HomeMy WebLinkAbout02-1509LAW OFFICES OF PULEO & D'EMILIO, LLC
By: Thomas I. Puleo, Esquire
Identification No. 27615
660 Sentry Parkway, Suite 210
Blue Bell, PA 19422
(610) 941-3600
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ATLANTIC MORTGAGE & INVESTMENT
CORPORATION, a division of
ABN AMRO Mortgage Group, Inc.
7159 Corklan Drive
Jacksonville, Florida 32258
:No.
TIM L. MOYER and
ROBIN K. MOYER, his wife
14 West Locust Street
Enola, PA 17025
CIVIL ACTION - MORTGAGE FORECLOSURE
COMPLA_ _ INT
NOTICE AVISO
You have been sued in court, lfyou 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 ccoun 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
HELl>.
Cumberland County Bar Association
2 Libeay Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
Le han demandado a usted en la cone. Si usted quiere defenderse de
estas demandas expuestas en las paginas siguientes, usted tiene (20)
dias de plazo a penir de la fecha de la demanda y la nolificacion.
Usted debe presentar una apariencia escrita o en persona o pot
abogado y archivar en la cone sus defensas o sus objeciones a las
demandas encontra de su persona. Sea avisado que si usted no se
defiende, la cone tomara medidas y puede entxar una orden contra
usted sin previo aviso o notificacion o pot cnalqier queja o aiivio que
espedido en la peticion de demanda. Usted puede perder dinero, sus
propiedades o otros darechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO
INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE
EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA
EN PERSONA O LLAME POR TELEFONO A LA OFICINA CIJYA
DIRECCION SE ENCUENTRA ESCRJTA ABAJO PARA
AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENC1A
LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013 (717) 249-3166
(800) 990-9108
CIVIL ACTION - MORTGAGE FORECLOSURE
COMPLAINT
1. Plaintiff, ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of
ABN AMRO Mortgage Group, Inc., is a corporation organized and existing under laws of the State of
Delaware with offices at 7159 Corklan Drive, Jacksonville, Florida.
2. Defendants, TIM L. MOYER and ROBIN K. MOYER, his wife, are the mortgagors and real
owners of premises 14 West Locust Street, Township of East Pennsboro, Cumberland County,
Pennsylvania, hereinafter described, whose last known address is as stated above.
3. On the 2 lat day of October, 1993, the above named mortgagors made, executed and delivered a
mortgage upon premises hereinafter described to Fleet Real Estate Funding Corp., which mortgage is
recorded in the Office of the Recorder of Deeds for Cumberland County in Mortgage Book 1173 page
550.
4. The premises subject to the said mortgage is described in Exhibit "A" attached hereto and
made a part hereof.
5. The mortgage secures defendants' certain Note dated the same as the mortgage in the amount
of $65,573.00 payable in monthly installments with interest at the rate of 7.5% per annum. A copy of the
said Note is attached hereto, made a part hereof and marked Exhibit "B".
6. The said mortgage was last assigned to ATLANTIC MORTGAGE & INVESTMENT
CORPORATION, a division ofABN AMRO Mortgage Group, Inc., the plaintiff herein, by written
assignment which is recorded in the Office of the Recorder of Deeds for Cumberland County in
Miscellaneous Book 589 page 158.
7. The mortgage is in default because the defendants have failed to make the payment of the
monthly installment of principal and interest in accordance with the terms of the mortgage for the month
-1-
of November 2001, and each month thereafter, up to and including the present time.
8. The following amounts are due on the mortgage:
Principal
Interest at 7.5% per annum from 10/1/01 thru
2/28/02 ($11.49 per diem)
Late charges accrued thru 2/28/02 ($23.55/month)
Escrow deficit (taxes and insurance) ($115.31/month)
Attorney's fee (5%)
Title information certificate
$55,916.36
1,734.99
92.61
461.24
2,795.82
325.00
Total $61,326.02
9. The said mortgage is not a residential mortgage as defined by Pennsylvania Act No. 6 of 1974,
and hence, no notice of intention to foreclose is required by the said Act.
10. The aforesaid mortgage is insured under Title II of the National Housing Act, and therefore,
is not subject to the provisions of Pennsylvania Act No. 91 of 1983.
