HomeMy WebLinkAbout05-5711THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein / LD. No. 53002
Kristen D. Little / I.D. No. 79992
File Na.05-119/8
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215)653-7450
Attorneys for Plaintiff
THE BANK OF NEW YORK, AS
TRUSTEE. FOR THE HOLDERS OF THE
EQCC ASSET BACKED CERTIFICATES,
SERIES 2001-1F,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. O S - ~'f/~
v.
JACOB T. HODGE AND
DOLORES G. HODGE,
Defendants.
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CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU W[SH TO DEFEND
AGAINST THE CLAMS SET FORTH M THE FOLLOWING PAGES,
YOU MUSTTAKE ACTION WITHIN TWENTY(20)DAYS AFTERTHIS
COMPLAA]"f ANDNOTICEARE SERVED, BY ENTERING A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN
WRITING WITH THE COUAT YOURDEFENSES OA OBJECTIONS TO
THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNEDTHAT
IF YOU FAIL i0 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 RELHIF
REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR
PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
NOTTCIA
LE HAN DEMANDADO A USTED EN LA CORTE. Sl USTED QUBiRE
DEFENDERSEDE ESTAS DEMANDAS EXPUESTAS ENLASPAGINAS
SIGUIENTES, USTED TINE (20) DIAS DE PLAZO A PARTB2 DE LA
FECHA DE L4 DEMANDA Y LA NOTIFICACION. USTED DEBE
PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR
ABOGADO Y ARCHNAR EN LA CORTE SUS DEFENSAS O SUS
OBIECIONESALAS DEMANDAS ENCONTRADE SU PERSONA.SEA
AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA
MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN
PREVIO AVISO O NOTIFICACION O POR CUALQ[ER QUEJA O
ALMO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED
PUEDE PERDER DINERQ,SUS PROPIEDADESOOTROSDERECHOS
IMPORTANTES PARR USTED.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.H'
YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIAINGA LAWYER. IFYOU CANNOT
AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO
PROVR)EYOU WITHINFORMATION ABOUTAGENCIES THATMAY
OFFER LEGAL SERVICES TO ELIGHiLE PERSONS AT A REDUCED
FEE OR NO FEE.
Lawyer Refenal Service (717)249-3166
Cumberland Comty Bar Association (800) 990-9108
32 South Bedford Street
Carlisle, P A 17013
LLEVE ESTA DEMANDA A UN ABOGADO MMEDIATAMENTE. SI
NO TIENE ABOGADOO SI NO TIENE ELDINERO SUFICIENTE PARR
PAGAR TAL SERVICIQ, VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARR AVERIGUAR DONDE USTED PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Lawyer Referral Service (717) 249-3166
Cumberland County Bar Association (800) 990-9108
32 South Bedford Slreet
Carlisle, P A 17013
NOTICE REQUIRED UNDER THE FAIR
DEBT COLLECTION PRACTICES ACT,
15 U.S.C. § 1601 (AS AMENDED) AND
THE PENNSYLVANIA UNFAIR TRADE PRACTICES
ACT AND CONSUMER PROTECTION LAW,
73 PA. CON. STAT. ANN. § 201, ET SEQ. ("THE ACTS")
To the extent the Acts may apply, please be advised of the following:
1. The amount of the original debt is stated in the Complaint attached hereto.
2. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are
Creditors to whom the debt is owed.
3. The debt described in the Complaint attached hereto and evidenced by the copies of the
mortgage and note will be assumed to be valid by the Creditor's law firm, unless the
Debtors/Mortgagors, within thirty days after receipt of this notice, dispute, in writing, the
validity of the debt or some portion thereof.
4. If the Debtors/Mortgagors notify the Creditor's law firm in writing within thirty days of the
receipt of this notice that the debtor any portion thereof is disputed, the Creditor's law firm
will obtain verification of the debt and a copy of the verification will be mailed to the Debtor
by the Creditor's law firm.
If the Creditor who is named as Plaintiff in the attached Complaint is not the original
Creditor, and iftheDebtor/Mortgagor makes written request to the Creditor's law firm within
thirty days from the receipt of this notice, the name and address of the original Creditor will
be mailed to the Debtor by the Creditor's law firm.
Written request should be addressed to:
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Attention: Kristen D. Little, Esquire
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
*THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT
AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE
(a) The Plaintiff, The Bank ofNew York, as Trustee for the Holders ofthe EQCC
Asset Backed Certificates, Series 2001-1F, is the holder of a mortgage as below described.
(b) Select Portfolio Servicing Inc., is a corporation having been organized under
the laws of the State of Utah and having its principal place ofbusiness at 3815 South West Temple,
Salt Lake City, UT 84115.
(c) Select Portfolio Servicing Inc. is the loan servicing agent for Plaintiff,
maintaining the business records for the Plaintiff/ Mortgagee in the ordinary course and scope of
business.
2. (a) Defendant Jacob T. Hodge is an individual whose last known address is 849
W. Louther Street, Carlisle PA 17013.
(b) Defendant Dolores G. Hodge is an individual whose lastknown address is 849
W. Louther Street, Carlisle, PA 17013.
(c) Defendant Jacob T. Hodge holds an interest in the subject property as both
a Real Owner and Mortgagor.
(d) Defendant Dolores G. Hodge holds an interest in the subject property as both
a Real Owner and Mortgagor.
(e) If either of the above named Defendants aze deceased, this action shall
proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal
representatives and/or executors through their estate whether the estate is probated.
3. (a) The residential mortgage being foreclosed upon is secured by property
located at 849 W. Louther Street, within the Township of North Middleton, Cumberland County,
Pennsylvania.
(b) All documents evidencing the residential mortgage have been recorded in the
Recorder of Deeds' Office in Cumberland County, Pennsylvania.
(c) The Mortgage was executed on May 26, 2000 and was recorded on May 31,
2000 in Mortgage Book 1615, at Page 198.
(d) The legal description for this parcel is attached and incorporated as Exhibit
"A" (Mortgaged Premises).
(e) The herein named Plaintiff has standing to bring the instant action by virtue
of Assignments of Mortgage, duly and publicly recorded as below:
Assignor: Decision One Mortgage company LLC
Assignee: Equicredit Corporation of America
Recording Date: October 25, 2000
(Assignment) Book: 658
At Page: 360
Assignor: Equicredit Corporation of America
Assignee: The Bank of New York, as Trustee for the Holders of the EQCC
Asset Backed Certificates, Series 2001-1F
Recording Date: As Recorded
(Assignment) Book: As Recorded
At Page: As Recorded
(f) By virtue of Pennsvlvania Rules of Civil Procedure Rule 1147 (1) and
1019(g), and on the basis of environmental responsibility, Plaintiff is not obliged to append copies
of the above mentioned publicly recorded documents to this mortgage foreclosure action. These
documents are, however, appended hereto and incorporated herein by reference as Exhibit "B".
4. The mortgage is in default because the Defendants above named failed to timely
tender the monthly payment of $813.77 on June 1, 2004, and thereafter failed to make the monthly
payments.
5. As authorized under the mortgage instrument, the loan obligation has been
accelerated.
6. Plaintiff seeks entry of judgment in rem on the following sums:
(a) Principal balance of mortgage due and owing $77,090.08
(b) Interest due and owing at the rate of 10.99% 12,965.91
calculated from the default date above stated
through November 15, 2005
Interest will continue to accrue at the per diem
rate of $22.99 through the date on which judgment
in rem is entered in Plaintiffs favor.
(c) Late Chazges due and owing under the Note 674.46
in accordance with the Mortgage Instrument
(d) Escrow Advances made by Plaintiff Mortgagee on 2,051.73
behalf of Defendant mortgage account
(e) Recoverable balance expense under the mortgage terms 20.70
(f) Court Costs and fees as recoverable
under the mortgage terms, estimated 300.00
(g) Attorneys' fees 3,854.50
Calculated as 5% of the principal balance due,
in accordance with the mortgage terms
TOTAL INREMJUDGMENT SOUGHT BY PLAINTIFF $96,957.38
(a) The attorneys' fees set forth as recoverable at Pazagaph 6(g) are in conformity
with Pennsylvania law and the terms of the mortgage, and will be collected in the event of a third-
party purchaser at a Sheriffs Sale only.
(b) If the mortgage arrears are to be reinstated or paid-off prior to the Sheriffs
Sale, Plaintiffs actual attorneys' fees (calculated at counsel's hourly rate) will be charged based upon
work actually performed.
8. (a) The original principal balance of the Mortgage is more than Fifty Thousand
($50,000.00) Dollazs.
(b) Under ACT 6, 41 P.S. §101, et seq., Plaintiff Mortgagee is not obliged to
serve Notice of its Intention to Accelerate the Mortgage by certified mailing prior to its instituting
foreclosure proceedings.
9. (a) The subject mortgage is governed by ACT 91 of 1983 35 P.S. § 1840.401 C,
et seq..
(b) Under Pennsylvania's ACT 91, PlaintiffMortgagee is obligated to serve the
Defendants with notice of their rights under the "Homeowners Emergency Mortgage Assistance
Progam", by regular mailing, prior to initiating foreclosure proceedings.
(c) Appended hereto and incorporated herein by reference as Exhibit "C" aze
copies of the Notices required, having been sent on the date set forth on the Notice.
(d) The Defendants have failed to make a timely application for financial
assistance with the Pennsylvania Housing Finance Agency.
WHEREFORE, the Plaintiff, The Bank of New York, as Trustee For the Holders of
the EQCC Asset Backed Certificates, Series 2001-1F, demands:
-- Entry of judgment in rem against the Defendants above named in the total
amount of $96,957.38 as stated Paragraph 6, plus all additional interest and
late charges accruing through date of judgment entry; and
-- Foreclosure and Sheriffs Sale of the subject mortgaged property.
Respectfully Submitted,
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
~~~~y~~ i
BY: ~ll1l.L.l.c=~.
Barbara A. Fein, Esquire
Attorney for Plaintiff
Attorney LD. No. 530021
ALL THAT CERTAIN piece or parcel of land with the improvements thereon erected situate in
North Middleton Township, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING at a spike in the center of West Louther Street extended; thence by land now or
formerly of Frank A. Burr, et ux, North 18 degrees 46 minutes East, a distance of 363.8 feet,
more or less, to the corner of Lot No. 3 of the "William Fraker Lots on West North Street",
which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Plan Book 6, Page 9; thence by Lots Nos. 3 and 4 of said Plan, South 79
degrees East, a distance of 82.7 feet to a point on line of lands now or formerly of Nedwell
Anderson, et ux; thence by said Anderson lands South 18 degrees 46 minutes West, a
distance of 363.8 feet, more or less, to a spike in the center of West Louther Street extended;
thence by the center of West Louther Street extended, North 70 degrees 34 minutes West, a
distance of 85.9 feet to the place of beginning and being improved with a 2 story frame
dwelling house and detached garage known as 849 W. Louther Street, Carlisle, Pennsylvania.
Tax Parcel #296-20-1794-003
' EXHIBIT
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a~Y oesc Rec\ a°PY °~ \re .
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\1'hen Recorded Mail To:
Uccisinn One Mnngage Company, LLC
6060 J.A. Jones Drire, Suim 1000
Charluuc. North Carolina ?8287
twoarll ~ Isll I I I II IIII II II Illaa
(Spate Above This Line For Reconling Dmal
MORTGAGE Loan Number 2030-000.15)17-OS6
Tt115 hIORTGAGE ('Security Instrununs") is given on MAV 26, 20D0. The mortgagor is JACOB T. HODCE and
UOI.ORF.S G. IIODGE ("Borrower"). This Security Inslrumcnl is given la Decision Ont Mortgage Company, LLC, which is
oreanircd and existing under she laws of NORTH CAROLINA, and whose address is d000 J.A. JONES DRIVE, SUITE
11i11U, CIIAHI.OTTE, NOR'f1I CAROLINA 28287 ('Lender'). Borrower owes Lender the principal sum of
SE\'E\"1'1'-EICIi'f THOUSAND SEYEN HUNDNED FIFTY AND 00/IOOSha Dollars (U.5.57tl,750.0g). This debt is
n~idented by Borrower's nom Based the same dale as this Securhy Inasrornem ("Note'), which provides for momhly payments,
with the I'ulI dohs, if nos paid rulietS due and payable on JUNE 1, 2030. This Security Inatrament secures sa Lender. (a) the
rcp:0•nnm of Ihr debt evidenced by she Nae, with interest. and all rrnewala. exlemiona and modifications of the Nme; (b) tha
p:rynuvm of all uthrr soma, with Interest, advanced under paragraph 7 to protect she ucurity of this Eecurlp• Inarvment: and (c)
the pcrlnrnunce ul' Borrowei f covenants and agreements uMor shit Security Instrumrnt and the Note. For skis purpose,
Rurmn•er does hereby mortgage, gram and convey to Lender the following deuribed prtspeny Iocaud in CUMBERhAND
County. Pnmsylvania:
STai Al'R\CIIED SCHEDULE "A"
Tux 1'orcel IAcnlificolinn Number. 29-20-179)-003
which bas 16e addass of BJ9 W. I,OII'f11ER STREET .CARLISLE
Is,rml I[:,~rl
Pamsplv:mia 17UU ('Pmpcny AdArcu');
1%a+Cwrrl
I'IiNi\Sl'L\'ANIA Single FantilyFunnic Mac/FndAie Mat UNIFORM INSTRUMENT
GaIU nldu t 1197)
EXHIBIT
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Farm 3079 9190 gngr 1 n/6 pnsrrl
'fnGlifllGit \YI'1'Il all she impttnrnss now or hercafmr rrccseJ ms Ole pmprnid all easclnrnss, appunm:mcrs, and
fismres now or hrrralicr a pan of she properly. All rcyl8ttments antl eddilidns shall also be covereJ by This Securisy Innrumcm.
