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HomeMy WebLinkAbout13-0541UDREN 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 - 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 - ID#33078 WOODCREST CORPORATE CENTER 111 WOODCRE5T ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust Company, as Trustee for Fremont Home Loan Trust 2004-4, Asset-Backed Certificates, Series 2004-4 C/O Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 Plaintiff v. JACQUELINE R. BROWN 1912 RESERVOIR DRIVE CARLISLE, PA 17013 JAMES E. BROWN 1912 RESERVOIR DRIVE CARLISLE, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF +~ r, -- ~~ -~ _ _.. .;~ r~ r~' ~ ~~. r=- , .~. ~~ ~ ~ ~ :~r ~`.` ~~ C3 {~I . ~~ .tip COURT OF COMMON PLEAS CNIL DIVISION CUMBERLAND County No ~3 S~/ ~i~i~ COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. ~ Sa a~4~ ~~ aPSgo ~ ~ 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 PROVH)E 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) dial 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 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 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: Flexpoint Funding Corporation Assignee: Fremont Investment and Loan, its Successors and/or Assigns Date of Assignment: 07/13/2004 Recorded Date: 01/1.8/2005 Book/Instrument #: 714 Page: 3074 Assignor: Fremont Investment and Loan Assignee: Mortgage Electronic Registration Systems, Inc., its Successors and Assigns Date of Assignment: 07/30/2004 Recorded Date: 08/24/2005 Book/Instrument #: 720 Page: 962 Assignor: Mortgage Electronic Registration Systems, Inc. Assignee: Deutsche Bank National Trust Company, as Trustee for Fremont Home Loan Trust 2004-4, Asset-Backed Certificates, Series 2004-4 Date of Assignment: 08/05/2011 Recorded Date: 08/12/2011 Book/Instrument #: Instrument Number:201122365 Page: N/A 2. Upon. information and belief Defendant(s) and/or their predecessor: James E. Brown and Jacqueline R. Brown (hereinafter "Defendants"), are the owners of property located at 1912 Reservoir Drive, Carlisle, PA 17013 , by virtue of Deed dated 08/30/2000 and recorded 10/03/2000 in Official Records Book 230 at Page 281 of the Public Records of Cumberland County, Pennsylvania (hereinafter the "Property"). 3. On 07/13/2004 ,Defendant(s) and/or their predecessor: JAMES E. BROWN promised to pay to the order of Flexpoint Funding Corporation, the principal sum of $87,750.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 07/13/2004 ,Defendant(s) and/or their predecessor: JACQUELINE R. BROWN AND JAMES E. BROWN to secure the Note, mortgaged to Flexpoint Funding Corporation, the Property which is the subject of this action. The Mortgage was recorded on 07/20/2004 in Official Records Book 1874 at Page 1123. 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. Said mortgage is in default in that the payment due 02/01/2011, and all subsequent payments have not been made, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with the other charges authorized by said Mortgage and itemized below, shall be immediately due. After demand, the Defendant(s) continues to fail or refused to comply with the terms of the Mortgage as follows: (a) By failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) By failing or refusing to pay other charges, if any, indicated below. The following amounts are due on the said Mortgage or modification agreement as of the date stated below Unpaid Principal Balance $81,944.54 Accumulated Interest $11,450.61 Accumulated Late Charges $307.78 Escrow Deficit/(Reserve) $12,250.28 Title Report $300.00 Attorney Fees $1,650.00 Other Suspense Balance $-41.22 Property Valuation/BPO $876.00 Property Inspections $73.50 Prior Servicer Fees $1,197.00 Property Maintenance $40.00 Grand Total $110,048.49 The above figures are calculated as of 11/19/2012: 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 7.75000 %. The per diem interest accruing on this debt is $16.83 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 $31.57. 