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HomeMy WebLinkAbout99-03165 4 I G V y v Cl a •n v m BANKERS TRUST COMPANY OF: IN THE COURT OF COMMON PLEAS OF CALIFORNIA, N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. E. JADE JANESKO, Mortgagor 99-3165 CIVIL TERM MICHAEL J. JANESKO, Defendant RE P NT ' I N O : LAI IFF S MO N BEFORE HOFF TIO F R SUMMARY JUDGMENT ER. P.J., HESS. GUIDO,JJ OPINION AND ORDER OF COURT AND NOW, this /#01 day of JANUARY, 2000, in consideration of Plaintiffs motion for summaryjudgment and after argument thereon, it is hereby ordered, adjudged and decreed that said motion is granted and judgment in mortgage foreclosure is hereby entered for the Plaintiff and against Defendants E. Jade Janesko and Michael Janesko for the amount due on the mortgage as of August 14, 1999, itemized as follows: Unpaid principal balance Interest, 12-01-98 through 8-14-99 at 11.9% Title report Unpaid late charges Court Costs Escrow deficit Attorney's fee at 5% TOTAL DUE $84,075.88 7,098.34 250.00 189.80 280.00 1014.60 4203.79 $97,112.41 It is further Ordered that this amount may be increased due to additional disbursements by the Plaintiff for the payment of taxes, assessments, maintenance charges, insurance premiums or costs incurred for the protection of the mortgaged premises or the lien of the mortgage, or expenses incurred by the Plaintiff by reason of the default under the mortgage including court costs and Sheriffs costs, by petition with notice to all parties. By the Court Edward E. Guido Mark J. Udren, Esquire 40PU For the Plaintiff 9.00 R I?S? Benjamin T. Warner, Esquire For the Defendants :sld I(1L;RY 00 1,, 19 CUbiG i ip;? cl"UV?Y PcNiVSY[bf'vUU1 BANKERS TRUST COMPANY OF: IN THE COURT OF COMMON PLEAS OF CALIFORNIA, N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. E. JADE JANESKO, Mortgagor 99-3165 CIVIL TERM MICHAEL J. JANESKO, Defendants IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HOFFER. P.J., HESS. GUIDO. JJ. Plaintiff mortgagee instituted this action in mortgage foreclosure by complaint filed on May 25, 1999. Defendant filed an answer with new matter on July 29, 1999. On August 27, 1999, Plaintiff filed a motion for summary judgement alleging that there are no genuine issues of material fact. Defendants did not file a response to that motion. The matter was subsequently listed for argument by Plaintiff s counsel. Both parties, through counsel, filed briefs and appeared before this Court to argue their respective positions. For the reasons hereinafter set forth, Plaintiff s motion for summary judgment will be granted, The record in this case consists of the pleadings, which include the complaint, Defendants' answer with new matter and Plaintiff s reply thereto. The record also includes an affidavit of Plaintiffs records custodian which sets forth the payment history on the mortgage.1 Sec Pa. R.C.P. 1035.1. 99-3165 CIVIL TERM In their answer to the complaint Defendants admitted virtually all of the allegations except one. They denied that the mortgage was in default. They specifically averred that all of the payments had been made on the mortgage through the month of June 1999. However, the payment history attached to Plaintiff's affidavit in support of its motion for summary judgment establishes that no payments have been made on the mortgage since January I, 1999,2 The affidavit further stated that the following sums were due as of August 14, 1999: Principal of debt due and unpaid $84,075.88 Interest at 11.99% from 12-1-98 to 8-14-99 (the per diem interest accruing on this debt is $27.62 and that sum should be added each day after 8-14-99 7,098,34 Title Report 250.00 Court Costs (anticipated, excluding Sheriffs Sale costs) 280.00 Escrow Overdraft (The monthly escrow on this account is $112.73 and that sum should be added on the first of each month after 8-14-99 189,50 Attorneys Fees (anticipated and actual to 5% of principal) 4.203.79 TOTAL $97,112,4P Sce affidavit of Wanda Collicr, Assistant Vicc President of I-SIC Mortgage Corporation. See affidavit of Wanda Collier, Assistant Vice President of FMC Mortgage Cotporration. 2 99-3165 CIVIL TERM Pennsylvania Rule of Civil Procedure 1035.2 provides that a party may move for summary judgment as a matter of law "whenever there is no genuine issue of any material fact as to a necessary element of the cause of action ... 114 Pennsylvania Rule of Civil Procedure 1035.3 (a) requires the adverse party to file a response to the summary judgment motion within thirty days after service.5 Summary judgment maybe entered against a party who does not respond .6 The only material issue of fact raised in the pleadings was the payment status of the mortgage. Plaintiff averred that no payments had been made since January of 1999. Defendants averred that the payments were up to date. Plaintiffs have come forward with evidence to establish the truth of its averments. The Defendants did not produce any such evidence in support of their averments. In Washington Federal Savings & tom Assoc v. Stein, 357 Pa.Super 286, 515 A.2d 980 (1986) the Court held: [P]arties seeking to avoid the entry of summaryjudgment against them may not rest upon the averments contained in their pleadings. On the contrary, they are required to show, by depositions, answers to interrogatories, admissions or affidavits, that there is a genuine issue for trial. The court, in ruling on a motion for summary judgment, must ignore controverted facts contained in the pleadings. The court must restrict its review to the material authorized by Rule 1035 to be filed in support of and in opposition to the Pa.R.C.P. 1035.2(1). Pa.R.C.P. 1035.3(a) provide as follows: (a) The adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifving (1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion or from a challenge to the credibility of one or more witnesses testifying in support of the motion, or (2) evidence in the record establishing the facts essential to the cause of action or defense which the motion cites as not having been produced. " Pa.R.C.P.1035.3(d). 99-3165 CIVIL TERM motion for summary judgment and only those allegations in the pleadings that are uncontroverted. Id. at 289, 515 A.2d 980 at 981 (citations omitted). Applying the above rationale to the case before us, we are compelled to grant Plaintiffs motion for summary judgment.7 Therefore, we will enter judgment in mortgage foreclosure in favor of Plaintiff and against Defendants in the amount of $97,112.41 , effective August 14, 1999. AND NOW, this 14TH day of JANUARY, 2000, in consideration of Plaintiffs motion for summary judgment and after argument thereon, it is hereby ordered, adjudged and decreed that said motion is granted and judgement in mortgage foreclosure is hereby entered for the Plaintiff and against Defendants E. Jade Janesko and Michael Janesko tin the amount due on the mortgage as of August 14, 1999, itemized as follows; Unpaid principal balance $84,075.88 Interest, 12-01-98 through 8-14-99 at 11.9% 7,098.34 Title report 250.00 Unpaid late charges 189.80 Court Costs 280.00 Escrow deficit , 1014.60 Attorney's fee at 5% 4203.7 TOTAL DUE $97,112.41 If they had made the payments as averred it would hate been simple enough to pnntucc cancelled checks, money orders or receipts. They have not done so. We are, therclbre, convinced that then ans%%vt aas filed merely to delay the inevitable. 4 . 99-3165 CIVIL TERM It is further Ordered that this amount may be increased due to additional disbursements by the Plaintiff for the payment of taxes, assessments, maintenance charges, insurance premiums or costs incurred for the protection of the mortgaged premises or the lien of the mortgage, or expenses incurred by the Plaintiff by reason of the default raider the mortgage including court costs and Sheriffs costs, by petition with notice to all parties. By the Court, /s/ Edward E. Guido Edward E. Guido, J. Mark J. Udren, Esquire For the Plaintiff Benjamin T. Warner, Esquire For the Defendant :sld 5 .... ...... MARK J. UDREN & ASSOCIATES BY: Mask J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NOT 08034 609-482-6900 Bankers Trust Company of California, N.A. 222 West Las Collinas Blvd Suite 600 Irving, Texas 75039 Plaintiff V. E. Jade Janesko, mortgagor Michael J. Janesko 3966 Enola Road Newville, PA 17241 Defendant (s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County :NO. 99-3165 Civil PRAECIPE_TO_MARK._SETTLED,_DISCONTINUED_AND_ENDED TO THE PROTHONOTARY: Please mark the above captioned matter SETTLED, DISCONTINUED and ENDED, upon payment of your costs only. Mark J. Udren, Esquire Mark J. Udren & Associates Attorney for Plaintiff Dated: January-_-3L,__.2000 r• n ?.r ,c _.- _ '.'?: ' '::5 : j .:u C:. - ?' ?_ %> MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 ATTORNEY FOR PLAINTIFF Bankers Trust Company of California, N.A. ' COURT OF COMMON PLEAS 222 West Las Collinas Blvd. Suite 600 : CIVIL DIVISION Irving, Texas 75039 : Cumberland County Plaintiff V. : NO. 99-3165 Civil E. Jade Janesko, mortgagor Michael J. Janesko 3966 Enola Road Newville, PA 17241 Defendant(s) TO THE PROTHONOTARY: PRAECIPEEOR.ARGUMENT (1) Argument date requested is October-13,_1999 (2) The matter to be argued is Plaintiff s-Motion-for_Summary-Judgment. (3) The party who has the burden is Defendants. (4) The matter should be argued before ( ) a panel of judges under B. R. C. P. 211(a) (xx) a single judge under B.R.C.P. 211(b) (5) . The following named judge ( ) should ( ) should not hear the case for the following (6) Case will be argued for Plaintiff by ?,fJ? T [/J/rUitJ E 7 Case will be argued for Defendant by Case will be argued for Additional Defendant by MARK J. UDREN & ASSOCIATES By:.-- ? Mark J. Udren, Esquire 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 609.482-6900 Bankers Trust Company of California, N.A. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS = CIVIL DIVISION Cumberland County V. E. Jade Janesko, mortgagor Michael J. Janesko NO. 99-3165 Civil Defendant(s) CERTIEICATE_OF-SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Praecipe for Argument upon the following person(s) named herein at their last known address or their attorney of record. _xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: Septanber 13, 1999 TO: Benjamin T. Warner, Esquire Ten East High Street Carlisle, PA 17013 MARK J. UDREN & ASSOCIATES By:---- -`. Mark J. Udren, Esquire Attorney for Plaintiff LAW OFFICES hLAA% J. UDREN & ASSOCIATES 1040 NORTH KINGS HIGHWAY SUITE Soo CHERRY HILL, NEW JERSEY 08034 609. 482. 6900 FAX. 609. 481. 1199 M4RKA UDREN• SMART WINNEGse CAYL SPIVAE ORLOFF•** 'AAi nWAU0NPAANOFZ "ADI =D OWNPA µADMff= ALSO IN PA TINA AIARIE RICH OFF/CRADA NSMt7OR September 13, 1999 Benjamin T. Warner, Esquire Ten East High Street Carlisle, PA 17013 FRF.DDIF. MAC PENN4YLVANMA DESIGNATED .O N PLEASE RESPOND TO NEW JERSEY OFFICE" Re: Bankers Trust Company of California, N.A. vs. E. Jade Janesko, mortgagor Michael J. Janesko Cumberland County C.C.P. No. 99-3165 Civil Dear Mr. Warner: PENMYIVANIA 0 FFI1'F 24 NORTHM MONAVENUE SUITE 240 BRYN AMWR, PA 19010 215-S68-9S00 215568-1141 FAX Please find enclosed a true and correct copy of Plaintiffs Praecipe for Argument in the above- captioned matter, the original of which has been sent for filing with the Court. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Sincerely, MARK J. UDREN & ASSOCIATES By: Mark J. Udren, Esquire Attorney for Plaintiff /Ijr [r_ P 1 1-.. F ? ' ? ?? ij' ?„ = `i i ?, ...?,. r.._ '; ' f ?_4_i ' fi ' v; lit. OCT 12 19QQ"N MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 Bankers Trust Company of California, N.A. ' COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff : Cumberland Comity V. E. Jade Janesko, mortgagor Michael J. Janesko NO. 99-3165 Civil Defendant(s) PLAINTIFF'S BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 1. STATEMENT OF FACTS Plaintiff filed the instant action in Mortgage Foreclosure against the Defendants for their failure to make mortgage payments pursuant to a Mortgage entered into between the parties. A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" 11. STATEMENT OF THE QUESTION INVOLVE Where there are no genuine issues as to any material fact, should Summary Judgment In Mortgage Foreclosure, as a matter of law, be granted in Plaintiffs favor where the Defendan(s herein are in default of their Mortgage for failure to make payments for an excessive period of time? III. ARGUMENT Pursuant to Pa.R.C.P. 1035. 1, at-seq., "Motion for Summary Judgment", any party may move for Summary Judgment in whole or in part as a matter of law after the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, whenever there is no genuine issue of any material fact as to a necessary element of the cause of action .... Pa.R.C.P. 1035.2. The relevant pleadings herein are closed and, therefore, Plaintiff moves for Summary Judgment. Pa.R.C.P. 1035.3 provides further with regard to Summary Judgment: (a) The adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion... (d) Summary judgment may be entered against a party who does not respond. In the "Note" to Pa.R.C.P. "Rule 1035.2 Motion", it is stated that Partial summary judgment, interlocutory in character, may be rendered on one or more issues of liability, defense or damages. Defendants have essentially admitted the material facts set forth in Plaintiff's Complaint, which include, int r alia the existence of the loan evidenced by the Note and Mortgage executed by the Defendants; that after demand, Defendants failed, and continue to fail to comply with the terms of the Mortgage, including payment thereof, for an excessive period of time; and that Defendants are in default of the Mortgage. The Defendants have not made a payment on the Mortgage as of January 1, 1999, a period of eight (8) months to the time of filing of this Motion, essentially living in the mortgaged premises for free. As a result of Defendants' nonperformance, the present action was filed, and, as of this date, Defendants have failed to bring the account current. RULE 1029. DENIALS. EFFECT OF FAILURE TO DENY. (a) A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof to which it is responsive. A party denying only a part of an averment shall specify so much of it as is admitted and shall deny the remainder. Admissions and denials in the responsive pleading shall refer specifically to the paragraph in which the averment admitted or denied is set forth. (b) Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by sub-division (c)... of this rule, shall have the effect of an admission. (c) A statement by a party that after reasonable investigation the party is without knowledge or information sufficient to form a belief as to the truth of an averment shall have the effect of a denial. Note: Reliance on sub-division (c) does not excuse a failure to admit or deny a factual allegation when it is clear that the pleader must know whether a particular allegation is true or false. See Cercone vs. Cercone, 254 Pa.Super 381, 386 A.2d 1 (1978). It is clear that the Answer to the Complaint is a misuse of the provisions of Pa.R.C.P. 1029. Misuse of Rule 1029 is an admission, and such an admission will support Summary Judgment. Pursuant to Pa.R.C.P. 1029(b), by failing to deny specifically or by necessary implication paragraphs 1, 4, 5, 6, 7 and 8 of the Complaint, Defendants have admitted these averments. First Wicennsin Trust-Ca. vs Straim , 439 Pa.S. 192, 653 A.2d 688 (1995); New York Giardian Mortgage C ron vc Dietzel, 362 Pa.S. 426, 524 A.2d 951 (1987). Defendants' Answer admits paragraphs 1, 2 and 3 outright and/or in part, thereby admitting that Defendant, Michael J. Janesko, is the real owner and Defendants are mortgagors of the within mortgaged property. Defendants purport to deny, in whole or in part, the averments contained in paragraph 1 as merely statements regarding Defendants' "lack of knowledge". It is well settled that an Answer is unacceptable and an admission where it is clear that Defendants have adequate knowledge or that the means of obtaining information are within the control of s. Elia v" t71sz wcki, 368 Pa. 578, 84 A.2d 188 (1951); First Wig= in T is .m yc Stmu ser, 439 Pa.S. 192, 653 A.2d 688 (1995); Cercone v r on , 254 Pa.Super. 381, 386 A.2d 1 (1978); Goodrich-Amram 9d Section 1029(c)(1) P. 280. Defendants' allege in paragraphs 4,5 and 6 of their answer that they made payments through June, 1999. As stated in Plaintiffs Reply to Defendants' New Matter, a true and correct copy of which is attached hereto as Exhibit "B", Defendants have not made a payment since December, 1998. In fact, Defendants have only made one payment since the inception of the loan. Furthermore, the sums due Plaintiff are easily calculable under the terms of the Mortgage, and Defendants have totally failed to tender a payoff or a reinstatement of the sums due to date. See, Plaintiffs Affidavit attached hereto. Since Defendants have the knowledge of, and the means necessary for obtaining the denied information, including the total sums due, the denials are, in fact, admissions. F.lia Y. Olszewcki, 368 Pa. 578, 84 A.2d 188 (1951); Firs wicco vin Trot Cn ys . tra uccer, 439 Pa.S. 192, 653 A.2d 688 (1995); Cercoue v. Cerrnn , 254 Pa.Super. 