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HomeMy WebLinkAbout94-01229 ~ E: - - . - 2: John H. Billman , vs Thomas Myers and Queena Myers In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 1229 Civil Term, 1994 Real Estate Writ R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Letter is hereto attached from attorney. Sheriff's Costs: Docketing Poundage Law Library County Mileage Surcharge Postpone Sale 22.00 171.44 .50 1.00 11. 76 6.00 7.00 219.70 Pd. by Atty. 9-19-94 969.70 219.70 $750.00 STAYED 9-19-94 Advance Costs Sheriff Costs Refund to Atty THIS WRIT IS RETURNED Sworn and subscribed to before me So ao?~",,<~ R. Thomas Kline, Sheriff this,5t:Y day of CAfiL~ 1994./o,.D.~..<. C' )IL/~._. .~. rothonotary . by /2 i! /1( l Ut('(ltJ;; v<,I'"!-J'}....L eputy ,~ \' (,/~ 73)' 'f Ku- /(, 'i s' <' "- ... f- ob . n :. " HAROLD "IRWIN, I I I Hl!ATHeR A. MOORe ,.~ LAW OFFIces HAROLD S. IRWIN, III ATTORNEY.AT.LAW 38 SOUTH PITT STREET CARUSLE, PENNSYLVANIA 17013 717.243-8080 717.Z43-IIZOO ,.~ ( September 16,1994 SHERIFF COURTHOUSE ONE COURTHOUSE AVE CARLISLE PA 17013 RE: Billman vs, Myen 1219 CIVIL 1994 Foreclosure Dear Audrey: Thomas and Queena Myers were in today to payoff the amount due in this matter, Enclosed is check to the order of the Sheriff for $219,70, representing the costs you wrote down for them, plus poundage of$171.44 on the total amount of $8,572,00 that 1 collected, I assume that you will be refunding to me the costs advanced by Mr, Billman, This matter can now be satisfied and removed from the December sale list. Si cerely, Harold S. Irwin, III hsi . .., AFFIDAVIT PURSUANT '[Q RULE 3129 HAROLD S. IRWIN, Uf, allomey for the plaintiff in the above action, sets forth as of the date of the praecipe for the writ of execution was filed the following infonnation concerning the real property located at 257 Neil Road, Shippensburg, Cumberland County, PA 17257: 1, Name and adress of owner{s) or reputed owner{s): Name: Address: A lohn H, Billman (Legal Owner) R.D, #4 Newville, PA 17241 B, Thomas Myers Queena Myers 257 Neil Road Shippensburg, PA 17257 2. Name and address of defendant{s) in thejudgment: Name: Address: A, Thomas Myers Queena Myers 257 Neil Road Shippensburg, PA 17257 J. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address: A, lohn H, Billman R.D, #4 Newville, PA 17241 1/. Name and address of the last recorded holder of el'el)' mortgage of record: Name: Address: A, None (., : ,'" 5. Name and address of eve", otller person who has any interest in or record lien on the property and whose interest ilia)' be affected b)' the sale: Name: Address: None 6. Nallle and address of el'el)' otller person of wllom the plaintif! has knowledge who has any interest in the property wllich lIIay be affected by the sale: Name: Address: None I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or infonnation and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa,C,S, Section 4904 relating to unsworn falsification to authorities, J("" 1-; ,~,J U, 1993 IRWIN, IRWIN & McKNIGHT , tJ'l -L'> l-<C'.t~ By: Harold S, Irwin, ill Attorney for plaintiff 60 West Pomftet Street Carlisle, P A 17013 (717) 249-2353 f~ Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION - LAW : NO.I229 CML 1994 JOHN H, BILLMAN, vs, THOMAS MYERS and QUEENA MYERS, his wife, Defendants . . . . : IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF SAI.E OF REAl, PROPERTY PURSUANT TO PENNSYIYANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the sherifl's sale of real property (real estate) will be held on September 7, 1994, in the COMMISSIONERS' HEARING ROOM, CUMBERLAND COUNTY COURTHOUSE. CARLISLE, PENNSYLVANIA, at 10:00 A,M" prevailing local time, THE PROPERTY TO BE SOLD IS described in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land, (SEE