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Home My WebLink About01-06233 > " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Ii IADAMS COUNTY NATIONAL BANK, lsuccessor by merger to Farmers National Bank, Plaintiff, No 200l-l,.;UJ C<.>~t <-z-~ vs, Action in Mortgage Foreclosure Matthew J, Eavy, Defendant. To: Matthew 1. Eavy, Defendant 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 this 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 . udgment may be entered against you by the court without further notice for any money claimed in the complaint or 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone Number: 717-249-3166 A VISO , USTED HA smo DEMANDADO EN LA CORTE. Si usted desea defendersee de las quejas ;expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) was a partir de la fecha en que Irecibi6 la demanda y el aviso, Usted debe presentar comparecencia escrita en persona 0 por abogado y presentar !en la Corte por escrito sus defensas 0 sus objeciones alas demandas en su contra, i Se Ie avisa que si no se defiende, el case puede proceder sin usted y la Corte puede decidir en su contra II isin mas aviso 0 notificaci6n por cualquier dinero reclamado en al demanda 0 pur cualquier otra queja 0 ! Ilcompensaci6n reclamados por el Demandante, USTED PUEDE PERDER DINERO, 0 PROPIEDADES U ,.oTROS DERECHOS IMPORTANTES PARA USTED, " I" LLEVB ESTADEMANDA A UN ABOGADO 1NMEDIATAMENTE, SI USTED NO TIENE 0 NO I iCONOCE UN ABOGADO, VA Y A 0 LLAME A LA OFlCINA EN LA DIRECCION ESCRIT A ABAJO I PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone Number: 717-249-3166 "'''"'''"",P.,--." "",,"'_.. j -,.":'''' "" '.-.'.". ":1- ,. 'i,'._ ,_>' -q-,,-- , !i II Ii ,I ! 'IADAMS COUNTY NATIONAL BANK, ,successor by merger to Farmers National Bank, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA cML ACTION - LAW No. Ol-(p ~ ~-o~C cl~ vs, Action in Mortgage Foreclosure Matthew J, Eavy, Defendant. COMPLAINT ANDNOW,this~dayof ()~ , 2001, comes the Plaintiff, Adams County National Bank, by its attorneys, Puhl, Eastman & Thrasher, who brings this action in mortgage foreclosure against Matthew J. Eavy, Defendant, whereof the following is a statement: 1, The Plaintiff is Adams County National Bank, successor by merger to Farmers National Bank, Mortgagee, a national banking corporation organized and existing under the I I 'ilaws of Congress relating to national banks, with its main office at 16 Lincoln Square, Adams ICounty, Gettysburg, Pennsylvania 17325. 2. Defendant, Matthew J. Eavy, is an adult individual who resides at 3 Parsonage Street, Newville, P A /7241. 3, Defendant is not in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments, I ,,_~-,."'-~T'~_'f- 5. On March 29, 1999, the Defendant executed and delivered a mortgage upon real estate hereinafter described to Plaintiff as Mortgagee, which mortgage is recorded in the I I ioffice of the Recorder of Deeds of Cumberland County, Pennsylvania in Record Book 1541 i ,at page 14, a copy of said mortgage being attached hereto and marked Exhibit "A." 6, Said mortgage has not been assigned, 7. The real estate is described as follows: ALL those three tracts ofIand situate in Cumberland County, Pennsylvania, bounded and described as follows: Tract No.1: North Ward of Borough of Newville ON the South by Parsonage Street, on the West by lot now or formerly of Raymond Maxwell, et ux, on the North by Church Alley, and on the East now or formerly of the Piper Heirs. CONTAINING 34 feet on Parsonage Street, more or less, and having an even width to a depth of 180 feet to Church Alley. BEING the same real estate which Richard R. Brown, Keith 1. Brown and Genevieve B. Reid, Executors of the Last Will and Testament of Ruth H. Brown, by deed dated August 30, 1994 and recorded in the office of the Recorder of Deeds in and for Cumberland cOUl1ty in Deed Book 111 at page 121, granted and conveyed to Matthew J. Eavy, married man. Tract No.2: Borough ofNewviUe, known as part of Lot No. 33 in the Plan of said Borough. ON the South by Main Street; on the North by Cove Alley, on the West by Lot No. 32 now or formerly owned by Charles Koons; and on the East by another portion of Lot No, 33 now or formerly owned by K. P. Smith, CONTAINING thirty-five (35) feet and six (6) inches in front on Main Street; and one hundred (180) feet in depth to the alley, by the same in width and depth, more or less. BEING the same real estate which John F. Oiler and Shirley A. Oiler, husband and wife, by deed dated November 16,1995 and recorded in the 2 , office ofthe Recorder of Deeds in and for cwnberland County in Deed Book 131 at page 598, granted and conveyed to James A. Mackey and Vera K. Mackey, husband and wife. AND BEING the same real estate which James A. Mackey and Vera K. Mackey, husband and wife, by deed dated June 11, 1998 and recorded in the office of the Recorder of Deeds in and for cwnberland County in Deed Book 179 at page 657, grartted and conveyed to Matthew J. Eavy, married man. Tract No.3: Borough of Newville BEGINNING at the intersection of Liberty Alley and Big Spring Avenue (formerly Railroad Street); thence by said Big Spring Avenue (formerly Railroad Street), Southward 59 feet 8 inches to the line of Bethel Church lot owned now or formerly by the First Church of God of Newville, Pennsylvania; thence by the line of said church lot, Westward 68 feet to Liberty Alley aforesaid; thence by said Liberty Alley, Eastward 91 feet 2 inches to the place of BEGINNING. KNOWN and nwnbered as No. 51 Big Spring Avenue, BEING the same real estate which Gerald E. Alleman and Karen S. Alleman, husband and wife, by deed dated August 31, 1990 and recorded in the Office of the Recorder of Deeds in and for Cwnberland County in Deed Book T-34 at page 333, granted and conveyed to Douglas R. Heineman and Jo Ann Heineman, husband and wife. AND BEING the same real estate which Douglas R. Heineman and Jo Ann Heineman, husband and wife, by deed dated March 29, 1999 and recorded in the office of the Recorder of Deeds in and for cwnberland County in Record Book _ at page ---' granted and conveyed to Matthew J. Eavy, married man, 8, The said mortgage is in default in that the monthly payments of principal and interest amounting to $1,774.36, which have become due and payable on June 29, 2001, and on the 29th day of each month thereafter have not been made, and by the terms of said 3 -,%. -~ '-' - - '- --,,,, ,_.". '.--, '%:A'f",<w,_c___ Ii . mortgage upon default in such monthly payments, the whole ofthe said mortgage debt and interest shall, at the option of the Plaintiff, become due and payable forthwith. 9, The present owner of the real estate is the Defendant. 10. The amount due the mortgagee on the mortgage is computed as follows: (a) Balance of principal $206,642.00 7,236.15 619.76 (b) Interest from 5/30/01 to 10/19/01 (c) Late charges (d) Attorney's conimissions 10.693.91 TOTAL $225,191.82 11. In accordance with provisions of Act 91 of 1983 and Act 6 of 1974, as amended, Plaintiff has sent to Defendant Notice of Homeowners ' Emergency Mortgage Assistance and Notice of Intention to Foreclose prior to the commencement of the within proceedings. Copies of said Notices and mailing receipts are attached hereto and marked Exhibits "B" through "E," respectively. WHEREFORE, Plaintiff demands judgment against the Defendant in the sum of $225,191.82, plus interest from October 20,2001, at a per diem of $50.46, and any additional late charges and costs of suit. Respectfully submitted: PURL, EASTMAN ~ rnrSHER BY:_~ t ~ Richard E, Thrasher, Esquire Attorney for Plaintiff 220 Baltimore Street Gettysburg, P A 17325 (717) 334-2159 4 II I: I COMMONWEALTH OF PENNSYL VANIA COUNTY OF ADAMS. John W. Krichten, being duly sworn according to law, does depose and say that he is the Senior Vice President of Adams County National Bank, and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. Sworn to and subscribed before me this~~~yofl?~ , 2001. i P~A1 LI)~ Notary Public My Commission expires: . ...........""'.."""-,...<01 NOT t,S~!At Sl')\ L PAMELA H. WEAVEii, NOTary Fub". Gettysburg Bore. Adams County My Commission expires March 24, 2003 ',""'111'_":"",_""",_,",__,___,,, i I I I I I I I I I I I .-. .- -"'-"'- . ,~ '- 5 , - --, . ~ ,," -- ."""-"'I'-.r'-:',,, l' - " ", - ~'" .., .. - " ,- '--' ..'1- -- ,k, '''''''1\,'1':'., \--, , ,.,.' 9-'," ':;~ ROBERT r. ZIEGi..ER RECORDER OF DEEDS CUMBEI\LAND COUNTY-PA '991'1ijY 11 Pl'I ~ 09 [Space Above This Line For Recording Data] MORTGAGE THIS MORTGAGE ("Security InstrumenQ is given on ....~~xRh..?~.(....................:.................................. , 19 . .~.Q:. . The mortgagor is ..... ... ....~.~~~ ..~.W..~.a.,..~.~~X................. .... ............ .,... ... ....... ...... .............. ..... .............................;............." ("Borrower"). This Security Instrument is given to :r..f\~r::IER~. .l.'l.~:J;'~Q~.~H............... ....... ..BANK.Q~. .N.emr.il.l.e.,...PA... ........ ,...... ............ ..... .... ..... ........... ,whi~h is organ~zed and existing under the laws of ...Penns.yl:v.ania............................ ,and whose address is .1..Y1~Rt...:e.l,.g..S.p.:r;),:ml.................... ....... ..Ay.eoue.,.. .N.ewy.il.l.e.,. ..EA. ..17.2.41...... ....... .......... .......... ("Lender"). Borrower owes Lender the principal sum uf ,~~,.T,WO, ,IlUNDREI1':TWi':r;VE::THOU.SAND, ,THREE. HDNDR.ED~~",,~,~~~,,',~~~,,',~,~~~,.~,~~~,. Dullars (U.S. $ .2:1.2,..30.0 a OQ. This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note'), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on . Mar.cA. 29.,. .2.024..... ....... ...... . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Not~. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in ................ ........ .New.ville. .Bp'rOUq-b.,...Cwnber.laJld.. ...... ... ........... ......~............. ...... County, Pennsylvania: See ~xhibit A, attabhed hereto and incorporated by reference herein as though set forth in fulla (1) 51 West Big Spring Avenue (1) Newville (2) 3 Parsonage street (2) Newville (3) 21 East Main street (3) Newville which has the address of . ...'......... ........ ..... ... ... ..... ..... ... .................... .......... ,. ..... ........ ............. ... ........, [street) (Cily) Pennsylvania... ..1.7.~~J............. ("Property Address,'); [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures 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 seised ofthe 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, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform convenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instru'ment covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, asum("Funds'') for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood ins,\-!rance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at.any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 V.S.C. ~ 2601 et seq. ("RESPA'), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bartk. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 (9/90) (page J of 4 pages) BQod541 PAGE . 14 BXHmrr A'~ ,A,I!!I!Q~1I!l'II "~F'l".,...."" "O~~"""'"~"I!'rri'r'''''! i""" ~ '1.'"'!""'1"'" ~ ~ ~ c~. Borrower to pay a one~time chiuge for an independent real e;tate tax reporting service used by Lender in ccmnection with this loan unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be r;quired to pay Borrower any irlte~est or earnings on the Funds. Borrower and Lender may agree in writing, however. that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which tach debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amaunts permitted ta be held by applicable law, Lender shall accaunt ta Barrawer far the excess Funds in accardance with the requirements 'Of applicable law. If the amaunt 'Of the Funds held by Lender at any time is nat sufficient ta pay the Escraw Items when due, Lender may sa natify Borrawer in writing, and, in such case, Borrawer shall pay ta Lender the'amaunt necessary ta make up the deficiency. Barrawer shall make up the deficiency in na mare than twelve monthly payments, at Lender's sale discretian. Upan payment in full 'Of all sums secured by this Security Instrument, Lender shall promptly refund ta Barrawer any Funds held by Lender. If, under paragraph 21, Lender shall acquire 'Or sell the Praperty, Lender, priorta the acquisitian 'Or sale 'Of the Praperty, shall apply any Funds held by Lender at the time 'Of acquisitian 'Or sale as a credit against the sums secured by this Security Instrument. 3. Application oCpayments. Unless applicable law pravides 'Otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, ta any prepayment charges due under the Nate; secand, ta amaunts payable under paragraph 2; third, ta interest- due; fourth, ta principal due; and last, ta any late charges due under the Note. 4. Charges; Liens. Barrawer shall pay all taxes, assessments, charges, fines and impasitians attributable ta the Praperty which may attain priarity aver this Security Instrument, and leasehold payments 'Or gr'Ound rents, if any. Barrawer shall pay these 'Obligatians in the manner provided in paragraph 2, 'Or if nat paid in that manner, B'Orrawer shall pay them '01). time directly ta the persan awed payment. Barrower shall promptly furnish ta Lender all natices 'Of amaunts ta be paid under this paragraph. If Barrower makes these payments directly, Barrawer shall promptly furnish ta Lender receipts evidencing the payments. Barrower shall promptly discharge any lien which has priarity aver this Security Instrument unless Barrower: (a) agrees in writing ta the payment 'Of the abligatian secured by the lien in a manner acceptable ta Lender; (b) cantests in gaad faith the lien by, 'Or defends against enfarcement Dfthe lien in, legal praceedings which in the Lender's apinian 'Operate ta prevent the enfarcement afthe lien; 'Or (c) secures fram the halder 'Of the lien an agreement satisfactory ta Lender subardinating the lien ta this Security Instrument. If Lender determines that any part of the Praperty is subject ta a lien which may attain priarity aver this Securi'ty Instrument, Lender may give Barrawer a natice identifying the lien. Barrawer shall satisfy the lief.l 'Or take 'One 'Or mare 'Of the actions set farth abave within 10 days 'Of the giving 'Of natice. 5. Hazard or Property Insurance. BarrDwer shall keep the impravements naw existing 'Or hereafter erected on the Praperty insured against lass by fire, hazards included within the term "extended caverage" and any ather hazards, including flaads Dr flaading, far which Lender requires insurance. This insurance shall be maintained in the amaunts and for the periads that Lender requires. The insurance carrier praviding the insurance shall be chasen by Borrawer subject ta Lender's-appraval which shall nat be unreasanably withheld. If Barrower fails ta maintain caverage described abave, Lender may, at Lender's aptian, obtain coverage ta pratect Lender's rights in the Praperty in accordance with paragraph 7. All insurance palicies and renewals shall be acceptable ta Lender and shall include a standard martgage clause. Lender shall have the right ta hald the palicies and renewals. If Lender requires, Barrawer shall pramptly give ta Lender all receipts 'Of paid premiums and renewal notices. In the event ofloss, Barrawer shall give prompt notice ta the insurance carrier and Lender. Lender may make proof aflass ifnat made pramptly by Barrawer. Unless Lender and Borrawer 'Otherwise agree in writing, insurance praceeds shall be applied ta restaratian 'Or repair 'Of the Praperty damaged, if the restarlLtian 'Or repair is ecanamically feasible and Lender's security is nat lessened. If the restoratian 'Or repair is nat ecanamically feasible or Lender's security would be lessened, the insurance praceeds shall be applied ta the sums secured by this Security Instrument, whether 'Or nat then due, with any excess paid ta Borrawer. If Barrawer abandons the Praperty, or daes not answer within 30 days a natice from Lender that the insurance carrier has 'Offered ta settle a claim, then Lender may callect the insurance proceeds. Lender may use the praceeds to repair 'Or restare the Property 'Or to pay sums secured by this Security Instrument, whether 'Or nat then due. The 30-day periad will begin when the natice is given. Unless Lender and Barrawer 'Otherwise agree in writing, any applicatian 'Of proceeds ta principal shall nat extend 'Or pastpane the due date 'Of the monthly payments referred ta in paragraphs 1 and 2 'Or change the amaunt 'Of the payments. If under paragraph 21 the Praperty is acquired by Lender, Barrower's right to any insurance palicies and proceeds resulting from damage ta the Praperty priar ta the acquisition shall pass to Lender ta the extent 'Of the sums secured by this Security Instrument immediately priar ta the acquisitian. 6. Occupancy, Pre!iervation, Maintenance and Pratection 'Of the Property; Bonower's Loan Application; Leaseholds. Barrawer shall 'Occupy, establish, and ose the Praperty as Barrawer's principal residence within sixty days after the executian of this Security Instrument and shall cantinue to 'Occupy the Property as Barrawer's principal residence for at least 'One year after the date 'Of 'Occupancy, unless Lender 'Otherwise agrees in writing, which cansent shall nat be -unreasanablywithheld, 'Or unless extenuating circumstances exist which are beyand Barrower's contral. BOITawer shall nat destray, damage 'Or impair the Praperty, allaw the Praperty ta deteriorate, or cammit waste on the Praperty. Barrawer shall be in default if any forfeiture actian 'Or proceeding, whether civil arcriminal. is begun that in Lender's goad faith judgment cauld result in farfeiture 'Of the Praperty 'Or 'Otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrawer may cure such a default and reinstate, as provided in paragraph 18, by causing the actian 'Or proceeding ta be dismissed with a ruling that, in Lender's gaad faith determinatian, precludes forfeiture 'Of the Barrawer's interest in the Praperty 'Or ather material impairment 'Of the lien- created by this Security Instruihent 'Or Lender's security inteEest Borrawer shall also be in default if Barrower, during the loan applicatian pracess, gave materially false 'Or inaccurate infarmatian 'Or statements ta Lender ('Or failed ta pravide Lender with any mat~rial infarmatian) in cannectian with the laan evidenced by the Nate, including, but nat limited ta, representatians cancertling Barrawer's accullancy 'Of the Praperty as a principal residence. If this Security Instrument is an a leasehald, Barrawer shall camply with all the provisians 'Of the lease. If Borrower acquires fee title ta the Praperty, the leasehald and the fee title shall nat merge unless Lender agrees ta the merger in writing. 7. Protection 'Of Lender's Rightsin the Property. IfBarrawer fails to perfarm the cavenants and agreements contained in this Security Instrument, or there is a legal praceeding that may significantly affect Lender's rights in the Property (s~ch as a praceeding in bankruptcy, prabate, far candemnatian 'Or forfeiture 'Or ta enfarce laws 'Or regulatians)~ then Lender may da and pay far whatever is necessary to protect the value 'Of the: Praperty and Lender's rights in the Praperty. Lender's actions may include paying any sums secured by a lien which has priarity aver' this Security Instrument, appearing in caurt, paying reasanable attarneys'fees and entering an the Praperty ta make repairs. Althaugb Lender may take actian under this paragraph 7, Lender daes nat have t'O do sa. Any amaunts disbursed by Lender under this paragrap~ 7, :rall bef,Qm~ a44jlianal debt 'Of Barrawer secured by this Security Instrument. Unless Barrower and Lender agree ta ather.terms M ~aym.ent~thesefamb\fhts shall bear interest fram the date 'Of disbursement at the Nate rate and shall be payable, with interest, upon natice fram Lender ta Bo'rrower requesting payment. 8. Martgage Insnrllnce. If Lender required martgage insuranCe as a condition ofinaking the laan secured by this Security Instrument, Barrower shall pay the: premiums required ta maintain ~he martgage insurance; irL'effect. If, far any'reasan, the mortgage insurance caverage required by Lender lapses ar ceases ta be in effect, Barrawer shall pay the;premiums required ta 'Obtain caverage substantially equivalent to the martgage insurance previausly in effect, at a cast substantially eqlJlvalent ta the cast ta BDrrower of the martgage Form 3039 9/90 (page 2 of 4 pages) Bood54t PAG. : 15 -~ c,,~ ~~!ffl-j~.IWi~f~R~Ii4i~~'~fil!l!l!illmtff~!lllI~ffiIf'R~)I!W'~'~~~%~!lilo\~l'fM"lli<~I!!W",'1Wiir'I".'I'i ~,--""",,, -,' '. " ~i , '''-'-'''i'-' "'-"--1;~"'fffil:Q~1!'~~"W'i'Wli~!!fiif'JF'fil!!'ji''!W!~~I~t~,A~",~.:J~si il ~"J.:~,~,}~,'~<<~I'!&~,;".{('j<'!"i', ".<i!'~~~~Wt,t>~~~!