381, 386 A.2d 1 (1978). Defendants' denial in paragraphs 7 and 8 are mere assertions of a "conclusion of law", which provides no defense thereto as the denial is to an averment that offers factual situations of which the Defendants have knowledge, and therefore are admissions. First Wicconcin Tnic Co. vs. Strall set, 439 Pa.S. 192, 653 A.2d 688 (1995). Defendants' denial of paragraph 7 of the Complaint about the reasonableness of attorney fees does not constitute a defense. Plaintiff has an express contractual right pursuant to the terms of the Mortgage to charge the Defendants attorney fees as a consequence of the initiation of the within Action in Mortgage Foreclosure. The Pennsylvania Courts have long and repeatedly concluded that as much as 5 % of the principal balance due in the calculation of attorney fees is reasonable and enforceable. Robinson Y. Loomis, 51 Pa. 73 (1865); Eirst Federal Savinand o n Asm9iatio,_ n v CtreeLRoad-Shognin?v Centel, 68 D. & C. 2d 751, 755 (1974). Under the circumstances, the attorney fee recited herein is reasonable. The Pennsylvania pre-foreclosure Act 6 Notice is not required in the present matter. The Act 6 Notice of intention to Foreclose (41 P.S. Section 101, et seq.) is only required when the original bona fide principal amount of the Mortgage is Fifty Thousand ($50,000.00) Dollars or less. The original bona fide principal amount of the subject mortgage is in excess of $50,000.00. See, Exhibit "A" attached hereto (Mortgage). Plaintiff has complied in all respects with the Pennsylvania pre-foreclosure Notice requirements of Act 6 (41 P.S. Section 101, et seq.) and Act 91 (35 P.S. Section 1680.401c, at seq.) In this respect then, it should be noted that Defendants' Answer effectively admits every allegation of the Complaint. DEFENDANTS'NEW MATTER All the averments in Defendants' New Matter are based upon Defendants' assertion of having made all the payments due on the mortgage. As evidenced by the loan payment history attached to Plaintiffs Reply to Defendants' New Matter, Defendants have not made a payment since December 17, 1999 making the mortgage due for 1/1/99. Defendants' New Matter does not offer any genuine issue to any material fact, and solely consists of mere conclusions of law and thus, does not set forth factual grounds precluding Defendants' obligation to pay the Mortgage. IV. CONCLUSION The allegations of the Complaint are, in fact, uncontroverted. As set forth above, Defendants' Answer and New Matter have been interposed for the purpose of delay only, and it does not substantiate any claim or defense to the propriety of the Mortgage foreclosure action per se. There are no genuine issues as to any material fact to be determined at trial, and therefore, for the reasons set forth hereinabove, the Plaintiff (moving party) is entitled to summary judgment as a matter of law. Respectfully submitted, MARK J. UDREN & ASSOCIATES By:_ Mark J. Udren, Esquire Attorney for Plaintiff I Loan No: 034401056995 Data ID: 811 Borrower. E JADE JANESKO : ! :. • .I Tax Parcel Identification Number: ` %i ?Le15 '98 DOT 29 PM 12 41 Return to. UNITED COMPANIES LENDINO CORPORA770Na ISO E. PARK DRIVE HARRISBURG, PA 17111 No•a atalw IDa ta.Im F.", 0.4 MORTGAGE THIS MORTGAGE (`Saurhy Imtru=t*) is given oo the 76th day or October, 1991L The mortgagor s E. JADE JANFSKO AND MICHAEL J. JANPSKO , HER HUSBAND whose mW=s fs 3966 ENOLA ROAD, NEWVILLE, PENNSYLVANIA 17741 ("EOrtowa"). This Security Instrument is ghen to UNITED COMPANIES LENDING CORPORATIONa, A CORPORATION, what is organized and costing under the lows of We State of LOUISIANA, and whose addreu is 4041 ESSEN LAN£ BATON ROUGE, LOUISIANA 70909 Bormo n:r own Lender the principal sum or EGH Y.FOUR THOUSAND ONK HUNDRED and NOllaa-Dollars (U.S. $ 80.10000). 7bs debt is aWeared by Borrower's onto dated the same date as this Security Instrument (-Nom'), whwb pro tries for moathy payments, with the fu0 debt, If om psW earlier, duo and payable an November 1, 7078, Ibis Security Insrureot secure to IcWa: (a) the repaymcrt or the debt evidenced by the Note, with Inserer4 and all rcnewoK extensions and mod8lcadom of the Note', (b) the payment of all other sums, with Interest, advanced under paragraph 7 to pml= Use agreemeents under tub Seminary Irmo otrtrmrnt am the Notes. orr this purpose, Borrower does hereby mortgage, grasta sums wnyq to [.ender the following described property boned in the aty or NEWV1LLf+, CUMBERLAND County, Pennsylvania: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF PENNMVANLA.IOw radio asODa9m r.ree ataa7r.am. Ira taYOpnl /KM7ta17R i r«,a ama ana piso. s aaAa.sy Infilll?l ?ll?{BO?II??I{l{IQII01?lII{ll?all91f9Ior- . 00- 05111100130 cccgiMmm1i.20 EXHIBIT A 1 'Y _I Loan No: 03MIOSd995 Data ID: Bit Borower: E. JADE JANESKO 1.4 FAMILY RIDER Assignment of Rents THIS 1.4 FAMILY RIDER 4 made thb 76th day of October, 19M and b Incorporated into and shall be deemed to amuld aed supplement the Mortgage. Deed of The or Seecurit D N (ehm•?hry Imuument•) of the Same date ghm by the und=#uod (the Torrowa? to aearc UNITED COMPANIES LENDING CORPORATIONS of the tame date and covering the property dambed in the Security Instrument and looted ante 7.ender•) 3960 ENOLA ROAD NEWVILL% PENNSYLVANIA 17741 14FAMLYCOVENANM In addition to the connuou and agreement merle in the Sonny Imtntmem, Bon and Leodcr further covenant and agree as rodowu A. ADDITIONAL PROPERTY SUBTEXT TO UIE 9ECURr1Y INSTRUMENT, In addiion in the Property dembcd In the Security ltmment, the following hems rte added m the Property description. and B al n cowdtuto the Property covered by the Scantily instrument bu0dioi materlab, apQBarxa and good, Svmy nature wha sosver now or hereafter ]=led m, on, w urod. m Intended to be wed in connection with the Property, inc uding but not tinted to. throe for the purposes of mpplying or distributing hearing, coolli g, electricity, gas, War, air and light, the preventim and ea irmuhInnS apparan a, security and aria annual appaalu% plumbing. bath tubs, water heawn. water clweu, ,inks, range, stoves, refrigerators, dahwathan, ddibSpmuh• washen, dryen, awnings, acorn wiMnws, storm damn, Smccra, bGny ,bade;, curaim sad curtain nab, etuebed mirron, abiumh panelling and attached Bow covering, now or hereafter erarhed to the Mr. all of which, Including replacements and addhumn thenw. shall be deemed to be and amain a ppaartrt of troperty covered by the Security Imuummu. All of the foxgoiug together with the Property daerrbed in the Security Instrument (w the leasehold aunt if the Secmhy hatrum ent is on a Ieaschold) are rcferrod to in thb 14 Family Rider AM the Security Immanent in the Tmpcrty.- B USE OF PROPERTY; COMPLIANCE PnITI LAW. Borrower shall act sock. a in w tale a chamge In the we of the PropeM or In zoning dauiSatba unlas Lcndcr has agreed in writing in the . change. pBbrrvle wer rLW co PH with all ker% ordinanack regulations and r urmocau or any governmental body ap to Prrty. G SUBORDINATE LIENS. Eawpt a permitted by fedeai law. Bct o thall cot allow any hen inferior to the Savrity Inatrumam in be pe fersed against the Property without Leader's prior wrinen pi mdnioa D. RENT LOSS INSURANCE. Bormmr Ad mauuu Insurance agault rem Ica in addition to the other haurds for which imuance Is required by Uniform Covenant S. WLTICIATE ti FAMILY Well - Fw,r aaaF.eL Mae UNrOlal PffrWANNT F. 3170 Ina ... (papa r a/ a PNw) IN 110 IN M 111111111 M nil H IN f1 1111111111111 mom eGod4-02l,ASf i1Z '..:.._Sitg:; :_... .:;BC"_s?.ii?y+'J •J_"w?'a?'aLC4?.^.`: .:._ ._._ . .. ,.... Loan No: 0363010D4310 Data ID: 133 Borrower. VIOL TRICE Borrower'. ADJUSTABLE RATE NOTE (LIBOR 6 Month Was-Rate Can) THIS NOTE CONTAINS PR0VISIONSALLOWING FOR CHANGES IN My WERkSTRATEAND MY MONITLY PAYMENT 7119 NOTE IZMS THE AMOUNT MY INI IMESI RATE CAN CHANGE AT ANY ONE TiMR AND THE MAIIMOM RATE I XM PAY. Augat 12, 1998 LANSING MICHIGAN IGtvl flan.) 1400 W MAPLE LANSING, MICHIOAN 48915 IrmwM Ad w j L 0ORR0RER71 PROMISE TO PAY In return for a loan that I have rcc*od. I pmmb4 to pay U.S. S S5,M .00 (hair amount is allod'Prlacipan, plus imeest, to the orda of the Leda. Mw Under h UNITED COMPANIES LENDING CORPORAT[ON6. I undartanciIhat the Leda may tramfa the Note. The Under or anyone who taken ft Yate by uemfa and who h eWted to recho peymcats undo[ this Note is allod date 'Note Holder.' 2. INTLR6T Interest will be charged on unpaid priocipd unW the fu0 amount of principal hu been paid I will fatcrat at a yearly ram of IDA90 Rte The intern[ ate I will pay may flange to eaordame with Section 4 of this Note The interest ate required by this Section 2 and Section 4 of this Note Is the ate 1 wed pay both before and afta any default dacrbad in Section 7(B) of this Note I PAYMEaM (A) Mae NO Plane of Payments I will pay principal and lateral by maktng p,ymeats every =nth. I will nuke my monthly psytnenu on the flat day of each month bybolni an Onoba L I99L I will aake these payments awry math until l law paid all of the principal and beat and any oshcr dart= dmcrmcd below that I may owc and" this Nota My aenthly payoonts will be applied to :nteral Won principal. IL on September L 2016, I still owe amounts under Tait Notc, I will pay those smouats in full on that duce, which is called the'Mmrity Date.' I will make my mant* payments at P.O. Rot 215, Memphis, T maetsee 38101.0215, or u a different plan if required by the Note Holder. (B) A-1 of My T-1011 MtermWy Payments Each of my initial monthly paytocats Will be in the amount of US. S 771143. Tech amount may `a- g (C) Monthly Palmeri tlarym Changes N my adu* payment will alien dung= in the unpaid principal or my loan and in the intent rate Out I nut pay. The Note Holder will detaahme ay now interest rate and the dented amount of ay monthly prymeat in accordance with Section 4 of this Note 4. WrER7SP RATE AND M0NTMY PAYMENT CDANGPS (A) Change Date, ' The hues[ ate I w:I p_y ray duumge on the. first day of Sepacmla,, =I, and on that dry every shot month thereafter. Each date on which ay Lateran rate could flange b =gcd a'C auge Oada' . MY n( t CHM A?pOtpgufAaltRag POTEOJIM lrcan (jlla?Ir h„rypyplli gryt? Ip? I?'g?yt'I ?pt?g? boc ifir II?II4?fYl1 ???I IW ?I??IR????f?tlifl ?II11N?0i?tlI?111fl ?U11111` _ y /4wrar4A?.N (R) The Imda Begbtila{ with the fins Chavge Dxse, my interest rate will be based an an lades 7he'ln W h the montage of the interbank offered rata for sir awmb United Suter dollar demos, in the Loadno Interbank market hued on quoutWU W mapr banla, u published to the Southwest Edition of Au Wog Sna laumd. Tbc mat recent 1? figure eralloble as of the date 4S dap before each Camilla Date 6 oiled the 'Current Index' If the Inch is no longer swilable, the Now Holder will choose a new i de, that is based upon, mmpable infer -th- The Note Holder will give ma notion or this ehoim (C) Caloda0cn of Chmpa percentage Pelage) ( 43M %) to the Current Inds. rM NOW Holder will than round the rash of this addWon to the mearat onaafghth of ore pereeauge point (0.125%. Subject U) the IiWa mated in Seaton 4(D) below, this mumied umunt will be my raw bterat nu until Ian ocu ansar Dote. 7be Now Holder will than determine the ameum of the monthly Paymanl that would be su6xintt to repay the =paid PhncIM that I am expected to own at the Change Date in fug on the Maturity Dale at my new interest raw in substantially tqual payroca% The mull of this alculatbn, will be the new amount of my monthly payment, (D) iJmlu an Interest Rau Changes 7be imc[mt rata I am mqubed to pay as the fort Cheap Dam will not be greater than IL4900% or less than 9A900%. Thereafter, my lateren raw will mwr be increased m decreased on any single Change Dam by more then ONE rat ?gebe giv ae(1?%6,19W %or Ime ftia a 11rest .4500he% been wY [w the preceding 6 moatha My internal we will (C) Ellective Dim Of Changes l t be new interest w U became effective on each Mange Data 1 will pay then amount ?ne new scaughly payment pqnpes ginning on tae Or" monthly payment (Into after the (]serge Date umR the amount of ? Will. (Fy Nash of C harept The Note Holder will delker or mall tome a notice of any changes in my Interest rate and the amount of my monthly Paymem before the effective date of any change. The notice will include information required by law to be given me ¦ aka the title and telephone number of a person who will server any question I may have regarding the notice, S. BORROWER'S RIGHT! TO MWAY I haw the right w mete payments of principal at any tom: before they are due. A payment of principal only b known u a •ptcpaymant' When I make • prcpayment, I will Will the Now Holder In writing Uat I am doing ea I may prepay aR or any part of the unpaid beam, of the principal at am• time, in which event Nom Hold-- sty, u fu option and as pvmhted by taw, sues a prepsymcat penalty of LOD96 of the amount prepaid in the font three year (Se. month period). If this Now is me o d'&ul% the Now Holder will use all of ray prepaymau to reduce the amount of prb, 3 p taut will be an changes in the due data of my monthy that 1 owe under this Note. if I make a partial prop=c, psymana umesc the Now Holder ag:lxs in writing w anga.. My partial pmpa??wwuu may red= rho amount of my monthly payments SW the tint Clump Dave following ray panes prepayment ] of =ever, any reduction due w sy parnal prepaymcat my be affect by an haereat rate iacebaw. BY aooepng partial payment of ay payment, Now Holder don, net waist the right to mlkn than remaludu • of such payment. Acceptance of envy psymmt after maturity, or waher of any breach or drlauk of the warm of this Now mW me constitute a wahc of sy Isla a other bream or defauh, and failure of Now Holder to aedse any of its rights shed ram matttute waiver of sum rights. G. IRAN CHARGES I If a law, whim applio w this wan and which area maximum ban charges, is finally h:wrpmwd so that the interest m other ban cbarga collected or m be mibmed in aonoembn with this loan camad the perntktod antis, than, 0) any such loan charge dug be traduced by the amount necessary to red= the charge to the perahend Rona; and (if) any suet aheady collected from me whim a-coded permitted limits wig be refunded to me. The Now HoIOCr may moose to make this refund by reduay the pr0uipal I w.e unda this Now or -sling a direct payment w ave. E a refund reliance, Principle, the re0uclbv will bo t led u a partial prcpaymcoL 9. BORROWER'S FAILURE TO PAY AS RMUIRED (A) law Owgs far Owadoe ilyuaa It the Now Hods her on, remind the fug amount of any monthly paymnt by the and of 10 calendar dap after the data It is due, I will per a We charge to she Now Holder. 711ce amount of the charge will be $.M% of the Payment I will pry this law c argn prom" but only o-x we and hate payment UA DHauk 111 do not py the fug smouu of ore momtbly payment no the data it is due, 1 will be in default atliaratL Mpg MR 611001 waf- less, agal IC1L 11106 Ht7l dos fend Leon No: 07610100010 Data I6. 175 Borrower: VIOL (RICE (C) Atolmetlao If I am in default, the Now Holder may without actice or demand, unful otherwise required by applicable later, require me to pay Inardtately tent fug amount of principal that hu not been paid and all Interest Out I we on that amount. (D) No %khw By Nab leader Even g, at a time when I am In ddAuh, the Note Holder don we require me to pay immediately in fug u deerlhed above, the Now Holder will sell! have the right to do w if l am to default at a later time, (E) payarmu or Nab yfoweva Corr and Evgen If the Note Holder her required ma to pay Immediately le fug u dumbed above, the Note Holder will have the right to be paid back by me for All of Its cents and capered La tnforebg thin Now to The ereat me prohibited by applicable law. Those eapemes Inside, for mample, reasonable atbmeys' fees of 15.00% of the ram, due under this Nom or the amount allowable under applloble sure em. a GIVING OF NOMM. Unl® applicable law royuho a different method, any notico that must be giwa to me, under this Note will be given by delivering it or by mating it by that can mail to ten at the Prop" Address above or at a different address If I give the Note Holder a written mtloe of ray different address. Unless the Note Holder roquirm a cifferent methoq any notloe that must be given to the Now Holder under this Now will be given by magical it by 8nt these meal to the Note Holder at the ddrot rated In Section 7(A) above or at a dlfforent addw it I am ghm a entice of that dgfereat address. f. OBLIGATIONS OF PERSONS UNDER 7MS NOTE. If MM than one person slam this Nola, ach person is fogy and personally obligated to keep all of the pmmba made In this Note, including the promise to pay the fug amount owed Any person who is a guaranmr, surety or mdoner of nth Note Is also obligated to do flat things. Any pawn who takes we, that obligations, Including the obaptermm of a guaranmr, surety or endorur of this Note, Is also obligated to keep all of the, promise; made in this Note, 1b us Note Holder may enforce Its rights under this Note against each person individually, m against all of us wgmber. 7h! resume that any one of us may be required to pay all of the amounts owed under this Note, 10. WAIVERS 1 and gay other pawn who has obggatmns under this Note waive the rights of retie, of aceelcmdare, presentment and mlice of dshomr. 'Presentment' means the right to require the Note Holder to demand payment of amounts due, 'Notice of dbhmor' mum the right to acquire the Note Holder to give notice m clever penom that amauma due hero not been paid, H. UNWORM SECURED NOTE Tliig Note is a uniform fmtrument with limited variation be same jurhdlctiom. In addition to the pmtees6ns given to the Note Holder under this Note, a Morkpge, Deed of 7hmt or Security Dead (the 'Security Instrument'), dated the same date as this Note, protests the Note Holder from potable louts which might mull if 1 do me keep the promotes that I make in this Note,. 7bat Security Itulrome tt describes how and under what xndirom 1 may be required to make immediate payment in N0 of All amm ems f owe under this Note. Some of those condition ere described u fogowee Transfer or the P "rely a a lkoOkW Irergers In Boreewee Lf all or any par of the Property or any interest in it is sold or transferred (or if a banetkial interest in Borrower It said or enmfered and Borrower Is me a natural p=a) without Lender's prior written mmrnt, Lender may, at In option, require Immedtam payment to fug of ail sums secured by" Security Instrument. Elowever, Ode option shag not be exacleed by Lander If exerUBC Is prohibited by federal taw m of the due of this Security Irestrumcat. Leader also shag me exrcfses star option if: (a) Borrower causes to be submitted to Lender information roqu ml by lender to evaluate the intended lremrfe ct u If a new rota were burg mede to the tramfereG and (b) tender reasonably domeenines that fervlen's security will art he impaired by the ben assumption and that the risk of a breach of any mveaant or agrecment in this Security Instruments aoeptabae to Lender, 7b the eatmt permitted by applicable law. (.ender may charge a reasonable fee u a condition to LmderY consent to the sun assumption, lender may also require the tr=efcroc to sign an assumption agreement that h samptahle to tender and that obligates the Munkrec to kc<p all the promises tad agreements merle in the Note and in the, Security Imtrurument. Burrower will mmmuo to be obligared under the Note and the, Security instrument unit= Leader micases Borrower In writing, AMM ARE MTE IgIE &" bdw-pal C" ` Lt= ism "? ^w3d4Aawq , w„f Wm1m nle W,xo(e) nxo Sw.(1) or Ixc Ulrncauoxm. ' V[OL TRICE-BOrm?vr ?"