HomeMy WebLinkAbout01-6233IN THE coURT OF cOMMON PLEAS OF cUMBERLAND couNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 200,-
merger to Farmers National Bank,
Plaintiff,
VS.
Defendant.
Action in Mortgage Foreclosure
Matthew J. Eavy, Defendant
~OTICE
You have been sued in court, ff you wish to defend against the claims set forth in the following pages,
muSt take action within twenty (20) days after this complaint end notice are served, by entering a written
or by attorney, and filing in writing with the court your defenses or objections to the
You are warned that if you fail to do so, the ease may proceed without you and a
claims set forth against you. . · ' ''
be entered against you by the court without further notice for any money ela~med in the complaint
other claim or relief requested bY the Plaintiff' You may lose money or property or uther rights
important to you. _ ...... ~r~ ,rr~ vrn 111 LAWYER AT ONCE. IF YOU DO NOT HAVE A
YOU SHOULD TAKE tttt~
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
) OUT WHERE YOU CAN (}ET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone Number: 717-249-3166
Si usted desea defendersee de las quejas
uSTED HA SIDO DEMANDADO EN LA CORTE. (20) dias a partir de la fecha en que
p~ginas siguientes, debe romar accibn dentro de vainte
la dcmanda Y el aviso. UStcd debe presentar compareceocia cscrita an persona o pot abogedo y presentar
por escrito sos defenses o sus objeciones a las demandas en su contr~-
Se le avisa que si no se defiende, el easo puede proceder sin uSted y la Corte puede decidir en su contra
mas aviso o notificacl6n pot cuaiqmer dmaro reclamado en al demanda o pot cualquier otra queja o
compensaci6n reclamados por el Demandante. uSTED PUEDE pERDER DINERO, O PROPIEDADES U
DERECHOS IMPORTANTES pARA uSTED. SI usTED NO TIENE O NO
LLEVE ESTA DEMANDA A UN ABOGADO iNMEDIATAMENTE.
~ LIN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION EsCRITA ABA. lO
I. DONDE pUEDE oBTENER AsISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone Number: 717-249-3166
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA CIVIL ACTION- LAW
COUNTY NATIONAL BANK,
, merger to Farmers National Bank,
Plaintiff,
VS.
Action in Mortgage Foreclosure
Defendant. :
COMPLAINT
AND NOW, this ~ day of_ ~)~ _, 2001, comes the Plaintiff,
, National Bank, by its attorneys, Puhl, Eastman & Thrasher, who brings this
: foreclosure against Matthew J. Eavy, Defendant, whereof the following is
. statement:
1. The Plaintiff is Adams County National Bank, successor by merger to Farmers
. Mortgagee, a national banking corporation organized and existing under the
taws of Congress relating to national banks, with its main office at 16 Lincoln Square, Adams
Gettysburg, Pennsylvania 17325.
2. Defendant, Matthew J. Eaw, is an adult individual who resides at 3 Parsonage
$treet, Newville, PA 17241.
3. Defendant is not in the military or naval service of the United States or its allies
provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940
L its amendments.
5. On March 29, 1999, the Defendant executed and delivered a mortgage upon real
hereinafter described to Plaintiff as Mortgagee, which mortgage is recorded in the
of the Recorder of Deeds of Cumberland County, Pennsylvania in Record Book 1541
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 of land situate in
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 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 at page
121, granted and conveyed to Matthew J. Eavy, married man.
Tract No. 2: Borough of Newville, 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 from 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 of the Recorder of Deeds in and for Cumberland 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 Cumberland County in Deed
Book 179 at page 657, granted and conveyed to Matthew J. Eavy, married
man.
Tract No. 3: Borough of NewviHe
BEGINNING at the intersection of Liberty Alley and Big Spring
Avenue (formerly Raikoad 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 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 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 Cumberland 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 ofprincipai and
mounting 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
mortgage upon default in such monthly payments, the whole of the 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
(b) Interest from 5/30/01 to 10/19/01
(c) Late charges
(d) Attorney's commissions
TOTAL
$206,642.00
7,236.15
619.76
10,693.91
$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 Imention 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 $50.46, and any additional
late charges and costs of suit.
Respectfully submitted:
PUHL,/~)~EASTMANc~T~SI:I~R
By: {~,~ ~ ~
R/chard E. Thrasher, Esqu/re
Attorney for Plaintiff
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ADAMS.
John W. Kt/chten, being duly sworn according to law, does depose and say that he is
the Senior Vice President of Adams County National Bank, and that the facts set forth in the
foregoing Complaint are tree and correct to the best of his knowledge, information and belief.
Sworn to and subset/bed before me
thise,~.*.~day of tt~~ ,
2001.
Notary Public
My Commission expires:
ROBERT P. ZlECLER
RECORDER OF DEEDS
CUUBERLAND COUNTY-PA
'99R~¥11 PR H 09
lSpace AI~ This Line For 9ecordin[ Data]
MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on ....~.r. ~...2.~.( ..................... . ...................................
19 ...9.9... The mortgagor is ............ ~.? ?..H..E~..Q~....~y..~. .........................................................................
............................................ (''Borrower"). This Security Instrument is given to ~..~]~l~. ~..~q~.~Q~.~ ...............
......... BABY,.. ~..N. ew:gil,l.e.~..P~, ........................................................ which is organized and existing under
the laws of ....P~r~l~$.yJ. Ea. pJ-~ ............................. and whose address is .J., H~..B.J~9..~.PX~.~g ....................
......... AEe~ue,,..H. eW~ £ ~l.e.~..P~,.. ~ 7.2.4~, ................................. ("Lender"). Borrower owes Lender the principal
sum of .~-.r~.~O..HU~DREI~?TWE~.V~.':THQUSANI~..THREE .HDNDRED~=~.~.~r.=~==~.~==r.~.~=~= Dollars
(U.S. $ .2.%2,3 0.0. ~0' 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 . Ma~.c]~. 2 9. ,.. ~ ~} 2 ~ ...................
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 I~rformanee of Borrower's covenants and agreements under this Security Instrument and the Note. For
this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in ................
......... Ne~vJ. ~ ~ ~:. ~BD jcoo. gh.,.. C~i~ r ~,~Etc] ............................ '. ................... County, Pennsylvania:
See Exhibit A, attabhed hereto and
incorporated by reference herein
as though set forth in full.
(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 ...................................................................................................................
[Sb-eet] ICity]
Pennsy van a ] 7~.4.1 ............ ("Property Address");
IZip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and alleasements, 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 of the estate hereby conveyed and has the right to mortgage, grant and
convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend
generally the title to the Property against ail 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 instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Chargea. 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 thc Note, until the Note is paid in full, a sum ("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 insurance 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 U.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 Bank. 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-sinEleFamily-FannieNae/FreddieMacUNIFOItMINSTRUMENT Form3039 (9/90) (page l of 4 pages)
,ood541~. 14
Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in c®nnection 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 required
to pay Borrower any interest 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 each 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 amounts permitted to be held by applicable law, Lender shall account to Borrower for the
excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient
to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case, Borrower shall pay to Lender the amount
necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole
discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds beid by
Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall
apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2
shall be app]isd; first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest
due; fourth, to principal due; and last. to any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may
attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the
manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment.
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments
directly, Borrower shall promptly furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to
the payment oftbe obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against
enforcement of the lien in. legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures
from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines
that any part of the Property is subject to a lien which may attain priority over this Security Instrument. Lender may give Borrower a
notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions se/forth above within 10 days of the giving of
notice.
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured
against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which
Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance
carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If
Borrower fails to maintain coverage described above. Lender may, at Lender's option, obtain coverage to protect Lender's rights in the
Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the
right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss
if not made promptly by Borrower.
Unless Lender and Borrower otherwise acme in writing, insurance proceeds shall be applied to restoration or repair of the Property
damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not
economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property. or does not answer within 30
days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender
may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The
30-day period will begin when the notice is given.
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 I and 2 or change t he amount of the payments. If under paragraph 21 the Property
is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the
acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition.
4. Occupancy, Preservation, Malnten~nee and Protection of ibc Property; Borrower's Loan Application; L~seholds. Borrower shall
occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument
and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond
Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the
Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith
judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's
security interest. Borrower may cure such a default and reinstate, as provided in Oaragraph 18, by causing the action or proceeding to be
dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other
material impairment of the Itch'created by this Security lnstrurllent or Lender's security interest, Borrower shall also be in default if
Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to
provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to,
representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold.
Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property. the leasehold and the fee title shall
not merge unless Lender agrees to the merger in writing.
7. Prott~linn of Lender's Rlgbls in the Prolmrty. I f Borrower fails to perform the covenants and agreements contained in this Security
Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy,
probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to
protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien
which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to
make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragra, p,h 7 lhall bec:omo addil;ional debt of Borrower secured by this Security
Instrument. Unless Borrower and Lender agree to otber.ter~ ~ ~ajnlent ~ ti~s~nb~/~ts shall bear interest from the date of disbursement
at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment.
