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HomeMy WebLinkAbout06-6794THOMAS I. PULEO, LLC By: Thomas I. Puleo, Esquire Identification No. 27615 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC 7159 Corklan Drive Jacksonville, Florida 32258 V. :No. CHG. - (?7Q ?l v iC. ROBERT A. MYERS 140 Glendale Street Carlisle, PA 17013 and CATHY J. MYERS, his wife 107 Forge Road Boiling Springs, PA 17007 CIVIL ACTION - 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 ajudgment 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes pagioas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. 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. ST 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 CUALIFICAN. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff, ABN AMRO MORTGAGE GROUP, INC., is a corporation organized and existing under laws of the State of Delaware with offices at 7159 Corklan Drive, Jacksonville, Florida. 2. Defendants, ROBERT A. MYERS and CATHY J. MYERS, his wife, are the mortgagors and real owners of premises 211 West Springville Road, Township of South Middleton, Cumberland County, Pennsylvania, hereinafter described, whose last known address is as stated above. 3. On the 12`h day of November, 2003, the above named mortgagors made, executed and delivered a mortgage upon premises hereinafter described to American Mortgage Inc., which mortgage is recorded in the Office of the Recorder of Deeds for Cumberland County in Mortgage Book 1846 page 2387. 4. The premises subject to the said mortgage is described in Exhibit "A" attached hereto and made a part hereof. 5. The mortgage secures defendants' certain Note dated the same as the mortgage in the amount of $132,949.00 payable in monthly installments with interest at the rate of 6.5% per annum. A copy of the said Note is attached hereto, made a part hereof and marked Exhibit "B". 6. On the 12`h day of November, 2003, the said mortgage was assigned to plaintiff, ABN AMRO MORTGAGE GROUP, INC., by written assignment which is recorded in the Office of the Recorder of Deeds for Cumberland County in Assignment of Mortgage Book 704 page 1399. 7. The mortgage is in default because the defendants have failed to make the payment of the monthly installment of principal and interest in accordance with the terms of the mortgage for June 1, 2006, and each month thereafter, up to and including the present time. 8. The following amounts are due on the mortgage: -1- SHERIFF'S RETURN - REGULAR CASE NO: 2006-06794 P Amended COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS MYERS ROBERT A ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MYERS ROBERT A the DEFENDANT , at 1540:00 HOURS, on the 25th day of January-, 2007 at 140 GLENDALE STREET CARLISLE, PA 17013 by handing to ROBERT A MYERS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Amended Sheriff's Costs: Docketing 18.00 Service 8.80 Postage .39 Surcharge 10.00 So Answers: R. Thomas Kline 37.19? 01/26/2007 I-31-07 THOMAS PULEO Sworn and Subscibed to By: l before me this day Deputy eriff of , A. D. Principal $129,185.84 Interest at 6.5% per annum from 5/1/06 thru 9/30/06 ($23.01 per diem) 3,520.53 Late charges accrued thru 9/30/06 ($41.84/month) 167.36 Escrow deficit (taxes and insurance) ($205.55/month) 822.20 Attorney's fee (5%) 6,459.29 Title information certificate 325.00 Total $140,480.22 9. The said mortgage is not a residential mortgage as defined by Pennsylvania Act No. 6 of 1974, and hence, no notice of intention to foreclose is required by the said Act. 10. The aforesaid mortgage is insured under Title II of the National Housing Act, and therefore, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, plaintiff demands judgment in the sum of $140,480.22 plus interest, late charges, escrow advances and costs to the date of judgment and foreclosure of the said mortgage. r THOMAS I. P EO Attorney for P aintiff -2- V CORNERSTONE SEARCH AND ABSTRACT, INC. 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-4205 - Phone (610) 941-4323 - Fax Record Owner and Lien Certificate Date Issued: November 2, 2006 Cover Date: October 4, 2006 No. 06-1062 Client No. 9617-ABN Property Address: 211 West Springville Road, Boiling Springs, PA 17007 South Middleton Township; Cumberland County The information contained in this report is issued to and for the benefit of ABN AMRO Mortgage Group, Inc. We have searched and examined the lien records of Cumberland County, Pennsylvania, for the property described as: ALL THAT CERTAIN lot of ground situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the south side of Springville Road, T-537, at the northwest corner of Lot No. 4 of the hereinafter mentioned Subdivision Plan; thence by said Lot No. 4 South 15 degrees East 150 feet to a point; thence by land of John P. McCoy et al., South 75 degrees West 100 feet to a point; thence by Lot No. 2 of said Subdivision Plan North 15 degrees West 150 feet to a point on the south side of said Road; thence by the south side of said Road North 75 degrees East 100 feet to a point, the place of beginning, containing 15,000 square feet, more or less. It being Lot No. 3 of the Final Subdivision Plan for John P. McCoy et al., as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 38, Page 9. Commonly known as: 211 West Springville Road, Boiling Springs, PA 17007. EXHIBIT A - Page 2 of 4 Record Owner and Lien Certificate No. 06-1062 RECORD OWNER: BEING the same premises which Michael N. Jones, Sr. and Devona K. Jones, his wife, by deed dated 11/1/90 and recorded 11/7/90 in Deed Book W-34, Page 49, in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, granted and conveyed unto Robert A. Myers and Cathy J. Myers, his wife, in fee. We found the following items of record that effect the equity of the premises for the period searched: REAL ESTATE TAXES 1. Tax Receipts for the last three years to be produced and filed with the Company. 