HomeMy WebLinkAbout05-5000IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A., successor
by merger with BANK ONE, N.A., Assignee
of CALIFORNIA LENDING GROUP, INC.,
d/b/a UNITED LENDING GROUP,
Plaintiff,
NO. ()S S'bvo
V.
JOSEPH S. RUDA and
TERRI L. RUDA,
Defendants.
TO: DEFENDANT:
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF OR A DEFAULT JUDGMENT
MAY BE ENTERED AGAINST YOU.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: ATTORNEYS F R PLX NTI
I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS:
111 East Wisconsin Ave
Milwaukee, WI 53202
AND THE DEFENDANT ARE:
65 Derbyshire Drive
Carlisle, PA 17013
WELTMAN, WEINBERG & REIS Cq., L.P.A.
:r /
BY:
ATTORNEYS FOR PLAINTIFF
I HEREBY CERTIFY THAT THE LOCATION OF THE REAL
ESTATE AFFECTED BY THIS LIEN IS:
65 Derbyshire Drive
Carlisle, PA 17013
Twp of Middleton
WELTMAN, WEINBERG & REIS,?O., L.P.A.
v>
BY:
ATTORNEYS FOR PLAINTIFF
ISSUE NO.:
CODE:
TYPE OF PLEADING:
COMPLAINT IN MORTGAGE
FORECLOSURE
FILED ON BEHALF OF:
PLAINTIFF
COUNSEL OF RECORD FOR THIS
PARTY:
Kimberly J. Hong, ESQUIRE
Pa. I.D. #74950
WELTMAN, WEINBERG & REIS CO., L.P.A.
Firm #339
2718 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
(412) 434-7955
WWR#03721017
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
successor by merger with BANK ONE,
N.A., Assignee of CALIFORNIA
LENDING GROUP, INC., d/b/a UNITED
LENDING GROUP,
Plaintiff,
V.
JOSEPH S. RUDA and
TERRI L. RUDA,
Defendants.
NO:
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
800-990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
successor by merger with BANK ONE,
N.A., Assignee of CALIFORNIA
LENDING GROUP, INC., d/b/a UNITED
LENDING GROUP,
Plaintiff,
V. NO: 6,S- ,5 -&t-U
JOSEPH S. RUDA and
TERRI L. RUDA,
Defendants.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now, comes Plaintiff, JPMorgan Chase Bank, N.A., successor by merger with Bank
One, N.A., assignee of California Lending Group, Inc., d/b/a United Lending Group, by and
through its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and files this Complaint in
Mortgage Foreclosure, averring in support thereof the following:
1. The Plaintiff is JPMorgan Chase Bank, N.A., successor by merger with Bank One,
N.A., assignee of California Lending Group, Inc., d/b/a United Lending Group, a lending institution
duly authorized to conduct business within the Commonwealth of Pennsylvania (hereinafter
"Plaintiff")
2. The Defendants are Joseph S. Ruda and Terri L. Ruda, adult individuals whose
last known address is 65 Derbyshire Drive, Carlisle, PA 17013.
3. On or about March 11, 1998, the Defendants borrowed the sum of $90,000.00
from Plaintiff pursuant to the terms of a written agreement, and as security for repayment thereof,
Defendants made, executed and delivered to Plaintiff, a Mortgage in the original principal
amount of $90,000.00 on the premises hereinafter described, said Mortgage being recorded in
the Office of the Recorder of Deeds of Cumberland County on April 15, 1998 in Mortgage Book
Volume 1445, Page 947. A true and correct copy of said Mortgage containing a description of
the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part
hereof.
4. California Lending Group, Inc., d/b/a United Lending Group, assigned all of its
right, title and interest in and to the Mortgage to Plaintiff, pursuant to an Assignment of Mortgage,
which was recorded on December 14, 1999, in Mortgage Book Volume 633, Page 452.
5. The Defendants are the current record and real owners of the aforesaid mortgaged
premises.
6. The Defendants are in default under the terms of the aforesaid written agreement
and Mortgage.
7. Demand for payment has been made upon the Defendants by Plaintiff, but
Defendants were unable to pay the principal balance, interest or any other portion thereof to
Plaintiff.
8. On or about August 15, 2005, Defendants were mailed Notice of Homeowner's
Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance
Act, Act 91 of 1983 and pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et
seq.
9. The amount due and owing Plaintiff by Defendant is as follows:
Principal $87,239.70
Interest thru 8/11/05 $ 5,930.12
Late Charge thru 8/11/05 $ 1,830.00
Advances thru 8/11/05 $ 4,001.34
Execution Costs thru 8/11/05 $ 0.00
Attorneys' Fees thru 8/11/05 $ 1,000.00
Title Search $ 325.00
TOTAL $100,326.16
10. Contemporaneously hereunder, Defendants have been advised of their right to
dispute the validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices
Act 30 Day Notice, attached hereto marked Exhibit "B" and made a part hereof.
WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure for the amount due of
$100,326.16, with interest thereon at the rate of $31.05 per diem from August 11, 2005, plus
costs, in addition to late charges and for foreclosure and sale of mortgaged premises.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL
BE USED FOR THAT PURPOSE.
WELTMAN, WEINBERG & REIS CO., L.P.A.
-7
Kimberly J. Hong, Esquire
Pa. I.D. #74950
Attorneys for Plaintiff
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
1
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CALIFORNIA LENDING GROUP, INC., dba UNITED
LENDING GROUP
3351 MICHELSON, SUITE 100
IRVINE, CA 92612
Parcel Number: 40.9-533-30
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NOTICE: THIS LOAN CONTAINS LOAN NO.: 9800000577
PROVISIONS THAT ALLOW FOR A 1VIpRTGAGE
BALLOON PAYMENT AT MATURITY.
THIS MORTGAGE is made this 11th day of MARCH, 199B between the Mortgagor,
JOSEPH S. RUDA AND TERRI L. RUDA
CALIFORNIA LENDING GROUP, INC., dba UNITED LENDING GROUP (herein "Borrower"), and the Mortgagee,
a corporation organized and
existing under the laws of CALIFORNIA whose address is
,3351 MICHELSON, SUITE 100, IRVINE, CA 92612
(herein "Lender").
WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $ 90,000.00 , which
indebtedness is evidenced by Borrower's note dated MARCH 11, 1998 and extensions and renewals
thereof (herein "Note'), providing for monthly installments of principal.and interest, with the balance of the indebtedness, if not
sooner paid, due and payable on APRIL 01, 2013 :
TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon: the payment of all
other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the
performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey
to Lender the following described property located in the County of CUMBERLAND
State of Pennsylvania:
SEE COMPLETE LEGAL DESCRIPTION DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF.
which has the address of 65 DERBYSHIRE DRIVE
[Street]
Pennsylvania 17013 (herein 'Property Address");
(ZIP Code]
PENNSYLVANIA • SECOND MORTGAGE - 1180 - FNMAIFNLMC UNIFORM INSTRUMENT
•76(PAI 19am Form 3839 Q
LENDER SUPPORT SYSTEMS INC. FNMA3839.2ND 191971 INdeU•Af `
Page 1 of 5 ?l
[City]
CARLISLE
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TOGETHER with all the improvements now or hereafter erected on the property, and all easentMts, rights, apputtenanotss
and rents, all of which shall be deemed to be and remain a part of the property coveted by this Mortgage: and all of the
foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as
the "Property."
Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and
convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of
record.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest, Borrower shall promptly pay when due the principal and interest indebtedness
evidenced by the Note and late charges as provided in the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to
Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a stun
(herein 'Funds') equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit
development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus
one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage
insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and
reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that
Borrower makes such payments to the holder of a'prior mortgage or deed of trust if such holder is an institutional lender,
If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured
or guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to
pay said taxes, assessments. insurance premiums and ground rents. Lender may not charge for so holding and applying the
Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on
the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of
execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or
applicable law requires such interest to be paid, Lander shall not be requited to pay Borrower any interest or earnings on the
Funds. Lender shall give to Borrower, without charge, an annual accounting of-the Funds showing credits and debits to the
Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums
secured by this Mortgage.
If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due
dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes,
assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option; either promptly
repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall
not be sufficient to pay taxes, assessments, insurance premiums and ground teats as they fall due, Borrower shall pay to Lender
any amount necessary to make up the deficiency in one or more payments as Lender may require.
Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by
Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply,
no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of
application as'a credit against the sums secured by this Mortgage.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note
and paragraphs l and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under
paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note,
4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under
any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's
covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines
and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground
rents. if any.
5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured
against loss by fire, hazards included within the term "extended coverage,' and such other hazards as Lender may require and in
such amounts and for such periods as Gender may require.
The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that
such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall. be in a form acceptable to
Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right
to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a
lien which has priority over this Mortgage.
3
76(PA) 7aen7 Pace xofs ` ,7? 1n7a.u:
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In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss
if not made promptly by Borrower.
If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is
trailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to
collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured
by this Mortgage.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower
shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and
shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium
or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating
or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit
development, and constituent documents.
7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this
Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender.
at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums. including reasonable attorneys'
fees. and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of
making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until
such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or
applicable law.
Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become
additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment,
such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this
paragraph 7 shall require Lender to incur any expense or take any action hereunder.
8. Inspection. Lender may snake or cause to be made reasonable entries upon and inspections of the Property, provided
that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's
interest in the Property.
9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned
and shall be paid to Lender, subject to the terms of any mortgage, dad of trust or other security agreement with a lien which
has priority over this Mortgage.
