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HomeMy WebLinkAbout09-7542UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ?,_AUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS 12650 Ingenuity Drive :CIVIL DIVISION Orlando, FL 32826 Plaintiff :Cumberland County V. 6 Randy E. Finkey 1237 Franklin Street NO. Oq - '15µa 0'("il Tl°-Pw'` Carlisle, PA 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 TARE 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 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMIEDIATAK'NTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 E 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 a Corporation who is the legal holder of the Mortgage that is the subject of this Mortgage Foreclosure action. Plaintiff is in the process of formalizing the Assignment of Mortgage to be sent for recording. 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 1237 Franklin Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Carlisle COUNTY: Cumberland DATE EXECUTED: 2/29/08 DATE RECORDED: 3/5/08 INSTRUMENT NO: 200806453 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 e:: 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 10/20/09: Principal of debt due $114,131.52 Unpaid Interest at 7.00% from 12/1/08 to 10/20/09 (the per diem interest accruing on this debt is $22.19 and that sum should be added each day after 10/20/09) 7,043.36 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $258.33 and that sum should be added on the first of each month after 10/20/09) 1,939.29 Late Charges (monthly late charge of $38.26 should be added in accordance with the terms of the note each month after 10/20/09) 114.78 Property Inspection 10.50 PMI 185.92 Attorneys Fees (anticipated and actual to 50 of principal) 5,706.58 TOTAL $129,736.95 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 d 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 $129,736.95 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDR CES, P. c. BY: Attorney for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE -LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE ALL THAT CERTAIN tract of land with the buildings and improvements erected thereon located in> dje Borough of Carlisle, Cumberland. County, Pennsylvania, pursuant to a Preliminary/Final Subdivision Land bevelopment Plan for ]Mitchell S. Gelbaugh and Heather A. Barbour, recorded November 2, 2007, in the office of the' Recorder of Deeds in and for Cumbcrland'County, Pennsylvania, at Instrument No. 200741618, more particularly bounded and described as follows: BEGINNTNO at a point on the dedicated right-or-way line of Franklin Street (60' right of way) at the southwcstom corner ofiland now or formerly of COC Associates as shown on the above Plan, South 88 degrees 29 minutes 58 seconds East 161.38 feet to a point; thence along the 16' private allay as set forth on the above Plan, South 13 degrees 15 minutes 00 seconds West 87.66 feet to a point; thence along; Lot 9#2 as shown, on the above Plan, North 76 degrees 45 minutes 00 seconds 'Vest 158.00 fect to a point; thence along dedicated. right-of-way fine of the said FFrauldin Street, North 13 degrees 15 minutes 00 seconds rest 54.80 feet to a point, the point and place of BEGINNING. +nrruanna 1:12:55 PM 132'1NG Lot #1 an the Prelirninary/Finai Land Development Plan prepared for Mitchell S, GObauah and II-leather A. Barbour. I31zING known and numbered as: 1237 Franklin Sweet, Carlisle, PA 17013 CONT.ANING 11,254.59 square feet (0.2584 acres). CUMBERLAND COUNTY Inst # 2DDSD5452 -Page 1 of . f: f' f Ocwen Loan Servicing, LLC 's i P.O. Box 24737 West Palm Beach Florida 33 0 C W E N , 416-4737 (Do not send correspondence or payments to the above address) WWW.OCWEN ;OM September 16, 2009 VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515128719314 Reference Code: 0901 Randy E. Finkey 1237 Franklin Street Carlisle, PA 17013-0000 Loan Number: 70771050 Property Address: 1237 Franklin Street, Carlisle, PA 17013-0000 PLEASE SEE THE ENCLOSED DOCUMENT EXHIBIT A DACr91.15 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt t: Omen Loan Servicing, LLC i P.O. Box 24737 West Palm Beach, Florida 33416-4737 O C W E N (Do not send correspondence or payments to the above address) WWVb'.OCWEN.COM APPENDIX A September 16, 2009 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The HO O RIS MORTGAGE ASSISTANCE PROGRAM (H MAPLmay be able to he1F to save vour Home i nic Notice explains how the program work The name. address and phone number of Consumer Credit Counseling se Agencies ur Count; are 1? ted at the end rvin of this Notice If Von haVP 9nV nnnefinne - n al. n . , LA NOTIFICACION EN ADJUNTO ES DE SUMA MORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDINIIR SU HIPOTECA. HOMEOWNER'S NAME(S): Randy E. Finkey PROPERTY ADDRESS: 1237 Franklin Street Carlisle, PA 17013-0000 LOAN ACCT. NO.: 70771050 ORIGINAL LENDER: CURRENT LENDER/SERVICER: OCWEN This communication is from a debt collector attempting to collect a debt; a information obtained will be lrsed or that ouCrvl 15 rpose. s an However, if the debt is in active bankruptcy or has been discharged through ban f p a kruptcy, this communication is not intended as and does not constitute an attempt to collect a debt Ocwen Loan Servicing, LLC i P. 0. Box 24737 O - West Palm Beach, Florida 33416-4737 0 C W E N (Do not send correspondence or payments to the above address) V4'WW.pCWEN t"(M HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE 'J iC'iRLE FOR O F - .OSURF 0 AL ASSISTANCE WHif'iI prj A YOTIt HO FROM AND riLI Y YUU MAKF FiTTT1RF TG AGE - - -- 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. TEMPORARY TAY OF FORECLOSURE -Under the Ant a Xszu a..??,¦?,ut...? x armoorarv??y of forerlncnre .... Y.4liC moral= for-Will: ys from the date of the Nohce D rinv that time you must arran 1? grand attend a face-tm?sA.•e„ m l g with one of he conc,emQr credit counseling agencies Licted at the nd of his 1`'ohce TF^S MEETING MUST OCCUR WITHJ THE NEXT (3Q) DAYS, IF YOU DO NOT APPLY FOR ' EhffJWIENCY MORTGAGE A Q SIANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATF THE PART OF THIS NOnCE i i ED"HOw YOUR MORT A F DEFAULT". XP UNS HOW TO BRING YOUR MORTGAGE UP TO DA TO rRF CONSUMER FDIT O 11?'4Fi IN A N'CII.S _ If you meet with one of the consumer credit counseling agency 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. Jg names, addressee and telenhnne numbers of designated con4nmer c '' 111111111111t Conn Re ing?gencles for he county in which he urouerty 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 MORT A ASSI T NCF _ 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 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. 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). This communication is from a debt collector attempting to collect a debt, any information obtained will be used for that purposes However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and t_ does not constitute an attempt to collect a debt Ocwen Loan Servicing, LLC P.O. Box 24737 0 C W E N West Palm Beach, Florida 33416-4737 O (Do not send correspondence or payments to the above address) WWW.O WEN COM HOW TO CURE. YOUR MORTGAGE DEFAULT (Bringi1j u di a NATURE OF THE. D FA ' T -The MORTGAGE debt held by the above lender on your property located at: 1237 Franklin Street, Carlisle, PA 17013-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 9 payments in the amount of $ 1,023.43 from January 01, 2009 through September 16 2009 DETAIL SIMMARY, Principal and Interest ................................. $ 6 885 90 Interest Arrealage..................................... Escrow , . $ 0.00 .................................................. Late Charges ............ $ 2,324.97 ............................... Insufficient Funds Charges .... $ 38.26 ....................... Fees / Expenses...... $ 0.00 ...... Suspense Balance (CREDIT).. $ 10.50 .. Interest Reserve Balance (CREDIT) $ 0.00 ................ TOTAL DUE $ 0.00 .......................................... $ 9,259.63 HOW TO IItF. THE nFFerrr T PAYING _ You may cure the default within THIRTY (30) DAYS of the date of this notice BY THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $9,259.63, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pa ent must be made either by Money Gram_ C 9sh?pr's Cherlc f'p.fified Chet or Money Order made Ravable and sent to OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-0440 IF YOU DO NOT CURE THE D FA n T - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intend to exercise it rights t0 a ! 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 anon your mortgage Lama. IF THE. MORTGAGE IS ^D?