, KRUG & HALL By ` Leon P. Haller PA J.D. 415700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 K:\M KF\DOCS\C U M B E R LA\BOY D. P HOMESIDE LENDING, INC. F/K/A BANCBOSTON MORTGAGE CORPORATION, PLAINTIFF VS. CARL R. BOYD AND JOAN A. GUSH, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 3975 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on SEPTEMBER 20, 2002 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By Leon P. Haller PA I.D. 415700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 HOMESIDE LENDING, INC. F/K/A BANCBOSTON MORTGAGE CORPORATION Plaintiff V& CARL R. BOYD AND JOAN A. GUSH Defendants DATE OF THIS NOTICE: September 20, 2002 TO: CARL R. BOYD 156 CREEKSIDE DRIVE ENOLA, PA 17025 JOAN A. GUSH 156 CREEKSIDE DRIVE ENOLA, PA 17025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3975 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM 17OU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 i' PURCELL, KRUG & R? LEON P. HALLER, Attomey for Plaintiff ` I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 HOMESIDE LENDING, INC. F/K/A BANCBOSTON MORTGAGE CORPORATION, PLAINTIFF VS. CARL R. BOYD AND JOAN A. GUSH, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 3975 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed : before me this. day : of 20,E N •ary P b is NOTARIAL SEAL JkW) K. FERRErn, Notary Pubrc oveo7 Pa-eon Twp., Dauphin County I„-MY Clk,• , wr tsir,n . xpires Aug. 8, 2006 LEON P. HALLER, ESQUIRE Ijn ? ? l PIr r- fz c_ F7- -`l 7 i ? i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2002 3975 HOMESIDE LENDING, INC., F/K/A BANCBOSTON MORTGAGE CORPORATION, PLAINTIFF VS. CARL R. BOYD AND JOAN A. GUSH, DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT $60,247.06 Interest at $11.33 per diem to sale date $ 2,096.05 Late charges at $21.48 per month to sale date $ 107.40 Escrow Deficit $_2,000.00 TOTAL $64,450.51* *SALE DATE: WEDS.,MARCH 5, 2003 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: December 2, 2002 Attorney for Plaintiff - ---'"- 1719 North Front Street Harrisburg, PA 17102 Leon P. Haller (717) 234-4178 PA I.D. #15700 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS 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 156 CREEKSIDE DRIVE, ENOLA, PENNSYLVANIA 17025. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY WRIT OF EXECUTION - MORTGAGE FORECLOSURE K:\MKF\DOCS\CUMBERLA\BOYD. W ccv \ ?' C CO??V 1 ` ? w V (7 r ?. 7 t?4r. 3 1 t U? ALL THAT CERTAIN tractof land with the situat in Y East Pennsboro 'fownship,, Cunberland Count a as follows: BEGINNING at a point in the centerline of 33.00 feet wide Creekside Drive,, on the northwestern corner of Lot No. 4 on the hereinafter mentioned Plan of Lots; thence along the latter,, South 67 degrees 19 minutes 00 seconds Fast,, dthence e of 292.00 feet to a point on the western side of the Conodog a distance 100.00 along the latter, North 22 degrees 41 minutes 00 seconds East,. a of feet to a point on the line of Lot No. 2 on said Plan; thence along the latter,. North 67 degrees 19 minutes 00 seconds West:, a distance of 292.00 feet to a point es 4 in the centerline of said read; thence along the latter,' South 22 degree ofl minutes 00 seconds West, a distance of 100.00 feet to a poin,: the BEGINNING. CONTAINING 29,200.00 aquare feet according to a subdivision Plan by Dennis R. Mooce'l Deeds forSCUmberlandoCounty,i9Pennsylvania, at PlantlBookf37,, Pof t ageh20Randrbeingf designated as Lot No. 3 thereon and improved with a 12 story dwelling. SDB7EC1', E1C'WRVER,, to an easement for the repair and maintenance of a water line frcm the resi_denca .orated at 160 Creekview Drive,,Enolo ,,1601C water line runs fran the well located on the above described prop y Drve. SoB:]ECT,, ALSO,, to the rights of the owners of 160 Creekside Drive to use the water and pure from the well at the above-described property in common with the owners of the above-described property. HAVING THEREON ERECTED A RESIDENTIAL DWELLING KNOWN AS 156 CREEKSIDE DRIVE, ENOLA, PA 17025. BEING THE SAME PREMISES WHICH Stephen R. Sheely and Debra K. sheely by deed dated 6/24/93 and recorded 7/9/93 in Deed Book J-36, Page 1052 granted and conveyed unto Carl R. Boyd and Joan A. Gush. TO BE SOLD AS THE