Loading...
HomeMy WebLinkAbout08-4975Northwest Consumer Discount Company, Plaintiff VS. Michael S. Anderson and Linda S. Anderson, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 6% - J0176 Civil -rvx CIVIL ACTION 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 (800)990-9108 NOTICIA 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 0 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 PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 (800)990-9108 Northwest Consumer Discount Company, Plaintiff VS. Michael S. Anderson and Linda S. Anderson, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION IN MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff is Northwest Consumer Discount Company (Northwest) doing business at 223 Penrose Place, Carlisle, PA 17013. 2. Defendants are Michael S. Anderson and Linda S. Anderson, adult individuals who reside at 12 Earl Street, Boiling Springs, PA 17007. 3. On March 19, 2004, Defendants executed a written mortgage agreement in favor of Northwest in the principal amount of $28,570.19, the same being recorded on March 23, 2004 in Cumberland County Mortgage Book 1857, Page 4753, the same being incorporated herein by reference thereto, as fully as though said mortgage were set forth herein as an Exhibit. 4. 5. 6. The real estate subject to the mortgage is described and located as per the description in the mortgage and deed attached hereto as Exhibit "A". Defendants have defaulted in their repayment obligations as per the terms of the mortgage which mortgage incorporates a note dated March 19, 2004, for which said mortgage is security, in that they have failed to make the payments due for February 2008 and all payments thereafter. A copy of the aforesaid note is attached hereto as Exhibit "B". The total owing as of August 1, 2008 on said mortgage indebtedness is as follows: (1) Principal $19,852.78 (2) Interest $2,509.20 (3) Late Charges $104.55 (4) Attorney fees $900.00 Total........ 23.366.53 7. In addition to the above total in paragraph 6, subsequent to August 1, 2008, a per diem charge of $6.89 is owed by the Defendants. 8. The requirements of Act 6 of 1974, 41 P.S. §403 and the Homeowner Mortgage Assistance Act of 1983 (Act 91) have been complied with in this case by virtue of letters dated and mailed to defendants on June 24, 2008, containing information required by said statutes. 9. To the best of Plaintiffs 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 requests judgment in rem (and only in rem) against Defendants in mortgage foreclosure in the amount of $23,366.53 as of August 1, 2008, plus interest at the rate of $6.89 per day after August 1, 2008, plus late charges, service charges, attorney fees, other authorized charges and costs collectible under the mortgage, note and applicable law which accrue after August 1, 2008. YOFFE & YOFFE, P.C. By , 0 . -,t;, 4 J TTe N. Yoffie, Esq. Attorney for Northwest Consumer Discount Company 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon. net SVIM0E 5:22 PN FRCM: Fax TO: 249-4622 PAGE: 004 OF 004 Northwest C n umer Du cou t Company, : IN THE COURT OF COMMON PLEAS OF Pblintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. Michael S. Anderson and Linda S. Anderson, CIVIL ACTION Defokboo IN MORTGAGE FORECLOSURE VERIFICATION I hereby state that I an an aduh individual who is authorized to make this verification and that tha facts ad forth in the foregoing Complaint we 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 unworn to authorities. Dated: Name: Nelson H. Myors, Jp Title: Vice President/RegkxW Manager • 207-3 7 r0170/ Assessment No. vF LEEDS ;l m'ERLAIM COUNTY-PA '01 JUL 2 RM 10 52 THIS DEED MADE THIS j_ day of c / 4 4 Y , 2001, BETWEEN MICHAEL S. ANDERSON AND LINDA S. ANDERSON, husband and wife, hereinafter "Grantors", A N D MICHAEL S. ANDERSON AND LINDA S. ANDERSON, husband and wife, hereinafter "Grantees." WITNESSETH, that for and in consideration of One and no/100 ($1.00) Dollars, in hand paid, the receipt of which is hereby acknowledged, the said Grantors does hereby grant and convey to the said Grantees, their heirs and assigns, ALL THAT CERTAIN tract of land with improvements thereon situate in Monroe Township Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin, the western side of a public road, at corner of other land of grantor; thence in a westerdly direction along said other land of grantor, a distance of 167 feet to a point (iron pin); thence still along other land of grantor in a northwardly direction a distance of 100 feet to a point (iron pin); thence in an eastwardly direction along land now or formerly of Mervin E. Miller and Morence Miller, a distance of 167 feet to a point (iron pin), in the western side of said public road; thence in a southerly direction along the western side of said public road, a distance of 100 feet to a point, the place of Beginning. Tract No_ 2 - Beginning at a point on the western side of Gutsball Road (T-632) and at a corner of Tract No. 1 described above; thence along said road south 15 degrees 09 minutes 00 seconds west 25 feet to a point; thence south 84 degrees 45 minutes 00 seconds west 190.60 feet to a stake; thence north 15 degrees 09 minutes 00 seconds east 25 feet to an iron pin at comer of land of Richard E. Miller and Arlene Miller and Tract No. 1 above; thence north 84 degrees 45 minutes 00 seconds east 1190.60 feet to place of Beginning. em 247 IAA bL Z EXHIBIT "A" Orl31/ M 1:22:42 PM CUMBERLAND COUNTY Irnst.# 200120737 - Page 1 o13 Said description is according to a survey of Harry V. Gouse #2285E dated December 15, 1986. BEING the same two tracts that Marian H. Miller by her deed dated October 29, 1987 and recorded in the Office of the Recorder of Deeds, Cumberland County in Deed Book "A", Volume 33, Page 560 granted and conveyed to Linda S. Anderson, one of the grantors herein. Track No. 3 - ALL THAT CERTAIN tract of parcel of land, together with any and all imporvements thereon erected, situate in the in the Township of Monroe, County of Cumberland, Pennsylvania, known as Lot No. 2A of the Final Resubdivision Plan of Marian H. Miller, (aka Marion H. Miller) as prepared by John K. Bigler, III, Registered Surveyor, dated August 29, 1989, and Recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book , Page , as follows to wit: BEGINNING at a PK Nail set in Township Route 632, commonly known as Gutshall Road, at corners common with Lot No. 2-B of the aforementioned Resubdivision Plan; thence along said Lot No. 2-B South 87 degrees 48 minutes 40 seconds West a distance of 309.49 feet to an iron pin; thence along lands now or formerly of David E. Davis, et ux, North 13 degrees 30 minutes 00 seconds west, a distance of 27.07 feet to an iron pin; thence along lands now or formerly of Richard E. Miller, North 78 degrees 18 minutes 00 seconds East a distance of 144.89 feet to an iron pin; thence along lands now or formerly of Linda S. Anderson South 15 degrees 09 minutes 00 seconds West a distance of 25.02 feet to an iron pin; thence along same, North 84 degrees 45 minutes 00 seconds East a distance of 190.62 feet to a PK Nail set in township Route 632; thence in said Township Route South 14 degrees 27 minutes 00 seconds West a distance of 38.39 feet to a PK Nail, being the place of BEGINNING. Subject to the dedicated right of way along Township Route 632 (Gutshall Road) as set forth on the aforementioned Plan. BEING the same tract of land that Marian H. Miller, by her deed dated October 25, 1989, and recorded in the Deed Book "G", Volume 34, Page 980, granted and conveyed to Linda S. Anderson, one of the Grantors herein. AND the said Grantors does hereby warrant specially the within described premises. This conveyance is between spouses and is therefore exempt from Realty Transfer Tax. aoov 247 PWt 9S3 EXHIBIT "A" 07139/2008 1:22:42 PM CUMBERLAND COUNTY InMl 200120737 - Page 2 of 3 IN WITNESS WHEREOF, said Grantors has hereunto set her hand and seal the day and year above written. Signed, Sealed and Delivered in the presence of (SEAL) ? (SEAL COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF Cumberland On this, the day of 7a !y , 2001, before me, a notary public, the undersigned officer, personally appeared MICHAEL S. ANDERSON AND LINDA S. ANDERSON, husband and wife, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ".. ,.jPuorc ';- cou?2003 I do hereby certify that the precise address of the within Grantees is 577 It Cu ,T 7 a4 Id .. A), , µ63 / /7 0007 oov '47 PAGi 9S4 EXHIBIT "A" 07/3112008 1:22:42 PM CUMBERLAND COUNTY lnst.0 200120737 - Page 3 of 3 flue u1 Uu u1. i•Tt, riui t,riwea6 C:uieauuov, •ra•r t_YCl uuzu t.., z NOTE 3/19/04 CARLISLE, PA 17013 (CRY) (State) 574 G()TSHALL ROAD BOILING SPRINGS, CUMBERLAND COUNTY, PA 17007 ........................................................... (Property AddrM) THE BORROWER'S ARE . . . ANAERSM AICIJAn A. ,AND LINDA S; . 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received. I promise to pay U. S. S ?B 5 70.19 . . . . . this amount Is called 'principan, pus interest, to the order of the Lender. The Lender is . NORTHNEST CONSUMER DISC. C0.- CARLISLE 1 understand that the Lender may transfer this Note. The Lender or anyone who'aloes this Note by transfer and who is erdiUed to receive payments under this Note is called the 'Note Holder. 2. INTEREST Interest will be charged on unpaid principal until the hill amount of principal has been paid. I will pay interest at a ye" rate of . . .12,510. The Intelsat rate required by this Section 2 is the rate I will pray both before and after any defauR descnbed in Section Q (B) of Oft Note. 3. PAYMENTS (A) Time and Place of Payments I writ pay principal and interest by making paygents every month. I will make my monthly payments on the . . . . day of each month beginning on 4/25/04 1 wilt make these payments every month until I have paid all of the principal and interest and any other described below that 1 may owe under this Note. My..xxd y payments will be applied to interest before principal If, on . . . . . . . . 3 / 25 . . . . 1 still owe amounts under this Note. I will pay those amounts in full on that date, which is called the'rnaturly date'. I vai make my monthly payments at . . . 22.3 . P%NROSE PLACE .CARLISLE, P. A. 17013 . . . . . . . . . . . . or at a different place if required by the Note Holder. (B) Amount of Monthly Payments 418.20 My monthly payment will be in the amount of U.S. S . . . . . . . . . . . . . . . 4. BORROWER'S RIGHT TO PREPAY 1 have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment". When 1 make a prepaynxrt, t will tell the Note Holder in writing that 1 am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holier will use all of my prepayments to reduce the amount of principal that I we under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees In writing to :hose changes. S. LOAN CHARGES If a law. which apples to this ban and which sets malomum ban charges. Is finally interpreted so that the Interest or other loan charges collected or to be collected in wmection with this ban exceed the permitted frnla, then; M any such ban charge shat be reduced by the amount recesmy to reduce the charge to the parmVed Omit; and (u) any stuns already collected from me which exceeded permitted hits will be refunded torte. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal. Me reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of . . . 15 calendar days after the date It is due. 1 will pay a late charge to the Nate Hokttr. The amount of the charge will be 5 . . . % of my overdue payment of principal and interest. I will pay this late charge prompty but only once on each late payment. (8) Default If 1 do not pay the full amount of each monthly payment on the date it is due. I will be in def*A (C) Notice of Default If I am in default, the Note Holder may send me a written rwdce ttftg me that if I do not pay the overdue amount by a certain date, the Note Holder may require rre to pay immediately the full amount of principal which has not been paid and all the hntersst that I owe on that amount. That date must be at least all days after the date on which the notice Is delivered or mailed to me. M-111 Revised 1212 1,99 EXHIBIT "Bit rr..g ul uu u"t. uur rrui 6rlw Cll. Lll119%jmw, '% 1'! i1u uuuu r. J (0) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in run as described above., the Nate. Holder will stilt have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses to enforcing this Note to the extent not prohibited by applicable law Those expenses include, for example. reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by rlNwennR It or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3 (A) above or at a different address if I am given a notice of that different address 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note. each person is fully and personally obligated to keep all of the promises made in this Nate. including the promise to pay the full amount owed. Any person who is a guarantor. surety or endorser of this Note is also obligated to do these things Any person who takes over these obligations. including the obligations of a guarantor, surety or endorser of this Note. is also obligated to keep all of the promises made in this Note The Note Holder may enforce its rights under this Note against each person individu ally or against all of us together This means that any one of us may be required to pay all of the amounts owed under this Note 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. 'Presentment' means the right to require the Note Holder to demand payment of amounts due 'Notice of dishonor' means the right to require the Note Holder to give notice to other persons that amounts due have not been paid 10 UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the 'Security Instrument'), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note That Security Instrument describes how and under what conditions I maybe required to make immediate payment in full of all amounts I owe under this Note Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent. Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if exorcise is prohibited by foderal law as of the date of this Security Instrument. If Lender exercised this option. Lender shall give Borrower notice of acceleration The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Secwrty Instrument without further notice or dornaod on Dorruwer. WITNESS THE HAND(S) AND SEALS(S) OF THE UNDERSIGNED .?., . . . . . . . . . . . . . (Seal) Witness Borrower . . . . . . . . . S? . . . . . . . (Seal) Witness Borrower Witness Witness . . . . . . . . . . . . . . . . . . . . (Seel) Borrower . . . . . . . . . . . . . . . . . . . . . (Seal) Borrower EXHIBIT "B" C7 ? _ T r . y 4c= .? ;'Z7 fTt Ll SHERIFF'S RETURN - REGULAR ASE NO: 2008-04975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTHWEST CONSUMER DISCOUNT CO VS ANDERSON MICHAEL S ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ANDERSON MICHAEL S the DEFENDANT , at 0018:45 HOURS, on the 27th day of August , 2008 at 12 EARL STREET BOILING SPRINGS, PA 17007 by handing to MICHAEL ANDERSON DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Postage 41UJr/DY So Answers: 18.00 5.00 00 • 10.00 R. Thomas Kline .58 33.58 08/28/2008 YOFFE & YOFFE / Sworn and Subscibed to before me this of By. day Deputy Sher A. D. SHERIFF'S RETURN - REGULAR "'CASE NO: 2008-04975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTHWEST CONSUMER DISCOUNT CO VS ANDERSON MICHAEL S ET AL MARK CONKLIN Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE ANDERSON LINDA S DEFENDANT Sheriff or Deputy Sheriff of was served upon the at 0018:45 HOURS, on the 27th day of August , 2008 at 12 EARL STREET BOILING SPRINGS, PA 17007 MICHAEL S ANDERSON by handing to HUSBAND OF DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 9'04/61 ). 6.00 .00 .00 10.00 .00 v/ 16.00 Sworn and Subscibed to before me this day So Answers: r R. Thomas Kline 08/28/2008 YOFFE & YOFFE By. Deputy Sheriff of A.D. Northwest Consumer Discount Company, Plaintiff VS. Michael S. Anderson and Linda S. Anderson, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4975 : CIVIL ACTION : IN MORTGAGE FORECLOSURE PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES To the Prothonotary of Cumberland County: Kindly enter an in rem judgment in favor of the Plaintiff and against MICHAEL S. ANDERSON and LINDA S. ANDERSON, Defendants for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $23,366.53 Interest from 08/01/08-10/01/08 $213.59 TOTAL $23,580.12 I hereby certify that (1) the address of the Defendants is 12 Earl Street, Boiling Springs, PA 17007 and (2) that notice has been given in accordance with Rule 237. 1, copy attached. YOFFE & YOFFE, P.C. DATED: `Q N Zvo ? a, O? 4 PFFREY X. YOFFE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _ /!"7 111 PR O Northwest Consumer Discount Company, Plaintiff vs. Michael S. Anderson and Linda S. Anderson, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4975 CIVIL ACTION IN MORTGAGE FORECLOSURE NOTICE TO: Linda S. Anderson, 12 Earl Street, Boiling Springs, PA 17007 DATE: September 18, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 (800)990-9108 NOTICIA IMPORTANTE A: Linda S. Anderson, 12 Earl Street, Boiling Springs, PA 17007 FECHA DEL AVISO: September 18, 2008 USTED ESTA EN REBELDIA HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICIAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 (800)990-9108 YOFFE & YOFFE, P.C. BY IMZZ#-^ 7+l/ FF N. YOFFE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 404 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 Consumer Discount Company, Plaintiff VS. Michael S. Anderson and Linda S. Anderson, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4975 : CIVIL ACTION : IN MORTGAGE FORECLOSURE NOTICE TO: Michael S. Anderson, 12 Earl Street, Boiling Springs, PA 17007 DATE: September 18, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 (800)990-9108 NOTICIA IMPORTANTE A: Michael S. Anderson, 12 Earl Street, Boiling Springs, PA 17007 FECHA DEL AVISO: September 18, 2008 USTED ESTA EN REBELDIA HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICIAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 (800)990-9108 YOFFE & YOFFE, P.C. B A141 Ad F REY N. YO E, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 404 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. y 00 r tf y v ?- Northwest Consumer Discount Company, Plaintiff VS. Michael S. Anderson and Linda S. Anderson, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4975 CIVIL ACTION 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: Michael S. Anderson 12 Earl Street Boiling Springs, PA 17007 Linda S. Anderson 12 Earl Street Boiling Springs, PA 17007 YOFFE & YOFFE, P.C. Dated: f U' ?l ?iDU? BY 4-4?7' 1A .4 FFRE N. YOF E, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 wY' r?..n ^^CC Northwest Consumer Discount Company, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-4975 Michael S. Anderson and Linda S. Anderson, CIVIL ACTION Defendants IN MORTGAGE FORECLOSURE AFFIDAVIT OF NONMILITARY SERVICE To the best of the plaintiffs 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. DATED: ' D'/' VO YOFFE & YOFFE, P.C. B*FN- 1A /d YOF E, ESQUIRE Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 r-o C-D to cn ` ? 