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HomeMy WebLinkAbout11-4520UDREN 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 PIeadings(a)udren.com Ocwen Loan Servicing, LLC C/O Ocwen Loan Servicing, LLC 1661 Worthington Road #100 West Palm Beach, FL 33409 Plaintiff V. DIANE P. MCELWEE PO BOX 80 PLAINFIELD, PA 17081 HARRY E. MCELWEE PO BOX 80 PLAINFIELD, PA 17081 Defendant(s) ATTORNEY FOR PLAINTIFF c v MW c - urn ?° T? W <? © x» C-n C . a rn COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. 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. Qp4 '% 9 a. do d ct P-Uasc? 6? THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the 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., as nominee for Taylor, Bean & Whitaker Mortgage Corp. Assignee: Ocwen Loan Servicing, LLC Date of Assignment: Recorded Date: Book/Instrument #: Page: 2. Upon information and belief Defendant(s): Harry E. McElwee and Diane P. McElwee (hereinafter "Defendants"), are the owners of property located at 10 West Main Street, (West Pennsboro Township), Plainfield, PA 17081, by virtue of Deed dated 10/30/2006 and recorded 10/31/2006 in Official Records Book 277 at Page 1824 of the Public Records of Cumberland County, Pennsylvania (hereinafter the "Property"). 3. On 10/30/2006, Defendant(s): HARRY E. MCELWEE AND DIANE P. MCELWEE promised to pay to the order of Taylor, Bean & Whitaker Mortgage Corp., the principal sum of $ 123,050.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 10/30/2006, Defendant(s): HARRY E. MCELWEE AND DIANE P. MCELWEE 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 10/31/2006 in Official Records Book 1971 at Page 1310. 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. 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. 6. 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 $116,989.38 Accumulated Interest $3,759.47 Accumulated Late Charges $282.94 Escrow Deficit/(Reserve) $58.52 Attorney Fees - Estimated $1,300.00 Title Report $300.00 Property Inspection Fee $42.00 Grand Total $122,732.31 The above figures are calculated as of 05/20/2011: 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 6.87500 %. The per diem interest accruing on this debt is $21.90 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 $40.42. 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 $122,732.31 plus ongoing interest, costs and attorneys fees and for sale of the Mortgaged premises. UDREN LAW OFFICES, PC BY: cO I -/?J & Ffl .o ao9q, ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE VILLAGE OF PLAINFIELD, TOWNSHIP OF WEST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A STEEL PIN SET IN THE CENTER OF THE CARTWAY OF THE NEWVILLE ROAD (PENNSYLVANIA TRAFFIC ROUTE 641) SAID PIN MARKING THE COMMON POINT OF ADJOINER OF THE WITHIN DESCRIBED TRACT, CENTER OF THE CARTWAY OF SAID ROADWAY, AND LANDS NOW OR FORMERLY OF DONALD L. BERRY (SAID PIN ALSO BEING FOUND BY EXTENSION OF A LINE THROUGH THE PARTY WALL OF THE WITHIN DESCRIBED TRACT AND THE ADJOINING TRACT, TO THE CENTER OF SAID CARTWAY); THENCE EXTENDING IN AND THROUGH THE CENTER OF THE CARTWAY OF THE NEWVILLE ROAD, SOUTH 57 DEGREES 8 MINUTES 55 SECONDS EAST FOR A DISTANCE OF 57.81 FEET TO A STEEL PIN AT LANDS NOW OR FORMERLY OF RAYMOND L. WILSON; THENCE EXTENDING ALONG LANDS NOW OR FORMERLY OF RAYMOND L. WILSON, SOUTH 23 DEGREES 15 MINUTES 30 SECONDS WEST FOR A DISTANCE OF 164.20 FEET TO A STEEL PIN SET IN THE CENTER OF BACK STREET (T-457); THENCE EXTENDING IN AND THROUGH THE CENTER OF BACK STREET, SOUTH 87 DEGREES 56 MINUTES 30 SECONDS WEST FOR A DISTANCE OF 79.16 FEET TO A STEEL PIN AT LANDS NOW OR FORMERLY OF DONALD L. BERRY; THENCE EXTENDING ALONG LANDS NOW OR FORMERLY OF DONALD L. BERRY, THE FOLLOWING TWO COURSES AND DISTANCES: NORTH 25 DEGREES 26 MINUTES 0 SECONDS EAST FOR A DISTANCE OF 148.43 FEET TO A STEEL PIN SET, THE SOUTHERN END OF A PARTY WALL OF THE WITHIN DESCRIBED PREMISES; THENCE EXTENDING IN AND THROUGH SAID PARTY WALL, NORTH 31 DEGREES 48 MINUTES 30 SECONDS EAST FOR A DISTANCE OF 60.02 FEET TO A STEEL PIN SET IN THE CENTER OF THE NEWVILLE ROAD, SAID PIN MARKING THE PLACE OF BEGINNING. CONTAINING 12,358 SQUARE FEET ACCORDING TO A SURVEY PREPARED BY RODNEY LEE DECKER & ASSOCIATES, AND DATED OCTOBER 30, 1998. BEING IMPROVED WITH A SINGLE FAMILY RESIDENTIAL DWELLING KNOWN AND MUNICIPALLY NUMBERED AS 10 WEST MAIN STREET, PLAINFIELD, PA 17081. AS DESCRIBED IN MORTGAGE BOOK 1971 PAGE 1310 Ocwen Loan Servicing, LLC P.O. Box 24737 O.O W E N West Palm Beach, Florida 33416-4737 (Do not send correspondence or payments to the above address) NA' W W OC W EN COM March 02, 2011 VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515140047815 Reference Code: 1101 Diane P. Mcelwee Po Box 80 Plainfield, PA 17081 Loan Number: 70469986 Property Address: 10 West Main Street , Plainfield, PA 17081-0000 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 0C WEN (Do not send correspondence or payments to the above address) W W W.OC W EN.C"OM March 02, 2011 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 defaul and the lender intends to foreclose Pe fir 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 exulains how the program works. To see if HEMAP can help. ygu must MEET WITH A CONSUMER EDIT COUNSELING A NCY WITHIN THIRTY (30) DAYS OF T DATE OF THIS NOTI .F. Take this Notice with you when you meet with the Counseling Agency. The name address and Dhone number of Consumer Credit Counseling Agencies serving your County are listed at the end of his Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency to free at (800) 342-2397 (Persons with impaired hearing an call 717) 780-1869). This Notice contains important legal information If you have any questiopg, representatives at the Consumer Credit Counseling Agency my 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): Diane P. Mcelwee PROPERTY ADDRESS: 10 West Main Street Plainfield, PA 17081-0000 LOAN ACCT. NO.: 70469986 ORIGINAL LENDER: CURRENT LENDER/SERVICER: OCWEN This communication is DACT91.20 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 orpayments to the above address) WW W.OCWEN COM HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN AVE YOUR HOME FROM FORECLOSURE A_ . LP 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 st y 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 agencie li ted at the end of this Noti e THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGE CY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTCAGF UP TO DATE, T F P RT OFT THIS NOTI F_ CALLED"HOW TO CURE, YOUR MORTGAGE. DEFAULT". EXPLAINS HOW TO BRiiV YOUR MORTGAGE UP TO DATE. CONSUMER EDIT 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 teleFhone numbers of designated consumer credit counseling agencies for the_ county in which the proFeriy is located are et 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). HOW TO CURE VOiJR MORTGAGE DEFAULT (fig i't u,p to date) 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 C .,*W "*E N West Palm Beach, Florida 33416-4 73 7 (Do not send correspondence or payments to the above address) W W W.OC W EN.COM NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 10 West Main Street, Plainfield, PA 17081-0000 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 $ 1,014.14 from January 01, 2011 through March 02, 2011 DETAIL TM ARY : Principal and Interest ................................. Interest Arrearage ..................................... Escrow .................................................. Late Charges ........................................... Insufficient Funds Charges ........................... Fees / Expenses ........................................ Suspense Balance (CREDIT) ........................ Interest Reserve Balance (CREDIT) ................ TOTAL DUE .......................................... $ 2,425.05 $ 0.00 $ 617.37 $ 202.10 $ 0.00 $ 10.50 $ 0.00 $ 0.00 $ 3,255.02 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 $3,255.02, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must he made either by Mnnev Grown f`-M-1- 1'16-L !`o?:C,ed I OC WEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 IF YOU DO NOT CURE. THE DE.FAU T - 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 pro„peIn. 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 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 the default and prevent the sale at any time ull to on hour before the Sheriff ale You may do so by nayjgg the total amount then. Dast due. plus anv late nr nther rharaac than Ann oiner requirem n 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 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 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 c - w-e - w West Palm Beach, Florida 33416-4737 (Do not send correspondence orpayments to the above address.) WWW.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 SHERIFFS 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 C FDIT O NSFT IN A FN!'TFS 4FRVTNf Vnim A-d- V 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 io" 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) W W W.OC WEN COM March 02, 2011 VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515140047792 Reference Code: 1101 Harry Mcelwee PO Box 80 Plainfield, PA 17081-0000 Loan Number: 70469986 Property Address: 10 West Main Street , Plainfield, PA 17081-0000 PLEASE SEE THE ENCLOSED DOCUMENT 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 C W E N ? West Palm Beach, Florida 33416-4737 (Do not send correspondence or payments to the above address) W W W.OC W EN.COM March 02, 2011 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 intend to foreclose Specific information about the nature of the default i 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 RE AP can help you must MEET WITH A ONSi MER EDIT O 1N4FI IN A NCY 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 (800) 342-2397 (Persons ..nth impaired hearing can call ( 780 1869) This Notice contains important legal information If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to MIR 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 laMer. 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): Harry Mcelwee PROPERTY ADDRESS: 10 West Main Street Plainfield, PA 17081-0000 LOAN ACCT. NO.: 70469986 ORIGINAL LENDER: CURRENT LENDER/SERVICER: 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 C W E N West Palm Beach, Florida 33416-4737 (Do not send correspondence or payments to the above address) W W W.OCWEN.COM HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH AN A You R HOME FROM FORECLOSURE AND HELP YOU MA FUTURE. MORT A E 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. TE MPO RARY STAY OF FORECL OSURE Under the Act, you are entitled to a tem porary stay of foreclosure on. you r mo rtgage for thirty (30) days fr om the date of this Notice During that time you mu st arran e and attend a "f to-f ace" meeting with on of the con sumer credit c li li i g ace- MU ST O CCUR WITHIN THE NE ounse ng agenc es sted at the end o XT (30) DAYS. IF YOU DO NOT APPLY FOR f this Notice, THIS MEETING EMERGENCY MOR ASS ISTA NCE. YOU MUST BRIN G YOUR MORTGAGE UP TO DATE, THE TGAGE PART OF THIS NOTICE CA LLED "HOW TO CURE YOUR MORTGAGE 1lEE U LT". EXPLAINS HOW TO _ BRING YOUR MORTGAGE UP TO D ATE. CONSUMER ACREDIT 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 ..........I- ..... e__ ••••••L....._ .. L,. fur joroileny is locates are et corm 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). HOW TO C F. YOUR MORT! Arr' E AU T (Bllug.up to date) 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 C W E - N N West Palm Beach, Florida 33416-4737 (Do not send correspondence or payments to the above address) W W W .OC W EN.COM NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 10 West Main Street, Plainfield, PA 17081-0000 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 $ 1,014.14 from January 01 2011 through March 02, 2011 DETAIL T A Y Principal and Interest ................................. $ 2,425.05 Interest Arrearage ..................................... $ 0.00 Escrow .................................................. $ 617.37 Late Charges ........................................... $ 202.10 Insufficient Funds Charges ........................... $ 0.00 Fees / Expenses ........................................ $ 10.50 Suspense Balance (CREDIT) ........................ $ 0.00 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 3,255.02 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 $3,255.02, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Money Gram, ashier'c Check, Certified Check or Monty 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 mortgagg?property. IF THE MORTGAGE IS FORE OSFD 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 withi th 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 RE 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 Sheriff's Sale, You may do so y_payjng the total amount then past due. plus any late or other charues then dne rooannn6ln .rr.... ..r a--_ _ Miner requirement 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 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 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 C W E N West Palm Beach, Florida 33416-4737 (Do not send correspondence or payments to the above address) W W W .OC W EN 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 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 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 A N IE SFRVING YOUR COUNTY 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 C W E N West Palm Beach, Florida 33416-4737 (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: 71069017515140047808 Reference Code: 1101 Harry Mcelwee Diane P. Mcelwee 10 West Main Street Plainfield, PA 17081-0000 Loan Number: 70469986 Property Address: 10 West Main Street , Plainfield, PA 17081-0000 PLEASE SEE THE ENCLOSED DOCUMENT 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 C C W E•N West Palm Beach, Florida 33416-4 73 7 (Do not send correspondence or payments to the above address.) March 02, 2011 APPENDIX A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE WWW.OC:WEN. 'OM This is an official notice that the mortgage on your home i in default, and the lender'nten to foreclose Specific information about the nature of the default i provided in the attached pages, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (H MAP) may be able to help to save your home This Notice explains how the program works. To see if HEMA can help. you must MEET WITH .A ON MER EDIT COUNSEL rNr A ENCY WITHIN THIRTY (30) DAYS OF THE. DATE, OF THIS NOTICE_ Take this Noti a with you when you meet with the Counseling Agency, -- -- 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: Harry Mcelwee Diane Mcelwee 10 West Main Street Plainfield, PA 17081-0000 70469986 OCWEN This communication is from a debt collector attempting to collect a debt; any information obtained will be used fore thatl.zo 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 0 o w e w West Palm Beach, Florida 3341 6-4 73 7 (Do not send correspondence or payments to the above address.) WWW.OCWEN `OM HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBI E FOR FINANCIAL ASSISTANCE WHICH AN AV 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. TE MPO RARY STAY OF FORECL OSURE nder th e e. t? you are e ntitled to a tem ora cr you to- f r mo ace" rtgage meetin for thirty (30) days fr g with one of the co om the date of thi di Notic e. During t p ry hat time you m t arrang y of torecio ire on. ed attend a "face- MU ST O CCILR n MUHIN THE NE sumer cre t counsel XT (30) DAYS IF ling YO agencies lis ted at the end of thi Note e THL MEETING ASS CA ISTA LLED NCE. "HOW - YOU MUST BRIN , G YOUR MnRT U rer DO NOT ? UP TO APPLY FOR EMERGE DATE THE PART NCY MORTGAGE OF THIS NOTI F UP TO D ATE. TO CU F, YOUR MORTGAGE DEF ?rrr T99' EXPLA INS HOW TO BRING Y _ OUR MORTGAGE CONSUMER CREDIT CO iNSFL ING 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 n.?...hers of designates Gone, r credit cnnncei?n- county in which the proF is located are et forth at the end of this Nntiu. It is only necessary to schedule one face- to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORT A A I T NCF - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE nEz ?iTi T in • g It un o 1391nl i.zo 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 0 - C C- W °.__ E- West Palm Beach, Florida 33416-4737 O (Do not send correspondence or payments to the above address) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 10 West Main Street, Plainfield, PA 17081-0000 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 $ 1,014.14 from January 01. 2011 through March 02. 2011 DETAIL. SU ARV Principal and Interest ................................. $ 2,425.05 Interest Arrearage ..................................... $ 0.00 Escrow .................................................. $ 617.37 Late Charges ........................................... $ 202.10 Insufficient Funds Charges ........................... $ 0.00 Fees / Expenses ........................................ $ 10.50 Suspense Balance (CREDIT) ........................ $ 0.00 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 3,255.02 HOW TO URF, 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 $3,255.02, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Money Gram 9chierc !hock Certified heck or Monty Order made payable and sent to. OC WEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 IF YOU DO NOT CURE. THE DE AULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intend 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 mortggggAprojjejU. IF THE MORTGAGE I 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-10 Day attor ey' 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 .TURF. 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 he right to cure the default and prevent h ale at any time unto one hour before the Sheriff's Sale You may dos DaYing the total amt ant then past due Dlu% anv Iate or other charges then dne regann MIMI reuuiremen under me mort 9oe, 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 POSSIBi F H VIMVFFfO Ai F DATA - 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 WWW.OC;WEN.COM This communication is from a debt collector attempting to collect a debt; any information obtained will be used for thatl.zo 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 O C C (Do not send correspondence or payments to the above address) W W W.OC WEN.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 ervicer• 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 F.RIFF'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 MORT('A' F _ 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. This communication is from a debt collector attempting to collect a debt; any information obtained will be used for thatl.zo 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:? 4{a?ln er PA lD 30 qq4 Cj. 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 rnm ?' SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 z c -orn MARGUERITE L. THOMAS, ESQUIRE - ID #204460 y w o DANIEL S. SIEDMAN, ESQUIRE - ID #306534 <o = a HEATHER RILOFF, ESQUIRE - ID #309906 7o?c? s?• = Z_ WOODCREST CORPORATE CENTER .t3 °M 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsA udren.com Ocwen Loan Servicing, LLC COURT OF COMMON PLEAS 1661 Worthington Road #100, West Palm CIVIL DIVISION Beach, FL 33409 CUMBERLAND County Plaintiff V. DIANE P. MCELWEE PO BOX 80 PLAINFIELD, PA 17081 HARRY E. MCELWEE PO BOX 80 PLAINFIELD, PA 17081 Defendant(s) TO THE PROTHONOTARY: NO. l l"? s e l vt 1 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: P-AltJ 3o??aZ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILED-OFFIpE Jody S Smith 9 tx of ?ca?brrfa ? %"F THE PIIOP-1 lNO ?A !Dy Chief Deputy 2011 JUN -1 AM 8.2 8 Richard W Stewart Solicitor OFF iCE ,?F T?q;S-ERIFF ''UMBERLAND yO(NTV PENNSYLVANIA Ocwen Loan Servicing, LLC vs. Case Number Harry E. McElwee (et al.) 2011-4520 SHERIFF'S RETURN OF SERVICE 05/24/2011 05:50 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on May 24, 2011 at 1750 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Harry E. McElwee, by making known unto himself personally, at 10 W. Main Street, Plainfield, Cumberland County, Pennsylvania 17081 its contents and at the same time handing to him personally the said true and correct copy of the same. ROBE T BITNER, D UTY 05/24/2011 05:50 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on May 24, 2011 at 1750 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Diane P. McElwee, by making known unto herself personally, at 10 W. Main Street, Plainfield, Cumberland County, Pennsylvania 17081 its contents and at the same time handing to her personally the said true and correct copy of the same. 1 RO E T BITNER, DSHERIFF COST: $50.00 May 25, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF «i GourtySURe Sherff. Te,ecso!t Inc.