Loading...
HomeMy WebLinkAbout13-6650 A - Supreme Co ; , nnsylvania Cou CO l2 o leas For Prothonotary Use Only: • t Docket No: lCST� Cu County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or otherpapers as required by law or rules of court. Commencement of Action: S M Complaint ® Writ of Summons Q Petition ® Transfer from Another Jurisdiction Q Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T The Bank of New York Mellon f /k/a The Bank of New Yo9 Dennis Van Bomel a /k/a Dennis G. Van Bomel et al; Dollar Amount Requested: Qwithin arbitration limits I Are money damages requested? ®Yes No O (check one) la outside arbitration limits N Is this a Class Action Suit? O Yes EM No Is this an MDJAppeal? (3 Yes IM No A Name of Plaintiff /Appellant's Attorney: John Kishbaugh Esq. 3so z ® Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Q Intentional l3 Buyer Plaintiff Administrative Agencies 13 Malicious Prosecution ® Debt Collection: Credit Card ® Board of Assessment ® Motor Vehicle ® Debt Collection: Other Q Board of Elections [3 Nuisance Dept. of Transportation Q Premises Liability 0 Statutory Appeal: Other S Q Product Liability (does not include E mass tort) Q Employment Dispute: ® Slander/Libel/ Defamation Discrimination C © Other: ® Employment Dispute: Other © Zoning Board T ® Other: I Q Other: O MASS TORT ® Asbestos N 13 Tobacco ® Toxic Tort - DES © Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS © Toxic Waste 0 Ejectment ® Common Law /Statutory Arbitration B Other: Q Eminent Domain/Condemnation Q Declaratory Judgment ® Ground Rent ® Mandamus Q Landlord/Tenant Dispute © Non- Domestic Relations XJ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial Q Quo Warranto ® Dental Q Partition 13 Replevin Q Legal Q Quiet Title Q Other: Q Medical Q Other: Q Other Professional: Updated 11112011 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 c SALVATORE CAROLLO, ESQUIRE - ID #311050 HARRY B. REESE, ESQUIRE - ID #310501 ELIZABETH L. WASSALL, ESQUIRE - ID #77788 - . JOHN ERIC KISHBAUGH, ESQUIRE - ID #33078 4 N NICOLE B. LABLETTA, ESQUIRE - ID #202194 r DAVID NEEREN, ESQUIRE - ID #204252 cV JORDAN DAVID, ESQUIRE - ID #311968 AMANDA RAVER, ESQUIRE - ID #307028 c WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 -3620 856- 669 -5400 pleadines @udren.com The Bank of New York Mellon f/k/a The Bank of New York as COURT OF successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the COMMON benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass- PLEAS Through Certificates Series 2005 -4 CIVIL DIVISION C/O Ocwen Loan Servicing, LLC CUMBERLAND 1661 Worthington Road Suite 100 County West Palm Beach, FL 33409 Plaintiff NO. V. DENNIS VAN BOMEL AWA DENNIS G. VAN BOMEL 109 LAUREL DRIVE ENOLA, PA 17025 GAYLE VAN BOMEL A/K /A GAYLE M. VAN BOMEL 109 LAUREL DRIVE ENOLA, PA 17025 Defendant(s) 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 S" important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990 -9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990 -9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center III Woodcrest Road, Suite 200 Cherry Hill, NJ 08003 -3620 (856) 669 -5400 I. Plaintiff is the entity designated in the caption on a preceding page. Plaintiff is the legal holder of the Mortgage that is the subject of this Action. Plaintiff is either the current mortgagee of record, is the legal holder of the Mortgage by virtue of being successor in interest to the current mortgagee of record, or is the legal holder of the Mortgage by virtue of Assignment of Mortgage. If Plaintiff is the legal holder of the Mortgage by virtue of Assignment of Mortgage, it is by the following Assignments of Mortgage, all of which have either been recorded or Plaintiff is in the process of formalizing the actual Assignment of Mortgage in Plaintiff s favor: Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for Wilmington Finance, a division of AIG Federal Savings Bank Assignee: The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass - Through Certificates Series 2005 -4 Date of Assignment: 06/12/2013 Recorded Date: 06/19/2013 Book/Instrument #: Instrument # 201320104 Page: 2. Upon information and belief Defendant(s) and/or their predecessor: Dennis Van Bomel a/k/a Dennis G. Van Bomel and Gayle Van Bomel a/k/a Gayle M. Van Bomel (hereinafter 'Defendants "), are the owners of property located at 109 Laurel Drive, Enola, PA 17025, by virtue of Deed dated 08/19/1993 and recorded 08/20/1993 in Official Records Book M 36 at Page 111 of the Public Records of Cumberland County, Pennsylvania (hereinafter the 'Property "). 3. On 05/26/2005 , Defendant(s) and/or their predecessor: DENNIS VAN BOMEL A/K/A DENNIS G. VAN BOMEL AND GAYLE VAN BOMEL A/K/A GAYLE M. VAN BOMEL promised to pay to the order of Wilmington Finance, a division of AIG Federal Savings Bank , the principal sum of $ 149,400.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 05/26/2005 , Defendant(s) and/or their predecessor: DENNIS VAN BOMEL A/K/A DENNIS G. VAN BOMEL AND GAYLE VAN BOMEL A/K/A GAYLE M. VAN BOMEL to secure the Note, mortgaged to Mortgage Electronic Registration Systems, Inc., as nominee for Wilmington Finance, a division of AIG Federal Savings Bank, the Property which is the subject of this action. The Mortgage was recorded on 05/31/2005 in Official Records Book 1908 at Page 4617. Said Mortgage is incorporated herein by referenced in accordance with Pa.R.C.P 1019(g). A legal description of the mortgage premises is attached hereto and made a part hereof. 5. Said mortgage is in default in that the payment due 11/01/2010, and all subsequent payments have not been made, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with the other charges authorized by said Mortgage and itemized below, shall be 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 $138,091.10 Accumulated Interest $25,170.45 Accumulated Late Charges $1,719.43 Escrow Deficit /(Reserve) $9,057.25 Other Suspense Balance $- 1,071.21 Property Inspection Fee $42.00 Property Valuation Fee BPO $584.00 Prior Servicer Fees $849.50 Grand Total $174,442.52 The above figures are calculated as of 09/30/2013: 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 6.25000 %. The per diem interest accruing on this debt is $22.6400 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 $45.99. 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 $ 174,442.52 plus ongoing interest, costs and attorneys fees and for sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. B G " I Eric pp Ki isQ sh � bbaug hh7 Esquire VERIFI("A "I1 Denise V. Lundquist Contract ManagemsM I am Coordin of Ocwen Loan Servicing, LLC ( "Ocwen ") the servicing agent (or servicer) for The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass - Through Certificates Series 2005 -4 ('Plaintiff'), am authorized to make this verification on behalf of Ocwen and hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Except where otherwise stated and /or based upon public record, this verification is based upon a review of business records regularly created, kept and maintained in the course of Ocwen's mortgage servicing business conducted on Plaintiffs behalf. In making this verification, I understand that it is a crime under 18 PA C.S. Section 4904 to make a written statement to a public servant, or to invite a public servant's reliance upon a written statement or instrument, which I do not believe be true or which know to be false Date: Name: Denise V. Lundquist Contract Lianagemen9 Title: Coordinator Company: Ocwen Loan Servicing, LLC the servicing agent (or servicer) for The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass - Through Certificates Series 2005 -4 Borrower: DENNIS VAN BOMEL A/K/A DENNIS G. VAN BOMEL GAYLE VAN BOMEL A/K/A GAYLE M. VAN BOMEL Property Address: 109 Laurel Drive, Enola, PA 17025 MJU #: 13010175 -2 "Ocwen loan servicing, LLC" Date: 5/2412005 Time: 4:09:15 PM Order Number: 000026269 Re:. Dennis G. Van Bomel 109 LAUREL DRIVE Gayle M. Van Bomel ENOLA, PA 17025 CUMBERLAND County ZXXIBIT 'A' ALL THAT CERTAIN Lot of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western right of way line of Laurel Drive at the northeast corner of Lot No. 122 on the Final Subdivision Plan of Mountain View Estate, Section 1, Phase 2, recorded in Plan Book 49, Page 1,26; thence along the northern line of Lot No. 122 South 51 degrees 00 minutes 00 seconds West 110.00 feet to a point at other lands now or formerly of Pennsboro Development Corporation; thence along same North 39 degrees 00 minutes 00 seconds West 90.00 feet to a point at the southwestern corner of Lot No. 120; thence along the southern line of Lot 120 North 51 degrees 00 minutes 00 seconds East 110.00 feet to a point on the western right of way of Laurel Drive; thence along the western right of way line of Laurel Drive South 39 degrees 00 minutes 00 seconds East 90.00 feet to a point, the Place of BEGINNING. HAVING thereon erected a brick and aluminum, bi -level dwelling with two -car garage, being known and numbered 109 Laurel Drive, East Pennsboro Township, Cumberland County, Pennsylvania. `pESO R�p�ION l .op 04,A 1 C Ii i!'.i$ It_ r- , ` i__ ; i.i1 In County i'!1 Recorder of Deeds 633 Page: 6of6 Order Number 000026269 To: Dennis G. Van Bomel 109 Laurel Drive Enola, PA 17025 Re: Property Address: 109 Laurel Drive Enola, PA 17025 MJU #: 13010175 -2 "Ocwen loan servicing, LLC" Exhibit A To: Gayle M. Van Bomel 109 Laurel Drive Enola, PA 17025 Re: Property Address: 109 Laurel Drive Enola, PA 17025 MJU #: 13010175 -2 "Ocwen loan servicing, LLC" August 19, 2013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 - 342 -2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE'STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDI IIR SU HIPOTECA. HOMEOWNER'S NAME(S): Dennis G. Van Bomel Gayle M. Van Bomel PROPERTY ADDRESS: 109 Laurel Drive, Enola, PA 17025 LOAN ACCT. NO.: ORIGINAL LENDER: Wilmington Finance, a division of AIG Federal Savings Bank CURRENT LENDER/SERVICER: The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass - Through Certificates Series 2005 -4 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS_ IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (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. 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 counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. 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 AND FILE AN APPLICATION WITH PHFA WITHIN 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 FILE 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 ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL 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 (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS ANA TTEMPT 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: 109 Laurel Drive, Enola, PA 17025 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 Payment of $1,152.32 For November 1, 2010 through June 1, 2013 $39,178.88 Other Charges (itemizelexplain) Late Charges $1,765.42 Property Inspection Fees $96.00 Property Valuation FeesBPO $869.00 Escrow Advance $1,154.29 Suspense Balance $- 1,071.21 Total Amount Past Due $41,992.38 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $41,992.38, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING 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 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.) IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under 'the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs 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 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: Ocwen Loan Servicing, LLC Address: 1661 Worthington Road, Suite 100, West Pahn Beach, FL 33409 Phone Number: 877 -596 -8580 Fax Number: 407 - 737 -5693 Contact Person: Customer Service E -Mail Address: EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You ®may or ❑ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. PLEASE SEE ATTACHED LIST OF CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY IEEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 06/04/201310:57 AM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region. 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717- 232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717- 855 -2752 717 -762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717 - 234 -6616 717 -264 -5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717 - 334 -1518 717- 780-3940 800-342 -2397 i UDREN LAW OFFICES, P.C. U.S, POSTAGE >> mwy wwEs WOODORES' CORPORATE CENTM :'K• f4 11 wOODCREST ROAD wy, 'wM CHERRY HILL NJ 08303 7013 0600 000 2508 5811 VP 08003 $ 006.31 02 ill 7013 06ad 0001 2508 5811 . 0001387090AW 19 zoos l ° �� �•g �c �3 I' m of a 9 ° n j I To: Denni tz �. I 109 L , Enola,� l UDREN LAW OFFICES, P.C. WOODORES"I CORPORATE CENTL9 U' -S PO STAGE >> rNFyeMrr 1 ;vVOODCRE ROAD � CHERRY WILL N3 08003 ` zip oaoo� 7913 0600 0001 2508 580 oa „� $ 00+6.390 7013 0600 0001 2508 5804 00013 87 0 90AUG 1.9 2013 CA �j r— I To: Gayle M 109 Lau Enola, P I CC , a. • t 1 Complete items 1, 2, and 3. Also complete 7 SIgnature Item 4 If Restricted Delivery Is desired. ❑ Agent 1 ■ Print your name and address on the reverse ❑ Addressee so that we can return the card to you. rinted Name) C. Date of Delivery i Ill Attach this card to the back of the mailpiece, or on the front If space permits, D. Is dettvery address different from item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No IAA I t 3. Service Type ; I B C�rBfled Mall ❑ Express Mall i La ( OA i� r if i� CJ Registered r0`eturn Receipt for Men handlse ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes I R. Artic sfer N u m ber m service la 7013 0600 0001 2508 5811 (Trvrsfer frobel) PS Form 3811, February 2004 Domestic Retum Receipt 1e2sss -02 + 1540 y Y • • ■ Complete Items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery Is destred. ❑ Agent 1 4 Print your name and address on the reverse X ❑ Addressee so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery 4 Attach this card to the back of the mailpiece, I or on the front If space permits. 1. Article Addressed to: D, Is delivery address different from Tern 1? ❑ Yes / � if YES, enter delivery address below: 13 No 1 � ' �a l 3. Service Type - 'Lertifred Mall O 2xpress Mall 1 O Registered "CTReturn Receipt for Merchandise eno lit e ` �c12� 13 Insured Marl ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) Q Yes 2. Article Number — -- Mansfer service 14W 7013 0600 0001 2508 5804 i Ps Form 3811 February 2004 Domestic Retum Receipt i m 102595-02 -M- 1640'1 FORM I r� ?V) LO- �}eW V0r'CW((9)1N THE COURT OF COMMON PLEAS OF -q he B, k_0J)Jft Y� CUMBERLAND COUNTY PE Plaintiff(s) Vs r ifs VQr) l a`t k `lbe"A� s �+ Cowl k Va A? > a-n e tll� Defendants) Civil 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 foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at: (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a.legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan . resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached.hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure. complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It. is not necessary foryou 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. I.f you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. if you do so and a conciliation conference is scheduled, you will have an opporninity to meet with a representa of you; lender in ail aftternpt to Nvora out reasonable arrangements C.. with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO. SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKEr'it� Cx STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. r Respectfully submitted: r te - �! CD ?l Oct 13 Date [ ignature of Counsel for Plaintiff] I Eric Kishbaugh, Esgdit � PA ID 33078 t FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial. Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, .your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: . .: Q ; Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing. Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell.: Other: Email: # of people in household.: Hour long? FINANCIAL INFORNMATION 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: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ . ......... - ... _ ......... ............. ........ ......_ _... ... .. ............ .__..._... - ........... ......_......... . t. If yes, provide names, location of court, case number& attorney: Assets Amount Owed Value: Homer $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other tranoortation. (automobiles, boats, motorcycles): .Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. J. Additional I.n.come Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Cundo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort /Alim. Spending Money Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on [neome & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: _ .:................ ..... _...._...__.._ ......... .- c Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION 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. VWe understand that I /we am,'are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date. Please forward this document along with the following information to lender and lender's counsel: V Proof of income Past 2 bank statements -Proof of any expected income for the last 45 days V Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) J FORM 3 IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNS YLVANIA Plaintiff(s) V , r.\ i Grp y,e 6 L (W- D1rN� Olt c-.tk--De e dan s( C1VTL iV �l REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 2012. Governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as fol..lows: 1. Defendant is the owner 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; I Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court= supervised conciliation.conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Sion.ature of .Defendant Date i 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 HARRY B. REESE, ESQUIRE - ID #310501 Q f_0 ' ELIZABETH L. WASSALL, ESQUIRE - ID #77788 JOHN ERIC KISHBAUGH, ESQUIRE - ID #33078 NICOLE B. LABLETTA, ESQUIRE - ID #202194 DAVID NEEREN, ESQUIRE - ID #204252, JORDAN DAVID, ESQUIRE - ID #311968 r AMANDA RAVER, ESQUIRE - ID #307028 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 -3620 856- 669 -5400 Pleadin s udren.com The Bank of New York Mellon f /k/a The Bank of New York as successor trustee COURT OF COMMON for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the PLEAS Certificateholders of Popular ABS, Inc. Mortgage Pass - Through Certificates CIVIL DIVISION Series 2005 -4 CUMBERLAND 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409 County Plaintiff v NO. 1 �i,J� tY JCJ Dennis Van Bomel a /k/a Dennis G Van Bomel V ct 109 Laurel Drive Enola, PA 17025 Gayle Van Bomel a /k/a Gayle M. Van Bomel 109 Laurel Drive Enola, PA 17025 Defendant(s) ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the following counsel: Mark J. Udren, Esquire; Stuart Winneg, Esquire; Lorraine Gazzara Doyle, Esquire; Sherri J. Braunstein, Esquire; Harry B. Reese, Esquire; Salvatore Carollo, Esquire; Elizabeth L. Wassall, Esquire; John Eric Kishbaugh, Esquire; Nicole B. LaBletta, Esquire; David Neeren, Esquire, Jordan David, Esquire, and Amanda Rauer, Esquire on behalf of the Plaintiff, in the above - captioned matter. UDREN LAW OFFICES, P.C. BY: I Eric Kishbaugh, Esquire PA ID 33078 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ><t r .,� I..IA i HL Jody S Smith � ' � tr`,ia;'" Chief Deputy oraA',► ; -- Richard W Stewart Solicitor ol",°I E OF roe. ,. CUMBERLAND �% PENNSYLVANIA The Bank of New York Mellon, f/k/a The Bank of New York Case Number vs. Dennis Van Bomel(et at) 2013-6650 SHERIFF'S RETURN OF SERVICE 12/03/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Dennis Van Bomel, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 109 Laurel Drive, East Pennsboro, Enola, PA 17025. Residence appears to be vacant, there is a notice on the door stating property has been winterized and has no running water. Enola Postmaster states that the defenant have moved and left no forwarding address. 12/03/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Gayle Van Bomel, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 109 Laurel Drive, East Pennsboro, Enola, PA 17025. Residence appears to be vacant, there is a notice on the door stating property has been winterized and has no running water. Enola Postmaster states that the defenant have moved and left no forwarding address. SHERIFF COST: $70.95 SO ANSWERS, December 03, 2013 RONIVY R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc, UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 The Bank of New York Mellon f/k/a The COURT OF COMMON PLEAS Bank of New York as successor trustee for CIVIL DIVISION JPMorgan Chase Bank,N.A., as Trustee CUMBERLAND County for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2005-4 NO. 13-6650 Civil Plaintiff v. c� Dennis Van Borne! a/k/a Dennis G.Van r c Bornel; Gayle Van Borne! a/k/a Gayle M. N r, ; Van Bomel; ET AL Defendant(s) Zo c)r 7., ._r -< cn .. MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, moves this Honorable Court for an Order directing service of the Complaint in Mortgage Foreclosure upon Defendant(s): GAYLE VAN BOMEL A/K/A GAYLE M. VAN BOMEL, by regular mail and certified mail, and by posting the mortgaged premises and in support thereof avers the following: 1. Process was unable to be served at the then last known address of said Defendant(s) as follows: GAYLE VAN BOMEL A/K/A GAYLE M. VAN BOMEL 109 LAUREL DRIVE ENOLA, PA 17025 A copy of the Return of Service is attached hereto as Exhibit"A". 2. Pursuant to Pa.R.C.P. 430, Plaintiff made a Good Faith Investigation, the report thereof being attached hereto as Exhibit`B". 3. Said investigation was unable to determine an alternate address for said Defendant(s). 4. The last known address of Defendant(s) is as set forth in the attached Exhibits. WHEREFORE, Plaintiff prays and respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint in Mortgage Foreclosure upon said in paragraph 1, by regular mail and certified mail, and by posting the mortgaged premises. UDREN LAW OFFICES, P.C. BY: Attorneys or ' �.mtiff artrat SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Q�,rtr I t Chigoe the Jody S Smith Chief Deputy - ;+ Richard W Stewart ``"� '''.'e Solicitor orricE Qc iriE VIEW The Bank of New York Mellon,f/k/a The Bank of New York Case Number vs. 2013-6650 Dennis Van Bomel(et al.) SHERIFF'S RETURN OF SERVICE 12/03/2013 Ronny R Anderson,Sheriff, being duty sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit Dennis Van Bomel, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found'at 109 Laurel Drive, East Pennsboro, Enola, PA 17025. Residence appears to be vacant,there is a notice on the door stating property has been winterized and has no running water. Enola Postmaster states that the defenant have moved and left no forwarding address. 12/03/2013 Ronny R Anderson, Sheriff, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit:Gayle Van Bomel, but was unable to locate the Defendant In his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 109 Laurel Drive,East Pennsboro, Enola, PA 17025. Residence appears to be vacant,there is a notice on the door stating property has been winterized and has no running water. Enola Postmaster states that the defenant have moved and left no forwarding address. SHERIFF COST:$70.95 SO ANSWERS, December 03,2013 RONNY R ANDERSON, SHERIFF EXHIBIT A (c)couxtySuits Sheriff,Teleosof.Inc. • Commonwealth County of Cumberland Court of Common Pleas Of Pennsylvania Civil Division PlaintiffIs) Ocwen Loan Servicing LLC vs Defendant(s) Dennis Van Bomel aka Dennis G. Van Bomel, Gayle Van Bomel aka Gayle M. Van Bomel AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY I, Randy Sheppard II, do hereby swear and affirm that I made the following diligent search and inquiry on defendant, Gayle Van Bomel aka Gayle M. Van Bomel: 1. On December 5, 2013, I conducted a Skip Trace,the results of which indicated the defendant's current residence is 109 Laurel Drive, Enola, PA, 17025. 2. On December 5, 2013, I conducted an Internet search for the Death Records of the Defendant,the results of which indicated that the defendant is not deceased. 3. On December 5, 2013, I conducted an Internet search for the Voter Registration Records of the Defendant, the results of which indicated that the defendant is a registered voter at the address of 109 Laurel Drive, Enola, PA, 17025. 4. On December 5, 2013, I conducted an Internet search for the Motor Vehicle Records of the Defendant, with no results obtained from the search. 5. On December 5, 2013, I conducted an Internet search of Facebook, Twitter, Yahoo!,Google and Bing with results from mylife.com indicating the defendant is living in Enola, PA. 6. On December 5, 2013 at 7:43Pm I placed a phone call to defendant's neighbor, Anne Alger(717-732-5993),of 108 Laurel Drive, Enola,PA, 17025 to inquire about defendant's last known address. There was no answer. 