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HomeMy WebLinkAbout06-0485 UDREN 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 pleadings@udren.com Washington Mutual Bank, FA 1270 Northland Drive Suite 200 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Mendota Heights, MN 55120 Plaintiff v. John M. Nester Belinda S. Nester 327 South Sporting Hill Road Mechanicsburg, PA 17050 Defendant(s) NO. Ob -.l../M C?;~lLY~ COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AV1SO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas 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 0 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 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO 1MMED1ATAMENTE, S1 NO T1ENE ABOGADO o S1 NO T1ENE EL D1NERO SUF1C1ENTE DE PAGAR TAL SERV1C10. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OF1C1NA CUYA D1RECC10N SE ENCUENTRA ESCR1TA ABAJO PARA AVER1GUAR DONDE SE PUEDE CONSEGU1R AS1STENC1A LEGAL. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. Is! Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669.5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: PNC Mortgage Corporation of America Assignments of Record to: Washington Mutual Bank, FA Recording Date: TO BE OBTAINED 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant (s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g) The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 327 South MUNICIPALITY/TOWNSHIP/BOROUGH: COUNTY: Cumberland DATE EXECUTED: 2/22/99 DATE RECORDED: 2/26/99 BOOK: Sporting Hill Road Hampden Township 1522 PAGE: 787 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. S. After demand, the Defendant (s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 1/18/06: Principal of debt due Unpaid Interest at 6.5% from 9/1/05 to 1/18/06 (the per diem interest accruing on this debt is $14.73 and that sum should be added each day after 1/18/06) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $311.43 and that sum should be added on the first of each month after 1/18/06) Late Charges (monthly late charge of $38.47 should be added in accordance with the terms of the note each month after 1/18/06) MIP/PMI $82,698.96 2,042.16 325.00 280.00 (B1.00) Suspense Balance NSF Fee Recoverable Balance Attorneys Fees (anticipated and actual to 5% of principal) TOTAL 455.73 16.34 (623.07) 30.00 665.00 4.134.94 $89,944.06 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 $89,944.06 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. \ru Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ~ , ..I.I"~r "LEGAL DESCRIPTION" ALL THAT CERTAIN piece or parcel of land, situate in the Township of Hampden, County of Cumberland and State of pennsylvania, more particularly bounded and described according to a survey of the property dated July ~3, ~979 by Gerrit J. Betz, Registered Surveyor, as follows, to wit: BEGINNING at a point on the easterly line of Sporting Hill Road, Legislative Route No. 2~016, at the dividing line between Lots Nos. 16 and 17, Block A, on the hereinafter mentioned Plan of Lots; thence North 5 degrees 55 minutes West along said Sporting Hill Road, a distance of sixty (60l feet to Lot No. 18, Block A, now or formerly of Allen B. Commings; thence North 84 degrees 5 minutes East a distance of one hundred twenty (~20) feet along the said Lot No. ~8, Block A to the intersection of the dividing lines of Lots Nos. 18, 12, 13 and 15, Block A on the hereinafter mentioned Plan of Lots; thence South 22 degrees 31 minutes 30 seconds West a distance of sixty-eight and twenty-tbree hundredths (68.23) feet along the said Lot No. ~5, Block A, now or formerly of Richard J. Gramm, to the line of Lot No. 16, Block A, now or formerly of Robert L. Shartzer; thence South 84 degrees 5 minutes West a distance of eighty-seven and five tenths (87.5) feet along the said Lot No. 16, Block A to a point on the eastern line of Sporting Hill Road, the place of BEGINNING. BEING Lot No. 17, Block A, Plan NO.1 of Del-Brook Manor, which Plan is recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, at Plan Book 6, Page 42. HAVING thereon erected a one and one-half story brick and frame dwelling house with a concrete driveway. Washington Mutual Mailstop JAXB2004 P.O. Box 44090 Jacksonville, FL 32231-4090 1111111111111 n 5100086254 7100 4047 5100 2142 1953 December 15, 2005 001385/PA JOHN M NESTER 327 S SPORTING MECHANICS BURG WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PLEASE REVIEW THE DEBT VALIDATION NOTICE ENCLOSED NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 5100086254 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOl\1E FROM FORECLOSURE This is an official notice that the mort~ee on your homp. is in dp.f::mlt and the lender intends to foreclose Specificc information ahout the "::ItnTe of the default is nrovided in the attached oae-es The HOMEOWNER'S MORTCiAClE ASSISTANCE PROGRAM lHflMAP) may he ahle to helD to save your home This Notice expl:lins how the program works To Sf'.e if HFMAP can helD VOll must MEET WITH A CONSUMER CRFDIT r:OUNSELING AGENCY WITHIN 30 DAYS OF TAF DATE OF THIS NOTTr:E T:lke this Notice with yOll whim yOll meet with the C:Olm~linf' Agr.ncv The name addre'is and "hone numher of Consumer Credit COllnselinp Apencies serving your County Ilre listed at the end of this Notice If yOll have anv ouestions YOll m;lv ..;Ill the Pennsylvllnia HOllsinv Finance Arp.nc.y toll free:lt I-H(](J-342..2397 (Persons with imnaired hearing can call (717) 7RO-IRfiQ) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTlFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTlNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTlFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBI1. PA Ac.."T 91 HOMEOWNER'S NAME(S): John M. Nester PROPERTY ADDRESS: 327S Sporting Hill R. Mechanicsburg PA 17055 5100086254 LOAN ACCT. NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Washington Mutual Bank 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 PAYMENI'S, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TRMPORARY STAY OF FORRCI.OSlJRF. - Under the Act. you are entitled to a temporary stay offoreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-ta-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MRF.TING MIIST OCCUR WITHIN THE NEXT nO\ DAYS IF YOI J DO NOT APPLY FOR EMFRCTPNCY MORTGAGF ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE l:ALLED IlHOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSIIMRR CREDIT COIJNSELlNG AGENCIRS - 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 mee.ting. The names addres'if's and telenhone numhers of desipnated consumer credit counsf'ling agencies for the county in whir.h 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 im.Inj~dialcly. of your intentions. APPLICATION FOR MORTGAGE ASSISTANCF. - Your mortgage is in default for the reasons set forth 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 ArTION ~ 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. 