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HomeMy WebLinkAbout99-05925 H' 1i ? t % T f y 11 }f ! ?S Ye Y 'yitib? ?Fs 4.' T F% y'Jf a rc pe u ? 1 1 f1 f iY ' YA ? f ?tr?r? K 1 4µ. '..lf ? INY t 4 ?? d 1?1! t y?A r lv ?lf p t..A. i C 'y f " r GIs ,l i.1 X) J ly', YY . MnyL{4µ ,` 4 t f Ir Y 1 ? 1F+1 MARK J. UDREN & ASSOCIATES BYz Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITS 500 CHERRY HILL, NJ 08034 609-482-6900 Conti Mortgage Corporation c/o 100 West Main St., Suite 310 Landsdale, PA 19446 Plaintiff V. John Doe and/or Tenant/Occupant 268 Carlisle Avenue Enola, PA 17025 Defendant (s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. CIVIL-ACTION COMPLAINT- IN-EJECTIUM 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 717-249-3166 AVISO 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 Is 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, Is corte tomara medidas y puede continuar la demands 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 DE LaNDA A UN ABOGADO IMMEDIATANENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLANE POR TELEFONO A LA OFICINA WYA DIRECCION SE ENCUENTRA ESCRITA AEAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA E INFORMACION LEGAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 1. Plaintiff is the corporation or individual named on the caption, and whose address or principal office appears in the caption. 2. Defendant(s) are those named as such on the caption, and occupy the premises (hereinafter "Premises") which address is set forth on the caption. 3. Premises, a legal description of which is attached hereto, was sold at Sheriff fIs Sale in accordance with law on September 1, 1999, and Plaintiff became owner thereof as a result of being the successful bidder and thus the purchaser at said sale, and remains real owner thereof. (Abstract of Title). 4. The person(s) in possession of Premises are the Defendant(s) herein, and are occupying Premises without right or claim to title. 5. Plaintiff has demanded possession of Premises from Defendant(s) who have refused to deliver up the possession thereof. WHEREFORE, Plaintiff demands judgment for immediate possession of Premises, issuance of a Writ of Possession and a judgment of its costs and disbursement in this action. UDREN & ASSOCIATES '417 J. Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation; that he is authorized to take this verification and does so because Plaintiff must verify through agents and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the facts set forth 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.S.C. Section 4904 relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES Mark J. Udren, ESQUIRE DATED: September 22, 1999 i N ?•IL ? Ci: `, lJ t til Q ?d? SaP:?2. 1999 11:26AM CH&A No•2686 P. 2/2 ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, being bounded and described as follows, to wit; BEGINNING at a point on the Eastern line of Carlisle Avenue, said point being One Hundred Fifty- Four (154') feet, more or less, South of the Southeast comer of the intersection of said Carlisle Avenue and Church Street, said Church Street now being known as Shady Lane; thence in an Easterly direction along the Southern line of lot number fourteen (14) a distance of One Hundred Fifty (150') feet more or less, to a point on the Western line of a public alley; thence in a Southerly direction along the Western line of said public alley, a distance of One Hundred (100') feet, more or less, to a point on the Northern line of Lot number seventeen (17); thence Westerly along the Northern line of said Lot number seventeen (17), a distance of One Hundred Fifty (150') feet, more or less, to a point on the Eastern line of aforementioned Carlisle Avenue; thence in a Northerly direction along the Eastern line of said Carlisle Avenue, a distance of One Hundred (100') feet, more or less, to a point, the place of BEGINNING. BEING all of Lots numbered Fifteen (15) and Sixteen (16) in Block "B" on the Plan of Lots of Enola Terrace; said Plan being recorded in the Office of the Recorder of Deeds In and for Cumberland County in Plan Book 1, page 3. HAVING erected thereon a ranch-type residence known as 268 Carlisle Avenue, Enola, PA. BEING Tax Parcel # 09.12-1002-224. Received Time Sep .22. 10:23AM SHERIFF'S RETURN - REGULAR CASE NO: 1999-05925 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONTI MORTGAGE CORP VS. DOE JOHN TIMOTHY REITZ , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon DOE JOHN the defendant, at 18:20 HOURS, on the 5th day of October 1999 at AND/OR TENANT/OCCUPANT 268 CARLISLE AVENUE ENOLA, PA 17025 ,CUMBERLAND County, Pennsylvania, by handing to CHARLES SMEIGH (OWNER) & ONLY OCCUPANT a true and attested copy of the COMPLAINT - EJECTMENT together with ItlOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service So answers: 18.00 9.0 01 ?i. ? Affid i ?i/ ' ?* av t .000 ? Surcharge 8.00 R-PfT5mas Kline, s heriff $3b.37-MA K UDREN 10/06/1999 by ypUFY bne Sworn and subscribed to before me this ?s day of Qe a, 1999 A. D. C?,,,,.' 7z do ? o ono r T TUCKER ARENSBERG & SWARTZ I I I NORTH FRONT STREET P.O. BOX 869 HARRISBURG, PENNSYLVANIA 17108-0889 (717) 234-4121 CONTI MORTGAGE CORPORATION : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION -LAW V. : NO. 99-5925 -CIVIL JOHN DOE and/or Tenant/Occupant, Defendant DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW, comes the Defendant, Charles J. Smeigh, by and through his counsel, Tucker Arenberg & Swartz, and files the following preliminary objections to Plaintiff s Complaint: MOTION TO STRIKE FOR FAILURE OF THE COMPLAINT TO CONFORM TO LAW OR RULE OF COURT Pa.R.C.P. 1024 requires verification of the Complaint by one or more of the parties, unless all the parties lack sufficient knowledge or information or are outside the jurisdiction of the Court and verification cannot be obtained within time allowed for filing the pleading. Verification for the Complaint in this matter was done by Mark J. Udren, Esquire, who is the attorney for the Plaintiff Corporation, and his knowledge is based on that of reports of Plaintiffs agents. 2. No where is it alleged that the Plaintiff or its principals do not have sufficient information to make the verification or that there is any problem with obtaining a verification timely. 3. Plaintiffs Complaint, therefore, must be stricken for failure to comply with Pa.R.C.P. 1024. II. MOTION TO STRIKE COMPLAINT FOR LEGAL INSUFFICIENCY OF PLEADING (DEMURRER) 4. Paragraphs 1 through 3 are incorporated as if fully set forth herein. 5. Paragraph 3 of Plaintiffs Complaint alleges the abstract of title and that the Plaintiff became owner of the property when it "was sold at Sheriffs Sale in accordance with law on September 1, 1999, and Plaintiff became owner thereof as a result of being the successful bidder and thus the purchaser at said sale, and remains real owner thereof." 6. Said Sheriffs Sale was not in accordance with the law, and Plaintiff is, therefore, not the rightful owner. At least one lien holder was not provided with notice in accordance with the law and, as such, the sale was improper. Said lien was recorded in the Cumberland County Recorder of Deeds Office prior to the September 1, 1999 Sheriff s Sale and is public information. 