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Home My WebLink About01-6181MARK ~. UDREN & ASSOCIATES BY= Mark ~. Udren, Esclui~e ATTY I.D. NO. 04302 1040 N. HINGS HIGII~AY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 National City Mortgage 3232 Newmark Drive Miamisburg, OH 45342 Plaintiff Vo David W. Booth Laura G. Booth A/H/A Laura Graham Booth 81 Windwhisper Lane Annapolis, MD 21403 Defendant(s) ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS i CIVIL DIVISION : :Cumberland County NO. COMPLAINT IN MORTGAGE FORECLOSURE YOU ~AVE 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 judgTaent 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 Ti~I[E THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA. VE A LAWYER OR CA.Rlq'OT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIHD OUT NEERE YOU CAiq' GET LEGAL HHLP. Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 Le hah demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entre~ar a la corte en forma escrita sus defensas o sus objeclones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an adminsion of Habillty 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 ff different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 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: N/A Assignee: N/A Recording Date: N/A Book: Page: 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with PA.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 1073 Kuhn Rd. MUNICIPALITY/TOWNSHIP/BOROUGH: Township of Monroe COUNTY: Cumberland DATE EXECUTED: 9/15/98 DATE RECORDED: 9/18/98 BOOK: 1483 PAGE: 621 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 bysaid Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Note as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 10/22/01: Principal of debt due and unpaid Interest at 9.0%* from 2/1/01 to 10/22/01 (the per diem interest accruing on this debt is $13.19 and that sum should be added each day after 10/22/01) $53,505.74 3,482.16 Title Report 250.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $0.00 and that sum should be added on the first of each month after 10/22/01) 0.00 Late Charges (monthly late charge of $21.94 should be added on the fifteenth of each month after 10/22/01) 0.00 Corporate Advance Other Fees 160.00 22.40 Attorneys Fees (anticipated and actual to 5% of principal) TOTAL $60,375.59 * This Interest Rate is subject to adjustment as more fully set forth in the Mortgage &nd Note. 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 has been sent to each Defendant, certified mail, in accordance with the requirements of that act, and copy(s) are attached hereto as Exhibit "A" and made part hereof. The notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has not been sent because the Mortgage matured on or about March 1, 2000, and the notice is therefore not required. WHEREFORE, the Plaintiff demands the Defendant(s) herein in the sum of judgment, in rem, against $60,375.59 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE TOWNSHIP OF MONROE IN THE COUNTY OF CUMBERLAND AND COEMONWEALTH OF PENNSYLVANIA, MOEE PARTICULARLY DESCRIBED AS FOLLOWS~ BEING LOT NO. 206 AS SHOWN ON THE FINAL PLAN OF LOTS OF SECTION "L" OF WHITE ROCK ACRES, DATED OCTOBER 3, 1978, I~ECOEDED JANUARY 31, 1979, IN CUMBERLAND COUNTY PLAN BOOK 34, PA~E 113, AND MORE pARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN TEE NORTHEP. N LINE OF KI]HN ROAD (60 FEET WIDE) AT TEE DIVIDIN~ LINE BETWEEN LOT NOS. 205 AND 206 AS SHOWN ON SAID PLA~ THENCE BY THE NORTHERN LINE OF KUHN ROAD THE FOLLOWING TWO COURSES AND DISTANCES~ (1) SOu'~'a 81 DEGP~EES 59 MINUTES 00 SECONDS WNST 232.03 FEET TO A POINT~ (2) BY A CURVE TO THE LEFT HAVING A ltADIUS OF 326.27 FEET THE ARC LENGTH