HomeMy WebLinkAbout99-06368MARK J. UDREN Q ASSOCIATES ATTORNEY FOR PLAINTIFF
BY: Mark J. Udren, Require
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
609-482-6900
Chase Bank of Texas, N.A., f/k/a COURT OF COMMON PLEAS
Texas Commerce Bank, N.A., as ;CIVIL DIVISION
custodian ;Cumberland County
One Ridgmar Centre
6500 West Freeway, Suite 400
Fort Worth, Tx 76116
Plaintiff
V.
Gigi McDade qq ?00
840 Erford Road' NO.
o
Camp Hill, Pa 17011
Defendant(s)
COMPLAINT IN MORTGAGE FORECLOSURE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20)
days after this Complaint and Notice are served, by entering a written
appearance personally or by attorney and filing in writing with the Court
your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further notice
for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYERS REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pa 17013-3387
717-249-3166
AVISO
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 an persona o con un abogado
y entregar a la torte en forma escrita sue defensas o sus objeciones a
las demandas en contra de su persona. Sea avisado que si usted no as
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 qua usted cumpla con todas las
provisiones de esta demanda. Usted puede perder dinero o sus propiedades
u otros derechos importantes para usted.
_LLEVE EST_A DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENB ABOGADO 0 SI
NO TIENE hL DINERO SUPICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0
MAKE POR TELEPONO A LA OPICINA CUYA DIRECCION BE ENCUENTRA BSCRITA ABAJO
PARA AVERIGUAR DONDE BE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pa 17013-3387
717-249-3166
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 nod 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: Saxon Mortgage, Inc.
Assignee: Chase Bank of Texas, N.A.,
f/k/a Texas Commerce Bank, N.A., as custodian
Recording Date: 12/26/97 Book: 565 Page: 371
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: 840 Erford Road
MUNICIPALITY/TOWNSHIP/BOROUGH: East Pennsboro Township
COUNTY: Cumberland
DATE EXECUTED: 12/18/97
DATE RECORDED: 12/26/97 BOOK: 1423 PAGE: 978
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)
(b)
6.
9/8/99:
by failing or refusing to pay the installments of principal
and interest when due in the amounts indicated below;
by failing or refusing to pay other charges, if any, indicated
below.
The following amounts are due on the said Mortgage as of
principal of debt due and unpaid
interest at 13.75%
from 5/1/99 to 9/8/99
(the per diem interest accruing on
- this debt-is-$21.20 and thatsum
should be added each day after
9/8/99)
Title Report
Court Costs (anticipated, excluding
Sheriff's Sale costs)
Escrow Overdraft/(Balance)
h account
(e.57 monthly and escrow that o sum should
is $102
be added on the first of each
month after 9/8/99)
Late Charges
(monthly late charge of $34.02
should be added on the fifteenth of
each month after 9/8/99)
Other fees
Attorneys Fees (anticipated and actual
to 5% of principal)
TOTAL
$56,266.81
2,896.85
250.00
280.00
396.81
577.34
2,481.95
2,813.34
$65,963.10
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
vki
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 $65,963.10, plus interest, costs and
- I- attorneys - -fees as more fully set forth inthe Complaint, .and -for
foreclosure and sale of the Mortgaged premises.
M rk J. Udren, ESQUIRE
MARK J. UDREN & ASSOCIATES
Attorney for Plaintiff
Attorney I.D. No. 04302
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This No. 13474
SCHEDULE "C.
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land situ,"' M the Township or Ent Pennsboro, Cumberland County,
Pennsylvania, more particularly bounded and described In accordance with a survey by Ernest J. Walker,
Professional Engineer, dated April 1, 1976, as fonows:
Beginning 1 e point on the Southwestern line of Erford Road at the line of dividing Lots Nov. 13 end 13X on the
herelnaflet mentioned Nan of Lots. tall point also being 192.50 feet In a Southwesterly direction from David
Drive; thence along Erford Road South 48 degrees 50 minutes Ent 37.5 feet to the line dividing Lots No. 13X
and 14; thence along the "me South 43 degrees 10 minutes West 105 feet to a point; thence North 46 degrees
. 50 minutes West 37.6 test to the Inn dMAing Lou Noe. 13 and 13X; thence along the some North 43 degrees
10 minutes East 105 last to the point of BEGINNING. .
BEING Lot No. 13X on Nan No. 10 of Ridley Park as recorded In the Cumberland County Recorder's Office in Plan
Book 21, Page 97. j
HAVING THEREON ERECTED a dwelling houses known as No. li40 Word Rood. '
BEING THE SAME PREMISES which Redd A.wW Joanne T.. SegMmer by deed dated April 24, 1987 and
recorded April 24, 1967 In the Recorder of Deeds Office In end for Cumberland County. Pennsylvania In Deed
Book P, Volume 32, Page 883 conveyed unto Pin Hui Kuo and Kuel Ying Kuo alkle Ying Kual Kuo aA/a Wang Kwl
Ying. r
t
Date: August 9, 1999
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR ROME FROM
FORECLOSURE
This is an official notice that the mortgage on Your home is in default and
the lender intends to foreclose. Specific information about the nature of the
default is provided in the attached paves
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM
(HEMAP) may be able to heln to save your home This Notice explains how the
proeram works.
