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HomeMy WebLinkAbout08-2506 IN THE, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC, vs. Plaintiff, Jeffrey W. Jacobs Defendants. TO: DEFENDANTS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. 1 HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS 601 Fifth Avenue Scottsbluff. NE 69361 AND THE DEFENDANT: 91 West Vine Street Shiremanstown PA 17011 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFE CTED BY THIS LIEN IS 91 West Vine Street Shiremanstown PA 17011 Municipality: Shiremanstown scott a. aefte,," ATTORNEY FOR PLAINTIFF ATTY FILE NO.: XCP 100010 CIVIL DIVISION NO.: D'$ - ISD(o Civi l -exT-% TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Aurora Loan Services LLC COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Richard P. Haber, Esquire Pa I.D. #202567 Eric Santos, Esquire Pa. I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office@zuckergoldberg.com File No.: XCP- 100010/bkm Zucker, Goldberg & Ackerman, LLC XCP-100010 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Zucker, Goldberg & Ackerman, LLC XCP-100010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC, CIVIL DIVISION Plaintiff, vs. Jeffrey W. Jacobs Defendants. : NO.. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XCP-100010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC, : CIVIL DIVISION Plaintiff, vs. Jeffrey W. Jacobs Defendants. : NO.. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de ]as demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO T1ENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone(800)990-9108 (717) 249-3166 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone(800)990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XCP- 10001 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC, CIVIL DIVISION Plaintiff, NO.: Oy- O-4 vs. Jeffrey W. Jacobs Defendants CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Aurora Loan Services, LLC, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff, Aurora Loan Services, LLC, which has its principal place of business at 601 Fifth Avenue, Scottsbluff, NE 69361. 2. The Defendant, Jeffrey W. Jacobs, is an individual whose last known address is 91 West Vine Street, Shiremanstown, PA 17011. 3. On or about April 29, 2004, Jeffrey W. Jacobs executed a Note in favor of Citizens Mortgage Corporation in the original principal amount of $99,800.00. Zucker, Goldberg & Ackerman, LLC XCP-100010 4. On or about April 29, 2004, as security for payment of the aforesaid Note, Jeffrey W. Jacobs made, executed and delivered to Citizens Mortgage Corporation a Mortgage in the original principal amount of $99,800.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on May 4, 2004, in Mortgage Book Volume 1864, Page 1287. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. The aforesaid Note and Mortgage was assigned by Citizens Mortgage Corporation to Mortgage Electronic Registration Systems, Inc., pursuant to an assignment of mortgage dated March 8, 2005 and recorded on February 1, 2006 in the Office of the Recorder of Deeds for Cumberland County in Assignment Book 724, Page 2610. 6. The aforesaid Note and Mortgage was further assigned by Mortgage Electronic Registration Systems, Inc. to Aurora Loan Services, LLC, plaintiff herein, pursuant to an assignment of mortgage to be recorded. 7. Defendant is the record and real owner of the aforesaid mortgaged premises. 8. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Zucker, Goldberg & Ackerman, LLC XCP-100010 9. On or about February 12, 2008, Defendant(s) were mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P. S. §101, et seq. 10. The amount due and owing Plaintiff by Defendant is as follows: Principal $ 94,627.10 Interest through 03/19/2008 $ 2,314.94 Attorneys' Fees $ 1,250.00 Title Costs $ 525.00 Late Charges $ 110.20 Suspense Balance $ -393.50 Recoverable Balance $ 92.00 Total $ 100,500.74 plus interest on the principal sum ($94,627.10) from March 19, 2008, at the rate of $13.80 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $100,500.74, with interest thereon at the rate of $13.80 per diem from March 19, 2008, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Zucker, Goldberg & Ackerman, LLC XCP-100010 ZU( BY: Scott A. Dietterick, Esquire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D.#89705 Richard P. Haber, Esquire PA I.D.#202567 Attorneys for Plaintiff 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 908-233-8500 FAX 908-233-1390 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XCP-l 00010 03-18-`08 15:38 FROM-Premier Abstract J lp 7(0.5 Auer Recording Return To: au? a atim _10 Td we Lme WI -pi 02915 T-830 P019/064 F-423 ' ?oerar P zlr?t,?R ?' ''e`?ntAl;a O DEEDS CCUNr r _ F;<< "1 SAY 4 Pn 3 07 Parcel # 37--23--0557-247 [Space Above This Line For R"ording Data) MORTGAGE DEFINITIONS 2179340 Words used in multiple sections of this document we defined below and other words are defined in Sections 3,11,13,18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A2)?,"Security Instrumeat" means this document, which is dated Anltl 29 together with all Riders to this document. ' (B) "Borrawcr" is the mortgagor under this Security Inst n mem Borrower is (C) "Leader" is S MORTGAGE cvanQ??7ON Carporatlol, . Lender is a The Stm* or Rhode now ---_, organized and existing under the laws of RNERSit}ti, RI 0291 s Lender's address is 10 TRIPPS LANE (D) "Note" mesas the promissory note signed the mortgagee under this Security Instrument. gtted by Borrower and dated ?y 2004110 Note states that Borrower owes Lender no/t00 IVMIe Tholpmd Huadtrd and Dollars (U.S. $_ s9,,.oo 1 plus interest. Borrower has promised to regular Periodic Payments and to pay the debt in full not later than P0Y this debt in (E) "Propi""y»tueans 1 2034 the property that is described below under the heading "Transfer of Rights in the Property," M "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all stuns due under this Security Instrument, plus (G) "Riders" means all Riders to this Security Instrument interest that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable]: ? Adjustable Rate: Rider ? Condomioium Rider 1:1 Balloon Rider V Planned Unit Development Rider p? Second Home Rider 0 1-4 °niuy Rider O Biweekly Paymant Rider ?te)l l FRMfSYLVAMA-,%Wf Fangy .Final, mwFnaal. Mgt MMORIM 1I WMU MIITT NN.Mm FOm bVI (pagelgff6~,) S47?04o0ebuYcze/?o Jaco& BK 18 6 4 PG 1287 03-18`08 15:39 FROM-Premier Abstract T-830 P020/064 F-423 (H) "Appiieable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Ekctrouic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (I) "F.scrow.Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or procceds paid by any third party (other than insurance proceeds paid under the coverages described in Section S) for (i) damage to, or destruction o& the Property; (ii) condemnation or other all or any part of the Pro taking of Ierh': (iii) conveyance in lieu of condemnation; or (iv) misrepresentations o or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R_ Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender. (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby YENNSMANrk-SkUle Femlly-Faaak MS&Wftddk Mac UNIFORM OS'TRUMMT RermAf39 JAI {pw2eJt6pugef) 30W.Fftm 8K#864PG1288 . 03-18-'08 15:39 FROM-Premier Abstract T-830 P021/064 F-423 . mortgage, grant and convey to Lender the following described property located in the Of COI3ANp [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] which currently has the address of 91 w. VINE STREET SHIREMANSTOWN [Street] Pennsylvania I .L01 t C Prop?y Address'): [City] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. AN replacements and additions shall also be covered by this Security Instrtmrent, 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 except for encumbrances of record. Borrower Property is unencumbered, warrants and will defend generally the title tle to to the the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMSNr combines uniform covenants 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, latwest, Escrow Items, Prepayment Charges, sad Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrumcnt shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security lnstrument be made in one or more of the following forms, as selected by Leader (a) cash, (c) certified check, bank chark e(b) money order; , treasum s check or casbier s check, provided any such check is PZfflV YLYAMIA-_SL*k Family-Faaak MidPnMM Mse UNWORM Ug5=uMZIMT term 3q! Ill 0xV3 of 16 po;e,l 303K.FRM BK ! 864PG 1289 • 03-18-`08 15:40 FROM-Premier Abstract T-830 P022/064 F-423 drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Notre or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan curtent. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such Bads will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured-by this Security Instrument. 2. Application of payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest dye under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received 6om Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in Hill. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied lust to any prepayment charges and then as described in the Note. Any application orpayments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds') to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrimtent as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items ate called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, PZMgMVANfA-81*eFwWy-Fnu*MM*&Wr.m6MatuNUN3gMRYS'MVNWr Form"39 1181 (paW40fidpaNW) JD393YAM BK1864PG1290 03-18-`08 15:40 FROM-Premier Abstract T-830 P023/064 F-423 be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Items. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow items unless Lender wamm Borrower's obligation to pay the Funds for any oral] Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at anytime. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by bender and, if Lender requires, shall fiurnish to Lender receipts evidencing such payment within such time period as Lender may require, Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow items day, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the atnount 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 an institution whose deposits are so insured) or in any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Items no later then the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually sualyzmg the escrow aeoourtt, or verifying the Escrow Items, unless Lender pays Borrower iatetest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requir= interest to be paid on the Funds, Lender shall not be required to pay Bom mw any interest or earnings on the Funds. Borrower and Lender can 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 as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Leader shall account to Borrower for the excess funds in accordance with RFSPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender, ft WSYLVAN1A-91t & F-UY-F-ak MWFn ddk Mu UNQrOR K nVMUMWT Fo1r 7p9 JAI (pagr J ofl6paysrf 3MM.FRM BK l 8 6 4 PG 129 1 . 