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HomeMy WebLinkAbout01-06444 ~~ L_ ~~ .J . "-~ ,;L,-_~ ,~ ~ """'~:&\!l;;"';'" "'~~~+'f: NORTHWEST CONSUMER DISCOUNT COMPANY,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. C\ _ ~f../4Y CIVIL ACTION - LAW C?Lu~l ~~ THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants IN 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 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. NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 IF YOU DO THE OFFICE NOT I C I A Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defenses 0 sus objeciones alas demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME FOR 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 (717)249-3166 OR (800)990-9108 northwest\myers\complaint "1 - ___""'-fl"""'''''' i I ~ ,~- ~~ ,._............11Ml ~~-" e' "" ' '..'<il$i;\'~.I'~~~~';\\iO~$tS NORTHWEST CONSUMER DISCOUNT COMPANY,: IN THE COURT OF COMMON PLEAS OF plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01- l.r4-Ll1 C?;vL y~ THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff is Northwest Consumer Discount Company (Northwest), a Pennsylvania corporation organized under the laws of Pennsylvania and doing business at 227 Penrose Place, Carlisle, PA 17013 . 2. Defendants are Thomas Frank Myers and Nancy Lee Myers, adult individuals who reside at 10 East Street, Mt. Holly Springs, PA 17065. 3. On February 3, 1995, Defendants executed a written mortgage agreement to Northwest in the principal amount of $12,837.09, the same being recorded on February 7, 1995 in the Cumberland County Mortgage Book 1251, Page 58, the same being incorporated herein by reference thereto, as fully as though said mortgage were set forth herein as an exhibit. 4. The real estate subject to the mortgage is described and located as per the description in the first page of the mortgage attached hereto as Exhibit "A". 5. Defendants have defaulted in their repayment obligations as per the terms of the mortgage which mortgage incorporates a loan agreement dated February 3, 1995, for which said mortgage is security, in that they have failed to make the payment due May 9, 1999 and all payments thereafter. A copy of the aforesaid loan agreement is attached hereto as Exhibit "B", the same being a written agreement "~ . " ~~ 1_"," Jw""",,, ~~~"c. calling for monthly payments determined in accordance with loan contract. 6. The total presently owing on said mortgage indebtedness as of September 18, 2001 is as follows: Principal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,071.66 Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3,244.80 Attorney fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 900.00 Total..... .... $14,216.46 7. In addition to the above total in paragraph 6, subsequent to September 18, 2001, a per diem charge of $3.86 is owed by the Defendants. 8. The requirement of Act 6 of 1975, 41 P.S. ~403 and Homeowner Mortgage Assistance Act of 1983 (Act 91) have been complied within this case by virtue of letters dated and mailed to Defendants on October 2, 2001, containing information required by said statutes. An exact copy of said notices are attached hereto as Exhibit "C" and Exhibit "D", respectively. 9 . To the best of Plaintiff's knowledge, information and belief, Defendants are not in the military service as defined and covered by 50 U.S.C.A. App. ~501 et seq. '" ,~ ~,-...,I...;. .I_It. ~ - -- ~~ -~,~ WHEREFORE, Plaintiff demands judgment against Defendants in Mortgage Foreclosure in the total amount of $14,216.46 (with the in rem limitation as to the real estate herein involved), plus whatever additional interest, late charges, service charges and/or attorney fees which accrue hereafter and which may be allowed by the terms of the contract sued upon. YOFFE & YOFFE, P.C. ~~rI! ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 no~thwest\myers\complaint c il..,_,~"-:, . ~-- ~~.- , ~~~~.:.."~.I L ~1 "'" ",i, '~~g"N ", -, '. . " NORTHWEST CONSUMER DISCOUNT COMPANY,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. THOMAS FRANK MYERES and NANCY LEE MYERS, Defendants NO. CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. authorities. Dated: northwest\myers\complaint relating to unsworn falsification to Lcl~,,&J~:.mOO!~]I~J ., ~~""'liJI' ~ .'-- _w'.'. ~,_~_....~,~"" i'" . ' .....~.."Nlhci';i,l '" O""""'.~liio1tiH.f''';''"''~~ ....._""',...~""""'11lI.~ -~ ~~ .! a Z i1~14 r~ H .. t ~ 15 as 0 Po. U tIl (l,f '"' "'''' i=l ~ r>::r>:: r>:: f<lf<l I~ ~ ~B! ~ a ~~ $.+ 0 ~ 8~ ~ 0 t:) ~>< HU U '" ~ tIl~ ~ ;Jz @ ~ H ~ ci :> 11 ." .. o ~ '" '" 0 .... ..... H f<l P': ~ H tIl '" t.!> Z H '"' '" ~ <Il f<l '" 0 :s ..... H '" ., @ .. " E ., ~ ." 0 ! ~ MORTGAGE THIS MORTGAGE ("Security Instrument") is given .on .......f.~.I})j.J!{l,~1.).....;......~............................. , 19.9.:\.... . The mortgagar is ....:r:HO'l:\.M..EM$..m.EJ..tIl..<\l:lJUoJAl\CX..l.EE.HXERS....................................... ..................................................... ("Barrower"). This Security Instrument is given ta ..l'IQR'l:I;IW~:l'l:..CQI'll!\l.MER .... .ltLS.C.QJJN'J:..CQMl'.<\t'lY..... ....,.............. ...... .............. .... ..... ...... .,. ........ .... , which is .organized and existing under the laws .of .".C.Q:MM:QNWE4LTH..QJ:..P.E"Jfflllll.VANI<\..... , and whase address is ,227...P~NRQSE..P.LACE...... .... ...CARLISLE. PA..L7.013...... ..... ........ ........ ,... ...... .... ..... ...... .., ............ ... ..,....... ......... ... .... ("Lender"). Barrowerawes Lender the principal sum .of ...Th'~l.~E..:r:)jQV.S..A,.J:lP...E.lG)jh..~TJN.P.Rj':.I.l..:J;JnRTX..l!EV.EI'l..D.O.~J..ARS. .....AND..J:llNE..CEllTS................. Dollars (U.S. $ ..L2.83Z..0.9.........). This debtis evidenced by Barrawer's nate dated the same date as this Security Instrument("Nate"), which provides far manthly payments, with the full debt, if nat paid earlier, due and payable on .......f.E.:e~Jl<\RY..9.....2.QQ:\........................................ . This Security Instrument secures ta Lender: <aJ the repaymentof !he debt evidenced py the Nqte, with inwest, and all rene",a1s, extensians and modifications.of the Note; (b) the payment of all ather,sums, with interest, advanced underparagraph 1 to pratectthe security .of this Security Instrument; and (c) the perfarmance afBarroWer's cavenants and ajlreements u~derthis Security Instrument and the Nate. Far this purpose, ll.orrawer dqes hereby martgage, grant arid canvey ta Lender the fallawing described praperty . CTTM"llRLAND ,,' , ,"'" ' ,,' , .',' " " . locatedm ..................... ..,'^'-H..... ......................... .......... ....... .......... ............. .......... Caunty, Pennsylvama: BRIEF LEGAL DESCRIPTION ALL THAT CERTAIN PROPERTY snuAiTD IN THE BOROUGH 9F ,MT. HOLLY SPRINGS IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FUll Y DESCRIBED, IN A DtEp DATED 09/26/89 AND RECORDED 09/29/89, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 34E AND PAGE 888. TAX MAP' OR PARCEL 10 NO. 2332-2336-112 ADDRESS: 10 EAST ST. c.o (.J1 , "'T1 c::! - .... . '" .0 .... ' BOOK1251 FAGE 58 . . (") c; ... :c: 0,) Co ;.:~ ".:l I q (") ;-~ _~ 0' :~. :u ~.! :'w C'1 :... _.. rl '2; :::J :u o 0 r~~ C)"'T1;;; C::OG") :z rr1 r- -i ,." t"T1 -< '='-..0 I U>' -0 :po -.3 ~ PENNSYLVANIA-Single Family-Fannie Mil/Freddie Ma~,.UIlleO~~ '~Sl\Jlll:'~,I\l= " " n I'"" 'VI, ,~. ~, ,_" I, i\\ k.=,.J'\..ii ~,j b..oRlil ~ ~~ Form 3039 9/90 X (1"'ld of 61"'1"1 ,';"~ .,..',,"-"J' ",~',,~'.."j' '"."",,"{ ._:'", ':~ J;"> ,__-',",t,:""""'< ,,< ',;,,,,,,"'\'; ",-,<- ";"i-,-'" ,__~, '--"",''' '0,.',,'" ,,:~ 00",', , ',,-,.._~;. ,:,'"",;,, ',:',~,~. ", '''. "",' '''i ""j """"Oli""l>l~.c..-_~~' . __......-I.. . "'"","""",,,,,,,, ,-,_~,J_Iil<ll- ,. "~" .', ",'" td~~": ~--'---~'-'-'~--'---,~~----~,---~~ -~ ., ~ -----,-,-_:~- .--',-----.-----,-- ,.._.~---'-,'-'----+ lENDER.PA YEE-SECURED PARTY NORTHWEST CONSUMER DISCOUNT COMPA! "'I, . 22'7 PENROSE PLACE V . CARLISLE. PA 17013 Account No ' 220111 BORROWER(S} NAME AND ~ 'DRESS, MYERS. THOMAS F. U' NANCY L. 10 E STREET ' NT HOLLY SPRINGS, PA 17065 2/03/9'; ,. ate: ~ ANNUAL FINANCE Amount Financed Total of Paymenls YOUR PAYMENT SCHEDULE Will BE: PERCENTAGE CHARGE , RATE The amounl of credit The amounl.you wl!1 NUMBER OF The dollar amount provided 10 you or on have paid afler you PAYMENTS AMOUNT OF PAYMENTS WHEN PAVMENTS ARE DuE The COsI 01 your the credil will cos! your behall have made all pay- , c,edit sss yeafly rate. yO" menls asscl1eduled 1 189.33 3/09/95 I (e) (e) , 119 199.31 9 i 14.51 % $lt 32 l. 84 $ 125a5.38 $ 23907.Ee tel DESIGNATES AN ESTIMATE , INSURANCE AGREEMENT I , I Cre~i.t life insurance and credit disability insurance are not required to obtain credit, and will not be proVided unless you Sign and agree to pay the additional cost. I&l DECREASING TERM TYPE (I) PREMIUM SIGNATURE SingW! Credit Ute $ 1119.70 IIWe want credit Signature: ~L_.. A - Signature; ~':"IV>". -1 N1 Joint Credit life life insurance_ Single CredIt Disablhty $ 182/1.88 IIWe want credit s,gnatZ ~ ,:,~ ....Jgnatute. I 0 Joint Credit Disability disability Insurance You may obtain property Insurance from anyone you want, provided the Insu~~company is ~e Ie to the creditor If you get collateral goods insurance from or through the creditor, It will be for a term of (\ months a you will pay $ 0.00 NOTICE OF PROPOSEO (CREDIT) INSURANCE The Signer(s) of this contract hereby take(s) notice that group credit life insurance coverage and/or group credit accident and health insurance coverage will be applicable to this contract if so marked on this contract and each such type of coverage will be written by: USLlFE CREn!T LIFE INSURANCE COMPANV SCHf~U~lBtJRG, II. bOl?::! INSURER'S NAME ADDRESS This insurance, subject to acceptance by the insurer covers only the person signing the .request for such insurance. The amount of charge Is indicated for each type at credit Insurance to be purchased, The term of insurance will commence as of the date the indebtedness is incurred and will expire on the original sctleduled maturity date of the indebtedness, Subject to acceptance by the insurer and within 30 days, there will be delivered to the Insured debtor B cer- tificate of insurance more fully describing the insurance. In the event of prepayment of the Indebtedness, a refund of Insurance charges will be made where due, PROPERlY INSURANCE: Buyers agree to keep the property insured to Seller's satisfactiOlt Buyers may purchase such insurance through any insurance company or agtmt of their choice. Buyers are responsible for obtaining such insurance. However, if Buyers fail to keep the real property satisfactorily insured during the term of this agreement, Buyers hereby authorize Seller, at SeHer's option, to purchase any reQuired insurance. Seller may either request immediate reimbursement from Buyers for the cost of such insllrance or may add the insurance premium to the unpaid balance of this agreement and charge interest on it at 6% per year. Security: You are giving a security interest in I&l NEAL 1:.8 J n rE LOCATED Ill: . 