3 r! C?.7 Northwest Consumer Discount Company, Plaintiff VS. Michael S. Anderson and Linda S. Anderson, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4975 CIVIL ACTION IN MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary of Cumberland County: Please issue writ of execution in the above matter: Amount Due Interest from 10101%08 to 03/04/2009 [Costs to be added] Total $23,580.12 $1,061.06 $24,641.18 YOFFE & YOFFE, P.C. Date: 11 i ??ZU0 BY e ey . Yoffe, E . Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net Q N Vl V W c 0 O I < } •T V. Northwest Consumer Discount Company, Plaintiff VS. Michael S. Anderson and Linda S. Anderson, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4975 CIVIL ACTION 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 574 Gutshall Road, Boiling Springs, PA 17007, per further description attached hereto as Exhibit "A": 1. Name and address of owner(s) or reputed owner (s): NAME: ADDRESS: Michael S. Anderson Linda S. Anderson 12 Earl Street Boiling Springs, PA 17007 2. Name and address of defendant (s) in the judgment: NAME: ADDRESS: Michael S. Anderson Linda S. Anderson 12 Earl Street Boiling Springs, PA 17007 3. Name and address of every judgement creditor whose judgment is a record lien on the real estate to be sold: NAME: ADDRESS: None. 4. Name and address of the last recorded holder of every mortgage of record: NAME: ADDRESS: Northwest Consumer Discount Company 223 Penrose Place Carlisle, PA 17013 Beneficial Consumer Discount Company 419 Village Drive, Suite 2 Carlisle, PA 17015-6943 5. Name and address of every other person who has any record lien on the property: ADDRESS Cumberland County Tax Claim Bureau 1 Courthouse Square Old 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: 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: ADDRESS YOFFE & YOFFE, P.C. Date: I d-42,ad By Vlb?r A , e frey . Yoffe, Esq. Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyo[ Le(@verizon.net Domestic Relations Of Cumberland County Tenant/Occupant PA Department Of Revenue Inheritance Tax Division Commonwealth Of Pennsylvania Department Of Welfare Commonwealth Of Pennsylvania Department Of Public Welfare Estate Recovery Program 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 574 Gutshall Road Boiling Springs, PA 17007 Department 280601 Harrisburg, PA 17128-0601 P.O. Box 2675 Harrisburg, PA 17105 P.O. Box 8486 Harrisburg, PA 17105-8486 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 unworn falsification to authorities. A#- ,V?. ALL THAT CERTAIN tract of land with improvements thereon situate in Monroe Township Cumberland County, Pennsylvania, bounded and described as follows: Tract No. 1 - BEGINNING at an iron pin, the western side of a public road, at corner of other land of grantor; thence in a westwardly direction along said other land of grantor, a distance of 167 feet to a point (iron pin); thence still along other land of grantor in a northwardly direction a distance of 100 feet to a point (iron pin); thence in an eastwardly direction along land now or formerly of Mervin E. Miller and Florence Miller, a distance of 167 feet to a point (iron pin); in the western side of said public road; thence in a southerly direction along the western side of said public road, a distance of 100 feet to a point, the place of Beginning. Tract No. 2 - Beginning at a point on the western side of Gutshall road (T-632) and at a corner of Tract No. 1 described above; thence along said road south 15 degrees 09 minutes 00 seconds west 25 feet to a point; thence south 84 degrees 45 minutes 00 seconds west 190.60 feet to a stake; thence north 15 degrees 09 minutes 00 seconds east 25 feet to an iron pin at corner of land of Richard E. Miller and Arlene Miller and Tract No. 1 above; thence north 84 degrees 45 minutes 00 seconds east 190.60 feet to place of Beginning. Said description is according to a survey of Harry V. Gouse #2285E dated December 15, 1986. Tract No. 3 - ALL THAT CERTAIN tract or parcel of land, together with any and all improvements thereon erected, situate in the Township of Monroe, County of Cumberland, Pennsylvania, known as Lot No. 2A of the Final Resubdivision Plan of Marian H. Miller, (aka Marion H. Miller) as prepared by John K. Bixler, III, Registered Surveyor, dated August 29, 1989, and Recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book , Page , as follows to wit: BEGINNING at a PK Nail set in Township Route 632, commonly known as Gutshall Road, at corners common with Lot No. 2-B of the aforementioned Resubdivision Plan; thence along said Lot No. 2-B south 87 degrees 48 minutes 40 seconds west a distance of 309.49 feet to an iron pin; thence along lands now or formerly of David E. Davis, et ux, north 13 degrees 30 minutes 00 seconds west, a distance of 27.07 feet to an iron pin; thence along lands now or formerly of Richard E. Miller, north 78 degrees 18 minutes 00 seconds east a distance of 144.89 feet to an iron pin; thence along lands now or formerly of Linda S. Anderson, south 15 degrees 09 minutes 00 seconds west a distance of 25.02 feet to an iron pin; thence along same, north 84 degrees 45 minutes 00 seconds east a distance of 190.62 feet to a PK Nail set in Township Route 632; thence in said Township Route south 14 degrees 27 minutes 00 seconds west a distance of 38.39 feet to a PK Nail, being the place of BEGINNING. Subject to the dedicated right of way along Township Route 632 (Gutshall Road) as set forth in the aforementioned Plan. For title see deed recorded in Cumberland County record book 247 page 992 in the Cumberland County, Pennsylvania Recorder Of Deeds office. EXHIBIT "A" CD i. n i.T S CZ) 4 ?IM? w. Northwest Consumer Discount Company, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-4975 Michael S. Anderson and Linda S. Anderson, CIVIL ACTION Defendants IN MORTGAGE FORECLOSURE ACT 6 AND ACT 91 CERTIFICATION The requirement of Act 6 of 1974, 41 P.S. §403 and the Homeowner Mortgage Assistance Act of 1983 (Act 91) have been complied with in this case by virtue of letters dated and mailed to defendant on June 24, 2008, containing information required by said statutes. An exact copy of said notices are attached hereto. YOFFE & YOFFE, P.C. Date: ill By A Jeffrey N. Yoffe, Esq. Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net June 24, 2008 TO: Linda S. Anderson 12 Earl Street Boiling Springs, PA 17007 FROM: Northwest Consumer Discount Co. 223 Penrose Place P.O. Box 670 Carlisle, PA 17013 Linda S. Anderson 574 Gutshall Road Boiling Springs, PA 17007 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Northwest Consumer Discount Co. (hereafter we, us or ours) on your property located at 574 Gutshall Road, Boiling Springs, Cumberland County, PA per Cumberland County Mortgage Book 1857, Page 753 IS IN SERIOUS DEFAULT because you have not made the monthly payment of $418.20 for the months of February 2008 through and including May 2008. Late charges for the months of February 2008 through May 2008 have also accrued in the amount of $83.64. The total amount now required to cure this default, or in other words, get caught up in your payments, as of June 24, 2008 is $1,756.44. 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 $1,756.44 plus any additional monthly_ogyments, 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 Northwest Consumer Discount Co., 223 Penrose Place, P.O. Box 670, 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 attorney 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 attorney, but you cure the default before he begins legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00 in order to cure the default. 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, in order to cure the default. In order to calculate the amount owing to cure the default, 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 remain in Bankruptcy and thereafter obtain your Bankruptcy discharge, in no event will you ever be personally liable for Attorney fees or costs - reference to such amounts is only being made herein to advise you that such amounts will need to be paid in order to reinstate your account and prevent a mortgage foreclosure sale of your real estate. 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 Sheriffs 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 Sheriffs sale could be held would be approximately October 24, 2008. 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 Sheriffs 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.: 7005 1820 0007 1258 6394 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. June 24, 2008 TO: Michael S. Anderson FROM: Northwest Consumer Discount Co. 12 Earl Street 223 Penrose Place Boiling Springs, PA 17007 P.O. Box 670 Carlisle, PA 17013 Michael S. Anderson 574 Gutshall Road Boiling Springs, PA 17007 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Northwest Consumer Discount Co. (hereafter we, us or ours) on your property located at 574 Gutshall Road, Boiling Springs, Cumberland County, PA per Cumberland County Mortgage Book 1857, Page 753 IS IN SERIOUS DEFAULT because you have not made the monthly payment of $418.20 for the months of February 2008 through and including May 2008. Late charges for the months of February 2008 through May 2008 have also accrued in the amount of $83.64. The total amount now required to cure this default, or in other words, get caught up in your payments, as of June 24, 2008 is $1,756.44. 