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HomeMy WebLinkAbout02-0639MARK 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 Home Mortgage,Inc. f/k/a Norwest Mortgage, Inc. One Home Campus Des Moines, IA 50328-0001 Plaintiff v. Michael T. Carano 305 Greason Road Carlisle, PA 17013 : Defendant(s) : ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS CIVIL DIVISION -Cumberland County : NO. - &37 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 FORTE BELOW TO FIND OUT WHERE 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 han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas si~uientes, 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 ~hogado 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 puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiereque 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 UNABOOADO IMMEDIATAMENTE, SI NO TIENE ABOOADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PA~AR TAL SERVICIO, VAYA KN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PA~A AVERI~UAR DONDE SE PUEDE CONSE~UIR ASISTENCIA LEGAL. Lawyer Referr&l Service 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 marled 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 1. Plaintiff is the Corporation deSignated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: First Keystone Mortgage, Inc. Assignee: The Prudential Home Mortgage Company, Inc. Recording Date: 12/30/94 Book: 488 Page: 915 Assignee: The Prudential Home Mortgage Company, Inc. Assignments of Record to: Norwest Mortgage, Inc. A California Corporation Recording Date:9/23/96 Book: 530 Page: 804 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 The infozmation regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 305 Greason Road MUNICIPALITY/TOWNSHIP/BOROUGH:Township of West Pennsboro COUNTY: Cumberland DATE EXECUTED: 12/22/94 DATE RECORDED: 12/30/94 BOOK: 1247 PAGE: 98 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. 2/4/02 The following amounts are due on the said Mortgage as of Principal of debt due and unpaid Interest at 9.5% from 7/01/01 to 2/04/02 (the per diem interest accruing on this debt is $9.21 and that sum should be added each day after 02/04/02) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $78.62 and that sum should be added on the first of each month after 02/04/02) Late Charges (monthly late charge of $16.38 should be added on the fifteenth of each month after 02/04/02) NSF charge Other fees $34,884.28 2,197.02 250.00 280.00 406.44 80.10 20.00 75.00 Attorneys Fees (anticipated and actual to 5% of principal) ~ TOTAL $39,937.05 7. The attorney's fee set forth above are in confozmity 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 willbe 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 not been sent because the Mortgage is insured by the Federal Housing Administration ("FHA") and the notice is therefore not required. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $39,937.05 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark ~~.ldren, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CERTAIN LOT OR PIECE OF GROUND WITH THE BUiLDINgS AND IMPROVEMENTS THEREON ERECTED. SITUATE IN '~'~ VILLAGE OF GREASON, TOWNSHIP OF WEST PENNSEORO, COURTY OF CUMBERLAI~D A~D STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WITs BEGINNING AT A POINT ON THE EAST SIDE OF MAIN STREET AT THE SOUTHWEST COI~N~R OF LANDS OF UNITED BHETHERN C~u*~CH, AND RU~NING THENCE EASTWARDLY ALON~ THE LINE OF SAID C~uRCH PROPERTY A DISTANCE OF TWO HD-RDRED FEET TO AN ALLEY TWENTY FEET WIDE~ THENCE SOuT~WARDLY ALONG THE WEST SIDE OF SAID ALLEY PARALLEL WITH MAIN STREET A DISTANCE OF FORTY FEET TO LANDS FORMERLY OF J.- W. ORR, LATER OF SMAUNL GREASON AND NOW OF THE GRANTOR NEREIN~ THENCE WESTWARDLY BY SAID LAST MENTIONED LANDS TWO HUNDRED FEET TO MAIN STREET~ AND THENCE NORTHWARDLY ALONG THE EAST SIDE OF SAID MAIN STREET A DISTANCE OF FORTY FEET TO THE PLACE OF .BEGINNING. IT BEING IMPROVED · WITH A BRICK-DW~LLIN~ HOUSE AND OTHER O~TBUILDINGS. SUBJECT TO ALL COVENANTS, I~ESTRICTIONS, RESERVATIONS, EASEMENTS, CONDITIONs AND RIGHTS APPEARING OF RECORD~ AND SUBJECT TO ANY STATE OF FACTS AN ACCURATE SURVEY WOULD SHOW. 001015/685/ P.O. Box 1225 Charlotte, NC 28201-1225 October 8, 2001 Michael T. Carano 305 Greason Road Carlisle PA 17013 RE: Wells Fargo Home Mortgage, Inc. Loan Number 2450500 Mortgagor(s): Michael T. Camno Mortgaged Premises: 305 Greason Road Carlisle, PA 17013 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Borrowers: The mortgage held or serviced by Wells Fargo Home Mortgage, Inc. (hereinafter we. us or ours) on your property located at 305 Greason Road Carlisle, PA 17013 IS IN SERIOUS DEFAULYbecause you've notmaffethe monthly payments since August 1, 2001 through today. Late charges and other charges have also accrued to this date. The total amount now required to cure the defautt, or in other words, bring your loan current, is calculated below. 