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HomeMy WebLinkAbout12-7666UDREN 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 - II3#310530 ELIZABETH L. WASSALL, ESQUIRE - D3#77788 AGNES MOMBRUN, ESQUIRE - ID#309356 ELANA B. FLEHINGER, ESQUIRE - ID#209197 KATHERINE E. KNOWLTON, ESQUIRE - ID#311713 NICHOLAS GAUNCE, ESQUIRE - ID#206228 JOHN ERIC KISHBAUGH, ESQUIRE - ID#33078 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Ocwen Loan Servicing, LLC C!O Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Patin Beach, FL 334(19 Plaintiff JEAN V. HARLIN 505 GREASON ROAD CARLISLE, PA 17013 JAMES D. HARLIN, JR. 505 GREASON ROAD CARLISLE, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF ~~ ~ ~ ~ ~ ~ x~ r n r ~ ~„ ~' ~~? ~ a~• _~ .~ .~ 'x' -< COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND County 12~ 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 aze served, by entering a written appeazance 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. 1o3.~~d a~ ~a~s3~ THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT IIIRING A LAWYER. 1F 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 cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dies de plazo al partir de la fecha de la demanda y la notification. Hate falta as~centaz una compazencia escrita o en persona o con un abogado y entregaz a la cone en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la Corte tomaza medidas y puede cantinuaz la demanda en contra suya sin previo aviso o notification. Ademas, la cone 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 paza usted. LLEVE ESTA DEMANDA A UN ABOGADO IlVIMEDIATAMENTE, 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 ASLSTENCIA 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: Flagstar Bang, FSB Assignee: Countrywide Home Loans, Inc. Date of Assignment: OU18/1999 Recorded Date: 06/14/1999 Book/Instrument #: 615 Page: 1080 Assignor: Countrywide Home Loans, Inc. Assignee: Ocwen Loan Servicing, LP Date of Assignment: Recorded Date: Book/Instrument #: Page: 2. Upon information and belief Defendant(s) and/or their predecessor: Jean V. Harlin and James D. Harlin, Jr. (hereinafter "Defendants"), are the owners of property located at 505 Greason Road, Carlisle, PA 17013, by virtue of Deed dated 07/17/1990 and recorded 07/19!1990 in Official Records Book R34 at Page 447 of the Public Records of Cumberland County, Pennsylvania (hereinafter the "Property"). 3. On (12/03/1998, Defendant(s) and/or their predecessor: JEAN V. HARLIN AND JAMES D. HARLIN, JR. promised to pay to the order of Flagstar Bank, FSB, the principal sum of $150,000.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 02/03/1998, Defendant(s) and/or their predecessor: JEAN V. HARLIN AND JAMES D. HARLIN, JR. to secure the Note, mortgaged to Flagstar Bank, FSB, the Property which is the subject of this action. The Mortgage was recorded on OZJ13/1998 in Official Records Book 1431 at Page 863. 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!2012, 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 $115,905.02 Accumulated Interest $6,952.68 Accumulated Late Charges $103.60 EacroN Deficit/(Reserve) $1,646.52 Title Report $300.00 Attorney Feea $1,650.00 Property Inspections $52.50 Prior Servicer Fees $50.00 Grand Total $126,660.31 The above figures aze calculated as of 11/28!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 7.37500 %. The per diem interest accruing on this debt is $22.75 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 $51.80. 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 $126,660.31 plus ongoing interest, costs and attorneys fees and for sale of the Mortgaged prermses. UDREN LAW OFFICES, P.C. BY: -~ i ~ KASSIA FIALKOFF, ESQUIRE PA ID 310530 VERIFICATION The undersigned states that h he is authorized to make this verification on behalf of the Plaintiff, and that the facts set forth in the foregoing pleading aze true and correct to the best of the information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Name: JoAnne R. Patterson Contract Management Title: Coordinator Company: Ocwen Loan Servicing, LLC MJU #: 12080696 CASE #: 12080696-1-Ocwen Loan Servicing, LLC ~ i .i' i ~ ~ ? EXHIBIT A ALL xHAT C$RTAIN tract of Land with any improvements thereon erected, situate in WEST PENNSBURO TO'1liJ3HIP, Cumberland County, Pennsylvania, more fully bounded and described as follows: BBGI3iPtING at a railroad spike set in the centerline of treason Road (T-451} at the dividing line between Lots 1 and ~ an t$e hereinafter mentioned Subdivision Flan; thence within the right-of-way of said t3reason Road, iioxth Chirteen (13j degrees thirty (301 minutes eighteen (1&) seconds West, three hundred eighteen and seventy-three one-hundredths {318.73) feet to a point in the centerline of said treason Road; thence within said right-of-way, North twenty-four (24) degrees twenty-six (261 minutes fifty-three {53) seconds East, fifty-eight and nineteen one-hundredths (58.19} feet to a point in the centerline of said treason itoad~ thence continuing within the sa3.d right-of-way, North sixty-one (61) degrees seventeen (17) minutes thirty-four 934) seconds Bast, sixty and ninety-eight one-hundredths (60.98) feet to a point set in the centerline of said treason Road; thence within said right-af-way, North seventy (701 degrees fifty-seven (57j minutes thirty-five {35} seconds East, one hundred fifty-five and twenty-seven one-hundredths (155.27} feet to a railroad spike set in the aentexline of said right-of-way; thence aloxsg lands nJf of William L. Rynard, South three (3} degrees twenty-sevaxt 927} minutes forty-seven (47} seconds East, three hundred ninety and seven one-hundredths (390.07) feet to an iron pin; thence along the dividing line between Lots 1 and 2 on the hereinafter mentioned Subdivision Flan, South seventy-two (72} degrees fifty-two (52) minutes one (1) second West, one hundred eighty-one and fifty-three one-hundredths (181..53) feet to a railroad spike, the place of BBtINNINt. BBINC3 designated as Lot too. 1 of the Final Subdivision Plan for Thomas t`t. Place anal Laurence B. Norton, II, prepared by Bugene A. Hockensmith, professional Land surveyor dated June 30, 1987, and recorded in the office of the Recorder of Deeds in and for Cumberland County, in Plan Book 53, Page 136. BBINt3 the same premises which Peter Briggs, single mars and Wendie Bonham, single woman and Thomas M. Place and Grace D`Alo, husband and wife, and Laurence E. 1~ozton, II and Helen 8. Norton, husband and wife, by Reed bearing date the x7th day of July, 1990, and recorded in the Office of the Recorder of heeds in and fox Cumberland County, Pennsylvania, on the 19th day of July, 1990, in Record Book R-34, Page 447, granted and conveyed unto James D. Harlin, Jr. and Jean V. Harlin, husband and wife. UIdDBR AND SUBJECT TO restrictions, covenants, conditions and easements as now appear of record. TAX AfAP 46-08-0583-OlOH __..__ StatBQf Penney{VSffie County of Camberland~ ~ 86 ReOOrded i the office #or the rectuding of leads ecL and f land Cau i{y C3ei"i , PA t-~,~,.~r day of f~^~ .,s _ October 26, 2012 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) enay be able to he[p to save voeer home. This Notfce explains how the program works 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 leafed at the end of this Notice. If yoa have any questions, von may call the Peeensylvaeewt Hoeeae~eeg Hance ~~cv tog free at 1..g00-342 2397 (Persons with ienaaired 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 ezplain it. You may also want to contact an attorney in your area. The local bar associati,~ may be able to hells you fmd a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IPVIPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDTI'AMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOW'NER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMII2 SU HIPOTECA. EXHIBIT A HOMEOWNER'S NAMES}: PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: James D. Harlin, Jr. Jean V. Harlin ------ -------___.__~____T_.__-_.__--__..__ _......--___-____ 503 Greason Road _Carlisle, pA 17013 7130[102004 - __________..---------.-_~---_-__-. FLAGSTAR BANK, FSB, A MICHIGAN -_--- ~ ___ CORPORATION __ Ocwen Loan Serviain~LLC~-~_ _~ _- ^_- _~ HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM _YQU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR ROME 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 PASS, AND IF YOU MEET OTHER ELIGIBILITY REQUIItEMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30} days from the date of this Notice (plus three (3}days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TRIS MEETING MiiCT tlf'f'iiD wr7~crtt-t T~rmv •...,r..~,t, ..._. ~ . ___ _ MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OFyTHIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of desi ted consumer credit counselin a encies for the coon in which the 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.) To do so, you must fiII out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwazded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS 4R1Ri.F., IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE ~D FILE AN APPLICATION WITH PHFA WI'T`HIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILL A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT Alr"Y TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WII.L BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria establisHed by the Act. The Pennsylvania Housing Finance Agency has sixty (64) 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) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 505 Greason Road Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments of $1,365.58 for March 1, 2012 through Apn'I 1, 2012 = $2,731.16 Monthl~+ Pa eats of $1.5_i__51.25 for Mai ii 2012 througth October 1, 2012 = $91307.50 V~Late~iCh~es = $183.60_ _ _ ~ _ ^ __ _--`~ Other charges (explain/rtemize): Property Inspection Fees =$42,00 _~__ _-_-_-^ ~_.___~_ --- __TOTAL AMOUNT PAST DUE: Si2~.26 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A 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 TIIE LENDER, WHICH IS $12, l 84.26, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either by cash. cashier's check certified check or money order made payable and sent to Udren Law Offices, P.C. Woodcrest Corporate Center 111 Woodcrest Road Suite 200 Cherry Hill, NJ 08003-3620 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable ): N/A IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the }ate of this Notice, the lender intends to exercise its rights to acceiem#e 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 THIItTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose anon your morteaeed 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 $SQ.00. However, if legal proceedings are started against yau, you will have to pay ail reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Arty 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 clot be required to pay attorney's fees. OTHER LENDER P;DIES -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 ri t to cure the default and prevent the sale at any time up to one hour before the Sheriffs. Sale. You ma do sob ~ the total amount then ast due lus an late or other c then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Shenff's Sale as sc~ecified to wrritr-Q by the lender and by performing any other requirements under the mortaaQe. Cunng your default ut the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST pO~IgLE 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 appxoximatelY 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 Lender. HOW TO CONTACT THE LENDER: Name of Lender/Servicer: Address: Phone Number: Fax Number: Contact Person: E-Mail Address: Ocwen Loan ServicingLLLC _`---~-_-------..___._.... 1661 Worthington Road Suite 100 West Palm BeachzFL 33409 -_________-.~_------_-_--- 477_GO~stSR~ _ --------__._.._ dM_7Z7_Sh9'; __~~.p__~ 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 have the right to transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges anal attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 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 yon, 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 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 'T`IMES IN ANY CALENDAR YEAR.) • TO ASSERT THB 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 CUMBERLAND COUNTY FTEMAP Consumer Credit Counseling. Agencies CUMBERLAND County Retort last v~w~: osn mo ~ 2 r t :26 nM Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717-232-9757 CCCS of Western PA 2000 Linglesiown Road Hamsburg, PA 17102 888-511-2227 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717-762-3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717-334-1518 PHFA 21 I North Front Street Harrisburg, FA 17110 7I7-780-3940 800-342-2397 '~O~JOGREST C:t4fti~%~k:;i~E CENTER ' ~ 1 W©OOCF~EST +~GAO :i~ERRY HILL, NJ U6u03 7011 3500 0 '`~# ~. ~'~,~4 ~ ~u,'TG; zo~2 001 5620 7262 ; ~~~ :~- ~: x US l~E7S ~AisE i ~arn-e.~ ~ ~(c~.c,l~n. 505 ~-,c~~ c~~c ~~. C~1~~., P~- ~7v~~ ~ ~ eM lteerrta t, 2, and 3. quo corflplate Raetricted bepvery Is desired. ^ so that we cah return~r~ on the reverse • Attach this card to the card tO you. or on the front it space~k of the m~Iipiece, Pe-rrtits. t . X18 Addressed to: 5~ 5 lTi(~Q ~~„~~ ~~ . ~~t,~c1r'.b,,~~ 1 ~~ l7L~r3. R.ciw,.d D tneurod MaN 2. Artkie Nurnper 4. Restricted Deliveq Cr~rrrorn~j ?a11, 3S~^ ^007~ 5620 ~ PS Form 381'1. February 2004 DOl~bo Retum Receipt A. Slpr~ X ~ B. Receiy~ t,y (Hinted Nemej C. Da~ of ~. ~ ~~r »ddres. if v>=s, eM.r deu ' ~, ~~ D vee ~W: O No O c.o o apt ror iu ~p ~,e ~ 0 }'e$ ?262 t02b85.~.~,t.1S40 i 3. o c«t+rtd "ar ~ ~ r WOOL7CRESl t,vtt~L~r;A.TE CENTER '~11 WOODCf~~:~`~' ROAD GHERFtY NlLL, lV,t ~8:iu3 1'~~v~ac~-~ ~a~t-t~p~- 7011 3500 0001 5620 7255 ~~ v. ~-(C~ul. ~ . X05 G~~c~~n~ ~. Cc~l i,a~e; pA r7o13. .. ~ . ~ ~ ~~.~~a +r'yy,~` k a 10/26(2012 Ua POSTEtGE .. M..-,.;. ^ compiete new i, 2. and 3. ~Iso ~p~ A. sl~awre a Aa~+t nem 4 if Restricted Delivery fs leaked. X ^ Addressee ^ Print your Hants and address on the reverse so that we can return the card to you. Prated ~ B. Received by C. Date of Delivery ^ Attach this card to the back of the maltplece, or On the front if space permits. Is deWvaY edrkdss dUfaent horn ftem 1? D ^ Yes 1. Article Addressed to: . If YES. enter delNerY address below: ^ No ~,~ v. ~~C~.~.I~~n , V ~ ~~~ IJ f ~~ ~ + 3. Service 15+pe a O Expess tvieN uR C.J • a O Certified p Reyhbsred O Return Receipt far MerchendUe ~//} j U Fee) t E C7 Yea ra x a. Restricted Da~retyT ( 2. AruckNumb~ 70y~, 3504 4001 5620 7255 (Trarlsfier from aervfce tat»p Domestic Aetum Rer~lpt s PS Form 3811, February 2004 tt>Zb95.Ofd•M-1540 FORM 1 ~~ C.ac~r1 ~eru~c~n9~ (,l,C Plaintiffs} vs. ~~ v. I~,rl~~~ Ja,~ Q. i~~1~~~~a i,t(s> w IN THE COURT OF COMMON PLEA ~~-~ ca CUMBERLAND COUNTY, PENNSYL A ~~ t'J -t~' D x~ `~ J r~ n, n ~ r ~~ ~ lX`~iJtl '' x s ~~ ~O ~~, ~~ NOTTCE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PRl7-GRAM 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 acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If ,yon do not have a lav~yer, 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 25 t 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 hereto, the legal 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 foreclosure complaint. If you do so a~td 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 coneiiiatian conference. It is not necessary for you to contact MidPenn Legal Service far 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 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. ]f you do so anal 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. Respectfully submitted: ~ 2 ----------~ Date ~S~gn~iit-re o~ounsel for Plaintiff! KASSIA FIALKOFF, ESQUIRE PA ID 310530 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different) City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: State: Zip; Yes ^ No ^ Listing date: Price: $ Realtor Phone: Yes ^ No ^ Home: Cell: Office: Other: State: Zip: How long? Home: Cell: Office: Other: State: Zip: How long? First Mortgage 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 Taxes & Insurance: Is the loan in Bankruptcy? Yes ^ No ^ 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: 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: sear.: Amount awed: Value: Other transr~ortation (automobiles boats motorc~cles~• Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. -, ~. Additional Income Description (not