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Home My WebLink About02-4760McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A. As Trustee 10790 Rancho Bernardo Road San Diego, CA 92127 John E. Myers 9 Paradise Dr. Carlisle PA 17013 Cumberland County Court of Common Pleas Number 1047 0 (Liu,(. vz-1. CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and ajudgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. AVISO Le ban demandado a usted en la torte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de Is demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a Is cone en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, Is corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A. As Trustee 10790 Rancho Bernardo Road San Diego, CA 92127 Attorney for Plaintiff Cumberland County Court of Common Pleas V. John E. Myers 9 Paradise Dr. Carlisle PA 17013 Number DA - N7(,6 (2 t . "C_T9_4 .M CIVIL ACTIONIMORTGAGE FORECLOSURE Plaintiff is Citibank, N.A. As Trustee, a corporation duly organized under the laws of and doing business at the above captioned address. 2. The Defendant is John E. Myers, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 9 Paradise Dr., Carlisle PA 17013. On 02/21/2001, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Advanta National Bank which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1673, Page 870. 4. The aforesaid mortgage was thereafter assigned by Advanta National Bank to Citibank, N.A. As Trustee, Plaintiff herein, by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 9 Paradise Dr., Carlisle PA 17013. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance Interest 05/01/2002 through 09/23/2002 (Plus $ 11.14 per diem thereafter) Attorney's Fee Corporate Advance Late Charges Cost of Suit Appraisal Fee Title Search GRAND TOTAL $ 45,204.33 $ 1,626.44 $ 2,260.22 $ 108.25 $ 170.06 $ 225.00 $ 125.00 $ 200.00 $ 49,919.30 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular and certified mail. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $49,919.30, together with interest at the rate of $11.14 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. TERRENCE J. McCAH , ES UIRE Attorney for Plaintiff /" VERIFICATION The undersigned, Thomas R. Stewart, hereby certifies that he is the For#closure Specialist of the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. T OMAS R. STEWAR Chase Manhattan mtg 9/10/02 1:45 14-727-003.114-727-003-000F ABBA ABCostblD, IMML TO: Adveaa Aatienai Bank 10720 Rambo Berrwrso hoed son Diego, CA 91177 afflut DOCO WT 0011Tmr, Pued Numbon PAGE 9/23 RightFax CERTlflfo TRUE ONO r,ORRECT COPT Of ORIGINAL BY I9pm Atv .7 hr,. FwR.ewdi.a o.,.) MORTGAGE TM MORTGAGE ("Sxm* lammmw') u lfvm do 9abcwLry 21, 7001 .71t6 m0lpp. is i ms B xr=$, BIAOLB ('Bonv,W). Thh Serenity h *mmaa is Riven to Advanta Datiocas Bang whidt is ordmiaad and asitdng ands the iaw7 of DA27BD StSt 09 AMIM Zrdwbopt AWM D C/O 10710 rancho 9s964940 tassd, Ban Dialso, G 92127 ClsAda "). Borrover owes Latdm the prLlolpaf mm of MT. W= 7'BWBaAD am AIDBIR>m a 00/100 Dollsa (U.S. $ a9.100.00 ), Thu dVx Is cvNatcsd.by Bwowa'a am doled dw sane dde m this Swxby Swop AR ("Nw"), ttdtich pmridoe for mmddy paymmw, wbh fw roil d*6 if cot 9aN as5x, dot tad payrmie oa taarch 1, 2011 . Tbia Stipahy iathummt Moues to Ltm00r. (m) the rOpgo mt of die debt ovNaRBd by ft Nast, wfth hdaut, aM dl mwwde, atmfi0O9 atd modlfimd m of dm Nacre; (b) de payment of an o0w swan, widt ad"wL sdvmted undo patsgegdt 7 to ptouu Me Umolky of dtis Somft IatmunmrAz and (c) the pafammc4 of Baovwa's covewm u and adtomm" mdu ibis Saadhy bwwnalard Ow Now. For ft purpore. Bormwm dome hereby ftW4 ere, great atd Movey to Indw dw fopowi0d desetibe0 property located lo Mumberland Coma, Pm mhwia: All that trsot w paeeal of laud as shown oB Bohaduis •A• attached bereto which is incorpotated berain and gad a p"t hazWL. wfdeh hu On ad&m of 9 pnmxsf DAM , chnidfm Pmmylvaoia 17019 tytr c.&1 ("PtepoM AddmWr. ?O MYLYAMA • ainal. FaT9y -HURAt MMU Y10FORM IMBTRUBONf Fem "" ono 1101, wantw... a ..... a*4w ' t A9BAB t:i21n19Cc Itn? c yl, oml Chase Manhattan mtg 9/10/02 1:45 114-729-003:114-727-003-001F oeee. a ., e009,0320 a! JOIN V. Was PAGE 10/23 RightFax e VA"alec Mtn Ch UR.S. V& ITJ3f Cv.be.imd orrery KUXIM 'h' AI,S two, tw loco sad CTe iepro+ ftte erected tb.rem sttvett I. Mlmlme. Toonohip, J.D. at. C.rlt.le, tV.besloM Canty. C..ae,.aelth i,{.1MYPL17ViM.0?>i?6P!ePT.dwi/74iL?J3.f7 [atie??. __ . neattwd fevfsed Aga of Later LWvhda on the mu IT W4 MO. IT, ee said Plant m the volt by lose eee or Co. IT at racer e/ilMm a" M the forth by tot da 14S m mid Plan. min Wry loo) feet I. freer m saLd Pa "i" veed WA eetesdtp in death M ..ew +Ldt\ free the dancer line of mid toed Soo feet, vote ee 1e.e. 14411 1 Chase Manhattan mtg 114-72a-003, 11'4-127-003-002F 9/10/02 1:45 • PAGE 11/23 • RightFax TOOEMISK WITH all die Impovernak now or bereatta Uw W on the property, and in msunenb, gmmumoom and rrattaea now or herafmr a part of the property. All reirkocvomu and addwm shall Ww he oowjw by dih; Security lamumani All oI me foregoing if rdaned to in this Seetalry h atnmimt an the •Pmpcrw.- BORROWER COVENANTS dtM Borrower it kwMy mined of Me awe hereby conveyed and has the right to mortgage, grant and convoy the Mop" and that der Iiopwty is aneeormbersd, eaapp formoural rmm of coml. Borrower warmak and will delad generally the title to the Property against W ckidM and demuda• mb*t to my orwomblertxa of record. THIS SECURITY INSTRUMENT combines uniform Covenants for allot am and nOn•mdform cove arm with limited vanamn by iurYdkdon m conmmm a wifbns Walfty Mtoumenm•ciag and prowzW UNMORM COVENANTS. Smower and lends covenant and Won at follows: 1. Payment of Principal and I terms; Pnpaymml aid Late Chaegp. Borrower shell prompdy pay wbm due dw ?? - _. .. . ally lwr p fe Y it<I,M ii[ YMA ili,f YMY•.....e-. +t ?`+-? ?, er.r. r...-. .•,. .. .? .-.. ._. _.• _. .. Lender on dw day mnVly payrtmk we due under to Nam, until the Note is paid in full, a wan ("Funds) for. W yob nom and ammmn which may twin Xw tr over Via Security Imonmmt ae it Bra cm the f4operty; Ole) yearly leladmYl 1 or ground rang n tax Propmy. N any; (c) Y=iy hanad on ptwpaq irAWO a premalmu: (d) yearly flood muaama parduak. If or, (a) YmrtY mhntgawc immmx irmot m, If my; e d (f) my wmr Parable by Bwowar In Leeds, in auadmo , with do pmriaau of 1mwg Wh it in tied of the, payment of mortgage inmrmee premfmm. There imn am called 'Faasw Rum Lender may. ar any dme, collect lad hold Worm in an amount not m eaCOW Me mulmum amount a U dar for a fedadly related mmyage mm may segabo for Borrower's mceow account ands ft federal Rat Ems S mkmem Ptoodara Aa of 1974 an unnded from time to done, 12 U.S.C. Section 2601 et arq. (MESPA"), union another law dm Von m tiro Atada aid a lama mttmtu If m. Loalm may. at ago tier. caa ad bold Amin M an mom eor to email ire lemar amount. LaMar may eatimme flue turaAed of Aatda dun an the bank of co to data and ream dk admam; of capandimm of (lager Pataow Laws a Wmwla In accordance with eppiicable law. The Panda drag be held in an iMtlWtlon wfom dopmia ara inaurad by a *&M agency, inmummuft, or atity CamMding L,mdcr, If Wader b tudh an tutlmdoa) or m goy Padcraf Nang Lae Bank. Lanier AWI apply dw I=& to pay, die Bacrow gm nar+ow Intro, dmlal Lamar yell swiaow wwult era, rah CUOMO am w wtwwu tan vwnnu wont w oven van a nap.. FfoweM, herds may require Barowa to pay a one-One c6arga for an i depndennt gal cam ere rapati ll mrvica mod by [.rider in emmae0on with this loco, wlem applicable kw provida odu rvrin Unka an agreemae u node or npphpaW Low aaquoee kmaear to be paid. Inner shall nor be ragaired no pay Boroews my Wareet or anioge on de rwmda. Borrower and Leads may agave in writing, bowetva, that lumvet Ntah be paid an the Punch Lords shill give to Benower, whbeut charge, an . , a gee mrft of be Ponds, showing ere 5 and labia m dx Pmv& and dx purpem (a whin aa.O deb[ m dw Fun& wan made. The Prods m pledged a additional security for all sums mused by bk Security Instrunutot. If the Pods 6W by l.ada meauf the mask pe ndtall on be held by appllable law, La du dC aCCOaI to Boower for the monot Puadl in axoMance with the regelrarnam of applicable law. If tm moat of der fruads Mid by Lauds ar key Von Is not mKcia t to pay de Escrow Intro who der, lads may m ondfy Borrower in writing, and, in rich cane Bmwwer *AN pay to Lender the maul awry, m ads up the deficiency. Borrower " make up fie ddlelarcy, hin no mere tan twelve am")eyntalk. M Lads-5 sole damedoo. Upon laymen in full of all am smu'W by thk Security Inmanera, Leeds shall panpdy tdmd to Bomows my Fw4 knid by Lmkt. IL under pwW* 21, Leader shall mgmiv of all the Property. Lender. poor An tlo m"W is of Or of Ve • ?. ... r.s .. ?..n+.i? .s ? ..aria ?? +.. ?.r w. a.n. Senaf(y iroitwtotl S. App0adm of Payamet. Udas spplicabk kw provlda mbawim, all payntobti received by launder ands psagrWha I and 2 bop be appEW: fkft to my prapgmcal dmga der under be NOW let. d, to anounb