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 $1,756.44 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 Northwest Consumer Discount Co., 223 Penrose Place, P.O. Box 670, 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 attorney 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 attorney, but you cure the default before he begins legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00 in order to cure the default. 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, in order to cure the default. In order to calculate the amount owing to cure the default, 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 remain in Bankruptcy and thereafter obtain your Bankruptcy discharge, in no event will you ever be personally liable for Attorney fees or costs - reference to such amounts is only being made herein to advise you that such amounts will need to be paid in order to reinstate your account and prevent a mortgage foreclosure sale of your real estate. 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 Sheriffs 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 Sheriffs sale could be held would be approximately October 24, 2008. 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 Sheriffs 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.: 7005 1820 0007 1258 6400 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. 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 June 24, 2008 TO: Linda S. Anderson FROM: Northwest Consumer Discount Co. 12 Earl Street 223 Penrose Place Boiling Springs, PA 17007 P.O. Box 670 Carlisle, PA 17013 Linda S. Anderson 574 Gutshall Road Boiling Springs, PA 17007 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 $1,756.44 as of today's date and is increasing on a daily basis thereafter. That sum includes the following: principal, interest and late charges due for February 2008 through and including May 2008. Your mortgage is also in default for the following reason: N/A You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with the lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of our representative is: Northwest Consumer Discount Co. 223 Penrose Place P.O. Box 670 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): Adams County Interefaith Housing Authority 40 E. High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (888) 511-2227 Community Action Commission Of Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5t' Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 (717) 780-3940 (800) 342-2397 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: 211 North Front Street, P.O. Box 8029, Harrisburg, PA 17105-8029. Telephone Number (717) 780-3800 or (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 Mortgage". 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.: 7005 1820 0007 1258 6394 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. 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 June 24, 2008 TO: Michael S. Anderson FROM: Northwest Consumer Discount Co. 12 Earl Street 223 Penrose Place Boiling Springs, PA 17007 P.O. Box 670 Carlisle, PA 17013 Michael S. Anderson 574 Gutshall Road Boiling Springs, PA 17007 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 $1,756.44 as of today's date and is increasing on a daily basis thereafter. That sum includes the following: principal, interest and late charges due for February 2008 through and including May 2008. Your mortgage is also in default for the following reason: N/A You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with the lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of our representative is: Northwest Consumer Discount Co. 223 Penrose Place P.O. Box 670 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): Adams County Interefaith Housing Authority 40 E. High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (888) 511-2227 Community Action Commission Of Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5' Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 (717) 780-3940 (800) 342-2397 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: 211 North Front Street, P.O. Box 8029, Harrisburg, PA 17105-8029. Telephone Number (717) 780-3800 or (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 Mortgage". 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.: 7005 1820 0007 1258 6400 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. .?? r ?,? ?? ,-; c.? ; `?- -?-? _. ..., .- --??4: ?? Northwest Consumer Discount Company, Plaintiff VS. Michael S. Anderson and Linda S. Anderson, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4975 CIVIL ACTION IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA. RULE OF CIVIL PROCEDURE 3129 TO: ALL PARTIES IN INTEREST AND CLAIMANTS TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held on March 4, 2009, at the Cumberland Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 at 10:00 a.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description attached as Exhibit "A" which mainly consists 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. THE LOCATION of your property to be sold is: 574 Gutshall Road, Boiling Springs, PA 17007. THE JUDGMENT under or pursuant to which your property is being sold is docketed to: 08-4975 in the Cumberland County, Pennsylvania Court of Common Pleas in which the Plaintiff is Northwest Consumer Discount Company located at 223 Penrose Place, Carlisle, PA 17013 (717) 249-0722. The names of the owners or reputed owners of this property are: Michael S. Anderson and Linda S. Anderson. 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 within 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 Cumberland County, Pennsylvania, located in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, (717) 240-6390. 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 or sold or taken to pay the judgment. You may have legal rights to prevent your property from being taken. 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. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (800) 990-9108 or (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland 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 a petition with the same Court if you are aware of a legal defect in the obligation or procedure used against you. 2. After the Sheriffs sale you may file a petition with the Court of Common Pleas of Cumberland 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 petitioners raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for 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 located in the Cumberland County Courthouse at 1 Courthouse Square, Carlisle, Pennsylvania 17013, (717) 240-6200 before presentation of the petition to the Court. YOFFE & YOFFE, P.C. Date: November 7, 2008 By Je e N. Yoffe, sq. Attorney for Plantiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 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. . -? ALL THAT CERTAIN tract of land with improvements thereon situate in Monroe Township Cumberland County, Pennsylvania, bounded and described as follows: Tract No. 1 - BEGINNING at an iron pin, the western side of a public road, at corner of other land of grantor; thence in a westwardly direction along said other land of grantor, a distance of 167 feet to a point (iron pin); thence still along other land of grantor in a northwardly direction a distance of 100 feet to a point (iron pin); thence in an eastwardly direction along land now or formerly of Mervin E. Miller and Florence Miller, a distance of 167 feet to a point (iron pin); in the western side of said public road; thence in a southerly direction along the western side of said public road, a distance of 100 feet to a point, the place of Beginning. Tract No. 2 - Beginning at a point on the western side of Gutshall road (T-632) and at a corner of Tract No. 1 described above; thence along said road south 15 degrees 09 minutes 00 seconds west 25 feet to a point; thence south 84 degrees 45 minutes 00 seconds west 190.60 feet to a stake; thence north 15 degrees 09 minutes 00 seconds east 25 feet to an iron pin at corner of land of Richard E. Miller and Arlene Miller and Tract No. 1 above; thence north 84 degrees 45 minutes 00 seconds east 190.60 feet to place of Beginning. Said description is according to a survey of Harry V. Gouse #2285E dated December 15, 1986. Tract No. 3 - ALL THAT CERTAIN tract or parcel of land, together with any and all improvements thereon erected, situate in the Township of Monroe, County of Cumberland, Pennsylvania, known as Lot No. 2A of the Final Resubdivision Plan of Marian H. Miller, (aka Marion H. Miller) as prepared by John K. Bixler, III, Registered Surveyor, dated August 29, 1989, and Recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book , Page , as follows to wit: BEGINNING at a PK Nail set in Township Route 632, commonly known as Gutshall Road, at corners common with Lot No. 2-B of the aforementioned Resubdivision Plan; thence along said Lot No. 2-B south 87 degrees 48 minutes 40 seconds west a distance of 309.49 feet to an iron pin; thence along lands now or formerly of David E. Davis, et ux, north 13 degrees 30 minutes 00 seconds west, a distance of 27.07 feet to an