WHEREFORE, plaintiff demands judgment in the sum of $61,326.02 plus interest, late charges,
escrow advances and costs to the date of judgment and foreclosure of the said mortgage.
~HOMAS I/PULEO
/Attorney for Plaintiff
-2-
DESCRIPTION
· ALL Ti-/,~-t~ CERTAIN piece or parcel of land, situate in the Township of East Pennsboro, Cumberland
County, Pennsylvania, and described according to a survey made by Gcrrit .l. Betz, Registered
Surveyor, dated Suly 20, 1973, as fo~lows, to wit: .
BEGINNING at a hub on the South side of West Locust Street (40 feet wide) at the corn.er of lands of
William Patkulsld, being the remainder of Lei No. 18, said point being measured along the sad side
of West Locust Street 390 feet to the Southwest corner of West Locust Street and Enola Drive; thence
extending from said point of beginning and through pan of Lot No. 18, South 15 degrees East the
distance of 148.80 feet to a hub on the North side of a 10 t~et wide alley unopened; thence along said
alley South 72 degrees 42 minutes 30 seconds West the distance of 45.04 feet to a hub at corner of
lands of Earl L. Kline, being Lot No. 21; thence along lands of Earl L. Kline North 15 degrees West
the distance of 150.'60 feet to an iron pin on the South side of West Locust Street; thence ~dong the Said
side of West Locust Street North 75 degrees East the distance of 45.0 feet to a point, the place of
beginnLng.
BEING Lots Nos. 19 and 20 a~d part of 18 on the Plan of Lots known as South Enola Addition
recorded in Plan Book 2, Page 55.
BEING known as Lot No. 14 West Locust Street.
Tax Parcel #16-1050q02
EXHIBIT A
Mlfitistate NOTE FIIA Case No.
File Number: 441-4756589 441-4756589
October 21,19 93
14 WEST LOCUST STREET, ENOLA, PA 17025
[Pmp~n¥ Add~e~l
1. PARTIES
"Borrower" means each person signing at thc end of this Note, and Ihe Person's successors and assigns; "Lender" means
Fleet Real Estate Funding Corp.
and its successors ,'md assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
lu return for a lonn received frmn Lender, Borrower promises to pay tile principal sum of SIXTY FIVE THOUSAND
FIV3~ HUNDRED SE~'EI, YPY THREE AND NO/100 .....................................................
.a Dollars (U.S. $ 65,573.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal,
~$}from the date of disbarsement of the loan proceeds by Leader, at the rale of Seven and One-Half
4/per cent ( 7.500 %) per year until the full amount of principal has been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated file same
dale ~ks this Note and called the "Security Instrument." That Security lnsu'ument prolects the Lender from losses which might
resol: if Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on
December 1,1993 . Any principal and interest remaining on the first day of November
20 t :3 , will be due on that dnte, which is called tile maturity dale.
(B) Place
Pa)~nent shall be made at FLEET REAL ESTATE FUNDING CORP., 324 W. EVANS STREET,
FLORENCE, SC 29501 or at such other place as Lender may designate in writing by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of $ 484.58 . This amount
will be part of a larger monthly payment required by tile Security Inslmmcnt, thnl shall be applied to principzd, interest and
other items in the order described in tile Security Instrament.
(D) Allonge to this Note for payment adjustments
If an allonge providing for payment adjastments is executed by Borrower together with this Note, the covenants of
the :dlonge shall be incorporated into and shall amend and supplement thc covenants of this Note as if Iht ,allonge were a
part of this Note. [Check applicable box]
~ Growing Equity Allonge I--"1 Graduated Payment Allonge
~ Other [specify]
5. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, itl whole or in part, without charge or penalty, on the
first clay of any month.
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security lnsa'ument, as described in Paragraph 4(C)
of Ibis Note by tile end of fifteen calendar days after the payment is duc, Lender may collect a late charge in the amount of
Fm~r per cent ( 4. 000 %) of tile overdue amount of each payment.
