HomeMy WebLinkAbout99-01914
1. Plaintitt i.
BANK UNITED
3200 SOUTHWEST FREEWAY
MAIL DROP 1422
HOUSTON, TX 77027
2. The name(s) and last known addressees) of the Defendant(s)
are
JENNIFER L. MOHN
ANDREW M. COVER
226 NORTH 36TH STREET
CAMPHILL, PA 17011
who is/are the mortgagor(s) and real owner(s) of the
property hereinafter described.
3. On 11/30/92 mortgagor(s) made, executed and delivered a
mortgage upon the premises hereinafter described to FLEET
REAL ESTATE FUNDING CORPORATION which mortgage is recorded
in the Office of the Recorder of CUMBERLAND County, in
Mortgage Book No. 1106, Page 204. By Assignment of Mortgage
recorded 10/5/98 the mortgage was assigned to PLAINTIFF
which Assignment is recorded in Assignment of Mortgage Book
No. 590, Page 776.
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 11/1/98 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
10/1/98 through 3/1/99
(Per Diem $15.22)
Attorney's Fees
Cumulative Late Charges
11/30/92 to 3/1/99
Cost of Suit and Title Search
$74,280.81
2,328.66
3,714. 00
140.55
Subtotal
550.00
Escrow
Credit
Detici t
81,014.02
Subtotal
0.00
43.66
43.66
TOTAL
$81,057.68
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.
8. This action does not come under Act 6 of 1974 because the
original mortgage amount exceeds $50,000.00.
9. Pursuant to the Fair Debt Collection Practices Act, 15
U.S.C. S 1692 et seg. (1977), Defendant(s) may dispute
the validity of the debt or any portion thereof. If
Defendant(s) do so in writing within thirty (30) days
of receipt of this pleading, Counsel for Plaintiff will
obtain and provide Defendant(s) with written
verification thereof; otherwise, the debt will be
assumed to be valid. Likewise, if requested within
thirty (30) days of receipt of this Pleading, Counsel
for Plaintiff will send Defendant(s) the name and
address of the original creditor if different from
above.
WHEREFORE, PLAINTIFF demands an in rem JUdgment against the
Defendant(s) in the sum of $81,057.68, together with interest
from 3/1/99 at the rate of $15.22 per diem to the date of
JUdgment, and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgaged
property.
/s/:(tirf~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
f
l~kR 2 g \qg9 \
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-01914 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANK UNITED
VS,
MOHN JENNIFER L ET AL
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: COVER ANDREW M
but was unable to locate Him in his bailiwick,
deputized the sheriff of PERRY County,
to serve the within COMPLAINT - MORT FORE
He therefore
Pennsylvania,
On April 20th, 1999
the attached return from
Defendant Left no Forwarding
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. pen;y Co.
Not Found Return
, this office was in receipt of
PERRY County, Pennsylvania.
Address with Cumberland Co. or
SO~~~~~~S70. po~st ~f#
r-<'7',~./ ~
K. . omas 1.ne,. erl
6,00
9,00
8,00
25,00
5,00
$5:FUU
04/20/1999
Sworn and subscribed to before me
this 02vi!:; day of rr':c
19 9<7 A,D.
~ ,(,l<,il{~}{~Hac~~
In The Court of Common Pleas of Cumberland County, Pennsylvania
Bank United
VS,
Jennifer L. Mohn, et. al.
Serve, Andrew M. Cover
No, 99-1914 Civil
19_
N 4115/99
ow,
Perry
19_.1 SHERIFF OF CUMBERLAND COUNTY, PA do bereby depullze the SherllToC
COUDty 10 execute this Wrlt,lbls depul'llon being Illude utthe reque.t.nd risk oflhe PI.IDliff.
~~~
~erlrroccumberl.nd County, P..
Affidavit of Service
Now,
wllbin
UpOD
al
by bandiDg 10
altesled copy oC tbe origin.l
the contents thereof.
19
o'clock
,.1
M, served the
i
I
L
I
a true and
and m.de known to
So answers,
Sheriff oC
County, Pa.
COSTS
SworD and subscribed before
me Ihis d.yof
19_
SERVICE
MILEAGE
AFFIDA VIT
s
s
~
FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
TWO PENN CENTER PLAZA, SUITE 900
PHILADELPHIA, PA 19102
C2151 563-7000
BANK UNITED
3200 SOUTHWEST FREEWAY
MAIL DROP 1422
HOUSTON, TX 77027
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff
TERM
NO. qq- \91Y- L~u:...Q\erM
v.
CUMBERLAND COUNTY
JENNIFER L. MOHN
ANDREW M. COVER
226 NORTH 36TH STREET
CAMPHILL, PA 17011
Defendant(s)
CIVIL ACTION - LAW
MORTGAGE PORECLOSURE
NOTICE
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
You have been sued in Court. If you wish to defend against the
claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by
attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further
notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
We hQ(OOy ~!tlO
wtthin to be a true Iind
correct copy of Ihe
ortginal filed of record
FEDERMAN AND PHELAN
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
TRUE COpy FROM RECORD
10 T ostimony wherooi, I hefa unto Sit my hand
and the seal of said Court at Carlisle, Pa,
This 1>4- day ~' 19n~:G-tt
\ ,^rl.. "Cr0N1:-
. . Prothonotary
-.... - -.. .
..
6. The following amounts are due on the mortgage:
principal Balance
Interest
10/1/98 through 3/1/99
(Per Diem $15.22)
Attorney's Fees
Cumulative Late Charges
11/30/92 to 3/1/99
Cost of Suit and Title Search
Subtotal
$74,280.81
2,328.66
3 ,714.00
140.55
550.00
81,014.02
Escrow
Credit
Deficit
0.00
43.66
Subtotal
TOTAL
43.66
$81,057.68
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.
8. This action does not come under Act 6 of 1974 because the
original mortgage amount exceeds $50,000.00.
9. Pursuant to the Fair Debt Collection Practices Act, 15
U.S.C. S 1692 et seq. (1977), Defendant(s) may dispute
the validity of the debt or any portion thereof. If
Defendant(s) do so in writing within thirty (30) days
of receipt of this pleading, Counsel for Plaintiff will
obtain and provide Defendant(s) with written
verification thereof; otherwise, the debt will be
assumed to be valid. Likewise, if requested within
thirty (30) days of receipt of this pleading, Counsel
for Plaintiff will send Defendant(s) the name and
address of the original creditor if different from
above.
