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Home My WebLink About01-03772 ~ ~ '", ,"....,__J", SHERIFF'S RETURN - NOT FOUND \, / CASE NO: 2001-03772 P COMMONWEALTH OF PENNSYLVANIA <. COUNTY OF CUMBERLAND DOVENMUEHLE MORTGAGE CO LP VS ACELA KENNETH S ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT ACELA KENNETH S but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , ACE LA KENNETH S UNABLE TO SERVE PRIOR TO EXPIRATION. PROPERTY LOOKS VACANT. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 15.60 .00 10.00 .00 43.60 SO~ R: omas Klin Sheriff of Cumberland County GOLDBECK MCCAFFERTY & MCKEEVER 07/19/2001 Sworn and subscribed to before me this ,{ 3M day o~ ;Lo-vl A.D. g,fu~ Q YvuiP,,/, Alff prot 0 otary -'J , ~ ,".~,J"""'""",,"""WllU SHERIFF'S RETURN - NOT FOUND CASE NO: 2001- 03 772 P C~MMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DOVENMUEHLE MORTGAGE CO LP VS ACELA KENNETH S ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT ACELA DALE E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , ACE LA DALE E UNABLE TO SERVE PRIOR TO EXPIRATION. PROPERTY LOOKS VACANT. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So an~~ R~as Kline Sheriff of Cumberland County GOLDBECK MCCAFFERTY & MCKEEVER 00/00/0000 Sworn and subscribed to before me this ;Z3.AA. day of ~ .:J.tJV( A.D. Clt.- (2. 'lvt.uP""J ~."" Pro h notary ~ I', -,I.. GOLDBECK McCAFFERTY BY: Joseph A. Goldbeck, Attorney I.D.#16132 suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff &: McKEEVER Jr. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL FILED DOVENMUEHLE MORTGAGE CO. LP 1501 Woodfield Road Schaumburg, IL 60173-4982 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs. :ACTION OF MORTGAGE FORECLOSURE KENNETH S _ ACE LA AND DALE E. ACELA (Mortgagor(s) and Real Owner(s)) 90 Parker Newville, Road PA 17241 Defendant(s) Term ~ No .01 -J'?7:J.... Q.I"UL( I~ CIVIL ^CTION: MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING I TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFO~TION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the Complaint and notice are served, by entering a written app~arance 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 ~or 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 ~O OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 A V ISO LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJA5 PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DrAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. pARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SD ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE OSTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: 51 USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESD SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN ~DTIFlCARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DB E5A DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U O~ROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANOA A UN ABOGADO IMMEDIATAMENTE. 51 NO CONCCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REF1::RENCIA DE ABOGADOS) , 215,-238-6300. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 T~E COpy FR01'tll F1ECORD InT~YWOOr86fIIio"" c'.,. . ,,,,..... _~. " ~ ' . ' fIl. ," ....,(,~ii'J .:~<.i\: rny uaf~ "- ;~:i~, . "Ii~~ Legal Services Inc. a Irvine Row, Carlisle, PA 17013 (717) 243-9400 " Ib'~,"~ I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COpy OF THE ORIGINAL FILED COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is DOVENMUEHLE MORTGAGE CO. LP, 1501 Woodfield Road, Schaumburg, IL 60173-4982. 2. The name(s) and addressees) of the Defendant(s) is/are KENNETH S. ACELA, 90 Parker Road, Newville, PA 17241 and DALE E. ACELA, 90 Parker Road, Newville, PA 17241, who is/are the mortgagor(s) and real owner(s) of the mortgaged property hereinafter described. 3. On October 4,1991, mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AVSTAR MORTGAGE CORP., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1030, Page 1153. By Assignment of Mortgage recorded December 8, 1997, the mortgage was assigned to Plaintiff, which Assignment is recorded in Assignment of Mortgage Book No. 563, Page 784. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due January 1, 2001, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 121 1/00 through 6/30/01 at 9.125% Per diem interest rate at $14.96 Attorney's Fee at 5% of Principal Balance Late Charges 1/ 1/01- 6/30/01 Monthly late charge amount at $19.03 Costs of suit and Title Search Escrow Balance Deficit Monthly Escrow amount $93.35 $ 59,842.62 3,156.56 2,992.13 114.18 560.00 $ 66,665.49 69.18 $ 66,734.67 7. The Attorney's Fees set forth above are in conformity wi th 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 based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face to face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure the sum of $66,734.67, together with interest at the rate of $14.96, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: GOLD BY: J seph A. Goldbeck, Attorney for Plaintiff ~ VERIFICATION I, Lynn Coady, as the representative of the Plaintiff corporation within named do hereby verifY that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: t iJ- h / . - . , , ,'< ~'" ."'."H , '!.."-~ . ATTACHED TO AND FORMING PART OF SEARCH. 'jI;l:LIf~1 -~ ........-_ AIL om:sE ~ a:RI'AJN t:n\ots of J.an:;l !dtuata :in wast: ~ 'I'dWflShip, Q.lIltlerlard county, iliWlSylvania, lIS fOlllZMi1 =:' :t: ALL mAT CERrA:l:N tJ:aet ot lan.1 situate ..1n West ~ , OJmber1atXl (bmty', ~lvan1a, ~ an:! <3~:ib:d in Ilcoa1'dMee with Plan ot Ian:i SUl:dl.v1si<m for llrthur Z. ~, ~ b'/ Qlrl O. l1art, R.S. il CXlPY of which, dated July 1973, i8 ~tled .in the beraina~ msn1:ionad ~er's Office 1n plan ~ 24, Page 36, as fpl1~: _INNJ:m at a ni.h'\::lad spiks in the l3'Iblr Una of Pul=r Road at:. the N01:'l:hea.stem ~1:llW." of tDt: No. U :u &ha.In Oft t:hB ~ 1MltItiOl'\llld plan of lard subdivision1 thli!llOe aJ.clnJ tho ~ lina ot aid R\1:lcw;' Rolsd, N'orth 73 degrees Easl;, a dist.m::a of 200 feet t.o II tidlrgad spiJa,;l ~ \ thence alorq lina of 11llld fo:merly of Arthur Z. Rowe am wita, now 'rr<lct: No. Z herein, SWth 20 degn:es 51 1\'dnutes Fast: 2S!) teet to an iron Pin; t.hen::ltI t1f lar.d 'rDfl or fonnerly of Arthur Z. Rewa arx:1 wife, SOUth 73 degrees West Il ~ of 200 feet to an il:cn pm at. the SoutheasWn comer Of'Silid tot No. 11: thence alorq the Easte:m line Of Ba~ tot:. No. U, North 20 d...:lt~ 51 mi.nuW West, a cU.sl:anc:G of 250 feat to a rail1:oad r;p:l.ke in the center line of Parker Pmd, the p~aoa of; Slagc_c_. . . ,,~:'. , ,w.....L.I.II':;f ".' . .. ~ mIll; 1!I3.1 at lD\:, No. ;l.0 as Eiha./n on ~iQ i'lan of ;(,ard SUbdiv1sicm for N:t:hur Z. 1laile. ". : 'lUE NortMrn mst twenty-fi....e (~S) feet 01: tho a~ desc:tibad tract of lard, lIhich h1c1udes a portion of the ~irq rlghkf-wy of Par\car Page 2 of2 . . / . ATTACHED TO AND FORMING PART OF SEARCH. ~, ia Iwt'eby dedicated as a portion of the right-of''''Wi.\Y of _id ~ Ro<ld, BEm3 the ~ tract of land WhiCh lluth 'It. tli!ihl by ha' I1eed dated Harch 21, 19SQ, eni recorded in 1:hs Office ot the nacotder ot De&:!s jn eM for: cunberlaM county 111 tltl!e4 IilcOk "X, II Val~ 28, ~ 61, qxanbld aI"lCI 0Cll'M1IYEd unto Lin:la !t. Minn:l.ch, one of tbEs graMonl beNin. 'IRE AlJJVl! ~(;% is 2N.\de urder an:! subjec;:t to ths l'.1ght of the a.mei:'lS 8tA ocx:up1.ets cf MjOinir'i! 1Dt No. u, their heim IiI!'id M$~, \;Q U5$ tM well ard water systen locatbj 01"1 the within conveyed I/:It No. 10, in CCllIlQl with the a.II'lers srd oo::upiers of Ult No. 10, tlleit'hGiJ:$ W assigns. ~ c:ostot' llIaintahUrq, rep;d.rw and repl~ tl1e well and ~ter sy6tEn1 shall }::e paid halt :cy the C7IIl'lQX'III of t.at No, 10 Md halt by the ClM'lel'IiI of tot No. 11 and tMir mspecti. ":Vii! hahs ard u:siqz1.s. 'nIe ocst of Il\ll!ntll:lnin;l, 1:$'lirirq llM replaoirq 'A1:e:I:' li..nes not used. jointly shalt be paid by Uw. ~ of the lQt feJr! IHhose \:laMfit. t:he line eSd.sts. '.!!lis sharinq of ~ in COI1rlE!Ot;ian with the jQf.nt 'Ilse of' the lVell i!l'I1 wa~ IilYStem shall oon\:tnue only IilO lorq as said wall ar.d water sylllt.elJl. are jointly used. ~ OO...,a: AlL'IW\!r cmm.rn tnct ot laM with the iJlpmvemnts thel:'GOn erectEd situate in WaC PeMs001:l:I TclWI'IBMp, CUnbat'10\!'l11 county, Pennsy1~, ~ arxl descrihrit in ~ with Final. ~ivisicn I'lilll for D:I~ Rr;.wa prepimld by Wj.~ H. Clifton, tls!91stered SIJ1::ve';/oJ:, dated Ma:l:'ch 18, 1118<i, <l, copy of whidl 1s ~ in, the he:reinaftet' named lla':Ol'da-1s Office 1n Plan Eook 50, Page 6, ~ incol'JlOmted harein 't;/oj :refa.rerv;:e, a:o f'olla.r.;: BEGl:NNIm at a P. K. nail in the odqlna1 c:entGrl1ne ot thirty-(;hrQQ (33) feet wlde ~ip 'Read ~355, kra,m a5i ~~, at. 1:1\8 dividJrq l1nGl ~tween tots NCIi. 1 m:t 2; thIl1al ft'Ql\ said P. 1<. nail lit t:hA plaOl! of ~!nn.irq alon:r Riel divicUoo line Mtween said I.ot.lI Nes. 1 ~ :2, SAlth 20 c!egu!!li' 1:1. ~ 20 ~ J;lllSt, a dist.anc:e 0: 347.40 feet to an iron pin in line of 1= lIC1If or tonll!.t'lY of MarK E. ~; t:bm1oe alon3 linG of Mid lan3 :rUJ c1' tOrll'Q'ly of Mark E. Kseseman, Scmh 71 deg'rees ~5 IiIirtltes West It dlst.ance of 79.0a feet to a p:1St at ~ at Traot Ncl. 1 here..l.ni thenr:::e along liM 0: saf.d. ~ No. 1 hAt'tlin, North 18 deojtl tel 46 ll\inI.rt:es 20 sec:orrls West a <l1atanee ot 250.00 feet to a ~. K. nail :Ln the original c:ant:erline of ~id 'l.'clWnShi1l )cad T- 355, kr\l:Im IUI I'al:'ker PDaa, tMnce alorq said original cent:erlJne c:lf thlrty-tllrM (33) !ea.t wide ~ip :Read ');\-365, .krtam B5 Padcet' FeIld, North 73 ~.. 'Os !l2 min.:ltes <14 ~ ~ lit q1st:anr;e of 73.04 teet to . P. 1<, 1I"Ia.i.l lilt the plaoa of lleqi.nnirq. ~ AOOVE reCRIElEO b:ac:t of lmr:! contains a net: lln!II of 0.39'1 acres, exclwdvEl of the right:-ot-'l<laj' of (mid Toonship ROad '1'-035', kTdm as pgrkar 1b;ld, an::1 1sI all of tQt No. :a .lIS ~ on said Fwl SUbdivision plan tor b:lrothy .~ dated. Match 18, :l.llB6, :rea:l1:ded as aforesaid. SO J<<laf of the alxlVa described tnIl;lt =t lard as lies ~ithin 'tWenty-rive (25) teet:. o! the.or1g1ll&\1 c:4rl.terllne of thi~ (33) feet. ~ 'I'DWtlsh1p Road '1'-355, Ja1o;m DlIl l'arker Road, has been c.iedieatEd as a . l,,,-, ~, ~_. .'" '" .,1..,. . , ATTACHED TO AND FORMING PART OF SEARCH. p;:I~icn of the right-of""WGY or said ~ .,s shcI1In on said Final SUI:d1vision. Plan for p;q:oth:l' lltlWe date;! Mardl18, 19as. 2EIN:i the ~ traot lNhich ~:r" N. lll:Me. w~, by her dCllid c1ate:l April 90, 19B6, end xecoJ:l1ad in the OffiG1e of the ~ of D;Kds in IIl'd far: ~lBrd. county ;In Peed I!c:iok OW," Volume 31, Paq1iI 5211, grantOO an:l (XU'l'J~ unto Li.rda R. Mimich, Cl.OB oj; the qranl:Iml haJ:BirL. . - . ... - -.....II ....'qlhk Page 4 of 4 - , ~. ~ .c", _"~,, . c_~" " ,I. 'f~\ March 08, 2001 SINCE 1844 Dale E Acela IT A ~~~~~~:rp~d17241 EXHIB . Loan Number: 0011565942 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 HAVE 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. Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535 , ""- ~ ~, ~ . ~",j "< , t. -"L March 08, 2001 SINCE 1844 Kenneth S Acela 90 Parker Rd Newville PA 17241 Loan Number: 0011565942 Current LenderlServicer: Dovenmueh1e 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 HAVE 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. Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535 PAGE 2 OF 5 March 08, 2001 K S Acela 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 necessary 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 Emergency 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 Housing 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.) DL137 Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173.4982 (847) 619.5535 ," . ,,) '. ~ ~'~ '~,,-" ; -~'~',,' , ",,' -~,I . ~ ~~, PAGE 3 OF 5 March 08, 2001 K S Acela , 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: 90 Parker Rd Newville PA 17241 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 January 01, 2001 to present (at $ 634.42 per month) $ 1,903.26 (b) Previous late charges; $ 32.46 (c) Property Inspections; $ 8.75 (d) NSF Charges; $ .00 (e) Other Provisions of the mortgage obligation, if any; $ .00 (f) TOTAL AMOUNT OF (a) (b) (c) (d) and (e) REQUIRED AS OF THIS DATE: $ $ 1,944.47 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 $ 1,944.47, PLUS ANY 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, IL 60173-4982 (847) 619-5535 " ~ " L' . "''''.'.,,< "',",, . h_,., -',1_ ""';,w". PAGE 4 OF 5 March 08, 2001 K S Acela SINCE 1844 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 refers 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 may 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 default 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. DL13S/BIC Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535 ~- . , <" "" ., ." .' ",,""d~i.~;,J"' -'It\l' PAGE 5 OF 5 March 08, 2001 K S Acela , 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 " , '" . ,'" , ,"--,_ I,,' ,,', ., ]'ji' . . SINCE 1844 ACT 91 NOTICE DATE OF NOTICE: March 08, 2001 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage 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 Counseling Agency. 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 hearing 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 11amanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos a1 numero mencionada arriba. Puedes ser elegible para un prestamo por e1 programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cula puede salvar su cas a de la perdida del derecho a redimir su hipoteca. DL139 Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535 -... .,- ~~~3}~ (:i j I I I 'i i "j '!i :j ! ~I ,I i I J 11 ' I Co, ~;;1/i0/ <" . c{lj :Z;@J . - !l~!"" "~_,'" ~~~,-'~ . >~"~,~~,, ,.~. ""'^~'~ '~~"~~'''', .."....~.."". ~ OI'F1~f :i' '''I: M1ERIFF OU~~- ~'VNTY JUH 19 3 1!4 l'il'01 PE" i' C"L'I'" r~ l'~ ~) 1 ..'l f-dJ I Ii. ~., ~~fml~~~'lI'f~~~~lI'!'!"':'""'R;ry,,?"\'c'~',c1!""1-.t1l"""" , GOLDBECK McCAFFERTY BY: Joseph A. Goldbeck, Attorney I.D.#16132 suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff & McKEEVER Jr. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COpy OF THE ORIGINAL FILED DOVENMUEHLE MORTGAGE CO. LP 1501 Woodfield Road schaumburg, IL 60173-4982 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs. :ACTION OF MORTGAGE FORECLOSURE KENNETH S. ACELA AND DALE E. ACELA (Mortgagor(s) and Real Owner(s)) Term ~ No. ol-.$17;Z Cz,,~L leuu.., 90 Parker Newville, Road PA 17241 Defendant(s) QIV1L ACTION: MOHTGAGE PORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the 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 clpims 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 ente~ed against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 A V ISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVInO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NBCESSARIO QUE USTED, 0 SU MCGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE E8TA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGAOO IMMEDIATAMENTE. 81 NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Legal Services Inc. 8 Irvine RoW, Carlisle, PA 17013 (717) 243-9400 TRUE COpy FROM RECORD klT~Wj,:".,. :" "".~lmylw1tl -~ ..... _i ,.,(, <,. .." ",""'~ln "" ~ EJtI8I iJWiIIllf,A ..~,~,~ . <''':'';..<, :...:il.j ~"'-<3~H"~.-re.. '- "'J~~~~ Cumberland County Bar kssociatian 2 Liberty Avenue, Carlisle, PA (800) 990-9108 . ,'",1,'" ,",I',,,,. " I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COpy OF THE ORIGINAL FILED COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is DOVENMUEHLE MORTGAGE CO. LP, 1501 Woodfield Road, Schaumburg, IL 60173-4982. 2. The name(s) and address(es) of the Defendant(s) is/are KENNETH S. ACELA, 90 Parker Road, Newville, PA 17241 and DALE E. ACELA, 90 Parker Road, Newville, PA 17241, who is/are the mortgagor(s) and real owner(s) of the mortgaged property hereinafter described. 3. On October 4,1991, mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AVSTAR MORTGAGE CORP., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1030, Page 1153. By Assignment of Mortgage recorded December 8, 1997, the mortgage was assigned to Plaintiff, which Assignment is recorded in Assignment of Mortgage Book No. 563, Page 784. These documents are matters of public record and are incorporated herein by reference in accordance with pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due January 1, 2001, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 12/ 1100 through 6/30/01 at 9.125% Per diem interest rate at $14.96 Attorney's Fee at 5% of Principal Balance Late Charges 1/ 1/01- 6/30/01 Monthly late charge amount at $19.03 Costs of suit and Title Search Escrow Balance Deficit Monthly Escrow amount $93.35 $ 59,842.62 3,156.56 2,992.13 114 .18 560.00 $ 66,665.49 69.18 $ 66,734.67 7. The Attorney's Fees 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 based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the daters) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face to face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure the sum of $66,734.67, together with interest at the rate of $14.96, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: GOLD BY: J seph A. Goldbeck, Attorney for Plaintiff .~ ~, ~" ,I.,.,. ,__ I.,..; "lOJ' VERIFICATION I, Lynn Coady, as the representative of the Plaintiff corporation within named do hereby verifY that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: t J;;" h / , ' . , ,;",il',,:.;~ .~ , ,,-~',,-- . ATTACHED TO AND FORMING PART OF SEARCH. 1j'J;a.I1~, 1ooIl_ _.~_ 1J.J.x'IB:l;E 'm:J CERrAIN traabl of lan:l sitl:Rltla in Wast Pennsbora TClWnship, CJmberlll.rd county, Pennsylvania, I5S tollClWI ~ Ibf ~, AIL 'mAT CERrAIN t::I;aC:t of lan1 situate in West Pennsboro ~t Cl.lllt.erlan.1 eo.mt:f, Pennsylvania, ~ i'UU.~ in a~ with Plan of land SUlxlivision for Arthur Z. D::Me, ~red by carlO. :aert'., a.S. ., o:Jf!i of lltUc:h, dated July lSm, 18 ~ded in the he%9;\.na~ msnticnad :Recorder's Office in plan EooJ.: 24, Paga 36, as fpllcws: M::INN:I:NG at; a niln:w1 mpiks ;1n the ~ line C)f Parbr Road at. the Norl:heast.em Q;4.1lElr of tot No. :l,J. ~ ~ en.'tbB IIIl:lave nent~ plan of land suhllvilS"lon; thence .lon:J thlll ~ line oS!: Nics Pax'ke:r: a2d, North 73 deq.rees East, a Clistance of 200 filet to a ndJ.road sp~J \ thenoe alorq Una of lard fonlerly of Arthur z. Rowa an:'!. wife, JX1W' 'Ir.lct No. 2 he:te1n, Sooth 20 degrees 51 l\'dnutes East 250 feet to an in::tn pin; t.btn:ie by llUXS 'nCM or fonnerly of Arthm:' Z. bM am wi.fe, SOUth 73 d~ Wast II rllst.!mCa cf 200 feet to an iron pin at. the Southeastlolrn comer of.said I.ot No. :1.1: thenc:re al(ll'lq the ElIstem l~ tlf aa~ tot:. No. 11, North 20 dl..,jt~ 51 minu\::.es West, a dist:an::e of 250 feat. to a rai1J:cad spiJce .in the center line at Parker Road, the p~aoe ot, Sca:J~....~-. . ',.~:'. . ~............" 1'0 . , ~ SEW:; all af let No. 10 lIliI shown em l3!ir:t i'lan of ta.r:d ElUbdiv!slOl1 for Art:hw:' z. iIClW$. . . - I, . .' 'IHE Nort:Mrn mst twnty-ti'VEI (:as} fHt: of tho :abov~ dascdbed tract or lam, which includes a p:lrtion of tha ex4stirq dgl1t-af-way of Parkar Page 2 of2 .. ,., ~ ,'.'C < ,'ie.., ~,.., ",...; . , , , ' ATTACHED TO AND FORMING PART OF SEARCH. lbad, is. ~ dedicat:ed as a poxt!on or the rigbt-ot--way of lil3id Parker :Roi:ld. BE.m3 the ~ tract of lan:! whiCh Ruth H. taihl by 11m" deed elated Nlm:h 21, 1980, I!Ird re.;ordet;1 .in t:hs ottic:e of the Il.acorder of! ~ j.n Iln:l for om.berl.llrlti ~ in Cee:1li1c01c: "X, II V'cllUlle 28, Page 61, granbd ard ClClr1V&'JElCIl.U'lto Lin&t. R. Minn:l.ch, one of tl'lEI grantots herem. 'lll.E ABJY.8 ~CE is 1IlI.\de ureal' alld subje;;;:t. to the l':I.gh1: of the c:unen and ~1ers f:lf adjoininir Lot NQ. 1:1., their hei.n W'd aesigns, l;Q US;;! tbe well an:\ water syst.enlloc:ated on the within c=onveyed lot No. 10, in CCllIlW:ll'l with the I::lIoInem an:! cx:o.lPiers of Ult No. 10, theirheim and assigns. 'Ihe cost:. I:It mintain.Ul;, ~idm tIl'Xl nplao1n;1 tne. well am Wiilter sysbml all lz paid half by the a.IrlerIJ. of U:lt No. 10 an1 halt b1 the ~ of lot No. 11 an:! their respect. ive luIi.lS ard. aui.gn.s. 'l11e ocst of 1Nl.1nta:l.n.1n;J, npairin;J llM :replao1rrjt ..-ter lines not used jointly shall be paid by the CWI"letS oj! the l~ ftsr 't.hlse 1:laMfi~ the line eSdsts. '!tits &ha::r:!rq of ~ .in OOI1rII;!l:;:t;ion with the joint 1lSa ot the lieU ml watQ:l:" aystem shall oon1:inue only 5:0 long as said. 'WRll ~ water &yliltEiln are jointly use:l. ~ OO.-,~ AU. 'm1\!r ctm:rA!N tract ot lam with the iJIFovellm1"ts th~ erec::t:EQ situate m Wat ~ 'I\:lWMl'dp, ~liiU'll1 county, PennsylV8l'lia, botJrJ!eCl arxl descr~ in aoootdanoB with Vinal ~ivision Pli!lll for J:orcrl:hy Rct;ta prepared by Wiltlur H. Cltrton, ~1ste.red SUrveyor, dated ftla;1:d11S, 19a~, a oopy of whic:ll !1lI ~ in, the here.l..Mft:er named ll<<lOMQ:l:"ls OftiOll 1n Plan BoQk 50, Pat,te 6, an::! inoolpomted herein 't:JIj mfarence, as toll~; B6'GlNNIm at a P. K. nail in the oriqinal c:entlitrlil'le of thirty-thrQQ (33) fllfilt wide 'l\:lWrl5I'dp ~ '1'--355, bum as Pat'kBr ROad, at tJ'le divid1n;J l1na l:etween lQb:s tias. 1 m:l 2; 1:h~ ft'Ql\ sa14 P. 1(. nail at t:hA plaO!! of BeiiI~ alDDJ said divicUng' line between said lDt.lI bros. 1- am 2, ~th 20 c!eg1::~!!llI 1.1 ~ 20 ~ EaSt It d1stanc:e 0: 247.40 f~ to 1m iron pin in lir.s of l~ :na.I or fot'll'lUll{ ot MarK E. ~1 ~ alQOJ line of.Mid lard nJW ct." totmerly gf Hark E. Keeseman, Sc:ut:h 71 deql:'eeI.; ~6 mimtes West Il di~ of 79.0B feet to a post at l;XlXIZr of Tract Nl:I. 1 here.inr thel)::e alonq line of sa.:I.d 'hact No. 1 hl!.t'eUt, North 18 ~ 46 llIilmes 20 sec:onds West is cUst2ln:le of 250.00 feet to a P. K. nail in the. original c:enterline of said 'l'cwnsh1P Pcad 'II- :355, ~ as J?arker Road. tbm::e alorq l!laiQ orig1na1 centerline Qt th..l.rty-t:hrM (33) feat wide 'l'oWnship Read 'J:I-3!5S, known B5 PaziceJ:' }lead, North 73 ~.. es ~2 1II.inute5 '14 ~ East:. lI. Qutance ot: 73.04 teet to III p, 1(, naU at the pl~ of 1leqinnirt,J. '.QlE AOOW DFSCRIBEO 1:J:act of lll'ld contains a net area of 0.39'2. acres, exclusivE! of the r1ght'"Clt-way of _id 'l'wnsh1p ROOd 'l.'--3515, k:xlwn I!S Parlc:er Road. ard j,s all of ~t No. ~ u ~ on said Final sutdivilidon Pl~ tor b:Jmthy PD.Ie dated Mai.'ch 18, 1986, 3:'I!la:lrded as aforesaid. SO J<<Iai of the lllxIVe described trac;:t al! land as lielili .,,!thin t\lIE=nty-f!ve (25) tee!: ol the Ori9iNl c:enterllne of thi~ (33) feet: wide 'l'tJWtl5hw fIoacl '1'-355, Jax:r;m as Parker Road, has been c1edicated as is I; ",,-"~ -, , , ;, o.'J ".M' '<' ,~ . I "~,' ('It; . . , ' ATTACHED TO AND FORMING PART OF SEARCH. portian o~ th~ ~ig,ht.-of--WY or said ~ ~ shC1.m on =10 Final SUbdivisiQn. Plan for ~:t' l'atie datEd. M=:h 18, 19a6. ilEDG the ~ tract: \/hic:h ~1 N. \ll;:Me, wi(lc7.l, by her dIzIi:d dated April ~O, 1986, and recoz:d,&d In 1.1lEl Offit1e of th& ~ gf OlM:ds in an:1 rar: ~ county in D;led IlclcJt "W," Vt;Jluma 31, Paqq 528, ~tl!Id ani (XII'I'JeyEd unto Lin:1a R. Minnich, one oj; the grantors haJ:Elil'1. .. ~ .. _ _-..JI ...~~ Page 4 of 4 1 d~ March 08, 2001 SINCE 1844 Dale E Acela BIT A 90 Parker Rd Newville PA 17241 EXH,I Loan Number: 0011565942 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 HAVE 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. Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535 . , -",' - '~__, ,- , 'c' . - I '-o~:' , . March 08, 2001 SINCE 1844 Kenneth S Acela 90 Parker Rd Newville PA 17241 Loan Number: 0011565942 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 HAVE 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. Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg,IL60173-4982 (847) 619-5535 , ~ - 'w """'~n"'. ''',~.,- ,.1-.' -'~h~-i!, PAGE 2 OF 5 March 08, 2001 K S Acela . , 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 necessary 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 Emergency 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 Housing 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.) DL137 Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535 . ,j,v_ .' ~ ~'_ .< .~, ",'" '-~. 1..- 't< PAGE 3 OF 5 March 08, 2001 K S Ace1a , . 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: 90 Parker Rd Newville PA 17241 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 January 01, 2001 to present (at $ 634.42 per month) $ 1,903.26 (b) Previous late charges; $ 32.46 (c) Property Inspections: $ 8.75 (d) NSF Charges; $ .00 (e) Other provisions of the mortgage obligation, if any: $ .00 (f) TOTAL AMOUNT OF (a) (b) (c) (d) and (e) REQUIRED AS OF THIS DATE: $ $ 1,944.47 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 $ 1,944.47, PLUS ANY 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, IL 60173-4982 (847) 619-5535 ,",,'i. - .",'"" _lo -."',;J,-, PAGE 4 OF 5 March 08, 2001 K S Acela . . . ., SINCE 1844 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 refers 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 may 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 default 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. DLl38/BIC Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535 ~" - ,,^C ".' "''" ',~ ~- ' - ~ ,';'- !LJ, PAGE 5 OF 5 March 08, 2001 K S Acela . . 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 will 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 . ,'.^~', '-- . ,<,-- ",.,', ,"" ,.~'J. '" : liulf . . . . .' SINCE 1844 ACT 91 NOTICE DATE OF NOTICE: March 08, 2001 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage 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 Counseling Agency. 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 hearing 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 11amanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programa 11amado "Homeowner's Emergency Mortgage Assistance Program" el cula puede salvar su casa de la perdida del derecho a redimir su hipoteca. DLJ.39 Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535 . ;t ~iAfB1~~ "'~, "ijI~<.,~" .. . ,,'.., ," i' ';;,i 'J\'~ ....' ~ C!:V l!iI!.. OFFICE.' (:r T"~r: :--;'HEft'FF CIJw' F ' ":LiNTY JUH 19 3 ij!.1 :,1 \}i PEi:',., i'L\h'd,U ... ! _ !~~I!I!!ffll!,T~l"li~~",~W',,~fj!lI!!'~~f~~~I.,~"~"'1I.m\w.\'M''''''''~'''!.'''''-;'<'''''''k<1';':,'''';:'';'-rji'"'f1>'1'''%''~W~';\'jllI'Wl<"'''1'''I!f"'''.!R~'<'!O\';<j~~'fi{!\""~'-~J!lW""~"'''1~'''~~~ilf'l! "" i" . ,.;".~~ t;.'" GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff DOVENMUEHLE MORTGAGE CO. LP 1501 Woodfield Road Schaumburg, IL 60173-4982 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs. :ACTION OF MORTGAGE FORECLOSURE KENNETH S. ACELA AND DALE E. ACELA (Mortgagor(s) and Record Owner (s) ) 90 Parker Road Newville, PA 17241 Defendant(s) Term No. 01-3772 (Civil Term) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. GOLDBECK I Jr. BY: DOV-Q088 .""",""",,' ~.. - ~~. 1._, __~ _"/;: SHERIFF'S RETURN - REGULAR ~- ~ CASE NO: 2001-03772 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DOVENMUEHLE MORTGAGE CO LP VS ACELA KENNETH S ET AL DOUGLAS DONS EN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ACELA KENNETH S the DEFENDANT , at 2115:00 HOURS, on the 31st day of July , 2001 at 307 AVON DR CARLISLE, PA 17013 by handing to KENNETH ACELA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.25 .00 10.00 .00 31.25 .r~r:.<,~~ R. Thomas Kline Sworn and Subscribed to before 08/01/2001 GOLDBECK MCCAFFERTY & MCKEEVER By:QLd- Deputy Sheriff me this f Ie day of ~ ..J-c.ol A.D. t)~". (2 fl,,/ip,-, "fd? rothonotary , ,"~-" ., '--.,. . ~ . !lj" "'L-iIJ SHERIFF'S RETURN - REGULAR tASE~O: 2001-03772 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DOVENMUEHLE MORTGAGE CO LP VS ACELA KENNETH S ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ACELA DALE E the DEFENDANT , at 2050:00 HOURS, on the 31st day of July , 2001 at 117 BIG SPRING TERRACE NEWVILLE, PA 17241 by han9-ing to DALE ACELA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 7.80 .00 10.00 .00 23.80 So Answers: ~ :r-~~'~-f'~ R. Thomas Kline 08/01/2001 GOLDBECK MCCAFF Sworn and Subscribed to before By: me this /~ "'~ day of ~ 2M! . . A.D. , t2 In_Ph./ P othonotary -- ='~" ~ ~ ~ , C-o 0( 0" <-J-eA. STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ______________________________________________________________________________Ilecorderof Deeds in and for said County and State do 'hereby certify that the Sherirrs Deed in .which ________________ Federal Nat1 Mtg Assoc . ____________________________________________________________________________________ u thegr.onlee the sa~ having been sold to said gr.ontee on the _____~~!!_______________________________________ day or _______!!'!E:.:!'___________________________ A. D., r ___~:, under and by virtue or a writ______________ Execution . 5th . ________________________________________________ ISSued on the _____________ ___ __ ____ _______________ , Oct day of __________________________ A. D., Civil ______________________________.__________________ -___ _____ _____________ ____ _______ Term, : . 3772 Dovenmueh1e Mtg Co LP Number ______________, at the suit of _______________________________________________________________ . Kenneth S Ace1a & Dale E Ace1a _________________________________ __ agaIDst______ ____ _____ _____ ___________ ____ _ ___ __ ____ _______ is 02 _____, out of the Court of Comman Pleas of said CoWlty'as of 01 duly recorded in Sherifrs Deed Book No. __________!_~2page ____________. 2082 IN TESTIMONY WHEIlEOF, I have hereunto set my hand and seal of said office this ____~J..____ day or _______~---------------- A. D., iiA 0 '?_=__ -'fI4~-~-.-~-~~ \,'>' "-'dorOf!lll8dl. CIIftIlIrll!nd~ eo.-. "" iii)' c:cmm...ron EllpIIIlJ...FIIIilMllNlllrIlM'''' STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ______________________________________________________________________________Ilecorderof Deeds in and for said County and State do 'hereby certify that the Sheriff's Deed in which ____n__________ F~deral Natl Mtg Assoc . ____________________________________________________________________________________ ~ thegrantce the same having been sold to said grantee on the _______?~_l}____________________________________ day of clay of __2<::,!:______________u____ A. D., Civil ---------------------------- --...--------- -------- -- ------- _________']1__ -------- --- Term, : Dovenmuehle Mtg Co L , 3772 Number ______________, at the suit of ___________n_________________n_______________________________ Kenneth S Ace1a & Dale E ____________________________ _____ __ against_ ...___.. __ __ _______________ ____ ___ ___ ____ ____ _________ is 4893 ________~~:_:~_________________________ A. D., ; 2_~~:_. under and by virtue of a writ______________ E 5th xecution . ______________________________________ ___ ____d_ ISSued on the _ _____ ___ ____ ___ ________ __________ ___ 2001 _____, out of the Court of Comman PIcas of said County'as of 2001 duly recorded in Sheriff's Det:d Book No. ___________}~age _____________ IN TESTIMONY WHEREOF, I have hereunto ~ set my hand and seal of said office this dE__n__ day of ____ _ D!~_ =-====-~=~=~ =-.-"> "' ~.~'~"_ 10__ . '--"~. ~ ~'o' ~, ~' 1 t"-i~.q~ Dovenmuehle Mortgage Co. LP VS Kenneth S. Acela and Dale S. Acela In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3772 Civil Term Shannon Sunday, Deputy Sheriff, who being duly sworn according to law, states that on November 6, 2001 at 10:17 o'clock am, EST, 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: Kenneth S. Acela, by making known unto Kenneth Acela personally, at 307 Avon Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on November 6, 2001 at 10:33 o'clock am, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Dale S. Acela, by making known unto Dale Acela personally, at The Carlisle Hospital, 246 Parker Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 03, 2002 at 12:36 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kenneth S. & Dale S. Acela located at 90 Parker Road, Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Kenneth S. Acela, by regular mail to his last known address of 307 Avon Drive, Carlisle, P A 17013. This letter was mailed under the date of January 18, 2002 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly swom according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Dale S. Acela, by regular mail to her last known address of 117 Big Spring Terrace, Newville, P A 17241. This letter was mailed under the date ofJanuary 18, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck for Federal National Mortgage Association. It being the highest bid and best price received for the same, Federal National Mortgage Association of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution paid SheriffR. Thomas Kline the sum of $776.66, it being costs. -"'~ "'" , ,~"'- Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 15.23 15.00 15.00 30.00 10.00 .50 1.00 10.40 2.33 15.00 40.00 265.40 251.10 24.20 25.00 26.50 $776.66 Sworn and subscribed to before me This ~ day of o,v..-J 2002, A.D. ~ O~,A1f? ro onotary , .i . '" ',' ~-' ,~, .'~ , -;t~~"!;i;lJI<><,,::j ~fs.:r.~<~~ R. Thomas Kline, Sheriff BYVodJ..../ ~ Real Estate Deputy ~ CM)v 3/J,iN LSD Ctz.. 3 i..M'l' ~P.3r..7:J.- '-"-""""><--,,,',;< ' "4; ~ ~ Dovenmuehle Mortgage Co. LP , CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff Vs. Kenneth S. Acela Dale E. Acela NO. 01-3772-Civil Term Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Dovenmuehle Mortgage Co. LP, Plaintiff in the above action, by its attorney, Joseph Goldbeck, Jr., Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 90 Parker Road. Newville. PA 17241. 1. Name and address of owner(s) or reputed owner (s): Name Address (if address cannot be reasonably ascertained, please so indicate) Kenneth S. Acela 307 Avon Drive Carlisle. PA 17013 Dale E. Ace1a 117 Big Spring Terrace Newville. PA 17241 2. Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) N.Qna 4. Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) N.Qna .-' "''' ~t,\., , "",;...., ''''~''''~' , .' 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) Hl:lnl: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 (if address cannot be reasonably ascertained, please so indicate) Cumberland County Dept. of Domestic Relations P.O. Box 320 Carlisle. PA 17013 Pa Dept. of Public Welfare Bureau of Child S~port Enfor~ement Health and Welfare Bldg. Room 432 P.O. Box 2675 Harrisburg. PA 17105 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property that may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) Hl:lnl:i 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. #4904 relating to unsworn falsification to authorities. October 3, 2001 ldbeck, Jr. r Plaintiff ,"-" ~ ~~'" 1 .1. ' II ~ 1! , "~ (] Fl: ~ ~' i- '..'J OCT ['I f),-:::,__, I..." . " ,~, ~" "'.'~' ,-. ',," ~ ~-"., ..'I~',.. - -,-~",-." " 'f.:..'C",>""- ~--"" '<- '" ~~,-,,..,",,,,,,~,--"~' ,"~-,,~ "'w --~ "~~~H""~'~~]11T~~Ir [Snlr~ 10 03 .. !'l~~1*,~l"'l'~lJ'i~~~-ll1'ffi1rl!ll;_ 1<<!l!!. '!~'lIFF <~:iTY 'I{"; I Ul ',I (-\ ""1*~tfflj')f1>j~'.,*'!'~ll!'f"!1>'nT','-' ,''.1',,,-,,;,-,", ,--,_.;.. '''~C;.'''''''',''''''iI''1o/'r.;.:'''''F''4''';!'j-]!''_rn-gJ'''"''''''''jlI'&I'~f~~~~!l\Wil~~ql1~! - .',,'. .,' ''"~~, -"I ''''-'-k.'