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Home My WebLink About09-6750GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2006-BC1 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 Plaintiff vs. DEBRA L. FAILOR VINCENT SCOTT FAILOR a/k/a VINCE SCOTT FAILOR Mortgagors and Record Owners 1194 Myerstown Road Gardners, PA 17324 Defendants IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. Oq'050 eiol Iem CIVIL ACTION: MORTGAGE FORECLOISURF NOTICE 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 the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A LISTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website h!W://www. hp fa.oriz/consumers/homeowners/real asnx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a,goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 87471FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2006-BC 1, 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005. 2. The names and addresses of the Defendants are DEBRA L. FAILOR, 1194 Myerstown Road, Gardners, PA 17324 and VINCENT SCOTT FAILOR a/k/a VINCE SCOTT FAILOR, 1194 Myerstown Road, Gardners, PA 17324, who are the mortgagors and record owners of the mortgaged premises hereinafter described. On October 05, 2005 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR WILMINGTON FINANCE A DIVISION OF AIG FEDERAL SAVINGS BANK, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1926 Page 0115. The mortgage has been assigned to: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2006-BC I by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for April 15, 2009 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ..................................................................................$197,130.51 Interest from 03/15/2009 through 09/30/2009 at 7.7500% .......................$8,371.99 Per Diem interest rate at $41.86 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$9,856.53 Late Charges from 04/15/2009 to 09/30/2009 .............................................$438.41 Monthly late charge amount at $73.07 Costs of suit and Title Search ......................................................................$900.00 Escrow Advance .......................................................................................$8,887.52 Property Inspections .......................................................................................$55.00 BPO's ...........................................................................................................$260.00 Interest-Escrow Advance .............................................................................$114.89 Monthly Escrow amount $886.80 $226,014.85 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $226,014.85, together with interest at the rate of $41.86, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: kA)?A GOLDBECK McCAFFERTY BY: MICHAEL T. MCKEEVER, Es ATTORNEY FOR PLAINTIFF VERIFICATION as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 0?- 1- ` 01 (f L_ U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2006-BC I, BY WILSHIRE CREDIT CORPORATION, IT AUTHORIZED SERVICING AGENT. #87471FC - DEBRA L. FAILOR and VINCENT SCOTT FAILOR a/k/a VINCE SCOTT FAILOR 1194 Myerstown Road Gardners, PA 17324 EyhibitA Date: 9/26/2005 Order Number: 00002764! Re; Vincent S. Tailor Debra L. Tailor ..y 1194 MYERSTOWN ROAD GARDNERS, PA 17324 CUMBERLAND County 8]CHIBIT '.71,' ALL THAT CERTAIN situate in Dickinson Township, in the County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the centerline of Myerstown Road (T-524) and the northwestern corner of Lot No. 28 on the hereinafter mentioned plan; thence along said Lot No. 28, South 30 degrees 59 minutes 57 seconds West 688.10 feet to a concrete monument set; thence along Lot No. 24 on the hereinafter mentioned Plan, North 54 degrees 02 minutes 14 seconds West 291.91 feet to a point; thence along Lot Nos. 17 and 18 on Michaux Meadows Phase II Final Plan as recorded in Plan Book 64, Page 42 in the hereinafter mentioned Office, North 24 degrees 13 minutes 40 seconds East 459.69 feet to a point; thence along Lot No. 20-A on the hereinafter mentioned plan, South 65 degrees 46 minutes 20 seconds East 216.97 feet to a point; thence continuing along said lot No. 20-A, North 24 degrees 13 minutes 40 seconds East 241.76 feet to a point in the centerline of said Myerstown Road (T-524); thence along the centerline of said Myerstown Road (T-524), South 64 degrees 40 minutes 59 seconds East 150.00 feet to a point, the place of BEGINNING. Included the potion of said premises under and subject to dedicated right-of-ways and being Lot No. 27 on a Final Plan, Michaux Meadows, Re-Subdivision of Lots 21 thru 29 & 32, as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 72, Page 5. SUBJECT, HOWEVER, to following protective covenants recorded with said Final Subdivision Plan for Michaux Meadows, which the Grantees, for themselves, their heirs and assigns, agree to comply by the acceptance of this deed. 1. No structure of a temporary character or trailer, mobile home, basement, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence. 2. No noxioua or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become any annoyance or nuisance to the neighborhood. 3. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot for any commercial purposes.k 4. No lot shall be used or maintained as a dumping area for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 5. No home having habitable floor space less than 1000 square feet for a one story and 1200 square feet for a two story structure shall be erected or maintained on any lot. 6. No dwelling shall have an exterior finish or exterior color which would be offensive or in poor taste to the atmosphere maintained by the balance of the homes in "Michaux Meadows." 