OF 81.21 FEET AND A CHORD LENGTH OF 81.00 FEET ON A CHORD BEARING OF SOUT~ 74 DE~REES 51 MINUTES 10 SECONDS WEST~ THENCE BY THE LINE DIVIDING LOT NO. 206 FROM LOT NOS. 207, 208, 209 AND 210 AS SHOWN ON SAID pLAN, NORTH 17 DB~REES 23 MINUTES 17 SBCONDS EAST 635.92 FEET TO A POINT IN THE CENTER OF A 30 FEET WIDE DRAINAGE EASI~ENT~ THENCE BY THE DIVIDING LINE BETWEEN LOT NOS. 205 AND 206 AS SHOWN ON SAID PLAN, SOu'A'~ 12 DEGEEES 01 MInuTE 44 SECONDS EAST 565.76 FEET TO THE PLACE OF BEGINNING. CONTAINING 1.998 ACRES. LAW Op71CES MARK J. UDREN & ASSOCIATES 1040 NORTH KINGS HIGHWAY SUITE 500 CHERRY HILL, NEW JERSEY 08034 856. 482. 6900 .FAX: 856. 482. 1199 PENNSYLVANIA DESIGNA TED COUNSEL 24 NORTH MERION AVENUE SUITE240 BRISV MAWR, PA 19010 21.~6~-9~00 21.%$6~1141 E4X July 24, 2001 RETURN RECEIPT RF~o~IW20 ARTICLE #7000 1670 0011 8671 4056 David W. Booth 1073 Kuhn Road Boiling Springs, PA 17007 Servicer/Mortgagee: Mortgagor: Loan No.: Prem/ses: National City Mortgage Company David W. Booth & Laura G. Booth 9355192 1073 Kulm Rd~, Bo'fling Springs, PA 17007 NOTICE OF DEFAULT AND INTENTION TO TAK~ ACTION Dear Borrows(s): National City Mortgage Company, is the holder or servicer of your Promissory Note and Mortgage on the above premises (the "Premises") securhag the Note. You are ha default of certain obligations under these documents as follows: You have failed to pay the full amount due of 56,218.75 on your loan which matured on March 1, 2001. Failure to cure the default as specified may result ha foreclosure by judicial proceedings and sale of the Premises. You can avoid the above actions by mnldng payment to us of $56,218.75, which includes all costs and attorney's fees incurred to date. ~ If your mortgage so provides, you have the fight to assert in the foreclosure proceedings the non-existence of a default or any other defense to foreclosure. Only if your Mortgage so provides, you 'shall have the right to have any proceedings begun by us to enforce the Mortgage discontinued anytime prior to at least one hour prior to the commencement of bidding at a Sheriffs sale or other sale pursuant to the Mortgage, if you comply with its requirements allowing such reinstatement. You may cure your default by making payment of the ~mounts indicated above to us at the address on the letterhead. I urge you to contact the undersigned promptly upon receipt of this letter. / MJU/ath cc: First Class Marl Note See Notice attached hereaf'cer pur~-~-t to the Fair Debt Collection Practices Act. NOTICE The amount of your debt is as stated in the at~ched 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 thi~ Notice and ~he 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, unffi we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/Mark J. Udren, Esquire 1040 N. Kings Highway, Suite $00 Cherry Hill: NJ 08034 (856) 482-6900 7000 1670 0011 8671 4056 0 MARg Y. UDREN* S~]ART WINNEG** GAlL SPIVAg ORLOFIm** RgLDI R. $PIVAX~* CHRISTOPHER J. FOX CORINA CA.Z*** TINA MARIE RICH IA W OFFICES MARK J. UDREN & ASSOCIATES 1040 NORTH KINGS HIGHWAY SUITE 500 CHERRY HILL, NEW JERSEY 08034 85~. 482. ~00 FAX: 855. 482. 1199 pENNSYLVANIA DESIGNATED COUNSEL 24 NORTH MERION A VENU~ SUITE 24O BRYN MAWR, PA 19010 215.Jg8.1141 FAX July 24,.2001 ARTICLE #7000 1670 0011 8671 4049 Laura G. Booth 1073 Kuhn Road Boiling Springs, PA 17007 Servicer/Mortgagee: Mortgagor: Loan No.: Premises: National City Mortgage Company David W. Booth & Laura G. Booth 9355192 1073 Kuhn Rd., Boiling Springs, PA 17007 NOTICE OF DEFAULT AND INTENTION TO TAKE ACTION Dear Borrower(s): National City Mortgags Company, is the holder or servicer of your Promissory Note and Mortgage on the above premises (the "Premises") securing the Note. You are in default of