PROPERTY OF CARL R. BOYD AND JOAN A. GUSH ON JUDGMENT NO. 2002 3975. ASSESSMENT # 09-17-1042-003B HOMESIDE LENDING, INC. F/K/A IN THE COURT OF COMMON PLEAS BANCBOSTON MORTGAGE CORPORATION,: CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. CIVIL ACTION - LAW CARL R. BOYD AND JOAN A. GUSH, NO. 2002 3975 DEFENDANTS IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 156 CREEKSIDE DRIVE, ENOLA, PA 17025: 1. Name and address of the Owner(s) or Reputed Owner(s): Carl R. Boyd 156 Creekside Drive Enola, PA 17025 Joan A. Gush 156 Creekside Drive Enola, PA 17025 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): PNC Bank, NA Consumer Loan Center 2730 Liberty Avenue Pittsburgh, PA 15222 5. Name and address of every other person who has any record lien on the property: K:\M KF\DOCS\C U M BF R LA\BOYD. PTF UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. Hal er P I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 2, 2002 n ? {=7 ? .. .. - _ ' ' _. ?. . _ 4 t r t??? i .?'C?. __i _._e _ --? L ° n HOMESIDE LENDING, INC. F/K/A IN THE COURT OF COMMON PLEAS BANCBOSTON MORTGAGE CORPORATION,: CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. CIVIL ACTION - LAW CARL R. BOYD AND JOAN A. GUSH, NO. 2002 3975 DEFENDANTS IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, MARCH 5, 2003 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: 156 CREEKSIDE DRIVE ENOLA CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $60,247.06 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2002 3975 THE NAME (S) OF THE OWNER (S) OR REPUTED OWNERS of this property is: K:vMKPDOCSVCUMBERLAWYD_NOS CARL R. BOYD AND JOAN A. GUSH 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 maybe 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. s Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL T11Kf CERTAIN tractof land with the irnprnrEbcundedtandsdescribed East Pennsboro 'Pownship,, Cumberland County,, Pennsylvania,, as follows: BEGINNING at a point in the centerline of 33.00 feet wide Creekside Drive,, on the northwestern corner of Lot No. 4 on the hereinafter mentioned Plan of Lots; thence along the latter,, South 67 degrees 19 minutes 00 seconds eEast,,a distance of 292.00 feet to a point on the western side of the Conoda3 along the latter, North 22 degrees 41 minutes 00 seconds East,, a distance of 100.00 feet to a point on the line of Lot No. 2 on said Plan; thence along the lattec,. North 67 degrees 19 minutes OD secondu West,, a distance of 292.00 feet to a point in the centerline of said read; thence along the latter., South 2hede ace ofl minutes Oa seconds West,, a distance of 100.00 feet to a point,, BEGINNING. CONTAINING 29,,200.00 square feet according to a Subdivision Plan by Dennis R. Moore,, R.S.,, dated November 9,, 1979,, recorded in the Office of the Recorder of 'Deeds for Cumberland County,, Pennsylvania, at Plan Book 37, Page 0 and being designated as Lot No. 3 thereon and improved with a lh story el2g- Sp00ECT, TILU•:VER,, to an easement for the repair and maintenance of a water line from the resident' located at 160 Creekview Drive,, Enola,, which water line runs frcxn the well located on the above describcd property to 160 Creekside Drive. SUBJECT,, ALSO,, to the rights of the owners of 160 Creekside Drive to use the water and ;jump from the well at the above-described property in common with the owners of the a'rr ve-described property. HAVING THEREON ERECTED A RESIDENTIAL DWELLING KNOWN AS 156 CREEKSIDE DRIVE, ENOLA, PA 17025. BEING THE SAME PREMISES WHICH Stephen R. Sheely and Debra K. sheely by deed dated 6/24/93 and recorded 7/9/93 in Deed Book J-36, Page 1052 granted and conveyed unto Carl R. Boyd and Joan A. Gush. TO BE SOLD AS THE PROPERTY OF CARL R. BOYD AND JOAN A. GUSH ON JUDGMENT NO. 2002 3975. ASSESSMENT # 09-17-1042-003B C', r, , , c-_ _ rte., ? i ;--? .,,?,:. ? ,_ -- `, -_ - -- c? - "_ ? ?` _ 1 ? . ?n -? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-3975 Civil CIVIL ACTION -LAW COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOMESIDE LENDING, INC., F/K/A BANCBOSTON MORTGAGE CORPORATION, Plaintiff (s) From CARL R. BOYD AND JOAN A. GUSH, 156 CREEKSIDE DRIVE, ENOLA, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE 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) r f n the defendant paying any debt to or for the account of the defendant (s) and from delivering any property of (s) or otherwise disposing thereof; If property of the defendants not levied of been added as a are directed to notify him/her that he/she has be of anyone other than a named garnishee, , you garnishee and is enjoined as above stated. Amount Due $60,247.06 L.L. $.50 Interest AT $11.33 PER DIEM TO SALE DATE $2,096.05 Atty's Comm % Due Prothy $1.00 Atty Paid $131.35 Other Costs LATE CHARGES AT $21.48 PER MONTH TO SALE DATE $107.40 --- ESCROW DEFICIT $2,000.00 Plaintiff Paid Date: DECEMBER 4, 2002 CURTIS R. LONG (Seal) Prothonot nn a r / B Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 HOMESIDE LENDING, INC. F/K/A BANCBOSTON MORTGAGE CORPORATION Plaintiff Vs. CARL R. BOYD AND JOAN A. GUSH Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3975 IN MORTGAGE FORECLOSURE SUGGESTION OF DEATH Carl R. Boyd died December 19, 2002, thereby vesting title to the real estate subject to the above captioned mortgage foreclosure action in Joan A. Gush PURCELL, KRUG & HALLER By: < Leon P. Haller 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney I]D #15700 Attorney for Plaintiff Dated: March 4, 2003 HOMESIDE LENDING, INC. F/K/A BANCBOSTON MORTGAGE CORPORATION Plaintiff vs. CARL R. BOYD AND JOAN A. GUSH Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-397_5 IN MORTGAGE; FORECLOSURE AND NOW comes Plaintiff, Homeside Lending, Inc. f/k/a BancBoston Mortgage Corporation, by its attorney, Leon P. Haller, and represents as follows: 1. Plaintiff had heretofore filed a Foreclosure Action against the above named Defendants. 2. Defendants are the owners of record of 156 Creekside Drive, Enola, Pennsylvania 17025. 3. Carl R. Boyd died December 19, 2002, thereby vesting title interest to Joan A. Gush. 4. Pa.R.C.P. 1144 provides that an original mortgagor need not be named as a Defendant if such mortgagor is released from liability under the terms of the Note and Mortgage. 6. Plaintiff wishes to release Carl R. Boyd and his Estate from liability in accordance with Rule 1144 of the Pennsylvania :Rules of Civil Procedure. WHEREFORE, Plaintiff requests approval to remove Defendant, Carl R. Boyd, as a party Defendant in the above case. PURCELL, KRUG & HALLER By. L on P. Hal er, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney for Plaintiff Dated: March 4, 2003 Attorney ID #15700 D < fJ HOMESIDE LENDING, INC. F/K/A IN THE COURT OF COMMON PLEAS BANCBOSTON MORTGAGE CORPORATION,: CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. CIVIL ACTION - LAW CARL R. BOYD AND JOAN A. GUSH, NO. 2002 3975 DEFENDANTS IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I h deposited in the U.S. Mails at Harrisburg, Pennsylvania on veC? U03 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 l:ienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: Carl R. Boyd 156 Creekside Drive Enola, PA 17025 Joan A. Gush 156 Creekside Drive Enola, PA 17025 PNC Bank, NA Consumer Loan Center 2730 Liberty Avenue Pittsburgh, PA 15222 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 BY PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 .IOHN W. PURC'ELI. HOWARD B.KRUG LEON I'. HALLER JOHN W. PURCELL JR. BRIAN.). TYLER JILL M. WINEICA LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234-1206 (717) 533-3836 NOTICE TO: Carl R. Boyd 156 Creekside Drive Enola, PA 17025 Joan A. Gush 156 Creekside Drive Enola, PA 17025 PNC Bank, NA Consumer Loan Center 2730 Liberty Avenue Pittsburgh, PA 15222 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets 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 that you have an opportunity to protect your interest, if any, by g notified of said Sheriff's Sale. By - Leon P. Haller PA I.D.15700 Attorney for Plaintiff HOMESIDE LENDING, INC. F/K/A IN THE COURT OF COMMON PLEAS BANCBOSTON MORTGAGE CORPORATION,: CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. CIVIL ACTION - LAW CARL R. BOYD AND JOAN A. GUSH, NO. 2002 3975 DEFENDANTS IN MORTGAGE FORECLOSURE 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, MARCH 5, 2003 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: 156 CREEKSIDE DRIVE ENOLA CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $60,247.06 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2002 3975 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: K:WK F\OOMCU M BERLATOYD.NOS CARL R. BOYD AND JOAN A. GUSH 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 obl_gation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CER•PAIN tract of land with the improvements thereon erected situate in East Pennsboro Township,, Cumberland County,, Pennsylvania,, bounded and described as follows: BEGINNING at a point in the centerline of 33.00 feet wide Creekside Dcive,, on the northwestern corner of Lot No. 4 on the hereinafter mentioned Plan of Lots; thence along the latter,, South 67 degrees 19 minutes DO seconds East,, a distance of 292.00 feet to a point on the western side of the Conodoguinet Creek; thence along the latter, North 22 degrees 41 minutes 00 seconds East,, a distance of 100.00 feet to a point on the line of Lot No. 2 on said Plan; thence along the latter,, North 67 degrees 19 minutes 00 seconds West, a distance of 292.00 feet to a point in the centerline of said read; thence along the latter,, South 22 degrees 41 minutes 00 seconds West,, a distance of 100.00 feet to a point,, the place of BEGINNING. CONPAINING 29,200.00 Square feet according to a Subdivision Plan by Dennis R. Moore,, R.S.,, dated November 9,, 1979,, recorded in the Office of the Recorder of Deeds for Cwnbierland County,, Pennsylvania,. at Plan Book 37,, Page 20 and being designated as Lot No. 3 thereon and improved with a 111 story dwelling. SUPJECP,, fKWEVER,, to an easement for the repair and maintenance of a water line from the residence "located at 160 Creekview Drive,, Enola,, which water line runs from the well located on the above described property to 160 Creekside Drive. SUBJECT,, ALSO,, to the rights of the owners of 160 Creekside Drive to use the water and Pump from the well at the above-described property in cannon with the owners of the atxjve-described property. HAVING THEREON ERECTED A RESIDENTIAL DWELLING KNOWN AS 156 CREEKSIDE DRIVE, ENOLA, PA 17025. BEING THE SAME PREMISES WHICH Stephen R. Sheely and Debra K. sheely by deed dated 6/24/93 and recorded 7/9/93 in Deed Book J-36, Page 1052 granted and conveyed unto Carl R. Boyd and Joan A. Gush. TO BE SOLD AS THE PROPERTY OF CARL R. BOYD AND JOAN A. GUSH ON JUDGMENT NO. 2002 3975. ASSESSMENT 4 09-17-1042-003B Re: HS vs. Boyd Cumb. Sale 3/5/03 U. S. POSTAL SERVICE Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Carl R. Boyd 156 Creekside Drive Enola, PA 17025 Postmark: 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: Joan A. Gush 156 Creekside Drive Enola. PA 17025 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 addressee PNC Bank, NA Consumer Loan Center ?:-----z 2730 Liberty Avenue PaISBG Pittsburgh, PA 15222 ?tt ?T 2'C3 c+ j: Postage: Postmark: !AMC 0 .9 0 I e,Ea 6763565 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 Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 e? ?9Q1i JeS -. 67635b 7160 3901 9644 7632 5335 TO: CARL R BOYD 156 CREEKSIDE DRIVE ENOLA PA 17025 SENDER: REFERENCE: RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Total Postage & Fees US Postal Service POSTM :. C Receipt for 5 to Certified Mail tti No Insurance Coverage Provided {!I Do Not Use for International Mail `.v 7160 3901 9544 7632 5342 TO: JOAN A GUSH 156 CREEKSIDE DRIVE ENOLA PA 17025 SENDER: REFERENCE: RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Total Postage & Fees US Postal Service POST K Receipt for Certified Mail No Insurance Coverage Provided ? Ind Do Not Use for International Mail .?_ n ? ti ?_. ?a) ? . ?_ {???. ate . r ?? ?i 1 ?_ ti L. ') ?: ? _ y ?? !U HO..MESIDE LENDING, INC. F/K/A BANCBOSTON MORTGAGE CORPORATION, Plaintiff Vs. CARL R. BOYD and JOAN A. GUSH, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.5 1998 3 ?7 5? CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE VOLUNTARY SUBSTITUTION OF FEDERAL NATIONAL MORTGAGE ASSOCIATION. PURSUANT TO RULE 2352 (a) 1. FEDERAL NATIONAL MORTGAGE ASSOCIATION, will be the last assignee of record and wishes to substitute itself for Plaintiff. 