HomeMy WebLinkAbout99-03639
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Empire Mortgage X Inc. Assignee
Of Key Bank & Trust, Assignee
Of Ameriquest Mortgage Company
-vs-
Barry A. Myers and Judy K. Myers
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 99-3639 Civil
R. Thomas Kline, Sheriff, who being duly swom according to law, says this writ is
returned STAYED.
Sheriffs Costs:
Docketing 30.00
Law Library .50
County 1.00
Mileage 6.20
Levy 15.00
Postpone sale 20.00
Surcharge 24.00
Poundage 1.93
$ 98.63 pd by atty
9-1-99
Sworn and Subscribed To Before Me
This 9 r` Day of?
-
1999,A.D. L) I pt,
So answers.?
R. Thomas Kline, Sheriff
By .
Real Estate Deputy
,?Lt?t.e do l ?LcI?C-?
kb
5iD
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL DIVISION
EMPIRE MORTGAGE X. INC., assignee
of KEY BANK & TRUST, assignee of
AMERIQUEST MORTGAGE COMPANY,
Plaintiff,
vs. No. 99-3639
BARRY A. MYERS and JUDY K. MYERS,
Defendants,
AFFIDAVIT PURSUANT 0-RULE3129,1
Empire Mortgage X, Inc. et al. , Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ
of Execution was filed the following information concerning the real property located at 5 Texaco Road,
Mechanicsburg, PA 17055.
1. Name and address of Owner(s) or Reputed Owner(s):
Name: Address (Please indicate if this
cannot be reasonably ascertained)`.
Barry A. Meyers 5 Texaco Road
Judy Meyers Mechanicsburg, Pa 17055
2. Name and address of Defendant(s) in the judgment:
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Same as No. 1 above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name:
Address (Please indicate if this
cannot be reasonably ascertained)
NONE
Name
4. Name and address of the last recorded holder of every mortgage of record:
Address (Please indicate if this
cannot be reasonably ascertained)
Alternative Lending Mortgage Corporation
IMC Mortgage Company
Loretta C. Manbeck
Sharon C. Manning
305 5th Street
Bay City. MI 43703
5901 E. Fowler Avenue
Tampa, FL 33607
73 Regency South
Carlisle, PA 17013
5. Name and address of every other person who has any record lien on the property:
Name Address (Please indicate if this
cannot be reasonably ascertained)
NONE
6. Name and address of every other person who has any record interest in or record lien on the
property and whose interest may be affected by the sale:
Name
NONE
Address (Please indicate if this
cannot be reasonably ascertained)
7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest
in the property which may be affected by the sale:
Name
Tax Collector of Township of Silver Spring
Silver Springs Township (Sewage)
Court of Common Pleas of
Cumberland County
Domestic Relations Division
Address (Please indicate if this
cannot be reasonably ascertained)
269 Woods Drive
Mechanicsburg, PA 17055
6475 Carlisle Pike
Mechanicsburg, PA 17055
c/o Richard K. Betts
P.O. Box 320
Carlisle, PA 170133
Commonwealth of PA -DPW
Bureau of Compliance
Tenant/Occupant
P.O. Box 8016
Harrisburg, PA 17105
Clearance Support Section
Dept. 0281230
Harrisburg, PA 17128-1230
Attn: Susan Blough
5 Texaco Road
Mechanicsburg, PA 17055
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities.
AugusL9 -1999 _
Date
SWORN TO and subscribed
before me this 9th day
of August, 1999.
Notary Public
Notarial Seal v,,Ulic
inn M. Gonzales.
omm?ssu;? :a ru•.'NO_ '___
M
Louis Vitti, Esquire
Attorney for Plaintiff
NOTICE OF SHERIFF'S SALE OF
REAL ESTATE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
TO: Barry A. Myers
Judy Myers
5 Texaco Road
Mechanicsburg, Pa 17055
AND: ALL LIEN HOLDERS
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common
Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be
exposed to Public Sale in on December 8, 1999 at 10:00 A.M., the following described real estate, of
which Barry A. Myers and Judy Myers are owners or reputed owners:
in:the Township of Silver Spring, Cty. of Cumberland and Cmwlth. of PA. HET a dwg. k/a 5 Texaco Road,
Mechanicsburg, PA 17055. Parcel # 38-20-1831-037.