8. Mortguge Insurance. If Lender required mortgage insurance as a condition ofinaking the loan secured by this Security Instrument,
Borrower shall pay the premiums required to maintain tho mortgage insurance inffeffect. If, for any'reason, the mortgage insurance
coverage required by Lender lapses or ceases to be in effect, Borrower shall pay tbe~premiums required to obtain coverage substantially
equivalent to the mortgage insurance previously in effect, at a cost substantially eqnivalent to the cost to Borrower of the mortgage
insurance previously in effect, from a teruate mortgage insurer a~pr~vcd by Len~ ' If substantially equivalent mortgage insurance
coveragr is not a?allable, B~rrower shall pay to Le~ider each month a sum equal to one-twelfth of the yearly mortgage insurance premium
being paid by Borrower when the insurance coverage lapsed o~ 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) provided by an insurer 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 jn~urM~C~:?, d~in ~b~co~ge v/ith any written agreement between Borrower and Lender or ap.plicable law.
9 lnsneetion Lender~t~ltltdi~ ~'~ii~C~n~b e entries upon and inspections of the Property. Lender shall give Borrower
nnti~e' at thee time 'of or ~ r ~'~'~[~t~{ ~ .~, ~i~Tg~ ~]~g.~easonable cause for the inspection.
lO. C onde mnatton.~YhC~f~EET'd'g~'f~ a'~-'~ r~ ~ m for damages, d~rect or consequentml, m connectton wflh any condemnatmn
or other taking of any part of the Property, or for conveyance in lleu of condemnation, are hereby ~signed 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, wbether or
not then due, with any excess paid to Borrower. In the event of a paCdal 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 oftbe 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 p aid 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 sha~l 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 condemner 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 I and 2 or change the amount of such payments.
Ii. Borrower Hot Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of
arno rtizntion of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate
to release the liability oftbe 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 LlablIBy; Co-Signers. TRe 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 bc 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 a direct 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.
1~. Governing Law; SeverabilBy. 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 s h all not affect other provislons of this Security Instrument o r the N gte which can be given effect without the co nfticting 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. Traosfer of the Property or a Beneficial Interest in Borrower. If all or any part of thc 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 thcse sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
18. Burrower'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 a judgment
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 thc llen of this Security Instrument, Lender's rights in the Property and Borrower's
obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon ralnstatemcnt 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 of Loan Servicer. The Note or a partial interest in the Note (togetber with this Security Instrument) may be
sold one or more times without prior notice go Borrower. A sale may result in a chgnge in thc entity (known as the "Loan Servicer"} that
collects monthly payments duc under thc Note and this Security Instrument. There also may be one or more changes of the Loan Servicer
unrelated to a sale of thc Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance
with paragraph 14 above and applicable law. Thc notice will state the name and address of thc 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) (page $ of 4 page$)
Substances on or in thc Property. Borrower shall not d o, nor allow anyone case to do, anything affecting the Property that is in violation of
any Environmental Law. The preceding two sentences shall not apply to thc 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, or is 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.
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
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree az 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 unles~ applJcible 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 of the 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 foreclosure. If the d cfa ult is not cured as specified, Lender at its option may require immediate payment Jn 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 ali 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
23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to e~force
this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time,
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. Purebase 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 purehaze money mortgage.
26. Interest Rate ABet Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an
action of mortgage foreclosur~ 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
and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]
f~ Adjustable Rate Rider [] Condominium Rider [] 1-4 Family Rider
[] Graduated Payment Rider [] Planned Unit Development Rider [] Biweekly Payment Rider
[] Balloon Rider [] Rate Improvement Rider [] Second Home Rider
[] Otber(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.
· i~ ,~.t...~.~ ................ i~ .~. · .~~ ................. __]~r?oew~~
.............................................................................................. ............. (Seal)
[S~ace Below This Line For Acknowledgment]
", ~ Form3036 (9/90) (page4of4poges)
TRACT 1:
ALL that certain tract of land 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 WHICH 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 MATTHEW J. EAVY, married man.
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 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 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 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 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 in Deed Book 179, Page
657, granted and conveyed to MATTHEW J. EAVY, married man.
Exhibit "A- 1"
00 1541P , 18
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 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 TF/E 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 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
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.
State of Pennsylvania
County of CumberlandJ 86
Recorc~ed intthe office for the reco[di.ng of Deada
ect~ijl~nd f~lc~erland County0~'~.
in _~[~o~V.~l. '
withe~ hand ~ of
Exhibit "A-2"
.BOO 154/PAG , 19
Date: July 19, 2001
ACT 91/6 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your 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 (HEMAP) may be able to help to save your home.
This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30
DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling
Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of
this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.
(Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer
LA NOTI~ICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONIINUAR
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 ELEGIBLE PARA UN PRESTAMO
POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL
CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU H1POTECA.
HOMEOWNER'S NAME(S): Matthew J. Eavy
PROPTERY ADDRESS: 3 Parsonage Street~ Newville, PA 17241
LOAN ACCOUNT NO.: 7456735
ORIGINAL LENDER: Farmers National Bank of Newville
CURRENT LENDER/SERVICER: Farmers National Bunk of Newville
HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HI~,I~P 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 ELIGIBLE 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 ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY STA~( OF ffORECLOSURE - Under the Act, you are 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. THIS MEETING MUST OCCUR WITHIN
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 MORTGAG~
DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATEi
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 counseline a~encies 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 meeting. Advise your lender'
immediately 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 financial 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
TI-IE OTHER TIME PERIODS SET FORTH IN THIS 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.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it uo 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 Spring Avenue and 21 East Main Street, Borou~,h 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:
Monthly payments of $1,774.36 due for March, April, May 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 not use if not applicable):
HOW TO CURE TI{E DI~FAULT - You may cure the default within THIRTY (30) DAYS 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 must 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, PA 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 mort~,a~,e 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 fall paymem
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 upon your mortga~,ed oropert¥.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off 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 required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even 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 you cure the default within the TI-IRTY O0) DAY period, you will not be required to pay 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 have not cured the default within the THRITY (30)
DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up
to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then
due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale
as specified in writing by the lender and by performing any other requiremems 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 never defaulted.
EARI.IE~T pO~IRLE SHERIIe'I0"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 scm to you before the sale. Of course, the amount needed to cure the default will increase the
longer you wait. You may find out at any time exactly what the required paymem or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Farmers National Bank of Newville
Address: One Big Sorina Avenue
Newville~ PA 17241
Phone Number: (717) 776-5312
Fax Number: (717) 776-4855
Contact Person: Carolyn H. Kouah
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 live in the property after the Sheriff's Sale, a lawsuit to remove yoti and your f~rnishings
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.
YOU MAY ALSO HAVE THE RIGHT:
· TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF 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
Financial CounselingServices of Franklin
31West 3a Street
Waynesboro, PA 17268
(717) 762-3285
Consumer Credit Counseling Service of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
(717) 541-4670
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, PA 17325
717) 334-1518
FAX (717) 334-8326
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
FAX (717) 637-3294
Housing Council of York
116 North George Street
York, PA 17401
(717) 854-1541
FAX (717) 845-7934
Consumer Credit Counseling Service of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
YORK COUNTY
Consumer Credit Counseling Service of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
(717) 541-4670
Consumer Credit Counseling Service of Western PA
970 South George Street
York, PA 17403
(717) 846-4176
CUMBERLAND COUNTY
Financial Counseling Services of Franklin
31 West 3~ Street
Waynesboro, PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
25 North Front Street
Harrisburg, PA 17101
(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
Matthew J. Eavy
Postage $ · 34
Certified Fee 2 · ] 0
Return Receipt Fee
(Endorsement Require(S) ] · 50
Restr*ctec~ Delivery Fee
(Endorsement Requin~d)
T~,, Po~ag, & Foo, $ 3.94
(:
Parsonage Street
{'b;~,'~Td,'~,;~;:~'Newville, ................................................................... PA 1724]
· Complete items 1, 2, and 3. Also complete
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 mailplece,
or on the f~ont if space permits.
1. Artic~ Addressed to:
Matthew J. Eavy
3 Parsonage Street
Newvil le, PA 1724]
~ Retired by ~,~e P~nf C~,~y)
D. !s d~ive~ addr~s differeat from
If YES, enter delive~j
m Addressee
DYes
[] No
[] Insured Mall
[] C.O.D.
4. Reetr~ted De~ive~/? ~.x~a Fee) r3yes
7099 3400 000! 4862 9002
PS Fora1 3811, July 1999
Domestic Return Receipt
Matthew J. Eavy
Postage .34
Cedified Fee 2 · I 0
R~urn R~ceipt Fee
(Endomement Required) ] · 50
Total Post~ge & Fees $ 3.94
East Main Street
'-~7--~£~'~$Y .........................................................................
~ewv:l le, PA 17241
II
Matthew J. Eavy
Po~tage · 34
R~um Re~ipt Fee ~
(End ...... nt Requi~) ~
~ [5' West Bzg Sprzng Avenue
-~-~'~:~'~'~-~' ...................................................................... ~ '~-'
SHERIFF'S RETURN -
CASE NO: 2001-06233 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ADAMS COUNTY NATIONAL BANK
VS
EAVY MATTHEW J
REGULAR
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
18 00
7 15
00
10 00
00
35 15
Sworn and Subscribed to before
me this g~ day of
~ ~2~0[ A.D.
tSr6thonotary
So Answers:
R. Thomas Kline
11/02/2001
ADAMS COUNTY NATIONAL BANK
By: ~J~;~___
Deputy Sheriff
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. Envy,
Defendant.
