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HomeMy WebLinkAbout02-6122WASHINGTON MUTUAL BANK, FA Plaintiff vs. Oa. RICHARD P. JACOBY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA (p ?? 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 WASHINGTON MUTUAL BANK, FA, Plaintiff vs. RICHARD P. JACOBY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof , is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA, Plaintiff vs. RICHARD P. JACOBY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 0 d - w/-?'Z ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, WASHINGTON MUTUAL BANK, FA, is a Corporation, with an address of P.O. BOX 1169, DEPT. 2665, MILWAUKEE, WISCONSIN 53201. 2. Defendant, RICHARD P. JACOBY, is an adult individual, whose last known address is 402 NEALY ROAD, NEWVILLE, PENNSYLVANIA 17421. 3. On or about, June 6, 2001, the said Defendant, executed and delivered a Mortgage Note in the sum of $59,368.00. The Said Note is not accessible to Plaintiff and is believed to have been lost. In further answer thereto, a copy is believed to be in the possession of Defendant. Plaintiff also avers that the within Mortgage foreclosure complaint is based upon the Mortgage and that the attachment of a copy of the Note is unnecessary pursuant to Rules 1019(h) and 1141(a) of the Pennsylvania Rules of Civil Procedure. 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant, 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 conveying to original Mortgagee the subject premises. 5. The land subject to the Mortgage is: 402 NEALY ROAD, NEWVILLE, PENNSYLVANIA 17421. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on August 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $11.63 per day From 07/01/2002 To 01/01/2003 ( based on contract rate of 7.250%) Accumulated Late Charges Late Charges $20.58 From 08/01/2002 to 01/01/2003 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $58,595.17 $2,500.45 $41.28 $144.05 $74.81 $2,929.76 $64,285.52 **Together with interest at the per diem rate noted above after January 01, 2003 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 the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. 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 7.250% ($11.63 per diem), together with other charges and costs including escrow advances incidental thereto to the fate of Sheriff's Sale and for foreclosure and sale of the property within described. /V I By: rv YELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) VERIFICATION I, the undersigned hereby verify that I am a representative of the plaintiff and I am authorized to make this Verification. I hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my information and belief and that this statement is made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unworn falsification to the authorities. 1]ECE"EER 20, 2002 , Name: Dean LaRocha Title: Asst. Secretary Company: Washington Mutual Bank FA n V..1 ZT) Z7 O to SHERIFF'S RETURN - REGULAR CASE NO: 2002-06122 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS JACOBY RICHARD P RICHARD E. SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE JACOBY RICHARD L TERRE TENANT the , at 1248:00 HOURS, on the 6th day of January , 2003 at 402 NEALY ROAD NEWVILLE, PA 17241 RICHARD L. JACOBY was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 n, Sworn and Subscribed to before me this 13"" day of A. D. Prothonotary, So Answers: R. Thomas Kline 01/07/2003 PURCELL KRUG & HALLER By: ?- . eputy "Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-06122 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS JACOBY RICHARD P RICHARD E. SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MnRT FnRF JACOBY RICHARD P DEFENDANT , at 1248:00 HOURS, on the at 402 NEALY ROAD NEWVILLE, PA 17421 RICHARD L. JACOBY, FATHER OF DEFENDANT was served upon the 6th day of January , 2003 by handing to a true and attested copy of COMPLAINT - MORT FORK NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /3`r day of ?Zaa3 A.D. /Protno of try 4 So Answers: r R. Thomas Kline 01/07/2003 PURCELL KRUG AND HALLER ?-? By: Deputy Sheriff WASHINGTON MUTUAL BANK, FA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02-6122 RICHARD P. JACOBY, CIVIL ACTION - LAW Defendant PRELIMINARY OBJECTION AND NOW comes Defendant, by his attorney Norman M. Yoffe, Esquire, and file the following Preliminary objection, in the nature of a Motion to Strike the Complaint: MOTION TO STRIKE COMPLAINT 1. Pa.R.C.P. 1161(a)(1) requires a complaint in Mortgage Foreclosure to state the place where the mortgage is recorded. 2. The complaint fails to state the aforesaid. WHEREFORE, Defendant requests the Court to dismiss the Complaint. YOFFE & OFFE, P.C. NORMAN M. YOFFE, ESQUIRE Attorney for Defendant 214 Senate Avenue, Suite 203 Camp Hill,, PA 17011 (717) 975•-1838 Attorney ID No. 07135 jacoby\objection WASHINGTON MUTUAL BANK, FA, Plaintiff VS. RICHARD P. JACOBY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-6122 CIVIL ACTION - LAW VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Preliminary Objection are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: a C 7L'? CQ RICHARD P. J1 OBY WASHINGTON MUTUAL BANK, FA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02-6122 RICHARD P. JACOBY, CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below, he served a true and correct copy of the foregoing Preliminary Objection on Leon Haller, Esquire. Service was accomplished by depositing the same in the United States Mail, first class, postage prepaid and addressed as follows: Leon Haller, Esquire 1719 North Front Street Harrisburg, PA 17102 YOFFE & YOFFE, P.C. Date: February 26, 2003 By N M. YOFFE, ESQUIRE Attorney for Defendant 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 Jacoby\certsvc 1% (-) p C- -0 L: O -, ?:`• Z. F r t -._ rte`: ' ?-? `t , co -? WASHINGTON MUTUAL BANK, FA Plaintiff vs. RICHARD P. JACOBY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 02-6122 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 Amended 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 Amended 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 WASHINGTON MUTUAL BANK, FA, Plaintiff vs. RICHARD P. JACOBY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE : NO. 02-6122 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 Amended 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 WASHINGTON MUTUAL BANK, FA, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW RICHARD P. JACOBY, ACTION OF MORTGAGE FORECLOSURE Defendant NO. 02-6122 AMENDED COMPLAINT IN MORTGAGE FORECLOSURE 1. This Amended Complaint is being timely filed pursuant to Pa.R.C.P. No. 1028(c)(1) and in response to the Defendant's February 27, 2003 Preliminary Objections. 2. Plaintiff, WASHINGTON MUTUAL BANK, FA, is a Corporation, with an address of P.O. BOX 1169, DEPT. 2665, MILWAUKEE, WISCONSIN 53201. 3. Defendant, RICHARD P. JACOBY, is an adult individual, whose last known address is 402 NEALY ROAD, NEWVILLE, PENNSYLVANIA 17421. 