certain obligations under these doo]ments as follows: You have failed to pay the full amount due of 55,218.75 on your loan which matured on March 1, 2001. Failure to cure the default as specified may result in foreclosure by judicial proceedings and sale of the Premises. You can avoid the above actions by m.oJcin~ payment to us of $56,218.75, which includes all costs and attorney's fees incurred to date. If your mortgage so provides, you have the right to assert in the foreclosure proceedings the non-existence of a default or any other defense to foreclosure. Only if your Mortgage so provid.es, you' sh, all have the right to have any proceedings begun by us to enforce the Mortga~,e discontinued any~,~e prior to at least one hour prior to the commencement of bidding at a Sheri~s sale or other sale pursuant to the Mortgage, if you comply with its requirements allowing such reinstatement. You may cure your default by making payment of the .mounts indicated above to us at the address on the letterhead. I urge you to contact the undersigned promptly upon receipt of this letterl y yours, MJU/ath cc: First Class Mail Note See Notice attached hereafter purs,,~t to the Fair Debt Collection Practices Act. 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 thi~ Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, ~ve 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 yon, and mail it to you. If you do not dispute the debt, it is not an admission of llability 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 wJthln 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 thi~ Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/Mark J. Udren, Esquire 1040 N. Kings Highway, Suite $00 Cherry Uill; NJ 08034 (8S6) 482-6900 VERIFICATION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Mark J. Udr~ MARK J. UDREN & ASSOCIATES SHERIFF'S RETURN - C~SE NO: 2001-06181 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND NATIONAL CITY MORTGAGE VS BOOTH DAVID W ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named defendant, DEFENDANT BOOTH DAVID W ,Sheriff or Deputy Sheriff, who being search and but was unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , He therefore returns the the within named DEFENDANT BOOTH DAVID W , NOT FOUND , as to MAIL IS DELIVERED TO ADDRESS PROVIDED, BUT THERE IS NO HOUSE ON THE PROPERTY. Sheriff's Costs: Docketing 18.00 Service 3.90 Affidavit .00 Surcharge 10.00 .00 31.90 Sheriff of Cumberland County MARK UDREN 11/02/2001 Sworn and subscribed to before me this ~ ~ day of ~ ~! A.D. Pro~hbnotary ' ' SHERIFF'S RETURN - CA'SE NO: 2001-06181 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND NATIONAL CITY MORTGAGE VS BOOTH DAVID W ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named defendant, DEFENDANT BOOTH LAURA GR3Lq3~M ,Sheriff or Deputy Sheriff, who being search and but was unable to locate Her in his bailiwick. COMPLAINT - MORT FORE He therefore returns the the within named DEFENDANT , NOT FOUND , as to BOOTH LAUP~A GRAH3~M POST OFFICE DELIVERS MAIL THERE, BUT THERE IS NO HOUSE ON THAT LOT. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 R./Thomas Kline Sheriff of Cumberland County MARK UDREN 11/02/2001 Sworn and subscribed to before me this 7? day of ~ A.D. Pr6t~onotary ' ~ ' MARX J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHER~Y HILL, NJ 08034 856-482-6900 National City Mortgage 3232 Newmark Drive Miamisburg, OH 45342 Plaintiff David W. Booth Laura G. Booth A/K/A Laura Graham Booth 81 Windwhisper Lane Annapolis, MD 21403 Defendant(s) ATTORI~EY FOR PLAINTIFF : COURT OF COMMON PLEAS i CIVIL DIVISION · Cumberland County . NO. 01-6181 PP3kECIPE TO MARK SETTLED. DISCONTINUED AND~END~ 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: