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Home My WebLink About12-1610FILED-OFFICE CV ETIRPTHONOTARY 3 AM 10: 4, MAR C111bE'RLAKD COU14TY I~'- 1iCSYLVANIA UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 PAIGE M. BELLINO, ESQUIRE - ID#309091 HARRY B. REESE, ESQUIRE - ID#310501 AMY GLASS, ESQUIRE - ID#308367 KASSIA FIALKOFF, ESQUIRE - ID#310530 ELIZABETH L. WASSALL, ESQUIRE - ID#77788 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Dleadings(&?udrenxom U.S. Bank, National Association, as Trustee for C-BASS 2007-CB2 Trust, C-BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB2 C/O Ocwen Loan Servicing, LLC 1661 Worthington Road #100 West Palm Beach, FL 33409 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. ?at2- ll0-10 V. DENNIS A. TOWN 4928 SIMPSON FERRY ROAD MECHANICSBURG, PA 17050 WENDY L. TOWN 4928 SIMPSON FERRY ROAD MECHANICSBURG, PA 17050 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other-- . _ lbw} t?ld?. 75 C ?Lt a?{43 2 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 O GE SE'T FORTH BELOW. I , THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING tA' LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BEABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS 'AT AA AOUCED 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 dernandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NOTICE The amount-tof your .debt is as stated in the attached :document,. The name of the t q :. w ?' ; " ?' _eieditor to wham the debt is wed .is as,ba ed: ut e a er U ess o rtotfy 40- s us within F 0 days after receipt of this tNotice 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 I . Plaintiff is the entity designated in the caption on a preceding page. Plaintiff is the legal hole ..pf tl e Mortgage .that is. the subject of this- Apt#qp... f',laaintiff is either .the. . current mortgagee of record, is, the, legal holier 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 Mottga" f is by the'f"ol'fiowing 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 The CIT Group/Consumer Finance, Inc Assignee: U.S. Bank, National Association, as Trustee for C-BASS 2007-CB2 Trust, C-BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB2 Date of Assignment: 02/01/2012 Recorded Date: 02/08/2012 Book/Instrument #: instrument 201203914 Page: n/a 2. Upon information and belief Defendant(s) and/or their predecessor: Dennis A. Town & Wendy L. Town (hereinafter "Defendants"), are the owners of property located at 4928 Simpson Ferry Road, Mechanicsburg, PA 17050, by virtue of Deed dated 06/28/2006 and recorded 07/12/2006 in Official Records Book 275 at Page 3102 of the. Public Records of Cumberland County, Pennsylvania (hereinafter the "Property"). 3. On 06/29/2006, Defendant(s) and/or their predecessor: DENNIS A. TOWN & WENDY L. TOWN promised to pay to the order of The CIT Group/Consumer Finance, Inc, the principal sum of $71,000.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 06/29/2006, Defendant(s) and/or their predecessor: DENNIS A. TOWN & WENDY L. TOWN to secure the Note, mortgaged to Mortgage Electronic Registration Systems, Inc., as nominee foeThe Crr Grip/Cotsum#r l ttice 'Int ' th& P erty which is cial the subject of this action. The' 1t ortgage - vas recorded do fl7/6 006 in ' off Records Book. 1958 at Page' 16$3. Said 1Vldr(gage, is incorporated. herein by referenced in accordance-with Pa.R:C.P 1019(g). A legal `description of the mortgage premises is attached hereto and made a part hereof. 5 6. Said mortgage is in default in that the payment due 10/01/2011, and all subsequent payments have not been made, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with the other charges authorized by said Mortgage and itemized below, shall be immediately due. After demand, the Defendant(s) continues to fail or refused to comply with the terms of the Mortgage as follows: (a) By failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) By failing or refusing to pay other charges, if any, indicated below. The following amounts are due on the said Mortgage or modification agreement as of the date stated below Unpaid Principal Balance Accumulated Interest Accumulated Late Charges Escrow Deficit/(Reserve) Suspense Balance Property Inspection Fee Property Valuation Fee Prior servicer fees Title Report Attorney Fees Grand Total $66,620.40 $2,255.90 $665.65 $-181.65 $-116.51 $31.50 $292.00 $21.50 $300.00 $1,300.00 $71,188.79 The above figures are calculated as of 02/22/2012: The interest rate is subject to adjustment if more fully described as such in the note and mortgage. The interest rate on•the subject n6be is at 7.15000 %. The per diem interest accruing on this debt is $13.15 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 : K mrortgxg _The latt'chargh tttt rr' ii j G ito? ?s til ?a"ditl dfii `?tt ¢t a tl to i` t? the note and mortgage charged monthly at $33.44. Breach letters have been sent to Defendan (sj in actor ce nth the retliii?rements of" the subject mortgage ani3/oi ='fhe Pez s"j? iia c ' "'b£ 19-74.1 f lfre :C ' i i riviiealth of .... ?:t 'J. .... Pennsylvania and,. if applicable; Act 01, 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 $71,188.79 plus ongoing interest, costs and attorneys fees and for sale of the Mortgaged premises. UDRE LAW OFFICES, P.C. _ C.- BY: _ .- 1. SEU INO, ESQUIRE PA W 309091 VERIFICATION The undersigned states that he/she is authorized to make this verification on behalf of the Plaintiff, and that the facts set forth in the foregoing pleading are true and correct to the best of the information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 3 Jqb?2, NIJU #: 12010064 CASE #::1201006 -1 Jaw,I IJA' Nancy Eger Name: Title: C . r Company: Ocwen Loan Servicing, LLC as Servicer on behalf of U.S. Bank, National Association, as Trustee for C-BASS 2007-CB2 Trust, C-BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB2 i . BEMl?i11M . at a pi ;&t on . the. Nor=thern. side , o Uthe 3IMpsdn- Perm Road, said pmt = 8 being two hundred thirty--four (234) feet measured along the Simpson Ferry Road in 'A Westerly direction from the Northwest corner of the Simpson Ferry Road and a proposed thrlrty (30) foot right-0f--way; thence along property now or formerly of John C. Kunkel, North eight (8) degrees, thirty (30) minutes East, six hundred and five-tenths (600.5) feet, more or less, to the Southern side of a proposed thirty(30) foot right-of- way; thence along said Southern side of a proposed thirty (30) foot right-of-way; South eighty-six (86) degrees West, seventy-two (72) feet to a point at other lands now or formerly of John C. Kunkel; thence along other lands of John C. Kunkel, South eight (8) degrees thirty (30) minutes West, six hundred and five tenths (600.5) feet, more or less, to the Northern side of Simpson Ferry Road; thence along the Northern side of Simpson Ferry Road, North eighty-seven (87) degrees thirty (30) minutes East, seventy-two (72) feet to the place of BEGINNING. PARCEL #10-22-0527-159 BKI958PG1656 [O'" Ocwen Loan Servicing, LLC P.O. Box 24737 O C W EN West Palm Beach, Florida 33416-4737 (Do not send correspondence orpayments to the above address) WWW.OCWEN.COM November 30, 2011 VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71060017515147060015 Reference Code: 1111 Dennis Town 4928 Simpson Ferry Rd Mechanicsburg, PA 17050-0000 Loan Number: 7090449187 Property Address: 4928 Simpson Ferry Rd, Mechanicsburg, PA 17050-0000 PLEASE SEE THE ENCLOSED DOCUMENT Exhibit A _ DACT9111 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 NMLS # 1852 Ocwen Loan Servicing, LLC P.O. Box 24737 - West Palm Beach, Florida 33416-4 73 7 O C W W E N N (Do not send correspondence or_payments to the above address) WWW.OCWEN.COM APPENDIX A November 30, 2011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: Dennis Town 4928 Simpson Ferry Rd Mechanicsburg, PA 17050-0000 LOAN ACCT. NO.: 7090449187 ORIGINAL LENDER: CURRENT LENDER/SERVICER: OCWEN DACT91.21 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 NMLS # 1852 ...__......._....ti Ocwen Loan Servicing, LLC P.O. Box 24737 - ° West Palm Beach, Florida 33416-4737 0 C W E N (Do not send correspondence or payments to;lhe above. address)., WW W.OC WEN.COM - HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY, BE FORECLOSURE AND HELP FOR FINANCIAL ASSISTANCE WHItCH CAN SAVE YOUR HOME FROM . P YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIQNS ' OE ` THE ;HQ1VlEp?3'NIR'$RGENCY MORTGAGE, ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE. FbR 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. ORARY STAY OF FORECLOSURE -Under the Act,youu are entitled to a temporary shy of foreclosui iortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a " /1 ..-- ..C aL .. U-a -a LL- __a _t aL_- 1T_a:__ TWXWV X1 . T. 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 agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the_ county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face- to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance. Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (mpg it un to date). .This r,pmmunicgtian;isfrom;u debt collector atempting to, collect a debt; any information obtained will be used for4hat 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 NMLS # 1852 Ocwen Loan Servicing, LLC iU P.O. Box 24737 1---_..-.West Palm Beach, Florida 33416-4 73 7 OCWEN (Do not send correspondence orpayments.to the above-address.) : WWW.OCWEN.COM NATURE OF THE DEFAULT -The MORTGAGE debt held by the above aender.oWT"r;property located lti 4918' Sm1@son Ferry Rd jyechanicsburg P *;j7050-0000, IS SERIOUSLY IN DEFAULT because YOU6„HAVE N4W* MADE, MONT1H;Y- MO -TGAGE PAYMENTS for- the Jol#o ing i?topths 'the fellotving amounts are now past-due: 2 payments in the amount of $ 668.79 from October 01, 2011 through November 30, 2011 DETAIL SUMMARY : Principal and Interest ................................. Interest Arrearage ..................................... Escrow .................................................. Late Charges ........................................... Insufficient Funds Charges ........................... Fees / Expenses ........................................ Suspense Balance (CREDIT) ........................ Interest Reserve Balance (CREDIT) ................ TOTAL DUE .......................................... $ 959.08 $ 0.00 $ 378.50 $ 632.21 $ 0.00 $ 334.50 $ 116.51 $ 0.00 $ 2,187.78 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 $2,187.78, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Money Gram, Cashier's Check. Certified Check or Money Order made payable and sent to: OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. you will not be required to Ray 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 up to one hour before the Sheriff's Sale. You may do so by o„ paying the total amount then, wwn+ A_ wlv.. __ 1-6- . _ -616-- ..1... ?...... 616-- .1-- ?........?..1.1.. ..La........?.1 .. OO.... --A ......a.. _Sa aL_ 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. DACT91S1 This. oommunicattion isftom.a debt oolkcwr 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 NMLS # 1852 ' Oewen Loan Servicing, LLC 0 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.WW:OCWEN.COM EARLIEST POSSIBLE SHERIFF'S SALE DATE -.It3s estieiated..that the earliest date that such a Sheriff's- Sale,of the: mortgaged proert 'cWd be.held _-hould'I e:apprbAtnately dv- (5?,rijonths froin'thditic of tl&,Netice. A•nodca.uf = the actual date of the,SheriW* Sale'-will sout<to )oulbefdxe,tkTe saW Of course, the amount needed to cure the 401h • z will increase the longer you wait. You may find out, at any lime exactly what the required payment or action will be by contacting the servicer. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 334164737 Phone Number: 800-310-9229 Fax Number: 407-737-6300 Contact: Early Intervention Dept EFFECT OF SHERIFF'S SALE - You should realize that a 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 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 O'C'HER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY DACT91.21 This communication isfronvadebt collector attenoMg-r uect a debt;wary.-iot,*nnation obtained will be usedfor#that purpose. However, if the debt is inactive bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt NMLS # 1852 :_.. Ocwen Loan Servicing, LLC P.O. Box 24737 West Palm Beach, Florida 33416-4737 OCWEN (Do not send correspondenceor_payments,to the above, address), . ; . WWW.OCWEN.COM >. • November 30;,2011 a , VIA First C1ass.Mai1, .. VIA Certified Mail (return receipt requested) -Certi-fied Nmnber: 710690-17515147060022 Reference Code: 1111 Wendy L. Town 4928 Simpson Ferry Rd Mechanicsburg, PA 17050 Loan Number: 7090449187 Property Address: 4928 Simpson Ferry Rd, Mechanicsburg, PA 17050-0000 PLEASE SEE THE ENCLOSED DOCUMENT DACr91.21 This communication is from a debt: collector attempting twr Rect a debt; any infi6rmauion 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 NMLS # 1852 ..................N 0 Ocwen Loan Servicing, LLC P.O. Box 24737 .... ....... ..... West Palm Beach, Florida 33416-4737 OCWEN (Do not send correspondence orpayments to the- aboveaddness)-- WW .OCWEN.COM 'ND A Noye' mber 30, 2011 _, .,• ACT 9f NOTICE .z:. TAKE' ACTION TO SAVE YOUR HOME FROM FORECLOSURE LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Wendy L. Town PROPERTY ADDRESS: 4928 Simpson Ferry Rd Mechanicsburg, PA 17050-0000 LOAN ACCT. NO.: 7090449187 ORIGINAL LENDER: CURRENT LENDER/SERVICER: OCWEN DACT91.21 This communication is from a debt colle mr atuaewdog to lleoAxa.zkbrr airyiufi rmatiowebmined4WI-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 NMLS # 1852 r.... _........_...H Ocwen Loan Servicing, LLC P.O. Box 24737 ..._...-._.__.. West Palm Beach, Florida 33416-4737 OCWEN (Do not send:correspondenee orpayments to the.above.address., : 1XW W.0CWEN.COM HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR 'FINANCIAL ASSISTANCE WHICHf CAN SAYE' YOUR 'HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MIO GAGE-FAYMENT-S:- IF YOU COMPLY WITH THE PROVISIONS `OF" THE HOMEOWNEIVS.' 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. O ARY TAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosul iortgage for thirty (30) days from the date of this Notice, During that time you must arrange and attend a " V1 .. as...-:L1. ..-- -4'+L.. .. .....e. ......di+ ee....eeH.... e..e.....ee {hued a++1.e --A _r +16.. 1V^+iee Ti7iC X&VI '1 C I FD"HOW T CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the coup in which the prone is located are set forth at the end of this Notice. It is only necessary to schedule one face- to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). DACf91.21 ;Thu communication is from a debt collector attempdM. toeofimtmr4dobs ?-Awy>rnif6ttr aPivn obtained will be usad fbr•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 NMLS # 1852 " Ocwen Loan Servicing, LLC P.O. Box 24737 ?' West Palm Beach, Florida 33416-4737 O C W E N ,_. , •. YC? YYT YY? .OC. Y?Ty"?N.COM (Do not send carrespondence.orpayanents lo: the a?taue.address.)?.._ , :..., ., NATURE OF. THE DEFAULT -The MORTGAGE- debt held by the above le4L4er on yogr property, located :.at: 4928 -, .,,Sim? soq Fern' ech>lnicsburg, f?,A 17050r008Q IS SERIOUSLY IN DEFAULT `because: YQU HAVE-*NOT w MADE - MONTHLY, MORTGAGE, PAVMENTS for, the,'Utlowipg-tnunths and the, following amounts are now past due: 2 payments in the amount of $ 668.79 from October 01. 2011 through November 30, 2011 DETAIL SUMMARY Principal and Interest ................................. Interest Arrearage ..................................... Escrow .................................................. Late Charges ........................................... Insufficient Funds Charges .............. . ............ Fees / Expenses ........................................ Suspense Balance (CREDIT) ........................ Interest Reserve Balance (CREDIT) ................ TOTAL DUE .......................................... $ 959.08 $ 0.00 $ 378.50 $ 632.21 $ 0.00 $ 334.50 $ 116.51 $ 0.00 $ 2,187.78 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 $2,187.78, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Money Gram. Cashier's Check, Certified Check or Money Order made payable and sent to: OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY erio 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 up to one hour before the Sheriffs Sale. You may do so by paying the total amount then. ___a .___ ____ -_ __ _aL-_ -L-__-- aL-_ .1--- ..------L1- ..La........-.1., t -- ..-.i ---L- ....??ww4a.7 --441. ?{.w C r....1..-.. r.. other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. DACT91.21 - is c~swicgtjon is from a debt collector.., attempting to. coUw- mdebtpa pyipfnr exn 0 d:will;he used }?=IJoZt ?' .? 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 NMLS # 1852 • Ocwen Loan Servicing, LLC P.O. Box 24737 W E N ? West Palm Beach, Florida 33416-4737 - -- OC ,.. (Do not send. correspondence orpaymentsto;the_abeveaddress: ,. <..,..WWW.0C;V4'EN.COM It such a Sher1R's Sale sf _ E4RI Lest date , gt ?IEST POSSIKE SHERIFF'S SALE DATE - is,estimated thatxthe ear t• 4 a the murtga&d erty':conld be.>held? `co'uld )te. approximately silt. ) mt+aths #rofw dwdote of thls'1 ,tnotsce uf, z ?' E.. e the actual da#e of =the} Sjleriff}s Pole will*e jm* to>you befolrp#he sale. Of course; the aptaunt ueedod to cure the ode aaElt 4 - Will increase the-longer you wait, You may-find out, at any time:exactly whas>the, required payment, or action °will.be by contacting the nrvicer. tr o. _,,, .. a ^."K' !}:.'....t? .....- ... ...: a-- . ..+i .Tr. r:... .: w t ' L .t - s .. 