The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Empire
Mortgage X, Inc. et al. vs. Barry A. Myers and Judy K. Myers at No. 99.3639 in the amount of
$105,600.52.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before the sale date.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from
sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the
Sheriff no later than ten (] 0) days from the date when Schedule of Distribution is filed in the Office of the
Sheriff.
Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment
against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights
to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you
wish to exercise your rights you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
TELEPHONE: (717) 249-3166
You may have legal right to prevent the Sheriffs Sale and the loss of your property. In order to
exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you.
You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a
petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or objection you
might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to
Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court
alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is
opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has
a valid claim to foreclose the Mortgage.
You may also have the right to have the judgment stricken if the Sheriff has not made a valid return
of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after
service or in certain other events. To exercise this right, you would have to file a petition to strike the
judgment.
You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale
if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right.
You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly
inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition
with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will
deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the
Schedule of Distribution is filed in the Office of the Sheriff.
Lbbis P. Vitti, Esquire
Attorney for Plaintiff
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
"THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE."
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
EMPIRE MORTGAGE X, INC., assignee
of KEY BANK & TRUST, assignee of
AMERIQUEST MORTGAGE COMPANY,
Plaintiff,
VS. No. 99-3639
BARRY A. MYERS and JUDY K. MYERS,
Defendants,
LONG DESCRIPTION
ALL that certain piece or portion of ground, together with all of the building and improvements thereon, and
all of the rights, ways, privileges, servitudes, appurtenances and advantages thereunto belonging or in anywise
appertaining, situated in the Seventh District of the City of New Orleans, in square No. 231 bounded by
Eagle, Monroe, Green and Hickory Streets, designated as Lot No. Eight (8) on a sketch of survey made by
F. G.Stewart, surveyor, dated September 19, 1946, a copy of which is annexed to an act of purchase by the
Euitable Mutual Homestead Association, passed before Frank W. Magne, late said Lot No. Eight (8)
commences at a distance of sixty feet (60) from the comer of Eagle and Hickory Streets, and measures thirty-
nine (39) feet front on Eagle Street, the same width in the rear, by a depth between equal and parallel lines
of one hundred twenty feet (120).
Being the same premises which Sharon C. Manning and Loretta C. Manbeck, co-executrixes of the Estate of
Mary E. Myers, deceased by deed dated 07/09/1997 and being recorded on 07/18/1997 in the Cumberland
County Recorder of Deed's Office in Deed Book Volume 161, Page 250, granted and conveyed unto Barry
A. Myers and Judy Myers.
Having erected thereon a dwelling known as 5 Texaco Road, Mechanicsburg, PA 17055
Louis P. Vitti & Associates
916 Fifth Avenue
Pittsburgh, PA 15219
(412)281-1725
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 99-3639 CIVIL 19 _
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF Cumberland COUNTY:
To satisfy the debt, interest and costs due Empire Mortgage X, Inc. , assignee of Key Bank
& Tr., assignee of Ameriquest Mortgage Company PLAINTIFF(S)
from Barry A. & Judy K. Myer=, 5 Texaco Rd., Mechanicsburg PA 17055.
DEFENDANTS
(1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located
at 5 Texaco Road, Mechanicsburg PA 17055. (See attached legal
description.)
(2) You are also directed to attach the properly of the defendant(s) not levied upon in the possession of
. GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found inthepossession of anyoneother
than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $105,600.52 LL $.50
Interest $3,396.95 Due Prothy $1.00
Atty's Comm % Other Costs
Ally Paid $117.58
Plaintiff Paid
Date: August 12, 1999
REQUESTING PARTY:
Name Louis P. Vitti
CURTIS R. LONG.
