Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
14-2090
Supreme C nnsylvania Cou L �� leas Atli y� y ' ye f ff ,A( Wm�,6 VV Vv County 9 k 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 requi red by law or rules of court. C mmencement of Action: Complaint 0 writ of summons 0 Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking. Lead Plaintiff's Name: Lead Defendant's Name: Are money damages requested? 0 Yes No Dollar Amount Requested: O within arbitration limits (check one) utside arbitration limits Is this a Class Action Suit? E3 Yes No Is this -an AMJ Appear. Yes No Name of Plaintiff/Appellant's _ Attorney: F z i 2— a blk V\1 \1 ?;La,tj / jq 0 Check here if you have no attorney (area Self- Represented (Pro Sej .Litigant) -. - . L'1 �:LUl� ©��.tiiAO,G ; � Na+ �' tV `111�i �4 *` �'1 �i�J�r Ci� �p�C'�'�o( f, s "S, c. rn �p.,,5 y„c';•,u�7x,,.. '� 4 i ) i . ' r3 S � \ �� i3.4L �><: Y1 � : - 1 � y+V 4 � :�VJt tll'1! f \ t k�'� '.Q : �' ) Y � '✓ \1� '7. 1 k + „y 'L Y } t 4 5 `C L S? '' TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 13 .Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 >Nuisance Dept. of Transportation 0. Premises Liability Statutory Appeal: Other 0 :Product Liability (does not include mass tort) 0 Employment Dispute; O'`SlanderlLibel/ Defamation Discrimination EVOther: 0 Employment. Dispute: Other [3 Zoning Board 0 Other: E] Other MASS TORT O :Asbestos o toba 0 ?Toxic Tort- DES 0 Toxic Tort Implant REAL PROPERTY mscELLANEOUS 0 Toxic Waste Other:.: 0 Ejectment 0 Common Law /Statutory Arbitration 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord/Tamt Dispute ® Non - Domestic' Relations aMortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Q Mortgage Foreclosure: Commercial E3 Quo warranto 0 Dental 0 Partition 0 Replevin 0 gol 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: :. Updated 1412011 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 f` 5� HARRY B. REESE, ESQUIRE - ID #310501 r ELIZABETH L. WASSALL, ESQUIRE - ID#77788 -- JOHN ERIC KISHBAUGH, ESQUIRE - ID#33078 NICOLE B. LABLETTA, ESQUIRE - ID#202194 Y'C5_' DAVID NEEREN, ESQUIRE - ID #204252 - , 7 , JORDAN DAVID, ESQUIRE - ID #311968 -� AMANDA RAUER, ESQUIRE - ID #307028 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 -3620 856 669 - 5400 pleadings @udren.com Wells Fargo Bank, National Association as COURT OF COMMON PLEAS Trustee for Soundview Home Loan Trust CIVIL DIVISION 2007 -OPT4, Asset - Backed Certifi tes, CUMBERLAND County C CU Series 2007 -OPT4 C/O Ocwen Loan Servicing, LLC 11 11 l 1661 Worthington Road NO. I ' Suite 100 West Palm Beach, FL 33409 Plaintiff V. JANET TATE A/K/A JANET A. TATE 598 ZION ROAD CARLISLE, PA 17015 -7111 WESLEY TATE A/K/A WESLEY A. TATE 598 ZION ROAD CARLISLE, PA 17015 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 s the Court your defenses or objections to the claims set forth against you. You are warned that if It�3�AA ']�_* 9&�\Lku 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 O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990 -9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003 -3620 (856) 669 -5400 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: Option One Mortgage Corporation Assignee: Wells Fargo Bank, N.A., as Trustee for Soundview Home Loan Trust 2007 -OPT4, Asset - Backed Certificates, Series 2007 -OPT4 Date of Assignment: 07/22/2013 Recorded Date: 08/14/2013 Book/Instrument #: Inst# 201326940 Page: N/A 2. Upon information and belief Defendant(s) and/or their predecessor: Janet Tate a/k/a Janet A. Tate and Wesley Tate a/k/a Wesley A. Tate (hereinafter "Defendants "), are the owners of property located at 598 Zion Road, (South Middleton Township), Carlisle, PA 17013, by virtue of Deed dated 11/30/1984 and recorded 11/30/1984 in Official Records Book A31 at Page 3 of the Public Records of Cumberland County, Pennsylvania (hereinafter the 'Property "). 3. On 07/13/2007, Defendant(s) and/or their predecessor: JANET TATE A/K/A JANET A. TATE AND WESLEY TATE A/K/A WESLEY A. TATE promised to pay to the order of Option One Mortgage Corporation, the principal sum of $ 225,000.