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Home My WebLink About02-3765MARK J. UDREN & ASSOCIATES BY= Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Home Mortgage,Inc. f/k/a Norwest Mortgage, Inc. One Home Campus Des Moines, IA 50328-0001 Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS :CIVIL DIVISION Cumberland County Jeffrey A. Niblett Julie A. Niblett Kenneth W. Niblett 508 Herman Avenue Lemoyne, PA 17043 Defendant(s) NO. 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 LAW~ER AT ONCB. 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlise, 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 o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UNABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAaAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRiTA ABAJO PARA AVERIaUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlise, 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 cease collection of your debt, or any disputed until we obtain the information that is required to you. Once we have mailed to you the required above, we will portion of it, and mail it information, we will then This law firm is deemed and the attached document information obtained will continue the collection of your debt. to be a debt collector and this Notice is an attempt to collect a debt, and any 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: Fidelity Bond and Mortgage Company Assignments of Record to: Wells Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc. Recording Date: 3/5/98 Book: 570 Page: 423 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 follows: MORTGAGED PREMISES: 508 Herman Avenue MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Lemoyne COUNTY: Cumberland DATE EXECUTED: 2/27/98 DATE RECORDED: 3/5/98 BOOK: 1435 PAGE: 998 is as 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 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. The following amounts are due on the said Mortgage as of 08/05/02: Principal of debt due and unpaid Interest at 7.25% from 2/1/02 to 08/05/02 (the per diem interest accruing on this debt is $15.23 and that sum should be added each day after 08/05/o2) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) !The monthly escrow on this account is $130.95 and that sum should be added on the first of each month after 08/05/02) Late Charges (monthly Iate charge of $26.11 should be added in accordance with the terms of the note each month after 08/05/02) Attorneys Fees. (anticipated and actual to 5% of principal) $75,605.21 2,832.78 250.00 280.00 1,050.42 130.55 3,780.26 TOTAL $83,929.22 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 $83,929.22 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. M~r~k~. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 ALL T~AT CERTAIN tract or parcel of land and premises, sit,ate, lying and being in'the Sorough of Lemoyne, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows, being Lot NO. 6¢ and the Western one-half of Lot NO. 65, Sec=ion "D", on Che Plan of Riverton, said Plan being recorded in the Cumberland County Recorder's Office in Deed Book "C", Volume 11,' Page 589, more particularly bounded and described as follows: BE~INNZNO at a point on t~e Southern line of Herman Avenue, said point located 57.$ feet measured Westwardly along ~he Southern line of Herman Avenue from the Southwest corner of Herman Avenue and Fifth Street; thence in a Southerly direction through the. center of the partition wall of a double Cwo and one-half ~tory frame dwelling house, a distance of 150 feet to PlUm Alley; =hence along the Northern side of Plum Alley, a distance of 52.5 feet =o a point on the dividing line between Lo= NOS. 63 and 64 on said Plan; thence along said dividing line in a Northerly direction, a distance of lS0 feet to a point on =he Southern side of Herman Avenue; thence in an Easterly direction alon~ the Southern side of Herman Avenue, a distance of $2.$ feet to a point, the Place of BEOINNIN~. HAVING thereon erected =he Western one-half of a double =wo and one-half story frame dwelling house known as 508 Herman Avenue, Lemoyne, Pennsylvania. :173 AcE VERIFICATION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, 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, ESQUIRE MARK J. UDREN & ASSOCIATES SHERIFF'S RETURN CASE NO: 2002~03765 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND - NOT FOUND WELLS FARGO HOME MORTGAGE INC VS NIBLETT JEFFREY A ET AL R. Thomas Kline ,Sheriff duly sworn according to law, says, that he made a diligent inquiry for the within named defendant, DEFENDANT NIBLETT KENNETH W unable to locate Him or Deputy Sheriff, who being search and but was in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT NIBLETT KENNETH W PER POST OFFICE, MOVED LEFT NO FORWARDING. POSSIBLY MOVED TO CALIFORNIA Sheriff's Costs: Docketing 6.00 Not Found 5.00 Affidavit .00 Surcharge 10.00 .00 21.00 R/ 'Thomas Kline Sheriff of Cumberland County MARK UDREN 08/16/2002 Sworn and subscribed to before me this ~ day of ~ ~30 ~2~ A.D. Pro~h6notary SHERIFF'S RETURN - CASE NO: 2002-~3765 P COMMONWEALTH OF pENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS NIBLETT JEFFREY A ET AL REGULAR JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon NIBLETT JEFFREY A the law, DEFENDANT , at 1859:00 HOURS, at 508 HERMAN AVENUE LEMOYNE, PA 17043 JEFFREY NIBLETT on the 13th day of September, 2002 by handing to true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this ,~6~ day of /P~oth~ot ary So Answers: R. Thomas Kline 08/16/2002 MARK UDREN By: 'iff uty Sher' SHERIFF'S RETURN - CASE NO: 2002-~3765 P COMMONWEALTH OF pENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS NIBLETT JEFFREY A ET AL JASON vIORAL REGULAR Cumberland County,Pennsylvania, says, the within COMPLAINT - NIBLETT JULIE A , Sheriff or Deputy Sheriff of who being duly sworn according to law, MORT FORE was served upon the DEFENDANT , at 1859:00 HOURS, at 508 HERMAN AVENUE LEMOYNE, PA 17043 JEFFREY NIBLETT, HUSBAND on the 13th day of August , 2002 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: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of ~ Prothonotary So Answers: R. Thomas Kline o8/16/ oo2 MARK UDREN By: uty Sheriff SHERIFF'S RETURN CASE NO: 2002-03765 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS. NIBLETT JEFFREY A ET AL U.S. CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,NIBLETT KENNETH W by United States Certified Mail postage prepaid, on the 29th day of August ,2002 at 0000:00 HOURS, at 2833 HOSKING ROAD BAKERSFIELD, CA 93313 and attested copy of the attached COMPLAINT - MORT FORE with Together The returned receipt card was signed by KEN NIBLETT 09/04/2002 Additional Comments: Sheriff,s Costs: Docketing 18.00 Cert Mail 4.65 Affidavit .00 Surcharge 10.00 .00 32.65 Sheriff of Cumberland County Paid by MARK UDREN Sworn and subscribgd to before me this ~2~ day ~L A.D. notary ' on 09/09/2002 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Add.seal to: Kenneth Niblett 2833 Hoskin§ Road Bakersfield, CA 933~3 D. Is delivery address different from item 1 ? [] Yes If YES, enter delive~ address below: [] NO 7001 2510 0009 PS Form 3811, August 2001 1018 7017 3. Service Type X~ Certified Mail r~ Registered [] insured Mail [] C.O.D. 4. Restricted Delivenj? (Extra Fee) [] Yes 02-3765 civ Domestic Return R~ceipt 102595-01-M.0381