To see if HEMAP can help, you must MEET WITH A CONSUMER
CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF
THIS NOTICE. Take this Notice with you when you meet with the Counseling
Agency.
The name, address and phone number of Consumer Credit Counseline
Agencies serving your County are listed at the end of this Notice If you have
any questions, you may call the Pennsylvania Housing Finance Agency toll free
at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to
help explain it. You may also want to contact an attorney in your area. The
local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES
AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO
COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA
TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENCIA
Page I of 6 EXHIBIT A
'(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL
NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE 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 REDIMIR SU
HIPOTECA.
HOMEOWNER'S NAME(S): Gig McDade
PROPERTY ADDRESS: 840 Erford Road, Camp Hill, Pa 17011
LOAN ACCT. NO.: 010012556,
ORIGINAL LENDER: Saxon Mortgage, Inc.
CURRENT LENDER/SERVICER: Meritech mortgage Services, Inc.
HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY
MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUHtEMENTS ESTABLISIIED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time, you must
ammge and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the
end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT f301 DAYS IF YOU DO
NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR
MORTGAGE UP TO DATE THE PART OF THIS NOTICF CALLED "HOW TO CURE YOUR
MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE P TO DATE
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit
counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty
(30) days after the date of this meeting. The names, addresses, and telephone numbers of designated
consumer credit counseling agencies for the county in which the property is located are set forth at the end
of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender Immediately
of your intentions.
Page 2 of 6
APPLICATION FOR MORTGAGE 4SSISTANCF - Your mortgage is in default ror the reasons set
forth later in this Notice (see following pages for specific information about the nature ofyour default.) If
you have tried and arc unable to resolve this problem with the lendcr, you have the right to apply for financial
assistance from the I rontcowner's Emergency Mortgage Assistance Program. To do so, you must fill out,
sign and file a completed Ilomcownces Emergency Assistance Program Application with one of the
designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU
DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance arc very limited. They will be
disbursed by the Agency tinder the eligibility crilcria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that 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 the Pennsylvania Housing Finance Agency of its decision on your
application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A
PETITION IN BANKRUPTCY, THE FOLLOWING PART OFTIIIS NOTICE IS
FOR INFORNIATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED
AS AN ATTEMPT TO COLLECT THE DEBT.
(Iryou have filed bankruptcyyou an still apply for Emergency Mortgage Assistance.)
YO
?T
NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lendcr on your property located
at: 840 Erford Road, Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTI ILY MORTGAGE PAYMENTS for the following months and
the following amounts are now past due:
3 payments @ $783.00
(6/99 - 8/99)
$2,349.00
Late Charges/Accrued Laic Charges Due $543.32
Other Charges (Miscellaneous Fees) $2,316.95
TOTAL AMOUNT PAST DUE: $5,029.2
YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable):
N/A
HOW TO CORE THE DEFAULT- You may cure the default within TI IIRTY (30) DAYS of the date of
this notice BY PAYING'rl1E'1'O'rAI,AJIOUN7' PAST DUE TO THE LENDER, WI IICI I IS $5,029.27,
JPage 3 of 6
PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH ECOME DUE DURING THE
THIRTY (30) DAY PERIOD. Payments must he made either by cash cashier's check certified check
or money order made payable and sent to:
Louis P. Vitti, Esquire
LOUIS P. VITTI & ASSOCIATES, P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this
letter: N/A (DO NOT USE IF NOT APPLICABLE)
IF YOU DO NOT CURE. THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS
of the date of this Notice, the lender intends to exercise Its riehts to accelerate the mort a e debt This
means that the entire outstanding balance of this debt will be considered due immediately and you may lose
-^ the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
foreclose upon your morteneed property.
IF TUF MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff
to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency
before the lender begins legal proceedings against you, you will still be required to pay the reasonable
attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against
you, you will have to pay all reasonable attorney's fees actually incurred by the lender, even if they exceed
550.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other
reasonable costs. If vou cure the default within the THIRTY 00) DAY neriod you will not be required
to nay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance
and other sums due under the mortgage.
rcn.ri r r U UUM, I HE V EFAIJUIr PRIOR TO SHERIFF'S SAL F - If you have riot cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, You still have the right to
cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by
paving the total amount then past due, plus any late or other charges then due reasonable attorney's fees and
costs connected with the foreclosure sale and any other costs c;Mnecied with the Sheriffs ale as pecificd
in writing by thelenderandbyperforming anyother requirements-under themortgage. Curing your default
In the manner set forth In this Notice will restore your mortgage to the same position as if you had
never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE, DATE. - It is estimated that the earliest date that such a
Sheriffs Sale of the mortgaged property could be held would be approximately 4-5 months from the date
of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Ofcourse,
the amount needed to cure the default will increase the longer you wait. You may find out at any time
exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACTTHE LENDER:
Meritech Mortgage Services, Inc.