Action in Mortgage Foreclosure
PRAECIPE
To The Prothonotnry:
Enter judgment against Mallhew J. Eavy, the Defendant above named, for failure to
plead to Plaintiffs 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
~ber 19, 2001, such date being more than twenty (20) days after the date of service of
Plaintiffs complaint on November 1, 2001, and at least ten (10) days prior to the date of the
filing of this praecipe.
PUHL, EASTMAN & THRASHER
Edward O. Puhl, Esquire
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
Attorney I.D. No. 55709
lN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ADAMS COUNTY NATIONAL BANK,
Plaintiff
NO. 2001-6233 Civil Term
Matthew J. Eavy,
Defendant
Action in Mortgage Foreclosure
To: Matthew J. Eavy
Date of Notice: December 17, 2001
IMPORTANTNOTICE
YOU ARE IN DEFAULT BECAUSE YOU tlAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITtlIN TEN (I0) DAYS
FROM TIlE DATE OF TillS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST
YOU WITtIOUT A tiEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone Number: 717-249-3166
PUHL, EASTMAN & THRASHER
Edward G. Puhl, Esquire
220 Baltimore Street
Gettysburg, PA 17325
Attorney for Plaintiff
(717) 334-2159
U.S* POSTAL SERVtCE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE--POSTMASTER
Received From:
PUHJ~ EAS~ & THRASHER
0~0 ~altimr~r~ .~tr~.t
~[ysburg, PA 17325
piece of ordinary meil eddresled to:
l~atthe~ 3. ga~
3 Parsonage St.
Ne~ville, PA 1724l
PS Form 3817, Mar. 1989
OFFICE OF THE PROTHONOTARY OF
CUMBERLAND COUNTY, PENNSYLVANIA
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Adams County National Bank,
successor by merger to
Farmers National Bank,
Plaintiff,
VS.
Matthew J. Eavy, Defendant.
No. 2001-6233 Civil Term
NOTICE
To: Matthew J. EaW
3 Parsonage Street, Newville, PA 17241
Pursuant to req~rements of Permsylvania Rules of Civil Procedure, Rule 236, notice is
hereby given_that on ~ ! ~ ,2002, a judgment was entered against
you in this omce in the proceeding as indicated above.
Prothonotary
Date mailed:
Deputy Prothonotary
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
MATTHEW J. EAVY,
Defendant
NO. 2001-6233
Action in Mortgage Foreclosure
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 tree 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
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.
Ross H P~ter, Esqmre
Attorney for Plaintiff
Attorney I.D. #77071
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
Sworn to and subscribed before
mf/)he day .an, d year aforesaid.
My Commission Expires:
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
MATTHEW J. EAVY,
Defendant
NO. 2001-6233
Action in Mortgage Foreclosure
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO PA. R.C.P. 3129.2
Dated: March 22, 2002
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
Sheriffs Office, Cumberland County Courthouse. 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 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 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.
PUHL, EASTMAN & THRASHER
Ross 11. Pifer, Esquire
Attorney ~br Plaintiff
Attorney I.D. #77071
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
.'.4
TRACT I:" ; '
~ that caf'rain tra~ of land situated m.{h~ Ndrth Wa~d of'me,BorOugh
Co~W of ~mb~I~, S~e of~n'~Iv~ Douad~d ~d des~d.~ renews: '
ON me Sou~ by p~son~e S~ on ~e w~ by,lot aow or f°~ly
.CO~G 34 fe~' on P~so~ge S~ more·0i le~g md ~ m ~ ~d~ t0 a
d~ of 180 ~o.C~ ~. . .. ....
KU~ K BRa, ~ deed dated ~ 30, 1994 md veoorded ~ ~e O~ of the
' ~rd~ of Deeds ~ md for ~b~Imd Co~ ~ Deed BOok t 1 I, Page 121,
' ~d ~n~ to ~w'l. ~, m~' m... "" '" " '
C~berl~d ~d State of. Pe~a~l~"~o~'~ p~ of Lot Not 33 ~ ~e Plm of sMd
Borou~ ~d bo~d~ md.de~ed ~ foHo~ to'~t tog~ ~ ~e ~ov~e~
'~on ~ed: · .. .
os m~ s~am b~ ~.~- ~eet;.o. ~e ~o~ ~'.Cove ~, o~ ~e W~a ~y ~t No.
.now ~r fom~ly o~ ~ Ch~l~ Koons;.~d on ~e ~ by mo~ po~on of Lot No.
33 .now or fo~ly'o~ed Dy'~P. S~. CO~G'~-~w (3~) fe~ ~d
(6) ~h~ ~ ~t on~a~ S~e~; ~d one ~ed ~ghW 080) feet ~ d~ to ~e
by B~ ~ ~'~d~' m~ dep~ more o~ I~S. ..
On',~ hu~b~d'~d ~, by deed dated Novemb~'16, 199~ ~ ~ed ~ ~e 0~oe
' of'th~er ofDee~ ~ md fo~ C~b~l~d Coua~ ~ D~d Book i31, P~e ~98; '
~e., .. -'
VER~ K. MACKEY, husband and.wife, by deed dated Sune I 1, 1998 and reCOrded in the
Office of the Recdrder of Deeds in and for Cumberland County ih Deed. Book 179, Page
ALL that ~rtein lot or percol of grbuncl,' to~ther With the
improveraents thereon, ~ituate
..in the Borough o£Hew~lle, Cumberland County, P~nSYlvania, bounded'and de$oribed, as
~ollows: ' ' ' " ' ' '
BE~ .l~i'l~_ G at th~ mtersecti.on of LFo~.~ Alley and Big Spml. g..~.venue (formerly
Railroad Street); thence by said Big Spn,'ng Avenue (formerly R~!koad Street),. Southward
fifly-nlne ($9) feet eight (8) incheS to the line of Bethel Church.lot owned'now or f0rmer!y
by ~e Firs~ Chtn'ch of Ood of Hewville, Pennsylvania, .thence.by the line 9f said chur.c,h. ' ·
'lot, V~estward' si~eight (68) feet to Liberty Alley aforesaid; thence by said L~erty Alley,
Eastward ninety-'0ne.(91) feei Tw0 (2) inches to the place of BEGI~iNING.
S. -~'.¥-l;2~fAH, husband'and.wi~, by deed dated' Aug,. 31, 1990 an/! rOCor,clod, in the
Oflfl~e of'the l~ecorde~ et'Deeds i~ and for Cumb~'Iand County in Deed Book T-34, Page
3331 granted and conveyed.;o DOUOLAS tL l'rl~-lNrF, aVIAH..and 2'0
husband and wi~'e. '" ' ' ' .. ..'" ..
.10 ANN' I-I~INEM.A.N, husbtmd and wife, by deed dated March 29, .1'999 and.recorded
inthe Office ofth~ R. eco.rder of Deeds'.in.and .for Cumberland '
County, gr~nted and conveyed to MATTHEWS. BAVY, at Book 199, page
PRAEC!PE FOR WRIT OF EXECUTION (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
Adams County National Bank, successor by
merger to Farmers National Bank,
VS.
Matthew J. Eavy
Defendant
CIVIL
COURT OF COMMON PLEAS OF TIlE
COUNTY OF CLI~:RIAN),
COMMONWEALTH OF PENNSYLVANIA
Judgment and Writ No..2...Q_0_1_-_.6_..2..3...3_ ....................
PRAECIPE FOR WRIT OF EXECUTION
(MONEY JUDGMENT)
To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTEB,
( 1 ) Directed to the Sheriff of .Cumberland Co~mty, Pem~a.
(2) agaln~t ...... .H_a-t~ h e w-.-J--:--- E--9--v.Y-
Defendant(s);
(3) and agaln~t
Garnishee (s);
(4) and index thi~ writ
Matthew J. gavy
(a) against ......................................................................................................
.................................................................. Defendant(s) and
(b) against ....................................................................................................................
.......................................................................................... Garnishee(s),
as a Ils pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows:
(Speciflcallydeseribeproperty)* See Exhibit A attached hereto for legal descript£on
(5) Amount due
$_._2.2_ .5~ J_9__ L ._8...2. ..........
Interest from
10/20/01 at a per dian
of $50.46
Total ............................ Plus costs.
NOTE
Under paragraph (I) when the writ is directed to the sheriff o[ another county as author/zed by Rule 8103(b), the county
should be indicated.
Under Rule 8103(c) a writ issued on a transferred judgment may be directed only to the sheriff o£ the county in which issued.
Paragraph (3) above should be completed only if a named garnishee is to be included in the writ.
Paragraph (4)(a) above should be completed o.nly if indexinl{ o./th.e exeeu, tio,n in He county o~ issuance, is desired as autho-
rized by Rule $104(a). When the writ issues to another county inoe:nng is reqmrea as or course in that county by the prothonotary..
See Rule 3104(b).
