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HomeMy WebLinkAbout09-4642UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 ,,?6HANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Taylor, Bean & Whitaker :COURT OF COMMON PLEAS Mortgage Corp. :CIVIL DIVISION 1417 North Magnolia Avenue Ocala, FL 34475-9078 :Cumberland County Plaintiff V. Michael T. Green (Last Record Owner) NO. ?Q - JU(4X ?lUt CTEQt 4048 Seneca Avenue Camp Hill, PA 17011 Defendant (s) 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 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 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 UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O 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 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. 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: Taylor, Bean & Whitaker Mortgage Corp. 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: 4048 Seneca Avenue MUNICIPALITY/TOWNSHIP/BOROUGH: Lower Allen Township COUNTY: Cumberland DATE EXECUTED: 06/27/2007 DATE RECORDED: 06/29/2007 BOOK: 1997 PAGE: 3993 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. 6. The following amounts are due on the said Mortgage as of 07/03/09: Principal of debt due $119,176.88 Unpaid Interest at 6.7516 from 10/01/08 to 07/03/09 (the per diem interest accruing on this debt is $21.85 and that sum should be added each day after 07/03/09) 6,053.80 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $174.02 and that sum should be added on the first of each month after 07/03/09) (24.71) Late Charges (monthlyy late charge of $31.34 should be added in accordance with the terms of the note each month after 07/03/09) 78.36 Suspense Balance (54.18) NSF Fees 15.00 Attorneys Fees (anticipated and actual to 5% of principal) 5,958.84 TOTAL $131,808.99 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 $131,808.99 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. BY J? Y A a U Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern side of Seneca Avenue, two hundred` ?,Lghty and seven one-hundredths (280.07) feet west of the northwest corner of Seneca Avenue and Oneida Road, said point also being at the dividing line between Lots Nos. 21 and 22 on Plan of 'Lots hereinafter mentioned; thence South fifty-eight (58) degrees forty (40) minutes West along the northern side of Seneca Avenue,, fifty--six (56) feet to a point at the dividing line betwee= `Lots Nor.. 20 and 21 on said Plan : thence North thirty-one (31) degrees twenty (20) minutes West along said dividing line, one hundred seventy-one and ninety--nixie one-hundredths (1'71.99) feet to a point; thence North fifty-eight, (58) degrees thirty (30) minutes; -East fifty-six ($6) feet to a point at the dividing line between-Lots Nos. 21 and 22 on said Plan; thence South thirty-ore (31) degrees twenty (20) minutes East along said divi9ing line, one hundred seventy-two and sixteen one-hundredths (172.16) feet to a point on the northern side of Seneca Avenue, the place of BSGG. BEING Lot No. 21 on Plan of Reewaydin, recorded in the office of the Recorder of Deeds in and for Cumberland County in Plan Book 4, Pages 42 and 87. HAVxNG ERECTED THEREON a dwelling house being known and numbered as 4048 Seneca Avenue, Camp H:.ll, Pennsylvania. UMDER AND SUBJECT to restrictions and reservations of record. 1 •4'• TOMZTMM with all and singular the rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof, and:all the estate, right, ?pn title, interest, property, claim and demand whatsoever of the said his at and immediately before the time of his decease, an law or equity or otherwise howsoever, of, in, to or out of the same., ''° Taylor. Bean & Win'taker ltlortgagc Corp. 1417 N N1ignolia Ave Ocala FL 34475-9078 f g - 3A4A34 l 7113 1953 0020 0054 25203 l Michael GTeen 4048 Seneca Ave Camp Hill, PA 17011 Act 91 Notice Take Action To Save Your Home From Foreclosure December 31. 2008 Loan Number: 1819939 Propene Address: 404€1 Seneca Ave Bear Mr Michael Green ocHWA This notice is sent to YOU in <ut attempt to collect the indcbtedness referred to herein and any information obtained from you vill be used for that purpo. Tf you hav- previously received a discharge in Bankruptcy, this ccxre>spun4ence is not and should riot be cart,%1Qd to b:. an attempt to collect a debt, but only enforcement of a hen against property. This is an official notice that the mortea€e on vour home is in default and the lender intends to foreclose. Specific int'cttmation about the nature ofthe default is provided in the attached pages. The Bonteowners Niort-aage Assistance Program (HL;11i_%P) may be able to help save your h e< This notice explains ho site prop works. To see if HEh1.2V can help, you must meat with a Consumer Credit Counseling agency within thirty (313) days of the date of this notice. Talmo this notice with you when you meet with the Counseling Ag'C'. The name, address and phone: nurribz of Consumer- Credit Counseling Agenci seeing your Couniv are listed at the end of this notice. If you have any questions, you may call the Petmsvivania Housiu2 Finance _A.gencv toll fry at 1-800-342-2397. (Persons with impaired hearing can call 1-717-7:90-E1869). This notice contains important legal information. If \,on hate any questions, representatives at the Consumer Credit Counselin- .42e3tcv inav be able to help plaint it. You may also vant to contact an attomev in vour area. 'l ltc local bar association max- be able to help you find a la-vv-er. La notificacion que anteccde es de suina impo tsncis v puede afectar el de:recho a continuar viviendo eta su casa. Si no mprende cl contenido de la misn obtenga una traduccion irtmediatantente 1lamand« sits costa alguno a (Pennsylvania Housing Finance Agency) al numero arriba indicado. Pcadrias ser elegible part un prestamo a traves del pi eogTaiL llamado "Hrnnet-)Vkners F,rnergency Nfortgaae Assistance Program"', el coal puede salvar su cash de 1a perdida del Bore ho s rr-Aimir su bipot t. I Act 91 - Save Your Home From Foreclosure -Page 2- Statement of Polio-; Homerrtarriees'Name(s). Mr Michael Green Property Address; 4048 Seneca Ave Camp IhI PAL 17011 Loan Number: 1849939 Original Lender: Current L,euder'Scr6cer: Ta}for. Bean & Whitaker Mom Hone n, er's_EmerZerkcj Moil y!aue? Affiance ProgME: )"on may be eligible for financial assistance which can save your home from foreclosure and help ??oii mal=e futurc, mortgage payments. If you comply with the provisions of the Homea'%Nnees Em .envy Mortgag :assistance Act of 1983 (The ".Act") you may be eligible for Ememenc,,' 2,4ortgage Assistance. • If default has been caused by circumstances beyond tour control ¦ If a reasonable prospect of being able to pay the moMage payinen.ts, and • If vcau me=et ether eligibility requirements established by the Pennsylvania Housing Finance -ganc} Temporary Stay ofForedosur+e. Under the Act. you are entitled to a Temporary Stay of Foreclosure can your mortgage for thirty -three (33) days from the date of this notice. During drat time you must arrange and attend a face-to-fact: meetung with one of the Consumer Credit Counseling .-agencies listed at the and of this notice. This rnedine, must occur within the next thirty-#l ree (33) days. If you do not apply for Emergency Mortgage :Assistance, you must brim; your mortgage aceount current. The part of this izotiea called "How To Cur : Your Mortgage Default" explains how to bring your mortgage account +curr=it. Consumer Credit Counseline Agencies: If you meet with one of the Consumer Credit Counseling Agencies listed at the end of this notice, the lender may not take action against your for thirty (30) dad's after the date af' this meeting. The names, address and telephone numbers of designated Consumer Credit Counsj62 :Agencies for the County in t;laich the property is located ar4.:sot forth at the end of this notice. 11 is only necessary to schedule one face-to-face .meeting. Advise your lender immediately of your intentions. Application For Morteape :Assistance. Your mortgage is in default for the reasons set forth later in this notice (see folio"ing pages for specific information about the nature of your default). If you have tried and are unable to resolN e this problem %kith the leader; you have the right to apoy for financial assistanc=e from the Hornems.ner's EnierrLencr Nlor LmLe 'assistance Program, To do so, you must fill out, sign and file a completed Honieowner's Eniergency Assistance Program application N-6th ona of the designated Consumer Credit Counseling :agencies listed at the end of this notice. Only Consumer Cruet C=ounseling Agendas have applications for the program and they will assist you in submitting a complete application to the Pennsylvania I-Jousing FinancL .Agencv. Your application MUST be filed or postmarked within thirty 00) days cif ycaur face-to-face Ineat ng. Dd1( A)VZ Act 91 - Save )'our 1Ionie From For losure -Page 3- You must Me your application promptly. If you fail to do so or ff you do not follow the other thue periods set forth in this notice, foreclosure may proceed against your home immediately and your application for Mortgage :1 ce will he denied. AtPency Action: Available funds for Fanargcticw Mortval?e assistance are very limited.. They %%ill be disbursed by the Agency under the eligihility critoria established by the Act, The Fennsyly-aria Housing Finance .agenev has sit`t? (60) dax-s to make a decision after it receives your application. During that time, no foreclosure prix 4? clines will he pursued against you if you ita-ve met the time requirements set forth above. You xN111 he notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. Note: If you are currently protected by the filing of petition in Bankruptcy, the #`oRowia part of this notice is for Information purposes only and should not be considered as an attempt to collect the debt. (If you have filed Bankruptcy you can still apply for Emergency Mortgage Assistance) Bever To Cure Your Mortgage Default Bring Your Account Current Nature of the Default: The mortgage debt held by the above lender on your propert3 located at 4048 Seneca Ave Camp Hill, PA 17011, is seriously in default because: ¦ Yoti have not made monthly mortgage payments for the fallowing months and the folkn\itng amounts are now past due. You are currently due for 11/01, 008. The amount requested below must be remitted within 33 dams of the date of this lettet% Xiontlil ° payments plus late charges accrued: $2,032.60 NSF: $1.5.00 Other: $-24.00 (Suspense): $ 54.18 Total Amount To Cure Default: $1017.42 Hove To Cure The Default: You may cure the default within thirty-three (33) days of the date of this notioe by paying the total amount past due to the lertder, wwhic:h is $2,017.42, plus any cuurtpag,; paNments and late charges which become due during this thirty-three (33) day period. Paynients must be made either by cask cashier's check, cerii Ged check or money order made payable and scant to: Taylor. Bean & 1k1aitaker Mortgage Corp. 1417 North Mae noba avenue Cicala, FI.r 34475-9078 Attn: Foreclosure Department You can cure any ether default by taking tlae following action within thirty-three (33) days of the date of this notice. t3O AW- 2s ,. Act 91 - Save Your Home From Foreclosure -Page 4- If You Do ?i+at Cnre_ The Default: If you do not cure the default within thirty -thrac (33) days of fie date cif this notice, the lender intends to emzcise: its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due mmedialety and you may lose the chance to pad, the mortgage in monthly- installments. If :full paymclit of flit total aniotint past due is not made %ithin thirty-thee (33) days, the lender also intends to instnict its attorney to start legal action to foreclose on your mortgage property. If The Mortame Is Foreclosed Upon. The mortgage property well be sold tsv the Sheriff to pay off the mortgage debt. If the lender rr fers your case to its attorney's. but you cure the delinquency before the h-nder begins legal proceedings against you, you will ;till b., required to pay the reasonable attonie 's fees that were actually incurred, ul to 450-00Hox ever. if legal pti) cee lings are started against vou. -on will have to pay all reasonable attorney's fee ; actvalty incurred b'N, the lender even if they exceed $50.00. Any attornev's f'-,es will be added to the amount due to the lender, which may also include other reasonable costs, If you cure the default within the thirty-three (33) day rod, you will not be required to pay attorneryfs fees. Other Lender Remedies: The lender may also sue you personal],,- 14 the unpaid principal balance and all other sums due and the mortgage. Fight To Cure The Default Prior To Sheriff's Sale: If you have not cured the default ,Nithin the thirty,-three (33) day period and foreclosure proceedinss have begun- you still have the right to cure the default and prevent the sale at an tit, up to one hour belie the Sheriffs sale, You may- do so by paving the total amount past due, plus any late or other charges due. reasonable alturney's fees and casts connected Mth the foreclosure sale and any other casts connoted with the Sheriffs sale as specified in 'vwl ing by the lender and by perforn-zing aiiy other requirements under the mortgage. Curing your default in the manner sat forth in this notice Will restore your mortgage to the same position. as if you had never defaulted, Earliest Possible Sherfflf's Sale Date: It is estimated that the earliest daft: that such a Sheriffs sale of the mortgage prope r c mid be held 'would be appro imalch sit (6) months frum the date of this notice. A notice of the actual date of the Sheriffs sale Nvill be sent to y-on before the sale. Of course, the amount needed to cure the default will increase the longer y°ou v,-ait. You may find out at any time CIMCtly winat the required payment or aciion %\ill be by contacting the lender. How To -Contact The Lend en Taylor, Bean &'%hital;erX1ortga2?.c; Cex-p. 1417 North Ma_cnolia _A:venu Cicala, Fl_ 344?5-9078 Attn: Foreclosure Department 1-800-530-2602 ,. Act I Sa?Fe'i'our Hcmre From Forcclosurec -Page 5- Efleet of Sh,erlirs Salle: You should realize that a Sherifl's sale will and voir ownership of the mortgaved property, and your right to occupy it. If you continue to live in the property after the Sherds sale, a lawsuit to remol%' you and your furnishings and other possess ions could he started by the lender at am- time. . umpOt?n euf Mortaa'e;= You mad or may not (check; one) sell or transfer vour home to a buyer or transl r ;e who %kill a4sume the mortgage debt, provided that all the oulstanding pay me ts, charges and attorney's fees and cost arz paid prior to or at the sale and that the otho-r requirements of the mortgage are satisfied. You may also have the right: ¦ To sell the property to obtain money to pay off the mortgage debt or to borrow money from another len"g institution to pad otrthis debt. u To have this default cured by any third party acting on ycxir behalf. u Tea have the Mortgage reskwed to the same position as if no default had occurred, if you cure the default, (However, you will not have the right to cure your default more than three (3) times in any calendar year). ¦ To assert the non-cxistence of a default in any foreclosure proceeding or any ether laNNSUit instituted Linder the mortgage documents. ¦ To assert my other defense you, believe you may have to such action by the lender. ¦ To seek protection under the Felderrral Btaankr-uptcy LaYw. A list ofConsumer Credit Counseling Agencies senin3 your County is attached. If you would like to discuss options which may be available to assist you please contact Tvior, Bean & WhitAkier's Loss Mitigation Department at 1-800-530-2602. Counselors are available Monday through Friday from 9.110 a.m. until 8:00 p.m. EST. You may also contact the National Foreclosure Prevention Hotline at 1-88&995-HOPE (46731, SincewrolY. Default Management Taylor. Bean + ' 'hitaker Mortgage Corp. Mauled by I.st Class mail and Certified Mail Attachment; Counseling Agencies for your C;ouniv DOPA)N? 7s V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she 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/she 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/her 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. UDREN LAW OFFICES, P.C. BY.k,A I " WIIJ(1,?,?,-, L' Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI,, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE C,F THE , i Eq ", "3, C;W rT ??? 178 . SU IL 41 I 2 X788 3 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 ADAM L. KAYES, ESQUIRE - ID #86408 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 udren.com pleadings* Taylor, Bean & Whitaker Mortgage Corp. = COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff Cumberland County V. Michael T. Green (Last Record Owner) NO. 09-4642 Defendant PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO Pa.R.C.P.1033 Plaintiff, Taylor, Bean & Whitaker Mortgage Corp., by its attorneys, Udren Law Offices, P.C., respectfully requests your Honorable Court enter an Order granting the Plaintiff leave of Court to amend its Complaint in Mortgage Foreclosure as above captioned, pursuant to Pa.R.C.P. 1033, and in support thereof avers the following: Plaintiff conducted a skip trace which confirmed that Defendant, was deceased. A true and correct copy of said skip trace is attached hereto as Exhibit "A". 2. Plaintiff then inquired with the Cumberland County Register of Wills Office and obtained copies of Letters of Administration evidencing that Kelly D. Green was named Executrix of the Estate of Michael T. Green. A true and correct copy of the Decree of Probate and Grant of Letters of Administration is attached hereto as Exhibit "B". 3. It is therefore, hereby believed, averred, and suggested that Defendant is deceased. 4. Pa.R.C.P. Rule 1033 provides, in part, that a party by leave of Court may correct the name of a party or amend his pleading. Therefore, the Plaintiff wishes to amend its Complaint by adding Kelly D. Green, Executrix of the Estate of Michael T. Green (Last Record Owner) as a Defendant and by releasing deceased Michael T. Green as a Defendant in the instant action. The amendment to the Complaint will not prejudice the Defendants. 6. All other averments of the Complaint are to remain the same and unchanged. WHEREFORE, the Plaintiff prays and respectfully requests that the Honorable Court grant the Plaintiff leave to amend its Complaint as averred hereinabove. UDREN LAW OFFICES, P.C. By Mark J. Udren, Esquire Stuart Winneg, Esquire Lorraine Gazzara Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Louis A. Simoni, Esquire Marguerite L. Thomas, Esquire Adam L. Kayes, Esquire Attorneys for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 ADAM L. KAYES, ESQUIRE - ID #86408 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings q?udren.eom Taylor, Bean & Whitaker Mortgage Corp. COURT OF COMMON PLEAS € CIVIL DIVISION Plaintiff Cumberland County V. Michael T. Green (Last Record Owner) NO.09-4642 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR LEAVE TO AMEND ITS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff seeks leave of Court to amend its Complaint as averred in the within Motion. The Pennsylvania Rules Of Civil Procedure allow for such amendment. The facts as set forth in the within Motion are incorporated herein by reference as though fully set forth at length. Pa.R.C.P. 1033, AMENDMENT: A party, ... by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. An amendment may be made to conform the pleading to the evidence offered or admitted. In the instant Motion For Leave To Amend, Plaintiff requests leave of Court to amend its Complaint in Mortgage Foreclosure by adding Kelly D. Green, Executrix of the Estate of Michael T. Green (Last Record Owner) as a Defendant and by releasing deceased Michael T. Green as a Defendant in the instant action. This Motion falls strictly within the parameters of Rule 1033 and 1144(a)(2). The Plaintiff is not requesting leave of Court to amend any allegation or substantive fact contained in the pleading itself. Furthermore, Plaintiff also requests that an Amended Complaint not expand the Answer and/or otherwise plead period of any Defendants already served with the original Complaint. Respectfully submitted, UDREN LAW OFFICES, P.C. By: Mark J. Udren, Esquire Stuart Winneg, Esquire Lorraine Gazzara Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Louis A. Simoni, Esquire Marguerite L. Thomas, Esquire Adam L. Kayes, Esquire Attorneys for Plaintiff Page 1 of 1 Date: July 8, 2009 PLAYERS NATIONAL LOCATOR (Reply Form) Reply To: Mark J Udren & Associates ATTN : Sandra Chamberlain 111 Woodcrest Road Ste 200 Cherry Hill, NJ 08003 Service Type: Skip Trace Property Address: Subject(s) Open Date: 7/612009 Due Date: 7/10/2009 Close Date: 7/8/2009 File Status: Found Loan Number: Servicer Loan Number: Borrower Name (1): Last Known Address: New Address: Additional Comments See affidavit. 09070055-1 461631636 Michael Green 4048 Seneca Avenue Camp Hill, PA 17011 Invoice Amount: Rating: Social Security #: Residential Phone #: Residential Phone #: Business Phone #: Business Phone #: Other Phone #: $35.00 Deceased 196-48-xxxx Players National Locator, 14444 Manchester Road, Manchester, MO 63011 Phone: (636) 230-9922 Fax: (636) 230-0558 EXHIBIT Page 1 of 2 PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: 09070055-1 Attorney Firm: Mark J Udren & Associates Case Number: Subject: Michael Green A.K.A: Michael T Green Last Known Address: 4048 Seneca Avenue Camp Hill, PA 17011 Sandra Krekeler, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Location Specialist for Players National Locator. 2. On July 8, 2009 I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION A. SOCIAL SECURITY NUMBER(S): 19648-xxxx B. EMPLOYMENT SEARCH: N/A C. INQUIRY OF CREDITORS: Creditors indicated the last reported address for Michael Green is 4048 Seneca Avenue, Camp Hill, PA 17011 with no valid home number. Creditors stated Michael is deceased. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH: Directory assistance does not have a listing for Michael Green. We were unable to confirm any heir information. INQUIRY OF NEIGHBORS We were unable to contact any neighbors to confirm any other information for Michael Green. INQUIRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE: As of July 6, 2009 the National Change of Address (NCOA) has no change for Michael Green from 4048 Seneca Avenue, Camp Hill, PA 17011. MOTOR VEHICLE REGISTRATION Page 2 of 2 A. MOTOR VEHICLE & DMV OFFICE: We were unable to verify current drivers license information for Michael Green. OTHER INQUIRIES A. DEATH RECORDS: The Social Security Administration has a death record in the name Michael Green with the social security number above on August 21, 2008. The last reported residence is not listed. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.): None Found. C. COUNTY VOTER REGISTRATION: We were unable to confirm a listing with the County Voters Registration Office. ADDITIONAL INFORMATION ON SUBJECT A. DATE OF BIRTH: Michael - August 20, 1960 Krekeler m7w7lMy ' N° Kristine M. Scott, Notary Public St. Louis County, State of Missouri Commission Expires 912/2010 Commission Number 0642 8505 PUBLIC Players National Locator, 14444 Manchester Road, Manchester, MO 63011 Phone: (636) 230-9922 Fax: (636) 230-0558 PETITION FOR PROBATE & GRANT OF LETTERS Estate of Michael T Green No. 21-08- Qqd f also known as To: Register of Wills for the deceased. County of Cumberland Social Security No. 196-48-4639 Commonwealth of PennsyLania a CIO The Petition of the undersigned respectfully represents that _-7' ,i Your Petitioners, who istare 18 years of age or older and the Executrix named in tl t UiN oge above decedent dated August 1 2007 and dated December 15. 