One Ridgmar Centre
6500 West Freeway, Suite 400
Fort Worth, TX 76116
Foreclosure Dept.
(800)874-9516
%Paue,t of 6
EFFECT OF SHERIFF'S SALE - You should realize (lint a Sheriffs SaleWould end your ownership of
the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs
Sole, a lawsuit to remove you and your fumishings and other belongings could be started by the lender at any
time. '
ASSUMPTION OF MORTGAGE - You may or may not be able to sell or transfer your home to a buyer
or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and
altomey's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are
satisfied. (Please contact the lender to find out if this option is available to you under your mortgage and
note.)
YOU MAY ALSO HAVE THE RIGHT.
• f0 SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (I IOWEVER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES M ANY CALENDAR
YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
HEMAP Counseling Agencies in
Cumberland County
CCCS of Western Pennsylvania, Financial Counseling Services of
Inc. Franklin
2000 Linglestown Road 31 West 3rd Street
Harrisburg, PA 17102 Waynesboro, PA 17268
(717) 541-1757 (717)762.3285
Urban League of Metropolitan YWCA of Carlisle
Harrisburg 301 G Street
2107 N. 6th Street Carlisle, PA 17013
1larrisburg, PA 17110 (717) 243.3818
(717) 234-5925 FAX (717) 731-9589
FAX (717) 234.9459
xPage 5 of 6
r
Community Action Commission of the Adams County Housing Authority
Capital Region 139-143 Carlisle Street
1514 Derry Street r Gettysburg, PA 17325
Harrisburg PA 17104 (717) 334-1518
(717) 232.9757 FAX (717) 334.8326
FAX (717) 234-2227
Page 6 of 6
V E_R I_E I C-AT I..O_N
Mark J. Udren, Esquire, hereby states that he is the attorney for
the Plaintiff, a corporation unless designated otherwise; that he is
authorized to take this verification and does so because of the
exigencies regarding this matter, and because Plaintiff must verify much
of the information through agents, and because he has personal knowledge
of some of the facts averred in the foregoing pleading; and that the
statements made in the foregoing pleading are true and correct to the
best of his knowledge, information and belief and the source of his
information is public records and reports of Plaintiff's agents.' The
undersigned understands that this statement herein is made subject to the
penalties of le Pa.C.S. Section 4904 relating to unsworn falsification
to authorities.
Mark J. Udren, ESQUIRE
MARK J. UDREN & ASSOCIATES
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-06368 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE BANK OF TEXAS N A ET AL
VS.
MCDADE GIGI
CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon MCDADE GIGI the
defendant, at 18:34 HOURS, on the 21st day of October ,
1999 at 840 ERFORD ROAD
CAMP HILL PA 17011 CUMBERLAND ,
County, Pennsylvania, by handing to GIGI MCDADE
a true and attested copy of the COMPLAINT - MORT FORE ,
together with NOTICE ,
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00
Service 9.30
Affidavit .00
Surcharge 8.00
07K J. 99REN
b ?//
Sworn and subscribed to before me
this ,?44_day ofd
19-jt?_ A.D.
,
67 61
_` 'mgr
.d
Chase Bank of Texas, N.A.
F/k/a Texas Commerce Bank N.A.
As custodian
-vs-
Gigi McDade
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 99-6368 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ
is returned STAYED.
Sheriff's Costs:
Docketing 30.00
Poundage 2.64
Law Library .50
Posting Bills 15.00
County 1.00
Levy 15.00
Postpone Sale 20.00
Surcharge 16.00
Mileage 9.30
Share of Bills 25.08
$ 134.52 Pd by atty
01/06/00
so-t?s)veJ?.? ?,.
Sworn and subscribed to before me
This ;?i day of a.
r thonotary R. Thomas Kline, Sheriff
1999,A.D. 4P
BY&?? A7
Real Estate Deputy
1.? YLa1bs`I
??. 90 v 3r
MARK J. UDREN 4 ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, Na 08034
609-482-6900
ATTORNEY FOR PLAINTIFF
Chase Bank of Texas, N.A.,
f/k/a Texas Commerce Bank,
N.A., as custodian
One Ridgmar Centre
6500 West Freeway, Suite 400
Fort Worth, Tx 76116
Plaintiff
V.
