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Home My WebLink About99-03719L v cc?. C V u y V r., V 1" SHERIFF'S RETURN - REGULAR CASE NO: 1999-03719 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND S°¦ HOMESIDE LENDING INC VS. MYERS MARK A ET AL _Da•iid McKinn:?y , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon MYERS MARK the defendant, at 18:43 HOURS, on the 30th day of June 1999 at 906 DOUBLING GAP ROAD NEWVILLE, PA 17241 ,CUMBERLAND County, Pennsylvania, by handing to MARK MYERS a true and attested copy of the NOTICE AND COMPLAINT IN together with MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Soanswers- Docketing 18.00 Service 7.44 Q Affidavit .00 Surcharge 8.00 A' oiAline, S e i $3-3.44 PURCELL, KRUG & HALLER 07/01/1999 by?ili P Sworn and subscribed to before me this . lat- day of 19 99 A.D. rounonocary e? CASE NO: 1999-03719 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMESIDE LENDING INC VS. MYERS MARK A ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon MYERS DEBRA L the defendant, at 13:16 HOURS, on the 28th day of June 1999 at 906 DOUBLING GAP ROAD NEWVILLE, PA 17241 CUMBERLAND County, Pennsylvania, by handing to DEBRA MYERS a true and attested copy of the NOTICE AND COMPLAINT IN together with MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: z Docketing 6.00 Service .00 Affidavit .00 Surcharge 8.00 R- 1115mc15 Kline, -Sheriff $14 . U PU CELL, KRUG & HALLER 07/1999 by Shcirn,m ??txde?y. epu y S11eL?LLL Sworn and subscribed to before me this /aF day of 19 4°/ A. D. a, r //(GCf1? tQi?s' rocnonocer HOEMSIDE LENDING, INC. Plaintiff VS. MARK A. MYERS AND DEBRA L MYERS Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3719 CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE P R A E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants Mark A. Myers and Debra L. Myers for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows : Unpaid principal balance $83,126.44 Interest $ 5,376.32 (Per diem of $25.36 from 12/1/98 to 7/1/99) Accumulated late charges and Late charges $ 392.86 ($30.22 per month to 7/99) Escrow Credit $ 140.74 5? Attorney's Commission $ 4,125.32 TOTAL $93,202.68** ** Together with additional interest at the per diem rate indicated above from July 1, 1999, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, =Haer By. PA I.D. #15700 eon 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 L ? C•, V c_ lr r-r •. A V r ? LO W (0 o Oo G' Cl? t 3 5 J { ?+S p Yf?' iE a ai Gf]-° 3 4^ HOEMSIDE LENDING, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-3719 MARK A. MYERS AND DEBRA L. CIVIL ACTION - LAW - MYERS Defendants IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on Rl% 0-19 the following judgment has been entered against b yoin the above- captioned matter: $93,202.68 and for the sale and foreclosure of your property located at: 906 Doubling Gap Road, Newville, pA 17241 Dated: , qq PROTHONOTARY Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to PA R.C.P. No. 236: Mark A. Myers 906 Doubling Gap Road Newville, PA 17241 Debra L. Myers 906 Doubling Gap Road Newville, PA 17241 HOEMSIDE LENDING, INC. Plaintiff VS. MARK A. MYERS AND DEBRA L. MYERS Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3719 CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE P R A E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants Mark A. Myers and Debra L. Myers for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance $83,126.44 Interest $ 5,376.32 (Per diem of $25.36 from 12/1/98 to 7/1/99) Accumulated late charges and Late charges $ 392.86 ($30.22 per month to 7/99) Escrow Credit $ 140.74 5%- Attorney's Commission $ 4.125.32 TOTAL $93,202.68** ** Together with additional interest at the per diem rate indicated above from July 1, 1999, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, I LER By. eon P. Ha er PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 HOEMSIDE LENDING, INC. Plaintiff VS. MARK A. MYERS AND DEBRA L MYERS Defendants . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3719 CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 TO THE PROTHONOTARY: Issue Writ of Execution in the above matter on the real estate located at 906 Doubling Gap Road, Newville, PA 17241 as follows: Amount due pursuant to Judgment $ 93,202.68 Interest (Per diem of $25.36 from 7/1/99 to 12/8/99) $ 4,057.60 Late charges at $30.22 (7/99 to 12/99) $ 151.10 Escrow deficit $ 1,500.00 TOTAL WRIT $ 98,911.38** ** Together with any additional interest, charges and costs to the date of Sheriff's Sale. B: Dated: September 3, 1999 LEON P. HALLER I. D-. -#364II0- - ATTORNEY FOR PLAINTIFF 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attached is a description of the real estate. Y LEGAL DESCRIPTION ALL those tracts of land with the Improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a post at corner of lands now or formerly of Raymond H. and Bartle B. Boyles; thence West along lands now or formerly of Raymond H. and Bartle B. Boyles to a post at comer of lands of the Boyles and now formerly of John Nalfor, for a distance of 209 feet; thence North along lands now or formerly of John Nailor, a distance of 50 feet to a comer post; thence East along lands now or formerly of Edward L. Watson and Mary K Watson, his wife, a distance of 209 feet to a post; thence South along Highway Route 233, a distance. of 80 feet to place of BEGINNING. TRACT NO. 2 : BEGINNING at an iron pin at corner of lands now or formerly of Eugene E. Oiler, at ux, which point is in the center of a public highway known as Route #233 (Newvllle-Doubling Gap Road); thence in a westerly direction by a line at right angles to the aforesaid public road and along the land now or formerly of Eugene E. Oiler, at ux, 209 feet to a post at common comer with the lands now or formerly of Edward L. Watson and Mary K Watson, his wife; thence in a northerly direction by a line parallel with the aforesaid public road, 100 feet to an iron pint thence by same, in an easterly direction by a line at right angles to the aforesaid public highway, 209 feet to a point in the aforesaid public highway; thence along the center of the aforesaid public highway In a southerly direction 100 feet to the Place of BEGINNING. TRACT NO. 3 BEGINNING at a point of the Township Road between the Doubting Gap Road and the Enola-Roxbury Road at the comer of the property now or formerly of Raymond Boyles on the East; thence along the properties now or formerly of Boyles and other properties now or formerly of Myrl C. Dyarrran, North 12 1/2 rods, jo a, point In, the land now or formerly of Myrl C. Dyannan; thence West along the same, 2!t roda'to point in the Big Run; thence South along the course of the Run to the aforesaid described Township Road 8 112 rods; thence along said Township Road East 24 rods to the Place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 906 Doubling Gap Road, Newville, Pennsylvania BEING THE SAME PREMISES which Kathy D. Nye, by her Deed dated January 24, 1997 and recorded in Cumberland County Deed Book 152, Page 643, granted and conveyed unto Mark A. Myers and Debra L. Myers. TO BE SOLD AS THE PROPERTY OF MARK A. MYERS AND DEBRA L. MYERS UNDER JUDGMENT NO. 1999-3719 CIVIL TERM PARCEL NO. 15-05-0413-017 (LOT 1) ; 15-05-0413-019 (LOT 2); 15-05-0413-016 (LOT 3) r r ? L n0 c? X V• tj J O r HOEMSIDE LENDING, INC. Plaintiff VS. MARK A. MYERS AND DEBRA L MYERS Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3719 CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I hereby certify that on August 24, 1999 I served the Ten Day Notice required by Pa. R.C.P. 237.1 unon the 1o Fcn l? f/ \ ._ ?t:_ matter by regular first class mail, postage prepaid, as indicated on the attached Notice. PURCELL, KRUGG&& HALLER By C7,e6X,P: Haller P Imo' D. #k15700 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 Dated: September 3, 1999 HOMESIDE LENDING, INC. Plaintiff VS. MARK A. MYERS AND DEBRA L MYERS Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-3719 : CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: August 24, 1999 TO: MARK A. MYERS 906 DOUBLING GAP ROAD NEWVILLE, PA 17241 DEBRA L. MYERS 906 DOUBLING GAP ROAD NEWVILLE, PA 17241 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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: Lawyer Referral Service Court Administrator Cumberland County Bar Association Carlisle, PA 17013 717-240-6200 PURCELL, KR & HALLER By eo Halle Attorney for Plaintiff I.