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Home My WebLink About06-0695 . UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@Udren.com JPMorgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Timothy L. Weicht 30 Colgate Drive Camp Hill, PA 17011 Defendant(s) NO. 01-- le,qS ~;u;C~Se-~ 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 wi thout you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 . AVISO 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 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sUs objeciones alas 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 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty A venue 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 ofthe 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. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 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: Mortgage Electronic Registration Systems, Inc. Assignments of Record to: JPMorgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee Recording Date: LODGED FOR RECORDING 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 (g) The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 30 Colgate Drive MUNICIPALITY/TOWNSHIP/BOROUGH: Lower Allen Township COUNTY: Cumberland DATE EXECUTED: 07/31/03 DATE RECORDED: 08/08/03 BOOK: 1828 PAGE: 3195 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. S. After demand, the Defendant (s) continues to fail or refuses to comply with the terms of the Mortgage 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. 6. The following amounts are due on the said Mortgage as of 1/18/06: Principal of debt due Unpaid Interest at 7.5% from 9/1/05 to 1/18/06 (the per diem interest accruing on this debt is $28.81 and that sum should be added each day after 1/18/06) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $191.13 and that sum should be added on the first of each month after 1/18/06) Late Charges (monthly late charge of $49.33 should be added in accordance with the terms of the note each month after 1/18/06) Attorneys Fees (anticipated and actual to 5% of principal) TOTAL $138,275.78 4,033.40 325.00 280.00 o 197.32 6,913.79 $150,025.29 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. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $150,025.29 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. \f{0 Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 i I " :1 f; 1 I; ': ", "11 ". ir:i! 11,1 :;1: I i i I, I, ':! ! . ',.Ai Y?TIfA T ~~TAlN lot or ~~9flandr~1h i1p~v~~~ ~miClCCted, sItUate fu ' the Tl'ymship ofLpwelo Allen, ~Unty of (;'mqI1CrIand and S~~ ofliennSylvania, more pattiquarlrbo1Jl1ded BlI!i described as foUOWl, tOlN!t: "~' ..'. . ': "I ';" , " I, , ,~!.:,' '" ,,: l ~ ':;:: " ' BEgINNING, l!1a point OIl,~ ~ side of a 50 ~ wige road known as Colgate Drive, whlehpolnt~ureda1otlitb~:/IottlWn8ick of Colgate ~ve Is 390.21 feet West ,of the northwest~ of Colgate Drive mdCllIi~ Drive, IUld at the so*'r~ comer of Lot No. 51 011 p~ o~r~ No. 21 t:~ Cliff'l'fanor, ~~ in the Oflic~ ~~~e Reccn:dcr ofDeeds in and forcttinb!)f,.' ......~.d. c..o~..'~.P.,~Ylvalil"..'.'II;:lnflanSd.,~lc.,' 7,Page. ..14.;,tljil~. ,W, este..rIYalOllllthc, ", llO~ S!~ q~C?I&i$ Drive, 1\ distariC~~f7P ~ to ~ No.4~~' ~ Plan; thence nortb.~ta1oDg~,~tem 1in~.ofLot No;,,~ .on tho afotea~d p~, a distance of 125 filet to the s6~1lno of~~o.33; th~easterly a1~tha southtm!me of Lots Nos. 33 and 32; ~ datance of70 fe8t,to Lot No. 51 011 said ~: tb8Jloe somh~y alonS the western line of sJid ,. Lot No, Sland Bfris1/.t angles toqoipte Priy!!. a cIistl=o of 125 ~ to a pain! on Colgate Drive, tbUilace ofBEQINNING.', : . ". .' ,I, :: (I'~:I.-" j!, I h',: J"'~'~:'i:;' J,,":,'i';'~; . aEING Lot No. 50 all the PlmofCed!ll ClltfManorrecordedin Pllo:Book 7. Page 14. ,:I::';"",:! I: :,:, '" ',' " :":~:::!' " '!J.:" ; ,'f"":', ,.'.,I)!v!, I,j",,,,,,, "I' ,', ,:~ q~,~I"" i i I;r I HJ}YIl>fP~D ~ ~ singl~~I~ ~ouse ~~~Nll',30 Colgate Driye; '; Ii' Homec~ings Financial A GMAC company December OS, 2005 Certified. Mail, Return Receipt Requested 04363n203 Timothy L Weicht 30 Colgate Dr Camp HilL PA 170]] Re: Property Address. 