All ul Jm iorcgoing is rel'errcJ m in This Securisy Instmment as the "Properly.'
BOI:hUW ItN COVGNAN)'S IIIa1 Borrower is lawl'uliy salad of shr estate hereby conveyed and has Usc right w mortgage,
cram anJ ronvey U¢ Propssy and Ihal the Property is unencumbered, rzeepl 1'or encumhrunres ol'rccnrd. Borrower xartmus
aoA wilt deternf grneral)y she side w shr Pnspcny against all claims and demands, subject to any encumbrances ul' uord.
TIIIS 58CURITY INSI'RUNENT comhiucs uniform covenams Cot national use nsd nomunil'orsn ca•cnmts wish IimimJ
vari:ninns by jurisdiction so ronstimm a uniform security insaumens covering real properly.
UNIFOItA1 COVENANTS, Borrower antl Ixndrr enveNN antl agree as f011ows:
I. 1'u)'menl of Printipal and Inlslst; 1•rcpuyment end halt Chorges. Bormwer shall prompsly pay wlsrn due dse principal
nl arts imcres tin she dabs rvidrnrcd b)• Ihr Nolr and any prepayment anJ lest charges due under Ihr Nose.
?. Funds 1'ur'1'uzes and Insurance. Subject so applicable law or to a wriucn waiver by Lender, Borrower shall pay so Lender
nn the d:ry monthly payments arc due under she Nnse, until the Nose is paid in fulh a sum ('Funds") Cor: (a) yearly taxes and
assessnsems which may attain prioriry over This Securisy Inslmmenl az a lien on she Properly; (b) yearly leasehold payments or
gounJ rcna tin Ihr Properly, il' any: (c) yearly hoard or properly insurance premiums; (d) yearly Bond insurance pmmlums, if
any', tt) yearly mortgage insurance prcnsiunu, if any; and (1) any sums payable by Borrower to Lender, in accordance wish the
provisions of paragraph 8, in lira of the payment of mortgage insurance premiuns. These Trams are called "Escrow hems.'
Lnsdcr m:q•, many lime, rolled and hold Funds in an amoum nos so exceed she maximum amoum a under for a federally
rclateJ nunlgage loan may rrquin tar Borrower's escrow accoum under she federal Rral Esum Senlemm[ Procedures Acs of
19N as :mscndrd from since so jinx, 12 U.B.C. S 2601 er req. ("RESPA'), unseal another law Ihas applies so she Funds less a
lesser amount. It so. Lendtr may, al any lime, collect and hold Funds in an amount nos to excud the leaser amount. Lender may
essimme tlm nnmunt of Funds due nn the basis of"current data and reasonable estimates of ezpendimms of 1'ulun Escrow Items or
otherwise in acrarJantt wish applicable law,
The Funds shall be held in an instimtian whose deposits arc insured by a federal agency, inssmmemality, or emiry (irrcluJing
L~mdcr, it Lender is such an institmion) or in any Federal Home Loan Bank. Lender shall apply the Funds a pay sbr Esamv
hems. Lnuter may not charge Bnrrowrr for holding and applying she Funds, annually analyzing she Escrow aceoum, or
crrii)ing shr Fscrow firms, unless Lender pays Borrower imeress on the Funds and applirablr law premiss Lrndrr to make such
a ah:~r•c. Ilown•cr, Lxmlrr may require Bortowrr so pay a onr~time charge tar an indrprndem real alum sax reporting service
useJ by LcnJcr in connection wish this loan, unless applicable law provides otherwise. Unless an agrremem is made or
applicahic I:nr n:yuins innresl m be pail, Lrntler shall not be required Iv pay Borrows any interest or earnings on fin Funds.
Ilnnusvcr and Lender nsay agree in writing, bowevrr, shat intaresl shall br paid on Ihr Funtls. lxnJer shall give to Borrower.
o•ithuw charge. an annual accoumin`g ol'tbc Funds, showing credits and debits so shr Funds and the purpose 1'or which Each debit
w Ua fwxis was nardc. Tlsr Funds mr pledged as additional secursry for all sums secured by this Becurity Inssrumrns.
II" dre Funds hull by Ltndcr czttcd the amounts pcrmiued so be held by applicable law, Lender shall account so Borrower I'or
shr caress Funtls in acrordantt wish the requirclnems of applicable law. If the amount of the Funds held by Lender m any lime
is nut sulliricm w pay she Escrow hems when due. Lcndrr rruy so notify Borrows in writing, and, in such case Borrower shall
pay m LasMr shr amoum nrecssap• to makeup shr delieicncy. Borrower shall nsake up the tlefieirncy in nn more than twelve
numddy paynxms, as lxuder's sole discretion.
Upon paymrns in full of all sums secured by shin Securisy Inssromen4 Lender shall promptly refund so 8orroxer any Funds
hell by LenJrr. If, under paragraph 21, lsndrr shall acquire or sell the Property, Landes, prior so the acquisition or sale o(shc
1'nlperry, shall apply any Funds held by Lender aI she time of acquisition ar sale as a crcJil againn the sutra secured by this
Seeuriry~ Insrumenl.
1. Applicmion of Yaymrnls. Unless applicable law provides otherwise, ail payment received by Under under paragraphs 1
anJ ?shall be applied: first, ro any prepayment charges due under Else Note; second, Io amounts payablr unJCt paragrapls 2;
d+irJ, m imcress Juc; fourth, m principal due; and last, to any last charges due under the Nose.
a. ChargK; I.irns. Borrower shall pay all lairs, useasmenrs, charges, fines and impositions altributabie Io the Properly
which miry a0ain priority over shit Security Inzwment, and leasehold payments or ground tents, iC any. 8ortawer shall pay
these obligations in d¢ manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on lime directly
ul the person owed payment. Borrower shall promptly furnish Io Lrndrr all notices of amounts so be paid under this paragraph.
II Oormwcr makes these payments Jircrsly. Bottovm steal) promptly famish to Lender nttspss evidencing the paymma.
Borrower shall prompsly discharge any lien which has priority over this Security Inslrumrm unless Bovower. (a) agrees in
writing to the paynttnt of Ihr abligasion srcumJ by Ihr lien in a manner acu'epuble so Lmtler; (b) comeus in good faith shr lien
hy, or adends against enlorcerntm of Ihr lion in, legal pra:crdings which in she Lender's opinion operarc so prevem the
unforccmau of the lien: nr (c) secures from Ihr holder of Ihr lien an agrcem:ns satisfactory Io Lrndrr subordinating she lien so
Ihis Security Instrument. If Lender determines shn any pan of stet Properly is subject so a lien which may attain prioriry over
Ihis Security Instrument, Lender may give Borrower a nosier identifying she lien. Borrower shall satisfy the lien or lake one or
man nt shr actions sal fnnh above within 10 days of she giving of notice.
f MU 0750 O 19l) Fonn 30]9 9/9d (page ? oJ'6 pngrs)
~ ~
5. Iluanl or Properly Insnronee. Borrower shall keep the improvsnrnts now existing or hcrcnlier erected nn the Properly
insurcJ againn loss by fire, hazards includnl within the term "extenJCd coverage" and any other hazards, including floods or
Ib+oding, lirt n•hich Lender requires insurance. This insurance shall be nuinlained in the anwwns and (or the periods Ibm Lender
requires. 'ILe insurance carrier providing the insurance shall he chosen by Borrower subjttl so Lender's approval which shall not
6r unrcawnahly widsheld. If Borrower fails to maintain coverage dewrihsd ahovu, I<ndrr may, al Lender's option, obtain
coverage m promx Lender's rights in the Property in accordance with paragraph 7. ,
All inxtrmcc policies and renewals stall he acttpsable w Lender and shall include a standard mortgage clause. Lender shall
h:ne the riglu to hold the policies and renewals. If Lender requires, borrower shall prmnpsly give to Lcndrr all rtteipts of paid
premiums and renewal nmicrs. In the event of loss, Borrower shall give pmmpl notice so the insuranm carrier msd LenJrr.
LcnJer nary make proof of loss il' not merle promptly by Borrower.
Llnlr>s LenJcr sod 6urmw•er nlhClw'Iar agree in writing, insurance proceeds shall he applied m rcnoration or repair of the
Prnprny Jmnagcd, if the ressormiun or repair is economically tensible end Lender's security is ram Iswnrd. 1f Iht restoration or
repair is ram economically feasible or Lender's security would br lessened, dm insurance proceeds shall br applied to the sums
sreureJ he this Ssxurily Inslrumrnl, whether or not then due, with arty excess paid m Borrower. II' Borrows abandons she
1'wpeny, ur does not answer within 30 days a notice from Lends that the insurance carrier has olfercd to ssde a claim, then
LcnJer may colim Ihr insurance proceeds. Lender may use the proceeds to mpair or rcswn: she Pmpeny or to pay awns secure)
I+p thw Sn'urip• htssrumnn, whnher nr nos then due. Tse 30-day period will begin when the notice is given.
lhdcss Lamder and 6orrawxr I11IICfwI[C agree in writing, any application of proceeds w principal shall not extend or
postpone the Jur dam el the mumhly paymm~ts referred to in paragraphs I and 2 or change the amoum of the Daymems. If under
p:ua_nph ? I the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds rrsuhing from damage
w ihr I'ropeny prior to the acquisition shall pass to U:ndrr to the extern of Ihr sums wwred by Ihis Security Insvumem
immnliately prior m the acquisition.
G. Orxupnncy, Pracenvtion, \luinsenunm and 1'rnleclion of the Properly; Borrouxr's Loan Application; Lcuss9solds.
Burrows shall occupy. establish, and use the Prnprny as Borrower's principal residence within sizry Jays a0cr the rxecmion of
shis Sccuriry~ Instrunem and shall continue to occupy the Prnprny as Borrower's principal residence for at Iran one year aher
the Jam of nmupancy, unless Lender otherwise agues in writing, which rgnsrm shall not be unreawnably withhd0. or unless
rsnnualing circumstances exits which are beyond Borrower's comrol. Borrower shall not destroy, danwgc or impair the
Pr,prny, :mow the Pmpeny to deteriorate, or commit wasm on the Property. Borrower shall be in dcl'auh if any forleimre
:¢tinn ar pn¢'ceding, whnher civil nr eriminah is begun shat in Lender's good faith judgmem could resuh in furl'eimrc nl'she
Propcny nr mhrrwim mmrrialq• impair she lien tressed by this Security Instmmem or Lender's security imercst. Borrower may
cure such a dclauh and rcinssale, as provided in paragraph )$, by causing the exion or proceeding to be dismissed with a rnling
that, in LaWrr's gnoJ laith detsnsimsiun, precludes forfeiture of she Borcower's interest in she Prnprny or other material
iuspainnrm at the iirn create) by this Security Inzwmens or Lender's security interest. Borrower shell also be in defauh if
6urnnrcr, during the loan application process, gave mamrinlly false or inaccurate infomulion or smtemrnts so Lcndrr (or failed
m prm•iJe LcnJer with any maerial infortnasion) in connexion with the loan evidenced by Ihr Nose, including, bra not limited
lo, rtprcsrntalions concerning Borrowei s occupancyof she Property as a principal residence. It'shis Security Instrument is on a
IrasrhnlJ, Borrower shall comply with all the provisions of the least. If Borrower acyuirra fee tide to Ihr Propcny, the leasehold
and 16r fee tide shall nos merge unless Lcndrr agrees so Ihr merger in writing.
7. I'nnucsion of Lrnder's Rights in she Properly. It Borrower fails to perform O+e covenants and agrsnmms twntained in
this Security Instrument, or there is a Irgal proceeding shat may signiBeandy atfst Lender's rights in the Propcny (such as a
proseeding in hatskmpscy, probate, for condemnation or fnrkiturc or to enforce laws or regulations), then Lender may do and
pay lire w•hamver is necessary to protect the value of she Propcny and Lender's rights in she Propcny. lender's anions may
include paying any surtts secured by a lien which has priority over this Security Inslmmens, appearing in court, paying
rcasunable tourneys' ftts and entering on the Properly to make repair. Ahhough Lender may take action under this paragraph
7, Ln1Jrr Burs not have to do so.
Any anwunts disbursed by Ixnder under Ihis paragraph 7 shall become aJditional Jcht of Borrows secured by this Security
Instrmtunl. Unless Borrower and Lcndrr ague to other temu of payment, Ihcae amounts slsall hear inserrat from the dose of
disbursement aI the Nom rase and shall be payable, with intercs4 upon notice from Lender so Burrower requesting payrtu;m.
$. ALmsgngr Insurance. If Lender rcyuircd mortgage insurantt as a condition of making she loan secured by this Security
Inslminenl, Mrrower shall pay the premiums required so maintain the mongagt insurance in effss. If, for any reason, the
mortgage Insurance coverage required by Lender lapses or ceases to be in elfecl, Borrower shall pay the premiums required to
ohmin coverage auhnantially equivalent to the mongagt insurantt previously in effect, at a cost substantially equivaicm to the
mst w Borrower of the mongagt insurance previously in effre6 from an alternate mongagt insurer approved by lxnder. If
substustially equivalent mortgage insurance coverage is not available, Bortower shall pay so Lcndrr each month a sum equal so
one-twelfth of the yearly mortgage insurance premium being paid by Bortows when she insurance coverage lapsed or ceased so
be in efiwt. Lender will accept, ore and retain these paymenu u • loss rt[erve in lieu of rrwngage in[unntt. Los[ re[erve
p;tyments msy nu longer 6r ruquircd, at the option of Linder, i(mongage insurance coverage (in the amoum and for the period
tlsal Lender requires) provided by an insurer approved by Lends again bn:onses available and is obtained. Borrower shall pay
CiMIl h15DU193) form JW9 9NJh fpngr drJ6/mgrtl
~ ~
the paminnts ngnircJ to maimain mm~gage insurance in t(fm4 or so proviJe a loss reserve, until the rcyuiremem for mortgage
uuur:nlcc rnJs in accordance u•ilh mty wriurn agreemnn between Borrower and Lender or applicable law.
Y. Iuspecliun. Lender or its agem 1my make reasonable emriea upon and inspcnions of the Propeny. LcMer shall give
Burnucer uotiw a1 the tine of or prior to an insptttion specifying reasonable cause 1'or the inspection.
III. Gnukmwasion. Thc proeceJs of any award or claim for damages, direct or consequcmial, in cnnnttlion wish any
conJrnm;niun or other taking of any pan of the Propeny, or for conveyance in lieu of condenmasion, arc hereby usigned and
shall 6e paiJ to LtmJcr.
In the cram of a total taking of the Property, the prottcds shell he applied to the soots stturcJ by this Security In9rvmem,
whether nr not Jmn Jue, with any exerts paid to Borrower. In the evrm of a panial taking o(the Propeny in which the (air
ntarkcl value of the Propeny immudia-kly brlor('the taking is equal to or 6rcater than Ihr amount of the sums securcJ by this
Seturiry• Instrunum irtvnediamly before the taking, unless Borrower anJ Lender otherwiu agree in writing, the sums securrtl by
dlis Security Instrvmem shall 6e reduced by the amount of the proceeds multiplied by the following frxsion: (a) she total amoum
ul' the soots securcU immeJiasely before the taking, divided by (b) the (air market value of the Propeny immediately before the
eking. Any balsam shall be paid m Borrower. In the event of a panial laling of the Propmy in which the (air model value of
Ihr Properq• immediately hefore the taking is less than the amoum of the stuns sttured imnxdiasely bel'orc the taking, unless
Bmrmver and LenJer mherwise agrm in writing or unless applicable law otherwise provides, Ihr procttds shall be applied to the
twos sccurcJ by this Sccurily Inslrmnrnt whither or noI the sums arc Ihrn due.
I( the Propeny is abandoned by Borrower, or if. alley notice by Lender to Borrower that the condemnor olTers to make an
award or scale a claim for damages, Borrow<r fa(IS to respond Io LenJer within 30 days afmr the Jam the notice is givrn,
LenJer is umhnrized m collect anU apply Ihr proceeds, at its option, either Io rcstoratiun or repair of the Propeny or so Ihr sums
secure) by this Scuurily Instrvmem, whnhrr or nm Ihrn due.
Unless Lender and Borrower mherw•ise agree in writing, any application of promeUS to principal shall not extend or postpone
the Jut Jam of the monthly payments refrrrM to in paragraphs 1 and 2 or change the amount of such payments.
I I. Burrower Not Released; Forbrnronce Dy Lender Nol o Waiver. Exmnsion of she time for payment or modification of
anx,rtirafion of Ihr sums secured by this Security Instmmem granmd by Lender to any successor in interest of Borrower shall not
apente to rdean the liability of the original Borrower or Borrower's successors in inmresl. Lender shall not br mquiretl 10
commence proceedings against any successor in interest or refuse so extend lime for pryment or otherwise ttrotlify amoniration
nl Ihr sums neared by this Sccurily Instrvmrnt by reason of any demand made by the original Bartower or Borrower's
successors in imemsl. Any forhearance by Lender in exercising any right or remedy shall not be a waiver of or prttlude Ute
czercisc of any right or remedy.
1?. Successors and Assigns Bound; Joint and Several Liability; Co•signen. The covenants and agreements of Ihis
Seeuril)• inslrumens shall bind atfd-benefit the sucmssors and assigns of Lender and Borrower, subjttl Io the provisions of
paragraph I7. Borrower's covenants and agrmments shall M' joint and several. Any Borrower wl,o cosigns this Stturisy
Instmmem but Jas noI execute the Note: (a) is co-signing Ihis Security Inslmmenl only to mortgage, grant and convey Ihal
Borrower's interest in the Propeny under Ihr terms of Ihis Stturity Inssrvmem; (b) is not personally obligated Io pay Ihr sums
s¢ureJ by Ihis Security Inswment: and (c) agrees Iha1 Lender and any other Borrower may agree to extend, modify, forbear or
make any accommodations with regard m the terms of Ihis Security Inswmrnt or the Nom wilhow that Borrower's eonsem.
13. Loan Chargss. If the loan sauced by Ihis Security Instrvmrnt is subject to a law which sets maximum Imo charges, and
Iha1 few is finally imerprcmd so Ihal the imerest or other loan charges collected or to be collected in conntttian with the loan
cxcerU the permitted limits, Ihrn: (a) any such loan charge shall be reduced by the amount nnxssary to rudpm the charge to the
prrlnilled limit; and (h) any sums already collected from Borrower which exmeded permitted limits will he refunJ<d to
Borrower. LenJer may ehlwse to make Ihis re(untl by reducing the principal owed under the Note or by making a direcn payment
to Borrower. If a refund rectums principal, the reduction will he treated as a panial prepayment without any prepaymem charge
under the Note.
IJ. Notices. Any mice to Borrower provided for in this Security Inawment shall be given by Delivering it or by mailing it
h)' first class n,aii unless applicable law requires use of another method. Thc notitt shall be dircetud to the: Propeny Address or
any other address Borrower designates by notice to Lender. Any notice to Lender shell be giw:n by lira mass mall to Lender's
address tuned herein or any mhcr address Lender designees by notice to Borrower. Any natim provided for in this Security
Instrvlnrltt shall be clamed Ie have hcn:n given to Borrower or Lender when given as provided in this paragraph.
IS. Governing haw; Severnbllily. 'this Security Inswmem shall br governed by federal law and the law of the jurisdiction
in which the Propeny is located. In the even that any provision or clause o(this Stturily Instmmem or the Note conflicts with
applicable law, such conilin shall not aflttt other provisions o(this Security Instrument or the Notc which can be 6ivrn effort
wilhom the coniliming provision. To this end the provisions of this Security Instrumrm and the Nom are declared ro be
severable.
IG. Isornnvcr's Copy. Borrower shall be given one conformed copy of th< Note anJ of Ihis Sn:urity Inslrvmenl.
17. '1'rulusfer of she 1'ropcny or a Ikmeficial Imvesl In borrower. [fall or any pan of the Propeny or any in¢ren in it is
wld ar transicrrcd (or if a bcnelicial inmrest in Borrower is sold or transferred and Borrower is not a natural person) wishow
Lender's prior wrinen consent, Lender may, m its option, require immediate paymem in tali of all sums securcU by this Security
Insvumm~l. However, this option shall noI be exercised Dy LlnJer if rzercise is prohibited by federal law as of Ihr dam of this
Sccurily Instument.
GMD 015011193) Form 3039 OMO Omae aoJb pngesl
If LcnJcr rxemixs This option.rr shall give Borrower notice M' acrrlrrolion. T7tC norirr shall provide a prrioJ ul' not
Icss Ihan 30 Japs from Ihr date the notice is delivered or mailed within which Borrower muss pay all sums secun:J by shin
Smuriry• Instmmrnnl. I( Borrower fails to pay Ihrse soots prior m the expiration of Ihis period, Lender may invoke any remedies
penniued by Ihis Securisy Inssmmem widtout further notice or demand on Borrower.
Ig. Isorrowar's Right to Relnslute. If borrower meets certain conditions, Borrower shall have the riglu so have enforccmem
of Ihis' Security Inslmmem disWntinucd aI any time prior to the earlier of: (a) 5 days (or such other perioJ.as applicable law may
specify I'or reinstaumenQ 6e1'orc sale of the Proprny pursuant to any power of sale contained in this Security Instrument: or (b)
antry of a judgmcm enforcing Ihis Sn:urity Instrument. Those conditions are That Burrower. (a) pays Lender all twos which Ihan
svnulJ be Jur under this Sn:urity Instrurm:m and the Nom as i(no acceleration had occurred; (b) cures any default of any other
mecnams nr agreements; (C) pays all.expcnsls~ Jncurred in enforcing this Securisy Inslmmem, including, but not limited to,
rcason:lble attamcys' fees; and (d) lakes such action az Lender may rusonably require to usure that the lien of this Security
Insuununt, Lender's rights in the Propetty end Borrower's o611getion to pay the Sums securrJ by this Security Instrunxm zlwll
nsminue unchanged. Upon rcinsuument by Borrower, skis Security Instmmenl and the obligations scoured hereby shall remain
IiJly ri (active as if no acecleratiun had occurred. However, This right m reinsure shall not apply in the caze of acceleration under
paragraph I7.
I I. SuIC of NOIe; Change of Loan Scrvicer. The Nose or a partial imerest in the Nom (together with this Security
Instrument) may be sold one m more times withom prior notice to Borrower. A sale may rcsuh in a change in the cmity (known
as tltr "Loan Scrvicer') that collects rtanshly payments due under the Nusr and this Sacurisy Instmment. There also may be one
ur nxre changes of the Loan Scrvicer unrclarcd to a sale of Ihr Nnte. If there is a change of the Loan Scrvicer, Borrower will he
given wriucn nmice of the change in accordance with paragraph 14 above and epplica6le law. Tlse notice will sum the name and
address of Ihr new Loan Scrvicer and Ilae address to which payments should be made. The notitt will also contain any other
infonnatinn required by applicable law.
20. IlarsrJOUS Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
HazarJous Substantts on or in the Proprny. Borrower shall not do, nor allow anyone else to Jo. anything affecting Ihr Properly
that is in violation of any Environatsrntal Law. The preceding txo sentences Stull not apply to the prescncc. use, or storage on
the Propcny of small quantities of Hanrdous Substances that are generally rcrognized to he appropriam to normal rcsidemial
uses anJ to mainlenanaa of the Property.
Borrower shall promptly give Lender wrinen notice of any invtstigallon, claim, demand, lawsuit or other atsian by any
rurerunnmal nr rrgulmory agency or private parry involving the Propcny antl any Hazardous Substance or Environmcmal Law
ul which Bnrroaer has acwal knowledge. If Borrower learns, or is notified 6y any govemmenul ar regulmory authority, Ihm
any ramoral nr other remediatian of any Hazardous Substance aflbming the Proprny is nev:cssary, Borrower shall promptly sake
all ncrossary• remedial anions in accordance with Envirnnmenul Law.
As used in dsis paragaph ?0, 'Hazardous Subnancea' are (hose substances defined as nixie or hazaNouz substances by
Em•irmtmcnul Law and the following substances: gasoline, kerosene, other Oantmable or toxic petroleum products, toxic
pesaiciJcs mtJ herbicides, volatile solvrnu, materials mnuining asbestos or formaldehyde, and radiosctive numrials. As used in
this paragraph 20, "Environmemal Law' means Yedmal laws and laws of she jurisdinion where the Proprny is locoed thin relmc
m hcaltlt, su(ny or environmental prolWlion.
NONUNIFORM COVENANTS. Borrower and LendM further Covenant and agree as follows:
? I. Aceclcraslon; Remedies. Lcuder shall give natin: to Borrmvur prior to aaxchrulion following Borrower's brooch ut
ony covenant ur ugnemenl in this Security Inslrumenl Nut not prior to acccleratinn under perogrnph 17 unless applicable
low prnvida5 otherwiscl. Lender shell notify Borrower of, among other Ihings: (e) the defuuh; IL) the uMion rcyuired to
cure she Ilefoulq (cl worn the der0uls mull be cured; end (d) lhnl (oilurc to cure the dchull u specified may mull in
urralemtkm ut Ihr Sono secured by this Ssxurity Inslrumenl, foreclosure by judicinl procuding and Sale of the Property.
