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Home My WebLink About12-2947 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. BELLING, 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 Pleadings( udren.com U.S. Bank National Association, as Trustee, for the C-BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB3 C/O Ocwen Loan Servicing, LLC 1661 Worthington Road #100 West Palm Beach, FL 33409 Plaintiff V. REX A. CIUFFO 127 MARION AVE CARLISLE, PA 17013 WENDY S. CIUFFO 127 MARION AVE CARLISLE, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF 77 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. a`aq(o civt I COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. O are,,} %ID3.?? a? "a -2.5 687 I 11w THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las 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 of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the entity designated in the caption on a preceding page. Plaintiff is the legal holder of the Mortgage that is the subject of this Action. Plaintiff is either the current mortgagee of record, is the legal holder of the Mortgage by virtue of being successor in interest to the current mortgagee of record, or is the legal holder of the Mortgage by virtue of Assignment of Mortgage. If Plaintiff is the legal holder of the Mortgage by virtue of Assignment of Mortgage, it is by the following Assignments of Mortgage, all of which have either been recorded or Plaintiff is in the process of formalizing the actual Assignment of Mortgage in Plaintiff s favor: Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for New Century Mortgage Corporation Assignee: U.S. Bank National Association, as Trustee, for the C-BASS Mortgage Loan Asset- Backed Certificates, Series 2007-CB3 Date of Assignment: 12/13/2010 Recorded Date: 02/10/2011 Book/Instrument #: Document Number:201105046 Page: NA 2. Upon information and belief Defendant(s) and/or their predecessor: Wendy S. Ciuffo & Rex A. Ciuffo (hereinafter "Defendants"), are the owners of property located at 127 Marion Ave, Carlisle, PA 17013, by virtue of Deed dated 06/25/2004 and recorded 07/20/2004 in Official Records Book 264 at Page 1266 of the Public Records of Cumberland County, Pennsylvania (hereinafter the "Property") 3. On 09/25/2006, Defendant(s) and/or their predecessor: WENDY S. CIUFFO REX A. CIUFFO promised to pay to the order of New Century Mortgage Corporation, the principal sum of $ 114,900.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 09/25/2006, Defendant(s) and/or their predecessor: WENDY S. CIUFFO REX A. CIUFFO to secure the Note, mortgaged to Mortgage Electronic Registration Systems, Inc., as nominee for New Century Mortgage Corporation , the Property which is the subject of this action. The Mortgage was recorded on 10/09/2006 in Official Records Book 1968 at Page 4255. Said Mortgage is incorporated herein by referenced in accordance with Pa.R.C.P 1019(g). A legal description of the mortgage premises is attached hereto and made a part hereof. 5. Said mortgage is in default in that the payment due 11/01/2011, and all subsequent payments have not been made, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with the other charges authorized by said Mortgage and itemized below, shall be immediately due. 6. After demand, the Defendant(s) continues to fail or refused to comply with the terms of the Mortgage as follows: (a) By failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) By failing or refusing to pay other charges, if any, indicated below. The following amounts are due on the said Mortgage or modification agreement as of the date stated below Unpaid Principal Balance Accumulated Interest Accumulated Late Charges Escrow Deficit/(Reserve) Title Report Attorney Fees Other Suspense Balance Prior Servicer Fees Property Inspection Property Valuation Grand Total The above figures are calculated as of 04/04/2012: $121,452.01 $6,356.56 $212.12 $1,394.90 $300.00 $1,300.00 $-55.01 $46.97 $21.00 $292.00 $131,320.55 The interest rate is subject to adjustment if more fully described as such in the note and mortgage. The interest rate on the subject note is at 10.30000 %. The per diem interest accruing on this debt is $34.72 and that sum should be added each day after the above date. The late charge is subject to adjustment if more fully described as such in the note and mortgage. The late charge rate on the subject note should be added in accordance to the terms of the note and mortgage charged monthly at $53.03. 7. Breach letters have been sent to Defendant(s) in accordance with the requirements of the subject mortgage and/or The Pennsylvania Act 6 of 1974 of the Commonwealth of Pennsylvania and, if applicable, Act 91 of 1983. Copies of the breach letters are attached hereto as Exhibit "A". WHEREFORE, the Plaintiff demands judgment, in rein, against the Defendant(s) herein in the sum of $131,320.55 plus ongoing interest, costs and attorneys fees and for sale of the Mortgaged premises. UDREN AW OFFIS, P ?'