HomeMy WebLinkAbout09-7301LAW OFFICES OF GREGORY JAVARDIAN
BY: GREGORY .IAVARDIAN
ID4 55669
1310 INDUSTRIAL BOULEVARD
I" FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690 ATTORNEY FOR PLAINTIFF
I?MC MORTGAGE CORPORATION, COURT OF COMMON PLEAS
ATTORNEY-IN-FACT FOR BANK OF
AMERICA, N.A. AS, S/B/M TO LASALLE CIVIL DIVISION
13ANK NATIONAL ASSOCIATION
("ASSIGNEE"), F/K/A LASALLE CUMBERLAND COUNTY
NATIONAL BANK, IN ITS CAPACITY AS
INDENTURE, TRUSTEE UNDER THAT
CERTAIN SALE AND SERVICING
NO. 69 - 7301 01.it
AGREEMENT DATED SEPTEMBER 1, 1999
AMONG AFC TRUST SERIES 1999-3, AS COMPLAINT IN
ISSUER, SUPERIOR BANK FSB, AS MORTGAGE FORECLOSURE
SELLER AND SERVICER, AND LASALLE
BANK NATIONAL ASSOCIATION, AS
INDENTURE, TRUSTEE, AFC MORTGAGE
LOAN ASSET BACKED NOTES, SERIES
1999-3 AND ANY AMENDMENTS
THERETO
800 STATE HIGHWAY 121 BYPASS
LEWISVILLE, TX 75067-4180
PLAINTIFF
VS.
GARY SHIMMEL,
/K/A GARY L. SHIMMEL.
PIGGY SHIMMEL,
A/K/A PEGGY K. SHIMMEL,
A/K/A MARGARET K. SHIMMEL
6611 CARLISLE PIKE
MECHANICSBURG, PA 17050
THE UNITED STATES OF AMERICA
10"" AND CONSTITUTION AVENUE
WASHINGTON, DC 20530
DEFENDANTS
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 this Complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court your defense or objections to the claims
set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment
may be entered against you by the Court without further notice for any money claimed in the complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE; CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
800-990-9108
F THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED
I,HAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF
DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH
WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE
VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS
OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD
FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT.
EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE
FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF
THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A
JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED
THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF 'THE DEBT OR THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS
UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS
('T'HROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL TILE
REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE
CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT.
LAW OFFICES OF GREGORY JAVARDIAN
BY: GREGORY JAVARDIAN
ID# 55669
1310 INDUSTRIAL BOULEVARD
I" FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
ATTORNEY FOR PLAINTIFF
EMC MORTGAGE CORPORATION,
ATTORNEY-IN-FACT FOR BANK OF
AMERICA, N.A. AS, S/B/M TO LASALLE
BANK NATIONAL ASSOCIATION
("ASSIGNEE"), F/K/A LASALL,E
NATIONAL BANK, IN ITS CAPACITY AS
INDENTURE TRUSTEE UNDER THAT
CERTAIN SALE AND SERVICING
AGREEMENTDATED SEPTEMBER 1, 1999
AMONG AFC TRUST SERIES 1999-3, AS
ISSUER, SUPERIOR BANK FSB, AS
SELLER AND SERVICER, AND LASALLE
BANK NATIONAL ASSOCIATION, AS
INDENTURE TRUSTEE, AFC MORTGAGE
LOAN ASSET BACKED NOTES, SERIES
1999-3 AND ANY AMENDMENTS
THERETO
800 STATE HIGHWAY 121 BYPASS
LEWISVILLE, TX 75067-4180
PLAINTIFF
VS.
GARY SHIMMEL,
A/K/A GARY L. SHIMMEL
PEGGY SHIMMEL,
A/ K/A PEGGY K. SHIMMEL,
A/K/A MARGARET K. SHIMMEL
6611 CARLISLE PIKE
MECHANICSBURG, PA 17050
THE UNITED STATES OF AMERICA
10TH AND CONSTITUTION AVENUE
WASHINGTON, DC 20530
DEFENDANTS
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO. 0g- 7301 C .-j -rte
COMPLAINT IN
MORTGAGE FORECLOSURE
CIVIL ACTION MORTGAGE FORECLOSURE
EMC Mortgage Corporation, Attorney-in-fact for Bank of America, N.A. as, s/b/m to LaSalle Bank
National Association ("Assignee"), f/k/a LaSalle National Bank, in its capacity as indenture trustee
under that certain Sale and Servicing Agreement dated September 1, 1999 among AFC Trust Series
1999-3, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association,
as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-3 and any amendments
thereto (hereinafter referred to as "Plaintiff') is an institution conducting business under the Laws of
the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the
caption hereof.
_ 2
4
5
6
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Gary Shimmel, a/k/a Gary L. Shimmel and Peggy Shimmel, a/k/a Peggy K. Shimmel, a/k/a Margaret
K. Shimmel (hereinafter referred to as "Defendants") are adult individuals residing at the address
indicated in the caption hereof.
Plaintiff brings this action to foreclose on the mortgage between the Defendants and itself as
Mortgagee by Assignment. The Mortgage, dated September 13, 1999, was recorded on
October 5, 1999 in the Office of the Recorder of Deeds in Cumberland County in Mortgage
Book 1574, Page 1118. Plaintiff is the Mortgagee by Assignment by virtue of an Assignment of
Mortgage recorded on August 20, 2007 in the Office of Recorder of Deeds in Cumberland County at
Instrument Number 200732500. A copy of the Mortgage is attached and made a part hereof as
Exhibit W.
The Mortgage secures the indebtedness of a Note executed by the Defendants on September 13, 1999
in the original principal amount of $94,500.00 payable to Plaintiff in monthly installments with an
interest rate of 10.40%. A copy of the Note is attached and made a part hereof as Exhibit `B'.
The land subject to the mortgage is 6611 Carlisle Pike, Mechanicsburg, PA 17050. A copy of the
Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein.
The Defendants are the Record Owners of the mortgaged property located at
6611 Carlisle Pike, Mechanicsburg, PA 17050.
The Mortgage is now in default due to the failure of the Defendants to make payments as they become
due and owing. As a result of the default, the following amounts are due:
Principal Balance $96,155.40
Interest to 10/6/2009 $2,567.87
Escrow Advance $452.14
Accumulated late Charges $81.28
Accumulated NSF Charges $60.00
Recoverable Balance $377.89
Cost of Suit and Title Search $1,400.00
Attorney's Fees $1,300.00
TOTAL $102,394.58
8
plus interest from 10/7/2009 at $22.13 per day, costs of suit and attorney's fees.
The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania
Law, and will be collected in the event of a third party purchase at Sheriff's sale. If the Mortgage is
reinstated prior to the Sale, reasonable attorney's fees will be charged.
9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a
defaulting mortgagor with a Notice of Intention to Foreclose ("Act 6 Notice") 41 P.S. Section 403 and
Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section
1680.403c.
10. The Notice of Intention to Foreclose and Notice of Homeowners' Emergency Mortgage Assistance
were required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing
Finance Agency to the Defendants by regular and certified mail on August 20, 2009. A copy of the
Notice is attached and made a part hereof as Exhibit `C'.
11. The United States of America is named as a party pursuant to 28 U.S.C. Section 2410 because the
United States of America holds a Federal IRS Tax Liens filed against the Defendants on
December 8, 2004 (No.: FTL2004-06142) in the amount of $13,161.81 and on September 17, 2008
(No.: FTL2008-5512) in the amount of $22,953.70 A copy of the Federal Tax Liens are attached and
made a part hereof as Exhibit `D'.
WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of
the mortgaged property in Plaintiffs favor and against the Defendants, in the sum of $102,394.58
together with the interest from 10/7/2009 at $22.13 per day, costs of suit and attorney's fees.
Law Offices of Gregory Javardian
BY:
ory r an
2o
rney I o. 55669
Attorney f2 Plaintiff
EXHIBIT `A'
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0ou Robert PdBE?RLANDPE?1fYSYLViNpA 39
1?` OefNtr S+at the do hereby
and
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3G8e3 aERr P. z?ECC£R
fad RECORDER OF DEEDS
CUMBERLAND COUNTY-PA
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ORIGINAL
16140 Atpv.'r6i U" tIr ftmag Dowi
Premed by: TAMI HAVENS ACCOtW#; 0802336107
MORTGAGE
THIS MORTGAGE (°Saomity Ioshumcr W) Is Siva: on SEPTERBER 13. 1999. The mortgagor
is
GASY SR1101E1, AND PEGGY SHINKEL
j.
This Security instruraeat)a giver to (Morrower"
Alliance •Ptt+ldir4t, a Division of Superior Sank FSii
wbiab is organized and existing ordorthe laws of The United States , and whose address is
One Ramland Road. Orangaburs, Now York 10962
(*Lmidee). Bonowarowes leader1haprloclpalsumof
NINETY-FOUR THOUSAND FIVR HUNDREA AND 00/100 Dollars
(U.&S 94,500.00 ). TblidebtbevWcnoedby$crr~snotedated thcsamodatoasthis Saco*
InsftwantCNotah,whWA movldes1brmonthlypgnmt;withthe&Hdebt,Ifrtotpaid earlier, duemWpsyabk
on SEPTEtRM 17, 2014 . Thbt Saxsity Imhvmatrt soma to Larder; (a) the tepaymad of the debt
evidenced bytlte Mom. with kurw4 sad a# ratewals, extaniorrawA mods a oftbo Mete• (b) the Mmar t
ofall othRSUltm, wiW iaoereu, advanced oaderparagtaphT m proteotttu saaslty ofthii Seaaity [nstromart; and
(a)che porfarraaneeofSotrowa'soovemgrtaandagtan?suadarMtie3eoarltyiustntmeattandthslQote.Fordds
Purpose. Honvwer does hereby mottgage, V= to Larder the fo)b wb* described property located
irt o", Pennsylvania:
V If this box is checked sea Schedule A annexed hereto and made a part hereof
which has the addrest of 6611 CARLISLE PIRS
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MHC1iANZCSEURG , Pennsylvania 17055 ("Property Address"),
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TOOF,T HER WITH all the improvements now or hereaffa erocted on the property, and all easements,
appuatenanca, and ffxhues now or beaalier a part of the property. All replseaneras and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Seemir Ittstnanant as the
.prosy,"
BORROWER COVENANTS that BorrowerB I"AUlly seised of the estate hereby conveyed and haft
right to mortgage, grant ad convey the Property and Chat the Property is uneocumbsred, except for encumbrances
of record Borrower warrants and will dd'and generally the title to the Property against all claims and demands,
subject to any as ural - ces of mcced.
THIS S•ECURrrY INSTRUMENT combines uniform covenants for national use and non-uniform
covenantswith limitadvatiationsbyjwbdictiontoconodtuteauniformseturltylnstrumarteoveringralproperty.
UNIFORM COVENANTS. Borrower and Leader covenats and ogre as follows:
1. Payment of Ptiacipai and Lterot; Prepayment and Late Charges. Borrower" promptly pay
when dueths ncipat ofand bdaeston the debt evidenced by theNote and anyprepayman and Inc charges due
under the Notes
L Finds Ibr Tara and lannuse s. Subjecttoapplicable law or to & written waiver by Leader, Borrower
shall pay to Leader on the day monthly paymans are due under the Nola, until the Note is paid in full, a sum
("Funds') for. (a) yearly taxer and assaamatns which may attain priority over this Security Instrument as a lien
an the Property; (b) yearly hessehoid payments or ground rata an the Pioper% if mr, (o) yearly hazard or
pra" am=- prooduaK (d) yearly flood hsaunee premiums. if arty; (e) yearly mortgage insurance
pranttmm6 if say; mad (t)my am: pgWe by Boerowerto Lerida, in ancordanm with the provisions of
PwasmPh
8, in lieu of the payment ofmagM Insurance prasiums. Theta items am "Had "Eaemw Items." Lender may,
at any dme6 collect and bold Funds in an =want not to mead the maximum amount a lender for a federally
related mortgage Ira may requite for Borrowers escrow, aaccount under die federal Real Estate Settlement
Procedures Act of 1974 a amended from time to time, 12 U.S.C. Seetiat2601 at seq. ("RESPA"), unless another
law that applies to the Funds acts a laser amouit If so, Leader may, at any time, collect and hold Funds in an
amount not to exceed die law amourrL Len dermay edimate the asountofFunds dueondo be=ofarrentdata
and reasonable estimates of axpendinxea offitture Escrow Items or otherwise in accordance with applicable law.
