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HomeMy WebLinkAbout08-7013?j GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF CITIFINANCIAL SERVICES INC. 1111 Northpoint Bldg 4 Suite 100 Coppell, TX 75019 Plaintiff vs. MILTON P. NAILOR Mortgagor and Record Owner 4130 Enola Road Newville, PA 17241 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term , tl d No. G i - 7013 CIVIL ACTION: MORTGAGE F¢'AECLOOLAE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website hqp://www.Dhfa.org/consumers/homeowners/real.aWx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: bZ://www.nhiladelphiafed.org/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a goldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 72823FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is CITIFINANCIAL SERVICES INC., 1111 Northpoint, Bldg 4 Suite 100 Coppell, TX 75019. 2. The names and addresses of the Defendant is MILTON P. NAILOR, 4130 Enola Road, Newville, PA 17241, who is the mortgagor and record owner of the mortgaged premises hereinafter described. Original Mortgagor, Jacqueline R. Nailor is hereby Released of Record. 3. On February 27, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to CITIFINANCIAL SERVICES INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1941, Page 3603.. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property„). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for June 02, 2008 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ...................................................................... Interest from 05/02/2008 through 10/31/2008 at 9.5000%..... Per Diem interest rate at $29.39 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph. Late Charges from 06/02/2008 to 10/31/2008 ........................ Monthly late charge amount at $26.22 Costs of suit and Title Search ................................. ............$119,130.64 ................$5,378.37 ..................$5,956.53 ..................... $555.70 ..................................... $900.00 Insurance ............ ..........................................................................................$555.62 NSF Fee .........................................................................................................$20.00 Deferred interest .......................................................................................$4.207.39 $136,704.25 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $136,704.25, together with interest at the rate of $29.39, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff s Sale of the Property. By: GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF E..,x.hibit A ALL THAT CERTAIN PARMM OF LAND IN VILLACM OF BLOBNRVILLN.TONNBHIP OF UPPER FRANKFORD,CUMXRLAM COOWY,COMNoM NALTE OF PA.AS MORN PALLY DESCRIBED IN BOOK 233 PAGN 000 ID() 43-11-3069-004,BEINf3 1010M AND DESIM ATSOAS LOT 1 FINAL SUBDIVISION PLAN FOR JANICE LU NSLLOR, PILED IN PLAN BOOR 82 AT PAJU 29 AND BRIM NORE PARTICXAlMY DESCRIBED AS A POLBS AND BOU7IDB PROPERTY. BEING THE SAM PROPERTY C01vz= By FEE BIMLN DEED PROK JANICE LEE NAILOR.WXDOg TO MILTON Y. NAILOR AND JACQUELINE A. NAILOR. DATED 11/01/2000 RECORDAD ON 11/13/,4000 IN BOO! 233,PAOX 800 IN CONUMLAND Uoun RECORDS. COtDt0O17/EAirra OF PA. BRM(3 pa-- Wt&l are moue fully deMbed is a deed fitted tht 29th day of JULY 2005. amd rw-ded is dm OBIN of the Rnotdw of Dn& of =mm=AND may. Pumyhynia, in Pmud Book 1916 . Woma PEP 3295 . PA 004" 13/9001 Otigiaal (Roaardod) OowtNreach) Copp (Caataaer) Pip 1 of 7 Exhibit 0 38-0041-0204156 REPRESENTATION OF PRINTED DOCUMENT 7107 8381 6540 0509 8372 07780 000006 MILTON P NAILOR 4130 ENOLA ROAD NEWVILLE PA 17241 RE: Ciffinancial Loank 38-0041-0204156 Property Address: 4130 ENOLA ROAD NEWVILLE PA 17241 ACT 91 NOTICE DATE OF NOTICE: August 3, 2008 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE when you meet with the Counseling Agency. The name, address and nhone number of Consumer Credit Counseling Agencies serving your Conntv are lietM ?t tj- --A ,.r .,.-- nr_.