Paragraph (4)(b) should be completed only if real property in the name of a garnishee is attached and indexing ns a lis
pendens is desired. See Rule 3.104(c).
ALL that certain tract of land situated in the North Ward of the.Borough of Newville,
County of Cumberland, State &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 TI:rE SAME REAL ESTATE WI[ICH 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 MATTHEW J. EAVY, married man.
ALL that certain tract of ground situate in the Borough of Newville, County of
Cumberland and State of Pennsylvania, known as part &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 byK.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 alley,
by the same in width and depth, more or less.
BEING TItE'SAME REAL ESTATE WItlCH JOHN F. OILER and SHIRLEY A.
OILER, husband and wife, by deed dated November 16, 1995 and recorded in the Office
&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 TIlE SA1VIE 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 in Deed Book 179, Page
657, granted and conveyed to MATTHEW J. EAVY', married man.
EXHIBIT A
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' ~ntersect~on 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 (9I) feet Two (2) inches to the place of BEGINNING.
KNOWN and numbered as No. 51 Big Spring Avenue.
BEING Tlql~, SAlV~, REAL ESTATE WHICH GERALD E. AL,LEMAN and KAREN
S. ALI.I~.MAN, 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 ~;o DOUGLAS R. HEIN~MAN. and JO ANN HEINEMAN,
husband and wife.
AND BEING TIlE SAME REAL ESTATE WltlCil 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 MATTHEW J. EAVY, at Book 199, page 309.
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
Matthew J. Eavy, '
Defendant :
Action in Mortgage Foreclosure
NOTICE OF SHERIFF'S S,4 LE OF REA L PROPER TY
PURSUANT TO PA. R.C.P. 3129
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, PENNSYLVANIA 17023-3387 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
D ES CRIPTION A TTA CHED).
THE LOCATION of your property to be sold is:
51 West Big Spring Avenue
Newville, PA 17242
3 Parsonage Street
Newville, PA 17242
21 East Main Street
Newville, PA 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. Information about the Schedule of
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.
THIS; PAPER IS A NOTICE OF THE TIME AND PLACE OF THE ,gALE OF YOUR
PROPERTY. It has been issued because there is a judgment against you. It may cause your
property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent
your property from being taken. 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 AD VICE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 24%3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of Cumberland County, to open
the judgment if you have a meritorious defense against the person or company that has entered
judgment against you. You may also file 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 Sheriffs 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
the creditor at least two (2) business days before presentation to the Court and a proposed order or
rule must be attached to the petition. If a specific return date is desired, such date must be obtained
from the Court Administrator's office, Cumberland County Courthouse, 1 Courthouse Square,
Carlisle, Pennsylvania 17013-3387, before presentation of the petition to the Court.
PUHL, EASTMAN & THRASHER
Ross H. Pifer, Esq.
Attorney for Plaintiff
Attorney I.D.//77071
220 Baltimore Street
Gettysburg, Pennsylvania 17325
(717) 334-2159
ALL that certain tract of land 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
Max?' ell, et ur,, on the North by Church Alley, and on the East now or fon~erly of the
Piper Heirs.
CONTAINING 34 feet on Parsonage Street, more or less, and having an even width to a
depth of 180 feet lo' Church Alley.
BEING TI~,' SA_ME REAL ESTATE WI:riCH RICHARD K. BROWN,. KEITH L.
BROWN and GENEVIEVE B. KEID, Executors of the Last Will and Testament of
KUTH H. BKOWN, by deed dated August 30, 1994 and recorded in the Office of the
Recorder of Deeds in and for Cumberland County in Deed Book 11 I, Page 121, granted
and conveyed to MATTHEW J. EAVY, married man.
ALIJ 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 tile West by Lot No. 32
now or formerly owned by Charles Koons; and on the East bY another portioh of Lot No.
33 now or formerly owned byK.P. Smith. CONTAINING thirty-five (35) feet and six
(6) ir/ehes in front on Main Street; and one hundred eighty (!80) feet in depth to the alley,
by the same in width and depth, more or less.
BEING ~'SAME REAL ESTATE WI~I'CH JOHN F, OILER and sI-m~EY 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, SA_M~, REAL ESTATE WHICH lAMES A: MACKEY and
VEKA K. MACKEY, husband and wife, by deed dated June 11, 1998 and recorded in the
Office of the R. ec0rder of Deeds in and for Cumberland County ih Deed Book 179, Page
657, granted and conveyed to MATTHEW J. EAVY, married man.
EXHIBIT A
ALL that certain lot or parcel of ground, together With the improvemems thereon, situate
in the Borough of NewviIle, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING at the' inter'~ection of Liberty Alley and Big Spring Avenue (formerly
Raiimad 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 sixtyzeight (68) feet to Liben'y 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 ~ SAIvlE REAL ESTATE WHICH GERALD E. ALLEM.a~ and KAREN
S. AIJ.I~.MAN, husband and Wife, by deed dated AugUst 31, 1990 a~d 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. HE1NEMAN..and JO ANN HEINEMAN,
husband and Wife.
AND BEING TltE 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 MATTHEW I. EAVY, at Book 199, page 309..
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
Matthew J. Eavy,
Defendant
NO. 2001-6233
Action in Mortgage Foreclosure
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
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 ofNewville, 4 West Street, Newville, PA 17241. Plaintiff in
judgment entered in to No. 4849 of 2001.
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.
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, 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: ,~/[~/o¢. By:
RossH P~fer, q
Attorney for Plaintiff
Attorney I.D. #77071
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
AI,L that certain tract of land situated in the North Ward of the.Borough of NewvilIe,
County of Cumberland, State ofpennsylvanla, bounded and described as follows:
ON the South by Parsonage Street, on the West by.lot now or formerly of Raymond
Maxwell, et ua on the North by Church Alley, and on the East now or fon~erly of the
Pipe? Heirs.
CONTAIAqlWG 34 feet on Parsonage Street, more or less, and having an even width to a
depth of 180 feet to' Church Alley.
BEING TH]~, SAb~. REAL ESTATE WHICH 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
Reco~'der of Deeds in and for Cumberland County in Deed Book 11 I, Page 121, granted
and conveyed to MATTIiEW 3'. EAVY, married man.
AL/3 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/he South by Main Street; on the North by Cove Alley, on tile 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 eighty (180) feet in depth to the alley,
by the same in width and depth, more or less.
BEING THE, 'SAME REAL ESTATE WHICH 3'OHN F. OILER and SI-]IRLEY 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. MAC/fEY and VERA K. MACKEY, husband and
wife. ~
AND'BEING ~ SAME REAL ESTATE WHICH ,~AMES A: MACKEY and
VEP,~ K. MACKEY, husband and wife, by deed dated Sune 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 .[ EAVY, married man.
EXHIBIT A
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~e¢fion 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 siXtyreight (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.
BEI~qG THE. SA1VIE REAL ESTATE WHICH GERAI.r) E. ALI .~-MAN and KAREN
S. AI..I.t~.MAN, husband and wife, by deed dated August 31, 1990 a~d 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 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, gr~mted and conveyed to MATTHEWJ. EAVY, at Book 199, page 309.
1N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ADAMS COUNTY NATIONAL BANK,
Successor by merger to
Farmers National Bank,
Plaintiff
Matthew J. Eavy,
Defendant
NO. 2001-6233
Action in Mortgage Foreclosure
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 ofNewville, 4 West Street, Newville, PA 17241. Plainfiffin
judgments entered to No. 4849 of 2000 and No. 432 of 2002.
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.
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 unswom falsification to authorities.
PUHL, EASTMAN & THRASHER
Dated: April .~ , 2002 By:
Ross H. P~q.
Attorney for Plaintiff
Attorney I.D. #77071
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
ON ~e Sou~ ~ ~o~ S~ o~ ~; W~ ~. ot now or ~m~ly'of~mond
~ ~ to ~~'Z ~w, ~ ~ · .'" ." .. '
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'~on ~: .'. '
' O~oe o~e R~rd~ ofD~ m ~d f~ Cmb~d C~ h D~.Bo°k 179,
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
MATTHEW J. EAVY,
Defendant
: NO. 2001-6233
:
:
: Action in Mortgage Foreclosure
AMENDED RETURN OF SERVICE
STATE OF PENNSYLVANIA
COUNTY OF ADAMS
On this, the 3-gg day of April, 2002, before me, a Notary Public, the undersigned
officer, personally appeared Ross H. Pifer, Esquire, who having been by me duly swom, 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 tree 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
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.
Sworn to and subscribed before
me. the day and year aforesaid.
Notary Public
My Commission Expires:
Ross H. Pifer, Esquire
Attorney for Plaintiff
Attorney I.D. #77071
220 Baltimore Slreet
Gettysburg, PA 17325
(717) 334-2159
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
MATTHEW J. EAVY,
Defendant
NO. 2001-6233
Action in Mortgage Foreclosure
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
Sheriffs Office, Cumberland County Courthouse, 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 filed at the office of the Sheriffbefore 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 Sheriffno 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 Plaintiffis 675 Old Harrisburg Road, Gettysburg, Pennsylvania 17325.