4 ... .i : .. w 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 Y may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY. THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY DACT91.21 cTxcci' ?? . Comm i Mivn itfrvm.a debt collector attempting toAcollect a debt; aar. vb1aimd will.b?zuse+d fvi <that. purpose. However, if the debt is inactive bankruptcy or has' been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt NMLS # 1852 UDREN LAW OFFICES, P.C. _'I IR1BY FOR PLAINTIFF E 4 F.. BY: MARK J. UDREN, ESQUIRE - ID 40408 STUART WINNEG, ESQUIRE ID #45362 . x ... ; ... _. . .::`. ?, LORRAINE DOYLE, ESQUIRE = #34576 ,....,,._ , ., . ALAN M. MINATO, ESQUIRE - ID,#75860. SHERRI J. BRAUNSTEINN; ESQUIRE -10 #90675 PAIGE M. BELLING ESQUIRE - ID#309091 HARRY B. REESE, ESQUIRE - ID#310501 rrnc '--n AMY GLASS ESQUIRE - ID#308367 == = `vn-I KASSIA FIALKOFF, ESQUIRE - ID#310530 r- 70 ELIZABETH L. WASSALL, ESQUIRE - ID#77788 - WOODCREST CORPORATE CENTER v c-? C) n ,e F 111 WOODCREST ROAD, SUITE 200 ? c CHERRY HILL, NJ 08003-3620 856-669-5400 IeadinEs(a),udren.com U.S. Bank, National Association, as Trustee for C- BASS 2007-CB2 Trust, C-BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB2 1661 Worthington Road #100 West Palm Beach, FL 33409 Plaintiff V. DENNIS A. TOWN 4928 SIMPSON FERRY ROAD MECHANICSBURG, PA 17050 WENDY L. TOWN 4928 SIMPSON FERRY ROAD MECHANICSBURG, PA 17050 Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. 19'Julb ?iw ENTRY OF APPEARANCE TO THE PROTHONOTARY: 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; Elizabeth L. Wassall, Esquire; Paige M. Bellino, Esquire; Harry B. Reese, Esquire; Amy Glass, Esquire; Kassia Fialkoff, Esquire on behalf of the Plaintiff, in the above-captioned matter. UDM W OFFICES, A. . c BY: PAIGE M. SELUNO, ESQUIRE FA I0 309091 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff x ! ul ',Ilti71/t (ref? t yak %i? i ?'r ic.E a00, Jody S Smith Chief Deputy ; p 2 N c. 20 Richard W Stewart Solicitor ?. M B E F PENNSYI.,lA,N1A US Bank National Association Case Number vs. Dennis A. Town (et al.) 2012-1610 SHERIFF'S RETURN OF SERVICE 03/16/2012 06:04 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2012 at 1804 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Dennis A. Town, by making known unto himself personally, at 4928 Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. S GUTS ALL, DEPUTY 03/16/2012 06:04 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2012 at 1804 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Wendy L. Town, by making known unto herself personally, at 4928 Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. S UTS LL, DEPUTY SHERIFF COST: $54.00 March 19, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ,5 )!t 11 :, ?. a u j ._.., rv - v James Proctor Law Office, LLC T 1580 Carlisle Pike Suite 11 Carlisle, PA 17013 717.559.0123 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. Bank, National Association, as Trustee for C-BASS 2007-CB2 Trust, C- BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB2 Plaintiff V. MORTGAGE FORECLOSURE NO. 2012-1610 DENNIS A. TOWN, WENDY L. TOWN Defendants PRAECIPE FOR ENTRY OF APPEARANCE 1. To the Prothonotary: Enter my appearance on behalf of Dennis A. Town and Wendy L. Town (Defendants). 2. Papers may be served at the address set forth below. James L. Proctor, Jr. PA I.D. #312202 James Proctor Law Office, LLC 1580 Ritner Highway, Suite 11 Carlisle, PA 17013 (717) 559-0123 Date: April 16, 2012 '? ri^ 16 F`i Li: " James Proctor Law Office, LLC 1580 Carlisle Pike Suite 11 Carlisle, PA 17013 717.559.0123 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. Bank, National Association, as Trustee for C-BASS 2007-CB2 Trust, C- BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB2 MORTGAGE FORECLOSURE Plaintiff V. NO. 2012-1610 DENNIS A. TOWN, WENDY L. TOWN Defendants ANSWER AND NEW MATTER And now come the Defendants, Dennis A. Town and Wendy L. Town, by and through their attorney, James L. Proctor, Jr., and file the following Answer and New Matter to Complaint in Civil Action, averring as follows: ANSWER 1. The allegations contained in Paragraph 1 of the Complaint are admitted in part and denied in part. Defendants admit that Plaintiff is entity designated in the caption on the Complaint. After reasonable investigation, this party is without knowledge or information sufficient to form a belief as to the truth of the remaining averments contained in Paragraph 1 of Plaintiff's Complaint. Strict proof is demanded of Plaintiff's averment that 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. 2. Defendants admit the allegations in Paragraph 2 of the Complaint. 3. Defendants admit the allegations in Paragraph 3 of the Complaint. 4. Defendants admit the allegations in Paragraph 4 of the Complaint. 5. The allegations contained in Paragraph 5 of the Complaint are admitted in part and denied in part. Defendant did make a payment on or about 10/01/2011, but Plaintiff applied the payment to past-due balances. In addition, Defendant attempted to make monthly payments subsequent to 10/01/2011, but Plaintiff rejected all of them. Defendant has also attempted in good faith, per Plaintiff s demand, to cure the alleged breach by applying for relief as detailed in the New Matter section of this Answer. Strict proof is demanded of Plaintiff s averment that Defendant has not made payments from 10/01/2011 and has failed to take action to cure the alleged breach. 6. After reasonable investigation, this party is without knowledge or information sufficient to form a belief as to the truth of the averments of amounts due contained in Paragraph 6 of the Complaint. The remaining allegations contained in Paragraph 6 of the Complaint are specifically denied, because they represent a reiteration of the claims made in Paragraph 5 of the Complaint. 7. Paragraph 7 is admitted. WHEREFORE, Defendants Dennis A. Town and Wendy L. Town pray this Honorable Court dismiss the lawsuit filed by Plaintiff against them. NEW MATTER 8. Paragraphs 1 though 7 are hereby incorporated by reference. 9. Plaintiff offered Defendants the opportunity to remedy their alleged mortgage deficiency via modification of their loan pursuant to the federal Home Affordable Modification Program (HAMP), 10. Plaintiff's debt collection agency, Ocwen, is a HAMP participating agency. 11. Defendants applied for a HAMP loan modification through Ocwen on or about January 3, 2011. 12. Defendants have negotiated in good faith thereafter with Ocwen, participating in approximately 12 period teleconference meetings and responding in a timely manner to approximately 10 requests for additional information. 13. Upon receiving Plaintiff's Complaint, Defendants contacted Ocwen by telephone on two occasions. On approximately March 16, 2012, Ocwen (Ms. Diana Gru) told Defendants, "Don't worry about it [the complaint]; there's no sheriff's sale scheduled and there will be no foreclosure as long as the [HAMP] paperwork is filed in a timely manner. On approximately March 19, 2012, Defendants' current Ocwen Relationship Manager (Ramji) made the same statement as Ms. Gru had made. 14. Pursuant to Making Home Affordable (HAMP) guidelines, banks will not take foreclosure action against mortgagors whose HAMP applications have not been denied. 15. Defendants have never received notice from Plaintiffs that Defendants' HAMP application has been denied. 16.Ocwen has continued, subsequent to Plaintiff's filing of the Complaint and 10-day notice, to negotiate the HAMP application with Defendants. Ocwen's most recent request for information was made to Defendants on April 13, 2012. Defendants sent the requested paperwork to Ocwen via mail on April 14, 2012. The offer of HAMP modification by Plaintiff, and Defendants' ongoing good faith effort, constitutes an equitable accord and satisfaction of the alleged mortgage note deficiency, thus enjoining Plaintiff from taking subject foreclosure action against Defendant. WHEREFORE, Defendants Dennis A. Town and Wendy L. Town pray this Honorable Court dismiss the lawsuit filed by Plaintiff against them in order to continue their good faith negotiations with Plaintiff's representative. Respectfully submitted, Date: April 16, 2012 At ( A ES L. PROCTOR, JR. iA rnev for Defendants Dennis A. Wendy Town VERIFICATION We, Dennis A. Town and Wendy L. Town, hereby verify that the statements made in the foregoing documents are true and correct to the best of our knowledge, information and belief. We understand that any false statements made herein are subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn Date: April 16, 2012 S A. TOWN NDY LT WP James Proctor Law Office, LLC 1580 Carfi0e Pike Suite 11 Carlisle, PA 17013 717.559.0123 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. Bank, National Association, as Trustee for C-BASS 2007-CB2 Trust, C- BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB2 MORTGAGE FORECLOSURE Plaintiff V. NO. 2012-1610 DENNIS A. TOWN, WENDY L. TOWN Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Answer and New Matter was served on Plaintiff's Counsel of Record this 16th day of April 2012 by First Class mail, U.S. Postage Prepaid, at the following addresses: U.S. Bank, National Association, as Trustee for C-BASS 2007-CB2 Trust, C-BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB2 C/O Ocwen Loan Servicing, LLC 1661 Worthington Road #100 West Palm Beach, FL 33409 Salvatore Carollo, Esquire Udren Law Offices, PC Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 09003-3620 L. PROCTOR, JR. r for Defendants Dennis A. endy Town James Proctor Law Office, LLC 1580 Carlisle Pike Suite 11 Carlsle, PA 17013 717.559.0123 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. Bank, National Association, as Trustee for C-BASS 2007-CB2 Trust, C- BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB2 Plaintiff V. MORTGAGE FORECLOSURE NO. 2012-1610 DENNIS A. TOWN, WENDY L. TOWN Defendants NOTICE TO PLEAD YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN NEW MATTER, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS ANSWER AND NEW MATTER 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 DEFENDANT'S ANSWER AND NEW MATTER OR RELIEF REQUESTED BY THE DEFENDANT. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. 1 r? S L. PROCTO , JR. Attorney for Defendants Dennis A. Town and Wendy Town 1580 Ritner Highway, Suite 11 Carlisle, PA 17013 (717) 559-0123 THE PROTHC,d40 , 2012 APR 20 PM 3; 00 CUMBERLAND COUNT`f PENNSYLYAN1A James Proctor Law Office, LLC 1580 Carlisle Pike Suite 11 Carlisle, PA 17013 717.559.0123 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. Bank, National Association, as Trustee for C-BASS 2007-CB2 Trust, C- BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB2 1 MORTGAGE FORECLOSURE Plaintiff V. NO. 2012-1610 DENNIS A. TOWN, WENDY L. TOWN Defendants ORDER AND NOW, this,2&day of , 20/,R upon consideration of Preliminary Objections of the Defendants, Dennis A. Town and Wendy L. Town, and Plaintiff's response, if any, it is hereby ORDERED and DECREED that Defendants' Motion to extend time pursuant to Pa.R.C.P. Rule 1003 is ?e ? C? i l-e -b` 7kttli Anse- BY THE COURT: J. PARTIES TO BE NOTIFIED UPON ENTRY OF ORDER: FOR PLAINTIFF U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR C-BASS 2007-CB2 TRUST, C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-CB2: / Salvatore Carollo, Esquire v Udren Law Offices, PC Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 09003-3620 FOR DEFENDANTS DENNIS A. TOWN AND WENDY L. TOWN: James L. Proctor, Jr., Esquire James Proctor Law Office, LLC 1580 Ritner Highway, Suite 11 at? Carlisle, PA 17013 p tPs C P ?,??a k„il' HL i"1 O 11H -4v !tr 2612 M1,,,Y -7 PM ?: 13 CUMBERLAND ',OUN 1'i, PENNSYLVANIA James Proctor Law Office, LLC 1580 Carlisle Pike Suite 11 Carlisle, PA 17013 717.559.0123 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. Bank, National Association, as Trustee for C-BASS 2007-CB2 Trust, C- BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB2 Plaintiff V. DENNIS A. TOWN, WENDY L. TOWN Defendants MORTGAGE FORECLOSURE NO. 2012-1610 DEFENDANT'S FIRST AMENDED ANSWER AND NEW MATTER And now come the Defendants, Dennis A. Town and Wendy L. Town, by and through their attorney, James L. Proctor, Jr., and file the following First Amended Answer and New Matter to Complaint in Civil Action, averring as follows: ANSWER 1. Defendants admit the allegations in Paragraph 1 of the Complaint. 2. Defendants admit the allegations in Paragraph 2 of the Complaint. 3. Defendants admit the allegations in Paragraph 3 of the Complaint. 4. Defendants admit the allegations in Paragraph 4 of the Complaint. 5. Defendants specifically deny the allegations contained in Paragraph of Plaintiff's Complaint. Defendant made the payment due 10/01 /2011 to Plaintiff. In addition, Defendant attempted to make monthly payments subsequent to 10/01/2011, but Plaintiff rejected all of them. Defendant has also attempted in good faith, per Plaintiffs demand, to cure the alleged breach by applying for relief under the Home Affordable Modification Program, as detailed in the New Matter section of this Answer. Strict proof of Plaintiffs averment that Defendant has not made payments from 10/01/2011 and has failed to take action to cure the alleged breach is demanded at the time of trial. 6. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of amounts due contained in Paragraph 6 of Plaintiff's Complaint. The remaining allegations contained in Paragraph 6 are specifically denied, because they represent a reiteration of the claims made in Paragraph 5. 7. Defendants admit the allegations in Paragraph 7 of the Complaint. WHEREFORE, Defendants Dennis A. Town and Wendy L. Town pray this Honorable Court dismiss the lawsuit filed by Plaintiff against them. NEW MATTER 8. Paragraphs 1 though 7 are hereby incorporated by reference. 9. Defendants have been pursing modification of their home mortgage through the Home Affordable Modification Program (HAMP) offered by the federal Making Home Affordable (MHA) program. Plaintiff s debt collection agency, Ocwen, is listed as a HAMP and FHA- HAMP participating mortgage company. Paragraphs 10 through 45 detail the HAMP negotiating process between Plaintiff and Defendants. 10. On or about December 15, 2011, an Ocwen account representative called Defendants to inquire about when the December mortgage payment would be made. Wendy Town informed Ocwen that Defendants had mailed a check one week prior and offered to send another. The Ocwen representative replied, "We can't accept one payment anymore; you must make all back payments", or words to that effect, and suggested that Defendants apply for modification of their mortgage via HAMP. 11. On or about January 2, 2012, Defendants received a blank HAMP application form that had been mailed by Ocwen with a cover letter dated December 28, 2011. 12. On January 11, 2012, Defendants submitted the initial RAMP application paperwork to Ocwen, 13. On or about January 15, 2012, Defendants received a duplicate blank HAMP application form via mail from Ocwen with a cover letter dated January 12, 2012. 14. On January 15, 2012, Defendants received a letter from Ocwen acknowledging receipt of Defendants' HAMP application, and requesting Defendants submit a completed Dodd- Frank certification form by January 25, 2012. 15. On January 23, 2012, Defendants mailed to Ocwen a completed Dodd-Frank certification form. At about this time, Ocwen initiated teleconferences with Defendants, to be scheduled roughly every 10 days per Ocwen's schedule. Subsequent document submissions by Defendants were made primarily as a result of these teleconferences. 16. On February 8, 2012, the original mortgagee, CIT Group/Consumer Finance, Inc., assigned Defendants' mortgage to Plaintiff. 17. On February 10, 2012, Defendants faxed the following documents to Ocwen: (1) completed Form 4506T request for tax return transcripts; and (2) two bank statements. 18. On or about February 16, 2012, Defendants received a letter from Ocwen dated February 16, 2012, stating that their RAMP application was incomplete because the following documentation was needed: (1) Profit and Loss Statement for business; (2) property lease agreement for the investment property owned by Defendants; and (3) two bank statements showing receipt of rental income. The letter stated that the due date for submission was the "due date given in the initial notification", which had been January 25, 2012. 19. On February 20, 2012, Wendy Town sent an email message to Ocwen requesting confirmation of receipt of HAMP application paperwork. 20. On or about February 23, 2012, Defendants received a letter from Ocwen dated February 23, 2012, entitled "Final Notice" and stating that (1) 30 days had passed since Ocwen initially requested Defendants complete their RAMP application; and (2) Defendants' application would be denied if the application were not completed. 21. On February 23, 2012, Defendants faxed the following information to Ocwen: (1) Profit and Loss Statement for business; and (2) Lease agreement for the investment property owned by Defendants. 22. On February 24, 2012, Wendy Town sent an email message to Ocwen clarifying two items on Defendants' income statement. 23. On February 28, 2012, Ocwen mailed a letter to Defendants stating that Defendants' HAMP application was not complete because Defendants' Profit and Loss Statement for business was not legible and/or was not provided in authorized format. The authorized format for Ocwen profit and loss statements was not previously provided in any written instruction or telephone conference. Ocwen provided a due date for submission of the revised profit and loss statement of March 9, 2012. 24. On February 29, 2012, Ocwen mailed a request to Defendants that was identical to the correspondence mailed on February 28, 2012. 25. On March 2, 2012, Wendy Town sent an email message to Ocwen asking for confirmation of receipt of documents provided pursuant to request letters sent by Ocwen to Defendants on February 16 and 23, 2012. 26. On March 8, 2012, Defendants faxed to Ocwen a revised copy of Defendants' profit and loss statement for business, as requested in Ocwen's February 28 letter. 27. On March 15, 2012, Defendants participated in a scheduled phone conference with Ocwen, during which Ocwen requested a copy of Fourth Quarter 2011 profit and loss statement. 28. On March 16, 2012, Defendants mailed to Ocwen a copy of Defendants' Fourth Quarter 2011 profit and loss statement. In addition, Defendants faxed to Ocwen a copy of Defendants' Gross income statement for business. 29. On March 16, 2012, Defendants were served with Plaintiffs Complaint for foreclosure of Defendants' mortgage. Later that day, Wendy Town sent an email message to Ocwen stating that Defendants had just been served with Plaintiff's Complaint, and requesting clarification of the status of Defendant's HAMP modification application. Wendy Town also called Ocwen and spoke to Ms. Diana Gru, who informed Defendants, "Don't worry about it [the complaint]; there's no sheriff's sale scheduled and there will be no foreclosure as long as the [RAMP] paperwork is filed in a timely manner." 30. On March 19, 2012, during the scheduled HAMP teleconference with Defendants, the Ocwen Relationship Manager for Defendant's HAMP application (Ramji) made the same statement as Ms. Gru had made on March 16. 31. On March 20, 2012, Defendants faxed to Ocwen a completed copy of Defendants' Fourth Quarter estimated income for business, signed by Defendants on March 17, 2012. 32. On April 2, 2012, Defendants mailed and faxed the following documents to Ocwen: (1) two profit and loss statements; and (2) a letter explaining changes, requested by Ocwen, that Defendants had made to the profit and loss statement. Defendants also separately faxed the following documents to Ocwen: (1) Additional copy of the Dodd-Frank certification form, signed January 11, 2012, that Defendants had previously mailed to Ocwen on January 23, 2012; (2) Corrected Profit and Loss statement for business; (3) MHA Program hardship affidavit; (4) Ocwen acknowledgement form; and (5) Ocwen financial form. 33. On April 3, 2012, Ocwen mailed a letter to Defendants requesting that Defendants submit a completed Non-Borrower Verification Form to Ocwen by April 13, 2012. 34. On April 10, 2012, Defendants mailed and faxed the following documents to Ocwen: (1) bank statements substantiating annuity deposits for February and March 2012; (2) letter stating that Defendants do not possess an award letter for the annuity because it was awarded 22 years ago; (3) letter stating that Dennis Town is a co-borrower and therefore not a non-borrower, and thus there were no non-borrowers involved in Defendants' RAMP application. 35. On April 10, 2012, Wendy Town wrote an email message to Ocwen (Ramji) asking why Defendant's mortgage was being foreclosed while Ocwen was working with Defendants to modify the mortgage. 36. On April 10, 2012, Ocwen (Ramji) advised Wendy Town to call Plaintiff's counsel to advise Plaintiff of Defendants' RAMP application. 37. On April 10, 2012, Wendy Town called Plaintiff's counsel and was advised that Plaintiff would continue to foreclose on Defendants' mortgage until the HAMP application was approved. 38. On April 10, 2012, Wendy Town sent an email to Ocwen (Ramji) requesting that Ocwen confirm its previous statements that Defendants; mortgage would not be foreclosed while Defendants were applying for a HAMP modification. 39. On April 14, 2012, Defendants received a letter from Ocwen dated April 4, 2012, that stated that Defendants' HAMP application was incomplete and requesting the following: "Please send us a written authorization to consider non-borrower income. The written authorization is needed for us to request the non-borrower's credit report to confirm occupancy in the property as outlined in the HAMP guidelines." The deadline for providing this document was stated as "by the date specified in the initial notification sent." The name of the Ocwen relationship manager assigned to Defendants' applicaiton was stated as "Vanshidhar L." 40. On April 15, 2012, Wendy Town sent an email message to Ocwen (Ramji) acknowledging receipt of Ocwen's April 4 letter, stating that there are no non-borrowers involved in Defendants' RAMP application, and advising that a letter stating the same would be mailed to Ocwen the following day. 41. On April 1. 6, 2012, Defendants mailed a letter to Ocwen stating that there were no non-borrowers on Defendants' HAMP application, as both Defendants were co-applicants and no other individuals were involved in the application. 42. On April 25, 2012, Wendy Town called the HAMP Solution Center (HSC) to elevate Defendants' HAMP application based on Plaintiffs violation of HAMP Handbook Section 3.1. The HSC representative (Kendall) stated (1) Defendants' HAMP application might have been delayed due to foreign investment involvement; and (2) Plaintiffs can bring foreclosure action while a HAMP application is outstanding, but cannot schedule a sheriff s sale of the property. 43. On April 27, 2012, Defendants and Ocwen held their weekly HAMP application teleconference. During the call, Ramji apologized for not having an answer regarding Defendants' HAMP application, did not request any more paperwork, asked Defendants to call Ocwen's customer service number on May 4, 2012 to learn of the outcome of the application, and informed Defendants that Ocwen would automatically nominate Defendants for an in-house modification in the event that Defendants' HAMP application is not approved. 44. On May 4, 2012, Wendy Town placed a phone call to Ocwen's application status line and received a message stating that (1) the Ocwen relationship manager for Defendants' HAMP application was now Angel Bonilla; and (2) Defendants' HAMP application "did not meet the guidelines", or words to that effect. 45. On May 4 and May 7, 2012, Wendy Town left telephone messages with Angel Bonilla to get clarification regarding what HAMP guidelines had not been met and to inquire about the in-house modification mentioned by R.amji during the April 27 teleconference, or any other options. To date, Mr. Bonilla has not returned either phone message. 46. To date, Plaintiff has not provided Defendants with a denial notice stating the reason for HAMP rejection, as required by HB Section 2.2 (p. 15), SD09-08. 47. The Frequently Asked Questions section of the Ocwen Loan Services, LLC, web page (www.ocwen.com), states the following policy regarding RAMP: "While we consider your request, we will not initiate a new foreclosure as long as we have received all required documents and you have met the eligibility requirements." 48. MHA has established the following policy for HAMP applications: "A servicer may not refer any loan to foreclosure or conduct a scheduled foreclosure sale unless and until at least one of the following circumstances exists: • The borrower is evaluated for HAMP and is determined to be ineligible for the program; or • The borrower is offered a TPP, but fails to make current trial period payments as set forth in Section 8.3; or • The servicer has established Right Party Contact, has sent at least two written requests asking the borrower to supply required information in accordance with Section 2.2.2, and has otherwise satisfied the Reasonable Effort solicitation standard, and the borrower failed to respond by the dates indicated in those requests; or • The servicer has satisfied the Reasonable Effort solicitation standard without establishing Right Party Contact; or . The borrower or co-borrower states he or she is not interested in pursuing a HAMP modification and such statement is reflected by the servicer in its servicing system and/or mortgage file." MHA Handbook, Section 3.1 (italics added). 49. MHA defines Right Party Contact as "Successful efforts by a servicer to communicate with the borrower or co-borrower about resolution of the delinquency." MHA Handbook, Section 2.2.2. 