~,'j.,:\>-". insurance previously in effect, from h .ternate mortgage i~sJ1rer appr~ved by. Len(" 'If sub~tantiallY equivalent mortgage insurance coverage is not av'ailable, B8'rrower shall pay to Lender each ".!onth a sum equal to. one':tWdfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed" or ceased to. be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no. longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) ptO'otided bY'S.ldnsurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage'insurance in effect, or to provide a loss reserve, until the requirement for mortgage P.t~~Q9e::WiiiiLiit':lWC.blilith any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lenderti0r;n$ ~i!i!Wt. .. Ma~~ma'tcfp..n Ie entries upon and inspections of the Property. Lender shall give Borrower , ' ~'U'f"UI1\"U~lffi"'" ''''IvID.' " notlce at the time of or rror 0 an mtll~~WJ;lfspe I I g asonable cause for the mspectton. 10. Condemnation. l!15"f~~fiiny: aware 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 lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount ofthe sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, 'Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in i'nterest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a-waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several -Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees tha\ 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 consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to. Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making adirect payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this 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 Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any 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. 15. 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 Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument 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. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold' or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further ~otice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a).5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of ajudgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrum~nt shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change olLoan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice,to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer') that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change oftbe Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. Form3039 (9/90) (page3of4pagey) . ""'~''''-'' ", ~-" -~,,-- J-'.mf1l!flll~II!'!Jil!l~""I!~'~'!'~'I""1r ~,_".........._ BoodS11 PAGE . 16 ~,~~ '"''1''''''' _....lIiih..,. , , 20. Hazardous Substances. Borrower shall not cause o'c permit"t1'le presence, use, disposal, storage. or release of any Hazardous Substances on orin the Property. Borrower'Shall not dp, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply 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 Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, oris notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental 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 radioactive materials. As used in this paragraph 20, "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: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration ofthe sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings 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 exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] o Adjustable Rate Rider 0 Condominium Rider 0 1-4 Family Rider o Graduated Payment Rider 0 Planned Unit Development Rider 0 Biweekly Payment Rider o Balloon Rider 0 Rate Improvement Rider 0 Second Home Rider o Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: ..nLz,.,JdL-{,.,.,..,...,..,. . ~~~.., ,.., ,.., '....~B~r\~::~: ,..........................,....,...... ,.........,... (Seal) -Borrower [Space Below This Line For Acknowledgment] COMMONWEALTH OF PENNSYLVANIA, Cumber land County ss: Onthis"the ?qt-h day of Mnr~h ,19~,beforeme, 'Qii'hnrn T Wo:>hhe:>r. "Tr the undersigned officer, personally appeared M1I.lJIlJIHRW' T R 11. uv. , known to me (or satisfactorjly pro~WJi:fbe the person(s) wh~e name(s) T g subscribed to the within instrument and acknowledged that hE'> '';~i..,,~,+,~\ ^}.'~:'~\; . executed the same for the purposes herein contained. <: -~4~~<?'hR:~~~:~~:~'. \ IN WITNESS WHEREOF, I hereunto set my hand and official seal. ,., ,\. ~."...-"f' t}l-'" ~1{1.;_~ My Commission expires: .,/'L . ~ - "';~( itf~:~F~\I, TARIAlSEAl IIlIIIlOL IlE8Il!R,JR, NOTARYP\JBUC IIlWVIUf.B1 QRG" CII~.B~RLAND COllNIY M . I bereby certify tbat the precise- dress of the wit In ortgagee n er is ';_~,' >~/~f,~,;;> Title of Officer ";:.:N;i~ {k -,~~_ .'(.:,;:... "r.' :. 1:;::;' Ria ~9 A;;_, Ne~f'1;\l1'PA17241 .............:::: - " t -?r '/'t.-f} E c~'" , " Title of Officer .Bood541rAGE . 17 Form 3039 (9/90) (page 4 of 4 pages) I ..'0. 1111 l~m , .,~< ,1!f,!jj"i1'ri'lil'i'}l!~,)1II~~_f~ :it:_ J~., .~~~JI?jr~'I;@H";"".'jWF'.H-j'tii~-11"P'"!'f,11n'2!U"?'~~'f~"I,'t'WRf!'!:~;!6."'WH!\'1'f1"'7\m;II~~~"~_.,'_~~~_Wl!. .'~~-' -. 0' . ," ,__"V'" '.', ,^;.- ,::;;:_}:"t ,,:tt,,~-~~,r ~.~!, ~T", ;';1'1'-,,; '. TRACT 1: ALL that certain tract of/and situated in the North Ward of the Borough of Newville, County of Cumberland, State of pennsylvania, bounded and described as follows: ON the South by Parsonage Street, on the West by lot now or formerly of Raymond Maxwell, et ux, on the North by Church Alley, and on the East now or formerly of the Piper Heirs. CONTAINING 34 feet on Parsonage Street, more or less, and having an even width to a depth of 180 feet to Church Alley. BEING THE SAME REAL ESTATE WIDCH RICHARD R. BROWN, KEITH L. BROWN and GENEVIEVE B. REID, Executors of the Last Will and Testament of RUTH H. BROWN, by deed dated August 30, 1994 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 111, Page 121, granted and conveyed to MATTIIEW J. EA VY, married man. TRACT 2: ALL that certain tract of ground situate in the Borough of Newville, County of Cumberland and State of Pennsylvania, known as part of Lot No. 33 in the Plan of said Borough and bounded and described as follows to wit together with the improvements thereon erected: ON the South by Main Street; on the North by Cove Alley, on the West by Lot No. 32 now or formerly owned by Charles Koons; and on the East by another portion of Lot No. 33 now or formerly owned by KP. Smith. CONTAINING thirty-five (35) feet and six (6) inches in front on Main Street; and one hundred eighty (180) feet in depth to the alley, by the same in width and depth, more or less. BEING THE SAME REAL ESTATE WIDCR JOHN F. OILER and SHIRLEY A. OILER., husband and wife, by deed dated November 16, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 131, Page 598, granted and conveyed to JAMES A. MACKEY and VERA K MACKEY, husband and wife. AND BEING THE SAME REAL ESTATE WIDCR JAMES A. MACKEY and VERA K MACKEY, husband and wife, by deed dated June 11, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 179, Page 657, granted and conveyed to MATTHEW J. EAVY, married man. Exhibit "A-I" Bood5'l1 PAG[ .. 18 ""B'F'llli,]r _,,,_,,_, _",c:', ,', , ,,_,_ ,.0_" "'_n')"_'_.." ,'_ __,y." _,', '''',~_~_~ ,~__ .' _,. _I_'~' _ ,_ _,. ,,__,1' ,,'~, ,,,"0" '1",".1 '" ,_r ,e, w .~ IInll!m"lill" TRACT 3: ALL that certain lot or parcel of ground, together with the improvements thereon, situate in the Borough ofNewvil1e, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the intersection of Liberty Alley and Big Spring Avenue (formerly Railroad Street); thence by said Big Spring Avenue (formerly Railroad Street), Southward fifty-nine (59) feet eight (8) inches to the line of Bethel Church lot owned now or formerly by the First Church of God of Newville, Pennsylvania, thence by the line of said church lot, Westward sixty-eight (68) feet to Liberty Alley aforesaid; thence by said Liberty Alley, Eastward ninety-one (91) feet Two (2) inches to the place of BEGINNING. KNOWN and numbered as No. 51 Big Spring Avenue. BEING THE SAME REAL.ESTATE WIDeR GERALD E. ALLEMAN and KAREN S. ALLEMAN, husband and wife, by deed dated August 31, 1990 and recorded in the Office of the Recorder of Deeds in and for Cumberland COUlity in Deed Book T-34, Page 333, granted and conveyed to DOUGLAS R. HEINEMAN and JO ANN HEINEMAN, husband and wife. AND BEING THE SAME REAL ESTATE WIDeR DOUGLAS R. HEINEMAN and JO ANN HEINEMAN, husband and wife, by deed dated March 29, 1999 and recorded immediately prior hereto in the Office of the Recorder of Deeds in and for Cumberland County, granted and conveyed to MATTHEW J. EAVY, married man. -.':~i:Ll:l>?"': Exhibit "A-2" Bood541 PAGE , 19 f'~",_",,~ _=.' .,~ _ '-' !]1...,"!."""'.-__, _ _ .r"'"",k!~ -""'>"'~". ,~~-i\ljIl!llWY~r;,W'1~I."'l!1l'\cW4"0(,,~,i'_"''''''~~i!IJf~l!!!l\J!\!\\1,,~!f!l~~~~~~!M'l.\m'~~'!h ~]~n~i ,~" ~ .' ',~ .,' ,; " I Date: Julv 19. 2001 ACT 91/6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour home is in default. and the lender intends to foreclose, Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mav be able to help to save vour home, This Notice explains how the program works, To see if HEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counseling Agencv, The name. address and phone number of Consumer Credit Counseling Agencies serving vour CounlY are listed at the end of this Notice. Ifvou have anv Questions. vou mav call the Pennsvlvania Housing Finance Agencv toll free at 1-800-342-2397, (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If yon have any qnestions, representatives at the Consnmer Credit Connseling agency may be able to help explain it. Yon may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGffiLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HlPOTECA. HOMEOWNER'S NAME(S): Matthew J. Eavv PROPTERY ADDRESS: 3 Parsonal!e Street. Newville. PA 17241 LOAN ACCOUNT NO.: 7456735 ORIGINAL LENDER: Farmers National Bank of NewviUe CURRENT LENDERISERVICER: Farmers National Bank of Newville HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGffiLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGffiLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGffiILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. :tfXRmrr B....~ "';<'!:T~;:;"",~, '","_" " ',,"_ ". ,~ I, " '. -'-,','!' . ~,-, - ~. " "~"';;_ M~, _*,'" ,_ ,'",,,, __~ _ TEMPORARY STAY OF FORECLOSURE - Under the Act, you aFe entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice, During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TIllS MEETING MUST OCCUR WITIDN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE, CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting, The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice, It is only necessary to schedule one face-to-face meetirig. Advise your lender immediatelv of your intentions, APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for fmancial assistance from the Homeowner's Emergency Mortgage Assistance Program, To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting, YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTII IN TillS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application, During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (Uyou have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it UP to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 3 Parsonage Street. 51 West Big Soring Avenue and 21 East Main Street. Borough of Newville. Cumberland County. PA IS SERIOUSLY IN DEFAULT because: A, YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Mouthlv oavments of $1.774.36 due for March. April. Mav and June 2001. plus past due charges of $88.72, Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: $7.186.16 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION(Do uot use if not aoolicable): u,W'''" 1il"IC _ {"'C' "- -"",., '~1 ' , ., ", ~--' ~ ,," .. . ,:-," " ~-~' . ~.-"~'~~" '..'~ >-~ HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30)oDA YS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 7.186,16 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments mnst be made either by cash. cashier's check. certified check or money order made payable and sent to: ADAMS COUNTY NATIONAL BANK P.O, Box 3129 Gettysburg. P A 17325 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. if full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose noon your mortgaged orooertv. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be reqnired to pay the reasonable attorney's fees that were actually incurred, np to $50.00, Howeyer, if legal proceedings are started against yon, yon will haye to pay all reasonable attorney's fees actually incurred by the lender eyen if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If yon cure the default within the THRTY (30) DAY oeriod. vou will not be required to Oay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage, RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you haye not cured the default within the THRITY (30) DAY period and foreclosure proceedings haye begun, vou still haye the right to cure the default and oreyent the sale at any time uo to one hour before the Sheriff's Sale. You may do so bv oaying the total amount then oast due. olus any late or other charges then due, reasonable attorney's fees and costs counected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by oerforming any other requirements under the mortgage, Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had neyer defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 3 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Farmers National Bank of Newville One Big Sorim! Avenue Newville. PA 17241 (717) 776-5312 (717) 776-4855 Carolvn H. Kough Phone Number: Fax Number: Contact Person: EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to liye in the property after the Sheriff's Sale, a lawsuit to remoye yoti and your furnishings and other belongings could be started by the lender at any time, ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied, "'1""~~ -"C"""__'A~,".,,,u-, '"I" ,. ;:;'''--;;',l;'',{- ~,~ q~ ","' = =, ~. u YOU MAY ALSO HA VE'THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW, CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES ADAMS COUNTY American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 637-3294 Consumer Credit Counseling Service of Western P A 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 (717) 541-4670 Financial Counseling Services of Franklin 31 West 3" Street Waynesboro, PA 17268 (717) 762-3285 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, P A 17325 717) 334-1518 FAX (717) 334-8326 YORK COUNTY American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 637-3294 Consumer Credit Counseling Service of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 (717) 541-4670 Housing Council of York 116 North George Street York, PA 17401 (717) 854-1541 FAX (717) 845-7934 Consumer Credit Counseling Service of Western P A 970 South George Street York, PA 17403 (717) 846-4176 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western P A Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3" Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 YWCA of Carlisle Urban League of Metropolitan Harrisburg 301 G Street 25 North Front Street Carlisle, PA 17013 Harrisburg, PA 17101 (717) 243-3818 (717) 234-5925 FAX (717) 243-3948 FAX (717) 232-4985 'Copies also mailed to 51 W. Big Spring Avenue & 21 East Main Street, Newville, PA 17241 'Copies also mailed first class mail ""'''-~--., ~~" ~.~,.,.. - , , .< I' - .[ .." nJ CJ CJ IT' nJ .Jl '" :r- Postage $ Certified Fee .-'l CJ CJ CJ Return Rece1pt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) CJ CJ :r- m Total Postage & Fees $ Eavy .34 2.10 I. 50 3.94 N~~e (please Print Clearfy).1to be completed by mailer) Matthew J. !<:avy m__ 0- .Stree't;ApI-No.;"o-,."PO"Sox"No.------------------------ ~ 3 Parsonage Street ____ I"- .ciiy,-stare,-zip+4--------------------------------------- Newville, PA 1724 I . Com lete Items 1, 2, and 3, Alsoccmpiete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space pennits. 1. Article Addressed to: Matthew J. Eavy 3 Parsonage Street Newville, PA 17241 x o Agent o Addressee DYes ONo D. Is delivery address different from i 1? \f YES, enter delivery address be ow: 3. Service Type [JCertified Mail 0 Express Mail o Registered !O Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery'? (Extra Fee) 0 Yes 2. Article Number (Copy from service /abe~ 7099 3400 0001 4862 9002 PS Form $811 , July 1999 ? 102595-99-M-1789 Domestic Return Receipt "")"1''''''G-~"'~.'>!'_ ~ ., ,,_ , I ""I~r"'":~. + mrnmrr C ' - ~~"""'" .1 '''''~~4'111,,,, "'~,.,. BXmBIT 'I f' .,. ~ > fTl- fTl c:J [I"" ru ...Jl ... ;;r J. Postage $ Certlfied Fee 2.10 Return Receipt Fee 1.50 (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ 3.94 .-'l c:J c:J c:J 1::1 c:J ;;r fTl Name (Pleif;lse Print Clearly) (to be completed by mailer) nn~"t:EI1_"",___~_~___F;<i_V)'___n______mn_________________ St2t)Apk~~;t'~:i::O' St reet mm__ -Ci~~~rtl~-:._-;~n---_;;;4-;---__n---n---_---m---n__n____---n__- [I"" [I"" c:J r- D , ~ iilillil%, < "'<'"";"'_', ,-~ ~" '1" ,~ . ;::r ...JI o IT' J. Eavy Postage $ .34 Certified Fee 2.10 Return Receipt Fee J. 50 (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ 3.94 ru ...JI cO ;::r r'I o o o CJ CJ ;::r ,." IT' IT' o r'- Name (please Print Clearly) (to be completed by mailer) __l>l"I:_!:I1_""'m,L'mF:ily'Y_____mmm Street, Apt. No.; or PO Box No. Huunnm__ mnnmmnmmm 51 West Big Spring Avenue -W~~izm--:"'~~------i-;:24--i-m-.mm----mmmm ---------------- mnBrr E' -- ,-, ~..~~= -, < ~',o.<-~' ",,-~<l;>".~;''''>-<^<:'''-''''''} , () ,::) 0 ~,~; " 0 :;:J " -l hi ~ (J 14 -I.Q w ~ (-" ~~ ~ -t- .--'~' Crt <n C) -'c. ~ . - w G -- '\) Cr) "- ........... CJ-; ~ "- ~ \;/ ()") -< ~ \ I ~ ;;U VI ~ r t ~ "--L., 9 c::> -~::-,; 0 .ur " , -< ::-'-.~ (..::.... ~ "'" -.:.;:' ~. ~ ,;;0- 0', ::0 -c _~,,_ , "_" _ _. .",-J~j~~,.....,~~~!~HiM~lIl{~r~'11!!UUl~~~~~"~~~~( L SHERIFF'S RETURN - REGULAR CASE NO: 2001-06233 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ADAMS COUNTY NATIONAL BANK VS EAVY MATTHEW J DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon EAVY MATTHEW J the DEFENDANT , at 1418:00 HOURS, on the 1st day of November, 2001 at 3 PARSONAGE STREET NEWVILLE, PA 17241 by handing to DEWAN EAVY, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.15 .00 10.00 .00 35.15 r~~~~~'4' R. Thomas Kline Sworn and Subscribed to before 11/02/2001 ADAMS COUNTY NATIONAL BANK By: /) I/! L.t/~ CU.-- Deputy Sheriff me this 9 fl2 day of !u.HHAAJU" 2cv( A.D. ~.- t2~ - r thonotary , ~ ,"',-~.--~.,..,..-" ,~..Mffl- r C' ~~ " ~ ~ .-"'" -r-~ y- !1 , I: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVll, ACTION - LAW ADAMS COUNTY NATIONAL BANK, Plaintiff NO. 2001-6233 Civil Term v, Matthew J. Eavy, Action in Mortgage Foreclosure Defendant. PRAECIPE To The Prothonotary: Enter judgment against Matthew J. Eavy, the Defendant above named, for failure to plead to Plaintiff's complaint and assess damages at $225,191.82, plus interest from October 20,2001 at a per diem of $50,46, any additional late charges and costs of suit. The undersigned does hereby certifY that, pursuant to R.C.P. 237.1, a written notice of intention to file this praecipe, a copy of which is attached to this praecipe, was mailed to the Defendant on December 19, 2001, such date being more than twenty (20) days after the date of service of Plaintiff's complaint on November 1, 2001, and at least ten (10) days prior to the date of the filing of this praecipe. PURL, EASTMAN & THRASHER Date: -P ~ t 2tJP Z- By: 1'~/.~ Edward G, Puhl, Esquire 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 Attorney I.D. No. 55709 p-, '---- - ---' - - -<e,'_'" ,< ,'," ;--~'~'"~"'1," , < .-,~.~",~ ~--- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAMS COUNTY NATIONAL BANK, Plaintiff NO. 2001-6233 Civil Term v. Matthew J. Eavy, Action in Mortgage Foreclosure Defendant To: Matthew J. Eavy Date of Notice: December 17,2001 IMPORT ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS ! FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST I YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER I IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT I ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR1 TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Telephone Number: 717-249-3166 PUHL, EASTMAN & THRASHER By: ~/II2A Edward G. Puhl, Esquire 220 Baltimore Street Gettysburg, PA 17325 Attorney for Plaintiff (717) 334-2159 - ~ --.,""'. "~-"-~~~I'"",- "', ',~ U,S, POSTAL SERVICE CI:RTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: . PUHL, EASTMAN & tHRASHER 220 691timnrA RtrAp.t Gettysburg. PA 17325 One piece of ordinary mail addressed to: Matthew J. Eavy 3 Parsonage St. Newville, PA 17241 PS Form 3817, Mar. 1989 "":-,",~ ~ '0 -.J.... * 00'0.... N~N *" \/I.... a * ~ OUN/~ '-10~~'" J ~J~) ~ ~II N .... VI .... ctt <L r- r- ~ _ , R " 5 -~"~-'- ........ ~ -- r f/} (J li -- -4Q... ;-0 o 0- W -J ~ P-- f ~ ~ C) 'l""";'1 Ii!J -.,., :0"' ;:;.:::r ,,- I'" (') c <~- --0 r~' r,-;f- z: :~ ::.?t (j) ~: -<,,' ~c.' :z(~ ~c. .PC ~ -"') -<: (-1 --, =< ~'"'~ .~ ~t; ,W111~~-.mn~?iJ'~"1""E'I<~~JIIi':lIr'Wlll!l!II~lfiiill!.~~!'~if;~~Iifi~'I:~70t;-iiew~'ll'~~~~' ;f:: OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Date: ~~~ J;) ;::>N~~_ I Adams County National Bank, successor by merger to Farmers National Bank, Plaintiff, vs. Matthew 1. Eavy, Defendant. No, 2001-6233 Civil Term NOTICE To: Matthew 1. Eavy 3 Parsonage Street, Newville, PA 17241 Pursuant to req~ents of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on J., I:J , 2002, a judgment was entered against you in this office in the proceeding as mdicated above. . '- 42f2?(7/P ~A<~j Deputy Prothonotary Date mailed: ;J/p ff);;;J.., / I ~ . ,"'" c' ~_ "". r 1 'O~ 0'J 'I . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W ADAMS COUNTY NATIONAL BANK, Successor by merger to Farmers National Bank, Plaintiff NO. 2001-6233 v. MATTHEW J. EAVY, Action in Mortgage Foreclosure Defendant RETURN OF SERVICE STATE OF PENNSYLVANIA COUNTY OF ADAMS On this, the 22nd day of March, 2002, before me, a Notary Public, the undersigned officer, personally appeared Ross H. Pifer, Esquire, who having been by me duly sworn, on his oath does depose and say that he is the attorney for Adams County National Bank, successor by merger to Farmers National Bank, Plaintiff in the above-captioned matter, and that attached hereto is a true and correct copy of the Notice of Sheriffs Sale of Real Estate Pursuant to PAR. C.P. 3129.2 to Creditor or Other Person or Other Party in Interest, copies of said notices having been mailed by Ross H. Pifer, Esquire, by first class mail, postage prepared, deposited at the post office in Gettysburg, Pennsylvania, on March 22, 2002, to creditors or other persons or parties in interest, as set forth in the affidavit filed Pursuant to Rule 3129.1 in the above-captioned matter, copies of U.S. Postal Service certificates of mailing also being attached hereto, and that the facts set forth herein are true and correct to the best of his knowledge, information and belief. J21!? Ross H. Pifer, Esquire Attorney for Plaintiff Attorney J.D. #77071 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 Sworn to and subscribed before m;i~t\1e day and year aforesaid. &~JJUjlMA/nc ~AM;lY'r11J7l I otary Public My Commission Expires: NOTARIAL SEAL MARIANNE DRUMMOND, Notary PubUc o.n,.bul"ll Boto, Adam. Caun1y IWt Call1mlulon bpi... March 31,2003 f! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAMS COUNTY NATIONAL BANK, Successor by merger to Farmers National Bank, Plaintiff NO. 2001-6233 v. MATTHEW 1. EAVY, Action in Mortgage Foreclosure Defendant NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA. R.c.P. 3129.2 TO CREDITOR OR OTHER PERSON OR OTHER PARTY OF INTEREST: The real estate known as 51 West Big Spring Avenue, Newville, Cumberland County, Pennsylvania; 3 Parsonage Street, Newville, Cumberland County, Pennsylvania; and 21 East Main Street, Newville, Cumberland County, Pennsylvania, owned by Matthew 1. Eavy, more particularly described on Exhibit "A" attached hereto, will be exposed to public sale at the Sheriffs Office, Cumberland County COUl1house, Carlisle, Pennsylvania on Wednesday, June 5,2002, at 10:00A.M. Said Sheriffs Sale is pursuant to a Writ of Execution issued on the judgment entered by Adams County National Bank, successor by merger to Farmers National Bank v. Matthew J. Eavy, in No. 2001-6233 entered in the Court of Common Pleas of Cumberland County, Pennsylvania. Claims against the property must be tiled at the office of the Sheriff before the above sale date. Claims to proceeds must be made with the office of the Sheriff before distribution. A Schedule of Distribution will be filed with the office of the Sheriff on July 5, 2002. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the office of the Sheriff no later than ten (10) days from the date when a Schedule of Distribution is filed in the office of the Sheriff. The Sheriffs telephone number is (717) 240-6390. Address of the Plaintiff is 675 Old Harrisburg Road, Gettysburg, Pennsylvania 17325. :~~~~URASHER Ross H. Pifer, Esquire Attorney for Plaintiff Attorney J.D. #77071 220 Baltimore Street Gettysburg, P A 17325 Dated: March 22, 2002 (717) 334-2159 TRAcrl: ,,' " ALL th~t certliiD tract ofland situated in.ine N'cii-tb Ward ofthe.Borou~ of NeWville, County of Cumber1aoo, State ofPemisy1vania. bounded and desenbed.as follows: '. , , , , . .,' '. . ~ . , ON the South by Parsonage Str~, on the West by.lot now or formerlyofR,aymond . Maxwell, et we, oil the North by Church Alley, and on the East now or formerly 9fthe . Piper Heirs. . ,.' . . ' '.' , '.. ,. , CONTAINING 34 feet on Parsonage Street; more or less, and 'having an even width to a . dePtll on80 feet t() church Aney. .....' , " .. ' . .,. ~ Bli:INd THE SAME REAL ESTATE WHICH RICHARD R. BROWN. KETIH,L. .' , BROWN and GENEVIEVE B. REID, Exec~tors of the Last Will and Testament of RUTHR. BROWN, by deed dated August 30, 1994 and r-ecorded il;J. the Office of the .' R,.eco'rder ofDeeds In and for Cumberland COUilty in Deed Book 111, PagelZ1, granted anti ~onveyed to MATTHEWJ. EA VY, mairled J;l1llIt ;: . '. TRACT 2: , ..... ", ~. '.". . .. . ALL that c~ tract of ground situate in the Bor~ugh ofNew0ne, County. of , Cumberland and State ofPeimsylvania,known' as part ofLotNo~ 33 in the Plan of said Boro.ugh and boun!iecland.described as followsto'wit togethei' with the improvements thereon erected: " . ONtbe South by Main Street; on tb,e North by.Cove Alley, on tile West by Lot No.3Z ' .now!'ir formerly owned by Charles Koons; arid oil t1ieEast by another portionofLbt No. 33 now or formerlyowiled by'KP. smith. CONTAINING thirty-five (35) feet, and six ' (6) inches in front ot! Main Street; aild one hundred eighty (180) feet in depth to the alley, by the same 10 Width and depth, more or less. . BErnG '!'HE "SAME REAL ESTAtE WHiCH JOHN F.om and SHIIi.LEY A. " OlLER, husbaildand wife, by deed dated November 16, 1995. andrecotded in the Office of the' Recorder ofDeedS in and for Cumberland County in Deed Book 131, Page 598; granted and conveyed to JAMES A MACKEY and VERA K MACKEY, husbir.!1d and . 'f! ~" WI e.. ". " ,... ' . .. , , .. . ., AND'BEING THE SAME REAL ESTATE WElCH JAMES A. MACKEY and '\!ERA K MACKEY, husband and wife, by deed dated June II, 1998 and recorded in the , Ofiice of the Recorder of Deeds in and for Cumberland County ih Deed Book 179, Page 657, granted and conveyed to MA'I'THEW J. EA VY, .mamed ~. . . i ,/ EXHIBIT A ,.', ;.. .....:. .. I .. . :~.~.-:., .-- . .:" .,~"",~0iJI!;..,., '~" ,_ " ~, _, ~ _ . ["~ - - .- - " 1'. -. ~~ " ~~ " I. TR:.\M'3: ' , '. '. . .., ALL that certain lot or parcel of ground, together With the improVements. thereon, situate , ,in the Borough ofNewvil1e, Cumbex:lav.d County, P~lvania, bounded' and described, !jS follows: ' , BEGrnNING at the' int~section of Liberty Alley and Big Sprlijg Avenue (formerly' ,',,' Raiiroad Street); thence by said Big SpIj.rig Avenue (formerly Railroad Stre~t).. Southward fiftY-nine (59) feet eight (8) inches to the line of Bethel Church -lot ownedI!ow or formerly by ~e First Church of God otNeWvi1le, Pennsylvania, thence by the line of said church"" 'lot, Westwardsroy-.eight (68) feettoLibert)iAlley aforesaid; thence by smd Liberty Alley, Eastward iIinety-one (91) feet Two (Z) inches to the place ofBEGlNNING. , . . KNOWN and numbered as No. 51 Big Spring Avenue. . " "., ' .', ' . BEING THE SA.Ml1;REAL ESTATE WHICH GERALD E. A!LEMAN and KAREN S. ALl:.EMAN, husband' and, wife, by deed dated Au~ 31, 1990 arid reccir~ed in the , .' Office of the Recorder of Deeds in and for Cumberland County in Deed Book T-34, Page , 333; granted and conveyed,to DOUGLAS R HElN:EMAN..and 10 ANN HEI7'ffiMAN, husband and wife. . ' , .'.'. .',." ' ~. . . . ., , .' 'AND BEING THE SAME REAL ESTATE WIDeR DOUGLAS R HElNEM:ANand, ", " to ANN HEINEMAN, husband and wife, by deed dated M;arch 29,1"999 and. recorded '. , in the Office of the Recorder of Deeds. in and for Cumberland' . County, granted and conveyed to .M:ATTHEW J. EA VY, at Book 199, page 309.. , j I I I , " i ; j "'"-"'~~~ -, ;", -- .~ 7"V,_"_.! ,j'1 ,-, ., ~,=~~l , <0., ~-, ~L,- ~"' iTi -;.!: -.y C/~ r~. , ~.-- '. -~ - .::~ )> f'.) .;. J {'--,) c-. 'n ("J _U -~.... 1~.__._~_~".,.. t _'..'c~_,~j",._JmlWr ,.~f,am~u~r'!"'~,~';;oTH''';W1'%!';!'f\",:,'''<'''''jjY~1~~~;!~;!&~rrr-~~I:~;~: < 1"'0" .--'0'," -':""' ';0ti, ~ ~ :J': b u 11 is t ... t '" ~ '" ~ L 1,,' '1$~ .'1' , Page....._ PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 Adams County National Bank, successor by CIVIL COURT OF COMMON PLEAS OF THE COUNTY OF , CUMBERLANIJ. COMMONWEALTH OF PENNSYLVANIA _____..~.___.___.._~__.._.d_.______R_____~___.._~_.___ merger to Farners National Bank, . . ..._..__...._......._._......__.........l'Jaint~fL...._...._ VS. Judgment and Writ No. 2.Q.QJ.::2.n3......___....._......._ 11atthew J. Eavy ---~----------_.._-------------.---.._---------~--.-------.-~-----_._---- Defendaor PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATIER, ~ ( 1) Directed to the Sheriff of ,Cunberland Cotmty, Penna. 1l ,~ (2) against .._....~~Lt:l>e~..,!"..A".YL......._..............._.__..._......_._.._._.__._.__...._.___ 0.. ..._...........__.._...__....,........_..__..._____._._..._.____._._....._.-.--....-...-.._... Defendant( s); (3) (4) and against .__...___.......____..__.... .......-.-......--..-..----..___..... Garnis1ee( s); d' d this 't an ill ex. wn Uatthew J. Eavy (a) agamst _._....._............._....._..........._._....._...._._.........._...__...._..__....__._..__._....._.............._ -......--........--..-.-...--............--.-..-.......................-...--......-.....-..- Defendant( s) and (b) against ._..................._................._........_......._......................_............_.................__.__...._.........,......__ ..---.-....--......-.................... .........--...-......-....-.....-.......-...........-........-....... Garnishee ( s), as a lis pendens against the real property of. the defendant(s) in the name of the Garnish!lels) as follows: (Specificallydescribeproperty)" See Exhiblt A attached hereto for legal descnphon (5) Amount due $...n~....!.9_L,-~.?....._...... Interest from 10/20/0 I at a per diem of $50.46 Total -.......................__..._..._ Plus costs. l1arch 13, 2002 Dated ............___....._...._.......__..._ ---~~~)----_. NOTE Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b) the county should be indicated. . Under Rule 3103 (c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued. Paragraph (3) ahove should be completed only if a named garnishee is to b. inclnded in the writ, Paragraph (4) (a \ above should be completed only if indexing of the execution in the county of issuance is desired as autho- rized by Rule 3104(a). When the writ issues to another county indexing is required as of COurse in that countY by the prothonotalY See RuIe3104(b). , .. Paragraph (4)(b) should be completed only if real property in the name of a garnishee is attached and indexing as a lis pendeos is desired. See Rule ~104(c). . . A description of specific property to be levied upon 01' aUllcbed may be set forth in the praecipe or Included by exhibit attached. ~:)l~,.~ Jl. "1, c,- >"t'i-''R,-i'j'"!,'f, _~l-"i'Y).\'I':", _ _ c-';,')"', -__""'"__,l,<'))w-~__-,~_"'I"'""-,-". -""""H.-;~---""" -', .-~o<" ,"1"",",,,..,,__~_,~,,,_,,,. ,- --.- ~- ~ .,. ~y~ ~ ~ , , ~ - - - ~ 0e;---- ..., - ~ Co ~ 9-> -D VI = u-J C'- ~ - ~ -~ G . g Q. CJ\ O(j CJj \) <;' r-:-, ~ <:::>. -+= I ~ ;i ~ 0 0 o~ / , U'*- ---r' , cJ C1 P ~~-? c r ~ -0 - ~. ~ o ~ '--0 (,;.~ r,.1\ ,-; c--....._:__ !;-:::'_"C. L" fJ~~."" i? C._~ 2C) :Pt; /- ~~ L'-.> .' (~) :'1~ ~~~ ~?1 L~ . ':"J """ ., :"-::=' ::> :.0 -< .",.--~"...... - "! -- - -'-~. ',' ~ :' ';z ,~t!-;:;s."~'<>,_,,.~_ <~~~x., _ ~_,_~. ,,,,,,,,"t~V;' :-""",;{{]_, ,;<:~"'~:";;" '. , : ~~~;:-;--__--:,-,~)~~"('-',r,:_,-,~'''"''. " ___.__,_o_~ >>- "1: ~ V'''' ,,',lll ~ ~,',",".., U1 ~".,.,..".,' tI TIn .to ,,~: .It, >_'::,,:~' t~ TRACT 1: ALL that certain tract ofland situated in the North Ward of the. Borough of Newville, County of Cumberland, State of Pennsylvania, bounded and described as follows: ON the South by Parsonage Street, on the West by lot now or formerly of Raymond Maxwell, et ux, on the North by Church Alley, and on the East now or formerly of the Piper Heirs. CONTAINING 34 feet on Parsonage Street, more or less, and having an even width to a depth of 180 feet to Church Alley, BEING THE SAME REAL ESTATE WIDCR RICHARD R. BROWN, KEITH L. BROWN and GENEVIEVE B, REID, Executors of the Last Will and Testament of RUTHH. BROWN, by deed dated August 30,1994 and recorded in the Office of the Recorder of Deeds in and for Cumberland Comity in Deed Book 111, Page 121, granted and conveyed to MATTHEW J. EA VY, married man. TRACT 2: ALL that certain tract of ground situate in the Borough of Newville, County of Cumberland and State of Penn sylvania, known as part of Lot No. 33 in the Plan of said Borough and bounded and described as follows to wit together with the inlprovements thereon erected: ,( ON the South by Main Street; on the North by Cove Alley, on the West by Lot No. 32 now or formerly owned by Charles Koons; and on the East by another portion of Lot No. 33 now or formerly owned byKP. Smith. CONTAINING thirty-five (35) feet and six (6) inches in front on Main Street; and one hundred eighty (180) feet in depth to the alley, by the same in width and depth, more or less. BEING THE SAME REAL ESTATE WIDCR JOHN F. OILER and SHIRLEY A. OILER, husband and wife, by deed dated November 16, 1995, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 131, Page 598, granted and conveyed to JAMES A. MACKEY and VERA K. MACKEY, husband and wife" r AND BEING THE SAME REAL ESTATE WIDCH JAMES A. MACKEY and VERA K. MACKEY, husband and wife, by deed dated June 11, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 179, Page 657, granted and conveyed to MATTHEW J. EA VY, married man. EXHIBIT A , "~,"",,~,\l'<I!i r:, ~__ ,~_~. _, c. .. , , ~ ~ ":''''., - ,. TRACT 3: ALL that certain lot or parcel of ground, together with the improvements thereon, situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the inter~ection of Liberty Alley and Big Spring Avenue (formerly Raiiroad Street); thence by said Big Spring Avenue (formerly Railroad Street), Southward fifty-nine (59) feet eight (8) inches to the line of Bethel Church lot owned now or formerly by the First Church of God of Newville, Pennsylvania, thence by the line of said church lot, Westward sixty-eight (68) feet to Liberty Alley aforesaid; thence by said Liberty Alley, Eastward ninety-one (91) feet Two (2) inches to the place of BEGINNING. KNOWN and numbered as No. 51 Big Spring Avenue. BEING THE SAME REAL ESTATE WHICH GERALD E. ALLEMAN and KAREN S. ALLEMAN, husband and wife, by deed dated August 31, 1990 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book T-34, Page 333, granted and conveyed to DOUGLAS R. HEINEMAN and 10 ANN HEINEMAN, huwandandwife. . AND BEING THE SAME REAL ESTATE WIDCH DOUGLAS R. HEINEMAN and 10 ANN HEINEMAN, husband and wife, by deed dated March 29,1999 andrecorded . in the Office of the Recorder of Deeds in and for Cumberland , County, granted and conveyed to MATTHEW J. EA VY, at Book ] 99, page 309. '<r"~:m' Ml." "";, n "I ""I ,- ~~ r<~ '__.'~ :~. ~'- ~ J! . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW ADAMS COUNTY NATIONAL BANK, Successor by merger to Farmers National Bank, NO. 2001-6233 Plaintiff v. Matthew J. Eavy, Action in Mortgage Foreclosure Defendant NOTTeR OF SHRRTFF'S ,'\AfR OF RRAf PROPRRTY PURSUANT TO PA. R.C-P. H29 TAKE NOTICE: 'j' That the Sheriffs Sale of Real Prope11y (real estate) will be held on Wednesday, June 5, , 2002, at the CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, I CARLISLE PENNSYLVANIA 17013-3387 at 10:00 A.M., prevailing local time, , 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 LEGAL DESCRIPTION ATTACHED). THE LOCA nON of your property to be sold is: 51 West Big Spring Avenue Newville, P A 17242 3 Parsonage Street Newville, P A 17242 21 East Main Street Newville, P A 17242 THE JUDGMENT under or pursuant to which your property is being sold is docketed to: Civil Action No. 2001-6233, The name of the owner or reputed owner of this property is: Matthew J. Eavy. 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 within ten (10) 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, Infonnation about the Schedule of ~I . '-""-'-O"-"-"--_'"___'c . Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland COlmty Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013-3387, (717)765-2641, Ext. 27. TH1." PAPER 1." A NOTTCE OF THE TTME ANn PlACE OF THE SAIR OF YOl!R 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 tal,en, 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, PA 17013 Telephone: (717) 249-3166 THE T-FGAI. RIGHTS YOl! MAY HAVE ARE: , I, You may file a petition with the Court of Common Pleas of Cumberland County, to open I the judgment if you have a meritorious defense against the person or company that has entered , judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs deed is delivered. 3. A petition or petitioners raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled business court sessions. The petition must be served on the attorney for i the creditor at least two (2) business days before presentation to the Court and a proposed order or '.--'1''.':'-'" . 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, Cumberland County Courthouse, I Courthouse Square, I Carlisle, Pennsylvania 17013-3387, before presentation of the petition to the Court, PUHL, EASTMAN & THRASHER 1!211//- Ross H. Pifer, Esq. Attorney for Plaintiff Attorney LD, #77071 220 Baltimore Street Gettysburg, Pennsylvania 17325 (717) 334-2159 )~~'1!'<j! TRACTl: . ALL that certain tract ofland situated in the North Ward of the Borough of Newville, County ofCumberlaoo, State of Pennsylvania. bounded and described as follows: ' ON the South by Parsonage Street, on the West by lot now or formerlyofR,aymond , MaxWell, et we, on the North by Church Alley, and on the East now or fohnerly ofthe ' Piper Heirs. " CONTAINING 34 feet on Parsonage Street, more or less, and having an even width to a depth of 180 feet to Church Alley. , ' , " , ' , , , BEING THE SAME REAL ESTATE WillCH RICHARD R. BROWN" KEITH L. , BROWN and GENEVIEVE B. REID, Executors of the Las.t Will and Testament of RUTHR. BROWN, by deed dated August 30,1994 and r-ecorded in the Office of the Recorder of Deeds in and for Cumberland CoUilty in Deed Book 111, Page 121, granted and conveyed to MATTHEW J. EA VY, mairled man. TRACT 2: " " ALL that certain tract of ground situate in the Borough of Newville, County,of Cumberland and State of Pennsylvania, known as part of Lot No. 33 in the Plan of said Borough arid bounded and described as follows to wit together with the inlprovements thereon erected: . , - ,. - -' '( . ON the South by Main Street; on the North by Cove Alley, on the West by Lot No. 32 now or formerly owned by Charles Koons; and on the East by another portion of Lot No. 33 now or formerly owned byKP. Smith. CONTAININGthirty-five (35) feet and six (6) inches in front on Main Street; and one hundred eighty (180) feet in depth to the alley, by the same in width and depth, more or less. , ' , BEING THE SAME REAL ESTATE WHICH JOHN F. OILER and SHIRLEY A OILER, husband and wife, by deed dated November 16, 1995 and recorded in the Office of the R.ecorder of Deeds in and for Cumberland County in Deed Book 131, Page 598, granted and conveyed to JAMES A. MACKEY and VERA K. MACKEY husband and / - ~ . wife.. ", ", ' , , AND BEING THE SAME REAL ESTATE WillCH JAMES A MACKEY and VERA K. MACKEY, husband and wife, by deed dated June 11, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County iil Deed Book 179, Page 657, granted and conveyed to MATTHEW J. EA VY, mitrried man. ' EXHIBIT A :..;,.-. ~ ,.. <'';l~~~ To~, '.',' ?,.? _' _ < 1- , .1 ' r.= -~ " ,. ~ TRACT 3: , , ALL that certain lot or parcel of ground, together With the improvements thereon, situate in the Borough of Newville, Cumberland County, Pennsylvania. bounded' and described as follows: " . BEGINNING at the intersection of Liberty Alley and Big Spril).gAvenue(formerly Raii'road Street); thence by said Big Spring Avenue (formerly Railroad Street), Southward fifty-nine (59) feet eight (8) inches to the line of Bethel Church .Jot owned now or formerly by the First Church of God ofNewviIle, Pennsylvania. thence by the line of said church" lot, Westward sixtY-eight (68) feet to LibertyAlley aforesaid; thence by said Liberty Alley, Eastward njnety~one (91) feet Two (2) inches to the place of BEGINNING, KNOWN and numbered as No. 51 Big Spring Avenue. BEING THE SAME,REAL ESTATE WmCR GERALD E. ALI;.