2. Current Assessment: $103,290.00 3. Parcel ID #: 40-28-2098-029 4. Taxes for the current year 2006 to be produced and filed with the Company. MORTGAGES 1. AMOUNT: $132,949.00 FROM: Robert A. Myers and Cathy J. Myers TO: Mortgage Electronic Registration Systems, In. ("MERS"), as nominee for American Mortgage, Inc., 1010 Haddonfield-Berlin Road, Cherry Hill, NJ 08034 DATED: 11/12/03 RECORDED: 11/26/03 BOOK: 1846 PAGE: 2387 ASSIGNED TO: ABN AMRO Mortgage Group, Inc., no address provided on Assignment DATED: 11/12/03 RECORDED: 11/26/03 BOOK: 704 PAGE: 1399 JUDGMENTS: (None) MECHANIC'S AND MUNICIPAL CLAIMS: (None) Page 3 of 4 Record Owner and Lien Certificate No. 06-1062 BANKRUPTCIES: A PACER Search of the Middle District of Pennsylvania for the name "Robert A. Myers", with the Social Security Number ending with the numbers 7544, and the name "Cathy J. Myers", with the Social Security Number ending with the numbers 0273 revealed that a Chapter 7 Bankruptcy was filed on 09/30/06 at Case Number 06-02165-MDF. ADDITIONAL REQUIREMENTS: 1. Pending divorce - Robert A. Myers v. Cathy J. Myers, Case No. 2005-04705, filed September 9, 2005. EXCEPTIONS: 1. Notwithstanding the recitation of acreage contained in Schedule A hereof, nothing herein contained shall be construed as a guarantee of the accuracy of the computation of such acreage or square footage. 2. Unrecorded easements, discrepancies, or conflicts in the boundary lines, shortage in area, and encroachments which an accurate display would disclose. 3. Subject to the Zoning and Subdivision Ordinances of the Municipality. 4. Covenants, conditions, agreements, and restrictions as in Plan Book 38, Page 9 incorporating the following: a. 35 foot front building setback line b. 15 foot side building setback line c. 15 foot rear building setback line d. Other notes thereon 5. Rights granted to United Telephone Company as set forth in Misc. Book 215, Page 115. 6. Rights granted to Met Ed as set forth in Misc. Book 368, Page 963 and Misc. Book 56, page 545. 7. Rights granted to UGI Corporation as set forth in Misc. Book 196, Page 999. Page 4 of 4 Record Owner and Lien Certificate No. 06-1062 This report is not a commitment to insure and therefore does not contain the requirements and exceptions which would appear in a commitment to insure or the exceptions which would appear in a title policy. This report does NOT reflect unindexed or misindexed matters or any unrecorded or off record matters that may affect said land or any matters recorded after October 4, 2006. The status or validity of title to the subject premises may be affected by matters disclosed by survey, rights of parties in possession and other items not found or record and not certified hereon. Therefore, the Applicant is cautioned against using this Certificate as a basis for consummating a real estate transaction, until this Certificate is converted into a Title Report, Binder or Commitment at which time additional exceptions and settlement requirements will be added. If conversion is made within six (6) months from the date hereof, credit will be allowed against the fee heretofore paid. The maximum liability assumed hereunder is $2,000.00. CORNERSTONE SEARCH AND ABSTRACT, INC. By: Authorized Signature LOAN 8: 641875791 NOTE CASE #s 441-7395754 - MIN: 100153801000145577 NOVEMBER 12, 2003 BOILING SPRINGS PENNSYLVANIA [Date] [City] [State] 211 WEST SPRINGVILLE ROAD, TOWNSHIP OF SOUTH MIDDLETON, PA 17007 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means AMERICAN MORTGAGE INC and its successors and assigns. 2. BORROWER'S PROMISE TO PAY, INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of ONE HUNDRED THIRTY-TWO THOUSAND NINE HUNDRED FORTY-NINE AND 00/100 Dollars (U.S. $ 132, 949.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of SIX AND ONE-HALF percent( 6.500 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrurnent." That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the 1ST day of each month beginning on JANUARY, 2004 . Any principal and interest remaining on the 1ST day of DECEMBER, 2033 , will be due on that date, which is called the "Maturity Date". (B) Place Payment shall be made at 1010 HADDONFIELD -BERLIN ROAD, CHERRY HILL, NJ 08034 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of $ 840.33 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] ? Graduated Payment Allonge ? Growing Equity Allonge ? Other [Specify) 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If DOCUFFAI . pre' I of I FHA Multistate Fixed Rate Note « IL01 Domml.wx 04/01/7003 ¦ EXHIBIT B • 641975791 Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless ' Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent( 4.000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorney's fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower 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 Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by fist class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. DOCLTFA2 Page 2 of 3 FHA Multistate Fixed Rate Note - 12101 DOCUFM-VTZ 64/01/2007 ' • 0875791 9. 