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 v? ??: - ? . ?;:; ,: ; ,,, ?_?; .. i?-: (-? ' _ -? c GGI l_?' 1 t3 ?' ?, i ? 1: le- [ G. 1'. iJ lJ .. HOEMSIDE LENDING, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-3719 MARK A. MYERS AND DEBRA L. CIVIL ACTION - LAW - MYERS IN MORTGAGE FORECLOSURE Defendants AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 906 Doubling Gap Road, Newville, PA 17241: 1. Name and address of the Owner(s) or Reputed Owner(s) : Mark A. Myers 906 Doubling Gap Road Newville, PA 17241 Debra L. Myers 906 Doubling Gap Road Newville, PA 17241 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: Automotive Finance Corporation Two Parkwood Crossing 310 E. 96th Street, Suite 300 Indianapolis, IN 46240 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: +1 y:K4K*1:01 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: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... DOMESTIC RELATIONS OFFICE Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Le Hal er PA 700 urcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 3, 1999 ?> > ` ?r ?- ?, ; ( ?:.? , ??: :::' , >. _ r.-, , r:.: ?? , ' ?- ??u? : ::: i.,: v: L? G'• :? HOEMSIDE LENDING, INC. Plaintiff VS. MARK A. MYERS AND DEBRA L MYERS Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3719 CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: the Sheriff's Sale of Real Property (real estate) will be DATE: WEDNESDAY, DECEMBER 8, 1999 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 906 DOUBLING GAP ROAD, NEWVILLE, PA 17241 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 99-3719 CIVIL TERM THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: MARK A. MYERS AND DEBRA L. MYERS 1 1% A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LEGAL DESCRIPTION ALL those tracts of land with the improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows; TRACT NO. t : BEGINNING at a post at corner of lands now or formerly of Raymond H. and Berne B. Boyles; thence West along lands now or formerly of Raymond H. and Bertie B. Boyles to a post at comer of lands of the Boyles and now formerly of John Nailor, for a distance of 209 feet; thence North along lands now or formerly of John Nailor, a distance of 50 feet to a comer post; thence East along lands now or formerly of Edward L. Watson and Mary K Watson, his wife, a distance of 209 feet to a post; thence South along Highway Route 233, a distance,of 80 feet to place of BEGINNING. TRACT NO. 2: BEGINNING at an Iron pin at corner of lands now or formerly of Eugene E. Oiler, at ux, which point is in the center of a public highway known as Route #233 (Newvllle-Doubling Gap Road); thence in a westerly direction by a line at right angles to the aforesaid public road and along the land now or formerly of Eugene E. Oiler, at ux, 209 feet to a post at common comer with the tends now or formerly of Edward L. Watson and Mary K Watson, his wife; thence In a northerly direction by a line parallel with the aforesaid public road, 100 feet to an Iron pinff thence by same, In an easterly direction by a line at right angles to the aforesaid public highway, 209 feet to a point In the aforesaid public highway; thence along the center of the aforesaid public highway in a southerly direction 100 feet to the Place of BEGINNING. TRACT NO. 3: BEGINNING at a point of the Township Road between the Doubling Gap Road and the Enola-Roxbury Road at the comer of the property now or formerly of Raymond Boyles on the East; thence along the properties now or formerly of Boyles and other properties now or formerly of Myrl C. Dyarman, North 12 1/2 rods, to a point in, the land now or formerly of Myrl C. Dyarman; thence West along the same 24'fods to point In the Big Run; thence South along the course of the Run to the aforesaid described Township Road 8 1/2 rods; thence along said Township Road East 24 rods to the Place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 906 Doubling Gap Road, Newville, Pennsylvania BEING THE SAME PREMISES which Kathy D. Nye, by her Deed dated January 24, 1997 and recorded in Cumberland County Deed Book 152, Page 643, granted and conveyed unto Mark A. Myers and Debra L. Myers. TO BE SOLD AS THE PROPERTY OF MARK A. MYERS AND DEBRA L. MYERS UNDER JUDGMENT NO. 1999-3719 CIVIL TERM PARCEL NO. 15-05-0413-017 (LOT 1) ; 15-05-0413-019 (LOT 2); 15-05-0413-016 (LOT 3) : tf? ? -" ?? ? i" C^ t? ? ? , . .. _ ? _? - , 1 f?. J V: ?: ,.? _) _ C_) ::? ?, HOEMSIDE LENDING, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-3719 MARK A. MYERS AND DEBRA L. CIVIL ACTION - LAW - MYERS IN MORTGAGE FORECLOSURE Defendants RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on QII11Ga , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: Mark A. Myers 906 Doubling Gap Road Newville, PA 17241 Debra L. Myers 906 Doubling Gap Road Newville, PA 17241 Automotive Finance Corporation Two Parkwood Crossing 310 E. 96th Street, Suite 300 Indianapolis, IN 46240 DOMESTIC RELATIONS OFFICE Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013-3387 By. Attorii s for Plaintiff 1719 orth Front Street Harrisburg, PA 17102 (717) 234-4178 r• LAW OFFICES PURCELL, KRUGA"HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 JOHN W. PURCELL TELEPHONE (717) 234-4178 HOWARD B. KRUG FORECLOSURE DEPT. FAX (717) 234.1206 LEON P. HALLER JOHN W. PURCELL JR. BRIAN J. TYLER JILL M. WINEKA (717)533-3a36 NOTICE TO: Mark A. Myers 906 Doubling Gap Road Newville, PA 17241 Debra L. Myers 906 Doubling Gap Road Newville, PA 17241 Automotive Finance Corporation Two Parkwood Crossing 310 E. 96th Street, Suite 300 Indianapolis, IN 46240 JOSEPH NISSLEY (19104M) ANTHONY DISANTO OF COUNSEL HERSHEY 1088 GOVERNOR ROAD DOMESTIC RELATIONS OFFICE Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013-3387 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and tha you have an opportunity to protect your interest, if any ng notified of said Sheriff's Sale. By: Leon Haller PA T.n.i57Dn for Plaintiff HOEMSIDE LENDING, INC. Plaintiff VS. MARK A. MYERS AND DEBRA L. MYERS Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3719 CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TARE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE:WEDNESDAY, DECEMBER 4, 2002 TIME:10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Flgor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 906 DOUBLING GAP ROAD, NBWVILLE, PA 17241 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 99-3719 CIVIL TERN THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: MARK A. LAYERS AND DEBRA L. MYERS A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE.. SALE OF YOUR PROPERTY. IT HAS BEEN ISStn= BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAIISE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to,, exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST HE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse; before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LEGAL DESCRIPTION ALL those tracts of land with the improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a post at comer of lands now or formerly of Raymond H. and Bartle B. Boyles; thence West along lands now or formerly of Raymond H. and Bartle B. Boyles to a post at comer of lands of the Boyles and now formerly of John Nailor, for a distance of 209 feet; thence North along lands now or formerly of John Nailor, a distance of 50 feet to a comer post; thence East along lands now or formerly of Edward L. Watson and Mary K Watson, his wife, a