-EMAN and KAREN S. ALLEMAN, husband and wife, by deed dated AUgU~t 31,1990 arid recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book T-34, Page 333, granted and conveyed to DOUGLAS R. HEINEMAN and JO ANN HEINEMAN, husband and wife. .' . AND BEING THE SAME REAL ESTATE WIDCR DOUGLAS R. HEINEMAN and , JO ANN HEINEMAN, husband and wife, by deed dated March 29, 1999 andrecorded . in the Office of the Recorder of Deeds in and for Cumberland County, granted and conveyed to MATTHEW J. EA VY, at Book J 99, page 309. "'"J ~ ,0"'" ~"-,"_,~,_ ,~P:1" -.?'-c ", ." .__" "=_"_:_' ~-- ~ ,. . - ~~. ,~W~11lm.."~.".,,, "".J ,- ~-~- '~":" ~~ ~" () ;:;: ?j /~~i ~~~(, 3~;C) ,:,-,;:> c onC.-::;'_ 3.....;.. .2 -., .':_J ~-. ,-' ~. '::.::) i",-:, ~. Coo! "",' ~_,,". ~~ _'*ij'l\illf''i<i'i"~*~".''l'':i"-!t'2'W?!ti!>,p'~'';;- "i"-'H'if.}lft."t4~'tll:~*\\flili~_~~~~!t'lMW~ij~~J~~~ ~J . , If IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAMS COUNTY NATIONAL BANK, Successor by merger to Farmers National Bank, NO, 2001-6233 Plaintiff v. Matthew J. Eavy, Action in Mortgage Foreclosure Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 Adams County National Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property set forth on Exhibit "A" attached hereto. 1. Name and residence address of owner. Matthew J. Eavy 3 Parsonage Street Newville, PA 17241 2. Name and address of Defendant in the judgment: Matthew 1. Eavy 3 Parsonage Street Newville,PA 17241 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Adams County National Bank, 675 Old Harrisburg Road, Gettysburg, Pennsylvania 17325. Plaintiff in judgment entered to No. 2001-6233 Borough of Newville, 4 West Street, Newville, PA 17241. Plaintiff in judgment entered in to No. 4849 of 200 1. ,~'K "" -_1"-''';'.-. I! 4. Name and address of the last recorded holder of every mortgage of record, Farmers National Bank, succeeded in merger by Adams County National Bank, 675 Old Harrisburg Road, Gettysburg, P A 17325, Mortgagee in instrument recorded in Record Book 1541, at page 14, 5. property: Name and address of every other person who has any record lien on the Cumberland County Tax Claim Bureau, Cumberland County Courthouse, I Courthouse, Square, Carlisle, PA 17013-3387 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: None known to Plaintiff. 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: None known to Plaintiff. I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S."4904 relating to unsworn falsification to authorities. PUHL, EASTMAN & THRASHER Dated: 3 ((3Io~ .fir?! I{f- Attorney for Plaintiff Attorney J.D. #77071 220 Baltimore Street Gettysburg, P A 17325 (717) 334-2159 By: ~ TRACT 1: ' ALL that certain tract ofland situated in'the Ncirth Ward of the. Borough of Newville, County ofCumberlaoo, State of pennsylvania, bounded and descnbed as follows: ' ON the South by Parsonage Street, on the West by lot now or formerlyofRaymond , Maxwell, et we, on the North by Church Alley, and on the East now or formerly ofthe Piper Heirs. .. , . ,CONTAINING 34 feet on Parsonage Street, more or less, and having an even width to a depth of 180 feet to Church Alley. , , , . , .. . . BEING THE SAME REAL ESTATE WHICH RICHARD R. BROWN, KEITH L. , BROWN and GENEVIEVE B. REID, Executors of the Last Will and Testament of RUTHR. BROWN, by deed dated August 30,1994 and r-ecorded in the Office of the , Recorder of Deeds in and for Cumberland County in Deed Book Ill, Page 121, granted and conveyed to MATTHEW J. EA VY, mairled man. ,. TRACT 2: -, -. ALL that certain tract of ground situate in the Borough of Newville, County. of Cumberland and State ofPeimsylvania, known as part of Lot No. 33 in the Plan of said BorQugh and bounded and ,described as follows to wit together with the improvements thereon erected: ON the South by Main Street; on the North by Cove Alley, on the West by Lot No. 32 ,now or formerly owned by Charles Koons;. and on the East by another portion of Lot No. 33 now or formerly owned byKP. Smith. CONTAINING thirty-five (35) feet and six (6) inches in front on Main Street; and one hundred eighty (180) feet in depth to the alley, by the siune in width and depth, more or' less. BEING THE SAME REAL ESTATE WHICH JOHN F. OILER and SHIRLEY A. OILER, husband and wife, by deed dated November16, 1995 and recorded in the Office of the Recorder of DeedS in and for Cumberland County in Deed Book 131, Page 598, granted and conveyed to JAMES A. MACKEY and VERA K. MACKEY, husband and wife., r AND BEING THE SAME REAL ESTATE WHICH JAMES A. MACKEY and VERA K. MACKEY, husband and wife, by deed dated June 11, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County iil Deed Book 179, Page 657, granted and conveyed to MATTHEW J. EA VY, mwed man. ' , EXHIBIT A ... u_,_. __._ ~,." ,... . '_-'e_ ' ~4!_r -, , ,.'~,.".,~",., _ " ".. C._,-' ,~. f'- '" , 1-'" " ~- ,- TRACT 3: ... ' , , ALL that certain lot or parcel of ground, together With the improvements thereon, situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the'inter1ection of Liberty Alley and Big Spring Avenue' (formerly Raii'road Street); thence by said Big Spring Avenue (formerly Railroad Street), Southward fifty-nine (59) feet eight (8) inches to the line of Bethel Church lot owned now or formerly by the First Church of God of Newville , Pennsylvania. thence by the line of said church" lot, Westward siXtY-eight (68) feet to Liberty Alley aforesaid; thence by said Liberty Alley, Eastward ninety-one (91) feet Two (2) inches to the place of BEGINNING . KNOWN and numbered as No. 51 Big Spring Avenue. BEING THE SAME,REAL ESTATE WIDCH GERALD E. ALJ;.EMAN and KAREN S. ALLEMAN, husband and wife, by deed datedAugU~t 31,1990 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book T-34, Page , 333, granted and conveyed to DOUGLAS R, HEINEMANand 10 ANN HEINEMAN, husband and Wife. ',' , , . , . , AND BEING THESAME REAL ESTATE WIDCHDOUGLAS R HEINEMAN and 10 ANN HEINEMAN, husband and wife, by deed dated March 29,1999 and recorded , in the Office of the Recorder of Deeds in and for Cumberlarid , County, granted and conveyed to MATTHEW J. EA VY, at Book 199, page 309. ''! d '~'""', ~~"~_ ='. ~""".""", _ 1.'" . , _ __>' - f ,', ~,' ---,~" . ,>-"" " , t',."~J[U ~ _ ~~~.""- - , - ~ --- >- '" ~.~~"'~~ ~-,.~~-" -,,. Q i..~_ ;:-'-"'" -08'; C!1rn ~(~r' (,i) " ."..::~ "< - ~.S l~ :-;.:::- J> ", ::) =:, - --,,,..,..."'''''" '."~ ~ ,~ ,:?; :'c~ .;.,:-:] ",-'-, ~._) -,j :.j L,,) J![ ,r ,_ ,:lTI,_ ",,"j":~~('1;td..I1l:"~"-"+f'I~''''l!;~.-1l,'.\ffi1~I\W~~~~~~~. . _~;~un[m;p~~- :"". .~ ;'~Jll" - "-._"'~---".'""_'f_'.'o"_,,, !! .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYJ:, VANIA CIVIL ACTION - LAW ADAMS COUNTY NATIONAL BANK, Successor by merger to Farmers National Bank, NO. 2001-6233 Plaintiff v. Matthew J. Eavy, Action in Mortgage Foreclosure Defendant AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Adams County National Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property set forth on Exhibit "A" attached hereto. 1. Name and residence address of owner. Matthew J. Eavy 3 Parsonage Street Newville, PA 17241 2. Name and address of Defendant in the judgment: Matthew J. Eavy 3 Parsonage Street Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Adams County National Bank, 675 Old Harrisburg Road, Gettysburg, Pennsylvania 17325. Plaintiff in judgment entered to No. 2001-6233 Borough of Newville, 4 West Street, Newville, PA 17241. Plaintiff in judgments entered to No. 4849 of2000 and No. 432 of2002. "f: ... II 4. Name and address of the last recorded holder of every mortgage of record. Farmers National Bank, succeeded in merger by Adams County National Bank, 675 Old Harrisburg Road, Gettysburg, P A 17325. Mortgagee in instrument recorded in Record Book 1541, at page 14. 5. property: Name and address of every other person who has any record lien on the Cumberland County Tax Claim Bureau, Cumberland CountY Courthouse, 1 Courthouse, Square, Carlisle, P A 17013-3387 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: None known to Plaintiff. 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: None known to Plaintiff. I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. "4904 relating to unsworn falsification to authorities. PUHL, EASTMAN & THRASHER Dated: April 5" ,2002 ~rlf- , Ross H. Pifer, Esq. Attorney for Plaintiff Attorney J.D. #77071 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 By: ~ , ,. , ,._--------,.. ---- :r:.RAC1'.d..:.-"~_:.c--~----~~-~: .' , . " ' ., " , ,,' '". . . .', '. . , . , , " .." ': ' . '. ' , ~ :. .' ALL th~ 6ertam tract of land situa.ted, in the N6i-tb waid ofthe:Borou~ of NeWville, . County of Cumblll1ind. State ofPexinSylv~ bounded ancfdesc?~ed.as fon~Ws: " iT! , ."", . ~. . ., ON the South by Parsonage s~ on the weSt by,lot now or formerly'~fR,aymond , '. Maxwell, et we, oil the' North by ChurCh Alley, ~ on the East now or fqrmerly 9f'the . PIper Heirs. ,... , , ,. :. ...". '. " " ,. .CONTAooNG 34 feet on P~onRie Street; more.qi' le~ ~d'~ an even width to s: . d~ of1S0 feet.to'Church.Alley. ,..,. . ." ' . . " , , . '. '. . '.'." , ' . ' ", ., .:' : ' ',', ,.... '. :' . ~. BEING TEtE'SAME REAL ESTATE WHICH lUCHARD:a. BROWN.ICEITH.L. .. .' .BROWN and' GEN:avrEVE B. REiD, ExeCUtors ofthe ~ Will and Testament of ' RU'I'HH. BRO'WN, by deed dated August30,1994 and r-ecordedil:1 the Office of the . l,teoorder ofD~ds In and for Cumberland County in Deed Book lll, Page pI, granted ana conveyed to MATTHEWJ. EA VY, mairled J;l1llIt ;. ,..' ':. :, . ., ' . ~ . , . '. ',:,.",:." , . 'TRACT 2: j,' . .. >, ' '. , >" ., ", , . AIi ~t ~ tract' of ground si~ate ~ the BbroUgh of:N-ew0lle, Coooty.of, ' CumberlaDd and State of.Peimsylvania," known' as part of Lot No: 33 in the Plan otsaid BorQugh mid bounfied' and.described as. follows, to 'wit together with the improv~ents .thereon erected: : " . , ", , . . o~'ihe Sbuth by ~ $treet;'on tJ:l.e North by'.Cove Alley, on tile Westby Lot No. '32 . .now pr formerly owned by Charles: Koons; ,arid oil the East by apdther portion. of Lot No. 33 ,now or formerly owiled by'K.P. smith. CONTAlN.IN:G'thirty-flve (35) feet and siX ' (6) mc~ in front 01'1. Main Street; ai:1d one hundred eighty (ISO) feet in depth to the aIiey, , by the same in Width and depth, more 'or less. ' , . ',I BEtNG mE 'S~ R.EAi:, ltSTATIr'WHtCH jOm{ F.Om and SBIRLEY A .' oILER, husbai:1d 'and wife, by deed dated November '16, 19.9S anci"recoitled in the Office or-the' Recorder ofDeedS in and for Cumberland County in Deed Book 131, Page 598; , granted and conveyed to JAMES A MACKEY and VERA K. MAcrcEy, h~sbi1pd and 'wife r .' ". " . . .' '. , .. . AND::BErNG THE SAME REAL ESTATE WHIcH JAMES A MACrcEYand ~ K. MACKEY, husbanp and.wife, by deed elated June n, 19.98 and reCorded in the , O~ce or,the Recorder ofDeeds ,in and for Cll!llberland County iiJ. Deed.Book 179, Page 657, granted and coIi:lrey~d to MA'rTEEW J. EA.:- \Y. .~ed ~. . , I , '" I '. . ,. '; '" )' , '. , .' , .':1 EXHIBIT A , :,.1,. ;', ,,', . -.I " . ',:,. ' ': ' .. .:...~,-';",.,- ..".. ... ..'..., '~'"'i"'*"~IfI!II', ~~.. " <. . . r ''f'' ,t' ." -1""."-- ,;, " , '" "" ' '"'~ '.., "-"~,,,.,,,,,,,y, " ~'~.'. .~.~-~~-,~. ,~ = ,-, ~'. -~" =~,~~-' __ ..,~, -J'- - '.,' ,.'" """"Y',""."".." "TIiiililfu. .lli~lrTI"'iliilil~fW"lH~'i' . ~~i!:'lfiIM~~m%\""'-"'''"'J'i.~''''-'t-~f''''){<'''1'~'~''''i'!~~,.jfg~Jj)~~!;~!tJ4~'il~~~~ ..., , ';'.. l -,,"o'lJ<~ ,~ " . , " ". I", TRAQT3: .'. . '. , ". , . ,. ' ", ': . . . '" . - .' ,'..,~,' . . , ' ALL that certaln lot or parCel of ground; together With the improvements thereon. Situate . . in 'the Borough of Newville, Ctimb~lap.d County, :PeilllBylVl!Dia, bounde((and descnged. ~ follows: " "': .' " '.' '. '. : . . , ' , ' '. " ' ," . " BEGrNNrNG a.t the' int~iecti.on of Liberty Alley ~d :Big S~ .Av~ . (formerly '" " ' Raii'road Street); thence by said Big Spring Avenue (formerly ;Railroa.d Str~).. Southward " fiftY-niiie (59) feet eight (S) inches to the line ofBetheI,Church.lotowned'I?D'i'l or formerly . by t!1e First ChUrch ofG'od of NeWville, Pennsylvania, thence,by.the line l?Isaid church' " . lot, WestwarrfsiXtY~eight (~S) feetto.Liben:y.Alley aforesaid; thence by said Liberty Alley, Eastward DJnety..one (91) feet TwO (2) inches to the place ofBEGlNNING; . .' " , . ~. , ~ 'KNOWN and nwnbered as No. '51 Big Spring Avenue. , . ' " ", \, ' .. . ',.., ,," . , BEmGTRESOO.REALESTATEwmcB:GEIi.AinE..Ai.t.:aMAN~diAREN ' , s. ALl:.EMAN, huSbartd' and wife, by deed dated' Au~' 31, 1990 arid rec;oTded in the OffiCe of the Record~ of :Deeds ill and Cpr ~~land' County in DeSd Book T~34, Page ,. , :., 333;' granted and oonveyeq.toDOUGLAs, R HEINBMAN,.and JQ ANN HEINEMAN, " ' . 'husband and wife. ' . ',,' . . I " :. . .. . . AND B~rNG1m'SOO REAL E~TA:TE WmcHDOUGLAS -R HElNElM;rand ..... '. JO ANN'HEINEMAN, husband and wife, by deed dated M;arcli 29, .1999 and'recorded .:' . ., in the Office of the Recorder of Deeds 'in. and for eumli~an'd Ceu:rtY' gramed and conveyed to MArnmw J. EA VY:, at Book 199, page 309:, .. " '.: . . , I ", . .' " ; , , . , ",' , " /. . ~., ::' ." .: I I , i ".'j ! , i ,. , . , ' , " ,I ,I . : " ~ ,"- ~- ,-. - --"~~"'''!' . ~~">~",""" ..~ ....'...~. .,.. r' ............l"l1t/"IIIi!'):.. D C <" -ofjJ' CPq7 =j:f-~';' ULL ;:$;~. ~t....._, J>_ Z' .. ~(:5 -'C "? ~ o IV .".. "0 ;;U I ()";) c.~ Tf i"-ii;JJ .~Cj~8 gs. ::;:."1 ::0 -< ~'l'..") ~"'IP ~ c.,.,) (J1 _"""_.~"1"',I'J!!Illi'f;~~__ <, __~~-.jl!'1'Fi:I'Y""';';I>,~~R""'Sf.~,jj!,,!(.'jI~'~~l&'~~~!$!~j8'fj~~" _ -..,-"-~m~~ " . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAMS COUNTY NATIONAL BANK, Successor by merger to Farmers National Bank, Plaintiff NO. 2001-6233 v. MATTHEW J. EAVY, : Action in Mortgage Foreclosure Defendant AMENDED RETURN OF SERVICE STATE OF PENNSYLVANIA COUNTY OF ADAMS On this, the S"ft.. day of Avril, 2002, before me, a Notary Public, the undersigned officer, personally appeared Ross H. Pifer, Esquire, who having been by me duly sworn, on his oath does depose and say that he is the attorney for Adams County National Bank, successor by merger to Farmers National Bank, Plaintiff in the above-captioned matter, and that attached hereto is a true and correct copy of the Notice of Sheriff's Sale of Real Estate Pursuant to PA R.C.P. 3129.2 to Creditor or Other Person or Other Party in Interest, copies of said notices having been mailed by Ross H. Pifer, Esquire, by first class mail, postage prepared, deposited at the post office in Gettysburg, Pennsylvania, on March 22, 2002, to creditors or other persons or parties in interest, as set forth in the affidavit filed Pursuant to Rule 3129.1 in the above-captioned matter, copies of U.S. Postal Service certificates of mailing also being attached hereto, and that the facts set forth herein are true and correct to the best of his knowledge, information and belief. ;r2 7?- Ross H. Pifer, Esquire Attorney for Plaintiff Attorney I.D. #77071 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 Sworn to and subscribed before 7&;::earC(K~j Notary Public My Commission Expires: I t-KliARlAL SEAL Public tMRlAMtlE DR1IMMOND, Notary Genylburv 8010, Ada';" ~:lOC3 , /lit o-.bthn bpi... . ~:. . ~;F.. .- -"--"",;,," L - ,-"-, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAMS COUNTY NATIONAL BANK, Successor by merger to Farmers National Bank, Plaintiff NO. 2001-6233 v. MATTHEW J. EAVY, Action in Mortgage Foreclosure Defendant NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA. R.C.P. 3129.2 TO CREDITOR OR OTHER PERSON OR OTHER PARTY OF INTEREST: The real estate known as 51 West Big Spring Avenue, Newville, Cumberland County, Pennsylvania; 3 Parsonage Street, Newville, Cumberland County, Permsylvania; and 21 East Main Street, Newville, Cumberland County, Permsylvania, owned by Matthew J. Eavy, more particularly described on Exhibit "A" attached hereto, will be exposed to public sale at the Sheriffs Office, Cumberland County Courthouse, Carlisle, Permsylvania on Wednesday, June 5,2002, at 10:00A.M. Said Sheriffs Sale is pursuant to a Writ of Execution issued on the judgment entered by Adams County National Bank, successor by merger to Farmers National Bank v. Matthew J. Eavy, in No. 2001-6233 entered in the Court of Common Pleas of Cumberland County, Permsylvania. Claims against the property must be filed at the office of the Sheriff before the above sale date. Claims to proceeds must be made with the office of the Sheriff before distribution. A Schedule of Distribution will be filed with the office ofthe Sheriff on July 5, 2002. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the office of the Sheriff no later than ten (10) days from the date when a Schedule of Distribution is filed in the office of the Sheriff. The Sheriffs telephone number is (717) 240-6390. Address of the Plaintiff is 675 Old Harrisburg Road, Gettysburg, Permsylvania 17325. PURL, EASTMAN & THRASHER By: tt:F#- Dated: March 22, 2002 Ross H. Pifer, Esquire Attorney for Plaintiff Attorney J.D. #77071 220 Baltimore Street Gettysburg, P A 17~25 (717)334-2159 ..... :rB.f:J. CIJ,' ,,' .. ".l_ ---"-~--_._--_._---- .. - ~ . - - ;a;; . . I,., ' '. , ' . ',: " . . 't,' -'.,'". ,.' ..' '.. " ',' .AIi, th~t. ~e.rta:m ti-act oflandsituated in ine Ncirtb Wafd ofthe.Bor~gn ofNrie, County of Cumber).&.nd, State ofPeinisyl~a. b~ed and desoribed.as foll~ws: " . ". . ..,.' ". ., .""''''., ., ON the South by Parsonage Strer't, oIithe weSt by.lot now or formerly '<:,fR,aymo~d " Maxwell, et UX;' oil the'North by ChurCh Alley, ao,d on the East now or foimerly 9fthe ' PipefHeifs..". , . .. .:. ':",. ' . ' .cb~AOONG 31 feet on P~~e s~ more,~r I~; ~~ 'ha,ving an even width'~6 a , dePtl1ofi80~j:o'ChurchAlley. ....,', '. , " " . ,.' ,', ' , '., .,,", .:' :' , ,I. "., '" : ' . '~" BEING TIiE' SAME REAL ESTATE WHICH RlCHARD J;t BROWN. KEITH,L. " " ,BRO'WN and' d.EN:E:V:rEv.EB. REID, Ex~ors of the !,.as): Will and Testament of RUTH H. BROWN, by deed dated August 30, 1994 and r-eCordea i.l). the Office of the ' ' , RecOrder ofD~ds in and for Cumberland CoUlity in Deed Book 111, Page ,121, granted ~d conveyed to MATTEEW"J. EA VY, mairled J;l1llIt ;. " ." ..... ,:" ' '1 ' ". , ' ,~' ',' ,,' " ," ' -- ~~ . , .' . ' , '. . ". .. 'TRACT2:,.. ,.:: . ~ .' ":.. ' '.,., " .' " . ' " " . ',' Ari that ~ tract of ground situate in the Bor~ugh ofNew0ne, County, of C~perlaDd and State ,ofPeimsylvania," known' as part of Lot No: 33 in the Plan of said :BorQugh aIid bo~~ed and,described as. fonows to'wit together ~th the improvf1Il1ents .th~n erected: . .. ' , ONi:he South by ~ ~:treet;'on 1:I7.e North by'.Cove A.lley, on ti1e W~stb}. LOt No. '32 . ,now pr fOImerly owned bY Charles: Koons; ,arid on tlie East by apdther portion, ofI:.bt No. 33 ,now or formerly tlwhed by'K.P. smith. CONTAJ:NIN:G'thirty-:five (35) feet, a:Cll;l six ' (6) iliches, in front on Main Street; and one hundred eighty (180) f~ in depth to the alley, , by tliilllame in 'Width an~ 4epth, more or less. , ' . , ' '.', '. ' . \ .", .. ' ., . BEtNG '!'HE 'S~ REAL ESTAtE'~CH iOHI'{ F. 'om and SBIRtEY A. .' OILER., husband 'and wife, by deed 4at6d November '16, 199~ Iind,'reootcled in the Office or-the' Recorder ofDeedS in and for Cumberland County in Deed Book 131, Page 598' ' granted andoonveyed to JAMES A. MA.cKEY' and VERAK. MACK:EY hUsband an'd ' r . ,.. . ~. ' A$':B:EING THE SAME REAL ESTATE WHIcH JAMES A:. MACKEY an~ ~ K. MACKEY, husbanp anil,wife, by deed dated June n, 1998 and recorded in the . O~Cle of.the RecOrder of Deeds ,in and for Cll!lJberland County m Deed.Book 179, Page 657, gramed and coIiv,~ to ~'I:THEW J. ~ ':!' marrled man. ' , . , " ,.", , , , "!. .., j' , . .' ,:1 EXHIBIT A ',.' ".: :" '", " , ,I '.1 ',., . ~ ',' ',' ,. ,...,..:..~..- "'r '" ,,'.... ~"~_,.'"i~C,;.~IiM: '" ~,~" ~,,,. _.~ _, - ~ . ~ ~ - ~ - - !".. , , . .' " , . . . TRACTS: ,., , '.' .," , ' , '., . '. . '. , .: .."...r , ALL that. certain lot or par6el of ground,' toiether With the improvements. thereon, Situa'te , ,in 'the Borough ofNewviJle, Ctimb~land County; J?ei1Iisylvania, bounded' and desci1"J?ed, ~ follows: ' ,.': " ' " ':. , , .' " , ". ' .: " , " . '. ',' BEGINNrNG at the' int~secti!Jn of Liberty Ahy and :B~ spIujg ,AvenUe '(formerly , , Raifroad Street); thence by said Big Spz1ng Avenue (fornierlY:Raili'oad Strert),- Southward .. :fiftY-nlile (59) feet eight (S) inches to the lfue ofBethel,C1mrchJot owned~oy.' o~ fonnerly , by ~e First Church of God o;fNeWviIle, Pennsylvania, the.nce,by,the line ,?f said church " . . lot, Westward' sOOY-:i:ight (~S) feetto,Libert,)i,A1ley aforesaid; thence by said Liberty Alley, E~ard i1i~-one ,(91) feet. Two (2) inches to the p1~ ofBEGlNNlNG.' , " . , 'KNOWN and l1l.Iri1bered as N~. '51 Big Spring Avenue. , , . ' " . ' , , I' ' ~ 1 . . ,.,.. ,,' . , BEiNG THE SAME ,REAL ESTATE wmCH GERAin E. .ALLEMAN and iAREN $. ALLEM.AN, husb~d 'an~, wife, by deed dat~ Au~' 31, 1990 arid reccii?ed, in the OffiCe of the Recordet; of :Deeds ir1 and :for Cump~land Coilnty in Deed Book T-34, Page , , '. ' 333; granted and conveyed,to DOUGLAS R :a:E:rNEMi\:N"and 10 ANN HEINEMAN, , . " , bUsbanil and wife. ' .' '... ' " ,.", , . ,:', , , , . AND BEING m'sAME REAL ESTATE ~~D6uGLAS-R ~'~d, :., to ANN'HEINEMAN, husband and wife, by deed dated M;arch 29,.1999 8nd're~rded . " . . .intheOfficeot'theRecorderof:Deeds'in.andfoi'CuInberlanci':" County,granteditndconveyedtoMAT'tHEWJ.EA~, at B'ook 199, paga 309:.' .. . .. :., ' '". .. . . .;' , '" ":.;' , '. '. . . '" ". ...: , ";',' ,. ," ",. , i , :. 