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HomeMy WebLinkAbout09-8794McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 L,-MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everhome Mortgage Company 8100 Nations Way Jacksonville, Florida 32256 V. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner 10 West High Street Carlisle, Pennsylvania 17013 and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner 9839 South West 117th Court Miami, Florida 33186 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number oq - $7Qq l?tV11 term CIVIL ACTIONIMORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a 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 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTIONIMORTGAGE FORECLOSURE 1. Plaintiff is Everhome Mortgage Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner of the mortgaged property hereinafter described, and his/her last-known address is 10 West High Street, Carlisle, Pennsylvania 17013. 3. The Defendant is Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner of the mortgaged property hereinafter described, and his/her last- known address is 9839 South West 117th Court, Miami, Florida 33186. 4. Title of said premises is vested in the name of Judith A Jones. 5. On August 5, 2003,Judith A Jones made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as nominee for Flagstar Bank, FSB which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1836, Page 4689. 6. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc. as nominee for Flagstar Bank, FSB to Everhome Mortgage Company, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. 7. On January 9, 2009, Judith A Jones departed this life. Letters of Administration were granted to Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones and Nathan Wolf, Co-Administrator of the Estate of Judith A Hones. 8. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 1004 Holly Pike, Carlisle, Pennsylvania 17013. 9. The mortgage is in default because monthly payments of principal and interest upon said mortgage due January 1, 2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 10. The following amounts are due on the mortgage: Principal Balance Interest through September 29, 2009 (Plus $26.04 per diem thereafter) Attorney's Fee Late Charges Corporate Advance Escrow Advance NSF Fees 131,117.54 7,858.76 $ 1,300.00 $ 647.01 $ 138.00 $ 2,421.46 $ 25.00 GRAND TOTAL $ 143,507.77 11. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. 12. Plaintiff does not hold defendants personally liable on this cause of action and releases them from any personal liability. This action is being brought to foreclose their interest in the aforesaid real estate only. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $143,507.77, together with interest at the rate of $26.04 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY: Attorneys fo laintiff TERRENC J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY:_ M?-c 2?z? Attorneys for P intiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE :'-, UORDER Or BA DS . 1YnERLAND COUNTY-PA '93 SEP 19 Pfd 12 10 Prepared By: Return To: FIJAWTAR HANK, FSB PA SEPIL94DU SERVICES, INC. 5151 CCRPORATE DRIVE TROY, MI 48098 5824 F MES AVENUE, PIT SBlJ M, PA 15217 Parcel Number: (Space Above This Line For Reearding Data) MORTGAGE MIN 1000525-9995582971-4 DEFINITIONS Words used in multiple sections of this document are 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. (A) "Security Instrument" means this document, whkb is dated August 5, 2003 together with all Riders to this doaanent. (B) "Borrower" is JUDITH ,7CNES, A SINaE FICY+RtN Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (888) 670-MERS. 999558297 PENNSYLVANIA - Single Family • Fannie Maeffreddle Mae UNIFORM INSTRUMENT WITH MERS Form 3039 1101 Oft-GA(PA) mwe1 hp 1 W IS MW erIOD VW MORTGAGE FOaMs.(M 1•T? 11111111 R ty L `IC AV I AgF,pr,Uggq (D) 'Lender" is FLAOSTAR BANK, FSB Lender Is a FEDERAL SAmos BANK organized and existing under the laws of TIC UNITED STATES OF Al MCA Lender's address is 5151 OORPORATE DRIVE, TROY, ill 48098 (E) "Note means the promissory note signed by Bmmwer and dated August 5, 2003 The Note states that Borrower owes Lender one Hundred Thirty Nine Thousand Five Hundred and m/100 Dollars (U.S. $139,500.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than September 1, 2033 (F) "Property" means the property that is described below under dw heading "Transfer of Rights in the Property., (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security hatrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider ? Condominium Rider Second Horne Rider Balloon Rider ? Planned Unit Development Rider 1-4 Family Rider VA Rider ? Biweekly Payment Rider ? Otber(s) [specify] (I) "Applicable 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. (J) "Community Association Dues, Fees, and Assessments" means all does, fees, assessments nod other charges that are Imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer' smears any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which Is initiated through an electronic terminal, telephonle Instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial irstlNtion to debit or credit an account. Such term includes, but is trot limited to, point-0f--sa{e tranders, automated teller machine transactions, transfers initialed by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow items" means those Items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (1) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (ill) conveyance In lien of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Leader against the nonpayment of, or default on, the Loan. (0) 'Periodic Payment' means the regularly scheduled amount due for (1) principal and interest under the Note, plus (it) any amounts trader Section 3 of this Security Instrument 999558297 = SA(PA) mine Plgr 2 ar 16 F. 3039 1101 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implemen ting reb tion, Regulation X (24 C.F,R. Part 3500), as they might be amended from time to time, or any addi onal or successor legislation or regulation that govern the same subject matter. As used in this Security Inswrent, "RESPA" refers to all requirements and restrictions that are Imposed in regard to a 'federally related mortgage loan" even If the Loan does mot quality as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has Who thie 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 hLmroeat secures to Lender: (i) the repayment of the Lou, and all renewals, extensions and modiliatiom of the Note; and (11) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Leader's successors and assigns) and to the successors and assigns of MFRS, the following described property located in the CIOL PY (type of Recording ludAcdml of CUMERLAND INme of R"orftgpatadtcdonl: SEE EXHIBIT "A" ATMaW MUM AND INCORPQRATED HEREIN BY REFERENCE. which currently has the address of 1004 HOLLY PIKE (Strew CARLISLE Icity], Pennsylvania 17013 (ZIP CUM ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hesmMer a part of the property. All replacements and addidoro shall also be covered by this Security Instrument, All of the o is re erred to in this Security Insin meet as the "Properly." Borrower understands and agrees that holds only legal title to the iateresb by Borrower in this SecurIV Instrument, but, if me to comply with law of custom, h4$RS as nominee for Lander and Lettder s sure lessors and caaa? nts) dgW: to exercise an or all of those Interests. Inclu ding but not limited in, the right to foaeclose and sell the Property: and to take any action required of Lender including, but not limited to, releasing and canceling this Security E=mett. 999558297 emr. 4D-SA(PA) tomes P.p.3 & Form 3039 1101 QV ! 01CQC`).CO BORROWER COVENANTS that Borrower Is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and dad the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all clah>ns and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non•unifarm 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, Interest, Escrow Items, Prepayment Charges, and 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 aLsa pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, If any check or other lostrumesu 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 Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) 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. Payments are deemed received by Lender when received at the location designated In the Note or at such othr location as may be designated by Lender to accordance with the notice provisions to Section 15, Lender may return any payment or partial payment if the payment or partial payments are InsuMc ent 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 unappiled fords. Lender may hold such uapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Leader shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance order the Note Immediately prior to foreclosure. No offset or claim which Borrower might lave 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 due 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 fist to late charges, second to any other amounts due under this Secarlty Instrument, and then to reduce the principal balance of the Note. If Leader receives a payment from Borrower for a delinquent Periodic Payment which Includes a sufficient anotmt 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 from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment 999558297 at-BA(PA) Woe) ftp d d 16 Form 3039 1/01 Ru i Q'ir, Pr. it rQ9 cam be paid in full. To the extent that any excess exists after the payment is applied do the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepaymerNs shall be applied first to any pt"aytment charges and then as described in the Note. Any application of paymew, lmsur=ce 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 ender the Note, until the Note Is paid in full, a sum (the "Funds") to provide for payment of amounts due for. (a) taxers and assessments and other Items which can attain priority over this Security Instrument as a Ilea or encumbrance on the Property; (b) leasebold payments or ground reins 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. T'hese items are called 'Escrow Items.' At origination or at any time during the term of the Loam, Leader may require that Community Association Dues, Fees, and Assessments, If any, be named by Borrower, and such does, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to fender all notices of amounts to be paid tinder this Section, Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. 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 Hems for which payment of Funds has been waived by Lender and, if Leader requires, shall furnish 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 is Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower falls to pay the amount due for an Escrow Item, Lender may exercise its rights under Seddon 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 al 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, dial are then required under this Section 3. Leader may, at any time, tolled and hold Funds In an amount (a) sufficient to permit Leader to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a leader can require under RESPA. Lender shall estimate the amount of Furls 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 as 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 than the time specified ruder RESPA. Lender shall not charge Borrower for holding and applying the Funds, ammcally analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Larder to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Leader shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Leader can agree in writing, however, that interest 999558297 r< -6A(PA) romei PMF 5.f la Form 3039 1101 nu i oe)cnrl.rnf) shall be paid on the Feuds. 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, Lender shall account to Borrower for the excess finds in accordance with RESPA. 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 Leader the amount necessary to make up the deficiency la 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. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and Impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, If any, and Community Association Dues, Fees, and Assessments, if any, To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided In Section 3. Borrower shall promptly discharge my lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien In a manner acceptable to Lender, but only so hug as Borrower Is performing such agreement: (b) contests the lien in good faith by, or defeads against enforcement of the lien In, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while (box proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement saflActory to Lender subordinating the lien to this Security Instrument. If Leader determines that any part of the Property Is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice Identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax vedpcatfon and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the Improvements now existing or hereafter erected on the Property framed against loss by tire, hazards included within the term "extended coverage," and any other hazards Including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Leader's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Leader may require Borrower to pay, in connection with this Loan, either: (a) a one-brae charge for flood zone determination, certification and trading services: or (b) a one-tine charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 99955B297 4WA(PA) (a2w PMP 6 a is Form 3039 1101 ukK 836PG4694 If Borrower fails to maintain any of the coverages described above. Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. 'iberefore, such coverage shall cover leader, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, agabat any risk, hazard or liability and might provide greater or lesser coverage than was previously in effed. Borrower acknowledges that the cost of the insurance coverage so obtained might significan0y exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Irnstramet. These amounts shall bear Interest at the Note rate from the date of disbursement and shall be payable, with such Interest, upon notice from Leader to Borrower requesting payment. All Insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender 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 Property, such policy shall Include a standard mortgage clause and shall name Leader as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security Is not lessened. During such repair and restoration period, Lender shall have the right to hold such Insurance proceeds tmW Lender bas bad an opportunity to impact such Property to ensure the work has been completed to Leader's satisfaction, provided that such Inspection shall be undertaken promptly. 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. Unless an agreement Is made in writing or Applicable Law requires interest to be paid on such Insurance proceeds. Leader shall not be required to pay Borrower any interest or earnings an such proceeds. Fees for public adjusters, or other third parties. retained by Borrower shall not be paid out of the insurance proceeds and shall be the sale obligation of Borrower. If the restoration or repair Is not economically feasible or Leader's security would be lessened, the Instance 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 insurance proceeds shall be applied in the order provided for in section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice Is given. In either event, or if Lender acquires the Property order Section 22 or otherwise, Borrower bereby assigns to Lender (a) Borrower's rights to any Insurance proceeds in an amount cot to exceed the amounts unpaid under the Note or this Security Instrument, and (h) any other of Borrower's rights (otW than the right to any refund of urnwroed premium paid by Borrower) wrier all Insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 999556297 6A(PA)lo2os) P." 7ear16 ? Form 3039 1101 PW I A1APf;1f,949; 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days dkr the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for al last one year after [be date of occupancy, unless Lender otherwise agrees In writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exiso which are beyond Borrower's control. 7. 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 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 further deterioration or damage. If lusurance or condemnation proceeds are paid In connection with damage to, OF 09 taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Leader has released proceeds for such purposes. Leader may disburse proceeds for the repairs and restoration In a single payment or In a sates of progress payments as the work Is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relleved of Borrower's obligation for the completion of such repair or restoration. Leader or its agent may make reasonable entries upon and Inspections of the Property. If it bas reasonable cause. Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at [be time of or prior to such an interior Inspection specifying such reasonable cause, 8. 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 Rights 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 oral migbi significantly affect Lender's Interest in the Property and/or rights under lids Security Instrument (such as a proceeding to bankruptcy, probate, for condemnation or forfeiture, for uudorcemmt of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (C) Burrower has abandoned the Property, then Leader may do and pay for whatever is reasonable or appropriate to protect Lender's Interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and seeming and/or repairing the Property. Tender's actions can Include, but are not limited to: (a) paying any sums secured by a lien which bur 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 under this Security Instrument, Including its secured position In a bankruptcy proceeding. Securing the Property includes, but Is mot limited to, entering the Property to make repairs, change locks, 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 off. Although Lender may take action under this Sectiou 9, Lender does w ave to do so and 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. 999558297 4ft-6A(PA) soy.serrrs norm 3039 crot 8K1836PG4696 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 from Lender to Borrower requesting payment. 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. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making 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 Me? Insurance previously In effect, at a cost substantially equivalent to the cost to Borrower of the age Insurance previously in effect, from an alternate mortgage Insurer Waded by Lender. If substantially equivalent Mortgage Insurarce 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 ¦ non-refutable loss reserve in lint of Mortgage Insurance. Such loos reserve shall be non-refundable, notwithstanding the fact that the Lose Is ultimately paid In full, and Lender shall not be regnired to pry Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount said for the period that Lender requires) provided by an insurer selected by Leader again becomes available, its obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Leader required Mortgage Insurance as a condition of snaking the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintala Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requhemerrt 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 ibis Section 10 affects Borrower's obligation to pay Interest at the Tate Provided in the Note. Mortgage hssurance reimburses Lender (or any entity that purchases the Note) for certain loess it may Incur If Borrower does not repay the Loan as agreed. Borrower 13 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 pasties that share or modify their risk, or reduce losses. These agreements are on terms sad corditlons 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 these agreements, Lender, any purchaser of the Note, another insurer, any reirsurer, any other entity, or any attlllate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or night 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 tbat an affiliate of Lender takes a share of the insurer's risk in ex a for a share of the premiums paid to the Insurer, the arrangement Is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has 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. 999558297 (W-6A(PA) pozm P.w a Of 16 Form 3039 1/01 ?{i836PG4691 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1999 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 Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. N the Pro" is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Prowly, if Use restoration or repair is economically feasible and Leader's security is out lessened. During sud repair and restoation period, Leader shall have the right to bold such Miscellaneous Proceeds until leader has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that mcb inspection shall be undertaken promptly. Lender may pay for the repairs and restoration In a single disbmseanart 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 MisceOarneocrs Proceeh, Lender shall net be required to pay Borrower any interest or earnhW on such MisceftwMIS 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 seared by this Security batnustent, whether or no then due, who 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 sot then due, with the excess, if any, 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 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 Leader otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds makiplied by the following fraction: (a) the total amount of the sums secured Immediately before the part M Wring, destruction, or loss In value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid b Borrower. In the event of a partial taking, destruction, or loss in value of the Property to which ft fair market value of the Properly Immediately before the partial taking, destruction, or loss in value is less than the amount of the amps secured immediately before the partial taking. destruction, or lass in value, unless Borrower and Lender otherwise agree In writing, the Miscellaneous Proceeds shall be applied to the sums seared by this Security Inshnment whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after voice by Lender to Borrower that the Opposing Patty (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Leader within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or no then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be In default If any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment. could result in forfeiture of the Property or other material impairment of Gender's interest in the Property or rights under this Security Instrument. Bonvwu can can such a default and, if acceleration bas occurred, reinstate as provided In Section 19, by causing the action or proceeding to be 999558297 aAv -GA(PA) /sonar PqP 1G r 16 / / Fwm 3039 1/01 BK ! 836PG4698 dismissed with a ruling that, to Lender's judgment, precludes forfeiture of the Property or other material Impairment of lenders interest in the Property or rights under this security bastrument. The ps"eds of any award or dabs for damages that are attributable to the impairment of Leader's interest to the Property are hereby assigned and shall be paid to Lender. AB INiscellawous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2, 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by dds Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the BabBlty of Borrower or any Successors In Interest of Borrower. I ender shall not be regotred to commence proceedings against any Somessor In Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand trade by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including without limitation, Lender's ptance of payments from third persons, entities or Successors in Inherent of Borrower or in amounts ? than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a *co-signer"): (a) Is co-signing this Security Instrument only to moriple, grant and convey fire co-sirer's Interest In the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the suns seamed by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the tennis of this Security hatru sent or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations ender this Security Instrument in writing, and is approved Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Leader agrees to such release to writing. The covenants and agreements of this Security Instrument shall bind except as provided is Section 20) and benefit the successors and assigat of Lender. 14. Loan Charges. Leader may cbuge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Leader's Interest in the Properly and rights under this Secarfty Instrument, lacluding, but not Waited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, The absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed at a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security hwhunent or by Applicable Law. If the Loan Is subject to a law which sets maximum loan charges, and that law is finally Interpreted so that the interest or other loan charges colleded or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permltled limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduax prindpal, the reduction will be treated as it partial prepayment without any prepayment charge (whether or not a prepayment charge is provided far under the Note). Borrower's acceptance of any such refund made by of direct payment Borrower will constitute a waiver of any right of action Borrower might have arising out such overcharge. 15. Notices. AN notices given by Borrower or Lender to connection with ibis Security Instrument must be In writing. Any notice to Borrower In connection with this Security Instrument shall be deemed to 999558297 -6A(PA) pzosr Par" 11 018 ?Fwm 3039 1101 BKI836PG4699 have been given to Borrower when milled by first class mail or when actually delivered to Borrower's notice address if sent by other meant;. Notice to any one Borrower shall constitute Mice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Address unless Borrower has designated a s?litule notice address by notice to Lender, Borrower MEprompily notify Lender of Borrower's change of address. if Lender apedfles a procedure for reporiioag Borrower's be only one at any one tune. Any 7hem of addthe protxdme. Larder I to Loader's address t. unless Lem has desigated another ad?eess by notice to Borrower. Any notice in wnaectbn with this Security Instramau shall rat be deemed to have hew given to Lender until actually received by Lender. If arty notice required by this Security Instrument is also required under Applicable Law, the Applicable Law rcgnlrement will satisfy the correspcmding regrrirensenI under this Security hartnrmauI 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the7dI ctlrm m wNch the Property is located. All rights and obligation oontal»ed la this Securityo asy requirand limitations of pplUiccabk Law. ApplicablIaw t or irnpl[ddy allow the parties to agree by contract or It might be sileot, but such silence shall not be caostrved as a pro]dbiUon against agreement by contract. In the event that any provisio. or clause of this Security InsknmenI or the Note conflicts with Applicable Law, such Conflict shall not affect other provisions of U1is Secorlty instrument or the Note which can be glue, 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 wards of the feminine gender; (h) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" 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. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest In Use Property" ratans any legal or beneficial interest In the Property, including, but not limited to, those benefkial Interests transferred in a bond for deed, contract for deed, installmwn sales Contract or escrow agreement, the intent of which is the transfer of tide by Borrower at a future date to a purchaser. If all or any past of the Property or any Interest In the Property is sold or huderred (or if Borrower is not a natural person and a beneficial Internal in Borrower is sold or transkrred) without Lender's prior written consent, Lender ntay require immediate payment in fall of all sums segued by this Security Iraurvtnmt. However, this option shall not be exercised by Leader If such exercise Is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shill provide a period of not lea than ail days from the date the notice Is liven in accordance with Section 15 within which Borrower must pay all sums secured by thts 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 Reinstate After Acceleration. 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 puiant to any power of sale contained In Uds Security Instrument; (b) much other period as Applicable Law might specify for the termination of Borrower's right to relaoste; or (c) entry of a judgment ealbrchrg this Security Instrument. Tbose conditions are that Borrower: (a) pays Leader all simnc which then would be due under this Security Instrument and the Note as if no acceleration bad occurred; (b) cures any default of any other covenants or 999558297 -6A(PA) faWa1 Pr 12.f is Form 3039 1101 ?' BK I 836PG4700- agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited lo, reasonable attorneys' fees, property Inspection and valuation fees, and other fees iacvrred for the purpose of protecting Leader's interest in [be Property and rights under this Security Instrument; and (d) lakes such action as Lander may reasonably require to assure that Lender's Interest in the Properly and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Leader may require that Borrower pay such reinstatement sums and expeases In one or more of the following forms, as selected by Lender: (a) ash; (b) money order; (c) card ied check, bank check, ireasmYr's check or cashier's check, provided soy such check is drawn upon an Institution whose deposits are insured by a federal agency, Instrumentality at entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as If on acceleration had occurred. However, this right to reiastate shall not apply In the can of acceleration under Section Ia. 20. Sale of Note; Change of Loan Servicer; Notice of Grievarue. The Note or a partial Interest In the Note (together with this Security Ir4trumtem) 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 Savlcee) that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan serviciag obligations under the Note, this Security lrastrnment, 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 Sevlcer, the address to which payments should be made and any other information RESPA requires In connection with a notice of transfer of servicing. If the Note Is sold and thereafter the Loan Is serviced by a Loam Servicer other then the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are 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 arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party bas breathed 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 reawnable period after the giving of sucb notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action an be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 19 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 defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following subataooes: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located drat relate to health, safety or environmental protection; (c) "Environmental Cleanup" Includes any response action, remedial action, or removal action, as defined Io Environmental Law; and (d) an "F.rrviroomental Condition" means a condition that an cause, contribute to, or otherwise truer an Environmental Cleanup, 999558297 (WAIPA)bract ha.ua/6 Form 3039 1101 BK ! 836PG470 l Borrower shall not cause or permlt the ence, on, disposal, sto e, or release of any Hazardous Substances, or threaten to release tmy Haimilow Substances, on or in theng arty, Borrower shall not do, mar allxrw an a else to do, attytbbng affeduy? tbt (a) that Is In v?lo?latson of nay Environmental Law, (b) which crates an Eovlroametttal Con?Uon, err c) which, tine to the presence, use, or release of a Hazardous Substance, creaees a oondltioa that adversely affects the value of the propp?y The precedin two aeWences shall erne apply to Ilre Here, or storage on the Property of small quantities of Hazardous Substances that eregenertn ?recaginized to be apprropriate too residential uses and to awlateacoce of the Property {irncludieg? not limited to, hazardous substances in consumer products). Borrower shall promptly glue Ltmdar written notice of (a? carry imvesliq?ti Balm, demand, lawsuit or other actlou by any governmeaW or regulatory agency or to party Iuvo g the Pro ielry and any Hazardous Substance or F.nvtranmeutal Law of which r has actual knowledge, (b) any Favirotmtenhl Condition, including but not limited to, an spilling, leaking, discharge, release or three of release of any Hazardous Substance, and (c) nay condition caused by the presence, an or release of a Hazardow Substance which advatuly affects the value of the PPrrooarty. 03Y removal lease, or is notifled ondoarsulbstanceaB?bt?l thePmperrtyis cprivate eP - that ay Smrower sballm promptly take all necessary remedial actions In accordance wiag th Environmental Law. othing herein shaA creole create any obligation on Lender for a0 Environmental Cleanup NON-UNIFORM COVENANTS. Borrower and Lender f utber covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant a agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things' {a) the default; (b) the action required to cure the default; (c) when the default must be cured; and () that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Loader shall be entitled to collect 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 arms secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate ad become vold. After such occurrence, Leader shall discharge and satisfy this Security hratrament, Borrower sbaB pay nay recordation costs. Leader may charge Borrower a fee for relas* 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. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any am or defects In proceedings to enforce this Secarlty hastrumem, 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 commencement of bidding at a sherlWs 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 in the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that tine ldered rate payable alter 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. 9995SB297 -5A(PA) PM P". a of 16 Form 3039 1101 6KI836PG4702 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In this Security Insomnetn and In any Rider executed by Borrower and recorded with it. Witnesses: Tx xr»;s -Bormwer ism .Harrower (Seal) (Seal) -Borrower -Borrower _ (Scat) -Bon-n (seal) •Benower 999558297 (ftBA(PA) poop Pye16M1s BKI836PG4703 _ (Seal) -Banoww _ (Seal) -Bmown Form 3039 1101 Certificate of Residence I, 0) ar-k .4- o •?5 do hereby certify that the correct address of the within-named Mortgagee Is P.O. Box 2026, Flint. MI 98501-2026. Witness my hand this 5th day of August, 2003 Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, County ss: On this, the 5th day of August, 2003 before me, the undersigned officer, personally appeared JMI'iH JCNES known to me (or saddktorily proven) to be the petso(s) whose name(s) Ware subscribed to the within hustrument and adnwwledged that be/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF. I Wounto set my hand and official seal. My Commission Expires: :orcd Z -7 COMMONWEALTH OF PENNSYLVANIA NotadelSeel Mark A. Lyme, Nobty Pudic Clly Of PM$bjUtk All ghwV Caurdy My tiontmi lion Elpkw July 18, 2007 Marrbw. PerruotvftAsaodrknOfMolatias 999558297 4WA(PA) coma r (' TWO of Officer P,.16&15 Form 3039 1101 BKI836PG4704 ALL that certain piece or parcel of land, situate, lying and being in Carlisle Borough, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western edge of right of way, 62 feet from the centerline of Pa. Rte. 34, at an iron pin, at corner of land now, or formerly of Edward H. Campbell and wife thence by said Campbell land North 85 degrees 59 minutes West 136.42 feet to apoint; thence by land now or formerly ,of S. Ralph Employ, North 6 degrees 7 minutes East 15 to a point; thence by same North 83 degrees 53 minutes West 20 feet to a point; thence by land now or formerly of Nicholas D. Krawelw North 6 degrees 7 minutes East 86.15 feet to a point; thence by land of Paul J. Negley and wife South 83 degrees 53 minutes East 156.33 feet to a point on the westem right of way of Pa, Rts. 34; thence by the westem edge of the right of way of Pa, Rts. 34 South 6 degrees 7 minutes West 96.15 feet to an iron pin, the place of beginning and being improved by a brick dwelling house known and numbered as No. 1004 Holly Pike. Parcel #04-23-0600-023 I Certify this to be recorded In Cumberland County PA V Y Recorder of Deeds 8KI836PG4705 0 F10, E _ T - ,- y -*qa. m Po ATTq C,K.t o(o'g5 PT*'d35353 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ,;,001)! of a+rtdr????? t: ,OF T PROROC M 2111 JAN -6 AM 8:46 WWrit4lD COUNTY ptS1+?.SfA'?A EverHome Mortgage Company vs. Nathan Wolf Co-Administrator of the Estate of Judith A. Hones, Decease Case Number 2009-8794 SHERIFF'S RETURN OF SERVICE 12/23/2009 01:10 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on December 23, 2009 at 1310 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Nathan Wolf Co-Administrator of the Estate of Judith A. Hones, Deceased, by making known unto himself personally, at 10 West High Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 12/29/2009 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 1004 Holly Pike, Carlisle, PA 17013, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. Request for service at 1004 Holly Pike, Carlisle, PA 17013 is vacant. SHERIFF COST: $59.80 December 29, 2009 SO AN WERS, 2 N Y R ANDERSON, SHERIFF tpd?yLSeriff C) CountpSuite Sherd. Teleosoft. Inc. .s, , McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 __ Everhome Mortgage Company Plaintiff v. Nathan Wolf, Co-Administrator of the Estate of Judith ~ a,~`'A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Defendants MAR a~4 2o~q Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 09-8794 ORDER Z G I C AND NOW, this ~~ day of ~~ 7~G~ , ?~ ,the Plaintiff is granted leave to serve the Complaint in Mortgage Foreclosure and al] other subsequent pleadings upon the Defendant, Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner, by regular mail and by certified. mail, return receipt requested, to his last known address of 9839 South West 117th Court, Miami, Florida 33186 and by posting the Complaint at the mortgaged premises of 1004 Holly Pike, Carlisle, Pennsylvania 17013. BY THE CO RT: C/I J. ~ ~~1J ~~ ~ Ki./C 1 l 3~lg~la ~ N O i^::~ O ~ - ~C7 rr~. f r ~-- ~ ~~ 1~~ j,,` L~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Everhome Mortgage Company Attorneys ~r~a~ntiff.,,_. _ ~t „•_-~ ~- - \~ \TtS ,~,I LiiiU f~ !~ "Zj l`I ~~ tJ i . . i CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. Number 09-8794 Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Defendants ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 09/30/09 to 05/04/10 $ 143,507.77 $ 5,650.68 Total $ 149,158.45 _ ll~, C~ ERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff AND NOW, this ~ day of , 2010, Judgment is entered in favor of Plaintiff, Everhome Mortgage Company, and against Defendants, Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner, and damages are assessed in the amount of $149,158.45, plus interest and costs. BY THE PROTHONOTARY: I c.Ly( ~I~-.oo PA A~ Ckr Io499D ~~a~i ~sY ~~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (2151790-1010 Everhome Mortgage Company Plaintiff v. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-8794 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. The undersigned, being duly sworn according to law, deposes and says that the Defendants, Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner, are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real C Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner 10 West High Street Carlisle, Pennsylvania 17013 SWORN AND SUBSCRIBED BEFORE ME THIS 4TH _ DAY OF MAY , 2010 caner, are over eighteen (18) years of age, and reside as follows: Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner 9839 South West 117th Court Miami, Florida 33186 . ~- ~~ ERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintif NOTA Y PUBLIC - i ~aYLYaNIA ~lizab€t~~ C. ';'~r~onc • Nctary Public Cfty of i'hiladele~;,a, Pi~iladelphia County MY COMMI~ION ~nIRESlAN. 20, 2014 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everhome Mortgage Company Plaintiff v. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-8794 CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendants that judgment would be entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. SWORN AND SUBSCRIBED BEFORE ME THIS 4TH _ DAY OF MAY , 2010 NOT RY PUBLIC COMM~NWEgLTH ^F PENS ~ A 1_ ~®TAF~I.~1- Public Elizabeth C. Parsons - NOtary City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES JAN. 20, 2014 Copies of said letters are attached hereto and marked as Exhibit "A". ~. RRENCE J. McCABE, ESQUIRE MARL S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. / C.~ RRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff y53D~ MAR 0 4 «~u McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE .J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE -1D # 34687 MARGARET GAIItO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215 790-1010 Everhome Mortgage Company Plaintiff v. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Tones, Deceased Mortgagor and Real Owner Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 09-8794 ORDER add AND NOW, this ~ ay of ~~.~,_ ,~Q9 ,the Plaintiff is granted leave to serve the Complaint in Mortgage Foreclosure and all other subsequent pleadings upon the Defendant, Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner, by regular mail and by certified mail, return receipt requested, to. his last known address of 9839 South West l l 7th Court, Miami, Florida 33186 and by posting the Complaint at the mortgaged premises of 1004 Holly Pike, Carlisle, Pennsylvania 17013. BY THE COURT: J. o~DR li r OFFICE OF THE PROTHONOTARY "t ~/ ~ ~ ~ ~ ~ COURT OF COMMON PLEAS ~ Cumberland County Courthouse, Carlisle, Fennsylvania 17013 Curt Long Prothonotary ~~, .,.:~: u ~F ~` Apri121, 2010 ~ ~~~` To: Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Decea§ed Mortgagor and Real Owner 10 West High Street Carlisle, Pennsylvania 17013 Everhome Mortgage Company vs. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Cumberland Coun Court of Common~Pleas Number 09-8794 -__ -- --- NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE nJ DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WR117NG WI771 TEIE COURT YOUR DEFGNSES OR ODJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10} DAYS FROM THB PATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSEYOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO I'O Ok TELEPHONE THE OFFICE SET FORTH DELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TFIIS OFFICE MAY BL• ADLE TO PROVIDE YOU WITH INFORMATION AHOUTAGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Baz Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 NOTIFICACION IMPOR'>rANTE LISTED SE E'NCUENTRA EN ESTADO DE REBELD~.4 POR NO IiABER PRESGNTADO UNA COMPARECENCIA ESC ITA, YA SEA PERSONALMF.NTE O POR ABOGADO Y POR NO HAB~R RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DHFENSAS U f}BJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. -per'" NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE L~- FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PGDRA, SIN ~ NECESIDAD DE COMPARECER LISTED EN CORTE U Olk PREUBA UNA, DICTAR SENTENCIA EN SUCONTRA Y LISTED PODRIA PEEDE BIENES U OTROS DERECHO$IMPORTANTES. LISTED LF. DEBE TOMAR ESTE PAPEL (A SU ABOGADO INMEDIATAMENTE. Sl LISTED NO TIENE A UN AADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. I;STA O CINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA Dl~ EMPLEAR A UN ABOGADO. Si LISTED NO PUEDE PROPORCIONAR PARR EMPLT(AR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAL DE PROPO CIONARLO CON 1NFORMAC16N ACERCA DE LAS AOENCIAS QUE PUE~EN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELECIHLRS ET~ UN HONORARIO REDUCIDO N1 NMGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carl' ylvania 17013 99 9108 BY: Attorneys for Plaint TERRENCE J. McCABE, ESQUIRE MARL S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE ~~~~~-~~ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary April 21, 2010 To: 3arrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mort agor and Real Owner 9839 South West 117th Court Miami, Florida 33186 Everhome Mortgage Company vs. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Cumberland Court of Col Number NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITMG WITH THE COURT YOUR DEFb'NSES OR OBlEC7'IONS TO THE CLAIMS $ET FORTH AGAWST 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 YOURPROPERTY OR OTHER B~ORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH MFORMATION ABOUT HIRING A LAWYER. IF YOV CANNOT AFFORD TO IiIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PRO VIDE YOU WTI'll INFORMATION AHOUTAGCNCIES THAT MAY OFFER LF,GAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 NOTIFICACION IMPORT Pleas LISTED SE ENCUENTRA EN ESTADO DE REBGLDIt~ POR NO HABER PRESENTADO UNA COMPARECENCIA CSCR~TA, YA SEA PERSONALMENI'E O POR ABOGADO Y POR NO HABE RADICADO POR ESCRITp CON ESTE TRIBUNAL SUS DEFENSAS U OB)ECIONFS A LOS AECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO pE D1EZ (10} DIAS DE LA HA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN ESIDAD DE COMPARECER US7'ED EN CORTE U OH2 PREUBA UNA, DICTAR SENTENCIAENSUCONTRAYUSTEDPODRIAPERDER IENESUOTROS DERECHOS IMPOR'TANTES. LISTED LE DEBE 'rOMAR ESTF, PAPEL A SU ABOGADO INMEDIATAMENTE. Si LISTED NO TIENE A UN ABO~iADO, VA A q TELEFONEA LA OFIC(NA EXPUSO ABAJO. ESTA OFItfINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE $MPLEAR A UN ABOGADO. S I LISTED NO PUEDE PROPORCIONAR PARR EMPLEAI~ UN ABOOADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORC~ONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDErI OFRECER LOS SERVICIOS LEGALES A PERSONAS ELRGlHLES EN UN }IONORARIO REUUCIDO NI NINGUN IfONORAR70. Cumberland C Bar Association 2 Libcrty enue Carlisl ennsyl is 17013 BY: Attorneys for Plaint' f TERRENCE J. McC ~ ,ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE I --- OFFICE OF THE PROTHONOTARY `''C ~ ~ ~ ~ -.. COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary Apri121, 2010 To: Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortg or and Real Owner, c/o Nathan Wolf, Esquire 10 West High Street Carlisle, Pennsylvania 17013 Everhome Mortgage Company vs. Nathan Wolf, Co-Administrator of the Estate of Judith A Hanes, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Cumberland Cou{Ity Court of Commo$1 Pleas Number 09-8794 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE XOU 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 (1 O) 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 TH1S PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 00 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 HE ABLE TO PROVIDE YOU WITH INFORMATION'AHOUTAGENCIES THAT MAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (soo> 99o-91os NOTIFICACION IMPORT. (~ USTED SE ENCUENTRA EN ESTADO DE REBELDIA ~OR NO HABER PRESENTADO UNA COMPARECENCIA ESCRI A, YA SEA PERSONALMENTE O POR ABOOADO Y POR NO HABER ICADO POR FSCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OB IONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO 70MAR L.A ACC10N DEBlDA DENTRO DE DIEZ (I O) D1AS DE LA HA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN ESIDAD DE COMPARECER USTEU EN CORTE U OIR PREUBA UNA, DICTAR SF,NTENCIAENSUCONTRAYUSTEDPODRIAPERDER IENESUOTROS DERECI IOS IIv1PORTANTES. LISTED LE DEBE TOMAR PSTE PAPEL A~I~SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFI(kBiA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE )~A7PLEAR A UN ABO(IADO. SI USTED NO PUEDE PROPORCIONAR PARR EMPLEAIk UN ABOGADO, RSTA OFICINA PUEDE SER CAPAZ DE PROPOR ONARLO CON INFORMAC16N ACERCA DE LAS AGENCIAS QUE PUED~I OFRECER lAS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN LfN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty A Carlisle ennsyly a 17013 (800) 0-9108 BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIItE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner 10 West High Street Carlisle, Pennsylvania 17013 Everhome Mortgage Company Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner No. 09-8794 Defendants NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Prothonotary X Judgment by Default ~/~~~ p _ Money Judgment _ Judgment in Replevin _ Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner 9839 South West 117th Court Miami, Florida 33186 Everhome Mortgage Company Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner No. 09-8794 Defendants NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. / onotary X Judgment by Default Money Judgment ~ (o//D Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway,. P.C. at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner 10 West High Street Carlisle, Pennsylvania 17013 Everhome Mortgage Company COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY v. Nathan Wolf, Co-Administrator of the Estate of Judith No. 09-8794 A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Defendants NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. rothonotary X Judgment by Default " (0/10 Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway,. P.C. at (215) 790-1010. ~. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everhome Mortgage Company Plaintiff v. Nathan Wolf, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner, Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-8794 AFFIDAVIT OF SERVICE h.~ ~ J _,- o ~ ~r = c ---~ r~. _,; , _. {- ~ _, . n - r ~_~~ ~- I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 20`~ day of July, 2010, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A." Copies of the letter and certificates of mailing are also attached hereto, made a part hereof and mazked as Exhibit "B." SWORN AND SUBSCRIBED BEFORE ME THIS~~ DAY OF , 2010 '~Yl~rr~ ~, C` . ,~~ L NOTARY UBLIC COMMONWEALTH ^F PENNSYLVAN'.4 N^TARIAL SEAL Megan C. Paolucci -Notary Public City of Philadelphia, Philadelphia Courrty r,y ~OMMISS!ON ~X?IR~~ JA;N`. 06, 2014 TERRENCE J. Mc MARC S. WEI RG, EDWARD D. ONWA MARGARE , Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID #34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 Everhome Mortgage Company Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v NO: 09-8794 Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Defendants AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1004 Holly Pike, Carlisle, Pennsylvania 17013, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owners or Reputed Owners Name Address Nathan Wolf, Co-Administrator of the 10 West High Street Estate of Judith A Hones, Deceased Carlisle, Pennsylvania 17013 Mortgagor and Real Owner Jarrod James Jones, Co-Administrator of 9839 South West 117th Court the Estate of Judith A Jones, Deceased Miami, Florida 33186 Mortgagor and Real Owner and 10 West High Street Carlisle, Pennsylvania 17013 2. Name and address of Defendants in the judgment: Name Address Nathan Wolf, Co-Administrator of the 10 West High Street Estate of Judith A Hones, Deceased Carlisle, Pennsylvania 17013 Mortgagor and Real Owner Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner 3. Name and last known address of every jud to be sold: 9839 South West 117th Court Miami, Florida 33186 and 10 West High Street Carlisle, Pennsylvania 17013 gment creditor whose judgment is a record lien on the real property Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Members 1st Federal Credit Union 5000 Louis Drive PO BOX 40 Mechanicsburg, Pennsylvania 17055 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 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: Name Tenants/Occupants Address 1004 Holly Pike Carlisle, Pennsylvania 17013 Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8's Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States ofAmerica Domestic Relations Cumberland County United States of America United States of America c% Atty General of the United Siates United States of America c% Atty General of the United States U.S. Dept. of Justice 8. Name and address of Attorney of record: Name Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff s Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c% United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18501-0309 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept. of Justice, Rm. 5111 Main Justice Bldg., 10th & Constitution Ave. N.W. Washington, DC 20531 10th & Constitution Ave. N.W., Rm. 4400 Washington, DC 20531 Address None 1 verify that the statements made in this Affidavit are true and correct to the best of my persona! knowledge or information and belief. I understand that false statements here' m de subject to the penalties of 18 Pa.C.5. Section 4904 relating to unsworn falsification to authorities. ` Mav 6.2010 TERREN c QUIRE DATE MARC S. ISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE MARISA COHEN, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Everhome Mortgage Company Plaintiff Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Nathan Wolf, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner, Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner and Janrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Number 09-8794 Defendants DATE: July 20, 2010 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Nathan Wolf, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner, Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner PROPERTY: 1004 Holly Pike, Cazlisle, Pennsylvania 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on September 8, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Squaze, Cazlisle, Pennsylvania 17013.Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. ~l Q~ V1 A W N ~+ ~ a~~~. ~ s Vi r O C.~ ~ trJ ~, ~ ts1 Z < C~ x CAg' 6 ~ A1 A ~ ~ !"'C rho ~ ~~6 I ~ G 7 ~ G.~O~"o G Wp O W~ ~ ; ~, ~~ ~ 1 Oaf ,~, p a:~ A d~ ~ ~~~G•~(' ~ ~o aerAaerA ~ w ~$~ ~ O ~ ~~~~~Q ~ ~ d O ~ ~ ~ ~ e p ~ pG" „ t~,. ~~'n ~a.ofl~ A ~ ~ ~ :~ ~J~. ~o a~y ~°'A v» ,~ n ~0@~~5~~~a'o °' ° ~ e e~m~°,~mo ~ O~' ycy .,yam ~ ~ ~~~~~ r. -f °+ o ewe ~ R A S;bWK7 A "C~"A ~•1 O Ai x v`p bDA R Oi ~'rJ "d~w~,.p A '~ ' > "dCA D • A"'~l A~ ~ro ~ S W ~ ^oooo C 7r O ~ C w ~ d C ~ p , ~p D 7 O ~ 7' ~~v`~ •' ~ N O ` ~ ~ . . ~ O ~ Q~ i1 Q O ~ C roe O ~ , p 26 ! ~ Uq ONOA" b ~~ p p Or0QP~'mj,"ppbi~ ~ b ~ ~ Aj ~ ~yA ~ ~ "d GA ~ y~ ! ~ HOC arOy.t~C ~'~' 1 O O "~• A p odd • ~, ~N~ D "'~OQ ~ N~ m O: ~ ~y A Clt „ „~~ `l, .fl s. ~ < QD ~ ~ ~ 00 ~ G ~~ A 0 U 0 G ~ ~• ~~ N p ~ ~ .r A~ ,~ O m .n O ~~ rn ~ ~ 0 y AtC ~+ W p C C ~ ~ A A ~ Cl L7 t~C Q -+ C ~ ~ OD N ~ TITC~r,o~ ~~~ v ~ ~- ' a , ,~ v:~ '~ 1~ c:" ~`~ ~o i ~` ~~ S~ 8 b R ppQ!a1~ ~~~ 8 }~ r~ .b ~~~ w R R ~~ 8 ~ A ~i R `~i' T!A -~l tr m A w i ~ o ~o o0 w Z aB ~ ~~ ~ ~ eM A -d ., ~. A y Q C k Q b ~ A ~ h A A to m nNN'~""o .~ 00 ~ ^- ~w~~o c" ~` ~ : ' d p. m'dC~~ 3 0 ~ ~ ~o~~' C OD ~ C/1 O 'S ~ ~~CC' C t0 AD VJ O p "~~'7c0~,~3o C.;' 8 ..: ~ "* p ~ YC~A'~dA c A ~ O " H ~ ~S' ~. ~~aVy aC~ c c ~• c~ ?" ~, O ~ w $" C0 A ~~L~. v, Q; A Y ~ C7 O ~~ v, rt ~ e ~ eg p Gy~^~' ~ m ~ a, ~ 5 ~e e e e~ 2n W~ Ff"m ~ m ~ !!'~f o B Z~n'Im p ~ "s ~K ~ ~p M ~ ~ ~ C A ~ y rd C/) ,a ~ ~, C ti:~"' ~i ~.n+ ""' ? c.'e V. °~°5~°yc r f~W v O L'. .°. ~~ C C p ~ r- Cy !C oc'+o 0 A Mp ~p Cy A bDe~o p e~ C A ~ K7 ~ p p ~h Y ~g°o CI1 = rb = '~ rp.~ 3y'~°~°e A Q `i ° JN~~ ~ <~ ~ ~. ~~ ewe ~. ~- ~~~e~s '~' ~ p00 e~'e 3 ~ ~' ~~o D ~~~ ~~ a ~ ~ ~ a ~ ~s o ~ . a Nm~~ IQ ~ O ~ O ~ ~ ~ y ~~ hr r~ ~ ee Cs p d p . ~ y:. .... e - ~ e~C ~ ~ ~ ~ e N "O p e~ g y ~ j A R C ~ ~ a O n 1 . ~ ~ c EVERHOME MORTGAGE COMPANY, Plaintiff v. Nathan Wolf, Co-Administrator of the Estate of Judith A. Jones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A. Jones, Deceased Mortgagor and Real Owner, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW r1 ~ ~'~ - v fir, • G7 ,c ,, `' _ C~ ~ ,...~ wI] ~ t '~ ,,~ 'a ~ ~I, -t~ ~ N F`ri `~ - ~ .c .,~ NO. 09-8794 CIVIL TERM IN RE: MOTION TO STRIKE DEFAULT JUDGMENT ORDER OF COURT AND NOW, this 7~' day of September, 2010, upon consideration of the Motion To Strike Default Judgment, and following a telephone conference on this date in which Plaintiff was represented by Andrew L. Markowitz, Esq., and the Estate of Judith A. Jones was represented by Nathan C. Wolf, Esq., and in which Attorney Wolf represented that he had received an incorrect Notice of default judgment in this case as attached to the motion as Exhibit A, it is ordered and directed as follows, pending further order of court: 1. The Sheriff s Sale scheduled to be held on September 8, 2010, at 10:00 a.m. is postponed; 2. A Rule is issued upon Plaintiff to show cause why Defendant is not entitled to the relief requested; 3. Plaintiff shall file an answer to the motion within 21 days of the date of this order; 4. The petition shall be decided under Pa. R.C.P. 206.7; 5. Depositions shall be completed within 49 days of the date of this order; 6. Argument shall be held on Friday, November 5, 2010, at 11:15 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. 7. Briefs shall be submitted at least seven days prior to argument. BY THE COURT, C/umberland County Sheriffs Office-h /Andrew L. Markowitz, Esq. McCabe Weisberg & Conway, P.C. 123 South Broad Street Suite 2080 Philadelphia, PA 19109 Attorney for Plaintiff than C. Wolf, Esq. 10 West High Street Carlisle, PA 17013 Attorney for Defendant e « „~~~. 4/~~ta ~~ McCABE, WEISBERG AND CONWAY, P.C. BY: Andrew L. Markowitz, Esq. Identification Number 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 EVERHOME MORTGAGE COMPANY Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. NATHAN WOLF, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner and JARROD JAMES JONES, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner NO. 09-8794 Defendants ANSWER OF PLAINTIFF EVERHOME MORTGAGE COMPANY TO DEFENDANTS' MOTION TO STRIKE DEFAULT JUDGMENT c ~~ ~~ Crz ~ ~~ ~ °-~ ~' ~ _„ 0 _.~ rv w -,~ .~- c 0 --i -*~ ~ ~. ~~ ~~ ~a _.~ --~~ ~~ ~ c: ~ Plaintiff, EVERHOME MORTGAGE COMPANY, by and through its attorneys, McCABE, WEISBERG & CONWAY, P.C., hereby responds in opposition to the Motion of Defendants, in their capacity as co-Administrators of the Estate of Judith A. Jones, Deceased Mortgagor and Real Owner, to Strike Default Judgment in the above matter as follows: 1. Admitted. 2. Admitted. Admitted. 4. It is admitted that judgment in this matter was entered against defendants by default on or about May 6, 2010. After reasonable investigation, plaintiff is without knowledge or information sufficient to determine the truth of the remaining allegations of this paragraph and the same are hereby denied and strict proof thereof is hereby demanded. By way of further response, it is denied that the allegations of this paragraph, even if true, set forth any legal basis for the striking of the judgment in this matter since at best such allegations provide a reason for the defendants' delay in filing this motion to strike judgment but such allegations do not satisfy any of the other elements necessary to establish relief on a motion such as this to strike default judgment. 5. It is admitted that judgment in this matter was entered against defendants by default on or about May 6, 2010. After reasonable investigation, plaintiff is without knowledge or information sufficient to determine the truth of the remaining allegations of this paragraph and the same are hereby denied and strict proof thereof is hereby demanded. By way of further response, it is denied that the allegations of this paragraph, even if true, set forth any legal basis for the striking of the judgment in this matter since at best such allegations provide a reason for the defendants' delay in filing this motion to strike judgment but such allegations do not satisfy any of the other elements necessary to establish relief on a motion such as this to strike default judgment. 6. It is admitted that the notice of judgment attached to defendants' motion as Exhibit "A" refers to a matter pending in the Court of Common Pleas of Westmoreland County and such other matter does not have any relationship to this matter. By way of further response, it is denied that the allegations of this paragraph, even if true, set forth any legal basis for the striking of the judgment in this matter since at best such allegations provide a reason for the defendants' delay in filing this motion to strike judgment but such allegations do not satisfy any of the other elements necessary to establish relief on a motion such as this to strike default judgment. 7. Denied for the reason that such document speaks for itself and no further pleading is required in response hereto. 8. Denied for the reason that such document speaks for itself and no further pleading is required in response hereto. 9. Denied for the reason that such document speaks for itself and no further pleading is required in response hereto. 10. Denied as a conclusion of law to which no further pleading is required. By way of further response, such documents speak for themselves and no further pleading is required. By way of still further response, it is denied that the allegations of this paragraph, even if true, set forth any legal basis for the striking of the judgment in this matter since at best such allegations provide a reason for the defendants' delay in filing this motion to strike judgment but such allegations do not satisfy any of the other elements necessary to establish relief on a motion such as this to strike default judgment. 11. After reasonable investigation, plaintiff is without knowledge or information sufficient to determine the truth of the remaining allegations of this paragraph and the same are hereby denied and strict proof thereof is hereby demanded. By way of further response, it is averred that service was properly made on defendants both of plaintiffls Complaint and of notice of intention to enter judgment under Rule 237.1 Pa. R. C. P. and the allegations of this paragraph refer only to service of the notice of entry of judgment. By way of still further response, it is denied that the allegations of this paragraph, even if true, set forth any legal basis for the striking of the judgment in this matter since at best such allegations provide a reason for the defendants' delay in filing this motion to strike judgment but such allegations do not satisfy any of the other elements necessary to establish relief on a motion such as this to strike default judgment. 12. It is admitted that defendants were served with a notice of sheriff's sale which had originally been scheduled to be held on September 8, 2010. After reasonable investigation, plaintiff is without knowledge or information sufficient to determine the truth of the remaining allegations of this pazagraph and the same aze hereby denied and strict proof thereof is hereby demanded 13. Denied as a conclusion of law to which no further pleading is required. By way of further response, it is denied that the allegations of this paragraph, even if true, set forth any legal basis for the striking of the judgment in this matter since at best such allegations provide a reason for the defendants' delay in filing this motion to strike judgment but such allegations do not satisfy any of the other elements necessary to establish relief on a motion such as this to strike default judgment. 14. It is denied that defendants have not been served with a copy of the default judgment in this matter as a copy of such default judgment is attached to this Answer as Exhibit "A" and is being served on counsel for defendants herewith. By way of further response, it is denied that the allegations of this paragraph, even if true, set forth any legal basis for the striking of the judgment in this matter since at best such allegations provide a reason for the defendants' delay in filing this motion to strike judgment but such allegations do not satisfy any of the other elements necessary to establish relief on a motion such as this to strike default judgment. 15. Denied as a prayer for relief to which no further pleading is required. It is denied that the procedural deficiency alleged by defendants, even if true, provides any legal basis for the striking of the judgment in this matter since at best such alleged deficiency provides a reason for the defendants' delay in filing this motion to strike judgment but such alleged deficiency does not satisfy any of the other elements necessary to establish relief on a motion such as this to strike default judgment. 16. Admitted. 17. It is admitted that counsel for defendants had sought the concurrence of plaintiff s counsel at the time of the filing of this motion. 18. Denied as a prayer for relief to which no further pleading is required. WHEREFORE, plaintiff respectfully requests that defendants' motion to strike default judgment in this matter be DENIED in all particulars and further that plaintiff be granted leave to proceed with execution on its judgment in this matter and for such other and further relief as the Court shall deem just and proper. McCABE, W~~~G &f 63~~~VAY, P.C. By: Andrew L. z, Esq. Attorneys for aintiff Everhome rtgage Company VERIFICATION The undersigned, Andrew L. Markowitz, Esquire, does hereby certify that he is counsel for EVERHOME MORTGAGE COMPANY, Plaintiff in the above matter; and that he is authorized to make this verification on its behalf and does so with personal knowledge thereof, and that the foregoing facts as set forth in the foregoing Answer to Motion To Strike Default Judgment are true and correct to the best of his knowledge, information and belief, and further states that false statements herein are made subject to the penalties of 18 PA.C.S.§4904 relating to unsworn falsification to authorities. Dated: September 20, 2010 EXHIBIT "A" McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE -1D # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 1Z3 South Broad Street, Suite 2080 PAilsdelphia, Pennsylvania 19109 {Zls) 790-1010 Everhome Mortgage Company Attorneys ~tjfil,_ 2Di? ~~;Y -b °~~ t ~ ;;g CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. Number 09-8794 Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Defendants ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 09/30/09 to OS/04/l0 $ 143,507.77 $ 5,650.68 Total $ 149,158.45 .~ ham- ~ ERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff AND NOW, this ~ day of ~ , 2010, Judgment is entered in favor of Plaintiff, Everhome Mortgage Company, and against Defendants, Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner, and damages are assessed in the amount of $149,158.45, plus interest and costs. BY THE PROTHONOTARY: ~I~:oo P4 ATri/ ~~ Io4940 I,~c.C¢..I~a~~o/ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Penusylvsuia 17013 Prothonotary To: Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner 10 West High Street Carlisle, Pennsylvania 17013 Everhome Mortgage Company Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Nathan Wolf; Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner No. 09-8794 Defendants NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. X Judgment by Default _ Money Judgment Prothonotary _ Judgment in Replevin _ Judgment for Possession If you have any questions concerning this Judgment, please call McCabe. Weisberg and Conway P.C. at (215 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner 9839 South West 117th Court Miami, Florida 33186 Everhome Mortgage Company Plaintiff v. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 09-8794 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Prothonotary _ C~ Judgment by Default _ Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe. Weisber¢ and Conwav. P.C. at 1215) 790-1010. OFFICE OF THE PROTHONOTARY _ -- __ ____.._ COURT OF COMMON PLEAS Cumberland Connty Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner 10 West High Street Carlisle, Pennsylvania 17013 Everhome Mortgage Company Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner No. 09-8794 Defendants NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. X Judgment by Default Money Judgment Prothonotary _ Judgment in Replevin _ Judgment for Possession If you have any questions concerning this Judgment, pleasc call McCabe. Weisberg and Conwav. P.C. at (215) 790-1010. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID #34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Brosd Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everhome Mortgage Company Plaintiff v. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09.8794 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. The undersigned, being duly sworn according to law, deposes and says that the Defendants, Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner, are not in the Military or Naval Service of the United States or its Ailies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner, are over eighteen (18) years of age, and reside as follows: Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner 10 West High Street Carlisle, Pennsylvania 17013 SWORN AND SUBSCRIBED BEFORE ME THIS _4TH _ DAY OF ~~MAY~ 201~,0,~," A d NJ.C ~ rJ~'~/~s1rU~- NOTA Y PUBLIC F~,MM%N~,yFAt;~{ pF PENN5YLYANIA NDTARI-~L ~[:AL Eiizabeth C. Pa~:~ans-Notary Public City of Philadelphia, Philadelphia County MY COMMISSION ~(PIRES SAN. 20, 2014 Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner 9839 South West 117th Court Miami, Florida 33186 ~^ ERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintif McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 164% Attoroeys for PlsintiiY MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 123 Soutb Brosd Street, Suite 20~ Philadelphia, Pennsylvania 19109 (215) 790-1010 Everhome Mortgage Company Plaintiff v. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-8794 CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendants that judgment would be entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. SWORN AND SUBSCRIBED BEFORE ME THIS _4TH _ DAY OF MAY .2010 NOT Y PUBLIC Copies of said letters are attached hereto and marked as Exhibit "A". NCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET CAIRO, ESQUIRE Attorneys for Plaintiff COMMONWEALTH ur ~~^5"E A L NOTARIAL Elizabeth C. Parsons-Notary Public City of Philadelphia, Philadelphia Counh~ MY COMMISSION JCPIRES JAN. 20, 2014 OFFICE OF THE PROTHONOTARY ~ ~~' 3 ~ e - t a COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17'013 Curt Long ~,, - ;... .:; Prothonotary , ~ ~.~:;. 3 ~, ~. ~, ~: ;Y` Apri121, 2010 ~ ~ ` '' 3 ,r ~ ~ '~ N~: :, r. To: Nathan Wolf, Co-Administrator of the Estate of Judith A Hoses, Deceased Mortgagor and Deal Owner 10 West High Street Carlisle, Pennsylvania 17013 Everhome Mortgage Company vs. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and 7arrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Cumberland Count Court of Common leas Number 09-8794 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARB DI DEFAULT BECAUSH YOU HAVB FAE.BD TO ENTER A WRTr!'EN APPEARANCE PERSONALLY OR BY ATTORNEY AND PII.E RJ WRT17N0 WTHi TILE COURT YOUR DEFENSES OR OBIBCTIONS TO THB CLAIMS SBT FORTH AOAWST YOU. UNLESS YOU ACI WITHIN TEN (~ O} DAYS FROM T118 DATE OF TNIS NOTICE. A JUDOMBNT MAY BE ENTERED AGAINST YOU WITHOUTA HEARINGAND YOU MAY [ASBYOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER 70 YOUR I.AW YER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OO TO OR TELEPIpNB THE OFFICE SET FORTH BELOW. THL1 OFFICE CAN PROVIDE YOU WI7N INFORMATION AEOUT HnuNG A LAWYfiII IF YOU CANNOT AFFORD TO NIRB A LAWYER, THIS OFFICE MAYBE A81fi TOPROVIDfiYOU WITHE~PORMATKNdA80Vf AOEI~IE.9 THATMAYOFFER LEGAL SERVKffi TO E1.10®LE PERSONS AT A RLDIIC6D FEE OR NO PE& CumberLod Colalty Say Association 2 Libaty AYalue Carlisle, Penaryivania 17013 (800)990-9108 NOTIFICACION DVIPOR7~ANTE LISTED SE EN[.'UElrIRA EN ESTADO D6 RE86LD~A POR NO IIABPA PRfiSENTADO UNA COMPAR,BCENCIA fiSC TA, YA SEA rERSOT1A1A4IJTB O POR ABOOADO Y POR NO HAB RADICADO POR 83CRIT0 CON ESTE Y1tE1iUNAL SUS DEFEN8AS U ECIONES A LOS RECLAMOS PORMUTADOS BN OONi'AA SUYO. NO TOMAR l.A ACCgN DE81DA DEMTRO Dfi DIBZ (10) DIAS DE PELTiA DB ESTA NOTff1CACION, EL TRIBUNAL PODRA, 81N ~ NECESIDAD DE COMPARECER LISTED EN CORTE U OIR PRBUBA A, DICTAR SENTBNCIAENSUCONTItAYUSTEDPODRIA BIBNESUOTROS DGRECH091MPORTANTES. U8TRD LB DEBE TOMAR ESIE rArE1.""""""~~1~1~w,~~-~~-~~-~~-su AEOOADo INMEDUITAMEN7'& SI LISTED NO TE'~iB A UN ADO, VA A O T®BPONEA LA OFICINA E7~US0 ABAJO. F.STA A LO PUPDS PROPORCK)NAR CON 1NFORMACION ACBRCA D>~ BMPLEAR A UN AEOO11D0. SIUSTEDNOPUEDEPROPORCIONARPARA UNAEQOADD, E.4TA Oi1CINA PUBOB SBR CAPAZ DR PR CKNrAR1A CON INPORrMICIONACERCADELASA0E1VCiASQUB OFRECERtAS SFRVICIOS LBOAI.EB A PER80NA$ ELEOIBLF.S UN HONORARIO REDUCE)O NI NRJ[i11N HONORARIO. ' Cumberland Colalty Bar Association 2 Liberty Avernle Carlisle:-ksnnsHlvania 17013 BY: Attorl~eya for Plain TERRENCE J. McCABE, ESQUIItE MARL S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQUIRE ANDREW I..IVIARKOWITZ, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Camberiaad County Courthouse, Carlisle, Pennsylvania 17013 Curt Loag PrOthODOtary April 21, 2010 To: Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Real Owner 9839 South West 117th Court Miami, Florida 33186 Everhome Mortgage Company vs. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner ~~ - ~U and Cumberland Co ty Court of Comm n Pleas Number 09.879 NOTICE, RULE 2375 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOV ARE RV DEFAULT BECAUSE YOU HAVE FAILED T'O 6N7'CR A WRI77'Wd APPEARANCE PERSONALLY OR BY ATTORNEY AND F1LH E9 WR17'IN(i WiTii TH8 COURT YOUR DP.FBNSES OR O~L7ION3 TO THB Ci.AD~/S SBT PORTH AOARIST You. UNLESS YOU ACr WJl'FDN TEN (10) DAYS FROM TIIB DATE GAP THIS NOTK~„ A JUD(E~ir IdAY BB 8NT&t® AOADDTYOU WITH(W[AHEARING ANDYt]U MAYLOSEYOURPROPERTY OROTHBR AWORTAMRIOHTB. YOU SNOUiD TAKE THL4 PAPER TO YOUR LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER, 00 70 ORT6LEPt10NE THC OFF1t:ri SBT FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT H1RINO A LAWYER. IF YOU CANNOTAFFORDTO)IIRE A LAWYER,TNts OFT'tCEMAY B8 AELE TOPtiOVe)EYOU WifND1FOR-41TlONABOU7A(iENC1ESTHATMAYOFFER LF.(3AL SERVICES TO ELIGIBLB PERSONS AT A REDUCED FEE OR NO FFF. CRmbetlaad County Bsr Association z Liberyr Avenue CarWle. Pennsylvania 170!3 (800) 990-9108 NOTIFICACION IMPORT UST@D SE ENCUENrRA EN ESTADO D8 RBBELDIA~ POR NO HABER PRESENTADO UNA COMPARECBNCIA CSC A, YA SEA PFRSONALMSNI'6 O FOR ABOOADO Y POR NO HABE RADICADO POR P3CR1T0 o0N t337'B TRIBUNAL SUS DEFENSIIS v A Los 1tECLAM03 FORI~IULADOS ~ CoNIRA SUYO. AL No TO)tlAR LA ACOON DBBIDA DfdN7R0 DB DIEZ (IO) DUS DB LA DC ESTA NOTIFICACION, 6L TRIBUNAL PODRA, 81N IDAD DE COMPARECBR US'IP1>' BM OORTB U OEi PRBIIBA A, DICI'AR SCN18NC1AENSUCONl7tAYU3TEDPOatIATCRD[~Jt ICNBSUOTROS DERECHOS A/PORTANTB4. USTCD l.6 DEBE TOMAR 637E PAPEL A 9U ABOGADO INMBDIATAMENTP Sl USTED NO TlBNB A UN , YA A O TEI.BPONEA LA OPK'(NA EXPUSO ABAK). ESTA A LO PUEDE PROPORLTONAR CON WPORMACItS?! ACERCA DIEPN (E1R A UN ABOOADO. SIUSTCDNOPUEDEPROFORGONARPARAEMPL UNABOOADO, RSTA OPIdNA PUEDE SEA CAPAZ DC PROPOR ARLO CON MPORMACItSNACflRCADELASAOFNCfASQUBPUED l~tEt'ERLOS SFRVICK)S LBOALE8 A T®LSOIJAS ELROIBIBS EN HONORARK) REDUCIDO M NINOUN IRE+IORARIO. Cumberland Bar Association 2 Gibct~y Carlisl 17013 BY: Attorneys for Plaint TERRENCE J. McC ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET CAIRO, ESQUIRE FRANK DUBirT, ESQUIRE ANDREW L. MARKOWTIZ, ESQUIItE I OFFICE OF THE PROTHONOTARY `i ~ C COURT OF COMMON PLEAS __ __ _ _ _ '. Cumberland County Courthouse, Carlisle, Pennsylvania 17013. __ _. _____ Cnrt Long Prothonotary Apri121, 2010 To: Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortg or and Real Owner, c% Nathan Wolf, Esquire 10 West High Street Carlisle, Pennsylvania 17013 , Everhome Mortgage Company vs. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James )ones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Cumberland Cou~lty Court of Commo~l Pleas Number 09-8794 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT 111ZPORTANT NOTICE XOU ARE IN DEFAULT BECAUSE YOU HAVB PAB.ED TO 6NTEA A WRTr1EN APPEARANCE PERSONALLY OR BY ATTORNBY AND f1I.B IN WRITRq Wf171 THB COURT YOUR DEFENSES OR OB3BC1f0Iib Ter THS CLAIMS SET POR7'11 AGAINST YOU.. UNLBSS YOU ALT WRI~1 TEN (1 O) DAYS PROM THE DATE OF THIS NO'~'ICB. A JUDCiMRN1' MAY SB 6NIBRED AOAB~STYOU WJTHOUTAHEARB~OAND YOU MAY LOSBYOURPROPEI[TY OR OTHER IMPORTANT RIOITI'S. YOU SHOULD TAIQZ TMS PA1'bR TO YOUR LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER, 00 TO ~ T8LB1'fiONE THE OFFICE SET PORTII BELOW. 7~B8 OFFICE CAN PROVEN; YOU WTl7i 118+ORMATION ABOUT HIRtNO A uwrElL IP YOUCANNOTAPFORDTOHiREALAWYER,THISOPPICEMAYBEABI$ TOPROVIDBYOU Wfl'HB~II+ORMI-TIONABOVPAOENC~STIIATMAYOPPER LEGAL SERVICES TO BLIOIBL6 PERSONS AT A R1DUC8DPEB OR NO P88. CumberblBd Canty Bar Association 2 Liberty Avatwe CarHsleti, Pmroylvania 17013 (800) 990-9108 NOTiFICACION 11VIPORT LISTED SB BlK.ZlEN1'RA BN ESTADO DE R886LDiA NO HABBR PRESENTADO UNA COMPARECBNCIA ESCRI A, YA SEA PERSONAI.MEN[BOPORABOOADOYPORNOHAB®t CADOPOR B9CRTT0 OON 8$7'B 711BUNAL SUS DF]~FK4AS U TONES A L09 RBCLMgS PORMULADOS EN CONTRA SUYO. AI. TOMAR LA ACC1fAi OBBmA DBNTRO D6 DIEZ () ~) DU1S DB LA DS BETA NOTIPICACION, RI. TRIBUNAI. PODRA, SIN U)AD DB COMPARBCBR LISTED 6N OOR7'E U OBt PRBUBA UNA, DIGTAR SBN7'ENCMBNSUCONTRAYUSTEDPODRIAPBRDF1t SNBSUOTROS oeRBClloa aa>'oRTANTEa. USTBD La oEBB TOMAR ESTB PAPffi. A SU ABOOADO INMBDIATAMENTg SI LISTED NO T18N8 A UN ABO~'rADO, VA A O TEIEFO/lEA LA OPiCINA ~USO ABAJO. $STA OFIQBiA LO PUEDE PROPORCpNAR CON INPORMACIGN ~t~vQr~ OB t A UN ABOOADO. SIUSTEDNOPtIBDBPROPORCIONARPARA ~ lINA90OAD0, BETA OPICWA PUBDB SER CAPAL D8 CON INPORMACIbNA(F1tCADBLASADgN(.'IASQU6 OFRE(.~RLOS SBRYICIOS LEOALES A PERSONAS BLEOIBLES EN HONORARIO REDUC100 NI NlNfiilN HONORARIO. Cumberland Canty Bar Association 2 Libony Carlin eotnyly 17013 (800) 9108 BY: Attorneys for P4intitr Lam/ TERREIVCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIItO, ESQUIRE FRANK DUBIN, ESQUIRE ANDREW L. MARKOWTl7., ESQUIRE VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and cornet to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C,S. Section 4909 relating to unsworn falsification to authorities. /1 C.~ RRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: Andrew L. Markowitz, Esq. Identification Number 28009 Attorneys for Plaintiff 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 EVERHOME MORTGAGE COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. NO. 09-8794 NATHAN WOLF, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner and JARROD JAMES JONES, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Defendants CERTIFICATE OF SERVICE I, Andrew L. Markowitz, Esquire, Attorney for Plaintiff, hereby certifies that a true and correct copy of the foregoing Answer to Defendants' Motion to Strike Default Judgment was served on the following persons on the 21 S` day of September, 2010 by depositing same in the United States mail, first-class, postage pre-paid, addressed as follows: Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 DATE: September 21, 2010 Andrew L. Markowitz, Esq. Attorneys for Plaintiff EVERHOME MORTGAGE COMPANY, Plaintiff V. Nathan Wolf, Co-Administrator of the Estate of Judith A. Jones, Deceased Mortgagor and Real Owner and Jarrod James Jones, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Co-Administrator of the Estate of Judith A. Jones, Deceased Mortgagor and Real Owner, Defendant NO. 09-8794 CIVIL TERM IN RE: MOTION TO STRIKE DEFAULT JUDGMENT ORDER OF COURT AND NOW, this 29`h day of September, 2010, due to a conflict in the Court's schedule, argument in the above matter previously scheduled for November 5, 2010, is rescheduled to Tuesday, November 30, 2010, at 3:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BRIEFS SHALL be submitted at least seven days prior to argument. ./Andrew L. Markowitz, Esq. McCabe Weisberg & Conway, P.C. 123 South Broad Street Suite 2080 Philadelphia, PA 19109 Attorney for Plaintiff ar_v -7, _, :v P.? BY THE COURT. atha.n C. Wolf, Esq. 10 West High Street Carlisle, PA 17013 Attorney for Defendant :rc Coft*" rrvak?L q 1301 lc) EVERHOME MORTGAGE COMPANY Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA :No.: 2009-8794 CIVIL TERM Nathan Wolf, Co-Administrator of the Estate of Judith A. Jones, Deceased Mortgagor and -rj Z Z Real Owner and Jarrod James Jones, -Mrrn -?U-- r= ;-- z r- Co-Administrator of the Estate of Judith A. - Jones, Deceased Mortgagor and Real Owner r ? CD Defendant ' 5.7 C= W PRAECIPE TO WITHDRAW MOTION TO STRIKE DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly mark the Motion to Strike Default judgment, filed by the undersigned, WITHDRAWN, without prejudice. Respectfully s bmitted, WOLF & LF, Attorneys at Law January -v-, 2011 N a . Wolf, Esquire up a Court I.D. No. 87380 est High Street Carlisle, PA 17013-2922 (717) 241-4436 ATTORNEY FOR AND CO-EXECUTOR OF THE ESTATE OF JUDITH A. JONES w 1 4 EVERHOME MORTGAGE COMPANY Plaintiff V. Nathan Wolf, Co-Administrator of the Estate of Judith A. Jones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A. Jones, Deceased Mortgagor and Real Owner Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :No.: 2009-8794 CIVIL TERM CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, do hereby certify this day that I served a copy of the foregoing Praecipe to Withdraw Motion to Strike Default Judgment upon the following by regular electronic mail, to the following individual: Andrew L. Markowitz, Esquire McCabe Weisberg & Conway, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 aarkowitz &mwc-law. com Date: January 4, 2011 Nate. Wolf, Esquire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-8794 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EVERHOME MORTGAGE COMPANY Plaintiff (s) From NATHAN WOLF, CO-ADMINISTRATOR OF THE ESTATE OF JUDITH A HONES, DECEASED MORTGAGOR AND REAL OWNER AND JARROD JAMES JONES, CO- ADMINISTRATOR OF THE ESTATE OF JUDITH A JONES, DECEASED MORTGAGOR AND REAL OWNER (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 $149,158.45 Interest FROM 5/5/10 $12,039.32 AT $24.52 Atty's Comm % Atty Paid $1101.45 Plaintiff Paid Date: 5/31/11 (Seal) REQUESTING PARTY: L. L. Due Prothy $2.00 Other Costs Da id D. Buell, kothonotary By: Deputy Name: MARGARET GAIRO, ESQUIRE Address: MCCABE WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Everhome Mortgage Company Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner FILE NO.: 09-8794 Civil Term AMOUNT DUE: $149,158.45 - n G ?., INTEREST: from 05105110 FqCD Zr -n rn $12,039.32 at $24.52 ' Wit- ?" ca C) ATTY S COMM.: -? --- C) COSTS: Z a z ?z TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or 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) 1004 Holly Pike a/k/a 1004 South Hanover Street Carlisle Pennsylvania 17013 (More fully described as 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 personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: May 23, 2011 S Q?} a?{.60 pd CL kA 5g,gv Cop 9'7 (.(a 5 MIb C1 X00 u„ 10-06,44, 14.0a ?4, ay, Oa ?„ lot 4S rct a fit Signature: Print Name: fadStreet, WEISBERG AND CONWAY Address: 123 S. BSuite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. $ a.oo dm. et* 1(42s& 211a5190,31?Ur?