HomeMy WebLinkAbout12-4471f k Gr EIGL
- THE ROTHONOTAR
2012 JUL 19 AM 9: 5 9
CUMI ERLANC COUNTY
PENNSYLVANIA
UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
BY: MARK J. UDREN, ESQUIRE - ID #04302
STUART WINNEG, ESQUIRE - ID#45362
LORRAINE GAZZARA DOYLE, ESQUIRE - ID#34576
ALAN M. MINATO, ESQUIRE - ID#75860
SHERRI J. BRAUNSTEIN, ESQUIRE - ID#90675
SALVATORE CAROLLO, ESQUIRE - ID#311050
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
AGNES MOMBRUN, ESQUIRE - ID#309356
ELANA B. FLEHINGER, ESQUIRE - ID#209197
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, as successor in COURT OF COMMON
interest to Bank of America, National Association, as PLEAS
Trustee, successor by merger to LaSalle Bank National CIVIL DIVISION
Association, as Trustee for Residential Asset Aquisition CUMBERLAND County
Corporation, Inc. (RAAC) 2007-RP4
C/O Ocwen Loan Servicing, LLC 1 Il 1/
1661 Worthington Road #100 NO.
West Palm Beach, FL 33409
Plaintiff
V.
JANIE STANLEY
12 WHITE BIRCH AVE, MECHANICSBURG, PA 17050-1664
MORRIS STANLEY III
12 WHITE BIRCH AVE, MECHANICSBURG, PA 17050-1664
Defendant(s)
COMPLAINT IN MORTGAGE FORECLOSURE Ins
C k-? 31 ?NCa ? yy7
? a?71 to
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so the case may proceed without you and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY
BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT
MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR
NO FEE.
LAWYERS REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(800) 990-9108
AVISO
Le han demandano a usted en la corte. Si usted quiere defenderse de estas demandas expuestas
en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda
y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y
entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su
persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la
demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor
del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted
puede perder dinero o sus propiedades u otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(800) 990-9108
NOTICE
The amount of your debt is as stated in the attached document. The name of the
creditor to whom the debt is owed is as named in the attached document. Unless you notify
us within 30 days after receipt of this Notice and the attached document that the validity of
the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If
you do notify us in writing of a dispute within the 30 day period, we will obtain verification
of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute
the debt, it is not an admission of liability on your part. Also, upon your written request
within the 30 day period, we will provide you with the name and address of the original
creditor if different from the current creditor.
If you notify us in writing within the 30 day period as stated above, we will cease
collection of your debt, or any disputed portion of it, until we obtain the information that
is required and mail it to you. Once we have mailed to you the required information, we
will then continue the collection of your debt.
This law firm is deemed to be a debt collector and this Notice and the attached document
is an attempt to collect a debt, and any information obtained will be used for that purpose.
UDREN LAW OFFICES, P.C.
/s/ Mark J. Udren, Esquire
Woodcrest Corporate Center
,111 Woodcrest Road, Suite 200
Cherry Hill, NJ 08003-3620
(856) 669-5400
I. 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 Plaintiffs favor:
Assignor: Option One Mortgage Corporation, a California Corporation
Assignee: US Bank National Association, as trustee for the certificate holders of asset backed
securities corportion Home Equity Loan Trust, Series OOMC 2006-HE5
Date of Assignment: 11/30/2006
Recorded Date: 01/02/2007
Book/Instrument #: 0733
Page: 0819
Assignor: US Bank National Association, as trustee for the certificate holders of asset backed
securities corportion Home Equity Loan Trust, Series OOMC 2006-HE5
Assignee: Bank of America National Association as successor by merger to LaSalle Bank NA.,
Trustee Mortgage Asset Backed Pass-Through Certificates Series 2007-RP4
Date of Assignment: 06/18/2010
Recorded Date: 07/06/2010
Book/Instrument #: Document Number:201017942
Page: NA
Assignor: Bank of America National Association as successor by merger to LaSalle Bank NA.,
Trustee Mortgage Asset Backed Pass-Through Certificates Series 2007-RP4
Assignee: U.S. Bank National Association, as Trustee, as successor in interest to Bank of America,
National Association, as Trustee, successor by merger to LaSalle Bank National Association, as
Trustee, for Pooling and Servicing Agreement Dated as of May 1, 2007 Mortgage Asset-Backed
Pass-Through Certificates Series 2007-RP4
Date of Assignment:
Recorded Date:
Book/Instrument #: lodged for recording
Page: lodged for recording
1
2. Upon information and belief Defendant(s) and/or their predecessor:
Morris Stanley III & Janie Stanley
(hereinafter 'Defendants"), are the owners of property located at 12 White Birch Ave,
Mechanicsburg, PA 17050-1664, by virtue of Deed dated 05/04/2006 and recorded
05/08/2006 in Official Records Book 274 at Page 2157 of the Public Records of
Cumberland County, Pennsylvania (hereinafter the 'Property").