03-18-08 15:41 FROM-Premier Abstract T-830 P024/064 F-423 4. Charges; Dens. Borrower shall impositions attributable to the Property which Pay all taxes, assessments, charges, fines, and leasehold payments or ground rents on the can attain priority over this Security Instrument, these Property , ifany, and Community are Escrow Items, Bawer shag pay lees, and Assessments, anprvided iQ Section extent that in the Section 3. Borrower shall shag ll P$Y the?rn unless Borrower: promptly discharge any lien which has priority over this (al ) gees in writing to the payment of the ob Sec ttity the lieiune a manner acceptable to Lender, but only ? long as Borrower is performilo which to Lender's good felt by, or defends against enforcement of the lien in such agn??? are 8, iaion operate to prevent the enforcement of the lien while the Proceedin gs an agreement but only v l such proceedings are concluded; or (c) secures $vm the bolder ? en sa determiaes that tisfactory to Lender subordinating the lien to this Security any Pan of the Property is subject to a lien Instrument. If Lender '?' Instrument Lender may give Borrower a n which can attain PriOnty over this S'mR date on which that notice is once identifying the lien. With IQ days of the set forth above in this given, Borrower shall satisfy the lien or take one or more of the actions Section 4. Lender may requite Borrower to P reporting service used ay a one-time charge for a real estate tax 9.by Lender in connection with this Loan, verification and/or Insurance. Borrower shall erected on the Pr,ap?y insured ?P the improvements now existing or hereafter coverage and an other Wing loss by fttle, Hazards included within the term "extended Y hazards including, but not limited toy earthquak and Lender requires insurance. This insurance shall be maintained ins floods, for which levels) and for the periods that Lender requires. What Lender the requires (inchr ' sentences can change during ? deductible 8^e durin the term of the Loan. The ires Pursuant to the preceding shall be chosen by Borrower subject to Lender's right i c carrier Providing the insurance shad not be exercised imzeasonabl . isappmve Aorrower s choice, which right ay require Borrower to pay, in connection with this f'O?. either: (a) a one-time charge forlfloo?d mZone or (b) a one-tune charge for flood zone determination cettifiq?tion and riaclQng ??; charges each time oration and certification services and subsequent remsPPinP or similar changes occur which might determination or certification. Borrower shall also be responsible for the n'for they mew affect such imposed by the Faders! Emetge=y PaYem of soy fees zone determination resulting Menagemem Agency in connection with tim review of any flood g from an objection by Borrower. in If Borrower fails to maintain any of the coverages described surance coverage, at Lender's option and Borrower's a above, Lender may obtain purchase any particular type or amount of cov ??0' Lender is under no obligation to but might or might not protect Borrower, B???>s?erefore, such coverage shall cover Lender PrOPWY, against any risk, hazard or liabi equity the Property, or the contents of the Previousl in effhh' and might provide greater or lesser than was y act th ecm acm off umnthat the coat of the insurance coved so obtained e might significantly exceed ceed the ?raaa that Borrow= could have obtained. disbursed by Lender under this Section S shall become additional debt of Borrowers sect curry Security d shall ?e amounts ereet at the Note this an shall bear im rate from the date of disburseYment payable, with such interest, upon notice from Lender to Borrower requesting Payment FEW8YLVANL1_.s1q* Fanvily-Fas21a>11,WFft"J,MaeU?WoaMMs77t MBNT 3D3KFRM F'" IN, ga,60f16P.W.) BK 18 6 4 PG 12,92 03-18-'08 15:42 FROM-Premier Abstract T-830 P025/064 F-423 All insurance policies required by Lender aad renewals of such policies shall be subject to Leader's right to disapprove such policies, shall include a standard mortgage clause, and shall name Leader as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the include a standard mortgage chursc and shall same Property, such policy shall Payee. Lender as mortgagee and/or as an additional loss la 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 otherwise agree in writing, any insurance proceeds, whether or not the under and Borrower required by Lender, shall be applied to restoration or repair o underlying ti insurance was is economically feasible and Leader's security is not lessened. During sucha air an re to ration iti Period, Lender shall have the right to hold such insurance proceeds until l Lower and d as bad opporpnrity to inspect such Property to enure the work has been has bad an Provided that such inspection shall be undertakers completed is Leader's satisfaction, repairs and restoration in a single Promptly. Lender may disburse proceeds for the Payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower an on such proceeds. Fees for public adjusters, or other third any interest h earnings paid out of the insurance proceeds and shall be the sole obligation retained by Borrower shall not be or repair is not economically feasible or Lender's security would d be be es Borrower. If the restoration n nee proceeds shall be applied to the sums secured by this Security I t le r o the in excess, if any, Paid to Borrower. Such insurance ?' whether or not then due, with the in Section 2. proceeds shall be applied in the orderprovided for If Borrower abandons the Property, Lender may file, negotiate and insurance claim and related matters. If Borrower does not settle any available Lender that the insurance carrier has offered to settle a claim. then respond ? ??ys of a iate notice from the claim. The 30-4y period will begin when the notice is may negot and settle acquires the Property under Section 22 or otlietwise given. either mevent or ig if Lender (a) Borrower's rights to any insurance , Borrower hereby assigns to Lender proceeds in an amount not to exceed the amounts unpaid under the NOW or this Security instrument, and (b) any other of Borrower's rights (other than the right to any refund of uneamed premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the the insurance proceeds either to repair or restore the Property Property. Lender nde use or P$Y amounts unpaid under the Note or this Se rarity Instruunent, whether or not then due. 6. Occupaucy. Borrower shall occupy, establish, and use the Property in cu 1 the residence within 60 days after the execution ofthis Security Pte' as Borrower's PY Property as Borrower's print ?' instrument after shall continue of occupancy, unless Lender otherwise ? residence for at least one year ear a after the date of oc up or voles exte rider circumstances agrees in writing, which consent shall not be unreasonably g exist which are beyond Borrower's control, ?. Preservation, Maintenance and Protection of the Property, Inspections, Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste P81Yr "LVAd1A-9u We F"Y-Paine NftWzmW1* rye Ul MiW QdWMU FOIb m9 lAl (pose 7 Q{16 parer) 30M.FRM @K 1664PG 1293 . 03-18-`08 15:42 FROM-Premier Abstract T-830 P026/064 F-423 on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid Author deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, cc the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Leader has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed, If the insurance or condemnation proceeds are not sufficient to rep* or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. & Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. ]Protection of Lender's Interest in the Property and Rigbts Under this Security Instrument If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest is the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights tinder this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change looks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or oil. Although Lender may take action under this Section 9, Lender does not have to do so said is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice tbom Lender to Borrower requesting payment. PENNSYLVANIA-Stoyk Femity-.Fuute MadFrd/k H. Uryrp RN INSIMUMN' Form 3M tAl 6Mp d ofl6pngo) 700W.FHM 9K1864PG1294 03-18-'08 15:43 FROM-Premier Abstract T-830 P027/064 F-423 ?i. 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. 10. Mor*W Insurmee. If Leader required Mortgage Insurance as a condition of malting the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Leader ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall Pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage inumer selected by Lender. If substantially equivalent mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non- refundable loss reserve in lieu of Mortgage Insurance. Such lose reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Bomower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required- to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other patties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). . As a result of time agreements, Lender. any purchaser of the Note, another insurer, any reinsuter, any other entity, or any affiliate of any of the foregoing, may receive (directly or iadiarectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: PENMYLVAMA-9w& FuWy--F=nhMWFnditMaeUMMRMME RUMEW Fa 3r31 UV1 (pVvPgfJ6pa4vs) MM.FRM 8KI864PG1295 03-18-`08 15:44 FROM-Premier Abstract T-830 P028/064 F-423 (a) Any such agreements will not affect the amounts that Borrower bas agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not Increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the ruts Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miseelbneom Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not leavened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made m writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings -on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,-paid to Borrower. In the event ofa partial taking, destruction, or loss in value ofthe Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial tatting, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial tatting, destruction, or loss m value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether, or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for r&NNSYGVANIA--3-& FsaWy-peak Al"Vro I, Mac VNR1oRM INSMUMN7 Form 3l" ur fnwr• Jooll6,a?.,? RW BK ! 664?G 1296 03-18-`08 15:44 FROM-Premier Abstract T-830 P029/064 F-423 damages' Borrower fails to respond to Lender within 30 da Lender is auth ys after the date the notice is given, orized to collect and apply the Miscella>ieous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrumen "Opposing Party" means the third t. whether c not then due. against whom B 1y that owes Borrower Miscellaneous proceeds or oshall b has a right of action the party in regard to Miscellaneous proceeds. Borrower shall be in default if any action or proceeding, whether civil or that, in Lender's judgment, could result in forfeiture of the criminal' is begun h'oPe tY or other material impairment ms's interest in the Freperty or ti this Security histrum o under a default and, if acceleration has occurred, as ?? Borrower can taus such or ptoceedirrg to be dismissed with a ruling that provided in Section 19, by causing the action , in . Lender's judgment, precludes forfeiture of the Property or other material impairment of Security Instrument. 'The proceeds of Lenders interest in the property or rights under this innpairment of bender's interest in the Property or claret for damages that are attributable to the y are hereby assigner and shall be paid to Lender All Miscellaneous PYeceeds that be applied in the order not aWied to restoration or repair of the ftopert 12, provided for in Sam ection 2. Y shall mower Not R81; Forb"raace time for Payment or modification of amo By Lender Not a Waiver. Extension of the Mad by Leader to rtarttion of the sums secured by this security instrument the liW b of Borrower or any Successor in Interest of Borrower shall not h' Borrower or any Successors in hatarest of operate to tlease commence p? Sgt Borrower. Lender shall not be required to m or otherwise M' Successor in Merest of Borrower or to refuse to extend modify amortization of the Sums time for of any demand made by the original Bonvwer or any reason secured by this S Successors sereYst of ?anen Borrower reason forbesrmw by Lender in exercising any right or remedy including, without limitati Any acceptance of payments from third pew, entitles or - Succe b on, Lenders amounts less than the amount then due, shall not be a waiver of or m Interest of Borrower or in or remedy, prechrde the exercise of airy right 13. Joint and Several Llab111ty; C&'WPars; Saocessore and covenants and agrees that Borrower's obligations and liabih Asbgna Bow' Borrower any Borrower who co-signs this writ, Instrument but does not ea a Joint end te eral. However, (a) is eo-signing this SecutYtY lnstrumoat °C+t??? Note (a co-si uner. ): in the property under the term of this Only to mOrtg°ge' t3ant and convey tbo co-signer's interest some secured by this Security 1nstrumenty Instrument; (b) i$ not personally obligated to pay the d (c) agrees that Lender and my other Borrower o, can agree to extend, modify. forbear or maim Anany Suety Bzst rMent or the Note without the cco-saceo? o with reto the terns of this Subject to the previsions of per's COme°t' Borrower's ob Section IS, any Successor in h$atiOn3 under this Security Itis ? in writinhftrest obtain all of Borrower's rights and'benefits under tbis g, , and a? is of wed Borrower by who assumes Lender, shall released from Borrower's ob ' ??' Instrument. Boaower shall not be agr'cft to such release in writm?tio? and liability under this Security Instrument unless Lender bind (except as provided in Section 0) and a ti ti'and agreements ofthis Security Instrument shall 14. Loan s succMm and assigns of Lender. with Borrower's defag tender may charge Borrower fees purpose of Protecting for ,*=o?? in connection under this Security Instrument, the including, but nbt limited to ace s einterest ys, fe in the property and rights es, property imVection and valuation fees, pKMMV Br regard to any other fees, the absence of exPrea authority in this Secu ty e F4&QY-Jr04Nk MW1?rMdk Mae UNWOMM HW=VMzNT ?UC1Y O MM Pefm 3M !AI &IIe 11 oJ'l6 p.ge,) 8K 1864PG 1297 . 