8. Plaintiff has not attached any document evidencing its ownership, nor has it cited a reference to publicly recorded documentation as proof of ownership. 9. Said sale was held in violation of agreement between Plaintiff and Defendant, and, therefore, not in accordance with the law. 10. Without Plaintiff being legally the owner of the premises through Sheriffs Sale, its Complaint is legally insufficient, and, as such, the Defendant demurs. II. MOTION FOR MORE SPECIFIC PLEADING 11. Paragraphs 1 through 10 are incorporated as if fully set forth herein. 12. Paragraph I of Plaintiffs Complaint indicates that the "Plaintiff is the corporation or individual named on the caption, and whose address or principal office appears in the caption." 13. Said allegation does not specify a particular type of entity that the Plaintiff is or the jurisdiction of incorporation. Further, the address listed in the caption indicates an address "in care of but does not readily state the address or principal office of the Plaintiff. 14. It is further alleged in Paragraph 5 of Plaintiffs Complaint that "Plaintiff has demanded possession of premises from Defendant(s) who have refused to deliver up the possession thereof." 15. The allegations of Paragraph 5 do not state with any specificity as to how and when such demands are made or who and how the refusals to deliver possession were made. WHEREFORE, Defendant respectfully requests this Honorable Court to strike Plaintiffs Complaint as being legally insufficient and/or failing to conform to law or rule of court, or, alternatively, to order the Plaintiff to more specifically plead the allegations in its Complaint in accordance with the above. Respectfully submitted, TUCKER ARENSBERG & SWARTZ By: ?' t Dennis R. Sh affer Attorney I.D 139182 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Dated: Attorney for Defendant, Charles J. Smeigh 23069.1 CERTIFICATE OF SERVICE AND NOW, this -5d _ day of!&-e??, 1999, PAULA J BEITER, for the firm of TUCKER ARENSBERG & SWARTZ, attorneys for Defendant, hereby certify that f have this day served the within document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 PA LA J. B ? ER Y c" I _ }4_ L1r. ? uJi:. NARK J. UDREN & ASSOCIATES BY: Nark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Conti Mortgage Corporation c/o 100 West Main St., Suite 310 Landadale, PA 19446 Plaintiff NO. 99-5925 V. John Doe Tenant/Occupant 268 Carlisle Avenue Enola, PA 17025 Defendant(s) PRAECIPE TO INDEX DEFENDANT PURSUANT TO PA.R.C.P. 410(b) (2) TO THE PROTHONOTARY: Kindly index as a Defendant, pursuant to Pa.R.C.P. 410(b)(2), Charles Smeigh, who was found in possession of the real property subject of the within action in Ejectment. Mark J. Udren & Associates Mark J. Udren, Esquire Attorney for Plaintiff z O N O? a. > ? J U , L y. r F. p J? d ? U .1 r SHERIFF'S RETURN - REGULAR CASE NO: 1999-05925 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONTI MORTGAGE CORP VS. DOE JOHN TIMOTHY REITZ , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon DOE JOHN the defendant, at 18:20 HOURS, on the 5th day of October 1999 at AND/OR TENANT/OCCUPANT 268 CARLISLE AVENUE ENOLA, PA 17025 CUMBERLAND County, Pennsylvania, by handing to CHARLES SMEIGH (OWNER) & ONLY OCCUPANT a true and attested copy of the COMPLAINT - EJECTMENT together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff Is Costs: So answers: Docketing 18.00 Service 9.30 Affidavit .00 Surcharge 8.00 1?, -K2iYiZ?5i7?z 10 K 1UD9REEN9 by u y Mie?ela Sworn and subscribed to before me this day of 19 A.D. r ? N CIV 1. d _lJ .I CJ [ N L Low Q ? V M MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Conti Mortgage Corporation c/o 100 West Main St., Suite 310 Landsdale, PA 19446 Plaintiff V. John Doe, Charles J. Smeigh, and/or Tenant/Occupant 268 Carlisle Avenue Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-5925 AMENDED COMPLAINT IN EJECTMENT PURSUANT TO Pa.R.C.P. 1028(c)(1) 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 717-249-3166 Le ban demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de Is fecha de Is demanda y Is notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a Is 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 cone tomara medidas y puede continuar la demands en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO 041VIEDIATAMENTE, 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 CONSEGUD2 ASISTENCIA LEGAL. SERVICE DE REFERENCIA E INFORMACION LEGAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 1. Plaintiff is Conti Mortgage Corporation, owner of the real property which forms the basis of this action, whose address is c/o 100 West Main Street, Suite 310, Landsdale, PA 19446. 2. Defendant(s) are those named as such on the caption, and occupy the premises (hereinafter "Premises") which address is set forth on the caption. 3. Premises, a legal description of which is attached hereto, was sold at Sheriffs Sale in accordance with law on September 1, 1999, under and by virtue of a Writ of Execution issued to satisfy a judgment entered in the Court of Common Pleas of Cumberland County, PA at the suit in mortgage foreclosure of Conti Mortgage Corporation vs Charles I SmeiR , Cumberland County, PA, No. 98-5530, and Plaintiff became owner thereof by acquiring title to said Premises as a result of being the successful bidder and thus the purchaser at said sale, and remains real owner thereof. (Abstract of Title). Plaintiff took title to the Premises subject to any and al surviving liens. 4. Plaintiff has complied with the Sheriffs conditions and/or terms of sale (public record, incorporated herein by reference as though fully set forth at length pursuant to Pa.R.C.P. 1019(g)); the Sheriffs deed in favor of Plaintiff was recorded on September 21, 1999 at Book 208, Page 55 (Abstract of Title). 5. The person(s) in possession of Premises are the Defendant(s) herein, and are occupying Premises without right or claim to title. 6. Plaintiff has demanded possession of Premises from Defendant(s) who have refused to deliver up the possession thereof. Said demand was made by way of foreclosure action entitled Conti Mortgage Corporation vs. Charles I Smeigh, Cumberland County CCP No. 98- 5530. WHEREFORE, Plaintiff demands judgment for immediate possession of Premises, issuance of a Writ of Possession and a judgment of its costs and disbursement in this action. MARK J. UDREN & ASSOCIATES Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF Sap.?2. 1999 II:26AM CH&A No-2686 P. 2/2 ALL THAT CERTAIN piece or parcel of land situate in the Township of East Peansboro, County of Cumberland and State of Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a point on the Eastern line of Carlisle Avenue, said point being One Hundred Fifty. Four (154') feet, more or less, South of the Southeast corner of the intersection of said Carlisle Avenue and Church Street, said Church Street now being known as Shady Lane; thence in an Easterly direction along the Southern line of lot number fourteen (14) a distance of One Hundred Fifty (150') feet more or less, to a point on the Western line of a public alley; thence in a Southerly direction along the Western line of said public alley, a distance of One Hundred (100') feet, more or less, to a point on the Northern line of Lot number seventeen (1?; thence Westerly along the Northern line of said Lot number seventeen (17), a distance of One Hundred Fifty (150') feet, more or less, to a point on the Eastern line of aforementioned Carlisle Avenue; thence in a Northerly direction along the Eastern line of said Carlisle Avenue, a distance of One Hundred (100') feet, more or less, to a point, the place of BEGINNING. BEING all of Lots numbered Fifteen (15) and Sixteen (16) in Block "B" on the Plan of Lots of Enola Terrace; said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 1, page 3. HAVING erected thereon a ranch-type residence known as 268 Carlisle Avenue, Enola, PA. BEING Tax Parcel N 09-12-1002-224. Received Time Sep. 22. 