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Home My WebLink About01-0130MARK J. UDREN & ASSOCIATES BY= Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERHY HILL, NJ 08034 856-482-6900 The Chase Manhattan Bank, s/b/m/t Chase Bank of Texas, N.A. f/k/a Texas Commerce Bank, NA as Custodian 4708 Mercantile Drive. North Forth Worth, Texas 76137-3605 Plaintiff ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS [CIVIL DIVISION :Cumberland County Loretta J. Myer 10 Kings Arms a/k/a Al0 Kings i NO. (~)1- Arms ' Mechanicsburg, PA 17055 : 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONH, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYERS REFERRAL SERVICE Cb%mberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 A~ISO 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. LLEV~ ESTA DEMANDA A UNABO~ADO IMNRnIATAKENTE, SI NO TIENE ABO~ADO O SI NO TIENE EL DINERO SUFICIENTE DE PA~AR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PAPA AVERI~UAR DONDE SE PUEDE CONSE~UIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 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 f'lrm 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. LAW OFFICES OF MARK J. UDREN /s/Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (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: Fairbank Mortgage Corporation Assignments of Record to: The Chase Manhattan Bank, s/b/m/t Chase Bank of Texas, N.A. f/k/a Texas Commerce Bank, NA as Custodian 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 indebtedness. Said Mortgage is incorporated herein by reference in accordance with PA.R.C.P. 1019 The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 10 Kings Arms a/k/a Al0 Kings Arms MUNICIPALITY/TOWNSHIP/BOROUGH: Hampden Township COUNTY: Cumberland DATE EXECUTED: 3/26/99 DATE RECORDED: 4/12/99 BOOK: 1533 PAGE: 473 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 refuses to comply with the terms of the Note as follows: (a) (b) 1/04/01: fail or by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; by failing or refusing to pay other charges, if any, indicated below. The following amounts are due on the said Mortgage as of Principal of debt due and unpaid Interest at 11.49% from 12/01/00 to 01/04/01 (the per diem interest accruing on this debt is $8.67 and that sum should be added each day after 01/04/01) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $0.00 and that sum should be added on the first of each month after 01/04/01) Late Charges (monthly late charge of $13.73 should be added on the fifteenth of each month after 01/04/01) Miscellaneous Attorneys Fees (anticipated and actual to 5% of principal) TOTAL $27,553.06 3,478.09 250.00 280.00 0.00 151.03 180.00 1+3~7.65 $33,269.83 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 judg/nent, in rem, against the Defendant(s) herein in the sum of $33,269.83 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mar~ J. Jdren, ESQUIRE MARK~iJ. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CBF, TAIN property in the Township ofHamlxten, Courtly of C'umbeTInnd, Commonwealth of Pm)Ivan[n, Tax Parcel # I 0-1 $-! 32~032-UA- 10, b~ing more fully described h~ Deed dated 1/2~/94 and receded 1/2M~4 Jn the land r~ords of tho County and State set for~ above in Deed Book 'I'36, Ps~e DATE: March 15, 2000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is_an official notice that the mortgage on,our home is in default_and the lender intends to foreclose. Specific information about the nature of the default is provi~ attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to halp to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COJfNSEI,ING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of ConsumerC_~dit CounselingAgencie~er~ing your County are listed at the end of this Notice. If yo~uestions~y~Lmay~alLthe Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you f'md a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 1 of 6 EXHIBITA HOMEOWNER'S NAME(S): J.,O~ETTA J. MYF, R PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURREg~ LENDER: 10 KINGS ARMS MECIIANICSBURG, PA 170.