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 Note, 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. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. CA?0' 11to o ? ZORRO - ROBER . MYBRS - DATE - 11,d 1,13 B R - ATHY J. MYERS - D ,..,!IIHOUT RcCJJRSE PAY TO THE ORDFAR OF: CAI mum Mwim ti LIF 84 q?;)rR{C '+! ?r OriTGAGc, INC. ? ?? [Sign Original Only) n0CUFFA3 Page 3 of 3 D0e0I1L3.YT1t 04/01/1003 FHA Multistate Fixed Rate Note - 12/01 VERIFICATION Jimmie Edwards hereby states that he is%ACfg President of ABN AMRO Mortgage Group, Inc., the plaintiff, or servicing agent for plaintiff, in this matter; that he is authorized to take this Verification; and that the statements made in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements made therein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. DATE: Ammie Edwards Vice President r.a m co' apt V OC13 LAW OFFICES OF THOMAS I. PULED, LLC 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC., Plaintiff V. NO. 06-6794 ROBERT A. MYERS and CATHY J. MYERS, Defendant PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter for service upon defendants. THOMAS I. P O, ESQUIRE Attomey for Plaintiff a M TI - I , s co ce THOMAS I. PULEO, LLC By: Thomas I. Puleo, Esquire Identification No. 27615 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC. V. : No. 06-6794 Civil Term ROBERT A. MYERS and CATHY J. MYERS, his wife PRAECIPE FOR JUDGMENT Enter judgment in favor of the Plaintiff and against the Defendant(s) for want of an answer and assess damages as follows: Principal Interest from 5/1/06 to 3/2/07 Late charges accrued thru 3/2/07 Escrow deficit (taxes and insurance) Attorney's fee (5%) Title information certificate $129,185.84 7,041.06 376.56 2,055.50 6,459.29 325.00 Total $145,443.25 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe copy of the ce is attached. Pa.R.C.P.. 237.1 A ` r tflOMAS 1. IVULEO, ESQUIRE Attorney for Plaintiff AND NOW !-L.`dC2G?i?-4p , 2007, Judgment is entered in favor of plaintiff and against defendants and damages assessed as per the above certifica ion. Prothonotary 1??/ THOMAS I. PULED, LLC By: Thomas I. Puleo, Esquire Identification No. 27615 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC. V. ROBERT A. MYERS and CATHY J. MYERS, his wife To: Ms. Cathy J. Myers 107 Forge Road Boiling Springs, PA 17007 Date of Notice: February 15, 2007 : No. 06-6794 Civil Term NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT UNDER Pa.R.C.P.237.1 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY AND OTHER IMPORTANT RIGHTS. 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 AVISO IMPORTANTE A: Ms. Cathy J. Myers 107 Forge Road Boiling Springs, PA 17007 FECHA DEL AVISO: February 15, 2007 USTED ESTA EN REBELDIA PORQUE 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 INMEDIATEMENTE. 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. St USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER 1NFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 OMAS I. PULEO Attorney for Plaintiff THOMAS I. PULEO, LLC By: Thomas I. Puleo, Esquire Identification No. 27615 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC V. ROBERT A. MYERS and CATHY J. MYERS, his wife To: Mr. Robert A. Myers 140 Glendale Street Carlisle, PA 17013 Date of Notice: February 15, 2007 : No. 06-6794 Civil Term NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT UNDER Pa.R.C.P.237.1 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY AND OTHER IMPORTANT RIGHTS. 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 j A it AVISO IMPORTANTE A: Mr. Robert A. Myers 140 Glendale Street Carlisle, PA 17013 FECHA DEL AVISO: February 15, 2007 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO 0 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 INMEDIATEMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 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 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 THOMAS I. PULEO Attorney for Plaintiff l TT t 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP, COURT OF COMMON PLEAS INC., Plaintiff, NO. 06-6794 Civil Term V. ROBERT A. MYERS and CATHY J. MYERS, his wife, Defendant(s). PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: AMOUNT DUE INTEREST FROM 3/3/07 @ $23.91 per diem $145,443.25 COSTS TO BE ADDED TH AS I. PULE, ESQUIRE Attorney for Plaintiff ? W tr ? ? v1 y It- ti '?, 1 1 Z? 1 ?? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6794 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From ROBERT A. MYERS AND CATHY J. MYERS, HIS WIFE (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 $145,443.25 Interest FROM 3/3/07 @ $23.91 PER DIEM Atty's Comm % Atty Paid $204.39 Plaintiff Paid Date: MARCH 6, 2007 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs i4M6 741 C is R. Long, Pr a By: Deputy REQUESTING PARTY: Name THOMAS I. PULEO, ESQUIRE Address: 660 SENTRY PARKWAY, SUITE 210 BLUE BELL, PA 19422 Attorney for: PLAINTIFF Telephone: 610-941-3600 Supreme Court ID No. 27615 THOMAS I. PULED, LLC By: Thomas I. Puleo, Esquire Identification No. 27615 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC. V. : No. 06-6794 Civil Term ROBERT A. MYERS and CATHY J. MYERS, his wife AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY SS. THOMAS I. PULED, being duly sworn according to law deposes and says that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended; That Robert A. Myers is over 21 years of age, resides at 140 Glendale Street, Carlisle, Pennsylvania, and is employed by/as unknown. That Cathy J. Myers is over 21 years of age, resides at 107 Forge Road, Boiling Springs, Pennsylvania, and is employed by/as unknown. TfIOMAS I. P EO Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 15th DAY OF February, 2007. OTARY PUBLIC X KANE. Notary Pt Twp.. MontgonPry ?? tt ? -, s ? .y ?., ? ? -???.? ••?'° ' t'l?t ?? .^^' ?'_i ,r*, P i ... THOMAS I. PULEO, LLC 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC., Plaintiff V. ROBERT A. MYERS and CATHY J. MYERS, his wife, Defendant NO. 06-6794 Civil Term AFFIDAVIT UNDER PA. RCP RULE 3129 THOMAS I. PULED, attorney for Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 211 West Springville Road, South Middleton Township, Cumberland County, Boiling Springs, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of each Owner and/or Reputed Owner: Robert A.Myers Cathy J. Myers 140 Glendale Street 107 Forge Road Carlisle, PA 17013 Boiling Springs, PA 17007 2. Name and address of each Defendant named in the judgment: Robert A. Myers Cathy J. Myers 140 Glendale Street 107 Forge Road Carlisle, PA 17013 Boiling Springs, PA 17007 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None. 4. Name and address of the last recorded holder of every mortgage of record: ABN AMRO Mortgage Group, Inc., Plaintiff 7159 Corklan Drive Jacksonville, FL 32258 5. Name and address of every other person or entity which has any record lien on the property: None. 6. Name and. address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations Commonwealth of PA 13 N. Hanover Street Department of Public Welfare Carlisle, PA 17013 P. O. Box 2675 Harrisburg, PA 17105 7. Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: February 26,, 2007 A1HOMAS. P EO, ESQUIRE Attorney for Plaintiff THOMAS I. PULED, LLC 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC., Plaintiff V. ROBERT A. MYERS and CATHY J. MYERS, his wife, Defendant NO. 06-6794 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Robert A. Myers 140 Glendale Street Carlisle, PA 17013 Cathy J. Myers 107 Forge Road Boiling Springs, PA 17007 Your house at 211 West Springville Road, City of South Middleton Townhip, Cumberland County, is scheduled to be sold by the Cumberland County Sheriff s Department to enforce the Court judgment of $145,443.25 obtained by Plaintiff ABN AMRO Mortgage Group, Inc. against you. The Sheriffs Sale will be conducted on Wednesday, June 13, 2007, at 10:00 A.M., Cumberland County Courthouse, 2nd Floor, Commissioner's Hearing Room, Carlisle, Pennsylvania. - NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. This sale will be canceled if you pay to ABN AMRO Mortgage Group, Inc. the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call (610) 941-3600. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the Judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriff s Department at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount bid in the sale. To find out if this has happened, you may call the Cumberland County Sheriffs Department at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale had never happened. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days from the date of Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 ALL THAT CERTAIN lot of ground situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the south side of Springville Road, T-537, at the northwest corner of Lot No. 4 of the hereinafter mentioned Subdivision Plan; thence by said Lot No. 4 South 15 degrees East 150 feet to a point; thence by land of John P. McCoy et al., South 75 degrees West 100 feet to a point; thence by Lot No. 2 of said Subdivision Plan North 15 degrees West 150 feet to a point on the south side of said Road; thence by the south side of said Road North 75 degrees East 100 feet to a point, the place of beginning, containing 15,000 square feet, more or less. It being Lot No. 3 of the Final Subdivision Plan for John P. McCoy et al., as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 38, Page 9. Commonly known as: 211 West Springville Road, Boiling Springs, PA 17007. C) In r - ! ?`1 J THOMAS I. PULED, LLC 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC., Plaintiff V. NO. 06-6794 Civil Term ROBERT A. MYERS and CATHY J. MYERS, his wife, Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Robert A. Myers 140 Glendale Street Carlisle, PA 17013 Cathy J. Myers 107 Forge Road Boiling Springs, PA 17007 Your house at 211 West Springville Road, City of South Middleton Townhip, Cumberland County, is scheduled to be sold by the Cumberland County Sheriffs Department to enforce the Court judgment of $145,443.25 obtained by Plaintiff ABN AMRO Mortgage Group, Inc. against you. The Sheriffs Sale will be conducted on Wednesday, June 13, 2007, at 10:00 A.M., Cumberland County Courthouse, 2nd Floor, Commissioner's Hearing Room, Carlisle, Pennsylvania. - NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. This sale will be canceled if you pay to ABN AMRO Mortgage Group, Inc. the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call (610) 941-3600. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the Judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. IV 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriff s Department at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount bid in the sale. To find out if this has happened, you may call the Cumberland County Sheriffs Department at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale had never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days from the date of Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the, distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 ALL THAT CERTAIN lot of ground situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the south side of Springville Road, T-537, at the northwest comer of Lot No. 4 of the hereinafter mentioned Subdivision Plan; thence by said Lot No. 4 South 15 degrees East 150 feet to a point; thence by land of John P. McCoy et al., South 75 degrees West 100 feet to a point; thence by Lot No. 2 of said Subdivision Plan North 15 degrees West 150 feet to a point on the south side of said Road; thence by the south side of said Road North 75 degrees East 100 feet to a point, the place of beginning, containing 15,000 square feet, more or less. It being Lot No. 3 of the Final Subdivision Plan for John P. McCoy et al., as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 38, Page 9. Commonly known as: 211 West Springville Road, Boiling Springs, PA 17007. i - •7 v ., I l THOMAS I. PULEO, LLC 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC., Plaintiff V. ROBERT A. MYERS and CATHY J. MYERS, his wife, Defendant NO. 06-6794 Civil Term SUPPLEMENTAL AFFIDAVIT UNDER PA. RCP RULE 3129 THOMAS I. PULED, attorney for Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 211 West Springville Road, South Middleton Township, Cumberland County, Boiling Springs, Pennsylvania, was true and correct to the best of its knowledge, information and belief. Name and address of each Owner and/or Reputed Owner: Robert A. Myers Cathy J. Myers 140 Glendale Street 107 Forge Road Carlisle, PA 17013 Boiling Springs, PA 17007 2. Name and address of each Defendant named in the judgment: Robert A. Myers Cathy J. Myers 140 Glendale Street 107 Forge Road Carlisle, PA 17013 Boiling Springs, PA 17007 3 4 5 6 7. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Washington Mutual Finance Cumberland County Adult Probation 1217 Market Street 1 Courthouse Square Lemoyne, PA 17043 Carlisle, PA 17013-3387 Name and address of the last recorded holder of every mortgage of record: ABN AMRO Mortgage Group, Inc., Plaintiff 7159 Corklan Drive Jacksonville, FL 32258 Name and address of every other person or entity which has any record lien on the property: None. Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations Commonwealth of PA 13 N. Hanover Street Department of Public Welfare Carlisle, FA 17013 P. O. Box 2675 Harrisburg, PA 17105 Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: March 22, 2007 "///, THOMAS I. PULED, SQUIRE Attorney for Plaintiff C? r-? ` ? ? ?: . ? -r: .w; ? . ?, ?;., ?*? ..? *-=' 4, ? _ t ?. >- _ -} S. THOMAS I. PULEO, LLC 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC., Plaintiff V. ROBERT A. MYERS and CATHY J. MYERS, his wife, Defendant NO. 06-6794 Civil Term AFFIDAVIT OF SERVICE I, Tabitha Wilson, Paralegal to Thomas I. Puleo, Esquire, attorney for plaintiff, being duly sworn according to law, deposes and says that he mailed by ordinary mail a Notice of ale pursuant to Pa.R.C.P 3129.2 upon the persons listed below on the.4e, day ofr007 as evidenced by the U.S. Postal Service Certificate of Mailing (Form 3817), which is attached hereto as Exhibit "A": Washington Mutual Finance 1217 Market Street Lemoyne, _PA 17043 Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 Tabitha Wilson, Pa ale al to Thomas I. Puleo SWORN TO AND SUBSCRIBED BEFF7 ME C AZ 1 2007. OTARY PUBLIC NOTARIAL SEA1.- LISA A. KANE, Notary PW Whitpain Twp.. Montgorr" ! w U.S. POSTAL SERVICE UEK 11HUA 1 t Ut' MAILIN? or meter postage andY? -, nncg NOT post mark. Inquire of MAY ! Postmaster for current PRO\ LAW OFFICES fee. R THOMASI. PULEO,LLC 660 SENTRY PARKWAY, SUITE 210 < 9 BLUE BELL, PA 19422 - POSTAGE IRST-CLASS 4 WM006174148 19422 One piece of ordinary mail addressed to: ?' f,,, f .T• .h a PS Form 3817, J nuary01 CEKI IPIUAI t UI• MAILII4ta or meter postage and U.S. POSTAL SERVICE post mark. Inquire of Postmaster for current MAY B' fee PROV LAW OFFICES Yr r? j y4 Rr THOMAS L PULEO, LLB`. l } o QQ M. 660 SENTRY PARKWAY, SUITE OSTAGE BLUE BELL, PA 19422 7, 62 00061714148 194422 u,? ,,I•Iu? ?Y_'*G ? • ¦ { • _ O piece of ordinary mail addres ed to, PSPS F?17, JaWary 2001 IrTi CA> L ". ID SHERIFF'S RETURN - REGULAR CASE NO: 2006-06794 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS MYERS ROBERT A ET AL SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MYERS CATHY J the ... «w DEFENDANT at 2038:00 HOURS, on the 21st day of December 2006 at 107 FORGE ROAD BOILING SPRINGS, PA 17007 by handing to CATHY MYERS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof Sheriff's Costs: Docketing 6.00 Service 4.40 Affidavit .00 Surcharge 10.00 .00 1114/67, ? 