HomeMy WebLinkAbout01-1195~ J. UDREN & ASSOCIATES
BY: M&rk J. Udren, Esquire
&TTY I.D. NO. 04302
1040 N. EINaS HIaRWAY, SUITE 500
CHERRY H~LL, NJ 08034
856-482-6900
~as~ington Mutual B~n~, its
successors and assigns
P.O. Box 57038
Irvine, CA 92619-7038
Plaintiff
Vo
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
De fendant (s)
ATTORNEY FOR PLAINTIFF
: COURT OF COMMON PLEAS
~CIVIL DIVISION
:Cumberland County
COMPLAINT IN MORTGAGE FORECLOSURE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OH TELEPHONE TEE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN ~ET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
Le han demandado a usted en la corte. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene
veinte (20) dias de plazo al partir de la fecha de la demanda y la
notiflcaclon. 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.
LLEV~ ESTA DEMANDA A UNABO~ADO IMMEDIATAMENTE, SI NO TIENEABOGADO
0 SI NO TIENE EL DINERO SUFICIENTE DE PA~AR TAL SERVICIO, VAYA EN
PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 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 wit 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 ff different from the
current creditor.
If you notify us in writing within the 30 day period as stated above, we will cease collection
of your debt, or any disputed portion of it, until we obtain the information that is required
and mail it to you. Once we have mailed to you the required information, we will then
continue the collection of your debt.
This law firm is deemed to be a debt collector and this Notice and the attached document is
an attempt to collect a debt, and any information obtained will be used for that purpose.
LAW OFFICES OF MARK J. UDREN
/s/Mark J. Udren, Esquire
1040 N. Kings Highway, Suite 500
Cherry Hill, NJ 08034
(856) 482-6900
1. Plaintiff is the Corporation designated as such in the
caption on a preceding page. If Plaintiff is an assignee then it
is such by virtue of the following recorded assignments:
Assignor: Option One Mortgage Corporation
Assignee: Washington Mutual Bank, its successors and assigns
Recording Date: LOD~RD FOR RRCORDI~ Book: Page:
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
The information regarding the Mortgage being foreclosed is as
follows:
MORTGAGED PREMISES: 783 Longs Gap Road
MUNICIPALITY/TOWNSHIP/BOROUGH: North Middleton Township
COUNTY: Cumberland
DATE EXECUTED: 5/17/00
DATE RECORDED: 5/23/00 BOOK: 1613 PAGE: 859
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
refuses to comply with the terms of the Note as follows:
or
(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
2/20/01:
Principal of debt due and unpaid $91,910.74
Interest at 11.49% from 9/1/00
to 2/20/01
(the per diem interest accruing on
this debt is $28.93 and that sum
should be added each day after
2/20/01) 4,551.85
Title Report 250.00
Court Costs (anticipated, excluding
Sheriff's Sale costs) 280.00
Escrow Overdraft/(Balance)
(The monthly escrow on this account
is $0.00 and that sum should
be added on the first of each
month after 2/20/01) 0.00
Late Charges
(monthly late charge of $54.62
should be added on the fifteenth of
each month after 2/20/01) 273.10
Corporate Advance 96.00
Attorneys Fees (anticipated and actual
to 5% of principal)
TOTAL $101,957.23
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 $101,957.23 plus interest,
costs and attorneys fees as more fully set forth in the Complaint,
and for foreclosure and sale of the Mortgaged premises.
Mark J. Udren, ESQUIRE
MARK J. UDREN & ASSOCIATES
Attorney for Plaintiff
Attorney I.D. No. 04302
o~1~ THA~ ¢~TA~ loc or piece o~ land situate ~n North ~rddlecon
Tosmshlp, Cumberland County, Pennsylvania, bounded and d~sc~ibed £n
accordance with a survey and Plan thereo£ made by Thomas A. l~eff,
Ee&lsCered Surveyor, daced December 20, 1973, as follows:
BEGINNING ac a point in the center line of tonE's Gap Road,
Pennsylvania, Legislat£ve Route No. 21072. said point being 120
feet South o£ =he Sou=hern line of Hill=res= Avenue; =hence ex~ending
alon~ land 0f Wayne Caleman! being Loc No. ~2 on the hereinafter
menclo~d p£a. o£ lots Nor~ 72 d~rees 30 minutes East 160 £ee~ Co
~ point in line of land of Rober~ ~arpen=er;"'chence alo~& aa£d lend
South 17 degrees 30 m~nuces East 60 fee= ~o a corner of land of James
Eberly~ =hence along said land betnB LoC No. l& on said Plan. Sou=h
72 degrees 30 minu=es West 1~0 fee= ~o a point ~n the center line of
Lon§'e Gap Road aforesaid; chance alon8 sa~d can=er line Notch 17 ·
de,tees 30 minutes ~sC ~0 feet Co the po£nt and place of BEGINNING,
BEING LOT NO. 13 on a plan of lot's laid out by Amos D. Keck which
saSd plan is recorded in Plan Book l, Pa~e 52, Cumberland Councy
records.
HAVI3G thereon ere=ced a one story £ra~e ch~elling.
BEING the same premises which George R. ~e~s~er end Nellie E. ~eiscer
by their deed dated June 13, 1978 and recorded June 26, 1978 in and
for =he Recorder of Deeds of Cumberland County £n Deed Book ~, 17,
PaSs ,i~6, ~ranCed an~ conveyed unto ~tchard Brown and Joanna Brown,
O~an=ora herein named.
This craneaction ~e exempt from ~ransfer t~x a8 ~t ~a between husband
and trlfe ~nco w~£e alone.
December 04, 2000
OPTION
ONE
Joanne Brown
783 Longs Gap Rd
Carlisle, PA 17013
Homeowners Name: Joanne Brown
Property Address: 783 Longs Gap Rd, Carlisle PA 17013
Loan Account No.: 312209-0
Original Lender: OptLon One Mortgage
Current Lender/Servicer: Option One Mortgage Corporatio~
HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL
ASSISTANCE W~ICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MA/CE FUTURE
MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
* IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
* IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, ~
* IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to
a temporary stay of foreclosure on your mortgage for thirty (30)
days from the date of this Notice. During that time you must
arrange and attend a "face-to-face" meeting with one of the
designated consumer credit counseling agencies listed at the end
of this Notice.
THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO
NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE
YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO
DATE.
OPt71
Re: Loan No.
312209-0
CONSUMER CREDIT COUNSELING 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 you for thirty (30) days.after
the date of this meeting. The names, addresses and telephone numbers
of designated consumer credit counseling agencies for the county in
which the property is located are set forth at the end of this Notice.
It is only necessary to schedule one face-to-face meeting. Advise
your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default
for the reasons set f~rth later in this Notice (see following pages for
specific information about the nature of your default.) ° If you have
tried and are unable to resolve this problem with the lender, you have
the right to apply for financial assistance from the Homeowner's
Emergency Mortgage Assistance Program. To do so, you must fill out,
sign and file a completed Homeowner's Emergency Assistance Program
Application with one of the designated consumer credit counseling
agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the program and they will
assist you in submitting a complete application to the Pennsylvania
Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to~face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO
OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS
LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND
YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance
are very limited. They will be disbursed by the Agency under the
eligibility criteria established by the Act. The Pennsylvania
Housing Finance Agency has sixty (60) days to make a decision after
it receives your application. During that time, no foreclosure
proceedings will be pursued against you if you have met the time
requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your
application.
OP171
Re: Loan No. 312209-0
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLBECT
THE DEBT.
(If you have filed bankruptcy, you can still apply for
Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (BRING IT UP TO DATE).
NATURE OF THE DEFAULt.- The MORTGAGE debt held by the above lender on
your property located at:
783 Longs Ga~ Rd, Carlisle PA 17013
IS SERIOUSLY IN DEFAULT because:
ao
months and the following amounts are now past due:
(a) Monthly payments: 1 MONTHS @ $ 910.37
2 MONTHS @ $ 910.37
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
.(b) Previous late charges;
(c) Other charges; Escrow, Inspection,
NSF checks
(d) Other provisions of the mortgage obligation,
if any
(e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED
AS OF THIS DATE
2731.11
109.24
o.oo
o.oo
2840.35
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not
applicable):
HOW TO CURE THE DEFAULT - You may cure the default within thirty (30)
days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE
TO THE LENDER WHICH IS $2840.35, PLUS ~ MORTGAGE PAYMENTS
AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD.
Payments must be made either by cash, cashier's check, certified
check or money order made Dayable and send to:
Option One Mortgage Corporation
3 Ada
irvine, Ca. 92618
You can cure any other default by taking the
thirty (30) days of the date of this letter.
(applicable.)
following action within
(Do not use if not
0P172
Re: Loan No. 312209-0
OPTION
ONI~
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within
THIRTY (30) DAYS of the date of this Notice, the lender intends to
exercise its rights to accelerate the mortgaqe debt.
This means that the entire outstanding balance of this debt will be
considered due immediately and you may lose the chance to pay the
mortgage in monthly installments. If full payment of the total amount
past due is not made within THIRTY (30) DAYS, the lender also intends
to instrucZ its attorneys to start legal action to foreclose upon your
mortqaqed property.