Prothon ary, lull Division
by: Cl i? ?_ Il (.
eputy
Address: 916 Fifth Ave.
Pittsburgh PA 15219
Attorney for: Plaintiff
Telephone: (412) 281-1725
Supreme Court ID No. 01072
REAL ESTATE SALE No, 27
/j, 199 9 the sheriif levied upon the detenusj?-„
interest in the real property situated in
Cumberland County, Pa., known and numbered as: A
and more fully described on Exhibit "A" filed VJ;
this writ and by this reference incorporated herein.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EMPIRE MORTGAGE X, INC., assignee
of KEY BANK & TRUST, assignee of
AMERIQUEST MORTGAGE
COMPANY,
CIVIL DIVISION
NO. 99:3G.39 C;Ll,. L
COMPLAINT IN MORTGAGE
FORECLOSURE
Plaintiff,
VS.
Code
MORTGAGE FORECLOSURE
BARRY A. MYERS and JUDY K.
MYERS,
Defendants.
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Louis P. Vitti, Esquire
PA I.D. 113810
Supreme Court #01072
Louis P. Vitti & Assoc., P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
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
THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES
AND 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
SHOULD 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 17013
(717) 249-3166
AND NOW, comes the Plaintiff by its attorneys, Louis P. Vitti and Associates, P.C. and Louis P.
Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for
its Complaint in Mortgage Foreclosure, sets forth the following:
1. The Plaintiff is a corporation duly authorized to conduct business within the laws of the
Commonwealth of Pennsylvania, having a principal place of business located at 505 South Main Street,
Suite 6000, Orange, CA 92868.
2. The Defendant(s) is/are individuals with a last known mailing address of 5 Texaco Road,
Mechanicsburg, PA 17055. The property address is 5 Texaco Road, Mechanicsburg, PA 17055 and is the
subject of this action.
3. On the 18th day of May, 1998, in consideration of a loan of Eighty-Six Thousand, Two
Hundred Fifty and no/100 ($86,250.00) Dollars made by Ameriquest Mortgage Company, a DE corporation,
to Defendant(s), the said Defendant(s) executed and delivered to Ameriquest Mortgage Company, a DE
corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and Ameriquest
Mortgage Company, as mortgagee, which mortgage was recorded on the 26th day of May, 1998, in the
Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1455, page 652. The
said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length.
4. The premises secured by the mortgage are:
SEE EXHIBIT "A" ATTACHED HERETO
5. On or before the 19th day of April, 1999, Ameriquest Mortgage Company, a DE
corporation, assigned to the Plaintiff, Key Bank & Trust, the said mortgage, that assignment being recorded
in the Office of the Recorder of Deeds of Cumberland County on the 19th day of April, 1999, in Mortgage
Book Volume 610, page 247. The said assignment is incorporated herein by reference.
6. On or before the 19th day of April, 1999, Key Bank & Trust, a corporation, assigned to
the Plaintiff, Empire Mortgage X, Inc, the said mortgage, that assignment being recorded in the Office of
the Recorder of Deeds of Cumberland County on the 19th day of April, 1999, in Mortgage Book Volume
610, page 251. The said assignment is incorporated herein by reference.
7. Said mortgage provides, inter alia:
"that when as soon as the principal debt secured shall become due and payable, or in
case default shall be made in the payment of any installment of principal and interest, or any
monthly payment, keeping and performance by the mortgagor of any of the terms, conditions
or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of
Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest
and all other recoverable sums, together with attorney's fees."
8. Since October 1, 1998, the mortgage has been in default by reason, inter alia, of the failure
of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest)
and, under the terms of the mortgage, the entire principal sum is due and payable.
9. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania
Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagees intention to
foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been
served upon the mortgagor(s).
