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HomeMy WebLinkAbout12-5899UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID#45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID#34576 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 - H}#310530 ELIZABETH L. WASSALL, ESQUIRE - H?#77788 AGNES MOMBRUN, ESQUIRE - ID#309356 ELANA B. FLEHINGER, ESQUIRE - ID#209197 KATHERINE E. KNOWLTON, ESQUIRE - ID#311713 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 leadings @ udren.com PNC Bank, National Association C/O PNC Bank, N.A. 3232 Newmark Drive Miamisburg, OH 45342 Plaintiff v. RANDALL V. PHELPS, JR. 8 TAYLOR AVENUE WINDSOR, VA 23487 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNII. DNISION CUMBERLAND County NO. ~ a..S~ COMPLAINT IN MORTGAGE FORECLOSURE :; - - r,-~ ., ~ s _ -~ ~ . } ~ .~. Tr ~~'°' -:<.- ~ ~ VC 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. GLrNt ~"'°.JSfd Ck-# 3Cey70 ~~ag/631 LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 AVISO Le han demandado a usted en la Corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la Corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la Corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la Corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades a 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 PARR 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 34 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 Plaintiff' is PNC Bank, National Association. Plaintifi~ is the legal bolder 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 formalising the actual Assignment of Mortgage in Plaintiff s favor: Assignor: N/A Assignee: N/A Date of Assignment: N/A Recorded Date: N/A Book/Instrumeni #: N/A Page: N/A ?. Upon information and belief Defendant(s) and/or their predecessor: Randall V. Phelps, Jr. (hereinafter "Defendants"), are the owners of property located at 209 Clearview Road, (Township of Fairview), New Cumberland, PA 17070 , b}~ virtue of Deed dated 11/08/2007 and recorded 11/14/2007 in Official Records Book 1932 at Page 8061 of the Public Records of Cumberland County, Pennsylvania (hereinafter the "Property"). 3. On 11/08/2007 ,Defendant(s) and/or their predecessor: RANDALL V. PHELPS, JR. promised to pay to the order of National City Mortgage, a division of National City Bank ,the principal sum of $163,500.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 11/08/2007 ,Defendant(s) and/or their predecessor: RANDALL V. PHELPS, JR. to secure the Note, mortgaged to National City Mortgage a division of National City Bank , the Property which is the subject of this action. The Mortgage was recorded on 11/14/2007 in Official Records Book 1932 at Page 8096. Said Mortgage is incorporated herein by referenced in accordance with Pa.R.C.P 1019(g). A legal description of the mortgage premises is attached hereto and made a part hereof. 5. Said mortgage is in default in that the payment due 03/01/2(112, 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 $155,370.66 Accumulated Interest $6,376.32 Accumulated Late Charges $211.90 Escrow Deficit/(Reserve) $2,212.54 Pro Rata MIP/PMI $193.9$ Grand Total $164,364.90 The above figures are calculated to 09/10/12: The interest rate is subject to adjustment if more fully described as such in the note and mortgage. The interest rate on the subject note is at 6.75000 %. The per diem interest accruing on this debt is $28.73 and that sum should be added to the above date and 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 $53.02. 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 the sum of $164,364.90 plus ongoing interest, costs and attorneys fees and for sale of the Mortgaged premises. UDR ICES, P.C. BY: Sherri J. Braunstein, esquire PA ID 90f;75 VERIFICATION /~lOI~Z~C~ $~l1@f of the Plaintiff, PNC Bank, National Association, do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff and that the facts set forth in the foregoing Complaint are true and correct to the best of my information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date:~~~~ ~ ~ n o ~ 2- ~ ~~ ~ ~~ Name: ~ 4 I I i ~~ ~,~`,~ U~ ~~~'~k'.~[ Title: l~l~W1~Z~d ~f18~1' Company: PNC Bank, National Association MJU #: 12060624 CASE #: 12060624-1 ;~. t7 r~ r r.'.h t'- pteCe o; R~; Cl''1 ;,r IZ x1 5`•tiFFi (, -i: ~>t,6 ~~aWns~:l~ Ct; aifLfr.