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Home My WebLink About14-4937 Supreme C A nnsylvania Cou C06imo leas For Prothonotary Use Only: t Docket No: C an* ,Nom, 6 County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and sen4ce of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons Petition E 13 Transfer from Another Jurisdiction 13 Declaration of Taking c Lead Plaintiff's Name: Lead Defendant's Name: T Bank of America, N.A. Marcia C. Martens A/K/A Maria C. Martens; Et Al I Are money damages requested? ®Yes El No Dollar Amount Requested: Owithin arbitration limits 0 (check one) Eloutside arbitration limits N Is this a Class Action Suit? [3 Yes El No Is this an MDT Appeal? (3 Yes 0 No A Name of Plaintiff/Appellant's Attorney: ELIZABETH L WASSALL, ESQ PA 10 77788 [3 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 Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS El Intentional [3 Buyer Plaintiff Administrative Agencies E3 Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle [3 Debt Collection:Other [3 Board of Elections E3 Nuisance M Dept.of Transportation [3 Premises Liability M Statutory Appeal:Other S 01 Product Liability(does not include E3 Employment Dispute: mass tort) E Slander/Libel/Defamation Discrimination C E3 Other: (3 Employment Dispute:Other (3 Zoning Board T 13 Other: 1 [3 Other: O MASS TORT E3 Asbestos N 13 Tobacco n Toxic Tort-DES [3 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS M Toxic Waste ®Ejectment ® Common Law/Statutory Arbitration B [3 Other: [3 Eminent Domain/Condemnation 13 Declaratory Judgment (3 Ground Rent Mandamus [3 Landlord/Tenant Dispute R Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY E3 Mortgage Foreclosure:Commercial E3 Quo Warranto [3 Dental 13 Partition 13 Replevin [3 Legal [3 Quiet Title 13 Other: [3 Medical 13 Other: 13 Other Professional: Updated 11112011 fes-j UDREN LAW OFFICES,P.C. ATTORNEY FOR PLPN�- 'F ' BY: MARK J. UDREN,ESQUIRE-ID#04302 X- -- -� STUART WINNEG,ESQUIRE - ID#45362 : LORRAINE GAZZARA DOYLE,ESQUIRE - ID#34576 c SHERRI J. BRAUNSTEIN,ESQUIRE -ID#90675 SALVATORE CAROLLO,ESQUIRE - ID#311050 ELIZABETH L. WASSALL,ESQUIRE - ID#77788 n c=s JOHN ERIC KISHBAUGH,ESQUIRE -ID#33078 NICOLE B. LABLETTA ESQUIRE - ID#202194 DAVID NEEREN,ESQUIRE - ID#204252 AMANDA RAUER,ESQUIRE - ID#307028 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 pleadings@udren.com Bank of America,N.A. COURT OF COMMON PLEAS C/O Green Tree Servicing LLC CIVIL DIVISION 345 St. Peter St. CUMBERLAND County 1100 Landmark Towers St. Paul,MN 55102 NO. ✓ _L4q { U l I Plaintiff V. MARCIA C.MARTENS A/K/A MARIA C. MARTENS 3608 DWAYNE AVENUE MECHANICSBURG,PA 17050 ROBERT MARTENS A/K/A ROBERT S. MARTENS 3608 DWAYNE AVENUE MECHANICSBURG,PA 17050 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. 1K, 7� 4L &0a YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (800) 990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt,and any information obtained will be used for that purpose. UDREN LAW OFFICES,P.C. /s/Mark J. Udren,Esquire Woodcrest Corporate Center 111 Woodcrest Road,Suite 200 Cherry Hill,NJ 08003-3620 (856) 669-5400 1. Plaintiff is the entity designated in the caption on a preceding page. Plaintiff is the legal holder of the Mortgage that is the subject of this Action. Plaintiff is either the current mortgagee of record, is the legal holder of the Mortgage by virtue of being successor in interest to the current mortgagee of record, or.is the legal holder of the Mortgage by virtue of Assignment of Mortgage. If Plaintiff is the legal holder of the Mortgage by virtue of Assignment of Mortgage, it is by the following Assignments of Mortgage, all of which have either been recorded or Plaintiff is in the process of formalizing the actual Assignment of Mortgage in Plaintiffs favor: Assignor: Mortgage Electronic Registration Systems,Inc.,as Nominee for America's Wholesale Lender Assignee: Countrywide Home Loans,Inc. Date of Assignment: 10/13/2006 Recorded Date: 12/05/2006 Book/Instrument#: 0732 Page: 2768 Assignor: Countrywide Home Loans,Inc. Assignee: Bank of America,N.A.,Successor By Merger to BAC Home Loans Servicing,LP f/k/a Countrywide Home Loans Servicing,LP Date of Assignment: 01/18/2012 Recorded Date: 02/21/2012 Book/Instrument#: Instrument#201204991 Page: n/a 2. Upon information and belief Defendant(s) and/or their predecessor: Marcia C.Martens a/k/a Maria C.Martens,Robert Martens a/k/a Robert S. Martens (hereinafter 'Defendants"),are the owners of property located at 3608 Dwayne Avenue, (Hampden Township),Mechanicsburg,PA 17050,by virtue of Deed dated 01/04/2001 and recorded 01/08/2001 in Official Records Book 237 at Page 386 of the Public Records of Cumberland County, Pennsylvania(hereinafter the 'Property"). 3. On 10/07/2002 ,Defendant(s)and/or their predecessor: ROBERT MARTENS A/K/A ROBERT S.MARTENS promised to pay to the order of America's Wholesale Lender, the principal sum of $ 136,000.