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Home My WebLink About01-0930MARK J. UDREN & ASSOCIATES BY= Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. HINQS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, National Association fka Norwest Bank Minnesota, National Association, as Trustee for SASCO Mortgage Loan Trust 1999-BC4 P.O. Box 57038 Irvine, CA 92619-7028 Plaintiff ATTORNEy FOE PLAINTIFF :COURT OF COMMON pLEAS :CIVIL'DIVISION : :Cumberland County : : : Vo Richard Seeger 142 S. Locust Street Camphill, PA 17011 Defendant_(s) :' Do. OI - 930 : 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 NEERR YOU CAN GET LEGAL HELP. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 Le hah 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 a~.ogado y entre~ar 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 pue~e continuar la demanda en contra suya sin previo avl notlficacion Ademas la .... so o demandante y ~e iere ' corse pueae decldlr a favor del qu 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 IM~t~iATAMENTE, SI NO TIE1TE ABOGADo 0 SI NO TIENE EL DINERO SUFIcIKNTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIP~ECCION SE ENCU~NTRA ESCRITA ABAJO PARA AFER/GUAR DONDE SE PUEDE CONSEGUIR 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 un 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 ff dliferent 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 £wm 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 (SS~) 482-~900 caption on a preceding page. If Plaintiff is an assignee is such by virtue of the following recorded assignments: Assignor: Option One Mortgage Corporation Assignee: Wells Fargo Bank Minnesota, National Association fka Norwest Bank Minnesota, National Association, as Trustee for SASCO Mortgage Loan Trust 1999-BC4 Recording Date: LODgeD FOR RECORDX~ Book: Page: 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 refDrence in accordance with PA.R.C.P. 1019 (9)- The information re~arding the Mortgage being foreclosed is as follows: Plaintiff is the Corporation designated as such in the then it MORTGAGED PREMISES: 142 S. Locust Street MUNICIPALITY/TOWNSHIP/BOROUGH: Township of Lower Allen COUNTY: Cumberland DATE EXECUTED: 7/30/99 DATE RECORDED: 8/20/99 BOOK: 1565 PAGE: 404 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. 217101: The following amounts are due on the said Mortgage as of Principal of debt due and unpaid ~nte~e~t at 10.4%* from 6/1/00 co 2/7/01 (the per diem interest accruing on this debt is $15.31 and that sum should be added each day after 2/7/01) 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 2/7/01) Late Charges (monthly late charge of $29.37 should be added on t.he fifteenth of each month after 2/7/01) Corporate Advance Field Service Property Inspections Attorneys Fees (anticipated and actual to 5% of principal) TOTi~L The Interest Rate and Per Diem are subject more fully set forth in $53,722.23 3,858.12 250.00 280.00 0.00 205.59 96.00 144.00 8.85 $61,250.90 to adjustment as the Note and Mortgage. 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 judgment, in rem, against the Defendant(s) herein in the sum of $61,250.90 plus 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 ALL TEAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYINg AND BEINg IN THE TOWNSHIP OF LOWER ALLEN, C~BEPJ, A~D COUNTY, IN TEE COMMONWEALTH OF PENNSYLVANIA, MORE PANTICULARy DESCRIBED AS FOLLOWS~ BEGINNINg AT A POINT ON T~E SOOTaERLy LINE OF LOCUST STREET, WEICH POINT IS 145 FEET WEST OF THE SObTaERLy CORNER OF ALLEN ROAD AND LOCUST STREET~ THENCE SOUTR 49 DEGREES 27 MINUTES WEST, 102.68 FEET TO A POINT~ TI[ENCE NORTR 51 DEGREES 21 MINUTES 30 SECONDS WEST, 66.17 FEET TO A POINT~ THENCE NORTH 49 DEgENES, 27 MINUTEs EAST, 115.09 FEET TO A POINT ON THE SO~TaERLy LINE OF LOCUST STREET AFORESAID~ T~NCE ALONQ SAME SOuT~ 40 DEQREES 33 MINUTES EAST, 65 FEET TO A POINT, THE PLACE OF