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Home My WebLink About01-3082Spear & Hoffman, P.A. BY: BONNIE DAHL, ESQUIRE Attorney I.D. No. 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 9786070 MANUFACTURERS AND TRADERS TRUST COURT OF COMMON PLEAS COMPANY SUCCESSOR BY MERGER WITH CUMBERLAND COUNTY SUCCESSOR IN INTEREST TO FINANCIAL DOCKET NO. ~) I .~l~& TRUST COMPANY PO BOX 840 BUFFALO, NY 14240-0840 PLAINTIFF, VS. JOSEPH S. RUDA AND TERRI L. RUDA 429 PONDEROSA ROAD CARLISLE, PA 17013 DEFENDANTS COMPLAINT - CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE NOTICE 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 prnperty 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 17103 (717) 249-3166 AVISO Le hah demandado a usted en la core. Si ustcd quiere dcfenders¢ de cstas demandas expuestas en las paginas siguientes, usted ticne veinte (20) dias de plazo a partir de la fecha de la demanda y la notification. Hate falta asentar una comparencia escrita o en persona o con un abogado y ent~egar a la ¢orte cn forma escrita sos defensas o sus objcciones a las demandadas en contra dc so persona. Sea avisado que si ustcd no se dcficnde, la corte tomara medidas y puede continuar la demanda en contra suya sin prcvio aviso o notificacion. Ademas, la corte pucde decidir a favor del dcmandato y rcquicrc que usted cumpla con todas las provisiones de csta demanda. Ustcd pucd¢ pcrder dinero o sus propicdadcs o otros dcrcchcs importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA.lO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 Spear & Hoffman, P.A. BY: BONNIE DAI-IL, ESQUIRE Attorney I.D. No. 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 9786070 MANUFACTURERS AND TRADERS TRUST COURT OF COMMON PLEAS COMPANY SUCCESSOR BY MERGER WITH CUMBERLAND COUNTY KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FINANCIAL DOCKET NO. TRUST COMPANY PO BOX 840 BUFFALO, NY 14240-0840 PLAINTIFF, VS. JOSEPH S. RUDA AND TERRI L. RUDA 429 PONDEROSA ROAD CARLISLE, PA 17013 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE 1. Plainti ffis MANUFACTURERS AND TRADERS TRUST COMPANY SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BA_,NK, N.A., SUCCESSOR IN INTEREST TO FINANCIAL TRUST COMPANY, with its principal place of business located at PO BOX 840 BUFFALO, NY 14240-0840. 2. The names and last known addresses oftbe Defendants are: JOSEPH S. RUDA AND TERRI L. RUDA, PO BOX 866, CARLISLE, PA 17013. 3. The interest of each individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both. 4. On or about OCTOBER 30, 1996, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to FINANCIAL TRUST COMPANY, which Mortgage is recorded as follows: Office of the Recorder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: OCTOBER 30, 1996 DATE RECORDED: OCTOBER 30, 1996 BOOK: 1348 PAGE: 1069 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). A tree and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference. 5. On or about OCTOBER 30, 1996, in consideration of their indebtedness to FINANCIAL TRUST COMPANY, JOSEPH S. RUDA AND TERRI L. RUDA made, executed and delivered to FINANCIAL TRUST COMPANY their promissory Note in the original principal amount of $43,000.00. A copy of said Note is attached hereto as Exhibit "B" and incorporated herein by reference. The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiffis the legal holder of the Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the Mortgage by virtue of the following assignments: ASSIGNOR: N/A ASSIGNEE: N/A DATE OF ASSIGNMENT: N/A RECORDING DATE: N/A BOOK: N/A PAGE: N/A 7. The Mortgage is secured by property located at 429 PONDEROSA ROAD, CARLISLE, PA 17013, which is more particularly described in the legal description attached hereto as Exhibit "C" and incorporated herein by reference. g. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due JANUARY 30, 2001 and monthly thereafter are due and have not been paid, whereby the whole balance ofprincipal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. 2 9. The following amounts are due on the Mortgage: Principal Balance $36,222.33 10.570% internst from DECEMBER 3 I, 2000 to APRIL 1 $, 2001 at $10.49 per day $1,132.92 Accrued Late Charges $46.90 Escrow Advances made by Plaintiff $46.82 Miscellaneous Fees $28.50 Estimated Attorney's Fees $3.600.00 TOTAL AMOUNT DUE $4 1.3 ! 5.20 Interest continues to accrue at the per diem rate ors 10.49 for every day aRer APRIL 18, 2001 that the debt remains unpaid. 10. Pursuant to the notice provisions of'Act 9 I, 35 P.S. § 1680.403(c), and the notice provisions of Act 6, 41 P.S. §403, as governed by 12 Pa. Code Section 31.201 et seq. as amended by Act 160 of 1998 effective February 19, 1999, Plaintiff sent the combined Notice of Intention to Foreclose Mortgage which is inclusive of the Act 91, Homeowners Emergency Mortgage Assistance Program and Act 6 notice to Defendants, dated MARCH 16, 2001. Copies of'the notices to the defendants are attached as Exhibit "D". Defendants have failed to cure the default and Defendant~ have failed to meet with the plaintiff'or any of'the consumer credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 12. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "E". WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest, attorney's fees, and other expenses, costs and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged premises. SPEAR & HOFFMAN, P.A. · I BSNNIE DAHL, ESQUIRE 4 VERIFICATION The andersigned hereby states that he/she is an authorized officer, representative or agent for Plaintiff in this action and that he/she is authorized to make this Verification on behalf of Plaintiff, and that the facts set forth in the foregoing Complaint arc taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in thc ordinary course of business and that those facts are true and correct to the best of his/her knowledge, information and belief. THE UNDERSIGNED UNDERSTANDS THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Name: Dennis Gawron Company: Manufacturers & Traders Trust Company Title: Assistant Vice President Acct. #9?86070 ExMbit "A " REr-ORDATIC~N REGIUES"I~rl BY: Om WeBi ltJ~h 8trNt ~.C~[~[ CmflM~,PA i/o1:1 ?='CORDER OF DEEDS r L').!~E.r,.LA;ID COUNTY- F'A WH~N ~COm)~O MAmL TO= ~m BEND TAX NOllCES TO: MORTOAOE THru m A PU~CH~ MONEY ~1,~ MO~TeAO~ m "A~" OCTO"~R ~0, lOOm, beb~m Jomoph ~. ~u~ m~d T~m L ~udm, ~.wim) 'n f~ emml~e, wflo~e addrema ~ 6S Defbylhmre DrY, Carlimie, PA 17011 (m~d to bela ~l.mn~-, Tru~ Compmny, whome mddre. ~ One Wm H~h ~b~ Cmd~, ~A 1701~ (refaced fl) bMow mm 'Lender"). mn Cuna~edmn,~ ~ur~y. Comnmmvemlth of Pennm~vmnlm (the "Reml ~ I~hmbmt A tow~hlp: Lower Franktord l'wp The ~-' prope~ or i. mHdr. m a~ ~ommonl¥ krmo~ mm 42~ Pon~eromm Flora,m, Cadlm~, PA 1701~. MORTGAGE .. (Continued) · ' MORTGAGE Page 3 (Cor, tJnued) any conle~ Grantor shaft dMend Ilself and Lend~ and shall lallsfy any ad.r# Judgment be~e mMorcement against Fda Properly. Graflex shal name Lender Im an additional obllgee under any surety bond fumkhed In ~he c~Meel ~ Pfh~lCYloafln.mlt~ ~t und-- the National Flood/nswance ~..