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 10/07/2002,Defendant(s)and/or their predecessor: ROBERT MARTENS A/K/A ROBERT S. MARTENS MARCIA C.MARTENS A/K/A MARIA C.MARTENS to secure the Note,mortgaged to Mortgage Electronic Registration Systems,Inc., acting solely as a nominee for America's Wholesale Lender, the Property which is the subject of this action. The Mortgage was recorded on 10/16/2002 in Official Records Book 1777 at Page 3565 . 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 02/01/2008, 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 $137,898.82 Accumulated Interest $56, 939.41 Escrow Deficit/ (Reserve) $21,509.50 Property Inspection $270.00 Property Maintenance $3,736.27 Sales Tax $35.97 Grand Total $220,389.97 The above figures are calculated as of 06/23/2014: The interest rate is subject to adjustment if more fully described as such in the note and mortgage. The interest rate on the subject note is at 6.37500 %. The per diem interest accruing on this debt is $24.09 and that sum should be added each day after the above date. The late charge is subject to adjustment if more fully described as such in the note and mortgage. The late charge rate on the subject note should be added in accordance to the terms of the note and mortgage charged monthly at$43.96. 7. Breach letters have been sent to Defendant(s) in accordance with the requirements of the subject mortgage and/or The Pennsylvania Act 6 of 1974 of the Commonwealth of Pennsylvania and, if applicable, Act 91 of 1983. Copies of the breach letters are attached hereto as Exhibit "A". WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of$ 220,389.97 plus ongoing interest, costs and attorneys fees and for sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. BY: ELIZABF-TH L WASSALL, ESQ PA ID 77788 VERIFICATION The undersigned states that he/she is authorized to make this verification on behalf of the Plaintiff, and that the facts set forth in the foregoing pleading are true and correct to the best of the information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dater Name: NNIwP, Title: VVCC.OSc�/c Company: Green Tree Servicing LLC as attorney in fact for Bank of America,N.A. MJU#: 12070544 CASE#: 12070544-1 07-15-'1' 13:18 FROM-Premier Abstracts 7175454105 T-540 ?0013/0028 F-028 941M MAMMA,$ted OND T AU,THAT O URTAIN FRQPERTY SITUATIiQ IN THE TOWNSHIP OF'#MAPPISN IN THE 090"OP dAt)RMI I AND GoM.swQtfryEALTH QF PENNSYLVANIA4 ISEING MQRG 1�4J�Y il�{WRitsiI IN AM! MMPLU 011BD DA'TUD QW00200i AND RGOORPUP 0919411991,AMQNQ T14d LAND MdORDS Of THE QQVNTY ANP TATn I RT FORTH ABOVE.IN Yt99.4JMr,,437 PAGR 199 TAX PAMEL ib:imu-9' a-938 ADDRESS,3008 DWAYNE AVENUE ME014ANICSBUR4,PA 1'0GO (k.r(i Cy illiS to 11C rreui:�af rruI�ty,�fjPA STi Rv.YQ•d4-- i C Docd8 OKI 777PG358 I UDREN LAW OFFICES,A C WOODCRE5T CORPORATE CENTER MARK 1. UDREN,ESQUIRE 111 WOODCRE5T ROAD NI MANAGING ATTORNEY SUITE200 CHERRYHRL,NEWIERSEY08003-362 856.669.5400 TINA MARIE RICH FAX:856.669.5399 OFFICE ADMINISTRATOR FREDDIEMAC PENN5YL UANIA DESIGNATED COUNSEL August 6, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED ARTICLE # 7011 3500 0000 8582 2147 Robert Martens P.O. Box 487 Boiling Springs, PA 17007 RE: Mortgage Loan dated October 7, 2002 NOTICE OF INTENTION TO FORECLOSE Dear Mortgagor: The Mortgage serviced/held by Bank of America, N.A. (hereinafter we, us or ours) on your property located at 3608 Dwayne Avenue, Mechanicsburg, PA 17050 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $1, 083 . 91 for the months of February 1, 2008 through July 1, 2012 and $1, 627 .44 for the month of August 1, 2012 .. Other charges including Property Inspection Fees, Escrow Def icency, and Property Perservation Fees have accrued at the total amount of $4 , 493 . 58 . The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $64 , 652 . 16 . You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $64, 652. 16, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier' s check, certified check or money order, and made to UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 11.1 WOODCREST ROAD, SUITE 200 Exhibit A CHERRY HILL, NEW JERSEY 08003-3620 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise the lender's right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments . If full payment of the amount of default is not made within THIRTY (30) DAYS, the lender also intends to instruct our firm to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff or other similar official to pay off the mortgage debt. If you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable attorney' s fees actually incurred, up to $50 . 00 . However, if legal proceedings are started against you, you will have to pay the reasonable attorney' s fees even if they are over $50 . 