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Home My WebLink About04-0572UDREN 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 08003-3620 856-482-6900 Manufactures & Traders Trust Company P.O. Box 1288 Buffalo, NY 14240 Plaintiff ATTORNEY FOR PLAINTIFF COD-RT OF COMMON PLEAS CIVIL DIVISION Cumberland County Rhett L. Hefelfinger Kelly L. Hefelfinger 304 East Louther Street Carlisle, PA 17013 Defendant(s) ! Oq - Sq' 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 RAVE 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 717-24-3166 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 provisiones 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 O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PAPA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-24-3166 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) 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: Financial Trust Company Assignments of Record to: Manufactures & Traders Trust Company 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, 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 indebted_ness. 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: 304 East Louther Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Carlisle COUNTY: Cumberland DATE EXECUTED: 07/18/96 DATE RECORDED: 07/19/96 BOOK: 1331 PAGE: 1010 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 Mortgage 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. 12/16/03: The following amounts are due on the said Mortgage as of Principal of debt due $23,462.96 Unpaid ~nt~rest at 8.0% from 05/26/03 to 12/16/03 (the per diem interest accruing on this debt is $5.14 and that sum should be added each day after 12/16/03) 1,048.56 Title Report 250.00 Court Costs (a~ticipatgd, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $72.92 and that sum should be added on the first of each month after 12/16/03) 199.49 Late Charqes (monthly Sate charge of $6.69 should be added in accordance with the terms of the note each month after 12/16/03) 144.01 Attorneys Fees (anticipated and actual to 5% of principal) 1,173.15 TOTAL $26,558.17 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. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 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 the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, 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 $26,558.17 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. Ud~ren,~QUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CERTAIN LOT OF GROUND SITUATED IN THE BOROUGH OF CARLISLE, CUMBEPJ~/qD COUNTY, PENNSYLVANIA, BOUNDED AND DESG~RIBED AS FOLLOWS: ON THE EAST BY PROPERTY FORMERLY OF CHARLES SHAPLEY, NOW OR FORMERLY OF KATHLEEN MINNICH; ON THE SOUTH BY AN ALLEY; ON THE WEST BY PROPERTY FORMERLY OF MRS. SUSAN SHROM, NOW OR FOI~4ERLY OF ART~hTR MARTIN; AND ON THE NORTH BY EAST LOUTHER STREET; CONTAINING 15 FEET, MORE OR LESS, ON SAID EAST LOUTHER STREET AND 197 FEET, MOPE OR LESS, IN DEPTH TO SAID .~T.T.F.y. BEING IMPROVED WITH A DWELLING HOUSE KNOWN AS 304 EAST LOUTHER STREET, CAR.LISLE, PENNSYLVANIA 17013. PARCEL NO.: 02-21-0318-329 ,.%N-21-04 lIED 08:35 AM NO, P, 04/09 pa'Ucc: ,],"Dpculrl~nt Nar'ne: 9~io~ VTI~;W 2.0 BROWSE - PMTGOLLWM000 COMMAND ~,~- > .Car].i:,le PA 17013 t{om(:own~r's Nama(s): Rhett L Hefelfinser Kelly L Peraz ) Proper~y Address: 304 E Lo~lther Carlisle P~ 170~3 Loan Ac~.No.: 0009785825 Curant I,ender/ Servicer: M&T Mor[~ga~a Co~poration HOMEOWNER' S EMERGENCY MOrTGAgE ASSIST~C~ PROGRAM I{OMEOWNE~'S EMERGENCY MORT~ ASSIST~CE PROGR~ YOU ~Y B~I ~LIGIBLE FOR FINANCI~ ASS~ST~C~ WItICH CAN SAVE Y0~ HOME FROM FORECLOS~E HELP YOU MAKE F~U~E MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERgeNCY MORTGAGE ASSISTANC~ ACT OF ~983 (Ti{S "ACT"), YOU ~Y BE ELIGIBILE FOR EMERGENCY MORTGAGE ASSISTANCE * IF YOU~ DEFAULT ~S B~EN CAUSED BY CI~C~ST~CES BEYOND YOUR CONTROL, * II~ YOU NAVE A REASONABL~ PROSPECT OF BEING ~LE TO PAY YOUR MORT(%AG[:: PA~ENTS, AND * IF YOU ~EET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY TIIE PENNgYLV~IA [lOUSING FIN~CE A~ENCY, TL~MPO~RY STAY OF FOR[~CLOSURE -- Under the Act, y~u are entitled .~o a ~s%porary stay of foreclosure on yaur mortgage for ~hirty (30) .i[ays form tl~e date of .and attend a "face-to-face', meetin~ with one of the consumer credi~ Datc: Jt/12/2004 Time: 04:49:49 PM IEXHIBIT A JEN-21-04 WED 08:35 8N FEX NO, P, 05/09 VI~:W 2.0 HI~OWSI,: - PMTGOLLWM000 ..................................................... (If you have filed ballk,ruprcy you can still apply for Emergency .Mortgac3e A:l,';i:)t~nce, ) HOW TO CURE YOUR MORg~GA¢~'E DEFAULT (Brin9 it up to date). ,NATURE OF TH~;I DT~FAULT-- The MORTGAGE debt held by the above lender on ,your property located at: ~04 E Louther Carlisle PA 17013 'J.