3 Payments @ 414.06 Totaling $ 1,242.18 Total Accrued Unpaid Late Charges $ 30.96 (Monthly Late Charge $ 16.56) Suspense Balance - $ 0.00 Miscellaneous Fees $ 30.00 Total Delinquency as of October 8, 2001 $ 1,303.14 Payments due within the next 30 days Totaling $ 414.06 Total due to cure default and bring loan current as of November 7, 2001 $1,717.20 lOU may cure this default within thirty (30) Days of the date of this letter, by paying to us the above amount ,717.20 plus any additignal monthly payments and late charges which may fill due during this period. Such payment must b d Ih by ~h, .hi '~ h ck, or money order to Wells Fargo II M gag ,I ., Home Campus, MAC#X2501-01H, Des Moines, IA 50328, telephone # 1-800-766-0987. If you do not cure the default within THIRTY (30) Days of the date of this letter, we intend to exercise our 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 the default is not made within THIRTY (30} DAYS, we also intend to instruct our attorney(s} to start a lawsuit to foreclose your mortgaged prol~erty. If the mortgage is foreclosed,your mortgaged property will be sold by a Sheriff(s) or other similar official(s) sale to payoff the mortgage debt. if you cure the default before we begin legal proceedings against you, you will still hav~to..pa_y the reasonable attorney(s} fees actually incurred;up to $50.00. D-lffll~lt' OOlO15/6e5 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 their reasonable costs. If you cure the default within the THIRTY (30} DAY period you will not be required to pay attorney(s} fees. We 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 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(s} foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any 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 heldwould be approximately six months from today. A notice of the date of the Sheriff(s} or similar official(s) sale will be sent to you before the sale. Of coursc, thc amount nccdcd to curc thc default will incrcasc thc longcr you wait. You may find out at any time exactly what the required payment will be, by calling us at the following number: 1-800-7~;~;-0987. The paMment must be made'by cash, cashier's check, certified check or money order made payable to us at the address stated above. You should realize that a Sheriff(s) or other similar official(s) sale will end your ownership of the mortgaged property and your right to remain in it. If yofl continue to live in the property after the Sheriff(s) or other similar official(s) sale, a lawsuit could be started to evict you. You shall have the right to assert in the foreclosure proceedings, the nonexistence of a default or any other defense that you may have to acceleration or forclosure. You have the additional right to help protect your interest in the property. YOU'VE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDER TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER TI IE PROPERTY SUBJECT TO TI IE MORTGAGE TO A BUYER OR TRANSFF_REE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES AND ATI~ORNEY(S) FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT 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 this default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to thlk right to cure your default more than three times in any calendar year. The Fair Debt Collection Practice Act requires us to notify you that in the event your loan is in default, Wells Fargo Home Mortgage will attempt to collect the debt and any information obtained will be used for that purpose. Sincerely, Wells Fargo Home Mortgage, Inc. 001016/685/ Wells Fargo Home Mortgage, Inc. P.O. Box 1225 Charlotte, NC 28201-1225 October 8, 2001 7100 4047 5100 0128 8323 Michael T. Carano 305 Greason Road Carlisle PA 17013 RE: Wells Fargo Home Mortgage, Inc. Loan Number 2450500 Mortgagor(s): Michael T. Carano Mortgaged Premises: 305 Greason Road Carlisle, PA 17013 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Borrowe~: The mortgage held or serviced by Wells Fargo Home Mortgage, Inc. (hereinafter we, us or ours) ~n your property located at 305 Greason Road Carlisle, PA 17013 IS IN SERIOUS DEFAULT because you ve not made the monthly payments since August 1, 2001 through today. Late charges and other charges have also accrued to this date. The total amount now required to cure the default, or in other words, bring your loan current, is calculated below. 