~.,&m,. ~s ofhenmee ~eqidmd by ~. end M ~n $~h i~ ~ i~ ~m, MORTGAGE (Continued) MORTGAGE ..' (CO.hUed) C,'~ iiFICATE OF RESIDENCE INDIVIDU.N. ACKNOWLEDGMENT ............ COImTYOF ) ~.. ,.... ~..~ ~ _£._.,_~.:~_0~ ..~, n~-X-. .,,%,~,..G~a~.r ~ T~c~,'~"':','-' . =,,..u,,.,.,-,,I [ !~ COMMIS~ON EX,RES JUNE 2~ Igg~ Notary PUbl~ In ind ~ Ihe Still ol' ~. ,ood348 ~i~t074 Exhibit "B" PROMISSORY NOTE "~' · ,,r*~~''' ~ '~' . ~. .... ~ i:~.~, ,l~!. ~'.'.;, ~ ' ..:~" . ~.~.~:.~= .... ~* : '~ ,..~ ...~.~.~ ~. :. ...... .~.~.. ~. '~;~ . ~.,..~ ~ ...... ~' · Prlnclpld Amount: ~M3,000.00 Date o! Note: October ~CI, lCl9~ PROMISE TO PAY. I IXmldm~ to p~y to FhmJtd~ Tfud Complny ("Lender'}, ar a~Mr, In ~#ful money of tile U~ii~ ~l ~ ~ ~ ~AULT.. I...w~. be In c~KI .~.. If a.ny of the following hiippnns: (ii) I fBI to rtlgke any plymmd wh~l due. (b) I breilk uny pmmrne I hive made Io PROMISSORY NOTE "..:~ P.W 2 (Continued) Exhibit "C" EXHIBIT A si ~.ldm IMVe One WMI HI~ al~et ALL that Cefllin rrm or Ilfll ldlb dm bqmmm81il IbiUml dll~8 in Lower ~ Township, Cumbedand County, Pea~ldl, pr~ by IJru V. Ndd~, Pm, R.S,. dmd NomdJer S, 1987, md mxmiai h tho C)~ce of dm Recorder at'Deeds fl)r Cumbgtnd Caum~ b l~hn Baok SS, hp 9S, u fldlowu: UEG~G m · ~.G:~ h T-4SI M read) st b --d--fine at'., phlm Brswi ro~ tham do~ the I~lwe Fzvd nM the ~dfoMel b mmm "d dhtmx~ l.) dcgrees 0S.,inum 3~ sa:mdsEmt, tdittmmeaf*26.ST~Nt; ')) Hoah4?desrm 12.*.m 14 seconds EBK it dbtnm d'28.73 Get; 3.) dlstnce oF20.16.~?: .4..]_~oflh S~ deem 4O ,~,d.. SO .erode ~ · dlmnce ~ 110.22 phi;, tlmuo doe8 Imb d' b Yq South 38 dwms 07 mlmm 49 tmmb Hm, s dim a~'234.17 ~et to m hut p~ them d~_: b mine, South 63 dfimes 22 ~ 3.~ secoads Wmt, E dMinm oI'609.M h to i ..~,n,~. 4---- doo~ T.4Si (~sv~ mM), No.h 27 deinm 15 minutes 00 wxnds Weet, 8 dimmo or 116.07 tmto IpdM, BEGINNING. CONTAINING 2.~1 m mi be~ dedgamd u Lot No. 5 m tho b ar (ban J~ Young. BETNG the same pcemLeee conveyed b~r R2cl~y L. Young & Thereea H. Young, hi8 vile, and Dennis S. ShouGker & K~Jnberly S. Shoveker, his vile, by deed of even date and inCeuded to ExMb~t "D " Exhibit "E" NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT. (the Act 15 U.S.C. SECTION 1601 AS AMENDED I. This law firm may be deemed a "debt coilector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit may be used for the purpose of collecting the debt. 2. The amount of the debt is stated in paragraph 9 of the Complaint. 3. The Plaimiff as named in the Complaint is the creditor to whom the debt is owed, or is servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the Complaint, evidenced by the copy of the mortgage note attached hereto, will be assumed to be valid by the creditor's law firm unless the debtor, within thirty (30) days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. 5. If the debtor notifies the creditor's law fnm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification of the debt and a copy of the. verification will be mailed to the debtor by the creditor's law firm. 6. If the creditor named as Plaintiff in the Complaint is not the original creditor, and if the debtor makes a written request to the creditor's law'firm within the thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 7. Written requests should'be addressed to Spear & Hoffman, P.A., 1020 North IC[ugs Highway, Suite 210, Chert3, Hill, NI 08034. Spear & Hoffman, P.A. BY: BONNIE DAHL, ESQUIRE Attorney I.D. No. 79294 1020 N. Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560 Attorney for Plaintiff MANUFACTURERS AND TRADERS TRUST COURT OF COMMON PLEAS COMPANY SUCCESSOR BY MERGER WITH CUMBERLAND COUNTY KEYSTONE FINANCIAL BANK, N.A.. SUCCESSOR IN INTEREST TO FINANCIAL NO. 01-3082 TRUST COMPANY PLAINTIFF, JOSEPH S. RUDA AND TERRI L. RUDA DEFENDANT PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure on the above-captioned matter. SPEAR AND HOFFMAN, P.A. SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-03082 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS RUDA JOSEPH S ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDART RUDA JOSEPH S but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , REINSTATED W/NOTICE , NOT FOUND , as to the within named DEFENDANT , RUDA JOSEPH S DEFENDANT NO LONGER RESIDES AT MORTGAGE PROPERTY, 65 DERBYSHIRE ROAD, CARLISLE, IS VACANT, MORTGAGED.PREMISESAREALSOVACANT Sheriff's Costs: So answers: Docketing 6.00 Service 3.25 - Not Found Return 5.00 Surcharge 10.00 Sheriff of Cumberland County .00 24.25 SPEAR & HOFFMAN 07/ 8/2001 Sworn and subscribed to before me this /~ ~ day of C~ J~/ A.D. P~otchonotary SHERIFF'S RETURN - REGULAR CASE NO: 2001-03082 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS RUDA JOSEPH S ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RUDA TERRI L the DEFENDANT , at 0014:41 HOURS, on the 4th day of June , 2001 at 945 DOUBLING GAP ROAD NEWVILLE, PA 17241 by handing to TERRI L. RUDA a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff ' s Costs: So Answers: ..00 Service 8.45 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 36.45 07/18/2001 SPEAR & HOFFMAN Sworn and Subscribed to before By: ~ ~ ~. me this /9 ~' day of Deputy Sheriff ~2~ A.D. IP~o~t h~not ary COPY Spear & Hoff-man, P.A. BY: BONNIE DA/IL, ESQUIRE Attorney I.D. No. 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (8~6) 75~-1 ~60, Attorney for Plaintiff, Loan No.: 9786070 MANUFACTURERS AND TRADERS TRUST COURT OF COMMON PLEAS SUCCESSOR IN INTEREST TO FI]qANCIAL DOCKET NO. ~ [ -~e~ ~ TRUST COMPANY PO BOX 840 BUFFALO, NY 14240-0840 PLAINTIFF, JOSEPH S. RUDA A.ND TERRI L. RUDA 429 PONDEROSA ROAD CARLISLE, PA 17013 DEFENDANTS COMPLAINT - CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE -' "-- NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you mus't take action within twenty (20) days after this complaint and notice are served, by entering a wfiRen appearance personally or by aRomey 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 fights 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 17103 (7 ! 7) 249-3166 AYISO Lc hah dcmandado a usted en la cortc. Si ustcd quiere defonderse de esta~ demandas expuestas en las paginas siguientes, usted fiene veint¢ (20) dias de plazo a partir de la fecha de la demanda y la notifica¢io~. Hace falta a~entar una ¢omparon¢ia eserita o en persona o con ~m abogado y entregar a la ¢o~e en forma escrita sus defensas o sus obje¢iones a las demandadas en con~'a de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continua~ la demanda e~ contra suya sin previo aviso o notifica¢ion. Ademas, la ¢orte puede decidir a favor del demandato y recluiere que usted cumpla con todas las provisiones de asta demanda. Usted puede perder dinero o sus propiedades o otro$ dereches importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIP. NE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCR1TA ABA/O PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 Spear & Hoffman, P.A. BY: BONNIE DAHI., ESQUIRE Attorney I.D. No. 