The URL can be used to link to this page

Home My WebLink About00-00211 ^--"\'"'''' ';"&" --~i LAW OFFICE OF SAMUEL B. HORNSTEIN, P.C. A Professional Corporation By: SAMUEL B. HORNSTEIN, ESQUIRE Attorney I.D. 19445 18 East Court Street P.O. Box 1129 Doylestown, PA 18901 (215) 348-5380 Attorney for Plaintiff THE CIT GROUP/CONSUMER FINANCE, INC. 630 W. GERMANTOWN PIKE, SUITE 340 PLYMOUTH MEETING, PA. 19462 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW VS. RICHARD G. MYERS AND CORANN E. MYERS 805 4TH STREET NEW CUMBERLAND, PA. 17070 NO. daD- d/l ~ NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following page, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 717 240-6200 '" -~ ~ ' -~~ - . ,;~;-'''t LAW OFFICE OF SAMUEL B. HORNSTEIN, P.C. A Professional Corporation BY: SAMUEL B. HORNSTEIN, ESQUIRE ATTORNEY FOR PLAINTIFF Attorney I.D. #19445 18 East Court Street P.O. Box 1129 Doylestown, Pennsylvania 18901 (215) 348-5380 THE CIT GROUP/CONSUMER FINANCE, INC. 630 W. GERMANTOWN PIKE, SUITE 340 PLYMOUTH MEETING, PA. 19462 VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW RICHARD G. MYERS AND CORANN E. MYERS 805 4TH STREET NEW CUMBERLAND, PA. 17070 NO. 02 o-tH-l .-,2)( C~ ~ COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is The CIT Group/Consumer Finance, Inc., which is a Pennsylvania corporation duly organized and existing pursuant to the laws of the Commonwealth of Pennsylvania, having its principal place of business at 630 W. Germantown Pike, Suite 340, Plymouth Meeting, Pa. 19462. 2. Defendants are Richard G. Myers and Corann E. Myers who are adult individuals presently residing at 805 41h Street, New Cumberland, Pa. 17070. 3. On or about July 26, 1997 said Defendants made, executed and delivered a mortgage upon the premises 805 41h Street, New Cumberland, Pa. 17070, to The CIT/Consumer Finance, Inc., hereinafter called "Mortgagee", which mortgage is recorded in the Department of Records for the County of Cumberland, in Mortgage Book No. 1396, Page 490, and the terms of which are incorporated by reference herein as though fully set forth at length. "" ,.~- - - ,~,.-> .'~-'i 4. A description of the land and premises subject to the said mortgage is set forth in Exhibit "A" attached hereto and incorporated by reference herein as though fully set forth at length. 5. The said mortgage is in default because of the monthly payment on account of amortization of the principal of the note secured by said mortgage, interest on the note secured by said mortgage due on April 15, 1999 and on the 15th of each month thereafter are due and have not been paid as a result of which the entire principal of said note and all interest due thereon together with attorney's commission for collection and other items as set forth in said mortgage and note are now due and payable. A true and correct copy of said note is attached hereto as Exhibit "B" and the terms of which are incorporated by reference herein as though fully set forth at length. 6. On November 5, 1999, a letter was sent to the Defendants, advising of the Plaintiff's intent to foreclose within thirty (30) days pursuant to 41 P.S., Section 403. A true and correct copy of the said letter is attached hereto as Exhibit "C". 7. On or about November 5, 1999, notice under the Homeowners Emergency Mortgage Assistance Act, Act 91 of 1983, was given to Defendants. A true and correct copy is set forth as Exhibit 110". 8. The following amounts are now due and payable: Principal of Mortgage Debt Due and Unpaid Interest from 6/17/99 @ $26.59/diem Attorney's Commission for Collection Information Search $85,979.64 4,919.15 4,500.00 250.00 Amount due $95,648.79 I" " ,~ -."^'",I~, WHEREFORE, Plaintiff demands judgment for the amount due of $95,648.79 plus per diem interest at $26.59, costs plus foreclosure and sale of the subject premises. SAMUEL B. HORNSTEIN, ESQUIRE Attorney for Plaintiff I I' ,I Ii Ii II II II " II , I, u . ,--, """ Ij~i' VERIFICATION Samuel B. Hornstein, Esquire, states that he is the attorney for the Plaintiff, and that the said party is out of the jurisdiction of the court, and/or that his verification would not be available within the time permitted to file this pleading, and verifies to the best of his knowledge, information and belief that the statements made in this pleading are true and correct. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. SAMUEL B. HORNSTEIN, ESQUIRE Attorney for Plaintiff I "I 1'1 I Ii 'I I, ;1 1 'i II ~ ~~~ " - . . llii', I ne lana. rDJ"GII~ LV In "l.tll~ '-"U'II'I'UUI'~IIL l~ '-'C;;:~IU'W\oI 'A;;;:t ."'......n......T<;:/l. All that certain piece of parcel of la~. With the buildings and improvements thereon erected, situate in New Cumberland Borough"Cumberland County. Pennsylvania, more particularly bounded and described as follow, to wit: Beginning at a point, the irrtersect:ion lof the northerly line of Fourth Street and the easterly line of Poplar Avenue; thence in an east~r\y direction along Fourth Street 83 feet to a point; thence in a northerly direction along a line ~ right angles to Fourth Street 100 feet 10 a POint; thence in westerly direction 29 feet, more or If!Ss, to a point on the easterly line of Poplar Avenue; thence along Poplar Avenue in a norther1y d~rection 113.57 ~et to a point. the place Df beginning. I SCHF.hULE B - SECTION I i The fallowing requirements are to ~ COmplied with.: , 1) instruments in insurable form creating the estate or interest to be insured must be executed, delivered. and fiJed'of record. A) proparly drafted and executed mortgage from Richard G. Myers and Corano E. Myers to Foreclosure Managem~nt Company , 2) OWner's affidavit to be executed jby borrowers at closing. 10/18/99 15:01 TX/RX NO.6084 P.002 . Exhibit "A" .:l' ~ " -,I ,. . ,f "",,/:-,' ) PROMISSORY NOTE d~ The CIT GrolJpI ~m C'''''m'' Rnao",''''. NAMES OF All BORROWERS: lENDER: RICHARD G. MYERS THE CITGROUP/CONSUMER FINANCE, INC. CORANN E. MYERS 630 W. GERMANTOWN PIKE Property SUITE 340 Address: 8054TH ST PLYMOlJTHMEETING,PA 19462 NEW CUMBERLAND, PA 17070 lOAN NUMBER DATE INTEREST Date finance Charge NUMBER OF DATE FIRST PAYMENT DUE RATE Begins To Accrue PAYMENTS }(17 >,~ 112 07/26/97 11.290 " 07/31/97 240 08/3lf97 AMOUNT OF FIRST AMOUNT OF OTHER DATE FINAl PAYMENT DUE PRINCIPAL BALANCE PAYMENT PAYMENTS $ 923.20 $ 923.20 07/31/17 $87,757.15 The words "I," "me," "my," and "us" refer to all Borrowers signing this Note. The words "you" and "your" refer to Lender or Lender's transferee if this Note is transferred. . 1. BORROWER'S PROMlSE TO PAY In return for a loan that I have received, I promise to pay tbe Principal Balance stated above to tbe order of tbe Lender shown above. I understand that the Lendermay transfer this Note. 2. INTEREST I will pay interest at the Yearly Interest Rate shown above. Interest will be eharged on the unpaid principal until the full amount of principal has been paid. Interest will be eharged begiIming on the date shown above in the "Date Finance Charge Begins to Accrue" box and will continue until the Principal Balancehas been paid in full even if you have obtained ajudgment against me. 3. PAYMENTS (A) Time and Place or Payments I will pay the principal and interest by making payments every month. I will make my monthly payments on the same day of each month beginning on the date shown above in the "Date FIlSt Payment Due" box. I will make these payments every month lUltil I have paid all of the Principal Balance and interest and any other charges described below that I may owe under this Note. If on the "Date rmal Payment Due" shown above, I still owe amounts under this Note, I wilt pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at the address shown above under your name or at a different place if required by you. (B) Amount of My Monthly Payments Each of my monthly payments will be in the amount shown above in \he "Amount of Other Payments" box except my nrst payment will be in the amount shown above in the "Amount of First Payment" box. 4. MY FAILURE TO PAY AS REQUlRED (A) Default I will be in default if: (1) I do not pay the full amount of any monthly payment on time; (2) I default under the Mortgage as defined in Section 10 which secures this Note or under any other mortgage on the real property subject to the Mortgage; (3) I make an assignment for the benefit of creditors; (4) I violate or fail to abide by any term or