? -.4 I16LL'ILLLfW!1171!a010R Ytlr rb Lw* A Lk= "a Lam No: 036501004110 Borrower. VIOL TRICE Data ID; 131 ADJUSTABLE RATE RIDER (LIBOR d Montis fndee-•Rmn ape) THIS ADJUSTABLE RATE RIDER 6 auto this 1711:day W Augual, I998, and Is ascorponstll into and shall be decreed 10 amend And Supplement the MengalE, Dad of That m Security Deed (the'SocuNty lnsuumentl of the tame date given by the undwdpmd (uu'Bormw"I to secure Borrower's Aejustable Ram Nate (the 'Now') to UNITED COMPANIES LENDING CORPORA71086 (the'Londer) of the are dam and covering the property desesibed In the Security instrument and located au 1400 W MAPLE LANSING, MICHIGAN 48915 Iewo"A- I 4171K NOTE CONTAINS PROVISIONS ALLOWING FOR QLINGIS IN THE INTIGtFST RATE AND 711M MONTHLY PAYMENT. THE NOTE LIMITS THB AMOUNT THE BORROWLOCS IN711l i4T RATE CAN CHANGE AT ANY ONE 71ME AND THE MAMMM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the avetana and apaormLs made In the Security Instrumcat. Borrower and Lauder furlhar mtetam and asroe u fopoee: A. INTIMM ]LATE AND MONTHLY PAYMENT CTIANGIS The Note provides for ail Initial (ntaot rate of IDA90 16. The Nom provides for changes in the interest rate and the n tribly paymcnls, as follows: 4, IN 113=17 RATE AND MONTHLY PAYMENT CrANGES (A) Change Dams The loosest rate I will pay troy dun=e an the fu t day of Heptembel, 3001, sod on that dry every shah month lbaretOer. Each date on which rro Interest ram could dmngn it rated a'Cb=$c Date.• (B) The Inds Beginnins with the fug Clrarep Date, aq lateral ram will be baud an an Ind" The 9odae Is the average of the Interbank offered rata tar mt month United States delta deposits in the London Interbank trakat based on quotation; of major banks, a published in the Southwest Edition 017,7A, W R Soarllosona7, Tile roost recent Inder nuns avalWbm as of the date 45 days berm each Change Dote is called 0n'Llutant Indio.' If the heals Is no longer satiable, the Note Holder will dome a new lodes that is based upon campsrablo information. The Nola Holder will she era retire of this choke (CT aiculallon of OWTN Before each pantie Dam, the Nato Holder will calculate my new (nterst rate by adding FOUR and ONFAL F percentage point(s) (45M %) to the Current Index The Notes Holder wV that found the fault of this addition to the retreat axtlghL't of ere prase polar (CUZS%} Subject to the limits garret In Section 4(D) below, this rounded amount will be my new Interest ram until the rani Cheap Date. The Nom Holder will than datnmine the amour of the a athy payment out would be suRLeferu o repay the unpaid principal that I are eapecled to owe at the Claw Date in full on the Mmurity Data at my raw, interest mm in fubsantmiy equal paymcru. The result of this raWsiation will be the ncwr amouns at my monthly payoena. AMSTAMA RATA 11DER WWR aaa-41tata Cape) UCLC MOEN sand II?M1101II?I?Q??l?inll?Il?lI101 re"Iof2papq (D) LhoW an Iotaest Raft Chugea The bbrot rate I am roquhed to pay at the Ml Ctange Date Will ttm be outer than IIA900% or ku than 9Ap007g. Thereatter, my interest rate wM Omer be iacreand or deaeaand on any Wyk Cheep Data by mom than ONE petoentap polat(a) (LOO %) from the rate of interest I hate ban prying for the pnxedhy d man& My Intuat rate will never be outer than 1[000 x or Irm than L1p,00 7L. M Elbe Dam of Changes My am b11em rata will ban= effective on each Caw Data 1 wN the amount of my new monthly Fairmont begloning on the Nat monthly paymeat dale after the aump Date unto the amount of my monthly payment dutyn again /n Notlta of Geroge . The Nob HoNa wa deliver or =1 to me a rotbe of arty rhmym to my interest ram and the soaum army ammth)y qyrtont before the effective date of ear clynga The rotke wgl tneArda lotomutioa requbnd bP taw b At ft me and abo the title and telephom number of s pcnon who will atsaet airy gtteruoa I may haw rtoading the nctia. B. TRANSFER OF TIIR PROPERTY OR A EBN47CIAL. IN TiRRST IN BORROWER ' Vnlform Corsair 17 of the Smrty Imonam a amcmlW bread u motion; Trundle of the P Kay or a Raundal Lamar in Benoasr. If all of any put of the property or any interest In It h mid or inerterred (or V a betmil" imervet In Bonowcr b on or lnmfcned ' and Borrower Is not a natural person) without Lerddr prim written tnman, Leader may, at W opib% ?brbmharndblepayrnertl in Mot all man teethed by this Sturdy lva a of the tmtnmenL sHowrw, ibis option o shaLander it =rciAc Is prohibited ll net eaaorc this option M (a) Burrowct causes to be ubmilled to Lander Iratrument. fader al irlormutbn required by Laden to eftl alc the iotcado6 transferee u it a new ken were beftt4 made to the tnmkmc; and (b) Lida twonaby deterviom that UoWs security wO net be unpaved by VIA ban auampion mod that the rhk of a breath of any mvaum or aoosaoal In thin Security ImWmnt Is aaepuble to Lender. To Via extent L cnW mts[m pthe ertained by m=pC?on. Under hour son may require etthe tnadera to sign an auumpi'oo aoamem that is sceepuble b tender and Wuobbptas the truafmoo b tarp sit rbe pm iw end Nabda and In the this Note Sera g continue * Inbummt utters leader teams Bonowm fobligated and Br Simmer Bmnw, Bormwm aaepts ad attract; to the tents and comnardt mauimd in Wt Adjustable Rate hider. VIOL TRIM ADPATAKX N1Te IMM AMOR bdn Clap UCLC MM 10,1031 Pa" a ar l rav.4 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATPY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609e482-6900 ATTORNEY FOR PLAINTIFF Bankers Trust Company 01 c:atutorma, N.A. ' COURT OF COMMON PLEAS CIVIf DIVISION Plaintiff : Cumberland County V. E. Jade Janesko, mortgagor Michael J. Janesko . r = N0.99-3165 Civil Defendant(s) PLAihlTrTES ERPLY TA DFla F1?TfA1\"^C? 1`T^+ W R?ATT t+D 9. Denied. No Response is required to this averment. 10. Admitted in part and denied in part. Plaintiff admits that Defendants made a payment to United Companies Lending Corporation on December 17, 1998, in the amount of $977.15. Said payment was applied to the first monthly mortgage payment due on 12/1/98, making said mortgage loan due for 1/1/99. Plaintiff admits that Defendants again tendered a monthly mortgage payment to United Companies Lending Corporation on December 31, 1998 in the amount of $977.15. However, this payment was returned marked "Non Sufficient Funds" from Defendants' banking institution and reversed on United Companies Lending Corporation's payment history on January 22, 1999, making the subject mortgage loan remaining due for 1/1/99. A true and correct copy of United Companies Lending Corporation's payment history is attached hereto and marked Extubit "A". Plaintiff specifically denies that Defendants made monthly mortgage payments to United Companies Leading Corporation in November, 1998 and January, 1999. 11. Denied. Plaintiff denies that Defendants made monthly mortgage payments to EMC Mortgage Corporation in February, March, April, May and June of 1999. By way of further reply, Defendants never made a mortgage payment to EMC Mortgage Corporation since EMC Mortgage Corporation ffEyW_servicing of the subject mortgage loan in the "HIBIT month of February, 1999. Therefore, said mortgage company has no payment history on the subject mortgage loan. 12. Denied. As stated in Plaintiffs Complaint and above responses and further evidenced by the exhibit attached hereto, Defendants are in default of the mortgage loan as of 1/1/99 and have failed to comply with the mortgage and note securing the premises located at 3960 Enola Road, Newville, PA 17241. 4 WHEREFORE Plaintiff prays and respectfully requests that the Honorable Court deny and dismiss, with prejudice, Defendants' New Matter , and award judgment in Plaintiff s favor as prayed for in its Complaint. MARK J. UDREN & ASSOCIATES Y? f Mark J. Udren, Esquire Attorney for Plaintiff EMC Mortgage 8/13/ 99 1:37: PAGE 00212 RightFAX iMCt5VNUMB=: 10178 ' OWN613: 7q BRANCH NC $44 PART NO LOAN NO: 0711010 505E DEALER NO: 000 ORG OFFICE: Sa : LOAN OFFCR 1 NAME JVASKO, E. JADE DOB: 00/00/00 BON CODE 00 COMMIT N0: 00 ADOR: WHENCLARCA TYPE S, INT: PI3ed BUS PHONE 717.2404044 SSNA'JN NUM: 0001801401 CITY: CROWLEY ST: LA ZIP: 0700100000 HOMEPHONE 717.7767050 I NOTE DATE 10120f00 =L S CLASS 67 FINAN•Ora PREPAIpITEM3 UNEARN DISC .00 OR LIFE .00 PAYME PA PMT NT DATA W41 IST DUE DATE 12101149 COLLATERAL 001 LOAN FEES 200.00 VEH INS 70.00 ESCROW 11278 ACCTOATE 101501 HOMEOWNER 0 ACQ FEE .00 PH INS .00 TOTAL PMT 077,10 DIR/NDIR 0 BROKER FEE $14973 'MTG LIFE .00 CUSTMR PMT 4975 CONiRACTRATE 1'LNO SOURCEIACQ 100 LOAN PURCH ,00 ;AZ INS .00 IRRLSTPMT 06x0 NOTEAPR 17.401 CREDIT 0 TAXSERFEE 02.00 ARE INS 111.02 LAST DUE 11101102 REPAYMENT 0 PREPOINT 19M STATE .00 MATURITERM 350 SIMPLE INT 4000 RECOURSE 2 / COUNTY TAX 13111 PMTS MADE 1 IN I PAC HON .0005P1 HILLINU 30 1 GIY IAX .00 NkMAININU 1'M IS 30 ECOA 2 MISC 226.05 INTFREQ 00 PLAN 0 NEXT DUE OtRit" PRINFREQ 00 PREPAY PEN 1 000? COLLECT6DiTEMB ?..? STATE 37 UNEARNED DISC -108 CRUFE .00 STATUS INACTME MATUR CATC 11107125 COUNTY N HAND FCC 00 VEH ING 00 NOTE TYPE Oa ACQFEE .00 AM INS .00 RNA AMT .00 NOT. 0 BROKAA FCC .00 MTO INS .00 SHORAMT .00 RATE CHART LOAN PORCH • .00 HAZ INS .00 YTD INT 20.06 MONTHS EXTEND 0 MORTMCUP 12 RES BAD DEBT i,00 FIRE INS ,00 MAILOODE 05 PREPOINT .00 STATE TAX .00 OEFCODE 00 CRIGM 73.130 SALOON/CALL COUNTYTAX .00 DEFAMT .00 GRSMTHLYINC ;22402 DATE 00100100 CITY TAX .00 ISTMRTBAL .00 ro.?e...s.. NOTES RECENABLEO??w PARTPCT 0Lu ORSMTHLYD63T 1aL00 CURRENT N/R GAL 84,07115 COLLATERAL VAL 114,0moo PARTYLO 004 BUYDOWN FUNDS SAL .00 REFIN AUT .00 CURRENT ESCROW SAL 1UN CASH OUTLAY 74,011.00 NON-ESCROWED ITEMS o0 CONTIGENTRES .00 LASTMNTDATE 2=M REMAIN UNEARN DISC .00 TDT PREPAIDS 53155 CHARGEOFFAMT .00 TOTAMTFINANCED 71046.2 BUILDING ESCROW .00 FINANCECHARGES 0,.753.10 UNPAID LATGCHO$ U44 NOTSAMT 54,700.00 LOAN 7MN5CRPT. TOTAL TRANS DUE PAID AMT PRIN INT Esww 1271150 10277150 12/01102 "T.15 5L12 81130 17277 7213'U00 Own" 577,15 2L35 2605 11273 ovnu "CHARGES- "TRANSACTION" .. 0112ZW 5l Ma R7.1i 2W5. 2106 11173. 61120250 ' CQWd Arawd CD Not App FFUNNDDSN BALANCE DESC CODE 43,22 t LATE CHAR SwLw p" smt12 r01 1105 a N5? CHAR 1 2075.0 w CHOCK Col 43M 8 - LATE CHAR ir A MARK J. UDREN d: ASSOCIATES BY: 04302, Esquire ATTY I.D. NO. 04302 1040 N. ]KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-082-6900 Bankers Trust Company of California, N.A. Plaintiff V. E. Jade Janesko, mortgagor Michael J. Janesko Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIM DIVISION CumberlandCounty e NO.99-3165 Civil f ERTIFICATF. OF CFR<^CF I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Plaintiffs Reply to New Matter upon the following person(s) named herein at their last known address or their attorney of record. _xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: Cirf 1 TO: Benjamin T. Wanner, Esquire Ten East High Street Carlisle, PA 17013 MARK J. UDREN & ASSOCIATES By: Mark J. Udrea Attorney for Plaintiff MARKA ODAUP STUARrWNNEG" GAYL SPIVAK 0AWF76- -AwaT=ALS0NPAAN J'L "ADAMMOAa?NPA ADAWMAUONPA TfiQ MARIE RIC9 0"=ADAfiN3 QVM August //v , 1999 . LAW OFFICES MARK J. UDREN & ASSOCUTES 1040 NORTH KfNGS HIGHWAY SGRTE S00 CHERRYEILL, NEW JERSEY 08034 609.482. 6900 FAX- 609. 482.1199 "PLSAS6 RESPOND TO NEN{ JERSEY OM W Benjamin T: Warner, Esquire Ten East High Street Carlisle Re: Bankers Trust Company of California, N.A. VS. E. Jade Janesko, mortgagor, Michael J. Janesko CumberlandCOunty C.C.P. No.99-3165 Civil Dear Mr. Warner: PA.N,{IR9PV K nE R. 24NORTHAMUONAVENUE sun524a BRYNNAW$ PA 19710 uss6a.9ra7 . 215s6&1141 FAz Please find enclosed a true and correct copy of the Plaintiffs Reply to New Matter and Certificate of Service with regard to the above captioned matter, the originals of which have been sent for filing with the Court. Please refer to the Cumberland County Local Rules of Court which set forth your rights and responsibilities herein. This is an attempt to collect a debt, and any information will be used for that purpose. Sincerely, MARK J. UDREN do ASSOCIATES By: Mark dre quire _ Attorney for Plaintiff/Movant /ljr Enclosures VRR I_ F r sATla-N 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 regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading 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 Plaintiffs agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4404 relating to unworn falsification to authorities. Mark T. Udren, Esquire MARK J. UDREN & ASSOCIATES MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY Y.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 ATTORNEY FOR PLAINTIFF Bankers Trust Company of California, N.A. ' COURT OF COMMON PLEAS CPqL DIVISION Plaintiff ; Cumberland County V. E. Jade Janesko, mortgagor Michael J. Janesko Defendant(s) NO. 99-3165 Civil I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Plaintiffs Motion for Summary Judgment and Brief in Support upon the following person(s) named herein at their last known address or their attorney of record. ixxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: 8 ?S 9 TO: Benjamin T. Warner, Esquire Ten East High Street Carlisle, PA 17013 MARK J. UDREN & ASSOCIATES By: Mark J. Udren, Esquire Attorney for Plaintiff LAW OFFICES MARK J. UDREN & ASSOCIATES 1040 NORTH KINGS HIGHWAY SUITE 500 CHERRY HILL, NEW JERSEY 08034 609. 482. 6900 FAX. 609. 482. 1199 MARX J. UDRRNO STUART R7NNEG00 GM SPIVAK ORLOFM*" •ADMMI D ALSO LN PA AND F L 'YADMRJdDONL?LN PA ?"AOMLRlDALS0INPA TINA MARIE RICE' 0F7MSADM1NNMfVX EBEDDIE-MACL PENNSYLYANIA- DESIGNATED C11 INS , PLEASE RESPOND TO NEW JERSEY OFFICE" PENNSYLVANIA GEELCE 24 NORTH MERLON AVENUE SUITE 240 BRYN MARK, PA 19010 215.568.9500 215468.1141 FAX August IT , 1999 Benjamin T. Warner, Esquire Ten East High Street Carlisle, PA 17013 Re: Bankers Trust Company of California, N.A. vs. E. Jade Janesko, mortgagor Michael J. Janesko Cumberland County C.C.P No. 99-3165 Civil Dear Mr. Warner: Please find enclosed a true and correct copy of the Plaintiffs Motion for Summary Judgment, Brief In Support and Certificate of Service with regard to the above captioned matter, the originals of which have been filed with the Court. Please refer to the Cumberland County Local Rules of Court which set forth your rights and responsibilities herein. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Sincerely, MARK J. UDREN & ASSOCIATES By: ?? - Mark J. Udren, Esquire Attorney for Plaintiff/Movant /Ijr Enclosure MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609.482-6900 Bankers Trust Company of California, N.A. ' COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff : Cumberland County V. E. Jade Janesko, mortgagor Michael J. Janesko Defendant(s) N0.99-3165 Civil PLAINTIFF-'S-REPLY-TO-DEFENDANTS-'-NEW-MATTER- 9. Denied. No Response is required to this averment. 10. Admitted in part and denied in part. Plaintiff admits that Defendants made a payment to United Companies Lending Corporation on December 17, 1998, in the amount of $977.15. Said payment was applied to the first monthly mortgage payment due on 12/1/98, making said mortgage loan due for 1/1/99. Plaintiff admits that Defendants again tendered a monthly mortgage payment to United Companies Lending Corporation on December 31, 1998 in the amount of $977.15. However, this payment was returned marked "Non Sufficient Funds" from Defendants' banking institution and reversed on United Companies Lending Corporation's payment history on January 22, 1999, making the subject mortgage loan remaining due for 1/1/99. A true and correct copy of United Companies Lending Corporation's payment history is attached hereto and marked Exhibit "A". Plaintiff specifically denies that Defendants made monthly mortgage payments to United Companies Lending Corporation in November, 1998 and January, 1999. 11. Denied. Plaintiff denies that Defendants made monthly mortgage payments to EMC Mortgage Corporation in February, March, April, May and June of 1999. By way of further reply, Defendants never made a mortgage payment to EMC Mortgage Corporation since EMC Mortgage Corporation acquire servicing of the subject mortgage loan in the month of February, 1999. Therefore, said mortgage company has no payment history on the subject mortgage loan. 12. Denied. As stated in Plaintiffs Complaint and above responses and further evidenced by the exhibit attached hereto, Defendants are in default of the mortgage loan as of 1/1/99 and have failed to comply with the mortgage and note securing the premises located at 3960 Enola Road, Newville, PA 17241. WHEREFORE Plaintiff prays and respectfully requests that the Honorable Court deny and dismiss, with prejudice, Defendants' New Matter , and award judgment in Plaintiffs favor as prayed for in its Complaint. MARK J. UDREN & ASSOCIATES Mark J. Udren, Esquire Attorney for Plaintiff EMC Mortgage EMC OUMOGR: 1617327 LOAN NO: 03320132" NAME: JAN001(0. 0. JADE ADDR: UN ENOLA RDA CITY: CROWLEY 8/13/99 1:37: PACE 002/2 RightFA% OWNER: 707 BRANCH NO: 844 PART NO: 1 DEALER NO: 000 ORG OFFICE: 34 LOAN OFFCR DOB: 00100100 ESIEIN CODE: 00 COMMIT NO: 00 TYPE S. INT: FIxed BUS PHONE: 717.240.0044 SSNEIN NUM: 0001001452 ST: LA ZIP: 0706200000 HOMEPHONE: 717.770.7060 m2lum NOTEDATE 10128105 am CLASS 1ST DUE DATE 12/01/88 COLLATERAL ACCTOATE 1W3o10 HOMEOWNER DIR/NOIR CONTRACT RATE 11.880 SOURCFJACQ NOTEAPR 13441 CREDIT REPAYMENT SIMPLE INT &000 RECOURSE IN I hAD I UN .0""2 BILLINU ECOA INTFREQ 00 PLAN PRINFREQ 00 PREPAY PEN STATE MATUR DATE 11101/25 COUNTY NOTETYPE NOT. RATE CHART MONTHS EXTEND 0 MORTIOCCUP MAIL CODE ORIG TO 73.130 SALOON/CALL GRS MTHLY INC I,22&" DATE 67 501 0 0 100 0 0 2 30 . 2 0 1 37 00 04 0 12 " owwoo FINANCE CHQS UNEARN DISC .00 LOAN FEES 20&00 ACQ FEE .00 BROKER FEE 0,102.73 LOAN PURCH .00 TAXSERFEE 0&00 PREPOINT 105.43 I PREAIOP I OR LIFE TEMS .00 PAYMLNTO PA PMT ATA 054.42 VEH INS 7&00 ESCROW 11273 A/H INS .00 TOTALPMT 077.15 MTOLIFE .00 CUSTMRPMT 00.70 I9AZ INS .00 IRR LST PMT 080.0 FIRE INS 244.02 LASTOUE 11/01102 STATE .00 MATUR/TERM 360 COUNTYTAX 133.11 PMTS MADE 1 MY IAX .00 KhMAININU PM 13 360 MISC 22&00 --s- COLLOCTODITOMS w----r>- UNEARNED DISC .00 OR LIFE .00 HAND FEG .00 %CH INS .00 ACQ FEE .00 AM INS .00 BROKER FEE .00 MTO INS .00 LOAN PORCH .00 HAZ INS .00 RES BAD DEBT :.00 FIRE INS .00 PREPD INT .00 STATE TAX .00 COUNTYTAX .00 CITY TAX .00 1STMRTBAL .00 sm--m-fts NOTES RECEIVABLIO-m-0--maw-um ORS MTHLY DEBT 100.00 CURRENT N/R OAL 04,074.00 COLLATERAL VAL 114.000.00 BUYDOWN FUNDS DAL .00 REFIN AMT .00 CURRENT ESCROWBAL MU CASH OUTLAY 74,811.03 NON-ESCROWED ITEMS .00 CONTIGENT RES .00 REMAIN UNEARN DISC .00 TOT PREPAIOS 63404 CHARGE OFF AMT .00 TOT AMT FINANCED 75,35&32 SULDING ESCROW .00 FINANCECHARGES 0,76316 UNPAID LATE CHOS ".44 NOTEAMT $4,100.00 LOAN TRANSOVINT: i TRANS DUE PAID 121111q TOTAL AMT RIN _ NT mcw 1211710 i 1210110 877.16 N.12 04&30 112.73 _ 12131132 011011" 877.19 25.30 320.04 11273 01/22/50 oltzm 0110110 077.19. 