10:23AM Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation; that he is authorized to take this verification and does so because Plaintiff must verify through agents and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the facts set forth 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.S.C. Section 4904 relating to unworn falsification to authorities. MARK J. UDREN & ASSOCIATES Mark J. Udren, Esquire DATED: November 24, 1999 r ? RT ?Z 1 N jL la p U. U clzzzz MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Conti Mortgage Corporation c/o 100 West Main St., Suite 310 Landsdale, PA 19446 Plaintiff V. John Doe, Charles J. Smeigh, and/or Tenant/Occupant 268 Carlisle Avenue Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION C) ,n Cumberland County NO. 99-5925 c i c rn C' CZ) PRAECIPE TO DEEM DEFENDANT'S PRELIMINARY OBJECTIONS MOOT PURSUANT TO Pa.R.C.P.1028(c)(1) TO THE PROTHONOTARY: Kindly mark Defendant's Preliminary Objections moot, pursuant to Pa.R.C.P. 1028(c)(1), as Plaintiff has amended its pleading (Complaint). MARK J. UDREN & ASSOCIATES By: / "^ Mark J. Udren, Esquire Attorney For Plaintiff > ? o wn -Z G m U-' IL, h O ? 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 856-482-6900 Conti Mortgage Corporation c% 100 West Main St., Suite 310 Landsdale, PA 19446 Plaintiff V. John Doe, Charles J. Smeigh, and/or Tenant/Occupant 268 Carlisle Avenue Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-5925 CERTI LATE OF RFRVr F I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Praecipe to Deem Defendant's Preliminary Objections Moot, and Amended Complaint Pursuant to Pa.R.C.P. 1028(c)(1) upon the following person(s) named herein at their last known address or their attorney of record by: X Regular First Class Mail Certified Mail Other Date Served: -NNO)t)?r A Iggcl TO: Dennis R. Sheaffer, Esquire Tucker Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108.0889 John Doe Tenant/Occupant 268 Carlisle Avenue 268 Carlisle Avenue Enola, PA 17025 Enola, PA 17025 MARK J. UDREN & ASSOCIATES By. -- Mark J. Udren, Esquire Attorney For Plaintiff a c W c; ci<: s , 7 rig W ?- emu: N =I^ ?Z F CD i)p U v U i MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Conti Mortgage Corporation c/o 100 West Main St., Suite 310 Landsdale, PA 19446 Plaintiff V. John Doe, Charles J. Smeigh, and/or Tenant/Occupant 268 Carlisle Avenue Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-5925 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. MARK J. UDREN & ASSOCIATES Dated: November 30, 1999 By: An- Mark J. Udren, Esquire r 'MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HELL, NJ 08034 Conti Mortgage Corporation c/o 100 West Main St., Suite 310 Landsdale, PA 19446 Plaintiff V. John Doe, Charles J. Smeigh, and/or Tenant/Occupant 268 Carlisle Avenue Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-5925 I, Mark J. Udren, Esquire, hereby certify that I have served hue and correct copies of the Praecipe to Substitute Verification upon the following person(s) named herein at their last known address or their attorney of record by: X Regular First Class Mail Certified Mail Other Date Served: November 30, 1999 TO: Dennis R. Sheaffer, Esquire Tucker Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 John Doe 268 Carlisle Avenue Enola, PA 17025 Tenant/Occupant 268 Carlisle Avenue Enola, PA 17025 MARK J. UDREN & ASSOCIATES By: A Mark J. Udren, Esquire Attorney For Plaintiff q_ERIFIC,AT]ON The undmigned, the Plaintfr in the within action, or the sensing Meat ofPLmtif. . and being / ). a nktizediomakt IM3 Mmificsbon m behalf of the PW.Tb f, hereby verifies the the faro set fmlh lathe wi maction multm ff® fie tnu?vtecrosL ofthe14orlgtge held by Plaintiff in the mdiaey coume of bmem sad dtst those face arcuuc and coned to the best of thelmowledge, i» fatmeiw and belief of the tmdeaigned The undersigned tmdemandsthat thu Helmet a made aabjecm-fhe Pcahses of 1I Pa C S Section 4904 Seletiegio umxsW faWflc=im to withmitics. PWMENM CDNII MOR76ACE CORPORATION `? Nmtta q ? C u :- cC un ( J i? F" 4.? O '.'. i ?' m U Z- 1? U a H F ? a C C O Z as a CONTI MORTGAGE CORPORATION : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW JOHN DOE and/or Tenant/Occupant, Defendant : NO. 99-5925 -CIVIL DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW, comes the Defendant, Charles J. Smeigh, by and through his counsel, Tucker Arenberg & Swartz, and files the following preliminary objections to Plaintiffs Amended Complaint: 1. MOTION TO STRIKE COMPLAINT FOR LEGAL INSUFFICIENCY OF PLEADING (DEMURRER) 1. Paragraph No. 3 of Plaintiffs Amended Complaint states in part that the property in question "was sold at Sheriffs Sale in accordance with the law on September 1,1999, ... ". The record reflects that said property was listed for sale on June 9, 1999. 2. The Plaintiff has failed to allege facts regarding the requirements ofPa.R.C.P. Rules 3129.1 and 3129.2. Failure to include any allegations regarding the notice of the sale makes Plaintiffs pleading legally insufficient. 3. Paragraph 4 of Plaintiffs Amended Complaint alleges in part that "Plaintiff has complied with the Sheriff conditions and/or terms of sale ...." 4. Plaintiff has again failed to set forth factual allegations regarding the compliance with Pa.R.C.P. Rule 3129.1 and 3129.2. As such Plaintiffs Amended Complaint is legally insufficient. 5. Without compliance with Pa.R.C.P. Rule 3129.1 and 3129 2, Plaintiff cannot be the legal owner of the premises through Sheriff Sale as it alleges and therefore, the Amended Complaint is legally insufficient and as such Defendant demurs. 11. MOTION FOR MORE SPECIFIC PLEADING 6. Paragraphs 1 through 5 are incorporated as if fully set forth herein. Plaintiffs Complaint alleges that "Plaintiff is Conti Mortgage Corporation, owner of the real property which forms the basis of this action, whose address is c/o 100 West Main Street, Suite 310, Landsdale, PA 19446." 8. Said allegation does not specify the particular type of entity that Plaintiff is or the jurisdiction of incorporation. Further, the address listed is an address "in care of which does not readily state the address or principal office of the Plaintiff. 9. Plaintiffs Complaint does not provide any specific facts as to compliance with Pa.R.C.P. 3129.1 and 3129.2, as outlined in Paragraphs 1-5 above. WHEREFORE, Defendant respectfully requests this Honorable Court to strike Plaintiff s Amended Complaint as being legally insufficient, or alternatively, to order the Plaintiff to more specifically plead the allegations in its Amended Complaint in accordance with the above. Respectfully submitted, TUCKER ARENSBERG & SWARTZ By: (7E'/?i/ ?