(B) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations
of t~e Secretory in the case of payment defaults, require immediate payment in full of the principal balance remaiaing due
and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent
defaalt. In mauy circmnstances regulations issued by file Secretary will limit Lender's rights to require imtnediate payment
in full in the case of payment defaults. This Note does not anthorize acceleration when not permitted by HUD regulations.
As used in this Nora, "Secretary" means the Secretary of Housing and Urban Development or his or her designee.
(C) Payment of Cost? and Expenses
If Lender has required immediate payment in full. as described above, Lender may require Borrower to pay costs
and expenses including reasonable and cuslomary attorneys' fees for enforcing this Nole. Such fees and costs shall hear interest
from the date of disbursement at the seine rate as the principal of this Note.
-- ~732¢
t.,,:,,(,) EXHIBIT B or..
FDS Form Number DCMUILI .... i61-8404
7,.WAI¥"ERS
Borrower attd any other person who bas obligations under Ihis Note waive tile rights of prcsenlment and notice of dishonor.
"Pre~enltnent" means the right lo require Lender to demand paymeat of mnoants due. "Notice of dishonor" means the right
to require Lender lo give notice to other persons that amounls due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrowex under this Note will be
given by delivering it or by mailing it by first class tnail to Borrowex at the property address above or at a different address
if B~. rrower has given Lander a notice of Borrower's different address.
Any notice that must be given lo Lender under this Note will be given by first class mail to Lender at the address stated
in Paragraph 4(B) or at a different addreM if Borrower is given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs Ihis Note, each persou is fully and personally obligated to keep all of tile promises made
itl Il;is Note, including the promise to pay the full mnounl owed. Any person who is a guarantor, surety or endorser of Ihis
Nole is al~ obligated to do these Ihings. Any person who takes over these obligations, including tile obligations of a guarantor,
surc~y or endorser of this Note, is also obligaled to keep all of the promises made in this Note. Lender may enforce its rights
under this Note against each person individually or ag~dnst all signatories together. Any one person sigding this Note may
be required lo pay all of Ihe anlounts owed under this Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
TIM L MOYER
ROBIN K MOYER ~
(Seal)
(Seal)
(Seal)
(Seat)
LOAN NUMBER: 370687326
Page2of2 FHA Multlslate~x~ RateNote.2~l
VERIFICATION
Mr. Edward M. Johns hereby states that he is Assist, Vice President of Atlantic Mortgage &
Investment Corporation mortgage servicing agent in this matter, that he is authorized to take this
Verification, and that the statement made in the foregoing Civil Action Mortgage Foreclosure
Complaint are true and correct to the best of his knowledge, information and belief. The
undersigned understands that this statement is made to the penalties of 18 Pa .C.S.A. Sec. 4904
relating to unsworn falsification to authorities.
Date:
Edward M. Johns
Vice President
SHERIFF'S RETURN - REGULAR
EASE HO: 2002-01509 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ATLANTIC MORTGAGE & INVESTMENT
VS
MOYER TIM L ET AL
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
MOYER TIM L the
DEFENDANT
at 14 WEST LOCUST STREET
ENOLA, PA 17025
, at 1755:00 HOURS, on the 4th day of April , 2002
by handing to
ROBIN MOYER, WIFE
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.35
Affidavit .00
Surcharge 10.00
.00
38.35
Sworn and Subscribed to before
me this /o ~ day of
~ ~ A.D.
/ V-P-ro~honotar~; I ;
So Answers:
R. Thomas Kline
o4/o5/2oo2
PULEO & DEMILIO
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE ~0:2002-01509 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ATLANTIC MORTGAGE & INVESTMENT
VS
MOYER TIM L ET AL
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
MOYER ROBIN K the
DEFENDANT
at 14 WEST LOCUST STREET
ENOLA, PA 17025
, at 1755:00 HOURS, on the 4th day of April
by handing to
, 2002
ROBIN MOYER
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6 00
00
00
10 00
00
16 00
Sworn and Subscribed to before
me this 7~ ~ day of
~ ~2~ A.D.