___ .1 (717) 780-1869.1 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notification en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente Hamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible pare un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: CITIFINANCIAL SERVICES, INC. 950 WALNUT BOTTOM ROAD CARLISLE PA 17015 INTERNET REPRINT A18700 38-0041-0204156 REPRESENTATION OF PRINTED DOCUMENT Date: August 3, 2008 Homeowners Name: MILTON P NAILOR Property Address: 4130 ENOLA ROAD NEWVILLE PA 17241 Loan Account No.: 38-0041-0204156 Lender/Service: CITIFINANCIAL SERVICES, INC. HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counselin agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a INTERNET REPRINT A18701 REPRESENTATION OF PRINTED DOCUMENT 38-0041-0204156 complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it uv to date). NATURE OF THE DEFAULT - The Mortgage debt held by the above lender on your property located at: 4130 ENOLA ROAD, NEWVILLE PA 17241 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments (including late charges) from 06102/08 through present. (b) Other charges; Escrow, Inspections, NSF Check (c) TOTAL AMOUNT OF (a) and (b) REQUIRED AS OF THIS DATE $7402.56 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $7402.56 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made Davable and send to CITIFINANCIAL SERVICES, INC.1950 WALNUT BOTTOM ROAD,CARLISLE PA 17015 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against INTERNET REPRINT A?eroz REPRESENTATION OF PRINTED DOCUMENT 38-0041-0204156 you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cnrP the dofmdf ",a + .t.. --1_ -a ----- .- . - ---- - ---- ?--.?. .v wu vaaavalW µ114V1 I.1lG mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CITIFINANCIAL SERVICES, INC. Address: 950 WALNUT BOTTOM ROAD CARLISLE PA 17015 Phone Number: 717-249-9566 Contact Person' BRANCH MANAGER EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. INTERNET REPRINT A18101 REPRESENTATION OF PRINTED DOCUMENT YOU MAY ALSO HAVE THE RIGHT: 38-0041-0204156 * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. If you are represented by an Attorney, please refer this letter to such Attorney and provide us with such Attorney's name, address and telephone number. To the extent your obligations have been discharged, or are subject to an automatic stay of bankruptcy order under Title 11 of the United States Code, this notice is for compliance and informational purposes only and does not constitute a demand for payment or any attempt to collect any such obligation. INTERNET REPRINT mn, 38-0041-0204156 REPRESENTATION OF PRINTED DOCUMENT PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 INTERNET REPRINT A17712 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER"S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES ALLEGHENY COUNTY ACTION HOUSING INC. 425 6th Avenue Suite 950 Pittsburgh, PA 15219 (412) 391-1956 or (412) 281-2102 FAX (412) 391-4512 CCCS OF WESTERN PENNSYLVANIA 309 Smithfield Street Pittsburgh, PA 15222 (412) 471-7584 URBAN LEAGUE OF PITTSBURGH Bldg for Equal Opportunity One Smithfield Street Pittsburgh, PA 15222-2222 (412) 227-4802 Street FAX (412) 261-5207 PHFA (MARCIA HESS) 2275 Swallow Hill Road, Bldg 200 Pittsburgh, PA 15220 (412) 429-2842 FAX (412) 429-2835 COMMUNITY ACTION SOUTHWEST 22 West High Street Waynesboro, PA 15370 (724) 852-2893 HOUSING OPPORTUNITIES 133 Seventh Street McKeesport, PA 15132 (412) 664-1906 FAX (412) 664-0873 MON-VALLEY UNEMPLOYED COMMITTEE 120 East 9th Avenue Homestead, PA 15120 (412) 462-9962 S ? C 'Tl T "TI -TI SHERIFF'S RETURN - REGULAR CASE NO: 2008-07013 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL SERVICES INC VS NAILOR MILTON P MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NAILOR MILTON P the DEFENDANT , at 0011:37 HOURS, on the 6th day of December-, 2008 at 4130 ENOLA ROAD NEWVILLE, PA 17241 by handing to TYLER NAILOR ADULT SON OF DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge >a//s/09 L?_ 18.00 9.00 .00 10.00 .00 37.