30 Colgate Dr Camp Hill, PA 17011 Loan Number" 0436378293 A default exists under the ahove referenced MortgagelDeed of Trust loan agreement. The action required to Gure the default is the payrnenl of all ~ums due under lhe Morlgage/Deed of Trust loan agreemenL As of the date of this letter the total amollnt due is $ 3.564.62 That sum includes the follmving" 3 paymenls lotaling: $ 3,515.29 Late charges: $ 98,66 Other fees and/or costs N/^ Unapplied Funds: $ 49,33 The total amount due sho'WTI above is subject to further increases for additional monthly payments, late charges, attorney fees, and/or other fees and cost which may become due, after the date of th1S letter To obtam an update of the total amount due to cure this default, contact us at 1.800.206.2901 TO CURE THIS DEFAULT, SEND YOUR CASHIER'S CHECK, MONEY ORDER, OR CERTIFIED CHECK IN THE AMOUNT OF $ 3.564.62 BY Jan.ar' 04. 2006 TO THE FOLLOWING ADDRESS: Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062-8426 OR OVERNIGHT TO: 1820 East Sky Harbor Circle South, Suite 100 Phoenix, A'L 85034-9700 If the default is not cured within thirty (30) days of the mailing of this letter, the lender, ,vithout further notice or demand, will accelerate the maturity date of the Note and declare all ~ums secured by the Mortgage/Deed of Trust to be immediately due and payable, The lender then intends to have the property sold at a public foreclosure sale. After acceleratlOn, a curing of the default and reinstatement of the loan will he permitted up to the time of the sale by paying the past due monthly payments and other sums then due under the MortgagelDecd of Trust loan agreement and by complying with aU terms of reinstatement. You huvc the right to bring a court action to assert the nonexistence of a default or any other defense that may exist to prevent accelemtion and sale of the property THIS NOT]CE ]S SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY ]NFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE Sincerely. Loan Counseling: Department IllolI *Homcowncrship counseling is available to YOll through tIle 'Credit Counseling Resource Center' (CeRe), an alliance of Clonsnmcr credit cOlln~eliT1g agencies. The CeRe: hll~ been retained hy Homecomings Financial to provide advice to you on credit i.sme>, including how to reduce debt and improvt: ellS]! now management capabilities. You may contact them at 1.877.806.0775 for assistance at no cost to you, Of you may wish to contact II HUD-approved housing counseling agency by c.9.l1ing 1.800.569.4287 for further information Homecomings Financial 2711 North Haskell Avenue Suite 900Dallas, Texas 75204 800.206.2901 Homecomings.com iFXHiRIT I ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS NOnCE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY IN!'ORMA nON OBTAINED FROM YOU WILL BE USED fOR THAT PURPOSE This is an oHicinl notice thn! the mortgage on your home is in default and the lender intends to foreclose., Snecific information ,9bout the Jlature "rIlle default is nrovided in the attached naJ2.es. The HOMEO\\'NER'S MORTGAGE ASSISTANCE PROGRA!v[ (l-IEMAP) may be able to help to save your home This Notice explains how the program wOrks. To see ifHEMAP call helD vou must MEET WlTH A CONSUMER CREDIT COUNSELING AGENCY VvlTHIN 30 DA YS OF TH DATE OF THIS NOTICE. Take this notice with you when vou meet with the Counselinll. Aaency. The name, address and phone number of Consumer Credit Counseling Agencies servin!! your County are listed at the end of t11lS Notice. If YOU bave any ClueslIons vou may caJl the Pennsvlvania Housing Finance A12eIlCV toll free ."It J -800-342-2397. (Persons with impaired heariml: can call (717) 78U-1869). This Notice contains lJnportnnt legal Information Counseling Agem:y may be llbJe 10 help expJ.am iL association may be able 10 help you find a la\vyer If you have any questions. representatives at the Consumer Credit You may UhlO wanl to conlad an attorney in your area rhe Incal bar LA NOTIl'ICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECIIO A CONTINUAR VIVlENDO EN SU CASA. SI NO COMPRENDE EL CON1ENIDO DE EST A NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVAN1A HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRJBA. PUEDES SER ELEGlBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDlMIR SU HIP01ECA. Dnle December 05, 2005 TO Timothy L Weicht J() Colgate Dr Camp Ilill, I'A 17()11 PremIses J() Colgate Dr CampHill,PA 17011 Re Loan Number: 04J6J7R293 FROM: Homecomings Financial HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELlGIDLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELPYOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVlSIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSITANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSIST ANCE IF YOUR DEF AUL T lIAS BEEN CAUSED BY CIRCUMST ANCES BEYOND YOUR CONTROL, IF YOU HA VE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUJREMENTS ESTABLISHED BY THE PENNSYL V ANJA HOUSING FINANCE AGENCY, TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporal}' stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time, you must arrange and attend a "face-to-face" meeting ",rith one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS, IF YOU DO NOT APPI,Y FOR EMERGENCY MORTGAC,E ASSISTANCE, YOU MUST BRING YOUR MORTGAGE liP TO DA TF. nm PART OF THIS NOnCE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet wlth one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of thIS meeting. The names, addresses and telephone numbers of designated consumer credit counselini:! agencies for the county in~yhich the proper!Ij:?J9Ql.lt~cl are set fQI111 atJhe__~nci.Clfthis Notice It is only neceSSaI)' to schedule one faec~to-face meeting. Advise your lender immediatelv ofyoUf intentions APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage lS 111 default for the reasons set I()rth later in this Notice (see following pages for specific information about the nature of your default.) Tfyou have tried and are unable to resolve thlS problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed a1 Lhe end of Lhis Notice Only consumer credit counseling agencies have applications for the program and they ,~'ill assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked v.rithin thirty (30) days afyour face-ta-faee meeting. LENDER CONTACT IN REGARDS TO PENNSYLVANIA HOUSING FINANCIAL ASSISTANCE HomeComings Financial Attn: Ryan Ramos 9350 Waxie Way Sle 100 San Dlego, CA. 92 I 23 Fax 858-514-5516 ALL CORRESPONDENCE REGARDING PHFA ASSISTANCE SHOULD BE FORWARDED TO THE ABOVE REFERENCED ADDRESS. YOU MUST FILE YOUR APPLICA TION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED AGENCY ACTION -- Available nmd~ for emergency mortgage assistance are very limited. They will he disbursed hy the Ag:em:y under the eligibility criteria \::stablished by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above You \\/111 be notltlcd directly by the Pennsylvania Housing Finance Agency of Its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT THE DEBT (If you have filed banl{ruptc)' you can still apply for Emergency Mortgage Assistance,) HOW TO CURE YOUR MORTGAGE DEFAULT IBrinl! it un to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 30 Colgale Dr, Camp Hill, PA 170 II IS SERIOUSLY IN DEFAULT becaose. YOU HAVE NOT Ml\DE MONTHLY MORTGi\GE Pi\ YMENTS for tile following months and the following amounts arc now past due: Monthly payments from 10/01105 to 12/01105 totaling: Late Charges. Other fees and/or costs (including NSF charges and properly inspections): LESS UnapplIed Funds: TOTi\L $ 3,515,29 $ 98.66 N/A $ 49,33 $ 3,564.62 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date 01' thIS Notice BY PAYING THE TOTAL AMOUNT DUE TO THE LENDER, WHICH IS $ 3,564.62, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES W]-]]CH BECOME DUE DURING Hili T]-]]RTY (30) DA Y PERIOD. Payments must be made either hY' cash, cashier's check certified check or monev order made llavahle and sent to: Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062-8426 OR OVERNIGHT TO: 1820 East Sky Harbor Circle South, Suite 100 Phoenix, AZ 85034-9700. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ri!!ht to accelerate the mort2:aec debt. This means thai the entire outstanding balance of thiS debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments If full payment of the total amount past due is not made within THTRTY (30) DA YS, the lender also intends to insu'uct its attorney to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begms legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incuned, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attomey's fees actually incun-ed by the lender, even if they exceed $50.00. Any attorney's fees will be aJdtxl to the amount you owe the lender, which