IF THE MORTGAGE IS FORECLOSED UPON ~ The mortgaged propqrty will be
sold by the Sheriff to pay off the mortgage debt. If the lender refers
your case to its attorneys, but you cure the delinquency before the
lender brings legal proceedings against you, you will still be required
to pay the reasonable attorney's fees that were actually incurred, up
to $50.00. However, if legal proceedings are started against you, you
will have to pay all reasonable attorney's fees actually incurred by the
lender even if they exceed $50.00. Any attorney's fees will be added to
the amount you owe the lender, which may also include other reasonable
costs. If you cure the default within the THIRTY (30) DAY period, you
.will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the
unpaid principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not
cured the default within the THIRTY (30) DAY period and foreclosure
proceedings have begun, you still have the right to cure the default
and prevent the sale at any time up to one hour before the Sheriff's
Sale. You may do so by paying the total amount then past due, plus
any late or other charges then due, reasonable attorney's fees and
costs connected with the foreclosure sale and any other costs
connected with the Sheriff's Sale as specified in writinq by the
lender and by performing any other requirements under the mortgaqe.
Curing your default in the manner set forth in this notice will
restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the
earliest date that such a Sheriff's Sale of the mortgaged property
could be held would be approximately (7) SEVEN Months from the date
of this Notice. A notice of the actual date of the Sheriff's Sale
will be sent to you before the sale. Of course, the amount needed
to cure the default will increase the longer you wait. You may find
out at any time exactly what the required payment or action will be
by contacting the lender.
0P173
Re: Loan No. 312209-0
HOW TO CONTACT THE LENDER:
Name of Lender:
Address:
Address:
Phone Number:
Fax Number:
Contact Person:
Option One Mortgage Corporation
3 Ada
Irvine, CA. 92618
800-326-1500, Ext. 8004
949-784-6032
Rushie Taylor x5769
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will
end your ownership of the mortgaged property and your right to occupy it.
If you continue to live in the property after the Sheriff's Sale, a
lawsuit to remove you and your furnishings and other belongings could
be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You __ may or X may not (CHECK ONE) sell
or transfer your home to a buyer or transferee who will assume the
mortgage debt, provided that all the outstanding payments, charges and
attorney's fees and costs are paid prior to or at the sale and that the
'other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT TO:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
* TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURED THE DEFAULT. (HOWEVER, YOU DO NOT
HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAT THREE TIMES IN ANY
CALENDAR YEAR.)
* TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
* TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
* TO SEEK PROTECTION UNDER THE FEDERAL B/kNKRUPTCY LAW.
OP174
Mark J. Udren, Esquire, hereby states that he is the attorney
for the Plaintiff, a corporation unless designated otherwise; that
he is authorized to take this Verification and does so because of
the exigencies regarding this matter, and because Plaintiff must
verify much of the information through agents, and because he has
personal knowledge of some of the facts averred in the foregoing
pleading; and that the statements made in the foregoing pleading
are true and correct to the best of his knowledge, information and
belief and the source of his
reports of Plaintiff's agents.
this statement herein is made
Pa.C.S. Section 4904 relating
authorities.
information is public records and
The undersigned understands that
subject to the penalties of 18
to unsworn falsification to
Mark J. Udren, ESQUIRE
MARK J. UDREN & ASSOCIATES
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE $00
CHERRY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, its
successors and assigns
P.O. Box 57038
Irvine, CA 92619-7038
Plaintiff
Vo
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
Defendant(s)
WE HEREBY CERTIFY THE (
WITHIN TO BE TRUE AND ~ %, ~, J
CORRECT COPY OF THE ORIGIN/~/
: COURT OF COMMON PLEAS
!CIVIL DIVISION
:Cumberland County
:
NO. OI'
:
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 actio~
Within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and
filing in writingwith 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 SEOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, ~O TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
TRUE COPY FROM RECORD
M Testlmo~ wh6reof,
T" .,{ $'"'- day
Le hah 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 prov±siones de
esta demanda. Usted puede perder dlnero o sus propiedades u otros
derechos importantes, para usted.
~.LLEV~STA DEMANDA A UNABO~ADO IMMEDIATAM~NTE, SI NO TIENEABO~ADO
O SI NO TIENE EL DINERO SUFICIENTE DE PA~AR TAL SERVICIO, VAYAEN
PERSONA O LLAME POH TELEFONO A LA OFICINA CUYA DIRECCION SE
~NCUENT~A ESCHITA ABAJO PA~A AVERI~UA~ DONDE SE PUEDE CONSE~UIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 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
admlnsion 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 mnil it to you. Once we have mailed to you the required information, we will then
continue the collection of your debt.
Tiffs law firm is deemed to be a debt collector and this Notice and the attached document is
an attempt to collect a debt, and uny information obtained'will be used for that purpose.
LAW OFFICES OF MARK J. UDREN
/s/Mark J. Udren, Esquire
1040 N. Kings Highway, Suite 500
Cherry Hill, NJ 08034
(856) 482-6900
1. Plaintiff is the Corporation designated as such in the
caption on a preceding page. If Plaintiff is an assignee then it
is such by virtue of the following recorded assignments:
Assignor: Option One Mortgage Corporation
Assignee: Washington Mutual Bank, its successors and assigns
Recording Date: LODGED FOR RECORDING Book: Page:
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 .~he 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: 783 Longs Gap Road
MUNICIPALITY/TOWNSHIP/BOROUGH: North Middleton Township
COUNTY: Cumberland
DATE EXECUTED: 5/17/00
DATE RECORDED: 5/23/00 BOOK: 1613 PAGE: 859
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
refuses to comply with the terms of the Note as follows:
or
(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
2120101:
Principal of debt due and unpaid
Interest at 11.49% from 9/1/00
to 2/20/01
(the per diem interest accruing on
this debt is $28.93 and that sum
should be added each day after
2/20/01)
Title Report
$91,910.74
4,551.85
250.09
Court Costs (anticipated, excluding
Sheriff's Sale costs)
280.00
Escrow Overdraft/{Balance)
(The monthly escrow on this account
is $0.00 and that sum should
be added on the first of each
month after 2/20/01)
0,00
Late Charges
(monthly late charge of $54.62
should be added on the fifteenth of
each month after 2/20/01}
Corporate Advance
273.10
96.00
Attorneys Fees (anticipated and actual
to 5% of principal)
4,595.54
TOTAL
$101,957.23
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 cop~ attached hereto as Exhibit "A", and made part
chereof, 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 $101,957.23 plus interest,~
costs and attorneys fees as more fully set forth in the Complaint,
and for foreclosure and sale of the Mortgaged premises.
Mark J. Udren, ESQUIRE
MARK J. UDREN & ASSOCIATES
Attorney for Plaintiff
Attorney I.D. No. 04302
o~ll THAT CERTAZ~ Lot or piece o£ land s~=uete in North~ddleton
Township, Cumberland County, Pennsylvani~, bounded and described in
accordance with a survey and Plan ~hereo~ made b7 Thomas A.
Re&£stered Surveyor, dated Decembe~ 20, 1973. as
BEGINNING at a point in ~he center ~ne of Lon~'s Gap ~oad0
Pennsylvania, L~i$1a=lve Rouce No. 21072. said paine being 120
feec Sou=h o£ the Southern line of Hi~lcrest AvenueI =hence excendins
clank land ~f ~ayne Celeman, bain8 Lo= No. 12 on the hereinaf=er
menulolled p~a, o~ lo~ ~orCll 72 de,tees 30 minu=es Ecsc 160 fee~
a ps,nc in line of la~d of Roberu Carpen=er~"thence elo,~& said land
· South 17 desrees 30 minutes Ease 60 feec to a corner of land off James
Eberly: ~hence alanS said Land be£n$ Loc No. L~ on aaLd PL~n~ $ou~h
72 dasree$ 30 minu~es West ~60 £eec co a po~n~ ~n the cen~e~ l~ne o~
Lon~'s Gap ~oad a~oresa~d] thence a[on~ said cen~er line North 17 '
dasrees 30 m£nuces W~sC 60 ~eec to ~hs po~nt and place o£ BEGINNING.
BEING LOT HO. 1~ on a plan o~ lot,s la~d out by Amos D. ~eck ~h~ch
sa~d plan ~s recorded ~n Plan Book ~, Pa~a ~2, Cumberland County
records.
HAV~C thereon erected · one story £ra~e dwell~n$.
BEING ~he same premises ~hich Georse R. Heister and Nellie E. He[aCer
by cheer dee~ d~ced June 13, 1978 and recorded June 26, ~978 in and
£or the Recorde~ o~ Deeds o£ Cumberland Councy 2n Dead Book ~, 2?°
Pa~e AA6, granted an~ conveyed vnco ~ichard Brows and Joanna Brown.
~anCors hera~n named.
Th~a ~ransact~on le exit from ~rane£er tax ae it Zs bet~ean husband
and ~i£e inca wife alone.