PUHL, EASTMAN & THRASHER
By: ~/~-
Ross H. Pifer, Esquire
Attorney for Plaintiff
Attorney I.D. #77071
220 Baltimore Street
Gettysburg, PA 17325
Dated: March 22, 2002 (717) 334-2159
. ~* 8~ ~ Pmo~ S~ o~ ~o Wm ~.lot now or fo~ly'o~md .
d~ofl80~Io.~~....... ,. . , . . ·
' . · . . · . . . RO~,~.L.
'~on~" ' · ' · '
now dr mm~ly omed ~ ~=I~ K~m; ~d oh ~e ~ ~ ~0~ pomo4 of~ No.
'7'
'. ..;:.. '.,~ , ..... :;:.... : ,,
.!
.i
U.S. PO~TAL ~¥VlCE C~RT~F~CATE OF MAILING
PUHL, EASTMAN & THRASHER / ~
220 Baltimore Street · ~
Gettvsbura. PA 17325 '~,, ,
One piece of ordinary mail addressed to:
Cumberland County Tax Claim Bureau
Cumberland County Courthouse
] Courthouse Square ~
Carlisle, PA ]70]3-3387
PS Form 3817, Mar. 1989
U.S. POSTAL SERVICE CERTIFICATE OF MAILING'
MAy BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
I~IOVlDE FOR INSURANCE-POSTMASTER %,
PUHL. EASTMAN & THRASHER
220 Baltimore Street
t~_.?_H~_~mh,,r~, PA 17R2R
Borough of Newville
4 West Street
Newville, PA 17241
P~ Form 3817, Mar. 1989
Adams County National Bank,
Successor by merger to Farmer National
Bank
VS
Matthew J. Eavy
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-6233 Civil TErm
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 30.00
Surcharge 40.00
Law Library .50
Prothonotary 1.00
Mileage 31.05
Levy 45.00
Advertising 45.00
Posting Handbills 45.00
Share of Bills 25.20
Poundage 25.99
Law Journal 609.50
Patriot News 404.95
Postpone Sale 20.00
Certified Mail 2.54
$1325.73 paid by attorney
09/05/02
Sworn and subscribed to before me ~~~
This g~3~ dayof~ f~
R. Thomas Kline, Sheriff
2002, ^.D. (n~.~,, c. '~,~..j, h~- B¥~ i~/&~/.;,
Prothonotary Real Est~tte Deputy
1N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ADAMS COUNTY NATIONAL BANK,
Successor by merger to
Fm'mers National Bank,
Plaintiff
Matthew J. Eavy,
Defendant
NO. 2001-6233
Action in Mortgage Foreclosure
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 o£Execution was filed, the following information concerning the
real property set forth on Exhibit "A" attached hereto.
I. 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. Nmne and last known address of every judgment creditor whose judgment is a
record lien on the real propmW to be sold:
Adams County National Bank, 675 Old Hart sburg Road, Gettysburg,
Pelmsylvania 17325. Plaintiff in judgment entered to No. 2001-6233
Borough ofNewville, 4 West Street, Newville, PA 17241. Plaintiff in
judgment entered in to No. 4849 of 2001.
Ar.~. that certain tract of land situated in the North Ward of the.Borough of Newville,
County of Cumberland, State o£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.
BEI/~G TW~, SA/VIE REAL ESTATE WIS[ICH RICHARD tL BROWN, KEITH L.
BROWN and GENEVIEVE B. REID, Executors of the Last Will and Testament of
RUTH H. BP, OWN, by deed dated August 30, 1994 and recorded in the Office of the
Recarder of Deeds in and for Cumberland County in Deed Book 111, Page 121, granted
and conveyed to MATTE]EW f. EAVY', married man.
AL/.; that certain tract of ground situate in the Borough of Newville, County.of
Cumberland and State ofpermsylvania, 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/he South by Main Street; on the North by Cove Alley, on tile West by Lot No. 32
now or formerly owned by Charles Koons; and on the East by another portio~ of Lot No.
33 .now or formerly owned by'K.P. Smith. CONTAINING thirty-five (35) feet and six
(6) iffehes 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 T]:IF,,'SA/VIE REAL ESTATE WHICR rOI-IN 1~. OILER and SHIRLEY A.
OILER, husband and wife, by deed dated November 16, 1995 and reoorded in the Office
of the Recorder of DeedS in and for Cumberland County in Deed Book 131, Page 598,
granted and conveyed to//AMES A. MACKEY and VERA K. MA KEY, husband and
wife.,
AND.BEING ~ SA1VfE REAL ESTATE W]tlCH fAMES A: MACKEY and
VEKA IC MACKEY, husband and wife, by deed dated Sune I1, 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 MATTI-IEW I. EAVY, married man.
EXHIBIT A
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' intgr~ection of Liberty Alley and Big Spring Avenue (formerly
Kail~'oad Street); thence by said Big Spring Avenue (formerly Railroad Street),' Southward
fifty-nine (59) feet eight ($) inches to the line of Bethel Church.lot owned now or formerly
by ~e First Church of God of Newville, Pennsylvania, thence by the line of said church
lot, Westward siX-~zeight (68) feet to Liberty Alley aforesaid; thence by said Liberty Alley,
Eastward ninety2one (9I) feet Two (2) inches to the place of BEGINNINGL
KNOWN and numbered as No. 51 Big Spring Avenue.
BEING ~ SAM~.REAL ESTATE WHICH GERALD E. ALLF_,MAN and KA1LEN
S. ALLEMAN, husband and wife, by deed dated August 31, 1990 ~d recorded in the
Office of the Keeorder of Deeds in and for Cumberland County in Deed Book T-34, Page
333~ granted and conveyed.to DOUGLAS R. 14R. INEM_AN and ~0 A-NN' I'~LNEMAN,
husband and wife. '
AND BELN'G THE SAME REAL ESTATE WHICH DOUGLAS R. HEINEMAN and
.10 ANN'HEINEMAN, husband and wife, by deed dated March 29, .I'999 and.recorded
in the Office Df the Recorder of Deeds'in and for Cumberland
County, grated and conveyed to MATTI-~W$. EAVY, at Book 199, page 309.
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
Matthew J. Eavy,
Defendant
NO. 2001-6233
Action in Mortgage Foreclosure
NOTICE OF SHERIFF',V ,VALE OF REAL PROPERTY
PURSUANT TO PA. R. CP. 3129
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held on Wednesday, June 5,
2002, at the CUMBERLAND COUNTY COURTHOUSE, I COURTHOUSE SQUARE,
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 bom~daries 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 LOCATION of your property to be sold is:
51 West Big Spring Avenue
Newville, PA 17242
3 Parsonage Street
Newville, PA 17242
21 East Main Street
New~ille, PA 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 govermnental or
corporate eutities or agencies being entitled to receive part of the proceeds of the sale received and
to be disbursed by the Sheriff(for exm~ple, to bmzks that hold mortgages and mm~icipalities that are
owed taxes), will be filed by the Sheriff within ten (10) days after the sale and distribution of the
>roceeds of sale in accordance with this schedule will, in fact, be made m~less someone objects by
filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of
DisU-ibmion may be obtained from the Sheriff of the Court of Common Pleas of Cumberland
County, Pennsylvania, Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Peunsylvania 17013-3387, (717)765-2641, Ext. 27.
THLql PAPER L~; A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTE 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 judgqnent. 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
T~ttE LEGAL RIGblT, q; YOU MA Y HA VE ARE:
1. You may file a petition w/th the Court of Common Pleas of Cumberland County, to open
the judgment if you have a meritorious defense against the person or company that has entered
judgment against you. You may also file a petition with the same Court if you are aware ora legal
defect in the obligation or procedure used against you.
2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of
Cmuberland 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 fights mentioned in the preceding
paragraphs must be presented to the Court of Conn:aon Pleas of Cumberland County at one of the
Court's regularly scheduled business court sessions. The petition must be served on the attorney for
the creditor at least two (2) business days before presentation to the Court and a proposed order or
:ule must be attached to the petition. If a specific retm'n 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
Ross H. Pifer, Esq.
Attorney for Plaintiff
Attorney I.D. #77071
220 Baltimore Street
Gettysburg, Pennsylvania 17325
(717) 334-2159
TRACT ~ ·
ALL that certain tract of land situated in the North Ward of the Borough of Newville,
County of Cumberland, State of Penn~lvania, 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 THeE SAME REAL ESTATE WHICH RICHARD 1L BKOWN,. KEITH L.
BROWN and GENEVIEVE B. REID, Executors of the Last Will and Testament vf
KUTH H. BKOWN, 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 MATTI-IEW $. EAVY, ma/vied mare
ALL that certain tract of ground situate in the Borough of Newvllle, 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 ihe 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 thC-five (35) feet and six
(6) ifiches in fi-ont on Main Street; and one hundred eighty (Ig0) feet in depth to the alley,
by the same in 'width and depth, more of less.
BEING TH]r,'SAME REAL ESTATE W]tICtt ~'OHN F. OILER and SI-]~,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 Cumberland County in Deed Book 131, Page 598,
granted and ¢onveyed to JAMES A. M~CKEY and VERA K. MACKE¥, husband and
wife.