Linder shall further inform borrower of she right to rclnslate after acmleration and the right to assert in the farccosure
proceeding the norvexisrmrc of a Befouls or any other defense of Borrower to acceleration and foreclosure. If the default
Is cwt cured as spedBed, Lender of its option may rcqulrc immediate payment In cull of all sums secured by Ihis Security
Iasstruanens without further demand and may foreclose Ihis Stturlsy Instrument by judlciel proceeding. Lender Stull be
entillad to cullttt nIl nxpemm incurred in pursuing the remedies providM In shls pnragraph 21, Including, but not limited
ua, aunrnrys' fns antl Costa of side evldenet so she cxlem perminM by appllmble law.
_"_. RClCase. Upon payment of ell sums secured by Ihis Security Instmmrnt, this Stturily Instrunxm and IhC Csum
conveyed shall tcnninate antl hxome void. Alter such occurrence, Under shall discharge and satisfy this Security ]nswmem
withow charge to Borrower. Forrower Shall pay any reeorJation costs.
I3. l\'uivrrs. Bortower, to the extent permitted 6y applicable law, wairea and releases any ertor or defeesa in proceedlrga to
rnfnree Ihis Security Instmmrnt, and hereby waives the benefit of any presem or lmure laws providing 1'or soy of ezecmion,
cslensiun of lime, exemption from msachment, Irvy and sale, and homutcad exemption.
?a. Iteinswlcmcnt 1'crinll. Borrower's time to rcinsuse provided in paragraph 18 shall extend w one hour prior to the
canulu•m:cmm~l Of bidding at a sheril'I"s sale or olbcr salt pursuant to this Security Instmmrnt.
'_S. 1'urrlmse hluney Mortgage. II' any of the dcM secured by Ihis Security Instumem is Icm to Borrower to acquire title to
the Property, this Security Inmm~unt snarl be a purcnase money mortgage.
GM n 0150 tl t971 Form 3077 9190 Omge J nJ6 pngerl
~ ~
20. Innresl Rule After Judgment Borrower agrees thal the imcrest rare payable after a judgment is emend on the Nore or
in an onion nl' mortgage fon:dusun: shall be rhr mm payable from rime m time under the Notc.
I7. Hiders m tlds Security Inslntmcnl. 11' ouc or more ridtts are executed by Borrower and rccardsd Ingelhcr with Ihis
Security Inslmmenr, the covemms and agrecntems of each such rider shall be incorporated inm and shall amend antl supplement
the cosrnanls and agreements of this Security Innmmem as if the rider(s) were a pan of Ihis Security Instmment.
ICheck applicable hox(rs)I
7Adjuslable Rate Rider
I]Gradumed Paymnu Rider
^6alloon Rider
^Olhcr(s) Ispccify(
^Condominium Rider
^Planmd Unit Devcloplnenr Rider
CJ~tiam Improvement Rider
^ 1-4 Family Rider
^Biweckly Payment Ritler
OSecond fionsc Rider
B1' SIGNING BELOW. BorrOw'ef aCeeplS and agrees to the IermS and covenants s'anUined in this Secudly Instrument and in
any rider(s) executed 6y borrower and rreorded wish il.
\Vimrszes:
(SCaI)
nC B T. HODCE .u,ov..,
N~ ~ (Seap
DOLORES G. IIODGE .n,,,<„r,
___ (Brag (Sall
.anrmnr .laino.n
(Spare Blow Th6 Line For Acknowledgmeml -
COMhIONN'EALTH OF PENftiSYLVANIA, CUMBERLAND County u:
On Ihis, Ih¢ Z~r;. day of F1'~ L.~o , bc(nn; me, the underslgncd offirnr,
personally appeared JACOB T. FtODGE end DOLORES G. HODGE known to me (or satisfactorily proven) to br the
persons whose names are subscribed ro the within instrument and acknowledged tlul they ezcv:uted the saner for the
purposes herein comained.
IN WITNESS WHEREOF, f hereunto set my hand and official seal.
My Canmission Expirts: ~ ,/
L.rtenE Lt.ns, le^!`y r:CSe Tine Otnr<r
t lr ~... ocxlnaa r;.r. t:. zGbr
GUD OI 50111971 Form J0J9 9190 ((mgr 6 u/6 pngrr)
THE LAW OFFICES OF
BARBARA A. FEIN, P.C.
Bazbaza A. Fein, Esquire
I{risten D. Little, Esquire
Members of Pennsylvania
and New Jersey Bars
Phone: (215)653-7450
Fax: (215) 653-7454
Duect E-mail: dionnew@loba£com
Direct Phone Ext. 130
September 29, 2005
425 Commerce Drive, Suite 100
For[ Washington, PA 19034
NEW JERSEY OFFICE
20000 Horizon Way, Suite 900
Mount Laurel, NJ 08054.4318
Phone: (856) 596-5552
Fax: (856)596-5589
File No. OS-12918
La notification en adjunto es de soma importancia, pues afecta su derecho a continuar
viviendo en su casa. Si no comprende el contenido de esta notification, obtenga una traduccion
inmediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero
mencionado arriba. Puedes ser eligible paza un prestamo por el programa llamado "Homeowner's
Emergency Mortgage Assistance Program" el coal puede salvar su casa de la perdida del derecho a
redimir su hipoteca.
ACT 91 NOTICE
IMPORTANT: NOTICE OF HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983
PLEASE READ THIS NOTICE.
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
TOWARD YOUR MORTGAGE PAYMENTS
Jacob T. Hodge
Dolores G. Hodge
849 W. Louther Street
Cazlisle, PA 17013
RE: Client: Select Portfolio Servicing, Inc.
Loan No. 8785209886
Property Location: 849 W. Louther Street, Within the Carlisle
Cumberland County, Pennsylvania
EXHIBIT
s
Jacob T. Hodge and Dolores G. Hodge-ACT 91 Notice
September 29, 2005
Page 2
NOTICE REQUIRED UNDER THE FAIR
DEBT COLLECTION PRACTICES ACT,
15 U.S.C. § 1601 (AS AMENDED) AND
THE PENNSYLVANIA UNFAIR TRADE PRACTICES
ACT AND CONSUMER PROTECTION LAW,
73 PA. CON. STAT. ANN. §201, ET SEQ. ("THE ACTS")
INASMUCH AS THE ACTS MAY APPLY, THIS NOTICE
MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Dear Jacob T. Hodge and Dolores G. Hodge
You may be eligible for £mancial assistance that will prevent foreclosure on your
mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage
Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance
if your default has been caused by circumstances beyond your control, you have a reasonable
prospect of resuming your mortgage payments, and if you meet other eligibility requirements
established by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It
contains an explanation of your rights.
Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty
(30) days from the date of this Notice. During that time you must arrange and attend a "face-to-
face" meeting with a representative of this lender, or with a designated consumer credit counseling
agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise
settle your delinquency. This meeting must occur in the next thirty (30) days.
If you attend aface-to-face meeting with this lender, or with a consumer credit counseling
agency identified in this notice, no further proceeding in mortgage foreclosure may take place for
thirty (30) days after the date of this meeting. The name, address and telephone number of our
representative is:
Dionne Winstead, Paralegal -ext. 130
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215)653-7450
Jacob T. Hodge and Dolores G. Hodge-ACT 91 Notice
September 29, 2005
Page 3
The names and addresses of designated consumer credit counseling agencies are shown on
the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise
this lender immediately of your intentions.
Your mortgage is in serious default because you have failed to pay promptly installments of
principal and interest, as required, for a period of at least sixty (60) days. The total amount of the
delinquency is $14,187.41. That total includes the following:
Payments of 813.77 per month due from
June 1, 2004, through the date of
this letter (a total of 16 months)
and each month thereafter. $13,020.32
Late Charges from to the date of this letter. 674.46
Other fees due and owing under the loan documents 92.63
Other: Preliminary Title Report 350.00
Attorney's Fees Permitted under the Statute 50.00
TOTAL AMOUNT DUE: $14,187.41
If you have tried and are unable to resolve this problem at or after your face-to-face meeting,
you have the right to apply for financial assistance from the Homeowners' Emergency Assistance
Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency
Assistance Application with one of the designated consumer credit counseling agencies listed on the
attachment. An application for assistance may only be obtained from a consumer credit counseling
agency. The consumer credit counseling agency will assist you in filling out your application and
will submit your completed application to the Pennsylvania Housing Finance Agency. Your
application must be filed or postmarked within thirty (30) days of your face-to-face meeting.
It is extremely important that you file your application promptly. If you do not do so, or if
you do notfollow the other time periods setforth in this letter, foreclosure mayproceed against your
home immediately.
Jacob T. Hodge and Dolores G. Hodge-ACT 91 Notice
September 29, 2005
Page 4
Available funds for emergencymortgage assistance aze very limited. They will be disbursed
by the Agency under the eligibility criteria established by the Act.
It is extremely important that your application is accurate and complete in every respect. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your
application. During that additional time, no foreclosure proceedings will be pursued against you if
you have met the time requirements set forth above. You will be notified directly by that Agency
of its decision on your application.
The Pennsylvania Housing Finance Agency is located at 211 North Front Street, P.O. Box
15530, Harrisburg, PA 17105-5530. Its telephone numbers are: (717) 780-3800 or 1-800-342-2397
(toll free number). Persons with impaired hearing can call 1-800-342-2397.
In addition you may receive another notice from this lender under ACT 6 of 1974. That
Notice is called a "Notice of Intention to Foreclosure". You must read both notices since they both
explain rights that you now have under Pennsylvania law. However, if you choose to exercise your
rights described in this notice, you cannot be foreclosed upon while you are receiving assistance.
Sincerely,
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY:
Barbara A, Fein, Esquire
Attorney for Plaintiff
BAF/dw
cc: Select Portfolio Servicing, Inc.
Loan Reference No.8785209886
SENT BY CERTIFICATE OF REGULAR MAILING
AND BY CERTIFIED MAIL RECEIPT NO.
7005 1160 0000 9712 6722
70051160 0000 9712 6715
Cumberland County
CCCS of Western PA
Mary Loftus
970.D South George St.
York PA 17403
888.5112227
Harrisburg Fair Housing Council
Mel Johnson
2100 North 6th Street
Harrisburg PA 17110
717.238.9540
Maranatha Financial Counseling Services
Natalie Newcomer
43 Philadelphia Avenue
Waynesboro PA 17268
717.261.1708
Rural Opportunities, Inc.
Michael Johnson
1500 North 2nd Street Suite 11
Harrisburg PA 17102
717.234.6616
Effective 9232905 at 1 f65~01 PM
U.S . Post al 5e rvicer M
CE RTIF IED MAIL ,M REC EIPT
(Dom estic M ail Only ; No ins
urance C overage P rovided)
For tl ellYerv iM Ormer.... . ..:_,. __
rl.l
rR
N
D-
O
O Certified Fee
O
~ Return Recept Fee
(Endorsement Required)
O Restdcted Delivery Fee
-,~ (Endorsement Required)
r-R
~ -n..... .,---- - -
U7
O
O
M1
RI - ^ 1
M1 ~.
~ IR
It
~' Postage $ :/ ~YJ ~,
/
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~: ~~
~ Cenitletl Fee 4~
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Return Reeelpt Fee P05tmark
f {~{~
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(Endorsement Required) 1)
C J ZVr/+,
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p ReSMeted Delivery Fee
`p (EMorsement gequketl) f°
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'~ Total Postage & Fees ~ .p
~ rTo
°o Jacob T_. Hodge
R ;~;~r: aacra:849 W. Lowther Streef - ------------_--- ------.-
orPoBOxNO.
c;y s~~,2r~azlisl'e`;P-A7701-3-------------- ------------°--------
VERIFICATION
The undersigned, an officer of Fidelity National Foreclosure Duly authorized Officers on Behalf of
Select Portfolio Servicing, Inc. the instant Plaintiff, or its servicing agent, being authorized to make this
Verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint in
Mortgage Foreclosure are taken from the records maintained by persons supervised by the undersigned who
maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that
those facts are true and correct to the best of the knowledge, information and belief of the undersigned.
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.
~~
Dated: October 19, 2005 L" L~-~~ ~~ ~ ~~~~~~~Z~
Name : El~~beth Anselmo
Title :Supervisor
Company: Fidelity National Foreclosure Duly
Authorized Officers on Behalf of Select
Portfolio Servicing, Inc.
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SHERIFF'S RETURN - NOT FOUND
CASE N0: 2005-05711 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
OF NEW YORK THE
VS
HODGE JACOB T ET AL
R. Thomas Kline
Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
HODGE JACOB J
unable to locate Him in his bailiwick
COMPLAINT - MORT FORE
but was
He therefore returns the
the within named DEFENDANT HODGE JACOB J
849 WEST LOUTHER STREET
CARLISLE, PA 17013
DEFENDANT IS DECEASED.