WHEREFORE, PLAINTIFF demands an in ~ Judgment against the
Defendant(s) in the sum of $81,057.68, together with interest
from 3/1/99 at the rate of $15.22 per diem to the date of,
Judgment, and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgaged
property.
/s/ Frank Federman
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
,
VERIFICATION
FRANK FEDERMAN, ESQUIRE, hereby states that he is
Attorney for Plaintiff in this matter, that he is authorized
to take this Verification, and that the statements made in
the foregoing civil Action in Mortgage Foreclosure are
true and correct to the best of his knowledge, information and
belief. The undersigned understands that this statement is made
subject to the penalties of 18 Pa, C, S. Sec, 4904 relating to
unsworn falsification to authorities.
~~
FRANK FEDERMAN
DATE:
FEDERMAN AND PHELAN
BY: Lisa D. Blankenburg, Esq.
Atty, I,D. n78020
Ste, 900/Two Penn Center Plaza
Philadelphia, PA 19102
(215) 563-7000
BANK UNITED
ATTORNEY FOR PLAINTIFF
vs.
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND County
No, 99-1914-CIVIL
JENNIFER L. MOHN
ANDREW M, COVER
CERTIFICATION
I, LISA D. BLANKENBURG, ESQUIRE, hereby certify that a copy
of the Motion for Alternate Service has been sent to the
individual(sl as indicated below by first class mail, postage
prepaid, on the date listed below.
ANDREW M. COVER
226 NORTH 36TH STREET
CAMPHILL, PA 17011
JENNIFER L, MOHN
226 NORTH 36TH STREET
CAMPHILL, PA 17011
The undersigned understands that this statement is made
subject to the penalties of 18 PA C.S, 4904 relating to unsworn
falsification to authorities.
~nkenbUrg,
Federman and Phelan
Esquire
Date: Mav 14, 1999
I
-
'-:",-",:" .
'\1AY' 2~' /99& ,A-'
BY: Lisa D, Blankenburg, Esq,
Atty. I,D, #78020
Ste, 900/Two Penn Center Plaza
Philadelphia, PA 19102
(215) 563-7000
BANK UNITED
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
No, 99-1914-CIVIL
VO,
JENNIFER L, MOHN
ANDREW M, COVER
ORDER
AND NOW, this ~'7
Ir~a-
day of
, 1999, upon
consideration of Plaintiff's Motion and the Affidavit of Good Faith
Investigation attached thereto, it is hereby ORDERED that Plaintiff
may obtain service of the Complaint on the above captioned
Defendant(s), ANDREW M. COVER, by mailing a true and correct copy
of the Complaint by certified mail and regular mail to the
defendant's last known address at 226 NORTH 36TH STREET, CAMPHILL,
PA 17011.
'"\ ,
S~rvice ,of the aforementioned mailings is effective upon the
date of mailing and is to be done by Plaintiff's attorney, who will
file with the Prothonotary's Office an Affidavit as to the mailing,
BY THE COURT:
/.5( &iF 8, ~J
J,
(Rule of Civil Procedure No, 236 _ Revised)
Bank United
: Cumberland COUNTY
Plalnt/ff
: Courl of Common Pleas
vs.
Jennifer L. Mohn
Andrew M. Cover
: CIVIL DIVISION
: NO. 99-1914 Civil Term
Defendant(s)
:
Notice is given thai a Judgment in the above captioned matter has been entered against you on
Januarv .2000,
By
DEPUTY
If you have any questions concerning this matter. please contact:
FRANK FEDERMAN. ESOUIRE
Attorney for Filing Party
SUITE 900
TWO PENN CENTER PLAZA
PHILADELPHIA. PA 19102
(2151563-7000
"THIS FIRM IS A DEBT COLLECTOR A '/TEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFlRMED. THIS IS NOT
AND SHOULD NOT BE CONSTRUED TO BE AN A '/TEMPT TO COLLECT A DEBT, BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY. "
f'EDERMAN AND Plif:LMl
BY: f'RANK f'EDERMAN, ESQUIRE
Identification No. 12248
Suite 900
Two Penn Center Plaza
Philadelphia, PA 19102
(215) 563-7000
BANK UNITED
Attorney for Plaintiff
COURT Of' COMMON PLEAS
Plaint if f
CIVIL DIVISION
vs,
CUMB~RLAND COUNTY
JENNHER L. MOliN
ANDREW M. COVER
NO. 99-1914-CIVIL TERM
Defendant(s)
VERIFICATION
I hereby certify that a true and correct copy of the Civil
Action Complaint in Mortgage f'oreclosure in the above captioned
matter was sent by regular and certified mail, return rece~pt
requested, to the following persons, to ANDREW M, COVER at 226
NORTH 36TH STREET, CAMPHILL, PA 17011 , on DECEMBER 1. 1999, in
accordance with the Order of Court dated MAY 27, 1999, The
undersigned understands that this statement is made subject to the
penalties of 18 Pa, C. S. Sec, 4904 relating to unsworn
falsification to authorities.
-~~~
FRANK FEDERMAN,ESQUIRE
DATE: December 1, 1999
, ,
.
FEDERMAN AND PHELAN
BY: Lisa D. Blankenburg, Esq,
Atty. I,D. #70020
Ste. 900/Two Penn Center Plaza
Philadelphia, PA 19102
(215) 563-7000
BANK UNITED
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
No. 99-1914-CIVIL
vs,
JENNIFER L, MOHN
ANDREW M. COVER
ORDER
AND NOW, this ~'-~
J, ^ AlA..
".. .
, 1999, upon
day of
consideration of Plaintiff's Motion and the Affidavit of Good Faith
Investigation attached thereto, it is hereby ORDERED that Plaintiff
may obtain service of the Complaint on the above captioned
Defendant(s), ANDREW M, COVER, by mailing a true and correct copy
of the Complaint by certified mail and regular mail to the
defendant's last known address at 226 NORTH 36TH STREET, CAMPHILL,
PA 17011.
Service of the aforementioned mailings is effective upon the
date of mailing and is to be done by Plaintiff's attorney, who will
file with the Prothonotary's Office
>
j
.
FEDERMAN AND PHELAN
BY: Lisa D. Blankenburg, Esq.
Atty, I.D, #78020
Ste. 900/Two Penn Center Plaza
Philadelphia, PA 19102 '
(215) 563-7000
BANK UNITED
ATTORNEY FOR PLAINTIFF
vs,
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
No. 99-1914-CIVIL
JENNIFER L, MOHN
ANDREW M. COVER
MEMORANDUM OF LAW
Pennsylvania Rule of Civil Procedure 430(a) specifically
provides:
(a) If service cannot be made under the applicable rule, the
plaintiff may move the Court for a special order directing the
method of service. The Motion shall be accompanied by an Affidavit
stating the nature and extent of the investigation which has been
made to determine the whereabouts of the Defendant (s) and the
reasons why service cannot be made.