condition of this Note or any other agreement I have with you; (5) I have made any statement or representation to you in cOlwection with this loan which is false or incorrect; (6) I begin (or if someone else begins against me) a case in bankruptcy, receivership, reOrganization,rehabiHtation, insolvency or any other matter whether or not similar to them; or if a receiver, sequestrator,liquidator, trustee, guardian, conservator or other judicial representative is appomted for me or any of my property; or (7) my property becomes subject to a proceeding in eminent domain or other simUar governmental action. If I am in default, you may require me to pay the full unpaid principal balance plus accroetl and unpaid interest and any other amounts I then owe to you under this loan, after the delivery of, and the expiration of any time period provided in, any notice required by law and applicable to this loan. (n) Check Collection Charge If I make a payment by check, negotiable order of withdrawal, share draft or other negotiable instrument and that instrument is returned or dishonored for any reason, I will pay you a check collection charge. The amount of the charge will be any amount passed on to you by any fmancial institution in connection with sucb instrument no1 to exceed $20. SEE OTHER SIDE FOR ADDITIONAL IMPORTANT TERMS I hereby acknowledge receipt of a completed and signed copy of this Note. WITNESS: -vJ (Borrower) lfYZw.~ a. 01/1- Lfl1.eh.Ma. a. 0.'1 (Borrower) 07/26/97 (Dale) 6'7;](".9'1 (Date) Exhibit B (Borrower) (Date) 7667 TRUE COI'Y. NOT AN ORIGINAL " .' ~ , ";;, '. '.. . \ (C) Payment of Note Holder's Co~. '_n,d Expenses ,,~) " If I default and you require me to pay in full as described above, I promise to pay all reasonable costs and expenses you actu;dly incur in foreclosing on any Mortgage or collecting this loan. including your reasonable outside attorney's fees. S. MY ,RIGHT TO MAKE PREPAYMENTS/pREPAYMENT PENALTY . I have the right to make payments of principal before they are due. Any payment made before it is due is Imown as a "prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment." If I make a partial prepayment, there will be DO changes in the amount of my monthly payments unless you agree to those changes. Exceptas provided below, [may make a full or partial prepayment at any time withoutpenaity and will not be required to pay any interest which you have not yet earned. If I prepay in full during the frrst three years of this loan, you may charge me a prepayment penalty in an amount equal to 5% of the amount prepaid if prepayment occurs during the first year, 4% of the amount prepaid if prepayment occurs during the second year, and 3% of the amount prepaid if prepayment occurs during the third year. This prepayment penalty will not be charged if the prepayment in full is as a result of your refinancing of this loan. You earn any prepaid finance charge at the time the loan is madt' and no partof it will be refundedifI pay in full aheadof schedule. 6. PROPERTY INSURANCE Property insurance is required to be maintained by me to protect you against loss of or damage to the real cstate covered by the Mortgage discussed in Section 10 below for the entire term of this loan. I may choose the person reasonably satisfactory to you tluougb whom such insurance is to be obtained or may utilize existing coverage, but must obtain insurance against such risks and casualty and in such amounts of coverage as you require. with loss payable clause(s) satisfactory to you. 7. MY WAIVERS ] waive my rights to require you to do certain things. Those things are: (A) to dernand payment of amounts due (lmown as "presentment"); (B) to give notice that amounts due have nQt been paid (lmown as "notice of dishono!"); (C) to obtain an official certification of nonpayment (mown as a "protest"). Anyone else (i) who agrees to keep the promises made in this Note, or (ii) who agrees to make payments to you if I fail to keep my promises under this Note, or (Hi) who signs this Note to transfer it to someone else (known as "guarantors, sureties, and endorsers"), also waives these rights. 8. CHANGES/DELAY IN ENFORCEMENT No change or cancellation of this Note shall be effective unless the change or cahcellation is in writing and has been signed by you and me. You can delay enforcing, or fail to enforce, any or all of your remedies under this Note without losing those or other remedies or rights. . 9. GIVING OF NOTICES Any notice that mU"it be given to me under this Note will be given by delivering it or by mailing it addressed to me at the Property Address above, except; if applicable law requires some other method of delivery. A notice will be delivered to me at a differenl address if I give you a notice of my different address. Any notice that mU"it be given to you under this Note will be given by mailing it to you at the address stated above, except if applicable law requires another method of delivery. A notice will be mailed to you at a diffl?rent address if I am given a notice of that different address. 10. THIS NOTE COVERED BY A MORTGAGE A Mortgage of the same date containing a description of my real property protects you from possible losses which might result if I do not keep the promises which I make in this Note. This Note is secured by that Mortgage. That Mortgage describes how and under what conditions I may be required to make immediate payment in full of all amounts that I owe under this Note. 11. RESPONSIBILITY OF PERSONS UNDER THIS NOTE If more than on~ person signs this Note, each of us is fuUy and personally obligated to pay the full amount owed plus the charges as described in Section 4(C) above and to keep all of the promises made in this Note. Any guarantor, surety, or endorser of the Note (as described in Section 7 above) is also obligated to do these things. Yau may enforce your rights under this Note against each of us individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. Any person who takes over my rights or obligations under this Note will have all of JnY rights and mU"it keep all of my promises made in this Note. Any person who takes over the rights or obligations of a guarantor, surety, or endorser of this Note (as described in Section 7 above) is also obligated to keep all of the promisesinade in this Note. 12, APPLICATION OF PAYMENTS AU payments received by you shall be applied to accl11ed and unpaid interest to the date of payment and then to the unpaid Principal Balance. 13. LOAN CHARGES Ifa law, which applies to this loan and which sets maximum loan charges, isfmally inteIpretedso that the interest or other loan chatges collected or to be collected in connection with, this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amoWlt necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refWlded to me. You may choose to make this refund by reducing the principal I owe under this Note or by making a direct pay~ent to me. If a refund reduces principal, the r~uction will be treated as a partial prepayment. 14. APPLICABLE LAW Pennsylvania law and any applicable Federal law governs this Note. 10 the event of a conflict between any provision of this Note and any Federal or Pennsylvania statute, law or regulation in effect as of the date of this Note, the statute, law or regulation will contrello the extent of such conflict and the provision contained in this Note will be without effect. All other provisions of llds Note will remain fully effective and enforceable. SEE OTHER SIDE FOR ADDITIONAL IMPORTANT TERMS 16157 ll2LB ...~. LAW OFFICE OF SAMUEL B. HORNSTEIN, P.C. 18 EAST COURT STREET POST OFFICE BOX 1129 DOYLESTOWN. PA 18901 (215) 348-5380. FAX (215) 348.3057 SAMUEL B. HORNSTEIN (MEMBER PA., FLA. BARS) November 5, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Corann Myers 805 4'" Street New Cumberland, Pa. 17070 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by The CITGroup/Consumer Finance, Inc. (hereafter we, us or ours) on your property located at 805 4"'Street, New Cumberland, Pa. IS IN SERIOUS DEFAULT because you bave not made the monthly payments of $923.20 for the months of April 1999 'through November 1999. . The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter:, is $7385.60. You may cure this default Within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $7385,60 plus auy additional monthly payments aud late charge which may fall due during.this period. If you do not cure the default Within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately aud you may lose the chance to payoff the. original mortgage in monthly installments. If full payment of the amount of default is not made Within TIlIRTY (30) DAYS, we also intend to instruct our attorneys to start a law suit to foreciose yOur mortgaged propertY. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer yOur case to our attorneys, bnt you cure the default before' they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually Incurred, up to $50.00. However, iflegal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees Will be added to whatever you owe us, which may also include our reasonable costs. If yoU: cure the default Within the thirty day Period, you Will not be required to pay attorney's fees. we may also sue you personally for the unpaid principal balauce and all other sums due under the mortgage. If you have not cured the default Within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default aud prevent the sale atauy time up to one hour before the Sheriff's foreclosure sale.. You may do so by paying the total amount of the Unpaid monthly payments plus auy late or other charges.then due as well as the reasonable attorney's fees aud costs connected With the foreclosure sale [aud perform auy other requirements under the mortgage.j It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately April 2000. Anotice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the IOJiger you wait. You may find ont at auy time exactly what the required payment will be by calling us at the following number: (215 348-5380). This paymeut must be in cash, cashier's check, certified check or money order aud made payable to us at the address stated above. Exh~bit C ~ ';"- ~~""'i Page 2 You should realize that a Sheriff s sale will end your ownership of the mortgaged property and your. right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict . you. You have additional rights to help protect your interest in ,the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDlNGINSTITUTION TO PAY OFF TIllS DEBT. [YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THEMORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED TIlAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S PEES AND COSTS ARE PAID PRIOR TO OR AT11ffi SALE, [AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIEbr. CONTACT US TO DETERMINE UNDER WHATClRCUMSTANCES TIllS RIGHT TO HAVE TIllS . DEFAULT CuRED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . If you cure the default; the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Enclosed also is another notice from us under Act 91 of 1983 and a similar notice under this Act is also being mailed to you regular mail. That notice is titled "Important: Notice of Homeowners' Emergency Mortgage Assistance Act of 1983." You must read both Notices, since they both explain rights descritid in the Notice of HomeownerS' MO!tgage Assistance Act. We cannot foreclose upon you, or take. other action described in this notice until' you have failed to exercise your rights under. tWit notice within the time periods provided in that notice or the Pennsylvania Housing Finance Agency has notified you that it bas lnade a decision: that you will not be given financial assistance from the Agency. Your home cannot be foreclosed upon arid we cannot iake the other action described enclosed while you are receiving that assistance. ' Very truly yours, LB. HORNSTEIN TEIN, ESQUIRE , i .c"" " . . LAW OFFICE Of SAMUEL B. HORNSTEIN, P.C. 18 EAST COURT STREET POST OFFICE BOX 1129 DOYLESTOWN, PA 18901 (215) 348-5380. FAX (215) 348-3057 SAMUEL B, HORNSTEIN (MEMBER PA., FLA. BARS) November 5, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ricbard G. Myer8 805 4" Street New Cumberland, Pa. 17070 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by The CIT Group/Consumer Finance, Inc. (hereafter we, us or ours) on your property located at 805 4" Street, New Cumberland, Pa.IS IN SERIOUS DEFAULT becaUse you have not made !be monthly payments of $923.20 for !be months of April 1999 through November 1999. The total amount now required to cure this default, or in o!ber words, get caught up in your payments, as of the date of this letter, is $7385.60. You may cure this default within THIRTY (30) DAYS of !be date of this letter, by paying to us the above amount of $7385.60 plus any additional Dionthly payments and late cbarge which may fall due during this period. If you do not cure the default. within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on !be original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in'monthly instaIIments. If full payment of !be amount of default is not made within THlRTY (30) DAYS, we also intend to instruct our attorneys to start a law suit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off !be tnortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay !be reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure !be default within !be thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for !be unpaid principal balance and all other sums due under the mortgage. If you have not cured !be default within !be thirty day period and foreclosure proceedings have begun, you still have !be right to cure the default and prevent !be sale at any time up to one hour before the Sheriff's foreclosure sale . You may do so by paying !be total amount of !be unpaid monthly payments plus any late or other cbarges then due as well as the reasonable attorney's fees and costs connected with the foreclosure sale [and perform any o!ber requirements under the mortgage.I It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately April 2000. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at !be following number: (215 348-5380). ..This payment must be in cash, cashier's check, certified check or money order and made payable to us at !be address stated above. Exhibl"t C " - ,.. ~ b '; Page 2 You should realize !bat a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could. be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. [YOU MA YHA VE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREEWHOWILLASSUMETHE MORTGAGE DEBT,PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND A'ITORNEY'SFEES AND COSTS ARE PAID PRIOR TO OR AT TI:\E SALE, [AND THAYTHE 01'HER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIEDI. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHTTO HAVE THIS DEFAULT CURED BY ANY TIllRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same. position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Enclosed also is another notice from us under Act 91 of 1983 and a similar notice under this Act is also being mailed to you regular tnaiL That notice is titled "Important: Notice of HOmeowners' Emergency Mortgage Assistance Act of 1983. " You must read both Notices, since they both explain rights described in the Notice of HomeOwners' Mortgage Assistance Act. We cannot foreclose upon you or take other action described in this notice . . until you have failed to exercise your rights under !bat notice within the time periods provided in !bat notice or the Pennsylvania Housing Finance Agency lias notified you !bat it has made. a decision !bat you will not be given l;inancial assistance from the Agency. Your home cannot be foreclosed upon and we cannot take the other action described enclosed while you are receiving !bat assistance. Very truly yours, LAW 0 EL B. HORNSTEIN SAMUEL B. HORNSTEIN, ESQUIRE SBWamd cc: Elaine Rosen, Esquire (FMC) .'~ "". . f LAW OFFICE OF SAMUEL B. HORNSTEIN, P.C. 18 EAST COURT STREET POST OFFICE BOX 1129 DOYLESTOWN, PA 18901 (215) 348M5380. FAX (215) 348M3057 SAMUEL B. HORNSTEIN (MEMBER PA., FLA. BARS) IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ TIllS NOTICE. YOU MAY BE ELIGffiLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS November 5,1999 Richard Myers 805 4'" Street NewCumberland, Pa. 17070 RE: The CIT Group/Consumer Finance, Inc. vs. Richard G.Myers and Corann Myers Dear Mr. Myers: Y our mort~~ is in serious default because you have failed to pay promptly installments of Principal and ~terest, as required, for a period of at least sixty (60) days. The total amount of Delinquency is $7385.60. That sum inclodes the following: monthly payments from for the months of April 1999 thtoogh November 1999. You may be eli~ble for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"), You may be elIgible for emergency temporary assistance if your default bas been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your riJdlts. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you have the right to arrange a "face-to-face" meeting with our'. representative, or with a designated consumer credit counseling agency. The purpose of that meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. That meetinJ1 must occur in the next thirty (30) days. . If you attend a face-to-face meeting with us, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of that meeting. The name, address and telephone number of our representative is: Samuel B. Hornstein, Esquire (215) 348-5380 18 E. Court Street, PO Box 1129 Doylestown, Pa. 18901 The name, address of a designated consumer credit counseling agency is: CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa. 17102 717541-1757 It is only necessary to scbedule one face-to-face meeting. You should advise us immediately of your intentions. atllDit u "^- . ,. If you have tried and ate unable to resolve this problem at or after your face-to-filce meeting, you bave the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. . In order to do this, you must fill out, sign and tile a completed Homeowners' Emergency Assistance Application with the Pennsylvania Housing Finance Agency. The consumer credit counseling agency will assist you fu tilling out your application. It must be filed or postmarked, within tbirtv (30) days of your filce-to-filce meetin.g . You must either mail your application to the Pennsylvania Housing Finance Agency, or you must tile it at the office of one of the designated consumer credit counseling agencies listed above. . The Pennsylvania Housing Finance Agency is located at: 2101 North Front Street, P.O. Box S029, Harrisburg, Pa., 17105. Telephone Number (717) 7SP-3S00 or I-SOO-342-2397 (Toll Free Number). An application for assistance may be obtained from a consumer credit counseling agency, or directly from the Pennsylvania Housing Finance Agency. . It is extremely imJJOrtant that you tile youra1JJllication promptly. If YOu do not do so,or if yOU do not follow the other time periods set forth fu this le~r, foreclosure may proceed a~ your home immediately.. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely iDIPortant that your application is accurate and complete fu every reSlJect. The. counseling agency will help youtotillout the application. The Pennsylvania Housing Finance Agency bas sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you ifyoubave met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. . You bave already received another notice from US under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you nowltave under Pennsylvania law. However, if you choose to exercise your rights described fu this notice, we cannot foreclose upon you dUring that time. Also, if you receive financial assistance from the Pennsylvania Housfug Finance Agency, you home cannot be foreclosed upon while you are receiving that assistance . SAMUEL B. HORNSTEIN SBH:amd cc: Elaine Rosen, Esq. (FMC) I, , J I.. ,~,~ ^ rl- . LAW OFFICE OF SAMUEL B. HORNSTEIN, P.C. 18 EAST COURT STREET POST OFFICE BOX 1129 DOYLESTOWN, PA 18901 (215) 348.5380. FAX (215) 348-3057 SAMUEL B. HORNSTEIN (MEMBER PA.. FLA. BARS) IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGffiLE FQR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS November 5, 1999 Corann Myers 805 4th Street New Cumberland, Pa. 17070 RE: The CITGroup/Consumer Finance, Inc. vs. Richard G. MyerS and Corann Myers Dear Mr. Myers: Your mort~~ is in serious default because you have failed to pay promptly installments of Principal and Interest, as required, for a period of at least sixty (60) days. The total amount of Delinquency is $7385.60. That sum includes the following: monthly payments from for the months of April 1999 through November 1999. You may be eliltible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistahce Act of 1983 (the "Act"). You may be eligible for eJ1lergency temporary assistance if your default has beet! caused by circumstances beyond your control, and if you meet the 'eligibiliiy requirements of the Act as determined by the Pennsylvania Housing FinanCe Agency. Please read all oftbis Notice. It contains an eXlllanation of your riWits. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date oftbis Notice. During that time you have the right to arrange a "face-to'face" meeting with our representative, or with a designated consumer credit counseling agency. The purpose of that meeting is to attempt . to work out a repayment plan, or to otherwise settle your delinquency. That meetinR must occur in the next thirty (30) days . If you attend a face-to-face meeting with US, or with a consumer credit counseling agency identified in tbis notice, no further proceeding in mortgage foreclosure may take place for tbirty (30) days after the date of that meeting. The name, address and telephone number of our representative is: Samuel B. Hornstein, Esquire (215) 348-5380 18 E. Court Street, PO Box 1129 Doylestown, Pa. 18901 The name, address of a designated consumer credit counseling agency is: CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road . Harrisburg, Pa. 17102 717541-1757 It is ouly necessary to schedule one face-to-face meeting. You should advise us immediately of your intentions. E;x[ubil:: 1) ,~'" " If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assisiance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with the Pennsylvania Housil)g Finance Agency. The consumer credit counseling agency will assist you in filling out your application. It must be filed or postmarked, within thirty (30) days of your face-to-face meetinl!; . You must either mail yom application to the Pennsylvania Housing Finance Agency, or you must file it at the office of one of the designated consumer credit counseling agencies listed above. The Pennsylvania Housing Finance Agency is located at: 2101 North Front Street, P.O. Box 8029, Harrisburg, Pa., 17105. Telephone Number (717) 780-3800 orl-800-342-2397 (Toll Free Number). An application for assistance may be obtained from a consumer credit counseling agency, or directly from the Pennsylvania Housing Finance Agency. It is extremely imPOrtant that you file your application proll1lltly. If you do not do so, or ifvou do not follow the other time periods set forth in this letter, foreclosure may proceed aMinst your home immediately. Available funds for emergency. mortgage assistance are very limited.' They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely itnponant that your applicatiou is accurate and cOlIlllleie in every resPect. The counseling agency will help you to fiIIout the application. The pennsylvllnia Housing Finance Agency Illis sixty (60).daysto make a decision after it receives your application: During that additional time, no foreclosure proceedings will be pursued against you if you have illet the time requirements set forth above. . You will be notified directly by that Agency of its decision on your application. You have already received another notice from us under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose' . You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise yourrights described in this notice, we cann(jt foreclose upon you during that time. Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, you home cannot be foreclosed upon while you are receiving that assistance. SBH:amd cc: Elaine Rosen, Esq. (FMC) -"IfIilI.-~flIlIlIlll!~; - .t.:iItlili."~-'jjlia\lli-'" , ~ ~ ... ~_"",~'''X'.L!1 ~'"""'''ili~''',;I ,,- -"~"~' ',; -... .~ , ~ ~ ~ ~ ~ ~~ <:) 0 e 0 -n ~ ~.A ~ ~~ i:: ;,,~ :r:::!J ~ ~tiJ ~~ t 11:,_ ~ wrn _ -::i~:n \\ ",,;;y - --,0 ~ ~~ 01., ~ \ '-.....~i ?-c; "'0 :I-I, ~ ~ , , '< :x o~ ~8 -7 ~ ~5l ~ ~ s.. ~ ~~ N :s; 0'> '< . ~ ;j', (' - --.. SHERIFF'S RETURN - REGULAR CASE NO: 2000-00211 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CIT GROUP/CONSUMER FINANCE INC VS MYERS RICHARD G ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MYERS RICHARD G the DEFENDANT , at 0014:50 HOURS, on the 20th day of January ,2000 at 12 ROBIN COURT MECHANICSBURG, PA 17055 by handing to CORANN E. MYERS (WIFE) a true and attested copy of COMPLAINT - MORT FORE together with NOT! CE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ~ ;:'~~ .