~ ~[,:R~OUSLY IN DEFAULT because: .YOU HAVE NOT ~DE MONTHLY MORTGAGE PAYMENTS for the followin~ .mot~t))s mhd the fol],owinfl amounts are now past du~: Regular.' monthly pa~ents of $ 206.69 for the months of 06-26-03 through today's date. Other ~::h~rges: Aocrued late charges:$ 97.18 Accrued ether fees: $ TO'I'A[, AMO(]N~' PAST DUE: $ 1400.63 ~CL . ~)ARPA(}E .09-07-03 MSB LE'2~'E~WRI~ER ACTIVITY FOR MONTI{ O~ 08- .LOAN= 00097~{5825 DAT~;:08-28 USER=KG3 ~Y~CL955 ~RS~003 TITLE-PA ACT 91/6 pa~e 2 . I,INER- PE~I- PAGE=NO CONDITIONS:0 ,T{OW '~'O CURE THE DEFAULT -~ You may cure the default within THIRTY · (30) DAYS of the date of this notice BY PAYING TI.IS TOTAl,, AMOUNT r)ate: 1./]2/200.] T]~'i?.; 04:50:10 PM JAN-21-04 WED 08:36 FAX NO, P, 06/09 Page; l Documczlt. N~n~e: Sesel..la ViEW 2.0 BROWSE - PMT~or,LWM000 COMMAND = .PAf~'I' ~')US TO THE L~;NDER, WHICH IS $ 1400.63, PLUS ANY .MORTGAGE PAYMENTS AND LATE CH~QES W~ICH BECOM~ DUE DURING THE .?HIR'~'~ (30) DAY PERIOD. Pa~nents must be made by cash, cashier's .check, certified check or money order ~ade payable and sent to: M&T Mortgage Corporation One Fountain Plaza/ 7th Floor A~ [.~: Pa~nt Processi~ Buffalo, NY 1~203 ,You can cur~ any other default by taking th~ followin9 action .wit. hi~] 'fHIR?Y (30) Days of the date of this letter: .~"~-%]~"""~-CURE q'H14I DEFAULT -- If you do not cure the default .wtt]~in T}I~R'FY (30) DAYS of the date of this Notice, the lender .~nte~ds to exercise itu righks to accelerate the mortgage debt. .uonsidu¢rcd due ~.mmediately and you may lose the chance to pay the .morhgage in monthly installments, If full paymez~t of the total .amo%n~ past d%ze is no~ made within 'i'~IR~Y (~0) DAYS, thc lender ,also intend,,J to ins=ruer its attor~leys to start lu~al actio~ .to foroclosuro upon you~' ~nortgaged property. , IF 'PHE MOR%'{]A~ IS FORECLOSED UPON -- The mortgaged property will .be ¢~o'[d by the Sheriff to pay off the mortgage debt. If the .lender refo['s yo%t~' case to its attori~eys, but you cure tho .dcli[lque~%cy before ~he lender begins legal proceedings against .yell you will still be ref~ired to pay the reasonable attorney's ,fee[~ th~: were: actually incurred, up to $50.00. However, if legal Dat~: ]/:L2/200,t Tim~%: 04:50:16 PM J~H-21-04 WED 08:36 AH F~× N0, ?. 07/09 P ~9~, ]'. ])~¢;umcnt. Name: Se~si~ .a V]I,:W O BROWS~ - PMTGOLLWMO00 ................................... COMMAND =~, ~ .proeeedin~3 are st~ed ~9ainst you, you will have to p~y ~11 .res0onable aCtorr~ey's fees Ectu~ly incurred by the le~de~ e~en .if they oxo~.od $50.00. Any ~t~.orney's fees will be added to .amou,t you owe thc l~nder, ~hic~ m~y ~lso fnclude other reasonable .co~t~. If you cu~-e the def~l~ ~t'.~ the THIRTY (30) 9AY period, ,you will not b~ re~lired to pay attorney's fc~s. .OT11E[~ LENDER REMEDIES -- Tha lender may also sue you~' p~rsonally .~or the ~nDald prinoipal balance and ~ll othar sums du~ under , thc ~,lor~a~. .RIGH~ TO CU~E THE DE~AUST PRIOR ~O SHERIFF'S S~E -- If you have ,not cured tho default w~thin the THIRTY (~0) DAY period and .fo~eolomure proccodiil~js have begun, you still have the right to .cur~ thc'~ defa%Tlt and prcven~ the sane at any time up to one hour .before the Sheriff,s Sale. You may do ~o by paying tho to~al .al~ol~lt ~h~% past d~e, plus any late or other char~es th~n du~, ,reauo~%~ble ~.~o~'ney'~ fees and costs connected with ~ha foreclosure .sate and other cosLs connected wi~h ~he Sheriff's Sale as specified .~n wriLin~ by the lender and by perfo~i1~g any other retirements .unde~~ the ~,ort~agc. Curin~ your d~fault in the ma~cr ~;et forth .th~s l~ouiee will restor~ your mortgage to the eame position as if .yo~ had hayer defau]t~ed. . ,,ARPA(,L ~/5707 ,09-07-0t MSP LETTERWRITER ACTIVITY FOR MONTH OF 08- ,LOAN=~ 0009785825 1.)A[~=08-28 USER-KG3 KEY=CLg~S VERS=003 TITLE-PA ACT 91/6 pa~ 2 , LINES.- P],:~I-PAGE=NO CONDITIONS=0 Date: 1/12/2004 04:50;~1 PM JflN-2]-04 WED 08:37 ~M FflX NO, P, 08/09 Page: 1 Document Name: Ses,~i. VT~W 2.0 BNOWgR C, OMM~D ..... .hART,I£S[ POSSIBLE SItRRIFF'g SALE DATE -- It is estimated that the .~'~arlic~t (']ate ~ha~ such a Sheriff's Sale of the mortgaged property ,could bo held woLlld be approximatoly 10 months fram the date of .t,h~.