Note: A Sheriff's return of "Not Found" or the fact that a
Defendant has moved without leaving a new forwarding address is
insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa,
Super, 362, 357 A.2d 580 (1976). "Notice of intended adoption
mailed to last known address requires a good faith effort to
discover the correct address." Adoption of Walker, 468 Pa. 165, 360
A,2d 603 (1976).
An illustration of good faith effort to locate the defendant
includes (1) inquires of postal authorities including inquiries
pursuant to the Freedom of Information Act, 39 C,F.R, Part 265, (2)
inquiries of relatives neighbors, friends and employers of the
Defendant and (3) examinations of local telephone directories,
voter registration records, , local tax records, and motor vehicle
records,
I,
,
!
As indicated by the attached Sheriff's Return of Service,
marked hereto as Exhibit "A", the Sheriff has been unable to serve
the Complaint. A good Faith effort to discover the whereabouts of
the Defendant (s) has been made as evidenced by the attached
Affidavit of Good Faith Investigation, marked Exhibit "B",
WHEREFORE, Plaintiff respectfully requests service of the
Complaint by certified mail and regular mail to the defendant's
last known address.
Respectfully submitted:
';/J)
Lisa D~nkenbUrg, Esquire
Attorney for Plaintiff
V.
VI.
AFFIDA VIT OF GOOD FAITH INVESTIGATION
-
II,
Inquiry of Telephone Company
A. Directory Assistance Search:
The Telephone Company has no IIsllng for Andrew M. Cover wllh an
address of226 North 361h Slreet, CamphUJ, PA 17011.2605.
III,
Inquiry of Neighbors
Could not locale any neighbors to verify Ihal Andrew M, Cover does Indeed
reside al 226 North 361h Slreel,
IV.
12XIi18/r 8
Inquiry of Post Office
A. National Address Update:
As of May 6, 1999 the Nallonal Change of Address has Andrew M,
Cover listed at 226 North 361h Street, CamphllJ, PA 17011-260S.
Inquiry of DMV
The Pennsylvania Departmenl of Motor Vehldes has Andrew M. Cover
IIsled at 226 North 36th Street, CamphUJ, PA 17011-260S,
Other Inquiries
A, Death Records:
As of May 6, 1999 the Social Security Death Index has no death record
on file for Andrew M. Cover under his social security number,
B, Public Lieenses
None Found
C, County Voter Registration:
The county does not have Andrew M. Cover listed as a registered voter
with an address of226 North 36th Street, Camphill, PA 17011-260S,
D, A.K.A,:
Andrew 1'01, Cover, Andrew Cover, Andy M. Cover
E, D,O,B.:
Andrew M, Cover: 1971
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DESCRIPTION
I
ALL THAT CERTAIN lot of land situate in the Township of Hampden, County of Cumberland and
State of Pennsylvania, more particularly bounded and described as follows:
/
BEGINNING at a point on the Soulhweslern legal right-of-way line of Wood Street at the
Southeastern corner of lands now or formerly of Albert and Elizabeth Schaffhauser; thence along the
legal right-of-way line of Wood Street by a curve to the left having a radius of 58 feet, an arc
distance of 60,72 feet to an "x" in lhe concrete at the intersection of the southern legal right-of-way
line of Wood Street with the western legal right-of-way line of North 36th Slreet: thence through
Lot No, 16l of which this was formerly a pan, the following three courses and distances: (1) South
46 degrees 17 minutes 23 seconds West, a distance of 75,87 feet: (2) through [he pany wall
separating the house known as 226 Wood Slreet, hereon erected, ami house known as 2:!~ Wood
Street, South 5~ degrees ~2 minutes 40 seconds West, a distance of 30,077 feet: (3) South 72
degrees 18 minutes 58 seconds West, a distance of 167,29 feet [0 a p,k, nail in tree: thence North
19 degrees 2~ minutes 30 seconds West. a distance of ~5 feet to a lree at the Southwestern corner of
lanus now or formerly of Albert and Elizabeth Schaflnauser: thence along lands now or formerly of
Schaflnauser, North 63 degrees 07 minutes 0 seconds East. 225.1~ feet [0 a point, the place of
beginning,
BEING [he ;.Iorthern portion of Lot No, 162 as shown on Plan of Hollywood Development. as
recorded in Plan Book 9, page 17, Cumberland County Records, and funher being LOt No, 162-B,
Preliminary-Final Subdivision of Lot No. 16l Hollywood Development, dated January 22, 1981
recordeu in Plan Book , page
HAVING thereon erected a semi-detached dwelling known as 2~6 North 36th ~treet, Camp Hill,
Pennsylvania, Also being known as 226 Wood Street. Camp HIll, Pennsylvama,
Tax Parcel # 10-20-1850-0400
TITLE TO SAID PREMISES IS VESTED IN Jermifer Lynn Mohn, single and Andrew M, Cover,
J '01 . Joint Tenants with the Right of Survivorship by Deed from Thomas M, Markley and
r" Sln= e as -, d d 11/'0/9" ded
Dinah Scabo-Markley, his wife and Doris j, Mowery, Single person ate J -, recor
12/4/91, in Deed Book A-36, Page 448,
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Dank United
1'lalnUrr,
CUMIIERLAND COUNTY
COURT OF COMMON "I.EAS
v,
CIVil. IlIVISION
Jennifer L, Mohn
Andrew M, Cover
NO, 99.1914 Civil Term
Ddend.nl(I),
AFFIDA VIT PURSUANT TO RULE 3129
(Affidavit No,l)
Bank United, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth
as of the date the Praeeipe for the Writ of Execution was filed the following infonnation concerning the
real property located at 226 North 36th Street, Camp Hill. P A 17011.
1. Nwne and address of Owner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate,)
Jennifer L. Mohn
226 North 36th Street
Camp HiII, PA 17011
Andrew M, Cover
226 North 36th Street
Camp Hill, PA 17011
Present Whereabouts Unknown
2, Nwne and address of Defendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (If address eannot be
reasonably ascertained, please so indicate,)
Same as above
3, Nwne and address of every judgment creditor whose judgment is a reeord lien on the real
property to be sold:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably aseertained, please so indicate,)
None
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Oink UnUed
CUMOERLAND COUNTY
PlllnUrr,
v,
No, 99.1914 Civil Term
Jennlrer L. Mohn
Andrew M, Cov.r
D.rendant(.),
February 16.2000
TO: Jennifer L. Mohn
Andrew M, Cover
226 North 36th Street
Camp Hill. PA 17011
"THIS FIRM IS A DEBT COLLECTOR ATfEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR TflA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED
TO BE AN ATfEMPTTOCOLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY,..