7. No vehicles shall be abandoned or stored on any lot. All vehicles kept on any lot shall have a current state inspection sticker. Time: 11:47:46 AM BK 1926PGO 131 Page: 6 of 6 Order Number 000027841 E..X.,hibit (B ACT 91 NOTICE DATE OF NOTICE: 09/04/2009 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMA.P can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit CounselinAgencies serving your County are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacon en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numbeo mencionada abb. Puedes ser elegible para un prestamo por el programs Ilamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 Date: 09/04/2009 TO: DEBRA L. FAILOR Homeowners Name: DEBRA L. FAILOR and VINCENT SCOTT FAILOR a/k/a VINCE SCOTT FAILOR Property Address: 1194 Myerstown Road, Gardners, PA 17324 Loan Account No.: 1453453 Original Lender: Current Lender/Servicer: WILSHIRE CREDIT CORPORATION HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days 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 designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TQ DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) 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 filed or postmarked within thirty (30) days of your fact-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. 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: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankraptey you can. still apply for Emergency Mortga a Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin¢ it up to date) 3 NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1194 Myerstown Road, Gardners, PA 17324 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: (a) Monthly payment from 04/15/2009 thru 09/04/2009 (6 mos. at $2,348.28/month) $14,089.68 (b) Late charges from 04/1512009 thru 09/04/2009 (6 mos. at $73.07/month) $438.42 (c) Other charges; Escrow, fnspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $14,528.10 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 $14,52&10 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: WILSHIRE CREDIT CORPORATION 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortuaue debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon Your mortgaged Property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (301 DAY period. you will not be reauired to Pav attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paving the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4 to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale, Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: WILSHIRE CREDIT CORPORATION Address: 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 Phone Number: 800-776-0100 Contact: Loss Mitigation 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact: Loss Mitigation Department Phone Number: 800-776-0100 HEMAP Consumer Credit Counseling Agencies Report last updated: 9!1!2009 8:42:35 AM CCCS of Northeastern PA 401 Laurel Street Pittston, PA 18640 570.602.2227 800.922.9537 CRAWFORD County Booker T. Washington Center 1720 Holland Street Erie, PA 16503 814.453.5744 CCCS of Western PA 4402 Peach Street Erie, PA 16509 888.511.2227 ext 108 888.511.2227 ext 108 Center for Family Services, Inc. 213 Center Street Meadville, PA 16335 814.337.8450 Greater Erie Community Action Committee 18 West 9TH Skeet Erie, PA 16501 814.459.4581 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 724.981.5310 St Martin Center 1701 Parade Street Erie, PA 16503 814.452.6113 CUMBERLAND County Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.5112227 888.5112227 Community Action Commission of Capital Region 1514 Derry Skeet Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Frond Street Harrisburg, PA 17110 717.780.3940 800.342.2397 DAUPHIN County CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Opportunity Inc. 301 East Markel Street York, PA 17403 717.424.3645 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 DELAWARE County Acorn Housing Corporation 846 North Broad Street Philadelphia, PA 19130 215.765.1221 Advocates for Financial Independence 202 East Hinkley Avenue Ridley Park, PA 19078 215389.2810 American Credit Counseling Institute 526-528 Dekaib Street Norristown, PA 19401 610.971.2210 888.212.6741 Page 8 of 21 HEMAP Consumer Credit Counseling Agencies Report last updated: 9/1/2009 8:42:35 AM American Credit Counseling Institute 175 Strafford Avenue Suite 1 Wayne, PA 19087 610.9712210 888.212.6741 American Financial Counseling Services Inc. 175 Strafford Avenue Suite One Wayne, PA 19087 267.228.7903 800.490.3039 American Financial Counseling Services Inc. 1080 N. Delaware Avenue Suite 200 Philadelphia, PA 19125 267.228.7903 800.490.3039 American Financial Counseling Services Inc. 405 West Germantown Pike Norristown, PA 19403 267.228.7903 800.490.3039 American Red Cross of Chester 1729 Edgemont Avenue Chester, PA 19013 610.874.1484 APM 2147 North Sndh Street Philadelphia, PA 19122 215.235.6788 Carroll Park Community Council, Inc. 5218 Master Street Philadelphia, PA 19131 215.877.1157 CCCS of Delaware Valley 113 East Main Street 2nd Floor Norristown. PA 19401 215.563.5665 CCCS of Delaware Valley 1001 East Lincoln Highway Suite 102 Coatesville, PA 19320 215.563.5665 CCCS of Delaware