payable attar parrgyaph 2; dud, to i nereat due: fama6 to wincing dua; and last, in my bb clmga due under tM Now. A. Ckarymi Lima, Borrower otE pay all man. nummana, clogs, fits mad inrI id, A amibukWa m the Propay which mg dada priority over %tk Security Iatmuneat, and kmdald pgmmk or pound anti, jr any. Borrower ban goy bane obligation in the manner provided in paragraph 2. a if amt paid in do tnmam.Banrowa theft ply them on tima?mctly m the pawn owed paynem, Borrow ban pu"dy funbb to I.mda all mtfau of aned w to bt paid under tlm psragsaph. H Borrower hmtakea here paynmaw breodY.Borrows belt pompdy fumib mlader ttcetW vrWacing the paynmu. Borrower sled! promptly discharge any Doh which ho priority over Vb Security hukvnat mien Borrower. W agates In wt>.wn.y fe de p yomt of dm obtigution accu? I by the lim in a Mms looepkble at Leader: (b) ooraals in good fait/ de Ban by, or defmda egaia enforcement of the Ben M. kget paooc"Ns which to The Leader's opinion Opel Me m pavane taw adorceum( of due Lira; or (c) mcurm from the holder of ibs No an wee man, a ddacuny to Lode: ribordkmMg de lim to ULjVqU Mmu ftt It Lander demmi ev than mat of to PrWq b ri bleu m a lion wfrick may laid priority orgy tab Yw.ww of dslotionmtfw6abovewithkt10daysd0gWV;e(ta AM Paean woo •aalPA)nYret r•e•awt ear MYBRS t'211714cc Chase Manhattan mtg 9/10/02 1:45 PAGE 12/23 RightFax 114-727-003, 114-727-003-003F . .... ._. _. ?.. _..._.....f.-....._... w__....._..Mw..ew...w.:-..w«...n??.?......11.a n?w..?.A.-..+.n..d ..n ,b. q.......... s Anast or ttropwq dBewn11w. Bmawwa Rant ROCP au mnptuvanmtl now oatwng of merwner acoga an uo rnryr+ry insured against low by fire, hands Lwludad within the tom 'extended Covemae" and any other bawds. including floods at flooding, for which Lander requias ins usms This ins rorce"be mtiadrd in the Uneasy and tor 0% perinds 11a Leader requnw. The Insurance corder providing the insurance"be eboave by Bonowa Subject Do Landers approved wwhkk doe not be uAMwr bly withheld. If Borrower We to malnain Coverage described *c,% sander ropy, At Lmdet's option, obtain mverW to prom Lender's too In to Pnpsy in accordance win pwapspb T. AS insurance polirm and reamob old be mepaWe so Lander and doll Include a standard eeesgage clause. Leather deli have the right ro boldthe paiklri and rennwds. U L.anda requires. Borrower ibeB prompty give w l.andor d tuodpb of paid praniuan and ronewd mica. In der event M Imo. Barrows SW give prompt mom to the venamoe caries and lender. Leader may Milan proof a( ion it not made promptly by Borrow. Unless Leader ad Borrower achowile agree be writing. announce proceeds ftll be applied to recommend or repair of the Propergv danogeN If der restoration or repair Is e oma niWy feasible and lender's sac city is not {mnud. U to sormation or rain W am economically fasbk at Leader's seauity would be leashed. thc lalwone procsda doe be applied to dw mns ,E?{.1 ..a c t'?rA Ac• or not mYhm...due..t..we yeatea 90 Barowea t Borrower AWAM d* Lander regy cotkot the Iwnnnce procaek Lender may on tae prooeeda ro npdr or restore be property or to pay some secured by ibis Seem* laanner , whether a not Neer due. Thor 30-day period wail begin, when the notice is given. Unlm Lender ad Barrow othawtils agree in writing, nay application of proceeds to pamipal da11p not aaetd or postpone the 0110 date of the mOnNly PWWAU wf nVd to is pirayrphl 104 a or change 1110 mroum of Our PMAWU. If vdel pasgaaph 21 der Proppeeety Is acquired by Lander. Bonoww's right many bu utence policies and promals roaakig front damage to the Property prior m taw acquisition shelf per to Leader to the even of the now secured by Nis Security fruransat innwdtauy polar to to wquisitm. 0.Occapam7,1%om vada%Ilealrkaaaee red trotecdn of Wes hopstl7 Doi apt lu Leah Appiotlanf f aasshnass. Brower dull occupy, esablW, and ere the Property an BOrtrwer's principal teci0ahee within sixty days after ter axecatlon or this Security Insaumedt and "eonthbae a occupy der Property be Barwe's principal midmca far at lash One year slaw the data of accupoM:y, mien Lender again n or= in writing, which Moment Wines not be uwnannsw withheld, or males exahbaelag Clrarsracw exist which an beyond Bsreower's tan,nd BmOaer lldl bat de0p0y. damage a Impale NePsopap . Wow the Rawly to deteriorate, or ONWIt ors an the napery. Borrower Ad be in dslmh U goy Ibrbtme nation or q?A?f?_ moo: Wusr tape rrrraarry aeee u sou _. .cram er dehmh and moil , as pemlded In pasgspln It by causing der action or pxoceaft to hs?distaksed with a rang Nor, N Leader's good felN delaminabn, preclude Motion of the Barwer's warast se the PrpRly, a other material b 9drinont of aw berm erased M Nlo security Instrhahsat w [Aedera aeaWty etaeat. Barooer shell elan be ? defaal g ltonoww, dreg der IOan application procm, gave materially false of inaaam io(mmada11 or aaunehp to Leader (w tided b paw* fender wnh any material emroaion) in osmmaction with ter ham widerwed by der Now, nndadtag, bet not Bailed 1o, epweaa6er10 xaneanYg Bunumes amca cy of the prop" r a PWihwipal madanea. It this secuity bsnasupa is ao a kabliold, Borrow aiWt cahnpty with at the provisions of the love, NBomower scgohee fee alle so the Papaya, the teasebold and Ow fan Win sia8 not mete unit= Lades agrees to ter maget in writ. 7. Protection of Lender's BIgW he *a Property. If Borrower fade to perform the toverhexs and apemma canaiaw in this Security tna,.oau, or tae is a legal proceedag the may sigaifwady affect Landoes rights in to Pmparq- (soot a a pfd a bedurapur. proDae, for con6snaim or fwfelaw or 10 eamrce lows or ragukdonal. than Leader argay do and pay for wlswver is necessary an protect the value of to hapany and Landers rights in Ins Property. Ladwa aakaa baby baclude paying lay same seared by a Bah which ban prian* era this Securiy Instrument, appearing in coat, pelt nraan936 :•.?„' sn'hd ,- ?a^' «, rr aw.?,w r sea ,...r,e Akhomwh tadR hwv lake action ode the oaaaanh 7. Leach am "Or not to sib Hr. Any soowa dab¢aed by landx under thk paypaph 7 Wfsll become odMtaW debt of Itorrowa aecurd by Oak Seamy Irtrummt. Union Borrower and Lander same to other sour of paymrnL Noe manuals shall but laterwt Berm the doe of dlobaxmua as the Nate rate and shag be payable. with Wants. span .coke from lands a burrower aqm* psy no t 9. Mortgage insurance. If Lender required baggage hdurom be a candidm of rn"S the loan sawed by this Security hanltatant BasOwer shall pay the premiums roghpftd to maintain the nxgm insurance In effect. If, fa my saran, the mwtpge know anon coverage required by Lander hpnt or eery to be in direct, borrow shall pay to peemio a egeimd to obtain cowags suMmmial(y equivalent to Oho Mortgage, Insurance prcvicusly in affect, at a cost dally egtdv*m m der OW ID Borrower of the mortgage wwaae "mob is OWL ftore m alesnsn nwrtgage iwc approved by Lander. If ebaur11si[y agevdent norgage ineura ce covaap a out avotdle, Borrow dot pay to Lander each bamlh amen egnsl m One•twCdth of gar yearly Morgans b Maw precoluba Dart paid by Bmowar when tier kwx* a Coverage lapsed or cawed to be m offect. Lender will wcept, use and resin these paywts an a low mearvs in live of mortgage Insurance. Leon reserve wan-.?.....? .?..?. berba a0 11=11 C 21173acc Chase Manhattan mtg 9/10/02 1:45 PAGE 13/23 RightFax 114-72i-003: 114-727-003-004F paymcou may no VW be required. at tle option of I.mdcr. if aprtgage Iels MECO erlvwrage (m the amain wd fa dw period dW Lender f9gswes) provided by an iasma approved by colder again beeaw avaflabk and is obabnd. Borrower dWi pry de 9?sg.PB.v .6 '?-n4ubr°!na^t !or °!?rrR?'.? 9. Irpedfou.. Lendw or to .gem may make reasonable atlas upm dad :npecdons of We Property, Lender shag g(ve Borrower dada w then dme of a prior to m aspeabn gnUyird reawnble were aw du inapeWou. It Caedeatudw The Woow& of any award or claim for damages, dhwt or ooaaegam W. In wnmpfon with wry wndanadon or odor Wdag of any part of tae Pro", or Ihr =wyams in You of cnndentaidaw. are bereby mow and dub be paid to Lender. In ate two of a OW ukiag of dw hopaty. the pruc ole .ball be applied to the sumo wuaued by this Swu'q Ltmve not, wkeWer or not dww dw. wtN any aaaw paid 0 Borrower. M We event of a pa tW Wing of dw Property i f whick the fah nmI value of the Property broucCO ly befat de atk'IRg if cyad w or gnwta dmf dw amend of dw sou wooed by"Ser city Inayuraaa inraedWaly before dw wkmg, wdaa Donower wd lender odwwim Mm m wrong, dw suou .cued by this SwA* loanmad .hall be redncad by the mtoum of de pocoods roawplied by the following bacdun: (a) do man aaotmt of the acne waxed kaeedawy blot de Wan& divided by (b) the Lbw re.riwe vahw of tlw Raperty mwwdiN* beta. We alamg. Any belmos duff bo paid m Borrower. In de moo of a pwW akag of Ws Rupert in which dw hi mutt value of du Property aemediaely before As raking i bra to the amain of die amt adored urmcM iy betas dw ukmg, enku r-fT .?v? 1. +.n.:.r.-W ww?.