03-18-'08 15:45 FROM-Premier Abstract T-830 P030/064 F-423 Instrument to charge a specific fee to Borrower shaft not be construed as a prohibition on the charging of such fee. Lender may not charge foes that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a kw which sets maximum loan charges, and that law is finally iheerlmted so that the interest or other loan charges collected or to be collected in connection with necessary exceed the permitted lhnits, then: (a) any such loan charge shall be reduced by the amount to reduce the charge to the permitted limit; and (b) any soars already collected front 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 malting a direct payment to Borrower. If a refrmd reduces principal, the reduction will be treated As a partial. prepayment without any prepayment charge (whether or not a pr+epaymcnt charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Leader in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requimwotlrerwise. The notice address shall be the Property Address unless Borrowa has designated a substitute no 00 address by notice to Lender. Borrower shall promptly notif ti Y Lender of Boer-ower's charge of address If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one design address under this Security h=ument at any one time. notice to ated notice by delivering it or AY Lender shall be given g by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Seeurity Instniment shall not be deemed to have been given to bender until actually, received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement. under this rity Instrument Sow 16. Governing Law; Sevembfiit'y; Rules of Construction, This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Prouty is located, All rights and obligations contained in this Security Instrument are subject to any requitemeats and limitations of Applicable Law. Applicable Law might explicitly or implicit allow the parties to agree by contract or it might be silent, but such silence shall not be c trued as it prohibition &gagaina agreement by contract. In the event that any provision or clause of this Security Irrstauntent or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (b) words in the singrtlar shall mean and include the plural and vice versa; and (c) the word "Shay" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. P9NP13YLVAN1A-Sh%k r?2UY-PrW Madpre"Is Mac ITNMRM JKs=VM$Ni Farm M" ANII false t7 of 16 pose) 3=11.FRM 8K i 864PG 1298 • 03-18`08 15:46 FROM-Premier Abstract T-830 P031/064 F-423 18. Transfer of the Property or a Benefichd Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent ofwhich is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be. exercised by Lender if such exercise is prohibited by Applicable Law. 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 given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Rdottate After Aceeleradous. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) 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 de** of any otber covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (e) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fatly effective as if no acceleration had occurred However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servleer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrwnent) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicee) that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice FR MBYLVAOU-Single Fau*-FaaWMfWraWkMatUMPORMIMSUUM W Fang MP LAl &WJ3of16mgcr) 3=12YAM BK 1864PG 1299 . 03-18`08 15:47 FROM-Premier Abstract T-830 P032/064 F-423 of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purebaser of the Now, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicar and art not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that anises ftom the other party's actions pursuant to this Security Instrument or that allaps that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take cortective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opporomity to cure given to Bormwerpursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defied as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, tterials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where. the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone also to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, eneates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence use, or storage on the Property of small quantities of Hazardous Substeatoas that are generally recogg,i to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) 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, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notiftod by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance afrecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. "r44SYLVAMA_!'WWe F-WY--F=Nb Mmffndit (Kee UMROttUMSTRUM NT FaA, Srl9 Nl (page !! of 16 pages) M013YAM BK i 864PG 1300 03-18-'08 15:47 FROM-Premier Abstract T-830 P033/064 F-423 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender 1111811 give notice to Borrower prior to accderation following Borrower's breach of any covenant or agreement.in this Security Inskmeent (but not prior to acceleration under Section 18 unkaa Applicable Law provides otherrVlso). faidar shall notify Borrower of, among other things. (a) the default; (ht), the nkdion required to cure the default; (c) when the default must be cured; and (d) that failpm to cure the default as specified may result in weelaration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and 11ale of the Property. Lender shall further Inform Borrower of the right to reinstate after acceleration and the right to Wert In the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosum If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to colrect all expenses incurred In pursuing the remedies provided in this Section, 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. 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. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Walvom Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commcneement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase motley mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. P11f 4MVAMA-S1n& Family-P9Ws K&W Mdis Mac UMMUM V4W Mt1M Wr Bore 39.19 1191 (pegs 1S gJJdMe,) 7009M-MM SK 1864PG 1301 03-18-`08 15:48 FROM-Premier Abstract T-830 P034/064 F-423 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Signed, sealed and delivered in the pissence of: W C (?) #iai ' W?l curity Number (Scat) Social Security Number -Borrower (seal) Social Security Number -Borrower Social Security Number _(seal) -Borrower [specs Below Thla Line for Aclmor?I t] Certitlcate of Realdmoe 1. Christina L. Hershey do hereby certify that the cwzea address of the within-named kortgagee is 10 TAPS LANE RIVERSIDE, R142915 Witness my hand this 2% day of ZEZ 004 Agent of Mortgagee COMMONWEALTH OF PENNSYLVANU, CUMBERLAND County s? On this, the 2% day of April 2004 ,before me. the undersigned ofifw=, personally apps. IVFREtt W. )ACOBS (mown to me (or satisfactorily proven) W be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Comurission Expires: e NOTARIAL Sr:AL. CHRMM L. NAY. N fry Public fO25, Notary Public lisle of Officer ?19?1 . VAMA-M6s%Faor*-F.ml.a.wweaaemmulawasm nannamm hm*t X"15-mm 04M p0e?>?INi tpq.16of16p 6KI864PG1302 03-18-'08 15:49 FBOM-Premier Abstract T-830 P035/064 F-423 ALL THAT CERTAIN piece or parcel of land situate In the Borough of Shiremanstown, County of Cumberland, State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the dividing line between the within described lot and certain common area appearing on the hereinafter mentioned Plan Of Lots; which point Is also the southeast comer of Lot 5G on said Plan; thence along said dividing line south 78 degrees 34 minutes west 62.17 feet to a point; thence continuing along said common area, north 11 degrees 26 minutes west 23.70 feet to a point at the dividing line between Lots Nos. 5F and 5G on said plan; thence along said last mentioned dividing line north 78 degrees 34 minutes east 62.17 feet to a point at the dividing tine between the within described Lot and said common area appearing on said Plan; thence along said last mentioned dividing line south 11 degrees 26 minutes east 23.70 feet to a point, the place of BEGINNING. BEING Lot No. 5G on Plan of Section 2 of Shlreman Gardens, which Plan Is recorded In the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 26, Page 142. HAVING thereon erected a townhouse known and numbered as 91 West Vine Street. UNDER AND SUBJECT to a Declaration of Covenants and Easements dated November 1, 1974 and recorded In Cumberland County Miscellaneous Book 211, Page 878, and under and subject to a drainage easement along the western side of the herein described lot as shown on said Plan THE Grantees, herein, their heirs and assigns, shall have an easement for the continued maintenance of the party wall of the townhouse erected on the within descrbed premises to the extent that the same encroaches upon the adjoining Lot 5F. Similarly this conveyance is made subject to the rights of owners of the townhouse erected on Lot 6F to continue to maintain the party wall to the extent that the same encroaches upon the premises herein described. BEING THE SAME PREMISES which David M. Murdoch and Brenda M. Murdoch, by deed to be recorded simultaneously herewith. in the Office of the Recorder of Deeds of Cumberland county, granted and conveyed unto Jeffrey W. Jacobs. spaaQ?o xapxoaa? ?-1,.. Vd X.1tinoj pur.pagtun j popxoooi aq of site /Cp-io j I .