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HomeMy WebLinkAbout06-4615PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 136444 JPMORGAN CHASE BANK, N.A., SB/M TO BANK ONE, N.A. 3415 VISION DRIVE COLUMBUS, OH 43219 V. JOSEPH S. RUDA TERRI L. RUDA A/K/A TERRI L. KNAUB A/K/A TERRI LYNN RUDA ALMEDA M. RUDA 65 DERBYSHIRE DRIVE CARLISLE, PA 17013 Plaintiff Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ??]] NO. COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and ajudgment 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 136444 0 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File q: 136444 1. Plaintiff is JPMORGAN CHASE BANK, N.A., SB/M TO BANK ONE, N.A. 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: JOSEPH S. RUDA TERRI L. RUDA A/K/A TERRI L. KNAUB A/K/A TERRI LYNN RUDA ALMEDA M. RUDA 65 DERBYSHIRE DRIVE CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 03/11/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CALIFORNIA LENDING GROUP, INC., DB/A, UNITEDLENDING GROUP which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No: 1445, Page: 947. By Assignment of Mortgage recorded 12/14/1999 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 633, Page 452. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2006 and each month thereafter are due and unpaid, and by the terns of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File ft. 136444 6. The following amounts are due on the mortgage: Principal Balance $86,819.98 Interest 4,974.90 03/01/2006 through 08/08/2006 (Per Diem $30.90) Attorney's Fees 1,250.00 Cumulative Late Charges 1,786.88 03/11/1998 to 08/08/2006 Cost of Suit and Title Search 550.00 Subtotal $ 95,381.76 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $ 95,381.76 7. The attorney's fees 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 95,381.76, together with interest from 08/08/2006 at the rate of $30.90 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELA ALLINAN & SCHMIEG, L By: /s/Francis S, allinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FU C 136444 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, 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 are distance of 66.11 feet to an iron pin on the westerly ri ght-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 Nos. 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 18 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 the same premises which 539 Development Corporation, by Deed dated October 17, 1989 and recorded in the Office of the Recorder in and for Cumberland County in Deed Book'F', Volume 34, Page 709, granted and conveyed unto Craig E. Dallmeyer. Power of Attorney from Craig E. Dallmeyer to William A. Duncan dated October 1, 1993 and recorded in Misc. Book 455 Page 657. PROPERTY BEING: 65 DERBYSHIRE DRIVE File N'. 136444 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 1 01 ??o /art n nk Z .4% t/t .ter c L co -a a C.i -G LO SHERIFF'S RETURN - NOT FOUND 1 11 CASE NO: 2006-04615 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORGAN JP CHASE BANK N A 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 , NOT FOUND , as to the within named DEFENDANT 945 DOUBLING GAP ROAD NEWVILLE, PA 17241 RUDA JOSEPH S DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: So answers- Docketing 6.00 -% Service 11.44 Not Found 5.00 Thomas line Surcharge 10.00 Sheriff of Cumberland County 32.44,,""- PHELAN HALLINAN SCHMIEG C y r 1,6 08/29/2006 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04615 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORGAN JP CHASE BANK N A VS RUDA JOSEPH S ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named RUDA TERRI L AKA TERRI LYNN unable to locate Her in his COMPLAINT - MORT FORE , -,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT RUDA AKA TERRI L KNAUB but was bailiwick. He therefore returns the the within named DEFENDANT RUDA AKA TERRI L KNAUB NOT FOUND , as to RUDA TERRI L AKA TERRI LYNN 945 DOUBLING GAP ROAD NEWVILLE, PA 17241 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: So answer .. `, Docketing 6.00 Service .00 r Not Found 5.00 R. Thomas line Surcharge 10.00 Sheriff of Cumberland County .00 21.00+/ PHELAN HALLINAN SCHMIEG ?j g J-1,- /1)6 08/29/2006 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04615 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORGAN JP CHASE BANK N A 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 ALMEDA M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , RUDA ALMEDA M 945 DOUBLING GAP ROAD NOT FOUND , as to NEWVILLE, PA 17241 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. SHE LIVES AT 100 PEARL DRIVE CARLISLE. Sheriff's Costs: So answers_? "? -- : T... Docketing 6.00 -- Service 00 y ` ? Not Found 5.00 . Thomas K1'-ne Surcharge 10.00 Sheriff of Cumberland County .00 21.00,---' PHELAN HALLINAN SCHMIEG ?0 08/29/2006 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-04615 