The Funds shall be held in an bntitWm whose deposits are insured by a federal agency, inaeumtentality,
oremily(mcludingLeader, ifLaiderissuch anirotitutim)or inanyFederal HomeLamBak Ladershailapply
the Finds topaytlaEscrow Items. Lender maytrotchargeBorrower farholding andapplying theFunds, annually
analyzing the escrow account. or vefting Me Escrow Iemi%unbaLender pays Borrower Interest on the Funds
and applicable law permits Leader to make such a charge. However, Lender may require Borrower to pay a
on a4unc charge for an independent rat estate tax reporting service used by Lender in connection with this loan,
unless applicable law provides odwwise. Unless an agreement Is made or applicable law requires interest to be
paid, Lender shall trot be required to pay Borrower may Interest or earnings on the Fords. Borrower aced Lender
may agree in writing, however, that interest shall be paid an the Fun& Lender shall give to Borrower, without
charge, anatuanl accotmthtg of the Funds, showing eradits and debits to the Fun& and the purpose for which each
debit to the Funds was made. The Funds ate pledged as additional security for all sums secured by this Security
Instrument.
If the Fords held by Leader exceed the amounts permitted to be held by applicable law, Leader shall
account to Banower for the excess Funds In accordance with the requirements of applicable law. If the amount
ofthe Funds hold by Lenderal say thas is not sufficient to pay the Escrow items when due, Leader may so notify
Borrower in wtithS and, In such case Borrower shell pay to Lender the amount necessary to make up the
deficiency. Bormwer ahall maim up the deficiency in no more that twelve monthly payments, at Lender's sole
discretion.
LOAN ID: 0802336107
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PAW to the acquisition or sale ofthe Property, shall apply arty Funds held by Lender at the time of aoghdsWon or
sale as a credit against the sums seemed by this Security Instrument
3.Apok4d aofPayments.UntereappUwblelawpovkksothavise,sllpaymmttreceivedbyLender
utderpatagntpiu 1 and 2 *9 be appilak fink toanrprepayment chugadou dm9roNo*ground.toaaounts
payable underpentgraph 2; third, to Interest due, &wth, m pr ncipai due; and last, to any late due under
the Nola.
4. Chats Liens. Bonowershall pay all taxes, assessments, charges, fines and impositions attributable
to the Property which may attain priority over this Security Imbumeu, and lessdwld payments orgromd rants,
Warty. Borrower shall pay these obligations in the maemer provided in paragraph 2, or if not paid in that manner,
Borrower shall pay then on time directly to the person owed payn=L Borrower shall promptly furnish to Lander
all notices of amo urns to be paid ruder this paragraph. If Borrower makes these payments directly, Borrower shall
promptly fiardsh to Lender receipts evidencing the paymmtta.
Borrower shall promptly discharge any lion which his priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien In a manner acceptable to
Lender, (b) contents In good fa8h the limn by, or dcAmds against enforcement of the lion in, legal proceedings
which in the La dWs opinion operate to prevent the enforcertent oftbe Ran; or(c) secures from the hoiderofthe
lien an agreement sails6dory to Lender subordinating the Has to this Security instrument If Lender determines
that any part of the Property is subject to alien which may atWn pimhy over this Security Instraumeck Lender
may give Borrowera notice identiiftthe lien. Borrower shall satisfy the lien or take one or more ofthe actions
set forth above within 10 den of the giving of notice.
S. Hazard or Properly Issuraaee. Borrower shall keep the improve n r m now existing or hereafter
erected on the Property insured against loss byfire, lamrdsIncluded withintheteem "extended coverage" and any
other hazards, Including floods or flooding, for which Lender requires insurance. This insurance shall be
maintained in the amounts andforthe periods thatLerderrequireu. The insurance carrier providing the insurance
shall be chosen by Botrowersubject to Lender's approval which shall not be unreasonably withheld. IfBorrower
fails to maintain coverage described above. Linder may, at Landers option, obtain coverage to protect Lenide's .
rights in the Property in accordance with paragraph 7.
Ali insurance policies and renewals shall be aaapteble to Leader and shelf include a standard nwrtgsge
clause. Lander shall have the right to hold the policies and renewals Mender requires, Borrower shall promptly
give to Leader all receipts ofpsidpremiums andrenewalnotices.Intheeventofloss,Borrowershall gtvepon
notice to the insurance carrier and Lander. Lendw may make proof of loss ifnot made promptly by Borrower.
Unless LenderandBonowerotherwisoagree hn writing, hnswanceproceeds shall be appliedto restoration
or repair ofthe Property damaged, ifthe restoration orrepakrleeconomically feasible ardLando's security is not
lessened If the restoration or repair Is not economically feasible or Lenders security would be lessened, the
insurance proceeds shall be applied to theatm>ssecured bythis Security Instrument, whetherornotthendue,with
any excess paid to Borrower. IfBornow eraba dons the Property, or does not answer within 30 days anotice from
Lender that the insurance caner has offered to settle a claim, then Lander may collect the Insurance proceeds.
Lender may use tbe.peeeeds to repair or restore the Property orto, pay amens secured by this Security instrument,
whether or not then dire. The 30-day period will begin when the notice Is given.
Unless taider and Borrower otherwise agree in writing, any application of prods to principal shall
not extend or postpone the due date of the monthly payments retired to in paragraphs I and 2 or change the
amount of the payments. If render paragraph 21 the Property is acquired by Lender, Borrowers right to any
insurance policiesand proceeds resulting from damage todw Property prierto the acquisition shall pass to Lender
to the extent ofthe seams secured by this Security Instrument immediately prior to the acquisition.
IRAN ID: 0802336107
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• 6. Occupauey, Preservation, Maintmaace and Protection of the
APP li ation;Lftse mM&BormwersAsll wte Borrower Latta
occupyestablls4andesethePmparyassarmwp'sixiadpalres idam
within sixty days aft the execution of this Seemly Instrument and WWI CaMhme to occupy the property as
BormwWs principal residence for at kest are year after the dose ofoccupsney, wdess Lender otherwise agrees
inwritW&whkheoromttshellcotbetmmrmmabiywithheld,orunlmexwnu tingcirmngW eserdatwhichare
beyond Borrowx's control. Borrower shall not destroy, damage or impair tla Property, allow the property to
deterionde, or commit waste on the Property. Borrower shall be In debult if any forfelan action or proceeding,
whether civil or criminal. is begun that In Lenten': good lid6 judgment could result in for&km ofthe property,
or otherwise maeriallyhupairtheAmeroded bythiaSecurity laatrumakorLendahsecurity interest Borrower
may care such a default and mbnate, as provided in paragraph 18, by causing the action or proceeding to be
dismissed with a ruling that, in Leedefs good lift determination, lewhedes %rfefure ofthe Barowefs interest
in the Property or other material impairment ofthe lien crested by this Soctuhy Imtrnmmertt or Lenders security
interest. Borrower shall also be in dafauf if Bomowv, during the loan application process, gave materially fate
or inaccurate information or statements to Lander (or failed to provide Lender with any materiel informuim) in
connection with the loan evWmeed by the Notq inehuft but not limited to, representations concerning
Bomowe's occupancy of the Property as a principal residence. if this Security Instrument is on a leasehold
Borrower shell comply with all the pavisiwu of the lease. If Baruwer acquires fm tide to the Property, the
leasehold and the foe title shall not merge unless Lender agrees to the merge in wrfdag.
7. Protection of Leaders Rigbts is the Property. If Borrower fails to perform the covenants and
agreements contained in this Security loslramen4 or there is a legal proceeding that may significantly affect
Lender's rights in the Property(such asap meexdUng In Malouptey, probate, forcondemmtian orforfefuro orto
enforce laws or negulatioru), then Lender may do and pay for whatever is necessary to protect the value of the
Property and Le ader% rights in the Property. Lender's actions may include paying cry sums 3acered by a lien
which has priority over this Security Inmwttertt, appearing in conk Paying reasonable ertorneye fees and entering
on the Property to make repahx Although Leadermay, take action under this paragraph 7. Lender does not have
to do so.
Any amounts disbursed by Leader under this paragraph 7 shall become addi local debt of Borrower
secured bythis llearity Instrument. Unless Bonowerand Leader agreetootherterms ofpaymwl%these amounts
shall bear Interest from the date of dlsbu rsoment at the Note rate and shall be payable, with interest, upon notice
from Lender to Borrower nsgtasting payment
8. Mortgage Insurance. IfLeader requiredmortgage Insurance asacar4itionofmakingdalam secured
by this Security InsumnoM Borrower shall pay the premiums required to maintain the mortgage insurance in
effect. It for arty reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect,
Borrowershall pay the premiums required to obtain coverage subdentlaily equivalew to the mortgage insurance
previously inedfeet,stacostsubstantiallyegdvaleattothecoottoBorrowerofthemortgageinsurance previously
in effect, from an afemste mortgage I== approved by Leader. If subadmtWiy equivalw mortgage im ratce
coverage is not avoilabk, Borrower shall pay to Lender each month a arm equal to are-twen of the yearly
morlopinsuronce premitm<beingpaidbyBamowerwhentheinsuran ecovers®e4psedoreessediobeineffect.
Lender will accept, use and retain these payments as a loss reserve in Ike of tncrtgage hautaoce. Loss reserve
payments may w longer be required, at the option ofLende , ifmor4M insurance coverage (m do amount and
for the period that Lender requires) provided by an insurer approved by Leader again becomes av4ab10 and is
obtained. BotmwershalipayMepeoralum modalredtomaintain marlgageinsurance ineffect,ortoprovidesloss
reserve, until the requirement for mortgage insmance ends in accordance with my written agreement between
Borrower and Leader or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the property.
Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the
inspection.
10. Condemnation. 'Me proceeds of any award or claim for damages, direct or consaquendal, in
connection with any condemnation or other taxing of any part of the Property, or for conveyance in lieu of
condemnation. are hereby assigned and shall be paid to Lender.
LOAN ID: 0802336107
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in the event of a total taking of tho Property, the pooeeds shall be applied to tie sums secured by this
Security Inshueern;, whether or not then duk with my MCCUS pall to BWOWOr. In tie event Of a partial taking
of the Property in which the fair market value of the Property immediately before the taking Is equal to or greater
then the amour ofthe sums secured by this Security Instrument fmmedndely before tie taking, unless Borrower
and Larder otherwise ageo In uniting, the aims secured by this Security Instrument shell be reduced by the
amount oftheproceeds muldpliedbyOnfollowing i}action (a) do total amount of the sums secured immediately
before the taking, divided by (b) the Air morket value ofthe Property immediately befin the taking. Any balance
shall be paid to Borrower. In the evert of a partial tol ft of the Property In which the fair market valueof tle
PropertyxnmecbWybeforethetakingisk admhtheammdofthesomaswwWim mgatdybdomthetakkrg,
unless Borrower and Lender otherwise agree In writing or unless applicable law o6erwise providaa, the proceeds
shall be applied to the auras sacred by this Security Instrument whadw or not tie arena are then due.
ifthe Property is abandoned by Bormwe, or it after notice by Lender to Borrower that tie condemnor
offers to make an award or settle a cbd m for damages, Borrower bins to respotrd to Larder within 30 days after
the date the mice Is given, Later Is outliorized to collect and apply the proceeds, at its option, either to
restoration or nV* ofthe Property or to the sums secured bythis Security Instrument, whether or not than due.