2007 _bececu$?r r='; ;=? -D named none died Renunciations for none attached hereto. ,7?p a. `-, CO Decedent was domiciled at death in Cumberland County, Pennsylvania, with his A t%mily ordyinci* residence at 4048 Seneca Avenue Camp Hill Lower Allen Townshio CA Decedent, then 48 years of age, died August 21 2008, at M.S. Hershey Medical Center Derry Township Dauphin County. Pennsylvania Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the Will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decedent at death owned property with estimated values as follows: (if domiciled in PA) All personal property $5.000.00 (if not domiciled in PA) Personal property in PA $ (if not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania, situated as follows: $180.000.00 4048 Seneca Avenue Lower Allen Township Cumberland County -- 256 Yale Street City of Harrisburg,_Dauphin County- WHEREFORE, Petitioners respectfully requests the probate of the Last Will and Codicil(s) presented herewith and the grant of letters testamentary thereon. Signatur (s) and Residence(s) of Petitioner(s): , . / Kelly D. reen 912 Gobin Ddle. Carlisle, PA 17013 717-713-8966 OATH OF PERSONAL REPRESENTAUVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss The Petitioner(s) above named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that as personal representative of the above decedent, petitioner(s) will well and truly administer the estate accordin to law. Sworn to or affirm nd subscribed before me this day of t be , 2008. J ' Register Kelly D Green EXHIBIT I R 090 t No. 21-08- 0901 Estate of MICHAEL T. GREEN deceased. DECREE OF PROBATE & GRANT OF LETTERS AND NOW, September (V 2008, in consideration of the Petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated Auaust 1 2007 and December 15. 2007 described therein be admitted to probate and filed of record as the Last Will of Michbel T. Green ; and Letters Testamentary are hereby granted to Kelly D. Green. FEES Probate, Letters, Etc........ $ 260.00 Short Certificates(-5- . ) .... $ 20.00 Renunciation(s) ........... $ none JCP .................... $ 10.00 Automation Fee ............. $ 5:00. Other Will .... $ 15.00 TOTAL: .... $ 310.00 Filed ............................ khfi JA- V?? -2 Register of Wills 9 Q - SAkZ HUGH,ErSyP-s -Patricia icia R Brown E'sa. ($2.7474) ATTORNEY (Sup. Ct. I.D. No.) 354 Alexander Spring Road, Suite 1 Carlisle PA 17015 ADDRESS 717-249-6333 PHONE )C)W--/ VERIFICATION The undersigned attorney, hereby states that he/she is the attorney for the Plaintiff in this action, that he/she is authorized to take this Verification, and that the statements made in the foregoing Motion For Leave To Amend Complaint and Memorandum of Law are true and correct to the best of his/her knowledge, information and belief. 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. UDREN LAW OFFICES, P.C. By: N ?- I aDjg?? Mark J. Udren, Esquire Stuart Winneg, Esquire Lorraine Gazzara Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Louis A. Simoni, Esquire Marguerite L. Thomas, Esquire Adam L. Kayes, Esquire Attorneys for Plaintiff DATED: -11 a.l [0cl UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 ADAM L. KAYES, ESQUIRE - ID #86408 WOODCREST CORPORATE CENTER I11 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 p1eadin2s6Dudren.com ATTORNEY FOR PLAINTIFF Taylor, Bean. & Whitaker Mortgage Corp. € COURT OF COMMON PLEAS Plaintiff € CIVIL DIVISION Cumberland County V. Michael T. Green (Last Record Owner) N0.09-4642 Defendant CERTIFICATE OF SERVICE I, the undersigned attorney, hereby certify that I have served or caused to be served true and correct copies of the Plaintiffs Motion For Leave To Amend Complaint and Memorandum of Law in Support upon the following persons named herein at their last known address or their attorney of record. XXXXXX Regular First Class Mail Date Served: July 3q , 2009 TO: Michael T. Green 4048 Seneca Avenue Camp Hill, PA 17011 Kelly D. Green 912 Gobin Drive Carlisle, PA 17013 UDREN LAW OFFICES, P.C. J/lj ??)O j k d R, i) , By Mar J. Udren, Esquire Stuart Winneg, Esquire Lorraine Gazzara Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Louis A. Simoni, Esquire Marguerite L. Thomas, Esquire Adam L. Kayes, Esquire Attorneys for Plaintiff FILET --i OF THF F'RID . ?oY 2009 JuL 22 PN "', 3 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsAudren.com Taylor, Bean & Whitaker Mortgage Corp. € COURT OF COMMON PLEAS € CIVIL DIVISION Plaintiff € Cumberland County V. Michael T. Green (Last Record Owner) = NO.09-4642 Defendant CERTIFICATE OF SERVICE I, the undersigned attorney, hereby certify that I have served or caused to be served true and correct copies of the Plaintiffs Motion For Leave To Amend Complaint and Memorandum of Law in Support upon the following persons named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Date Served: July 27, 2009 TO: James D. Hughes, Esquire Salzmann Hughes, P.C. 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 Attorney for the Estate of Michael T. Green UDREN LAW OFFICES, P.C. B - PJ11L.'e Chandra M. Arkema, squire Attorneys for Plaintiff OF r -?F[L.ED--:.i=;= :.E Q 111E I r f_1I`,? d 2009 JUL 28 All 10= 34 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings ,udren.com Taylor, Bean & Whitaker Mortgage Corp. € COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Cumberland County V. Michael T. Green (Last Record Owner) NO. 09-4642 Defendant PLAINTIFF'S AMENDMENT TO MOTION FOR LEAVE TO AMEND COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Taylor, Bean & Whitaker Mortgage Corp., by its attorneys, Udren Law Offices, P.C., respectfully requests your Honorable Court to attach the instant Amendment to Plaintiff's Motion for Leave to Amend its Complaint in Mortgage Foreclosure and Proposed Order with updated Distribution List, and to enter an Order granting the Plaintiff leave of Court to amend its Complaint in Mortgage Foreclosure pursuant to Pa.R.C.P. 1033, and in support thereof avers the following: 1. No other issues in the same or related matter have been ruled upon by the Court. 2. I, Chandra M. Arkema, Attorney for Plaintiff/Movant, hereby certify that on July 27, 2009, I served a true and correct copy of the within Motion for Leave to Amend its Complaint in Mortgage Foreclosure and the proposed Order by pre-paid first class regular mail along with a request to the other parties to provide their concurrence or non- concurrence. The Concurrence/Non-Concurrence response deadline was August 6, 2009, and, as of August 6, 2009, the other parties have not responded to the inquiry concerning concurrence. Respectfully Submitted, UDREN LAW OFFICES, P.C. B Chandra ?MArkema, Esquire Attorneys for Plaintiff V# UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@,udren.com Taylor, Bean & Whitaker Mortgage Corp. € COURT OF COMMON PLEAS Plaintiff € CIVIL DIVISION Cumberland County V. Michael T. Green (Last Record Owner) NO.09-4642 Defendant CERTIFICATE OF SERVICE I, the undersigned attorney, hereby certify that I have served or caused to be served true and correct copies of the Plaintiffs Amendment to Motion For Leave To Amend Complaint and Proposed Order with updated Distribution List upon the following persons named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Date Served: August 6, 2009 TO: Michael T. Green 4048 Seneca Avenue Camp Hill, PA 17011 Defendant James D. Hughes, Esquire Salzmann Hughes, P.C. 354 Alexander Spring Road-Suite 1 Carlisle, PA 17015 Attorney for the Estate of Michael T. Green Kelly D. Green 912 Gobin Drive Carlisle, PA 17013 Executrix to the Estate of Michael T. Green UDREN LAW OFFICES, P.C. 0/) M AAnj 1 By. 0'A Chandra M. Arkema, Esquire Attorneys for Plaintiff FILED- f C OF THE 'OT"M 20019 Aa -7 A 10' 4 2 ;, tas? TAYLOR, BEAN & WHITAKER IN THE COURT OF COMMON PLEAS OF MORTGAGE CORP., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO. 09-4642 CIVIL MICHAEL T. GREEN, Defendant IN RE: MOTION FOR LEAVE TO AMEND THE COMPLAINT ORDER AND NOW, this 13' day of August, 2009, a rule is issued on the defendant to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, 14A Hess, J. Rf D-OM OF IW PROT1•dMURY 2M AUG 14 AM 9: 3 7 M4? UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Taylor, Bean & Whitaker Mortgage Corp. COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff Cumberland County V. Michael T. Green (Last Record Owner) € NO. 09-4642 Defendants CERTIFICATE OF SERVICE The undersigned, hereby certifies that they have served or caused to be served true and correct copies of Rule to Show Cause with Returnable date of October 2, 2009, with regards to Plaintiff's Motion for Leave to Amend Complaint upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: September IS , 2009 TO: Michael T. Green, Last Record Owner Kelly D. Green 4048 Seneca Avenue 912 Gobin Drive Camp Hill, PA 17011 Carlisle, PA 17013 Defendant Executrix of the Estate of Michael T. Green UD FICES, P.C. BY: LOUIS A. SIMONI, ESQUIRE Attorney for Plaintiff Ft i i OF THE 2009 SEP 2 1 r2 r r UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings udren.com Taylor, Bean & Whitaker Mortgage Corp. € COURT OF COMMON PLEAS € CIVIL DIVISION Plaintiff = Cumberland County V. Michael T. Green (Last Record Owner) € NO. 09-4642 Defendants CERTIFICATE OF SERVICE The undersigned, hereby certifies that they have served or caused to be served true and correct copies of Rule to Show Cause with Returnable date of November 3, 2009, with regards to Plaintiff's Motion for Leave to Amend Complaint upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: October 15 , 2009 TO: Salzmann Hughes, P.C. James D. Hughes, Esquire 354 Alexander Spring Road-Suite 1 Carlisle, PA 17015 Attorney for the Estate of Michael T. Green UD %A_ ICES, P.C. BYLOONI, ESQUIRE Attorney for Plaintiff 2 0 0 9 CCT 16 g t 1t1: 16) UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: ALAN M. MINATO, ESQUIRE - ID #75860 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadings ,udren.com Taylor, Bean & Whitaker Mortgage Corp. € COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Cumberland County V. Michael T. Green (Last Record Owner) Defendant NO. 09-4642 MOTION TO MAKE RULE ABSOLUTE Plaintiff, Taylor, Bean & Whitaker Mortgage Corp., by its Attorney, Alan M. Minato, Esquire, moves for a Rule Absolute, thereby granting Plaintiff the relief prayed for in its Motion for Leave to Amend Complaint and in support thereof, avers as follows: 1. A Motion for Leave to Amend Complaint, was filed by counsel for Plaintiff on July 22, 2009. 2. The Rule to Show Cause was.eutered by the Court on August 13, 2009, with a Rule Returnable date of September 2, 2009. A true and correct copy of the Rule is attached hereto as Exhibit "A". 3. On September 18, 2009, Louis A. Simoni, Esquire, attorney for Plaintiff, also served a true and correct copy of the Rule to Show Cause upon all the Defendants, interested persons, and/or attorneys Via Regular First Class Mail as certified to by Certificate of Service with a Rule Returnable date of October 8, 2009. A true and correct copy of the Certificate of Service is attached hereto and marked Exhibit "B". 4, On October 15, 2009, Louis A. Simoni, Esquire, attorney for Plaintiff, also served a true and correct copy of the Rule to Show Cause upon James D. Hughes, Esquire, attorney for Defendants via Regular First Class Mail as certified to by Certificate of Service with a Rule Returnable date of November 3, 2009. A true and correct copy of the Certificate of Service is attached hereto and marked Exhibit "C". 5. To the best of Plaintiffs knowledge, information and belief, no response was filed or any objections interposed by any of the served parties, attorneys , and/or interested persons. Therefore, no cause has been shown as to why the relief prayed for in said Motion for Leave to Amend Complaint should not be granted. 6. The Rule to Show Cause should be made Absolute and the relief prayed for in the Plaintiffs Motion for Leave to Amend Complaint should be granted. WHEREFORE, Plaintiff prays and respectfully requests that this Honorable Court enter an Order making the Rule Absolute and therefore grant the relief prayed for in its Motion for Leave to Amend Complaint. Respectfully submitted ?U-DREN LAW P.C. Alan M. mm ato, E Ke Attorney for Plaintiff TAYLOR, BEAN & WHITAKER IN THE COURT OF COMMON PLEAS OF MORTGAGE CORP., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. NO. 09-4642 CIVIL MICHAEL T. GREEN, Defendant IN RE: MOTION FOR LEAVE TO AMEND THE COMPLAINT ORDER AND NOW, this /3` day of August, 2009, a rule is issued on the defendant to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, 9 EXHIBIT A e911 7109 UDREN LAW OFFICES, P.C. LOUIS A.. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856469-5400 Taylor, Bean & Whitaker Mortgage Corp. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County c? -y Y,- to V. =f` Michael T. Green (Last Record Owner) NO. 09-4642 Defendants `• ., CERTIFICATE OF SERVICE The undersigned, hereby certifies that they have served or caused to be served true and. correct copies of Rule to Show Cause with Returnable date of October 9 2009, with regards to Plaintiff's Motion for Leave to Amend Complaint upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: September 4 , 2009 TO: Michael T. Green, Last Record Owner Kelly D. Green 4048 Seneca Avenue 912 Gobin Drive Camp Hill, PA 17011 Carlisle, PA 17013 Defendant Executrix of the Estate of Michael T. Green UD FICES, P.C. BY: LOUIS A. SIMONI, ESQUIRE Attorney for Plaintiff EXHIBIT P nnD rT Cx ?: UDREN LAW OFFICES, P.C. BY: LOUIS A: SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Taylor, Bean & Whitaker Mortgage Corp. COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff Cumberland County . ,.- t v. Michael T. Green (Last Record Owner) NO. 09-4642 Z3 Defendants Cn CERTIFICATE OF SERVICE The undersigned, hereby certifies that they have served or caused to be served true and correct copies of Rule to Show Cause with- Returnable date of November 3, 2009, with regards to :Plaintiff's Motion for Leave td Amend Complaint upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: October 15 , 2009 TO: Salzmann Hughes, P.C. James D. Hughes, Esquire 354 Alexander Spring Road-Suite I Carlisle, PA 17015 Attorney for the Estate of Michael T. Green UD ICES, P.C. BY: .i6 LOUIS A ONL ESQUIRE Attorney for Plaintiff FXHIBITe VERIFICATION Alan M. Minato, Esquire, hereby states that he/she is the attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing Motion To Make Rule Absolute are true and correct to the best of his/her knowledge, information and belief. 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. UDE P.C. 6By: Alan M. Minato, wire Attorney for Plaintiff Dated: November ? , 2009 UDREN LAW OFFICES, P.C. BY: ALAN M. MINATO, ESQUIRE - ID #75860 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 leadingsna.udren.com Taylor, Bean & Whitaker Mortgage Corp. Plaintiff V. Michael T. Green (Last Record Owner) Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-4642 CERTIFICATE OF SERVICE I, Alan M. Minato, Esquire, hereby certify that I have served or caused to be served true and correct copies of Motion to Make Rule Absolute upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: November G , 2009 TO: Distribution List: Michael T. Green 4048 Seneca Avenue Camp Hill, PA 17011 Defendant James D. Hughes, Esquire Salzmann Hughes, P.C. 354 Alexander Spring Road-Suite 1 Carlisle, PA 17015 Attorney for the Estate of Michael T. Green Kelly D. Green 912 Gobin Drive Carlisle, PA 17013 Executrix to the Estate of Michael T. Green UDREN LAW OFFICES, P.C BY: Alan M. Minato, Esquire Attorney for Plaintiff File"',...; l? W 20 u4 NOV -9 4, t`i In: # $ NOV ? 3 2009 C, LI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Taylor, Bean & Whitaker Mortgage Corp. Plaintiff v. Michael T. Green (Last Record Owner) Defendants = NO. 09-4642 ORDER AND NOW, to wit, this `L day of /~~~' , 2009, upon consideration of Plaintiff's Motion for Leave to Amend Complaint, and any response thereto, it is hereby ORDERED AND DECREED that the Rule entered on August 13, 2009, Returnable September 3, 2009, is hereby made Absolute. It is further ORDERED that: Plaintiff is granted leave to amend its Complaint in Mortgage Foreclosure by adding Kelly D. Green, Executrix of the Estate of Michael T. Green (Last Record Owner) as a Defendant, and by releasing deceased Defendant Michael T. Green as a Defendant in the instant action. 2. That the Complaint, except as so amended, shall in all other respects, remain unchanged and as filed, and therefore, no additional and/or new Answer/or "otherwise plead" period shall be allowed for any existing Defendants already served with the Complaint; the case shall continue to proceed as if the Complaint, as so amended, was the original Complaint BY T COURT / J. Distribution List: Michael T. Green andra M. Arkema, Esquire 4048 Seneca Avenue 111 Woodcrest Road, Suite 200 Camp Hill, PA 17011 Cherry Hill, NJ 08003 Defendant ~ames D. Hughes, Esquire ~~elly D. Green Salzmann Hughes, P.C. 912 Gobin Drive 354 Alexander Spring Road-Suite 1 Carlisle, PA 17013 Carlisle, PA 17015 Executrix to the Estate of Attorney for the Estate of Michael T. Green lES ~~ ~ ~~~ Michael T. Green ,~ ,~.1~ ~~ -,, T~~r ~ ~~~ ~, ~r u J J i~-1 F'. ~ i c. ~ r <; , ' UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BI': CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 1-11 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 r-~ pleadings(a~udren.com ~_. ~ ~ . Taylor, Bean & Whitaker Mortgage Corp. '__ COURT OF COMMON PLEAS t~ Plaintiff € CIVIL DIVISION ~._ ,_ , ~• :Cumberland County Kelly D. Green, Executrix of the Estate of Michael T. Green (Last Record Owner) = N0.09-4642 Defendant N >> ~ ,y ~;~ =~ C+J f'r l C.J - - .~7 _._ir } ~,,; ~ _-_ jv i' -r ~~ `7 G'? :,,6 AMENDED COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO COURT ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the folYowing pages, you must take action within twenty (20) days after this Complaint and Notice are served, byentering 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 maybe 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 NOV ? 3 ZOOA 4 ~~ L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Taylor, Bean & Whitaker Mortgage Corp. Plaintiff v. Michael T. Green (Last Record Owner) Defendants N0.09-4642 ORDER AND NOW, to wit, this ~` day of A~~~ , 2009, upon consideration of Plaintiffs Motion for Leave to Amend Complaint, and any response thereto, it is hereby ORDERED AND DECREED that the Rule entered on August 13, 2009, Returnable September 3, 2009, is hereby made Absolute. It is fiuther ORDERED that: 1. Plaintiff is granted leave to amend its Complaint in Mortgage Foreclosure by adding Kelly D. Green, Executrix of the Estate of Michael T. Green (Last Record Owner) as a Defendant,-and by releasing deceased Defendant Michael T. Green as a Defendant in the instant action. 2. That the Complaint, except as so amended, shall in all other respects, remain unchanged and as filed, and therefore, no additional and/or new Answer/or "otherwise plead" period shall be allowed for any existing Defendants already served with the Complaint; the case shall continue to proceed as if the Complaint, as so amended, was the original Complaint BY THL COURT J. Distribution List: /Michael T. Green 4048 Seneca Avenue Camp Hill, PA 17011 Defendant 32'itandra M. Arkema, Esquire 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003 ~ames D. Hughes, Esquire i~Celly D. Green Salzmann Hughes, P.C. 912 Gobin Drive 354 Alexander Spring Road-Suite 1 Carlisle, PA 17013 Carlisle, PA 17015 Executrix to the Estate of Attorney for the Estate of Michael T. Green Michael T. Green lES /n.~ ~ ,~ „1~ ~>~ 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 notification. Hate 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 continuer la demanda en contra suya sin previo aviso o notification. 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 pare 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 O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. 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. 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: Taylor, Bean & Whitaker Mortgage Corp. 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: 4048 Seneca Avenue MUNICIPALITY/TOWNSHIP/BOROUGH: Lower Allen Township COUNTY: Cumberland DATE EXECUTED: 06/27/2007 DATE RECORDED: 06/29/2007 BOOK: 1997 PAGE: 3993 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 Defendants} 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 07/03/09: Principal of debt due $119,176.88 Unpaid Interest at 6.75% from 10/01/08 to 07/03/09 (the per diem interest accruing on this debt is $21.85 and that sum should be added each day after 07/03/09) 6 053.80 Title Report 325.00 Court Costs (anticipated, excluding Sheriffs Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $174.02 and that sum should be added on the first of each month after 07/03/09) (24.71) Late Charges (monthly late charge of $31.34 should be added in accordance with the terms of the note each month after 07/03/09) 78.36 Suspense Balance (54.18) NSF Fees 15.00 Attorneys Fees (anticipated and actual to 5% of principal) 5,958.84 TOTAL $131,808.99 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 Plaintiffhas 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 $131,808.99 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN LAWOFFIC~ES, P.C. CHANDRA M. ARKEMA, ESQUIRE Attorney for Plaintiff ALL. THAT CE~tTAIN' piece or parcel of 18asd situate is ~,orwer Al.ler« Tavmship, Cumberlarsd Cotmty, Penn,sylvanirs, meta particularly bounded azad described as follows, to wit: ~EGSNN~+SG at a poizst an the narthexm side of Seneca Avextue, t~ hundr_ed.~ ~~,gPity and seveA arse-htsndx'edths f 280. Q7 } feet west of the northwest corner crf' sexse~a AveAUe aad thaeida Rand, said point also }xiag at the dividing line betwoeen Lots Dias _ 2S Euad 22 on plan of -Cats heres.xzafter meatiazxed; thence South fifty-eight t58) degrees fatty {4D) minutes West along the northern side of Seneaa Avenue,_ fifty--six t56) feet to a peiat at the cSi.v3.d~4 line beti~e~t `:cots Nos . 2 0 and 21 as ss.~,d Piart : (fiance 3`farth thirty-arse {37.} degrees twenty {20} asinutes West altu~g sair9. dividing Tine, one xaundred seventy-one acid nirYety-rsizre carte-huxa.dredths { 1'71.99 ) feet to a goitxt; tltience North fifty-eight, (58} degrees thirty {30) minutes-Bast fifty-six {SS} feet to a paint at the dividing lizz~• betweerx'Lats Nris. 2i and 22 as said FZan; thea.ce Fauth thirty-one {31) degr twenty {20} :anutes East e.1c-rsg sai,.d ' divi'~iag line, one huadrr~d seventy-two exid sixteezz oxte-hrandredths { 1; 2.16? feet to a paint an the northern side of Se~aeca Averszse, . the place csf BEGS. '' ...:.: BEING Lot 1~To. 31 an Plan of raydin, recorded ire the Gffice of the Recorder of Deeds ixr and for Cumbex3.abd Coussty in Plan Soak 4, Pages ~2 ~cztd B7. xAVXNG ERECTSFJ ~'~PN. m., s~we3.l3ng hawse being kxcawsY and numbered tts +Q048 Serbeaa Avenue, .Cz~mp 73x.11, Periia~*lvau.i.a. ~TlJI3ER ABTD~ S'D83EC'~ to res}rictiorls and r'es~~ata.ans of record. ~ with all and sa,ngu3.ar the rights, liberties, privileges. hereditaments and aS'gpcarterituxces whatsaeKrex thererntc, belvngixrg or in astywi gg appertaining, Etrid the reversions and rernai.x~,dex's, rents, issues and profits thereof, a~°~811 the estate, right, title, interest, prppexty, claim and demand wdsatsoeves of the said h~.~s at arxd iaaaediatelX before the timae of his decease, i:a ...... law or ec~ity or c+thervrise 1~,owsoever, vf, its., to or out of ~ . . seine 1'a~~crr.. ~5e{an .& ~~I,' C<}c ~,:FT.:..~ 347 S -~jf ~ 7 $ }~~ .~ ~'~ pry :~~Fy ~`~ :1. t~FX. zi~ti:~,:.a,::~~-;~ Ga~~ H~Ity P~: 17~:~I=I l-~x-pv} .fd~ ~t~~ti~ to :: ~x+~r~, ~3i~ ~c~u~~:. ~ SznY ~,~ ~°~itz ~ itu ~~~~ ~~~ ;ir~Il~..t '~:~, cirb.a~ r~~i~r .fit h ~:iy' .ltd i~f~i~.~a~ty~}n ~rhta€~~tt '~'tix~1~.?~~u ^11 1~~.>Ze~~i #`a~s-'t~~rrlk-pitat~r:~ ;~'f ~ tc~tts~ti ~:is~zl a; di~~Itar~ a~.~~'iat~~i s ~c~rv~~x?tti~~~n~.~ x~ ~ ~ ~~~~ui~ xt~3 °:h~ ixsi~l .~a1 i i tt~ rl.!~t ~ ii~:,:i~ii~# ~° ~-rtss~t e~`~ .its ~.~ ~+~€~•; 't~ i~ asx c~f~€c~' ~,~+t€c~;~ °Efi~ ~c~ra~~~ ~,~r ~t~m~ :~ ~ ~~u~it ~~~ die l~d~~- ~~s tai I~~>~e. ti~.~-ifte:'~zf~ii~ati ~-~lt~ ~ ~ r~ii~ dt~fatatii ~4 ~~~~ci ~x~ ~i~~~d ~:•~s, ~~~. tti~c~t~~4 ~ri~a~ ~: ~~r: ~~~`~ ~ # ~,I1ei ~;~~- !S~"Ci1,i7' ~i~}~:. ~fis~tal'~c;ti <e.~ali~t~~-hc€~, ~,~ ~: +l~~s: _ T~ ~~ ~f' =:;~f: ~~'",i moils rT~xt.:~m~' a~~f ~ti~ a .~` ~~'e~€t ua~~ii~~ ~; x~~ t~liii~, th-a~-',~i 3c~ y dat ~ ~f ~~ ~ ref ~iaa~ nii;~. 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'~'rn~ ~a,~f.:i .~ a ~~a~~ ~r~~xn~+~~ ~~~I~~.~t ~.-':x-`III! ~~#.t,~"f irR.1~.YS'.'p ~: ~~.'~ t'S362FS,~;~7.1~I1t ~t~:a~~:~ t~~;,ta.4s~-c~.i_;~d~-ti.is ci~3.1 ~~t~e3t.r:. ~c~R'ttt~~l~aB.~ J?