- Dennis R. Aeaffe Attorney I.D. #39182 111 North Front St., P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Dated: Z Iy y Attorney for Defendant, Charles J. Smeigh 24120.1 CERTIFICATE OF SERVICE AND NOW, this I "I 4? day of 41c" , 1999, PAULINA PATTI THOMAS, for the firm of TUCKER ARENSBERC & SWARTZ, attorneys for Defendant, hereby certify that I have this day served the within document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 PAULINA PATTI THOMAS PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argmmt Court. CAPTION OF CASE (entire caption must be stated in full) ContiMortgage Corporation VS. John Doe, Charles J. Sneigh, and/or Tenant/Occupant (Plaintiff) (Defendant) No. IiW5 Civil 19 99_- 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurer to complaint, etc.): Defendant's Preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff: Mark J. Udren Address: 1040 N. Kings Highway, Suite 500 Cherry Hill., NJ 08034 (b) for defendant: Dennis R. Sheaffer Address: 111 North Front Strret PO Box 889 Harrisburg, PA 17108-0889 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: MurK7. lidien,ts?. /? A °%°/ Cr ?~ IG ?L C cl i. 1.._ . ,':.I; _. _I (-I MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Conti Mortgage Corporation c/o 100 West Main St., Suite 310 Landsdale, PA 19446 Plaintiff V. John Doe, Charles J. Smeigh, and/or Tenant/Occupant 268 Carlisle Avenue Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-5925 PLAINTIFF'S_REPLYTO_DEFENDANT!SPRFLIMINARY-OMKCTIONS 1. Denied. This averment refers to a written document which speaks for itself. 2. Denied. This averment is denied as a conclusion of law to which no response is required. 3. Denied. This averment refers to a written document which speaks for itself. 4. Denied. This averment is denied as a conclusion of law to which no response is required. 5. Denied. This averment is denied as a conclusion of law to which no response is required. 6. Denied. No response is required to this averment. 7. Denied. This averment refers to a written document which speaks for itself. 8. Denied. This averment is denied as a conclusion of law to which no response is required. 9. Denied. This averment is denied as a conclusion of law to which no response is required. WHEREFORE, Plaintiff respectfully requests that Defendant's Preliminary Objections be overruled, in their entirety. MARK J. UDREN & ASSOCIATES By: Mark J. 11dren, 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 Conti Mortgage Corporation c/o 100 West Main St., Suite 310 Landsdale, PA 19446 Plaintiff V. John Doe, Charles J. Smeigh, and/or Tenant/Occupant 268 Carlisle Avenue Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-5925 CERTIFICATE9E-SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of Plaintiffs Reply to Defendant's Preliminary Objections and Praecipe for Listing Case for Argument upon the following person(s) named herein at their last known address or their attorney of record by: X Regular First Class Mail Certified Mail Other Date Served: /?)- /, 0Iq q TO: Dennis R. Sheaffer, Esquire Tucker Arensberg & Swartz I I 1 North Front Street P.O. Box 889 Harrisburg, PA 17108.0889 John Doe Tenant/Occupant 268 Carlisle Avenue 268 Carlisle Avenue Enola, PA 17025 Enola, PA 17025 MARK J. UDREN & ASSOCIATES By:-- - Mark J. Udren, Esquire Attorney For Plaintiff "in =? ?- u: - ivC% c3 r_; ?__:> -- - i i i C:i ?-? .? i #5 CONTI MORTGAGE CORPORATION, Plaintiff V. JOHN DOE, and/or Tenant/Occupant, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5925 CIVIL TERM CIVIL ACTION - LAW IN RFC DEFENDANT'S ERELIMINARY OBJECTIONS AND NOW, this fi2 day of MARCH, 2000, Defendant's Preliminary Objections are DENIED. By the Court, Mark J. Udren, Esquire For the Plaintiff Dennis R. Sheaffer, Esquire For the Defendant Edward E. Guido, J. 6 3 6?5 :sld PLED-CTICE Cr . , r'"'^tl-'')NOTARY 00 MAR -8 AH 9: 15 CUi?iiutu:;D CcuNTY PENNSYLVANIA P MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Require ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 Conti Mortgage corporation c/o 100 West Main St., Suite 310 Landsdale, PA 19446 Plaintiff V. John Doe Charles Smeigh and/or Tenant/Occupant 268 Carlisle Avenue Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-5925 PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff and against the Defendant(s), John Doe, Charles Smeigh, and/or Tenant/Occupant for possession of the premises appearing in the caption, for failure to file and Answer to Plaintiff's Complaint within 20 days from service thereof. I hereby certify that notice has been given in accordance with Rule 237.1, a copy of which is attaAed hereto/ JI Udren, ESQUIRE nev for Plaintiff DEFAULT JUDGMENT ENTERED AS INDICATED ABOVE: DATE: /Z IoO *PO 400THY ,t .e NARK J. ODREN & ASSOCIATES BY: Nark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Conti Mortgage Corporation c/o 100 West Main St., Suite 310 Landsdale, PA 19446 Plaintiff V. John Doe Charles Smeigh and Tenant/Occupant 268 Carlisle Avenue Enola, PA 17025 Defendant(s) DATED: March 31, 2000 TO: John Doe 268 Carlisle Avenue Enola, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-5925 IMEORTANT-NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 717-249-3166 NOTIFICACI02-INRORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SO PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 717-249-3166 I ATTY I.D. NO. 04302 1040 N. RINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 MARE J. UDREN i ASSOCIATES BYs Nark J. Udren, Require Conti Mortgage Corporation c/o 100 West Main St., Suite 310 Landsdale, PA 19446 Plaintiff V. John Doe Charles Smeigh and Tenant/Occupant 268 Carlisle Avenue Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-5925 DATED: March 31, 2000 TO: Charles Smeigh C/o Dennis R. Sheaffer 111 North Front Street Harrisburg, PA 17108-0889 IWORTANT-NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU . UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT , MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO , TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 717-249-3166 , u NOTIFICACI.OLLIMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA FOR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION , EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 iJ ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, S` O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 717-249-3166 ''`^" 11 Nark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF ATTY I.D. NO. 04302 NARK J. UDREN & ASSOCIATES 1040 NORTH KINGS HIGHWAY, SUITE 500 CHERRY HILL, NEW JERSEY 08034 (609) 482-6900 Conti Mortgage Corporation c/o 100 West Main St., Suite 310 Landsdale, PA 19446 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County V. John Doe Charles Smeigh and Tenant/Occupant 268 Carlisle Avenue Enola, PA 17025 Defendant(s) DATED: March 31, 2000 TO: Tenant/Occupant 268 Carlisle Avenue Enola, PA 17025 NO. 99-5925 IMP_ORTANTINOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 717-249-3166 NOTIFSCACION_SNPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 717-249-3166 OX l` \_ Q bar •v Y` 1 C) MARK J. UDREN 6. ASSOCIATES HY: Nark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. EI270S HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 Conti Mortgage Corporation c/o 100 West Main St., Suite 310 Landsdale, PA 19446 Plaintiff V. John Doe Charles Smeigh and/or Tenant/Occupant 268 Carlisle Avenue Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-5925 VERIFICATION OF NON-MILITARY SERVICE Mark J. Udren, Esquire, hereby verifies that he is Attorney for the Plaintiff in the above captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: That the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Charles Smeigh Age: Over 18 Residence: As captioned above Employment: Unknown DATED: q 1\0 Mark J1 Uldren, ESQUIRE ?? v- t.