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Home My WebLink About09-0222IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN H. MYERS & SON, INC. PLAINTIFF NO. ~~ ` Gb7a~ ~-~-t VS. CIVIL ACTION -LAW KRESTU TSENOFF DEFENDANT MORTGAGE FORECLOSURE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint is 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 aze warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Baz Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN H. MYERS & SON, INC. NO. PLAINTIFF VS. :CIVIL ACTION -LAW KRESTU TSENOFF DEFENDANT :MORTGAGE FORECLOSURE AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomaz action dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presenter compazecencia escrita en persona o por abogado y presenter en la Corte por escrito sus defenses o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notification por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensation reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARR USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Baz Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN H. MYERS & SON, INC. PLAINTIFF VS. KRESTU TSENOFF DEFENDANT NO. ~ 9- D 2 ~ ~ ~c.C,.ta `T.u,~... MORTGAGE FORECLOSURE COMPLAINT AND NOW, TO WIT, this f ~ day of January 2009, comes the Plaintiff, John H. Myers & Son, Inc., by and through its attorneys, Eveler &Eveler, LLC, and files this action in Mortgage Foreclosure, whereas the following is a statement: 1. The Plaintiff, John H. Myers & Son, Inc., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania and having its principal place of business at 2200 Monroe Street, P. O. Box 1924, York, York County, Pennsylvania 17405. 2. The Defendant, Krestu Tsenoff, is an adult individual residing at 6 Bayberry Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. On or about October 7, 2005, the Plaintiff and Defendant entered into anopen-end mortgage which is recorded in Book 1926, Page i 152, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. A copy the mortgage is attached as Exhibit "A." 4. The property subject to the mortgage is more fully described as follows, to wit: ALL that certain piece or pazcel of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, lying along Eaglesmoor Lane and being approximately 970 feet southwest of the intersection of Eaglesmoor Lane and Pellingham Circle, bounded and described as follows, to wit: BEGINNING at the intersection of the easterly right-of--way line of Eaglesmoor Lane (cul-de-sac) with the line of division between Lot 10 and Lot 11; extending (1) thence along Lot 10, South 63 ° 14' 06" East, 177.79 feet; extending (2) thence along the same, South 72° 08' 46" East, 271.42 feet; extending (3) thence along Lot 26 and~part of Lot 27 as shown on a plan entitled "Wellington of Hampden -Phase 2" as recorded among the land records of Cumberland County in Plan Book 57, Page 142, South 77° 07' 22" West, 502.82 feet; extending (4) thence along Lot 12, North 03° 26' 30" West, 195.78 feet to the southerly right-of--way line of Eaglesmoor Lane; extending (5) thence along said right-of--way line by a curve to the left,. having a radius of 80.00 feet, an azc distance of 83.49 feet, and a chord bearing and distance of North 56° 39' 42" East, 79.75 feet; extending (6) thence along same, North 26° 45' S4" East, 40.42 feet to the place of BEGINNING. CONTAINING 1.538 acres. BEING Lot No. 11 as shown on a plan entitled "Final Subdivision Plan for Phase 1, Wentworth Estates" dated 11/20/2002, last revised 4/11/2003, Job Number 1001-846, prepared by LSC Design, Inc., York, PA and recorded in Cumberland County Office of the Recorder of Deeds in Plan Book 87, Page 50. IT BEING the same premises which Smith Land & Improvement Corporation, a Delaware corporation, and Kinsley Equities II Limited Partnership, a Pennsylvania limited partnership, by deed dated October 6, 2005 and recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, on October 10, 2005, in Book 271, Page 1803, granted and conveyed unto Krestu Tsenoff. 5. The Defendant is the real owner of the land subject to the mortgage. 6. Pursuant to the terms of the mortgage, and underlying note, the sum of Eight Hundred Seventy-Five Thousand ($875,000:OOj Dollars was to be repaid on or before October 7, 2008, with interest at the two (2%) percent per annum over the prime interest rate, said prime interest-rate to be the highest prime rate charged to established local customers by Fulton Bank (formerly The Drovers and Mechanics Bank) during the thirty (30) day period immediately preceding the due date for payment, but not less than eight (8%) percent, the first payment of interest was due and payable November 1, 2005 and on the 1~ day of each month thereafter until paid in full. 7. This mortgage also secured all future advances and the payment of any and all liabilities of the Defendant to John H: -Myers & Son, Inc: then existing or thereafter incurred, directly, by assignment or otherwise, matured or unmat~ued, direct or contingent, primary, secondary, sole, Joint or several or jointly or severally with any other person or entity. 