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Home My WebLink About13-0001UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID#45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID#34576 SHERRI J. BRAUNSTEIN, ESQUIRE - ID#90675 SALVATORE CAROLLO, ESQUIRE - ID#311050 PAIGE M. BELLING, ESQUIRE - ID#309091 HARRY B. REESE, ESQUIRE - ID#310501 KASSIA FIALKOFF, ESQUIRE - ID#310530 ELIZABETH L. WASSALL, ESQUIRE - ID#77788 AGNES MOMBRUN, ESQUIRE - ID#309356 ELANA B. FLEHINGER, ESQUIRE - ID#209197 KATHERINE E. KNOWLTON, ESQUIRE - ID#311713 NICHOLAS GAUNCE, ESQUIRE - ID#206228 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadinss(a~udren.com U.S. Bank, National Association, as Trustee for C-BASS Trust 2006-CB9, C- BASS Mortgage Loan Asset-Backed Certificates, Series 2006-CB9 C/O Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 Plaintiff v. TIMOTHY R. CLOUSER 760 LONGS GAP RD CARLISLE, PA 17013 TAMALA J. KOCH 760 LONGS GAP RD CARLISLE, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF -~ ~ -;-~ _ ~ ~ ~..,.,; ~ ~-' '~°' s t ~. ~~ --- -~~ `s ~ r ~ x ~~ ~* ~- ~~ ~ ~~ ~ ura ~ ~ -,c COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. 1 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 propertyO ther rights important to you. ~ II ~~~ ~ ~~~.~I~CI A~ C~~ ~ I SSp . 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 provisioner 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 PARR 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 Plaintiff s favor: Assignor: Mortgage Electronic Registration Systems, Inc. 'i Assignee: Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for the C-BASS Trust 2006-CB9, C-BASS Mortgage Loan Asset-Backed Certificates, Series 2006-CB9 Date of Assignment: 12/13/2010 Recorded Date: 02/10/2011 Book/Instrument #: Instrument Number: 201105045 Page: N/A Assignor: Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for the C-BASS Trust 2006-CB9, C-BASS Mortgage Loan Asset-Backed Certificates, Series 2006-CB9 ; Assignee: U.S. Bank, National Association, as Trustee for C-BASS Trust 2006-CB9, C-BASS Mortgage Loan Asset-Backed Certificates, Series 2006-CB9 Date of Assignment: Recorded Date: Book/Instrument #: Page: 2. Upon information and belief Defendant(s) and/or their predecessor: Timothy R. Clouser and Tamala J. Koch (hereinafter "Defendants"), are the owners of property located at 760 Longs Gap Road, Carlisle, PA 17013 , by virtue of Deed dated 07/16/1999 and recorded 07/20/1999 in Official Records Book 204 at Page 219 of the Public Records of Cumberland County, Pennsylvania (hereinafter the "Property") 3. On 08/10/2006 ,Defendant(s) and/or their predecessor: TIMOTHY R. CLOUSER AND TAMALA J. KOCH promised to pay to the order of Wilmington Finance, Inc., the principal sum of $85,000.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 08/10/2006, Defendant(s) and/or their predecessor: TIMOTHY R. CLOUSER AND TAMALA J. KOCH to secure the Note, mortgaged to Mortgage Electronic Registration Systems, Inc., as nominee for Wilmington Finance, Inc. , the Property which is the subject of this action. The Mortgage was recorded on 08/25/2006 in Official Records Book 1963 at Page 2691. 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 08/01/2010, 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 $81,310.30 Accumulated Interest $12,864.55 Accumulated Late Charges $663.55 Escrow Deficit/(Reserve) $9,802.50 Title Report $300.00 Attorney Fees $1,650.00 Other Suspense Balance $-182.70 Property Inspection $52.50 Property Valuation $584.00 Prior Servicer Fees $804.00 Grand Total $107,848.70 The above figures are calculated as of 09/24/2012: 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 7.20000 %. The per diem interest accruing on this debt is $15.76 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 $28.85. 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 $107,848.70 plus ongoing interest, costs and attorneys fees and for sale of the Mortgaged prerruses. UDREN LAW CES, P.C. BY: SAWATORE UROLLO, ESQUIRE PA ID 311050 VERIFICATION The undersigned states that he/ a authorized to make this verification on behalf of the Plaintiff, and that the facts set fort 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. Date:~~~~ Name: Melissa A. Keefer Title: Contract Management Coordinator Company: Ocwen Loan Servicing, LLC as attorney in fact for U.S. Bank, National Association, as Trustee for C-BASS Trust 2006- CB9, C-BASS Mortgage Loan Asset-Backed Certificates, Series 2006-CB9 MJU #: 11100959 CASE #: 11100959-1 Transfer •' - ~ ~ . Legal Description ALL that certain tract of land situate with the improvements thereon erected in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center of a public road, known as Long's Gap Road; thence along lands now or formerly of Paul L. Brickner, South 60 degrees 45 minutes West, a distance of 318 feet to an iron pin; thence by leads now or formerly of Earl M. Lehman by the following courses and distances, to wit: South 27 degrees East, a distance of 247.6 fcet to a stake; thence North 60 degrees 30 minutes East, a distance of 167.4 feet to a post; thence North 41 degrees 45 minutes East, a distance of 21.7 feet to a point in the center of said public road; thence by the center of said public road, North 35 degrees 30 minutes West, a distance of 212.8 feet to the Place of BEGINNING. CONTAINING 2 acres of land, mote or less and being improved with a block and frame . dwelling and block garage, known as 760 Longs Gap Road, Carlisle. BEING Parcel No. 29-15-1247-017 1 Certify Ibis to ~''- ~ -,. lti~ Cumbcrlan~ ~ ' ,~ ,, , ~, ny.;~ _' ~ Y"`'\t , ~G• ~_~. - n ..,., i ~.. SK i 963PG2707 ~littan Laan Servicing® Sent Via Certified Mail 7113 8257 1474 6551 5855 10/5/2010 TAMELA KOCH TQvIOTHY CLOUSIIt 760 LONGS GAP RD CARLISLE, PA 17013 ACT 91 NOTICE 4828 Loop Central Drive Houston, TX 77081 Telephone (800) 999-8501 Fax (713)966-6906 www.littonloan.com Hours of Operation (CST) Monday: 8 am. - 7 p.m. Tuesday - Thursday: 8 a.m. - 8 p.m. Friday: 9 am. - 5 p.m. Satiuday: 8 a.m. - 12 p.m. TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE his is au official Notice tha_r the morteage on your home is in defsal aad a Iwder 'ntn- to foreclose Specific information about the nature of the default is provided in the attached pa es. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agepcy may be able to help eaplain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fmd a lawyer. LA NOTIF[CACIGN EN ADJ[INTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCCIrSN IIVMEDIATAMENTE LLAMANDO ESTA AGENCL4 (PENNSYLVANIA HOUSING FIIVANCE AGENCY) SIN CARGOS AL NUMERO MENC[ONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A RED[MIR SU HIPOTECA. 2800.0032.052909181132 7113 8257 1474 6551 5855 EXHIBIT A The erne ad~*ess and of,_one nu*!+ber of o mer Cre 't nc t'n6 Agencies aervL~ wur County are listed at the end of the Nottce. ff you have env oueshons wu may call the Pcnnsvlvania Housine Finance Aeencv toll free at (8001342-2397. (Persons with unpaired heatin¢ can call (71 71 780-1 8691 HOMEOWNER'S NAME(S): Tamela Koch Timothy Clouser PROPERTY ADDRESS: 760 Longs Gap Rd Carlisle, PA 17013 LOAN ACCT. NO.: 30078646 ORIGINAL LENDER: Contact Litton Loan Servicing LP CURRENT LENDERlSERVICER: Litton Loan Servicing LP HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE. FOR FINANt'rAr ASSI T x R ni H N SA~~ ~ O ~ HOb~ FRO~T_ FO~L.(1cURE AND HELP YOU McKF RfT7'rTRF ~ OR'rY'A F PAY6"F1~"^S IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HA5 BEEN CAUSED BY CII2CUMSTANCE5 BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHID BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. ~RARY STAY OF FORE S F -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. THLS MEETING MUST OCCUR WITHIN THIItTY THREE I33I DAYS OF THE DATE OF THIS NOTICE. 1F YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANC YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE ~LJ13_MORTGAGE DEFgUr T " uxr+r ATNS HOW TO BRING y0 m t~anuTr~GE rJP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days. after the date of this meeting, The names. addresses, and telephone numbers of desi®ated consumer credit cormsel'ne agencies for the county m which the property rs located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meetmg. Advrse your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later m 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 fnrwazded to PHFA and received within thirty (30) days of yore face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATIONAS SOONAS POS_IBZ F. 1F YOU HAVE A MEETING WITHA COUNSELINGAGENCY R9THIN33 DAYS OF TILE POSTMAR%DATE OF THZS NOTICE /VD FILEANAPPLICATION WITHPHFA iVITH1N30DAYS OF THAT MEETINGTHENTHELENDER WILL BE TEMPORARILYPREVENTED FROMSTARTINGA FORECLOSUREAGAINST YOUR PROPERTY, AS EXPZADVED ABOVE, IN THE SECTION CALLED "TEMPORARYSTAY OF FORECLOSURE. " YOUHAYE TXE RIGHT TO F/LE A XEMAP APPLICATIONEVENBEYOND THESE 77ME PERIODS A LATE APPLICAT/ON WIZL NOT PREVENT TXE LENDER FROMSTARTINGA FORECLOSURE ACTION, BUT1F YOURAPPLICATIONIS