10. The amount due on said mortgage is itemized on the attached schedule.
11. Plaintiff does hereby release the personal representative, heir and/or devisee of the
mortgagor(s) from liability for the debt secured by the mortgage.
WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff
demands judgment for the amount due of One Hundred Four Thousand, Four Hundred Sixty-Eight and
20/100 Dollars ($104,468.20) with interest and costs.
Respectfully submitted,
LOUIS P. VITTI & ASSOC., P.C.
BY
Louis P. Vitti, Esquire
Attorney for Plaintiff
Myers, Barry A.
SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE
Unpaid Principal Balance
Interest @ 11.9900% from 09/01/98 through 06/30/99
(Plus $28.3079 per day after 06/30/99 )
Late charges through 06/01/99
0 months @ 53.19 0.00
Accumulated beforehand 531,90
(Plus $53.19 on the 17th day of each month after 06/01/99 )
Attorney's fee
Escrow deficit
(This figure includes projected additional charges that may be incurred by the
Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the
sheriff's sale)
BALANCE DUE
86,175'.06
8,548.99
531.90
4,308.75
4,9.03.5.0
104,468.20
u..v 11 1I .e. Iree l?l.Ml ry, enrvr •, Ln.?e.rrw •.q. ?. ?
EXHIBIT A
.1 IIIAi fI RTAIN "OrF111 51111AIID IN TIIE rown Slllr or SILVER SPRINTS III 111/
I Nliv ply C11Nn(RIAND Ann r(IMMONNr AIIII Of PENNSYLVANIA, BEING MORE F111LY
IISrRIRrn IN A Fri %INrlr n(rn OAI'fn 0//09/1997 AND Rr CORDED 07/10/1997, I.RING
IM IAN?) RI(f,mn4 111 7111 fNPlly ANn 10AIr SET FORTH ABOVE, IN VO10111 161 rADr
P.O
IAe PAR( II 1n In-l0.11111.01/
nnn"I%% S 11 WA(0 Rn
MI("ANI C Sn,R G, PA 1/0bb
EXHIM O AM
'100145$MC[ .658
l?
AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true
and correct to the best of his knowledge, 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.
By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the
verification cannot be obtained within the time allowed for the filing of this pleading, the pleading
is submitted by counsel having sufficient knowledge, information and belief based upon the
information provided him by the Plaintiff.
Lou' P. Vitti
Dated: June 11, 1999
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03639 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
EMPIRE MORTGAGE X INC ET AL
VS.
MYERS BARRY A
HAROLD J. WEARY , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon MYERS BARRY A the
defendant, at 1445:00 HOURS, on the 16th day of June
1999 at 5 TEXACO ROAD
MECHANICSBURG, PA 17055 CUMBERLAND
County, Pennsylvania, by handing to BARRY MYERS
a true and attested copy of the COMPLAINT - MORT FORE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers-
Docketing, 18.00
Service 5.58 vsl?
Affidavit .00
Surcharge 8.00 omas ine, eri
LOUIS06/18/ P. ITTI & ASSOC.
1999
by epu S erh?
Sworn and subscribed to before me
this /y a day of
19 I 11 A. D.
(Jr„ E. _ 1. W. . P.
ro ono a y
I
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
CASE NO: 1999-03639 P
COUNNTYW FL CUMBERLANDSYLVANIA:
EMPIRE MORTGAGE X INC ET AL
VS.
MYERS BARRY A
HAROLD J. WEARY , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
the
upon MYERS JUDY K
defendant, at 1445:00 HOURS, on the 16th day of June
3999 at 5 TEXACO ROAD
CUMBERLAND
PA 17055
MECHANICSBURG,
County, Pennsylvania, by handing to BARRY MYERS, ADULT IN CHARGE
a true and attested copy of the COMPLAINT - MORT FORE ,
and at the same time directing His attention to the contents thereof.