3. On 05/04/2006, Defendant(s) and/or their predecessor:
MORRIS STANLEY III
promised to pay to the order of Option One Mortgage Corporation, a California
Corporation, the principal sum of $ 112,000.00 payable with interest thereon
provided in the Note.
4. By Mortgage dated 05/04/2006, Defendant(s) and/or their predecessor:
JANIE STANLEY
MORRIS STANLEY III
to secure the Note, mortgaged to Option One Mortgage Corporation, a
California Corporation, the Property which is the subject of this action. The
Mortgage was recorded on 05/08/2006 in Official Records Book 1949 at Page 4275
. 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 06/01/2010, 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 inunediately due.
r
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 $109,313.55
Accumulated Interest $23,843.54
Accumulated Late Charges $992.34
Escrow Deficit/(Reserve) $17,366.24
Title report $300.00
Attorney Fees $1,300.00
Other Suspense Balance $-767.15
Prior Servicer Fees $1,557.19
Property Inspection $42.00
Property Valuation $584.00
Grand Total $154,531.71
The above figures are calculated as of 05/24/2012:
The interest rate is subject to adjustment if more fully described as such in the note and
mortgage. The interest rate on the subject note is at 10.65000 %. The per diem interest accruing
on this debt is $31.82 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 $62.16.
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 rem, against the Defendant(s) herein in
sum of $154,531.71 plus ongoing interest, costs and attorneys fees and for sale of the Mort2g
premises.
UDREN LAW OFFICES, P.C.
BY:
KASSIA FIALKOFF, ESQUIRE
PA ID 310530
VERIFICATION
The undersigned states that h she s authorized to make this verification on behalf of the
Plaintiff, and that the facts set fort in the foregoing pleading are true and correct to the best of
the information and belief of the undersigned.
The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
Date: &I a r4
6DF
Name: TanWa A. SPNOV
Title:
?1 S? Qtl ? SAC f ? ?Qr?
Company: Residential Funding Company, LLC
as attorney in fact for U.S. Bank National
Association, as Trustee, as successor in interest
to Bank of America, National Association, as
Trustee, successor by merger to LaSalle Bank
National Association, as Trustee for Residential
Asset Aquisition Corporation, Inc. (RAAC)
2007-RP4
MJU #: 11120522 CASE #: 11120522-1 Transfer
First Amerliean Ville Insurance Company
Commitment No. PA0603-02102
Lopl Descripdon
ALL THAT CERTAIN lot of ground situate in the Township of Silver Springs, County of Cumberland ad State
of Pennsylvania, bounded and described as follows, to wit:
THE POINT OF BEGINNING of this lot of ground is found by starting at the intersection of the center Hm of a
public road known as Legislative Route #597 and a public road known as White Birch Avenue, as shorn in the
Plan of White Birch Farms Development THENCE luting due South along the center line of White Birch
Avenue 431.15 feet to the center lime of the same; Tfi['$NCE continuing along the venb?r of said Whit Birch
Avenue by the arc of a circle curving to the laB, a distance of 66.32 feet to a point; T1IFd4CE continuing along the
center line of said White Bitch Avenue, S25_I:, a distance of 141.52 foot to a point in the ooaW of said avenue;
THENCE 365_W, a distance of 25 feet to a point in the Waiters line of White Birch Avenue at the phnee of
beginning; THENCE commencing at said point of BEGINNING and emending along the division line between
Lots No. 19 and 20 and Lot No. 22 on the hen;sdter mentioned Plan of Lots S65" W, 134.24 foot to a point;
TITENCR along the line of other lands now or formerly of We of Marline L. Lehrmer and Alice Faye Lehman, his
wife, N16"01' 30"W, 121.49 feet to a point; THENCE along the division line betwoon Lwn N°• 22 and 23 on 9&d
Plan; N65 E, 165.29 fed to a point in the Western line of White Birch Avarua doresaid; THENCE slong the
Western lino of said White Birch Avenue, 525" 1,120 feet to a point, at the place of BEGINNM.