10 EAST STREET "1 HOlLY SPRINGS CUHBERLAHD PA 170115 Filing fees $ 1k no Non-filing insurance $ (, w ,)() Prepayment: If you payoff early you 0 may 1:&1 will not have to pay a penalty. o may 1:&1 will not be entitled (0 a r,efund of part 01 the finance charge, Assurnpllon: SomeonE! buying your house may, subject to conditions. be allowed 10 assume the remainder of the morlgage on the original terms, See your contract documents for any additional information about nonpayment. default. any required repayment in lull before the scheduled date. and prepayment re1unds and penalties. FEDERAL RESERVE BOARD H-2-LOAN MODEL FORM I H-3-Amount Financed Itemization Model Form Itemization of the 12837.09 0.00 2.00 Amount Financed of $ $ Personal Prop. Floater Ins, Premo $ Notary Fee 2000.00 $ ukl I~{) LU_L $5439. "1(. Other (Specify/iMEIUCAN $ Amount gi\,/en to you directly $ 71 n(J Property Report Fee $ 0.00 $ 1651.50 Amount paid on your account $ (f.(IO Title Insurance Premium $ () (!{l $ n.~Real Estate Appraisal Fee $ n Ofl I Amount paid to others on your behalf $_--.O.....i!!:LCredit Report Fee $ {l an $lIlq ""U\ Credit U1e Insurance Premium $ () 0 <:\1) Real Estate Surl/ey Fee $8933" sa Total Other Charges $ ISP4.AIl Credit Disability Insurance Premium $ 1A f~n Recording and Satisfaction Fees t2C:lil5.7!i1 Amount Financed $ I) 00 Property Insurance Premium $ q~{y) Attorney's Fees $ 851."'1 Prepaid finance charge. ----- . ,~m X W' j,'>k ,_." u :''''''', ',i~ ,,,,.& I' '",," , ' :of ", ~,' ~:; ,', f:.:.d """""'" ~ ,,~'" ~ o NhTE SECONDARY MORTGAGE LOAN Th\s agreement I.. ..ubiect to the pr,ovislons of tht!, Secondary Morlgage Loan Act. IN CONSIDERAlrl:lN of a loan made by the above namsd Lender at lis above office. In acCordance wilh the Pennsylvania Secondary Mortgage loan Act. the undersigned jointly and severally proffii5 \0 pay \0 tne order at said lender at 'I\S above amce the Amount Fmanced (Principal) above slated together with inlerest on unpaid PrIncipal ~Iances 111 the above slaled rate (Annual P(lrcentage Rate Payment shall be made in consecutive monthly inst,ttmenlS as above Indicated, lime belnQ oflhe essence. beginning on ,the slaled due date for Ihe firs1 installmenl and conllnuing on Ihe same day! each succeeding I'rllnth to and Including the slated due dale for the final installment. Payments strall be In the amount oj Installments shown above. otherwise the final installment shall be equal 10 th '''IJnpald principal P(tJs,interest accrued, Delault in paying any installment shall. at the option of the ho!.~er hereof and without notice or demand, render the entire principal balance remaining unpai, hereunder together 'Ith accrued charges at once due and payable, Attorney's lees and court costs mal' be chalged after default if referred to an allorney not a salaried employee of the lender, II not prohibited by law the undersigned and each 01 them do waive the right and benefit of any law of Pennsylvania or any other Stale exempling property, real or personal, from sale, and if levy b made on real estate do also Vfaive the right of InquiSition and consent to the condemnation thereof with futlliberty to sell the same on a fieri facias, with release 01 errors thereon: do also waive ani release lnsblar as they may all rellel Irom all appraisement, stay or exemplion laws 01 Pennsylvania or any State noW or herearter in fotce. Any judgment entered hereon or <1ny prior nole for which this note is in whole or in parI mediately or immediately, a renewal shall be security lor the payment hereol and of any future note which is 11 whole or in part mediately or Immediately a renewal hereof, Each maker. cocmaker, endorser, guarantor, surely or other party hereto waives nolice of demand, default. protest. and noUce 01 protest and non.payment, and further consenls that the holder hereo may grant extenslon.or extensions altime withoul notice to and without release 110m liability to any of them, The acceptance by the holder hereof 01 any payment. parllal payment, charges or fees as herell reserved, after a default in the same, shall not be considered as a waiver of the right to enforce payment of all subseQuent installments pursuant to the terms hereof, when :.lnd as the same shall becom, due, or 01 the right to'enlorce any of the condilionsol this agreement. , In accordance with the prOVisions of the Secondary Mortgage Loan Act of Pennsylvania a statement 01 said 10.8n has been delivered 10 and receipt therealls hereby acknowledged by the undersigned P!urat words contained In the note shall be construed in the singular as the context may rSQuire and the canstfUction, validity and ellett. hereof .shin be governed by the laws 01 Pennsylvania , All pa~lDel1ts .made hereon shall be applied first to interest to date of payment and the remcHoO'er then 10 principal. . SECURITY AGREEMENT This loan and all other sums due under the Note, the Mortgage and the Security Aqreement are secured by a mortoage on leal eslale described below (the "Premises"), which security inlerest may allec aftei-acquired property in the lorm 01 subsequent accessions, additions, Improvements and repairs to the Premises and the rents and proms Irom the Premises and condemnation proceeds. if any, Th! , Morlgag~ 'will cover future loans made to Borrower by Le~der, . ADDRESS 16 C'-iS'!: STReeT 'C1TYORMUNJCIPAUTYrn 10<011 Y IilPRU4GS COUNTY\::'.}Hlilfi.RlJlt,1!) STATIiPI'r. l':'ilh$' ZIP " , Lender has t.he right to apply the proceeds of and/or any refunds of unearned premiums of Insurance financed or reQuired hereund,er I~ the payment 01 the unpaid balance 01 Borrower's Indebtednes~, ,\" SECURITY ~GREEMENT: To seeyre the payment of this loan which is evidenced by the Note above and all other amounts due under the: Note.lhe Mor.1gage and the Security Agreement, and 8ny future loans tl Borrow.er by Lender. Borrower hereby gl ants to lender a security interest under the Pennsylvania Uniform CommercIal Code In the property described below, The lollowing described, molar vehicle(s) together with all accessions, addiUons. improvements and repairs, -. _.,- '--'"", L -"..,,--- - - '_.~. ,T"'--'.,,' .'- .~, -. . d "-' ,. Y.'. ,~ " . ._~, MAt<E COLOR SERIAL NO, eODY STYLE MODEL YEAR OTHER lOENTIFICA TION All Borrowers collateral gOOds of every kind now located in or about the borrowers premises at their addr~ss above stated as permItted by state and rederallaws, or al the address 10 which such propert~ may be hereafter removed. REAL ESTATE LOCATED AT,10 EAST STREET HT HOLl.'1 SPRINGS FA 17065 ;...' . ~ . Other properly now owned by Borrowers as followsand located at the above address. unless otherwise indicated. " _. '" ."7"'--' '-;-.....---r. \ I ~~"',....f{'~ ., r~.' .-,"'",4' 4' ..... >f C ...,., . . : \ ," I Proceeds of the collateral speCIfied above arealsocovel'ed. however, this shall not be construed to mean that the Lend,er consents 10 any sale of any . of such _collateral. ' BORROWER(S) UNDERSTAND AND AGREE THAT ALL OF THE ADDITIONAL TERMS ON THE REVERSE SIDE HEREOF ARE A PART OF THE SECURITY AGREEMENT HEREOF AND ARE INCORPORATED HEREIN BY REFERENCE. . I ACKNOWLEDGE RECEIVING A COMPLETEL Y FILLED.IN COpy OF THIS CONTRACT ON THE' DATE OF Tj-lIS LOAN AND 08TAINI~G.. DISCLOSURE OF T RMS OF THE LOAN PRIOR TO CONSUMMATl6N OF THE LOAN TRANSACTION TO WHICH IT RE~A,.ES, . IN WI TN 0 have hereunto set their hands and seals the day and year first above wntten, WIt / ..~~~.......>..'.(SEAL) .......... ..",.... .... ./.. ilIA-i":' .'J...> ,ftIF .,...,... .-.. .-.... ..(SEAL) .... >... >. >..... np ,,~,~u,>ppm'~-" >. ........ ..,.. ..(SEAL) REV.. 3/93 .. .... ....m.... .... ........n.....>W....>. ..>......... ..(SEAL) NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION FILE COPY --,-~_.---.--~_._-,- -------~----- .', EXHIBIT liB" ~-,,,,-- ,~. = -. ~~' -...I... r, ..J_._ .W~!~' Re: Account #220111 October 2, 2001 TO: Thomas Frank Myers 10 East Street Mt. Holly Springs, PA 17065 FROM:Northwest Consumer Discount Company 227 Penrose Place Carlisle, PA 17013 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Northwest Consumer Discount Company(hereafter we, us or ours) on your property located at 10 East Street, Mt. Holly Springs, PA, Cumberland County, per Cumberland County Mortgage Book 1251, Page 58 IS IN SERIOUS DEFAULT because you have not made the monthly payment of $199.31 for the months of May 1999 through and including September 2001. The total amount now required to cure this default, or in other words, get caught up in your payments, as of September 19, 2001 is $5,579.99. You may cure this default within THIRTY (30) DAYS of the date of tlle receipt of this letter, by paying to us the above amount of $5,579.99 plus any additional monthly payments, late charges and other charges which may fall due during this period. If you cure this default within THIRTY (30) DAYS of receipt of this letter, such payment must be made either by cash, cashier's check, certified check or money order, and made at 227 Penrose Place, Carlisle, PA 17013. If you do not cure the default within THIRTY (30) DAYS of the receipt of this letter, then after said 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 and 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 THIRTY (30) DAYS of the receipt of this letter, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage lien. 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 the 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 the default within the aforesaid THIRTY (30) DAY period, you will not be required to pay attorneys' fees. If you have not cured the default within the aforesaid THIRTY (30) DAY period and foreclosure proceedings have begun after the aforesaid THIRTY (30) DAY period, you still have the right to cure the default and prevent the sale at any 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 any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest day that such a Sheriff's . ....,'.'.,-- "C" "[" .' ',I i .