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Home My WebLink About11-3701UDREN LAW OFFICES, P.C. BY: 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 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 DANIEL S. SIEDMAN, ESQUIRE - ID #306534 HEATHER RILOFF, ESQUIRE - ID #309906 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadinas(iDudren.com Ocwen Loan Servicing, LLC C/O Ocwen Loan Servicing, LLC 1661 Worthington Road #100 West Palm Beach, FL 33409 Plaintiff V. BARBARA ERICKSON 404 CASCADE RD MECHANICSBURG, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF r C COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. `l eg70 ( Cl)? ? 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. %9a-do d4 Qw? V4" sS?0 LAWYERS REFERRAL SERVICE 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 provisioner 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 O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the entity designated in the caption on a preceding page. Plaintiff is the legal holder of the Mortgage that is the subject of this Action. Plaintiff is either the current mortgagee of record, is the legal holder of the Mortgage by virtue of being successor in interest to the current mortgagee of record, or is the legal holder of the Mortgage by virtue of Assignment of Mortgage. If Plaintiff is the legal holder of the Mortgage by virtue of Assignment of Mortgage, it is by the following Assignments of Mortgage, all of which have either been recorded or Plaintiff is in the process of formalizing the actual Assignment of Mortgage in Plaintiff s favor: Assignor: Mortgage Electronic Registration Systems, Inc. Assignee: Ocwen Loan Servicing, LLC Date of Assignment: 05/12/2010 Recorded Date: 05/28/2010 Book/Instrument #: Instrument No. 201013924 Page: n/a 2. Upon information and belief Defendant(s): Barbara Erikson (hereinafter "Defendants"), are the owners of property located at 404 Cascade Road, (Township of Upper Allen), Mechanicsburg, PA 17055, by virtue of Deed dated 08/15/2007 and recorded 08/16/2007 in Official Records Book Instrument No. 200732238 at Page n/a of the Public Records of Cumberland County, Pennsylvania (hereinafter the "Property"). 3. On 08/15/2007, Defendant(s): BARBARA ERIKSON promised to pay to the order of Taylor, Bean & Whitaker Mortgage Corp. , the principal sum of $ 189,900.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 08/15/2007, Defendant(s): BARBARA ERIKSON to secure the Note, mortgaged to Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean & Whitaker Mortgage Corp., the Property which is the subject of this action. The Mortgage was recorded on 08/16/2007 in Official Records Book Instrument No. 200732239 at Page n/a . Said Mortgage is incorporated herein by referenced in accordance with Pa.R.C.P 1019(g). A legal description of the mortgage premises is attached hereto and made a part hereof. 5. 6 Said mortgage is in default in that the payment due 01/01/2011, and all subsequent payments have not been made, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with the other charges authorized by said Mortgage and itemized below, shall be immediately due. After demand, the Defendant(s) continues to fail or refused to comply with the terms of the Mortgage as follows: (a) By failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) By failing or refusing to pay other charges, if any, indicated below. The following amounts are due on the said Mortgage or modification agreement as of the date stated below Unpaid Principal Balance $183,407.23 Accumulated Interest $4,933.44 Accumulated Late Charges $842.01 Escrow Deficit/(Reserve) $-41.81 Title Report $300.00 Attorney Fees - Estimated $1,300.00 Property Inspection Fee $84.00 Suspense Balance $-137,88 Grand Total $190,686.99 The interest rate is subject to adjustment if more fully described as such in the note and mortgage. The interest rate on the subject note is at 7.25000 %. The per diem interest accruing on this debt is $36.28 and that sum should be added each day after the above date. The late charge is subject to adjustment if more fully described as such in the note and mortgage. The late charge rate on the subject note should be added in accordance to the terms of the note and mortgage charged monthly at $64.77. 