7. On December 5, 2013 at 7:44pm I placed a phone call to defendant's neighbor, Ellen Wotring(717-732-1522), of 111 Laurel Drive, Enola, PA, 17025 to inquire about defendant's last known address. A woman answered and she did not recognize the defendanf s name. I SOLEMNLY swear and affirm that the foregoing statements are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. Date Randy Sheppard II Skip Trace Manager De Novo Attorney Services, Inc. P.O.Box 20215 Baltimore, MD 21284 Our Job Serial Number: NOV-2013007798 Ref 13010175-2 EXHIBIT b • UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 The Bank of New York Mellon f/k/a The COURT OF COMMON PLEAS Bank of New York as successor trustee for CIVIL DIVISION JPMorgan Chase Bank,N.A., as Trustee CUMBERLAND County for the benefit of the Certificateholders of Popular ABS,Inc.Mortgage Pass-Through Certificates Series 2005-4 NO. 13-6650 Civil Plaintiff v. Dennis Van Bowel a/k/a Dennis G.Van Bowel; Gayle Van Bowel a/k/a Gayle M. Van Bowel; ET AL Defendant(s) MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. NOTE: A sheriffs return of"not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A2d 603 (1976). An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As set forth in the Return of Service marked Exhibit "A", the Sheriff and/or Process Server has been unable to serve the following Defendant(s) at their last known addresses. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Good Faith Investigation marked Exhibit "B". WHEREFORE, Plaintiff prays and respectfully requests service of the Complaint in Mortgage Foreclosure upon Defendant(s) by regular mail and certified mail, and by posting the mortgaged premises. UDREN LAW OFFICES, P.C. BY: f,agwr 36 mfr Attorneys for Plaintiff VERIFICATION The undersigned hereby states that he/she is the Attorney for the Plaintiff in this action, that he/she is authorized to make this Verification, and that the statements made in the foregoing MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C. S . Sec 4904 relating to unsworn falsification to authorities . Date : UDREN LAW OFFICES, P .C . BY: Attorneys o 'laintiff (616 6,!Aar 3t5)61.( UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 The Bank of New York Mellon f/k/a The COURT OF COMMON PLEAS Bank of New York as successor trustee for CIVIL DIVISION JPMorgan Chase Bank,N.A., as Trustee CUMBERLAND County for the benefit of the Certificateholders of Popular ABS,Inc. Mortgage Pass-Through Certificates Series 2005-4 NO. 13-6650 Civil Plaintiff v. Dennis Van Bomel a/k/a Dennis G.Van Bomel; Gayle Van Bomel a/k/a Gayle M. Van Bomel; ET AL Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served by U.S. mail on each of the attached parties or their attorneys this 20TH day of December, 2013. Udren Law Offices, P.C. Attorney for Plaintiff By: Y� I'tMMO�hda ec ulcer 3O SERVICE LIST CUMBERLAND COUNTY, PENNSYLVANIA CCP. No. Docket Number: 13-6650 Civil NAME: GAYLE VAN BOMEL A/K/A GAYLE M.VAN BOMEL MAILING ADDRESS: 109 LAUREL DRIVE ENOLA, PA 17025 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL TRIAL DIVISION The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank,N.A., as Trustee - for the benefit of the Certificateholders of Popular ABS, Inc.Mortgage Pass-Through CD Certificates Series 2005-4 Plaintiff v. NO. 13-6650 Civil r- Dennis Van Bomel a/k/a Dennis G.Van Bomel; Gayle Van Bomel a/k/a Gayle M. Van Bomel; ET AL Defendant(s) ORDER AND NOW, this 36 day of '1ky,,Gv , 2013 ,upon consideration of Plaintiffs Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure on Defendant(s), Gayle Van Bomel a/k/a Gayle M. Van Bomel, shall be complete when Plaintiff or its counsel or agent has served true and correct copies of the Complaint in Mortgage Foreclosure by posting the mortgage premises at: 109 LAUREL DRIVE ENOLA, PA 17025 And by mailing by certified mail and regular mail to the last known address of Defendant(s) as follows: GAYLE VAN BOMEL A/K/A GAYLE M.VAN BOMEL 109 LAUREL DRIVE ENOLA, PA 17025 BY THE COURT: • IP J. Y UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 8_56-669-5400 _ The Bank of New York Mellon f/k/a The COURT OF COMMON PLEAS Bank of New York as successor trustee for CIVIL DIVISION JPMorgan Chase Bank,N.A., as Trustee Cumberland County MW for the benefit of the Certificateholders of n Popular ABS, Inc. Mortgage Pass-Through CIO Certificates Series 2005-4 NO. 13-6650 Civil �� Plaintiff C V. C__ DENNIS VAN BOMEL A/K/A DENNIS G. VAN BOMEL; GAYLE VAN BOMEL A/K/A GAYLE M.VAN BOMEL Defendant(s) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint on the above-captioned matter. DATE: 1 UDREN LAW OFFICES, P.C. BY: Atto eys for Plaintif HARRY B. REES , ESQUIRE PA ID 3 0501 S 7'4<_IDd� SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ; LED-OFFM Sheriff ; ' THE PROTHON TARE Jody S Smith ��� � ���� � '� Chief Deputy _ 204 JAN Zvi AM = -4 Richard W Stewart CEJM EALAND COUNTY Solicitor =' r PENNSYLVANIA The Bank of New York Mellon, f/k/a The Bank of New York vs. Case Number Dennis Van Bomel (et al.) 2013-6650 SHERIFF'S RETURN OF SERVICE 01/15/2014 02:05 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Dennis Van Bomel, pursuant to Order of Court by"Posting"the premises located at 109 Laurel Drive, East Pennsboro, Enola, PA 17025 with a true and correct copy according to law. BRIAN GRZY SKI, EPUTY 01/15/2014 02:05 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Gayle Van Bomel, pursuant to Order of Court by"Posting"the premises located at 109 Laurel Drive, East Pennsboro, Enola, PA 17025 with a true and correct copy according to law. BRIAN GRZY908KI, PUTY SHERIFF COST: $73.41 SO ANSWERS, G January 16, 2014 RbNW R ANDERSON, SHERIFF UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings @udren.com The Bank of New York Mellon : COURT OF COMMON PLEAS f/k/a The Bank of New York as : CIVIL DIVISION successor trustee for JPMorgan : Cumberland County Chase Bank, N.A. , as Trustee c.7 ' for the benefit of the �- Certificateholders of Popular ABS, Inc . Mortgage Pass- ? Through Certificates Series nr N) 2005-4 Plaintiff G- '. V. p , r U) Dennis Van Bomel a/k/a Dennis G. Van Bomel; Gayle Van Bomel = NO. 13-6650 Civil a/k/a Gayle M. Van Bomel Defendant (s) VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter a true and correct copy of the Complaint in Mortgage Foreclosure was mailed to Defendant (s) , by certified mail and regular first class mail, to the last known address of Defendant (s) as follows : DATE MAILED: 1/21/14 Dennis Van Bomel a/k/a Dennis G. Van Bomel 109 Laurel Drive Enola, PA 17025 Gayle Van Bomel a/k/a Gayle M. Van Bomel 109 Laurel Drive Enola, PA 17025 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: r / 1 91H H Nicole LaBlefla, Esquire UDREN LAW OFFICES, P.C. PA ID 2 BY v G3 ea °y c� c� r w z Ljk t3w�a, o:ca¢ µ _i V c:� 13.$ c- W °7 LI f. C7'.- iii � t � O J s� ru O - rLi . m Er Ir �- a �-- u z UQ W � } 6J�Ff- Vi 0 LU OIX O , UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JP Morgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005- 4 Plaintiff v Dennis Van Bomel a/k/a Dennis G Van Bomel Gayle Van Bomel a/k/a Gayle M Van Bomel Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County No. 13 -6650 -CIVIL CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JP Morgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass - Through Certificates Series 2005-4 certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: UDREN LAW OF .ACES, P.C. Ei`rZabeth Wassall, Esquire Pa. ID 77788 Attorney for Plaintiff UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JP Morgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005- 4 Plaintiff v Dennis Van Bomel a/k/a Dennis G Van Bomel Gayle Van Bomel a/k/a Gayle M Van Bomel Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County No. 13 -6650 -CIVIL CERTIFICATE OF SERVICE I, the undersigned Attorney, hereby certify that I served or caused to be served true and correct copies of Plaintiffs CERTIFICATE OF PREREQUISITE TO SERVE A SUBPOENA PURSUANT TO Pa.R.C.P. 4009.22 upon the following person named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Date Served: April , 2014 TO: Dennis Van Bomel a/k/a Dennis G Van Bomel 109 Laurel Drive Enola PA, 17025 Gayle Van Bomel a/k/a Gayle M Van Bomel 109 Laurel Drive Enola PA 17025 UDREN LAW F-F)ICES, P.C. BY: Elizabeth Wassall, Esquire Pa. ID 77788 Attorney for Plaintiff UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@adren.com The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JP Morgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005-4 Plaintiff v. Dennis Van Borne A/K/A Dennis G. Van Bomel Gayle Van Bomel A/K/A Gayle M. Van Bomel Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County No. 13 -6650 -CIVIL NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 The Bank of New York Mellon Fk/a The Bank of New York as successor trustee for JP Morgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005-4, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: March , 2014 UDREN L4IW OFFICES, P.C. avid, Esquire Pa. ID 311968 Attorney for Plaintiff UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JP Morgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005-4 Plaintiff v. Dennis Van Bomel AKA Dennis G. Van Bomel Gayle Van Bomel AKA Gayle M. Van Bomel Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County No. 13 -6650 -CIVIL CERTIFICATE OF SERVICE I, the undersigned Attorney, hereby certify that I served or caused to be served true and correct copies of Plaintiffs NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO Pa.R.C.P. 4009.21 upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Date Served: March 10 , 2014 TO: Dennis Van Bomel AKA Dennis G. Van Bomel 109 Laurel Drive Enola, PA 17025 Gayle Van Bomel AKA Gayle M. Van Bomel 109 Laurel Drive Enola, PA 17025 B o avid Esquire Pa. ID 311968 Attomey for Plaintiff AW OFFICES, P.C. UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JP Morgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005- 4 Plaintiff v Dennis Van Bomel a/k/a Dennis G Van Bomel Gayle Van Bomel a/k/a Gayle M Van Bomel Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County No. 13 -6650 -CIVIL CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 co As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JP Morgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass - Through Certificates Series 2005-4 certifies that: (1) (2) (3) (4) Date: a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, no objection to the subpoena has been received, and the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Ctli- alfeth Wassail, Esquire Pa. ID 77788 Attorney for Plaintiff UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JP Morgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005- 4 Plaintiff v Dennis Van Bomel a/k/a Dennis G Van Bomel Gayle Van Bomel a/k/a Gayle M Van Bomel Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County No. 13 -6650 -CIVIL CERTIFICATE OF SERVICE I, the undersigned Attorney, hereby certify that I served or caused to be served true and correct copies of Plaintiffs CERTIFICATE OF PREREQUISITE TO SERVE A SUBPOENA PURSUANT TO Pa.R.C.P. 4009.22 upon the following person named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Date Served: , 2014 TO: Dennis Van Bomel a/k/a Dennis G Van Bomel 109 Laurel Drive Enola PA, 17025 Gayle Van Bomel a/k/a Gayle M Van Bomel 109 Laurel Drive Enola PA 17025 UDREN LA ICES, P.C. BY. Elizabeth Wassall, Esquire Pa. ID 77788 Attorney for Plaintiff UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(a�udren.com The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JP Morgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005-4 Plaintiff v. Dennis Van Bomel A/K/A Dennis G. Van Bomel Gayle Van Bomel A/K/A Gayle M. Van Bomel Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County No. 13 -6650 -CIVIL NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JP Morgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005-4, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: March 10 , 2014 UDREN L •/W OFFICES, P.C. avid, Esquire Pa. ID 311968 Attorney for Plaintiff UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JP Morgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005-4 Plaintiff v. Dennis Van Bomel AKA Dennis G. Van Bomel Gayle Van Bomel AKA Gayle M. Van Bomel Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County No. 13 -6650 -CIVIL CERTIFICATE OF SERVICE I, the undersigned Attorney, hereby certify that I served or caused to be served true and correct copies of Plaintiffs NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO Pa.R.C.P. 4009.21 upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Date Served: March 10 , 2014 TO: Dennis Van Bomel AKA Dennis G. Van Bomel 109 Laurel Drive Enola, PA 17025 Gayle Van Bomel AKA Gayle M. Van Bomel 109 Laurel Drive Enola, PA 17025 UDREN AW OFFICES, P.C. B : Jon • ?Pavid Esquire Pa. ID 311968 Attorney for Plaintiff UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 leadinls udren.com ATTORNEY FOR PLAINTIFF The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005-4 Plaintiff v. Dennis Van Bomel a/k/a Dennis G. Van Bomel COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County — r- CD t - r.) Gayle Van Bomel a/k/a Gayle M. Van Bomel Defendants NO. 13-6650 Civil MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005-4, by its Counsel, Udren Law Offices, P.C., and the undersigned attorney, respectfully requests this Honorable Court to enter an Order granting Plaintiff leave to file its Amended Complaint in Mortgage Foreclosure for the following reasons: 1. The Complaint in Mortgage Foreclosure was filed on November 12, 2013. 