2L36• uo.M 11273• 0112!!" "CHARGES" NEXTOUE 01101100 STATUS INACTIVE RNA AMT .00 SHORAMT .00 YTOINT 32&09. OEF CODE 00 OEF AMT .00 PART PCT KIT PARTYLO .600 LAST MNT DATE "TRANSACTION' RL?Vd BUYDWN Cdld'd Arend CO Not App FUNDS 43,22 8 LOAN BALANCE DESC LATE CHAR CODE 04076" P01 32061.62 Pot 1&00 4 NSF CHAR 1 3207&0I NSF CHECK C01 43.22 S LATE CHAR 'T A 'im".. 4 MARK J. UDREN & ASSOCIATES BY: 04302, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 ATTORNEY FOR PLAINTIFF Bankers Trust Company of California, N.A. ' COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff : CumberlandCounty V. E. Jade Janesko, mortgagor Michael J. Janesko = NO.99-3165 Civil Defendant(s) CERTIFICATE OE-SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Plaintiffs Reply to New Matter upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: f l?/?9 TO: Benjamin T. Warner, Esquire Ten East High Street Carlisle, PA 17013 MARK J. UDREN & ASSOCIATES By: 1-1;-/A-? Mark J. Udren Attorney for Plaintiff LAW OFFICES AMM L UDREN & ASSOCIATES 1040 NORTH KINGS HIGHWAY SUITE 500 CHERRY HILI:, NEW JERSEY 08034 609. 482. 6900 FAX; 609. 482. 1199 FREDDIE WAA` RENNSYLdANIA DESIC.NATFD_COUNSFL MARKA UDREN• STUARTRTNNEG•• GAYL SPIVAK ORLOFP1°O "PLEASE RESPOND TO NEW JERSEY OFFICE" ADUnTMALSOINNANDn «ADUMMONLYMPA «AwnMAUOINPA TINA MARIE RICH 0MOADAams AIDR August //O , 1999 Benjamin T. Warner, Esquire Ten East High Street Carlisle Re: Bankers Trust Company of California, N.A. VS. E. Jade Janesko, mortgagor, Michael J. Janesko CumberlandCounty C.C.P. No.99-3165 Civil Dear Mr. Warner: PENNSYLVANIA OFFICR 24 NORTH MERLON AVENUE SUITE 210 ERYN MAWR, PA 19010 215.56&9500 215.568-1147 FAX Please find enclosed a true and correct copy of the Plaintiffs Reply to New Matter and Certificate of Service with regard to the above captioned matter, the originals of which have been sent for filing with the Court. Please refer to the Cumberland County Local Rules of Court which set forth your rights and responsibilities herein. This is an attempt to collect a debt, and any information will be used for that purpose. Sincerely, MARK J. UDREN & ASSOCIATES By: Mark dre , quire Attorney for Plaintiff/Movant /Ijr Enclosures >- a? rr _i. ( cv ?) u? _.- i CTI C' _) f' 1 C1 ?, 'J MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHNVAY, SUITE 500 CHERRY HILL, NJ 08034 609482-6900 Bankers Trust Company of California, N.A. ' COURT OF COMMON PLEAS 222 West Las Collinas Blvd. Suite 600 : CIVIL DIVISION Irving, Texas 75039 : Cumberland County Plaintiff V. : NO. 99-3165 Civil E. Jade Janesko, mortgagor Michael J. Janesko 3966 Enola Road Newville, PA 17241 Defendant(s) P1iAECIPETO ATTACH_AFFIDAVITAND VERIFICATIONAS-EXHIBITS-TO PLAINTIFF?SMOT10N_FOR_ SUAEU"Y-JUDGMENT TO THE PROTHONOTARY: Kindly attach the enclosed Affidavit and Verification as Exhibits to Plaintiffs Motion for Summary Judgment which was filed on.? c?45? Im. MARK J. UDREN & ASSOCIATES BY: cit Q Mar 3. Udren ESQUIRE ATTORNEY FOR PLAINTIFF MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. ICINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 .. , ATTORNEY FbR PLAINTM 609482-6900 Bankers Trust Company of California, N.A. ' COURT OF COMMON PLEAS TRUSTEE FOR UCFC ROME EQUITY LOAN OWNEkCIVIL DIVISION TRUST 199h&Jiff : Cumberland County V. E. Jade Janesko, mortgagor Michael J. Janesko Defendant(s) STATE OF J-EXA 5 COUNTY OF Dft LL H S I, WANDA COLLIER says: NO. 99-3165 Civil Ss being duly sworn according to law, deposes and 1. That he/she is thc' ASST. VICE PRESIDENT for EMC Mortgage Corporation, the Plaintiff or the servicing agent for Plaintiff in the within matter. 2. That in said capacity he/she is familiar with the account that forms the basis of the instant foreclosure action and is otherwise authorized to take this Affidavit. 3. That all notices, if requked to be sent to Defendants(s) pursuant to Act 6 of 1974 and Act 91 of 1983, have been sent pursuant to the requirements of those Acts on the dates appearing thereon, copies of said notices being attached to the Complaint as Exhibits, if applicable. 4. The amounts due on the Mortgage were correctly stated as of the date appearing in the Complaint in Paragraph 6 thereof and have accumulated since the filing of the Complaint, as follows.. Principal of debt due and unpaid Interest at 11.9996 from 12/1/98 to 8/14/99 (the per diem interest accruing on this debt is $27.62 and that sum should be added each day after 8/14/99) Title Report Court Costs (anticipated, excluding Sheriffs Sale costs) Escrow Overdraft (The monthly escrow on this account is $112.73 and that sum should be added on the first of each moth after 8/14199) Late Charges (monthly late charge of $48,86 should be added on the fifteenth of each month after 8/14/99) Attorneys Fees (anticipated and actual to 5 % of principal) TOTAL 1,014.60 189.80 $97,112.41 A true and correct copy of the payment history, attested to hereia, is attached hereto as Exhibit "A` $84,075.88 • 7,098.34 250.00 EMC Mortgage Corporation Name: WANDA COLLIER Title: ASST. VICE PRESIDENT Sworn to and subscribed befo me thivbday Of AL)c Js'f 1$?9 !NN YE WEST YdoUry Pubik, ffirb of Tent Notary Rttilic My cmntulon fain, NOVEMBER 18, 2002. --- .---280.00 EMC MORTGAGE CORPORATION P.O. BOX 141358 IRVING, TX 75014-1358 REQ BY LMB CUSTOMER ACCOUNT ACTIVITY STATEMENT E JADE JANESKO MICHAEL J JANESKO 3966 ENOLA ROAD NEWVILLE PA 17241 DATE 08/19/99 PAGE 1 LOAN NUMBER: 1917327 ++r?t**,t**,t•r**,t**•x***?**?**,a?*****??+**,t*t*,r***,t?****,a***,t,t*,t?a***:?•*e**?,t**,r**,t,t -------------------------- CURRENT ACCOUNT INFORMATION ------------------------ DATE TOTAL PRINCIPAL LOAN CURRENT PAYMENT PAYMENT & INTEREST INTEREST PRINCIPAL ESCROW DUE AMOUNT PAYMENT RATE BALANCE BALANCE 01-01-99 977.15 864.42 11.99000 84,075.88 563.68 t*,t*?**rt***,t*,t,r*,t*,tt,t•r,t****?*,t,t**?****t,rir*,t*,r*,t?a+*,t,a *+t •r**?*,tt*?****,t********a• ACTIVITY FOR PERIOD 01/01/98 - 08/18/99 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION ------------------------------------------------------------------------------- TRANSACTION PRIN. PAID/ ESCROW PAID/ ------------OTHER------------- AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION 08-11-99 01-99 0.00 07-12-99 01-99 0.00 06-25-99 00-00 18.50- 06-23-99 00-00 2,000.00 06-23-99 00-00 8.50- 06-17-99 00-00 10.00 06-17-99 00-00 8.50 06-14-99 01-99 0.00 06-10-99 00-00 8.50 05-11-99 01-99 0.00 04-16-99 01-99 0.00 02-19-99 01-99 563.68 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 745 CORP. ADVANCE ADJUSTMENT 0.00 0.00 0.00 632 STATUTORY EXPENSES 0.00 0.00 0.00 745 CORP. ADVANCE ADJUSTMENT 0.00 0.00 0.00 633 MISC. F/C AND B/R EXPENSES 0.00 0.00 0.00 633 MISC. F/C AND B/R EXPENSES 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 633 MISC. F/C AND B/R EXPENSES 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 170 INITIAL LOAN DEPOSIT 0.00 0.00 563.68 563.6 48.86-1 LATE CHARGE 48.86-1 LATE CHARGE 48.86-1 LATE CHARGE 48.86-1 LATE CHARGE 43.22-1 LATE CHARGE NEW PRINCIPAL/ESCROW BALANCES x,11116.'1 ? • a EMC MORTGAGE CORPORATION P.O. BOX 141358 IRVING, TX 75014-1358 REQ BY LMB E JADE JANESKO LOAN NUMBER: 1917327 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 08/19/99 PAGE 2 ACTIVITY FOR PERIOD 01101198 - 08118199 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION ------------------------------------------------------------------------------- TRANSACTION PRIN. PAID/ ESCROW PAID/ ------------OTHER------------ AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION ------------------------------------------------------------------------------- 02-06-99 01-99 142 LOAN SETUP 0.00 84,075.88- 0.00 0.00 84,075.88 NEW PRINCIPAL/ESCROW BALANCES EMC LOAN NUMBER: 1917327 OWNER: 797 BRANCH NO: 344 PART NO: 1 LOAN NO:,' 034401068996 DEALER NO: 000 ORG OFFICE: 34 LOAN OFFCR NAME: JANESKO, E. JADE DOB: 00100100 ES/EIN CODE: 00 COMMIT NO: 00 ADDR: 3966 ENOLA RDA TYPE S. INT: Fixed BUS PHONE: 717.246.0044 SSNIEIN NUM: 0001804462 CITY: CROWLEY ST: LA ZI P: 0706260000 HOME PHONE: 717.776.706 0 NOTE DATA CODES FINANCE CHG3 PREPAID ITEMS PAYMENT DATA NOTE DATE 10126198 CLASS 67 UNEARN DISC .00 CR LIFE .00 P/I PMT 884A2 SST DUE DATE 12101198 COLLATERAL 601 LOAN FEES 296.00 VEH INS 76.00 ESCROW 112.73 ACCT DATE 10130198 HOMEOWNER 0 ACO FEE .00 A/H INS .00 TOTAL PMT 877.16 DIR/NDIR 0 BROKER FEE 8,188.73 MTG LIFE .00 CUSTMR PMT 60.76 CONTRACT RATE 11.990 SOURCE/ACQ 100 LOAN PORCH .00 HAZ INS .00 IRR LST PMT 860.0 NOTE APR 13AB1 CREDIT 0 TAX SER FEE 96.00 FIRE INS 244,02 LAST DUE 11101102. REPAYMENT 0 PREPD INT 166.43 STATE .00 MATUR/TERM 360 SIMPLE INT 0.000 RECOURSE 2 COUNTY TAX 133.11 PMTS MADE 1 INT FACTOR .009992 BILLING 30 CIY TAX .00 REMAINING PMTS 769 ECOA 2 MISC 229.08 INT FRED 00 PLAN 0 NEXTDUE 01101109 PRIN FREQ 00 PREPAY PEN 1 rsvvmmvvvr COLLECTED ITEMS mrormmvmvrm STATE 37 UNEARNED DI SC .00 CR LIFE .00 STATUS INACTIVE MATUR DATE 11101128 COUNTY 00 HAND FEE .00 VEH INS .00 NOTETYPE 04 ACQ FEE .00 A/H INS .00 RNAAMT .00 NOT. 0 BROKER FEE .00 MTG INS .00 SHOR AMT .00 RATE CHART LOAN PURCH .00 HAZ INS .00 YTD INT 840.06- MONTHS EXTEND 0 MORT/OCCUP 12 RES BAD DEBT .00 FIRE INS .00 MAIL CODE 08 PREPO INT .00 STATE TAX .00 DEF CODE 00 ORIG TO 73.130 SALOONICALL COUNTY TAX .00 DEF AMT .00 GRS MTHLY INC 6,224,89 DATE 00100/00 CITY TAX .00 1ST MRT SAL .00 mmvrvvvmvwvrs NOTES RECEIVABLErvmurrrravvrmrmmvvm PARTPCT 99.97 GRS MTHLY DEBT 189.00 CURRENT N/R SAL 84,076.88 COLLATERAL VAL 116,000.00 PART YLD .600 SUYOOWN FUNDS SAL .00 REFIN AMT .00 CURRENT ESCROW SAL 663.68 CASH OUTLAY 74,811.89 NON•ESCROWEDITEMS .00 CONTIGENTRES .00 LAST MNTDATE 2/23198 REMAIN UNEARN DISC .00 TOT PREPAIDS 634.96 CHARGE OFF AMT .00 TOTAMTFINANCED 76.346.34 BULDING ESCROW .00 FINANCE CHARGES 8,763.16 UNPAID LATE CHGS 68.44 NOTEAMT 84,100.00 LOAN TRANSCRIPT: TRANS 12/11198 12/17118 DUE PAID 12101188 TOTAL AMT 977.16 PRIN 24.12 INT 840.30 Escrow 112.73 1=1119 01101199 977.16 24.38 840.06 112.73 0122189 .0122199. 01/01199 977.16- 24.36- 840.06- 112.73- 0122116 "CHARGES" 667RANSACTION66 ReYd BUYDWN LOAN Collcfd Assessd CO Not App FUNDS BALANCE DESC CODE ,13.22 6 LATE CHAR 64076.88 P01 84061.62 POI .10.00 4 NSF CHAR 1 84076.89 NSF CHECK C01 A3.22 6 LATE CRAB The undersigned, the Plaintiff in the Mdtion For Summary Judgment, or 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 Motion For Summary Judgment are taken from 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. Saction 4904 relating to unswom falsification to authorities. EMC Mortgage, Corporation AS SUBSTITUTE SERVICER FOR BANKERS TRUST COMPANY OF CALIFORNIA, N.A., TRUSTEE FOR UCFC HOME EQUITY LOAN OWNER TRUST J'998-MS2 y: Name: WANDA COLLIER Title: ASST. VICE PRESIDENT Dated: ?? 9 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 ATTORNEY FOR PLAINTIFF Bankers Trust Company of California, N.A. ' COURT OF COMMON PLEAS 222 West Las Collins Blvd. Suite 600 CIVIL DIVISION Irving, Texas 75039 ; Cumberland County Plaintiff V. E. Jade Janesko, mortgagor Michael J. Janesko 3966 Enola Road Newville, PA 17241 Defendant(s) NO. 99-3165 Civil CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire hereby certify that I have served true and correct copies of the Praecipe to Attach Affidavit and Verification as Exhibit to Motion for Summary Judgment upon the following person(s) named herein at their last known address or their attorney of record by: xxxxx Regular First Class Mail Certified Mail Other Date Served: TO: Benjamin T. Warner, Esquire Ten East High Street Carlisle, PA 17013 MARK J. UDREN & ASSOCIATES BY:_ I Mark I Udren, Esquire Attorney for Plaintiff LAW OFFICES MARK J. UDREN & ASSOCIATES 1040 NORTH KINGS HIGHWAY SUITE 500 CHERRY 11111, NEW JERSEY 08034 609. 482. 000 PAX: 609. 482. JJ99 MARRJ. VDREN• STUART WINNEG•* GAYL SPIVAR ORLOFF* •ADM1TfRD ALSO NLJ!11 rA AND PL BD PA ... ADM ALWn ITISD ALSO SO IN AA TINA MARIE RICH OFFICR ADMINISIRA'MR F.RED&E_MA., PENNSYLVANIA- ' DESIGNATED Ct7UNSEL "PLEASE RESPOND TO NEW JERSEY OFFICE" LG P .'NNSYLVANIA OFFICE N NORTH MERIONAVENVE SUITE 240 BRYN MAWR. PA 19010 215.568-9500 215-S68.1141 FAR f/d'/Y? Benjamin T. Warner, Esquire Ten East High Street Carlisle, PA 17013 Re: Bankers Trust Company of California,?N.A. Vs. E. Jade Janesko, mortgagor Michael J. Janesko Cumberland County C.C.P. No. 99-3165 Civil Dear Mr. Warner: ; Please find enclosed a true and correct cop of Plaintiffs Praecipe to Attach Affidavit and Verification as Exhibit to Motion for Su ry Judgment in the above-captioned matter, the original of which has been sent for filing witli the Court. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Sincerely, MARK J. UDREN & ASSOCIATES Mark J. Udren, Esquire Attorney for Plaintiff /Ijr `r C) ?y CS- j tt' =) ?? ? ?i`' Cy ???-? . [?? ??J 4 ' ? G. :' i; U :. . ? ? ' L?: '.. ['L ('_ . N ^ 4i m ; v PYS510 Cumberland County Prothonotary's Office Page 1 Civil Case Inquiry 1999-03165 BANKERS TRUST CO OF CALIFORNIA (vs) JANESKO E JADE ET AL Reference No.. Filed....... 5/26/1999 Case Ty e.....: COMPLAINT - MORT FORE Time.........: 3:08 Judgment. .. : .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info BANKERS TRUST COMPANY OF PLAINTIFF UDREN MARK J CALIFORNIA NA 222 WEST LAS COLLINAS BLVD SUITE 600 IRVING TX 75039 JANESKO E JADE DEFENDANT WARNER BENJAMIN T 3966 ENOLA ROAD NEWVILLE PA 17241 JANESKO MICHAEL J DEFENDANT WARNER BENJAMIN T 3966 ENOLA ROAD NEWVILLE PA 17241 ******************************************************************************** * Date Entries V15/25/1999 COMPLAINT - MORTGAGE FORECLOSURE ENTRY - - - - - - - - - - - - - ------------------------------------------------------------------ ? 6/18/1999 SHERIFF'S RETURN FILED Litiqant.: E JADE JANESKO SERVED : 6/16/99 COMPL MORT FORECL Costs....: $32.20 Pd By: MARK UDREN 06/18/1999 ------------------------------------------------------------------- V 6/18/1999 SHERIFF'S RETURN FILED Litigant.: JANESKO MICHAEL J SERVED : 6/16/99 COMPL MORT FORECL Costs....: $14.00 Pd By: MARK UDREN 06/18/1999 ---------------------------------------------------------------- 7/29/1999 MORTGAGET -- -FORECLOSUREITH NEW MATTER TO PLAINTIFF'S COMPLAINT IN ------------------------------------------------------------------- / 8/11/1999 PRAFCIPE TO ATTACH VERIFICATIONS FOR THE ATTORNEY VERIFICATION THAT. WAS ORIGINALLY FILED WITH DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT IN MORTGAGE FORECLOSURE BY BENJAMIN T WARNER. ESQ 8/27/1999 MOTION FOR SUMMARY JUDGMENT ------------------------------------------------------------------- v 8/30/1999 PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER --------------------------------------------------- --------------- 9/01/1.999 PLAINTIFF'S MOTION FOR AFFIDAVIT SUMMARY AND VERIFICATION AS EXHIBITS TO ------------------------------------------------------------------- 9/16/1999 PRAECIPE FOR LISTING CASE FOR ARGUMENT BY MARK J UDREN ESQ PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - * Escrow Information * Fees 6 Debits Beck Bal Pmts/Adf End Bal ******************************** ******** ****** ******************************* COMPLAINT 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 ------------------------ ------------ 45.50 45.50 .00 1 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 Bankers Trust Company of California, N.A. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County V. E. Jade Janesko, mortgagor Michael J. Janesko NO. 99-3165 Civil Defendant(s) ORDER AND NOW, to wit, this day of 19 , upon consideration of Plaintiff's Motion For Summary Judgment and supporting documents thereto, and upon consideration of the Reply, if any, filed by the Defendant hereto, the Court hereby determines that the Defendants have failed to make a legal defense to Plaintiffs claim and that Plaintiff is entitled to Summary Judgment as a matter of law and that the Court, therefore, ORDERS AND DECREES that Judgment, in rem, shall be entered in favor of the Plaintiff and against Defendants, E. Jade Janesko, Mortgagor and Michael J. Janesko in the amount of $97,112.41, (as calculated from the Complaint) together with ongoing per diem interest, late charges, escrow advances, and any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of the mortgaged property. It is further ORDERED AND DECREED that Defendants' New Matter is hereby denied and dismissed, with Prejudice. BY THE COURT: J. MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 ATTORNEY FOR PLAINTIFF Bankers Trust Company of California, N.A. ' COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff ; Cumberland County V. E. Jade Janesko, mortgagor Michael J. Janesko NO. 99-3165 Civil Defendant(s) MOTION-FOR-SUMMARY-JUDGMENT Plaintiff, Bankers Trust Company of California, N.A. , by its Attorney, Mark J. Udren, Esquire, respectfully requests your Honorable Court enter an Order granting Summary Judgment in the above captioned matter for the following reasons: 1. There are no genuine issues as to any material fact, and therefore, the Plaintiff (moving party) is entitled to Judgment as a matter of law. 2. Defendants, E. Jade Janesko, Mortgagor and Michael J. Janesko have filed an Answer and New Matter to the Complaint in which the Defendants have effectively admitted all of the allegations in the Complaint. 3. At the time of this pleading, Defendant, Michael J. Janesko has owned the premises being foreclosed without making a mortgage payment in an excessive period of time. 4. Defendants admit outright, and/or in part, paragraphs 1, 2 and 3 of the Complaint. 5. In the Answer to Paragraphs 2 and 3 of the Complaint, Defendants admit in part, and/or outright that Defendant, Michael J. Janesko, is the real owner and Defendants are mortgagors of the within mortgaged property 6. Although Defendants purport to deny and/or fails to deny, in whole or in part, specifically or by necessary implication the averments contained in Paragraphs 1, 4, 5, 6, 7 and 8. of the Complaint, in reality, said denials are improper and should be deemed as admissions for the reasons set forth in the attached Memorandum of Law. 7. The Pennsylvania pre-foreclosure Act 6 Notice is not required as the Defendants' original principal balance on the Mortgage is greater than $50,000.00. 41 P.S. Section 101 et seq. See, Exhibit "A" attached hereto. 8. Plaintiff has complied in all respects with the Pennsylvania pre-foreclosure Notice requirements of Act 6 (41 P.S. Section 101, et seq.) and Act 91 (35 P.S. Section 1680.401c, et seq.). 