$ Not~ae. A ~Lo~i~o of %he actual date of the Sheriff's Sale ,will be sent ~o you be~ore the ~ale. Of course, the amount ,n~cded to cu];e thc de~aul~ willincrease' ' the longer you wait. You .nu%y fji~d o%~t at any ~ime exaatly what the re~ired payment or .action will bo coll~actin~ th~ lender. .HOW ",QO CONTACT THE IJI,:NDER: Name Of Landor: M&T Mortgage Corporation Address: P,O. Box 840 Buffalo, NY 14240 Pkone Nu[J~)er: 800~724-1633 .RFFECT OF SHERI[~'i~'S SALE -- You st~ould realize that a Shaiff's Sale ,will e'ml yol%r o~lersh~p of the~ mortgaged property and your ~ight .to occupy it, If yo%,% continue to llv~ in the property after the ,Sheriff's S~Lle, ~ lawsuit to remove you and your furnishings and ,othuL- belongings could be star~ed by the lendcr at any time. .A~f~UMPTION OF MORTGAGE -- You ~.. may or _XX_ may not ,~Qi'[ Or t~ansfar your ho~e to a bt~yer or t~ansfere~ who will .~J'L~ I%%ortgage debt, provided tba~ all ~he outstanding ,clarg~'~s and ~ttornay,s fees and costs are paid prior to or at the ,ga],~ and thah the other recpl~.rements of the mortgage are satisfied. Dar~: 1/1;./,.004 Time: 04:50:25 PM JhN-21-04 WED 08:37 FAX NO, ?, 09/09 VI[~W 2.0 J~ROW~E - PMTGOLLWM000 YOU MAY ALSO IIAVE TIIE RIGHT: ~ [fO S[,;SL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAG~ DEBT OR TO BO[i~OW MONEY FROM ~OTHER LENDING ~NSTIT~ION TO PAY OFF TflIS DEBT. * '1'0 ~[AVJ': THIS DEFAULT CURFD BY A~ THIRD PARTY ACTING ON YOUR BD:I'[ALF. * TO HAVE TIlE MORTGAGE RESTORED TO THE S~E POSITION AS IF NO DEI"AUI/I' HAD OCC~ED, IF YOU CURE ~HE DEFA~T. (HOWEVER, YOU DO NOT ~IAVE qmJ~ RX~H~ TO C~ ~o~ DEFAU~ MORE T~ THREE IN ANY CALEBDAR ~ 970 ASSHRT THE NONEXISTENCE OF A DEFAULT IN ~Y FORECLOSURE PROCBEgING OR ANY OS'}~B& ~SUIT INSTIT~ED ~DER T~E MORTGAGE DOCUMENTS. * TO A¢;E3I,',RT ANY OTHER DEFENSE YOU B~LI~IVF. YOU ~Y ~VE TO ~UCH ACTION 3Y THE * TO SS;IfJK PROTECTION ~DER THE FEDE~ B~KRUPTCY LAW, . Sincorely, CL 955 .E]%O: 41 SAR PAG3~I '75'708 09-07-03 MSP LETTERWRITER ACTIVITY FOR MONTH OF 08- .LOAN: 0009785825 DATE=08-28 USER-KG3 ~Y=CLg53 ~}~RS=005 TITLE=PA ACT 91/6 2p , LINES- PER- PAGb:=NO CONDITIONS=0 Date~ 1/12/2004 Time: 04:50:29 PM VERIFICATION this statement herein Pa.C.S. Section 4904 authorities. 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 is made subject to the penalties of 18 relating to unsworn falsification to Mark J. U IRE UDREN LAW OFFICES, P.C. SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-00572 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MANUFACTURES & TRADERS TRUST VS HEFELFINGER RHETT L ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT HEFELFINGER KELLY L unable to locate Her in his bailiwick. ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and but was He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 304 EAST LOUTHER STREET CARLISLE, PA 17013 , NOT FOUND , HEFELFINGER KELLY L PER RHETT, DEFENDANT HAS NOT LIVED IN AREA SINCE 1996. as to Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 21.00 So answe~~ ...... i~~ R. Thomas Kline Sheriff of Cumberland County MARK UDREN 02/24/2004 Sworn and subscribed to before me this ~ day of ~z~ g~00~ A.D, SHERIFF'S RETURN - CASE NO: 2004-00572 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURES & TRADERS TRUST VS HEFELFINGER RHETT L ET AL REGULJtR GERALD WORTHINGTON Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE HEFELFINGER RHETT L DEFENDANT at 1400:00 HOURS, on the at 304 EAST LOUTHER STREET CARLISLE, PA 17013 RHETT L HEFELFINGER a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 19th day of February , 2004 by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~, ~ day of J~ ~6~d7 A.D. , 1~rothonot ary So Answers: R. Thomas Kline o /2 /2oo MARK HDREN Deputy S~iff 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 08003-3620 856-482-6900 Manufactures & Traders Trust Company Plaintiff Rhett L. Hefelfinger Kelly L. Hefelfinger Defendant(s) ATTORNEy FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 04-572 ~RAECIPE TO REINSTATE COMPLAI~ TO THE PROTHONOTARY: Kindly reinstate the Complaint on the above-captioned matter. DATE: March 4, 2004 UDREN LAW OFFICES, P.C. ML ~.! U~ren, ESQUIRE ATTOg_NEY FOR PLAINTIFF SHERIFF'S RETURN - REGULAR CASE NO: 2004-00572 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURES & TRADERS TRUST VS HEFELFINGER RHETT L ET AL CPL. KATHY CLARKE , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon HEFELFINGER KELLY L DEFENDANT at 1130:00 HOURS, on the 9th day of March at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to KELLY HEFELFINGER a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, the 2004 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 