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 07/13/2007, Defendant(s) and/or their predecessor: JANET TATE A/K/A JANET A. TATE AND WESLEY TATE A/K/A WESLEY A. TATE to secure the Note, mortgaged to Option One Mortgage Corporation , the Property which is the subject of this action. The Mortgage was recorded on 07/20/2007 in Official Records Book 2000 at Page 2200. 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 12/01/2011, and all subsequent payments have not been made, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with the other charges authorized by said Mortgage and itemized below, shall be immediately due. 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 $268,217.37 Accumulated Interest $20,365.88 Accumulated Late Charges $1,419.50 Escrow Deficit /(Reserve) $9,870.24 Title Report $300.00 Property Inspection Pees $115.50 Property Valuation Fee- BPO $392.00 Prior Servicer Fees $663.20 Grand Total $301,343.69 The above figures are calculated-as of 1/212014: 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 3.50000 %. The per diem interest accruing on this debt is $26.0800 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 $79.10. 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 $301,343.69 plus ongoing interest, costs, fees, and charges collectible under the mortgage, including but not limited to attorney fees and costs and for sale of the mortgaged premises. UDREN L AW-OFFICES, P.C. BY/ ELIZAS P A ;p 77788 WASSALL, ESQ VERIFICATION 1 Lori Ann Dasch of Ocwen Loan Servicing, LLC ( "Ocwen ") the servicing agent (or servicer) for Wells Fargo Bank, National Association as Trustee for Soundview Home Loan Trust 2007 -OPT4, Asset - Backed Certificates, Series 2007 -OPT4 ("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 to be true or which I know to be false Date:,O._ A / Name: Lori Ann Dasch Title: Authorized Signer Company: Ocwen Loan Servicing, LLC. the servicing agent (or servicer) for Wells Fargo Bank, National Association as Trustee for Soundview Home Loan Trust 2007 -OPT4, Asset - Backed Certificates, Series 2007 -OPT4 Borrower: JANET TATE A/K/A JANET A. TATE WESLEY TATE A/K/A WESLEY A. TATE Property Address: 598 Zion Road, (South Middleton Township), Carlisle, PA 17013 MJU #: 12040564 -1 i All that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, with the improvements thereon erected, more fully described according to a plan prepared by Tom 0. Bietsch, Registered Surveyor, as follows: Beginning at a point in the center of a public road known as the Mount Zion Road, at line of lands now or formerly of Reverend John E. Wilson, et ux; thence by the center line of said road, and the center line of the bridge across the Yellow Breeches Creek, North l 1 3/4 degrees east 660 feet, more or less, to a pin in the center of the first mentioned public road and at the southern edge of Route 174; thence recrossing the Yellow Breeches Creek, South 16 1/2 degrees East, 80 feet, more or less, to a point at low water mark on the southern bank of the Yellow Breeches Creek; thence by the low water mark on the southern bank of the Yellow Breeches Creek in an easterly direction 140 feet to a point at line of other lands now or formerly of Reverend John E. Wilson, et al; thence by said lands due South 173 feet to an elm tree; thence by the same, South 88 1/2 degrees West, 85 feet to a stake; thence by the same, South 16 1/2 degrees East, 338.5 feet to a stake; thence by the same, South 85 degrees 35 minutes West, 324.6 feet to a point and place of Beginning. Exhibit A — Legal Description Certify t1- to be Te '7 n Cumberland Conn y r BK2000PG2210 To: Wesley A. Tate 598 Zion Road Carlisle, PA 17015 -7111 Re: Property Address: 598 Zion Road Carlisle, PA 17013 MJU #: 12040564 -1 Exhibit A To: Janet A. Tate 598 Zion Road Carlisle, PA 17015 -7111 Re: Property Address: 598 Zion Road Carlisle, PA 17013 MJU #: 12040564 -1 April 8, 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 rind 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): Janet