50. As detailed in Paragraphs 10-45, Defendants have never failed to timely respond to Plaintiff's requests for information in the manner in which Plaintiffs instructed Defendants. In addition, Defendants have never indicated that they are not interested in pursuing a HAMP modification. Therefore, Plaintiffs' complaint violates Section 3.1 of the MHA Handbook. WHEREFORE, based on a non-legal remedy having been made available by Plaintiff, Defendants' ongoing good faith effort to negotiate a modification via HAMP, Plaintiff's recent assignment of Defendants' mortgage, and Plaintiff's violation of MHA foreclosure stay policy, Defendants Dennis A. Town and Wendy L. Town pray this Honorable Court dismiss the lawsuit filed by Plaintiff against them, award Defendants costs and other relief as appropriate, and order Plaintiff to continue its mortgage modification negotiations in good faith with Defendants. Respectfully submitted, Date: May 7, 2012 Attorney for Defendants Dennis A. Town and Wendy L. Town James Proctor Law Office, LLC 1580 Carlisle Pike Suite 11 Carlisle, PA 17013 717.559.0123 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. Bank, National Association, as Trustee for C-BASS 2007-CB2 Trust, C- BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB2 Plaintiff V. MORTGAGE FORECLOSURE NO. 2012-1610 DENNIS A. TOWN, WENDY L. TOWN Defendants NOTICE TO PLEAD To: Plaintiff, U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR. C-BASS 2007- CB2 TRUST, C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-CB2 You are notified to Plead to the enclosed New Matter within twenty (20) days from the date of service, or a judgment may be entered against you. Date: May 7, 2012 Wendy Town VERIFICATION We, Dennis A. Town and Wendy L. Town, hereby verify that the statements made in the foregoing documents are true and correct to the best of our knowledge, information and belief. We understand that any false statements made herein are subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unworn falsificatii Date: May 7, 2012 WENDY L. OWN James Proctor Law Office, LLC 1580 Carlisle Pike Suite 11 Carlisle, PA 17013 717.559.0123 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. Bank, National Association, as Trustee for C-BASS 2007-CB2 Trust, C- BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB2 Plaintiff V. DENNIS A. TOWN, WENDY L. TOWN Defendants MORTGAGE FORECLOSURE NO. 2012-1610 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Answer and New Matter was served on Plaintiff's Counsel of Record this 7t' day of May 2012 by First Class mail, U.S. Postage Prepaid at the following address: Salvatore Carollo, Esquire Udren Law Offices, PC Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 IES L. PROCTOR, JR. ? ,rney for Defendants Dennis A. Wendy Town ; UDREN LAW OFFICES, P.C. AfNW Y FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 w , L 44, PAIGE M. BELLING, ESQUIRE - ID #309091 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 U.S. Bank, National Association, as Trustee for C-BASS 2007-CB2 Trust, C-BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB2 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Plaintiff V. Dennis A. Town, Wendy L. Town No.: 2012-1610 Defendants PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER 8. No response required. In any event and by way of further response, Plaintiff incorporates by reference its Complaint in Mortgage Foreclosure as though fully set forth herein at length. 9. Denied. By way of further response, Plaintiff did not offer the Defendants "the opportunity to remedy their alleged mortgage deficiency via modification of their loan pursuant to the federal Home Affordable Modification Program (HAMP)". Rather, Plaintiff offered Defendants the opportunity to be reviewed for a potential modification of their loan pursuant to HAMP. 10. Denied. This averment is denied as a conclusion of law to which no response is required. In any event and by way of further response, to the extent that Ocwen is servicer for an investor who is a participant in HAMP, all applicable HAMP guidelines are duly followed. 11. Admitted in part. Denied in part. It is admitted only that Defendants submitted documentation to the Plaintiff to be reviewed for a potential HAMP loan modification. The remaining averments are denied. By way of further response, Defendants' initial application was incomplete. Accordingly, Plaintiff sent letter correspondence to Defendants on or about April 13, 2012 and April 17, 2012 requesting further information. Upon further review, on or about April 30, 2012, Plaintiff sent letter correspondence to the Defendants indicating that they had been denied for a HAMP loan modification based on government guidelines. 12. Admitted in part. Denied in part. It is admitted only that, upon request, Defendants submitted additional documentation for Plaintiffs review. The remaining averments are denied. By way of further response, Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment that "Defendants have negotiated in good faith thereafter with Ocwen, participating in approximately 12 period teleconference meetings and responding in a timely manner to approximately 10 requests for additional information." As such, same is deemed denied. Additionally, Plaintiff incorporates by reference its response to paragraph 11 hereinabove as though fully set forth herein at length. 13. Denied. By way of further response, Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment that "Upon receiving Plaintiffs Complaint, Defendants contacted Ocwen by telephone on two occasions. On approximately March 16, 2012, Ocwen (Ms. Diana Gru) told Defendants, 'Don't worry about it [the complaint]; there's no sheriffs sale scheduled and there will be no foreclosure as long as the [HAMP] paperwork is filed in a timely manner[']. On approximately March 19, 2012, Defendants' current Ocwen Relationship Manager (Ramji) made the same statement as Ms. Gru had made." As such, same is deemed denied. 14. Denied. This averment is denied as a conclusion of law to which no response is required. 15. Denied. By way of further response, on or about April 30, 2012, Plaintiff sent letter correspondence to Defendants informing them that they had been denied for a HAMP loan modification based on government guidelines. Additionally, Plaintiff incorporates by reference its response to paragraph 11 hereinabove as though fully set forth herein at length. 16. Admitted in part. Denied in part. It is admitted only that Plaintiff reviewed Defendants for a HAMP loan modification and that Defendants submitted additional documentation to Plaintiff in or around April 2012. The remaining averments are denied. Specifically, it is denied that "Ocwen's most recent request for information was made to Defendants on April 13, 2012." Additionally, the averment that "[t]he offer of HAMP modification by Plaintiff, and Defendants' ongoing good faith effort, constitutes an equitable accord and satisfaction of the alleged mortgage note deficiency, thus enjoining Plaintiff from taking subject foreclosure action against Defendant" is denied as a conclusion of law to which no response is required. Finally, Plaintiff incorporates by reference its response to paragraphs 11 and 15 hereinabove as though fully set forth herein at length. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny and dismiss, with prejudice, Defendants' New Matter, and award judgment in Plaintiff s favor as prayed for in its Complaint. .C. ,, UDREN LAW OFFICEiouli By: ? PAI GE Mr BELLIN , E Attorney,for Plaintiff PAM M. BELUNO, ESQUIRL Pk-10 309091 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 PAIGE M. BELLING, ESQUIRE - ID #309091 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 U.S. Bank, National Association, as Trustee :COURT OF COMMON PLEAS for C-BASS 2007-CB2 Trust, C-BASS CIVIL DIVISION Mortgage Loan Asset-Backed Certificates, € Cumberland County Series 2007-CB2 Plaintiff V. Dennis A. Town € No.: 2012-1610 Wendy L. Town Defendants CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of Plaintiffs Reply to New Matter was served upon the following person named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Certified Mail Date Served: May Other (certificate of mailing) _'2? , 2012 TO: James L. Proctor, Jr., Esquire James Proctor Law Office, LLC 1580 Ritner Highway, Suite 11 Carlisle, PA 17013 Attorney for Defendants UDREN LAW OFFICES, P.C. By: PA PAIGE BELLIN SQUIRE Attorney for Plaintiff PAIGE M. SEU.INO, ESQUIRE PA ID 309091 FE.-NINSl'L James Proctor Law Office, LLC 1580 Carlisle Pike Suite 11 Carlisle, PA 17013 717.559.0123 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. Bank, National Association, as Trustee for C-BASS 2007-CB2 Trust, C- BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB2 Plaintiff V. MORTGAGE FORECLOSURE NO. 2012-1610 DENNIS A. TOWN, WENDY L. TOWN Defendants MOTION FOR JUDGMENT ON THE PLEADINGS AND NOW come the Defendants, Dennis A. Town and Wendy L. Town, by and through their legal counsel, James L. Proctor, Jr., Esquire, and file the within Motion for Judgment on the Pleadings, setting forth as follows: 1. Plaintiff commenced this action with a Complaint filed against Defendants, Dennis A. Town and Wendy L. Town, on March 16, 2012, seeking to foreclose the mortgage it claimed to hold for property located at 4928 Simpson Ferry Road in Mechanicsburg, Pennsylvania. Plaintiff subsequently followed up on the Complaint by filing a ten-day notice on April 6, 2012. 2. Defendants retained counsel on April 13, 2012, to represent them in this matter. After unsuccessfully attempting to reach concurrence with Plaintiffs regarding an extension of time to file a responsive pleading, counsel for Defendants filed an Entry of Appearance, Motion to Extend Time, and Answer and New Matter on April 16, 2012. 