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HomeMy WebLinkAbout11-6535FILED-OFFICE OF THE PROTHONOTARY 2011 AUG 19 PM 3: 01 CU PEWS LVANIUA TY McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE JL McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 MetLife Home Loans, A Division of MetLife Bank, N.A. 3900 Capital City Boulevard Lansing, Michigan 48906 V. Annie C Hurley 32 East Ridge Street Carlisle, Pennsylvania 17013 Attorneys for Plaintiff Cumberland County Court of Common Pleas 'Feiiw Number 'I - 635 ei?(l CIVIL ACTION/MORTGAGE FORECLOSURE 0 q2. oo Pd At C# 1Y'7;98 ?*; 63y76 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 32 South Bedford Street 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 provisiones 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is MetLife Home Loans, A Division of MetLife Bank, N.A., duly organized and doing business at the above-captioned address. The Defendant is Annie C Hurley, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 32 East Ridge Street, Carlisle, Pennsylvania 17013. On December 18, 2008, Annie C Hurley made, executed and delivered a mortgage upon the premises hereinafter described to MetLife Home Loans, A Division of MetLife Bank, N.A. which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Instrument No. 200901314. 4. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 4 Pennsylvania Avenue, Newville, Pennsylvania 17241. The mortgage is in default because the property has ceased to be the primary residence of the defendant. 6. The following amounts are due on the mortgage: Principal Balance $ 49,213.37 Interest through May 31, 2011 $ 2,071.84 (Plus $2.02 per diem thereafter) Attorney's Fee $ 1,300.00 Service Fees $ 1,050.00 Appraisals $ 425.00 Inspection Fees $ 215.00 Mortgage Insurance Premiums (MIP) $ 2,406.89 GRAND TOTAL $ 56,682.10 7. 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. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $56,682.10, together with interest at the rate of $2.02 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. . McCABE, WEISBERO- ?ND 4ONWAY,P.C. BY: Marisa Cohen, Esquii Attorney for Plaintiff 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 Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, and 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, WE035 RG AST D CONWAY,P.C. r ? BY: Marisa Cohen, squire Attorney for Plaintiff MetLife Home Loans, A Division of MetLife Bank, N.A. v. Annie C Hurley CHICAGO TITLE INSURANCE COMPANY Agent's File Number: BW08-9995 Schedule A, Continuation Page BEING PARCEL NUMBER 28-21-0361-048A Purpart #1: ALL THAT CERTAIN tract of land situate in the South Ward of the Borough of Newvi Ile, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point one hundred one and two-thirds feet (101-2/3) feet from the curb line at the intersection of Broad Stret and Pennsylvania Avenue and the land of the Grantors; thence in a Southerly direction along South Pennsylvania Avenue twenty-four (24) feet to a corner of land of Fred Negley; thence along the lands of Fred Negley in a westerly direction seventy-two and one-half (72-1/2) feet to a point at the corner of lands of Raymond Heckman et ux; thence in a northerly direction along the lands of Raymond Heckman, et ux, twenty four (24) feet to a corner of lands of Raymond Heckman, et ux and land this day conveyed to Edna Bolen; thence along the land this day conveyed to Edna Bolen in an easterly direction seventy-two and one-half (72-1/2) feet to the dace of BEGINNING. Purpart #2; ALL THOSE TWO CERTAIN tracts of land situate in the South Ward of the Borough of Newvillie, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: Tract No. 1: BEGINNING at a point on South Pennsylvania Avenue and the partition line of House No. 8'and House No. 6 herein conveyed; thence in a northerly direction along South Pennsylvania Avenue, seventeen (17) feet four (4) inches to House No. 4 to the partition line between House No. 6 and House No. 4; thence in a westwardly direction along said partition wall and continuing in a straight line sixty (60) feet to the property of R.R. Heckman; thence in a southerly direction along the same, seventeen (17) feet four (4) inches to a point at the intersection of the land of the Grantor and R.R. Heckman; thence in a eastwardly direction continuing in a straight line and along the the said partition wall to the place of BEGINNING. Tract No. 2: BEGINNING at a point in the intersection of Hursh Avenue and Pennsylvania Avenue; thence in a northerly direction along Pennsylvania Avenue, 72 feet to the partition line between House No. 6 herein conveyed and House No. 4 now or late of C. Herman Fry and Ethel May Pry, his wife; thence in a westerly direction along said partition wall and continuing in a straight line 60 feet to the property of Andrew Oiler; thence in a southerly direction along the land of Andrew Oiler 72 feet to a point on Hursh Avenue; thence in an easterly direction 60 feet to the place of BEGINNING. Tract #1: BEING the same premises which C. Herman Fry and Ethel Mae Fry, his wife by Deed bearing date February 24, 1962 and recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Commonwealth of Pennsylvania in Deed Book 20-L page 258 Cioscrs' Choice SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor L41t??tit, pt ''l`a:ulrr?la+ OFF ,E FILED-G' F'I E Li THE Pf OT>- CIN iARY 2011 SEP - I AM 9: 41 CUMBERLAND NNVAMA Metlife Home Loans, A Division of Metlife Bank, NA vs. Annie C. Hurley Case Number 2011-6535 SHERIFF'S RETURN OF SERVICE 08/25/2011 08:35 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on August 25, 2011 at 2035 hours, he served a true copy of the within Complaint in Mortgage eclosure, upon the within named defendant, to wit: Annie C. Hurley, by making known unto Debra Wi on Daughter of Defendant at 32 E. Ridge Street, Carlisle, Cumberland County, Pennsylv is 17713 i contents and at the same time handing to her personally the said true and correct copy of th of e. ,DEPUTY 08/29/2011 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: Annie C. Hurley, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Annie C. Hurley. Request for service at 4 Pennsylvania Avenue, Newville, Pennsylvania 17241 is vacant. Annie C. Hurley currently resides at 32 E. Ridge Street, Carlisle, Pennsylvania 17013. SHERIFF COST: $61.00 August 29, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 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 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 MetLife Home Loans, A Division of MetLife Bank, N.A. Plaintiff V. Annie C Hurley Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-6535 civil term ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: P1 ... .` rTj , ..-.. . C > r' j r- 7_ -4c' <C3 , =-T1 C -` Q .-?.n .-.._ :mac C-1 CD Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal $ 56,682.10 Interest from 06/01/11 to 10/07/11 $ 260.58 Total $ 56,942.68 04 Margare airo, Esquire 41K} Gk%y.00 Attorne for Plaintiff 4(} X5(3 7 r? ?214o)Ia SS/glad AND NOW, this 1; day of 0 2011, Judgment is entered in favor of Plaintiff, MetLife ?,b u M Home Loans, A Division of MetLife Bank, N.A., and against Defendant, Annie C Hurley, and damages are assessed in the amount of $56,942.68, plus interest and costs. BY THE PROT OT 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 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 MetLife Home Loans, A Division of MetLife Bank, N.A. Plaintiff V. Annie C Hurley Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-6535 civil term 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 Defendant, Annie C Hurley, is 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 Defendant, Annie C Hurley, is over eighteen (18) years of age, and reside as follows: Annie C Hurley 32 East Ridge Street Carlisle, Pennsylvania 17013 SWORN AND SUBSgUBED BEFORE ME THIS DAY OF 2011 NOT Y PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Matthew R. Quigley-Notary Public City of Philadelphia, Philadelphia County MY COP 10N EXPIRES APR 08,2015 par a? ar Gairo, Esquire Attorney 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 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 MetLife Home Loans, A Division of MetLife Bank, N.A. Plaintiff V. Annie C Hurley Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-6535 civil term AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. 