Valley 1808 Walnut Street 10th Floor Philadelphia, PA 19107 215.563.5685 CCCS of Delaware Valley 280 North Providence Road Media, PA 19063 215.563.5665 CCCS of Delaware Valley 790 E. Market St. Suite 170, Marshall Building West Chester, PA 19382 215.563.5665 CCCS of Delaware Valley 4400 North Reese Street Philadelphia, PA 19140 215.563.5665 Chester Community Improvement Project 412 Avenue of the States PO Box 541 Chester, PA 19016 610.876.8663 Diversified Community Services Dixon House 1920 South 20th Street Philadelphia, PA 19145 215.336.3511 FOB CDC 1201 West Olney Avenue Philadelphia, PA 19141 215.549.8755 Germantown Settlement 5538 Wayne Avenue Bldg C Philadelphia, PA 19144 215.849.3104 MACE 167 W. Allegheny Avenue 2nd FI Philadelphia, PA 19140 215.426.8025 Housing Partnership of Chester County 41 West Lancaster Ave Downingtown, PA 19335 610.518.1522 Media Fellowship House 302 South Jackson Street Media, PA 19063 610.585.0434 Northwest Counseling Service 5001 North Broad Street Philadelphia, PA 19141 215.324.7500 Page 9 of 21 HEMAP Consumer Credit Counseling Agencies Report last updated: 9/1/2009 8:42:35 AM Opportunity Inc. Two Bala Plaza Suite 300 Philadelphia, PA 19004 610.660.6687 Phila Council For Community Advmnt 1617 John F Kennedy Blvd Suite 1550 Philadelphia, PA 19103 215.567.7803 600.930.4663 Urban League of Philadelphia 1216 Broad St 9th Floor Philadelphia, PA 19107 215.985.3220 ELK County FAYETTE County Action Housing, Inc 425 6th Avenue Suite 950 Pittsburgh, PA 15219 412.281.2102 800.792.2801 CCCS of Western PA 1 North Gate Square #2 Garden Center Drive Greensburg, PA 15601 888.511.2227 888.511.2227 Community Action Southwest 58 East Greene Street Waynesburg, PA 15370 724.852.2893 Northern Tier Community Action Corp. P.O. Box 389 135 West 4th Street Emporium, PA 15834 814.486.1161 ERIE County Booker T. Washington Center 1720 Holland Street Erie, PA 16503 814.453.5744 CCCS of Western PA 4402 Peach Street Erie, PA 16509 888.511.2227 ext 108 888.511.2227 ext 108 Greater Erie Community Action Committee 18 West 9TH Street Erie, PA 16501 814.459.4581 St. Martin Center 1701 Parade Street Erie, PA 16503 814.452.6113 Voices for Independence 1107 Payne Avenue Erie, PA 16503 814.874.0064 800.838.9890 Fayette Co. Community Action Agency, Inc. 108 North Beeson Avenue Uniontown, PA 15401 724.437.6050 800.427.INFO Southwestern Pennsylvania Legal Servkes Inc. 45 East Main Street Suite 200 Uniontown, PA 15401 724.439.3591 Tabieland Services Inc. 535 East Main Street Somerset, PA 15501 814.445.9628 800.452.0148 FOREST County Warren-Forest Counties Economic Opportunity Council 1209 Pennsylvania Ave, West P.O. Box 547 Warner, PA 16365 814.7262400 FRANKLIN County Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 717.637.3768 Page 10 of 21 W Wilshire July 20, 2009 CERTIFIED RETURN RECEIPT AND REGULAR FIRST CLASS MAIL L178G FAILOR. VINCENT 1194 MYERSTOWN RD GARDNERS, PA 17324 RE: Loan No.: 1453453 ACT 91 NOTICE Phone 888.502.0100 Fax 503.952.7476 Website https://www.wcc.ml.com TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT' THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http://www.ago.state.co.us/cadc/cadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L178G Wilshire Credit Corporation Payments P.O. BOX 105344; Atlanta, GA 30348-5344 or P.O. Box 7195; Pasadena, CA 91109-7195 Correspondence P.O. Box 8517; Portland, OR 97207-8517 FAILOR, VINCENT Loan No.: 1453453 Page 2 July 20, 2009 LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS' NAME(S): PROPERTY ADDRESS LOAN ACCT. NO.: ORIGINAL LENDER: BANK CURRENT LENDER/SERVICER: FAILOR, VINCENT 1194 MYERSTOWN RD GARDNERS, PA 173249040 1453453 WILMINGTON FINANCE, A DIVISION OF AIG FEDERAL SAVINGS Wilshire Credit Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY HE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND (Continues!) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http://www.ago.state.co.us/cadc/cadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L178G This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. FAILOR, VINCENT Loan No.: 1453453 Page 3 July 20, 2009 • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days 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. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) 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 NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. You must have a face-to-face meeting with one of the designated consumer credit counseling agencies within thirty-three (33) calendar days. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty(30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) 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 Mortgage 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. YOU SHOULD FILEA HEMAP APPLICA TION ASSOONASPOSSIBLE. IF YOU HAVEA MEETING WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AN FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPOR,4RIL Y PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED " TEMPOR,4R Y STA Y OF FORCLOSURE ". YOUHAVETHERIGHT TO FILEAHEMAPAPP la^4TIONEV NBEYOND THCF TIME PE IOD£ALATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALL YAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http://www.ago. state.co.us/caddcadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L/78G FAILOR, VINCENT Loan No.: 1453453 Page 4 July 20, 2009 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 aDDlication. 