1 I ,;'. , .. " . ":'1 '/ ! . i ; , , ., '/ . , .' , '" ,h'lf'"\"J<n''i$tl:l' ~~.... ~ ,- ~ -' -" ~ ~. ,'J,~j,"J'~~ >>, , U. . P TAL - VICE . II!. I MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER "7u~C EASTMAN & '"RASHER ~<O""\; ~~~ ~ 22U Baltimore Street ,<, ~ I~I co c[ Gettvsbura. PA 17325 \.~5 I, !(II~I~ i ~ One piece of ordinary mail addressed to: g I' I'-- ~ \'I. ~.} . ~ Cumberland County Tax Claim Bureau ~~~~C) ~ Q"lNnC) " i' ... N'O .., If"'""LfUt\ 0-0-0 i' ~I'-N Cumberland County Courthouse J Courthouse Square - Carlisle, PA 17013-3387 fIIW) PS Form 3817, Mar. 1989 .s, POSTAL SERVICE CERTIFICATE OF MAILIl\I~' MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE POSTMASTER Received From: II ;~~ l<>tJ& I~ ~ ::: ~\1~1~ : ~ .? ff 10 "- , ~g~t~~ '~o .______~ t. } . CIl " ~~~Q1:: "<lINnQ ~ i' ... ,\"" i' __1<'1 III CO().O .. OC-"N PllHL. EASTMAN & THRASHER 220 Baltimore Street Gettychllrg, PA 17~?5 / One piece of ordinary mail addressed to: Borough of Newville 4 West Street Newville, PA 17241 ) PS Form 3817, Mar, 1989 -" ~- , ~ ~"~'^ ,-- ", - ~-~"'~.~~"."..", ','~' ,"- -, "'"""'--'""'-'-'~""-"".-'rf!!" -- -- ,,) (J r- 0 '-' C f'" -<1 J :;:;:: ".. -oC:l -:) nlG~1 /~:) 2 :'-i:'.::':' 23 ~ )"', i ' "-:7 l.'~" .,~'_ r (j) ~~ ro C:l,(~) -<.t:__ <c.: ~, v :~\ ::J ?;c) ::.~v.: ;..:;......<-> ~O "', -""'c.;:m U C ."~\ :3 ::.r..,. :D , t)1 -< "- ..., - ,~_~~~l" " ^ "~~~"'~~fM;r;;;jif!!'i"ij~~~f,-;p.',,':.~~~~~Wf}i1;:~ij''f.~~*'i;''~:~~,\:;~tf~,,"~~~'''' ;^' '-."';"'-"'''''''"^"",",- Adams County National Bank, Successor by merger to Farmer National Bank In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6233 Civil TErm VS Matthew J. Eavy R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Ross Pifer. Sheriff s Costs: Docketing Surcharge Law Library Prothonotary Mileage Levy Advertising Posting Handbills Share of Bills Poundage Law Journal Patriot News Postpone Sale Certified Mail 30.00 40.00 .50 1.00 31.05 45.00 45.00 45.00 25.20 25.99 609.50 404.95 20,00 2.54 $1325.73 paid by attorney 09/05/02 Sworn and subscribed to before me So~w7 # -Iv ' ~~I'IIV'~. ~~ This ~ day of ~..=-..L_ ) ~ ~ , o R. Thomas Kline, Sheriff 2002, A.D. 'r - Q. 'rr,dP,. "D~ ' r.J () , , 77 BY, J DeLL! dWlJ..Ll/l Prothonotary Real Estdte Deputy \;S'D tk 3 'lD6D ~ /;I'13or- . J'\'!.""lIl'''''''',,;,,~_=" T. -- ~ "~ 1 ~.~- , 1"""'1'-~~ - -~,....,--~ . ,.~' ~~"-~. ~~, ,. 1 0 !~ ~ '1 _'Z!" i i- I I I I I I I I i .. . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAMS COUNTY NATIONAL BANK, Successor by merger to Farmers National Bank, NO. 2001.6233 Plaintiff v. Matthew 1. Eavy, Action in Mortgage Foreclosure Defendant AFFIDA VII PURSUANT TO RULE 3129.1 Adams COUllty National Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real propeliy set forth on Exhibit "A" attached hereto, I, Name and residence address of owner. Matthew 1. Eavy 3 Parsonage Street Newville, PA 17241 2, Name and address of Defendant in the judgment: Matthew .T. Eavy 3 Parsonage Street Newville, PA 17241 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Adams County National Bank, 675 Old Harrisburg Road, Gettysburg, Pelillsylvania 17325. Plaintiff in judgment entered to No. 2001.6233 Borough of Newville, 4 West Street, Newville, PA 17241, Plaintiff in judgment entered in to No, 4849 of 200 I. ^,.jl;;'~\~~",_,,,,,,,,",~, ._",,",="''"'''''','''''' =~~, ,1-. "",,,. :'-',;;~_,*_'Till, " " Ii' II II ., , 4, Name and address of the last recorded holder of every mortgage of record, Farmers National Bank, succeeded in merger by Adams County National Bank, 675 Old Harrisburg Road, Gettysburg, PA 17325. Mortgagee in instrument recorded in Record Book 1541, at page 14. 5. property: Name and address of every other person who has any record lien on the Cumberland County Tax Claim Bureau, Cumberland County Courthouse, 1 Courthouse, Square, Carlisle, P A 17013 - 3387 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: None known to Plaintiff. 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: None lmown to Plaintiff. I verifY that the statements made in this affidavit are true and correct to the best of my knowledge or infonnation and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S."4904 relating to unsworn falsification to authorities. PUHL, EASTMAN & THRASHER Dated: 3IrJ/o~ By Ri?et,:1{- Attorney for Plaintiff Attorney J.D, #77071 220 Baltimore Street Gettysburg, P A 17325 (717) 334-2159 , ,~"' ",'''' "1 "! . .~ ~ . TRAC.T 1: " " ALL that certain tract ofland situated ininlN'cirth Ward of the ,Borough of NeWville, County of Cumberlaoo, State ofPeonSylvania. bounded and descn'bed,as follows: " , , , , . ... , " ON the South by Parsonage Street, on the West by lot now or formerlyofRaymond , MaxWell, et we, oil. the North by Church Alley, and on the East now or formerly ofthe ' Piper Heirs. . , ' , , " , CONTAINING 34 feet on Parsonage Street, moreor less, lindhaving an even width to a depth of ISO feet to Church Alley. ' , '. BEING THE~AME REAL ESTATE WHICH RICHARDRBROWN,KETIHL. ' BROWN and GENEVrEVE B. REID, Executors of the Las.t Will and Testament of RUTH H. BROWN, by deed dated August 30, 1994 and r-ecorded in the Office of the ,. Reco'rder of Deeds In and for Cumberland COUilty in Deed Book Ill, Page 121, granted and conveyed to MATTHEWJ. EA VY, mairled J;l1llIt ',' , TRArT 2: , ~, .-. . . , .. . ALL th.at certain tract ofgroundsjtuate in the Borough ofNewYille, County.of , Cumberland and State ofPennsylvania, known as part of Lot No. 33 in the Plan of said Bon>.ugh and boun!fed and ,described as follows to wit together with the improvements thereon erected: " , ON the South by Main Street; on t~e North by Cove Alley, on the West by Lot No. 32 now pr formerly owned by Charles Koons; arid oil the East byancither portion of Lot No. 33 now or formerlyowiled by'K.P. smith. CONTAlNlNGthirty-five (35) feet and six ' (6) inches in front on Main Street; and one hundred eighty (ISO) feet in depth to the ailey, by the siune in Width and depth, more or less. , , BEING THE SAME REAL ESTATE WHICH JOHN F. OlLER and SBJRLEY A. OILER, husband and wife, by deed dated November 16, 1995, ana recorded in the Office of the Recorder of Deeds in and fO,r Cumberland County in Deed Book 131, Page 598, ~anted and conveyed to JAMES A ~CKEY and VERA K. MACKEY, husbll!1d and WIfe., " - ,- " ' AND BEING THE SAME REAL ESTATE WHICH JAMES A MACKEY and VERA K. MACKEY, husbanif and wife, by deed dated June n, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 179, Page 657, granted and conveyed to MA'rTHEW J. EA VY, mwed man. ' . i i '! EXHIBIT A "F. '..:'...:-:..--..,.. -)i""~_,~~,,,,"_ ,_. -, 1 _ l,~ . -.~ ,I " TRACT 3: ,. . , . , , , , ALL that certain lot or parcel of ground, together With the improvements thereon, situate , in the Borough of Newville, Cumberl~d County, Pennsylvania. bounded and described as follows: " , , . '. ,. BEGI:NNING at the'intersection of Liberty Alley and Big Sp~g Avenue' (formerly' Raiiroad Street); thence by said Big Spring Avenue (fonnerly Railroad Street), Southward fifty-nirie (59) feet eight (S) inches to the line of Bethel Church ' lot owned I!QW or fonnerly by $e First Church of God ofNeWvilJe, Pennsylvania, thence by the line of'said church'" ' 'lot, Westward siXtY-eight (68) feet to Liberty Alley aforesaid; thence by said Liberty Alley, Eastward ninety":one(91) feet Two (2) inches to the place ofBEGIN'NING. , , ." " KNOWN and numbered as No. 51 Big Spring Avenue. , , , " ., .' BEING THE SAME REAL ESTATE WHICH GERALD E. AL~ and KAREN S. ALl.EMAN, husband and wIfe, by deed datedAu~ 31,1990 and recor~edin the Office of the Recorder of Deeds in and for Cumberland County in Deed Book T-34, Page , 333; granted and conveyed ,to DOUGLAS R HEINEMAN. and 10 ANN~, husband and wife. ' " ' . , ., . . . AND BEING THESAME REAL ESTATE WHICH DOUGLAS R HElNEMANand , JO ANN HEINEMAN, husband and wife, by deed dated March 29,1999 and recorded . '. in the Office of the Recorder of Deeds in and for Cumberland' . County, granted and conveyed to MATTHEW 1. EA VY, at Book 199, page 309,. i '.fMIW'fl'j,~"~,..,. .','F".- ~ ~_','r' 1_ 0 "",!_ ", .~~ . '" , ,-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA CIVIL ACTION - LAW ADAMS COUNTY NATIONAL BANK, Successor by merger to Farmers National Bank, NO. 2001-6233 Plaintiff v, Matthew 1. Eavy, Action in Mortgage Foreclosure Defendant NOTTeR OF SHRRTFF'S SAU? OF RRAL PROPRRTY PlJRSlJANTTOPA. R.C.P. H29 I TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held on Wednesday, June 5, 2002. at the CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PENNSYL VANIA 17013-3387 at 10:00 A.M., prevailing local time, THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured bOUlldaries of the propeliy, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL I DESCRIPTION ATTACHED). , THE LOCATION of your property to be sold is: 51 West Big Spring Avenue Newville, P A 17242 3 Parsonage Street Newville, P A 17242 21 East Main Street Newville, P A 17242 THE JUDGMENT under or pursuant to which your property is being sold is docketed to: Civil Action No. 2001-6233, The name of the owner or reputed owner of this propeliy is: Matthew 1. Eavy. 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 within ten (10) 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, Infonnation about the Schedule of i"''''''';:'i~~"" H ~,_ ;'?_".'I"__ I~IJJIJ" . -, r- ,.-~. .' ~ "~, - - , ,I I Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland COlmty Courthouse, I Courthouse Square, Carlisle, PelIDsylvania 17013-3387, (717)765-2641, Ext. 27, THT.'> PAPFR T.'> A NOTTeF OF THF TTMF AND PTAeF OF THF .'>AT.F OF YOUR PROPFRTY. 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, 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, PA 17013 Telephone: (717) 249.3166 THR T.FGAT. RTGHT.'> YOTJ MAY HAVF.: ARF: I, You may file a petition with the Court of Common Pleas of Cumberland County, to open I the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or procedure used against you. 2, After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's deed is delivered. 3. A petition or petitioners raising the legal issues or lights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled business court sessions, The petition must be served on the attomey for the creditor at least two (2) business days before presentation to the Court and a proposed order or ~V'I\!'i"~~', '';'''_",_~,._"=;~","_ _., .'1'."_ cl ',- ,- rule must be attached to the petition. If a specific retum date is desired, such date must be obtained from the Court Administrator's office, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pelillsylvania 17013-3387, before presentation of the petition to the Court. PUHL, EASTMAN & THRASHER l1211~ Ross H. Pifer, Esq. Attomey for Plaintiff Attomey!.D. #77071 220 Baltimore Street Gettysburg, Pennsylvania 17325 (717) 334-2159 "'~~~ -'. ' , 'f Y .," '..E::::__,~wr,. ,I TRACT]: " .', , ALL th~t certliiD tract ofland situated iIi the Ndrtb Ward of the. Borough of Newville, County of Cumberlaoo, State ofPemisyl~ania, bounded and descn'bedas follows: ' - , ON the South by Parsonage Street, on the West by lot now or formerlyofF,aymond . Maxwell, et we, oil the North by Church Alley, and on the East now or formerly of the - Piper Heirs. . ' ' . , ,CONTAINING 34 feet on Parsonage Street; more,or less, and having an even width to a depth 0080 feet to church Alley. ' .. . . "".,"... BEING THE SAME REAL ESTATE WmCH RICHARD R. 'BROWN.KEITHL. ' BROWN and GENE:v1EVE B. REID, Executors of the Las,t Will and Testament of , , RUTHH. BROWN, by deed dated August 30,1994 and r-ecorded il;J. the Office of the "Recorder of Deeds In and for Cumberland Couilty in Deed Book 111, Page 121, granted anti conveyed to MATTHEW J. EA VY, mairled J;l1llIt ',' TRACT 2: , ., ALL that certain tract of ground situate in the Borough ofNew0lle, County. of CuIi-tberland and StateofPeimsylv~a; known as part of Lot No~ 33 in the Plan of said BorQugh and bounc:led and ,described as follows to wit together with the improvements thereon erected:' , , , , ' " . ., .. ' ..'. " . ' : - '.. ,"(. " ON the South by Main Street; on the North by Cove Alley, on tlie West by Lot No. 32 now or formerly owned by Charles Koons; and oil the East by another portion of Lot No. 33 now or formerly owiled byKP. Smlth. CONTAINING thirty-five (35) feet and six (6) inches in front on Main Street; and one hundred eighty (180) feet in depth to the alley, by the siunein'width and depth, more or less. , , BEING THE SAME REAL ESTATE WHICH JOHN F.OILER and SHIlUEY A " OILER, husband and wife, by deed dated November 16, 1995, Bndrecorded in the Office ofthe R.ecorder of Deeds in and for Cumberland CouiIty in Deed Book 131, Page 598, granted and conveyed to JAMES A MACKEY and VERA K. MACKEY, husband and , , - wife.. , , . .. . .. AND'BEING THE SAME REAL ESTATE WmCH JAMES A MACKEY and VERA. K. MACKEY, husbanp and wife, by deed dated June 11, 1998 and recorded in the , Office of the Recorder of Deeds in and for Cumberland County ih Deed Book 179, Page 657, granted and conveyed to MATTHEW J. EA VY, married man. ' , EXHIBIT A I ! ,. .",*:-:-,._~., "~,,,,,-....,,.,,,!, ""'.'7'" -, n' ,." , . ,,..,,. " .' TRACT 3: . .... , . , ., . . , ALL that certain lot or parcel of ground, together With the improvetIlents thereon, situlite , ,in the Borough of Newville, Cumberland County, Pennsylvania, bounded' and described ljS follows: " . BE~INNING at the'intersection of Liberty Alley and Big Sprlt)g Avenue (formerly Railroad Street); thence by said Big Spring Avenue (formerly Railroad Street),- Southward fifty-nirie (59) feet eight (8) inches to th~ line of Bethel Church -lot owned nOW or formerly by tile First Church of God of NeWville, Pennsylvania, thence ,by the line of said church" 'lot, Westward siXtY-eight (68) feet to Liberty Alley aforesaid; thence by said Liberty Alley, Eastward njnety~one (91) feet Two (2) inches to the place of BEG INNING. KN:OWN and numbered as No. 51 Big Spring Avenue. , ' BEiNG THE SAME ,REAL ESTATE WHICH GERALD E. 'ALJ;.EMAN and KAREN S. ALLEMAN, husbartdand wife, by deed dated August 31,1990 arid recorded in the Office of the Recorder of Deeds in and for Cumperland' County in Deed Book T~34, Page . 333; granted and conveyed.to DOUGLAS R. HEINEMAN..and 10 ANN HEINEMAN, husband and wife. ' ",' , . . . . , . . .. , ' ... . AND BEING THE SAME REAL ESTATE WmCHDOUGLAS R. HEINEMAN and, " JO ANN HEINEMAN, husband and wife, by deed dated March 29,1999 and recorded . in the Office of the Recorder of Deeds in and for Cumber!!uid County, granted and conveyed toMATTHEWJ. EAVY, at Book 199, page 309,. , i ""~":""'""". _, __~ _. e,. . "-^"'- ,- ~- ~" ~. , WRIT OF ExECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ADAMS COUNTY NATIONAL BANK Plaintiff (s) From MATTHEW J. EA VY NOOl-6233 Civil CIVIL ACTION - LAW (I) You are directed to levy upon the property of the defendant (s)and to sell SEE EXHIBIT A ATTACHED HERETO FOR 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; (2) tfproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $225,191.82 Interest 10/20/01 at a per diem of $50.46 Atty's Connn % L.L. .50 Atty Paid $122.15 Plaintiff Paid Date: MARCH 13, 2002 Due Prothy $1.00 Other Costs CURTIS R. LONG REQUESTING PARTY: Name ROSS H. PIFER, ESQUIRE Address: 220 BALTIMORE STREET GETTYSBURG, PA 17325 Attorney for: PLAINTIFF Telephone: 717-334-2159 Supreme Court ill No, 77071 Prothonotary, Civil Division 0, OAn~ k5k~ '''-''''"F'''''n<;,,,,,o,J!1iiI, r< - ~~'I --~ ~, ~-~~"~r'~ ~"T'~~~ r - ""'-' u..,... ~:::;, ~.... ~;r. ..,.,..,- ~,;., ;','=':i (,.t ~ o , cO ~. c, ~ . Real Estate Sale # 4~ On March 14,2002 the sherifflevied upon the defendant's interest in the real property situated in Borough of Newville, Cumberland County, P A known and numbered as 51 West Big Spring Ave., Newville; 3 Parsonage Street, Newville; and 21 East Main Street, Newville and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 14,2002 By: -J{JeL-; J~ Real Estate Deputy ,04. t .,.",- ~_c' ...:-1.: :;,1"" - ~_",,J ',n ~~ ::c \..!r.,-' _ :");.L u: ~ e:s u..,.C' - o ;:0::: -:r .)A: -L,G 0... w , ~=,.'"-~~,~,--">" "",^.,.""""""" _ '__I '~, ~ ~ c::;;:;.\ ~ ~ ',.",~--~, ~"' ,'~""~ . ]lrmD~!il~!I~~~,,"~'F_ ,~')I!r~l1!ilI~iIi~RiiI-~~'\f~~~:~~,_.,... ,~. ~_,~,,,,",,~_;""',_n~JJ!!1 JnI111lfj(~1IT1)I~"j@v!n\l"',-0,"" ["''''''->:''l;:Y~''f'''~,j~~;l1!t:rniJ1'l~~~I!~~;r\.~_,_, ,,__,,)~r;~' ,~"''''''''!':''O'~ ,~. ,>. -,~",.~." ".~- "'.-.~~- r~ i~~~se.~~Jf 'i.CIvIIT8!Il1 ",. ' Nauo'\"1"&1., "l'IIiOO'i",~." ,iSyll1.,w, Fa"i"i"NllI'ioriilraank ,. ., "iVS , ',MatthewJ~.E~ . " . .'Atty:~qssil,Plrer PESClWTIOW ,.',. .,,',,' TRACT, l::ALL,tliat ceI18ill,tract:of,latld,ll'itpat~ in.th~,North Ward ol,l\i,B.rjj!lli~,ofiN,!\'ViIle; Co, un. \Y'OI,"eu.. ,.II!i><l. '" '!"'I, ' ~;.,.,.S.\iI\e.,.., '. .""..~I, .~. ,y,IVa\Jia" bound;dang'd'iFl1b!~Iil'lol!ows:. ",i . ' ONth, South by,Paiso!ai!;S~4 on \i1eW,,' by l,tnQW or,fQtm'r1y,OI.'RiiYri1PodMlixWelJ;et'~ ontlie',Nortb"by:,qu,:on.411'y,.'*l'Olk.th..Baot IIllwor)iirll)erly'?ft!le,!'iIi'l',l!~..." ii' CQ~AiINWq:3,4 l"'tionP!k~n~S\l;<411l11N OI}~,ss"ll!1lt:b~ym'g ,!lII:e\;~n width to'a'deptlhi 180 fiott!r,OI>rilClii\lley.<' ,". BEING T!I!l""'le ""'!1 ...."'whichlli\'har<l;R' Biown,K~\Is;J;,;,B_ ,!!~o,!l'yj;~,B.~1\, . ExeClltolS "olthe 1.;ls'.V,rill}lIid Teslht!lent of a,th Ft. B. ""',o,.ny.deed.,,' , ~a"ted,.. Au.', ,i!'~t~~l<m.",...and.,'" recorded in:t!le 0!li1l';qI1l\e. ,'; De<idsin aod lor eu111bOrlai1~;~(y , 'lIook 111, Peg; l21"gran"'d,and, "1,,~ J. Eavy, marnedlilarr,.,.i; ":k,' Tl\;\Cf 2iAu.tlllifClJllaiq trac.\,p!8J!njndsl_ in the B<>!Q'i1i:.:qf,;jj,w,ilJl~i.i~\lIIty 01 Cwnberlandaod'~jt\l<ipl '"lroown as partofLotNO',~31~Qie; i"'. ,and I>rn!nded aoddeS9fi" \lttJ<>g<ther , Wi.~t:hejIlJPlJ;lretneIlts OKth,.Sunthby.M, . ,)!l>Ilh by C,oVt;.,~~.Qn_tbe,We~t'; , _,', ."'~':~V('or furqlcrly' owne4 by Ch3rles KOOm1;:.a44.',9w.the Baotby ~l\i;ii portion 1jI'.,Lo\; !ol(},!.i~~,lll1\l'or form"ly ~W11idby ,~,~.~P,;th;COm'A11iIIlI(l fiy.;g1511el\a)1'.siJi (6) lliQIl~i\p,#oittll)i,~ Stie;!,and;On,l)bndreU eig!i~(180)!0I\ iI!.dipth to,\lse,uey,bj.theoIDlteinlvidl\i ~d~jptQ; 1110re o~l~, . r 'i. ",.:': j~ ~taii> wlliq~ 19'\1itF,Ouer a!lll ' )js.biJ!4.!n4.,~~~.by<!<<d dated N, ,...19Qj/!n<!.reeO!J\e!l Uithe ,~ ,of\ls;,j(ec011\<:to!D;~' m,'!fld>lor ~'Couljtymp#~gp~lH.)'*.~8; , =~~~~~W~r:rt.i~;and A1IDiIlll!NGf!1E~,* f@ O$ta",;~bjch~unt" A.1.I1cl;<y and Yeja.i<i,.liIacj(ey. )IJIi~1II\l!1!!l<! .wile.' f.h.J.,A,ed,'. ',daIJ:.',dJ,',n,',', !.,I.;.I@Q..,'~",\.I!!l<!, .lJl,\,'.,!O~W., !he 'Ofllee.of.th, Recisrdet.ofoew",1ji aMlor euiqberland Cmintyii) D<;d Ilook 119, Pai;6;il, 'i\>IIt<d J!Ild "'I!\'!yed ljJMatthe~ J. Eavy, ni;mied man, ".'. .;,':'".. -:' ~ .. '. " '.-': ' TRAct 3:'W- !hat:,i~a41.\,torJl'\l)'<t~1 grOliPfJ.,tog~tb~.~ -with. tht; j1!1~ym~I1t$.Jq~~, rri.ttJa4i 1n the :,BQl'9ugJ,1lif)''l"ew:WI~,;,Cuihb~Jand Cqanty, Pellllllylva,rUa; ~bopnd~q.:an~L dest;rib~j:1-',as 10U9W'i,.' , , . ,', B~G:~.the,in"'lSi<:ti'o of L1~,Illey aod ~jg Spr1~Aveoue;(fOl;mer1yRaikoad Scree!); theoee . by smd. B,gSprmi Avenue' (formerly, Railroad Sireel)iSouth, ward fif,ty.nfne (59) reet ei~t (i) incbes toth;'IiI\'''fBethel Ch''9b lot 0Wne4 ,now.. rn:',:~(lmil!f~Y,;.br (be):'irst"(::hurch of. God o(Newyilll};'.P~ni\s.yl.,.th~~~ by 'the line of sliid cb,,,blo!W;.I\W,,dsl;<ty, eight (68) leet to LIberty .All;yaf~'ls~d;\h,oce by, s~d Liberty Alley; Eastward timety.one(9!) leel.1Ivo (2) iitQbI>;,totheplaceofBEGINNlNG,' , KNOWN aodnumbet<d as No. 51 Big Sprlni AVeJIue, ., : :':.:.-'''',:"?, IlIlING THE sani"re~;~lueivhi'~iiJcrald E. AIlemao and Knren S,.-\1J'IDlll1..~",haodari,.wffe, \11, deid dated AuguSt3.!, .!'1\IO:,and.recorded'in the' Office of the' Re;C'qfdet':{lt Deeds in' ~ for ~uin~erlaod County,l~ Peed, ~opkT'34; !'age ~3~! ."gnmt~, and,"~99v,~y~d..,}o. D(luglas R. Hememan andrJo Ann Hemel11aJ!,; husband and w.if e, ': , .'. , : ' '~ ' , . : -' . ' AND BElNG.TH~'same ~-4'-~slate:\\Ihic~J)oqg~.R. lJeinen!llll.l~nd Jo;Ann Hciueman, lfusbam!.and,:wi(e, .bjode;djat<<i M'",h 29.1l!99and,reCQrdedIo the Office ,of the Recorder, of DeJXis .in' ,an~' for <;um,berlaod. ClJl!llty. granted and conveyed to Motthew J. Eavy, at Bookl99i,page3W. _n~'T~'C--:' ,",' ~ ~ ~ :. , "~,=~ fTT"nrr ~ " 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 Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav 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/ Melro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317, PUBLICATION COpy SALE #44 ~...~.......................,....................... worn 0 an ~~~r~eal 7th day: M 02 A,D. Terry L, Ru..~II, NotalY Public Harrisburg, Dauphin County My Commission Expires June 6. 