^LOSED TPON _ The mortgaged property 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 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 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 he THIRTY ( DAY he men i d to pay attorney's fees )--Period. you will not 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 T S REEFS 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 th default and prevent the sale at any time un to one hour before the Chm ifile ca1o v- - Maui M=b under h morWgc Curing your default in the manner set forth in this notice will restore our mo the same position as if you had never defaulted. Y rtgage to F.ARLIF.CT POSSIBLE SHERIFF'S c A r F D A T? _ It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs 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 servicer. DACT91.15 is comrmrnicatipn is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt Ocwen Loan Servicing, LLC P.O. Box 24737 #O West Palm Beach, Florida 33416-4737 O C W E N (Do not send correspondence or payments to the above address) WWW.OCWEN C"C)M HOW TO CONTACT THE SERVICER: Name of Servicer OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 33416-4737 Phone Number: 877-596.8580 Fax Number: 407-737-5693 Contact: Early Intervention Dept EFFECT O ERUT'c ceL F - 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. ASSIRKMON OF MORT A - 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 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 CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) 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 BANKRUPTCY LAW. CON 1MFR CREDIT COUNSELING ENCIES QFD\lil IG YOU v This communication is DAM1.15 from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he/she has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN AW ES, P.C. BY: Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE E,. s FILED- ,,`-ri OF ThEc F '? i I-'O OTIAPY 20H OCT 30 FM 3.23 I V1 44, ?*- l3R s38 a3aaoo gT* SHERIFF'S OFFICE OF CUMBERLAND COUNTY f??L.EC?-O??YYCE RThomas Kline r ?H TAPY Sheriff Ronny R Anderson Z?? NOV PM - Z? { 3 Chief Deputy Jody S Smith Civil Process Sergeant OFFICE OF ? `uER'FF =N'j'? Edward L Schorpp Solicitor Ocwen Loan Servicing, LLC Case Number vs. 2009-7542 Randy E. Finkey SHERIFF'S RETURN OF SERVICE 11103/2009 07:35 PM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on November 3, 2009 at 1935 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Randy E. Finkey, by making known unto himself personally, at 1237 Franklin Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 November 04, 2009 SO ANSWERS, ? 0'a" 41W 0 R THOMAS KLINE, SHERIFF $y, Deputy Sheriff Icj CouctySuite Sheriff. T'eieosoff, Gn:. ,SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r FI ED- IMC r d.°? 71' pl u+rrbrrf??? : i t PRiJ rtJ0` Jody S Smith Chief Deputy , PR G 5 PH 2-' 2'-- Z) Richard W Stewart Solicitor Orr-cE ?T- ="jR'FF CUMBERLAND CGUN y PENNSYLVA IIA Ocwen Loan Servicing, LLC vs Case Number . Randy E. Finkey 2009-7542 SHERIFF'S RETURN OF SERVICE 03/3012010 07:10 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 3/30/10 at 1920 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Randy E. Finkey, located at, 1237 Franklin Street, Carlisle, Cumberland County, Pennsylvania according to law. 05/27/2010 Property sale postponed to 7/7/2010. 07/06/2010 Property sale postponed to 8/4/2010. 07/14/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Udren on 7/8/10, waiting on balance of 862.17 SHERIFF COST: $2,362.17 SO ANSWERS, April 25, 2011 RON R ANDERSON, SHERIFF ©o Cam. • sue u 5 X37/ (c) CountySuite Sheriff Teleosoft. Inc. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J' UDREN, ESQUIRM - ID #04302 S?UART. WI?WEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 C$ERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION V. :Cumberland County :MORTGAGE FORECLOSURE Randy E. Finkey :NO. 2009-7542 Civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Ocwen Loan Servicing, LLC, 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: 1237 Franklin Street, Carlisle, PA 17013 1. Name and address of owner(s) or reputed owner(s): Name Address Randy E. Finkey 1237 Franklin Street 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 of every mortgage of record: Name Address Ocwen Loan Servicing, LLC 12650 Ingenuity Drive Orlando, FL 32826 Members 1st Federal Address to follow Credit Union UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. U.DREN, ESQUIRE- ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION V. :Cumberland County :MORTGAGE FORECLOSURE Randy E. Finkey :NO. 2009-7542 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Randy E. Finkey 1237 Franklin Street Carlisle, PA 17013 Your house (real estate) at 1237 Franklin Street Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on June 2, 2010, at 10:00 A.M in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $131,312.61, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY'STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN.IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7542 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due OCWEN LOAN SERVICING, LLC, Plaintiff (s) From RANDY E. FINKEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $131,312.61 L.L. $.50 Interest from 12/6/09 to Date of Sale 6/2/10 Ongoing Per Diem of $22.19 -- $3,972.01 Atty's Comm % Atty Paid $160.50 Plaintiff Paid Date: 12/7/09 (Seal) Due Prothy $2.00 Other Costs REQUESTING PARTY: Name: LOUIS A. SIMONI, ESQUIRE Address: UDREN LAW OFFICES, PC WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 200869 , I L_ On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered, 1237 Franklin Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By- Rea Estate Coordinator 73 CA A 0 bZ -.8 d I 1 330 01 dd '1?l.Nt,u'U PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, April 23, and April 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as 40 time, place and character of publication are true. i Marie Coyne, Edit SWO TO AND SUBSCRIBED before me this 30 da of Aril 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 Wsit No. 1009-7642 Civil Ocwen Loan Servicing, LLC VS. Randy E. Finkey Atty: Mark J. Udren ALL THAT CERTAIN tract of land with the buildings and improve- oof ments erected Carlisle, the Borough gh Cumberland ursuant to County, Pennsylvania, subdivision land a preliminary/ development plan for Mitchell S. Gelbaugh and Heather A. Barbour, recorded November 2, 2007, in the office of the Recorder of Deedin and for Cumberland County, Pennsylva- nia, at Instrument 200741618, more particularly bounded and scribed, as follows: BEGINNING at a poi t Ittsaa the dedicated right-of-way lin Street (60' right of way) at the southwestern corner of Iced or formerly of COC Associates as shown on the above plan, South 88 degrees 29 minutes 58 seconds East 161.38 feet to a point; thence along the 16 private alley as set forth on the above plan, South 13 degrees minutes 00 t seconds West 87.66 feet to a a point; thence along Lot #2 feet as shown on the above plan, North 76 degrees 45 minutes 0 s ekoe ds West 158.00 feet to a point; line of along dedicated right-Of-way the said Franklin Street, North 13 ast degrees 15 minutes 00 seconds e poEand 54.80 feet to a point, place of BEGINNING. preliminary/ BEING Lot # 1 on the ree prepared final land development plan Heather for Mitchell S. Gelbaugh and A. Barbour. BEING 1237 NUMBERED STREET, CAR- LISLE AS , PA 17013. CONTAINING 11,254.59 SQUARE FEET (0.2584 ACRES) BEING KNOWN AS: 1237 Franklin Street, Carlisle, PA 17013. ID NO.: 06- 392. TITLE TO SAID PREMISES key by VESTED IN Randy B deed from Mitchell S. Gelbaugh, a single person and Heather A. ar- bour, a single person dated 2/29/08 recorded 3/5/08 Instrument No. 200806452. {s 1?' 6?sla?l?c1;4 The Patriot-News Co. 2020 Technology Pkwy Sdite 300 Mechanicsburg, PA 17050 Inquiries - 7'17-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 z4fPatriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16/10 XJ. ` . 4... . . . . . . . . . . . . Sworn to and-gbBscribed before me this 1.8 day of May, 2010 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Klsner, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2011 Member. Pennsylvania Assoclatlon of Notaries 04/23/10 04/30/10 INA#1W 2000-7W Ch* Tom 044" L400 Swvwft LLC Va. 1W?L FMk*y Ate. Uft ,3 EIi11)ti ALL THAT CERTAIN tract of land with the buildings and improvements erected thereon located in the Borough Of Carlisle, Cumberland County, Pennsylvania, pursuant to a preliminary/ final subdivision land development plan for Mitchell S. Gelbaugh And Heather A. Barbour, recorded November 2; 2007, in the office of the Recorder OfDeeds m and forCvmberlandCounty, Pennsylvania, atinstrument No. 200741618, More particularly bounded and described, as follows: BEGINNING at a point on the dedicated right-of- way line of Franklin Street (W right of way) atthe southwestern comer of land now or formerly of coc associates as shown on the above plan, south 88 degrees 29 minutes 58 seconds east 161.38 Feet to a point; thence along the 16 private alley as set forth on the above plan, south 13 degrees 15 minutes 00 seconds west 87.66 Peet to a point; thence along lot #2 as shown on the above plan, north 76 degrees 45 minutes 00 seconds west 158.00 Feet to a point; thence along dedicated right-of-way line of the said franldin street, north 13 degrees 15 minutes 00 seconds east 54.80 Feet to a point, the point and place of beginning. BEING LOT #1 ON THE PRELIMINARY/ FINAL LAND DEVELOPMENT PLAN PREPARED FOR MITCHELL S. GELBAUGH AND HEATHER A. BARBOUR. BEING KNOWN AND NUMBERED AS 1237 FRANKLIN STREET, CARLISLE, PA 17013. CONTAINING 11,254.59" SQUARE FEET (0.2584 ACRES). BEING KNOWN AS: 1237 Franklin Street Carlisle, PA 17013 PROPERTY ID NO.: 06-19-1643-392 TITLE TO SAID PREMISES IS VESTED IN RANDY B. FINUY BY DEED FROM MITCHELL S. GELBAUGH, A SINGLE PERSON AND HEATHER A. EARBOUR, A SINGLE PERSON DATED 2129108 RECORDED 3/5/08 INSTRUMENT NO. 200806452.