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. you nave mea uankruptcy you can HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date.l NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1194 MYERSTOWN RD GARDNERS, PA 173249040 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Past Due Installments: Principal Interest Escrow Installment Other Open Charges: Late Charges Escrow Advance Interes Property Inspections Valuations Prior Servicer Charge $0.00 0.00 0.00 0.00 Totals $760.72 5,085.20 1,292.82 $7,138.74 WCC Charges $492.64 $492.64 71.45 71.45 44.00 44.00 260.00 260.00 $868.09 Less Suspense (Balance) $252.60 (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http://www.ago.state.co.us/cadc/cadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L178G FAILOR, VINCENT Loan No.: 1453453 Page 5 July 20, 2009 TOTAL $7,754.23 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,754.23, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: Wilshire Credit Corporation P.O. Box 7195 Pasadena, CA 91109-7195 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise it rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE I FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $ 50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to 11ay attorne ' fee 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 ALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender, and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S ALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately eight (8) 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 (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http://www.ago.state.co.us/cadc/cadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L 178G FAILOR, VINCENT Loan No.: 1453453 Page 6 July 20, 2009 the required payment or action will be by contacting the lender/servicer. HOW TO CONTACT THE L END RISFRVIC'FR• Name of Lender/Servicer: Address: Phone Number: Fax Number: Contact Person(s): E-Mail Address: Wilshire Credit Corporation P.O. Box 8517 Portland, OR 97207-8517 888.917.1050 503.946.3848 Holli Jennings or David Solomon loanworkoutgeneral@wcc.m Isom EFFECT OF SHERIFF' SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORT A E - You _ may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION (Continued) YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http://www.ago.state.co.us/cadc/cadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L! 78G FAILOR, VINCENT Loan No.: 1453453 Page 7 July 20, 2009 BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Enclosed is a list of Consumer Credit Counseling Agencies serving your county. Sincerely, Wilshire Credit Corporation Enclosures: PHFA list of HEMAP-approved agencies,How to Avoid Foreclosure YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http://www.ago.state.co.uskadc/cadcmain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L/78G W Wilshire United States Department of Housing and Urban Development Servicemembers Civil Relief Act Notice Legal Rights and Protections Under the SCRA Servicemembers on "active duty" or "active service," or a dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 U.S.C App. 501, et seq.) (SCRA). Who May Be Entitled to Legal Protections Under the SCRA? • Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and active service National Guard; • Active Servicemembers of the commissioned corps of the National and Atmospheric Administration; • Active servicemembers of the commissioned corps of the Public Health Service; • United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action; and • Dependants of the above (e.g., spouse or children). What Legal Protections Are Servicemembers Entitled to Under the SCRA? The SCRA states that a debt incurred by a servicemember, or spouse jointly, prior to entering military service shall not bear interest at a rate above 6 percent during the period of military service. The SCRA states that in a legal action to enforce a debt against real estate that is filed during, or within 90 days after the servicemember's military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within 90 days, after the servicemember's military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate. How Does a Servicemember or Dependent Request Relief Under the CRA? • A servicemember or dependent, or both, may request relief under the SCRA by providing the lender/servicer a written notice with a copy of the servicemember's military orders. Wilshire Credit Corporation P.O. Box 8517 Portland, OR 97207-8517 How Does a Servicemember or Dependent Obtain Information About the CRA? • The U.S. Department of Defense's information resource is "Military One Source." Web site: <http://www.militaaonesource.com>. The toll-free telephone numbers for Military One Source are: From the United States: 1-800-342-9647. From outside the United States (with applicable access code): 800-342-9647-7. International Collect: 1484- 530-5908. • Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for each branch of the armed forces is available at: <http://Iegalassistance.law.af.mil/content/locator.Vhp>. YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE http://www.ago.state.co.us/cadc/cademain.cfm. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. Wilshire's office hours are Monday - Friday 6:00 am to 5:00 pm Pacific time, holidays excluded. L178G 0 OF TF P ,C` u, '_'Nl( fARY 2009 C? l' -9 Pik 12: 19 'Y * qg . S c) Are ATrf C,K,'* 50p53$ ?''1? a.3t to`l a Sheriff s Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ~~;,,,;~ nt~um~rr~r~~~ ~~ E ;P x G _;:,~~ ,, !~~..