{Ia?4PG?303 a 03-18-`08 15:49 FROM-Premier Abstract T-830 P036/064 F-423 2179,340 PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT D$VELOPMENT RIDER is made this ___221b Aaril ?, and is incorporated into and shall be deemed to amend and day of (the "Security Instrument") of the same supplameitt the Mortgage, Dowd of Trust, or Security Deed date. given by the undersigned (the `Bonowee) to secure Borrower's s Note to CITIZENS MORTGAGE CORPORATlf3t ae. Is(and Co1?4n data and covering the Property described in the Security Instrument and located at: (m0 °Lende:'? of the same 91 W. VINE STRF?T SHIREAAANST(?WN EA 1ZU [Property Address) The Property includes, but is not limited to, a pawl of land improved with a dwelling, together with other suicft common areas and facilities, as described is pa=19 and certain (the "Deelanition'J. The Property is?apart of a planned unit developma t known as 8 re-_ Gardens the "PUD The [Name of Planned Unit Devoloprnemt] ( "). Property also inoludea Borrower's interest in the bomeownas association or apivalent entity owning or managing the common areas and facilities of the PUD (the "Owners Association") and the aeon, baaefits and proceeds of Borrower's interest. PUD COVENANTS In addition to the covenants and agreements made in the Security Ircetnaneat, Borrower and Lender Rather covenant and agree as follows: A. PUD Obligations. Borrower shall perform all of Boaower's obligations under the PUD's Constituent Doc umeats. The "Constituent Documents" we the ( Decfi equivalent document which creates the Owners Association; and n' (m) (ii) any articles of o ocher ril l ru trust t or any Owners Association. Borrower shall by-laws or other or regulations of the Constituent Documents. P1K1Y may' when dare, all dues and assessments imposed pursuant to the B. Property lnmr lam So long as the Owners Association maintains, with a generally accepted insurance carrier. a `master"or "bl a ka • policy insuring the Property which is coverage in the amounts (including deductible levels for the periodssatand against to Lender and which provides mixamcc the corm "extended coverage," and may other )' , and ainst loss by tin, haxands included within t e ter requires d hazards. incbrdmg, but not limited to, earthquakes and floods, for which insurance, thomt (1) Leader waives the provision m Section 3 for the Periodic Payment to lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower's obi' maintain property insurance coverage on the on under coves e is Property is deemed satisfied to the cutest that the required coverage is provided by the Owners Association policy. What lender requires as a oo"tion of this waiver can change during the team of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property imu arnme proceeds in lieu ofrestoradoa or repair following a loss to the Property, or to common areas and ibcilities of the PUD, any proceeds payablb togodowua are hereb asst shall be paid to Leader. Leader shall apply rho proceeds to the sums secured b the y 11d and then due, with the excess, if any, paid to Borrower. y Security Instrument, whether or not C. Public Liali ty Insuraaca. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintahts a public liability insurance policy acceptable in faro, amount, and extent of coverage to Lender. D. Condems,atiom The proceeds of any award or claim for damagss, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the and facilities of the PUTS, or for any conveyance in lieu of eoademonti PAY or theall be p areas Lender. Such prooeeds shall be °a` we hereby assigned and shall be paid to 11. apPE«l by Lewder to the swots secured by Una Security ltlatnmaatt as provided in Suction 14ULTOTATE PUD RUWR-Si b Fully-Funk MadPreddk Mac UMFORM JN8TRtMW r Fans 3160 INI (pqV r ef2pageaf 3160.FRM (OWL) WECH BK 1864PG 1304 03-18-`08 15:50 FROM-Premier Abstract T-830 P037/064 F-423 2178340 E. Leader's Prior Consent. Borrower shall not, except afWc notice to Lender and with Leader's prior written consent, either partition or subdivide the Property or consent to: (i) the abandoennmt or termination of tho PUD, except for abandonment or termination required by law in the case of substantial destruction by !be or other casualty or in Ow case of a Wring by condemnation or emfneat domain; (ii) any amendment to any provision of the "Coaatituent Documents" if the provision is for rho express benefit of Lender, (iu) temnination of professional management and assumption of self-managetaent of d?e Owners Association; or (iv) any action which would have the effect of nmdeeing the public liability hm ance coverage maintained by the Owners Association unacceptable to Lauder. F. Ressedies. if Borrower does not pay PUD dues and assessments when due, then Leader may pay tbern. Any amounts disbursed by Lender under phis paregrwph F shall become additional debt of Bomawer sectaed by the Security Instrument. Unless Borrower and Lender agree to other tams of payment, Im amounts shall bear interest fi am the date of diabursemeat at the Note rate and shall be payable, with i inest, upon notice final Lender to Boauwer requesting payment. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this PUD Rider. 494E E _Bano?wer -Boao+ter So* _80nower (lam .80 m er hWL77aTATE KM RIDER-Sin& F-DY-FIdWie MW/Psedft M" tJMFORM INSTRUMENT FUN 1150 Lal (p4[t1 of?p°ias) 31601.FRM (girt) RTECH 8K 1864PG 1305 0 1, 003-18-`08 15:50 FROM-Premier Abstract T-830 P038/064 F-423 2179340 MORTGAGE INSURANCE RIDER This Mortgage Insurance Rider is made this zwa day of AtyI, 2004 , and is incorporated into and shall be deemed to amend and supplement the mortgage, deed of trust, or security deed (the "Security Instrument'l of the some date given by the undersigned ("Borrower') to secure Borrower's COUVBPt'11t)N& FIXW [identify type of note, e.& fired rate] note (the "Note") to omtr4ra . ("Lender") of the same date and covering the property described in the Securittyy InaWment and located at: 91 W. VINE STREET ,SHfR104ANSTOWN YA ,17011 [Property Address], The Security Instrument is amended by adding the following at the end of Section 10 (if the Security Instrument has a form date at the lower right comer of 3/99 or later) or Section 8 (if the Security Instrument has a form date at the lower right corner that is earlier than 3/99): Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain loans it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage Insurer and the other party (or parties) to these agreements. These agreemmts may require the mortgage insurer to make Payments using any source of finds that the mortgage insurer may have available (which may include funda obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reiasurey any other entity, or any afl`tllate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an afi'iIiate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance, Further: (A) Any each agreements will Dot affect the amounts that Borrower has agreed to pay for Mortgage lnsuranee, or any other terms of the Loan. Such agreements win not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (B) Any ouch agreements WHI not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage lnuurance, to have the Mortgage Insurance terminated automatically, and/or to receive a rebind of mW Mortgage Insurance premiums that were unearned at the time of such cancellation or te"Waatiou. By signing below, Borrower accepts this Mortgage Insurance Rider and agrees that it amends and supplements the Swurity Instrument. ?? (Seal) w. MC .Bmma (seal) (Seal) (seal) air lNoUrr atW"%agame.e as 2ppropRtaM m lortdletroi mut be added nun eaeneedt Mukhbb a Menge mourauee alder-ShWe Famay-Famic MW tldbrm lmftsaw* Yom 3169 Hen 31 e0.FM1 BK 18600306 r VERIFICATION Scott A. Dietterick, Esquire hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c) and that the statements made in the foregoing pleading in the Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is the undersigned's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this Pa. C.S. Sec. 4904 relating to unsworn falsification to made subject to the penalties of 18 Sd'6tt A. Dietterick, Esquire PA I.D..#55650 Dated: $ oho O C b d s CtA CID SHERIFF'S RETURN - REGULAR CASE NO: 2008-02506 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES LLC VS JACOBS JEFFREY W DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon JACOBS JEFFREY W the DEFENDANT , at 1904:00 HOURS, on the 21st day of April , 2008 at 91 WEST VINE STREET SHIREMANSTOWN, PA 17011 by handing to AMY PETTIS, FIANCEE a true and attested copy of COMPLAINT - MORT FORE ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.00 Affidavit .00 Surcharge 10.00 00 yla B/0 P - 4 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 04/23/2008 ZUCKER GOLDBERG ACKERMAN By. Cl,1.V'Yl vat Deputy Sheriff of A. D. Aurora Loan Services, LLC, Plaintiff vs. Jeffrey W. Jacobs; Defendant(s). I Hereby certify that the last known address of Defendant(s) is/are: 91 West Vine Street Shiremanstown, PA 17011 gam Attorney for Plaintiff CIVIL DIVISION No.: 08-2506 ISSUE NUMBER: TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF: Aurora Loan Services, LLC Plaintiff COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa I.D.# 55650 Kimberly A. Bonner, Esquire Pa I.D. #89705 Richard P. Haber, Esquire Pa I.D. #202567 Eric Santos, Esquire Pa I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 Atty File No.: XCP-100010 Zucker, Goldberg & Ackerman, LLC XCP-100010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Aurora Loan Services, LLC CIVIL DIVISION Plaintiff, NO.: 08-2506 vs. Jeffrey W. Jacobs; Defendant(s). TO:PROTHONOTARY SIR./MADAM: PRAECIPE FOR DEFAULT JUDGMENT Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant(s), Jeffrey W. Jacobs, in the amount of $100,637.04 which is itemized as follows for failure to file an Answer: Principal $94,627.10 Interest through 08/11/08 $4,315.94 Attorneys' Fees $1,250.00 Title Costs $525.00 Late Charges $ 220.40 Suspense Balance $-393.50 Recoverable Balance $ 92.00 Total $100,637.04 plus interest on the principal sum ($94,627.10) from August 11, 2008, at the rate of $13.80 per diem, plus additional late charges, and costs (including additiona crow adva es), additional attorneys' fees and costs and for foreclosure and sale of the mortgage prem es. By: tt A. Diet eTA, E e; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 ]Richard P. Haber, Esquire; PA I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 Atty File No.: XCP-100010 Zucker, Goldberg & Ackerman, LLC XCP-100010 4 , AFFIDAVIT OF NQN-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his/her knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. S ietteri , Esquire Kimberly A. Bonner, Esquire Richard P. Haber, Esquire Eric Santos, Esquire Sworn to d subscribed before me This ? day of August, 2008 Notary Public My Commission Expires: SARAH J. SPOTWOOD A NOTARY PUBLIC OF NEW JERSEY My Commission Expires 7/19/2009 Zucker, Goldberg & Ackerman, LLC XCP-100010 SHERIFF'S RETURN - REGULAR `CASE NO: 2008-02506 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES LLC VS JACOBS JEFFREY W DAWN KELL Cumberland County,Pennsylva says, the within COMPLAINT JACOBS JEFFREY W DEFENDANT , at 1904:00 at 91 WEST VINE STREET Sheriff or Deputy Sheriff of nia, who being duly sworn according to law, - MORT FORE was served upon the HOURS, on the 21st day of April 2008 SHIREMANSTOWN, PA 17011 by handing to AMY PETTIS, FIANCEE, ADULT IN CHARGE 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 Sworn and Subscibed to before me this of So Answers: 18.00 13.00 _ .00 ?'i`"?='? -yam lr 10.00 R. Thomas Kline .00 41.00 04/23/2008 ZUICKER GOLDBERG ACKERMAN By: C t J day ? _ Deputy Sheriff A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Aurora Loan Services, LLC CIVIL DIVISION Plaintiff, VS. NO.: 08-2506 Jeffrey W. Jacobs Defendant. TO: Jeffrey W. Jacobs 91 West Vine Street Shiremanstown, PA 17011 DATE OF NOTICE: 5/13/2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING %P= THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (14) DAYS FROM THE DATE OF THIS NOTICE, A JUD GMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER' IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR 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. NOTICE TO DEFEND &LAWY'ERREFERPAL SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Aurora Loan Services, LLC CIVIL DIVISION Plaintiff, NO.: 08-2506 vs. Jeffrey W. Jacobs Defendant. AVI.'O Il IPORTANTE TO: Jeffrey W. Jacobs 91 West Vine Street Shiremanstown, PA 17011 FECHA DEL AVISO:5/13/2008 USTED ESTA EN REBELDIA PO? QUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MEMOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LAS FECHA DE E= AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUVA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS IDERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INNIEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE'PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFQRMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND LAWYER REFERRAL, STRVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 ZUCKER, GOLDBERG &ACKERMAN BY: scatt a. iette4" Scott A. Dietterick, Esquire Attprneys for Plaintiff PAJ.D. # 55650 20 Sheffield Street, Suite 301 P. O. Box 1024 Mountainside, NJ 07092-0024 (717) 5 33 -35 60 FIRST CLASS U.S. MAIL, POSTAGE I REPAID 100010 ?_ ? ??? ? ? ?8 ? w ?? ? o ? ? m ?`? ?» : t : -- ?; ' ? _? ,? ?< i Y _ . ?-. :_.. = = 3 ? u; t ? ... ,} ? ?.T ? '" w ?L . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Aurora Loan Services, LLC CIVIL DIVISION Plaintiff, NO.: 08-2506 vs. Jeffrey W. Jacobs; Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Jeffrey W. Jacobs ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $100,637.04 plus interest on the principal sum ($94,627.10) from August 11, 2008, at the rate of $13.80 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. puty Zucker, Goldberg & Ackerman, LLC XCP-100010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AURORA LOAN SERVICES, LLC, File No. 08-2506 Amount Due $100,637.04 Plaintiff, Interest from 08/11/2008 to date of sale $4,153.80 vs. JEFFREY W. JACOBS Defendant. TO THE PROTHONOTARY OF THE SAID COURT: Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract of 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. PRAECIPE FOR EXECUTION Issue Writ of Execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s): See Exhibit "A" attached PRAECIPE. FOR ATTACHMENT EXECUTION Issue Writ of Attachment to the Sheriff of Cumberland 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 personality 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 pen a agai real a fate of the defendant(s) described in the attached exhibit. DATE: August 21, 2008 Signature: Print Name: Scott A. ietterick, squire Kimberly A. Bonner, Esquire Richard P. Haber, Esquire Eric Santos, Esquire Address: Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Attorney for: Plaintiff Telephone: Supreme Court ID No.: 908-233-8500 55650 89705 202567 201493 Zucker, Goldberg & Ackerman, LLC xCP-100010 70 t? W a -tn 44 C c 1 ti 1 1 "? 1 n ?? Y. 2 Gam- '"'i"i g..^- ^,1 nP r ` p Y I 10 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE BOROUGH OF SHIREMANSTOWN, COUNTY OF CUMBERLAND, STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT AT THE DIVIDING LINE BETWEEN THE WITHIN DESCRIBED LOT AND CERTAIN COMMON AREA APPEARING ON THE HEREINAFTER MENTIONED PLAN OF LOTS; WHICH POINT IS ALSO THE SOUTHEAST CORNER OF LOT 5G ON SAID PLAN; THENCE ALONG SAID DIVIDING LINE SOUTH 78 DEGREES, 34 MINUTES WEST 62.17 FEET TO A POINT; THENCE CONTINUING ALONG SAID COMMON AREA, NORTH 11 DEGREES, 26 MINUTES WEST 23.70 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS NOS. 5F AND 5G ON SAID PLAN; THENCE ALONG SAID LAST MENTIONED DIVIDING LINE NORTH 78 DEGREES, 34 MINUTES EAST 62.17 FEET TO A POINT AT THE DIVIDING LINE BETWEEN THE WITHIN DESCRIBED LOT AND SAID COMMON AREA APPEARING ON SAID PLAN; THENCE ALONG SAID LAST MENTIONED DIVIDING LINE SOUTH 11 DEGREES, 26 MINUTES EAST 23.70 FEET TO A POINT, THE PLACE OF BEGINNING HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 91 WEST VINE STREET, SHIREMANSTOWN, PA, 17011. BEING THE SAME PREMISES WHICH DAVID M. MURDOCH AND BRENDA M. MURDOCK HUSBAND AND WIFE, BY DEED DATED APRIL 29, 2004 AND RECORDED MAY 4, 2004 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 262, PAGE 4150, GRANTED AND CONVEYED UNTO JEFFREY W. JACOBS. TAX MAP NO.: 37-23-0557-247. Zucker, Goldberg $ Ackerman, LLC XCP-100010 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC, : CIVIL DIVISION Plaintiff, : NO.: 08-2506 vs. JEFFREY W. JACOBS Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 Aurora Loan Services, LLC, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 91 West Vine Street, Shiremanstown, PA 17011. 1. Name and Address of Owner(s) or Reputed Owner(s): JEFFREY W. JACOBS 91 West Vine Street Shiremanstown, PA 17011 1 Name and Address of Defendant(s) in the Judgment: JEFFREY W. JACOBS 91 West Vine Street Shiremanstown, PA 17011 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: AURORA LOAN SERVICES, LLC Plaintiff Zucker, Goldberg & Ackerman, LLC XCP-100010 SHIREMAN GARDENS HOMEOWNERS ASSOCIATION PO BOX 622 C/O PROP MNGMT INC LEMOYNE PA 17043 AND C/O DIST. JUSTICE CHARLES A CLEMENT JR 400 BRIDGE ST, OLDE TOWNS COMONS STE 3 NEW CUMBERLAND PA 17070 MERS INC. 8201 GREENSBORO DR STE 350 MCLEAN VA 22102 AND C/O LAWRENCE T PHELAN AND FRANCIS S HALLINAN ONE PENN CENTER PLAZA STE 1400 PHILADELPHIA PA 19103 BANK OF AMERICANA 1818 MARKET ST PHILADELPHIA PA 19103 AND C/O ROBERT L SALDUTTI, ESQ 89 N HADDON AVE HADDONFIELD NJ 08033 MBNA AMERICA BANK NA C/O WILLIAM T MOLCZAN, ESQ 2718 KOPPERS BUILDING 436 SEVENTH AVE PITTSBURGH PA 15219 LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN RD NEW CUMBERLAND PA 17070 AND C/O STEVEN P MINER, ESQ. PO BOX 5300 HARRISBURG PA 17110 4. Name and Address of the last record holder of every mortgage of record: AURORA LOAN SERVICES, LLC Plaintiff CITIZENS MORTGAGE CORPORATION 10 TRIPPS LANE RIVERSIDE, RI 02915 Zucker, Goldberg & Ackerman, LLC XCP-100010 MERS, INC. 3300 SW 34TH AVE STE 101 OCALA FL 34474 Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 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: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 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: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 91 West Vine Street Shiremanstown, PA 17011 UNKNOWN SPOUSE 91 West Vine Street Shiremanstown, PA 17011 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 Zucker, Goldberg & Ackerman, LLC XCP-100010 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. ZUCKER GOLRBERG & KCMRMAN, LLC Dated: August 21, 2008 BY: lam- V `--- Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PAID. #89705 Richard P. Haber, Esquire; PAID. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-100010 (908) 233-8500; (908) 233-1390 FAX Zucker, Goldberg & Ackerman, LLC XCP-100010 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE BOROUGH OF SHIREMANSTOWN, COUNTY OF CUMBERLAND, STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT AT THE DIVIDING LINE BETWEEN THE WITHIN DESCRIBED LOT AND CERTAIN COMMON AREA APPEARING ON THE HEREINAFTER MENTIONED PLAN OF LOTS; WHICH POINT IS ALSO THE SOUTHEAST CORNER OF LOT 5G ON SAID PLAN; THENCE ALONG SAID DIVIDING LINE SOUTH 78 DEGREES, 34 MINUTES WEST 62.17 FEET TO A POINT; THENCE CONTINUING ALONG SAID COMMON AREA, NORTH 1 I DEGREES, 26 MINUTES WEST 23.70 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS NOS. 5F AND 5G ON SAID PLAN; THENCE ALONG SAID LAST MENTIONED DIVIDING LINE NORTH 78 DEGREES, 34 MINUTES EAST 62.17 FEET TO A POINT AT THE DIVIDING LINE BETWEEN THE WITHIN DESCRIBED LOT AND SAID COMMON AREA APPEARING ON SAID PLAN; THENCE ALONG SAID LAST MENTIONED DIVIDING LINE SOUTH 11 DEGREES, 26 MINUTES EAST 23.70 FEET TO A POINT, THE PLACE OF BEGINNING HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 91 WEST VINE STREET, SHIREMANSTOWN, PA, 17011. BEING THE SAME PREMISES WHICH DAVID M. MURDOCH AND BRENDA M. MURDOCH, HUSBAND AND WIFE, BY DEED DATED APRIL 29, 2004 AND RECORDED MAY 4, 2004 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 262, PAGE 4150, GRANTED AND CONVEYED UNTO JEFFREY W. JACOBS. TAX MAP NO.: 37-23-0557-247. Zucker, Goldberg & Ackerman, LLC XCP-100010 na O : ? PO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r AURORA LOAN SERVICES, LLC, : CIVIL DIVISION Plaintiff, : NO.: 08-2506 vs. JEFFREY W. JACOBS; Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Jeffrey W. Jacobs 91 West Vine Street Shiremanstown, PA 17011 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 12/10/2008 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 91 West Vine Street, Shiremanstown, PA, 17011 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 08-2506 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Jeffrey W. Jacobs 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 thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TWE AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. 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. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 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 the 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 a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOLDBERG & , LLC Dated: August 21, 2008 BY' Scott A. Dietteri, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. 489705 Richard P. Haber, Esquire; PA.I.D. 9202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-100010 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Y EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE BOROUGH OF SHIREMANSTOWN, COUNTY OF CUMBERLAND, STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT AT THE DIVIDING LINE BETWEEN THE WITHIN DESCRIBED LOT AND CERTAIN COMMON AREA APPEARING ON THE HEREINAFTER MENTIONED PLAN OF LOTS; WHICH POINT IS ALSO THE SOUTHEAST CORNER OF LOT 5G ON SAID PLAN; THENCE ALONG SAID DIVIDING LINE SOUTH 78 DEGREES, 34 MINUTES WEST 62.17 FEET TO A POINT; THENCE CONTINUING ALONG SAID COMMON AREA, NORTH I 1 DEGREES, 26 MINUTES WEST 23.70 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS NOS. 5F AND 5G ON SAID PLAN; THENCE ALONG SAID LAST MENTIONED DIVIDING LINE NORTH 78 DEGREES, 34 MINUTES EAST 62.17 FEET TO A POINT AT THE DIVIDING LINE BETWEEN THE WITHIN DESCRIBED LOT AND SAID COMMON AREA APPEARING ON SAID PLAN, THENCE ALONG SAID LAST MENTIONED DIVIDING LINE SOUTH I 1 DEGREES, 26 MINUTES EAST 23.70 FEET TO A POINT, THE PLACE OF BEGINNING HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 91 WEST VINE STREET, SHIREMANSTOWN, PA, 17011. BEING THE SAME PREMISES WHICH DAVID M. MURDOCH AND BRENDA M. MURDOCH, HUSBAND AND WIFE, BY DEED DATED APRIL 29, 2004 AND RECORDED MAY 4, 2004 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 262, PAGE 4150, GRANTED AND CONVEYED UNTO JEFFREY W. JACOBS. TAX MAP NO.: 37-23-0557-247. Zucker, Goldberg & Ackerman, LLC XCP-100010 te' ? ? r t:Y -sa c-:° a> ?-i-, r , , ? ?i ?-?..? [V _p ti-r _.. ?? .4 r ?,} '? '-? _s . N ? ' . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) L.L. $.50 TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AURORA LOAN SERVICES, LLC, Plaintiff (s) From JEFFREY W. JACOBS (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 $100,637.04 Interest FROM 8/11/08 TO DATE OF SALE - $4,153.80 Atty's Comm % Due Prothy $2.00 Atty Paid $160.00 Plaintiff Paid Date: AUGUST 26, 2008 (Seal) REQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQUIRE Address: ZUCKER GOLDBERG & ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 301 MOUNTAINSIDE, NJ 07092 Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 55650 Other Costs 12, s R. Long, Pro By: NO 08-2506 Civil CIVIL ACTION - LAW Deputy TRUE COPY A RECORD 1 two vnto Set MV NIX Pa ?,. , U1k ft0*4WJ0t" re(T of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC, Plaintiff, vs. JEFFREY W. JACOBS Defendant. CIVIL DIVISION NO.: 08-2506 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Aurora Loan Services, LLC, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 91 West Vine Street, Shiremanstown, PA 17011. 