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 $110,048.49 plus ongoing interest, costs and attorneys fees and for sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. BY: VERIFICATION The undersigned states that e she is authorized to make this verification on behalf of the Plaintiff, and that the facts set orth 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: ~_1 7 ~ Zdl 3 ame: .lavier Rivera Title: Contract Management Coordtnstpr Company: Ocwen Loan Servicing, LLC as Attorney in Fact for Deutsche Bank National Trust Company, as Trustee for Fremont Home Loan Trust 2004-4, Asset-Backed Certificates, Series 2004-4 MJU #: 11120835 CASE #: 11120835-1 -TRANSFER LEGAL DFSCRIP'ITON ALL THAT CERTAIN tract of land with the improvements thereon erected in North Middleton Township, Cumberland County, Pennsylvania, bounded and described is accordance with a plan prepared by Stephen G. Fisher, RS., dated January b, 1984 and recorded in the Uffice of the Recorder of Deeds for Cumberiand County, in Plan Book 4S, Page 43, being a re-subdivision of Lat Nos. 2 and 3 of Section 8 of Nall Manor, as recorded in Plan Book 23, Page 1.32. BEGINNING at an iron pin, 25 feet from the centerline of Reservoir Drive at corner of Lot Na. 1, Section 8, NaU Manor; thence along Lot No. I, Section 8, South 86 degrees 40 minutes West 143.19 feet to an iron pin; thence aMng Loi Nos. 94 and 93, Section 12, Noll Manor, North 03 degrees 2D minutes West 107.32 feet to a point; thence sWl along Lot No. 93 of Section 12, Nall Manor, North OS degrees West 10.00 feet to a railroad spike; thence along Lot No. 3, Section 8, Nei! Manor, North 85 degrees East 141.50 feet to a railroad spike at a point 25 feet from the centerline of Reservoir Drive; thence along the western edge of Reservoir Drive, South OS degrees East '70.03 feet to a point; thence still along the western edge of Reservoir Drive, South 03 degrees 20 seconds East 51.43 feet to an Iron pin, the Flace of BEGINMNG. BEING Lot No. 2, Section 8, Noll Manor and containing 17027.455 square feet and being improved with an existing brick dwelling, block building, etc., known as 1412 Reservoir Drive, Carlisle (formerly known as 1903 Reservoir Drive, Carlisle). ~~ ~ 8~~~~ ~ ~,~~ Septembea• 25, 2012 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided. in the attached pages. ~'he HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour home. This Notice explains haw the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agencv. The name, address and phone number of Consumer Credit Counseling Agencies serving vour County are listed a.t the end of this Notice. If. you have any questions, you may call the Pennsvlvania Housing Finance Agency toll free at 1-800-342-2'i97 (Persons with impaired hearing can call (7.17 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD.IUNTO ES DE SUMA IMPORTANCIA, DUES AFECTA SU DERECHO A CONTINUAR VIVIEl~TDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA L'NA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA tiN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SLT CASA DE LA PERDIDA DEL DERECFIO A REDIMIR SU HIPOTECA. EXHIBIT A HOMEOWNER'S NAME(S): James l:. Brown .Jacqueline R._Brown PROPERTY AllDRESS: 1912 Resevoir Dri~~e Carlisle, PA 17013 LOAN ACCT. NO.: 70923b3741 ORIGINAL LENDER: FLEXPOINT FUNDING CORPORATION CURRENT I:~ENDER: Deutsche Banlc National Trust Company, as Trustee for Fremont Home Loan Trust 2004-4, Asset-Backed Certificates, Series 2004-4 H®ME4WNER'S EMERGENCY M4RTG~-9.GE ASSISrI'~NCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU 1VIAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT IIAS BEEN CAUSED BY CIRCUIVISTANCES BEYOND YOUR. CONTROL, iF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PA1' 'FOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTI-IEIt ELIGIBILITI' 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 7th one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF _THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling 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 designated consumer credit ~unseling agencies for the county in which the~roperty i~ 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 inforniation about the nature of your default.) To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded 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 POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE A,'VD FILE AN APPLICATION WITH PHFA WTTHfi 30 DAYS OF THAT MEETING. TIIEN TFIE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAIlVST YOUR PROPERTY, AS EXPLAINED ABOVE, IN