HomeMy WebLinkAbout99-04365MARK J. UDREN S ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. RINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
609-482-6900
Ocw F A 1
ATTORNEY FOR PLAINTIFF
en a era Bank, FSB COURT OF COMMON PLEAS
P.O. Box 24737 :CIVIL DIVISION
West Palm Beach, FL 33416-4737 :Cumberland County
Plaintiff
V.
Carolyn H. Weber
Carolyn H. Webber, Executrix
of the Estate of Ronald L.
Weber, deceased
51 Kensington Drive
Camp Hill, PA 17011
Defendant (s)
NO. Yy -
COMPLAINT IN MORTGAGE FORECLOSURE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYERS REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
Le han demandado a usted en la torte. 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
notification. Hace falta ascentar una comparencia escrita o en
persona o con un abogado y entregar a la carte 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 torte tomara medidas y
puede continuar la demanda en contra suya sin previo aviso o
notification. Ademas, la torte 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 INbIEDIATAMENTE, SI NO TIENE ABOGADO
O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN
PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
NOTICE
The amount of your debt is as stated in the attached document. The name of the creditor
to whom the debt is owed is as named in the attached document. Unless you notify us within
30 days after receipt of this Notice and the attached document that the validity of the stated
debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify
us in writing of a dispute within the 30 day period, we will obtain verification of the debt or
a copy of a judgment against you, and 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 purpose.
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: Paine Webber Mortgage Finance, Inc.
Assignments of Record to: Ocwen Federal Bank, FSB
Recording Date: 10/9/97 Book: 559 Page: 278
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: 51 Kensington Drive
MUNICIPALITY/TOWNSHIP/BOROUGH: Township of Lower Allen
COUNTY: Cumberland
DATE EXECUTED: 8/28/92
DATE RECORDED: 9/2/92 BOOK: 1086 PAGE: 300
The legal description of the mortgaged premises is attached hereto
and made part hereof.
4. Said Mortgage is in default because the required payments
have not been made as set forth below, and by its terms, upon
breach and failure to cure said breach after notice, all sums
secured by said Mortgage, together with other charges authorized by
said Mortgage itemized below, shall be immediately due.
5. After demand, the Defendant(s) continues to 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
6/10/99:
Principal of debt due and unpaid $80,863.77
Interest at 8.0%
from 6/1/95
to 6/10/99
(the per diem interest accruing on
this debt is $17.97 and that sum
should be added each day after
6/10/99) 26,056.08
Title Report 250.00
Court Costs (anticipated, excluding
Sheriff's Sale costs) 280.00
Forbearance Balance (265.70)
Escrow Overdraft/ (Balance)
(The monthly escrow on this account
is $120.18 and that sum should
be added on the first of each
month after 6/10/99) 2,799.85
Late Charges
(monthlyy late charge of $29.08
should be added on the fifteenth of
each month after 6/10/99) 1,366.76
Deferred NSF 25.00
Deferred Late Charges 87.24
Fees Billed 2,014.14
Quote Fee 10.00
Satisfaction Fee 45.00
Attorneys Fees (anticipated and actual
to 5% of principal) 4.043.19
TOTAL $117,575.33
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
specified by the Pennsylvania Homeowner's Emergency Mortgage
Assistance Program, Act 91 of 1983, has 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 $117,575.33, plus interest,
costs and attorneys fees as more fully set forth in the Complaint,
and for foreclosure and sale of the Mort a ed premises.
Mark J. Udren, ESQUIRE
MARK J. UDREN & ASSOCIATES
Attorney for Plaintiff
Attorney I.D. No. 04302
.rt?•'n
ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the Northerly line of Kensington Drive which point is 1890.20 feet West
of the Northwesterly corner of Kensington Drive and Soarsdale Drive and at dividing line between lot
nos. 26 and 27, Block A on the hereinafter mentioned plan of lots: thence along the Northerly line of
Kensington Drive South 55 degrees 20 minutes West 75 feet to a point at dividing line between lots nos.
27 and 28, Block A on said plan: thence along said dividing line North 34 degrees 40 minutes West
133.4 feet to a point; thence North 45 degrees 50 minutes East 39.97 feet to a point at Southerly line
of new route U.S. #15, thence along same North 55 degrees 20 minutes East 35.58 feet to a point at
dividing line between lot nos. 26 and 27 Block A on said plan; thence along the same South 34 degrees
40 minutes East 140 feet to a point, the place of BEGINNING.
HAVING ERECTED THEREON a dwelling house being known and numbered as 51 Kensington Drive,
Camp Hill, Pennsylvania.
