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HomeMy WebLinkAbout10-7175SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 77, (SFFICE,?,F '?sE SNERiFF FILED-OFFICE OF THE PROTHONOTARY, Jody S Smith Chief Deputy Richard W Stewart Solicitor 2010 DEC -2 PM 3: 44 CUMBERLAND COUNTY PENNSYLVANIA Bank of America, NA vs. Nancy Kiss Case Number 2010-7175 SHERIFF'S RETURN OF SERVICE 11/29/2010 07:52 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November 29, 2010 at 1952 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Nancy Kiss, by making known unto herself personally, at 155 Salem Church Road #52, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. Request for service at 140 Wyoming Avenue, Enola, Pennsylvania, 17025 is vacant. SHERIFF COST: $50.50 November 30, 2010 RYAN BURGETT, D SO ANSWERS, /?Z' X. 2x? RON R ANDERSON, SHERIFF (c CountySulte Sheriff, Teleosott. Inc. UDR,EN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Bank of America, N.A. P.O. Box 660694 Dallas, TX 75266 Plaintiff V. Nancy Kiss 155 Salem Church Road, #52 Mechanicsburg, PA 17050 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 10-7175 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: _ 4 rn C= Y~?. x;:0 cn r- -C 30 :Z C:) aC, Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Nancy Kiss 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 $98,075.29 Interest Per Complaint 4,127.30 From 11/13/10 to 8/16/11 Late charges per Complaint 250.90 From 11/13/10 to 8/16/11 TOTAL $102,453.49 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDREN LAW OFFICES, P.C. BY: -- torney for ?ainfi f % DAMAGES ARE HEREBY ASSESSED AS INDICA' DATE : PRO P'. C6ly.oa" ck ? ? 38th iU?c? (new Eed p_ f. ? ?? ? S ?,+?`;?: * ?? ?. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF 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 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 DANIEL S. SIEDMAN, ESQUIRE - ID #306534 JEROME B. BLANK, ESQUIRE - ID #49736 WOODCREST CORPORATE CENTER Ill WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Bank of America, N.A. COURT OF COMMON PLEAS P.O. Box 660694 =CIVIL DIVISION Dallas, TX 75266 Plaintiff =Cumberland County V. Nancy Kiss 140 Wyoming Avenue NO. (? i? Enola, PA 17025 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 GO TO OR TELEPHONE THE OFFICE SET FORTS 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor u?,ttztr c e:ttal??S?i*???i? Bank of America, NA vs. Case Number Nancy Kiss 2010-7175 SHERIFF'S RETURN OF SERVICE 11129/2010 07:52 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November 29, 2010 at 1952 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Nancy Kiss, by making known unto herself personally, at 155 Salem Church Road #52, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. Request for service at 140 Wyoming Avenue, Enola, Pennsylvania, 17025 is vacant. RYAN BURGETT, DY SHERIFF COST: $50.50 November 30, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF :C`4 C 1!71VS•s:e S ", zliaosait. UDREN LAW OFFICES, P.C. ,WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 #10110206-1 Bank of America, N.A. Plaintiff V. Nancy Kiss De f endano (s) TO: Nancy Kiss 155 Salem Church Road Lot 52 Mechanicsburg, PA 17050 ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County =NO. 10-7175 Date of Notice: December 21, 2010 IMPORTANT NOTICE 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 JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 NOTIFICACION IMPORTANTE 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 TERMING DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAP. PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORT_fiNTES. DEBE LLEVAR ESTA NOTIFIC_ACION A UN ABOG_ADO IMMEDIP_T_AMENTE SI USTED NO TIENE ABOGnDO, 0 .SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PAPA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association Liberty Avenue Carlisle, PA 17012 800-990-9108 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. Daniel S. Siedmar, L- PA ID 3065{4 Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Bank of America, N.A. P.O. Box 660694 Dallas, TX 75266 Plaintiff V. Nancy Kiss 155 Salem Church Road #52 Mechanicsburg, PA 1.7050 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 10-7175 AFFIDAVIT OF NON-MILITARY SERVICE UNDER Pa.R.C.P 76 THE UNDERSIGNED states, upon information and belief, 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 Sailor, Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Nancy Kiss Age: Over 18 Residence: As captioned above Employment: Unknown This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Name: Title: Company: J--?v ---v ?:) * sb10q UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Bank of America, N.A. COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION -- V. :,Cumberland County - - MORTGAGE FORECLOSURE 1 i Nancy Kiss NO. 10-7175 Defendant(s) © v- T> c-) :9 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due $102,453.49 Interest From 6/17/11 1,683.70 to Date of Sale December 7, 2011 Ongoing Per Diem of 14.90 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, P.C. 50.56 CAF 6)'g, Qo it 4, oo a 1( ?Sp<<<c BY: P"?e_ )-VZ? Attorney for Plaintiff 0TN AL SO LL Cbfav I38L4 1 wa ij q ?