iron pin; thence along lands now or formerly of Richard E. Miller, north 78 degrees 18 minutes 00 seconds east a distance of 144.89 feet to an iron pin; thence along lands now or formerly of Linda S. Anderson, south 15 degrees 09 minutes 00 seconds west a distance of 25.02 feet to an iron pin; thence along same, north 84 degrees 45 minutes 00 seconds east a distance of 190.62 feet to a PK Nail set in Township Route 632; thence in said Township Route south 14 degrees 27 minutes 00 seconds west a distance of 38.39 feet to a PK Nail, being the place of BEGINNING. Subject to the dedicated right of way along Township Route 632 (Gutshall Road) as set forth in the aforementioned Plan. For title see deed recorded in Cumberland County record book 247 page 992 in the Cumberland County, Pennsylvania Recorder Of Deeds office. EXHIBIT "K WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4975 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff (s) From MICHAEL S. ANDERSON and LINDA S. ANDERSON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $23,580.12 L.L. $.50 Interest from 10/01/08 to 3/04/09 -- $1,061.06 Atty's Comm % Atty Paid $168.58 Plaintiff Paid Date: 11/10/08 (Seal) Due Prothy $2.00 Other Costs to be added C R. Long, Prothonotary By: L . Deputy REQUESTING PARTY: Name: JEFFREY N. YOFFE, ESQUIRE Address: YOFFE & YOFFE, P.C. 214 SENATE AVENUE, SUITE 404 CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-975-1838 Supreme Court ID No. 52933 Northwest Consumer Discount Company, Plaintiff VS. Michael S. Anderson and Linda S. Anderson, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4975 CIVIL ACTION IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE The undersigned certifies that on November 14, 2008 he served a copy of the Notice of Sale attached hereto as Exhibit "1" on the entities listed below at the addresses indicated. Service was accomplished by depositing the same in the United States Mail, First Class, postage prepaid. Certificates of mailing evidencing the mailings are attached as Exhibit "2": Domestic Relations Of Cumberland County 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Beneficial Consumer Discount Company 419 Village Drive, Suite 2 Carlisle, PA 17015-6943 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse Square Carlisle, PA 17013 Commonwealth Of Pennsylvania Department Of Welfare P.O. Box 2675 Harrisburg, PA 17105 PA Department Of Revenue Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 Tenant/Occupant 574 Gutshall Road Boiling Springs, PA 17007 Commonwealth Of Pennsylvania Department Of Public Welfare Estate Recovery Program P.O. Box 8486 Harrisburg, PA 17105-8486 YOFFE & YOFFE, P.C. Date: November 15, 2008 By e ey . Yoffe, sq. Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net EXHIBIT "1" Northwest Consumer Discount Company, Plaintiff VS. Michael S. Anderson and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 084975 Linda S. Anderson, CIVIL ACTION Defendants IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA. RULE OF CIVIL PROCEDURE 3129 TO: ALL PARTIES IN INTEREST AND CLAIMANTS TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held on March 4, 2009, at the Cumberland Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013 at 10:00 a.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description attached as Exhibit "A" which mainly consists 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. THE LOCATION of your property to be sold is: 574 Gutshall Road, Boiling Springs, PA 17007. THE JUDGMENT under or pursuant to which your property is being sold is docketed to: 08-4975 in the Cumberland County, Pennsylvania Court of Common Pleas in which the Plaintiff is Northwest Consumer Discount Company located at 223 Penrose Place, Carlisle, PA 17013 (717) 249-0722. The names of the owners or reputed owners of this property are: Michael S. Anderson and Linda S. Anderson. 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 within 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 Cumberland County, Pennsylvania, located in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, (717) 240-6390. 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 or sold or taken to pay the judgment. You may have legal rights to prevent your property from being taken. 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. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (800) 990-9108 or (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland 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 a petition with the same Court if you are aware of a legal defect in the obligation or procedure used against you. 2. After the Sheriffs sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs deed is delivered. 3. A petition or petitioners raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for 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 located in the Cumberland County Courthouse at I Courthouse Square, Carlisle, Pennsylvania 17013, (717) 240-6200 before presentation of the petition to the Court. YOFFE & YOFFE, P.C. Date: November 7, 2008 By J&P A. 4 J ffre N. Yoff sq. Attorney for Plantiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 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. ALL THAT CERTAIN tract of land with improvements thereon situate in Monroe Township Cumberland County, Pennsylvania, bounded and described as follows: Tract No. 1 - BEGINNING at an iron pin, the western side of a public road, at corner of other land of grantor; thence in a westwardly direction along said other land of grantor, a distance of 167 feet to a point (iron pin); thence still along other land of grantor in a northwardly direction a distance of 100 feet to a point (iron pin); thence in an eastwardly direction along land now or formerly of Mervin E. Miller and Florence Miller, a distance of 167 feet to a point (iron pin); in the western side of said public road; thence in a southerly direction along the western side of said public road, a distance of 100 feet to a point, the place of Beginning. Tract No. 2 - Beginning at a point on the western side of Gutshall road (T-632) and at a corner of Tract No. 1 described above; thence along said road south 15 degrees 09 minutes 00 seconds west 25 feet to a point; thence south 84 degrees 45 minutes 00 seconds west 190.60 feet to a stake; thence north 15 degrees 09 minutes 00 seconds east 25 feet to an iron pin at corner of land of Richard E. Miller and Arlene Miller and Tract No. 1 above; thence north 84 degrees 45 minutes 00 seconds east 190.60 feet to place of Beginning. Said description is according to a survey of Harry V. Gouse #2285E dated December 15, 1986. Tract No. 3 - ALL THAT CERTAIN tract or parcel of land, together with any and all improvements thereon erected, situate in the Township of Monroe, County of Cumberland, Pennsylvania, known as Lot No. 2A of the Final Resubdivision Plan of Marian H. Miller, (aka Marion H. Miller) as prepared by John K. Bixler, 111, Registered Surveyor, dated August 29, 1989, and Recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book , Page , as follows to wit: BEGINNING at a PK Nail set in Township Route 632, commonly known as Gutshall Road, at corners common with Lot No. 2-B of the aforementioned Resubdivision Plan; thence along said Lot No. 2-B south 87 degrees 48 minutes 40 seconds west a distance of 309.49 feet to an iron pin; thence along lands now or formerly of David E. Davis, et ux, north 13 degrees 30 minutes 00 seconds west, a distance of 27.07 feet to an iron pin; thence along lands now or formerly of Richard E. Miller, north 78 degrees 18 minutes 00 seconds east a distance of 144.89 feet to an iron pin; thence along lands now or formerly of Linda S. Anderson, south 15 degrees 09 minutes 00 seconds west a distance of 25.02 feet to an iron pin; thence along same, north 84 degrees 45 minutes 00 seconds east a distance of 190.62 feet to a PK Nail set in Township Route 632; thence in said Township Route south 14 degrees 27 minutes 00 seconds west a distance of 38.39 feet to a PK Nail, being the place of BEGINNING. Subject to the dedicated right of way along Township Route 632 (Gutshall Road) as set forth in the aforementioned Plan. For title see deed recorded in Cumberland County record book 247 page 992 in the Cumberland County, Pennsylvania Recorder Of Deeds office. EXHIBIT "A" EXHIBIT "2" MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Yoffe & Yoffe, P.C. 214 Senate Avenue, Suite 404 (717) 975-1838 One piece of ordinary mail addressed to: 41&-h 13 nbr-w, JAArI",cr S-)YP?t Car i S 6 , Pp, 176x,, PS Form 3817, Mar. 1989 MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From` Yoffe & Yoffe, P.C. 214 Senate Avenue, Suite 404 PA 17 0 1 Camp Hill, (717) 975-1838 One place of ordinary mail) addressed to:w [?t G: T IG Yc(41n1 1Y1?P4tl Ca.r ?13L,Q , ?? 17oi3 ro rorm Otl 1 f, mar. 1959 . P TAL SERVICE TIFICATE-VE M MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Yoffe & Yoffe, P.C. 214 Senate Avenue, Suite 404 (717) 975-1838 - On* place Of ordinary /mail addressed to: 1'?Y1Cii ?rt?l (J.u1Cf1yY1Q?l?Z(i?i•r..1 ? l?u r r; Par?crS - ?y43 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. v- A t? Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. 1 II i - rvnn 36 1 r, mar. Iats9 S. POSTAL SERVICE CERTIFICATE F MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Yoffe & Yoffe, P.C. 214 Senate Avenue, amp ill, PA 17011 (717) j7, .-1838 One piece of ordinary mail addressed to: ?A 6uyzr4vvLrv+- 4 16btfila- _l?l?en?