+?4.aaa Ir ..MWfn Ma Suva laludd ey toll xwul aulnl"L w'l"wl a oD Ina swab wa worn tar. B the Property Is sbandon l by Bar o . or IF, after node by Lander to Borrower the die =&ama offm to mob ao awwd a aeak a ekthrl for dsmagm Burruwa figs m wspoad to Limmr withht 30 days dmr the due da aodm L givae, l andw is aorbodmd m must and appty aw proceeds, w is up" aWwr p nawradm or repair of dw Roperq or m On sane waned by W4 Secur y lawummL whWa or na rhm dos. Uaiew Lads and Dowwwer ahwwin "In wri ft any ppkwkn or poceau to priocrial strait dot awaad or palpow the dw more of the mwddy payroma referred w In paragraphs t and 2 ordimp dw mn=K of such psyn"*. 1L earfewer Na Relunall Fwbmaaa y Leader Nsta Fairer. Uemlion d dw time to paymna a amddkadm of waoldsl , of then mou nozed by Inds Sworay haesesaa gnawd by Leads W my nooasor In hllwew of Bam war dwil nor opetCO 10 "Ic aae Wes mmmty, of to odamal Borrower or BMowd'e mcaasos in baadl lade dW1 noc be rqumcd m commmoo prooeedws aim way sucawsa' ih iatasa a refine b exead tlae ewpayntmt a otlwrnew+oodify smol6otiau of dw mms amid by du Sorority Lmymcent by ream of try daslnd roam by the od4bul Boaa7/K a BorrowvYa aneeraaat m kaamm. Any fertowwna by L.erdcr hn munlimg my right or remedy .bait tort be a waives of at VwWft ft ameba of any right a mere ly. .? .?? ?.....r {wr.?? w... fem.. .?....w? ..a _. ..... ..._,......._ _.... _?s.... ..w... .-. ?~'.. .... ... ......ice 'r' Seatrmy Awimat MR wd mid Mai a1 ktaxafam LW ullgat of LOW am BMW. 1 0)ata tD tiro ptdfam dr parapaph 11. Borrower's cummu wd agrecumn shill be joint and mvaaL. Any Stamm who t*4igro Wier Steady hrmmltrnt but does rot eawue do Now (A) Is eet-Slphq Wis Security h ae ment mly to nwrt q% grant and omrvey Wa BDmwer's Waft in dw Pwpoy radtr the termw of We Security hlsoummt (b) is as peraaWly ob%wad to pay We soar moored by dla Seewiy iromuranr and (c) agree dm Larder and say ndlw Sawyer may &I= w va=c mpolfy, retbrw or Make ply swmpodaimf wkn tegwd to ft emm of ads Swarky lnwawmt or the Now wiWout *a Bawwer'a mm m l3. Lam Cberlm If the bur secued by" Security lowunwnt L mb)at to & law which sea aw units lam dwAa, wd Ww her it fmdly t orpmwd w da to a in or alwr bur d wS%wmaued or to be cobomd is comecdoe wkb the tom CMW l be pwral BDtw. Wes: (a) ally such fan tbwgs dorm be rtioced by de amount noes wy to valwe due eWp w de pawuwd long and (b) my awn shady mmwad lion Salower which eacaemd pwmhwd lwia wdl be rdmW W Borrower, Leda Day d mw m make Wier ,fund by reduthtg At pbefpw owed wow de Now or by nudlnl ¦ direct payment ID Borrower. If a A(W4 reduca pfinelpw, de reduction will be toad a a pouf prepaymo t wbhmc my pWq=a dlwV undot aNas. IL Ndks Ail nno! ce to !2=w io ''fed fa is WS Security Inmu new shill be givac by drSvaft it or by aWling k my cos addtew Smoww u ap*a by eatee to tsnda. Any tuba m trader dd be /WM by shat dew edl to Lender's addrew awed bwem at ray odta addRw l.adef designed by .odor to Sanwa. Any In t provided Pot in tha Sa lusty Imtummt doll be dealltd tobavobem given lo Barowor or Loft ohm gtvm a provided in Us pwagfpb. IL Governing Laver Severo Wry. Ibis Swuity Imwuneat loll be governed by federal law and dw taw of WC * Wedou la whkh the Property to 10atad. In dw rust Inc my Novisfa or clause of this Secwiy bwwwa or dw Note cmdbcb wA ppBcW* brw, aab caltBa dam as .Rea other provision of to SwuKi, ImtuDat a die Noe which em be grim A= wwmw 00 tmlticdug provision. TO die tad dlt poviOm of bats Seouttty Imuwamt wd We Nok we datbrsd to be wvwd*L ontPA)(a m V.,40, porn Wl- C3229711CC Chase Manhattan mtg 9/10/02 1:45 PAGE 14/23 RightFax 114-727-003: 114-727-003-005F 16. Berroweem Copy. Borrower Shag bo giveA one coamrmod copy o(da Note and of this Seem* ksmo nL 17. Trasdr off" Ptaoab err a llewfichd lokreK in Borrower. U SA u ant pot of 6010pvty ce my 1n?am in it b old or uanr(atad (err If a bmdks l inwo t in Borrower is Ross or tmkr cd and Hartowu is nor a aatow pion) wow l mdw'1 prior verism comas, Leader may. u Its option, require ImmediSM p lavoi in full of in sums secured oy em Security InKnpamt xowwa, ft option sW not be wwcaod by Lards If exaske a pobibiled by toted law a of she dam of thin s [.mimmument. dQ exactor dote mim. Lwrda WISH Rive wso o nobut or rrdaation. The educe"wovide a eetIod of natm City7asaumeet wahaatfurdrer mote a demmd an Botmwar. earve5 fthf In Rdmtote. H Borrower mss cows mrditiom, Bmtowof *4 love Oro Aght to have 1 of 616 Baaft tmmarear QYomdsuad at any amt prior b ma eadiu of: la) S drys (a Itch otlar paibd as w ray specify for mkottm arm) bdua ace of dw Property passant a any Few& of ade saulned in rho Satsiry or (b) may of a ytdpmnt eafa ft dtb Seca" (m4mmL TMea eoodkim are dw Bamwer: (a) pays Leda cal Om words ba due ruck Oro Secaby bw& mss ad did Nor U If so aecekmdm had eecdrwd: (b) carer any ay o01a covamam a optic o ssa, (c) pays an ampoom iscueod is Wareing tbb Swority W ursoM locita g, but R eaaaanaWe urarryyaa'fear sad (? ate antis acim u lama tdq talor?ty realoae to aaltae OhB Orbm d Ode ramhmL f medal tl`Aa In Or Property and Bastwer's ab1pliaa to pay Oa rum mcwW by 0o Security shag continue uradaaraged. Upon "inn mnmt by Borrower. data Stormy Instrument and do oblipdom soaad mluab 01Hy aHartiYa as if no wooki don fad aC WrK Howom on tight to rabtsra da9 real apply in be sac or mtdapoyryh 17. r of leap Chang d Loan-Sur jw. The Nat a ¦ pallid intaea m ON Note Uegealha en0 thIn Sese4b a aid-Load 5"VVW) mat Comm mamty arc wgm aK rise as as Somm" lataanlela There arc Rays oars Lrltf pjqfLbe Loan Services to a ale of m4 Now If tan is a ctoop q9 dN Lam Samba. Barmwo wall be _ ....?. .".i'.R"?+'+w 4R'=a,--- af==mm =.....n''. aadwn of too two Lam beVM IN alo tdswta b walm ptyntato aauuta ae ohm. 1 no mots wto am V AM Say Me Iafmmak.=,=I& by Rppllsiblo low. 20. 1sanrdm SnWlmoea. Bwows alai act ewe Of Work der preseom, ua, dispoaL amp at rekae of my (iaaadOm StAKmces on or m the property. Baao" 1W M do, nor aMw mywe on to do, amylhi,H sluing to Property ptrw ismIn v of y ftvkwm=W x Low. ?b8 two emnameR da Rot dppFj to the pa:ae, or, IN aassbe =I* Of RAM W9 ttagdaa pmpap. fansaAy [ko{ttlmA to bC ppaprLle to toabd raideatid usw mdeo Borrower shah punpity give Lvpdcr wrason notice of any bvesuSo oo. chin, danBtQ, Imult or other ncdon by my govaamatal a ragdaay Of prtvdm pay h+voW ft the Pluputy and my Haadow 3bbwmm or PavaosnmYl Law of which Barowalm acto tawbdae. If Bummer kam, or Is notified by my pariu m i d or reduhmry . *Am q mnmvad r otba Ktaedledm d "?_1--rama,_o?m_ Shmmors anea>? Ae Property in necessary. B®owa tell pro mu z mood In efts paragraph 20. 'Howdom 3t a' am throe s bmakea dafmcd a took or hnWm mlomce by mmkt law and tic WWw" wbromma gadba, katwwe, eAa n mmd* or toxic pnaolsum pmdrca, toxa: m and barbicida, volm'fe aariaw, rmleriala ewtabthg totem a RrnaWrbyde. Ind Iadkaetive rwrstatl As wad io rp71fi M. -Bmhumemm lrf rrm?a (odrsd Im aA Yves ofto )misdbtbn where der 4lopmp is taWeA Uwat reke L 11690 Of mvhmmmtd WWMMmh. NONd1N"WCOVBNAIM, Borrow mod Lender fusEo eovensm Red agree a fabowt 21. Aft&n n'RaeaYa. Leader dwil give Wtke 10 Burrower prior to aasksallaa Mowing Borrower's brmeb or aq wvlOaRt or apeeeemt In this Secray boweaaa Sect ON prior to A, - ',a user paraFWb 17 telsa app%p" law provides aeherwbe). Lewder ".Ray Btwvawr or aeaq altar tAWu W lice *ft 04 %) abn saKm regaled to cam the 6dwAltt (e) wbm the ddaoB leant be wren; abd (4) ON 014101% to can the defooa m fps in Zm roasts be aadwaWa of W woe satrsd by ads SKWILy taunmawt, ferodowe by "" NaeRdYg mad a4 at Ow RWM*. Leader Ilion WOW Inform Barowr at On rigid a r I I I after acederalion abd fist A* to wart In the faralmn praae®y Iba nonKdStna UFO slob or any alte r ddma d arrawr to gst,l ", sad Yneb Os@ K the ddarb k au eras m gecBkd, Lebdw, at b aptbn, sty rsgake baaedlak paywaa In fra K u arras Racers y ft Socorw Iadmmeut wilbod twtbw dsmmd aid may fetekae tw Soctotty howmaaat by loom pvcmfti- Landw sba8 be mtkied to eoBecf an expeaaa loured to priming for reeediw pr~ In Sit pa nw-q& it, brealW, but ad Cadied to, attrgtyt' raw and nor of tHk evWeate to rot stmt parmlead by applicable saw. 22. Rdmaa. Upon paymmt d all sum aecuW by this 3owity batrana t. ibis Security Ineownat ad der came only if"Ye b pad toa third party (car saris toward aid disc thagltg of One fora h pomhiacd enAer applkehle lea. 23. Wd"m Barowa, to me amit pamiaad by applicable Ina. walva and r"m may mor or defects in psceedfr g to edsw tbis 9earity Inownex, dud baeby walva the bmft of wry paeast or future laws providing for Kay of emxatim, aaaeiab of time, atanpoon from varlu mt, kvy and ab, and bomalmd ammpbon. -tMlPala„m rw.snt ~? w cgalas2acc Chase Manhattan mtg 9/10/02 1:45 PAGE 15/23 RightFax 114-727-003:114-727-003-006F 9 • 24. Rebsatcu mt Per" Borrowa'S time to rot uate provided in ptragnpb IS thidl extend to mm hoar prior to am commence tent of biddmS at a Sheriffs sole or tdher aw pwvm le Cie S=dly Inaermu t SS. RmsYhae Money Mortpp. If my of WA debt sound by dde Seomlry Instrument k lent a Borrower to wquhs tide to the pt V", Ihk Sam* Lmtrmnmt Shag be a purdWS honey mOMW U. fiterat Ratr AM ladgmmt Narrower avm dm do kne mt tees pa*lo after n )uddmam is mined on to Nma or In m action of mortpp forwi mm"be ON rW psymbte bom due to dote under do Now. 27. Rldm to thb Security bWumm d. m ens m sere ridai era eaoeuted by Borrower amt tecaaded tosw m with die Secmtty buyement, the eavermam and sgrements of nub each rider "be inesrponwed'snto ad d a mmmd rod mpplew" dm covmmm and tgroeermrm of tlrk Secmiti bamwnmt a if the tida(l) was span of this SeterAy bwmsmd. ( Ad}wt bk RYS RGta LJ [xS mm it n Sews ?I1 tM 7mnuy Kim ? Cffidto d paymera Rider Phnmm Unit Development Rider L-] Biweekly Payromt Rider BtSoon Rider Rate Imptov®ent Rider ? Second Henan Rider VA Rider O other(s) Gpscify) BY SIONBJO BELOW, Bmmwer mccapu mind agrcm to Ibe wen and mve mu contained in thk Swift bormnemn. ad, in anyra?