wages): l • monthly amount: monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE .Mort a e AMOUNT EXPENSE Food AMOUNT 2° Mort a e Utilities Car Payment(s) C~ndo/Nei h. Fees Auto Insurance Auto fuellre airs Med. not covered) Other ro a ent Install. Loan Pa •ment Cable TV Child 5u ort/Alim. S endin Mone Da /Child CarelTuit. Other Ex en es Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ^ No If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): per: 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 (l~Tame): Fhone: 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 passible mortgage options. I~'We understand that Uwe arn,'are under no obligation to use the services provided by the above named. Borrower Signature Co-Borrower Signature Date Date Please forward this document along with the following information to lender and lend_err's counsel: ~V Proof of income 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 - r (hardship letter) V Listing agreement (if property is currently on the market} FORM 3 ~~~~ lr.~,n ~er~-~; n9, C,LC: 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYI..VANIA Plaintiff(s) vs. ~~S ~- ~~~ 1,nI~e~e dant s ~) CIVII. REQUEST FOK CONOILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Pro as :follows: l~ the undersigned hereby certif es 1. Defendant is the ow~.ier of the real property which is the subject of this mortgage foreclosure action; 2. 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 ali of the steps required in that Notice to be eligible to participate in acourt-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. X4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel!Appointed ~ Date Legal Representative Signature of Defendant Date Signature of Defendant 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 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#311713 NICHOLAS GAUNCE, ESQUIRE - ID#206228 JOHN ERIC KISHBAUGH, ESQUIRE -1D#33078 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Dleadin.gs(a~ndren_onm Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409 Plaintiff v. JEAN V. HARLIN 505 GREASON ROAD, CARLISLE, PA 17013 JAMES D. HARLIN, JR 505 GREASON ROAD, CARLISLE, PA 17013 Defendant(s) ENTRY OF APPEARANCE TO THE PROTHONOTARY: ~ ` '"~? - --~ ~ -r; ~'"~ ~ n "o~-~s p N pC` z -~ ~o = ~ -f ~ ~ ~ p ~. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County ~t~~, NO. ~ ~O ~~~ Kindly enter the appearance of the following counsel: Mark J. Udren, Esquire; Stuart Winneg, Esquire; Lorraine Gazzara 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; Katherine E Knowlton, Esquire; Nicholas Gaunce, Esquire, and John Eric Kishbaugh, Esquire on behalf of the Plaintiff, in the above-captioned matter. UDREN LAW OFFICES, P.C. ~- BY:_~~~ KASSIA FIALKOFF, ESQUIRE PA ID 31Q534 OCWEN LOAN SERVICING LLC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION—LAW NO. 12-7666 CIVIL JEAN V. HARLIN and JAMES D. HARLIN, Defendants MORTGAGE FORECLOSURE ORDER AND NOW,this day of April, 2013, following conciliation conference, it appearing that the defendants may no longer be residing in the subject premises, conciliation is herewith continued generally pending receipt of a motion for the removal of this case from the conciliation program and the termination of stay. BY THE COURT, Kevi/ Hess, P. J. /Nathan Wolf, Esquire 10 West High Street Carlisle, PA 17013 For the Plaintiff /Paul M. Ferguson, Esquire 129 South Pitt Street Carlisle, PA 17013 For the Defendants :rlm C= _ -r LC �._ Cnn rr; Cn C) F� UDREN LAW OFFICES,P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD,SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 plead!Rgs_@udren.com Ocwen Loan Servicing,LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. Cumberland County JEAN V.HARLIN;JAMES D.HARLIN,JR.; MORTGAGE FORECLOSURE C- et al ! w+b Defendant(s) � Q C-- - NO. 12-7666-CIVIL r- r") ZD PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE ' TO THE PROTHONOTARY: Kindly mark the above DISCONTINUED WITHOUT PREJUDICE,upon payment of your costs only. DATED: " UDREN LAW OFFICES,P.C. BY: Atto y r PI /� jWl HA aY B. ESI; * P D 31 05 MJU#: 12080696 CASE#: 12080696-1