~,,~ \ f GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 6?7-1122 ATTORNEY FOR PLAINTIFF Dovenmuehle Mortgage Co. LP Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Vs. Kenneth S. Acela Dale E. Acela NO.01-3772-Civil Term Defendants NOTICE OF SHERIFF'S SAloP. OF REAr. P.STATP. TO: Dale E. Acela 117 Big Spring Terrace Newville, PA 17241 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 90 Parker Road. Newville. PA 17241. is scheduled to be sold at the Sheriff's Sale on March 6. 2002 at 10:00 a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013 to enforce the court judgment of $68.590.43 obtained by Dovenmueh1e Mortgage Co. LP (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the Back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call: (215) 627-1322 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. ~I ; ~~,~ , .~. ._'~ , ~ 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.) 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 Sheriff's Sale sold to the highest bidder. calling (215) 627-117.7. is not stopped, your property will be You may find out the price bid by 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 the Sheriff's office at (717) 240-6190 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 full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At this 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within 30 days of 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 the posting of the Schedule of Distribution. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (800) 990-9108 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 '" '. .. '" J~ "L", .:... J ' .', "~. :it-. GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 (7.1 <j) fi27-117.2 ATTORNEY FOR PLAINTIFF Dovenmuehle Mortgage Co. LP CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff Vs. Kenneth S. Acela Dale E. Acela NO.01-3772-Civil Term Defendants NOTICE OF SHERTFF' S SAT,E OF REAr, ESTATE TO: Kenneth S. Acela 307 Avon Drive Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 90 Parker Road. Newville. PA 17241. is scheduled to be sold at the Sheriff's Sale on March 6. 2002 at 10:00 a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, 200 Floor, Carlisle, PA 17013 to enforce the court judgment of $68.590.43 obtained by Dovenmuehle Mortgage Co. LP (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the Back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call: (215) 627-1322 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. 1..-.; ... 4 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.) 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 Sheriff's Sale sold to the highest bidder. calling (215) 627-1122. is not stopped, your property will be You may find out the price bid by 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 the Sheriff's office at (717) 240-6190 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 full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At this 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within 30 days of 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 the posting of the Schedule of Distribution. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (800) 990-9108 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 10/17/2001 13:34 FAX 215 627 7734 GOLDBECK '" . ~ '" , "-, ..,~~ '. ""' ',l ~002 '1, " ALL THOSE CERTAN (racts ofland situate in West Pennsboro Township\ Cumberland Cc unty, Pcnnsylvania, as follows: ! TFACT NO.1: ALL THAT CERTAIN tract ofland situate in Wcst Pennsboro Tc wnship, Cumbcrland County, Pennsylvania, bounded and described in accordance with Phn orLand Subdivision for Arthur Z. Rowe, prepared by Carl D. Bert, R.S. a eopy of wr ieh, datcd July 1973, is recorded in the hereinafter mentioned Recorder'sf Office in Ph 11 Book 24, page 36, as follows: BE GINNING at a railroad spike in the center line of Parker Road at the Northeastern co. ner of Lot No. 11 as shown on thc above mentioned plan of land subdivision; thence ale ng the center line of said Parker Road, North 73 degrees East, a distance 6f200 feet to a r lilroad spike; thence along line ofland fonnerly of Arthur Z, Rowe and wife, now Tr. .ct No.2 herein, South 20 degrees 51 minutes East 250 feet to an iron pin; thence by lar d now or fOlmerly of Arthur Z. Rowe and wife, South 73 degrees West a ,distance of 20) feet to an iron pin at the Southeaslern comer of said Lot No. 11; thence 'along thc ea!tern line of said Lot No. II, North 20 degrees 51millutes West, a distance of250 feet to I railroad spike in the center line of Parker Road, the place ofBEGINN1NG. Ta ( Parcel #46-09-0517-053 Be ng known as 90 Parker Road, Newville, P A 17241 OCT 17 2001 14:54 215 627 7734 PI'lGE.02 l1F"~ " . , . " ~ ,<, .i,i' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 01-3772 CIVIL 19 CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Dovenmuehle Mortgage Co - LP from 117 Kenneth S. Acela, 307 Avon Dr., Carlisle Big Spring Terrace, Newville PA 17241. PA PLAINTIFF(S) 17013 and Dale S. Acela, DEFENDANT(S) Real estate located (1) You are directed to levy upon the property of the defendant(s) and to sell at 90 Parker Road, Newville PA 17241. (See attached legal description.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARN\SHEE(S) as follows: and to notKy 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 an subject to attachment is found inthe pof;session of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as agarnishee and is enjoined as above stated. Amount Due $68,590.43 Interest 10/2/01 - 3/6/02'@ $11.28/diem Due Prothy L.L. $.50 $1. 00 Atty's Comm Atty Paid $186.65 Plainlnf Paid % Other Costs Date: October 5, 2001 CURTIS R. LONG I Civil Division by: Deputy REQUESTING PARTY: Name Joseph A. Goldbeck, Jr., Esq. bYl1:e 500-Tne oourse i:l1dg, Address: . lIS Independence Mall EAst Philadelphia PA 19106 Plaintiff , Attorney for: Telephone: Supreme Court 10 No. (215) 627-1322 16132 -- iU~'";;J'i;",[",-";j;"...'.l'-,,.!,!::j"'b".,',"..;c,,:,, ",LU ,,,,,,,,,,,J.lcn&':':'~,, 6.:,-,,'- '" ,',,' ,'". :,,, ." ",' ,'_< . '" .' ~," ';'H' ':~"! ,W' >~,,',"4,,",,";;,h;';' *l~;;i'~.!I>"",'O\i*,_<"~"''&&,h,-,;,;,'":'"'''''-''-''''~~~'',l,fu'...,'~'''''.1!'rliC!"",,,-,,,,j[~J.i.~'~ < ~ ~ ['ij.ul!j;'o.<'"" nO ~,,- L.IlW.' - REAL ESTATE SALE No. 13 On October 31,2001, the sherifflevied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA, known and numbered as 90 Parker Road, Newville, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 31 200 I By: 9()~ s. S~ Real Estate Deputy " I " n _\ ,.",_...1.__ i C' ,~, ""\ f; I , Le, l ", J.\ DO " '",:,'i., '__~~""_:" (....-f;,,-,:', ':""-1l' .;l\:.ti\'it.';~'1"~ L,I!UIU ~ ".. ," G;) '=t;;) ~ r:= \...~ t:J r;:u;:; 111:",:7,' 'I. ~~- REAL ESTATE SALE NO. 13 Writ No. zoo 1-3772 Civil Dovenmuehle Mortgage Co. LP VB. Kenneth S. Acela and Dale S. Acela Atty.: Joseph Goldbeck Jr. ALL THOSE CERTAlN tracts of land situate in West Penosboro Township. Cumberland County. Pennsylvania, as follows: TRACT NO.1: ALL TIiAT CER- TAIN tract of land situate in West Pennsboro Township. Cumberland County, Pennsylvania. bounded and described in accordance with Plan of Land Subdivision for Arthur Z, Rowe. prepared by Carl D. Bert, R.S. a copy of which. dated July 1973. is recorded in the hereinaf- ter mentioned Recorder's Office in Plan Book 24, page 36. as follows: BEGlNNlNG at a railroad spike in the center line of Parker Road at ~e Northeastern comer of Lot No. 11 as shown on the above men- tioned plan of land subdivision: thence along the center line of said Parke;r Road, North 73 degrees East, a distance of 200 feet to a railroad spike; thence along line of land fonnerly of Arthur Z. Rowe and wif~, now Tract No. 2 herein. South 20 degrees 51 minutes East 250 feet to an iron pin: thence by land now or fonnerly of Arthur Z. Rowe and wife, South 73 degrees West a distance of 200 feet to an iron pin at the Southeastem comer of said Lot No. 11: thence along the east- em line of said Lot No. 11. North 20 degrees 51 minutes West, a dis- tance of 250 feet to a railroad spike in the center line of Parker Road, the place of BEGINNlNG. Tax Parcel #46-09-0517-053. Being known as 90 Parker Road. Newville. PA 17241. I~' ~, ." '~~ ~"J.>' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esqnire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly swom, 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, VlZ: JANUARY 25, FEBRUARY I, 8,2002 Affiant further deposes that he is authorized to verifY this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~~ Roger M. Morgenthal, Editor ~ SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002_ NOTARIAl 1.001 E. SN'!1JER, Nclaiy PublIc Carlisle ilm"J, Cllmbei1llnd County My Commisaloo ~ MarI:I! 5, 2005 ,[ 1I.!IIIlIK~ ~,,' " " r."'1'.<"1'~,c ,".,,=""~,_, _.'ff,=N,"~c 'c'~'~ ,~,~ ~ ~,~_ _~,. ._ ~ '0 r ,. , ) , .. . ....~ 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 Michael Morrow being duly sworn according to law, deposes and says: That he is the Ass!. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and 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 f Dauph' in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy S ALE #13 Notarial Seal To"y L. Ru~II, Notary Public Harrisburg, Dauphin County My COrnmisslon ExpI,esJune 6, 2 NOT< Y PUBLIC Member, PennsylVania Association at Notari.llJl .. . J 6 2002 My commiSSion expires une , . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 249.60 1.50 251.10 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... . ~.... (, . - J,_'--"'-- ._,-~_~~__ c'. ~ - REAL ESTATE SAJ.E No.13 ff'.,..~ . Wrll N9, ~bo1~i'7ii o. Civil Term Dovenmuehle Mortgage Co. LP ~ ..',_-., vs Kenneth S. Acels affifOale-S,J\cela co Atty: Joaep~ Goldbeck, Jr. DESCRIPTION ALL THOSE CERI:-11N tracts of land situate in ~ West Pennsboro TOZlnship, Cumberland County, . ~ennsyI-~',l!l!.ia, ~ fr:?Jl.ows; _ __ ._ ~cr NO. I: ALL THAT CERTAIN tract of - ,,~W~t:-Pen.nsJXJrq r~p, _ ,_WlO,.CQunty.LPennsyJVarlla" b:o~~--.JIDd in-accordance' wit!) Plan' Q1:~ - Jc.~,O!=-". Jv. ,~~_~fe.P.areap~_~.1: ert.- S,.acopy of wnich, DlUedJuly b.13,i~ ' :oroea-in ihe fiereinaffer mentioned Rec~'s Ifscinilan Bqok 24, page 36, as follows:--. _ , :BEGINNING at a rai,Iroad spike in the center line i;.~t~~L~!t~ No~egstem $-orneufLot_ :._M'o. II as SbOWD on the ~bove mentioned plan of land subdivision; thence along the center line of said Padrer Rood, North 73 degms Bas, a distance of 700 feet to a railroad_ spike; thence 1.. ., --alongJin~_o(land formerly.ofArthur Z. Rowe and ,_~"~ now tracfNo. 211erein; SQuih-20-degieeS 51-- .,JDinPJe$ East 250 feet to an irOn pin;, thence by ~land, now.or form.erly__ofArthur Z. Rowe and wife, ",!,~@.th.73 degrees West a distance of 200 feet to an =jrotl pin at the Sr;mtheastem comer of said Lot No. -11; thence along the eastern line of said Lot No. __::1l,North20degreesSlminutesWest,adistallce ~159 ,{e.etJ.Q.a.l:ail\(!~d_spike 1n th~ center line of ~ :PaareIRO.E.g" the pI~e ofBEGJ1\1NlNG. ~1'i<c.elR96-09,o5\7.053.. ~... . 0 _ :ElE,INtnnejwn as 90 Parkti~ Road, Newville, PA -17241. 0 t. .. ~ ~. ..; "h .. , , .L, ~,c.~' ~;j GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Michael T. McKeever, Esquire Attorney LD. #: 56129 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF Dovemnuehle Mortgage Co., L.P. 1501 Woodfield Road Schaumburg, II. 60173-4982 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-3772-Civil Term Vs. Kenneth S. Acela Dale E. Acela 90 Parker Road Newville, P A 17241 AND NOW, this ORDER 3 ~ day of '1''-- , 2002, it is hereby ORDERED and DECREED that the Sheriffs Sale of March 6, 2002 of the Property located at 90 Parker Road West, Pennsboro Township Cumber County, Pennsylvania is hereby CONFIRMED that the Sheriff of Cumberland County is directed to prepare and record, at Plaintiff s expense, a Corrective Deed containing the proper legal description of90 Parker Road West, Pennsboro Township Cumber County, Pennsylvania as more fully set forth in Exhibit "A" hereto. ~~-;:.,...~-+j:::,~ ~ ~ 11c..~ -+ 7rlc. ~ 1o/3/{)~ . ...3.1'. BYTIIECO~ J. =-" ~~ ^' "' ~~d-': GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Michael T. McKeever, Esquire Attorney I.D. #: 56129 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF Dovenmuehle Mortgage Co., L.P. 1501 Woodfield Road Schaumburg,IL 60173-4982 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-3772-Civil Term Vs. Kenneth S. Acela Dale E. Acela 90 Parker Road Newville, PA 17241 PETITION OF PLAINTIFF TO APPROVE CORRECTIVE SHERIFF'S DEED PlaintiffDovenmuehle Mortgage Co., L.P., by counsel, moves this Honorable Court to confirm the Sheriff s Sale and for other relief and assigns the following reasons therefore: 1. Plaintiffs Complaint in Mortgage Foreclosure was filed on June 19,2001. 2. The real property foreclosed is located at 90 Parker Road West, Pennsboro Township Cumber County, Pennsylvania ("Property"). 3. On or about October 15, 2001, an in rem judgment in mortgage foreclosure was entered in favor of Plaintiff and against Defendants and a Writ of Execution issued. The property was identified as above and the correct legal description was attached to the Complaint but not to the Writ of Execution. 4. The Sheriffs Sale of the Property was held on March 6, 202 and Plaintiff was the successful bidder for costs. There was no competitive bidding. 5. The Sheriffs Deed to Plaintiff was recorded on March 28,2002. 6. The Property was advertised with the correct property address and Tax ID Number, but part ofthe legal description was missing. 7. The Defendants have not taken any action to invalidate the sale. 8. The incomplete legal description has created a cloud on title and prevents Plaintiff s assignee from selling the Property. 9. Plaintiff and its assignee would suffer extreme prejudice if it must re- execute upon its judgment in order to correct this error. 10. Defendants have suffered no legal damage due to this typographical error. II. For all the reasons discussed above, the Sheriff s Sale should be confirmed and the Sheriff directed to issue a Corrective Deed. WHEREFORE, Plaintiff prays that this Court enter the attached proposed order directing the Sheriff to prepare a Corrective Deed. Respectfully submitted, , J~; I ~-~L -- d ~ -" j~'<;;'1 GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Michael T. McKeever, Esquire Attorney LD. #: 56129 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF Dovenmuehle Mortgage Co., L.P. 1501 Woodfield Road Schaumburg, II. 60173-4982 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-3772-Civil Term Vs. Kenneth S. Ace1a Dale E. Acela 90 Parker Road Newville,PA 17241 MEMORANDUM OF LAW The legal description attached to Plaintiff s Complaint contained the correct description. However, when Plaintiff issued its Writ of Execution, a portion of the legal description was not included. The metes and bounds description, tax identification number and street address are all correct. Following the Sheriff's Sale, the Sheriffs Deed was prepared and recorded using the incomplete legal description. There is no equitable reason to require Plaintiff to conduct a new sale as there is no possibility of any benefit to the Defendants. The Sheriff s Sale should be confirmed and the Sheriff directed to issue a Corrective Deed, at Plaintiff's expense. Respectfully submitted, , ,~, - .J_"L~.<:!.'Z; -, ) lO/OVAl 06:S2 '5'717 97S 0697 DI,ANE RADCLIFF ~007 -'--~*~:G?~i,G:;::};fi.t~;~~l~ii~]Mi~ii~f~~~: SCH~DULE C .f Number 1 ?--J';;'" 91 " .~. The land referred to in, thiS 'CoJJUDltmeat Is described ai, fol~ws: e~4z b+ ft ALL '!El:SE '!WO. (02)~. '. ~of lmJd situate in west Pemlsbore Townsb:4>, CunDeo:laIld OJuntr, ~~, as fullows, to wit: mllC'I'!D. 1: ALL =.cEI~AIN tracrt of lmJd situate in west ~bo7;o 1bwnsIrlp, Clmberlanll OJuntr, Pennsylvania, boUnded and desaril:led in accordance w~th a Plan of Lan9 Subdivision for Arthur z. !lowe, pNpared by carl D. Bert, R.ll., a COpy of \'4Uch, dated July, 1973, is :J:eOlJ1iled in the llere1llafter montioned Recorder's Off~ce in Plan Book 24 at. page. 36, as' folJJ::lwa,' to wit: BEGJ:NNING at a railJ:oa4 spike in the center line of ParI<er Road at the no:rtbSastem =rner of r.ot ~.. 11.... shown on the. above mentioned plan of laIld _vision, thence along the center line of said Pal:I<sr Road N:>rt:h 73 degrees East, a' distance of 200 feet to a :adlroad spike, theDce along line of lands foI:mer1y of Arthur Z. Rowe' and wife, now Xtaet no. 2 bsarln, SOuth 20 degrees 51 minutes I!'ast 250 feet to an imn pin; 1::lmace by.land<! N/F of Al:t:hur Z. Rowe and wife, SOUth 73 degrees West a distance of 200 feet to an iron pin at.tbol SOtII:heastern corner of.said Lot NQ. 11; thence along the eastern line of sai(l r.ot N:>. 11. N:>rt:h 20 degrees S1 m:l.nutes west a Ilistanee of 250: feet to a raiJJ:oed epll",dn the center line of Pal!'ker !;oed, the Place of BEXiINNING. . '. BEIl!G ALL of.LotNQ;.10......sb:lwn on sajtj l'lan of Land SUJ:division forllrtbur Z; Rowe. '. .,. .' . . ,. , . '!be nort:heDmoet. 25:. feet of tbol ~ "~~""""he:i 1;r.>et of land, .>4U.6h inc1udee a portion tif the.e>dst:lng. rlght.of way of. Pal:I<er. Road, is jwreby dedicated as' "- portion of therlght oft<ay of sai(l ~ Road.' . . mllC'I' !D. . 2: ALL 'DiAT c:e:aTAIN tz=I: .of land with the ~s tha!:l!on eteeted situate in W....t _bore TowrISll1p. CIIIlberland O:Junty, Pennsylvania, 'bounded and descr.ibed. in ac:eatdenee with' F:Inal. Sul:dJ:nsion Plan for =thy Rowe ~ by Wilbur H. Clifton; R.ll. dated Mamh18. 19861, a COpy of which is ~ :In. the . henililaftar'named Peco....~,...'" Office in Plan Book. 50 at page 6, and :lnco.qx>rated here:ln by refiol:enca. as follows: IEGImmG at a P.I(. Nrll. in tte o::lglnol OfI'Ite!:i!noof 33. filI!lt _ ~ Il::ld T-3SS, !<wol8S Rlli<al: Rm. at the ctivit.lirg 1lIB b!b.ile> rots RE. 1 ea12, 1:\:&I:B fmn &rld P. I(. ~ at tI:B phoa of ~ al<;qJ S!dd ctivit.lirg 1lIB b!b.ile> EBId rots N:>. 1 _ 2, S:utb 20 d!ig<a;a 11111lmb!ls 20 s:o::o:h EBet " d:!slmI:a of 247.40 filI!lt to .... brn pin in Jine af Jan:b WF of MoI:k Eo 1 om'; 1:\:&I:B <Jlo:g lira of &rld ;la"tI$ WF of Milk Eo 1IeEsEm!II, a:uth 11 CEg:aE 4S rnln.1lis _ a ~ of 19.(8 fuel: to a p:sl: at <tXIE!!:' of ~ N:l. ~ I:aaIn; 1:\:&I:B aJa:q :um of &rld ~ N>. 11EmJn, bbcth 18 ~ 46 rnln.1lis 20 El!lXl"ds _ "dlstan:e of 2'1iO.OO filI!lt to a P. K. mil in fiB a:iGiml cs:lI:aI:iiIe af &rld 'I!:>mrlp R:siT-3SS.'l<rI:w\ as !li1lI<eI: R:a:l;.11J:ttB aJa:q said a::IgIml CSll:E!d:Im of &rld "ItwSllp R:si T- 355. 1oxw1...._lad. _ 13 ~ 52 mImtss 44 ~ E$t a cllsI:ama af 13.04 filI!lt in... p. I(. mil at tI:B I!Im> of BiGil'NIN>. nt:: 1!1;01& '"H K' _, , t:l:a:lt of 1ard o::nI2rlIB a not ...... of 0.392 """". e>clmi\e of tte :dg:lt of '"II' of &rld 'Jbm!h:i,p lad T-3SS, Iclno'I os ~ RZ, ad:ls aU of rot N>. 2 as eIuon a1 &rld F.lm1. s.td:M:skn Plan i1:r Itm::Jiv ~ datedMmil 18, lSl86, .-. ..1-.1 as ~.;,.q ID Mnl of tho <lx7.e ~ t:l:a:lt of lali ... lies >ZiIllln 25 feet of tho odgIml Cl!l1lSl::1:ire of 33 _ _ 'llHH:dp R:B'i 'lIo355. !<wolfS Ill1:1= R:B'i, 1m !:en .....,.,....., ... a p:Jd:lal of tho :dg:lt of >a}{ of &rld lrfrl as l!i:nn en S!dd ESml s.irlMskn 2lin li:c rnrotilY Il>oa ditei Mm:h 18, J9ll6. ".' ~,...... ..j",. '~.,~:i , , VERIFICATION MICHAEL T. McKEEVER, ESQUIRE hereby states that he is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Petition of Plaintiffto Approve Corrective Sheriffs Deed are true and correct to the best of his knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P .S. section 4904. ~'.. '. - ~ .~ >" ...~~," , . GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation ATTORNEY FOR PLAINTIFF By: Michael T. McKeever, Esquire Attorney LD. #: 56129 Suite 500 ~ The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 Dovenmuehle Mortgage Co., L.P. COURT OF COMMON PLEAS 1501 Woodfield Road CUMBERLAND COUNTY Schaumburg,IL 60173-4982 NO. 01-3772-Civil Term Vs. Kenneth S. Acela Dale E. Acela 90 Parker Road Newville, PA 17241 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Petition of Plaintiff to Approve Corrective Sheriffs Deed was sent by first class mail, postage pre-paid, upon the following on the date listed below: Kenneth S. Acela Dale E. Acela 90 Parker Road Newville, PA 17241 Sltzrl'~ oF Cumlur/(lmd' a,. Opt; ~f)ur .JI"n/~ ~. (tarks/, ,P,a.. /711/3 , GOLDBECK, McCAFFERTY & McKEEVER Date: 3j,/CM Mi ael T. McKeever, Esquire, Esquire orney for Plaintiff , ~. ->> "'k, _J$m I Goldbeck, M~Cafferty & McKeever .. '" BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff Dovenmuehle Mortgage Co. LP 1501 Woodfield Road Schaumburg, IL 60173-4982 Plaintiff IN THE COURT OF COMMON PLEAS Vs. Kenneth S. Ace1a Dale E. Acela 90 Parker Road Newville, PA 17241 Defendants OF LVII\6fe.LkNl> CouNt CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE TERM No. 01-3772-Civil Term CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (e) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( V Personal Service by the Sheriff'.s Office/competent adult (copy of return /' attached) .p".... JODI f... S/lIIIH SiU.ve.D h!h 10 I. K"ENNf:l1t -I--J)~ Ac-E.cA-- (j(1 Certified mat} by Joseph A. Goldbeck, Jr. original green Postal return receipt r ~ attached). l:..t:NNrtrn-5. Ac-.H..A- ( ) Certified mail by Sheriff's Office ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant (s) of record (proof of mailing attached) . Acknowledgement of Sheriff's Sale by Attorney for Defendant(s) (proof of acknowledgement attached) . Ordinary mail by Sheriff's Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriff's Officelcompetent adult (copy of return attached) . Certified Mail & ordinary mail by Sheriff's Office (copy of return attached). Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respec & McKeever eck, Jr. iff Go1dbec By: Jos Attorney ~~M1-liili11iiiBr>>.i,"l(fii,;,I':J;''jjM!f;Jlliffi!'lilil!~lljIM.lltl~""-;:q.",i'iI""--;",,",,,..;!t,~,,,tt..M;"~Ii:'li,,,,;Q-j;;&W;;J.lMi~~R,<illJl:i,.tiOIlU~__ ~dLJ L .JI[:.J~,[ , ~IIII!RI" ," '" .", ,",U,""" "~'''''' "... " r'iIlmuaa~~- , "~,. \ .. 0 C' Q C IV ~ ""'- ."Ote J:.:."'" 1T1rT1 :;~ -c; Z'T Z'C r.., i-r-; (f.~ <,,,:: \1) -<...:.-.'- 1-' L r:'r- --=.. '- ' <:-...-' ;:;:;> :~~~ >'C -'- 20 >'C '8 ,'----,ITi '-~ 2 ~ ~ =< :u -.l =< " .' 1 ,'I :! :r " ACELA, KENNETH s. KENNETH S. ACELA 307 Avon Drive Carlisle, PA 17013 " -~~-~---- "",' '.. .... " . !lENDER: , 1i1)l~q:~ln,1i ~ .! J jl '''> rid' 0 - mberland - Domestic' J!tetum Receipt }ld ii " " 7160 3901 9844 5199 9162 TO: ACELA, KENNETH S. KENNETH S. ACELA 307 Avon Drive Carlisle, PA 17013 SENDER: GOLDBECK MCCAFFERTY & MCKEEVER October 3, 2001 REFERENCE: ACELA, KENNETH S./ DOV-0088 - Cumberland PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE . Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service p ~ co co Receipt for Certified Mail I 1 No Insurance Coverage Provided Do Not Use for International Mail ~~u~,_n_.'____,_,"..,-:,._"__,,,-~"=_,-,,>,,,,,_,_,,_" .,___ . 7160 3901 9844 5199 9155 i ! TO: I I 1 i -j i I 1 i ACELA, DALE.E. DALE E. ACELA 117 Big Spring Terrace Newville, PA 17241 SENDER: GOLDBECK MCCAFFERTY & MCKEEVER October 3, 2001 REFERENCE: ACELA, KENNETH S./ DOV-0088 - CumberlMd PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE . Return Receipt Fee Restricted Delivery Total Postage & Fee$ US Postal Service Receipt for Certified Mail -,---_._- '-.~'-'_._--"',~.._~--~-",-~,---'.',.._---,---_. "--- ----- No Insurance Coverage Provided Do Not Use for International Mail " . ~'I-' -", ","'""",,,',^"'r'f ,- Ii' - () o c. l> o ~ --- OJ , r\ ~ ) ) f 8 ()Q ()(J u <J> -n . o 3 '" C1> ... :' :>- ~ '" ., '" () o 3 .., . ;; .,. '< ~ 1 . ~ :; 2'" o ~ III ~ ~~&~~~;1 ";fi5..~~S~LT~ _ "a~:;)..<l>E: ~aSO~5.~a. '"0 ~"';::..~8 ~ lD 1-=3~tt9.~~ :J~F~oa-2-.::!: rng=~~m%8 gil!ia3~~ ..g,;:03~""~ - ~g~Q.g~ . "c.3 ::.i" i~~~'81 .psgj,f!i, o ...,a.a~- ~:;'3 .s.. i~~lgg 3!t'1:JQg~ &_~ l!~ n g ::.sdj l~ !!.-.::I 0 3~ii'tg~ ,.,.... 0.0 ==g:~:j~. (l)iP'''$wa la~3.a a !!:8!!"!l.B Iji..g~i =.~S'Q,!!!.. ~g.~g-i.3 i5"~~ii 1Cl! =~aa 10.."0 ~n . .. 3 ~ &. ~l:;) ~ qo~ii~-i g go g &~ -:3i\\,g~ "~::S"Q 5'l!. (/)' ";t 01 3 g~i:ii~ nO!!!.. :J_ a~~~~~ ~H 3;~ ~~~ ~Ql .0--< ..........(10 13." .c"',8] ~~: ~~ g: 0..""'0.....11I r... .0 ;;-~ ~Z ~c ~3 U>~ .. o , ~!l. '.. .. o . . "'<1 g~ <2 .c ~3 ~~ ..' g ~' -.. ~~ ~. " o ~ . ~ .. ~ 1 . o , ~ 11. " <l . ~ ~ . ~ ~ '" ~ .to. ~ '" ~ IV ~ ~ ~ o I" (f) (X> -oJ ~=~ $ ,,- .. '" 0 =ttQ'~ J'll {I.:! > 't1''t;J n >:U!, = . -'" ~f . " ~~, Q) ('lW,", !lSg -">J:! ~<~ ~OP- "=,,, >tI. "-':l,> ,,< 0 on2. - . w ~ '" .to. '" ()""Cbn .' o. ::l.PSEl ~t:O~a' ~ ~g.g. "w = >N~~ _O'-() --.l t;.o o o. ;; ~ ~ ?' o ~ -0 ..0 ... >t>t o..to- ~".~ -0 VI '.1 ..~ VI....... ..... ii: .. ~,\ ~ ~ ~\'l ~ ~ ~,~\, (') :z -':1 00 U1 g < r..1 '" .:, ...~: ~;: ::: ... ... \,,~: .... .!I! .' ....'. . -"0 -0-" -" c:lc:l 0'0-" .. IV ~~U:: ~tag.!i q ~ gO,. gq ~ p. () ~ ;e~~[~ .... ;;t:l.=- ;::! ~ ~ g: 5: !ll~ '" p.,,~ ~~f . ~ ea S!. ~ r o . 9..):>~ "'''3 lP ~. " . " "-" !:lIlo.. T g ~....c.n6 ~~c: txJ ~~~~ i[g~ ~ I ~~~. -<l::lQ i~~ a:s:Oll<'> llIg,e,E:: ~ill ~?; 5-9.: ~ . ,. n n :: . . . if 3 ,. .. : ~ . , n ~ o 1:. n :: . it 0000,,"..0 ~ 0() 05')l~~ 4> g~i~~ a....oa ~.a 3 ~ :lDoO ... . . 05'0-;Q G...,.al<D '--::+e 9~ g~~3 G<).:J P 0.;0 U3 ==.:;!roo <lI lll,fi 3.!!!.. tj pl' ...::r --5' ~ >:? :u ~2--6 ~ ;;~ -9 ~ ~~ S; ---2 ~ . 0 - " ~ "- ". . <, . . _c c. .n " c "'. OU> O. ";[ ~ 00;; i:;o ~~ .,.0;- 0.. n iff '" 00 - :~ z '5'. 2- :! ii ;i! c "- ~ " ~g~?i "!.~n X ~;;;!!~ 8::::;3 adJu g Iiii' ~o~ 8-'" ~~~ (h 5.~ Q,~ 0. &10 .0 - "U> ~o - r0 :?ci' ~ :r. ..... 0 -! ~ 3" n(./).....Jl) ~ ,; Cl ::o-x. "'0> .." ~.1l : 0 ::.{ .., ~ 3 ~ f;o'" CON/;4 ~' i3'.~. ;;;,. '\ t\,~ P?//fd j~\\\.S ....- " ", , .'J.... ; t tl 'Wi" Dovenmuehle Mortgage Co. LP Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Vs. Kenneth S. Acela Dale E. Acela NO. 01-3772-Civi1 Term Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Dovenmuehle Mortgage Co. LP, Plaintiff in the above action, by its attorney, Joseph Goldbeck, Jr., Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 90 Parker Road. Newville. PA 17241. 1. Name and address of owner(s) or reputed owner (s): Name Address (if address cannot be reasonably ascertained, please so indicate) Kenneth S. Acela 307 Avon Drive Carlisle. PA 17013 Dale Eo Acela 117 Big Spring Terrace Newville. PA 17241 2. Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) NQne 4. Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) NQne . ""'. . ~ -, - < _" _t,., ic . 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) Hone 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 (if address cannot be reasonably ascertained, please so indicate) Cumberland Coun~ Dept. of Domestic Relations P.O. Box 320 Carlisle. PA 17013 Pa Dept. of Public Welfare Bureau of Child S~~ort Enforcement Health and Welfare Bldg. Room 432 P.o. Box 2675 Harrisburg. PA 17105 7. Name and address of every other person of whom the plaintiff 'has knowledge that has any interest in the property that may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) Hone 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. #4904 relating to unsworn falsification to authorities. October 3, 2001 ldbeck, Jr. r plaintiff _'__'_...______0 '~W~I!jb1!h:.wWiil:&w"5Jl:1!i'~&iP!i3,M"':;!"';,;~i\;~.>\i,~,$X~""'\110 ,.",",,~""'.Q';:H""',',~','i"..," 'i,;;,;c~;J'i~" "IL,;',~L>o'i:i,I!l;~_~~ h - L..lt,t.~..!""..J ~~~~^, ",'~~%,-~,~".~ <.,~" ~, "-,,', ,~,~~,>' -""~.,'~-""'~,",' _., ,- ,,". , ~,- '~-~!it ~- ~ o ~~ 4Jcn f11jT- :;:2:: '. ," t~~: ~t; 2~C) ~::::.() )>e: ~ . o I""" ,...., no ~~ -,.. --ri N \.0 ')1 ',';~~) :,-,~ -:/....} 6m o;:! ~ -' :J;:: cO '-11 ._1 l>-< ',j'""""""',., "~~ "' "', . < ><~ ,,1 '; , .c.'] ~ ,M GOLDBECK McCAFFERTY BY: Joseph A. Goldbeck, Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff & McKEEVER Jr. DOVENMUEHLE MORTGAGE CO. LP 1501 Woodfield Road Schaumburg, IL 60173-4982 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs. :ACTION OF MORTGAGE FORECLOSURE KENNETH S. ACELA AND DALE E. ACELA (Mortgagor(s) and Real Owner(s)) 90 Parker Newville, Road PA 17241 Defendant(s) Term NO'6/-2'1?.;l.... Go,trWut CIVIL ACTION: MOHTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or Objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, carlisle, PA (800) 990-9108 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 A V ISO LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANOA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTQ DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215 238-6300. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 ... L" " d__ COMPLAINT IN MORTGAGE FORECLOSURE - ',,, ;~ ,_ 'l.;o'" 1, "_''-'j 1. Plaintiff is DOVENMUEHLE MORTGAGE CO. LP, 1501 Woodfield Road, Schaumburg, IL 60173-4982. 2. The name(s) and address(es) of the Defendant(s) is/are KENNETH S. ACELA, 90 Parker Road, Newville, PA 17241 and DALE E. ACELA, 90 Parker Road, Newville, PA 17241, who is/are the mortgagor(s) and real owner(s) of the mortgaged property hereinafter described. 3. On October 4,1991, mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AVSTAR MORTGAGE CORP., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1030, Page 1153. By Assignment of Mortgage recorded December 8, 1997, the mortgage was assigned to Plaintiff, which Assignment is recorded in Assignment of Mortgage Book No. 563, Page 784. These documents are matters of public record and are incorporated herein by reference in accordance with pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due January 1, 2001, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 12/ 1/00 through 6/30/01 at 9.125% Per diem interest rate at $14.96 Attorney's Fee at 5% of Principal Balance Late Charges 1/ 1/01- 6/30/01 Monthly late charge amount at $19.03 Costs of suit and Title Search Escrow Balance Deficit Monthly Escrow amount $93.35 $ 59,842.62 3,156.56 2,992.13 114.18 560.00 $ 66,665.49 69.18 $ 66,734.67 7. The Attorney's Fees 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 _h .,' ., V,. 1 I;..; ""~!;- Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the daters) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face to face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure the sum of $66,734.67, together with interest at the rate of $14.96, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: GOLD BY: ~ seph A. Goldbeck, Attorney for Plaintiff ~ . - '.... -, , '" '" _,J"", ,).-', "1' VERIFICATION I, Lynn Coady, as the representative of the Plaintiff corporation within named do hereby verifY that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: t hJ- hi , . . 1..-... , AITACHED TO AND FORMING PART OF SEARCH. 1jI;1:I.I1~, _.-.- "'.~_ w... 'IY:mE 'n<<) aRrA1N traots of J.an:l situat12 :In wast Pannsbora 'I\:lImship, <.:'lImberlan1 CbUnty, ~lvania. as tollawsl ~ 00. -.1: AIL zwr CERl'A:l:N t:nc:t ot lan:.1 sitTJat:e .in West ~ro 'I'cUnship, CI.lllbarlard Ca.:mty, Pennsylvania. bcurdec'l w.~ in B~ with Plan of lard Subdivision for Arthur Z. Rc:awe, ~ by Qlrl D. >>at't., R.S. il 0Jp'f of mid'l, date:! July 1973, i8 2:<<:Cll:ded in the her&inattel:' mntioned :Reeordar's Office in Plan BooJ.; 24, Page 36, as follCMG: , ~ at; :a r.Ul1"Cll!d lIIpiks ill the ca'Iter l:lnc of PI!Irl=r llQad at. the Northeastern QAller of to\; No. 11 UI sboom on thB ~ 1lCIt~ plan of land &Ubd1visiCln~ thence aJ,gnJ tha ~ lw o~ Mid ft1;ke2:; ~d. Morth 7' degrees East, a tU.sblnce. of .200 fest to II. r.s11=ad spilU,l: " thence alcrq lirJa of llltld fo.tlllerly of Arthur z. iIoWe an:1 wife, new 'I't<ict No. 2 herein, 5wtfi 20 degrees 51 minutes East 250 feet to an iron p1n; t:ban:lel by' land :r-cN or .!onllerly of Arthur Z. IlcWa ani wife., SOUth 73 d...p:eas Hast . di/il't!lrlCEl ot 200 feet to an .ii'OO pin at. the Southeastern comer of.said tot No. 11: t:he.noa alQnjT the liastem lW Of 1RIi!! lot No. 11, North 20 do.oJ.t~ 511l1i.nutes West, a QisI:ance of 250 feel: to a r.!\il1:cad sp:lJce in the center line of Parkar Ptlad, the plaoa of:. _1...4_ ' ; " . ~.,.,....LW~. ~. :.". . .1 . e BEoo all o~ IJ:rl:. No. ;l.0 as EihCllln on lSaiQ aan of :ta.rd lilUbdiv:[Sicm for AXthur Z. llCMe. '. . .' '!HE No:rthern 'lWSt blent;y-ti'llE! (~S) fat 01: tho m:NCl desc:J:i.bed tract ot lan:!, Which includes a portion of. the w,stin;J tight"'1:lf-wy of Parkar Page 2 of2 u, ~'~ ~" r, ' '"' ' " ~ ., ,.,f'~' ,...;,. ,;~ , ATTACHED TO AND FORMING PART OF SEARCH. lad, is l1c'eby dallmted as a portion of the rl9ht-of""ltli.'ly of lil3id Parker P.oad. ElEIm the IYlfle traot of lao1 whiCh !!uth R. b!ihl by her 4eed ~ted Harch 21, 198Q, I!In! re;omed int:hs Otti.c:e of the !l.acott1er at ~.. in 8M for omberl~ C!Ollnty in tJeed. IilcQk "X," Val"lJO! 28, PasB 61,granbd ard c;xzneyEd I.lnto I.in:m ft. Minn:l.ch, one of tlla granton: hlll:'e1n. 'IHE AB:lV.8 CQlVI!:YANC2 is 'IMde urder and 5Ul)je;:;:t. tc thlll 2::I.ght of the CIoII'lei:1!l and ~1ers of adjoinin3' Lot No. 11, their heim W'd.MS~, tg use t:M well arQ water syst:en located en the within c:onveyed lot No. 10, in CCllIlQ'1 with the c:lW.I'Iem m:1 ClCCUpiers of t.ot No. 10, the!rhem. an:l.assigns. 'llIe. costr;lt minl:einirq, repair.lng IIn:l ~laQirroJ the well and Wllt:ersySbml aU lz reid halt :01' the a.mertlI of tat: No. 10 I!Illd halt ~ the ~MnI. . of. tot. No. U N"'d tJ1elr respective ham IIl'"d A!i5ligns. 'l11e ClOSt of ll1a1ntll1n.1D;J, npairinq lln:i replacma Wll,ter lines not used jointly shall be paid by .!:he ome:rs ot the lot far 'Whose ~fit. the l:l.ne erl51:s. '!his.&harlrJq of ~ in c:onnec::t;10f\ with the joint use of the: tiell lIi'Il wat~ IilYSUmt shall continue only i:O lorq 1!15 said wall lVd water SYAttaln a%'e jCliJ'ltly use:1. ~ 00....2; 1IU. 'lW\Ir c:::mrA!N tract ot land with the Up:\':Ivem;mts thl!l:'GOl'l ~ situate irI Wac PerllJslx:lro 'I\:lWMMp, C\.Jnt:er1iU'ld county, Penrlsy11fll!\h, ~ AIXl descri}m:'l in.~ with final ~ivision !111m for D:lrOi:hy.~ prepl!lnd by WiThur H. Clifton, Rslistered SU!:veyor,dai:ed Mlwch 18, 1986, a oopy of whidl is ~ in, the here1naft:er l'lalI'sQ :RiaCOMer1s Office in Plan Book 50, ~e 6, ~ illcClzpo:roted herein "t:If refaranca, as f'01l~: B&G):NNIm at a P. K. nail in the ori-;rlnal centlilrline ot thirty-thz'ae (33) feet wide ~p Read '1'--355, krown as ParIoQ:' ROad, at tbe divid1n;r lw betwElen tots Nas. 1 m:l 2; 1:b1l.llOe frctn saicl P. K. nail at 'l:ha plaoe of Boginnfn.1 alDn)' said diviQ1ng' line between saiC ~ Nos. 1 ard 2, ~th 010 c!eg1:e!!:l;l 11 ~ 20 ~ lilaSt a distance 0' 247.40 feet. to an iron pin in line of lard TIOil or fot'll'll!rly of Mark E. ~; I::hm1co al~ li.ne of said lW IQ(I or tomerly gf MiIrlc B. I<'eeseIlml, Swl-.h 71 ~ 45 I'i\!rJut:es West Il distance of 79.0B feet to a poet at ccm=r atTract !IIQ. 1 herein; thence alonq line 0: said '!'ract No. 1 hll.l."S:Ut, North 18 ~ 46 1IIi.lmes 20 sec:or.ds West a cl1st:l:lnoEl ot 250.00 feet to II P. K. nail 1n the original c::entet'li.ne:! at said ~ip b.d T- 355, k:rlcAm Id I'lIrker P.Dad, thence alorg lla1Q orig1nal cent:e1:'Une (:It thtity-t:1'rr.'M (33) feet wide 'l'cWn5h.ip ra4 'r'-3!5S, knc:M\ I!l5 ~ ~d, North 73 &...I.. as !I2 mJmtes 44 ielXll'ds iast lit distan::e of 73.04 feet to II P. 1<. IrIaU at the pl~ of Ileqinni.rq. 