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 9786070 MANUFACTURERS AND TRADERS TRUST COURT OF COMMON PLEAS COMPANY SUCCESSOR BY MERGER WITH CUMBERLAND COUNTY KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FINANCIAL DOCKET NO. TRUST COMPANY PO BOX 84O BUFFALO, NY 14240-0840 PLAINTIFF, VS. JOSEPH S. RUDA AND TERRI L. RUDA 429 PONDEROSA ROAD CARLISLE, PA 17013 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiffis MANUFACTURERS AND TRADERS TRUST COMPANY SUCCESSOR BY MERGER WI'ii-[ KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FINANCIAL TRUST COMPANY, with its principal place of business located at PO BOX 840 BUFFALO, NY 14240-0840. 2. The names and last known addresses of the Defendants are: $OSEPH S. RUDA AND TERRI L. RUDA, PO BOX 866, CARLISLE, PA 17013. 3. The interest of each individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both. 4. On or about OCTOBER 30, 1996, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to FINANCIAL TRUST COMPANY, which Mortgage is recorded as follows: Office of the Recorder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: OCTOBER 30, 1996 DATE RECORDED: OCTOBER 30, 1996 BOOK: 1348 PAGE: 1069 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference. 5. On or about OCTOBER 30, 1996, in consideration of their indebtedness to FINANCIAL TRUST COMPAI~', JOSEPH S. RUDA AND TERRI L. RUDA made, executed and delivered to FINANCIAL TRUST COMPANY their promissory Note in the original principal amount of $43,000.00. A copy of said Note is attached hereto as Exhibit "B" and incorporated herein by reference. The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiffis the legal holder of the Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the Mortgage by virtue of the following assignments: ASSIGNOR: N/A ASSIGNEE: N/A DATE OF ASSIGNMENT: N/A RECORDING DATE: N/A BOOK: N/A PAGE: N/A 7. The Mortgage is secured by property located at 429 PONDEROSA ROAD, CARLISLE, PA 17013, which is more particularly described in the legal description at~ached hereto as Exhibit "C" and incorporated herein by reference. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due JANUARY 30, 2001 and monthly thereafter ai'e due and have not been paid, whereby the whole balance of principal and all interest due thereon have become ir~ediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. 2 9. The following amounts are due on the Mortgage: Principal Balance $36,222.33 10.570% interest from DECEMBER 31, 2000 to APRIL 18, 2001 at $10.49 per day $1,132.92 Accrued Late Cha~ges $46.90 Escrow Advances made by Plaintiff $46.82 Miscellaneous Fees $28.50 Estimated Attoreey's Fees $3.600.00 TOTAL AMOUNT DUE $41.315.20 Interest continues to accrue at the per diem rate of$10.49 for every day afier APRIL 18, 2001 that the debt remains unpaid. 10. Pursuant to the notice provisions of Act 91, 35 P.S. § 1680.403(c), and the notice provisions of Act 6, 41 P.S. §403, as governed by 12 Pa. Code Section 31.201 et seq. as amended by Act 160 of 1998 effective February 19, 1999, Plaintiff sent the combined Notice oflntention to Foreclose Mortgage which is inclusive of the Act 91, Homeowners Emergency Mortgage Assistance Program and Act 6 notice to Defendants, dated MARCH 16, 2001. Copies of the notices to the defendants are attached as Exhibit "D". Defendants have failed to cure the default and Defendants have failed to meet with the plaintiffor any of the consumer credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance f~'om the Pennsylvania Housing Finance Agency. 12. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "E". 