Your house (real estate) at 226 North 36th Street. Camp Hill. PA 17011, is seheduled to be
sold at the Sheriffs Sale on June 7. 2000 at 10:00 a,m, in the Cumberland County Courhtouse. South
Hanover Street. Carlisle, PA 17013, to enforce the court judgment obtained by Bank United (the
mortgagee) against you, If the Sheriffs sale is postponed, the property will be relisted for the
Sheriff's Sale,
NOTICE OF OWNER'S RIGHTS
YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be eancelled if you pay to the mortgagee the back payments. late charges,
costs and reasonable attorney's fees due, To find out how much you must pay, you may
eall: (215) 563-7000.
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 eause,
3, You may also be able to stop the sale through other legal proeeedings,
.... ....
You may need an allomey 10 assen your rillhts, Thc sooner you conlact one, the Illore chance
you will have of stopping the salc, (Scc nolicc on pallC two on how 10 obtain an allomey,)
YOU MAY STILI. liE AIILE TO SA VE YOlllt l'IWI'EltTY ANI) YOII IIA VE OT/n:R
IUGHTS EVEN IF TilE SIIEIUFF'S SALE I)OES TAKE I'LACE.
I, If the Shcriffs Sale is not stoppcd, your propcn)' will be sold to the hillhcst bidder, You may
find out the price bid by ealling (215) 563.7000,
2, You may be able to petition the Coun to set aside the sale if the bid price was grossly
inadequate compared to the value of your propcny,
3, The sale will go through only if the buyer pays the Sheriff the full amount due in Ihe sale, To
find out if this has happened, you may call (717) 240-6390,
4, [fthe 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 that time, the buyer may bring legal proeeedings to cviet
you,
6. You may be entitled to a share of the money which was paid for your house, A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale, This
sehedule will state who will be receiving that money. The money will be paid out in accordance with
this sehedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed,
7 , You may also have other rights and defenses. or ways of gelling your home back, if you act
immediately after the sale,
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(SOO) 990-9108
DESCRIPTION
/
ALL THAT CERTAIN lot of land silUate in the Township of Hampden. County of Cumberland and
Slate of Pennsylvania, more particularly bounded and described as follows:
I
BEGINNI:-IG al a point on [he Southwestern legal right-of-way line of Wood Street at [he
Southeastern corner of lands now or formerly of Albert and Elizabeth Schaffhauser: thence along the
le2al ri2ht-of-wal' line of Wood Slreet bv a curve to the left havin2 a radius of 58 feet, an arc
di;tanc~ of 60,72 feet to an "x" in the concrete at the intersection ~f the southern legal right-of-way
line of Wood Street with the western legal right-of-way line of North 36th Street; thence through
Lot :-10, 162 of which lhis was fonnerly a part, the following three courses and distances: (I) South
46 degrees 17 minutes 23 seconds West, a distance of 75.87 feet; (2) through the party wall
separating the house known as 216 Wood Streer. hereon erected, and house known as 224 Wood
Street, South 54 degrees 42 minutes 40 seconds West, a distance of 30,077 feet: (3) South 72
degrees 18 minutes 58 seconds West, a distance of 167,29 feet to a p,k, nail in tree: thence North
19 de2rees 24 minutes 30 seconds West, a distance of 45 feet to a tree at the Southwestern corner of
lands ~ow or formerly of Albert and Elizabeth Schaffhauser: thence along lands now or formerly of
Schaftl1auser, North 63 degrees 07 minutes 0 seconds East, 225,14 feet to a point, the place of
beginning,
BEING the Northern portion of Lot No, 162 as shown on Plan of Hollywood Development, as
recorded in Plan Book 9, page 17, Cumberland COUnty Records, and further being Lot No, 162-B,
Preliminary-Final Subdivision of Lot No, 162 Hollywood Development, dated January 22, 1981
recorded in Plan Book , page
HAVING thereon erected a semi-detached dwelling known as 2~6 North 36th ~treet, Camp Hill,
Pennsylvania, Also being known as 226 Wood Slreet, Camp HIll. Pennsylvama,
Tax Parcel # 10-20-1850-0400
TITLE TO SAID PREMISES IS VESTED IN Jennifer Lynn Mohn, single and Andrew M, Cover,
Jr" single as Joint Tenants with the Right of Survivorsh!p by Deed from Tho~as ~1. Markley and
Dinah Scabo-Markley, his wife and Doris J, Mowery, smgle person dated 1l/JO/9_, recorded
12/4/92, in Deed Book .'\-36, Page 448.
Bank United
Plaintiff,
Cumberland COUNTY
COURT OF COMMON PLEAS
v,
Jennifer L. Mohn
Andrew M, Cover
226 North 36th Street
Camp Hill, Pa 17011
CIVIL DIVISION
NO, 99-1914
Defendanl(s),
AND NOW, this
ORDER
.:;,\1- day of ~
, 2000, after
consideration of Plaintiffs Motion for Special Service, it is hereby:
ORDERED that no further advertising or additional notice to lienholder or
Defendant(s) is required; and,
ORDERED that pursuant to Pa. R,C,P, 430(a), service of the Notice of Sale is
permitted on Defendant(s) Jennifer L, Mohn .
/
-:;7
REGULAR MAIL AT JENNIFER L, MOHN'S LAST KNOWN
ADDRESS
CERTIFIED MAIL AT JENNIFER L, MOHN'S LAST
KNOWN ADDRESS
3., Plaintiff attempted to serve the Defendant(s) via certified mail at226 North
36'" Street Camp Hill, Pa 1701l,Mail was not returned by the V,S, POSl Office and is
attached hereto as Exhibit" A",
4. Pursuant to Pa.R.C,P, 430, Plaintiff has made a good faith effort to
locate the Defendant(s), An Affidavit of Reasonable Investigation setting forth the specific
inquiries made and the results therefrom is attached hereto as Exhibit "D",
WHEREFORE, Plaintiff respectfully requests the allowance of service of the
Notice of Sale in accordance with Pa.R,C.P. 430 by certified and regular mail to Jennifer L,
Mohn's last known address,
EKL DATA, INC.