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 address of the Defendant is: Annie C Hurley 32 East Ridge Street Carlisle, Pennsylvania 17013 SWORN AND SUBSg]?IBED Margar Gairo, Esquire BEFOREAIF, THIS `111 DAY Attorney for Plaintiff OF 2011 jK®TARIAL -SEAL h'atthew R. Quigley-Notary Public City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES APR. :18, 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 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 MetLife Home Loans, A Division of MetLife Bank, N.A. Plaintiff V. Annie C Hurley Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-6535 civil term 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 Defendant that, judgment would be entered against him/her within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN AND SUBS RIBED BEFORE, ME THIS'W) DAY OF tpe 2011 N ARY PUBLIC 4ar'- &V?? - Marga t Gairo, Esquire Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Matthew R. Quigley-Notary Public City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES APR. 08,2015 VERIFICATION The undersigned attorney hereby certifies that she is the Attorney for the Plaintiff in the within action, and that she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of 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. VI Margare afro, Esquire Attorney or Plaintiff OFFICE OF THE PROTHONOTARY Curt Long Prothonotary COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 September 16, 2011 To: Annie C Hurley 32 East Ridge Street Carlisle, Pennsylvania 17013 MetLife Home Loans, A Division of MetLife Bank, N.A. vs. Annie C Hurley Cumberland County Court of Common Pleas Number 11-6535 civil term /U S713F 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 WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOUMAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 00 TO OR TELEPHONE TIC OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORDTO 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (800)990-9108 NOTIFICACION IMPORTANTE LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPAREC13NCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSES U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUMO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SUCONTRA Y USTEDPODRIA PERDERBIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO 1NNIEDIATAMENTE. Sl USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON woRMAc16N 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 HONORARTO REDUCIDO N1 NINGUN HONOR ARIO. Cumberland County Bar Association 32 South Bedford Street - ti Carlisle, Pennsylvania 17013 (800) 990-9108 BY: Atto cys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE emm OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Annie C Hurley 32 East Ridge Street Carlisle, Pennsylvania 17013 MetLife Home Loans, A Division of MetLife Bank, N.A. Plaintiff V. Annie C Hurley Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 11-6535 civil term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT ha been dhtered in^#h?ibove proceed' 1 ,J as indicated below. Protho X Judgment by Default - 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. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-6535 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. Plaintiff (s) From ANNIE C. HURLEY (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: $56,942.68 L.L.: $.50 Interest FROM 10/08/I1 $1,422.72 AT $9.36 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $193.50 Other Costs: Plaintiff Paid: Date: 11/23/11 J avid D. Buell Prothonotary (Seal) By: Deputy P.EQUESTING PARTY: Name: ANDREW L. MARKOWITZ, 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. 28009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MetLife Home Loans, A Division of MetLife Bank, N.A. V. Annie C Hurley FILE NO.: H-6535 civil term Civil Term:. ry: AMOUNT DUE: $56,942.68 i L INTEREST: from 10/08/11 ??? .. $1,422.72 at $9.36 ATTY'S COMM.: -' -' - COSTS: 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) 4 Pennsylvania Avenue Newville Pennsylvania 17241 (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: November 16, 2011 Signature: re- Print Name: Andrew Mar co7AN Firm: MCCABE, WEISBERG WAY Address: 123 S. Broad Street SPhiladel hia PA 19 10Attorney for: Plaintiff Q of Telephone: (215) 790 1010 (.C . F Supreme Court ID No. 28009 cNa, 00 It if ly. Ov t' `' 8 . SO u u %6 193 4z a a.otld', . so c.1- OIL lsocd 1??? s3 ? f ? Purpart # 1: LEGAL DESCRIPTION ALL that certain tract of land situate in the South Ward of the Borough of Newville, County of Cumberland, State of Pennsylvania, bounded and described as follows, to-wit:- BEGINNING at a point One Hundred One and Two-thirds feet (101 2/3) feet from the curb line at the intersection of Broad Street and Pennsylvania Avenue and the land of the Grantors; thence in a Southerly direction along South Pennsylvania Avenue Twenty-four (24) feet to corner of land of Fred Negley; thence along the lands of Fred Negley in a Westerly direction Seventy-two and one-half (72 '/z) feet to a point at the corner of lands of Raymond Heckman et ux; thence in a Northerly direction along the lands of Raymond Heckman, et ux Twenty four (24) feet to a corner of lands of Raymond Heckman, et ux and land this day conveyed to Edna Bolen; thence along the land this day conveyed to Edna Bolen in an Easterly direction Seventy-two and One-half (72 ''/z) feet to the place of BEGINNING. BEING the same premises which C. HERMAN FRY AND ETHEL MAE FRY, HIS WIFE by deed dated February 24, 1962 and recorded February 27, 1962 in the office of the Recorder in and for Cumberland County in Deed Book L20, Page 258, granted and conveyed to Floyd M. Hurley and Annie C. Hurley, his wife. AND the said Floyd M. Hurley departed this life on January 31, 1994 leaving title vested solely unto Annie C. Hurley by operation of law. Purpart #2: ALL THOSE TWO certain tracts of land situate in the South Ward of the Borough of Newville, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: TRACT NO. 1: BEGINNING at a point on the South Pennsylvania Avenue and the partition line of House No. 8 and House No. 6 herein conveyed; thence in a northerly direction along South Pennsylvania Avenue, seventeen (17) feet four (4) inches to house No. 4 to the partition line between house No. 6 and House No. 4; thence in a westwardly direction along said partition wall and continuing in a straight line sixty (60) feet to the property of R. R. Heckman; thence in a southerly direction along the same, seventeen (17) feet Four (4) inches to a point at the intersection of the land of the Grantor and R. R. Heckman; thence in a eastwardly direction continuing in a straight line and along the said partition wall to the place of BEGINNING. TRACT NO. 2: BEGINNING at a point in the intersection of Hursh Avenue and Pennsylvania Avenue; thence in a northerly direction along Pennsylvania Avenue, 72 feet to the partition line between House No. 6 herein conveyed and House No. 4, now or late of C. Herman Fry and Ethel May Fry, his wife; thence in a westerly direction along said partition wall and continuing in a straight line 60 feet to the property of Andrew Oiler; thence in a southerly direction along the land of Andrew Oiler 72 feet to a point on Hursh Avenue; thence in an easterly direction 60 feet to the place of BEGINNING. BEING the same premises which DEEMER FRED NEGLEY, EXECUTOR OF THE ESTATE OF FRED LEE NEGLEY, DECEASED, by deed dated March 30, 1963 and recorded April 1, 1963 in the office of the Recorder in and for Cumberland County in Deed Book U20, Page 537, granted and conveyed to Floyd M. Hurley and Annie C. Hurley, his wife. AND the said Floyd M. Hurley departed this life on January 31, 1994 leaving title vested solely unto Annie C. Hurley by operation of law. Premises: 4 Pennsylvania Avenue, Newville, Pennsylvania 17241. TAX MAP PARCEL NUMBER: 28-21-0361-048A 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 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (2151790-1010 MetLife Home Loans, A Division of MetLife Bank, N.A. Plaintiff V. Annie C Hurley Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 11-6535 civil term AFFIDAVIT PURSUANT TO RULE 3129 . r Cl) _ 77,7 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 4 Pennsylvania Avenue, Newville, Pennsylvania 17241, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Annie C Hurley 32 East Ridge Street Carlisle, Pennsylvania 17013 2. Name and address of Defendant in the judgment: Name Address Annie C Hurley 32 East Ridge Street Carlisle, Pennsylvania 17013 3. 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 Plaintiff herein Address The Secretary of Housing and Urban 451 Seventh Street, S. W. Development Washington, D.C. 20410 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 PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 4 Pennsylvania Avenue Newville, Pennsylvania 17241 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 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales J 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 8. 