? BY:? V IGE M. SELLINO, ESQUIRE PA ID 309091 46. VERIFICATION The undersigned states that he/( Deis 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:_ 5 Z 1 2 Name: Tanisla A. Spaulding Title: Contract Management Coordinator Company: U.S. Bank National Association, as Trustee, for the C-BASS Mortgage Loan Asset- Backed Certificates, Series 2007-CB3 by its Attorney in fact, Oewen Loan Servicing LLC MJU #: 12030446 CASE #: 12030446-1 ' 1 ! All that certain parcel of land and improvements therein situate in the Township of North Middleton, County of Cumberland, and Commonwealth of Pennsylvania, and designated as Parcel No. 29-16-1094-232 and more fully described in a Deed dated June 25, 2004 and recorded July 20, 2004 in Cumberland County in Deed Book 264, Page 1266, granted and conveyed unto Rex A. Ciuffo and Wendy S. Ciuffo, husband and wife. THIS conveyance is made subject to the following restrictions: 1. All lots shall be used for residential purposes only. 2. No dwelling shall be erected upon a lot which cost less than $8,000.00 based upon costs of material and labor as of November, 1954. 3. No livestock of any kind, cattle, sheep, hogs, goats or horses and no poultry of any kind shall be kept upon theses lots, except chickens not exceeding 75 in number at any time. Chickens must be kept in such a manner as not to annoy adjacent owners or occupiers of lots. 4. No breeding or training kennels for dogs shall be kept or maintained upon these tots. 5. Residence within a garage or outbuilding upon these lots is prohibited. 6. No temporary living structure, including trailers, shall be built or maintained on these lots. 7. No advertising or display sign or signs shall be erected or maintained on these lots. I Certify this to be recorded in Cumberland County PA Or <44 ra J O T • Recorder of Deeds (M0006-00537.PFD/M0006-00537/34) 'OU OnI968PG4276 (7c-tven Loan Servicing. LLC 0, P.O. Box 24737 West Palm Beach. !'lvrida 33416-4737 November 30. 2011 O C W E N (Do not send correspondence or pgvments to the above address.) VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515147060213 Reference Code: 1109 Res Ciuffo 127 Marion Ave Carlisle. PA 17013 Loan Number: 7090477022 Property Address: 127 Marion Ave, Carlisle, PA 1 70 13-0000 PLEASE SEE THE ENCLOSED DOCUMENT QACT91.11 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 NML S # 1852 Oclven Loan Servicing. LL( November 30, 2011 P. O. Box 24737 - ll'est Palm Beach. 17or ida 33.116-47,37 O C W E N (Do not send correspondence or• payments to the above address.) t ' V' ? .+ )CWENJ,OM APPENDIX A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home., This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the, Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies servingyour County are listed at the end of this Notice If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at (800) 342-2397 (Persons with impaired hearing can call (717) 780-1869) This Notice contains important legal information If you have any questions, representatives at the Consumer Credit. Counseling Agency may be able to help explain it You may also want to contact an attorney in your area The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL 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 P:RESTAMO 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): Rex Ciuffo PROPERTY ADDRESS: 127 Marion Ave Carlisle. PA 17013-0000 LOAN ACCT. NO.: 7090477022 ORIGINAL LENDER: CURRENT LENDER/SERVICER: OCWEN DACT91.21 This communication is f'om 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, .37 a ................. °. 61 est Palm Beach, Florida 33416-4"3? O C W E N (Do not send correspondence or payments to the above address.) 4VNN ?N`_(_)C\-\'EN.C 0M HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAN' BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOUHAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FO RECLOSURE --Under the Act, you a re entitled to a temporary stay of foreclosure on, your mortgage for thirty (30) d ays from the date of this Notice Duri ng that time you must arran ge and attend a "face- to-face" meeting with one of th e consumer credit counseling agencies listed at the end of this Not ice THIS MEETING MUST OCCUR WITHIN TH E NEXT QQ) DAYS. IF YOU DO N OT APPLY FOR EMERG ENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE- CALLED"HOW TO CURE Y OUR 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 rill 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 MIST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). DACT91.21 This communication is from a debt collector attempting to collect a debt: any information obtained will be itsed.for that purpose. However. if the debt is in active bankruptcy or has been discharged through bankr•trptct;, this communication is not intended as and does not constitute an attempt to collect a debt NMLS # 1852 Ocwen Loan Servicing, LL( P.O. Box 24737 ..................... (test Palm Beach. I,lorida 33316-4737 O G W E N (Do not send correspondence or pgvinents to the above address.) VIVAN A+ OCwN1_N.COR1 NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 127 Marion Ave, Carlisle, PA 17013-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 2 payments in the amount of $ 1,294.99 from October 01, 2011 through November 30, 2011 DETAIL SUMMARY : Principal and Interest ................................. $ 2,121.22 Interest Arrearage ..................................... $ 0.00 Escrow .................................................. $ 468.76 Late Charges ........................................... $ 53.03 Insufficient Funds Charges ........................... $ 0.00 Fees - Expenses......... ? ............................. $ 46.97 Suspense Balance (CREDIT) ........................ $ 0.00 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 2,689.98 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 $2,689.98, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either by Monev Gram, Cashier's Check, Certified Check or Monev Order made ayable 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 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) DAN' 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 byp awing the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any. other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. DACT91.21 This communication is from a debt collector attempting to collect a debt: any information obtained wit/ 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 OClven Loan Servicing. LLC P.O. Box 24'3' P est Palm Beach, Florida 33416-4'37 O C W E N (Do not send correspondence or payments to the above address.) VAN N .0( \NN EN,CQ41 EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the servicer. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 33416-4737 Phone Number: 800-310-9229 Fax Number: 407-737-6300 Contact: Early Intervention Dept EFFECT OF SHERIFF'S SALE -- You should realize that a 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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR PEAR.) 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 DACT91.11 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 Ocwven Loan Servicing. LLC P.O. Box / 37 ........... West Palm Beach. Florida 3 O C W E N (Do not send correspondence November 30. 2011 3416-4'77 or payments to the above address.) VN' W ?N,QCW EN.CQM VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515147060206 Reference Code: 1109 Wendy Ciuffo 127 Marion .Ave Carlisle. PA 17013-0000 Loan Number: 7090477022 Property Address: 127 Marion Ave, Carlisle, PA 17013-0000 PLEASE SEE THE ENCLOSED DOCUMENT UACr9L2t This communication is f•om 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 NML S # 1852 .......... ... Oeiven Loan Servicing. LL( P.O. Box 24737 33416-4737 61-est Pulm Beach. Hlorida O C W E N (Do not send correspondent November 30. 2011 e or paYments to the above address.) APPENDIX A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home., This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTI' (30) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the, Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at (800) 342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information If you have any questions, representatives at the Consumer Credit. Counseling Agency maybe able to help explain it You may also want to contact an attorney in your area The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Wendy Ciuffo 127 Marion Ave Carlisle, PA 17013-0000 7090477022 OCWEN vACT91.21 This communication is fii-om 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 Oc-vven Loan Sei-Ocing, I,I,C P.O_ Box 24.3 61 esi Palm Beach. hlorida 33416-473.7 O C W E N (Do not send correspondence or payments to the above address.) 4k,'lN 1,.C)C\N EN.COM HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE --Under the Act you are entitled to a temporary stay of foreclosure on your mortgage for thirty _(30Ldays from the date of this Notice During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE- 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 (Bring it up to date vACT91.z 1 This communication is from a debt collector attempting- to collect a debt, any information obtained hill be used.lor that purpose. Hoivever, 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 NML S # 1852 . . . . . . . . . . . . . . . . . . . . . Ocwen Loan Servicing. LL( P. 0 Box 2473 7 a ......... blest Pulm Beach. hlorida 33416-4737 O O W E N (Do not send correspondence orpgvinents to the above address.) \ N'I'.VC?N'EN.CCIv1 NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 127 Marion Ave, Carlisle, PA 17013-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 2 payments in the amount of $ 1,294.99 from October 01. 2011 through November 30. 2011 DETAIL SUMMARY : Principal and Interest ................................. $ 2.121.22 Interest Arrearage ..................................... $ 0.00 Escrow .................................................. $ 468.76 Late Charges ........................................... $ 53.03 Insufficient Funds Charges ........................... $ 0.00 Fees Expenses ........................................ $ 46.97 Suspense Balance (CREDIT) ........................ $ 0.00 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 2,689.98 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 $2,689.98, 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) DAl' period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paving the total amount then, past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any. other requirements under the mortgage. (Turing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. DAC'r91.21 This communication is.f'om 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 cvven Loan Servicing. LL[ O G P. O. Box 24 73 7 .................... 0 est Palm Beach. hlorida 33416-473' O C W E N (Do not send correspondence or payments to the above address.) V,IM \-rs,QC\\'EN.COV1 EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the servicer. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 33416-4737 Phone Number: 800-310-9229 Fax Number: 407-737-6300 Contact: Early Intervention Dept EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, 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 This communication is,kom a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, ifthe 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 FORM 1 IN THE COURT OF CO"MON PLEAS OF CUMBERLAND COUNTY, PENNSYZVANIA...., R:LL Plaintiff(s) < w vs. Defendant(s) Civil y NOTICE OF RESIDENTIAL MORTGAGE r....} r` FORECLOSt ?, .. ?{'. DIVERSION PROGRAIM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not nave a lawyer, you must tal=e the following steps to be el Bible for a conciliation conference. First, within twenty (20) days of your reetipt of this .notice, you must contact 1vlidPenn Legal Services at (717) 243-9400 extension 2510 or (300) 822-5-288 extension 2151.0 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached bereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be tiled with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with yoar lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must tal=e the following steps to be eligible for a concihma ion.'eoblererme. It is not necessary for.you to contact NlidP.enn Legal Service for the appointment of a legal repmsentszive. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf, If you and your lawyer complete a. financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint, If you do so and a conciliation conference is scheduled. you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WNH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS PXQUIRED. BY TMS INOTICE. THIS PROGRAM IS )FREE. Respectfully submitted: bate [Sip nature of Counsel for Plaintiff] W/Wd Wdsa'zo zloz of ifew :xe4 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial. Worksheet Date Cumberland County Court of Common Pleas Docket BORROWER REQUES'T' FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender r_iust consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different) City: Phone Numbers: State: Zip: Yes ? No ? Listirt; date: Price: $_ Realtor Phone: Ye_ s ? No ? Hoene: Cell: State: Zip: Office: Other: Email: T of people in household: How iong? Mailin; Address: City: Phone Numbers: Email'. of people in household: First Mortgage Lender: _ Type of Loan: Loan Number: Second Mortgage Lender: Type orLoan: Loan. Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primarv Reason for Default: is the loan in Bankruptcy' Yes ? No ? State: Zip: Home: Office: Cejl: Other: How long? Date You Closed Your Loan: _.. --........ _....---.... gnn/znnri wdRn:7n 707 nt KRw :xe? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ ? Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats. motoreveles): Model- Year: Amount owed: Value Monthly Income Name of Employers: Additional Income Dest-.ription (not wages): monthly amount: , 2 monthly amount: Borrower Pay Days: Co-Borrower Pay Days. Month)v Exbenses: (Please only include expenses you are currently paying) EXPENSE KM0L WT EXPENSE AMOUNT Mori ?e Food 2° ]Mortgage ? Utilities Car Pa ant(s) Condo/Nei. h. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment install. Loan Payment Cable TV Child Su ort/Alim. Spending Monc i Da °/Child Care/Tu it. Other Expenses Amount Available for Monthly Mortgage Payments Based on Lneome & E.coenses. Have you been working with a Housing Counseling Agency i Yes ? No '7 If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax:: 1) W/Wd Wd60!Z0 ZLOZ OL K9W :xed Email: Have volt made application for Homeowners Emergency Mortgage Assistance Program (14EMAP) assistance? Yes ? No if yes, please indicate the status of the appiication: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes,7 No ? If yes, please indicate the status of those negotiations: Please provide the follow information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact Phone: Phone: I/We, , authorize the above named to