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HomeMy WebLinkAbout09-0223IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN H. MYERS & SON, INC. PLAINTIFF VS. KRESTU TSENOFF DEFENDANT NO. ~ ,. Do~~.3 ~~~ CIVIL ACTION -LAW 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar 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 KRESTU TSENOFF VS. :CIVIL ACTION -LAW DEFENDANT :MORTGAGE FORECLOSURE AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar action dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas 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 PARR AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar 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. ~q_ Daa3 ~ T~ MORTGAGE FORECLOSURE COMPLAINT AND NOW, TO WIT, this I ~ 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, Peruisylvania 17405. 2. The Defendant, Krestu Tsenoff, is an adult individual residing at 6 Bayberry Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. On or about August 30, 2006, the Plaintiff and Defendant entered into anopen-end mortgage which is recorded in Book 1964, Page 1471, 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 tract of land situate in Middlesex Township, Cumberland County, PA, being Lot No. 113, as shown on a plan entitled "Meadowbrook Farms, Final Subdivision Plan Phase IV" dated September 24, 2004, by PennTerra Engineering, Inc., State College, PA, being bounded and described as follows: BEGINNING at an iron pin, being a northerly corner of Lot No. 112 and lying in an easterly R/W line of Farmhouse Lane; thence along said R/W, along a curve to the left, having a chord bearing of N O1 ° 10' S 1" W, a chord distance of 108.44 feet, a radius of 225.00 feet and an arc length of 109.52 feet to an iron pin, lying in an easterly line of said R/W and being a southerly corner of Lot No. 114; thence along said lot N 74° 52' 31" E, 147.85 feet to an iron pin, being an easterly corner of said lot and a westerly corner of Future Phase 8; thence along said lands S 02° 07' S0" W, 177.44 feet to an iron pin, lying in a westerly line of said lands and being a northeasterly corner of Lot No. 112; thence along said lot N 77° 14' 13" W, 137.29 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.442 acre. Lot No. 113 is subject to a 10' utility/sidewalk easement along its street frontage and a portion of a 20' wide sanitary sewer easement along its southerly boundary. IT BEING the same premises which Pamay Development Co., Inc., a Pennsylvania corporation, by deed dated the 28th day of August 2006 and recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Book 276, Page 2008, granted and conveyed unto Krestu Tsenoff, MORTGAGOR herein. ~~ ~~ 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 Four Hundred Thirty-Five Thousand l'dine Hundred Twenty ($435,920.OOj Dollars was to be repaid on or before August 30, 2007, with interest at the one (1%) percent per annum over the prune interest rate, said prune 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 innnediately preceding the due date for payment, the first payment of interest was due and payable-October 1, 2006 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 do John H. Myers & Son, inc. then existing or thereafter incurred, directly, by assignment or otherwise, matured or unmat~n~ed, 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 :$435,920.00 b. Interest to 06/15/2009 13, 73b.24 c. Extension fees 21,796.00 d. Attorney's fees 3,500.00 e. Satisfaction fee 33.00 f. Miscellaneous-costs : + 1 ~•~ TOTAL $475,085.24 11. This mortgage is not subject to the notice provisions of Act 2008-57 (Act b, 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 Four Hundred Seventy-Five Thousand Eighty-Five and 24/100 ($475,1)85.24) Dollars, as set forth in Paragraph 10, subsequently accrued interest and costs of suit. Respectfully submitted, --, ~ -? f ~~~ _.... ,f ~ ANDREA E . ER STANL SQUIRE "~ EVELER & EVELER, LLC ATTORNEYS FOR PLAINTIFF l 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. BY: Robert L. Myers, I, Pr s>t ent SWORN AND SUBSCRIBED to -~ h before me this ~ day of ~ , 2009. ~~ 1 NOTARY PUBLIC NOTARIAL aEAI NIERI L WALESi KNAW NOlory -4b1iC WNID~OR 1~OINNfIMR 1fOAK CO~tMlll MIS ConMnNdon ~ Jan 9. =011 WAM1h 2.l'~ ~ 14i3~M2 a~1quV ,~rcrrc~N YTNldt77 )NIUV 1Ni~NW41 IMD~QYNiY t tOr .~- ~t ~sxcµ~ rs,~bat+~nmo~ yM ~(~~~ ~- ~. ~ ~~~ r., ~~ ~~ opaN-ENn NOR'PC#A+sE ~ THIS MORTOAOLr S 8 FOTORE ADVANCES M c~ ~ ~ - ~~ © "a THIS INDRAITURE. ~ -~, ~ ~` D[ADE THE 30th day of August, in the year of our Lord two thousai~id A{ six (2006). gE RRESTU TSED?OFF, of 6 Bayberry Road, Carlisle, Pennsylvania, NORT~OR, party of the first part, - AND - JOHN H, yQyERg & gON, 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, NORTaAGEE, party of the second part: NHIEREAB, 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 FOUR HUNDRED THIRTY-FIVE ~~~ NIpE HUNDRED TNENTY ($435,920.00) DOLLARS, lawful money of the United States of America, conditioned for the payment of FpUR HUNDRED THIRTY-FIVE THOUSAND NINE HULQDRED '1'~N'~ ($435,920.00) DOLLARS. like lawful money as aforesaid, payable ~qgL~ (~,2) NONTHS from the date hereof, together with interest at the rate of ONE (1'k) PERCENT per annum over the prime interest rate, said prime interest rate to be the highest prime rate charged to established local customers by The Drovers and Mechanics Bank, during the thirty (30) day period immediately preceding the due date for payment, the first payment of interest shall be due and payable October l; 2006 and on the 18C day of each month thereafter until paid in full. AND IN ADDITION, the Mortgagor herein further agrees that in the event any installment shall become overdue for a period in excess of fifteen (15) days, a late charge of five cents for each dollar overdue may be charged by the Mortgagee for the purpose of defraying expenses incident to the handling of such delinquency, together with the premiums of insurance, taxes, municipal assessments and charges from time to time assessed against or upon BK1964PG1~71: ffiIBIT "A" the hereinafter described mor the esaid~rec ted obl gationfanddthe further delay, as in and by conditions thereof, relation to the same being had, more fully and at large appears, and in case of default in payment as aforesaid, shall also pay all costs, fees and expenses of collecting the same including an attorney's commission of five per centum. NOW ~_$ =~~pgg ~ITNESSETH, that the said party of the first part, as well for and in consideration of the aforesaid debt or sum of FOUR ~~ ~=f ~ the beet;tOe S~se m~ tH~D~ enT ($435,920.00) DO the same, and interest, as aforesaid, unto the said party of the second part, 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 the receipt whereof is and before the sealing and delivery hereto gained, sold, aliened, hereby acknowledged, has granted, 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 Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 113, more fully set forth on Exhibit "A" attached hereto and made a part hereof, TOpR with all and singular assages,b waysngswatera improvements, streets, lanes, alleys, p 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, Ito the only party of the second part, its successors and assigns, proper use and behoof of the said party of the second part, its successors aid a~si.gns, forever. ~Ig MORTpAit3E/~g,NTURE secures the payment of any and all Inc. now liabilities of the Mortgagor to John H. Myersb & assignment or existing or hereafter incurred, directly, Y otherwise, matured or unmatured, direct or contingent, primary, secondary, sole, joint or several or jointly or severally with any other person or entity. ADD 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 BK 196~aPG I X72' become due and payable, and will keep the buildings erected fpre the said premises insured in some good and reliable, insurance company or companies licensed to transact business in the Conm-onwealth of Pennsylvania, in the amount of at least FOUR D THIRTY-lo'IVE THOVBl~ND NIEE AUNDRED TDPElaTY ($435.9ZO.Q0) ~~tg, and shall take no insurance upon said buildings or marked for the benefit of the Mortgagee, and the policy 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, and in cassr said partiesf of the payment of moneys secured hereby, first part, their heirs or assigns, shall sa deCtaxespromunicipal insurance, or shall neglect to paY 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 nt,geand s be oaddedd~to hand bear interest from the time of paym 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 deb there £ or installment of principal debt or interest, or any pa of any taxes, municipal assessments, charges or premiums of insurance aforesaid, for thirty t30) 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 ° become sdue party of the second part, its successors or assigns, and payable forthwith; and thereupon an action of mortgage foreclosure as now provided by Pennsy~oaTiaterproceedingslenowlor to 1148, both inclusive, or other aP for hwith be commenced and hereafter prescribed by law, TAY for the collection of prosecuted to judgment, execution and sale, the whole antqunt 'of th~* 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 together with/all the sum. And all errors in said proceedings, stay of or exemption from execution, or extension of t no on payment which ~Y be gbe enact d hereafter is are hereby Y forever force, or which may waived and released. PROVIDED ALWAYS, N~gTHRLSSS, that if the said party first part, his heirs, executors, administrators or and do well and truly pay or cause to be paid unto of the second part, its successors or assigns, the assigns, the sai aforesai of the shall d party d debt BK196~PG~~73 or sum of FOUR HUNDRED +~=RTy-.FIVE THOUSAND ,NINE ~~ TVJSNT7t ($435,920.00) DOLLARS on the day and time hereinbefore mentioned and appointed for the payment thereof, as set forth in the condition of said ob si o f ~nsurancedaforesa d, w t houtc any fraud same, and the premium deduction, defalcation or or further delay, and without any abatement to be made for or in respect of any taxes, charges or assessments whatsoe and then estater herebyn granted, aas wthe said present Indenture, recited obligation, shall become void and of thereof c in aanywise herein before contained to the contrary 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, 1951 (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 alltbe liensluponfthe~propertygheredinaboveudescribed advances sh as of the date of this mortgage. IN piT11-~gg WHEREOF, the party of the f first part bove has to these written. presents set his hand and seal the day and year a Signed, .° ~d a~ Del~vere9 t e rasence of (sEALf I do hereby certif post office address of Street, P. O. Box 1924, y that the precise residence and complete the within named Mortga ~ s 2200 Monroe York, PA 17405. A orn r Mortgagee 6K 1964gG 1474 COMMONWEALTH OF PENNSYLVANIA: . SS: COUNTY OF YORK ' On this, the 30t~i day of August, 2006, before me, a Notary Public in and for said 8~ TS~~g~Sk~o~ toe~e aeo~s5ategfactorily personally appeared ICRE proven) to be the person whose name is subscribed to the within instrument, and acknoweeddged that he executed the same for the purpose therein contain Tn witness whereof, I have hereunto set my hand and official IiTOTl~,RY pOBLT y ~ rg~,rx of p~~s ,~ . ;~ ~ ~ Noah se.t ~ M. Mews. t+w~r w~ cur of ~. ~ Mr Oxon 8xpl~a Mrs . ~o0e Membu, P~nmyl+renl~ ~WaaNMon a NotNNe F.~ ~ Or~t~ . ~ ~~mb l1~rs to ,~,,e ~~ C' ' ~'co ., z~,,,.~ .° qty A~ ~~C ~~~~ °rd eror ~~'e ~s BK 1964PG 1475 ALL that certain tract of land situate in Middlesex Township, Cumberland County, PA, being Lot No. 113, as shown on a plan entitled "Meadowbrook Farms, Final Subdivision Plan Phase IV" dated September 24, 2004, by PennTerra Engineering, Inc., State College, PA, being bounded and described as follows: BEGINNING at an iron pin, being a northerly corner of Lot No. 112 and lying in an easterly R/W line of Farmhouse Lane; thence along said R/W, along a curve to the left, having a chord bearing of N 014 10' S1" W, a chord distance of 108.44 feet, a radius of 225.00 feet and an arc length of 109.52 feet to an iron pin, lying in an easterly line of said R/W and being a southerly corner of Lot No: 114; thence along said lot N 744 52' 31" E, 147.85 feet to an iron pin, being an easterly corner of said lot and a westerly corner of Future Phase 8; thence along said lands S 024 07' 50" W, 177.44 feet to an iron pin, lying in a westerly line of said lands and being a northeasterly corner of Lot No. 112; thence along said lot N 774 14' 13" W, 137.29 feet to an iron pin,~being the place of BEGINNING. CONTAINING 0.442 acre. Lot No. 113 is subject to~a 10' utility/sidewalk easement along its street frontage and a portion of a 20' wide sanitary sewer easement along its southerly boundary. UNDER AND SUBJECT, NEVERTHELESS, to: 1) Planned Community Declaration for Meadowbrook Farms dated February 2, 1998, and recorded February 3, 1998,~in Cumberland County Miscellaneous Book 567, Page 1090. 2} First Amendment to Planned Community Declaration for Meadowbrook Farms - Phase II dated August 6, 1999 and recorded August 17, 1999 in Cumberland County Miscellaneous Book 622, Page 475, and 3) First Amendment to Planned Community Declaration of Meadowbrook Farms dated April 19, 2000, and recorded April 24, 2000, in Cumberland County Miscellaneous Book 642, Page 967. 4) Third Amendment to Planned Community Declaration for Meadowbrook Farms -Phase III, dated August 21, 2003 and recorded September 5, 2003 in Cumberland County Misc. Book 701, Page 1585. 5) Assignment of Special Declarant Rights and Agreement - Phase III, dated August 21, 2003 and recorded September 5, 2003 in Cumberland County Misc. Book 701, Page 1587. 6) Fourth Amendment to the Planned Declaration for Meadowbrook Farms -- Phase IV, dated August 4, 2005 and recorded August 8, 2005 in Misc. Book 719, Page 3863. BK1964PG1476~ Q ~ ~ ~R (v ~ ~~..L 8 v', = ~ rt _,, w.~ .~ ~ r .. ~: f_ -, --r_"' . _. k ` ._rr "t. ` :r ..., .<