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 12/08/2008 GOLDBECK MCCAFFERTY & MCKEEVER/ By: y of A. D. 4 In the Court of Common Pleas of Cumberland County CITIFINANCIAL SERVICES INC. 1111 Northpoint Bldg 4 Suite 100 Coppell, TX 75019 Plaintiff MILTON P. NAILOR vs. (Mortgagor(s) and Record Owner(s)) 4130 Enola Road Newville, PA 17241 Defendant(s) PRAECIPE FOR JUDGMENT No. 08-7013 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against MILTON P. NAILOR by default for want of an Answer. Assess damages as follows: I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMC BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE Debt Interest from 02/11/2009 to Date of Sale per diem at $29.39 Total (Assessment of Damages attached) I certify that written notice of the intention to file this praecipe was mailed or delivered to the is to be entered and to his attorney of record, if any, after the default occurred and at least ten filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Michael T. Mc e) Attorney for ainti I.D. #5612 AND NOW r& 19 , aoco CITIFINANCIAL SERVICES INC. and against MILTON P. NAILOR assessed in the sum of $139,806.91 as per the above certification. $139,806.91 TO om judgment date of the , Judgment is entered in favor of bye efault for want of an Answer and damages ?4a!;?L rothonotary 72823FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: December 30, 2008 TO: MILTON P. NAILOR 4130 Enola Road Newville, PA 17241 CITIFINANCIAL SERVICES INC. 1111 Northpoint Bldg 4 Suite 100 Coppell, TX 75019 vs. MILTON P. NAILOR (Mortgagor(s) and Record Owner(s)) 4130 Enola Road Newville, PA 17241 TO: MILTON P. NAILOR 4130 Enola Road Newville, PA 17241 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-7013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, MILTON P. NAILOR, is about unknown years of age, that Defendant's last known residence is 4130 Enola Road Newville, PA 17241, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval/SeyGice of the United States or its Allies, or otherwise within the provisions of the Soldier' Od bailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, MILTON P. NAILOR, is about unknown years of age, that Defendant's last known residence is 4130 Enola Road Newville, PA 17241, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Servicq,`ofthe United States or its Allies, or otherwise within the provisions of the Soldiers' and Xaylbrs' Ai'vil Relief Action of Congress of 1940 and its Amendments. Date: i .+ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIFINANCIAL SERVICES INC. 1111 Northpoint Bldg 4 Suite 100 Coppell, TX 75019 Plaintiff VS. MILTON P. NAILOR Mortgagor(s) and Record Owner(s) 4130 Enola Road Newville, PA 17241 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-7013 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 02/11/2009 to Date of Sale per diem at $29.39 (Costs to be added) $139,806.91 GOLDBECK FERTY & McKEEVER BY: Michael . McKeever Attorney fo laintiff d W U O U °O ? c- U Hza x H U m O?'b v Z 4O! a O W f O ? z 0 P Q W W o O? H Y 0 b C o? w? W a Ur ? O b' H i f H W d y ? U t„1 N O a c? J O O Q d V V ? D e. r t Tt P ( r n Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIFINANCIAL SERVICES INC. 1111 Northpoint Bldg 4 Suite 100 Coppell, TX 75019 vs. MILTON P. NAILOR Mortgagor(s) and Record Owner(s) 4130 Enola Road Newville, PA 17241 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 08-7013 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Michael T. McKeever, Esquire hereby certify that I am the attorney of record I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has coml Act. ` Plaintiff in this action, and th all the provisions of the Michael T. eevE Attorney f plaintiff Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITIFINANCIAL SERVICES INC. 1111 Northpoint Bldg 4 Suite 100 Coppell, TX 75019 vs. MILTON P. NAILOR (Mortgagor(s) and Record Owner(s)) 4130 Enola Road Newville, PA 17241 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-7013 AFFIDAVIT PURSUANT TO RULE 3129 CITIFINANCIAL SERVICES INC., Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 4130 Enola Road Newville, PA 17241 1.Name and address of Owner(s) or Reputed Owner(s): MILTON P. NAILOR 4130 Enola Road Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: MILTON P. NAILOR 4130 Enola Road Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 08-7013 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff CITIFINANCIAL SERVICES INC. 11 I 1 Northpoint Bldg 4 Suite 100 Coppell, TX 75019 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. MILTON P. NAILOR Mortgagor(s) and Record Owner(s) 4130 Enola Road Newville, PA 17241 Defendant(s Term No. 08-7013 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: NAILOR, MILTON P. MILTON P. NAILOR 4130 Enola Road Newville, PA 17241 Your house at 4130 Enola Road, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, June 10, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $139,806.91 obtained by CITIFINANCIAL SERVICES INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to CITIFINANCIAL SERVICES INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 08-7013 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: htip://www.philadelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 04 08-7013 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website hiip://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentiongpoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 72823FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7013 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIFINANCIAL SERVICES INC., Plaintiff (s) From MILTON P. NAILOR (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 $139,806.91 L.L. $.50 Interest from 2/11/09 to Date of Sale per diem at $29.39 Atty's Comm % Due Prothy $2.00 Atty Paid $156.00 Plaintiff Paid Date: 2/19/09 Other Costs to be Added is . ong, Protho otary (Seal) REQUESTING PARTY: By: Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Deputy Supreme Court ID No. 56129 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 72823FC CF: 12/01/2008 SD: 06/10/2009 $139,806.91 CITIFINANCIAL SERVICES INC. 1 111 Northpoint Bldg 4 Suite 100 Coppell, TX 75019 Plaintiff VS. MILTON P. NAILOR Mortgagor(s) and Record Owner(s) 4130 Enola Road Newville, PA 17241 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Term No. 08-7013 Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sheriffs Offica4eMeleM edWt-(copy of return attached). ( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriff s Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriff s Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, -:;1A -,Z .s-T t?,• BY: Michael T. McKeever, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE a? a rn rnm p o Oo 1„J ?A ?N CA ff ? N W n A u [[[ w N r a ro d to L Q ` N 0 c N ` m c ? 'a lip V? W? c ' R3 U ? O ClQ xW OW e a C ) hW- t G ? r W Z w Q Q J CL d W mM CO a z N Z-" E mm () p (? 0000 m c 117 Q CL C7! (No U) $ tL am ° ? F s ?? W ,R ? J W I ? U g g ?Q ? Z Lill 3f go ° ? a , t~ x a U C 7 ?CC3? -g W d L m-E q JJ amx? cQi00- a x m WQ ?a U3 < a a . YoUdlV 5 U Y -? c7 W$QO? E OLLI 60 Z o Z O p 2 c- N c i 11i cfl t? 06 a 00 0 d Q N O m ? m 0) N O a ? U U 0 Q z a: C? V Z LL 0 O O a nN- In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-7013 Civil Term CITIFINANCIAL Services, Inc. VS Milton P. Nailor William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 5, 2009 at 1611 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, Milton P. Nailor, by making known unto Tyler Nailor, son and as Adult in Charge, 4130 -it`me- 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 April 4, 2009 at 1245 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 Milton P. Nailor, located at, 4130 Enola Road, Newville, Cumberland County Pennsylvania, according to law. 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: Milton P. Nailor, by regular mail to his last known address of 4130 Enola Road, Newville, PA 17241. This letter was mailed under the date of April 2, 2009 and never returned to the Sheriffs Office So ;;;;;? ft sit R. Thomas Kline, Sheri BY Jt Real state Coordinator GOLDBECK McCAFFERTY & MCKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff CITIFINANCIAL SERVICES INC. 1111 Northpoint Bldg 4 Suite 100 Coppell, TX 75019 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW VS. MILTON P. NAILOR Mortgagor(s) and Record Owner(s) 4130 Enola Road Newville, PA 17241 ACTION OF MORTGAGE FORECLOSURE Term No. 08-7013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 CITIFINANCIAL SERVICES INC., Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 4130 Enola Road Newville, PA 17241 1.Name and address of Owner(s) or Reputed Owner(s): MILTON P. NAILOR 4130 Enola Road Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: MILTON P. NAILOR 4130 Enola Road Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 4130 Enola Road Newville, PA 17241 NAILOR, JAQUELINE 4130 Enola Road Newville, PA 17241 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: May 27, 2009 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff FI EF., COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which CITIFINANCIAL SERV INC is the grantee the same having been sold to said grantee on the 2ND day of SEPT A.D., 2009, under and by virtue of a writ Execution issued on the 19TH day of FEB, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 7013, at the suit of CITIFINANCIAL SERV INC against MILTON P NAILOR is duly recorded as Instrument Number 200934133. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 154 day of C)a , A.D. 10 01 Rxi;4w U cmdds, c,:?rxw County, Ca&hp Pa Recorder of Deeds MY Cww"s ow EWos Mk FW Monday of Jan j910 RLEEHDFICE In the Court of Common Pleas of OF THE PROT H` NOTARY r Is Cumberland County, Pennsylvania 2?Qg OCT ' AM Ii Writ No. 2008-7013 Civil Term cusp-,?"l b J a i;?;=1??ITY PENWrLb'P14A CITIFINANCIAL Services, Inc. VS Milton P. Nailor William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 5, 2009 at 1611 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, Milton P. Nailor, by making known unto Tyler Nailor, son and as Adult in Charge, 4130 Enola Road, Newville, 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 April 4, 2009 at 1245 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 Milton P. Nailor, located at, 4130 Enola Road, Newville, Cumberland County Pennsylvania, according to law. 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: Milton P. Nailor, by regular mail to his last known address of 4130 Enola Road, Newville, PA 17241. This letter was mailed under the date of April 2, 2009 and never returned to the Sheriffs Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 2, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Michael McKeever, on behalf of, CITIFINANCIAL Services, Inc., of, 1111 Northpoint, Bldg 4, Suite 100, Coppell, TX 75019, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 1,043.31 Sheriff's Costs: Docketing 30.00 Poundage 20.46 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Milage 18.00 Levy 15.00 Surcharge Post Pone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed So Answers, Thomas Kline, Sheriff B i ., Y V??U I Real Estate Coordinator 20.00 20.00 395.00 344.42 15.43 25.00 49.50 1,043.31 ? %`11316 <' 6,, .2 3/Sy-7 Goldbeck McCafferty & McKeever 'BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 = Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215,627-1322 Attorney for Plaintiff CTIIFINANCIAL SERVICES INC. I l lit Northpoint Bld? 4 Suite 100 Coppell, TX 75019 vs. MII TON P. NAILOR (MOrtgagor(s) and Record Owner(s)) 4130 Enola Road Newville, PA 17241 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-7013 AFFIDAVIT PURSUANT TO RULE 3129 CITIFINANCIAL SERVICES INC., Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets! forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 4130 Enola Road Newville, PA 17241 LN4me and address of Owner(s) or Reputed Owner(s): MILTON P. NAILOR 4130 Enola Road Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: MILTON P. NAILOR 4130 Enola Road Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: I 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 4130 Enola Road Newville, PA 17241 NAILOR, JAQUELINE 4130 Enola Road Newville, PA 17241 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of y p sonal knowledge or information and belief. I understand that false statements herein are made subject to the p alt' s o18 Pa. C.S. Section 4904 rel4ting to unsworn falsification to authorities. DATED: February 17, 2009 GOLDBECK McC FERT-5 & BY: Michael T. cKeever, Esq. Attorney for PI ntiff 08-7013 ,GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff CITIFINANCIAL SERVICES INC. 1111 Northpoint Bldg 4 Suite 100 Coppell, TX 75019 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. MILTON P. NAILOR Mortgagor(s) and Record Owner(s) 4130 Enola Road Newville, PA 17241 ACTION OF MORTGAGE FORECLOSURE Defendant(s Term No. 08-7013 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: NAILOR, MILTON P. MILTON