SHERIFF'S RETURN - REGULAR
06/18/1.VITTI & ASSOC.
999
So answers:?
6 . .00
?iisk ?X? P
00
.00 eri
8.00 mas in ,
by
sworn and subscribed to before me
this /F tr_ day of
1991? A. D.
n 7u?io,--
ro ono iy
ep eii?_
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EMPIRE MORTGAGE X, INC., assignee
of KEY BANK & TRUST, assignee of
AMERIQUEST MORTGAGE
COMPANY,.
Plaintiff,
VS.
BARRY A. MYERS and JUDY K.
MYERS,
CIVIL, DIVISION
No 99-3639
PRAECIPE FOR DEFAULT
JUDGMENT, CERTIFICATION OF
MAILING AND AFFIDAVIT OF NON-
MILITARY SERVICE
Defendants,
Code 140 MORTGAGE FORECLOSURE
Filed on behalf of
Plaintiff
Counsel of record for this
party
Louis P. Vitti, Esquire
PA I.D. #3810
Supreme Court #01072
Louis P. Vitti & Assoc., P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
EMPIRE MORTGAGE X, INC., assignee
of KEY BANK & TRUST, assignee of
AMERIQUEST MORTGAGE COMPANY,
Plaintiff,
VS. No. 99-3639
BARRY A. MYERS and JUDY K. MYERS,
Defendants,
PRAFCIPF FOR DFFA 1 T I11DGMFNT
AND ASSESSMENT OF DAMAGES
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Enter judgment in Default of an Answer in the amount of $105,600.52, in favor of
the Empire Mortgage X, Inc. et al. , Plaintiff in the above-captioned action, against the Defendants,
Barry A. Myers and Judy K. Myers and assess Plaintiffs damages as follows and/or as calculated
in the Complaint:
Unpaid Principal Balance $86,175.06
Interest from 09/01/98 - 08/09/99
(Plus $28.3079 per day after 08/09/99) 9,681.31
Late charges (Plus $53.19 per
month from 06/01/99 - 12/08/99 $319.14) 531.90
Attorney's fee 4,308.75
Escrow Deficit -4,903.5II
(Plus any additional charges that may be
incurred by the Plaintiff and transmitted
io the sheriff as charges on the writ prior
to the date of the sheriffs sale)
Total Amount Due $L9.fKQM
The real estate, which is the subject matter of the Complaint, is situate in the
Township of Silver Spring, City. of Cumberland and Cmwlth. of PA. HET a dwg. k/a 5 Texaco
Road, Mechanicsburg, PA 17055. Parcel # 38-20-183
Louis P. Vitti, Esquire
Attorney for the Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
EMPIRE MORTGAGE X, INC., assignee
of KEY BANK & TRUST, assignee of
AMERIQUEST MORTGAGE COMPANY,
Plaintiff,
VS. No. 99-3639
BARRY A. MYERS and JUDY K. MYERS,
Defendants,
RRTIFI AT ON OF MAILING
1, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed
to the Defendant(s), in the above-captioned case on July 7, 1999, giving ten (10) day notice that
judgment would be entered should no action be taken.
LOUIS P. VITTI & ASSOCIATES, P.C.
BY:6
Lou> P. Vitti, Esquire
Attorney for Plaintiff
SWORN to and subscribed
before me this 9th day
of August, 1999.
Ate, M, ( D .o
Notary Public
Notanal So' I
Ann M. Gonza?es, Notary Publle
Pntsowgp. M'c Y?any Cmly^ n
My Commisswn an. t.. -0.0
0on ?! I?n'?' ?s
eniGei, Pennsylvania :'C"a
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
EMPIRE MORTGAGE X, INC., assignee
of KEY BANK & TRUST, assignee of
AMERIQUEST MORTGAGE COMPANY,
Plaintiff,
vs.