DESCRIPTION ATTACHED), THE LOCA nON OF THE PROPERTY TO BE SOLD IS: 257 Neil Road Shippensburg PA 17257 THE JUDGMENT under or pursuant to which the property is being sold is docketed to: 1229 CIVIL 1994 THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY IS: John H. Billman (Legal Owners) Thomas Myers and Queena Myers (Equitable Owners) 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 (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 days of the date it is filed, Infonnation about the schedule of distribution may be obtained from the sheriff of the Court of Common Pleas of Cumberland County, Courthouse, Carlisle, PA, ~ PAPER IS A NOTICE.QE TilE TIME AliI! PLACE OF:I:!!E SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you, It may cause your property to be 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, lfyou wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO .QB TELEPHONE :I:!!E OFFICE SET FORTH BELOW IQ FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 :I:!!E LEGAL RIGHTS YOU MAY HAVE A.!Yd I. 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 ofa legal defect in the obligation or the 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, The petition must be filed before the sheriffs deed is delivered, 3, A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the court's regularly scheduled business sessions. The petition must be served on the attorney for the creditor or on the creditor at least two (2) business days 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, Cumberland County Courthouse, Carlisle, Pennsylvania, before presentation the petition to the court, A copy of the writ of execution is attached hereto, ALL that certain tract of land situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the centerline of Cleversburg Road at the corner of Lot No. 8 on plan for John H. Billman; thence along the centerline of Cleversburg Road, North 2l degrees 30 minutes 14 seconds West 85.00 feet to a point; thence along other lands of John H. Blllman, 'North 68 degrees 29 minutes 46 seconds East 170.00 feet to a point at other lands of John H. Billman; thence along the latt~r, South 21 degrees 30 minutes l4 seconds East 85.00 feet to a point at Lot No.8; thence along Lot No.8, South 68 degrees 29 minutes 46 seconds West 170.00 feet to a point, the Place of BEGINNING. CONTAINING 14,450 square feet and being Lot No. 7 as Dhown" on the P1a r W 1 n 0 a nut Orovc recorded 1n the orr1cc or the Recorder of Deeds for Cumberland County in Plan Book lIl, Page 59. WRIT OF EXEX:l1I'ION and/or ATTJIOH'NI' ca-M>/IMEAL'lll OF PENNSYLVANIA) COUNl'Y OF ClMBERLAND ) No, 1229 CIVIL 19 94 CIVIL ACTION - LAW TO THE SHERIFF OF Cunberland COUNI'Y : To satisfy the debt, interest and costs due John H. Billman PLAINTIFF( S) from ThcmBs Myers Bnd Oueenl'l MyerR 257 N"n RnRtl. !';hipp<>nRhllrg, p" _ 17257 DEFENDANT(S) (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/are enjoined from paying any debt to or for the account of the defendant ( s) and from delivering any property of the defendant(s) or otherwise disposing thereof: (3) If property of the defendant ( s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to noti~y himVher that he/she has been added as a garnishee and is enjoined as above stated. lvrDunt D.Je $ 7 ,613.44 lT~tmsrnnum until date of payment Atty's Comm % 500.00 Atty Paid 105.76 Plaintiff Paid L.L. D.Je Prothy Other Costs 0.50 1.00 $ DATE: June 28, 1994 Lawrence E. Welker Prothonotary, Civil Division by: (J...)', - (;1 "'h,,(,',~ Deputy REQUESTING PARTY: IRWIN, IRWIN & McKNIGHT Name Harold S. lliWin, III Address: 60 W. Panfret Street Cl'lr1;R1". P". 