A. Tate Wesley A. Tate PROPERTY ADDRESS: 598 Zion Road, Carlisle, PA 17013 LOAN ACCT. NO.: ORIGINAL LENDER: Option One Mortgage Corporation CURRENT LENDER/SERVICER: Wells Fargo Bank, National Association as Trustee for Soundview Home Loan Trust 2007 -OPT4, Asset - Backed Certificates, Series 2007 -OPT4 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE 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 ONLYAND 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: 598 Zion Road, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:_ Monthly Payment of $1,840.40 For December 1, 2011 through April 1, 2013 $31,286.80 Late Charges $1,419.50 Other Charges (itemize%xplain) Property Inspection Fees $10.50 Property Valuation FeesBPO $110.00 Total Amount Past Due: $32,826.80 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION ( 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 $32,826.80, 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 Sheriff's 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 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: 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 HEMAP Consumer Credit Counseling Agencies CUMMI ]BLAND County Report last updated: 01/09/2013 10:27 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 PithStone 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 - 3344518 717 -780 -3940 800 - 342 -2397 r: m.n.....•:.,,..ww.. , E1DREN LAIN OFFICES, P.C. NOODCREST CORPORATE CENTER � 016H26519216 t t 1 WOODCREST ROAD i - • ^.HERRY HILL, H J 08003 06.3 12 7012 1640 0000 5462 18117 i MaUad From 08003 US POSTAGE k ' i 1 5 To: Wesley A. Tate 598 Zion Road Carlisle PA 17015 -7111 A r z AXW11 I . . ............. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION • DELIVERY ■ Complete Items 1, 2, and 3. Also complete A Signature item 4 If Restricted Delivery Is desired. ❑ Agent ■ Print your name and address on the reverse x ❑ Addresses I so that we can return the card to you. B. Received by (Printed Hams) G. Date of Delivery j ■ Attach this card to the back of the mallplece, j or on the -front if space permits. D, Is delivery address different from item 1? 13 Yes 1 Article Addressed to: If YES, enter delivery address below. ❑ No Wtsif R TCL4 I OV) l 0 , a d Carb 1-f M 1 7013 3. Service Type • ❑ Gerdfled Me# ❑ Express Man ❑ Registered ❑ Return Receipt -for MerdmWlse C3 Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) E3 Yes 2. Article Number ?012 1640 0000 5462 1810 Mansfer from Sarvice, label PS Form 3811, February 2004 Domestic Return Receipt 10259&02•A-1640 J;. l __ .... ..... ... ... . UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 0'16H26519216 :911 WOODCREST ROAD CHERRY HILL, NJ 08003 E s 06-319 7012 1640 0000 5462 18031 �tl�¢ �_a 108i'26 Mailed From 08003 US poSTAGE l I To: Janet A. Tate 598 Zion Road Carlisle, PA 1705 -7111 �4 3' - .z i SENDE • SE CTION 1 COMPLETETHIS SECTION ON DELIVERY i Complete items 1, 2, and 3. Also corn A Sdgnature ! Item 4 If Restricted Delivery is desired. E Print your name and address on the reverse X 13 Agent 4 I so that we can return the card to you. 0 Addressee ` I s Attach this card to the back.of the malipiece, 8 ^ Received by (Prfnted Name C. Date of Delivery i or on-the front if space permits. 1. Article Addressed to: D. Is delivery address different from item t? D Yes If YES, enter delivery address below: 13 No '5q� Zion triad a y ( S k P A I / 01 ✓ 788SWcted m a 17 Express Man E3 Return Receipt for Memhandlse n O C.O.D. iveryT (Extra Fee) O Yes 2. Article Number mmwerrro m service law 7012 1640 0003 5462 1803 PS Form 3811 February 2004 Domestic Return Receipt 1 025954240-1540 } 0. FORM 1 IN', THE COURT OF COMMON PLEAS OF Oy 1t� CUMBERLAND COUNTY, PENNSYLVANI� A f� II SSC(,1(,111 Plaintiff(s) y A • Tact . y Defendant(s) civil .t,. 