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Home My WebLink About06-1950 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 p1eadings@udren.com Washington Mutual Bank, FA s/b/m/t Homeside Lending, Inc. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaint if f ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v, Dana Berry Ivy Berry 502 Northwest Carlisle, PA NO.Ol.., - /9,S'D ell.) ~ l T S0-~ Street 17013 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 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 import antes 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. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669.5400 1, Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Chapel Mortgage Corporation Assignments of Record to: Homeside Lending, Inc. Recording Date: 4/10/00 Book: 641 Page: 1088 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: 502 Northwest Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Carlisle COUNTY: Cumberland DATE EXECUTED: 4/30/99 DATE RECORDED: 4/30/99 BOOK: 1538 PAGE: 641 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due, 5. After demand, the Defendant (s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 4/1/06: Principal of debt due Unpaid Interest at 7.5% from 10/1/05 to 4/1/06 (the per diem interest accruing on this debt is $13.97 and that sum should be added each day after 4/1/06) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $178.20 and that sum should be added on the first of each month after 4/1/06) Late Charges (monthly late charge of $28.09 should be added in accordance with the terms of the note each month after 4/1/06) PMI $68,010.06 2,550.36 325,00 280.00 (101. 94) 157,21 56.58 Attorneys Fees (anticipated and actual to 5% o~ principal) TOTAL 3,400.50 $74,677.77 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8, Notice of Intention to Foreclose under Act 6 of 1974 of the Commonwealth of Pennsylvania has been sent to each Defendant, certified mail, in accordance with the requirements of that act, and copy (s) are attached hereto as Exhibit" A" and made part hereof. 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 $74,677.77 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark J. \~ft;) ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: ON THE NORTH BY LOT OF GROUND NOW OR FORMERLY OF EDWARD CARNAHAN; ON THE EAST BY NORTH WEST STREET; ON THE SOUTH BY "A" STREET; AND ON THE WEST BY LOT OF GROUND NOW OR FORMERLY OF HAROLD ALEXANDER. CONTAINING TffiRTY-FOUR (34) FEET IN FRONT ON SAID NORTH WEST STREET AND EXTENDING AT AN EVEN WIDTH ONE HUNDRED FIFTY-ONE (151) FEET IN DEPTH TO THE LOT OF GROUND NOW OR FORMERLY OF THE SAID HAROLD ALEXANDER. BEING IMPROVED WITH A FRAME BUNGALOW DWELLING KNOWN AS AND NUMBERED 502 NORTH WEST STREET, AND OTHER IMPROVEMENTS. PARCEL NO. 06 201798112 Washington Mutual Mailstop JAXB2004 P,O, Box 44090 Jacksonville, FL 32231-4090 January 19, 2006 DANA BERRY IVY BERRY 502 N W ST CARLISLE PA 17013 Q19147 IIII 11111111 8492483238 7100 4047 5100 2256 3591 WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PLEASE REVIEW THE DEBT VALIDATION NOTICE ENCLOSED NOTICE OF COLLECTION ACTIVITY ~: 8492483238 1 502N W, St, Carlisle P A 17013 Dear Borrower: The records of Washington Mutual Bank indicate that as of the date of this letter, you have failed to make the required monthly payments under the t~rms of your Note ("Note") and related Mortgage or Deed of Trust, whIchever is applicable ("Security Instrument") since 1l/0l/2005, The total amount presently due and owing ("Total Amount Due") consists of the following: Principal & Interest Payment:$ 1572.42 Escrow: 534,60 Accumulated Unpaid Late Charges: 92,65 Outstanding Fees Total: 8,90 Corporate Advance: 0,00 Credits: 0,00 Total Amount Due:$ 2418,11 The terms of the Note and Security Instrument require you to pay each monthly payment and any related late charge and other fees when due, This correspondence will serve to notify you that you are in default under the terms of your Note and Security Instrument because of your failure to pay the above mentioned Monthly Payments, related late charges and fees when due, You may cure this default within thirty (30) days from the date of this letter by paying to Washington Mutual Bank the total amount due plus any addllional monthly payments and late charges falling due witliin this thirty day period, Failure to cure sucli default within the 