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HomeMy WebLinkAbout10-2366UDREN LAW OFFICES, P.C. --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 LOUIS 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 ATTORNEY FOR PLAINTIFF c? D Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS 12650 Ingenuity Drive ':CIVIL DIVISION Orlando, FL 32826 Plaintiff Cumberland V. Timothy M. Sweeney P.O. Box 132 € NO . / r New Cumberland, PA 17070 Defendant(s) County a34,G 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 -cr 800-990-9108 T 0 ? ? 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 IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 C 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 e 1. Plaintiff is the Corporation designated as such in the caption on a preceding page, who is the legal holder of the Mortgage and 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: 607 5th Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of New Cumberland COUNTY: Cumberland DATE EXECUTED: 7/23/07 DATE RECORDED: 8/7/07 Instrument # 200730813 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; E7 (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 3/31/10: Principal of debt due $88,060.53 Unpaid Interest at 6.8750 from 8/1/09 to 3/31/10 (the per diem interest accruing on this debt is $16.47 and that sum should be added each day after 3/31/10) 4,015.17 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $136.83 and that sum should be added on the first of each month after 3/31/10) 263.86 Late Charges (monthly late charge of $29.56 should be added in accordance with the terms of the note each month after 3/31/10) 59.12 Suspense Balance (538.76) Property Inspection 21.00 Attorneys Fees (anticipated and actual to 5%s of principal) 4,403.03 TOTAL $96,888.95 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. C 8. The combined notice specified by the Pennsylvania I 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 $96,888.95 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. I¢EX,, P. C. BY: v --I z Attorne s f r laintiff JULgk J. l R N, ESQUIRE STUART WI G, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE- CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE F- SCHFOIJL,E "A" LEGAL DESCPJPInON ALL THAI CERTAIN tract or piece of }sad, stuate is tie boxvggh of New Cumbe[tandl C.oua',y of C mberlend, Pennsylvania, mom padcularly ho=mded and described aS fellows,. to: wit: BEaiNNIN G at a point in the northers line of ri#tb S"trect nee hundred (100) feet Beat from the m9thoast comer of Rosemont A.vemw and Fifth Street; thence m thmrdly along the a line of Lot No. 9, Block "It", on the it er merdarsed Plea of Lots, one bw dmd hotly {i 40) fiat to a point in the southern fine of Smith Avenue; thence castwardly slang dtt sonffiern firer of Smith Avam fifty (50) fact to a point in the western line of Lot No. 6, Block "R"; thence soul w illy along the wca m line of Lot No. 6, Block "R", out hundred forty (140) feet to a paint in the nortint= litre of Fifth Street & 0= wmbvw* almW the northan tine of Fifkh Sftwt, fifty (50) fact io it point, the place of BEGINNING. BEING Lars: No. 7 and No. 8, Block "R°, = the Plan of G=V W. Bumm ffs Additiotc of New Cuatberland as recorded in the Office for the Reair+der of Deeds in and for dw County of Cannberland in Deed Book "N", Volume 5, page 499. BEING J11F SAME PUMISES which Timothy M. Swecwv and Donna W. Sweeaoy, fon=ly knows as Donna M, Weaver, husband and wife, by their deed dated dune I8,1994 and recorded hue 23,1994 in *e Office of'*e Recorder of Deeds in and for CumbMind CO'Mty, Pwnsylvwda, in Decd Book 202 at page 200, granted and caaveyed Unto TimMhy M, Svweeray and Donna W Sweeney, husband and wife. C, F 0 Ocwen Loan-Servicing, LLC P.O. Box 24737 West Palm Beach, Florida 33416-4737 C C W E N (Do not send correspondence or payments to the above address.) January 16, 2010 VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515130967390 Reference Code: 0909 Timothy Sweeney PO Box 132 New Cumberland, PA 17070-0000 Loan Number: 71482533 Property Address: 607 5th Street, New Cumberland, PA 17070-0000 PLEASE SEE THE ENCLOSED DOCUMENT EXHIBIT DACT91.16 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 Ocwen Loan Servicing, LLC P.O. Box 24737 O C WE E N West Palm Beach, Florida 33416-4737 (Do not send correspondence orpayments to the above address) WWW.OC'WEN.COM January 16, 2010 APPENDIX A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the- Counseling Agency_ The name address and phone number of Consumer Credit ounselingAgencies serving your County are listed at the end of this Notice. If you have any questions,youu may call the Pennsylvania Housing Finance Agency toll free at (800) 342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information If you have any questions, representatives at the Consumer Credit Counseling Agency 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 NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES 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 REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Timothy Sweeney 607 5th Street New Cumberland, PA 17070-0000 71482533 OCWEN DACT91.16 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 0 intended as and does not constitute an attempt to collect a debt O . Ocwen Loan Servicing, LLC P.O. Box 24737 O C W W E N West Palm Beach, Florida 33416-4737 (Do not send correspondence or payments to the above address) WWW.OCWEN.COM HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on. your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS, IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CAL LED"HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - 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. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face- to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set 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). DACT91.16 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 Ocwen Loan Servicing, LLC P.O. Box 24737 O .__ C .. W . E . N . West Palm Beach, Florida 33416-4737 (Do not send correspondence orpayments to the above address) 'A'W 1-.OCWEN.COM HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 607 5th Street, New Cumberland, PA 17070-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 5 payments in the amount of $ 787.03 from September 01. 2009 through January 16. 2010 DETAIL SUMMARY : Principal and Interest ................................. $ 2,956.20 Interest Arrearage ..................................... $ 0.00 Escrow .................................................. $ 978.95 Late Charges ........................................... $ 0.00 Insufficient Funds Charges ........................... $ 0.00 Fees / Expenses ........................................ $ 10.50 Suspense Balance (CREDIT) ........................ $ 0.00 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 3,945.65 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 $3,945.65, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Money Gram, Cashier's Check Certified Check or Money Order made payable and sent to: OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers 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 the THIRTY (30) DAY neriod you will not be required to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. HT TO CURE THE DEFAULT PRIOR TO SHERIFF'S ALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs a You may do so by paving the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's ale a specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. DACT91.16 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 C' Ocwen Loan Servicing, LLC P.O. Box 24737 • O C •° W E •° N West Palm Beach, Florida 33416-4737 (Do not send correspondence orpayments to the above address) 11'1t'W.O0U7EN.CO;M ! EARLIEST POSSIBLE SHERIFF'S ALE DATE - 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. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 33416-4737 Phone Number: 800-310-9229 Fax Number: 407-737-6300 Contact: Early Intervention Dept EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or `i 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY DACT91.16 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 e : . . . . . . . . . . . . . . . . . . . . Ocwen Loan Servicing, LLC P.O. Box 24737 O C W E -1E... N ' West Palm Beach, Florida 33416-4737 (Do not send correspondence or payments to the above address.) W WW.OCWEN,C'OM January 16, 2010 VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515130967406 Reference Code: 0909 Timothy Sweeney 607 5th Street New Cumberland, PA 17070-0000 Loan Number: 71482533 Property Address: 607 5th Street, New Cumberland, PA 17070-0000 PLEASE SEE THE ENCLOSED DOCUMENT DACT91 16 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 C Ocwen Loan Servicing, LLC P.O. Box 24737 O C W E N West Palm Beach, Florida 33416-4737 (Do not send correspondence or payments to the above address.) January 16, 2010 APPENDIX A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 1N17WW.()CWEN.CQM This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM ff-IEMAP) may be able to help to save your home This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at (8001342-2397 (Persons with impaired hearing can call (717) 780-1869) This Notice contains important legal information If you have any questions representatives at the Con u ner 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 NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES 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 REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Timothy Sweeney 607 5th Street New Cumberland, PA 17070-0000 71482533 OCWEN DACT91.16 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 F Ocwen Loan Servicing, LLC P.O. Box 24737 O C " W E E " N West Palm Beach, Florida 33416-4737 " (Do not send correspondence orpayments to the above address.) NAAN!W.0CWEN.C0M HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN AVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORA RY STAY O F FORECLOS URE Under the Act you are entitled to a temporary stay o f foreclosure on your mortg age for thirty (30) days from the dat e of this Notice During at time you must arran ge an d attend a "face- to-face" m eeting with on e of the consum er cred it counseling agencies listed at the end of this No tice T HIS MEETING MUST OC CUR WITH IN THE NEXT (30) D AYS IF YOU DO NOT APPLY FOR EMER GENC Y MORTGAGE ASSISTAN CE YOU MUST BRING YOUR MORTGAGE UP TO DATE T PA T OF THIS NOTICE CALLED" HOW TO CU RE YOUR MO RTGA GE DEFAULT". EXPLAINS HOW TO BRING YOU R MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - 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. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set 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). DACT91 A 6 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 Ocwen Loan Servicing, LLC P.O. Box 24737 ?o " O C W E - E .. N West Palm Beach, Florida 33416-4737 (Do not send correspondence orpayments to the above address.) WWW OC'WLN.COM HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to datel. NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 607 5th Street, New Cumberland, PA 17070-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 5 payments in the amount of $ 787.03 from September 01. 2009 through January 16, 2010 DETAIL SUMMARY : Principal and Interest ................................. $ 2,956.20 Interest Arrearage ..................................... $ 0.00 Escrow .................................................. $ 978.95 Late Charges ........................................... $ 0.00 Insufficient Funds Charges ........................... $ 0.00 Fees / Expenses ........................................ $ 10.50 Suspense Balance (CREDIT) ......................... $ 0.00 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 3,945.65 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 $3,945.65, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Money Gram Cashier's Check_ Certified Check or Money Order made payable and sent to OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers 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 the THIRTY (30) DAY period you will not be required to nay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by p&,dng the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's ale as specified in writing by the lender and by performing any. other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. DACT91.16 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 F Ocwen Loan Servicing, LLC P.O. Box 24737 0 C W E N West Palm Beach, Florida 33416-4737 (Do not send correspondence or payments to the above address) ihOCU'LN.C0M EARLIEST POSSIBLE SHERIFF'S SALE DATE -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. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 334164737 Phone Number: 800-310-9229 Fax Number: 407-737-6300 Contact: Early Intervention Dept EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO 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, YOUDO 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY DACT91.16 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 E' 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 make 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 LAW 9FFXOES, P.C. B / Att ey f Plaintiff MAR J. REN, ESQUIRE aM. W NNEG, ESQUIRE N DOYLE, ESQUIRE MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE 1 UDREN 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 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 €Cumberland County v. Timothy M. Sweeney Defendant(s) ''-NO. 10-2366 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: C'~ c ~ ~ s c _ n '~+t::; ~-- ~- m ~ ;'; .-: ~ n r~-a ~. __ t -7 ~ r_ . ~,.. ~~, ~l ~',~ ! : Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: May 28, 2010 UDREN LAW OFFICES, P.C. Attorneys 'for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE .. V E R I F I C A T I O N The undersigned, an officer of the Corporation which i:s the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. APR i ~ 2010 Date: Name: Johnna Miller Title: Authorized Signer Company: Ocwen Loan Servicing, LLC Timothy M. Sweeney Loan #557248253344 MJU #10030938-1 (Cumberland County, Pennsylvania) UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 ATTORNEY FOR PLAINTIFF STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 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 :Cumberland County Plaintiff v. .MORTGAGE FORECLOSURE Timothy M. Sweeney €NO. 10-2366 607 5TH Street New Cumberland, PA 17070 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: N 6 ~~ -~ ~, , v ``~ ~.. ~... 4:: ~ " . i _.. .~._ ?~ fZ7~~ -. { ~. ~ -r; ; ,, .. ' 1 . r'~' ~ A .i ti,~ 'c~ - ~~ r ~-: _~, ~ :: ` ~ I ~ ` , t '. .c c9 ~ Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Timothy M. Sweeney for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $96,888.95 Interest Per Complaint 955.26 From 04/01/2010 to 05/28/2010 Late charges per Complaint 59.12 From 04/01/2010 to 05/28/2010 Escrow payment per Complaint 273.66 From 04/01/2010 to 05/28/2010 TOTAL $98,176.99 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. ,4'~~1. C~v ~ L t~ J ~FC-~ ~ 5a`f?'S ~~- a~ 3 Y~ ll.~~i ~. rnz ~ ~. UDREN LAW OFFICES, P.C. Attorneys f~ Plaintiff-"" MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS DATE : ~ ~ l (~ IND TED PRO PROTHY ODREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - TD #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE -. ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHA.ITDRA M• ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, BSQUIRE - ID #200869 ADAM L• KAYES, ESQETIRE - ID #8640$ MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 0$003-3620 856-669-5400 pleadinga@udrea.com Ocwen Loan Servicing, LLC =COURT OF COMMON 12650 Ingenuity Drive CIVIL DIVISION Orlando, FL 32826 pl - PLEAS aint~.ff ;Cumberland County v. Timothy M. Sweeney P.O. Box 132 New Cumberland, PA 17070 Defendants} COMPLAINT IN MORTGAGE FORECLOSURE :.'~ r.s "?'? t`om' .:~. ?s„ ~~ -_" nt-r~ '. T f fi~ { 1 S ' - ~:~ } ~; - _ '_ `~ ;,fir.. ~y.l 'K, ~~ YOU ?iAVE BEEN SUED IN COURT. If you wish to defend agair_st the claims set forth in the following pages, you rust take action within. twenty (20} days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, you are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Camplaint ar for any other claim or relief requested by the Plaintiff . You may lose money ar property or other rights important to you. YOU S$OULD TARE ISIS PAPER TO YQUR LAWYER AT ONCE. IF YOU DO NOT SAVE A LAWYER GO TO OR TELEPSONE THE OFFICE SET FORTH .BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO SIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES. TO ELIGI8L8 PERSONS Afi A REDUCED FEE OR NO FEE. LLAY~1'ERS REFERRAL SERVICE C'mberland County Bar Association 2 Libe?~ty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ~ ~/_, ~. /I f~I f; ~~ ~~~'"-~J SHERIFF'S OFFICE 4F CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Depufy Edward L Schorpp Solicitor w~, ~uttae~b,~rf~~~d ,: L ~, ~ ~', '. .:.k~':v ~.~ . _. i Ocwen Loan Servicing, LLC Case Number vs. Timothy M. Sweeney 2010-236fi SHERIFF'S RETURN OF SERVECE 04/24/2010 08:33 AM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states tha# on April 24, 2010 at 0833 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Timothy M. Sweeney, by making known unto Allison Lininger, Sister of defendant at 607 Fifth Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. j!..A A ANDA COBAUGH, DE • JTY SHERIFF COST: $43.30 April 26, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF c~ Cotes-*.;•Suita Sne~tlf, ieleos7t, Inc, IIDREN LAW OFFICES, P.C. MARK J. UDREN, ESQIIIRE - ID #04302 STIIART WTNNEG, ESQIIIRE - ID #45362 LORRAINE DOYLE, ESQIIIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CFiANDRA M. ARKEMA, ESQIIIRE - ID #203437 LOIIIS A. SIMONY, ESQIIIRE - ID #200869 ADAM L. KAYES, ESQIIIRE - ID #86408 MARGUERITE L. THOMAS, ESQIIIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-569-5400 #1~03D938-7 Ocwen Loan Servicing, LLC Plaintiff v. Timothy M. Sweene De~endant{s) TO: TimotY~ M. Sweeney 607 St Street New Cumberland, PA 17070 Date of Notice: May 17, 2010 IMPORTANT NOTICE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County N0. 10-2366 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEX AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE XOUR PROPERTY OR OTHER IMPORTANT RIGHTS.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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBTDA DENTRO DE UN TERMING DE DIEZ {10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA STN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, D~CTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUXA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL . SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PIIRSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE 4SE~fiA,T PURPOSE. ALAN M. MINATO ESQUIRE CHANDRA M. ARKENfA, ESQUIRE --LOUIS A. STMONI, E6QQUIRE ADAM L. KAYES, ESQL72RE MARGUERITE L. THOMAS, ESQUIRE woodcrest Co orate Center 111 woodcrest road, Suite 20fl Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINB DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #20Q869 ADAM L. KAYES, ESQUIRE - ID #85408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 #10d3[1938-1 Ocwen Loan Servicing, LLC Plaintiff v. Timothy M. Sweene De~endant { s } TO: Timothy M. Sweeney P.O. Box 132 New Cumberland, PA 17070 Date of Notice: May 17, 2010 IMPORTANT NOTICB ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-2366 YOU ARE TN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WTTHOUT A HEARING AND YOU MAY LOSE YO{JR PROPERTY OR OTHER IMPORTANT RIGHTS.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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9106 NOTIFICRCION IMPORTANTE LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMING DE DIEZ (10) DIAS DE ESTA NOTIFICACION EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPP.RARECER USTED EN CORTE O ESCUCH~R PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, LISTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PfTEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PLTR.SUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE UySB'•S-~„~HAT PURPOSE. STUART WINNEG~ E LORRAINE DOYLEY, ALAN M. MINATO CHANDRA M. ARKENfA, ~,OUIS A. SIMONI, ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Center 111 Woodcrest EFoad, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK ~7'. UDREN, ESQUIRE - STUART WINNEG, ESQUIRE - LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUI; LOUIS A. SIMONI, ESQUIRE WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 