2. Subsequent to filing its Complaint, Plaintiff discovered that defendant Dennis Van Bomel a/k/a Dennis G. Van Bomel, is deceased. A true and correct copy of Defendant Dennis Van Bomel a/k/a Dennis G. Van Bomel's Death Certificate is attached hereto as Exhibit 3. Plaintiff conducted a Decedent Investigation on June 18, 2014 to determine whether or not an estate was raised for the deceased Defendant and determined an estate has not been raised. 4. Pa.R.C.P. 1033 states that "[a] party, ... by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading." 5. Pa.R.C.P. 1144 (a)(2) states that in an action in mortgage foreclosure, "[t]he Plaintiff shall name as defendants...the personal representative, heir, or devisee of a deceased mortgagor, if known." 6. Plaintiff desires to amend its Complaint in Mortgage Foreclosure by modifying the amounts claimed due to the Plaintiff and by naming the deceased Defendant's Known and Unknown Heirs as Defendants in the Complaint pursuant to Pa.R.C.P. 1144 et seq. as follows: a) Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner; b) Gayle Van Bomel a/k/a Gayle M. Van Bomel, Individually and as Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner; c) Dennis Van Bomel, as Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner; d) Michael Van Bomel, as Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner e) Matthew Van Bomel, as Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner Steve Gilligan, as Known Heir of Dennis Van Borrel aik/a Dennis G. Van Bomel, Last Record Owner g) Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner 7. A true and correct copy of the verified Amended Complaint in Mortgage Foreclosure that Plaintiff seeks leave to file is attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant the Plaintiff leave to file its Amended Complaint in Mortgage Foreclosure. Respectfully submitted, BY: Dav Esquire Pi ID 04252 A orney for Plaintiff H105.985 Revout ) This is to certify that this is a true copy of the record which is on file in the Pennsylvania Department of Health, in accordance with the Vital Statistics''Law of 1953, as amended. WARNING: It Is Illegal to duplicate this copy by photostat or photograph. 7967601 VeleMPOM t.r..Mri..t al CS A No, ' a o'& % Marina O'Reilly Matthew State Registrar • June 9, 2014 GDMnd4Mw*ALTM OP PMDAPILVANM. DEPARTMENT OP neAIYM • me..I *ODMO& CERTIFICATE OF DEATH Date 109270 +D ani Oe*Melb.Mfl i nil Mo) 0a. O.r.MKn . Wye) N.,n. rem MINI.. las*, NAM I. «a o,,,. o th {µ • Dwnn1* Renard V*n 21011101ut Sl Mho 11 o 2.2012 5.. A4e.ta.I tnnowtyn4 5 *T5. 3C. fii)R(� Coo 6.oH. s AAP 1f11 Aft Of ferry, E.Oo00y) elIPPX• KY *2 ao* 1o*e Ic*ooy Bronx PA 4:0*65.0015.00. (sa..* err AIN.+.) ae M w l.bT 1**5iuv.1 Qr. tZMo. d.e1.M *.raON East PT••'-p*R'P M. 00050 n. ChrMy)• bl.fl!!1d ...w.aM.raa We ewe) 1702.5 OMw Qa005001 tMrad Wee/n 15000. �tTlo+n It. ...r in Ua Armed ►a.cer IA M,.e50 OYO. 0 N. Ounlamen 1 0 Oteere.d aeon *tTMM .1Dr.a5 ti Mouse 0 W0*OI.a 51.5u,T1.Mn ssousehMr000fMa. AM Mme nater totem meMeN 0 Near Atoned Ounkmen Owy5 00. mime mem l+1 .k.MIW h. 1. Lx. 0154 Roy Van Banal 151500.5 5*. MM Mrs. PM to Ma M.Mi.r. (f(n. M M.. I.a) i 1 Ro*e Buse*rtno me. i.Naenentl. ham *4R R.iMhrofih. to O.MdOnt +lee 0oy}o Yen .017111WOW tnfarnrnt'.510Mere MOW. Nom MI Nembr: CAN Oras. lip Cad.) 10* Unmet Or. Knots. PA 9702* t p7� i t:M til 05.5- M.SiSeTrcv.•...•••...-rM55Wisi^a t - if 5iv-it. 4-iNrd -•" t I• S _ - SFS.. v..wiac5.. t5nk 0 ArlWf I�..Pscl+ r)'Y nam:. Neren. Nonorto0.7000 O... r..Mryy 10 W p wad., sY..i r7M= ltirym.11lNat OO. wnrt r.. motor MOegbt ID MEMO 'len GOT erVem.. Diem ead2/p Rode lRownyof DMih Camp 1tal. PA 17011 Tad. Cumberland 1a.. 15.15 r0 DeptiMan 0 ...al (g Gnmrfoo N..n.e.lIsm10.0. IM. MM of DIpm+Sn 1.a. 11.0 oDermala O Ohm of a0n0.r., enmotoey, r Mar W...1 0 0000.000 noth.r '14e. Out *. M12 1 Evens Ceematten *./Vice MM., Mo. i5_.- :_-: r ._ 1=. _-.a0 &**00, PA171040 aSa, I .,�jtur..l p.arM Mem r Perm 1n GN.R• o/ b.a.rn.m IIY.. tA..OwxrmS.r 'x'--�'�+.�r O.MA Meer( 0 12*t��. 500 Nam and Corl.e/ete AOat.a. M Itwee.ei MOM 0*MIMendl Hommel N. Enol. 0.. *000014 170011 201111141.1 M D*00ene. 10005005 -CM ". We la.IM1 eon Mento* tM htehmtt..,.. lot Meer4*MA 1.. DMMdt 00MI*o.nrblab. .00050. bon MM McAbee Mother hot MM. PA .. DKe«m'.0.s- 0n.a15150ON MORE ,o. to Mime what Ma MaMentO Menne MINI M. et el athet Opm5Mee et the 0 OW raft ri.10 CI Ne eerroms. in- that Y MarWN arae] c/.tlrw. Ow* 'No' *se * d*0rhls is T.MMM,Oprl./0.0M. MMM* M in wore 0 00105* DIM AaNNew Sed. own ES WOMo..a.adwt. rf:00 ce,•.$Mad M Mut Mom sat (8 M. NM 10*1NNIhmelM+One 0 TM. 00000,. MMiMn O remann Mtaarrem Q AMaNnn memo MO. AMA.Q Other Men Aran Mien17 Nmhr. tbwlaN all.*.0*d3. Na OW O 4Mlctste MM. MN AA„ AN **0010.1. Mem .N AR MI 4+2.1050000,,. O 1... Pointe *km Cubo. S tor...• Q Otimmelaw to eN mean 0 (.a. Q 44.00•4 MP" l..*. MA 153. Mena Mad. MAN. M N (.. 00010,40. Me Phe UM or hot abMNdtyw 0 T... '(3 lea other Seenha H *o.. iattno (yp**.} (7 ROM* R «own Q Menem Other PM04 M5nd*I 13O*4WY (0.11.9) . MD. 000. �{A 501 eee• t a1. Met. MOs M.0nsuon *CAM OMUi OMn to WINO. wh01the Menem 00 h0!000! end or herr.I to 5*. rB Whim O Menem NM b.Y 10.10.01 0 • meaty o of mare. tettimU.p*elon typ doe doe 510. UOQ *MIRED. Menem R 215emuMese 108 emulous (3ese OtM.r.01M01t10wdn meet .r wretled 00 NOT Letter Collier Srenter A.n.00 +0IMe* Or AI.*** NOM 01. .. 00.4xaerMO Sun Other AM. O 0 Mit. MDR 0 Mama O MMS!Nawlb. a Other(3p.ee►7 Mime jjj0] .22b. KimlafFsb... 1MdYNry O Vahan(']] Oe0nan*11M G.mem. NMI a dl RIMS sae -led MMelte 00 eu100 *e�rtI(notta�le,NNp WHO D. i ..*ad �D1.sd 4,11.10•WW) 0 Say a►, • + L0 1 D-- sa*.Sy.mtrr.rfaro. ►nne.ene*sb..k (IMM vire meee1.1 a f.. 505.0Mettee isd.ae4e1(.medlbadtaf '24, II }}.1 *-r•: A M n. wa. Ml.a0i emm4nr of Comm Kormetede O Ta :0 m C0►4se OF DNA7H aa. Own......., en Y4.l.l, elmat0 MOM Mae death. OO NDT Mer *001015 et 00411* avv5.5 mM. hommt. dedLateranomMe.r., ea e 10.0*MbM-N5 .*..la orfs *Inn. f*p0000 ro0. rHM$Ner eterNben0rghoat 50*.h.a the 04..05. 00 NOTII*CRi*IM Mar one rime ea• me 05.55,054+0*m/m..*.,. nt00 *0GVSt P'\"C/fA a 2.. 44 *P /" $. Y -'e.. MO. to Death a. (sae Mame e,..,.d1.1.n Owe ..Ir ..r.* *O. • r.* a MOD M Q.. T1•" - .ler i.i .* ce. ✓ a NeremetWe en o um herbs Open sow.*cm totem n a ee2a. time M nee e. Martha 0. • 0N00*4TDOl0N4p ma to fel as a moreme,.M ore 140.•the '. Daum or InIMt.d th• 1. MASAO n ..mt00 In 100+0*/21ST. Dae M Wm • e.NM*ua a 011. a..P0M.1. Mot O,*0*,15*..00**5110000*00*104.005*0505001*0*005.2* rwmerteaaaemMem in Part* 27.1T.. mamma, P.rlor0edr to Yee .*s a.. Were *4005.er 1 l0 *ewe*... to erimelter. the elmil Of methP 0 Td* Mb her eP.n remote. C3 An MelroM*N0a pest ewer0 0 of Meth bin 4a day. **0th lee OM Taboe*4N bw to Mara' Me /7S MOM*0004 0 AroO� uMMwn *LM..02r et Des NAM 0 t+e.MMe «> M onnar 1,"m , Ammon wow el M 4 ** 0' *0S 1. *rut memo Mt Om es 1 nam Mari O.M. 1!. Dam .101, 0 10.....-.11.0) DOM 114...0 OO 0 O 104110Mm Npn**PM MOM the pot ver Ice. Teener MOR 0*. 01.0.00 injure 4ae. Imam etam0*07on*10e: faro!1015) 31.. 000,0400 Maur feMutons Number, . !mer EN CM.' IN Peen, a Ware 0 YM 0 Me 07. unwraporosh0 P4.n0• *p.00T. O Desert00.1.M, 0 PeMsel00 Q PaWMa0' O 0005 NeMPO 15. DM*rito Pim *NunO0tun0d. */a er*dte, 4Gemet *104: ' Te M* tout MON 000.5.4.., Moth Me to We Maud manner Mew iiBletlIthetti etteslean • marred 0..0.40 OP,555.n.W.**45,5155m* the Met N on mamma" Men Meowed et the u0., Me. .M Ohm. me am er to Were40315 teMe1. Meted prrydeem -to O MOM MI d.em*er/Orw.es.0.yq be0* erryoy. 1(Nnen.5M/o1 Weemlian4n. M My .Now. dents a.errr0t.the e 4000. LIMN .M one. me ewe 00 thew a) 010 0001 ..r nattedd elmehNe H4ertNlarO TIM at*ON*NR 7+-/•2 r*Neve.. aru.e6r.. I i5 /tdK yesfle�'�.:'86J10' aiA ee. (A,d�d(*msp "Zee rani Cmrte er:Meth Mum 21) .fly .7Y� if- . 7' -a/c.DM. a*� �E✓ w..�H'//. ��+1 19o1I ���'1.. anherat (Mat %�+} d .�.t. M ...Y Y10 0!timr Nmeh , -. 24 1"' - .,,, r env"'' -• (GwIMMN /d - ca2 - ao/e2.... 42.Aen.l.m ate 0111111023 20. M10S-141 INV 40/1•721 EXHIBIT A UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 .leadin s udren.com ATTORNEY FOR PLAINTIFF The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificate holders of Popular ABS, Inc. Mortgage Pass - Through Certificates Series 2005-4 c/o Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 Plaintiff v. Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner 109 Laurel Drive Enola, PA 17025 Gayle Van Bomel a/k/a Gayle M. Van Bomel, Individually and As Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner 109 Laurel Drive Enola, PA 17025 Dennis Van Bomel, As Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner 109 Laurel Drive Enola, PA 17025 Michael Van Bomel, As Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner 109 Laurel Drive Enola, PA 17025 Matthew Van Bomel, As Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner 109 Laurel Drive Enola, PA 17025 Steve Gilligan, As Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner 109 Laurel Drive Enola, PA 17025 Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest from or under Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner 109 Laurel Drive Enola, PA 17025 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. 13-6650 Civil EXHIBIT B Defendant(s) AMENDED COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108. AVISO Le han demandado a usted en la carte. 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. Hate 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 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NOTICE This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 I . Plaintiff is the entity designated in the caption on a preceding page. Plaintiff is the legal holder of the Mortgage that is the subject of this Action. Plaintiff is either the current mortgagee of record, is the legal holder of the Mortgage by virtue of being successor in interest to the current mortgagee of record, or is the legal holder of the Mortgage by virtue of Assignment of Mortgage. If Plaintiff is the legal holder of the Mortgage by virtue of Assignment of Mortgage, it is by the following Assignments of Mortgage, all of which have either been recorded or Plaintiff is in the process of formalizing the actual Assignment of Mortgage in Plaintiffs favor: Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for Wilmington Finance, a division of AIG Federal Savings Bank Assignee: The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005-4 Date of Assignment: 06/12/2013 Recorded Date: 06/19/2013 Book/Instrument #: Instrument # 201320104 2. Upon information and belief Defendant(s) and/or their predecessor: Dennis Van Bomel a/k/a Dennis G. Van Bomel and Gayle Van Bomel a/k/a Gayle M. Van Bomel (hereinafter "Defendants"), are the owners of property located at 109 Laurel Drive, Enola, PA 17025 , by virtue of Deed dated 08/19/1993 and recorded 08/20/1993 in Official Records Book M 36 at Page 111 of the Public Records of Cumberland County, Pennsylvania (hereinafter the "Property"). (a) Defendant, Gayle Van Bomel a/k/a Gayle M. Van Bomel, is designated as such in the caption on a preceding page, whose last known address is as set forth in the caption, and is the last record owner and mortgagor of the premises being foreclosed and named as a Defendant pursuant to Pa.R.Civ.P. 1144(a)(3). (b) Dennis Van Bomel is being named solely in his/her capacity as Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, pursuant to Pa.R.C.P. 1144(a)(2) (c) Steve Gilligan is being named solely in his/her capacity as Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, pursuant to Pa.R.C.P. 1144(a)(2) (d) Michael Van Bomel is being named solely in his/her capacity as Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, pursuant to Pa.R.C.P. 1144(a)(2) (e) Matthew Van. Bomel is being named solely in his/her capacity as Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, pursuant to Pa.R.C.P. 1144(a)(2) (f) Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest from or Under Dennis Van Bomel a/k/a Dennis G. Van Bomel, last record owner ae made party defendants to the extent that they may hold an interest in the subject premises. 3. On 05/26/2005 , Defendant(s) and/or their predecessor: DENNIS VAN BOMEL A/K/A DENNIS G. VAN BOMEL AND GAYLE VAN BOMEL A/K/A GAYLE M. VAN BOMEL promised to pay to the order of Wilmington Finance, a division of AIG Federal Savings Bank , the principal sum of $ 149,400.