30-day penod will result in Washington Mutual declaring the entire outstanding principal balance, accrued interest and any other fees and charges due under the terms of the Note and Security Instrument to be immediately due CIAccelerationll). If this amount is not immediately paid at such time, Washington Mutual may exercise its remedies available under the terms of the Note and Secunty Instrument and applicable law, including the commencement of foreclosure proceedings which may result ;n the sale of your property. After acceleration, you will have the right to assert any grounds you may have to prove the non-existence of a default. You may also reinstate your loan. In addition, you will have the right in any related foreclosure proceedings to assert any defense to acceleration, the foreclosure litigation and, if applicable, the eventual sale of your property pursuant to a court order or trustee power of sale. 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. Please contact our office immediately to discuss your account status, Our toll free number is 1-866-926-8937, Sincerely, Collection Department C0823 EXHiBiT Ai V E R I FIe A T 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 subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. G -w. l ~ll Ul 8 U\ ~-._~. l,_) -n ,','", _.~ !/( -'-^' ~ . Q ,.. - ,--- , ~ U( pd c;l -r:: <-D .-.., b 'U - ::2 . f-_1 I-- ---L. April 27, 2006 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Claim No, 06-1950 (Civil Term) Plaintiff: Washington Mutual Bank, FA slb/mlt Homeside Lending, Inc. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Defendants: Dana Berry Ivy Berry 502 N orth West Street Carlisle, P A 17013 To Wh"n. It Mil] Cl:1Heem, ( KES;PoNSE ) This letter is in response to the complaint in mortgage foreclosure, filed in your court against us, by Washington Mutual Bank (No 06-1950), We do not contest that we are delinquent in our mortgage responsibilities and we have notified the lender several times about our financial situation, We have made previous attempts and are currently in the process of making additional attempts to rectify our mortgage and financial circumstances. If it pleases the court, we are asking for an opportunity to cure our default by establishing a workout plan or payment plan to address our outstanding mortgage payments in addition to resuming monthly mortgage payments as originally established with our creditor. We, currently, inhabit our home and it is our desire to remain in residence there if the court and our lender grants us leniency to do so. CncyrelY, . J~ n1 L Dana M, Berry' / and -==t1-rrT ~ Ivy J. Berry .~~,: C) ,-"", L;" SHERIFF'S RETURN - REGULAR \...... -, CASE NO: 2006-01950 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS BERRY DANA ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BERRY DANA the DEFENDANT , at 1930:00 HOURS, on the 10th day of April , 2006 at 502 NORTH WEST STREET CARLISLE, PA 17013 by handing to IVY BERRY, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: Sworn and 18,00 4,40 .00 10.00 .00 32,40 f;JI1/n Cl... Subscribed to betore r~~.c,~ R. Thomas Kline 04/11/2006 UDREN LAW OFFICE By: ~~~ me this day of A.D. Prothonotary SHERIFF'S RETURN - REGULAR \. . CASE NO: 2006-01950 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS BERRY DANA ET AL , Sheriff or Deputy Sheriff of VALERIE WEARY Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BERRY IVY the DEFENDANT , at 1930:00 HOURS, on the 10th day of April , 2006 at 502 NORTH WEST STREET CARLISLE, PA 17013 by handing to IVY BERRY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Aff idavi t Surcharge 6,00 .00 .00 10.00 .00 16.00 So Answers: r--"'~~'>~.~'( R. Thomas Kline -#~ '" ,..(:4~ l . Sworn and 5//'1/01. Subscribed 04/11/2006 UDREN LAW OFFICE ~b""efore By: /;L-~~ Deputy ~eriff me this day of A.D. Prothonotary ODREN 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 s/b/m/t Homeside Lending, Inc. ATTORNEY FOR PLAINTIFF ~(Q)~W COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Plaintiff v. NO. 06-1950 Civil Term Dana Berry Ivy Berry Defendant PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. Mar J. Udren, Esquire UDREN LAW OFFICES, P.C. Attorney for Plaintiff DATED:AuQUst 3. 2006 o C =<:""' \J,3-: Q~l ("' L:. ~-. ? 0, - -< ~-' r--"-' :<~ ~L;, ~.. -y :;d ..., = = .,... (/) r:~ o 'T1 -4 :r:...,., nlp ::qp:) ~~,\~ ?~ )~ :I~ ;::';C} (.5"'" ;.-{ 53 -< I C1' "'" -". W N