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 2.510 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 for.you to contact MidPenn Legal Service for the appointment of a legal representative. However, you. mustprovide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you. and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE TITE STEPS REQUIRER BY THIS NOTICE. THIS PROGRAM IS FREE. Respectful-ly sWmitted: E� LIZ L WASSALL, ESC c PA ID 777 Date [Signature of Counsel for Plaintiff) 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 PIease protiride the following information to the best of your knowledge: CL)STONIER/PRIMARY APPLICANT 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: How long? INFORMATION FINANCIAL 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 ❑ ............. ......... . .. .... ........ ... . ......... ...... I ..... . ........... — . . . .... . .... . ...... . . ..................... ..... . . ..... ... If yes, provide names., location of court, case number & attorney: Assets Amount Owed: Value: Home: $ Other Real Estate: $ Retirement Funds: $ $ Investments: $ $ Checking: $ Savings: $ $ Other: Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): I 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) Cund-o/Neigh. Fees Auto Insurance Med. not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes F -1 No F If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 .. .. ... ...... ... ... ..... ...... ... ...... . ......... ... . .. ......................... . ... ........... . .. . ......... 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. I /We understand that I /we am/are under no obligation to use the services provided by the above named. Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and Lender's counsel: Proof of income Y Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) FORM 3 IN THE COURT OF COMMON PLEAS OF N � } j i +, SSu u ol" Plaintiff(s) : CUMBERLAND COUNTY, PENNSYLVANIA vs. �Dc endant(s) CIVIL 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 follows: I . 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; 3. 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,parti.cipate 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 1.8 Pa. C.S. §4904 relating to unworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 t. LORRAINE GAZZARA DOYLE, ESQUIRE - ID#34576 SHERRI J. BRAUNSTEIN, ESQUIRE - ID#90675 1 SALVATORE CAROLLO, ESQUIRE - ID #311050 HARRY B. REESE, ESQUIRE - ID#310501''' ELIZABETH L. WASSALL ESQUIRE - ID#77788 7 c 77 JOHN ERIC KISHBAUGH, ESQUIRE - ID #33078 .a NICOLE B. LABLETTA, ESQUIRE - ID #202194 DAVID NEEREN, ESQUIRE - ID #204252 �G f AMANDA RAVER, ESQUIRE - ID#307028 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 -3620 856- 669 -5400 Pleadings @udren.com Wells Fargo Bank, National Association as Trustee COURT OF COMMON PLEAS for Soundview Home Loan Trust 2007 -OPT4, CIVIL DIVISION Asset - Backed Certificates, Series 2007 -OPT4 CUMBERLAND County 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409 Plaintiff NO. V. Janet Tate a/k/a Janet A. Tate 598 Zion Road Carlisle, PA 17015 -7111 Wesley Tate a/k/a Wesley A. Tate 598 Zion Road Carlisle, PA 17015 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, Esquire, and Amanda Rauer, Esquire on behalf of the Plaintiff, in the above - captioned matter. UDREN LAW OFFIC S� BY ELIZABETH L WASSALL, ESQ PA ID 77788 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff t- THE p ,O1 HO C ARY of eitinhct THE Jody S Smith Chief Deputy 2014 MAY 14 PSI 3: 09 Richard W Stewart . Rx CUMBERLAND Solicitor OMCE OF Ftfy $; ERIFF PENNSYLVANIA COUNTY Wells Fargo Bank National Association vs. Janet A. Tate (et al.) Case Number 2014-2090 SHERIFF'S RETURN OF SERVICE 04/14/2014 06:51 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Wesley Arden Tate at 598 Zion Road, South Middleton Township, Carlisle, PA 17013. DAWN KELL, DEPUTY 05/05/2014 09:01 PM - Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Janet A. Tate, 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 Served" at 6151 Galleon Drive, Hampden Township, Mechanicsburg, PA 17050. Service was also attempted at the mortgaged address but Wesley Tate advised that the defendant resides at the 6151 Galleon Drive, Mechanicsburg address, deputies were unable to make contact with anyone at this address for service before the Complaint expired. SHERIFF COST: $84.68 SO ANSWERS, May 09, 2014 RONNY R ANDERSON, SHERIFF (c) CountySui;e Sheriff, Teleosof , Inc. UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, National Association as Trustee for Soundview Home Loan Trust 2007-OPT4, Asset -Backed Certificates, Series 2007-OPT4 Plaintiff v. Janet Tate a/k/a Janet A. Tate; Wesley Tate a/k/a Wesley A. Tate Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. 