AFFII>A VIT OF GOOD FAITH INVESTIGATION
VI. Other Inquiries
A. Pc,lIh l{cl:ords:
1\' ur ~JlIr('h 8, 2000 the Sud.. Srcur'h' Ih-llth Indu bl. DO dtltb rtcord on nle ror
J~'III1Ift..'r t. .\'u'an under IIt'r lodalsrcurity number.
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or llr. No;th 36th SIre.., Camp 1111I,1''\ 17011-2605, ..."",.,(,,,
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FEDERMAN AND PHELAN
By: Fraok Federman, Esquire
Attorney I.D. No.: 12248
Two Penn Center Plaza, Suite 900
Phlladelpbla, PA 19102
(215) 563-7000
Attorney Cor PlalntUT
Bank United
v,
Plaintiff,
Cumberland COUNTY
COURT OF COMMON PLEAS
Jennifer L, Mohn
Andrew M, Cover
226 North 36th Street
Camp Hill, Pa 17011
CIVIL DIVISION
NO, 99-1914
Defendant(s),
PLAINTIFF'S MEMORANDUM OF LA W
Pursuant to Pennsylvania Rule of Civil Procedure 3129, it is now necessary in a
foreclosure action for the Sheriff to serve upon the Defendant(s) Notice of the Sale of the
mortgaged premises.
Pa.R.C.P. 3129(b)(2) provides in part:
(2) The written notice prepared by the Plaintiff shall contain the same
information as the handbills or may consist of the handbill and shall be served
by the Sheriff at least thirty (30) days before the Sale on all persons whose
names and addressed are set forth in the affidavit required by subdivision (a),
The Plaintiff shall direct the Sheriff to make service either:
(i) in the manner prescribed by Rule 402 for the service of original
process upon a Defendant.
(ii) or by mailing a copy..,
Because the Defendant(s)' whereabouts are unknown, a reasonable investigation
of the whereabouts was made in accordance with Pa,R,C,P, 430(a),
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FEDBRMAN AND PHELAN
by. Lisa D. Blankenburg, Bsquire
Atty. I.D. No. 78020
Two Penn Center Plaza, Suite 900
Philadelphia, PA 19102-1799
(21~) ~~1-7Qaa
ATTORNEY FOR PLAINTIFF
BANI!: ONITBD
CllIIIIBRLAND COUNTY
COtl'llT OF COMMON PLBAS
VB,
JlIIlNIFBR L. MOlIN
ANDREW M. COVER
CIVIL DIVISION
NO, 99-1914 CIVIL TBRM
ORDBR
AND NOW, this
day of
, the
Prothonotary is ORDERED to reassess the damages in this case as follows:
Principal Balance
Interest Amount
10/1/98 through 6/7/00
Late Charges
Legal fees
Cost of Suit and Title
Sheriff's Sale Costs
Inspections/Other
Appraisal Fees
Escrow
Credit
Deficit
$74,280,81
9,324.62
522,93
3,714,00
1,437.00
0,00
301. 75
0,00
0,00
2,160,49
TOTAL
$91,741.60
Plus interest per diem from 6/7/00 through Date of Sale at six (6%) percent,
NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS
AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES,
BY THE COURT:
J,
PEDERMAN AND PHELAN
by. Lisa D. Blankenburg. Esquire
Atty. 1.0. No. 78020
Two Penn Center Plaza, Suite 900
Philadelphia. PA 19102-1799
(2'~) ~~~-7nllO
ATTORNEY POR PLAINTIFF
BANIC UNITED
CUMBERLAND COUNTY
COURT OJ' COMMON PLIAS
VI.
JBNNIJ'IIR L. MOIIII
ANDRIlW M. COVllR
CIVIL DIVISION
NO. 99-1914 CIVIL TERM
BRIIIF 01" LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO RIlASSBSS DAMAGES
I. BACKGROUND OF CASE
Plaintiff and Defendant (8) entered into a Promissory Note and Mortgage
Agreement, wherein Defendant (8) agreed to pay Plaintiff principal, interest,
late charges, real estate taxes, hazard insurance premiums and mortgage
insurance premiums as said monies became due.
In turn. Plaintiff I s Note was
secured by a mortgage on the subject premises.
The Mortgage Agreement
indicates that in the event Defendant (8) defaults, Plaintiff may pay any
necessary obligations in order to protect its collateral, the subject premises.
In the case sub ;udicia, Defendant (s) failed to abide by the Mortgage
Agreement by failing to tender numerous, promised monthly mortgage payments.
Accordingly, after Plaintiff determined that Defendant(s) were not going to
cure the default and bring the loan current, Plaintiff commenced a Mortgage
Foreclosure Action.
Judgment was subsequently entered by the Court, and the subject property
is scheduled for Sheriff's Sale.
Because of the excessive period of time between the initiation of the
Mortgage Foreclosure Action, the entry of Judgment and the Sher.iff's Sale date,
damages as previously assessed by the Court are outdated and must be increased
to include current interest, real estate taxes, insurance premiums, and other
expenses which Plaintiff has been obligated to pay under the Mortgage Agreement
in order to protect its interest.
II. ARGtlMENT FOR REASSBSSMENT OF DAMAGES
The Pennsylvania Rules of civil Procedure are silent with respect to the
issue of Reassessment of Damages; however, Rule 1037 provides, lithe
Prothonotary shall assess damages for the amount which Plaintiff is entitled if
it is a Dum certain or which can be mclde certdu1 by computllt ion..." In the
instant caDe, the amount to which Plaintiff io entitled iD readily calculated
by review of the Mortgage A.greement, which in of record, together with the
Complaint which Dpecitically lists the itemD cll<lrq""blc.
Clearly, if Ruie 1037 gives the Prothonotary the right to aDDeBD damages
for the amount to which Plaintiff is entitled aB Det forth in the Complaint,
the Court has similar power to reassess damages at a later date.
In addition, Rule 1037 (a) provides that the Court, on motion of a party,
may enter an appropriate judgment against a party upon default or admission.
If the Court has the power to enter judgment, it certainly has the power to do
a lesser act, to wit, reassess damages.
It is settled law in Pennsylvania that the Court may exercise its
equitable powers to control the enforcement of a judgment and to grant any
relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See
also, Stephenson v. Butts, 187 Pa.Super 55, 59, 142 A.2d 319, 321 (1958); Chase
Home Mortqaqe Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super
1988) .