'l1m ABOVE DFSamm:D ~ of lird contains II. net UQ af 0.392 acres, exclusive of the r!gh.t:-ot-'ollaY of (mid 'l'wnship ROad T--3li'l 'kTd.m I!S li'arlan' Road, and j.s IIll of 1.Qt No. :;I W!II sl'lewn on said Final SUl::div1sion PllV1 far tlQrothy Rwfi! dated MlI.l:ch 18, .IIB6, ~Med as llfot'eSald. SO J<<)Qf of the BlxlVa descrllled tnlct ol! land as lies \/ithin twenty-rive (25) teet o.t the crlg1rlalc:enterline of thi~ (33) feet wide '1'tlWtl5h1p iIald '1'-355, knaWn as Parker 1lolI.d, has been c1edicated as a J . , " '.' '-' ,~ -." I--'I"'fo"lii . ATTACHED TO AND FORMING PART OF SEARCH. porti.cn of the right-of--w.y of said ~ ;:IS shc.1lm on said final sutdivision Plan for ~ FtNe datr;d. Ma:d11e, 1956. ~ the sene tftct. \/hid1 ~ N. ~, widc7A, b:i her dad dated April so, 1986, and reco~ in t1le Officle Of tha ~ of o-ds in IIn:1 fat Q:II'lb!rl8n:i CX1Unty in lSd &xik ''W,'' VD1Utta 31, PaqII !i2B, grantOO ard Q:In'IeyC unto Lf.n!a R. Mimicll, one oj; the granton harem. . ~ . ... ~...-..II ....u,...,... Page 4 of 4 .""'~- . ~, ~ , -,' ~, ,)' .- c "' , i J. March 08, 2001 SINCE 1844 Dale E Acela iT A 90 Parker Rd I Newville PA 17241 EXHIB Loan Number: 0011565942 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 HAVE 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. Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535 -',.- --!.; '-"j ~i March 08, 2001 SINCE 1844 Kenneth S Acela 90 Parker Rd Newville PA 17241 Loan Number: 0011565942 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 HAVE 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. Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535 > .J ~. ~~ . ,;. ~" " oM PAGE 2 OF 5 March 08, 2001 K S Acela 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 necessary 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 Emergency 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 Housing 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.) DL137 Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535 - , , ,~ ",',~, ",~, ~'~ ",,". -. - l, >,- - '. "tt' PAGE 3 OF 5 March 08, 2001 K S Acela. 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: 90 Parker Rd Newville PA 17241 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 January 01, 2001 to present (at $ 634.42 per month) $ 1,903.26 (b) Previous late charges; $ 32.46 (c) Property Inspections; $ 8.75 (d) NSF Charges; $ .00 (e) Other Provisions of the mortgage obligation, if any; $ .00 (f) TOTAL AMOUNT OF (a) (b) (c) (d) and (e) REQUIRED AS OF THIS DATE: $ $ 1,944.47 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 $ 1,944.47, PLUS ANY 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, IL 60173-4982 (847) 619-5535 PAGE 4 OF 5 March 08, 2001 K S Acela , "~ ll"<j~..;i, SINCE 1844 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 refers 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 may 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 default 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. DL138/BIC Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535 "' '" J'," -'~. . ~, ,'",; t ,,; - ''""-' '-'-:~i PAGE 5 OF 5 March 08, 2001 K S Ace1a 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 will 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: March 08, 2001 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage 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 (REMAP) 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 Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you nave any questions, you may call the Pennsylvania Housinq Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing 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 e1egible para un prestamo por e1 programa 11amado "Homeowner's Emergency Mortgage Assistance Program" el cula puede salvar su casa de 1a perdida del derecho a redimir su hipoteca. DL139 Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg,IL60173-4982 (847) 619-5535 t:il6~~,--Ili~,MlioNl;~';ft"'t,iidl:Sl"'''.l&A'illI';iiI!~jl;jjll~di!;i!JIT,..k";;,!>,,<:;,,, ";"'''~'',~'':''" "'~"i"...;F.,';',b.~,"1t,':,c,,,,,,~.m;a'if~~liliI!;r~jJ~~lIlIlI,' -clilil~ ~.~~~Ii!J1I1RI ': (") C .,-:.:- ti3ls ~:-,:- W,l~,> ---"", li~ :2: _-l -< ..t- ~ frt ~ 9 ao~ 00 I I ~~ J- p e \l~ ~~ t;i~ -- ~ ......... (f' ~ .L. Inl ~, - -^~ <- ,-"'~ .,L o o ....n -, , .;}~ j''':1 U S~ ,~'!J --, C-:-J -iT, '_.~ ~j 5:J -< 8 ~ '-0 ..,.., :::t~ rv u' nL ~ . Z: ;g in-l ~ 01 '"';ON -l' . :J: : : 0: If): 0001: o >~ )!. ;19: ;0: 0 'Dfj ..(. "d """- .~ i ""; ,-, .,,- ",' -0 -] ~ .~ ,"" jt~, . GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 6/.7-1 ~22 ATTORNEY FOR PLAINTIFF Dovenmuehle Mortgage Co. LP 1501 Woodfield Road Schaumburg, IL 60173-4982 Vs. Kenneth S. Acela 307 Avon Drive Carlisle, PA 17013 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION , NO 01-3772-Civil Term Dale E. Acela 117 Big Spring Terrace Newville, PA 17241 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Kenneth S. Ace1a and Dale E. Ace1a, Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days (or 60 days if defendant is the United States of America) from the date of service of the complain and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest - 7/1/01 - 1012/01 Late Charges Escrow Debit TOTAL $66,734.67 $ 1,406.24 $ 76.12 $ 373.40 $68,590.43 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DATE: dbeck, Jr. Plaintiff DAMAGES ARE HEREBY ASSESSED AS ID- :r-D/ ~ I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is 1501 Woodfield Road, Schaumburg, IL 60173-4982 and that the names and last known addresses of the Defendants is: Kenneth S. Ace1a, 307 Avon Drive, Carlisle, PA 17013 Dale E. Ace1a, 117 Big Spring Terrace, Newville, PA 17241 oldbeck, Jr. or Plaintiff 7 ,r' .~~_~ltllillilliiii.~~~i\~lI;\!~Kdi\"'$iljJ:o.'"'''''.t,'''J\i&",,,,,j;;jf;',,,Il',;k~_: ~, ,,,"'O>"""''''~''~" ",. ~.,,~.~_' ~, .,,~. "," < 'e~' ~.'=~'~ , - '- '" ' ~ ,-- ~ -~ iilM'l_ , ,# -~ ~ ,~ ,~,,~ ~ " o <:i '-of[1 r-nrr z~:::r' ~~i~ C:::C" ):.~C) .::=.Cl ).-"o-C.: ~~. ., c:; o r~'') :',~i j t.!", f'0 ? - "'1 'II 'I ,-, ,'. '.-=~';\:~ c~> :.Q "- t ~. ., - .- ~ ,1"''''_-'''')'. .. TO, DALE E. ACELA 90 Parker Road Newville, PA 17241 DOVENMUEHLE MORTGAGE CO. LP 1501 Woodfield Road Schaumburg, IL 60173-4982 Plaintiff vs. KENNETH S. ACELA AND DALE E. ACELA (Mortgagor (s) ) (Record Owner(s)) 90 Parker Road Newville, PA 17241 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-3772 (Civil Term) THIS LAW FIRM IS A DEBT COLLECTOR .l\NIl WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: DALE E. ACELA 90 Parker Road Newville, PA 17241 DATE OF THIS NOTICE: August 21, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 /s/ JO:5eph A. (jotdbeck. Jr. GOLDBECK McCAFFERTY & McKEEVER BY, Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 , ,,,.' -, '" " -, ~, -- " -" -', ,J --"" .. TO, KENNETH S. ACELA 90 Parker Road Newville, PA 17241 DOVENMUEHLE MORTGAGE CO. LP 1501 Woodfield Road Schaumburg, IL 60173-4982 Plaintiff vs. KENNETH S. ACELA AND DALE E. ACELA (Mortgagor (s) ) (Record Owner(s)) 90 Parker Road Newville, PA 17241 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-3772 (Civil Term) THIS LAW FIRM IS A DEBT COLLECTOR .l\NIl WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: KENNETH S. ACE LA 90 Parker Road Newville, PA 17241 DATE OF THIS NOTICE: August 21, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Isl JO:5eph A. (jotdbeck. Jr. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 ,,' -" ' "', , " , ! - ~ ' ., ,- ,~~,~., ""(; ~ TO : KENNETH S. ACELA 117 Big Spring Terrace Newville, PA 17241 DOVENMUEHLE MORTGAGE CO. LP 1501 Woodfield Road Schaumburg, IL 60173-4982 Plaintiff vs. KENNETH S. ACELA AND DALE E. ACELA (Mortgagor (s) ) (Record Owner(s)) 90 Parker Road Newville, PA 17241 Defendant (s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-3772 (Civil Term) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: KENNETH S. ACELA 117 Big Spring Terrace Newville, PA 17241 DATE OF THIS NOTICE: August 21, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Isl JO:5eph A. (jotdbeck. Jr. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 ~ ,,~ ~- .' '- ,," ~ . r ~ .' '~, ~ TO : DALE E. ACE LA 117 Big Spring Terrace Newville, PA 17241 DOVENMUEHLE MORTGAGE CO. LP 1501 Woodfield Road Schaumburg, IL 60173-4982 Plaintiff vs. KENNETH S. ACELA AND DALE E. ACELA (Mortgagor (s) ) (Record Owner(s)) 90 Parker Road Newville, PA 17241 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-3772 (Civil Term) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: DALE E. ACE LA 117 Big Spring Terrace Newville, PA 17241 DATE OF THIS NOTICE: August 21, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Isl JO:5eph A. (jotdbeck. Jr. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 ." "" ,'"So" .,\ "/; " TO: DALE E. ACELA 307 Avon Drive Carlisle, PA 17013 DOVENMUEHLE MORTGAGE CO. LP 1501 Woodfield Road Schaumburg, IL 60173-4982 Plaintiff vs. KENNETH S. ACELA AND DALE E. ACELA (Mortgagor(s)) (Record Owner(s)) 90 Parker Road Newville, PA 17241 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-3772 (Civil Term) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: DALE E. ACELA 307 Avon Drive Carlisle, PA 17013 DATE OF THIS NOTICE: August 21, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Isl JO:5eph A. (jotdbeck. Jr. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 , , ] ~. , , , ,'IllilJ;'lII',~ ;~ TO: KENNETH S. ACELA 307 Avon Drive Carlisle, PA 17013 DOVENMUEHLE MORTGAGE CO. LP 1501 Woodfield Road Schaumburg, IL 60173-4982 Plaintiff vs. KENNETH S. ACELA AND DALE E. ACELA (Mortgagor (s) ) (Record Owner(s)) 90 Parker Road Newville, PA 17241 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-3772 (Civil Term) THIS LAW FIRM IS A DEBT COLLECTOR AND WE UE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: KENNETH S. ACELA 307 Avon Drive Carlisle, PA 17013 DATE OF THIS NOTICE: August 21, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Isl JO:5eph A. (jotdbeck. Jr. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 J, L' ,- ~ _, l ~, . I -<<i:.. GOLDBECK, MCCAFFERTY & MCKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite SOO-The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (?1 <;) 6?7-1122 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Dovenmuehle Mortgage Co. LP Vs. No. 01-3772-Civil Term Kenneth S. Acela Dale E. Acela CUMBERLAND COUNTY VERIFICATION OF NON-MILITARY SERVICE JOSEPH A. GOLDBECK, JR., ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendants 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. (b) that defendant Kenneth S. Acela, is over 18 years of age, and resides at 307 Avon Drive, Carlisle, PA 17013. (c) that defendant Dale E. Acela, is over 18 years of age, and resides at 117 Big Spring Terrace, Newville, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. October 3, 2001 LDBECK, JR. .. r Plaintiff ""~ , . ,__'<.l ',~~: ,~' , ' c,'~ """-'~~ , , (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Dovenmuehle Mortgage Co. LP , Plaintiff Vs. NO. 01-3772-civil Term Kenneth S. Acela Dale E. Acela , Defendants Notice is given that a Judgment in the above captioned matte~ has been entered against you on October 6 , 2001. By,~~47EPm If you have any questions concernin this matter please contact: **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY I1!lFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE C01!lSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT Omy ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ~lltl~!1SiIi!IQS:iU[t:W1I;....";i,,,..."'dl. ," I. ' , iIiIil =" ~...' ~iWi~IiI;'\i);ltlF~*i~,;I~J';+,""-'-'~"'..... 1'~,->'H"iHi~~IM!!V!'Jo!i&1~:i€_W- >~.. " JIII~ .~~" '" ~ * --- 0'( ffi ;t-- 0' ~ 5'., ;l-- , . .. -,~~"~~*.- ,~",~ ~'" ~ - ..J I.N 0" -S:\ ""'-l'"~~"'-i,",!iloi~~ .-' 8~ <"> - Ru~ q ~ ~ 6: r "- --- C) u-~ <.> ~ , " ., ,-,~" ~ . ,~~.,,<.~, .,~".^ ,,'" ~'-'> n ;,- ~~:. .-<~ ."- .