Sworn and Subscribed to before me this ~? day of Prothonotary So Answers: R. Thomas Kline os/o9/ OOl UDREN LAW OFFICES By: Deputy She~ri f f Michael J. Wilson Attorney at Law 816 Derby Avenue Camp Hill PA 17011-8367 (717) 774-7018 IDNo. 52680 Attorney for Defendant IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA MANUFACTURES & TRADERS TRUST P.O. Box 1288 Buffalo NY 14240 Plaintiff KELLY L. PEREZ a/k/a KELLY L. HEFELF1NGER Defendant No. 04 - 572 Civil Term Mortgage Foreclosure ANSWER AND NEW MATTER, OF DEFENDANT KELLY L. pEREZ a/k/a KELLY' L. HEFELF1NGER TO COMPLAINT IN MORTGAGE FOIlJECLOSURE AND NOW comes Defendant, KELLY L. PEREZ aik/a KELLY L. HEFELF1NGER, through their undersigned attorney, who answers the Complaint in Mortgage Foreclosure brought by MANUFACTURES & TRADERS TRUST and in further support thereof state that: 1. APter reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the troth of the averment. 2. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the troth of the averment. 3. Admitted upon information and belief as to any properly recorded document. As to the remaining, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the troth of the averment. 4. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the troth of the averment. By way of further answer, Defendant has not resided at or had possession of said real property since the termination of her marriage to co-Defendant Rhett L. Hefelfinger, who, by terms and provisious of a Marital Settlement Agreement (or similarly titled agreement) between them, was obligated to service and pay the mortgage then due and owing on the real property which is not alleged to be in default, and neither said co-Defendant nor any financial entity has furnished or given Defendant any information, other than the Complaint in Mortgage Foreclosure, pertaining to any alleged default or causes therefor. 5. See answer to paragraph 4 and incorporate herein. 6. See answer to paragraph 4 and incorporate herein. 7. The allegation states a legal conclusion. No responsive pleading is required. 8. Denied. Defendant denies receiving the combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, and Notice of Intention to Foreclose under Act 6 of 1974 by either regular or certified mail and further denies that the attached pages to the Complaint in Mortgage Foreclosure identified as Exhibit A were sent or delivered to her at any time. WHEREFORE DEFENDANTS pray the court dismiss the Complaint in Mortgage Foreclosure with prejudice. -2- NEW MATTER PURSUANT TO PA.R.C.P. 1030~a) DEFENDANT hereby incorporate paragraphs 1 - 8 as if fully set forth and further state that: 9. DEFENDANT plead the affirmative defense of accord and satisfaction. 10. DEFENDANT plead the affirmative defense of estoppel. 11. DEFENDANT plead the affirmative defense of failure of consideration. 12. DEFENDANT plead the affirmative defense of fraud. 13.. DEFENDANT plead the affirmative defense of illegality. 14. DEFENDANT plead the affirmative defense of laches. 15. DEFENDANT plead the affirmative defense of payment. 16. DEFENDANT plead the affirmative defense of release:. 17. DEFENDANT plead the atTtrmative defense of statute of frauds. 18. DEFENDANT plead the affirmative defense of statute of limitation. 19. DEFENDANT plead the aft'a'mative defense that PLA/INTIFF falls to state a claim upon which relief can be granted. 20. DEFENDANT plead the affirmative defense that PLAINTIFF lacks standing to sue DEFENDANTS. WHEREFORE DEFENDANTS pray the court dismiss the Complaint in Mortgage Foreclosure with prejudice. Dated: April 6, 2004 Michael 2[. Wilson -3- Michael J. Wilson Attorney at Law 816 Derby Avenue Camp Hill PA 17011-8367 (717) 774-7018 ID No. 52680 Attorney for Defendant IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA MANUFACTURES & TRADERS TRUST P.O. Box 1288 Buffalo NY 14240 Plaintiff KELLY L. PEREZ a/k/a KELLY L. HEFELF1NGER Defendant No. 04 - 572 Civil Term Mortgage Foreclosure CERTIFICATE OF SERVICE I, Michael J. Wilson, Attorney at law, hereby certify tba~t a line and correct copy/copies of the following document(s)/paper(s): Answer and New Matter; and, Certificate of Service dated April 6, 2004; was/were served on the date specified below to the following individual(s) by United States Mail, postage prepaid: Attorney Mark J. Urden Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill NJ 08003-3620 Attorney for Plaintiff Dated: April 6, 2004 Michael J. Wilson Attorney for Defendant 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 08003-3620 856-482-6900 Manufactures & Traders Trust Company Plaintiff ATTORNEY FOR PLAINTIFF . COURT OF COMMON PLEAS : CIVIL DIVISION ~ Cumberland County .