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 unsworn falsification to authorities. November 16, 2011 Andrew L. Markb*itz,TEsquire DATE Attorney for Plaintiff LEGAL DESCRIPTION Pl!rpart # 1: ALL that certain tract of land situate in the South Ward of the Borough of Newville, County of Cumberland, State of Pennsylvania, bounded and described as follows, to-wit:- BEGINNING at a point One Hundred One and Two-thirds feet (101 2/3) feet from the curb line at the intersection of Broad Street and Pennsylvania Avenue and the land of the Grantors; thence in a Southerly direction along South Pennsylvania Avenue Twenty-four (24) feet to corner of land of Fred Negley; thence along the lands of Fred Negley in a Westerly direction Seventy-two and one-half (72 '/2) feet to a point at the corner of lands of Raymond Heckman et ux; thence in a Northerly direction along the lands of Raymond Heckman, et ux Twenty four (24) feet to a corner of lands of Raymond Heckman, et ux and land this day conveyed to Edna Bolen; thence along the land this day conveyed to Edna Bolen in an Easterly direction Seventy-two and One-half (72 %) feet to the place of BEGINNING. BEING the same premises which C. HERMAN FRY AND ETHEL MAE FRY, HIS WIFE by deed dated February 24, 1962 and recorded February 27, 1962 in the office of the Recorder in and for Cumberland County in Deed Book L20, Page 258, granted and conveyed to Floyd M. Hurley and Annie C. Hurley, his wife. AND the said Floyd M. Hurley departed this life on January 31, 1994 leaving title vested solely unto Annie C. Hurley by operation of law. Purpart #2: ALL THOSE TWO certain tracts of land situate in the South Ward of the Borough of Newville, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: TRACT NO. 1: BEGINNING at a point on the South Pennsylvania Avenue and the partition line of House No. 8 and House No. 6 herein conveyed; thence in a northerly direction along South Pennsylvania Avenue, seventeen (17) feet four (4) inches to house No. 4 to the partition line between house No. 6 and House No. 4; thence in a westwardly direction along said partition wall and continuing in a straight line sixty (60) feet to the property of R. R. Heckman; thence in a southerly direction along the same, seventeen (17) feet Four (4) inches to a point at the intersection of the land of the Grantor and R. R. Heckman; thence in a eastwardly direction continuing in a straight line and along the said partition wall to the place of BEGINNING. TRACT NO. 2: BEGINNING at a point in the intersection of Hursh Avenue and Pennsylvania Avenue; thence in a northerly direction along Pennsylvania Avenue, 72 feet to the partition line between House No. 6 herein conveyed and House No. 4, now or late of C. Herman Fry and Ethel May Fry, his wife; thence in a westerly direction along said partition wall and continuing in a straight line 60 feet to the property of Andrew Oiler; thence in a southerly direction along the land of Andrew Oiler 72 feet to a point on Hursh Avenue; thence in an easterly direction 60 feet to the place of BEGINNING. BEING the same premises which DEEMER FRED NEGLEY, EXECUTOR OF THE ESTATE OF FRED LEE NEGLEY, DECEASED, by deed dated March 30, 1963 and recorded April 1, 1963 in the office of the Recorder in and for Cumberland County in Deed Book U20, Page 537, granted and conveyed to Floyd M. Hurley and Annie C. Hurley, his wife. AND the said Floyd M. Hurley departed this life on January 31, 1994 leaving title vested solely unto Annie C. Hurley by operation of law. Premises: 4 Pennsylvania Avenue, Newville, Pennsylvania 17241. TAX MAP PARCEL NUMBER: 28-21-0361-048A 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 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 MetLife Home Loans, A Division of MetLife Bank, N.A. Plaintiff V. Annie C Hurley Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-6535 civil term 40 ? - AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. 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 address of the Defendant is: Annie C Hurley 32 East Ridge Street Carlisle, Pennsylvania 17013 SWORN AND SUBSC BEFO E^TWS OF C/ 20 LJ , NOTARY PUBLIC ?QMM7r ?i^7(.'?A N LtwAl,? Barbara J. f'ar? Public tiny of Philadv'.. ? i:l' . , 'i6JLlOia court MY COMMlSSiON EVIFIES JAN.12, 2014 Andrew L'.' rkowitz, Esquire Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE -1D # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW MetLife Home Loans, A Division of MetLife Bank, N.A. Annie C Hurley Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-6535 civil term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Annie C Hurley 32 East Ridge Street Carlisle, Pennsylvania 17013 Fri rir rO ' l r CD L Your house (real estate) at 4 Pennsylvania Avenue, Newville, Pennsylvania 17241 is scheduled to be sold at Sheriffs Sale on March 7, 2012 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 $56,942.68 obtained by MetLife Home Loans, A Division of MetLife Bank, N.A. 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: The sale will be canceled if you pay to MetLife Home Loans, A Division of MetLife Bank, N.A. 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. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION Purpart # 1: ALL that certain tract of land situate in the South Ward of the Borough of Newville, County of Cumberland, State of Pennsylvania, bounded and described as follows, to-wit:- BEGINNING at a point One Hundred One and Two-thirds feet (101 2/3) feet from the curb line at the intersection of Broad Street and Pennsylvania Avenue and the land of the Grantors; thence in a Southerly direction along South Pennsylvania Avenue Twenty-four (24) feet to corner of land of Fred Negley; thence along the lands of Fred Negley in a Westerly direction Seventy-two and one-half (72 ''/z) feet to a point at the corner of lands of Raymond Heckman et ux; thence in a Northerly direction along the lands of Raymond Heckman, et ux Twenty four (24) feet to a corner of lands of Raymond Heckman, et ux and land this day conveyed to Edna Bolen; thence along the land this day conveyed to Edna Bolen in an Easterly direction Seventy-two and One-half (72 '/2) feet to the place of BEGINNING. BEING the same premises which C. HERMAN FRY AND ETHEL MAE FRY, HIS WIFE by deed dated February 24, 1962 and recorded February 27, 1962 in the office of the Recorder in and for Cumberland County in Deed Book L20, Page 258, granted and conveyed to Floyd M. Hurley and Annie C. Hurley, his wife. AND the said Floyd M. Hurley departed this life on January 31, 1994 leaving title vested solely unto Annie C. Hurley by operation of law. Purpart #2: ALL THOSE TWO certain tracts of land situate in the South Ward of the Borough of Newville, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: TRACT NO. 1: BEGINNING at a point on the South Pennsylvania Avenue and the partition line of House No. 8 and House No. 6 herein conveyed; thence in a northerly direction along South Pennsylvania Avenue, seventeen (17) feet four (4) inches to house No. 4 to the partition line between house No. 6 and House No. 4; thence in a westwardly direction along said partition wall and continuing in a straight line sixty (60) feet to the property of R. R. Heckman; thence in a southerly direction along the same, seventeen (17) feet Four (4) inches to a point at the intersection of the land of the Grantor and R. R. Heckman; thence in a eastwardly direction continuing in a straight line and along the said partition wall to the place of BEGINNING. TRACT NO. 2: BEGINNING at a point in the intersection of Hursh Avenue and Pennsylvania Avenue; thence in a northerly direction along Pennsylvania Avenue, 72 feet to the partition line between House No. 6 herein conveyed and House No. 4, now or late of C. Herman Fry and Ethel May Fry, his wife; thence in a westerly direction along said partition wall and continuing in a straight line 60 feet to the property of Andrew Oiler; thence in a southerly direction along the land of Andrew Oiler 72 feet to a point on Hursh Avenue; thence in an easterly direction 60 feet to the place of BEGINNING. BEING the same premises which DEEMER FRED NEGLEY, EXECUTOR OF THE ESTATE OF FRED LEE NEGLEY, DECEASED, by deed dated March 30, 1963 and recorded April 1, 1963 in the office of the Recorder in and for Cumberland County in Deed Book U20, Page 537, granted and conveyed to Floyd M. Hurley and Annie C. Hurley, his wife. AND the said Floyd M. Hurley departed this life on January 31, 1994 leaving title vested solely unto Annie C. Hurley by operation of law. Premises: 4 Pennsylvania Avenue, Newville, Pennsylvania 17241. TAX MAP PARCEL NUMBER: 28-21-0361-048A SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor at ?aa,??t,?? ! F -i:i j4 ?- i.# I ia~ n: 21)[2 APR 26 AN 6: 56 CUMBERLAND CQU 1 PENNSYLVANIA Metlife Home Loans, A Division of Metlife Bank, NA vs. Annie C. Hurley Case Number 2011-6535 SHERIFF'S RETURN OF SERVICE 01/03/2012 06:16 PM - Deputy Shawn Gutshall, 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 4 Pennsylvania Avenue, Newville, Cumberland County, PA 17241. 01/10/2012 10:45 AM - Deputy Ronald Hoover, 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 Deb Wilson (AIC)(Daughter), who accepted as "Adult Person in Charge" for Annie C. Hurley at 32 E. Ridge Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 03/26/2012 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, PAon March 7, 2012 at 10:00 AM. He solc the same for the sum of $50,000 to Attorney Terrence McCabe, on behalf of Federal National Mortgage Association. Federal National Mortgage Association of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution, paid to the Sheriff the sum of $6,854.54. SHERIFF COST: $3,118.18 SO ANSWERS, April 18, 2012 RONI?W R ANDERSON, SHERIFF ?.-?