EVENTUALLYAPPROVED AT ANYTIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE RILL BE STOPPED. AGENCY ACTION -Available funds far emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligbility criteria established by the Act. The Pennsylvania Housing Finance Agency bas sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pttrsued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finaace Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETTi'ION [N BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have tiled bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YO MORT A E DEFA Tl" T (BI7 ¢ it uu to date 1 NATURE OF TRF. ntr.FAr1r.T _ The MORTGAGE debt held by the above lender on your property located at: 760 Longs Gap Rd Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 8/12010 through 10/1/2010 totaling $2,078.19 Other charges (itemized): Late charges: $173.10 NSF charges: $0.00 Outstanding legal fees and costs: ~ $0.00 Broker Price Opinion fees: $0.00 Inspection fees: $22.00 TOTAL AMOUNT PAST DUE: S2,273.29 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: Cure tha default. HOW TO CURE THE DEFAULT -You may ciae the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,273.29 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. P~ents 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 2800.0032.052909161132 7113 8257 1474 6551 5855 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIILTY (30) DAYS of the date of this Notice, the lender intends to exercise its rthts to accelerate the mo naoe debt. This means that the entire outstandmg balance of this debt will be ceasidered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortowoed DtODeCtV•_ - - IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency befae the lender begins legal pmceedittgs against you, .you will still be required to pay the reasonable attomey's fees that were actually insured, up to $50.00. However, if legal proceedings are 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. ff you cure the d fa .It within the TffiRTY (301 DAY oeri -you will not be rea fired to oav 9trnr 'c tay OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and al] other sums due under the mortgage. RiC HT TO mF TH D FA ii T P iOR TO H tFF' S i - If you have not c~a'ed the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to sue the default and urevent the sale at env time un to one hour before the Sheriff's Sale You may do so by Devine the total amount then nest duP plus am la±e or o her charorc then d, P hl from V' feG, n e^.tc c~mnerrri '}h fhr foreclosure sale. and am her co is nnected w" h he h~'ff t Ste. ]P A~ ar,e~ified in_ s,~ ± 1 ~ by nerfomL¢ env other rear+rements +n~P* the mort¢a¢e. Curing yoar default to the meaner set forth in this notice will restore your mortgage to the same positlon 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 properly could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to sue the default will increase the longer you wait. You may Sod out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT TIC •FxnFU• Name of Lender. LITTON LOAN SERVICING LP Address: 4828 Loop Central Drive, Houston, TX T1081 Phone Number. (S00) 999_8501 Fas Nnmber. ; (713) 966-8906 Contact Person: 'Default 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. Lf you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - ~'ou _ may ar X may not (CHECK ONE) sell or transfer your bane 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. ~litton Loan Servicing® Sent Via Certified Mail 7113 8257 1474 6551 5862 10/5/2010 TIMOTHY CLOUSER TAMELA KOCH 760 LONGS GAP RD CARLISLE, PA 17013 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) Monday: 8 a.m. - 7 p.m. Tuesday - Thursday: B a.m. - 8 p.m. Friday: 9 a.m. - 5 p.m. Saturday: 8 a.m. - 12 p.m. TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official Notice Lat the mortsane on your home ie in d~fanlt and the lead.