TAX ID NO.: 38-14-0847-035
BEING THE SAME PREMISES which Janie Stanley and Morris Stanley III, husband and wife, by Indenture
dated 12-29-03 and recorded 12-29-03 in the Office of the Recorder of Deeds in and for the County of
Cumberland in Deed Book 261 Page 55, granted and conveyed unto Janet C. Hors.
NOTICE - THIS DOCUMENT DOES NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE
TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED
OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE
COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND IN THAT CONNECTION DAMAGE
MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE BURMG OR STRUCTURE ON
OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOGS NOT MILARGA. RESTRICT OR MODIFY
ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR
RESERVED BY THIS INSTRUMENT. (This notice is set forth in the manner Provided in Sermon to f the Act of
July 17, 1957 P.L., 984 as amended, and is not intended as notice of unrecorded , if any).
NOTICE - THE UNDERSIGNED, AS EVIDENCED BY THE SIGNATURE(S) TO THE NOTICE AND THE
ACCEPTANCE AND RECORDING OF THIS DEED, ARE FULLY COGNIZANT OF THE FACT THAT THE
UNDERSIGNED MAY NOT BE OBTAINING THE RIGHT TO PROTECTION AGAINST SUBSIDENCE, AS
TO THE PROPERTY HEREIN CONVEYED, RESULTING FROM COAL MINING OPERATIONS AND
THAT THE PURCHASED PROPERTY, DREW CONVEYED, MAY BE PROTECTED FROM DAMAGE
DUE TO MINE SUBSIDENCE BY A PRIVATE CONTRACT WITH THE, OWNERS OF THE ECONOMIC
INTEREST IN TIME COAL. THIS NOTICE IS INSERTED HEREIN TO COMPLY WITH THE BITUMINOUS
MINE SUBSIDENCE AND LAND CONSERVATION ACT OF 1%6.
PA-3 1949P;4284.
UDREN LAW OFFICES, P. C.
WOODCREST CORPORATE CENTER
MARKJ. UDREN, ESQUIRE Ill WOODCREST ROAD
NJMANAGINGATTORNEY 5UITE200
CHERRYMU, NEW ER5EY08003-362
856.669.5400
nNA MARIE RICH FAX.' 856.669.5399
0FFICEADMMSTRAT0R
FREDDIEMAC
PENN5n mw
DESIGNATED COUNSEL
March 27, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ARTICLE #7011 2970 0004 1348 5882
Morris Stanley III
12 White Birch Avenue
Mechanicsburg, PA 17050
RE: Mortgage Loan dated May 4, 2006
NOTICE OF INTENTION TO FORECLOSE
Dear Mortgagor:
The Mortgage serviced by Ocwen Loan Servicing and held by Lasalle
Bank National Association, as Trustee for Pooling and Servicing
Agreement Dated as of May 1, 2007 Mortgage Asset-Backed Pass-Through
Certificates Series 2007-RP4 (hereinafter we, us or ours) on your
property located at 12 White Birch Avenue, Mechanicsburg, PA 17050
IS IN SERIOUS DEFAULT because you have not made the monthly payments
of $1, 035.95 for the months of June 1, 2010 through November 1, 2010,
$1,198.94 for the months of December 1, 2010 through November 1,
2011 and $1,198.95 for the months of December 1, 2011 through March
1, 2012.