- Rhett L. Hefelf'mger : Kelly L. Hefelfinger - NO. 04-572 : Defendants : ORDER AND NOW, to wit, this day of ,2004, upon consideration of Plaintiff's Motion for Summary Judgment and supporting docu2ments thereto, and upon consideration of the Reply, if any, filed by the Defendant heretc~, the Court hereby determines that Defendant, Kelly L. Hefelfinger only, has failed to make a ]legal defense to Plaintiffs claim and that Plaintiff is entitled to Summary Judgment as a matter e.f law, and the Court, therefore, ORDERS AND DECREES that Judgment, in rem. shall be enllered in favor of the Plaintiff and against Defendant, Kelly L. Hefelfinger only, in the amount of S28,050.49 (as calculated from the Complaint), together with ongoing per diem interest, escrow advances, and any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of the mortgaged property. It is further ORDERED AND DECREED that Defendant's New Matter is hereby denied and dismissed, with Prejudice. BY THE COURT: 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 08003-3620 856-482-6900 Manufactures & Traders Trust Company Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS C1VIL DIVISION Cumberland ,County V. Rhett L. Hefelfinger Kelly L. Hefelfinger i NO. 04-572 : Defendants : MOTION FOR SUMMARY JUDGMENT Plaintiff, Manufactures & Traders Trust Company, by its Attorney, Mark J. Udren, Esquire, respectfully requests your Honorable Court to enter an Order granting Summary Judgment in the above-captioned matter for the following reasons: 1. There are no genuine issues as to any material fact, and therefore, Plaintiff (moving party) is entitled to Judgment as a matter of law. 2. Defendant, Kelly L. Hefelfinger only, filed an ga~swer and New Matter to the Complaint in which Defendant effectively admitted all of the allegations in the Complaint. 3. At the time of this pleading, Defendant owned the premises being foreclosed without making a mortgage payment for an excessive period of time. 4. Although Defendant purports to deny and/or fails to deny, in whole or in part, specifically or by necessary implication the averments contained in paragraphs 1 through 8 of the Complaint, in reality, said denials are improper and should be deemed as admissions for the reasons set forth in the attached Memorandum of Law. 5. Plaintiff complied with the Pennsylvania pre-foreclosure Notice requirements of Act 6 (41 P.S. Section 101, et seq.) and Act 91 (35 P.S. Section 1680.401c, et seq.). 6. Defendant's New Matter does not offer any genuine issue as to any material fact, is irrelevant and immaterial, and contains mere conclusions of law, not factual disputes. 7. Plaintiff has an express contractual right pursuant to the terms of the Mortgage to charge the Defendant attorney's fees as a consequence of the initiation of the within action in Mortgage Foreclosure. 8. In addition to the amounts due and owing as set forth in the Complaint, additional sums have accumulated since the filing of the Complaint, pursuant to the terms of the Mortgage. The total amounts due and owing, which sums can be calculated from the face of the Complaint, are as follows: Principal of debt due and unpaid Interest at 8.0% from 5/26/03 to 5/15/04 (the per diem interest accruing on this debt is $4.81 and that sum should be added each day after 5;/15/04) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/Balance (the monthly escrow on this account is $72.92) Late Charges NSF Charges BPO Letters Property Inspections Other Fees Attorney's Fees (anticipated and actual to 5% of principal) TOTAL $23,462.96 1,684.00 250.00 280.00 554.37 144.01 150.00 100.00 45.00 207.00 1,173.15 $28,050.49 WltEREFORE, Plaintiff respectfully requests that the Honorable Court grant its Motion for Summary Judgment, and that Judgment be entered, in rem, as prayed for in the Complaint in favor of the Plaintiff and against the Defendant, Kelly L. Hefelfinger only, in the amount of $28,050.49, together with ongoing per diem interest, escrow advances, and any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of the mortgaged property; and, that Defendant's New Matter be denied and dismissed with prejudice. Respectfully submitted, UDREN LAW OFFICES, P.C. By: /~t.-.