`S(v Lf? It 71/.???' Proposed Schedule of Distribution Date Posted - April 4, 2012 Writ No. 2011-6535 Civil Term MetLife Home Loans, A Division of MetLife Bank, N.A. VS Annie C. Hurley 4 Pennsylvania Avenue Newville, PA 17241 Sale Date: March 7, 2012 Bid Price: $50,000.00 Buyer: MetLife Home Loans, A Division of MetLife Bank, N.A. assigned to Federal National Mortgage Association 1900 Market Street, Suite 800, Philadelphia, PA 19103 Real Debt: Interest: Atty Paid: Tota 1: $56,942.68 $ 1,422.72 $ 193.50 $ 58,558.90 RECEIPTS: Received on November 28, 2011 (check 62124) Received on March 8, 2012 (check 3442) Received on March 20, 2012 (check 162036) Credit writ 2011-6535 Civil Term TOTAL RECEIPTS $ 1,500.00 $ 5,000.00 $ 354.54 $43,145.46 $50,000.00 DISTRIBUTION: Sheriff's Costs: William M. Witter, Borough of Newville Tax Collector Borough of Newville Refund of advance costs to Attorney Terrence McCabe Paid to Attorney Terrence McCabe Credit Writ No. 2011-6535 Civil Term Total Distribution: Balance So Answers Ronny R. Anderson ' Sheriff $ 3,118.18 $ 310.39 $ 25.00 $ 1,500.00 $ 1,900.97 $43,145.46 ($50,000.00) 0.00 SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale, Writ No. 2011-6535 Held March 7, 2012 EFFECTIVE DATE: March 7, 2012 PREMISES: 4 Pennsylvania Avenue (Tax Parcel No. 28-21-0361-04A), 2 Pennsylvania Avenue (Tax Parcel No. 28-21-0361-048B) and Pennsylvania Avenue (Tax Parcel No. 28-21-0361-048), Borough ofNewville, Cumberland County, Pennsylvania, (collectively the "Premises") RECITAL: Being the same Premises which C. Herman Fry and Ethel Mae Fry, husband and wife, by their deed dated February 24, 1962 and recorded February 27, 1962 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book "L", Volume 20, Page 258, granted and conveyed unto Floyd M. Hurley and Annie C. Hurley. Being the same Premises which Deemer Fred Negley, Executor of the Estate of Fred L. Negley, Deceased by his deed dated March 30, 1963 and recorded April 1, 1963 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book "U", Volume 20, Page 537, granted and conveyed unto Floyd M. Hurley and Annie C. Hurley, his wife. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. -2- 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2012. 20. Mortgage in the amount of $1.32,000.00 from Annie C. Hurley to MetLife Home Loans dated December 18, 2008 and recorded January 16, 2009 to Instrument No. 200901314. 21. Mortgage in the amount of $132,000.00 from Annie C. Hurley to the Secretary of Housing and Urban Development dated December 18, 2008 and recorded January 16, 2009 to Instrument No. 200901315. 22. Judgment against Annie C. Hurley in the amount of $56,942.68 entered in favor of MetLife Home Loans entered October 12, 2011 to No. 2011-6535. 23. Subject to the rights of ingress, egress and regress as noted in Deed Book "L", Volume 20, Page 258. 24. Subject to the easement of any partition walls. 25. Subject to the Grant Agreement recorded in Misc. Book 403, Page 599. 26. Subject to the Power of Attorney recorded at Instrument No. 200839477. 27. Subject to the rights of others in and to any portion of the Premises within or adjoining South Pennsylvania Avenue and Hursh Avenue. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By. 0-? Keith O. Brenneman -3- Writ No. 2011-6535 Civil Term MetLife Home Loans, a Division of MetLife Bank, N.A. VS. Annie C. Hurley Atty.: Terrence McCabe Purpart # 1: ALL that certain tract of land situ- ate in the South Ward of the Borough of Newville, County of Cumberland, State of Pennsylvania, bounded and described as follows, to-wit: BEGIN- NING at a point One Hundred One and Two-thirds feet (101 2/3) feet from the curb line at the intersection of Broad Street and Pennsylvania Avenue and the land of the Grantors; thence in a Southerly direction along South Pennsylvania Avenue Twenty- four (24) feet to corner of land of Fred Negley; thence along the lands of Fred Negley in a Westerly direction Seventy-two and one-half (72 1/2) feet to a point at the corner of lands of Raymond Heckman et ux; thence in a Northerly direction along the lands of Raymond Heckman, et ux Twenty four (24) feet to a corner of lands of Raymond Heckman, et ux and land this day conveyed to Edna Bolen; thence along the land this day conveyed to Edna Bolen in an Easterly direction Seventy-two and One-half (72 1/2) feet to the place of BEGINNING. BEING the same premises which C. HERMAN FRY AND ETHEL MAE FRY, HIS WIFE by deed dated Febru- ary 24, 1962 and recorded February 27, 1962 in the office of the Recorder in and for Cumberland County in Deed Book L20, Page 258, granted and conveyed to Floyd M. Hurley and Annie C. Hurley, his wife. AND the said Floyd M. Hurley de- parted this life on January 31, 1994 leaving title vested solely unto Annie C. Hurley by operation of law. Purpart #2: ALL THOSE TWO certain tracts of land situate in the South Ward of the Borough of Newville, County of Cumberland and State of Pennsylva- nia, more particularly bounded and described as follows: TRACT NO. 1: BEGINNING at a point on the South Pennsylvania Av- enue and the partition line of House No. 8 and House No. 6 herein con- veyed; thence in a northerly direction along South Pennsylvania Avenue, seventeen (17) feet four (4) inches to house No. 4 to the partition line between house No. 6 and House No. 4; thence in a westwardly direction along said partition wall and continu- ing in a straight line sixty (60) feet to the property of R. R. Heckman; thence in a southerly direction along the same, seventeen (17) feet Four (4) inches to a point at the intersection of the land of the Grantor and R. R. Heclunan; thence in a eastwardly direction continuing in a straight line and along the said partition wall to the place of BEGINNING. TRACT NO. 2: BEGINNING at a point in the intersection of Hursh Avenue and Pennsylvania Avenue; thence in a northerly direction along Pennsylvania Avenue, 72 feet to the partition line between House No. 6 herein conveyed and House No. 4, now or late of C. Herman Fry and Ethel May Fry, his wife; thence in a westerly direction along, said parti- tion wall and continuing in a straight line 60 feet to the property of Andrew Oiler; thence in a southerly direction along the land of Andrew Oiler 72 feet to a point on Hursh Avenue; thence in an easterly direction 60 feet to the place of BEGINNING. BEING the same premises which DEEMER FRED NEGLEY, EXECU- TOR OF THE ESTATE OF FRED LEE NEGLEY, DECEASED, by deed dated March 30, 1963 and recorded April 1, 1963 in the office of the Recorder in and for Cumberland County in Deed Book U20, Page 537, granted and conveyed to Floyd M. Hurley and Annie C. Hurley, his wife. AND the said Floyd M. Hurley departed this life on January 31, 1994 leaving title vested solely unto Annie C. Ht:irle_y by operation of law. Premises: 4 Pennsylvania Avenue, Newville, Pennsylvania 17241. TAX MAP PARCEL, NUMBER: 28-21-0361-048A. EXHIBIT A { r t ? MCCAIIE, 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 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 MetLife Home Loans, A Division of MetLife Bank, N.A. Plaintiff V. Annie C Hurley Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 11-6535 civil term 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: 4 Pennsylvania Avenue, Newville, Pennsylvania 17241, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Annie C Hurley 32 East Ridge Street Carlisle, Pennsylvania 17013 2. Name and address of Defendant in the judgment: Name Address Annie C Hurley 32 East Ridge Street Carlisle, Pennsylvania 17013 3. 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. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein The Secretary of Housing and Urban 451 Seventh Street, S. W. Development Washington, D.C. 20410 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 4 Pennsylvania Avenue Newville, Pennsylvania 17241 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 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance 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 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's 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 8. Name and address of Attorney of record: Name None 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. November 16, 2011 Andrew L. Markb*if DATE Attorney for Plaintiff LEGAL DESCRIPTION Purpart #1: ALL that certain tract of land situate in the South Ward of the Borough of Newville, County of Cumberland, State of Pennsylvania, bounded and described as follows, to-wit:- BEGINNING at a point One Hundred One and Two-thirds feet (101 2/3) feet from the curb line at the intersection of Broad Street and Pennsylvania Avenue and the land of the Grantors; thence in a Southerly direction along South Pennsylvania Avenue Twenty-four (24) feet to corner of land of Fred Negley; thence along the lands of Fred Negley in a Westerly direction Seventy-two and one-half (72 ''/z) feet to a point at the corner of lands of Raymond Heckman et ux; thence in a Northerly direction along the lands of Raymond Heckman, et ux Twenty four (24) feet to a corner of lands of Raymond Heckman, et ux and land this day conveyed to Edna Bolen; thence along the land this day conveyed to Edna Bolen in an Easterly direction Seventy-two and One-half (72 ''/z) feet to the place of BEGINNING. BEING the same premises which C. BERMAN FRY AND ETHEL MAE FRY, HIS WIFE by deed dated February 24, 1962 and recorded February 27, 1962 in the office of the Recorder in and for Cumberland County in Deed Book L20, Page 258, granted and conveyed to Floyd M. Hurley and Annie C. Hurley, his wife. AND the said Floyd M. Hurley departed this life on January 31, 1994 leaving title vested solely unto Annie C. Hurley by operation of law. Purpart #2: ALL THOSE TWO certain tracts of land situate in the South Ward of the Borough of Newville, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: TRACT NO. 1: BEGINNING at a point on the South Pennsylvania