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification
of amortization of the stems secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not
operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Leader shall not
be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify
amortization of the sum secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's
successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by
applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.
11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein
contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Leader and Borrower,
subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any
Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant
and convey that Borrower's interest in the Property to leader under the tams of this Mortgage, (b) is not personally liable on
the Note or under this Mortgage, and (c) agrees that Leader and any other Borrower hereunder may agree to extend, modify,
forbear, or make any other accommodations with regard to the terms of this:Mortgage or the Note without that Borrower's
consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property.
12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower
provided for in this Mortgage shall be given by delivering it or by mailing such, notice by certified [nail addressed to Borrower
at the Property Address or at such other address as Borrower may designate by notice to Leader as provided herein, and (b) any
notice to Lender shall be given by terrified mail to Lender's address stated herein or to such other address as Lender may
designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been
given to Borrower or leader when given in the manner designated herein.
13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the
jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this
Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict
9
76(PA) tsei n ft" 3w s W
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shall not iffect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to
thi• end the provisions of this Mortgage and the Note are declared to be severable. As used herein, 'costs,' "expenses' and
"attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein.
14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of
execution or after recordation hereof.
15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation,
improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require
Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses
which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the
Property.
16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it
is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without
Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sutras secured by this
Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this
Mortgage.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not
less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this
Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted
by this Mortgage without further notice or demand on Borrower.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17.Accelemtion; Remedies. Upon Borrower's breech of any covenant or agreement of Borrower in this Mortgage,
including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give
notice to Borrower as provided by applicable law specifying, among other things: (1) the breach; (2) the action required
to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such
breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in
acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The
notice shall further inform Borrower of the tight to reinstate after acceleration and the right to assert in the foreclosure
proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is
not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by
this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial
proceeding. Lender shalt be entitled to collect In such proceeding all expenses of foreclosure, including, but not limited to,
reasonable attorneys' reel, and costs of documentary evidence, abstracts and title reports.
18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sutras secured by this Mortgage due to
Borrower's breach, Borrower shall have the right to have any proceedings begun by Leader to enforce this Mortgage
discontinued at any time prior to at least one hour before the commencement of bidding at a sheriffs sale or other sale pursuant
to this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no
acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this
Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of
Borrower contained in this Mortgage and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not
limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the
lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage
shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall
remain in full force and effect as if no acceleration had occurred.
19. Assignment of Rents; Appointment of Receiver, Lender in Possession. As additional security hereunder, Borrower
hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17
hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable.
Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially
appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the
Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of
management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bond
and reasonable attorneys' fees, and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account
only for those rents actually received.
20. Release. Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage without charge to
Borrower. Borrower shall pay all costs of recordation, if any.
21.Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note
or in an action of mortgage foreclosure shall be the rate stated in the Note.
-76(PA) resin
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REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST
Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has
priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default
under the superior encumbrance and of any sale or other foreclosure action.
IN WITNESS WHEREOF, wer has executed this Mortgage.
Witnesses:
1
JOSE, RUD (Seal) R o?G G\ (Spy)
-Borrower TER I L. RUDA -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Sign Original Only)
Certificate of Residence
QO do hereby certify that the correct address of
the within-named Gender is 33S / ?f17r C'L,(C ` 04 lOO? Z'?f//G?C? Ci9 - QZ(? /Z
Witness my hand this day of /N/¢j aL l ?d
A [ of Leoder
COMMONWEALTH OF PENNSYLVANIA, of Le de:
On this, the 11 day of ,W4.9Ch( lP?b before me, the undersigned officer,
personally appeared JOSEPH S. RUDA AND TERRI L. RUDA
known to me (or satisfactorily proven) to be the
person whose name subscribed to the within instrument and acknowledged that
executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
Notarial Seat
EMY Rickay C. Shoop. Norary Public of 0 1 r
Harnsburg, Dauphin County
Commission Expires may 29, 2001 //0,
76(PA) 19611) P." 5 m 5 Form 3839
e5/2e/2ee4 15:58 856-678-9459
60 Year Search
Page 6 of 6
DESCRIPTION
ALL THAT CERTAIN lot or parcel of land. situate in South Middleton Township, Cumberland County,
Pennsvlvania, more particularly bounded and described as follows:
BEGINNING at an iron pin on the westerly right-of-way line of Derbyshire Drive, a 50.00 foot wide
right-of-way, which said point is more particularly located at the intersection of the westerly right-of-way
line of Derbyshire Drive and the dividing line between Lots Nos. 66 and 67 on the Plan. of Lots known as
"Final Plan for Mayapple Village, Derbyshire lots 40-73"; thence from said point of beginning in a
southeasterly direction along the westerly right-of-way line of Derbyshire Drive, along a. curve to the left
having a radius of 325.00 feet, an arc distance of 66.11 feet to an iron pin on the westerly right-of-way
line of Derbyshire Drive; thence from said point continuing along the westerly right-of-way line of
Derbyshire Drive, South 33 degrees 41 minutes 24 seconds East, a distance of 29.06 feet to an iron pin on
the dividing line between Lots No. 65 and 66 on the aforesaid Plan of Lots; thence from said point along
the dividing line between Lots No. 65 and 66, south 56 degrees 1.8 minutes 36 seconds West, a distance of
125.00 feet to an iron pin on the easterly property line of other lands of Mayapple Village; thence from
said point along the easterly property line of other lands of Mayapple Village, north 32 degrees 00
minutes 46 seconds West a distance of 115.61 feet to a concrete monument on the dividing line between
Lots Nos. 66 and 67 on the aforesaid Plan of Lots; thence from said point along the dividing line between
Lots Nos. 66 and 67, north 65 degrees 32 minutes 12 seconds east, a distance of 130.00 feet to an iron
pin, the place of beginning.
