HomeMy WebLinkAbout07-5897UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400
pleadings@udren.com
Franklin Credit Management :COURT OF COMMON PLEAS
Corporation :CIVIL DIVISION
101 Hudson Street :Cumberland County
Jersey City, NJ 07302
Plaintiff
V.
James L. McNaney, Jr.
Debra McNaney € NO • ?1- 5$q7 l ?lV i (Pa" M
411 Lamp Post Lane
Camp Hill, PA 17011
Defendant(s)
CIVIL ACTION/COMPLAINT ON A PROMISSORY NOTE
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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF
YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYERS REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
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 la
notificacion. Hace falta ascentar una comparencia escrita o en
persona o con un abogado y entregar a la corte en forma escrita sus
defensas o sus objeciones a las demandas en contra de su persona.
Sea avisado que si usted no se dafiende, la corte tomara medidas y
puede 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 provisioner de
esta demanda. Usted puede perder dinero o sus propiedades u otros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO
0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN
PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
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 admission of liability on your part. Also, upon your written request within the 30 day
period, we will provide you with the name and address of the original creditor if different from
the current creditor.
If you notify us in writing within the 30 day period as stated above, we will cease collection
of your debt, or any disputed portion of it, until we obtain the information that is required
and mail it to you. Once we have mailed to you the required information, we will then
continue the collection of your debt.
This law firm is deemed to be a debt collector and this Notice and the attached document is
an attempt to collect a debt, and any information obtained will be used for that purpose.
UDREN LAW OFFICES, P.C.
/s/ Mark J. Udren, Esquire
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
(856) 669-5400
1. Plaintiff is the Corporation designated as such in the
caption on a preceding page and is the Holder, Endorsee, and/or is
an assignee of a Note, secured by a Mortgage then it is such by
virtue of the following recorded and/or unrecorded assignments:
Assignor: EquiFirst Corporation
Assignments of Record to: Franklin Credit Management Corporation
Recording Date: LODGED FOR RECORDING
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.
3. On or about the date appearing on the Note 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 Note, which Note was
executed and delivered to Plaintiff as evidence of the
indebtedness. Attached hereto and made part hereof as Exhibit "A"
is a true and correct copy of the Note.
4. Defendant(s) has/have defaulted with.regard to the Note
and Plaintiff has heretofore elected to declare the whole of the
principal sum remaining unpaid together with interest thereon to
become immediately due and payable and by the filing of this
Complaint, Plaintiff has confirmed said election.
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 Note as of
9/21/07:
Principal of debt due and unpaid. $36,490.55
Interest at 12.450
from 8/1/06
to 9/21/07
(the per diem interest accruing on
this debt is $12.45 and that sum
should be added each day after
9/21/07) 5,170.61
Court Costs (anticipated, excluding
Sheriff's Sale costs) 280.00
Late Charges
(monthlyy late charge of $19.41
should be added pursuant to the
terms of the Note) 97.05
BPO 85.00
Attorneys Fees (anticipated and actual
to 50 of principal) 1,824.53
TOTAL $43,947.74
7. The attorney's fee set forth above are in conformity with
the loan documents and Pennsylvania law.
8. If applicable, a Demand Notice and/or Notice of Intention
to Foreclose under Act 6 of 1974 and/or the combined notice
specified by the Pennsylvania Homeowner's Emergency Mortgage
Assistance Program, Act 91 of 1983 of the Commonwealth of
Pennsylvania and Notice of Intention to Foreclose under Act 6 of
1974 has been sent to each Defendant, via certified and regular
mail, in accordance with law, on the date appearing on the copy
attached hereto as Exhibit"B", and made part hereof, and
Defendant (s) have failed to proceed within the time limits allowed,
or have been determined ineligible, or Plaintiff has not been
notified in a timely manner of Defendant(s) eligibility.
WHEREFORE, the Plaintiff demands judgment against the
Defendant(s) herein in the sum of $43,947.74, plus interest, costs
and attorneys fees as more fully set forth in the Complaint.