Gigi McDade
840 Erford Road
Camp Hill, Pa 17011
'COURT OF COMMON PLEAS
:CIVIL DIVISION
:Cumberland County
MORTGAGE FORECLOSURE
:NO. 99-6368
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129.1
Chase Bank of Texas, N.A., f/k/a Texas Commerce Bank, N.A., as custodian,
Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets
forth as of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at: 840
Erford Road, Camp Hill, Pa 17011
1. Name and address of Owner(s) or reputed Owner(s):
Name Address
GIGI MCDADE
840 ERFORD ROAD, CAMP HILL, PA 17011
2. Name and address of Defendant(s) in the judgment:
Name Address
SAME AS #1 ABOVE
3. Name and address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
Name Address
NONE
4. Name and address of the last recorded holder of every mortgage of
record:
Name Address
Plaintiff herein. See Caption above.
CHASE BANK OF TEXAS, f/k/a 801 W. GREENS RD., HOUSTON, TX 77067
TEXAS COMMERCE BANK, N.A.,
AS CUSTODIAN, ASSIGNEE OF
SAXON MORTGAGE, INC.
5. Name and address of every other person who has any record lien on the
property:
Name Address
NONE
6. Name and address of every other person who has any record interest in
the property and whose interest may be affected by the sale:
Name Address
REAL ESTATE TAX DEPT
Domestic Relations Section
Commonwealth of PA,
Department of Revenue
1 COURTHOUSE SQ., CARLISLE, PA 17013
13 N. HANOVER ST., CARLISLE, PA 17013
Bureau of Compliance, Dept. 280946
Harrisburg, PA 17128-0946
7. Name and address of every other person of whom the plaintiff has
knowledge who has any interest in the property which may be affected by
the sale:
Name Address
Tenants/Occupants 840 Erford Road, Camp Hill, Pa 17011
I verify that the statements made in this affidavit are true and correct
to the best of my personal knowledge or information and belief. I
understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities.
DATED: November 29, 1999
MARK A. UDREN & ASSOCIATES
Mar J. Udren, ESQ.
Attorney for Plaintiff
MARK J. UDREN 4 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
Chase Bank of Texas, N.A.,
f/k/a Texas Commerce Bank,
N.A., as custodian
One Ridgmar Centre
6500 West Freeway, Suite 400
Fort Worth, Tx 76116
Plaintiff
V.
Gigi McDade
840 Erford Road
Camp Hill, Pa 17011
Defendant(s)
'COURT OF COMMON PLEAS
:CIVIL DIVISION
:Cumberland County
MORTGAGE
NO. 99-6368
NOTICE OLSHERIP_F!S._SALE_OP REAL PROPERTY
TOs GIGI MCDADE
840 Erford Road
Camp Hill, Pa 17011
Your house (real estate) at 840 Erford Road, Camp Hill, Pa 17011' is
scheduled to be sold at the Sheriff's Sale on March 1, 2000, at 10:00 AM
in the CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA,
to enforce the court judgment of $68,008.70, obtained by Plaintiff above
(the mortgagee) against you. If the sale is postponed, the property will
be relisted for the Next Available Sale.
NOTICE O'-OWNERS- RIGHTS
YOU MAY BE_ABLE TO PREY THHIS-SHERIFLS-SALE
r,
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payment, late
charges, costs and reasonable attorney's fees. To find out how much you must Pay, ":!??
you may call: Mal-4S2-6900-
2. You may be able to atop the sale by filing a petition asking the Court to strike
or open the judgment, if the judgment was improperly entered. You may also ask
the Court to postpone the sale for good cause.
3. You may also be able to atop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the
more chance you will have of stopping the sale. (See notice on page two on how
to obtain an attorney.)
r"
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TARE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the
highest bidder. You may find out the price bid by calling 609-482-6900.
2. You may be able to petition the Court to set aside the sale if the bid price
was grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount
due in the sale. To find out if this has happened, you may call 609-482-6900.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain
the owner of the property as if the sale never happened.
S. You have the right to remain in the property until the full amount due is
paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house.
A schedule of distribution of the money bid for your house will be filed by the Sheriff
within 30 days after the sale. This schedule will state who will be receiving that
money. The money will be paid out in accordance with this schedule unless exceptions
(reasons why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after Schedule of Distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home
back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT "FORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN
CRT LEGAL HELP.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pa 17013-3387
717-249-3166
ASSOCIATION DE LICENCIDADOS DE FILADELFIA
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pa 17013-3387
717-249-3166
ALL THAT CERTAIN PIECE OF PARCEL OF LAND SITUATE IN THE TOWNSHIP OF
EAST PENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY
BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY BY ERNEST J.