(a) exavwd by Borrpwer and tmatded wan it. (sup -n,.mwx CtayBkate of leddmate I, the wi Tin-abned Maeppe is Wiamm my bmd this day of OF PBNNMVAMA. On dik, the dry of . bttoa tm. the tstduetgned ttmmr, pormidty q"&*d known to ats (m aadww* ptoan) m be V:e person whome mine mbscribed to Ina within instrummt and a*nowledged that scecuted the tans for the IN, I Ie here& oaubtm. IN WITNESS WIMEOF, I hamnb at my hand mW ofrxW meaL MY Commmom Exp:cm: ApmdMwgaps -Ilormwar . do hereby CuOy dent Sr correct addms of county ors 7hie of t)rilmr ??? Oft -4WPA)is4:et noses Fuwstm Sum Ilml Cs2i0720CC 09/17/2002 15:05 8566789465 MONAGHAN PAGE. 05 DESCRIPTION ALL THOSE TWO CERTAIN lots and the improvements thereon situate in Middletown Township, R.D. #1, Carlisle, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows: TRACT NO. I on the West by Paradise Road, as shown on the hereinafter-mentioned Revised Plan of Lots; thence on the North by Lot No. 147 on said Plan, on the East by land now or formerly of Lester Billman; and on the South by Lot No. 145 on said Plan. Being fifty (50) feet in from on said Paradise Road and extending in depth as even width from the centerline of said road 198 feet, more or less. TRACT NO. I BEING Lot No. 146 on the Dale Fetrow Revised Plan of Lots which said Plan is recorded in the Recorder's Office at Carlisle, Pennsylvania in Plan Book No. 3, Page 103. TRACT NO.2 on the West by Paradise Road as shown on the hereinafter-mentioned Revised Plan of Lots; on the North by Lot No. 146 on said Plan; on the East by lands now or formerly of Lester Billman and on the South by Lots Nos. 25, 26, 27 and 28 on said Plan. Being 62.6 feet, more or less, in front on said Paradise Road and 173 feet, more or less, in depth along its Northern Boundary Line and 173.5 feet, more or less; in depth along its Southern Boundary Line. TRACT NO.2 BEING Lot No. 145 on the Dale Fetrow Revised Plan of Lots, which said plan is recorded in the Recorder's Office as Carlisle, Pennsylvania, in Plan Book No. 3, Page 103. V (J ? w O 1 } 4.:J 1 IT 0?0 SHERIFF'S RETURN - REGULAR CASE NO: 2002-04760 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK N A VS MYERS JOHN E RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MYERS the DEFENDANT , at 1906:00 HOURS, on the 22nd day of October , 2002 at 9 PARADISE DR CARLISLE, PA 17013 by handing to JANET SHOOP, FIANCEE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18 .00 Service 6 .90 Affidavit .00 Surcharge 10 .00 .00 34 .90 Sworn and Subscribed to before me this G ?- day of 7Z(1v-e-rw?« /12 oo A. D. othonotary So Answers: R. Thomas Kline 10/24/2002 MCCABE WEISBERG 'ONW By: D uty Sh riff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary To: John E. Myers 9 Paradise Drive Carlisle, PA 17013 Citibank, N.A. As Trustee V. Cumberland County Court of Common Pleas John E. Myers Number 02-4760 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. X Judgment by Default - Money Judgment - Judgment in Replevin Judgment for Possession Curt Long Prothonotary If you have any questions concerning this Judgment, please call Terrence J. McCabe Esquire at (2151790-1010. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Citibank, N.A. As Trustee Cumberland County Court of Common Pleas v. John E. Myers Number 02-4760 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above- captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 09/24/2002 - 12/02/2002 $ 49,919.30 $ 768.66 TOTAL AND NOW, this day of- IEC- $ 50,687.96 7 -e&NCE J. ICCABE, ESQUIRE , 2002, Judgment is entered in favor of Plaintiff, Citibank, N.A. As Trustee, and against Defendant, John E. Myers, and damages are assessed in the amount of $50,687.96, plus interest and costs. BY THE PROTHONOTARY: McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Citibank, N.A. As Trustee Cumberland County Court of Common Pleas V. John E. Myers Number 02-4760 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA SS. The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, John E. Myers, is over eighteen (18) years of age and resides at 9 Paradise Drive, Carlisle, PA 17013. SWORN TO AND SUBSCRIBED BEFORE ME THIS aRDAY OF 2002. III& Notary Public TERRENCE J. cCABE, ESQUIRE Attorney for Plaintiff NOTARIAL SEAL WICHELLE A. HO City' Of Fhdadegft _y pL Ic ??(HTi!!lic:,rv F?? AArr(?t lg, ;?'f!'?1;. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Citibank, N.A. As Trustee V. John E. Myers Attorney for Plaintiff Cumberland County Court of Common Pleas Number 02-4760 CERTIFICATION Terrence J. McCabe, attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against him/her within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN TO AND SUBSCRIBED BEFORE ME THIg)?DAY OF A? „ Q tt MJklt , 2002. 9 TERRENCE J. $ cCABE, ESQUIRE Attorney for Plaintiff NOTARY PUBLIC 1CHELtE NOTARIAL SEAL A. HOLACIK, Nota J ;,ItY Of , Phdad1 lp Philarh ? --! ?c', ET !?la" ?,_. VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unworn falsification to authorities. TERRENCE J. Mc ABE, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary To: John E. Myers 9 Paradise Drive Carlisle, PA 17013 Citibank, N.A. As Trustee vs. John E. Myers November 18, 2002 Cumberland County Court of Common Pleas Number 02-4760 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber presentado una comparecencia escrita, ya sea personalmente o por abogado y por no haber radicado por escrito con este Tribunal sus defenses u objeciones a los reclamos formulados en contra suyo. Al no tomar la accion debida dentro de diez (10) dies de la fecha de esta notificacion, el Tribunal podra, sin necesidad de comparecer usted en corte u oir preuba alguna, dictar sentencia en su contra y usted podria perder bienes u otros derechos importantes. Debe llevaresta notificacion a un abogado inmediatamente. Si usted no Gene abogado, o si no tiene dinero suficiente para tal servicio, vaya en persona o Ilame por telefono a la oficina, nombrada para averiguar si puede conseguir asistencia legal. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire TJM/cc McCABE, WEISBERG AND CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 Ii II Ins c D iL e , rlj _< `° IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION FILE NO.: 02-4760 Citibank, N.A. As Trustee AMOUNT DUE: $50,687.96 V. INTEREST: from 12/3/02-6/11/03 John E. Myers $1,582.70 AT 8.33 PER DIEM ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 9 Paradise Drive, Carlisle, PA 17013 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: February 28, 2003 Signature :?.± Print Name: TERRE CE J. McCABE, ESQUIRE Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 ri- ?o ?t eg r? .o c 1 \ 1 1I 1 1 ? ALL THOSE TWO CERTAIN lots and the improvements thereon situate in Middletown Township, R.D. #1, Carlisle, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows: TRACT NO. I on the West by Paradise Road, as shown on the hereinafter-mentioned Revised Plan of Lots; thence on the North by Lot No. 147 on said Plan; on the East by land now or formerly of Lester Billman; and on the South by Lot No. 145 on said Plan. Being fifty (50) feet in from on said Paradise Road and extending in depth as even width from the centerline of said road 198 feet, more or less. TRACT NO. I BEING Lot No. 146 on the pale Fetrow Revised Plan of Lots which said Plan is recorded in the Recorder's Office at Carlisle, Pennsylvania in Plan Boole No. 3, Page 103. TRACT NO.2 on the West by Paradise Road as shown on the hereinafter-mentioned Revised Plan of Lots; on the North by Lot No. 146 on said Plan; on the East by lands now or formerly of Lester Billman and on the South by Lots Nos. 25, 26, 27 and 28 on said Plan. Being 62.6 feet, more or less, in front on said Paradise Road and 173 feet, more or less, in depth along its Northern Boundary Line and 173.5 feet, more or less; in depth along its Southern Boundary Line. TRACT NO.2 BEING Lot No. 145 on the Dale Fetrow Revised Plan of Lots, which said plan is recorded in the Recorder's Office as Carlisle, Pennsylvania, in Plan Book No. 3, Page 103. BEING known as 9 Paradise Drive, Carlisle, PA 17013. Being the same premises which John E. Myers and Jennifer A. Myers, formerly husband and wife, by deed dated the 2"d of March 1999 and recorded in the office of the recorder on the 4" of March 1999 in and for Cumberland County in Deed Book 195, Page 407, granted and conveyed to John E. Myers, Single,. in fee TAX MAP PARCEL NUMBER: 21-22-0119-090 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-4760 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIBANK, N.A. AS TRUSTEE, Plaintiff (s) From JOHN E. MYERS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $50,687.96 L.L. $.50 Interest FROM 12/3/02 - 6/11/03 $1,582.70 AT 8.33 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $111.90 Other Costs Plaintiff Paid Date: MARCH 10, 2003 CURTIS R. LONG Pro, thonot (Seal) By: Deputy REQUESTING PARTY: Name TERRANCE J. MCCABE, ESQUIRE Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Citibank, N.A. As Trustee V. John E. Myers Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-4760 AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 9 Paradise Drive, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. 