December 04, 2000
Joanne Brown
783 Longs Gap Rd
Carlisle, PA 17013
Homeowners Name: Joanne Brown
Property Address: 783 Longs Gap Rd, Carlisle PA 17013
Loan Account No.: 3t2209-0
Original Lender: Option One Mortgage
Current Lender/Servicer: Option One Mortgage Corporatio~
¢
HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL
ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU. MAKE FUTURE
MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
* IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
* IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
* IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPOPJ%RY STAY OF FORECLOSURE - Under the Act, you are entitled to
a temporary stay of foreclosure on your mortgage for thirty (30)
days from the date of this Notice. Durin9 that time you must
arrange and attend a "face-to-face" meetin9 with one of the
designated consumer credit counselinD agencies listed at the end
of this Notice.
THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO
NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE
YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO
DATE.
OPi71
Re: Loan No. 312209-0
CONSUMER CREDIT COUNSELING 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 you for thirty (30) days-after
the date of this meeting. The names, addresses and teleDhone numbers
of desiqnated consumer credit counseling agencies for the county in
which the Dropert¥ is located are set forth at the end of this Notice.
It is only necessary to schedule one face-to-face meeting. Advise
your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default
for the reasons set f~rth later in this Notice (see following pages for
specific information about the nature of your default.) ' If you have
~ried and are unable to resolve this problem with the lender, you have
~he right to apply for financial assistance from the Homeowner's
Emergency Mortgage Assistance Program. To do so, you must fill out,
sign and file a completed Homeowner's Emergency Assistance Program
Application with one of the designated consumer credit counseling
agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the program and they will
assist you in submitting a complete application to the Pennsylvania
Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO
OR IF YOU DO NOT FOLLOW THE OT~ER TIME PERIODS SET FORTH IN THIS
LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND
YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance
are very limited. They will be disbursed by the Agency under the
eligibility criteria established~by the Act. The Pennsylvania
Housing Finance Agency has sixty (60) days to make a decision after
it receives your application. During that time, no foreclosure
proceedings will be pursued against you if you have met the time
requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your
application.
OP171
Re: Loan No. 312209-0 O~1~
NOTE: IF YOUkRE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF T~IS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLBECT
THE DEBT.
(If you have filed bankruptcy, you can still apply for
Emergency Mortgage Assistance.)
**********************************************************************
HOW TO CURE YOUR MORTGAGE DEFAULT (BRING IT UP TO DATE).
NATURE OF THE DEFAUL~ - The MORTGAGE debt held by the above lender on
your property located at:
q83 Lonqs Ga~ Rd, Carlisle PA 17013
IS SERIOUSLY IN DEFAULT because:
'A.
months and the followin~ amounts are now past due:
(a) Monthly payraents: 1 MONTHS @ $ 910.37
2 MONTHS @ $ 910.37
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the followin~
.(b) Previous late char~es;
(c) Other char~es; Escrow, Inspection,
NSF checks
(d) Other provisions of the mortgage obligation,
if any
(e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED
AS OF THIS DATE
2731.11
109.24
0.00
0.00
2840.35
B. YOU HAVE FAILED TO TA~KE THE FOLLOWING ACTION (Do not use if not
applicable):
HOW TO CURE T~E DEFAULT - You may cure the default within thirty '(30)
days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE
TO THE LENDER WHICH IS $2840.35, PLUS ANY MORTGAGE PAYMENTS
AND LATE CFJ~RGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD.
Payments must be made either by cash, cashier's check, certified
check or money order made Dayable and send to:
Option One Mortgage Corporation
3 Ada
Irvine, Ca. 92618
You can cure any other default by takin~ the
thirty (30) days of the date of this letter.
(applicable.)
followin~ action within
(Do not use if not
0P172
Re: . Loan No.
312209-0
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within
THIRTY (30) DAYS of the date of this Notice, the lender intends to
exercise its rights to accelerate the mortgage debt. -
This means that the entire outstanding balance of this debt will be
considered due immediately and you may lose the chance to pay the
mortgage in monthly installments. If full payment of the total amount
past due is not made within THIRTY (30) DAYS, the lender also intends
to instruct its attorneys to start legal action to foreclose upon your
mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be
sold by the Sheriff to pay off the mortgage debt. If the lender refers
~our case to its attorneys, but you Cure the delinquency before the
lender brings legal proceedings against you, you will still be required
to pay the reasonable attorney's fees that were actually incurred, up
to $50.00. However, if legal proceedings are started against you, you
will have to pay all reasonable attorney's fees actually incurred by the
lender even if they exceed $50.00. Any attorney's fees will be added to
the amount you owe the lender, which may also include other reasonable
costs. If you cure the default within the THIRTY (30) DAY period, you
.will not be reGuired to pay attorney's fees.
OTHER LENDER REMEDIES - The lender.may also sue you personally for the
unpaid principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not
cured the default within the THIRTY (30) DAY period and foreclosure
proceedings have begun, you still have the right to cure the default
and prevent the sale at any time up to one hour before the Sheriff's
Sale. You may do so by paying the total amount then past due, plus
any late or other charges then due, reasonable attorney's fees and
costs connected with the foreclosure sale and any other costs
connected with the Sheriff's Sale as specified in writing by the
lender and by performing any other rec~irements under the mortgage.
Curing your default in the manner set forth in this notice will
restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the
earliest date that such a Sheriff's Sale of the mortgaged property
could be held would be approximately (7) SEVEN Months from the date
of this Notice. A notice of the actual date of the Sheriff's Sale
will be sent to you before the sale. Of course, the amount needed
tO cure the default will increase the longer you wait. You may find
out at any time exactly what the required payment or action will be
by contacting the lender.
OP173
Re: Loan No. 312209-0
HOW TO CONTACT THE LENDER:
Name of Lender:
Address:
Address:
Phone Number:
Fax Nun%ber:
Co~tact Person:
Option One Mortgage Corporation
3 Ada
Irvine, CA. 92618
8.00-326-1500, Ext. 8004
949-784-6032
Rushie Taylor x5769
EFFECT OF SHERIFF'S S~LE - You should realize that a Shgriff's Sale will
~nd your ownership of the mortgaged property and your right to occupy it.
f you continue to live in the property after the Sheriff's Sale, a
lawsuit to remove you and your furnishings and other belongings could
be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell
or transfer your home to a buyer or transferee who will assume the
mortgage debt, provided that all the outstanding payments, charges and
attorney's fees and costs are paid p~ior to or at the sale and that the
.other requirements of the mortgage are satisfied.
YOU MAY /%LSO HAVE THE RIGHT TO:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PI~RTY ACTING ON YOUR
BEHALF.
* TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CUP, ED THE DEFAULT. (HOWEIrER, YOU DO NOT
HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAT THREE TIMES IN ANY
CALENDAR YEAR.)
* TO ASSERT THE NONEXISTENCE OF A DEFAULT IN AN-Y FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
* TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
* TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
OP174
VERIFICATION
Mark J. Udren, Esquire, hereby states that he is the attorney
for the Plaintiff, a corporation unless designated otherwise; that
he is authorized to take this Verification and does so because of
the exigencies regarding this matter, and because Plaintiff must
verify much of the information through agents, and because he has
personal knowledge of some of the facts averred in the foregoing
¢,pleading; and that the statements made in the foregoing pleading
are trUe and correct to the best of his knowledge, information and
belief and the source of his information is public records and
reports of Plaintiff's agents. The undersigned understands that
this statement herein is made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to
authorities.
Mark J.
Udren, ESQUIRE
UDREN &ASSOCIATES
SHERIFF'S RETURN -
CASE NO: 2001-01195 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
NOT FOUND
WASHINGTON MUTUAL BANK
VS
BROWN JOAN-NE
R. Thomas Kline
duly sworn according to law,
inquiry for the within named defendant,
BROWN JOANNE
unable to
COMPLAINT
NOTICE
locate Her
- MORT FORE
in his bailiwick.
,Sheriff or Deputy Sheriff, who being
says, that he made a diligent search and
DEFENDANT
but was
He therefore returns the
the within named DEFENDANT , BROWN JOANNE
DEFT. MOVED, LEFT NO FORWARDING,
RETURN NOT FOUND AS PER HEATHER 3/14/01
Sheriff's Costs:
Docketing 18.00
Service 3.10
NOT FOUND RETURN 5.00
Surcharge 10.00
.00
36.10
· NOT FOUND , as to
Sheriff of Cumberland County
MARK J. UDREN
03/13/2001
Sworn and subscribed to before me
this 2 '7 ~--~ day of ~
2x~/ A.D.
Pro~tfonot ary ·
MARK J. UDREN & ASSOCIATES
BY: MARK J. UDREN, ESQUIRE
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, its successors and : COURT OF COMMON PLEAS
ATTORNEY FOR PLAINTIFF
assigns : CIVIL DMSION
Plaintiff ! Cumberland County
V. .-
Joanne Brown ~ NO. 01-1195 Civil Term
Defendant(s) :
MOTION FOR SPECIAL SERVICE PURSUANT
TO SPECIAL ORDER OF COURT
Plaintiff, by its counsel, Mark J. Udren, Esquire, moves this Honorable Court for an
Order directing service of the Complaint In Mortgage Foreclosure upon Defendant(s), Joanne
Brown by regular mail and certified mail and in support thereof avers the following:
1. Process was unable to be served at the then last known address of said Defendant(s)
at 783 Longs Gap Road, Carlisle, PA 17013, which is the mortgaged premises. A copy of the
Return of Service is attached hereto as Exhibit A.