Avenue and the partition line of House No. 8 and House No. 6 herein conveyed; thence in a northerly direction along South Pennsylvania Avenue, seventeen (17) feet four (4) inches to house No. 4 to the partition line between house No. 6 and House No. 4; thence in a westwardly direction along said partition wall and continuing in a straight line sixty (60) feet to the property of R. R. Heckman; thence in a southerly direction along the same, seventeen (17) feet Four (4) inches to a point at the intersection of the land of the Grantor and R R. Heckman; thence in a eastwardly direction continuing in a straight line and along the said partition wall to the place of BEGINNING. TRACT NO. 2: BEGINNING at a point in the intersection of Hursh Avenue and Pennsylvania Avenue; thence in a northerly direction along Pennsylvania Avenue, 72 feet to the partition line between House No. 6 herein conveyed and House No. 4, now or late of C. Herman Fry and Ethel May Fry, his wife; thence in a westerly direction along said partition wall and continuing in a straight line 60 feet to the property of Andrew Oiler; thence in a southerly direction along the land of Andrew Oiler 72 feet to a point on Hursh Avenue; thence in an easterly direction 60 feet to the place of BEGINNING. BEING the same premises which DEEMER FRED NEGLEY, EXECUTOR OF THE ESTATE OF FRED LEE NEGLEY, DECEASED, by deed dated March 30, 1963 and recorded April 1, 1963 in the office of the Recorder in and for Cumberland County in Deed Book U20, Page 537, granted and conveyed to Floyd M. Hurley and Annie C. Hurley, his wife. AND the said Floyd M. Hurley departed this life on January 31, 1994 leaving title vested solely unto Annie C. Hurley by operation of law. Premises: 4 Pennsylvania Avenue, Newville, Pennsylvania 17241. TAX MAP PARCEL NUMBER: 28-21-0361-048A 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 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff CIVIL ACTION LAW MetLife Home Loans, A Division of MetLife Bank, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Annie C Hurley Number 11-6535 civil term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Annie C Hurley 32 East Ridge Street Carlisle, Pennsylvania 17013 Your house (real estate) at 4 Pennsylvania Avenue, Newville, Pennsylvania 17241 is scheduled to be sold at Sheriffs Sale on March 7, 2012 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 $56,942.68 obtained by MetLife Home Loans, A Division of MetLife Bank, N.A. 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: The sale will be canceled if you pay to MetLife Home Loans, A Division of MetLife Bank, N.A. 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. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION Purpart # 1: ALL that certain tract of land situate in the South Ward of the Borough of Newville, County of Cumberland, State of Pennsylvania, bounded and described as follows, to-wit:- BEGINNING at a point One Hundred One and Two-thirds feet (101 2/3) feet from the curb line at the intersection of Broad Street and Pennsylvania Avenue and the land of the Grantors; thence in a Southerly direction along South Pennsylvania Avenue Twenty-four (24) feet to corner of land of Fred Negley; thence along the lands of Fred Negley in a Westerly direction Seventy-two and one-half (72''/2) feet to a point at the corner of lands of Raymond Heckman et ux; thence in a Northerly direction along the lands of Raymond Heckman, et ux Twenty four (24) feet to a corner of lands of Raymond Heckman, et ux and land this day conveyed to Edna Bolen; thence along the land this day conveyed to Edna Bolen in an Easterly direction Seventy-two and One-half (72 '/z) feet to the place of BEGINNING. BEING the same premises which C. BERMAN FRY AND ETHEL MAE FRY, HIS WIFE by deed dated February 24, 1962 and recorded February 27, 1962 in the office of the Recorder in and for Cumberland County in Deed Book L20, Page 258, granted and conveyed to Floyd M. Hurley and Annie C. Hurley, his wife. AND the said Floyd M. Hurley departed this life on January 31, 1994 leaving title vested solely unto Annie C. Hurley by operation of law. Purpart #2: ALL THOSE TWO certain tracts of land situate in the South Ward of the Borough of Newville, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: TRACT NO. 1: BEGINNING at a point on the South Pennsylvania Avenue and the partition line of House No. 8 and House No. 6 herein conveyed; thence in a northerly direction along South Pennsylvania Avenue, seventeen (17) feet four (4) inches to house No. 4 to the partition line between house No. 6 and House No. 4; thence in a westwardly direction along said partition wall and continuing in a straight line sixty (60) feet to the property of R. R. Heckman; thence in a southerly direction along the same, seventeen (17) feet Four (4) inches to a point at the intersection of the land of the Grantor and R. R. Heckman; thence in a eastwardly direction continuing in a straight line and along the said partition wall to the place of BEGINNING. TRACT NO. 2: BEGINNING at a point in the intersection of Hursh Avenue and Pennsylvania Avenue; thence in a northerly direction along Pennsylvania Avenue, 72 feet to the partition line between House No. 6 herein conveyed and House No. 4, now or late of C. Herman Fry and Ethel May Fry, his wife; thence in a westerly direction along said partition wall and continuing in a straight line 60 feet to the property of Andrew Oiler; thence in a southerly direction along the land of Andrew Oiler 72 feet to a point on Hursh Avenue; thence in an easterly direction 60 feet to the place of BEGINNING. BEING the same premises which DEEMER FRED NEGLEY, EXECUTOR OF THE ESTATE OF FRED LEE NEGLEY, DECEASED, by deed dated March 30, 1963 and recorded April 1, 1963 in the office of the Recorder in and for Cumberland County in Deed Book U20, Page 537, granted and conveyed to Floyd M. Hurley and Annie C. Hurley, his wife. AND the said Floyd M. Hurley departed this life on January 31, 1994 leaving title vested solely unto Annie C. Hurley by operation of law. Premises: 4 Pennsylvania Avenue, Newville, Pennsylvania 17241. TAX MAP PARCEL NUMBER: 28-21-0361-048A WRIT OF EXECUTION and/or ATTACITNIFNT COMMONWEALTH OF PENNSYLVANIA) NO 11-6535 Civil COUNTY QF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. Plaintiff (s) From ANNIE C. HURLEY (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: $56,942.68 L.L.: $.50 Interest FROM 10/08/11 $1,422.72 AT $9.36 Atty's Comm: % Atty Paid: $193.50 Plaintiff Paid: Date: 11/23/11 (Seal) Due Prothy: $2.00 Other Costs: Deputy REQUESTING PARTY: Name: ANDREW L. MARKOWITZ, 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. 28009 TRUE COPY FROM RECORD In Testimony whereof, i here unto set my hand Z? and the sseajil of said Curt ax t Carlisle, otary This daY of -pro1?t) \-6w ,? o, . . P On November 28, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Newville Borough, Cumberland County, PA, Known and numbered as, 4 Pennslyvania Avenue, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date November 28, 2011 By: Real Estate Coordinator i tt .g V (7 al i 3'1- CUMBERLAND LAW JOURNAL Writ No. 2011-6535 Civil Term MetLife Home Loans, a Division of MetLife Bank, N.A. vs. Annie C. Hurley Atty.: Terrence McCabe Purpart # 1: ALL that certain tract of land situ- ate in the South Ward of the Borough of Newville, County of Cumberland, State of Pennsylvania, bounded and described as follows, to-wit: BEGIN- NING at a point One Hundred One and Two-thirds feet (101 2/3) feet from the curb line at the intersection of Broad Street and Pennsylvania Avenue and the land of the Grantors; thence in a Southerly direction along South Pennsylvania Avenue Twenty- four (24) feet to corner of land of Fred Negley; thence along the lands of Fred Negley in a Westerly direction Seventy-two and one-half (72 1/2) feet to a point at the corner of lands of Raymond Heckman et ux; thence in a Northerly direction along the lands of Raymond Heckman, et ux Twenty four (24) feet to a corner of lands of Raymond Heckman, et ux and land this day conveyed to Edna Bolen; thence along the land this day conveyed to Edna Bolen in an Easterly direction Seventy-two and One-half (72 1/2) feet to the place of BEGINNING. BEING the same premises which C. HERMAN FRY AND ETHEL MAE FRY, HIS WIFE by deed dated Febru- ary 24, 1962 and recorded February 27, 1962 in the office of the Recorder in and for Cumberland County in Deed Book L20, Page 258, granted and conveyed to Floyd M. Hurley and Annie C. Hurley, his wife. AND the said Floyd M. Hurley de- parted this life on January 31, 1994 leaving-title vested solely unto Annie C. Hurley by operation of law. Purpart #2: ALL THOSE TWO certain tracts of land situate in the South Ward of the Borough of Newville, County of Cumberland and State of Pennsylva- nia, more particularly bounded and described as follows: TRACT NO. 1: BEGINNING at a point on the South Pennsylvania Av- enue and the partition line of House No. 8 and House No. 6 herein con- veyed; thence in a northerly direction along South Pennsylvania Avenue, seventeen (17) feet four (4) inches to house No. 4 to the partition line between house No. 6 and House No. 4; thence in a westwardly direction along said partition wall and continu- ing in a straight line