2. Material facts in which the right if succession and substitution is based are as follows: (a) On AUGUST 19, 2002, HOMESIDE LENDING, INC F/KJA BANCBOSTON MORTGAGE CORPORATION,assigned all of its right, title and interest to FEDERAL NATIONAL MORTGAGE ASSOCIATION. 3. FEDERAL NATIONAL MORTGAGE ASSOCIATION does voluntarily substitute itself as Plaintiff herein. BY: Leo P. Haller, Esquire ID#15?00 Attorney for Plaintiff Date: June 10, 2003 3'? 2-s y -C5, Assignment KNOW ALL MEN BY THESE PRESENTS, that HomeSide Lending, Inc. Vk/a BancBoston Mortgage Corporation , by result of amendment to articles of incorporation and merger, registered office located at 7301 Boymeadows Way, Jacksonville, Florida 32256, party of the first part, in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration in lawful money of the United States to it in hand paid by Federal National Mortgage Association, A Corporation Organized and Existing Under the Laws of the United States of America party of the second part, on or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, assigned, transferred and set over and by these presents does hereby grant, bargain, sell, assign, transfer and set over unto the said party of the second part that certain Security Instrument executed by Original Grantor: Joan A. Gush, unmarried and Carl R. Boyd, unmarried. Original Beneficiary: Bank United of Texas FSB. Original Date of Mortgage: July 8, 1993. Recorded in Book 1149, Page 104, Instrument No., in Cumberland County, State of Pennsylvania. Property Address: 156 Creekside Drive, Enola, PA 17025. the said party of the second part, its successors and assigns forever, the said party of the first part has caused these presents to be signed in its name by its officer, and its corporate seal to be affixed, this 31" day-qf July, 2002. _ Witness Sabrina Chappell Ted Christeas, Vice N - ;-v c o CD ? A. ' Cl J •-= ,D '-i 3 O n _ zm ' I-' r i- -i rr, II': ,.. N U) Witness: Barbara Herrin '( c ;.; "' + ;$_• Cmdv M. r EA1. State of Florida ,tenor County of Duval SS: r_ I, an officer duly authorized to take acknowledgments of deeds according to the laws of the State of Florida, duly qualified and acting, hereby certify that Ted Christeas and Cindy M. Grier, who are Vice President and Assistant Secretary of HomeSide Lending, Inc. Vida BancBoston Mortgage Corporation , by result of amendment to articles of incorporation and merger personally known to me, this day acknowledged before me that said person executed the foregoing Assignment as such Officers of said organization and that said persons affixed thereto the Official Seal of the said organization and I further certify that I know the said persons making said acknowledgment to be the individuals described in and who executed said Assignment. IN WITNESS WHEREOF, I hereunto set my hand and Official Seal in said county and state this My 3 1' of July, 2002. My Commission ion Expires: Loan Number 12645406 CINZIA ANGEU CYRUS _.; MY COMMISSION X DD 060574 ?;'• Y EXPIRES: January 27, 2006 '?f.,,dl?ry Borxlatl Thru Notary PWGC Untl'006 - led .,':city PA B^ { 689 PACE22i17 n,_acr of Deeds CJ Q m W T7? :: n)fi fir.- Cq .- -•• -! _.. ?._ p: ?? ?>• , ?._ -. 2?,`__ .ci C ;at [7 i .'i'i ?'-, =i °: -c JUN 1 1 2003 HOMESIDE LENDING, INC. F/K/A BANCBOSTON MORTGAGE CORPORATION Plaintiff VS. CARL R. BOYD AND JOAN A. GUSH Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3975 IN MORTGAGE FORECLOSURE O R D E R AND NOW, this /6 l day of 0-ka 2003, upon consideration of Plaintiff's Motion, it appearing that Defendant, Carl R. Boyd, is deceased, and that Carl R. Boyd and his Estate are being released from liability pursuant to Rule 1144 of the Pennsylvania Rules of Civil Procedure, IT IS HEREBY ORDERED AND DECREED that Defendant, Carl R. Boyd, be removed as a party Defendant in the above case. BY THE COURT: t' N` A IA?NN?d ._ Pj /t_ I 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 Federal Natl Mtg Assoc is the grantee the same having been sold to said grantee on the 11 th day of June A.D., 2003, under and by virtue of a writ Execution issued on the 4th day of Dec, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Tenn, 2002 Number 3975, at the suit of Homeside Lending Inc fka Bancboston Mtg Corp against Carl R Boyd & Joan A Gush is duly recorded in Sheriffs Deed Book No. 258, Page 808. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D.2003 /? Recorder of Deeds Homeside Lending, Inc., f/k/a In The Court of Common Pleas of Bancboston Mortgage Corporation Cumberland County, Pennsylvania VS Writ No. 2002-3975 Civil Term Carl R. Boyd and Joan A. Gush R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Carl R. Boyd, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description as NOT FOUND as to the defendant, Carl R. Boyd. Defendant is deceased Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on January 7, 2003 at 6:40 o'clock PM, she 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: Joan A. Gush, by making known unto Joan A. Gush personally, at 156 Creekside Drive, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 15, 2003 at 1:33 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 Carl R. Boyd and Joan A. Gush located at 156 Creekside Drive, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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: Joan A. Gush, by regular mail to her last known address of 156 Creekside Dr., Enola, PA 17025. This letter was mailed under the date of January 16, 2003 and never returned to the Sheriffs 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 Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon P. Haller for Federal National Mortgage Association. It being the highest bid and best price received for the same, Federal National Mortgage Association of 1900 Market Street, Suite 800, Philadelphia, PA 19101, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,018.37. Sheriffs Costs Docketing $30.00 Poundage 19.56 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 20.70 Certified Mail 1.95 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 381.65 Patriot News 337.90 Share of Bills 25.21 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1,018.37 Sworn and subscribed to before me This 9 ' day of 2003, A.D. Q 7h,>D,?, a othonotary So Answers: __ // R. Thomas Khne, Sheriff BY, I dq JMA Real Esta Deputy k9VA Lam' .3u 6D I• (:k yiYy° ,. /yoI5y HOMESIDE LENDING, INC. F/K/A IN THE COURT OF COMMON PLEAS BANCBOSTON MORTGAGE CORPORATION,: CUMBERLAND COUNTY, PENNSYLVA141A PLAINTIFF VS. CIVIL ACTION - LAW CARL R. BOYD AND JOAN A. GUSH, NO. 2002 3975 DEFENDANTS IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 156 CREEKSIDE DRIVE, ENOLA, PA 17025: 1. Name and address of the Owner(s) or Reputed Owner(s): Carl R. Boyd 156 Creekside Drive Enola, PA 17025 Joan A. Gush 156 Creekside Drive Enola, PA 17025 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): PNC Bank, NA Consumer Loan Center 2730 Liberty Avenue Pittsburgh, PA 15222 5. Name and address of every other person who has any record lien on the property: K.NKFIDOCS\CUMRERLATOYD PTF UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may he affected by the sale: TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. J i..r lr•` ! y Leon P. Hal er PA I.D. #15700 Purcell, Krug & Haller 1.719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 2, 2002 HOMESIDE LENDING, INC. F/K/A IN THE COURT OF COMMON PLEAS BANCBOSTON MORTGAGE CORPORATION,: CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. CIVIL ACTION - LAW CARL R. BOYD AND JOAN A. GUSH, NO. 2002 3975 DEFENDANTS IN MORTGAGE FORECLOSURE 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, MARCH 5, 2003 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's H=aring Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 1.7013 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: 156 CREEKSIDE DRIVE ENOLA CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $60,247.06 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2002 3975 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: 6 :AMKR000S%CUMHERLAWY0 . NOS CARL R. BOYD AND JOAN A. GUSH 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 2 Liberty Avenue Carlisle, Pennsylvania 717-249-3166 Association 17013 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL TBAf CERTAIN tract of land with the improvements thereon erected situate in East Pennsboro Township,. Cumberland County,, Pennsylvania,, bounded and described as follows: BEGINNING at a point in the centerline of 33.00 feet wide Creekside Dcive,, on the northwestern corner of Lot No. 4 on the