00 . Any attorney' s fees will be added to whatever you owe the lender, which may also include our reasonable costs . if you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney's fees. The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. 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 or other similar official foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff ' s or other similar official ' s sale could be held would be approximately six months from the date of this letter. A notice of the date of the Sheriff ' s or similar official 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 will be by calling us at the following number: (856) 669-5400 . This payment must be cash, cashier' s check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff ' s or other similar official sale will end your ownership of the mortgaged property and your right to remain in it . If you continue to live in the property after the Sheriff ' s or other similar official sale, a lawsuit could be started to evict you. You shall have the right to assert in the foreclosure proceedings, the non-existence of a default or any other defense that you may have to acceleration or foreclosure. You have additional rights to help protect your interest in the property. YOU 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. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. if you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. UDREN LAW OFFICES,P.C. CC : First Class Mail 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. MARK J. UDREN, ESQUIRE- ID#04302 STUART WINNEG, ESQUIRE-ID#45362 LORRAINE DOYLE,ESQUIRE-ID#34576 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 (856) 669-5400 ... .......... ......_ IOr'�26-5 m .v 7011 3500 0000 8582 2147 ' r b t�b:_Cil_ 7011 3500 QQOQ 6582 2147 U r �,� AGE �L, g $A oD a t xti� 0 30 33 i �� Ar iFf m ry iD :•,• Vw O P3S ARTTCIIE # � - Robert Ma P.O. Box ?� Boiling S Ar ds K i m P VL'd 9� 9 t comngrg THIS.69CTIONON I + irCQMP4ET9 TIJIS-WOTION: • Complete items 1,2,and 3.Also complete A- Signature item 4 if Restricted Delivery is desired. 0 Addressee Agent X ■ Print your name and address on the reverse so that we can return the card to you. B. Received by(printed Name) C. Date of Delivery i Attach this card to the back of the mailpiece, or on the front if space permits. D. is delivery address different from item 1? ❑Yes 1. Article eAAddressed �to: �/� �p ` If YES,enter delivery address below: ❑No 3. Service Type CM Certified Mail 0 Express Mail ❑Registered (K Return Receipt for Merchandise . 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 13 Yes 2. Article Number- 7011 2500 0000 8582 2147 (Transfer from servicelabel7 Ps Form 3811,February 2004 Domestic Return Receipt 102595-02-M,1540 -5 azi 5 a c m 2 iion�¢ ac�m dao 4: m y E E $ . z c, o c Q N E 21 FD p `m a Q3 ? �a� a° °m'cv o 5 S < C d'U0Z> tiaY r time =$v° oma. 0 �,f FORM 1 ` 11 t`"� `�t 1'+ ' lhrz THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAI � Plaintiff(s) vs.aor' C, CD efendant(s) Civil C, r� ,C:) NOTICE OF RESIDENTIAL MORTGAGE FORECLOc� DIVERSION PROGRAM You have been served with.a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.. If you do not have a lawyer,you must take the following steps to be eligible for a.conciliation conference. First, within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at.(7l 7)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 fled 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)ender 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 eonei"tion.conference.. It is not necessary for.you to contact MidPenn Legal Service for the appointment of a legal representative. However,you mustprovide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf.. If you and your lawyer complete a.financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must:be fled with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date [Sign ounsel for Plaintiff] FORM 2 Cumberland County.Residential Mortgage Foreclosure Diversion Program Date Financial Worksheet Cumberland County Court of Common Pleas Docket# BORROViIER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan.Number: Date You.Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes& Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes,provide names, location of court, case number& attorney: Assets Amount Owed: Value; Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: S Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile#2:Model: Year: Amount owed: Value: Other transportation(automobiles boats motorc cies) Model: Year: Amount owed: Value Monthly Income Name of Employers: L 2. Additional Income Description(not wages): I monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Morta e Food 2° Mort a e Utilities Car Pa ens CDndo/Nei h. Fees Auto Insurance Med.