HomeMy WebLinkAbout14-4060 Supreme Cou it,of,,Pennsylvania
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Cour#of�Com m o Pleas For Prothonotary Use Only:
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1.-,I �`Y , N4 1!�
C >tl Co�er�Sheet f
Docket No: Si.l
Crie land' 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 of pleadings or other papers as required bylaw or rules of court.
Commencement of Action:
S X Complaint 0 Writ of Summons Petition
❑ Transfer from Another Jurisdiction C-j Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
Ocwen Loan Servicing, LLC Wendi M Donnini
T Dollar Amount Requested: E within arbitration limits
I Are money damages requested? R Yes 0 No (check one) S outside arbitration limits
O
N Is this a Class Action Suit? 0 Yes X No Is this an MDJAppeal? 0 Yes IXC No
A Name of Plaintiff/Appellant's aw- --MadY
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.
TORT(do not include A4ass Tort) CONTRACT (do not include,ludgments) CIVIL APPEALS
J Intentional ❑ Buyer Plaintiff Administrative Agencies
J Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
Motor Vehicle F01 Debt Collection: Other ❑ Board of Elections
❑ Nuisance I] Dept.of Transportation
S 0 Premises Liability J' Statutory Appeal: Other
�� Product Liability(does not include
Employment Dispute:
mass tort)
E � Slander/Libel/Defamation Discrimination
C ® Other: Employment Dispute: Other Zoning Board
,I, ❑ Other:
I Other:
O MASS TORT
Asbestos
N ❑ Tobacco
❑❑ Toxic Tort-DES
Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
IJ Toxic Waste J Ejectment OCI Common Law/Statutory Arbitration
B Other: ❑ Eminent Domain/Condemnation C4 Declaratory Judgment
Ground Rent E Mandamus
El Landlord/Tenant Dispute 0 Non-Domestic Relations
iX] Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY ❑' Mortgage Foreclosure:Commercial a Quo Warranto
Dental ❑I Partition 0 Replevin
0 Legal 0 Quiet Title ❑ Other:
❑Cll Medical 0 Other:
no Other Professional:
Updated 1/1/2011
STEVEN K. EISENBERG,ESQUIRE(75736) ''
M.TROY FREEDMAN,ESQUIRE(85165)
LESLIE J.RASE,ESQUIRE(58365)
ANDREW J.MARLEY,ESQUIRE(312314)
JACQUELINE F. McNALLY,ESQUIRE(201332) �
Y
THOMAS F. GALLAGHER,ESQUIRE(316368)
EDWARD J.McKEE,ESQUIRE(31672 1)
STERN&EISENBERC�PC
1581 MAIN STREET, SUITE 200
THE SHOPS AT VALLEY SQUARE
WARRINGTON,PA 18976
TELEPHONE: (215)572-8111
FACSIMILE: (215)572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
CUMBERLAND COUNTY
Ocwen Loan Servicing, LLC Civil Action Number: n,
1661 Worthington Road /y— zlOGO C:� 77P�l^n
Suite 100
West Palm Beach, FL 33409
(Plaintiff) Complaint in Mortgage Foreclosure
V.
Wendi M Donnini
10 Briarwood Ct
Camp Hill, PA 17011-1511
(Defendant(s))
CIVIL ACTION - MORTGAGE FORECLOSURE
This is an attempt to collect a debt and any information obtained will be used for that purpose.
NOTICE
You have been sued in Court. If you wish to defend the claims set forth in the following pages, you
must take action within twenty (20) days after this Civil Action and notice are served, by entering a
written appearance personally or by attorney and filing in writing with the Court your defense 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 Civil Action or
for any other claim or relief requested by the plaintiff. You may lose money or property of other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE ALA ER, OR
�n3 . 7S
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP. 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.
Cumberland County Bar Association
Lawyer Referral Service
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
STEVEN K. EISENBERG,ESQUIRE(75736) ;, ytr4ti is `
M. TROY FREEDMAN,ESQUIRE(85165)
LESLIE J. RASE,ESQUIRE(58365)
ANDREW J. MARLEY,ESQUIRE(312314) e
JACQUELINE F.MCNALLY,ESQUIRE(201332), N- ';U
i
THOMAS F. GALLAGHER,ESQUIRE(316368)
EDWARD J. McKEE,ESQUIRE(31672 1)
STERN&EISENBERG�PC
1581 MAIN STREET, SUITE 200
THE SHOPS AT VALLEY SQUARE
WARRINGTON,PA 18976
TELEPHONE: (215)572-8111
FACSIMILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
CUMBERLAND COUNTY
Ocwen Loan Servicing, LLC Civil Action Number:
1661 Worthington Road
Suite 100
West Palm Beach, FL 33409
(Plaintiff) Complaint in Mortgage Foreclosure
V.
Wendi M Donnini
10 Briarwood Ct
Camp Hill, PA 17011-1511
(Defendant(s))
CIVIL ACTION—MORTGAGE FORECLOSURE
NOTICE AVISO
You have been sued in court. If you wish to Le han demandado a usted en la corte. Si usted
defend against the claims set forth in the quiere defenderse de estas demandas expuestas en
following pages, you must take action within las paginas siguientes, usted tiene veinte (20) dias
twenty (20) days after this complaint and notice de plazo al partir de la fecha de la demanda y la
are served by entering a written appearance notificacion. Hace falta asentar una comparencia
personally or by attorney and filing in writing escrita o en persona o con un abogado y entregar a
with the court your defenses or objections to the la corte en forma escrita sus defensas o sus
claims set forth against you. You are warned that objeciones a las demandas en contra de su
if you fail to do so the case may proceed without persona. Sea avisado que si usted no se defiende,
you and a judgment may be entered against you la corte tomara medidas y puede continuar la
by the court without further notice for any money demanda en contra suya sin previo aviso o
claimed in the complaint or for any other claim or notificacion. Ademas, la corte puede decidir a
relief requested by the plaintiff. You may lose favor del demandante y requiere que usted cumpla
money or property or other rights important to con todas las provisiones de esta demanda. Usted
you. puede perder dinero o sus propiedades u otros
derechos importantes para usted.
YOU SHOULD TAKE THIS PAPER TO A
LAWYER AT ONCE. IF YOU DO NOT HAVE Lleva esta demanda a un abogado
A LAWYER, OR CANNOT AFFORD ONE, GO inmediatamente. Si no tiene abogado o si no tiene
TO OR TELEPHONE THE OFFICE SET FORTH el dinero suficiente de pagar tal servicio, vaya en
BELOW TO FIND OUT WHERE YOU CAN persona o llame por telefono a la oficina cuya
GET LEGAL HELP. THIS OFFICE CAN direccion se encuentra escrita abajo para averiguar
PROVIDE YOU WITH INFORMATION donde se puede conseguir asistencia legal.
ABOUT HIRING A LAWYER.
IF YOU CANNOTAFFORD TO HIRE
LAWYER, THIS OFFICE MAYBEABLE TO
PROVIDE YOU WITH INFORMATION
ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS
ATA REDUCED FEE OR NO FEE.
Lawyer Referral and Information Service
(Asociacion de Licenciados Servicio de Referencia e Informacion Legal)
Cumberland County Bar Association
Lawyer Referral Service
32 South Bedford Street
Carlisle, PA 17013
(800) 990-9108
NOTICE PURSUANT TO THE
FAIR DEBT COLLECTION PRACTICES ACT
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN
AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.
You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty
(30) days of receipt of this letter,this firm will obtain and provide you with written verification thereof,
otherwise,the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of
receipt of this letter, this firm will send you the name and address of the original creditor if different
from above.
IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A
DISCHARGE IN BANKRUPTCY(AFTER ENTERING INTO THE RELEVANT MORTGAGE
NOTE AND MORTGAGE (OR OTHER SECURED OBLIGATION)AND HAVE NOT
REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE
CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE
ENFORCEMENT OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY(SECURED
PROPERTY).
STEVEN K. EISENBERG,ESQUIRE(75736)
M.TROY FREEDMAN,ESQUIRE(85165)
LESLIE J. RASE,ESQUIRE(58365)
ANDREW J.MARLEY,ESQUIRE(312314)
JACQUELINE F.MCNALLY,ESQUIRE(201332)
THOMAS F. GALLAGHER,ESQUIRE(316368)
EDWARD J. McKEE,ESQUIRE(31672 1)
STERN&EISENBERC�PC
1581 MAIN STREET, SUITE 200
THE SHOPS AT VALLEY SQUARE
WARRINGTON,PA 18976
TELEPHONE: (215)572-8111
FACSIMILE: (215)572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
CUMBERLAND COUNTY
Ocwen Loan Servicing, LLC Civil Action Number:
Suite 100
West Palm Beach, FL 33409
(Plaintiff)
V. Complaint in Mortgage Foreclosure
Wendi M Donnini
10 Briarwood Ct
Camp Hill, PA 17011-1511
(Defendant(s))
COMPLAINT
CIVIL ACTION—MORTGAGE FORECLOSURE
1. Plaintiff is Ocwen Loan Servicing, LLC (hereinafter referred to as "Ocwen Loan Servicing,
LLC") with offices located at 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409.