~ _ ~r - . ~, ",+ t US Bank National Association vs. Vincent Scott Failor Case Number 2009-6750 SHERIFF'S RETURN OF SERVICE 10/20/2009 08:53 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 20, 2009 at 2053 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Debra L. Failor, by making known unto Vincent Scott Failor, husband of defendant at 1194 Myerstown Road Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. 10/20/2009 08:53 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 20, 2009 at 2053 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Vincent Scott Failor, by making known unto himself personally, at 1194 Myerstown Road Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.90 October 21, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF ~, ~~~ Deputy S eriff U.S. BANK NATIONAL ASSOCIATION,: IN THE COURT OF COMMON PLEAS OF AS TRUSTEE FOR THE SPECIALTY :CUMBERLAND COUNTY, PENNSYLVANIA UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES N0.2009 - 6750, CIVIL TERM SERIES 2006-BC1, . Plaintiff, CIVIL ACTION -MORTGAGE v. :FORECLOSURE DEBRA L. FAILOR and VINCENT SCOTT FAILOR a/k/a VINCE SCOTT FAILOR, Defendants. JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment maybe entered against you. IRWIN & McK1VIGHT, P.C. Dolr~las ~. Mille"r, L'squire Supreme ourt I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendants, Debra L. and Vincent S. Failor Date: November 30, 2009 U.S. BANK NATIONAL ASSOCIATION,: IN THE COURT OF COMMON PLEAS OF AS TRUSTEE FOR THE SPECIALTY :CUMBERLAND COUNTY, PENNSYLVANIA UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES N0.2009 - 6750, CIVIL TERM SERIES 2006-BC1, . Plaintiff, CIVIL ACTION -MORTGAGE v. :FORECLOSURE DEBRA L. FAILOR and VINCENT SCOTT FAILOR a/k/a VINCE SCOTT FAILOR, Defendants. JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW this 30TH day of November, 2009, come the Defendants, DEBRA L. FAILOR and VINCENT S. FAILOR, by and through their attorneys, Irwin & McKnight, P.C., and respectfully file this Answer with New Matter to the Plaintiffs Complaint, and in support thereof aver as follows: 1. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph one (1) of the Plaintiff's Complaint so they are therefore specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendants have never heard of Plaintiff and to the best of their knowledge and belief were never previously contacted by Plaintiff. 2. The averments of fact contained in paragraph two (2) are admitted. 3. The averments of fact contained in paragraph three (3) are admitted in part and denied in part. It is admitted that the signatures of Defendants appear on a mortgage document recorded in the Office of Recorder of Deeds in Book 1926, Page 115. Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in 2 the remaining averments in paragraph three (3), including the alleged assignment of mortgage to Plaintiff, so they are specifically denied and strict proof thereof is demanded at trial. 4. The legal description attached to Plaintiffls Complaint and referenced in paragraph four (4) speaks for itself and therefore no response is required. By way of further answer, any discrepancy between the document attached as Exhibit "A" and the Defendants' Deed recorded of record in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania is specifically denied and strict proof thereof is demanded at trial. 5. The averments contained in paragraph five (5) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, the Defendants have made payments on their mortgage obligation since April 15, 2009. 6. The averments contained in paragraph six (6) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, the Defendants have made payments on their mortgage obligation since April 15, 2009. Furthermore, the Plaintiff includes an abnormally large escrow advance when Defendants' monthly payments since 2005 included tax and insurance obligations, unsubstantiated costs of suit and title search, an unidentified charge for "BPO's", and an unidentified charge for "Interest-Escrow Advance." 7. The averments contained in paragraph seven (7) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 8. The averments contained in paragraph eight (8) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 9. The averments contained in paragraph nine (9) are denied as stated. After Defendant Vincent S. Failor was laid off and Defendant Debra L. Failor was not being paid as a state employee as a result of a budget impasse, the Defendants secured the services of a company 3 known as American Mortgage Modification Association as a result of its promises to enroll Defendants in government forbearance programs and modify the existing mortgage obligations. It is admitted that Defendants received the notices attached as Exhibit "B," and further admitted that on the advice of representatives from American Mortgage Modification did not participate in any consumer credit counseling meetings. The remaining averments in paragraph nine (9) are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendants respectfully request that this Honorable Court enter a judgment in their favor and against Plaintiff in this matter, or against that Additional Defendant that they seek to include in this matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. NEW MATTER 10. The averments of fact contained in the Answers to the Complaint are hereby incorporated by reference and are made part of this New Matter to the Complaint of the Plaintiff. 