20.40 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 12/26/2006 THOMAS PULEO By: 1, Deputy Sheriff A. D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-06794 P COMMONWEALTH OF PENNSYLVANIA -? COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS dw MYERS ROBERT A ET AL , R. Thomas Kline Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: MYERS ROBERT A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT MYERS ROBERT A ,.r. 140 GLENDALE STREET CARLISLE, PA 17013 DEFENDANT STATED THAT HE FILED BANKRUPTCY. HIS ATTORNEY IS PHILIP BRIGANTI Sheriff's Costs: ;So answers: Docketing 18.00 Service 4.40 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County ??32.40 THOMAS PULEO 12/26/2006 Sworn and Subscribed to before me this day of , -0 ?1 A.D.I SHERIFF'S RETURN - NOT SERVED CASE'-NO: 2006-06794 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS MYERS ROBERT A ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: MYERS ROBERT A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , MYERS ROBERT A 140 GLENDALE STREET CARLISLE, PA 17013 DEFENDANT FILED BANKRUPTCY ATTORNEY IS PHIL BRIGANTI 717-243-9400. Sheriff's Costs: So answ Docketing 18.00 Service 4.40 .' Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 ,l/qlo 7 -j2.40 THOMAS PULEO 01/12/2007 Sworn and Subscribed to before me this day of , A. D. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 SUITE 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 Attorney for Plaintiff ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 Plaintiff VS. ROBERT A. MYERS CATHY J. MYERS Mortgagor(s) and Record owner(s) 211 West Springville Road Boiling Springs, PA 17007 Defendant(s) ENTRY OF APPEARANCE TO THE PROTHONOTARY: No. 06-6794 Kindly enter my appearance on behalf of the Plaintiff in the above-captioned matter. GOLDBECK BY: CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE & MCKEEVER JR., ESQUIRE NOTICE As of April 2, 2007, Thomas I. Puleo, Esquire has joined the firm of Goldbeck McCafferty & McKeever in their Philadelphia office. Mr. Puleo's contact information is as follows: Suite 5000, Mellon Independence Center 701 Market Street Philadelphia, PA 19106 Main Phone (215) 627-1322 Direct Phone (215) 825-6309 Direct Fax (215) 825-6409 Email: Tpuleoagoldbecklaw.com IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 2 ' ? ww 11 m : .may C-n td GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. A?omey I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ABNPUL-0084 CF: 11/28/2006 SD: 06/13/2007 $145,443.25 ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 Plaintiff VS. ROBERT A. MYERS CATHY J. MYERS Mortgagor(s) and Record Owner(s) 211 West Springville Road Boiling Springs, PA 17007 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. Term CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that s Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sheriffs Office/cORVE1C.7t adn?t (copy of return al ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return rec ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defend (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return a ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receip Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mail The undersigned understands that the statements herein are subject to the penalties Section 4904. ph'A. for P on the attached). of record s) for Certified any) has been attached). by 18 P.S. Jr. ABN Amro Mortgage Group, Inc. In the Court of Common Pl as of VS Cumberland County, Pennsylvania Robert A. Myers and Cathy J. Myers Writ No. 2006-6794 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 22, 2007 at 1439 hours, he served a true copy of the within Real Estate Writ, No ice and Description, in the above entitled action, upon the within named defendant to wi : Robert A. Myers, by making known unto Robert A. Myers, personally, at 140 Glendale St eet, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to im personally the said true and correct copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on March 22, 2007 at 1825 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Cathy J. Myers, by making known unto Cathy Myers, personally, at 107 Forge Road, Boiling Sp 'ngs, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1359 hours, he posted a true copy of the within Real Estate Writ, N ice, Poster and Description, in the above entitled action, upon the property of Robert A. Myers and Cathy J. Myers, located at 211 West Springville Road, Boiling Springs, Cumberland County, Pe sylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, state' he served the above Real Estate Writ, Notice, Poster and Description in the following mannerThe Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Robert A. Myers and Cathy J. Myers, by regular mail to their last known addresses of 140' Glendale Street, Carlisle, PA 17013 and 107 Forge Road, Boiling Springs PA 17007, respective) . These letters were mailed under the date of April 5, 2007 and never returned to the Sheriffs Office. SO) w I'S R. Thomas Kline, Sheriff BY\G Real Estate D uty oft L9, o & , , c S ?NOf •O CAN ? OQ 44 N pp ? rQ I } ? Np Q 1 N O I ce ???? O to w RIU r O 7U;j 7 wL X W ???? ao a$ 0 ?= a L E 80 ? 