17013 Attorney for: Plaintiff Telephone: (717) 249-2353 Suprerre Court 10 No. . ' REAL ESTATE SALE No , -~ re n (iil re · :, ~~j if If U l!!lLS On r .;t'i ,I 'i'1 y the sheriff levied upon th8 d8fendants In&8rest In the real prop8rty situated in .2vndJ(t "'6' tr.... ~"1,1" Cumberland County, Pa.. knewn 2nd numbered as: ~!j7 /1,,1 iLl, .AP'ir ' and morc hilly :1,;CCli~~cj on E.'(l1ii:lit "A" filed with this writ and by this relcrer!cc incorporated herein. Date: t, -;J.fl - 1''' By:(Jii':/I~~ \~' I" ~""r I 1 ..'. "or . /, I'll ,~. ,;.3(} ;: .~ ' .... PlalntllT : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 1229 CIVIL 1994 JOHN H. BILLMAN, VS. THOMAS MYERS and QUEENA MYERS, his wife, Defendant : IN FORECLOSURE PRAECIPE TO SATISFY JUDGMENT NOTE TO: PROTHONOTARY Please satisfY the above-captioned judment against THOMAS MYERS and QUEENA MYERS, his wife, September 21,1994 ~ HAROLD S. IRWIN, I Attorney for Plain tilT 36 South Pitt Street Carlisle PA 17013 717-243-6090 Supreme Court ID No, 29920 ":I" en . ::r= ..,.. at .... >-... "'>- .(r. 1- ,4f l4. t '). :r ~~~:":, ... .', ~t \, ;~. ..... .... ..... c.n "f:;,~ ;1', .L t" _) 4...<:.. ,., SHERIFF'S RE'l'lJRN Cl:M>1ONWEI\L'I11 OF PENNSYLVANIA, COUNl'Y OF CLt>lBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 1229 Civil Term 1994 Complaint in Mortgage Foreclosure and Notice John H. Billmi'ln VS Thomas Myers and Queena Myers, his wife William Di..hl , ~~lClX" Deputy Sheriff of Cunberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within Complaint in Mortaaqe Foreclosure and Notice upon Thom"R MY"TR [" Oll....na Myers ,the defendant, at 7: 30 0' clock p .M. EST / If:Jeli'R, on the 24 day of , 19l1at March '''7 Npil Rn"n, !;hipp..nRhllrg , CUmberland County, Pennsylvania, by handing to Thomas Myers, defendant and husband of ~IPpn" MYPTS, acc..pt..d hath conies a true and attested copy of the Comnlaint in Mortqaqe Foreclosure and Notice and at the same time directing attention to the contents thereof and his the "Notice to Plead" endorsed thereon, Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: ~~~/~ 16.00 11.76 R. Thomas Kline, Sheriff 4.00 33.76 Pd. by Atty. 3-25-94 bY~! Sworn and subscribed to before me this ,;t; g. day of lilt. <<-loJ 19 ql( A.D, , ~JIM.I t- c.. ) k.J!u..... ,1..0,.;1;, . i , 17 Prothonotary ". JOHN H. BILLMAN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No./~~ q CIVIL 1994 Plaintiff VI. . . THOMAS MYERS and QUEENA MYERS, his wife, Defendants : IN MORTGAGE FORECLOSURE NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle. P A 17013 (717) 240-6200 JOHN H. BILLMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO,}2.21 CIVIL 1994 vs. THOMAS MYERS and QUEENA MYERS, his wife, Defendants . , : IN MORTGAGE FORECLOSURE COMPLAINT NOW comes the plaintiff, by its attorneys, IRWIN, IRWIN & McKNIGHT, Esquires, and files this complaint, representing as follows: 1, The plaintiff is John H, Billman, an adult individual residing at RO, #4, Newville, Cumberland County, PeMsylvania 17241. 2, The defendants are Thomas Myers and Queena Myers, His wife, adult individuals residing at 257 Neil Road, Shippensburg, Cumberland County, PeMsylvania 17257, 3, On April 26, 1983, defendants executed and delivered an installment sales contract, a copy of which is incorporated herein, attached hereto and made a part hereof as Exhibit "A", to plaintiff, secured upon the premises more particularly described in Exhibit" A", 4, That default has been made in the terms and conditions of the mortgage in that defendant has failed to pay installments of interest and principal, as well as real estate taxes, in violation of the terms of the agreement. 5, That the entire condition, money or sum of $8,000,00 has become due and payable, together with interest at Thirteen and no/100 (13,00%) percent per annum and attorney's fees for the collection of said sum in accordance with the terms of the agreement, less such sums as have been paid on account of principal of the agreement. 