Union Lender and Borrower otherwise agree in writing, any application ofpoeeeds to principal shall
not caend or postpone the due date of the monthly payments referred to in paragraphs t and 2 or change the
amount Of such payments.
11.30rrowerNotReleased; Forbearance ByLeader Nota Wairer..Fauahdonoftbethus forpsymew
or modification of amortization of the suns seared by this Security Instrument granted by Lender to any
successor in Interest of Borrower shall not operate to release the liability of the original Borrower or Borrowers
successors im Interest. Lender shall not be required to commerce proceedings against any supoaaor in Interest or
refuse to extend thus for payment or otlmwfse modify xnwdzg ion of the sums seamod by this Security
Instrument by reason of any demand made by the original Borrower or Bonmwet's successors in interest. Any
forbearance by Lender in roe ciahrg any right ornemedy shall not be a waiver ofor preclude the exercise ofany .
ngim or 12. Sucemors and Asdgms Band, Joint and Several Mabiltty; Co?isaas. The covaumts and
agreements ofthis Security inst ument shoM bird and benefit the successors and assignsofLender and Borrower,
subject to the provisions of paragraph 17. Bonowees covenants and agreemaNs spun be joint and several. Any
Borrower who co ggrs this Security Instrument but does not execute the Note: (a) is co-signing this Security
Instrument only to mortgage, gent and convey tint Borrowers interest in the Property under the terms of this
Security Instrument (b) is not personally obligated to pay the sums seared by this Security instrument; and (c)
agrees that Larder and any other Borrower may agree to er- 1, modify, fbrbas ormake any accommodation
with resod to the tams ofthis Security lrstrumert or the Woic without that Bor owees count
13. Loan Charges.Ifdteloan secured byftSecurity inshumentissubje"alawwhich ae mwdmum
loan charges, and that law is finally interpreted so that tie interest or other bra charges collected or to be collected
in connection with the loan exceed the pmWtted limits, then, (a) any such ban olmge shall be reduced by the
amount necessary to reduce the charge to the per mired limit; and (b) any sums already collected ham Borrower
which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by
reducing the principal owed under the Note or by snaking a direct payment to Borrower. If a refund induces
principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note.
LOAN ID: 0802336107
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14. Nadoes. AnyoodoetoBotrowerprovided form this Saermitylnahunnentsbali begivea bydd!mft
it or by mailing it by first elm mail tsilas applicable law requires use of another method. The notice shatl be
directed to the Property Address or any other address Borrower designates by node* to Lender. Any notice to
Lender shall be given by first date mail to Laodees address speed herein or any other address Lender designates
by notice to Borrower. Any notice provided for in this Security Irotrumwtt shall be deemed to have been given
to Borrower or Lender when given as provided In this paragraph.
15.GoverningLw,Severabitity This SenmityInstruments!"begovernedbyfederal lawandthelaw
of the jurisd ohm in which the Property is located. In the event that any provision or dame of this Security
InstrmmentortheNoteconflictwithapplicableiaw,suchcmfltctstallnotaffaaotherprovisionsofthisSe mrity
Instrument or the Note which can be given eSectwithout the conflicting provision. To this end the provisions of
this Smutty Instrument and the Now are dcdared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security
Instrument.
17. Transfer of the 1hvperty or a BeneficW Interest is Borrower. If all or any part of the Properly
or any interest in it Is sold-or transferred (orifabeneficial Interest in Borrower is sold ortnmafmad and Borrower
is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediste
payment in tall of alt sums segued by this Severity Instrument. However, this option shall not be eommised by
Lender if exercise is prohibited by federal law at ofthe dap of ft Security Instrument.
IfLendereserchesthisoptino, ImdersholigiveBomwernodecoface xdaraatiorLThenadeeshailprevide
a period of snot test than 30 days from the date the notice is delivered or mailed within which Borrower must pay
all sums seared by this Severity instnmtom If Borrower fails to pay these toms prior to the expiration of this
period, Lenderatay Invoke any remedies permitted by this Secxaity insuunm t without further notice or demand
on Borrower.
18. Borrower's Right to RefiLdste YBorrowermeets certain conditions, Borrowershdl have the right
to have enforcement of this Security Instrument discontinued at any time prior to the earlierof. (a) 3 days (or such
other period as applicable law may specify for reinstatement) before sale ofthe Property pursuant: to any power
ofsalo contained in this Security Instrument; or (b) entry ofa judgment enforcing this Security Instrument. Those
conditions are that Borrower: (a) pays Lender all scans which then would be due under this Security instrument
and the Note u• if no acceleration had occurred; (b) cures any de&uh of any ether covenants or agreements; (c)
. pays all expenses incuredinerdoreingthis Security Instrument, inetudiag,butnotlimited to,reasonable attorneys,
far, and (d) takes such action asLewkrmayreasonably require to assure dot the lienofthis Security instrument,
Lenders rights in the Property and Borrower's obligation to pay the sums secured bythisSecurityinsWmentshall
continue unchanged. Upon rei nstameentmt by Borrowe,this Security Ime4nment and the obligations secured hereby
shell remain fully effective as if no acceleration had occurred. Howave, this right to reinstate shalt not apply in
the sue of acceleration under paragraph 17.
29. So Isof Nole; Champ ofLoaa Servicer.MwNoas or ap utid interest iatheNote (together with this
Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a
change In the entity (known as the "Loan Servioco that collects mouddy payments due under the Note and this
Sorority Instrument. 77rere also may be one or mom changes ofthe Lam Sesvicer unrelated to asale ofthe Note.
Ifthere is a change ofthe Loan Service, Borrower will be given written notice ofthe change in accordance with
paragraph 14 slave and applicable law. The notice will app the tame and address ofthe nowLoan Servieerand
the address to which payments should be made. The notice will also contain any other information required by
applicable law.
20. Hazardous Sabstamces. Borrower shall not came or permit the presence, use, disposal, storage, or
release of cry Hazardous Substances on or it the Property. Borrower shall not do, nor allow anyone an to do,
anything affedhngthe Property that is in violation ofany Environmental Law. The preceding two sentences shall
not apply to the ptese=6 use, or storage an tie Property ofsmail quantider of Hazardous Substances that are
generally re¢co gsirad to be appropriate to normal residential uses and to maintenance of the Property.
IRAN ID: 0802336107
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Borrower shall promptly give Lender written notice of any invef ligation, claim, demanid, lawsuit or other
action by any garemmenlal or regubory agency or private party involving the property and any Hazardous
Subatanoe err Eavironmengl Lawofwhich Bonnwerhas actual knowledge. IfBorrower [cams, or is notified by
any governmental or regulatory authority. that any removal or other remediaton of any Hazardous Substance
affectingtheProperty Isnecessary, Bonowershall promptly UMallnecessarynuaedialscam inaccordancewith
FAtvironmental Law.
Asused in lhisperagraph20,"Hazardous Substances' arethosesubstences defined astcaicorhazvdous
substances by Environmental Law and the following substances: gasoitne, kerosene, other naamable or toxic
petroleum products, tome pesticides and herbicides, volatile solveoft materials containing asbestos or
formaldehyde, aadradionadvemataaials. As used In thispanrgtaph20, "Bnvhanmemal Law"meamfederd laws
and laws ofher jurisdiction where the Property Is loosted to relso to bealth, safety at eavironmduai pmkdkmL
NON UNQ'ORM COVENANTS. Borrower and Lender father ooveaurt and agree as foUowc
2L Acceleration; Remedles. Lender stall Ova motes to Borrower prior to aecderatiou foDowing
Borrower's brerch ofany covenanter agreement in Ibis Security lmtruesesrt(but notptiorto acceleration
wader paragraph 17 vale n applicable law provides otherwise} Lewder Aug notify Borrower of, among
other things; (a) the WWI; (b) So action required to care bedehulh (e)wbem thedefanlt stmt be eared;
and (d) tbat hilura to cure the ddiuit as specified easy renrk in ere , I tlon of the sums secured by this
Secn ltylmsirmsect,fordoarebyjndWalprocudingandaakoftbePropaty.Lemdwsbapkwtherinform
Borrower of the right to rdmstate after acceleration and the right to aseart In the Ibreci0eare proceeding
the moo-existence of a debult or any other defense of Borrower to acceleration and foreciosare. N the
default Is not cured as specified, Leader'st Its option may require immediate payment in fail of all sums
seemed by this Security lmbvmest without farther daasd sad way lbreckse this Security instrument
by judicial proceeding. Lander shall be enticed to collect all expenses iacarred In pursuing the remedies
provided In thin paragraph 21, hncluding, but not limited to, attormeys' fees and costs of title evidence to the
extamt permitted by applicable leer.
22.Rehuss. Upon payment ofall sums secured by this Security instrument this security Instrument and
the mtsk conveyed shall terminate and become void. After such occurrence, Lender shall discharge and sedsfy
this Security Instrument without charge to Borrower. Borrower shall pay my recordation costa.
23.Waives.Borrower;totbe-1, permitted byapplicable law, waives and Messesanyarorordefads
in proceedings to enforce this Security imtrumeM and hereby wolves the benefit of any present or future laws
providing for stay of execution, extension of time, exemption from sttardur=4 levy and ale, end homestead
exemption.
24.RetsstatemestPedod.Borrower'sdmetomb*Mep wAdedinpa sgraphlgsMUt%kadtoomho r
prior to the oanmaoanatt of bidding at a shkriMs sale or Over ask pursuant to this Security hmttuUM .
25.Pa ck-MonsyMw*ogalfanyoftbedehtn=WbytiwSaaait ln* m e ntisknttoBorrower
to acquire title to the property, this Security instrument shall be a purchase money mortgage.
26. Interest Rate After Judgment. Borrower agrees Oat the interest rate payable after a judgwmt is
entered on the Note or in an action ofmortgage foreclosure shall be the rata payable floor lime to time under the
Note.
27. Riders to this Seeartly Instrument. If one or more riders are executed by Borrower and recorded
togetherwhththis Security lnstrumank the covenants and agreements ofewl such ridershall be Incorporated into
and shall amend and supplement the covenents and agreements ofthhs Security instnument as ifthe rider(s) were
a part of this Security Instrument
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[Check appllcmble box(es))
? Adjustable Rate Rider ? Condominium Rider ? 14 Family Rider
? Gradttate:d Payment Rider ? Planned Unit Development Rider ? Biweelriy Payment Rider
? Balloon Rider ? Rate Improvement Rider ? Second Home Rider
? Other(e) [specify) ADDERDIDI(S)
BY SIGMNG BELOW, Borrower accepts and MXM to the terms and covenants contained in this
security I utpe?a and in any ride(s) executed by Borrower and T-, wkh iL
Vrtne-.
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Borrower Borrower
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COMMONWEALTH OFPENNSYLVANLA, CUM6,Cj-14k0
Oa this, the?1_ day of 5ff-&& ft- t'lA 4 ,
Mom to me (orsadsihcwtily proven) In be the person(s) whose name(s)
same for the purposes herein co:uahud.
County ss:
IN WrrNES3 WHEREOF, I hereunto set my hand and official
My Commission expires:
y??ty publla
EllOfficer Title of AFYER RECORDING RETURN TO.
SUPERIOR BANK FSB
ONE RAMIAND ROAD
ORANCEMM, NY 10962
ATTN: RECORDED DOCUMENTS DEPT.