2002 Member. Pennsylvania ASsociation 01 Nota~ RYPUSLlC commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 403,20 1,75 404,95 Publisher's Receipt for Advertising Cost . . The Patriot News Co., pubiisher of The Patriot-News and The Sundav Patriot-News, newspapers of general cITculalion, hereby acknowledge receipt of the aforesaid notice and publiCation costs and certifies that the same have been duly paid. By...,.,.,.,.....,.,.,.,.............,....,.,.,.,..,.,.".,.,.,.,..." ,---,'-'"p.f~_~ ,-' ~,- -, , ~~ , ,~~ -=-~- ~ r ,. i; r: i 1"'.1~,..,., :",,""',.- __ BSltA'llE SALE NO. 44 Writ No. 2001-6233 Civil Adams County National Bank. Successor By merger to Farmers Nil-lional Bank vs. Matthew J. Eavy Atty.: Ross H, Pifer EXHIBIT A TRACT I: ALL that c.ertain tract of land situ- ated in the North Ward of the Bor- ough of Newville, County of Cumberland. State of Pennsylvania, bounded and described as follows: ON the South by Parsonage Street, on the West by lot now or formerly of Raymond Maxwell, et ux, on the North by Cburch Alley, and on the East now or formerly of the Piper Heirs, CONTAINING 34 feet on Parson- age Street. lTIOre or less. and hav- ing an even width to a depth of 180 feet to Church Alley, BEING THE SAME REAL ES- TATE WHICII RICHARD R. BROWN. KEITIi L, BROWN and GENEVIEVE B. REID, Executors of the Last Will and Testa;ment of RUTH H, BROWN, by deed dated August 30. 1994 and recorded in the Office of the Re- corder of Deeds in and for Cumber~ land COUlIty in Deed Book I II, Page 121, granted and conveyed to MAT- TIiEW J, .EAVY, Married man, TRACT 2: ALL that certain tract of ground situate in the Borough of Newville. County of Cumberland and State of Pennsylvania. known as part of Lot No, 33 in the Plan of said Borough and bounded and described as fol- lows to wit together with the im- provements thereon erected: ON the South by Main Street; on the North by Cove Alley, on the West by Lot No, 32 now or formerly owned by Charles Koons: and on the East by another portion of Lot No, 33 nqw:or formerly owned by KP, Smith. CONTAINING thirty-fIve (35) feet and: six (6) inches in front on Main Street; and one hundred eighty (180) feet in depth to the al- ley, by the same in width and depth. more or less, BEINGTIiE SAME REAL ESTATE WHICH JOHN F. OILER and SHIR- LEY A OILER. husband and wife. by deed dated November 16, 1995 and recorded in the Office of the Recorder of Deeds in and for Cum- berland COUIlty in Deed Book 131, Page 598. gr81lted and conveyed to JAMES A. MACKEY and VERA K, MACKEY. husband and wife. AND BEING TIiE SAME REAL ESTATE WHIPH JA!\IIES A. MACK- EY and VERA K MACKEY, husband am;l wife, by" , deed dated June 'll, 19i9$ and ,..,.areed in the 0I'fIce Af 1,1-,.', : '~c:;:r11l!m~I~~~i ~' :~~~L: ,. ';!~0~~ i~ the Recorder of Deeds in and for Cumberland County in Deed Book 179, Page 657 granted and con- veyed to MA'ITHEW J. EAVY. mar- ried man, TRACT 3: AIL that certain lot or parcel of ground. together with the improve- ments thereon. situate in the Bor- ough of Newville. Cumberland County. Pennsylvania. bounded and described, as follows: BEGINNING at the intersection of Liberty Alley and Big Spring Av- enue (formerly Railroad Street); thence by said BIg Spring Avenue (formerly Railroad Street). South- :vard fifty-nIne (59) feet eight (8) mches to the line of Bethel Church lot owned now or fonne~ly by the First Church of God of Newville, Pennsylvania. thence by the line of said church lot, Westward sixty- eight (68) feet to Liberty Alley afore- sald; thence by said Liberty Alley, Eastward ninety-one (91) feet Two (2) inches to the place of B:EGIN- NING. KNOWN and numbered as No 5 I Big Spring Avenue, . BEING TIlE SAME REAL ESTATE WHICH GERALD E. ALLEMAN and KAREN S. ALLEMAN, husband and wife, by deed dated August 31. 1990 and recorded in the Office of the Recorder of Deeds in and for Cum- berland County in Deed Book T-34 Page 333, granted and conveyed t~ DOUGLAS R. HEINEMAN and JO ANN HEINEMAN, husband and wife AND BEING TIiE SAME REAL ESTATE WHICH DOUGLAS R HEINEMAN and JO ANN HEINEMAN' husband and wife, by deed dated March 29. 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County granted and conveyed to MA'ITHEW J. EAVY, at Book 199, page 309. -\ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that 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: APRIL 26, MAY 3,10,2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Joumal, a legal periodical of general circulation, and that he is not interested in the subject matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~'Edit" ' SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002 N()'Jj LOIS E. SNYDER. NoilIly PublIc CarIiaIe Boro. CumIlerIlInd County My Comlllisllon ElqliI88 Man:h 5. 2.005 -.'~~':C." ,,~~- " . -' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL [jIVISION PRAECIPE FOR WRIT OF EXECUTION vs. ( ) Confessed Judgment (x ) Other File No. 2001-6233 Amount Due $225, 19 I .82 Interest per note from 10/21/0] at a per diem of $50.46 Caption: Adams County National Bank, successor by merger to Farmers National Bank, Plaintiff Matthew J. Eavy, Defendant Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland for debt, interest and costs, upon the following described property of the defendant(s) See Exhibit A attached hereto for legal description. County, PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date 4/7/03 Signature: Print Name: Address: l2l/t~ Ross H. Pifer, Esq. 220 Baltimore Street Attorney for: Telephone: Supreme Court ID No.: Gettysburg, PA 17325 Plain t iff (717)334-2159 7707 ] (over) -- ,- "~. ;j__O,_~"""",,,!~,""'._,_." '''<,,= -t, .~-~- --":~r"'~ - " ~ " _., ~1N I ~ ~~~ . ."- ~'"'" -=~ ~ ~ - "' ",-'G'c.;'j" '. Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. KJ ~ W j~ '+ -- - (') (,.J LV 't ~ ~ r- ~ ~ W r: k{ VI ~ It. ~ C) CI ~n b:J c -l:: -p ...... ~ ~ :;-""', -cQ... ~ frl ~ )J W -ace ,... CIl fI'l !'i D..:;:~. . z:t 0 IN D 0 . 0 ~ ~ - (f) ,- 0 ~ C 0 fr) -< , ," () 'C2 I I J I ~ ~'i~ -' ~ ~~"' ~ .<.-. , -? c:' .:: , , ~:p "...... , :: :- , .:: . .::: , fJ::Jt:.. - - -.. ~ _c~_ " T~-t;="J.""...._ ~'~,oL""""_O. c_,__!~L~~ .'" -~,- :)r:~'_~'I~""'}i\i%~-,,"~l'J,'mi"fr.ff$~.mffi!~!';:Jli;'l[fiii:'l"fI!'~*,nq!~w,~;~ljI~Ii!'~~~;r;;:~l~:-' ~-_- .p1\$:~ - 1 ~ c- H.lnJr'i':"'"'"'' ,~ ., ....1. I.., . .' ' " '. TRACT t: .' " . " . . . ~ that~ ~'of~d ~ ~'~~~~ W.id'Ofth~~O~gh ofN~e. Co~ty,ofCumberJincI, State ofPemisyl~ bo~~ and des~'bed.aslbnoWs: '. ON the South by Parsonage s~ on the welt by,lot I1~W or fomierly"~fB.aymo>>:d , " MaxWell, et ux. oil the' North by ChurCh Alley, anp on the East now or ~erly 9fthe . Piper Heirs. ,:" . . ..: " ..' .' . ~. .. " ' , ,CO~AIN.rNG j4 feet ~P!U'80na8e ~ more.~r leSs, ~'ba,vmg aneve:i1 width'to a deptl1 of180 feet ,to' ~ .Alley." .' . '. ., . " " " , '" '. .,':. " .,1: . ,! . , ' ..'" ".'. "~ . BElNG THE SAME REAL ESTATE WHiCH RlCHA1ID~' BROWN. w',rB.L. " . BROWN and' GENBVmv.E B. REID, Ex.ilcutorsofthe I,.ast Will and TeSt8ment of Rt.TrH R BROWN, by deed dated August 30, 1994 and reCorded il:1 the O:ffi~'ofthe. ' " R,.ecOrder ofD~ In and for Cumberland Cowity in Deed Book Ill, Page 121, grant~ , ani:l co1iveyed toMAlll':l.eWJ. EA VYi mairled I;lW1. . . . .\.... , .' " . , ..., . . " , '. , 'T'RACT 2: . ., ". ;, ". '. . , ,., ........ -:.:"," .,. ' ,.' " ,"' ,'" '::. , ' . ALP that certB,in tract of ground sjtUat~ III the Borough ofNewv.i11e, County. of ... C~erland and State ,of.PeimsylV811ill,,' known' as part of-Lot No: 33 in the Plan of said Boro.ugh ani! bOUl1!ied and.described as lbllows to :wit togel:hai" with the improv~ents thereon erected: : .' '. . . O~the SOUth by ~ $treet;'on ~e North by'.Cove Alley, on tHe w~ by.'LOt No. '32 ' ,now pr foimerly ownecI bY Charles; Koons;, arid on.the East bY lI.!1dther portion. oflot No. , 33 .noW or fotmerly owned by'V. smith. . CONTAJ:NIN:G'tbirty-:five (35).~ and six ' (6) inches, in front on ~ Street; and one hundred eighty (~80) feet in depth to the alley, by 1:I!e Sime ill 'P4dth an~ depth, more or less., .' .' " " ',' ..' " ',.,' ' ." ' : BEiNG TB::E'SAME REAL ESiATE' WEqCB JOHN: F. bm and SmRr.iw A .' OILE;R. husband 'and wife, by deed4ated N:ovember '16, 1995. 8nd reCorded in the OffiCe of the Recorder ofDeedB in and for Cumberland County in Deed Book 131, Page 598; , granted and conveyed to JAMES A MACKEY and VERA K. MAc.x:EY, hUsband and wife, ", " .' , .' .., " ., , . '. ' . , , " . ' " .AN.D'BlCING m SAME REAL ESTAtE WHIcH JAMES A MACK:EYand ~ K. MACKEY, husbanp and 'wife, by .deed dated June II, 1998 and reCorded in the O~oe oftbe Rec6rder of Deeds in and for Culnberland County in Deed.Book 179, Page 657; gramed and co~ to MA'l:uti!.W 1. EA VY, mBrrled man. . , , . .,..\ .", , ' ~.., . EXHIBIT A '. ' __o'Wr:<',."_ ~~,~c_ , , - ~- , '_-I_c'f' . " -~ , .--, ,-. '. ! ...' ,., . ". ,. " .; " . .' . " T1Ur.r~: ' . ,.,. . , '. ' ' '.; , ' , . ALL thai ciirtain lOt orp~ ofw-ound,' fO~'with the impro~ents thereon. Situate , ,in the Borough ofNewvi1le, Cumbilrlllld County, 1\ennSyivauia, bounded' and desciil?ed,llS f'oHows: .' '. " BEGINNING at the'int~i~n OnAoetty Aneyand ~ig S~.Av~'(forinerly . . ' Raii'ro~ Street); thence by said Big Sprlng Avenue (formerly;R.aih:'oad $tril~).. Southward .- fiftY-DiDe (59) feet eight (8) inches to the line ofBetheI,C1Jurch.lot owned'I!OW or fcirmerly . by ~e Fust Church of God 0:fNeWviJ1e, Pennsylvania, thence .by the:tine ~ ~d ~ ,', '. lot; Westward' siXtY. (~8} feet to Lib~.Alleyaforesaia;'tbence oysaid Liberty Alley, Eastward Dinety-'One.(91) feet. TwO (2) ~ches to the place ofBEGIN'NING. . , ,', . "' . , . . : ~' KNOWN and nwi1b~ as No. '51 Big Spring Ave'nu~. . > ., . I,' . ,. \, .." " BEiNGTBEsAMJi;nALE8rA,TEwmcH~E.:~~KAuN . . $. ALl:..EMAN, hu~~Ji(!,~,v4fe, bY deed dated Au~ 31, 1990 arid m~. in the . . OffiCe of the Record~ of1:leeds iI! arid fjJr Cuml;l~land Coimty in Deed Book T-34, Page . . 333; Pted and conveyed.to DOUGlAS R $lNE.MAN.,and 10 ANN HEINEMAN, ' , , 'lnisbanil and Wife.' , .,.',. . , . . .' . AND BEING TIm' sAME REAL ESTATE wmCH: DOuGLAs 1l :B:B.INEMAN'~d " . JO ANN-HEINEMAN"husoand' and wife, by deed dated M,arcli 29".i999 and.I'et;Orded ,'.. , , in the Office of the Recorder ofDeeds'jn,and fur Cumlier1aIici ' County, grimt!ld 8nd oOlf\leyed to MATTHEw 1. EA Yr, at B~ok J 99, page 309:.' .. . " ,.. , , ", ' , .' ;." . i ., ~.. '," ", j. , ..' ~-':.,- -"._-,~~,,~- -~ ,,-."., ~~. " r-~ -! 0_. _ :J? WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ADAMS COUNTY NATIONAL BANK, SUCCESSOR BY MERGER TO FARMERS NATIONAL BANK Plaintiff (s) From MATTHEW J. EA VY, NO 01-6233 Civil CIVIL ACTION - LAW (I) 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 orfor 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $225,191.82 L.L. Interest PER NOTE FROM 10/21/01 AT A PER DIEM OF $50.46 Atty's Connn % Atty Paid $1445.38 Plaintiffpaid Date: APRIL 11, 2003 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG ProthO:t'; Q 2Zf -.Bv: 0- II. . f':J1AAI. r Deputy REQUESTING PARTY: Name ROSS H. PIFER, ESQUIRE Address: 220 BALTIMORE STREET GETTYSBURG, P A 17325 Attorney for: PLAINTIFF Telephone: 717-334-2159 Supreme Court ill No, 77071 ;::-"'#;iiBi}!i;. --.- '~1"~ ~ .- -~~" ~".,.,,(II!lIlll!lII~_,-, ~ G !!?".J"k '_c_"~ "-'~"',i:".!',_, '. " . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAMS COUNTY NATIONAL BANK, Success.or by merger to Farmers Nati.on~ Bank, NO. 2001-6233 Plaintiff v. Matthew J. Eavy, Acti.on in M.ortgage F.orecl.osure Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 I I i 'I II I I I i .:j il 'I ,: !: :i Ii " :1 I' " " ii " II I Adams C.ountyNational Bank, Plaintiff in the ab.ove acti.on, sets f.orth as .of the date the Principe for the Writ .of Execution was filed, the f.oll.owing inf.ormati.on concerning the real property set f.orth.on Exhibit "A" attached heret.o. 1. Name and residence address.of .owner. Matthew J. Eavy 3 Pars.onage Street Newville, PA 17241 2. Name and address .of Defendant in the judgment: Matthew J. Eavy 3 Pars.onage Street Newville,PA 17241 , , , .i 3. Name and last kn.own address of every judgment credit.or whose judgment is a record lien .on the real property t.o be s.old: 'I Adams C.ounty Nati.onal Bank, 675 Old Harrisburg R.oad, Gettysburg, Pennsylvania 17325. Plaintiff in judgment entered t.o N.o. 2001-6233 Borough .of Newville, 4 West Street, Newville, P A 17241. Plaintiff in judgment entered in t.o N.os. 2001-4849, 2002-435, and 2002-2553. :,\ Agway Energy Products, P.O. B.ox 250, Delmont, PA 15626. Plaintiff in " judgment entered t.o N.o. 2002-2503. i I I I i '. ii Ii I' Ii I' ,I 'I I' ---'"^" ,- ",.1 , i - " ~.~ f',p""...<. p . ,I I I 4. Name and address of the last recorded holder of every mortgage of record. Farmers National Bank, succeeded in merger by Adams County National Bank, 675 Old Harrisburg Road, Gettysburg, P A 17325. Mortgagee in instrument recorded in Record Book 1541, at page 14. I: 5. property: Name and address of every other person who has any record lien on the Cumberland County Tax Claim Bureau, Cumberland County Courthouse, I Courthouse Square, Carlisle, P A 17013-3387 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: !I II I, ,I None known to Plaintiff. 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: ;i ;1 , Dewan Lea Eavy, 3 Parsonage Street, Newville, PA 17241. "' !i I I :1 ,I :1 I I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. "4904 relating to unworn falsification to authorities. PURL, EASTMAN & THRASHER q II D ed 'I at: ,[ 4/7/03 By !ir~ Attorney for Plaintiff Attorney J.D. #77071 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 , II 'I Ii i , I :i 'I :1 il I' ;1 !: Ii " ,I 'I Ii iJ '. ".":['<./'.0 ,.., "-'," .," ",j',~. I'. ,~ ,.n ',.' . , .... rR~r.T1: " , ALL that certain ti:act'ofland situated in.fIle North Wafd ofthe,BorouSh of NeWville, Cou~tyofCumber!aoo, State ofPennSy1vaniB. bounded and descrt'bedas follows: " ON the South by Parsonage Str~ on the weSt by.lot n~w or io~erly 'ofR,aymond , . MaxWell, et!IX, oil the North by ChurCh Alley, an4 on the East now or formerly pfthe ' Piper Heirs. , :. - , , . " , '. " , ,CONIAooNG 34 feet. onP!ll"Sonage S~ more,or leSs,lind 'haying an even width to a deptil. of 180 feet to' Ch1J1'ChAlley.' ,,' , . , " " ... '.. ., ,,' :, ., ,:': . ,~ " , ' , . .,~ ,." . : . BEING THE SAME REAL ESTATE WHICH RlCHA:RD ~ BROWN.KEITH.L. " , BROWN and dENEVIEVE B. REID, Executors of the Last Will and TeStament of RUTH H. BROWN, by deed dated August 30, 1994 and r-eCord~ il,1 the Office. of the ' " ~rder ofD~eds In and for Cumberland CoUiltyin Deed Book Ill, Page 121, granted im.a ~onveyed to ~TTHEWJ. EA VY, mairled l;ll8I1. , .' , .' ' . . TRA:c.T 2~ , " ., '. ALi that ~~ tract of ground Sjtuate in the BorOugh ofNewV,i11e, County. of '. . Cumperlalm and State.ofPeimsylvani~ known: as part of Lot No'. 33 in the Plan ofsaid BorQugh and boun!fed and,described as follows to wit together with the improv~ents thereon erected: ... " o~ihe SOUth by Main ~l:reet;on tl?eNorth by.Cove Alley, on tHe West by lot No. 32 ' ,now pr formerly owned by Charles Koons; arid ontlie East by lI!Icither portion ofLot No. '33 .now or formerly owned by-K.P. smith. CONTAINING thirty-five (35) feet and six ' (6) iDches; in front on Main Street; aild one hundred eighty (~80) feet in depth to the alley, by the same in Width and depth, more 'or less. '. " . " ',., ' , . BEiNG '!lIE'Soo REAL :ESTAtE. WHiCH JOHN F. om and SHIR.LEY A .' , O~ husbaild 'and wife, by deed da.ted NOVem~er "16,1995. ami reriotded in the Office . of the Recorder of DeedS in and for Cumberland Couirty in Deed Book 131, Page 598; . granted and cOnveyed to JAMES A MACKEY and VERA K. MACKEY, husbmd and . / . , wife. . " ' . , " . .A$'B:riNG THE SAME REAL ESTATE WHIcH JAMES A:. MACx:EY and VERA K. MACKEY, husbanji and wife, by ,deed dated June II, 1998 and reCorded in the 0-1fiae of the Recorder ofDeeds in and for Culnberland County ii:1 Deed.Book 179, Page 657, granted and conv~d to MA'rTHEW 1. EA VY, m8rrled man. ' . , '" -. EXHIBIT A ~1L,,,".,n, T .e _ ,>w". or" '." _ , n_"" . ~_"",- , " u... ~ ~~~- -iR"AcTj: , . ' . , '. "- , ALL that certain lot or parCel of ground,' together With the improVements thereon, Situa'te , ,in the Borough of Newville, Cumberland County, PenrisyIvania, bounded . and described ~ follows: " , . , . . , BEGINNING at the'int~ection ofLitrerty J.&yand Big S~.AvemJe'(forinerly' .'. ' Raii'rOad Street); thence by said Big SPQng Avenue (formerlY:Railroad Str~).. Southward " :fiftY-nine (59) feet eight (S) inches to the line of Bethel Church. lot ownedIlo'lll' or fo'nnerly by ~ First Church of God o:('Newville, Pennsylvania. thence by the line ~f said chur~ " , 'lot; Westward' sixtY~eight (68) feet to LibenyAlley aforesaid; thence by said Lt'berty Alley, East,ward Dlnety-ane (91) feef. Two (2) inches to the place ofBEGlNNING. . ' . , , KNOWN and ~b~ as No. 51 Big Spring Avenue: ' " , BEiNG THE SAME.REAL ~TATE wm~ GERAlD E.'ALl.E.MAN and KAREN S. .AI..t.EMAN, husband'an4w.ife,by deed dated'Augu~' 31, 1990 arid reccir~ed, in the , Office of the Recori:l~ of Deeds ~ arid ~or Cutn\l~land CoUnty in Deed BOok T-34, Page , , 333, iranted and conveyed,to DOUGLAS R $INEMAN"and 10 ANN HEINEMAN, , , , hUsband and wife.' , "..'" . , 'ANDBEING1m's.WEREALESTAiE~QiD6UG1ASR.HE1NEW.Nand. ',' " 10 ANN'FIEINEMAN,husband and wife, by deed dated M;arch 29"i999 irnd'rec;orded ' " , , in,the Office of the Recorder ofDeeds'jnand for CumberlaIici ' ,County, ~d iindcolW~to MAT'tHEw J. RAW, at :$ook 199, page 309,. : .... , ; j. . ,,,*~_j!!l-o;r"__'__'_X,A_',-,,,,,-,,,,,.,,,,",,~",. _ o",":."oy "_",,. ~ . ~ , ''''- ~~~ " ~ ~-' G-: !;:; j'.' i~(~-_: , ~:5 -~.' . 0' ".e.~--" ,,~ o r" ,,~., r11,z~~ --;". '...1 " ~ _,~_"-_ ~e___"~~ :E~ () ~I ! .!~ ",_J _;"1 .-.1 - :1.-; .-< ]-7"' .......'.".,.,--'0"\ "~,.. ,_~~.,' ~I~, W~.I!'_oa'i!~~i'".i'B"i-'0!'>>ffl'_"'''''''NWH'[;';'FM''''~''~i(f'i''''~.f!1IR',W~~"".r~?i~Fil!i~!l~'F."":~-l'jf__1,jJ~~~)1iiIi!f~,~~~ ?jf'~ltlI,_,,_,__ " ,I # IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW i ADAMS COUNTY NATIONAL BANK, Successor I by merger to Farmers National Bank, I Plaintiff i I I I I I , , I, II II II I, !I 'I Ii NO. 2001-6233 v. MATTHEW J. EAVY, : Action in Mortgage Foreclosure Defendant RETURN OF SERVICE STATE OF PENNSYLVANIA COUNTY OF ADAMS On this, the 7th day of A pn' \ , 2003, before me, a Notary Public, the il undersigned officer, personally appeared Ross H. Pifer, Esquire, who having been by me duly ! i sworn, on his oath does depose and say that he is the attorney for Adams County National II Bank, successor by merger to Farmers National Bank, Plaintiff in the above-captioned matter, il and that attached hereto is a true and correct copy of the Notice of Sheriffs Sale of Real Estate ;, Pursuant to PA R.C.P. 3129.2 to Creditor or Other Person or Other Party in Interest, copies of il said notices having been mailed by Ross H. Pifer, Esquire, by first class mail, postage i prepared, deposited at the post office in Gettysburg, Pennsylvania, on April 7 ',i 2003, to creditors or other persons or parties in interest, as set forth in the affidavit filed Ii Pursuant to Rule 3129.1 in the above-captioned matter, copies of U.S. Postal Service ! I certificates of mailing also being attached hereto, and that the facts set forth herein are true 11 and correct to the best of his knowledge, information and belief. iI 'i i II :1 i I I I 1ZJ/f? ~ Ross H. Pifer, Esquire Attorney for Plaintiff Attorney I.D. #77071 220 Baltimore Street Gettysburg, P A 17325 (717) 334-2159 Sworn to and subscribed before me the day and year aforesaid. kLffl.~~ , Notary Public i I , I I I I I ',J My Commission Expires: NOTA AL tAUlIA M. SMITH, NlIIlIIJNIII GeIIrsIJq-1l!IlD. " '" . M . .'.." ,. ~.".",.~, 1__ I',_~r "' Ii " i ! '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW '. ADAMS COUNTY NATIONAL BANK., Successor by merger to Farmers National Balik, Plaintiff NO. 2001-6233 v. MATTHEW J. EA VY, : Action in Mortgage Foreclosure Defendant NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA, R,C.P. 3129,2 TO CREDITOR OR OTHER PERSON OR OTHER PARTY OF INTEREST: The real estate known as 51 West Big Spring Avenue, Newville, Cumberland County, Pennsylvania; 3 Parsonage Street, Newville, Cumberland County, Pennsylvania; and 21 East Main Street, Newville, Cumberland County, Pennsylvania. owned by Matthew J. Eavy, more particularly described on Exhibit "A" attached hereto, will be exposed to public sale at the Sheriff's Office, Cumberland County Courthouse, Carlisle, Pennsylvania on Wednesday, September 3, 2003, at lO:OOA.M. Said Sheriff's Sale is pursuant to a Writ of Execution issued on the judgment entered by Adams County National Bank, successor by merger to Farmers National Balik v'l-.1latthew 1. Eavy, in No. 2001-6233 entered in the Court ofCo=on Pleas of Cumberland Co~ty, Pennsylvania. Claims against the property must be filed at the office of the Sheriff before the above sale date. Claims to proceeds must be made with the office of the Sheriffbefore distribution. A Schedule of Distribution will be filed with the office of the Sheriff on October 3, 2003. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the office of the Sheriff no later than ten (10) days from the date when a Schedule of Distribution is filed in the office of the Sheriff. The Sheriff's telephone number is (717) 240-6390. Address of the Plaintiff is 16 Lincoln Square, Gettysburg, Pennsylvania 17325. PUHL, EASTMAN & THRASHER By. ~~~ Ross H. Pifer, squire Attorney for Plaintiff Attorney I.D. #77071 220 Baltimore Street Gettysburg, P A 17325 (717)334-2159 Dated:~Or"1 7 , ,2003 !,~"q!-~- ",. <, 1 ~, ~" ,_, -I.' _ " - ~:' . -~--- T..1""......... "" ~'"..,^' ',=- " ' , . .. ~ ,"" . . , 01". ,;tACT 1, :' ... . '. . " . " ". , '., 00.;' . '.' ',':" '. ' ALL tb&t certain tract ofland sitwited in iheN'di:th waid oftheBotough ofNeWvmil, County ofCumberJin4, ~e ofP.~ b~ed and dell~'bed.as ibnoWs: ' , . ,.' ,."..', , ON the South by Parsonage StrEi!lt, Oli the weSt by,Iot Ii~W or i:mx;erly'ofE,aymond " MsxWeIl. et ux, oil the'North by ChtIrCl1 Alley, and on the East now or ~erly 9fthe ' PipefHeirB. ,:. . ".:' '..',. ' ,,' ' . \, " .CO~An<<NG ~4 feef onP~o~ ~ more. or las.~'~ aneveil.'til a "";~of180fi=ttO.~,AlI~. ..::,:'~,:', "" ~ ..;':;:'~~,.,.", ,"; " BEING THE SAME REAL ESTATE ~.I:liui Rlc:B:A.RD a BROWN.KEITH.L. " " BROWN and'd.BNE:Vmv.E B. REID, Executors of the ~ 'Will and TeSt!ment of RUTH H. BROWN, by deed dated August 30, 1994 and r:eCorded ~ the Oflice.ofthe. ' . ;J,tecOrder ofJ;leetis In and for Cumberland County in Deed Book 1.11, Page 121; &:ranted , an.li eotiveyed to MATTHEW'X. 'SAVY, meirled~. .. '1' " ' . . ': " . , " , .' , . .. 'TR4cr2: ;, '. " , " .. '", 'r., .;.... ' . '. . " , .'. , ' , AL1::;that certain tract ofgrouruhituate ~ theBem:mgh ofNewV,iUe, County,of " CumperIaim and State .of.Peimsy~' known' as part oiLot No: 33 in the Plan or'said :So/'Qugh an'd, bollD!ied and .described as follows to wit together with the improvl!lDEllltB thereon erected: :..' '. ON'theSOirthb).~~'ontQ.eNortb.by,toveAlley, oill:He west by LOt No.'32 ' ' ,now pr toimerIy owned by CharI~KooDB;.arid on.the East bY &!lcither portion, of Lot No. 33,nciw or fOrmerly owned by'I<.P. smith. .CONTAJNIN:G'tbirty-:five (35).- an6 six' (IS) ~in front on,Main Street; and ODe hundred eighty 080) filet in depth to the alley, by ~e same in ~dth an~ depth, more '01' less'. . " ,,' , BEiNG mE'sOO REAL ltSiA'i'EWBiCXIOHNF. Om and SmRJ..Ey A " O~ husband 'and wife, by deed 4ated NoV<emQer '16, '1995. 8nd reCotded in theOfiiee of the' Recorder of DeedS in and for Cumberland Couilty in Deed Book 131, Page 598; , ,granted and cOnveyed to JAMES A. MACKEY and VERA X. MACKEY, hi,zsb8l1d and wife. , ",' . , '. . ., .' . , ' " . , A,lIp)'.B:tiiING m SAME REAL ESTATE WHIcH JAMBS A:. M.-\Crcs:Y and v$A K. ~Y, husbanli anii,wife, by ,deed dated Xune n, 1998 and recorded in the O~Cle of,the RecOrder of Deeds in and for CtipJbeda:nd County in Deed,Book 179, Page 657, gramed and co~ to MA'rTHEW J. EA. VY, minied man. ' ' , , '.. , -.,' EmI!I:!' A '",;,,,_rUiJJiiI!!liI " ,.. ~ . , , .. .~. '. " ~ " ~:'" " .' , .. ,. 'TRAMs: , , '. " . , , ' '." . . ...,,~.. .. , ALL that cilrtSin lOt or p~eI of ~Ound.' toieth~ 'withtbe improVmhents thereon, 8ituat8- , ,in the Borough of Newville, CumbilrJlI.11d CO'lIDty. :P~I~ bounded'and desci11?ed, es fulIows:' , , . . , 'BE~riOONG'atthe'~ecti~no~Lt'b8riyAlleY'~d'BigS~.~~e'(~lY" ". ' , Raii'ro~ Street); thence by said Big Sp~ Aveliue (fbm'ler1y;Railr:mad ~).. Southward' .. fiftY-niiie (59) feet eight (~) inche$ to the line ofBetbeI. Church Jot m'9ItIechow or fbrinilriy . . by t\1e F'JI'st Chufch of God o~NeWville, periilSjtlvsnia, thence by the line 9f said ~ :,:, '. . , . lot, Westward' sixtY-.eight (~g) feet to LibenyAlIey aforessid;th~ by slid L1'berty AIley, Eastward @1etY-one{91) feet. TwO (2) inches to the place ofBEGlNNING... . .', .'. . , , " KNOWN and 1IlJinbei-ed as No. '51 Big Spring Avenue, . " . . .", ' ~. ,'BE1NGTBE~.REAL~~A,TEwm~~B.:~~KA:am.r ' . ~. AI.'r..BMAN. ~b~I1'i'~,wife, bY deed d~ Au~,31, I ~96 srid rec.oT!fed, in the , 0fIii:ie of the Recoro~ of1:leeds ~ and '(or Cl.unj)~ CoUnty in Deed Book T-34. Page :. . 333~!ranted and comreyed,io DOUGLAS R $.:I:NEM:A:N..and 10 .ANNHBINEMAN, . , "hUsbandandwife.' , .,"", ' . .. "~BtrNGTm:'s.OO~E~T~.tEwmcH~bUGl.AS"~ ~'~d 10 A:NNHBINEMAN..hustiand' and wife, by deed dated I$'cli 29.,.1999 8nd.rec;arded ,:,' , . in.the OfIice oftheRecord~ ofDeeds'in.and fur Cumberland' , " countY. gran~ inclco~ to ~'I'IHBW 1. EA vr. a.t ~ok, 199. page 309:, . , .. . . .', . . ,... . ,. ::' '.".. '.. " , ' , . , " ,. .',' . j ~.. ',~ .: ' " .. ,', I. , . . , , , -cO',," =.~" I ~, .-" , ,--'"".' - , ~ , ,r ~ - ~ ;! ;! f' ~ ;'~~"<,,,~, ~" Ill. 1'Fl .,- , U,S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE - POSTMASTER PUHL, EASTMAN & THRASHER R,,,,,h,,,, Fmm, 220 Baltimore Street Gettysburg, PA 17325 , III ~:;;~ /__, ,I~ 6 ~ c.~;~'~~~~~~' I.~; ~~ -<'08: '%> ~~\t (,11 ~ ~ "'< 9~~ ~o ~ Q"'NOO @ 1< fI/ 011\ 1< 1lOf'-1lO 0-..../<1 if'l""',....._ (Eavy 111871) One piece of ordinary mail addressed to: Agway Energy Products P.O. Box 250 Delnmt, PA 15626 PS Form 3817, Mar,1989 u.s, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INp't)'ro:',EEAgt"RII~W~ THRASHER """""'" Fmm' 220 Baltimore Street Gettysburg, PA 17325 ! . ---.~., c.':-......'I ,"'-' C...t:l t: , .r-- (Eavy 111871) (/ . One piece of ordina.ry mail addressed to: Ii;! "'" CO g-J Dewan Lea Eavy \<~\= < tv \ ,","--- 3 Parsonage Street ~sz, Newville, PA 17241 - ~ PS Form 3817, Mar. 1989 .. ~~~g ~~Y6~~ II~ ; ~ ~,,: ~\~t.~1 ~ i A (,,) . ~ ~~O/;j ,,1.-" 'o.,/NOO" 1< fI/ 01'- 1< 11\0000 N..../<1 ., r"-__ .'!"". _.I"T"~ "'~ i . ~, ,~ ~= - ,', ~ , ~'1!f"!"~- ."; U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT PROVIDE FOR INSURANCE - POSTMASTER ' R"""dFmm' PUHL, EASTMAN & THRASHER , 220 Baltimore Street Gettysburg, PA 173~5 (Eavy 1/1871) One piece of ordinary mail addressed 10: Borough of Newville 4 West Street Newville, PA 17241 . I PS Form 3817, Mar,1989 U.S. PQSTAL SERVICE CERTIF~ATEOFMAL~G I MAY BE: USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR '~t'tI?;E"A~ff;;OOlJ'~ THRASHER .'---- . Received From: 220 Baltimore Street .--P" ,:;, ~:;-'Ti Gettysburg, PA 17325 /~ ......'-,.~..... J /". " . .- . (~1(~~ - .c;~ (Eavy 1/1871) \'--'" \, One piece of ordinary mall addressed 10: ~'I\. -,...t".,. .-- Cumberland County Tax Claim Bureau Cumberland County Courthouse I Courthouse Square -- ......,. Carlisle, PA 17013-3387 PS Form 3817, Mar. 1989 ,[ '. ','. -..J.._, ., '". 1< 1< l "'N'l", -CON "" N'l ~,., I'f~:;; ~ ~)'\ Ij-c ".;: ~\ n.~~ ;g G)} "'0. < )l/~~/O ~ '" ~ (.} 0\ i ~~ ~O. ~ 'G,lNnO & 1< III O~ 1< N... 00 "''''N'l .. ~,..... """' .. , ., .~" ~ ,',~.", ""'"'~"'","",~," ," "',-- ",","", ~",,"" ~-'{-~" ~,._,. ~r~ ~,~c_ '''',: >'"-' '0"'"'-' "-.<'-'>-"<, ,-'",~-, ~'>'~""-"~'~~~ ~I<<" "."""--'"-~-~'iXl 'r;"rrr"'"'~'-'~"'-ft:~;'""'~>r o c "" (J;~." [fIr; L~':; L' v -~: I'~ < ~{~:.:_- ):> ~~:: :=J -"" ,.: ,,' .'. ~:~~~~'~1'-t'~1j':cl,;>';~"i!~iillf."i,~~~ :~~.'!',~~" ~', ,~~,~,11!f ~~~J~"ijJJRJ~}"i!i~-,~,-,,,,,,~'i' 'TI,'U, .. . i I ii Ii " , I I I I I \1 ADAMS COUNTY NATIONAL BANK., Successor by merger to Farmers National Bank, i , il IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-6233 Plaintiff v. Matthew J. Eavy, Action in Mortgage Foreclosure Defendant NOTTCR OF SHERTFF'S SAT.R OF REAL PROPERTY P1JRSTlANT TO PA. R.C.P. U29 " Ii 'i THE LOCATION of your property to be sold is: i' :' !; , 51 West Big Spring Avenue Newville, P A 17242 3 Parsonage Street Newville, P A 17242 21 East Main Street Newville,PA 17242 I: !I I Ii Ii ii II !I I' Ii The name of the owner orreputed owner of this property is: Matthew J. Eavy. Ii 'II A SC~EDULE O~ DI~TRIBl.!TION, b~g a list of the persons and or governmental or I 'I corporate entities or agenCies bemg entitled to receive part of the proceeds of the sale received and I I 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 within ten (10) 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 THE JUDGMENT under or pursuant to which your property is being sold is docketed to: Civil Action No. 2001-6233. ),~'t.~,,)!I " "'"_"'_ .; :1 :: 'i 1.1 ., r-, ~-, ",'" ." - . -~ , ~~~ I 1.~, ,"1'11 .. # ' ~ II !l Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013-3387, (717)765-2641, Ext. 27. THTS PAPRR TS A NOTTCR OF THR TTMR AND PTArR OF THR SALR OF YOTTR 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. A lawyer can advise you more specifically of these rights. If you i i wish to exercise your rights, you must act promptly. I I YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, GO TO OR! I TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET I FREE LEGAL ADVICE. 1 Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Telephone: (717) 249-3166 ~~:_:-" ,~ ~~',l",~ , Ii II j! I ,I ' [I I. You may file a petition with the Court of Common Pleas of Cumberland County, to open i ill the judgment if you have a meritorious defense against the person or company that has entered I [ judgment against you. You may also file a petition with the same Court if you are aware of a legal i I! defect in the obligation or procedure used against you. 1 il I 'I 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of I' :, Cumberland County to set aside the sale for grossly inadequate price or for other proper cause. . : I This petition must be filed before the Sheriff's deed is delivered. ! .j I II 3. A petition or petitioners raising the legal issues or rights mentioned in the preceding II paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the I Court's reguJarly scheduled business court sessions. The petition must be served on the attorney for I il the creditor at least two (2) business days before presentation to the Court and a proposed order or I I I i! I i, il I Ii I II I !I i :1 I ""'?W ""~'r---," _._. _.'1 'er, ;'_'. _ ~,_"'~ THR T,RGAL RIGHTS YOU MAY HAW ARR, '"<'~i"',!""~ '-:_n"",e_ . ,~., . "~-f'11;".4, ,_ '.~ ~.'"'7' . , . 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013-3387, before presentation of the petition to the Court. PUDL, EASTMAN & THRASHER j21? , I , II I[ I , i I [' I 'I II " :i .i I " 1 , , ! " II l' Ii '1 11 Ii " ii , ! Ross H. Pifer, Esq. Attorney for Plaintiff Attorney J.D. #77071 220 Baltimore Street Gettysburg, Pennsylvania 17325 (717) 334-2159 II Ii l , , i 1- -1-" ",-,- iff I" . , ...., TRA~Tl:' '.' , , . . ., .' " .~ ALL that certain tract ofland situated in.t.i.e Nciith waid of the .:Borough of Newville, COUIlty .of Cumberlaoo, State ofPemisy1vania. bounded and desetibed ,as follows: . , ON the South by Parsonage Stre!lt, on the weSt bylot n~w or fonrierly'ofR,aymond , , Maxwell, et ux, oj:! the North by ChurCh Alley, and on the East now or formerly 9fthe ' Pipe[Heirs. ,.", ' .', '" ' , , . CONtA1:N:rNG 34 feet on Parsonage Street; more. or less, and 'baying an even width to a dept1lofl80feetto'~Alley.' ..' ., " . , BEING THE SAME REAL ESTATE 'WmCH RiCHARD i BROWN. KEITH,L. " , BROWN and' GENEvIEvE B. REID, Executers of the Last Will and Testament of RtiTH H. BROWN, by deed dated August 30, 1994 and r-ecorded il;J. the Office' of the ' :RecOrder ofDeeds in and for Cumberland County in Deed Beok 111, Page 121, granted imtI conveyed to MATTHEWJ. EA VY, mairled J;l1llIt , ',' '.' ,., " '~' . , ' '.. ( TRACT 2: , ' " , . Arithat c~ tract .of ground situate in the Bor~ugh of NewVille, C~unty.of " ' C~~erland and Stateof.Petmsylvania,' known' as part of Lot No'. 33 in the Plan of said BorQugh and bounded and described as follows to ~ together with the improvements thereon erected: " " .. : '.. : " .( .,' . ' ON the South by Main~treet;'on tl;te North by Cove Alley, en tfie West by Lot No. 32 ' ,now pr formerly owned by Charles Koons; arid .oil the East by apOther portion oflot No. 33 ,now or formerly owiled by'I<..P. smith. CONTAlNlNG'thirty-five (35) feet and six ' (6) mches in front on Main Street; aild one hurtdred eighty (~80) feet in depth to the alley, by the same in Width and depth, more or less. .' , . BEING THE 'SAME REAL lCSTATE WIqCB JOHN F. oiLER and SHIRLEY A. " O~ husba:nd and wife, by deed dated November 16, 1995. and reCorded in the Office of the Recorder ofDeeclS in and for Cumberland County in Deed Book 131, Page 598; granted and conveyed to JAMES A MACKEY and VERA K. IviACKEY, hUsband and wife, r. ." , . .' .., ., . ,'. , , " , ~'B:iING '!'BE SAME REAL ESTATE WHIcH JAMES A MACKEY and VERA K. MACKEY, husband and wife, by deed dated June 11, 1998 and reCorded in the Office of the Recorder of Deeds in and for C1J!lIberland County ih Deed.Book 179, Page 657, granted and conveyed to MA'rTI:lEW J. EA VY, milrried man. ' . EXRIllIT A , , ! I ,--K~-i"F.:;V ".. ",__ ,-- . , .' TRAm 3: ALL that certain lot or p~e1 ~f ground:- toieth~ With the improv~ents thereon, Situate , ,in the Borough of Newville, Cumberland County, PennSylvania, bounded' and desciibed.l!S follows: . " ',. .' , , , BE~llOONG at the' int~ecti.on ofLiberty Alley and Big S~g ,Avenue "(formerly' " RailI-oad Street); thence by said Bi.g Spr;ing Avenue (formerly Railroad Street),. Southward fiftY-nine (59) feet eight (S)inches to the line ofBethel.Church.lot owned'l)o,!,\, or formerly by #Ie First Chutcb of God o~NeWville, Pennsylvania, thence by the line of said church,' '. 'lot, Westward siX:tY~t (68) feet to LibenyAlley aforesaid; thence by siUd Liberty Alley, ~iIrd Djnety-'one (91) feet, TwO (2) inches to the place ofBEGIN'NING. KNOWN and ~bei-ed as No. '51 Big Spring Avenue. , " . ' , BEiNG THE SAME.REAL ESTA'IE WHICH GERAU> E. .ALLEMAN and KAREN S. .Ar..l:.EMAN, huSband' and wife, by deed dated' Au~' 31, 1990 arid reccir~ed, in the . Office of the Recorde~ of Deeds iI! and {or Cum~~land County in Deed Book T-34, Page . 333; granted andconveyed.to DOUGLAS R H:SINEMA:N"and 10 ANN HElNEMAN, , luisband and wife. .' , ,. ",,','. . '. ' . AND BEING mSAME REAL ESTATE WmCH DOUGLASR HElNEMANand, ]0 ANN HEINEMAN, husband and wife, by deed dated M;arch 29,.1999 and'rec;orded . . , . in the Office of the Recorci~ ofDeeds' in.and for Cumberland ' ' County, granted and conveyed to MATTHEw 1. EA YX, at Ilook 199, page 309:, . , . , ' , . -. " -. . i"i j. . -Mi'j".""_."",,, , -~ - ~-' ~ ~< -- , _ ", - '. , ~- ."= <"" ,~, c '- 1"0 -ri ,;L ~ --,~- . ="'.~--' ~ '. (") r, C "'1'.1 ~.:::... _.'.,. "0 '._1. IT; L -:":' ..- ;-::: (.'? 3~ " () .~)" , ~- > (~:. ~.~) -'~- ,\ ::,::; -r~: ::2 , .~ .:1) ..-" -< ~ YJft -~r~--. ",__~~'''9~~li$~f1mffj!F\i!.YI~1Jl:pi~~~'#lII~~~~!~MJ~_~iI!l~M'~~~tl-:,-:, .;~- COMMONWEALTHOFPENNSYLVANIA } COUNTY OF CUMBERLAND SS: I, Robert p, Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Adams County National Bank is the grantee the same having been sold to said grantee on the 3rd day of ~ A.D., 2003, under and by virtue of a writ Execution issued on the 11th day of April, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2001 .i!-', Nmnber 6233 Pat the suit of Adams Countv Nan Bk smb Farmers Nan Bk against Matthew J Eavv is duly recorded in Sheriffs Deed Book No. 260, Page 170. IN TESTIMONY WHEREOF, I have hereunto set my hand ;?')'1lL day of , A.D. 2003 ,'C"~~_ ~_, " , ~ I , ~ ~~ !tc. ~,""~ ~~ <~,,~." Adams County National Bank, successor By merger to Farmers National Bank VS Matthew J. Eavy In The Court of Common Pleas of Cumberland County, Permsylvania Writ No. 2001-6233 Civil Term Ronald Kerr, Deputy Sheriff" who being duly sworn according to law, states that on May 9,2003 at 2:26 o'clock PM, he served a true copy of the within Real Estate Writ, Corrected Notice of Sale and Description, in the above entitled action, upon the within named defendant, to wit: Matthew J. Eave, by making known unto Edward S. Eavy, adult brother of defendant, at 3 Parsonage Street, Newville, P A 17241, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Sharmon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on July 09,2003 at 1:41 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 Matthew J. Eavy located at 51 West Big Spring Ave., Newville, Permsylvania, according to law. Sharmon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on July 09, 2003 at 1 :50 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 Matthew J. Eavy located at 3 Parsonage Street, Newville, Permsylvania, according to law. Sharmon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on July 09,2003 at 1 :59 o'clock p.M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Matthew J. Eavy located at 21 East Main St., Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following marmer: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Matthew 1. Eavy, by regular mail to his last known address of 3 Parsonage Street, Newville, PA 17241, This letter was mailed under the date of July 3, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 3, 2003 at 10:00 o'clock A.M. He sold the same for the sUl11 of$1.00 to Attorney Ross H. Pifer for Adams County National Bank. It being the highest bid and best price received for the same, Adams County National Bank of 16 Lincoln Square, Gettysburg, PA 17325, being the buyer in this execution, paid to Sheriff R. Thomas Kline the SUl11 of$1,239.40, Sheriffs Costs: Docketing Poundage Posting Bills Advertising $30.00 24.30 45.00 45.00 ':"""~'''''~''''"'ij'- ~ ~_,/lIi""".. " ~ -I ~" . .", ~~, .~, " r"~ ", ~~.""~-,"",""","'-'i"*-"'>',,""''''--- ,a Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 30.00 10.00 1.00 16.56 45.00 40,00 502.55 356.59 28.90 25.00 39.50 $1239.40 Sworn and subscribed to before me s02: This .J7~dayof G~ ~ ,...-"~,~-~~ ~ 1\ _ R. Thomas Kli,ny, Sheriff 2003, A.D. A ~ flu.ll,. , ~ I' (. I' Pr thonotary , ByJ[)/~ VYLl."bh Real Estate. eputy -~<\R;fi!II!1",-~m ~ ,..~_ - o ~ I , H~' ~ ~i' ,,~ ~ ~ - ~ ,5/).(;1) [, oV ~ '1::vQ'y..3 I2w I 'tSP~:z..- ~~~~ ~ ~-" -- l <~ r-" -,."-~,,.~ .~ ,,",. " , 'Ii "I i i II !! ii :1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ADAMS COUNTY NATIONAL BANK, Successor by merger to Farmers National Bank, NO, 2001-6233 Plaintiff v. Matthew J. Eavy, Action in Mortgage Foreclosure Defendant, AFFIDAVIT PURSUANT TO RULE 3129,1 Adams County National Bank, Plaintiff in the above action, sets forth as of the date I the Principe for the Writ of Execution was filed, the following information concerning the real II 1.1 property set forth on Exhibit "A" attached hereto. II 1. Name and residence address of owner. :1 I I ! Matthew J. Eavy 3 Parsonage Street Newville, PA 17241 i 'I \1 II jj 1! n :1 :1 n ii, 3. Name and last known address of every judgment creditor whose judgment is a II record lien on the real property to be sold: I. 'I II I I I 2. Name and address of Defendant in the judgment: Matthew J. Eavy 3 Parsonage Street Newville,PA 17241 Adams County National Bank, 675 Old Harrisburg Road, Gettysburg, Pennsylvania 17325. Plaintiff in judgment entered to No. 2001-6233 Borough of Newville , 4 West Street, Newville, PA 17241. Plaintiff in judgment entered in to Nos. 200l~4849, 2002-435, and 2002-2553. Agway Energy Products, P.O. Box 250, Delmont, P A 15626. Plaintiff in judgment entered to No. 2002-2503. 1l';'C. ,"0," .1l!1 , -,~"".I ,. -r.- -'-" L i""'""~ ^ _,,0'<0 ~ !~~, !I [I 'il 4. Name and address of the last recorded holder of every mortgage of record. Farmers National Bank, succeeded in merger by Adams County National Bank, 675 Old Harrisburg Road, Gettysburg, P A 17325. Mortgagee in instrument recorded in Record Book 1541, at page 14. 5. property: Name and address of every other person who has any record lien on the Cumberland County Tax Claim Bureau, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, P A 17013-3387 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: None known to Plaintiff, I I , I I I I I I i III I verify that the statements made in this affidavit are true and correct to the best of my I knowledge or information and belief. I understand that false statements herein are made i subject to penalties of 18 Pa. C.S. "4904 relating to unworn falsification to authorities, I i I ! r I I I I II I 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: Dewan Lea Eavy, 3 Parsonage Street, Newville, P A 17241. PURL, EASTMAN & THRASHER Dated: 4/7/03 ;fZ#~ Ross H. Pilfer, Esq. Attorney for Plaintiff Attorney I.D, #77071 220 Baltimore Street Gettysburg, P A 17325 (717) 334-2159 By: ,.,.~. ? ~" ,., -,- ,. -., :"','---:! ,~ ',eo, .,., , , , .'" ,<" - " /' .' , I . " . , . . . . ..... ~.A.~~~" .'..." .."., " '. ' ,/ ,," 1;,: .". , " . l , ,.., ALL tmit ~ -tract of land sitwi.ted in the Ncittb. weid ofthe.Boi'ough of Newville, CO~,ofCumber!ind, State ofPeunSy1~ b~~ and descO~ed.as folloW.: " . , , ON the Souib by Parsonage s~ on the welt by.lot n~w or ~arly'c:'fB,aymo~d ' " Max\lVeIl, et ux, oil the North by ChurCI1.Alley,lIl:d on the East now or foimerly pfthe ' . Pipet-Heirs. .:" . .'..: ' ...., , ' , .' , " "' , .ct>~J..OONG:31 feet onP~~ ~ more.~r IeSs; ~'~ an even wid~'to a depth on80 feet to' Ch,urcb .Alley, ," .' . , , , , ,'.' , , " " . .' . ';." ..