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HomeMy WebLinkAbout14-3471 Supreme C , ; n nsylvania COU h !Of Co"m o leas For Prothonotary Use Only: C . 1� '; '° � IDocket No: Cberand County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S IS Complaint 0 Writ of Summons ❑❑ Petition E ® Transfer from Another Jurisdiction ® Declaration of Taking , C Lead Plaintiff's Name: Lead Defendant's Name: T Ocwen Loan Servicing, LLC David P. Irwin I Are money damages requested? 0 Yes IR No Dollar Amount Requested: ❑within arbitration limits 0 (check one) M outside arbitration limits N Is this a Class Action Suit? 0 Yes Ix No Is this an MDJAppeal? 0 Yes 12 No A Name of Plaintiff/Appellant's Attorney: Elizabeth Wassell Esquire 0 Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. I TORT(do not include Mass Tort.) CONTRACT(do not include Judgments) CIVIL APPEALS Intentional - Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution l Debt Collection: Credit Card ❑ Board of Assessment 1 Motor Vehicle ❑ Debt Collection:Other 0 Board of Elections 0 Nuisance 0 Dept.of Transportation 0 Premises Liability J Statutory Appeal:Other I S 0 Product Liability(does not include Emass tort) 0 Employment Dispute: 0 Slander/Libel/Defamation Discrimination C 0 Other: 0 Employment Dispute:Other ® Zoning Board •I• 0 Other: I L Other: O MASS TORT 0 Asbestos 1 N 0 Tobacco I ❑ Toxic Tort-DES © Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Other: 0 Ejectment 0 Common Law/Statutory Arbitration B J Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent M Mandamus 0 Landlord/Tenant Dispute Non-Domestic Relations i z Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 'J Quo Warranto 0 Dental I3 Partition 0 Replevin 0 Legal ❑ Quiet Title ©Other: ff Medical 0 Other: [3 Other Professional: Updated 1/112011 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 r, SHERRI J.BRAUNSTEIN,ESQUIRE - ID#90675 ELIZABETH L.WASSALL,ESQUIRE-ID#77788 JOHN ERIC KISHBAUGH,ESQUIRE-ID#33078 NICOLE B. LABLETTA,ESQUIRE- ID#202194 DAVID NEEREN, ESQUIRE -ID#204252cI'L, AMANDA RAUER,ESQUIRE -ID#307028 WOODCREST CORPORATE CENTER r � 111 WOODCREST ROAD,SUITE 200 ,- CHERRY HILL,NJ 08003-3620 856-669-5400lep adings@udren.com Ocwen Loan Servicing,LLC COURT OF COMMON PLEAS C/O FIS for Ocwen for GMAC CIVIL DIVISION 1100 Virginia Dr. CUMBERLAND County Suite 175 Fort Washington,PA 19034 1 CI V 1 Plaintiff NO. 1 H V. DAVID P IRWIN 2227 N 3RD STREET HARRISBURG,PA 17110 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 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. �A70,0 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 I. Plaintiff is the entity designated in the caption on a preceding page. Plaintiff is the legal holder of the Mortgage that is the subject of this Action. Plaintiff is either the current mortgagee of record, is the legal holder of the Mortgage by virtue of being successor in interest to the current mortgagee of record, or is the legal holder of the Mortgage by virtue of Assignment of Mortgage. If Plaintiff is the legal holder of the Mortgage by virtue of Assignment of Mortgage, it is by the following Assignments of Mortgage, all of which have either been recorded or Plaintiff is in the process of formalizing the actual Assignment of Mortgage in Plaintiff s favor: Assignor: Mortgage Electronic Registration Systems,Inc.,as nominee for Suncoast Mortgage Corporation Assignee: Ocwen Loan Servicing,LLC Date of Assignment: 03/11/2014 Recorded Date: 03/18/2014 Book/Instrument#: Instrument#201404340 Page: n/a 2. Upon information and belief Defendant(s)and/or their predecessor: David P Irwin (hereinafter"Defendants"),are the owners of property located at 404 North Morris Street,Shippensburg,PA 17257,by virtue of Deed dated 11/07/2008 and recorded 11/21/2008 in Official Records Book Instrument#2008022633 at Page n/a of the Public Records of Cumberland County, Pennsylvania(hereinafter the'Property"). 