~.q 011100688 FAIRBANK MORTGAGE CORPORATION SAXON MORTGAGE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE E1JGIBI,E FOR FINANCIAl, ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECI~OSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S ~EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (I'HE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTI~R ELIGIBILITY REQUIREMENTS ESTABLISHED BY TI]F, PENNSYLVANIA HOUSING FINANCE AGENCY. IEMP_ORARY STAY OF FORECI ~OSURE -- Under the Act, you are entitled to a temporary stay of foreclosure ,on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "facc-to-faco" meeting with one of the consumer credit counseling agencies listed at thc end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMEP~GENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CAI,LED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSEl,lNG AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at thc end of this notice, the lender may NOT take action against you for thirty (30) days afier the date of this meeting. The names, addresses and telephone numbers of designated conm~mer credit counseling agencies for the co~mty in which the property is located are set forth at the end of this Notice. It is only nccossary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPI,ICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at thc end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face- to-faco meeting. YOU MUS~ FILE YOUR APPLICATION PROMPTLY. IF YOU FAll. TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. Page 2 of 6 AGE]KC3LAC_TION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANK3RUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOURMDRTGAGE DEFAUI,T (Bring itup to date.L NATURE OF THE DEFAUI,T - The MORTGAGE debt held by the above lender on your property located ~at: 10 Kings Arran Mechsnicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: ~Monthly Payments of $274.60 for January, 2000 through March, 2000 -- $823.80 ~Mollthly Late Charges of $13.73 for January, 2000 through March, 2000 = $41.19 Other charges (explain/itemize): Other Fee = $50.00 Proper~ Inspection = $15.00 TOTAL AMOUNT PAST DUE: $929.99 B. YOU HAVI~, FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE ~ DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $~%29.99: PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. ~ayment~ mtt~t be made either by cash, e~.~hier's check, certified check or money order made payable and3ent to: Mark J. Udren & Associatgs 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 You can cure any other default by talcing the following action within TH~TY (30) DAYS of the date of this letter: (Do not use if nolagglicabl~ N/A IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intendn to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to forecloz~upon your mortgaged property, Page 3 of 6 I~TltEMDRTGAGEISIDRECL.OSEDJ, IPON - The mortgaged property will be sold by the Sheriff to pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If4olLeurr~thedefault within the THIRTY (30) DAY period, yo~Lx~gcnolbexequlred to pay attorney's fees. OTHER I,ENDER REMI*,D1F, S -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffn'med it, then lender cannot pursue this remedy. RIGWr TO CURE 'tHY; DEFAULT PRIOR TO SHv;RI~'IOS SAI,E - If you have not cured the default within the THIRTY {30) DAY period and foreclosure proceedings have begun, you still have the right to cum Jhe default andprevent the ~le at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then pa,~e~glus any late or other charges then due, reasonable attorney's f~cLcxxsts connected~vith the fomclosure~saie,~ld2xry other costs connected with the Sheriff's Sale as specified in writing by the~lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARI.IEST POSSIBI,E SHI~;RIFF'S SAI,E DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the alfnount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE. I,ENDER: I~ame of l~ender/Servicer: Address: Phone Number: Fax Number: Contact Person: Meritech Mortgage Services, Inc. OneJlldge. nmr Center 6500 West Freeway, Suite 400 Fort Worth, TX 76116 800/874-9516 N/A Customer Service Dept. EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it, If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You__ may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Page 4 of 6 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. LAW OFFICES OF MARK J. UDREN /s/Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 Page 5 of 6 YOU MAY AI,S~ HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTrI'UTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY TI-IIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTYI~LrFED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSEl ,lNG AGENCIES SERVING YOUR COUNTY (~ill in aJi~of all Counseling Agencie~l'tstedht~tte~natix C..