The last assessed late charge on this account was $62.16 at a late
charge rate of 6% for each delinquent payment(s). As of today, late
charges have accrued to the total amount of $930.18. Other charges
including Property Inspection Fees and Property Valuation Fees/BPO
have accrued at the total amount of $323.50. A Suspense Balance of
$767.15 has been credited to your account. The total amount now
required to cure this default, or in other words, get caught up in
your payments, as of the date of this letter is $25,885.31.
You may cure this default within THIRTY (30) DAYS of the date of
this letter, by paying to us the above amount of $25,885.31, plus
any additional monthly payments and late charges which may fall due
Exhibit A
during this period. Such payment must be made either by cash,
cashier's check, certified check or money order, and made to
UDREN LAW OFFICES, P.C.
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NEW JERSEY 08003-3620
If you do not cure the default within THIRTY (30) DAYS, we intend
to exercise the lender's right to accelerate the mortgage payments.
This means that whatever is owing on the original amount borrowed
will be considered due immediately and you may lose the chance to
pay off the original mortgage in monthly installments.
If full payment of the amount of default is not made within THIRTY
(30) DAYS, the lender also intends to instruct our firm to start
a lawsuit to foreclose your mortgaged property. If the mortgage
is foreclosed your mortgaged property will be sold by the Sheriff
or other similar official to pay off the mortgage debt. If you cure
the default before we begin legal proceedings against you, you will
still have to pay the reasonable attorney's fees actually incurred,
up to $50.00. However, if legal proceedings are started against
you, you will have to pay the reasonable attorney's fees even if
they are over $50. 00. Any attorney' s fees will be added to whatever
you owe the lender, which may also include our reasonable costs.
If you cure the default within the THIRTY (30) DAY period you will
not be required to pay attorney's fees.
The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
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 or other similar official foreclosure sale.
You may do so by paying the total amount of the unpaid monthly payments
plus any late or other charges then due, as well as the reasonable
attorney's fees and costs connected with the foreclosure sale and
perform any other requirements under the mortgage. It is estimated
that the earliest date that such a Sheriff's or other similar
official's sale could be held would be approximately six months from
the date of this letter. A notice of the date of the Sheriff's or
similar official 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
will be by calling us at the following number: (856) 669-5400.
This payment must be cash, cashier's check, certified check or money
order and made payable to us at the address stated above.
You should realize that a Sheriff's or other similar official sale
will end your ownership of the mortgaged property and your right
to remain in it. If you continue to live in the property after the
Sheriff's or other similar official sale, a lawsuit could be started
to evict you.
You shall have the right to assert in the foreclosure proceedings,
the non-existence of a default or any other defense that you may
have to acceleration or foreclosure.
You have additional rights to help protect your interest in the
property. YOU 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. YOU MAY HAVE THE RIGHT TO SELL
OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE
MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT
CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE
THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
If you cure the default, the mortgage will be restored to the same
position as if no default had occurred. However, you are not entitled
to this right to cure your default more than three times in any
calendar year.
UDREN LAW OFFICES, P.C.
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.
MARK J. UDREN, ESQUIRE - ID #04302
STUART WINNEG, ESQUIRE - ID #45362
LORRAINE DOYLE, ESQUIRE - ID #34576
ALAN M. MINATO, ESQUIRE - ID #75860
WOODCREST CORPORATE CENTER
III WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
(856) 669-5400
MARK 1. UDREN, ESQUIRE
MMANAGING ATTORNEY
TINA MARIERICH
OFF!CEADMI UTTLMTYJR
UDREN LAW OFFICES, A .