4. On or about, June 6, 2001, the said Defendant, executed and delivered a Mortgage Note in the sum of $59,368.00, payable to Washington Mutual Home Loans, Inc. The Said Note is not accessible to Plaintiff and is believed to have been lost. In further answer thereto, a copy is believed to be in the possession of Defendant. Plaintiff also avers that the within Mortgage foreclosure complaint is based upon the Mortgage and that the attachment of a copy of the Note is unnecessary pursuant to Rules 1019(h) and 1141(a) of the Pennsylvania Rules of Civil Procedure. 5. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant, made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which was recorded in the Recorder of Deeds Office of the within County and Commonwealth on July 9, 2001 in Book 1727, Page 420, conveying to the original mortgagee the subject premises. A true and correct copy of the Mortgage is attached hereto and marked Exhibit "A". Washington Mutual Home Loans, Inc. is now known as Washington Mutual Bank, FA. 6. The land subject to the Mortgage is: 402 NEALY ROAD, NEWVILLE, PENNSYLVANIA 17421. A true and correct copy of the legal description for the property is attached hereto and marked Exhibit "B". 7. The said Defendant is the real owner of the property, as evidenced by the Deed dated June 29, 2001, which was recorded July 9, 2001 in book 247, Page 1686. A true and correct copy of the Deed is attached hereto and marked Exhibit "C". 8. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on August 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $11.63 per day From 07/01/2002 To 01/01/2003 (based on contract rate of 7.250%) Accumulated Late Charges Late Charges $20.58 From 08/01/2002 to 01/01/2003 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $58,595.17 $2,500.45 $41.28 $144.05 $74.81 $2,929.76 $64,285.52 "Together with interest at the per diem rate noted above after January 01, 2003 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. 9. No judgment has been entered upon said Mortgage in any jurisdiction. 10. 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. 11. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 12. 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. 13. Prior to the commencement of this foreclosure action, in compliance with the Mortgage, the Plaintiff sent a letter dated October 15, 2002 to the Defendant notifying him of his default, the amount needed to cure his default and informing him that if his account was not reinstated, the Mortgage would be accelerated and foreclosure proceedings filed. A true and correct copy of the October 15, 2002 letter to the Defendant is attached hereto and marked Exhibit "D". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.250% ($11.63 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By. P CELL, KRUG & HALLER Ji M. Wineka, Esquire ID# 58803 Leon P. Haller, Esquire I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Attorneys for Plaintiff Mar-14-2003, 12,.14pm From-PREMIER ABSTRACT Ju "06-01 , 01:26a4 From-Washlnson mutual Ix"Y .l Record and RE earn To: toashiuor-On mutual Some Laaue, Sao • c/o act XMiLge 8olutioa0 12691 Yala Dr- Carden Grow, CA 92 641 parcel Nuatbetc30951322 +412 031 3145 T-211 P.005/00i F-i03 '01 JUL 9 P[1 4 U 7 13pwe AberA 2btc Line For 2000rd1u4 [wm3 ------ F13A ace loo. Cmtavaw?bofPem9Ylvsnls MORTGAGE ?41_g5?5616 prepared By: lender l: 410026798 Valerie R -:ocviao gethel Parr, PA 15102 9001 T= MCRTGAGE ('Scamry InstmMent") given o0 oraly 06, The MortBaSo, is V-L°hard P Jacoby Maphiagtaa Mutual rrr?me Loma, xae. ("Borrower"). NIS SeeIIr ty 1asnmmuc 19 elven to , aIId which is or82ni reed and exIg"$ under me laws of ahAo 91324 whosc address : s 9451 cosbia Aw . r Northridge. (-Lender")- BOtTowei owes Ltatltr -- p-- suntof >'ifty "1'28 Y}sowsst?d Tbroa N=dred 3ixiy rAShb and o0/10a---------- DIlws (U.S. S59,368.00---??') ---- this Swwity Istsmmem This debt is evidenced by Borrower's note ilatrd the saran dpiC as 1 debt and payable on which provide: for moamty m,==, with the fu1. of not paid eazlier, d" TwS Swrity bstmment sautes to Lcadcr: W the rCpayMCU of the July Z, zG=•l tu,d modificntioas of the Nate: (b) the debt avidc=d by the Notc, with interest, acd alt tewwala, tatteasiDCs ? protect she se?rY a this Sang"Y payment of All Omer strata, wide twerest, advanced under pampsPh M Yejmmty n, Moe4146lt -x196 p-t?TROM?C Lt?'U YOAw• INC. • WOg31-0846 f'0 -P4R(PA) 100M rape t et c BK 1 727PGO420 MW h Mar-14-7003 12:14PM From-PREMIER ABSTRACT +243 3390 T-831 P.003/018 F-272 Instrument; and (c) he performance of Borrower's covenants and agreements under this Security Instrument and the Note. For th s purpose, Borrower does hereby mortgage, grant and convey to the Lender the following described property ]c cared in Cumberland County, Pennsylvania: See Attached which has the addres! of 402 Nealy Road, Neurville [steer. City]. :Pennsylvania 17241 [Zip Codel ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, :::ppurtenanecs and fix tunes now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, ::abject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limiu d variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Le ader covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Irincipal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt v ridcnced by the Note and late charges due under the Note. 2. Monthly Pay; neat of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special asse;sments levied or to be levied against the Property, (b) leasehold payments or ground r.sttts on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ('Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each mor thly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid l.y Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Insunment is held by the Secretary, in a reasonable amount to be determined by the Seretary. Except for i he monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." s •P4R(PA) Town Paps 2 of 9 Initials V. OK 1727PGO42 1 Mar-1472003 12:14pm From-PREMIER ABSTRACT +243 3390 T-831 P.004/018 F-272 Lender tray, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximw n amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Pan 3500. as they may be amended from time to time ("R)=SPA"), except that the cushion or reserve permitted by RESP.,? for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Leader at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to : hake up the shortage as permitted by RESPA. The Escrow Fuads are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining fc r all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not 3ecome obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account stall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instc ad of the monthly mortgage insurance premium; Second, to any :axes, special assessments, leasehold payments or ground rents, and fine, flood and other hazard insurance premiums, as required; Third, to intere, t due under the Note; Fourth, to amortization of the principal of the Note, and Fifth, to late ch;xges due under the Note. 4. fire, Flood rind Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for wk ich Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lend,:r requires. Borrower shall also insure all improvements on the Property, whether now in 0xistence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance ,ball be carried with ?;ompanies approved by Lender. The insurance policies and any renewals shall be held by lender and shall inch de loss payable clauses in favor of, and in a foray acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of Joss if not made prorptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any applicaion of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess b3surance proceeds o-rer an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the cntiry legally entitled thereto. A 1 -P4R(Pq) imosi Psoo 3 of 9 ?