11. Defendants' original mortgage lender was Wilmington Finance, a division of AIG Federal Savings Bank. 12. After the signing of the original mortgage, all subsequent contact that Defendants received with regard to their current mortgage obligation has been with a company known as Wilshire Credit Corporation. 13. The notices that were sent to Defendants with regard to their mortgage obligation were sent on behalf of Wilshire Credit Corporation. 4 14. All recent contact that Defendants have had with regard to their mortgage obligation has been with representatives of Wilshire Credit Corporation. 15. Upon information and belief, Defendants have never received any notice or correspondence transferring their mortgage obligations to Plaintiff. 16. Upon information and belief, Defendants have never received any notice or correspondence transferring any interest in the associated mortgage note to Plaintiff. 17. After reasonable investigation, Defendants are unaware of the nature or identity of Plaintiff or its alleged interest in their mortgage or mortgage note. 18. Defendant Vincent S. Failor was laid off from his employment in November 2008, and his unemployment compensation was delayed. 19. Defendants initially continued to make payments on their mortgage obligations, but then Defendant Debra S. Failor was not being paid as a result of a budget impasse involving the Commonwealth of Pennsylvania. 20. Mrs. Failor is employed by Department of Environmental Protection, and during the summer of 2009 she experienced delays in receiving her paychecks until a budget was finally passed by the legislature and signed by the governor. A true and correct copy of a letter of explanation for Mrs. Failor dated July 17, 2009 from the Pennsylvania Department of Environmental Protection is attached hereto and incorporated herein as Exhibit "A." 5 21. When Defendants were struggling to make their financial obligations, they were contacted by a company known as American Mortgage Modification Association (hereinafter referred to as "AMMA"). 22. AMMA made representations to Defendants that they were experts in obtaining modifications of existing mortgages and securing the enrollment of property owners in government sponsored forbearance programs. 23. On the basis of the representations of employees and agents of AMMA, Defendants paid the company a total of $1,800.00 to engage their services. 24. On or about June 8, 2009, Defendants received an email from AMMA confirming that they were "approved" for its mortgage modification program. A true and correct copy of the email from AMMA dated June 8, 2009 is attached hereto and incorporated herein as Exhibit "B." 25. On or about June 30, 2009, Defendants received an email from AMMA welcoming them to the program and assigning them a "processor" to assist in the mortgage modification process. A true and correct copy of the email from AMMA dated June 30, 2009 is attached hereto and incorporated herein as Exhibit "C." 26. Per the instructions of the employees and agents of AMMA, Defendants stopped making any payments to Wilshire Credit Corporation. 27. Per the instruction of the employees and agents of AMMA, Defendants authorized AMMA to handle all contact with Wilshire Credit Corporation and negotiations with regard to the modification of the existing mortgage. 6 28. Per the instructions of the employees and agents of AMMA, Defendants completed their "Enrollment Package" with AMMA and provided all requested documentation, including but not limited to a hardship letter of explanation, copies of paystubs, drivers' licenses, and W-2 forms. 29. On or about July 23, 2009, Defendants received an email from AMMA explaining the types of loan modifications that it could obtain and assuring Defendants that it was in contact with Wilshire Credit Corporation. A true and correct copy of the email from AMMA dated Jully 23, 2009 is attached hereto and incorporated herein as Exhibit "D." 30. Defendants contacted AMMA on multiple occasions requesting updates on the progress of their loan modification. 31. The agents and representatives of AMMA repeatedly assured Defendants not to be concerned about continued telephone calls from the collection department of Wilshire Credit Corporation. 32. The agents and representatives of AMMA also assured Defendants that AMMA was continuing to negotiate with their mortgage lender and should not be concerned about either collection letters or the Act 91 notices sent to Defendants. 33. The agents and representatives of AMMA also instructed Defendants not to make any payments on their mortgage obligation on the asserted basis that it would delay the negotiations to modify the mortgage obligations. 34. Defendants promptly sent copies of the notices they received from Wilshire Credit Corporation to the agents and representatives of AMMA. 7 35. As a direct result of the actions and advice from AMMA, Defendants did not contact a consumer credit counseling agency or otherwise seek either legal counsel or assistance from Wilshire Credit Corporation in order to protect their interests in their property. 36. Upon information and belief, AMMA in fact only sent one (1) letter of representation to Wilshire Credit Corporation, and did not undertake any further efforts to negotiate a loan modification with Wilshire or to obtain enrollment of the Defendants in any other governmental loan assistance program. 37. Defendants repeatedly requested updates and contact from AMMA with regard to the progress of its efforts on behalf of the Defendants. 