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD
SUITE200
CHERRYHILI, NEWJERSEY08003-362
856.669.5400
FAX: 856, 669. 53-99
FREDDIE MAC
PFNA1CV1 Vd A//d
DESIGNATED COUNSEL
March 27, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ARTICLE ##7011 2970 0004 1348 6216
Janie Stanley
12 White Birch Avenue
Mechanicsburg, PA 17050
RE: Mortgage Loan dated May 4, 2006
Dear Mortgagor:
NOTICE OF INTENTION TO FORECLOSE
The mortgage serviced by Ocwen Loan Servicing and held by Lasalle
Bank National Association, as Trustee for Pooling and Servicing
Agreement Dated as of May 1, 2007 Mortgage Asset-Backed Pass-Through
Certificates Series 2007-RP4 (hereinafter we, us or ours) on your
property located at 12 White Birch Avenue, Mechanicsburg, PA 17050
IS IN SERIOUS DEFAULT because you have not made the monthly payments
of $1, 035.95 for the months of June 1, 2010 through November 1, 2010,
$1,198.94 for the months of December 1, 2010 through November 1,
2011 and $1,198.95 for the months of December 1, 2011 through March
1, 2012.
The last assessed late charge on this account was $62.16 at a late
charge rate of 6% for each delinquent payment(s). As of today, late
charges have accrued to the total amount of $930.18. Other charges
including Property Inspection Fees and Property Valuation Fees/BPO
have accrued at the total amount of $323.50. A Suspense Balance of
$767.15 has been credited to your account. The total amount now
required to cure this default, or in other words, get caught up in
your payments, as of the date of this letter is $25,885.31.
You may cure this default within THIRTY (30) DAYS of the date of
this letter, by paying to us the above amount of $'25,885.31, plus
any additional monthly payments and late charges which may fall due
during this period. Such payment must be made either by cash,
cashier's check, certified check or money order, and made to
UDREN LAW OFFICES, P.C.
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NEW JERSEY 08003-3620
If you do not cure the default within THIRTY (30) DAYS, we intend
to exercise the lender's right to accelerate the mortgage payments.
This means that whatever is owing on the original amount borrowed
will be considered due immediately and you may lose the chance to
pay off the original mortgage in monthly installments.
If full payment of the amount of default is not made within THIRTY
(30) DAYS, the lender also intends to instruct our firm to start
a lawsuit to foreclose your mortgaged property. If the mortgage
is foreclosed your mortgaged property will be sold by the Sheriff
or other similar official to pay off the mortgage debt. If you cure
the default before we begin legal proceedings against you, you will
still have to pay the reasonable attorney's fees actually incurred,
up to $50.00. However, if legal proceedings are started against
you, you will have to pay the reasonable attorney's fees even if
they are over $50.00. Any attorney's fees will be added to whatever
you owe the lender, which may also include our reasonable costs.
If you cure the default within the THIRTY (30) DAY period you will
not be required to pay attorney's fees.
The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
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 or other similar official foreclosure sale.
You may do so by paying the total amount of the unpaid monthly payments
plus any late or other charges then due, as well as the reasonable
attorney's fees and costs connected with the foreclosure sale and
perform any other requirements under the mortgage. It is estimated
that the earliest date that such a Sheriff's or other similar
official's sale could be held would be approximately six months from
the date of this letter. A notice of the date of the Sheriff's or
similar official 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
will be by calling us at the following number: (856) 669-5400.
This payment must be cash, cashier's check, certified check or money
order and made payable to us at the address stated above.
You should realize that a Sheriff's or other similar official sale
will end your ownership of the mortgaged property and your right
to remain in it. If you continue to live in the property after the
Sheriff's or other similar official sale, a lawsuit: could be started
to evict you.
You shall have the right to assert in the foreclosure proceedings,
the non-existence of a default or any other defense that you may
have to acceleration or foreclosure.
You have additional rights to help protect your interest in the
property. YOU 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. YOU MAY HAVE THE RIGHT TO SELL
OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE
MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT
CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE
THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
If you cure the default, the mortgage will be restored to the same
position as if no default had occurred. However, you are not entitled
to this right to cure your default more than three times in any
calendar year.