1. Name and Address of Owner(s) or Reputed Owner(s): JEFFREY W. JACOBS 91 West Vine Street Shiremanstown, PA 17011 2. Name and Address of Defendant(s) in the Judgment: JEFFREY W. JACOBS 91 West Vine Street Shiremanstown, PA 17011 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: AURORA LOAN SERVICES, LLC Plaintiff 4. Name and Address of the last record holder of every mortgage of record: AURORA LOAN SERVICES, LLC Plaintiff CITIZENS MORTGAGE CORPORATION 10 TRIPPS LANE RIVERSIDE, RI 02915 MERS, INC. 3300 SW 34TH AVE STE 101 OCALA FL 34474 MERS PO BOX 2026 FLINT MI 48501 MERS 2350 NORTH BELT EAST SUITE 850 HOUSTON, TX 77002 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 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: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 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: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 SHIREMAN GARDENS HOMEOWNERS ASSOCIATION PO BOX 622 C/O PROP MNGMT INC LEMOYNE PA 17043 SHIREMAN GARDENS HOMEOWNERS ASSOCIATION C/O DIST. JUSTICE CHARLES A CLEMENT JR 400 BRIDGE ST, OLDE TOWNE COMONS STE 3 NEW CUMBERLAND PA 17070 MERS, INC. 8201 GREENSBORO DR STE 350 MCLEAN VA 22102 MERS INC.C/O LAWRENCE T PHELAN AND FRANCIS S HALLINAN ONE PENN CENTER PLAZA STE 1400 PHILADELPHIA PA 19103 BANK OF AMERICANA 1818 MARKET ST PHILADELPHIA PA 19103 BANK OF AMERICANA C/O ROBERT L SALDUTTI, ESQ 89 N HADDON AVE HADDONFIELD NJ 08033 MBNA AMERICA BANK NA C/O WILLIAM T MOLCZAN, ESQ 2718 KOPPERS BUILDING 436 SEVENTH AVE PITTSBURGH PA 15219 LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN RD NEW CUMBERLAND PA 17070 LOWER ALLEN TOWNSHIP AUTHORITY C/O STEVEN P MINER, ESQ. PO BOX 5300 HARRISBURG PA 17110 UNKNOWN TENANT OR TENANTS 91 West Vine Street Shiremanstown, PA 17011 UNKNOWN SPOUSE 91 West Vine Street Shiremanstown, PA 17011 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Amended Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ZUC OLDBERG & ACKERMAN, LLC Dated: October 31, 2008 BY: 2?? Sc A. etterick, s -PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire; PA.I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-100010 (908) 233-8500; (908) 233-1390 FAX C3 C= C C I C7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC, Plaintiff, vs. CIVIL DIVISION NO.: 08-2506 Sheriff Sale #: Jeffrey W. Jacobs Defendants. TYPE OF PLEADING Pa. R.C.P. RULE 3129.2c0 AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: Aurora Loan Services, LLC COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire- PA I.D. #89705 Richard P. Haber, Esquire- PA I.D. #202567 Eric Santos, Esquire- PA I.D #201493 Joel A. Ackerman, Esquire- PA I.D. #202729 200 Sheffield Street, Suite 30,1 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office zucker olg_ dberg com File No.: XCP- 100010/gg EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE BORO GH OF SHIREMANSTOWN, COUNTY OF CUMBERLAND, STATE OF PENNSYLVAI MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT AT THE DIVIDING LINE BETWEEN THE WITHIN AND CERTAIN COMMON AREA APPEARING ON THE HEREINAFTER ME LOTS; WHICH POINT IS ALSO THE SOUTHEAST CORNER OF LOT 5G ON S) THENCE ALONG SAID DIVIDING LINE SOUTH 78 DEGREES, 34 MINUTES V TO A POINT; THENCE CONTINUING ALONG SAID COMMON AREA, NORTF MINUTES WEST 23.70 FEET TO A POINT AT THE DIVIDING LINE BETWEET AND 5G ON SAID PLAN; THENCE ALONG SAID LAST MENTIONED DIVIDR 78 DEGREES, 34 MINUTES EAST 62.17 FEET TO A POINT AT THE DIVIDING THE WITHIN DESCRIBED LOT AND SAID COMMON AREA APPEARING ON THENCE ALONG SAID LAST MENTIONED DIVIDING LINE SOUTH 11 DEGR EAST 23.70 FEET TO A POINT, THE PLACE OF BEGINNING ESCRIBED LOT [ONED PLAN OF ID PLAN; EST 62.17 FEET I I DEGREES, 26 LOTS NOS. 5F G LINE NORTH LINE BETWEEN >AID PLAN; ;ES. 26 MINUTES HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 91 WEST VINE STREET, SHIREMANSTOWN, PA, 17011. BEING THE SAME PREMISES WHICH DAVID M. MURDOCH AND (BRENDA M. MURDOCH, HUSBAND AND WIFE, BY DEED DATE 13 APRIL 29, 2004 AND "CORDED MAY 4, 2004 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 262, PAGE 4150, GRANTED AND CONVEYED UNTO JEFFREY W. JACOBS. TAX MAP NO.: 37-23-0557-247. Zudw, C dbmg & Adcamsn, LLC XCP-100010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I AURORA LOAN SERVICES, LLC, CIVIL DIVISION Plaintiff, : NO.: 08-2506 vs. Jeffrey W. Jacobs Defendant. Pa.R.C.P. RULE 3129(c) AFFIDAVIT OF SERVICE O DEFENDANT/OWNER AND OTHER PARTIES OF INTE"ST I, Gamalielle Geffrard, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC, attorneys for Plaintiff, Aurora Loan Services, LLC, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Notice of Sheriff's Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendant, Jeffrey W. Jacobs, is the record owner of the real property. 2. On or about 10/11/08, Jeffrey W. Jacobs was served with Plainti'ff's Notice of Sheriff s Sale of Real Property Pursuant to Pa. R.C.P. 3129, personally by the Sheriff of Cumberland County, at the address of the mortgaged premises, being 91 West's Vine Street, Shiremanstown PA 17011. A true and correct copy of said Notice and Return Of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about 10/31/08, Plaintiff's counsel served all other parties lin interest with Plaintiff's Notice of Sheriff's Sale according to Plaintiff s Affidavit Pursuant tol rule 3129. 1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of Zucker, Goldberg & Ackerman, LLC XCP-100010 said Notices and Certificates of Mailing are marked Exhibit "B", attached her4to and made a part hereof. Finally, the undersigned deposes and s of Interest were served with Plaintiff s Notice with Pa.R.C.P. 3129.2. Dated: November 5, 2008 Sworn to and subscribed before me this 5th day of November, 2008 L Notary Public MY COMMISSION EXPIRES: L A A LWONS NOTARY PUK C Of NEW~ Commission Expires 1011=011 XCP-100010 Aurora Loan Services, LLC VS Jeffrey W. Jacobs In the Court of Common Pleas of Cumberland County, Pennsylvania. Writ No. 2008-2506 Civil Term Noah Cline, Deputy Sheriff, who being duly sworn according to law2.1-1t tes that on September 29, 2008 at 1809 hours, he served a true copy of the within Real to Writ, Notice and Description, in the above entitled action, upon the within named defendant, to it: Jeffrey W. Jacobs, by making known unto Jeffrey W. Jacobs personally, at 91 West Vine treet, Shiremanstown, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2008 at 0953 hours, he posted a true copy of the within Real Estate !Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jeffrey W. Jacobs, located at 91 West Vine Street, Shiremanstown, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner; The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jeffrey W. Jacobs, by regular mail to his last known address of 91 West Vine Street, Shiremanstown, PA 17011. This letter was mailed under the date of October 7, 2008 and never returned to the Sheriffs Office. So Ans?we?rs:` R. Thomas Kline, Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC, CIVIL DIVISION Plaintiff, : NO.: 08-2506 vs. JEFFREY W. JACOBS; Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Jeffrey W. Jacobs 91 West Vine Street Shiremanstown, PA 17011 71601 3401 9846 0436 8914 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, i Courthouse Square, Carlisle, PA 17013 on 12/10/2008 at 10:00am prevailing. local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 91 West Vine Street, Shiremanstown, PA, 17011 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 08-2506 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Jeffrey W. Jacobs 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 exam le to banks that hold mortgages and municipalities that are owed taxes), will be filed b the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in a rdance with this schedule will, in fact, be made unless someone objects by filing excep ons 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, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THS SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may Cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 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 the 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 4 grossly inadequate price or for other proper cause. This petition must > e filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights entioned in the preceding paragraphs must be presented to the Court of ommon Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Souare, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOLDBERG & *CK A14, LLC Dated: August 21, 2008 BY: Scott A. Dietteri Esquire; PA I.D.'W55650 Kimberly A. Bonner, Esquire; PA.I.P. #89705 Richard P. Haber, Esquire; PA.I.D. 4202567 Eric Santos, Esquire; PA I.D. #201403 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-100010 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. EXHIBIT B Zucker, Goldberg & Ackerman, LLC XCP-100010 PS Form 3817, April 2007 PSN 7530-02-M-9065 LWITEDTF.r Certificate Of A Thin Certificate of Mailing provides evidence that mail has been presented to USPSB yRA F 'Inv and international mail. r• Q FfOm` Scott A. Dietterick, Esquire ISOW" c/o Zucker, Goldberg & Ackerman, l ,. 02 1M $ 40.420 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 0004253133 OC 31 2008 MAILED FROM ZIP CODE 07092 XCP-100010/jh To* UNKNOWN SPOUSE Postmark 91 West Vine Street Shiremanstown, PA 17011 PS Form 3817, April 2007 PSN 7530-02.000-9065 NIT DSTIVES, POSTALSERM01 This Certificate of Mailing provides evidence that mail has been presented to USP and international mail. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman; 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Certificate Of M?ilin>a IOU "Jft .? pl71QFp,: 02 1M $ 00.421 0004253133 OCT 31 2008 MAILED FROM ZIPCODE 07092 XCP-100010/jh T°` PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION " H-v Dept. 280601 Harrisburg, PA 17128-0601 PS Form 3817, April 2007 PSN 7530-02-000-9065 19e OCT 31 as 4?7- tage v OCT 31 MOB ` -01 PS Form 3817, April 2007 PSN 7530-02-000-9065 ff M E L SERVK This Certificate of Mailing provides evidence that mail has been presuaed tc and international mail. Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackemr 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 - ..e.--/.. nt 0W KAS)t ? ...... 12 wnw . + a 02 1M 0004253133 CCT 31? 2 08 MAILED FROM ZIPCOOE 07:92 XCP-100010/jh ToI CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 PS Form 3817, April 2007 PSN 7530-02-000-9065 Certificate Of M4ilina PWTAL SEWN ' This Certificate of Mailing provides evidence that mail has ban prm and international mail From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ack 200 Sheffield Street, Suite 30 Mountainside, NJ 07092 • 7 ..a.. unvF,4 .02 1M $00-420 0004253133 OCT 31 2008 MAILED FROM ZIPCODE 07092 XCP-100010/jh To' UNKNOWN TENANT OR TENANTS Posmmark Hero 91 West Vine Street Shiremanstown, PA 17011 or meta postage 31 2008 r postage Postmark H - It . OCT 312= 61 e _ Q1. PS Form 3817, April 2007 PSN 7530-02-000-9065 Certificate Of Mailinu This Catifiate of Meiling pmvides evidence tbst mail has been presented to USIne sod international mail. 40 From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, T 02 1M $ •420 200 Sheffield Street, Suite 301 .0004253133 OC 31 Zoos MAILED FROM ZIPCO E 07092 Mountainside, NJ 07092 XCP-100010/jh T CUMBERLAND COUNTY TAX CLAIM BUREAU Posmuk He Cumberland County Courthouse One Courthouse Square GCT 3 1, Carlisle, PA 17013 PS Form 3817, April 2007 PSN 7530-02-000-9065 ?T WSMCML SK This Certificate of Mailing provides evide that mail has beat presmed to U1 and intemstional mail. Fro"` Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerma 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Certificate Of 5i 02 1M TOCAT31 • 20 0004253133 008 MAILED FROM ZIP CODE 01092 imp XCP-100010/jh To: Postmark Hero COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 0I P.O. Box 26754 Harrisburg, PA 17105 CT 31 01 Sp WEDM EMU POMLSERVICE, 7bs Cerdficete of Mailing pronda evidance that mail has ban presamed to USP% for i and intonational mail. Fro®` Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LL 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Certificate Of 6? g • O r. I 02 1M $ 00.420 0004253133 T31 2008 MAILED FROM ZIP CODE 07092 XCP-100010/jh TO' MERS Poshnark PO BOX 2026 FLINT MI 48501 OCt 31 4 8 ,4,? PS Form 3817, April 2007 PSN 7530-02-000-9065 UAMQSMU Certificate Of PWAL SERVIC& 001 42. 7Ws Certificate of Mailing pmvida evidence chat mail has been presemed to Q0 " and intemationat mail. Fro°` Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackern , 02 1 M $ 00-;00 0004253133 OCT 31 8 200 Sheffield Street, Suite 301 MAILED FROM ZIPGODE 07092 Mountainside, NJ 07092 XCP-100010/jh TO' MERS 2350 NORTH BELT EAST SUITE 850 HOUSTON, TX 77002 Postmark poftv (XT 3120 i `? nS N ITEDSTATES 3 P016 USER This Certificate of Mailing provides evidence that nail has been presaged to USPS® for mailiry and international mail. From: Scott A. Dietterick, Esquire. c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Certificate Of -"°" ?OAIgES 02 1M 20 0004253133 T31'4NAMMAKEDFIR OM 2008 ZJPCODE 07092 XCP-100010/jh T°` CITIZENS MORTGAGE CORPORATION Posr,?`Hem 10 TRIPPS LANE RIVERSIDE, RI 02915 PS Form 3817, April 2007 PSN 7530-02-000-9065 Certificate Of EDZZ ,L Ag,'AbS- This Certificate of Mailing provides evidence that nail hu been presaged to USP9 and international mail. Scott A. Dietterick, Esquire V?r c/o Zucker, Goldberg & Ackerman; 02 1M $ 00.420 0004253133 CCT311' 2008 200 Sheffield Street, Suite 301 MAILED FROM ZIPCODE 7092 Mountainside, NJ 07092 XCP-100010/jh To: MERS, INC. 3300 SW 34TH AVE STE 101 OCALA FL 34474 PS Form 3817, April 2007 PSN 7530-02-000-9065 Postmark Hera OCT 31 ge DST 31 23 Certificate Of Mailing This Certificate of Mailing provides evidence that mail has been presented to USPSQ •p Ky8r, and astenational mail. Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, ] 02 1M 200 Sheffield Street, Suite 301 a • 000 253133 OCT 31 20 Mountainside, NJ 07092 MAILED FROM ZIP CO 07092 xue-100010/jh To' LOWER ALLEN TOWNSHIP AUTHORITY PostttrarlrHete 120 LIMEKILN RD NEW CUMBERLAND PA 17070 31 20 PS Form 3817, April 2007 PSN 7530-02-000-9065 Thin Certificate of Mailing provides evidence that mail has been presorted to USPS and international mail. Pront. Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Certificate Of 4 ` 02 "1M 0004253133 OCT 31 ' 2008 MAILED FROM ZIPCODE 67092 XCP-100010/jh TO: LOWER ALLEN TOWNSHIP AUTHORITY C/O STEVEN P MINER, ESQ. PO BOX 5300 HARRISBURG PA 17110 PS Form 3817, April 2007 PSN 7530-02-000-9065 Postmark Here WE ?N' ou31 2 'N'V?,O;z ?-Cm Certificate Of 0'00-?Z?SE?? Dstage This Catifiate of Mailing provides evWence that mail hu been p "erred to Usl ti 0Qf 1900 and intematioml mail. F"m' Scott A. Dietterick, Esquire 7ZIPCODE c/o Zucker, Goldberg & Ackermar 02 1$ ,?20 0004CCT31 2008 200 Sheffield Street, Suite 301 MAILED FROM 7092 Mountainside, NJ 07092 XCP-100010/jh Tat MBNA AMERICA BANK NA P°`` H`I e C/O WILLIAM T MOLCZAN, ESQ??1?Q y? 2718 KOPPERS BUILDING 436 SEVENTH AVE OCT 3 PITTSBURGH PA 15219 ? 03 PS Form 3817, April 2007 PSN 7530-02-000-9065 _ O UNITED STATES PC}S7?9i. 5?'RVICE? This Certificate of Mailing provides evidence that mail has been presented to USPS® for m and international mail. Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LL 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Certificate Of Mailing .. _-...Mw Mane ?r,• ? Tim ?r > ' 02 1M 1E 0004253133 $ 0.420 MAILED FROM ZIP T 31 2408 DE 07092 XCP-100010/jh To' BANK OF AMERICANA Poshnark H$rr 1818 MARKET ST PHILADELPHIA PA 19103 00.1 Q ' 40 i OCT 3" 1 2= Uspa nn PS Form 3817, April 2007 PSN 7530-02-000-9065 6tilp . I I This Certificae of Mailing provides evidence thaw mail has been presented to USPS® I and international mail. Pro"' Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, L 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Certificate Of ;e f ? 'BnliafFS 0 • 02 1M MT 31 2008 000 4253133 07092 `• MAILEDFROM2IPC XCP-100010/jh TO: BANK OF AMERICANA C/O ROBERT L SALDUTTI, ESQ 89 N HADDON AVE HADDONFIELD NJ 08033 PS Form 3817, April 2007 PSN 7530-02-000-9065 Poonark Her !OAT 3 1 2Q" ?Q This Cenifiate of Mailing provides evidence that mail has ban pmsmted to USPS® for maili and irtanatlonal mail. Pro°r Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Certificate Of HON9F3 . 02 1M 00•4r 0004253133 OCT31 2008 MAILED FROM z*co E07092 XCP-100010/jh TO' MERS INC. 8201 GREENSBORO DR STE 350 MCLEAN VA 22102 PS Form 3817, April 2007 PSN 7530-02-000-9065 ltl57?TE5 This Certificate of Mailing provides evidem that nail has ban presaaed to USPW for nu and irden ational mail. Fro°` Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LL 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Certificate Of Posttnark Hoe <1 QCT 31 208 Gs ? 0. if 9 L Sown 02 1M 0004253133 T 31 ?? MAILED FROM ZIPC0 DE 07092 XCP-100010/jh To, MERS INC. C/O LAWRENCE T PHELAN AND FRANCIS S HALLINAN ONE PENN CENTER PLAZA STE 1400 PHILADELPHIA PA 19103 Postmark Hera 410.0. OCT 31 2= PS Form 3817, April 2007 PSN 7530-02-000-9065 ?M iai?UN This Certificate of Mailing provides evidence that mail has been presented to USPS® 6 and international mail. Pro°' Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, I 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 . -m- --w meter postage off, ?'?? 02 1M 0004253133 2? MAILED FROM Z Cp it$771 Qps 4E 07092 XCP-100010/jh T0: SHIREMAN GARDENS HOMEOWNERS ASSOCIATION Po"k Here PO BOX 622 C/O PROP MNGMT INC LEMOYNE PA 17043 PS Form 3817, April 2007 PSN 7530-02-000-9065 ,. f This Cadficate of Mailing provides evidence that mail has been presented to USPS® for Rtll and international mail. Fro°` Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LL( 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Certificate Of Mailing Certificate Of Mnilinar OCT 31 20103 \ t? ^ C 005"`?'' 4 0' 7- W =j-? 021M 00.42° 0004253133 $T 31 2008 MAILED FROM ZIPCoDE 07092 XCP-100010/jh To' SHIREMAN GARDENS HOMEOWNERS ASSOCIATION PosMtarlcHere C/O DIST. JUSTICE CHARLES A CLEMENT JR 400 BRIDGE ST, OLDE TOWNE COMONS STE 3 NEW CUMBERLAND PA 17070 PS Form 3817, April 2007 PSN 7530-02-000-9065 f? v OCT 31 2rja IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC, CIVIL DIVISION Plaintiff, VS. Jeffrey W. Jacobs Defendant. : NO.: 08-2506 NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: SHIREMAN GARDENS HOMEOWNERS ASSOCIATION PO BOX 622 C/O PROP MNGMT INC LEMOYNE PA 17043 SHIREMAN GARDENS HOMEOWNERS ASSOCIATION C/O DIST. JUSTICE CHARLES A CLEMENT JR 400 BRIDGE ST, OLDE TOWNE COMONS STE 3 NEW CUMBERLAND PA 17070 MERS INC. 8201 GREENSBORO DR STE 350 MCLEAN VA 22102 MERS INC. C/O LAWRENCE T PHELAN AND FRANCIS S HALLINAN ONE PENN CENTER PLAZA STE 1400 PHILADELPHIA PA 19103 BANK OF AMERICA NFL 1818 MARKET ST PHILADELPHIA PA 19103 BANK OF AMERICA NA C/O ROBERT L SALDUTTI, ESQ 89 N HADDON AVE HADDONFIELD NJ 08033 MBNA AMERICA BAND NA C/O WILLIAM T MOLCZAN, ESQ 2718 KOPPERS BUILDING 436 SEVENTH AVE PITTSBURGH PA 15219 LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN RD NEW CUMBERLAND PA 17070 LOWER ALLEN TOWNSHIP AUTHORITY C/O STEVEN P MINER, ESQ. PO BOX 5300 HARRISBURG PA 17110 Zucker, Goldberg & Ackerman, LLC XCP-100010 100010131004C10312008P1 I COMMONWEALTH OF CITIZENS MORTGAGE CORPORATION PENNSYLVANIA 10 TRIPPS LANE DEPARTMENT OF WELFARE RIVERSIDE, RI 02915 P.O. Box 2675 Harrisburg, PA 17105 MERS, INC. 3300 SW 34TH AVE STE 101 OCALA FL 34474 MERS PO BOX 2026 FLINT MI 48501 CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 MERS 2350 NORTH BELT EAST SUITE 850 HOUSTON, TX 77002 CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 UNKNOWN TENANT 0R TENANTS 91 West Vine Street Shiremanstown, PA 170f l UNKNOWN SPOUSE 91 West Vine Street Shiremanstown, PA 17011 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 Zucker, Goldberg & Ackerman, LLC XCP-100010 100010D1004C10312008P2 • I, TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE Carlisle, Pennsylvania 17013-3387 On 12/10/2008 at 10:00am, the following described real estate which Jeffrey W. Jacobs are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of 91 West Vine Street, Shiremanstown, PA 17011 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). Zucker, Goldberg & Ackerman, LLC XCP-100010 100010D1004C10312008P2 V , The said Writ of Execution has been issued on a judgment in the action of Aurora Loan Services, LLC Plaintiff Jeffrey W. Jacobs, et al vs. Defendant(s) at EX. NO. 08-2506 in the amount of $100637.04 plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions 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 Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. ZUCKER GOLDBERG & ACKERMAN LLC Dated: October 31, 2008 BY" Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D #89705 Richard P. Haber, Esquire; PA I.D. #2102567 Eric Santos, Esquire; PA I.D. #201493 Joel A. Ackerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-100010 (908) 233-8500; (908) 233-1390 FAX Zucker, Goldberg & Ackerman, LLC XCP-100010 100010D1004C10312008P3 EYMIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE BOROUGH OF SHIREMANSTOWN, COUNTY OF CUMBERLAND, STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT AT THE DIVIDING LINE BETWEEN THE WITHINDESCRIBED LOT AND CERTAIN COMMON AREA APPEARING ON THE HEREINAFTER MENTIONED PLAN OF LOTS; WHICH POINT IS ALSO THE SOUTHEAST CORNER OF LOT 5G ON SAID PLAN; THENCE ALONG SAID DIVIDING LINE SOUTH 78 DEGREES, 34 MINUTES WEST 62.17 FEET TO A POINT; THENCE CONTINUING ALONG SAID COMMON AREA, NORTH I 1 DEGREES, 26 MINUTES WEST 23.70 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS NOS. 5F AND 5G ON SAID PLAN; THENCE ALONG SAID LAST MENTIONED DIVIDING LINE NORTH 78 DEGREES, 34 MINUTES EAST 62.17 FEET TO A POINT AT THE DIVIDING LINE BETWEEN THE WITHIN DESCRIBED LOT AND SAID COMMON AREA APPEARING ONE SAID PLAN; THENCE ALONG SAID LAST MENTIONED DIVIDING LINE SOUTH 11 DEGREES, 26 MINUTES EAST 23.70 FEET TO A POINT, THE PLACE OF BEGINNING HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 91 WEST VINE STREET, SHIREMANSTOWN, PA, 17011. BEING THE SAME PREMISES WHICH DAVID M. MURDOCH AND BRENDA M. MURDOCK HUSBAND AND WIFE, BY DEED DATED APRIL 29, 2004 AND RECORDED MAY 4, 2004 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 262, PAGE 4150, GRANTED AND CONVEYED UNTO JEFFREY W. JACOBS. TAX MAP NO.: 37-23-0557-247. Zud=, Goldberg & Ackerman, LLC XCP-100010 n 0 ""= r Fil c COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Zie ler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Aurora Loan Services LLC is the grantee the same having been sold to said grantee on the 10th day of December A.D., J02008, under and by virtue of a writ Execution issued on the 26th day of August, A.D., 202008, out of the Court of Common Pleas of said County as of Civil 69, Term, civil Number 2506, at the suit of Aurora Loan Services LLC against Jeffrey W Jacobs is duly recorded as Instrument Number 200901282. IN TESTIMONY WHEREOF, I have hereunto set my hand and al of said office this day of D. e <1,,' A of Deeds i a?G .t r >43, CwbbsOand County, Cad;*, PA a„y Corru ' ^ i ExpUes"Fkst Monday of Jan. 2010 1 + • Aurora Loan Services, LLC VS Jeffrey W. Jacobs In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-2506 Civil Term Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 29, 2008 at 1809 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jeffrey W. Jacobs, by making known unto Jeffrey W. Jacobs personally, at 91 West Vine Street, Shiremanstown, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2008 at 0953 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jeffrey W. Jacobs, located at 91 West Vine Street, Shiremanstown, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jeffrey W. Jacobs, by regular mail to his last known address of 91 West Vine Street, Shiremanstown, PA 17011. This letter was mailed under the date of October 7, 2008 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 December 10, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Scott Dietterick on behalf of Aurora Loan Services, LLC. It being the highest bid and best price received for the same, Aurora Loan Services, LLC of 2617 College Park Drive, Scottsbluff, NE 69361, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,049.50. Sheriffs Costs: Docketing $30.00 Poundage 20.58 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 28.00 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 401.00 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriffs Deed 49.50 $1,049.50 $q$•G6 9L, 2.60 Co . cc> 1j, i?4 ai 9 S-SA-.. ' f - - So Answers: R. Thomas Kline, Sheriff BYE I 6 Real Estate Sergeant t U. (7 rt t : Alm z. RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Receipt Date 1/16/2009 Carlisle, Pa 17013 Receipt Time 10:58:48 Receipt No. 219582 AURORA LOAN SERVICES LLC (VS) JACOBS JEFFREY W Case Number 2008-02506 Received of PD CUMB CO SHERIFF IM Total Non-Cash..... + 50.50 Check# 67372 Total Cash......... + .00 Change ............. - .00 Receipt total...... = $50.50 Distribution Of Payment Transaction Description Payment Amount ACKNOWLEDGMENT 48.00 CUMBERLAND CO GENERAL FUND 2007 SHERF FEE 2.00 CUMBERLAND CO GENERAL FUND LAW LIB FEE .50 CUMBERLAND CO GENERAL FUND $50.50 I r } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC, Plaintiff, vs. JEFFREY W. JACOBS Defendant. CIVIL DIVISION NO.: 08-2506 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Aurora Loan Services, LLC, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 91 West Vine Street, Shiremanstown, PA 17011. 