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Case Information

Filed 2023-06-01
Status CLOSED - CLOSED
Type L 1 Mortgage Commercial
Docket 41 entries
Disposition Default judgment

Parties

Plaintiff John R. Fernstrom
Defendant Potter, Kevin M.
Photo of Hon. Robinson Jr Robert H

Judge

Hon. Robinson Jr Robert H

Sussex County (DE)

Delaware

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Lawyers

Docket Entries

  1. INIT FILING MORTGAGE COMMERCIA
  2. INITIAL COMPLAINT
  3. WRIT ISSUED
  4. LONG ARM SERVICE ISSUED
  5. PRAECIPE FILED
  6. WRIT RETURN (GENERIC)
  7. WRIT ISSUED
  8. WRIT RETURN (GENERIC)
  9. PROOF OF MAILING RULE 4(F)(4)
  10. PARTIAL DEFAULT JUDGMENT
  11. PROOF OF MAILING RULE 4(F)(4)
  12. DEFAULT JUDGMENT
  13. NOTICE
  14. LEVARI FACIAS
  15. EXECUTION WRIT ISSUED
  16. WRIT RETURNED DATE DOCKETED: JULY 4, 2023 WRIT RETURNED JULY 3, 2023 SERVED SUSSEX HOLDINGS LP BY SERVING KEVIN POTTER, OWNER, ON JUNE 29, 2023. ACCEPTED BY: MS TRANSACTION ID: 70299755
  17. PROOF OF MAILING RULE 4(F)(4)
  18. PROOF OF MAILING AND POSTING PURSUANT TO SUPERIOR COURT CIVIL RULE 4(F)(4) FILED DATE DOCKETED: JULY 27, 2023 AFFIDAVIT OF PLAINTIFF'S COUNSEL (MELANIE J. THOMPSON) EXHIBIT A - NOTICE TO LIENHOLDERS AND TENANTS OF FORECLOSURE ACTION EXHIBIT B - CERTIFIED MAIL RECEIPTS EXHIBIT C - RETURNED EXECUTED MAILINGS (USPS TRACKING LOGS) EXHIBIT D - AFFIDAVIT OF POSTING ACCEPTED BY: MS TRANSACTION ID: 70480644
  19. PARTIAL DEFAULT JUDGMENT
  20. DIRECTION TO ENTER DEFAULT JUDGMENT DATE DOCKETED: JULY 27, 2023 JUDGMENT IS ENTERED AGAINST: KEVIN M. POTTER AND SUSSEX HOLDINGS LP. JUDGMENT AMOUNTS TO BE PAID AS FOLLOWS: PRINCIPAL: $222,000.00 INTEREST FROM 8/01/2022 TO 7/31/2023 AT 5% PER ANNUM: $11,026.00 LATE CHARGES: $553.00 CORPORATE ADVANCE: $2,403.05 TOTAL JUDGMENT AMOUNT = $235,982.05 (PLUS INTEREST AND ESCROW ADVANCES TO DATE OF CONFIRMATION, COUNSEL FEES, COSTS, AND OTHER SUMS) - DIRECTION FOR ENTRY OF JUDGMENT (MELANIE J. THOMPSON) - AFFIDAVIT OF PLAINTIFF'S COUNSEL IN SUPPORT OF DEFAULT JUDGMENT WITH SCRA SEARCH ACCEPTED BY: MS TRANSACTION ID: 70480644 **SEE AMENDED DIRECTION FOR ENTRY OF JUDGMENT FILED JULY 27, 2023 - MS**
  21. PROOF OF MAILING RULE 4(F)(4)
  22. PROOF OF MAILING AND POSTING PURSUANT TO SUPERIOR COURT CIVIL RULE 4(F)(4) FILED DATE DOCKETED: JULY 28, 2023 [REVISED] AFFIDAVIT OF PLAINTIFF'S COUNSEL (MELANIE J. THOMPSON) EXHIBIT A - NOTICE TO LIENHOLDERS AND TENANTS OF FORECLOSURE ACTION EXHIBIT B - CERTIFIED MAIL RECEIPTS EXHIBIT C - RETURNED EXECUTED MAILINGS (USPS TRACKING LOGS) EXHIBIT D - AFFIDAVIT OF POSTING ACCEPTED BY: MS TRANSACTION ID: 70499245
  23. DEFAULT JUDGMENT
  24. AMENDED DIRECTION TO ENTER DEFAULT JUDGMENT DATE DOCKETED: JULY 28, 2023 JUDGMENT (IN REM & IN PERSONAM) IS ENTERED AGAINST: KEVIN M. POTTER AND SUSSEX HOLDINGS LP. JUDGMENT AMOUNTS TO BE PAID AS FOLLOWS: COUNT I (IN REM) : PRINCIPAL BALANCE: $222,000.00 INTEREST FROM 8/01/2022 TO 7/31/2023 AT 5% PER ANNUM: $11,026.00 LATE CHARGES: $553.00 CORPORATE ADVANCE: $2,403.05 TOTAL JUDGMENT AMOUNT = $235,982.05 (PLUS INTEREST & ESCROW ADVANCES TO DATE OF CONFIRMATION, COUNSEL FEES, COSTS, AND SUMS) COUNT II (IN PERSONAM): PRINCIPAL BALANCE: $222,000.00 INTEREST FROM 8/01/2022 TO 7/31/2023 AT 5% PER ANNUM: $11,026.00 LATE CHARGES: $553.00 CORPORATE ADVANCE: $2,403.05 TOTAL JUDGMENT AMOUNT = $235,982.05 (PLUS INTEREST & ESCROW ADVANCES TO DATE OF CONFIRMATION, COUNSEL FEES, COSTS, AND SUMS) - AMENDED DIRECTION FOR ENTRY OF JUDGMENT (MELANIE J. THOMPSON) - AFFIDAVIT OF PLAINTIFF'S COUNSEL IN SUPPORT OF DEFAULT JUDGMENT WITH SCRA SEARCH ACCEPTED BY: MS TRANSACTION ID: 70499245
  25. NOTICE
  26. FILE ARCHIVED - BC DATE DOCKETED: AUGUST 2, 2023
  27. LEVARI FACIAS
  28. PRAECIPE FOR WRIT OF LEVARI FACIAS DATE DOCKETED: AUGUST 8, 2023 WRIT OF LEVARI FACIAS PRAECIPE ACCEPTED BY: MS TRANSACTION ID: 70572624
  29. EXECUTION WRIT ISSUED
  30. EXECUTION WRIT ISSUED DATE DOCKETED: AUGUST 15, 2023 WRIT OF LEVARI FACIAS ISSUED TO SUSSEX COUNTY SHERIFF. ACCEPTED BY: MMT TRANSACTION ID: 70624552
  31. WRIT RETURN (GENERIC)
  32. WRIT RETURNED: DATE DOCKETED: OCTOBER 17, 2023 WRIT RETURNED 10-16-2023. LANDS AND TENEMENTS TO BE SOLD ON 10-17-2023 AND SALE STAYED ON 10-13-2023. RETURNED TO COURT PER ATTORNEY. LETTER IS ATTACHED. LETTER NOTES BK CH 13 ACCEPTED BY: SB TRANSACTION ID: 71102195

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