WALKER, PROFESSIONAL ENGINEER, DATED APRIL 1, 1976, AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERN LINE OF ERFORD ROAD AT THE
LINE OF DIVIDING LOTS NOS. 13 AND 13X ON THE HEREINAFTER MENTIONED
PLAN OF LOTS, SAID POINT ALSO BEING 192.50 FEET IN A SOUTHEASTERLY
DIRECTION FROM DAVID DRIVE; THENCE ALONG ERFORD ROAD SOUTH 46
DEGREES 50 MINUTES EAST 37.5 FEET TO THE LINE DIVIDING LOTS NO. 13X
AND 14; THENCE ALONG THE SAME SOUTH 43 DEGREES 10 MINUTES WEST 105
FEET TO A POINT; THENCE NORTH 46 DEGREES 50 MINUTES WEST 37.5 FEET
TO THE LINE DIVIDING LOTS NOS. 13 AND 13X; THENCE ALONG THE SAME
NORTH 43 DEGREES 10 MINUTES EAST 105 FEET TO THE POINT OF
BEGINNING.
BEING KNOWN AS 840 ERFORD ROAD
PROPERTY TAX PARCEL NO. 09-17-1044-043
TITLE TO SAID PREMISES IS VESTED IN GIGI MCDADE BY DEED FROM PIN
HUE KUO AND KUEI YING KUO a/k/a YING KUEI KUO a/k/a WANG KUEI YING,
DATED 12/18/1997 AND RECORDED 12/26/1997 IN DEED BOOK 169 PAGE 1104
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 99-6368 CIVIL 19
COUNTY OF CUMBERLAND) CIVIL ACTION • LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, Interest and costs due Chase Bank of Texas, N.A., f/k/a Texas
Commerce Bank N.A. as custodian PLAINTIFF(S)
from Gigi McDade, 840 Erford Rd., Camp Hill PA 17011.
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located
at 840 Erford Rd., Camp Hill PA 17011.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) istare enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) Ilpropertyofthedefendant(s)riot levied upon ansubject toaftachmentIsfound Inthepossession ofanyoneother
than a named garnishee, you are directed to notify hinuherthat he/she hasbeen added as a garnishee and!s enjoined as above
stated.
Amount Due $68.008.70 L L $.50
Interest 11/30/99 - 3/1/00 @ $21.20/dim $
Atty's Comm % $1,971.60
Atty Paid $107.30
Plaintiff Paid_
Date: December 2, 1999
REQUESTING PARTY:
Name
Mark J. Udren, Esq.
AbMsti• Kings Highway, Ste. 500
Cherry Hill NJ 08034
Attorney for: Plaintiff
Telephone: (609) 482-6900
Supreme Court ID No. 04302
Due Prothy,
Other Costs
CURTIS R. LONG
1.00
Prot onot ry, Civil Division
by: Q
Depury
REAL ESTATE SALE No. 31
on iac••+ "•- !cl o9t5 the sha ifi lovi:d upon the defendants
Interest in the real property situated In
,
Cumberland County, f a., kn, ??;;; ?:,1I I r- Ita ?a
Jf7drO, and more fuil;? c,^ Cuhibit "A" filed vivilh
this writ and by this reference ;ncorl;oratod herein.
Rate: at, 01 I /l, /G 9 9 gy
E6. R" to 01 91 330
A. ? d1.1
JJ111 115 )rf: Jo gljd0
MARS J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF
SYS Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. SINGS HIGHWAY, SUITS 500
CHERRY HILL, NJ 08034
609-482-6900
Chase Bank of Texas, N.A., :COURT OF COMMON PLEAS
f/k/a Texas Commerce Bank, :CIVIL DIVISION
N.A., as custodian :Cumberland County
One Ridgmar Centre
6500 West Freeway, Suite 400 MORTGAGE FORECLOSURE
Fort Worth, Tx 76116
Plaintiff
V.
Gigi McDade
840 Erford Road
Camp Hill, Pa 17011
Defendant(s)
:NO. 99-6368
PRAECIPE FOR WRIT OF
TO THE SHERIFF:
Issue Writ of Execution in the above matter:
840 Erford Road
Camp Hill, PA 17011
Amount due $68,008._7.0
Interest From November 30,. 1999 1,971..60
to Date of Sale March 1,.2000
Per diem ®$21.20
(Coats to be added) $
MARK J. UDREN & ASSOCIATES
/I%z
M *k J. Udren, ESQUIRE
A ORNEY FOR PLAINTIFF
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MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Enquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
609-482-6900
ATTORNEY FOR PLAINTIFF
Chase Bank of Texas, N.A.,
f/k/a Texas Commerce Bank,
N.A., as custodian
One Ridgmar Centre
6500 West Freeway, Suite 400
Fort Worth, Tx 76116
Plaintiff
V.
Gigi McDade
840 Erford Road
Camp Hill, Pa 17011
Defendant(s)
:COURT OF COMMON PLEAS
:CIVIL DIVISION
:Cumberland County
MORTGAGE FORECLOSURE
:NO. 99-6368
PRAECIPH FOR JUDGMENT FOR FAILURE TO
ANSWER AND.ASSESSMENT_OF.DAMAGHS
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against the
Defendant(s) for failure to file an Answer to Plaintiff's Complaint r
within 20 days from service thereof and for foreclosure and sale of the
mortgaged premises, and assess Plaintiff's damages as follows:
As set forth in Complaint $65,963.10
Interest per Complaint 1,738.40
From 9/9/99 to 11/29/99 t
Late charges per Complaint 102.06 ;s
From 9/15/99 to 11/29/99 8$34.02 )
Escrow payment per Complaint 205.14
From 10/1/99 to 11/29/99 0$102.57
t?