~/ Mark J. Ucken, Esquire Attorney fi)r Plaintiff/Movant RECORDATION REQUESTED BY: WHEN RECORDED MAIL TO: SEHD TAX NOTICES TO: MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE THiS MORTGAGE IS DATED JULY 18, 1996, between Rbett L. Hefelflnger and Kegy L. Hefelfinger, owner(s) in fee simple, who~e addrem~ is 304 E. Louther Street, Carlisle, PA 17013 (referred to below as "Grantor"); and Flnancis] Trust Company, whose address is One West High Street, Carlisle, PA 17013 (referred to below as "Lender'). In Cumb~land County, Commonwealth of Pennsylvania (the "Real Pmpe~f"): see Exhibit "A" townahtp: Carlisle Bom The Real Property or Its address ~s commonly known ss 304 E. Louther Sb'eet, Carlisle, PA 17013. EXHIBIT,°, EXHIBIT "A" e ALL THAT CERTAIN lot of ground situated itl the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the East by property formerly of Cl~arles Shapley, now or formerly of Kathleen Minnich; on the South by an alley; on the West by property formerly of Mrs. Susan Shrom, now or formerly of Arthur Martin; and on the North by East Louther Street; Containing 15 feet, more or less, on said East Louther Street and 197 feet, more or less, in depth to said alley. BEING improved with a dwelling house known as 304 East Louther Street, Carlisle, Pennsylvania 17013. BEING the same property which R. Fred Hefelfinger, Executor of the Estate of Margaret W. Hefelfinger, by his Deed dated July, /'~ , 1996, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, simultaneously herewith, granted and conveyed unto Rhett Lee Hefelfinger and Kelly L. Hefelfinger, husband and wife, Mortgagors herein. MORTGAGE · Page 2 (Continued) MOR'rGAGE Page 3 (Continued) MORTGAGE Page 4 (Continued) MORTGAGE · Page (Continued) MORTGAGE · Page 6 (Continued) CERTIFICATE OF RESIDENCE MORTGAGE ~age ? (Continued) INDIVIDUAL ACKNOWLEDGMENT STATE OF Pennsylvania ) cumber&and )ss CO~JNTY OF ) on t~s, me ~y ~ Jul , lg 96, ~-e me Patricia D. Olyarnik . t~ At~t,IDED: 02/05/0& ORDER NO: 21818? cUsTOMER: MARK J. UDRKN & AsSocIATES 1040 N. KINGS HIGHWAY sUITE 500 CHERRY HILL, NJ 08034 VESTA ABSTRACT cORP pROpERTY pROFILE REPORT pREPARED DATE= 02/04/04 EFFECTi%~E DATE: 01/28/04 LOAN NO.: 03120501 ACCOUNT: 0001 IN RE: RHETT L. HEFELFINGER AND K~:LLY L. HEFELFINGER pROPERTY ADDRESS: 304 EAST LoUTHER STREET cumberland County CITY: CARLISLE, ~IP: 17013 STATE: PA **********TRANSFER OF iNTEREST******** LAST GRANTEE OF RECORD: RHETT L. HEFELFINGER AND KELLY L. HEFELFINGER LAST GRANTOR OF REcoRD: R. FRED HEFELFINGER, EXECI~OR OF THE LAST WILL AND TESTAMENT OF MARGARET W. HEFELFINGER CONSIDEEATION: $ 42,000.00 iNSTRUMENT TYPE: DEED REcoHDED: 07/19/96 DATED: 07/18/96 pAGE: 1008 BOOK: 142 *********LEGAL DESCRIPTION********* A COMPLETE COPY OF DEED IS ATTACHED AND ]~ADE A pART OF THIS REpoRT. *********A S S E S S M E N T / T A X E S ********* pROPERTY ID NO-: LAND: 02.21-0318-329 $ 8,270.00 TAX TYPE: REAL ESTATE TAX yEAR(S): 2002 AMOUNT: $ N/A BUILDING: $ 60,130-00 STATUS: pAID IF ANY OF THE ABOV~ TAX iNFOP~ATION HEREIN CONTAINED IS DELINQUBNT, IT MAY BE SUBJECT TO pENALTY, INTEREST AND SATISFACTION FEES- ********* M 0 R T G A G E S / D E E D S 0 F T R U S T ********* MORTGAGE/DEED OF TRUST MORTGAGOR: RHETT L. HEFELFINGER AND KELLY L. EEFELFINGER, OWNERS IN FEE SIMPLE MORTGAGEE: AMOUNT: DATED: BOOK: FINANCIAL TRUST CoMPAnY, ONE WEST HIGH STREET, CARLISLE, PA 17013 $ 32,000.00 RECORDED: 07/19/96 ~ 07/18/96 pAGE: 1010 1331 EXHIBITB TOTAL: $ 68,400.00 MORTgAGE/DEED OF TRUST MORTC. A~OR: MORTC. AGEE: AldDUNT: DATED: BOOK: RHETT L. HEFELFINGER PENNSYLVANIA HOUSIN~ FINANCE A~ENCY, 2101 NORTH FRONT STREET, 15530, HARRISBURG, PENNSYLVANIA 17105-5530 $ 4,000.00 06/19/98 RECORDED: 06/29/98 1463 PA~E: 885 P.O. BOX *********L I E N S ********* (Liens have not been verified as belonging to ~lubjects of this report) THIS REPORT EXCLUDES OVER DUE SUPPORT OBLIGATIONS OF 6~I~/TTEES CURRENTLY VESTED IN i~DED LIENS ON THE PROPERTY. CLAIMANT: BOROUOH OF CARLISLE, NO ADDRESS AVAILABLE AMOUNT: $ 253.40 RECORDED: 07/19/01 CASE NO.: 2001-04385 BANKRUPTCY COVER DATE: 01/28/04 SEE ATTACHED 3 COPY(S) ********* M I S C E L L A N E O U S ********* PLEASE NOTE: REQUESTED THE LAST PAGE OF THE DEED. ********* C A U T I O N T 0 C U S T O M E R ********* IN THE EVENT THAT AN ATTORNEY, ABSTRACT COMPANY, OR A~ OTHER TITLE INSURANCE ENTITY ORDERS OR USES A VESTA ABSTRACT CORP. PROPERTY PROFILE REPORT AS THE INFORMATION BASIS FOR ISSUIN~ A TITLE OPINION, ATT01~N~:Y OPINION, ABSTRACT OF TITLE, TITLE INSURANCE COI~4ITMENT, TITLE INSURANCE POLICY, OR ANY PURPOSE UKRELATED TO THE MAKIN~ OF A SECOND MORTgAgE LOAN, VESTA ABSTRACT SHALL SUSTAIN NO LIABILITY WHATSOEVER FOR ERRORS OR OMISSIONS IN THE REPORT. ...END OF REPORT ALL THAT CERTAIN LOT OF ~ROUND SITUATED IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTy, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS= ON T~H EAST BY PROPERTY FOI~M~RLy OF CHARLES SEAPLEY, NOW OR FORMERLy OF EATHLEEN MINNICH; ON THE SOUTH BY AN ALLEY; ON THE WEST BY PRO]?ERTY FORMERLY OF ~RS. SUSAN SHROM, NOW OR FOP. MERLY OF ARTHD'R MARTIN; AND ON THE NORTH BY EAST LOUTHER STREET; CONTAININ~ 15 FEET, MORE OR LESS, ON SAID EAST LOUTHER STREET AND 197 FEET, MORE OR LESS, IN DEPTH TO SAID ALLEY. BEIN~ IMPROVED WITH A DWELLIN~ HOUSE KNOWN AS 304 EAST LOUTHER STREET, CARLISLE, PENNSYLVANIA 17013. PARCEL NO.: 02-21-0318-329 VERIFICATION Mark J. Udren, Esquire, hereby states that he is the atto:mey 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 unswom falsification to authorities. Dated: fl'--,~--~ e~r Mark J. Udren, Esquire UDREN LAW OFFICES, P.C. 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 08003-3620 856-482-6900 Manufactures & Traders Trust Company Plaintiff V. Rhett L. Hefelfinger Kelly L. He£elfinger ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County ' NO. 04-572 .- Defendants : CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I served t~ae and correct copies of Plaintiffs Motion for Summary Judgment, Brief in Support and Argument Pmecipe upon the following persons named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: May .~ ,2004 TO: Michael J. Wilson, Esquire 816 Derby Avenue Camp Hill, PA 17011-8367 Attorney for Defendant, Kelly L. Hefelfinger Rhett L. Hefelf'mger 304 East Louther Street Carlisle, PA 17013 Defendant UDREN LAW OFFICES, P.C. By:. Mark J. Udren, Esquire Attorney for Plaint:[ff/Movant PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and sulmmitted J3~ duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pl~e list the with_in matter f~r the next ~t Court. CAPTION OF CASE Manufacturers & Traders Trust Company Rhett L. Hefelfinger .~Kelly L. Hefelfinger (plaintiff) ( Defer~n~ No. 04-572 1. State matter to be argued (i.e., plaintiff's ~Dtion for new trial, defendant's d~u~z~-c to c~,~a~nt, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who w~]l argue case: (a) for p)~ntiff: (b) for defem~ant: ~s: Mark J. Udren, Esquire 111Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-21620 Michael J. Wilson, Esquire 816 Derby Avenue Camp Hill, PA 17011-8367 3. I w~ 11 notify al 1 parties in writing within t~ d~ys that this m~e been ]isted for arc3~nant. 4. Ar~ja~ent ~ Date: June 9, 2004 May 3 2004 Attorney for~laintiff 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 08003-3620 856-482-6900 Manufactures & Traders Trust Company Plaintiff Rhett L. Hefelfmger Kelly L. Hefelfinger Defendants ATTORNEY FOR PLAINTIFF . COURT OF COMMON PLEAS : CIVIL DIVIlSION i Cumberland[ County .- i NO. 04-572 .- PLAINTIFF'S REPLY TO DEFENDANT,S NEW MA'fI'EIt 9. Denied. This averment is denied as a conclusion of law to which no response is required. By way of further reply, Defendant fails to identify or attach as an exhibit to her Answer any document evidencing "accord and satisfaction". 10. Denied. This averment is denied as a conclusion of law to which no response is required. By way of further reply, no facts are alleged or exist to support application of this principle of law. 11. Denied. This averment is denied as a conclusion of law to which no response is required. In any event, by way of further answer, Defendants received consideration, to wit, the benefit of the loan proceeds. 12. Denied. This averment is denied as a conclusion of law to which no response is required. By way of further reply, Plaintiffacted appropriately in its dealings with the Defendant and complied with all relevant laws, rules and regulations, as we]il as the terms of the subject Mortgage and Note. Defendant's New Matter is pled in violation ofPa. R.C.p. 1019(b) as all averments of fraud must be pled with particularity. No facts are alleged in support of Defendant's averment. 13. Denied. This averment is denied as a conclusion of law to which no response is required. By way of further reply, Plaintiff acted appropriately in its dealings with the Defendant and complied with all relevant laws, rules and regulations. 14. Denied. This averment is denied as a conclusion of law to which no response is required. By way of further reply, Plaintiff acted timely in its dealings with the Defendant and complied with all relevant laws, rules and regulations. The default occurred on or around June 2003 and Plaintiff timely acted to protect/ts interest. 