Ocwen Loan Servicing, LLC 12650 Ingenuity Dr~.ve Orlando, FL 32826 Plaintiff v. Timothy M. Sweeney P.o. box 132 New Cumberland, PA 17070 Defendant (s) AFFIDAVIT OF NON-MILITARY SERVICE STATE OF Florida COUNTY OF Palm Beach ID #04302 ID #45362 - ID #3457b - ID #75860 ELE - ID #203437 - ID #200869 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based .upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Timothy M. Sweeney Age: Over 18 Residence: As captioned above Employment: Unknown Name: Johnna Miller Ti e: Authorized Signer Sworn to and su sc .bed Co an Ocwen Loan Servicing, LLC befo e e this day o f ~~~ 2 0 ~ . ary ~ ~ rf~`~ ! ~' ;tRY PL ki, it i ~.,~ ,; BONDFi~ "''', ~~ ~ , ~ UDREN 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 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 Timothy M. Sweeney NO. 10-2366 Defendant(s) TO: Timothy M. Sweeney P.O. Box 132 New Cumberland, PA 17070 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary X Judgment by Default ~~ Money Judgment ~/~) Jud ment in Re levin ~` ¢` !D g P Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-669-5400 UDREN 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 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 :Cumberland County Plaintiff v. :MORTGAGE FORECLOSURE Timothy M. Sweeney ?NO. 10-2366 607 5TH Street New Cumberland, PA 17070 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO .ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Timothy M. Sweeney for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $96,888.95 Interest Per Complaint 955.26 .From 04/01/2010 to 05/28/2010 Late charges per Complaint 59.12 From 04/01/2010 to 05/28/2010 Escrow payment per Complaint 273.66 From 04/01/2010 to 05/28/2010 TOTAL $98,176.99 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDREN LAW OFFICES, P.C. `"`~ ~-"I Attorneys dr Plaintiff - MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: PRO PROTHY UDREN 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 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsC~udren.com Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION v. =Cumberland County :MORTGAGE FORECLOSURE Timothy M. Sweeney - Defendant(s) NO. 10-2366 TO: Timothy M. Sweeney 607 5th Street New Cumberland, PA 17070 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prot ono nary X Judgment by Default ~ ~ Money Judgment Judgment in Replevin G, `q/l ~ Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J Udren Esquire At this telephone number: 856-669-5400 UDREN 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 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsCudren.com Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS 12650 Ingenuity Drive :CIVIL DIVISION Orlando, FL 32826 :Cumberland County Plaintiff v• :MORTGAGE FORECLOSURE Timothy M. Sweeney €NO. 10-2366 607 5TH Street New Cumberland, PA 17070 Defendant (s ) PRAECIPE FOR Jt7DGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Timothy M. Sweeney for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $96,888.95 Interest Per Complaint 955.26 From 04/01/2010 to 05/28/2010 Late charges per Complaint 59.12 From 04/01/2010 to 05/28/2010 Escrow payment per Complaint 273.66 From 04/01/2010 to 05/28/2010 TOTAL $98,176.99 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDREN LAW OFFICES, P.C. Attorneys f6r Plaintiff-" MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS DATE: IND ED PR RO HY UDREN 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 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 Timothy M. Sweeney €NO. 10-2366 Defendant (s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due $98,176.99 Interest From 05/29/2010 1,696.41 to Date of Sale September 8, 2010 Ongoing Per Diem of 16.47 to actual date of sale including if sale is held at a later date (Costs to be added) oZ. Ll . OD 'Y3.30- Q.? . 00 - 1 ~l.vv ~ e~.S'U ~ ~?s.e~ - _~~ n Cjas~f !3~ J ~i ~ r tr ~ ~~ c ~ ~/ if s0 !~ j~ C7 C c '(3 ~. ~ . ~ i i ~ y __ .~t= ' ~ ~ v' ~ ~ i ~VA.~ ~~ ~ ; ;~ C ;•; f"r: c_ --- .- ~~ -c UDREN LAW OFFICES, P.C. Attorneys f'6fplaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQU - ID #04302 - ID #45362 - ID #34576 - ID #75860 IRE - ID #203437 N Q 0 f ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER C'1 111 WOODCREST ROAD, SUITE 200 ~1A' CHERRY HILL, NJ 08003-3620 n'r .~'__. 856-669-5400 .%~~r ~,o . pleadings@udren. com ,'`r Ocwen Loan Servicing, LLC Plaintiff v. Timothy M. Sweeney Defendant (s ) COURT OF COMMON PLEAS ~-'~_~-, = CIVIL DIVISION ~f- -- Cumberland County ~ ~- 0 MORTGAGE FORECLOSURE NO. 10-2366 C E R T I F I C A T E i..~ T ~-,-~ ~; m ra t.;_, -'; :_J~t4 ._.., I hereby state that as the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. ~._.~ BY : ____.~}~ Attorneys for" Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE - ~_ UDREN 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 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 Timothy M. Sweeney '_NO. 10-2366 Defendant (s) AFFIDAVIT PURSUANT TO RULE 3129.1 C'1 0 C ~ =n s.. ^~ a, , ~-- rn~:~ 4~SZ :~~~ r ~, m c~, :- t -~ ~ ~ .; w ; :. ~ ~' ; ~ -~ , ~'~ ..