distance of 209 feet to a post; thence South along Highway Route 233, a distance.of 80 feet to place of BEGINNING. TRACT NO. 2 BEGINNING at an Iron pin at corner of lands now or formerly of Eugene E. Oiler, at ux, which point is in the center of a public highway known as Route #233 (Newville-Doubling Gap Road); thence in a westerly direction by a line at right angles to the aforesaid public road and along the land now or formerly of Eugene E. Oiler, at ux, 209 feet to a post at common comer with the lands now or formerly of Edward L. Watson and Mary K Watson, his wife; thence in a northerly direction by a line parallel with the aforesaid public road, 100 feet to an iron piny:, thence by same, In an easterly direction by a line at right angles to the aforesaid public highway, 209 feet to a point in the aforesaid public highway; thence along the center of the aforesaid public highway in a southerly direction 100 feet to the Place of BEGINNING. TRACT NO. 3: BEGINNING at a point of the Township Road between the Doubling Gap Road and the Enola-Roxbury Road at the comer of the property now or formerly of Raymond Boyles on the East; thence along the properties now or formerly of Boyles and other properties now or formerly of Maid C. Dyarman, North 12 112 rods jo a point in the land now or formerly of Myrl C. Dyarman; thence West along the same 24 rods to a point in the Big Run; thence South along the course of the Run to the aforesaid described Township Road 8 1/2 rods; thence along said Township Road East 24 rods to the Place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 906 Doubling Gap Road, Newville, Pennsylvania BEING THE SAME PREMISES which Kathy D. Nye, by her Deed dated January 24, 1997 and recorded in Cumberland County Deed Book 152, Page 643, granted and conveyed unto Mark A. Myers and Debra L. Myers. TO BE SOLD AS THE PROPERTY OF MARK A. MYERS AND DEBRA L. MYERS UNDER JUDGMENT NO. 1999-3719 CIVIL TERM PARCEL NO. 15-05-0413-017 (LOT 1) ; 15-05-0413-019 (LOT 2); 15-05-0413-016 (LOT 3) Homeside v. Myers Cumberland County sale 12/4/02 U. S. POSTAL SERVICE CERTIFICATE OF NAILING (in compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Mark A. Myers 906 Doubling Gap Road Newville, PA 17241 Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Debra L. Myers 906 Doubling Gap Road Newville, PA 17241 U. S. POSTAL SERVICE z! CERTIFICATE OF NAILING y ?? 5 (In compliance with Postal Service Form 3877) Je(1? ? Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 one piece of ordinary mail addressed to: Postmark: Automotive Finance Corporation Two Parkwood Crossing 310 E. 96th Street, Suite 300 Indianapolis, IN 46240 Homeside v. Myers Cumberland county sale 12/4/02 Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: DOMESTIC RELATIONS OFFICE Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 /.r 1 1 f n Cv U ? CJ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Homeside Lending Inc is the grantee the same having been sold to said grantee on the 4th day of Dec A.D., 2002, under and by virtue of a writ Execution issued on the 10th day of Sept, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 1999 Number 3719, at the suit of Homeside Lending Inc against Mark A Myers & Debra L is duly recorded in Sheriff's Deed Book No. 255, Page 1253. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 8 day of 2002 /)h Recorder of Deeds My Commission Eq tM R1l =cdot:19we Homeside Lending, Inc. In The Court of Common Pleas of VS Cumberland County, Pennsylvania Mark A. Myers and Debra L. Writ No. 1999-3719 Civil Term Myers Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on September 18, 2002 at 6:55 o'clock PM, 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: Mark A. Myers, by making known unto Mark Myers, at 906 Doubling Gap Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Harol Weary, Deputy Sheriff, who being duly swom according to law, states that on September 18, 2002 at 6:55 o'clock PM, 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: Debra L. Myers, by making known unto Mark Myers, husband of defendant, at 906 Doubling Gap Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on October 3, 2002 at 12:15 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Mark A. Myers and Debra L. Myers located at 906 Doubling Gap Road, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly swom 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: Mark A. Myers, by regular mail to his last known address of 906 Doubling Gap Road, Newville, PA 17241. This letter was mailed under the date of October 2, 2002 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Debra L. Myers, by regular mail to her last known address of 906 Doubling Gap Road, Newville, PA 17241. This letter was mailed under the date of October 2, 2002 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 4, 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon Haller for Homeside Lending, Inc.. It being the highest bid and best price received for the same, Homeside Lending, Inc. of 8120 Nations Way, Building 100, Jacksonville, FL 32256, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $1,284.28, it being costs. Sheriffs Costs: Docketing 30.00 Poundage 25.57 Posting Bills 45.00 Advertising 45.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 19.32 Certified Mail 5.09 Levy 45.00 Surcharge 50.00 Law Journal 493.25 Patriot News 395.35 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheri ffs Deed 39.50 $1284.28 Sworn and Subscribed to Before Me So Aw ? L This ID-r' Dayof_ R. Thomas Kline, Sheriff 2003, A.D. 7' • thonotary BY?, i OU y1 Vt(?? Real Estate eputy hQ"'A- J) UO 011. ?'`? 3 o Zyo 13 y(Y7 HOEMSIDE LENDING, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-3719 MARK A. MYERS AND DEBRA L. CIVIL ACTION - LAW - MYERS IN MORTGAGE FORECLOSURE Defendants AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 906 Doubling Gap Road, Newville, PA 17241: 1. Name and address of the Owner(s) or Reputed Owner(s): Mark A. Myers 906 Doubling Gap Road Newville, PA 17241 Debra L. Myers 906 Doubling Gap Road Newville, PA 17241 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SANE 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: i Automotive Finance Corporation Two Parkwood Crossing 310 E. 96th Street, Suite 300 Indianapolis, IN 46240 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... DOMESTIC RELATIONS OFFICE Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 9, 2002 HOEMSIDE LENDING, INC. Plaintiff VS. MARK A. MYERS AND DEBRA L. MYERS Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3719 CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE:WEDNESDAY, DECEMBER 4, 2002 TIME:10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd F1Qor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO oo GOIZ is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 906 DOUBLING GAP ROAD, NEiPVILLE, PA 17241 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 99-3719 CIVIL TERN THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: NARK A. LAYERS AND DEBRA L. LAYERS A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOII IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to, exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LEGAL DESCRIPTION ALL those tracts of land with the Improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. t : BEGINNING at a post at comer of lands now or formerly of Raymond H. and Bartle B. Boyles; thence West along lands now or formerly of Raymond H. and Bartle B. Boyles to a post at comer of lands of the Boyles and now formerly of John Nallor, for a distance of 209 feet; thence North along lands now or formerly of John Nallor, a distance of 50 feet to a comer post; thence East along lands now or formerly of Edward L. Watson and Mary K Watson, his wife, a distance of 209 feet to a post; thence South along Highway Routh 233, a distance, of 80 feet to place of BEGINNING. TRACT NO. 2: BEGINNING at an Iron pin at comer of lands now or formerly of Eugene E. Oiler, at ux, which point is In the center of a public highway known as Route #233 (Newvllle-Doubling Gap Road); thence in a westerly direction by a line at right angles to the aforesaid public road and along the land now or formerly of Eugene E. Oiler, at ux, 209 feet to a post at common comer with the lands now or formerly of Edward L. Watson and Mary K Watson, his wife; thence in a northerly direction by a line parallel with the aforesaid public road, 100 feel to an Iron plnj., thence by same, In an easterly direction by a line at right angles to the aforesaid public highway, 209 feet to a point 16 the aforesaid public highway; thence along the center of the aforesaid public highway In a southerly direction 100 feet to'lhe Place of BEGINNING. TRACT NO. 3: BEGINNING at a point of the Township Road between the Doubling Gap Road and the Enola-Roxbury Road at the comer of the property now or formerly of Raymond Boyles on the East; thence along the properties now or formerly of Boyles and other properties now or formerly of Myrl C. Dyarlgan, North 12 U2 rodsjo a point in the land now or formerly of Myrl C. Dyamtan; thence West along thesame? 2d rods' to a point in the Big Run; thence South along the course of the Run to the aforesaid described Township Road 8 1/2 rods; thence along said Township Road East 24 rods to the Place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 906 Doubling Gap Road, Newville, Pennsylvania BEING THE SAME PREMISES which Kathy D. Nye, by her Deed dated January 24, 1997 and recorded in Cumberland County Deed Book 152, Page 643, granted and conveyed unto Mark A. Myers and Debra L. Myers. TO BE SOLD AS THE PROPERTY OF MARK A. MYERS AND DEBRA L. MYERS UNDER JUDGMENT NO. 1999-3719 CIVIL TERM PARCEL NO. 15-05-0413-017 (LOT 1) ; 15-05-0413-019 (LOT 2); 15-05-0413-016 (LOT 3) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 99-3719 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOMESIDE LENDING, INC. Plaintiff (s) From MARK A. MYERS AND DEBRA L. MYERS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE ATTATCHED LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$93,202.68 L.L. Interest (PER DIEM OF $25.36 FROM 7/1/99 TO 12/4/02) $22,468.96 Late charges at $30.22 (7/99 to 12/02) $876.38 Property Inspection $193.00 Atty's Comm % Due Prothy $1.00 Any Paid $1,379.75 Plaintiff Paid Other CostsEscrow deficit $1,802.53 Date: September 10, 2002 Together with any additional interest, charges and costs to the date of Sheriffs Sale. CURTIS R. LONG Prothonotary (Seal) By: i Deputy REQUESTING PARTY: Name Leon P. Haller, Esq. Address: 1719 North Front Street Harrisburg, PA 17102 Attorney for: Plaintiff Telephone: 717-234-4178 Supreme Court ID No. 15700 Real Estate Sale # 41.1 On September 16, 2002 the sheriff levied upon the defendant's interest in the real property situated in Lower Mifflin Township, Cumberland County, PA known and numbered as 906 Doubling Gap Rd., Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 16, 2002 By.JCCU Real Esta a Deputy n cim crra C== G'Dv 2 ._l Ll V7 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) as 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 andJlta Sunday Patriot-Neyyq 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 41h, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular dally and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of October and the 5th day(s) of November 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 empowered to verity this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION . „ .,i ?. ? .. ............. ................................... COPY .. y SALE 1143 Notatlal Seae a hid 14th da of ove r 2002 A.D. Teny L. Russell, Notary Public City Of Harrisburg, Dauphin County My Commission Expires June 6.2006 NO RY PUBLIC Member, Pennsylvania Assocaton 01 Notaries My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 393.60 Probating same Notary Fee(s) $ 1.75 Total $ 395.35 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-Naand The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... . _.. REAL ESTATE SAL! ft 4s W11t N0.19m-mS CNNT•mt ve ; Usli, ra, : ow LECIAL DESCkfPfILOONN P.? ALL dm tmm of hod with the bwaoreen 7RACf NO '0. i BEGINNING Ma put at inner of Wds now or family of Raynpnd H. and Berrie B. Boyle;, duree We" ong ludo now or fomwly of Raymod H. and Bmie BB. ?Bo Itl to a pat It John Neilaofor a d Wm of.209 now ket; m edroom wfyofkhoNdlar P084 thence Eau in sw to del worf t toa With de how ono: 13 'a .d farmed of W ua: popery now or Rana y ymad Boyles m the Feu; along the peen now m fdrnwdy of Boyle and odor mooewie now or famadv ar I T[MMN ERECIW A DWEIMO AS 906'Doublini Gap R04 Newvilk ids 7B SAME PREMISES which Ruhy D. ber Dead deed Jenuvy 24, 1997 and ingC'umbedud County Deed Book 152, ind and Dehn 4 ym e* unto Muk A. DID AS THE PROPERTY OF Muk A. d Debra L Myer under Judpnmt No. Kivu Tim. NO. 15-05.0013-017 (LOT 1); 15-05. (IAf 2); 154"13-016 (IDT3). PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 25, NOVEMBER 1, 8, 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 interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Rog M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of NOVEMBER. 2002 Notary. - !GS E. i:'YC :2. t% ,y public t?iallli?l t?;:1)t.L7ttU!ii id f I Ca-'TE#:res Man:h 526M REAL. ESTATE SALE NO. 43 Writ No. 1999 3710 Civil Ilons+si(]c Ix•nding. hi:. VS. Murk A. Myers and Debra I.. Myers Ally.: twin 1. MINN' I.I;GAL DES( ill'11ON ALL those tracts of land with Ihv In ga',,vcux•n is thrrrou erected suit air In I.ower Ml111111 1'ownsillp. Cunr berhaid County. Pellusylyaaba. bounded and described as follows: TRACT NO. I BEGINNING of n post at corner of lands now or formerly of Raymond IL and Berlin It. Boyles: thence West along lands now or for - merly of Raymond i1. and Berle 13. Boyles Io it post al corner of lands of the Boyles and now formerly of John Notion tbl' it dlslancr of 200 1 fee(: Ihrnev North :long Iands now or formerly of John Nallor, ar (its lance of 50 feet to a carrier post; thence East along lands now or for merly of Edward L. Watson namt Mary K. Watson, his wife. a distance of 209 feet to a post; thence South along I-llghway Route 233• it distance of 80 feel to place of BEGINNING. TRACT NO. 2: 1EGINNING at alt Iron pill at corner of lands now or formerly of Eugene E. Oiler. of tu, which point is In the center of a public highway known .vs Route 0233 (NewNlle-Dou- bling Gap Road): thence in a west- erly direction by If line at right angles to the aforesaid public road and along the land now or formerly of Eugene U. Oiler et uz. 200 feet to a post at common corner with the lands now or formerly of Edward L. Wilson and Mary K. Wilson, his wife: thence In a northerly direc- tion by a line parallel with the afore- sold public road, 100 feel to an Iron pin; thence by same. In an easterly direction by a line at right angles to the aforesaid public highway, 200 feet to a point in the aforesaid pub- lic highway; thence along the cen- ter of the aforesaid public highway in a southerly direction 100 feel to the Place of BEGINNING. TRACT NO. 3: BEGINNING at a point of the Township Road between the Dou- bling Gap Road and the Enola-Rox- bury Road at the corner of the prop- erly now or formerly of Raymond Boyles on the East; thence along the properties now or formerly of Boyles mid other properties now or formerly of Myrl C. Dyarrnan. North 12 1/2 rods to a point In the land now or formerly of Myrl C. Dymnsin; thence West along the same. 24 rods to if point In the Big Run^,,,(tiQq,GQ,n5pYt1.1_. "dong the course of the Run to the aforesaid described Township Road 8 1/2 rods: thence along sald'fown- shift Road East 24 rods to the Place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 906 Dou- bling Gap Road. Ne"Ille. Pcunsyl- vania. BEING THE SAME PREMISP.S which Kathy D. Nye, by tier Dead dated January 24. 1907 and re- corded it, Comixv4and County Deed Book 152. Page 043. granted and convey('(] fill[,, Mark A. Myers avid Debra 1.. Mvrrs. TO 131"' SOLD AS TliE, PROPER TY OP MARK A. MYI-,RS AND DI-I'13 RA L. MYERS IINDRR JUI)GMEN1' No. 1090-3710 CIVIL TERM. PARCEL NO. IS 05-0413-017 (1.01' 11: 15 05 04 13-019 (LOT 2): 15-05-0413 of(; (LOT 3). i :r HOEMSIDE LENDING, INC. Plaintiff va. MARK A. MYERS AND DEBRA L. MYERS Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3719 CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 TO THE PROTHONOTARY: Issue Writ of Execution in the above matter on the real estate located at 906 Doubling Gap Road, Newville, PA 17241 as follows: Amount due pursuant to Judgment $ 93,202.68 Interest (Per diem of $25.36 from 7/1/99 to 12/4/02) $ 22,468.96 Late Charges at $30.22 (7/99 to 12/02) $ 876.38 Property Inspection $ 193.00 Escrow deficit S 1.802.53 TOTAL WRIT $118,543.55** ** Together with any additional interest, charges and costs to the date of Sheriff Is Sale. By LE HALLER I.D. #15700 TORNEY FOR PLAINTIFF 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Dated: September 3, 1999 Attached is a description of the real estate. i.. L I?I:J ? 1 V W C-V • • r LEGAL DESCRIPTION ALL those tracts of land with the Improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a post at corner of lands now or formerly of Raymond H. and Bartle S. Boyles; thence West along lands now or formerly of Raymond H. and Bartle B. Boyles to a post at comer of lands of the Boyles and now formerly of John Nallor, for a distance of 209 feet; thence North along lands now or formerly of John Neilor, a distance of 50 feet to a comer post; thence East along lands now or formerly of Edward L. Watson and Mary K. Watson, his wife, a distance of 209 feet to a post; thence South along Highway Route 233, a distance of 80 feet to place of BEGINNING. TRACT NO. 2: BEGINNING at an Iron pin at corner of lands now or formerly of Eugene E. Oiler, at ux, which point is in the center of a public highway known as Route #233 (Newville-Doubling Gap Road); thence in a westerly direction by a line at right angles to the aforesaid public road and along the land now or formerly of Eugene E. Oiler, at ux, 209 feet to a post at common comer with the lands now or formerly of Edward L. Watson and Mary K Watson, his wife; thence In a northerly direction by a line parallel with the aforesaid public road, 100 feet to an Iron pin;f thence by same, In an easterly direction by a line at right angles to the aforesaid public highway, 209 feet to a point In the aforesaid public highway; thence along the center of the aforesaid public highway in a southerly direction 100 feet to the Place of BEGINNING. TRACT NO. 3: BEGINNING at a point of the Township Road between the Doubling Gap Road and the Enola-Roxbury Road at the comer of the property now or formerly of Raymond Boyles on the East; thence along the properties now or formerly of Boyles and other properties now or formerly of Myrl C. Dyarman, North 12 1/2 rods, to a point in, the land now or formerly of Myri C. Dyarman; thence West along the same; 24 rod; to point In the Big Run; thence South along the course of the Run to the aforesaid described Township Road 8 ill rods; thence along said Township Road East 24 rods to the Place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 906 Doubling Gap Road, Newville, Pennsylvania BEING THE SAME PREMISES which Kathy D. Nye, by her Deed dated January 24, 1997 and recorded in Cumberland County Deed Book 152, Page 643, granted and conveyed unto Mark A. Myers and Debra L. Myers. TO BE SOLD AS THE PROPERTY OF MARK A. MYERS AND DEBRA L. MYERS UNDER JUDGMENT NO. 1999-3719 CIVIL TERM PARCEL NO. 15-05-0413-017 (LOT 1); 15-05-0413-019 (LOT 2); 15-05-0413-016 (LOT 3) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 99-3719 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOMESIDE LENDING, INC. Plaintiff (s) From MARK A. MYERS AND DEBRA L. MYERS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE ATTATCHED LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$93,202.68 L.L. Interest (PER DIEM OF $25.36 FROM 7/1/99 TO 12/4/02) $22,468.96 Late charges at $30.22 (7/99 to 12/02) $876.38 Property Inspection $193.00 Arty's Comm % Due Prothy SI.00 Arty Paid $1,379.75 Other CostsEscrow, deficit $1,802.53 Plaintiff Paid Date: September 10, 2002 Together with any additional interest, charges and costs to the date of Sheriff's Sale. CURTIS R. LONG Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name Leon P. Haller, Esq. Address: 1719 North Front Street Harrisburg, PA 17102 Attorney for: Plaintiff Telephone: 717-2344178 Supreme Court ID No. 15700 HOEMSIDE LENDING, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA i Vs. NO. 99-3719 MARK A. MYERS AND DEBRA L. CIVIL ACTION - LAW - MYERS IN MORTGAGE FORECLOSURE Defendants AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 906 Doubling Gap Road, Nemille, PA 17241: 1. Name and address of the Owner(s) or Reputed Owner(s) : Mark A. Myers 906 Doubling Gap Road Newville, PA 17241 Debra L. Myers 906 Doubling Gap Road Newville, PA 17241 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: Automotive Finance Corporation Two Parkwood Crossing 310 E. 96th Street, Suite 300 Indianapolis, IN 46240 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... DOMESTIC RELATIONS OFFICE Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 9, 2002 ?- L:, ? n -- }- ?-- ,:; ?? _ .i c L'.; it (.L v. .i .J o U HOEMSIDE LENDING, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Va. NO. 99-3719 MARK A. MYERS AND DEBRA L. CIVIL ACTION - LAW - MYERS IN MORTGAGE FORECLOSURE Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE:WEDNESDAY, DECEMBER 4, 2002 TIME:10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 906 DOUBLING GAP ROAD, NEWVILLE, PA 17241 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 99-3719 CIVIL TERN THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: NARK A. MYERS AND DEBRA L. MYERS A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within county at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone (717) 249-3166 THE LEGAL RIGHTS YOU 14AY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff fIs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST HE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LEGAL DESCRIPTION ALL those tracts of land with the Improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a post at corner of lands now or formerly of Raymond H. and Bartle B. Boyles; thence West along lands now or formerly of Raymond H. and Bartle B. Boyles to a post at comer of lands of the Boyles and now formerly of John Nailor, for a distance of 209 feet; thence North along lands now or formerly of John Nailor, a distance of 50 feet to a comer post; thence East along lands now or formerly of Edward L. Watson and Mary K Watson, his wife, a distance of 209 feet to a post; thence South along Highway Route 233, a distance.of 80 feet to place of BEGINNING. TRACT NO. 2: BEGINNING at an Iron pin at corner of lands now or formerly of Eugene E. Oiler, at ux, which point is in the center of a public highway known as Route #233 (Newville-Doubling Gap Road); thence in a westerly direction by a line at right angles to the aforesaid public road and along the land now or formerly of Eugene E. Oiler, at ux, 209 feet to a post at common comer with the lands now or formerly of Edward L. Watson and Mary K Watson, his wife; thence in a northerly direction by a line parallel with the aforesaid public road, 100 feet to an Iron pln;f thence by same, In an easterly direction by a line at right angles to the aforesaid public highway, 209 feet to a point In the aforesaid public highway; thence along the center of the aforesaid public highway In a southerly direction 100 feet to the Place of BEGINNING. TRACT NO. 3: BEGINNING at a point of the Township Road between the Doubling Gap Road and the Enola-Roxbury Road at the comer of the property now or formerly of Raymond Boyles on the East; thence along the properties now or formerly of Boyles and other properties now or formerly of Myri C. Dyarrnan, North 12 112.rods.lo a point in the land now or formerly of Myrl C. Dyarman; thence West along the same, 24 rods to a point to the Big Run; thence South along the course of the Run to the aforesaid described Township Road 8 112 rods; thence along said Township Road East 24 rods to the Place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 906 Doubling Gap Road, Newville, Pennsylvania BEING THE SAME PREMISES which Kathy D. Nye, by her Deed dated January 24, 1997 and recorded in Cumberland County Deed Book 152, Page 643, granted and conveyed unto Mark A. Myers and Debra L. Myers. TO BE SOLD AS THE PROPERTY OF MARK A. MYERS AND DEBRA L. MYERS UNDER JUDGMENT NO. 1999-3719 CIVIL TERM PARCEL NO. 15-05-0413-017 (LOT 1) ; 15-05-0413-019 (LOT 2); 15-05-0413-016 (LOT 3) to -? In ' G itf.l ' 6: HOEMSIDE LENDING, INC. Plaintiff VS. MARK A. MYERS AND DEBRA L MYERS Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3719 CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE BANKRUPTCY ORDER /N UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: MARK A. MYERS and DEBRA L. MYERS, BANKRUPTCY NO. 1-99-04710 Debtors CHAPTER 13 HOMESIDE LENDING, INC., Movant VS. MARK A. MYERS, DEBRA L. MYERS And CHARLES J. DEHART, III Trustee, Respondents ORDER MODIFYING ST1 OF LIEN UPON REAL AND NOW, this o?q Jb+day of , 2002 appearing I C/ 'd of record that Certification of Default was filed June 14, 2002, and that no response has been filed by Mark A. Myers and Debra L. Myers, Respondents, it is hereby ORDERED that the stay imposed by §362(a) of the Bankruptcy Code be, and hereby is, modified to permit the Movant, Homeside Lending, Inc., to proceed to foreclosure on its mortgage recorded in Cumberland County, Pennsylvania, as described in its Motion on file herein. BY THE COURT: ---- i Bankruptcy Judge j JUL 2 9 2002 HOMESIDE LENDING, INC. Plaintiff VS. MARK A. MYERS AND DEBRA L. MYERS Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 -2111 C(c?( C ?clL/?) CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. N O T I C E 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 the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 A V I S O LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 170!3 717-243-9400 HOMESIDE LENDING, INC. Plaintiff vs. MARK A. MYERS AND DEBRA L MYERS Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW - : IN MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor.. PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff HOMESIDE LENDING, INC. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. /J: NO. y9• 3 9 C ctn(7 MARK A. MYERS AND DEBRA L. MYERS : CIVIL ACTION - LAW - Defendants : IN MORTGAGE FORECLOSURE C O M P L A I N T 1. Plaintiff, HOMESIDE LENDING, INC., is a Florida corporation, with an address of 7301 Baymeadows Way, Jacksonville, Florida, 32256. 2. Defendant, MARK A. MYERS, is an adult individual whose last known address is 906 DOUBLING GAP ROAD, NEWVILLE, PENNSYLVANIA 17241. Defendant, DEBRA L. MYERS, is an adult individual whose last known address is 906 DOUBLING GAP ROAD, NEWVILLE, PENNSYLVANIA 17241. 3. On or about January 24, 1997, the said Defendants executed and delivered a Mortgage Note in the sum of $84,400.00 payable to ATLANTIC FIRST MORTGAGE CORPORATION, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1352, Page 407 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to HOMESIDE LENDING, INC. and will be sent for recording. Said Mortgage and Assignment are incorporated herein by reference. S. The land subject to the Mortgage is: 906 DOUBLING GAP ROAD, NEWVILLE, PENNSYLVANIA 17241 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on January 1, 1999 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 83,126.44 (b) Interest at $25.36 per day from 12/1/98 to 7/1/99 (based on contract rate of 8.250%) 5,376.32 (c) Accumulated Late Charges 151.10 (d) Late charges at $30.22 per month for 8 months 241.76 (e) Escrow Credit 140.74 (f) 5% Attorney's Commission 4,156.32 $ 93,202.68 *Together with interest at the per diem rate noted in (b) above after July 1, 1999 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in Mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.250% ($25.36 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. 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Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing Complaint for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff, HOMESIDS LENDING, INC. and that said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: June 15, 1999 Leon P. Haller, Esquire 7 1 CJ N m l GG 77 s il r P rg ? D y ii 77 ' ?J ?. ee,o• no ee uv•+e,e uvae re, ev ar,neae os.vem nm+a,r.srn Homeside Lending, Inc. -vs- Mark A. Myers and Debra I. Myers In the Court of Common Pleas of Cumberland County, Pennsylvania No. 99-3719Civil Tenn R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 24.47 Posting Bills 45.00 Advertising 45.00 Law Library .50 County 1.00 Mileage 16.12 Certified Mail 3.34 Levy 45.00 Postpone sale 20.00 Surcharge 40.00 Share of Bills 23.63 Law Journal 421.25 Patriot News 532.50 $ 1,247.81 Pd by atty 12-13-99 Sworn and Subscribed To Before Me This ZL Day of 1999, A.D.(1:: a t C. ?TL' '- qK' P 6th notary So answers: f? R. Thomas Kline, Sheriff By eal Estate Deputy Sb Chr 1(08 SL, (, S°roat. HOEMSIDE LENDING, INC. Plaintiff VS. MARK A. MYERS AND DEBRA L. MYERS Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3719 CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 906 Doubling Gap Road, Newville, PA 17241: 1. Name and address of the Owner(s) or Reputed Owner(s) : Mark A. Myers 906 Doubling Gap Road Newville, PA 17241 Debra L. Myers 906 Doubling Gap Road Newville, PA 17241 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: Automotive Finance Corporation Two Parkwood Crossing 310 E. 96th Street, Suite 300 Indianapolis, IN 46240 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN t w 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: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... DOMESTIC RELATIONS OFFICE Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. 50 Le . Hal er PA 700 urcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 3, 1999 1. HOEMSIDE LENDING, INC. Plaintiff Vs. MARK A. MYERS AND DEBRA L. MYERS Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3719 CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: the Sheriff's Sale of Real Property (real estate) will be DATE: WEDNESDAY, DECEMBERS, 1999 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 906 DOUBLING GAP ROAD, NEWVILLE, PA 17241 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 99-3719 CIVIL TERM THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: MARK A. MYERS AND DEBRA L. MYERS A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. y IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LEGAL DESCRIPTION ALL those tracts of land with the improvements thereon erected situate In Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows; TRACT NO 1 BEGINNING at a post at corner of lands now or formerly of Raymond H. and Bartle B. Boyles; thence West along lands now or formerly of Raymond H. and Be o B. Boyles to a post at comer of lands of the Boyles and now formerly of John Nallor, for a distance of 209 feet; thence North along lands now or formerly of John Nailor, a distance of 50 feet to a comer post; thence East along lands now or formerly of Edward L. Watson and Mary K Watson, his wife, a distance of 209 feet to a post; thence South along Highway Route 233, a distance of 80 feet to place of BEGINNING. TRACT NO. 2 BEGINNING at an Iron pin at corner of lands now or formerly of Eugene E, Oiler, at ux, which point is in the center of a public highway known as Route #233 (Newdle-Doubling Gap Road); thence in a westerly direction by a line at right angles to the aforesaid public road and along the land now or formerly of Eugene E. Oiler, at ux, 209 feet to a post at common comer with the lands now or formerly of Edward L. Watson and Mary K Watson, his wife; thence in a northerly direction by a line parallel with the aforesaid public road, 1.00 feet to an Iron piny, thence by same, In an easterly direction by a line at right angles to the aforesaid public highway, 209 feet to a point in the aforesaid public highway; thence along the center of the aforesaid public highway in a southerly direction 100 feet to the Place of BEGINNING. TitACT N0. 3 BEGINNING at a point of the Township Road between the Doubling Gap Road and the Enola-Roxbury Road at the comer of the property now or formerly of Raymond Boyles on the East; thence along the properties now or formerly of Boyles and other properties now or formerly of Myrl C. Dyarrtan, North 12 1/2 rods,jo a point in the land now or formerly of Myrl C. Dyarman; thence West along the same 24 rods'to a'point In the Big Run; thence South along the course of the Run to the aforesaid described Township Road 8 1/2 rods; thence along said Township Road East 24 rods to the Place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 906 Doubling Gap Road, Newville, Pennsylvania BEING THE SAME PREMISES which Kathy D. Nye, by her Deed dated January 24, 1997 and recorded in Cumberland County Deed Book 152, Page 643, granted and conveyed unto Mark A. Myers and Debra L. Myers. TO BE SOLD AS THE PROPERTY OF MARK A. MYERS AND DEBRA L. MYERS UNDER JUDGMENT NO. 1999-3719 CIVIL TERM PARCEL NO. 15-05-0413-017 (LOT 1) ; 15-05-0413-019 (LOT 2); 15-05-0413-016 (LOT 3) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-3719 COUNTY OF CUMBERLAND) CIVIL 419 Term CIVIL ACTION • LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Haneside Lending, Inc - PLAINTIFF(S) from-Mark A. Myers and Debra L Myers 906 Doubling Gap Road, Newville PA 17241 ----- - --- DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell see leoal description (2) You are also directed to attach the property of the dolondant(s) not levied upon in the possession of - GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has boon issued; (b) Ilia garnishee(s) Is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) Ifpropenyofthedetendant(s)notlevieduponansubjecttoattachmentisfoundinthepossessionofanyoneother than a named garnishee, you are directed to notify hinvher Thal hoisho has boon added as a garnishee and is enjoined as above stated. Amount Due $93,202.68 Interest 54.057.60 (oar diem of__$25,36 from Any'sComm 7/1/99 oV 12/8/99) Any Paid $119.44 Plaintiff Paid Date: September 8, 1999 REQUESTING PARTY; LL $.50 Duo Prothy ()0 Other Costs Late Charges at $30.22 (7/99 to 12/99) $151.10; EscrOw Deficit $1,500.00 Curtis R. Long Prothonotary, Civil Division ( Deputy Name Leon P. Haltnri_z3Q. Address: 1719 North Front Street: Harrisburg, PA 17102 Attorney for: Plaintiff Telephone: 717-234-4176--_ -„ Supreme Court ID No. 15700 GC7 D .w O "0 T m yc? ? ;o s% ' m f, 3 ?A k ._ y THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587. flontroued Man 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) as Michael Morrow being duly sworn according to law, deposes and says: That he is the Assistant Controller of THE PATRIOT-NEWS CO., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular dally and/or Sunday and Metro editions/issues which appeared on the 26th day of October and the 2nd and 9th day(s) of November 1999. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of(th said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Da pp in Miscellaneous Book "M", Volume 14, Page 317. II _ /11?? , PUBLICATION COPY SALE #56 Molliinl Seal Tury L. RIISS0. Nat=ry P'!' c Ha,nsburq, DnurNn Goa r My Comm, :',o1 ErNms J.ine 6,'_J"? LIC Membe,, renrsylval is nssonaiiMy'?8rf Asslon expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 531.00 Probating same Notary Fee(s) $ 1.50 Total $ 532.50 Publishers Receipt for Advertising Coat THE PATRIOT-NEWS CO., publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. THE PATRIOT-NEWS CO. By ...................................................... v ?. REAL ESTATE SALE N0. SS ChdiTbrm Home Wis LMdlm fne, vs me&& myna ow A Wbra L P. Halloor AIf 'Mae bacI , d Mntt with the L kro"Vemems , "'on'°'ed°°saw" in Cormty , Rtrayn ,?, . ;' bouWod -and a deecrlbedettpagye, ' TRACT Iuo. itBEGIyNItJO et a pap at. I oorrtar of IuWa rhow, or brrrhary al RaYtrhorM H. and Beft a BpYler thence WON 'elon0.finds now or !ornery of RBYmond H. and flame B. Boyba to a post at comer of lands Way BoYtee and now lanym yot John:faNa fora2d0 Gek Mialhi a NoM`abfq Nrh rhow 9? NiAjir,"s AManca of "?',?? a",OCme?PrrNNnCiI East !h9 Ip!kla iiow or,krrrydy of fshaard L 3%,B 60, -of in both edy of at is in man tl t 10a Land In a I with b an ro Trm-How astWesn? the i gio arld do E*fa- Read the or oorrw snow".of;4omMrlyof Riynond an the4kaeP:llhetq?'abnp the now Or tormarty of t)oylee aid opeNea.'it w or formerly or tNyri en'..NOW,i2:.1n rods to a pout and nav::or; bmwrly of K" C. Y,..nr 4o wan along the eanha. b a k.,!G• elo Hwty thsnyq 0!!0 chew°W:ftReato'ft 113 THEREON tarected a' d1mmi" pp• 9t16+..ooeaklp' Gap Road. +.f?amgylwatit. THE'SWE PREMn1E3 which Nys. by Alts Deed dated January !' and ceded In Cumbertand Deed Book 162. Pape M& Sfit`I YQW4M9CWTdrm. ICE'L NOB. 16-06-0413-017 (LOT -06.11413-019 (LOT 2): 16-0SD413. OT 3) PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 22, 29, NOVEMBER 5, 1999 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to tirr place and character of publication are true. Roge M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this --L -_day of NOVEMBER. 1999 NOTARIAL SEAL L0I6 E. SNYDER, Notary PubNc 000146 Dory, Cumberland Count', PA [MY Commission Expire, March 5, 2001 REAL ESTATE SALE NO. 68 Writ No. 99-3719 Civil Homeslde Lending. Inc. VS. Mark A. Myers and Debra L. Myers Atty.: Leon P. Haller LEGAL DESCRIPTION ALL those tracts of land with the improvements thereon erected situ- ate In Lower Mifflin Township, Cum- berland County. Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a post at corner of lands now or formerly of Raymond H. and Berne B. Boyles; thence West along lands now or formerly of Ray- mond H. and Berne B. Boyles to a post at corner of lands of the Boyles and now formerly of John Natlor, for a distance of 209 feet: thence North along lands now or formerly of John Nallor, a distance of 50 feet to a cor- ner post: thence East along lands now or formerly of Edward L. Watson and Mary K. Watson, his wife, a dis- tance of 209 feel to a post; thence South along Highway Route 233, a distance of 80 feel to place of BEGIN- NING. TRACT NO. 2 BEGINNING at an Iron pin at cor- ner of lands now or formerly of Eugene E. Oiler, et ux, which point is in the center of a public highway known as Route #233 (Newvllle-Dou- bling Gap Road); thence in a westerly direction by a line at right angles to the aforesaid public road and along the land now or formerly of Eugene E. Oiler, et ux. 209 feet to a post at common corner with the lands now or formerly of Edward L. Watson and Mary K. Watson, his wife; thence in a northerly direction by a line parallel with the aforesaid public road, 100 feet to an iron pin; thence by same. In an easterly direction by a line at right angles to the aforesaid public highway, 209 feet to a point in the aforesaid public highway; thence along the centerof the aforesaid pub- lic highway in a southerly direction 100 feet to the Place of BEGINNING. TRACT NO. 3: .e. REAL ESTATE BALE NO. 56 Writ No. 99-3719 Civil Homeside Lending. Inc. VS. Mark A. Myers and Debra L. Myers Ally.: Leon P. Haller LEGAL DESCRIPTION ALL those tracts of land with the Improvements thereon erected sau- ate in Lower Mifflin Township. Cum- berland County, Pennsylvania. bounded and described as follows: TRACT NO. 1: BEGINNING at a post at corner of lands now or formerly of Raymond H. and Bertle B. Boyles; thence West along lands now or formerly of Ray. mond H. and Bertle B. Boyles to a post at corner of lands of the Boyles and now formerly of John Nallor, for a distance of 209 feet: thence North along lands now or formerly of John Nallor. a distance of 50 feet to a cor- ner post: thence East along lands now or formerly of Edward L. Watson and Mary K. Watson, his wife. a dis- tance of 209 feet to a post: thence South along Highway Route 233, a distance of 80 feet to place of BEGIN- NING. TRACT NO. 2: BEGINNING at an Iron pin at cor- ner of lands now or formerly of Eugene E. Osier, et ux, which point is in the center of a public highway known as Route #233 (Newvllle-Dou- bling Gap Road): thence in a westerly direction by a line at right angles to the aforesaid public road and along the land now or formerly of Eugene E. Oiler, et ux. 209 feet to a post at common corner with the lands now or formerly of Edward L. Watson and Mary K. Watson, his wife: thence In a northerly direction by a line parallel with the aforesaid public road, 100 feet to an iron pin; thence by same, in an easterly direction by a line at right angles to the aforesaid public highway, 209 feet to a point in the aforesaid public highway: thence along the center of the aforesaid pub- Ile highway in a southerly direction 100 feet to the Place of BEGINNING. TRACT NO. 3: BEGINNING at a point of the Township Road between the Dou. bling Gap Road and the Enola-Rox. bury Road at the corner of the prop- erty now or formerly of Raymond Boyles on the East: thence along the properties now or formerly of Boyles and other properties now or formerly of Myrl C. Dyarman, North 12 1/2 rods to a point in the land now or formerly of Myri C. Dyarman: thence West along the same 24 rods to a point In the Big Run: thence South along the course of the Run to the aforesaid described Township Road 8 1/2 rods: thence along said Town- ship Road East 24 rods to the Place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 906 Dou- bling Gap Road, Newville, Pennsylva- nia. BEING THE SAME PREMISES which Kathy D. Nye, by her Deed dated January 24, 1997 and record- ed in Cumberland County Deed Book 152, Page 643, granted and conveyed unto Mark A. Myers and Debra L. Myers. TO BE SOLD AS THE PROPERTY OF MARK A. MYERS AND DEBRA L. MYERS UNDER JUDGMENT NO. 1999.3719 CIVIL TERM. PARCEL NO. 15-05.0413.017 (LOT 1); 15.05.0413-019 (LOT2): 15- 05.0413.018 (LOT 3). I j HOEMSIDE LENDING, INC. Plaintiff VS. MARK A. MYERS AND DEBRA L MYERS Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 99-3719 CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on '-/?,-yq , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: Mark A. Myers 906 Doubling Gap Road Newville, PA 17241 Debra L. Myers 906 Doubling Gap Road Newville, PA 17241 Automotive Finance Corporation ' Two Parkwood Crossing 310 E. 96th Street, Suite 300 Indianapolis, IN 46240 DOMESTIC RELATIONS OFFICE Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 JOIN W. PURCELL HOWARD 13. KRUG LEON P. IIALLER JOIN W. PURCELL JR. BRIAN J. TYLER JILL M. WINEKA NOTICE TO: Nark A. Myers 906 Doubling Gap Road Newville, PA 17241 Debra L. Myers 906 Doubling Gap Road Newville, PA 17241 Automotive Finance Corporation Two Parkwood Crooning 310 E. 96th Street, Suite 300 Indianapolis, IN 46240 DOMESTIC RELATIONS OFFICE Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 1111) 533J JOSEPH NISSLEY (1810.1682) ANTHONY DISANTO OF COUNSEL HERSHEY 1096 GOVERNOR ROAD NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of issued out of the Court of Common Pleas of judgment of the Plaintiff named herein the exposed to public sale as set forth on the YOU ARE FURTHER NOTIFIED that the lien real estate will be divested by th sale opportunity to protect your interest, if said Sheriff's Sale. By: LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG. PENNSYLVANIA 17102-2392 TELEPHONE (717) 234A 178 FORECLOSURE DEPT. FAX (717) 234-1206 a Writ of Execution the within county on the said real estate will be attached Notice of Sale. hold against the said that you have an by being notified of er PA I.D.1570 Plaintiff HOEMSIDE LENDING, INC. Plaintiff Vs. MARK A. MYERS AND DEBRA L. MYERS Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3719 CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: That the Sheriff's Sale of Real Property (real estate) will be DATE: WEDNESDAY, DECEMBER 8, 1999 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 906 DOUBLING GAP ROAD, NEWVILLE, PA 17241 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 99-3719 CIVIL TERM THE NAME(S) OF THE OWNER (S) OR REPUTED OWNERS of this property MARK A. MYERS AND DEBRA L. MYERS A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgagee and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 r r LEGAL DESCRIPTION ALL those tracts of land with the Improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a post at corner of lands now or formerly of Raymond H. and Bartle B. Boyles; thence West along lands now or formerly of Raymond H. and Bartle B. Boyles to a post at comer of lands of the Boyles and now formerly of John Nellor, for a distance of 209 feet; thence North along lands now or formerly of John Nallor, a distance of 50 feet to a comer post; thence East along lands now or formerly of Edward L. Watson and Mary K Watson, his wife, a distance of 209 feet to a post; thence South along Highway Route 233, a distance of 80 feet to place of BEGINNING. TRACT NO. 2 BEGINNING at an Iron pin at comer of lands now or formerly of Eugene E. Oiler, at ux, which point Is In the center of a public highway known as Route #233 (Newvllle-Doubling Gap Road); thence in a westerly direction by a line at right angles to the aforesaid public road and along the land now or formerly of Eugene E. Oiler, at ux, 209 feet to a post at common comer with the lands now or formerly of Edward L. Watson and Mary K Watson, his wife; thence in a northerly direction by a line parallel with the aforesaid public road, 100 feel to an Iron pint, thence by same, In an easterly direction by a line at right angles to the aforesaid public highway, 209 feet to a point in the aforesaid public highway; thence along the center of the aforesaid public highway in a southerly direction 100 feet to the Place of BEGINNING. TRACT NO. 3j BEGINNING at a point of the Township Road between the Doubling Gap Road and the Enola-Roxbury Road at the comer of the property now or formerly of Raymond Boyles on the East; thence along the properties now or formerly of Boyles and other properties now or formerly of Myrl C. Dyarman, North 12 1/2 rods, to a? point In, the land now or formerly of Myrl C. Dyarman; thence West along the same; 24 rods to a point in the Big Run; thence South along the course of the Run to the aforesaid described Township Road 8 1/2 rods; thence along said Township Road East 24 rods to the Place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 906 Doubling Gap Road, Newville, Pennsylvania BEING THE SAME PREMISES which Kathy D. Nye, by her Deed dated January 24, 1997 and recorded in Cumberland County Deed Book 152, Page 643, granted and conveyed unto Mark A. Myers and Debra L. Myers. TO BE SOLD AS THE PROPERTY OF MARK A. MYERS AND DEBRA L. MYERS UNDER JUDGMENT NO. 1999-3719 CIVIL TERM PARCEL NO. 15-05-0413-017 (LOT 1) ; 15-05-0413-019 (LOT 2); 15-05-0413-016 (LOT 3) Homeside v. Myers Cumberland County sale 12/8/99 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Mark A. Myers 906 Doubling Gap Road Newville, PA 17241 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Debra L. Myers 906 Doubling Gap Road Newville, PA 17241 U. S. POSTAL SERVICE Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Automotive Finance Corporation Two Parkwood Crossing 310 E. 96th Street, Suite 300 Indianapolis, IN 46240 Postage: Postmark: Postmark: Post-m k i' ? Homeside v. Myers Cumberland County sale 12/8/99 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: DOMESTIC RELATIONS OFFICE Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 i 1 N Z Wc`i ? V? L w?- N CD rrz 7_ Lu C Cyl j G