UNDER AND SUBJECT to building setbacks as set forth on the above mentioned plan, being a 30 feet
front setback line, a 40 feet rear setback line, and 10 feet side setback line.
ALSO UNDER AND SUBJECT to the restrictions as more particularly set forth in the Declaration of
Covenants and Restrictions dated June 16, 1989, made by 539 Development Company, and recorded in
the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on June 16, 1989, in Misc.
Book 365, Page 566, and to all other restrictions, reservations, setback lines and right-of-way of record.
BEING Lot No. 66 on the Plan of Lots known as "Final Plan for Mayapple Village, Derbyshire lots 40-
73," prepared by Statler-Brehm, Engineering and Planning Consultants, dated January 26, 1989, and
recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. in Plan Book 58.
Page 68.
Being Parcel No. 40-09-0533-030
FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE
By law, this law firm is required to advise you that unless within 30 days after
receipt of this notice you dispute the validity of this debt or any portion thereof, the debt
will be assumed to be valid by us. If said notification is sent to us in writing, we are
required to provide you with verification of the debt. In the event within a 30-day period
you request in writing the name of the original creditor, it will be provided to you if
different from the current creditor. In the event that you dispute the debt and/or request
the name of the original creditor in writing within the 30-day period, no further action will
be taken to obtain Judgment in the pending lawsuit until the verification and/or name of
the original creditor has been provided to you.
This law firm is attempting to collect this debt for our client and any information
obtained will be used for that purpose.
The above Notice is being given pursuant to the Fair Debt Collection Practices
Act and is separate and distinct from the foregoing Complaint which must be responded
to in conformity with the instructions therein. Because of the difference in time
parameters, we will not move for Default Judgment for at least thirty (30) days from the
date of service of this Complaint upon you, and if you request verification, we will not
move for Default judgment until a reasonable time after verification has been provided,
and after the expiration of the thirty (30) day period from the date of service.
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities, she is an attorney for the Plaintiff herein; makes this Verification
based upon the facts as supplied to her by the Plaintiff and/or its agents and because the Plaintiff is
outside the jurisdiction of the court and the Plaintiffs Verification cannot be obtained within the time
allowed for filing of this pleading, and that the facts set forth in the foregoing pleading are true and
correct to the best of her knowledge, information and belief.
?Y3
Kimberly J. Hong, Esquire
lU ? (j2 ?? Q
r"V
-
7-7 cc
-V
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2005-05000 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JPMORGAN CHASE BANK NA
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
RUDA JOSEPH S but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
the within named DEFENDANT , RUDA JOSEPH S
65 DERBYSHIRE DRIVE
NOT FOUND , as to
CARLISLE, PA 17013
ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, NO
SERVICE PRIOR TO EXPIRATION.
Sheriff's Costs:
Docketing 18.00
Service 24.00
Not Found 5.00
Surcharge 10.00
.00
57.00
So answers i
c _
R. Thomas Kline
Sheriff of Cumberland County
WELTMAN WEINBERG REIS
10/24/2005
Sworn and subscribed to before me
this ?- day of '1&-l.elu
J.vuS A. D.
P hono
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2005-05000 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JPMORGAN CHASE BANK NA
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
RUDA TERRI L but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
the within named DEFENDANT
5 DERBYSHIRE DRIVE
NOT FOUND , as to
RUDA TERRI L
CARLISLE, PA 17013
ALTHOUGH NUMEROUS ATTEMPTS WERE MADE,
NO SERVICE PRIOR TO EXP
Sheriff's Costs: So answers.-
Docketing 6.00
Service .00 -
Not Found 5.00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
21.00 WELTMAN WEINBERG REIS
10/24/2005
Sworn and subscribed to before me
this 4? day of
005 A.D.
Pro onotar
Curtis R. Long
Prothonotary
office of the i9rotbonotarp
Cumberranb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
nS- .500n CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
RCP230.2
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573