3 WHEREFORE, Plaintiff.respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest, attorney's fees, and other expenses, costs and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged premises. SPEAR & HOFFMAN, P.A. · [ B6mrmD~., ~.sQun~ 4 VERIFICATION The tmdersigned hereby states that he/she is au authorized officer, representative or agent for Plaintiff in this action and that he/she is authorized to make this Verification on behalf of Plaintiff, and that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the tmdersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of his/her knowledge, information and belief. THE UNDERSIGNED UNDERSTANDS THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECTTO THE PENALTIES OF 18 PA.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Name: Dennis Gawron Company: Manufacturers & Traders Trust Company Title: Assistant Vice President Acct. #9786070 5 Exhibit "A " FIEcORDATI~N REQOES'I~D flY: omw~s~ ~GEE~ P.Z]ECI. E~ ~de, Pk l~13 ~CORDER 0F DEEDS CU~.~BE~L~I~D COUNTY-PA WHEN RECOR~D MAIL ~: SEND T~ NONCES ~: MORTGAGE ~IS IS A PURCHASE ~NEY ~RTGAGE ' ~nS MO~A~ m ~A~D O~ ~, 1~, ~en ~ph S. Rude ~d Terrl L Ruda, ~e) mn ~e F)nmncmmm Test Compmw, ~ eddre~ mm O~ Welt ~mgh S~ C~am~, PA 1)13 (~md to bem~ am "~nd~"). mn Cu~rm~d Coup. ~mo~h of Penn~vmb (t~ "Red Pmp~"): ~ ~mM A ~nmhmp: ~r Frmn~rd ~p T~ Re~ P~ or t~ m~ mm ~mmon~ k~wn aa 429 ~nd~oea Roed, Cmrm~me, PA 1)13. MORTGAGE P.ge 2 .. (ContinUEd) TAXES ANn LIENS. The fdlowln; provisions r~Ung lo the I~x...nd liens on Ihe Propaty ire I pet of t~is MMIgBGe. ~0(]1~ '~3481'~1.0"~) ; MORTGAGE P.ge 3 · ' (Continued) t~xel./ees, documenlmy $immpl:..nd =4her ohs[gms ~or r ~cllng o~ regbiedn;i this MMIgmge. ROt];( ~.~ ~,; ~. ~'~. MORTGAGE .. · ' (Continued) MORTGAGE Paga 6 ." ' (Continued) ~ld by or ~' Ih~ bene~ of Lsnd.~ in RW capRci~y, witho~ I~ ',,#1~ n ¢onsen~ of Lend;r. BOOK ~.,~"~8 rAG£10'~ MORTGAGE page 6 ... (Continued) CERTIFICATE OF RESIDENCE INDIVIDUAL ACKNOWLEDGMENT ... .............. STATE OF ~ ) ~ r-- ~ Ont~s, the ..~0 .-yor (")CJ~-' . 19~ ,~m~'C ~ ~ '??" '"'-"l~ ,.__....,.,_~.., ...... ..,.~,~_. ~ BOOK~.348,A~:L074 Exhibit "B " ';."; PROMISSORY NOTE ,~;~-[~'~:~'"' 'i.~".~'~'''~,. ,. . , .' .~'"' ' ......... i..: '; "/ ..... ' ......:.!. .... i.~" ,"'. .... Cudlmle, pA 17O13 C~JI~I~,PA l~a Prlncl~l A~unt: ~3,~.00 D~ of No~: O~r ~, 1~ PROMISSORY NOTE ~,~ P~ge 2 (Continued) Exhibit "C" EXHIBIT A Borrower: ,Joseph S.RudB Lender: flnme~'rmat campeny 8l Derbyddm DrWe One West HI~ ilmel AIT- tbit ce/~n t~-'~ or.id w~ d~e bztp~yemm~ tb~lOU Township. Cumbed:~ Co-tz~', Z~m:j4m:b, bouded BAd dmm~d ~:8 to B ~ of the Record~ oL'~s f~' Gnbmbnd Cauz~ I,, ~su BoM: SS, ~e 95, u ~: thelEeslonBtbelxiyaloBmvsl~oldbf~z11~fivocouIMIIIdd~ 1.) Nozth30 degrees US udnutu 36 se~ ~ i dbtlmm at'26.57 ~ 1) North 47 d~fees 12 minum )4 secondsZ:ast, ·dlStmlceof2L73 fl~t; 3.) HoflhOdl~ilm22 I~ Jl___s~,xm__diRut, e distnc.- o[20.16.i~?: 4..L~onh se d~rm 40 ib~m 49 seconds ~ · dlmnce of'110.22 Feeq nd·.) Noff,~ %1 ~m52mlmtm~, mammm,,,~:mef'Z83,14b:ttoubon pin;, thereto dons hndg alp Ohm Ymms, .qouth 38 d~ilm8 07 mJmlMi 4~ imamb we,t,& distmu:e af234.17 bet to mz Jmst p~ dmnmdon~b mm0, Seutb. 63 doBrom 22 minmu 32 seconds Wmt, s d~m or6QO.~4 bt to u qdk~ timm dons T-4.q8 (F~vd rote'), Nm~h 27 desmes 15 ndmSu 00 tecondi We·f, & distrain ~ 116.0T tim to n ~ dm Nsee d' BEGIlqHJ~4G. COZ~AmmG 2.~Sl scm ud beb:8 dsdeumd u z,~ No. ~ ou tho Phn oF abnn I. Youns. BETt~G the san~e pceuiees conveyed, by Rtcky ~,. Young & 1'he~eea ~. Young, hie v~.fe, and Dennis $. Sb. evake~ & ]~/nberly S. Shovalce~, his vi~e, b:y d.eed of even dare and intended re be cecoF,'led eimu'lca~eousiy he~evith in the O~£ice o~: the RecordeF of /)eeds o£ Cumbagland County, Pennsylvania, unto Joseph S.Rvda and Tergt L. Ruda, his vile, the HorCsasors herein. By: c~, ~ ~:~..