3 Payments O~ 414.06 Totaling $ 1,242.18 Total Accrued Unpaid Late Charges $ 30.96 (Monthly Late Charge $ 16.56} Suspense Balance - $ 0.00 Miscellaneous Fees $ 30.00 Total Delinquency as of October 8, 2001 $ 1,303.14 Payments due within the next 30 days Totaling $ 414.06 Total due to cure default and bring loan current as of November 7, 2001 $1,717.20 ~rlOU may cure this default within thirty 130) Days of the date of this letter, by paying to us the above amount of ,717.20 plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, or money order to Wells Fargo Home Mortgage, Inc., 1 Home Campus, MAC#X2501-01 H, Des Moines, IA 50328, telephone # 1-800-766-0987. ~ If you do not cure the default within THIRTY (30) Days of the date of this letter, we intend to exercise our 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 the default is not made within TIIIRTY (30) DAYS, we also intend to instruct our attorney(s) to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed,your mottgagcd property will bc sold by a Sheriff(s) or other similar official(s-) salc to payoff thc 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 incurreff, up to $50.00. 001016/685 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 al.so include their reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not t~e required to pay attorney(s) fees. We 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 THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the rig~. t to cure the default and prevent the sale at any time up to one hour before the Sheriff(s) or other similar official(s) foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any other charges then due, as well as the reasonable attorney(s) fees ahd costs cunnected 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 o[fiCial(s) sale Could be held'would be approximately six months from today. A notice of the date of the Sheriff(s) or similar officialls) sale will be sent to you before the sale. Of coursc, thc amount nccdcd to cure thc default will incrcasc the longcr you wait. You may find out at any time exactly what the required payment w!ll be, by calling us at the folIowing number: 1-800-766-0987. The payment must be made 'by cash, cashier s check, certified check or money order made payable to us at the address stated above. , You should realize that a Sheriff(s} or other similar official{s) sale will end your ownership of the mortgaged prop. erty and your right to remain in it. If you continue to live in the property after the Sheriff(s} or other similar official(s} sale, a lawsuit could be started to evict you. You shall have the right to assert in the foreclosure proceedings, the nonexistence of a default or any other defense that you may have to acceleration or forclosure. You have the additional right to help protect your interest in the property. YOU'VE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDER TO PAY OFF THIS DEBT. YOU MAY HAVE TIIE RIGHT TO SELL OR TRANSFER TI IE PROPERTY SUBJECT TO TI IE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY(S) FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT 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 this default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to ~hi~s right to cure your default more than three times in any calendar year. The Fair Debt Collection Practice Act requires us to notify you that in the event your loan is in default, Wells Fargo Home Mortgage will attempt to collect the debt and any information obtained will be used for that purpose. Sincerely, Wells Fargo Home Mortgage, Inc. Request System Page 1 of 1 [] [] Current Loan Number (F-.%FHA): 2450500 Borrower: CARANO, T MICHAEL Servicer: Wells Fargo Home Mtg, Inc. 685 (NOR) Address: 305 GREASON ROAD Attorney File #-' 0230093 CARLISLE, PA 17013 LenStar #: NOR172214A Investor #: 0002450500 MIKE BANSKI (UDREN) Vendor Requests... ~ View: iDeta,!le~ ~ [] Requested' [] Due Date [] Completed [] Topic [] Requested By 1/8/2002 [] 1/14/2002 [] act letter & proof of mailing MIKE BANSKI please forward a copy of the act le~er sent to the borrower with proof of mailing. Servicer Requests... ~ Due [] Requested By [] Requested ~Date [] Completed []Topic Currently there are no servicer requests. https://www.lenstarweb.comJlogin/lenstar/RequestSys/Requests.asp 01/08/2002 VERIFICATION 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, infor~tion and belief and the source of his infozmation 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.