In Chase Home Mortqaqe, the Court stated that where a judgment has been
assessed following defendant I s failure to file a responsive pleading in a
mortgage foreclosure action, a mortgagee "... could properly move the court to
amend the judgment to add additional sums due by virtue if the mortgage's
failure to comply with the terms of the mortgage agreement...1I Id. at 24.
Because a judgment in mortgage foreclosure is strictly in rem, it is critical
that the judgment reflect those amounts expended by the Plaintiff in protecting
the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335
(1971) .
Plaintiff submits that if Plaintiff went to sale without reassessing
damages, and if there was competitive bidding for the subject premises,
Plaintiff would suffer irreparable harm in that it would not be able to recoup
monies it paid to protect its interest. Conversely, a reassessment of damages
will not be detrimental whatsoever to Defendant (s) a~ it imputes no personal
liabili ty.
The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat.
Bank case that the debt owed on a mortgage
changes and can be "xpectf'd to ctMneJc from d.1Y to day, becAuse Western
Pennoylvania muot p.1Y ~xpen(lco tor the property in order to protect its
collateral. 445 Pa. II? 282 A.2d )]5 (1971). Bec3une a mortgage lien In not
extlngulohed until tho debt 10 p.id, PI.lntiff muot protect ito coll.teral up
until the date of Dale. ::cc Ucckl1}cln V.A)_~_~l.l~.~Tr;a_~~, 332 Pa. 545, 2 A.2d
826 (1939).
Therefore, Plaintiff r"opectfuJ Iy submits that if the enforcement of its
rights are delayed by legal proceedings and enforcement of its judgment, and
such delays require the mortgagee to expend additional sums pursuant to the
Mortgage, then said expenseD become part of the mortgagee1s lien and should be
included in said judgment. As the Court indicated in FNMA v. Jefferson, an
unreported case a copy of which is attached hereto, since the charges
enumerated in Plaintiff's Motion for Reassessment of Damages were incurred
pursuant to the Mortgage Agreement, and the mortgage had not yet been paid,
said charges should be included in Plaintiff's judgment amount. May Term, 1986,
No. 2359 (CCP PHlLA. 19861.
III. CONCLUSION
Plaintiff respectfully requests this Honorable Court grant its Petition to
Reassess Damages. Plaintiff respectfully submits that it has acted in good
faith in maintaining the property in accordance with the Mortgage, and in
reliance on said instrument
with the understanding that it would recover the monies it expended to protect
its collateral.
WHEREPORE, Plaintiff respectfully requests this Honorable Court to
reassess the damages as set forth in the Petition to Reassess Damages.
~m
LISA D. BLANKllNBURG, ESQUIRE
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VIlRIPICATION
Lisa D. Blankenburg, Esquire, hereby states th~'1t she is the attorney for
Plaintiff in this action, that ahe ia authorized to take this affidavit, and
that the statements made in the foregoing Petition for Reassessment of Damages
are true and correct to the beat of her knowledge. information and belief. The
undersigned understands that this statement herein is made subject to the
penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to
authorities.
DATE: May 26, 2000
~~~~
Lisa D. Blankenburg, Esquire
Attorney for Plaintiff
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STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
} 55,
I, - nun____ _n _[l9_i!.~r L?'_~j_e.g!!!J'_n_n n_ __nhUUn _n_ __n__ n__ ____ _ n__ Reeo.der 01
Deed. in and lor said Count)' and Slale do hereb)' eertil)' that the Sheriff'. Deed in whieh h__n______u__
Bank United .
--------------------------- ---------------.----- ---.---- ----------------- ----_______ 15 the grantee
, 7th
the same having been sold to said granlee on the ---------------h-__________________________u_ day of
nh______~~~~_n___n____n___n____n_ A. D., 9n__~!l_~?under and by virtue ola writ______________
n___~~~_'":.~~~.?_~_h_______n__n_ _____ ___n_n__ i..ued on the _____ _n__~~!:~_n____ ____n____n___
February ~ 00
day or nh___nnn_____________ A. D., I"n____' oul or the Court or Cornman PIe.. or !laid County as 01
civil 99
n_____________n___ n_nh n _.. __ u_ - - - __ _ _ n _ __ __ __n__ _ _ __ _n_n __ __ n_ _ __ _ _ _ _ _ Tenn, 19_ __ ____
1914 Bank United
Number ______________, at the suit or ______________________________________________________________.
----------- ------------ ------ -. - - - - againsL__:~~~_~: ~.:__~ _~~_~~_~__~~~:_~~_ ~_ _~ ~~~_~___ __ _____ it
dul)' recorded in Sherirr. Deed Book No. _ _: ~~ _ _ _ ___ _, Page n ~~_~___ _n'
IN TESTIMONY WHEREOF, I have hereunto
.et m)' hand and .eal ol.aid office Ihis ___:Z~____ day
01 ____~_~/}.__s.n_____n___n____ A, D,. t9"_c9-~
~~~~.;;:~in;.d..
llecerdef" Deeds, OImlledond Coulllr, CIrtisle, M
IIJOIl"" , .1,Elpiwaa,rilllllllllll..........
Bank United In the Court of Common Pleas of
-vs- Cumberland County,Pennsylvania
Jennifer L.Mohn and Andrew M. Coover No. 99-1914 Civil
lIarold J. Weary, Deputy SheriITwho being duly sworn according to law. says on
March 29. 2000 at 4: 13 o'clock P.M. EST, he posted a copy o!' Rcal Estate Writ Notice
Poster and Description, in the above entitled action upon the property of Jennifer Mohn
and Andrew Coover located at 226 North 36th Street. Camp Hill. Cumberland County.
Pennsylvania according to law,
Richard E. Smith Deputy SheriITwho being duly sworn according to law. says on
April 6, 2000 at 10:27 o'clock A.M. EDST. he served a true copy of Real Estate Writ
Notice Poster and Description in the above entitled action upon one of the within named
defendants to wit: Jennifer Mohn by making known unto Martin ManaH, husband at 226
North 36th Street. Camp Hill, Cumberland County. Pennsylvania. its contents and at the
same time handing to him personally the said true and attested copies of the same.
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: Jennifer Mohn by first class mail to 226 North 36th Street, Camp Hill,
Pennsylvania. This letter was mailed under the date of April 7,2000 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 out cry at the Court House, Carlisle, Cumberland County, Pennsylvania,
on June 7, 2000 at 10:00 o'clock A.M. EDST and sold the same for the sum 01'$ 1.00 to
Dale Shughart JR. for Bank United. It being the highest bid and best price quoted for the
same Bank United of 3200 Southwest Freeway, Mail Drop 1422, Houston Texas paid to
Sheriff R. Thomas Kline the sum of $ 1.0 I 1.04 it being costs.