LIDREN LAW OFFICES, P.C.
CC: First Class Mail
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.
MARK J. UDREN, ESQUIRE - ID #04302
STUART WINNEG, ESQUIRE - ID #45362
LORRAINE DOYLE, ESQUIRE - ID #34576
ALAN M. MINATO, ESQUIRE - ID #75860
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
(856) 669-5400
' TIFIED f
111 RIM LAW OPME3, P-0,
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W®®DCREST CORPORATE, CENTER
111 WQQDDREST ROAD
CHERRY HILL, NJ 08003 t
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FORM 1
IN THE COURT OF COMMON PLEAS Op
CUMBERLAND COUNTY, PENNSYLA t?_..
Plaintiff(s) Z ?
vs. .4D to
C ?Ytrl?1C?Jt'??? Ac
Defendant(s) ' -f y7 civil
C?
Z ?
NOTICE OF RESIDENTIAL MORTGAGE FORECLUOURI
DIVERSION PROGRAM
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 have a lawyer, you must take the following steps to be eligible for a conciliation
conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal
Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 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 hereto, the legal representative will prepare and file a Request for Conciliati
Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you
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 are represented by a lawyer, you and your lawyer must take the following steps to be
eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the
appointment of a legal representative. 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 compl(
a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliati
Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you
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 WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE
STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Date
Respectfully submitted:
[Signature o Counsel for Plaintiff]
KASSIA FIALKOFF, ESQUIRE
PA ID 310530
C) -T1
::
--t
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must 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: State:_ Zip:
Is the property for sale? Yes ? No ? Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ? No ?
Mailing Address (if different):
City: State: Zip:
Phone Numbers: Home: Office: _
Cell: Other:
Email:
# of people in household:
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office: _
Cell: Other:
Email:
# of people in household: How long?
First Mortgage Lender: _
Type of .Loan:
Loan Number:
Second Mortgage Lender:
Type of Loan:
Loan Number:
How long?
Date You Closed Your Loan:
Total Mortgage Payments Amount: S Included Taxes & Insurance:
Date of Last Payment:
Primar-v Reason for Default:
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: S $
Savings: $ $
Other: S $
Automobile #1: Model: Year:
Amount owed: Value:
Automobile #2: Model: Year:
Amount owed: Value:
Other transportation (automobiles, boats motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1.
3.
Additional Income Description (not wages):
1. monthly amount:
2 monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paving)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortaye Food
2" Mort aae Utilities
Car Payment(s) Cundo/Nei h. Fees
Auto Insurance Med. (not covered)
Auto fuel/re airs Other prop. payment
Install. Loan Pa yment Cable TV
Child Su ort/Alirn. Spending Money
Da y/Child Care/Tuit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No ?
If ves, please provide the following information:
Counseling .Agency:
Counselor:
Phone (Office): Fax:
I
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ? No ?
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company
to resolve your delinquency?
Yes ? No ?
If yes. please indicate the status of those negotiations:
Please provide the following information, if know. regarding your lender or lender's loan
servicing company:
Lender's Contact (Name). Phone:
Servicing Company (Name):
Contact:
Phone:
I/We. , authorize the above
named to use/refer this information to my lender/servicer for the sole
purpose of evaluating my financial situation for possible mortgage options. II/We
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:
V Proof of income
Past 2 bank statements
V( 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)
Listing agreement (if property is currently on the market)
3
FORM 3
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVAN
V Plaintiff(s)
, f, B?'n ? N tf ?1t4 (?Sfcrl?tYr ? , .
vs.
Defendant(s) CIVIL
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated . 2012 governing the Cumberla
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;
?. Defendant lives in the subject real property, which is defendant's primary
residence;
?. Defendant has been served with 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 t
unsworn falsification to authorities.