2. Pursuant to Pa.R.C.P. 430, Plaintiff made a Good Faith Investigation, the report
thereof being attached hereto as Exhibit B.
3, Said investigation was unable to determine an alternate address for said
Defendant(s).
4. The last known address of Defendant(s) is as set forth in the attached Exhibits.
WHTmREFORE, Plaintiff prays and respectfully requests that this Honorable Court enter
an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint In Mortgage Foreclosure
by regular mail and certified mail upon said Defendant(s), Joanne Brown.
MARK J. UDREN & ASSOCIATES
Attorney for Plaintiff
MARK J. UDREN & ASSOCIATES
BY: MARK J. UDREN, ESQUIRE
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, its successors and : COURT OF COMMON PLEAS
ATTORNEY FOR PLAINTIFF
assigns : CIVIL DIVISION
Plaintiff ! Cumberland County
.-
V. ..
Joanne Brown ~ NO. 01-1195 Civil Term
Defendant(s)
MEMORANDILMOFLAW
Pennsylvania Rule of Civil Procedure 430(a) specifically provides:
(a) If service cannot be made under the applicable rule the plaintiff may move
the court for a special order direct'mg the method of service. The motion shall be
accompanied by an affidavit stating the nature and extent of the investigation which
has been made to determine the whereabouts of the defendant and the reasons why
service cannot be made.
NOTE: A sheriff's return of "not found" or the fact that a defendant has moved
without leaving a new forwarding address is insufficient evidence of concealment.
Goazal~, 238 Pa. Super. 362, 357 A.2d 580 (1976). Notice of intended
adoption mailed to last known address requires a "good faith effort" to discover the
correct address. Adopfion~f~'ffalker, 468 Pa. 165, 360 A2d 603 (1976).
An illustration of a good faith effort to locate the defendant includes (1) inquiries
of postal authorities including inquiries pursuant to the Freedom of Information
Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and
employers of the defendant and (3) examinations of local telephone directories,
voter registration records, local tax records, and motor vehicle records.
As set forth in the Return of Service marked Exhibit A, the Sheriff and/or Process Server has
been unable to serve the Complaint In Mortgage Foreclosure. A good faith effort to discover the
whereabouts of the Defendant(s)has been made as evidenced by the attached Affidavit of Good
Faith Investigation marked Exhibit B.
WHEREFORE, Plaintiff prays and respectfully requests service of the Complaint In
Mortgage Foreclosure upon Defendant(s) by regular mail and certified mail.
MARK J. UDREN & ASSOCIATES
Mark J. Udren, Esquire
Attorney for Pla'mtiff
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2001~01195 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL BANK
VS
BROWN JOANNE
duly sworn according to law, says, that
inquiry for the within named defendant,
BROWN JOA. NNE
unable to locate Her in his bailiwick.
COMPLAINT - MORT FORE ,
NOTICE
Thomas Kline ,Sheriff or Deputy Sheriff, who being
he made a diligent search and
DEFENDANT
but was
He therefore returns the
the within named DEFENDANT
DEFT. MOVED, LEFT NO FORWARDING,
RETURN NOT FOUND AS PER HEATHER 3/14/01
Sheriff's Costs:
Docketing 18.00
Service 3.10
NOT FOUND RETURN 5.00
Surcharge 10.00
.00
36.10
,.BROWN JOANNE
, NOT FOUND , as to
R. Thomas Kline ~
Sheriff of Cumberland County
MARK J. UDREN
03/13/2001
Sworn and subscribed to before me
this day of
A.D.
Prothonotary
EXHIBIT
PLAYERS NATIONAL LOCATER
AFFIDAVIT OF GOOD FAITH INVESTIGATION
Loan Number 0123933
Attorney F,rm: MARK J UDREN & ASSOCIATES
Case Number:
Subject: JEANNE BROWN
AKA JOANNA B BROWN
Las[ Known Address 783 LONG~S GAP ROAD CARLISLE, PA 17013
Last Known Number: [ }
M,cl~ael K Gross. being Ciuly sworn accorchn9 to law, cieposes ann says
1 I am employeo ~n ~ne capacity of President for Players National Locamr
2 On 03/25/2001, I conducZecl an ~nvesaga~on in[o se wnereaDou[s of the above nameO
ciefenclant(s) The results of my inveStl§a~ion are as follows:
CREDIT iNFORMATION - A SOCIAL SECURITY NUMBER: 224-S6-2822
B EMPLOYMENT SEARCH:
Unable to locate a good employer for Jeanne.
C INQUIRY OF CREDITORS
The creditors indicated that Jeanne is using 783 Longs Gap Road, Carlisle, Pa. 17013 with ne
valid home phone number,
INQUIRY OF TELEPHONE COMPANY -
A. DIRECTORY ASSISTANCE SEARCH:
The directory assistance has no listing for Jeanne Brown.
INQUIRY OF NEIGHBORS -
Contacted 717-24g-5301 registered at 180 Longs Gap Road and spoke witl~ a neighbor who stated
Jeanne Brown moved out of the last knovm address about a month ago, She had no forwarding
information for Jeanne.
INQUIRY OF POST OFFICE -
A NATIONAL ADDRESS UPDATE
As of March 20, 2001 the National Change of Address (NCOA) has no change for Jeanne from last
known address.
MOTOR VEHICLE REGISTRATION -
A MOTOR vEHICLE & DMv OFFICE
The Pennsylvania Department of Drivers Licensing has Joanna listed at last known address.
OTHER INQUIRIES -
A. DEATH RECORDS:
As of March 20, 2001 the Social Security Administration has no death record on file for Jeanne
Brown and or a.k.a.'s under her social security number.
EXHIbiT E~
i~ar-~6-01 OS:O4.om From-PLAYErS ASSOCIATION
13 PUBLIC LICENSES ( PILOT, REAL ESTATE, ETC. ):
None Found
T-063
P.15/eS
C COUNTY vOTER REGISTRATION:
The Cumberland County Voters Registration Office has no listing for Joanne.
ADDITIONAL INFORMATION ON SUI3JECT-
A. DATE OF 131RTH:
08141
AFFIANT M~Aael K Gross --
~/ Playe~ National Locator 113 Old Site Robe, Suite 104 Sr Lou,s, MO 63021
Phone. (636) 23~9922 Fax. (636) 23~0558
~_.RIFI~TION
Mark J. Udren, Esquire, hereby states that he 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 FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true
and correct to the best of his knowledge, information and belief.
The undersigned understands that this statement herein is made subject to the penalties of
18 Pa.C.S. Sec 4904 relating to unswom falsification to authorities.
MARK J. UDREN & ASSOCIATES
Date: 3-g'y- c~/
Mark J. Udren, Esquire
Attorney for Plaintiff
MARK J. UDREN & ASSOCIATES
BY: MARK J. UDREN, ESQUIRE
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-69OO
Washington Mutual Bank, its successors and : COURT OF COMMON PLEAS
ATTORNEY FOR PLAINTIFF
assigns : CIVIL DIVISION
Plaintiff i Cumberland County
.
V, ..
Joanne Brown ~ NO. 01-1195 Civil Term
Defendant(s)
CERTIFICATEOF SERYICE
I, Mark J. Udren, Esquire hereby certify that I have served tree and correct copies of the
attached Motion For Special Service upon the following person(s) named herein at their last
known address or their attorney of record by:
X
Regular First Class Mail
Certified Mail
Other
Date Served:
TO:
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
MARK J. UDREN & ASSOCIATES
By: '~/~'~
Mark J. Udren, Esquire
Attorney for Plaintiff
MARK .I. UDREN*
STUART WINNEG**
GAlL SPIVAK ORLOFF***
HEIDI R. SPIVAK***
CHRISTOPHER J. FOX***
CORINA M. CANIZ***
· 'ADMI'rI'ED ,4,1~0 IN PA AND FL
· *ADP,~?ED ONLY IN PA
TINA MARIE RICH
LA W OFFICES
MARK J. UDREN & ASSOCIATES
1040 NORTH KINGS HIGHWAY
SUITE 500
CHERRY HILL, NEW JERSEY 08034
856. 482. 6900
FAX: 856. 482. 1199
FRED~
PENNSYL VA NIA
DESIGNATED COUNSEL
"PLEASE RESPOND TO NEW JERSEY OFFICE"
pENN,~YL V~
24 NORTH MERION A VENUE
SUITE 240
BRYN MAWR, PA 19910
215-$68-9500
215-568-1141 FAX
March a?, 2001
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
Re.'
Washington Mutual Bank, its successors and assigns
VS.
Joarme Brown
Cumberland County C.C.P. No, 01-1195 Civil Term
Dear Joanne Brown:
In connection with the above captioned matter,' enclosed you will fred a copy of the Motion for
Alternate Service which was sent for filing on March 2_q, 2001.
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
Should you have any questions, please contact our office.
~SOC
IATES
/crow
Enclosures
MARK J. UDREN & ASSOCIATES
BY: MARK J. UDREN, ESQUIRE
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856482-6900
Washington Mutual Bank, its successors and :. COURT OF COMMON PLEAS
ATTORNEY FOR PLAINTIFF
assigns : CIVIL DMSION
P.O. Box 57038 ! Cumberland County
Irvine, CA 92619-7038 :
Plaintiff :
~ NO. 01-1195 Civil Term
V.
Joaune Brown :
783 Longs Gap Road :
Carlisle, PA 17013 :
Defendant(s)
.-
AND NOW, this ~ [,]~x day of ~ ,20 O! , upon consideration of Plaintiff's
Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that
service of the Complaint In Mortgage Foreclosure and all subsequent pleadings on Defendant(s),
Joanne Brown, shall be complete when Plaintiff or its counsel or agent has mailed tree and correct
copies of the Complaint In Mortgage Foreclosure and all subsequent pleadings by certified mail
and regular mail to the Last known address of Defendant(s), Joanne Brown at 783 Longs Gap Road,
Carlisle, PA 17013 and by posting the mortgaged premises at 783 Longs Gap Road, Carlisle, PA
17013.
MARK J. UDREN & ASSOCIATES
BY: MARK J. UDREN, ESQ~RE q
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, its successors and
assigns
P.O. Box 57038
Irvine, CA 92619-7038
Plaintiff
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
Defendant(s)
ATTORNEY FOR PLAINTIFF
"COURT OF COMMON PLEAS
: CIVIL DIVISION
i Cumberland County
.-
.-
· NO. 01-1195 Civil Term
.-
.-
.-
ANDNOW, this ]J~q dayof~I'''t~,- ,200l , upon consideration of Plaintiff's
Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that
service of the Complaint In Mortgage Foreclosure and all subsequem pleadings on Defendant(s),
Joarme Brown, shall be complete when Plaintiff or its counsel or agent has mailed true and correct
copies of the Complaint In Mortgage Foreclosure and all subsequent pleadings by certified mail
and regular mail to the last known address of Defendant(s), $oanne Brown at 783 Longs Gap Road,
Carlisle, PA 17013 and by posting the mortgaged premises at 783 Longs Gap Road, Carlisle, PA
17013.
BY THE COURT:
MARK J. UDREN & ASSOCIATES
BY: MARK J. UDREN, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, its successors and : COURT OF COMMON PLEAS
assigns ! CIVIL DIVISION
ATTORNEY FOR PLAINTIFF
Plaintiff i Cumberland County
.
V.
$oanne Brown i NO. 01-1195 Civil Term
Defendant(s) :
YERIFICATIOI~OF SER¥ICE BY CERTIFIED MAIl. AND
REGUI .AR.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 Complaint In
Mortgage Foreclosure to Defendant(s), by certified mail and regular first class mail, to the last
known address of Defendant(s) as follows:
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
I verify that the statements made herein are true and correct and I understand that false statements
made herein are subject to the penalties relating to unswom falsification to authorities.
Dated:
MARK J. UDREN & ASSOCIATES
Mark J.~en, Esquir~~e
Attorney for Plaintiff
:":
SHERIFF'S RETURN -
CASE NO: 2001-01195 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL BANK
VS
BROWN JOANNE
REGULAR
KENNETH E. GOSSERT ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE
BROWN JOANNE
DEFENDANT , at 1648:00 HOURS,
at 783 LONGS GAP ROAD
CARLISLE, PA 17013
POSTED THE PROPERTY LOCATED AT 783
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
on the 20th day of April
by handing to
LONGS GAP ROAD, CARLISLE
a true and attested copy of COMPLAINT
the
, 2001
- MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.10
Affidavit .00
Surcharge 10.00
.00
31.10
Sworn and Subscribed to before
me this ~¥ ~ day of
~ ~4,~o! A.D.
rothonotary '
So Answers:
R. Thomas Kline
04/23/2001
MARK J UDREN
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, its
successors and assigns
P.O. Box 57038
Irvine, CA 92619-7038
Plaintiff
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. 01-1195 civil Term
P]~A~IPE TO REINSTATE COMDLqI~{T
TO THE PROTHONOTARY:
Kindly reinstate the Complaint on the above-captioned matter.
DATE: April 16, 2001
MARK J.~S
Mark J. Udren, ESQUIRE
ATTORNEY FOR PLAINTIFF
MA~K J. UDREN & ASSOCIATES
BY= Mark J. Udren, Esquire
ATTY I.D. NO. 0%302
10%0 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 0803%
856-%82-6900
Washington Mutual Bank, its
successors and assigns
P.O. Box 57038
Irvine, CA 92619-7038
Plaintiff
Vo
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
Defendant(s)
ATTORNEY FOR PLAINTIFF
: COURT OF COMMON PLEAS
!CIVIL DIVISION
· Cumberland County
MORTGAGE FORECLOSURE
i NO. 01-1195 Civil Term
PRAECIPE FOR JUDGMENT FOR FAILURE TO
A~LTJ~F.~AND ASSESSMRNT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against the
Defendant(s) 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 @11.49%
Prom 2/21/01 to 6/04/01 @$28.93
Late charges per Complaint
From 3/15/01 to 6/04/01 @$54.62
$101,957.23
3,008.72
163.86
TOTAL
$105,129.81
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.
MARK~UDREN & ASSOCIATES
Mark/J./ Udren, ESQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED /~
PRO PROTHY
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, its
successors and assigns
P.O. Box 57038
Irvine, CA 92619-7038
Plaintiff
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. 01-1195 Civil Term
DATED: May 17, 2001
TO: Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
IMPORTANT NO~
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
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
NOTIFICACION IMP~)P~u~NTE
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 TERMINO 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
PER/DER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA
NOTIFICACION A UNABOGADO IMMEDIATAMENTE SI USTED NO TIENEABOGADO,
0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA
O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTHA
ESCRITAABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA
LEGAL.
SERVICIO DE REFERENCIA LEGAL
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS
LAW FIRN IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO
COLLECT A DEHT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
N~RK J. UDREN & ASSOCIATES
BY= Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE
CHERRY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, its
successors and assigns
P.O. Box 57038
Irvine, CA 92619-7038
Plaintiff
500
ATTOP~NEY FOR PLAINTIFF
: COURT OF COMMON PLEAS
: CIVIL DIVISION
' Cumberland County
- MORTGAGE FORECLOSURE
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
Defendant(s)
01-1195 Civil Term
AFFIDAVIT OF NON-MILITARY SERVICE
STATE OF NEW JERSEY
COUNTY OF CAMDEN
THE LTNDERSIGNED 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 Soldiers and Sailors Civil Relief Act of
1940, as amended, and that the age and last known residence and
employment of each Defendant are as follows:
Defendant:
Age:
Residence:
Employment:
Defendant:
Age:
Residence:
Employment:
Joanne Brown
Over 18
As captioned above
Unknown
Over 18
As captioned above
Unknown
Name: ~ J. Udren, Esquire
Title: Attorney for Plaintiff
Sworn to and subscribed Company: Mark Jo Udren & Associates
before me this 4th day
of June, 2001.
CQUEUNE A.
A ~tary Public of New Jersey
My Commission [xp~r~ 4/7/2~3
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE
CHEP, RY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, its
successors and assigns
P.O. Box 57038
Irvine, CA 92619-7038
Plaintiff
5O0
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
i NO. 01-1195 Civil Term
Defendant (s)
TO:
Joanne Brown
783 Longs Gap Road
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.
Prothonotary
_X_ Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
Judgment on Award of Arbitration
Judgment on Verdict
Judgment on Court Findings
IF YOU ~AVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL:
ATTORNEY
Mark J. Udren, Esquire
At this telephone number: 856-482-6900
MARK J. UDREN & ASSOCIATBS
BY: Mark J. Udren, Bsquire
ATTY I.D. NO. 04302
10%0 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 0803%
856-%82-6900
Washington Mutual Bank, its
successors and assigns
P.O. Box 57038
Irvine, CA 92619-7038
Plaintiff
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
Defendant (s)
ATTOP, SrEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
i NO. 01-1195 Civil
:
Term
P~AECIPE FOR ~uDG~NT FOR FAILUR~ TO
~%NSWER ~ ASSESS~.~ OF DAMAC~
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against the
Defendant(s) 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 @11.49%
From 2/21/01 to 6/04/01 @$28.93
Late charges per Complaint
From 3/15/01 to 6/04/01 @$54.62
$101,957.23
3,008.72
163.86
TOTAL
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.
MARK~UDREN & ASSOCIATES
Mark/J~ Udren, ESQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED ~
~ PRO PROTHY ~
Fa%RK J. UDREN & ASSOCIATES
BY= Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, its
successors and assigns
P.O. Box 57038
Irvine, CA 92619-7038
Plaintiff
Vo
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
Defendant (s)
ATTOR/qEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
NO. 01-1195 Civil Term
CERTIFICATE
Mark J. Udren, Esquire, hereby states that he is 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:
Sec.