Sheriffs Costs
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
County
Mileage
Certified mail
Levy
Surcharge
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
30.00
19.82
15.00
15.00
30.00
10.00
.50
1.00
18.60
1.17
15.00
30.00
423.50
324.15
24.80
25.00
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Und!rAct No. 587. AoomuM Mau 16.1929
Commonwealth 01 Pennsylvania, County 01 Dauphin} S8
Michael Morrow being duly sworn according to low, deposes and says:
Thai he is tho Asslslanl Controllor 01 THE PATRIOT.NEWS CO.. a corporallon organized and existing under Ihe laws
01 Iho Commonwoalth 01 Ponnsylvanla, with its principal office and place of business al B12 10 BIB Markel Slreet, In
Ihe City 01 Harrisburg, Counly 01 Dauphin, Slate of Pennsylvania, owner and publisher of THE PATRIOT.NEWS and
THE SUNDAY PATRIOT.NEWS nowspapers of general circulation, prlnled and published 01 B12 10 B18 Market Slreel,
In Iho Cily, Counly and Slale aforesaid; Ihat THE PATRIOT.NEWS and THE SUNDAY PATRIOT.NEWS were eslabllshed
March 4th, 1854, and September lBlh, 1949, respectively, end all have been continuously published aver since;
Thai Ihe printed notlco or publication which Is securely altached hereto Is exaclly as prlnlad and published In
Ihelr rogular dally and/or Sunday and Metro edltlonsllssuos which appeared on the 2nd, 91h end 16th day(s) of May
2000. That neither he nor said Company Is In Ie res led In the subject molter of said printed notice or advertising, and
Ihal all of Ihe allegations of Ihls statement as to the time, place and character of pubtication are true; and
That he has personal knowledgo of the facts aforesaid and Is duly authorized and empowered to verify this
slatemenl on behalf of The Patrlot.News Co. aforesaid by virtue and pursuant to a resolullon unanimously passed and
adopted severally by the stockholders and board of dlrecto s of the said Company and subsequently duly recorded In
the office for the Recording 01 Deods In and for said Count of auphl'1ln Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COpy
s ALE #16
n to and subscribed be re
Nolanal Seal 7 h
Terry ,L. Russell. Notary Public P/ I ~
HarriSburg, Daupl1ln County
My Commission Ell'Pites June 6. 2002 N ARV PUBLIC
Member, Pennsylvania ASSOCiatiOn Of NOI I commission expires June 6, 2002
~
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CUMBERlAND COUNTY SHERIFFS OFFICE
CUMBERlAND COUNTY COURlHOUSE
CARLISLE, PA. 17013
Statement of Advertisina Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication allached
hereto on the above stated dates $
Probating same Notar/ Fee(s) $
Total $
322.65
1.50
324,15
Publisher's Receipt for Advertising Cost
THE PATRIOT-NEWS CO., pUblisher ofTHE PATRIOT-NEWS and THE SUNDAY PATRIOT.NEWS, newspapers of general
circulation. hereby acknowledge recoipt of the aforesaid notice and publication costs and certifies that the seme have
been duly paid. THE PATRIOT-NEWS CO.
By.............................................................."'...
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approvcd May 16, 1929), p, L.1784
STATE OF PENNSYLVANIA :
55,
COUNTY OF CUMBERLAND :
Roger M, Morgentbal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
APRIL 28. MAY 5. 12, 2000
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 ofthe aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL ESTATE SALE NO. 16
Wrtt No. 99.1914 CIvil
Bank United
VS,
JennIfer L. Moho and
Andrew M. Cover
Atty.: Frank Federman
DE:SCRlPTION
ALL THAT CE:RTAlN lot or land
situate In the Township of Hampden.
County of Cumberland and State of
Pennsylvania. more particularly
bounded and descrtbed as follows:
BE:GINNING at a point on the
Southwestern legal right-oC-way line
, of Wood Street at the Southeastern
comer of lands now or formerly of
Albert and Ellzabeth Schaflhauser:
thence along the legal right-oC.way
line of Wood Street by a curve to the
left having a radius of 58 feel. nn arc
\ distance of 60.72 feet to an "x" In the
" concrete at the Intersectlon of the
i"/~
Rogett'M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
12 day of MAY. 2000
NOTAR1^t seAL
tDlG E. SNYOER, ,"""')' Publk
Car1id. 150'0, Cumb.rlond County, PA
My Commillion Expir.. March .5, 200 1
~
.
.
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 MA Y STILL BE ABLE TO SA VE YOUR PROPERTY AND YOU If A VE OTHER
RIGIfTS EVEN IF THE SHERIFF'S SALE nOES TAKE PLACE,
I. If the SherifCs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
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 (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the 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 distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE, IF YOU DO NOT HAVE
ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY A VENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
II
,
r
""
.
DESCRIPTIO:>;
I
ALL TH.-\T CERTAIN lot or land situate in the Township or Hampden, County of Cumberland and
State of Pennsylvania, more particularly bounded and described as follows:
I
BEGINNI:-;G at a point on the Southwestern legal right,of-way line of Wood Street at the
Southe:lstern corner or l:lnds now or formerly or Albert and Elizabeth Schafthauser: thence along the
leg:ll right-or'-w:lY line or Wood Street by a curve to the left having J radius of 58 reet, an :lCC
distance or 60. i2 reet to an "x" in the concrete at the intersection of the southern legal right-of-way
line or Wood Street with the western leg:ll right-or-way line or North 36th Street: thence through
Lot :-10. 162 or' which this was rormerly a part, the following three courses and distances: (1) South
46 degrees 17 minutes 23 seconds West. a distance or 75.87 feet; (:!) through the party wall
sep:lrating the house known as 226 Wood Street. hereon erected. :lnd house known as 22~ Wood
Street, South 54 degrees ~2 minutes ~O seconds West. a distance of 30.077 feet: (3) South 72
degrees 18 minutes 58 seconds West, a distance of 167.29 feet to a p.k. nail in tree; thence North
19 degrees 2~ minutes 30 seconds West, :l distance of ~5 feet to a tree at the Southwestern corner or'
lands now or formerly of .-\Ibert and Eliz:lbeth S.:h:lffhauser: thence :llong lands now or formerly or
Sch:lftl1auser. North 63 degrees 07 minutes 0 seconds East. 225.1~ feet to a point. the place of
beginning.