14-2090 Civil 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): JANET TATE A/K/A JANET A. TATE, 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: -c 37. b JANET TATE A/K/A JANET A. TATE 598 ZION ROAD CARLISLE, PA 17015-7111 A copy of the Return of Service is attached hereto as Exhibit "A". 2. Process was unable to be served at the then last known address of said Defendant(s) as follows: JANET TATE A/K/A JANET A. TATE 6151 GALLEON DRIVE MECHANICSBURG, PA 17050 A copy of the Return of Service is attached hereto as Exhibit "B". 3. Pursuant to Pa.R.C.P. 430, Plaintiff made a Good Faith Investigation, the report thereof being attached hereto as Exhibit "C". 4. Said investigation was unable to determine an alternate address for said Defendant(s). 5. 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. AMANDA L. RAUER, ESQUIRE PA. I.D. # 307028 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Wells Fargo Bank National Association vs. Janet A. Tate (et al.) Case Number 2014-2090 SHERIFF'S RETURN OF SERVICE 04/14/2014 06:51 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Wesley Arden Tate at 598 Zion Road, South Middleton Township, Carlisle, PA 17013. fes' �s.�. ^� �^�„ .'. DAWN KELL, DEPUTY 05/05/2014 09:01 PM - Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Janet A. Tate, 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 Served" at 6151 Galleon Drive, Hampden Township, Mechanicsburg, PA 17050. Service was also attempted at the mortgaged address but Wesley Tate advised that the defendant resides at the 6151 Galleon Drive, Mechanicsburg address, deputies were unable to make contact with anyone at this address for service before the Complaint expired. SHERIFF COST: $84.68 SO ANSWERS, May 09, 2014 (C) CountySuile Sheriff, Teleoscf`: !nc. RONNY R ANDERSON, SHERIFF EXHIBIT, Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ovi of cower, oFncE!sf'TI;E L"I'ERIFF Wells Fargo Bank National Association vs. Janet A. Tate (et al.) Case Number 2014-2090 SHERIFF'S RETURN OF SERVICE 04/14/2014 06:51 PM - Deputy Dawn Kell, being duly swom according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Wesley Arden Tate at 598 Zion Road, South Middleton Township, Carlisle, PA 17013. DAWN KELL, DEPUTY 05/05/2014 09:01 PM - Sheriff Ronny R Anderson, being duly swom according to law, states he made diligent search and inquiry for the within named Defendant to wit Janet A. Tate, but was unable to locate the_Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage ___ a Foredosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Served" at 6151 Galleon \ Drive, Hampden Township, Mechanicsburg, PA 17050. Service was also attempted at the mortgaged address but Wesley Tate advised that the defendant resides at the 6151 Galleon Drive, Mechanicsburg address, deputies were unable to make contact with anyone at this address for service before the Complaint expired. SHERIFF COST: $84.68 SO ANSWERS, May 09, 2014 (c) Counlysuite Shorn:. Toleosoft Inc. RONNY R ANDERSON, SHERIFF EXHIBIT B Commonwealth County of Cumberland Court of Common Pleas Of Pennsylvania Civil Division Plaintiff(s) Ocwen Loan Servicing, LLC vs Defendant(s) Janet Tate a/k/a Janet A. Tate 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, Janet Tate a/k/a Janet A. Tate: 1. On May o8, 2014, I conducted a Skip Trace, the results of which indicated the defendant's current residence is 6151 Galleon Drive, Mechanicsburg, PA, 17050. 2. On May o8, 2014, 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 May o8, 2014, I conducted an Internet search for the Voter Registration Records of the Defendant, the results of which indicated that the defendant is not a registered voter. 