~l. ~• y r a 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: 607 5th Street, New Cumberland, PA 17070 1. Name and address of Owner(s) or reputed Owner(s): Name Address Timothy M. Sweeney P.O. Box 132 New Cumberland, and 607 5th Street New Cumberland, PA 17070 PA 17070 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 Bank of America, NA, 100 North Tyron Street A National Banking Charlotte, NC 28225 Association w fJ 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 607 5th Street New Cumberland, PA 17070 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: May 28, 2010 UDREN LAW OFFICES, P.C. BY: Attorneys ~~r`LTlaintiff `~---~. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN 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 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 20 0 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsC~udren.com Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS Plaintiff =CIVIL DIVISION :Cumberland County V. ~ o _ ' ~ Timothy M. Sweeney ~ o t Defendant (s) _` NO. 10-2366 v~T~ r-ra~- ~ .t_'._' '~ t ^p^y TO: ALL PARTIES IN INTEREST AND CLAIMANTS ~.;- ~ ~~`} NOTICE OF SHERIFF' S SALE ~'-? ~ }''' OF REAL PROPERTY r ~ ':: '` OWNER(S): Timothy M. Sweeney t~ •-< PROPERTY: 607 5th Street New Cumberland, PA 17070 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on September 8, 2010, at 10:00am, at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. UDREN LAW OFFICES, P.C. ATTORNEY 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 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FOR PLAINTIFF Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION v. :Cumberland County :MORTGAGE FORECLOSURE Timothy M. Sweeney 'NO. 10-2366 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Timothy M. Sweeney P.O. Box 132 New Cumberland, PA 17070 n ~ ~ ~, =r! ~ ,-~ - n, ~- c_.._ c ~ -~ ~- -~^ .. .~ r-~ ~ c. 3 ro _-_ - r ~ _~. -. ~' c~ _ _ ~' ~ • • r-- ' ~ ~ -~ Your house (real estate) at 607 5th Street, New Cumberland, PA 17070 is scheduled to be sold at the Sheriff's Sale on September 8, 2010, at 10:00am in the Commissioners Hearing Room, 2nd Floor,Courthouse, Carisle, PA, to enforce the court judgment of $98,176.99, 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 TAKE PLACE. 1. If the Sheriffs 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 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249 -3166 800-990 -9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2366 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 TIMOTHY M. SWEENEY (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 $98,176.99 L.L. $.50 Interest FROM 5/29/2010 TO DATE OF SALE 9/8/2010 -ONGOING PER DIEM OF $16.47 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $1,696.41 Atty's Comm Atty Paid $175.80 Plaintiff Paid Due Prothy $2.00 Other Costs Date: JUNE 9, 2010 -(Se~~i) RE:~T.TE;S~i cNCi PAIt'I'Y: Nami, T.ORRAINT~ IDOYLE, ESQ. Address: UDREI<l LAW OFFICES, P.C. WOODCREST CORPORATE CENTER l 11 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Davi .Buell, Protho tary By: Deputy Telephone: 856-669-5400 Supreme Court ID No. 34576 UDREN 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 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 G ff 856-669-5400 ' " ? "U 1 Ocwen Loan Servicing, LLC rW, 7 ? :COURT OF COMMON PLEA - 12650 Ingenuity Drive :CIVIL DIVISION v '' r Orlando, FL 32826 :Cumberland County Plaintiff V _ N Z ? -C Timothy M. Sweeney P.O. Box 132 'NO. 10-2366 New Cumberland, PA 17070 Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execut=ion, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on. the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B" 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by order of Court, then proof of compliance with said order is attached hereto as Exhibit 11211. All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to un.sworn falsification to authorities. Dated: August 18, 2010 UDR AI LAW OFFICES, P.C. BY: ?4`h Attorney for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE UDREN 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 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Ocwen (Loan Servicing, LLC Plaintiff V. Timothy M. Sweeney Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-2366 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Timothy M. Sweeney PROPERTY: 607 5th Street New Cumberland, PA 17070 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on September 8, 2010, at 10:00am, at the Commissioners Hearing Room, 2nd Fl., Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 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'0 C . o v p 3 E oomm . .. N O_ x 0 m3`°o y m?'o oim = 111 C? ? C o v 0 ' - d A ^ i a oo: 5 O N N N 5- _ 0 - y N ; c mmo6 am 00 _ 7 C o- {u O 0 -^O? O O C C m0,.m J C1 x ??, Lm <CL d o m O O - . No. o ?'.m3 y C CD N (D mo?ma^ m0 ??a a x mw 3 01?c a yn p CDD i 'o aN3 C)C C7 (D a ?. X ?J Ja °'a.'m NOJi co F _ (D (] ? O y N 791 N .