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HomeMy WebLinkAbout01-6444 VS. THOMAS FRAlqK MYERS and NANCY LEE MYERS, Defendants NORTHWEST CONSUMER DISCOUNT COMPANY,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O% -- &gq/ : CIVIL ACTION - LAW · IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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 Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 NOT I C I A Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PAR3t AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 northwe st \myer s ~ complaint NORTHWEST CONSUMER DISCOUNT COMPANY,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants : : CIVIL ACTION - I.~W : : IN MORTGAGE FORECLOSURE COMPLAINT (Northwest), Pennsylvania and doing business at 227 Penrose Place, 17013. 2. Plaintiff is Northwest Consumer Discount Company a Pennsylvania corporation organized under the laws of Carlisle, PA Defendants are Thomas Frank Myers and Nancy Lee Myers, adult individuals who reside at 10 East Street, Mt. Holly Springs, PA 17065. 3. On February 3, 1995, Defendants executed a written mortgage agreement to Northwest in the principal amount of $12,837.09, the same being recorded on February 7, 1995 in the Cumberland County Mortgage Book 1251, Page 58, the same being incorporated herein by reference thereto, as fully as though said mortgage were set forth herein as an exhibit. 4. The real estate subject to the mortgage is described and located as per the description in the first page of the mortgage attached hereto as Exhibit "A". 5. Defendants have defaulted in their repayment obligations as per the terms of the mortgage which mortgage incorporates a loan agreement dated February 3, 1995, for which said mortgage is security, in that they have failed to make the payment due May 9, 1999 and all payments thereafter. A copy of the aforesaid loan agreement is attached hereto as Exhibit "B", the same being a written agreement calling for monthly payments determined in accordance with loan contract. 6. The total presently owing on said mortgage indebtedness as of September 18, 2001 is as follows: Principal .................................. $10,071.66 Interest ..................................... 3,244.80 Attorney fees .................................. 900.00 Total ......... $14,216.46 to September 18, Defendants. 8. The In addition to the above total in paragraph 6, subsequent 2001, a per diem charge of $3.86 is owed by the requirement of Act 6 of 1975, 41 P.S. §403 and Homeowner Mortgage Assistance Act of 1983 (Act 91) have been complied within this case by virtue of letters dated and mailed to Defendants on October 2, 2001, containing information required by said statutes. An exact copy of said notices are attached hereto as Exhibit "C" and Exhibit "D", respectively. 9. To the best of Plaintiff's knowledge, information and belief, Defendants are not in the military service as defined and covered by 50 U.S.C.A. App. §501 et seq. WHEREFORE, Plaintiff demands judgment against Defendants in Mortgage Foreclosure in the total amount of $14,216.46 (with the in rem limitation as to the real estate herein involved), plus whatever additional interest, late charges, service charges and/or attorney fees which accrue hereafter and which may be allowed by the terms of the contract sued upon. northwest\myers\complaint YOFFE & YOFFE, P.C. ~EFFRE~N. Y~FFE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 NORTHWEST CONSUMER DISCOUNT COMPANY,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. THOMAS FRANK MYERES and NANCY LEE MYERS, Defendants : NO. : : CIVIL ACTION - I..~W : · IN MORTGAGE FORECLOSURE VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: ~HWESTCO/~NSER DISCOUNT COMPANY northwe st \myers \ complaint MORTGAGE THIS MORTGAGE ("Security Instrument") is given on ....... .F..E.B..R..U..A..R.Y....3. ........................................... 19 .~.,5. ..... The mortgagor is .... .~O.~$..F.~..WL$~8..Ab~..~IA~q~.~..I~I~I~..WZI~,$. ...................................... ..................................................... ("Borrower"). This Security Instrument is given to ..~.Q~,~I~..(~.QI~I~ER ..... D~$.(~.0.1JN~..¢.0~.At~r ...........................................................................which is organized and existing under the laws of .... C.01~01x~t~,,ALTR..O~..P.E.~SYLVANIA ...... and whose address is 22Z.PENR0.SE..~LA¢~ ...... ....... Cb2~I SLE. PA.. 1,7.0.13 ............................................................................................... ("Lender"). Borrower owes Lender the principal sum of ....~.~L.V.I~...~))O.~$,~.I~..I~.I~.(~I~..RI,1)~R~D--~FI),RT~..~V~..~Q. LL~$. ..... /~bl't)..~l~tl~..(3.~8 ................ Dollars (U.S. $ ..L2.$37. o.0.9. ........ ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument I"Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on ....... F..F~]g.I.)~,K¥.. ~.~ ..~.0.Q~ ........................................ This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in ..................... ~ly~.~.l~,~... .....................................................................County, Pennsylvania: BRIEF LEGAL DESCRIPTION ALL THAT CERTAIN PROPERTY SITUATED IN THE BOROUGH OF MT. HOLLY SPRINGS IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 09/26/B9 AND RECORDED 09/29/89, AMONG THE LAND RECORDS OF 1HE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 34E AND PAGE BBB. TAX MAP OR PARCEL ID NO. 2332-2336-112 ADDRESS: 10 EAST ST. -.4 I'Vl Fs~ PENNSYLVANIA-si.ols Family--Fibrils Mis/Freddie M~~~,. "A'm,, Fon~ ~0~9 g/90 X NORTHWEST CONSUMER DISCOUNT COMPJV ~*~ · ~'? PENROSE PLACE · CARLISLE, PA 1,2013 Account No.: ~01 ! ! ANNUAL PERCENTAGE RATE The ¢osi of your credit as a yeany rate Amounl Financed The amount of credit provided to you or on FINANCE CHARGE The dollar amount the credil will COSt you 1~.51 % $ 1~585.36 BORROWER(S) NAME AND ,a 'DRESS · MYERS, THOMAS F. ~ ~NANCy L · 10 E ~I'REET · MT HOLI. Y SPRINGS, PA 17065 Date: ~/03/95 Total of Payments The amount you wl!l have paid after you have made all pay- marls as scheduled (e) $ ~3907. ~ YOUR PAYMENT SCHEDULE WILL BE: .uMa~. OF 189.33 Y~M AMOUNT OF PAYMENTS WHEN PAYMENTS ARE DUE 3/09/95 119 199.31 9 (e) DESIGNATES AN ESTIMATE INSURANCE AGn==MENT additionaICredit lifecost.lnsurance and credit disability insurance are not required to obtain crediL and will not be provided unless you sign and agree lo pay the [] DECREASING TERM TYPE (¢') PREMIUM SIGNATURE · edit Li $ I/We want credit Joint Credit Life 1~.I~.,20 life insurance. Signature:/'~'"~..~ .... ~lg~.e.~.~ Signature: d~.~ '/~ ~'~ Single Credit Disability ~ $ · ~ ~ I/We want credit -¢" - - --' ' ~ ' ~ ~ Jo nt Credit Disability .0~ '. ~ disability i.surance. Signatur~e~:.' ~ , e~_~ ~ ~!g,,ature: Vou may obtain property insurance from anyone you want, provided the insurm~¢'com~nv is ~WS~c~le'-to the insurance from or through the creditor, it will be for a term of 0 months a~C'd you will p~y $ ~...~.-~ ....... If you get collaleral goods NOTICE OF PROPOSED (CREDIT) INSURANCE The Signer(a) et this contract hereby take(s) not ce that group credit lite insurance coverage and/or group credit accident and health insurance coverage will be applicable to this contract if so marked on this contract and each such type of coverage will be written by: USLIFE CREDIT LIFE INSURAHCE. COHPANY SCHAUHBURG, II. 60173 INSURER'S NAME ADDRESS . This insurance, subject to acceptance by the insurer covers only the person signing the request for such insurance. The amount of charge is indicated for each lype of credit insurance to be purchased. The term of insurance will commence as of the date the indebtedness is incurred and will expire on the original scheduled maturity date of the indebtedness, Subject to acceptance by the insurer and within 30 days, there will be delivered to the insured debtor a cer- tificate of insurance more fully describing the insurance, In the event of prepayment of the indebtedness, a refund of insurance charges will be made where due, PROPERTY INSURANCE: Buyers agree to keep the property insured to Seller's satisfaction. Buyers may purchase such insurance through any insurance company or agent of lheir choice. Buyers are responsible for obtaining such insurance. However, if Buyers fail to keep the real property satisfactorily insured during the term of this agreement, Buyers hereby authorize Seller, at Seller's option, to purchase any required insurance. Seller may either request immediate reimbursement from Buyers for the cost of such insurance or may add the insurance premium to the unpaid balance of this agreement and charge interest on it at 6% per year. ~ecuHly: You are giving a security interest in [] I'~L ESIAI-E I..OCA1ED AT: . I0 EAST 9TflEET ~IT HOllY SPRIHSS CUflaERLAttO PA 17065 Filing fees $ ~J ~ ~ t~O Non-filing insurance $ ~t. ~*O Prepayment: If you pay off early you [] may [] will not have to pay a penalty [] may [] will not be entitled fo a refund of part of the finance charge Aaeemptlon: Someone buying your house may, subject to conditions, be allowed to assume the remainder of the mortgage on the original terms. See your contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. FEDERAL RESERVE BOARD H-2--LOAN MODEL FORIV Itemization of the 1~83,,2.0~ Amount Financed et $ ~000. O0 $ Amount given to you directly $ l~I -~0 Amount paid on your account $ ('1 $ O. paid to others on your behalf $ 0. $ ! I !