8. The mortgage is default because Defendant's failure to pay the principal, interest and extension fees on or before December 31, 2008. 9. Pursuant to the terms of the mortgage, as a result of Defendant's default, the entire principal balance is presently due. 10. Under the terms of the mortgage, the following amounts are presently owed: a. Principal Balance $875,000.00 b. Interest to 06/15/09 54,694.92 c. Late fees, Extension fees 26,250.00 d. Attorney's fees 3,500.00 e. Satisfaction fee 33.00 f. Miscellaneous costs : + 100.00 TOTAL $959,577.92 11. This mortgage is not subject to the notice provisions of Act 2008-57 (Act 6, as amended) because this is not a residential mortgage. 12. The mortgage is not subject to the Homeowner's Emergency Mortgage Assistance Act 2008-60 (Act 91, as amended) because the-property is not the residence of the Defendant. WHEREFORE, the Plaintiffrequests this Honorable Court to enter judgment in its favor and against the Defendant in the amount of Nine Hundred Fifty-Nine Thousand Five Hundred Seventy-Seven and 92/lOD ($959,577.92) Dollars, asset forth in Paragraph 1D, subsequently accrued interest and costs of suit. Respectfully submitted, ~~; ,f: ~~~. , ANDREA EVELER STANLEY, ESQUIRE EVELER & EVELER, LLC ATTORNEYS FOR PLAINTIFF 2997 CAPE HORN ROAD, SUITE A-6 RED LION, PA 17356 (717)246-8000 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF YORK Personally appeared before me, a Notary Public in and for said County and Commonwealth, ROBERT L. MYERS, III, President of JOHN H. MYERS & SON, INC., who duly sworn according to law deposes and says that the facts set forth in the foregoing Complaint are true and correct to the best of his information, knowledge and belief. JOHN H. MYERS & SON, INC. Robert L. Myers, III, President SWORN AND SUBSCRIBED to i-h before me this ~ day of , 2009. Cs~ OJ14 NOTARY PUBLIC Nowtr~t ~t ~~twu~ No1a~ -ubNc MANO~OR TOWNNNR 1I~K COYNItt Nh- CoNwnMNOn ErpNN ,loh ~. !Ol i J/t~lt ,b1i111tt1?N MAAN~I •i,lA4Y l i14 ~i1du~1 YfGb1') ~' ~QY ~Ntt~YOt 11C~lfW f fiQS .a rtc7L Mtn]x~ raWa~til~u!r~D~ ~~ 1. ~~1~ `~ ~~ r'; G~ ~ ~ i:' M,. ,` t~ := ..' ca f z'_: C7 ~ OPEN-BND MORTGAGE ~.-- ~_ ~ rn ' TINS MORTGAGE SECURES FOTURB ADVANCES ~ ''=~ ~-~' ~' cA N THIS INDENTURE, MADE THE 7th day of October, in the year of our Lord two thousand five (2005) . BETWEEN ICRESTU TSENOFF, of 432 Virginia Road, Mechanicsburg, Pennsylvania, MORTGAGOR, party of the first part, - AND - JOHN H. MYERS & SON, INC., a corporation, created and existing under the laws of the Commonwealth of Pennsylvania and having its principal place of business at 2200 Monroe Street, York, York County, Pennsylvania, MORTGAGEE, party of the second part: WgSREAB, the -said party of the first part, in and by his obligation or writing obligatory, under his hand and seal duly executed, bearing even date herewith, stands bound unto the said party of the second part, in the sum of EIGHT HO~RED SEVENTY-FIVE THOUSAND ($875,000.00) DOLLARS, lawful money of the United States of America, conditioned for the payment of EIGHT HONDRBD 88VENTY- FIVE THOUSAND ($875,000.00} DOLLARS, like lawful money as aforesaid, payable TDaELVE (12) MONTHS from the date hereof, together with interest at the rate of TWO (Z$j PSRCENT per annum over the prime interest rate, said prime interest rate to be the highest prime rate charged to established local customers by The Drovers and Mechanics Bank, during the thirty (30) day period immediately preceding the due date for payment, but not less than EIGHT (8~) PERCENT, the first payment of nte~'est shall be due and payable November 1, 2005 and on the 1$t day of each month thereafter until paid in full. AND IN ADDITION, the Mortgagor herein further agrees that in the event any installment shall become overdue for a period in excess of fifteen (15) days, a late charge of five cents far each dollar overdue may be charged by the Mortgagee for the purpose of defraying expenses incident to the handling of such delinquency, together with the premiums of insurance, taxes, municipal assessments and charges from time to time assessed against or upon BK1926PG1 l52 ESAIBIT "A" the hereinafter described mortgaged premises, without any fraud or further delay, as in and by the said recited obligation and the conditions thereof, relation to the same being had, more fully and at large appears, and in case of default in payment as aforesaid, shall also pay all costs, fees and expenses of collecting the same including an attorney's commission of five per centum. NO9Q THIS INDENTURE 94ITNESSBTH, that the said party of the first part, as well for and in consideration of the aforesaid debt or sum of EIGHT HUNDRED SEVSNTY-FIVE THOVBAND ($875,000.00) DOLLARS, and for the better securing the payment of the same, and interest, as aforesaid, unto the said party of the second park:, its successors or assigns, according to the conditions of said obligation, and in discharge thereof, as for and in consideration of the further sum of one dollar, unto him in hand well and truly paid by the said party of the second part, at and before the sealing and delivery hereof, the' receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the said party of the second part, its successors and assigns, ALL that certain tract of land situate in Hampden Township, Cumberland County, Pennsylvania, being Lot No. 11, more fully set forth on Exhibit "A" attached hereto and made a part hereof, TOGETHER with all and singular the buildings and improvements, streets, lanes, alleys, passages, ways, water, water-courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in any way appertaining, and the reversions and remainders thereof: To have and to hold the said above-described hereditaments and premises hereby granted and conveyed, with the appurtenances, unto the said party of the second part, its successors and assigns, to the only proper use and behoof of the said party of the second part, its successors and assigns, forever. THIS MORTGAGE/INDENTURE secures the payment of any and all liabilities of the Mortgagor to John H. Myers .& .Son, lnc. now existing or hereafter incurred, directly, by assignment or otherwise, matured or unmatured, direct or contingent, primary, secondary, sole, joint or several or jointly or severally with any other person or entity. AND it is further understood and agreed that the said party of the first part, his heirs and assigns, will pay all taxes, municipal assessments and charges from time to time assessed against or upon said mortgaged premises forthwith when the same '8K ! 926FG i ~ ~3 become due and payable, and will keep .the buildings erected upon the said premises insured in some good and reliable, fire insurance company or companies licensed to transact business in the Commonwealth of Pennsylvania, in the amount of at least EIGHT HONORED SEVENTY-FIVE THOUSAND {$875,000.00) DOLLARS, and shall take no insurance upon said buildings not marked for the benefit of the Mortgagee, and the policy or policies, with a proper mortgagee or loss payable clause attached, shall be delivered.to and held by the said party of the second part, its successors and assigns, as collateral security for the payment of moneys secured hereby, and in case said parties of the first part, their heirs or assigns, shall neglect to procure such insurance, or shall neglect to pay said taxes, municipal assessments and charges forthwith when the same become due and payable, the said party of the second part., its successors, or assigns, may take out such policy or policies in its own name, and may pay such taxes, municipal assessments and charges, and the premium or premiums paid therefore, and the sum or sums paid for such taxes, municipal assessments and charges as aforesaid, shall bear interest from the time of payment, and be added to and collected as part of the said principal sum and in the same manner. And it is further agreed and understood that in case default be made at any time in the payment of the principal debt or any installment of principal. debt or interest, or any part thereof, or of any taxes, municipal assessments, charges or premiums of insurance aforesaid, for thirty (30) days after the same falls due as aforesaid, the whole of the said debt and interest and additions thereto as aforesaid shall, at the option of the said party of the second part, its successors or assigns, become due and payable forthwith; and thereupon an action of mortgage foreclosure as now provided by Pennsylvania Procedural Rules 1141 to 1148, both inclusive, or other appropriate proceedings, now or hereafter prescribed by law, may forthwith be commenced and prosecuted to judgment, execution and sale, for the collection of the whole amount of the said debt and interest remaining unpaid, together with all premiums of insurance, and all taxes, municipal assessments and charges, and all fees, costs and expenses of such proceedings, including attorney's commission of five per cent, of the sum. -And all errors i~ said proceedings, together with all stay of or exemption from execution, or extension of time of payment which may be given by any Act or ActB of Assembly now in force, or which may be enacted hereafter, are hereby forever waived and released. PROVIDED ALWAYS, NEVERTHELESS, that if the said party of the first part, his heirs, executors, administrators or assigns, shall and do well and truly pay or cause to be paid unto the said party of the second part,. its successors or assigns, the aforesaid debt or sum of EIGHT HUNDRED SEVENTY-FIVE THOUSAND ($875,000.40) B~ ! 926PG I f 54 DOLLARS on the day and time hereinbefore mentioned and appointed for the payment thereof, as set forth in the condition of said obligation, and do satisfy and discharge the same, and the premiums of insurance aforesaid, without any fraud or further delay, and without any deduction, defalcation or abatement to be made for or in respect of any taxes, charges or assessments whatsoever, then and from thenceforth, as well this present Indenture, and the estate hereby granted, as the said recited obligation, shall become void and of no effect, anything herein before contained to the contrary thereof in anywise notwithstanding. THIS MORTGAGE is intended to be a purchase money mortgage under the provisions of the Lien Priority Law of the State of Pennsylvania being the Act of June 28, 195J. (P.L. 927) amended. THIS MORTGAGE SECURES FUTURE ADVANCES. IT IS UNDERSTOOD that the party of the second part has not advanced to the party of the first part the total amount secured by this mortgage and therefore it is understood and agreed that the party of the second part is obligated to make further advances to the said party of the first part up to the total amount secured by this mortgage, and it is intended that such further advances, with interest, shall be secured by this mortgage equally and to the same extent as the amount originally advanced by the party of the second part to the party of the first part on the security of this mortgage and all such future advances shall be liens upon the property hereinabove described as of the date of this mortgage. IN NSTNSSS Wl3SRSOF, the party of the first part has to these presents set his hand and seal the day and year above written. Signed, a ed sad Deliv®red Presence of (sEAL) S . I do hereby certify that the preciBe residence d complete post office address of the within named Mortgag 2200 Monroe Street, P. O. Box 1924, York, PA 17405. Mortgagee B!(l926PGi l55 COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF YORK . On this, the 7th day of October, 2005, before me, a Notary Public in and for said County and State, the undersigned officer, personally appeared lCRSSTU T88NOFF, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. In witness whereof, I have hereunto set my hand and official se2i~ .:. . -rr.'.. ' ~ ~~ SEAL) . : ' .~ R" ~•• NOTARY PUBLIC „• .~ . - ~,~ ' : • .'' ~ CUMMONINEALTH QF PEWNSYLV Y ~ ~' r ANlA ,. ~,• ~ °' .. Treva M. ~rtM See! ~ ~ e-onY~ ~n4rPubAc . 6~kes IW~: 4.2008 Member. pennaylyenie Ateoclation Of Natarles 8Kt92fiPGi 4~6 ALL that certain piece or parcel of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, lying along Eaglesmoor Lane and being approximately 970 feet southwest of the intersection of Eaglesmoor Lane and Pellingham Circle, bounded and described as follows, to wit: BEGINNING at the intersection of the easterly right-of-way line of Eaglesmoor Lane (cul-de-sac) with the line of division between Lot l0 and Lot 11; extending (1) thence along Lot 10, South 63° 14' 06" East, 177.79 feet; extending (2) thence along the same, South 72° 08' 46" Bast, 271.42 feet; extending (3) thence along Lot 26 and part of Lot 27 as shown on a plan entitled "Wellington of Hampden - Phase 2" as recorded among the land records of Cumberland County in Plan Book 57, Page 142, South 77° 07' 22" West, 502.82 feet; extending (4) thence along Lot 12, North 03° 26' 30" West, 195.78 feet to the southerly right-of-way lane of Eaglesmoor Lane; extending {5) thence along said right-of-way line by a curve to the left, having a radius of 80.00 feet, an arc distance of $3.49 feet, and a chord bearing and distance of North 56° 39' 42" East, 79.75 feet; extending (6) thence along same, North 26° 45' S4" East, 40.42 feet to the place of BEGINNING. CONTAINING 1.53.8 acres. SUBJECT to a thirty (30) feet wide utility and access easement, the centerline of said easement beginning at the intersection of the southerly right-of-way line of Eaglesmoor Lane and the common line between Lot 11 and 12, extending (1) thence along the common line between Lot 11 and 12, South 03° 26' 30" East for a distance of 195.78 feet to a point on the southerly property line for the entire tract at lands now or formerly of Paul C. and Alison D. Coppock, the side lines of said easement to be prolonged or shortened to meet the aforementioned property line and right-of- way line. Said easement being 30 feet in width and lying 15 feet on each side of the above described centerline. SUBJECT to a ten (10) feet wide emergency access easement, the centerline of which lies contiguous and parallel to the first (1) and second (2) course and extending between and extending up or contracting to course (6) of the previous description and the westerly line of a twenty (20} feet wide right-of-way for future street. SUBJECT to a twenty (20) feet wide right-of-way for a future street, the westerly line of said right-of-way beginning on the second (2) course and being 24.03 feet from the end of said course, extending thence South 04° 37' 13" East, 12.41 feet and extending up or contracting to course (2) and course (3) of the previous description. BEING Lot No. 11 as shown on a plan entitled "Final Subdivision 8~~~ 9~6PG ! 157 ~c.,3~ ~ > "" t r, ~ ? r ~ ~'A+ -T- ~f -r n~ v; ~ 4 '.~s. ~` J ~~- l.f? `~" ~"i `4A ~~ ~w3 r~.:: ~~~ ==c