3. On 11/07/2008,Defendant(s) and/or their predecessor: DAVID P IRWIN promised to pay to the order of Suncoast Mortgage Corporation ,the principal sum of $157,043.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 11/07/2008 , Defendant(s)and/or their predecessor: DAVID P IRWIN to secure the Note,mortgaged to Mortgage Electronic Registration Systems,Inc., as nominee for Suncoast Mortgage Corporation , the Property which is the subject of this action. The Mortgage was recorded on 11/21/2008 in Official Records Book Instrument#2008022634 at Page n/a. 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 12/01/2013, 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 $146,344.63 Accumulated Interest $4,390.32 Escrow Deficit/(Reserve) $770.25 Grand Total $151,505.20 The above figures are calculated as of 04/30/14 The interest rate is subject to adjustment if more fully described as such in the note and mortgage. The interest rate on the subject note is at 6.00000 %. The current monthly accrual of interest on this loan is $731.72 and that sum will be added every month hereafter. 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$0.00. 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$151,505.20 plus ongoing interest, costs and attorneys fees and for sale of the Mortgaged premises. UDREN LAWW OFFICES, P.C. BY: ELYZABETH L WASSALL, ESQ PA ID 77788 VERIFICATION I,TV011C hereby state that I am �� of Ocwen Loan Servicing, LLC, mortgage servicing agent for Plaintiff in this matter. The Plaintiff has delegated the mortgage servicing responsibility to Ocwen Loan Servicing, LLC for the mortgage loan which is the subject of this action. Ocwen Loan Servicing, LLC maintains and is in control of all documents and records supporting the statements in the foregoing complaint and therefore the servicer, rather than the Plaintiff, is the appropriate entity to make this verification. I have reviewed the business records relating to this account, and am authorized to make this verification. I hereby verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: S deo Nam �one T ofoM Title: ��ppfOf Ocwen Loan Servicing,LLC MJU#: 14040208 CASE#: 14040208-1 Franldin County Recorder of Deeds Inst.#:2008-022634 11/21/2008 3:10:35 PM Page 3 of 12 SCHEDULE`.`A" ALL THAT CERTAIN TWO PARCELS OF LAND SITUATE IN THE BOROUGH OF SKppENSBURG,FRANKLIN C6,U TY,PENNSYLVANIA,MORE FULLY BOUNDED AND DESCRIBED AS FOLLOWS: TRACT NO.1 BEGINNING AT A POINT ON THE SOUTH SIDE OF ORRSTOWN ROAD AT LINE OF tOT NO.2 OF THE WEST END LAND COMPANY,WHICH SAID POINT IS 200 FEET WEST OF THE SOUTHWEST CORNER OF ORRSFORRSTOOVRV ROAD AND WRGAN AVENUE;THENCE WESTWARDLY WITH THE SAID SOUTHERN SIDE OF VVN ROAD,IIS FEErTO LINE OF LOT NO.4,NOW OR FORMERLY WET SND LAND COMPANY; THENCE SOUTHWARDLY WITH SAID LOT NO.4,190 FEET,MORE OR LESS,TD LINE OF OTHER LAND NOW OR OR FORMERFORMERLY KE NNETH DRMgRD,OS,B FEET To LINE OF LOT NWITH O-2 OFor�xNG AND WES T END LEAN�W COMPANY;THENCE NORTHWARDLY WITH THE SAID LOT NO,2 OF THE WEST ETp LAND OOMPANY, 190 FEET,MORE OR LESS TO THE SOUTHERN SIDE OF SAID ORR5TOWN ROAD,THE FIRST MENTIONED POINTAND PLACE OF BEGINNING, TRACT NO.2 BEGINNING ATA POINT ON THE SOUTH SIDE OFnRRSTOWN ROAD AND THE lDiE BETWEEN LOT No.2 AND LOT N0.3,OWN®NOW Op;;...- R FOR�+IERLY BY E06AR F.CHARLES,3R.,AND ANNA LCt tARI ES,HIS WIFE,AND HARRISON D.HAMILTOF1rAND,<,Ri10E A HAMILTON,HIS WIFE;THENCE ALONG SAID BOUNDARY LINE M A SOUTHERLY DIRECTTON,19D FEETTO PROPERTY OF KENNETH RINFARD,NOW OR FORMERLY,AND LOT NCI-16,THENCE IN AN EASTERLY DIRECTION ALONG THE REAR PROPERTY LINE OF LOT NO.2 A DISTANCE OF 6 FEET TO A STAN THENCE IN A NORTHWBTEILY DIRECTION BY LAND NOW OR FORMERLY OF EDGAR R CHARLES,JR,AND WIFE,.A DISTANCE OF 192 FEET,MORE OR LESS,TO A POINT ON THE SOUTH SIDE OF THE ORRSTOWN ROAD,THE PIJICE OF BEGINNING. PARCEL NO.27-6A16.422 BEING THE SAME PREMISES WHICH SHIRLEY B.BA1RD,WIDOW,BY DEED DATED 02-28 07 AND RECORDED 03.16 07 IN THE OFFICE OF THE RECORD OF DEEDS IN AND FOR THE cOUNTY OF. FRANKLIN IN RECORD BOOK VOLUME 