TOTAL $68,008.70
I hereby certify that (1) the addresses of the Plaintiff and
Defendant are as shown above, and (2) that notice has been given in
accordance with Rule 237.1, a copy of which is attached hereto.
MAR 4 REN & ASSOCIATES
M r} J. Udren, ESQUIRE
A torney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS
DATE : /o1 -a _
INDICATED
I,Ut ttA
*8& PROTHY
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL. NJ 08034
Chase Bank of Texas, N.A., f/k/a
Texas Commerce Bank, N.A., as
custodian
One Ridgmar Centre
6500 West Freeway, Suite 400
Fort Worth, Tx 76116
Plaintiff
V.
Gigi McDade
840 Erford Road
Camp Hill, Pa 17011
Defendant(s)
DATED: November 15, 1999
TO. Gigi McDade
840 Erford Road
Camp Hill, Pa 17011
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. 99-6368
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY 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 17013-3387
717-249-3166
NOTIFICACION IMPORTANTE
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,
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 17013-3387
717-249-3166
NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS
LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
MARK J. UDRHN & ASSOCIATES ATTORNEY FOR PLAINTIFF
BYs Mark J. Udrea, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, Na 08034
609-482-6900
Chase Bank of Texas, N.A., 'COURT OF COMMON PLEAS
f/k/a Texas Commerce Bank, :CIVIL DIVISION
N.A., as custodian :Cumberland County
One Ridgmar Centre
6500 West Freeway, Suite 400 :MORTGAGE FORECLOSURE
Fort Worth, Tx 76116
Plaintiff
:NO. 99-6368
V.
Gigi McDade
840 Erford Road
Camp Hill, Pa 17011
Defendant(s)
AFFIDAVIT OF NON-MILITARY SERVICE
STATE OF
SS
COUNTY OF
THE UNDERSIGNED being duly sworn, deposes and says that the
averments herein are based upon investigations made and records
maintained by us either as Plaintiff or as servicing agent of the
Plaintiff herein and 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: GIGI MCDADE
Age: Over 18
Residence: As captioned above
Employment: Unknown
Name: K J. UDREN, ESQ.
Title: ATTORNEY FOR PLAINTIFF
Sworn to and subscribed Company
or_ me this 29th day
of vembe 99
Notary Public
PIOTARIAL SEAL
CV?ry d Phil?? a •Pnile Country
• i Au 29.200)
MARK J. UDREN 4 ASSOCIATES ATTORNEY FOR PLAINTIFF
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
609-482-6900
Chase Bank of Texas, N.A., 'COURT OF COMMON PLEAS
f/k/a Texas Commerce Bank, :CIVIL DIVISION
N.A., as custodian :Cumberland County
One Ridgmar Centre
6500 West Freeway, Suite 400 MORTGAGE FORECLOSURE
Fort Worth, Tx 76116
Plaintiff
V.
Gigi McDade
840 Erford Road 99-6368
Camp Hill, Pa 17011
Defendant(s)
TO: GIGI MCDADE
840 Erford Road
Camp Hill, Pa 17011
NOTICE
Pursuant to Rule 2:36 of the Supreme Court of Pennsylvania, you are hereby
notified that a Judgment has been entered against you in the above
proceeding as indicated below.
Prothonotary
_}L Judgment
Money Ju
Judgment
Judgment
Judgment
Judgment
by Default
figment
in Replevin
for Possession
on Award of Arbitration
on verdict
Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL:
ATTORNEY__..Mark_J. _Udren,_Esquire _
At this telephone number: 609-482-6900
i
5i
I?FrUSY
MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
609-482-6900
Chase Bank of Texas, N.A., 'COURT OF COMMON PLEAS
f/k/a Texas Commerce Bank, :CIVIL DIVISION
N.A., as custodian :Cumberland County
One Ridgmar Centre
6500 West Freeway, Suite 400 MORTGAGE FORECLOSURE
Fort Worth, Tx 76116
Plaintiff
V.
Gigi McDade
840 Erford Road 99-6368
Camp Hill, Pa 17011
Defendant(s)
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER-AND-ASSESSMENT OF_DAMAQES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against the
Defendant(s) for failure to file an Answer to Plaintiff's Complaint
within 20 days from service thereof and for foreclosure and sale of the
mortgaged premises, and assess Plaintiff's damages as follows:
As set forth in Complaint $65,963.10
Interest per Complaint 1,738.40
From 9/9/99 to 11/29/99
Late charges per Complaint 102.06
From 9/15/99 to 11/29/99 0$34.02
Escrow payment per Complaint 205_.14
From 10/1/99 to 11/29/99 ®$102.57
TOTAL $.6 8_,_0.0.8_3.0
I hereby certify that (1) the addresses of the Plaintiff and
Defendant are as shown above, and (2) that notice has been given in
accordance with Rule 237.1, a copy of which is attached hereto.