~ . .....,. , ~ wil ~ ~ ~- ~" ~ ~ , ,I, ~ -"' ...:. ,,,,../--._,,,,,,,j.U '~--"' ~~"11i:~llt!l'illlIiIlr~ ~~'..,~ ~__,,>>~-b,- sale could be held would be approximately February 4, 2002. of the date of the Sheriff sale will be sent to you before the A notice 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 the following number: (717) 249-0722. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. 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 Sheriff 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 LIEN, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS LIEN. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE LIEN, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE; AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED) . CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS 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. CERTIFIED MAIL NO.: 7000 0600 0028 1268 8844 We'll assume the validity of this lien unless you act to dispute it, or any part thereof, within 30 days after receipt of this letter. If within the aforesaid 30 day period you notify us in writing of such a dispute (entire or partial), we'll obtain and mail to you verification of the lien or a copy of any judgment against you. If requested by you within the aforesaid 30 day period, we'll provide you with the original creditor's name and address, if different from the current creditor. This communication is from a lien collector and is an attempt to collect a lien. Any information obtained from you will be used for lien collection purposes. northwest\myers\act6,2 '0"-" "'"'...'" ~~ ,~?, Uf . \.....,/ . ~.~,. - - " J ",' I,~- " -,. ,- !j~:_l'lf~~:?, Re: Account #220111 October 2, 2001 TO: Nancy Lee Myers 10 East Street Mt. Holly Springs, PA 17065 FROM:Northwest Consumer Discount Company 227 Penrose Place Carlisle, PA 17013 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Northwest Consumer Discount Company(hereafter we, us or ours) on your property located at 10 East Street, Mt. Holly Springs, PA, Cumberland County, per Cumberland County Mortgage Book 1251, Page 58 IS IN SERIOUS DEFAULT because you have not made the monthly payment of $199.31 for the months of May 1999 through and including September 2001. The total amount now required to cure this default, or in other words, get caught up in your payments, as of September 19, 2001 is $5,579.99. You may cure this default within THIRTY (30) DAYS of the date of the receipt of this letter, by paying to us the above amount of $5,579.99 plus any additional monthly payments, late charges and other charges which may fall due during this period. If you cure this default within THIRTY (30) DAYS of receipt of this letter, such payment must be made either by cash, cashier's check, certified check or money order, and made at 227 Penrose Place, Carlisle, PA 17013. If you do not cure the default within THIRTY (30) DAYS of the receipt of this letter, then after said 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 and 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 THIRTY (30) DAYS of the receipt of this letter, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage lien. 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 the 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 the default within the aforesaid THIRTY (30) DAY period, you will not be required to pay attorneys' fees. If you have not cured the default within the aforesaid THIRTY (30) DAY period and foreclosure proceedings have begun after the aforesaid THIRTY (30) DAY period, you still have the right to cure the default and prevent the sale at any 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 any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest day that such a Sheriff's ,COC,'\.VG1'IBIT iI,,"""li ;/'-- )"k\ "{-, ~ ~ k_u.oP\"t, ~ M .'1;l'wIiIiIiiI!YI . ._......J J.', .1._ : II ~~~ ~".lli.till.~ ~~_;iliti~K#J;W'" sale could be held would be approximately February 4, 2002. 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 the following number: (717) 249-0722. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. 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 Sheriff 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 LIEN, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS LIEN. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE LIEN, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE; AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED) . CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS 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. CERTIFIED MAIL NO.: 7000 0600 0028 1268 8837 We'll assume the validity of this lien unless you act to dispute it, or any part thereof, within 30 days after receipt of this letter. If within the aforesaid 30 day period you notify us in writing of such a dispute (entire or partial), we'll obtain and mail to you verification of the lien or a copy of any judgment against you. If requested by you within the aforesaid 30 day period, we'll provide you with the original creditor's name and address, if different from the current creditor. This communication is from a lien collector and is an attempt to collect a lien. Any information obtained from you will be used for lien collection purposes. northwest\myers\act6 ',',',C~"," .n.J'BIT " ]'I( ,! ,):: I" i' i i n""'t,",,0~' V 1'l" ,---~ .,,-- "_I I'-~. ' I..:.. . aili'~~~f' IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS Date: October 2, 2001 Re: Account #220111 TO: Thomas Frank Myers 10 East Street Mt. Holly Springs, PA 17065 FROM:Northwest Consumer Discount Company 227 Penrose Place Carlisle, PA 17013 Your mortgage is in serious default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $5,579.99 as of today' s date and is increasing on a daily basis thereafter. That sum includes the following: principal and interest due for May 1999 through and including September 2001. Your mortgage is also in default for the following reason: N/A You may be eligible 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 has 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 rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with the lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of our representative is: Northwest Consumer Discount Company 227 Penrose Place Carlisle, PA 17013 (717) 249-0722 ~~ r">:~ Vi '<,,--~JI ", "-,"""."""........ - . ~.~. 1- ~'~- .;.~~" '". [;1.:':" ..~-',;~i The name(s), address (es) and telephone designated consumer credit counseling agency(ies) is number(s) (are) : of (a) CCCS of Western Pennsylvania, Inc. 2000 Ling1estown Road Harrisburg, PA 17102 (717)541-1757 Financial Counseling Services of Franklin 31 West 3cl Street Waynesboro, PA 17268 (717)762-3285 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717)234-5925 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717)243-3818 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717)232-9757 It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed above. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately and you will forfeit your eligibility for assistance. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. ,O"""',7r "BiT liD' if i):""" ~\; ?'"'""I1 ~ 'I 6_,,;l l:.J ~ ,J ~ 'I ~iIl' L. ~ _. L ,. '-, L '-jiJi_ - ,,- ~..c"'--~~MK" It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements as set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at: 2101 North Front Street, P.O. Box 8028, Harrisburg, PA 17105-8028. Telephone Number (717) 780-3800 or 1-800-342-2397 (toll free number) . Enclosed also is another notice from this lender 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 your rights described in this notice, we cannot foreclose upon you during that time. Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving that assistance. CERTIFIED MAIL NO.: 7000 0600 0028 1268 8844 We'll assume the validity of this lien unless you act to dispute it, or any part thereof, within 30 days after receipt of this letter. If within the aforesaid 30 day period you notify us in writing of such a dispute (entire or partial), we'll obtain and mail to you verification of the lien or a copy of any judgment against you. If requested by you within the aforesaid 30 day period, we'll provide you with the original creditor's name and address, if different from the current creditor. This communication is from a lien collector and is an attempt to collect a lien. Any information obtained from you will be used for lien collection purposes. north~est\myers\act91.2 EXHIBiT !lD!i ,~iIilili ~-""" "~- L ..1--.. -" - ~ -._...._,,-'~"""~im~J::r'l!j;J;iN:1 IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS Date: October 2, 2001 Re: Account #220111 TO: Nancy Lee Myers 10 East Street Mt. Holly Springs, PA 17065 FROM:Northwest Consumer Discount Company 227 Penrose Place Carlisle, PA 17013 Your mortgage is in serious default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $5,579.99 as of today's date and is increasing on a daily basis thereafter. That sum includes the following: principal and interest due for May 1999 through and inCluding September 2001. Your mortgage is also in default for the following reason: N/A You may be eligible 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 has 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 rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with the lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of our representative is: Northwest Consumer Discount Company 227 Penrose Place Carlisle, PA 17013 (717) 249-0722 u:: V fl.~ ~ R, f:: ~r ~~ C'~')'.: ~ii ~\. :' '. . '> ,~,.~~~ . ~ I - 1M '';'~~-!I!i!0;, The name(s), address (es) and telephone number(s) designated consumer credit counseling agency(ies) is (are): of (a) CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717)541-1757 Financial Counseling Services of Franklin 31 West 3cl Street Waynesboro, PA 17268 (717)762-3285 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717)234-5925 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717)243-3818 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717)232-9757 It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed above. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately and you will forfeit your eligibility for assistance. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. EXHIBIT "0" ~ ."""