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 05/26/2005 , Defendant(s) and/or their predecessor: DENNIS VAN BOMEL A/K/A DENNIS G. VAN BOMEL AND GAYLE VAN BOMEL A/K/A GAYLE M. VAN BOMEL to secure the Note, mortgaged to Mortgage Electronic Registration Systems, Inc., as nominee for Wilmington Finance, a division of AIG Federal Savings Bank , the Property which is the subject of this action. The Mortgage was recorded on 05/31/2005 in Official Records Book 1908 at Page 4617. Said Mortgage is incorporated herein by referenced in accordance with Pa.R.C.P 1019(g). A legal description of the mortgage premises is attached hereto and made a part hereof. 5. Said mortgage is in default in that the payment due 11/01/2010, and all subsequent payments have not been made, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with the other charges authorized by said Mortgage and itemized below, shall be 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 principal and interest when due in the amounts indicated below; b. By failing or refusing to pay other charges, if any, indicated below. The following amounts are due on the said Mortgage or modification agreement as of the date stated below Unpaid Principal Balance Accumulated Interest Accumulated Late Charges Escrow Deficit/(Reserve) Other Suspense Balance Property Inspection Fee Property Valuation Fee BPO Prior Servicer Fees Title Report Fee $138,091.10 $32,508.74 $1,719.43 $9,782.08 ($1,071.21) $52.50 $684.00 $849.50 $300.00 Grand Total $182,916.14 The above figures are calculated as of 7/7/2014: 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 6.25000 %. The per diem interest accruing on this debt is $23.9700 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 $45.99. Plaintiff is entitled to recover attorney's fees and costs in accordance with the terms of the mortgage and note and reserves its right to recover these amounts incurred and to be incurred in bringing and maintaining this action. 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 $ 182,916.14 plus ongoing interest, costs and fees, and charges collectible under the mortgage, including limited to attorney's fees and costs and for sale of the mortgaged premises. UDREN LAW OFFICES, P.C. BY: VERIFICATION I am Caroline Cochran, Contract Management Coordinator of Ocwen Loan Servicing, LLC ("Ocwen") the servicing agent (or servicer) for The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005-4 ("Plaintiff'), am authorized to make this verification on behalf of Ocwen and hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Except where otherwise stated and/or based upon public record, this verification is based upon a review of business records regularly created, kept and maintained in the course of Ocwen's mortgage servicing business conducted on Plaintiff's behalf. In making this verification, I understand that it is a crime under 18 PA C.S. Section 4904 to make a written statement to a public servant, or to invite a public servant's reliance upon a written statement or instrument, which I do not believe to be tyue or which I know to be false Date: iiahqoiol,c% Name: Caroline Cochran Title: Contract Management Coordinator Company: Ocwen Loan Servicing, LLC as servicer for The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005-4 Borrower: DENNIS VAN BOMEL A/K/A DENNIS G. VAN BOMEL GAYLE VAN BOMEL A/K/A GAYLE M. VAN BOMEL Property Address: 109 Laurel Drive, Enola, PA 17025 MJU #: 13010175-2 Cuts 5.2112625 Order Mode** 000025269 eKnbis 0. Van Bonet dupla M. Nes Mosel itatitt 'A' 109 L,ORF1. DRIVE MLA, PA 17025 C0MMULANO C000ty Alt THAI CERTAIN :Lot of 1asd situate in Beat Penneboro Township, Cumberland County, Pennaylvsn:ia, bounded and described as lotlown: VECINK'IRC at.a pcint at the western right of ray line or IMO .* Drive at the northeast corner of Lot he, 122 on the Final Subdieisi0b Plan of Mesttel.n view Estate, Section 1, Phase 2, recorded in Flan took 49, Page 126i thence along the northern lino of Lot No. 122 South :51 degrees 00 montes 00 seconds 1Peet 110,00 feet to a point at other lands now or formerly of Pmonsbbro oevalopment Corporation; thence sung same North 39 degrees 00 *mutes 00 seconds Nest 90.00 foot to a. point et the equthwastern cotter of Lot Ns. 129s thence along the *outliers line of Lot 020 Borth 51 degrees 00 minutes 00 'Wands feat 110.60 feet to s point en the waste= right of way or Laurel Drive: thence along the western right of way lEaa of. boatel 0rti'e Soutd 30 dogmas 00 minutes D0 aeconde test 90.00 ta*t tc a point, the Acte of BETI NIed, NAVrNC t,nraon arect:ed a brick end aloe:inan, hi -level dwelling with two -car wage, being known and numbered 109 Laurel Drives, East ?compeer° Township, Cunberland tdunty, Poonaylaenia. Pepe: B o16 U1(19133E'04633 `are: a:0915 PM sigh 3': re; ,!.:1 and County PA yR� l s•� Recorder of Deeds Order Welber 04032e269 To: Dennis G. Van Bomel 109 Laurel Drive Enola, PA 17025 Re: Property Address: 109 Laurel Drive Enola, PA 17025 MJU#: 13010175-2 "Ocwen loan servicing, LLC" Exhibit A To: Gayle M. Van Bomel 109 Laurel Drive Enola, PA 17025 Re: Property Address: 109 Laurel Drive Enola, PA 17025 MJU#: 13010175-2 "Ocwen loan servicing, LLC" August 19, 2013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works_ To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE'STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Dennis G. Van Borrel Gayle M. Van Bomel 109 Laurel Drive, Enola, PA 17025 Wilmington Finance, a division of AIG Federal Savings Bank The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certilicateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005-4 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (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. 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 counseling agencies for the county in which the property is located NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 109 Laurel Drive, Enola, PA 17025 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 Payment of $1,152.32 For November 1, 2010 through June 1, 2013 $39,178.88 Other Charges (itemize/explain) Late Charges $1,765.42 Property Inspection Fees $96.00 Property Valuation Fees/BPO $869.00 Escrow Advance $1,154.29 Suspense Balance $-1,071.21 Total Amount Past Due $41,992.38 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $41,992.38, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING 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 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.): IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the defaull within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's 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: Ocwen Loan Servicing, LLC Address: 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409 Phone Number: Fax Number: Contact Person: E -Mail Address: 877-596-8580 407-737-5693 Customer Service EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You Cmay or ❑ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. PLEASE SEE ATTACHED LIST OF CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 06/04/2013 10:57 AM Advantage Credit Counseling Service/CCCS of Western PA 2000 Linn Road Harrisburg, PA 17102 888-511-2227 Housing Alliance of York/Y Housing Resources 290 West Market Street York, PA 17401 717-855-2752 PathStone Corporation 1625 North Front St Harrisburg, PA 17102 717-234-6616 PA. Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717-334-1518 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717-232-9757 Maranatba 43 Philadelphia Avenue Waynesboro, PA 17268 717-762-3285 PathStone Corporation 450 Cleveland Ave Chambersburg, PA 17201 717-264-5913 PHPA 211 North Front Street %labium PA 17110 717-780-3940 800-342-2397 UDREN LAW OFFICES, P.C.' WOOD^AES'' CORPORATE CENTER 11 n WOODCREST ROAD CHERRY HILL NJ 08003 11 11111111111111111 7013 0600 0001 2508 5811 7013 0600 0001 2508 5811 w ma L ft To: 109 L Enola, UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD CHERRY HILL. NJ 08003 To: Gayle M 109 La Enola, P i 1 471 i 0 0 i i 7013 0600 0001 2508 5804 7013 0600 0001 2508 5804 ttE 0 • i Si 9 ro a a U.S. POSTAGE>) Prrr/EY BOWES DP 08003 $ O06310 02 144 0001387090 AUG 19 2013 0 r U.S. POSTAGE PITNEY BOWES 411114. Silmarjamermsig•M ZIP os0o�...-...�}b. 02 11+1! �V6. ' U 0001387090 AUG 19 2013 ENDER: COMPLETE THIS SECTION COA9PL rrf: T!!!S SCCTiON ON DELIVERY ▪ Complete Items 1, 2, and 3. Also complete y . item 4 if. Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. I ▪ Attach this card to the back of the mailplece, or on the front if space permits, 4 .1. Article Addressed to: 3. Service 'We lEt flied Mail 0 Express Matt 0 Registered etum Receipt for Mertandiee 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7013 06i:10 -601U 2508 5811 SENDER: COMPLETE THIS SECTION 314n cr i9oo l`P f%(fi V; e 2 Wn tru,$m l'L ocvg.01..Ei.th THrS .sECYnov ON octd'Vrpv Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. a Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the malipiece, or on the front if space permits. UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005-4 Plaintiff v. COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Dennis Van Bomel a/k/a Dennis G. Van Bomel Gayle Van Borne! a/k/a Gayle M. Van Bomel Defendants NO. 13-6650 Civil MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff seeks leave of Court to amend its Complaint in Mortgage Foreclosure. The facts set forth in the within Motion are incorporated herein by reference as though fully set forth at length. The Pennsylvania Rules Of Civil Procedure state as follows: Rule 1033, Amendment A party, ... by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. An amendment may be made to conform the pleading to the evidence offered or admitted. Pa.R.C.P. 1033. In the instant Motion for Leave to File Amended Complaint in Mortgage Foreclosure, Plaintiff requests leave to file the original of the attached Amended Complaint. Pursuant to the Rules of Civil Procedure as above stated and the facts as set forth in the attached Motion, Plaintiff requests that it be permitted to file the Amended Complaint in Mortgage Foreclosure. Respectfully submitted, UDREN LA By: Davi. quire PA : 252 Attorney for Plaintiff UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005-4 Plaintiff v. COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Dennis Van Bomel a/k/a Dennis G. Van Bomel Gayle Van Bomel a/k/a Gayle M. Van Bomel Defendants NO. 13-6650 Civil CERTIFICATE OF SERVICE I, David Neeren, Esquire, hereby certify that I have served or caused to be served true and correct copies of the Plaintiffs Motion For Leave To Amend Complaint in Mortgage Foreclosure and Brief in Support upon the following persons named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Date Served: November 13, 2014 TO: Van Bomel a/k/a Dennis G. Bomel, Last Record Owner 109 Laurel Drive Enola, PA 17025 Defendant Dennis Van Bomel, Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner 109 Laurel Drive Enola, PA 17025 Defendant Michael Van Bomel, Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner 109 Laurel Drive Enola, PA 17025 Defendant Steve Gilligan, Known Heir of Dennis Van Borne! a/k/a Dennis G. Van Borne!, Last Record Owner 102 Cumberland Drive Camp Hill, PA 17011-6619 Defendant Matthew Van Bomel, Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner 109 Laurel Drive Enola, PA 17025 Defendant Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under Dennis Van Borne! a/k/a Dennis G. Van Borne!, Last Record Owner 109 Laurel Drive Enola, PA 17025 Defendant UDREN By: Davi PA Atto squ 4252 ey for Plaintiff UDREN LAW OFFICES, P.C. BY: STUART WINNEG, ESQUIRE- ID #45362 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005-4 Plaintiff V. COURT OF COMMON PLEASc. 