BY: \J
Mark J. Udren, ESQUIRE
UDREN LAW OFFICES, P.C.
Attorney for Plaintiff
Attorney I.D. No. 04302
(Page 18 of 36)
! June23,2006
(Dam)
a
NOTE
Camp HID
OP
411 Lamp Post Lame, Camp Hill, PA 17011
Mr*enr Address)
PA
(Sore)
M(N I0t MI000PM526
I. BORROWER'S PROMISE TOPAY
In return fora loon that I bave raeeiwd, l promise to pay U.S. S 36,500.00 (this among is called "principal"),
plus interest, to the order of the Lender. The Lender Is EquiFirst Corporatioa
I will make 1 anddctstand all the Lender may transfer this Note. ThearLeadecheck or r or anyone who order.
stakes this Note by transfer
and who is emitted to receive payments under this note is called the "Note Holder."
3. INTEREST
Interest will be charged on unpaid pal until the full amount of principal bas been paid. I will pay
interest at a yearly rate of 12AWL Merest rate required by this Section 2 is the rate I will pay both before
and after any default described in Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Pfau of Payments
I will pay principal and im rest by making a payment every month.
1 will make my monthly payment on the Ist day of oacb month begimmimg on August 11 2006. I will maim there
payments every month until I have paid all of the principal and imteestand any other ccl?a?yy described below
that I may owe under this Note. Each monthly payment will be applied as of it's schedoleddue data and will be
applied to interest before principal. If on, July 1, 2036,1 still on amounts under this Note, I will pay time
amounts in full on that date, which is caged the "maturity chic."
I will make my monthly payments at
EquiFirst Corporation, SOb Font Point Circle, Charlotte, NC 28273
or at a different place lfnxpdred by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the emoum of US. S 388.14 .
4. BORROWER'S RIGHT TO PREPAY
have the right to make paymatts of principal at an time before they an due. A payment of principal only is known
as s "
as "prapayment". When I make a prepayment, I will tell the Note Holder In writing that I am doing as I my make a
fulipnpaymenturpartWprepaymmbwdhout pay' t chvge. The Note Holder will an all of my
Prepayments to reduce the amount of principal that'1'Zad=Note. Ifi male a partial ptapmymant, there will be
no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those
changes.
LHulitstate Fixed Rate Note- Single Family
MSN WM) (Penruylvanis Version)
Loan Number 9tS906S.B Page I of 3
40
initials
EXHIBIT A
(Page 19 of 36)
0
T4is agreamenobjeet to the provisions of the Secondary gape Loan Act
5. LOAN CHARGES
Ii a taw, which applies to oils low and which sets marcinum loan charges, ls finally so that the
interact or other loan custges collected or to bon collected in oonnectian with this font the permitted limits,
then: (') any such tan charge tall be reduced by the atrwrmt teary m reduce the charge w the permitted limit
and (b) any autos already collected ftntn me which exceeded Qean toad Iimlu wl[1 be refut?ded tome,. The Note
Holder may choose to mdse this m5srhd by reducing rho I owe under this Notes or'
payment by m idag it direct
tome. Jr. refnmd reduces principal, the reductton tv 11 be tressed one a partial prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
if the Note Holder has not received the 5111 amount of any monthly payment by the and of 15 calendar days
after the date it is due, I Will pay a but charge to the Note Holder. The amount of the charge will be the garish of
10.00 % of my overdue payment of principal end interest or $20.00. I will pay this late charge promptly but only
once on each lase payment.
(B) Default
If I do not pay the fell amount of each monthly payment oar the date it I$ due, I Will be in default
(C) Notice of Def suit
If I stn in default, the Note holder may send me a written notice telling me that If I do not pay the overdue
amount by a certain daft, the Note Holder may require me to pay immediately the full amount of principal which
has not been paid and all the interest that I owe on that amount. That dote mwi be at least 30 days after the data on
which the notice is mailed to tae or delivered by other means.
(D) No Waiver By Note Holder
Even if, st a time when I am in dethu% the Note Holderdoes not require me to pry immediately in full as
described above, the Note Holder will still have the right to do ono If I am in default at a latertime.
(B) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay unmediately In full as described drove, the Note Holder will have the
right to be paid bade by me for all of its costs and expeues In enforcing this Note to the extent not prohibited by
applicable law. Those expenses Include, for exam* reasonable attomeys' fees.
7. GIVING OF NOTICES
Union applicable law requires a different method, any notice that must be given to me under this Note will be
given by delivering it or by mailing It by certified mail to me at the Property Address above or at a dlfieent addren
dI give the Note Holder a notice of my different address
Any notice that must be given to the Note Holder under this Note will be given bn;,y{,,?d,elivering h or by mailing it
by ratified mail to the Note Holder at the address stated In Section 3(A) above or a mV&mt if I am given a
notice of that different address.
S. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If mom than one person signs this Note, cub person is filly and personally obligated to keep all of the
promises made in this Note, including the promise to pry the fall amount owed. Any person who is a ggooaarrssnnrooorr
surety or endorser of this Note Is also obligated to do these things. Atry penonwho tafoea over these ob6getiom?,
Including the obligations of a guaeantor, surety or andoreer ofthis Notc, is also obligated to" Oil of the promises
made in this Note. The Note Holder may enforce Its rights under this Note against each person individually or
against all of us together. This meant that any one of us may be required to pay all of the amounts owed under thin
Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights ofpresentment and notice of
dishonor. Pmmtm=t means the ' to require the Note Holder m demand payment of amours due. "Nonce of
dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been
paid.
EF25N2PA ?
Loan Number 959065-B Page 2 of 3 Initials J--
. (Page 20 of 36)
•
0
This agreemm bjed to the provisions of the Secondary Joan Act
to. UKTORIH SECURED A
This Note is a imifam instrument with !milted variations in some jurisdictions. In addition to the protections
given to the Note Holder underthis Noce, a Mortgage, Deed of Trust or Security Deed (the *So=*
InsMmtbnt"), dated the same date as this Note, protects the Noe Holder from possible Iowa which might result If
rdo not keep the era se which I make in this Now That Security instrument describes law and under what
conditions I miry be required to make immediate payment in full efall amounts I owe mxW this Note. Some of
those conditions are described as follows:
If all or any part of the Property or any brteteat in it is sold or tranaferred (or if a bettacial iaba .1, in
Borrower is sold or eraoaferrsd and Borrower is not a natural pawn), without Lenders prior written consmu,
Lender may, at Its option, require immediate payment in hill of all sums secured by this Security Instrument.
However, this option shall not be exarcised by Lender if etacise is prohibited by Applicable Law as of the date
of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The nodes shell provide a
period of not less than 30 days ft m the dare the notice is delivered or nailed within which Borrow must pay all
sums secured by this Security Instrument. If Borrower falls to pay these suns prior to the expiration of this
period, Lender may incite any remedies permitted by this Security Instrument without huther notice or demand
on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
A.- 2 (sue -pi-a,4ta.&
(seal)
James L McNaney, Jr -Barower Debra McNaney -Bamesr
(Sal)
(Sal)
(seal) (Seal)
Borrower -BOMMW
(Seal) (Seal)
-Banower -Borrower
EF25N 7?-
Loa Number 9119065-13
Page 3 of3 Initials -?
August 30, 2007
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
The HOMEOWNER& MORTGAGF ASSISTANCE PROGRAM (HFMAP) may he able
to help to cave your home- This Notice explain, how the prngrnm works,
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 fmd a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
OHOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAMO EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
6)(ftff b
Page 1 of 1
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER:
James L. McNaney, Jr.
Debra E. McNaney ----- ..... ..._......................... ...................
....__..........---._.....
411 Lamp Post Lane
Came Hll,._PA_17011_
0002376086...._
Equ F rst Corpor41WA__..____
Franklin._Credit Management_Corporation
HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE FLIGIRI.E. FOR FINANCIAL. ASSISTANCF
WHICH CAN SAVE. YOUR HOMF, FROM FORF,CI,OSIJRF AND
HELP YOU MAKE. FUTURE. MORTGAGE. PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNEROS
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE FACTO), 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 REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECL.OSLJRE - 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 arrange and attend a Oface-to-faceO meeting with one of the consumer credit
counseling agencies listed at the end of this Notice. THIS MFF.TING MIDST OCCUR WITHIN
NOTICE CALLED OHC)W TO CURE YOUR MORTGAGE DEFAT11,10, EXPLAINS 14OW TO
BRING YCH JR MORTGAGE i JP TO DATE
CONSIJMF.R CRF,DIT 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 number.
are set tomb at the end of this Noti It is only necessary to schedule one face-to-face meeting.
Advise your lender immediate] of your intentions.
APPLICATION FOR MORTGAGE. ASSISTANCE. _ Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the nature
of your default.) If you have tried and are unable to resolve this problem with the lender, you have
the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance
Program. To do so, you must fill out, sign and file a completed Homeowner's 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
Page 2 of 2
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 are very limited. They will
be disbursed by the Agency under the eligibility criteria 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 OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO
COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
NATURE. OF THE, DEFAULT -- The MORTGAGE debt held by the above lender on your property
located at:
411 Lamp Post Lane
Camp Hill, PA 17011
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due:
Monthly_Payments._of_$388.14 for September 1,..2006.,through Auust_l,._2007_._= X4269.54__............... _ .
MonthIv Late._Charges._of $19.41 for September 1.2006 through August 1, 2007...........$97 05 ......__.......
Other charges (explain/itemize): BPO= $85.00
-Release._Fee=...$25.00_ .................................._... _.
..--.---...._-.-...._._ ................................................ ------- -................_.__ .............
_TOTAL_AMOIJNT _PAST_DLJE.;..._...._.........._....-.--.--.------. - .-.-.-.- ..5c4475.52.....
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use. if not aT= licahle): NZA
HOW TO CURE, THE. DF.FAITI N -- You may cure the default within THIRTY (30) DAYS of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 54476.59_ PLUS
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30)
DAY PERIOD. Pa=ents must he made either by cash, cashier's check, certified heck or money order made hayahle.
and sent to-
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of
this letter: (Do not use if not a*nz licahle): NA
Page 3 of 3
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 rights to ace .1 rat the mortgage 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 mortgaged property.
IF THE. 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
$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other
reasonable costs. If you cure the default within the THIRTY (30) DAY period, you- will not h
rewired to pay attorney's fees.
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without
your having reaffirmed it, then lender cannot pursue this remedy.
RIGHT TO CURE THE DEFAULT PRIOR TO SHF.RiFF'S SAL F - If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to
psylug me rorai amount men act ctu plus any late or other charges then due, reasonable attorn - ey's fees and
costs connected with the foreclosure sal and any other costs connected with h Sheriff's Sal as sVecified
in writing by the lender and by performing any other requirements under the mortgage. 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. SHF.RTFF'S SAi.F DATE, - It is estimated that the earliest date that such a
Sheriff's Sale of the mortgaged property could be held would be approximately 6 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.
Of course, 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.
Name of Lender/Servicer: Franklin Credit
Address: 101 Hudson Street
_Jersey_City,_NJ_07302......... --- .. .......................
................. .-_............................... _.-_.............................. _....._._._._...........
Phone Number: 800-255-5897
Fax Number: 20176044500
Contact Person: Customer Service
EFFECT OF SHERIFF'S SAi,F. -- You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
any time.