BEI:-iG the :-iorthern portion of Lot :-io. 162 as shown on Plan of Hollywood Development. as
recorded in Plan Book 9. page 17, Cumberland County Records. and further being Lot :-io. 162-B,
Preliminary-Final Subdivision of Lot No 162 Hollywood Development. dated January 22. 1981
recordeu in Plan Book . page
HAVING thereon erected a semi-detached dwelling known as 226 North 36th ~treet, Camp Hill,
Pennsylvania. Also being known as 226 Wood Street. Camp HIli, Pennsylvania.
Tax Parcel /I 10-20-1850-040D
TITLE TO S.-\ID PREMISES IS VESTED IN Jennifer Lynn Mohn: single and Andrew ~~. Cover,
Jr.. single as Joint Tenants with the Right of Survivorsh~p by Deed tram Tho~~as ~l. ~~arl..ley and
Dinah S'::lbo-Markley. his wife and Doris J. Mowery, single person dated II'JO/9_. re.orded
12/4/92, in Deed Book A-36, Page ~48.
.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYL VANtA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF _Cumberl1!Dd COUNTY:
To satls'y the debt, Inleres. end COSls due _!lank United
NO. 99-1914 CIVIL tGC-.:Ji'rm
CIVIL ACTION. LAW
PLAINTlFF(S)
'rom Jennifer L, /obhn llnd Andrew M, Cover, 226 North 36th Street, CIlJTp HIll, PA 17011
DEFENDANT(S)
(1) You are directed to levy upon the property 01 Ihe delendanl(s) and 10 sell See Legal Description
I
(2) You are also directed 10 allach Ihe property of the defendant(s) not levied upon in Ihe possession 01 _
GARNISHEE(S) as lOllows:
I
and 10 nolffy Ihe garnishee(s) that: (a) an allachment has been issued; (b) Ihe garnishee(s) Is/are enjoined from paying any
debIto or for the accounl 01 the defendant(s) and from delivering any property 01 Ihe defendant(s) or otherwise disposing
thereof;
(3) If property 01 the defendant(s) nol levied upon an Subject 10 allachment is lound in the possessionol anyoneolher
than a named garnishee. you are direcledlo notify hiOVherlhat he/she has been added as a garnishee and Is enjoined as above
slaled.
$85,775,88
from 1/4/00 - 6/7/00
~2,le5 50 aRG CGsts
Amounl Due
Inleresl
Ally's Comm
Ally Paid
Plainlilf Paid
%
L.L.
Due Prolhy
Other Cosls
$,50
n.OO
S160 lO
Dale:
F"'brua~ 22. 2000
Cllrt-i.c:: R _ T I1ng
Prothonotary, Civil Division
~ .an.,,-,. p ~~-Ir--
~ Deputy
REQUESTING PARTY:
Name Frank Fedenran, Esq,
Address: '!Wo Penn Center Plaza Suite 900
Philadelphia, PA 19102
Altorney tor: Plaintiff
Telephone: 215-563-7000
Supreme Court fD No. 12248
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Andrew M. co~ver
226 North 36th SIr
Camphill, PA I
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E'EDERr-'.AN JU1D P~:::"l\~:
Fran;'; Federman, Esqu: r')
Identification r-;o, 122~3
Two Penn Center Pla:a
Sui te 900
Philadelphia, PA 19102-1799
(215) 563-7000
BANK UNITED
A7,OPNE'( fOR PLAW,I"
COURT Of COMMON PLEAS
vs,
CIVIL DIVISION
CUMBERLAND COUNTY
NO, 99-1914-CIVIL TERM
Plaintiff
JENNIFER L. MOHN
ANDREW M, COVER
Defendant(s)
TO: JENNIFER L, MOHN
226 NORTH 36TH STREET
CAMPHILL, PA 17011
DATE OF NOTICE: DECEMBER 22, 1999
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT,
ANY INfORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE, IF
YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN
AGAINST PROPERTY,
IMPORTANT NOTICE
You are in default because you have failed 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
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE. PA 17013
(717) 249-3166
Frank Federman, Esquire
Attorney for Plaintiff
.
-
. .
~
%lAY' 2 fj' /,qSS ,t~
BY: Lisa D. Blankenburg, Esq,
ACCy, I.D. #78020
SCe. 900/Two Penn CenCer Plaza
Philadelphia, PA 19102
(215) 563-7000
BANK UNITED
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
No, 99-1914-CIVIL
vs.
JENNIFER L, MOHN
ANDREW M, COVER
ORDER
AND NOW, chis ~ 7
'n 1l1il
, 1999, upon
day of
consideracion of Plainciff' s Mocion and the Affidavic of Good Faich
Investigation attached thereto, it is hereby ORDERED that Plaintiff
may obtain service of che Complaint on the above captioned
Defendant(s), ANDREW M. COVER, by mailing a true and correct copy
of the Complaint by certified mail and regular mail to the
defendant's last known address at 226 NORTH 36TH STREET, CAMPHILL,
PA 17011,
i"\ ,
S~tVice .of the aforementioned mailings is effective upon the
date of mailing and is to be done by Plaintiff's attorney, who will
file with the Prothonotary'S Office an Affidavit as to the mailing.
BY THE COURT:
l.s/ i:irr<-- 8, a3a-.~'J
J.
CORRECTION
Previous Image
Refilmed to Correct
Possible Error
1 ,
-
BY: Llsa 0, Blankenburg. Esq.
A~~y, I,D. "'8020
S~e. 900/Two Penn Cen~er Plaza
Philadelphia, PA 19102
(215) 563 -7000
BANK UNITED
~:...
oWA ~ 2.'i l.q9~, l ~
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
No, 99-1914-CIVIL
vs.
JENNIFER L, MORN
ANDREW M, COVER
ORDER
AND NOW, ~his ,.;[7
day of
'n:j./1(l
, 1999, upon
considera~ion of Plain~iff's Mo~ion and ~he Affidavi~ of Good Faith
InveS~iga~ion attached thereto, it is hereby ORDERED that Plaintiff
may obtain service of the Complaint on the above captioned
Defendant(s), ANDREW M. COVER, by mailing a true and correct copy
of the Complaint by certified mail and regular mail to the
defendant's last known address at 226 NORTH 36TH STREET, CAMPHILL,
PA 17011.
'\ ,
Se,t'irice ,of the aforementioned mailings is effective upon the
date of mailing and is to be done by Plaintiff's attorney, who will
file with the Prothonotary's Office an Affidavit as to the mailing.
BY THE COURT:
I~/ Cdr<- 8. ~d
J.