3. On April 20, 2012, the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Division, granted Defendants' Motion to Extend Time and directed Defendants to file their answer by May 7, 2012. Defendants subsequently filed an Amended Answer and New Matter on May 7, 2012, which was received by Plaintiff via certified mail on May 10, 2012. 4. Plaintiffs filed a Reply to Defendants' New Matter on May 8, 2012, which was received by counsel for Defendants via regular first class mail on May 11, 2012. 5. The pleadings are closed and time exists within which to dispose of this motion so as not to delay further proceedings. RESPONSIVE PLEADINGS TO FORECLOSURE CLAIM 6. Plaintiff hereby incorporates Paragraphs 1 through 5 above as if the same were fully set forth herein at length. 7. There are no genuine issues of material fact to be tried regarding Defendants' application for modification of their residential mortgage under the Home Affordable Modification Program (HAMP). The denials stated in Plaintiff's reply to Defendant's Answer and New Matter are discussed and disposed in Paragraphs 8 through 14 below. In addition, Plaintiff did not file a responsive pleading to Defendants' Amended Answer and New Matter within 20 days of service, despite being given Notice to Plead in accordance with Pa.R.C.P. 1026(a). Therefore, all claims made by Defendants in its Amended New Matter should be considered admitted by Plaintiff. 8. Paragraph 9 of Plaintiffs reply attempts to distinguish "opportunity to remedy" a mortgage deficiency from "opportunity to be reviewed" for a home mortgage modification. Given that the Making Home Affordable (MHA) Program, of which HAMP is a part, is "a plan to stabilize the housing market and help struggling homeowners get relief and avoid foreclosure" (MHA Handbook, Foreword), and that successful modification of Defendants' home mortgage would remedy their current home mortgage deficiency and thus provide relief, the "opportunity to be reviewed" for a home mortgage deficiency represents an "opportunity to remedy" the deficiency. Therefore, Plaintiff in its reply admitted the claims made by Defendants in Paragraph 9 of Defendants' Answer and New Matter. 9. Paragraph 10 of Plaintiff s reply erroneously categorized Defendants' claim that Ocwen is a HAMP participating agency as a "conclusion of law". The MHA web page listing Ocwen as a participating agency and the web page to which the Ocwen hyperlink on the MHA page is connected, are attached as Exhibit 1. Therefore, because the issue of whether Ocwen is a HAMP participant is fact rather than law, and Plaintiff failed to deny this fact, Plaintiff in its reply admitted the claims made by Defendants in Paragraph 10 of Defendants' Answer and New Matter. 10. Defendants stipulate to Paragraph 11 of Plaintiff s reply that Defendants' initial application was incomplete because Ocwen had yet to request the information not provided at the time Defendants submitted their initial application. In addition, Defendants admit that Ocwen requested additional information from Defendants on or about April 13, 2012 and April 17, 2012, which Defendant timely submitted. Plaintiff's comments in its reply regarding Ocwen's rejection letter are immaterial to the claims made by Defendants in Paragraph 11 of Defendants' Answer and New Matter. 11. Plaintiff denied parts of Paragraphs 12 and 13 of Defendants Answer and New Matter due to Plaintiff s being "without knowledge or information sufficient to form a belief as to the truth or falsity of the averment[s]." Pennsylvania requires a reasonable investigation by a party prior to accepting as a denial a parry's claim of insufficient knowledge or information. Pa.R.C.P. 1029(c). Because Plaintiff could easily have queried its loan servicer, Ocwen, as to the truth of these claims, but failed to do so, Plaintiff in its reply admitted the entirety of claims made by Defendants in Paragraphs 12 and 13 of Defendants' Answer and New Matter. 12. Paragraph 14 of Plaintiff s reply erroneously categorized Defendants' claim that HAMP guidelines state "banks will not take foreclosure action against mortgagors whose HUMP applications have not been denied" as a "conclusion of law". Paragraph 3. 1.1 of the MHA Handbook, attached as Exhibit 2, states the MHA guidelines regarding foreclosure of mortgages for which HAMP applications are outstanding. Therefore, because the issue of HAMP guidelines is fact rather than law, and Plaintiff failed to deny this fact, Plaintiff in its reply admitted' Paragraph 14 of Defendants' Answer and New Matter. 13. Defendants stipulate to Plaintiffs claims in Paragraph 15 of Plaintiffs reply. The HAMP denial letter was dated April 30, 2011, but received by Defendants on May 11, 2012, so the relevant claims in both Defendants' Answer and New Matter and Plaintiff s reply were correct at the time they were made. 14. Paragraph 16 of Plaintiff's reply denies Defendants' statement that "Ocwen's most recent request for information was made to Defendants on April 13, 2012." However, Plaintiff also states in Paragraph 11 of its reply "Plaintiff sent letter correspondence to Defendants on or about April 13, 2012 and April 17, 2012 requesting further information." Therefore, because Defendants filed their Answer and New Matter on April 16, 2012, Plaintiff admitted in Paragraph 11 of its reply that Defendant's statement regarding the timing of Ocwen's most recent request was true when made. In addition, Defendants' claim of equitable accord and satisfaction is stated in Defendants' Answer and New Matter as an equitable defense rather than a conclusion of law as Plaintiff erroneously claimed. ANALYSIS 15. Cumberland County has implemented a Mortgage Foreclosure Diversion Program, which mandates a stay of foreclosure complaints filed on or after April 1, 2012, "... in order to afford the defendant/borrower an opportunity to qualify for participation in a court- supervised Conciliation Conference ... to discuss and explore all available resolution options . . ." (42 Pa.B. 1662). During this diversion process, a defendant is provided the opportunity to retain legal representation at no cost. Id. 16. Plaintiff commenced foreclosure against Defendants prior to submitting a HAMP rejection letter to Defendants (Pl. Reply to Def. Answer and New Matter, Paragraph 11) and without satisfying any of the other prerequisite grounds stated in Section 3.1 of the MHA Handbook. Therefore, Plaintiff s Complaint was filed in violation of the guidelines Plaintiff was obligated to follow as a HAMP participant. 17. Defendants have negotiated for the modification of their home mortgage in good faith with Plaintiff and continue to do so, providing all information in a timely manner when requested and participating in every conference scheduled by Plaintiffs loan servicer. Therefore, had Plaintiffs followed HAW guidelines and commenced foreclosure after April 1, 2012, Defendants would have been ideal candidates for the Cumberland County Mortgage Foreclosure Diversion Program. 18. Plaintiff's violation of HAMP guidelines has denied Defendants of the no-cost legal counsel offered within the Cumberland County Mortgage Foreclosure Diversion Program, forcing Defendants to incur legal costs and fees which otherwise would have been unnecessary to date. 19. Defendants are entitled to judgment on the pleadings pursuant to Pa.R.C.P. 1034. WHEREFORE, Defendants Dennis A. Town and Wendy L. Town respectfully request that this Honorable Court enter judgment in favor of Defendants and against Plaintiffs, U.S. Bank and Ocwen Loan Services, in the form of dismissal of Plaintiff s Complaint and the award to Defendants of all costs and fees incurred by Defendants in defending against said Complaint. Respectfully submitted, Date: June 6, 2012 L. PROCTOR. JR. rney for Defendants Dennis A. Wendy Town Contact Your Mortgage Company Search An offlclal pogram of the Departments of the Treasury & Housing and Urban Development 6/6/12 12:05 PM Home a Get Started* Contact Your Mortgage company ',Allvit to Expect Contact Your Mortgage Company What You VViil Neeci Over one hundred mortgage companies have agreed to participate in the Home Affordable Modification Program' `, (HAMP s"). Below is a Finding the Right Program list of companies who are participating and the contact information for submitting an application. In addition, all mortgage companies with loans owned by Fannie Mae and Freddie Mac are required to participate. Visit the Loan Look Up to determine if your loan is held by Fannie Hcus ng Expert Speak w t a Mae or Freddie Mac. Contact Your Mortgage If you have additional questions about the program, please call the Homeowner's HOPE T" Hotline at 1-888-995-HOPE (4673). If you need Company help working with your mortgage company, or believe that you have been wrongfully denied for a modification, please call the hotline and ask for "MHA Help". Request a Modificatin Helpful Links • Understanding Your Mortgage Statement Mortgage Servicers A B C D E F G H I I X. L M N O P Q R S T U V W ;; Y Naan,,e Phone Address Partici izaing Programs Ocwen Financial Corporation, Inc. ?I(;, f F ?.. ,. F: C. rt - F: P OneWestBank 1aC- 0 r E? e :z F ---S 53 HA'v P ORPdL Federal Credit Union hC '? =>28 1 r .sr i'=''*VP R. We will continue to update this list as additional servicers execute formal participation agreements. ti your servicer is not listed, please bookmark this page and check back with us soon. In the interim, you can locate your servicer by reviewing the information on your monthly mortgage statement or find a list of servicers on the Hope Now Alliance website. Making Home Affordable Psrdrarps6ng PfuWarns • The Home Affordable Modification Program (HAMP) includes the Unemployment Program, Principal RF,dacton Alternative and the Home Affordable Foreclosure Altematives Program • Second Lien Modification Program (2MP) • Home Affordable Modification Program for Federal Housing Administration Loans (FHA-HAMP) • Second Lien Modificatior. Program for Federal Housing Administration, Loans (FHA-21-P) • Home Affordable Modification Program for Rural Development Loans (RD-HAMP) SHAKE K` Last Updated 513112012 1:15 PM ?rr-asury.gov Related Sites Other Useful Sites • ?