2. Name and address of Owner(s) or Reputed Owner(s): Name Address John E. Myers 9 Paradise Drive Carlisle, PA 17013 Name and address of Defendant(s) in the judgment: Name Address John E. Myers 9 Paradise Drive 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: Name Address Plaintiff herein. Banc One Consumer Discount Co 100 North Pointe Circle 2nd F1 Seven Fields, Pa 16046 4. Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein. Address Banc One Consumer Discount Co 100 North Pointe Circle 2nd Fl Seven Fields, Pa 16046 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name None. Address 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants(s)/Occupant(s) Domestic Relations Commonwealth of Pa Address 9 Paradise Drive, Carlisle, PA 17013 Cumberland County P.O. Box 320 Carlisle, PA 17015 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 or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. February 28, 2003 DATE C '. ??&ENCJE J. MCCABE, ESQUIRE Attorney for Plaintiff ALL THOSE TWO CERTAIN lots and the improvements thereon situate in Middletown Township, R.D. #1, Carlisle, Cumberland County, Commonwealth of Pennsylvania, bounded and describod as Mows: TRACT NO. I on the West by Paradise Road, as shown on the hereinafter-mentioned Revised Plan of Lots; thence on the North by Lot No. 147 on said Plan; on the East by land now or formerly of Lester Billman; and on the South by Lot No. 145 on said Plan. Being fifty (50) feet in front on said Paradise Road and extending in depth as even width from the centerline of said road 198 feet, more or less. TRACT NO. I BEING Lot No. 146 on the Dale Fetrow Revised Plan of Lots which said Plant is recorded in the Recorder's Office at Carlisle, Pennsylvania in Plan Book No. 3, Page 103. TRACT NO.2 on the West by Paradise Road as shown on the hereinafter-mentioned Revised Plan of Lots; on the North by Lot No. 146 on said Plan; on the East by lands now or formerly of Lester Billman and on the South by Lots Nos. 251 26, 27 and 28 on said Plan. Being 62.6 feet, more or less, in front on said Paradise Road and 173 feet, more or less, in depth along its Northern Boundary Line and 173.5 feet, more or less; in depth along its Southern Boundary Line. TRACT NO.2 BEING Lot No. 145 on the Dale Fetrow Revised Plan of Lots, which said plan is recorded in the Recorder's Office as Carlisle, Pennsylvania, in Plan Book No. 3, Page 103. BEING known as 9 Paradise Drive, Carlisle, PA 17013. Being the same premises which John E. Myers and Jennifer A. Myers, formerly husband and wife, by deed dated the 2nd of March 1999 and recorded in the office of the recorder on the 4`h of March 1999 in and for Cumberland County in Deed Book 195, Page 407, granted and conveyed to John E. Myers, Single,. in fee TAX MAP PARCEL NUMBER: 21-22-0119-090 EXHIBIT "A' McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Citibank, N.A. As Trustee V. John E. Myers Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-4760 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: John E. Myers 9 Paradise Drive Carlisle, PA 17013 Your house (real estate) at 9 Paradise Drive, Carlisle, PA 17013 more fully described as attached) is Sheriff's Sale on JUNE 11, 2003 at 10:00 a.n Hearing Room located on the 2nd Floor of Courthouse, 1 Courthouse Square, Carlisle, enforce the court judgment of $50,687.96 N.A. As Trustee against you. scheduled to be sold at i. in the Commissioner's the Cumberland County Pennsylvania 17013, to obtained by Citibank, NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Citibank, N.A. As Trustee the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you cont act one, the more chance you will have of stopping the sa le - (See the following notice on how to obtain an attorney.) . YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Citibank, N.A. As Trustee V. John E. Myers Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-4760 AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 15th DAY OF APRIL, 2003, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A" Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." TERREN J. McCABE, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 15th DAY OF APRIL, 2003. (tt / , &4?? NOTARY PUBLIC kin McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Citibank, N.A. As Trustee V. John E. Myers Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-4760 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 9 Paradise Drive, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address John E. Myers 9 Paradise Drive Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address John E. Myers 9 Paradise Drive 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: Name Address Citibank, N.A. As Trustee 10790 Rancho Bernardo Road San Diego, Ca 92127 Banc One Consumer Discount Co 100 North Pointe Circle 2nd Fl Seven Fields, Pa 16046 4. Name and address of the last recorded holder of every mortgage of record: Name Address Citibank, r eel 10790 Rancho Bernardo Road Diego, Ca 92127 Banc One Consumer Discount Co 100 North Pointe Circle 2nd Fl Seven Fields, Pa 16046 5. Name and address of every record interest in or record lien interest may be affected by the sale: Name None. other person who has any on the property and whose Address 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants(s)/Occupant(s) Domestic Relations Commonwealth of Pa 9 Paradise Drive, Carlisle, PA 17013 Cumberland County P.O. Box 320 Carlisle, PA 17015 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 or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. April 15, 2003 /) 4."Al/7 ? DATE TERRENCEY J. Kc'lt!ABE, ESQUIRE Attorney for Plaintiff M'?r aE $I µ ?i McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Citibank, N.A. As Trustee V. John E. Myers DATE: April 15, 2003 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-4760 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): John E. Myers PROPERTY: 9 Paradise Drive, Carlisle, PA 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on JUNE 11, 2003 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. -o 0 W co V c ro c N O O O 2? 0 0 v .mi m f x 0 m 0 w r` r pl la W N J p CO [A V CA CT A W N o Z ? 0 o CD m (D W K ' 8 ? ?' ? _' w = w =-? y? ! ? ? Z CC m O ? ? 2 =e O mZ5,56, 5; . p4 m a m =c >og , 0 SL mZ 'U m 10 2 ? g ? ? N f -O m xrotj0 0"nt) O%DH rnNH W (OF r) 00000 In 3 m W- (DO W- rO W (D (D aoP) Q) or- F1m fD m KO&jg Fj100 C 0? ?JCt K P? I-'• (D F- W W (D n7 0 %DH- a a C9 mom o° m P- Fj O N- (D (A F1-K 0 0 F-7. dOCY Owrto (AwKrt co wrr OO Fl- N o m D :U`,.i CYO 5:E FAO F•- P- F- PAn n] K .'y (LQ P) IV x?? IDES(] (D? ?'O m z m ? LQ N rt F-' W Ox (D m m o 0) rt ' Mn(D h7\ ¢, 100 .-YZ m POW" O w K 0 - F1-(A P) ,'Tl m m 51- N O N r- rt N-0 p r_ W :E? hA -] 0N- to rtEl %D (D NAG m [30 [30 (a H (D 0 rt 0 -] (D0 (D (D N K Jy v 1-- ?u H+ ? < ;j 0- x u K H :j ED a m z z z . g a g S N MA) (n m N p N n NpF o A) w rt m H-u JK H (n K O F 0 D 3 m a m j K N- P. (D (A Ow 0r, G m m F10 (A 3 ?g (D 0 ;art 0 (D JAB al i P) (D rt m 9 o a m W O ? 3 S$- =8 3 ggo*j _ m3f2?'?Q m 03y a $f? •°,a m ppggq? '3?m ? ox ? nmcmm ` 3: o. m gm to ° m 5 W m m 5f = m Q c CL 22 -U m ! 3 (C m r-y. (n ?. $ fi R m m < o ? S fA M 'm c _ CL m m m ?NS=2 m a y m O n O V F -'a m; ?3 ?`• Ca co o(D Oa D. -qiv -no S - LZZL o = s3 6 0 L 6 L •• ?Y3 E0 sL ad slol m? A= .5 3 LL Z?ZZBd 3gdlsoa's•n L L i L co M m 3 m ? E . 3 a `g° _ m0 °i8?U m S m S m ? i i 1 m T1 ; ?-, ?---• C . ?__ -'i ?.. ?3 f-: _.,.. , F-? C_ ? 'a --- ?__ ?) -l .. l ?- R ? ^-- - rte- ? - ? _._.. ----:... -_- _? ,. _ 1,1:7 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Citibank, N.A. As Trustee V. John E. Myers Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-4760 AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 5th DAY OF MAY, 2003, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit '"A". Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN TO AND SUBSCRIBED BEFORE ME THIS 5th DAY OF MAY, 2003. G U d W,? NOTARY PUBLIC x 1 • s A Z7 r, 77 4TER N ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Citibank, N.A. As Trustee CUMBERLAND COUNTY COURT OF COMMON PLEAS V. John E. Myers NUMBER 02-4760 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 9 Paradise Drive, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address John E. Myers 9 Paradise Drive Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address John E. Myers 9 Paradise Drive 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: Name Address Citibank, N.A. As Trustee 10790 Rancho Bernardo Road San Diego, Ca 92127 Banc One Consumer Discount Co 100 North Pointe Circle 2nd Fl Seven Fields, Pa 16046 Advanta National Bank 10790 Rancho Bernardo Road San Diego, Ca 92127 4. Name and address of the last recorded holder of every mortgage of record: Name Address Citibank, N.A. As Trustee 10790 Rancho Bernardo Road San Diego, Ca 92127 Banc One CDC F.^n1B I100 North Pointe Circle Advanta Na EIVLI k 2nd Fl Seven Fields, Pa 16046 10790 Rancho Bernardo Road #Aiego, Ca 92127 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants(s)/Occupant(s) Domestic Relations Commonwealth of Pa 9 Paradise Drive, Carlisle, PA 17013 Cumberland County P.O. Box 320 Carlisle, PA 17015 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 or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. May 5, 2003 TER E J. McCABE, ESQUIRE Attorney for Plaintiff DATE " EXHIBIT A' McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Citibank, N.A. As Trustee V. John E. Myers DATE: April 15, 2003 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-4760 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): John E. Myers PROPERTY: 9 Paradise Drive, Carlisle, PA 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on JUNE 11, 2003 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT "B" 0 9 W co 4 m C 0 0 C. i ??- I i 7 i p 5 D C (? c W CD y: Y, 1? '•I 4N rr. U, r-m L ?mom z Q ROD m r ?O yyLA 1-dd t?-+ON ?> x.PC? y CD r-y R O ~' C? ° a, O G1?? ?R ?y'-D z0 ?? (D > CA O O 00 W a .? CD oracu `° bey W J C) N R D CL I ID 3m -PIC lk- ERSL Q? 0 U2 0 < &$glw v ? m OR 00a 25$=n 90 m ?m??mm5 R us sod m yufn m m?g g3 3 ---- y- j a? E 3 ?mns°?3 mmog??'m ?mn 0 Oz N p ? g = m ? N m m `^? C Q 0- L y msms? r -1 € CO W 'J O CTt A O' g 8 A W N O I Z mC c cn Q ? m cn m F-•1 m o 8Z z nr c m vm 0? v m N O w mx+O? O 3 X co c Ua N :3 -4 0 ?n $ Ycn c` o m J N 3 C> a cn (D ID C m CD 03: =F ?a fD m m ?m aim m y m@ n v ?m f E - o -C/) mn Amm? gd B®r ' 1421 U.S.POSTAGE P02232577 (D _ 7018 $01-500 vievi o3*, o 5822.4j 191090 !Cp ? Q 0 m 1m 0S) ?c m 8 ?000 CO p .'O ;U a CD m $ o .Z I? F m = m y X m°QmJCD mPg?mv Q m EXHIBIT "6" C7 ?'" ? 7 c_ c.? -n ??ilf i_ _2 -- . :.,, ?.? ,.. ....? .:'Ti ' .) :_ r }= C - !.r? ?-? rt ;::, ?, f .:> McCABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CITIBANK, N.A., AS TRUSTEE V. JOHN E. MYERS Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS NUMBER 2002-4760 CIVIL TERM PETITION TO ALLOW SERVICE ON THE DEFENDANT BY REGULAR MAIL, CERTIFIED MAIL AND POSTING PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 1. Plaintiff attempted to serve a true and correct copy of the Notice of Sheriff's Sale of Real Property upon the Defendant, John E. Myers, at the mortgage premises known as 9 Paradise Drive, Carlisle, PA 17013. However, the Sheriff advised that they were unable to serve the Defendant with the Notice of Sale as the Defendant is not residing at the mortgaged premises, but he does retrieve his mail from the mail box at the premises every couple of days. A copy of the Sheriff's Return of Non Service, indicating the same is attached hereto and :marked Exhibit "A." 2. Plaintiff searched for a forwarding address for Defendant. The Post Master advised that the Defendant, John E. Myers, has not filed a change of address from 9 Paradise Drive, Carlisle, PA 17013. A copy of the Affidavit of Good Faith Investigation indicating the same, is attached hereto, and marked Exhibit "B." 3. Plaintiff has checked the Local Telephone Directory and 411 Assistance for an address for the Defendant, John E. Myers. There are no listings for the Defendant in or around the Middletown area. A copy of the Affidavit of Good Faith Investigation is attached hereto, and marked Exhibit "B." 4. Plaintiff has attempted to make inquiry with a neighbor of the Defendant, John E. Myers. Laurel Ramos of 11 Paradise Drive, Carlisle, PA 17013 with a telephone number of 717-249-6869 was contacted. Ms. Ramos stated that the Defendant, John E. Myers, moved out in October of 2002 and that he was in jail in the Dauphin County area. A copy of the Affidavit of Good Faith Investigation indicating the same, is attached hereto and marked Exhibit "B." 5. Plaintiff has made inquiry with the local tax bureau for an address for the Defendant, John E. Myers. The tax office has a mailing address of 9 Paradise Drive, Carlisle, PA 17013. A copy of the Affidavit of Good Faith Investigation indicating the same, is attached hereto and marked Exhibit "B." 6. Plaintiff has made inquiry with the Social Security Administration and was advised that there are no death records for the Defendant, John E. Myers, under his social security number. A copy of the Affidavit of Good Faith Investigation, indicating the same, is attached hereto and marked Exhibit "B." 7. Plaintiff has investigated the Defendant's Voter Registration Records for an address for the Defendant, John E. Myers. The Defendant is registered at the property of 9 Paradise Drive, Carlisle, PA 17013. A copy of the Affidavit of Good Faith Investigation, indicating the same is attached hereto and marked Exhibit "B." 8. Plaintiff was advised that the Defendant, John E. Myers, was in Cumberland County Prison, but. was released. Plaintiff has attempted to make inquiry with the Defendant's parole officer, Brian Pomean at 717-240-6522. However, Plaintiff left message but received no response. A copy of the Affidavit of Good Faith Investigation, indicating the same is attached hereto and marked Exhibit "B." 9. If service cannot be made on the Defendant, the Plaintiff will be prejudiced. WHEREFORE, Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve a true and correct copy of the Notice of Sheriff's Sale of Real Property upon the Defendant, John E. Myers, by regular mail, certified mail, return receipt and further by posting of the same by the S:aeriff of Cumberland County at the Defendant's last-known address and mortgage premises known as 9 Paradise Drive, Carlisle, PA 17013. TE CE J. McCABE, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CITIBANK, N.A., AS TRUSTEE : CUMBERLAND COUNTY : COURT OF COMMON PLEAS V. JOHN E. MYERS NUMBER 2002-4760 CIVIL TERM MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. TER ENCE J. McCABE, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CITIBANK, N.A., AS TRUSTEE : CUMBERLAND COUNTY : COURT OF COMMON PLEAS V. JOHN E. MYERS NUMBER. 2002-4760 CIVIL TERM CERTIFICATION OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Motion for Alternative Service Pursuant to Pa.R.C.P. 430, by United States Mail, first class, postage prepaid, on the 29th day of May, 2003, upon the following: John E. Myers 9 Paradise Drive Carlisle, PA 17013 _ cJ TER NCE J. Mr_CABE, ESQUIRE VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. ? / pj?-' TE ENCE J. McC BE, ESQUIRE Citibank, N.A., as Trustee In The Court of Common Pleas of VS Cumberland County, Pennsylvania John E. Myers Writ No. 2002-4760 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: John E. Myers, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description as NOT FOUND,. Defendant is not residing at within address, but he does retrieve his mail from the mailbox at that address every couple of days. We are unable to find him at the address. Daw Kell, Deputy Sheriff, who being duly sworn according to law, states that on April 11, 2003 at 2:32 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John E. Myers located at 9 Paradise Drive, Carlisle, Pennsylvania, according to law. Sworn and subscribed to before me This day of So w ? Ole R. Thomas Kline, eriff 2003, A.D. Prothonotary BY t d Real Esta Deputy EXHIBIT °A' LARRY DEL VECCHIO PROCESS SERVER FOR MCCABE, WEISBERG & CONWAY, P.C. P.O. BOX 3221 WARMINISTER, PA 19874 (215) 442-5668 (215) 442-9727 FAX Citibank, NA, as Trustee COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. JOHN E. MYERS NO. 20024760 LAST KNOWN ADDRESS: 9 Paradise Dr., Middletown, PA 17013 LOAN NUMBER: 116-0921PA AFI' )AVIT OF GOOD FAITH EFFORT TO LOCATE DEFENDANT (S) I hereby certify that on May 20, 2003, a good faith effort was made to discover the correct address of said defendant (s), by: 1. Inquiry of Postal authority; Postal authority states defendant has not filed a change of address. 