NOT FOUND as to
_._, v -,
Sheriff's Costs: So answer§:
Docketing 18.00 -r ~ .-=
Service . 00 "` ~°;~~%?! - ~~..
Not Found 5.00 R. Tho s Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
33.00 BARBARA FEIN
11/07/2005
Sworn and subscribed to before me
this ) (,~ day of ~1a„~w~
~2uy~ A.D.
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Prothonot~<
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2005-05711 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BANK OF NEW YORK THE
VS
HODGE JACOB T ET AL
R. Thomas Kline ,Sheriff or Deputy SYieriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
HODGE DOLORES G
unable to locate Her in his bailiwick
COMPLAINT - MORT FORE ,
but was
He therefore returns the
the within named DEFENDANT HODGE DOLORES G
NOT FOUND as to
849 WEST LOUTHER STREET
CARLISLE. PA 17013
DEFENDANT IS DECEASED.
Sheriff's Costs: So answers: '~ '
Docketing 6.00 i
.>~_ ~. ;/ice` _.
Service . 00 "`~
Not Found 5.00 R. Thomas Kli e
Surcharge 10.00 Sheriff of Cumberland County
.00
21.00 BARBARA FEIN
11/07/2005
Sworn and subscribed to before me
this /~~ day of T~L~ue.~+~~
~lu~-cS~ .D.
Prot onotayry
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
THE BANK OF NEW YORK, AS
TRUSTEE FOR THE HOLDERS OF THE NO. OS-5711 Civil Term
EQCC ASSET BACKED CERTIFICATES,
SERIES 2001-1F,
Plaintiff,
v.
JACOB T. HODGF, AND
DOLORES G. HODGE,
Defendants.
ENTRY OF APPEARANCE ON BEHALF OF THE DEFENDANTS
TO THE PR01'HONOTARY:
On behalf of the above entitled Defendants, kindly enter the appearance of the undersigned
attorney of record.
5AIDIS, FLOWER & LINDSAY
BY: ~
Ge~ o g~F Douglas, [ , Esquire^
Attorney ID No. 61886
26 West High Street
Carlisle, PA 17013
(717)243-6222
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IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
THE BANK OF NEW YORK, AS TRUSTEE
FOR THE HOLDERS OF THE EQCC ASSET
BACKED CERTIFICATES, SERIES 2001-1 F
Plaintiff,
v.
JACOB T. HODGE AND
DOLORES G. HODGE,
Defendants.
ACKNOWLEDGMENT OF SERVICE
NO. OS-5711 Civil Term
Service of original process in the above entitled Complaint in Mortgage Foreclosure is hereby
acknowledged and accepted this
~dTN
day of March, 2006, on behalf of:
Dolores G. Hodge died an Intestate resident of Cumberland County on October 1, 2002
Her interests in the Mortgaged Premises pass, by operation of law, to her Surviving Spouse,
Jacob T. Hodge a/k/a Jacob T. Hodge, Sr.
Jacob T. Hodge, Sr., died an Intestate resident of Cumberland County on October 25, 2005
On February 23, 2006, under File No. 21-2006-0030, the Estate of Jacob T. Hodge, Sr.,
Deceased, was probated in Cumberland County, where under Jacob T. Hodge, Jr. and Sheritta
A. Richardson, were appointed Co-Administrators of the Estate.
The Estate retained George F. Douglas, III, Esquire, with Saidis, Flower & Lindsay as its counsel.
T l~
On this ~~ day of March, 2006, the undersigned acknowledges that he is authorized to accept
service of pleadings in the above entitled action on behalf of the Defendants so named.
SAIDIS, FLOWER & LINDSAY
BY: ~1~.~~~u.l• ~kni.v~Q.~~
George F. Douglas, III; Esquire
Attorney ID No. 61886
26 West High Street
Carlisle, PA 17013
(717)243-6222
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IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
THE BANK OF NEW YORK, AS
TRUSTEE FOR THE HOLDERS OF THE
EQCC ASSET BACKED CERTIFICATES,
SERIES 2001-1F,
Plaintiff,
v.
JACOB T. HODGE AND
DOLORES G. HODGE,
Defendants.
NO. OS-5711 Civil Term
CONSENT TO AMEND CAPTION OF SUIT
AND NOW, this ~ It
U - day of March, 2006, undersigned counsel for the
Defendants agrees that the caption of the above entitled suit shall be amended to read as follows:
The Bank of New York, as Trustee for
The Holders of the EQCC Asset Backed Certificates, Series 2001-1F,
Plaintiff,
v.
The Estate of Jacob T. Hodge, Sr., Deceased (Surviving Spouse),
By and Through the Estate's Executors Jacob T. Hodge, Jr. and Sheritta A. Richardson,
Under Probate No. 21-2006-0030,
Letters Testamentary having issued on February 23, 2006,
Defendant.
SAIDIS, FLOWER & LINDSAY
BY: p7Q ~n-c C--. ~AONA.-d- ~'~
GeorgeT. Douglas, III,~Esquire
Attorney ID No. 61886
26 West High Street
Carlisle, PA 17013
(717)243-6222
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
File No. OS-12918
Barbara A. Fein, Esqufre / LD. No. 53002
42S Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
THE BANK OF NEW YORK, AS
TRUSTEE FOR THE HOLDERS OF THE
EQCC ASSET BACKED CERTIFICATES,
SERIES 2001-1F,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. OS-5711 Civil Term
v.
THE ESTATE OF JACOB T. HODGE, SR.,
DECEASED (SURVNING SPOUSE), BY
AND THROUGH THE ESTATE'S
EXECUTORS JACOB T. HODGE, JR. AND
SHERITTA A. RICHARDSON, UNDER
PROBATE NO.21-2006-0030, LETTERS
TESTAMENTARY HAVING
ISSUED ON FEBRUARY 23, 2006,
Defendant.
PRAECIPE TO ENTER CONSENT JUDGMENT IN REM
TO THE PROTHONOTARY:
Kindly enter the appended Consent Judgment, assessing judgment in rem in the amount of
$103,500.00, in favor of Plaintiff, The Bank of New York, as Trustee for the Holders of the EQCC
Asset Backed Certificates, Series 2001-1 F, and against the Defendant, The Estate ofJacob T. Hodge,
Sr., Deceased (Surviving Spouse), by and Through the Estate's Executors Jacob T. Hodge, Jr. and
Sheritta A. Richardson, under Probate No. 21-2006-0030, Letters Testamentary Having Issued on
February 23, 2006.
Mazch 13, 2006
THE LAW OFFICES OF BARB~1Rtjl,A. FEIN, P.C.
Barbara A. Fein, Esquire
Attorney for Plaintiff
Attorney I.D. No. 53002
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY. PENNSYLVANIA
THE BANK OF NEW YORK, AS
TRUSTEE FOR THE HOLDERS OF THE
EQCC ASSET BACKED CERTIFICATES,
SERIES 2001-1F,
Plaintiff,
v.
THE ESTATE OF JACOB T. HODGE, SR.,
DECEASED (SURVIVING SPOUSE), BY
AND THROUGH THE ESTATE'S
EXECUTORS JACOB T. HODGE, JR. AND
SHERITTA A. RICHARDSON, UNDER
PROBATE NO.21-2006-0030, LETTERS
TESTAMENTARY HAVING
ISSUED ON FEBRUARY 23, 2006,
Defendant.
NO. OS-5711 Civil Term
CONSENT TO ENTRY OF JUDGMENT IN REM
It is hereby stipulated and agreed by and between counsel for the Plaintiff, The Bank ofNew York,
as Trustee, Plaintiff, and the Defendant, that Judgment in Rem be entered in the above entitled mortgage
foreclosure action against the Defendant and in favor of the Plaintiff in the amount of $103,500.00.
[n exchange for the Defendants' consent, Plaintiff agrees to waive its rights to a Deficiency Judgment
action against the Defendants and(or the Heirs of the Estate individually.
SAIDIS, FLOWER & LINDSAY
BY: ~.152~.1 G- x~t~c-/~ck~L-
George F. Douglas, III Esquire
Attorney ID No. 61886
26 West High Street
Carlisle, PA 170]3
(717) 243-6222
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Court House
One Courthouse Square
Carlisle, PA 17013
CURTIS LONG, PROTHONOTARY
TO: George F. Douglas, III, Esquire
Counsel for the Estate of Jacob T. Hodge, Sr., Deceased
c1o The Law Offices of Saidis, Flower & Lindsay
26 West High Street
Carlisle, PA 17013
THE BANK OF NEW YORK, AS
TRUSTEE FOR THE HOLDERS OF THE
EQCC ASSET BACKED CERTIFICATES,
SERIES 2001-1F,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.OS-5711 Civil Term
v.
THE ESTATE OF JACOB T. HODGE, SR.,
DECEASED (SURVNING SPOUSE), BY
AND THROUGH THE ESTATE'S
EXECUTORS JACOB T. HODGE, JR. AND
SHERITTA A. RICHARDSON, UNDER
PROBATE NO. 21-2006-0030, LETTERS
TESTAMENTARY HAVING
ISSUED ON FEBRUARY 23, 2006,
Defendant.
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
judgment has been entered against you in the above captioned proceeding as indicated below.
CURTIS LONG, PROTHONOTARY
[XX] Consent Judgment entered
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
BARBARA A. FEIN, ESQUIRE AT (215) 653-7450.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
THE BANK OF NEW YORK, AS TRUSTEE ~ COURT OF COMMON PLEAS
FOR THE HOLDERS OF THE EQCC ASSET
BACKED CERTIFICATES, SERIES 2001-IF, j
Plaintiff, rJ NO.OS-5711 Civil Term
v.
THE ESTATE OF JACOB T. HODGE, SR.,
DECEASED (SURVIVING SPOUSE), BY AND
THROUGHTHEESTATE'SEXECUTORSJACOB
T. HODGE, JR. AND SHERITTA A.
RICHARDSON, UNDER PROBATE N0.21-2006-
0030, LETTERS TESTAMENTARY HAVING
ISSUED ON FEBRUARY 23, 2006,
Defendants.
PRAECIPE TO ISSUE WRIT OF EXECUTION
(MORTGAGE FORECLOSURE)
TO THE PROTHONOTARY:
Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland County,
against The Estate of Jacob T. Hodge, Sr., Deceased (Surviving Spouse), by and Through the Estate's Executors
Jacob T. Hodge, Jr. and Sheritta A. Richardson, under Probate No. 21-2006-0030, Letters Testamentary Having
Issued on February 23, 2006, Defendants, and real property situated at 849 W. Louther Street, Carlisle, Cumberland
County, Pennsylvania 17013.
AMOUNT DUE $103,500.00
INTEREST FROM Marcb 17, 2006
Through September 6, 2006 2,925.72
SUBTOTAL $106,425.72
COSTS TO BE ADDED
THE LAW OFFICES OF BARBARA A. FEIN,
BY: <'~
Barbara A. Fein, Esquire
Attorney LD. No. 53002
425 Commerce Drive, Suite 10
Fort Washington, PA 19034
(215) 653-7450
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO05-5711 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE BANK OF NEW YORK, AS TRUSTEE FOR THE
HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-1F Plaintiff (s)
From THE ESTATE OF JACOB T HODGE, SR., DECEASED 849 W. LOUTHER ST.,
CARLISLE PA 17013 (SURVIVING SPOUSE), BY AND THROUGH THE ESTATE'S
EXECUTORS JACOBT. HODGE, JR. AND SHERITTA A. RICHARDSON, UNDER PROBATE
N0.21-2006-0030, LETTERS TESTAMENTARY HAVING ISSUED ON 2-23-06, C/O GEORGE F
DOUGLAS, III, ESQ., 26 W. HIGH ST., CARLISLE PA 17013.
(1) You are duetted to levy upon the property of the defendant (s)and to sell REAL ESTATE
LOCATED AT 849 W. LOUTHER ST., CARLISLE PA 17013 (SEE LEGAL
DESCRIPTION) .
(2) You aze also duetted to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to ox 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 gaznishee, you aze duetted to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $103,500.00
Interest FROM 3/117/06 TO 9/6/06 - $2,925.72
Atty's Comm °lo
Atty Paid $136.00
Plaintiff Paid
Date: APRIL 18, 2006
(Seal)
L.L. $.50
Due Prothy $1.00
Other Costs
CY~I7RTIS LONG
Prothonotary
By:
Deputy
REQUESTING PARTY:
Name BARBARA A. FEIN, ESQ.
Address: 425 COMMERCE DR., STE 100
FORT WASHINGTON PA 19034
Attorney for: PLAINTIFF
Telephone: (215) 653-7450
Supreme Court ID No. 53002
WRIT OF EXECUTION-- (MORTGAGE FORECLOSURE)
Pa. R.C.P. 3180 to 3183 and RULE 3257
THE BANK OF NEW YORK, AS TRUSTEE FOR
THE HOLDERS OF THE EQCC ASSET BACKED
CERTIFICATES, SERIES 2001-1F,
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. OS-5711 Civil Term
v.