P. NAILOR 4130 Enola Road Newville, PA 17241 Your house at 4130 Enola Road, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, June 10, 2009, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $139,806.91 obtained by CITIFINANCIAL SERVICES INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to CITIFINANCIAL SERVICES INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 08-7013 3. You may also be able to stop the sale through other legal proceedings 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: htip://www.philadelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 08-7013 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/conswners/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@gYoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 72823FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN lot of ground with the buildings and improvements thereon, situate in the Village of Bloserville. Upper frank ford Township, Cumberland County, Pennsylvania, more particularly bounded and describe as follows: BEGINNING at a bolt on the northern dedicated right of way of Enola Road (SR 944) at the dividing line of Lot No. 1 and Lot No.2 of the hereinafter mentioned Final Subdivision Plan; thence along said right of way of Enola Road (SR 944), South 71 degrees 28 minutes 25 seconds West 112.82 feet to an existing spike; thence along lands now or formerly of Barry Clever, North 15 degrees 49 minutes 26 second West 224.17 feet to a point; thence along lands of same, North 28 degrees 24 minutes 30 second West 321.40 feet to an existing post; thence along lands of same, North 56 degrees 15 minute. 00 seconds East 484.83 feet to an existing iron pin; thence along lands now or formerly of Upper Frankford Township Volunteer Fire Company, South 39 degrees 53 minutes 33 seconds East 152.99 feet to an existing post; thence along lands now or formerly of St. James Lutheran Church of Bloserville, South 08 degrees 55 minutes 14 seconds West 97.04 feet to an iron pin set; thence along the dividing line of Lot No. I and Lot No, 2 of the hereinafter mentioned Final Subdivision Plan, South 75 degrees 22 minutes 59 seconds West 290.63 feet to an iron pin set; thence along the same dividing line, South 14 degrees 37 minutes 01 seconds East 384.96 feet to an iron pin; thence along the same dividing line, North 71 degrees 28 minutes 25 seconds East 5.60 east to an iron pin; thence along the same dividing line, South 10 degrees 23 minutes 31 seconds East 75.76 feet to a bolt, the point and place of BEGINNING. CONTAINING 3.1485 acres, more or less. BEING all of Lot No. 1 on Final Subdivision Plan for Janice Lee Nailor, recorded in Cumberland County Plan Book 82. Page 29. TAX PARCEL# 43-11-3069-004 BEING KNOWN AS: 4130 Enola Road, Newville, PA 17241 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-7013 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIFINANCIAL SERVICES INC., Plaintiff (s) From MILTON P. NAILOR (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 $139,806.91 L.L. $.50 Interest from 2/11/09 to Date of Sale per diem at $29.39 Atty's Comm % Due Prothy $2.00 Atty Paid $156.00 Plaintiff Paid Date: 2;19/09 (Seal) Other Costs to be Added e - d Curtis R. ong, Protho tary By: Deputy REQUESTING PARTY: Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 Real Estate Sale # 61 On February 27, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA Known and numbered as 4130 Enola Road, Newville, More fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 27, 2009 By. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE ?he?latriot-News 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: 04124109 05101/09 05108/09 rrsr' '' ............ . Vs ??worn to Subscribed before me this day of May, 2009 A.D. i Notary Public COMMONWEALTH OF PENNSYLVANIA y Notarial seal N u Sherrie L. Kisner, Notary Pub Nc City Of Harrisburg; Dauphin County My Comrnission Expires Nov. 26, 2011 Member, Pennsylvania Association of Noteri-I Real Estate Sale No. 61 Wrr No. 2008-7013 Civil Term C14INANCIAL Services, Inc. VS Milton P. Nallor Attorney Michael T. McKeever LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the buildings and improvements thereon, situate in 'lie Village of Bloserville. Upper frank ford Township. Cumberland County, Pennsylvania, more particularly bounded and describe as follows: BEGINNING at a bolt on the northern dedicated right of way of Enola Road (SR 944) at the dividing line of Lot No.1 and Lot No.2 of the hereinafter mentioned Final Subdivision Plan: thence along said right of way of Enola Road ISR 944), South 71 degrees 28 minutes 25 seconds West 112,82 feet to an existing spike: thence along lands now or formerly of Barry Clever, North 15 degrees 49 minutes 26 second West 224.17 feet to a point; thence along lands of same, North 28 degrees 24 minutes 30 second West 321.40 feet to an existing post; thence along lands of same. North 56 degrees 15 minute 00 seconds East 484.83 feet to an existing iron pin; thence along lands now or formerly of Upper Frankford Township Volunteer Fire Company. South 39 degrees 53 minutes 33 seconds East 152.99 feet to an existing post; thence along lands now or formerly of St. James Lutheran Church of Bloserville, South 08 degrees 55 minutes 14 seconds West 97.04 feet to an iron pin set; thence along the dividing line of Lot No.1 and Lot No, 2 of the hereinafter mentioned Final Subdivision Plan, South 75 degrees 22 minutes 59 seconds West 290.63 feet to an iron pin set: thence along the same dividing line. South 14 degrees 37 minutes 01 seconds East 384.96 feet io an iron pin; thence along the same dividing ne. North 71 degrees 28 minutes 25 seconds East 5.60 east to an iron pin; thence along the same dividing line, South 10 degrees 23 minutes t seconds East 75,76 feel to a bolt, the point and place of BEGINNING. CONTAINING 3.1485 acres, more or less. BEING all of Lot No.1 on Final Subdivision Plan for Janice Lee Nailor, recorded in Cumberland County Plan Book 82. Page 29. TAX PARCEL# 43-11-3069-004 BEING KNOWN AS: 4130 Enola Road. Newville, PA 17241 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 j 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: May 1, May 8, and May 15, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, SWORN TO AND SUBSCRIBED before me this 5 day of May, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RMAL MTAT3 wi NO. 61 Writ No. 2008-7013 Civil Citifinancial Services, Inc. vs. Milton P. Nailor Atty.: Michael T. McKeever ALL THAT CERTAIN lot of ground with the buildings and improvements thereon, situate in the Village of Blos- erville, Upper Franlord Township, Cumberland County, Pennsylvania, more particularly bounded and de- scribe as follows: BEGINNING at a bolt on the northern dedicated right of way of Enola Road (SR 944) at the dividing line of Lot No. 1 and Lot No.2 of the hereinafter mentioned Final Idtivii - sion Plan; thence along said way of Enola Road (SR 944uth 71 degrees 28 minutes 25 seconds West 112.82 feet to an existing spike; thence along lands now or formerly of Barry Clever, North 15 degrees 49 minutes 26 second West 224.17 feet to a point; thence along lands of same, North 28 degrees 24 minutes 30 second West 321.40 feet to an existing post; thence along lands of same, North 56 degrees 15 minute. 00 seconds East 484.83 feet to an existing iron pin; thence along lands now or formerly of Upper Frankford Township Volunteer Fire Company, South 39 degrees 53 minutes 33 sec- onds East 152.99 feet to an existing post; thence along lands now or for- merly of St. James Lutheran Church of Bloserville, South 08 degrees 55 minutes 14 seconds West 97.04 feet to an iron pin set; thence along the dividing line of Lot No.1 and Lot No, 2 of the hereinafter mentioned Final Subdivision Plan, South 75 degrees 22 minutes 59 seconds West 290.63 feet to an iron pin set; thence along the same dividing line, South 14 degrees 37 minutes 01 seconds East 384.96 feet to an iron pin; thence along the same dividing line, North 71 degrees 28 minutes 25 seconds East 5.60 east to an iron pin; thence along the same dim line, South 10 degrees 23 minutes 31 seconds East 15.76 feet to a bolt, the point and piece of BEGINNING. CONTAINING 3.1485 acres, more or less. BEING all of Lot No. 1 on Final Subdivision Plan for Janice Lee Nailor, recorded in Cumberland County Plan Book 82. Page 29. TAX PARCEL# 43-11-3069-004. BEING KNOWN AS: 4130 Enola Road, Newville, PA 17241.