TIIE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU kIAVE THE RIGI-IT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATIOI!' WII.L NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALI.,Y APPROVED AT ANY TIME BEFORE. A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available fields for emergency mortgage assistance are very limited. They will he disbursed. by th.e Agency under the eligibility criteria. established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure pxoceedings will be pursued. against you if you have met the time requirements set forth above. You will be notified directly by the :Pennsylvania ITousing 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 7'O COLLECT THE DEBT. (If you have filed banlu-uptcy ,you can still apply for- Emergency Mortgage Assistance.) HO~V ~'O CURE 'YOUR MOR~'GAGE DEFAUI,'I' (Bring it up to date). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender arl your property located at: I912 Resevoir Drive Carlisle, PA 17013 IS SERIOUSLY IN DEFAUL'T' because: A. YOU ILA~T NOT MADE MONTHLY MORTGAGE PAl'h~ENTS for the following months and the following amounts are now past d.ue: Monthly Payments of $708.78 for February 1, 2011 = $708.78 Monthly Payments of $689.12 for March 1, 2011 through August 1, 2012 = $4,1.34.72 Monthly Payments of $689.11 for ;September 1, 2011. through February 1, 2012 = $4,134.6b Monthly Payments of $708.22 for March 1, 201.2 through August 1, 2012 = $4,249.32 Monthly Payments of $70192 for September_1, 2012 = $701.92 Total Late Charles $402 49 Other charges (explain/itemrze): Property Inspection Fees = $63.00 Property ~raluation FeesBPO = $876.00 Suspense Balance/Credit = ($41.22} TOTAL AMOUit'T PAST DUl/ $i5~7 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not. use if not applicable): N/A FIOW TO CtTRE THE llEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DI1E T® THE LENDER. WHICH IS $15,229.67, PLUS ANY MORTGAGE PAYMENTS AND LATE CI-IARGES WHICH BECOME DUE DURIIv'G THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check, certified check or money order made payable and sent to: Udren Law Offces, P.C. Woodcrest Corporate Center 11.1 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 DEFAU'L,T -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mort~a~e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mort;a~ed 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 tlae delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney`s fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER RER'IEDIES -- 'Che lender may also sue you personally for the unpaid. principal balance and all other sums due under the mortgage. RIGHT TU 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, ou still have the r~ht to cure the default and prevent fhe sale at any tithe up to one how' before the Sheriff's Sale.. You may do so b~,paying the total amount theupast due,L~lus an~~ late or other chaises then due, reasonable at~torney`s fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing_anv other requirements under the mort~ai?e. Curing your default in the manner set forth in this notice wits restore ,your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- 1t is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent io you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You clay 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: Ocwen Loan.Servicing, LLC Address: 1661 Worthington Road West Palm Beach, FL 33409 Phone Number: (877) 596-8580 Fax Number: Contact Person: Customer Service E-Mail Address: EFFECT OF SHERIFF'S SALE -- Yau should. realize that a Sheriff s Sake will end your ovv~tership of the mortgaged property and your right to occupy it. 7f you continue to live in. the property after the Sheriffs Safe, 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 wha will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. NOTICE The amount of vour 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. IJnless ,you notify us within 30 days after receipt of this Notice and the attached document that the va}idity of the stated debt, or any portion of it, i.s disputed, we wi}I 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 oa• 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 well 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, «~e will then continue the