LESS, HOWEVER all that portion of the above-referred to parcel of land taken by the Commonwealth
of Pennsylvania, Department of Highways, by Notice of Condemnation dated July 15, 1969, recorded
in Cumberland County Recorder of Deeds Office in Deed Book "H", Volume 23, page 538, said portion
condemned and taken being* more fully described in Exhibit No. 3 attached thereto (see Notice of
Condemnation, file No. 58).
,
May 4, 1M
CAROLYN WEBER , RONALD WEBER
51 KENSINGTON DR
CAMP HILL, PA 17011-7904
Re: Loan Number: 2701548
Property Address: 51 KENSINGTON DR, CAMP HILL, PA 17011
FROM OcwealtederalBankFSB
VIA F nt Class Mail
VIA Certified Mail (return receipt requested)
Certified Mad Number: P96S614397
You are hereby rsotified that this letter is an attempt to collect a debt. All information obtained will be cued for that purpose.
You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply withthe
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, you have a reasonable prospector
resuming your mortgage payments, and if you meet other eggiblUty- requirement established by the Pennsylvania Sousing
Finance Agency. Please read a8 of this Notice. It contains en explanation of your rights.
Under the Act, you are emitted to a temporary stay of foreclosure on your mortgage for thirty (30) days from the data of this
Notice. During that time you must mange and attend a "face-to-face" meeting with a representative of this lender, or with adesignated
consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settleyour
delinquency. This meeting must occur in the next thirty (30) days.
If you attend a face.to-face meeting with this lender, or with a consumer credit coutueling agency identified in this notice, no
father proceeding is mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, addreasand
telephone number of our representative is:
Julie Towers
Foreclosure Coordinator
Cowen Federal Bank FSB
P. 0. Box 24737, Suite SA
Wen Palm Beach, Florida 33416-4737
Toll Free Telephone Number: 1.800-74 OCWEN
The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only
necessary to schedule one face-to-face meeting. You should advise this lender immediately of your imenstiosss.
Date: May 4, 1999
Loan #. 2701548
EXHIBIT A
Your mortgage is in default because you faded to pay promptly uumllmems of principal and interest, as required, for a period
of at least sixty (60) days. The total amount of the delinquency is $35. 310.19. That sum includes the following:
Principal and Interest ................................ ..... 428,520.54
Escrow .................................................... ...... $3,599.04
Current Late Changes ................ ....... ......_. ..... S1,337.6S
Prior Late Changes .................................... ..... $87.24
Nan-sufficient Funds Charges ................... .... $25.00
Other Advances ........................................ ..... $2,006.39
Interest Arrearage ..................................... ..... $0.00
Forbearance (CREDIT) ............................. .... $265.70
TOTAL DUE. ..._._.__.__. $35,310.19
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 Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fiU out, sign and file a
completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on
the attachment. An application for assistance may only be obtained from a consumer credit comsselimg agency. The consumereredit
counseling agency will assist you in filling out your application and wtill 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 Me your application promptly. If you do not do so, or if you do not follow the other
thne 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 Durug 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 or your application
The Pennsylvania Housing Finance Agency is located at 2101 North From Street, Pmt Office Box 8029, Harrisburg,
Pennsylvania 17105. Telephone No. (717) 780-3800 or I-800.342-2397 (toll free number). Person with impaired hearing can call
(717) 780.1869.
In addition you may receive another notice from this lender 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 tinder Pennsylvania law. However, ifyou
choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance.
Very Truly Yours,
REPERFORMING LOAN X4252
Performing Leans Specialist
Toll Free Telephone Number. 800-74.OCWEN
encb PA information
C02691113.001
Ocwen Federal Bank FSB is a debt collector attempting to collect a debt and any information obtained will be toed for that purpose.
: :0
........ .........
O C .11 E N
FaI BaNk FSB
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
The Commonwealth of Pennsylvania's
Homeowner's Emergency Mortgage Assistance
Program
may be able to help you.
Read the attached notice to find out how the
program works.
If you need more information, call the Pennsylvania
Housing Finance Agency at 1(800) 342-2397.
LA NOTIFICACION ADJUNTO ES DE SUMA IMPORTANCLA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGDBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDI UR SU HIPOTECA.
ACT 91 NOTICE
IMPORTANT; NOTICE OF HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
PLEASE READ THIS NOTICE.
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
P968L14397
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OMEB
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04365 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
OCWEN FEDERAL BANK FSB
VS.
WEBER CAROLYN H ET AL
JODY SMITH , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon WEBER CAROLYN H the
defendant, at 13:00 HOURS, on the 10th day of August
1999 at CUMBERLAND CO. SHERIFF'S DEPT 1 COURTHOUSE SQUARE
CARLISLE, PA 17013 ,CUMBERLAND
County, Pennsylvania, by handing to CAROLY14 WEBER
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 answer
Docketing 18.00
Service 9.30
Affidavit .00
Surcharge 8.00 1?I MIMS AIiTe, 5 e i
MA K J. UDREN
0810/1999
by J
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Sworn and subscribed to before me
this jbt- day of
19 A.D.^ AQy?
- E x(`orno y Y
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.