P~o%honot ary '
So Answers:
R. Thomas Kline
04/05/2002
PULEO & DEMILIO
Deputy' Sh'erl f'f ~'
LAW OFFICES OF PULEO & D'EMILIO
660 Sentry Parkway, Suite 210
Blue Bell, PA 19422
(610) 941-3600
By: Thomas I. Puleo, Esquire
Identification No. 27615
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ATLANTIC MORTGAGE & iNVESTMENT :
CORPORATION, a division ofABN AMRO :
Mortgage Group, Inc :
: No.02-1509-Civil Term
TIM L. MOYER and
ROBIN K. MOYER
PRAECIPE FOR JUDGMENT
Enter judgment in favor of the Plaintiff and against the Defendant(s) for want of an answer and
assess damages as follows:
Principal Debt
Interest from 2/28/02 through 5/10/02
Late charges accrued through 5/10/02
Escrow deficit
Attorney fees
Title infommtion certificate
$55,916.36
2,550.78
139.71
807.17
2,795.82
325.00
Total $62,534.84
I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED
AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM
CERTAIN FROM THE COMPLAINT.
I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party
against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and
Pa.R.C.P.
at least ten days prior to the date of the filing of this praecive. At col>v of~ched.
237.1
TI-I MAS I. PiJLEO, ESQUIRE
gMtomey for Plaintiff
AND NOW '-~ [ ~ ,2002, Judgment is entered in favor of plaintiff and against
defendants and damages asses~d as per the above certification.
Prothonotary
LAW OFFICES OF PULEO & D'EMILIO
660 Sentry Parkway, Suite 210
Blue Bell, PA 19422
(610) 941-3600
By: Thomas 1. Pul¢o, Esquire
Identification No. 27615
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ATLANTIC MORTGAGE & INVESTMENT :
CORPORATION; a division ofABN AMRO :
Mortgage Group, Inc :
: No.02-1509-Civil Term
TIM L. MOYER and
ROBIN K. MOYER
To~
Tim L. Moyer
14 West Locust Street
Enola, PA 17025
Date of Notice:April 26, 2002
NOTICE OF INTENTION TO FILE PRAECIPE
FOR ENTRY OF DEFAULT JUDGMENT UNDER Pa.R.C.P.237.1
IMPORTANTNOTICE
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 AND OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE.' IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013 ,'- .............. -- .----,~
(717) 249-3166
(800) 990-9108
THOMAS I. PULEO
Attorney for Plaintiff
LAW OFFICES OF PULEO & D'EMILIO
660 Sentry Parkway, Suite 210
Blue Bell, PA 19422
(610) 941-3600
By: Thomas i. Puleo, Esquire
Identification No. 27615
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ATLANTIC MORTGAGE & INVESTMENT :
CORPORATION, a division ofABN AMRO :
Mortgage Group, Inc :
: No.02-1509-Civil Term
TIM L. MOYER and
ROBIN K. MOYER
To: Robin K Moyer
14 West Locust Street
E~ola, PA 17025
Date of NotiCe:April 26, 2002
NOTICE OF INTENTION TO FILE PRAECIPE
FOR ENTRY OF DEFAULT JUDGMENT UNDER Pa.R.C.P.237.1
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR
DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT'
WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY AND 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 C.,/dN GET LEGAL HELP:
CUmberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013 ..................
(717) 249-3166 ~J l
(800) 990-9108
THOMAS L PULEO
Attorney for Plaintiff
LAW OFFICES OF PULEO & D'EMILIO
660 Sentry Parkway, Suite 210
Blue Bell, PA 19422
(610) 941-3600
By: Thomas I. Puleo, Esquire
Identification No. 27615
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ATLANTIC MORTGAGE & INVESTMENT :
CORPORATION, a division ofABN AMRO :
Mortgage Group, Inc :
: No.02-1509-Civil Term
Vo
TIM L. MOYER and
ROBIN K. MOYER
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA :
SS.
COUNTY OF MONTGOMERY :
THOMAS I. PULEO, being duly sworn according to law deposes and says that the defendant(s)
is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the
provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended;
That Tim L. Moyer is over 21 years of age, resides at 14 West Locust Street, Enola, Pennsylvania,
and is employed by/as unknown.
That Robin K. Moyer is over 21 years of age, resides at 14 West Locust Street, Enola,
Pennsylvania, and is employed by/as unknown.