collection of your debt. This law firm is deemed to be a debt co}}ector and this Notice and the attached document is an attempt to collect a debt, and any information obtained wil} be used for that purpose. I/DREN I.AW OFFICES, P.C. /s/ Mark 1. Ildren, ]Esquire Woodcrest Corporate Center l 11 Woodcrest Road, Suite 200 Cher2-y Hill, NJ 08003-3620 (856) 669-5400 YOU MAY ALSO HAVE THE RIGHT: • "IO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TU BORROW MONEY FROM ANOTI-IER LENDING INSTITUTION TO P.4Y OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD P_/-ARTY AC"PING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSI'T'ION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YUU DO NOT DAVE THIS RIGHT T'O CURE YOi.R DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.} • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN Ai~ZT 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. • TD SEEK PROTF.,CTION UNDER THE FEDERAL BANKRUPTCY" LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Cumberland HEMAP Consumer Credit Counseiing Agencies CUMBE12LA1\'D Caunty Report las*, undated 0&!i?/2072 11:2h A.yi Community Action Commission of Capital Rebion 1514 Derry Street ilarrisburg, PA 17] 64 717-232-977 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-SI1-2227 Maranatha 43 Philadelphia Avenue Waynesboro, PA 172G8 717-762-3285 PA Interfaith Communit, Programs [nc 40 E High Street Gettysburg, PA 17325 717-3341518 PI-11: A 211 North Front Street I-Iarrisbure. PA > 7110 717-780-3940 800-342-2397 ~` ~ _~ ~ \.1 ~s I ~ `,'"~ ; ~, .'~ ~ _ ' ~~s Pl~~s gr~° jxi t ~fi ~ .° ~~ Y _ . h~EE ~~25 ~I~ E ~CI E3h9'C E`CCI~. ~ e~~ ~- v~~-~ F =~~ _. ~. „~~ so~a~~ ~,~, ~-j,,~ ~ ~.; ry,~~ ~~,~~lJ ~ ,n'~t~ ~,~ t,N~^., 3i b~G~?~i,)`~ .LS~2~ Jas ..... '~'J `~~ti~f~~~ iu1~~ €d~2?f7i~ .. ...... I . ~.f. t '' ^ Cgmptete ttsms 1. a, and 3. Aiso complete item 4tf Resirfcted Delivery is desired. ^ Print your name and address on the raverse so that we can return the card to you. ` ^ Attach this card to the back of the maiipiece, or on the front if space permits. 7. A~rticia Addressed to: ~ ~~ 7 1 '.~i~S~a~J iii ~ ~i l`1\ A. Signature X (~ Agarn _~ O Addressee B. Raceived by (Prtnted Name) C. Date of Delivery D. !s delivery address different from item 1? ©Yes if YES, enter delivery address below: ^ No 3, ice Type /~ Certified Malt E3 Expras9 Mall ~~'J j- • "~ C7 Registered ~ Retum Receipt for Merchandise {~~~'''~ ~~ ~ Y t ~~ i"`~ .~ ^ InsuredMaii ^ C.O.D. i d. Restricted Delivery? (6ctra Feel p Yys 2. Article Number ~~~~~, ~b~~ ~Q~~ 5278 3374 (transfer from serv/ce labs!) P5 Form 3811, February 2004 Domestic Return Receipt t025s5-02-M-1540 ~~ I~ml.v~~ -t~uSi- aoc4-y , A~s~>et-~ckz.~ Plaintiff(s) ~5. ,~ ~~~t ~nQ '~. ~f d~Jn Jc~mQS f , a~c;,~n Defendant(s) FORM 1 IN THE COURT OF COMMON PLEAS C?F < CUMBERLAND COUNTY, PENNSYLVA]'~4 ~. _ ~~ .~,t ~ ~•... ~ NOTICE OF RESIDENTIAL MORTGAGE FORECL4S~R~ DI`-~ERSION 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 propem 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 S~au do not ha~~e a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within tvvent<r (20) days of your receipt of this notice, }rou must contact MidPenn Legal Servi;:es at {7 ] 7) 243-9406 extension ?~ 10 or (800) 822-5288 extension 25 i 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 most provide the legal representative with all requested financial information so that a loan resolution proposal can he prepared an 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 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 vour lender before the mortgage foreclosure suit proceeds forward. If you are represented by a layer, you and your lav~yer must take the following steps to be eligible for a concikistion conference. It i 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 complete a financial worksheet in the format attached hereto, vour lawyer will prepare and file a Request far Conciliation Conference with the Coun, which must be filed with the Court within silty (60) days of the ser~~ice upon you of the foreclosure complaint. if you do so and a conciliation conference is scheduled. you v~~ill have an uppv%iinitV tG i"ileci wiiii a ripreSentaiiVe ~%i ,'tiui 'Giii+°vr irl air .. tG ....• ~ -.... ••.,-a•,••,- ~ --••-- ~ •••~•• with vour lender before the mortgage foreclosure suit proceeds forn~ard. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. 5 ~ Date Respeetfullti~ submitted: [Sienature of Counsel for Plaimif ~~jL. ~ /IIQ i ~ ~ (~ 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 knowledge: Borrower name(s): Property Address: C1t}-: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different) City: Phone Numbers: Email: # of people in household: State: Z.ip: Yes ^ No ^ Listing date: Price: $_ Realtor Phone:_ Yes ^ No ^ Home: Cell: How long? Mailing Address: City: Phone Numbers: Home: Cell: Email: # of people in household: State: Zip: State: Zip: Office: Other: Office: Other: 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: Priman~ Reason for Default: Included Taaes & Insurance: is the loan in Bankruptcy? Yes ^ No ^ If yes, provide names. location of court, case number & attorney: Assets Amount Owed: Value: ' Horne: $ $ Other Real Estate: $ _ $ Retirement Funds: $ _ $ Investments: $ _ $ Checking: $ - $ Savings: $ _ $ Other: $ $ Automobile #l :Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles boats, motorcycles: Model: Year: Amount owed: Value_ Monthly lncome Name of Employers: 1. - Addixional Income Description (not wages): 1. monthly amount: monthly amount: Borrower Pay Days: Co-Borrower Pay Da}~s: MonthlY~ Expenses: (Please only include expenses you are currentl} paying) EXPENSE AMOUNT EXPENSE AMOUNT MortQa~e~ Food ~ ~"" Mort lay=e Utilities Car Pavrr-ent(s) Condo/Nei h. Fees _~ Auto Insurance Med. (not covered) Auto fuel/repairs Other ro a ment install. Loan Payment Cable Tti' '"n;:e ~iunnOrL' G Ilm i Cne~:d:n° "~~~;~P~; I, Day/Child Care/Tuit. __ Other Ex erases I Amount Available for Monthly Mortgage Payments Based on Lncome & Expenses: Have you been working with a Housing Counseling Agency? .-, ~'es ~! No If yes, please provide the following information: Counseling .Agency: Counselor: Phone (Office): Fax:_ Year: Year: Email Have you made application for Homeowners Emercencv Mortgage Flssistance Prov~<<rm (HEM.4P) assistance? Yes ^ No ^ Ifyes, please indicate the status of the application: Have you had any prior negotiations ~~rith 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 yrour lender or lender's loan servicing company: Lender's Contact (I~Tame): Servicing Company (Name): Contact: Phone: Phone: I~~; e ,authorize the above named to use/refez• this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. 1`W'e 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 fon~~ard this document along with the following information to lender and lender's counsel: Proof of income 1+~ Past 2 bank statements V Proof of any expected income for the last 4~ days 1~ Copy of a current utility bill 'V Letter explaining reason for delinquency and any supporting documentation (hardship letter) ti~ Listing agreement (if property is currently on the market) FORM 3 LaMpa~y~~-~~~ ~t~`~~-~ F0C ~«'~~~ ~~"'M~ : IN THE COURT OF COMMON PLEAS C)F Loo~~ ~rUs} 1"~ ~~'`~'~-~~~~ :CUMBERLAND CULTNTY. PEN?~Sy'I,VANIA CeC k`~ ~~-°`+~`~ ~`~~-~ ,eS ~+~b~'`~ plaintiff(s) vs. Sac~t~~~;ne ~. afo~~ l ~cv~-~S ~ . ~?fc~ "~ n Defendants} C1 Vl_I. REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated . 20 i 2 governing the Cumberland Count<~ Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follo~-s: 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 Pro<~ram" and has taken all 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. Sinnature of Defendant's Counsel/Appointed Leal Representative Date 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 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 - ID#33078 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(a~.udren.com _ _ _ _ _ _ _ _ _. Deutsche Bank National Trust Company, as Trustee for Fremont Home Loan Trust 2004-4, Asset-Backed Certificates, Series 2004-4 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409 Plaintiff v. JACQUELINE R BROWN 1912 RESERVOIIt DRIVE, CARLISLE, PA 17013 JAMES E. BROWN 1.912 RESERVOIIt DRIVE, CARLISLE, PA 17013 Defendant(s) ENTRY OF APPEARANCE TO THE PROTHONOTARY: ,~_; t,..» s~ ~ z,_ w°~.; -"j w ~r''' ,, ~-- ~ -~ r., ~ cn - ~ -: --~ , ~ -~ ~ ~; .~ ~ _.. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County No. 13 - Sal1(t ~t 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: ~~~~~~ ~/~-~ ~~