No. 99-3639
BARRY A. MYERS and JUDY K. MYERS,
Defendants,
TO: Barry A. Myers
Judy K. Myers
5 Texaco Road
IMPORTANT NOTICE
Mechanicsburg, PA 17055
Date of Notice: July 7, 1999
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 YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMERLAND COUNTY BAR ASSOCIAION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166 ??
LOUIS P;,- TTI 8c ASSOCIfT , E.C.
BY: i Uril; ??JI t
Louis P. Vitti, Esquire
Attorney for Plaintiff
916 Fifth Avenue
Pittsburgh, PA 15219
** THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE."
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
COMMONWEALTH OF PENNSYLVANIA, SS:
COUNTY OF CUMBERLAND
BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, who,
being duly sworn according to law, deposes and says that he is advised and believes that
DEFENDANT(S) is/are not presently in the active military service of the United States of America
and not members of the Army of the United States, United States Navy, the Marine Corps, or the
Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with
the Army or Navy; nor engaged in any active military service or duty with any military or naval units
covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military
service, and to the best of this affiant's knowledge is/are not enlisted in military service covered by
said act, and that the averments herein set forth, insofar as they are within his knowledge, are correct,
and true; and insofar as they are based on information received from others, are true and correct as
he verily believes.
This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of
1940.
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Louis P. Vitti, Esquire
SWORN to and subscribed
before me this 9th day
of August, 1999.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EMPIRE MORTGAGE X, INC., assignee of CIVIL DIVISION
KEY BANK & TRUST, assignee of
AMERIQUEST MORTGAGE COMPANY,.
No. 99-3639
Plaintiff,
VS.
PRAECIPE FOR WRIT OF EXECUTION
AND AFFIDAVIT OF LAST KNOWN
ADDRESS
BARRY A. MYERS and JUDY K. MYERS,
Defendants, Code: 140 MORTGAGE FORECLOSURE
Filed on behalf of
Plaintiff
Counsel of record for this
party:
Louis P. Vitti, Esquire
PA I.D. #3810
Supreme Court #01072
Louis P. Vitti & Assoc., P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Capt ion :
Empire Mortgage X, Inc. et al.
VS.
Barry A. Myers and Judy K. Myers,
( ) Confessed Judgment
(X ) Other Writ of
Execution
: File No. 99-3639
: Amount Due $105,600.52
Interest $3,396,95
: Atty's Corm
Cos
TO THE PROMNOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail
installment sale, contract, or account based on a confession of judgment, but if it does,
it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as
amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and costs upon the following described property of the
defendant(s) Barry A. Myers and Judy K. Mya,-g
PRAECIPE FOR ATPACHMENT EJEJC.ZTIZON
Issue writ of attachment to the Sheriff of County, for debt,
interest and costs, as above, directing attachment against the above-named garnishee(s) for
the following property (if real estate, supply six copies of the description; supply four
copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the
said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens against
real estate of the defendant(s) described in the attached exhibit.
DATEe August 10, 1999 Signature: Ile
Print Name: .n ii c P. Vi i $ Assn 'a as
?ddress: 916 Fifth Avenue
Pittsburgh, PA 15219
.,- rncy tor:PlninEiff
.: 01072
Notes: If real property, supply six copies of description including improvements and an
original and copy of affidavit of ownership (PaR.C.P. No. 3129).
If lengthy personalty list, supply four copies of list.
To index writ, file separate praecipe with writ.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
EMPIRE MORTGAGE X, INC., assignee
of KEY BANK & TRUST, assignee of
AMERIQUEST MORTGAGE COMPANY,
Plaintiff,
VS. No. 99-3639
BARRY A. MYERS and JUDY K. MYERS,
Defendants,
I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief,
the Defendant(s), is/are the owners of the real property on which the Plaintiff seeks to execute. That the
Defendants' last known address is 5 Texaco Road, Mechanicsburg, PA 17055.