(not covered) Auto fuel/re airs Other ro . a ent Install.Loan Pa. anent Cable TV Ch.i.l.d.Su ort/Alim. S endin Money Da /Child Care/Tu it. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income &Expenses: I Have you been working with a Housing sing Counseling Agency? I Yes 7 No [] If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)assistance? Yes ❑ No ❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan seiwicing 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 Vr Past 2 bank statements --Vrr Proof of any expected income for the last 45 days V/ Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement(if property is currently on the market) j r 0 . FORM 3 A fv,cr)Cal IN THE COURT OF COMMON PLEAS OF Plaintiff(s) CUMBERLAND COUNTY, PENNSYLVANIA vs.. F�S; A 1. ri,of C• }��'efendant(s) CTVII. REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program,the undersigned hereby certifies as :follows: I. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property,which is defendant's primary residence; 3. Defendant has been served with a"Notice of Residential Mortgage Foreclosure Diversion Program"and has taken all of the steps required in that Notice to be eligible to.participate in a court:supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. 1 understand that false statements are made subject to the penalties of 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 i UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE -ID#04302 ATTORNEY FOR PLAINTIFF STUART WINNEC3 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 - rye Y "Y DAVID NEEREN, ESQUIRE -ID#204252 cn -::) AMANDA RAUER, ESQUIRE -ID#307028 WOODCREST CORPORATE CENTER CD 111 WOODCREST ROAD, SUITE 200 <-) CHERRY HILL,NJ 08003-3620 856-669-5400 v= ' Pleadings@udren.com Bank of America,N.A. 345 St.Peter St., 1100 Landmark Towers, St.Paul,MN 55102 CN DIVISION COURT OF MON PLEAS Plaintiff CUMBERLAND County V. Marcia C.Martens a/k/a Maria C.Martens NO. ()CU 3608 Dwayne Avenue Mechanicsburg,PA 17050 Robert Martens a/k/a Robert S.Martens 3608 Dwayne Avenue Mechanicsburg,PA 17050 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 Kishbaugh, Esquire;Nicole B.LaBletta,Esquire;David Neeren,Esquire,and Amanda Rauer,Esquire on behalf of the Plaintiff, in the above-captioned matter. UDREN LAW OFFICES,P.C. BY: ELIZABETH L WASSALL, ESQ PA ID 77788 Ronny R Anderson Sheriff Jody S Smith Chief Depu Richard W Stewart Solicitor SHERIFF'S��U�� OFFICE "��~~ ~=. CUMBERLAND COUNTY or F}CE OF THE, � '�/ r ,./ ^• •- � ��n ,=�/ 23 AN /�/ D ' " �tK/ �u" r.U�� -� tMT's }1k�&U/, .L.�.� Bank ofAmerica NA. vs. Maria C. Martens (et al.) Case Number 2014-4937 SHERIFF'S RETURN OF SERVICE 08/25/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligentsearch and inquiry for the within named Defendant to wit: Robert Martens, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lancaster, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to Iaw. 08/28/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Maria C. Martens, but was unabte to Iocate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 3608 Dwayne Avenue, Hampden Township, Mechanicsburg, PA 17050. Residence is vacant. 08/26/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Robert Martens, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 3608 Dwayne Avenue, Hampden Township, Mechanicsburg, PA 17050, Residence is vacant. 00/26/2014 08:59 PM - Deputy Shawn Gutohe||, being duly sworn according to |aw, attempted service to the Defendant, to wit: Occupant at 3608 Dwayne Avenue, Hampden Township, Mechanicsburg, PA 17050. The address was found to be vacant. 09/02/2014 02:27 PM - The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Lancaster County upon Robert Martens, personafly, at ^/ 645 N. Mt. Joy Street, Elizabethtown, PA 17022. Mark S. Reese, Sheriff, Return of Service attached to and made part of the within record. 08/11/2014 04:26 PM - Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Maria C. Martens, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Served" at118 Second Street, South Middleton, Boiling Springs, PA 17007. Several attempts at service were made but deputies were unable to make contact with anyone to effectuate service and the Complaint has expired. Z'o.A.1" DAWN KELL, DEPUTY SHERIFF COST: $66.56 SO ANSWERS, September 22, 2014 kc) CountySuile Sheriff, Toieosoft, inc. RONNYRANDERSON, SHERIFF SHERIFF'S OFFICE OF LANCASTER COUNTY et Mark S. Reese Brad Harris Sheriff Solicitor Charles Hamilton Chief Deputy James Montanez Lieutenant BANK OF AMERICA, N.A vs. ROBERT S MARTENS Case Number 2014-4937 SHERIFF'S RETURN OF SERVICE 09/02/2014 02:27 PM - SERVED THE COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY PERSONAL SERVICE UPON ROBERT S MARTENS AT 645 N MOUNT JOY STREET, ELIZABETHTOWN, PA 17022. SO ANSWERS: DEPUTY CHARISSA LEPPLER, DEPUTY SHERIFF OF LANCASTER COUNTY, PA. SHERIFF COST. $76.82 t(42.441.42 CHARISSA L PLER, DEPUTY SO ANSWERS, September 02, 2014 MARK S. REESE, SHERIFF COSTS DATE CATEGORY MEMO CHK # DEBIT CREDIT 08/27/2014 Advance Fee Advance Fee 69746 $0.00 $150.00 08/27/2014 Receiving, Docketing & Return $9.00 $0.00 08/27/2014 Service $9.00 $0.00 08/27/2014 Affidavit $2.50 $0.00 08/27/2014 Deputy Time $10.00 $0.00 08/27/2014 Copies $6.00 $0.00 08/29/2014 Service Mileage $20.16 $0,00 09/02/2014 Service Mileage $20.16 $0.00 09/02/2014 Refund $73.18 $0.00 BALANCE: $150.00 $150.00 $0.00 • Plaintiff Attorney UDREN LAW OFFICES, PC, 111 WOODREST ROAD, CHERRY HILL, NJ 08003 (c) CountySuite Sheriff, Teleosoft, Inc, UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 Bank of America,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION CUMBERLAND County v. r-) Marcia C. Martens a/k/a Maria Maria C. Martens; ' NO. 14-4937 Civilr •-lco r Robert Martens a/k/a Robert S. Martens 7-) 74 C.) Defendant(s) „ .7"** - - MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, moves this Honorable Court for an Order directing service of the Complaint in Mortgage Foreclosure upon Defendant(s): MARCIA C. MARTENS A/K/A MARIA C. MARTENS by regular mail and certified mail, and by posting the mortgaged premises and in support thereof avers the following: 1. Process was unable to be served at the then last known address of said Defendant(s) as follows: MARCIA C.MARTENS A/K/A MARIA C. MARTENS 3608 DWAYNE AVENUE MECHANICSBURG, PA 17050 A copy of the Return of Service is attached hereto as Exhibit"A". 2. Process was unable to be served at the then last known address of said Defendant(s) as follows: MARCIA C. MARTENS A/K/A MARIA C. MARTENS 118 SECOND STREET BOILING SPRINGS, PA 17007 A copy of the Return of Service is attached hereto as Exhibit"B". 3. Pursuant to Pa.R.C.P. 430, Plaintiff made a Good Faith Investigation, the report thereof being attached hereto as Exhibit"C". 4. Said investigation was unable to determine an alternate address for said Defendant(s). 5. The last known address of Defendant(s) is as set forth in the attached Exhibits. WHEREFORE, Plaintiff prays and respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint in Mortgage Foreclosure upon said in paragraph 1, by regular mail and certified mail, and by posting the mortgaged premises. UDREN LAW OFFICES, P.C. 4' BY: 11 Atte eys fo n AMAND PA. 1.D. # 307028 . RAUER, ESQUIRE • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff �ytist�of C:aauZcr/a4a. Jody S Smith Chief Deputy :r.1..? Richard W Stewart • Solicitor "`"„t^`.*.E;4. c Bank of America N.A. Case Number vs. 2014-4937 Maria C. Martens(et al.) SHERIFF'S RETURN OF SERVICE 08/25/2014 Sheriff Ronny R Anderson, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit:Robert Martens, but was unable to locate the Defendant in the Sheriff's bailiwick.The Sheriff therefore deputizes the Sheriff of Lancaster, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program.and Complaint in Mortgage Foreclosure according to law. 08/26/2014 Ronny R Anderson,Sheriff,being duly worn according to law,states he made diligent search and inquiry for the within named Defendant to wit: ut was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns No' of R ' a e Foreclosure Diversion P 08126/2014 Ronny R Anderson, Sheriff,being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Robert Martens, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 3608 Dwayne Avenue, Hampden Township,Mechanicsburg, PA 17050. Residence is vacant. 08/26/2014 06:59 PM-Deputy Shawn Gutshall, being duly sworn according to law, attempted service to the Defendant,to wit Occupant at 3608 Dwayne Avenue,Hampden Township,Mechanicsburg, PA 17050. The address was found to be vacant. 09/02/2014 02:27 PM-The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Lancaster County upon Robert Martens,personally,at 645 N.Mt.Joy Street,Elizabethtown,PA 17022.Mark S.Reese, Sheriff, Return of Service attached to and made part of the within record. 09/11/2014 04:26 PM-Sheriff Ronny R Anderson, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit:Maria C.Martens, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served"at 118 Second Street,South Middleton, Bolling Springs,PA 17007.Several attempts at service were made but deputies were unable to make contact with anyone to effectuate service and the Complaint has expired. DAWN KELL,DEPUTY . SHERIFF COST:$66.58 "SO ANSWERS, - '- ` - ' Y . September 22,2014 RONR ANDERSON,SHERIFF EXHIBIT A (c)Count/Suite Sherif,Teleoeolf Inc. SHERIFFS OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff y�u�ytu ct rar#d. Jody S Smith Chief Deputy Richard W Stewart Solicitor ,Er,,.E..,s >+.-s.RIcc Bank of America N.A. Case Number vs. 2014-4937 Maria C. Martens(et al.) SHERIFF'S RETURN OF SERVICE 08/25/2014 Sheriff Ronny R Anderson, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit:Robert Martens, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Lancaster, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program-and Complaint in Mortgage Foreclosure according to taw. 08/26/2014 Ronny R Anderson, Sheriff,being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Maria C.Martens, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foredosure as"Not Found"at 3608 Dwayne Avenue, Hampden Township,Mechanicsburg, PA 17050. Residence is vacant, 08/26/2014 Ronny R Anderson, Sheriff, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Robert Martens, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 3608 Dwayne Avenue, Hampden Township,Mechanicsburg, PA 17050. Residence is vacant. 08/26/2014 06:59 PM-Deputy Shawn Gutshall, being duly sworn according to law, attempted service to the Defendant,to wit:Occupant at 3608 Dwayne Avenue, Hampden Township,Mechanicsburg, PA 17050. The address was found to be vacant. 09/02/2014 02:27 PM-The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Lancaster County upon Robert Martens,personally, at 645 N. Mt.Joy Street, Elizabethtown, PA 17022.Mark S.Reese, Sheriff, Return of Service attached to and made part of the within record. 09/11/2014 04:26 PM-Sheriff Ronny R Anderson, being duly a to law,states he made diligent search and inquiry for the within named Defendant to wit: but was unable to locate the Defendant in his bailiwick.The Sheriff therefore re urns a within requested Notice of Residential 4•l@ a•e Fo i •_ .- .• - -.. - •.r p -e. •... a ,}s a• _• • _, . _ _ " o••. , . ko 'o . DAWN KELL,DEPUTY SHERIFF COST:$66.56 ` ' SO ANSWERS, - September 22, 2014 RONNY R ANDERSON, SHERIFF EXHIBIT B (c!ComtvSSuile Sham T 4iosclF Inc. Commonwealth County of Cumberland Court of Common Pleas Of Pennsylvania Civil Division Plaintiff(s) Green Tree Servicing, LLC vs Defendant(s) Marcia C. Martens A/K/A Maria C Martens AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY I, Brittany Brooks, do hereby swear and affirm that I made the following diligent search and inquiry on defendant,Marcia C.Martens A/K/A Maria C Martens: 1. On September 16, 2014 ,I conducted a Skip Trace,the results of which indicated the defendant's current residence is 118 2nd Street, Boiling Springs, PA 17007. 2. On September 16, 2014,I conducted an Internet search for the Death Records of the Defendant,the results of which indicated that the defendant is not deceased. 3. On September 16, 2014,I conducted an Internet search for the Voter Registration Records of the Defendant,the results of which indicated that the defendant is a registered voter at the address of 118 2nd Street, Boiling Springs,PA 17007. 4. On September 16, 2014,I conducted an Internet search for the Motor Vehicle Records of the Defendant,with no results obtained from the search. 5. On September 16, 2014, I conducted an Internet search of Facebook,Twitter, Yahoo!, Google and Bing with results from whitepages.com showing that the defendant lives in Boiling Springs, PA. 6. On September 16, 2014 at 6:09pm I placed a phone call to defendant's neighbor, Joseph Cairo (717-241-5795),of 117 2nd Street, Boiling Springs,PA 17007 to inquire about defendant's last known address.There was no answer. 7. On September 16, 2014 at 6:10pm I placed a phone call to defendant's neighbor, Jason Harner(717-243-7220),of 120 2nd Street, Boiling Springs, PA 17007 to inquire about defendant's last known address. The number was no longer in service. I SOLEMNLY swear and affirm that the foregoing statements are true and correct to the best of my knowledge,information, and belief. I understand that false statements herein are made subject to the penalties of 18 PA.C.S.Section 4904 relating to unsworn falsification to authorities. • 9/16/2014 7/441 Date Bri any i rooks Skip race Assistant De Novo Atto ey Services, Inc. P.O. Box 20215 Baltimore,MD 21284 Our Job Serial Number: NOV-2013006028 Ref: 12070544-1 EXHIBIT C UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 Bank of America, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION CUMBERLAND County v. Marcia C. Martens a/k/a Maria C. Martens; NO. 14-4937 Civil Robert Martens a/k/a Robert S. Martens Defendant(s) MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. NOTE: A sheriffs return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A2d 603 (1976). An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As set forth in the Returns of Service marked Exhibits "A" and "B" the Sheriff and/or Process Server has been unable to serve the following Defendant(s) at their last known addresses. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Good Faith Investigation marked Exhibit "C". WHEREFORE, Plaintiff prays and respectfully requests service of the Complaint in Mortgage Foreclosure upon Defendant(s) by regular mail and certified mail, and by posting the mortgaged premises. UDREN LAW OFFICES, P.C. BY:Ai Atto for Plaintiff AMANDA L. RAUER. ESQUIRE A. !D. 307028 VERIFICATION The undersigned hereby states that he/she is the Attorney for the Plaintiff in this action, that he/she is authorized to make this Verification, and that the statements made in the foregoing MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C. S . Sec 4904 relating to unsworn falsification to authorities . Date : hI11 (N OFFICES, P .C. ' 1. UDREN LAW OF , BY: ► AttorneW 'intiff AMANDA P. RAUER, ESQUIRE PA I.D. # 307023 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 Bank of America,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION CUMBERLAND County V. Marcia C.Martens a/k/a Maria C. Martens; NO. 14-4937 Civil Robert Martens a/k/a Robert S. Martens Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served by U.S. mail on each of the attached parties or their attorneys this 1ST day of October, 2014. Udren Law Offices, P.C. Attorney for Plaintiff By: Ali AMANWRA ER, ESQUIRE PA. LD. # 307028 SERVICE LIST CUMBERLAND COUNTY, PENNSYLVANIA CCP. No. Docket Number: 14-4937 Civil NAME: MARCIA C. MARTENS A/K/A MARIA C. MARTENS MAILING ADDRESS: 3608 DWAYNE AVENUE MECHANICSBURG, PA 17050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL TRIAL DIVISION -v= rn esj =73 -< X> r- <cl cp Bank of America, N.A. Plaintiff v. Marcia C. Martens a/k/a Maria C. Martens; Robert Martens a/k/a Robert S. Martens Defendant(s) NO. 14-4937 Civil ORDER AND NOW, this day of 0LATA*-1-- , 2014, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure on Defendant(s), Marcia C. Martens a/k/a Maria C. Martens, shall be complete when Plaintiff or its counsel or agent has served true and correct copies of the Complaint in Mortgage Foreclosure by posting the mortgage premises at: 3608 DWAYNE AVENUE MECHANICSBURG, PA 17050 And by mailing by certified mail and regular mail to the last known address of Defendant(s) as follows: MARCIA C. MARTENS A/K/A MARIA C. MARTENS 3608 DWAYNE AVENUE MECHANICSBURG, PA 17050 lo/? A /11 d I dr en 41 ti 4-#40% rfl I 7. 'ey V° A 1467 ai •snN BY THE COURT: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Bank of America, N.A. Plaintiff v. MARCIA C. MARTENS A/K/A MARIA C. MARTENS; ROBERT MARTENS A/K/A ROBERT S. MARTENS; et al Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 14-4937 Civil PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint on the above -captioned matter. DATE: UDREN LAW OFFICES, P.C. BY: Attorneys for P ain i f Mob La PA ID 202194 1 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY •',71�_(��C{O[-- "o_ t� t tic E 11lf1�1P �d,� ' THE r Illi I HONG TA 2614 OCT 27 PM CUMBERLAND COUNT' PENNSYLVANIA OF.FiCE =;"1F TI- f!ERIFF Bank of America N.A. vs. Maria C. Martens (et al.) Case Number 2014-4937 SHERIFF'S RETURN OF SERVICE 10/21/2014 05:30 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Maria C. Martens, pursuant to Order of Court by "Posting" the premises located at 3608 Dwayne Avenue, Hampden Township, Mechanicsburg, PA 17050 with a true and correct copy according to law. GUTS L, DEPUTY SHERIFF COST: $34.49 SO ANSWERS, October 22, 2014 (c) CountySui e Sheriff, Teleosoft. Inc. RONN(R ANDERSON, SHERIFF UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Bank of America, NA Plaintiff v. Marcia C. Martens a/k/a Maria C. Martens; Robert Martens a/k/a Robert S. Martens Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS , c•-) CIVIL DIVISION • Cumberland County NO.14-4937 Civil VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter a true and correct copy of the Complaint in Mortgage Foreclosure was mailed to Defendant(s), by certified mail and regular first class mail, to the last known address of Defendant(s) as follows: DATE MAILED: October 29, 2014 Marcia C. Martens a/k/a Maria C. Martens 117 2nd Street Boiling Springs, PA 17007 Marcia C. Martens a/k/a Maria C. Martens 3608 Dwayne Avenue Mechanicsburg, PA 17050 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: f( /5- // BY: UDREN LAW OFFICES, P.C. orney for Plaintiff J. Eric Kishbaugh, Esquire PA ID 33078 'la %r LAW OFFICES, P.,C )CREST CORPORPTE Glittirkft 111 W000CRC aT ROAD CHERRY HILL, NJ 08003 6:\ ks a at-9„,a- Svc �� Marie,, C. Pik \--Moi LAW o, P.C. CORPORATE CENTER D CREST ROAD RRY HILL, NJ 08003 marc,to, C Mar+en. 3(.42()S kW -MC \\ACCAfICUItc.-SkX) 11os0 ifi FFI a iliorrplk'ii arrnr@i nr'rii''iiiT.I.,. is ilr11 1 n.•11Man xi num. •..:::-',Nt ;`W' ; F V1 ES, P C; JRRE '.AQRitCiR iiE C1._i'NI 11 W OOOCR. 31 ROAD 1-9 R Y HILL, NJ O 002, 1 Itl 11 11 91 7199 9991 7034 1879 1057 ADJ- P,\ i(Ci. C„ Rffr,TlE'391MIIIIIIITIrrr irTrrameen^oma„ �AC,` -R. 1 JAEN LAW OFFICES, P.C. )CREST CORPORATE CENTER 111 WOODCREST ROAD CHERRY HILL, NJ 08003 11 11 1 II 1 91 7199 9991 7034 1879 1064 Marcie, C. I tr- 1-3 A/ (ft .—(36--c:1/4, C. iart ,n 71(00X bvickvAz A,j iut ancsbUrriStd .J' UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 leadin s ' udren.com Bank of America, N.A. Plaintiff v. MARCIA C. MARTENS A/K/A MARIA C. MARTENS, ROBERT MARTENS A/K/A ROBERT S. MARTENS, Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 14-4937 Civil AFFIDAVIT OF NON-MILITARY SERVICE UNDER Pa.R.C.P 76 THE UNDERSIGNED states based upon a search of the Department of Defense Manpower Data Center for the Defendant(s), that the Defendant(s), ROBERT MARTENS A/K/A ROBERT S. MARTENS, who/each of whom is over 18 years of age is/are not in active military service as defined in the Servicemembers' Civil Relief Act. The Military. Status Report(s) is/are attached hereto as Exhibit The Affiant lacks sufficient information to be able to determine whether any other Defendants in this action are in active military service because Plaintiff cannot provide date(s) of birth and/or Social —~ Security number(s) for said Defendant(s) to enable a search. This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: November 24, 2014 MJU#: 12070544 CASE#: 12070544-1 'tto 9`e or ' lamtiff J. Eric Kishbaugh, .Esquire PA. ID 33078 Pennsylvania Office 100 W. 3rd Ave. Suite 200 Conshohocken, PA 19428 (PH) 215-568-9500 Mark J. Udren, Esq. Licensed: PA, ro PL UDRENLA W OFFICES, P. C. New Jersey Office Woodcrest Corporate Center 111 Woodcrest Rd. Suite 200 Cherry Hill, NJ 08003 (PH)856-669-5400 (FX) 856-669-5399 www.udren.com Prothonotary of Cumberland County One Courthouse Square Carlisle, PA 17013 Re: Bank of America, N.A. vs. Florida Office 2101 W. Commercial Blvd Suite 5100 Fort Lauderdale, FL 33309 (PH) 954-378-1757 (FX) 954-378-1758 MARCIA C. MARTENS A/K/A MARIA C. MARTENS, ROBERT MARTENS A/K/A ROBERT S. MARTENS, Cumberland County C.C.P. No. 14-4937 Civil MJU#: 12070544 CASE#: 12070544-1 Dear Sir or Madam: Enclosed please find Affidavit of Non -Military Service for the above captioned matter. I have also enclosed a copy of the Affidavit of Non -Military Service to be time stamped and returned m the enclosed self-addressed stamped envelope. Thank you for your assistance in this matter. Sincerely yours, Hillary Crouse MJU#: 12070544 CASE#: 12070544-1 Department of Defense Manpower Data Center Status Repot Pursuant to Sery cernercibers Civil Relief Act Last Name: MARTENS First Name: ROBERT Middle Name: Active Duty Status As Of: Nov -24-2014 Results as of : Nov -24-2014 10:31:18 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NAS+/ ...._'„''Nd .Status NA This response reflects the inch cua s active' uty� tatus.based on the_ cflve Duty{Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Status Date Active Duty End Date Status Service Component NA . NA d' i it A '4 Y h , ^ '3-_ h. /11� it771' I.NA NA dP++++x'h. �l„d�.1w, +�3+=hri 0.N This response reflects Where.th� individual leffactiv ,dutyslatus witNn,367rilays-preceding the�ACtive, Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status - Service Component NA N97r\ .. i . ':.'4 o` 1 ,- je NA __ This response reflects wthe hertha;indiVidal�or u°his/herunit,has.recelrad`badyn tifirati n to, port for active duty Upon searching the data banks of the Department of Defense Manporoe wer Data Center; �based=onythe information that you provided, the above is the status of the individual on the active duty status date as to all branches of the U orm d-Sery ms's=(Amy, Navy, Marine Corps, Air Force, NOAA, 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. v�. 'Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 EXa EXHIBIT A The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: KFN8027D30ED820 Department of Defense Manpower Data Center Status Report Pursuant to Servieementhers Civil Relief Act Last Name: MARTENS First Name: ROBERT Middle Name: S Active Duty Status As Of: Nov -24-2014 Results as of : Nov -24-2014 10:34:14 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA St,' N,,AA/� - � "iN NA ,.r Thls response reflecis-,the ndNldu 13 s' actIv644,, St tins`. raked own h ;AciftVi uik:,Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA 1634f ;17) {{ /y.�4X..;v__.:;74' ASV, NA N . . This response reflects ere,the�lnd'Ntdual leftactiverduty�tatus vidht'n;367:&aysprecedirig thIlAc`tive,Duly Status Date IPLA The Member or His/Her Unit Was Notified of a Future Cat -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Component NA "R NA\ .�}StatussService - L4sf h NA This response refects whethertheintdual:ofrhis/h—_un(thas�[aceiVed :a yn_ tifica)ronoltport for active duty Upon searching the data banks of the Department of Defense Manpowe 7Data'Center;'tbasetl�`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 Unifo m d;Se ice Amy Navy, Marine Corps, Air Force, NOAA, 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. YIA' Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 EXH/ ITA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 1 FYA42DDUOEEU80