Loading...
HomeMy WebLinkAbout14-2332 Supreme Co , ennsylvania Con feChmo �. leas For Prothonotary Use Only: G , 1 V 1 0 tir. S , �h t C Cu i�erland �� County Docket No: y 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 other papers as required by law or rules of court. Commencement of Action: S 0 Complaint ® Writ of Summons 13 Petition © Transfer from Another Jurisdiction © Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: ` T Deutsche Bank National Trust Company Jean Marie Noble A/K/A Jean Noble; Et Al. Dollar Amount Requested: ®within arbitration limits I Are money damages requested? ( Yes 0 No (check one) xl outside arbitration limits I O N Is this a Class Action Suit? ® Yes 0 No Is this an MDJAppeal? © Yes 0 No A Name of Plaintiff /Appellant's Attorney: k O of 3 Check here if you hav no attorney (are a Self- Represented [Pro Sel Litigant) r 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 0 Intentional ® Buyer Plaintiff Administrative Agencies Q Malicious Prosecution ❑ Debt Collection: Credit Card © Board of Assessment k Motor Vehicle ❑ Debt Collection: Other 3 Board of Elections © Nuisance ❑ Dept. of Transportation Premises Liability 0 Statutory Appeal: Other S ® Product Liability (does not include mass tort) 0 Employment Dispute: E 0 Slander/Libel/ Defamation Discrimination C 0 Other: ❑❑ Employment Dispute: Other _l Zoning Board i T ❑ Other: I Other: O MASS TORT Asbestos N © Tobacco © Toxic Tort - DES ® Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste i--1 0 Other: Ejectment 13 Common Law /Statutory Arbitration B [:] Eminent Domain/Condemnation 0 Declaratory Judgment 1 Ground Rent © Mandamus ® Landlord/Tenant Dispute ❑ Non- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial 0 Quo Warranto © Dental © Partition Replevin Legal Quiet Title [3 Other: ❑ Medical Other: © Other Professional: Updated 1 /112011 � z 2 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 `Z.� '� HARRY B. REESE, ESQUIRE - ID #310501 � ELIZABETH L. WASSALL, ESQUIRE - ID #77788 JOHN ERIC KISHBAUGH, ESQUIRE - ID #33078, NICOLE B. LABLETTA ESQUIRE - ID #202194 DAVID NEEREN, ESQUIRE - ID #204252 AMANDA RAUER, ESQUIRE - ID #307028 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 -3620 ` l 856 669 - 5400 pleadings @udren.com ) Deutsche Bank National Trust Company, COURT OF COMMON PLEAS as Indenture Trustee for American Home CIVIL DIVISION Mortgage Investment Trust 2005 -2 CUMBERLAND County C/O Ocwen Loan Servicing, LLC 1661 Worthington Road Suite 100 NO. West Palm Beach, FL 33409 Plaintiff V. JEAN MARIE NOBLE A/K/A JEAN NOBLE 386 WALTON ST LEMOYNE, PA 17043 RONALD LEE NOBLE SR. A/K/A RONALD LEE NOBLE A/K/A RONALD NOBLE 386 WALTON ST LEMOYNE, PA 17043 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. f • 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 t ° 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 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: American Home Mortgage Acceptance, Inc., a New York Corporation Assignee: Deutsche Bank National Trust Company, as Indenture Trustee for American Home Mortgage Investment Trust 2005 -2 Date of Assignment: 10/05/2011 Recorded Date: 10/13/2011 Book/Instrument #: Instrument# 201128414 Page: n/a 2. Upon information and belief Defendant(s) and/or their predecessor: Jean Marie Noble a/k/a Jean Noble, Ronald Lee Noble Sr. a/k/a Ronald Lee Noble a/k/a Ronald Noble (hereinafter 'Defendants "), are the owners of property located at 386 Walton Street, Lemoyne, PA 17043, by virtue of Deed dated 06/15/2005 and recorded 06/20/2005 in Official Records Book 269 at Page 2251 of the Public Records of Cumberland County, Pennsylvania (hereinafter the 'Property "). 3. On 06/17/2005 , Defendant(s) and/or their predecessor: JEAN MARIE NOBLE A/K/A JEAN NOBLE, RONALD LEE NOBLE SR. A/K/A RONALD LEE NOBLE A/K/A RONALD NOBLE promised to pay to the order of American Home Mortgage Acceptance, Inc. , the principal sum of $ 103,200.00 payable with interest thereon provided in the Note. r 4. By Mortgage dated 06/17/2005, Defendant(s) and/or their predecessor: JEAN MARIE NOBLE A/K/A JEAN NOBLE, RONALD LEE NOBLE SR. A/K/A RONALD LEE NOBLE A/K/A RONALD NOBLE to secure the Note, mortgaged to American Home Mortgage Acceptance, Inc. , the Property which is the subject of this action. The Mortgage was recorded on 06/20/2005 in Official Records Book 1911 at Page 2179. 