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 COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) 001385/c0826 HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it un to date). N ATIJRR OF TH'R D'RF AIJI .T - The MORTGAGE debt held by the aoove lender on your property located at: 327S Sporting Hill R. Mechanicsburg P A 17055 IS SERIOUSLY IN DEFAULT BECAUSE, Non-payment A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Installments: 10/01/2005 11101/2005 12/0 112005 $1118.76 $1118.76 $1118.76 Other charges (explain/itemize): Uncollected Late Charges Uncollected Fees: Less Credits TOTAL AMOUNT PAST DUE, $378.79 $83.40 $623.07 $3195.40 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACfION (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 $3195.40, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavment~ mlHlt he made either hy cash ca<;hier's check certified check or money order made navahle :md ~ent to' Washington Mutual Bank Cash Processing P.O. Box 3200 Milwaukee, WI 53224 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Not applicable): IF YOIT 00 NOT rlJRR TH'R D'RFAIJT T - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise it" rights to :acr'elerate the mortgllge deht This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the 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 forP.f'lose IIno" vOllr mort2a2ed oronertv. *IF THR MORTGAGE IS FORECLOSRO IIPON The mortgaged property will be sold by the Sheriff 1.0 payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins 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 attonery'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 vall curl' the defalllt within the THIRTY {3m DAY neriad vall will not be reuuired to n:!lv :!Ittornev's fees. OTHER LENDER REMEDIES ~ The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. PA AC'T 91 RIGHT TO ('I'HR TAR IlRFAlrI.T PRIOR TO SHRRIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yOll m:w still h:lve the ripht to cure the defulllt and prevent the s:lle:lt :lny time IIp to one hOllr hefore the Sheriff's Sale YOll may do..o hv "::lying- the tot:1l :1ffiOunt then past due plus any late or other charges then duE' rf'~'lsonahle :1ttorney's fees and costs connected with the foreclosnre sale and any other costs connected with the Sheriff's Sale:ls snecified in writinp' hv the lender and hv nerforminll any other reauirp.ments under the mortp-ap-e 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. F.ARI.TK'i:T POSSTRI.R SHF.RTFF'S SAI R nATF: - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 9 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. HOW TO C.ONTACT THE LENDER: Name of Lender: Address: Washington Mutual Bank 7255 Baymeadows Way Jacksonville, FL 32256 866-926-8937 904-281-3914 Collection Department www.wamuhomelnans.com Phone Number: Fax Number: Contact Person: Email Address: RFFRr.TS OF SH'F.RIFF'S SAl.E. - 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 _ mayor X may not 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 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 THE DEFAULT CURED BY ANY THIRD PARTY ACfING ON YOUR BEHALF . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDtNG 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. PA ACT 91 V E R I F I CAT ION 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 subj ect to the penal ties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. d10 Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. t::J \t- - ~ w )..) r- p {o. 7'- Ul \L tI\ Lr1 - ~ ~ lI\ \J ~ 1- ., , (\ hU ,~, __1 \:.. ..,. -;', j ~l, . ".) , . _..J ------- . ... CASE NO: 2006-00485 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS NESTER JOHN M ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - MORT FORE NESTER JOHN M the DEFENDANT , at 1906:00 HOURS, on the 31st day of January 2006 at 327 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17050 JOHN NESTOR 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 Service Affidavit Surcharge 18.00 10.56 .00 10.00 .00 38.56 So An~;;~~~~ t J R. Thomas Kline 02/01/2006 UDREN LAw~omce, ;7" ~ By: -. 1/) .~~ '.... Deputy Sh€riff me this day of Sworn and Subscribed to before tv 1 - A.D. l ... SHERIFF'S RETURN - REGULAR CASE NO: 2006-00485 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS NESTER JOHN M ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NESTER BELINDA S the DEFENDANT at 1906:00 HOURS, on the 31st day of January , 2006 at 327 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17050 by handing to JOHN NESTER, HUSBAND 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 Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: "'''/ P~"::~' l' .~' ';''''7' :;-P""~'"?"e~'!. ,.('~~ , ) R. Thomas Kline me this tL 1- day of 02/01/2006 UDRENB::=-:~ ~__~ "~~~~ff --- Sworn and Subscribed to before :J A.D. UDREN 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 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, FA Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. John M. Nester Belinda S. Nester Defendant NO. 06-485 Civil Term PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. Mark J. Udren, Esquire UDREN LAW OFFICES, P.C. Attorney for Plaintiff DATED: April 26. 2006 (") c ?-:: , :~ ....., = = "'"' ~ 3;: -< N .. o .." :r nl~ -om cn,? C:?c} ;~,r: :-+i ,20 ~m S5 -< --0 ~ - ~ .&:""