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HomeMy WebLinkAbout01-114 FX , . MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Dovenrnuehle Mortgage Company, L.P 1501 Woodfield Road Schaumburg, II 60173-4982 Plaintiff . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v. Loretta J. Myer 10 Kings Arms : NO. 01- 1/'-1 ~ I~ a/k/a A10 Kings Arms Mechanicsburg, Hampden TWP, PA 17055 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set xorth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 A1lJ:SQ Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la dernanda en contra suya sin previo aviso 0 notificacion. Adernas, la corte puede decidir a favor del demandante y requiere que usted curnpla con todas las provisiones de esta dernanda. Usted puede perder dinero 0 sus propiedades u otros derechos irnportantes para usted. LLEVE ESTA DEMAlIDA A UN ABOGADO IMMEDIATAMENTE, SI NO TJ:ENE ABOGADO o SJ: NO TJ:ENE EL DJ:NERO SUFJ:CJ:ENTE DE PAGAR TAL SERVJ:CJ:O, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFJ:CINA CUYA DJ:RECCJ:ON SE ENCUENTRA ESCRJ:TA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUJ:R ASJ:STENCJ:A LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013-3387 717-249-3166 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless yon notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN Isl Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Bancplus Mortgage Corp. Assignments of Record to: Dovenmuehle Mortgage Company, L.P Recording Date: l2/23/1994 Book: Vol 488 Page: 505 2. Defendant (s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant (s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with PA.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 10 Kings Arms a/k/a A10 Kings Arms MUNICIPALITY/TOWNSHIP/BOROUGH: Hampden Township COUNTY: Cumberland DATE EXECUTED: 01/25/1994 DATE RECORDED: 01/28/1994 BOOK: BK 1194 PAGE: 178 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant (s) continues to fail or refuses to comply with the terms of the Note as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 1/05/01: Principal of debt due and unpaid Interest at 6.75% from 6/01/00 to 1/05/01 (the per diem interest accruing on this debt is $10.64 and that sum should be added each day after 1/05/01) $57,529.44 2,330.16 Title Report 250.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $147.38 and that sum should be added on the first of each month after 1/05/01) 62.92 Late Charges (monthly late charge of $28.45 should be added on the fifteenth of each month after 1/05/01) 105.40 Other fees 24.25 Attorneys Fees (anticipated and actual to 5% of principal) 2 R7h.....!!LI TOTAL $63,458.64 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements o~f those acts, on the date appearing on the copy attached hereto as Exhibit "An, and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $63,458.64 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. /"1 I / I Mark q. Udren, ESQUIRE MARK 4r. UDREN & ASSOCIATES Attorhey for Plaintiff , Attorney I.D. No. 04302 .,\.. -.'.... .:'t'20Dol~:... -"'ll TI1AT CERTAIN unit in the property Ja1own, namCC1 ancl ~clenunacl ~n -me Declaration Plan referred to below as King's Arms Condaninium, situate in the Village of lQestover, Hampden Township, Cumberland County, PennsylvanIa, which has been submitted to the provisions of the Unit Property Act of PennSYlvania, Act of July 3, 1963, P.L. 196 (68 P.S. 5700.101, at seq.), by recording in the Office of. the Recorder of "(leeds of Cumberland County. Pennsylvania. of a Declaration dated ~1ay 21, 1975 and recorded in Misc. Book 214, Page 836, and a Declaration Plan dated May 21, 1975, and recorded in Plan Book 26, Page 70, and a Code of RegUlations, Exhibit "ll" of said Declaration described as follows: nnmG and designated on' the Declaration Plan as Unit AlO, with detached garage, said garage designated on the Decla:rotion Plan as Unit AIOG, together with an ur..livided interest appurtenant to the unit in all Ccmmon Elements (as defined in the Declaration) of 5.26\. '!he unit is municipally numbered as Ala King's Ann, Village of Westover, Mechanicsburg, Pennsylvania. ----- '/ .---..-.