2. Examination of local telephone directories and 411 assistance; There are no listings for the defendant in or around the Middletown area. 3. Neighbor Contacts: Laurel Ramos, 11 Paradise Dr., (717) 249-6869, stated defendant moved out in October of 2002, He was in jail in the Dauphin County area. 4. Tax Information: - Tax office has mailing address same as property, 9 Paradise Dr. 5. Death Records: - Social Security has no death records for the defendant wider his SSN. 6. Voter Registration: - The defendant is registered at property, 9 Paradise Dr. EXHIBIT "B" 7. Other Information: The defendant was in Cumberland Co. Prison, but was released. Left message with his parole officer, Brian Pomean, (717) 240-6522. I certify that this information is true and correct to the best of my knowledge, information and belief. BY: NOTARY PUBLIC: E?nY Del Vecchio, Process Server Sworn to and descn before me this day of g ? R "MR NOV Mk F®. 29, EXHIBIT "B" P.O. BOX 3221 WARMINSTER, PA. 18974 Postmaster Carlisle, PA 17013 May 20, 2003 (215) 442-5668 FAX (215) 442-9727 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (if a boxholder) for the following: Name: John E. Myers Address: 9 Paradise Dr. Carlisle, PA 17013 The following information is provided in accordance with 39 CFR 265.6(d) (4) (ii). There is no fee for providing boxholder information. The fee providing change of address information is waived in accordance with 39 CFR 265.6 (d) (1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: Process Server 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting Pro Se- except a corporation acting Pro Se must cite statute: Process Server for McCabe, Weisberg & Conway, P.C. 3. The names of all known parties to this litigation: Citibank, NA, as Trustee v. John E. Myers 4. The court in which the case has been or will be heard: Cumberland County, PA, Court of Common Pleas 5. The docket or other identifying number if one has been assigned: 2002-4760 6. The capacity in which this individual is to be served: Defendant(s) THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSEPCTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000.00 OR INPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMRATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION. 0< 3221 LARRY DEL VECCHIO P.O. Box Warrrunster P , PA. McCabe, Weisberg & Conway, P.C. . 18974 LARRY DEL VECCHIO PROCESS SERVER FOR MCCABE, WEISBERG & CONWAY, P.C. rvic IHE MUST OFFICE USE ONLY NO CHANGE OF ADDRESS ORDER ON FILE NEW ADDRESS OR BOXHOLDER'S NAME AND PHYSICAL STREET ADDRESS: POST MARK ? cr\ EXHIBIT 0 a Z .j -C . -c r.? ? JUN 0 3 2003 McCABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CITIBANK, N.A., AS TRUSTEE v. JOHN E. MYERS Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : NUMBER 2002-4760 CIVIL TERM O R D E R AND NOW, this C, -44N day of , 2003, the Plaintiff is granted leave to serve a true and correct copy of the Notice of Sheriff's Sale of Real Property upon the Defendant, John E. Myers, by regular mail, certified mail, return receipt requested; and further by posting of the same by the Sheriff of Cumberland County at the Defendant's last-known address and mortgaged premises known as 9 Paradise Drive, Carlisle, PA 17013. BY THE COURT: A? ? 0IP J. VINNr1l1,SNN3d? uNnn.. Gs:9;iA C?_ [I.I C'n vl'?- McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 CITIBANK, N.A., AS TRUSTEE v. JOHN E. MYERS Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS NUMBER 2002-4760 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. Terrence J. McCabe, Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: 1. That he is counsel for the above-named Plaintiff; 2. That on July 15, 2003, per the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriff's Sale of Real Property upon the Defendant, John E. Myers, by regular mail, certified mail, return receipt requested, addressed to 9 Paradise Drive, Carlisle, PA 17013. True and correct copies of the letter, certified return receipt and certificate of mailing, are attached hereto, made a part hereof, and marked as Exhibit "A ." 3. That on June 25, 2003, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriff's Sale of Real Property upon the Defendant, John E. Myers, by posting the same at the mortgaged premises known as 9 Paradise Drive, Carlisle, PA 17013. True and correct copy of the Sheriff's Return of Service form indicating the same is attached hereto, made a part hereof, and marked Exhibit "B." T ARRNCE J. P9cCABE, ESQU E ? SWORN TO AND SUBSCRIBED BEFORE ME THIS 16th DAY OF JULY, 2003 ?l Y (f1 lRJ C ¢te?Q N71 C ARY PUBLI ?`-- ?? NOTARIAL SEAL GLORIA D. MTChEl1, Notary Public Cdy of Pluiadel ia, PM& County CommissiQ? fires June 2, 2007 JUN 0 3 2003 V ,-105CABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. KcCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff CITIBANK, N.A., AS TRUSTEE V. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS JOHN E. MYERS NUMBER 2002-4760 CIVIL TERM O R D E R AND NOW, this day of 2003, the Plaintiff is granted leave to serve a true and correct copy of the Notice of Sheriff's Sale of Real Property upon the Defendant, John E. Myers, by regular mail, certified mail, return receipt requested; and further by posting of the same by the Sheriff of Cumberland County at the Defendant's last-known address and mortgaged premises known as 9 Paradise Drive; Carlisle, PA 17013. BY THE COURT: J. TRUE COPY FROM' WORD In Testimony whereof I here unto, set my and MI of said ou j& Carlisle, ft LAW OFFICES TERRENCE J. MCCABE**• McCABE WEISBERG & CONW AY P C MARC S. WEISBERG*• , . . . EDWARD D. CONWAY MARGARET GAIRO SUITE 2080 RITA C. BUSCHER*j 123 SOUTH BROAD STREET LISA L. WALLACE+r PHILADELPHIA, PA 19109 MATTHEW B. WEISBERG* (215) 790-1010 BETH L. THOMAS FAX (215) 790-1274 FRANK DUBIN BRENDA L. BROGDON* MONICA G. CHRISTIE' SEAN GARRETT*+ • Lk i. PAA NI Lim NPAA NY a LI[rnrofin PAANM ••'Um nPA, NIA NY r Littpe mw&CT ^ U ffi NY i Mo Wl AY fa NJ ' M Wie Acwo ror NY July 15, 2003 John E. Myers 9 Paradise Drive Carlisle, PA 17013 Re: Citibank, N.A. As Trustee V. John E. Myers CUMBERLAND COUNTY C.C.P. NUMBER 02-4760 Dear Mr. Myers: SUITE 600 216 HADDON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 503 53 WEST 36"' STREET NEW YORK, NY 10018 (917) 351-1188 FAX (917) 351-0363 Of Counsel: M. SUSAN SHEPPARD* Enclosed please find a true and correct copy of a Notice of Sheriff's Sale regarding the above-captioned matter. Very truly yours, EXP ra,jjffjT J?*I BE TJM/nh Enclosures SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7002-02410-0002-2516-4239 RETURN RECEIPT REQUESTED Ir m ti Y A V7 fL ru ° 0 0 ° ra S R1 ru ° o °1.?.. r? sow air ?.smre.a? 70 N T W co V g r1 ,?,? N A W N O m __ W V Ol to A W N - d 3 g - 0 O Z, , ?l n? 2 m d J p C ? n m $ 7D m o S ? Os o o 0 s v V• . ? m ? fi v l7 Z o 00000 T 0 1821 I p¢¢¢ la F o 2 a = N s. 01300 O _ n L ?e$' ?m e.i8 ?Qp-, g55 ?m (o Ada'ma S .. B IT RA f 0x 6 3: ~ ? Is it i, u 5 mJ m Ila; 63'3 g?9 ? 3 ?< Z ? (alnm8 i BOp $ y! -E6m MH A O ''m PIC3 D c Ome 0 a y 31 %g li Ion @ gg ?e =3g 60L6? .. `. 51? 41' ? m= P ;so su. inr o06'00$ otfft so = LLSZ£ZZ9d 39VJSOd'S'n 2 0 1L 0 9 g e O 0 0 0 Citibank, N.A., as Trustee In The Court of Common Pleas of VS Cumberland County, Pennsylvania John E. Myers Writ No. 2002-4760 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: John E. Myers, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description as NOT FOUND. Defendant is not residing at within address, but he does retrieve his mail from the mailbox at that address every couple of days. We are unable to find him at the address. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on April 11, 2003 at 2:32 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John E. Myers located at 9 Paradise Drive, Carlisle, Pennsylvania, according to law. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2003 at 8:42 o'clock AM, he served the within named defendant, John E. Myers pursuant to a court order, by posting the premises located at his last known address of 9 Paradise Dr., Carlisle, PA 17013 with a true correct copy of the Real Estate Writ, Notice of Sale, Description and Poster, according to law. Sworn and subscribed to before me This day of So s: W? R. Thomas Kline, Sheriff 2003, A.D. Prothonotary BYJO Real Estate Deputy E,s C? n p C. C.J -5'l C, 1 ?l : ( ? iy .. ? _ - ? - y : U"j .' !7J J ? 'r`) r3 =, . ? -' '-`; ? ?- ?_ ?,? n .`, ,,? -. it 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 James L Adams & Teresa M is the grantee the same having been sold to said grantee on the 3rd day of Sect A.D., 2003, under and by virtue of a writ Execution issued on the 10th day of March, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Tenn, 2002 Number 4760, at the suit of Citibank N A tr against John E Myers is duly recorded in Sheriff s Deed Book No. 259, Page 4573. IN TESTIMONY WHEREOF, I have hereunto set my hand and1seal ?of said office this day of A.D. 2003 n A '? U Recorder of Deeds Citibank, N.A., as Trustee In The Court of Common Pleas of VS Cumberland County, Pennsylvania John E. Myers Writ No. 2002-4760 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: John E. Myers, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description as NOT FOUND. Defendant is not residing at within address, but he does retrieve his mail from the mailbox at that address every couple of days, We are unable to find him at the address. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on April 11, 2003 at 2:32 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John E. Myers located at 9 Paradise Drive, Carlisle, Pennsylvania, according to law. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2003 at 8:42 o'clock AM, he served the within named defendant, John E. Myers pursuant to a court order, by posting the premises located at his last known address of 9 Paradise Dr., Carlisle, PA 17013 with a true correct copy of the Real Estate Writ, Notice of Sale, Description and Poster, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 3, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $42,401.00 to James L. & Teresa M. Adams. It being the highest bid and best price received for the same, James L. & Teresa M. Adams of 11 South East Street, P.O. Box 82, Franklintown, PA 17323, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $45,317.04. Sheriffs Costs Docketing $30.00 Poundage 848.00 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Levy 30.00 Surcharge 30.00 Law Journal 321.20 Patriot News 244.54 Share of Bills 25.24 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1701.88 Sworn and subscribed to before me This da--?dayoffy'a,'« 2003, A.D.{?-??yt f? honorary S R. Thomas Kline, Sheriff ^i 6t??') BY J1(t?l SO Real Estate Deputy 0? /try ?k yt?a?r. /y 3'71 Real Estate Sale # 42 On March 12, 2003 the sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA known and numbered as 9 Paradise Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date; March 12, 2003 By. ,tS % Real Estate Deputy 1?1*4ke PROOF OF PUBLICATION OF NOTICE IN CUMBERLAN D M W 1 JOURNAL L.1784 (Under Act No. 587, approv STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : e County and Lisa Marie Coyne, Esquire, Editor of the Cumberland and Law Journal, of says the Cuhmberland Law State aforesaid, being duly sworn, according to law, deposes Ys that d State Journal, a legal periodical published in the Borough of Carlisle in courts the th County official legal aforesaid, was established January 2, 1952, and designated by the local 2? 1952, been regularly periodical for the publication all legal that the printed not ce or publics ion attached hereto is issued weekly in the said Y, exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 25, MAY 2, 9, 2003 this statement by the Cumberland Affiant further deposes that he is authorized to verify Law Journal, a legal periodical of general circulation, and that he is not interested e foregoing the subject matter of the aforesaid notice or advertisement, and that all allegations in gO statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 42 /') Writ No. 2002-4760 Civil Citibank. N.A.. as Trustee V9. John E. Myers Atty.: Terrence McCabe ALL THOSE IWO CERTAIN lots and the improvements thereon situ- ate in MIDDLESEX TOWNSHIP. Car- lisle. Cumberland County. Common- wealth of Pennsylvania, bounded and described as follows: TRACT NO. 1 on the West by Par- adise Road, as shown on the here- inafter-mentioned Revised Plan of Lots; thence on the North by Lot No. 147 on said Plan; on the East by land now or formerly of Lester Billman; and on the South by Lot No. 145 on said Plan. Being fifty (50) feet in front on said Paradise Road and extending in depth as even width from the centerline of said road 198 feet, more or less. TRACT NO. 1 BEING Lot No. 146 Coyne, SWOON TO AND SUBSCRIBED before me this 9 day of M_03 U."11 '7 Ps y on the Dale Fetrow Revised Lots which said plan is recorded in the Recorder's Office at Carlisle, Pennsylvania in Page 103. Plan Book No. 3, . TRACT NO. 2 on the West by par- adise Road as shown on the herein- after-mentioned Revised Plan of Lots; on the North by Lot No. 146 on said Plan; on the East by lands now or formerly of Lester Billman and on the South by Lots Nos. 25, 26, 27 and 28 on said Plan. Being 62.6 feet, more or less, in front on said Paradise Road and 173 feet, more or less, in depth along its North- ern Boundary Line and 173.5 feet, more or less; in depth along its South ern Boundary Line. TRACT NO. 2 BEING Lot No. 145 on the Dale Fetrow Revised Plan of Lots, which said plan is recorded in the Recorder's office as Carlisle, Pennnsylva:ua. Ln Plan Book Na. 3 Page 103. BEING known as 9 Paradise Drive, Carlisle, PA 17013. Being the same premises which John E. Myers and Jennifer A. My- ers, formerly husband and wife, by deed dated the 2nd of March 1999 and recorded in the office of the recorder on the 4th of March 1999 in and for Cumberland County in Deed Book 195, Page 407, granted and conveyed to John E. Myers, Single, in fee. TAX MAP PARCEL NUMBER: 21-22-0119-090. THE PATRIOT NEWS SUNDAY PATRIOT NEWS THE Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) ss to law, deposes and says: That he is the Asst. JOSEPH A. DENNISON being duly sworn according Co., a corporation organized and existing81 gdMarketl Street, in the City of Harrise us9, Controller of The Patriot News lace of business at 812 to Pennsylvania, with its principal of Pennsylvania, owner and publisher of The Patriot-News and_The unda Patriot County of Dauphin, State of published at 812 to 818 Market Street, in the City, County a e of general circulation, printed and newspapers and The Sunday Patriot-News were established March 4th, 1854, and September aforesaid; that The Patriot-News published ever since; rinted and published in tinuously attached hereto is exactly as p rn and the 6th 18th, 1949, respectively, and all have been con e y on the 22nd and 29th day(s) of April That the printed notice or publication which is secur eared the subject matter of said printed notice or their regular daily and/or Sunday/ Metro editions which is lace and character of publication are day(s) of May 2003. That neither he nor said Company is interested in advertising, and that all of the allegations of this statement as to the time, place owered to verify this true; and knowledge of the facts aforesaid and is duly authorized and emp assed and That he has personal - virtue and pursuant to a resolution unanimoas?Y pecorded in anti subsequently statement on behalf of The Patriot-News CO. aforesaid by t of Dauphin in Miscellaneous Book "NI", boar adopted severally by the stockholdersinnd and fordsaiddCirectors oun y of the said Company the office for the Recording of Deeds Volume 14, Page 317. PUBLICATION COPY SALE #42 STATE SALE REAWEn No. 2002-47600' 42 Civil Term Citibank, N.A. aaTrustee vs John E. M ers Atty: DESCRIPTION abe ALL THOSE TWO CERTAIN lots and the improvements thereon situate in Middlesex Township, Carlisle, Cumberland County, Commonwealth of Pennsylvania, hounded and described as follows: TRACT NO.1 on the West by Paradise Road, as shown on tfie hereinafter-mentioned Revised Plan of Lots; thence on the North by Lot No. 147 on said Plan; on the East by land now or formerly of Lester Billman and on the South by Lot No. 145 on said Plan. Being fifty (50) feet in front on said the centerline of said road 198 feet, width t from Road more or less. TRACT NO.1 being Lot No. 146 on the Dale Fetrow Revised Plan of Lots which said Plan is recorded in the Recorder's office at Carlisle, Pennsylvania in Plan Book No.3, Page 103. The Patriot News Co., circulation, hereby acknowledge PK?? 14th day of M201? Terry L. Russell, Notaryn upy? Z Ci ty Of Harrisburg, Dauphi C G My Commission Expires June M2W t"I Y PUBLIC Member, Pennsylvania Association of Notaries comrnission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNT 01COURTHOUSE CARLISLE, PA. Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached $ hereto on the above stated dates Notary Fee(s) $ Probating same $ Total 242.79 1.75 244.54 Publisher's Receipt for Advertising Cost The Sundav Patriow, newspapers of general publisher of Th Patriot-News_and -T receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. TRACT NO.2 on the West by Paradise Road as shown on the hereinafter-mentrpned revised Plan of Lots; on the North by Lot No. 146 on said Plan; on the East by lands now or formerly of Lester Billman and on the South by Lots Nos. 25, 26, 27 and 28 on said Plan. Being 62.6 feet, more or less, in front on said Paradise Road and 173 feet, more or less, in depth along its Northern Boundary Line and 173.5 feet, more or less, in depth along its Southern Boundary Line. TRACT NO.2 being Lot No. 145 on the Dale Fetrow Revised Plan of Lots; which said plan is recorded in the Recorder's Office as Carlisle, Pennsylvania, in Plan Book No.3, Page 103. BEING known as 9 Paradise Drive, Carlisle, PA 17013. By ...................................... Being the same premises which John E. Myers and Jennifer A. Myers, formerly husband and wife, by deed dated the 2nd of March 1999 and recorded in the office of the recorder on the 4th of March 1999 in and for Cumberland County in Deed Book 195, Page 407, granted and conveyed to John E. Myers, Single, in fee. TAX MAP PARCEL NO.: 21-,22-0119-090.