THE ESTATE OF JACOB T. HODGE, SR,
DECEASED (SURVIVING SPOUSE), BY AND
THROUGH THE ESTATE'S EXECUTORS JACOB
T. HODGE, JR. AND SHERITTA A. RICHARDSON,
UNDER PROBATE N0.21-2006-0030, LETTERS
TESTAMENTARY HAVING
ISSUID ON FEBRUARY 23, 2006 ,
Defendant.
Commonwealth of Pennsylvania
County of G~mberhmd
TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA:
To satisfy the judgment, interest and costs in the above captioned matter, you are directed to levy upon
and sell the following descn'bed real property (specifically described below):
Real property situated at: 849 W. Louther Street, Cazlisle
Cbmberhmd County, Pennsylvania 17013
Tax Parcel Identification Number: 296-20-1794-003
Ghrrently title holder(s): Jacob T. Hodge and Dolores G. Hodge
AMOUNT DUE ............................................................. $103,500.00
INTEREST FROM March 17, 2006
Through September 6, 2006 ...................................................... 2,925.72
TOTAL ................................................................... $
Plus costs as endorsed.
D
P othonosar , 0 0 leas Court of
Cumberland Coun ,Pennsylvania
Dated:
BY:
(SEAL) Deputy
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ALL THAT CERTAIN piece or parcel of land with the improvements thereon erected situate in
North Middleton Township, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING at a spike in the center of West Lowther Street extended; thence by land now or
formerly of Frank A. Burr, et ux, North 18 degrees 46 minutes East, a distance of 363.8 feet,
more or less, to the comer of Lot No. 3 of the "William Fraker Lots on West North Street",
which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Plan Book 6, Page 9; thence by Lots Nos. 3 and 4 of said Plan, South 79
degrees East, a distance of 82.7 feet to a point on {ine of lands now or formerly of Nedwell
Anderson, et ux; thence by said Anderson lands South 18 degrees 46 minutes West, a
distance of 363.8 feet, more or less, to a spike in the center of West Louther Street extended;
thence by the center of West Lowther Street extended, North 70 degrees 34 minutes West, a
distance of 85.9 feet to the place of beginning and being improved with a 2 story frame
dwelling house and detached garage known as 849 W. Louther Street, Carlisle, Pennsylvania.
Tax Parcel #296-20-1794-003
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Bazbaza A. Fein, Esquire / I.D. No. 53002
Kristen D. Little, Esquire / I.D. No. 79992
Jacqueline F. Mcnally, Esquire/ I.D. No. 201332
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215)653-7450
Attorney for Plaintiff
THE BANK OF NEW YORK, AS
TRUSTEE FOR THE HOLDERS OF THE
EQCC ASSET BACKED CERTIFICATES,
SERIES 2001-1F,
Plaintiff,
v.
THE ESTATE OF JACOB T. HODGE, SR.,
DECEASED (SURVIVING SPOUSE), BY
AND THROUGH THE ESTATE'S
EXECUTORS JACOB T. HODGE, JR. AND
SHERTITA A. RICHARDSON, UNDER
PROBATE N0.21-2006-0030, LETTERS
TESTAMENTARY HAVING
ISSUED ON FEBRUARY 23, 2006,
Defendant.
File No.05-12918
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.OS-5711 Civil Term
AFFIDAVIT UNDER PA. RCP RULE 3129
The Bank of New York, as Trustee for the Holders of the EQCC Asset Backed Certificates,
Series 2001-1F, Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the
date the praecipe for the Writ of Execution was filed, the following information concerning the
real property located at 849 W. Louther Street, Cazlisle, Cumberland County, Pennsylvania, was
true and correct to the best of its knowledge, information and belief.
1. Name and address of each Owner and/or Reputed Owner:
The Estate of Jacob T. Hodge, Sr., Deceased
849 W. Louther Street
Cazlisle PA 17013
,.
Jacob T. Hodge, Jr and
Sheritta A. Richardson, Executors
c/o George F. Douglass, III, Esquire
Saidis, Shuff, Flower & Lindsay
26 West High Street
Cazlisle, PA 17013
2. Name and address of each Defendant named in the judgment:
Jacob T. Hodge, Jr and
Sheritta A. Richardson, Executors
c/o George F. Douglass, III, Esquire
Saidis, Shuff, Flower & Lindsay
26 West High Street
Cazlisle, PA 17013
3. Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Redevelopment Authority of
the County of Cumberland
114 North Hanover Street
Carlisle, PA 17013
Palisades Collection LLC
210 Sylvan Avenue
Englewood Cliffs, NJ 07632
4. Name and address of the last recorded holder of every mortgage of record:
The Bank of New York,
as Trustee, Plaintiff
381$ South West Temple
Salt Lake City, UT 84115
5. Name and address of every other person or entity which has any record lien on the
property:
None
6. Name and address of every other person or entity which has any record interest in the
property and whose interest maybe affected by the sale:
Cumberland County Tax Claim Bureau
1 Courthouse Squaze
Carlisle, PA 17103
Tax Collector: Robin Sollenberger
5 Hill Drive
Cazlisle, PA 17013
North Middleton Authority
Sewer Authority
240 Clearwater Drive
Cazlisle, PA 17013
North Middleton Authority
Water Authority
240 Clearwater Drive
Carlisle, PA 17013
7. Name and address of every other person of whom the Plaintiff has knowledge who may
have an interest in the property which maybe affected by the sale:
Tenant/Occupant
849 W. Louther Street
Carlisle, PA 17013
Cumberland County Domestic Relations
13 N. Hanover Street
Cazlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfaze
P.O. Box 2675
Harrisburg, PA 17105
I verify that the statements made in this Affidavit aze true and correct to the best of my
personal lrnowledge, information and belief. I understand that false statements herein aze made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date: April 11, 2006
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY:
Bazbaza A. Fein, Esquire
Attorney for Plaintiff
Attorney LD. No. 53002
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen D. Little, Esquire / I.D. No. 79992
Jacqueline F. McNally, Esquire / I.D. No. 201332
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215)653-7450
Attorney for Plaintiff
THE BANK OF NEW YORK, AS
TRUSTEE FOR THE HOLDERS OF THE
EQCC ASSET BACKED CERTIFICATES,
SERIES 2001-1F,
Plaintiff,
v.
THE ESTATE OF JACOB T. HODGE, SR.,
DECEASED (SURVIVING SPOUSE), BY
AND THROUGH THE ESTATE'S
EXECUTORS JACOB T. HODGE, JR. AND
SHERITTA A. RICHARDSON, UNDER
PROBATE NO.21-2006-0030, LETTERS
TESTAMENTARY HAVING
ISSUED ON FEBRUARY 23, 2006 ,
Defendant.
File No.05-12918
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.OS-5711 Civil Term
NOTICE OF SHERIFFS S r.F OF r PROPERTY
TO: Jacob T. Hodge, Jr, Executor
Sheritta A. Richardson, Executor
c% George F. Douglass, III, Esquire
Saidis, Shuff ,Flower & Lindsay
26 West High Street
Carlisle, PA 17013
Your house at 849 W. Louther Street, Carlisle, Cumberland County, Pennsylvania is scheduled
to be sold by the Cumberland County Sheriffs Department on September 6, 2006 at the
Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania, to enforce the
Court judgment of $103,500.00 obtained by Plaintiff, The Bank of New York, as Trustee for the
Holders of the EQCC Asset Backed Certificates, Series 2001-1F, against you.
NOTICE OF OWNERS' RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. This sale will be canceled if you pay to Plaintiff Mortgagee the back payments, late
charges, costs and reasonable attorneys' fees due. To find out how much .you must pay, you may
call Dionne Winstead at (215) 653-7450.
2. You may be able to stop the sale by filing a petition askittg 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 s ~ 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 notice below on how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND
YOU HAVE OTHER RIGHTS EVEN IF THE SHERi~F'S SAL E DOES TAKF 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 Dionne Winstead at (215) 653-7450, or by calling the
Cumberland County Sheriffs Department at (717) 240-6390.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount bid in
the sale. To find out if this has happened, you may call Dionne Winstead at (215) 653-7450, or
by calling the Cumberland County Sheriffs Department at (717) 240-6390.
4. If the amount due from the buyer is not paid to the Cumberland County Sheriff, you
will remain the owner of the property as if the sale had never happened.
5. You have the right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal
proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A
schedule of distribution of the money bid for your house will be filed by the Cumberland County
Sheriff on or about thirty (30) days from the date of Sheriffs Sale. This schedule will state who
will be receiving that money. The money will be paid out in accordance with this schedule unless
exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after the distribution sheet is posted.
7. You may also have other rights and defenses, or ways of getting your house 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 Hi_RiRR~NG A LAWYER IF
YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE L TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LE AL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE
Cumberland County Court Administrator
4th Floor
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6200
ALL THAT CERTAIN piece or parcel of land with the improvements thereon erected situate in
North Middleton Township, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING at a spike in the center of West Louther Street extended; thence by land now or
formerly of Frank A. Burr, et ux, North 18 degrees 46 minutes East, a distance of 363,8 feet,
more or less, to the corner of Lot No. 3 of the "William Fraker Lots on West North Street",
which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Plan Book 6, Page 9; thence by Lots Nos. 3 and 4 of said Plan, South 79
degrees East, a distance of 82.7 feet to a point on line of lands now or formerly of Nedwell
Anderson, et ux; thence by said Anderson lands South 18 degrees 46 minutes West, a
distance of 363.8 feet, more or less, to a spike in the center of West Louther Street extended;
thence by the center of West Louther Street extended, North 70 degrees 34 minutes West, a
distance of 85.9 feet to the place of beginning and being improved with a 2 story frame
dwelling house and detached garage known as 849 W. Louther Street, Carlisle, Pennsylvania.
Tax Parcel #296-20-1794-003
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IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
THE BANK OF NEW YORK, AS
TRUSTEE FOR THE HOLDERS OF THE
EQCC ASSET BACKED CERTIFICATES,
SERIES 2001-1F,
Plaintiff,
v.
THE ESTATE OF JACOB T. HODGE, SR.,
DECEASED (SURVIVING SPOUSE), BY
AND THROUGH THE ESTATE'S
EXECUTORS JACOB T. HODGE, JR. AND
SHERITTA A. RICHARDSON, UNDER
PROBATE NO. 21-2006-0030, LETTERS
TESTAMENTARY HAVING ISSUED ON
FEBRUARY 23, 2006,
Defendants.
NO.OS-5711 Civil Tenn
CERTIFICATION AS TO THE SALE OF REAL PROPERTY
I hereby certify that I am the attorney of record for the Plaintiff, The Bank of New York,
as Trustee for the Holders of the EQCC Asset Backed Certificates, Series 2001-1F, in this action
against real property and I further certify that this property is:
[X] That the Plaintiff has complied in all respects with Section
403 of the HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF
1983 which may include but is not limited to:
(a) Service of notice on Defendant
(b) Expiration of thirty days since the service of the Notice
(c) Defendant's failure to request or to appeaz at a face-to-
face meeting with the Mortgagee or with a Consumer Credit Counseling Agency
(d) Defendant's failure to file an application for fmancial assistance with the Pennsylvania
Housing Finance Agency
I fiu ther agree to indemnify and hold harmless the Sheriff of Cumberland County for any
false statements given herein.
THE LA W OFFICES OF BARBARA A. FAIN, P. C.
BY:
Bazbara A. Fein, Esquire
Attomey for Plaintiff
Attorney I.D. No. 53002
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Bazbaza A. Fein, Esquire / I.D. No. 53002
Kristen D. Little, Esquire / I.D. No. 79992
Jacqueline F. Mcnally, Esquire/ I.D. No. 201332
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215)653-7450
Attorney for Plaintiff
THE BANK OF NEW YORK, AS
TRUSTEE FOR THE HOLDERS OF THE
EQCC ASSET BACKED CERTIFICATES,
SERIES 2001-1F,
Plaintiff,
v.
THE ESTATE OF JACOB T. HODGE, SR.,
DECEASED (SURVIVING SPOUSE), BY
AND THROUGH THE ESTATE'S
EXECUTORS JACOB T. HODGE, JR. AND
SHERITTA A. RICHARDSON, UNDER
PROBATE N0.21-2006-0030, LETTERS
TESTAMENTARY HAVING
ISSUED ON FEBRUARY 23, 2006,
Defendant.
File No.05-12918
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.OS-5711 Civil Term
AMENDED AFFIDAVIT UNDER PA. RCP RULE 3129
The Bank of New York, as Trustee for the Holders of the EQCC Asset Backed
Certificates, Series 2001-1F, Plaintiff in the above captioned mortgage foreclosure action, sets
forth as of the date the praecipe for the Writ of Execution was filed, the following information
concerning the real property located at 849 W. Louther Street, Carlisle, Cumberland County,
Pennsylvania, was true and correct to the best of its knowledge, information and belief.