LOAN ID:0802336107
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TRACT NO. 1; ALL 7HAT CERTAIN It of ground s&uo in the vmsge of Hogestoan, knwnahlp of WWW Sprig,
County of Cumberland and State of Pennsylvania, more Partculady bounded and described as Mows. to writ
BEGINNING at a poet seventy-five (75) fcet South of the state No. 11, which said point is also the
southeast coma of other lands now or iate of the Presbyterhms V? at Hogestown; thence West by
lends of the Presbyleft church satrba ((80) feet to a point thence serif by %nda now or IOM of Cornman. second
Arm El?izab Beat tthence North 2?1o? other lands nowt b or fo(mWly oof Anne Elxa?berlh? B t ssreventy-be (75) feet
to the point or place of BEGINNING.
TRACTNO. 2: ALL THAT CERTAIN lot or parcel of ground situate in the village of Hogestown. Township of
silver Spring. Canty of Curnbed" and state of Pennsylvania, more parltcut ly hounded and described as
follows, to wit
BEGINNING at a post on the Barris all sle and ClhambwWxq Turnpike; thence by lot now or rate of
Jacob Sprbrpsr; South ashMOnct rorrty Dbvye (7s a poet trance byland now or late of George H. Bucher, West Of the Mencet by said to 8 Tump&e Bast sbdy 80) feet to the pitueof yBEGINNINNG(75) feet to a post at the Turnpike;
Parcel OU-18-1332-042
Promium Rate $758.50
Erhdasements $150.00
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EXHIBIT `B'
1
ACCOUNT& 0802336107
BALLOON NOTE
(Flied Rate)
TBM LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE
PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE.. THE
LENDER IS UNAERNO OBLIGATION TO REFINANCE TAE LOAN AT THAT TIME. YOU
WILL, TIWWORJE BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS
THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAYBE
THE LENDER YOU HAVIZ THIS LOAN WITH, WILLING TO LEND YOU THE MONEY.
IF YOU REFINANCR THISLOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR
ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN
IF YOU OBTAIN REFINANCING FROM THE SAME LENDER.
SEPTEMBER 13, 1999 WORMLEYSBURG PENNSYLVANIA
Patel ICIa] Istatal
6611 CARLISLE PIKE, MECHANICSBURG, PA 17055
IPmperty Add-]
I. BORROWER'S PROMISE TO PAY
In return far a loan that I have received, l promise to pay US. S 94, 500.00 (this amount is called
"principal'), plus interest, to the order of the Lender. The Lender is Alliance Funding, a
Division of Superior Bank FSB
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who
Is entitled to receive payments under this Note is called the "Note Holder."
2- INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest
at a yearly rate of 10.400 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in
Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making payments every mouth.
I will make my monthly payments on the 17th day of each month beginning on OCTOBER 17
1999 . I will make these payments every month until I have paid all of the principal and interest and any other
charges described below that I may owe under this Note. My monthly payments will be applied to Interest before
principal. If, on SEPTEMBER 17, 2014 , I still owe amounts under this Note, I will pay those amounts in full
on that date, which is called the "maturity date."
I will make my monthly payments at ONE RAMLAND ROAD
ORANGEBURG, NY 10962 or at a different place if required by the Note Holder.
(JO) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. S 857.37
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any time before they are due. A payment of principal only is
known as a "prepayment". When 1 make a prepayment, I will tell the Note Bolder in writing that I am doing so.
i may make a full prepayment or, partial prepayments without paying any prepayment charge. The Note Holder
will use all of my prepayments to reduce the amount of principal that I owe under this Note. If i make a partial
prepayment, there will be no changes In the due date or In the amount of my monthly payment unless the Note Holder
agrees in writing to those changes.
S. LOAN CHARGES
If a law, which applies to this loan and which sets maximwn loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then;
(]) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (11)
any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may
choose to make this refund by reduelog the principal l owe under this Note or by making a direct payment to me. if
a refund reduces principal, the reduction will be treated as a partial prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 %
of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late
payment.
ALOJ
MULTISTATE BALt.00N FV= KATE NOTE - SlnSle Fondly - F14XAmm me UNIFORM MMUM n FORM 3289 3M &.r ! of 2 pgS.V
?M260AusE tr/ft 2K"
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay th? overdue amount
by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been
paid and all the interest that I owe on that amount. That date must at least 30 days after the date on which the notice
is delivered or mailed to me.
(D) No Waiver By Note Holder
Even il; at a time when I am in default, the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the
right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by
applicable law. Those expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be
given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address
if I give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail
to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that
different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or
endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the
obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this
Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us
together. This means that any one of us may be required to pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of presentment and notice of
dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. 'Notice of
dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been
paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections
given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"),
dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the
promises which I make in this Note. That Security Instrument describes how and under what conditions I may be
required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are
described as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the
Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or
transferred and Borrower is not a natural person) without bender's prior written consent, Lender may,
at its option, require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of
the date of this Security Instrument
If Lender exercises this option, Lender shalt give Borrower notice of acceleration. The notice
shall provide a period of not less than 30 days from the date the notice is delivered or mailed within
which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to,pay these
sums prior to the expiration of this perlod, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
WITNESS THE HAND(S) ANDS L S) OF THE UNDERSIGNED.
IG HI L Borrows *PEGHH EEX Borrower
(dal) (dal)
Borrower
Borrower
(Seal)
Borrower (Seal)
Boaower
[Sign Origt»al Only]
MULTISTATE BALLOON FIXED RATE NOTE - Single Fam?7 - FNMA LOAN ID : 0802336107
NT326MUSB "2l6N81 Y /FHI.MC UNIFORM INSTRUMENT FORM 3260 3/87 (pugs S oJI p*gG,l
ALOK
ACCOUNT #:0802336107
ADDENDUM TO FNMA NOTE
This ADDENDUM TO NOTE is made this 13th day of SEPTEMBER , 1999 '
and is incorporated into and amends and supplements the Note, Adjustable Rate Note or Balloon Note of the,
same date, and any extensions and renewals of that Note, given by the undersigned ("Borrower") to
Alliance Funding, a Division of Superior Bank FSB ("Lender") ("Note").
In addition to the agreements made in the Note, Borrower and Lender further agree as follows:
1. Balloon Payment Loan IN
If the box above has been checked, the following provisions are added to the Note:
A. "THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE
PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE
LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU
WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS
THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE
THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY.
IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR
ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN
IF YOU OBTAIN REFINANCING FROM THE SAME LENDER."
B. The "Payments" section of the Note is amended by deleting the first sentence and replacing it with
the following language:
I will pay principal and interest by making payments every month. Each of my regular monthly
payments, except for the final payment, will be in the amount of U.S. $ 857.37
Assuming all scheduled payments of principal and interest are made on their due dates, the final
payment will be U.S. $ 78, 856.87 11
2. The section of the Note entitled, "Borrower's Promise to Pay," is amended by adding the following
language after the first sentence: "Any amounts owed under the Security Instrument that is executed
in conjunction with this Note are and shall be part of the debt obligation under this Note."
3. If the Note is an adjustable rate Note, the section of the Note entitled, "Interest," is amended by
adding the following language at the end of the second sentence: "which, except for odd days' interest,
if any, will be applied to a 360 day year consisting of 12 months with 30 days each. Interest will be
charged until the principal has been paid in full."
4. If the Note is an adjustable rate Note: a) the section of the Note entitled, "Payments" (A) "Time and
Place of Payments," is amended by deleting the sentence which reads, "My monthly payments will
be applied to interest before principal." and replacing it with the following language: "Each of my
regular monthly payments will be applied first to amounts due for any escrows for taxes and insurance
under the Security Instrument, then to accrued and unpaid interest as if the payment is made on its due
date, regardless of when the payment is actually received and the remainder, if any, to the unpaid
principal balance. Any late charges, collection costs and expenses, dishonored check' charges,
prepayment charges and payments made by the Note Holder to enforce this Note and/or to protect the
Note Holder's interests under the Security Instrument will be assessed separately. This does not take
into account any payments for optional mortgage products that are charged to my account." and b) the
section of the Note entitled, "Interest Rate and Monthly Payment Changes" (D) "Limits on
Interest Rate Changes," is amended by adding the following language, "My interest rate will never
be less than N/A %.11
If the Note is a fixed rate Note, the section of the Note entitled, "Time and Place of Payments" or
alternately "Payments," is amended by deleting (if applicable) the sentencewhich reads, "My monthly
payments will be applied to interest before principal." and by adding the following language before
the sentence which contains the maturity date:
"Each of my regular monthly payments will be applied first to amounts due for any escrows for taxes
and insurance under the Security Instrument, then to accrued and unpaid interest to the date of
payment and the remainder, if any, to the unpaid principal balance. Any late charges, collection costs
and expenses, dishonored check charges, prepayment charges and payments made by the Note Holder
to enforce this Note and/or to protect the Note Holder's interests under the Security Instrument will
be assessed separately. This does not take into account any payments for optional mortgage products
that are charged to my account."
ARCS
MULTISTATE ADDENDUM TO I ST241) PAGE 1 OF 3
FNMAMUMC NOTE CMM) ANM30A.USM
SUPERIOR
6. A. The section of the Note entitled, "Borrower's Right to Prepay" or alternately "Borrower's
Payments Before They Are Due," is amended by: a) adding to the end of the first sentence the
following language,", but the Note Holder may apply any tendered payments fast to any amounts then
due and owing under this Note or under the Security Instrument and then to principal not yet due.";
b) deleting the sentence which states, "The Note Holder will use all of my prepayments'to reduce the
amount of principal that I owe under this Note."; and c) adding after the final sentence the following
language, "Except as provided in the "Loan Charges" section (if any), the Note Holder earns any
prepaid finance charge at the time the loan is made and no part of it will be refunded if I pay in full
ahead of schedule."
B. If a prepayment charge is contracted in connection with this loan the section of the Note entitled,
"Loan Charges" (if any) is amended by adding to the end of the final sentence the following
language, "without any prepayment charge."
7. In the State of Arizona, a provision is added to the Note as follows:
"Contracted for Rate of Interest. I agree to pay an effective contracted for rate of interest equal to
the interest rate as provided in this Note and the additional interest resulting from any Additional
Sums. The Additional Sums shall consist of all fees, charges, goods, things in action or other sums
or things of value (other than interest as provided in this Note) paid or payable by me, whether
pursuant to this Note, the Security Instrument securing this Note or any other document or instrument
in any way pertaining to this loan, that may be deemed to be interest for the purpose of any law of
the State of Arizona that may limit the maximum amount of interest to be charged with respect to this
loan. The Additional Sums shall be deemed to be additional interest for the purposes of any such law
only.,,
8. The section of the Note entitled, "Late Charge for Overdue Payments," is amended by replacing
the word "overdue" in the second sentence with the word "scheduled." If the Note is a fixed rate Note,
after the final sentence add the following language, "Any late charge will be in addition to interest on
the then outstanding principal for each day the payment is late."
9. The sections of the Note entitled, "Notice of Default" and "Uniform Note," are amended by
changing the notice of default or acceleration to be at least 60 days if the loan is secured by a
secondary lien on real property in the State of Connecticut and at least 35 days if the loan is secured
by a lien on real property in the State of Oklahoma.
10. If this is an adjustable rate Note, then the subparagraph entitled, "Transfer of the Property or a
Beneficial Interest in Borrower," is amended by deleting the provisions relating to assumption of
the loan.
11. The section of the Note entitled, "Payment of Note Holder's Costs and Expenses," is deleted in its
entirety and is replaced by the following language:
If I default, whether or not the Note Holder has required me to pay immediately in fu11 as described
above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in
enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for
example, reasonable attorneys' fees, collection costs and expenses, servicing fees, and dishonored
check charges to the fullest extent not prohibited by applicable law."
12. The section of the Note entitled, "Obligations/Responsibility of Persons Under This Note," is
amended by adding the following language to the end of the first sentence:
"plus the charges as described in the sections entitled, "Late Charges for Overdue Payments" and
"Payment of Note Holder's Costs and Expenses," and to pay any other charges required in order
to close the loan."