)
)
)
(x)
( )
An FHA insured mortgage
Non-owner occupied
Vacant
Act 91 procedures have been fulfilled.
Over 24 months delinquent.
This certification is made subject to the penalties of 18 Pa.
4904 relating to unsworn falsification to authorities.
MAik~j. UDREN & ASSOCIATES
Ma Udren, ESQUIRE
ATTORNEY FOR PLAINTIFF
MAP~K J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE
CHERRY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, its
successors and assigns
P.O. Box 57038
Irvine, CA 92619-7038
Plaintiff
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
Defendant(s)
5OO
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. 01-1195 Civil Term
M3EPJ~I2~TION OF SERVICE B~iLERTIFIED 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: JUNE 27, 2001
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
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:
MARK J. UDREN & ASSOCIATES
Mark J. Udren, Esquire
Certified Mall Provides:
· A unique identifier for your maJfpiece
Receipt (PS Form 3811) to the article and add appl. icab[e postage to cover the
a duplicate return receipt, a USP$ postmark on your Certified Mail receipt is
IMPORTANT: Save this receipt and present it when making an inquiry.
STATE OF PENNSYLVANIA, ~
COUNTY OF CUMBERLANDf ss.
Robert: P Ziegler
I, .............................................................................. Recorder of
Deed~ in and for said County and State do'hereby certify that the SherifFs Deed in which ................
___Wm.s=b. ingX. a~.~ual_.l~.nk_ ...................................................... is the grantee
the same hnving beon sold to said grantee on the 5th
............................................... day of
September 2001
........................................ A. D., ? ..... , under and by virtue of a writ ..............
Execution 13th
................................................ ~ued on the .....................................
day -t June 2001
,,~ .......................... A.D., ..... ~ out of the Court of Comman Pleas of said County'as of
Civil
.................................................................................. Te~,, 2 .°_°_!__
N----i-- 1195 - · . Washington Mutual Bank
um,~r .............. , at the suit o! ...............................................................
................................... against ....... ~oanne Brown
duly recorded in Sheriff's Deed Bonk No .... _2_~_8 ....., Page .... ~_1_1_~_ ....
IN TESTIMONY WHEREOF, I have hereunto
set my hand and seal of said office this ........... ]t(~ day
.............. A.o.,
.....
Washington Mutual Bank, its successors
And assigns
VS
Joanne Brown
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-1195 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriffmailed a notice of the pendency of the action by regular mail, to one
of the within named defendants, to wit: Joan_ne Brown, at her last known address of 783
Longs Gap Road, Carlisle, PA 17013. This letter was mailed under the date of July 5,
2001. The unopened letter was returned to the Sheriff's Office on July 11, 2001 with the
reason checked "Moved Left No Address To Forward."
Gerald Worthington, Deputy Sheriff, who being duly sworn according to law,
states that on July 03, 2001 at 7:40 o'clock PM, EDST, he posted a tree copy of the
above Real Estate Writ, Notice, Poster and Description upon the property of Joanne
Brown, located at 783 Longs Gap Road, Carlisle, PA 17013, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
that he served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a pendency of the action to one of the within named
defendants, to wit: Joanne Brown, by regular mail to her last known address of 783
Longs Gap Road, Carlisle, PA 17013. This letter was mailed under the date of July 5,
2001 and returned to the Sheriffs Office on July 11, 2001 with reason checked "Moved
Left No Address To Forward."
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after
due and legal notice had been given according to law, exposed the within described
premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County,
Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T., and sold the same
for the sum of $45,000.00 to Attorney Dale Shughart (for Attorney Mark Udren) for
Washington Mutual Bank, its successors and assigns. It being highest bid and best price
received for the same, Washington Mutual Bank, its successors and assigns of P.O. Box
57038, Irvine, CA 92619-7038, being the buyer in this execution, paid Sheriff R. Thomas
Kline the sum of $1,847.54.
Sheriff's Costs:
Docketing $ 30.00
Poundage 900.00
Posting Handbills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 3.25
Certified Mail 2.40
SCHEDULE OF DISTRIBUTION
SALE NO. 39
Writ No. 2001-1195 Civil Term
Washington Mutual Bank, its successors and assigns
VS
Joanne Brown
Filed October 5, 2001
Date of Sale:
Buyer:
Bid Price:
September 05, 2001
Washington MutualBank, its successors and assigns
$45,000.00
Real Debt $105,129.81
Interest 2,690.49
Attorney writ costs 139.20
Total $107,959.50
Distribution
Amount Collected
Legal Search
Sheriff's Costs
$1,847.54
200.00
1,647.54
So Answers:
R. Thomas Kline, Sheriff
TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
1TEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY
EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED.
SHERIFF SALE NO. 39
Held Wednesday, September 5, 2001
Date: September 4, 2001
TAXES: Receipts for all taxes for the year 1998 to 2000 inclusive. Taxes for the current year
2001.
WATER RENT:
SEWER RENT
Company assumes no liability for private supply of water or sewer.
Receipts to be produced if services are lienable.
MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims.
MUNICIPAL CLAIMS
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated ,2001, and recorded
,2001, in Cumberland County Deed Book , Page
RECITAL: BEING the same premises which Richard Brown and Joanne Brown, by deed dated
June 13, 1988 and recorded June 24, 1988 in the office of the Recorder of Deeds in and for
Cumberland County at Carlisle, Pennsylvania, in Deed Book "N," Volume 33, Page 489 granted
and conveyed to Joanne Brown.
OTHER EXCEPTIONS:
1. The identity and legal competency of parties at the closing of this title should be
established to the satisfaction of the closing attorney acting for this Company.
2. Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area
and encroachments which an accurate and complete survey would disclose.
4. Payment of State and local Real Estate Transfer Taxes, if required.
5. Public and private rights in the roadbed of 33 feet wide L.R. 21072, known as Long's
Gap Road.
Conditions, easements and restrictions shown on or set forth on the Plan of Lots in
North Middleton Township, Cumberland County, Pennsylvania, laid out for Amos D.
Keck recorded in Cumberland County Plan Book 4, Page 52.
7. Rights in the roadbed of an un-named public street shown in Plan Book 4, Page 52 as a
"proposed drive."
Mortgage in the amount of $92,000.00 given by Joanne Brown to Option One Mortgage
Corporation dated May 17, 2000 recorded May 23, 2000 in Mortgage Book 1613, Page
859. Assigned to Washington Mutual Bank by instrument dated March 12, 2001
recorded March 22, 2001 in Miscellaneous Record Book 670, Page 18.
Complaint in Mortgage Foreclosure filed by Washington Mutual Bank as Plaintiff
against Joanne Brown as Defendant in the Office of the Prothonatary of Cumberland
County to file number 2001-1195. Default judgment entered June 13, 2001 in the
amount of $105,129.81.
Municipal lien entered by Carlisle Suburban Authority as Plaintiff against Joanne Brown
as Defendant in the Office of the Prothonatary of Cumberland County to file number
2001-2823 in the amount of $261.42.
10. Rights granted to Keystone Pipeline Company by instrument recorded in Miscellaneous
Record Book 67, Page 24.
11. Rights granted to Socony-Vacuum Oil Company by instrument recorded in
Miscellaneous Record Book 83, Page 415.
12. Satisfactory evidence to be produced that proper notice was given to the holders of all
liens and encumbrances intended to be divested by subject Sheriff Sale.
13. Real estate taxes accruing on and after January 1, 2002 not yet due and payable.
It is to be noted that no search of Domestic Relations Records has been made to
determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any
search been made for environmental liens in Federal District Court.
REAL ESTATE SALE NO. 39
Writ No. 2001-1195 Civil
Washington Mutual Bank,
its successors and assigns
VS.
Joamne Brown
Atty,: Mal-k J. Udren
ALL THAT CERTAIN lot or piece
of land situate in North Mlddleton
Township, Cumberland County,
Pennsylvania, bounded and de-
scribed in aCcordance with a survey
and plan thereof made by Thomas
A. Neff. Registered Surveyor, dated
December 20, '1973. as follows:
BEGINNING at a point tn the cen-
ter line of Long's Gap Road. Perm-
sylvania. Legislative R~oute No. 21072,
said point being 120 feet South of
the southern line of Hlllcrest Av-
enue; thence extending along land
of Wayne Caleman. being Lot No,
12 on the hereinafter mentioned
Plan of Lots North 72 degrees 30
minutes East 160 feet to a point in
line of land of Robert Carpenter;
.thence along said land South 17
degrees 30 minutes East 60 feet to
a comer of land of James Eberly;
thence along said land b6mg Lot No.
14 on said Plan. South 72 degrees
30 minutes West 160 feet to a point
in the center line of Long's Gap Road
aforesaid; thence along said center
line North 17 degrees 30 minutes
West 60 feet to the point and place
of BEGINNING.