Louis P. Vitti, Esquire
SWORN TO and subscribed
before me this 9th day of
August, 1999.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
EMPIRE MORTGAGE X, INC., assignee
of KEY BANK & TRUST, assignee of
AMERIQUEST MORTGAGE COMPANY,
Plaintiff,
Vs. No. 99-3639
BARRY A. MYERS and JUDY K. MYERS,
Defendants,
AFFIDAVIT PIIRSLIANT 10, RULE 3129 1
Empire Mortgage X, Inc. et al. , Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ
of Execution was filed the following information concerning the real property located at 5 Texaco Road,
Mechanicsburg, PA 17055.
1. Name and address of Owner(s) or Reputed Owner(s):
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Barry A. Meyers 5 Texaco Road
Judy Meyers Mechanicsburg, Pa 17055
2. Name and address of Defendant(s) in the judgment:
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Same as No. 1 above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name:
Address (Please indicate if this
cannot be reasonably ascertained)
NONE
11
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Name
4. Name and address of the last recorded holder of every mortgage of record:
Address (Please indicate if this
cannot be reasonably ascertained)
Alternative Lending Mortgage Corporation
IMC Mortgage Company
Loretta C. Manbeck
Sharon C. Manning
305 5th Street
Bay City. MI 48708
5901 E. Fowler Avenue
Tampa, FL 33607
73 Regency South
Carlisle, PA 17013
5. Name and address of every other person who has any record lien on the property:
Name Address (Please indicate if this
cannot be reasonably ascertained)
NONE
6. Name and address of every other person who has any record interest in or record lien on the
property and whose interest may be affected by the sale:
Name Address (Please indicate if this
cannot be reasonably ascertained)
NONE
7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest
in the property which may be affected by the sale:
Name
Tax Collector of Township of Silver Spring
Silver Springs Township (Sewage)
Court of Common Pleas of
Cumberland County
Domestic Relations Division
Address (Please indicate if this
cannot be reasonably ascertained)
269 Woods Drive
Mechanicsburg, PA 17055
6475 Carlisle Pike
Mechanicsburg, PA 17055
c/o Richard K. Betts
P.O. Box 320
Carlisle, PA 17013
Commonwealth of PA -DPW
Bureau of Compliance
Tenant/Occupant
P.O. Box 8016
Harrisburg, PA 17105
Clearance Support Section
Dept. #281230
Harrisburg, PA 17128-1230
Attn: Susan Blough
5 Texaco Road
Mechanicsburg, PA 17055
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
August 9, 1999
Date
SWORN TO and subscribed
before me this 9th day
of August, 1999.
AIV?t >n, .,??,
Notary Public
Notarial Seal
Gonzales. Nota Public
[:A:nnM.
rgh, Allegheny ,our'ry
sron 6.rwe; Au u(' t 2000
Mon7hec PrnnGylv;un,, ?s:.oc :you of NOCr.ma
Louis Vitti, Esquire
Attorney for Plaintiff
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NOTICE OF SHERIFF'S SALE OF
REAL ESTATE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL
PROCEDURE 3129.1
TO: Barry A. Myers
Judy Myers
5 Texaco Road
Mechanicsburg, Pa 17055
AND: ALL LIEN HOLDERS
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common
Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be
exposed to Public Sale in on December 8, 1999 at 10:00 A.M., the following described real estate, of
which Barry A. Myers and Judy Myers are owners or reputed owners:
in:the Township of Silver Spring, Cty. of Cumberland and Cmwlth. of PA. HET a dwg. k/a 5 Texaco Road,
Mechanicsburg, PA 17055. Parcel # 38-20-1831-037.
The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Empire
Mortgage X, Inc. et al. vs. Barry A. Myers and Judy K. Myers at No. 99-3639 in the amount of
$105,600.52.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before the sale date.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from
sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the
Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the
Sheriff.
Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment
against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights
to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you
wish to exercise your rights you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
TELEPHONE: (717) 249-3166
You may have legal right to prevent the Sheriffs Sale and the loss of your property. In order to
exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you.