~=~i~s ~`r~r ~:~r~z~txT. ~' VERIFICATION The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she 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/she 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/her 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. UDREN LAW OFFICES, P.C. BY` 1~~~ d/J~ CHANDRA M. ARKEMA, ESQUIRE Attorney for Plaintiff .. .' UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(a,udren.com Taylor, Bean & Whitaker Mortgage Corp. :COURT OF COMMON PLEAS Plaintiff =CIVIL DIVISION ~• :Cumberland County Kelly D. Green, Executrix of the Estate of Michael T. Green (Last Record Owner) € NO. 09-4642 Defendant CERTIFICATE OF SERVICE I, Chandra M. Arkema, Esquire, hereby certify that I have served or caused to be served a true and correct copy of Plaintiff s Amended Complaint in Mortgage Foreclosure Pursuant to Court Order upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: February ~2 , 2010 TO: James D. Hughes, Esquire Salzmann Hughes, P.C. 354 Alexander Spring Road-Suite 1 Carlisle, PA 17015 Attorney for the Estate of Michael T. Green, Last Record Owner Kelly D. Green 912 Gobin Drive Carlisle, PA 17013 Executrix to the Estate of Michael T. Green, Last Record Owner UDREN LAW OFFICES, P.C. BY CHANDRA M. MA, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 FED ~j 1 _ , LORRAINE DOYLE, ESQUIRE - ID #34576 ~,r- T} ~;• _,~,,4~, ALAN M. MINATO, ESQUIRE - ID #75860 `"~`• CHANDRA M. ARKEMA, ESQUIRE - ID #203437 2~1~ j.~ •~.~ _~ ~,~ ~ ~ , J,~ WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 ~,~,., CHERRY HILL, NJ 08003-3620 `"'°~'. y, i'`v~'~~~ 856-669-5400 3 _~.',,~ ,,~''~ pleadings@udren.com Taylor, Bean & Whitaker Mortgage Corp. :COURT OF COMMON PLEAS 1417 North Magnolia Avenue =CIVIL DIVISION Ocala, FL 34475-9078 =Cumberland County Plaintiff v, :MORTGAGE FORECLOSURE Kelly D. Green, Executrix of the Estate €NO. 09-4642 of Michael T. Green (Last Record Owner) 912 Gobin Drive Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Kelly D. Green, Executrix of the Estate of Michael T. Green (Last Record Owner) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 7/4/09 to 4/24/10 Late charges per Complaint From 7/4/09 to 4/24/10 Escrow payment per Complaint From 7/4/09 to 4/24/10 $131,808.99 6,445.75 313.40 1,566.18 TOTAL $140,134.32 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDREN LAW OFFICES, P.C. BY Attorneys for aintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE $~~ Oo Pp ~~ LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CK.~ 14488q CHANDRA M. ARKEMA, ESQUIRE ~#a~~~~~ DAMAGES ARE HEREBY ASSESSED AS IN GATED ~~ DATE:/p pR0 PRO Y ATTORNEY FOR PLAINTIFF IIDREN LAW OFFICES. P.C. Mp,R,g J. UDREN, ESQIIIRE - ID #04302 STIIART WINL~E~G, ESQIIIRE - ID #45362 LORR.AINE DOYLE, ESQIIIRE - ID #34576 p,I,p,N M. MINATO, ESQIIIRE - ID #75860 CHANDRA M, ARKEMA, ESQIIIRE - ID #203437 LOUIS A. SSMONI, ESQIIIRE - ID #200869 ADAM L°.~" KAYES, ESQIII~ - ID #86408 MARGUERITE L. THOMAS, ESQIIIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOO_DCREST ROAD, SIIITE 200 CHERRY 'HILL, NJ 08003-3520 856-669.,-;,5400 pleadiagsC~udren.com COURT OF COMMON FLEAS Taylor, Bean & Whitaker =CIVIL DIVISION Mortgage Corp. 1417 North Magnolia AvenueCumberland County Ocala, FL 344.75-9078 Plaintiff ,V . i'°^ Michael T. Green (Last Record ~~ 7 ~ ~~ ~/,{ _ c^- Owner) NO. 7 `'~ :-~ c.~.T 4 04 8 Seneca Avenue ~~ ~:'. Camp Hill, PA 17011 t Defendant (s ) ~ ~" E. .:~ C.rt C •: COMPLAINT IN MORTGAGE FORECLOSURE ~~rl :.,; .: ~}V ;_~ . , _~~ YOU HAVE BEEN SUED IN COURT. If you wish too a ~fu na ~akerlaction claims set forth in the following pages, y 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 ud ent fma 1 be roceed without you and a j gm Y do so the case may p entered against you by the Court without further notice for any money claimed in plaintiff~1n Your may lose money cor1property1or requested by the other rights important to you. r~ /' 1 SHERIFF`S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~p4'g ~! ~tctnbe~r~~b Jody S Smith ~ _ Chief Deputy ~ Edward L Schorpp Solicitor r,~~lc~E aF :gs_ s+ ~ai~F Taylor Beam & Whitaker Mortgage Corp. Case Number vs. 2009-4642 Ke11y D. Green, Executr'sx of the Estate of Michael T. Green SHERIFF'S RETURN OF SERVICE 03/19/2010 03:28 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 19, 2010 at 1528 hours, he served a true copy of the within Amended Complaint in Mortgage Foreclosure Pursuant to Court Order, upon the within named defendant, to wit: Kelly D. Green, Executrix of the. Estate of Michael T. Green, by making knowrt_ unto herself personally, at Midway Bowling Center & Lounge, 1561 Holly Pike, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. Kelly D. Green current resides at 3 Hill Street, Mount Hotly Springs, PA 17065. /~'/'~~® NOAH CLINE, DEPUTY SHER{1=F COST: $57.70 March 22, 2010 SO ANSWE,~R/'~Sy~ ,Y RON R ANDERSON, SHERIFF ;~; %ainip5;b~e Sher, raecsaR: inc. iJDREN LAW OFFICES, P.C. MA~2IC J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 = l a i nge~++a+^~n mom Taylor, Bean & Whitaker Mortgage Corp. Plaintiff v. Kelly D. Green, Executrix of the Estate of Michael T. Green (( Last Record Owner) De f enchant (s ) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-4642 TO: Kelly D. Green, Executrix of the Estate of Michael T. Green ( Last Record Owner) Midway Bowling Center and Lounge 1561 Holly Pike Carlisle, PA 17015 Date of Notice: April 13, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.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 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMING DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFIC.~,CION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO O SI NO TIENE DINERO SUFICIENTE PARR TAL SERVICIO, VAYA EN PERSONA O LLAME POR T~LEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT ~CTRPOSEj STUART WI~EG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 S'I~UART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-6.69-5400 Taylor, Bean & Whitaker Mortgage Corp. Plaintiff v. Kelly D. Green, Executrix of the Estate of Michael T. Green ( Last Record Owner) Defendant (s ) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-4642 TO: Kell D. Green, Executrix of the Estate of Michael T. Green ( Last Record Owner) 3 Hill Street Mount Holly Springs, PA 17065 Date of Notice: April 13, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.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 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMING DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE SED FOR I~AT PURPOSE. STUART WINN~G, ESQUIRE LORRAINE DO ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 ~ Pad; ngera~„~irPn mom Taylor, Bean & Whitaker Mortgage Corp. Plaintiff v. Kelly D. Green, Executrix of the Estate of Michael T. Green ( Last Record Owner) Defendant (s ) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-4642 TO: Kelly D. Green, Executrix of tI~e Estate of Michael T. Green ( Last Record Owner) 141 B Street Carlisle, PA 17013 Date of Notice: April 13, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.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 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMING DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS~DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE~$S~D FO~.'THAT~URPOSE. STUART WING, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Center 111 Woodcrest load, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MAIZIC J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 = l ,~ar3i ngef~nr7rPn nom Taylor, Bean & Whitaker Mortgage Corp. Plaintiff v. Kelly D. Green, Executrix of the Estate of Michael T. Green ( Last Record Owner) Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-4642 TO: Kell D. Green, Executrix of the Estate of Michael T. Green ( Last Record Owner) 912 Gobin Drive Carlisle, PA 17013 Date of Notice: April 13, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.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 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMING DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL B~`'? U$ED $'OR THATT PURPOSE . STUART ~T~'NNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. • ~ ,MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Taylor, Bean & Whitaker Mortgage Corp. Plaintiff v. Kelly D. Green, Executrix of the Estate of Michael T. Green ( Last Record Owner) Defendant(s) AFFIDAVIT OF NON-MILITARY STATE OF NEW JERSEY COUNTY OF CAMDEN ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 09-4642 SERVICE SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Kelly D. Green, Executrix of the Estate of Michael T. Green (Last Record Owner) Age: Over 18 Residence: As captioned above Employment: Unknown Sworn to and subscribed before me this 24th day of April, 2009. No ubl'c _ C~~ Name : Gv~.~S.~-i ~.a-®9~"C mf ~ o Title: ATTORNEY FOR PLAINTIFF Company: UDREN LAW OFFICES, P.C. CARA STEAKS ~~tQiiS/~D13 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 'STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Taylor, Bean & Whitaker Mortgage :COURT OF COMMON PLEAS Corp. :CIVIL DIVISION Plaintiff :Cumberland County v. :MORTGAGE FORECLOSURE Kelly D. Green, Executrix of the €NO. 09-4642 Estate of Michael T. Green (Last Record Owner) Defendant(s) TO: Kelly D. Green, Executrix of the Estate of Michael T. Green (Last Record Owner) 912 Gobin Drive Carlisle, PA 17013 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment Money Ju~ Judgment _ Judgment Judgment Prothonotary by Default / 3gment ~Z/( in Replevin for Possession ~/s~0 on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-669-5400 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 -~---LORRAINE DOYLE, ESQUIRE - ID #34576 Fii~=~~ .';-=:~'~' ALAN M. MINATO, ESQUIRE - ID #75860 ~r "~ ~ ~ .``' ,,. rF',~~~ CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER ZO10 ~'s~l~i -5 h'~`~ I ~ .~~ 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 CU':~c:_ :. ~,J.;h~li'!r 856-669-5400 1~ , `;'_`t , '; pleadingsC~udren.com Taylor, Bean & Whitaker Mortgage Corp. :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION v. :Cumberland County :MORTGAGE FORECLOSURE Kelly D. Green, Executrix of the €NO. 09-4642 Estate of Michael T. Green (Last Record Owner) Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due $140,134.32 Interest From 4 25 10 2,993.45 to Date of Sale September 8, 2010 Ongoing Per Diem of 21.85 to actual date of sale including if sale is held at a later date (Costs to be added) ~a~.oo Pe AT"ry 57.70 t78F '18.50 ~~ lo•oo •• 1~•, oo .. a. so .. ~ 1$(0.'70 - P4 AMY UDREN LAW OFFICES, P.C. BY: Attorneys fca2~~laintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE .--~,9RRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE a.oo ~° Co • 50 L(, C~# I ~ 890 ~'~ ail (~07 RE t,~rit-~~'~ UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 FlLf L "' ~''_ ALAN M. MINATO, ESQUIRE - ID #75860 v:r,Y CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER ZQ~~~"~ i,' _ J ~~,) ~. ~~ 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 ~"`' `"~`r ' 856-669-5400 ~ t. ,y . _ ~ ~i , pleadings@udren.com Taylor, Bean & Whitaker Mortgage :COURT OF COMMON PLEAS Corp. €CIVIL DIVISION Plaintiff :Cumberland County v. :MORTGAGE FORECLOSURE Kelly D. Green, Executrix of the €NO. 09-4642 Estate of Michael T. Green (Last Record Owner) Defendant(s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) X C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: X A. An individual B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defendant(s) is (are): x A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: UDREN LAW OFFICES, P.C. BY : ~ ~ ~~-_"_ Attorneys for aintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 F' ` ..?- r ALAN M. MINATO, ESQUIRE - ID #75860 " ~' G ~ `~ ~ ~ ~f"t'V CHANDRA M. ARKEMA, ESQUIRE - ID #203437 2Ql~P~r;,,, _~ pl`~ ~. ~~ WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 ,;,;~ CHERRY HILL, NJ 08003-3620 Cu"'- ~ ~ ~'~"~f`~~ 856-669-5400 pleadings@udren.com Taylor, Bean & Whitaker Mortgage Corp. :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION v. '_Cumberland County MORTGAGE FORECLOSURE Kelly D. Green, Executrix of the €NO. 09-4642 Estate of Michael T. Green ( Last Record Owner) Defendant (s) C E R T I F I C A T E I hereby state that as the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage Non-owner occupied Vacant ( x ) Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. __~ BY : i~ Attorneys for JFlaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF j=ii tY~,,_,, - ~,r -~-~ ~• - r~, - - .. n',', i ~"~ 1 ~ C~ :5 1 ~. v f ; '7~,s ";,. Taylor, Bean & Whitaker Mortgage Corp. :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION v. :Cumberland County :MORTGAGE FORECLOSURE Kelly D. Green, Executrix of the NO. 09-4642 Estate of Michael T. Green ( Last Record Owner) Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Taylor, Bean & Whitaker Mortgage Corp., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4048 Seneca Avenue, Camp Hill, PA 17011 1. Name and address of Owner(s) or reputed Owner(s): Name Address Kelly D. Green, Executrix of the Estate of Michael T. Green (Last Record Owner) 912 Gobin Drive Carlisle, PA 17013 141 B Street Carlisle, PA 17013 Midway Bowling Center and Lounge 1561 Holly Pike Carlisle, PA 17015 3 Hill Street Mount Holly Springs, PA 17065 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of of record: Name Taylor, Bean & Whitaker Mortgage Corp. Address 1417 North Magnolia Avenue Ocala, FL 34475-9078 Mortgage Electronic P.O. Box 2026 Registration Systems, Inc. Flint, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept Domestic Relations Section Commonwealth of PA, Department of Revenue Commonwealth of PA Bureau of Individual Tax Internal Revenue Service Special Procedures Branch Dept. Of Public Welfare 1 Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 Inheritance Tax Division, 6th Floor Strawberry Square, Dept. 280601 Harrisburg, PA 17128 Federated Investors Tower 1001 Liberty Avenue, 13th Floor Suite 1300, Pittsburgh, PA 15222 TPL Casulty Unit Estate Recovery Program PO BOX 8486, Willow Oak Bldg. Harrisburg, PA 17105-8486 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants the last recorded holder of every mortgage 4048 Seneca Avenue Camp Hill, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: April 24, 2010 UDREN LAW OFFICES, P.C. BY : G~y,~/~ Attorneys fo aintiff MARK. J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ~~ UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 `,_ Fib ; :--, ,.-;_ , LORRAINE DOYLE, ESQUIRE - ID #34576 . = T'~ ; ~• ;~.~,as~,~ ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 2~(t~ a`r't i' -~ ~,~~ C ; ~~~ WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 2 0 0 G~"J - .t ;~'~~f CHERRY HILL, NJ 08003-3620 r~'-'" 856-669-5400 pleadings@udren.com Taylor, Bean & Whitaker Mortgage € COURT OF COMMON PLEAS Corp. : CIVIL DIVISION Plaintiff : Cumberland County v. : MORTGAGE FORECLOSURE Kelly D. Green, Executrix of the € NO. 09-4642 Estate of Michael T. Green (Last Record Owner) Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kelly D. Green, Executrix of the Estate of Michael T. Green (Last Record Owner) 912 Gobin Drive Carlisle, PA 17013 Your house (real estate) at 4048 Seneca Avenue, Camp Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on September 8, 2010, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $140,134.32, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ~.. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 rv-. ~ LORRAINE DOYLE, ESQUIRE - ID #34576 `--`~` ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ~~~~~.',~~`~' _~ #=~,~ ~; ~~ WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 ^~'~ ~ CHERRY HILL, NJ 08003-3620 s L ,`.; 1 _,;' ~;;`~, 856-669-5400 pleadingsC~udren.com Taylor, Bean & Whitaker Mortgage Corp. :COURT OF COMMON PLEAS Plaintiff =CIVIL DIVISION v. :Cumberland County :MORTGAGE FORECLOSURE Kelly D. Green, Executrix of the =NO. 09-4642 Estate of Michael T. Green (Last Record Owner) Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kelly D. Green, Executrix of the Estate of Michael T. Green (Last Record Owner) 141 B Street Carlisle, PA 17013 Your house (real estate) at 4048 Seneca Avenue, Camp Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on September 8, 2010, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $140,134.32, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate actioa: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) r YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 .UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 f - L ' t' ,~ T~ f ~ -,, ~~~.~Y ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ZQ~~ ~`t -~t _~ ~~:+ ~; ~~ WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 ~,~;_ n,,r' ~~ : ~ 1' ~ CHERRY HILL, NJ 08003-3620 t,~~r _. ~~ , . _, ~ ~ ;`, 856-669-5400 pleadings@udren.com Taylor, Bean & Whitaker Mortgage Corp. €COURT OF COMMON PLEAS Plaintiff ;CIVIL DIVISION v• `_Cumberland County ?MORTGAGE FORECLOSURE Kelly D. Green, Executrix of the NO. 09-4642 Estate of Michael T. Green (Last Record Owner) Defendant (s) NOTICE OF SHERIFF'S SALE OF_REAL PROPERTY TO: Kelly D. Green, Executrix of the Estate of Michael T. Green (Last Record Owner) Midway Bowling Center and Lounge 1561 Holly Pike Carlisle, PA 17015 Your house (real estate) at 4048 Seneca Avenue, Camp Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on September 8, 2010, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $140,134.32, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate actioa: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) .YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsC~udren.com Taylor, Bean & Whitaker Mortgage Corp. Plaintiff v. Kelly D. Green, Executrix of the Estate of Michael T. Green (Last Record Owner) Defendant(s) ATTORNEY FOR PLAINTIFF ~f ~~ ~ - -: i ~. ~,~ rE ~ , \ ..;;,~, COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 09-4642 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kelly D. Green, Executrix of the Estate of Michael T. Green (Last Record Owner) 3 Hill Street Mount Holly Springs, PA 17065 Your house (real estate) at 4048 Seneca Avenue, Camp Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on September 8, 2010, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $140,134.32, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate actioa: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 " UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Taylor, Bean & Whitaker Mortgage Corp. :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION c'~ €Cumberland Countyr Kelly D. Green, Executrix of the -~= Estate of Michael T. Green ( Last €NO. 09-4642 ~ ~ cn Record Owner) "_-~;- De f endant (s ) '' PRAECIPE TO SUBSTITUTE VERIFICATION - -; ' .~~ ~ TO THE PROTHONOTARY: ~~ Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: April 24, 2010 UDREN LAW OFFICES, P.C. ~... BY : ~ - ~ --r, Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ~_l T, .a ~~:; 7; ~_ =, ~~; ;:.,.. -~ V E R I F Y CAT I O N The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date`, :i ~ 1-a 1~'~?f~g "°~` T-- ~~ Name . I.es ie Tit 1 e : Vice President Company: T~01'~~~ Michael T. Green (Last Record Owner) Loan #0001849939 MJU #09070055-1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-4642 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TAYLOR, BEAN & WHITAKER MORTGAGE CORP., Plaintiff (s) From KELLY D. GREEN, Executrix of the Estate of MICHAEL T. GREEN (last record owner) (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $140,134.32 L.L.$.50 Interest from 4/25/10 to 9/8/10 ongoing per diem of $21.85 to actual date of sale including if sale is held at a later date -- $2,993.45 Atty's Comm Due Prothy $2.00 Atty Paid $186.70 Other Costs Plaintiff Paid Date: 5/5/10 f David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: LORRAINE DOYLE, ESQUIRE Address: UDREN LAW OFFICES, PC WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUTIE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 34576 AUG 24 Lu,J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Taylor, Bean & Whitaker Mortgage Corp. Plaintiff NO. 09-4642 V. Kelly D. Green., Executrix of the Estate of Michael T. Green (Last Record Owner) Defendant(s) O R D E R AND NOW, this 2 y' day of /-6ra4 r , 2010, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Notice of Sale and all subsequent pleadings on Defendant(s), Kelly D. Green Executrix of the Estate of Michael T. Green(Last Record owner), shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Notice of Sale and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant (s) , Kelly D. Green Executrix of the Estate of Michael T. Green(Last Record Owner) at, 3 Hill Street Mount Holly Springs, PA 17065 and 1561 Holly Pike, Carlisle, PA 17015 and by posting the mortgaged premises located at 4048 Seneca Avenue Camp Hill, PA 17011. BY THE COURT: TX J. c rrz 'cf tt 2 r : tv cn t +r = .MI. 00 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 _ C" -4 856-669-5400 ' ro ?' Taylor, Bean & Whitaker Mortgage Corp. :COURT OF COMMON PLE?'W- :. 1417 North Magnolia Avenue ;CIVIL DIVISION FL 34475-9078 Ocala Cumberland County , Plaintiff .? co V. Kelly D. Green, Executrix of the Estate of - Michael T. Green ( Last Record Owner) NO. 09-4642 912 Gobin Drive Carlisle, PA 17013 Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: September 30, 2010 UDREN/-/O&X LAWOFFICES, P.C. BY: "-R- Attbrneys for Pltiff MARK J. UDREN, E UIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 .com Taylor, Bean & Whitaker Mortgage Corp Plaintiff V. Kelly D. Green, Executrix of the Estate of Michael T. Green ( Last Record Owner) Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 09-4642 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Taylor, Bean & Whitaker Mortgage Corp., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4048 Seneca Avenue, Camp Hill, PA 17011 1. Name and address of Owner(s) or reputed Owner(s): Name Address Kelly D. Green, Executrix of the Estate of Michael T. Green (Last Record Owner) 912 Gobin Drive Carlisle, PA 17013 141 B Street Carlisle, PA 17013 3 Hill Street Mount Holly Springs, PA 17065 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the of record: Name Taylor, Bean & Whitaker Mortgage Corp. Mortgage Electronic Registration Systems, Inc. last recorded holder of every mortgage Address 1417 North Magnolia Avenue Ocala, FL 34475-9078 P.O. Box 2026 Flint, MI 48501-2026 5. Name and address of.every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. Domestic Relations Section Commonwealth of PA, Department of Revenue Commonwealth of PA Bureau of Individual Tax Internal Revenue Service Special Procedures Branch Dept. Of Public Welfare 1 Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 Inheritance Tax Division, 6th Floor Strawberry Square, Dept. 280601 Harrisburg, PA 17128 Federated Investors Tower 1001 Liberty Avenue, 13th Floor Suite 1300, Pittsburgh, PA 15222 TPL Casulty Unit Estate Recovery Program PO BOX 8486, Willow Oak Bldg. Harrisburg, PA 17105-8486 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 4048 Seneca Avenue Camp Hill, PA 17011 Keewaydin HOA/PUD Camp Hill, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: September 30, 2010 UDREN LAW OFFICES, P.C. BY: (:? Attorneys for P intiff MARK J. UDREN, QUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Taylor, Bean & Whitaker Mortgage Corp Plaintiff V. Kelly D. Green, Executrix of the Estate of Michael T. Green ( Last Record Owner) Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-4642 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Kelly D. Green, Executrix of the Estate of Michael T. Green ( Last Record Owner) PROPERTY: 4048 Seneca Avenue Camp Hill, PA 17011 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on September 8. 2010, at 10:00 am, at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. 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WOODCREST CORPORATE CENTER 111 WOODCREST ROAD SUITE 200 CHERRYHILL, NEW JERSEY 08003-3620 856-669-5400 FAX. 856-669-5399 FREDDIE MAC PENNSYLVANIA DESIGNATED COUNSEL PLEASE RESPOND TO NEW JERSEY OFFICE Prothonotary of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Taylor, Bean & Whitaker Mortgage Corp. PENNSYLVANIA OFFICE vs. Kelly D. Green, Executrix of the Estate of Michael T. Green ( Last Record Owner) Cumberland County C.C.P. No. 09-4642 Dear Prothonotary: In connection with the above file, enclosed please find Praecipe to File Proof of Service for filing. Also enclosed is an extra copy of the Praecipe to be time stamped and returned in the enclosed self-addressed stamped envelope. Thank you for your assistance with this matter. Since ours, Daniel el in Forecloure Specialist /dad Enclosure CC: Sheriff of Cumberland County 1' . B 'A H 6 1 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Taylor, Bean & Whitaker :COURT OF COMMON PLEAS Mortgage Corp. :CIVIL DIVISION 1417 North Magnolia Avenue :Cumberland County Ocala, FL 34475-9078 Plaintiff :NO. 09-4642 V. Kelly D. Green, Executrix of the Estate of Michael T. Green ( Last Record Owner) 912 Gobin Drive Carlisle, PA 17013 De f endant (s) PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. Date: September 30, 2010 UDREN LAW OFFICES, P.C. BY - /&-y' ?- Attorneys f Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA; ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE 5 exp. ;:6l,?h Niarigav Corp., et. ai- Vlaain itlW ks, t ii, ? se€ 3 . ?cCUtriS tf ESLrte If NI;Ch!!ei'I Grecla. V:. ai. Dt' ell 0;1; 1 11P) DREN LANK OFFICES Ms. Dpuidle De%iiv, i l t} oodcrest Rd., Ste. 200 " <11 -Y lfill"S'J #iSOV-3622) A PS interuational, Ltd. ,%PS File #; AFFIDAVIT OF SERVICE -- ndividux d seraia.. of Process J»:. __i,elly D Green, Executru'. w vi, , Niidtacl `i°, C:ouri C asp No. 09-4t+42 w NaBTne of Scr t': , i _ f<' _ l rta ?? lili erl! r T v lT 4 5 ; F, c i ?I`t' time o3Tf TVI?E ;'; =ii _t::,1 ( and not it 1?8l 1 f; D ite'rinic of Service: day' of N1 mace ',un c:i Avenue it 1 r,?- lfir P 5 _:7011 t?(1euei ^R' '?c-n C(3: cry: nod seg. t `?i,ace ? - SiaCrifl's ?:ile ++CRe:?I P ?(!t_,ti ??; f?r,aer `?a:a`viuz? a?f'luce?'s tna: kt:]i, D. GT'con, FxeculriN tilt I.S%)tE of Micll;10 4. tkttcii hj' po"Iin"a - - - - f's r. , r .i, and o' _ i t itiE't F3v deli' -inn them !tltc, ll , h ami d f_\ ? person, Of suitable age, cubio verified. or t ll .:nc, .;4iE }r in stated, that lie She t: wlii i F.OK D. Green, xtcutri?, cif the E 3: D` M ,'Imd T. Green bs' posting z he place of service a-d whose v) the person is. Dvsc 1 iiiir'•;c of Person The person r`111: iL •it? ClC? ti:T .;li is 5: i!•.Ci'Citi"t r!° l){l G. i3 (ti s.'ls4S: Sex -S .:;E Approx. Age Apprc? Apprc <_ r, i0 the besi 07 ':1 said person wa.,? notetigaged " fl'Lr:',11irr1rv at L,r .`t!'_ C}t fit!a ri Un ( nd--- ?n€V (, ,Or L?i7*l"`IiUe ?l2d cc-rre dil s k. Imernatfori. 1. Ltd- [XX,AMO\,-- -)r PENNSYLVANIA Seal }rotary Public :r11?nb kZ >s Jut -12 -a te . • ? '`w _ , otanes MARS J. UDREN* STUART WINNEG** LORRAINE DOYLE** ALAN M. MINATO' CHANDRA M. ARSEMA*** LOUISA. S1MONI*** ADAM L. SA YES** MARGUERITE L. THOMAS*** • ADMITTED N!, PA, FL •• ADMITTED PA ... ADMITTED NJ, PA TINA MARIE RICH OFFICEADMINISTRATOR October 6, 2010 UDREN LAW OFFICES, AC. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD SUITE 200 CHERRYHILL, NEW JERSEY 08003-3620 856. 669. 5400 FAX. 856. 669. 5399 FREDDIE MAC PENNSYLVANL4 DESIGNATED COUNSEL PLEASE RESPOND TO NEW JERSEY OFFICE Prothonotary of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 PENNSYLVANIA OFFICE I3=3 Re: Taylor, Bean & Whitaker Mortgage Corp. VS. Kelly D. Green, Executrix of the Estate of Michael T. Green Last Record Owner) Cumberland County C.C.P. No. 09-4642 Dear Prothonotary: In connection with the above captioned matter, enclosed please find Verification of Service by Certified Mail and Regular Mail Pursuant to Court Order. I have enclosed a copy of the first page to be time stamped and returned in the enclosed self-addressed stamped envelope. Thank you for your assistance with this matter. Sincerely yours, Danielle Devlin Foreclosure Specialist /dad Enclosures UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF Taylor, Bean & Whitaker :COURT OF COMMON PLEAS Mortgage Corp. :CIVIL DIVISION 1417 North Magnolia Avenue ':Cumberland County Ocala, FL 34475-9078 Plaintiff V. Kelly D. Green, Executrix of the Estate of Michael T. Green =NO. 09-4642 ( Last Record Owner) 912 Gobin Drive Carlisle, PA 17013 Defendant(s) VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter he mailed a true and correct copy of the Notice of Sale to Defendant(s), by certified mail and regular first class mail, to the last known address of Defendant(s) as follows: DATE MAILED: 9/1/2010 Kelly D. Green, Executrix of the Estate of Michael T. Green ( Last Record Owner) 3 Hill Street Mount Holly Springs, PA 17065 1561 Holly Pike Carlisle, PA 17015 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: October 6, 2010 UDREN LAW OFFICES, P.C. BY: 6 AttornKysor P1 intiff Y MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE. V' N Y E i; N?- a Om NLL O Q [? N o, ° ? N S ?LL l6 Am ? E.Q c m d ao ?' i c E its ca dp E ? O N? s w ?U O C `?> Y ? O C N 9 ?N N d ? ? ESL pL Q7 $a' =U Cl a. m m CL ? ? N d aw-ra a u 0 w d °° °o N O v4Z ? o°C U3 cr-OU = r 39VIsod sn 00080 woJj paVew 060ZAO/60 00c' m $ 9ti%6 99ZHW 0, y? N 3 Q W? W is s° 00 l6 o CA ../ In i v, ?i 4 W m o W in (6i - t Z ?' Z m= d a m = ?__?O m•?`?i aZ d ' N cV 0 Z S >v ro V O ? a o c O G Ego O i c. i ? 1 0 ?r acs., ?1 ?G t I ti )In Z o y uo °E ? O a td {Y ? W $? rn O z? ? L o? CD d K N ty W 0. t H ? N vi E `a G N Q o N 4" T co 5' c7 `4 %?_.?xmb. 4 r AUG P A Pin IN TH8 cOURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Taylor, Bean & Whitaker Mortgage Corp. Plaintiff ::NO. 09-4642 V. Kelly D. Green, Executrix of the Estate of Michael T. Green I f (Last Record Owner) J Defendant(s) O R DE?R AND NOW, this ,-)y4k day of Uyjr5-?-- 2010, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Notice of Sale and all subsequent pleadings on Defendant(s), Kelly D. Green Executrix of the Estate of Michael T. Green (Last Record owner), shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Notice of Sale and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant(s), Kelly D. Green Executrix of the Estate of Michael T. Green (Last Record Owner) at, 3 Hill Street Mount Holly Springs, PA 17065 and 1561 Holly Pike, Carlisle, PA 17015 and by posting the mortgaged premises located at 4048 Seneca Avenue Camp Hill, PA 17011. BY THE COURT: Ve j J J. 1FtuE'i 0M. flE+CORD sn.,rreo sat my hard Q - 20..1& Certified Mail Provides: ¦ A mailing receipt • A unique identifier for your mailpiece ¦ A record of delivery kept by the Postal Service for two years Important Reminders: ¦ Certified Mail may ONLY be combined with First-Class Maile or Priority Maile. ¦ Certified Mail is not available for any class of international mail. ¦ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider insured or Registered Mail. ¦ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, phase complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece'Return Receipt Requested'. To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. • For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement 'Restricted Delivery'. ¦ if a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. if a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 v CD ? a s o. U U ? tl) a %all 0- y M C ii O (D"D L. O co O OW C Q ?? a U J V) X ... .U r O C tf) 050- D7-d>0 ]mrc lti tit •D I r:0 -I .0 M RJ 01 C] O C] O Er ru 0 C] r9 O r`- E z m ?d N ~i C t '??ryry ru' ,,y a`seH off IunoW OL1 dd.s u?a S a?a??S 1?!H £ So o ? ' 00 ?9 uaa??J 1 ta+eyll ._- a C3 a Isiel ) aa}cJ . Q o ?u tyaumo au1 tOa u?noax3 u © N }o aaaas3 ? y aBesg°d ?°1 -0 ?v tom+"tw?d p v ea3 N 3) 0 O Pwvn nWm? p C3 i e,eE+ 98:1 PWOOO III t1J ti ?81Waod $ ? ? s Ca 'Q' W r cl.02 vi vo t> to ?cz % U 3?°or 3 y? U W L) vo`X- ?o 0 w W C7 d wr ? ? N H U 'N p to rwt H Certified Mail Provides: ¦ A mailing receipt ¦ A unique Identifier for your mailpiece ¦ A record of delivery kept by the Postal Service for two years Important Reminders: ¦ Certified Mail may ONLY be combined with First-Class Mails or Priority Mails. ¦ Certified Mail is not available for any class of international mail. ¦ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ¦ For an additional fee, a Return R&cW may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 311111 to the article and add applicable postage to cover the fee. Endorse mailpiece Return Receipt Requested'. To receive a fee waiver for a duplicate return receipt, a USPSe postmark on your Certified Mail receipt is required. ¦ For an additional tee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement 'Restricted-Detivery". ¦ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, August 20D8 (Reverse) PSN 7530-02-00n-9047 ---I[ j 0 _m d U dX fie) > a 0C_ °0 I H m Ci CEL..w ? a IV av 2:1. C M ? C O a ¦° ¢ o` Z ?? r 0 a fi 0 H m V dr 12 cc Its rw ? ? O- ¢a) C Wo 1t-2 O o aa) X rr L)CU UJ X? X wC: 0 /a?C9a V ?T 0y?2? Y ? ? c`ts U VOW L31 j ?I p- m C3 = fem. s C3 C3 CD C7 C3 tr C3 C3 r%_ ¢ E m ¢ 8 I A I i m T Z L. M 0 N am 3 c 0 ` n a,< 37 4?jc2 0 +: o tL r aalsseH - - , A " iW" - 9 LOL b d 91s!!Je0 GM!d ^IIoH L996 dm (jaumo pjooa?j }se-l ) uaaJo - 1 IaegolVi jo aleis a o x no9x `uaaj • ' a -J o o a a =MMM -- •lI'l'llIw? 3 yj j pj 3 o Q II )! .0 -D -?? a -19 essMd Ill O 0 O O (pailnboU W-- opu3) esti A-vrea Pappmu G M euey (Peynbou w--c)pu3) weuA?d 669 A-11 uuued GG e O o O p O o O O O .r?w?.. J P 1W O $ GBWOd X7 w C3 0 -P w C3 0 [r a E-' Er C3 L? .n -u w ui z a0Qc) ? r- CC m p W Z OccU=J g o¢ cc i = 0 0 v v ?J 44 ? rn a ° ?-t R? }4 U N v -- ?J W 4) 4) r-I U ??o C) tn' v ? •.a o b ? w ? 0 O O r?`I • a> c'4 r-a v (x -4 ra Ul s H ra r l M 'a to k Q) a •,i in rd ?4 Z 4 U N lI?I q 3 f ( NOV 0 31UtU D' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION ~-,, Taylor, Bean & Whitaker ,mow _ ~' ~ _~ -r ~~....-' ~ Mortgage Corp . -_ =~ "~" Plaintif f `c>~%~~~ ~ '~' ~~ v, NO. 09-4642 ~:"~ ~~ ~"~ Kelly D. Green Executrix of ""~=`"' ~"' == ~ the Estate of Michael T. Green _,Y~~,~µ ~ + { Last Record Owner ) ~ - -~~, ;~ >_ Defendant (s ) ~~' ~.; O R D E R AND NOW, this 3j day of November, 2010, after consideration of Plaintiff's Petition for Postponement of Sheriff's Sale of the mortgaged property located at 4048 Seneca Avenue, Camp Hill, PA 17011, it is hereby ORDERED that the said Sale currently scheduled far November 3, 2010, is extended 2 (two} month{sy to the regularly scheduled Cumberland County Sheriff's Sale scheduled for January 5, 2011. No further advertising or additional notice to lienholders or Defendant{s) is required provided the postponement is announced at the November 3, 2010 Sheriff's Sale. BY THE COURT: ~~ J. TO: Ke11y D. Green, Executrix / of the Estate of Michael T. ` Green ( Last Record Owner} 3 Hill Street Mount Ho11y Springs, PA 17065 and CUPS. C~ 1561 Holly Pike '{~'"' ` to Carlisle, PA 17015 ~ Udren Law Offices, P.C. 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 Attn: Sale Department r4,0 +~ ~e ~ i re{ Office of the Sheriff ,~` Cumberland County Courthouse (,..~ ~tL' . One Courthouse Square ~'1 Carlisle, PA 17013-3387 y SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Taylor Beam & Whitaker Mortgage Corp. vs. Kelly D Green ?4?rtt5? ct 4?ttrr??r???t? Case Number 2009-4642 SHERIFF'S RETURN OF SERVICE 06/26/2010 11:01 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 6-26-2010 at 1058 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kelly D. Green, located at, 4048 Seneca Avenue, Camp Hill, Cumberland County, Pennsylvania according to law. 09/01/2010 As directed by Lorraine Doyle, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/6/2010 09/10/2010 As directed by Lorraine Doyle, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/3/2010 11/03/2010 As directed by Lorraine Doyle, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/5/2011 01/05/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, PA on January 5, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Attorney Lorraine Doyle, on behalf of Federal Home Loan Mortgage Corporation, 8000 Jones Branch Drive, McLean, VA 22102, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,121.94 SO ANSWERS, March 14, 2011 RON R ANDERSON, SHERIFF ?Cj Counh,Suitw. She,tl. n+t?.?s?i6 ao?td.Cc- ??? 