BEING Lot No. 13 on a Plan of
Lots laid out by Amos D. Keck which
said plan is recorded in Plan Book
4, page 52, Cumberland County
records.
I-[AVING thereon erected a one
story frame dwelling,
BEING KNOWN AS 783 Longs
Gap Road. Carlisle. PA.
TAX ID NO, 29-15-1247-009.
TITLE TO SAID PREMISES IS
VESTED IN Joanne Brown by deed
from Richard Brown and Joanne
Brown dated 6/13/1988 and re-
corded 8/24/1988 in Deed Book
N-33 page 489.
WRIT OF EXECUTION an~/or ATTACHMENT
COMMONWEALTH QF PENNSYLVANIA) NO. 01-1195 CIVIL 1~ TE~
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF Cumberland COUNTY:
To satisfy the debt, interest and costs due Washinton Mutual Bank, its successors and assigns
PLAINTIFF(S)
from Joanne Brown, 783 Longs Gap Road, Carlisle, PA 17013
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell See ~egal Descr±ption
(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 gar0i~,hee(s) is/are enjoined from paying any
debt to or for the accounl of,,t~, defendant(S)and .from delivering an~op~ oi ~ defendant(s) or 'othe~ise disusing
t~reof; "~
,(3~ If prope~y ortho defendant(s)~.Jevjed~n a, sub oct to a,~chme~q~fo~d i~e ~e~n of anyone other
than a o'a~ed garnishee, you are directed to'6~t~Y him/her that he/she has been added as a garnishee and is enjoined as a~ve
stated.
Amount Due $105,1 ?q.R~
frcm 6/5/01 to 9/5/01
Interest ~cr dicta @28.93 - $2,690.4q
Atty's Comm %
L.L. ' '$. 5O
Due Prothy S1o 00
Other Costs
Atty Paid ~139.._2Q
Plaintiff Paid
Date: June 13. 2001
REQUESTING PARTY:
Name
Address:
Attorney for:
Telephone:
Supreme Court ID No.
Mark J. Udren, Esq.
1010 N. Kings Highway, Suite 500
Cherry Hill, NJ 08034
Plaintiff
856-482-6900
04302
Curtis R. Long
Prothonotary, Civil Division
REAL ESTATE SALE No. ~7
~ ~.~ 15~ =~:)l ~he sheriff levied upon ll~e
inlere~ in tl~e teal progeny situated in /'/~/~/~'/~~
~'~ ~ Iltore hilly described oll ~ "A" I I~l
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Washington Mutual Bank,
successors and assigns
P.O. Box 57038
Irvine, CA 92619-7038
Plaintiff
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
NO. 01-1195 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129.1
Washington Mutual Bank, its successors and assigns, 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: 783 Longs Gap Road
Carlisle, PA 17013
1. Name and address of Owner(s) or reputed Owner(s):
Name Address
Joanne Brown 783 Longs Gap Road, Carlisle,
2. Name and address of Defendant(s) in the judgment:
Name Address
PA 17013
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
record:
Name Address
of every mortgage of
Plaintiff herein.
See Caption above.
5. Name and address of every other person who has any record lien on the
property:
Name Address
6. Name and address of every other person who has any record interest in
the proper~y and whose
Name
Real Estate Tax Dept.
Domestic Relations Section
Commonwealth of PA,
Department of Revenue
interest may be affected by the
Address
13 N. Hanover Street,
13 N. Manover Street,
Bureau of Compliance,
Harrisburg, PA 17128-0946
7. Name and address of every
knowledge who has any interest
the sale:
Name
Tenants/Occupants
sale:
Carlisle,
Carlisle,
Dept.
PA 17013
PA 17013
280946
other person of whom the plaintiff has
in the property which may be affected by
Address
783 Longs Gap Road, Carlisle, PA 17013
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: June 4, 2001
MARK J. UDREN & ASSOCIATES
MARK J. UDREN & ASSOCIATES
BY: Hark J. Udren, Esquire
ATTY I.D. ~0. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, its :
successors and assigns
P.O. Box 57038
Irvine, CA 92619-7038
Plaintiff
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
i CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
NO. 01-1195 Civil Term
NOTICE OF SHERIFF'S SA?,R OF ~?, PROPERTY
TO:
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
Your house (real estate) at 783 Longs Gap Road, Carlisle, PA 17013 is
scheduled to be sold at the Sheriff's Sale on September 5, 2001, at
10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse,
Carlisle, PA, to enforce the court judgment of $105,129.81, 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 SAT,E
To prevent this Sheriff's Sale, you must take i~ediate 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: 1856) 482-6900.
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.
more chance you will have of stopping the sale.
to obtain an attorney.)
The sooner you contact one, the
(See notice on page two on how
YOU MAY STILL BE AR~ YOU HAVE OTHER RIGHTS
EVEN IF THE-SHERIFF' S SAr,E DOES TAKF~RL2~F~
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 856-482-6900.
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 856-482-6900.
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 PA~ER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
C2tNNOT 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 17013-3387
717-249-3166 or 800-990-9108
ASSOCIATION DE LICENCIDADOS DE FILADELFIA
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
ALL TFIAT CERTAIN LOT OR PIECE OF LAND SITUATE IN NORTH MIDDLETON
TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED ANDDESCRIBED IN
ACCORDANCE WITH A SURVEY AND PLAN THEREOF MADE BY THOMAS A. NEFF,
REGISTERED SURVEYOR, DATED DECEMBER 20, 1973, AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF LONG'S GAP ROAD,
PENNSYLVANIA, LEGISLATIVE ROUTE NO. 21072, SAID POINT BEING 120
FEET SOUTH OF THE SOUTHERN LINE OF HILLCREST AVENUE; THENCE
EXTENDING ALONG LAND OF WAYNE CALEMAN, BEING LOT NO. 12 ON THE
HEREINAFTER MENTIONED PLAN OF LOTS NORTH 72 DEGREES 30 MINUTES EAST
160 FEET TO A POINT IN LINE OF LAND.OF ROBERT CARPENTER; THENCE
ALONG SAID LAND SOUTH 17 DEGREES 30 MINUTES EAST 60 FEET TO A
CORNER OF LAND OF JAMES EBERLY; THENCE ALONG SAID LAND BEING LOT
NO. 14 ON SAID PLAN, SOUTH 72 DEGREES 30 MINUTES WEST 160 FEET TO
A POINT IN THE CENTER LINE OF LONG'S GAP ROAD AFORESAID; THENCE
ALONG SAID CENTER LINE NORTH 17 DEGREES 30 MINUTES WEST 60 FEET TO
THE POINT AND PLACE OF BEGINNING.
BEING LOT NO.
SAID PLAN IS
RECORDS.
13 ON A PLAN OF LOTS LAID OUT BY AMOS D. KECK WHICH
RECORDED IN PLAN BOOK 4, PAGE 52, ~ERLAND COUNTY
HAVING THEREON ERECTED A ONE STORY FRAME DWELLING.
BEING KNOWN AS 783 LONGS GAP ROAD, CARLISLE, PA
TAX ID NO. 29-15-1247-009
TITLE TO SAID PREMISES IS VESTED IN JOAN'NE BROWN BY DEED FROM
RICHARD BROWN AND JOANNE BROWN DATED 6/13/1988 ~ RECORDED
8/24/1988 IN DEED BOOK N-33 PAGE 489.
THE PATRI, OT NEWS
THESUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
James L. Clark being duly sworn according to law, deposes and says:
That he is the Acounts Receivable Manager 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 24th and 31st day(s) of July and the 7th
day(s) of August 2001. That neither he 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 he 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 M~scell,aneous Book "M",
Volume 14, Page 317.
PU .,C^T,O. ...... _ ................................ ......................... ........................
COPY I~°~Wnrn to 9nd ~:ubcoribod bofor/c~,',~s/21st da}p~ A~t 2001 A.D.
/ Nota~ Seal //
S A L E #39
] My C~l~ E~m8 JU~ 6. ~2 I N~TARY PUBLIC
M~L ~Nama A~t~ ~ ~an~y commission expires June 6, 2002
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$ 233,43
$ 1.50
$ 234,93
Publisher's Receipt for Advertising Cost
publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, 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 $anuary 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:
JULY 20, 27, AUGUST 3, 2001
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 tree.
~ ~I~ATI~ SAL~ NO. 39
Writ No. 2001-1195 Civil
Washington Mutual Bank.
its successors and assigns
Joarme Brown
Atty.: Mark J. Udren
ALL THAT CERTAIN lot or piece
of land situate in North Mlddleton
Township, Cumberland County,
Pennsylvania, bounded and de
SWORN TO AND SUBSCRIBED before me this
3 day of AUGUST, 2001
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, its
successors and assigns
P.O. Box 57038
Irvine, CA 92619-7038
Plaintiff
ATTORNEY FOR PLAINTIFF
: COURT OF COMMON PLEAS
:CIVIL DIVISION
- Cumberland County
MORTGAGE FORECLOSURE
Vo
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
NO.