use/refer this information to my lenderiservicer for the sole purpose of evaluating my financial situation for possible mortgage options. Me understand that I./we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1( Proof of income 1i Past 2 bank statements Proof of any expected income for the last 45 days V Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Y Listing agreement (if property is currently on the market) 500/DOOd WdOl=ZO ZIOZ OG Keh :xe? FORM 3 IN' THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA ?.S dlaintifi - - VS. Defendant's) CIVIL REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage ? foreclosure action; i 2, Defendant lives in the subject real property, which is defendant's primary residence; Defendant has been served ?'??itb a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsw=orn falsification to authorities. Signature of Defendant's CounseUAppointed Date Legal Representative Signature of Defendant Signature of Defendant Date Date I ..... ..... ....... --- SWUM WdOL:ZO ZIOZ Ol AeW :xe? UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 PAIGE M. BELLING, 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 m .? 111 WOODCREST ROAD SUITE 200 : i CHERRY HILL, NJ 08003-3620 -? 856-669-5400 pleadins(?udren.com U.S. Bank National Association, as Trustee, for the C-BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB3 1661 Worthington Road #100, West Palm Beach, FL 33409 Plaintiff - V. REX A. CIUFFO 127 MARION AVE CARLISLE, PA 17013 WENDY S. CIUFFO 127 MARION AVE CARLISLE, PA 17013 Defendant(s) HON0T '4' l `1'110:20 A114O OUNT' I' H 'SYLVANIA r- w.6.,, COURT OF COMMON PIr CIVIL DIVISION w=C) -°° CUMBERLAND County NO. 100q- C)Y7 eivi t a 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; Paige M. Bellino, Esquire; Harry B. Reese, Esquire; Amy Glass, Esquire; Kassia Fialkoff, Esquire; Elizabeth L. Wassall, Esquire on behalf of the Plaintiff, in the above-captioned matter. UDRFLAW OFFICE BY: f S 47L M. SELUNO, ESQUIRL PA ID 309091 ,-r ?1 { SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff S t CA CUMt)" Jody S Smith t? Chief Deputy Richard W Stewart Solicitor US Bank National Association Case Number vs. Rex A. Ciuffo (et al.) 2012-2947 SHERIFF'S RETURN OF SERVICE 05/14/2012 02:52 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 14 2012 at 1452 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Rex A. Ciuffo, by making known unto himself personally, at 127 Marion Avenue, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. WN SHALL, DEPUTY 05/14/2012 02:52 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 14 2012 at 1452 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Wendy S. Ciuffo, by making known unto Rex Ciuffo, Husband of Defendant at 127 Marion Avenue, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHAWN GUTSHALL, DEPUTY SHERIFF COST: $50.00 May 22, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ?c Cpun-vS-ime, Sheriff. Teeoi?;`!. 1, -; WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-2947 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-CB3 Plaintiff (s) From ?ef? C U 4c) -?' Wekld`1 S. C &(T& (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $136,654.82 L. L.: $.50 Interest FROM 8/29/2012 TO DATE OF SALE DECEMBER 5, 2012 - ONGOING PER DIEM OF $34.72 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $3,437.28 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $201.25 Other Costs: Plaintiff Paid: Date: 8/30/2012 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: KATHERINE E. KNOWLTON, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER, I II WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 311713 r r RJTHONOTAR.+. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 2012 AUG 30 AM 1: 14 111 WOODCREST ROAD, SUITE 200 CHERRY' HILL, NJ 08003-3620 -U 856-669-5400 pleadinooEudren.com U.S. Bank National Association, as Trustee, for the 0-BASS Mortgage Loan Asset- Backed Certificates, Series 2007-CB3 Plaintiff V. Rex A. Ciuffo Wendy S. Ciuffo Defendant(s) g€I NNSYL?VANIA Tv COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 12-2947-CIVIL PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount due $ 136,654.82 Interest From 8/29/2012 $ 3,437.28 to Date of Sale December 5, 2012 Ongoing Per Diem of $34.72 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, P.C. BY Attorney for Plaintiff Katherine E. Knowlton, Esq PA ID 311713 -)4JU#: 12030446 CA :12030446-1 au? la.5 a So , M C tr ?? 103.7-5 O l i it ?a s a ? ?• Sa L? C?- q 35D3?1 e,, a9a? ?r 4 of PAC lsvrd UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY' HILL, NJ 08003-3620 856-669-5400 plea lings@udren.com U.S. Bank National Association, as Trustee, for the Ca-BASS Mortgage Loan Asset- Backed Certificates, Series 2007-CB3 Plaintiff V. Rex A. Ciuffo Wendy S. Ciuffo Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION 40 xy ? ?