~--,~~~ ~ - ~,~"- ~ I', . ~-"~ - . "~"'~lilij" :loWMj,i@j'!) It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued agsinst you if you have met the time requirements as set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at: 2101 North Front Street, P.O. Box 8028, Harrisburg, PA 17105-8028. Telephone Number (717) 780-3800 or 1-800-342-2397 (toll free number) . Enclosed also is another notice from this lender 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 your rights described in this notice, we cannot foreclose upon you during that time. Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving that assistance. CERTIFIED MAIL NO.: 7000 0600 0028 1268 8837 We'll assume the validity of this lien unless you act to dispute it, or any part thereof, within 30 days after receipt of this letter. If within the aforesaid 30 day period you notify us in writing of such a dispute (entire or partial), we'll obtain and mail to you verification of the lien or a copy of any judgment against you. If requested by you within the aforesaid 30 day period, we'll provide you with the original creditor's name and address, if different from the current creditor. This communication is from a lien collector and is an attempt to collect a lien. Any information obtained from you will be used for lien collection purposes. northwest\myers\act91 EXH\8lT ll!i""',li 'i,j".} ;,,;t;~_;!l:~1\~,tl'.jl"i,,'i"1!-\"'::iJ~"'il""~,~~:"""_;Lhi<f.i'J,'W!:N#...li;>ji3.'H.Ei\""f;~i';;'i;,'-"-~4j!i;.k{4ti;,";q;;;T.i;.ti';g<l'1!Ih<.',,j,,";";<;lit1.i,,~j~""lffliillil;'2i\?-i~,"iliifulIdmm , '"'~ \1 t -, ,.".~ , . ]V ~ ~ "Q. ~ ~ "L ~ i <- ).J ~ .t 1 51) ~ () ~ b ~ 11(/ p::~ ~t "< ~ ^ .,~"~~,~,- ~ ~ ,,~, ~ ,~ 'lit~n~~r AIL';'" Y'l~ _w.' < .,__ "~, (") 0 0 c.: ...,t :;::: Z :;:;:! "nO] ;::) mr:l -- i-?i;n 2:J:J 2S;: -,'~n 1 ~~7 w ~~::~~ 8 kO -0 -.'.'1 ;P.o :J~ tj~S 20 >c w Or"n 2 ~ "'" ~,; :;t 0;:;:.. .. ~J -< _.," '" -;'~j"'~liililli<.!bJ'~"--" ,,,,,,,--,,~~ 1"':_ _ 1 1........ " '......... J ~ ~i ' ~~,--- '-\"'-&"~~H" SHERIFF'S RETURN - REGULAR - CASE NO: 2001-06444 P COMMONWEALTH OF PENN$YLVANIA: COUNTY OF CUMBERLAND: NORTHWEST CONSUMER DISCOUNT CO VS MYERS THOMAS FRANK ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County,Pe~nsylvania, who being duly sworn according to law, says, the within COM~LAINT - MORT FORE was served upon MYERS THOMAS FRANK the DEFENDANT , at +919:00 HOURS, on the 15th day of November, 2001 at 10 EAST STREET MT HOLLY SPRINGS, PA:17065 by handing to THOMAS MYERS a true and attested 80PY of COMPLAINT - MORT FORE together with and at the same time,directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.90 .00 10.00 .00 31.90 So Answers: r'~~<~ R. Thomas Kline 11/16/2001 YOFFE & YOFFE me this ':1I..-:r;." day of By: 0'~Cm'rn ~~ Deputy Sheriff Sworn and Subscribed to before ~~ >>vI A.D. Q~{2~/~ prothonotar ._~ ~ ..."I_~o.~ ".-~. .- ~ j I I _.....J""""'-" I . Iii ~ JY'~--' .M<!hiJ(':ttt~, . , SHERIFF'S RETURN - REGULAR - CASE NO: 2001-06444 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTHWEST CONSUMER DISCOUNT CO VS MYERS THOMAS FRANK ET AL SHANNON SUNDAY , 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 NANCY LEE the DEFENDANT , at 1919:00 HOURS, on the 15th day of November, 2001 at 10 EAST STREET MT HOLLY SPRINGS, PA 17065 by handing to THOMAS MYERS, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff'S Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r-~~-,~~ R. Thomas Kline 11/16/2001 YOFFE & YOFFE Sworn and Subscribed to before By: s~~~~~~~ <'-' me this ..2(.. ~ day of 11~....JJ-<.<./ oUHJ I A . D . ~~a~# Prothonotary ;; .l. 1",;- ~" L...... 1 .:'-,,'. ~ _'~ , :-\ '"''''f,1 - ~ - NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-6444 THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE PRAECIPE To the Prothonotary of cumberland County: Please enter judgment, by default, in mortgage foreclosure in favor of Plaintiff, Northwest Consumer Discount Company, and against Defendants Thomas Frank Myers and Nancy Lee Myers, in the amount of $14,216.46 plus $386.00 interest (from September 18, 2001 to December 27, 2001) for a total of $14,602.46 for their failure to file an Answer or otherwise plead to the Complaint in this case within the time allowed by law. A copy of the notice required by Pa. R.C.P. 237 is attached hereto and it is hereby certified that said notice was mailed to Thomas Frank Myers and Nancy Lee Myers on December 6, 2001. YOFFE & YOFFE, P.C. DATED: FFRE N. YOFF , ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 northwest\myers\default\praecipe "'I~,".h _ .._, "......,~._, I - I, " --..- ~~( .,...,.:. _~" 1"",," __ .. '-" " ~'-,-' '~;-. NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-6444 THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE TO: Thomas Frank Myers, 10 East Street, Mt. Holly Springs, PA 17065. DATE: December 6, 2001 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 (717)249-3166 OR (800)990-9108 NOTICIA IMPORTANTE TO: Thomas Frank Myers, 10 East Street, Mt. Holly Springs, PA 17065. FECHA DE NOTICIA: December 6, 2001 US TED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OSTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADA 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA 0 LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTEMBER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 YOFFE, P.C. # YOFFE, E QUIRE Attorney for Plaintiff 214 Senate Avenue. Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained from you will be used for debt collection purposes. northwest\myers\10day ~; r" "~- - .~~- ~~ .....:........_- " ~~ J - ~ ~. L -.-tr , - ~ t:ilig;:[~@~~...t\<h".< NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-6444 THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE TO: Nancy Lee Myers, 10 East Street, Mt. Holly Springs, PA 17065. DATE: December 6, 2001 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 h~ARING 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 Car1is1e,PA 17013 (717)249-3166 OR (800)990-9108 NOTICIA IMPORTANTE TO: Nancy Lee Myers, 10 East Street, Mt. Holly Springs, PA 17065. FECHA DE NOTICIA: December 6, 2001 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEPIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OSTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADA 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA 0 LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTEMBER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 YOFF , ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained from you will be used for debt collection purposes. no~thwest\myers\10day2 ;tj-..v~~.~~i@!~;&i~~ll~jj;-!;;.j.~!...i;lf.-~~iHih%;f-;..Mj;G-..jrS...1-"Y4,li'~+;~,~h'+?\a,0rs;.t~lli~'>&!~:f~i;~Fi!<gt'-iiffi;i'l!,~llii~ltw~~it.;ii-ii..~~jjjt - ~-. "';~<-""",'~"""(l 'i~:m.~ JliUlIHJ1Ii.-.. il:l![1riil 'Ii '='*~"l!lr:; t (J <IQ. 1 1- :-0 <:) 0 0 c -p ~ 0 $:' Cl --1 -0 0:: ['\"1 ~~~.~ 0 n1rn ("'"') - Z::x:J r- ....... :z: r" N ~~'O "- -.J ~~: .....j ;~~~ '-.:\ !l-.J rfJ !<,O -"D i c- O' ~C) :1' (~5 -. r :1>8 r;1 q;--n t.r -. Z 'J:">" K -....l J :< N :::0 Iv '< .- '"-" .~_.<=-".~~,.I~ ~,~. c G"",i:lmI' ~ ~ NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff vs. THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants L""",,," 0'" -,^ '~'h,' : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6444 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE AFFIDAVIT OF NONMILITARY SERVICE To the best of the Plaintiff's and the undersigned's knowledge information and belief, Defendants are not in the military service as defined and covered by 50 U.S.C.A. Section 501 et seq. Date: northwest\myers\default\nonmilitary YOFFE & YOFFE, P.C. f y N offe, E quire Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 ~21i';:j1i>i!M;iJOiill\1~ji.,,*,\i'~~'Hi'^-*7!;~_M'j,<,"-,",,".;,'J4'''' -,;"",,';J';"':i:}~~,ro\:.'~'iewl~~iIi'JiIf\t~'1ii!)fijll!~mili@fj~ll.llijJili~~i~lnili~I"~'''''''''' ',l;,.hl-f -,~-.! "","" ~ . _~ ~V~^_''"_~ _0 . . __. . ~" " d, ~ _,_". .,' " = ill ~ " - , =-" . 0 0 () C -n s: CJ . ~~ -0 OJ fT1 ~,:~;;1 I11rr " Z:L' N .,:'-\1 7'- ?:'~'T' V5::J:-:" ...J ~<:'Z. ,-< C-J ~G ""U --:;:!-tl ~O ::l!: C:~i~~ -0 .,.'-rT1 ;t;c ~ q ~ Z 1'0) ~ ~ f" :/""'1.:.1 I, "' IliolIiai .;...;.; ,",", '~iiHfu'Ji~~J . ' NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-6444 THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE CERTIFICATION OF ADDRESSES The undersigned certifies that to the best of Plaintiff's knowledge the names and addresses of the proper individuals who are to receive notice of entry of judgment in the above captioned action are as follows: Thomas Frank Myers 10 East Street Mt. Holly Springs, PA 17065 Nancy Lee Myers 10 East Street Mt. Holly Springs, PA 17065 YaFFE & YaFFE, P.C. Date: . Yoffe, squire Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 northwest\myers\default\certification of addresses "",1lilii"""_""",~,.,",,,,,,,,,,,,,,,,,,,,,,,,d,',~,,, +,,,,~,,",,,,,,,,,""',""",",MruH",'ii"","'~'W,"""'_""""""'" ~'IK~ ,,' '~'I~:i!tlllliJiII'1 . ~~" ~ ,~-~:, .- , ~ > ,.", l:ji!l-lIlllr!'!l~~i'i"<''''~lill. ~~- """-~' .., 0 C> C) C -fl s:: '-' ;:gg:; r'"1 ., -Tj Z:Cf n 'l'~"': :zy N ", -.r,~ 05' -.i ';0 -<.Z ~)~~ l<CJ ~. ~() :X ~:~!f5 ~g ry Ol"'n "'? ::;! ~ I'> ::0 N -< E~ IV-/' ,w""--,,b.~_''''''''''''' ' -~ """"-" ~ "I,,," ~~, ,....._Ji>_ '''--Mi'";'~'''''',:-j: , NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-6444 THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary of Cumberland County: Please issue writ of execution in the above matter: Amount Due Interest from 12/27/01 to 6/5/02 [Costs to be added] $14,602.46 $617.60 $ YaFFE & YaFFE, P.C. Date: . Yaffe, Esquire ttorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 northwest\myers\execution\praecipe for writ -"" ;k'~'_;'~""igj,t.t4f<1\;'1-~~'ffit-,,;@;ll."'!l!di~tllj~~r,;t;i.@:~~ ',;~~~t1~~'i';f;'fr,y,1j!;";~tJ-~'~,;!1'8;'1~H4~"",,;,;&,lJ.,;;Y.~'i.d"."i{,;,,'iii>~','" ~ r-> ::J" ~ - - ~ -C.. ~~ -I:. I:, ~ ....J \' 5!' -4 r cJ ',E, (f', \j) .t T ,~ v ~ :-- GJ --t: - 1> ~ - ~. -:-- ~ Or SJJ ", '~ ~ ~ ~ ~ ~ ~ ~aL V d} I:-J . ~~~ a--< ~ C' \):;) ;t:5 ril :'\ ~ oC p ,~"'~"":',,;;,,,",: """'---'"\ill:.''' ",' 'U -,,-c"iflaJt_iiiil --"< .' 'f; , 0 0 ~ C N ;,;: ...., .---1 -oCt.1 f"1 ;~i -n mr,: co -?:X'; N --(-1m zc' ,..c_. , 01 ,,',0;-' ~C" ~,~i~) ,,< r::c' :~ :~,.,~"j ); zO _:0.. '::jo :;:;8 r:- om ~.-! ~ 55 (:;:J --< ~~... J, ~ . ~ """"~ .~ ,."..~~-~~" ~ - "~ ,I L -""~ ., . j......, - ., '~ - -"I ._"*"~,'>.\H",,,,,,~5J"h" " DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 2001-6444 Judgment Amt: $14,602.46 Executing Creditor's Atty: Avenue, Suite 203, Camp Hill, Jeffrey N. Yoffe, Esquire, PA 17011. 