01-1195 Civil Term
Defendant(s)
PRAECIPE FOR WRIT OF EXECUTION
TO THE SHERIFF:
Issue Writ of Execution in the above matter:
Amount due
Interest From June 5, 2001
to Date of Sale September
Per diem @$28.93
(Costs to be added)
5, 2001
$
$105,129.81
2,690.49
MARK J. UDREN & ASSOCIATES
b~%RK J. UDREN & ASSOCIATES
BY= Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, its
successors and assigns
P.O. Box 57038
Irvine, CA 92619-7038
Plaintiff
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
i CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
NO. 01-1195 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129.1
Washington Mutual Bank, its successors and assigns, 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: 783 Longs Gap Road
Carlisle, PA 17013
1. Name and address of Owner(s) or reputed Owner(s):
Name Address
Joanne Brown 783 Longs Gap Road, Carlisle,
2. Name and address of Defendant(s) in the judgment:
Name Address
PA 17013
Same as $ 1 above
3. Name and address of every judgment creditor whose judgment
lien on the real property to be sold:
Name Address
is a record
NONE
4. Name and address of the last recorded holder of every
record:
Name Address
mortgage of
Plaintiff herein.
See Caption above.
5. Name and address of every other person who has any record lien on the
property:
Name Address
~. Name and address of every other person who has any record interest
the property and whose interest may be affected by the sale:
Name Address
Real Estate Tax Dept.
13 N. Hanover Street, Carlisle, PA 17013
Domestic Relations Section 13 N. Hanover Street, Carlisle, PA 17013
Commonwealth of PA,
Department of Revenue
Bureau of Compliance, Dept. 280946
Harrisburg, PA 17128-0946
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
783 Longs Gap Road, Carlisle, PA 17013
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: June 4, 2001
MARK J. UDREN & ASSOCIATES
MARK J.UDREN, ESQ.
Attorney for Plaintiff
~ J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Washington Mutual Bank,
successors and assigns
P.O. Box 57038
Irvine, CA 92619-7038
Plaintiff
Joan~e Brown
783 Longs Gap Road
Carlisle, PA 17013
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
NO. 01-1195 Civil Term
NOTICE OF SHERIFF' S SA?.E OF ~R~?. PROPERTY
TO:
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
Your house (real estate) at 783 Longs Gap Road, Carlisle, PA 17013 is
scheduled to be sold at the Sheriff's Sale on September 5, 2001, at
10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse,
Carlisle, PA, to enforce the court judgment of $105,129.81, obtained by
Plaintiff above (the mortgagee) against you. If the sale is postponed,
the property will be relisted for the Next Available Sale.
NQ~ICF-~QF OWNER'S ~IGHT~
MOU MAY BE3%BLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take
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) 482-6900.
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.
more chance you will have of stopping the sale.
to obtain an attorney.)
The sooner you contact one, the
(See notice on page two on how
YO~_~MAY STILZ~B~kBLE_TO SAYE~%~8~]~ROP~P~TY THF~RIGHTS
~F THE SHERIFF' S SA?.E DO]~_TAKE_RLACJ~
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 856-482-6900.
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 856-482-6900.
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 LAW,ER AT ONCB. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFOI%D ONE, ~O TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHEP. E YOU CAN
GET LBGAL HELP.
LAW~ER REFEP~tL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
ASSOCIATION DE LICENCIDADOS DE FILADELFIA
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249~3166 or 800-990-9108
MAR~ J. UDREN & ASSOCIATES
BY:. Mark J. Udren
ATT~ I.D. NO. 04302
~040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, its
successors and assigns
P.O. Box 57038
Irvine, CA 92619-7038
Plaintiff
Vo
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
Defendant (s)
AFFIDAVIT OF SERVICE
ATTORNEY FOR PLAINTIFF
: COURT OF COMMON PLEAS
: CIVIL DIVISION
.Cumberland County
iNO. 01-1195 Civil Term
PURSUANT TO Pa.R.C.P.RULE 3129.1
Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, 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: August 2, 2001
BY:
/~ MARK J. UDREN & ASSOCIATES
Mark J. Udren, Esquire
Attorney for Plaintiff
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482~6900
Washington Mutual Bank, its
successors and assigns
P.O. Box 57038
Irvine, CA 92619-7038
Plaintiff
VJ
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
Defendant(s)
ATTOP. NEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
NO. 01-1195 Civil Term
AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1
Washington Mutual Bank, its successors and assigns, 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: 783 Longs Gap Road
Carlisle, PA 17013
1. Name and address of Owner(s) or reputed Owner(s):
Name Address
Joanne Brown
783 Longs Gap Road, Carlisle, PA 17013
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
record:
Name Address
of every mortgage of
Plaintiff herein.
See Caption above.
5. Name and address of every other person who has any record lien on the
property:
Name Address
CAPJuISLE SUBURBAN AUTHORITY 240 CLEARWATER DRIVE, CARLISLE, PA 17013
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, 13 N. Hanover Street,
Carlisle, PA 17013
Domestic Relations Section
1 COURTHOUSE SQUARE, 13 N. Hanover Street,
Carlisle, PA 17013
Commonwealth of PA,
Department of Revenue
Bureau of Compliance, Dept. 280946
Harrisburg, PA 17128-0946
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
783 Longs Gap Road, Carlisle, PA 17013
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: AUGUST 2, 2001
MARK J. UDREN & ASSOCIATES
MARK J.UDREN, ESQ.
Attorney for Plaintiff
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, its
successors and assigns
P.O. Box 57038
Irvine, CA 92619-7038
Plaintiff
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. 01-1195 Civil Term
DATE: June 12, 2001
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE
OF RW.A?, PROPEP~TJ[
OWNER (S): JOANNE BROWN
PROPERTY: 783 Longs Gap Road, Carlisle, PA 17013
Improvements: RESIDENTIAL DWELLING
The above captioned property is scheduled to be sold at the
P~u~tlazkd County Sheriff's Sale on ~pt,mher 5. 2001, 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.
A Schedule of Distribution will be filed by the Sheriff on a date
specified by the Sheriff not later that 30 days after sale.
Distribution will be made in accordance with the schedule unless
exceptions are filed thereto within 10 days after the filing of the
schedule.
flUL 2,~'01
%
__ iI ~
EXHIBIT A
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, its
successors and assigns
P.O. Box 57038
Irvine, CA 9261947038
Plaintiff
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
Defendant(s)
ATTOP~N-EY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. 01-1195 Civil Term
~VERIFICATION OF SERVICE BY CMRTIFIED MAIL AND
RMGDT.AR MAIL PURSUANT TO COURT OPJ~ER
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: JUNE 27, 2001
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
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:
MARK J. UDREN & ASSOCIATES
Mark J. Udren, Esquire
EXHIBIT B
Certified Mail Provides:
· NO ]NSURANCE COVERAGE IS PROVIDED wRn Certified Mall. For
Receipt (PS Form 3811[ to the article and adci app~cable postage to cover the
U'iIPORTANT: Save this receipt and present it when making an inquiry.
PS Form 3800, July 199g [Rever~e) 102595-gg-M.1938
EXHIBI:T B
APR 0
MtRK J. UDREN & ASSOCIATES
BY: MARK J. UDREN, ESQLfIRE
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY~ SUITE 500
CI-[ERRY HILL, NJ 08034
856-482-69OO
Washington Mutual Bank, its successors and
assigns
P.O, Box 57038
Irvine, CA 92619-7038
Plaintiff
$oanne Browh
783 Longs Gap Road
Carlisle, PA 17013
Defendant(s)
ATTORNEY FOR PLAINTIFF
: COURT OF COMMON PLEAS
: CIVIL DIVISION
i Cumberland County
:
:
· NO. 01-1195 Civil Term
.-
:
:
AND NOW, this ]l~ day of ~pC'"'~ ,20 O' ,upon consideration of Plaintiffs
Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that
service of the Complaint In Mortgage Foreclosure and all subsequent pleadings on Defendant(s),
Joanne Brown, shall be complete when Plaintiff or its counsel or agent has mailed true and correct
copies of the Complaint In Mortgage Foreclosure and all subsequent pleadings by certified mail
and regular mail to the last known address of Defendant(s), .[oanne Brown at 783 Longs Gap Road,
Carlisle, PA 17013 and by posting the mortgaged premises at 783 Longs Gap Road, Carlisle, PA
17013.
BY THE COURT:
J.
MA~K J./~DP. EN & ASSOCIATES
BY: ~rk J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERI{Y HILL, NJ 08034
856-482-6900
Washington Mutual Bank, its
successors .and assigns
P.O. Box 5703B
Irvine, CA 92619-7038
Plaintiff
Joarlne Brow17
783 Longs Gap Road
Carlisle, PA 17013
Defendant(s)
ATTOP. NEY FOR PLAINTIFF
NO.
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland
County
01-1195 Civil
OF SERVICE BY CERTIFIED MA2LL AND_
MAIL PUR.~UA~T TO CO~
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: JUNE 27, 2001
Joanne Brown
783 Longs Gap Road
Carlisle, PA 17013
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:
MARK J. UDREN & ASSOCIATES
Mark J. Udren, Esquire
EXHIBIT'