4. On May o8, 2014, I conducted an Internet search for the Motor Vehicle Records of the Defendant, with no results obtained from the search. 5. On May o8, 2014, I conducted an Internet search of Facebook, Twitter, Yahoo!, Google and Bing with results from spokeo.com indicating the defendant is living in Mechanicsburg, PA. 6. On May o8, 2014 at 6:47pm I placed a phone call to defendant's neighbor, Viritha Chakilam (717) 766-3148, of 6141 Galleon Drive, Mechanicsburg, PA, 17050 to inquire about defendant's last known address. There was no answer. 7. On May o8, 2014 at 6:48pm I placed a phone call to defendant's neighbor, Tonia Gens (717) 458-5939, of 6139 Galleon Drive, Mechanicsburg, PA, 17050 to inquire about defendant's last known address. There was no answer. 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. 05/08/2014 Date Sheppard, II Skip Trace Manager De Novo Attorney Services, Inc. P.O. Box 20215 Baltimore, MD 21284 Our Job Serial Number: NOV-2014003170 Ref: 12040564-1 EXHIBIT C UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, National Association as Trustee for Soundview Home Loan Trust 2007-OPT4, Asset -Backed Certificates, Series 2007-OPT4 Plaintiff v. Janet Tate a/k/a Janet A. Tate; Wesley Tate a/k/a Wesley A. Tate Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. 14-2090 Civil 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 Returns of Service marked Exhibits "A" and "B" 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 "C". 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: Attorneys for Plaintiff AMANDA L. RAUER, ESQUIRE PA. A.D. # 307028 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 : •519.0111-1 UDREN LAW OFFICES, P.C. BY: Attorneys AMANDA L. RAUER, ESQUIRE PA. I.D. # 307028 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, National Association as Trustee for Soundview Home Loan Trust 2007-OPT4, Asset -Backed Certificates, Series 2007-OPT4 Plaintiff v. Janet Tate a/k/a Janet A. Tate; Wesley Tate a/k/a Wesley A. Tate Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. 14-2090 Civil 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 May, 2014. Udren Law Offices, P.C. Attorney for Plaintiff By: AMANDA L. RAUER, ESQUIRE PA. L.D. # 307028 SERVICE LIST CUMBERLAND COUNTY, PENNSYLVANIA CCP. No. Docket Number: 14-2090 Civil NAME: JANET TATE A/K/A JANET A. TATE MAILING ADDRESS: 6151 GALLEON DRIVE MECHANICSBURG, PA 17050 tort11s co.ro tUmL N L1k 1 t j u. (c S b C, i et) W\ Plaintiff(s) vs. FORM 3 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : v(\-f+ tatt Ic,R ,Uh -e4- A UUTG��'� S� -eL� T t11'r`e I I w-tS1-ey " � Dte endant(s) /9-02°9° CIVIL rn r REQUEST FOR CONCILIATION CONFERENCE - �� ,' e,4 Pursuant to the Administrative Order dated ,--: 72: , 2012 governing the -Cumberland:- • County Residential Mortgage Foreclosure Diversion Program, the undersigned here �errtifecs { as follows: 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; 3. 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. 1 understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsw. falsification to authorities. Signature of Defendant's Counsel/Appointed Date Legal Representative S 7L ✓ rJ . 6 v/" i-4-:A. SKr'Ve, �T -_ -b.-. gLf2.IS Af Signature o % Def ndant Signature of Defendant 11C/9- Date Date FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date ,S .1‘c" �i 9 ., ` (�� Cumberland County ourt of Common Pleas Docket # 0 BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: LJ i y « «e _1 ( r/i 'f*' State:M_ Zip: /7`r' Yes ❑ No Listing date: Price: $ Realtor Phone: Borrower Occupied? Yes Of No ❑ Mailing Address (if different): City: Phone Numbers: Email: # of people in household: State: Zip: Home: Office: Cell: '7/ 7. CC 9 8-4;/6'" Other. e. -f.R {'C 4-2 6 y,4,4,5. (o How long? Se. rQ Mailing Address: City: Phone Numbers: Email: State: Zip: Home: Cell: Office: Other: # of people in household: How long? First Mortgage Lender: aces ,rf o .44.4/%e; Type of Loan: end Ue Ai