- UNDER AND SUllJEct to certain restrictions" rights-of-liar, easemerits a~ agreements of record. '" - , , · 'roGlITHER with the benefits of and Under mId subject to the tenns, covemints · and conditions contained in the Declaration. Declaration Plan and Code of. ne"ulations aforesaid. TOGE'rHER with the right of ingress to and egress from said property and the right to use, for.all proper purposes, in comnon with 'the :Grantor,'its cussessors and assigns, and all other occupants from time to time any and all portions of' the proj ect designated as Comnon Elements by the Declaration or_ by statute. \l1'l!lER AND SUBJEcr TO ALL CONDrJ'ICNS AND RESl1UcrIONS OF l'REVlCUS DE~. . , " , ,! ! SINCE 1844 November 13, 2000 10 Kings Arms Mechanicsburg PA 17055 Loan Number: 0008519829 Current LenderjServicer: Dovenmuehle Mortgage Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU a~VE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. EXHIBIT A Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535 PAGE 2 OF 5 November 13, 2000 L J Myer ) SINCE 1844 CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only ne~essary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assisance from the Homeowner's ~mergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania ~ousing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your Application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT_THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173.4982 (847j 619.5535 ) PAGE 3 OF 5 November 13, 2000 L J Myer \ " SINCE 1844 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) . NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 10 Kings Arms Hampden Twp PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from July 01, 2000 to present (at $ 568.97 -per month) (f) TOTAL AMOUNT OF (a) (b) (c) (d) and (e) REQUIRED AS OF THIS DATE: $ 2,844.85 $ 84.32 $ 24.25 $ .00 $ .00 $ 2,953.42 (b) Previous late charges; (c) Property Inspections; (d) NSF Charges; (e) Other Provisions of the mortgage obligation, if any; YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable) : HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $ 2,953.42, PLUS ~~ MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: ATTN: Collection Department LENDER NAME: Dovenmuehle Mortgage, Inc. ADDRESS: 1501 Woodfield Road, Suite 400E Schaumburg, IL 60173-4982 You can cure any other default by taking the following action within thirty (30) DAYS of the date of this letter. (Do not use if not applicable. ) Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, lL 60173-4982 (847) 619-5535 ") PAGE 4 OF 5 November 13, 2000 L J Myer ) SINCE '844 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within thirty (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender rerers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which ~ay also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the derault within THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A Notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. DL131/BIC Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535 -""; ; PAGE 5 OF 5 November 13, 2000 L J Myer SINCE 1844 HOW TO CONTACT THE LENDER: Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 1-800-669-0340 Fax: 847-330-8032 Contact: Mr. Edward Bagdon EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You MAYor X MAY NOT transfer your home to a buyer or transferee who wilr-assume the mortgage debt, provided that all the outstanding payments charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535 . SINCE: 1844 ACT 91 NOTICE DATE OF NOTICE: November 13, 2000 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortqage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselinq Aqency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the pennsylvania Housing Finance Agency toll free at 1-800-342-2397. {Persons with impaired hearinq can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar vivendo en su casa. Si no comprende el contenido de esta notificacion obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cula puede salvar su casa de la perdida del derecho a redimir su hipoteca. DL132 Dovenmuehle Mortgage, Inc. 1501 Woodfield Road SChaumburg,ll60173-4982 (847/619-5535 , . V F. RTF I C A T I O-E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. (~ Mark\J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES , " ~ ~ 5A 0 ~ - ljo" cA1 - )0 :r \.