- Cumberland County ; -, M c : MORTGAGE FORECLOSURE --, =C:) ?" --- r NO. 12-2947-CIVIL ._ . CERTIFICATE OF ACT 91 I hereby state that as the attorney for the Plaintiff in the above-captioned matter: LK Act 91 procedures have been fulfilled Premises is not subject to the provisions of Act 91 as this is an FHA insured mortgage This statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES,?P.C. Attorney for Plaintiff Katherine E. Knowlton, Esq PA ID 311713 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings a-)udren.com U.S. Bank National Association, as Trustee, COURT OF COMMON PLEAS for the C-BASS Mortgage Loan Asset- CIVIL DIVISION Backed Certificates, Series 2007-CB3 Cumberland County c, w ? Plaintiff rn i V. MORTGAGE FORECLOSURE Rex A. Ciuffo o , . Wendy S. Ciuffo Defendants NO. NO. 12-2947-CIVIL v r, =ca :X _ C.) _ C-- vim. -- AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 U.S. Bank National Association, as Trustee, for the C-BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB3, Plaintiff in the above action, by its undersigned attorney, upon information and belief, Udren Law Offices, P.C., sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 127 Marion Ave, Carlisle, PA 17013 1. Name and addlress of Owner(s) or reputed Owner(s): Rex A. Ciuffo 127 Marion Ave Carlisle, PA 17013 Wendy S. Ciuffo 127 Marion Ave. Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Rex A. Ciuffo 127 Marion Ave Carlisle, PA 17013 Wendy S. Ciuffo' 127 Marion Ave Carlisle, PA 17013 3. Name and address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Jr Lien Holders - None 4. Name and address of the last recorded holder of every mortgage of record: U.S. Bank National Association, as Trustee, for the C-BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB3 1661 Worthington Road #100 West Palm Beach, FL 33409 Sr Mortgage Holders - None Jr Mortgage Holders - None 5. Name and address of every other person who has any record lien on the property: Sr lien Holders - None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Cumberland County Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128-1230 Tenants/Occupajnts 127 Marion Avenue Carlisle, PA 17013 Roy E. Brehm, Jr. and Jean L. Brehm 252 W. Willow Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Federal Tax Lied Holders - None Condo/Homeowners Association - None I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unswoxn falsification to authorities. DATED: UDREN LAW OFFICES, P.C. BY: Attorney for Plaintiff Katharine E. Knowlton, Esq MJU#: 12030446' CASE#: 12030446-1 PA ID 311713 +. UDREN LAW OFFICES, P.C. D TNO1 b4AF0RNEY FOR PLAINTIFF W 111 OODCREST CORPORATE T ROAD, SUITE 200 2 AUG 3? 11 1 a CHERRY HILL, NJ 08003-3620 856-669-400 IERLAyo COUNTY PENNSYLVANIA rleadin s udren.com U.S. Banjk National Association, as Trustee, COURT OF COMMON PLEAS for the C-BASS Mortgage Loan Asset- CIVIL DIVISION Backed Certificates, Series 2007-CB3 Cumberland County Plaintiff V. MORTGAGE FORECLOSURE WENDY S. CIUFFO, REX A. CIUFFO Defendant(s) NO. 12-2947-CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Rex A. Ciuffo 127 Marion Ave Calrlisle, PA 17013 Your house (real estate) at 127 Marion Ave, Carlisle, PA 17013 is scheduled to be sold at the Sheriff s Sale on December 5, 2012 at 10:00am at the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013, to enforce the court judgment of $136 6 4.82, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price, bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 U.S. Bank National Association, as Trustee, for the C-BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB3 1661 Worthington Road #100 West Palm Beach, FL 33409 Plaintiff V. REX A. CIUFFO 127 MARION A,VE CARLISLE, PA' 17013 WENDY S. CIUFFO 127 MARION AVE CARLISLE, PA17013 Defendant(s) ATTORNEY FOR PLAINTIFF rf C r q COURT OF COMMON PLEASE --? CIVIL DIVISION ; Cumberland County M C=? ?- MORTGAGE FORECLOSURJm A C") C) -T, Cn NO. 12-2947-CIVIL PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s), REX A. CIUFFO; WENDY S. CIUFFO; for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: Unpaid Principal Balance Interest Per Complaint Additional Interest Late Charges Per Complaint Additional Late Charges Escrow Per Complaint Title Report Attorney Fees Other Suspense Balance Prior Servicer Fees Property Inspection PropertyValuation Grand Total FROM TO 08/28/2012 08/28/2012 $121,452.01 $6,356.56 $5,069.12 $212.12 $265.15 $1,394.90 $300.00 $1,300.00 $-55.01 $46.97 $21.00 $292.00 $136,654.82 04/05/2012 04/05/2012 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, a copy of which is attached hereto. DAMAGES BY ASSESSED AS INDICATED DATE: P1 MJU#:12030446 ?ASE#: 12030446-1 L UDREN LAW OFFICES, P.C. BY ?s/ A ttorney for Plaintiff J ?j thcri nowlton, Efq'1 ? e j,* 3s033 ?,?a8bo( g UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID 434576 ALAN M. MINATO, ESQUIRE - ID #75860 SHERRIIJ. BRAUNSTEIN, ESQUIRE - ID #90675 PAIGE K. BELLINO, ESQUIRE - ID#309091 HARRY IB. REESE, ESQUIRE - ID#310501 AMY G1 ASS, 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 pleadinas(x).udren-com U.S. Bank National Association, as Trustee, for the C-BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB3 C/O Oc?ven Loan Servicing, LLC 1661 Worthington Road #100 West Palm Beach, FL 33409 Plaintiff REX A. CIUFFO V' 127 MARION AVE CARLISLE, PA 17013 WENDY',S. CIUFFO 127 MARION AVE CARLISLE, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF l - C ) -- ----- (( x ?.., zc c Co COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO a?y? ?