~ 18.00 7.44 .00 10.00 .00 35.44 R. Thomas Kline Sworn and Subscribed to before 01/21/2000 SAMUEL B. HORNSTEIN By: //$%' Deputy Sherif~ me this ;;.~ day of j'~ cLO'vV A. D. 9'?prfl~2::~~f;'.I>f ~~~ t. ... ,-,.,... SHERIFF'S RETURN - REGULAR CASE NO: 2000-00211 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CIT GROUP/CONSUMER FINANCE INC VS MYERS RICHARD G ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MYERS CORANN E the DEFENDANT , at 0014:50 HOURS, on the 20th day of January ,2000 at 12 ROBIN COURT MECHANICSBURG, PA 17055 by handing to CORANN E. MYERS a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Answe.. rs: //Lff{'. . r-~~~ R. Thomas Kline So 01/21/2000 SAMUEL B. HORNSTEIN Sworn and Subscribed to before By: p~~- , puty S~ me this .) ~ day of j..J~.. ") cJ.{r{YO A . D . n. a~~ '--f ~thonotary ",~ '- ~"",,, ^"',--' " '- .~,-, "'~i! , LAW OFFICES OF SAMUEL B. HORNSTEIN A Professional Corporation By: Samuel B. Hornstein, Esquire Attorney I.D. No. 19445 18 East Court Street P.O. Box 1129 Doylestown, Pa. 18901 215/348-5380 Attorney for Plaintiff THE CIT GROUP/CONSUMER FINANCE, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW VS. RICHARD G. MYERS AND CORANN E. MYERS NO. 2000-211 ORDER TO ENTER JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in the above noted matter in the amount of $96,712.39 in favor of the Plaintiff and against the Defendants, Defendants having failed to respond to the Complaint in Mortgage Foreclosure within the statutory period. ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess damages as follows: Amount Claimed Interest through date of judgment $95,648.79 1,063.60 Subtotal Costs to Date Total $96,712.39 SAMUEL B. HORNSTEIN, ESQUIRE I HEREBY ASSESS DAMAGES AS ABOVE " (J "' '0 ~" '. '"~ ~'.,,,, --~..~'" ,,' ., '--,. ........ LAW OFFICES OF SAMUEL B. HORNSTEIN A Professional Corporation By: Samuel B. Hornstein, Esquire Attorney I.D. No. 19445 18 East Court Street P.O. Box 1129 Doylestown, Pa. 18901 215/ 348-5380 Attorney for Plaintiff THE CIT GROUP/CONSUMER FINANCE, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW VS. RICHARD G. MYERS AND CORANN E. MYERS NO. 2000-211 CERTIFICATION OF NOTICE I hereby certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to their attorney of record, if any, on February 10, 2000 after the default occurred and at least ten (10) days prior to the date of filing this Praecipe. A copy of said Notice is attached her ti LAW OFFICE OF SAMUEL B. HORNSTEIN, P.C. 18 EAST'COURT STREET POST OFFICE BOX 1129 DOYLESTOWN, PA 18901 (215) 348-5380. F~X (215) 348.3057 SAMUEL B. HORNSTEIN (MEMBER PA., FLA. BARS) February 10, 2000 Corann Myers 805 41h Street New Cumberland, Pa. 17070 Re: The CfT Group/Consumer Finance, Inc vs. Richard and Corann Myers Cumberland COUnty. No. 2000-00211 P NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT IMPORTANT NOTICE You ARE IN DEFAULT~ECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT AHEARING 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: COURT ADMINISTRATOR 4TH FL. CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 717240-6200 ~/ SAMUEL B. HORNSTEIN, ESQUIRE 18 East Court Street P.O. Box 1129 Doylestown, PA 18901 Pa. R.C.P. 237.1 _L LAW OFFICE OF SAMUEL B. HORNSTEIN,P.C. 18 EAST COURT STREET POST OFFICE BOX 1129 DOYLESTOWN, PA 18901 (215) 348-5380. FAX (215) 348~3057 SAMUEL B. HORNSTEIN (MEMBER PA., FLA. BARs) February 10, 2000 Richard Myers 805 41h Street . New Cumberland, Pa. 17070 Re: The CIT Group/Consumer Finance, Inc VS. Richard and Corann Myers Cumberland County No. 2000-00211 P NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION . . REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE 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 ALA WYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: COURT ADMINISTRATOR 4TH FL.. CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 717 240-6200 MUEL B. HORNSTEIN, ESQUIRE 18 East Court Street P.O. Box 1129 Doylestown, PA 18901 Pa. R.C.P. 237.1 "',,' "-.. "'^ ','~', -'~,"" . ,--d~ LAW OFFICES OF SAMUEL B. HORNSTEIN A Professional Corporation By: Samuel B. Hornstein, Esquire Attorney I.D. No. 19445 18 East Court Street P.O. Box 1129 Doylestown, Pa. 18901 215/ 348-5380 Attorney for Plaintiff THE CIT GROUP/CONSUMER FINANCE, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW VS. RICHARD G. MYERS AND CORANN E. MYERS NO. 2000-211 CERTIFICATION OF ADDRESS I hereby certify that the true and correct address of the Plaintiff is: 630 W. Germantown Pike, Suite 340, Plymouth Meeting, Pa. 19462 I hereby certify that the true and correct address of the Defendants is: 805 41h Street, New Cumberland, Pa. 17070. BY: SAMUEL B. STEIN, ESQUIRE - '~=',.-'~',~'''" c'-' ,'.'.' . _,. .'_ L,.; ......... LAW OFFICES OF SAMUEL B. HORNSTEIN A Professional Corporation By: Samuel B. Hornstein, Esquire Attorney I.D. No. 19445 18 East Court Street P.O. Box 1129 Doylestown, Pa. 18901 215/348-5380 Attorney for Plaintiff THE CIT GROUP/CONSUMER FINANCE, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW VS. RICHARD G. MYERS AND CORANN E. MYERS NO. 2000-211 AFFIDAVIT OF NON-MILITARY SERVICE Samuel B. Hornstein, Esq., being duly sworn according to law, deposes and says that he represents the Plaintiff in the above captioned matter; that he is authorized to make this Affidavit on behalf of the Plaintiff, and that the above named Defendants are over 21 years of age; and that the address of the Defendants is 805 41h Street, New Cumberland, Pa. 17070, and the occupation of Defendants are unknown to Plaintiff; and Defendants are not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. BY: SA N, ESQUIRE Sworn to and Subscribed before me this day of ,2000 Notary Public II ,(. -.;L-,.,j- -<,.' ,i~ . THE CIT GROUP/CONSUMER FINANCE, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW VS. RICHARD G. MYERS AND CORANN E. MYERS NO. 2000-211 TO: Richard G. Myers 805 41h Street New Cumberland, Pa. 17070 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY DEFAULT has been entered against you in the above proceeding, and that enclosed herewith is a copy of all the (record) documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY, SAMUEL B. HORNSTEIN, ESQUIRE AT (215) 348-5380 OFFICE OF THE PROTHONOTARY LAW OFFICE OF SAMUEL B. HORNSTEIN, P.C. P.O. BOX 1129, 18 East Court St. Doylestown, Pennsylvania 18901 li >-<"0" o'~""'_~"r".'^ ". II~; 'I I THE CIT GROUP/CONSUMER FINANCE, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW VS. RICHARD G. MYERS AND CORANN E. MYERS NO. 2000-211 TO: Corann E. Myers 805 41h Street New Cumberland, Pa. 17070 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY DEFAULT has been entered against you in the above proceeding, and that enclosed herewith is a copy of all the (record) documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY, SAMUEL B. HORNSTEIN, ESQUIRE AT (215) 348-5380 OFFICE OF THE PROTHONOTARY LAW OFFICE OF SAMUEL B. HORNSTEIN, P.C. P.O. BOX 1129, 18 East Court St. Doylestown, Pennsylvania 18901 I II li ":.....<~.<~. hi!iir_iilIliilii ~iJiIIill~ \iIilltllIW'IIlJi~:\Wl:>lm.m""'iil~ "",,~1 ,,~^~ h, ~. "'''~ '- --<....~ ," ~~ ~ ~ ~ \.J\, ~ --... C> ~ ~ ~ ~ t - . ~ 2 0 0 g C? -n -ocr) :;li: :,:::-! -;:::i'Jl ~tn ;.;0 ~-~l fQ __\J 2C;' ;~3t3 (j) ~::- 0 ~z r" 1. C' ~~; <:- -0 J>c :J:': _L-i-1 Z " Q(~ 5>2 r:Y c:srTl ~ "'" ::-4. 4; (:;) =< , LAW OFFICES OF SAMUEL B. HORNSTEIN A Professional Corporation By: Samuel B. Hornstein, Esquire Attorney I.D. No. 19445 18 East Court Street P.O. Box 1129 Doylestown, Pennsylvania 18901 215/348-5380 THE CIT GROUP/CONSUMER FINANCE, INC. vs. RICHARD G. MYERS AND CORANN E. MYERS "'._t", ii~ Attorney for Plaintiff : COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : CIVIL ACTION - LAW NO. 2000-211 PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) PRAECIPE FOR WRIT OF EXECUTION P.R.C.P. 3180-3183 TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: $ 96,648.79 7,312.25 Amount due Interest from date of judgment, 3/10/00 @ $26.59/diem Sale Date 12/6/00 Total (Costs to be added) BY: $103,961.04 SAMUEL B. HORNSTEIN, ESQUIRE 18 East Court Street, P.O. Box 1129 Doylestown, Pa. 18901 (215) 348-5380 ... '1IlIt-.......... !llllliiilnA.(BJ (J '- ~ 1<1. 7? :~ "Cci. '-> ~ '- "- 0 0 C) ~ ...... 