1. Name and address of each Owner and/or Reputed Owner:
The Estate of Jacob T. Hodge, Sr., Deceased
849 W. Louther Street
Carlisle PA 17013
Jacob T. Hodge, Jr and
Sheriffs A. Richardson, Executors
c/o George F. Douglass, III, Esquire
Saidis, Shuff, Flower & Lindsay
26 West High Street
Cazlisle, PA 17013
2. Name and address of each Defendant named in the judgment:
Jacob T. Hodge, Jr and
Sheriffs A. Richazdson, Executors
c/o George F. Douglass, III, Esquire
Saidis, Shuff, Flower & Lindsay
26 West High Street
Carlisle, PA 17013
3. Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Redevelopment Authority of
the County of Cumberland
114 North Hanover Street
Carlisle, PA 17013
Palisades Collection LLC
210 Sylvan Avenue
Englewood Cliffs, NJ 07632
4. Name and address of the last recorded holder of every mortgage of record:
The Bank of New York,
as Trustee, Plaintiff
3815 South West Temple
Salt Lake City, UT 84115
5. Name and address of every other person or entity which has any record lien on the
property:
None
6. Name and address of every other person or entity which has any record interest in the
property and whose interest maybe affected by the sale:
Cumberland County Tax Claim Bureau
1 Courthouse Squaze
Cazlisle, PA 17103
Tax Collector: Robin Sollenberger
5 Hill Drive
Cazlisle, PA 17013
North Middleton Authority
Sewer Authority
240 Clearwater Drive
Cazlisle, PA 17013
North Middleton Authority
Water Authority
240 Clearwater Drive
Cazlisle, PA 17013
Name and address of every other person of whom the Plaintiff has knowledge who may
have an interest in the property which maybe affected by the sale:
Tenant/Occupant
849 W. Louther Street
Carlisle, PA 17013
C~unberland County Domestic Relations
13 N. Hanover Street
Cazlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
Commonwealth of Pennsylvania
Department of Revenue
Inheritance Tax Division
Bureau of Compliance
ATTN: Terry Quigley, Esquire
Department #280946
Harrisburg, PA 17128
,,
The Internal Revenue Service
Special Procedures Branch
Federated Investors Tower
Thirteenth Fl., Suite 1300
1001 Liberty Ave.
Pittsburgh, PA 15222
I verify that the statements made in this Affidavit aze true and correct to the best of my
personal lrnowledge, information and belief. I understand that false statements herein aze made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date: August 3, 2006
THE I.AW OFFICES OF BARBARA A. FEIN, P.C.
BY:
Bazbara A. Fein, Esquire
Attorney for Plaintiff
Attorney I.D. No. 53002
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen D. Little, Esquire / I.D. No. 79992
Jacqueline F. McNally, Esquire / I.D. No 201332
Suite 100, 425 Commerce Drive
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
THE BANK OF NEW YORK, AS
TRUSTEE FOR THE HOLDERS OF THE
EQCC ASSET BACKED CERTIFICATES,
SERIES 2001-1F,
Plaintiff,
v.
THE ESTATE OF JACOB T. HODGE, SR.,
DECEASED (SURVIVING SPOUSE), BY
AND THROUGH THE ESTATE'S
EXECUTORS JACOB T. HODGE, JR. AND
SHERITTA A. RICHARDSON, UNDER
PROBATE N0.21-2006-0030, LETTERS
TESTAMENTARY HAVING
ISSUED ON FEBRUARY 23, 2006,
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.OS-5711 Civil Term
CERTIFICATION OF NOTICES OF SALE TO LIENHOLDERS
I, Dionne Winstead, Paralegal to Bazbaza A. Fein, Esquire, attorney for Plaintiff, hereby
certify that upon information and belief, diligent efforts have been made to identify all
persons/entities having mortgages, judgments, liens, or other interest in the subject premises of the
foreclosure proceeding, and that such persons/entities have been sent Notices of Sheriffs Sale
(attached hereto as Exhibit "A") and that said Notices were duly served upon them in accordance
with Pennsylvania Rule of Civil Procedure Rule 3129. (Proof of mailing with a postmark date of
August 3, 2006 is appended hereto and incorporated herein by reference as Exhibit "B").
I declaze under penalty of perjury that the foregoing is true and correct.
August 8, 2006
THE LAW FICES OF BARBARA A. FEIN, P.C.
BY: ionn instead, Paralegal
to Barbara A. Fein, Esquire
Attorney for Plaintiff
THE LAW OFFICES OF
BARBARA A. FEIN, P.C.
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
Barbara A. Fein, Esquire
Kristen D. Little, Esquire
Jacqueline F. McNally, Esquire
Members of Pennsylvania
and New Jersey Bars
Phone: (215)653-7450
Fax: (215)653-7454
Direct E-mail: dionnewQloba£com
Direct Phone Ext. 130
20000 Horizon Way, Suite 900
Mount Laurel, NJ 08054-4318
Phone: (856) 596-5552
Fax: (856)596-5589
File No. OS-12918
April 11, 2006
NOTICE OF CUMBERLAND COUNTY SHERIFFS SALE
TO: All Parties in Interest and Claimants
Improvements:
Residential Dwellings
OWNER(S): The Estate of Jacob T. Hodge, Sr., Deceased
(Surviving Spouse), by and Through the Estate's Cumberland County
Executors Jacob T. Hodgo, Jr. and Sheritta A. Court of Common Plees
Richardson, under Probate No. 21-2006-0030, No. OS-5711 Civil Term
Letters Testamentary Havinglssued on February 23,
2006
PROPERTY: 849 W. Louther Street
Carlisle
County of Cumberland, PA 17013
Please be advised that the above captioned property (and suy improvements thereon) is scheduled. to be sold by the
Cumberland County Sheriffs Department on September 6, 2006 at the Cumberland County Court House, l Courthouse
Square, Carlisle, Pem~sylvaaia This sale is scheduled pursuant to a judgment entered in the amount of $103,500.00
in the Court of Common Plees for Cumberland County.
Our records indicate that you may hold a mortgage or judgment on the property which maybe extinguished (removed)
by the sale. You may wish to attend the sale to protect your interests.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days
after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within
ten (10) days after the filing of the schedule. You may call the Cumberland County Sheriffs Department at (717) 240-
6390 for the date on which the diatn'bution schedule will be posted.
Sincerely,
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY: {
Barbara A. Fein, Esquire
Attorney for Plaintiff
ALL THAT CERTAIN piece or parcel of land with the improvements thereon erected situate in
North Middleton Township, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING at a spike in the center of West Louther Street extended; thence by land now or
formerly of Frank A. Burr, et ux, North 18 degrees 46 minutes East, a distance of 363.8 feet,
more or less, to the corner of Lot No. 3 of the "William Fraker Lots on West North Street",
which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Plan Book 6, Page 9; thence by Lots Nos. 3 and 4 of said Plan, South 79
degrees East, a distance of 82.7 feet to a point on line of lands now or formerly of Nedwell
Anderson, et ux; thence by said Anderson lands South 18 degrees 46 minutes West, a
distance of 363.8 feet, more or less, to a spike in the center of West Louther Street extended;
thence by the center of West Louther Street extended, North 70 degrees 34 minutes West, a
distance of 85.9 feet to the place of beginning and being improved with a 2 story frame
dwelling house and detached garage known as 849 W. Louther Street, Carlisle, Pennsylvania.
Tax Parcel #296-20-1794-003
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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 Malted Abdelmalik & Hanan Awadalla is the grantee the same having been
sold to said grantee on the 6th day of Sent A.D., 2006, under and by virtue of a writ Execution issued on
the 18th day of April, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term,
2005 Number 5711, at the suit of Bank of New York Tr against Jacob T Hodge Sr exors is duly recorded
in Deed Book No. 277, Page 910.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this ~~~ day of
A.D.~ n
of Deeds
R~cgda ~ Oe~d~, Ciwnbe~nd Counti, CAM, PA
~t~~ E~ rio Fist rdJin.20t0
The Bank of New York
VS
The Estate of Jacob T. Hodge, Sr., Deceased
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2005-5711 Civil Term
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that
on May 31, 2006 at 10:40 o'clock AM, he served a true copy of the within Real Estate
Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Jacob T. Hodge Jr. and Sheritta A. Richazdson, Executors c/o George
F. Douglass, III Esquire, by making known unto Tanya Waze, adult in chazge for George
F. Douglass, III, Esquire, at 26 West High Street, Cazlisle, Cumberland County,
Pennsylvania, its contents and at the same time handing to her personally the said true
and correct copy of the same.
Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states
that on June 30, 2006 at 11:49 o'clock A.M., he posted a true copy of the within Real
Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of Jacob T. Hodge, Jr. located at 849 W. Louther Street, Carlisle, 204 Hickory
Pennsylvania 17013 according -to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendants, to wit: Jacob T. Hodge, Jr. c/o George Douglas, III, Esquire, by regulaz mail
to his last known address of 26 West High Street, Carlisle, Pennsylvania 17013. These
letters were mailed under the date of June 26, 2006 and never returned to the Sheriff s
Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Cazlisle, Cumberland
County, Pennsylvania on September 06, 2006 at 10:00 o'clock A.M. He sold the same
for the sum of $104,000.00 to Hanan Awadalla. It being the highest bid and best price
received for the same, Hanan Awadalla of 1010 Tunbridge Lane, Mechanicsburg, PA
17050, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of
$109,243.78.
Sheriffs Costs:
Docketing $30.00
Poundage 2,080.00
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 8.80
Levy 15.00
Surcharge 30.00
Law Journal 335.00
Patriot News 257.00
Shaze of Bills 19.31
Distribution of Proceeds 25.00
Sheriffs Deed 39.50
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$2,911.11 / i 1 ~
~.<~~
R. Thomas Kline, Sheriff
B~~ 5~,
Real Esr eant
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen D. Little, Esquire / I.D. No. 79992
Jacqueline F. Mcnally, Esquire/ I.D. No. 201332
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
THE BANK OF NEW YORK, AS
TRUSTEE FOR THE HOLDERS OF THE
EQCC ASSET BACKED CERTIFICATES,
SERIES 2001-1F,
Plaintiff,
v.
THE ESTATE OF JACOB T. HODGE, SR.,
DECEASED (SURVIVING SPOUSE), BY
AND THROUGH THE ESTATE' S
EXECUTORS JACOB T. HODGE, JR. AND
SHERITTA A. RICHARDSON, UNDER
PROBATE N0.21-2006-0030, LETTERS
TESTAMENTARY HAVING
ISSUED ON FEBRUARY 23, 2006,
Defendant.
File No.05-12918
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. OS-5711 Civil Term
AFFIDAVIT UNDER PA. RCP RULE 3129
The Bank of New York, as Trustee for the Holders of the EQCC Asset Backed Certificates,
Series 2001-1F, Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the
date the praecipe for the Writ of Execution was filed, the following information concerning the
real property located at 849 W. Lowther Street, Carlisle, Cumberland County, Pennsylvania, was
true and correct to the best of its knowledge, information and belief.
1. Name and address of each Owner and/or Reputed Owner:
The Estate of Jacob T. Hodge, Sr., Deceased
849 W. Lowther Street
Carlisle PA 17013
}
Jacob T. Hodge, Jr and
Sheritta A. Richardson, Executors
c/o George F. Douglass, III, Esquire
Saidis, Shuff ,Flower & Lindsay
26 West High Street
Carlisle, PA 17013
2. Name and address of each Defendant named in the judgment:
Jacob T. Hodge, Jr and
Sheritta A. Richardson, Executors
c% George F. Douglass, III, Esquire
Saidis, Shuff ,Flower & Lindsay
26 West High Street
Carlisle, PA 17013
3. Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Redevelopment Authority of
the County of Cumberland
114 North Hanover Street
Cazlisle, PA 17013
Palisades Collection LLC
210 Sylvan Avenue
Englewood Cliffs, NJ 07632
4. Name and address of the last recorded holder of every mortgage of record:
The Bank of New York,
as Trustee, Plaintiff
3815 South West Temple
Salt Lake City, UT 84115
5. Name and address of every other person or entity which has any record lien on the
property:
None
6. Name and address of every other person or entity which has any record interest in the
property and whose interest maybe affected by the sale:
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17103
Tax Collector: Robin Sollenberger
5 Hill Drive
Carlisle, PA 17013
North Middleton Authority
Sewer Authority
240 Clearwater Drive
Carlisle, PA 17013
North Middleton Authority
Water Authority
240 Clearwater Drive
Carlisle, PA 17013
7. Name and address of every other person of whom the Plaintiff has knowledge who may
have an interest in the property which maybe affected by the sale:
Tenant/Occupant
849 W. Louther Street
Carlisle, PA 17013
Cumberland County Domestic Relations
13 N. Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date: April 11, 2006
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY:
Barbara A. Fein, Esquire
Attorney for Plaintiff
Attorney I.D. No. 53002
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen D. Little, Esquire / I.D. No. 79992
Jacqueline F. McNally, Esquire / I.D. No. 201332
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
THE BANK OF NEW YORK, AS
TRUSTEE FOR THE HOLDERS OF THE
EQCC AS5ET BACKED CERTIFICATES,
SERIES 2001-1F,
Plaintiff,
v.