717-975-1838 214 Senate ALL THAT CERTAIN lot of ground situate in the Borough of Mount Holly Springs, County of Cumberland and State of Pennsylvania, bounded and described in accordance wi th a survey and plan thereof made by Ernest J. Walker, Prof. Eng., dated July 24, 1964, as follows: BEGINNING at a point on the southwest side of East Street, said point being 50 feet northwest of South Street; thence extending along land now or late of Virgil Miller, south 43 degrees 45 minutes west 180 feet to a point on the northeast side of an alley (presently unopened); thence along the same north 46 degrees 15 minutes west 91 feet to a corner of land now or late of Thomas K. Nell; thence along said land north 43 degrees 45 minutes east 180 feet to a point on the southwest side of East Street aforesaid; thence along the same south 46 degrees 15 minutes east 91 feet to the point and place of BEGINNING. Having thereon erected a one-story frame dwelling known as No. 10 East Street. Being the same premises which Donald E. Cooley granted and conveyed to Thomas Frank Myers and Nancy Lee Myers pursuant to deed recorded in Cumberland County Record Book E, Volume 34, Page 888 dated September 26, 1989 and recorded September 29, 1989. Having Tax Parcel #23-32-2336-112 To be sold as the property of Thomas Frank Myers and Nancy Lee myers under Cumberland County Judgment No. 2001-6444 EXHIBIT "A" ,-,"" .,"=~.._- ~ "~~I , "'"'~. _.J '-"=- -~'~'1~--'~'~'-":; ~ ,,,. " NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-6444 THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE AFFIDAVIT UNDER PA. R.C.P. 3129.1 Yaffe & Yaffe, P.C. by Jeffrey N. Yaffe, Esquire, P1~intiff, in the above action, sets forth as of the date for the writ of execution was filed the following concerning the real estate located at 10 East Street, Springs, Pennsylvania, per further description attached Exhibit IIAII: Attorney for the praecipe information Mt. Holly hereto as 1. Name and address of owner(s) or reputed owner (s): NAME: ADDRESS: Thomas Frank Myers 10 East Street Mt. Holly Springs, PA 17065 NanCY Lee Myers 10 East Street Mt. Holly Springs, PA 17065 2. Name and address of defendant (s) in the judgment: NAME: ADDRESS: Thomas Frank Myers 10 East Street Mt. Holly Springs, PA 17065 Nancy Lee Myers 10 East Street Mt. Holly Springs, PA 17065 3. Name and address of every judgment creditor whose judgment is a record lien on the real estate to be sold: NAME: ADDRESS: Beneficial Consumer Discount Company P.O. Box 7040 Mechanicsburg, PA 17055 Lee S. Cahilly 16 North Thrush Drive Carlisle, PA 17013 Northwest Consumer Discount Company 227 Penrose Place Carlisle, PA 17013 Northwest Consumer Discount Company 2 Liberty Street Warren, PA 16365 t'.Ij,.;,l<i'___"" - '""""~~ - -'" .... ' h'~" ' - d~i"a;ijM5%bi; . ,. 4. Name and address of the last recorded holder of every mortgage of record: NAME: ADDRESS: Defense Activities Federal Credit Union 5275 East Trindle Road Mechanicsburg, PA 17055 Northwest Consumer Discount Company 227 Penrose Place Carlisle, PA 17013 American General Finance Inc. 6 South Hanover Street Carlisle, PA 17013 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105-5530 5. Name and address of every other person who has any record lien on the property: NAME: ADDRESS: Cumberland County Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME: ADDRESS: None 7. Name and address of every knowledge who has any interest the sale: NAME: other person of whom the plaintiff has in the property which may be affected by ADDRESS: None '",~,*,~~,,","",,~~ ~ ~ ~ ~" "~....... ~J.__ 1'1 - ..J.................... "~ .',*,-,~ ~~~i:,; . .... , I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. YOFFE & YaFFE, P.C. DATED: FFREY N. YO F , ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 northwest\myers\exe~ution\aff3129 - lfl .w '''''''''''~'''''' _I , ,- ,-< .I- - "-=~ ~ .~ .. DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 2001-6444 Judgment Amt: $14,602.46 Executing Creditor's Atty: Avenue, Suite 203, Camp Hill, Jeffrey N. Yoffe, Esquire, PA 17011. 717-975-1838 214 Senate ALL THAT CERTAIN lot of ground situate in the Borough of Mount Holly Springs, County of Cumberland and State of Pennsylvania, bounded and described in accordance wi th a survey and plan thereof made by Ernest J. Walker, Prof. Eng., dated July 24, 1964, as follows: BEGINNING at a point on the southwest side of East Street, said point being 50 feet northwest of South Street; thence extending along land now or late of Virgil Miller, south 43 degrees 45 minutes west 180 feet to a point on the northeast side of an alley (presently unopened) ; thence along the same north 46 degrees 15 minutes west 91 feet to a corner of land now or late of Thomas K. Nell; thence along said land north 43 degrees 45 minutes east 180 feet to a point on the southwest side of East Street aforesaid; thence along the same south 46 degrees 15 minutes east 91 feet to the point and place of BEGINNING. Having thereon erected a one-story frame dwelling known as No. 10 East Street. Being the same premises which Donald E. Cooley granted and conveyed to Thomas Frank Myers and Nancy Lee Myers pursuant to deed recorded in Cumberland County Record Book E, Volume 34, Page 888 dated September 26, 1989 and recorded September 29, 1989. Having Tax Parcel #23-32-2336-112 To be sold as the property of Thomas Frank Myers and Nancy Lee myers under Cumberland County Judgment No. 2001-6444 northwest\myers\execution\description of property EXHIBIT OIAll ft1-1ii" .1iI;~.tbt ;:<"il;~~~lib;i;.Jli;"~!/{~~:@it:f:""-'!;;"H'i~'I,t:N-Sl.l!Jit'-'&!;j~jl!j",;';',,-z,.-f,.o~ ",-::'&-i',U:H,"h"J"'Wtc;d;"_,;",(",'"I~;,,",~,;:..;,,,~&ii;:i:1'iJtll"'d"",,,,~!i:~'~ -i' """ \J' ~ M^~ -~". -IT-' ,-''=0- -"'~.rrill11IHSi~ifil;:j~ ~ll;______ (") C) C'J c: N -1"} <'" .." -0 EO ['l"1 ~ 52S:] CD Zr; N ..::~ ;!j (J)~>, t!', , T ~"'.. .,_.~() ;<0 -0 --~- "j'. :PC' ~ ~~~ ~':'~ Z ' 5>8 r:- c5rn ~ -., 5J -< .OR"! , ....... a - \ o -t: -12 ~ c;;.~~' .~"'-o 0., ""~~.-" m "'"..,--~.~ ". ~.. ~ ,_"",.,.",_..",~_,,J_. ~~Mf,,, ... " .. NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-6444 THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA.R.C.P. 3129 TO: Thomas Frank Myers and Nancy Lee Myers, defendants and owners (or reputed owner) in the above captioned action and with respect to real estate hereinafter described, and all other parties in interest and claimants: YOU ARE HEREBY NOTIFIED, that by virtue of the Writ of Execution issued out of the Court of Common Pleas of Cumberland County on the Judgment entered to docket number 2001-6444 in said County, the real estate described herein will be exposed to public sale as set forth herein. Pursuant to the aforesaid Writ of Execution, the Sheriff of Cumberland County will expose to public sale the aforesaid real estate and improvements thereon erected, if any, described in Exhibit "A" attached hereto and made a part of this notice. Said public sale will occur in the Cumberland County Courthouse, located at 1 Courthouse Square, Carlisle, Pennsylvania, on the 5th day of June, 2002 at 10: 00 A.M. YOU ARE ALSO NOTIFIED that you may have legal rights to prevent the aforesaid real estate from being sold, including your right to file a petition to open, strike or set aside the judgment entered against you which permitted this writ to issue, and perhaps to prevent a Sheriff's sale. Also, if your property is sold, you may have the right to have the sale set aside if the price is "grossly inadequate". However, if you wish to exercise your rights, you must act promptly. 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 SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET HELP: ");i >,'~~ ~ ~ , - - , .,___1.. ~~_ ~. ,~~~-I'. "'~"'lI. . "... 1.i>!.IJ..d . . - Jli:..u '1' - .il'Jll!!t:t --.D. -~ilbi " ... . . Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 YOU ARE FURTHER NOTIFIED that a proposed schedule of distribution of the proceeds of the above sale will be filed by the said Sheriff of Cumberland County, on a date specified by the Sheriff not later than 30 days after the sale, and that distribution of said proceeds will be made in accordance with the said schedule of distribution unless exceptions are filed thereto within ten (10) days after the filing of the schedule. Your real estate will be sold at Sheriff's sale, as indicated above, unless the judgment, together with the costs and interest, is paid in full beforehand, or in such amount as the law otherwise requires to stop the sale. The Sheriff of the aforesaid County is required by law to post in his office and on the real estate as well, a handbill notice of the sale, which notice may contain additional information concerning the sale and which may be of interest and value to you. The Sheriff's handbill must be posted as aforesaid at least 30 days before the sale. The entire contents of the aforesaid Sheriff's handbill are incorporated herein as part of this notice, as fully as though the Sheriff's handbill notice were herein set forth at length. YaFFE & YaFFE, P.C. Date: OFF, SQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 northwest\myers\execution\notice of sale " ,^,--" """'-~-,"''" -"" - _"I - :wi.--' """"'~W;d!C'" ..."" . '" DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 2001-6444 Judgment Amt: $14,602.46 Executing Creditor's Atty: Avenue, Suite 203, Camp Hill, Jeffrey N. Yoffe, Esquire, PA 17011. 717-975-1838 214 Senate ALL THAT CERTAIN lot of ground situate in the Borough of Mount Holly Springs, County of Cumberland and State of pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Prof. Eng., dated July 24, 1964, as follows: BEGINNING at a point on the southwest side of East Street, said point being 50 feet northwest of South Street; thence extending along land now or late of Virgil Miller, south 43 degrees 45 minutes west 180 feet to a point on the northeast side of an alley (presently unopened) ; thence along the same north 46 degrees 15 minutes west 91 feet to a corner of land now or late of Thomas K. Nell; thence along said land north 43 degrees 45 minutes east 180 feet to a point on the southwest side of East Street aforesaid; thence along the same south 46 degrees 15 minutes east 91 feet to the point and place of BEGINNING. Having thereon erected a one-story frame dwelling known as No. 10 East Street. Being the same premises which Donald E. Cooley granted and conveyed to Thomas Frank Myers and Nancy Lee Myers pursuant to deed recorded in Cumberland County Record Book E, Volume 34, Page 888 dated September 26, 1989 and recorded September 29, 1989. Having Tax Parcel #23-32-2336-112 To be sold as the property of Thomas Frank Myers and Nancy Lee myers under Cumberland County Judgment No. 2001-6444 EXHIBIT "A" ~';~~ili~it~~<m\~1,. ,~~;i~!H;Ei~i1ill:\'iti-<rM>i>i4~"_~_",,B,b(1~;l;-:~ ,_' .';". ,,,,'_',Hi',-'i-,"E,,':;,;;'~.