0 ...0 ~ ...... ~ ~ c 0 -;; ~ . ~ ,1:la 0 0 0 ~ 0 "t1cc '-' c-, -0 8 ,"- d rnr"; G""::) <'i~J 0 < 0 Z- '..; ..0 -t C 0 zE& ~~2 f' I , (.O~ <:::> '<,,() j \ \ I 'V :-<"" ~ ~ r ~t:::' ;:,. ~ /)~ r ~8 ::!i:: a:n ~ " - "-0 ~ , " , ;Pc - of'n " , , , .. ~ -, ~t w ~ , '.0 > ~ -< , - ~ , . .1 ~ ,. ._< f' " ,~ .' '" ~. _ ,'.0"" "~'",""':l., ",_,. ..'~ " LAW OFFICES OF SAMUEL B. HORNSTEIN A Professional Corporation By: Samuel B. Hornstein, Esquire Attorney for Plaintiff Attorney ID, No, 19445 18 East Court Street P,O, Box 1129 Doylestown, Pennsylvania 18901 215/348-5380 THE CIT GROUP/CONSUMER FINANCE, INe. : COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : CIVIL ACTION - LAW vs, RICHARD G, MYERS AND CORANN E. MYERS : NO. 2000-211 AFFIDAVIT PURSUANT TO RULE 3129 The CIT Group/Consumer Finance, Inc., Plaintiffs in the above action, sets forth, as of the date of the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 805 41h Street, New Cumberland, Pennsylvania: (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") 1. Name and address ofOwner(s) or Reputed Owner(s): Richard G, Myers and Corann E. Myers 805 4th Street New Cumberland, PA 17070 2, Name and address ofDefendant(s) in the judgment: Richard G, Myers and Corann E. Myers 805 4th Street ' New Cumberland, P A 17070 ."~ ,. ~ ^J~; .. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: The CIT Group/Consumer Finance, Inc. 630 W. Germantown Pike, Suite 340 Plymouth Meeting, P A 19462 4. Name and address of the last recorded holder of every mortgage of record: The CIT Group/Consumer Finance, Inc. 630 W. Germantown Pike, Suite 340 Plymouth Meeting, PA 19462 FirstPlus Bank 18302 Irvine Boulevard Tustin, CA 82780 5. Name and address of every other person who has any RECORD LIEN in or record lien on the property and whose interest may be affected by the sale: None 6. 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: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None , '~ . VERIFICATION I verify that the statements in this Affidavit are true and correct to the best of my personal knowledge or information and belief I understand that false state nts herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsifica . 0 authoj!ies: BY: S Attorney or Plaintiff Attorney I.D. No. 19445 "'--."~l' . LAW OFFICES OF SAMUEL B. HORNSTEIN A Professional Corporation By: Samuel B. Hornstein, Esquire Attorney for Plaintiff Attorney I.D. No. 19445 18 East Court Street P.O. Box 1129 Doylestown, Pennsylvania 18901 215/348-5380 THE CIT GROUP/CONSUMER FINANCE, INC. : COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : CIVIL ACTION - LAW vs. RICHARD G. MYERS AND CORANN E. MYERS : NO. 2000-211 EXHIBIT A- LEGAL DESCRIPTION 805 4TH street New Cumberland, P A 17070 By a Deed from Richard G. Myers dated 3/19/96 and recorded 4/8/99 in the Recorders Office of Cumberland County and referenced as Book 137 Page 225 and described as follows: All that certain piece of parcel ofland, with the buildings and improvements thereon erected, situate in New Cumberland Borough, Cumberland County, Pennsylvania, described to wit: Beginning at a point, the intersection of the northerly line of Fourth Street and the easterly line of Poplar Avenue; thence in an easterly direction along Fourth Street 83 feet to a point; thence in a northerly direction along a line at right angles to Fourth Street 100 feet to a point; thence in westerly direction 29 feet, more or less, to a point on the easterly line of Poplar Avenue; thence along Poplar Avenue in a northerly direction 113.57 feet to a point, the place of beginning. , -~" '-" "j,'- '~', -~.>, ",. ". ., { LAW OFFICES OF SAMUEL B. HORNSTEIN A Professional Corporation By: Samuel B. Hornstein, Esquire Attorney for Plaintiff Attorney I.D. No. 19445 18 East Court Street P.O. Box 1129 Doylestown, Pennsylvania 18901 215/348-5380 THE CIT GROUP/CONSUMER FINANCE, INC. : COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : CIVIL ACTION - LAW VS. RICHARD G. MYERS AND CORANN E. MYERS : NO. 2000-211 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129 TO: RICHARD G. MYERS Your property at 805 4th Street, New Cumberland, Pennsylvania is scheduled to be sold at Sheriff's Sale on December 6. 2000 at 10:00 AM. at The Cumberland County Courthouse. Commissioners Room, to enforce the court judgment of $ 96,712.39 (pIus interest), obtained by the judgment creditor against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs sale you must take immediate action: I. The sale will be cancelled if you pay to the Sheriff's Office the amount of the judgement plus interest, late charges, all costs and reasonable attorneys' fees due. To find out how much you must pay, you may call the Samuel B. Hornstein, Esquire at (215) 348-5380. 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. .~-"",,'-.'...--.- "..~ r.... 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 contact one, the more chance you will have of stopping the sale. 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 bid price by calling the Cumberland County Sheriff's Office 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3 The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Cumberland County Sheriff's Office 717-240-6390. 4. 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. 5 . You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution 6. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. COURT ADMINISTRATOR 4th Fl. Cumberland County Courthouse Carlisle, PA 17013 717 240-6200 I' 1 (") 0 0 c: 0 -n :s: :0- ~'F;g '"OeD c: mcp U) z_;:. ~:;~Pi t,5~ 0 ~3~'r ~c; --!~':':) '< . :::>> i~;p S;'o ::K c~:-- .... ) =0 C5m )>c: -I ~ .:,) )>. :0 \J:) -< -, ,~, ~, fl' ,,>~. , " .1' _' " ~'~ '" '~ 1-, , LAW OFFICES OF SAMUEL B. HORNSTEIN A Professional Corporation By: Samuel B. Hornstein, Esquire Attorney I.D. No. 19445 18 East Court Street P.O. Box 1129 Doylestown, Pennsylvania 18901 215/348-5380 Attorney for Plaintiff THE CIT GROUP/CONSUMER FINANCE, INC. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs. RICHARD G. MYERS and CORRAN E. MYERS : NO 2000-211 AFFIDAVIT OF SERVICE The undersigned, being duly sworn according to law, does hereby state that he is a person of such age and discretion as to be competent to serve papers; that on , d.. - ;:) - , 2000, he served a Notice of Sheriff's Sale of Real Estate pursuant to Pennsylvania Rules of Civil Procedure 3129.2, inter alia, describing the property to be sold, its location, the improvements, if any, the judgment of the court on which the sale is being held, the name of the owner, and the time and place ofsale by placing same in a post aid envelope first class mail, addressed to the persons who are hereinafter named, who are or may be Lienholders on the real estate subject to sale, at the places and addresses stated below, by delivering said envelopes and contents to a Post Office Employee at a United States Post Office and obtaining a Certificate of Mailing for each Notice. True and correct copies of the Certificates of Mailing are attached hereto, marked Exhibit "A" and are incorporated herein by reference thereto. FirstPlus Bank 18302 Irvine Boulevard Tustin, CA 82780 BY: j~ SAMUEL B. HORNSTEIN, ESQ. Attorney for Plaintiff . SWORN TO AND S~ED BEFORE ME TillS...:) DAY OFvJ~ik,dtnV. ~"'W >I P'(J~' 4 N TARY PUBLIC NOT'~~"~:"'"- >'"":7:~,~'~ ARLENE D',\i".;' . .' :J,L Doyleot . ,- ",". " ":ji,~ry PUblic M <> mv, I ~,,,,,", "" "--s C Y Commir.E'GrJ i .,' .;\ ounty -......... ..,'~'''"~:. 11,2001 - ~' , " ""'" '.. ~ ~> , - .....k ~~. "-~W ,~ , 1', ~~ DOYlESTOWH, PA 18901 One piece of ordinary mail addressed to: r\.:)\- ~\V '0e,,,k \g~Od.... '(\J\l\t/ ~ \i'D . \\J'S C F\-. <2 dlS c) '" ~~ ~ :Drl r- to 3: -rTl"O. OOOO\f'\~ CU1<:O"-l_"tI :2:' <::.>(:lOD -l.-:r: (/1 <::.> ;;:: ~ o '" "U 0 :D IT! PS Form 3817, Mar. 1989 ~ ~tt\\) \ l' "(\' ~ ~" ~~'~.'" 1IIiIiiIIiI.~...i-<ll AJ -~1fdl.MiO..IiiHo..Ya.l"""""'~ ~ " ~ .,'........"~'." '.' . ~. (') 0 0 c: 0 -'n ;;;:: r::> ~:! -oce r'1 :~--j ;rJ rillTl n Z::t} Z'-" I ",-'J, ,; (J),,::': -.! ,.~,;i6 -<:L-'_ r.:::;CJ -V ~:r -rJ j> :z ;:"5~ ZD z~j 5>0 C)\'Tl C ~ 0 s:;! :0 (J1 "< "" i I I I , I I I I I, , ,. " , j; I Ii ,I L ." , , , ,~ I j",,, -, STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } ss. Robert P Ziegler ~ -------------------------------------_________________________________________Ilecorderof Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which ________________ CIT Group/Consumer Fin Inc ---------------------------.