9gd UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. F UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE •- ID #34576 ALAN M. MINATO, ESQUIRE •- ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Taylor, Bean & Whitaker Mortgage Corp. :COURT OF COMMON PLEAS Plaintiff: :CIVIL DIVISION V. :Cumberland County :MORTGAGE FORECLOSURE Kelly D. Green, Executrix of the :NO. 09-4642 Estate of Michael T. Green ( Last Record Owner) Defendant: (s) AFFIDAVIT PURSUANT TO RULE 3129.1 Taylor, Bean & Whitaker Mortgage Corp., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4048 Seneca Avenue, Camp Hill, PA 17011 1. Name and address of owner(s) or reputed Owner(s): Name Address Kelly D. Green, Executrix; of the Estate of Michael T. Green (Last Record Owner) 912 Gobin Drive Carlisle, PA 17013 141 B Street Carlisle, PA 17013 Midway Bowling Center and Lounge 1561 Holly Pike Carlisle, PA 17015 3 Hill Street Mount Holly Springs, PA 17065 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage i of record: Name Address Taylor, Bean & Whitaker 1417 North Magnolia Avenue Mortgage Corp. Ocala, FL 34475-9078 Mortgage Electronic P.O. Box 2026 Registration Systems, Inc. Flint, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue Commonwealth of PA Bureau of Individual Tax Internal Revenue Service Special Procedures Branch Dept. Of Public Welfare 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 Inheritance Tax Division, 6th Floor Strawberry Square, Dept. 280601 Harrisburg, PA 17128 Federated Investors Tower 1001 Liberty Avenue, 13th Floor Suite 1300, Pittsburgh, PA 15222 TPL Casulty Unit Estate Recovery Program PO BOX 8486, Willow Oak Bldg. Harrisburg, PA 17105-8486 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 4048 Seneca Avenue Camp Hill, PA 17011 I verify that the statements made in this affidavit are true and correct'to the.best-of my personal knowledge or information and belief. I understand that false statements herein are made subject to the-penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: April 24, 2010 UDREN LAW OFFICES, P.C. BY: Attorneys foxes aintiff MARK.J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern side of Seneca Avenue, two hundred,i3ghty and s ;:W. even one-hundredths (280.07) feet west of the northwest corn f S er o eneca Avenue and Oneida Road, said point also being at the dividing line bet L ween ots Nos. 21 and 22 on Plan of Lots hereinafter mentioned; thence South fifty-eight (58) degrees forty (40) minutes West along the northern side of Seneca Avenue,, fifty-six (56) feet to a point at the dividing line between'Lots Nos 20 . and 21 on said Plan: thence North thirty-one (31) degrees twenty (20) mi nutes West along said dividing line, one hundred seventy-one and ninety-nine one-hundredths (171 99) . feet to a point; thence North fifty-eight, (58) degrees thirty (30) minutes-East fifty-six (56) feet to a point at the dividing line betw n L ee ots Nos. 21 and 22 on said Plan; thence South thirty-one (31) degr es t e wenty (20) minutes East along said diviEng line, one hundred seventy-two and sixteen one-hundredths (172.16) feet to a point on th e northern side of Seneca Avenue, the place of BEGINNING. , .. BEING Lot No. 21 on plan of Reewaydin, recorded in the Recorder of Deeds in and for Cumberland county 4, Pages 42 and 87. ..., .IS! ± the Office of in Plan Book HAVING ERECT$D THERWH a dwelling house being ]down and numbered as 4048 Seneca Avenue, Camp Hill, Penm ylvania. MMER AND SUBJECT to restrictions and reservations of record. Tome2mm with all and singular the rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging or ;. in anywise appertaining, and the reversions and remai•nd?rs, rents, issues and profits thereof, and:all the estate, right, ?•.title, interest, property, claim and demand whatsoever of the said his at and iimediately before the time of his decease, in b.hg law or equity or otherwise howsoever, of, in, to or out of the ?'? same : i t*: BEING KNOWN AS: 4048 Seneca Avenue Camp Hill, PA 17011 PROPERTY ID NO.: 13-23-0555-093 TITLE TO SAID PREMISES IS VESTED IN MICHAEL T. GREEN, SINGLE PERSON BY DEED FROM RUSSELL A. KOCH, EXECUTOR OF THE LAST WILL AND TESTAMENT OF KENNETH V. KOCH, LATE DATED 06/27/10 RECORDED 06/29/10 IN DEED BOOK 280 PAGE 3591. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF -? ,.,MAR. J. UDREN, ESQUIRE = ID #04302 STUART WINNEG., ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Taylor, Bean & Whitaker Mortgage :COURT OF COMMON PLEAS Corp. :CIVIL DIVISION Plaintiff =Cumberland County V. 'MORTGAGE FORECLOSURE Kelly D. Green, Executrix of the :NO. 09-4642 Estate of Michael T. Green (Last Record Owner) Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kelly D. Green, Executrix of the Estate of Michael T. Green (Last Record Owner) 912 Gobin Drive Carlisle, PA 17013 Your house (real estate) at 4048 Seneca Avenue, Camp Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on September 8, 2010, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $140,134.32, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU ,MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern side of Seneca Avenue, two hundred, j ghty and seven one-hundredths (280.07) feet west of the northwest corner of Seneca Avenue and Oneida Road, said point also being at the dividing line between Lots Nos. 21 and 22 on Plan of Lots hereinafter mentioned; thence South fifty-eight (58) degrees forty (40) minutes West along the northern side of Seneca Avenue,. fifty--six (56) feet to a point at the dividing line between'Lots Nos. 20 and 21 on said Plan. thence worth thirty-one (31) degrees twenty (20) minutes West along said dividing line, one hundred seventy-one and ninety-nine ore-hundredths (171.99) feet to a point; thence North fifty-eight, (58) degrees thirty (30) minutes-East fifty-six (56) feet to a point at the dividing line between-Lots Nos. 21 and 22 on said Plan; thence South thirty-one (31) degrees twenty (20) minutes East along said dividing line, one hundred seventy-two and sixteen one-hundredths (172.16) feet to a point on the northern side of Seneca Avenue, the place of BEGINNING. BEING Lot No. 21 on Plan of Reewaydin, recorded in the Recorder of Deeds in and for Cumberland County 4, Pages 42 and 87. the Office of in Plan Book RAVING ERECTED THEREON a dwelling house being known and numbered as 4048 Seneca Avenue, Camp Hill, Pennsylvania. UNDER AND SUBJECT to restrictions and reservations of record. 8 with all and singular the rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging or in anywise appertaining, and the reversions and reminders, rents, issues and profits thereof, and all the estate, right, ?d title, interest, property, claim and demand whatsoever of the said his at and i=ediately before the time of his decease, in +.T law or equity or otherwise howsoever, of, in, to or out of the 1.'? ?• 'bl BEING KNOWN AS: 4048 Seneca Avenue Camp Hill, PA 17011 PROPERTY ID NO.: 13-23-0555-093 TITLE TO SAID PREMISES IS VESTED IN MICHAEL T. GREEN, SINGLE PERSON BY DEED FROM RUSSELL A. KOCH, EXECUTOR OF THE LAST WILL AND TESTAMENT OF KENNETH V. KOCH, LATE DATED 06/27/10 RECORDED 06/29/10 IN DEED BOOK 280 PAGE 3591. WRIT O.F EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-4642 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TAYLOR, BEAN & WHITAKER MORTGAGE CORP., Plaintiff (s) From KELLY D. GREEN, Executrix of the Estate of MICHAEL T. GREEN (last record owner) (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $140,134.32 L.L.$.50 Interest from 4/25/10 to 9/8/10 ongoing per diem of $21.85 to actual date of sale including if sale is held at a later date -- $2,993.45 Atty's Comm % Due Prothy $2.00 Atty Paid $186.70 Other Costs Plaintiff Paid Date: 5/5/10 David D. Buell, l1rothonotary (Seal) By: REQUESTING PARTY: Deputy Name: LORRAINE DOYLE, ESQUIRE Address: UDREN LAW OFFICES, PC WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUTIE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 34576 On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 4048 Seneca Avenue, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: ?(-NU-L? A4 act_C?- Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a-legal periodical published in the Borough of Carlisle in the County and.State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: Jul 16, July 23, and July 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L' a Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 0 da of Jul 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Way Public [CARLISLE B0R0m, CUMBERLAND COUNTY Y Cm ask" Elias Apr 28.2014 Writ No. 2W9-4441 Civil Taylor Beam 8s Whitaker Mortgage Corp. VS. Kelly D. Green Executrix of the Estate of Michael T. Green Atty.: Lorraine Doyle ALL THAT CERTAIN piece or parcel of land situate in Lower Al- len Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern side of Seneca Avenue, two hundred eighty and seven one- hundredths (280.07) feet west of the northwest corner of Seneca Avenue and Oneida Road, said point also being at the dividing line between Lots Nos. 21 and 22 on plan of lots hereinafter mentioned; thence South fifty-eight (58) degrees forty (40) min- utes West along the northern side of Seneca Avenue, fifty-six (56) feet to a point at the dividing line between Lots Nos. 20 and 21 on said plan; thence North thirty-one (31) degrees twenty (20) minutes West along said dividing line, one hundred seventy- one and ninety-nine one -hundredths (171.99) feet to a point; thence North fifty-eight (58) degrees thirty (30) minutes East fifty-six feet to a point at the dividing line between Lots Nos. 21 and 22 on said plan; thence South thirty-one (31) degrees twenty (20) minutes East along said dividing line, one hundred seventy-two and sixteen one-hundredths (172.16) feet to a point on the northern said of Seneca Avenue, the PINA Of BMGI 'NM'G- BUING Lot No. 21 on plan of Keewaydin, recorded in the Office of the Record of Deeds in and for CuasberWad County in Plan Book 4, pyres 42 rind 87. HAVING ERECTED THEREON a dwelling house being known and numbered as 4048 Seneca Avenue, Camp Hill, Pennsylvania. UNDER AND SUBJECT to restric- tions and reservations of record. TOGETHER with all and singu- lar the rights, liberties, pY nlleges, hereditaments and appurtenances whatsoever thereunto belonging or anywise appertaining, and the rever- sions and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, claim and demand whatsoever of the said his at and immediately before the time of his decease, in law or equity or otherwise howsoever, of, in, to or out of the same. :,Nsz10J k ?A?vC????lda? ;attol?+ ?ryt`;:.J u??.1g?8Mli^ ,Ni1U?38t» is?<a+,?? The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Z4fPahiot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th. 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/09/10 07/16/10 07/23/10 Sworn to and,CP bed before me this-06 of August, 2010 A. D, Nota Publi COMMQNWEALTH OF PENNSYLVANIA Notarial Seal --, Sherrie L. Kisner, Notary Public Lower Paxton Twp,, Dauphin County My Commisslon Ares Nov. Membe,, p, , ---. 2b, 2011 nn r ?ania Associatrpn of 'Notaries Writ No. 2009-4642 Civil Term Taylor Boon & Whitaker Corp Vs Kelly D Green Executrix of the Estate of Michael T. Green Atty: Lorraine Doyle ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDEDAND DESCRIBEDAS FOLLOWS. TO WIT: BEGINNING AT A POINT ON THE NORTHERN SIDE OF SENECA AVENUE, TWO HUNDRED EIGHTY AND SEVEN ONE-HUNDREDTHS (280.07) FEET WEST OFTHENORTHWESTCORNEROF SENECA AVENUE AND ONEIDA ROAD, SAID POINT ALSO BEING AT THE DIVIDING LINE BETWEEN LOTS NOS. 21 AND 22 ON PLAN OF LOTS HEREINAFTER MENTIONED; THENCE SOUTH FIFTY-EIGHT (58) DEGREES FORTY (40) MINUTES WEST ALONG THE NORTHERN SIDE OF SENECA AVENUE, FIFTY-SIX (56) FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS NOS. 20 AND 21 ON SAID PLAN; THENCE NORTH THIRTY-ONE (31) DEGREES TWENTY (20) MINUTES WEST ALONG SAID DIVIDING LINE, ONE HUNDRED SEVENTY-ONE AND NINETY-NINE ONE -HUNDREDTHS (171.99) FEET TO A POINT; THENCE NORTH FIFTY--EIGHT (58) DEGREES THIRTY (30) MINUTES EAST FIFTY-SIX FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS NOS. 21 AND 22 ON SAID PLAN; THENCE SOUTH THIRTY-ONE (31) DEGREES TWENTY (20) MINUTES EAST ALONG SAID DIVIDING LINE, ONE HUNDRED SEVENTY-TWO AND SIXTEEN ONE-HUNDREDTHS (172.16) FEET TO A POINT ON THE NORTHERN SAID OF SENECA AVENUE, THE PLACE OF 1EGE00G. BEING LOT NO. 21 ON PLAN OF KEEWAYDIN, RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOP CUMBERLAND COUNTY IN PLAN BOOK 4, PAGES 42 AND 87. HAVING ERECTEDTHEREONA DWELLING HOUSE BEING KNOWN AND NUMBERED AS 4048 SENECA AVENUE, CAMP HILL, PENNSYLVANIA. UNDER AND SUBJECT TO RESTRICTIONS AND RESERVATIONS OF RECORD. TOGETIR WITH ALL AND SINGULAR THE RIGHTS, LillMIES, PRIVILEGES, HEREDMAMENT'S ANDAPPURTENANCES WHATSOEVER THEREUNTO BELONGING OR IN ANYWfSE APPERTAINING, AND THE REVERSIONS AND REMAINDERS, RENTS. ISSUES AND PROFITS THEREOF, AND ALL 'THE ESTATE, RIGHT, TITLE, INTEREST, PROPERTY, CLAIM AND DEMAND WHATSOEVER OF THE SAID HIS AT AND IMMEDIATELY BEFORE THE TIME OF HIS DECEASE, IN LAW OR EQUITY OR OTHERWISE HOWSOEVER, OF, IN, TO OR OUT OF THE SAME: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Horn Ln Mtg Corp is the grantee the same having been sold to said grantee on the 5th day of January A.D., 2011, under and by virtue of a writ Execution issued on the 5th day of May, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 4642, at the suit of Taylor Bean & Whitaker Mtg Corp against Michael T Green extrix is duly recorded as Instrument Number 201108155. IN TESTIMONY WHEREOF, I have h reunto set my hand and seal of said office this l day of A.D. a dl/ of Deeds ft=dNdDaftCw 1hv1 edCaft0oftPA My 0onWft" 8*U IM FKM2 ftdJm.2M4