•r 'nt -~t to foredo e. Spee~fic information aboat the nature of the default is orovlded in the attached oa ~. THI$ NOTICE. Take this Notice with you when you mcet with the Con ins Aeep~ry The name ad~*Pss and phone n mmber o o ~~er Crr it nc 1~,'ng Agencies serving c * o ty are listed at the end of the Nonce. If you have anv questions wu may call the Penn_svlvania Housine Finance Aeencv toll free at (8001342-2397. (Persons with impaired hearine can call (71 71 780-1 8691 Tltis Notice contains important legal information. It you have any questions, representatives at the Consumer Credit Counseling Agency maybe able to help eaplam it. You mey also want to contact as attorney ht your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAC[6N EN ADJUNTO ES DE SUMA [MPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTD7ICACIGN OBTENGA UNA TRADUCCILSN INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENC[ONADO ARRIBA. PUEDE SER ELEGIBLE PARR UN PRESTAMO POR EL PROGAMA L[.AMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM^ EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMlR SU HIPOTECA. c saz,e 2800.0032.052809161132 7113 8257 1474 6551 5862 HOMEOWNER'S NAME(S): Tmtothy Clouser Tamela Koch PROPERTY ADDRESS: 760 Lougs Gap Rd Carlisle, PA 17013 LOAN ACCT. NOs 30078646 ORIGINAL LENDER: Contact Litton Loan Servicing LP CURRENT LENDER/SERV[CER: Lttton Loan Servicing LP HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY B . ..r ID . FOR FIN NCTAI, A FO FCr TuF nm HELP YOU IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGHiLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL • IF YOU GAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUHtEMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORF.['T.()RTTRF -Under the Act, you ate 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. THLS MEETING MUST OCCUR WITHIN THIRTY-THR F 1331 DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOT CE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT.' FXPT _ATNS OW TO B TNG YO TR MORT A UP TO DAT . CONSUMER CREDIT COUNSELING AGENCIES - [f 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 alter the date of this meeting. The names. addresses. and telenhc~e numbers of designated consumer credit counsel' s agencies for the county m watch the protxrty is ]orated are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediakely 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 Pmgmm. 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 PHF'A and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOUSHOULDFILEAHEMAPAPPLICATIONASSOONASPOSSIBlE IF YOUHAVEAMEETING WITHA COUNSELINGAGENCYWITHIN33 DAYS OF TXE POSTWAR%DATE OF THIS NOTICEAND FILEANAPPLICATION iVITHPHFA W1TH1N30 DAYS OF THAT MEETING THENTHE LENDER WILL BE TEMPORARIZYPREVENTED FROMSTARTINGA FORECLOSUREAGA/NST YOUR PROPERTY, AS EXPLAINED ABOVE IN THE SECTION CALLED "TEMPORARYSTAY OF FORECLOSURE. " YOUHAVE TSE RIGHT TO FILE A HEMAP APPLICATION EYENBEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREi'ENT THE LENDER FROM STARTINGA FORECLOSURE ACTION, BUTIF YOURAPPLICATIONIS EYENTUALLYAPPROYED AT ANYTIME BEFORE A SHERIFF'S SALE THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disb~sed by the Agency under the eligrbility 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 Permsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have Tied bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGA E DEFA )1 T (Brine it uo to date 1 NATIIRE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 760 Longs Gap Rd Carlisle, PA 17013 IS SERIOllSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 8/ 12010 through 10/12010 totaling $2,078. ] 9 Other charges (itemized): Late charges: $173.10 NSF charges: $0.00 Outstanding legal fees and costs: $0.00 Broker Price Opinion fees: $0.00 Inspection fees: $22.00 TOTAL AMOUNT PAST DUE: 52,273.29 YOU HAVE FAILED 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 $2,273.29 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THULTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: Litton Loan Servicing LP Attention: Cash Management Department P.O. Box 4387 Houston, TX 772]0-4387 2800.0032.052908181132 7113 8257 1474 6551 5862 IF YOU DO NOT CURE THE DEFAULT - If you do not clue the default within THIRTY {30) DAYS of the date of this Notice, the lender intends to exercise its ri¢hts to accelerate the mo nnon debt. This means that the entire outstandmg balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon vour mortoa ed °ro°erty_ IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attomeys, but you cure the delinquency befaze the lender begins legal proceedings against you, you will still be required to pay the reasonable attomey's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you wIll have to pay all reasonable attomeys' fees actually incurred by the leader even if they exceed $50.00. Any attomey's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the data ~It within the THIRTY f301 DAY oeri _ ~..~~ ~.ttl not ~ .-._.~t.,~.t r.. s~• -.::_ ;~ ,,- ._~_ OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. Rr(£HT TO IItF TH D FA ri T P iOR TO Sg iFF' i ~ - If you have not cued the default within the THIRTY (30) DAY period and foreclosure proccedings have begun, you still have the right to cure the default and prevent the sale at am time un to one hour before the Sheriff's Sale You may do so by navi*+o the total amount then nest due nlus am late or other chAroes hen d. r b] tromev' f a c..~t „-,nneti-,,,, ~ h he foreclosure sale. and env other costa r.,.,ncetPd w h the h 'ff Q C t a cry °fie' in writ'nw tr the t~,~~ A d by t+?rfomr n¢ 8nV O het rep nrem~e ro~az 1h mort¢aee. Curing yoar defaWt 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 Sheriffls Sale of the mortgaged property could be held would be approximately 6 mouths from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE r,F.tvnF.u. Name of Lender: LITTON LOAN SERVICING LP , Address: 4828 Loop Central Drive, Houston, TX 77081 Pbone Number. (800) 999-8501 Faa Number. (713) 966-8906 Contact Person: Default Administration Department , EFFECT OF SHERIFF'S SALE -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the 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 aze paid prior to or at the sale and that other requirements of the mortgage are satisfied. u.~. ~tn~, ,~~~-;~,,t Plaintiff{s} wS. ~u~~a ~. ~; m 6~~ CI ~`'" defendant(s) ~f?RNI 1 ~,.~ T++ `~ r '"i+ C --~ ~__. IN THE COURT OF COMMON PLEAS~i _ ``' ~ _~ ~' ~, CUMBERLAND COUlv'TY, PENT~TSYLV~A ~ " Ewa x ~ ~• ~~ z~ :~ ---r „~ ~ ~;. Civil ~ , NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been. served with. a foreclosure complaint that could cause you to lose your home. If you own and live in the residential propem~ which is the subject of this foreclosure action, you may be able to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. - If ,yon do not have a lawyer, you must take the followiing steps to be eligible fvr a cvnciiiation conference. First, within tw~ent~~ (20} days of your receipt of this notice, you must contact MidPenn Leeal Services at {'r ] 7) 243-9400 extension_'~ 10 or (800) 822-5288 extension 2510 and request. appointment of a legal representative at no charge to you.. Once you have been appointed a.iegal representative; you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court. which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure cornpla.int. If you do so and a conciliation conference is scheduled, you will have an opportunin~ to meet with a'representative of your lender in an attempt to work. out reasonable arrangements with your lender before-the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn L.ega] Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. if you and your la~tyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and ftle a Request for Conciliation Conference with the Court, which must be filed with the Court within sixt} (60) days of the service upon you of the foreclosure complaint. .lf you do so and a conciliation conference is scheduled.. you will have an oppo,~unity to ;;;eel wit;. a representative of,~cur le;~•.~er „~ u„ atte, ~„ . ': ,~ ~. :.. ~,. ~~_ i'Or: •.~.:::' cSv*iabl:' i..,-., ~.., r..~ritS with your {ender before the mortgage foreclosure suit proceeds forward.. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED B~' THIS NOTICE. THIS PROGRAM IS FREE. Respectful _ ubmitted: 2 Date [Signature of Counsel for Plaintiff) SAWATORE CAROUA, ESQUIRE PA ID 311050 >4oxM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program .Financial Worksheet Date Cumberland County Court of Common Pleas Docket # tiuKRUV1JER 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 pro~ride the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different) Citv: Phone Numbers: Email: # of people in household: Mailing Address: City; Phone Numbers: Email: # of people in household: First Mortgage Lender: _ Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payfinents Amount: $ Included Taaes & Insurance: Date of Last Payment: Primaz-~~ Reason for Default: Date You Closed Your Loan: State: Z.ip: Yes ^ No ^ Listing date: Price: $ Realtor Phone: Yes ^ No ^ Home: Cell: How long? Home: _ Office: Cell: Other: State: Zip: How long? State: -Zip; Office: Other: Is the loan in Banl~ruptcy-? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real lWstate: $ - $ Retirement Funds: $ $ Lnvestments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #l : Model: Year: Amount owed: Value: Automobile #2: Model: yeaz.: Amount owed: Value: Other transportation. (automobiles boats motorcyclesl• Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. ., -- ~. Additional Income Description (n.ot wages): 1. monthly amount: mantl>ly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthiy Expenses: (Please only include expenses you are currently paying} I EXPENSE AMOUNT EXPENSE AMOUNT Mort;ave Food 2" Mort a ~e Utilities Car Payment(s) CondoJNei h. Fees Auto Insurance Med. (not covered) Auto fuel/re airs _ Other ro a ent Install. Loan Pa ~ment Cable TV :.:hild a .,o;-~~yiim Snendin ~ Money- • Dav/Child CareiTuit. Other Expenses Amount. Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? ~'es ^ No ^ If yes, please provide the following information: Counseling •4gency: Counselor: Phone (Office): Fax: Email Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ^ No ^ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ^ No ^ If yes. please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (I~?ame): Sen~icing Company (Name): Contact: Phone: Phone: 1/~`e' ,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. l,'We understand that I/«~e am;are under no obligation to use the sen~ices provided by the above named Borrower Signature Co-Borrower Signature Date Date Please forward this document along with the following information to lender and lender's counsel: -~ Proof of income ,,V! Past 2 bank statements IVY Proof of any expected income for the last 45 days V Copy of a current utilit~~ bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) FORM 3 IN THE COURT OF COMMON PLEAS C)F CUMBERLAND COtTNTY. PEN?`~SYL.V.AN1A 1'lainiff(s) vs. Defendants} C'IVI_I. REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 7012. governing the Cumberland Count<~ Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certif es as :follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; ?. Defendant lives in the subject real property, which is defendant's prinzar~ residence; ~. Defendant has been sensed with a ``Notice of Residential Mortga~~e Foreclosure Diversion Program" and has taken all of the steps required. in that Notice to be eligible to participate in a cotut-supervised conciliation conference. The undersigned verifies that the statements made herein are true. acid correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities.. signature of De,fendant's Counsel!Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF ~ ° ~~ ......~ BY: MARK J. UDREN, ESQUIRE - ID #04302 ~ ~ s=-' STUART WINNEG, ESQUIRE - ID#45362 ~, z -~, LORRAINE GAZZARA DOYLE, ESQUIRE - ID#34576 ~"~ ' ~~' rv ~ SHERRI J. BRAUNSTEIN, ESQUIRE - ID#90675 ~ -'' SALVATORE CAROLLO, ESQUIRE - ID#311050 ~~ a °~`' ~ PAIGE M. BELLING, ESQUIRE - ID#309091 f ~ ~ '~-; ~ HARRY B. REESE, ESQUIRE - ID#310501 .z., .~ KASSIA FIALKOFF, ESQUIRE - ID#310530 ~ `~' l ELIZABETH L. WASSALL, ESQUIRE - ID#77788 AGNES MOMBRUN, ESQUIRE - ID#309356 ELANA B. FLEHINGER, ESQUIRE - ID#209197 KATHERINE E. KNOWLTON, ESQUIRE - ID#311713 NICHOLAS GAUNCE, ESQUIRE - ID#206228 JOHN ERIC KISHBAUGH, ESQUIRE - ID#33078 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings a,udren.com U.S. Bank, National Association, as Trustee for C- BASS Trust 2006-CB9, C-BASS Mortgage Loan Asset-Backed Certificates, Series 2006-CB9 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409 Plaintiff v. TIMOTHY R. CLOUSER 760;LONGS GAP ROAD CARLISLE, PA 17013 COURT OF COMMON PLEAS CNIL DIVISION CUMBERLAND County NO. ~ ~ _ I lr IV f ~ T~,Y IM TAMALA J. KOCH 760 LONGS GAP ROAD CARLISLE, PA 17013 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; Paige M. Bellino, Esquire; Harry B. Reese, Esquire; Kassia Fialkoff, Esquire; Salvatore Carollo, Esquire; Elizabeth L. Wassail, Esquire; Agnes Mombrun, Esquire; Elana B. Flehinger, Esquire; Katherine E Knowlton, Esquire; Nicholas Gaunce, Esquire, and John Eric Kishbaugh, Esquire on behalf of the Plaintiff, in the above-captioned matter. UDREN LAW OF CES, P.C. BY: SAWATORE CAROUA, ESQUIRE PA ID 311050 UDREN LAW OFFICES,P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 : 856-669-5400 w lep adings(a),udren.com Z N %o U.S. Bank,National Association, as Trustee COURT OF COMMON PLEAS for C-BASS Trust 2006-CB9, C-BASS CIVIL DIVISION ° Mortgage Loan Asset-Backed Certificates, Cumberland County casYr Series 2006-CB9 ca Plaintiff MORTGAGE FORECLOSURE V. TIMOTHY R. CLOUSER; TAMALA J. NO. 13-1 Civil Term KOCH; et al Defendant(s) PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above DISCONTINUED WITHOUT PREJUDICE,upon payment of your costs only. DATED: UDREN LAW OFFICES, P.C. - BY: Attorne for Plaintiff MJU#: 11100959 CASE#: 11100959-1 Jordan David, Esquire Pfl iv: 31154$