----------------________________________________________ u thegr.ontee the same having been sold to said gr.ontee on the __________~.!_~_________________________________ day of March 2001 ___n_______n__________________________ A. D., ' _____, under and by virtue of a wriL_____________ Execution . 10th ____________________________ --______ -- -____ _ ___ _ISSued on the _ __n_ __ __ ___________ _____________ ___ August 2000 day of __________________________ A. D., _____, out of the Court of Cornman Pleas of said County as of Civil 2000 --------------------- ---------...-- --___ ----______ ____________ __________ __ __ __ ____ _ Term, : 211 CIT Group/Consumer Fin Inc Number ______________, at the suit of _______________________________________________________________ . Richard G & Corann E Myers IS' ___________________________________agamst____________________________________________________ duly recorded in Sheriffs Deed Book No. ______~},:~__, Page ____________. 18,\ IN TESTIMONY WHEIlEOF, I have hereunto . ~ set my hand and seal of said office thu .2.~------_ day oL_ _.;2(lf!L!- Recorder of needs. Cumberland County. Cartisl.. PA Mj Commission Expires the first Mondaj of Jan. 2002 =..... I.;" ~. . " The CIT Group/Consumer Finance Inc. -vs- Richard G. Myers and Corann E. Myers In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-211 Civil David McKinney, Deputy Sheriff, who being dilly sworn according to law, says on October 10, 2000 at 7:49 o'clock P.M. EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Richard G. Myers by making known unto Richard Myers at 12 Robin Court, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies ofthe same. David McKinney, Deputy Sheriff, who being dilly sworn according to law, says on October 10, 2000 at 7:49 o'clock P.M. EDST, he served a true copy of real estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Corann E. Myers, by making known unto Corann Myers at 12 Robin Court, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. Timothy Reitz Deputy Sheriff, who being dilly sworn according to law, says on October 12, 2000 at 6:36 o'clqcik P.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description on the property of Richard G.and Corann E. Myers located at 805 4th Street, New Cumberland, Cumberland County, P~nnsylvania according to law. R. Thomas! Kline, Sheriff, who being dilly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the p~ndency of the action to one of the within named defendants to wit: Richard G. Myers by regular mail to his la$tknown address 12 Robin Court, Mechanicsburg, PA This letter was mailed under the date of October 13, 2000 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Corann E. Myers by regular mail to her last known address 12 Robin Court, Mechanicsburg, P A This letter was mailed under the date of October 13,2000 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being dilly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on March 7, 2001 at 10:00 o'clock AM., E.S.T. and sold the same for the sum of$1.00 to Attorney Steve Fishman for The CIT Group/Consumer Finance, Inc. It being the highest bid and the best price received for the same The CIT Group/Consumer Finance, Inc., of 630 W. Germantown Pike, Suite 340 Plymouth Meeting, P A , being the buyer in this execution paid SheriffR. Thomas Kline, the sum of $663.51 it being costs. Sheriff s Costs Docketing 30.00 Poundage 13.01 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 County 1.00 Certified Mail .64 " , \ Mileage Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed ~o. I, ,,' I 1 i 17.36 15.00 30.00 20.00 209.60 180.75 23.15 25.00 27.50 663.51paid by attorney 03-14-01 Sworn and subscribed to before me This S!!: day of ~ 2001 A.D. stri<''<- D ~, r Prot 0 otary ~#~ R. Thomas Kline, Sheriff Byk; ,.n' J1dz- Real Estate Deputy ~ 3D.!)") ~ pO Ck.3i'1J5 ~ /D'1f5'J ",. <~. Il fi.~~ .. j . " LAW OFFICES OF SAMUEL B. HORNSTEIN A Professional Corporation By: Samuel B. Hornstein, Esquire Attorney for Plaintiff Attorney I.D. No. 19445 18 East Court Street P.O. Box 1129 Doylestown, Pennsylvania 18901 215/348-5380 THE CIT GROUP/CONSUMER FINANCE, INC. : COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : CIVIL ACTION - LAW vs. RICHARD G. MYERS AND CORANN E. MYERS NO. 2000-211 AFFIDAVIT PURSUANT TO RULE 3129 The CIT Group/Consumer Finance, Inc., Plaintiffs in the above action, sets forth, as of the date of the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 805 4th Street, New Cumberland, Pennsylvania: (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") I. Name and address of Owner(s) or Reputed Owner(s): Richard G. Myers and Corann E. Myers 805 4th Street New Cumberland, P A 17070 2. Name and address ofDefendant(s) in the judgment: Richard G. Myers and Corann E. Myers 805 4th Street New Cumberland, P A 17070 ~ .. ~ " 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: The CIT Group/Consumer Finance, Inc. 630 W. Germantown Pike, Suite 340 Plymouth Meeting, P A 19462 4. Name and address of the last recorded holder of every mortgage of record: The CIT Group/Consumer Finance, Inc. 630 W. Germantown Pike, Suite 340 Plymouth Meeting, P A 19462 FirstPlus Bank 18302 Irvine Boulevard Tustin, CA 82780 5. Name and address of every other person who has any RECORD LIEN in or record lien on the property and whose interest may be affected by the sale: None 6. 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: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None *' .' , VERIFICATION ~ "'^I~j I verify that the statements in this Affidavit are true and correct to the best of my personal knowledge or information and belief I understand that false state nts herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsificat" 0 authorities. BY: S Attorney or Plaintiff Attorney LD. No. 19445 . . , ",' I".,., } " \: \ ,. LAW OFFICES OF SAMUEL B. HORNSTEIN A Professional Corporation By: Samuel B. Hornstein, Esquire Attorney for Plaintiff Attorney I.D. No. 19445 18 East Court Street P.O. Box 1129 Doylestown, Pennsylvania 18901 215/348-5380 THE CIT GROUP/CONSUMER FINANCE, INC. : COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : CIVIL ACTION - LAW vs. RICHARD G. MYERS AND CORANN E. MYERS : NO. 2000-211 ] I I II Ii I: I' II 'I 'I !I 'I II II " I 'I I i .I ,! I ! il I , I I ! EXHIBIT A- LEGAL DESCRIPTION 805 4TH street New Cumberland, P A 17070 By a Deed from Richard G. Myers dated 3/19/96 and recorded 4/8/99 in the Recorders Office of Cumberland County and referenced as Book 137 Page 225 and described as follows: All that certain piece of parcel ofland, with the buildings and improvements thereon erected, situate in New Cumberland Borough, Cumberland County, Pennsylvania, described to wit: Beginning at a point, the intersection of the northerly line of Fourth Street and the easterly line of Poplar Avenue; thence in an easterly direction along Fourth Street 83 feet to a point; thence in a northerly direction along a line at right angles to Fourth Street 100 feet to a point; thence in westerly direction 29 feet, more or less, to a point on the easterly line of Poplar Avenue; thence along Poplar Avenue in a northerly direction 113.57 feet to a point, the place of beginning. _~~Iilll '- ~' . -- -,_. - ~"~ ,~t!"'''''''''''''' REAL ESTATE SALE No. 11 un the sheriff levied upon the defendanrs interest in the real property situated in ..' 'I",.'::S Cumberland County, Pa., known and numbered as: and more fUii';c'::iclibed on Exhibit "A" flied with- this writ and bll this reference incorporated herein. 'ate: By: ... '. ... r-- /' .... j J""II~ . .., . . .... LAW OFFICES OF SAMUEL B. HORNSTEIN A Professional Corporation By: Samuel B. Hornstein, Esquire Attorney for Plaintiff Attorney I.D. No. 19445 18 East Court Street P.O. Box 1129 Doylestown, Pennsylvania 18901 215/348-5380 THE CIT GROUP/CONSUMER FINANCE, INC. : COURT OF COMM:ON PLEAS OF CUMBERLAND COUNTY : CIVIL ACTION - LAW vs. RICHARD G. MYERS AND CORANN E. MYERS : NO. 2000-211 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129 TO: CORANN E. MYERS Your property at 805 4th Street, New Cumberland, Pennsylvania is scheduled to be sold at Sheriff's Sale on December 6. 2000 at 10:00 A.M. at The Cumberland Countv Courthouse. Commissioners Room, to enforce the court judgment of $ 96,712.39 (plus interest) , obtained by the judgment creditor against you. 