9. Defendants' New Matter does not offer any genuine issue to any material fact, is irrelevant and immaterial, and also contains mere conclusions of law, not factual disputes. 10. Plaintiff has an express contractual right pursuant to the terms of the Mortgage to charge the Defendants attorney fees as a consequence of the initiation of the within action in Mortgage Foreclosure. 11. In addition to the amounts due and owing as set forth in the Complaint, additional sums have accumulated since the tiling of the Complaint, pursuant to the terms of the Mortgage, which sums can be calculated from the face of the Complaint, as follows: Principal of debt due and unpaid $84,075.88 Interest at 11.99 % from 12/1/98 to 8/14/99 (the per diem interest accruing on this debt is $27.62 and that sum should be added each day after 8/14/99) 7,098.34 Title Report 250.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280,00 Escrow Overdraft (The monthly escrow on this account is $112.73 and that sum should be added on the first of each month after 8/14/99) 1,014.60 Late Charges (monthly late charge of $48.86 should be added on the fifteenth of each month after 8/14/99) 189.80 Attorneys Fees (anticipated and actual to 5% of principal) TOTAL .4,203..79 $97,112.41 VVMREFORE, Plaintiff respectfully requests that the Honorable Court grant its Motion For Summary Judgment, and that Judgment be entered, in rem, as prayed for in the Complaint in favor of the Plaintiff and against the Defendants, E. Jade Janesko, Mortgagor and Michael J. Janesko, in the amount of $97,112.41, together with ongoing per diem interest, late charges, escrow advances, any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of the mortgaged property. Respectfully submitted, MARK J. UDREN & ASSOCIATES BY:_ Mark J. Udren, Esquire Attorney for Plaintiff is, CC .. ,., ` . cn m , U MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-ASM900 Bankers Trust Company of California, N.A. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County V. E. Jade Janesko, mortgagor Michael J. Janesko NO. 99-3165 Civil Defendant(s) PLAINTIFF'S BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 1. STATEMENT OF FACTS Plaintiff filed the instant action in Mortgage Foreclosure against the Defendants for their failure to make mortgage payments pursuant to a Mortgage entered into between the parties. A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A II. STATEMENT-01=_QUESTION IN_Y_OL-VED Where there are no genuine issues as to any material fact, should Summary Judgment In Mortgage Foreclosure, as a matter of law, be granted in Plaintiff s favor where the Defendantss herein are in default of their Mortgage for failure to make payments for an excessive period of time? III. ARGUMENT Pursuant to Pa.R.C.P. 1035. 1, et seq., "Motion for Summary Judgment", any party may move for Summary Judgment in whole or in part as a matter of law after the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, whenever there is no genuine issue of any material fact as to a necessary element of the cause of action .... Pa.R.C.P. 1035.2. The relevant pleadings herein are closed and, therefore, Plaintiff moves for Summary Judgment. Pa.R.C.P. 1035.3 provides further with regard to Summary Judgment: (a) The adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion... (d) Summary judgment may be entered against a party who does not respond. In the "Note" to Pa.R.C.P. "Rule 1035.2 Motion", it is stated that Partial summary judgment, interlocutory in character, may be rendered on one or more issues of liability, defense or damages. Defendants have essentially admitted the material facts set forth in Plaintiff's Complaint, which include, interalia, the existence of the loan evidenced by the Note and Mortgage executed by the Defendants; that after demand, Defendants failed, and continue to fail to comply with the terms of the Mortgage, including payment thereof, for an excessive period of time; and that Defendants are in default of the Mortgage. The Defendants have not made a payment on the Mortgage as of January 1, 1999, a period of eight (8) months to the time of filing of this Motion, essentially living in the mortgaged premises for free. As a result of Defendants' nonperformance, the present action was filed, and, as of this date, Defendants have failed to bring the account current. RULE 1029. DENIALS. EFFECT OF FAILURE TO DENY. (a) A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof to which it is responsive. A party denying only a part of an averment shall specify so much of it as is admitted and shall deny the remainder. Admissions and denials in the responsive pleading shall refer specifically to the paragraph in which the averment admitted or denied is set forth. (b) Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by sub-division (c)... of this rule, shall have the effect of an admission. (c) A statement by a party that after reasonable investigation the party is without knowledge or information sufficient to form a belief as to the truth of an averment shall have the effect of a denial. Note: Reliance on sub-division (c) does not excuse a failure to admit or deny a factual allegation when it is clear that the pleader must know whether a particular allegation is true or false. See Cercone vs. Cercone, 254 Pa.Super 381, 386 A.2d 1 (1978). It is clear that the Answer to the Complaint is a misuse of the provisions of Pa.R.C.P. 1029. Misuse of Rule 1029 is an admission, and such an admission will support Summary Judgment. Pursuant to Pa.R.C.P. 1029(b), by failing to deny specifically or by necessary implication paragraphs 1, 4, 5, 6, 7 and 8 of the Complaint, Defendants have admitted these averments. First-Wisconsins'ntst_Covs._Strausser, 439 Pa.S. 192, 653 A.2d 688 (1995); NewYork_Guardim-Mortgage_Ciop vs.-Dietzel, 362 Pa.S. 426, 524 A.2d 951 (1987). Defendants' Answer admits paragraphs 1, 2 and 3 outright and/or in part, thereby admitting that Defendant, Michael J. Janesko, is the real owner and Defendants are mortgagors of the within mortgaged property. Defendants purport to deny, in whole or in part, the averments contained in paragraph 1 as merely statements regarding Defendants' "lack of knowledge". It s well settled that an Answer is unacceptable and an admission where it is clear that Defendants have adequate knowledge or that the means of obtaining information are within the control of s. Elias Qlszewski, 368 Pa. 578, 84 A.2d 188 (1951); First-Wisconsinl'mst_.Co. vs..-Strausser, 439 Pa.S. 192, 653 A.2d 688 (1995); Cercone_v Cercone, 254 Pa.Super. 381, 386 A.2d 1 (1978); Goodrich-Am ran 2d Section 1029(c)(1) P. 280. Defendants' allege in paragraphs 4,5 and 6 of their answer that they made payments through June, 1999. As stated in Plaintiffs Reply to De dints' N c-,;., Matter, a true and correct copy of which is attached hereto as Exhibit "B", Defendants have not made a payment since December, 1998. In fact, Defendants have only made one payment since the inception of the loan. Furthermore, the sums due Plaintiff are easily calculable under the terms of the Mortgage, and Defendants have totally failed to tender a payoff or a reinstatement of the sums due to date. See, Plaintiffs Affidavit attached hereto. Since Defendants have the knowledge of, and the means necessary for obtaining the denied information, including the total sums due, the denials are, in fact, admissions. Elia.v._Olszewski, 368 Pa. 578, 84 A.2d 188 (1951); First Wisconsin.Trust-Co..vs._Strausser, 439 Pa.S. 192, 653 A.2d 688 (1995); Cercone v._Cercone, 254 Pa.Super. 381, 386 A.2d 1 (1978). Defendants' denial in paragraphs 7 and 8 are mere assertions of a "conclusion of law", which provides no defense thereto as the denial is to an averment that offers factual situations of which the Defendants have knowledge, and therefore are admissions. First Wisconsin Trust Co. vs._Strausser, 439 Pa.S. 192, 653 A.2d 688 (1995). Defendants' denial of paragraph 7 of the Complaint about the reasonableness of attorney fees does not constitute a defense. Plaintiff has an express contractual right pursuant to the terms of the Mortgage to charge the Defendants attorney fees as a consequence of the initiation of the within Action in Mortgage Foreclosure. The Pennsylvania Courts have long and repeatedly concluded that as much as 5 % of the principal balance due in the calculation of attorney fees is reasonable and enforceable. Robinson_Y-Loomis, 51 Pa. 73 (1865); First FederaLSavings..and_LoanAssociation_v._Street_Road_Shopping_Center, 68 D. & C. 2d 751, 755 (1974). Under the circumstances, the attorney fee recited herein is reasonable. The Pennsylvania pre-foreclosure Act 6 Notice is not required in the present matter. The Act 6 Notice of Intention to Foreclose (41 P.S. Section 101, et seq.) is only required when the original bona fide principal amount of the Mortgage is Fifty Thousand ($50,000.00) Dollars or less. The original bona fide principal amount of the subject mortgage is in excess of $50,000.00. See, Exhibit "A" attached hereto (Mortgage). Plaintiff has complied in all respects with the Pennsylvania pre-foreclosure Notice requirements of Act 6 (41 P.S. Section 101, et seq.) and Act 91 (35 P.S. Section 1680.401c, et seq.) In this respect then, it should be noted that Defendants' Answer effectively admits every allegation of the Complaint. DEFENDANTS' NEW MATTER All the averments in Defendants' New Matter are based upon Defendants' assertion of having made all the payments due on the mortgage. As evidenced by the loan payment history attached to Plaintiff's Reply to Defendants' New Matter, Defendants have not made a payment since December 17, 1999 making the mortgage due for 1/1/99. Defendants' New Matter does not offer any genuine issue to any material fact, and solely consists of mere conclusions of law and thus, does not set forth factual grounds precluding Defendants' obligation to pay the Mortgage. IV. CONCLUSION The allegations of the Complaint are, in fact, uncontroverted. As set forth above, Defendants' Answer and New Matter have been interposed for the purpose of delay only, and it does not substantiate any claim or defense to the propriety of the Mortgage foreclosure action per se. There are no genuine issues as to any material fact to be determined at trial, and therefore, for the reasons set forth hereinabove, the Plaintiff (moving party) is entitled to summary judgment as a matter of law. Respectfully submitted, MARK J. UDREN & ASSOCIATES Mark J. Udren, Esquire Attorney for Plaintiff Loci No: 031401056995 Data ID: 811 Borrower: E JADE JANESKO : , • • ,• Taw Pont Identification Number: • ' +'• ?? (' ?'l.lri. ill . rlL ,D DLR,I••I'_ '98 OCT 29 PI7 12 41 Return to: UNITED COMPANIES LENDING CORPORA770NO 750 E. PARK DRIVE HARRISBURG, PA 17111 lease sae,. race ILw rer waaap n,aal MORTGAGE THIS MORTGAGE ("Security Instrument") 6 given on the 761h day of October, 1998. The mortgagor is E JADE JANESKO AND MICHAEL. 1• JANPSKO , HER HUSBAND whose address it 3966 ENOLA ROAD, NEWVILLE, PENNSYLVANIA 177,41 ("Borrower'). This Security Instrument is given to UNITED COMPANIES LENDING CORPORA7ION6, A CORPORATION, which is organized and resting under the lam of the State of LOUISIANA, and whose address it 4041 ESSEN LANE, BATON ROUGE, LOUISIANA 7OW9 Iendef Borrower owe Lender the principal sum of 13GHIY•FOUR THOUSAND ONE HUNDRED and NO/108--Dalian (US, S 80,100.00). TNs debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on Nevembv 1, 7078. Thu S=tity Iratrumeot scares to Lender: (a) the repayment of the debt evidenced by the Now, with imcme and all rcnewah, extensions and modifications of the Note; (b) the payment of all other sums, with interne, advanced under paragraph 7 to protect the security of this S=11y Instrument; and (c) the periormanoe or Borrower's mvenanu and agreements under this Security Instrument and the Note, For this purpose, Borrower does hereby mortgage, gram and atrvey to lender the following described property bated In the City of NF.%NILLF, CUMBERLAND County, Pennsylvania: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF PENNSYLVANIA • tung4 famiy4900r11D rawo uuffraadiv sae UNronm ms7RumEm tb,w m 3?18 lay. r are Agwy 11111111 IN 77711 lip 111111111111111111111 IN III IN III III IN III Or tnswmsaaamtao c5,,d40_2rxEA20 EXHIBIT A Iran No: 03440105irW5 Data ID. Oil Borrower. E. JADE JANESRO 1.4 FAMILY RIDER Assignment of Rents THIS 1.4 FAMILY RIDER it mado this 261h day of October, 1998, and It incorporated into and shall be deemed To amend and supplental the Mortgage, Deed of Trust or Sceuriry Deed (the •Secunty Instrument') of the tome date ghee by the undenigncd (the 'Borrower') to scan Borrower's Note to UNITED COMPANIES LENDING CORPORA710NO (the lender') of the same date and covering the property described in the Security Instrument and located n: 3960 ENOLA ROAD NEWVILLE, PENNSYLVANIA 17141 IF "t, ere ) 14 FAMILY COVENANTS. In addition to the oorcmnu and egreemau made in the Security Inuumeay Burrower and Lcndcr further eoserunt and as= as folimva: A. ADDITIONAL PROPERTY SUBJECT TO TILE SECURITY INSTRUMENT. In addition to the Property doer "ed in the Security Inwmeny the followting items arc added to the Property duuipib4 and ibe Property mvcred by the Security Imtumtot: buBdio¢¢ m ichah, epplianom and goods. of nature whetsoeser pow or hutahu lotted try oA u wed, or inim, din be used in connection wilh shall also mndtuto o t, those Cor the purpose of supplying or du[nbuting heating, cooling, Progeny, 4xludin 'a not Umitcd their-p ty. gas, wud"g 'ad Jill r the ra pmemion aad rninguhhing apparatus, security and arecsr control apparalw, plumbing, bath ruby wmcr hutch, welu ctoseu, sinIa. ranges, stoves, refrigerators, duhwashen, dapnsoh, wuhcn, dryers, awning., storm wlnGws, storm doors, saecn, bBode, shade, eurtniw and curtain roar, wLLched mirran, abincu, penciling and attached Boor onserinp now or hercaBer atLChed to the Proppeery, a8 of which, Including rcpla¢menu end addition thereto, shall be darned to be and remain a pan of the Pro pury wvued by the Security InOUmrnL Ail of the foregoing together with the Property des 0 the Security Inewment (or the leanhoW estntc U [he Secudly Instrument is on a kasehold) are referred to in Lair Id Family Rider am the Security Instrument u One'prop".. B. USE OF PROPERTY; COMPLIANCE MTTH LAW. Borrower shall not sect, asst to or nuke a change in the uu of the Property or in coning cJwifiation, unless Lcndcr has agreed in writing to the change. Borrower shall comply with all laws, or inuari, regulation and roquhemenu of any governmental body applicable to the Propcny. C. SUBORDINATE LIENS. Except as pcma[ted by fedeni law. Borrower shell not allow any Ikn intcriw to the Security Inorum nit to be perfected against the Property without Lender's prior whim pumhsiun. D. RENT LAWS INSURANCE Borrower shag maintain Insurance against rent loss in addition to the other hFrards for which insurance is required by Uniform Covennt 5. sLLMATE 14 FAIRY t®CR • to aswyFrwaat me INPdaA Heriwwfr ram arm ate fa+1e c N a MW9 II llf?l I li IIII 11111111111111111110 IIII fill 11111111111 Ell 11111 IIII IIII Ell Ina ecbyi4°2rAC?1329 Loan No: 056.701004110 Data ID: 115 Borrower: VIOL TAKE Borrower's ADJUSTABLE RATE NOTE Inlw (LIBOR 6 Month Index-Rate Cape) 11118 NOTE CONTAINS PROVISIONS ALLOWING FOR CIANGIN IN My tNTERPST RATE AND MY MONTILLY PAYMPTT. 7105 NOTE LIMITS TIIE AMOUNT MY MEREST' RATE CAN CHANGE AT ANY ONE TIMit AND 719E MAXIMUM RATE I MUST PAY. m..,t August 12, 1998 LANSING MICHIOAN tchrl 1400 W MAPLE IWtq LANSING, MICIUOAN 4891S L HORROWT:R'S PROMISE TO PAY In return far a loan that 1 here mocked, f promise to pay U.S. S 95,703.00 (Hilt amount is alled'phadpal'), plus lateral, to the coda of the Lerida. The Lender 6 UNITED COMI'ANDS LENDING CORPORATIONY. 1 understsnd that the Lender my transfer this Note. The Lender or anyone who takes this Vote by unmfor and who is mantled to razhre payments under thin Note is called the 'Note Holds.' 2 LNCERhtiT Interest will be charged an unpaid pnndpal u:u0 the fug amount of principal has bun paid I will pay IntaRt at a yearly rate of LUA90 S. The Interest ism I will pay may dMV In aaotda= with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default daatkil in Section 7(R) of this Note. 1 PAYMIQM (A) Time and Place of Pymmts 1 will pay principal sod intermit by making payments ovary month I will make my monthly pa)mtenu on the fmt day of each month beginning on Odolem 1, 1998. I will make Ihae payments every month until I taw paid all of the principal and ln.crut and any other charges descrC W below that I may owm under this Note. My monthly payments will be applied to :men at before principal. If, an September L, 2028, l stilt owe Amounts under this Note. I will pay those amounts in fug on that dote, which is called the `Maturity Date.' 1 will make my monthly payments at P.O. Box 215, Memphis, Tennessee 58101-02IS, or at a different place if replhW by the Note Holds. (B) Amotat of My Initial MatWy I7tinments Each of my initial monthly payments will be in the amount of U.S. S 7790. This amount may c angn (C) Monthly Paymara Qtaoges Changes in my monthly payment will mposs dungy in the unpaid principal of my loan and in the interest rate that 1 must pay. The Note Huber wl0 determine my new intact rate and the changed amount of my monthly p syntow in aaaordanm with Section 4 of this NoW. A IXrLREST PATE AND MONITILY PAIT5E241' CIIANGFS (A) Change Dam Tbc interest rata 1 will pay may change on the first day of SlpemEa, 2001, and an that dry every sbnh month eheuner. Gch date on whirl. my m'Xmxt rate could eh t4c, u oGcd a *Change Date: wCHOM ADA TX • 11AM Nora a." exam- &a coo; lip NI 116111 lilt Ill oil IN HII 1111 All 11111 it lilt 1111111 09Omeaaladraa - sac lift Fkp I of 4 Flop" (R) Tla hide, Begionina with the first Change Dole, my interest =to will be bared on an lndes. The'Indc` is the average of the Interbank Meted rates for six month United Suter dollar deposits in the London interbank market hued on gwtatlom of major banks, a published in the SoutMtpt Edition of The Wall Sneer JmunoL The most rectal lndrx Sure available AS of the date 45 days before each Chang Date is idled The 'Current Index' If the Index it oo longer evadable, the Note Holler will chowc a now index that Is based upon comparable Wom otion. The Note Holder will give me notice of this chop. (C) Colculivilon or Changes Before each flung Date, the Note Holder will calculate my new Interest rate by adding POUR and ONE91Al.F percentage point(s) ( 43W %) to the Current Indm The Note Holds will then round the result of this addition b lire nearesl one-eighth of one parentage point (o.IZS%). Subject to the limits staled in Section 4(D) below, this rounded amount will be my new interest rate until the nest Change Dow. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am apected to owe at the Change Date in full on the Maturity Date at my new interest rate In substantially equal payments. The result of this calculation will be the now annual of my monthly paymm. (D) limits an Interest Rau QlYrgsa The interest rate I am required to pay at the fret Change Dole will not be greater than IL4900% or leas then 9A900%. Thauf1m, my inlaut rata will never be inmraacd or decreased on any single Change Date by more then ONE peraauge Plint(s) (IA0 %) from the rate of Interest I have been paying for the pre=Aing 6 months. My lowliest rate will rmtr be greater uao 16A9W % or ties than RA900 %. (E) EYfathe Data or Changes My new, interest rate will became eReaivm on each Chino Data. 1 will pay the amount of my new monthly payment bcgionhrg on the fill monthly payment date after the Change Date until the amount of my monthly psymcnl changes egahs (F) Notice of Change The Now Holder will deliver or mail to me a notice of any changes in my inurul rate and the amount of my month: payment berate the c&mivc date of any change. The notice will include Information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the rodm S, BORROWERS RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal mly Is known as •'pmpaymmt' When 1 make a propaymcnt, I will tell the Note Holder in writing that 1 am doing w. at its o rises ail aepay all or any pan of the unpaid balance of the principal at any time, in which event Note Holder may, (? monthpe ?) pamltted by law. sues, a prepayment penalty of 1.W%of the amount prepaid in the rust three years If the Note h nol in default, the Note Holda will we W of my pmpsymmu to mdum the arnoanl of principal that I awe under this Now. If 1 make a partial prepayment, there will be no changes in the due date of my monthly Payments unless the Now Holder agrees in writing w those changes. My partial prepayment may ratio= the amount of my momay, payments aMr the rust Chang Date following my PAwI prePrymcnt. However, any reduction due to my pornal prepayment may be offset by an interest rate i cresse. By aocePung partial Payment of ard, payment. Note Holder does not hive the right to collect the remainder of auclopsymut. &mpunce o any payment after maturity, or wainr of arty broth w dU'ault of the taw of this Notc %hall nal comthuto a wales of army later or other breach or default, and failure of Note Holder to exercise any or its rights shut not mmthutc warm of such rights: L IRAN CHARGES 1f a law, which applio m this loan and which sell nuaimum aan charges, it finally inmMitteo so that the Interest or other Ian changes collected or to be collated in mmtemion with this loan creed the pemmbted limits, then; (t) any such tun thistle shag be reduced by the amount neceaery to reduce the charge to the permlted limit; and (u) any sumo already Wheeled from on which - cot permitted limits wdi be refundc4 to an, Th: Note Hower may showc to make this refund by reduting the Principal 1 owe under tits Now or by making a dump payment to on. D a refund reduoos pruudpaL the reduction wig rte created as a partial prepayment. 7. BORROWER'S FAIWRE TO PAY AS REQUIRED (A) Lane Qurys fm Ovesdue ftyrocn4 If the Now Holed has not maeb+ed the full amount of any monthly payment by the end of ill calendar days afar the dale It is due, I will pay a late thug to the Note Holder. The amnuat of the charge will be SAO% of The payment. 1 wll Pay the laic charge promptly but only on= on etch law payment. (B) Ddeum If 1 do not pay the full amount of each monthly paymmul on the date it is due, 1 will be in derault. AQaWML k1E MOTE "M bahl sais Cepa tCaC lift Loan No: 036.1010U310 Borrower. VIOL TRICE Data ID: 155 (C) Amknuon If I am in default, the Note Holder may without notion or demand, unless otherwise required by applicable law, require me 10 pay Immediately the full amount of principal that has not been paid and ail interest awl I owe on tot amount (D) No NWaee By Nom !folder Even B, at a time when I am In default, the Note Holder does not require me to pay Immediately in full u dumibed above, the Nom Holder will still have the right to do an If I am In default at a later time. (E) Payment of Note HoldeA Cam and Mgensaa If the Note Huder her required me to pay immediately in fug as described above, the Note Holder will have the right to be paid back by me for all of its cost/ and espcrumi is enforcing this Note to the extent not prohibited by applicable law. Thom expenses include, for example, mesonable attorneys' fcca of 15.OD% or the sums due under that Note or the amount allowable under applicable stain law. r GMNG OF NOTICES Unless applicable kw roquirca a different method, any notion that must be given m me under to Note will be given by delivering it or by mailing it by first doss realm me at the property Address above, or at a different address if I On the Note Holder a written notice of my dlfercm address. Unless the Note Holder requires a different method any Nike that must be given to the Note Holder under this Note will be given by moiling it by first dear mail to the Note Holder at the address stated In Section 5(A) above or at a ddfinent addms if I am given a notice or that different address. 9. OBLIGATIONS OF PFR.SONS UNDIB THIS NOTD If more than one person signs this Note, each person is fully and personally obligated to keep all of The promises madc N this Note, including the promise re pay the fug amount owed. Any person who is a guarantor, surety or endorser of this Note % alto obligated to do them things. Any person who takes ovcr than obligation, including the obligations of a guarantor, surety or codunes of this Notc, is also obligated to keep all of the promises made in this Note The Note Holder may enforce its rights under this Note against conch recants individually or against all of us together. This reran that any one of us my be required in pay all of the amounts awed under this Note. 10, WAIVERS I and any other person who hat obligations under this Note waive the rights of notice of acceleration, presentment and notice of dahonur. Preeentment' means the right to require tha Note Holder to demmd payment of amounts due. 'Notion of dishonor' cream the right to require the Note Holder to give mike to other patens that amounts due have not been paid 11. UNIFORM SECURED NOTE This Note it a uniform instrument with limited variation in tome jurisdictions. In addition to the prolocton givers to the Note Holder under thus Note, a Mortgagq Decd of Thus or Security Deed (the 'Security Instrument), dated the same dam as this Note, promco the Note Holder from possible Imacs which might mull If 1 du not kcep the promhca that I make in this Nome That Security Instrument describes how and under what cenditions I my be required to make immediate payment in full of all amounts I owe under this Note Some of those conditions am described as follows: Tr aLkr or the I'roper4y er a Beneficial Intent In Boemone H all or any part cis the Property or any Interest in it is sold or namferted (or if a beneficial interest in Borrower is eold or transferred and Bmroxcr is not a =rural person) without Lcoder's prior wriest consent, Lender they, at its option, require tmmedsto paymam in full of all sums secured by to Security Instruments. Howevax, this option shall not be exereued by Lender if emnisse is prohibited by fcdeml law as of the date of this Security Instrument Lender abo shall not exercise this option it: (a) Borreaer catsta to be wbmhted to lender information requited by Letdm to evaluate the intended tnnferce u it anew loan wcre being made to the transfer; and (b) Lender marenahly determioca that LIcrum s; security will not he impaired by the loan assumption and that the risk of a breech of any covemnt or agrecerumt in this Security Instrument is ensp4bh: to Lender. Tb the extent pemnitmd by applicable kw, Lender my large a rcasomblc fee as a condition to Lender', content to the loan assumption. Lender may also requite the tnemferoc 10 sign an assumpr rs agrment that is acceptable to Lender and that obggales the tramficme to keep all the promses and agreementa made in the Note and in this Security Instrument. Borrower will continue to be obggalcd under the Note and this Security ImtrumeaT unius Lender tekams Borrower in writing. MAW=Z fume NOTE AHED sd.- Raw espy ` U= it" "'a ta4w]drAW ,,,I . _.l'6# Wmm 7HE HMD(f) mo Smt(0) or t Uxvwom. .....Y ..._..........._. ...... ........... ..__.__.__.(sui) VIOL TRICE-euraw«? . AMMAKF Inc MM 0AOM r Nr CWO UMC vim Fv.1s1Apy Loan No: 06301004510 Borrower; VIOL TRICE ADJUSTABLE RATE RIDER (LIBOR 6 Month Index-Rate cops) Data ID: 13S THIS ADJUSTABLE RATE RIDER it made this 124h day or Aural. 19911, and it ncorporated Into and shad he deemed iD amend and supplement the Moagsge, Deed of Trott or Security Dees (the 'Security Imuament') of the same date y)rcn by the undersigned (the'Borrowar) to secure Bo"oer's Ad)us able Rare Note (the 'Nnte'to UNITED COMPANIES LENDING CORPORATION' (the 'Lender') of the same date and cowrag the property described In the Security Instrument and located at: 1400 W MAPLE LANSING, MICHIGAN 481115 TIES NOTE CONTAINS PROVISIONS ALLOWING FOR CIMCBS IN THE INTEREST RATE AND TIIE MONCITLY PAYMENT, THE NOTE LIMITS TILE AMOUNT TIIE BORROWSR•S IN IRTST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE 771E BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the aoteNnts and agreements made In the Sccuril) Instrument, Borrower and Lender further tavervant and agree u rolIm: A. INTEREST RATE AND MONTHLY PAYMENT CMNCES The Note prmiAca for an initial interest rare of IDA90 S. The Note provides for changes in the imerai rate and the monthly psymems. as Fannon: 4. INTEREST RATE AND MONTILLY PAYMENT Cf1ANGES (A) Change Damn The interest rate I will pay may change on the first day of Sephm* 2001, and on that day every slash month thereafter. Each date on which my Interest rate could change Is caned a'Chemp Data' (B) TAM Inds Beginning with the Lott Change Date, my Inletcat ate win be based on an IMa. The 'Inds' is use average of the interbank offered rata for six month United Stoic dollar deposits in the London Interbank market bared on qucatlons of major banks, at published In the Southweu Edaion of "he Wep.tAwJcronaL The most recent Index figure avaituble m of the data 43 days before each Change Date is coned the'Curmu lndcc' It the Inds Is no longer avaWbl, the Note Holder will choose a new Inds that Is based upon comparable atformxtion. The Note Holder will give me notioe of this ehoioe. (C) Calculation of Chu" Before each Change Date, the Note Holder will calculate my new imcrat rate by adding FOUR and ONE/1IALir perccmage point(g) ( 4500 %) m the Curran Index. Tbc Note Holder wi I then roundthe rcaub of this addition to the nearest anecighth of one percentage point (0.125%). Subject to the camas sated in Section 4(D) below, this rounded amounl will be my Dan Interest me until the teen Change Date. The Note Holler will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that 1 am eapec ed to owe at the Change Dole in fun on the Mnturity Date at my new interest rate in substantially equal payments. The mull of ebb calculation will be the new amount of my monthly payment. ADAISTABLE R479 RIDER MINOR brdaw-pan Cps) 1iCLC mDER ends Ijj?IjjIIIIpl,HILL,CI1lfg11,11[,I111,?l????l??l????11?? rar..p.,, 4 ..:.115.'. .c.:._Sg8'J ,8aARi 7c.ee _... -._._ '.. ... _. (0) Limits m Interest Rate Chamga The lateral rate I em requir d to pay at the rant Change Date will not be grotcr than IIA900% or less then 9.4900%, Tlteraher, my interest rate will near be incromod or deceased on any mingle Change Date by more than ONE percentage point(,) (IM %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 16,490D %or less than RAW (E) Wallin Daft of Changes My new interest rate will became effective on each Change Data I will pay the amount of my new monthly payment beginning on the first monthly payment date aft" the change Date until the amount or my monthly payment changes again.. M Notice of Changes The Note Holder will deliver or mad to me a notice of am changes in any interest rate and the amount of my monthly payment Were the eReaive date of any change TM notice will include information required by hew m be ghen me and abo the tick and telephone num r of a fiction who will answer any quanion I easy haw regarding the natbc. B. TRANSFER OP THE PROPERTY OR A BCNEFICIAL INT'ERIX17 IN BORROWER Uniform, Cwenant 17 of the Security Imhument is amended to rod a follows; Transfer of the Prepmty ar a Monarchal Interest In Borrower. If all or any pan of the Property or any interest In it k acid or Inoferred (or if a beneficial hilmut in Borrower s sold or transferred and Borrower b not a natural person) without lendah prior written consent, lender may, at is option. require bru ed'ute payment in full of all sums secured by this gamily lnstrumcm. However, ibis option shag rot be exercised by Lida if eaaeise is prohibited by federal kw as of the dale of this Security Iotrumem. Lender also shag not eaettve this option If: (a) Borrower o0o to be submitted to Leader information required by Leader to enluate the intenOcd transferee as if a view lean wise bctrtg realer to the trladit . and (b) Lender rwooby detamiaa that LendeYS security Will rat be imparted by the We assumption wed that the risk of a breech of any coons or agreement in the Security instrument is acceptable to Leader. To the went permitted by applicable kw, I.ader may charge a ressorabk fee u a condition to Lender's mount to the loan assumption. Lender hey also require the transferee te sign an assumption apeement that is acceptable to Lender and that abbpta the transferee a keep all tla prumisa and agreements made in the Note and in Nil S= yInstrument. Borruwa will continue m be obligated under the Note and this Seemly instrument undas Lender reloaa Borrower. in writing. By Snownxo ftww, Borrower accepts and arm to the temp and covenants contained in the Adjustable Rate Rider. _Y.?.........-.-(Seal) VIOL TRICE -Eaerowrr Y A0.MaTA6l! PATE W" (116(111 adrr-A C-04 U= MINE" Iona prop. a d a Iapaa) MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTTY I.D. NO. 04302 1040 N. E INC-S HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 Bankers Trust Company of California, N.A. Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County E. We Janesko, mortgagor Michael J. Janesko NO.99-3165 Civil Defendant(s) pi AiNTiFF'S RFPi V TO D NDANTS' NEW MATTER 9. Denied. No Response is required to this averment. 10. Admitted in part and denied in part. Plaintiff admits that Defendants made a payment to United Companies Lending Corporation on December 17, 1998, in the amount of $977.15. Said payment was applied to the first monthly mortgage payment due on 12/1/98, making said mortgage loan due for 1/1/99. Plaintiff admits that Defendants again tendered a monthly mortgage payment to United Companies Lending Corporation on December 31, 1998 in the amount of $977.15. However, this payment was returned marked "Non Sufficient Funds" from Defendants' banking institution and reversed on United Companies Lending Corporation's payment history on January 22, 1999, making the subject mortgage loan remaining due for 1/1199. A true and correct copy of United Companies Lending Corporation's payment history is attached hereto and marked Exhibit "A". Plaintiff specifically denies that Defendants made monthly mortgage payments to United Companies Lending Corporation in November, 1998 and January, 1999. 11. Denied. Plaintiff denies that Defendants made monthly mortgage payments to EMC Mortgage Corporation in February, March, April, May and June of 1999. By way of further reply. Defendants never made a mortgage payment to EMC Mortgage Corporation since EMC Mortgage Corporation r-EMISIT red servicing of the subject mortgage loan in the B month of February, 1999. Therefore, said mortgage company has no payment history on the subject mortgage loan. 12. Denied. As stated in Plaintiffs Complaint and above responses and further evidenced by the exhibit attached hereto, Defendants are in default of the mortgage loan as of 1/1/99 and have failed to comply with the mortgage and note securing the premises located at 3960 Enola Road, Newville, PA 17241. WHEREFORE Plaintiff prays and respectfully requests that the Honorable Court deny and dismiss, with prejudice, Defendants' New Matter , and award judgment in Plaintiffs favor as prayed for in its Complaint. MARK J. UDREN & ASSOCIATES By. Mark J. Udren,, Esquire Attorney for Plaintiff EMC Mortgage 8/13/99 1:37: PAGE 002/2 RightFAX CM0 A NUMBQR: 1017047 OWNER: 717 BRANCH NO: 344 PART NO: 1 LOAN NO: 03441100 0"1 DEALER NO: 000 ORGOFFICE: 34 LOAN OFFCR NAME: JAA011KO,1. JON 000: 00100100 ESIFJN CODE 00 COMMIT N0: 00 ADOR: UNENCLAROA TYPE S. INT: Find BUS PHONE: 717.24&0044 SSNIEINNUM: 0001&1412 CITY: CROWLRY ST: LA LP: 0700200000 HOMEPHONE 717.711117000 NOTE DATA NOTE DATE 16un CWI!g CLASS 47 FINANCECHQe PREPAIDITEMS UNEARN DISC .00 OR UFE .00 PAYMEN PA PMT T DATA 004.42 ISTOUEDATE 12MIM COLLATERAL 001 LOAN FEES 29400 VEHINS 7&00 ESCROW 11173 ACCTQATE 1WS0111 HOMEOWNER 0 ACQ FEE .00 gtMINS .00 TOTAL PMT 077,14 DIRINDIR 0 BROKER FEE 161BL73 MTG LIFE .00 CUSTMR PMT 1470 CONTRACT RATE 11.M0 SOURCE/ACQ 100 LOAN PORCH .00 PAZ INS .00 IRR LST PMT 000.0 NOTEAPR 11411 CREDIT 0 TAXSERFEE 1400 FIRE INS SK02 LAST DUE 11!0002 REPAYMENT 0 PREPOINT 10461 STATE .00 MATURI ERM 300 SIMPLE INT L040 RECOURSE 2 / COUNTYTAX 133.11 PMTS MADE 1 IN I I-AC ION .608m HILL1NG 30 I MY IAX .00 KIe11tAININU K'M IS 3611 / EDDA 2 MISC =02 INT FRED 00 PLAN 0 NEXTOUE "MI00 PRIN FRED 00 PREPAY PEN 1 w?MS?a COUACTLDITIMI - STATE 37 UNEARNED DISC -40 OR UFE .00 STATUS INACM MATUR DATG 11101120 COUNTY 00 HAND FM 00 VCH INO .00 NOTE TYPE 0 ACQ FEE .00 AM INS .00 RNA AMT .00 NOT. 0 BROKER PEP .00 MTG IN3 .00 3HORAMT .00 RATE CHART LOAN PORCH ' .00 HAZ INS .00 YTO INT 1400& MONTHS EXTEND 0 MORT/OCCUP 12 RES BAD DEBT ' .00 FIRE INS .00 MAILCOOE Be PREPOINT .00 STATE TAX .00 DEFCOOE 00 ORIGTO 73150 BALOONICALL COUNTYTAX .00 DEFAMT .00 GRSMTHLYINC 1,224.11 DATE 00100100 CITY TAX .00 1STMRTBAL .00 ?