+?? http://www.makinghomeaffordable.gov/get-started/contact-mortgage/Pages/default.aspx Page 1 of 2 EXHIBIT 1 **Ocwen** 0 O wen Loan Servicing 11 "I , N ?serID Password, , .. ..?..?. You may be able to lower your monthly payments and benefit from Home Affordable Modification program. .?. apt hr.. sw•o?_r ,.. ?s?r iL. `If?t'6 [; ilk^,. r)rsF£'?i'S https://www.ocwencustomers.com/oc/homejsp 6/6/12 12:06 PM Page 1 of 1 EXFIIBTT 1 s US Treasury - MHA Program You are viewing: 3.1.1: Certain Circumstances # Previous I Next ? ®Retum to Normal View Reference =%zz==L 6/6/12 1:13 PM Making Home Affordable Program E-mail Text Chapter II: Home Affordable Modification Program (RAMP) (12/15/11) 3: Protections Against Unnecessary Foreclosure 3.1: Suspension of a Referral to Foreclosure 3.1.1: Certain Circumstances 3.1.1: Certain Circumstances A servicer may not refer any loan to foreclosure or conduct a scheduled foreclosure sale unless and until at least one of the following circumstances exists: • The borrower is evaluated for HAMP and is determined to be ineligible for the program; or • The borrower is offered a TPP, but fails to make current trial period payments as set forth in ection 8.3; or • The servicer has established Right Party Contact, has sent at least two written requests asking the borrower to supply required information in accordance with Section 2.2.2, and has otherwise satisfied the Reasonable Effort solicitation standard, and the borrower failed to respond by the dates indicated in those requests; or • The servicer has satisfied the Reasonable Effort solicitation standard without establishing Right Party Contact; or • The borrower or co-borrower states he or she is not interested in pursuing a HAMP modification and such statement is reflected by the servicer in its servicing system and/or mortgage file; or • The servicer has resolved the Escalated Case in accordance with Section 3.3 of Chapter I; or • The remaining non-borrower occupant was unable to assume the note and re-apply for HAMP during the period provided for by the servicer pursuant to Section 8.9.2. http://www.allregs.com/tpl/Main.aspx Page I of 1 EXE8rr 2 VERIFICATION I, James L. Proctor, Jr., hereby verify that the statements made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unworn falsification to authorities. Date: June 6, 2012 S L. PROCTOR, JR. James Proctor Law Office, LLC 1580 Carlisle Pike Suite 11 Carlisle, PA 17013 717.559.0123 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. Bank, National Association, as Trustee for C-BASS 2007-CB2 Trust, C- BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB2 . MORTGAGE FORECLOSURE Plaintiff V. NO. 2012-1610 DENNIS A. TOWN, WENDY L. TOWN Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Answer and New Matter was served on Plaintiffs Counsel of Record this 6t' day of June 2012 by First Class mail, U.S. Postage Prepaid at the following address: Paige M. Bellino, Esquire Udren Law Offices, PC Woodcrest Corporate Center 11 l Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 a A 0 A S L. PROCTOR, JR. 1tt ey for Defendants Dennis own endy Town 0?? PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for th ext `ri Argument Court.) ..? CAPTION OF CASE (entire caption must be stated in full) 2 NV U.S. Bank, National Association, as Trustee for C-BASS 2007-CB2 Trust, C-BASS Mo a% ' Loan Asset-Backed Certificates, Series 2007-CB2 Plaintiff z vs 3 . t Dennis A. Town, Wendy L. Town ,.t Defendants No. 2012-1610 Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Motion for Judgment on the Pleadings 2. Identify all counsel who will argue cases: (a) for plaintiffs: Paige M. Bellino, Udren Law Offices, PC (Name and Address) 111 Woodcrest Road, Suite 200, Cherry Hill, NJ 08003-3620 (b) for defendants: James L. Proctor, Jr., James Proctor Law Office, LLC (Name and Address) 1580 Ritner Hwy., Suite 11, Carlisle, PA 17013 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: June 26, 2012 Print your name Defendants Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonoary) before argument 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument Is continued new briefs must be tiled with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relieted. 01?? $\q.j* Qt` Cti 10(7 a-rip IS ~~ • •+~ ~~~ ~~iIYV ~~~t~r 111 AUG 30 QM g: ~p CtJ ~~~VA}~ ~~i'Y James Proctor Law Office, LLC 1580 Carlisle Ppce Suite 11 Caftlsfe, PA 17013 717.559.0123 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION U.S. Bank, National Association, as Trustee for C-BASS 2007-~CB2 Trust, C- BASS Mortgage Loan Asset-Backed CertiFicates, Seriea 2807-CB2 MORTGAGE FORECLOSURE Plaintiff v. N0.2012-1610 DENNIS A. TOWN, WENDY L. TOWN Defendants ORDER AND NOW, this ZS~ day of _L4v ~ 20 ~~-, upon consideration of Defendants' Motion for Continuance, it is hereby ORDERED and DECREED that the above referenced matter will be scheduled for Ocis b•r 5' , 20 1 Z- ~" BY THE COURT: J. PARTIES TO BE NOTIFIED UPON ENTRY OF ORDER: FOR PLAINTIFF U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR C-BASS 2007-CB2 TRUST, C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-CB2: Katherine Knowlton, Esquire Udren Law Offices, PC Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 09003-3620 FOR DEFENDANTS DENNIS A. TOWN AND WENDY L. TOWN: / James L. Proctor, Jr., Esquire James Proctor Law Office, LLC 1580 Ritner Highway, Suite 11 Cazlisle, PA 17013 o ~~ ~LG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY U.S. Bank, National Association, as Trustee for C-BASS 2007-CB2 Trust, C-BASS MortgagejLoan Asset-Backed Certificates, Series 2007-CB2 Plaintiff DENNIS A. TOWN, WENDY L. TOWN COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 2012-1610 Defendant(s) C? cm? rn Co cn - - W r a ) C-) ; C: ) ? _ C) -? c? -? M 4INT STIPULATION TO DISCONTINUE CASE WITHOUT PREJUDICE AND WITHDRAW MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiff, U.S. Bank, National Association, as Trustee for C-BASS 2007-CB2 Trust, C-BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB2, by its Attorney, Katherine E. Knowlton, Esquire, and Dennis A. Town and Wendy L. Town, by their Attorney, James L. Proctor, Jr., Esquire, hereby jointly agree and stipulate as follows: Plaintiff and Defendants have amicably resolved the instant Action in Mortgage Foreclosure through a loan modification; 2. Defendants' Motion for Judgment on the Pleadings is hereby withdrawn; and 3. The instant Action in Mortgage Foreclosure is hereby discontinued without prejudice. UDREN LAW OFFICES, P.C. By: Katherine E. Knowlton, Esquire Attorney! for Plaintiff JAMES PROCTOR LAW OFFICE, LLC By: Proctor, Jr., Esquire for Defendants )2,0i 000 -`f 14 i; e bl:z9lI Z_ UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 KATHERINE KNOWLTON, ESQUIRE - ID #311713 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-400 pleadin (audren.com U.S. Bank, National Association, as Trustee for C- € COURT OF COMMON PLEAS BASS 2007-CB2 Trust, C-BASS Mortgage Loan € CIVIL DIVISION Asset-Botcked Certificates, Series 2007-CB2 CUMBERLAND COUNTY V. Dennis A. Town = NO. 2012-1610 Wendy L. Town Defendants CERTIFICATE OF SERVICE I, Katherine Knowlton, Esquire hereby certify that I served true and correct copies of the Joint Stipulation to Discontinue Case Without Prejudice and Withdraw Motion for Judgment on the Pleadings and this Certificate of Service upon the following person(s) named herein, at their last known address or their attorney of record on this date of September 5, 2012 by regular, first class mail. TO: James L. Proctor, Jr., Esquire Jmes Proctor Law Office, LLC 1,580 Ritner Highway, Suite 11 Carlisle, PA 17013 Attorney for Defendants UDREN LAW OFFICES, P.C. BY: KATHERINE KNOWLTON, ESQUIRE Attorney for Plaintiff