M~AS~/. POLEZ5
Attorney for Plaintiff
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 7 DAY
,2002
NOTARIAL SEAL
TIIq~ANY W. ~<iN~, I~ary I~
.... ~~At?~'s~.22, 20O5
CUMBERLAND COUNTY
OFFICE OF THE PROTHONOTARY
TO:
Robin K. Moyer
14 West Locust Street
Enola, PA 17025
ATLANTIC MORTGAGE & INVESTMENT
CORPORATION, a division of
ABN AMRO Mortgage Group, Inc.,
Plaintiff
Ve
TIM L. MOYER and
ROBIN K. MOYER,
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1509-Civil Term
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
[X] Judgment by Default
[ ] Money Judgment
[ ] Judgment in Replevin
[ ] Judgment for Possession
[ ] Judgment on Award of Arbitration
[ ] Judgment on Verdict
[ ] Judgment on Court Findings
If you have any questions concerning this notice, please call Thomas I. Puleo, Esquire
at (610) 941-3600.
CUMBERLAND COUNTY
OFFICE OF THE PROTHONOTARY
TO:
Tim L. Moyer
14 West Locust Street
Enola, PA 17025
ATLANTIC MORTGAGE & INVESTMENT
CORPORATION, a division of
ABN AMRO Mortgage Group, Inc.,
Plaintiff
TIM L. MOYER and
ROBIN K. MOYER,
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1509-Civil Term
NOTICE
Pursuant to Rule 236 of the Supreme Cour~ of Pennsylvania, you are hereby notified that a
Judgment has bccn entered against you in the above proceeding as indicated below.
[X] Judgment by Default
[ ] Money Judgment
[ ] Judgment in Replevin
[ ] Judgment for Possession
[ ] Judgment on Award of Arbitration
[ ] Judgment on Verdict
[ ] Judgment on Court Findings
If you have any questions concerning this notice, please call Thomas I. Puleo, Esquire
at (610) 941-3600.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ATLANTIC MORTGAGE & INVESTMENT
CORPORATION, a division of
ABN AMRO Mortgage Group, Inc.,
Plaintiff,
TIM L. MOYER and
ROBIN K. MOYER,
Defendant(s).
COURT OF COMMON PLEAS
NO. 02-1509-Civil Term
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Issue Writ of Execution in the above matter:
AMOUNT DUE
INTEREST FROM
May 10, 2002
COSTS TO BE ADDED
$62,534.84 vt/
May 8, 2002
~1 tI~o roMe yA Sd~ '~Ua/Ln~fi Off, ESQUIRE
ALL THAT CERTAIN piece or parcel o/~/and, s/mate in the Township of East Pam]sboro, Cumber/and
Cra:n%,, Perm~y!vaaia, and described according to a survey made by G-errit J. Be/z, Registered
Surveyor, dated July 20, 1973, as follows, to wit: .
BEGINNING at a hub on the South ~ide of West Locust Street (40 feet wide) at the corner of lands of
William Parkulski, being the mraainder of Lot No. 18, said point being measured along the said side
of West Locust &ree~ 390 feet to the Southwest comer of West Locust Street and Enola Drive; thence
extending from said point of beginning ami through part of Lot No. 18, South 15 degrees East the
distance of 148.80 feet to a hub on the North side ora 10 l~el wide alley unopened; thence along said
alley South 72 degrees 42 minutes 30 seconds West the distance of 45.04 feet to a hub at eoraer of
lands of Earl L. gline, being Lot No. 21; thence along lands of Earl L, Kline North 15 degrees West
the distance of 150.'60 feet to an iron pin on the South side of West Locust Street; thence tdong the said
side of West Locust Street North 75 degrees East the distance of 45.0 feet to a point, the place of
beginning.
BEING Lots Nos. 19 and 20 and part of 18 on the Plan of Lots known as_South Enola Addition
recorded in Plan Book 2, Page 55.
BEING known as Lot No. 14 West Locust Street.