Tyr we 0, :a Loan Number: ..7 /y oGc707 Second Mortgage Lender: /JC Type of Loan: Loan Number: Total Mortgage Payments Amo t: $ �y0 '/0 Included Taxes & Insurance: Date of Last Payment: I O f v 0 t/ Primary Reason for Default / Ar `f itl (,v b /, /t% 'c-ce i,J, 111 t;e.0 ,' ��tl ( J CC.C;Cie I0 /i /�! / V Is the loan in Bankruptcy? Yes ❑ No "1/./1(y'uC(' /,1tt6A) Date You Closed Your Loan: If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Home: Other Real Estate: $ Retirement Funds: $ Investments: $ Q Checking: Savings: Other: Automobile #1: Model: Amount owed: C Automobile #2: Model: Voiyo Amount owed: 0 9,4"e>lb Value: Value: "'").- Value: $ aClo ac) 0 o 0 $ sal/G.00,0e) Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employer 1. 2. Akio kt,l) Year: aCO Year: a° ZZ) P4 Orlif ccs A1itional Income Description (not wages): f-P: _,, j, ., ,,° monthly amount: C Al(""") C)".' i 47 >-.71. 4)11y A If'' 2. monthly amount: Cc 4 fi,,16:cpaitis Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e 2" Mo • a e 0 131111111.1111.111111 Food _ Car Pa en s r. Condo/Nei . Fees Auto Insurance , —0 .00 Med. not covered Auto fuel/re airs QQ cp1/4-' S Cable TV affliMifiv S endin Mona Other E enses ',...t ' 0 . a INIIIIMINEN 'Ir- - ,/ * , I Ot Install. Loan Pa em IIMIENIMMI Child Su ort/Alim. Da /Child Care/Tu it. Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes E No 1:SL If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes No ❑ If yes, please indicate the status of the application: tOeNitd 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: ` _ 793' Servicing Company (Name): ifI % ►' °c4/e / Lo n, SCri CI ;LLC /=X Contact: Ct ar" r S ire Phone: 7•- 4-9 67- y a? ?j 7 �6'• he t i'H RiZA I/We, LJes%f /V A %e , authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that Uwe am/are under no obligation to use the services provided by the above named. ,/<€ Borrower S r'%'.ture (-40, Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 'N/ Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill -'V Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) STEVEN D. GUINTER, J.D. ATTORNEY AT LAW 480 Cabin Hollow Road Voice: (717) 397 -4397 Dillsburg, PA 17019 Fax: (888) 701 -1538 May 29, 2014 Program Administrator Cumberland County Residential Mortgage Foreclosure Diversion Program Re: Cumberland County 14 -2090 Civil Mortgage Foreclosure Diversion Program Wesley A. Tate & Janet A. Tate To whom it concerns, Mr. Wesley A. Tate has asked me to write this letter to help him respond to the question on the Financial Worksheet that asks him to proved a Primary Reason for Default. Mr. Tate was injured in an automobile accident on October 20, 2011. His injuries prevented him from working at his employment with Remco, Inc., or at any other employment requiring lifting, carrying, driving, or other physical labor. Mr. Tate did receive some long term disability income, but it was only about one -half of his normal income. I represented Mr. Tate in a tort action against the at -fault driver. The insurance companies involved dragged the litigation on for over two years. A settlement was finally reached in February, 2014. Mr. Tate desires to continue to own and reside at the subject property, and he has a plan to make that happen. Firstly, he does have some funds from the tort settlement that he could apply toward the subject mortgage note. Secondly, he plans to charge his son, Andrew, who lives with him in the property, a monthly rental of about $700.00. Mr. Tate's intends to request the lender to work with him to achieve a lower monthly payment, if that is possible, and to request that some of the fees associated with the foreclosure action be waived. Sincerely, Steven D. Guinter, J.D. SDG /JA PA Supreme Court I.D.# 34215 Email: sdguinter @hotmail.