2. The Defendant(s), Wendi M Donnini, adult individuals with a last-known address of 10
Briarwood Ct, Camp Hill, PA 17011-1511.
3. Under the date of 03/31/1999, defendants, Wendi M Donnini, executed and delivered to
AccuBanc Mortgage Corporation a mortgage upon the property 10 Briarwood Court, Camp
Hill, PA 17011 (the "Property") to secure the payment of the sum of$109,944.00. The said
mortgage is recorded in the Office for the Recorder of Deeds in and for Cumberland County,
Pennsylvania on 04/01/1999, at Book 1530 at Page 928, and is incorporated herein by
reference as though set forth at length herein. A true and accurate copy of said Mortgage is
attached hereto and made a part hereof as Exhibit "A."
4. An assignment transferring the mortgage originally with AccuBanc Mortgage Corporation
(Originating Lender) is as follows:
i. Assignment from AccuBanc Mortgage Corporation to GMAC Mortgage
Corporation, a Pennsylvania Corporation, recorded on November 17, 1999, in (book)
630, (page) 854, was duly recorded in the Office for the Recorder of Deeds in and
for Cumberland County, Pennsylvania.
i) ii.Assignment from GMAC Mortgage Corporation, a Pennsylvania Corporation
to Ocwen Loan Servicing, LLC was prepared and is in the process of being
recorded in The Office Of The Recorder Of Deeds in and for Cumberland
County, Pennsylvania.
5. Wendi M. Donnini is the real owner of Property 10 Briarwood Court, Camp Hill, PA 17011.
6. In accordance with Pennsylvania law, the required pre-foreclosure notice (under Act 91/Act 6 as
may be applicable), was sent to the defendant(s) and no response was made in the appropriate
period of time. A true and correct copy of the aforesaid notice is attached hereto, made a part
hereof, and marked as Exhibit"B".
7. The said loan is in default as a result of the failure to pay the monthly installment of$1,126.52
due on August 01, 2013 and each month thereafter.
8. The following is due on the loan:
PRINCIPAL BALANCE: ..................................................................$81,258.46
INTEREST TO THE DATE OF 06/24/2014
AT THE CURRENT RATE OF 7.2500%
(CURRENTLY A PER DIEM OF $16.36) ........................................$5,891.28
ESCROW ADVANCES:....................................................................$2,180.64
BPOS/APPRAISALS: .......................................................................$200.00
PROPERTY INSPECTION:..............................................................$123.00
TITLECOSTS:..................................................................................$625.00
FORECLOSURE COST....................................................................$100.00
LATE CHARGES ACCRUED TO 06/24/2014.................................$130.24
(LATE CHARGES AFTER 06/24/2014 SHALL ACCRUE AT THE MONTHLY
RATE OF $45.06.)
LESS SUSPENSE BALANCE:.........................................................($325.00)
TOTAL DUE:.....................................................................................$90,183.62
Attorney fees and costs are allowed in conformity with the mortgage documents and Pennsylvania law,
and Plaintiff reserves the right to recover these amounts incurred and to be incurred in bringing and
maintaining this action.
WHEREFORE, Plaintiff, Ocwen Loan Servicing, LLC requests this Court to enter judgment, IN
REM, for foreclosure of the mortgaged property for the sum of$90,183.62 and all of famounts set
forth above, less any suspense as set forth above, together with record costs, and y other amounts that
accrue including, but not limited to, attorney fees and costs over the course o the instant matter, and
for the foreclosure and sale of the mortgaged property.
Res ct y.Siib rtted:
By:
❑ Steven Fi nberg, Esquire (75736)
❑ M. Troy reedman, Esquire (85165)
❑ eslie J. Rase, Esquire (58365)
Andrew J. Marley, Esquire (312314)
❑ Jacqueline F. McNally, Esquire (201332)
❑ Thomas F. Gallagher, Esquire (316368)
❑ Edward J. McKee, Esquire (316721)
Stern & Eisenberg, PC
1581 Main Street, Suite 200
The Shops at Valley Square
Warrington, PA 18976
Phone: (215) 572-8111
Facsimile: (215) 572-5025
Date: tfreedman@sterneisenberg.com
�J
Re: Wendi M Donnini 10 Briarwood Court, Camp Hill, PA 17011
XXXX24326
VERIFICATION
I, Caroline Cochran , hereby state that I am a(n) Contract Management Coordinator of Ocwen
Loan Servicing, LLC, Plaintiff in this matter. Ocwen Loan Servicing, LLC maintains and is in control
of all documents and records supporting the statements in the foregoing complaint and therefore 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.
Name: Caroline Cochran
Title: Contract Management Coordinator
Ocwen Loan Servicing,LLC
Loan No: OBM324
Borrower. WENDI M.D Data(D: 481
Tbx Parccl Idem(Gcetion Number: ..RODE^•I V.ZIEGLER 3 S
i
RL•C0R7["OF DEEDS
001AOERW10 g0WITY-.A
'99 APR 1 AN 1129
G.MA Ca ay- d.,dx43o res 891J4(1-4.7-99>
R to •ACCUBANC MOMWAGE COMRA7I
P.O.BOX 809068
DALLAS,'[ERAS 75380-9066
(spew Aemw Tw Uns rw n."„drn u.e.l
'NA C_
Nn
441-595179'2 703
MORTGAGE
THLS MORTOAOE("Sacutity Untrvment")is given on the 31st day of March,1999.
Tbo mortgagor is WEND(M.DONNIM I
whose addnas is 10 BRIARWOOD COURT,CAMP HILI,PENNSYLVANIA 17011
Thus Security Iatkumem it glym 10 AOCUBANC MORTOAOE CORPORATION,A CORPORATION, w Borrowcee
organised and cxbdng under the laws of the State of TEXAS,and whose address is 12377 MERIT DRIVE,#600,P.O.
BOX 809089,DALLAS,TX 7525I
("Lender").
Borrower awes Leader the principal sum of ONE HUNDRED NINE THOUSAND NINE HUNDRED FORTY-FOUR
and NOfl00--•Ddlan(U.S.$109044.00). This debt is evidenced try Borrower's note dated the same date as this
Security Instrument("Nato"),which provides for monthly payments,with the full debt,if not paid caber,due and payable
on April 1,2029. This Security Instrument secures to Lender(a)the repayment of the debt evidenced by the Notc,with
interest,and OU mnewsh,extensions and modUicatlons of the Note;(b)the payment of all other sum$,with interest,
advanced under paragraph 7 to protect the security of this Security Instrument;and(c)the performanoc of Borrower's
covenaota and agreements under this Soourity Instrument and the Nota Wr this purpose,Borrower does hereby .
mortgage, grant and comey to Lender the following dosaebed property located In the City of CAMP HILL,
CUMBERLAND County,PentoyManle:
PENNSYLVANIA FNA MORTGAGE tone p.p r d7Pops)
Infl l l19 1111InII1I1IN I MII11011 1
. ..... eour2530►g(aE 928
EXHIBIT
LEOAL DESCRIP71ON A7TAC HED HEREM AND MADE A PART'HEREOF
Which has the Bddress of 10 BRIARWOOD COURT,
P If" CAMP HILL,
cap 0eoerl ("PropertyAddreast�rl
T0OMt0+WrM aU the ImProvements now or hereafter crated on the property,and aU casements,appurtenances,
and futures now or hereafter a part of the property. All replacements and additlotu shell Rho be covered ft
Instrument AU of the foregoing is referred to in this Searity Imu trumaas the"Propmly,• Security
mon Boaaowm Covers that Borrowor b IewTuly seised of the estate hereby conveyed and has the
Sage,grant and cowry the Property and that the Property b right to
Bonewer warrants and will defend generality Putt against all dhns and d
y the title to the Pro except for 4aambraaoa of to any
n y
encumbrances of record. eemands,subject to arty
Tits Seeuxrry INTMUMWT combines uniform spvernants for national use and non-uniform oo
variations by jurbdkyEon to comlituto a uniform securhy Instrument covering res►property. veaagts with Limited
UNuq+ss COVE"AwFIL Borrower and l cruder covenant and agree as follows:
I.Payment of Prindpai,Interest and Lata Clarye, Borrower shall pay when due the principal of,and interest
on,the debt evidenced by the Note and Late chargee due uodor the Nota
2. Monthly Payment of Taxes, Insurance and Other C
Peymen4 together with the principal and interest as set forth in the Note and any let orchar Include sum
In each monWy
special Bsscas ments kvied or to be kvied agahst the Property,(b)leasehold mu+sum for(a)traces and
and(c)preralurns for instsnsnoe required undo paragraph 4. Gra a paymea4 or ground rents on the Property,
'Mwanco premium to the Secreta of Hous mY year to which the Lender must pay a mortgage
7 Ing and Urban Development('SeertLW),of in soy year in which such
premium would have been required U bender still hold the Security Instrument,cacti moot
efthcr.(r)a sum for the annual mortgage insurance premium to be paid by Lender la the Shlyesta t or shall also
onwnthe
charge instead of a mon ry, C) y
amount to be detumined lrsuranee premium F this Sonmlty Inst is held by the Secretary.In a reasonable
by the Socretary. Except for the monthly charge by the Secretary,these Items arc called
'Escrow Items'and the sums paW to Lender aro called Ticmw Funds.•
Lender may,at any thee,collect and hold amounts for Escrow Items in an aggregate amount not to exceed the
maximum amount that may be required for Borroweri escrow rooWures
account under the Real Estate Settkmeat P
tAimeto time 12 U.S.C.
2tAl a leg.and implementing regulations,24 CFR Pan 3500,as they may be amerded from
( 7.except that Iia cushion or reserve permitted by RESPA for unaatkipated disbursements or
disbursements before the llorra%ves payments are available in the account may not be based on amounts due for the
mortgage insurance premium.
B00115301`Aq .929 10195 (Por 2 of 7 Pg")
i
Loan No: 08854324 Date ID: 481
If the amounts MW by Lender for Fiaow[te»tfi )hesellpotlnts permitted so be Mkt by RESPA,Lender
shall account to Borrower for the excess funds as roqulrcd'by RESPA' If the amounts of funds held by Lender at any
time are not to
to pay the Escrow[term when due,Lender may notify the,Borrower and require Borrower to make
up the shortage as permitted by RESPA.
The Escrow Funds are pledged as additional security for a0 sums secured by this Security Instrument. If Borrower
tenders to Lender the full payment of all such sums, Borrowers account shall be credited with the balance remaining
for all installment Items(a),(b),and(c)and any mortgage insurance premium installment that Leader has not become
obligated to pay to rite Secretary,and Lender shall promptly refund any esass funds-to Borrower. Immediately prior to
a foreclosure sale of the Property or its acquisition by Lender.Borrowers account shall be credited with any balance
remaining for all installments for hems(a),(b),and(c).
3. Application or Payments. All payments under paragraphs I and 2 shall be applied by Linder as follows:
gj sLt,to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by
the Secretary instead of the monthly mortgage Imuranec premium;
Second to any taxa,special assessments,leasehold payments or ground rents,and fire,flood and other hazard
insurance premiums,as required;
71d,to intetnt due under the Note;
Fourth to amortization of the principal of the Note,and
Fi(11,y to late charges duo under the Note.
4. Fire,Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property,wbother
now In existence or subsequently erected,against any hazards,casualties,and contingencies,Including fire,for which
Lender requites Insurance. This Insurance shall be maintained In the amounts and for the periods that Lander requites.
Borrower shall also insure all improvements on the Property,whether now in existence or subsequently erected,against
loss by floods to the extent required by the Secretary. All[murence shall be carried with companies approved by Leader.
TM insurance policies and any renewals shall be MW by Lender and shall include loss payable clauses in favor of;and
in a form acceptable to,Lender.
In the event of lass,Borrower shall give I coder immediate notice by mut Lender may rake proof-of loss if
not made promptly by Borrower. Each insurance company concerned Is hereby authorized and directed to make payment
for such loss directly to Lender,instead of to Borrower and to Lender Jointly. Aft or any part of the insumnoo prooeods
may be applied by Lender,at its option,either(a)to the reduction of the indebtedness under the Note and this Security
Instrument,fust to any delinquent amounts applied In the order in paragraph 3,and thea to prepayment of pthadpal,
or(b)to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not
extend or postpone the due date of the monthly payments which are referred to In paragraph 2,or change tho amount _
of such payments. Any excess insurance proceeds over an amount required to pay all outstanding Indebtedness under
the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes
the indebtedness,e0 right,title and interest of Borrower lot and to insurance policies in form sba8 pass to tla purchaser.
S. Oecopaney,Presesvatloa,Maiotemaea and Protection or the Prepertyl Dononars Loan Appliationf
Leaseholds. Borrower shag occupy,establish,and use the Property as Borrower's principal resideace within sixty days
after she execution of this Security Instrument(or within shay days of a later utile or transfer of the Property)and shall
continue to occupy the Property as Borrowers principal mawanoe for at last one year after the slate of occupancy,
unless Lender determines that requlrcoscnt will cause undue hardship for Borrower,er unless extenuating eernstaneer
exist which era beyond Bonowers control Borrower shall notify Lender or arty extenuating circumstances. Borrower
shall not commit waste or destroy,damage or substantially change the Property or allow the Property to deleeior etc,
rcesonable.war and tear oxceptc4 Leader may inspect the Property if the Property Is vacant or abandoned or the loan
is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower
shall also be in default If Borrower,during the ban application proous,Savo materially fake or Inaccurate infommtion
or statements to Lender(or failed to provide Under with soy material information)In connections with the We evidenced
by the Note.Including,but not gtnllcd to,representations concerning Borrowers occupancy of the Property as a principal
residence. If this Security Instrument is on a leasehold,Borrower shall comply with the provisions of the lure. If
Borrower acquires fee titter to the Property,the leasehold and fee Lida shag not be merged unless Lender agrees to the
merger in writing.
6. Condemnation, The proceeds of any award or claim for damages,direct or consequential,in connection
with arty condemnation or other taking of any pari of the Property,or for conveyance in plum of coodcmnatb4 arc
hereby assigned and shell be paid to Leader to 01e extent of the full amount of the indebtedness that remains unioid
under the Note and this Security instrument. Lender thall apply such proceeds to the reduction of the indebtedness under
She Note and this Security Instrument,first to any delinquent amounts applied in the order provided in paragraph 3,and
then to prepayment of principal. Any application of the proceeds to the principal shall riot extend or postpone the due
80011530= 030 dam fvq.3 of 7 r a..f
•.lolill"A
data of the monthly peymen%which are referred to In paregrepn or chango the amount of such payments, Any a am
proceeds over an amount required to pay an outstaadbtg Indebtedness under the Note and this Security Instrument shag
be paid to the entity legally entitled thereto.
7. Cbmryet to Borrower and Protection or Leader's Rights In the Property, Borrower stall pay all
governmental or municipal charges,Met amd Impositions be,arebot included to paragraph 7 Borrower dull pay theme
obligations on time direaly to the entity which Is owed the payment. If regure to pay would adversely affect Lender's
interest In the Property,upon I eudor'a request Borrower shag promptly furnish to Lender receipts evidencing theme
payments.
It Borrower Falb to make these payments or the payments required by paragraph 2,of rant to perform any other
covenants and agreements contained In this Security Instrument,or lhcte is a legal proceeding that may slgniBnmly
affect Lenders righu in the Property(stuff as a proceeding in bankruptcy,for condemnation or to enforce laws or
regulations),then Lender may do and pay wbatever is ncomsoy to protea the value of the property and Lendces rights
In the Property,including payment of uri s,hazard insurance and other hems mentioned in paragraph L
Any amounts d'abursed by Lender under this paragraph shag becmno an additional debt of Borrower and be
scared by this Security Instrument. These amounts shag bear interest from the date of disbursement at the Note nate,
and at the option of Lender shall be tmmWiatety due and payable.
Borrower shag promptly discharge any gest which has priority over this Socrtrfty Instrument unless Borrower.(a)
agrees in writing to the payment or the obligation secured by the lien In a crammera000ptabio to Leader.(b)contests
good(With the lien by,or deteads ataist enforcement of the Ban his legal ProocadInge which Ice the Lenders opinion
operate to preen the enforcement of the lien or(c)secures from the holder of the ben an agroarecert satisfactory to
Lender subordinating the lien to this Security Intrument. It Lender deaermirw that any pan of the Property is subject
to a lien which may attain priority over this Security Instrument,Lender may give Borrower a notice Idenlr tg the Hem
Borrower shag satisfy the Ilan or take one or more of the action set forth above within LO days of the giving of notion.
8. pees. Lender may collect fees and charges authoriaad by the Secretary.
9. Grounds for Acceleration of Debt.
(a)Defi.ult. Lander may,except as limited by regulations Issued by the Secretary In the case of payment
defaults,require immediate payment in frog of all sums secured by this Security Instrument LE
(1) Bonowerdcfaults by Ming to pay In full any monthly payment requhcd by this Socuritylnttumeat
prior to or on the duo date of the nae monthly payment,or
(i) Borrower defaults by falling,for a period of thirty days,to perform may other obligation contained
In this Security Instrument.
(b)Bale Without Credit Approval. Lender shag if permitted by applicable law(Including talon 341(d)
Of the t arnSt Germain Depository Insthutiom Act of 1982.,12 U.S.0 1701]-3(d))and with the prior approval
of the Secretary.require immediate peyntatt m fug of a0 sums secured by this Security instrument if.
() All or part or fire Property,or a beneficial Interest in a trust owning all or pan of the Property,
Is sold or otherwise transferred(other than by devise or descent),and
(17) Ito Property Is not occupied by the purchaser or grantee as his or her principal residence,or
the purchaser or grantee does t occupy the Property,but his or her credit has not been approved in
accordance with the requirements of the Secretary.
(c)No Walver, If dratm tsmoa occur that would parodt Lander to require isomedLle payment In full,but
Leader does not require such payments,l:aodcr does no,waive Its righa with respeet to subsequtml events
(t)ReQrtlatlons of HUD Secretary. in many circumstanoa regulations Issued by the Secretary will limit
L.eoders rights,in the cue of payment defardu,to require inuraduto payment in full std foreclose if not
paid. TMs Security Instrument does not authorim aooekratioo or foreclosure if rot permitted by regulation
of the Secretary.
(e)Mortgage Not Insured.Borrower agrees that if this Security Instrument and the Note are not determined
to be el4pbk for Insurance under the National Housing Act within 90 days from the date hereof,Lerder may,
at Its option roqutm immediate payment Ins full of all sums sea, by this Security Intrument. A written
statement of any authorized agent of the Secretary dated subsequent to 90 days from the date hereof,
declining to Insure this Scarily Instrument and the Note,shag be deemed conclusive proof ofaeh irncgglbiliq.
Notwithstanding the foregolog,this option may not be exorased by Leader when the unavailability of isurancc
is solely due to Lender's failure to remit a montage insurance premium to the Secretary.
10. Reinstatement Borrower has a tight to be reinstated If Lender has requb*d Immodisto payment In full
because of Borrower's failure ro pay an amount due under the Note or this Security hutnrmcm. This flight applies even
after foreclosure proceedings arc Instituted. To rdmtete the Security Instrument,Borrower shall tender In lump sum
all amounts required to bring Borrower's account current Including,to the extent they are obligations of Borrower under
this Security Instrument,foreclosure costs and reasonable and customary attorney's foes and expenses property associated
sood530ra t .931
10196 trey..of 7 po..f
Loon No: O88S4314 Data ID. 481
with the foreclosure proceeding Upon reinsuvow 'by�rtbw�V.1kIs Security Imtroment and the obligatioru that it
secures shall remain in effectu if l.erder had not rceic5d Inim7:dQfte'jayment in full. However.Lender is not required
to permit reinstatement if:(i)fender has accepted reinstatement tateent after the commencement of foreclosure proceedings
within two years immediately preceding the commeneemcat of a current foreclosure proceeding,(fl)reinstatement will
preclude foreclosure on different grounds in the future,or(6i)reinstatement will adversely affect the priority of the lien
ereated by this Security ItntrurnertL
it. Borrower Not Released;Porhearanee•By lender Not a waiver. Extension of the time of payment or
modification of amortization of the surto secured by this Security Instrument granted by Lender to any successor in
interest of Borrower shall not oporste to release the liability of the original Borrower or Borrower's successor in interesL
lender shall not be requited to commence proceedings against any successor in interest or refuse to extend time for
payment or otherwise modify,amortization of the sums seared by this Security Instrument by reason of any demand
made by tho original Borrower or Borrower's suo=- ra In interest. Any forbeamnce by!coder in exercising any right
or remedy shall not be a waiver of or preclude the—rd of any right or remedy.
13. Successors and Assigns Bound;joint and Sercral Labifltyl Co-Slaners. The covenants and agreements
of this Security Instrument shag bind and benefit the successors and asdgnt of Lender and Borrower,subject to the
provisions of paragraph 9(b). Borrowers covenanu and agreements shag be joint and several. Any Borrower who oo-
signs this Security Instrument but does not execute the Note:(a)is cosigning this Security Instrument only to mortgage,
grant and convey that Borrowers Interest In the Property under the terms or this Security Instrument;(b)is not personalty
obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may
egroe to adcad,modify,forbear or make any accommodation with regard to the terms of this Security Instrument or the
Note without that Borrowers conscuL
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or
by marling it by first clue mail unless applicable law requires use of another method. the notice shall be directed to
the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender thall be given
by first class mail to Landers address slated herein or any address Lcoder designates by notice to Borrower. Any notice
provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as
provided In this paragraph.
10. Gunrning Law,Sevembillty. This Security Instrument shall be governed by Federal law and the law of
the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument
or the Note aMkts with applicable law,such conflict shall not affect other provisions of this Security Instrument or
the Note whine can be given effect without the mnBicting provision To this cad the provisions of this Security
Instrument and the Note are declared to be severable.
1S. Ea..owes Copy. Borrower shall be gircn one conformed copy of the Note and of this Security Instrument.
16. Hazardous Bobstantes. Borrower shall not ause or permit the presence,use,disposal,storage,or release
of army Hazardous Substances on or in the Property. Borrower shag not do,nor allow anyone also to do,anything
affceting ttre Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to
the presence,uscor storage on the Property of small quantittes of Hazardous Substances that are gencndly recognized
to be appropriate to normal residential uses and to maintenance of the Properly.
Borrower shall promptly give Lender written notice of any Investigation,claim,demand,lawsuit or other action
by any governmental or regulatory agency or private party Involving the Property and any Hazardous Substance or
Environmental Lav of which Borrower has actual knowledge- If Borrower[cum,or is notified by any governmental or
regulatory authority,that any removal or other remodlatlon of any Hazardous Substances affecting the Property Is
necessary,Borrower shall promptly take all rsmessary remodial actions In accordance with Environmental Law.
As used in this paragraph 16,'Hazardous Substsnm•are those substances defined as toxic or hazardous
substances by Environmental Law and the following substausoes: gasoline,kerosene,other flammable or toxic petroleum
products,toxic pesticides and herbkddct,volatile solvents,materiels containing asbestos or fomroldehyde,cad radioactive
materials. As used in this paragraph 16,'Environsentd Law'means federal laws and laws of the jurisdiction where the
Properly is located that relate to heaitd,safety or environmental protection.
Nor-UNrroau CovrxAwra. Borrower and L=Aar further covenant and agree as follows:
17. Assignment of Renu. Borrower uneonditlon ally assigns and transfers to Lender all the rents and revenues
of the Properly. Borrower authorizes L coder or Lcrdces agents to collect the rents and revenues and hereby directs each
tenant of the Property to pay the rents to Lender or Lender's agents. However,prior to Lenders notice to Borrower
of Borrowers bread of any covenant or slimmest in the Security Instrument,Borrower shall collect and receive all rents
and revenues of the Property as trustee for the betsefit of Lender and Borrower. This assignment of rents constitutes
an absolute assignment and not an assignment for additional security only.
If Lender gives notice of breach to Borrower: (a)all rents received by Borrower shall be held by Borrower as
trustee for benefit of Lender only,to be applied to the suras seared by the Security Instrument;(b)Leader shall be
entitled to collect and receive all of the rents of the Property;and(c)each tenant of the Property shall pay all rents due
and unpaid to Lender or Lenders agent on Lenders written demand to the tenant.
c00K1530PAct .932
10105 (Pass.5 of y P.a.t)
Borrower hes not executed any prior as tp/•iia seats find hes not and will not perform any ac that would
prevent Lendcr from exercising its rights uodcf this pailgraph 17.'`�
Leader shall rat be required to enter upon,take control of or maintain the Property before or atter giving notice
of breach to Borrower. However,Lender or a judicially appointed receiver may do so at any tate there Is a breach
Any app0ation of rents shall not cure or waho any default or Invalidate any aha right or randy of Leader. Ibis
aulgnnreat of rents of the Property shall terminate when the debt secured by the Security Imsuumem Is paid in NIL
I& Foreclosure Procedure, If lender requim Immediate payment In lull under pamgMh 9,lender may
foreclose this Security Inatrument by Judktal proceeding. Lender shall be eatitled tocalled all expanses Incurred
In pursuing the remedies provided W this paragraph 18,Including,but not limited to,reasomable attorneye fees and
costs of title evidence.
If the Pander's Interest In this Security InsWmeot Is held by the Secretary and the Secretary requires
Immediate payment In(Wl under paragraph to the Secretary may invoke the nogladicial power of sale provided to
the Slagle Family Mortgage Fortck"m Act of 19%('Act') (u U.S.C-37SI et sm.1 by requesting a Poteelotaro
commiulooer designated under the Act to commence foreelocure and to sell the Propesly at provided In the AcL
NotbIR In the preceding aeatenoe shall deprive the Secretary of any rights otherwise available to a Leader under
ibis Paragraph 18 or applicable law.
19. Release. Upon payment of all sums teamed by this Security Instrument,this Security Instrument and the
estate cunveyed shall terminate and become void. Atter such ooc urtemce,Lends shall discharge and satisfy this Security
Instrument without charge to Borrower. Borrower shall pay any recordation costs.
2D. Waivers. Borrower,to the extent permitted by applicable law,waives and releesa any error or defects in
proceedings to enforce this Security Instrument,and hereby waives the benefit or any,present or future laws providing
for stay of execution,extension of time,exemption from attachatent,levy and sale,and homestead arcmption.
2t. Relnatatemeat Period. Borrower's time to reinstate provided in paragraph 10 slu0 extend to one hour
prior to the commencement of bidding at a sheriffs sab or other sale pursuant to this Security Instnmreat.
22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument Is lent to Borrower to
require title to the Property,this Security Instrument shall be a purchase money mortgage.
23. Interest Rate After Judgment. Borrower agrees that the Interest rate payable after a Judgment k entered
on the Note or in an action of mortgage foroctosum shall be she rata payable from time Yo that under the Note.
21. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together
with this Security Instrument,the covenants of each such rider shall be Incorporated Into and shall amend and supplement
the eovemau and agreements of(bb Security instrument as if the rWer(t)were a pen of this SccuMy Instrument.Ishak
applicable box(es)).
❑ (.lorndomlydum Rider ❑ Growing Equity Rider
❑ Planned Unit Development Rider ❑ Graduated Payment Rider
❑ Other Itpedfyl
I
60011$30rita'6t33 10111111 lvago a of 7 Pepaa)
Loan No: 08854324 Data ID: 481
rms
BY SIGNING BELOW,Borrower accepts and agrees to the tecontained in this Security Instrument and in any
rider(s)executed by Borrower and recorded with it.
(Pddd Name
t/ ._I Q� _..�................._._......___.._..(Seal)
�V��sd��IIGL�D•O�NN[Nl—Bonwnr
lead a.1.Thb LLw w.Aoaw,w.ea ,
mof P S �Ajfl
Co }� ¢
Coof
of (,( � ¢
uodeOn this
otBcer ppyonadyyf' 19Qr,before me, �L.P /i /—.
WENDI M.DONNINI knotvtta to r:neb(od r satisfactorily proven)to be the person whom name is Pact subscn a' within thin
Instrumentsame for and Acknowledged that she ceecuted the safor the purposes 'therein contained.
In witness whereof I hereunto set hand and official seal
my
VUfRHDTARIEA`p,BllEpAtslryR:
.!Zxrripartar�1'uOYc
My commissbn expirca:
ted• cmc)
CERTIFICATE OF RESIDENCE
I, do hereby arllfY that the correct add rrls of the within �y-named Lender Is 12377 MERIT
D D 77( 75251,witness my band this�" of .41 dj:a�1oS
Agent of Lender)
eow1153Qt�¢oE +934 '°"° ('•°•'°"Pogn)
First American Title Insurance Company
Commitment Number: 990093
SCHEDULE C
PROPERTY DESCRIPTION
The land referred to in this Commitment is described as follows,
ALL THAT CERTAIN piece or parcel of land, situate lying and being in Haspdan
Township, Cumberland County, Pennsylvania, more particularly bounded and
described as follows,
BEOINUXNG at a point on the easterly line of Brierwood Court, a 50 foot wide
right-of-way, which maid point is located 155.00 feet in a southerly direction
from the intersection of the southerly line of Briarwood Lane, also a 50.00
foot wide right-of-way, and the easterly line of Brierwood Court, and said
point of beginning, also being located at the intersection of the easterly
line of Briarwood Court and the dividing line between Lots Nos. 30 and 31 on
the Plan of Lots known as "Countryside, Section (A)sl thence, from maid point
of beginning along the dividing line between Lots Non. 30 and 31, north 74
_. degrees 37 minutes east, 116.00 feet to a point on the westerly property line
of Lot No. 26 on the aforesaid plan of lots, thence, from said point along the
westerly property line of Lots Nos. 26 and 25, south 15.degreen 23 minutes
east, 85.00 feet to a point on the dividing line between Lots Noe. 31 and 32
on the aforesaid Plan of Lots, thence, from said point along the dividing line
between Lots Non. 31 and 32, south 74 degrees 37 minutes west, 116.00 feet to
a point on the easterly right-of-way line of Briarwood Court, thence from said
point along the easterly right-of-way line of Briarvood Court, north 15
degrees 23 minutes went, 55.00 feet to a point, the point and place of
BEGINNING.
BEING Lot No. 31 on the Plan of Lots known as Countryside, Section (A),
prepared by Charles H. Junkies, Registered Surveyor, dated December 4, 1973
and recorded in the Office of the Recorder of Deads of Cumberland County an
April 11, 1974 in Plan Book 25, page 6. .
HAVING thereon erected a dwelling known and numbered an 10 Briarwood Court.
UNDER AND SUBJECT to all Acts of Assembly, County and Township Ordinances,
rights of Public Utility and Public Service Companies, existing restrictions
and easements visible or of record to the extent that any personn or entities
have acquired legal rights thereto.
BEING the same premises which John M Forte and Peggy J. Forte, his wife, by
Deed dated March 22, 1993 and reocrded March 30, 1993 in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, in Dead Book
E-36, page 869, granted and conveyed unto Donald A. Graves. -
r'
ALTA Cem{tment
sehe dile C
POCKWOPAW 4935
STERN & EISENBERq PC
1581 MAIN STREET, SUITE 200
THE SHOPS AT VALLEY SQUARE
WARRINGTON,PA 18976
TELEPHONE: (215) 572-8111
FACSIMILE: (215) 572-5025
Date: May 8, 2014
COMBINED NOTICE UNDER
ACT 6 and ACT 91
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 THIRTY-THREE (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 NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE
AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE
PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU EXHIBIT
PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
r t
HOMEOWNER'S NAME(S): WENDI M DoNNINI
PROPERTY ADDRESS: 10 BRIARWOOD COURT,CAMP HILL,PA 17011
MAILING ADDRESS: WENDI M DONNINI 10 BRIARWOOD CT CAMP HILL,PA 17011-1511
LOAN ACCTNO.: XXXXX4326
ORIGINAL LENDER: ACCUBANC MORTGAGE CORPORATION,A CORPORATION
CURRENT LENDER/SERVICER: OCWEN LOAN SERVICING,LLC,BY ITS SERVICER OCWEN LOAN
SERVICING,LLC
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE
PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY
CIRCUMSTANCES BEYOND YOUR CONTROL,
X 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 (plus three (3) days for mailing) from the date of this
Notice. 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 THE NEXT (33) DAYS. 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.)
If you have tried and are unable to resolve this problem with the lender, 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. Your application
MUST be filed or postmarked within thirty (30) days of your face-to-face meeting.
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.
AGENCYACTION-- 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: 10 BRIARWOOD COURT,CAMP HILL,PA 17011
IS IN SERIOUS DEFAULT because:
A.YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due:
Monthly Payments from 08/01/2013 through and including May 8, 2014 as follows:
Monthly Payments of$1,126.52 due on 08/01/2013 through and including 09/01/2013,
inthe amount of................................................................................ $2,253.04
Monthly Payments of$1,175.25 due on 10/01/2013 through and including 05/01/2014,
inthe amount of................................................................................. $9,402.00
TOTAL OF PAYMENTS IN DEFAULT: .....................................................$11,655.04
Other Charges (Explain/Itemize):
LateCharges: .................................................................................... $130.24
OtherFees Due: ............................................................................... $618.00
LessSuspense: .................................................................................. $0.00
TOTAL OF OTHER CHARGES:..................................................... $748.24
TOTALAMOUNT DUE: ...................................................................................$12,403.28
B. Reserved for items other than amounts set forth in A. above.
HOW TO CURE THE DEFAULT --You may cure the default within THIRTY-THREE (33) DAYS of
the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WHICH IS $12,403.28 ,PLUSANYMORTGAGEPAYMENTSAND LATE CHARGES WHICH
BECOME DUE DURING THE THIRTY(3 0) DAYPERIOD. Payments must be made either by cash,
cashier's check, certified check or money order made payable and sent to:
Ocwen Loan Servicing, LLC , by its servicer Ocwen Loan Servicing, LLC
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
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 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 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 four (4) to six (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: Ocwen Loan Servicing, LLC (Except in ME,NH, RI or
Orleans Parish, LA,then foreclose in the name of Federal
National Mortgage Association)
ADDRESS: 1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
PHONE NUMBER: (800)446-2936
FAX NUMBER: (407) 737-6300
CONTACT PERSON: Ocwen Loan Servicing LLC
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 X 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.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
(See Attached Page)
Sincerely,
STERN I E
BY•
drew J. Marley, E
Stern & Eisenberg, P
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR MAIL
NOTICE PURSUANT TO THE
FAIR DEBT COLLECTION PRACTICES ACT
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS
NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS
REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THAT PURPOSE.
You may dispute the validity of the debt or any portion thereof. If you do so in writing within
thirty (30) days of receipt of this letter, this firm will obtain and provide you with written
verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within
thirty (30) days of receipt of this letter, this firm will send you the name and address of the
original creditor if different from above.
IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A'
DISCHARGE IN BANKRUPTCY(AFTER ENTERING INTO THE RELEVANT MORTGAGE
NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT)THEN THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO
COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE
MORTGAGE/LIEN AGAINST REAL PROPERTY.
EAComprehensive Mousing Counseling Agencies
PENNSYLVANIA HOUSING FINANCE AGENCY Agencias de Consejo al Cliente para Vivienda
Cumberland County
*CCCS of Western PA-York
888.511.2227/888.511.2227
55 Clover Hill Road
WIAIW.cccspa.org
Dallastown PA 17313
Community Action Commission-Capital Region
717.232.9757
1514 Derry St
www cactricounty.org
Harrisburg PA 17104
Harrisburg Fair Housing Council
717.238.9540
2100 N 6th St
Harrisburg PA 17110
Housing&Redevelopment Authority-Cumberland Cnty
866.683.5907/717.249.0789
114 N Hanover St;STE 104
www.cchra.com
Carlisle PA 17013
Pathstone Corporation Pennsylvania
717.234.6616
1625 North Second St
www.r-uralise.org/pathstone_pa.htm
Harrisburg PA 17102
Pennsylvania Interfaith Community Programs,Inc.
717.334.1518
40 E High St
www.adamschaorg
Gettysburg PA 17325
Report last updated:4/30/2012 9:03:04 AM
Prepare Date: April 30,2014
NOTE: NOTE:Many of the agencies offer workshops at various location sites;call to find a location near you.
U.S.POSTAGE>>PITNEY E30WE
Name and STERN& EISENBERG
18976
Address M* 1581 Main Street,Suite 200 02 ZIP Ivy $ 002.6
of Sender Warrington,PA 18976 T;'e. 0001371685 MAY. 08. 201,
Line Article Postage Fee
Number
WENDI M DONNINI
10 BRIARWOOD CT
R.R I
CAMP HILL,PA 17011-1511
2
3
4
5
6
7 PHFA
PO BOX 8029
Er
HARRISBURG, PA 17105-8029 ru
8
9 co
Postage $
Certified Fee i j
C3 Return Receipt Fee Postmark
C:) (Endorsement Required) i �11 1, t
12 1". L Here,,
C3 RestrictedDe ive Fee kill".
(Endorsement
.r're
d
Required)13 C3
Lrl
,
0
r-:1 Total Postage&Fees
14 C3 -Sent To-
---------------- ....
Street,Apt.?�Y,' -VvrENDIMDONNINI ---- ........
15 RE. ACT NOTICE or PO Box No.
I . 10 BRJARWOOD CT ..............
Total Number of Total Number of Pieces Postmaster,Per(Name of Receiving CAMP HILL,PA 17011-1511
Pieces Listed by Sender Received at Post Office Employee) LEM
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson FILED -OFFICE
Sheriff &F NE PRO'T HORDTAR
�t� rr
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
1� , bi Ciul�L
$,ye
OFFICE OF THE SHERIFF
itith JUL 22 M12: 56
CUMBERLAND COUNTY
PENNSYLVANIA
Ocwen Loan Servicing Center, LLC
vs. Case Number
Wendi M Donnini 2014-4060
SHERIFF'S RETURN OF SERVICE
07/15/2014 07:21 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint in
Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the
Defendant, to wit: Wendi M Donnini at 10 Briarwood Court, Hampden Township, Camp Hill, PA 17011.
CLI.Lo-r1 . kiduLd
DAWN KELL, DEPUTY
SHERIFF COST: $44.95 SO ANSWERS,
July 16, 2014
(c) CountySuite Sheriff, Teleosoft, Inc.
RONR ANDERSON, SHERIFF
MW
STEVEN K.EISENBERG,ESQUIRE(75736)
M.TROY FREEDMAN,ESQUIRE(85165) ; ' r,6:0-"r'
LESLIE J.RASE,ESQUIRE(58365)
WILLIAM E.MILLER,ESQUIRE(308519)
C) 1I1,
ANDREW J.MARLEY(312314) 8
STERN&EISENBERG PC C tj ' '
1581 MAIN STREET,SUITE 200 P r `±f ;C 0 Ri'l T
WARRINGTON,PENNSYLVANIA 18976
TELEPHONE:(215)572-8111
FACSIMILE:(215)572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
Ocwen Loan Servicing, LLC
V.
Wendi M Donnini
Civil Action Number: 14-4060
Defendant(s)
MORTGAGE FORECLOSURE
PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Enter judgment in favor of Plaintiff and against Defendant(s), Wendi M Donnini , for failure of
said Defendant(s)to file a responsive pleading to the Complaint within twenty(20) days of
service thereof.
PRINCIPAL BALANCE...............................................................................$81,258.46
INTEREST accrued thru 06/24/2014 of .......................................................$5,891.28
Interest after 06/24/2014 shall accrue at the per diem
rate of$16.36.)
LATE CHARGES accrued thru 06/24/2014 of.............................................$130.24
Late charges after 06/24/2014 shall accrue at the monthly
rate of$45.06.)
ESCROWADVANCES................................................................................$2.180.64
BPO/APPRAISALS.......................................................................................$200.00
Cu4A,�
3/) V5
PROPERTY INSPECTION...........................................................................$123.00
TITLECOSTS...............................................................................................$625.00
FORECLOSURECOST................................................................................$100.00
LESS SUSPENSE(If any).............................................................................($325.00)
Sub-Total Through Date of Complaint.........................................................$90,183.62
ACCRUED INTEREST after 06/24/2014 shall accrue
at the per diem rate of$16.36 to September 26, 2014..................................$681.50
ACCRUED LATE CHARGES Late charges
after 06/24/2014 accruing at the monthly
rate of$45.06 through September 26, 2014...................................................$180.24
TOTAL DUE THROUGH DATE OF REQUEST
FORJUDGMENT.........................................................................................$91,045.36
STERN & EISENBERG, PC
BY:
❑ EVEN K. EISE RG, ESQUIRE
❑ M. TROY FREEDMAN, ESQUIRE
❑ JACQUELINE F. McNALLY, ESQUIRE
❑ LESLIE J. RASE, ESQUIRE
❑ .,WILLIAM E. MILLER, ESQUIRE
ANDREW J. MARLEY, ESQUIRE
Attorney for Plaintiff
STEVEN K.EISENBERG,ESQUIRE(75736)
M.TROY FREEDMAN,EsQuaE(85165)
LESLIE J.RASE,ESQUIRE(58365)
WILLIAM E.MILLER,ESQUIRE(308519)
ANDREW J.MARLEY(312314)
STERN&EISENBERG,PC
1581 MAIN STREET,SUITE 200
WARRINGTON,PENNSYLVANIA 18976
TELEPHONE:(215)572-8111
FAcs[MILE:(215)572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
Ocwen Loan Servicing, LLC
V.
Civil Action: 14-4060
Wendi M Donnini
Defendant(s)
MORTGAGE FORECLOSURE
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA :
SS
COUNTY OF BUCKS
I, the undersigned, being duly sworn according to law, deposes and says, to the best of his
knowledge, information and belief, Defendants':
1. Last-known address is
10 Briarwood Court
Camp Hill, PA 17011-1511
2. Is over the age of twenty-one.
3. Is not now nor has been within the last six (6) months in the Armed Services of the
United States as defined in the Soldiers' Civil Relief Act of 1940, as amended.
STERN&EISENBERG, PC
BY: /�T1
❑ VEN K. EISENWRG5 ESQUIRE
❑ M. TROY FREEDMAN, ESQUIRE
❑ JACQUELINE F. McNALLY, ESQUIRE
❑ LESLIE J. RASE, ESQUIRE
❑ WILLIAM E. MILLER,ESQUIRE
2"ANDREW J. MARLEY, ESQUIRE
Attorney for Plaintiff
Sworn to and subscribed before me
this 13t` Day of October, 2014.
u��Ira 4�9ot,�-
Notary
Public
�dn�MaNvv 67 a ►0;'1N"vLVA"1A
NOTARIAL SEAL
HELEN CAPASSO,Notary public
Warrington Twp.,Sucks County
h"y Commission Expires October 2I,2016
Department of Defense Manpower Data Center Results as of:Oct-13-2014 07:55:02 AM
SCRA 3.0
Status Repot-[
Pursuant to Servicemembers. Civil Relief Act
Last Name: DONNINI
First Name: WENDI
Middle Name: M
Active Duty Status As Of: Oct-13_2014
On Active Duty On Active Duty Status Dale
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects the individuals'active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Da of Active Du Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA ,:'6NA No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or HWHer Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date -
Ordw Notification Start Date Order Notification End Date Status
Service Component
NA NA'- - No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NCAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
s
Y)hl �
_
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
STEVEN K.EISENBERG,ESQUIRE(75736)
M.TROY FREEDMAN,ESQUIRE(85165)
LESLIE J.RASE,ESQUIRE(58365)
WILLIAM E.MILLER,ESQUIRE(308519)
ANDREW J.MARLEY(312314)
STERN&EISENBERG,PC
1581 MAIN STREET,SUITE 200
WARRINGTON,PENNSYLVANIA 18976
TELEPHONE:(215)572-8111
FACSIMILE:(215)572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
Ocwen Loan Servicing, LLC
V.
Wendi M Donnini
Civil Action: 14-4060
Defendant(s)
MORTGAGE FORECLOSURE
CERTIFICATION UNDER RULE 237.1
I, the undersigned attorney on the writ and attorney for Plaintiff, hereby certify that a ten-day
notice of intention to enter judgment by default was sent to Defendants in accordance with Pa.
R.C.P.No, 237.1., a true and correct copy of which is attached hereto.
STERN& EISENBERG, PC
'00" /0/1—r
BY:
TEVEN K. EIWNBERG, ESQUIRE
❑ M. TROY FRE MAN, ESQUIRE
❑ JACQUELINE F. McNALLY, ESQUIRE
❑ LESLIE J. RASE, ESQUIRE
❑.,WILLIAM E. MILLER, ESQUIRE
f ANDREW J. MARLEY, ESQUIRE
Attorney for Plaintiff
li-
t
STERN & EISENBERG,PC
1581 MAIN STREET,SUITE 200
THE SHOPS AT VALLEY SQUARE
WARRINGTON,PA 18976
TELEPHONE: (215)572-8111
FACSIMILE: (215)572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
CUMBERLAND COUNTY
Ocwen Loan Servicing,LLC
Docket#: 14-4060 Civil Term
(Plaintiff)
v. TEN DAY NOTICE
Wendi M Donnini
(Defendant(s))
NOTICE PURSUANT TO Pa.R.C.P. 237.1
TO: Wendi M Donnini
10 Briarwood Ct
Camp Hill, PA 17011-1511
Date of Notice: September IS,2014
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY
ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET
FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10) DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT
MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU
CAN GET LEGAL HELP:
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.
Cumberland County Bar Association
Lawyer Referral Service
32 South Bedford Street
Carlisle, PA 17013
(800) 990-9108
ST EI'SENBERG, PC
By: Edward J. McKee, Esq. /
Attorney for Plaintiff
STEVEN K.EISENBERG,ESQUIRE(75736)
M.TROY FREEDMAN,ESQUIRE(85165)
LESLIE J.RASE,ESQUIRE(58365)
WILLIAM E.MILLER,ESQUIRE(308519)
ANDREW J.MARLEY(312314)
STERN&EISENBERG,PC
1581 MAIN STREET,SUITE 200
WARRINGTON,PENNSYLVANIA 18976
TELEPHONE:(215)572-8111
FACSIMILE:(215)572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
Ocwen Loan Servicing, LLC
V.
Wendi M Donnini
Civil Action: 14-4060
Defendant(s)
MORTGAGE FORECLOSURE
CERTIFICATE UNDER ACT 91 OF 1983
It is hereby certified that the Sheriffs Sale scheduled in the above-captioned matter is not
protected under the Homeowner's Emergency Assistance And Mortgage Foreclosure Act, P.L.
1688, No. 621 because notice, as required, was sent to Defendants and no timely response was
made.
STERN& EISENBERG, PC
BY: rj /
❑ STE EN K. EISE RG,ESQUIRE
❑ M. TROY FREEDMAN, ESQUIRE
❑ JACQUELINE F. McNALLY, ESQUIRE
❑ LESLIE J. RASE, ESQUIRE
❑XILLIAM E. MILLER, ESQUIRE
Er ANDREW J. MARLEY, ESQUIRE
Attorney for Plaintiff
STEVEN K.EISENBERG,ESQUIRE(75736)
M.TROY FREEDMAN,ESQUIRE(85165)
LESLIE J.RASE,ESQUIRE(58365)
WILLIAM E.MILLER,ESQUIRE(308519)
ANDREW J.MARLEY(312314)
STERN&EISENBERG,PC
1581 MAIN STREET,SUITE 200
WARRINGTON,PENNSYLVANIA 18976
TELEPHONE:(215)572-8111
FACSIMILE:(215)572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
Ocwen Loan Servicing, LLC
V.
Wendi M Donnini
Defendant(s)
Civil Action: 14-4060
MORTGAGE FORECLOSURE
CERTIFICATION OF ADDRESS
It is hereby certified that the last known addresses of the parties are as follows:
Ocwen Loan Servicing, LLC
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
(Plaintiff)
Wendi M Donnini
10 Briarwood Court
Camp Hill, PA 17011-1511
(Defendant(s))
STERN ENBE ,
t
BY: .00
❑ STEVEN K. EISE BER , ESQUIRE
❑ M. TROY FRE M , ESQUIRE
❑ JACQUELIN cNALLY, ESQUIRE
❑ LESLIE J. RASE, ESQUIRE
❑ WILLIAM E. MILLER, ESQUIRE
Q"ANDREW J. MARLEY, ESQUIRE
Attorney for Plaintiff
STEVEN K.EISENBERG,ESQUIRE(75736)
M.TROY FREEDMAN,ESQUIRE(85165)
LESLIE J.RASE,ESQUIRE(58365)
WILLIAM E.MILLER,ESQUIRE(308519)
ANDREW J.MARLEY(312314)
STERN&EISENBERG,PC
1581 MAIN STREET,SUITE 200
WARRINGTON,PENNSYLVANIA 18976
TELEPHONE:(215)572-8111
FACSIMILE:(215)572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
Ocwen Loan Servicing, LLC
V.
Wendi M. Donnini
Civil Action: 14-4060
Defendant(s)
MORTGAGE FORECLOSURE
NOTICE PURSUANT TO RULE 236
Notice is hereby given that a judgment in the above c ptioned matter has been entered
against Defendants, Wendi M. Do i, on , 2014.
BY:
Deputy
If you have any questions concerning the above, please contact:
Stern&Eisenberg, PC
Attorney for Plaintiff
1581 Main Street, Suite 200
Warrington, PA 18976
Tel: (215) 572-8111
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Ocwen Loan Servicing, LLC ❑Confessed Judgment
Plaintiff ❑Other
File No. 14-4060-Civil
Wendi M Donnini Amount Due $91,045.36
Defendant Interest
Address: Atty's Comm
10 Briarwood Court Costs ' -4
Camp Hill, PA 17011 .
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract,or account based on a confession of judgment,but if it does,it is based on the appropriate original
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
County,for debt,interest and costs,upon the following described property of the defendant(s)
10 Briarwood Court, Camp Hill, PA 17011
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County,for debt,interest
and costs,as above,directing attachment against the above-named garnishee(s)for the following property
(if real estate,supply six copies of the description;supply four copies of lengthy personalty list)
and all other property of the defendant(s)in the possession,custody or control of the said garnishee(s).
❑ (Indicate)Index this writ against the garnishee(s)as a lis pendens paus re a of
defendant(s)described in the attached exhibit.
Date October 13, 2014 Signature:
Print Name: rew J. ar y
a Address: 1581 Main et,Suite 200
,
yy.
Warrin ton PA 18976
Warrington,
A) Attorney for: Plaintiff
Telephone: 215-572-8111
Supreme Court ID No.. 312314
�U x� a ja "� S /&-'ea.
9 I �. � LL
TSS"i
All that certain piece, parcel or lot of land situate in Center Township, Butler County,
Peririsylvania, bounded and described as follows, to-wit
Beginning at a point the center line of the township road at line of lands formerly Dickey, now
Yount, said point being the northeast corner hereof; thence along line of land formerly of Dicky,
now Yount, South 49 Degrees 28'East, 1103 feet to a point at line of lands now or formerly of
C.C. Miller, the southeast corner hereof; thence along line of lands now or formerly of Miller,
South 43 Degrees 8' West, 1117.65 feet to a point in the center line of the township road (prior
deed says townshiproad), the northwest corner hereof; thence along the center line of said road,
North 54 degrees 37' East, 93.6 feet to a point; thence along same, North.41 degrees East, 107.1.5
feet, the place of beginning. Containing 5.1 acres as per survey of Lucas and Greenough dated
July, 1949.
PARCEL NO. 0603F4138
BEING KNOWN AS 5159 McCandless Road, Butler, PA 16001
BEING the same premises which Marian E. Fleischer a/k/a Marian Elizabeth Fleischer (widow),
by Deed dated July 27, 2004 and recorded July 29, 2004 in the Office of the Recorder of Deeds
in and for Butler County Instrument Number 200407290024822, granted and conveyed unto
Marian E. Fleischer and James Edward Fleischer.
STEVEN K.EISENBERG,ESQUIRE(75736)
M.TROY FREEDMAN,ESQUIRE(85165)
LESLIE J.RASE,ESQUIRE(58365)
WILLIAM E.MILLER ESQUIRE(308519)
ANDREW J.MARLEY(312314) a~
STERN&EISENBERG,PC i I #I T O
1581 MAIN STREET,SUITE 200 y ,
WARRINGTON,PENNSYLVANIA 18976
TELEPHONE:(215)572-8111
FACSIMILE:(215)572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
Ocwen Loan Servicing, LLC
V.
Wendi M Donnini
Defendant(s) Civil Action: 14-4060
MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe
for the Writ of Execution was filed, the following information concerning the real property
located at 10 Brairwood Court, Camp Hill,PA 17011.
1. Name and address of Owner(s)or Reputed Owner(s):
Wendi M Donnini
10 Briarwood Court
Camp Hill, PA 17011-1511
2. Name and address of Defendant(s) in the judgment:
Wendi M Donnini
10 Briarwood Court
Camp Hill, PA 17011-1511
3. Name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Discover Bank/Discover Fncl. Srvc.
804 West Avenue
C/o Stock& Grimes, LLP
Jenkintown, PA 19046
Discover Bank/Discover Financial Servicer
2000 Longest Drive
Franklin, IN 43131
4. Name and address of the last recorded holder of every mortgage of record:
GMAC Mortgage Corporation
500 Enterprise Road Suite 150
Horsham, PA 19044-0969
GMAC Mortgage Corporation
1100 Virginia Drive
Fort Washington, PA 19034
5. Name and address of every other person who has any record lien on the property:
N/A
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
PA Department of Revenue
Bureau of Compliance
Box 281230
Harrisburg, Pennsylvania 17128
7. Name and address of every other person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Domestic Relations Tax Claim Bureau
Cumberland County Cumberland County Courthouse
13 North Hanover Street One Courthouse Street
Carlisle, PA 17013 Carlisle, PA 17013
Tenant(s)/Occupant(s)
10 Brairwood Court,
Camp Hill, PA, 17011.
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Date: October 13, 2014
STERN NB G, P
BY:
❑ EVEN K. EIS RG,ESQUIRE
❑ M. TROY F AN, ESQUIRE
❑ JACQUELIN F. McNALLY, ESQUIRE
❑ LESLIE J. RASE, ESQUIRE
VLIAM E. MILLER, ESQUIRE
ANDREW J. MARLEY, ESQUIRE
Attorney for Plaintiff
Sworn to and subscribed before me
This 13th Day of October, 2014.
7/a i
Notary Public
C0MM rwWnt tra 00�004NNYLVANI&
NOTARIAL SEAL
HELEN CAPASSO,Notary Public
Warrington Twp.,Bucks County
My Commission Expires October 21,2016
STEVEN K.EISENBERG,ESQUIRE(75736)
M.TROY FREEDMAN,ESQUIRE(85165) f_., _
LESLIE J.RASE,EsQuIRE(58365) `
WILLIAM E.MILLER,ESQUIRE(308519
ANDREW J.MARLEY(312314) )
STERN&EISENBERG,PC J'0
1581 MAIN STREET,SUITE 200
4 S j T
WARRINGTON,PENNSYLVANIA 18976
TELEPHONE:(215)572-8111 VA
FACSIMILE:(215)572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
Ocwen Loan Servicing, LLC
V.
Wendi M Donnini Civil Action: 14-4060
Defendant(s) MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: Wendi M Donnini
10 Briarwood Court
Camp Hill, PA 17011-1511
Your real estate at 10 Brairwood Court, Camp Hill, PA 17011 is scheduled to be sold at
Sheriffs Sale on Wednesday, March 4, 2015 at 10:00 A.M. , at Sheriffs Office, Cumberland
County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of
$91,045.36 obtained by Ocwen Loan Servicing, LLC against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be canceled if you pay to Stern& Eisenberg, PC the back payments, late
charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may
call Stern&Eisenberg PC,telephone (215) 572-8111.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the
sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling Stern & Eisenberg PC, telephone (215) 572-8111.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened you may call Stern& Eisenberg PC, telephone (215) 572-8111.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and
the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to
evict you.
6. You may be entitled to a share of the money which was paid for your house. A Schedule of
distribution of the money bid for your house will be filed by the Sheriff on a date specified by
the Sheriff no later than 30 days after the sale date. This Schedule will state who will be
receiving that money. The money will be paid out in accordance with this schedule unless
exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten
(10)days after the date of filing of said schedule. You should check with the Sheriffs Office by
calling (717) 240-6390 to determine the actual date of filing of said schedule.
7. You may also have other rights and defenses, or ways of getting your house back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
800-990-9108
717-249-3166
OF CU
THE COURT OF COMMON PLEAS
r` CUMBERLAND COUNTY PA
o z DAVID D. BUELL,PROTHONOTARY
One Courthouse Square • Suite 100 • Carlisle, PA• 17013
(717)240-6195
1750 www.cepa.net
OCWEN LOAN SERVICING,LLC
Vs. NO 14-4060 Civil Term
CIVIL ACTION—LAW
WENDI M.DONNINI
WRIT OF EXECUTION
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment,interest and costs in the above matter you are directed to levy upon and sell
the following described property:
(1) See legal description.
(2) (Specifically describe personal property when judgment results from a mortgage covering
both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code)
NOTE: Description of property must be attached to the writ.
Amount Due: $91,045.36 L.L.: $.50
Interest
Atty's Comm: Due Prothy: 52.25
Atty Paid:$193.70 Other Costs:
Plaintiff Paid: nn
Date: 10/16/2014
David D.Buell,Prothonotary -�
Deputy
REQUESTING PARTY: .
Name: ANDREW J.MARLEY,ESQUIRE
Address: STERN&EISENBERG,PC
1581 MAIN STREET,SUITE 200
WARRINGTON,PA 18976
Attorney for: PLAINTIFF
Telephone: 215-572-8111
Supreme Court ID No.312314
STEVEN K. EISENBERG, ESQUIRE (75736)
M. TROY FREEDMAN, ESQUIRE (85165)
LESLIE J. RASE, ESQUIRE (58365)
ANDREW J. MARLEY (312314)
EDWARD J. MCKEE (316721)
STERN & EISENBERG, PC
1581 MAIN STREET, SUITE 200
WARRINGTON, PENNSYLVANIA 18976
TELEPHONE: (215) 572-8111
FACSIMILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
r.
2010J.'j1 16
r 7
Ocwen Loan Servicing, LLC
v.
Wendi M Donnini
Defendant(s)
Civil Action Number: 14-4060
MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
I, EDWARD J. MCKEE, ESQ., attorney for the within Plaintiff, hereby certify that
notice of the Sheriff's Sale was mailed to the Defendants by certified mail return receipt
requested and regular mail on January 12, 2015.
I further certify that notice of the Sheriff's Sale was mailed to each lienholder by regular,
first-class, postage prepaid mail on January 12, 2015, as evidenced by copy of certificates of
mailing attached.
STERN : SENBERG, PC r
BY: j� 67/if--
EDWARD
7""'EDWARD J. MCKEE
Attorney for Plaintiff
1/13/15
Name and
Address
of Sender
STERN & EISENBERG
1581 Main Street, Suite 200
Warrington, PA 18976
Line
Postage
Fee
1
Wendi M. Donnini, 10 Briarwood Court, Camp Hill, PA 17011-1511
2
Discover Bank/Discover Fncl. Srvc., C/o Stock & Grimes LLP, 804 West Avenue, Jenkintown, PA 19046
3
Discover Bank/Discover Financial Servicer, 2000 Longest Drive, Franklin, IN 43131
4
GMAC Mortgage Corp., 500 Enterprise Road Ste. 150, Horsham, PA 19044-0969
5
GMAC Mortgage Corp., 1100 Virginia Drive, Fort Washington, PA 19034
6
PA Dept. of Revenue, Bureau of Compliance, Box 281230, Harrisburg, PA 17128
Domestic Relations—Cumberland County, 13 North Hanover St., Carlisle, PA 17013
8
Tax Claim Bureau, Cumberland County Courthouse, One Courthouse St., Carlisle, PA 17013
9
Tenant(s)/Occupant(s), 10 Briarwood Court, Camp Hill, PA 17011
10
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