-, - I \tJ ~ "- ~ 'S \~ 'Y) ~J o " ~ "1' '" ~ \rl ~ 8 . ;?;: in-.~ ~~ 2"rl ~L~ ~,=:~ E;.-"- (:1: ' , . c' '" :>~ ",:;; FJ~ :-i~!;' . ~e:~~ .- -:"" EE~ ,.... :5 (,) CC) 0.;.",- -~. , CJ SHERIFF'S RETURN - REGULAR CASE NO: 2001-00114 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DOVENMUEHLE MORTGAGE COMPANY VS MYER LORETTA J ROBERT L. FINK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MYER LORETTA J the DEFENDANT , at 0019:30 HOURS, on the 18th day of January 2001 A/K/A Al0 KINGS ARMS at 10 KINGS Jl..RMS MECHANICSBURG, PA 17055 by handing to LORETTA MYER a true and attested copy of COMPLAINT - MORT FORE together with NOITCE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.44 .00 10.00 .00 35.44 So Answers: ~ -",~/~t '(: .. ! R. Thomas Kline me this &C- "<'1 - day of 01/19/2001 MARK J. UDREN By: v~/~~ eputy Sheriff Sworn and Subscribed to before Q'n"~,? ~I A.D. ~-'- C2 7hd/,<-, ~ I othonotary , ~,,.1,' - ~ MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS IflGHWAY, SUITE 500 CHERRY lllLL, NJ 08034 856-482-6900 Dovenmuehle Mortgage Company, L.P Plaintiff v. Loretta J. Myer Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : NO. 01-114 Civil Term PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: March 5,2001 MARK J. UDREN & ASSOCIATES BY: /1~ f J , I I Mitrk .( Udren, Esquire Af;omey for Plaintiff I ",-,I .ti.. --i , \" VF. RTF TeA T I 0 W The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the mortgage held by l'laintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information.and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. rom,fLmMOllTGAGE IXJMP....~.Yl..p" l~ Umitodp3I1llenhlp i2~f~~ Narne: Lynn fL '.Coady Title: Asstistant Vice-President company:DOVENMUEHLE MORTGAGE, H!e. Date: 01/25/01 P"l So ~ co ~ <: ,,' ,6 :::>4: 02 f?-~~ ;c ~ ""- C- 0:3 lo:.~1--~ 2;&5 --rC c':::- - "'".....--:. --.<:- ~:J~' ::cz IX LULU u::: "'"~-;: roo- -:c :2: u. :::> C- O <..~ I. .Y '") .. "I . 'MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Dovenmuehle Mortgage Company, L.P 1501 Woodfield Road Schaumburg, II 60173-4982 . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Loretta J. Myer 10 Kings Arms :NO. 01-114 Civil Term a/k/a AI0 Kings Arms Mechanicsburg, Hampden TWP, PA 17055 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND-ASSESS~QJLDAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant (s) for -failure to file an Answer to Plaintiff's Complaint within 20 days xrom service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest per Complaint From 1/6/01 to 3/5/01 Late charges per Complaint From 1/15/01 to 3/5/01 Escrow payment per Complaint From 2/1/01 to 3/5/01 $63,458.64 627.76 56.90 294 76 TOTAL .$64.438 06: I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy ~~~iCh hereto. MARK /J. rrEN I '/ l MarkiJ. ~dren, ESQUIRE Atto;r\ney for Plaintiff 'I DAMAGES ARE HEREBY ASSESSED AS IND"TED. ~ DATE: ~ 12 cf., 11/. d../)(,} I l '.l..tfi ~...J V. , PRO PROTHY .~ 0<7 -.-- MARK J. UDREN << ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Dovenmuehle Mortgage Company, L.P 1501 Woodfield Road Schaumburg, 11 60173-4982 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Loretta J. Myer 10 Kings Arms NO. 01-114 Civil Term a/k/a A10 Kings Arms Mechanicsburg, Hampden TWP, PA 17055 Defendant(s) February 12, 2001 Loretta J. Myer 10 Kings Arms a/k/a A10 Kings Arms Mechanicsburg, Hampden TWP, PA 17055 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 EROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT . AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 NOTIFICACION IMPORTANTE DATED: TO: US TED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CABO. .ALNO TOMAR LA ACCION DEBIDA DENTRODE UN TERMINODE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, o SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA o LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONnE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. , ., ,; ;...,.. MARK J. UDREN << ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Dovenmuehle Mortgage Company, L.P 1501 Woodfield Road Schaumburg, II 60173-4982 Plaintiff ATTORNEY