`utI NO. COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following ;pages, you must take action within twenty (20) days after this Complaint and Notice are servedb by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A'' LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. -* f G-03o(- 4to-/ UDUN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 PAIGE M. BELLING, ESQUIRE - ID#309091 HARJ i 2Y B. REESE, ESQUIRE - ID#310501 AMY, GLASS, ESQUIRE - ID#308367 KAS$1A FIALKOFF, ESQUIRE - ID#310530 ELI ETH L. WASSALL, ESQUIRE - ID#77788 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHE*RY HILL, NJ 08003-3620 856-60-5400 nleadinasrudren.com U.S. Bank National Association, as Trustee, for the C-BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB3 1661, Worthington Road #100, West Palm Beach, FL 33409 Plaintiff . V. REX, A. CIUFFO 127 MARION AVE CARLISLE, PA 17013 WENDY S. CRTFO 127 MARION AVE CARLISLE, PA 17013 Defendant(s) 4 u? j7, ND COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. `a ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the following counsel: Mark J r..,y -? ;-. rv CD Udren, Esq re; :°' Stuart ' Winmeg, Esquire; Lorraine Doyle, Esquire; Alan M. Minato, Esquire, Sherri J. Braunstein, Esquire; Paige M. Bellino, Esquire; Harry B. Reese, Esquire; Amy Glass, Esquire; Kassia Fialkoff, Esquire; Elizabeth L. Wassail, Esquire on behalf of the Plaintiff, in the above-captioned matter. UDRF?LAW OFFICES, BY: -;LK. BEU,INO, ESQUIRt PA ID 309091 12.0--3 ig q SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,,ts urt ?exrrfr?i? ? Jody S Smith ??? vQ , Chief Deputy Richard W Stewart Solicitor QFFICE: 4F 7yE SmERIFF US Bank National Association Case Number vs. Rex A. Ciuffo (et al.) 2012-2947 SHERIFF'S RETURN OF SERVICE 05/14/2012 02:52 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 14 2012 at 1452 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Rex A. Ciuffb, by making known unto himself personally, at 127 Marion Avenue, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHALL, DEPUTY 05114/2012 02:52 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 14 2012] at 1452 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Wendy S. Ciuffp, by making known unto Rex Ciuffo, Husband of Defendant at 127 Marion Avenue, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHAWN GUTSHALL, DEPUTY SHERIFF COST: $50.00 SO ANSWERS, May 22, 2012 RON R ANDERSON, SHERIFF (0) C0unfyS4A0 Sheriff, I eieosoR, tnc. 1 2-0 3006 -1 UDREN LAW OFFICES, P.C. WOODCRESIT CORPORATE CENTER 111 WOODCP.EST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 U.S. Bank N tional Association, as Trustee, for the C-BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB3 Plaintiff V. WENDY S. CIUFFO, REX A. CIUFFO Defendant(s) TO: REX Ai. CIUFFO 127 MARION AVE CARLISLE, PA 17013 Date of Notice; August 6, 2012 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 12-2947-CIVIL IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN!TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF''YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARA.RECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, )MPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A'DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. LAW OFFICES, PC_ BY: for Plainti t_ ? i_tTNo, ESQUIRE PA ID 309091 Wooderest Corporate Center I I I Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 MJU#: 12030446 CASE#: 12030445-1 UDREN LAVE' OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 U.S. Bank Notional Association, as Trustee, for a C-BASS Mortgage Loan Asset-Backe?Certificates, Series 2007-CB3 Plaintiff V. WENDY S. CIUFFO, REX A. CIUFFO j Defendant(s) TO: WENDY S. CIUFFO 127 MARION AVE CARLISLE, PA 17013 Date of Notice: August 6, 2012 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 12-2947-CIVIL IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALL'Y' OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN !TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF'YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA. POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TER1vINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD !DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA. EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATA? 4ENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION $E ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR'ASSiSTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A'DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. UD N LAW OFFICE L BY: fA ey f or Plaintiff E M. SELLTNO, ESQUIRE PA ID 303091 Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 