ASSITMPTiON OF MORTGAGE, -- You may not transfer your home to a buyer or transferee who will
assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs
are paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
Page 4 of 4
NOTICE
The amount of your debt is as stated in the attached document. The name of the creditor
to whom the debt is owed is as named in the attached document. Unless you notify us within
30 days after receipt of this Notice and the attached document that the validity of the stated
debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us
in writing of a dispute within the 30 day period, we will obtain verification of the debt or a
copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an
admission of liability on your part. Also, upon your written request within the 30 day period,
we will provide you with the name and address of the original creditor if different from the
current creditor.
If you notify us in writing within the 30 day period as stated above, we will cease collection
of your debt, or any disputed portion of it, until we obtain the information that is required
and mail it to you. Once we have mailed to you the required information, we will then
continue the collection of your debt.
This law firm is deemed to be a debt collector and this Notice and the attached document is
an attempt to collect a debt, and any information obtained will be used for that purpose.
UDREN LAW OFFICES, P.C.
/s/ Mark J. Udren, Esquire
Woodcrest Corporate Center
111 Woodcrest Road, Suite 200
Cherry Hill, NJ 08003-3620
(856) 669-5400
Page 5 of 5
• TO 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. (HOWEVER, YOU DO NOT HAVE
THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN 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.
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
FAX (717) 541-4670
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
Community Action Comm of the Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
FAX (717) 234-2227
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
FAX n/a
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
Adams County Housing Authority
139-143 Carlisle St.
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
Page 6 of 6
i
fi
6
r
a
O
O C
v
= r' M C
R
M
N
?o?J
=a
n
m -0
ZMOT
o?am
Cl
wvZ(7
m
m
-0
.?- .0
m
ru
m
a
.?- o
0
0
-?? O
_ rl
O
O
o
r
•
J
CA
W
0
r
m
m
ru
co
co
0
0
o
C3
O
O
O
rl-
O
O
o C
?
2?=01
m LT
N
<°O0?
=aOc
? M 0 C:
--:0 0 -T
Z N O -s;
> rr
o ?
°o D m ti
w vM?-.
m
Z!
l I
Cl)
o
0
'
?3 •
CO m
c 7s
•
my .' 0 A $
a
m S? ?m
3 a °' m -
,n
Q
? (
D
P. ?
3 a$
g
? 0
.N
(D (D S o
a<•
7
N .
(D 0
Q
A
o ?
Fn ? 0
3?m-g •
S
o v
m m m
C3
C3
3 P, w v w K
'
m
p
? ?$
< n
m
a O n Z
_t
p0
Q
M m V
? a
?
02
?? ?
P z
a Z
a
•
ru
W o3 $
@ F
?
W n
? 3 ?? 1113
m g °
3
J
C/) N
p - yfl
;* M CD
0
:3 n ?.?+3 3
(A CD
a
?
m CC
c C
? 6
.? ?[J v 0
L
m
oN
? ga CL
0 ? fa
N
'ooCLE
O 30M 0
C3 m
C3 m
m p
C3 ? co v w
v p
p ? m
ILL
?
ro
Ser
X, CL
w T 0 a
Er
3
y
m
? 3 ?? m ??
Q OZ o D
V E R I F I C A T 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 18
Pa.C.S. Section 4904 relating to unsworn falsification to
authorities.
v
Mark U ren, ESQUIRE
UDREN LAW OFFICES, P.C.
? 6F
00
'p OO 'O
9? o
Z
I
SHERIFF'S RETURN - REGULAR
C ?
