HomeMy WebLinkAbout01-0816MARK 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
Bank United
3200 S.W. Freeway, Suite 14
Houston, TX 77027
Plaintiff
Brian T. Prosser
1227 Bridge Street
New Cumberland, PA 17070
De fendant (s)
ATTORNEY FOR PLAINTIFF
: COURT OF COMMON PLEAS
!CIVIL DIVISION
:Cumberland County
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 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, PA 17013-3387
717-249-3166 or 800-990-9108
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.
LLEVEESTA DEMANDA A UNABOGADO IMMEDIATAMENTE, SI NO TIENEAEO~ADO
0 SI NO TIE1TE EL DINERO SUFICIENTE DE PA~A~ TAL SERVICIO, VAYA EN
PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERI@UAR DONDE SE PUEDE CONSE~UIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
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
caption on a preceding page. If Plaintiff is an assignee then
Plaintiff is the Corporation designated as such in the
it
is such by virtue of the following recorded assignments:
Maryland National Mortgage Corporation
Barclays American Mortgage Corp., a
Corporation
Date: 2/27/92 Book: 412 Page: 909
North Carolina
Assignor:
Assignee:
Recording
Assignor:
Assignee:
Recording
Barclays American Mortgage Corp., a North Carolina
Corporation
Norwest Mortgage, Inc., a Minnesota Corporation
Date: 3/13/96 Book: 515 Page: 552
Assignor:
Assignee:
Recording
Norwest Mortgage, Inc., a Minnesota Corporation
Bank United
Date: 8/21/98 Book: 586 Page: 398
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: 1227 Bridge Street
MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Cumberland
COUNTY: Cumberland
DATE EXECUTED: 11/27/91
DATE RECORDED: 12/3/91 BOOK: 1037 PAGE: 729
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 Note as follows:
(a) by failing or refusing to pay the installments of
principal and interest when due in the amounts indicated
below;
(b) by failing or refusing to pay other charges, if any,
indicated below.
The following amounts are due on the said Mortgage as of
2/1/01:
Principal of debt due and unpaid
Interest at 7.875% from 7/1/00
to 2/1/01
(the per diem interest accruing on
this debt is $11.58 and that sum
should be added each day after
2/1/01)
$52,935.76
2,501.28
Title Report
250.00
Court Costs (anticipated, excluding
Sheriff's Sale costs)
280.00
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 2/1/01)
281.10
Late Charges
(monthly late charge of $20.52
should be added on the fifteenth of
each month after 2/1/01)
123.64
Other Fees
85.00
Attorneys Fees (anticipated and actual
to 5% of principal)
2:646~
TOTAL
$59,103.57
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 is not required as the original
principal amount exceeds the sum of $50,000.00. The notice
specified by the Pennsylvania Homeowner's Emergency Mortgage
Assistance Program, Act 91 of 1983, has not been sent because the
("FHA")
Mortgage is insured by the Federal Housing Administration
and the notice is therefore not required.
WHEREFORE, the Plaintiff demands judgment, in rem,
the Defendant(s) herein in the sum of $59,103.57 plus
a~ainst
interest,
costs and attorneys fees as more fully set forth in the Complaint,
and for foreclosure and sale of the Mortgaged premises.