6, That no judgment has been entered upon said agreement in any jurisdiction, 7, That the defendants are not engaged in the federal services or on active or inactive duty in the United States Army, Navy, Coast Guard, Marine Corps nor are defendants active members of the armed forces of any state or territory of the United States of America, nor engaged in any Principal of mortgage Interest to February 26, 1994 Unpaid Taxes to March I, 1994 Satisfaction fee Attorney's fee Total Due $5,949,95 1,289,20 262,29 12,00 500.00 $8,013.44 way which would bring the defendants within the provisions of the Soldiers' and Sailors' Civil Relief Act approved October 18, 1940, as amended, 8, That the plaintiff has complied with the requirements of the Act of Assembly dated January 30, 1074, known as Act No, 6, 1974, with respect to notice of intention to foreclose to the defendants, and Act No, 91, 1984, with respect to credit counseling, and the defendants have failed to reinstate the agreement in accordance with the provisions thereof. 9, That the following amounts are due on the agreement: WHEREFORE, plaintiff demands judgment against defendants in the sum of Eight Thousand Thirteen and 44/100 ($8,013,44) Dollars, plus interest at 13,00 percent, additional taxes and costs from February 26, 1994, 1 , IRWIN & McKNIGHT BY: WestPomfretProfessional Building 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court ID No, 29920 , ' VERIFICATION The foregoing answer is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the document is the language of my counsel and not my own, I have read the answer and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the answer is that of counsel. I have relied upon counsel in making this verification, I understand that false statements made herein are subject to the penalties of 18 Pa,C,S.A. Section 4094, relating to unsworn falsification to authorities, ( ~~ Joy H, Bll.LMAN 1 February ---J 1994 t~ t -::r ~ en :':~ - ,'\ t:rn - ~ .>- - -. ~~ ~ N ~ t:~ ~. ' ' - - 8 <:::> ~r-- ~ 0 -- . t:> ~ ~~- I:::)llj = ~ 51 ~ -.,-..! "VJ: 'lit ~ ~;s = 0 N ~~ ~ N ~ . N Z . ti ':' ...l~ ....::> l:&l 9 !:! Po4cn~O\CI] .. 5 '" 0 z~:J~3 .... .... 0 . It ~ .... QI I:l ~ ~ ~ 0'" tJ .... .... III ~ ! ~p..I::1~ ... ~'8 . .. z I:l ~ ell ;; '" !-< It . 0 ..Z> 0 .... QI . ~ tJ~OI-<~ III ...... Z w .. c::; Z . ~ ~ I-<tJ ...... ."....'" I-< 0 ~!!5!-< '" ~p.. 1:l,C1'l :J . 0 " j t . .. z o tJc:r-'" III t z 0<",,< . ~ .. "'''' . VI '" !-< tJ "" '" . .. ,,:: ...l !-< ...l ,,::,,:: . '" ::>~I-<-":: .... "'''' tJ ~ 2 ~ Ii o :>-0 <Q . ~~ .. tJ 1-<0:0: :- Z . 0 VI tJz . ~ .. :; '" z := ~~ t . It is''' I-< ~ ~ z~ 0'" I-<tJ ., is 8- ~ . , -, La\\' ORiel's . .. IRWIN. IRWIN &: }IcKNIGlIT , // JOHN H. BILLMAN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PlalntllT . , VI. : CIVIL ACTION - LAW : NO.1229 CIVIL 1994 THOMAS MYERS and QUEENA MYERS, his wife, Defendants : IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Please enter a default judgment against the defendant in the above matter for failure to respond to the complaint within twenty days of service thereof. Enter judgment for the following: Principal Interest thru February 26, 1994 Unpaid Taxes to March I, 1994 Satisfaction Fee Attorney Fees TOTAL $5,949,95 1,389,20 262,29 12,00 500,00 58,113,44 plus Interest from February 26, 1994, unpaid taxes from March 1,1994 and costs oUhls action. June 27, 1994 mWIN, IRWIN & McKNIGHT BYt~)Z HAROLD s, IRW Attorney for Plaintiff 60 West Pomftet Street Carlisle, PA 17013 (717) 249-2353 -.. Supreme Court ID No, 29920 ,l ~ 1 lu..:~ ~ 'J.