5, CIVIL DIVISION rnr *44 Cumberland County z ci)r Dennis Van Bomel a/k/a Dennis G. Van Bomel Gayle Van Bomel a/k/a Gayle M. Van Bomel NO. 13-6650 Civil Defendants CERTIFICATION OF CONCURRENCE/NON-CONCURRENCE I, David Neeren, Esquire, Attorney for The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS Inc. Mortgage Pass -Through Certificates Series 2005-4, hereby certify that on October) , 2014, I served or caused to be served a true and correct copy of the within Motion for Leave To Amend Complaint and the proposed Order by pre -paid first class regular mail along with a request to the other parties to provide their concurrence or non -concurrence. The Concurrence/Non-Concurrence response deadline was November 3 ,2014, and, as of November i3 ,2014, the other parties have not responded to concerning concurrence. B David Nee - • , Esquire PAID#214252 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005-4 Plaintiff v. Dennis Van Bomel a/k/a Dennis G. Van Bomel Gayle Van Bomel a/k/a Gayle M. Van Bomel Defendants NO. 13-6650 Civil C rrl C-0 =' cD Li r•-• ter) < 7 :r> (-) C--1 co C; r7 ORDER AND NOW, to wit, this r day of )444,kr- , 20,% upon consideration of Plaintiff's Motion For Leave To File an Amended Complaint in Mortgage Foreclosure, and any response thereto, it is hereby ORDERED that the Plaintiff is granted leave to file its Amended Complaint in Mortgage Foreclosure; and It is hereby further ORDERED that the Complaint, except as so amended, shall in all other respects, remain unchanged and as filed. D)STRIBUTION LIST: avid Neeren, Esquire: Udren Law Offices, P.C., Woodcrest Corporate Center, 111 Woodcrest Road, Suite 200, Cherry Hill, NJ 08003, phone: 856-669-5400, email: pleadings@udren.com - �ttorney for the Plaintiff Dennis Van Bomel a/k/a Dennis G. Bomel— 109 Laurel Drive, Enola, PA 17025 - Defendant /Gayle Van Bomel a/k/a Gayle M. Van Bomel, Individually and as Known Heir of Dennis ��Van Bomel a/k/a Dennis G. Bomel, Last Record Owner - 109 Laurel Drive, Enola, PA 17025 - Defendant Dennis Van Bomel, Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner - 109 Laurel Drive, Enola, PA 17025 - Defendant Michael Van Bomel, Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner - 109 Laurel Drive, Enola, PA 17025 - Defendant /Matthew Van Bomel, Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner - 109 Laurel Drive, Enola, PA 17025 - Defendant Steve Gilligan, Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner —102 Cumberland Drive, Camp Hill, PA 17011-6619 - Defendant Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner - 109 Laurel Drive, Enola, PA 17025 - Defendant 1'ES Mat LL UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 s leadin • s udren.com ATTORNEY FOR PLAINTIFF The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificate holders of Popular ABS, Inc. Mortgage Pass - Through Certificates Series 2005-4 c/o Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 Plaintiff v. Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner 109 Laurel Drive Enola, PA 17025 Gayle Van Bomel a/k/a Gayle M. Van Bomel, Individually and As Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner 109 Laurel Drive Enola, PA 17025 Dennis Van Bomel, As Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner 109 Laurel Drive Enola, PA 17025 Michael Van Bomel, As Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner 109 Laurel Drive Enola, PA 17025 Matthew Van Bomel, As Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner 109 Laurel Drive Enola, PA 17025 Steve Gilligan, As Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner 109 Laurel Drive Enola, PA 17025 Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest from or under Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner 109 Laurel Drive Enola, PA 17025 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. 13-6650 Civil Defendant(s) AMENDED COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las 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 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NOTICE This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the entity designated in the caption on a preceding page. Plaintiff is the legal holder of the Mortgage that is the subject of this Action. Plaintiff is either the current mortgagee of record, is the legal holder of the Mortgage by virtue of being successor in interest to the current mortgagee of record, or is the legal holder of the Mortgage by virtue of Assignment of Mortgage. If Plaintiff is the legal holder of the Mortgage by virtue of Assignment of Mortgage, it is by the following Assignments of Mortgage, all of which have either been recorded or Plaintiff is in the process of formalizing the actual Assignment of Mortgage in Plaintiff s favor: Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for Wilmington Finance, a division of AIG Federal Savings Bank Assignee: The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005-4 Date of Assignment: 06/12/2013 Recorded Date: 06/19/2013 Book/Instrument #: Instrument # 201320104 2. Upon information and belief Defendant(s) and/or their predecessor: Dennis Van Bomel a/k/a Dennis G. Van Bomel and Gayle Van Bomel a/k/a Gayle M. Van Bomel (hereinafter "Defendants"), are the owners of property located at 109 Laurel Drive, Enola, PA 17025 , by virtue of Deed dated 08/19/1993 and recorded 08/20/1993 in Official Records Book M 36 at Page 111 of the Public Records of Cumberland County, Pennsylvania (hereinafter the "Property"). (a) Defendant, Gayle Van Bomel a/k/a Gayle M. Van Bomel, is designated as such in the caption on a preceding page, whose last known address is as set forth in the caption, and is the last record owner and mortgagor of the premises being foreclosed and named as a Defendant pursuant to Pa.R.Civ.P. 1144(a)(3). (b) Dennis Van Bomel is being named solely in his/her capacity as Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, pursuant to Pa.R.C.P. 1144(a)(2) (c) Steve Gilligan is being named solely in his/her capacity as Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, pursuant to Pa.R.C.P. 1144(a)(2) (d) Michael Van Bomel is being named solely in his/her capacity as Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, pursuant to Pa.R.C.P. 1144(a)(2) (e) Matthew Van Bomel is being named solely in his/her capacity as Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, pursuant to Pa.R.C.P. 1144(a)(2) (f) Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest from or Under Dennis Van Bomel a/k/a Dennis G. Van Bomel, last record owner ae made party defendants to the extent that they may hold an interest in the subject premises. 3. On 05/26/2005 , Defendant(s) and/or their predecessor: DENNIS VAN BOMEL A/K/A DENNIS G. VAN BOMEL AND GAYLE VAN BOMEL A/K/A GAYLE M. VAN BOMEL promised to pay to the order of Wilmington Finance, a division of AIG Federal Savings Bank , the principal sum of $ 149,400.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 05/26/2005 , Defendant(s) and/or their predecessor: DENNIS VAN BOMEL A/K/A DENNIS G. VAN BOMEL AND GAYLE VAN BOMEL A/K/A GAYLE M. VAN BOMEL to secure the Note, mortgaged to Mortgage Electronic Registration Systems, Inc., as nominee for Wilmington Finance, a division of AIG Federal Savings Bank , the Property which is the subject of this action. The Mortgage was recorded on 05/31/2005 in Official Records Book 1908 at Page 4617. Said Mortgage is incorporated herein by referenced in accordance with Pa.R.C.P 1019(g). A legal description of the mortgage premises is attached hereto and made a part hereof. 5. Said mortgage is in default in that the payment due 11/01/2010, and all subsequent payments have not been made, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with the other charges authorized by said Mortgage and itemized below, shall be immediately due. 6. After demand, the Defendant(s) continues to fail or refused to comply with the terms of the Mortgage as follows: a. By failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; b. By failing or refusing to pay other charges, if any, indicated below. The following amounts are due on the said Mortgage or modification agreement as of the date stated below Unpaid Principal Balance Accumulated Interest Accumulated Late Charges Escrow Deficit/(Reserve) Other Suspense Balance Property Inspection Fee Property Valuation Fee BPO Prior Servicer Fees Title Report Fee Grand Total The above figures are calculated as of 7/7/2014: $138,091.10 $32,508.74 $1,719.43 $9,782.08 ($1,071.21) $52.50 $684.00 $849.50 $300.00 $182,916.14 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 6.25000 %. The per diem interest accruing on this debt is $23.9700 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 $45.99. Plaintiff is entitled to recover attorney's fees and costs in accordance with the terms of the mortgage and note and reserves its right to recover these amounts incurred and to be incurred in bringing and maintaining this action. 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 $ 182,916.14 plus ongoing interest, costs and fees, and charges collectible under the mortgage, including limited to attorney's fees and costs and for s remises. De ' Neeren, VERI ATION 52 I am Caroline Cochran, Contract Management Coordinator of Ocwen Loan Servicing, LLC ("Ocwen") the servicing agent (or servicer) for The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005-4 ("Plaintiff'), am authorized to make this verification on behalf of Ocwen and hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Except where otherwise stated and/or based upon public record, this verification is based upon a review of business records regularly created, kept and maintained in the course of Ocwen's mortgage servicing business conducted on Plaintiff s behalf. In making this verification, I understand that it is a crime under 18 PA C.S. Section 4904 to make a written statement to a public servant, or to invite a public servant's reliance upon a written statement or instrument, which I do not believe to be tyue or which I know to be false Date: CCl/CRx Name: Caroline Cochran Ci)ell."/44-•--""" Title: Contract Management Coordinator Company: Ocwen Loan Servicing, LLC as servicer for The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005-4 Borrower: DENNIS VAN BOMEL A/K/A DENNIS G. VAN BOMEL GAYLE VAN BOMEL A/K/A GAYLE M. VAN BOMEL Property Address: 109 Laurel Drive, Enola, PA 17025 MJU #: 13010175-2 tet Warnot, iner 19r, 15 RA Ordow legwbeef 000026269 pei G. Vito Bowel Gayle M g'sn 'Mosel ZWRIMST 109 LA0REI, WAVE MLA, PA 1102b CVNBSPIANO tovoty 'ria C,SWIALW Tot of loo0 aituata in Lett Penonnoso Townehin, Cumberlami CmitY. Ranneylsen1a, pounded and described as toitowsi at a print on the ventern right of way lite of Lavrel priNe at the noTtneast corner of Lot H. 122 oe the Final SubdieisiOn Plan of Mountain view Estate, Section 1, Phase 2,, recorded in. Elan liatit 49, page 126p thence /long the northern. 11.710 of Lot No. 122 Sowth S1 degrees 00 =outdo 00 teeends Welt 110,90 Foot to a paint at ntber laegt mew or fornorly of Pane:abaft, DeVeldpl*Mt 00rparttlon; elthda tiana tett No -OA. 39 degrees, ainntes 01 sono Welt 90.00 tact to a. point, at tte southwestern Odener of tot Re, 120; thcooe along thi b0,4tIlfrft line og :i.et 120 gu:th 51 decrees 11- Mlauta 00 eacahla Eifel 119,09 feet to a point ea tris wastera right. of way or Laurel Drivu thence along the westeln sight of way “ma of Laurel $0U0 30 do -grate 00 minutee DC tea:tilde Etat 9040 to -et ta a point, the Place of 06WINVIi4. Waal= thereon erected a brick. tad alvitimn, bt-itual dwelling With tWO.'CA1 wage. heioe !flown and numbered 109 Laurel, nsfAm. Fast Fenosboro Temmahip, Vinlatrland Caunty, Pea00.1Nania. Pege, 6 of 6 BK 190 31(i',4 33 '41. be rec.,4:JkAl. aigy PA Rexorder ofDods Cadet Maribor 00032901 To: Dennis G. Van Bomel 109 Laurel Drive Enola, PA 17025 Re: Property Address: 109 Laurel Drive Enola, PA 17025 MJU#: 13010175-2 "Ocwen loan servicing, LLC" Exhibit A To: Gayle M. Van Bomel 109 Laurel Drive Enola, PA 17025 Re: Property Address: 109 Laurel Drive Enola, PA 17025 MJU#: 13010175-2 "Ocwen loan servicing, LLC" August 19, 2013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works._ To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Dennis G. Van Bomel Gayle M. Van Bomel 109 Laurel Drive, Enola, PA 17025 Wilmington Finance, a division of AIG Federal Savings Bank The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005-4 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS_ IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (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. 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 counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. 