sixty (60) feet to the property of R. R. Heckman; thence in a southerly direction along the same, seventeen (17) feet Four (4) inches to a point at the intersection of the land of the Grantor and R. R. Heclunan; thence in a estwardly direction continuing in a straight line and along the said partition wall to the place of BEGINNING. TRACT NO. 2: BEGINNING at a point in the intersection of Hursh Avenue and Pennsylvania Avenue; thence in a northerly direction along Pennsylvania Avenue, 72 feet to the partition line between House No. 6 herein conveyed and House No. 4, now or late of C. Herman Fry and Ethel May Fry, his wife; thence in a westerly direction along said parti- tion wall and continuing in a straight line 60 feet to the property of Andrew Oiler; thence in a southerly direction along the land of Andrew Oiler 72 feet to a point on Hursh Avenue; thence in an easterly direction 60 feet to the place of BEGINNING. BEING the same premises which DEEMER FRED NEGLEY, EXECU- TOR OF THE ESTATE OF FRED LEE NEGLEY, DECEASED, by deed dated March 30, 1963 and recorded April 1, 1963 in the office of the Recorder 51 CUMBERLAND LAW JOURNAL in and for Cumberland County in Deed Book U20, Page 537, granted and conveyed to Floyd M. Hurley and Annie C. Hurley, his wife. AND the said Floyd M. Hurley departed this life on January 31, 1994 leaving title vested solely unto Annie C. Hurley by operation of law. Premises: 4 Pennsylvania Avenue, Newville, Pennsylvania 17241. TAX MAP PARCEL NUMBER: 28-21-0361-048A. 52 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: January 27, February 3, and February 10, 2012 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. r Marie Coyne, SV?RN TO AND SUBSCRIBED before me this 10 da of Februat 2012 Notary NOTARIAL SEAL ORAH A COLLINS Notary Public CCUMBERLAND COUNTY ion Expires Apr 28, 2014 e Orr Ward of ibe 13970??g' nr Newville, Connty of C umbcrland. G---tte of Pennsylvania, bounded and described as follows, to-wit: BEGINNING at a point One Hundred One and Two-thirds feet (1012/3) feet from the curb line at the intersection of Broad Street and Pennsylvania Avenue and the land of the Grantors; thence in a Southerly direction along South Pennsylvania Avenue Twenty- four (24) feet to corner of land of Fred Negley; thence along the lands of Fred Negley in a Westerly direction Seventy-two and one-half (721/2) feet to a point at the comer of lands of Raymond Heckman et ux; thence in a Northerly direction along ti:e lands of Raymond Heckman, et ux Twenty four (24) feet to a corner of lands of Raymond Heckman, et ux and land this day conveyed to Edna Bolen; thence along the land this day conveyed to Edna Bolen in an Easterly direction Seventy-two and One-half (721/2) feet to the place of BEGINNING. BEING the same premises which C. HERMAN FRY AND ETHEL MAE FRY, HIS WIFE by deed dated February 24, 1962 and recorded February 27, 1962 in the office of the Recorder in and for Cumberland County in Deed Book L20, Page 258, granted and conveyed to Floyd M. Hurley and Annie C. Hurley, his wife. ANWhe said Floyd M. Hurley departed this life on January 31, 1994 leaving title vested solely unto Annie C. Hurley by operation of law. Purpart #2: ALL THOSE TWO certain tracts of land situate in the South Ward of the Borough of Newville, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: TRACT NO. 1: BEGINNING at a point on the South Pennsylvania Avenue and the partition line of House No. 8 and House No. 6 herein conveyed; thence in a northerly direction along South Pennsylvania Avenue, seventeen (17) feet four (4) inches to house No. 4 to the partition line between house No. 6 and House No. 4; thence in a westwardly direction along said partition wall and continuing in a straight line sixty (60) feet to the property of R. R. Heckman; thence in a southerly direction along the same, seventeen (17) feet Four (4) inches to a point at the intersection of the land of the Grantor and R. R. Heclunan; thence in a eastwardly direction continuing in a straight line and along the said partition wall to the place of BEGINNING. TRACT NO. 2: BEGINNING at a point in the intersection of Hursh Avenue and Pennsylvania Avenue; thence in a northerly direction along Pennsylvania Avenue, 72 feet to the partition line between House No. 6 herein conveyed and House No. 4, now or late of C. Herman Fry and Ethel May Fry, his wife; thence in a westerly direction along said partition wall and continuing in a straight line 60 feet to the property of Andrew Oiler; thence in a southerly direction along the land of Andrew Oiler 72 feet to a point on Hursh Avenue; thence in an easterly direction 60 feet to the place of BEGINNING. BEING the same premises which DEEMER FRED NEGLEY, EXECUTOR OF THE ESTATE OF FRED LEE NEGLEY, DECEASED, by deed dated March 30,1963 and recorded April 1, 1963 in the office of the Recorder in and for Cumberland County in Deed Book U20, Page 537, granted and conveyed to Floyd 4. Hurley and Annie C. Hurley, his wife. AND the said Floyd M. Hurley departed this life on January 31, 1994 leaving title vested solely unto Annie C. Hurley by operation of law. ?r . 'The Patriot-News Co. 2020 Technolagy Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the Patr1*otwXtws 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 The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. r PUBLICATION COPY This ad ran on the date(s) shown below: 01127/12 02103/12 02/10/12 l , Sworn me his 24*y F?bruary, 2012 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Owens, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I 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 Assoc is the grantee the same having been sold to said grantee on the 7 day of March A.D., 2012, under and by virtue of a writ Execution issued on the 23 day of November, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 6535, at the suit of MetLife Home Loans against Annie C. Hurley is duly recorded as instrument Number 201212111. IN TESTIMONY WHEREOF, I have herpj;nto set my hand and seal of said office this o2t? day of of Deeds flecor om CWmof . Cumberland Counts, Carlyle, pA MY ission E?i?es the Frst Monday of Jan. 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 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 MetLife Home Loans, A Division of MetLife Bank, N.A. Plaintiff V. Annie C Hurley Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-6535 civil term CJ F rn. pj r? r . c. =t) _ PETITION TO REFORM SHERIFF'S DEED AND CONFIRM SHERIFF'S SALE Plaintiff, by its undersigned attorney, petitions this Court pursuant to Pa.R.C.P. 3135 for leave to reform the Sheriff's Deed which was recorded in connection with the mortgage foreclosure action filed in the above captioned case, and in support thereof avers the following: Plaintiff purchased the premises known as 4 Pennsylvania Avenue, Newville, PA 17241 at a Sheriff's Sale held March 7, 2012, by the Sheriff of Cumberland County. 2. After the Sheriff Sale of 4 Pennsylvania Avenue, Newville, PA 17241 , the Sheriff of Cumberland County, executed a Sheriff's Deed on April 2, 2012 conveying the premises to Plaintiff herein, which deed was recorded April 25, 2012. See copy of Sheriff's Deed attached as Exhibit "A". 3. Pennsylvania Rule of Civil Procedure 3135(b) provides in pertinent part that "if the sheriff ... has executed a defective deed ... the court upon petition of the purchaser ... may correct the return or deed or order that a new return or deed be executed." 4. Plaintiff is seeking a corrected Deed to include a section of the legal description included in prior deed of recorded Dated July 24, 1057 and Recorded in the Cumberland County Recorder of Deeds. See proposed legal description as Exhibit "B". 5. The correct parcel number, 28-21-0361-048A, has been included in Plaintiff's mortgage and foreclosure action, notice of sale and recorded sheriff s deed. 6. Prior Deeds of Record have erroneously omitted sections of the legal description referencing portions contained in parcel number. 7. Recently, this omitted section was also reassessed as a separate parcel number \ known as 28-21-0361-107. Plaintiff seeks to have the Sheriffs Deed reform to correct said legal description \ so parcel will be accurately described. 9. Plaintiff seeks to confirm the sheriffs sale on the full parcel, 28-21-0361-048A, including the section omitted in prior deeds of record and now reassessed in a separate parcel known as 28-21-0361-107. WHEREFORE, Plaintiff requests that the Sheriff's Deed be reformed so as to correct the legal description to include the full parcel, 28-21-0361-048A, including the section omitted in prior deeds of record and now reassessed in a separate parcel known as 28-21-0361- 107. C Stine L. Graham, Esq. VERIFICATION The undersigned, CHRISTINE GRAHAM, ESQUIRE, 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. ? ?? ?