- . ?.._ :. ._ .,i ,? ..? _ -?? _, :i _l (, NARK J. UDREN i ASSOCIATES BY: Nark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 Conti Mortgage Corporation C/o 100 West Main St., Suite 310 Landsdale, PA 19446 Plaintiff V. John Doe Charles Smeigh and/or Tenant/Occupant 268 Carlisle Avenue Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-5925 PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter, for possession of the property captioned under Defendants above, a description of which is attached hereto: Mark ?. Udren, ESQUIRE Attor ey for Plaintiff ?eo,?2. 199911:26AM CHAA No,2686 P, 2/2 ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a point on the Eastern line of Carlisle Avenue, said point being One Hundred Fifty- Four (154') feet, more or less, South of the Southeast comer of the intersection of said Carlisle Avenue and Church Street, said Church Street now being known as Shady Lane; thence in an Easterly direction along the Southern line of lot number fourteen (14) a distance of One Hundred Fifty (150') feet more or less, to a point on the Western line of a public alley; thence in a Southerly direction along the Western line of said public alley, a distance of One Hundred (100') feet, more or less, to a point on the Northern line of Lot number seventeen (17); thence Westerly along the Northern line of said Lot number seventeen (17), a distance of One Hundred Fifty (150') feet, more or less, to a point on the Easter line of aforementioned Carlisle Avenue; thence in a Northerly direction along the Eastern line of said Carlisle Avenue, a distance of One Hundred (100') feet, more or less, to a point, the place of BEGINNING. BEING all of Lots numbered Fifteen (15) and Sixteen (16) in Block "B" on the Plan of Lots of Enola Terrace; said Plan being recorded in the Office of the Recorder of Deeds In and for Cumberland County in Plan Book 1, page 3. HAVING erected thereon a ranch-type residence known as 268 Carlisle Avenue, Enola, PA. BEING Tax Parcel N 09-12-1002-224. 1 Received Time Sep-22. 10:23AM L: ri a' (V(1 (y AC) °? 4- M O 0 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 Conti Mortgage Corporation 100 West Main St., Suite 310 Landsdale, PA 19446 Plaintiff V. John Doe and Charles Smeigh, Tenant Defendant(s) TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-5925 Please mark the judgment entered on April 13, 2000 WITHDRAWN WITHOUT PREJUDICE, as it was entered in error. Mark dren, ire Mark . Udren & Associates Attorney for Plaintiff Dated: Ap1Ljl 14 2j= * Per telephone conversation with Stephanie to add tenant. 4-25-00 jhs l\ ,' Ill V v V TUCKER ARENSBERG & SWARTZ 111 NORTH FRONT STREET P.O. BOX 889 HARRISBURG, PENNSYLVANIA 17108-0889 - (717) 234-4121 CONTI MORTGAGE CORPORATION : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW : NO. 99-5925 - CIVIL JOHN DOE and/or TenanUOccupant, Defendant NOTICE NOTICE TO DEFEND AND CLAIM RIGHTS 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paquinas siguientes, demanda y la notifrcacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte enforma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notifrcacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SURCIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA.IO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Respectfully submitted, TUCKER ARENSBERG & SWARTZ By: 'I` Dennis R. Sh affer Attorney I.D. #39182 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 2344121 Dated: / - Z7, ev Attorney for Defendant CONTI MORTGAGE CORPORATION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW : NO. 99-5925 - CIVIL JOHN DOE and/or Tenant/Occupant, Defendant Denied. After reasonable investigation, Defendant is without sufficient information to determine the truth or falsity of the allegations and as such, the same are denied and strict proof thereof is demanded. 2. Admitted. 3. Denied. It is denied that the house was sold in accordance with the law and denied Plaintiff legally took title to the Premises or rightfully became owner of the Premises. 4. Admitted in part; denied in part. It is admitted that the Sheriff's deed was recorded on September 21, 1999 at Book 208, Page 55. It is denied that Plaintiff complied with the conditions and/or terms of public sale or that the Plaintiff complied with the law in that regard. 5. Admitted in part; denied in part. It is admitted that Defendant Smeigh is in possession of the premises. It is denied that Defendant Smeigh is occupying the premises without right or legal claim to the title. 6. Admitted. NEW MATTER 7. Plaintiff Conti Mortgage and Defendant Smeigh entered into a Stipulated Repayment Plan Agreement whereby Defendant Smeigh made a $6,000 payment in return for Plaintiff Conti's agreement not to take any further action on the foreclosure proceeding. 8. Thus, the parties had an accord and satisfaction of the foreclosure action in question and the matter should not have gone forward to Sheriffs Sale such that Plaintiff Conti Mortgage has no basis to bring the present ejectment action. 9. Defendant Smeigh hereby incorporates Paragraphs 10 through 40 below and alleges that Plaintiff Conti Mortgage has perpetuated a fraud such that it obtained title to the Premises in question through that fraud, and therefore, the present action ejectment is being illegally pursued. WHEREFORE, Defendant Smeigh respectfully requests this Honorable Court to dismiss this action with prejudice and award Defendant Smeigh reasonable attomeys' fees and costs. COUNTERCLAIM 10. Paragraphs I through 9 are incorporated herein by reference. 11. Defendant Smeigh was owner of property located at 268 Carlisle Avenue, Ennis, Cumberland County. 12. Plaintiff Conti Mortgage filed a mortgage foreclosure against Defendant Smeigh and entered judgment against Defendant Smeigh. 13, Plaintiff Conti Mortgage issued a Writ of Execution and listed said property for sale at the June 9, 1999 Sheriffs Sale. 14. Counsel for Defendant Smeigh negotiated a repayment plan with Plaintiff Conti Mortgage on June 8, 1999 whereby Defendant Smeigh remitted a $6,000 payment and signed a repayment agreement drafted by Plaintiff Conti Mortgage that outlined a schedule of 13 payments over 13 months. See Stipulated Repayment Plan Agreement of June 8, 1999 (hereinafter 'Repayment Agreement') marked as `Exhibit A'. 15. The Repayment Agreement states in part "Whereas the Borrower has requested that Lender refrain from instituting, or place in abevance, as the case may be, foreclosure proceedings, ...." See Exhibit A, page 1. (emphasis added). Said Agreement further states in part "Lender will only hold off from instituting or place current foreclosure proceedings in abevance, as the case may be, as long as Borrower makes the down payment and all combined payments in accordance with this Agreement." See Exhibit A, paragraph 3. (emphasis added). 