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HomeMy WebLinkAbout11-5329UDREN 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 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 DANIEL S. SIEDMAN, ESQUIRE - ID #306534 HEATHER RILOFF, ESQUIRE - ID #309906 SHERNESE V. WOODBINE, ESQUIRE - ID#91209 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(a udren.com OneWest Bank, FSB C/O OneWest Bank, FSB 888 East Walnut Street Pasadena, CA 91101 Plaintiff V. JOHN P. CASPER A/K/A JOHN F. CASPER 6343 NORTH POWDERHORN ROAD MECHANICSBURG, PA 17055 MARY JANE S. CASPER 6343 NORTH POWDERHORN ROAD MECHANICSBURG,, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS -mac CIVIL DIVISION xr'n rrnn__ CUMBERLAND County C^r -- 'ern 6 .,acs ° o NO. - an y ?• ?'° z 5: E5 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 FE "R NO FEE. S C_ ay /a 71 y 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: First United Mortgage Services Assignee: Howard Hanna Financial Services, Inc Date of Assignment: 11/01/1993 Recorded Date: 11/15/1993 Book/Instrument #: 458 Page: 1149 Assignor: Howard Hanna Financial Services, Inc Assignee: City Mortgage Corporation Date of Assignment: 09/01/1994 Recorded Date: 09/22/1994 Book/Instrument #: 482 Page: 684 Assignor: City Mortgage Corporation Assignee: Standard Mortgage Corporatio of Georgia Date of Assignment: 05/27/1998 Recorded Date: 06/15/1998 Book/Instrument #: 579 Page: 399 Assignor: Standard Mortgage Corporatio of Georgia Assignee: Indymac Bank, F.S.B., A Federally Chartered Savings Institution Date of Assignment: 11/10/2003 Recorded Date: 12/08/2003 Book/Instrument #: 704 Page: 2643 Assignor: Indymac Bank, F.S.B., A Federally Chartered Savings Institution Assignee: OneWest Bank, FSB Date of Assignment: 11/18/2010 Recorded Date: 12/14/2010 Book/Instrument #: Instrument # 201036883 Page: n/a 2. Upon information and belief Defendant(s): John P. Casper a/k/a John F. Casper and Mary Jane S. Casper (hereinafter "Defendants"), are the owners of property located at 6343 North Powderhorn Road, Mechanicsburg, PA 17055, by virtue of Deed dated 05/20/1991 and recorded 05/22/1991 in Official Records Book C-35 at Page 1096 of the Public Records of Cumberland County, Pennsylvania (hereinafter the "Property"). 3. On 11/01/1993, Defendant(s): JOHN P. CASPER A/K/A JOHN F. CASPER AND MARY JANE S. CASPER promised to pay to the order of First United Mortgage Services, the principal sum of $177,500.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 11/01/1993, Defendant(s): JOHN P. CASPER A/K/A JOHN F. CASPER AND MARY JANE S. CASPER to secure the Note, mortgaged to First United Mortgage Services, the Property which is the subject of this action. The Mortgage was recorded on 11/15/1993 in Official Records Book 1177 at Page 741. 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 03/01/2011, 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 $113,904.72 Accumulated Interest $2,739.05 Accumulated Late Charges $174.90 Title Report $325.00 Attorney Fees- Estimated $1,300.00 NSF Charges $20.00 Grand Total $118,463.67 The above figures are calculated as of 06/07/2011: 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 $21.45 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 $58.30. 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 "At' WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $118,463.67 plus ongoing interest, costs and attorneys fees and for sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. BY:- Datiiel S'. ,a PA IL) .10-6534 ALL THAT CERTAIN PARCEL KNOWN AS LOT NO. 60, PHASE 2, SECTION II, HAMPDEN HEIGHTS, HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, ACCORDING TO A PLAN OF HAMPDEN HEIGHTS FOR PARK HILLS WEST, INC., BY WHITTOCK-HARTMAN, ROBERT HARTMEN, R.P.E. DATED DECEMBER 18, 1987 AND RECORDED IN PLAN BOOK 58, PAGE 39, BOUNDED AND DESCRIBED IN ACCORDANCE WITH SAID PLAN AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERN RIGHT-OF-WAY LINE OF NORTH POWDERHORN ROAD, SAID POINT BEING A COMMON PROPERTY CORNER OF LOT #60 AND LOT #61; THENCE FROM SAID POINT OF BEGINNING IN A WESTERLY DIRECTION ALONG SAID NORTHERN RIGHT-OF-WAY LINE OF NORTH POWDERHORN ROAD NORTH 87 DEGREES 09 MINUTES 52 SECONDS WEST A DISTANCE OF 110.00 FEET TO A COMMON PROPERTY CORNER OF LOT #59 AND LOT #60; THENCE ALONG LOT #59 NORTH 02 DEGREES 50 MINUTES 08 SECONDS EAST A DISTANCE OF 125.00 FEET TO A POINT AT LANDS OF BUNKER HILLS PLAN NO. 4; THENCE BY SAID LANDS OF BUNKER HILLS PLAN NO.4 SOUTH 87 DEGREES 09 MINUTES 52 SECONDS EAST A DISTANCE OF 110.00 FEET TO A COMMON PROPERTY CORNER OF LOT #60 AND LOT #61; THENCE ALONG LOT #61 SOUTH 02 DEGREES 50 MINUTES 08 SECONDS WEST A DISTANCE OF 125.00 FEET TO A POINT ON THE NORTHERN RIGHT-OF-WAY LINE OF NORTH POWDERHORN ROAD, THE POINT OF BEGINNING. SAID LOT CONTAINS 13,750.00 SQUARE FEET. HAVING ERECTED THEREON A TWO STORY DWELLING ALSO KNOWN AS 6343 NORTH POWERHORN ROAD. AS DESCRIBED IN MORTGAGE BOOK 1177 PAGE 741 IndyMac