BEglENIN~. TAX MAP NO: MAP: 13-23-0555-055 BEZNQ THE SANE PREMISES KNOWN AS 142 LOCUST STREET. September 06, 2000 Richard Seeger 142 S Locust St Camphill, PA 17011 6736 Homeowners Name: Richard Seeger Property Address: 142 S Locust St, Camphill PA 17011 Loan Account No.: 192624-5 Original Lender: OPTIO~ ONE Current Lender/Servicer: Option One Mortgage Corporatio~ ................... HOMEOWNER,S EMERGENCY MORTGAGE'ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL _ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND W~.T,p YOU MAKE FUTUR~: M~ORTGAGEPAYMENT~ IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER,S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "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 OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENcy. TEMPORARy STAY OF FORECLOSUR~ _ Under the Act, you are entitled to a te,,porary 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 "face-to-face,, meeting with one of the designated consumer credit counseling agencies listed at the'end of this Notice. THIS MEETING MUST OCCUR'WITHiN THE NEXT NOT APPLY FOR EMER (33) DAYS. IF M GENCY MORTGAGE ASSIST YOU DO ORTGAGE UP TO DA _ ANCE YOU MUST BRIN TE. THE PART OF G YOUR DATE. T ~NG YOUR MORTGAGE UP~ oP17 EXHIBIT A Re: Loan No. 192624-5 CONSUMER CREDIT COUNSELING AGENCIER - If you meet with one of the' consumer credit counseling agencies listed at the endof this the lender may NOT take action a~ .......... Notice,. the date of this meetin-. ~ _~ ~u rot tnm~=y ~30) days after · ~ ~= z~mes a~resses and te = ~u~ u~e count in ~x.u-~n~s_~located are . Iu ms only necessary to~~ -= ---=~= uzz~ ~===-uo-race meeting.~ your lender immediatel¥of your intentions. APPLICATION FOR MORTGAGE ASSISTANC~ - Your mortgage is in default for ~he reasons set f~rth later in this Notice._¢see following pages.fo~...~_. 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 E~ergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner,s Emergency AssistanceProgram Application with one of the designated consumer credit counseling agencies listed at the 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. Yourapplication MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR'APPLICATiON PROMPTLY. IF YOU FAIL 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. '~ ~ AGENCY ACTION - 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. 0P171 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE 'FILING OF A PETITION IN BANKRUPTCY, 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 YOUR MORTGAGE DEFAULT (BRING IT UP TO DATE) NATURE OF THE DEFAULT - The MORTGAGE debt ~"hetd. by"the above "]'ender'-c~n your property located at: 142 S Locust St, Cam~hill PA 17011 IS SERIOUSLY IN DEFAULT beca--u e: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMEAFfS for the following months and the following amounts are now past due: (a) Monthly payments: 1 MONTHs @ $ 489.47 2 MONTHS ~ $ 489.47 (b) Previous late charges; .$ 1468.41 (c) Other charges; Escrow, Inspection, ~. 58.74 NSF checks (d) Other provisions of the mortgage obligation, ~ 0 if any (e) TOTAL A24OUNT OF (a) (b) and (c) REQUIRED ~ 5.00 AS OF THIS DATE $ 1532.15 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - you may cure the default within thir days of the date of this notice BY PAYING THE TOTAL AMOUNT pA~YD~0) TO THE LENDER WHICH IS $1532.15, PLUS ANY MORTGAGE PAYMENTs AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. ~be ~3-~y~r~s check, certified check or money ~rder ~able and send to: ~ Option One Mortgage Corporation 3 Ada I~-vine, Ca. 92618 You can cure any other default by taking the following action within thirty (30). days of the date of this letter. (Do not use if not (applicable.) , OP172 Re: Loan No. 192624-5 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 intends to ~rcise its ri hts to accelerate the mort~a~ This means that the ent~ndin~"~is 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 foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mo~g~ropez~wi~k.