%!h,l'l';;:iil$.;',U;;,;!'i!i ,__0 ",,,,"":i\,:i,),;;,.trul~'~&')1t!~"'!lli'tE~!lIl>l~lij~'~"- ~ tr---jti~'1tt-i.'~ll1lljjiJ-^i' ~r i- ~" -~ ~.- r": ~ 11'~ 0 <::) 0 C N -,''I :s:: .." -OeD r." "" q)[;) CO r ~ -~j N -.'lm zC :)C,;; (I) ~l~' l.Ji ~f~ '_,.J L l <: 0 -0 ~~~;~ >'0 :1,'; ':..d?) Z' ~8 r;- L.m 8 ~ 5:i -< """''''''.,.~^ "==--Jlm. -- ~ -~' ~ __J . -.. ~ ~- ,-~"~" ....~_L ~~ - ; NORTHWEST CONSUMER DISCOUNT COMPANY, plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-6444 THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE The undersigned certifies that on April 8, 2002 he served a copy of the Notice of Sale attached hereto as Exhibit "A" on Members First Federal Credit Union, Northwest Consumer Discount Company, American General Finance, Pennsylvania Housing Agency, Inc.1 Beneficial Consumer Discount Company, Lee S. Cahi1ly and Cumberland County Tax Claim Bureau. Service was accomplished by depositing the same in the United States Mail, First Class, postage prepaid and addressed as follows: Members First Federal Credit Union Attn: Lynn Unger, Bankruptcy Specialist P.O. Box 40 5000 Louise Drive Mechanicsburg, PA 17055 Northwest Consumer Discount Company 227 Penrose Place P.O. Box 670 Carlisle, PA 17013 American General Finance, Inc. Attn: Kim Sr. Customer Service Rep. 6 South Hanover Street Carlisle, PA 17013 Pennsylvania Housing Agency 2101 North Front Street Harrisburg, PA 17105 Beneficial Consumer Discount Company Attn: Donna 4910 Carlisle pike Mechanicsburg, PA 17050 , ,",,- Lee S. Cahilly 1934 First Fork Road Austin, PA 16720 Lee S. Cahilly 1924 B. Fry Loop Avenue Carlisle, PA 17013 Lee S. Cahilly 16 North Thrush Drive Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 ,1'[, b. '. " "",' b:...r'~"'~";';'\wI\I1*~" A copy of the Certificates of Mailing are attached hereto as Exhibit nBn. northwest\myers\execution\certificate of service YOFFE & YOFFE, P.C. FFRE N. YOF E, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney rD No. 52933 '"" .'~ .,~,", ""~-".. ',~",-.d%f.\.'-"'_~" '~","_. """'li' < ,".",,,_,, ..- =~ .-",,,.-_,.,..=-.~ __~. "'_'o_'~=",,'''''~'''=_''-'~_ .~m'~,c.>>_ """"_fo" O.!~ ")., E~LE!)-o!:1=!f;C ;f ,: i:.r:' C":~r!T:.",:;'~~;:.._ , ,;,"uTARY 02 APR I g " y F'" I'! 2: 1::'4 . " CU'i1;""~-, """ n,-,_-jl/-i' c. ,. ;:::"- lLt,\(~:} ('n. !~ ~_ I.ENN:~"\';'iJ,o\,;;'<UIVi i' '.)JldlJ~!.11 "" "' ,IWIII!.e!lI~,~,"" ~~!"!'fflflf-!~;~f~l\\!'J'~~'O!.!Wie%J'~~,;,,"t"':'-':l<'e'~,",$e~;ijl''1:'',it~l''iij.m;~[<li'-1;;~,,,f:"w,""lii,<mlJ~f,^:~,'3,~f,li'F~~'lo,"J'1\i'1!~t~J!:~~~_~~~>;,itU~' L_w ^'__~, ~ i , 0 I" W~ " '." ,... ~" ~~~ .~ ~~~k; 'NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-6444 THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA.R.C.P. 3129 TO: Thomas Frank Myers and Nancy Lee Myers, defendants and owners (or reputed owner) in the above captioned action and with respect to real estate hereinafter described, and all other parties in interest and claimants: YOU ARE HEREBY NOTIFIED, that by virtue of the Writ of Execution issued out of the Court of Common Pleas of Cumberland County on the Judgment entered to docket number 2001-6444 in said County, the real estate described herein will be exposed to public sale as set forth herein. Pursuant to the aforesaid Writ of Execution, the Sheriff of Cumberland County will expose to public sale the aforesaid real esta.te and improvements thereon erected, if any, described in Exhibit "A" attached hereto and made a part of this notice. Said public sale will occur in the Cumberland County Courthouse, located at 1 Courthouse Squa.re, Carlisle, Pennsylvania, on the 5th day of June, 2002 at 10:00 A.M. YOU ARE ALSO NOTIFIED that you may have legal rights to prevent the aforesaid real estate from being sold, including your right to file a petition to open, strike or set aside the judgment entered against you which permitted this writ to issue, and perhaps to prevent a Sheriff's sale. Also, if your property is sold, you may have the right to have the sale set aside if the price is "grossly inadequate". However, if you wish to exercise your rights, you must act promptly. 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 SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET HELP: EXHiBIT "A" "'i "~.~~ ,-~.~ - ~W~-~ . -~- -~-~~-~" - I ~ .; I ~" ~ "oj,........ . .I. Il!.!,,*,lm~""_<l:i, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 YOU ARE FURTHER NOTIFIED that a proposed schedule of distribution of the proceeds of the above sale will be filed by the said Sheriff of Cumberland County, on a date specified by the Sheriff not later than 30 days after the sale, and that distribution of said proceeds will be made in accordance with the said schedule of distribution unless exceptions are filed thereto within ten (10) days after the filing of the schedule. Your real estate will be sold at Sheriff's sale, as indicated a.bove, unless the judgment, together with the costs and interest, is paid in full beforehand, or in such amount as the law otherwise requires to stop the sale. The Sheriff of the aforesaid County is required by law to post in his office and on the real estate as well, a handbill notice of the sale, which notice may contain additional information concerning the sale and which may be of interest and value to you. The Sheriff's handbill must be posted as aforesaid at least 30 days before the sale. The entire contents of the aforesaid Sheriff's handbill are incorporated herein as part of this notice, as fully as though the Sheriff's handbill notice were herein set forth at length. YOFFE & YOFFE, P.C. Date: By J. FFREY ttorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 ~orthwest\myers\execution\notice of sale EXHiBiT g!A'V =-"""'" " II." ~ ~~ ~ I DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 2001-6444 Judgment Amt: $14,602.46 Executing Creditor's Atty: Avenue, Suite 203, Camp Hill, Jeffrey N. Yoffe, Esquire, PA 17011. 717-975-1838 214 Senate ALL THAT CERTAIN lot of ground situate in the Borough of Mount Holly Springs, County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Prof. Eng., dated July 24, 1964, as follows: BEGINNING at a point on the southwest side of East Street, said point being 50 feet northwest of South Street; thence extending along land now or late of Virgil Miller, south 43 degrees 45 minutes west 180 feet to a point on the northeast side of an alley (presently unopened) ; thence along the same north 46 degrees 15 minutes west 91 feet to a corner of land now or late of Thomas K. Nell; thence along said land north 43 degrees 45 minutes east 180 feet to a point on the southwest side of East Street aforesaid, thence along the same south 46 degrees IS minutes east 91 feet to the point and place of BEGINNING. Having thereon erected a one-story frame dwelling known as No. 10 East Street. Being the same premises which Donald E. Cooley granted and conveyed to Thomas Frank Myers and Nancy Lee Myers pursuant to deed recorded in Cumberland County Record Book E, Volume 34, Page 888 dated September 26, 1989 and recorded September 29, 1989. Having Tax Parcel #23-32-2336-112 To be sold as the property of Thomas Frank Myers and Nancy Lee myers under Cumberland County Judgment No. 2001-6444 EXHIBIT "A" .-, "~'-'Wi>I;:'<; ~ ~~ , I' .~ II'- U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTEANATldNAL MAIL DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ~ ' "',,'v,d Fmm YOFFE & YOFFE, P.C. 214 SENATE AVENUE, SUITE 203 CA 170 PS Form 38,17. Mar. 1989 U.S. POSTAL SERV'CE CERTIFICA'T'E mo. . AILING MAY BE USED FOR DOMESTIC AND INTERNA1tOl'~ M:~ll DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ,,' R~c~ived From: YOFFE & YOFFE, P.C, 214 SENATE AVENUE, SUIn:: 203 CAMP HILL, PA 17011 PH. (717) 975-1838 One piece of ordinary mail addressed to: ~Hm\jjwr ~mjl1l~ QfmpAYi~ ;(~'7 ~nn\sp. .(J)OJlL ~O. ().u1/-fJ;1fl ~11.su P-/4 110/3 PS Form 3817. Mar. 1989 EXHIQll- !!!Oi~ bJ, !.:) ~= ',' j-u,. ~.~'1"'~ , .'i1Ji......~'il',"'M'''''''''f'''''!'=;- ... .- Affix fee here in stamps or meter postage and post mark, Inquire of Postmaster for current fee. I Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fea. ;,,' ,I I .,,- < -:::/r~>: , .', " -:,.,- , ,..', , < ,..", ~ -""~~.:i..:!"lcl", ,~- ......."'" U.S, PO TAL SERVICE CERTIFICATF'!!lF "MAILING MAY BE useD FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOP: INSURANCE-POSTMASTER > YOFFE & YOFFE, P.C. 214 gENA TF A 1J:=~JIlF ~I liT;:: :;1)::: , . CAMP Hill, PA 17011 PRo (717) 975-1838 Received from: .;~~ U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ' Received From: YaFFE & YaFFE, P.C. 214 SENATE AVENUE. SUllE 20~ CAMP HILL, PA 17011 PH. (711) 975-1636 PS Form 3817. Mar. 1989 U.S. PO TAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE POSTMASTER R",iv,d 'com, YOFFE & YOFFE, P.C. 214 SENATE AVENUE, SUITE 203 CAMP HILL, PA 17011 PH. (71 t) 97tl-111;j8 One piece of ordinary mail addressed to: 89 . I, - ~ I _ ~.......~ o,~ J '" Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee, Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. , ., , Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. ""'l'-~" .', , j, I j;~ ',-- .' ... , '-,- U.S. POST SERVICE CERTIFICAe-"OF \ AILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MA.-'i DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ' Received From: YOFFE & YOFFE, P.C. 214 SeNATE AVENUf:::, SUITE 203 CAMP HilL, PA 17011 PH. 1 975-1 ~~~~~ PS Form 3817. Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE F MAILING MAY BE USED FOR DOMESTIC AND INTERNA;nONAl M.l.ll, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Ree,;v.d From, YOFFE 214 SENATE AVENUE, SUITE 203 CAMP Hill, PA 17011 PH. (717) 9-75 1838 One piece of ordinary mail addressed to: ~('S. Cohi~ IqatJ ~ ~1tlp mnut C1lrldQ \1013 PS Form 3817, Mar. 1989 EXHIBIT "B" ,. , . ,;" :2J..'~~:L l..~ ~'.. f:~!f,,,~,,~,,,,,~',,i Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee, Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. ;-#.!~j;M~)""i\'~_:it~~~~iM~~-~~iMi~~_l:;~1:~'i~I",i<,j,j,,;;i~~ic"~~1i<:iiL_na~.tf~_IIliJ~JI~~iw~~~jiwWMJ""';'''''~'k..J o ,~_~ ,""""'_"""~_-=-"" ,_ ~ ~., -,~N ~, ", .~ ,,_, '" "'"'~~~ , ,,"""" .1 '~ . ~- - 'l_~-~"'''''"- ~, . () 0 0 C '''' '"T1 ::;:;... ~~~ ".. ::;:J -'~J ;;<:1 ;'-;1;.2] -I:; q 'Xl ::::J '- ----"'- (") , r-: ,-, ~~ ~.....