16. The Repayment Agreement was signed by Jarvis Wyatt, Forbearance Coordinator, Loss Mitigation Department, Conti Mortgage, Corporation, and Defendant Smeigh on June 8, 1999. See Exhibit A, page 3. 17. On June 8, 1999 Cumberland County Sheriffs Office received a facsimile transmission from Plaintiff Conti Mortgage's attorney instructing it to continue the Sheriffs sale on the 268 Carlisle Avenue property to September 1, 1999. See facsimile marked as 'Exhibit B'. 18. Neither Defendant Smeigh nor his attorneys were notified of the relisting of the Premises for Sheriffs Sale on September 1, 1999. Neither Defendant Smeigh nor his attorneys were provided copies of the June 8, 1999, facsimile transmission from Plaintiffs attorney to the Cumberland County Sheriff. 19. Defendant Smeigh's house was sold at the September 1, 1999 Sheriff's Sale to Plaintiff Conti Mortgage. COUNT I-FRAUD 20. Paragraphs 1 through 19 are incorporated herein by reference. 21. As a result of the language in the aforementioned repayment plan, specifically the term "abeyance", Defendant Smeigh relied on the agreement such that the lender, Plaintiff Conti Mortgage, would not take any action to sell the house at Sheriffs Sale. 22. According to Black's Law Dictionary, the term `abeyance' is defined as "...A condition of being undetermined or in the state of suspension or inactivity." (emphasis added). 23. Defendant Smeigh's reliance on the validity of the repayment plan rendered him unaware that Plaintiff Conti Mortgage would actively relist the property for the next Sheriffs Sale and facsimile to the Cumberland County Sheriffs Office to do so. 24. Counsel for Plaintiff Conti Mortgage failed to advise Defendant Smeigh or his counsel of its relisting the Premises for the September 1, 1999 Sheriff's Sale. 25. Although the September 1, 1999, Sheriffs Sale was within the 100-day notice period of the first notice of sale from the original June 9, 1999, Sheriff's Sale, Defendant Smeigh relied on the repayment agreement such that the Plaintiff Conti Mortgage would not actively relist the Premises for the September 1, 1999 sale. 26. Defendant Smeigh was not aware of the Premises being sold at the September 1, 1999 Sheriffs Sale until he was served with the present action in ejectment filed by Plaintiff Conti Mortgage. 27. As a result of Defendant Smeigh's reliance on the repayment agreement and the omission of notice of Plaintiff Conti Mortgage's intent to relist the Premises for the sale on September 1, 1999, Defendant Smeigh suffered actual damages in that his house was sold without notice to him or his counsel and Defendant Smeigh was unable to move to stop the sale or move to have the sale set aside within the procedurally allotted time period. 28. Rule 3132 of the Pennsylvania Rules of Civil Procedure provides that upon petition of a party, a court may set aside the sale and order a resale or enter any other order which may be just and proper under the circumstances. Pa.R.C.P. No. 3132. 29. In light of the fraudulent circumstances by which Defendant Smeigh's house was sold after he signed a repayment agreement and without proper notice of the relisting of the Premises for sale at the September 1, 1999, Sheriff s Sale, the sale should be set aside. 30. Defendant Smeigh has incurred substantial attorneys' fees and costs in defense of this ejectment action. WHEREFORE, Defendant Charles J. Smeigh, requests that this court set aside the sale of the 268 Carlisle Avenue property due to the fraudulent omissions of Plaintiff Conti Mortgage and Defendant's detrimental reliance on the aforementioned repayment agreement. Plaintiff Conti Mortgage should pay Defendant Smeigh's reasonable attorneys' fees, costs and other damages as this Court deems proper. 5 COUNT II 31. Paragraphs 1 through 30 are incorporated herein by reference. 32. Act 6 of 1974 requires that before a residential lender commences legal action to foreclosure to recover upon a debt, notice of such intention shall be given to the debtor at least thirty days in advance of the sale. 41 Pa.C.S.A. S 403 (1999). 33. Plaintiff Conti Mortgage failed to give notice to Defendant Smeigh of the sale after the Stipulated Repayment Plan Agreement was entered into by the parties. 34. At the time Plaintiff Conti Mortgage instructed the Cumberland County Sheriff's Office to relist the Premises for Sheriff's Sale to September I, 1999, Defendant Smeigh was not in default, nor was he given notice of any intention to foreclosure and sale subsequent to signing the Stipulated Repayment Plan Agreement. WHEREFORE, Defendant Charles J. Smeigh respectfully requests that this Court find that the Plaintiffs failure to give notice to the Defendant violated Act 6 and set aside the Sheriffs Sale of the Premises, award reasonable attorneys' fees, costs and other damages that this Court deems proper. COUNT III VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 35. Paragraphs 1 through 34 are incorporated herein by reference. 6 36. Section 201.3 of the Unfair Trade Practices and Consumer Protection Law provides that unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce as defined by the act are unlawful. 73 Pa.C.S.A. S 201-3 (1999). 37. Section 201-2 (4) (xxi) of the Unfair Trade Practices and Consumer Protection Law defines `unfair methods of competition' and `unfair or deceptive acts or practices' as "engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding." 73 Pa. C.S.A. S 201-2 (4) (xxi) (1999). 38. Section 201-9.2 of the Unfair Trade Practices and Consumer Protection Law entitles consumers to pursue a private cause of action. Relevant parts of the statute are as follows: (a) Any person who purchases or leases goods or services primarily for personal, family or household purposes and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by any person of a method, act or practice declared unlawful by section 3 of this act, may bring a private action to recover actual damages or one hundred dollars, whichever is greater. The court may, in its discretion, award up to three (3) times the actual damages sustained ... as it deems necessary or proper. The court may award to the plaintiff in addition to other relief provided in this section, costs and reasonable attorney fees. 39. It is believed and therefore averred that Plaintiff Conti Mortgage's conduct in omitting to notify Defendant Smeigh of the relisting of the Premises for Sheriffs sale on the same day as the parties signed the repayment plan amounts to fraudulent activity that created confusion and misunderstanding regarding the impending Sheriffs Sale on September 1, 1999. 