7. Breach letters have been sent to Defendant(s) in accordance with the requirements of the subject mortgage, The Pennsylvania Act 6 of 1974 of the Commonwealth of Pennsylvania and the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983. Copies of the breach letters are attached hereto as Exhibit "A". WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $190,824.87 plus ongoing interest, costs and attorneys fees and for sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. BY: Daniel S. '--;---!man, Esquire P,, ?u j66534 Q* Ocwen Loan Servicing, LLC P.O. Box 24737 - - West Palm Beach, Florida 33416-4737 CCWEN (Do not send correspondence orpayments to the above address.) WWW.OCWEN.COM March 02, 2011 VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515140054714 Reference Code: 1102 Barbara Erickson 404 Cascade Road Mechanicsburg, PA 17055-0000 Loan Number: 71482897 Property Address: 404 Cascade Road, Mechanicsburg, PA 17055-0000 PLEASE SEE THE ENCLOSED DOCUMENT EXHIBIT A DACT91.20 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 West Palm Beach, Florida 33416-4737 0 C W E N (Do not send correspondence or payments to the above address) yV W W .OC W EN.COM March 02, 2011 APPENDIX A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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: Barbara Erickson 404 Cascade Road Mechanicsburg, PA 17055-0000 71482897 OCWEN DACT91.20 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 ? w - e N West Palm Beach Florida 33416-4737 c (Do not send correspondence or payments to the above address) WW W.OCWEN.COM HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH AN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENT 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. TEMPO RARY STAY OF FORECL OSURE -Under the AcL you are entitled to a tem porary stay of foreclosure on your mo rtgage for thirty (30) days fr om the date of this Notice During that time you mu . st arrange and attend a "face- to-face" meetin$ with one of the con sumer credit counseling agencies listed at the en ?ge_._- ??...? at the ,.d ? of of ToL •c--c: THIS MEETING this N MUST O CCUR WITHIN THE XT (30) DAYS IF YOU DO NOT APPLY FOR E EMERGENCY MORT ASSISTA NCE, YOU MUST BRIN . G YOUR MORTGAGE P TO DAT . THE GAG PART OF THIS NOTI " _ CALLED HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO D ATE, CONSUMER CREDIT COUNSELING A NC 4 - 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 eonnselina aoaneias fur the county In wnicn the proper 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 AS I T N - 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). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it p to dated DACT91.20 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 io West Palm Beach, Florida 33416-4737 C C W E N (Do not send correspondence or payments to the above address) WWW.OCWEN.COM NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 404 Cascade Road, Mechanicsburg, PA 17055-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 payments in the amount of $ 1,980.86 from January 01. 2011 through March 02, 2011 Principal and Interest ................................. Interest Arrearage ..................................... Escrow .................................................. Late Charges ........................................... Insufficient Funds Charges ........................... Fees / Expenses ........................................ Suspense Balance (CREDIT) ........................ Interest Reserve Balance (CREDIT) ................ TOTAL DUE .......................................... $ 3,886.35 $ 0.00 $ 2,051.23 $ 777.24 $ 0.00 $ 1,713.00 $ 137.88 $ 0.00 $ 8,294.94 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 $8,294.94, 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 mortgagee 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 mortgaggdproperrU IF THE MORTGAGE I4 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 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. RIGHT 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 he default and natr flue- nme any iota nr nti- Oft.- thaw .l..n ......-..l.l.. ..1a..?..../., a __ .._.l --- - ______ - -s..._ .._ -. 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. EARLIEST POSSIBLE SHERIFF'S i 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 DACT91.20 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 ...... -...... West Palm Beach, Florida 33416-4737 O C W E N (Do not send correspondence orpayments to the above address) w'WVV.OCWEN.COM 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. 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 DACIVI.20 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 VERIFICATION The undersigned, hereby states that he/she is the attorney for the Plaintiff; 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. The statements made in the foregoing pleading are true and correct to the best of his/her information and belief and the source of his information is public records and reports of Plaintiffs 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 OFFICES, P.C. BY: Daniel S. Sir-l-, ..?yuire PFD lb Juo?-34 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: 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 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 DANIEL S. SIEDMAN, ESQUIRE - ID #306534 HEATHER RILOFF, ESQUIRE - ID #309906 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(a,udren.com 00 320 o C) Ocwen Loan Servicing, LLC COURT OF COMMON PLEAS 1661 Worthington Road #100, West Palm CIVIL DIVISION Beach, FL 33409 CUMBERLAND County Plaintiff V. BARBARA ERICKSON 404 CASCADE RD MECHANICSBURG, PA 17055 Defendant(s) TO THE PROTHONOTARY: NO. I I -3-701 6 wt ENTRY OF APPEARANCE Kindly enter the appearance of the following counsel: Mark J. Udren, Esquire; Stuart Winneg, Esquire; Lorraine Doyle, Esquire; Alan M. Minato, Esquire, Sherri J. Braunstein, Esquire; Chandra M. Arkema, Esquire; Marguerite L. Thomas, Esquire; Daniel S. Siedman, Esquire; Heather Riloff, Esquire on behalf of the Plaintiff, in the above-captioned matter. UDREN LAW OFFICES, P.C. BY: ---- _sl' Daniel S. . E"_s:Auire PA ID 306t)34 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 plea dingss@udren.com Ocwen Loan Servicing, LLC Plaintiff V. BARBARA ERICKSON 404 CASCADE RDMECHANICSBURG, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County C") MORTGAGE FORECLOSURE N : n NO. 11-3701 r aL. C) FV PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: m -. Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: February 24, 2012 UDREN LAW OFFICES, P.C. BY: .d2 - -- Attorney for Plaintiff KASSIA FIALKOFF, ESQUIRE PA ID 310530 MJU#: 10040219 CASE#: 10040219-2 UDREN LAW OFFICES, P.C. BY: 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 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 DANIEL S. SIEDMAN, ESQUIRE - ID #306534 HEATHER RILOFF, ESQUIRE - ID #309906 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(a-)udren.com Ocwen Loan. Servicing, LLC Plaintiff V. BARBARA ERICKSON 404 CASCADE RD MECHANICSBURG, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISNJN CUMBERLAND County NO. VERIFICATION The undersigned states that he/she is authorized to matte this verification on behalf of the Plaintiff, and that the facts set forth in the foregoing pleading are true and correct to the best of the 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 unworn falsification to Date: y Z?' ?1 Name: Chris Heinichen Title: Comp,qRntract Managmsnt Coordinator MJU #: 10040219 CASE #: 10040219-2 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings ngudren.co Ocwen Loan Servicing, LLC 1661 Worthington Road #100 West Palm Beach, FL 33409 Plaintiff V. BARBARA ERICKSON 404 CASCADE RD MECHANICSBURG, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 11-3701 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: m ? =;v m = Mr -um r- < ra ;u o° ?--<' --c < -? ...L t V Kindly enter judgment in favor of the Plaintiff and against the Defendant(s), BARBARA ERICKSON; for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: Unpaid Principal Balance Interest Per Complaint Additional Interest Late Charges Per Complaint Additional Late Charges Escrow Per Complaint Title Report Attorney Fees - Estimated Property Inspection Fee Suspense Balance Grand Total FROM 04/16/2011 04/16/2011 TO 02/24/2012 02/24/2012 $183,407.23 $4,933.44 $11,428.20 $842.01 $647.70 $-41.81 $300.00 $1,300.00 $84.00 $-137.88 $202,762.89 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. BYr Attorney for Plaintiff KAS FIAL , ESQUIRE ; DAMAGES ARE HEREBY ASSESSED AS INDICATED P 30 1g, DATE: a / 12 P HY MJU#: 10040219 CASE#: 10040219-2 '.T tb. saw a ?(,S .2 ,, x . , ,?? ? `, UDREN LAW OFFICES, P.C. BY: 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 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 DANIEL S. SIEDMAN, ESQUIRE - ID #306534 HEATHER RILOFF, ESQUIRE - ID #309906 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadina-sr udren.com Ocwen Loan Servicing, LLC C/O Ocwen Loan Servicing, LLC 1661 Worthington Road #100 West Palm Beach, FL 33409 Plaintiff V. BARBARA ERICKSON 404 CASCADE RD MECHANICSBURG, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF 2 7:7 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. ??-3??? CIVI COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED INT 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. C(OP ric ? 4 0 8-?4-0l mm SHERIFF'S OFFICE OF CUMBERLAND COUNT'Y' Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor rAFICE OF THE $ FR1rF Ocwen Loan Servicing, LLC Case Number vs. Barbara Erickson 2011-3701 SHERIFF'S RETURN OF SERVICE 04129/2011 08:03 PM - Ryan Burgett, Deputy Sheriff, who being duly swom according to law, states that on April 29, 2011 at 2003 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Barbara Erickson, by making known unto herself personally, at 404 Cascade Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGETT, {-? DEP SHERIFF COST: $38.00 May 02, 2011 SO ANSWERS, RONPTY R ANDERSON, SHERIFF ;ci CourttySvte:- to :;`f. Teiecso?t, Irv, UDREN LAW Ot FIC-7E;S, P.C. WOODC'REST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL. J 080011-3620 .8567.669.75400"'', Ocweu Loan SerO.cing, LL,C P ailatiff BARBARA ERICKSON, ET AL D; I`ennant(s) T O:BARBARA RFCKSON 404 CASCADE; RD .,,E-- I I IC :w '.u', AA 17055 Date o Notice: Mav 2C. 20I I ATTO IN,EY FOR PLAI-1,q TIFF COURT O COMMCiv PLEAS CIVIL DIVISION Cumberland Colun v NO. X77 P R 'i 1'3NrY NO-TICE YOU ARE IN DEFAULT BECAUSE. YOU HAVE FAILED TO ENTER IR A WRITTEN APPEARANCE PERSONA LL `z" OR BY ATTORNEY AND FILE IN WRITING WI?`- THF_ COURT `_'OUR DEFENSES OR OBJECTION?S TO THE CLADIVIS SET FORTH AGAINTST YOU. 'UN.-LESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT NmlAY BE ENTERED AGAP ST YOU WITI OUT A HEARING A21" D YO L: MAY LOSE YOUR. PROPERTY OR OTFIEP` IP?!Pt P. T ANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU ISO NOT HAVE A LfOVYER GO TO OR TELEPHONE THE: OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU. WITH I111N?FCRI,41AT ION ABOUT HIRING A LAWYER. IF YOU CANT%TOT AFFORD TO HIRE A I AWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION, ABOUT AGENCIES T HA i MAY OFFER LEGAL SERVICES TO E? . GIBLE PER SONS AT A REDUCED FEE OR NO FEE. At??'ER REFERRAL SERVICE NOTIFICACIOIN JMPO:RTA?-,Tv USTED SE ENCt ENTRA EN ESTADO DE REBs LDIA PORNO I? .-? DER TOMADO LA ACC ION REQUIR DA DE SU PART E Er ESTE CASO. AL N'0 TOMAR LA ACCION DEBIDA DENTRO DE UN TER"?IINO DE DIE.7 (IO) DI.AS DE TESTA NOTIFICACIO.N, EL TRIBUNAL PODR A, SIN NECESIDA.:D DBE COMPARA.RECER LISTED EN COR T E, O ESCtiCHAR PREUBA AT Gt N A -, <? ? ? ! R_<?. uSTED Pu F.D:? P?.:RDEI? BIrN?.S T ? 0 v c?O PICTR SIEN TE: CT r lA BIN S U COQ t -1- S DER E. C H C S. IM ? ? T?? R,i AN i E S. D ?I3E: r L I ETAR EST,-? r C 7 A T i.%? ABOGAS ? ? t NC) T IFI !? ,_Cv ? ITvL%IEDLATA1?IENT-. ST UST-ED NO TiE \E kBOGA DSO, O SI NO TIEI?TE DIN?ERO SUFICIENTE P A R_A TAI.. SERVICIO, VAYA F1N PERSONA C LLAME POR TET.EFONTO A. LA OI ICINA, CUYA DiR.ECCIO\ S LNCu?'?; 7 RA ESC kcI A AB?.JO 'ARIz A`v ?Rizr!'AR DON''DE PLIED ; CO S!-G IR ASSIS i N, _,- A LEGAL.. S F R e'IC1C DE F'-EFERENCIA 1, "_GA 1 LAW'?,"PR REF ERRAI SERVICE NOTICE: URSITALNI T'I'O THE FAIR I3a:.BT CC }<.I-,FC.T%0N' Fl .-A CTICFS ACT, HIS L A Fs:' IS DEEMED T BE DEBT COLLECTOR AND THIS IS Al"i ATTEMPT TO COLLECT A DEBT. ANY II` FO1 Mek' TION OBTAINED W$I.I, BF SFD FG-'R THAT FI _F0 SF. MREIN I-Afir' «FrFCHS, PC. Woodcrest Corporate l enter 111 Wooderest Road, Suite 200 C zem' 114'1i, Ncvv 3ersey' 08003-3620 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings a@udren.com__ Ocwen Loan Servicing, LLC Plaintiff V. Barbara Erickson Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 11-3701 °v =m 5: C= a N -n rn co N %D 3 rv N ..., rnF rn CD 'J ! CD c? „(7 AFFIDAVIT OF NON-MILITARY SERVICE UNDER Pa.R.C.P 76 THE UNDERSIGNED states based upon a search of the Department of Defense Manpower Data Center for the Defendant(s), that the Defendant(s), BARBARA ERICKSON, who/each of whom is over 18 years of age is/are not in active military service as defined in the Servicemembers' Civil Relief Act. The Military Status Report(s) is/are attached hereto as Exhibit "A". The Affiant lacks sufficient information to be able to determine whether any other Defendants in this action are in active military service because Plaintiff cannot provide date(s) of birth and/or Social Security number(s) for said Defendant(s) to enable a search. This statement is made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. Attorney for Plaintiff KASSIA FIALKOFF, ESQUIRE PA ID 310530 MJU#: 10040219 CASE#: 10040219-2 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1_ of 2 Feb-24-2012 09:51:50 ` Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency ERICKSON BARBARA Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). 01 Akkk In 44- 4??_ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL hLp://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmde.osd.mil/appj/scra/popreport.do 2/24/2012 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RDAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAH Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:HRAQVIGIRK https://www.dmde.osd.mil/appj/scra/popreport.do 2/24/2012 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER Ill WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(&,udren.com COURT OF COMMON PLEAS Ocwen Loan Servicing, LLC CIVIL DIVISION Plaintiff Cumberland County V. BARBARA ERICKSON Defendant(s) TO : Barbara Erickson 404 Cascade Rd, Mechanicsburg, PA 17055 MORTGAGE FORECLOSURE NO. 11-3701 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. Prothonotar) Judgment by Default ? Money Judgment ? Judgment in Replevin ? Judgment for Possession ? Judgment on Award of Arbitrat' .? ? Judgment on Verdict ? Judgment on Court Findings gi?z IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CONTACT: Attorney for Plaintiff Udren Law Offices, P.C. Woodcrest Corporate Center I I I Woodcrest Road, Suite 200, Cherry Hill, NJ 08003-3620 Phone: (856) 669-5400 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-3701 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 Barbara Erickson (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: $202,762.89 L.L.: $.50 Interest from 2/25/2012 to Date of Sale June 6, 2012 --- Ongoing Per Diem of $36.28 to actual date of sale including if sale is held at later date ---- $ 3,736.84 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $177.50 Other Costs: Plaintiff Paid: Date: 2/29112 •?C?C?%/?`---' David D. Buell, Prothonotary (Seal) B : Deputy REQUESTING PARTY: Name: Kassia Fialkoff, Esquire Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 310530 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsAmdren.com Ocwen Loan Servicing, LLC Plaintiff V. Barbara Erickson Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS c CIVIL DIVISION rnca -n -?? Cumberland County z ? ? -? r te `o MORTGAGE FORECLOSURE r - `' C:)C-j cT• ?' ? rn NO. 11-3701 `-: c--a PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount due Interest From 2/25/2012 to Date of Sale June 6, 2012 Ongoing Per Diem of $36.28 to actual date of sale including if sale is held at a later date (Costs to be added) 00 cB? ?.? o c tt 6 S-0 tt .Z - So r7 5D p a ?. 6- Bile- (p . Sa LL MJU#: 10040219 CASE#: 10040219-2 c qe? a-It 73 "y ?ssc'e C/ $.202,762.89 $ 3,736.84 UDREN LAW OFFICES, P.C. BYI Attorney for Plaintiff KASSIA FIALKOFF, ESQUIRE PA ID 310530 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings a(,udren.com _ Ocwen Loan Servicing, LLC Plaintiff V. Barbara Erickson Defendant(s) ..ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS , CIVIL DIVISION w Cumberland County rn "M rn rn i' - ca 0 ? MORTGAGE FORECLOSURE CD ' NO. 11-3701 y `?•' ` ' 2: AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 Ocwen Loan Servicing, LLC, Plaintiff in the above action, by its undersigned attorney, upon information and belief, Udren Law Offices, P.C., sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 404 Cascade Road, Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Barbara Erickson 404 Cascade Rd Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Barbara Erickson 404 Cascade Rd Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Jr Lien Holders - None 4. Name and address of the last recorded holder of every mortgage of record: Ocwen Loan Servicing, LLC 1661 Worthington Road #100 West Palm Beach, FL 33409 Sr Mortgage Holders - None Jr Mortgage Holders - None 5. Name and address of every other person who has any record lien on the property: Sr lien Holders - 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: Cumberland County Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128-1230 Tenants/Occupants 404 Cascade Road Mechanicsburg, PA 17055 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: Federal Tax Lien Holders - None Condo/Homeowners Association - None I verify that the statements made in this affidavit are true and correct to the best of my 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: ?` f 12 MJU#: 10040219 CASE#: 10040219-2 UDREN LAW OFFICES, P.C. BY: Z?f Attorney for Plaintiff KASSIA FIALKOFF, ESQUIRE PA ID 310530 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadines*udren.com Ocwen Loan. Servicing, LLC Plaintiff V. ATTORNEY FOR PLAINTIFF i COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County BARBARA ERICKSON MORTGAGE FORECLOSURE ` +?Tt Defendant(s) -n zM z rn av i n-- NO. 11-3701 r- "' ry) ::OCZ2 ) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Cr . ;c-. Ac- N t TO: Barbara Erickson c? 404 Cascade Rd Mechanicsburg, PA 17055 Your house (real estate) at 404 Cascade Road, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriffs Sale on June 6, 2012 at 10:00am at the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013, to enforce the court judgment of $202,762.89, 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 Sheriffs Sale, you must take immediate action: 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. 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. 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 TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 ALL that certain tract or parcel of land and premises situate, hying and being in the Township of Upper Allea in the County of Cumberlaml and Commonwealth of Pena.Qyivamia, more pailicalarly hounded and described as follows, to grit: BEGINNING at a paint on the western line of Cascade Road, said point being located six hundred sixty anti eighty-one one-hundredths (664.81) feet measured in a northerly direction along the westerly line of Cascade Road from the point of intersection of the westeriy lime of Cascade Road anal Kim Acres Drive; as shown on- he -hereinafter mentioned plan of lots, thence in a westerly direction along the northern line of Lot 20 on said plan one hundred thirty-two (132) feet to a point; thence mortis seven (7) degrees twenty-three (23) minutes 'W'est along land now or late of ML Allen Corporation, eighty (80) feet to a point; thence in an easterly direction along the southern line of Loot No. 22 on said plan one hundred thirty-two (132) feet to Cascade Read; thence along tine westerly line of Cascade Roar! South seven (7) degrees twenty-three (23) minutes East eighty (80) feet to the place of BEGINNING. BEING Lot No. 21, Ilan of Section B, ML Allen Heights, said Plan lacing recorded in the Office of the Recorder of Deeds in and far Citmherland County in Plan Boot: 10, page 67. BEING KNOWN AS: 404 CASCADE ROAD, MECHANICSBURG, PA 17055 PROPERTY ID NO.: 42-28-2421-254 TITLE TO SAID PREMISES IS VESTED IN' BARBARA ERICKSON, ADULT INDIVIDUAL BY DEED FROM CHARLES H. CARY AND SUSAN P. CARY, HUSBAND AND WIFE DATED 08/15/2007 RECORDED 08/16/2007 IN DEED BOOK INSTRUMENT NO. 200732238. UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadiMC&,,udren.com Ocwen Loan Servicing, LLC Plaintiff V. Barbara Erickson Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County ^a --; rrIM r" ?F MORTGAGE FORECLOSURE uxi N C ?G T C-D NO. 11-3701 CERTIFICATE OF ACT 91 I hereby state that as the attorney for the Plaintiff in the above-captioned matter: F;J Act 91 procedures have been fulfilled [1 Premises is not subject to the provisions of Act 91 as this is an FHA insured mortgage This statement 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: Attorney for Plaintiff KASSIA FIALKOFF, ESQUIRE PA ID 310530 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Pleadings(a),udren.com Ocwen Loan Servicing, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. Cumberland County BARBARA ERICKSON MORTGAGE FORECLOSURE Defendant(s) NO. 11-3701 SHORT DESCRIPTION FOR ADVERTISING ALL THAT CERTAIN LOT OF LAND SITUATE IN TOWNSHIP OF UPPER ALLEN, CUMBERLAND COUNTY, PENNSYLVANIA: BEING KNOWN AS 404 Cascade Road, Mechanicsburg, PA 17055 PARCEL NUMBER: 42-28-2421-254 IMPROVEMENTS: Residential Property UDREN LAW OFFICES, P.C. Attorney for Plaintiff KASSIA FIALKOFF, ESQUIRE PA ID 310530 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 leadin s&)udren.com Ocwen Loan Servicing, LLC Plaintiff v. I BARBARA ERICKSON, Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 11-3701 ?a .z` CD AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney hereby verifies that: 7 c.:5 C.J -'V r2 CD 1. A copy of the Notice of Sheriffs 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 Execution, on the date(s) appearing on the attached Certificates of Mailing. r C) ?w 2. A Notice of Sheriffs 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 "B". 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 unsworn falsification to authorities. Dated: x,16. r2 UDREN LAW OFFICES, P.C. BY: - A &ys ?forNaintiff Alan M. Minato, Esquire PA ID 75860 MJU#: 10040219 CASE#: 10040219-2 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 _ coven oan ervicing, L Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County BARBARA ERICKSON; Defendant(s) MORTGAGE FORECLOSURE i NO. 11-3701 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S): BARBARA ERICKSON; PROPERTY: 404 Cascade Road, (Township of Upper Allen), Mechanicsburg, PA 17055 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on 06/06/2012 at 10:00 AM, at the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013. 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. The Sheriff will file a Schedule of Distribution 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. MJU#: 10040219 CASE#: 10040219-2 Y F w' C O o; ? y L .? y E a s g'- i -, - T U 0 .0 v p p u O Q ?, 7 '9 ? ? U U. U V ? ? 7 U ? N O 7 ? V n 7 y U 73 > [C ? O 2i O B y 3 3 O u.. nU- a ;o C ai V C ? ? ? -___- .U? y a ° O V N 0. u M >U?o ' 'Q h A WW6 ?? da i A rz ? s ''' a ? Z o U O a c L ° ° z s? 3E)dl.SOd a pa,,ew 4080 Zy?ZivZiv GOV. ZO c3v06V596"q u Z o ? o E c I ' 40. O N 'S F II E I g aw E a '' ' ?v i , -._-I - EaEaE .?aE?G ' I 'x m.9 E p i o G? E? E -_-I x??N c o. 0 q y ' U V U N c . o ' . ' o c y p? ? I 7 I V y c o W ai c o '? C F E tL O T 0.2 " - E C E n o I EA y .S *E r: CL. I o RX - ? wYn i I ? F SIN ? O Y w N N C C a o IO •C 'IH ' m I N d LL r+ d .. tea. arm' w C O r :+ to C V W E U L O i _j C) a1 R M Q r . -- - L a ice L co?>% L 0 a c C 4I Q V l lIC ?M c ti' !' ?' •A T-1 .? r? =M 0 d ' I E < o c Ma M C ? V U In IN o? ? mt- lc a r 3 m D ? ,..N L -m =a or- E = d o p III ?._ ? .J o J p E LI mII m N'1 0 > > K ' ? b 01 E Vz E > ?°o L NIE C O E. m C? m M 0 ? w h -°. E I u ? ?d Q Z ?' II, j I X H CIS rt a cq m v v o ?- Oc o F SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheaf Jody S Smith Chief Deputy _ Richard W Stewart Solicitor =" ; K • kc, `'r F. Ocwen Loan Servicing, LLC Case Number vs. 2011-3701 Barbara Erickson SHERIFF'S RETURN OF SERVICE 03/2112012 07:16 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 404 Cascade Road, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. 03/21/2012 07:16 PM - Deputy Shawn Gutshall, being duly swom according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Barbara Erickson at 404 Cascade Road, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. SHERIFF COST: $909.20 SO ANSWERS, March 27, 2012 RON R ANDERSON, SHERIFF _,. ,:;i C;ctat?y'";u?e Strt;AV.. 'le! ossorl liv, UDREN LAW OFFICES,P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD,SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 r pleadings( udren.com u, Ocwen Loan Servicing,LLC -- COURT OF COMMON PLEAS Mc ro Plaintiff CIVIL DIVISION V. Cumberland County BARBARA ERICKSON; et al ' MORTGAGE FORECLOSURE r Defendant(s) NO. 11-3701 PRAECIPE TO WITHDRAW JUDGMENT AND DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above captioned matter as JUDGMENT WITHDRAWN and ACTION DISCONTINUED WITHOUT PREJUDICE,upon payment of your costs only. DATED: _A/22 UDREN LAW OFFICES, P.C. BY: _ Attorney f eR" ESQUIRE PA D79 MJU#: 10040219 CASE#: 10040219-2