MJU#: 12030446 CASE#: 12030446-1 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 plea in s udren.com U.S. Bank National Association, as Trustee, for the C-BASS Mortgage Loan Asset-Backed Certificajtes, Series 2007-CB3 Plaintiff V. Rex A. Ciuffo Wendy S. Ciuffo Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 12-2947-CIVIL. AFFIDAVIT OF NON-MILITARY SERVICE UNDER Pa.R.C.P 76 THE UNDERSIGNED states based upon a search of the Department of Defense Manpower Data Center for the Defendant(s), that the Defendant(s), REX A. CIUFFO, WENDY S. CIUFFO, who/each of whom is over 18 years of age is/are not in active military service as defined in the Servicemembers' Civil Relief Act. The Military Status Report(s) is/are attached hereto as Exhibit "A". The Affiant lacks sufficient information to be able to determine whether any other Defendants in this action',are in active military service because Plaintiff cannot provide date(s) of birth and/or Social Security number(s) for said Defendant(s) to enable a search. This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. A orney for Plaintiff KstNaine E. Knbwiton, Ego PA ID 311713 MJU#: 12030446 CASE#: 12030446-1 Department of Defense Manpower Data Center 40 Stems ltrt Purs t to SeMeem mhen Civil Relief Act Last Name: IUFFO First Name: WENDY Middle Name: Active Duty Status As Of: Aug-28-2012 Results as of : Aug-28-2012 08:40:07 SCRA 2.3 On Active Duty On Active Duty Status Date ..Active' Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the indrAduals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days d Active Duty Status Date Active D4 Start Data Active Duty End Date Statue ?ty{? Com?r?nt' NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HisMer Unit Was.NOttfled of a Fubre Cab-Up to Active Duty on Active Duty Status Date Order Start Date Order NotHtcabon End. Date stab. :ServfEe Component NA NA No NA This response reflects whether the individual orhia W unit has waived eery nobflcation to report for active duty Upon searching the idata banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the, active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NCAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. U. JM4 " AWY jFfj - fv?? Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 at seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SERA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive] days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and suppgrted by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAH Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the iSCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders *a amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some (protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID:' DPV6084PEB Department of Defense Manpower Data Center 40 Status Report Pursuant to Servicemembers Civil Relief Act Last Name: CILIFFO First Name: REX Middle Name: Active Duty Status As Of: Aug-28-2012 Results as of : Aug-28-2012 08:42:03 SCRA 2.3 I On Ache Duty On AcM Duty Statue Date Active Duty Start Date Active Duty End Date status Service comport. NA NA No NA This response reflects the Individuals' active duty status based on the Active Duty Status Date Len Active Duty Within 367 Days of Act!" Duty status Date .. Active Duty Start Date Active Duty End Date Status Servibe Component: NA NA No..... NA This response reflects where the individual left active duty status wllhin 367 days preceding the Active Duty Status Date The Member or HWHer unit Was NeNBed of a:Futura Cep to Actim Duty on Active Duty Status Date ''. Ostler No Stmt Dale Order NoWication End Date Status Samoa compormt NA NA too NA This response reflects whether the individual or hiy/her unit has received earty notification to report for active duty Upon searching the,data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. JL 'A "7 Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: hftp://www.defenselink.miVfaq/pis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (rARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAH Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the',SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 2KCC3NB9RS UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER ll 1 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(~udren.com L'.S. Bank National .Association, as Trustee, for the C-BASS Mortgage Loan Asset- Backed Certificates, Series 2007-CB3 Plaintiff ~-. REX A. CIUFFO; WENDY S. CIUFFO; et al Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL :DIVISION Cumberland County - ; ~_ - - MORTGAGE FORECLOSURE _- .. , ,, _ _.~, NO. 12•-2947-CIVIL ~ = ~- _. PRAECIPE TO WITHDRAW JUDGMENT AND DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindle mark the above captioned matter as JUDGMENT WITHDRAWN and .ACTION DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. DATED: _ , ~._~~~ ~- UDREN LAW OFFICES, P.C. Attorney for Plaintiff ELIZABETH L WASSALL, E' FAA ID 77788 MJU#: 12030446 CASE#: 12030446-1