-i lie:.. S/..../f,,- (' ' /7.J!'l ~ " - ~ , . , PRAQ..f;IPE FOR WJJ1T OF EX6CUTION - (MONEY JUDGMENTS) P.R.CP. NO. 3101 T03U9 ETe JOHN H. BILLMAN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PlalntllT VS. : Writ No, 1229 CIVll.. 1994 : No. 1229 CIVIL 1994 : Amount Due: $ 7,613.44 : Attorney Comm: 500,00 : Costs: $ : Total: $ 8,113.44 : PLUS COSTS AND INTEREST AT 13% : PER ANNUM UNTIL DATE OF PAYMENT THOMAS MYERS and QUEENA MYERS, his wife, Defendant To the Prothonotary of said Court: ISSUE WRIT OF EXECUTION IN THE ABOVE MA TIER, (l) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) Against Thomas Myers and Queena Myers, his wife; (3) Index this writ against Thomas myers and Queena Myers, his wife, defendants (4) Execute against the real estate of defendant located at 257 Neil Road, Shippensburg, Cumberland County, Pennsylvania 17257, (5) Exemption has been waived, IRWIN, IRWIN & McKNIGHT June 28. 1994 HAROLD S, mWIN, for plaintiff ~ ~. " iO)- , ~ , g- It' ~ B., P,.~;,~ ~ ""l ~ IT "1"'; . '" ..... ~ r\ ~~ ...... "/ .., ... - ~j - ~ ~ ~ ~ ,. ':T'- ,.: ~ (- .: ...., ..... - ... ,"J -. -"'"") " ...".. ,.' AFFIDA VIT PURSUANT IQ RULE 3129 HAROLD S. IRWIN, 01, attorney for the plaintiff in the above action, sets forth as of the date of the praecipe for the writ of execution was filed the following infonnation concerning the real property located al257 Neil Road, Shippensburg, Cumberland County, PA 17257: 1. Name and adress of owner(s) or reputed l1IIIner(s): Name: Address: A. 10hn H, Billman (Legal Owner) R,O, #4 Newville, PA 17241 B, Thomas Myers Queena Myers 257 Neil Road Shippensburg, PA 17257 2, Name and address of tlefendant(s) in the judgment: Name: Address: A, Thomas Myers Queena Myers 257 Neil Road Shippensburg, PA 17257 3. Name and Address of eve". judgment creditor whose jUtlgment is a record lien on the real property to be sold: Name: Address: A. 10hn H. Billman R,O, #4 Newville, PA 17241 4, Name and adtlress of the last recorded hoiller of eve". mortgage of record: Name: Address: A, None ):ti'1t ,.....~,---~,-~ -. . ~ ,. 5. Name and address of every other person ",ho has any Interest In or record lien on the property and ",hose Interest may be affected by the sale: Name: Address: None 6. Name and address of every other person of ",hom the plaintiff has kno",ledge ",ho has any Interest In the property ",hlch may be affected by the sale: Name: Address: None I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or infonnation and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa,C,S, Section 4904 relating to unsworn falsification to authorities, J("., z-/ ~.~' -. 1993 IRWIN, IRWIN & McKNIGHT {J'1i ,; l - ,[() {-1..:/ . ~<. / , By: Harold S. Irwin, m Attorney for plaintiff 60 West Pomftet Street Carlisle, PA 17013 (717) 249-2353 a; - ;...~ ~.r:: ..: ~ l,~._ ..., -, - C-:t .'-...1 s --, - THOMAS MYERS and QUEENA MYERS, his wife, Defendants : IN MORTGAGE FORECLOSURE .- Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNlY, PENNSYLVANIA : CIVIL ACTION - LAW : NO.1229 CIVIL 1994 JOHN H. BILLMAN, vs. fVOTICE OF SHERIFF SAI.E OF REAl. PROPERTY fURSJ/tf.NT 111. PENNSYI.VANIA RUI.E OF CIVIl. PROCEDURE 3129 TAKE NOTICE: That the sheriffs sale ofrea1 property (real estate) will be held on September 7, 1994, in the COMMISSIONERS' HEARING ROOM, CUMBERLAND COUNlY COURTHOUSE, CARLISLE, PENNSYLVANIA, at 10:00 A,M" prevailing local time, THE PROPERlY TO BE SOLD IS described in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land, (SEE DESCRIPTION A'ITACHED), THE LOCATION OF THE PROPERlY TO BE SOLD IS: 257 Neil Road Shippensburg P A 17257 THE JUDGMENT under or pursuant to which the property is being sold is docketed to: 1229 CIVIL 1994 THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERlY IS: John H, Billman (Legal Owners) Thomas Myers and Queena Myers (Equitable Owners) 