Z
Marc Li Uctren, ESQUIRE
MARK J. UDREN & ASSOCIATES
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CASE NO: 1999-04365 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
OCWEN FEDERAL BANK FSB
VS.
WEBER CAROLYN H ET AL
JODY SMITH Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon WEBBER CAROLYN H EXECTRIX OF EST OF RONALD L WEBER (DEC.) the
defendant, at 13:00 HOURS, on the 10th day of August
1999 at CUMBERLAND CO. SHERIFF'S DEPT 1 COURTHOUSE SQUARE
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to CAROLYN WEBER
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
6.00 D
Service .00
Affidavit .00
Surcharge 8.00 Rioma?-KliS eri
$14-00-'MAR
0 K J. UDREN
8/ 10/1999
by Q
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C
V1 C
uw
e u y 5 ri
Sworn and subscribed to before me
this /o& day of
19qc) A.D.
Q1471"-- r ono ary
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
Ocwen Federal Bank, FSB 'COURT OF COMMON PLEAS
P.O. Box 24737 :CIVIL DIVISION
West Palm Beach, FL 33416-4737 :Cumberland County
Plaintiff
V. 'NO. 99-4365 civil
Carolyn H. Weber
Carolyn H. Webber, Executrix of
the Estate of Ronald L. Weber,
deceased
51 Kensington Drive
Camp Hill, PA 17011
Defendant(s)
PRAECIPE TO CORRECT TYPOGRAPHICAL ERROR
IN CAPTION OF COMPLAINT. IN MORTGAGE.. FORECLOSURE
TO THE PROTHONOTARY:
Kindly correct the caption in the above matter to correct a
typographical error.
Carolyn H. Weber
Carolyn H. Weber, Executrix
of the Estate of Ronald L. Weber, deceased
Defendants
DATE: August 20, 1999
MARK J. UDREN & ASSOCIATES
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M rk J. Udren, ESQUIRE
ATTORNEY FOR PLAINTIFF
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MARK';J- UDREN & ASSOCIATES ATTORNEY FOR-PLAINTIFF
BY. .Nark J, Udren, 8aquire
ATTY I:D. NO. 04302
1040ZIT. KINGS HIGHWAY.;:LSUITE 500
CHERRY HILL, Na 08034
609-482-6900
Ocwen Federal Bank, FSB COURT OF COMMON PLEAS
P.O. Box 24737 CIVIL DIVISION
West Palm Beach, FL 33416-4737 :Cumberland County
Plaintiff
V. 'NO. 99-4365 civil
Carolyn H. Weber
Carolyn H. Webber, Executrix
of the Estate of Ronald L.
Weber, deceased
51 Kensington Drive
Camp Hill, PA 17011
Defendant(s)
CERTIFICATE OF SERVICE
I, Mark J. Udren, Esquire, hereby certify that I have served
true and correct copies of the attached papers 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: 8/20/99
TO: Carolyn H. Weber
Carolyn H. Weber, Executrix
of the Estate of Ronald L. Weber, deceased
51 Kensington Drive
Camp Hill, PA 17011
MARK J. EN & ASSOCIATES
By:
Mark J. Udren, ESQUIRE
Attorney for Plaintiff
DATED: August 20, 1999
i
MARK J: UDREN-& ASSOCIATES
- BY: Ki rk J.- Udrun, Edquire -
A.TTY =i D. NO. 04302
1040 N. SINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
609-482-6900
Ocwen Federal Bank, FSB COURT OF COMMON PLEAS
P.O. Box 24737 :CIVIL DIVISION
West Palm Beach, FL 33416-4737 :Cumberland County
Plaintiff
V. 'NO. 99-4365 civil
Carolyn H. Weber
Carolyn H. Webber, Executrix of _
the.'Estate of Ronald L. Weber,
deceased
51 Kensington Drive
Camp Hill, PA 17011
Defendant(s)
PRAB?'TPS TO CO PRL+T TYPOG APgr A r. POD
IN CAPTION OF COMPr.AINT IH vnn?rnana anv+nr na,,n
TO THE PROTHONOTARY:
Kindly correct the caption in the above matter to correct a
typographical error.
Carolyn H. Weber
Carolyn H. Weber, Executrix
of the Estate of Ronald L. Weber, deceased
Defendants
DATE: August 20, 1999
MARK J. UDREN & ASSOCIATES
M rk J. Udren, ESQUIRE
ATTORNEY FOR PLAINTIFF
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