15. Denied. This averment is denied as a conclusion of law to which no response is required. By way of further reply, no facts are alleged to support the conclusion. 16. Denied. This averment is denied as a conclusion of law to which no response is required. By way of further reply, Defendant fails to identify or attach as an exhibit to her Answer any document evidencing "release" of the lien/claim. 17. Denied. This averment is denied as a conclusion of law to which no response is required. By way of further reply, Plaintiff acted appropriately in its dealings with the Defendant and complied with all relevant laws, rules and regulations, as well as the terms of the subject Mortgage and Note. The argument is in fact reduced to writing and Defendant failed to comply with it. 18. Denied. This averment is denied as a conclusion of law to which no response is required. By way of further reply, the Statute of Limitations in s:n action in mortgage foreclosure is twenty (20) years (42 Pa.C.S.A. Section 5529 (b)). The defau]!t occurred on or around June 2003, thus, Plaintiff's action was t/mely commenced. 19. Denied. Tiffs averment is denied as a conclusion of law to which no response is required. 20. Denied. This averment is denied as a conclusion of law to which no response is required. By way of further response, _see Complaint. WHEREFORE, Plaintiff prays and respectfully requests ~tat the Honorable Court deny and dismiss, with prejudice, Defendant's New Matter, and award judgment in Plaintiffs favor as prayed for in its Complaint. UDREN LAW OFFICES, P.C. Mark J. Udren. Esquire Attorney for Plaintiff 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 08003-3620 856-482-6900 Manufactures & Traders Trust Company Plaintiff Rhett L. Hefelfinger Kelly L. Hefelfinger Defendants ATTORNEY FOR PLAINTIFF . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County . ' NO. 04-572 CERTIFICATE OF SERVICI': I, Mark J. Udren, Esquire, hereby certify that I served a true and correct copy of Plaintiffs Reply to New Matter upon the following persons named herein at their last known address or their attorney of record. xxxxxx__ Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: May,_~ , 2004 TO: Michael J. Wilson, Esquire 816 Derby Avenue Camp Hill, PA 17011-8367 Attorney for Defendant, Kelly L. Hefelfinger Rhett L. Hefelfinger 304 East Louther Street Carlisle, PA 17013 Defendant UDREN LAW OFFICES, P.C. By:~____ J Mark J. Udren, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD CHERRY HILL, NJ 08003 856-669-5400 Manufactures & Traders Trust Company Plaintiff Rhett L. Hefelfinger Kelly L. Hefelfinger Defendant(s) : ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CML DIVISION Cumberland County NO. 04-572 PRAECIPE TO REMOVE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FROM THE JUNE 9,2004 ARGUMENT LIST Kindly remove the scheduled argument from the June 15, 2004 Argument List as the loan has been reinstated in full by said defendants. Respectfully submitted, UDREN LAW OFFICES, P.C. By:_ Mark: J. Udren, Esquire Attorney for Plaintiff/Movant UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD CHERRY HILL, NJ 08003 856-669-5400 Manufactures & Traders Trust Company Plaintiff Rhett L. Hefelf'mger Kelly L. Hefelfinger Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL D1VISION i Cumberland County .- ' NO. 04-572 . CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served a tree and correct copy of Plaintiff's Praecipe to remove Plaintiff's Motion for Summary Judgment Argument scheduled on June ~l, 2004 upon the following persons named herein at their last known address or their attorney ofrecord. XXXXXX Date: May0~2004 .Regular First Class Mail Certificate of Service Other (certificate of mailing) TO: Michael J. Wilson, Esquire 816 Derby Avenue Camp Hill, PA 17011-8367 Attorney for Defendant, Kelly L. Hefelfinger Rhett L. Hefelfmger 304 East Louther Street Car]tisle, PA 17013 De~endant UDREN LAW OFFICES, P.C. By: Mark J. Udren, Esquire Attorney for Plaintiff/Movant 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 08003-3620 856-482-6900 Manufactures & Traders Trust Company P.O. Box 1288 Buffalo, NY 14240 Plaintiff Rhett L. Hefelfinger Kelly L. Hefelfinger 304 East Louther Street Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS 'CIVIL DIVISION i Cumberland County : NO. 04-572 PRAECIPE TO MARK SETTLED, DISCONTINUED AND ENDED TO THE PROTHONOTARY: Please mark the above captioned matter and ENDED, upon payment of your costs only. SETTLED, DISCONTINLrED Mark J. Udren, Esquire UDREN LAW OFFICES, P.C. Attorney for Plaintiff Dated: June 3, 2004