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Home My WebLink About08-7161• ,. 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 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee for :CIVIL DIVISION Soundview Home Loan Trust 2006-EQ1 g:Cumberland County 4708 Mercantile Drive Fort Worth, TX 76137 Plaintiff V. Steve W. Clark (Kristi K. Clark NO. dd"' 71UI 1392 Lowther Road Camp Hill, PA 17011 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. i " M YOU SHOULD TARE 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 a .. 4. 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 PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 1 00 f 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 t11 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 w I1 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: Mortgage Electronic Registration Systems, Inc. Assignments of Record to: Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-EQ1 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 andl 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: 13921Lowther Road MUNICIPALITY/TOWNSHIP/BORbUGH: Lower Allen Township COUNTY: Cumberland DATE EXECUTED: 6/30/06 DATE RECORDED: 7/10/06 BOOK: 1957 PAGE: 4324 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage isl in default because the required payments have not been made as seat forth below, and by its terms, upon breach and failure to cube 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 I 1 1 f 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. 6. The following amounts are due on the said Mortgage as of 12/02/08: Principal of debt due $109,380.46 Unpaid Interest at 7.90%* from 6/01/08 to 12/02/08 (the per diem interest accruing on this debt is $23.67 and that sum should be added each day after 12/02/08) 4,344.21 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Late Charges (monthlyy late c4aarge of $40.70 should be addedlin accordance with the terms Of the note each month after 12/02/08) 284.90 Unapplied Funds (1,248.60) Attorneys Fees anticipated and actual to 50 of principal) 5,469.02 TOTAL $118,834.99 *This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 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 as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of I it • Default as required by the mortgage document, as applicable, have been sent to Defendant (s) on the date (s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $118,834.99 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDR Woorr tic P. C. BY: Att intiff M ARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ''LOUIS A. SIMONI, ESQUIRE L t ? • ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE TOWNSHIP OF LOWER ALLEN IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERN LINE OF LOWTHER, ROAD, ON THE DIVIDING LINE BETWEEN LOT NOS. 24 AND 35, BLOCK "L", ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE IN A NORTHERLY DIRECTION ALONG SAID DIVIDING LINE ONE HUNDRED TWENTY (120) FEET TO LOT NO. 9, BLOCK "L", ON SAID PLAN; THENCE IN AN EASTERLY DIRECTION ALONG THE SOUTHERLY LINE OF SAID LOT NO. 9, FIFTY-FIVE (55) FEET TO LOT NO. 36, BLOCK L, ON SAID PLAN; THENCE IN A SOUTHERLY DIRECTION ALONG THE WESTERN LINE OF SAID LOT NO. 36, ONE HUNDRED TWENTY (120) FET TO LOWTHER ROAD FIFry-FIVE TO THE POINT OR PLACE OF BEGINNING. BEING LOT NO. 35, BLOCK "L" ON THE PLAN OF GREATER HIGHLAND PARK, LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, RECORDED IN THE CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE, IN PLAN BOOK 4, PAGE 89. HAVING THEREON ERECTED A ONE STORY FRAME DWELLING HOUSE. Y J. ' -• V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she 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/she 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/her 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;. falsification to authorities, Section 4904 relating to, unsworn UDREN P.C. BY: PREN, Attorneyntiff MARK J. UIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE •cLOUIS A. SIMONI, ESQUIRE IN f- SHERIFF'S RETURN - REGULAR CASE NO: 2008-07161 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS CLARK STEVE W ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLARK STEVE W the DEFENDANT , at 0019:20 HOURS, on the 10th day of December , 2008 at 1392 LOWTHER ROAD CAMP HILL, PA 17011 by handing to DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/11/2008 UDREN LAW OFFICES By: Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-07161 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS CLARK STEVE W ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLARK KRISTI K the DEFENDANT at 0019:20 HOURS, on the 10th day of December-, 2008 at 1392 LOWTHER ROAD CAMP HILL, PA 17011 by handing to STEVE W CLARK ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 lZ?a??bP- 1 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 12/11/2008 UDREN LAW OFFICES By: day Deputy Sheriff 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 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust :COURT OF COMMON PLEAS Company, as Trustee for :CIVIL DIVISION Soundview Home Loan Trust :Cumberland County 2006-EQ1 Plaintiff :NO. 08-7161 Civil Term V. Steve W. Clark Kristi K. Clark Defendant PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. DATED:June 24, 2009 UDRE ES, P. C. BY: Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE "LOUIS A. SIMONI, ESQUIRE RLED ., OF THE 2 0 0 9 !U L 16 X41 I I: 3 8