HomeMy WebLinkAbout01-0114MARK J. UDREN & ASSOCIATES
BY= Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Dovenmuehle Mortgage Company,
L.P
1501 Woodfield Road
Schaumburg, I1 60173-4982
Plaintiff
v.
Loretta J. Myer
10 Kings Arms
a/k/a Al0 Kings Arms
Mechanicsburg, Hampden TWP,
17055
Defendant(s)
PA
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
COMPLAINT IN MORTGAGE FORECLOSURE
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.
LAWYERS REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166
AViSD
Le hah demandado a usted en la corte. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene
veinte (20) dias de plazo al partir de la fecha de la demanda y la
notlficacion. Hace falta ascentar una comparencia escrita o en
persona o con un abogado y entregar a la corte en forma escrita sus
defensas o sus objeciones a las demandas en contra de su persona.
Sea avisado que si usted no se dafiende, la corte tomara medidas y
puede continuar la demanda en contra suya sin previo aviso o
notificacion. Ademas, la corte puede decidir a favor del
demandante y requiere que usted cumpla con todas las provisiones de
esta demanda. Usted puede perder dinero o sus propiedades u otros
derechos importantes para usted.
LLEVEESTA DEMANDA A UNABOGADO IMMEDIATAMENTE, SI NO TIENEABOGADO
0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN
PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166
NOTICE
The amount of your debt is as stated in the attached document. The name of the creditor
to whom the debt is owed is as named in the attached document. Unless you notify us within
30 days after receipt of this Notice and the attached document that the validity of the stated
debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us
in writing of a dispute within the 30 day period, we will obtain verification of the debt or a
copy of a judgment against you, and marl it to you. If you do not dispute the debt, it is not an
admission of liability on your part. Also, upon your written request within the 30 day period,
we will provide you with the name and address of thc original creditor if different from the
current creditor.
If you notify us in writing within the 30 day period as stated above, we will cease collection
of your debt, or any disputed portion of it, until we obtain the information that is required
and mail it to you. Once we have mailed to you the required information, we will then
continue the collection of your debt
This law firm is deemed to be a debt collector and this Notice and the attached document is
an attempt to collect a debt, and any information obtained will be used for that purpose.
LAW OFFICES OF MARK J. UDREN
/s/Mark J. Udren, Esquire
1040 N. Kings Highway, Suite 500
Cherry Hill, NJ 08034
(856) 482-6900
1. Plaintiff is the Corporation designated as such in the
caption on a preceding page. If Plaintiff is an assignee then it
is such by virtue of the following recorded assignments:
Assignor: Bancplus Mortgage Corp.
Assignments of Record to: Dovenmuehle Mortgage Company, L.P
Recording Date: 12/23/1994 Book: Vol 488 Page: 505
2. Defendant(s) is the individual designated as such on the
caption on a preceding page, whose last known address is as set
forth in the caption, and unless designated otherwise, is the real
owner(s) and mortgagor(s) of the premises being foreclosed.
3. On or about the date appearing on the Mortgage
hereinafter described, at the instance and request of Defendant(s),
Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned
to the Defendant(s) the sum appearing on said Mortgage, which
Mortgage was executed and delivered to Plaintiff as security for
the indebtedness. Said Mortgage is incorporated herein by reference
in accordance with PA.R.C.P. 1019 (g).
The information regarding the Mortgage being foreclosed is as
follows:
MORTGAGED PREMISES: 10 Kings Arms a/k/a Al0 Kings Arms
MUNICIPALITY/TOWNSHIP/BOROUGH: Hampden Township
COUNTY: Cumberland
DATE EXECUTED: 01/25/1994
DATE RECORDED: 01/28/1994 BOOK: BK 1194 PAGE: 178
The legal description of the mortgaged premises is attached hereto
and made part hereof.
4. Said Mortgage is in default because the required payments
have not been made as set forth below, and by its terms, upon
breach and failure to cure said breach after notice, all sums
secured by said Mortgage, together with other charges authorized by
said Mortgage itemized below, shall be immediately due.
5. After demand, the Defendant(s) continues to
refuses to comply with the terms of the Note as follows:
1/05/01:
fail or
(a) by failin9 or refusin9 to pay the installments of
principal and interest when due in the amounts indicated
below;
(b) by failing or refusing to pay other charges, if any,
indicated below.
The following amounts are due on the said Mortgage as of
Principal of debt due and unpaid
Interest at 6.75%
from 6/01/00 to 1/05/01
(the per diem interest accruing on
this debt is $10.64 and that sum
should be added each day after
1/05/01)
$57,529.44
2,330.16
Title Report
250.00
Court Costs (anticipated, excluding
Sheriff's Sale costs)
280.00
Escrow Overdraft/(Balance)
(The monthly escrow on this account
is $147.38 and that sum should
be added on the first of each
month after 1/05/01)
62.92
Late Charges
(monthly late charge of $28.45
should be added on the fifteenth of
each month after 1/05/01)
105.40
Other fees 24.25
Attorneys Fees (anticipated and actual
to 5% of principal)
TOTAL $63,458.64
7. The attorney's fee set forth above are in conformity with
the mortgage documents and Pennsylvania law, and will be collected
in the event of a third party purchaser at Sheriff's Sale. If the
mortgage is reinstated prior to the sale, reasonable attorney's
fees will be charged in accordance with the reduction provisions of
Act 6, if applicable.
8. The co~ined notice specified by the Pennsylvania
Homeo~er's Emergency Mortgage Assistance Progr~, Act 91 of 1983
and Notice of Intention to Foreclose under Act 6 of 1974 has been
sent to each defendant, via certified and regular mail, in
accordance with the requirements of those acts, on the date
appearing on the copy attached hereto as Exhibit "A", and made part
hereof, and defendant(s) have failed to proceed within the time
limits, or have been dete~ined ineligible, or Plaintiff has not
been notified in a timely manner of Defendant(s) eligibility.
WHEREFORE, the Plaintiff demands jud~ent, in rem, against
the Defendant(s) herein in the s~ of $63,458.64 plus interest,
costs and attorneys fees as more fully set forth in the Complaint,
and for foreclosure and sale of the Mortgaged premises.
Mark J. Udren, ESQUIRE
MARK ~ ~REN & ASSOCIATES
Attor~y for Plaintiff
Attorney I.D. No. 04302
~ T~,T C~RTAIN unit in the property known, n~e~ ano ~oen~l~lee ]'n r, ne
,~.
De,:larat~on Plan referred to below as King's Arms Condcminium. situate in
the Village of Westover, Hampden Towns.hip, Ct~uberland County,'Pennsylvanla,
which has been submitted to the provisions of the Unit Property Act of
Pennsylvania, Act of July 3, 1963, P.L. 196 (68 P.S. $700.101, ct seth), by
recording in the Office of. the Recorder o£ ~eds of C~mberland ~
Pennsylvania, of a Declaration dated ~ta¥ ?-1, 1975 ~nd recorded in Misc.
Book 214, Page 836, and a Declaration Plan dated May 21, 1975, and recorded
in Plan Book 26, Page 70, and a Code of Regulations, ErJtibit "B" of said
Declaration described as follows:
BEING and designated on' the Declaration Plan as Unit AIO, with detached garage,
said garage destgrmted on the Boclaration Plan as Unit A10G. togetJ~er with an
u~divided interest appurtenant to the unit in all Cc~mon Elements (as defined
in the Declaration} of S.~6%. 7he unit is ~ictpally numbered as Al0 King's
Arm, Village of Westover, Mechanicsburg, Pennsylvania.
UNDER A~ SUBOE~ to certain restrictions,, rights-of-way, easements ~ed
agreements of record.
TCYJB~R with the benefits of and under mid subject to the tdtms, covengnts
and c~dttions contained in the Declaration, Declaration Plan and Code of.
Re.:!ulatlons aforesaid,
~G~fHBR with the right of ingress to and egress from said property and the "' '
right to use, for.all proper purposes, in con, non with 'the :Grantor, 'its
cussessors and assigns, and all other occupants from t~me to time any and
all portions of' the project des.ignated as Coanon Elcments by the Declaration
or. by statute.
Ult. ER AND SUBJECT TO ALL CCNDITICNS AND RESTRICTIONS OF PREVIOUS DEEDS.
November 13, 2000
SINCE 1844
10 Kings Arms
Mechanicsburg PA 17055
Loan Number: 0008519829
Current Lender/Servicer: Dovenmuehle Mortgage Inc.
HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL
ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE
FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE
FOR EMERGENCY MORTGAGE ASSISTANCE:
* IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
* IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
* IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to
a temporary stay of foreclosure on your mortgage for thirty (30) days
from the date of this Notice. During that time you must arrange and
attend a "face-to-face" meeting with one of the designated consumer
credit counseling agencies listed at the end of this Notice.
THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT
APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE
UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE
DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
EXHIBrrA
Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535
PAGE 2 OF 5
November 13,
L J Myer
2000
SINCE 1844
CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the
consumer credit counseling agencies listed at the end of this Notice,
the lender may NOT take action against you for thirty (30) days after
the date of this meeting. The names, addresses and telephone numbers
of designated consumer credit counseling agencies for the county in
which the property is located are set forth at the end of this Notice.
It is only necessary to schedule one face-to-face meeting. Advise your
lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for
the reasons set forth later in this Notice (see following pages for
specific information about the nature of your default.) If you have
tried and are unable to resolve this problem with the lender, you
have the right to apply for financial assisance from the Homeowner's
Emergency Mortgage Assistance Program. To do so, you must fill out,
sign and file a completed Homeowner's Emergency Assistance Program
Application with one of the designated consumer credit counseling
agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the program and they will
assist you in submitting a complete application to the Pennsylvania
Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF
YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are
very limited. They will be disbursed by the Agency under the eligibility
criteria established by the Act. The Pennsylvania Housing Finance
Agency has sixty (60) days to make a decision after it receives your
application. During that time, no foreclosure proceedings will be
pursued against you if you have met the time requirements set forth
above. You will be notified directly by the Pennsylvania Housing
Finance Agency of its decision on your Application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE
DEBT.
(If you have filed bankruptcy you can still apply
for Emergency Mortgage Assistance.)
Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535
PAGE 3 OF 5
November 13,
L J Myer
2000
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender
on your property located at:
10 Kings Arms
Hampden Twp PA 17055
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
(a)
Monthly payments from July 01, 2000
to present (at $ 568.97 per month)
2,844.85
(b) Previous late charges;
84.32
(c) Property Inspections; $
24.25
(d) NSF Charges; $ .00
(e)
Other Provisions of the mortgage
obligation, if any;
.00
(f) TOTAL AMOUNT OF (a) (b) (c) (d) and (e)
REQUIRED AS OF THIS DATE: $
2,953.42
YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not
applicable):
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY
(30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT
PAST DUE TO THE LENDER WHICH IS $ 2,953.42, PLUS ANY MORTGAGE
PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30)
DAY PERIOD. Payments must be made either by cashier's check,
certified check or money order made payable and sent to:
ATTN: Collection Department
LENDER NAME: Dovenmuehle Mortgage, Inc.
ADDRESS: 1501 Woodfield Road, Suite 400E
Schaumburg, IL 60173-4982
You can cure any other default by taking the following action within
thirty (30) DAYS of the date of this letter. (Do not use if not
applicable.)
Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535
PAGE 4 OF 5
November 13,
L J Myer
2000
SINCE 1844
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within
thirty (30) DAYS of the date of this Notice, the lender intends to
exercise its rights to accelerate the mortgage debt. This means that
the entire outstanding balance of this debt will be considered due
immediately and you may lose the chance to pay the mortgage in monthly
installments. If full payment of the total amount past due is not made
within THIRTY (30) DAYS, the lender also intends to instruct its
attorneys to start legal action to foreclose upon your mortgaged
property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be
sold by the Sheriff to pay off the mortgage debt. If the lender refers
your case to its attorneys, but you cure the delinquency before the
lender begins legal proceedings against you, you will still be
required to pay the reasonable attorney's fees that were actually
incurred up to $50.00. However, if legal proceedings are started
against you, you will have to pay all reasonable attorney's fees
actually incurred by the lender even if they exceed $50.00. Any
~ttorney's fees will be added to the amount you owe the lender, which
may also include other reasonable costs. If you cure the default
within the THIRTY (30) DAY period, you will not be required to pay
attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the
unpaid principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE If you have not
cured the default within THIRTY (30) DAY period and foreclosure
proceedings have begun, you still have the right to cure the default
and prevent the sale at any time up to one hour before the Sheriff's
Sale. You may do so by paying the total amount then past due, plus
any late or other charges then due, reasonable attorney's fees and costs
connected with the foreclosure sale and any other costs connected with
the Sheriff's Sale as specified in writing by the lender and by
performing any other requirements under the mortgage. Curing your
default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest
date that such a Sheriff's Sale of the mortgaged property could be held
would be approximately 9 months from the date of this Notice. A
Notice of the actual date of the Sheriff's Sale will be sent to you
before the sale. Of course, the amount needed to cure the default will
increase the longer you wait. You may find out at any time exactly what
the required payment or action will be by contacting the lender.
DL131/BIC
Dovenmuehle Mortgage, Inc, 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535
PAGE 5 OF 5
Nover~ber 13,
L J Myer
2000
SINCE 1844
HOW TO CONTACT THE LENDER:
Dovenmuehle Mortgage, Inc.
1501 Woodfield Road
Schaumburg, IL 60173-4982
1-800-669-0340
Fax: 847-330-8032
Contact: Mr. Edward Bagdon
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale
will end your ownership of the mortgaged property and your right to
occupy it. If you continue to live in the property after the Sheriff's
Sale, a lawsuit to remove you and your furnishings and other belongings
could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You MAY or X MAY NOT transfer
your home to a buyer or transferee who will assume the mortgage debt,
provided that all the outstanding payments charges and attorney's fees
and costs are paid prior to or at the sale and that the other
requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
* TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDA~R
YEAR.)
* TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
* TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
* TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535
SINCE 1844
ACT 91 NOTICE
DATE OF NOTICE: November 13, 2000
TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default,
and the lender intends to foreclose. Specific information about the
nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help
to save your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE.
Take this Notice with you when you meet with the Counseling
Agency.
The name, address and phone number of Consumer Credit Counseling
Agencies serving your County are listed at the end of this Notice.
If you have any guestions, you may call the Pennsylvania Housing
Finance Agency toll free at 1-800-342-2397. (Persons with impaired
hearing can call (717) 780-1869.
~his Notice contains important legal information. If you have any
questions, representatives at the Consumer Credit Counseling Agency
may be able to help explain it. You may also want to contact any
attorney in your area. The local bar association may be able to help
you find a lawyer.
La notificacion en adjunto es de suma importancia, pues afecta su
derecho a continuar vivendo en su casa, Si no comPrende el contenido
de esta notificacion obtenga una traduccion immediatamente llamanda
esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero
mencionada arriba. Puedes ser elegible para un prestamo pot el
programa llamado "Homeowner's Emergency Mortgage Assistance Program"
~1 cula puede salvar su casa de la perdida del derecho a redimir su
hipoteca.