FOR PLAINTIFF , COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Loretta J. Myer NO. 01-114 Civil Term 10 Kings Arms a/k/a AID Kings Arms Mechanicsburg, Hampden TWP, FA 17055 Defendant(s) STATE OF AFFIDAVIT OF NON-MILITARY SERVICE COUNTY OF ILLINOIS COOK SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as.defined in the Soldiers and'sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: above /I A' cj~/; 90/ (//tu,rif( ~ N~e:~ Julie Quiroz T1tle: FDreclosure Reo, Company: DOVENMUEHLF MORTGAGE, Defendant: Age: Residence: Employment: Loretta J. Myer Over 18 As captioned above Unknown Defendant: Age: Residence: Employment: Over 18 As captioned Unknown Sworn to and subscribed before me this 25 day of January , 2(X)~. ~~------. Notary Public . OFFICIAL SEAL ALl.EN M BREYER NOTAi'l'Y I'IJBUC. efA1~ OF ILWNOIS MY COMMlssl15f.l E"Pl~~~i~4114103 .~" .. INC. oj r '\.J Q. 9~ 6 ~ -- ~ j ~ . :-:. )~Ji ~ ,z-' v __ <:o!. P--J ~ ~ ----.J.t\ 8\..:.. ----./ ~ ~ \...f :J-...., ~ 6:: {9 ~ ~ C. t ('0 ~ ~ ~n~1 'W\) (::L "-< r-. "J,. __.. .. --,-," ~ MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Dovenmuehle Mortgage Company, L.P 1501 Woodfield Road Schaumburg, Il 60173-4982 Plaintiff . . COURT OF COMMON PLEAS : CIVIL DIVISION : CUmberland County : MORTGAGE FORECLOSURE v. Loretta J. Myer 10 Kings Arms :NO. 01-114 Civil Term a/k/a AI0 Kings Arms Mechanicsburg, Hampden TWP, PA 17055 . Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: 10 KINGS ARMS A/K/A AI0 KINGS ARMS MECHANICSBURG, HAMPDEN TWP, PA 17055 Amount due $64 438 JJJi Interest From Marc~. 2001 ~52 to Date of Sale .JJme 6. 200.1 Per diem @$lO.64 (Costs to be added) $ MARK J. UDREN & ASSOCIATES (1/\;~ Markl~. ~dren, ESQUIRE ATTORNEY FOR PLAINTIFF \, i {~ 'l( >--....... j -tg - ( o Q f1 '"% ::z-" c::. - ~J ~ ~ , Jtl '-d<:::-.J vl ~ --..J ~::::- ~ ct i; ~ ~ I: '-dd ~ J I 9 ~ A ~ ~~ '-! .. ::z- ~ 0J V; r) Q., .' ':' r"YJ ~B 'b9- ,_ J""!'"" rf\ IV -:J \:j "'< B ~ .~ ~~ ;:z-.. ---0 I.\: 22;'C>.. ~~ JJ~ o MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Dovenmuehle Mortgage Company, L.P 1501 Woodfield Road Schaumburg, 11 60173-4982 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUmberland County : MORTGAGE FORECLOSURE ,. v. Loretta J. Myer 10 Kings Arms :NO. 01-114 Civil Term a/k/a A10 Kings Arms Mechanicsburg, Hampden TWP, PA 17055 Defendant(s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: ----A. In Assumpsit (Contract) ____E. In Trespass (Accident) --X-C. In Mortgage Foreclosure ____D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: ---1LA . _E. _C. _D. _E. _F. An individual Tenants by Entireties Joint Tenants with right of survivorship A partnership Tenants in Common A corporation III. The Defendant(s) is (are): ---1LA . _E. _C. Resident in the Commonwealth of Pennsylvania Not resident in the Commonwealth of Pennsylvania If more than one Defendant and either A or B above i.s not applicable, state which Defendant is ..1i.dent:7f the Commonwealth of Pennsylvania~ t. Resident: .f l f\ , ! I , , ! Mark ~. Udren, ESQUIRE Addres~ &,I_D~ # as above , , , \ r' ),.;;- ~~ Q " ~ (-i k-- < /u 1 0 ~ i ~J (:f:.t ~ 1 '-G€ ~ JZ MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Dovenmuehle Mortgage Company, L.P 1501 Woodfield Road Schaumburg, II 60173-4982 - COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Loretta J. Myer 10 Kings Arms :NO. 01-114 Civil Term a/k/a A10 Kings Arms Mechanicsburg, Hampden TWP, PA 17055 Defendant(s) C E R T I F I CAT E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: An FHA insured mortgage Non-owner occupied Vacant X Act 91 procedures have been fulIilled. Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 'i I i MARK." J. i I , J I Mar~ J. Udren, ESQUIRE ATT4yRNEY FOR PLAINTIFF tJlrf ~ :g ~ ~ ..... ~ -1!: --f ~ ~ )1 ---...,,: , f;::.~ ~ -- ~~ ~~ --..J J-( ~ J. UDREN & ASSOCIATES .BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Plaintiff . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Dovenmuehle Mortgage Company, L.P 1501 Woodfield Road Schaumburg, II 60173-4982 v. Loretta J. Myer 10 Kings Arms :NO. 01-114 civil Term a/k/a A10 Kings Arms Mechanicsburg, Hampden TWP, PA 17055 . Defendant (s) AFFIDAVIT PURSUANT TO RULE 3129.1 Dovenmuehle Mortgage Company, L.P, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 10 Kings Arms a/k/a A10 Kings Arms Mechanicsburg, Hampden Twp, PA 17055 1. Name and address of Owner{s) or reputed Owner{s): Name Address LORETTA J. MYER 10 KINGS ARMS, a/k/a A10 KINGS ARMS, MECHANICSBURG, HAMPDEN TWP, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS # 1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address NONE 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. FAIRBANK MORTGAGE CORP. 84 PROGRESS LANE, WATERBURY, CT 06705 5. Name and address of every other person who has any record lien on the property: Name Address NOME .' 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address REAL ESTATE TAX DEPT. 1 COURTHOUSE SQUARE, CARLISLE, PA 17013 13 N. HANOVER STREET, CARLISLE, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every knowledge who has any interest the sale: Name other person of whom the plaintiff has in the property which may be affected by Address KING'S ARM CONDOMINIUM VILLAGE OF WESTOVER, HAMPDEN TOWNSHIP, CUMBERLAND COUNTY Tenants/Occupants 10 Kings Arms, a/k/a Al0 Kings Arms Mechanicsburg, Hampden Twp, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that: false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: March 5, 2001 MARK J. I , , , . I I l~ Mark J:!.U en, ESQ. Attornjr for Plaintiff r, r tlQ. ~- .~ , ~ "' ~. ~ - 1 ~ I~ -0 ;c- J1 '-t; ...... r1v .1 Q ......J~ -:3 J-I:, . ... .;. MARK J. UDREN & ASSOCIATES BY: Mark J.Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Dovenmuehle Mortgage Company, L.P 1501 Woodfield Road Schaumburg, II 60173-4982 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County : MORTGAGE FORECLOSURE v. Loretta J. Myer 10 Kings Arms :NO. 01-114 civil Term a/k/a A10 Kings Arms Mechanicsburg, Hampden TWP, PA 17055 Defendant(s) NQTICE OF SHERIFF'S SALE-OF REAL-EROPERTY TO: LORETTA J. MYER 10 Kings Arms a/k/a A10 Kings Arms Mechanicsburg, Hampden TWP, PA 17055 Your house (real estate) at 10 Kings Arms a/k/a A10 Kings Arms Mechanicsburg, Hampden Twp, PA 17055 is scheduled to be sold at the Sheriff's Sale on June 6, 2001, at 10:00 AM in the COMMISSIONERS HEARING ROOM, 2ND FLOOR, COURTHOUSE, CARLISLE, PA to enforce the court judgment of $64,438.06, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF-Q~---RI-GHTIl YOU MAY BR ABT.R '1'0 PRF.VRN'I' 'I'HTii iiHERIFF' ii iiAl,E To prevent this Sheriff's Sale, you must take ~diate ~ti2~ l. The sale will be cancelled if you pay to the charges, costs and reasonable attorney's fees. you may call: (fll=ih) 4R?-6QnO 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgnlent, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. mortgagee the back payment, late To find out how much you must pay, 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 on page two on how to obtain an attorney.) .... . . ::(QU MAY STILL B~_LE TQ...SAVE YOJJR PROJ2E:B.'rY-AND YOU HA~ OTHER RIGHT.S EVEN IF THE SHERIFF'S-Z~E-D~ES TAKE PLAC~ ~. If the Sheriff1s Sale is not stopped; your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 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 due in the sale. To find out if this has happened, you may call 856-482-6900. 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 never happened. 54 You have the right to remain in the property until the f~ll 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 Sheriff within 30 days after the 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 (lO) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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 ClUlNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUmberland County Bar Association 2 Liberty Avenue Carlisle, PA l70l3~3387 717-249-3166 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA l70l3-3387 7l7-249-3l66 . . , {f7\ s?> Ir J Q tJ 0 ~ ! \J '.::: ~ 11r ~ {ll ~ , (=1.1 :] '-\ - J{j ~~ ~ ~ ~- Dovenmuehle Mortgage Company, L.P. -vs- Loretta J. Myer In the Court of Common Pleas Cwnberland County, Pennsylvania No.2001-114Civil R. Thomas Kline, Sheriff, who being duly sworn according to law says this writ, is returned Stayed. Sheriffs Costs: Docketing Poundage Law Library County Levy Surcharge Postpone Sale Sworn and Subscribed To Before Me This 2t. It: Day of ~ 200l A.D. ~"-'- O. ~) ~ Pro notary - 30.00 108.75 .50 1.00 15.00 20.00 20.00 $l95.25 paid by attorney 4-16-01 ~~ R. Thomas Kline, Sheriff By t(~s~ \.sO Uz.3a2 0'6'"7 ~ 1/67(,,0 ,.. <- ~~ J: UDREN & ASSOC~ATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Dovenmuehle Mortgage Company, L.P 1501 Woodfield Road Schaumburg, II 60173-4982 Plaintiff COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE v. Loretta J. Myer 10 Kings Arms :NO. 01-114 Civil Term a/k/a A10 Kings Arms Mechanicsburg, Hampden TWP, PA 17055 Defendar.lt(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Dovenmuehle Mortgage Company, L.P, Plaintiff ~n the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 10 Kings Arms a/k/a AI0 Kings Arms Mechanicsburg, Hampden Twp, PA 17055 1. Name and address of Owner(s) or reputed Owner(s) : Name Address LORETTA J. MYER 10 KINGS ARMS, a/k/a A10 KINGS ARMS, MECHANICSBURG, HAMPDEN TWP, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address . SAME AS # 1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address NONE 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. FAIRBANK MORTGAGE CORP. 84 PROGRESS LANE, WATERBURY, CT 06705 5. Name and address of every other person who has any record lien on the property: Name Address ~ "' 1 N0NE 6. Name and address of every other person who has any record~interest in the property and whose interest may be affected by the sale: Name Address REAL ESTATE TAX DEPT. 1 COURTHOUSE SQUARE, CARLISLE, PA 17013 Domestic Relations Section 13 N. HANOVER STREET, CARLISLE, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every knowledge who has any interest the sale: Name other person of whom the plaintiff has in the property which may be affected by Address KING'S ARM CONDOMINIUM VILLAGE OF WESTOVER, HAMPDEN TOWNSHIP, CUMBERLAND COUNTY Tenants/Occupants 10 Kings Arms, a/k/a AI0 Kings Arms Mechanicsburg, Hampden Twp, PA 17055 . I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. MARK DATED: March 5, 2001 Mark J.: Attorn , MARK J: UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Dovenmuehle Mortgage Company, L.P 1501 Woodfield Road Schaumburg, II 60173-4982 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Plaintiff : MORTGAGE FORECLOSURE v. Loretta J. Myer 10 Kings Arms :-NO. 01-114 Civil Term a/k/a AID Kings Arms Mechanicsburg, Hampden TWP, PA 17055 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY " TO: LORETTA J. MYER 10 Kings Arms a/k/a AID Kings Arms Mechanicsburg, Hampden TWP, PA 17055 Your house (real estate) at 10 Kings Arms a/k/a AID Kings Arms Mechanicsburg, Hampden Twp, PA 17055 is scheduled to be sold at the Sheriff's Sale on June 6, 2001, at 10:00 AM in the COMMISSIONERS HEARING ROOM, 2ND FLOOR, COURTHOUSE, CARLISLE, PA to enforce the court judgment of $64,438.06, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNRRIS RIGHTS YOU MAY BE ABLE TO PRF.VRNT THTS SHERIF"" S SAT,F. To prevent this Sheriffls Sale, you must take immediate action- ~. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (R~h) 4R?-6QOn 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 att-orney to assert your rights. The sooner you cant-act one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) , .. XQU MAY STILL BE ABLE TO SAVE YOUR paO~ERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHEaIEF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find-out the price bid by calling 856-482-6900. 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 due in the sale. To find out if this has happened, you may call 856-482-6900. 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 never happened. 5. You have the right to remain in the property until the f~ll amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that timer 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 Sheriff within 30 days after the 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 Schedule of ..Di'stribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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 LISTEEl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUmberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013.3387 717-249-3166 ASSOCIATION DE LICENCIDADOS DE FILADELFIA cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 01-114 CIVIL 1WC TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Dovenmueh1e Mortqaqe Company, L.P. PLAINTIFF(S) from Loretta J. Myer, 10 Kings Arms a/k/a AlO Kings Arms, Mechanicsburg, Hampden Twp, PA 17055 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Leqal Description ,..' . .,.,' (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of ... :;"'.'f.i-."':: .