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Home My WebLink About02-1124MARK 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. C/O Wendover Financial Services P.O. Box 26953 Greensboro, NC 27419 Plaintiff v. John S. Allen, Administrator of the Estate of John H. Allen, deceased 5264 Terrace Road Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : : : .- COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un ~hogado y entre~ar a la corte en fo~ma 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 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 mailed 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: NA Assignments of Record to: ~A Recording Date: ~A Book: NA Page: NA 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 %mless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. Mortgagor, D. Jean Allen, deceased is hereby released from liability for the debt secured by the Mortgage. 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 information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 5264 Terrace Road MUNICIPALITY/TOWNSHiP/BOROUGH: Township of Hampden COUNTY: Cumberland DATE EXECUTED: 10/05/00 DATE RECORDED: 10/16/00 BOOK: 1645 PAGE: 312 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) 03/05/02: by failing or refusing to pay other charges, if any, indicated below. The following amounts are due on the said Mortgage as of Principal of debt due and unpaid Interest at 3.48%* from 08/27/01 to 03/05/02 (the per diem interest accruing on this debt is $6.91 and that sum should be added each day after 03/05/02) Title Report Court Costs (anticipated, excluding Sheriff,s Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $0.00 aha that sum should be added on the first of each month after 03/05/02) Late Char~es (monthly Iate charge of $0.00 should be added on the f~fteenth of each month after 03/05/02) MIP Service Fees Forced placed ins Property Inspections BPO $58,609.63 4,270.97 250.00 280.00 0.00 0.00 Attorneys Fees (anticipated and actual to 5% of principal) TOTAL 2~R3XL~48 $67,973.07 * This interest rate is subject to adjustment es more fully set forth in the Note end Mortgage. 437.74 570.00 426.00 48.25 150.00 7. The attorney,s fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff,s Sale. If the mortgage is reinstated prior to the sale, reasonable attorney,s fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. Notice of Intention to Foreclose under Act 6 of 1974 of the Commonwealth of Pennsylvania is not required as the original principal amount exceeds the sum of $50,000.00. 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 $67,973.07 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark J. Ud n, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CERTAIN LOT OR TRACT OF LAND SITUATE IN $'~ TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, MORE PARTI~u~.~LY BODI~D~D AND DESCRIBED AS FOLLOWS, TO WITz BEGINNIN~ AT A POINT ON '~'~ WNSTERLY SIDE OF TERRACE ROAD AT '~'~ DMDIN~ LINE BETWEEN LOTS NOS.100 A~D 101 ON THE ~INAFTER ~e~'TIO~,, PLAN OF LOTS~ -j-N-,~CE AT RIGHT AN~LES TO TERRACE ROAD ALON~ '~'~ SAID DIVIDIN~ LINE IN A ~ST~Y DI~ION A DIST~ OF 150 FEET TO A POI~ ~ iN A ~T~Y DI~ION P~LEL ~ TE~CE RO~ A DIST~CE OF 1~0 FE~ TO A POI~ T~ IN ~ ~STE~Y DI~ION ~H LOT NO. 99 ON ~'~ ~IN~ER ~IO~ P~ OF L~S A DIST~CE OF 150 FEET ~RE OR LESS, TO ~ ~STE~Y SIDE OF T~ RO~ T~CE ~0~ T~ ~ST~LY SIDE OF T~CE RO~, IN A SOuw~Y DIRE~ION A DIST~ OF 150 FE~ TO ~'~ D~IDI~ LI~ BE~ LOTS ~S~ 100 ~ 101 ON ~ ~REIN~R ~IO~ P~ OF L~S AT w~ POI~ OR P~ OF BEGI~I~. BEIN~ ALL OF LOT. NO. 100 AND THE SOUTHERLY ONE-HALF OF LOT NO. 99 ON '~'~ PLAN OF C, OOD HOPE TERItACE AS RECORDED IN THE uu~BERLAND COURTY RECOI~DER! S OFFICE IN PLAN BOOK 7, PA~E 6. UNDER AND SUBJECT TO A(~REEMENTS AND RESTRICTIONS OF RECORD. Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff,s agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Mark J. Udren,~SQUiRE MARK J. UDREN &ASSOCIATES WELLS FARGO HOME MORTGAGE, INC. C/O WENDOVER FINANCIAL SERVICES PLAINTIFF Vs. JOHNS. ALLEN, ADINISTRATOR OFTHEESTATE OFJOHN H. ALLEN DECEASED DEFENDANT : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-1124 ANSWER TO COMPLAINT IN MORTAGE FORECLOSURE AND NOW, comes the Defendant(s) John S. Allen, by his attorney JAMES M. BACH, and files the within Answer to Complaint in Mortgage Foreclosure: 1. ADMITTED. 2.-8. DENIED. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraphs 2. through 8. of the Complaint, and the said averments are therefore denied. Defendant demands proof thereof at the trial of this case. WHEREFORE, the Defendant herein respectfully prays that this Court Deny the Complaint in Mortgage Foreclosure. DATE: Respectfully Submitted, /~ttol'ney at Law 357JSouth Sporting Hill Road Mechanicshnrg, PA 17050 ID #18727 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. ' COURT OF COMMON PLEAS C/O Wendover Financial Services i CIVIL DIVISION P.O. Box 26953 . Cumberland County Greensboro, NC 27419 Plaintiff : . NO. 02-1124 V. John S. Allen, Administrator of : the Estate of John H. Allen, : deceased 5264 Terrace Road : Mechanicsburg, PA 17055 Defendant(s) : ATTORNEY FOR PLAINTIFF pRAECIP~E_TO ~al~K SETTLED, DISCONTIN~R~ AND ENDED TO THE PROTHONOTARY: Please mark the above captioned matter SETTLED, DISCONTINUED and ENDED, upon payment of your costs only. Mark J. Udren, Esquire Mark J. Udren & Associates Attorney for Plaintiff Dated: