The URL can be used to link to this page

Home My WebLink About10-7319UDREN LAW OFFICES, P.C. WOODCRSST CORPORATE CBNTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadiags~udren.com The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, N.A., as trustee for the € benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass- Through Certificates Series 2006-D C/0 Litton Loan Servicing, LP 4828 Loop Central Drive Houston, TX 77081 Plaintiff v. Rodney L. Clouser 447 Hunters Road Newville, PA 17241 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County ~ a C~ '~ ra -a r ~n w a° ~n a ~Q ~"• ~ ~ c=~ nz = °~ G~ ~ NO .' ~ ~ ~~ 1 ~ c~ ~~ ~ -C COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIBS 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 717-249-3166 800-990-9108 b ~~ ~ ~~~ ~4s~ s 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 0 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 iJN ABOGADO Ia~EDIATAffiENTE, SI NO TIENB A8OGADO O SI NO TIENE EL DINERO 3IIFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAffiE POR TSLEFONO A LA OFICINA CtJYA DIRECCION S$ ENCIIENTRA ESCRITA ABAJO PARR AVERIGIIAR DONDE SE PIIEDE CONSEGIIIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 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 Corporation designated as such in the caption on a preceding page, who is the legal holder of the Mortgage and is in the process of formalizing the Assignment of Mortgage to be sent for recording. 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 447 Hunters Road MUNICIPALITY/TOWNSHIP/BOROUGH: Lower Mifflin Township COUNTY: Cumberland DATE EXECUTED: 8/23/06 DATE RECORDED: 8/28/06 BOOK: 1963 PAGE: 4079 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses 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. 6. The following amounts are due on the said Mortgage as of 11/19/10: Principal of debt due $181,223.69 Unpaid Interest at 8.5~ from 3/1/10 to 11/19/10 (the per diem interest accruing on this debt is $42.20 and that sum should be added each day after 11/19/10) 11,071.20 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $0 and that sum should be added on the first of each month after 11/19/10) 2,215.50 Late Charges (monthly late charge of $71.80 should be added in accordance with the terms of the note after 11/19/10) 949.87 Corporate Advance 100.00 NSF Fees 25.00 TOTAL $196,190.26 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A" , and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $196,190.26 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. P.C BY U Atto f r ain ' r~ ro 2a~`~o' i ~: Rodney L t]otncer EXHIBIT A Order Numbs: 1346344-1 ALL tkat certain that of herd ioeatad itt Lower Mifflin Township, Cantberlmtd Cotmty, Pemsylvanh, mote partieuhrly bounded and daacrt(red ae fellows: BEGINNING at s paint and spike is a privNe road and corsu!r of lands of Darrell W. T)ewaq; tirmee North 34 degtaas 09 minutes 30 saontb Wen a diyts<ra of 464.27 feet abng land ofDanell W. Dewalt b a widte oak and ooroa of bode of Charlaa E. Hebetlig: tlratx North 73 dtgrea SO mimtta Eeri a dinenee of 49D.03 feet abng land of Charles 1? tlebariig str a dad ehn; draaoe NtsrAr 60 degrees 33 minutess Best a diataaoe of 641.63 feet stiN along land of Charles E. Haberlig ro a !Dora tees and coma of bards of Nelson Viaring; thence Soah 1 ! degroea 22 eehutae Eaei a dia4nce of 407.23 feat along had of Neboa Vining to a post, tirerx iloudt 2T degree 13 misutea East a dhtawce of99 fetx still dory land of Nelson Vierirrg b a poet; lbeaoe Skwth 24 dagraac c0 mimrtes Walt a d'ntanon of !73.23 feet still abrrg ktul of Nelson Vining b an spple fret; dtarce South 19 degrees SO mientes West a distance of 160 fat oontimtiag along hod of Nilson Vierhsg b an dm free and mmu of lends of R. Alfred Grtlsier, thenee North g4 degrees 4S minutes West a d'utana of 696J0 fees abng hod of R. Alfred Gdsla ro a spike et a point in the eforeaafd peivate road; tt>rnce South 36 degrees ! 5 mhtnta West a distantx of f 2E.65 fat dortg lirm in sdd private road to a spike and Place of 8£GINNING. Tn aocp+darta with survey of Thomas A. Ne11; Regisserod Surveyor, dated hate 17, [970, as refercacc thereto will morn fuly appear. Print Date:E/tT/200d 2;41:45PM OrderNnenher.1346344-i Yagedo€4 Litton Loan Serviang LP P.O. Box 9010 Temecula, CA 92589-9010 Send Payments To: Litton Loan Serviang LP Attrr Cash Management Department P.O. Box 4387 Houston, TX 77210-4387 Send Correspondence To: Litton Loen Serviang LP Attn: Customer Assistance Response Team 4828 Loop Central Drive Houston, TX 77081 PRESORT Fret-Class Mail U.S. Postage and Fees Paid WSO zofooefe-eo DN~ACT EXHIBIT` f~ . ::~, INII~IIIIIINIIIIIIII ~..3 ,zs, ,~,~ „a~ ,,,, (ui~~~nr~n~i~~~n~n~~~~i~n~nr~~r~nn~~~i~n~~ur~~ni~~ RODNEY L. CLOUSER 447 HUNTERS RD NEWVILLE, PA 17241 1155-vf4 ~, Litton Loan Servicing Sent Via Certified Mail 7113 8257 1474 3304 3373 6/15/2010 RODNEY L. CLOUSER 447 HUNTERS RD NEWVII.,LE, PA 17241 ACT 91 NOTICE 4828 Loop Central Drive Houston, TX 77081 Telephone (800) 999-8501 Fax (713) 966-8906 www.littonloan.com Hours of Operation (CST) Mon.: 8 a.m. - 8 p.m. Tues. - Thurs.: 8 a.m. - 10 p.m. Fri.: 9 a.m. - 5 p.m. Sat.: 8 a.m. - 12 p.m. Sun.: 10 a,m. - 2 p.m. TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official Notice that the mort~aee on your home ~ in defsnlt. and the lender intends to foreclose. Sneeifk information abosit the nature of the de is provided in the attached na The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEM_AP) may be abk to help save 1*oc_~ his This Notice a sin. how the arosra~a works. To see if HEl<'`AP cai ~)~, voa post MEET WITS A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Connseli^e Aeencv The name address and phone n~ber of Con_~++er Credit Caunse in¢ A¢encies cen,ingvour County ere listed et +he end of the Notice. L va hsve an~q~stions. you mayG:LI tih_e Pennsvlvan_ia Housing F,sA,~~ to - at (800) 342-2397. (Persons with impaired hearing can call (717) 780-18691 This Notice contains important legal information. If you have any questions, representatives at the Consamer Credit Connsding Agency may be able to hdp explain it. You may ado want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LITTON LOAN SERVICING LP IS A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT YOUR DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU ARE NOT OBLIGATED ON THE DEBT OR 1F THE DEBT HAS BEEN DISCHARGED IN A BANKRUPTCY PROCEEDING, THIS IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT AN ATTEMPT TO ASSESS OR COLLECT THE DEBT FROM YOU PERSONALLY. 2800.0032.091708100007 7113 8257 1474 3304 3373 LA NOTIFICACIbN EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIbN OBTENGA UNA TRADUCCIGN INMEDIATAMENTE LLAMANDO ESTA AGENCEA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Rodney L. Clouser 447 Hunters Road Newville (Lower Mifflin), PA 17241 41029992 Contact Litton Loan Servicing LP Litton Loan Servicing LP HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU M_Ay ~E ELIGIBLE. FOR FINANCIAL ASSLSTANCE WHICH CA_N SAVE YOUR, H01VIE FI?O+, 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"S, YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TF~ORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TH1S MEETING MUST OCCUR WITHIN THIRTY-THREE (331 DAYS OF THE DATE OF THLS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT "EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DAT 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 desiffiated consumer credit counseline agencies for the crnmty in which the pmpertv is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOUSHOULD FILER HEMAPAPPLICATIONAS SOONAS POSSIBLE IF YOUHAYE A MEETING WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARSDATE OF THIS NOTTCEAND FILE ANAPPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPORARILYPREVENTED FROMSTARTINGA FORECLOSUREAGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. " YOU HAVE THE RIGHT TO FILE A HEMAPAPPLICATION EVENBEYOND THESE T7~E PERIODS A LATE APPLICATTON fYlll NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: 1F YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THLS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have tiled bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring; it up to dote.) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 447 Hunters Road Newville (Lower Mifflin), PA 17241 IS SERIOUSLY 1N DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts aze now past due: 4/1!2010 through 6/1/2010 totaling $4,308.15 Other charges (itemized): Late charges: $806.27 NSF charges: $25.00 Outstanding legal fees and costs: $0.00 Broker Price Opinion fees: $100.00 Inspection fees: $67.60 TOTAL AMOUNT PAST DUE: 55,307.02 B. YOU HAVE FAII.,ED TO TAKE THE FOLLOWING ACTION: Cure the default. HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5,307.02 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made savable and sent to: Litton Loan Servicing LP Attention: Cash Management Department P.O. Box 4387 Houston, TX 77210-4387 2800.0032.091708100007 7113 8257 1474 3304 3373 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 ezercise its rights to aecderate 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 noon vonr mortgaged oronerty_ 1F 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 leader 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 aze started against you, you will have to pay all reasonable attorneys' 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 von cure the defanit within the THIRTY (30) DAY ceriod. you will not be reanired to nsv attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so bYpayjnq the total amount then past due. plus any late or other chaz¢es then due, reasonable attorney's fees and costs connected with the foreclosure sale. and auv other costs connected with the Sheriff's Sale as specified in writin¢ by the lender and by nerforminQ am other reauirements under the mort¢a¢e. Curing yonr defanlt 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 Sheriff's Sale of the mortgaged property could be held would be approaimately 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: LITTON LOAN SERVICING LP Address: 4828 Loop Central Drive, Houston, TX 77081 Phone Number• (800) 999-8501 Faz Number. (713) 966-8906 Contact Person: Defaalt Administration Department EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your 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 other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: ~r „a. t:yr • 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 (3) TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUTf INSTITCTTED 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 CUMBERLAND COUNTY Adams County Interfaith CCCS of Western PA Housing Authority 2000 Linglestam Road 40 E High Street Harrisburg, PA 17102 Gettysburg , PA 17325 888.511.2227 717.334.1518 Community Action Commission of Capital Region 1514 Deny Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Hantstnug, PA 17110 717.232.2207 Maranatha PHFA 43 PhAadelphia Avenue 211 North Front Street Waynesboro, PA 17268 Hanisburg, PA 17110 717.762.3285 717.780.3940 800.342.2397 2800.0032.091708100007 7113 8257 1474 3304 3373 V E R I F I CAT I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she is authorized to make this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents. The statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN F S, P.C. BY: Attorne P aintiff ~~ Y~1NY 4 TAOmas, Esgwr~ M m 204460 A IIDREN LAW OFFICES, P.C. ATTORNEY BY: MARK J. IIDREN, ESQIIIRE - ID #04302 STIIART WINNEG, 83QIIIRE - ID #45362 LORRAINE DOYLE, ESQIIIRE - ID #34576 ALAN M. MINATO, ESQIIIRE - ID #75860 CHANDRA M. ARKEMA, ESQIIIRB - ID #203437 SHERRI J. BRAIINSTEIN, ESQIIIRE - ID #90675 MARGIIERITE L. THOMAS, ESQIIIRE - ID #204460 ADAM L. KAYES, ESQIIIRE - ID #86408 DANIEL 3. 3IEDMAN, ESQIIIRE - ID #306534 JEROME B. BLANK, ESQIIIRE - ID #49736 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SIIITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadiagaCDttdrea.com FOR PLAINTIFF The Bank of New York Mellon :COURT OF COMMON PLEAS f/k/a The Bank of New York as :CIVIL DIVISION successor to JPMorgan Chase :Cumberland County Bank, N.A., as trustee for the € benefit of the 16-~~1~ Certificateholders of Popular €NO. ABS, Inc. Mortgage Pass- Through Certificates Series 2006-D C/O Litton Loan Servicing, LP 4828 Loop Central Drive Houston, TX 77081 Plaintiff v. Rodney L. Clouser 447 Hunters Road Newville, PA 17241 Defendant(s) ENTRY OF APPEAR.ANCB TO THE PROTHONOTARY: C ~ '~ 'U3 ~ a -1 ~ ~ Z~ o •c ~ .~r- ~3}' w pC- --~ ~~ Z ~~ - 3a- t -C p Ch wa ^C Kindly enter the appearance of the following counsel: Mark J. Udren, Esquire; Stuart Winneg, Esquire; Lorraine Doyle, Esquire; Alan M. Minato, Esquire; Chandra M. Arkema, Esquire; Adam L. Kayes, Esquire; Marguerite L. Thomas, Esquire; Daniel S. Siedman, Esquire and Jerome B. Blank, Esquire on behalf of the Plaintiff, The Baak ._. of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, N.A., as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-D in the above-captioned matter. OE~'ICES , P . C . BY: Nt t„ 1Ms~,, l~+e M IO SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?o?r?xtr at ?u+nbrr,??h OF-JCE OF THE $-EPIFF FILED-OFFICE r F "?HE PROTHO"?G?TAI,? 2010 DEC -? AM 8- I (,-UIMBERLAND PENMSY X114 A' T` The Bank of New York Mellon vs. Rodney L. Clouser Case Number 2010-7319 SHERIFF'S RETURN OF SERVICE 11/29/2010 02:30 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on November 29, 2010 at 1430 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Rodney L. Clouser, by making known unto Shawn Trayer, Son of defendant at 447 Hunters Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $38.80 November 30, 2010 TIM IFL.AC, DEPUTY SO ANSWERS, RONNY R ANDERSON, SHERIFF (c) GOUM Suite Sheriff, Teieosoft_ Inc. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 The Bank of New York Mellon : COURT OF COMMON PLEAS f/k/a The Bank of New York as : CIVIL DIVISION successor to JPMorgan Chase : Cumberland County Bank, N.A. , as trustee for the benefit of the Certificateholders of Popular : NO. 10-7319 ABS, Inc . Mortgage Pass- C=. Through Certificates Series 2006-D -p M-� C/O Litton Loan Servicing, LP , 4828 Loop Central Drive -�3' CA c>° Houston, TX 77081 C ; Plaintiff �. V. Rodney L. Clouser 447 Hunters Road Newville, PA 17241 Defendant (s) PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. P I A At o or Plaintiff DATED: April 22 , 2013 HARRY B. REESE, ESQUIRE PA ID 310501 e � Io«D-