You may have the tight to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a
petition to open or strike the judgment or a petition to stav the execution.
If the judgment was entered because you did not file with the Court any defense or objection you
might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to
Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court
alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is
opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has
a valid claim to foreclose the Mortgage.
You may also have the right to have the judgment stricken if the Sheriff has not made a valid return
of service of the Complaint and Notice to Defend or if the judgment was entered before rwenty (20) days after
service or in certain other events. To exercise this right, you would have to file a petition to strike the
judgment.
You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale
if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right.
You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly
inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition
with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will
deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the
Schedule of Distribution is filed in the Office of the Sheriff.
. P? -
W is P. Vitti, Esquire
Attorney for Plaintiff
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 231-1725
"THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT' AND ANY
INFORMATION OB'T'AINED WILL 13E USED FOR THAT PURPOSE."
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
EMPIRE MORTGAGE X. INC., assignee
of KEY BANK & TRUST, assignee of
AMERIQUEST MORTGAGE COMPANY,
Plaintiff,
VS. No. 99-3639
BARRY A. MYERS and JUDY K. MYERS,
Defendants,
LONG DESCRIPTION
ALL that certain piece or portion of ground, together with all of the building and improvements thereon, and
all of the rights, ways, privileges, servitudes, appurtenances and advantages thereunto belonging or in anywise
appertaining, situated in the Seventh District of the City of New Orleans, in square No. 231 bounded by
Eagle, Monroe, Green and Hickory Streets, designated as Lot No. Eight (3) on a sketch of survey made by
F. G.Stewart, surveyor, dated September 19, 1946, a copy of which is annexed to an act of purchase by the
Euitable Mutual Homestead Association, passed before Frank W. Magne, late said Lot No. Eight (3)
commences at a distance of sixty feet (60) from the comer of Eagle and Hickory Streets, and measures thirty-
nine (39) feet front on Eagle Street, the same width in the rear, by a depth between equal and parallel lines
of one hundred twenty feet (120).
Being the same premises which Sharon C. Manning and Loretta C. Manbeck, co-executrixes of the Estate of
Mary E. Myers, deceased by deed dated 07/09/1997 and being recorded on 07/13/1997 in the Cumberland
County Recorder ofDced's Office in Deed Book Volume 161, Page 250. granted and conveyed unto Barry
A. Myers and Judy Myers.
Having erected thereon a dwelling known as 5 Texaco Road, Mechanicsburg, PA 17055
Louis P. Vitti & Associates
916 Fifth Avenue
Pittsburgh. PA 15219
(412)231-1725
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EMPIRE MORTGAGE X, INC., assignee
of KEY BANK & TRUST, assignee of
AMERIQUEST MORTGAGE
COMPANY,
CIVIL DIVISION
No. 99-3639
PRAECIPE TO SETTLE &
DISCONTINUE
Plaintiff,
VS.
Filed on behalf of
Plaintiff
BARRY A. MYERS and JUDY K.
MYERS,
Counsel of record for this
party:
Louis P. Vitti, Esquire
PA I.D. #01072
Louis P. Vitti & Assoc., P.C.
Defendants. 916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
EMPIRE MORTGAGE X, INC., assignee of KEY )
BANK & TRUST, assignee of AMERIQUEST )
MORTGAGECOMPANY, )
Plaintiff, )
Vs. ) No. 99-3639
BARRY A. MYERS and JUDY K. MYERS,
Defendants
PRAECIPE TO SETTLE AND DISCONTINUE
TO: PROTHONOTARY OF CUMBERLAND COUNTY
KINDLY settle, discontinue or satisfy, - Verdicts, Judgments, Executions, Awards,
Decrees, Equity, Liens, Counterclaims or Cross-claims and Plaintiffs case or as to Garnishee only,
D.S.B., M.L. and Claims.
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