DL132
Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535
Mark J. Udren, Esquire, hereby states that he is the attorney
for the Plaintiff, a corporation unless designated otherwise; that
he is authorized to take this Verification and does so because of
the exigencies regardin~ this matter, and because Plaintiff must
verify much of the information through a~ents, and because be has
personal knowledge of some of the facts averred in the foregoin~
pleading; and that the statements made in the foregoing pleadin~
are true and correct to the best of his knowledge, information and
belief and the source of his information is public records and
reports of Plaintiff's agents. The undersigned understands that
this statement herein is made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to
authorities.
Mark i~J/ U , Q
MARK I J · UDREN & ASSOCIATES
SHERIFF'S RETURN
CASE NO: 2001-00114 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DOVENMUEHLE MORTGAGE COMPANY
VS
MYER LORETTA J
- REGULAR
ROBERT L. FINK , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to
says, the within COMPLAINT - MORT FORE was served upon
MYER LORETTA J
DEFENDANT
at 10 KINGS ARMS
MECHANICSBURG, PA 17055
LORETTA MYER
the
at 0019:30 HOURS, on the 18th day of January
A/K/A Al0 KINGS ARMS
by handing to
a true and attested copy of COMPLAINT - MORT FORE
NOITCE
together with
law,
, 2001
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 7.44
Affidavit .00
Surcharge 10.00
.00
35.44
Sworn and Subscribed to before
me this ~¥~ day of
A.D.
~P'rothonotary ~
So Answers:
R. Thomas Aline
01/i9/2001
MARK J. UDREN
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856482-6900
Dovenmuehle Mortgage Company, L.P
Plaintiff
Loretta J. Myer
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. 01-114 Civil Term
PRAECIPE TO SUBSTITUTE VERIFICATION
TO THE PROTHONOTARY:
Kindly substitute the attached Verification for the Verification attached to the Complaint
in Mortgage Foreclosure with regard to the captioned matter.
DATED: March 5, 2001
MARK J. UDREN & ASSOCIATES
BY:
A~omey for Plaintiff
The undersigned, an officer of the Corporation which is the
Plaintiff in the foregoing Complaint or an officer of the
Corporation which is the servicing agent of Plaintiff, and being
authorized to make this verification on behalf of the Plaintiff,
hereby verifies that the facts set forth in the foregoing Complaint
are taken from records maintained by persons supervised by the
undersigned who maintain the business records of the mortgage held
by Plaintiff in the ordinary course of business and that those
facts are true and correct to the best of the knowledge,
information and belief of the undersigned.
The undersigned understands that this statement is made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities. ~ ~
Date: 01/25/01
· itle Asst~stan~ ¥~ce P~es~dent
Compan~,:DoVENMU~HLE~~- MORTC~/~r~E, I~!C.
M~K J. UDREN & ASSOCIATES
BY= Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Dovenmuehle Mortgage Company,
L.P
1501 Woodfield Road
Schaumburg, I1 60173-4982
Plaintiff
Loretta J. Myer
10 Kings Arms
a/k/a Al0 Kings Arms
Mechanicsburg, Hampden TWP,
17055
PA
Defendant(s)
ATTOR/qEY FOR PLAINTIFF
:COURT OF COMMON PLEAS
i CIVIL DIVISION
. Cumberland County
MORTGAGE FORECLOSURE
NO.
01-114
Civil Term
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND AS~ES~R. NT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against the
Defendant(s) for failure to file an Answer to Plaintiff's Complaint
within 20 days from service thereof and for foreclosure and sale of the
mortgaged premises, and assess Plaintiff's damages as follows:
As set forth in Complaint
Interest per Complaint
From 1/6/01 to 3/5/01
Late charges per Complaint
From 1/15/01 to 3/5/01
Escrow payment per Complaint
From 2/1/01 to 3/5/01
TOTAL
$63,458.64
627.76
56.90
29~4~16
$64,438.06
I hereby certify that (1) the addresses of the Plaintiff and
Defendant are as shown above, and (2) that notice has been given in
accordance with Rule 237.1, a copy o/~,which is attached hereto.
Mark .
Attor~ney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS IND~E~. ~. ~
DATE: /Q~2C/~ /~! ~30/ PRO PROTHY ~'~
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHE~RY HILL, NJ 08034
856-482-6900
Dovenmuehle Mortgage Company, L.P
1501 Woodfield Road
Schaumburg, I1 60173-4982
Plaintiff
Vo
Loretta J. Myer
10 Kings Arms
a/k/a Al0 Kings Arms
Mechanicsburg, Hampden TWP,
PA 17055
Defendant(s)
ATTORNEY FOE PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. 01-114 Civil Term
DATED: February 12, 2001
TO: Loretta J. Myer
10 Kings Arms
a/k/a Al0 Kings Arms
Mechanicsburg, Hampden TWP,
PA 17055
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR 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.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166
NOTJ~F~CACION IM~ORTANTE
USTED SE ENCUENTHA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA
ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION
DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION,
EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O
ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE
PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA
NOTIFICACION A UNABOGADO IMMEDIATAMENTE SI USTED NO TIENEABOGADO,
O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA
O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA
ESCRITAABAJO P~RA AVERIGU/~R DONDE SE PUEDE CONSEGUIR ASSISTENCIA
LEGAL.
SERVICIO DE REFERENCIA LEGAL
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166
NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS
LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
MARK J. UDREN & ASSOCIATES
BY= Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE
CHERRY HILL, NJ 08034
856-482-6900
Dovenmuehle Mortgage Company,
1501 Woodfield Road
Schaumburg, I1 60173-4982
Plaintiff
Loretta J. Myer
10 Kings Arms
a/k/a Al0 Kings Arms
Mechanicsburg, Hampden TWP,
17055
Defendant(s)
5OO
PA
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
NO. 01-114 Civil Term
AFFIDAVIT OF NON-MILITARY SERVICE
STATE OF ILLINOIS :
COLTNTY OF COOK :
SS
THE UNDERSIGNED being duly sworn, deposes and says that the
averments herein are based upon investigations made and records
maintained by us either as Plaintiff or as servicing agent of the
Plaintiff herein and that the above Defendant(s) are not in the
Military or Naval Service of the United States of America or its
Allies as defined in the Soldiers and Sailors Civil Relief Act of
1940, as amended, and that the age and last known residence and
employment of each Defendant are as follows:
Defendant:
Age:
Residence:
Employment:
Loretta J. Myer
Over 18
As captioned above
Unknown
Defendant:
Age:
Residence:
Employment:
Sworn to and subscribed
before me this 25 day
of January , 2~.
Over 18
As captioned above
ie Ouiroz
Foreclosure Eeo.
Company: DOVENMUEHLF MORTGAGE,
Notary Public
INC.
F~%RK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Dovenmuehle Mortgage Company,
L.P
1501 Woodfield Road
Schaumburg, I1 60173-4982
Plaintiff
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
Loretta J. Myer
10 Kings Arms ~ NO.
a/k/a Al0 Kings Arms
Mechanicsburg, Hampden TWP, PA
17055
Defendant(s)
01-114 Civil Term
PRA~CIPE FOR WRIT OF EXECUTION
TO THE SHERIFF:
Issue Writ of Execution in the above matter:
10 KINGS ARMS
A/K/A Al0 KINGS ARMS
MECHAlqICSBURG, HAMPDEN TWP,
PA 17055
Amount due
Interest From~md~ch_6, 2J/Ol
to Date of Sale JA/D~ 6~
Per diem @$10.64
(Costs tO be added)
$64 ~38 . 06
989 ~
MARK J. UDREN & ASSOCIATES
Mark I
ATTOTEY FOR PLAINTIFF
MARK J. UDREN & ASSOCIATES
BY= Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Dovenmuehle Mortgage Company,
L.P
1501 Woodfield Road
Schaumburg, I1 60173-4982
Plaintiff
ATTOP~NEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
Vo
Loretta J. Myer
10 Kings Arms i NO.
a/k/a Al0 Kings Arms
Mechanicsburg, Hampden TWP, PA -
17055
01-114 Civil Term
Defendant(s)
CERTIFICATE TO THE SHERIFF
I HEREBY CERTIFY THAT:
The judgment entered in the above matter is based on an Action:
__A. In Assumpsit {Contract)
__B. In Trespass (Accident)
X_C. In Mortgage Foreclosure
__D. On a Note accompanying a purchase money mortgage and the property
being exposed to sale is the mortgaged property.
II. The Defendant(s) own the property being exposed to sale as:
X A.
B.
D.
E.
F.
An individual
Tenants by Entireties
Joint Tenants with right of survivorship
A partnership
Tenants in Common
A corporation
III. The Defendant(s) is (are):
X A.
Resident in the Commonwealth of Pennsylvania
Not resident in the Commonwealth of Pennsylvania
If more than one Defendant and either A or B above ig not applicable,
state which Defendant is r, csident of the/Commonwealth of
Pennsylvania.
/
Mark J. Udren, ESQUIRE
Address & I.D. # as above
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATT¥ I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Dovenmuehle Mortgage Company,
L.P
1501 Woodfield Road
Schaumburg, I1 60173-4982
Plaintiff
ATTORNEY FOR PLAINTIFF
: COURT OF COMMON PLEAS
!CIVIL DIVISION
. Cumberland County
MORTGAGE FORECLOSURE
Loretta J. Myer
10 Kings Arms ! NO.
a/k/a Al0 Kings Arms
Mechanicsburg, Hampden TWP, PA
17055
Defendant(s)
01-114 Civil Term
CERTIFICATE
Mark J. Udren, Esquire, hereby states that he is the attorney for
the Plaintiff in the above-captioned matter and that the premises are not
subject to the provisions of Act 91 because it is:
Sec.
(
( )
(
(x)
( )
An FHA insured mortgage
Non-owIler occupied
Vacant
Act 91 procedures have been fulfilled.
Over 24 months delinquent.
This certification is made subject to the penalties of 18
4904 relating to unsworn falsification to authorities.
MARK' J. ES
Mar~ J. Udren, ESQUIRE
ATT~RIq'EY FOR PLAINTIFF
Pa.
~ J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Dovenmuehle Mortgage Company,
L.P
1501 Woodfield Road
Schaumburg, I1 60173-4982
Plaintiff
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
Loretta J. Myer
10 Kings Arms i NO.
a/k/a Al0 Kings Arms :
Mechanicsburg, Hampden TWP, PA -
17055
Defendant (s)
01-114 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129.1
Dovenmuehle Mortgage Company, L.P, Plaintiff in the above action, by its
attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for
the Writ of Execution was filed the following information concerning the
real property located at: 10 Kings Arms
a/k/a Al0 Kings Arms
Mechanicsburg, Hampden Tw-p, PA 17055
1. Name and address of Owner(s) or reputed Owner(s):
Name Address
LORETTA J. MYER
10 KINGS ARMS, a/k/a Al0 KINGS ARMS,
MECPU~NICSBURG, HAMPDEN TWP, PA 17055
2. Name and address of Defendant(s) in the judgment:
Name Address
SAME AS #1 ~_BOVE
3. Name and address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
Name Address
NONE
4. Name and address of the last recorded holder
record:
Name Address
of every mortgage of
Plaintiff herein.
See Caption above.
FAIRBANK MORTGAGE CORP.
84 PROGRESS LANE, WATERBURY, CT 06705
5. Name and address of every other person who has any record lien on the
property:
Name Address
NONE
6. Name and address of every other person who has any record interest
the property and whose interest may be affected by the sale:
Name
REAL ESTATE TAX DEPT.
Domestic Relations Section
Commonwealth of PA,
Department of Revenue
in
Address
1 COURTHOUSE SQUARE, CARLISLE, PA 17013
13 N. MA/NOVER STREET, CD. RLISLE, PA 17013
Bureau of Compliance, Dept. 280946
Harrisburg, PA 17128-0946
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 Address
KING'S ARM CONDOMINIUM
VILLAGE OF WESTOVER, HAMPDEN TOWNSHIP,
CUMBERLAND COUNTY
Tenants/Occupants
10 Kings Arms, a/k/a Al0 Kings Arms
Mechanicsburg, Hampden Twp, PA 17055
I verify that the statements made in this affidavit are true and correct
to the best of my personal knowledge or information and belief.
understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities.
DATED: March 5, 200t
Mark J. Uc~reh, ESQ.
Attorney for Plaintiff
MARK J. UDREN & ASSOCIATES
BY= Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Dovenmuehle Mortgage Company,
L.P
1501 Woodfield Road
Schaumburg, I1 60173-4982
Plaintiff
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
Loretta J. Myer
10 Kings Arms i NO.
a/k/a Al0 Kings Arms
Mechanicsburg, Hampden TWP, PA
17055
Defendant (s)
01-114 Civil Term
TO:
LORETTA J. MYER
10 Kings Arms
a/k/a Al0 Kings Arms
Mechanicsburg, Hampden TWP,
PA 17055
Your house (real estate) at 10 Kings Arms a/k/a Al0 Kings Arms
Mechanicsburg, Hampden Twp, PA 17055 is scheduled to be sold at the
Sheriff's Sale on June 6, 2001, at 10:00 AM in the COMMISSIONERS HEARING
ROOM, 2ND FLOOR, COURTHOUSE, CARLISLE, PA to enforce the court judgment
of $64,438.06, obtained by Plaintiff above (the mortgagee) against you.
If the sale is postponed, the property will be relisted for the Next
Available Sale.
NOT, ICE_OF OWNER ' S~
t103/ ~AY_ VF~N T~THI~ ~HE/AIF~ELS SAL~
To prevent this Sheriff's Sale, you must take
The sale will be cancelled if you pay to the mortgagee the back payment, late
charges, costs and reasonable attorney's fees. To find out how much you must pay,
you may call: IB~561_-AB2~6~gD~.L
' 2. You may be able to stop the sale by filing a petition asking the Court to strike
or open the judgment, if the judgment was improperly entered. You may also ask
the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights.
more chance you will have of stopping the sale.
to obtain an attorney.}
The sooner you contact One, the
(See notice on page two on how
y 0i~MAY~ST~ILL_BF~ABL F~ TQ ~AV~ Y OUI~P~ OP~ RT Y _ ~~ HA~E ~THE/~ ~IC~IT~S
E~EN_IF~T~ S SAr,E DQES
1. If the Sheriff's Sale is not stopped, your property will be sold to the
highest bidder. You may find out the price bid by calling 856-482-6900.
2. You may be able to petition the Court to set aside the sale if the bid price
was grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount
due in the sale. To find out if this has happened, you may call 856-482-6900.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain
the owner of the property as if the sale never happened.
5. You have the right to remain in the property until the 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 after the sale. This schedule will state who will be receiving Chat
money. The money will be paid out in accordance with this schedule unless exceptions
(reasons why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after Schedule of 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 TAKH THIS PA!~BR TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFOI~D ONE, ~0 TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN
~ET LEGAL HELP.
LAWYER REFERP3~L SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166
ASSOCIATION DE LICENCIDADOS DE FILADELFIA
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166
Dovenmuehle Mortgage Company, L.P.
Loretta J. Myer
In the Court of Common Pleas
Cumberland County, Pennsylvania
No. 2001-114Civil
R. Thomas Kline, Sheriff, who being duly sworn according to law says this writ, is returned Stayed.
Sheriff's Costs:
Docketing 30.00
Poundage 108.75
Law Library .50
County 1.00
Levy 15.00
Surcharge 20.00
Postpone Sale 20,00
$195.25 paid by attorney
4-16-01
Sworn and Subscribed To Before Me
This o2~, ~ Day of O~
2001 A.D. Pro~ tr~' ~ ,L0~
otary /
R. Thomas Kline, Sheriff
By ~Dep~u Sheriff
MA~K J~ UDREN & ASSOCIATES
BY= Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Dovenmuehle Mortgage Company,
L.P
1501 Woodfield Road
Schaumburg, I1 60173-4982
Plaintiff
ATTOP. NEY FOR PLAINTIFF
: COURT OF COMMON PLEAS
! CIVIL DIVISION
· Cumberland County
MORTGAGE FORECLOSURE
Loretta J. Myer
10 Kings Arms ! NO.
a/k/a Al0 Kings Arms
Mechanicsburg, Hampden TWP, PA
17055 :
Defendant (s)
01-114 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129.1
Dovenmuehle Mortgage Company, L.P, Plaintiff in the above action, by its
attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for
the Writ of Execution was filed the following information concerning the
real property located at: 10 Kings Arms
a/k/a Al0 Kings Arms
Mechanicsburg, Hampden Twp, PA 17055
1. Name and address of Owner(s) or reputed Owner(s):
Name Address
LORETTA J. MYER
10 KINGS ARMS, a/k/a Al0 KINGS ARMS,
MECHANICSBURG, HAMPDEN TWP, PA 17055
2. Name and address of Defendant(s) in the judgment:
Name Address
SAME AS #1 ABOVE
3. Name and address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
Name Address
NONE
4. Name and address of the last recorded holder of every mortgage of
record:
Name Address
Plaintiff herein.
See Caption above.
FAIRBANK MORTGAGE CORP.
84 PROGRESS LANE, WATERBURY, CT 06705
5. Name and address of every other person who has any record lien on the
property:
Name Address
N~NE
6. Name and address of every other person who has any record interest
the property and whose interest may be affected by the sale:
Name
REAL ESTATE TAX DEPT.
Domestic Relations Section
Commonwealth of PA,
Department of Revenue
in
Address
1 COURTHOUSE SQUARE, CARLISLE, PA 17013
13 N. HANOVER STREET, CARLISLE, PA 17013
Bureau of Compliance, Dept. 280946
Harrisburg, PA 17128-0946
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 Address
KING'S ARM CONDOMINIUM
VILLAGE OF WESTOVER, _HAMPDEN TOWNSHIP,
CUMBERLAND COUNTY
Tenants/Occupants
10 Kings Arms, a/k/a Al0 Kings Arms
Mechanicsburg, Hampden Twp, PA 17055
I verify that the statements made in this affidavit are true and correct
to the best of my personal knowledge or information and belief. I
understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities.
DATED: March 5, 2001
MARK J.~REN & ASSOCIATES
Mark J~.i~U~
Attorney for Plaintiff
'MARK J[ UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D, NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Dovenmuehle Mortgage Company,
L.P
1501 Woodfield Road
Schaumburg, I1 60173-4982
Plaintiff
ATTORNEY FOR PLAINTIFF
: COURT OF COMMON PLEAS
i CIVIL DIVISION
.Cumberland County
MORTGAGE FORECLOSURE
Loretta J. Myer
10 Kings Arms i NO.
a/k/a Al0 Kings Arms
Mechanicsburg, Hampden TWP, PA
17055 :
Defendaht (s)
01-114 Civil Term
~OTICE OF SHErTFF'S SA~.~ OF ~RA?. PROPERTY
TO:
LORETTA J. MYER
10 Kings Arms
a/k/a Al0 Kings Arms
Mechanicsburg, Hampden TWP,
PA 17055
Your house (real estate) at 10 Kings Arms a/k/a Al0 Kings Arms
Mechanicsburg, Hampden Twp, PA 17055 is scheduled to be sold at the
Sheriff's Sale on June 6, 2001, at 10:00 AM in the COMMISSIONERS HEARING
ROOM, 2ND FLOOR, COURTHOUSE, CARLISLE, PA to enforce the court judgment
of $64,438.06, obtained by Plaintiff above (the mortgagee) against you.
If the sale is postponed, the property will be relisted for the Next
Available Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ARLE TO PREVENT THIS SHERIFF'S
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payment, late
charges, costs and reasonable attorney's fees. To find out how much you must pay,
you may call: ~00_
'2.
You may be able to stop the sale by filing a petition asking the Court to strike
or open the judgment, if the judgment was improperly entered. You may also ask
the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights.
more chance you will have of stopping the sale.
to obtain an attorney.)
The sooner you contact one, the
(See notice on page two on how
YOU MAY ~TJLL BE ABL~AVE YOUR PROPERTY AND YOU HAVE~PJ~GHT~
EVEN IF THE SHE~E DOES TAKE PT,ACE~
1. If the Sheriff's Sale is not stopped, your property will be sold to the
highest bidder. You may find out the price bid by calling 856-482-6900.
2. You may be able to petition the Court to set aside the sale if the bid price
was grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount
due in the sale. To find out if this has happened, you may call 856-482-6900.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain
the owner of the property as if the sale never happened.
5. You have the right to remain in the property until the 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 after the sale. This schedule will state who will be receiving that
money. The money will be paid out in accordance with this schedule unless exceptions
(reasons why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after Schedule of 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 TA~E THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTE~ BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
LAWYER REF~ SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166
ASSOCIATION DE LICENCIDADOS DE FILADELFIA
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3357
717-249-3166
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO.
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF Cu_mberla~d COUNTY:
from
01-114 CIVIL I~X TERM
CIVIL ACTION - LAW
To satisfy the debt, interest and costs due Dovenmuehle Mortqaqe Company, L.P.
PLAINTIFF(S)
Loretta J. Myer, 10 Kings Arms a/k/a Al0 Kings Arms, Mechanicsburg, Hampden Twp, PA
17055
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell See ~eqal Descr±ption
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debl to or for the account of the defendant(s) and from delivering any property of the defendant(s) or othen~vise disposing
thereol;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyoneother
than a named garnishee, you are directed to notify him/he rthat he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $64,438.06 L.L.
from 3/6/01 to 6/6/01 per diem
Interest @$10.64 - $989.52 Due Prothy
Atty's Corem % Other Costs
Arty Paid _.$107.44
$.50
Plaintiff Paid
Date: _
~rch I4, 2001
REQUESTING PARTY:
Name Mark J. Udren, Esq.
Address: 1040 N. Kings Highway, Suite 500
Cherry Hill, NJ 08034
Attorney for: Plaintiff
lelephone: 856-482-6900
Supreme Court ID No. 04302
Curtis R. Lonq
Prothonotary, Civil Division
Deputy
REAL ESTATE SALE No. ¥~
~,,-~¢7')/~,.~Z. )-~.. ~oo ' the sl~ifl levied upoa tile (lelen~,'~;:.
interest in the real property situated
numbered as:/,~
':n F..xt]ibit "A" filed wit~.
~ herein.
The Chase Manhattan Bank, s/b/m/t Chase Bank
Of Texas, N.A. f/k/a Texas Commerce Bank, NA
As Custodian
Loretta J. Myer
In the Court of Common Pleas
Cumberland County, Pennsylvania
No. 2001-130 Civil
R. Thomas Kline, Sheriff, who being duly swom according to law says this writ, is returned Stayed.
Sheriff's Costs:
Docketing 30.00
Poundage 93.71
Law Library .50
County 1.00
Levy 15.00
Surcharge 20.00
Postpone Sale 20.00
Share of Bills 25.09
$205.30 paid by attorney
4-16-01
Sworn and Subscribed To Before Me
This 3~6,~ Day of ~
Prothonotary
R. Thomas Kline, Sheriff
c~ 3~o£?
MA~K J. UDREN & ASSOCIATES
BY= Mark J. Udren, Esquire
ATTY I.D. NO. 0%302
10%0 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 0803%
856-%82-6900
The Chase Manhattan Bank,
s/b/m/t Chase Bank of Texas,
N.A. f/k/a Texas Commerce
Bank, NA as Custodian
4708 Mercantile Drive. North
Forth Worth, Texas 76137-3605
Plaintiff
ATTORNEY FOR PLAINTIFF
:COURT OF COMMON PLEAS
: CIVIL DIVISION
.Cumberland County
i MORTGAGE FORECLOSUI~
v. .'
Loretta J. Myer
10 Kings Arms
Mechanicsburg, PA 17055
Defendant (s) :
NO. 01-130 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129.1
The Chase Manhattan Bank, s/b/m/t Chase Bank of Texas, N.A. f/k/a Texas
Commerce Bank, NA as Custodian , Plaintiff in the above action, by its
attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for
the Writ of Execution was filed the following information concerning the
real property located at: 10 Kings Arms, Mechanicsburg, PA 17055
1. Name and address of Owner(s) or reputed Owner(s):
Name Address
LORETTA J. MYER
10 KINGS ARMS, MECHANICSBURG, PA 17055
2. Name and address of Defendant(s) in the judgment:
Name Address
SAME AS %1 ABOVE
3. Name and address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
Name Address
NONE
4. Name and address of the last recorded holder of every mortgage of
record:
Name Address
Plaintiff herein.
See Caption above.
DOVENMUEHLE MORTGAGE CO.
1501 WOODFIELD ROAD, SCHAUMBURG, IL 60173-
4982
5. Name and address of every other person who has
property:
Name Address
any record lien on the
u~.,"/~-~/~ ''~ ~ o / the si~erifl tevied upon tl~e a~'eno~
Interest in the real property situated in ,,~....~... :;:~,.~..~?
Cumberland County, Pa., known and numberecl as:/i
.~~.-~nd more fuih~ ~e~cribed on Exhibit '~A" filea
this writ and by this reference incorporated herein
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE
CHERRY HILL, NJ 08034
856-482-6900
Dovenmuehle Mortgage Company,
L.P
1501 Woodfield Road
Schaumburg, I1 60173-4982
Plaintiff
Vo
Loretta J. Myer
10 Kings Arms
a/k/a Al0 Kings Arms
Mechanicsburg, Hampden TWP,
17055
Defendant(s)
5OO
PA
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
~NO. 01-114 Civil Term
TO THE PROTHONOTARY:
Kindly mark the above captioned matter DISCONTINUED AND
JUDGMENT WITHDRAWN WITHOUT PREJUDICE, upon payment of your costs
only.
DATED: April 18, ~
Mark J. Udren, Esquire
Mark J. Udren & Associates
Attorney for Plaintiff