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: I. The sale will be cancelled if you pay to the Sheriff s Office the amount of the judgement plus interest, late charges, all costs and reasonable attorneys' fees due. To find out how much you must pay, you may call the Samuel B. Hornstein, Esquire at (215) 348-5380. 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. #'~ ,/ ~" ~~> '~I,~ .. ; .' . ~. ~'"' 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 contact one, the more chance you will have of stopping the sale. 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 bid price by calling the Cumberland County Sheriff s Office 717-240-6390.. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Cumberland County Sheriffs Office 717-240-6390.. 4. 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. 5. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution 6. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. COURT ADMINISTRATOR 4th Fl. Cumberland County Courthouse Carlisle, PA 17013 717240-6200 <"-1 ~~~: .' ,'';'" < LAW OFFICES OF SAMUEL B. HORNSTEIN A Professional Corporation By: Samuel B. Hornstein, Esquire Attorney for Plaintiff AttorneyI.D. No. 19445 18 East Court Street P.O. Box 1129 Doylestown, Pennsylvania 18901 215/ 348.5380 THE CIT GROUP/CONSUMER FINANCE,INC. : COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : CIVIL ACTION - LAW vs. RICHARD G. MYERS AND CORANN E. MYERS NO. 2000-211 EXHIBIT A- LEGAL DESCRIPTION 8054111 street New Cumberland, P A 17070 By a Deed from Richard G. Myers dated 3/19/96 and recorded 4/8/99 in the Recorders Office of Cumberland County and referenced as Book 137 Page 225 and described as follows: All that certain piece of parcel ofland, with the buildings and improvements thereon erected, situate in New Cumberland Borough, Cumberland County, Pennsylvania, described to wit: Beginning at a point, the intersection of the northerly line of Fourth Street and the easterly line of Poplar Avenue; thence in an easterly direction along Fourth Street 83 feet to a point; thence in a northerly direction along a line at right angles to Fourth Street 100 feet to a point; thencein westerly direction 29 feet, more or less, to a point on the easterly line of Poplar Avenue; thence along Poplar Avenue in a northerly direction 113.57 feet to a point, the place of beginning. J ~ ~___ , , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-211 CIVIL ~ Tenn CIVIL ACTION. LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due The CIT Group/Consumer Finance, Inc. PLAINTIFF(S) from Richard G. Myers and Corann E. Myers, 805 4th Street, New Cumberland, PA 17070 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell S",,,, T .egal Description (2) You are also directed'td.~itacfjithE! property of the defendant(s) not levied upon in the possession of " GARNISHEE(S) as follows: ,,-;,/::;, '(Ii:,;' and to notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) aritnrom delivering any property of the defendant(~) 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/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $96,648.79 from date of judgment 3/10/00 @ Interest $26.59/dicm p ,312.25 Atty's Comm % Ally Paid $120.94 Plaintiff Paid LL Due Prothy Other Costs $.50 $1.00 Date: August 10, 2000 Curtis R. Long Prothonotary, Civil Division 4n~~. ~ 7r;OZA~.r Deputy 'by.: REQUESTING PARTY: Name Samuel B. Hornstein, Esq. Address: 18 East Court St., P.O.Box 1129 Doy1estown, PA 18901 Attorney for: Plaintiff Telephone: 215-348-5380 Supreme Court ID No. 19445 .~," ' ""i!i'-'''-' '~-;"K!IIiIii:!l"" ~::"liI .- .... r- ,,. > REAL ESTATE SALE No. JI On ~ / 7~ -j..".,v the sheriff levied upon the detendants interest in the real property situated in.q1 #",,) (1U..."M,t2,jl---R.. ~ Cumberland County, Pa., known and numbered as: ~ IJ5 <.//t.--PuI ~:' ~ W'~ ..1 and more fully described on Exhibit" A" filed with :- ." G~ this writ and by this reference incorporated herein. 1ate: ~~...j /'-1 d-,rt-i) BYZuM- -;,}: . .'~ --- ,~ r.) ~. - ( --~ ' . "'. \' -")-j ~~'-~ -'i;J~ '~~ "" ~' .-' Rb)1l;(. 1'-".,";.t:Att::~l$J;:..N:P:. f1'- WrIl N", :!I)01>>I j Cr~tl1etn; Tti~"Cj"r.G'f<J.1ij:l.IC""'\~lJm(+r;:F~~afl-t'.e" fnc... " Rtttlard Q, M}'iN'....l. anti C.omrm c. 'fj.~f'\\ -At/'f: E;:,mwet 8.. M-i'}mstein " . ...... otSCRIl'?J(~I, ". ffY,;l Ikil'l rj'{~m IhdiiH\!, \';'1. to,'W('t~,; (~Jh.'I.L-.~1.j:U Yt, ,,1tl,J r(\,{,(,'II,"J .lir.,f,,~' ir"j:h,;; l~,{~(ord~~r". Citf:kt, ni t'umiKrt.md (~.I1.i1'(H. ;'ll;j,:l ,'('f;:~;:nfe.j a:-, ,tbbk Ll7 Fa);\:, ~', .,md ll~~,'llh,'.d iI:'~"I~.l-nilw;,(; A.ll, i.nilt {tTta1il p;~'Ct. ,-'f PM('::"l 'fl.,l I'$.);,~d: ,1I)'fl< tfK l:'llildw.1;' ;l!!U i~tNl"-,':-mf;ll~-:' ~h~'l~tM! m'~'lfd, ;i.jtW/le: in hie'(,',' ('ll.t1Jtll:j'!,)oJ lk\[t,uSh, Cu.mbtrb.nd Count,", Itnn.,,';,'llillcalc.. de5cno":!d k!\\.tt: ", U:i~ipHin~: i!t ,;( pr,ir.t,. t.n1:' ~l\i!!l'~'tI'fJ'i)J."i of H\!~ nl.'lrtJI,:rllr' l\rw (',f i:'-<iEth &rr~.;;';,! .;;nil. 01" !'i:<:~kti'i' Ji!l(' oj ~~Jp~,\r l\~.t'flq,,; 11\i':'11(<:' it,: :'nl1-:;':6t"rl,~' ,Jily.:hutl it[c.ng !"Plnl}, Citl"'l.'t i\.,l ,~,~\ '!v.',;{ voinlc (hen,:" in illl{!r(!'Wl!.I' lLr(:dlffl1 ..;-h1(hl ;llllW ,;t! rh;h\ i'll."t,~\,kf" tn, .hJtlftn ~:itn:d 1(~) -r~Tl t~-" ,;;, l-1->):ll* i1Wn(~' i,n )';'1:',)'\,1"':1'1;." ,(;\:1.::<"'::<<:11 t~ tq:t, l'nntr~ m le,;s., h.' ,t ~~l.Jint '_lJilh,\2:,N,\iXi'~J:h,:: iiJw ,~il: 11lpb,f ih'H1JH'i thi;~lC,', ~llun~_ HJflliJ:{ ;\;;-~~,~,(.,~.: ,j,t\: :~~.:I;:t bi:~.j~:~~,~::~1, .,:,~~~E>r t:~d t(, it :~::{it ~'~~: .' ~ '" ~c ,~' i' - "' THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he Is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot. News and The Sunday Patriot.News newspapers of general circulation, printed and published at 812 to 818 Market Street, In the City, County and State aforesaid; that The Patriot.News and The Sunday Patriot.News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or SundllY/ Metro editions which appeared on the 31st day of October and the 7th and 14th day(s) of November 2000. Thllt neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded In the office for the Recording of Deeds in and for said County of Dauphin In Mraneous Book "M", V;I~:~I~:~~~~' .................................C2........................................................ COP V Sworn to and subscribed before me this 1 st day of S ALE #11 Notarial Saal Tarry L. Russell, Notary Public Harrisburg, Dauphin County My Commission Expires June 6. 2002 Member, pennsylvania Association 01 Nola CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COUR1HOUSE CARLISLE, PA. 17013 ! Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 179.25 1.50 180.75 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot.News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... RBAi. lIIS'1'AIl!E SIl:LE NO. 11 Wrtt No. 2000-211 Clv1I The CIT Group/Consumer Finance. Inc. vs. RIchard G. Myers and Corarm E. Myers At1y.: Samuel B. Hornstein EXHIBIT A-LEGAL DESCRIPTION By a Deed from RIchard G. Myers dated 3/19/96 and recorded 4/8/ 99 In the Recorders Office of CUm- berland County and referenced as Book 137 Page 225 and described as follows: All that certain piece of parcel of land. with the buildings and 1m. provements thereon erected, situ- ate in New Cumberland Borough. Cumberland Coun1y. Pennsylvania. described to wit: Begtnntng at a point. the inter- section of the northerly line of Fourth Street and the easterly l1ne of Poplar Avenue; thence in an east- erly direction along Fourth Street 83 feet to a point; thence in a north- erly direction along a line at right angles to Fourth Street 100 feet to a point; thence in westerly direc- I tiail 29 feet. more or less. to a point on the easterly line of Poplar Av- enue; thence along P!ll'. Awenue In a northerly direction '113.57 feet to a point, the place of begtnntng. ~ ' - "'~ ~,~ '. " iOIJ_"" . " . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : 55. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and S~ate aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues ofthe said Cumberland Law Journal on the following dates, VIZ: OCTOBER 27, NOVEMBER 3, 10,2000 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ROg~ SWORN TO AND SUBSCRIBED before me this 10 day of NOVEMBER. 2000 SEAL LOIS E. SNYDER, Notary Public. Carlill. Ioro. Cumberland Coun1!y, PA My Commission Expinn MO~h 5, 2001