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Home My WebLink About01-2717UDREN LAW OFFICES, p.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 woODCREST CORPORATE CENTER 111 woODCREST ROAD, sUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 washington Mutual Bank FA Successor in Interest to Bank united P.O. Box 8110 Vernon Hills, IL 60061 Plaintiff Vo John R. Kelley, Jr. 2165 New~ille Road Carlisle, PA 17013 Defendant (s) ATTORNEY FOR PLAINTIFF coURT OF COMMON PLEAS CIVIL DIVISION cumberland County :NO. 01-2717 p__RAECIPE ~O MARK SETTLED, DIsCONTinUED AND ENDED TO THE pROTHONOTARY: Please mark the above captioned matter SETTLED, DiScONTINUED and ENDED, upon pa~nuent of your costS only. ~ark J. udr~-=-n, Esquire UDREN LAW OFFICES, P.C. Attorney for Plaintiff Dated: S~eptember 22, 2004 MARK J. UDHEN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 W. HINOH HIGWWAY, SUITE SOO ~.'HHP-~Y HILL, NJ 08034 8S6-482-6900 Washington Mutual Bank FA Successor in Interest to Bank United 3200 S.W. Freeway Houston, TX 77027 Plaintiff John R. Kelley, Jr. 2165 Newville Road Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COU~T OF CO~ON PLEAS ~CIVIL DIVISION Cumberland County i M0. Of - 2717 COMPLAINT IN MORTGAGE FOP~CLOSU~E 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 BHOU~) TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAV~ A LANTER OR CANNOT AFFORD ONE, ~O TO OH TELEPHONE THH OFFICE SET FORTH BELOW TO FIND OUT WHEP. E YOU CAN GET LEGAL HELP. LAWYERS P, EFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 AV3~0 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paglnas 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 ¥ 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 daflende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso notificacion. Ademas, la corte puede decidir a favor del demandante y requlere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propledades u otros derechos importantes para usted. 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 xvithin 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 Jn writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mall it to you. Once we have mailed to you the required information, we will then continue the coflection 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 n 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= Union Federal Savings Bank of Indianapolis Assignments of Record to: Washington Mutual Bank FA Successor in Interest to Bank United Recording Date= 2/8/99 Book: 602 Page= 1104 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with PA.R.C.P. 1019 (g}. The infornmtion regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 2165 Newville Road MUNICIPALITY/TOWNSHIP/BOROUGH: Village of West Hill COUNTY: Cumberland DATE EXECUTED: 12/29/97 DATE RECORDED: 12/30/97 BOOK: 1424 PAGE: 281 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 said Mortgage itemized below, shall be in~nediately due. 5. After demand, the Defendant(s) continues to refuses to comply with the terms of the Note as follows: (a) secured by said Mortgage, together with other charges authorized by fail or by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below~ (b) 4/30/01: by failing or refusing to pay other charges, if any, indicated below. The following amounts are due on the said Mortgage as of Principal of debt due and unpaid Interest at 7.5% * from 8/1/00 to 4/30/01 (the per diem interest accruing on this debt is $19.68 and that sum should be added each day after 4/~0/01) Title Report Court ~osts (anticipated. excluding Shermff~s Sale costs) ' Escrow Overdraft/(Balance) (The monthly escrow on this account is $118.78 and that sum should be added on the first of each month after 4/30/01) Late Charges (monthly late charge of $31.61 should be added on the fifteenth of each month after 4/30/01) Property Inspections Corporate Advance Attorneys Fees (anticipated and actual to 5% of principal) £orth mn the Note amd Mortgage. $94,476.08 5,924.48 250.00 280.00 743.95 266.74 259.00 29.00 ~723.8~ $106,953.05 as mOre fully set 7. The attorneyWs fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff,s Sale. If the mortgage is reinstated prior to the sale, reasonable attorney,s fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. Notice of Intention to Foreclose under Act 6 of 1974 of the Commonwealth of Pennsylvania is not required as the original principal amount exceeds the sum of $50,000.00. The notice specified by the Pennsylvania Homeowner,s Emergency Mortgage Assistance Program, Act 91 of 1983, has not been sent because the Mortgage is insured by the Federal Housing Administration ("FHA.) and the notice is therefore not required. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $106,953.05 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. QUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 ALL THE FOLLOWIN~ DESCHZBED T~ACT OF LAND SITZ~ATH AND BEINQ IN THE VILLAGE OF WEST HILL, WEST P~NSBOH0 TO#NSHIp, ~ERLANO COUNTY, PENNSYLVANIA, BOUND~ AND DESCHIBED AH FOLLOWS, TO NIT: H~iNNIN~ AT A POST IN THH STATE HOAD LRADTNG FHOM CARLISLE TO NEWVILLE; THENCE ST PHOPVfRT~ NOW OH FOR]i~RLy OF SCOTT NBIBIT, NORTH I 1/2 D~REES EAST, 363 FEET TO A POST; TH~'Cm ST TH'm HAME, SOUTH 79 D'mGR'mES 'WEST, 60 FEET TO A POST; TN~(:~E BY ~ NOW OR FORMERLy 0F PAZLKEH NOILH~SOM, SGu'A'IS I 1/2 DE~RBES N~ST, 363 FEET TO A POST IN THE STATE ROAD AFORESAID; THENCE BY SAID ROAD, NOHTH 69 DE~REHS EAHT, 60 FE~T THE PLACE OZ' B~INNII~. belief and the source of his reports of Plaintiff,s agents. this statement herein is made Pa.C.S. Section 4904 relating authorities. 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 information is public records and The undersigned understands that subject to the penalties of 18 to unsworn falsification to Ma n, ESQUIRE MARK J. UDREN & ASSOCIATEs MAR.K J. UDREN & ASSOCIATES BY: M~.rk J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. EINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Washington Mutual Bank FA Successor in Interest to Bank United Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Vo John R. Kelley, Jr. Defendant (s) ]NO. 01-2717 To the Prothonotary: Kindly note on the record that the above Defendant, John R. Kelley, Jr. has filed a chapter 13 Bankruptcy in the Middle District of Pennsylvania on May 16, 2001, Bankruptcy case no.01-02829. Mark J. Udren, Esquire MARK J. UDREN & ASSOCIATES Attorney for Plaintiff SHERIFF'S RETURN - CASE NO: 2001-02717 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS KELLEY JOHN R JR REGULAR DEP JASON VIOl{AL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KELLY JOHN R JR the DEFENDANT , at 1930:00 HOURS, on the 7th day of May at 2165 NEWVILLE ROAD , 2001 CARLISLE, PA 17013 JOHN KELLY JR by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.34 Affidavit .00 Surcharge 10.00 .00 32.34 Sworn and Subscribed to before me this ~]~, day of ~ ~ ~ A.D. /P~othonotary ' , t So Answe s: . R. Thomas Kline 05/0s/2001 MARK J.D-DREN By: y g'~eri f f