1. Name and Address of Owner(s) or Reputed Owner(s): JEFFREY W. JACOBS 91 West Vine Street Shiremanstown, PA 17011 2. Name and Address of Defendant(s) in the Judgment: JEFFREY W. JACOBS 91 West Vine Street Shiremanstown, PA 17011 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: AURORA LOAN SERVICES, LLC Plaintiff 4. Name and Address of the last record holder of every mortgage of record: AURORA LOAN SERVICES, LLC Plaintiff CITIZENS MORTGAGE CORPORATION 10 TRIPPS LANE RIVERSIDE, RI 02915 MERS, INC. 3300 SW 34TH AVE STE 101 OCALA FL 34474 MERS PO BOX 2026 FLINT MI 48501 MERS 2350 NORTH BELT EAST SUITE 850 HOUSTON, TX 77002 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 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: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 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: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 SHIREMAN GARDENS HOMEOWNERS ASSOCIATION PO BOX 622 C/O PROP MNGMT INC LEMOYNE PA 17043 SHIREMAN GARDENS HOMEOWNERS ASSOCIATION C/O DIST. JUSTICE CHARLES A CLEMENT JR 400 BRIDGE ST, OLDE TOWNE COMONS STE 3 NEW CUMBERLAND PA 17070 MERS INC. 8201 GREENSBORO DR STE 350 MCLEAN VA 22102 MERS INC.C/O LAWRENCE T PHELAN AND FRANCIS S HALLINAN ONE PENN CENTER PLAZA STE 1400 PHILADELPHIA PA 19103 BANK OF AMERICANA 1818 MARKET ST PHILADELPHIA PA 19103 BANK OF AMERICANA C/O ROBERT L SALDUTTI, ESQ 89 N HADDON AVE HADDONFIELD NJ 08033 MBNA AMERICA BANK NA C/O WILLIAM T MOLCZAN, ESQ 2718 KOPPERS BUILDING 436 SEVENTH AVE PITTSBURGH PA 15219 LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN RD NEW CUMBERLAND PA 17070 LOWER ALLEN TOWNSHIP AUTHORITY C/O STEVEN P MINER, ESQ. PO BOX 5300 HARRISBURG PA 17110 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC, CIVIL DIVISION Plaintiff, NO.: 08-2506 vs. JEFFREY W. JACOBS Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 Aurora Loan Services, LLC, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 91 West Vine Street, Shiremanstown, PA 17011. 1. Name and Address of Owner(s) or Reputed Owner(s): JEFFREY W. JACOBS 91 West Vine Street Shiremanstown, PA 17011 2. Name and Address of Defendant(s) in the Judgment: JEFFREY W. JACOBS 91 West Vine Street Shiremanstown, PA 17011 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: AURORA LOAN SERVICES, LLC Plaintiff Zucker, Goldberg & Ackerman, LLC XCP-100010 SHIREMAN GARDENS HOMEOWNERS ASSOCIATION PO BOX 622 C/O PROP MNGMT INC LEMOYNE PA 17043 AND C/O DIST. JUSTICE CHARLES A CLEMENT JR 400 BRIDGE ST, OLDE TOWNS COMONS STE 3 NEW CUMBERLAND PA 17070 MERS INC. 8201 GREENSBORO DR STE 350 MCLEAN VA 22102 AND C/O LAWRENCE T PHELAN AND FRANCIS S HALLINAN ONE PENN CENTER PLAZA STE 1400 PHILADELPHIA PA 19103 BANK OF AMERICANA 1818 MARKET ST PHILADELPHIA PA 19103 AND C/O ROBERT L SALDUTTI, ESQ 89 N HADDON AVE HADDONFIELD NJ 08033 MBNA AMERICA BANK NA C/O WILLIAM T MOLCZAN, ESQ 2718 KOPPERS BUILDING 436 SEVENTH AVE PITTSBURGH PA 15219 LOWER ALLEN TOWNSHIP AUTHORITY 120 LRVIEKILN RD NEW CUMBERLAND PA 17070 AND C/O STEVEN P MINER, ESQ. PO BOX 5300 HARRISBURG PA 17110 4. Name and Address of the last record holder of every mortgage of record: AURORA LOAN SERVICES, LLC Plaintiff CITIZENS MORTGAGE CORPORATION 10 TRIPPS LANE RIVERSIDE, RI 02915 Zucker, Goldberg & Ackerman, LLC XCP-100010 MERS, INC. 3300 SW 34TH AVE STE 101 OCAL'A FL 34474 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 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: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 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: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 91 West Vine Street Shiremanstown, PA 17011 UNKNOWN SPOUSE 91 West Vine Street Shiremanstown, PA 17011 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 Zucker, Goldberg & Ackerman, LLC XCP-100010 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. ZUCKER GQLABERG &'ACKFRMAN, LLC Dated: August 21, 2008 BY: u ?--? Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PAID. #89705 Richard P. Haber, Esquire; PAID. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-100010 (908) 233-8500; (908) 233-1390 FAX Zucker, Goldberg & Ackerman, LLC XCP-100010 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE BOROUGH OF SHIREMANSTOWN, COUNTY OF CUMBERLAND, STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT AT THE DIVIDING LINE BETWEEN THE WITHIN DESCRIBED LOT AND CERTAIN COMMON AREA APPEARING ON THE HEREINAFTER MENTIONED PLAN OF LOTS; WHICH POINT IS ALSO THE SOUTHEAST CORNER OF LOT 5G ON SAID PLAN; THENCE ALONG SAID DIVIDING LINE SOUTH 78 DEGREES, 34 MINUTES WEST 62.17 FEET TO A POINT; THENCE CONTINUING ALONG SAID COMMON AREA, NORTH 11 DEGREES, 26 MINUTES WEST 23.70 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS NOS. 5F AND 5G ON SAID PLAN; THENCE ALONG SAID LAST MENTIONED DIVIDING LINE NORTH 78 DEGREES, 34 MINUTES EAST 62.17 FEET TO A POINT AT THE DIVIDING LINE BETWEEN THE WITHIN DESCRIBED LOT AND SAID COMMON AREA APPEARING ON SAID PLAN; THENCE ALONG SAID LAST MENTIONED DIVIDING LINE SOUTH I I DEGREES, 26 MINUTES EAST 23.70 FEET TO A POINT, THE PLACE OF BEGINNING HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 91 WEST VINE STREET, SHIREMANSTOWN, PA, 17011. BEING THE SAME PREMISES WHICH DAVID M. MURDOCH AND BRENDA M. MURDOCH, HUSBAND AND WIFE, BY DEED DATED APRIL 29, 2004 AND RECORDED MAY 4, 20.04 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 262, PAGE 4150, GRANTED AND CONVEYED UNTO JEFFREY W. JACOBS. TAX MAP NO.: 37-23-0557-247. Zucker, Goldberg & Ackerman, LLC XCP-100010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC, : CIVIL DIVISION Plaintiff, : NO.: 09-2506 vs. JEFFREY W. JACOBS; Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Jeffrey W. Jacobs 91 West Vine Street Shiremanstown, PA 17011 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 12/10/2008 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 91 West Vine Street, Shiremanstown, PA, 17011 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 08-2506 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Jeffrey W. Jacobs 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 thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. 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. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: I . 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 the 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 a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOLDBERG & , LLC Dated: August 21, 2008 BY: Scott A. Dietteri Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire; PA.I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-100010 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE BOROUGH OF SHIREMANSTOWN, COUNTY OF CUMBERLAND, STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT AT THE DIVIDING LINE BETWEEN THE WITHIN DESCRIBED LOT AND CERTAIN COMMON AREA APPEARING ON THE HEREINAFTER MENTIONED PLAN OF LOTS; WHICH POINT IS ALSO THE SOUTHEAST CORNER OF LOT 5G ON SAID PLAN; THENCE ALONG SAID DIVIDING LINE SOUTH 78 DEGREES, 34 MINUTES WEST 62.17 FEET TO A POINT; THENCE CONTINUING ALONG SAID COMMON AREA, NORTH 11 DEGREES, 26 MINUTES WEST 23.70 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS NOS. 5F AND 5G ON SAID PLAN; THENCE ALONG SAID LAST MENTIONED DIVIDING LINE NORTH 78 DEGREES, 34 MINUTES EAST 62.17 FEET TO A POINT AT THE DIVIDING LINE BETWEEN THE WITHIN DESCRIBED LOT AND SAID COMMON AREA APPEARING ON SAID PLAN; THENCE ALONG SAID LAST MENTIONED DIVIDING LINE SOUTH 11 DEGREES, 26 MINUTES EAST 23.70 FEET TO A POINT, THE PLACE OF BEGINNING HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 91 WEST VINE STREET, SHIREMANSTOWN, PA, 17011. BEING THE SAME PREMISES WHICH DAVID M. MURDOCH AND BRENDA M. MURDOCH, HUSBAND AND WIFE, BY DEED DATED APRIL 29, 2004 AND RECORDED MAY 4, 2004 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 262, PAGE 4150, GRANTED AND CONVEYED UNTO JEFFREY W. JACOBS. TAX MAP NO.: 37-23-0557-247. Zucker, Goldberg & Ackerman, LLC XCP-100010 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2506 Civil CIVIL ACTION - LAW TO THE SfIERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AURORA LOAN SERVICES, LLC, Plaintiff (s) From JEFFREY W. JACOBS (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 $100,637.04 L.L. $.50 Interest FROM 8/11/08 TO DATE OF SALE - $4,153.80 Atty's Comm % Due Prothy $2.00 Atty Paid $160.00 Plaintiff Paid Other Costs Date: AUGUST 26, 2008 (Seal) REQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQUIRE Address: ZUCKER GOLDBERG & ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 301 MOUNTAINSIDE, NJ 07092 Attorney for: PLAINTIFF C s R. Long, Pro By: Deputy Telephone: 908-233-8500 Supreme Court ID No. 55650 Real Estate Sale #63 On September 5, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Shiremanstown Borough, Cu +rlwd County, PA Known and numbered as 91 West Vine St., Shiremanstown more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 5, 2008 By: i - Real Es to Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 31, November 7 and November 14, 2008 Aff ant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r Li a Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 14 day of November, 200 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Writ No. 2008-2506 Civil Aurora Loan Services, LLC VS. Jeffrey W. Jacobs Atty.: Scott Dietterick EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in the Borough of Shiremanstown, County of Cumber- land, State of Pennsylvania, more particularly bounded and described as lows, to wit: 1380INNING at a point at the d vi4AAg line betty d fb®d lot a" - am appearing on the her mwWormd I of Lots; which point is also the southeast corner of Lot 5G on said Plan; thence along said divid- ing line South 78 degrees, 34 minutes' West 62.17 feet to a point; thence continuing along said common area, North 11 degrees, 26 minutes West 23.70 feet to a point at the dividing line between Lots Nos. 5F and 5G on said Plan; thence along said last, mentioned dividing line North 78 degrees, 34 minutes East 62.17 feet to a point at the dividing line between the within described lot and said common area appearing on said Plan; thence along said last mentioned dividing line South 11 degrees, 26 minutes East 23.70 feet to a point, the place of beginning. HAVING thereon erected a dwell- ing house being known and num- bered as 91 West Vine Street, Shire- manstown, PA 17011. BEING the same premises which David M. Murdoch and Brenda M. Murdoch, husband and wife, by deed dated April 29, 2004 and recorded May 4. 2004 in and for Cumberland County, Pennsylvania, in Deed Book Volume 262, Page 4150, granted and conveyed unto Jeffrey W. Jacobs. TAX MAP NO.: 37-23-0557-247. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patr1*otwXews NoW you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant 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 date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/29/08 11/05/08 11/12/08 . Sworn to ani/s cribed befo a th' day of November, 2008 A.D. Notary Public COMMONWEALTH PENNSYLVANIA Notarial Seat Sherrie L. Kisner, Notary Public MCrty Of Harrisburg, Dauphin Cour?ty 2011 Member, Pesyjs? a? on of Notaries Rea! Estate Salo No. 63 Writ No. 2008-UM Ctvfi "farm Aurora Loan Services, LLC VS Jeffrey W. Jacobs Attorney Scott Die Wick LEGAL DESCRIPTION EXHIBI ", A" ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE BOROUGH OF SHIREMANSTOWN, COUNTY OF CUMBERLAND, STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TOWIT: BEGINNING AT A POINT AT THE DIVIDING LINE BETWEEN THE WITHIN DESCRIBED LOT AND CERTAIN COMMON AREA APPEARING ON THE HEREINAFTER MENTIONED PLAN OF LOTS; WHICH POINT IS ALSO THE SOUTHEAST CORNER OF LOT 5G ON SAID PLAN; THENCE ALONG SAID DIVIDING LINE SOUTH 78 DEGREES, 34 MINUTES WEST 62.17 FEET TO A POINT, THENCE CONTINUING ALONG SAID COMMON AREA, NORTH 1 I DEGREES, 26 MINUTES WEST 23.70 FEET TO A POINT AT THE DIVIDING LINK BETWEEN LOTS NOS. 5F AND 5G ON SAID PLAN; THENCE ALONG SAID LAS; MENTIONED DIVIDING LINE NORTH 78 DEGREES, 34 MINUTES EAST 62.17 FEET TO A POINT AT THE DIVIDING LINE BETWEEN THE WITHIN DESCRIBED LOT AND SAID COMMON AREA APPEARING ON SAID PLAN; THENCE ALONG SAID LAST MENTIONED DIVIDING LINE SOUTH 11 DEGREES, 26 MINUTES EAST 23.70 FEET TO A POINT, THE PLACE OF BEGINNING HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 91 WEST VINE STREET: SHIREMANSTOWN, PA, 17011. BEING THE SAME PREMISES WHICH DAVID M. MURDOCH, AND BRENDA M. MURDOCK HU5114ND APED WW, BY DWD DATED APRL 29, 20104 AND RK)Of M MAY 4, 2004 IN AND FIOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 262, PAGE 4150, GRANTED AND CONVEYED UNTO JEFFREY W. JACOBS. TAX MAP NO.: 37-23-0557-247.