13. In the State of Virginia, the first sentence in the section of the Note (Form 3200, 3260 or 3520)
entitled, "Waivers," is deleted and amended to read as follows:
" I and any other person who has obligations under this Note waive the rights of presentment and
notice of dishonor and waive the homestead exemption."
14. A provision is added to the Note as follows:
"ADDITIONAL SERVICING FEES: In addition to charges specified elsewhere in this Note, in the
Security instrument given to secure this Note, or in any other agreement in connection with this Note,
I agree to pay, to the fullest extent' not prohibited by applicable law, the following if charged in
LOAN ID#:0802336107
MULTISTATE ADDENDUM To IST12ND PAGE 2 OF 3 AMCT
FNMANRLMC NOTE VA99) AN7030A.USM
SUPERIOR
connection with this loan: any fees imposed by the Lender's discharge or satisfaction of. lien(s)
(whether upon payment in full, acceleration or maturity); payoff quotes/charges; delivery charges;
inspection fees; payment history charges and/or any other servicing fees listed in the schedule of fees
in effect at the time the charge is incurred."
15. A provision is added to the Note as follows:
A. "APPLICABLE LAW. This Note shall be governed by federal law and, to the extent not inconsistent
with Or more restrictive than federal law or regulation governing the Lender, the laws of the
jurisdiction in which the property defined in the Security instrument as the "Property" is located. In
the event of a conflict between any provision of this Note and any such law or regulation in effect as
of the date of this Note, such law or regulation shall control to the extent of such conflict and the
conflicting provision contained in this Note shall be without effect. All other provisions of this Note
will remain fully effective and enforceable."
B. In the State of Minnesota, a provision is added to the Note as follows:
"The interest rate on a second mortgage loan is governed by Minnesota Statutes Section 47.20, 47.21
and 12 C.F. R. Section 560.110(b)."
16. A. If the box below has been checked, the section of the Note entitled, "Borrower's Right to Prepay"
or alternately "Borrower's Payments Before They Are Due," is deleted in its entirety and replaced
with the following language:
® "BORROWER'S RIGHT TO PREPAY; PREPAYMENTCHARGE. I have the right to make
payments of principal at any time before they are due, but the Note Holder may apply any tendered
payments first to any amounts then due and owing under this Note or under the Security Instrument
and then to principal not yet due. A payment of principal only is known as a "prepayment." A
prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part
of the unpaid principal is known as a "partial prepayment."
If I make a partial prepayment and this Note is a fixed rate Note, there will be no changes in the due
dates or amounts of my monthly payments unless the Note Holder agrees in writing to those changes.
If I make a partial prepayment and this Note is an adjustable rate Note, there will be no changes in
the due dates or amounts of my subsequent scheduled monthly payments until the first payment due
after the first Change Date following my partial prepayment unless the Note Holder agrees in writing
to those changes. If this Note is an adjustable rate Note, my partial prepayment may reduce the
amount of my monthly payments after the first Change Date following my partial prepayment, but any
such reduction may be offset by an interest rate increase. If the aggregate amount of principal prepaid
in any twelve (12) month period exceeds twenty percent (20%) of the original principal amount of this
Note during the fast 3 years commencing from the date of this' Note, then as consideration
for the acceptance of such prepayment, and in addition to any other sum payable hereunder, I agree
to pay to the Note Holder a prepayment charge equal to 5 % of the total amount prepaid. I
will pay this prepayment charge whether prepayment is voluntary or the result of acceleration due to
my default under this Note or the Security Instrument. Except as provided in the section entitled,
"Loan Charges," the Note Holder earns any prepaid finance charge at the time the loan is made and
no part of it will be refunded if I pay in full ahead of schedule."
B. Check box if applicable:
? This prepayment charge does not apply if the prepayment is the result of my refinancing of this
loan with the Lender or an affiliate of the Lender.
17. If the Note is assigned or transferred, all or a portion of this Addendum to Note maybe voided at the
option of the assignee or transferee. Any terms and provisions of the Addendum to Note which are
voided will be governed by the original terms and provisions of the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions c ntain th'
Addendum to Note. o to is
/yi
(l)
sal
SHI L Borrower PE EL ( )
Borrower
(Scat)
Borrower
(Seat)
Borrower
(Seal)
Borrower
MULTISTATE ADDENDUM TO IST2ND
FNMATBLMC NOTE (21&99)
SUPIWOR
(seal)
Borrower
LOAN ID#:0802336107
PAGE 3 of 3 AMCU ANT030A.USM
EXHIBIT `C'
I IIIIIIIIIIUIIIIIIIIIII?I
7104 :400 ..oo 23=7 0303
August 20, 2009
III 0 lea 03 3 641 03?q IIII
Gary SNnirnel
6611 Carlisle Pike
Mechanicsburg, PA 17050
s
EMC
Floryorr f'i,r xirrxl +fet
EMC
Mortgage
Corporation
Po Box 660753 Dallas, TX 75266-0753
Re: Loan No: OWN
Property Address: 6611 Car sle Pike
Mechanicsbu, PA 17055
Your house is your home. We want to keep it that way.
We need to talk - call 1-888-609-2379 today.
You're going through tough times - we can help. In fact, we believe your home may be eligible for a loan
modification program - we may be able to change the term of your loan, the interest rate, and maybe even the
principal due date, to reduce the monthly payment to an amount you can afford.
Call us today at 1-888-609-2379 so we can help you turn things around. We'll discuss
your current situation (outlined in the enclosed letter) and the options available to you.
But we cannot stress enough that the longer you delay calling us - the fewer chances you
may have to keep your home.
It will only take a few minutes on the phone - one of our Loan Specialists will work with you to determine the
option that best fits your needs. There are several options available - call us now and let's see which one will
work best for you.
We are committed to working with you to find a way to help you keep your home, but you must call us
immediately at 1-888-609-2379 - the longer you delay the fewer options you may have.
Homeowner's Assistance Department
EMC' Mortgage Corporation
1-888-609-2379
(800) 582-0542 TDD / Text Telephone
P. S. The enclosed legal letter outlines, in detail, your current situation and the consequences that
will occur unless we receive the required financial information from you and can approve you
for a modification. Once you call us with the information needed, then we can work together to
determine the option that will work best for you. We cannot guarantee that you will be
approved, but your only chance of saving your home is by contacting us immediately. Please
don't delay-call us now at 1-888-609-2379.
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES BY COUNTY REVISED AUGUST 1, 2008
August 20, 2009
A T 91 N
HOME ROM FORE?LSURE
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.
IMPORT ANT INFORMATION CONCERNING YOUR RIGH7S IS CONTAINED ON PAGE THREE
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice
explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency.
The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you
have any questions, you may call the Pennsylvania Housing Finance Agency toll free at I-800-342-2397. (Persons with impaired hearing can
call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency
may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find
a lawyer.
LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN
SU CASA. SI NO COMPRENDE EL CONTENIDO DE F.STA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N
INMEDIATAMENTE L.LAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL
NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE. PARA UN PRE'STAMO POR El, PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL,VAR SU CASA DE LA PERDIDA
DEL DERECIJO A REDIMIR SCI HIPOTECA.
IIOMF,OWNER'S NAMF(S):
PROPFRIX ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
Gary Shimmel
6611 Carlisle Pike
csbu. PA 17055
ALLIANCE FUNDING CO
EMC Mortgage Corporation
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROMFORECLOSURE 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 OTHF,R 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
EMI;RGF,N('Y MOR7'GAGL' ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE'. TILE PART OF THIS NO770,.
CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the
end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names,
addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located
are set forth at the end of this Notice. It is only necessary to schedule one face-to face meeting. Advise your lender immediately of
your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set,forih later in this Notice ('see
following pages fbr 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 applicution 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-lo-/ace 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
W! III PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED
FROM STARTING A FORECLOSI/RF. AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE„ IN THI: SECTION CA LIED
"TF, MPORAR Y ST.A Y OF FORE. CLOSURE. "
YOV HAVE I'II RIGHT TO FILE .4 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 EVENTUALLYAPPR0VED AT ANY TIME BEFORE A SHERIFF'S SALF, THE FORECLOSIIRF. 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 BANKR UPTCY, THE FOLLOWING
PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT, (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date):
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your properly located cit.,
6611 Carlisle ]like, Mechanicsbu, PA 17055
IS SI;RIOIJSI_Y 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 payments from 05/17/2009:
(b) Late charge(s):
(c) Other charge(s): NSF and Advances
(d) less: Credit Balance
(e) Total amount required as of 08/19/20119:
$3,657.70
$40.64
$342.89
$0.00
$4,041.23
HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) DAYS front the date of this Notice BY PAYING
THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ $4,041.23, PLUS ANY MORTGAGE PAYMENTS AND
LATT' CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made
either by cash, cashier's check, certif ed check, or money order made payable and sent to:
EMC Mortagge Corporation
Po Box 660753 ) aIlas, TX 75266-0753
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of date of this Notice, the
lender intends to exercise its right 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 lull 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
H% 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, bui you cure the delinquency before the lender begins legal proceedings against you,
you will still he 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 r/ thev
exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which nun- also include other reasonable costs.lf
you care the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may, also sue you pe rsonallt',frr 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 Jbreclosure proceedings have begun, you still have the right to (,tire the default and prevent the sale at anv time up to
one hour before the Sherif's Sale. You may do so by paying the total amount them past due, plus anv tale or other charges then due,
reasonable atiorney's.lees and costs connected with the foreclosure sate and arr.(, other costs connected with the Sheri(I's Sale cis
specified in writing by the tender and by performing airy 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 Sheriff's Sale of the mortgaged
property could be held would be approximately five (5) months from the date of this Notice.A notice of the actual date of the
Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait.
You may find out at any time exactly what the required payment or action will be by contacting the lender.
IIOW TO CONTACT THE LENDER
Name of Lender: EMC Mortgage Corporation
Address: Po Box 660753 Dallas, TX 75266-0753
Telephone Number: 1-888-609-2379
Fax Number: 214-626-5999
Contact Person: Loan Resolution Department
E-mail Address: emcpaact9l (a),jpmorgan.com
EFF'ECI'OFSHERIFF:SSALE - 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 not 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 lees and costs are paid prior to or at the sale and that the other
requirements of the rnortgage 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 YOIJ
CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN
THREE TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THF. NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER
LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
" TO SEEK PROTECTION UNDER THE FEDERAL, BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING A GENCIES SER VING YOUR COUNTY
CAN BE FOUND ON PAGES 4-6.
An important reminder for all our customers: As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability
and Stability Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts to charge a fee
for housing counseling or modification of a delinquent loan, especially if they require a fee in advance." EMC offers loan modification
assistance free of charge (i.e., no modification fee required). Please call as immediately at 1-888-609-2433 to discuss your options. The
longer you delay the fewer options you may have.
EMC '.Mortgage Corporation is attempting to collect a debt, and any information obtained will be used for that purpose.
Sincerely,
EMC Mortgage Corporation
Po Box 660753 Dallas, TX 75266-0753
Indicates Counties Serviced
Acorn Housing Corporation
,r 846 North Broad Street
Philadelphia. PA 19130
(215) 765-1221
'Bucks. Chester. Delaware. Montgomery
Philadelphia
Action Housing Inc
425 61h Avenue. Suite 950
Pittsburgh. PA 15219
(412) 281-2102
'Allegheny. Beaver. Butler. Fayette. Greene.