~be sold by the Sheriff to pay off the mortgage d~. If the lender refers your case to its attorneys, but you cure the delinquency before'the lender brings legal proceedings against you, you will still be required to pay the reasonable.attorney,s fees that were actuall incur . 1 ~ ~v~ if legal.proceedings are started a ainst ] ~u p y u~± reasonanle attorney,s fees actually incurred b~ the lender even if they exceed.S50.00. Any attorney,s fees will be added to the amount you owe the lender, which may alsd include other reasonable costs. If_~_~ou cure the default within the THIRTY (30) DAY eriod, ou will not be reclu~_p~y__attorney,s fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGP~, TO CURE THE DEFAULT PRIOR TO .~w. RIFF,S SA~.~: - 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 de.faul~ and_~__p_revent the sale at~ to one hour before the Sherlff,s ~ ~~ and ~= ~xu ~n o~ner costs ~n b the ~ements . C~~ under the mort a e. . g y r default in the manner ~~-~=_~_~ mo.r~u, a e. defaulted. = : ~ ~.= o=m= position as 1~ you had never _EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff,s Sale of the mortgaged property could be held would be approximately (7) SEVEN 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 amount 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. OP173 Re: Loan No. 192624,5 HOW TO CONTACT THE LENDER: Name of Lender: Option One Mortgage Corporation Address: 3 Ada Address: Irvine, CA. 92618 Phone Number:. 800-326-1500, Ext. 8004 Fax Number: 949_790_8182 Contact Person: AMBER ROJAS EXT 5766 .EFFECT OF SHERIFF,S S~?,~. - You s~A--~ end your ownershi ~_ _ _ ~uu.~u realize that a Sher~if 'm .~1~ ,.~ of thc f If you continue t~p ~'--- :_m~o,rcgage~ property and your right t ....... ~'~.~ lawsuit to remo ......... p. rop.ert.y after the Sheriff,s u:~ = y be ~ ~ ~= {uu ~nu your =ur/llshlngs and oth~- ~-- .~=~=' ..... ~ ~y ~ne lender at any time. --~ ~=~unglngs could ASSUMPTION OF MORTGAC.~ - 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. YOU MAy ALSO ~AVE THE RIGHT TO: * TO SELL THE PROPERTY TO OBTAIN MONEy TO PAY OFF T~E MORTGAGE DEBT OR TO BORROW MONEy FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS ~DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURED THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE T~AT THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE· YOU BELIEVE YOU MAy HAVE TO SUCH ACTION BY THE LENDER. OP 114 TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. 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. Udren, ESQUIRE MARK J. UDREN &ASSOCIATES SHERIFF'S RETURN - REGULAR CASE NO: 2001-00930 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO EANK MINNESOTA VS SEEGER RICHARD SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SEEGER RICHARD the DEFENDANT , at 0013:02 HOURS, at 142 SOUTH LOCUST STREET CAMP HILL, PA 17011 RICHARD SEEGER on the 23rd day of February 2001 by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 8.06 Affidavit .00 Surcharge 10.00 .00 36.06 Sworn and Subscribed to before me this 27 ~ day of Pgothonotary " So Answers: R. Thomas Kline 02/26/2001 MARK J. UDR~EN~ By: - -Dep~y~heriff 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 Wells Fargo Bank Minnesota, National Association fka Norwest Bank Minnesota, National Association, as Trustee for SASCO Mortgage Loan Trust 1999-BC4 P.O. Box 57038 Irvine, CA 92619-7038 Plaintiff Vo Richard Seeger 142 S. Locust Street Camphill, PA 17011 Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS i CIVIL DIVISION : Cumberland County 01-930 Civil Term P-RA~CIP~E__TO MARK SETTLED~ DISCONTINUED AND ENDF~D TO THE PROTHONOTARY: Please mark the above captioned matter SETTLED, DISCONTINUED and ENDED, upon payment of your costs only. Mark J. Udren, Esquire Mark J. Udren & Associates Attorney for Plaintiff Dated: Apr/~2001