}- L ?? ?( McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everhome Mortgage Company Plaintiff V. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS„ ra C3 C C rn -s NO: 09-8794 --c tnr-.- - !{ GJ V M O? 3> r= <p ?? ? o Q-rt c=y 2y C '? C) ....; r*'s AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 1004 Holly Pike aVa 1004 South Hanover Street, Carlisle, Pennsylvania 17013, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owners or Reputed Owners Name Address Judith A Hones, Deceased Mortgagor and Real Owner Name and address of Defendants in the judgment: Name Address Nathan Wolf, Co-Administrator of the 10 West High Street Estate of Judith A Hones, Deceased Carlisle, Pennsylvania 17013 Mortgagor and Real Owner Jarrod James Jones, Co-Administrator 9839 South West 117th Court of the Estate of Judith A Jones, Miami, Florida 33186 Deceased Mortgagor and Real Owner Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. 5 Name and address of the last recorded holder of every mortgage of record: Name Members 1 st Federal Credit Union Address 5000 Louis Drive Mechanicsburg, Pennsylvania 17055 Mortgage Electronic Registration P.O. Box 2026 Systems, Inc., as nominee for Flagstar Flint, Michigan 48501 Bank, FSB Mortgage Electronic Registration 5151 Corporate Drive Systems, Inc., as nominee for Flagstar Troy, Michigan 48098 Bank, FSB Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 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: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address 1004 Holly Pike Carlisle, Pennsylvania 17013 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriffs Sales United States of America Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Name and address of Attorney of record: Name Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address None 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 unswom falsification to authorities. May 23. 2011 DATE TERREN J. McCABE, ESQUIRE MARC S. EISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Everhome Mortgage Company V. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-8794 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY W 3 mo M.--.- Zrn - t -`? rrrl D -G C> ? r= t Gd ?s C = q"rt 3;,, C-) C") C © C) --ice To: Nathan Wolf, Co-Administrator of the Estate of Jarrod James Jones, Co-Administrator of the Judith A Hones, Deceased Mortgagor and Real Estate of Judith A Jones, Deceased Mortgagor and Owner Real Owner 10 West High Street 9839 South West 117th Court Carlisle, Pennsylvania 17013 Miami, Florida 33186 Your house (real estate) at 1004 Holly Pike a/k/a 1004 South Hanover Street Carlisle, Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on September 7, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $149,158.45 obtained by Everhome Mortgage Company 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: I . The sale will be canceled if you pay to Everhome Mortgage Company the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. 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 the following notice 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 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 by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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 on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 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 real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the 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 schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back., if you act immediately after the sale. 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everhome Mortgage Company Plaintiff V. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-8794 AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS C-2 M 3W = W C:).7 D ? .c? IC > x t=s A2 ? ? The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing addresses of the Defendants are: Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner 10 West High Street Carlisle, Pennsylvania 17013 SWORN AND SUBSCRIBED BEFORE E THIS -6DAY OF 2011 NOTARY PUBLIC Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner 9839 South West 117th Court Miami, Florida 33186 to (w - M k '9' T RRE E J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA NOTARIAL BEAL Maleekah Wiltbanks- Notary Public City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES APR. 06, 2015 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everhome Mortgage Company Plaintiff V. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS c-y =-, rnrn ? : Z:A -t f -o Number 09-8794 to D .? Ca Q ? ? ZC - CS n C O --I M AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. The undersigned, being duly sworn according to law, deposes and says that the Defendants, Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner, are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner, are over eighteen (18) years of age, and reside as follows: Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner 10 West High Street Carlisle, Pennsylvania 17013 SWORN AND SUBSC ED BEFORE E THIS -IV AY OF "/14 .2011 NOTARY PUBL(C EN O TA R 1 A L S E A L ekah WI baks Notary Public f Philadelphia, Philadelphia County OMMISSION EXPIRES APR. 06, 201 Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner 9839 South West 117th Court Miami, Florida 33186 TE EN J. McCABE, ESQUIRE MARC S. EISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 KEVIN McQUAIL, ESQUIIZE-ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everbank Plaintiff V. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-8794 AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129 McCABE, Attorneys f The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 6th day of July, 2011, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED BEFORE ME THIS ']-i-h DAY OF ? 2011 NOTARY BLIC C COMM NWEALTH OF PENNSYLVANIA NOTARIAL SEAL Megan I". Paolucci-Notary Public City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES JAN, 06, 2014 C") -13 CLI t rin Co ? .2t rn ? . rx ' o? -3" 9 C C -X °'1 C O pC? NWAY, P.C. By: TERREN J. cCABE, ESQUIRE - ID # 16496 MARC S. EISBERG, ESQUIRE - ID # 17616 EDWA D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 KEVIN McQUAIL, ESQUIRE-ID # 307169 McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorney for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 KEVIN McQUAIL, ESQUIRE-ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everbank Plaintiff V. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 09-8794 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 1004 Holly Pike, Carlisle, Pennsylvania 17013, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property is attached hereto. Name and address of Owners or Reputed Owners Name Address Nathan Wolf, Co-Administrator of the 10 West High Street Estate of Judith A Hones, Deceased Carlisle, Pennsylvania 17013 Mortgagor and Real Owner Jarrod James Jones, Co-Administrator 9839 South West 117th Court of the Estate of Judith A Jones, Miami, Pennsylvania 33186 Deceased Mortgagor and Real Owner 2. Name and address of Defendants in the judgment: Name Address Nathan Wolf, Co-Administrator of the 10 West High Street Estate of Judith A Hones, Deceased Carlisle, Pennsylvania 17013 Mortgagor and Real Owner Jarrod James Jones, Co-Administrator 9839 South West 117th Court of the Estate of Judith A Jones, Miami, Florida 33186 Deceased Mortgagor and Real Owner Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4 5 Name and address of the last recorded holder of every mortgage of record: Name Members 1 st Federal Credit Union Address 5000 Louis Drive Mechanicsburg, Pennsylvania 17055 Mortgage Electronic Registration P.O. Box 2026 Systems, Inc., as nominee for Flagstar Flint, Michigan 48501 Bank, FSB Mortgage Electronic Registration 5151 Corporate Drive Systems, Inc., as nominee for Flagstar Troy, Michigan 48098 Bank, FSB Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Address 1004 Holly Pike Carlisle, Pennsylvania 17013 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 8. Name and address of Attorney of record: Name Address 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 unsworn falsification to authorities. MCCABE, WEI RG & C WAY, P.C. July 2011 Attorneys for P DATE E By: TERREN J. McCABE, ESQUIRE MARC S. EISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE KEVIN McQUAIL, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everbank COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Number 09-8794 Defendants DATE: July 6, 2011 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner PROPERTY: 1004 Holly Pike, Carlisle, Pennsylvania 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on September 7, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. a w Y? S ?31/I qr L] v E ? Z` o 0 ?o?cxa o El o w ? 0 Au?awS" Uoooo? R 0 0 kr) ?Uo V?CNa•u w C.?„C u O p?•?T-m LamO u RS ,p t? W Qw O L d.. Y0 d z en F-4 z??ad U? H [r. E? Q ? <D 5 , / W ° aO o ? N ? rn ?, cn a r? J <V ?, Q Jfl ., ,; g h U V Wy. y h y ++ f. C .r ?A O A R ` C? eC r7 ?? Pro r ?? 44 d 0. O C C y 0. 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L L C C q a h .??. >a (/a O C7 °• a' ran VI O aoaa? vxu=¢ ??H3aIa GUcaU rf u 3e4 r7r?NrTi q . + ?Q?a3 C ?d?o 3 Al, 4 ? ? ti ?? ?? :? ap ?. o h 0 da ?.. E '? o ?o z_; ? •V O u Ha V1 d V _L Qn w+ L O 6a L - ? C%] z? w ? h H 'a :° McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID #17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everhome Mortgage Company Plaintiff V. Nathan Wolf, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-8794 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA L'? C -V :x r*tw xrn ?r -C I} r-? c? p c-r z c, A ? N r- -urn G -4C? ` r-n I, undersigned, Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: That he is counsel for the above-named Plaintiff; 2. That on July 13, 2011, per the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriff's Sale of Real Property upon the Defendant,Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner, by regular mail and certified mail, return receipt requested, addressed to the Defendant's last-known addresses of 9839 South West 117' Court, Miami, FL 33186. A true and correct copy of the certificate of mailing and certified receipt is attached hereto, made a part hereof, and marked as Exhibit "A." That on June 4, 2011, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner, by posting the same at the mortgage premises of 1004 Holly Pike, Carlisle, PA 17013. The Return of Service indicating same will be duly filed with the Courts. SWORN TO AND SUBSC ED BEFORE ME THIS /Y OF? , 2011. NOTARY PUBLIC . YLVANIr FNOTARIAL EAL COMMON=1RES ry PubIIC hia Count?? MY CpM.12, 2014 TERRENCE J. MCCABE, E 41 vStQUIREj j- MARC S. WEISBERG, ESQUIRE E DWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE . , X15 3 Oro - OAPA MAR 0 4 niu McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everhome Mortgage Company Plaintiff Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 09-8794 -DER AND NOW, this ay of 2dd ?-M , the Plaintiff is granted leave to serve the complaint in Mortgage Foreclosure and all other subsequent pleadings upon the Defendant, Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real owner, by regular mail and by certified mail, return receipt requested, to. his last known address of 9839 South West 117th Court, Miami, Florida 33186 and by posting the Complaint at the mortgaged premises of 1004 Holly Pike, Carlisle, Pennsylvania 17013. BY THE COURT: AJ 4 EXHIBIT A b C/i 0 J C N S 0 'o A ti A 0 F 0 0 nQ R C ft b fp ?o ro 00 N I :: 15 I - I - I 1101 1" 141 1W IN it s ? firm a(ton ted iF 8 g Urn Rcc: N?z w a to y ? m pp ? M O O, rr4 M w bo a fD FQ O .. O ? O O CD i; a !* G7" ? G A; Vn A; V„ c qQ O a° a ? O I'D Q CPDO a a?' a ' o.w ° ? Q o& ,} ? (p ???yyy 1-.1 M ° a co o V pl? n a 0 CD 0 W A A S ?O a R Oo w u?"a a y c ?c a Im.R S. S gbh*s,;a 0 rr. a d 6 .? c?O uv r 4. ? W r r n Ol a r-q Ln Ln OFFICI AL E Ul t m C #%d Far o o? w ' w-. r-9 TONY P~# Few O .... O ,a `°- 0 McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 KEVIN McQUAIL, ESQUIRE - ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everbank Plaintiff V. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-8794 AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129 C7) y t? .:_ S? The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 20th day of July, 2011, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED BEFORE ME THIS 1,%+ DAY OF 2011 McCABE, WEISB & CONWAY, P.C. NOTAR PUBLIC Attorneys for P mti ?.OM4!C7h'W H 77 rElv.VANIA N 0 1 r 1, EA L By. s{'E? l C. FJ J n Ct{ TERREN J. McCABE, ESQUIRE - ID # 16496 Iry Public MARC . WEISBERG, ESQUIRE - ID # 17616 Cfty of Philadelphia, PP,i?atle!pnia Courrly EDWARD D. CONWAY, ESQUIRE - ID # 34687 MY r?Ra?/,S S 1,7 N EX?IR?S AN. 06, 2014 MARGARET GAIRO, ESQUIRE - ID # 34419 KEVIN McQUAIL, ESQUIRE - ID # 307169 MCCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorney for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 KEVIN McQUAIL, ESQUIRE - ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everbank Plaintiff V. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 09-8794 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 1004 Holly Pike, Carlisle, Pennsylvania 17013, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property is attached hereto. Name and address of Owners or Reputed Owners Name Address Nathan Wolf, Co-Administrator of the 10 West High Street Estate of Judith A Hones, Deceased Carlisle, Pennsylvania 17013 Mortgagor and Real Owner Jarrod James Jones, Co-Administrator 9839 South West 117th Court of the Estate of Judith A Jones, Miami, Pennsylvania 33186 Deceased Mortgagor and Real Owner Name and address of Defendants in the judgment: Name Address Nathan Wolf, Co-Administrator of the 10 West High Street Estate of Judith A Hones, Deceased Carlisle, Pennsylvania 17013 Mortgagor and Real Owner Jarrod James Jones, Co-Administrator 9839 South West 117th Court of the Estate of Judith A Jones, Miami, Florida 33186 Deceased Mortgagor and Real Owner Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4 5 Unemployment Compensation Fund 16th Floor L and I Building Harrisburg, Pennsylvania 17121 Name and address of the last recorded holder of every mortgage of record: Name Members 1st Federal Credit Union Address 5000 Louis Drive Mechanicsburg, Pennsylvania 17055 Mortgage Electronic Registration P.O. Box 2026 Systems, Inc., as nominee for Flagstar Flint, Michigan 48501 Bank, FSB Mortgage Electronic Registration 5151 Corporate Drive Systems, Inc., as nominee for Flagstar Troy, Michigan 48098 Bank, FSB Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address 1004 Holly Pike Carlisle, Pennsylvania 17013 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8th Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriffs Sales United States of America Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Name and address of Attorney of record: Name Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address 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 unsworn falsification to authorities. MCCABE, WEISBER ONWAY, P.C. July 20, DATE 2011 Attorneys for Plaipti By: - --/ TERRENCE cC BE, ESQUIRE MARC S. W SBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE KEVIN McQUAIL, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everbank COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Number 09-8794 Defendants DATE: July 20, 2011 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Nathan Wolf, Co-Administrator of the Estate of Judith A Hones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner PROPERTY: 1004 Holly Pike, Carlisle, Pennsylvania 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on September 7, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. i s?cV? z 1 ,i. U 4 Gf? ..? u1 ti Aps _-kRr (n dQ M ?` (? q In LL l4 ? ? 'yy (n ? L u x E r Gi" N ?" .p Q r ?a Uti +? Or?> o?oo? U^o ? C ? pr o ? ? L LQ aui m 0 ' fie' H 1 8 ? +?+ L C ? ?L wS A U??O?? ep Drlx H ? u u u QI ? L O U o ? z v o 'o z >, ?D w 'u u c p ? d? i E?• t7G Uo d w C y° u °? u e a ?, V d ^d CQ 4r L O a E?jv? ?F F" R? to uNS $ O.? -SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy u i Q,T 20 Richard W Stewart Solicitor Ff . ' ? r c ?€ ? I 1 l i ttt4l P EN N. S EverHome Mortgage Company Case Number vs. Wolf, Nathan Co-Admin of the Estate of Judith A. Jones, Deceased (et al.) 2009-8794 SHERIFF'S RETURN OF SERVICE 06/22/2011 10:15 AM - Deputy Gerald Worthington, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Wolf, Nathan Co-Admin of the Estate of Judith A. Jones, Deceased at 10 West High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 06/24/2011 04:48 PM - Deputy Tim Black, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Jarrod James Jones, pursuant to Order of Court by "Posting" the premises located at 1004 Holly Pike, Borough of Carlisle, Carlisle, PA 17013, Cumberland County with a true and correct copy according to law. 06/29/2011 Timothy Black, Deputy Sheriff, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 1004 Holly Pike, a/k/a 1004 South Hanover Street, Carlisle, Cumberland County. 09/08/2011 Ronny R. Anderson, Sheriff, 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 Cumberland County Courthouse, Carlisle, Cumberland County, PA on September 7, 2011 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Terrance McCabe, on behalf of, Federal National Mortgage Association, of, 1900 Market Street, # 800, Philadelphia, PA 19103 being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $978.22 October 19, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Y?,66 rd -Q.- loff :?L 4e G- -) 3 i=i ?.,oun'ySuite Sherft. Ie:eosm, Inc McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everhome Mortgage Company Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. NO: 09-8794 Nathan Wolf, Co-Administrator of the Estate of Judith A ones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner Defendants AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 1004 Holly Pike a/k/a 1004 South Hanover Street, Carlisle, Pennsylvania 17013, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owners or Reputed Owners Name Address Judith A Hones, Deceased Mortgagor and Real Owner Name and address of Defendants in the judgment: Name Address Nathan Wolf, Co-Administrator of the 10 West High Street Estate of Judith A Hones, Deceased Carlisle, Pennsylvania 17013 Mortgagor and Real Owner Jarrod James Jones, Co-Administrator 9839 South West 117th Court of the Estate of Judith A Jones, Miami, Florida 33186 Deceased Mortgagor and Real Owner Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4 5 Name and address of the last recorded holder of every mortgage of record: Name Members 1st Federal Credit Union Address 5000 Louis Drive Mechanicsburg, Pennsylvania 17055 Mortgage Electronic Registration P.O. Box 2026 Systems, Inc., as nominee for Flagstar Flint, Michigan 48501 Bank, FSB Mortgage Electronic Registration 5151 Corporate Drive Systems, Inc., as nominee for Flagstar Troy, Michigan 48098 Bank, FSB Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 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: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address 1004 Holly Pike Carlisle, Pennsylvania 17013 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8" Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriffs Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 United States of America c/o U.S. Dept of Justice, Room 5111 Atty General of the United States 950 Pennsylvania Avenue NW Washington, DC 20530-0001 United States of America c/o U.S. Dept of Justice, Room 4400 Atty General of the United States 950 Pennsylvania Avenue NW Washington, DC 20530-0001 8. Name and address of Attorney of record: Name Address None 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. May 23, 2011 DATE TERREN J. McCABE, ESQUIRE MARC S. EISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL that certain piece or parcel of land, situate, lying and being In Carlisle Borough, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western edge of right of way, 62 teat from the conterline of Pa. Rte. 34, at an iron pin, at corner of land now, or formerly of Edward H. Campbell and wife thence by said Campbell land North 83 degrees 59 minutes West 136.42 feet to apoint; thence by land now or formerly of S. Ralph Employ, North 6 degrees 7 minutes East 15 to a point; thence by same North 83 degrees 53 minutes West 20 feet to a point; thence by land now or formerly of Nicholas D. Krnwatw North 6 degrees 7 minutes East 86.15 fleet to a point; thence by land of Paul J. Negley and wife South 83 degrees 53 minutes East 156.33 feet to a point on the western right of way of Pa, Rte. 34; thence by the western edge of the right of way of Pa, Rts. 34 South 6 dogma 7 minutes West 96.15 feet to an Iron pin, the place of beginning and being improved by a brick dwelling house known and numbered as No. 1004 Holly Pike. Parcel 004,23-0600-023 Transferred from husband and wife, to wife and therefore excempt from transfer stamps. 1004 Holly Pike a/k/a 1004 South Hanover Street, Carlisle, Pennsylvania 17013. BEING the same premises which DAVID C. JONES AND JUDITH JONES, HUSBAND AND WIFE by deed dated August 4, 2003 and recorded September 19, 2003 in the office of the Recorder in and for Cumberland County in Deed Book 259, Page 1974, granted and conveyed to Judith Jones, a divorced woman. Judith Jones departed this life on 1/9/2009. Title is now solely vested in Nathan Wolf, Co-Administrator of the Estate of Judith ones, Deceased Mortgagor and Real Owner and Jarrod James Jones, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner, by operations of law. TAX MAP PARCEL NUMBER: 04-23-0600-023 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-8794 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EVERHOME MORTGAGE COMPANY Plaintiff (s) From NATHAN WOLF, CO-ADMINISTRATOR OF THE ESTATE OF JUDITH AJiONES, DECEASED MORTGAGOR AND REAL OWNER AND JARROD JAMES JONES, CO- ADMINISTRATOR OF THE ESTATE OF JUDITH A JONES, DECEASED MORTGAGOR AND REAL OWNER (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 $149,158.45 L.L. Interest FROM 5/5/10 $12,039.32 AT $24.52 Atty's Comm % Due Prothy $2.00 Arty Paid $1101.45 Other Costs Plaintiff Paid Date: 5131111 ca Y/ David D. (Seal) By: Buell, Prothonotary Deputy REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 TRUE COPY FROM RECORD In Testimony whereof, i here unto set my hand and the al of said Court at Carlisle, Pa. This day of , 20 " Prothonotary Supreme Court ID No. 34419 On June 7, 2011 the Sheriff levied; upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 1004 Holly Pike a/k/a, 1004 South Hanover Street, Carlisle, more fully described on Exhibit "A" filed withjthis writ and by this reference incorporated herein. Date: June 7, 2011 By: 7&"OLJ Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2009-8794 civil EverHome Mortgage Company vs. Wolf, Nathan Co-Admin of the Estate of Judith A. Jones, Deceased, Mortgagor and Real Owner Jarrod James Jones, Co- Administrator of the Estate of Judith A. Jones, Deceased Mortgagor and Real Owner Atty.: Terrence McCabe ALL that certain piece or parcel of land, situate, lying and being in Carlisle Borough, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western edge of right of way, 62 feet from the centerline of Pa. Rte. 34, at an iron pin, at corner of land now, or formerly of Edward H. Campbell and wife thence by said Campbell land North 85 degrees 59 minutes West 136.42 feet to appoint; thence by land now or formerly of S. Ralph Empley, North 6 degrees 7 minutes East 15 to a point; thence by same North 83 degrees 53 minutes West 20 feet to a point; thence by land now or for- merly of Nicholas D. krawelw North 6 degrees 7 minutes East 86.15 feet to a point; thence by land of Paul J. Negley and wife South 83 degrees 53 minutes East 156.33 feet to a point on the western right of way of Pa, Rts 34; thence by the western edge of the right of way of Pa, Rts. 34 South 6 degrees 7 minutes West 96.15 feet to an iron pin, the place of beginning and being improved by a brick dwell- ing house known and numbered as No. 1004 Holly Pike. Parcel# 04-23-0600-023. Transfer red from husband and wife to wife and therefore exempt from transfer stamps. BEING the same premises which DAVID C. JONES AND JUDITH JONES, HUSBAND AND WIFE by deed dated August 4, 2003 and re- corded September 19, 2003 in the office of the Recorder in and for Cum- berland County in Deed Book 259, Page 1974, granted and conveyed to Judith Jones, a divorced woman. Judith Jones departed this life on 1/9/2009. Title is now solely vested in Nathan Wolf, Co-Administrator of the Estate of Judith A. Jones, De- ceased Mortgagor and Real Owner and Jarrod James Jones, Co-Ad- ministrator of the Estate of Judith A. Jones, Deceased Mortgagor and Real Owner, by operations of law. 71 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: July 15, July 22 and July 29, 2011 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. 0- \\Ijl a Marie Coyn Editor SWORN TO AND SUBSCRIBED before me this 9 day of Jul 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE at Patriot //Yews 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she 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 she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of 'rhe 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: 07/15/11 07/22/11 07/29/11 Sworn to a subscribed of August, 2011 A.D. Pu COMMONWEALTH OF PENNSYLV=CD NotariaSherrie a Klsner, Lower Paxton 7 yvpMy Commt?ion Member, Penn sY lvania Asocation of Notaries 200E47w ChM Term EverHome Morigalie Cojrpany vs Wolf, Natlmn Co-Admin of the Estate of Judith A. Jones, Deceased, Mortgagor and Real Owner Jarrod James Jones, Co. Administrator of the Estate of Judith A. Jones, Deceased Mortgagor and ROM Owner Atty: 7brrencs McCabe ALL that certain piece or parcel of land, situate, lying and being in Carlisle Borough, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the wester edge of right of way, 62 feet from the centerline of Pa. Rte. 34, at an iron pin, at comer of land now, or formerly of Edward H. Campbell and wife thence by said Campbell land North 85 degrees 59 minutes West 136.42 feet to appoint; thence by land now or formerly of S. Ralph Empley, North 6 degrees 7 minutes East 15 to a point; thence by same North 83 degrees 53 minutes West 20 feet to a point; thence by land now or formerly of Nicholas D, krawelw North 6 degrees 7 minutes East 86.15 feet to a point; thence by land of Paul J. Negley and wife South 83 degrees 53 minutes East 15633 feet to a point on the wester right of way of Pa, Rts 34; thence by the wester edge of the right of way of Pa, Rts. 34 South 6 degrees 7 minutes West 96.15 feet to an iron pin, the place of beginning and being improved by a brick dwelling house known and numbered as No. 1004 Holly Pike. Parcel# 04-234)00-023 'Ransfer red from husband and wife to wife and therefore exempt from transfer stamps, BEING the same premises which DAVID C. JONES AND JUDITH JONES, HUSBAND AND WIFE by deed dated August 4, 2003 and recorded September 19, 2003 in the office of the Recorder in and for Cumberland County in Deed Book 259, Page 1974, granted and conveyed to Judith Jones, a divorced woman. Judith Jones departed this life on 1/9/2009. Title is now solely vested in Nathan Wolf, Co-Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner and.larrod James Jones, Co- Administrator of the Estate of Judith A Jones, Deceased Mortgagor and Real Owner, by operations of law. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 7 day of Se ten mber A.D., 202011, under and by virtue of a writ Execution issued on the 31 day of May, A.D., 202011, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 8794, at the suit of Everhome Mortgage Company against Wolf, Nathan Co- Admin of the Estate of Judith A Jones Deceased (et al.) is duly recorded as Instrument Number 201128970. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 20 day of e or er offDDe?edds #*Fitt*ndWofJm.2014