Tax Parcel #16-1050-102
LAW OFFICES OF PULEO & D'EMILIO
660 Sentry Parkway, Suite 210
Blue Bell, PA 19422
(610) 941-3600
By: Thomas I. Puleo, Esquire
Identification No. 27615
Attorney for PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ATLANTIC MORTGAGE & INVESTMENT
CORPORATION, a division of
ABN AMRO Mortgage Group, Inc.,
Plaintiff
TIM L. MOYER and
ROBIN K. MOYER,
Defendant
NO. 02-1509-Civil Term
AFFIDAVIT UNDER PA. RCP RULE 3129
THOMAS I. PULEO, attorney for Plaintiff in the above captioned mortgage foreclosure
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 14 West Locust Street, Enola, Cumberland
County, Pennsylvania, was tree and correct to the best of its knowledge, infmmation and belief.
1. Name and address of each Owner and/or Reputed Owner:
Tim L. Moyer
Robin K. Moyer
14 West Locust Street
Enola, PA 17025
Name and address of each Defendant named in the judgment:
Tim L. Moyer
Robin K. Moyer
14 West Locust Street
Enola, PA 17025
Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
None
Name and address of the last recorded holder of every mortgage of record:
None other than executing mortgagee.
o
Name and address of every other person or entity which has any record lien on the
property:
None
Name and address of every other person or entity which has any record interest in the
property and whose interest may be affected by the sale:
Cumberland County Domestic Relations
13 N. Hanover Street
Carlisle, PA 17013
Commonwealth of PA
Department of Public Welfare
P. O. Box 2675
Harrisburg, PA 17105
Name and address of every other person of whom the Plaintiff has knowledge who may
have an interest in the property which may be affected by the sale:
None
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, 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.
Date: May 8, 2002
THOMAS I PI_~EO, ESQUIRE
Attorney for Plaintiff
LAW OFFICES OF PULEO & D'EMILIO
660 Sentry Parkway, Suite 210
Blue Bell, PA 19422
(610) 941-3600
By: Thomas I. Puleo, Esquire
Identification No. 27615
Attorney for PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ATLANTIC MORTGAGE & INVESTMENT
CORPORATION, a division of
ABN AMRO Mortgage Group, Inc.,
Plaintiff
TIM L. MOYER and
ROBIN K. MOYER,
Defendant
NO. 02-1509-Civil Term
TO:
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
Tim L. Moyer
Robin K. Moyer
14 West Locust Street
Enola, PA 17025
Your house at 14 West Locust Street, City of Enola, Cumberland County, is scheduled to
be sold by the Cumberland County Sheriffs Department to enforce the Court judgment of
$62,534.84 obtained by Plaintiff Atlantic Mortgage & Investment Corporation, a division of
ABN AMRO Mortgage Group, Inc. against you. The Sheriffs Sale will be conducted on
Wednesday, September 4, 2002, at 10:00 A.M., Cumberland County Courthouse, 2nd Floor,
Commissioner's Hearing Room, Carlisle, Pennsylvania.
NOTICE OF OWNERS' RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
This sale will be canceled if you pay to Atlantic Mortgage & Investment
Corporation, a division of ABN AMRO Mortgage Group, Inc. the back payments,
late charges, costs and reasonable attorneys' fees due. To find out how much you
must pay, you may call (610) 941-3600.
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. The sooner you contact one, the more
chance you will have of stopping the sale. (See notice below on how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND
YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
°
°
If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder.
You may find out the price bid by calling the Cumberland County Sheriffs
Department at (717) 240-6390.
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.
The sale will go through only if the buyer pays the Sheriffthe full amount bid in
the sale. To find out if this has happened, you may call the Cumberland County
Sheriffs Department at (717) 240-6390.
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 had never happened.
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.
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
Cumberland County Sheriff on or about thirty (30) days from the date of Sheriff's
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 sheet is posted.
You may also have other rights and defenses, or ways of getting your house back,
if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 02-1509 Civil
COUNTY OF CUMBERLAND) CML ACTION - LAW
TO THE SHERIFF OF Cumberland COUNTY:
To satisfy the debt, interest and costs due ATLANTIC MORTGAGE & INVESTMENT CORP., a
division of ABN AMRO MORTGAGE GROUP, INC. ,PLANTIFF(S)
From TIM L. and ROBIN K. MOYER, 14 W. LOCUST ST., ENOLA PA 17025
(1) You are directed to levy upon the property of the defendant(s) and to sell REAL ESTATE
LOCATED AT 14 W. LOCUST ST., ENOLA PA 17025. (SEE ATTACHED LEGAL DESCRIPTION.)