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL TRIAL DIVISION Wells Fargo Bank, National Association as Trustee for Soundview Home Loan Trust 2007-OPT4, Asset -Backed Certificates, Series 2007-OPT4 Plaintiff v. Janet Tate a/k/a Janet A. Tate; Wesley Tate a/k/a Wesley A. Tate Defendant(s) NO. 14-2090 Civil ORDER 70. AND NOW, this 3- day of , 2014, 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), Janet Tate a/k/a Janet A. Tate, 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: 598 ZION ROAD CARLISLE, PA 17013 And by mailing by certified mail and regular mail to the last known address of Defendant(s) as follows: JANET TATE A/K/A JANET A. TATE 6151 GALLEON DRIVE MECHANICSBURG, PA 17050 BY THE COURT: WELLS FARGO BANK, N.A., Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANJ, CIVIL ACTION : NO. 14-2090 CIVIL JANET TATE a/k/a JANET A. TATE, and WESLEY TATE a/k/a : WESLEY A. TATE, Defendants AND NOW, this CASE MANAGEMENT ORDER jry_ —,c Jr:21' day of June, 2014, the parties having agreed to a conciliation conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court -supervised Conciliation Conference on / a. t' / 9' ,at /% 3C,,o m. in Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the, date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. Elizabeth L. Wassail, Esquire Udren Law Office, PC 111 Woodcrest Corporate Center Cherry Hill, NJ 08003 For the Plaintiff teven D. Guinter, Esquire 480 Cabin Hollow Road Dillsburg, PA 17019 For the Defendants :rim CC,»•€ 1- L BY THE COURT, Kevin Hess, P.J. UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Wells Fargo Bank, National Association as Trustee for Soundview Home Loan Trust 2007-OPT4, Asset -Backed Certificates, Series 2007-OPT4 Plaintiff v. JANET TATE A/K/A JANET A. TATE; WESLEY TATE A/K/A WESLEY A. TATE Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 14-2090 Civil PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint on the above -captioned matter. DATE: &'lt6114 UDREN LAW At y Sys for Plaintiff David Neeren, Esquire PAiD2O42T2 aixt ll, yS�l atiibtos2 4-e 30-7/05 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ��., � 3aratt.41,4 Jody S Smith ' t j!',4 �„. ,.4 Chief Deputy , Idi j ' " Richard W Stewart lI ` Silt :: , ND E,ia la 1 Solicitor sF-'' E--"4,"3 PENNSYLVANIA Wells Fargo Bank National Association vs. Case Number Janet A. Tate (et al.) 2014-2090 SHERIFF'S RETURN OF SERVICE 06/12/2014 08:42 PM- Deputy Christopher Sharpe, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant,to wit: Janet A.Tate, pursuant to Order of Court by"Posting"the premises located at 598 Zion Road, South Middleton Township, Carlisle, PA 17013 with a true and correct copy according to law. RISTO ER SHARPE, DEPUTY 7 SHERIFF COST: $41.27 SO ANSWERS, June 13, 2014 RONNW 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 Wells Fargo Bank, National :: COURT OF COMMON PLEAS Association as Trustee for : CIVIL DIVISION - = - Soundview Home Loan Trust :: Cumberland County M_M CZ c 2007-OPT4, Asset-Backed z n Certificates, Series 2007-OPT4 € �, Plaintiff V. - - Janet Tate a/k/a Janet A. Tate; et al : NO. 14-2090 Civil 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: 6/19/14 Janet Tate a/k/a Janet A. Tate 6151 Galleon Drive Mechanicsburg, PA 17050 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: UDREN LA CES, P.C. BY: Atto a or Plainti f Neeren, y v n f 3' r s � mi n ASA. van ASS,Ott S; qna too 0XV 3well Why Its z $ y AN A Rom NOW Ina WIT V OFT ax,.y, y?1aa x - ,+dt,• 1 �w, S 2�� iFd3yy�PW�A p�• erkM..ski . ATR ftw-, NOT Sj Y 1r t �r. k .a v v anLU^ LUru �1..,�'""r► WELLS FARGO BANK, N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANI vs. : CIVIL ACTION : NO. 14-2090 CIVIL JANET TATE a/k/a JANET A. . TATE, and WESLEY TATE a/k/a : WESLEY A. TATE, Defendants IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this 2 / day of July, 2014, on request of counsel for the parties, the conciliation conference set for July 18, 2014, is continued to Friday, August 29, 2014, at 1:45 p.m. in Chambers of the undersigned. Amanda L. Rauer, Esquire Udren Law Office, PC 111 Woodcrest Corporate Center Cherry Hill, NJ 08003 For the Plaintiff ✓ Nathan Wolf, Esquire 10 West High Street Carlisle, PA 17013 Local Counsel for Plaintiff g Steven D. Guinter, Esquire 480 Cabin Hollow Road Dillsburg, PA 17019 For the Defendant Cp j'S BY THE COURT,