00a.8 am'=n a?I W a ?x ?vo°Y JM co?F,W- Jo CE V-: w z M? W C ? U 3 0 5 r oc ti " Mis .SM f? W3? a-J ? a F-Nm m N r U } S ? $? Q D CL w <c ti co L4 O oil L6 C m a T ix GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Aurney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, FL 32058 Plaintiff vs. ROBERT A. MYERS CATHY J. MYERS Mortgagor(s) and Record Owner(s) 211 West Springville Road Boiling Springs, PA 17007 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. Term ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by its attorney, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following infc property located at: 211 West Springville Road Boiling Springs, PA 17007 1.Name and address of Owner(s) or Reputed Owner(s): ROBERT A. MYERS 140 Glendale Street Carlisle, PA 17013 CATHY J. MYERS 107 Forge Road Boiling Springs, PA 17007 2. Name and address of Defendant(s) in the judgment: ROBERT A. MYERS 140 Glendale Street Carlisle, PA 17013 IN THE COURT OF CO MON PLEAS of Cumberland ounty CIVIL ACTIO - LAW ACTION OF MOR FORECLOSURE A. Goldbeck, Jr., concerning the real CATHY J. MYERS 107 Forge Road Boiling Springs, PA 17007 3. Name and last known address of every judgment creditor whose judgment is a record lien on the DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support ] Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013 Washington Mutual Finance 1217 Market Street Lemoyne, PA 17043 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record J which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest) may be affected by the sale. TENANTS/OCCUPANTS 211 West Springville Road Boiling Springs, PA 17007 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my perso information and belief. I understand that false statements herein are made subject to the penalties of relating to unswom falsification to authorities. DATED: May 16, 2007 GOLIpBF.CK MdCAFFERTY & T BY: J h A. Goldbeck, Jr., Esq. Attorney for Plaintiff to be sold: and whose interest in the property the property which al knowledge or Pa. C.S. Section 4904 ?--i?: ? C !. ? _ ,-t '? . -r( 7 C.J ;_ i" .?.-- ('y'?i - (`•,? t 4.? • ,(r' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ABN AMRO Mtg Group Inc is the grantee the same having been sold to said grantee on the 13th day of June A.D., 2007, under and by virtue of a writ Execution issued on the 6th day of March, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 6794, at the suit of ABN AMRO Mtg Group Inc against Robert A Myers & Cathy J is duly recorded in Deed Book No. 281, Page 48. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _ day of A.D. d 6e of Deeds %MOW d tked% Cumberland Ca". Celle, PA * Cunt MM E*m ft Fret Monday of JUL 2010 ABN Amro Mortgage Group, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Robert A. Myers and Cathy J. Myers Writ No. 2006-6794 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 22, 2007 at 1439 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Robert A. Myers, by making known unto Robert A. Myers, personally, at 140 Glendale Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on March 22, 2007 at 1825 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Cathy J. Myers, by making known unto Cathy Myers, personally, at 107 Forge Road, 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. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1359 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 Robert A. Myers and Cathy J. Myers, located at 211 West Springville 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: Robert A. Myers and Cathy J. Myers, by regular mail to their last known addresses of 140 Glendale Street, Carlisle, PA 17013 and 107 Forge Road, Boiling Springs PA 17007, respectively. These letters were mailed under the date of April 5, 2007 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 June 13, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck, on behalf of ABN AMRO Mortgage Group, Inc. It being the highest bid and best price received for the same, ABN AMRO Mortgage Group, Inc., of 7159 Corklan Drive, Jacksonville, FL 32058, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $898.55. Sheriffs Costs: Docketing $30.00 Poundage 17.62 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 14.40 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed 266.36 16.17 25.00 39.50 $ 898.55 ? ?,, S?bY?o1 So 'Agflr-e R. Thomas Kline, Sheriff BY 14, MMIL $ -A G.? Ap QIO- c? ?9Q 2u- 41 THOMAS I. PULEO, LLC 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC., Plaintiff V. ROBERT A. MYERS and CATHY J. MYERS, his wife, Defendant NO. 06-6794 Civil Term AFFIDAVIT UNDER PA. RCP RULE 3129 THOMAS I. PULEO, attorney for Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 211 West Springville Road, South Middleton Township, Cumberland County, Boiling Springs, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of each Owner and/or Reputed Owner: Robert A. ;Myers Cathy J. Myers 140 Glendale Street 107 Forge Road Carlisle, PA 17013 Boiling Springs, PA 17007 2. Name and address of each Defendant named in the judgment: Robert A. Myers Cathy J. Myers 140 Glendale Street 107 Forge Road Carlisle, PA 17013 Boiling Springs, PA 17007 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None. W 4. Name and address of the last recorded holder of every mortgage of record: ABN AMRO Mortgage Group, Inc., Plaintiff 7159 Corklan Drive Jacksonville, FL 32258 5. Name and address of every other person or entity which has any