(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 attachmem 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 in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $62,534.84
Interest FROM 5/10/02
Atty's Corem %
Atty Paid $126.35
Plaintiff Paid
L.L. $.50
Due Prothy $I.00
Other Costs
Date: MAY 13, 2002
REQUESTING PARTY:
Name THOMAS I. PULEO, ESQ.
Address: 660 SENTRY PARKWAY, STE 210
BLUE BELL PA 19422
Attorney for: PLAINTIFF
Telephone: (610) 941-3600
Supreme Court ID No. 27615
CURTIS R. LONG
Prothonotary, Civil Division
By:
LAW OFFICES OF PULEO & D'EMILIO
660 Sentry Parkway, Suite 210
Blue Bell, PA 19422
(610) 941-3600
By: Thomas I. Puleo, Esquire
Identification No. 27615
Attomey for PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ATLANTIC MORTGAGE & INVESTMENT
CORPORATION, a division of
ABN AMRO Mortgage Group, Inc.,
Plaintiff
TIM L. MOYER and
ROBIN K. MOYER,
Defendant
NO. 02-1509-Civil Term
AFFIDAVIT OF SERVICE
I, Lucy Fuentes, Legal Assistant to Thomas I. Puleo, Esquire, attorney for plaintiff, being
duly sworn according to law, deposes and says that he mailed by ordinary mail a Notice of Sale
pursuant to Pa.R.C.P 3129.2 upon the persons listed below on the~/~"~ay of ~J~t')/ , 2002 as
evidenced by the U.S. Postal Service Certificate of Mailing (Fomi 3817), which is attached
hereto as Exhibit "A":
Cumberland County Domestic Relations
13 N. Hanover Street
Carlisle, PA 17013
Commonwealth of PA
Department of Public Welfare
P. O. Box 2675
Harrisburg, PA 17105
LUCY FUF_.I~ES, Leg~tl ~ssistant to
Thomas I. Puleo
SWORN TO AND SUBSCRIBED
BEFORE ME THIS ~ JSt-DAY
OF ~ ,2002.
No;FARY PUBLIC a
KRISTEN L. VERITY. Notary Public ]
Sp~n_' gfield Twp., Delaware County I
For Accountable Mall
Atlantic Mortgage & Investment
Corporation, a division of ABN
Amro Mortgage Group
VS
Tim L. Moyer and Robin K. Moyer
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2002-1509 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Thomas Puleo.
Sheriff's Costs:
Docketing 30.00
Surcharge 30.00
Law Library .50
Prothonotary 1.00
Mileage 20.70
Levy 15.00
Advertising 15.00
Posting Handbills 15.00
Share of Bills 25.20
Poundage 13.70
Law Journal 279.35
Patriot News 232.15
Postpone Sale 20.00
Certified Mail 1.31
$ 698.91
paid by attorney
12/03/02
Sworn and subscribed to before me So An~wer~
This ~ day of ~~ ~'~'"~ f~
~ R. Thomas Kline, Sheriff
2002, A.D. Q--J~-~! , ,~_ ~. ~Lo~7,.~,~ t~ BY~: C ~ ~/bL~'-~ q
Prothonotary Real Es~te Deputy
c~_ 3~t oq
THE PATRIOT NEWS
THESUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Frank J. Epler being duly sworn according to law, deposes and says:
That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the
City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The
Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th
day(s) of August 2002. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
S A L E #45
REAl. E~TATE 8ALE No. 45
Wilt Ne. ~002-1S09
CIvil Term
Atlanfl~ f, lortgage & i
· division of ABN Amra
Mortgage Group, Inc.