~U ren, ESQUIRE MARK J. UDREN &ASSOCIATES SHERIFF' S RETURN - REGULAR CASE NO: 2002-00639 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS CARANO MICHAEL T KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CARANO MICHAEL T the DEFENDANT , at 2038:00 HOURS, on the 20th day of February , 2002 at 305 GREASON ROAD CARLISLE, PA 17013 by handing to MATTHEW ANDERSON, STEPSON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.14 Affidavit .00 Surcharge 10.00 .00 32.14 Sworn and Subscribed to before me this ~7~ day of 4 ~ P'rogh(~not ar~ So Answers: R. Thomas Kline 02/21/2002 MARK UDREN By: F~%RK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY i.D. NO. 04302 1040 N. KIN~S HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc. Plaintiff Michael T. Carano Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS i CIVIL DIVISION -Cumberland County ]NO. 02-639 Civil Term PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: March 26, 2002 MARK J. UDREN & ASSOCIATES /' Mark J. Ud~en, E.squire Attorney f~Plalntiff VE R I F I CAT I O~ The undersigned, an officer of Plaintiff in the foregoing Complaint or an officer Corporation which is the servicing agent of Plaintiff, authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the mortgage held the Corporation which is the of the and being by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Company: WELLS FARGO HOME MORT N~RK J. UDREN & ASSOCIATES BY'= Mark J. Udren, Esquire ATTY I.D. NO. 0%302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc. One Home Campus Des Moines, IA 50328-0001 Plaintiff Michael T. Carano 305 Greason Road Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS i CIVIL DIVISION -Cumberland County : MORTGAGE FORECLOSURE 'NO. 02-639 Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGER TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) 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 Interest Per Complaint From 2/5/02 to 3/26/02 Late charges per Complaint From 2/5/02 to 3/26/02 Escrow payment per Complaint From 2/5/02 to 3/26/02 $39,937.05 460.50 32.76 TOTAL 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 ~h is attached hereto. \ .~ar[ J. Udren,~ ESQUIRE "~._~ttorney for P~a~ntiff PRO PROTHY ~ MARK J. UDREN & ASSOCIATES BY: Mark J. Udr~n, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc. Plaintiff Michael T. Carano Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 02-639 Civil Te~m DATED: TO: March 15, 2002 Michael T. Carano 305 Greason Road Carlisle, PA 17013 IMPORTANT NOTICN 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 NOTIFICATION IMPORTANT~ 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 TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBAALGUNA, DICTA/{ SENTENCIAEN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTA/~TES. DEBE LLEVAR ESTA NOTIFICACION AUNABOC4%DO IMMEDIATAMENTE SI USTED NO TIENEABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITAABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DHEM~u TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc. One Home Campus Des Moines, IA 50328-0001 Plaintiff Michael T. Carano 305 Greason Road Carlisle, PA 17013 Defendant (s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 02-639 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE STATE OFNORTH CAROLINA COUNTY OF MECKLENBURG SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and 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 Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment: Defendant: Age: Residence: Employment: Michael T. Carano Over 18 As captioned above Unknown As captioned Unknown Title: ASST. SECRETARF Sworn to and subscribed befo~re me this 4th day Company: WELLS FARGO HOME MORTGAGE, 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 Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc. One Home Campus Des Moines, IA 50328-0001 Plaintiff Vo Michael T. Carano 305 Greason Road Carlisle, PA 17013 Defendant ( s ) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION -Cumberland County : MORTGAGE FORECLOSURE :NO. 02-639 Civil Term PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due Interest From March 27; 2002 to Date of Sale September 4~ 2002 Per diem @$9.21 (Costs to be added) ~-/~ Udr~, ESQUIRE 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 Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc. One Home Campus Des Moines, IA 50328-0001 Plaintiff v. Michael T. Carano 305 Greason Road Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 02-639 Civil Term CERTIFICATE Mark J. Udren, Esquire, hereby states that he is 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: This Sec. 4904 (x) ( ) ( ) ( ) ( ) An FHA insured mortgage Non-owner occupied Vacant Act 91 procedures have been fulfilled. Over 24 months delinquent. certification is made subject to the penalties of 18 Pa. C.S. relating to unsworn falsification to authorities. ~. ~EN & ASSOCIATES ~ /Mar~ J. Udr~, ESQUIRE ~,_~ATTORNEY FOR PLAINTIFF 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 Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc. One Home Campus Des Moines, IA 50328-0001 Plaintiff Vo Michael T. Carano 305 Greason Road Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS i CIVIL DIVISION :Cumberland County : - MORTGAGE FORECLOSURE .