record lien on the property: None. 6. Name and: address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations Commonwealth of PA 13 N. Hanover Street Department of Public Welfare Carlisle, PA 17013 P. O. Box 2675 Harrisburg, PA 17105 7. Name and:address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: February 20, 2007 AMAS I. P EO, ESQUIRE Attorney for Plaintiff 0 THOMAS I. PULED, LLC 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC., Plaintiff V. NO. 06-6794 Civil Term ROBERT A. MYERS and CATHY J. MYERS, his wife, Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Robert A. Myers Cathy J. Myers 140 Glendale Street 107 Forge Road Carlisle, PA 17013 Boiling Springs, PA 17007 Your house at 211 West Springville Road, City of South Middleton Townhip, Cumberland County, is scheduled to be sold by the Cumberland County Sheriffs Department to enforce the Court judgment of $145,443.25 obtained by Plaintiff ABN AMRO Mortgage Group, Inc. against you. The Sheriffs Sale will be conducted on Wednesday, June 13, 2007, at 10:00 A.M., Cumberland County Courthouse, 2nd Floor, Commissioner's Hearing Room, Carlisle, Pennsylvania. NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. This sale will be canceled if you pay to ABN AMRO Mortgage Group, Inc. the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call (610) 941-3600. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the Judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. e You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriffs Department at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount bid in the sale. To find out if this has happened, you may call the Cumberland County Sheriffs Department at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale had never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days from the date of Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 r ALL THAT CERTAIN lot of ground situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the south side of Springville Road, T-537, at the northwest corner of Lot No. 4 of the hereinafter mentioned Subdivision Plan; thence by said Lot No. 4 South 15 degrees East 150 feet to a point; thence by land of John P. McCoy et al., South 75 degrees West 100 feet to a point; thence by Lot No. 2 of said Subdivision Plan North 15 degrees West 150 feet to a point on the south side of said Road; thence by the south side of said Road North 75 degrees East 100 feet to a point, the place of beginning, containing 15,000 square feet, more or less. It being Lot No. 3 of the Final Subdivision Plan for John P. McCoy et al., as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 38, Page 9. Commonly known as: 211 West Springville Road, Boiling Springs, PA 17007. i WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6794 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From ROBERT A. MYERS AND CATHY J. MYERS, HIS WIFE (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 $145,443.25 L.L. $.50 Interest FROM 3/3/07 @ $23.91 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $204.39 Other Costs Plaintiff Paid Date: MARCH 6, 2007 (Seal) - &V&7z Curti R. Long, P onota By: Deputy REQUESTING PARTY: Name THOMAS I. PULEO, ESQUIRE Address: 660 SENTRY PARKWAY, SUITE 210 BLUE BELL, PA 19422 Attorney for: PLAINTIFF Telephone: 610-941-3600 Supreme Court ID No. 27615 Real Estate Sale # 91 On March 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 211 West Springville Road, p Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 15, 2007 By: bj,q smig, Real Estate Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. 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: April 20, 27, May 4, 2007 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. r sa Marie Coyn ditor SWORN TO AND SUBSCRIBED before me this 4 day of May, 2007 NOTAf?':A SEAL " LOT E. SNYDER, Notary Public G 3 Goro, Cun,bsrland County REAL NOTATE BALE NO. 91 Writ No. 2006-6794 Civil ABN Amro Mortgage Group, Inc. vs. Robert A. Myers and Cathy J. Myers Atty.: Thomas Puleo ALL THAT CERTAIN lot of ground situate in South Middleton Town- ship, Cumberland County, Pennsyl- vania, bounded and described as follows: BEGINNING at a point on the south side of Springville Road, T- 537, at the northwest comer of Lot No. 4 of the hereinafter mentioned Subdivision Plan; thence by said Lot No. 4 South 15 degrees East 150 feet to a point; thence by land of John P. McCoy et al., South 75 de- grees West 100 feet to a point; thence by Lot No. 2 of said Subdivi- sion Plan North 15 degrees West 150 feet to a point on the south side of said Road; thence by the south side of said Road North 75 degrees East 100 feet to a point, the place of be- ginning, containing 15,000 square feet, more or less. It being Lot No. 3 of the Final Subdivision Plan for John P. McCoy et al., as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 38, Page 9. Commonly known as: 211 West Springville Road, Boiling Springs, PA 17007. 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. 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 SALE#91 "11:11t .. ), - - A .......................... Sworn to and subscribed /1? N ARY Notarial Seal Terry L. Russell, Notary Public ty Of Harrisburg, Dauphin County Commission Expires June 6, 2010 Association of Notaries CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013