v$
Tim L. t, lOyer
.R.,o~In K. Moyer
A~y. Thonm~ I. Puleo
DESCRIPTION
ALL THAT CERTAIN piece or pangl of land,
situate in ~e Township of East Peonsboro,
Cumberland County, Pennsylvania, ami described
according to a survey made by Gerrit J. Betz,
l~gi~n~d Sun~eyor, dated July 20, 1973, as
follows, to wit:
BEGINNING at a hub on the South side of West
Loonst Sto~et (40 feet wide) at the comer of lands
of William Padalsld, huthg ~ remainder of Lot
No. 18, said point huing measured along the said
si& of West Locust Strut 390 feet to the
Southwest ca'ne' of W~t Locust Strut and
Bnula Drive; thonc¢ extending from said point of
Sworn to and subscribed before rr)~ 14th day/~f Au~5~t 2002 A.D.
C~ ~ ~rdsbu~ Dau~in C~ I ., ~ .... ~
' r~June6 ~ I ~u IAHY PUBLIC
My ~ssion Ex~ , ~ . . .
M~r, Pen~ania Ass~ation ~ No, ties Y c0mmlsslon expires June 6, 2006
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$ 230.40
$ 1.75
$ 232.15
Publisher's Receipt for Advertising Cost
begioningandtigonghpattofLntNo. 18, anuth publisher of The Patriot-News and The Sundav Patriot-New,~ newspapers of general
15 >ees East thu distaste of 148.80 feet to a '
hub on the North side of a 10 feet wide alley 9 receipt of the aforesaid notice and publication costs and certifies that the same have
I unopened; thence along said alley Sonth 72
degrees 42 minutes 30 seconds West the distance
gline, being Lot No. 21; thence along lands of By ....................................................................
Earl L. Y, Jine North 15 deg~es West the distance
of 150.60 feet to aa iron pin on the South side of
West Locust Street; thence along the said side of
W~t Locust Strut North 75 deg~es East the
distance of 45.0 feet to a poinl, the place of
BEGINNING.
BEING Lots Nos, l~and 20 and part of 18 on the
Plan of Lots known as South Enola Addition
recorded in Plan Book 2, Page 55.
BEING huown ~s Lot No. 14 West Locust Strm.
Tax Parcel #16-1050-102.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L1784
STATE OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
SS.
Roger M. Morgenthal, 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:
JULY 26, AUGUST 2, 9, 2002
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL F_~TATE SALE NO. 415
Writ No. 2002-1509 Civil
Atlantic Mortgage & Investment
Corporation, a division of
ABN Amro Mortgage Group, Inc.
VS.
Tim L, Moyer and
Robin K. Moyer
Atty.: Thomas I. Puleo
DESCRIPTION
ALL THAT CERTAIN piece or
parcel of land, situate in the Town-
ship of East Pennsboro, Cumber-
land County. Pennsylvanim and de-
scribed according to a survey made
by Gerrit J. Betz, Registered Sur-
veyor, dated July 20, 1973, as fol-
lows, to wit:
BEGINNING at a hub on the South
Editor
SWORN TO AND SUBSCRIBED before me this
9 day of AUGUST, 2002
LOL~ E. ,SNYOER
lOWs ~_ eu duly 20 ~,~e~red SUr.
, ~o v~lt: ' z~?3, as fol-
BE_GINAEvO at a hub
si. de of ~est t _ o~
~de) at ~e ~cust ~treet
~ ~ .,- e°~er Ofl /~O feet
~ ~ ~ner of Wee~ · uie ~outh_
~'~ ~nOla D~Ve. ff~ ~eust
148.8~s~¢es East the ~.l~' South
Opene~ 10 feet ~
South ~2t~enee alon~esalley Un-
Seconds ~ ue~rees 42 ~ aid alley
feet to = uest the dist~n, n~tes 30
~ence ~ne, being L_~I ~ds of
Nor~ .~o~g l~ds ofm o[ No. 21.
South ~.~eet to ~ ~n. ~ a~st~ee
~Cust ~ng ~e Smd si~s~ Street;
~e dis)~- eet No~ 7U d-~e of ~est
~ P~ee of ~ '~ met to
BEINa , ueg~ ~ Po~t'
oouth Eno, ~ of~
~ust s~'°~ as ~t ~o -
T~ p ~eet. · ~4 ~est
~cel ~16-1050-i02