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HomeMy WebLinkAbout10-1722 UDREN LAW OFFICES, P.C. 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 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsQudren.com ATTORNEY FOR PLAINTIFF ? N .Aa. © T Interstate TD Investments, LLC :COURT OF COMMON PLEAS P.O. Box 5427 :CIVIL DIVISION A Oxnard, CA 93031 8008752964 :Cumberlanc Plaintiff V. Timothy M. Kiner Kathy M. Kiner NO. 1 Q 255 Peach Glen Road Gardners, PA 17324 Defendant(s) County ? ? ? ?- c V, ? f Lint COMPLAINT IN MORTGAGE FORECLOSURE 0 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 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. tbf 1"' 6 -73 R# 9 370`/ LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 C 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 0 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 C NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 C, 1. Plaintiff is the Corporation designated as such in the caption on a preceding page, who is the legal holder of the Mortgage and is in the process of formalizing the Assignment of Mortgage to be sent 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 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 255 Peach Glen Road MUNICIPALITY/TOWNSHIP/BOROUGH: Dickinson Township COUNTY: Cumberland DATE EXECUTED: 06/28/04 DATE RECORDED: 07/16/.04 BOOK: 1873 PAGE: 4212 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) 6. 12/2/09: 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 Unpaid Interest at 10.0% from 12/1/05 to 12/2/09 (the per diem interest accruing on this debt is $3.85 and that sum should be added each day after 12/2/09) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Late Charges (monthly late charge of $20.00 should be added in accordance with the terms of the note each month after 12/2/09) Unpaid Charges Reasonable Attorneys Fees TOTAL $14,045.82 12,234.96 325.00 280.00 635.27 198.04 1,250.00 $28,421.38 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 under Act 6 of 1974 of the Commonwealth of Pennsylvania has been sent to each Defendant, certified mail, in accordance with the requirements of that act, and copy(s) are attached hereto as Exhibit "A" and made part hereof. The notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has been a sent as required on the date appearing on the copy attached hereto as Exhibit "B", and Defendant(s) have failed to proceed within the time limits, or has been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $28,969.09 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the mortgaged premises. ICES, P. C. A o I-UDREN, yfo`r' ftailt`iff ESQUIRE ST T WINNEG, ESQUIRE LO RAINE DOYLE, ESQUIRE M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE ./MARGUERITE L. THOMAS, ESQUIRE . ALL that certain tract of.land with the improvements thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described per magnetic beW"s of 11149 as MIME: BEGINNING at a point in the center line of Legislative Route No. 21,030, being a public road leading from Goodyear to Peach Chen; thence by the center line of said road, North 56 degrees 50 minutes East a distance of 130.50 feet.to a point; thence by land now or formerly of Frank L. Stack, Sr. and wife, South 38 degrees 32 minutes East, a distance of 163.5 feet to a post; thence a" the same, South 50 degrees 20 minutes West, a distance of 121.8 feat To a post; thence along lend now or fomx"iy of Davis, North 41 degrees 5 minutes West, a distance of 178 feet to the Phm* of BEGINNING. CONTAINING one-half acre, more or less and being improved with a dwelling known and numbered as 255 Peach Gian Road, Gardners, Pennsylvania 17241. BEING the same property which CHRISTINE L. PRESCOTT, ntida CHRISTINE P. WOOLARD, Executrix of the Estate of HELEN E. BOYER. deceased, granted and conveyed to BRUCE BRIGGS, single man, grantor herein, by deed dated November 18, 1996, and recorded in the Office of the Recorder of Deeds for Cumberiand County, Pennsylvania, in Deed Book 150, Page 936. 0 C r ` MARK J. UDREN* STUART WINNEG** LORR41NE DOYLE** ALAN M. MINA TO*** CHANDRA M. ARKEMA*** SAL VA TORE C4ROLLO**** LOUIS SIMONI*** SHERRI BRAUNSTEIN***** *ADMMED NJ, PA, FL •-ADMITTED PA •:-ADMITTED NJ, PA ----ADMITTED EV NJ •-•- ADMITTED INNJ, PA, NP TINA MARIE RICH OFFICEADMWLSMTOR December 1 , 2009 UDREN LA W OFFICES, AC. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD SUITE 200 CHERRYHILL. NEW JERSEY 08003-3620 856. 669. 5400 FAX. 856. 669. 5399 FREDDIE MAC PENNSYLVANIA DESIGNATED COUNSEL CERTIFIED MAIL RETURN RECEIPT REQUESTED ARTICLE #7009 1410 0001 7104 4278 #7009 1410 0001 7104 4261 Timothy M. Kinner Kathy M. Kinner 255 Peach Glen Road Gardeners PA 17324 RE: Mortgage Loan dated June 28, 2004 Lender: Interstate TD Investents, LLC Dear Mortgagor: NOTICE OF INTENTION TO FORECLOSE Pennsylvania Office (215) 568-9500 The mortgage serviced/held by Interstate TD Investments, LLC.,(hereinafter we, us or ours) on your property located at 255 Peach Glen Road Gardeners PA 17324 IS IN SERIOUS DEFAULT because you have not made the monthly installments for the months of September 1, 2005 through December 1, 2009 for a total of $12,753.36. The last assessed late charge on this account was at a late charge rate of 10% for each delinquent installment(s). As of today, late charges have accrued to the total amount of $635.27. EXHIBIT A C Other charges including annual fees, property inspection, brokers price opinion, and miscellaneous fees have accrued at the total amount of $448.04. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $13,836.67. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $13,836.67, plus any additional monthly payments and late charges which may fall due during this period. To confirm if any additional amounts are due, you may contact us at (856) 669-5400 or (215) 568-9500. All payments must be made either by cash, cashier's check, certified check or money order, and made to UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NEW JERSEY 08003-3620 C. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise the lender's right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, the lender also intends to instruct our firm to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff or other similar official to pay off the mortgage debt. If you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe the lender, which may also include our reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney's fees. The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's or other similar official foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's or other similar official's sale could be held would be approximately six months from the date of this letter. A notice of the date of the Sheriff's or similar official sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (856) 669-5400 extension 5644. This payment must be cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's or other similar official sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's or other similar official sale, a lawsuit could be started to evict you. You shall have the right to assert in the foreclosure proceedings, the non-existence of a default or any other defense that you may have to acceleration or foreclosure. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY. OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. if you cure the default, the mortgage will position as if no default had occurred. entitled to this right to cure your defau7 in any calendar year. UDREN BY: be re d to the same e , you are not M r an three times 1? W C1a, P. C. Al??Orne For Z r r MARK J. MIREN, ESQUIRE €XOPWART W EG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS SIMONI, ESQUIRE SHERRI BRAUNSTEIN, ESAUIRE CC: First Class Mail 0 r 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. 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 WOODCREST CORPORATE CENTER Ill WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 (856) 669-5400 C • or Priority Malim, tii. :fled Mail. For. )rovide proof of attach a Fteu rn, age to COYer they a fee wakw for: J Mail receipt Is addressee or ailpiece with the. present the artk Certified Mall i mail I an inquiry. i f tt,. i N U. T T Q0 4 f n C?ta? cLU Ct cc. Q r Cs r tr 1'4- `i ` E.. o a. a e?i i C] -0 a Cl C C3 bi -ra C] .C ru? Q.. L-' 0 Q e- LLJ, t? M a SE L Z5 ti V `J 7 19 ?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 make 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. Section 4904 relating to unsworn falsification to authorities. UD MJJZ I ES,%P. Cam. B L/C!/ Atto yslfor plaintiff UDREN, ESQUIRE S WINNEG, ESQUIRE L R INE DOYLE, ESQUIRE M. MINATO, ESQUIRE RA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE C, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor apt ~,tr of ~~iunfa~.~,~~~tl+ ;t: ~F~i~~ ~T r..G _=~~~HI~~ i;~ ZLI~~~~ j 1 1~i i~~ ~'t -~ CL~>> - ,.~ Interstate TD Investments, LLC Case Number vs. Timothy M. Kiner (et al.) 2010-1722 SHERIFF'S RETURN OF SERVICE 03/13/2010 11:20 AM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2010 at 1120 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Timothy M. Kiner, by making known unto himself personally, at 255 Peach Glen Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. RO ERT BITNER, DEPUTY 03/13/2010 11:20 AM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2010 at 1120 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kathy M. Kiner, by making known unto Timothy M. Kiner, Husband of defendant at 255 Peach Glen Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. RO ERT BITNER, PUTY SHERIFF COST: $53.90 March 15, 2010 SO ANSWERS, RON ~ R ANDERSON, SHERIFF 101 Coun`:ySuit~ ShenYP. TeloosoYf_ In::. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~$~~,tn at +~u+nbry~~4 ~~ ~ :`,~~ ~~~ OFFiGE OF •H~ S~$RIFF rit ~ i !~~ P{~r ` ~ t'z ~~t ~; ~ 1 ~~~~ ,~t'~47Y Interstate TD Investments, t_LC Case Number vs. Timothy M. Kiner (et al.) 2010-1722 SHERIFF'S RETURN OF SERVICE 06/1 612 0 1 0 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Udren on 618!10 SHERIFF COST: $94.78 SO ANSWERS, .,, ~"r""``~. June 18, 2010 RON R ANDERSON, SHERIFF {c} CountySuite Shenff, Teleosoft. Inc. ,~ ~y3 ~G~ ~.Y On June 14, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA, Known and numbered as, 255 Peach Glen Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: Real Estate Coordinator UDREN LAW OFFICES, P.C. 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 ADAM KAYES, ESQUIRE - ID #86408 MARGUERITE THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF Interstate TD Investments, LLC :COURT OF COMMON PLEAS P.O. Box 5427 :CIVIL DIVISION Oxnard, CA 93031 :Cumberland County 8008752964 Cl) t-n Plaintiff s ,NO. 10-1722 V. `r N Timothy M. Kiner Kathy M. Kiner ?j 255 Peach Glen Road ;=urn Gardners, PA 17324 C ,. Defendant(s) CZ) SUGGESTION OF BANKRUPTCY To the Prothonotary: Kindly note on the record that the above Defendant, Timothy M. Kiner has filed Chapter 13 Bankruptcy in the Middle District of Pennsylvania on May 27, 2010, Bankruptcy Case No. 10-04462. Ccl1200 ?u- 3 UDREN F S , P . iC BY: IV Attorn or laintiff MARK J. UD N, ESQUIRE STUART INN ESQUIRE LORRAIN DOY , ESQUIRE ALAN M. NAT , ESQUIRE CHANDRA M. . EMA, ESQUIRE ADAM KAYES, ESQUIRE MARGUERITE 'THOMAS, ESQUIRE