40. As a result of Plaintiff Conti Mortgage's fraudulent activity, Defendant Smeigh had no notice of the September 1, 1999 sale and therefore was unable to cure any default, stop the foreclosure or sale, or to move to set aside the sale within the statutorily required time. WHEREFORE, Defendant Charles J. Smeigh, respectfully requests that this Court find that Plaintiff Conti Mortgage violated the Unfair Trade Practices and Consumer Protection Law and set aside the Sheriffs Sale, award Defendant Smeigh treble damages, reasonable attorneys' fees, costs and other damages that this Court deems proper. Respectfully submitted, TUCKER ARENSBERG & SWARTZ By: Dennis R. Sl eaffer Attorney I.D. #39182 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Dated: 7- dV Attorney for Defendant 26926.1 VERIFICATION I, the undersigned, CHARLES SMEIGH, do hereby certify that I am a PLAINTIFF in the foregoing action, and that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. DATE: ?' Z S 00 S-'? Z=:= ? CHARLES SMEIGH CERTIFICATE OF SERVICE AND NOW, this - day of ?. 2000, PAULA I BETTER, for the firm of TUCKER ARENSBERG & SWARTZ, attorneys for Defendant, hereby certify that I have this day served the within document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Mark J. Udren, Esquire Mark J. Udren & Associates 1040 North Kings Highway, Suite 500 Cherry Hill, NJ 08034 PAULA I BEI R EXHIBIT "A 00/08/99 Tl1E 08:88 FAX CONTI COLLECT ®002. M One ContiPark , 398 S. Warminster Road • Hatboro, PA 19003430 (888) 820.3411 Asset Management Department FILE COPY STIPULATED REPAYMENT PLAN AGREEMENT THIS AGREEMENT made as of the June 7,1999, by and between ContiMottgage Corporation, a corporation organized under the laws of the state of Delaware, with its principal place of business at One ContiPark, 338 South Warminster Road, Hatboro, Pennsylvania 19040-3430 (hereinafter the "Under').-and Charles J. Smeigh whose mailing address is 268 Carlisle Ave., Enola, PA 17025 (hereinafter the "Borrower'); and WHEREAS, Lender is owner and holder or servicing agent of a certain note dated October 8, 1997, (the "Note') and a related deed of trust/mortgage dated October 8, 1997, ("Security Instrument") made and executed or assumed by the Borrower known as account # 5648878 (the "Account'). WHEREAS, the Borrower has failed and omitted to make regularly scheduled monthly payments under the Note thereby placing the Note in default; WHEREAS, the Lender has instituted or is about to institute, as the case may be, foreclosure proceedings pursuant to the Note and Security Instrument; WHEREAS, the Borrower has requested that Lender refrain from instituting, or place in abeyance, as the case may be, foreclosure proceedings, until Borrower can bring the Account into a current status; and WHEREAS, the Lender is willing to refrain from instituting or is willing to place the foreclosure proceedings in abeyance, as the case may be, only upon specific conditions and stipulations herein set forth, A. s~ NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, Lender and Borrower agree as follows; 1. The total amount needed to bring the Account current through and including the September 1, 1999, payment is the following sum: 19 payments at $808.02 $15,352.38 Late Charges Due: $ 767.60 Other: Advances (Estimated) $ 2,254,04 Total Arrears Due.- $18,374.02 ® Primad . .9thd pp.,. at 00/08/99 TUE 09:88 1TX/RX NO 83281 IM002 oe/as/aa TUE 08:88 FAX CONTI COLLECT 0003 G6ntiMort9g9 One ContiPark • 888 S. Warminster Road • Hatboro, PA 19040.9490 (888) 8203411 Asset Management Department 2. Beginning on June 8, 1999, Borrower shall start making regularly scheduled monthly payments under the Note along with a scheduled portion of the Total Arrears Due(the "Combined Payments'). A down payment must also be paid. The down payment along with the Combined Payments are as follows: Amount Due Date Payments $6,000.00 Due 6/8/99 $ down payment along with signed agreement $808.02 Due 7/30/99 $ 808.02 payment, $0 ar:ears,$0 late charges $808.02 Due 8/31/99 $ 808.02 payment, $0 arrears,$0 late charges $1,658.23 Due 9/30/99 $808.02payment, $850.2lanears,$01ateeharges $1,658.23 Due 10/29/99$808.02paynient, $850.2lanears,$Olatecharges $1,658.23 Due 11129/99 $808.02payment, $850.21arrears,$01atecharges $1,658.23 Due 12/31/99 $808.02payment,$850.21anears,$Olateeharges $1,658.23 Due 1/31/00 $808.02payment,$850.2larrears,$Olatecharges $1,658,23 Due 2/25/00 $808.02payment,$850.2larmars,$Olateeharges $1,658.23 Due 3/31/00 $808.02payment,$850.2larrears,$Olatecharges $1,658.23 Due 4/28100 $808.02payment,$850.2larr=s,$Olatecharges $1,658.23 Due 5/31/00 $808.02payment,$850.2lanears,$Olatecharges $1,658.23 Due 6/30/00 $808.02payment,$850.2lanears,$Olatecharges $1,658.23 Due 7/29/00 $808.02payment,$850.2Ianears,$Olatecharges 3. By entering into this Agreement, Lender is not waiving any rights under the Note or Security Instrument which shall continue in full force and effect. Lender will only hold off from instituting or place current foreclosure proceedings in abeyance, as the case may be, as iong•'as the Borrower makes the down payment and all Combined Payments In accordance with this Agreement. Lender will discontinue the pending foreclosure upon (1) receipt of all of the down payment and all Combined Payments in accordance with this Agreement and (ii) the return of the account to a current status for principal and interest. 4. All money paid to Lender during the term of this Agreement is not refundable. 5. AB money paid to ContiMortgage during the term of this Agreement must be In certified funds. 6. All payments under this Agreement are due on or before the due dates. There is no grace veriod under the Plan for any payments. 7. Proof of current Real Estate taaea must be provided prior to conclusion of the repayment agreement. ® rn.md.n raydl d p.pv. %D 00/08/00 TUE 00:88 [TX/RX NO 83281 1M003 08/08/99 TUE o8:89 FAS CONTI COLLECT 0004 COY1t]M01tgggrB One ContiPark • 338 S. Warminster Road • Hatboro, PA 19040.3430 (888) 820.3411 Asset Management Department 8. Upon completion of the above-referenced plan, your account will be current for principal and interest on July 31, 1999. Your regularly scheduled monthly payments under the Note will resume after all advances and fees owed in connection with the default of the Note are amortized over a mutually agreed period of time. 9. Ali of the provisions of the Note and Security Instrument, except herein provided, shall remain in full force and effect. Upon the breach of any provision of this Agreement, we may terminate this Agreement and, at our option, institute or continue with foreclosure proceedings, as the case may be, without further notice, according to the terms of the Note and Security Instrument without regard to this Agreement and without the necessity of re-issuing any notice under Act 6 of 1974 or Act 1993. please sign the enclosed original Agreement and return it immediately. If this Agreement is not returned and signed within five (5) days of receipt of this Agreement, this Agreement shall be null and void. ContiMortgage will proceed accordingly to protect its vested interest. Loan Number: # 5648878 ContiMortgage Corporation I/we agree to all terms as set forth in this Agreement: S' ly, c J s Wyatt orbearanco Coordinator Loss Mitigation Department ContiMortgage Corporation Accepted and agrccd:? _day of 19 x 6 _ X (CLi"a -9 na? Charles J. Smeigh Date 9 a s ® PH-t-d an recj.IM paper, 08/08/09 TUE 09:88 (TX/RX NO 83281 IA004 O p m CS O I^ O WG O O rn Hj I O O Q Li a N 0 bo r ft 00 ti 00 w? o v in cc M U N 00 H $4 •_• 01 W _? m u? ? ? h o- N o ?, J 00 o U NZ (j 14 3c Ad o S1 C rr " E u' 7 • yu? WO u. 0 0 H = pa FL W • • r y s fg }? iC a ?. ?y in ,JF1 tF?. "a EXHIBIT "B 11 11-05-1999 12:47 717 240 6396 CUMBERLAND-CO. SHERIF P.02 Jun. 6. 