CASE NO: 2007-05897 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FRANKLIN CREDIT MANAGEMENT
VS
MCNANEY JAMES L JR ET AL
SHARON LANTZ
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
MCNANEY JAMES L JR the
DEFENDANT at 1830:00 HOURS, on the 18th day of October 2007
at 411 LAMP POST LANE
CAMP HILL, PA 17011
by handing to
DEBRA MCNANEY, WIFE
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 9.60
Affidavit .00
Surcharge 10.00
00
i1o ??o ? 37.60
Sworn and Subscibed to
before me this day
of
So Answers:
R. Thomas Kline
10/19/2007
UDREN LAW OFFICES
By: I , '/ - ? -./-
/`--'-Deputy Sheri
i
A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-05897 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FRANKLIN CREDIT MANAGEMENT
VS
MCNANEY JAMES L JR ET AL
SHARON LANTZ , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
MCNANEY DEBRA the
DEFENDANT , at 1830:00 HOURS, on the 18th day of October , 2007
at 411 LAMP POST LANE
CAMP HILL, PA 17011 by handing to
DEBRA MCNANEY
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00
Service .00
•-? =.r-'
Affidavit .00
Surcharge 10.00 R. Thomas Kline
00
i) 1011t 1 /16 *00 10/19/2007
UDREN LAW OFFIC
Sworn and Subscibed to By:
before me this day Deputy Sheriff
of A.D.
UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
MARK J. UDREN, ESQUIRE - ID #04302
STUART WINNEG, ESQUIRE - ID #45362
LORRAINE DOYLE, ESQUIRE - ID #34576
ALAN M. MINATO, ESQUIRE - ID #75860
,/CHANDR.A M. ARKEMA, ESQUIRE - ID #203437
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400 pleadings@udren.com
Franklin Credit Management :COURT OF COMMON PLEAS
Corporation :CIVIL DIVISION
101 Hudson Street :Cumberland County
Jersey City, NJ 07302
Plaintiff :MORTGAGE FORECLOSURE
V.
James L. McNaney, Jr. :NO. 07-5897
Debra McNaney
411 Lamp Post Lane
Camp Hill, PA 17011
Defendant(s)
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against
the Defendant(s) James L. McNaney, Jr. and Debra McNaney 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
Interest Per Complaint
From 9/22/07 to 4/1/08
$43,947.74
2,402.85
Late charges per Complaint
From 9/22/07 to 4/1/08
97.05
TOTAL $46,447.64
r
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.
UDREN LAW OFFICES, P.C.
BY:VA
Attorneys for Plaintiff
MARK J. UDREN, ESQUIRE
STUART WINNEG, ESQUIRE
LORRAINE DOYLE, ESQUIRE
ALAN M. MINATO, ESQUIRE
CHANDRA M. ARKEMA, ESQUIRE
DAMAGES ARE HEREBY ASSESSED AS INDICATED
DATE:
PRO PROTHY
UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY BILL, NJ 08003
856-669-5400
gleadinasludren com
Franklin Credit Management Corporation :COURT OF COMMON PLEAS
Plaintiff :CIVIL DIVISION
Cumber:land.County
v,
James L. McNaney, Jr. : NO. ?? ' S`??
Debra McNaney
Defendant(s)
TO: James L. McNaney,. Jr..
.411 Lamp Post Lane
Camp Hill, PA 17011
DATE of Notice: November 12, 2007
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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS
OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
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
TERMING 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 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 17013
717-249-3166
800-990-9108
NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION` RACTICES ACT, THIS LAW FIRM ZS.,::
DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN?ATTEMPT TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PU OSE.
Woodcrest Cbrporate Center
111 Woodcrest Road, Suite 200
Cherry Hill, New Jersey 08003-3620
UDREN LAW OFFICES, P. C.
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003
856-669-5400
ATTORNEY FOR PLAINTIFF
Franklin Credit Management Corporation
Plaintiff
V.
James L. McNaney, Jr.
Debra McNaney
Defendant(s)
TO: Debra McNaney
411 Lamp Post Lane
Camp Hill, PA 17011
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County:
NO. 0-7 `58q-7
DATE of Notice: November 12, 2007
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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS
OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
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
TERMING 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, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA.
EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL.
SERVICIO DE REFERENCIA LEGAL
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS
DEEMED TO BE A DEBT COLLECTOR AtSIS AN ATTEMPT TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE 7ZT PURP SE.
ar en, squire
Woodcrest Corporate Center
111 Woodcrest Road, Suite 200
Cherry Hill, New Jersey 08003-3620
UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
MARK J. UDREN, ESQUIRE - ID #04302
STUART WINNEG, ESQUIRE - ID #45362
LORRAINE DOYLE, ESQUIRE - ID #34576
ALAN M. MINATO, ESQUIRE - ID #75860
CHANDRA M. ARKEMA, ESQUIRE - ID #203437
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400 pleadings@udren.com
Franklin Credit Management :COURT OF COMMON PLEAS
Corporation :CIVIL DIVISION
Plaintiff :Cumberland County
V.