+? iM7Ala4? 8KI727PGO422 Mar-14-2A03 12:14pm From-PREMIER ABSTRACT +243 3381 T-USI r.truoiuio r-cic In the event o:' foreclosure of this Security Instrum=t or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. S. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leasetolds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Prc perty) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue :hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. '.Borrower shall notih- Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantir 11y change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Properry. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate :information or staterr ents to Lender (or failed to provide Lender with any material information) in connection with the loan eviden xd by the Now, including, but not limited to, representations concerning Borrower's occupancy of the Prcperty as a principal residence. If this Security Instrument is on a leasehold, Borrower nball comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be n ierged unless Leader agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hixeby assigned and shall be paid to Lender to the extent of the frill amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the redu.-tlon of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally ea titled thereto. 7. Charges to borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or muni:ipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lend(x's interest in the Property, upon Lender's request Borrower shall promptly furnish to Leader receipts evider sing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform mty other covenants aj td agreements contained in this Security Instrument, or there is a legal proceeding that way significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or.•egulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lend,:r's rights in the Property, including payment of taxes. hazard insurance and other items :mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Seevrity Instrument. These amounts shall bear interest from the dare of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. 1L -P4R(PA) toma1 pails a of 9 Initials: V TM 1/ 6K1727PG0423 •Mar-14-2003 12:15pm From-PREMIER ABSTRACT +243 3390 T-831 PAWNS F-272 Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agree, in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien. by, or defends against enforcement of the lien in, legal proceedings which in the Lender s opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument. Lender :=y give Borrower a notice identifying the lien. Borrower shall satisfy the lien or tale one or more of the aixions set forth above within 10 days of the giving of notice, S. Fees. Lends may collect fees and cbarges authorized by the Secretary. 9. Grounds for Acceleration or Debt. (a) Default Lender may, except as limited by regulations issued by the Secretary, in the case of payment del aults, require immediate payment in full of all sums secured by this Security instrument if: (i) Bormwer defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borr )wer defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Wi hout Credit Approval. Leader shall, if permitted by applicable law (including Section 341(d) of th,: Gam-St. Germain Depository institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior ap.yroval of the Secretary, require immediate payment is full of all sums secured by this Security Instrument if. (i) All or pan of The Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accord ince with the requirements of the Secretary. (c) No Wain er. If circumstances occur that would permit Lender to require immediate payment in full, but Ler,der does not require such payments, Lender does not waive its rights with respect to subsequent e'fents. (d) Regulati ins of HUD Secrettry. In many circumstances regulations issued by the Secretary will limit Lenders rights, in the case of payment defaults, to require immediate payment in full and foreclose if rot paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary, (e) Mortgage: Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined tr? be eligible for insurance under the National Housing Act within 60 days from the date hereof. Lender may, at its option, require immediate payment in full of all sums secured by this Security Insu ument. A written statement of any authorized agen[ of the Secretary dated subsequent to 60 days front the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility- Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. •P4R(PA) loam Page R of 9 `*Tr r ItYllWf' 8KI727PGO424 Mar-14-2003 12:15pm From-PREMIER ABSTRACT +243 3390 T-831 P.007/018 F-272 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in :full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sung all amounts required to bring Borrower's account current including, to the extent they are obligations of Bc rrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and impeases properly associated with the foreclosure proceeding- Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender lus accepted reinstate ment after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure an different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by ibis Security Instntmust. ll. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor an interest or refuse t) extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument ')y reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbear mce by Lender in exercising any right or remedy sball not be a waiver of or preclude the exercise of any rigbt )r remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this l ecurity Isstrumem shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Bc rrower who co-signs this Security Instnnnent but does not execute the Note: (a) is ro-signing this Secu -icy Instrument only to mortgage, grant and convey that Borrower's interest in the (Property under the tents of this Security Instrument; (b) is not. personally obligated to pay the sums secured by this Security Instr tment; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any. accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's const at. 13. Notices. Any noricc to Borrower provided for is Ibis Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Propety Address or any other address Borrower designates by notice to Lender. Any notice to "Leader shall be givetr by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. i my notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this 'iocuriry Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instru :nt or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security lsstrument. ?.P4R(PA) bones reoo a or 9 rr InINd OK 1727PGO425 Mar-14-2003 12:16pm From-PREMIER ABSTRACT +243 3390 T-831 P108/018 F-272 16. Hazardou; Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affects ag the Property that is in violation of any Environmental Law. The preceding two sentences shall not r.pply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Leader written notice of any investigation, claim, demand, lawsuit or other action by any govenimemal or regulatory agency or private party involving the Property and any Hazardous Substance or Enviroi mental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any govemmenttd or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Env: ronmental Law. As used in this paragraph 16, "Hazardous Substances' are those substances defined as toxic or bazardous substances by Envirc nrneataI Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and midioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignmen; of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tmant of the Property to pay the rents to Lender or Lender's agents. However, prior to Leader's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, :Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee far benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has nc t executed any prior assignment of the rents and has nor and will not perform any act that 'would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there ns a breach. Any application of rents shall not cure or waive any default or invalidate any other right or aemedy of Lender. Ibis assignment of rents of the Property shall terminate when the debt secured by the .Security Instrument is paid in full. 18. l+oreclosur( Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect WI expenses incurra in pursuing the remedies provided in this paragraph 18, including, but not limited to, attorneys' fees and costs of title evidence. -P04 IPA) icooei Page 7 of 9 Imtl»: BK 1 727PG0426 Mar-14-2003 12:16Pm From-PREMIER ABSTRACT +243 3390 T-831 P-009/018 F-272 If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nogjudicial power of We provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act') (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to will the Property as pro Tided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise aw lable to a Lender under this Paragraph 18 or applicable law. 19. Release. U Son payment of all sutras secured by this Security Instrument, this Security Instrument and the estate conveyed ; ball terminate and become void. After such occurrence. Lender shall discharge and satisfy this Security Instrun=t without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. 3orrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedia„s to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemptioz., 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire 1 ide to the Property, this Security Instrument shall be a purchase money mortgage. 23. Interest R tte After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shalt be the rate payable from time to time under the Note. 24. Riders to this Security Instrument. If one or snore riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall .emend and suppleme it the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Iostnmeat. [Check applicable box(es)]. M Condominium .2ider Ej Growing Equity Rider 0 Other [specify] El Planned Unit 1: evelopmenr Rider O Graduated Payment Rider *_P4R(PA) toocai Pape 8 of 9 InMfb• 9KI727PGO427 Mar-14-2003 12:17pm From-PREMIER ABSTRACT +243 3390 T-831 P.010/018 F-272 BY SIGNING aELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and is any rider(s) c:ecuted by Borrower and recorded with it. Witnesses- ^-J-- (Seal) Richard P cob -Borrower _ (Seal) -Borrower (Seal) -Borrower - (Seal) -Borrower ---- (Seal) -Borrower _ (Seal) -Borrower _ (Seat) -Borrower _ (Seal) -Borrower Certificate of Resider ice I, Frey s Tiley , do hereby certify that the correct address of the within-named Lender is 9451 Corbin Ave. Northridge, CA 91324 Witness my hand this 29TH day of ,C'OMMONWEALTB OF PENNSYLVANIA. On this, f?V%-• day of :1Z.> l pe:rsonatly appeared RICHARD P. JACOBY `J JUNE, 201. Frey 6- Tiley Agent er CUMBERLAND ty SS. 20D1 , before me, the undersigned officer, known to me (or satisfactorily proven) to be the parson s whose [tame is subscribed to the within instrument and acknowledged that he executed the same for tie purposes herein contained. IN WITNESS WI [EREOF. 1 hereunto set my hand and offi i s Hy Commission Expin:s: I P4RIPA1 iooom 9 Ida of Officer r3K1727PG 042 PUBUC =C UNnr, ?A NE 3, X00? Mar-14-2003 12:17pm From-PREMIER ABSTRACT +243 3390 T-831 P-011/018 F-272 .x' •A DESCRIPTION Parcel No.; 30-09-0513422 ALL that certain tract of land and the Improvements thereon situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a ;subdivision Plan for Larry E, Foote. Sr. and H. David Miller. Jr., recorded In Cumberland County Plan Book 63, Page 19, as follows: BEGINNING at a Parker Kalon nail in Nealy Road (Township Road No. T-353), at the northwe::tern comer of Lot No. 3 as shown on said plan of lots; thence along the latter. South 3 i' degrees 29 minutes 47 seconds West, a distance of 585.00 feet to an iron pin; thence along Lot No. 1 on said plan. North 52 degrees 30 minute 13 seconds West, a dlstani:e of 150.00 feet to an iron pin at the southeastern corner of Lot No. 5 on said plan; thence along the latter. North 37 degrees 29 minute 47 seconds East. a distance of 56::.00 feet to a Parker Kelon nail in said public road; thence in said road, South 52 degmes 30 minute 13 seconds East, a distance of 150.00 feet to a Parker Kalon nail In seid road, the Place of BEGINNING, CONTAINING 2.01 acres and being designated Lot No. 4 as shown on said subdivision plan. BEING THE SAME PREMISES WHICH ELDON H. MARTIN AND SUSAN E. MARTIN, HUSBA,.?FD AND WIFE, BY DEED DATED JUNE 17, 1997 AND RECORDED JUNE 18, 1997 IN THE OFFICE OF THE RECORDER OF DEEDS ' IN AND FOR CUMBERLAND COUNTY AT CARLISLE, PENNSYLVANIA, IN DEED BOOK 159, PAGE 592, GRANTED AND CONVEYED TO ER !IN S. NOL T, SINGLE MAN. PA 3 I Certify this to be recorded In Cumberland County PA d1 O' r`' 0 Recorder of Deeds Form 4100 BK 1727PGO429 Parcel No.: 30.09-0513_(22 ALL that certain tract of land and th Newton Town.hlp, Cumberland Counry, a improvements thereon pursuant a ubdivision Plan for Larry' Pennsylvania. bounded andr estcnb North In Cumberland"' County Plan gook 63, , Foote. Sr. and H, ed David Miller, Jr., recorded 9EGINtIING 9, as follows: at the northwe;,•tern at a Parker Kalon Hall in Neal latter. South 3•- d comer 01 101 No. 3 as shown on Road d ?7ownahl iron In; ?rBes 29 minutes 47 P Road No, T 353}, P thence along Lot N seconds West plan of lots; thence West, a distant j on said Plan. North 52 a distance of 585,00 feet to ache said plan; of '150. de r thence '@ thence ? feet to an iron Pin at the s ? rtes t distance of 58,;.0 alone the tatter. North 37 degrees 29 `hBestem r. minute 13 seconds South 5 S 0 feet to orner of Lot No. 5 on 2 de mes 30 a Parker Kalon nail in said minute 47 seco nds in in East a Kelon nail In szlid road mute 13 seconds Public road thence e ' the Place of gds st, a distance of 130: said road, 00 feet to a p GINEaNING. arker CONTAINING 2.01 acres and being plan g designated Lot No. 4 as shown on said BEING THE SAMS WHICH If USB.