-i2. C;; i171.N L` ~'Oti; 2nt Jt2ic^ p' 'ern .;»^ti~r ~4 rr?o ,. {:rte, fl„aEar;y boUn^~ed ;ir.d des...a_.c a~ £ataov. ec: „• tt: '~Gc ,ttv cA,!' a* r s r a,'r1h+c:, stake is a# itte so~t`x+re,<., yr r o fhe int~'se ^iarr a; 2 ~~i~,~afe rrac' with thrr; ~~~ . ~i t`o7 ~chf-ef-v~ray~~;C a~Fxoxir ,a,eh+##rrc-s hw -r~:,3?;!1)teef EasYS~arJEy. #, tzm Yne I+,~rse~~o!re~f . aiu rig.hi o: rr_y and EweryraEn Road; wig a~~ the s~raPlvs~.<.[e~{y s+~de of ss:d prrva}c~ read. Ss;: ~ ; ~C~ %'~~ee= o a:rt~t~s a vrsf=nee a. one hur:dsed sever; air `tfrv-tvrC sr'rdrw~th ;r^ flt.~21 #c-ef #c a sl~k~ a ~r~ hne ;,' ar.., ..cu a L#ormery e> J. f-iaroid ~asehare art+~ !it~rffta P ~2se:~ore; °.her:;:e c'oncS said ;anCS Soy .t: uegee F ~ rrl,.;; Vlesf, ~ o,stsn~ effif°y ~~fl) feetin a s;ar/,s ci l .e o ;t*~et L;nds no+,v or (ate r.! Fr~F e: 'fir: ~~~ zdo~xi'~aid €artd,.Nor4.t, 85 degre=s <t mru:fF;s'Jdes:. a tksa3nceai;sne t~~adrec (~0~';cet iv a e, '.ht~~~Y a+o~e o+her:ands##aw or late of Fred 8. FSoe~a, AsorE~ 6 ae~ees'B ;:~>.'w~s casE, a dis~nra a ,rrt~ .una ecf tra r~ and onttrm h:tr,dip:~hs'tZrJ.42}fee? to a sake ~ *.he sni~theriy-Sine o`'ft;e 3t~remerr;iarie;; rr`r tn:oe '~ ,ao! r•gn.-c~-rra3; t`~~.,;G s~onc itte:a:`aasv i`i3#'~r-th'F+f , ~3 toci ~h#-ut-wray Sau"z 83 i~e;~ees 6 rlir.c:;es ,,t, a is~ncenftrenty-c}nr-a a.; rtih+ehl-fha?e ht.~t~re~t~s iZ F:83;teetta a ~#aKe, thepoirt f~ place i {; .VINi. THER~~3N Ei~v;Ei? c du+r~.'Gng k±~owd end n~~r bared as 2QJ Cle2rvieu~ Road. (F ~{ c I~*-+S. FF.Dr''HE ~{''L..,J371 REPRESENTATION OF PRINTED DOCUMENT PN ~ Attention: Collection Department (86-YM07-01-5) MOtt'TGAGE°" Miam sburg ~OH 45342 710? 8381 6546 2135 958? 6-749-77406-0000006-001-01-000-000-000-000 RANDALL V PHELPS JR 209 CLEARVIEW RD NEW CUMBERLAND PA 17070 Please find the NOTICE OF INTENTION TO FORECLOSE MORTGAGE PA001 Exhibit A INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT July 30, 2012 Re: Loan No. 00058781 17 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by PNC Mortgage a division of PNC Bank, National Association (hereinafter we, us or ours) on your property located at 209 Clearview Rd New Cumberland PA 17070, IS IN SERIOUS DEFAULT hecuuseyou have not made the monthly payments of~ $7,364.70 for the months of March 1, 2012 and July 1, 2012. Late charges and other charges have also accrued to this date in the amount of 5247.90. 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 57,612.60. You may cure this default within THIRTY (30) DAYS of the date of this letter, by pawing to us the above amount of 57,612.60, plays any additional monthly payments and late charg=e 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 at PNC Mortgage/Collections Center, Mail Code B6-YM09-Ol-Ol, 3232 Newmark Drive, Miamisburg, OH 45342. If you do not cure the default within THIRTY (30) DAYS, we irzterad to exercise our 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, tir-e also intend to instruct our attorneys to start a lmvsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged properh~ will he sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to 5 50.00. }Iowever, 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 us, which may also include our reasonable costs. If you cure the default within the thirty day perioa; you will not he required to pay attorney's fees. We 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 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 beJoa-e the Sheriff's foreclosure sale. You naav 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 reyuia•ements under the mor-tgageJ. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately nine -ten months. A notice of the date of the Sheriff 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: 1-800-523-8654. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain init. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. 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 BUYE'sR 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 CINDER THE MORTGAGE ARE SATISFIED]. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE TIIE RIGHT TO HAVE, THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOt_1R 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. We do encourage you to contact aHUD-approved counseling agency for financial counseling. To Locate an agency near you, please visit www.hud.vov or call 1-800-569-4287. This is an attempt to collect a debt. Any information obtained will be used for that purpose. However, if you have received a discharge in bankruptcy affecting our right to collect your loan as a personal obligation, and if the loan was not reaffirmed in the bankruptcy case, PNC Mortgage, a division of PNC Bank, National Association will only exercise its rights against the property itself, and is not attempting to collect the discharged debt from you personally. INTERNET REPRINT REPRESENTATION OF PRWTED DOCUMENT As you go through the process of trying to resolve your account, you may receive additional communications from PNC Mortgage, a division of PNC Bank, National Association (PNC Mortgage). Below are answers to some frequently asked questions that will provide additional guidance. Q1. I am attempting to resolve my delinquent loan with PNC Mortgage. Why am I receiving this letter? Answer: PNC Mortgage is anxious to assist you. However, until we have received a!! required information from you to determine what assistance can be provided, we must pursue a possible foreclosure action. Q2. What will happen if PNC agrees to a workout option? Answer: The goal of any workout option is to prevent fhe foreclosure action from starting. The specific actions will depend on the agreed upon workout option. Q3. What can I do to make sure all relevant PNC Mortgage solutions are explored to try and assist me'? Answer: The most important thing is to maintain contact with us. If we have already sent you a workout package, complete your documentation accurately, timely, and completely. Although this does not guarantee an approval, it will help facilitate a timely decision. Q4. What should I do if I do not have all the past due amount that is required? Answer: PNC Mortgage has several options that maybe available to assist you. Please call us at 1-800-523-8654 fo talk with a representative about the available options. Q5. Will I continue to receive calls attempting to collect the past due payments? Answer: You may receive additional calls about your account. Discuss the status of the account with the caller to see if any additional information is needed. Q6. If I have questions or concerns in regards to the package 1've received, who should I contact? Answer: Please contact PNC Mortgage at 1-800-523-8654. Q7. Can I go to my local PNC Bank branch to discuss my account? Answer: We recommend you contact a PNC Mortgage representative at 1-800-523-8654 to better serve your needs. INTERNET REPRINT Y' ~J .~~',...,-. ','. r ~ FORM 1 _°; Plaintiff(s) \'$. _ G,r-~ctc~1. t ~/~ ~ h~-~ ~~~. Defendant(s) '. _ j ..,. ~; . . III' THE COURT- OF COMMON PLEAS 0~= , CUMBERLAND COUNTY, PENNSYL~rAl~ ,.°. c:.} :'::.; !a_ ~~ ( Civil r, z~ L~~ r° C.% NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE 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 foreclosw•e action, you may be able to participate in a court-supen~ised conciliation conference in an effort to resoh~e 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 twent<~ (20} days of your receipt of this notice, you must contact MidPenn Legal Sen~ices at (7 ] 7) 243-9400 extension '?~ IO or (800) 822-528& extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, yc~u mint 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 Regal representative 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 sen~ice upon you of the 1'oreclasure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunit~~ 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. _~ _... _-~ ,-- :;-. C"7' __,: , If you are represented by a IaKyer, 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 lawver 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 YOL` WISH TO SAtTE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Res ubmitted: ~l _ Date jSignature of Counsel for Plaintiff;, Sherri J. Braunstein, Esquire PA ID 90675 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROVdF.R 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 kno~~~ledge: Borrower name(s): Property Address: Cite: is the property for sale? Realtor Name: Borrower Occupied'? Mailing Address (if different) Citv: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: of people in household: State:_ lip: ~'es ^ No ^ Listing date: _Price: $_ Realtor Phone:_ Yes ^ No ^ Home; Cell: State: Zip: Office: Other: How long? Home: Cell: State: 7_.ip: How long? First Mort~a~e Lender: Type of .Loan: Loan Number: Date You Closed Your Loan: _ _ Second Mortgage Lender: Type of Loan: _ Loan Number: Total Mortgage Payments Amount. $ Date of Last Payment: Primary Reason for Default: Included Tapes & Insurance: Office: Other: 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: S $_ _ Retirement Funds: $ $_ _ Investments: $ $_ _ Checking: S $_ _ Savings: $ $_ _ Other: $ $ Automobile #l: 1v~Zodel: Amount owed: Value: Automobile #2: Model: Amount owed; Value: Other transportation. (automobiles, boats, motorc cam= Model: Year: Amount owed: Value Monthh~ Income '~?ame of Employers 1. Year: Year: __ ~ . __ ,4dditional Income Description (n.ot wages): I . monthly amount: monthly amount: Borrower Pay Days: Co-Borrower Pay Days: _ ____ _ Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortva e Food 2" Mort ~a,~e Utilities j Car Pa~nnent{s} Cnndo/Nei h. Fees Auto Insurance Med. {not covered) _ _ 'Auto fuel/re airs Uther ro ayment i 'Install. Loan Pa ~ment Cable TV ' _ '~ Child Su orC/Alien. S endin Money I ___ Dav'IChiid Care/Twit. Other Ex enses I Amount Available for Monthly Mortgage Payments Based on [ncome & E~.penses: Have you been working with a Housing Counseling Agency? Yes ^ No ^ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): _ Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? ~'es ^ 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? 1'es ^ 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 (1s;'ame): Servicing Company (Name): Contact.: Phone: 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. I/We understand that Uwe arn'are under no obligation to use the sen~ices provided b_y 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 y Proof of income 1~ Past 2 bank statements ~V~ Proof of an}~ expected income for the last -15 days ~' Copy of a current utilih• bill ~V Letter explaining reason for delinquency and any supporting documentation (hardship letter) r ~ Listing agreement (if properl3~ is currently on the market) J FORM 3 IN THE COCIR"I~ OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL,hAN1A 1'lainiiff(s) ~~fv C dc--nlC N ~ (~ vs. Defendant(s) CNLL, REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrati~%e Order dated .2012 ~,overning the Curnbcrland County Residential Mortgage Foreclosure Diversion Pragram, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this martgage foreclasure action; ^. Defendant lives in the. subject real property, which is defendant's primar}~ residence: 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken. alJ of the steps required in that Notice to be eligible to participate in acourt-supervised conciliation conference. The undersiuned verifies that the statements made herein are true and correct. 1 understand that false statements are made subject to the penalties of 18 Pa. C.S. 54904 relating to unscvorn falsification to authorities. Signature of Defendant's CaunsellAppointed Date Legal Representative Signature of Defendant l:)ate Signature of Defendant Date " 1 J 4' :., i'_~~'~~~ iri~ti, UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAIN TIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 ~ ~ ry `~~~' %' a; ~~ ~: %w, STUART WINNEG, ESQUIRE - ID#45362 ,., ~ LORRAINE GAZZARA DOYLE, ESQUIRE - ID#34576 ; '_, r , ~ , ''~"~' ' °P"~~ ~~~ ~ 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 KATHERINE E. KNOWLTON, ESQUIRE - ID#31.1713 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadinas~ udren.com PNC Bank, National Association COURT OF COMMON PLEAS 3232 Newmark Drive, Miamisburg, OH CNIL DIVISION 45342 CUMBERLAND County Plaintiff c i RANDALL V. PHELPS, JR. ~ NO. l ~- S ~~ ~ ^ U~ 8 TAYLOR AVENUE WINDSOR, VA 23487 Defendant(s) ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the following counsel: Mark J. Udren, Esquire; Stuart Winneg, Esquire; Lorraine Doyle, Esquire; Sherri J. Braunstein, Esquire; Paige M. Bellino, Esquire; Harry B. Reese. Esquire; Kassia Fialkoff, Esquire; Salvatore Carollo, Esquire; Elizabeth L. Wassail, Esquire; Agnes Mombrun, Esquire; Elana B. Flehinger, Esquire; on behalf of the Plaintiff, in the above-captioned matter. UDRE FICES, P.C. BY: Sherri J. Braunstein, Esquire NA ID 9UF,75 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 11.1 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings~~udren.eom __- -- - __ PNC Bank, National Association Plaintiff RANDALL V. PHELPS, JR.; et al Defendant(s) ATTORNEY FOR PLAINTIFF -, v ~? COURT OF COMMON PLEAS n-~ tU -~~~, CNIL DIVISION ~ ~~~~' County 'v "'`"" ~-~ Cu~S~.(,~~ s ~/M~.~ ~. MORTGAGE FORECLOSURE :~ Y Yp -~; ..t. NO. 12-5899 Civil PRAECIPE TO DISCONTINUE WITHOUT PR>H:JUDICE TO THE PROTHONOTARY: kindly mark thei above DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. DATED: ~~ ~~~ ~~ UDREN LAW OF FICES, P.C. ~. Attorney for Plaintiff ~; ,~~ MJU#: 12060624 CASE#: 1.2060624-1 Eiana i3. Flehinger, Esia PA ID 209197