-. n , 3 _ 05 _. dOo-ooq CL v (D N 00'0 0 3 g.o - Q a1m 3 mom ? D In ( .t mom mm m ? o n N (D '?1 O:3 "'(D y. N o 0 Sry _ K ^d aJ woo- v y m I( n co a-o a- _ l J O p3 O J m (D O N - y ?. o O - N J m (n x . m 0=m3m3 mm Jc -7 (n CD. N2 vd0' 3 c om 3 a vi m w oa A mHo3 ' ,T7 CD .Z7 y 6T- 3 N maa oo ov°?d N p m w J T p°'"mo VN?C21 m UDREN 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 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 Ocwen Loan Servicing, LLC :COURT OF COMMON PLEAS 12650 Ingenuity Drive :CIVIL DIVISION Orlando, FL 32826 :Cumberland County Plaintiff V. :NO. 10-2366 Timothy M. Sweeney P.O. Box 132 New Cumberland, PA 17070 Defendant(s) PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. Date: August: 18, 2010 UDREN LAW OFFICES, P.C. BY: A61 Attorney for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE ?__... " C}- ; :nf6 s'; ,te r,?''4F?'E s :'i` CV 01 sow: Tmew Ow prmy " Sat _ < < nnvbnm, Ltd. Ow_ _ ? f05366 ?,: ._. _ E,,•??>? ??,:. . _ ._?_ .;??? U?;I??.w" wj's? 7...;., a ???.4,aa .. ?} Is?<,r?gs? ? . as ..?,I, a? ?r:: Yg`4ITSCt??I? .hl. it?tllt",' A sw'i:l i., r[?1T3E51; -, t?'ilC a "s'It £;ii_ _ r'-Y? fitlc3tl 3T1iTT£ "L3t_iv_ Ltl..t ?_.`5.. ?lip? a lie place of ww; A"d 11"'- kit'• iE+, €1 f of Pere 1 lml T` rson.;'t'6;p.,Ltlis? 1 r :t ; :: K Hig ?'A(wdl4ltd no: ? Skin ( O7 - SFtt:;I'.53p t ndz r ptmt3!<: that tt:_ i ?wi _ i m! a.: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FI -D-i: -i ; r, Sheriff Jody S Smith rt l f Rt , t Chief Deputy F Richard W Stewart a .. Solicitor Ocwen Loan Servicing, LLC vs. Timothy M. Sweeney SHERIFF'S RETURN OF SERVICE Case Number 2010-2366 06/24/2010 10:31 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 06-24-2010 at 1029 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Timothy M. Sweeney, located at, 607 5th Street, New Cumberland, Cumberland County, Pennsylvania according to law. 09/08/2010 As directed by Mark J Udren, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/3/2010 11/03/2010 As directed by Mark J Udren, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/5/2011 01/05/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, PA on January 5, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Attorney Mark Udren, on behalf of Federal Home Loan Mortgage Corporatoin, 8000 Jones Branch Drive, McLean, VA 22102, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $935.07 SO ANSWERS, March 14, 2011 RON R ANDERSON, SHERIFF Ufa l CounfySuit Sne"Ji is UDREN 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 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsCudren.com Ocwen Loan Servicing, LLC `COURT OF COMMON PLEAS Plaintiff =CIVIL DIVISION V. 'Cumberland County :MORTGAGE FORECLOSURE Timothy M. Sweeney :NO. 10-2366 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: 607 5th Street, New Cumberland, PA 17070 1. Name and address of Owner(s) or reputed Owner(s): Name Address Timothy M. Sweeney P.O. Box 132 New Cumberland, and 607 5th Street New Cumberland, PA 17070 PA 17070 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 Bank of America, NA, 100 North tyron Street A National Banking Charlotte, NC 28225 Association 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Commonwealth of PA, Bureau of Compliance, PO Box 281230 Department of Revenue Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 607 5th Street New Cumberland, PA 17070 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: May 28, 2010 UDREN LAW OFFICES, P.C. BY: Attorneys ft5r`naintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNHG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsCudren.com Ocwen Loan Servicing, LLC €COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION V. :Cumberland County :MORTGAGE FORECLOSURE Timothy M. Sweeney NO. 10-2366 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Timothy M. Sweeney 607 5th Street New Cumberland, PA 17070 Your house (real estate) at 607 5th Street, New Cumberland, PA 17070 is scheduled to be sold at the Sheriff's Sale on September 8, 2010, at 10:00am in the Commissioners Hearing Room, 2nd Floor,Courthouse, Carisle, PA, to enforce the court judgment of $98,176.99, 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 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN TRACT OR PIECE OF LAND, SITUATE IN THE BOROUGH OF NEW CUMBERLAND, COUNTY OF CUMBERLAND, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE NORTHERN LINE OF FIFTH STREET ONE HUNDRED (100) FEET EAST FROM THE NORTHEAST CORNER OF ROSEMONT AVENUE AND FIFTH STREET; THENCE NORTHWARDLY ALONG THE EASTERN LINE OF LOT NO. 9, BLOCK "R", ON THE HEREINAFTER MENTIONED PLAN OF LOTS, ONE HUNDRED FORTY (140) FEET TO A POINT IN THE SOUTHERN LINE OF SMITH AVENUE; THENCE EASTWARDLY ALONG THE SOUTHERN LINE OF SMITH AVENUE FIFTY (50) FEET TO A POINT IN THE WESTERN LINE OF LOT NO. 6, BLOCK "R"; THENCE SOUTHWARDLY ALONG THE WESTERN LINE OF LOT NO. 6, BLOCK "R", ONE HUNDRED FORTY (140) FEET TO A POINT IN THE NORTHERN LINE OF FIFTH STREET; THENCE WESTWARDLY ALONG THE NORTHERN LINE OF FIFTH STREET, FIFTY (50) FEET TO A POINT, THE PLACE OF BEGINNING. BEING LOTS NO 7 AND NO 8, BLOCK "R", ON THE PLAN OF GEORGE W. BUTTORFF'S ADDITION OF NEW CUMBERLAND AS RECORDED IN THE OFFICE FOR THE RECORDER OF DEEDS IN AND FOR THE COUNTY OF CUMBERLAND IN DEED BOOK "N", VOLUME 5, PAGE 498. BEING KNOWN AS: 607 5th Street New Cumberland, PA 17070 PROPERTY ID NO.: 25-24-0811-178 TITLE TO SAID PREMISES IS VESTED IN TIMOTHY M. SWEENEY BY DEED FROM TIMOTHY M. SWEENEY AND DONNA W. SWEENEY, HUSBAND AND WIFE DATED 07/03/2007 RECORDED 08/07/2007 INSTRUMENT NUMBER 200730812. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-2366 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due OCWEN LOAN SERVICING, LLC., Plaintiff (s) From TIMOTHY M. SWEENEY (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 $98,176.99 L.L. $.50 Interest FROM 5/29/2010 TO DATE OF SALE 9/8/2010 - ONGOING PER DIEM OF $16.47 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $1,696.41 Atty's Comm % Due Prothy $2.00 Atty Paid $175.80 Other Costs Plaintiff Paid Date: JUNE 9, 2010 I qProt David D.tary (Seal) By: Deputy REQUESTING PARTY: Name LORRAINE DOYLE, ESQ. Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER I11 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 34576 On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA, Known and numbered as, 607 5`h Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: ez? ?l Real Estate Coordinator 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: July 16, July 23, and July 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 to time, place and character of publication are true. ?V- ?- /'?M sa arie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 30 day of Julv 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 U0 WJft 1ts, SOS04MM chi Ocwen Loan Servicing, LLC vs. Timothy M. Sweeney Atty.: Mark J. Udren ALL THAT CERTAIN tract or piece of land, situate in the Borough of New Cumberland, County of Cumberland, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the northern line of Fifth Street one hun- dred (100) feet east from the northeast corner of Rosemont Avenue and Fifth Street; thence northwardly along the eaten line of Lot No. 9, Block 'R' on the herein mentioned Plft of lots, one hundred forty (140) feet to a point in the southern tine of sm" Ave; thence the southern line of Smith Avenue (50) feet to a point in the western line of Lot No. 6, Block "R"; thence south- wardly along the western line of Lot No. 6, Block "R", one hundred forty (140) feet to a point in the northern line of Fifth Street; thence westwardly along the northern line of Fifth Street, fifty (50) feet to a point, the place of beginning. BEING Lots No 7 and No 8, Block "R", on the plan of George W. But- torfrs Addition of New Cumberland as recorded in the Office for the Re- corder of Deeds in and for the County of Cumberland in Deed Book "N", Volume 5, Page 498. BEING KNOWN AS: 607 5th Street, New Cumberland, PA 17070. PROPERTY ID NO.: 25-24-0811- 178. TITLE TO SAID PREMISES IS VESTED IN Timothy M. Sweeney by deed from Timothy M. Sweeney and Donna W. Sweeney, husband and wife dated 07/03/2007 recorded 08/07/2007 Instrument Number 200730812. The Patriot-News Co. 2(120 Technology Pkwy Suite 300 Mechanicsburg, PA 17650 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE j4fPatriot News Now you know CARLISLE PA 17013 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 Holly Blain, 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: 07/09/10 11? .. ....... Sworn to afi "subscribed before me thi 05 daXof August, 2010 A.D. r , Notary Public COMMONWEAL, el ()fLpt_L4?5yLVANIA Notarae Se,{ -___-- Sherrie L. Kisner, Notary public Lower Paxton °Nvp,, Dauphin County My commission FXPlres Nov- 26, 201, Member, Senn, iva;71 ?« r;=;at,7 ?,P C?r'.,ries 07/16/10 07/23/10 Writ No. 21110 2306 Civil 'Term 0owen Loan Sung, LLC Vs Timothy M. Sweeney Attyp Moo J Udren ALL THAT CERTAIN TRACT OR PIECE OF LAND, SITUATE IN THE BOROUGH OF NEW CUMBERLAND, COUNTY OF CUMBERLAND, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE NORTHERN LINE OF FIFTH STREET ONE HUNDRED (100) FEET EAST FROM THE NORTHEAST CORNER OF ROSEMONT AVENUE AND FIFTH STREET; THENCE NORTHWARDLY ALONG THE EASTERN LINE OF LOT NO. 9, BLOCK "R", ON THE HEREINAFTER MENTIONED PLAN OF LOTS, ONE HUNDRED FORTY (140) FEET TO A POINT IN THE SOUTHERN LINE OF SMITH AVENUE; THENCE EASTWARDLY ALONG THE SOUTHERN LINE OF SMITH AVENUE FIFTY (50) FEET TO A POINT IN THE WESTERN LINE OF LOT NO. 6, BLOCK "R"; THENCE SOUTHWARDLY ALONG THE WESTERN LINE OF LOT NO. 6, BLOCK "R" ONE HUNDRED FORTY (140), FEET TO A POINT IN THE NORTHERN LINE OF FIFTH STREET, THENCE WESTWARDLY ALONG THE NORTHERN LINE OF FIFTH STREET, FIFTY (50) FEET TO A POINT, THE PLACE OF BEGINNING. BEING LOTS NO 7 AND NO 8, BLOCK "R", ON THE PLAN OF GEORGE W. BUTTORFF'S ADDITION OF NEW CUMBERLAND AS'RECORDED IN THE OFFICE FOR THE RECORDER OF DEEDS IN AND FOR THE COUNTY OF CUMBERLAND IN DEED BOOK "N", VOLUME 5, PAGE 498. BEING KNOWN AS: 607 5th Street New Cumliaiand, PA 17070 PROPERTY ID NO.: 25-24-0811-178 TITLE TO SAID PREMISES IS VESTED IN TIMOTHY M. SWEENEY BY'DEED FROM TIMOTHY M.SWEENEY AND DONNA W. SWEENEY, HUSBAND AND WIFE DATED 07/03/2007 RECORDED 08/07/2007 INSTRUMENT NUMBER 200730812. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Ln Mtj Corp is the grantee the same having been sold to said grantee on the 5th day of Janu A.D., 2011, under and by virtue of a writ Execution issued on the 9th day of June, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 2366, at the suit of cwen Loan Servicing LLC against Timothy M Sweeney is duly recorded as Instrument Number 201108158. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. ©?1 of Deeds L00kPR kt,cwmdm