38. The requests of the Defendants eventually simply went unanswered, and after service of the Complaint in the instant matter, Defendants secured the representation of legal counsel. 39. The actions by AMMA are perhaps fraudulent and certainly constitute a material breach of their promises and representations to Defendants, which breach has caused and continues to cause the Defendants harm, including but not limited to a significant reduction in their credit score, the instant litigation, and the loss of monies paid by Defendants to AMMA. 40. As a result of the above, all or some of Plaintiffls claimed damages are attributable to persons and/or causes other than Defendants. 8 41. If Plaintiff establishes that it suffered injuries and damages as alleged in its Complaint, said injuries and damages were caused solely by the actions of AMMA, as more fully outlined above. 42. As a result of the aforesaid actions and/or omissions, AMMA is solely liable to Plaintiff for any alleged damages it may be suffering. 43. If as a result of the matters alleged in Plaintiff s Complaint, Defendants are held liable to Plaintiff for all or part of such alleged damages, AMMA is the party primarily liable for such injuries and damages, and are liable over to Defendants by way of contribution or indemnification, for all such damages as may be required to pay to Plaintiff. 44. In the alternative, if as a result of the matters alleged in Plaintiffs Complaint, Defendants are held liable to Plaintiff for all or part of such alleged damages, AMMA is jointly and/or severally liable to Plaintiff based upon the foregoing allegations for such damages, and liable over to Defendants by way of contribution. 45. Defendants have made payments on their mortgage obligation since April 15, 2009, the date asserted in Plaintiff's Complaint. 46. Plaintiff asserts a claim for an escrow advance of $8,887.52, even though the Defendant's mortgage payments obligations are only a few months in arrears and their monthly payments included funds for taxes and insurance with regard to the subject property. 47. Plaintiff further asserts unsubstantiated costs of suit and title search in the amount of $900.00. 9 48. Plaintiff further asserts unidentified "BPO" expenses of $260.00, and additional an "Interest-Escrow Advance" of $114.89. 49. Plaintiffs claims may also be barred and/or limited by Plaintiffs failure to mitigate or to properly mitigate its damages. 50. Plaintiffs Complaint fails to state claims or causes of action upon which relief can be granted. WHEREFORE, Defendants respectfully requests this Honorable Court to enter a judgment in their favor and against Plaintiff in this matter, or against that Additional Defendant that they seeks to include in this matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. Respectfully Submitted, IRWIN & McKNIGHT, P.C. By: Douglas Miller, Esquire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendants, Dated: November 30, 2009 Debra L. and Vincent S. Failor 10 VERIFICATION The foregoing document is based upon information which has been gathered by our counsel and ourselves in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. D BRA L. FA LOR VINCENT S OTT FAILOR Date: November 27, 2009 EXHIBIT "A" Secretary - Pennsylvania Department of Pnvironmenta! Protection '~~~ Rachel Carson State Office Building P.O. Box 20b3 Harrisburg, PA 17105-2063 July i 7, 2009 To Whom It May Concern: 717-787-2814 As you are likely aware, commonwealth employees are continuing to work though a budget was not signed before the July 1 deadline. However, employees paid from any fonds that are part of the executive budget process will experience delays in receiving pay until after a budget is signed. Many financial institutions and local businesses have displayed immense flexibility and generosity toward employees who are affected through accommodations such as alternative payment arrangements, extension of credit, and postponement of payment due dates. The purpose of this document is to verify the impact of the impasse on the pay of the employee listed below should you require specific verification in order to demonstrate similar flexibility. Name: Debra Failor Fosition: Executive Assistant Employing Agency: Department of Environmental Protection Home Address: 1194 Myerstown Road Gardners, PA 17324 The above specified employee is compensated through funds appropriated by the General Assembly. The employee will continue to work during an impasse but will not be paid for hours worked after June 30 until a budget is signed. While this correspondence creates no obligation on the part of you or your business, we appreciate any flexibility you can provide to affected employees during the impasse. Sincerely, John Hanger Secretary An Equal Opportunity Employer WWW.dep.Stat@.pa.US Printed on Recycled Yaper~ EXHIBIT "B" ----- Forwarded Message ----- From: info@amma-help.org To: failor1194@comcast.net Sent: Monday, June 8, 2009 7:41:07 PM GMT -05:00 US/Canada Eastern Subject: Congratulations on being approved for the American Mortgage Modification Association's modification program AN'IERICAN MC~RTGA~E III'IC~DI FICAT1C~N ,ASC)CIJ~TIC~N Dear VINCENT, Congratulations on being approved for the American Mortgage Modification Association's modification program. Over the next days and weeks, you will begin receiving a-mails and updates on how your file is progressing with your lender. As your Enrollment Agent explained to you, the average duration of a case your type is approximately 8-12 weeks. Once your case has been submitted to your lender you will be contacted with information concerning how you can log on to our processing system and check the progress of your case in real time. Since many lenders are extraordinarily backlogged with these types of requests it is imperative that the information packet that you return to us is both accurate and complete. Please do not leave any sections blank. If you are unsure of what information goes where, please contact your Enrollment Agent at once, DO NOT GUESS FOR YOURSELF. Lenders and Banks are very particular about the order and completeness of these requests. If it is done incorrectly or incompletely the lender or bank may very well put your request to the "bottom of the pile", and it will take much longer. Due to the nature and timeliness of these requests; you may not hear from your Enrollment Agent for a few days or a week at a time. Please understand that our automated client software will alert us, and you, as soon as any activity has occurred on your case. Please complete the attached document package and return to us as soon as you can. The faster we are able to enter you into the system, the better chance you have of being approved quickly! Thank you; The American Mortgage Modification Association. EXHIBIT "C" ----- Forwarded Message ----- From: "Dana Ashton" <dashton@amma-help.org> To: failor1194@comcast.net Sent: Tuesday, June 30, 2009 11:38:41 AM GMT -05:00 US/Canada Eastern Subject: Welcome to the Modification Program Good Day, Per our conversation, your Processor is Leslie Miller and her assistant is Melissa Lorenzo and they can be reached between the hours of 1 and 5pm EST at (877) 519-6575, ext. 129. You may also email Leslie at lmiller@amma-help.or~ or Melissa at Melissa.Lorenzo@amma-help.org. The form that we need faxed back to us first is the Enrollment Package. The fax number is (202) 330-5368. Thank you again and welcome to the program. Dana Ashton Senior Loan Modification Consultant American Mortgage Modification Association/Alliance Mortgage 11447 Cronhill Drive Owings Mills, MD 21117 Phone: 1-877-677-3545 Ext. 143 Dashton@amma-help.or~ www.amma-help.org I've le<u-ned that people will forget what: you said, people will forget what you did, but. people will never forget how you made them feel. Maya Angelou EXHIBIT "D" ----- Forwarded Message ----- From: info@amma-help.org To: failor1194@comcast.net Sent: Thursday, July 23, 2009 8:42:43 PM GMT -05:00 US/Canada Eastern Subject: Processing Update VINCENT FAILOR RE: Modification Case #: AMM179413 We are experiencing higher than normal call volume. Your case is important to us. am sure you are anxious to get your modification completed and start a new chapter in your life. We are working diligently in concert with your lender to expedite this process as best we can. Unfortunately the lenders are inundated with similar requests from thousands of people who need help as well. While it is easier said than done, please be patient as this process can take a few months from start to finish. That's the bad news. The good news is that you have one of the premier modification companies on your side. With our dedicated staff of processors and negotiators, we are committed to providing you with the best possible chance of achieving your goals within your modification. Remember, there are many possible terms that can be modified, with some or all applicable to your specific situation. These include: changing your mortgage from an adjustable to a fixed rate; increasing the term of your loan (ie. going from a 30 year loan to a 40 year loan); lowering the interest rate for a set number of months or years; lowering the interest rate permanently; whipping away late fees; putting late payments on the back of your loan (which brings you current); decreasing the principal balance of your loan; negotiating a short sale (this is where your lender agrees to take less than what is owed when your house is sold). Once we receive an offer from your lender, we will discuss such offer with you and usually go back to the lender for better terms. We at AMMA won't stop until you accept an offer or the lender refuses to go any farther. We are staffing up to deal with the volume. Currently we are on a 24 - 48 hour turn time to return most calls. For the quickest line of communication please use a-mail. John Hoxsev A,I~IERI~AN MC3RT~A-~E N'IC~DIFI~~TIC~I~ A~~~IATIC]N (P)877.519.6575 help.org l (F) 2 0 2. 3 3 0. 5 7 2 8 ~ jhoxsey@amma- CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below both by facsimile and by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Michael T. McKeever, Esquire Goldbeck McCafferty & McKeever Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 (Attorney for Plaintiff) Date: November 30, 2009 IRWIN & McKNIGHT, P.C. ~~ ~ 4 Dou s G. filler, Esquire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendants F" i=''_~ _ ,~_ .. LU~rt ~~t: ~~~.~U Sr`''i iL~ w ~~ C i„ ~ ~'1~ GOLDBECK McCAFFERTY & McKEEVER BY: Kristina G. Murtha Attorney I.D. #61858 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2006-BC 1 14523 SW Millikan Way Suite 200 ;Beaverton, OR 97005 Plaintiff vs. DEBRA L. FAILOR VINCENT SCOTT FAILOR a/k/a VINCE SCOTT FAILOR Mortgagors and Record owners 1194 Myerstown Road Gardners, PA 17324 Defendants ATTORN19Y FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 09-6750 TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended without your costs only. _7D .. judice upon payment of y GOLDBECK MC Aft RTY & MCKEEVER Kristina Murtha fa. I 61858 Attorneys for Plaintiff