~,..,.~-,../-; ~00~1348P~1075 Exhibit Exhibit "E" NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT. Cthe Act~ 15 U.S.C. SECTION 1601 AS AMENDI~D 1. This law fim~ may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit ma3' be used for the purpose of collecting the debt. 2. The amount of the debt is stated in paragraph 9 of the Complaint. 3. The Plaintiff as named in the Complaint is the creditor to whom the debt is owed, or is servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the Complaint, evidenced by the copy of the mortgage note attached hereto, will be assumed to be valid by the creditor's law fn'm unless the debtor, within thirty (30) days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. 5. If the debtor notifies the creditor's law fm~ in va-iffug within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law fa'm will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 6. If the creditor named as Plaintiff in the Comphint is not the original creditor, and if the debtor makes a written request to the creditor's law firm within the thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law finn. 7. Written requests should'be addressed to Spear & Hoffman, P.A., 1020 North Kings Highway, Suite 210, Cherry Hill, NJ 08034. SHERIFF'S RETURN - REGULAR CASE NO: 2001-03082 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS RI/DA JOSEPH S ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RD'DA JOSEPH S the DEFENDANT , at 2028:00 HOURS, on the 31st day of July , 2001 at 945 DOUBLING GAP RD NEWVILLE, PA 17241 by handing to TERRI RD-DA, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Service 8.45 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 36.45 08/01/2001 SPEAR & HOFFMAN Sworn and Subscribed to before By: me this L ~' day of Deputy Sheriff ~,j~ ~ / A.D. ~othonotary IN RE: Manufacturers and Traders Trust Company : IN THE COURT OF COMMON Successor by Merger with Keystone Financial : PLEAS OF CUMBERLAND COUNTY Bank, N.A., Successor in Interest to Financial : Trust Company : : Docket No.: 01-3082 Civil Term Vs. : : Joseph S. Rudn and Terri L. Ruda : ANSWER TO A COMPLAINT AND NOW come the Defendants, Joseph S. Ruda and Terri L. Ruda, by their Attorney JAMES M. BACH and files the within Answer to a Complaint to determine dischargeability of a debt: 1. ADMITTED. 2. ADMITTED. 3. 3-12. DENIED. After reasonable investigation, the Defendant is without knowledge and information sufficient to form a belief as to the troth of these averments. WHEREFORE, The Defendant herein, prays that this honorable court dismiss this Complaint. RESPECTFULLY SUBMITTED: DATE: September 4, 2001 J~ES M. BACH, ESQUIRE ~t'orney I.D. No. 18727 352 S. Sporting Hill Road Mechanicsburg, PA 17055 (717) 737-2033 SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 KINGS HIGHWAY, SUITE 210 CHERRY HILL. NJ 08034 (856) 755-1560 ATTORNEYS FOR PLAINTIFF MANUFACTURERS AND TRADERS TRUST COURT OF COMMON PLEAS COMPANY SUCCESSOR BY MERGER WITH CUMBERLAND COUNTY KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FINANCIAL NO. Civil Term 01-3082 TRUST COMPANY PLAINTIFF, VS. JOSEPH S. RUDA AND TERRI L. RUDA DEFENDANT PRAECIPE TO SETTLE. DISCONTINUE AND END WITHOUT PREJUDICE COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly settle, discontinue and end without prejudice the above captioned complaint in mortgage foreclosure. SPEAR AND HOFFMAN, P.A. BONNIE DAHL, ESQUIRE Attorneys for Plaintiff