AND'BEING ~ SA.ME REAL ESTATE WHICH ~'AIV~S A: MACKEY and
VEKA IC MACKEY, husband and wife, by deed dated ~'une I1, 1998 and recorded in the
Office of the Recorder of Deeds in and for Cumberland County iia Deed Book 179, Page
657, granted and conveyed to MATTHEW I. EAVY, married mare
EXHIBIT A
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
fo~ows:
BEGINNING at the' inter~ecfion of Liberty Alley and Big Spring.Avenue (formeriy
Railroad Strent); thence by said Big Spring Avenue (formerly Raikoad Street), Southward
fifty-nine (59) feet eight (8) inches te the line of Bethel Chureh.Iot owned now or formerly
by the First Church of God of Newville, Pennsylvania, thence by the line of said church
lot, Westward sLXl'yzeight (68) feet to Liberty Alley aforesaid; thence by said Liberty Alley,
Eastward ninety-one (91) feet Two (2) inches to the place of BEGINNINC~
KNOWN and nUmbered as No. 51 Big Spring Avenue.
BEING T~rm. SA_M~ REAL ESTATE WIIICtt GERALD E. ALLEMAN and KAREN
S. ATf.F. MAN, husband and Wife, by deed dated'Augu~ 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 P,. HEIN-E~. and JO ANN PIEINEMAN,
husband and wife.
AND BEING THE SA1VIE REAL ESTATE WHICH DOUC~LAS lk PIEI]WEMAN and
IO ANN HEIN MAN, husband and wife, by deed dated March 29, 1999 and.recorded
in the Office of the Recorder of Deeds'in and for Cumberland
County, gr~,nted and conveyed to MATTHEWf. EAVY, at Book 199, page 309..
WRIT OF EXJ~CUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO01-6233 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ADAMS COUNTY NATIONAL BANK Plaintiff (s)
From MATTHEW J. EAVY
(1) 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 p°ssessi°n
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) if property of the defendant(s) not levied upon an subject to attachment is found in the p°ssessi°n
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
Interest 10/20/01 at a per diem of $50.46
Atty's Comm %
Atty Paid $122.15
Plaintiff Paid
Date: MARCH 13, 2002
REQUESTING PARTY:
Name ROSS H. PIFER, ESQUIRE
Address: 220 BALTIMORE STREET
GETTYSBURG, PA 17325
Attorney for: PLAINTIFF
Telephone: 717-334-2159
Supreme Court ID No. 77071
L.L..50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
Prothonotary, Civil Division
By:
Real Estate Sale
On March 14, 2002 the sherifflevied upon the
defendant's interest in the real property situated in
Borough of Newville, Cumberland County, PA
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: '-.70 ~ ~vv~z~q
Real Estate Deputy
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
UnderAct 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
n P tr' t-N newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 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",
Volume14, Page317. ~ ./~ ~.~;'..~ .~~/~ .~.~ ~
COPY ~worn to an~ NSo~aDr~'~Dea~a Detor~ ,,,Ul.t, ht~.~7th day/df'_Ma/y~02 A.D.
S A L E #44 / Harrisburg, Dauphin County I ~un'~Ry PUBLIC
! My Commission Expires June 6, 2002
Member, Pennsylvania Association o! Nota~le~~/ 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., publisher of The Patriot-News and Th und 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.
REAL ESTAE SALE No. 44
Writ No. 2001-6233
Civil Term
Adams County
National Bank, Successor
By merger to
Farmers National Bank
vs
Uatthaw J. Eavy
Atty: Ross H. pifer
DESCRIPTION
TRACT 1: ALL that certain tract of land situated
in the North W~d of the Bc,~ough of Newville,
County of Cumberland, SUe 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
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 TIIE same real estate which 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 11 I,
Page 121, granted and conveyed to Mar'hew J.
Eavy. married man.
TRACT 2: ALL that certain tract of ground situate
in the Borough of Newville, County of
Cumberland and Slate of Pennsylvania, known as
part of Lot No. 33 in the Plan of said Borough and
bounded and dcsctibed 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 Nos. 33 now or
formerly owned by K,R Smith CONTAINING
five (35) feet and six (6) Inches 10 front on Main
Street. and One hundred eighty (I 80) feet in depth
to the alley, by the same in width and depth, more
orless.
BEING THE same real estate which John E 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 which ]ames
A. Mackey and Vera K. Macndy. husband aM
wife, by deed dated June I I, 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 I. Eavy, married
TRACT 3: ALL that certain lot or parcel of
ground, together with the improvements thereon,
situate in the Borough of Newville, Cum~fland
County. Pennsylvania, bounded and described as
follows:
BEGINNING at the intersection of Liberty Alley
and Big Spring A~enuc (formerly Railroad Street);
thence by said Big Spring Avenue (formerly
Railroad Street), South- ward 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, Petmsylvania, 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 3 I. 1990 and recorded in
the Office of the Recorder of Deeds in and for
Cumberland County in Dee~J Book T-34, Page
333, granted and conveyed to Douglas R.
Heineman and Jo Ann Heineman. husband
wife.
AND BEING THE same real estate which Douglas R.
Heineman and Jo Ann Heinemml, 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 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
STATE OF PENNSYLVANIA.'
COUNTY OF CUMBERLAND :
SS.
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
APRIL 26, MAY 3, 10, 2002
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general cimulation, 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.
tor
SWORN TO AND SUBSCRIBED before me this
10 dayof MAY, 2002
Writ No. 2001-6233 Civil
Adams County National Bank.
Successor By merger to Farmers
National Bai~k
VS.
Matthew J. Eavy
Atty.: Ross H. Pifer
EXHIBIT A
TRACT 1:
ALL that cer tah~ tract of land situ-
ated in the North Ward of the Bor
ough of Newville, County of
Cumberland. State of Pelmsylvlmia,
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 Parson
age Street, more or less, and hav-
ing an even width to a depth of 180
feet to Church Alley.
BEING THE SAME REAL ES
TATE WHICH RICHARD R. BROWN,
KEITH L. BROWN and GENEVIEVE
B. REID, Executors of the Last Will
and Testament of RLrI'H 1f. BROWN.
by deed dated August 30. 1994 and
recorded in the Office of the Re
corder of Deeds in and for Cumber
land County in Deed Book 111, Page
121. granted and conveyed to MAT
THEW J. EAVY, Married man.
TRACT 2:
ALL that certain tract of ground
situate in the Borough of Newv~lle,
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 ailother portion of Lot
No. 33 now or formerly owned by
K.P. Smith. CONTAINING thirty-five
(35) feet aild 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,
BEING THE 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 m~d for Cum
berland County in Deed Book 131,
Page 598, granted and conveyed to
JAMES A. MACKEY ai~d VERA K.
MACKEY. husband arid wife.
AND BEING THE SAME REAL
ESTATE WHICH JAMES A. MACK
EY 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 con-
veyed to MATrHEW J. EAVY, mar-
ried man.
TRACT 3:
ALL that certain lot or parcel of
ground, together with the improve
ments thereon, situate in the Bor-
ough of Newvllle, Cumberland
County, Pennsylvania, bounded and
described, as follows:
BEGINNING at the intersection
of U~berty Alley and Big Spring Av-
enue {formerly Railroad Street);
thence by said Big Spring Avenue
{formerly Railroad Street), South-
ward 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 afore-
said; thence by said Liberty Alley,
Eastward ninety-one (91} feet. Two
(2) inches to the place of BEGIN
N1NG.
KNOWN and numbered as No.
and recorded in the Office of the
Recorder of Deeds in and for Cum-
berland 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 WHICH JAMES A. MACK
EY 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 con
veyed to MATIIIEW J. EAVY. mar
rled man.
TRACT 3:
ALL that certain lot or parcel of
grotmd, together with the improve
ments thereon, situate in the Bor
ough of Newvllle, Cumberland
County, Pennsylvania. bounded and
described, as follows:
BEGINNING at the intersection
of Liberty Alley and Big Spring Ay
enue (formerly Railroad Street);
thence by said Big Spring Avenue
(formerly Railroad Street), South-
ward fifty nine (59) feet eight
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 afore-
said; thence by said Liberty Alley.
Eastward ninety one (91) feet, Two
(2) inches to the place of BEGIN-
NING.
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 Cum-
berlalld County in Deed Book T-34.
Page 333, granted and COllveyed to
DOUGLAS R. HEINEIVlIM~ and JO
ANN HE1NEMAN, 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 Cumberland County,
granted and conveyed to MATII4EW
J. EAVY, at Book 199, page 309.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAEClPE FOR WRIT OF EXECUTION
Caption: ' ( ) Confessed Judgment
Adams County National Bank, successor
by merger to Farmers National Bank, ' (X) O~er
Plaintiff ' File No. 200]-6233
Matthew J. Eavy,
VS.
Defendant
TO THE PROTHONOTARY OF THE SAID COURT:
· Amount Due $225,191.82
· Interest per note frcm 10/21/01 ara per diem of $50.z
· Atty's Comm
· Costs
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 Cumber land County,
for debt, interest and costs, upon the following desCribed propert~ of the defendant(s)
_.___See Exhibit A attached hereto for legal description.
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).