7W7 & ASSOCIATES
M r J. Udren, ESQUIRE
A torney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED
DATE:
PRO PROTHY
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MARK J. DDREN & ASSOCIATES
BYs Mark J. Udrea, Esquire
ATTY I.D. NO. 04304
1040 N. ICINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
609-484-6900
ATTORNEY FOR PLAINTIFF
Chase Bank of Texas, N.A.,
f/k/a Texas Commerce Bank,
N.A., as custodian
One Ridgmar Centre
6500 West Freeway, Suite 400
Fort Worth, Tx 76116
Plaintiff
V.
Gigi McDade
840 Erford Road
Camp Hill, Pa 17011
:COURT OF COMMON PLEAS
:CIVIL DIVISION
:Cumberland County
MORTGAGE FORECLOSURE
:NO. 99-6368
Defendant(s)
CERTIFICATE TO THE SHERIFF
I HEREBY CERTIFY THAT:
I. The judgment entered in the above matter is based on an Action:
__A. In Asaumpsit (Contract)
__B. In Trespass (Accident)
--X-C. In Mortgage Foreclosure
_-D. On a Note accompanying a purchase money mortgage and the property
being exposed to sale is the mortgaged property.
II. The Defendant(s) own the property being exposed to sale as:
__X_A. An individual
___.B. Tenants by Entireties
___C. Joint Tenants with right of survivorship
_D. A partnership
_.___E. Tenants in Common
___F. A corporation
III. The Defendant(s) is (are):
___X-A. Resident in the Commonwealth of Pennsylvania
Not resident in the Commonwealth of Pennsylvania
if more than one Defendant and either A or B above is not applicable,
state which Defendant is resident of the Commonwealth of
Pennsylvania.
Resident:
Me ren, ESQUIRE
Ad kess & I.D. # as above
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MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
609-482-6900
Chase Bank of Texas, N.A., 'COURT OF COMMON PLEAS
f/k/a Texas Commerce Bank, :CIVIL DIVISION
N.A., as custodian :Cumberland County
One Ridgmar Centre
6500 West Freeway, Suite 400 -MORTGAGE FORECLOSURE
Fort Worth, Tx 76116
Plaintiff
V.
Gigi McDade
840 Erford Road :NO. 99-6368
Camp Hill, Pa 17011
Defendant(s)
C E R T I F I C A T E
Mark J. Udren, Esquire, hereby states that he is the attorney for
the Plaintiff in the above-captioned matter and that the premises are not
subject to the provisions of Act 91 because it is:
( ) An FHA insured mortgage
( ) Non-owner occupied
( ) Vacant
( X ) Act 91 procedures have been fulfilled.
This certification is made subject to the penalties of 18 Pa. C.S.
Sec. 4904 relating to unsworn falsification to authorities.
MAR/ & ASSOCIATES
Mark J. Udren, ESQUIRE
ATTORNEY FOR PLAINTIFF
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MARK J. UDREN 4 ASSOCIATES ATTORNEY FOR PLAINTIFF
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
609-482-6900
Chase Bank of Texas, N.A., 'COURT OF COMMON PLEAS
f/k/a Texas Commerce Bank, :CIVIL DIVISION
N.A., as custodian :Cumberland County
One Ridgmar Centre
6500 West Freeway, Suite 400 MORTGAGE FORECLOSURE
Fort Worth, Tx 76116
Plaintiff
V.
Oigi McDade
840 Erford Road 99-6368
Camp Hill, Pa 17011
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129.1
Chase Bank of Texas, N.A., f/k/a Texas Commerce Bank, N.A., as custodian,
Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets
forth as of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at: 840
Erford Road, Camp Hill, Pa 17011
1. Name and address of Owner(s) or reputed Owner(s):
Name Address
OIGI MCDADE
840 ERFORD ROAD, CAMP HILL, PA 17011
2. Name and address of Defendant(s) in the judgment:
Name Address
SAME AS #1 ABOVE
3. Name and address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
Name Address
NONE
4. Name and address of the last recorded holder of every mortgage of
record:
Name Address
Plaintiff herein. See Caption above.
CHASE BANK OF TEXAS, f/k/a 801 W. GREENS RD., HOUSTON, TX 77067
TEXAS COMMERCE BANK, N.A.,
AS CUSTODIAN, ASSIGNEE OF
SAXON MORTGAGE, INC.