(~.'7~'! Credit Life Insurance Premium $ ; l~t~.~f:;J Credit Disability Insurance Premium $ fi, AA - O. Pq'.~ Property Insurance Premium $ H-3--Amount Financed Itemization Model Form $ O,(}0 Personal Prop. Floater Ins. Prem. $. ~.00 Notary Fee $ r.,~! .AA I.U.I. $~Other (Specify~ $ '9. O0 Property Report Fee Title Insurance Premium $ Real Estate Appraisal Fee $ Credit Report Fee $ Real Estate Survey Fee $~jL3~J~.~~ Total Other Charges Recording and Satisfaction Fees ~-~-~. ~8 Amount Financed Attorney's Fees $ ~.~ .?[ Prepaid finance charge. EXHIBIT NOTE - - SECONDARY MORTGAGE LOAN This agreement ia ~ubject to the p~ovtslone of the Secondary Mortgage Loan Act. IN CONSIOERATION of a loan made by the above ne, mod Lender at its above office, in acbordance with the Pennsylvania Secondary Mortgage Loan Act, the undersigned jointly and severally promis to pay to the order of said Lender at its above office the Amount Financed (Principal) above stated together with interest on unpaid Principal balances at the above stated rate (Annual Percentage Rate Payment shall be made in consecutive monthly instetllmeNts as above indicated time being of the essence beg nn ng on the stated due date for the first inslallmeflt and continuing on the same day ( each succeeding month 1o and including the stated due date for the final instalI~ent. Payments shall be in ~he amount o installments shown above, otherwise the final installment shall be equal to th ',~npaid principal plus interest accrued. Default in paying any installment shall, at the option of the hq!l~er hereof and without notice.or demamJ, render lbo entire principal balance remaining uflpm~ hereunder together ~ith accrued charges at once due and payable. Attorney's fees and court costs ma~ be charged after default if referred to an attorney not a salaried employee of the lender. If not prohibited by law the undersigned and each of them do waive the right and benefit of any law of Pennsylvania or any other State exempting property, real or personal, from sale, and If MW b, made on real estate do also waive the right of inquisition and consent to the condemnation thereof with full liberty to sell the same on a heri facies, with release of errors thereon; do also waive am release insdfar as they may all relief from all appraisement, stay or exemotpon laws of Pennsylvania or any State new or hereafter in force. Any judgment entered hereon or any prior note for which this note is in whole or in part mediately or immediately, a renewal shall be security for the payment hereof and of any luture note which is ir whole or m part mediately er immediately a renewal hereof. Each maker, co-maker, endorser, guarantor, surety or other party hereto waives notice of demand, default, protest, and notice of protest and non-paymeot, and further c~nseots that the homer herod may graot extension ~r extees~eos of lime withoul notice to and without release h'om liability to any of them. The acceotance by the holder hereof ot aay paymeoL partial payment, chafgee er fees as herei~ reserved, after a default in the same. shall not be considered as a waiver of the right to enforce payment of afl subsequent installments pursuant to the terms hereof, when and as the same shall becom~ due, or of the right tOreoforce any of the conditions of this agreement In accordance with the orowsions of the Seconnary Mortgage Loan Act of Pennsylvania a statemen~ of said loan has been delivered Io and receipt thereof is hereby acknowledged by the undersigned Plural words contained in the note shall be construed in the singular as the context may r~uire and the construction, validity and effect, hereol sh~ll be governed by. the laws gl Peonsyivaflia : All pay~eots made hereon ~hall be applied first to interest Io date of payment and the remainder then to principal SECURITY AGREEMENT This loan and all other sums due under the Note the Mortgage and the Security Agreement are secured by a mortgage on teat estate described below (the "Premises"). which security interest may affe~ after-acquired property in the form of subsequent accessions, additions improvements and repairs to the Premises and the rents and profits from the Premises and condemnation Dreceods, Il any. Th; Mortgage ~i cover future loans made to Borrower oy Lender. · ADDRESS , ~ ~ ,~.~. · CITY OR MUNICIPALITY~r~I' ~ I V ~::'D T MI'"~2 COUNTY ~ Lender has the right to app~ {~e p}~ ~f a~/o~ ~'~f~nds of unearned premium~-~u~i~a~ed or required hereunder to the p~y~t W th~u~alan~ of aorr~er's ifldebl~n~ SECURITY AGREE~NT' To eec~re the p~ment of this loan which is evidec~d by he Note above and all other amounts rice under the N~e he Mort a e eod heSeour A rHmeo and an lut r I n Bo,~er b~ Lender. 8'err~er hereby grants to LaDder a security interest under the Pennsylvania Uniform Commercial C~e n the pr;party d,~ The foiling described, motor vehicM(s) tqether with all accessions, edd~ions, i~rovements and re~airs All berrowers collateral g~ds of e~ kind now Iocat~ M or a~ut the ~rr~ms Femises at t~ir address a~ve stat~ as permitted ~y state a~ lederal laws, or at the address to ~ich such pro~rty may bo hereafter removed, REA~ E~TATE LOCATED AT:lO EAgT 8TREET MT HOLLY 8PRING~ PA 170~5 Other property now owned by Borrowers as follows and located at the above address, unless otherwise indicated :. · ~..~-.,~.-~. .... ~ .......... ; r '~ " . ~'r- ~ '! ............. .:,"~'. ~:.;- .... ~ ..~I' Proceedsofthecollateralspecifiedabovearealsocovered however th~sshallnotbeconstruedtomeanthattheLenderconsentstoanysaleofany of such collateral BORROWER(S) UNDERSTAND AND AGREE THAT ALL OF THE ADDITIONAL TERMS ON THE REVERSE SIDE HEREOF ARE A PART OF THE SECURITY AGREEMENT HEREOF AND ARE INCORPORATED HEREIN BY REFERENCE. ! ACKNOWLEDGE RECEIVING A COMPLETELY FILLED-IN COPY OF THIS CONTRACT ON THEOATE OF THIS LOAN AND OBTAINING DISCLOSURE ~RMS OF THE LOAN PRIO~ TO CONSUMMATION OF THE LOAN TRANSACTION TO WHICH IT REL. AT,,ES IN WI~O/F~~ have hereunto set their hands and seals the day and year first above wr,tten REV. 3/93 ........................................................... (SEAL) ........................................................... (SEAL) NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION FILE COPY EXHIBIT Re: TO: Account #220111 October 2, 2001 Thomas Frank Myers 10 East Street Mt. Holly Springs, PA 17065 FROM:Northwest Consumer Discount Company 227 Penrose Place Carlisle, PA 17013 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Northwest Consumer Discount Company(hereafter we, us or ours) on your property located at 10 East Street, Mt. Holly Springs, PA, Cumberland County, per Cumberland County Mortgage Book 1251, Page 58 IS IN SERIOUS DEFAULT because you have not made the monthly payment of $199.31 for the months of May 1999 through and including September 2001. The total amount now required to cure this default, or in other words, get caught up in your payments, as of September 19, 2001 is $5,579.99. You may cure this default within THIRTY (30) DAYS of the date of the receipt of this letter, by paying to us the above amount of $5,579.99 plus any additional monthly payments, late charges and other charges which may fall due during this period. If you cure this default within THIRTY (30) DAYS of receipt of this letter, such payment must be made either by cash, cashier's check, certified check or money order, and made at 227 Penrose Place, Carlisle, PA 17013. If you do not cure the default within THIRTY (30) DAYS of the receipt of this letter, then after said THIRTY (30) DAYS we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS of the receipt of this letter, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage lien. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the aforesaid THIRTY (30) DAY period, you will not be required to pay attorneys' fees. If you have not cured the default within the aforesaid THIRTY (30) DAY period and foreclosure proceedings have begun after the aforesaid THIRTY (30) DAY period, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest day that such a Sheriff's sale could be held would be approximately February 4, 2002. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the lonqer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (717) 249-0722. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE LIEN, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS LIEN. (YOU MAY HAVE THE RIGHT TO SELL OR TPJ~NSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE LIEN, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE; AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. CERTIFIED MAIL NO.: 7000 0600 0028 1268 8844 We'll assume the validity of this lien unless you act to dispute it, or any part thereof, within 30 days after receipt of this letter. If within the aforesaid 30 day period you notify us in writing of such a dispute (entire or partial), we'll obtain and mail to you verification of the lien or a copy of any judgment against you. If requested by you within the aforesaid 30 day period, we'll provide you with the original creditor's name and address, if different from the current creditor. This communication is from a lien collector and is an attempt to collect a lien. Any information obtained from you will be used for lien collection purposes. northwest \myer s\act 6.2 Re: TO: October 2, 2001 Account #220111 Nancy Lee Myers 10 East Street Mt. Holly Springs, PA 17065 FROM:Northwest Consumer Discount Company 227 Penrose Place Carlisle, PA 17013 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Northwest Consumer Discount Company(hereafter we, us or ours) on your property located at 10 East Street, Mt. Holly Springs, PA, Cumberland County, per Cumberland County Mortgage Book 1251, Page 58 IS IN SERIOUS DEFAULT because you have not made the monthly payment of $199.31 for the months of May 1999 through and including September 2001. The total amount now required to cure this default, or in other words, get caught up in your payments, as of September 19, 2001 is $5,579.99. You may cure this default within THIRTY (30) DAYS of the date of the receipt of this letter, by paying to us the above amount of $5,579.99 plus any additional monthly payments, late charqes and other charges which may fall due durinq this period. If you cure this default within THIRTY (30) DAYS of receipt of this letter, such payment must be made either by cash, cashier's check, certified check or money order, and made at 227 Penrose Place, Carlisle, PA 17013. If you do not cure the default within THIRTY (30) DAYS of the receipt of this letter, then after said THIRTY (30) DAYS we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS of the receipt of this letter, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage lien. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the aforesaid THIRTY (30) DAY period, you will not be required to pay attorneys' fees. If you have not cured the default within the aforesaid THIRTY (30) DAY period and foreclosure proceedings have begun after the aforesaid THIRTY (30) DAY period, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest day that such a Sheriff's sale could be held would be approximately February 4, 2002. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (717) 249-0722. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE LIEN, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS LIEN. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE LIEN, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE; AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. CERTIFIED MAIL NO.: 7000 0600 0028 1268 8837 We'll assume the validity of this lien unless you act to dispute it, or any part thereof, within 30 days after receipt of this letter. If within the aforesaid 30 day period you notify us in writing of such a dispute (entire or partial), we'll obtain and mail to you verification of the lien or a copy of any judgment against you. If requested by you within the aforesaid 30 day period, we'll provide you with the original creditor's name and address, if different from the current creditor. This communication is from a lien collector and is an attempt to collect a lien. A~y information obtained from you will be used for lien collection purposes. northwest \myers\act 6 IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS Date: October 2, 2001 Re: Account #220111 TO: Thomas Frank Myers 10 East Street Mt. Holly Springs, PA 17065 FROM:Northwest Consumer Discount Company 227 Penrose Place Carlisle, PA 17013 Your mortgage is in serious default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $5,579.99 as of today's date and is increasinq on a daily basis thereafter. That sum includes the following: principal and interest due for May 1999 through and including September 2001. Your mortgage is also in default for the following reason: N/A You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with the lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. is: The name, address and telephone number of our representative Northwest Consumer Discount Company 227 Penrose Place Carlisle, PA 17013 (717)249-0722 The name (s) , address (es) and telephone number (s) of (a) designated consumer credit counselin9 agency(ies) is (are): CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717)541-1757 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717)762-3285 Urban League of Metropolitan Harrisburg N. 6tn Street Harrisburg, PA 17101 (717)234-5925 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717)243-3818 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717)232-9757 It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed above. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately and you will forfeit your eligibility for assistance. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements as set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at: 2101 North Front Street, P.O. Box 8028, Harrisburg, PA 17105-8028. Telephone Number (717) 780-3800 or 1-800-342-2397 (toll free number). Enclosed also is another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, we cannot foreclose upon you during that time. Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving that assistance. CERTIFIED MAIL NO.: 7000 0600 0028 1268 8844 We'll assume the validity of this lien unless you act to dispute it, or any part thereof, within 30 days after receipt of this letter. If within the aforesaid 30 day period you notify us in writing of such a dispute (entire or partial), we'll obtain and mail to you verification of the lien or a copy of any judgment against you. If requested by you within the aforesaid 30 day period, we'll provide you with the original creditor's name and address, if different from the current creditor. This communication is from a lien collector and is an attempt to collect a lien. Any information obtained from you will be used for lien collection purposes. nor thwe st \myer s \ act 91.2 EXHIBIT "O" IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS Date: October 2, 2001 Re: Account #220111 TO: Nancy Lee Myers 10 East Street Mt. Holly Springs, PA 17065 FROM:Northwest Consumer Discount Company 227 Penrose Place Carlisle, PA 17013 Your mortgage is in serious default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $5,579.99 as of today's date and is increasinq on a daily basis thereafter. That sum includes the following: principal and interest due for May 1999 through and including September 2001. Your mortgage is also in default for the following reason: N/A You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with the lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. is: The name, address and telephone number of our representative Northwest Consumer Discount Company 227 Penrose Place Carlisle, PA 17013 (717)249-0722 The name (s) , address (es) and telephone number (s) of (a) designated consumer credit counseling agency(ies) is (are): CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717)541-1757 Financial Counseling Services of Franklin 31 West 3ra Street Waynesboro, PA 17268 (717)762-3285 Urban League of Metropolitan Harrisburg N. 6tn Street Harrisburg, PA 17101 (717)234-5925 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717)243-3818 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717)232-9757 It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed above. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately and you will forfeit your eligibility for assistance. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. EXHIBIT "O" It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements as set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at: 2101 North Front Street, P.O. Box 8028, Harrisburg, PA 17105-8028. Telephone Number (717) 780-3800 or 1-800-342-2397 (toll free number). Enclosed also is another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, we cannot foreclose upon you during that time. Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving that assistance. CERTIFIED MAIL NO.: 7000 0600 0028 1268 8837 We'll assume the validity of this lien unless you act to dispute it, or any part thereof, within 30 days after receipt of this letter. If within the aforesaid 30 day period you notify us in writing of such a dispute (entire or partial), we'll obtain and mail to you verification of the lien or a copy of any judgment against you. If requested by you within the aforesaid 30 day period, we'll provide you with the original creditor's name and address, if different from the current creditor. This communication is from a lien collector and is an attempt to collect a lien. Any information obtained from you will be used for lien collection purposes. northwest \myer s \ act 91 F')(HIBIT SHERIFF'S RETURN - CASE NO: 2001-06444 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTHWEST CONSUMER DISCOUNT CO VS MYERS THOMAS FP~ANK ET AL S HAI~NON SUNDAY Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE MYERS THOMAS FRAiqK REGULAR Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the DEFENDANT , at 1919:00 HOURS, at 10 EAST STREET MT HOLLY SPRINGS, PA 17065 THOMAS MYERS on the 15th day of November , 2001 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.90 Affidavit .00 Surcharge 10.00 .00 31.90 Sworn and Subscribed to before me this ~L~ day of ~ ~/ A.D. / ' Prothonotar~ So Answers: R. Thomas Kline 11/16/2001 YOFFE & YOFFE Deputy Sheriff SHERIFF'S RETURN CASE NO: 2001-06444 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTHWEST CONSUMER DISCOUNT CO VS MYERS THOMAS FP~ANK ET AL - REGULAR SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MYERS NANCY LEE the DEFENDANT , at 1919:00 HOURS, at 10 EAST STREET MT HOLLY SPRINGS, PA 17065 THOMAS MYERS, HUSBAND on the 15th day of November , 2001 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~&~ day of A.D. / Prothonotary So Answers: R. Thomas Kline 1/ 6/200 YOFFE & YOFFE By: NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff vs. THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants : IN THE COURT OF COMMON pLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6444 : : CIVIL ACTION - LAW : : IN MORTGAGE FORECLOSURE PRAECIPE To the Prothonotary of Cu~erland County: Please enter judgment, by default, in mortgage foreclosure in favor of Plaintiff, Northwest Consumer Discount Company, and against Defendants Thomas Frank Myers and Nancy Lee Myers, in the amount of $14,216.46 plus $386.00 interest (from Septer~er 18, 2001 to December 27, 2001) for a total of $14,602.46 for their failure to file an Answer or otherwise plead to the Complaint in this case within the time allowed by law. A copy of the notice required by Pa. R.C.P. 237 is attached hereto and it is hereby certified that said notice was mailed to Thomas Frank Myers and Nancy Lee Myers on December 6, 2001. DATED: YOFFE & YOFFE, ~FFRE~N. YOFF~, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 nor t hwe st ~myer s \de f aul t \praecipe NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff Vs. THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6444 CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE NOTICE TO: Thomas Frank Myers, 10 East Street, Mt. Holly Springs, DATE: December 6, 2001 IMPORTANT NOTICE PA 17065. YOU ARE IN DEFAULT BECAUSE YOU RAVE 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 JTJDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING ARD YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT RAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 NOTICIA IMPORTANTE TO: Thomas Frank Myers, 10 East Street, Mt. Holly Springs, PA 17065. FECHA DE NOTICIA: December 6, 2001 USTED NO RA COMPLIDO CON EL AVISO ANTERIOR PORQUE RA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTHA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA pERDER SU PROPIEDAD O OSTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIEND ABOGADA 0 NO TIEND CON QUE PAGAR LOS SERVICIOS DE UN AROGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTEMBER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 ~FF~EY {9'. YOFFE,-E~QUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained from you will be used for debt collection purposes. northwest\myers\10day NORTHWEST CONSUMER DISCOUNT COMPANY, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-6444 THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants : CIVIL ACTION - LAW : : IN MORTGAGE FORECLOSUNE NOTICE TO: Nancy Lee Myers, 10 East Street, Mt. Holly Springs, PA 17065. DATE: December 6, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A 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 RAVE A LAWYER OR CANNOT AFFOPdD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 NOTICIA IMPORTANTE TO: Nancy Lee Myers, 10 East Street, Mt. Holly Springs, PA 17065. FECHA DE NOTICIA: December 6, 2001 USTED NO RA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIRNCIA Y USTED PODRIA PERDER SU PROPIEDAD O OSTROS DEHECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADA O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTEMBER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 YOFFE & YOFFE, P.C. J ~EF~E~. YOFF~,[ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained from you will be used for debt collection purposes. northwest\myers\10day2 NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff vs. THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-6444 : : CIVIL ACTION - : IN MORTGAGE FORECLOSURE AFFIDAVIT OF NONNILITANY SERVICE TO the best of the Plaintiff's and the undersigned's knowledge information and belief, Defendants are not in the military service as defined and covered by 50 U.S.C.A. Section 501 et seq. Date: YOFFE & YOFFE, P.C. /~t~f~y N~/~offe, E~quire torney for Plaint'iff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 northwest\myers\default\nonmilitary NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff vs. THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6444 CIVIL ACTION - LAW : : IN MORTGAGE FORECLOSURE CERTIFICATION OF ADDRESSES The undersigned certifies that to the best of Plaintiff's knowledge the names and addresses of the proper individuals who are to receive notice of entry of judgment in the above captioned action are as follows: Thomas Frank Myers 10 East Street Mt. Holly Springs, Nancy Lee Myers 10 East Street Mt. Holly Springs, PA 17065 PA 17065 Date: YOFFE & YOFFE, P.C. ~f~rey/~. ~offe,/Esquire Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 northwest~myers\default\certification of addresses ~ ~r. NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff vs. THOMAS FRA/~K MYERS and NANCY LEE MYERS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6444 : : CIVIL ACTION - LAW : : IN MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary of Cumberland County: Please issue writ of execution in the above matter: Amount Due $14,602.46 Interest from 12/27/01 to 6/5/02 $617.60 [Costs to be added] $ Date: YOFFE & YOFFE, P.C. f~f~ey~. ~of~e[ Esquire ~,/Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 northwest\myers\execution\praecipe for writ DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 2001-6444 Judgment Amt: $14,602.46 Executing Creditor's Arty: Jeffrey N. Yoffe, Esquire, Avenue, Suite 203, Camp Hill, PA 17011. 717-975-1838 214 Senate ALL THAT CERTAIN lot of ground situate in the Borough of Mount Holly Springs, County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Prof. Eng., dated July 24, 1964, as follows: BEGINNING at a point on the southwest side of East Street, said point being 50 feet northwest of South Street; thence extending along land now or late of Virgil Miller, south 43 degrees 45 minutes west 180 feet to a point on the northeast side of an alley (presently unopened); thence along the same north 46 degrees 15 minutes west 91 feet to a corner of land now or late of Thomas K. Nell; thence along said land north 43 degrees 45 minutes east 180 feet to a point on the southwest side of East Street aforesaid; thence along the same south 46 degrees 15 minutes east 91 feet to the point and place of BEGINNING. Having thereon erected a one-story frame dwelling known as No. 10 East Street. Being the same premises which Donald E. Cooley granted and conveyed to Thomas Frank Myers and Nancy Lee Myers pursuant to deed recorded in Cumberland County Record Book E, Volume 34, Page 888 dated September 26, 1989 and recorded September 29, 1989. Having Tax Parcel #23-32-2336-112 To be sold as the property of Thomas Frank Myers and Nancy Lee myers under Cumberland County Judgment No. 2001-6444 EXHIBIT "A" NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff VS. THOMAS FRANK MYERS and NANCY LEE MYERS, De f endant s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6444 CIVIL ACTION - I.~W IN MORTGAGE FORECLOSURE AFFIDAVIT UNDER PA. R.C.P. 3129.1 Yoffe & Yoffe, P.C. by Jeffrey N. Yoffe, Esquire, Attorney for Plaintiff, in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real estate located at 10 East Street, Mt. Holly Springs, Pennsylvania, per further description attached hereto as Exhibit "A": 1. Name and address of owner(s) or reputed owner (s): NAME: ADDRESS: Thomas Frank Myers Nancy Lee Myers NAME: 10 East Street Mt. Holly Springs, PA 17065 10 East Street Mt. Holly Springs, PA 17065 Name and address of defendant (s) in the judgment: ADDRESS: Thomas Frank Myers 10 East Street Mt. Holly Springs, PA 17065 Nancy Lee Myers 10 East Street Mt. Holly Springs, PA 17065 3. Name and address of every judgment creditor whose judgment is a record lien on the real estate to be sold: NAME: ADDRESS: Beneficial Consumer Discount Company Lee S. Cahilly P.O. Box 7040 Mechanicsburg, PA 17055 16 North Thrush Drive Carlisle, PA 17013 Northwest Consumer Discount Company 227 Penrose Place Carlisle, PA 17013 Northwest Consumer Discount Company 2 Liberty Street Warren, PA 16365 4. Name and address of the last recorded holder of every mortgage of record: NAME: ADDRESS: Defense Activities Federal Credit Union 5275 East Trindle Road Mechanicsburg, PA 17055 Northwest Consumer Discount Company 227 Penrose Place Carlisle, PA 17013 American General Finance Inc. 6 South Hanover Street Carlisle, PA 17013 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105-5530 5. Name and address of every other person who has any record lien on the property: NAME: ADDRESS: Cumberland County Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME: ADDRESS: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME: ADDRESS: None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATED: northwest \myers\execution\al f312 9 YOFFE & YOFFE, P.C. 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 2001-6444 Judgment Arat: $14,602.46 Executing Creditor's Atty: Jeffrey N. Yoffe, Esquire, Avenue, Suite 203, Camp Hill, PA 17011. 717-975-1838 214 Senate ALL THAT CERTAIN lot of ground situate in the Borough of Mount Holly Springs, County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Prof. Eng., dated July 24, 1964, as follows: BEGINNING at a point on the southwest side of East Street, said point being 50 feet northwest of South Street; thence extending along land now or late of Virgil Miller, south 43 degrees 45 minutes west 180 feet to a point on the northeast side of an alley (presently unopened); thence along the same north 46 degrees 15 minutes west 91 feet to a corner of land now or late of Thomas K. Nell; thence along said land north 43 degrees 45 minutes east 180 feet to a point on the southwest side of East Street aforesaid; thence along the same south 46 degrees 15 minutes east 91 feet to the point and place of BEGINNING. Having thereon erected a one-story frame dwelling known as No. 10 East Street. Being the same premises which Donald E. Cooley granted and conveyed to Thomas Frank Myers and Nancy Lee Myers pursuant to deed recorded in Cumberland County Record Book E, Volume 34, Page 888 dated September 26, 1989 and recorded September 29, 1989. Having Tax Parcel #23-32-2336-112 To be sold as the property of Thomas Frank Myers and Nancy Lee myers under Cumberland County Judgment No. 2001-6444 northwest\myers\execution\description of property EXHIBIT "A" NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff VS. THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6444 : CIVIL ACTION - ~h.W : IN MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA.R.C.P. 3129 TO: Thomas Frank Myers and Nancy Lee Myers, defendants and owners (or reputed owner) in the above captioned action and with respect to real estate hereinafter described, and all other parties in interest and claimants: YOU ARE HEREBY NOTIFIED, that by virtue of the Writ of Execution issued out of the Court of Common Pleas of Cumberland County on the Judgment entered to docket number 2001-6444 in said County, the real estate described herein will be exposed to public sale as set forth herein. Pursuant to the aforesaid Writ of Execution, the Sheriff of Cumberland County will expose to public sale the aforesaid real estate and improvements thereon erected, if any, described in Exhibit "A" attached hereto and made a part of this notice. Said public sale will occur in the Cumberland County Courthouse, located at 1 Courthouse Square, Carlisle, Pennsylvania, on the 5th day of June, 2002 at 10:00 A.M. YOU ARE ALSO NOTIFIED that you may have legal rights to prevent the aforesaid real estate from being sold, including your right to file a petition to open, strike or set aside the judgment entered against you which permitted this writ to issue, and perhaps to prevent a Sheriff's sale. Also, if your property is sold, you may have the right to have the sale set aside if the price is "grossly inadequate',. However, if you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 Date: YOU ARE FURTHER NOTIFIED that a proposed schedule of distribution of the proceeds of the above sale will be filed by the said Sheriff of Cumberland County, on a date specified by the Sheriff not later than 30 days after the sale, and that distribution of said proceeds will be made in accordance with the said schedule of distribution unless exceptions are filed thereto within ten (10) days after the filing of the schedule. Your real estate will be sold at Sheriff's sale, as indicated above, unless the judgment, together with the costs and interest, is paid in full beforehand, or in such amount as the law otherwise requires to stop the sale. The Sheriff of the aforesaid County is required by law to post in his office and on the real estate as well, a handbill notice of the sale, which notice may contain additional information concerning the sale and which may be of interest and value to you. The Sheriff's handbill must be posted as aforesaid at least 30 days before the sale. The entire contents of the aforesaid Sheriff's handbill are incorporated herein as part of this notice, as fully as though the Sheriff's handbill notice were herein set forth at length. YOFFE & YOFFE, P.C. At FFREY/'~. ~OFF~, r~SQUIRE torney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 northwest~myers\execution\notice of sale DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 2001-6444 Judgment Amt: $14,602.46 Executing Creditor's Arty: Jeffrey N. Yoffe, Esquire, Avenue, Suite 203, Camp Hill, PA 17011. 717-975-1838 214 Senate ALL THAT CERTAIN lot of ground situate in the Borough of Mount Holly Springs, County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Prof. Eng., dated July 24, 1964, as follows: BEGINNING at a point on the southwest side of East Street, said point being 50 feet northwest of South Street; thence extending alon9 land now or late of Virgil Miller, south 43 degrees 45 minutes west 180 feet to a point on the northeast side of an alley (presently unopened); thence along the same north 46 degrees 15 minutes west 91 feet to a corner of land now or late of Thomas K. Nell; thence along said land north 43 degrees 45 minutes east 180 feet to a point on the southwest side of East Street aforesaid; thence along the same south 46 degrees 15 minutes east 91 feet to the point and place of BEGINNING. Having thereon erected a one-story frame dwelling known as No. 10 East Street. Being the same premises which Donald E. Cooley granted and conveyed to Thomas Frank Myers and Nancy Lee Myers pursuant to deed recorded in Cumberland County Record Book E, Volume 34, Page 888 dated September 26, 1989 and recorded September 29, 1989. Having Tax Parcel #23-32-2336-112 To be sold as the property of Thomas Frank Myers and Nancy Lee myers under Cumberland County Judgment No. 2001-6444 EXHIBIT "A" NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLA/~D COUNTY, PENNSYLVANIA NO. 2001-6444 CIVIL ACTION - LAW I~ MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE The undersigned certifies that on April 8, 2002 he served a copy of the Notice of Sale attached hereto as Exhibit "A" on Members First Federal Credit Union, Northwest Consumer Discount Company, American General Finance, Inc., Pennsylvania Housin9 Agency, Beneficial Consumer Discount Company, Lee S. Cahilly and Cumberland County Tax Claim Bureau. Service was accomplished by depositin9 the same in the United States Mail, First Class, postage prepaid and addressed as follows: Members First Federal Credit Union Attn: Lynn Unger, Bankruptcy Specialist P.O. Box 40 5000 Louise Drive Mechanicsburg, PA 17055 Northwest Consumer Discount Company 227 Penrose Place P.O. Box 670 Carlisle, PA 17013 American General Finance, Inc. Attn: Kim Sr. Customer Service Rep. 6 South Hanover Street Carlisle, PA 17013 Pennsylvania Housing Agency 2101 North Front Street Harrisburg, PA 17105 Beneficial Consumer Discount Company Attn: Donna 4910 Carlisle Pike Mechanicsburg, PA 17050 Lee S. Cahilly 1934 First Fork Road Austin, PA 16720 Lee S. Cahilly 1924 B. Fry Loop Avenue Carlisle, PA 17013 Lee S. Cahilly 16 North Thrush Drive Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 A copy of the Certificates of Mailing are attached hereto as Exhibit "B". YOFFE & YOFFE, P.C. 214 Senate Avenue, Suite 203 Camp ~{ill, PA 17011 (717) 975-1838 Attorney ID No. 52933 northwest\myers\execution~certificate of service NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff VS. THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERL~ND COUNTY, PENNSYLVANIA NO. 2001-6444 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA.R.C.P. 3129 TO: Thomas Frank Myers and Nancy Lee Myers, defendants and owners (or reputed owner) in the above captioned action and with respect to real estate hereinafter described, and all other parties in interest and claimants: YOU ARE HEREBY NOTIFIED, that by virtue of the Writ of Execution issued out of the Court of Common Pleas of Cumberland County on the Judgment entered to docket number 2001-6444 in said County, the real estate described herein will be exposed to public sale as set forth herein. Pursuant to the aforesaid Writ of Execution, the Sheriff of Cumberland County will expose to public sale the aforesaid real estate and improvements thereon erected, if any, described in Exhibit "A" attached hereto and made a part of this notice. Said public sale will occur in the Cumberland County Courthouse, located at 1 Courthouse Square, Carlisle, Pennsylvania, on the 5th day of June, 2002 at 10:00 A.M. YOU ARE ALSO NOTIFIED that you may have legal rights to prevent the aforesaid real estate from being sold, including your right to file a petition to open, strike or set aside the judgment entered against you which permitted this writ to issue, and perhaps to prevent a Sheriff's sale. Also, if your property is sold, you may have the right to have the sale set aside if the price is "grossly inadequate". However, if you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET HELP: EXHIBIT "A" Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 YOU ARE FURTHER NOTIFIED that a proposed schedule of distribution of the proceeds of the above sale will be filed by the said Sheriff of Cumberland County, on a date specified by the Sheriff not later than 30 days after the sale, and that distribution of said proceeds will be made in accordance with the said schedule of distribution unless exceptions are filed thereto within ten (10) days after the filing of the schedule. Your real estate will be sold at Sheriff's sale, as indicated above, unless the judgment, together with the costs and interest, is paid in full beforehand, or in such amount as the law otherwise requires to stop the sale. The Sheriff of the aforesaid County is required by law to post in his office and on the real estate as well, a handbill notice of the sale, which notice may contain additional information concerning the sale and which may be of interest and value to you. The Sheriff's handbill must be posted as aforesaid at least 30 days before the sale. The entire contents of the aforesaid Sheriff's handbill are incorporated herein as part of this notice, as fully as though the Sheriff's handbill notice were herein set forth at length. Date: YOFFE & YOFFE, P.C. 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 northwest\myers\execution\notice of sale EXHiBiT "A" DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 2001-6444 Judgment Amt: $14,602.46 Executing Creditor's Arty: Avenue, Suite 203, Camp Hill, Jeffrey N. Yoffe, Esquire, 214 Senate PA 17011. 717-975-1838 ALL THAT CERTAIN lot of ground situate in the Borough of Mount Holly Springs, County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Prof. Eng., dated July 24, 1964, as follows: BEGINNING at a point on the southwest side of East Street, said point being 50 feet northwest of South Street; thence extending along land now or late of Virgil Miller, south 43 degrees 45 minutes west 180 feet to a point on the northeast side of an alley (presently unopened); thence along the same north 46 degrees 15 minutes west 91 feet to a corner of land now or late of Thomas K. Nell; thence along said land north 43 degrees 45 minutes east 180 feet to a point on the southwest side of East Street aforesaid; thence along the same south 46 degrees 15 minutes east 91 feet to the point and place of BEGINNING. Having thereon erected a one-story frame dwelling known as No. 10 East Street. Being the same premises which Donald E. Cooley granted and conveyed to Thomas Frank Myers and Nancy Lee Myers pursuant to deed recorded in Cumberland County Record Book E, Volume 34, Page 888 dated September 26, 1989 and recorded September 29, 1989. Having Tax Parcel #23-32-2336-112 To be sold as the property of Thomas Frank Myers and Nancy Lee myers under Cumberland County Judgment No. 2001-6444 EXHIBIT "A" U.S. POSTAL SERVICE CERTIF-ICATE ---~"~'~ILING ~A¥ RE USED F'~OR [~OMESTI'~-C AND iNTERNATIONAL MAIL, DOES NOT :~OViDE FOR iNSURANCE--POSTMASTER ~ Received From: YOFFE & YOFFE, P.C. ~ ^V.':Nt)~L?~? -- -- CAMP HILL, PA I? I _ / PS Form 3817, Mar. i'~89 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNAT~C' ..... ~".:'-, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER Received From: YOFFE & YOFFE, P.C, 214 ~ENAI'F AVENUE: SUITE CAMP HILL, PA 17011 PH. (717) 975-1838 One piece of ordinary mail addressed to: PS Form 3817, Mar. 1989 u.s. ,osr~ s~,wc~ CErTIFICaTE OF ~AILI~G MAY BE USED FOR DOMESTIC AND INTERNA~AL MAIL, DOES NOT PROVIDE FOR INSURANCE~POSTMASTER Received From: YOFFE & YOFFE, P.C. 214 SENATE- AVENUE, SUI~ 203 CAI ~ 17011 On piece of,ordinary mail ~ PS Form 3817, Mar. 1989 ffix fee hem in stamps or meter postage and post mark. inquire of postmaster for c~rrent fee. Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. Affix fee here in stamps or meter postage and post mark. inquire of Postmaster for current fee. EXHIBIT u.s. po~ERVlCE CERTIFICATE~J~G ] ,AY BE USED FOR DOMESTIC AND INTERNATIONAL M~,. Lr DOES NOT ~OVIDE FOR iNSURANCE--POSTMASTER Received ErDa: YOFFE & YOFFE, P.C. -- ,.. ,-, ~_~,~ ~ = AV,-~UE73UI I I:: 208 ¢~P HLLL-PA ,~1 - PH. ~S Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY RE USED FOR DOMESTIC AND INTERNP~I~'.v,,~L ,.,~IL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER Received From: YOFFE & YOFFE, P.C. 214 SENATE AVENUE, SUITE 203 CAMP HILL, i~A i7011 One piece of ordinary mail addressed to: PS Form 3817, Mar. 1989 %% U.S. POSTAL SERVICE CERT~CATE OF MAILING MAY BE USED FOR DOMESTIC AND NTE~,ATIONAL MAIL DOES NOT PROVIDE FOR INSURANCe--POSTMASTER~ ' Received E .... YOFFE & YOFFE, P.O. CAMP HILL, PA 17011 PH. (717) 975-1838 O ne)l~ o~i,n~ a~; ii~s s e d to: PS Form 3817, Mar. 1989 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. EXHIBIT "B" STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND ss. Robert p Zie let ....................................................................... Recorder of Deeds in and for said County and State ' · do hereby ccrtdy that thc ShcrifPs Deed in which Northwest Cons Disc Co ................ the sa.me having been sold to said ra _ 5th _ rs the grantee g ntcc on th~; ._ Jufie '- .......... -~ ............................... day of ........................................ A. D., f ..... , under and by v/roue of a writ .............. /xecutton ................................................ issued on the ___2.5_th d~), of .... F. eb 02 ...................... A.D., Civil ..... , out of thc Court of Comman PIea~ ofsald County~ of .... ~ .............................................................................. Term, 6444 Northwest Cons Disc Co Number .............. , at the suit of ................. .... ;.- ................................ ........................... a ' Nancy Lee Myers & Thomas Frank M er - gamst ........... duly recorded in Sheriff's Deed Book No. 2 5 2 181 ............ , Page ............. 01 IN TESTIMONY WHEREOF, I have hereunto set my h d and seal of said office this x~.~.=..~__, day Northwest Consumer Discount Company VS Thomas Frank Myers and Nancy Lee Myers In The Court of Common Pleas of Cumberland County, Pennsylvania David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on March 12, 2002 at 7:47 o'clock pm, EST, he served a tree copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Thomas Frank Myers, by making known unto Thomas F. Myers personally, at 10 East Street, Mount Holly Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on March 12, 2002 at 7:47 o'clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Nancy Lee Myers, by making known unto Nancy L. Myers personally, at 10 East Street, Mount Holly Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2002 at 8:30 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Thomas Frank Myers and Nancy Lee Myers located at 10 East Street, Mt. Holly Springs, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Nancy Lee Myers, by regular mail to her last known address of 10 East Street, Mt. Holly Springs, PA 17065. This letter was mailed under the date of April 04, 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: Thomas Frank Myers, by regular mail to his last known address of 10 East Street, Mt. Holly Springs, PA 17065. This letter was mailed under the date of April 04, 2002 and never returned to the SherifFs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5, 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Jeffrey N. Yoffe for Northwest Consumer Discount Company. It being the highest bid and best price received for the same, Northwest Consumer Discount Company of 227 Penrose Place, Carlisle, PA 17013, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $762.04, it being costs. SherifFs Costs: Docketing $30.00 Poundage 14.94 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Service 9.66 Certified Mail .34 Levy 15.00 Surcharge 30.00 Law Joumal 297.95 Patriot News 212.95 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriff's Deed 29.50 $762.04 paid by attorney 6/24/02 Sworn and subscribed to before me This /,~ ~ day of 2002, A.D.~ ~?r'othonotary ' So Answers: R. Thomas Kline, gheriff Real Estate Deputy NORTHWEST CONSUMER DISCOUNT COMPANy, Plaintiff vs. THOMAS FRANK MYERS and NANCY LEE MYERS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAi~IA NO. 2001-6444 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE AFFIDAVIT UNDER PA. R.C.P. 3129.1 Yoffe & Yoffe, P.C. by Jeffrey N. Yoffe, Esquire, Attorney for Plaintiff, in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real estate located at 10 East Street, Mt. Holly Springs, Pennsylvania, per further description attached hereto as Exhibit "A": 1. Name and address of owner(s) or reputed owner (s): NAME: ADDRESS: Thomas Frank Myers Nancy Lee Myers 2. Name and address of defendant NAME: Thomas Frank Myers 10 East Street Mt. Holly Springs, PA 170~ 10 East Street Mt. Holly Springs, PA 1 (s) in the judgment: ADDRESS: ~ C.~ 10 East Street Mt. Holly Springs, PA 17065 Nancy Lee Myers 10 East Street Mt. Holly Springs, PA 17065 3. Name and address of every judgment creditor whose record lien on the real estate to be sold: NAME: ADDRESS: judgment is a Beneficial Consumer Discount Company P.O. Box 7040 Mechanicsburg, PA 17055 Lee S. Cahilly 16 North Thrush Drive Carlisle, PA 17013 Northwest Consumer Discount Company 227 Penrose Place Carlisle, PA 17013 Northwest Consumer Discount Company 2 Liberty Street Warren, PA 16365 4. Name and record: NAME: address of the last recorded holder ADDRESS: of every mortgage of Defense Activities Federal Credit Union Northwest Consumer Discount Company 5275 East Trindle Road Mechanicsburg, PA 17055 227 Penrose Place Carlisle, PA 17013 American General Finance Inc. 6 South Hanover Street Carlisle, PA 17013 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105-5530 5. Name and address of every other person who has any record lien on the property: NAME: ADDRESS: Cumberland County Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME: ADDRESS: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME: ADDRESS: None I verify that the statements made in this Affidavit are true and correct to ~he best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATED: nor thwest \myer s~execut ion\ a f f 312 9 YOFFE & YOFFE, P.C. 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID NO. 52933 DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 2001-6444 Judgment Amt: $14,602.46 Executing Creditor's Atty: Avenue, Suite 203, Camp Hill, Jeffrey N. Yoffe, Esquire, 214 Senate PA 17011. 