- (-?; 6 ? " - RISTINE L. GRAN 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 HEIDI R. SPIVAK, ESQUIRE - ID #74770 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 123 South Broad Street, Suite 2080 Attorneys for Plaintiff Philadelphia, Pennsylvania 19109 (215) 790-1010 MetLife Home Loans, A Division of MetLife Bank, N.A. COURT OF COMMON PLEAS Plaintiff V. Annie C Hurley Defendant CUMBERLAND COUNTY Number 11-6535 civil term MEMORANDUM OF LAW IN SUPPORT OF PETITION TO REFORM SHERIFF'S DEED Pursuant to Pa.R.C.P. 3135(b), "If the Sheriff has executed a defective deed, including the erroneous description of the real estate, the court upon petition of the purchaser or the purchaser's successors in title may correct the deed or order that a new deed be executed." Plaintiff purchased the premises known as 4 Pennsylvania Avenue, Newville, PA 17241 at a Sheriff's Sale held March 7, 2012, by the Sheriff of Cumberland County. Subsequent to the Sheriff Sale of 4 Pennsylvania Avenue, Newville, PA 17241 , the Sheriff of Cumberland County, executed a Sheriff's Deed on April 2, 2012 conveying the premises to Plaintiff herein, which deed was recorded April 25, 2012. See copy of Sheriff's Deed attached as Exhibit "A". Pennsylvania Rule of Civil Procedure 3135(b) provides in pertinent part that "if the sheriff ... has executed a defective deed ... the court upon petition of the purchaser ... may correct the return or deed or order that a new return or deed be executed." Plaintiff is seeking a corrected Deed to include a section of the legal description included in prior deed of recorded Dated July 24, 1057 and Recorded in the Cumberland County Recorder of Deeds. The correct parcel number, 28-21-0361-048A, has been included in Plaintiff's mortgage and foreclosure action, notice of sale and recorded sheriff's deed. However, the office of assessment has recently divided this section to be described under a separate parcel number, 28-21-0361-107. Prior Deeds of Record have erroneously omitted sections of the legal description referencing portions contained in parcel number as well as additional parcel number now associated with this section. Plaintiff seeks to have the Sheriff's Deed reform to correct said legal description so parcel will be accurately described. Plaintiff seeks to confirm the sheriff's sale on both parcels, including portion omitted in prior deeds of record. WHEREFORE, Plaintiff requests that the Sheriff's Deed be reformed so as to correct the legal description to include the full parcel, 28-21-0361-048A, including the section omitted in prior deeds of record and now reassessed in a separate parcel known as 28-21-0361- 107. Esqu Christine L. Graham, i e EXHIBIT "A" Pw e- Know all Men by these Presents Tax Parcel No. 28-21-0361-048A That I, Roimy R. Anderson, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $ 50,000.00 (Fifty Thousand Dollars) to me in hand paid, do hereby grant and convey to Federal National Mortgage Association Writ No. 2011-6535 Civil Term MetLife Home Loans, A Division of MetLife Bank, N.A. VS Annie C. Hurley Purpart ##1: - ALL that certain tract of land situate in the South Ward of the Borough of Newville, County of Cumberland, State of Pennsylvania, bounded and described as follows, to-wit: BEGINNING at a point One Hundred One and Two-thirds feet (1012/3) feet from the curb line at the intersection of Broad Street and Pennsylvania Avenue and the land of the Grantors; thence in a Southerly direction along South Pennsylvania Avenue Twenty-four (24) feet to corner of land of Fred. Negley; thence along the lands of Fred Negley in a Westerly direction Seventy-two and one-half (72 1/2) feet to a point at the corner of lands of Raymond Heckman et ux; thence in a Northerly direction along the lands of Raymond Heckman, et ux Twenty four (24) feet to a corner of lands of Raymond Heckman, et ux and land this day conveyed to Edna Bolen; thence along the land this day conveyed to Edna Bolen in an Easterly direction Seventy-two and One-half (72 1/2) feet to the place of BEGINNING. BEING the same premises which C. HERMAN FRY AND ETHEL MAE FRY, HIS WIFE by deed dated February 24, 1962 and recorded February 27, 1962 in the office of the Recorder in and for Cumberland County in Deed. Book L20, Page 258, granted and conveyed to Floyd M. Hurley and Annie C. Hurley, his wife. AND the said Floyd M. Hurley departed this life on January 31, 1994 leaving title vested solely unto Annie C. Hurley by operation of law. Purpart #2: ALI. THOSE TWO certain tracts of land situate in the South Ward of the Borough of Newville, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: TRACT NO. 1: BEGINNING at a point on the South Pennsylvania Avenue and the partition line of House No. 8 and House No. 6 herein conveyed; thence in a northerly direction along South Pennsylvania Avenue, seventeen (17) feet four (4) inches to house No. 4 to the partition line between house No. 6 and House No. 4; thence in a westwardly direction along said partition wall and continuing in a straight line sixty (60) feet to the property of R. R. Heckman; thence in a southerly direction along the same, seventeen (17) feet Four (4) inches to a point at the intersection of the land of the Grantor and R. R. Heclunan; thence in a eastwardly direction continuing in a straight line and along the said partition wall to the place of BEGINNING. TRACT NO. 2: BEGINNING at a point in the intersection of Hursh Avenue and Pennsylvania Avenue; thence in a northerly direction along Pennsylvania Avenue, 72 feet to the partition line between House No. 6 herein conveyed and House No. 4, now or late of C. Herman Fry and Ethel May Fry, his wife; thence in a westerly direction along said partition wall and continuing in a straight line 60 feet to the property of Andrew Oiler; thence in a southerly direction along the land of Andrew Oiler 72 feet to a point on Hursh Avenue; thence in an easterly direction 60 feet to the place of BEGINNING. BEING the same premises which DEEMER FRED NEGLEY, EXECUTOR OF THE ESTATE OF FRED LEE NEGLEY, DECEASED, by deed dated March 30, 1963 and recorded April 1, 1963 in the office of the Recorder in and for Cumberland County in Deed Book U20, Page 537, granted and conveyed to Floyd M. Hurley and Annie C. Hurley, his wife. AND the said Floyd M. Hurley departed this life on January 31, 1994 leaving title vested solely unto Annie C. Hurley by operation of law. Premises: 4 Pennsylvania Avenue, Newville, Pennsylvania 17241. TAX MAP PARCEL NUMBER: 28-21- 0361-048A The same having been sold by me to the said grantee on the 7th day of March Anno Domini Two Thousand and Twelve (2012) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 23rd of November Anno Domini 2011 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Eleven (2011) Number 6535 at the suit of MetLife Home Loans, A Division of MetLife Bank, N.A. VS Annie C. Hurley. In Witness Whereof, I have hereunto affixed my signature this 2nd day of April Anno Domini Two Thousand and Twelve (2012) ,lion R. Anderson, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, David D. Buell, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared Ronny R. Anderson, Sheriff of Cumberland. County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 2nd day of' April Anno Domini Two Thousand and Twelve (2012) tary Prothonotary, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2014 I hereby certify that the residence And Post Office address of the Within Grantee is 1.900 Market Street, Suite 800 Philadelphia, PA 19103 Richard W. Stewart Solicitor ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201212111 Recorded On 4/25/2012 At 1:00:41 PM * Instrument Type - DEED-SHERIFF'S Invoice Number - 106868 User ID - MSW * Grantor - HURLEY, ANNA C * Grantee - FEDERAL NATIONAL MTG ASSOC * Customer - SHERIFF * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 BIG SPRING SCHOOL $0.00 DISTRICT NEWVILLE BOROUGH $0.00 TOTAL PAID $63.00 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA oe ° RECORDER O D E S flso * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 1111111111111111111111111111 EXHIBIT "B" LEGAL DESCRIPTION Purpart #1: ALL that certain tract of land situate in the South Ward of the Borough of Newville, County of Cumberland, State of Pennsylvania, bounded and described as follows, to-wit:- BEGINNING at a point One Hundred One and Two-thirds feet (101 2/3) feet from the curb line at the intersection of Broad Street and Pennsylvania Avenue and the land of the Grantors; thence in a Southerly direction along South Pennsylvania Avenue Twenty-four (24) feet to corner of land of Fred Negley; thence along the lands of Fred Negley in a Westerly direction Seventy-two and one-half (72''/2) feet to a point at the corner of lands of Raymond Heckman et ux; thence in a Northerly direction along the lands of Raymond Heckman, et ux Twenty four (24) feet to a corner of lands of Raymond Heckman, et ux and land this day conveyed to Edna Bolen; thence along the land this day conveyed to Edna Bolen in an Easterly direction Seventy-two and One-half (72''/2) feet to the place of BEGINNING. Being the same property acquired by Floyd M. Hurley and Annie C. Hurley, by Deed recorded 02/27/1962, of record in Deed Book L20, Page 258, in the Office of the Recorder of Cumberland County, Pennsylvania. Being known as Tax Parcel #: 28-21-0361-048A AND Purpart #2 ALL THOSE TWO certain tracts of land situate in the South Ward of the Borough of Newville, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: TRACT NO. 1: BEGINNING at a point on the South Pennsylvania Avenue and the partition line of House No. 8 and House No. 6 herein conveyed; thence in a northerly direction along South Pennsylvania Avenue, seventeen (17) feet four (4) inches to house No. 4 to the partition line between house No. 6 and House No. 4; thence in a westwardly direction along said partition wall and continuing in a straight line sixty (60) feet to the property of R. R. Heckman; thence in a southerly direction along the same, seventeen (17) feet Four (4) inches to a point at the intersection of the land of the Grantor and R. R. Heckman; thence in a eastwardly direction continuing in a straight line and along the said partition wall to the place of BEGINNING. TRACT NO. 2: BEGINNING at a point in the intersection of Hursh Avenue and Pennsylvania Avenue; thence in a northerly direction along Pennsylvania Avenue, 72 feet to the partition line between House No. 6 herein conveyed and House No. 4, now or late of C. Herman Fry and Ethel May Fry, his wife; thence in a westerly direction along said partition wall and continuing in a straight line 60 feet to the property of Andrew Oiler; thence in a southerly direction along the land of Andrew Oiler 72 feet to a point on Hursh Avenue; thence in an easterly direction 60 feet to the place of BEGINNING. Being the same property acquired by Floyd M. Hurley and Annie C. Hurley, by Deed recorded 04/01/1963, of record in Deed Book U20, Page 537, in the Office of the Recorder of Cumberland County, Pennsylvania Being known as Tax Parcel #: 28-21-0361-048A AND LEGAL DESCRIPTION CONTINUED: Purpart #3; All that certain tract of land situate in the South Ward of the Borough of Newville, County of Cumberland, and State of Pennsylvania, formerly known as No. 2 Pennsylvania Avenue, bounded and described as follows, to wit: BEGINNING at a point eighty-eight and two-thirds (88 2/3) feet from the curb line at the intersection of Broad Street and Pennsylvania Avenue and the land of C. Herman Fry et us; thence in a Southerly direction along South Pennsylvania Avenue Thirteen (13) feet to alnd of Floyd A. Hurley et ux; thence along land of Floyd A. Hurley et us. In a Westerly direction Seventy-two and one-half (75''/2) fet to apoint at the corner of lands of Andrew Oiler; thence in a Northerly direction along the lands of Andrew Oiler Thirteen (13) feet to a corner of the lands of Andrew Oiler and land of Glen Hurley et us; thence along the land of Glen Hurley et ux and C. Herman Fry et us in an Easterly direction Seventy-two and one-half (72 'i2) feet to the place of BEGINNING. Begin the same tract of land which C. Herman Fry and Ethel Mae Fry, his wife by their deed dated July 19, 1956 and recorded in the Office for the recording of deeds in and for the County of Cumberland in Deed Book H., Volume 17, Page 432 conveyed to Edna M. Bolen. Being known as Tax Parcel #: 28-21-0361-107 Being known as 4 Pennsylvania Avenue, Newville, PA 17241 McCABE, WEISBERG & CONWAY, P.C. BY: Christine L. Graham, Esquire Attorney I.D. No. 309480 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 MetLife Home Loans, A Division of MetLife Bank, N.A. Plaintiff V. Annie C Hurley Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-6535 civil term CERTIFICATE OF SERVICE I, Christine L. Graham, Esquire, Attorney for Plaintiff, hereby certify that a true and correct copy of the foregoing Petition to Reform Sheriff's Deed and Confirm Sheriff's Sale was served on the following person(s) by United States mail, both certified and first-class, postage pre-paid, on May 23.2012. Annie C. Hurley Annie C. Hurley 4 Pennsylvania Avenue 32 E. Ridge Street Newville, Pennsylvania 17241 Carlisle, Pennsylvania 17013 Date: May 23, 2012 Christine L. Graham, Esqui e 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 HEIDI R. SPIVAK, ESQUIRE - ID #74770 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 MetLife Home Loans, A Division of MetLife Bank, N.A. Plaintiff V. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-6535 civil term Annie C Hurley Tj --*+ Defendant m r_ ORDER PI-Dayof AND NOW, this ?y q L , 2012, upon consideration o€_ c_r! f .? Plaintiff s Petition to Reform Sheriff's Deed, and confirm sheriff's sale, Plaintiff's Petition is hereby GRANTED and the Sheriff s Deed shall be reformed to recite the full legal description as follows: LEGAL DESCRIPTION Purpart #1: ALL that certain tract of land situate in the South Ward of the Borough of Newville, County of Cumberland, State of Pennsylvania, bounded and described as follows, to-wit:- BEGINNING at a point One Hundred One and Two-thirds feet (101 2/3) feet from the curb line at the intersection of Broad Street and Pennsylvania Avenue and the land of the Grantors; thence in a Southerly direction along South Pennsylvania Avenue Twenty-four (24) feet to corner of land of Fred Negley; thence along the lands of Fred Negley in a Westerly direction Seventy-two and one-half (72 %2) feet to a point at the corner of lands of Raymond Heckman et ux; thence in a Northerly direction along the lands of Raymond Heckman, et ux Twenty four (24) feet to a corner of lands of Raymond Heckman, et ux and land this day conveyed to Edna Bolen; thence along the land this day conveyed to Edna Bolen in an Easterly direction Seventy-two and One-half (72''/2) feet to the place of BEGINNING. Being the same property acquired by Floyd M. Hurley and Annie C. Hurley, by Deed recorded 02/27/1962, of record in Deed Book L20, Page 258, in the Office of the Recorder of Cumberland County, Pennsylvania. Being known as Tax Parcel #: 28-21-0361-048A AND Purpart #2 ALL THOSE TWO certain tracts of land situate in the South Ward of the Borough of Newville, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: TRACT NO. 1: BEGINNING at a point on the South Pennsylvania Avenue and the partition line of House No. 8 and House No. 6 herein conveyed; thence in a northerly direction along South Pennsylvania Avenue, seventeen (17) feet four (4) inches to house No. 4 to the partition line between house No. 6 and House No. 4; thence in a westwardly direction along said partition wall and continuing in a straight line sixty (60) feet to the property of R. R. Heckman; thence in a southerly direction along the same, seventeen (17) feet Four (4) inches to a point at the intersection of the land of the Grantor and R. R. Heckman; thence in a eastwardly direction continuing in a straight line and along the said partition wall to the place of BEGINNING. TRACT NO. 2: BEGINNING at a point in the intersection of Hursh Avenue and Pennsylvania Avenue; thence in a northerly direction along Pennsylvania Avenue, 72 feet to the partition line between House No. 6 herein conveyed and House No. 4, now or late of C. Herman Fry and Ethel May Fry, his wife; thence in a westerly direction along said partition wall and continuing in a straight line 60 feet to the property of Andrew Oiler; thence in a southerly direction along the land of Andrew Oiler 72 feet to a point on Hursh Avenue; thence in an easterly direction 60 feet to the place of BEGINNING. Being the same property acquired by Floyd M. Hurley and Annie C. Hurley, by Deed recorded 04/01/1963, of record in Deed Book U20, Page 537, in the Office of the Recorder of Cumberland County, Pennsylvania Being known as Tax Parcel #: 28-21-0361-048A AND Purpart #3; All that certain tract of land situate in the South Ward of the Borough of Newville, County of Cumberland, and State of Pennsylvania, formerly known as No. 2 Pennsylvania Avenue, bounded and described as follows, to wit: LEGAL DESCRIPTION CONTINUED: BEGINNING at a point eighty-eight and two-thirds (88 2/3) feet from the curb line at the intersection of Broad Street and Pennsylvania Avenue and the land of C. Herman Fry et us; thence in a Southerly direction along South Pennsylvania Avenue Thirteen (13) feet to alnd of Floyd A. Hurley et ux; thence along land of Floyd A. Hurley et us. In a Westerly direction Seventy-two and one-half (75 '/2) fet to apoint at the corner of lands of Andrew Oiler; thence in a Northerly direction along the lands of Andrew Oiler Thirteen (13) feet to a corner of the lands of Andrew Oiler and land of Glen Hurley et us; thence along the land of Glen Hurley et ux and C. Herman Fry et us in an Easterly direction Seventy-two and one-half (72 '/2) feet to the place of BEGINNING. Begin the same tract of land which C. Herman Fry and Ethel Mae Fry, his wife by their deed dated July 19, 1956 and recorded in the Office for the recording of deeds in and for the County of Cumberland in Deed Book H., Volume 17, Page 432 conveyed to Edna M. Bolen. Being known as Tax Parcel #: 28-21-0361-107 Being known as 4 Pennsylvania Avenue, Newville, PA 17241 AND Sheriff's sale is CONFIRMED on full parcel number 28-21-0361-048A and 28-21-0361- 107 being known as 4 Pennsylvania Avenue, Newville, PA. A ii; P llu,-(e7 ?A*L7. ?Ap'es rxQ ,lc? ?l.S?i? 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 Assoc is the grantee the same having been sold to said grantee on the 7 day of March A.D., 2012, under and by virtue of a writ Execution issued on the 23 day of November, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 6535, at the suit of Metlife Home Loans against Annie C. Hurley is duly recorded as Instrument Number 201221045. V71 ?,. co Z. ? Y' _.., IN TESTIMONY WHEREOF, I have hereunto set my hand - COW and 1 of said office this day of A.D. ?D l 't, Z of 0 &eJ` ewraer of Deepk Cumberland Count', Ay Commiss' 'res the Fast Moran PA 2014