;MORTGAGE FORECLOSURE
James L. McNaney, Jr.
Debra McNaney
Defendant (s) ::NO. 07-5897
AFFIDAVIT OF NON-MILITARY SERVICE
STATE OF NEW JERSEY
COUNTY OF CAMDEN
SS
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 Servicemembers' Civil Relief Act (108 P.L.
189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and
last known residence and employment of each Defendant are as
follows:
Defendant :
Age.
Residence:
Employment:
Defendant:
Age.
Residence:
Employment:
James L. McNaney, Jr.
Over 18
As captioned above
Unknown
Debra McNaney
Over 18
As captioned above
Unknown
UDREN LAW OFFICES, P.C.
BY: d r4 of
Attorneys for Plaintiff
MARK J. UDREN, ESQUIRE
STUART WINNEG, ESQUIRE
LORRAINE DOYLE, ESQUIRE
ALAN M. MINATO, ESQUIRE
CHANDRA M. ARKEMA, ESQUIRE
Sworn to and subscribed
before me this day
of April, 2008.
? A A AlLkt&?zl
No is
CAM SiEARS
1f M W OF NEW JERSEY
Campion E t 4116/2=
-60-
ft 1-1 c
:
- e Cl-I
0
N
w
.!
r? -
Y
(? r
l
J r
M ?. J
UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
MARK J. UDREN, ESQUIRE - ID #04302
STUART WINNEG, ESQUIRE - ID #45362
LORRAINE DOYLE, ESQUIRE - ID #34576
ALAN M. MINATO, ESQUIRE - ID #75860
CHANDRA M. ARKEMA, ESQUIRE - ID #203437
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400 pleadings@udren.com
Franklin Credit Management =COURT OF COMMON PLEAS
Corporation :CIVIL DIVISION
Plaintiff .Cumberland County
V.
:MORTGAGE FORECLOSURE
James L. McNaney, Jr. €:NO. 07-5897
Debra McNaney
Defendant(s)
TO: James L. McNaney, Jr.
411 Lamp Post Lane
Camp Hill, PA 17011
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you
you
are hereby notified that a Judgment has been e7othijS'
in the above proceeding as indicated below.
P X Ju
dgment by Default
X Money Judgment
Judgment in Replevin
Judgment for Possession
Judgment on Award of Arbitration
Judgment on Verdict
Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL:
ATTORNEY Udren Law Offices, P.C.
At this telephone number: 856-669-5400
?r
M
UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
MARK J. UDREN, ESQUIRE - ID #04302
STUART WINNEG, ESQUIRE - ID #45362
LORRAINE DOYLE, ESQUIRE - ID #34576
ALAN M. MINATO, ESQUIRE - ID #75860
CHANDRA M. ARKEMA, ESQUIRE - ID #203437
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400 pleadings@udren.com
Franklin Credit Man4gement :COURT OF COMMON PLEAS
Corporation :CIVIL DIVISION
Plaintiff ::Cumberland County
V.
:MORTGAGE FORECLOSURE
James L. McNaney, Jr.
Debra McNaney :NO. 07-5897
Defendant(s)
TO: Debra McNaney
411 Lamp Post Lane
Camp Hill, PA 17011
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania you
are hereby notified that a Judgment has been en re st you
in the above proceeding as indicated below.
P hon ry
x Judgment by Default
X Money Judgment
Judgment in Replevin
Judgment for Possession
Judgment on Award of Arbitration
Judgment on Verdict
Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL:
ATTORNEY Udren Law Offices P.C.
At this telephone number: 856-669-5400