717-975-1838 ALL THAT CERTAIN lot of ground situate in the Borough of Mount Holly Springs, County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Prof. Eng., dated July 24, 1964, as follows: BEGINNING at a point on the southwest side of East Street, said point being 50 feet northwest of South Street; thence extending along land now or late of Virgil Miller, south 43 degrees 45 minutes west 180 feet to a point on the northeast side of an alley (presently unopened); thence along the same north 46 degrees 15 minutes west 91 feet to a corner of land now or late of Thomas K. Nell; thence along said land north 43 degrees 45 minutes east 180 feet to a point on the southwest side of East Street aforesaid; thence along the same south 46 degrees 15 minutes east 91 feet to the point and place of BEGINNING. Having thereon erected a one-story frame dwelling known as No. 10 East Street. Being the same premises which Donald E. Cooley granted and conveyed to Thomas Frank Myers and Nancy Lee Myers pursuant to deed recorded in Cumberland County Record Book E, Volume 34, Page 888 dated September 26, 1989 and recorded September 29, 1989. Having Tax Parcel #23-32-2336-112 To be sold as the property of Thomas Frank Myers and Nancy Lee myers under Cumberland County Judgment No. 2001-6444 northwest~myers\execution\description of property NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. THOMAS FRANK MYERS and NkNCY LEE MYERS, Defendants NO. 2001-6444 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA.R.C.P. 3129 TO: Thomas Frank Myers and Nancy Lee Myers, defendants and owners (or reputed owner) in the above captioned action and with respect to real estate hereinafter described, and all other parties in interest and claimants: YOU ARE HEREBY NOTIFIED, that by virtue of the Writ of Execution issued out of the Court on the Judgment entered to docket of Common Pleas of Cumberland County number 2001-6444 in said County, the real estate described herein will be exposed to public sale as set forth herein. Pursuant to the aforesaid Writ of Execution, the Sheriff of Cumberland County will expose to public estate and improvements thereon erected, if "A" attached hereto and made a part of this will occur in the Cumberland County Courthouse, Carlisle, Pennsylvania, on the 5th day SHare, A.M. YOU ARE ALSO NOTIFIED that you may have sale the aforesaid real any, described in Exhibit notice. Said p~lic_~sale located at l~3~ur~ous~ of June, 20~:at ~0:00::? legal rights ~ pr~ve~ the aforesaid real estate from being sold, including your right to file a petition to open, strike or set aside the judgment entered against you which permitted this writ to issue, and perhaps to prevent a Sheriff's sale. Also, if your property is sold, you may have the right to have the sale set aside if the price is "grossly inadequate". However, if you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET HELP: Cumberland County Bar Association (717)249-3166 OR (800)990-9108 YOU ARE FURTHER NOTIFIED that a proposed schedule of distribution of the proceeds of the above sale will be filed by the said Sheriff of Cumberland County, on a date specified by the Sheriff not later than 30 days after the sale, and that distribution of said proceeds will be made in accordance with the said schedule of distribution unless exceptions are filed thereto within ten (10) days after the filing of the schedule. Your real estate will be sold at Sheriff's sale, as indicated above, unless the judgment, together with the costs and interest, is paid in full beforehand, or in such amount as the law otherwise requires to stop the sale. The Sheriff in his office and on the which notice may and which may be sale, sale handbill must The entire incorporated of the aforesaid County is required by law to post real estate as well, a handbill notice of the contain additional information concerning the of interest and value to you. The Sheriff's be posted as aforesaid at least 30 days before the sale. contents of the aforesaid Sheriff's handbill are herein as part of this notice, as fully as though the Sheriff's handbill notice were herein set forth at length. Date: YOFFE & YOFFE, P.C. /~FF~EY ~. YO~FE, 'ESQUIRE ~/Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 northwest~myers~execution~notice of sale DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 2001-6444 Judgment Amt: $14,602.46 Executing Creditor's Atty: Jeffrey N. Yoffe, Esquire, 214 Senate Avenue, Suite 203, Camp Hill, PA 17011. 717-975-1838 ALL THAT CERTAIN lot of ground situate in the Borough of Mount Holly Springs, County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Prof. Eng., dated July 24, 1964, as follows: BEGINNING at a point on the southwest side of East Street, said point being 50 feet northwest of South Street; thence extending along land now or late of Virgil Miller, south 43 degrees 45 minutes west 180 feet to a point on the northeast side of an alley (presently unopened); thence along the same north 46 degrees 15 minutes west 91 feet to a corner of land now or late of Thomas K. Nell; thence along said land north 43 degrees 45 minutes east 180 feet to a point on the southwest side of East Street aforesaid; thence along the same south 46 degrees 15 minutes east 91 feet to the point and place of BEGINNING. Having thereon erected a one-story frame dwelling known as No. 10 East Street. Being the same premises which Donald Eo Cooley granted and conveyed to Thomas Frank Myers and Nancy Lee Myers pursuant to deed recorded in Cumberland County Record Book E, Volume 34, Page 888 dated September 26, 1989 and recorded September 29, 1989. Having Tax Parcel #23-32-2336-112 To be sold as the property of Thomas Frank Myers and Nancy Lee myers under Cumberland County Judgment No. 2001-6444 EXHIBIT "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6444 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy thc debt, interest and costs due Northwest Consumer Discount Company Plaintiff (s) From Thomas Frank Myers, 10 East Street, Mt. Holly Springs, PA 17065; Nancy Lee Myers, 10 East Street, Mt. Holly Springs, PA 17065 (1) You arc directed to levy upon the property of thc defendant (s)and to sell SEE ATTACHED LEGAL DISCRIPTION (2) You arc also dixected to attach thc property of thc 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 garmshee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (2) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $14,602.46 Interest 12/27/01 TO 6/5/02 - $617.60 Atty's Corem % Atty Paid $119.90 Plaintiff Paid Date: FEBRUARY 25, 2002 REQUESTING PARTY: Name JEFFREY N. YOFEE, ESQUIRE Address: 214 SENATE AVENUE, SUITE 202 CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-975-1838 L.L..50 Due Prothy $1.00 Supreme Court ID No. 52933 Rea! Estate Sale On March 12, 2002 the sheriff levied upon the defendant's interest in the real property situated in Borough of Mt. Holly Springs, Cumberland County, PA known and numbered as 10 East Street, Mt. Holly Springs and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2002 By: Real Estate Deputy 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: APRIL 26, MAY 3, 10, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not 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. I~EAL ESTATE SALE NO. 42 Writ No. 2001-6444 Civil Northwest Consumer Discount Company VS. Thomas Framk Myers ~d N~cy ~e Myers At~.: deffrey Yoffee E~IBIT DESC~ION OF PROPER~ ~ BE SOLD ~L T~T CERT~N lot of ~ound situate in the Borough of Mount Hol ly Springs, Coun~ of Cumberl~d ~d State of Pe~msylv~ia, bonded ~d described in accord~ce ~th a su~ey and plan thereof made by Ernest d. W~ker, ~of. Eng., dated duly 24, 1964, as follows: ROger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 dayof MAY, 2002 [(lis E. $~YDER, l, lolary Public recorded in Cumberland County Record Book E. Volume 34. Page ~ 888 dated September 26. 1989 mhd recorded September 29, 1989. Having Paroe1 23 32 2a 6 TItE PATRIOT NEWS 112. To be sold as the property of Thomas Frallk Myers and Nancy LeeSUNDAY PATRIOT NEWS Myers under Cumberland County Judgment No. 2001 6444. Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and PUBLICATION COPY S A L E #42 REAL ESTAI~.SALE No. 42 Writ No. 2ffil-MM Northwe~ ~,o~.mer DIK~nt CO. Thontia Frank Myi~ and A~E THAT CERTAIN lot of ground sitaele in the Boroush of Mo~t HoUI Spt,~, County of Oaub~l~:i and State of Punnsylva~ia, bomkd a~d,d~fib~} in a~.ordanc~ with a survey and phm tl~m'~f m~d~ by Emro I. Wall~r, prof. Fc~,, da~ July 24, 1964, as follow~: BEGINNING at a point on th~ southw~t ~ of That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ~;worn to and subscribed before~ 17th day/d~Jvl~'~02 A.D. My Commission Expires June 6, 2002 ~y commission expires June 6, 2002 Member, Pennsylvania Association ct Notaries 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 $ 21 1.20 EastStn~t, saidpointl~iag~0f~tnotlhwestof Probating same Notary Fee(s) $ 1.75 i~th Salt; ~r~ :x~n~ ~lon~ land ,~ or Total $ 21 2.95 ~ ~ ~Her, ~u~ 43~ 45 ~ ~~~ ~ublishers Receipt for Advertising Cost ~~ K ~., pubhsher of The Patriot-News and The Sundav Patriot-New~, newspapers of general ~ ~.,~ ~:~ ~ e receipt of the aforesaid notice and pubtication costs and ce~ifies that the same have s~ mu~ ~ ~ B ~u~i'~t 91 ~t t0 ~U ~ a~-s~ ~ dwel~g ~ By .................................................................... BEING ~ same premiss w~h Do~d E. C~olcy 8mut~ {uid ~ ~ ~ F~ My~N~M~t~ ~,~,~{d ~ ~ ~ ~ F~ Myers ~ ~cy ~ Myra ~r Cum~d