1999 2:OOPM CH&A No•2705 P. I FAX TRANSMISSION CONKROE9 13JNG t ASSOCIATJW 1700 MAnaT 3Tn[er, su1R 1400 rq(Lb9L/MIA, ?A 19 107 (2110) 309-0400 F"; (a I s) ses.6560 To. AW S/mn° bek: June 9, 1999 Camberkind County Sherry Office FMO. 717.240-6397 P4140. 1, including 16enu Sbe cover sheet SebJee' CONMUS SHEMPF'S SALT MESSAGE: Rs: Sale Date; June 9, 3.999 Writ/Crt. No: 98-5530-Civil Address; 268 Carlisle Ave. Please continue the Sheritlls Sale in the above captioned flatter to SiPTRID3P1! 1, 1999. If applicable, there will be additional interest good through the new date in the amount of 02,770.73. 11/05/00 FRI 12:32 [TX/RX NO 51291 IA002 i[l > f•, __ "1 1 ? I .._ ; _.. ? .i MARK J. UDREN & ASSOCIATES BY: Mark J. Udreu, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Conti Mortgage Corporation c/o 100 West Main St., Suite 310 Landsdale, PA 19446 Plaintiff V. John Doe, Charles J. Smeigh, and/or Tenant/Occupant 268 Carlisle Avenue Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-5925 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MAZER BAND ANSWER TO O 1NTFR .AiMC NEW MATTER 7. Denied. This averment refers to a written document, which writing speaks for itself. 8. Denied. This averment is denied as a conclusion of law to which no response is required. 9. Denied. This averment is denied as a conclusion of law to which no response is required. WHEREFORE, Plaintiff prays and respectfully requests that the Honorable Court deny and dismiss, with prejudice, Defendant's New Matter, and award judment in Plaintiffs favor as prayed for in its Complaint. C0UNTERCLAIK 10. Denied. This averment does not require a response. 11. Admitted. 12. Admitted. 13. Admitted. 14. Denied. This averment refers to a written document, which writing speaks for itself. 15. Denied. This averment refers to a written document, which writing speaks for itself. 16. Denied. This averment refers to a written document, which writing speaks for itself. 17. Denied. This averment refers to a written document, which writing speaks for itself. 18. Denied. This averment is denied as a conclusion of law to which no response is required. 19. Admitted. WHEREFORE, Plaintiff prays and respectfully requests that the Honorable Court deny and dismiss, with prejudice, Defendant's Counterclaim, and award judment in Plaintiffs favor as prayed for in its Complaint. COUNT --FRAUD 20. Denied. No response is required to this averment. 21. Denied. This averment is denied as a conclusion of law to which no response is required. 22. Denied. This averment is denied as a conclusion of law to which no response is required. 23. Denied. This averment is denied as a conclusion of law to which no response is required. 24. Denied. This averment is denied as a conclusion of law to which no response is required. 25. Denied. This averment is denied as a conclusion of law to which no response is required. 26. Denied. This averment is denied as a conclusion of law to which no response is required. 27. Denied. This averment is denied as a conclusion of law to which no response is required. 28. Denied. This averment is denied as a conclusion of law to which no response is required. By way of further Reply, Defendant has failed to file such a Petition in the foreclosure action, and is improperly seeking relief pursuant to Pa.R.C.P. 3132 via Counterclaim in the ejectment action. 29. Denied. Plaintiff incorporates its response to Paragraph 28 above as if set forth herein at length. 30. Denied. This averment is denied as a conclusion of law to which no response is required. WHEREFORE, Plaintiff prays and respectfully requests that the Honorable Court deny and dismiss, with prejudice, Defendant's Counterclaim, and award judment in Plaintiffs favor as prayed for in its Complaint. COUNT 11- V101ATION 0ENOTICEOF TNT ENTION_T0 FORECLOSURE REQUIREMENTS OEACT 6,4LRa C.S.A._§403-(W-9) 31. Denied. No response is required to this averment. 32. Denied. This averment is denied as a conclusion of law to which no response is required. 33. Denied. This averment is denied as a conclusion of law to which no response is required. 34. Denied. This averment is denied as a conclusion of law to which no response is required. WHEREFORE, Plaintiff prays and respectfully requests that the Honorable Court deny and dismiss, with prejudice, Defendant's Counterclaim, and award judment in Plaintiffs favor as prayed for in its Complaint. COUNT iii- OIATION OE-M-UNFAER TRADE MACTICESAIM-CD-NSUAIER PROTECTIONI.A-W 35. Denied. No response is required to this averment. 36. Denied. This averment is denied as a conclusion of law to which no response is required. 37. Denied. This averment is denied as a conclusion of law to which no response is required. 38. Denied. This averment is denied as a conclusion of law to which no response is required. 39. Denied. This averment is denied as a conclusion of law to which no response is required. 40. Denied. This averment is denied as a conclusion of law to which no response is required. WHEREFORE, Plaintiff prays and respectfully requests that the Honorable Court deny and dismiss, with prejudice, Defendant's Counterclaim, and award judment in Plaintiffs favor as prayed for in its Complaint. MARK J. UDREN & ASSOCIATES By: Mark J. U en, 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 856-482-6900 Conti Mortgage Corporation c/o 100 West Main St., Suite 310 Landsdale, PA 19446 Plaintiff V. John Doe, Charles J. Smeigh, and/or Tcnant/Occupant 268 Carlisle Avenue Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-5925 1, Mark J. Udren, Esquire, hereby certify that I served a true and correct copy of Plaintiffs Reply to Defendant's New Matter and Answer to Counterclaims 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: June 23, 2000 TO: Dennis R. Sheaffer, Esq. Tucker, Arensberg & Swartz 111 North Front Street, PO Box 889 Harrisburg, PA 17108-0889 John Doe and/or Tenant/Occupant 268 Carlisle Avenue Enola, PA 17025 MARK J. UDREN & ASSOCIATES By: Z?? Mark J. Udren, Esquire Attorney for Plaintiff 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 856-482-6900 Conti Mortgage Corporation = COURT OF COMMON PLEAS c/o 100 West Main St., CIVIL DIVISION Suite 310 = Cumberland County Landsdale, PA 19446 Plaintiff V. John Doe, Charles J. Smeigh, and/or Tenant/Occupant 268 Carlisle Avenue Enola, PA 17025 Defendant(s) NO. 99-5925 CERTIFICATE OE SERVICE I, Mark J. Udren, Esquire, hereby certify that I served a true and correct copy of Plaintiffs Reply to Defendant's New Matter and Answer to Counterclaims 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: June 23, 2000 TO: Dennis R. Sheaffer, Esq. Tucker, Arensberg & Swartz 111 North Front Street, PO Box 889 Harrisburg, PA 17108-0889 John Doe and/or Tenant/Occupant 268 Carlisle Avenue Enola, PA 17025 MARK J. UDREN & ASSOCIATES By: Mark J. Udren, Esquire Attorney for Plaintiff ). Q7 U7 F r `? = rA LLi J... T- itlW C:3 CL. NARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Conti Mortgage Corporation c/o 100 West Main St., Suite 310 Landsdale, PA 19446 Plaintiff V. John Doe Charles Smeigh and/or Tenant/Occupant 268 Carlisle Avenue Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-5925 PRAECIP"O_NARK SETTLED,-DIS.CONTINQED_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: Augusts 5_,_2000. - _ Fn L'• i LLI CO .J CD U