&rD A1VD WIF PREMISES E 199 7 ;rN 3, BY DEED ELDON H. MARTIN NE OFFI(:E OF, DATED JUNE 1 7 AND SUSAN E. MARTIN, COUNTY' AT C?LISLI, • PENNTHESYLVANIARECORDER OF 199 DEEDS 7 AND RECORDED JUNE 18 AND C:?NVEyED IN AND TO FR lIN S. IN DEED BOOK 159 FOR CUNBER.LAND NOlT, SINGLE MAN. ' PAGE 592, GRANTED 02:59am From-PREMIER ABSTRACT 10' so 11 arn& .34J-7 +243 3390 T-781 P.003/006 F-156 PARCEL No.; 30-09-0513-022 DEED C MADE 1"HE ZQ day of June, Two Thousand one (2001), BETWEEN ERVIN S. NOLT and EMMA N. NOLT, his wife, of Newville, Cumberland County, Pennsylvania 17241, hereinafter called Grantors, AND RICHARD P. JACOBY, single man, of Newville, Cumberland County, Pennsylvania, hereinafter called Grantee; WITNESSETH. that in consideration of the sum of Sixty Thousand Three Hundred and no 1/100 ($60,300.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the Grantors hereby grant and convey unto the Grantee, his heirs and assigns. ALL that certain tract of land and the improvements thereon situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a Subdivision Plan for Larry E. Foote, Sr, and H. David Miller, Jr., recorded in Cumberland County Plan Book 63, Page 19, as follows: BEGINNING at a Parker Kalon nail in Nealy Road (Township Road No. T-353), at the northwest am comer of Lot No. 3 as shown on said plan of lots, Fatter, South 37 degrees 29 minutes 47 seconds West, a distance of 58thence along t 5.00 feet to an he iron pin; thence along, Lot No. 1 on said plan, North 52 degrees 30 minutes 13 seconds '/Nest, a distance of 150.00 feet to an iron pin at the southeastern corner of Lot No. 5 on said plan; thenc3 along the latter, North 37 degrees 29 minutes 47 seconds East, a distance of 585.00 feet to a Parker Kalon nail in said public road; thence in said road, South 52 degree; 30 minutes 13 seconds East, a distance of 150.00 feet to a Parker r-?:alon nail in said road, the Place of BEGINNING. CONTAIN ING 2.01 acres and being designated Lot No. 4 as shown on said subdivision plan. F? HAVING erected thereon a mobile home known and numbered as 402 Nealy .oad, Newville, F ennysivania 17241. I BEING the same property which ELDON H. MARTIN and SUSAN E. MARTIN, I s wife, granted and conveyed to ERVIN S. NOLT, single man, one of the grantors herein, by deed dated June 17, 1997 and recorded in the Office of the Recorder of [:)!aeds for Cumberland County in Deed Book 159, Page 592 Emma N. Nolt joins XIWT C ?90% 247 F,,:-:11686 oz:5spm From-PREMIER ABSTRACT +243 33913 T-781 P 004/006 F-156 herein to convc,y any right, title or interest she may have In the property by virtue of her marriage to Ervin S. Nolt, SUBJE(:T, HOWEVER, to building and use restrictions of record. AND the grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITN ESS WHEREOF, the grantors have hereunto set their hands and seals the day, month and year first above written. Signed, Sealec and Delivered in the prasence of 7? /err 1 ChC.-1- (SEAL) ERVIN S. NOLT -10 k EMMA N. NOLT Q (SEAL) IOOMMONWEALTH OF PENNSYLVANIA ('OUNTY OF CLIMBERLAND On this, tke Z-Z_ rday of June, 2001, before me the undersigned officer, Eaersonally appee red ERVIN S. NOLT and EMMA N. NOLT, his wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. IN WITNE 5S WHEREOF, I hereunto set y hand and seal. X Notarial ; nut HUM S. Irwin III, I lorary Public ?fy Carlisle 6010• Cumb:rlana County Notary Public My Commisslon Expire s Sepl. 23.2002 MOIYlDAr, PennSyNanle .act x;aryon 01 Notaries do hereby certify that the precise residence and complete post office address of the within named grantee is 402 Nealy Road, Newville, PA 17241. 17 2001 . ^I r-AGE.J687 03:00pm From-PREMIER ABSTRACT +243 3390 T-781 P. 005/006 F-156 (r7 >- a_ _ o Box 247 PMA688 1 Certify this to be recorded In Cumberland County PA Recorder of Deeds Cumberland Comity Recorder of Deeds bstrun in Filins ReceiFtR 3i4554 InstrO 2001-021716 7/09/2001 16:08:02 Ruarks: FFCY A TI!_EY 3ACOBY DEED 11.50 DEED - GRIT .50 DEED - RTT STATE 6=03.00 KG SPRING 231.50 RRTH NEWTON UP 301.50 DEED - AIH 11.50 CO IAPROVEM2V FND 1.00 REC. IMFRVMT FUND 1.00 Check% 12775 ii>? 1.00 Chec A 12776 t.50 Total Received....... :IIrol.50 Washington Mutual 2210 Enterprise Drive P.O. Box 100500 Florence. SC 29501-OSW 7100 4047 5300 2302 8954 October 15, 2002 RItx1 M P JACOOY 402 NEALY RD NEWILLE PA 17241 RE: 5101286788 FHA 402 Nealy Rd Newville PA 17241 Dear Borrower: 0"810 5101286788 The records of Washington Mutual Home Loans, Inc. Indicate that as of the date of this letter, you have failed to make the required monthly payments under the terms of your Note ("Note") and related Mortgage or Deed of Trust, whichever is applicable ("Security Instrument") since 08 01=02. The total amount presently due and owing ("Total Amount Due) consists of the following: Principal dt Interest Payment $ 1214.97 Escrow: 328.32 Accumulated Unpaid Late Charges: 0.00 Outstanding Fees Total: 0,00 Credits: 213.77 Total Amount Due:$ 1332.64 The terms of the Note and Security Instrument require you to pay each monthly payment and any related late charge and other fees when due. This correspondence will serve to notify you that you are in default under the terms of your Note and Security Instrument because of your failure to pay the above mentioned Monthly Payments, related late charges and fees when due. You may cure this default within thirty (30) days from the date of this letter by paying to Washington Mutual Home Loans, Inc, the total amount due plus any additional monthly payments and late charges falling due within this thirty day period. Failure to cure such default within the 30-day period will result in Washington Mutual declaring the entire outstanding principal balance, accrued interest and any other fees and charges due under the terms of the Note and Security Instrument to be immediately due ("Acceleration"). If this amount is not immediately paid at such time, Washington Mutual may =erc:lse its remedies available under the terms of the Note and Security Instrument and applicable law, including the commencement of foreclosure proceedings which may result in the sale of your property. After acceleration, you will have the right to assert any grounds you may have to prove the non-existence of a default. You may also reinstate your loan. In addition, you will have the right in any related foreclosure proceedings to assert any defense to acceleration, the foreclosure litigation and, if applicable, the eventual sale of your property pursuant to a court order or trustee power of sale. Please contact our office immediately to discuss your account status. Our toll free number is 1-800-254-3677. Sincerely, Collection Department Applicable law requires us to inform you that, under these circumstances, we are acting as a debt collector, we are attempting to