<",;;ji., < -",~>-. GARNISHEE(S) as follows: and to notffy 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 otheJwise disposing thereof; (3) If property of the defendant(s) not levied upon an subjectto attachment is found inthe 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 $64,438.06 from 3/6/01 to 6/6/01 per diem Interest @nO.61 $9g9.52 Atty's Comm % L.L. $.50 Due Prothy Other Costs $1 00 Atty Paid Plaintiff Paid - $l.07.~4 Date: M~rd1 '14, 7.001 Curtis R. Lonq Prothonotary, Civil Division I}a o~ -" / $? ~07/?AX< / , ~ by: Deputy REQUESTING PARTY: Name Mark J. Udren, Esq. Address: 1..040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 Attorney for: Plaintiff Telephone: 856-482-6900 Supreme Court ID No. 04302 " '.,~" / REAL ESTATE SALE No.'?~; v;I('jJ,~ 1s:~(y() I the sheriffleviOO upon the cletenoali'i;., interest in the real property situated in'~~Y'_t _ ~AA.-?d~ 6umberland County. Pa.. kl1()1^,Y' numbered as: /d J::(~~ ~ and morf;mo:~ on Exhibit "An filed witr, I - tllis writ and by this referelif;C; ;,'~"n:mrated herein. l;,te{YJ1I1'~~/.s .t{8JcJl 8)[ IfZ:A~A ~d!Z ~~~ V\H'=I^-U.SNN3d :liC.;'""iHV'0 .' ,.-.' lu. H~ 11G m s\ \Iv" UNiWO 'ii,,> ,j}WlIO ,U\\l~\1\; \\\ll. 40 iJo\i:lil\l ~ . . " The Chase Manhattan Bank, s/bfmlt Chase Bank Of Texas, N.A. fi'kla Texas Commerce Bank, NA As Custodian -vs- Loretta J. Myer In the Court of Common Pleas Cumberland County, Pennsylvania No. 2001-130 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law says this writ, is returned Stayed. Sheriff's Costs: Docketing Poundage Law Library County Levy Surcharge Postpone Sale Share of Bills Sworn and Subscribed To Before Me This ;It,,'E:- Day of ~ r-, 2001 A.D. CJuu_ _ () )J, ,cl.v ,O.riC:- , / ;'0-7 Prothonotary 30.00 93.71 .50 1.00 15.00 20.00 20.00 25.09 $205.30 paid by attorney 4-16-01 ~~ R. Thomas Kline, Sheriff By ~s~ "', :(D \. Uc ],J..IH"1 Ifl.u ) I D'l (.:J--> . " ~ , MARK J. UDREN & ASSOCJ:ATES . \ BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF .. The Chase Manhattan Bank, s/b/m/t Chase Bank of Texas, N.A. f/k/a Texas Commerce Bank, NA as Custodian . . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County 4708 Mercantile Drive. North Forth Worth, Texas 76137-3605 : MORTGAGE FORECLOSURE Plaintiff v. Loretta J. Myer 10 Kings Arms Mechanicsburg, PA 17055 : NO. 01-130 Civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 . The Chase Manhattan Bank, s/b/m/t Chase Bank of Texas, N.A. f/k/a Texas Commerce Bank, NA as Custodian , Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 10 Kings Arms, Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner{s) : Name Address LORETTA J. MYER 10 KINGS ARMS, MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address NONE 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. DOVENMUEHLE MORTGAGE CO. 1501 WOODFIELD ROAD, SCHAUMBURG, IL 60173- 4982 5. Name and address of every other person who has any record lien on the property: Name Address '.. " NONE . -I 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address REAL ESTATE TAX DEPT. 1 COURTHOUSE SQUARE, CARLISLE, PA 17013 13 N. HANOVER STREET, CARLISLE, PA 17013 Domestic Relations Section Commonwealth ofPA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every knowledge who has any interest ,the sale: Name other person of whom the plaintiff has in the property which may be affected by Address KING'S ARMS CONDOMINIUM VILLAGE OF WESTOVER, HAMPDEN TOWNSHIP, CUMBERLAND COUNTY Tenants/Occupants 10 Kings Arms, Mechanicsburg, PA 17055 " I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. MARK J. DATED: March 5, 2001 I Mark J. Attorne . ALL that certain unit in the ,property known; named 'and Identified in the Declaration Plan referred to below es King's Arms Condominium, sIt4l\lt~.!n ih~,y!Ii!,ge ,?!,Westover, ,Hampden Township, Cumberland County, Per\nsylv~nrif, which has .bi3eri" ~i"ubmltted to the provisions of the Unit Property Act of Pennsylvania, Act of JiJly 3, 1963, P.L. 196 (68 P.S. 