[~ (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 ,~~//~
Ross H. Pifer, Esq.
Signature:
Print Name:
Address:
Attorney for:
220 Baltimore Street
Gettysburg, PA 17325
Plaintiff
(7]7)334-2]59
Telephone:
Supreme Court ID No.: 7707
(over)
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.
i I
· in ~he Bo'roush or par~ o~'grou~d, to~h~ ~ ~h~ impro~'mr~e~t
· ... ~ .¢ z) fee~ ~wO (2) moh~ ~o the ,
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 01-6233 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
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. EAVY,
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $225,191.82 L.L.
Interest PER NOTE FROM 10/21/01 AT A PER DIEM OF $50.46
Atty's Comm % Due Prothy $1.00
Atty Paid $1445.38 Other Costs
Plaintiff Paid
Date: APRIL 11, 2003
(Seal)
REQUESTING PARTY:
Name ROSS H. PIFER, ESQUIRE
Address: 220 BALTIMORE STREET
GETTYSBURG, PA 17325
Attorney for: PLAINTIFF
Telephone: 717-334-2159
CURTIS R. LONG
Prothon~ry
Deputy
Supreme Court ID No. 77071
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
Matthew J. Eavy,
Defendant
NO. 2001-6233
Action in Mortgage Foreclosure
AFFIDAVIT PURSUANT TO RULE 3129.1
Adams County National Bank, Plaintiff in the above action, sets forth as of the date
the Principe 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
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 ofNewville, 4 West Street, Newville, PA 17241. Plaintiff in
judgment entered in to Nos. 2001-4849, 2002-435, and 2002-2553.
Agway Energy Products, P.O. Box 250, Delmont, PA 15626. Plaintiff in
.judgment entered to No. 2002-2503.
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.
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, 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:
Dewan Lea Eavy, 3 Parsonage Street, Newville, PA 17241.
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 author/ties.
PUHL, EASTMAN & THRASHER
Dated:_
Ross H. Pill~,~
Attorney for Plaintiff
Attorney I.D. #77071
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
· .~Y. oerJand, State ofP. enn~vI~ ,- ........ ~rough of'N'ewvilie,
· ' · -"'"J, ,.?,,~ vo.unaea mm ciesemVoed ~ follows. '
· o~. rue Sou~ by~'arson~e S~'.~ o.' t~e W~ br.~ot ~o'w o~ ' '" · '
· ~IL et ur, on the'North b,v CI~ Alley --~ .... ~r~erl,v of~..vrnoad
de~.. of ~s0 ~..tO. Ca~ .~..' .. an even ~dt~ tO a
B. R.N~, Eximrtors of the ~ W'd/and Testament bf' '
RUTHH. BROWN, by. deed dated August
._.R .,~.: '~ . 30, I~94 and r~'~rd~d i~ the Oflioe.of'the.
rder of;Deeds ~ and for ._Cu~-_ berland ¢ou/~ in Deed Book 111, Page
· . ~tate ozl;' · . .. . evarilIe, County of'
Bor · . .. ennsylvama, knov,~ as an of · · '
ough a~l bounded and described a~ ~-" .... P ....L_o.t No. 3.3 -, the Plan of said
· .' '.. ] . .. ' . . . enta
, no~f pr. f'o,'~-Iy own~l 'by ~arI~ Koom;. and on ttie ~ast bi, ~otber Portioh. ot'Lo~ Ho.
OIJ.,E~. hugb~d ~d wife, by' deed dated No~ember 'I 6, 199~. and'redo/deal in the
of'the R2'~orcler of'Deed~ in and f'o~: 0umb~fand CouUt7 in Deed Book I3 I, Page $~8~ '
grar~ed and conveyed to ,TA.M~$ A. MAC:KEY and ~ K. lViA~¥, hushed and
wff'e., .. ..~,
.V~ K. MACKBY, husban,d anal.wide, by deed dated June 21, 19~8 and re~rdecI in the
O.ffioe of. the ~Cecorder of'Dee~ in and ~or Cumberland County ih Deed. Book 179, Page
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ADAMS COUNTY NATIONAL BANK, Successor · NO. 2001-6233
by merger to Farmers National Bank, ·
Plaintiff
MATTHEW J. EAVY,
Defendant
Action in Mortgage Foreclosure
RETURN OF SERVICE
STATE OF PENNSYLVANIA
COUNTY OF ADAMS
On this, the 7t~]~ day of /~ ?r,' I ,2003, 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 tree 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
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 April 7
2003, 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.
Sworn to and subscribed before
me the day and year aforesaid.
Notary Public !
My Commission Expires:
Ross H. Pifer, ~
Attorney for Plaintiff
Attorney I.D. #77071
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND. COUNTY, PENNSYLVANIA
CIVIL ACTION- LAW
ADAMS COUNTY NATIONAL BANK, Successor · NO. 2001-6233
by merger to Farmers National Bank, .
Plaintiff
MATTHEW $. EAVY,
Defendant..
Action in Mortgage Foreclosure
NOTICE OF Si~RIFF'S SAL~ OF REAL ESTATE
PUI~UANT TO PA. R.C.P. 3129.2
2003.
TO CREDITOR OR OTHER PERSON OR OTHER PARTY OF INTEREST:
The real estate known ~s 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
Sheriffs Office, Cumberland County Courthouse, Carlisle, Pennsylvania on WedneSday,
September 3, 2003, at 10:00A.M.
Said Sheriffs Sale is pursuant to a Writ o~f Execution issued on the judgment entered
by Adams County National Bank, successor by merger to Farmers National Bank v. Matthew
$. Eavy, in No. 2001-6233 entered in the Court of Common Pleas of Cumberland county,
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 flied with the office of the Sheriffon October 3,
Dated:
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 Plainfiffis 16 Lincoln Square, Gettysburg, Penmylvania 17325.
PUI:H., EASTMAN & THRASHER
Ro~s H. Pifer, Esquire
Attorney for Plaintiff
Attorney I.D. #77071
220 Baltimore Street
Gettysburg, PA 17325
/~"~ '7 2003 (717) 334-2159
·. . : --~' '~ ~ ~ a~ ~ ~o~: '.
·
:"::¥;. :;;. ~'-; ,.?~;~ ;?d~ ~ 180 ~ ~0'~ ~; ........ :'.~. ~.
~ '~ '... ; ; ......
Ar.r~ ". ... ' .. · . .'.'. . . '. . ·
· ~ ~: .' .. .. . .
.n~ pr ~~ o~ ~ ~vI~ ~; ~d ohio ~
.. .... ' " , I~. . .
" .... .. "~ ; ~ ~D~'lS, I~ ~ · · · .
of~ ~~ ofD~ m ' · __ ', . _. ~~ a ~e .~
. . md ~r ~~ ~ · ~ ·
~ ~ ~~, h~bm4 ~d.~ ~.~ ~ ~ ~1, I998
65~, ~ ~ ~~ ~ ~~ I ~, ~
.,:
· .. .
iU.s. POSTAL SERVICE CE~Ij IFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE -- POSTMASTER
Received From: PUHL, EASTMAN & THRASHER
220 Baltimore Street
Gettysburg, PA 17325
(gavy #1871)
One piece of ordinary mail addressed to:
Agway Energy Products
P.O. Box 250
Delmont, PA 15626 .....
PS Form 3817, Mar. 1989
u.s. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROV,DE FOR THF AS EF
Received From: 220 Baltimore Street
Gettysburg, PA 17325
(Eavy #1871)
One piece of ordinary mail addressed to:
Dewan Lea Eavy ,'~,
3 Parsonage Street
Newville, PA 1724l
PS Form 3817, Mar. 1989
U.S. POSTAL SERVICE --
CE~ ~ ~FICATE OF MAILIN
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES N~oGT
PROVIDE FOR INSURANCE -- POSTMASTER
Received From: PUHL, EASTMAN & THRASHER
220 Baltimore Street
Gettysburg, PA 17325
(gavy #187l)
One piece of ordinary mail addressed to:
Borough of Newville
4 West Street
Newville, PA 1724] _ --
PS Form 3817, Mar. 1989
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR IN~E~~% THRASHER
Received From: 220 Baltimore Street
Gettysburg, PA 17325
(gavy #1871) ~
On. ~ o, o~.ar~ ma, ed~,o: ~'~. ~'.~
Cumberland County Tax Claim Su~eau
Cumberland County Courthouse
I Courthouse Square
Carlisle, PA 17013-3387
PS Form 3817, Mar. 1989
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
Mo
Matthew J. Eavy,
Defendant
NO. 2001-6233
Action in Mortgage Foreclosure
NOTICE OF ,¥HERIFF~S ..¥,4LE OF REAL PROPERTIr
PURS;UANT TO P,4. R.C.P. 3127
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held on Wednesday,
September 3, 2003, at the CUMBERLAND COUNTY COURTHOUSE, I COURTHOUSE
SQUARE, 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 A TTA CHED).
THE LOCATION of your property to be sold is:
51 West Big Spring Avenue
Newville, PA 17242
3 Parsonage Street
Newville, PA 17242
21 East Main Street
Newville, PA 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. Information about the Schedule of
Distribution may be obtained fi.om 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.