collect a debt, and any information will be used for that purpose. DEMAND L1R MW DL fol 177TI vxnn7vxQ4QTI 3T1'4499T0WA VERIFICATION I, JILL M. WINEKA, ESQUIRE, Attorney for Plaintiff, Washington Mutual Bank, FA, verify that the statements made in the foregoing Amended Complaint are true and correct. I understand that false state- ments herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Owing to time constraints and our client's offices being out of state, counsel is signing this Verification based upon information and documents provided by the Plaintiff, as well as information which is of public record. Jill ineka, Esquire Atto eys for Plaintiff Date: 3/1-7/63 CERTIFICATE OF SERVICE I, Barbara A. Shadel, an employee of the law firm of Purcell, Krug & Haller, do hereby certify that I served a true and correct copy of the Amended Complaint in Mortgage Foreclosure on the following by depositing same in the United States Mail, First Class Postage, Postage Prepaid, addressed as follows: Norman M. Yoffee, Esquire 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 Attorney for Defendant, Richard P. Jacoby arbara A. Shadel Dated: -J/710 3 - - -, ` , _ C3 WASHINGTON MUTUAL BANK, FA : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02-6122 RICHARD P. JACOBY CIVIL ACTION - LAW - Defendant : 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 Richard P. Jacoby 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 $58,595.17 Interest $ 2,500.45 (Per diem of $11.63 from 7/1/02 to 1/1/03) Accumulated late charges and Late charges $ 185.33 ($20.58 per month to 1/03) Escrow Deficit $ 74.81 5% Attorney's Commission $ 2,929.76 TOTAL $64,285.52** ** Together with additional interest at the per diem rate indicated above from January 1, 2003, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & By 1/I7 NorLn wont Harrisburg, PA 1 (717) 234-4178 #15700 WASHINGTON MUTUAL BANK, FA : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. RICHARD P. JACOBY Defendant NO. 02-6122 CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I hereby certify that on April 22, 2003 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 jae P. aller PA I.D. 415700 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 WASHINGTON MUTUAL BANK, FA, Plaintiff VS. RICHARD P. JACOBY, Defendant TO: RICHARD P. JACOBY 402 Nealy Road Newville, PA 17421 t DATE OF NOTICE: r1' 2 L 103 IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 02-6122 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE 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 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 OBTAIN LEGAL HELP. CUMBERLAND COUNTY Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 korrnne?yy ineka, Esquire ID# 58802 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff WASHINGTON MUTUAL BANK, FA, Plaintiff vs. RICHARD P. JACOBY, Defendant TO: NORMAN YFFFE, ESQUIRE 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 Attorney for Defendant DATE OF NOTICE: `4122-163 IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 02-6122 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE 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 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 OBTAIN LEGAL HELP. CUMBERLAND COUNTY Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 Jill Wineka, Esquire Att ey ID# 58802 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff WASHINGTON MUTUAI, BANK, FA : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. RICHARD P. JACOBY Defendant NO. 02-6122 CIVIL ACTION - LAW - 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 1990, as amended. Sworn to and sub cribed before e t is r,VrLday of 203 ?T?oi?ary P>!ibic " -0000* LEO?(-' . HALLER, ESQUI NOTARIAL SEAL MARYLAND K. FERRETTI, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Aug. 8, 2006 r? 4rj r, WASHINGTON MUTUAL BANK, FA : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02-6122 RICHARD P. JACOBY CIVIL ACTION - LAW - Defendant : IN MORTGAGE FORECLOSURE 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 402 Nealy Road, Newville, PA 17421 as follows: Amount due pursuant to Judgment Interest (Per diem of $11.63 from 1/1/03 to 12/10/03) Late Charges at $20.58 (1/03 to 12/03) Escrow deficit TOTAL WRIT $64,285.52 V1 $ 4,105.39 $ 226.38 $ 1,500.00 $70,117.29** ** Together with any additional interest, charges and costs to the date of Sheriff's Sale. By LEO HALLER I.D. # 700 TORNEY FOR PLAINTIFF 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Dated: June 11, 2002 Attached is a description of the real estate. 70 r- N J LEGAL DESCRIPTION ALL that certain tract of land and the improvements thereon situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a Subdivision Plan for Larry E. Foote, Sr. and H. David Miller, Jr., recorded in Cumberland County Plan Book 63, Page 19, as follows: BEGINNING at a Parker Kalon nail in Neely Road (Township Road No. T-353). at the northwestern comer of Lot No. 3 as shown on said plan of lots: thence along the latter, South 37 degrees 29 minutes 47 seconds West, a distance of 585.00 feet to an iron pin; thence along Lot No. 1 on said plan. North 52 degrees 30 minute 13 seconds West, a distance of 150.00 feet to an iron pin at the southeastern corner of Lot No. 5 on said plan; thence along the latter. North 37 degrees 29 minute 47 seconds East. a distance of 5136.00 feet to a Parker Kalon nail in said public road; thence in said road, South 52 degrees 30 minute 13 seconds East, a distance of 150.00 feet to a Parker Kalon nail in said road, the Place of BEGINNING. CONTAINING 2.01 acres and being designated Lot No. 4 as shown on said subdivision plan. HAVING THEREON ERECTED A DWELLING KNOWN AS 402 Nealy Road, Newville, Pennsylvania BEING THE SAME PREMISES which Ervin S. Nolt and Emma N. Nolt, by need dated 6/29/01 and recorded 7/9/01 in Cumberland County Deed Book 247, Page 1686, granted and conveyed unto Richard P. Jacoby. TO BE SOLD AS THE PROPERTY OF RICHARD P. JACOBY UNDER JUDGMENT NO. 2002-6122 CIVIL TERM PARCEL NO. 30-09-0513-022 c CS, 96 N ? . ? N WASHINGTON MUTUAL BANK, FA : Plaintiff : VS. RICHARD P. JACOBY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-6122 CIVIL ACTION - LAW - 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 402 Nealy Road, Newville, PA 17421: 1. Name and address of the Owner(s) or Reputed Owner(s): Richard P. Jacoby 402 Nealy Road Newville, PA 17421 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: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Citifinancial, Inc. 244 South Fayette Street Shippensburg, PA 17257 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 Norman Yoffe, Esquire 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (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. Krug & r 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Leorr"2. ltler PA I.D. #1500 Purcell K Halle DATE: September 9, 2003 WASHINGTON MUTUAL BANK, FA : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02-6122 RICHARD P. JACOBY CIVIL ACTION - LAW - Defendant 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, DECEMBER 10, 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: 402 NEALY ROAD, NEWVILLE, PA 17421 