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 AND FILE AN APPLICATION WITH PHFA WITHIN 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 FILE 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 ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL 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 (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 109 Laurel Drive, Enola, PA 17025 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 Payment of $1,152.32 For November 1, 2010 through June 1, 2013 $39,178.88 Other Charges (itemize/explain) Late Charges $1,765.42 Property Inspection Fees $96.00 Property Valuation Fees/BPO $869.00 Escrow Advance $1,154.29 Suspense Balance $-1,071.21 Total Amount Past Due $41,992.38 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $41,992.38, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING 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 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.): IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs 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 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: Ocwen Loan Servicing, LLC Address: 1661 Worthington Road, Suite 100, West Palm Beach, Phone Number: Fax Number: Contact Person: E -Mail Address: FL 33409 877-596-8580 407-737-5693 Customer Service 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or ❑ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. PLEASE SEE ATTACHED LIST OF CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 05/04/2013 10:57 AM Advantage Credit Counseling Service/CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511-2227 Housing Alliance of YorklY Housing Resources 290 West Market Street York, PA 17401 717-855-2752 PathStone Corporation 1625 North Front St Harrisburg, PA 17102 717-234-6616 PA Interfaith Community Programs Inc 40 B High Street Gettysburg, PA 17325 717-334-1518 Community Action Commission of Capital Region 1514 Deny Street Harrisburg, PA 17104 717-232-9757 Marauatha 43 Philadelphia Avenue Waynesboro, PA 17268 717-762-3285 PathStone Corporation 450 Cleveland Ave Chambersburg, PA 17201 717-264-5913 PHFA 211 North Front Street Harrisburg, PA 17110 717-780-3940 800-342-2397 UDREN LAW OFFICES, P.C. WOODOgES' CORPORATE CENTER 11' w0ODCRESTROAD CHERRY HfU. NJ 08003 To: Denni 109 L Enola 1 111 AG >> PrTNEY BOWES Mrea 7013 0600 0001 2508 5811 7013 0600 0001 2508 5811 0001 38709) A`U 3 19 2013 CL UDPEN UN OFFICES, P.C. WOODCRES7 CORPORATE CENTER 11 i WOODCREST ROAD CHERRY HILL. NJ 08003 1 1 1 11 1 1 1 11 1 7013 0600 0001 2508 5804 7013 0600 0001 2508 5804 Zff' 08903 02 1 Yi 00G 1387090 AUG 19 A0 To: Gayle M 109 Lau Enola, l/tN U4111.LL1iJ SENDER: COMPLETE miS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits, 1. Article Addressed to: ami 5 &. &mei in (A.aed nota PA 702-s COMPLETE THIS SECTlk)N O? DELfVEtY A. Sig X B. Received by (Printed Name) ❑ Agent O Addressee C. Date of Delivery D, Is delivery address different from item 1? 0 Yes 11 YES, enter delivery address below 0 No aType rtifled Mail 0 Express Mali ❑ Registered i'ftetum Receipt for Merchandise ❑ insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label 7013 0600 0001 2508 5811 102596-02-W164o PS Form 3811, February 2004 Domestic Return Receipt USIZILLOSO ratnarru.00 trasar`sxamr+rrulrauaa Tri AA! -M TlAY.S }4 Jp:.rV UTCLSS'=Sr'� SENDER: COMPLETE T MS SECTION • Complete items 1, 2, and 3. Also complete iter 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Gop qpYl 01 til COUC, Cvc IPA r7025— +CCMPLET A Signature X HIS SECTION ON pELIYERY B. Received by (Printed Name) ❑ Agent ❑ Addressee C. Date of Delivery D. is delivery address different from item 1? 0 Yes If YES, enter delivery address below 0 No 3. Service Type ,.0'Gertifted Mail 0 Express Mau O Registered ' —RReturn Receipt for Merchandise ❑ Insured Mal 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service lehel 7013 0600 0001 2508 5804 j PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-15401 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 leadings@udren.com A ATTORNEY FOR PLAINTIFF The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificate holders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005-4 Plaintiff v. COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner Gayle Van Bomel a/k/a Gayle M. Van Bomel, Individually and As Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner Dennis Van Bomel, As Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner Michael Van Bomel, As Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel Matthew Van Bomel, As Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel Steve Gilligan, As Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under Denise Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner Defendants NO. 13-6650 Civil CERTIFICATE OF SERVICE I, David Neeren, Esquire, hereby certify that I have served true and correct copies of the Plaintiffs Amended Complaint in Mortgage Foreclosure upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Date Served: December , 2014 TO: Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner 109 Laurel Drive Enola, PA 17025 Defendant Dennis Van Bomel, Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel 109 Laurel Drive Enola, PA 17025 Defendant Matthew Van Bomel, Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel 109 Laurel Drive Enola, PA 17025 Defendant Gayle Van Bomel, Individually and as Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner 109 Laurel Drive Enola, PA 17025 Defendant Michal Van Bomel, Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel 109 Laurel Drive Enola, PA 17025 Defendant Steve Gilligan, Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel 109 Laurel Drive Enola, PA 17025 Defendant Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner 109 Laurel Drive Enola, PA 17025 Defendant UDRE By: David ► PAIP: • 1 At :: W OFFICES, P.C. , squire 4252 ey for Plaintiff UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificate holders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005- 4 c/o Ocwen Loan Servicing, LLC Plaintiff v. Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Gayle Van Bome, a/k/a Gayle M. Van Bomel, Individually and as Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Dennis Van Bomel, As Known Heir of Dennis Van-Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Michael Van Bomel, As Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Matthew Van Bomel, As Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Steve Gilligan, As Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. 13-6650 Civil ) PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, moves this Honorable Court for an Order directing service of the Complaint In Mortgage Foreclosure by publication in accordance with Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 430(b)(1); and service of all subsequent pleadings, including, inter alia, the Notice of Sheriffs sale, that requires personal service upon Defendants Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner, and the Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right Title or Interest From or Under Dennis Van Bomel, a/lc/a Dennis G. Van Bomel, Last Record Owner, by posting only, of the subject premises located at 109 Laurel Drive, Enola PA 17025, in accordance with Pa.R.C.P. 430; and in support thereof avers the following: 1 Plaintiff filed a Complaint in Mortgage Foreclosure against the above captioned Defendants. 2. Plaintiff has learned that Defendant Dennis Van Bomel, a/k/a Dennis G. Van Bomel„ may be deceased. 3 Plaintiff inquired and found an Obituary for Dennis Van Bomel, a/k/a Dennis G. Van Bomel . A true and correct copy is attached hereto as Exhibits "A". 4. The Plaintiff inquired with the Cumberland County Register of Wills Office and was advised that the County had no record of an Estate being raised.. A true and correct copy of an Affidavit of Good Faith Investigation is attached hereto as Exhibit "B". 4. The Plaintiff inquired with the Department of Vital Records and obtained a Death Certificate of the defendant, Dennis Van Bomel, a/k/a Dennis G. Van Bomel. A true and correct copy is attached hereto as Exhibit "C". 5. It is therefore believed, averred and suggested that Defendant Dennis Van Bomel, a/k/a Dennis G. Van Bomel , is deceased. 6. Plaintiff has made a good faith effort to locate all known heirs so as to name them as party defendants pursuant to Pa.R.C.P. 1144(a)(2) as evidenced by the attached Exhibits. 7. Although specific heirs may have been located, it is believed that there may be other "unknown heirs", who remain unidentified. WHEREFORE, so as to properly satisfy the Pennsylvania Rules of Court, particularly Pa.R.C.P. 1144(a)(2), (a)(3), where the Plaintiff is required to name as party defendants in an action in mortgage foreclosure the heirs of a deceased mortgagor(s), if known, and those of a deceased real owner, the Plaintiff moves this Honorable Court, and hereby requests an Order, pursuant to Pa.R.C.P. 430 et seq., directing service of the Complaint In Mortgage Foreclosure by publication upon the Defendants Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner, and the Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right Title or Interest From or Under Dennis Van Bomel, a/k/a Dennis G. Van Bomel ; and service of any and all subsequent pleadings including, inter alia, the Notice of Sheriffs Sale, that require personal service by posting only, of the subject premises located at 109 Laurel Drive, Enola PA17025. UDREN BY: CES Da d N en Esquire P • 204252 Attorneys for Plaintiff UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(audren.com ATTORNEY FOR PLAINTIFF The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificate holders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005- 4 c/o Ocwen Loan Servicing, LLC Plaintiff v. Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Gayle Van Bome, a/k/a Gayle M. Van Bomel, Individually and as Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Dennis Van Bomel, As Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Michael Van Bomel, As Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Matthew Van Bomel, As Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Steve Gilligan, As Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Defendant(s) COURT OF COMMON PLEAS CWIL DIVISION CUMBERLAND County NO. 13-6650 Civil MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificate holders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2005-4 c/o Ocwen Loan Servicing, LLC, having filed its Motion for Service Pursuant to Special Order of Court, submits this Memorandum of Law in support hereof. Pennsylvania Rule of Civil Procedure 430(a) specifically provides, in part, that "(a) If service cannot be made under the applicable rule, the plaintiff may move the court for a special order directing the method of service." The purpose of the Motion is to seek special service of the Complaint In Mortgage Foreclosure on Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner, and the Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right Title or Interest From or Under Dennis Van Bomel, a/k/a Dennis G. Van Bomel.. It is believed that there may be heirs of the deceased Defendant, yet they are unknown to the Plaintiff. Therefore, because the heirs are "unknown", and thus unidentifiable and unable to be located, service cannot be made under the applicable rule. Pennsylvania Rule of Civil Procedure 1144(a) (2) requires the Plaintiff to name as party defendants in an action in mortgage foreclosure the heirs of a deceased mortgagor. Pa.R.C.P. 1144(a)(3) is silent with regard to the heirs of a deceased real owner. As stated in the attached Motion, Defendants Benedict E. Todt, a/k/a Benedict Eugene Todt is deceased. So as to properly satisfy Pa.R.C.P. 1144(a)(2), (a)(3), a good faith effort to discover the whereabouts of any and all heirs has been made in accordance with Pa.R.C.P. 430(a), as evidenced by the good faith Affidavit of Investigation and Exhibits attached hereto. Known heirs may have been identified herein. However, so as to properly serve , Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner, and any surviving heirs who are unknown to the Plaintiff, but who may have an interest in the mortgaged premises, the Plaintiff seeks service by publication with regard to the Complaint in Mortgage Foreclosure, and posting only, of the mortgaged premises with regard to all subsequent pleadings that require personal service, including, inter alia, the Notice of Sheriffs Sale. Pa.R.C.P. 430(b)(1) provides for service by publication. Further, Pa.R.C.P. 430(b)(2) provides for service by publication on unknown heirs: When service is made by publication upon the heirs and assigns of a named former owner(s) or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. In conformity with Pa.R.C.P. 430(b)(2), the Plaintiff sets forth, as verified in the within Motion, that there may be unknown heirs. In order to complete service on the Defendant Benedict E. Todt, a/k/a Benedict Eugene Todt, Deceased; by and through surviving "unknown heirs", so as to move this foreclosure action forward to ultimate disposition, the Plaintiff respectfully requests that this Honorable Court, pursuant to Pa.R.C.P. 430 et seq., and for all of the reasons hereinbefore stated, and in the attached Motion, grant a Special Order directing service of the Complaint In Mortgage Foreclosure by publication on Defendants Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner, and the Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right Title or Interest From or Under Dennis Van Bomel, a/k/a Dennis G. Van Bomel, and service of all subsequent pleadings including that require personal service, inter alia, the Notice of Sheriffs Sale, by posting only, of the subject premises located at 109 Laurel Drive, Enola, PA 17025. Respectfully submit UDRE W OFFICE Y: David Nee wire Pa. ID 2 Attorneys for Plaintiff UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com The Bank of New York Mellon f/kJa The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificate holders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005- 4 c/o Ocwen Loan Servicing, LLC Plaintiff v. Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Gayle Van Bome, a/k/a Gayle M. Van Bomel, Individually and as Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Dennis Van Bomel, As Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Michael Van Bomel, As Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Matthew Van Bomel, As Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Steve Gilligan, As Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. 13-6650 Civil CERTIFICATE OF SERVICE I certify that true and correct copies of the Motion For Service Pursuant to Special Order of Court was sent to the following person(s) named herein at their last known address or their attorney of record by: xxxxxxx Regular First Class Mail Date Served: December It , 2014 TO: Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner 1098 Laurel. Drive Enola, PA 17025 Gayle Van Bome, a/k/a Gayle M. Van Bomel, Individually and as Known Heir of Dennis Van Bomel a/k/a Dennis G. Van Bomel, Last Record Owner 109 Laurel Drive Enola, PA 17025 Dennis Van Bomel, As Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner 109 Laurel Drive Enola,PA 17025 Michael Van Bomel, As Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner 109 Laurel Drive Enola, PA 17025 Dennis Gerard Van Bomel J Sullivan Funeral Services Page 1 of 1 ENNIS GERARD VAN BOMEL ennis Gerard Van Boatel, 62 of Enola passed away on Tuesday. October 2.2012 at the Holy Spirit Hospital. Born in the Bronx. NY, he was the son o the late Roy Van Bomel and Rose (Buscarino) Van Bomel. e was a U.S. Navy Veteran and worked in the U.S. Post Office as a letter carrier for 20 plus years. e enjoyed fishing. woodworking, and spending time with his family. Surviving is his wife, Gayle; 4 sons, Dennis Van Borrel, Steve Gilligan, Michael Van Bomel, and Matthew Van Borrel: 1 brother, Christopher Van omel; a sister, Regina Brandt; and 2 grandchildren. iewing will be held on Friday. October 5, 2012 from 5:30PM-7PM at the Sullivan Funeral Home, Enola. Services will begin at 7PM at the funeral home. n lieu of flowers, memorial contributions may be made to Hospice of Central PA, 1320 Linglestown Rd, Harrisburg, PA 17110. The Sullivan Funeral Home is honored to serve the Van Bomel family. EXHIBIT A http://www.sullivanfuneralservices.cam/content/dennis-gerard-van-bomel 6/1.2/2013 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificate holders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005- 4 c/o Ocwen Loan Servicing, LLC Plaintiff v. Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Gayle Van Bome, a/k/a Gayle M. Van Bomel, Individually and as Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Dennis Van Bomel, As Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Michael Van Bomel, As Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Matthew Van Bomel, As Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Steve Gilligan, As Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 13-6650 Civil AFFIDAVIT OF GOOD FAITH INVESTIGATION EXHIBIT B The undersigned hereby affirms that she is the attorney for the Plaintiff in this action and that he is authorized to make this Affidavit. The undersigned conducted a good faith investigation of the existence of and whereabouts of any surviving heirs of the deceased Defendant mortgagor and real owners by inquiring with the Cumberland County Register of Wills as to whether an Estate was raised for Dennis Van Bomel, a/k/a Dennis G. Van Bomel, by the granting of the Letters Testamentary and/or Letters of Administration. The Register of Wills advised the undersigned that no decedent's Estate was raised of record, and Letters were not granted. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification of authorities. Dated: December -10 , 2014 By: Dav' , Esquire P : 04252 ttorney for Plaintiff mosso REV.(B/11) This is to certify that this is a true copy of the record which is on file in the Pennsylvania Department of Health, in accordance with the Vital Statistics Law of 1953, as amended. WARNING: It is Illegal to duplicate this copy by photostat or photograph. 7967601 1,60•/161. In hmNn..nt a� No. Marina O'Reilly Matth& State Registrar • June°9, 2014 COMMONWEALTH OF PINN$YLVAMA • OEPARTMIPOT Of HEALTH • VITAL 0000000 CERTWF*CAI E OF DEATH Date 109270 J x`i A L WOd•M'• royal Name Wm., ..Md a. WO, AM. L.a i. Todd Dao d net,1Mo/00y/TH pawl Mo) Donnie Owned Van Baines Staler s�� 00..a..ten nrthd•►ITM) [1. Ynd,•, rpY -Sc.Yrttler mita 0.O•t•d\1 1 MW Malddt) sit 1� .I COTO Iota al A «.n n,M _ Mm. bM. fY Nsn Mwm. Orono'. NY 5 I T0. (eo••••A Brom r. IMNdps. atwo r P ms" GOYHLrI i► n.pdwom 1 100 Laurel non. •Nd - Itch.. Apt 1•..) Or. 6716.0 .R ad 100..W.t In • TdmAbT 610.6. elmasl r. •..d to East POOTIObOro me ah h•.w.rr•• olra.d • and •a annar... (rl. 00,46) i7020 CIS*. 4140•11MO PON area. finer of eloyAmr.J 1 0. ow. b. 0aAAmy.Hamar 10. M GS.. 0 N. 0(Motoian 0 O.o.o.d • of Sum w Timl 6 r• t prblb e..th at 1IA••••*1•e 0 waw . ItnaM a P.n. N.OIII all. .01.•ram*.. r to w mamas.) 0 Nww Mani. D.Wow. Maybe alalo... u. . Ia.me 1y00.1.IOWA 100* 1010.7 Roy Van Menai 20. Mama.. Mor a• rtro Mt in. Iron. Mtlpol. Mat) Roar Buaaadno 10..1.....wra Now 011. w•h.l..rohb in Ogd.M Oayte VO11 0JrlN WIPE 1.611rfm1r1a1Ta lua(.1ra Addna♦ Mow. vW 1).wrbM. Coy. hot•. t1D Dad.) 109 Laurel Dr. meta, PA 17020 ��wl.....- ,It�e.t 000*0 0700 Mb P•tS•m0 _ ben!• bo+n00l0* •tl.na Nnw7 1 A 1.a. M0o N r•1S M IV -cern � iia..in O.bnrw ii�a.�•1- ywar>.� 0r ,~�mRi �••w OHO. 0 OW. C••d .n an •Arti IM pi.n.IN..ato y ..,....,..s trum .. r101y Spilt MOayfdl .Y*00. I.P•dhl P .NIA,. 01.. 6. �G otr Town low. Nod CoL21, 180. OmMty elb•nh OaTp MOI. PA 17p11 Cumberland 30. M.dedd Oltpakla. 0 •N,4al et..... O 1 p111 .l flume 11,1411 O Dnme.ell Orem.... e.. Pow ohpa.el0Ma b. 0• orDnp4b. ld.1 , (e. Mo•Nr00 ,, .50 0*7. or.ah•r MOAN 000 IS. 2012 �i.eaEvans Caarnat on lbendoe aid la.•L. 5010 I1.Ia0 (0 y o. clown .011..16 aN 1.SDIA PA 17160 Ta. b yr. M p....rarlIw .. Y....e. wP0r.on In Ow. at Mone.at irk Limn 0 .nrb.. awNA. eo..r PDA20A0.L 010. Hy.. •00 Cowwlne Ad01.. of 1T•.•mwl twat. Mu Invert PU11an>r Nome ld. Enema 11. Dreamier llouwAm - C0.0 topes How ban daaerl Mu N. ..hat d.naw.mt M molowl w Om aceta de.d% 111 Or. Errata. 1a. 0..edart d 141....61(......00.10tt. best that beat d•.4.e•.N160., Om WM PA 170211 -10.0•e.d*0'.Immo- Coal OM. CO MO01 roan ,o MND. Mot .odw.Nrrt n./ln.e el 0 MA 0.6. om lace. 0 Ma6W5O.6. 0.1.- ... 00011.00MY.016A00a. CHAO the'NM Yb 1rd.0dw•b coo00.... bh0a00w166m.e 0*1.1. awl. 0 .••.M 110.•nod. IX 111.1. .d.N /.,4011• or aw/.Onple.0d IWO. outlaw ~Ai.n0 011p.. nm ipmah/NI.w.Y/{MM.. Ql N.. not 0Pa.Mhw0.owlcA•d0o Li rat. M•.1..o. Marlow. M.•wh L1r.I.0e lll•dt or Y0ef016.1100, 01.160, 0.0 Ades. MaMa0NN0. (3M.wkb.YM..a, AWL 101.• 0010.10..0 Away.. d... (.... AA A.) 0 Ta. 00.,40 lawn M•n 0 /..0 .. 0 ••d...r. Oao0. (•4. OA, •A 00 O0..@r.d..r•.w. MA MA Ming. Ma., may', M0N (] Om MM. (A0. Ptd.. 140r.0 .6),.l 0 r... Cuba 0000 Mh.r..... .Pw.INl.n.O •'� D t.. w Ch•mON. Q la Oreo. 0016' P.M% 00, 0*. 1001 w 6)..r.• ...0141. O. ODD. OVAL µp0 IP) (010000 0 C.1.0110.061 b.o.dw. aq1. h.a Y.i %oral rt tlof • CbeO oML• ONO ha loN.m. of ow. 0 l••••••••••man w).o11M dt awelmn oon•ldMow./ M..or Poen.I t0 h.. Xiw D.ed•e.1. 010,4 mpolon........ d OOM..AM.. Am. Mom 0 ••••••nOdes 00.o1a atmwrr clone drat... moat dv.. .laMA 000 NOT T us 00. , 0 A0..rinn hewn b AWE. /Mem 0 IIIMm no•mt Dani...•../Nm n6). O Latter Cancer 0 Adnr WIWI 011r•I Aamr. O 0 ,0010 C N•ra•.n a Otl.•r pp0e.y1 llA kind da.nbww/lwdblry p PdlPi.a 1p10o 0*0 B Goons H. w I�.n..r. Mall i A .01112•.- 2H MOAT 111:101010110nota .oanONm ,weu g Ouwoa poda. (Mont... ZZYo.yP.�TO.. A++, a ..9.o ia- 't a p iard .r. Mr. , Prone...dm 0...i. (Only wOm eppoo0l.) 0 alyme +>L.100.r " " OCii Sbwd liao7bnn•) as nix 4 90) M w.. M1..e.lO n*MT 0 d.omr 1 b rat 00 MO CAUSE or DrATM Appnole 26.P.wL 0S...' a. eia O:0-40.•.6 id.,4...M ....00 ...-0.0 dti•m.M 05e0 N• stank. 00 NOT 0...1.00..0 worm A..1... a MI. .n... ompe.ory Nowa 0F•.0laolw 0061110bn W0W 010 0* the 1Hde0_ OD NOT AMON.. •MM ono. On• Ora. A00.0dl.lemnl CMS d 000.001► MOAMAT1CAUSE ^. e?ac P*. /t .,. Mann. Maw to Oath 0 A / 01.1 exams drw0atn0 011.••10. y( +vM/aR���iw.aaatc��ROfII .60600oanh) , j a�74TG 4.L.►'rj'� �...Ce✓ e aoae.en ...Vans. Ow tp les ma .Oo.weq ..ne(101 O....Wens 0 th. Gum10. 11 00.r •..e•rtfw 0.0 • (Ammo.16.,10 Da olo n..solwo•dl. 1111 •M11a.y10 Irad.• o0•rta rv.nb. L M OM. LAST. Da o lar a • w.Alluwt0• all. 1a. mw IL 1earmMf era MN mere. in Mr ......d1•w• wows Own b Pant a7. Q •tm..•PwtoN.ad• ) WY an. woo asno.o to aempl.t• n.• 6). of Onal11 ME 0. II •..ab, 0 Mal 100. Obi Taboo= buo 0 11600 0 Wm �r•.0.0I0 M. won.w, d Oa Q Ho. 0 mossommyoth. last yam 0 Pregnann 000 p•06000ie EWA at dor. meP.Mwm who i. ace Ow..d•..N0 0 uo Yt111.Wl1 �N0W01 0 !middy O0 AccOval OwM..w be 001.r.mrOO Mw 0r0•Mnt. 100 p1.e.r0100a.01 mar Imam. d•.. V. O.0 M I.lrry (M.I/O.4ry Hyatt •.•race.) 0 lrtand••t Ifoni o.uM wa. Ma naw war lA tow d Io(.rr M. Mao te 00.ry (.M. horn: rmonowla.. •b.. .050.01.x0 00. a0wta •r Info Pe SWOON a00 M0ab0•..00. Stem tb Cods) .µ Irdrrw w Vtw• r.. M. NT10r. poo.d.n 160nm iw•d00 0d...A... M6•nn.n 7L 00016,4 NOW {WSW 0010,1.10, 0 O 106 0 w CI 0 P•.aw. 0 Other Oman 11. e.M0.. (crow d.. O H.o..NmIng a Cm.... 0 M•d101 matow.•o/C0.0r.T.on 0.13101 .ln.I00o-.To nto *1 tyd0 Meau.wats... Yowl. Owt oo..n bawd•dab..•nd/e• Mmadpd0rt h.1g6..,401.. t wer Omall ~00 n.. • IM POW. .rd Al.00 Oa dm..l. amm..e at the Poe. . ••e.rn.ar.at•e dm; bIM plae•. 0101 a•.e(N ►.d .rrwno.r area 00f16010** TRA. al ...Wet el...)110....100.0 3 7LwC' �' , .we Wu 'Mb. Addermssae... ar pfj04 - OA..N MAaeh/Nw0ld) _171. Ly �.-/-i� •.•�3 / t r•`� „ "v. 6.2 HAP mg.( Gh• AS f .,, -.a .e. /01.3 o -iO. wt.IN r l/.[; •a .' ar -./]1a� 1 Y.ipr.heN - ` , i `/ • 'e f 7_1 y� 4./©- %OC ` no I do/4Z_ W.... 00.0no 0010002 OISOdOr Pw011..b. 410.-1.0 ALN 01/2010 EXHIBIT C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificate holders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005- 4 c/o Ocwen Loan Servicing, LLC Plaintiff V. Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Gayle Van Borne, a/k/a Gayle M. Van Borne!, Individually and as Known Heir of Dennis Van Borne!, a/k/a Dennis G. Van Bomel, Last Record Owner Dennis Van Bomel, As Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Michael Van Bomel, As Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Bomel, Last Record Owner Matthew Van Borne!, As Known Heir of Dennis Van Bomel, a/k/a Dennis G. Van Borne!, Last Record Owner Steve Gilligan, As Known Heir of Dennis Van Borne!, a/k/a Dennis G. Van Bomel, Last Record Owner Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Dennis Van Borne!, a/k/a Dennis G. Van Bomel, Last Record Owner Defendant(s) NO. 13-6650 Civil ORDER r -r1 C,) -71 C- AND NOW, this L, Day of 11,04 , 2014, upon consideration of Plaintiff's Motion For Service Pursuant To Special Order Of Court, and any response thereto, it is hereby ORDERED AND DECREED that Service of the Complaint In Mortgage Foreclosure on, Dennis Van Borne!, a/k/a Dennis G. Van Bomel, Last Record Owner, and the Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right Title or Interest From or Under Dennis Van Bomel, a/k/a Dennis G. Van Bomel, shall be complete when Plaintiff or its counsel or agent has published in accordance with Pa.R.C.P. 430(b)(1) a Notice of the action once in the local legal publication and once in a newspaper of general circulation within the County; and, pursuant to Pa.R.C.P. 430, service of all subsequent pleadings, including, inter alia, the Notice of Sheriffs Sale that requires personal service, shall be complete when the Sheriff, competent adult, constable, or other appropriate party has posted only, a copy of said subsequent pleadings and/or Notice on the most public part of the property located at: 109 Laurel Drive, Enola PA17025, which is the subject matter of this action in mortgage foreclosure. MJU: 13010175-5 (Van Bomel) UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass -Through Certificates Series 2005-4 Plaintiff v. GAYLE VAN BOMEL A/K/A GAYLE M. VAN BOMEL, INDIVIDUALLY AND AS KNOWN HEIR OF DENNIS VAN BOMEL A/K/A DENNIS G. VAN BOMEL, LAST RECORD; DENNIS VAN BOMEL A/K/A DENNIS G. VAN BOMEL, LAST RECORD OWNER; et al ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 13-6650 Civil Defendant(s) PRAECIPE TO REINSTATE AMENDED COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Amended Complaint on the above -captioned matter. DATE: 116,\6 UDREN ,.t%Lii. FICES, P.C. BY: Attorn AMANDA L. :, LJER. ESQUIRE PA. E.D. # 307028