Signature of Defendant's Counsel/Appointed
Legal Representative
Signature of Defendant
Signature of Defendant
Date
Date
Date
UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
BY: MARK J. UDREN, ESQUIRE - ID #04302
STUART WINNEG, ESQUIRE - ID#45362
LORRAINE GAZZARA DOYLE, ESQUIRE - ID#34576
ALAN M. MINATO, ESQUIRE - ID#75860
SHERRI J. BRAUNSTEIN, ESQUIRE - ID#90675
SALVATORE CAROLLO, ESQUIRE - ID#311050
PAIGE M. BELLING, ESQUIRE - ID#309091
HARRY B. REESE, ESQUIRE - ID#310501
KASSIA FIALKOFF, ESQUIRE - ID#310530
ELIZABETH L. WASSALL, ESQUIRE - ID#77788
AGNES MOMBRUN, ESQUIRE - ID#309356
ELANA B. FLEHINGER, ESQUIRE - ID#209197
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400 pleadiniwii udren.com
U.S. Bank National Association, as Trustee, as successor in
interest to Bank of America, National Association, as
Trustee, successor by merger to LaSalle Bank National
Association, as Trustee for Residential Asset Aquisition
Corporation, Inc. (RAAC) 2007-RP4
1661 Worthington Road #100, West Palm Beach, FL 33409
Plaintiff
V.
JANIE STANLEY
12 WHITE BIRCH AVE
MECHANICSBURG, PA 17050-1664
MORRIS STANLEY III
12 WHITE BIRCH AVE
MECHANICSBURG, PA 17050-1664
Defendant(s)
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
fLEU-OF F I :k:.
THE PROTHONOTAR'1'
2012 JUL 19 AM 9: 5 8
CUMSERLAN? COUNTY
PENNSYL ANIA
COURT OF COM
PLEAS
CIVIL DIVISION
CUMBERLAND i
y??l &0`1
No. ? a-
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; Kassia Fialkoff,
Esquire; Salvatore Carollo, Esquire; Elizabeth L. Wassall, Esquire; Agnes Mombrun,
Esquire; Elana B. Flehinger, Esquire; on behalf of the Plaintiff, in the above-captioned
matter.
UDREN LAW OFFICES, P.C.
BY: _
KASSTA FTALKOFF, ESQUIRE
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
~~x `~ti~. of ~ n iuGrr~,~,r6
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12 AI~~ 15 Alit g.12
~~~~~~G~E~,~..~~[~ t;~L~ 1 `~
r;E~~"SSv~ V/t~l~
US Bank National Association Case Number
vs.
Janie Stanley (et al.) 2012-4471
SHERIFF'S RETURN OF SERVICE
08/06/2012 06:55 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on Augus 6,
2012 at 1855 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Janie Stanley, by making known unto herself personally, at 12 White
Birch Avenue, 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.
ROBERT BITNER,
08/06/2012 07:20 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on Augus 6,
2012 at 1920 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Morris Stanley, III, by making known unto himself personally, at 12 Wh to
Birch Avenue, 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.
BITNER, DEP
SHERIFF COST: $54.00
August 10, 2012
SO ANSWERS,
~"
R ANDERSON, SHERIFF
UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL,NJ 08003-3620
856-669-5400
lep adings @udren.com
U.S.Bank National Association, as Trustee, COURT OF COMMON PLEAS
as successor in interest to Bank of America, CIVIL DIVISION
National Association, as Trustee, successor Cumberland County
by merger to LaSalle Bank National
Association as Trustee for Residential ' '
MORTGAGE FORECLOSURE --- -.,.
Asset Aquisition Corporation,Inc. (RAAC) � �°{
rn
2007-RP4
Plaintiff NO. 12-4471-CIVIL C)
V.
JANIE STANLEY; MORRIS STANLEY III;
et al
Defendant(s) '' =
PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly mark the above DISCONTINUED WITHOUT PREJUDICE,upon payment of
your costs only.
DATED: I
UDREN LAW OFFICES, P.C.
BY:
Atto y r P=SE,f�E-SQUI'RE
MARRY..@,,,
MJU#: 11120522 CASE#: 11120522-1 Transfer P*tf) 310501