Vlortgage Services a Division of One West Bank @ PO Box 9042 Temecula, CA 92589-9042 Send Payments to: IndyMac Mortgage Services a Division of One West Bank O PO Box 4045 Kalamazoo. MI 49003-4045 Send Correspondence to: IndyMac Mortgage Services a Division of One West Bank 0 PO Box 4045 Kalamazoo, MI 49003-4045 ?196 9006 9295 1725 6880 JOHN CASPER 6343N POWDERHORN RD MECHANICSBURG,, PA 17055 PRESORT First-Class Mail U.S. Postage and Fees Pad w So 20110503-72 EXHIBIT A XC7' 8 Hone roan Servicing 6900 Beatrice Drive Kalamazoo, MI 49009 05/03/2011 JOHN CASPER 6343N POWDERHORN RD MECHANICSBURG„ PA 17055 RE: Loan Number: Legal Description of Property: 3000763155 6343N POWDERHORN RD MECHANICSBURG. PA 17055 Sent Via Certified Mail 7196 9006 9295 1725 6880 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgase on vour home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains how the nrosram works. To see if HEMAP can help you must MEET WITH CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 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 servicing 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 1-800-342-2397. (Persons with impaired hearing can call 1-717-780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAM.ANDO ESTA AGENCI.A (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA L.LAMADO "HOMEOWNER'S EMERGENCY MORTGAGE, ASSISTANCE PROGRAM" EL. CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTEC A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM W ep YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME OftF'Wfl'it Bank- 7196 90176 9295 1725 6880 FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE, HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE -ACT-), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (Plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSIS'T'ANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPL.AdNS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). 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. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEM.AP APPLICATION AS SOON AS POSSIBLE. IF YOL% HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEA THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. 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 A 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 up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by IndyMac Mortgage Services, a Division of OneWest Bank on your property located at the above referenced address is in SERIOUS DEFAULT, because you have not made the monthly payments that follow: Next Payment Due Date: Current Monthly Payment: Total Monthly Payments Due: Late Charges: Other Charges: Uncollected NSF Fees: Other Fees: Corporate Advance Balance: Partial Payment Balance: TOTAL. YOU MUST PAY TO CURE DEFAULT: 03/O1/2011 $1,593.17 $4,779.51 $116.60 $20.00 $0.00 $0.00 - 0.00 $4,916.11 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 $4,916.11, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made Vayable and sent to: IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix, AZ 85062-88026 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 'T'HIRTY (30) Days, the lender also intends to instruct its attorneys to start legal action to foreclosure upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you 0n est astlc.. vgv 7196 9006 9295 1725 6880 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 an time ime up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. 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 h months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: IndyMac Mortgage Services, a Division of OneWest Bank 2900 Esperanza Crossing Austin, Texas 78758 Loan Resolution Department 1-877-908-4357 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you. continue to live in the property after the 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 be eligible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. You will need to obtain expressed approval of the lender prior to any sale or transfer or assumption of the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE 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. You may also contact a HUD-approved housing counseling agency toll-free at 1-800-569-4287 or TDD 1-800-877-8339 for the housing counseling agency nearest you. These services are usually free of charge. CONSUMER CREDIT COUNSELING AGENCIES SERVICING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST OF COUNSELING AGENCIES LOCATED IN THE STATE OF PENNSYVANIA This company is a debt collector and any information obtained will be used for that purpose. However, if you have filed a bankruptcy petition and there is either an "automatic stay" in effect in your bankruptcy case, or your debt has been discharged pursuant to the bankruptcy laws of the United States, this communication is intended solely for informational purposes. Sincerely. IndyMac Mortgage Services, a Division of OneWest Bank, FSB Loan Resolution Please 1) Make your check payable to IndyMac Mortgage Services, a Division of OneWest Bank 2) Do not staple your payment to your billing statement 3) \ATrite your loan number on your check or money order 4) Do no include correspondence 5) Do not send Cash 6) Mail your payments to: IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix. AZ 85062-88026 WAR ti * Otieftst ltl<.. 