3421 PAGE 305,GRANTED AND CONVEYED•UNTO DAVID P. IRWIN,A SINGLE PERSON AND NOT E RIGHTSTRAUSBAUGH,A SINGLE PERSON,AS 30Wr TENANTS WITH RIGHT OF SURVIVORSHIP AND NOT AS TENANTS IN COMMON. AND THE SAID BRENT E.STRA156AUGH IS ALSO KNOWN AS BRENT E STRASBAUGM PER A MORTGAGE RECORDED IN.RECORD BOOK VOLUME 3421,PAGE 316. QbX Ocwen Loan Servicing,LLC PO Box 780 3451 HammondAvenue Waterloo IA 50704-0780 Date: 02/03/14 ACT 6 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. HOMEOWNER'S NAME(S): DAVID P IRWIN ADDRESS: 2227 N 3RD ST HARRISBURG PA 17110 LOAN ACCT.NO.: 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. 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:404 NORTH MORRIS STREET SHIPPENSBURG PA 17257 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 12/01/13 through 02/01/14.See attached Exhibit for payment breakdown. Monthly Payments $ 4069.71 Late Charges $ 108.52 NSF $ 0.00 Inspections $ 0.00 Other(Default Expenses and Fees) $ 0.00 Optional Insurance $ 0.00 Suspense $ 0.00 TOTAL AMOUNT PAST DUE: $ 4178.23 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 $ 4178.23,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 or certified check made payable and sent to: Ocwen Loan Servicing,LLC ATTN: Payment Processing PO Box 780 3451 Hammond Avenue Waterloo IA 50704-0780 Exhibit A 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)DAYS 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 andprevent 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, l�us 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 Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six(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: Ocwen Loan Servicing,LLC ATTN: Loss Mitigation Address: 2711 North Haskell Ave. Suite 900 Dallas,TX 75204 Phone Number: 800-850-4622 Fax Number: 866-709-4744 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE—You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale,a lawsuit to remove you and your furnishing and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE—You MAY or MAY NOT 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 FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan,please contact our office immediately at 800-850-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5036 Ocwen Loan Servicing,LLC PO Box 780 3451 Hammond Avenue Waterloo IA 50704-0780 Date: 02/03/14 ACT 6 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. HOMEOWNER'S NAME(S): DAVID P IRWIN ADDRESS: 404 NORTH MORRIS STREET SHIPPENSBURG , PA 17257 LOAN ACCT.NO.: 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. 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:404 NORTH MORRIS STREET SHIPPENSBURG PA 17257 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 12/01/13 through 02/01/14.See attached Exhibit for payment breakdown. Monthly Payments $ 4069.71 Late Charges $ 108.52 NSF $ 0.00 Inspections $ 0.00 Other(Default Expenses and Fees) $ 0.00 Optional Insurance $ 0.00 Suspense $ 0.00 TOTAL AMOUNT PAST DUE: $ 4178.23 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 $ 4178.23,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 or certified check made payable and sent to: Ocwen Loan Servicing,LLC ATTN: Payment Processing PO Box 780 3451 Hammond Avenue Waterloo IA 50704-0780 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)DAYS 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 Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six(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: Ocwen Loan Servicing,LLC ATTN: Loss Mitigation Address: 2711 North Haskell Ave. Suite 900 Dallas,TX 75204 Phone Number: 800-850-4622 Fax Number: 866-709-4744 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE—You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale,a lawsuit to remove you and your furnishing and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE—You MAY or MAY NOT 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 FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan,please