'W00101, et seq.), by recording In.ttle Office of the Racarder of Deeds In and, far Cumberland Cat/my, Pennsylvania, of a Declaration 'dated May 21, 1975 and recordad In M[scellalJeaus Soak 214, Page B:l6, and a Declaration Plan dated May 21, 1975, and recorded In Plan Book 26, Page 70, and a Code at 'Regulalions, Exhibit "B" of said Declaration described as tollows: ' . BE:ING and designated an the Declaration Plan as Unit A10, with detached garage, said garage designatad on tha Deolaration P.lan as Unit A10G, together with an undivided interest .appurtenant to the unit In all Common Elements (as defined In the Declaration) or 5.26%. The unit is municipaliy numbered as A 10 King's,ArfT)S, Village of WeStover, Mechanlcsburg, Pennsylvanie, BEING the same premises which Frederick D. Fischer and Marianne M. Fischer, husband and wife, by their Deed dated May 6, 1983 and recorded In the Office aforesaid, in Deed Sook "E", Volume 30, Page 294, granted and conveyed unto Richard R. Townsend and Lucille 0, Townsend, husband and wife. The said Richard R. Townsend having died October 31, 1988, thereby vesting lee simple Ucle, by.operaticn of law, In his surviving widow, Lucille O. Townsend, Grantor herein. - ;1 UNDER AND SUBJECT. to ce!1,!ln restrictions, rlgbts-ol-way, eas6(flents and agreements 'of record. " BEING KNOWN AS PROPERTY ID# AI0 KINGS ARMS, MECHANICSBURG, PA 17055 10-18-1323-032 TITLE TO SAID PREMISES IS VESTED IN LORETTA J. MYER, MARRIED PERSON BY DEED FROM LUCILLE Q. TOWNSEND, WIDOW DATED 1/25/1994 AND RECORDED 1128/1994 IN DEED BOOK T-36 PAGE 1045 COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) WRIT OF EXECUTION and/or ATTACHMENT ..-. a- NO. 01-130 CIVIL 19 CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due The Chase Manhattan Bank, s/b/m/t Bank of Texas, N.A. f/k/a Texas Commerce Bank, NA as Custodian Chase PLAINTIFF(S) from Loretta J. Myer, 10 Kings Arms, Mechanicsburg PA 17055. (1) You are directed to levy upon the property of the defendant(s) and to sell at AI0 . Kil}g~' Arms, Mechanicsburg PA 17055. (See description. ) DEFENDANT(S) ReaL estate located attached legal (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 nomy the gamishee(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 ofthe defendant(s) not levied upon an subject to attachment is found in the pol;Session 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 33 , 8 17 . 49 Interest 3/6/01 - 6/6/01 @ $8,'67/diem L.L. $.50 $1. 00 $806.31 Due Prothy Other Costs Atty's Comm Atty Paid Plaintiff Paid % $107.44 Date: March 14, 2001 CURTIS R. LONG i ( Deputy by: REQUESTING PARTY: Name Mark J. Udren, Esquire Address: 1040 . Kings Highway Ste 500 cherry Hill NJ .08034 Plaintiff Attorney for; Telephone: Supreme Court 10 No. (856) 482 6900 04302 ..-- REAllESl'ATE SALE ~~ijj/ 9 ,. . . -:.0: \Jfl/(>1~ /6.8. iJ 0 I the sheriff levied upon the deienoi:l.', interest in the real property situated in ~~...t. ~.?-40 Oumberland County, Pa., known and numbered as)' ~ ,,~ /YI7(J/jd2"M-J~nd more fuily described on Exhibit "A" filed WiT this writ afld by this reference incorporated herein. llate:~/(a." B~~ (!If c:u:n c:vo c::;::::r Gi3 GViJ 't\l-!'O, l~. S,i~~3d "J'"1C'}~).\\ ,J _\ '. ".' , . 10. ilJ 1E I S\ 1l'J" .,.' .':;B~~ "lIJCir~.2- ~ ~,. " t.._..., bGl'D Jti~;m$ ilMl.::1'.Q .;).~. ~s \(f .. MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Dovenmuehle Mortgage Company, L.P 1501 Woodfield Road Schaumburg, II 60173-4982 Plaintiff v. Loretta J. Myer 10 Kings Arms a/k/a AIO Kings Arms Mechanicsburg, Hampden TWP, PA 17055 Defendant(s) ERAEC~E TO WITHn TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : NO. 01-114 Civil Term lLS.CJ)NTINUE WI.'nWUT PRE~ Kindly mark the above captioned matter DISCONTINUED AND JUDGMENT WITHDRAWN WITHOUT PREJUDICE, upon payment of your costs only. DATED: April 18 ?OOJ fi/l Mark J. Udren, Esquire Mark J. Udren & Associates Attorney for Plaintiff b=: "'> ~ .",; l.r:> ~ c;, :=>< w.J t": 0= ~i :c: oL-. :s c... C\::3 <.i:> z&s w,:::..:: N 52 ,',--7 ~1 ; 0.::. ~" ill .,.;.....,. CJ,... coo... "'" :2 " :::> 0 '=' (.) . J71 .5]