~)R THE COUNTY'in which the properO~ iv located~using~dditional pages if necessary) CUMBF, RI ,AND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Corem of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of 6 l- ~F~R~I_F /~C A T I D N Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Mark J. MARK J~ Udren, ESQUIRE UDREN & ASSOCIATES SHERIFF'S RETURN - CASE NO: 2001-00130 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN BANK THE VS MYER LORETTA J REGULAR ROBERT L. FINK Cumberland County,Pennsylvania, says, the within COMPLJkINT - MORT FORE MYER LORETTA J DEFENDANT at 0019:30 HOURS, on the Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 18th day of January , 2001 at 10 KINGS ARMS MECHANICSBURG, PA 17055 LORETTA MYER a true and attested copy of COMPLAINT - MORT FORE NOTICE A/K/A A 10 KINGS ARMS by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.44 Affidavit .00 Surcharge 10.00 .00 35.44 Sworn and Subscribed to before me this ~g~ day of / A.D. ~P~othonotary ' ' So Answers: R. Thomas Kline 01/19/2001 MARK J. UDREN MA~K J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 The Chase Manhattan Bank, s/b/m/t Chase Bank of Texas, N.A. f/k/a Texas Commerce Bank, NA as Custodian 4708 Mercantile Drive. North Forth Worth, Texas 76137-3605 Plaintiff Loretta J. Myer 10 Kings Arms Mechanicsburg, PA 17055 Defendant(s) ATTORIFEY FOR PLAINTIFF COURT OF COMMON PLEAS i CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-130 Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO A~L~WER AND ASSESS~RNT OF ~ TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest per Complaint From 1/5/01 to 3/5/01 Late charges per Complaint From 1/15/01 to 3/5/01 Escrow payment per Complaint From N/A to N/A $33,269.83 520.20 27.46 0.0O TOTAL $33.817.4~ I hereby Defendant are as accordance with Rule 237.1, certify that (1) the addresses of the Plaintiff and shown above, and (2) that notice has been given in a copy o~which is attached hereto. Mark J. ~dren, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS IND~ATED DATE: 0' PRO PROTHY MARK J. UDHEN & ASSOCIATES BY= Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 The Chase Manhattan Bank, s/b/m/t Chase Bank of Texas, N.A. f/k/a Texas Commerce Bank, NA as Custodian 4708 Mercantile Drive. North Forth Worth, Texas 76137-3605 Plaintiff v. Loretta J. Myer 10 Kings Arms Mechanicsburg, PA 17055 Defendant(s) DATED: February 12, 2001 TO: Loretta J. Myer 10 Kings Arms Mechanlcsburg, PA 17055 IMPORTANT NOTICE ATTOHNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 01-130 Civil Term YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENTMAY BE ENTERED AGAINST YOU WITHOUT A HEARINGAND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 NOTIFICACION IM~ORTANTH USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBAALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UNABOGADO IMMEDIATAMENTE SI USTED NO TIENEABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 NOTICE~ PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. MARK J. UDHEN & ASSOCIATES BY: Mark J. Udren, Es~/uire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE CHERRY HILL, NJ 08034 856-482-6900 The Chase Manhattan Bank, s/b/m/t Chase Bank of Texas, N.A. f/k/a Texas Commerce Bank, NA as Custodian 4708 Mercantile Drive. North Forth Worth, Texas 76137-3605 Plaintiff Vo Loretta J. Myer 10 Kings Arms Mechanicsburg, PA 17055 De f endant ( s ) ATTORNEY FOR PLAINTIFF 5OO COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-130 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE STATE OF : COUNTY OF : SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last kno~rn residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment: Loretta J. Myer Over 18 As captioned above Unknown Defendant: Age: Over 18 Residence: As captioned above Employment: Unknown Na e: Sworn to and s~scribed company: before me this~ day of ~~, 200~. Nota~ Public ~ ~ ~ 1~11~ MARK J. UDREN & ASSOCIATES BY= Mark J. Udren, Esquire ATT¥ I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 0803% 856-482-6900 The Chase Manhattan Bank, s/b/m/t Chase Bank of Texas, N.A. f/k/a Texas Commerce Bank, NA as Custodian 4708 Mercantile Drive. North Forth Worth, Texas 76137-3605 Plaintiff Loretta J. Myer 10 Kings Arms Mechanicsburg, PA 17055 Defendant(s) : ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-130 Civil Term TO: LORETTA J. MYER 10 Kings Arms Mechanicsburg, PA 17055 NOTICE Pursuant to Rule 236 of the Supreme Court of Pern/sylvania, notified that a Judgment has been entered against you proceeding as indicated below. Prothonotary ~ Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J~~ At this telephone number: 856-482-6~J10_~ you are hereby in the above C) MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 The Chase Manhattan Bank, s/b/m/t Chase Bank of Texas, N.A. f/k/a Texas Commerce Bank, NA as Custodian 4708 Mercantile Drive. North Forth Worth, Texas 76137-3605 Plaintiff ATTORREY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Loretta J. Myer 10 Kings Arms Mechanicsburg, PA 17055 i NO. 01-130 Civil Term Defendant (s) : PRA~CIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Al0 KINGS ARMS MECHANICSBURG, PA 17055 Amount due Interest From~a2ctl~ to Date of Sale J1Lne~OD3~ Per diem @$8.67 (Costs tO be added} $ $ 33~817~49 MARK J. UDREN & ASSOC~2(TES ALL that certain unit in the property known, named and [den'Jfled in the Declaration Plan referra(~ to below es King's Arms Condomlniu, m, sitqa, te.[o ~h~ :~Jll~gd of. Westover, .Hampden Township, Cumbprland County, Pat~nsyJ~/e:n[~'~ ~h~ch ha~ .b~eh'~b~ed t~ the provisions DJ the Unit Proper'~y Act ct Pennsylvania, Act of Jbly 8, 1963, P.t_ 196 (68 P.S. '~700101, st seq.), by recoi~dJng In.t~e Office of the Recorder of Deeds n and for Cumberland co~hty, Pennsylvania, of a Declamtidn dated May 21, 1975 and recorded in Miscellaneous Book 214, Page 836, and a Declaration Plan dated May 2'i, 1975, and recordeO in Plan Book.2S, Page 70, and a Cods ct · Regulations, E. xhJbit ~B' of said Declaration described as foJidwe: ~EING and designated on the Declaration Plan as Unit Al0, with detached 9stags, said'garage designated on the Declaration P. lan .as U~it A10G, together with an ur~divded interest .appurtenant to the unit In all Common Elements (as defined In the Declaration) of 5.2S%. The unit is municipally numbered as Al0 King's:.~'m.s, ViJlags ct' Was~over, Mec~anlcs~3urg, Pennsylvania. BEING the same premises which Frederick D. Fischer and Marianne M. Fischer, hust~and end wife, by their Deed 0ated May 6, 1983 end recorded in the O/fica aforesaid, in Deed Book "E~, Volume ~0, Page 294, granted and conveyed unto Richard R, Townsend and Lucilla O. Townsend, husband ~nd wife. The said Richard Fi. Townsend having dled October 31, 1988, thereby vesting tee simple tilts, ~y .operation o~ law, in his surviving widow, LuCite O. Townsend, Grantor herein. - UNDER AND SUBJECT. to ce~ajn restrictions, rights-of-way, ease~nants and egre~ments'o~' reco~cL BEING KNOWN AS PROPERTY ID# Al0 KINGS ARMS, MECHANICSBURG, PA 17055 10-18-1323-032 TITLE TO SAID PREMISES IS VESTED IN LORETTA J. MYER, MARRIED PERSON BY DEED FROM LUCILLE Q. TOWNSEND, WIDOW DATED 1/25/1994 AND RECORDED 1/28/1994 IN DEED BOOK T-36 PAGE 1045 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 The Chase Manhattan Bank, s/b/m/t Chase Bank of Texas, N.A. f/k/a Texas Commerce Bank, NA as Custodian 4708 Mercantile Drive. North Forth Worth, Texas 76137-3605 Plaintiff ATTOPATEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Loretta J. Myer 10 Kings Arms Mechanicsburg, PA 17055 NO. 01-130 Civil Term Defendant (s) : CERTIFICATE Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ) ) ) (x) ( ) An FHA insured mortgage Non-owner occupied Vacant Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of Sec. 4904 relating to unsworn falsification to authorities. Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF 18 Pa. MARK J. UDREN & ASSOCIATES ~= Mark J. Udren, Esg~ire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 The Chase Manhattan Bank, s/b/m/t Chase Bank of Texas, N.A. f/k/a Texas Commerce Bank, NA as Custodian 4708 Mercantile Drive. North Forth Worth, Texas 76137-3605 Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS i CIVIL DIVISION · Cumberland County !MORTGAGE FORECLOSURE Loretta J. Myer 10 Kings Arms Mechanicsburg, PA 17055 !NO. 01-130 Civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 The Chase Manhattan Bank, s/b/m/t Chase Bank of Texas, N.A. f/k/a Texas Commerce Bank, NA as Custodian , Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 10 Kings Arms, Mechanicsburg, PA 17055 1· Name and address of Owner(s) or reputed Owner(s): Name Address LORETTA J. MYER 10 KINGS ARMS, MEC~L~NICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS ~1 ABOVE 3. Name and address of every judgment creditor whose judgment is a recor¢ lien on the real property to be sold: Name Address NONE 4. Name and address of the last recorded holder of every mortgage c record: Name Address Plaintiff herein. See Caption above. DOVENMUEHLE MORTGAGE CO. 1501 WOODFIELD ROAD, SCHAUMBURG, IL 6017 4982 5. Name and address of every other person who has any record lien on t property: Name Address NONE. ~. Name and address of every other person who has any record interest the property and whose interest may be affected by the sale: Name REAL ESTATE TAX DEPT. Domestic Relations Section Commonwealth of PA, Department of Revenue in Address 1 COURTHOUSE SQUARE, 13 N. HANOVER STREET, Bureau of Compliance, Dept. Harrisburg, PA 17128-0946 CARLISLE, PA 17013 CARLISLE, PA 17013 280946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address KING'S ARMS CONDOMINIUM VILLAGE OF WESTOVER, HAMPDEN TOWNSHIP, CUMBERLAND COUNTY Tenants/Occupants 10 Kings Arms, Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: March 5, 2001 MARK J.~~I~TES Mark J. ~ren, ESQ.. Attorney Tor Plaintiff MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 The Chase Manhattan Bank, s/b/m/t Chase Bank of Texas, N.A. f/k/a Texas Commerce Bank, NA as Custodian 4708 Mercantile Drive. North Forth Worth, Texas 76137-3605 Plaintiff Vo Loretta J. Myer 10 Kings Arms Mechanicsburg, PA 17055 Defendant(s) ATTOP. NEY FOR PLAINTIFF COURT OF COMMON PLEAS i CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-130 Civil Term NQT~/~E~IFF'~F REAL~?~ TO: LORETTA J. MYER 10 Kings Arms Mechanicsburg, PA 17055 Your house (real estate) at 10 Kings Arms, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on June 6, 2001 , at 10:00 AM in the COMMISSIONERS HEARING ROOM, 2ND FLOOR, COURTHOUSE, CARLISLE, PA to enforce the court judgment of $33,817.49, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NQ~LC~_OF_ O~~HTS YOU MAY BE ABLE TQ PREVENT THIS ~HEP~I~J~Jk%~ TO prevent this Sheriff's Sale, you must take The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attormey's fees. To find out how much you must pay, you may call: ~856) 4~-6900. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. more chance you will have of stopping the sale. to obtain an attorney.) The sooner you contact one, the (See notice on page two on how ][Q~~BE_~tBLE~I~SA~E YOUR PROPEP~Y~ND_~YOffJ~HA~E_DTHEF~RIGHT~ E~EN_I~ SHERIFF'S~ALE~DOES TAKE P?.~CE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. TO find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOIIR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFOi~D ONE, ~O TO OR TELEPHONE THE OFFICE LISTED BELOW TO FINE OUT~THE~E YOU CAN GET LHGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 MARK J. UDREN & ASSOCIATES BY= Mark J. Udren, Esquire ATTY I.D. NO. 04302 10%0 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 0803% 856~%82-6900 The Chase Manhattan Bank, s/b/m/t Chase Bank of Texas, N.A. f/k/a Texas Commerce Bank, NA as Custodian 4708 Mercantile Drive. North Forth Worth, Texas 76137-3605 Plaintiff Loretta J. Myer 10 Kings Arms Mechanicsburg, PA 17055 Defendant{s) ATTOR/FEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 01-130 Civil Term PRA~CIPE TO WIT~RAW JUD_C~MENT AND DISCO]~T~LNI~.~W TO THE PROTHONOTARY: Kindly mark the above captioned matter JUDGMENT WITHDRAWN and ACTION DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. DATED: July 18, 2001 Mark J. Udren, Esquire Mark J. Udren & Associates Attorney for Plaintiff