- ' NO. 02-639 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Home Mortgage, Inc.,f/k/a Norwest Mortgage, Inc., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 305 Greason Road, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Michael T. Carano 305 Greason Road, Carlisle, PA 2. Name and address of Defendant(s) in the judgment: Name Address 17013 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 None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. Members 1st Federal C.U. See Caption above. 5000 Louise Drive, Mechanicsburg, PA 17055 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 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St., Carlisle, PA 17013 Commonwealth of PA, Bureau of Compliance, Dept. 280946 Department of Revenue Harrisburg, PA 17128-0946 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 305 Greason Road, Carlisle, PA 17013 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: March 26, 2002 ~~~ ASSOCIATES ~~ J %~~dren, kSQ. ttorney for Plaintiff 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 Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc. One Home Campus Des Moines, IA 50328-0001 Plaintiff v. Michael T. Carano 305 Greason Road Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS i CIVIL DIVISION :Cumberland County .- : : : ' NO. : : MORTGAGE FORECLOSURE 02-639 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael T. Carano 305 Greason Road Carlisle, PA 17013 Your house (real estate) at 305 Greason Road, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on September 4, 2002, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlise, PA , to enforce the court judgment of $40,508.93, 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 in~nediata action= 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: ~- 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. 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 Sheriff's Sale is not stopped, your property will be sold to the · highest bidder. You may find out the price bid by calling 856-482-6900. 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 856-482-6900. 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 AFFORDONE, ~OTO OR TELHPHON~ THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAH GET LEGAL HELP. LAWYER RHFHRR~.~ SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 ALL THAT CERTAIN LOT OR PIECE OF GROUND WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED. SITUATE IN THE VILLAGE OF GREASON, TOWNSHIP OF WEST PENNSBORO, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WiT= BEGINNING AT A POINT ON THE EAST SIDE OF MAIN STREET AT THE SOUTHWEST CORNER OF LANDS OF UNITED BRETHENN C~u~CH, AND RUNNING THENCE EASTWARDLY ALONG THE LINE OF SAID CHURCH PROPERTY A DISTANCE OF TWO HUNDRED FEET TO AN ALLEY TWENTY FEET WIDE; THENCE SOUTHWARDLY ALONG THE WEST SIDE OF SAID ALLEY PARALLEL WITH MAIN STREET A DISTANCE OF FORTY. FEET TO LANDS FORMERLY OF J. W. ORR, LATER OF SMAUEL GREASON AND NOW OF THE GRANTOR HEREIN; THENCE WESTWARDLY BY SAID LAST MENTIONED LANDS TWO R~IRDRED FEET TO MAIN STREET; AND TF~ENCE NORTHWARDLY ALONG THE EAST SIDE OF SAID MAIN STREET A DISTANCE OF FORTY FEET TO THE PLACE OF BEGINNING. IT BEING IMPROVED WITH A BRICK-DWELLING HOUSE AND OTHER OUTBUILDINGS. SUBJECT TO ALL COVENANTS, RESTRICTIONS, RESERVATIONS, EASEMENTS, CONDITIONS AND RIGHTS A~PEARING OF RECORD; AND SUBJECT TO ANY STATE OF FACTS AN ACcuRATE SURVEY WOULD SHOW. BEING KNOWN AS 305 GREASON ROAD, CARLISLE, PA 17013 PROPERTY TAX PARCEL NO. 46-20-1778-023 TITLE TO SAID PREMISES IS VESTED IN MICHAEL T. CARANO, BY DEED FROM HENRY G. CISNEROS, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, DATED 12/22/94, RECORDED 12/30/94, IN DEED BOOK 116, PAGE 1060. Wells Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc. VS Michael T. Carano In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-639 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions fi.om Attorney Mark J. Udren. Sheriff's Costs: Docketing 30.00 Surcharge 20.00 Law Library .50 Prothonotary 1.00 Mileage 4.14 Levy 15.00 Poundage 1.41 $ 72.05 paid by attorney 07/03/02 Sworn and subscribed to before me So Answers: This jOt~ dayof/(~, ~~ h~'ff' f~ R. Thomas Kline, 2002, A.D. ~ ~ '~,_;g,%~fl_~' / ~ BY~~.I~ Prothonotary Real Est~tte Deputy Real Estate Sale itl 1 On May 9, 2002 the sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as 305 G-reason Road, Carlisle, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 9, 2002 By: Real Estate Deputy