-m N OT82RMCLIVABLL? m PARTPCT 0&01 ORSMTHLYDEGT 194.00 CURRENTNIRBAL 81,07Ln COLLATERALVAL 1116000.00 PARTYL13 .400 BUYDV.VN FUNDS DAL .00 REFIN AMT .00 CURRENT ESCROW DAL BUBB CASH OUTLAY 74,111.p NOWESCROWEDITEMS .00 CONTIGENTRES .00 LAST MNTDATE 2*= REMAIN UNEARN 0180 .00 TOT PREPAIDS 44." CHARGEOFFAMT .00 TOTAMTFINANCED 7&34&0 BUILDING ESCROW .00 FINANCECHARGES 1,76111 - UNPAID LATCCH02 OL44 NOTRAAIT 04,160.00 ' LOAN TRAN> M.. "CHARGES" "TWSACTION" TRANS DUE PAID 1211701 TOTAL AMT PRIN INT Ewmv 12171H 12011" 07!.10 24.12 U4.30 11273 mim otvm 077.11 x31 0400 "7.73 01122" 01122" 111011" 177.19. ZL31- 040& 112."- 11122" Rdvd BUYOWN LOAN Cdki'd Amod CO Not App FUNDS BALANCE DESC CODE 4.22 / LATE CHAR 007&11 P01 0011.1 PM 10.00 4 No CHAR 1 007&11 NSP CHOCK 001 4122 1 LATE CHAR EMBIT A MARK J. UDREN & ASSOCIATES BY: 04302, Esqulre ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 ATTORNEY FOR PLAINTIFF Bankers Trust Company of California, N.A. ' COURT OF COMMON PLEAS = CIVIL DIVISION Plaintiff : CumbbrlandCounty V. E. Jade Janesko, mortgagor Michael J. Janesko Defendant(s) t i NO.99-3165 Civil I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Plaintiff's Reply to New Matter upon the following person(s) named herein at their last known address or their attorney of record. _xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: C' // G /9? TO: Benjamin T. Warner, Esquire Ten East High Street Carlisle, PA 17013 MARK J. UDREN & ASSOCIATES By: Mark J. Udren Attorney for Plaintiff MARK J. UDREN* STUART MNNEGro GAPL SPIVAK ORLOFF " ADAUrMALSOMPAANDPL ?ADlOT7dD ON oPA ?AOl1lR8D ALSO IN M MU MARIE RICA OMMADAMMMA LAW OFFICES MARK 4 UDREN & ASSOCIATES 1040 NORTH RINGS HIGHWAY SUITE S00 CHERRYMU, NEW JERSEY 08034 609. 482. 6900 M. 609. 482.1199 "PLEASE RESPOND TO NEit' JERSEY OFFICE" PFNN4YIDANPA nFl`l. M 24NORT AGWONAYMUE sunF 240 BRYNMAWR, FA 19010 213~%8.9500 21556&1141 FAX August //v , 1999 . Benjamin T. Warner, Esquire .~ Ten East High Street Carlisle Re: Bankers Trust Company of California, N.A. VS. E. Jade Janesko, mortgagor, Michael J. Janesko CumberlandCounty C.C.P. No.99-3165 Civil Dear Mr. Warner: Please find enclosed a true and correct copy of the Plaintiffs Reply to New Matter and Certificate of Service with regard to the above captioned matter, the originals of which have been sent for filing with the Court. Please refer to the Cumberland County Local Rules of Court which set forth your rights and responsibilities herein. This is an attempt to collect a debt, and any information will be used for that purpose. Sincerely, MARK J. UDREN dL ASSOCIATES By: AIA Mark dr ' quire Attorney for Plaintiff/Movant /ljr Enclosures V E_R.I_E I_C_A_'RI.O_N 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 regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading 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 Plaintiffs agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. x1A Mark -r Udren, Esquire MARK J. UDREN & ASSOCIATES MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 Bankers Trust Company of California, N.A. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION. Cumberland County V. E. Jade Janesko, mortgagor Michael J. Janesko Defendant(s) NO. 99-3165 Civil CERTIFICATE-OF-SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Plaintiffs Motion for Summary Judgment and Brief in Support upon the following person(s) named herein at their last known address or their attorney of record. _xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: $ I8? TO: Benjamin T. Warner, Esquire Ten East High Street Carlisle, PA 17013 MARK I. UDREN & ASSOCIATES BY:----- - 14- Mark J. Udren, Esquire Attorney for Plaintiff LAW OFFICES MARK J. UDREN & ASSOCIATES 1040 NORTH KINGS HIGHWAY SUITE 500 CHERRY HILL, NEW JERSEY 08034 609. 482. 6900 FAX. 609. 481. 1199 F? PENNSYLVANIA INS I MARRL UDREN• STVART V aNNEG•• GAYL SPIVAK ORLOFF** PLEASE RESPOND TO NEW JERSEY OFFICE" :IOAW DALSOINPAANDFL ADMR7SO OWN PA '"?ADMD78D ALSOPN PA TINA MARIE RICH OFFICBADMWISMMR August / T , 1999 Benjamin T. Warner, Esquire Ten East High Street Carlisle, PA 17013 EMYSYJ VANL4 OFFII`F 24 NORTH AWRIONAVENUE SUITE 240 BRYN MAWR, PA 19010 215.568-95010 2I3-568-1141 FAX Re: Bankers Trust Company of California, N.A. vs. E. Jade Janesko, mortgagor Michael J. Janesko Cumberland County C.C.P No. 99-3165 Civil Dear Mr. Warner: Please find enclosed a true and correct copy of the Plaintiffs Motion for Summary Judgment, Brief In Support and Certificate of Service with regard to the above captioned matter, the originals of which have been filed with the Court. Please refer to the Cumberland County Local Rules of Court which set forth your rights and responsibilities herein. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Sincerely, MARK J. UDREN & ASSOCIATES By: Mark J. Udren, Esquire Attorney for Plaintiff/Movant /ljr Enclosure >- ?? ?_ ?7 ' <.' ' 1- ? ? CJ s .? ? u.. ??.=3 ?-? _. "1_ t 1 L_1 !, j :'. ? M1. i~7 LIJI ? ?- C\' i G_-.f ?.. IiJ : : !'L ? .: • ? C.V C)? (> I F:TILESIDATAFILE\GENDGC9919046-MTG ANS 0knud. 07/12M 124109 PM Revimd. 0729/9908.56.57 AM 90164 BANKERS TRUST COMPANY OF CALIFORNIA, N.A., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. E. JADE JANESKO, Mortgagor MICHAEL J. JANESKO, Defendants CIVIL ACTION - LAW NO. 99-3165 CIVIL 12EFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S OMPI AINT IN MORTGAGE F92RECLOSIJRE TO: BANKERS TRUST COMPANY OF CALIFORNIA, N.A., Plaintiff, and its attorney, MARK J. UDREN, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes Defendants, E. Jade Janesko and Michael J. Janesko, by and through their attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, P.C., and avers as follows: Admitted that Plaintiff is the corporation designated as such in the caption. As to Plaintiffs status as "assignee," after reasonable investigation, Defendants are without information sufficient upon which to determine the truth or falsity thereof and strict proof thereof is demanded. 2. Admitted. 3. It is admitted that Defendants secured a mortgage from United Companies Lending Corporation on October 26, 1998, for premises located at 3960 Enola Road, Township of Upper Frankford, Cumberland County, Pennsylvania, which is recorded at Book 1492, Page 1120. 4. Denied. By way of further answer, Defendants have made payments to United Companies Lending Corporation and EMC Mortgage Corporation. 5. It is denied that Defendants ever received any notice of delinquency or demand. By way of further answer, Defendants have made payments on their mortgage up through June of 1999. 6. Denied. By way of further answer, Defendants have made payments on their mortgage up through June of 1999. 7. The averments in this paragraph state conclusions of law to which no responses are required. To the extent any response is necessary, the averments are expressly denied and strict proof thereof is demanded. 8. The averments in this paragraph state conclusions of law to which no responses are required. To the extent any response is necessary, the averments are expressly denied and strict proof thereof is demanded. NEW MATTER 9. The averments in paragraphs 1 through 8 are incorporated herein by reference as if set forth in their entirety. 10. Defendants made monthly mortgage payments to United Companies Lending Corporation in November and December 1998, and January, 1999; each payment was approximately $977.15. 11. Defendants made monthly mortgage payments to EMC Mortgage Company in February, March, April, May and June of 1999; each payment was approximately $977.15. 12. Defendants are not in default and have complied in all material aspects with the mortgage for the premises located at 3960 Enola Road, Newville, Pennsylvania 17241. WHEREFORE, Defendants respectfully demand judgment against Plaintiff for the relief requested in its Complaint. MARTSON DEARDORFF WILLIAMS & OTTO By wt? , Benjamin/ . Warner, Esquire I.D. No. 78100 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendants Date: July 29, 1999 VERIFICATION Benjamin T. Warner, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS & OTTO, attorneys for Defendants in the within action, certifies that the statements made in the foregoing Defendants' Answer with New Matter to Plaintiff's Complaint in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Benjamin T Warner, Esquire CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant's Answer with New Matter to Plaintiff's Complaint in Mortgage Foreclosure was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mark J. Udren, Esquire MARK J. UDREN & ASSOCIATES 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 MARTSON DEARDORFF WILLIAMS & OTTO F q line A. Decker Fen ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 29, 1999 ?- C? I %' i:c __ c; I - " ,.. '.i ? __ ' ` ? J _. .. ' ? _: !i.J ? ?. .. 2? MARK J. UDREN b ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-4Ft2-6900 Bankers Trust Company of California, N.A. 222 West Las Collinas Blvd. Suite 600 Irving, Texas 75039 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Plaintiff V. E. Jade Janesko, mortgagor Michael J. Janesko 3966 Enola Road Newville, PA 17241 Defendant(s) 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. 7 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249 3166 or 1 800 990 9108 Le han 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 notificacion. 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 continuer 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 provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 717-240-6200 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor .. .. . ....:.t 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 debtor, a copy of a judgment against you, and mail 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 the 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 purpnse. LAW OFFICES OF MARK J. UDREN /s/ Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (609) 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: United Companies Lending Corporation Assignments of Record to: Bankers Trust Company of California, N.A. Recording Date: Lodged For Recording Book: Page: 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: 3960 Enola Road MUNICIPALITY/TOWNSHIP/BOROUGH: Township of Upper Frankford COUNTY: Cumberland DATE EXECUTED: 10/26/98 DATE RECORDED: 10/29/98 BOOK: 1492 PAGE: 1120 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 iL--nixed below, shall be immeaiateiy 9L„ 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Note as follows: (a) by failing or refusing 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. 6. The following amounts are due on the said Mortgage as of 4/23!/99: Principal of debt due and unpaid $84,075.88 Interest at 11.99% from 12/1/98 to 4/23/99 (the per diem interest accruing on this debt is $27.62 and that sum should be added each day after 4/23/99) 3,977.28 Title Report 250.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $112.73 and that sum should be added on the first of each month after 4/23/99) 563.68 Late Charges (monthlyy late charge of $48.86 should be added on the fifteenth of each month after 4/23/99) 43.22 Attorneys Fees (anticipated and actual to 5$ of principal) 4.203.79 TOTAL $93,393.85 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. Notice of Intention to Foreclose under Act 6 of 1974 of the Commonwealth of Pennsylvania is not required as the original principal amount exceeds the sum of $50,000.00. The notice spec:fiad by the Pennsylvania Homeo-ner's Emergency Mortgage Assistance Program, Act 91 of 1983, nas been sent as required on the date appearing on the copy attached hereto as Exhibit "A", and Defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant (s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $93,393.85, 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.' U n, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 OVID BOOK 114, FACES 201 AND 202. ALL THAT CERTAIN tract of land situate in Upper Frankford Township, Cumberland County. I Pennsylvania, together with the improvements thereon erected, bounded and described, an follows: BEGINNING at an iron pin in the center of the Enola Roxbury Roadt thence along the center of a private road leading to a farm now or formerly of Phoebe Warner, North 2L degrees 04 minutes West, 876 feet to an iron pin; thence along lands now or formerly of Phoebe Warner, North 66 degrees 46 minutes East, 636.5 feet'to an iron pin on lands now or formerly of Eber Hoover; thence by lands now or formerly of Eber Hoover, South 21 degrees 41 minutes East, 646.5 feet to an iron pin; thence by Lots Nos. 1, 2, 3, 4, S and 6 as laid out by Curtis W. Raudabaugh, South 74 degrees 01 minute West, 366.8 feet to an iron pin; thence by Lot go. 6, South 20 degrees 59 minutes Pact, 312.5 feet to an iron pin is the center of the Enola Roxbury Road; thence along the center of said road, South 74 degrees 19 minuteo West, 145.5 tact; thence South 73 degrees 34 minutes West, 174 feet to the Place of BEGINNING. CONTAINIWG 10 acres and 1468 perches, more or less. HAVING thereon erected a one and one-half story dwelling house and small barn. TLIs Co it rnt f• lwalld unless the lnsurlng provlsionO and Uhsdu:es A and a ars atuched Chicago Title Insurance Company MORTGAGE CORPORATION IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS (Esta information puede set obtendia en Espanol) TO: E Jade Janesko 3960,,Enola Road Newville PA 17241 RE: Date March 02, 1999 Property Address 3960 Enola Road Newville PA 17241 Loan Number 191732-7 j Mortgagee EMC Mortgage Corporation P.O. Box 141358 Irving, TX 75014 FROM: Vicki Hockaday Your mortgage is in serious default because you have failed to pay installments of principal and interest promptly, as required for a period of at least sixty (60) days. The total amount of the delinquency is $ 2,931.45. That amount is itemized below: Monthly Payments Due (01-01-99 to 03-01-99): $ 2,931.45 Accrued Late Charges: $ .00 NSF Fees: 00 Property Inspections: $ .00 Other Fees: (Incl. Interest Arrearage Bal.) $ .00 Subtotal: $ 2,931.45 Less Suspense (unapplied funds) $ .00, Total Amount of Delinquency: $ 2,931.45 HT422/MTM 222 West Las Colinas Boulevard, Suite 600, Irving, Texas 75039 MAILING ADDRESS: P.O. Box 141358, Irving, Texas 75014.1358 Page 2/191732-7 e(s) and address(es) of (a) designated consumer credit nseling agency(ies) are included on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise EMC Mortgage Corporation immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments-of principal and snterest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $ 2,931.45. That sum includes the following: Monthly payments from January 01, 1999 to March 01, 1999 in the amount of 2,931.45, and late charges totaling $.00, and other charges including Property Inspections, NSF Fees, Etc., in the amount of $.00, minus any suspense funds or credits. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign, and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attached list. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked within thirty (30) days of your face-to- face meeting. It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional 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 that Agency of its decision on your application. The Pennsylvania Housing Agency is located at 2101 North Front Street, P.O. Box 8029, Harrisburg, PA 17105, Telephone Number (717)780-3800 or (800)342-2397 (toll free). Persons with impaired hearing can call (717)780-1869. In addition, you may receive another notice from this office under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. If you choose to exercise your rights described in this HT428/MTM r,. Page 3 e cannot foreclose upon you during that time. Also, if eceive financial assistance from the Pennsylvania Housing nance Agency, your home cannot be foreclosed upon while you are receiving that assistance. Very truly yours, Vicki Hockaday EMC Mortgage Corporation Enclosure Note: EMC is writing to you regarding the collection of your loan; any information obtained will be used for that purpose. HT428/MTM ; ORTGAGE CORPORATION CES IMPORTANT: NOTICEISTANCE OWNACT OF ERS' E MERGENCY MORTGAGE PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL, ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS (Esta information puede set obtendia en Espanol) TO: MICHAEL J. JANESRO 3960,,Enola Road Newville PA 17241 RE: Date . March 02, 1999 Property Address NewvillelPA 17241 Loan Number 191732-7 Mortgagee EMC Mortgage corporation P.O. Box 141358 Irving, TX 75014 FROM: Vicki Hockaday your mortgage is in serious default because you have a uiredtforaa installments of principal and interest promptly, as rqu' P period of at least sixty (60) days. The total amount of the ?i delinquency is $ 2,931.45. That amount is itemized below: 2,931.45 I! Monthly Payments Due (01-01-99 to 03-01-99): $ y $ .00 Accrued Late Charges: $ .00 y NSF Fees: 00 Recoverable Corporate Advance $ Other Fees: (Incl. Interest Arrearage Bal.) $ .00 $ 2,931.45 i Subtotal: Pease (unapplied funds) $ Lees Sus 00 $ 2,931:45 Ilj Total Amount of Delinquency: I; v HT432/MTM 222 West Las Colinas Boulevard, Suite 600, Irving, Texas 75039 MAILING ADDRESS: P.O. Box 141358, Irving, Texas 75014.1358 Page 2/191732-7 and address(es) of (a) designated consumer credit eling agency(ies) are included on the attached sheet. It is my necessary to schedule one face-to-face meeting. You should advise EMC Mortgage Corporation immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $ 2,931.45. That sum includes the following: Monthly payments from January 01, 1999 to March 01, 1999 in the amount of 2,931.45, and late charges totaling $.00, and other charges including Property Inspections, NSF Fees, Etc., in the amount of $.00, minus any suspense funds or credits. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign, and file a completed, Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attached list. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked within thirty (30) days of your face-to- face meeting. It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional 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 that Agency of its decision on your application. The Pennsylvania Housing Agency is located at 2101 North Front Street, P.O. Box 8029, Harrisburg, PA 17105, Telephone Number (717)780-3800 or (800)342-2397 (toll free). Persons with impaired hearing can call (717)780-1869. In addition, you may receive another notice from this office under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. If you choose to exercise your rights described in this HT428/MTM Page 3 Vicki Hockaday EMC Mortgage Corporation cannot foreclose upon you during that time. Also, if foreclosedPennsylvania eceve financurlhomeassistance cannot befrom whileuyougare nance Agency, Yo receiving that assistance. Very truly yours, Enclosure Note: EMC is writing to you regarding the collection of your loan; any information obtained will be used for that purpose. HT42A/MTM MORTGAGE CORPORATION IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS (Esta information puede set obtendia en Espanol) TO: MICHAEL J JANESKO 3966 Enola Road Newville,PA,17241 RE: Date March 02, 1999 Property 3960 Enola Road Newville PA 17241 Loan No. 191732-7 - Mortgagee EMC MORTGAGE CORPORATION P.O. Box 141358 Irving, TX 75014 FROM: Vicki Hockaday Your mortgage is in serious default because you have failed to pay installments of principal and interest promptly, as required for a period of at least sixty (60) days. The total amount of the delinquency is $ 2,931.45. THAT SUM INCLUDES THE FOLLOWING: Total of monthly payments: $ 2,931.45 from 01-01-99 to 03-01-99 00 including all accrued late charges, if any $ . 00 Recoverable Corporate Advance, if any $ ..00 NSF check charges, if any $ .00 Other charges accrued, if any $ 2,931.45 SUB TOTAL LESS: Suspense (Unapplied Funds) $ ,00 TOTAL AMOUNT OF DELINQUENCY $ 2'931.45 Your mortgage is also in default for the following reason(s): You may be el 11 ible for financial assistance znar, -t foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of Your rights. HT433/MTM 222 West Las Colinas Boulevard, Suite 600, Irving, Texas 75039 MAILING ADDRESS: P.O. Box 141358, Irving, Texas 75014.1358 Page 2/191732-7 - .a_addreas(es) of (a) designated consumer credit eling agencc;, ) are included on the attached sheet. It is my necessary to schedule one face-to-face meeting. You should advise EMC Mortgage Corporation immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $ 2,931.45. That sum includes the following: Monthly payments from January 01, 1999 to March 01, 1999 in the amount of 2,931.45, and late charges totaling $.00, and other charges including Property Inspections, NSF Fees, Etc., in the amount of $.00, minus any suspense funds or credits. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign, and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attached list. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked within thirty (30) days of your face-to- face meeting. It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional 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 that Agency of its decision on your application. The Pennsylvania Housing Agency is located at 2101 North Front Street, P.O. Box 8029, Harrisburg, PA 17105, Telephone Number (717)780-3800 or (800)342-2397 (toll free). Persons with impaired hearing can call (717)780-1869. In addition, you may receive another notice from this office under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. If you choose to exercise your rights described in this HT428/MTM Page 3 cannon foreclose upon you during that time. Also, if ceive financial assistance from the Pennsylvania Housing nance Agency, your home cannot be foreclosed upon while you are receiving that assistance. Very truly yours, Vicki Hockaday EMC Mortgage Corporation Enclosure Note: EMC is writing to you regarding the collection of your loan; any information obtained will be used for that purpose. HT428/MTM Mpg T GAGE CORPORATION IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE OF 1983 ASSISTANCE PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS (Esta information puede set obtendia en Espanol) TO: E Jade Janesko 3966 Enola Road Newville,PA,17241 • RE: Date March 02, 1999 Property 3960 Enola Road Newville PA 17241 Loan No. 191732-7 Mortgagee EMC MORTGAGE CORPORATION P.O. Box X41358 Irving, TX 75014 FROM: Vicki Hockaday Your mortgage is in serious default because you have failed to pay installments of principal and interest promptly, as required for a period of at least sixty (60) days. The total amount of the delinquency is $ 2,931.45. THAT SUM INCLUDES THE FOLLOWING: Total of monthly payments: $ 2,931.45 from 01-01-99 to 03-01-99 00 including all accrued late charges, if any $ .,00 NSF Fees, if any $ .00 Property Inspection Fees, if any 00 Other Fees (Including Interest Arrearage $ . Balance, if any) $ 2,931.45 SUB TOTAL LESS: Suspense (Unapplied Funds) $ .00 TOTAL AMOUNT OF DELINQUENCY $ 2,931.45 Your mortgage is also in default for the following reason(s) : You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. HT423/MTM 222 West Las Colinas Boulevard, Suite 600, Irving, Texas 75039 MAILING ADDRESS: P.O. Box 141358, Irving, Texas 75014.1358 Page 2/191732-7 and address(es) of (a) designated consumer credit eling agency(ies) are included on the attached sheet. It is necessary to schedule one face-to-face meeting. You should e EMC Mortgage Corporation immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days.' The total amount of the delinquency is $ 2,931.45. That sum includes the following: Monthly payments from January 01, 1999 to March 01, 1999 in the amount of 2,931.45, and late charges totaling $.00, and other charges including Property Inspections, NSF Fees, Etc., in the amount of $.00, minus any suspense funds or credits. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign, and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attached list. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked within thirty (30) days of your face-to- face meeting. It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional 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 that Agency of its decision on your application. The Pennsylvania Housing Agency is located at 2101 North Front Street, P.O. Box 8029, Harrisburg, PA 17105, Telephone Number (717)780-3800 or (800)342-2397 (toll free). Persons with impaired hearing can call (717)780-1869. In addition, you may receive another notice from this office under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. If you choose to exercise your rights described in this HT428/MTM Page. 3 s°,;.. on you during that time. Also, if t foreclose up oo Sstance the eceive financcia as elcannot beoforeclosedsuponnwhileuyougare •riziance Agency' y receiving that assistance. Very truly yours, Vicki Hockaday EMC Mortgage corporation Enclosure Notes: EMC is writing to you regarding the collection of your loan; any information obtained will be used for that purpose. HT428/MTM 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 regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading 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. A Mar J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES ? 1 1 l V lJ U Nli V V ?(n, _J 1 I, I. e{SSSJMi9%hRY _ RJA%"ii r.. !.?i ........ ,. ... , r ...::. .. :. r.. .., ..... .. v:.l MARTSON DEARDORFF WILLIAMS & OTTO 1V J ? slo OCT 121999 , 1.11w.W10N•AINI6.-M.-Il TEN EAST HIcm STREET CARLISLE, PENNSYLVANIA 17013 Mpg' I !i I , k L ' P: W LBSIDATAFRBIOBNDOC99JANBSKO. B PJ Cmam1 I0/12M 01.0:22 PA! Bevi" I OI12M04.OB:27PM BANKERS TRUST COMPANY OF CALIFORNIA, N.A., Plaintiff V. E. JADE JANESKO, Mortgagor MICHAEL J. JANESKO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-3165 CIVIL DEFENDANTS' BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff filed an action in mortgage foreclosure on or about May 25, 1999. Defendant Michael J. Janesko is record owner of property located at 3960 Enola Road, Carlisle, Pennsylvania. Both Defendants Michael and E. Jade Janesko executed a mortgage on or about October 26, 1998. Defendants filed an Answer with New Matter on July 29, 1999, asserting they have made timely payments to Plaintiff, or its subsidiaries or predecessors in interest, and have otherwise complied with the mortgage. Plaintiff ultimately filed the underlying Motion for Summary Judgment alleging there exists no material dispute that Defendants have failed to comply with the terms of the mortgage. Counsel for Defendants submit this brief in opposition to Plaintiff's Motion for Summary Judgment. Defendants' defense to this action in mortgage foreclosure is based upon their assertions that they have made payment(s) to United Companies Lending, the original mortgage issuer, which currently is in Bankruptcy proceedings, and/or EMC Mortgage Corporation. Proof of payment has yet to be provided to counsel, consequently, no supporting affidavits are attached hereto as required under Pa.R.C.P. 1035.3. MARTSON DEARDORFF WILLIAMS tic OTTO ? i By ? G Benjamin T. lamer, Esquire I.D. No. 78190 Ten East Hig Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendants Date: October 12, 1999 1, Jacqueline A. Decker, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant's Brief in Opposition to Plaintiffs Motion for Summary Judgment was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mark J. Udren, Esquire MARK J. UDREN & ASSOCIATES 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 James D. Flower, Esquire FLOWER, FLOWER & LINDSAY 11 East High Street Carlisle, PA 17013 (via facsimile: 243-6510) MARTSON DEARDORFF WILLIAMS & OTTO 13 rQ eq ne A. Decker n ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 12, 1999 LAW OFFICES MARK J. UDREN & ASSOCIATES 1040 NORTH KINGS HIGHWAY SUITE 500 CHERRY HIU, NEW JERSEY 08034 609. 482. 6900 FAX. 609. 482. 1199 MARK J. VDREN• STUART WINNEG•• GAYI, SPIVAK ORLOFF••• •AOMO78D ALW IN M AND PL ••AOMf17SD ONLYMM •••AUVmsoAlsolNralu TINA MARIE RICH OPPIMAOMINISMAMAt August I? , 1999 FREDDIE MAC PENNSYL61ANIA IGNATFD COUBEL PLEASE RESPOND TO NEW JERSEY OFFICE" Prothonotary of Cumberland County Cumberland County Courthouse 1'Courthouse Square Carlisle, PA 17013-3387 cor? PENNSYLVANIA OFF/CF 24 NORYZr MERIONAVENUE SVnR 240 BRYN MA WR, PA 19010 215.56&9500 ZIS-568.1141 FAX Re: Bankers Trust Company of California, N.A. vs. E. Jade Janesko, mortgagor Michael J. Janesko Cumberland County CCP No. 99-3165 Civil To whom it may concern: Enclosed for filing please find Motion for Summary Judgment, together with Brief in Support and Certificate of Service in connection with the captioned matter. I have enclosed a copy of the first page of the Motion to be time stamped and returned in the enclosed self addressed stamped envelope. Thank you for your assistance with this matter. Sincerely, MARK J. UDREN & ASSOCIATES By: Mark J. Udren, Esquire Attorney for Plaintiff /Ijr , Enclosures G ?%J S N'^ MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 ATTORNEY FOR PLAINTW Bankers Trust Company of California, N.A. ' COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff : Cumberland County V. E. Jade Janesko, mortgagor Michael J. Janesko NO. 99-3165 Civil Defendant(s) ORDER AND NOW, to wit, this day of 19 , upon consideration of Plaintiffs Motion For Summary Judgment and supporting documents thereto, and upon consideration of the Reply, if any, filed by the Defendant hereto, the Court hereby determines that the Defendants have failed to make a legal defense to Plaintiffs claim and that Plaintiff is entitled to Summary Judgment as a matter of law and that the Court, therefore, ORDERS AND DECREES that Judgment, in rem, shall be entered in favor of the Plaintiff and against Defendants, E. Jade Janesko, Mortgagor and Michael J. Janesko in the amount of $97,112.41, (as calculated from the Complaint) together with ongoing per diem interest, late charges, escrow advances, and any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of the mortgaged property. It is fiuther ORDERED AND DECREED that Defendants' New Matter is hereby denied and dismissed, with Prejudice. BY THE COURT: L MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 0,002 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 Bankers Trust Company of California, N.A. Plaintiff V. E. Jade Janesko, mortgagor Michael J. Janesko ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS = CIVIL DIVISION Cumberland County NO. 99-3165 Civil Defendant(s) Plaintiff, Bankers Trust Company of California, N.A. , by its Attorney, Mark J. Udren, Esquire, respectfully requests your Honorable Court enter an Order granting Summary Judgment in the above captioned matter for the following reasons: 1. There are no genuine issues as to any material fact, and therefore, the Plaintiff (moving party) is entitled to Judgment as a matter of law. 2. Defendants, E. Jade Janesko, Mortgagor and Michael J. Janesko have filed an Answer and New Matter to the Complaint in which the Defendants have effectively admitted all of the allegations in the Complaint. 3. At the time of this pleading, Defendant, Michael J. Janesko has owned the premises being foreclosed without making a mortgage payment in an excessive period of time. 4. Defendants admit outright, and/or in part, paragraphs 1, 2 and 3 of the Complaint. 5. In the Answer to Paragraphs 2 and 3 of the Complaint, Defendants admit in part, and/or outright that Defendant, Michael J. Janesko, is the real owner and Defendants are mortgagors of the within mortgaged property. 6. Although Defendants purport to deny and/or fails to deny, in whole or in part, specifically or by necessary implication the averments contained in Paragraphs 1, 4, 5, 6, 7 and 8 of the Complaint, in reality, said denials are improper and should be deemed as admissions for the reasons set forth in the attached Memorandum of Law. 7. The Pennsylvania pre-foreclosure Act 6 Notice is not required as the Defendants' original principal balance on the Mortgage is greater than $50,000.00. 41 P.S. Section 101 et seq. See, Exhibit "A" attached hereto. 8. Plaintiff has complied in all respects with the Pennsylvania pre-foreclosure Notice requirements of Act 6 (41 P.S. Section 101, et seq) and Act 91 (35 P.S. Section 1680.401c, et seq.). 9. Defendants' New Matter does not offer any genuine issue to any material fact, is irrelevant and immaterial, and also contains mere conclusions of law, not factual disputes. 10. Plaintiff has an express contractual right pursuant to the terms of the Mortgage to charge the Defendants attorney fees as a consequence of the initiation of the within action in Mortgage Foreclosure. 11. In addition to the amounts due and owing as set forth in the Complaint, additional sums have accumulated since the filing of the Complaint, pursuant to the terms of the Mortgage, which sums can be calculated from the face of the Complaint, as follows: Principal of debt due and unpaid $84,075.88 Interest at 11.99% from 12/1/98 to 8/14/99 (the debts $2762 interest and that accruing sum on this should be added each day after 8/14/99) 7,098.34 Title Report 250.00 Court Costs (anticipated, excluding Sheriffs Sale costs) 280.00 Escrow Overdraft (The monthly escrow on this account is $112.73 and that sum should be added on the first of each month after 8/14/99) 1,014.60 Late Charges (monthly late charge of $48.86 should be added on the fifteenth of 189.80 each month after 8/14/99) Attorneys Fees (anticipated and actual to 5% of principal) TOTAL $97,112.41 WBEREFORE, Plaintiff respectfully requests that the Honorable Court grant its Motion For Summary Judgment, and that Judgment be entered, in rem, as prayed for in the Complaint in favor of the Plaintiff and against the Defendants, E. Jade Janesko, Mortgagor and Michael J. Janesko, in the amount of $97,112.41, together with ongoing per diem interest, late charges, escrow advances, any additional recoverable costs to date of Sheriff's Sale; and for foreclosure and sale of the mortgaged property. Respectfully submitted, MARK J. UDREN & ASSOCIATES BY; _ Mark J. Udren, Esquire Attorney for Plaintiff FAFILOSIDATAF1L0GCN0009 M6/.FR Ivd Cmtd OLI 1199 09:26.16 AM R9111cd 0FJ1 1199 10 01:36 AM 9016.1 BANKERS TRUST COMPANY OF CALIFORNIA, N.A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO.99-316_5 CIVIL E. JADE JANESKO, Mortgagor MICHAEL J.JANESKO, Defendants P CIP TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please substitute the attached Verifications for the Attorney Verification that was originally filed with Defendants' Answer with New Matter to Plaintiff's Complaint in Mortgage Foreclosure in the above-captioned action. MARTSON DEARDORFF WILLIAMS & OTTO By .- Benjamin . Warner, Esquire I.D. No. 78100 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendants Date: August 11, 1999 V(sRIF'ICATI()LV The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which 1 have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ? ? 0 L"e'e Michael J. Jan?'skff VF,REICAMN The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which 1 have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. 'UkQ- k? E. Jade Janesko I, Jacqueline A. Decker, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mark J. Udren, Esquire MARK J. UDREN & ASSOCIATES 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 MARTSON DEARDORFF WILLIAMS & OTTO By qu a A. Decker en t High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 11, 1999 ?C' i. 1 f t :•.., ... CJ[ .'_ 1?-- ?-??i ?'" .+ il) 1.: U- 1-' '? ?. ?i SHERIFFS RETURN - REGULAR CASE NO: 1999-03165 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST CO OF CALIFORNIA { VS. JANESKO E JADE 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 upon E JADE JANESKO was served defendant, at 1256:00 HOURS, on the 16th day of June the 1999 at 3966 EN LA ROAD NEWVILLE, PA 17241 CUMBERLAND County, Pennsylvania, by handing to E. JADE JANESKO a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers. Docketing 18.00 . Service 6.20 Affidavit 00 -P Surcharge 8.00 omds in e i $377-2774A 4K UDREN 06/18/1999 ? by ?yy? ?e? pu 5 ri Sworn and subscribed to before me this /99' day of 19 q A.D. qr`- ., • SHERIFF'S RETURN - REGULAR CASE NO: 1999-03165 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST CO OF CALIFORNIA VS. JANESKO E JADE ET AL DAVID E. 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 JANESKO MICHAEL J the defendant, at 1256:00 HOURS, on the 16th day of June 1999 at 3966 ENOLA ROAD NEWVILLE, PA 17241 CUMBERLAND County, Pennsylvania, by handing to E. JADE JANESKO, ADULT IN CHARGE a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Soanswers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 8.00 $$ K. a comas ine, e i $J.4.uu /K UDREN Sworn and subscribed to before me this s-t day of 19-Qq A.D. rLut.uonccary