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORGAN JP CHASE BANK N A VS RUDA JOSEPH S ET AL JODY SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE RUDA ALMEDA M DEFENDANT the , at 0911:00 HOURS, on the 29th day of August , 2006 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to ALMEDA RUDA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00,-- 08/29/2006 y?.?GL PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day Deputy Sheriff was served upon of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-04615 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORGAN JP CHASE BANK N A VS RUDA JOSEPH S ET AL JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RUDA TERRI L AKA TERRI LYNN RUDA AKA TERRI L KNAUB the DEFENDANT , at 0911:00 HOURS, on the 29th day of August 2006 at 65 DERBYSHIRE DRIVE CARLISLE, PA 17013 by handing to TERRI RUDA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00? 08/29/2006 CJ/26 /0? / PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-04615 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORGAN JP CHASE BANK N A VS RUDA JOSEPH S ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RUDA JOSEPH S the DEFENDANT at 1205:00 HOURS, on the 28th day of August , 2006 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 JOSEPH RUDA by handing to 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: So Answers: Docketing 18.00 Service 4.40 Affidavit .00 f Surcharge 10.00 R. Thomas Kline .00 32.40/ ' 08/29/2006 L 06 PHELAN HALLINAN MIEG Sworn and Subscibed to l By: ' 4,? before me this day Deputy Sheriff of A. D. W PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 136444 JPMORGAN CHASE BANK, N.A., SB/M TO BANK ONE, N.A. 3415 VISION DRIVE COLUMBUS, OH 43219 V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. (N.. -- d4GIS CUMBERLAND COUNTY JOSEPH S. RUDA TERRI L. RUDA A/K/A TERRI L. KNAUB A/K/A TERRI LYNN RUDA ALMEDA M. RUDA 65 DERBYSHIRE DRIVE CARLISLE, PA 17013 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or 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. Plaintiff Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 TRUE COPY FROM RECORD In Testimony whereof: I Corp jinto gd my hand -i nd the of said Arlft, P8. TIM m File #: 136444 Prothonotary correct copy to be 9, . _ ??y(+ ln?lfltCpe Of IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 136444 V 1. Plaintiff is JPMORGAN CHASE BANK, N.A., SB/M TO BANK ONE, N.A. 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: JOSEPH S. RUDA TERRI L. RUDA AIKIA TERRI L. KNAUB A/K/A TERRI LYNN RUDA ALMEDA M. RUDA 65 DERBYSHIRE DRIVE CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/11/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CALIFORNIA LENDING GROUP, INC., DB/A, UNITEDLENDING GROUP which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No: 1445, Page: 947. By Assignment of Mortgage recorded 12/14/1999 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 633, Page 452. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 136444 6. The following amounts are due on the mortgage: Principal Balance $86,819.98 Interest 4,974.90 03/01/2006 through 08/08/2006 (Per Diem $30.90) Attorney's Fees 1,250.00 Cumulative Late Charges 1,786.88 03/11/1998 to 08/08/2006 Cost of Suit and Title Search 550.00 Subtotal $ 95,381.76 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 95,381.76 7. The attorney's fees 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 95,381.76, together with interest from 08/08/2006 at the rate of $30.90 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELA LLINAN^& SSCHMIEG, L By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 136444 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, 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 Nos. 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 18 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 the same premises which 539 Development Corporation, by Deed dated October 17, 1989 and recorded in the Office of the Recorder in and for Cumberland County in Deed Book 'F', Volume 34, Page 709, granted and conveyed unto Craig E. Dallmeyer. Power of Attorney from Craig E. Dallmeyer to William A. Duncan dated October 1, 1993 and recorded in Misc. Book 455 Page 657. PROPERTY BEING: 65 DERBYSHIRE DRIVE File #: 136444 • FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff 0 DATE: C4 6?, ? Z d 0 1 opq Aft PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 JP Morgan Chase Bank, N.A., successor by Merger to Bank One, N.A. Plaintiff VS. Joseph S. Ruda Terri L. Ruda, a/k/a Terri L. Knaub, a/k/a Terri Lynn Ruda Almeda M. Ruda Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 06-4615 C.T. Please mark the above referenced case Discontinued and Ended without prejudice. X Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: 3 Francis S. Halli an, Esquire Attorney for Plaintiff PHS# 136444 cz C= cno Z- c -;?