-a,nc? ? I?SV??i6? 1-?a mSb a PA- 1-71-16-N-01 PS Form 3817, Mar. 1989 U.S. POSTAL ERIE CERTIFICATE F MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Yoffe & Yoffe, P.C. 214 Senate Avenue Suite 4()4 Mill, 11 (717) 975-1838 One Piece of ordinary mail address to: Cu1rrvlmwfCLliof I'?tr1v, 1IVcIIe.. L fn Pn+ 'LL 10 yt?P +s?.-re r o. ? x 8?1&rv 1-?rzrr I?u rz , AA 171oS - ? 4? o Form 3817, mar. 1959 U.S. POSTAL AT F MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: YOffe & Yoffe, P.C. 214 Senate Avenue, Suite 404 (717) 975-1838 One plats of ordinary mail addressed to: ?m cs11 LPG N17 '->? C7 nn cu it)GX1 icl. Lea-?kir?ment o? We A.f e .0V. 60'>(Qv15 r 1 1???L i ep, S Form 3817, Mar. 1989 Affix fee here in stamps or motor postage and post mark. Inquire of Postmaster for current ree.1 % Affix fee here in stamps or motor postage and post mark. Inquire of Postmaster for current fee. - ? zi A*Liz r Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. 4_1 Xf 'S?! U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Recsived From: Yoffe & Yoffie, P.C. 214 Senate Avenue, su_te dn4 Camp Hill, PA 17011 (717,) _875 1 w8 One piece of ordinary mail addressed to: j?wwi+ 101 cc?? L? ,ilinc, S?nrx?c. Pa 17b,7 90 PS Form 3817, Mar. 1989 f ? ? r l 71 «{ f? 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 Sheriffs Deed in which GEORGE E BECK & JUDY M BECK is the grantee the same having been sold to said grantee on the 4TH day of MACH A.D., 2009, under and by virtue of a writ Execution issued on the 10TH day of NOV, A.D., 2008. out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 4975, at the suit of NORTHWEST CONSUMER DISC CO against MICHAEL S ANDERSON & LINDA S ANDERSON is duly recorded as Instrument Number 200913040. IN TESTIMONY WHEREOF, I have her unto set my hand and seal of said office this day of A.D. 7 n 1 ? 1\ of Deeds A .ds, Ck lw1 c-o ,our;y, Cadislo, PA h* Cwd"m E*m to Fiat Monday of Jan. 2010 Nor hWest Consumer Discount Company In The Court of Common Pleas of VS Cumberland County, Pennsylvania {Michael S. Anderson and Linda S. Writ No. 2008-4975 Civil Term Anderson Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that on November 20, 2008 at 1125 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Michael S. Anderson and Linda S. Anderson, by making known unto Linda Anderson personally and adult in charge for Michael Anderson, at 12 Earl Street, Boiling Springs, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 16, 2009 at 1515 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael S. Anderson and Linda S. Anderson located at 574 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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 the within named defendants, to wit: Michael S. Anderson and Linda S. Anderson, by regular mail to their last known address of 12 Earl Street, Boiling Springs, PA 17007. These letters were mailed under the date of January 9, 2009 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, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 4, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $38,500.00 to George E. Beck and Judy M. Beck, of 584 Gutshall Road, Boiling Springs, PA 17007, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 42,030.26 Sheriffs Costs: Docketing $30.00 Poundage 770.00 Posting Bills 45.00 Advertising 45.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 9.00 Levy 45.00 Surcharge 50.00 Post Pone Sale Law Journal 617.00 Patriot News 574.97 Share of Bills . 15.52 Distribution of Proceeds 25.00 Sheriff s Deed 49.50 $2,336.49 So Answers: R. Thomas Kline, S eriff By Real Estate Coordinator fink' a a0 bopA 5v l } al Ct! L? C-? w ? CZ3 ? c C;J SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriff s Sale No. 47 held March 4, 2009 EFFECTIVE DATE: March 10, 2009 PREMISES: 574 Gutshall Road, Monroe Township, Cumberland County, Pennsylvania, Tax Parcel No. 22-31-2173-008 (the "Premises") RECITAL: Being the same premises which Michael S. Anderson and Linda S. Anderson, husband and wife by their Deed dated and recorded July 1, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 247, Page 992, granted and conveyed unto Michael S. Anderson and Linda S. Anderson, husband and wife. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2009. 20. Mortgage in the amount of $28,570.00 from Michael S. Anderson and Linda S. Anderson, to Northwest Consumer Discount Company dated March 19, 2004 and recorded March 23, 2004 in Mortgage Book 1857, Page 4753. -2- 21. Mortgage in the amount of $9,017.18 from Michael S. Anderson and Linda S. Anderson, to Northwest Consumer Discount Company dated January 5, 2005 and recorded January 10, 2005 in Mortgage Book 1894, Page 27. 22. Mortgage in the amount of $30,000.00 from Michael S. Anderson and Linda S. Anderson, to Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania dated February 8, 2007 and recorded February 20, 2007 in Mortgage Book 1982, Page 3423. 23. Judgment against Michael S. Anderson and Linda S. Anderson in favor of Northwest Consumer Discount Company entered October 3, 2008 in the amount of $23,580.12 to No. 2008-4975 with respect to the mortgage identified as item 20, above. 24. Delinquent taxes due the Tax Claim Bureau in the amount of $969.63 together with any accrued interest or penalties due thereon. 25. Subject to all building setback lines, easements, notes, conditions, restrictions and all other matters appearing in the survey set forth in Deed Book "A", Volume 33, Page 560. 26. Subject to the right-of-way agreement recorded in Miscellaneous Book 360, Page 572, and Miscellaneous Book 180, Page 970. 27. Subject to the dedicated right-of-way noted in Deed Book 247, Page 992. 28. Subject to the rights of others in and to any portion of the Premises within or adjoining Gutshall Road. 29. Subject to all building setback lines, easements, notes, conditions, restrictions and all other matters appearing on the Final Resubdivision Plan of Marian H. Miller dated August 29, 1989 and recorded in Plan Book 59, Page 80. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: I Keith O. Brenneman -3- REAL ESTATE SALE NO. 47 Writ No. 2008-4975 Civil Northwest Consumer Discount Company vs. Michael S. Anderson and Linda S. Anderson Atty.: Jeffrey Yoffe ALL THAT CERTAIN tract of land with improvements thereon situate in Monroe Township Cumberland County, Pennsylvania, bounded and described as follows: Tract No. 1-BEGINNING at an iron pin, the western side of a public road, at corner of other land of grant- or; thence in a westwardly direction along said other land of grantor, a distance of 167 feet to a point (iron pin); thence still along other land of grantor in a northwardly direction a distance of 100 feet to a point (iron pin); thence in an eastwardly direc- tion along land now or formerly of Mervin E. Miller and Florence Miller, a distance of 167 feet to a point (iron pin); in the western side of said public road; thence in a southerly direction along the western side of said public road, a distance of 100 feet to a point, the place of Beginning. Tract No. 2-Beginning at a point on the western side of Gutshall road (T-632) and at a corner of Tract No. 1 described above; thence along said road south 15 degrees 09 minutes 00 seconds west 25 feet to a point: thence south 84 degrees 45 minutes 00 seconds west 190.60 feet to a stake; thence north 15 degrees 09 minutes 00 seconds east 25 feet to an iron pin at corner of land of Richard E. Miller and Arlene Miller and Tract No. 1 above; thence north 84 degrees 45 minutes 00 seconds east 190.60 feet to place of Beginning. Said description is according to a survey of Harry V. Gouse #2285E dated December 15, 1986. Tract No. 3-ALL THAT CERTAIN tract or parcel of land, together with any and all improvements thereon erected, situate in the Township of Monroe, County of Cumberland, Pennsylvania, known as Lot No. 2A of the Final Resubdivision Plan of Mar- ian H. Miller, (aka Marion H. Miller) as prepared by John K. Bixler, III, Registered Surveyor, dated August 29, 1989, and. Recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book _, Page _, as follows to wit: BEGINNING at a PK Nail set in Township Route 632, commonly known as Gutshall Road, at corners common with Lot No. 2-B of the aforementioned Resubdivision Plan; thence along said Lot No. 2-B south 87 degrees 48 minutes 40 seconds west a distance of 309.49 feet to an iron pin; thence along lands now or formerly of David E. Davis. et ux, north 13 degrees 30 minutes 00 sec- onds west, a distance of 27.07 feet to an iron pin; thence along lands now or formerly of Richard E. Miller, north 78 degrees 18 minutes 00 seconds cast a distance of 144.89 feet to an iron pin; thence along lands now or formerly of Linda S. Anderson, south 15 degrees 09 minutes 00 seconds west a distance of 25.02 feet to an iron pin; thence along same, north 84 degrees 45 minutes 00 seconds east a distance of 190.62 feet to a PK Nail set in Township Route 632; thence in said Township Route south 14 degrees 27 minutes 00 seconds west a distance of 38.39 feet to a PK Nail, being the place of BEGINNING. Subject to the dedicated right of way along Township Route 632 (Gutshall Road) as set forth in the aforementioned Plan. For title see deed recorded in Cumberland County record book 347 oaec 992 in the Cumberland County, Pennsylvania Recorder O Deeds offict. EXHIBIT A Northwest Consumer Discount Company, Plaintiff vs. Michael S. Anderson and Linda S. Anderson, Defendants ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4975 CIVIL ACTION 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 574 Gutshall Road, Boiling Springs, PA 17007, per further description attached hereto as Exhibit "A": 1. Name and address of owner(s) or reputed owner (s): NAME: ADDRESS: Michael S. Anderson Linda S. Anderson 12 Earl Street Boiling Springs, PA 17007 2. Name and address of defendant (s) in the judgment: NAME: ADDRESS: Michael S. Anderson Linda S. Anderson 12 Earl Street Boiling Springs, PA 17007 3. Name and address of every judgement creditor whose judgment is a record lien on the real estate to be sold: NAME: ADDRESS: None. 4. Name and address of the last recorded holder of every mortgage of record: NAME: ADDRESS: Northwest Consumer Discount Company 223 Penrose Place Carlisle, PA 17013 Beneficial Consumer Discount Company 419 Village Drive, Suite 2 Carlisle, PA 17015-6943 5. Name and address of every other person who has any record lien on the property: ADDRESS Cumberland County Tax Claim Bureau 1 Courthouse Square Old 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: 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: ADDRESS Domestic Relations Of Cumberland County 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Tenant/Occupant PA Department Of Revenue Inheritance Tax Division Commonwealth Of Pennsylvania Department Of Welfare Commonwealth Of Pennsylvania Department Of Public Welfare Estate Recovery Program 574 Gutshall Road Boiling Springs, PA 17007 Department 280601 Harrisburg, PA 17128-0601 P.O. Box 2675 Harrisburg, PA 17105 P.O. Box 8486 Harrisburg, PA 17105-8486 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. YOFFE & YOFFE, P.C. Date: lI /-717-000 By 04,61-A 14 effrey . Yoffe, sq. Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jvoffe(d?verizon. net ALL THAT CERTAIN tract of land with improvements thereon situate in Monroe Township Cumberland County, Pennsylvania, bounded and described as follows: Tract No. 1 - BEGINNING at an iron pin, the western side of a public road, at corner of other land of grantor; thence in a westwardly direction along said other land of grantor, a distance of 167 feet to a point (iron pin); thence still along other land of grantor in a northwardly direction a distance of 100 feet to a point (iron pin); thence in an eastwardly direction along land now or formerly of Mervin E. Miller and Florence Miller, a distance of 167 feet to a point (iron pin); in the western side of said public road; thence in a southerly direction along the western side of said public road, a distance of 100 feet to a point, the place of Beginning. Tract No. 2 - Beginning at a point on the western side of Gutshall road (T-632) and at a corner of Tract No. 1 described above; thence along said road south 15 degrees 09 minutes 00 seconds west 25 feet to a point; thence south 84 degrees 45 minutes 00 seconds west 190.60 feet to a stake; thence north 15 degrees 09 minutes 00 seconds east 25 feet to an iron pin at corner of land of Richard E. Miller and Arlene Miller and Tract No. 1 above; thence north 84 degrees 45 minutes 00 seconds east 190.60 feet to place of Beginning. Said description is according to a survey of Harry V. Gouse #2285E dated December 15, 1986. Tract No. 3 - ALL THAT CERTAIN tract or parcel of land, together with any and all improvements thereon erected, situate in the Township of Monroe, County of Cumberland, Pennsylvania, known as Lot No. 2A of the Final Resubdivision Plan of Marian H. Miller, (aka Marion H. Miller) as prepared by John K. Bixler, III, Registered Surveyor, dated August 29, 1989, and Recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book , Page , as follows to wit: BEGINNING at a PK Nail set in Township Route 632, commonly known as Gutshall Road, at corners common with Lot No. 2-B of the aforementioned Resubdivision Plan; thence along said Lot No. 2-13 south 87 degrees 48 minutes 40 seconds west a distance of 309.49 feet to an iron pin; thence along lands now or formerly of David E. Davis, et ux, north 13 degrees 30 minutes 00 seconds west, a distance of 27.07 feet to an iron pin; thence along lands now or formerly of Richard E. Miller, north 78 degrees 18 minutes 00 seconds east a distance of 144.89 feet to an iron pin; thence along lands now or formerly of Linda S. Anderson, south 15 degrees 09 minutes 00 seconds west a distance of 25.02 feet to an iron pin; thence along same, north 84 degrees 45 minutes 00 seconds east a distance of 190.62 feet to a PK Nail set in Township Route 632; thence in said Township Route south 14 degrees 27 minutes 00 seconds west a distance of 38.39 feet to a PK Nail, being the place of BEGINNING. Subject to the dedicated right of way along Township Route 632 (Gutshall Road) as set forth in the aforementioned Plan. For title see deed recorded in Cumberland County record book 247 page 992 in the Cumberland County, Pennsylvania Recorder Of Deeds office. EXHIBIT "A" a Northwest Consumer Discount Company, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4975 Michael S. Anderson and Linda S. Anderson, CIVIL ACTION Defendants IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA. RULE OF CIVIL PROCEDURE 3129 TO: ALL PARTIES IN INTEREST AND CLAIMANTS TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held on March 4, 2009, at the Cumberland Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 at 10:00 a.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description attached as Exhibit "A" which mainly consists 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. THE LOCATION of your property to be sold is: 574 Gutshall Road, Boiling Springs, PA 17007. THE JUDGMENT under or pursuant to which your property is being sold is docketed to: 084975 in the Cumberland County, Pennsylvania Court of Common Pleas in which the Plaintiff is Northwest Consumer Discount Company located at 223 Penrose Place, Carlisle, PA 17013 (717) 249-0722. The names of the owners or reputed owners of this property are: Michael S. Anderson and Linda S. Anderson. 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 within 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 Cumberland County, Pennsylvania, located in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, (717) 240-6390. 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 or sold or taken to pay the judgment. You may have legal rights to prevent your property from being taken. 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. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (800) 990-9108 or (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland 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 a petition with the same Court if you are aware of a legal defect in the obligation or procedure used against you. 2. After the Sheriffs sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs deed is delivered. 3. A petition or petitioners raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for 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 located in the Cumberland County Courthouse at 1 Courthouse Square, Carlisle, Pennsylvania 17013, (717) 240-6200 before presentation of the petition to the Court. YOFFE & YOFFE, P.C. Date: November 7, 2008 By All? , A , 4 Jeffr e . Yoffie, sq. Attorney for Plantiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 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. ti ALL THAT CERTAIN tract of land with .:improvements thereon situate in Monroe Township Cumberland County, Pennsylvania, bounded and described as follows: Tract No. 1 - BEGINNING at an iron pin, the western side of a public road, at corner of other land of grantor; thence in a westwardly direction along said other land of grantor, a distance of 167 feet to a point (iron pin); thence still along other land of grantor in a northwardly direction a distance of 100 feet to a point (iron pin); thence in an eastwardly direction along land now or formerly of Mervin E. Miller and Florence Miller, a distance of 167 feet to a point (iron pin); in the western side of said public road; thence in a southerly direction along the western side of said public road, a distance of 100 feet to a point, the place of Beginning. Tract No. 2 - Beginning at a point on the western side of Gutshall road (T-632) and at a corner of Tract No. 1 described above; thence along said road south 15 degrees 09 minutes 00 seconds west 25 feet to a point; thence south 84 degrees 45 minutes 00 seconds west 190.60 feet to a stake; thence north 15 degrees 09 minutes 00 seconds east 25 feet to an iron pin at corner of land of Richard E. Miller and Arlene Miller and Tract No. 1 above; thence north 84 degrees 45 minutes 00 seconds east 190.60 feet to place of Beginning. Said description is according to a survey of Harry V. Gouse #2285E dated December 15, 1986. Tract No. 3 - ALL THAT CERTAIN tract or parcel of land, together with any and all improvements thereon erected, situate in the Township of Monroe, County of Cumberland, Pennsylvania, known as Lot No. 2A of the Final Resubdivision Plan of Marian H. Miller, (aka Marion H. Miller) as prepared by John K. Bixler, III, Registered Surveyor, dated August 29, 1989, and Recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book , Page , as follows to wit: BEGINNING at a PK Nail set in Township Route 632, commonly known as Gutshall Road, at corners common with Lot No. 2-B of the aforementioned Resubdivision Plan; thence along said Lot No. 2-B south 87 degrees 48 