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 01/01/2013, 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 $111,855.23 Accumulated Interest $3,135.41 Accumulated Late Charges $295.04 Escrow Deficit /(Reserve) $1,300.79 Title Report Fee $300.00 Property Inspection Fee $147.00 Property Valuation Fee - BPO $569.00 Grand Total $117,602.47 The above figures are calculated as of 03/27/2014: 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 2.12000 %. The per diem interest accruing on this debt is $6.5900 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 $26.25. Plaintiff is entitled to recover attorneys 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 $ 117,602.47 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 LAW OFFICES, P.C. Ty BY: �� La Esquire VERIFICATION PA I D 2 IJ21OU/4 I Caroline Cochran, Contract Management Coordinator of Ocwen Loan Servicing, LLC ( "Ocwen ") the servicing agent (or servicer) for Deutsche Bank National Trust Company, as Indenture Trustee for American Home Mortgage Investment Trust 2005 -2 ( "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: y Name: Caroline Cochran Title: Authorized Signer Company: Ocwen Loan Servicing, LLC the servicing agent (or servicer) for Deutsche Bank National Trust Company, as Indenture Trustee for American Home Mortgage Investment Trust 2005 -2 Borrower: JEAN MARIE NOBLE A/K/A JEAN NOBLE RONALD LEE NOBLE SR. A/K/A RONALD LEE NOBLE A/K/A RONALD NOBLE Property Address: 386 Walton Street, Lemoyne, PA 17043 MJU #: 13090124 -1 , s EXHIBIT "A" ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerly line of Walton Street, said point being 772 feet southwest by the southern line of Walton Street from Third Street (formerly Rossmoyne Street); thence South 44 degrees 27 minutes 35 seconds East along lands now or late of Pearl R. Swartzell Estate, 400 feet to a point at a pin; thence by a line parallel with Walton Street, South 45 degrees 35 minutes West 53.9 feet to a point; thence North 44 degrees 30 minutes 10 seconds West along lands now or late of James McCormick Estate, 400 feet more or less to the southerly line of Walton Street; thence North 45 degrees 35 minutes East along the southern line of Walton Street, 54.2 feet to a point, the place of BEGINNING. (NOTE: The prior deed omitted the directional call for the third course of the description; thus, such directional call is herein added). BEING the westerly half of Lot No. 10 on the Plan of Lower Walton as recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 1, Page 204. 88774 I BK19f1PG2195 1 � To: Jean Marie Noble 386 Walton Street Lemoyne, PA 17043 Re: Property Address: 386 Walton Street Lemoyne, PA 17043 MJU #: 13090124 -1 EXHIBIT A To: Ronald Lee Noble Sr. 386 Walton Street Lemoyne, PA 17043 Re: Property Address: 386 Walton Street Lemoyne, PA 17043 MJU #: 13090124 -1 ' i i i October 22, 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 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): Ronald Lee Noble Sr. Jean Marie Noble PROPERTY ADDRESS: 386 Walton Street, Lemoyne, PA 17043 LOAN ACCT. NO.: ORIGINAL LENDER: American Home Mortgage Acceptance Inc. CURRENT LENDER/SERVICER: Deutsche Bank National Trust Company, formerly known as Bankers Trust Company of California, N.A., as Trustee for American Home Mortgage Investment Trust 2005 -2 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 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: 386 Walton Street, Lemoyne, PA 17043 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 $723.03 For January 1, 2013 through October 1, 2013 $7,230.30 Late Charges $295.04 Other Charges(explainlitemize) Property Inspection Fees $94.50 Property Valuation Fees /BPO $569.00 Escrow Advance - $1,300.79 Total Amount Past Due: $6,888.05 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 $ 6,888.05, 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: T o 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, 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 Nmay 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. F l 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 Credft Agencies CUMBERLAND County Report lest updated: l0/09MB 05:42 PM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 LiAglestow n 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 717455 -2752 - 717- 762 -3285 PathStone Corporation PathStoue Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, 17102 Chambersburg, PA 17201 717 = 2346616 6 717- 264 =5913 PA Interfaith Community Programs Inc PINA 40 E High Street 211'Not'tli Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717 - 334 -1518 717- 780 -3940 800-342 -2397 i UOREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER " . US F> ifr�E'j)AC >JE�i�pvt y 111 WOODCREST ROAD CHERRY HILL, NJ 08003 , Z1P 08003 (� 91 7199 9991, 7033 3748 6799 02 IVY � 0o5 .0"f 0001387090OCT. 22 2013 z To: Jean Marie Noble 386 Walton Street Lemoyne, PA 17043 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER U.S.POSTAGE »atTNEvBOWES 111 WOODCREST ROAD / , CHERRY HILL, NJ 08003 10�1� .s ZIP 08003 $ 005.0 91 7199 9991 7933 3748 6782 �.0 22. 2013 .i i To: Ronald Lee Noble Sr. 386 Walton Street Lemoyne, PA 17043 FORM 1 De L � Glee, �.