S. Name and address of every other person who has any record lien on the
property:
Name Address
NONE
6. Name and address of every other person who has any record interest in
the property and whose interest may be affected by the sale:
Name Address
REAL ESTATE TAX DEPT. 1
SQ., CARLISLE, PA 17013
Domestic Relations Section 13 N. HANOVER ST., CARLISLE, PA 17013
Commonwealth of PA, Bureau of Compliance, Dept. 280946
Department of Revenue Harrisburg, PA 17128-0946
7. Name and address of every other person of whom the plaintiff has
knowledge who has any interest in the property which may be affected by
the sale:
Name Address
Tenants/Occupants 840 Erford Road, Camp Hill, Pa 17011
I verify that the statements made in this affidavit are true and correct
to the best of my personal knowledge or information and belief. I
understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities.
DATED: November 29, 1999
MARK A. UDREN & ASSOCIATES
,?nv
Mar J. Udren, ESQ.
Attorney for Plaintiff
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MARK J. UDREN i ASSOCIATES
SY: Mark J. Udren, Enquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITS 500
CHERRY HILL, NJ 08034
609-482-6900
Chase Bank of Texas, N.A.,
f/k/a Texas Commerce Bank,
N.A., as custodian
one Ridgmar Centre
6500 Weat Freeway, Suite 400
Fort Worth, Tx 76116
Plaintiff
v.
Gigi McDade
840 Erford Road
Camp Hill, Pa 17011
Defendant(s)
ATTORNEY FOR PLAINTIFF
'COURT OF COMMON PLEAS
:CIVIL DIVISION
:Cumberland County
MORTGAGE FORECLOSURE
:NO. 99-6368
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: GIGI MCDADE
840 Erford Road
Camp Hill, Pa 17011
Your house (real estate) at 840 Erford Road, Camp Hill, Pa 17011' is
scheduled to be sold at the Sheriff's Sale on March 1, 2000, at 10:00 AM
in the CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA,
to enforce the court judgment of $68,008.70, obtained by Plaintiff above
(the mortgagee) against you. If the sale is postponed, the property will
be relisted for the Next Available Sale.
vq
NOTICE OF OWNER'S RIGHTS
YOU-MAY BE.ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's sale, you must take immediate action:
,
1. The sale will be cancelled if you pay to the mortgagee the back payment, late )
charges, costs and reasonable attorney's fees. To find out how much you must pay,
you may call: (609) 482-6900.
2. You may be able to atop the sale by filing a petition asking the Court to strike
or open the judgment, if the judgment was improperly entered. You may also ask
the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the
more chance you will have of stopping the sale. (see notice on page two on how
to obtain an attorney.) ,
V
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the
highest bidder. You may find out the price bid by calling 609-482-6900.
2. You may be able to petition the Court to set aside the sale if the bid price
was grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount
due in the sale. To find out if this has happened, you may call 609-482-6900.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain
the owner of the property as if the sale never happened.
S. You have the right to remain in the property until the full amount due is
paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house.
A schedule of distribution of the money bid for your house will be filed by the Sheriff
within 30 days after the sale. This schedule will state who will be receiving that
money. The money will be paid out in accordance with this schedule unless exceptions
(reasons why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after Schedule of Distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home
back, if you act immediately after the sale.
YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pa 17013-3387
717-249-3166
ASSOCIATION DE LICENCIDADOS DE FILADELFIA
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pa 17013-3387
717-249-3166
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ALL THAT CERTAIN PIECE OF PARCEL OF LAND SITUATE IN THE TOWNSHIP OF
EAST PENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY
BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY BY ERNEST J.
WALKER, PROFESSIONAL ENGINEER, DATED APRIL 1, 1976, AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERN LINE OF ERFORD ROAD AT THE
LINE OF DIVIDING LOTS NOS. 13 AND 13X ON THE HEREINAFTER MENTIONED
PLAN OF LOTS, SAID POINT ALSO BEING 192.50 FEET IN A SOUTHEASTERLY
DIRECTION FROM DAVID DRIVE; THENCE ALONG ERFORD ROAD SOUTH 46
DEGREES 50 MINUTES EAST 37.5 FEET TO THE LINE DIVIDING LOTS NO. 13X
AND 14; THENCE ALONG THE SAME SOUTH 43 DEGREES 10 MINUTES WEST 105
FEET TO A POINT; THENCE NORTH 46 DEGREES 50 MINUTES WEST 37.5 FEET
TO THE LINE DIVIDING LOTS NOS. 13 AND 13X; THENCE ALONG THE SAME
NORTH 43 DEGREES 10 MINUTES EAST 105 FEET TO THE POINT OF
BEING KNOWN AS 840 ERFORD ROAD
PROPERTY TAX PARCEL NO. 09-17-1044-043
TITLE TO SAID PREMISES IS VESTED IN GIGI MCDADE BY DEED FROM PIN
HUE KUO AND KUEI YING KUO a/k/a YING KUEI KUO a/k/a WANG KUEI YING,
DATED 12/18/1997 AND RECORDED 12/26/1997 IN DEED BOOK 169 PAGE 1104
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