minutes 40 seconds west a distance of 309.49 feet to an iron pin; thence along lands now or formerly of David E. Davis, et ux, north 13 degrees 30 minutes 00 seconds west, a distance of 27.07 feet to an iron pin; thence along lands now or formerly of Richard E. Miller, north 78 degrees 18 minutes 00 seconds east a distance of 144.89 feet to an iron pin; thence along lands now or formerly of Linda S. Anderson, south 15 degrees 09 minutes 00 seconds west a distance of 25.02 feet to an iron pin; thence along same, north 84 degrees 45 minutes 00 seconds east a distance of 190.62 feet to a PK Nail set in Township Route 632; thence in said Township Route south 14 degrees 27 minutes 00 seconds west a distance of 38.39 feet to a PK Nail, being the place of BEGINNING. Subject to the dedicated right of way along Township Route 632 (Gutshall Road) as set forth in the aforementioned Plan. For title see deed recorded in Cumberland County record book 247 page 992 in the Cumberland County, Pennsylvania Recorder Of Deeds office. EXHIBIT "A" • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-4975 Civil COUNTY OF CUMBERLAND) r CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff (s) From MICHAEL S. ANDERSON and LINDA S. ANDERSON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $23,580.12 Interest from 10/01/08 to 3/04/09 -- $1,061.06 Atty's Comm % Atty Paid $168.58 Plaintiff Paid Date: 11/10/08 (Seal) REQUESTING PARTY: Name: JEFFREY N. YOFFE, ESQUIRE Address: YOFFE & YOFFE, P.C. 214 SENATE AVENUE, SUITE 404 CAMP HILL, PA 17011 Attorney for: PLAINTIFF L.L. $.50 Due Prothy $2.00 Other Costs to be added Curb R. Long, Prothonotary By: ? Deputy Telephone: 717-975-1838 Supreme Court ID No. 52933 Real Estate Sale #47 On November 19, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as 574 Gutshall Road, Boiling Springs more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 19, 2008 By: F ©J"3 Real Estate Sergeant £Z :€ d Z I AON SOOT JJN3HS 3H ?' i ?Jl311J PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : G' Lisa Marie Coyne, 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: January 30, February 6, and February 13, 2009 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. isa Marie Covi(e. Editor SWORN TO AND SUBSCRIBED before me this 13 day of February 13, 2009 C-Z? Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY MY Commission Expires Apr 28, 2010 JIiML l W&M d" NO. 47 Writ No. 2008-4975 Civil Northwest Consumer Discount Company VS. Michael S. Anderson and Linda S. Anderson Atty.: Jeffrey Yoffe ALL THAT CERTAIN tract of land with improvements thereon situate in Monroe Township Cumberland County, Pennsylvania, bounded and described as follows: Tract No. 1-BEGINNING at an r iron pin, the western side of a public road, at corner of other land of grant- or; thence in a westwardly direction, along said other land of grantor, a distance of 167 feet to a point (iron pin); thence still along other land of In a nor'#? * dkwlku a ` of 100 feet to a V-WrWW- " in On tiM aft% land now or hrftW?y of, No it. Maw n2d Floreanoe WAer, a dice of 167 feet to a point (iron pin); in the western side of said-public road; thence in a southerly direction along the western side of said public road, a distance of 100 feet to a point, the place of Beginning. Tract No. 2-Beginning at a point on the western side of Gutshall road (T-632) and at a corner of Tract No. 1 described above; thence along said' road south 15 degrees 09 minutes 00 seconds west 25 feet to a point; thence south 84 degrees 45 minutes 00 seconds west 190.60 feet to a stake; thence north 15 degrees 09 minutes 00 seconds east 25 feet to an iron pin at corner of land of Richard' E. Miller and Arlene Miller and Tract No. 1 above; thence north 84 degrees 45 minutes 00 seconds east 190.60 feet to place of Beginning. Said description is according to a survey of Harry V. Gouse #2285E dated December 15, 1986. Tract No. 3-ALL THAT CERTAIN tract or parcel of land, together with any and all improvements thereon erected, situate in the Township of Monroe, County of Cumberland,' Pennsylvania, known as Lot No. 2A of the Final Resubdivision Plan of Mar- ; ian H. Miller, (aka Marion H. Miller) as prepared by John K. Bixler, III, C-' Registered Surveyor, dated August 29, 1989, and Recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book _, Page as follows to wit: BEGINNING at a PK Nail set in Township Route 632, commonly t known as Gutshall Road, at corners'? common with Lot No. 2-B of the aforementioned Resubdivision Plan; thence along said Lot No. 2-B south 87 degrees 48 minutes 40 seconds west a distance of 309.49 feet to an iron pin; thence along lands now or formerly of David E. Davis, et ux, north 13 degrees 30 minutes 00 sec- ` onds west, a distance of27.07'kottb an iron pin; thence aWng lards now or formerly of Rwhwd E. nath 78 degrees 18 minutes 00 seconds east a distance of 144.89 feet to an iron pin; thence along lands now or formerly of Linda S. Anderson, south 15 degrees 09 minutes 00 seconds west a distance of 25.02 feet to an iron pin; thence along same, north 84 degrees 45 minutes 00 seconds east a distance of 190.62 feet to a PK Nail set in Township Route 632; thence in said Township Route south 14 degrees 27 minutes 00 seconds west a distance of 38.39 feet to a PK Nail, being the place of BEGINNING. Subject to the dedicated right of way along Township Route 632 (Gutshall Road) as set forth in the aforementioned Plan. For title see deed recorded in Cumberland County record book 247 page 992 in the Cumberland County, Pennsylvania Recorder Of Deeds office. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 The ?latriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, 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 daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. 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 the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY REAL ESTATE SALE NO. 47 Writ No. 2008-4975 Civil Term Northwest Consumer Discount Company VS Michael S. Anderson and Linda S. Anderson Attorney Jeffrey Yoffe LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with improvements thereon situate in Monroe - Township Cumberland County, Pennsylvania, bounded and described as follows: Tract No.l - BEGINNING at an iron pin, the western side of a public road, at comer of other land of grantor; thence in a westwardly direction along said other land of grantor, a distance of 167 feet to a point (iron pin); thence still along other land of grantor in a northwardly direction a distance of 100 feet to a point (iron pin); thence in an eastwardly direction along land now or formerly of Memn E. Miller and Hor ace, Miller, a distance of 167 feet to a point (iron pin); in the western side of said public road; thence in a southerly direction along the western side of said public road, a distance of 100 feet to a point. the place of Beginning. This ad ran on the date(s) shown below: 01/21/09 01/28/09 02104(09 Sworn to an ubsciribed before me this 25 day of February, 2009 A.D. Notary Public Sherrie 1 •z;ts ±s cat< ry Public City Of Harris - ;;phin County My Ccimmissior + L ies Nov. 26, 20111 Member, Pennsyl?r;; cJation of Notaries ?Beginning at a point on the western side of Gutshall road (T-632) and at a comer of Tract No.t described above; thence along said road south 15 degrees 09 minutes 00 seconds west 25 feet to a point; thence south 84 degrees 45 minutes 00 seconds west 190.60 feet to a stake; thence north 15 degrees 09 minutes 00 seconds east 25 feet to an iron pin at comer of land of Richard E. Miller and Arlene Miller and Tract No. 1 above; thence north 84 degrees 45 minutes 00 seconds east 190.60 feet to place of Beginning. Said description is according to a survey of Harry V. Gouse #2285E dated December 15, 1986. Tract No.3 - ALL THAT CERTAIN tract or parcel of land, together with any and all improvements thereon erected, situate in the Township of'vfonroe, County of Cumberland, Pennsylvania, known as Lot No. 2A of the Final Resubdivision Plan of Marian H. Miller, (aka Marion H. Miller) as prepared by John K. Bixler, 111. Registered Surveyor, dated August 29, 1989, and Recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book Page as follows to wit: BEGINNING at a PK Nail set in Township Route 632, commonly known as Gutshall Road, at comers common with Lot No. 2-B of the aforementioned Resubdivision Plan; thence along said Lot No. 2-B south 87 degrees 48 minutes 40 seconds west a distance of 309.49 feet to an iron pin; thence along lands now or formerly of David. E. Davis, et ux, north 13 degrees 30 minutes 00 seconds west, a distance of 27.07 feet to an iron pin; thence along lands now or formerly of Richard E. Miller, north 78 degrees 18 minutes 00 seconds east a distance of 144.89 feet to an iron pin; thence along lands now or formerly of Linda S. Anderson, south t5 degrees 09 minutes 00 seconds west a distance of 25.02 feet to an iron pin; thence along same.. north 84 degrees 45 minutes 00 seconds east a distanceof 190.62 feet to a PK Nail set in Township Route 632; thence in said Township Route south 14 degrees 27 minutes 00 seconds west a distance of 38.39 feet to a PK Nail, being the place of BEGINNING. Subject to the dedicated right of way along Township Route 632 (Gutshall Road) as set forth in the aforementioned Plan. For title see deed recorded in Cumberland 'ounty record book 247 page 992 in the Cumberland County, Pennsylvania Recorder Of P?eeds office.