- >...-- -" -'-", J'> ...-~ '.' , .-d '--7\.. ) .._,~, (5 (') ~E~ _:... r:? C) rn Z --.' 'J, )> .ni :D -', .;:- -< h.s ~rY ,- ,~ ,," ~I U.S. POSTAL SERVICE CERTI ICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT PROVIDE FOR INSURANCE-POSTMASTER -/. ' Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. Received From: YOFFE & YOFFE, P.C. 214 SENATE AVENUE, SUiTE 203 CAMP HILL, PA 17011 PH. (717) 975-1838 One piece of ordinary mail addressed to: J.€Q ,-<Z,. 0OJ~ . ~D~ lhrUsh 'hIve Ilsh PA I/DI3 PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE POSTMASTER Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. Received From: 214 SENATE AVENUE, SUITE 203 CAMP HILL, FA 17011 PH. (717) 915 1 S3S PS Form 3817, Mar. 1989 . ':.0.-"- lfu{~mi::.J,ii''"t.i;-.r>ill!i,i, lJllllll.ne lifE / STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ~____~_________~___ _______~__________________________________________Flecorderof Deeds in and for said County and State do 'hereby certify that the Sherifr. Deed in which _________ North~est Cons Disc Co . _______________________________ ______________________________ IS the grantee 5th the same having been sold to said grantee on the __~_______________________~______ day of . J.. ~ une ___________________________ A.. D., ; -----J under and by virtue of a writ__________ Execution . 25th ____________________________________lSSued OIl the __________________________ Feb day of ____~_____________~______ A. D., Civil __~_______________________________________________________~______________~____ Jrenn, : 6444 Northwest Cons Disc Co ~unober______________,.tthesuitof--------------------------------------___~___________ . Nancy Lee Myers & Thomas Frank Myers ___._______________________________agaJnst______________________________________~___________ ~ 252 1815 duly recorded in Sherifr. Deed Book ~o. ___________, Page _______ 02 ___...., out of the Court of Cornman Pleas of said Countyas of 01 I~ TESTIMONY WHEREOF, 1 have hereunto -;-tk d and seal of said office this ~~______ day ----------------- -~----- of ____ Mr ..::=""~=-==- ~\"::"h._-~,.Ji' , , ",~~...c_j;o~ ~ __, "'h~ ~_ "'" ." ..~J.--.._"... - ,~"_.,-" ~"ri ~__J;w._,'i Northwest Consumer Discount Company VS Thomas Frank Myers and Nancy Lee Myers l'&J. O/-/' <j'f'f In The Court of Common Pleas of Cumberland County, Pennsylvania David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on March 12, 2002 at 7:47 0' clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Thomas FIank Myers, by making known unto Thomas F. Myers personally, at 10 East Street, Mount Holly Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. David McKinney, Deputy Sheriff, who being dilly sworn according to law, states that on March 12, 2002 at 7:47 o'clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Nancy Lee Myers, by making known unto Nancy L. Myers personally, at 10 East Street, Mount Holly Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2002 at 8:30 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Thomas Frank MyeIs and Nancy Lee MyeIs located at 10 East Street, Mt. Holly Springs, Pennsylvania, according to law. 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: Nancy Lee Myers, by regular mail to her last known address of 10 East Street, Mt. Holly Springs, P A 17065. This letteI was mailed under the date of April 04, 2002 and never returned to the Sheriff s 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: Thomas Frank Myers, by Iegular mail to his last known address of 10 East Street, Mt. Holly Springs, P A 17065. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described pIemises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5,2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Jeffrey N. Y offe for Northwest Consumer Discount Company. It being the highest bid and best price received fOI the same, Northwest Consumer Discount Company of227 Penrose Place, Carlisle, PA 17013, being the buyer in this execution paid SheriffR. Thomas Kline, the sum of $762.04, it being costs. Sheriff s Costs: I:I.._~ 1'-~~ ~~...,~~"'_o....... Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library PIothonotary Service Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed $30.00 14.94 15.00 15.00 30.00 10.00 .50 1.00 9.66 .34 15.00 30.00 297.95 212.95 25.20 ~ 25.00 29.50 $762.04 paid by attorney 6/24/02 Sworn and subscribed to befoIe me This }.2~ day of q,,~ 2002, A.D. rtf' t2 7hJ.i- :~ othonotary so~ ..~ ~ I ~-~?~ '_4 R. Thomas Kline, Sheriff B'A.. J()rJ:i Jf/IA 7~ Real Estate eputy , J" ,.d_,," --'" r - .' , -a...' < ~" oF",W.i!M.-~",k ~' ~ Ifi) ]0' .;v \. 6~ 310 ~ eft-. ')-11- ~.I ; ~,~"~~~,~","~,""".,~-,", '~, ' _~J~"",,"",", ~"= ~__ , T' ~~,...J "'''''~~ . c. ~..-J~-~~~-""~~J.I_'lF'~~~~""C';.i.v:,",,,,~,; , . NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-6444 THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE AFFIDAVIT UNDER PA. R.C.P. 3129.1 Yoffe & Yoffe, P. C. by Jeffrey N. Yoffe, Esquire, Plaintiff, in the above action, sets forth as of the date for the writ of execution was filed the following concerning the real estate located at 10 East Street, Springs, Pennsylvania, per further description attached Exhibit "A": Attorney for the praecipe information Mt. Holly hereto as 1. Name and address of owner(s) or reputed owner (s) NAME: ADDRESS: Thomas Frank Myers 10 East Street Mt. Holly Springs, PA Thomas Frank Myers 10 East Street Mt. Holly Springs, PA 170~ 0 ~;;:; ,,) <C. ..." -06:; f"l1 1~ co , , '- N ~!~;ts Cl'22"': (]i ?:"" t ,'~', :<c) -0 u ~o r "-;:-, :::;c I}i~; 50 ...- 25m C ~ > ::0 -< 17065 Nancy Lee Myers 10 East Street Mt. Holly Springs, PA 2. Name and address of defendant (s) in the judgment: NAME: ADDRESS: Nancy Lee Myers 10 East Street Mt. Holly Springs, PA 17065 3. Name and address of every judgment creditor whose judgment is a record lien on the real estate to be sold: NAME: ADDRESS: Beneficial Consumer Discount Company P.O. Box 7040 Mechanicsburg, PA 17055 Lee S. Cahilly 16 North Thrush Drive Carlisle, PA 17013 Northwest Consumer Discount Company 227 Penrose Place Carlisle, PA 17013 Northwest Consumer Discount Company 2 Liberty Street Warren, PA 16365 -<=~'--....ro,;;,;;-,~ W 0=' -,.-.= "~"""""''''''"''''"~w''''''''''''"''''''''' ,I..,~ ~ ,~~ liI.~~'~'HG~.. _.I- "":';''''~''''~''_iOJ\~~~~.'''"-''''';'*;''~'_'' 4. Name and address of the last recorded holder of every mortgage of record: NAME: ADDRESS: Defense Activities Federal Credit Union 5275 East Trind1e Road Mechanicsburg, PA 17055 Northwest Consumer Discount Company 227 Penrose Place Carlisle, PA 17013 American General Finance Inc. 6 South Hanover Street Carlisle, PA 17013 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105-5530 5. Name and address of every other person who has any record lien on the property: NAME: ADDRESS: Cumberland County Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME: ADDRESS: None 7. Name and address of every knowledge who has any interest the sale: NAME: other person of whom the plaintiff has in the property which may be affected by ADDRESS: . None ,=~ - J.~..d"""""""''''~'~ - J;'~ ~k -~~" ~< ~~,~ ~-J.~'!_--""<.~'''''-''''~-i\o;ljt~'''_'llbii~IiJ!iiS:!',_i<\$-'',~''_'''''~",,'''~:;'' I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subj ect to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. YOFFE & YOFFE, P.C. DATED: By J FFREY ttorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 northwest\myers\execution\aff3129 ,,; .. ~"_~~_=~m~ ~""'~"~"" ,J,,--,-i.. 'Jili& oH J-=_.j"I!"'&"",""l'i"ll'""","_""!olllOl'!l"'W.~I!IIlilIW';""ill..,.0;'""J,~r;~. '. DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 2001-6444 Judgment Amt: $14,602.46 Executing Creditor's Atty: Avenue, Suite 203, Camp Hill, Jeffrey N. Yoffe, Esquire, PA 17011. 717-975-1838 214 Senate ALL THAT CERTAIN lot of ground situate in the Borough of Mount Holly Springs, County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Prof. Eng., dated July 24, 1964, as follows: BEGINNING at a point on the southwest side of East Street, said point being 50 feet northwest of South Street; thence extending along land now or late of Virgil Miller, south 43 degrees 45 minutes west 180 feet to a point on the northeast side of an alley (presently unopened) ; thence along the same north 46 degrees 15 minutes west 91 feet to a corner of land now or late of Thomas K. Nell; thence along said land north 43 degrees 45 minutes east 180 feet to a point on the southwest side of East Street aforesaid; thence along the same south 46 degrees 15 minutes east 91 feet to the point and place of BEGINNING. Having thereon erected a one-story frame dwelling known as No. 10 East Street. Being the same premises which Donald E. Cooley granted and conveyed to Thomas Frank Myers and Nancy Lee Myers pursuant to deed recorded in Cumberland County Record Book E, Volume 34, Page 888 dated September 26, 1989 and recorded September 29, 1989. Having Tax Parcel #23-32-2336-112 To be sold as the property of Thomas Frank Myers and Nancy Lee myers under Cumberland County Judgment No. 2001-6444 northwest\myers\execution\description of property EXHiBiT 'IAn ""~~> .-___~'.~_...._...,..,."',~""",L'"'~=>,"""""'_,...,.~ "-~ f ~ ''''"''..,~~~. '~~__,$i,;""""J8_.....~~"""",.;l:?",,''';''''',"~'-_''';;A;: y 'f NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-6444 THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA.R.C.P. 3129 TO: Thomas Frank Myers and Nancy Lee Myers, defendants reputed owner) in the above captioned action and with estate hereinafter described, and all other parties claimants: and owners (or respect to real in interest and YOU ARE HEREBY NOTIFIED, that by virtue of the Writ of Execution issued out of the Court of Common Pleas of Cumberland County on the Judgment entered to docket number 2001-6444 in said County, the real estate described herein will be exposed to public sale as set forth herein. Pursuant to the aforesaid Writ of Execution, the Sheriff of Cumberland County will expose to public sale the aforesaid real estate and improvements thereon erected, if any, described in Exhibit "A" attached hereto and made a part of this notice. Said pllh1ic sale T) 0 I} C"": f'.,) :"(:/ will occur in the Cumberland County Courthouse, located at l~~urt~ouae (pfT'i (-f.] 1-'-' ~ Square, Carlisle, Pennsylvania, on the 5th day of June, 20~~at:J:O:6~:~1 ~CJ \) .,--~() A.M. ~8 ::E; 'c:A j;:: C -;:- ;:~~:~ i'n YOU ARE ALSO NOTIFIED that you may have legal rights ~ p~ve~ the aforesaid real estate from being sold, including your right to file a petition to open, strike or set aside the judgment entered against you which permitted this writ to issue, and perhaps to prevent a Sheriff's sale. Also, if your property is sold, you may have the right to have the sale set aside if the price is "grossly inadequate". However, if you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE IF YOU DO SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET HELP: '--,".".