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 (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 elCceptions to it within ten days of the date it is filed, Infonnation about the schedule of distribution may be obtained from the sheriff of the Court of Common Pleas of Cumberland County, Courthouse, Carlisle, PA. THIS PAPER IS d NOTICE OF THE TIME ANq PLACE Qf THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you, It may cause your property to be 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 elCercise your rights, you must act promptly, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. ill!!Q OR TELEPHONE .:Il!E OFFICE m FORTH BELOW TO ElliI! OUT WHERE XQl! CAN GET FREE LEGAL ADVICE: Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 TilE 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 the procedure used against you, 2, After the sherift's 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, The petition must be filed before the sherift's deed is delivered. 3, A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the court's regularly scheduled business sessions, The petition must be served on the attorney for the creditor or on the creditor at least two (2) business days 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, Cumberland County Courthouse, Carlisle, Pennsylvania, before presentation the petition to the court, A copy of the writ of elCecution is attached hereto. " ~ f ~ ~~ .' ":r' en . '""... .r. ~ ~ "" o-i l~~: ,'"j (., ,. ':..-., '.,J "" ~:-I - "' JOHN H. Bn..LMAN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plain tilT . . VI. : CIVIL ACfION - LAW : NO,1229 CIVIL 1994 THOMAS MYERS and QUEENA MYERS, his wife, Defendants : IN MORTGAGE FORECLOSURE AFFIDA V1T Harold S, Irwin, III, being duly sworn according to law, deposes and says that he is an attorney with the law finn of Irwin, Irwin & Irwin, counsel for plaintiff herein, and as agent of plaintiff, is duly authorized to make this affidavit on its behalf and that affiant has knowledge of the facts contained in this affidavit. The affiant further states that defendants above named are the equitable owners of a certain parcel of real estate situate in Cumberland County, Pennsylvania, and that their last known address is as follows: Thomas Myers and Queena Myers 257 Neil Road Shippensburg P A i7257 The affiant further states that the infonnation contained herein is true and correct to the best of his knowledge, infonnation and belief. IRWIN, IRWIN & McKNIGHT Sworn to and subscribed before me this"'?A'~day ofJune, 1994, By: HAROLD S, IRWIN, III Nc<."..JI Se.'lI !1ot:i" Morr~l>fl N....""Y Pttl!c ~,""OX1 El<ro. C..rt><.I.1ndCouflv ~ _ k1j' C/)'I'I'1~~;C.~ E'PiI\J6 Ot."C. 15, 1996 ,...,.: '<,I ""''"I1\.m.1^"="oonctllo'.JI1CS .<.; "=>- C7"J ;.0...... - ,< - .r.; -..... ,. ,., c,_ .....1, .'.., - .." ..... - I' = .. '"" c '" " ~ ~'i c..~ ALL that certain tract of land situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the centerline of Cleversburg Road at the corner of Lot No. 8 on plan for John H. Billman; thence along the centerline of Cleversburg Road, North 2l degrees 30 minutes l4 seconds West 85.00 feet to a point; thence along other lands of John H. Billman, North 68 degrees 29 minutes 46 seconds East 170.00 feet to a point at other lands of John H. Billman; thence along the latter, South 21 degrees 30 minutes 14 seconds East 85.00 feet to a point at Lot No, 8; thence along Lot No.8, South 68 degrees 29 minutes 46 seconds West l70.00 feet to a point, the Place of BEGINNING. CONTAINING 14,450 square feet and being Lot No. 7 as shown on the P1an o~ Wa1nut Grove recorded 1n the Or~1ce or the Recorder of Deeds for Cumberland County in Plan Book 41, Page 59. ~ ~ ,^- -< ~ .~ "" ~ "" J .... - !~ C~,J ,., -~ '. "