�� 1J� o �• � � lhi THE COURT OF COMMON PLEAS OF Tt t^S � Co o p "" ` -/ CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. See yk' tJcr� f �xl� ; g2aw, I�d 6 ►�, E� h ). Defendant(s) NOTICE OF RESIDENTIAL MORTGAGE FORECWSU- Rt �. __. DIVERSION PROGRAM Q r 4 W You have been served with. a foreclosure complaint that could cause you to lose your home. =- k 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 al] 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 not necessary for.you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you. and your lawyer complete a. financial worksheet in the format attached hereto, 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 THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date [Signa ure of Counsel for Plaintiff] 2 r P� V _ML -� n r 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: CUSTOMER/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? FINANCIAL INFORMATION 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 ❑ ........ . - ........ . .... .. . ..... . ........... . . ...... _­­ ........ . . .... .... ____ . . ....... . ... ......... . ....... . ..... . .... . -------- 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: L 2. 3. Additional Income Description (not 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 Mart ge Food 2" Mortgage Utilities Car Payment(s) OondoNei h . Fees Auto Insurance Med. not covered) Auto fuel/repairs Other prop. ayment Install. Loan Payment Cable TV Child. Suppoft /Alim. Spending Money Da /Child Care /Twit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with - a Housing Counseling Agency? Yes No If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: .. . .............. .. . . .... . . . . ......... . .... ......... . ........... . .. . ... 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 V 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) Y Listing agreement (if property is currently on the market) 3 F 3 FORM 3 LA �"St�ne l�Y�tfl N A���JVt�I 1 C tA5 3- Co i — a� y : IN THE COURT OF COMMON PLEAS OF 1� / : CUMBERLAND COUNTY., PENNSYLVANIA Plaintiff(s) vs. SC,0,V,1 Maw; c l\n 4& A)) P Nc 40efendant(s) CIV1: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 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 .Prografn" and has taken all of the steps required in that Notice to be eligible to.pariicipate 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 unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 SALVATORE CAROLLO, ESQUIRE - ID #311050 ELIZABETH L. WASSALL, ESQUIRE - ID #77788 JOHN ERIC KISHBAUGH, ESQUIRE - ID #33078 NICOLE B. LABLETTA, ESQUIRE - ID #202194 §= DAVID NEEREN, ESQUIRE - ID #204252 AMANDA RAVER, ESQUIRE - ID #307028 a,s WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200, a ; CHERRY HILL, NJ 08003 -3620 856- 669 -5400 Pleadin s udren.com Deutsche Bank National Trust Company, as COURT OF COMMON N PLEAS Indenture Trustee for American Home Mortgage CIVIL DIVISION Investment Trust 2005 -2 CUMBERLAND County 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409 r U I Plaintiff NO. �?j V. Jean Marie Noble a /k/a Jean Noble 386 Walton St Lemoyne, PA 17043 Ronald Lee Noble Sr. a /k/a Ronald Lee Noble a /k/a Ronald Noble 386 Walton St Lemoyne, PA 17043 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; Salvatore Carollo, Esquire; Elizabeth L. Wassall, Esquire; John Eric Kishbaugh, Esquire; Nicole B. LaBletta, Esquire; David Neeren, Esquire, and Amanda Rauer, Esquire on behalf of the Plaintiff, in the above - captioned matter. UDREN LAW OFFICES, P.C. BY: e AL ' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson_ it!LED- 4;�='frw`: Sheriff '' ! H +f f E r P RO THONO iAFi Jody S Smith Chief Deputy :. 20111 MAY "% AM rfl 10 Richard W Stewart ' CUMBERLAND COUNTY SolicitorO CE Tuw$kERIF - PENNSYLVANIA Deutsche Bank National Trust Co. vs. Jean Marie Noble (et al.) Case Number 2014-2332 SHERIFF'S RETURN OF SERVICE 04/29/2014 05:20 PM - Deputy Jason Kinsler, 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: Jean Marie Noble at 386 Walton Street, Lemoyne Borough, Lemoyne, PA 17043. ON KINSCEF�2, DE�UTI `< /L JA 04/29/2014 05:20 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: Ronald Lee Noble, Sr., 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 386 Walton Street, Lemoyne Borough, Lemoyne, PA 17043. Deputies were advised by Jean Noble that the defendant passed away in July 2011. SHERIFF COST: $62.08 SO ANSWERS, April 30, 2014 RONNY R ANDERSON, SHERIFF (c) CouniySuite Sheriff, 7eleosofi. Inc. UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 leadin ' s udren.com Deutsche Bank National Trust Company, as Indenture Trustee for American Home Mortgage Investment Trust 2005-2 Plaintiff v. JEAN MARIE NOBLE A/K/A JEAN NOBLE; RONALD LEE NOBLE SR. A/K/A RONALD LEE NOBLE A/K/A RONALD NOBLE; et al Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Q MORTGAGE FORECLOSUREoMrrtm rn CD F./)r; NO. 14-2332 Civil r-= CQ 7 cn tza cn PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. DATED: MJU#: 13090124 CASE#: 13090124-1 UDREN LAW OFFICES, P.C. BY: �. a �`a Attorney for Plaintiff --r rn CD -T1 r°f R p p r -a e 9 n,,,1/71 ill --1,:,,,, r d i fy ,` )., E P,7.),;:l