THE ESTATE OF JACOB T. HODGE, SR.,
DECEASED (SURVIVING SPOUSE), BY
AND THROUGH THE ESTATE'S
EXECUTORS JACOB T. HODGE, JR. AND
SHERITTA A. RICHARDSON, UNDER
PROBATE N0.21-2006-0030, LETTERS
TESTAMENTARY HAVING
ISSUED ON FEBRUARY 23, 2006 ,
Defendant.
File No.05-12918
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. OS-5711 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Jacob T. Hodge, Jr, Executor
Sheritta A. Richardson, Executor
c/o George F. Douglass, III, Esquire
Saidis, Shu.ff, Flower & Lindsay
26 West High Street
Carlisle, PA 17013
Your house at 849 W. Louther Street, Carlisle, Cumberland County, Pennsylvania is scheduled
to be sold by the Cumberland County Sheriffs Department on September 6, 2006 at the
Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania, to enforce the
Court judgment of $103,500.00 obtained by Plaintiff,. The Bank of New York, as Trustee for the
Holders of the EQCC Asset Backed Certificates, Series 2001-1F, against you.
NOTICE OF OWNERS' RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. This sale will be canceled if you pay to Plaintiff Mortgagee the back payments, late
charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may
call Dionne Winstead at (215) 653-7450.
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the Judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stogy 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 notice below on how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND
YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES 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 Dionne Winstead at (215) 653-7450, or by calling the
Cumberland County Sheriffs Department at (717) 240-6390.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount bid in
the sale. To find out if this has happened, you may call Dionne Winstead at (215) 653-7450, or
by calling the Cumberland County Sheriffs Department at (717) 240-6390.
4. If the amount due from the buyer is not paid to the Cumberland County Sheriff, you
will remain the owner of the property as if the sale had never happened.
5. You have the right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal
proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A
schedule of distribution of the money bid for your house will be filed by the Cumberland County
Sheriff on or about thirty (30) days from the date of Sheriffs Sale. This schedule will state who
will be receiving that money. The money will be paid out in accordance with this schedule unless
exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after the distribution sheet is posted.
7. You may also have other rights and defenses, or ways of getting your house 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.
Cumberland County Court Administrator
4th Floor
C~.zmberland County Court House
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6200
ALL THAT CERTAIN piece or parcel of land with the improvements thereon erected situate in
North Middleton Township, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING at a spike in the center of West Louther Street extended; thence by land now or
formerly of Frank A. Burr, et ux, North 18 degrees 46 minutes East, a distance of 363.8 feet,
more or less, to the corner of Lot No. 3 of the "William Fraker Lots on West North Street",
which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Plan Book 6, Page 9; thence by Lots Nos. 3 and 4 of said Plan, South 79
degrees East, a distance of 82.7 feet to a point on line of lands now or formerly of Nedwell
Anderson, et ux; thence by said Anderson lands South 18 degrees 46 minutes West, a
distance of 363.8 feet, more or less, to a spike in the center of West Louther Street extended;
thence by the center of West Louther Street extended, North 70 degrees 34 minutes West, a
distance of 85.9 feet to the place of beginning and being improved with a 2 story-frame
dwelling house and detached garage known as 849 W. Louther Street, Carlisle, Pennsylvania.
Tax Parcel #296-20-1794-003
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO05-5711 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE BANK OF NEW YORK, AS TRUSTEE FOR THE
HOLDERS OF THE EQCC ASSET BACKED CERTIFICATES, SERIES 2001-1F Plaintiff (s)
From THE ESTATE OF JACOB T HODGE, SR., DECEASED 849 W. LOUTHER ST.,
CARLISLE PA 17013 (SURVIVING SPOUSE), BY AND THROUGH THE ESTATE'S
EXECUTORS JACOBT. HODGE, JR. AND SHERITTA A. RICHARDSON, UNDER PROBATE
N0.21-2006-0030, LETTERS TESTAMENTARY HAVING ISSUED ON 2-23-06, C/O GEORGE F
DOUGLAS, IH, ESQ., 26 W. HIGH ST., CARLISLE PA 17013.
(1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE
LOCATED AT 849 W. LOUTHER ST., CARLISLE PA 17013 (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 gamishee(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 duected to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $103,500.00
Interest FROM 3/117/06 TO 9/6/06 - $2,925.72
L.L. $.50
Atty's Comm
Atty Paid $136.00
Plaintiff Paid
Date: APRIL 18, 2006
(Seal)
Due Prothy $1.00
Other Costs
URTIS ONG
Prothonotary
By:
Deputy
REQUESTING PARTY:
Name BARBARA A. FEIN, ESQ.
Address: 425 COMMERCE DR., STE 100
FORT WASHINGTON PA 19034
Attorney for: PLAINTIFF
Telephone: (215) 653-7450
Supreme Court ID No. 53002
Real Estate Sale # 41
Q
On May 30, 2006 the Sheriff levied upon the
defendant's interest in the real property situated in
North Middleton Township, Cumberland County, PA
Known and numbered as 849 W. Louther Street,
Carlisle, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: May 30, 2006 By: cJ ~ ~ ~ S~
Real Estate Sergeant
b Z ~b d S - J,~YJ 9DOl
,17 c; r,i'~;iiUJ :iii 1{ iv:lCiu' i~,.s
~~i~~~-~s ~w~ ~o~~i~~a
~' SCHEDULE OF DISTRIBUTION
SALE N0.4Y
Date Filed: October 06, 2006
Writ No. 2005-5711 Civil Term
The Bank of New York, as Trustee for the Holders of the EQCC Asset Backed Certificates, Series
2001-1 F
VS
The Estate of Jacob T. Hodge, Sr., Deceased (Surviving Spouse), by and through the Estate's
Executors Jacob T. Hodge, Jr. and Sheritta A. Richardson, Under Probate No. 21-2006-0030,
Letters Testamentary Having Issued on February 23, 2006
849 W. Louther Street
Carlisle, PA 17013
Sale Date:
Buyer:
Bid Price:
Real Debt:
Interest:
Attorney C
Total:
$106,561.72
DISTRIBUTION:
September 06, 2006
Hanan Awadalla
$104,000.00
$103,500.00
2,925.72
osts: 136.00
Receipts:
Cash on account (05/19/2006):
Cash on account (09/06/2006):
Cash on account (09/22/2006)
Total Receipts:
$ 1,500.00
10,400.00
98,843.78
$110,743.78
Disbursements:
Sheriff s Costs
Legal Search
Local Transfer Tax
State Transfer Tax
Robin Sollenberger, Tax Collector
Attorney Barbara Fein
The Bank of New York
Total Disbursements:
Balance for distribution:
So Answers:
~f~
$2,911.11
200.00
1,481.89
1,481.89
1,635.27
1,500.00
101,533.62
($110,743.78)
0.00
R. Thomas Kline
Sheriff
{.
TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY
EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED.
SHERIFF SALE N0.41
Held Wednesday, September 6, 2006
Date: September 6, 2006
TAXES: Receipts for all taxes for the years 2003 to 2005 inclusive. Taxes for the current year
2006.
WATER RENT: Company assumes no liability for private supply of water or sewer.
SEWER RENT Receipts to be produced if services are lienable.
MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims.
MUNICIPAL CLAIMS
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated , 2006, and recorded
2006, in Cumberland County Deed Book ,Page
RECITAL: Being the same premises which James E. Heckendorn and Connie Lee Heckendorn,
his wife, by deed dated August 31, 1978 and recorded August 31, 1978 in the Office of the
Recorder of Deeds for Cumberland County in Deed Book "A," Volume 28, Page 220 granted
and conveyed to Jacob T. Hodge and Dolores G. Hodge, his wife.
OTHER EXCEPTIONS:
1. The identity and legal competency of parties at the closing of this title should be
established to the satisfaction of the closing attorney acting for this Company.
2. Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in
area and encroachments which an accurate and complete survey would disclose.
4. Payment of State and local Real Estate Transfer Taxes, if required.
5. Public and private rights in the roadbed of West Louther Street and in the raodbed
of an unnamed public alley.
~~
6. Mortgage in the amount of $78,750.00, given by Jacob T. Hodge and Dolores G.
Hodge to Decision One Mortgage Company, LLC dated May 26, 2000 and recorded May 31,
2000 in Mortgage Book 1615, Page 198. Said mortgage was assigned to Equicredit Corporation
of America by assignment recorded October 25, 2000 in Miscellaneous Record Book 658, Pge
360. Said mortgage was further assigned to the Bank of New York, Trustee for the Holders of
EQCC Asset Backed Certificate Series 2001-1F. by assinment recorded March 10, 2006 in
Miscellaneous Record Book 725, Page 1893.
Complaint in Mortgage Foreclosure filed by the Bank of New York, Trustee for the
Holders of EQCC Asset Backed Certificate Series 2001-1F.,. as Plaintiff against Jacob T. Hodge
and Dolores G. Hodge as Defendants on November 3, 2005 in the Office of the Prothonotary of
Cumberland County to file number 2005-5711. Judgment in the amount of $103,500.00 entered
March 17, 2006.
7. Mortgage in the amount of $15,000.00 given by Jacob T. Hodge and Dolores G.
Hodge to the Redevelopment Authority of Cumberland County dated March 12, 2001 and
recorded July 30, 2001 in Mortgage Book 1728, Page 4449.
8. Building and use restrictions, set backs and easements as shown on or set forth
with the plan of the William Fraker Lots on West North Street, recorded in Plan Book 6, Page 9.
9. Real estate taxes accruing on and after January 1, 2007 not yet due and payable.
It is to be noted that no search of Domestic Relations Records has been made to
determine support arrearages regarding House Bi111412, Act 58 of 1997, nor has any
search been made for environmental liens in Federal District Court.
~~
Rob rt G. Frey, Agent
Note: This Title Report shall not be valid
until countersigned by an authorized sign.
< ~.
.. ~,
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever
since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of July and the
2nd day(s) of August 2006. That neither he nor said Company is interested in the subject matter of said printed
notice or advertising, and that all of the allegations of this statement as to the time, place and character of
publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION ................. ..... .. ~.........................
COPY Sworn to ands s 'b d b ore me this 14~la1 N 060~lrb19YLVAPIIA
SALE #41 Notarial Seai
Terry l.. Russell, Notary Public
City Of rrisburg, Dauphin County
My fission ' es June 6, 2010
/ _ Member enns~ly Association of Notaries
NOTARY PUBLIC
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all Legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
July 21, July 28, and August 4, 2006
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Marie Covn Editor
WORNfiO AND SUBSCRIBED before me this
4 day of August. 2006 _
NOTARIAL SEAL
LUIS E. SNYDER, Notary Pubfic
Carlisle Bora, Cumberland County
t41y ~orrmission Expires 144arch 5, 2004
ARAI, $BTATt Bu.E PW. 41
Writ No. 2005-5711 Civil
The Bank of New York, as Trustee
for the Holders of the EgCC Asset
Backed Certificates,
Series 2001-1F
vs.
The Estate of Jacob T. Hodge, Sr.,
Deceased (Surviving 5pouse), by
and through the Estate's
Executors Jacob T. Hodge, Jr.
and Sherttta A. Richardson, Under
Probate No. 21-2006-0030,
Letters Testamentary Having
Issued on February 23, 2006
Atty.: Bazbaza Fein
ALL THAT CERTAIN piece or
parcel of land with the improve-
ments thereon erected situate in
North Middleton Township, Cum-
berland County, Pennsylvania,
bounded and described as follows:
BEGINNING at a spike in the
center of West Louther Street ex-
tended; thence by land now or for-
merly of PYank A. Burr, et ux, North
18 degrees 46 minutes East, a dis-
tance of 363.8 feet, more or less,
to the corner of Lot No. 3 of the
"William Fraker Lots on West North
Street", which Plan is recorded in
the Office of the Recorder of Deeds
in and for Cumberland County,
Pennsylvania, in Plan Book 6, Page
9; thence by Lots Nos. 3 and 4 of
said Plan, South 79 degrees East, a
distance of 82.7 feet to a point on
line of lands now or formerly of
Nedwell Anderson, et ux; thence by
said Anderson lands South 18 de-
grees 46 minutes West, a distance
of 363.8 feet, more or less, to a
spike in the center of West Louther
Street extended; thence by the cen-
ter of West Louther Street extended,
North 70 degrees 34 minutes West,
a distance of 85.9 feet to the place
of beginning and being improved
with a 2 story frame dwelling house
and detached garage known as 849
W. Louther Street. Carlisle, Penn-
sylvania.
Tax Parcel #296-20-1794-003.