-,.-t-;,,~~ .v ", --"." _",_~"",~,,,,".....,,,,,,",,,,. I. 1_- . '~'~"~M~~ ~.- ~~"~" ""'~-Illil&i'~~"""",,~,~_~'~~~,;;a":.""_-ciW,,,~,*i0t Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 YOU ARE FURTHER NOTIFIED that a proposed schedule of distribution of the proceeds of the above sale will be filed by the said Sheriff of Cumberland County, on a date specified by the Sheriff not later than 30 days after the sale, and that distribution of said proceeds will be made in accordance with the said schedule of distribution unless exceptions are filed thereto within ten (10) days after the filing of the schedule. Your real estate will be sold at Sheriff's sale, as indicated above, unless the judgment, together with the costs and interest, is paid in full beforehand, or in such amount as the law otherwise requires to stop the sale. The Sheriff of the aforesaid County is required by law to post in his office and on the real estate as well, a handbill notice of the sale, which notice may contain additional information concerning the sale and which may be of interest and value to you. The Sheriff's handbill must be posted as aforesaid at least 30 days before the sale. The entire contents of the aforesaid Sheriff's handbill are incorporated herein as part of this notice, as fully as though the Sheriff's handbill notice were herein set forth at length. YOFFE & YOFFE, P.C. Date: . YOFFE, E QUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 northwest\myers\execution\notice of sale -"~"~.v' -~~> ::-q """""-.....,"""-='=-i~,~" ~"~..",,~~""'--'"""I'^ -"-,, _J.-""'"tt<ll,_",_,,~,"';"_""'I\l;_~~~~;i(i~_''''''''';'''''I;'''",,'_~ DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 2001-6444 Judgment Arnt: $14,602.46 Executing Creditor's Atty: Avenue, Suite 203, Camp Hill, Jeffrey N. Yoffe, Esquire, PA 17011. 717-975-1838 214 Senate ALL THAT CERTAIN lot of ground situate in the Borough of Mount Holly Springs, County of Cumberland and State of pennsylvania, bounded and described in accordance wi th a survey and plan thereof made by Ernest J. Walker, Prof. Eng., dated July 24, 1964, as follows: BEGINNING at a point on the southwest side of East Street, said point being 50 feet northwest of South Street; thence extending along land now or late of Virgil Miller, south 43 degrees 45 minutes west 180 feet to a point on the northeast side of an alley (presently unopened) ; thence along the same north 46 degrees 15 minutes west 91 feet to a corner of land now or late of Thomas K. Nell; thence along said land north 43 degrees 45 minutes east 180 feet to a point on the southwest side of East Street aforesaid; thence along the same south 46 degrees 15 minutes east 91 feet to the point and place of BEGINNING. Having thereon erected a one-story frame dwelling known as No. 10 East Street. Being the same premises which Donald E. Cooley granted and conveyed to Thomas Frank Myers and Nancy Lee Myers pursuant to deed recorded in Cumberland County Record Book E, Volume 34, Page 888 dated September 26, 1989 and recorded September 29, 1989. Having Tax Parcel #23-32-2336-112 To be sold as the property of Thomas Frank Myers and Nancy Lee myers under Cumberland County Judgment No. 2001-6444 EXHIBIT "A" ~~ ,...~- .J' " "'"""''"''''', "- ,- I~gj~~_,w--~~ ~...,.........",...~~~~" WRIT OF EXECUTION andlor ATTACHMENT , . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs du\, Northwest Consumer Discount Company Plaintiff (s) From Thomas Frank Myers, 10 East Street, Mt. Holly Springs, P A 17065; Nancy Lee Myers, 10 East Street, Mt. Holly Springs, PA 17065 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE ATTACHED LEGAL NO 01-6444 Civil CIVIL ACTION - LAW DISCRIPTION (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; (2) 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 himlher that helshe has been added as a garnishee and is enjoined as ahove stated. Amount Due $14,602.46 Interest 12/27101 TO 615/02 - $617.60 Atty's Comm % Atty Paid $119.90 Plaintiff Paid Date: FEBRUARY 25, 2002 L.L. .50 Due prothy $1.00 By: REQUESTING PARTY: Name JEFFREY N. YOFFE, ESQUIRE Address: 214 SENATE AVENUE, SUITE 202 CAMP lULL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-975-1838 Supreme Court ill No. 52933 ~ ~~-; ~" '__""';":~""-~""'+"'~t'",,~,_t'J!;j;'f'rltri&e,;."Mt~Jr.tj,tid!!!;li!ij,j~~r""""'-' j _--ll!~~,,!ft Real Estate Sale # 4:l. On March 12, 2002 the sherifflevied upon the defendant's interest in the real property situated in Borough ofMt. Holly Springs, Cumberland County, PA known and numbered as 10 East Street, Mt. Holly Springs and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2002 By: Jo~J~ Real Estate Deputy ,_,~~~~~<~, ".J~~v_~,~__.~~~ _.~"__, ~ " _~ __--........"""""""'"__ I I~,<" - , . L ~ -"~...;;.' e"<,_',c;'",,,_,,~~.~;_ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor ofthe Cumberland Law Journal, ofthe County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was establiShed January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been Iegularly issued weekly in the said County, and that the printed notice OI publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: APRIL 26, MAY 3, 10, 2002 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 inteIested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the fOIegoing statements as to time, place and character of publication are true. ~~. SWORN TO AND SUBSCRIBED befoIc me this 10 day of MAY. 2002 NOli LOIS E. SNYDER, Notary PublIc . CIIl1lsle 1!oIo, CUmbeIIand County My CommIBBIIlII ExpiNs M8n:II 5,_ , I ' ~ "" REAL ESTATE SALE NO. 42 Writ No. 2001-6444 Civil Northwest Consumer Discount Company vs. Thomas Frank Myers and Nancy Lee Myers Atty.: Jeffrey Yoffee EXHIBIT "A" DESCRIPTION OF PROPERTY TO BE SOLD ALL THAT CERTAIN lot of ground situate in the Borough of Mount Hol- ly Springs, County of Cumberland and State of Pennsylvania. bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Prof. Eng.. dated July 24, 1964. as follows: BEGINNING at a point on the southwest side of East Street. said point being 50 feet northwest of South Street thence extending along land nowar late ofVirgll Miller. south 43 degrees 45 minutes west 180 feet to a point on the northeast side of an allf:Y (presently unopened): thence along the same north 46 degrees 15 minutes west 91 feet to a comer of land now or late ofThom- as K. Nell; thence along said land north 43 degrees 45 minutes east 180 feet to a point on the south- west side of East Street aforesaid; thence along the same south 46 degrees 15 minutes east 91 feet to the point and place of BEGINNING. Having thereon erected a one-story frame dwelling known as No. 10 East Street. Being the same premises which Donald E. Cooley granted and con- veyed to Thomas Frank Myers and Nancy Lee Myers pursuant to deed recorded in Cumberland County Record Book E. Volume 34, Page 888 dated September 26. 1989 and recorded September 29, 1989. Having Tax Parcel #23-32-2336- 112. To be sold as the property of Thomas Frank :Myers and Nancy Lee Myers under Cumberland County Judgment No. 2001-6444. L ~ co- _'; ~, "-:;:._-,,_",;~,,,Vi" "'-'-'~1"-""'ili(J,~A._' . -. ......-" THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of PublicatIon Under fv:j. No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and~ Sundav. 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 reguiar daily and/or Sunday! Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and ~mpowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution !,!nanimously passed and adopted severally by the stockholders and board of direqtors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SALE #42 ~~~...~.....................:......................... worn to and subscribed before 17th da 02 A.D. llEAL ESTATE SALE No. 42 .. Wrll No. 2001-6444 ___ _ C[vilTerm :--: Northwest Consumer Olscount Co. -. va- ~ - ~Thomas Frank Myers and Nancy Lee Myers . .- Atty: JeffreyYoffee -DESCRlI'TION ~ A!l. ~ CERTAIN Jot of ground situate in the ~rougli of Mount Holly Springs, County of ,~_and Statc._of Penosylvania, bounded jiod deSCfibed in accordance with a surve}' and ~plan thereo(made by. Ernest J. Walker. Prof. Eng.,. datedJuIy 24, 1964, as follow~: ':lfEGJNNING at a point on the 5uulbwe~t side of ; ~ Slree1,...said point being 50 feet nortbwe~l of th SD.iet; ~nce cx.tending along (and now or .s~U1h 4~ degrees 45 mlnu~ ,; . pOlllton tlie northcastsi4e I.)fan JunOl"ned!;.thcncc~o'.fihe'aiiii: Publisher's Receipt for Advertising Cost ~ OlIDUtes W!:,S~ 9~feet \0 a.. . _.'9"~~l!!J;9!J.1w",as !\- Ncll;:, publisher of The Patnot~News and The Sundav Patnot-News. newspapers of general . - ,.. .;.. i,~~L""d -~ 43 dCg>J:es 45 e receipt of the aforesaid notice and publication costs and certmes that the same have lJ!l,!IU~~.I-Oll.t.m to a poUlt 011 the southwesl ~ ot ~t .Street aforesaid; th~l1c_e along the ofa111e-smno 46 degrees [5 minutes east 91 feet to the point,. and place of BEGINNING. Having thereon erected a onNtory frameJiwelling known as No, lOEastStreeL BEING ihe ~e. premises which IXlI1a1d E. Cooley granted and conveyed to Thomas Frank ~e(ulIl(LNam:y Lee Myers pursuant 10 deed reeordeditJ. Cumbcr" land Count) Record Book E. \Wume J4. Page B8B dated September 26, 19&9 nndreo:wied.5cptember29,198\]. I:!A\'INU'Thx Parcel #23"32"2336-112, Tc be aol.d.as lhe property oEThomas Prank Myers and NanCy Lee Myers under Cumbcrland County J~Na-JJ.X)l-b444. NOlariarSeaJ Terry L. Russ~lI, Notary Public Harrisburg, Dauphin County My Commission Expires June 6. 2002 Member, Pennsylvania Association ot Notaries CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PAc 17013 NO ARY PUBLIC Y commission expires June 6, 2002 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 $ $ $ 211.20 1.75 212.95 By.................................................................... _ <~ ~ hh~' ,I J.\, ,..~ !L_i1J e I ., ~-~_ "'~'o~ , ',,,,'"',, ~-~ 111: >'-.. 1..1 i 'N'C:__~l!~~.1300~I~W~;5~~-\\"I'1'I,'~W"~i!i\l~W!Il~.il'Y'-'''W'i'':~''''~-'"'!'t1;,~1n~"-h~ """"~";)'f'~9'''''iI'!1!!i':~ij;fi~~~j