~,~ "- 2~";---< );,. ~co~ ... :j ... . . ,,::::-J C") "'--\ I C m= it,,-' II Ii "" ~ :] 'I i1 Ii I,j I' II Ii ,_1.:: r;-? , ~._) ~'1 c.") ';l.lf'i'l ~ ~ I::;> ,..- f~ L ,."", "'d,.',,,' 0." "'" -' ,~ I,,' ,-,'-. II'. , i'li PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Dovenmuehle Mortgage Co. LP Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Vs. NO: 01-3772-Civil Term Kenneth S. Acela Dale E. Acela PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) Defendants TO THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: $68,590.43 I $ Amount Due Interest from 10/2/01 to sale date at $11.28 per diem Total and Costs $ eck, Jr. e 500 e Bourse Bldg. 11 S. Independence Mall East Philadelphia, PA 19106 Attorney for Plaintiff Note: Please attach description of property. ~ait.!ili~:f~mJ.ljl.a~"~~lIIJ>)~~~l#.~~l>i""";''''';~';;'$'/''L''-'''','-<''d~",,~";k!Nmii'!i8,~,~il!iI1f!!lt~~_-'\' .~ ""~ ~ _~~_,_~~,E[Jj_ I~ 'D E-t 1!E..c OH ~g ..:1:>1 1ll0l zi Orzl ~Ill o - U:>I ~~ o E-cU ~~ rzll:t: ~rzl z~ HU .-1 .,-1 :> ',-1 {) , C~ t- t- r~ I .-1 c, . ,0 ,~ ~~'-'"~, ~ III ..:I o U CD tll III tll ..... H ~ CD .-I ..c: CD ~ CD :> o e III .-I III CD.-I ~ CD tl .c III :> Ol ..c:rzl ..... CD CD l:lftl CDe l.: ~ ~ 'q; rzl H M ;j rzl III o I!E. .-1 o tl CD E-c k H 0 ~I!E. CD ~ ~ I!E. tll ~J rzl k ~~ Uv ~ III ~, - :'r^C,.~'-t I~~~ '0 Q) c-i -.-\ ~ M rl o CD..... :>rl ..-\ .c ~Ill I'l - o CD ~';;l ..... ......-1 o H M III U .. fJl fJl Q) H ~ <'" -c.' CD tl III H Hrl CD"" E-cl'l ..... tllrl I'l ..... .c Hill Po Ol - CD tll.-l ..... .-I Ill..... El !IoI!iOII 'd Q) ~ Q) rIl Q) ,Q ~ rIl H Q) 1t p, Q) H Q) ,q :;: C) ,.~, ',,,,,,. c: .. ':J "'"1') c;. ','-) fP L-' .-1 ..- , -;... L._ '--, "'~- -- , u=, ,. -e' ,.....~ "_-,1 ~~ " ~. i- ..'::- c--:... )> ,'" J'...) 7 =2 => f '.) , . ... ~ti [: I, I, I i I I ..... .' WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 and RULE 2357 Dovenmuehle Mortgage Co. LP Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Va. NO: 01-3772-Civil Term Kenneth S. Acela Dale E. Acela WRIT OF EXECUTION (MORTGAGE FORECLOSURE) Defendants TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA To satisfy the judgment, interest and costs in the above matter, you are directed to levy upon and sell the following described property (specifically described property below) : Premises: 90 Parker Road, Newville, PA 17241 (see attached legal description) Amount Due Interest from 10/2/01 to Date of Sale at $11.28 per diem Total $68,590.43 $ $ Plus Costs as endorsed Clerk ~~~"'ljii~Ji!",~.~ii!l.ooim:1~~..I""'i!t;lj;Ji1,\,iD;."""'k~" ,- ~,.".;~',,~:0"""""'H~d,iJaef,'l'>..;!;;,!.€~;.u.."'--illlltiIll_''"' ,'...' ~"'~~'~"'!"'f~."11.illl!r1J.\ll/lIlIIlli1';;: e CI) E-< ..-i -.-I > -.-I tJ I N E"- E"- M I ..-i o ~~ ~g 0-:1>0 1lIr/l ll;~ ~re o . ~~ o E-<tJ ~~ 1!iIl>: :1 . ~ III H . o tJ CI) ~ ~ k ~ CI) ..-i .<:: CI) ~ CI) ~ Q . .~".~~. III ..-i III CI)..-i o CI) <4l 0 <4l Ul :> r/l .<::1!iI ...., CI) CI)..-i a III Cl)Q :.: ~ CI) ll; k o ;:l H Ul B~ I!iI CI) M k I!iI 0 r-. r-. CI) o tll E-< III H tll ~~ ~ ~ 4-1 4-1 -n .j..J I'i 'n '0 Q) .-I 'n Ii< M ..-i o E"- CI)..-i > ..-1 <4l k III Q s:: oi O..-i ~ Ul ... ..-1 ..-i k III tJ OJ OJ Q) k ~ ",-",..' CI) o III k k..-i CI)"" E-<N tllE"- s::..-i ..-1 <4l k III Pi r/l . tll~ -.-I..-i III '.-1 ~ ~ ..-ill; '0 Q) ~ Q) OJ Q) .0 ~ S OJ k Q) P, rO P, Q) k Q) .r:: s: , ...... I ~"'i I! " I' Ii ii I Ii \1 " ! i I I I I I I I I I I i ~ "'-, >>,' ,.','<",'..c_'','" '" - \,,,.f";'~" ' I >L ; . , .. ALL THOSE CERTAIN tracts ofland situate in West Pennsboro Township, Cumberland County, Pennsylvania, as follows: TRACT NO. I: ALL THAT CERTAIN tract ofland situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with Plan of Land Subdivision for Arthur Z. Rowe, prepared by Carl D. Bert, R.S. a copy of which, dated July 1973, is recorded in the hereinafter mentioned Recorder's Office in Plan Book 24, page 36, as follows: BEGINNING at a railroad spike in the center line of Parker Road at the Northeastern corner of Lot No. II as shown on the above mentioned plan ofland subdivision; thence along the center line of said Parker Road, North 73 degrees East, a distance of 200 feet to a railroad spike; thence along line ofland formerly of Arthur Z. Rowe and wife, now Tract No.2 herein, South 20 degrees 51 minutes East 250 feet to an iron pin; thence by land now or formerly of Arthur Z. Rowe and wife, South 73 degrees West a distance of 200 feet to an iron pin at the Southeastern comer of said Lot No. II; thence along the eastern line of said Lot No. 11, North 20 degrees 51 minutes West, a distance of 250 feet to a railroad spike in the center line of Parker Road, the place of BEGINNING. Tax: Parcel #0517-053 Being known as 90 Parker Road, Bushkill, P A 17241 ~~~~~1$f:lil]ljJ;jtWJK''''''l~'''P,:;',h6C'h".;;..w'M;~F.'!i1t~r.,!l:i~~-*' " , C"'" r.:::---.. \~ ~--=> .~ ,~"~ ~ c, ........, <:- d Ii!~lil:~~"'''~''''"''''' ", "0" ~"' ,'~ - ~IlMll ~- "" , . -' ~ - pv J 00 o , """ 0"\ g~ ~ ~ ~~~~'1~ 0.J <,N ~ ~ '7-';: c. 6 ~ ~ ~' ~K~ .< ~ "6 - T I , ~, ~-". ,', +~ . ^< ),i,,, I,..; ~ "" ' , Dovenmuehle Mortgage Co. LP Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Vs. Kenneth S. Acela Dale E. Acela NO. 01-3772-Civil Term Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Dovenmuehle Mortgage Co. LP, Plaintiff in the above action, by its attorney, Joseph Goldbeck, Jr., Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 90 Parker Road. Newville. PA 17241. 1. Name and address of owner(s) or reputed owner (s): Name Address (if address cannot be reasonably ascertained, please so indicate) Kenneth S. Acela 307 Avon Drive Carlisle. PA 17013 Dale E. Acela 117 Big spring Terrace Newville. PA 17241 2. Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SlIMlll AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) HQne 4. Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) HQne ~ " ~'" b~~ . I -'- ~ , 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) ~ 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 (if address cannot be reasonably ascertained, please so indicate) Cumberland County Dept. of Domestic Relations P.O. Box 320 Carlisle. PA 17013 Pa Dept. of Public Welfare Bureau of Child ~~~ort Enfnrcement Health and Welfare Bldg. Room 432 P.O. Box 2675 Harrisburg. PA 17105 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property that may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) ~ 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. #4904 relating to unsworn falsification to authorities. October 3, 2001 ldbeck, Jr. r Plaintiff . . ~~~~~!iI_t~,il1iilllilf~~a~Ol:i-s'-'ol"f~\./'''''~';''''?''''Jd"<'~",m__i!:;i'",\<Ji'~~,~"(i\,:~~o;MMj!f,lgii1r~'1"""" lbl < i_li;lMlj;d:~I~'1i ~, ~-~ ,... ," ,I!I!I . ~ <,~,,~, ,'~, " ~ ,O'!:"..,,,, >, I,"" ,~ ;",~'".". ",._ " "~.,. , ~ ~, ,~" - " , () C .UT'; rrtl'", :;~,:'" ?~C-- Cf) "'" c.:: ~:q 5;:S; "-, :.< <.= !ldiIiJI"~ ,Cd - ., o ...--') :...., u:: -c -, r~~) .' ,~ t""-' :y' , , -~ '-".' - '~'l ~j, :?J . .-0 '.. 'L ."'",",,, " c' ". lit GOLDBECK, MCCAFFERTY & MCKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500-The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-13/.2 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS Dovenmuehle Mortgage Co. LP Vs. CUMBERLAND COUNTY CIVIL DIVISION NO. 01-3772-civil Term Kenneth S. Acela Dale E. Acela CF.R'T'TF'TCA'T'ION JOSEPH A. GOLDBECK, JR., 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 Mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. - _~.li~J&MlI~!NI$IiiiI~],jM~fI~lli.1l<l;S~'I!;ikOl;l~iml&b\l',,'i.!"'-:;U"""'" ",_,' ~dXo'" "<"""-,t'-"L")a,.,,I~;:,;,jdJ'-,~H\II,MlmJ~JiJij 1""~~\lillI! ill!~~~oiWlmilW~~~RW fil"-'l~iI~ .' Ll " I: C" C,-:J .' ; C -1-1 :.'-,e_ C) e) (,C C) rn ,--, .-4 -'7 " :2:: l (j) (' -< 1-" \.. . :::- ~ d:::~,- 5i:~ ~y ~ - L __,1 ::::-' j.] .", f'0 -, ,,'",~ ~",,_." - ~"'~ ,~,' ,W,,~W~"~. _,~,_~ ,< ",,, ".'~ -,~ ~ ,~,h '.0 __ ~,.. "~,' r'; , ,~ ' "^" ,I, L ~ ^ ~,_, ;~,"', 't.>-", ,~ I "j., ., . GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (7.15) h7.7-U7.7. ATTORNEY FOR PLAINTIFF Dovenmuehle Mortgage Co. LP Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Vs. Kenneth S. Acela Dale E. Acela NO.01-3772-Civil Term Defendants NOTICR OF SHERIFF'S SALE OF RRAL ESTATR TO: Kenneth S. Ace1a 307 Avon Drive Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 90 Parker Road. Newville. PA 17241. is scheduled to be sold at the Sheriff's Sale on March 6. 2002 at 10:00 a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, 200 Floor, Carlisle, PA 17013 to enforce the court judgment of 868.590.43 obtained by Dovenmueh1e Mortgage Co. LP (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the Back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call: 1215\ 627-1322 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. g;~- , . " ~ ~:~,," _l_ ,'k': .." , 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.) 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 Sheriff's Sale sold to the highest bidder. calling (210;) 627-1:l7.7.. is not stopped, your property will be You may find out the price bid by 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 the Sheriff's office at (717) 7.40-6390 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 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 this 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within 30 days of 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 the posting of the Schedule of Distribution. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (800) 990-9108 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 M~~~~~""\~1i,,,~JJl';!W~~Iii.WJl'J~"llij;~"1<i'ii>"'i""";!~'" '.j,;"",";'!ci>,~" "'::""'oj.Jr;\<il-",,~~~;\jj'1;li~B!ifi~~I!j~tIH"'~lj-"" MR!!!lJllk' ., e ~. .~ ....." r , (') 0 ,;~ "CJ [ 0 n"1 r: C) ~ :~I --l 2: I co t.;--j I -< r::: i ", -T, ." ~ C ~, t"J ~L.. ~ -<.' "'''- ,,-, ,,'~ l Wf) ~'H" .~,~, 'u" . . "" .-,,"- ,,~,' ->: ,', ~fl1 + " GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 1S?7-13?? ATTORNEY FOR PLAINTIFF Dovenmuehle Mortgage Co. LP Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Vs. Kenneth S. Acela Dale E. Ace1a NO.01-3772-Civil Term Defendants NOTTeR OF SHERIFF I S SALE OF RRAT, ESTATE TO: Dale E. Ace1a 117 Big Spring Terrace Newville, PA 17241 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 90 Parker Road. Newville. PA 17241. is scheduled to be sold at the Sheriff's Sale on March 6. 2002 at 10:00 a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013 to enforce the court judgment of $68.590.43 obtained by Dovenmuehle Mortgage Co. LP (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the Back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call: (215) 627-1322 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. >,,~ ':", . ~ ". -'~' .." .,,' 'C".' '" .. 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.) 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 Sheriff's Sale sold to the highest bidder. calling (215\ 6?7-B?? is not stopped, your property will be You may find out the price bid by 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 the Sheriff's office at (717) ?40-6390 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 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 this 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within 30 days of 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 the posting of the Schedule of Distribution. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (800) 990-9108 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 ~.~illlllill!l~ilill,im'blllWMful!1:i!\fjI>tii~"~IiW;0.f'I"'WH' ,!;"~,'~",.,, W 'I ^ =(,'6"~d'~,,,~,'b-_'.;l~IiIll~.. -'~ ~ ilflll. Ullfl~~'~""~ (") C ;;};: ..Or-;; ['lr.1 .,,"'- Zi~.."-' S? ,~~, ~,:l.-- ~:(-', ,~:::: i.-,:, _"'::' ~:. ~:; L- --j -< ~, ;.......> 'v C.i <::) ~"-) --1 (;", -"I j:~ .. . Iii