contact our office immediately at 800-850-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5036 s FORM 1 IN,THE COURT OF COMMON PLEAS Or',__ CUMBERLAND COUNTY, PENNSYLV Plaintaff(s) r)(,'e-A16an SeTU el'nf SGC. o VS. ,�„ Da l') � � Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.. If you do not have a lawyer,you mast take the following steps to be eligible for a conciliation conference. First, within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you.Once you have been appointed a.legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date. During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached:.hereto,the legal.representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you arerepresented by a lawyer,you:and your lawyer must take the following steps to be eligible for a conciliation:conference.. Tt is 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. Respectful misted. Date [Signature of Cour JR&I,* i%ASSALL, ESQ PA ID 77788 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 provide the following information to the best of your knowledge: 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 Iong? 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: $ In.cluded 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 transnortation(automobiles boats motorcycles : Model: Year: Amount owed: Value Monthly Income Name of Employers: 1.. 2. 3. Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT .Mo a a Food 2° Mortgage Utilities Car Pa ens Condn/Npicrh. Fees Auto Insurance Med.(not covered Auto fuel/repairs Other prop.payment Install.-Loan Payment Cable TV Child Su ort/Atim. Spending Money- Day/Child oneDa /Child Care/Tuit. Other Expenses enses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes F-1 No R If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: 2 i .........._...................—................ 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: V Proof of income Past Z bank statements V Proof of any expected income for the last 45 days VI 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) J FORM 3 IN THE COURT OF.COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) aWerl 16e5-e-rki] C(.,C pluj Defendant(s) CIVIL REQUEST FOR CONCILIATIONN CONFERENCE Pursuant to the Administrative Order dated .2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program,the undersigned hereby certifies as follows: i 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 Progrann",and has taken all of the steps required in that Notice to be eligible to,participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 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 ELIZABETH L.WASSALL,ESQUIRE -ID#77788 JOHN ERIC KISHBAUGH, ESQUIRE -ID#33078 NICOLE B. LABLETTA,ESQUIRE - ID#202194 - c- DAVID NEEREN,ESQUIRE -ID#204252 c �" AMANDA RAVER,ESQUIRE - ID#307028 ; ;rt` WOODCREST CORPORATE CENTER r> t}` 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 Pleadin s udren.coni Ocwen Loan Servicing,LLC COURT OF COMMON PLEAS 1100 Virginia Dr., Suite 175,Fort Washington,PA CIVIL DIVISION 19034 CUMBERLAND County Plaintiff V. NO. David P Irwin 2227 N 3rd Street Harrisburg,PA 17110 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;Elizabeth L.Wassall,Esquire; John Eric lushbaugh, Esquire;Nicole B.LaBletta,Esquire;David Neeren,Esquire,and Amanda Rauer,Esquire on behalf of the Plaintiff, in the above-captioned matter. i UDREN LAW O ICES,P.C�__._-.------- BY: I ELIZABETH t SALL, ESQ P'rA ID 77788 di UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Ocwen Loan Servicing, LLC Plaintiff V. DAVID P IRWIN; et al Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 3q--) PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: a7, # • C -r1 Kindly mark the above DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. DATED: MJU#: 14040208 CASE#: 14040208-1 UDREN LAW OFFICES, P.C. BY:,'J& 0(444eale Attorney for Plaintiff t IZ,V,21) r- rri -V • - CD : C' 7r: CDr 7.3->