may also induue other reasonable costs, If ,"'ou cure the default within the THIRTY (30) DAY neriod. vou will not he required to nay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid prinCIpal halance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the defmlt within the THIRTY (30) DA Y pericxi and foreclosure proceedings have begun, vou still have the right to cure the default and \.1I"e\l(:ot the sale at any time UP to one hour before the Sheriffs Sale. You may do so bv pavml! the total amount then oast due. Dlus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected \vith the Shenffs Sale as snecified in writing bv the lender and bv performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSffiLE SHERIFF'S SALE DATE - It is estImated that the earliest date that such a ShenlIs Sale of the mortgaged property' could be held would he approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait You may find out at any time exactly what the required pa~'mLl1l or acLlon will be by contacling the lender HOW TO COl'<'TACT THE LENDER: Homecomings Financial nil N. Haskell, Suite 900 Dallas, TX 75204 Attn: Loan COLLf1seling Depm.trnent Phone: 1.800,206,2901 EFFECT OF THE SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your oVvTIership of the mortgaged propeny and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove vou and your furnishings and other belongmgs could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may be able to sell or transfer your home to a buyer or transferee \vho \vil] assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satistied YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT 01{ TO 80l{ROW MONEY FROM ANOTHEI{ LEN])]NG INSTITUTION TO I'A Y OFF TI-US DEBT TO HA VE Tl-IlS DEFAUL T CURED BY ANY Tl-IlRD PARTY ACTING ON YOUR BEHALF TO IIA VE TIIE MORTGAGE RESTORED TO TIIE SAME POSITION AS If NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HA \IE TIllS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) TO ASSERT THE NONEXISTENCE OF ^ DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OIlIER LAWSUIT INSTITUTED UNDER THE MORTGM;E DOCUMENTS TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE I ,ENDER TO SEEK PROTECTION UNDER THE fEDERAL IlANKRUPTCY LAW, Sinccrc1v. Loan Counseling Department Enc1osure(sJ List of Cnunse1ill? Ag:encies V E R I F I CAT ION 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. \rN Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. AJ \i- ........ ~ 0{) ...c:: ~ IJ ~ 1- ~ ~ (} )J s~ -f.... C) " .,.< ~, "::~ ,_.;) ,:::r__ C) ~n ~ ~=1 U) I CO ~,-"" (5 r r"l :=D 8 ,) ~,~:~ :n -< SHERIFF'S RETURN - REGULAR CASE NO: 2006-00695 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JPMORGAN CHASE BANK ET AL VS WEICHT TIMOTHY L WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WEICHT TIMOTHY L the DEFENDANT , at 2008:00 HOURS, on the 22nd day of February 2006 at 30 COLGATE DRIVE CAMP HILL, PA 17011 by handing to PAM WEICHT, 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: Docketing Service Affidavit Surcharge So Answers: 18.00 12.32 .00 10.00 .00 40.32 ,r~~~~ R. Thomas Kline 02/23/2006 UDREN LAW OFFICE Sworn and Subscribed to before By: LAt'7' V @~ P Deputy Sheriff me this / <Li- day of 7h UdOO(. JA.D. lj,~~ c' Proth ary 7 JPMORGAN CHASE BANK AS TRUSTEE F/K/A THE CHASE MANHATTAN BANK AS TRUSTEE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, NO. 06-695 CIVIL TERM TIMOTHY L. WEICHT, DEFENDANT NOTICE TO PLEAD TO: JPMorgan Chase Bank c/o Mark 1. Udren, Esquire Udren Law Offices, p,c. W oodcrest Corporate Center III Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, \-'0 ~ 'l...Ott~ Date Q7YQ ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attorney for Defendant - JPMORGAN CHASE BANK AS TRUSTEE F/K/A THE CHASE MANHATTAN BANK AS TRUSTEE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-695 CIVIL TERM TIMOTHY 1. WEICHT, DEFENDANT ANSWER TO COMPLAINT AND NEW MATTER AND NOW, comes Defendant, Timothy 1. Weicht, by his attorney, Robert p, Kline, Esquire, and answers the Complaint in Mortgage Foreclosure as follows: I. Defendant is without specific knowledge as to the truth of the factual allegations contained in this paragraph and, therefore, the allegation is denied and proof is requested. 2. Admitted, 3. Admitted. 4. Admitted in part, denied in part. Admitted to the extent that Defendant admits that he is behind in his payments and, therefore, in default. Any allegation as to the specific charges authorized by the mortgage are beyond the scope of Defendant's knowledge and, are consequently denied and proof is demanded. 5. Admitted in part, denied in part. Admitted that Defendant failed to pay all currently due installments. It is specifically denied that the other charges requested by Plaintiff as set forth in 5(b) have been demanded of Defendant and the allegation of that paragraph is specifically denied. 6. The figures as calculated by Plaintiff are beyond the current knowledge of Defendant and, therefore, the allegations are denied and proof is demanded. 7. The allegation of this paragraph is a legal conclusion to which no responsive pleading is required; to the extent a response is required, the allegation is denied and proof is demanded. 8. Admitted in part, denied in part. Admitted that the combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice ofIntention to Foreclose Under Act 60f 1974 have been received by Defendant. It is specifically denied that Defendant has failed to proceed with the time limits or has been determined ineligible. On the contrary, Defendant was specifically advised by Plaintiff, or Plaintiffs representative, not to proceed with pursuing such programs as Plaintiff intended to assist Defendant in resolving these issues, Defendant's failure to pursue these programs is the direct result of Plaintiffs intervention. Therefore, in the opinion of Defc:ndant, Plaintiff, by its own action, has caused failure of compliance with Act 91 and Act 6. WHEREFORE, by virtue of the failure of Plaintiff to comply with Act 91 and Act 6, or, in the alternative, by Plaintiffs direct attempt to discourage Defendant from pursuing relief pursuant to said Acts, Defendant respectfully requests judgment in his favor and against Plaintiff and dismissal of this action in mortgage foreclosure. NEW MATTER 9. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice ofIntention to Foreclose Under Act 60f 1974 have been received by Defendant. Defendant was specifically advised by Plaintiff, or Plaintiffs representative, not to proceed with pursuing the programs available to Defendant pursuant to Act 91 of 1983 and Act 6 of 1974 as Plaintiff, or Plaintiffs representative, promised to assist Defendant in resolving Defendant's delinquency. Defendant's failure to pursue these programs on his own is the direct result of Plaintiffs intervention. Plaintiff, therefore, by its own action, has caused failure of compliance with Act 91 and Act 6. WHEREFORE, by virtue of the failure of Plaintiff to comply with Act 91 and Act 6, or, in the alternative, by Plaintiffs direct attempt to discourage Defendant from pursuing relief pursuant to said Acts, Defendant respectfully requests judgment in his favor and against Plaintiff and dismissal of this action in mortgage foreclosure. Respectfully submitted, \, 'b ~~ 'Z..ro~ DATE S4-~-"Q - ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Defendant - VERIFICATION I verifY that the statements made in the foregoing Answer to Complaint and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, 8/9/06 Date ~~ ~ fj{l-/IJ TIMOTHY L ~ICHT CERTIFICATE OF SERVICE I hereby certifY that I served a true and correct copy of the foregoing Answer to Complaint and New Matter upon Plaintiff by depositing same in the United States Mail, first class, postage pre-paid on the 13th day of March, 2006, from New Cumberland, Pennsylvania, addressed as follows: Mark J. Udren, Esquire Udren Law Offices, P.C. Woodcrest Corporate Center III Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 Attorney for Plaintiff Q'Y~ ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attorney for Defendant UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 JPMorgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-695 Civil Term v. Timothy L. Weicht 30 Colgate Drive Camp Hill, PA 17011 Defendant(s) PRAECIPE TO MARK SETTLED, DISCONTINUED AND ENDED TO THE PROTHONOTARY: Please mark the above captioned matter SETTLED, DISCONTINUED and ENDED, upon payment of your costs only. \rv~ Mark J.~dren, Esquire UDREN LAW OFFICES, P.C. Attorney for Plaintiff Dated: Aoril 24. 2006 g .,... ".. 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