hereinafter mentioned Plan of Lots; thence along the latter,. South 67 degrees 19 minutes 00 seconds East,, a distance of 292.00 feet to a point on the western side of the Conodoguinet Creek; thence along the latter, North 22 degrees 41 minutes 00 seconds East,, a distance of 100.00 feet to a point on the line of Lot No. 2 on said Plan; thence along the latter,, North 67 degrees 19 minutes 00 seconds West, a distance of 292.00 feet to a point in the centerline of said road; thence along the latter.' South 22 degrees 41 minutes W seconds West,, a distance of 100.00 feet to a point,. the place of BEGINNING. CONTAINING 29,,200.00 square feet according to a Subdivision Plan by Dennis R. Moore,, R.S.,, dated November 9,, 1979, recorded in the Office of the Recorder of Deeds for Cumberland County,, Pennsylvania, at Plan book 37,m Page 20 and being designated as Lot No. 3 thereon and improved with a 1? story dwelling. SUBJECT,, HOWRVER,, to an easement for the repair and maintenance of a water line from the residene-_ iocatad at 160 Creelr4ic•:: Drive,. Enola,m which water line runs from the yell locate, on the above described property to 160 Creekside Drive. SUBJECT,, ALSO,, to the rights of the owners of 160 Creekside Drive to use the water and Dump from the well at the above-described property in common with the owners of t'he akx?ve-described property. HAVING THEREON ERECTED A RESIDENTIAL DWELLING KNOWN AS 156 CREEKSIDE DRIVE, ENOLA, PA 17025. BEING THE SAME PREMISES WHICH Stephen R. Sheely and Debra K. sheely by deed dated 6/24/93 and recorded 7/9/93 i.n Deed Book J-36, Page 1052 granted and conveyed unto Carl R. Boyd and Joan A. Gush. TO BE SOLD AS THE PROPERTY OF CARL R. BOYD AND JOAN A. GUSH ON JUDGMENT NO. 2002 3975. ASSESSMENT 4 09-17-1042-003B WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-3975 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOMESIDE LENDING, INC., F/K/A BANCBOSTON MORTGAGE CORPORATION, Plaintiff (s) From CARL R. BOYD AND JOAN A. GUSH, 156 CREEKSIDE DRIVE, ENOLA, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE 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 gamishee(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 $60,247.06 L.L. $.50 Interest AT $11.33 PER DIEM TO SALE DATE $2,096.05 Any's Comm % Due Prothy $1.00 Any Paid $131.35 Other Costs LATE CHARGES AT $21.48 PER MONTH TO SALE DATE $107.40 --- ESCROW DEFICIT $2,000.00 Plaintiff Paid Date: DECEMBER 4, 2002 CURTIS R. LONG (Seal) Prothonota By: 06.2. A# p. ??.Y J - Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 Real Estate Sale # 41 On December 6, 2002 the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA known and numbered as 156 Creekside Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 6, 2002 By: <Je(i° '` L (G Real Estate Deputy G?? THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. 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 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 28th day(s) of January and the 4th and 11th day(s) of February 2003. 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 : :...... A.....1. ...... Sworn to a his 14th d 11 of bru?r( 2003 A.D. S A L E #41 7_, Notarial Se REAL Terry L Russell, Notary Public ESTATE SALE No. 41 City )t HsrnsWrq. Dauphin Cou4 Writ No. 2002-3975 I t,y ,)r)m,ss,u;,ExpiresJune 6,2 N ARY PUBLIC' Civil Term Horrfeside Lending, Inc. Member, Pennsylvania Association Of Notaries My commission expires June 6, 2006 f/k/a Bancbostson Mortgage Corp. vs CUMBERLAND COUNTY SHERIFFS OFFICE Carl R. Boyd CUMBERLAND COUNTY COURTHOUSE And Joan A. Gush Atty; Leon Haller CARLISLE, PA. 17013 DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in East Statement of Advertising Costs Pennsboro Township, Cumberland County, Pennsylvania. bounded and described as follows: To THE PATRIOT-NEWS CO., Dr. BEGINNING at a point in the centerline of 33.00 For publishing the notice or publication attached feet wide Creekside Drive, on the northwestern comer of Lot No. 4 on the hereinafter mentioned hereto on the above stated dates $ 336.1 5 Plan of Lots; thence along the latter, South 67 Probating same Notary Fee(s) $ 1.75 degrees 19 minutes 00 seconds East, a distance of 292.00 feet to a point on the western side of the Total $ 337.90 Conodoguinet Creek; thence along the latter. North 22 degrees 41 minutes 00 seconds East, a distance of 100.00 feet to a point on the line of 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 .................................................. Lot :?o. _ ',n s'+" d+? , ?.:? uong m 1., North 67 degrees 19 minutes (xi seconds West. 1 distance of 292.0(` feet to a point in the centerlmc of said road; thence along the latter, South -' degrees 41 minutes 00 seconds West, a distance of M0.00 feet to a point. the place d BEGINNING. CONTAINING 29,200.(,0 square feet according to a Subdivision Plan by Dennis R. Moore, R.S.. dated November 9, 1979, recorded in the Officc of the Recorder of Deeds for Cumberland County Pennsylvania, at Plan Book 37, Page 2(} and being designated as lot No. 3 thereon and improved with a t 1/2 story dwelting. SUBJECT, HOWEVER, to an easement tvr the repair and maintenance of a water line from the residence located at 160 Creekview Drive, Enola, which water line runs from the well located ou the above described property to 160 Creeksicic Drive. SUBJECT, ALSO, to the rights of the owners ??. 160 Creekside Drive to use the water and punw, from the well at the above-described property . common with the owners of the above-descrlbe' property. HAVING thereon erected a residential dweh mg known as 156 Creekside Drive, Enola, PA 1703 BEING THE SAME PREMISES which Stephee R. Sheely and Debra K. Sheely by deed dated 6 24193 and recorded 7I9+y3 in Deed Book J-1116 Page 1052 granted and conveyed unto Can R Boyd and Joan A. Gush. TO BE SOLD AS THE PROPERTY OF Carl R Boyd and Joan A. Gush on Judgment No. 20U" 3975. ASSESSMENT AN-C]aO4L,W313. - 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. Lisa Marie Coyne, 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: JANUARY 31, FEBRUARY 7, 14, 2003 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. 41 Writ No. 2002-3975 Civil Homeside Lending, Inc., f/k/a Bancboston Mortgage Corporation vs. Carl R. Boyd and Joan A, Gush Atty.: Leon Haller ALL THAT CERTAIN tract of land with the improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows: BEGINNING at a point in the centerline of 33.00 feet wide Creek- side Drive, on the northwestern corner of Lot No. 4 on the hereinaf- ter mentioned Plan of Lots: thence along the latter. South 67 degrees 19 minutes 00 seconds East, a dis- tance of 292.00 feet to a point on the western side of the Conodoguinct 7 Lisa Marie Covtfe, Editor WORN TO AND SUBSCRIBED before me this 14 day of FEBRUARY, 2003 NOTARIAL SEAL " LOS E.?p5,?,?N.? R, Notuy Plfo c al` €0 LR1 ' C4,Irb".601d Cbunty My t offu iN EVIrm March 5, 2DO5 Creek: thence along the latter, North 22 degrees 41 minutes 00 seconds East, a distance of 100.00 feet to a point on the line of Lot No. 2 on said Plan; thence along the latter, North 67 degrees 19 minutes 00 seconds West, a distance of 292.00 feet to a point in the centerline of said road; thence along the latter. South 22 degrees 41 minutes 00 seconds West, a distance of 100.00 feet to a point, the place of BEGIN- NING. CONTAINING 29,200.00 square feet according to a Subdivision Plan by Dennis R. Moore, R.S., dated No vember 9, 1979, recorded in the office of the Recorder of Deeds for Cumberland County, Pennsylvania, at Plan Book 37, Page 20 and being designated as Lot No. 3 thereon and improved with a 1 1/2 story dwell- ing. SUBJECT, HOWEVER, to an easement for the repair and mainte- nance of a water line from the resi- dence located at 160 Creekview Drive. Enola, which water line runs from the well located on the above described property to 160 Creekside Drive. SUBJECT. ALSO, to the rights of the owners of 160 Creekside Drive to use the water and pump from the well at the al)ove-described property in common with the own- ers of the above-described property. HAVING THEREON ERECTED A RESIDENTIAL DWELLING KNOWN AS 156 CREEKSIDE DRIVE, ENOLA, PA 17025. BEING THE SAME PREMISES WHICH Stephen R. Sheely and Debra K. Sheely by deed dated 6/ 24/93 and recorded 7/9/93 in Deed Book J-36, Page 1052 granted and conveyed unto Carl R. Boyd and Joan A. Gush. TO BE SOLD AS THE PROPER- TY OF CARL R. BOYD AND JOAN A. GUSH ON JUDGMENT NO. 2002 3975. ASSESSMENT #09-17 1042- 003B.