\: ' . ~ ' , . '.' '. ,.' .' . ~ . BElNG THE SAME REAL ESTATE WBiCB RtCHARD l. BROWN. KEITH,L. . .' BROWN anc:t" aENE..vmvE B. REm, Executors of the Las.t WiI1 and TeStiment of R1:im H. BROWN, by. deed dated August 3D, 1994 and r,eCordBd iJl. the Office. of the ' ' " ~ecOrder ofJ;>f!eds in and for Cumberland CoUlityin Deed Book Ill, Page 121, iranied . anti conveyed to MATTHEW,]. BA VYi mairled~. ' ',' ': ':,' . .,. ':'.: .. . , . ;, , .. " ' ;. ',. TRkcT2:,. . " " . ' ,'. ,,:~, "..' ".:. ..,'.:. '.. ,. , .: , ." ," . . .:' ...' ". '. " ALP that certa,in ttaot of ground sp:uat~ ~ the Borough ofNewV,ilIe, County. of '. CumperIand and State .of.Peimsylvania.' known' as part of Lot No: 33 in the Plan of said BorQugh aIid bOU11!ied and,desCI'!oed as follows to wit together with the improvl1lDents thereon erected: : , " . ' ON~ South b), ~$_'on ~ Northby',COVll Alley, on tli:e w~ by LOt No. '32, ' . now pr to.imerly ownedbY' Charles; Koons;,arid oil, the East byapdtbar portion. of lot No. 33.now or fotmerly owiled by'K.P. smith. ,CONT.AJNIN:G'tbirty-:five (35)-~ and six ' (6) ~,in front on ~ Street; alld one hui1clred eightY 080) filet in depth to the ailey, by the sime in '94dth and depth, more '01' lesS. " ' ,'.' " . BE~G rn'~'~ESiAtE'~~JOHNF, b~and SmRLEY A .' , o~ husballd 'and wife, by deed, ~a.ted N:oVeml!ar'l5, '199~ and reeoided in theOffiee ofth~ Recordar ofDeeds in and for Cumberland Couirty in Deed. Book 131, Page 598; , gl'8I1ted and conveyed to JAMES A. MACKEY snd VERA X. MACKEY, hUsbimd and 'wife " . . ' , . ~ . , ., . ' ,. AN.ri'BEING'!'BE SAME REAL ESTATE WHIcH JAMES A:. MACKEY and v$:A K. ~CKEY, husban~ ana.wife, by deed dated June n, 1998 and reCorded in the O-!fide of.the RecOrder of Deeds in and for CulnberIand County m Deed,Book 179, Page 557, Sranted and co~ to MA!THEW 1. BA VY, mirried man. ' ' , . ..,,'~ ,..", -', . ., . '.J EXHIBIT A .', . -{J~ ~_' "'"'~- '>'" I "'~~I ,- ; - I ~ . .,.. c - ~ . ~- - ..", '-' , ~"-. ,. " . ,1. .,', .. . '. ' .' , . , .. TRAM a: " '. " . ',. '. " ,. .... . . ~ . , . . ALL that,~ lot or p~ ~f~Ounc!,' to~ 'with the impro~ents thereon. Situate , . in the Borough of Newville, Cumber~~ County, :PennSylvania, bounded' and descn1?ed. ~ 1blIows: . , '. ' . ' , .' , BEGINNING at the' int~ecti,on ofLibetty .Aney'md 'BiS Sprn,g ,Aveii~e'(forinerly . ""., R.aifroadStreet); then~ by said Big Sp$1g Avmiue (fomier1y;R.ailroad Stre~).. Southward' " fiftY-ni'iie (59) feeteigltt (~) 'inohe$ to thE, line ofBetheI,Church,lot'owne,f~ow or fo'rmer~ by tl1e FlJ'st Church of God otNeWviUe, Pcmnsylvania, tben~byJ:he line C?f said ohurcb " , . lot, w:estward'~t (~8) feet to ~.Alley eforesaid;:~bysaid Liberty Alley, Eastwllrd Dlnety-bne.(91) feet, TwO (2) i!lches to the place of BEGINNING. " . , ," ., ' , . " KNOWN and m.ui1berect as No. '51 Big Spring Avenue. , . . . . " ,... I.....'..,.. ,. .:', ..' ',', .' . .. . BEiNG THE SAME.REAL ESTATE wmCB: GERALD E. ALLEMAN and KAREN . , , ,-. - " " s. AI.t..EMAN, huSbGnd'and wife, bY deed datetLAu~ 31,1990 arid rec.omed in the ' Omee of the R.ecoidm; of:b~s ~ and ~or Cum~~and' coim1:Y in DeecI Book T-34, Page . . . 333; Srmted and conveyed.lo DOUGLAS R. ~.,md 10 ANN HEINEMA:N. 'bUsbani:1 and wife. ' '" ' ' ' , , .. . , ., ' . , . AND BEING m'sAME REAL EST~T.E WHIcH DoUGw-R. HElNEMAN'~d , to ANNHElNEMAN"hus1:iand' and wife, by deed dated ~ 29,.1'999 imd'reqOrded ,', " in the Office of the Recorder ofDeeds"in,and for Cum1:ierlan'ci ., County, grimtehndcon~ to MA-TTHEw J. EA~, at iook 199, page 309,. . , .. . .:. .' '. , " :' . ... ".. " .' . .' ., ' ,.,. .;' " " I' , . .' , "', :.-i;-.""*"'VJ "","-'. &, - '"1'-" - ,- 1~ J' , ,-, r ~ - r , . ~ . WRIT QF EXECUTION and/or ATTACHMENT , COMMONWEALTH OF PENNSYLV ANTA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ADAMS COUNTY NATIONAL BANK, SUCCESSOR BY MERGER TO FARMERS NATIONAL BANK Plaintiff (s) From MATTHEW J. EA VY, NO 01-6233 Civil CIVIL ACTION - LAW (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) a~ 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 fromdeIivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 $225,191.82 L.L. Interest PER NOTE FROM 10/21/01 AT A PER DIEM OF $50.46 Arty's Comm % Arty Paid $1445.38 Plaintiff Paid Due Prothy $1.00 Other Costs Date: APRIL 11, 2003 CURTIS R. LONG (Seal) Prothonotary Q ~ ~: ~ . n4"....~ Deputy REQUESTING PARTY: Name ROSS H. PIFER, ESQUIRE Address: 220 BALTIMORE STREET GETTYSBURG, P A 17325 Attorney for: PLAINTIFF Telephone: 717-334-2159 Supreme Court ID No. 77071 ~=W"~",'j""-''''C_I'''~'~_" , , ~8 ",? < " "'~ -1 -:"- I ~ ~., ~ I!I!II """"'-f ,. , . I ~~ l"~"~ .- .-~ ~,~ ., .~"~^~,- .., ~"~""-,- ~,~, _......~,,-,...,,~ ~ "'~~~ Real Estate Sale # 09 On May T; 2003 the sheriff levied upon the defendant's interest in the real property situated in Newville Borough, Cumberland County, P A known and numbered as 51 West Big Spring Ave., 3 Parsonage Street, and 21 East Main Street, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 1, 2003 Jo ~ Rea~tate Deputy By: , , ~ .~ ,I " rr~~' . " ~ ~ ~ ~ , ~.~- ""1""1 !lIl!ilQ ~ ~ !It! iIl'~ >,,,.,m;-, "." "<"''''-'-'_f;_'-'U8/,':o'+'W~f''';''rE-",''-W'f~$''!~*,'~~oi"!'1IlHi0Mf:'t~~~~f~~~'L-. _, l~lf.:'_1).V~1Ia-,-l!~'l,1.~~~~,'-,1~'ffl~~~~l;\,_,~[__, _ -"-,_,,__.,c<,~,,,' ___,_,c,',':' -,;:C: ,~. ~N'" ~'~"~". .~~~ !I Ii 'I ,I II ADAMS COUNTY NATIONAL BANK, .1 i Successor by merger to , Farmers National Bank, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-6233 , , , II I, II ,[ if Plaintiff v. Action in Mortgage Foreclosure Defendant NOTTCR OF .~H1?RTFF'S SAT.R OFRRAL PROPRRTY PTJRSTlANTTO PA. R.r..P. 'l129 , U TAKE NOTICE: II That the Sherift's Sale ofRea1 Property (real estate) will be held on Wednesday, " !i September 3, 2003, at the CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE i '\ SQUARE, CARUSLE, PENNSYLVANIA 17013-3387 at 10:00 A.M., prevailing local time. .' . . I THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly I i consisting of a statement of the meaSured boundaries of the property, together with a brief menti,QII I i of the buildings and any other major improvements erected on the land. (SEE LEGAL , I DESCRIPTION ATTACHED). ' I I I ! I ! THE LOCATION of your property to be sold is: i I I 21 East Main Street I Newville, P A 17242 I , I THE JUDGMENT under or pursuant to which your property is being sold is docketed to: 'I. Civil Action No. 2001-6233. ' , I I A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental or I corporate entities or agencies being entitled to receive part of the proceeds of the sale received and ' I 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 Within ten (10) 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 I fi!ing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of I 51 West Big Spring Avenue Newville, P A 17242 3 Parsonage Street Newville, P A 17242 The name of the owner or reputed owner of this property is: Matthew J. Eavy. "-:"",,,,'t~~!!'"''',.,,, c. :''''~1',"",,~ re--- I" ,:1-"1"- ~ . . =- ",~ < i r:.-,)-~!~~ '" I! Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013-3387, (717)765-2641, Ext. 27. ~ PAPRR T.f: ..4 NOTTeR n~ THR TTMR AND PT~ACR OF THIl .~~T~R OF VOTlR ; PRnPRRTY. 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 i your property from being taken. 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. II II 'I j i! THRl.RGAl.RlG~VnlTMAV"AVRARR' " 'I )1 ill . 1. Y o~ may file a petitio~ wi~ the Court of ~on Pleas of Cumberland County, to open I II the Judgment 1f you have a mentonous defense against the person or company that has entered I' I judgment against you. You may also file a petition with the same Court if you are aware of a legal I defect in the obligation or procedure used against you. I I 2. After the Sherifl's Sale you may file a petition with the Court of Common Pleas of I 'I ~ber~ County to set aside the sale. for gro~ly m:mequate price or for other proper cause. i This petition must be filed before the Sheriffs deed 1S delivered. ! I : I 3. A petition or petitioners raising the legal issues or rights mentioned in the preceding I paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the I Court's regularly scheduled business court sessions. The petition must be served on the attorney for i the creditor at least two (2) business days before presentation to the Court and a proposed order or i i , I I I Cumbetland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Telephone: (717) 249-3166 ,,,--~~~- "_,.~-!'l"_~.-- - . ,-- , .,__"_, ~^'pt_ .~" ',"- :,- I to' -1 /Il!I1" :ff 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013-3387, before presentation of the petition to the Court. PUHL, EASTMAN & THRASHER %9;fL Ross H. Pifer, Esq. Attorney for Plaintiff PlttorneyI.I>.#77071 220 Baltimore Street Gettysburg, Pennsylvania 17325 (717) 334-2159 II I, I I I I , I I ! l I I I i I I I I , , I i I I I I I I i I I i I i [-_:-",,,,,,,,,,,^,-~,,:-~~-~--~ -,~,,- "-~"--,,..,,-,-' ,,_".~r"<__"I_".' 1- ,"-. ,', ~ . ~~~~ _.,,---~._~'~ ,- '"< ,~,.." ~...:-: ~ '. .' , , - ._.\;'.~,"""'!f'__ ,...... , . , ..'. -.. . .. ..,. ~...r.r],l - ;parcel ID '~7-2p:1J54.:.li68.: ,:' " :. : .." '..., '. , : Address: 3 Par!lonagt;" s~r~et;. 1Itlwv1.1le ~ y~ .' " . AI..i. ~ certam 1iact ofland sitwited in the N6ith weid oftheSot-oup ofNm.me, C011I1ty ofCumberJiDd. S~e ofPllllD8yl~ b~ed and desciibed~:fb~ ' . . ,,' , . '. '. ON the South by Parso~ Stni!lt, On the welt by.lot r1~ or ~y'ofB,aymCmct' , '. Max'We1I, at ux, oil the'North by ChurCl1 Alley, ~ on the Bast now or ~1y pf'the . , ,Pi~Hei:rB. ....' " . . . ., ,..' . . ", ,. . . ' ~""'''' . ~ , . ..' '. ' .' . . .. ... .CoNTAINING 3~ feeronP~. ~ :more.o/ IUs; ~,hI\ViDg an' evei1width to a dept!1of180~to'Ch.urch,Al1~,," .'. . ',' , , ." ,', ,.: ',. '" \ . , ,.: '...'. . .! '. . .-'" .'.. ~ .' '. ~. BEING TBl: SAMEBEAL ESTATE ~M:Q ~H 1U~ it 'BR.OWNp.lu~l'l'.li.L. " "BRoWN 8Dd'dBNE:VmVE B. REID, Ex8I:utors oftb.e I,.as.t wm and Teitiment of Rti'l'H R BROWN, by, deed date4 August 30,1994 and ~Eid ill the OJiice'ofthe, . "~rder of~~ m and ibr Cumberland CouDt.Y bIDeed ~ook I,ll, Page.121; ~ 'BDtlQOJiveyedtoMA:.ll:t:llSW'J.aAVYimairied~, . '.'.: : . :' . , . r'.'.: . ., '. .'. ;'. .:~ , . '- " .: . .... " j. .,.. . .'... 'TR:4::c:-r2l .Parcefm#28-2.o-~7~4-o;6.. .', .' .'.", ," ",' Address:.' 51 Wes.t Bl.g' ~prl.B,g'.Avenue. lIewVl.l,~e. PA, . AIi~~ttict'ofgrouncISjtu~~iheBorOughof~ewYIDe. cOunty.of. '.: Cumber1aDd and State of'peimsy1~' mown' as piUt of Lot No: 33 in the Plan of said , BorQughan'd bou~!iett'and.desarjbed as ibllowa to Wit togethai' ~ the lmpi'09/1Illaats .therion erected: . . ' . . . " . \ . . ' , '. , ,O~; the S~bY ~ ~_'on ~ NorthbfCave A11ll)'~ oiltSe W~ by~N?' 32. ' nOW prfuImer1y oWlied bY Cbarl~XoCIJIS;.BIid o,iJ.t1ieBastby apdtberportion,cifLotNo, '33.nciWor:fbtmerIyowi1ed by'ltP. smith. ,CONTAllIIlN:G'thirty-five (35)-k.md *' (6) ~infitmt 0Ill\!ain Street; al1d oDe bJtadred liisht1 (~80) ~ in depth to the e11ey~ by tIi8 iiIDe m ~cIth an~ depth" more 'ot TesS. '". . " '.f ,.' , . ' \ '. , . mNG TBE's..u\O REAL ESiA:TEWBiea lORNF, Om 8Dd SmR.r.BYA .' , . oJi.E.R, husband'md wife, by' deed dated NoVember '16, '1995. imi reCotded in the Ofliee ' ot~'~ ofDeed8 in and ibr Cumbedamt Coumy inDeed. Book,1S1, PageS98~ . granted and co.aveyed to IAMBS A. MACIJ3T and VERA~ MACKEY. hi;ulbilpd and .-...... ". " '. ' wuco., ,'. .' ... : ...... ' , " '.' , . . . '. '. . ANri',QrN(UD sOOREALESTAnl WmcB JAMBS A:. Mi6rcE:Y and v:$:A Ie. ~Y, husban,d anQ'wife. by deed dated 1un8 II, 1998 and reCorded in the O~Clll of.the RecOrder of Deeds in IlIdfor CupmerJanc1 County in Deed.Book 179, Page 657, jranted 8Dd~ to ~.l.-.ll'1J:iW 1. BAyY, mirried man. , " . , , '. ...... ...", -' . " ',1 , ' EXHDlIf A " ., .' , . , ". '. , , '. .' . , " ." , . " " ~" ,~ _" I'" . ~ ~ ,~ ~ ~ ~, ~_ ._ l. ,,"^"- ." -,t,) '.~- .~ '\.' . ' : ~' .' , . ~ ,,:',' ';',' ,i' .. '. " . ". 'I ' , ; --,1; . .;',.,' ., ... '. ,- ,-",. ;:rR.AC'!'T"'% .pare..'!~' #27-"Z~~'7'5~-019", '. . , . " .': ' . ,AddTess: "2J Eas:t Ma1D Str.eet:. ,~Ue... fA' . .. '. ". '. ALL that cEirtain lOt or p~ ~~ to_~"witb tbe~~ t:bereori, iitu8te, . ,in'the Boi'ough ofNewville, Cumber~ County, :P8IIIlSylVBllia, botInded a:od descn'l?ed,1JS . '. t , ' 1b1Iows: ' , 'BE~Gattheiint~.onotLbrty~'~'~ii~.~~'(~" '.,,' , Raii'roac1 Street); thence by said Big,~ Avmiue (fon:i1edy:RaDroad ~),' Soutbwud " fiftY-nii1e (59) feet eight (8) 'inchell to thS !iDe ofBetheI.Churah-lot' ~~'~Ow or foimSriy : by t{1eFirst Chui'ch Of God c(NoWYn!ti,PeDI!IYlVlllia, theDce bytheJine ~~d ~'." 'lot, W:estwanf sfXtHight (~8) feet to LibenY;Alley aforesaid; thence by said Liberty Alley, Eastward ~.(91) feet. TwO, (Z) ~ to thep1ace of:BEGliOONG.' .' . .'. ,.,... .' " " 'RiO~amI~~~No.'51B~'SpringAv8DUe. ". ".' . " . . ' ',' . . , . 1" " . '.' ~, ,',\'...': . .. ,:'. " '. '. . , . BEING THE SAMlIj~ E8'I:4TE WHICH ~ B. ~ aDd KAREN " , ' " s, AU.EMAN, husbenli'and wif'e.bY deed dated' AuAt 31, 1990 ariil rilllciiUed in the " OffiCe of the ~itl~ ofbe~ ~ ~ ~ ~ eoumYmDe8d Bqok T~34, Pap , , .' 333; Sranted ami col1Veyed.to DOUGLAs R.1$lN.E.MA:N..and 10 ANN HEINEMAN, " . , ' ".' , "." . . , . husband and wife. " .' " , ' , , . " ",' ....." , , , ", . " "ANDBtINGm'sOO:REA1.EST~iEWjIcHDbUGw'R.~'~. ..... " to ANN'ErEINEMAN,.husoaI1c!" and wife, by de8d dated M,arcli 29..1'999 imd.ieQorded '. " " " in.theOffioeoftheRecordl!l'ofDeedriundfOtCumlierlarici' ,: " .", County,~i1n4.<:~to~'I"'.IHEwi,:BAvr, &t B.'oolt. J99, page 309:. . ," , . ,." . '., , . , . , ' .., ' ' , .. ,~,. , " . , .' , . . .' '. ' , , , " " .. ...., " ~ .',~ ,': ' '. . . " " ,. , ,., ., . .. .'..' .' ,,:' ,. .. . ,: ,',' , " '; . '" : ." -" ",,~ _ _A1'E SALE NO.9 Writ No. 2001-6233 Civil Adams County National Bank, success by merger to Farmers National Bank vs. Matthew J. Eavy Atty.: Ross. H. Pifer EXHIBIT A TRACT 2: ParcellD #28.20-1754. 046. Address: 51 West Big Spring Ave- nue, Newville, PA. ALL that certain tract of ground situate in the Borough of Newville, Cormty of Cmnberland and State of Pennsylvania. known as part of Lot No. 33 in the Plan of said Borough and bounded and described as fol- lows to wit together with the im- provements thereon erected: ON the South by Main Street: on the North by Cove Alley, on the West by Lot No. 32 now or formerly owned by Charles Koons; and on the E"2IBt "by another portion of Lot No, 33 now or formerly owned by K.P, Smith. CONTAINING thirty-five (35) feet and six (6) inches in front on Main Street; and one hundred eighty (180) feet in depth to the al- ley, by the same in width and depth, more or less, BEING THE SAME REAL ES- TA1E WHICH JOHN F. OILER and SHIRLEY A. OILER. husband and wife, by deed dated November 16, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 131, Page 598. granted and con. veyed to JAMES A. MACKEY and VERA K. MACKEY, husband and wife. /~ -~," r -.'-r,,-,->"'i-::- AND BEING THE SAME REAL ESTA1E WHICH JAMES A. MACK- EYand VERA K. MACKEY, husband and wife, by deed dated June 1J, 1998 and recorded in the Office of the Recorder of Deeds in and for C.umberland County in Deed Book 179, Page 657. granted and con- veyed to MATIHEW J, EAVY, mar- ried man, TRACT 3: ParcellD #27-20-1756- 010. Address: 21 East Main Street, Newville, PA. ALL that certain lot or parcel of ground. together with the improve- ments thereon. situate in the Bor- ough of Newville. Cumberland Corm- ty. Pennsylvania. bounded and de- scribed as follows: BEGINNING at the intersection of Liberty AIley and Big Spring Ave- nue (formerly Railroad Street); thence by said Big Spring Avenue (formerly RailrQad Street). South- ward fifty-nine [59) feet eight (8) inches to the line of Bethel Church lot owned now or fonnerly by the First Church of God of Newville. PennsylVania, thence by the line of s~id church lot; Westward sixty- eIght (68) feet to Liberty Alley afore- said: thence by said Liberly Ailey, Eastward ninety-one (91) feet 1Wo (2) inches to the place of BEGIN- NING. KNOWN and numbered as No 51 Big Spring Avenue. . BEING 11JE SAME REAL ESTA1E WHICH GERALD E. ALLEMAN and KAREN S. ALLEMAN, husband and wife, by deed dated August 31, 1990 and recorded in the Office of the Recorder of Deeds in and for Cwn- berland County in Deed Book T -34 Page 333, granted and conveyed t~ DOUGLAS R. HEINEMAN and JO ANN HEINEMAN. husband and wife AND BEING THE SAME REM EsTA1E WHICH DOUGLAS R. HElN- ,EMAN and JO ANN HEINEMAN, bus- band and wife, by dee<:! date<:! March 29. 1999 and recorded In the Of- fice of the Recorder of Deeds in and for Cumberland County, granted and conveyed to MATTHEW J EAVY, at Book 199, page 309, . '1_' ,n, ~~~t- F 'Or ~ r.'~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor ofthe 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, VlZ: JULY 18,25,2003 AUGUST 1,2003 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. ORN TO AND SUBSCRIBED before me this 1 day of AUGUST. 2003 SEAl.. LOiS E. SM'OER. ~ PubIlc CIIrblIl aom, ~ Coon!y My CorIimIIl8IoIl Expjm MarcI15. 2005 '!l'''''1'''!'''''~_~~" ~-~, . r ,,>-'" ~~ ,~, ,~"~,^~ 1__ :: :0' ;~REAL ESTATE SALE No.9 ~ Writ No.2Q01-6233 ClvU Term ~!.'--": .Adams County National Bank, - Successor by merger to Farmers National Bank L-. ,Va - , ~ thewJ. Eavy ='.... .L A~~:co;,~6N.r i TRAcr NO. ,2: Parce. ill #28.20.1754-046. ~~Address: 51 Vfest Big Spring Avenue, Newville, , 'PA. ~ _ALL thatcertaiu tract of ground :.ituate in the ; BoioUgb ofNewviUe, County of Cumberland and .:-State- 'OiEerinsylvania. known as part of Lot No. -cit1I1~ttie Plan of ~d Borough and bOunded and - JJescrihed as fol1ov.'s to wit together with the )Irip:rcwemClttstbereonerectOO: ,"-:::ON-thC-South by Main Street; on the North by ~'l:'Ove-1Jley, on the West by Lot No, 32 nov.' or -; -rorDierly -owned b)' Charles Koon:.; and on the .~~~l by another portion of f.:ot No. 33 now or 1~1Ornrerly owned by K.P, SmIth, CONTAINlNG ~-' fuirty:fJve (35) feet and six. (6) inches in fronl on - -'Miin~; and one hundred eighty (180) feet in ;-_-deptfitolhcalley,6Ythe~inwidthanddepth, ',~7ii'lp~'i...-- . BEING THE SAME real estate which John F. ~~ Shirley A. Oiler, husband and wife, by ;;.::aeoo.1lat----ea:NOvember 16,1995 and recorded in :;, ilH. o:;:ice of me Rccorucr of Deeds in and for <_~and County in QtxJ Book 131, Page 598, ~1~ arid conveyed t\;) James A. Mackey and ~ ,-VeraK. Macke:., ':lUsband ar-~ wife, "-:I'i.NJJBEING tlle same real estate which James : A.- Mackey and Vera K. Mackey, busband and j Wlfe:,bydeeddatedJunel1,1998andrecordedin ;-. ft Office-ofthe--Recorder of Deeds in and for -:--~_COW1ty in Deed Book 179, Page 657, :--._~. and conveyed to Mat\he<A.' 1. Eavy, mattie<llilan. , "_~-lRACiNO:-J:- Pared 10 #27.20-1756.010, ~ ~ ?>t\1res<;: 2[ East Main Su:eft. Newville, PA ';:,_~.-THAT CERTAINk!t or parcel of ground, :_-~witb1beimpro"e'.nentsthereon,siluatein ~ _Hie Borough of Newville, Cumberland Count)', ;-~.lvania, bounded and described as follow:.: .. BEGlNNIN"Gat-theinteIsectionofLibertyAlley r-and Big Spring Avenue (fonnerly Railroad thence b said Bi S.pring Avenue .._ _ __ _ ,.~ -~~nlnc '.. .,~,tJ~.' ..ot~.'~. llO\\'or _~.wc;Erst . _ ~ ~~ enDJij.tvaqw.,U\encll- '. y the tln-e of "said~cbun::n lc~ Westw~'ili.t),::: 1 ~ (68) feet to Liberty Alley aforl;S~4i..~l!~~ ~said Liberty Alley, Eastward ni;:~lN(91) ~tl\vo(2)inchestothep1aceofB ,Q, ~OWN and numbered as No. 51 Big Spring ~e~~ BEING'THE"SAME real estate which Gerald E. Al1em~ and Karen S. Alleman, husband and . wife,_by_deed dated Augusl3l, 1900 and recorded in-the Office..oeJbe__Recorder of Deeds in :md for CtJAlbal<uid CJl1fl1}" in Deed Book T.34, Page "jZ3,....gcante<Land comyed to Douglas R. Reirlermm' and Jo Ann He;neman, husband and \>.ife, , --?dID BEING the same real estate which Do~ R. Heineman and 10 Ann Heineman, . 1':msband:md wife, by deed dated March 29, 1999 -irid rerorded in the Office of the Re'))idcr of Deeds in and for Cumberland County, granted and Cooveyed to Matthew J, EaV), at Book 199, page 31l9: " " " 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 Ass!. 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..I!:m... Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 8t8 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, t 854, 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 22nd and 29th day(s} of July and the 5th day(s} of August 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 ALE #9 ................ . ..J1.~,.u.~~.:,~.............. Sworn t an subscribed before me . 13th daY~f ugus 0 A.D. Notarial Seal Teny \., Russell, NotaIy Public atyOfHarr!sburg,DlltJphinCounty RY PUBLIC My Corrvnission ExpIres JU'1e 6, 2006 Member,PennsylvanleAs8CdationOfNalaIfes 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 $ Probating same Notary Fee(s} $ Total $ 354.84 1.75 356,59 Publisher's Receipt for Advertising Cost , ,The Patriot News Co" publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general Circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By,..,.,....."'.,..,.,................,.,.,...............,.,.."'.., .Oj~~. . ')'- -! 'l""..- -