-?S I.tEc( UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 080C13-3620 856-669-5400 cO :3- pleadings@udren.com pleadings@udren.com rn Bank of America, N.A. :COURT OF COMMON PLEAS -< 3> c`7 Plaintiff ` CIVIL DIVISION V • = Cumberland County :M c -r ?a 7 MORTGAGE FORECLOSURE ? J Nancy Kiss -NO. 10-7175 Defendant(s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) X-C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. Ii. The Defendant(s) own the property being exposed to sale as: X -A. An individual B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defendant(s) is (are): X -A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: UDREN LAW OFFICES, P.C. BY: Attorn s for Plaintiff, ?( :Z'0??O\JC%A- ( qA UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Bank of America, N.A. Plaintiff V. Nancy Kiss Defendant(s) ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County :MORTGAGE FORECLOSURE :NO. 10-7175 C E R T I F I C A T E r-? taw,. -L?? CO ? :) 5; - . - r 9 Lr°. r I hereby state that as 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: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 36 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BY: ?_'t?e! CtI - Attorney fo?r?Plaint iff `fA "zscf UDREN LAW OFFICES, P.C. f ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 ca il 856-669-5400 cw: pleadings@udren.com Y'T Bank of America, N.A. :COURT OF COMMON PLEAS ; co Plaintiff CIVIL DIVISION : V. : Cumberland County n MORTGAGE FORECLOSURE Nancy Kiss :NO. 10-7175 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Bank of America, N.A., Plaintiff in the above action, by its attorney, Udren Law Offices, P.C., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 140 Wyoming Avenue, Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name Address Nancy Kiss 155 Salem Church Road, 452 Mechanicsburg, PA 17050 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 record lien on the real property to be sold: Name Address East Pennsboro Township 98 South Enola Drive Enola, PA 17025 4. Name and address of the last recorded holder of every mortgage of record: Name Address Bank of America, N.A. P.O. Box 660694 Dallas, TX 75266 United Guaranty Residential 230 North Elm Street Insurance Company of North Greensboro, NC 27401 Carolina 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept.. Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Square Carlisle, PA 17013 13 N. Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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 Tenants/Occupants 140 Wyoming Avenue Enola, PA 17025 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: , 2011 UDREN LAW OFFICES, P.C. Yyt BY: Attorney for?Plaintiff LA(N P? i s UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com E-2 Bank of America, N.A. COURT OF COMMON PLEAS MOD Plaintiff CIVIL DIVISION V. :-Cumberland County ;o MORTGAGE FORECLOSURE 7='c? Nancy Kiss NO. 10-7175 =C:) Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Nancy Kiss 155 Salem Church Road, #52 Mechanicsburg, PA 17050 Your house (real estate) at 140 Wyoming Avenue, Enola, PA 17025 is scheduled to be gold at the Sheriff's Sale on December 7, 2011, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle:, PA, to enforce the court judgment of $102,453.49, obtained.by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: _(856) 669-5400. 2. 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. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 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 856-669-5400. 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 YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-7175 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A., Plaintiff (s) From NANCY KISS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $102,453.49 L.L.: $.50 Interest from 8/17/11 to Date of Sale December 7, 2011 ongoing per diem of $14.90 - $1,683.70 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $183.00 Other Costs: Plaintiff Paid: Date: 8/18/11 David D. B ell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: PAIGE M. PRONOVOST, ESQUIRE NIX I A .Pr; ? t M. A0,11, no .? Es , Address: UDREN LAW OFFICES, P.C. 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 309091