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 02-6122-CIVIL THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: RICHARD P. JACOBY 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) 299-3166 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 tract of land and the improvements thereon situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a Subdivision Plan for Larry E. Foote, Sr. and H. David Miller, Jr., recorded in Cumberland County Plan Book 63, Page 19, as follows: BEGINNING at a Parker Kalon nail in Neely Road (Township Road No. T-353), at the northwestern comer of Lot No. 3 as shown on said plan of lots: thence along the latter, South 37 degrees 29 minutes 47 seconds West, a distance of 585.00 feet to an iron pin; thence along Lot No. 1 on said plan. North 52 degrees 30 minute 13 seconds West, a distance of 150.00 feet to an iron pin at the southeastern corner of Lot No. 5 on said plan; thence along the latter. North 37 degrees 29 minute 47 seconds East, a distance of 5MOO feet to a Parker Kelon nail in said public road: thence in said road. South 52 degrees 30 minute 13 seconds East, a distance of 150.00 feet to a Parker Kalon nail In said road, the Place of BEGINNING, CONTAINING 2.01 acres and being deslgnaled Lot No. 4 as shown on said subdiylsion plan. HAVING THEREON ERECTED A DWELLING KNOWN AS 402 Nealy Road, Newville, Pennsylvania BEING THE SAME PREMISES which Ervin S. Nolt and Emma N. Nolt, by Deed dated 6/29/01 and recorded 7/9/01 in Cumberland County Deed Book 247, Page 1686, granted and conveyed unto Richard P. Jacoby. TO BE SOLD AS THE PROPERTY OF RICHARD P. JACOBY UNDER JUDGMENT NO. 2002-6122 CIVIL TERM PARCEL NO. 30-09-0513-022 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-6122 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, Plaintiff (s) From RICHARD P. JACOBY (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) 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 $64,285.52 L.L. $.50 Interest PER DIEM OF 11.63 FROM 1/1103 TO 12110/03 - $4,105.39 Atty's Comm % Due Prothy $1.00 Arty Paid $135.66 Other Costs LATE CHARGES AT $20.58 (1/03 TO 12/03) $226.38 - ESCROW DEFICIT $1,500.00 Plaintiff Paid Date: SEPTEMER 10, 2003 CURTIS R. LONG (Seal) Prothono &3c: ? tary O--',f - n ` .kee4.T? Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-41.78 Supreme Court ID No. 15700 WASHINGTON MUTUAL BANK, FA : Plaintiff : VS. RICHARD P. JACOBY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNT`.', PENNSYLVANIA NO. 02-6122 CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I hav deposited in thher.S a Mails rect copy Harrisburg, Pennsylvania on t 30 of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all 1ienholders of record by regular first class mail (Certificate of Mailing form in compliance awith lso U.S. to the Postal Form 3817 is attached hereto as evidence), and Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: Richard P. Jacoby 402 Nealy Road Newville, PA 17421 Citifinancial, Inc. 244 South Fayette Street Shippensburg, PA 17257 DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 Norman Yoffe, Esquire 214 Senate Avenue, Suite Camp Hill, PA 17011 203 Richard Jacoby p,O, Box 933 Carlisle, PA 17013-0933 By PU G & HALLER , A orneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-41'18 JOHN W.PURCELL HOWARD B. KRUG LEON P. HALLER JOHN W.PURCELL IR. BRIAN J. TYLER JILL M. W INEKA NOTICE TO: LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2:392 JOSEPH NISSLEV (1910-1982) TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234-1206 ANTHONY ofY DISANTO DiSL HERSHEY 1099 GOVERNOR ROAD (717) 533-3836 Richard P. Jacoby 402 Nealy Road Newville, PA 17421 Citifinancial, Inc. 244 South Fayette Street Shippensburg, PA 17257 DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 Richard Jacoby P.O. BOX 933 Carlise,PA 17013-0933 Norman Yoffe, Esquire 214 Senate Avenue, suite 203 Camp Hill, PA 17011 NOTICE IS HEREBY GIVEN to the Defendants in the withinoactionlandd those parties who hold one or more mortgages, judgments 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 ed of opportunity to protect your interest, if any,,, b said Sheriff's Sale. By. Le on _r PA I.D.15 Attorney for Plaintiff WASHINGTON MUTUAL PlaAKF FA : IN THE intiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02-6122 RICHARD P. JACOBY CIVIL ACTION - LAW - Defendant IN MORTGAGE FORECLOSURE TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, DECEMBER 10, 2003 TIME:10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania _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: 402 NEALY ROAD, NEWVILLE, PA 17421 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 02-6122-CIVIL THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: RICHARD P. JACOBY 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. 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 IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. 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 at gssly petitionoMUST BEaFILEDtBEFORE price THE SHERIFF'S DEED proper cause. or for other 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 tionvil Division, of presentation of the petitin the within County Courthouse, before a 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 tract of land and the improvements thereon situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a Subdivision Plan for Larry E. Foote, Sr. and H. David Miller, Jr., recorded in Cumberland County Plan Book 63, Page 19, as follows: BEGINNING at a Parker Kalon nail in Nealy Road (Township Road No. 7-353), at the northwestern comer of Lot No. 3 as shown on said plan of lots; thence along the latter, South 37 degrees 29 minutes 47 seconds West, a distance of 585.00 feet to an iron pin: thence along Lot No.1 on said plan, North 52 degrees 30 minute 13 seconds West, a distance of 150.00 feet to an iron pin at the southeastern corner of Lot No. 5 on said plan; thence along the latter, North 37 degrees 29 minute 47 seconds East. a distance of 585.00 feet to a Parker Kalon nail in said public road; thence in said road, South 52 degrees 30 minute 13 seconds East, a distance of 150.00 feet to a Parker Kalon nail In said road, the Place of BEGINNING, CONTAINING 2.01 acres and being designated Lot No. 4 as shown on said subdivision plan. HAVING THEREON ERECTED A DWELLING KNOWN AS 902 Nealy Road, Newville, Pennsylvania BEING THE SAME PREMISES which Ervin S. Nolt and Emma N. Nolt, by Deed dated 6/29/01 and and conveyed unto Richard P. Jacoby. Book 297, Page age 1 16686, granted TO BE SOLD AS THE PROPERTY OF RICHARD P. JACOBY UNDER JUDGMENT NO. 2002-6122 CIVIL TERM PARCEL N0. 30-09-0513-022 71&0 3901 9848 0773 6946 M: RICHARD JACOBY P.O. BOX 933 CARLISLE, PA 17013-0933 SENDER: REFERENCE: RETURN Postage RECEIPT Certifietl Fee SERVICE Total Postage & Fees US Postal Service Receipt for Certified Mail No Inearanoe Coverage Provided Do Not Use for International Mail -------------- ' ..-'..-. ', 2. Article Number '? NIIII iil?? ?4? 7160 3?1 'M4i D773 '; c 1?' 5. Servicetype C4RTIPIEI'! IL 4. Restricted Delivery? (Extra Fie) Yes 1. Article Addressed to: /y? RICHARD JACOBY P.O. BOX 933 CARLISLE, PA 17013-0933 or, 1:1 h ? Db?2G• , ------------- - --- ---------- d by (Please PAM Clearly) B. :074?L4. of Delivery 1 , D3 D ? Agent 1 ? Addressee t a ? vea i v ? Na C s nerurn necelpt Re: WAMU/JACOBY, RICHARD ALiHE?di`?SALE 12/10/03 0U/MPjr(a Aj Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to Richard P. Jacoby 402 Nealy Road Newville, PA 17421 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Citifinancial, Inc. 244 South Fayette Street Shippensburg, PA 17257 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 Postage: Postmark: Postage: Postmark: Postage: Postmark: SAt yrn5 1 vC 3 $00-900 M IIEDfW?f it !iC DC' !I Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Postmark: Norman Yoffe, Esquire 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Postmark: Richard P. Jacoby P.O. Box 933 Carlisle, PA 17013-0933 SPIES PO,`.%T IE?. 05 9n . Z { ? tF 7 v v 00 ?111F f)F?A- 2fP????, ? E. r- ^ 'C c? < s . . ?, Yr ..? {T:. r r f ZO ? r ? '? . w C Y ?? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I 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 Washington Mutual Bank FA is the grantee the same having been sold to said grantee on the 10th day of Dec A.D., 2003, under and by virtue of a writ Execution issued on the 10th day of Seat, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 6122, at the suit of Washington Mutual Bank F A against Richard P Jacoby is duly recorded in Sheriff's Deed Book No. 261, Page 2805. IN TESTIMONY WHEREOF, I have hereunto set my hand 77- and seal of said office this C? day of A.D2004 Recorder of Deeds Washington Mutual Bank FA VS Richard P. Jacoby In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-6122 Civil Term 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: Richard P. Jacoby, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sheriffs Sale and Description as NOT FOUND as to the defendant, Richard P. Jacoby, House at given address is vacant and the post office has no forwarding address for the defendant. Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2003 at 2:46 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 Richard P. Jacoby located at 402 Nealy Road, Newville, Pennsylvania, according to law. 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 December 10, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon P. Haller for Washington Mutual Bank, FA. It being the highest bid and best price received for the same, Washington Mutual Bank, FA of P.O. Box 1169, Dept 2665, Milwaukee, WI 53201, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $774.25, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 15.18 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 19.32 Levy 15.00 Surcharge 20.00 Law Journal 284.00 Patriot News 225.85 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 774.25 Sworn and subscribed to before me So Answers: This y' day of R J R. Thomas Kline, Sheriff 2004, A.D.,j(? , tQacq r thonotary BYC d Real Estat eputy ad`' 3 Pb 5v I'll C?e y3v7 6L. f`f73-2a 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 October and the 4th and 11th day(s) of November 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 S A L E #50 REAL ESTATE SALE No. 50, Writ No. 2002-6122 Civil Term Washington Mutual Bank FA vs Richard P. Jacoby Atty: Leon P. Haller DESCRIPTION ALL that certain tract of land and the improvemens thereon situate in North Newton Township, Cumberland Cuunty, Pennsylvania, bounded and described pursuant to a Subdivision Plan for Larry E. Foote, Sr. and H. David Miller, Jr., recorded in Cumberland County Plan Book 63, rage 19, as follows: BEGINNING at a Parker Kalon nail in Nealy road (Township Road No. T-353), at the northwestern comer of Lot No. 3 as shown on said plan of lots; thence along the latter, South 37 degrees 29 minutes 47 seconds West, a distance of 585.00 feet to an iron pin; thence long Lot No. I on said plan, North 52 degrees 30 minutes 13 seconds West, a distance of 150.00 feet to an iron ,? .........?'?1 ............. . ...... ..... Ivor to his 19th day f Nov r 2003 A.D. Notarial Seal Terry L. Russell, Notary Public / City of Harrisburg, Dauphin C n G' My commission Expires June 6,2 NO ARY PUBLIC Member, Pennsylvania Association Of Notaries My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 225.85 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. pin at the southeastern comer of Lot No. 5 on said plan; thence along the latter, North 37 degrees 29 minutes 47 seconds East, a distance of 585.00 feet to a Parker Kalon nail in said public road; thence in said road, South 52 degrees 30 minutes 13 seconds East, a distance of 150.00 feet to a Parker Kalon nail in said road, the Place of BEGINNING. CONTAINING 2.01 acres and being designated Lot No. 4 as shown on said subdivision plan. HAVING THEREON erected a dwelling known as 402 Nealy road, Newville, Pennsylvania. BEING THE SAME prenises which Ervin S. Nolt and Emma N. Nolt, by Deed dated 6/29/01 and record 7/9/01 in Cumberland County Deed Book 247, Page 1686, granted and conveyed unto Richard P. Jacoby. TO BE SOLD as the property of Richard P. Jacoby under Judgment No. 2002-6122 Civil Term. PARCEL NO.: 30-.09-0513-022. By. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND ; 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: OCTOBER 17, 24, 31, 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. 50 Writ No. 2002-6122 Civil F I Washington Mutual Bank. FA vs. L' Marie Coyne, Richard P. Jacoby -7 Atty.: Leon P. Haller S LEGAL DESCRIPTION WOR TO AND SUBSCRIBED before me this ALL that certain tract of land and 31 day of OCTOBER, 2003 the improvements thereon situate in North Newton Township, Cum- berland County, Pennsylvania , bounded and described pursuant to a Subdivision Plan for Larry E. Foote . Sr. and H. David Miller, Jr., re- corded in Cumberland C NOTA AL SEAL ounty Plan Book 63, Page 19, as follows: LOIS E. SNYDER, Notary Public BEGINNING at a' Parker Kalon Carlisle Boro, Cumberland County nail in Nealy Road (Township Road My Commission Expires March 5, 2005 No. T-353), at the northwestern corner of Lot No. 3 as shown on said plan of lots; thence along the latter. South 37 degrees 29 minutes 47 seconds West, a distance of 585- .00 feet to an iron pin; thence along Lot No. 1 on said plan, North 52 degrees 30 minute 13 seconds West, a distance of 150.00 feet to an iron pin at the southeastern cor- ner of Lot No. 5 on said plan; thence along the latter, North 37 degrees 29 minute 47 seconds East, a dis- tance of 585.00 feet to a Parker Kalon nail in said public road; thence in said road. South 52 degrees 30 minute 13 seconds East, a distance of 150.00 feet to a Parker Kalon nail in said road, the Place of BEGIN- NING. CONTAINING 2.01 acres and being designated Lot No. 4 as shown on said subdivision plan. HAVING THEREON ERECTED A DWELLING KNOWN AS 402 Nealy Road, Newville, Pennsylvania. BEING THE SAME PREMISES which Ervin S. Nolt and Emma N. Nolt, by Deed dated 6/29/01 and recorded 7/9/01 in Cumberland County Deed Book 247, Page 1686, granted and conveyed unto Richard P. Jacoby. TO BE SOLD AS THE PROP- ERTY OF RICHARD P. JACOBY UNDER JUDGMENT NO. 2002- 6122 CIVIL TERM. PARCEL NO. 30-09-0513-022.