7196 9006 9295 1725 6880 i CONSUMER CREDIT COUNSELING AGENCIES SERVING CUMBERLAND COUNTY CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Community Action Commission of Capt al Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717.334.1518 IndyMac Mortgage Services a Division of One West Bank 0 PO Box 9042 Temecula. CA 92589-9042 Send Payments to: IndyMac Mortgage Services a Division of One West Bank O PO Box 4045 Kalamazoo. MI 49003-4045 Send Correspondence to: IndyMac Mortgage Services a Division of One West Bank CR PO Box 4045 Kalamazoo, MI 49003-4045 ;} 7196 9006 9295 1725 6903 MARY SCASPER 6343N POWDERHORN RD MECHANICSBURG,, PA 17055 20110503-72 PRESORT First-Class Mail U.S. Postage and Fees Paid WSO XC718 Home _oan Servicing 6900 Beatrice Drive Kalamazoo, MI 49009 0-5/03/2011 MARY SCASPER 6343N POWDERHORN RD MECHANICSBURG„ PA 17055 RE: Loan Number: Legal Description of Property: 3000763155 6343N POWDERHORN RD MECHANICSBURG,, PA 17055 Sent Via Certified Mail 7146 9DD6 9295 1725 6903 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached Pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains how the program works. To see if HEMAP can heh. you must MEET WITH CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF TH.E., 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 servicing 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 1-800-342-2397. (Persons with impaired hearing can call 1-717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENC?t) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. 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. HOMEOW'NER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME Eli ` Fit:'Sx aCtk 7196 9006 9295 1729 6903 FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMF,OWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT' OF 1983 (THE -ACT-), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (Plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). 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 'Mth one of the designated consumer credit counseling agencies fisted 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. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEM.4P APPLICATION AS SOON AS POSSIBLE. IF YOL% HAVE A AIEETIAIG WITH A COUNSELING AGE'VCY WITHIN 33 DAYS OF THE POSTMARIA DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THE1V THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN TIIE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. 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 A 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 up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by hidyMac Mortgage Services, a Division of OneWest Bank on your property located at the above referenced address is in SERIOUS DEFAULT, because you have not made the monthly payments that follow: Next Payment Due Date: Current Monthly Payment: Total Monthly Payments Due: Late Charges: Other Charges: Uncollected NSF Fees: Other Fees: Corporate Advance Balance: Partial Payment Balance: TOTAL YOU MUST PAY TO CURE DEFAULT: 03/01/2011 $1,.593.17 $4,779.51 $116.60 $20.00 $0.00 $0.00 40.00 $4,916.11 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 $4,916.11, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix, AZ 85062-88026 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 foreclosure upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However. if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you OneWesl Banc.. 7196 9006 9295 1725 6903 cure the default within the THIRTY (30) DAY period, you will not be required to pav attorneys 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 anon to one hour before the Sheriff's Sale. You may do so by pang the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing anv 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 SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale'rill be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: IndyMac Mortgage Services, a Division of OneWest Bank 2900 Esperanza Crossing Austin, Texas 78758 Loan Resolution Department 1-877-908-4357 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the 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 be eligible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt; provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. You will need to obtain expressed approval of the lender prior to any sale or transfer or assumption of the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE, NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURF 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. You may also contact a HUD-approved housing counseling agency toll-free at 1-800-569-4287 or TDD 1-800-877-8339 for the housing counseling agency nearest you. These services are usually free of charge. CONSUMER CREDIT COUNSELING AGENCIES SERVICING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST OF COUNSELING AGENCIES LOCATED IN THE STATE OF PENNSYVANIA This company is a debt collector and any information obtained will be used for that purpose. However, if you have filed a bankruptcy petition and there is either an "automatic stay" in effect in your bankruptcy case, or your debt has been discharged pursuant to the bankruptcy laws of the United States, this communication is intended solely for informational purposes. Sincerely, IndyMac Mortgage Services, a Division of OneWest Bank, FSB Loan Resolution Please 1) Make your check payable to IndyMac Mortgage Services, a Division of OneWest Bank 2) Do not staple your payment to your billing statement 3) Write your loan number on your check or money order 4) Do no include correspondence S) Do not send Cash 6) Mail your payments to: IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix, AZ 85062-88026 OneWest Ban 7196 9006 9295 1725 6903 CONSUMER CREDIT COUNSELING AGENCIES SERVING CUMBERLAND COUNTY CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Community Action Commission of Captiad PA Interfaith Community Programs Inc Region 40 E High Street 1514 Deny Street Gettysburg, PA 17325 Harrisburg, PA 17104 717.334.1518 717.232.9757 V=C A SON The nd ei is as arttl,nri??ri of OneWestBa ak, 's seavicer on behalf of IhF P 1x17- r-ffand as such is L?1i_?r wTtwTth the bn corns records m ?m a;n r?i by One est Bak r ;purpose of servicing sotg??e loms_ nh se r-cords (wEch irclnd,- data eon lat1 m is, tl-rt•a1 ? caL1y i wed docrmenis, amd othm) m ma?z zt m nr the , e by, of nom othe ;-fou-nali on provided by, persons with kaowlEti 6e of the acuYty and t =n E -:lions refert-d m such records, and ae kept in The corase of busm ss activity conai .r d. reg 1 Tly by OneWest Han?, FSB. I an anfho-,ized to nazl-e 'mss veEjfLcatjon on bt a-L of Plaintia and hereby vc&7 that the fats set forth ia the L oregomg Comp Edn` in Mort?.ige Foreclamr, are true and =--a to the best of ray owiedge, info, TjoD belief I ud.erstand du-d s?lse st tcm= herein ae made snbjec-t to the penal_des of Pa C..S. §',904, rela_ng to uns-wom falsificxhon to azTthoj:jdes- OneWestB?k, r' ?B on behAff of Plain -FT JUN 21 2011 Name Kristen L. Rieger 'I-3 29- e_ Assistant Secretary 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 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 DANIEL S. SIEDMAN, ESQUIRE - ID #306534 HEATHER RILOFF, ESQUIRE - ID #309906 SHERNESE V. WOODBINE, ESQUIRE - ID#91209 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadinusAmdren.com OneWest Bank, FSB COURT OF COMMON PLEAS 888 East Walnut Street CIVIL DIVISION Pasadena, CA 91101 CUMBERLAND County Plaintiff V. JOHN P. CASPER A/K/A JOHN F. CASPER NO. C 6343 NORTH POWDERHORN ROAD MECHANICSBURG, PA 17055 MARY JANE S. CASPER 6343 NORTH POWDERHORN ROAD MECHANICSBURG,, PA 17055 Defendant(s) ENTRY OF APPEARANCE TO THE PROTHONOTARY: C 1 t% 1 a w 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; Marguerite L. Thomas, Esquire; Daniel S. Siedman, Esquire; Heather Riloff, Esquire, Shernese V. Woodbine, Esquire on behalf of the Plaintiff, in the above-captioned matter. UDREN LAW OFFI , BY:?---.. Daniel S. Siecirnan, c q;jire PA ID 306534 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy FILED-GFFICE 1 THE PROTHONOTARY 2011 JUL -8 AM 8: 13 Richard W Stewart Solicitor One West Bank, FSB vs. Mary Jane S. Casper (et al.) CUMBERLAND COUNTY PENNSYLVANIA Case Number 2011-5329 SHERIFF'S RETURN OF SERVICE 06/30/2011 03:27 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on June 30, 2011 at 1527 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Mary Jane S. Casper, by making known unto herself personally, at 6343 N. Powderhorn 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. DEN KS FRY, DEPeV 06/30/2011 03:27 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on June 30, 2011 at 1527 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: John P. Casper, by making known unto himself personally, at 6343 N. Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. DENP S FRY, DEF6TY SHERIFF COST: $54.00 July 01, 2011 SO ANSWERS, RbNN"Y R ANDERSON, SHERIFF ( Cour ySuite Sheriff- Teaenseft. In-, UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 One West Bank, FSB =COURT OF COMMON PLEAS 888 East. Walnut Street € CIVIL DIVISION - Pasadena, CA 91101 :Cumberland County W Plaintiff ate ` V. =NO. 11-5329-Civil --I CD John P. Casper A/K/A John F. Mob C) - Casper =C:> -' " CD C Mary Jane S. Casper 6343 North Powderhorn Road .? N Mechanicsburg, PA 17055 Defendant(s) PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. DATED: August 2, 2011 Attorney for Pla 4-c?? 4at o 11060308-1