THI,¥ PAPER I,¥ A NOTICE OF THE TIME AND PL/ICE OF THE ,V~4LE OF YOIJtl
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 fi.om 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 T~4KE THIS PAPER TO YOUR LAWYER ~IT 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 LEGAL RIGHT, V YOU MAY H~4VE ARF,:
1. You may file a petition with the Court of Common Pleas of Cumberland County, to open
the judgment if you have a meritorious defense against the person or company that has entered
judgment against you. You may also file 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 Sheriffs 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 Chamberland County at one of the
Court's regularly scheduled business court sessions. The petition must be served on the attorney for
the creditor at least two (2) business days before presentation to the Court and a proposed order or
role must be attached to the petition. If a specific retum date is desired, such date must be obtained
fi.om the Court Administrator's office, Cumberland County Courthouse, 1 Courthouse Square,
Carlisle, Pennsylvania 17013-3387, before presentation of the petition to the Court.
PUBL, EASTMAN & THRASHER
Ross H. Pifer, Esq.
Attorney for Plaintiff
Attorney I.D.//77071
220 Baltimore Street
Gettysburg, Pennsylvania 17325
(717) 334-2159
Com!..ty.of Cumber!and, State of~ena~I,~,--:'-' b ...... '-- Sh
· . ---~. · .~,=, o~naea aaa aesCn'bed.as follows: '
· ~el[, et ux, on the'North by Chur~ A/fey, and on the E~t now or fOmeriy of~fle
· CO~~o ~4 ~ o~ ~a~o~ S~'~. ~o, or ~,~ ~.~ ..~g,n ~ ~h
.". d~r~h., of~80 ~.t0. Ch~.~U~. "- ..
.. R~K BRO~, by. deed da~ed ~ 30, I994 ~ ~rd~d h ~e
Re~rd~ of Dee~ h ~d for ~b~I~d Co~ h D~ Book 111, ~e ]21,
~ ~ ~0nv~ ~o ~~.Z..~, ~.~. .... ..
~ "
. .. [~ '~. ~,~ .,., . ~ . , . ' . * . ' '. ' . " . · . . ' ·
bo~d~'~d.d~b~ ~ fo~ows, to ~ tos~ M~ ~e
~ now Pr fom~Iy o~ ~ ~le~ Xoom;. ~d oh.~ ~ ~ ~o~ Po~oh. o~ No.
of'~e ~~ ofD~ ~ ~d fo~ ~b~d Cou~ ~ D~ Book I31, P~e
~ K ~C~Y, h~b~4 ~d.~ ~ .d~ ~ ~e i i, 1998 ~d m~rded ~
Offi~ of~e ~rdm ofDee~ ~ ~d for ~b~d Co~ ~ D~.Book 179, Pa~e
.' EX~tl'B~'T A
· in the Borough of Newv~e, Cumberland County, Penmylvania, bounded'and descn%ed .as
follows: · · . .
_ E..GINNING at the intersect/on o£La~oerty AlI~,,'and Bi~ o". .... "._ . .
Rairroad ~treet); thence b;~ sai~ ~:~ o__.__, -~ ,_ ~ ap~.~venue (formerly ..
-' ,' '-' -'.',s ~g .ung avenue (formerly.Railroad Street),, Southward.
fli~y-n,ne ($g) feet e/ght (S) 'inches to the line ofBothe, l Church.lot'own~.n0w or formerI
by ~e First Church o£C-od ofHewville, Pennswlvani* ~,,,^- ~.,,_ ~. .; · , ~ ' ' Y
lot, Westward'siX~t (6.8~ feet to --~- ,-,. -~,,~ uy me line o!saio ohurch., '.
· . Lib .er~.Alley aforesa/d; thence by said L~erty Alley,
Ea~... ard ' .ninety-~ne.(91) feei Two (2) fiches to the place of BEGINNING.
· . ,-,,,.,o ,u unu ~.or Cumberland (.;ounty in Deed Book T-34, pal~e
husband and wife. ·
· '.7~"~-~v~u~, n.usoana ancl wire, ~y deed dated March'.29,..1999 and.re¢ordeFd.' '·
In. the Office of the Recorder ofD~eds'in.and .for Cumberlan'd ' ...
· County, granted and oonveyed to/vf~~W~. ~,A, VY., at B;ok.. 199, page 309.:
COMMONWEALTH OF PENNSYLVANIA -~
COUNTY OF CUMBERLAND
SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriffs Deed in which Adams County National Bank is the grantee the same having been sold to
said grantee on the 3rd day of Sept A.D., 2003, under and by virtue ora writ Execution issued on the
1 lth day of April, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2001
Number 6233 Pat the suit of Adams County Natl Bk stub Farmers Natl Bk against Matthew J Eavy is
duly recorded in Sheriff's Deed Book No. 260, Page 170.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this ~ ?--~-- day of
A.D. 2003
~corder of Deeds
Adams County National Bank, successor
By merger to Farmers National Bank
VS
Matthew J. Eavy
In The Court of Common Pleas of
Cumberland County, Pennsylvania
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, PA 17241, Cumberland
County, Permsylvania, its contents and at the same time handing to him personally the
said true and correct copy of the same.
Shannon 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, Pennsylvania, according
to law.
Shannon 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, Pennsylvania, according to
law.
Shannon 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 tree 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 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
mmmer: The Sheriff mailed a notice of the pendency of the action to one of the within
named defendants, to wit: Matthew J. 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 sum 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 sum of $1,239.40.
Sheriffs Costs:
Docketing $30.00
Poundage 24.30
Posting Bills 45.00
Advertising 45.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library
Prothonotary 1.00
Mileage 16.56
Levy 45.00
Surcharge 40.00
Law Journal 502.55
Patriot News 356.59
Share of Bills 28.90
Distribution of Proceeds 25.00
Sheriffs Deed 39.50
$1239.40
Swom and subscribed to before me So Ajlsw~is:
This 2'7 :dayof (~.~__~ ~'~ f~
.~ R. Thomas Kline, Sheriff
2003, A.D'Prbthonotary('~ ~'h.d~,~,. ~ BY ~ )~ (2~.[. ~,, ~ ~ (_ (\
Real Estate Deputy
Real Estate Sale # 09
On May 1, 2003 the sherifflevied upon the
defendant's interest in the real property situated in
Newville Borough, Cumberland County, PA
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 walt and by this reference incorporated herein.
Date: May 1, 2003
By: -,]0 d~ ~
Real Estate Deputy
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L. 1784
STATE OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
SS.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
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 advertismnent, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
I~AL I~TA'I~ SALlg 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: Parcel ID #28 20-1754
046.
Address: 51 West Big Spring Ave-
nue, Newvllle, PA.
ALL that certain tract of ground
situate in the Borough of Newvflle.
County of Cumberland and State of
Pennsylvania, lmovm 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
th~ East by anather portion of Lot
No. 33 now or formerly owned by
K.P. Smith. CONTAINING thirty-five
(35) feet and six {6} Inches in l¥ont
on Main Street: and one hundred
eighty {1801 l~et in depth to the al-
ley, by the stone tn width and depth,
more or less,
BEING THE SAME REAL ES-
~"~l/~dlCH JOHN F. OILER and
~ husbmld and
S~ORN TO AND SUBSCRIBED before me this
1 day of AUGUST, 2003
No. 33 now or formerly owned by
K.P. Smith, CONTAINING thirW five
(35) lket rind slx (6) inches in t¥ont
on Main Street: and one hundred
eighty (180) l~et in depth to the id
Icy. by the same in width and depth.
BEING THE SAME REAL ES
TATE VAIICH JOHN iA 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
VBRA K. MACKEy. husband and
wife.
AND BEING THE SAME REAL
ESTATE WHICH JAMES A. MACK-
EY 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 con-
veyed to MATrHEW J. EAVY. mar
Ned man.
TRACT 3: parcel ID #27-20-1756-
010.
Address: 21 East Main Street,
Newville. PA.
ALL that certain lot or parcel of
groined, together with the improve
ments thereon, situate in the []or
ough of Newvffie, Cumherlar~d Coun-
ty, Pennsylvania, bounded and de-
scribed as follows:
BEGINNING at the intersection
of Liberty Alley and Big Spring Ave-
nue (formerly Railroad Street);
thence by said Big Spring Avenue
(formerly !qailroad Street), South-
ward 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 afore-
said; thence by said Liberty Alley,
Eastward ninety one (91) feet Two
(2) inches to the place of BEGIN-
NING.
KNOWN and numbered as No.
51 Big Spring Avenue.
BEING TIIE 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 ha 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 WHICH DOUGLAS I% HEIN-
EMAN and JO ANN HEINEMAN. bus
band and wife. by deed dated Maxch
29. 1999 and recorded in the Of
flee of the Recorder of Deeds in and
for Cumberland County, granted
and conveyed to MATTHEW J.
EAVY. at Book 199, page 309.
THE PATRIOT NEWS
THESUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws
of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in
the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The
Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 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 Cc. 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.
MY ~ Ex~r~ June 6. 2006 Y PUBLIC
Memb~,Penmy'~n~aA~aodea~O~Nea~e~ 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 Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.