Mark J. Udren, ESQUIRE
MARK J. UDREN & ASSOCIATES
Attorney for Plaintiff
Attorney I.D. No. 04302
THAT CERTaiN LOT ~ PART OF ~ LOT SITUATED IN THE BOROUON OF NEW
cOUNTY OF CUMBERLAND, AND STATE OF pENNSYLVANIA, BEIN~ THE SOu'£~ERLY BI~HT (8} FEET
OF LOT NUMBERED 29 AND THE WHOLE OF LOT NUMBERED 28, IN THE WILLETT HEIRS' ADDITION
TO TEE BOROUGH OF NEW CUMBERLAND AFORESAID, AS RECOP, DED IN THE OFFICE OF THE
RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTy, PENNSYLVANIA, IN PLAN BOOK NO. 2,
AT PA~E 24, MORE PARTICULARLY BOI~RDED AND DESCRIBED AS FOLLOWS, TO WITs
BEQINNIN~ AT A POINT SEVENTEEN (17) FEET MORE OR LESS, SOUTH OF THE SOUTHEASTEAN
CO~NER FOP. MED BY THE INTERSECTION OF LINCOLN STREET, NOW PA~K AVENUE WITH BRID~E
STREET AT THE CENTER OF THE PARTITION WALL SEPAHATINQ THE PROPERTY REREINDESCRIBED
AND NUMBER 1229 BRIDQE STREBT~ THENCE CONTINUINQ ALONQ THE EASTERLY LINE OF BRIDQE
STHEET SOUTHWARDLY, THIRTY-THREE (33) FEET, MORE OR LESS, TO THE NORTHERLY LINE OF
LOT NO. 27, ABOVE MENTIONED PLAN; THENCE BY THE NORTHERLY LINE OF LOT NO. 27, AT
RIGHT ANQLE TO BRIDGE STREET, ONE HUNDRED FIFTY (150) FEET TO THE WESTERLY LINE OF
A SIXTEEN (16) FOOT WIDE ALLEY~ THENCE NORTHERLY ALONQ SAID ALLEY, THZRTY-TNREE
(33) FEET, MOBE OR LESS, TO A POINT~ THENCE WESTWAI~DLy ALONG AND THRU THE CENTER
THE PARTITION WALL OF THE DOUBLE BRICK ROUSE ABOVE MENTIONED A DISTANCE OF ONE
HUNDRED AND FIFTY (150) FEET TO THE EASTERLY LINE OF BRID~E STREET, THE POINT OR
PLACE OF BEQINNINQ.
BRING THE SOUTHERLY EIGHT (8) FEET TO LOT NO. 29, AND THE WHOLE OF LOT NO. 28 ON
THE PLAN OF LOTS FIRST MENTIONED, THE WHOLE FO~MIN~ A RECTANGULAR PLOT OF GROUND
FRONTIN~ THIRTY-THREE (33) FEET ON BRID~E STREET, AND EXTENDIN~ BACK IN UNIFORM
WIDTH ONE HUNDRED FIFTY (150) FEET TO THE WESTERLY LINE OF A SIXTEEN (16) FOOT WIDE
PUBLIC ALLEY.
HAVIN~ THERNON ERECTED THE SOUTHERLY HALF OF A DOUBLE TWO STORY BRICK DWELLIN~
HOUSE, ~A~A~E, ETC., AND KNOWN AND NUMBERED NO. 1227 BRID~E STREET, NEW CUMBERLAND,
PENNSYLVANIA.
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
reports of Plaintiff's agents.
this statement herein is made
Pa.C.So Section 4904 relating
authorities.
information is public records and
The undersigned understands that
subject to the penalties of 18
to unsworn falsification to
Mark ij. Udren, ESQUIRE
MARK iJ. UDREN & ASSOCIATES
SHERIFF' S RETURN -
CASE NO: 2001-00816 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANK UNITED
VS
PROSSER BRIAN T
REGULAR
SHAWNHARRISON ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE
PROSSER BRIAN T
DEFENDANT
at 1227 BRIDGE
NEW CUMBERLJ~qD,
BRIAN PROSSER
, at 0018:42 HOURS,
STREET
PA 17070
a true and attested copy of
NOTICE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 14th day of February , __
by handing to
together with
COMPLAINT - MORT FORE
2001
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.54
Affidavit .00
Surcharge 10.00
.00
38.54
Sworn and Subscribed to before
me this ~ ~ day of
~P~othonotary ' ' '
So Answers:
R. Thomas Kline
02/15/2001
MARK J. UDREN
By:
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIOHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Bank United
3200 S.W. Freeway, Suite 14
Houston, TX 77027
Plaintiff
Vo
Brian T. Prosser
1227 Bridge Street
New Cumberland, PA 17070
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. 01-816
TO THE PROTHONOTARY:
Kindly mark the above DISCONTINUED WITHOUT PREJUDICE,
upon payment of your costs only.
DATED: July 11, 2D/ll
Mark J. Udren, Esquire
Mark J. Udren & Associates
Attorney for Plaintiff