Washington. Westmoreland
Adams County Interfaith Housing Authority
40 E High Street
Gettysburg, PA 17325
(717) 334-1518
'Adams. Cumberland, Franklin. York
Advocates for Financial Independence
1806 S Broad Street. Suite 1B
Philadelphia. PA 19145
(215) 389-2810
`Philadelphia
Advocates for Financial Independence
202 East Hinkley Avenue
Ridley Park. PA 19078
(215) 389-2810
'Delaware
Allegheny County Acorn
5907 Penn Avenue, Suite 300
Pittsburgh, PA 15206
(412) 441-6551
'Allegheny
American Credit Counseling Institute
21 S Church Street
West Chester PA 19380
(888) 212-6741
`Chester
American Credit Couseling Institute
526-528 Dekalb Street
Norristown, PA 19401
(610) 971-2210
(888) 212-6741
'Montgomery . Delaware
American Credit Counseling Institute
530 W Street Road. Suite 201
Warminster. PA 18974
(215) 444-9429
(888) 212-6741
-Bucks. Montgomery. Philadelphia
American Credit Counseling Institute
937 North Hanover Street
Pottstown, PA 19460
(888) 212-6741
`Berks. Bucks, Montgomery
Amercan Credit Counseling Institute
229 East Chestnut Street
Coatesville. PA 19320
(888) 212-6741
'Chostor. Lancaster
American Financial Counseling Services
871 N. Easton Road
Glenside. PA 19038
(267) 228-7903
`Mifflin
American Financial Counseling Services
405 West Germantown Pike
Norristown. PA 19403
(267) 228-7903
'Miffim. Montgomery
American Financial Counseling Services
2880 Bergey Road Suite 4
Hatfield, PA 19440
(267) 228-7903
'Berks. Chester. Montgomery
American Financial Counseling Services
175 Strafford Avenue. Suite One
Wayne. PA 19087
(610) 971-2210
(888) 212-6741
'Bucks. Chester. Delaware, Mongomery.
Philadelphia
American Financial Counseling Services
906 Penn Avenue
Wyomissing, PA 19610
(267) 228-7903
(800) 490-3039
`Barks
American Financial Counseling Services
871 N. Easton Road
Glenside, PA 19038
(267) 228-7903
'Montgomery
American Financial Counseling Services
1917 Welsh Road
Philadelphia PA 19115, PA 19610
(267) 228-7903
'Bucks, Montgomery, Philadelphia
Amercan Red Cross - Hanover Chapter
529 Carlisle Street
Hanover. PA 17331
(717) 637-3768
'Adams, Franklin, York
American Rod Cross of Chester
1729 Edgemont Avenue
Chester, PA 19013
(610) 874-1484
'Chester. Delaware
APM
2147 Nomt Sixth Street
Philadelphia, PA 19122
(215) 235-6788
`Chester, Delaware, Philadelphia, Bucks
Armstrong CO Community Action Agency
124 Armsdale Road, Suite 211
Kittanning. PA 16201
(724) 548-3405
'Armstrong
Base, Inc.
447 South Prince Street
Lancaster PA 17603
(717) 392-5467
'Lancaster
BlairCounly Community Action Agency
2100 6th Avenue. Suite 102
P.O. Box 1833
Altoona. PA 16602
(814) 946-3651
'Blair
Booker T. Washington Center
1720 Holland Street
Erie. PA 16503
(814) 453-5744
`Crawford, Erie. Warren
Bucks County Housing Group
200 West Bridge Street
Morrisville. PA 19067
(866) 866-0280
'Bucks
Bucks County Housing Group
2324 Second Street Pike, Suite 17
Wrighlslown, PA 18940
(866) 866-0280
`Bucks
Bucks County Housing Group
470 Old Dublin Pike
Doylestown, PA 18901
(866) 866-0280
'Bucks
Bucks County Housing Group
349 Durham Road
Penndel, PA 19047
(866) 866-0280
'Bucks
Bucks County Housing Group
515 West End Blvd
Quakertown. PA 18951
(866) 866-0280
'Bucks
Budget Counseling Center
247 North Fdlh Street
Reading. PA 19601
(610) 375-7866
'Berks. Chester. Schuylkill
Carroll Park Community Council, Inc
5218 Master Street
Philadelphia. PA 19131
(215) 877-1157
'Chester, Delaware. Philadelphia
Catholic Social Services
Saint Catherine Manor
5 Knox Road
Scranton, PA 18505
(570) 558-3019
'Wyoming, Wayne, Bucks, Lackawanna.
Monroe. Philadelphia
CCCS of Delaware Valley
1230 New Rodgers Road. Suite F1
Bristol. PA 19007
(215) 563-5665
'Bucks
CCCS of Delaware Valley
1777 Sentry Parkway W, Suite 200
Blue Bell, PA 19422
(215) 563-5665
'Montgomery
CCCS of Delaware Valley
280 North Providence Road
Media. PA 19063
(215) 563-5665
'Chester
CCCS of Delaware Valley
Marshal Building
790 E Market St, Suite 170
West Chester, PA 19382
(215) 563-5665
`Chester. Bucks
CCCS of Delaware Valley
Catholic Social Services Building
7340 Jackson Street
Philadelphia, PA 19136
(215) 563-5665
Bucks. Philadelphia
CCCS of Delaware Valley
One Cherry Hill. Suite 215
Cherry Hill. PA 08002
(215) 563-5665
'Philadelphia
CCCS of Lehigh Valley
3671 Crescent Court East
Whitehall, PA 18052
(610) 821-4011
(800) 837-9815
'Berks. Bucks. Carbon. Lancaster, Lehigh,
Northhampton, Schuylkill
CCCS of Northeastern PA
201 Basin Street. Suite 6
Williamsport , PA 17701
(570) 323-6627
'Centre. Clinton. Lycoming. Northumberland.
Union
CCCS of Northeastern PA
202 W Hamilton Avenue
State Collage. PA 16801
(814) 238-3668
'Blair, Centre. Clearfield. Clinton, Huntingdon,
Juniata. Mifflin
CCCS of Northeastern PA
401 Laurel Street
Pittston. PA 18640
(570) 602-2227
'Bradford, Carbon. Columbia, Lackawanna,
Lycoming. Monroe. Montour, Northumberland.
Pike, Sullivan. Tioga, Union. Wayne, Wyoming
CCCS of Northeastern PA
411 Main Street, Suite 104
Stroudsburg, PA 18360
(570) 420-8980
'Bradford. Carbon. Monroe, Pike. Wayne
CCCS of Western PA
1 North Gate Square #2
Garden Center Dr
Greensburg. PA 15601
(888) 511-2227
'Fayette. Greene, Indiana. Somerset.
Washington, Westmoreland
CCCS of Western PA
55 Clover Fill] Road
Dallastown. PA 17313
(888) 511-2227
`Fulton. Crawford. Lancaster
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
(888) 511-2227
`Adams, Cumberland. Dauphin. Franklin, Perry
Synder, York
CCCS of Western PA
312 Chestnut Street, Suite 227
Meadville, PA 16335
(888) 511-2227
'Lawrence
CCCS of Western PA
41 East Chestnut Street
Washington, PA 15301
(888) 511-2227
'Westmoreland
CCCS of Western PA
4402 Peach Street
Erie, PA 16509
(888) 511-2227
`Crawlord. Erie, Warren
CCCS of Western PA
524 1 ranklin Avenue
Aliquippa. PA 15001
(888) 511-2227
'Camb?m
CCCS of Western PA
917 A Logan Boulevard
Altoona, PA 16602
(888) 511-2227
'Armstrong, Bedford. Blair, Cambria. Centre.
Clearfield, Huntingdon, Juniata, Mifflin, Union
CCCS of Western PA
Pullman Commerce Center
112 Hollywood Dr
Butler. PA 16001
(888) 511-2227
'Buller. Clarion, Jefferson. Mercer. Venango
CCCS of Western PA
River Park Commons
2403 Sidney Street
Pittsburgh. PA 15203
(888) 511-2227
'Allegheny
Center for Family Services, Inc.
213 Center Street
Meadville, PA 16335
(814) 337-8450
'Columbia. Venango
Centro Pedro Claver. Inc
627 Wnsl Erie Avenue
Philaoolpia. PA 19140
(215)2:'7-7111
'Philadelphia
* Indicates Counties Serviced
Chester Community Improvement Project
412 Avenue of the States
P0.Box541
Chester, PA 19016
(610) 876-8663
`Chester, Delaware, Montgomery. Philadelphia
Diversified Community Service
Dixon House
1920 South 20th Street
Philadelphia, PA 19145
(215) 336-3511
`Bucks, Chester. Delaware. Philadelphia
Indiana Co Community Action Prog,
827 Water Street Box 187
Indiana, PA 15701
(724) 465-2657
'Armstrong, Cambria. Clearfield. Indiana.
Jefferson. Westmoreland
Comm. On Econ Opportunity of Luzerne Co.
163 Amber Lane
Wilkes-Barre, PA 18702
(570) 826-0510
`Carbon, Luzeme. Schuylkill, Wyoming
Community Action Commission of Capital
Region
1514 Derry Street
Harrisburg, PA 17094
(717) 232-9757
'Cumberland. Dauphin, Franklin, Perry. Synder
Community Action Committee of the Lehigh
Valley
1337 East Filth Street
Bethlehem. PA 18015
(610) 691-5620
`Barks. Carbon. Lehigh. Monroe,
Northhampton
Community Action Development Comm
CADCOM
113 E Main Street
Norristown. PA 19401
(610) 277-6363
`Montgomery
Community Action Southwest
150 W Beau Street, Suite 304
Washington. PA 15301
(724) 225-9550
`Monroe
Community Action Southwest
58 E Greene Street
Waynesburg, PA 15370
(724) 852-2893
'Allegheny. York. Fayette. Greene,
Washington. Westmoreland
Comm. on Econ. Opportunity of Luzerne
County
163 Amber Lane
WilkesBarre. PA 18702
(570) 826-0510
(800) 822-0359
`Wyoming
Congreso
216 West Somerset Street
Philadelphia. PA 19133
(215) 763-8870
`Philadelphia
Council of Spanish Speaking Organization
705-09 North Franklin St
Philadelphia, PA 19123
(215) 627-3100
'Philatlelphia
Credit Counseling Center
832 Second Street Pike
Richboro, PA 18954
(215) 396-1880
'Bucks
Fair Housing Partnership of Greater Pittsburgh
Inc.
2840 Liberity Ave.. Suite 205
Pittsburgh, PA 15222
(412) 391-2535
`AI legheny
Fayette Co. Community Action Agency Inc
137 North Beeson Avenue
Uniontown. PA 15401
(724) 437-6050
'Fayette. Somerset
FOB CDC
1201 West Only Avenue
Philadelphia, PA 19141
(215) 549-8755
'Bucks. Chester. Delaware. Philadelphia
Garfield Jubilee Associates
5138 Penn Avenue
Pittsburgh. PA 15224
(412) 665-5200
'AI legheny
Germantown Settlement
5538 Wayne Avenue Bldg C
Philadelphia. PA 19144
(215) 849-3104
'Bucks, Chester. Delaware. Montgomery.
Philadelphia
Greater Elie Commun. Action Committee
18 West 9th Street
Erie. PA 16501
(814) 459-4581
`Crawford. Erie. Venango. Warren
FACE
167 W Allegheny Ave.. 2nd Floor
Philadelphia, PA 19140
(215) 426-8025
'Bucks. Chester. Delaware, Philadelphia
Intercultural Family Services Inc.
4225 Chestnut Street
Philadelphia. PA 19104
(215) 386-1298
'Philadelphia
Korean Comm. Develop. Services Center
6065 North 5th Street
Philadelphia. PA 18505
(215) 276-8830
'Philadelphia
Lawrence County Social Services. Inc.
241 West Grant Street
P O. Box 189
New Castle. PA 16103
(724) 658-7258
'Lawrence
Liberty Resources
714 Market Street, Suite 100
Philadelphia. PA 19106
(215) 634-2000
'Philadelphia
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 1711
(717) 232-2207
'Cumberland. Dauphin. Perry
Lycom-Clnln Co Comm fo Comm Action
2138 Lincoln Street
P O. Box 3568
Williamsport. PA 17703
(570) 326-0587
'Centre, Clinton. Lycoming. Union
Maranatha
43 Philadelphia Avenue
Waynesboro. PA 17268
(717) 762-3285
'Adams. Cumberland. Franklin, Fulton, Perry
Hispanic Alliance for Community Advancement
2740 North Front Street Media Fellowship House
Philadelphia, PA 19133 302 South Jackson Street
(215) 667-8932 Media, PA 19063
'Monroe (610) 565-0434
'Chester, Delaware
Housing Assoc. of Delaware Valley
658 North Walls Street
Philadelphia. PA 19123
(215) 978-0224
'Philatlelphia. Monroe
Housing Opportunities of Beaver Co
320 College Avenue. Unit 1
Beaver. PA 15009
(724) 728-7511
'Beaver, Lawrence
Housing Partnership of Chester County
41 West Lancaster Avenue
Downingtown, PA 19335
(610) 518-1522
`Chester, Delaware, Montgomery
Mon Valley Unemployment Committee
1800 West St , 3rd Floor
Homestead PA 15120
(412) 462-9962
`Allegheny. Washington, Westmoreland
ML Airy, USA
6703 Germantown Ave.. Suite 200
Philadelphia, PA 19119
(215) 844-6021
'Philadelphia
Nazareth Housing Services
301 Bellevue Road
Pittsburgh. PA 15229
(412) 931-6996
'Allegheny
* Indicates Counties Serviced
Neighborhood Housing Services of Reading
• 213 N 51h St.. Suite 1030
Reading. PA 19601
(610) 372-8433
`Barks
Neighborhood Housing Services, Inc
710 5th Avenue. Suite 1000
Pittsburgh. PA 15219
(412) 281-9773
•Allogheny
New Konsignton Community Development
2515 Frankford Avenue
Philadelphia. PA 19125
(215) 427-0350
'Warren
The NORCAM Group
4200 Crawford Avenue Suite 200
Northern Cambria. PA 15714
(814) 948-4444
'Cambna, Clearfield
Northern Tier Community Action Corp.
135 West 41h Sires(
P.O Box 389
Emporium. PA 15834
(814) 4861161
`Cameron, Elk. Mckean, Potter
Northwest Counseling Service
5001 North Broad Sirael
Philadelphia PA 19141
(215) 3241500
`Bucks Chester. Delaware. Montgomery
.
Philadelphia
Nueva Esperanza
4261 North 51h Street
Philadelphia. PA 19140
(215) 324-0746
'Philadelphia
Opportunity Inc.
301 East Market Street
York, PA 17403
(717) 424-3645
`Montgomery
The Partnership CDC
4020 Market Street. Suite 100
Philadelphia PA 19104
(215) 662-1612
'Monroe
Pennsylvania Housing Finance Agency
2275 Swallow Hill Rd Bldg 200
Pittsburgh, PA 15220
(412) 429-2842
`Allegheny
PHFA
211 North Front Street
Harrisburg, PA 17110
(800-) 342-2397
'Cumberland, Dauphin
Philadelphia Council for Comm. Advmnt.
100 N 17th St, Suite 600
Philadelphia, PA 19103
(215) 567-7803
(800) 930-4663
'Chester, Delaware, Montgomery, Philadelphia
Philadelphia Senior Center
509 South Broad Street
Philadelphia. PA 19147
(215) 546-5879
'Philadelphia
Schuylkill Community Action
225 N. Centre Street
Pottsville, PA 17901
(570) 622-1995
`Berks. Carbon, Lebanon. Lehigh, Luzerne.
Northumberland, Schuylkill
Shenango Valley Urban League. Inc.
601 Indiana Avenue
Farrell. PA 16121
(724) 981-5310
'Crawford. tawronce. Mercer
South Philadelphia H O M.E S
1444 Point Breeze Avenue
Philadelphia PA 19146
(215) 334-4430
`Philadelphia
Southwest Community Development Corp.
6368 Paschall Avenue
Philadelphia. PA 19142
(215) 729-0800
`Montgomery
St. Martin Center
1701 Parade Street
Erie, PA 16503
(814)452-6.13
`Crawford. Eno. Venango, Warren
Tableland Services Inc.
535 East Main Street
Somerset. PA 15501
(814) 445-9628
`Cambria, Fayette. Somerset, Westmoreland
Tabor Commun ity Services
308 E King Street, Suite 1
Lancaster, PA 17602
(717) 397-5182
(800) 788-5062
`Chester, Lancaster. Lebanon
The Trehab Center of Northeastern PA
10 Public Avenue
P.O. Box 366
Montrose. PA 18801
(570) 278 3338
(800) 982-4045
`Susquehanna
The Trehab Center of Northeastern PA
115 SR 92S
Tuckhannock.PA 18657
(570) 836-6840
(800) 982-4045
'Wyoming
The Trehab Center of of Northeastern PA
1225 Main Street
Honesdale, PA 18431
(570) 253-8941
(800) 982-4045
'Bradford. Sullivan, Susquehanna. Tioga.
Wayne, Wyoming
The Trehab Center of Northeastern PA
144 E East Avenue
Wellsboro, PA 16901
(570)124-5252
(800)982-4045
`Tioga
The T,ehab Center of Northeastern PA
German Street
P.O. Box 389
Dushom PA 18614
(570) 928-9667
(800) 982-4045
`Sullivan
The Trehab Center of Northeastern PA
The Enterprise Center
703S. Elmer Ave., Suite M-6
Sayre, PA 18840
(570)888.0412
(800) 982-4045
`Bradford
United Commun ies Southeast Philadelphia
2029 South 81h Street
Philadelphia. PA 19148
(215) 467-8700
'Philadelphia
United Neighborhood Centers of Northeastern
PA
425 Alder Street
Scranton, PA 18505
(570) 346-0759
'Lackawanna. Wyoming. Wayne, Luzeme
Urban League of Philadelphia
1818 Market Street
Philadelphia. PA 19103
(215) 561 6070
'Bucks. Delaware. Philadolphia
Urban League of Philadelphia
610 Wood Street
Pittsburgh, PA 15229
(412) 931-6996
'Allegheny
Voices for Independence
1107 Payne Avenue
Erie. PA 16603
(814) 874-0064
(800) 838-9890
'Erie
Warren-Forest Counties Economic Opportunity
Council
1209 Pennsylvania Ave W
P.O. Box 547
Warren, PA 16365
(814) 726-2400
`Forest. Waren
West Oak Lane CDC
6259 Limekiln Pike
Philadelphia, PA 1914
(215) 224-0880
'Monroe
in-iportant message
Commission
Facing foreclosure`? Scammers are targeting people having trouble paying their mortgages.
Some claim to be able to "rescue" homeowners from foreclosures, while others promise loan
modifications -- for a fee. The Federal Trade Commission, the nation's consumer protection
agency, wants you to know how to avoid scams that could make your housing situation go from bad to
worse.
Don't Get Hit by a Pitch.
"We can stop your foreclosure! "
"97% success rate!"
"Guaranteed to sane your home!"
These kinds of claims are the tell-tale signs of
a foreclosure rip-off. Steer clear of anyone
who offers an easy out.
Don't Pay for a Promise.
Don't pay any business, organization, or
person who promises to prevent foreclosure or
get you a new mortgage. These so-called
"foreclosure rescue companies" claim they
can help save your home, but they're out to
make a quick buck. Some may request hefty
fees in advance - and then stop returning your
calls. Others may string you along before
disclosing their charges. Cut off all dealings if
someone insists on a fee.
Send Payments Directly.
Some scammers offer to handle financial
arrangements for you, but then just pocket
your payment. Send your mortgage payments
ONLY to your mortgage servicer.
Don't Pay for a Second Opinion.
Have you applied for a loan modification and
been turned down? Never pay for a "second
opinion."
Imitations = Frustrations.
Some con artists use names, phone numbers,
and websites to make it look like they're part
of the government. If you want to contact a
government agency, type the web address
directly into your browser and look up any
address you aren't sure about. Use phone
numbers listed on agency websites or in other
reliable sources, like the Blue Pages in your
phone directory. Don't click on links or open
any attachments in unexpected emails.
Talk to a HUD-Certified Counseling
Agency - For Free.
If you're having trouble paying your mortgage
or you've already gotten a delinquency notice,
free help is a phone call away. Call 1-888-995
-HOPE for free personalized advice from
housing counseling agencies certified by the
U.S. Department of Housing and Urban
Development (HUD). This national hotline -
open 24/7 - is operated by the
Homeownership Preservation Foundation, a
nonprofit member of the HOPE NOW
Alliance of mortgage industry members and
HUD-certified counseling agencies. For free
guidance online, visit www.hopenow.com.
For free information on the President's plan to
help homeowners, visit
www.makinghomeaffordable.gov.
ederal Trade Cumrnissie,
ftc govneyMatters
Call
1-888-995-HOPE
for free personalized guidance from housing counseling agencies certified
by the U.S. Department of Housing and Urban Development. The
Homeowner's HOPETM Hotline - open 24/7 - is operated by the
Homeownership Preservation Foundation, a nonprofit member of the
]-TOPE NOW Alliance of mortgage industry members and
HUD-certified counseling agencies. Or visit
www.hopenow.com
For free information on the President's plan to help homeowners, visit
www.makinghomeaffordable.gov
iron H'J E N 0 W
Support & butaanrz For 11,,P.,wnCr,
MAKING ... Al FORDABLE.(Iov
YIIIIIINNINIIIIIIIIIIIIIII
,104 5400 ..oa 23=? 0310
August 20, 2009
11PO
0" ®11111,4
Peggy Shinunel
6611 Carlisle Pike
Mechanicsburg, PA 17050
Oven P
J?
EMC
EMC
Mortgage
Corporation
Po Box 660753 Dallas, TX 75266-0753
Re: Loan No: donews
Property Address: 6611 Carlisle Pike
Mechanicsbu, PA 17055
Your house is your home. We want to keep it that way.
We need to talk - call 1-888-609-2379 today.
You're going through tough times - we can help. In fact, we believe your home may be eligible for a loan
modification program - we may be able to change the term of your loan, the interest rate, and maybe even the
principal due date, to reduce the monthly payment to an amount you can afford.
Call us today at 1-888-609-2379 so we can help you turn things around. We'll discuss
your current situation (outlined in the enclosed letter) and the options available to you.
But we cannot stress enough that the longer you delay calling us - the fewer chances you
may have to keep your home.
It will only take a few minutes on the phone - one of our Loan Specialists will work with you to determine the
option that best fits your needs. There are several options available - call us now and let's see which one will
work best for you.
We are committed to working with you to find a way to help you keep your home, but you must call us
immediately at 1-888-609-2379 - the longer you delay the fewer options you may have.
Homeowner's Assistance Department
EMC Mortgage Corporation
1-888-609-2379
(800) 582-0542 TDD / Text Telephone
P.S. The enclosed legal letter outlines, in detail, your current situation and the consequences that
will occur unless we receive the required financial information from you and can approve you
for a modification. Once you call us with the information needed, then we can work together to
determine the option that will work best for you. We cannot guarantee that you will be
approved, but your only chance of saving your home is by contacting us immediately. Please
don't delay-call us now at 1-888-609-2379.
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES BY COUNTY REVISED AUGUST 1, 2008
August 20, 2009
T A KE AI M? T CLOSURE
N T HOME RO FO
This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specifw information about the nature
of the default is provided in the attached pages.
IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ONPAGE THREE
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice
explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency.
The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you
have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can
call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency
may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find
a lawyer.
LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN
SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N
INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL
NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE'STAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA
DEL DERECHO A REDIMM SU HH'OTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
Peggy Shimmel
6611 Carlisle Pike
Mechanicsbu, PA 17055
"loom
ALLIANCE FUNDING CO
EMC Mortgage Corporation
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAYBE 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 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.
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.
APPLICA TION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see
following pages for specific information about the nature of your default). You have the right to apply for financial assistance from
the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this
Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a
complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action,
your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to face meeting with the counseling
agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A
COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMAR%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 EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL
BE STOPPED.
AGENCYACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency
under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision
after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time
requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your
application.
NOTE. IF YOU ARE CURRENTLYPROTECTED BY THE FILING OFA PETITION IN BANKRUPTCY, THE FOLLOWING
PART OF THIS NOTICE IS FOR INFORMA TION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date):
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at.
6611 Carlisle Pike, Mechanicsbu, PA 17055
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PA YMENTS for the following months and the following amounts are now past
due:
(a) Monthly payments from 05/17/2009:
(b) Late charge(s):
(c) Other charge(s): NSF and Advances
(d) Less: Credit Balance
(e) Total amount required as of 08/19/2009:
$3,657.70
$40.64
$342.89
$0.00
$4,041.23
HO W TO CURE THE DEFA UL T - You may cure this default within THIRTY (30) DA YS from the date of this Notice BY PA YING
THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ $4,041.23, PLUS ANY MORTGAGE PAYMENTS AND
LATE CHARGES (and other 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 madeppayable.and sent to:
EMC Mortggaagge Corporation
Po Box 660753 DaIlas, TX 75266-0753
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of date of this Notice, the
lender intends to exercise its right to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be
considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total
amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
foreclose upon your mortgaged property
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt.
If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you,
you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they
exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs.lf
you cure the default within the THIRTY (30) DAYperiod, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due
under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30)
DAYperiod 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 SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged
property could be held would be approximately five (5) months from the date of this Notice.A notice of the actual date of the
Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait.
You may find out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER
Name of Lender: EMC Mortgage Corporation
Address: Po Box 660753 Dallas, TX 75266-0753
Telephone Number. 1-888-609-2379
Fax Number. 214-626-5999
Contact Person: Loan Resolution Department
E-mail Address: emcpaact9l@jpmorgan.com
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 fumishings
and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -You may not 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.
YOUMAYALSO HAVE THE RIGHT.
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY
FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
° TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
° TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU
CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN
THREE TIMES IN ANY CALENDAR YEAR.)
° TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER
LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
° TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
° TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
CAN BE FOUND ON PAGES 4-6
An important reminder for all our customers: As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability
and Stability Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts to charge a fee
for housing counseling or modification of a delinquent loan, especially if they require a fee in advance." EMC offers loan modification
assistance free of charge (i.e., no modification fee required). Please call us immediately at 1-888-609-2433 to discuss your options. The
longer you delay the fewer options you may have.
EMC Mortgage Corporation is attempting to collect a debt, and any information obtained will be used for that purpose.
Sincerely,
EMC Mortgage Corporation
Po Box 660753 Dallas, TX 75266-0753
" Indicates Counties Serviced
Acorn Housing Corporation
846 North Bread Street
,r Philadelphia, PA 19130
(215) 765-1221
'Bucks, Chester, Delaware, Montgomery,
Philadelphia
Action Housing Inc
425 6th Avenue, Suite 950
Pittsburgh, PA 15219
(412) 281-2102
'Allegheny, Beaver, Butler, Fayette, Greene,
Washington, Westmoreland
Adams County Interfaith Housing Authority
40 E High Street
Gettysburg, PA 17325
(717) 3341518
'Adams, Cumberland, Franklin, York
Advocates for Financial Independence
1806 S Broad Street, Suite 1B
Philadelphia, PA 19145
(215) 3894810
'Philadelphia
Advocates for Financial Independence
202 East Hinkley Avenue
Ridley Park, PA 19078
(215) 389-2810
'Delaware
Allegheny County Acorn
5907 Penn Avenue, Suite 300
Pittsburgh, PA 15206
(412) 441-0551
'Allegheny
American Credit Counseling Institute
21 S Church Street
West Chester, PA 19380
(888) 212-0741
'Chester
American Credit Couseilng Institute
526-528 Dekalb SOW
Norristown, PA 19401
(610) 971-2210
(888)212-6741
`Montgomery, Delaware
American Credit Counseling Institute
530 W Street Road, Suite 201
Warminster, PA 18974
(215) 444-9429
(888) 212-6741
'Bucks, Montgomery, Philadelphia
American Credit Counseling Institute
937 North Hanover Street
Pottstown, PA 19460
(888) 212-0741
`Barks, Bucks, Montgomery
American Credit Counseling Institute
229 East Chestnut Sheet
Coatesville, PA 19320
(888) 2126741
`Chester. Lancaster
American Financial Counseling Services
871 N. Futon Road
Glenside, PA 19038
(267) 228-7903
`Mifflin
American Financial Counseling Services
405 West Germantown Pike
Norristown, PA 19403
(267) 228-7903
'Mifflin, Montgomery
American Financial Counseling Services
2880 Bergey Road Suite 4
Hatfield, PA 19440
(267) 228-7903
'Barks, Chester, Montgomery
American Financial Counseling Services
175 Strafford Avenue, Suite One
Wayne, PA 19087
(610) 971-2210
(888) 212-0741
`Bucks, Chester, Delaware, Mongomery,
Philadelphia
American Financial Counseling Services
906 Penn Avenue
Wyomissing, PA 19610
(267) 228-7903
(800)490-3039
'Barks
American Financial Counseling Services
871 N. Easton Road
Glenside, PA 19038
(267) 228-7903
'Montgomery
American Financial Counseling Services
1917 Welsh Road
Philadelphia, PA 19115, PA 19610
(267) 228-7903
'Bucks, Montgomery, Philadelphia
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
'Adams, Franklin, York
American Red Cross of Chester
1729 Edgemont Avenue
Chester, PA 19013
(610) 8741484
'Chester, Delaware
APM
2147 Norht Sixth Street
Philadelphia, PA 19122
(215) 2356788
'Chester, Delaware, Philadelphia, Bucks
Armstrong CO Community Action Agency
124 Armsdale Road, Suite 211
Kittanning, PA 16201
(724) 548-3405
•Amssbong
Base, Inc.
447 South Prince Stmt
Lancaster, PA 17603
(717) 392-5467
'Lancaster
Blair County Community Action Agency
2,100 6th Avenue, Suite 102
P.O. Box 1833
Alton a, PA 16602
(814) 946-3651
'Blair
Booker T. Washington Center
1720 Holland Street
Erie, PA 16503
(814) 4535744
*Crawford, Erie, Warren
Bucks County Housing Group
200 West Bridge Street
Morrisville, PA 19067
(866) 866-0280
'Bucks
Bucks County Housing Group
2324 Second Street Pike, Suite 17
Wrightstown, PA 18940
(866) 866-0280
'Bucks
Bucks County Housing Group
470 Old Dublin Pike
Doylestown, PA 18901
(866) 866-0280
'Bucks
Bucks County Housing Group
349 Durham Road
Peondel, PA 19047
(866) 866-0280
'Bucks
Bucks County Housing Group
515 West End Blvd
Quakertown, PA 18951
(866) 866-0280
'Bucks
Budget Counseling Center
247 North Fifth Street
Reading, PA 19501
(610) 375-7866
-Barks, Chester, Schuylkill
Carroll Park Community Council, Inc.
5218 Master Street
Philadelphia, PA 19131
(215) 877-1157
'Chester, Delaware, Philadelphia
Catholic Social Services
Saint Catherine Manor
5 Knox Road
Scranton, PA 18505
(570) 558-3019
'Wyoming, Wayne, Bucks, Lackawanna,
Monroe, Philadelphia
CCCS of Delaware Valley
1230 New Rodgers Road, Suite F1
Bristol, PA 19007
(215) 5635665
'Bucks
CCCS of Delaware Valley
1777 Sentry Parkway W, Suite 200
Blue Bell, PA 19422
(215) 563.5665
'Montgomery
CCCS of Delaware Valley
280 North Providence Road
Media, PA 19063
(215) 563-5665
'Chester
CCCS of Delaware Valley
Marshal Building
790 E Market St, Suite 170
West Chester, PA 19382
(215) 563-5665
'Chester, Bucks
CCCS of Delaware Valley
Catholic Social Services Building
7340 Jackson Street
Philadelphia, PA 19136
(215) 5635665
-Bucks, Philadelphia
CCCS of Delaware Valley
One Cherry Hill, Suite 215
Cherry Hill, PA 08002
(215) 5635665
'Philadelphia
CCCS of Lehigh Valley
3671 Crescent Court East
Whitehall, PA 18052
(610) 821-4011
(800) 837-9815
*Barks, Bucks, Carbon, Lancaster, Lehigh,
Northhampton, Schuylkill
CCCS of Northeastern PA
201 Basin Street, Suite 6
Williamsport, PA 17701
(570) 323-0627
`Centre, Clinton, Lycoming, NorOsumberland,
Union
CCCS of Northeastern PA
202 W Hamilton Avenue
State College, PA 16801
(814) 238-3668
'Blair, Centre, Clearfield, Clinton, Huntingdon,
Juniata, Mifflin
CCCS of Northeastern PA
401 Laurel Street
Pittston, PA 18640
(570) 602-2227
Bradford, Carbon, Columbia, Lackawanna,
Lycoming, Monroe, Montour, Northumberland,
Pike, Sullivan, Tioga, Union, Wayne, Wyoming
CCCS of Northeastern PA
411 Main Street, Suite 104
Stroudsburg, PA 18360
(570) 420-8980
`Bradford, Carbon, Monroe, Pike, Wayne
CCCS of Western PA
1 North Gate Square #2
Garden Center Dr
Greensburg, PA 15601
(888)511-2227
`Fayette, Greene, Indiana, Somerset,
Washington, Westmoreland
CCCS of Western PA
55 Clover Hill Road
Dallastown, PA 17313
(888) 511-2227
`Fulton, Crawford, Lancaster
* Indicates Counties Serviced
CCCS of Western PA
2000 Linglestown Road
s Harrisburg, PA 17102
(888) 511-2227
*Adams, Cumberland, Dauphin, Franklin, Perry,
Synder, York
CCCS of Western PA
312 Chestnut Street, Suite 227
Meadville, PA 16335
(888) 511-2227
*Lawrence
CCCS of Western PA
41 East Chestnut Street
Washington, PA 15301
(888) 511-2227
*Westmoreland
CCCS of Western PA
4402 Peach Street
Erie, PA 16509
(888)511-2227
*Crewrord, Erie, Warren
CCCS of Western PA
524 Franklin Avenue
Aliquippa, PA 15001
(888) 511-2227
*Cambria
CCCS of Western PA
917 A Logan Boulevard
Altoona, PA 16602
(888) 511-2227
*Armstrong, Bedford, Blair, Cambria, Centre,
Clearfield, Huntingdon, Juniata, Mifflin, Union
CCCS of Western PA
Pullman Commerce Center
112 Hollywood Or
Butler, PA 16001
(888) 511-2227
*Butler, Clarion, Jefferson, Mercer, Venango
CCCS of Western PA
River Park Commons
2403 Sidney Street
Pittsburgh, PA 15203
(888) 511-2227
*Allegheny
Center for Family Services, Inc.
213 Center Street
Meadville, PA 16335
(814) 337-8450
`Columbia, Venango
Centro Pedro Clever, Inc
627 West Ede Avenue
Philadelpia, PA 19140
(215) 227-7111
*Philadelphia
Chester Community Improvement Project
412 Avenue of the States
P.O. Box 541
Chester, PA 19016
(610) 876-0663
*Chester, Delaware, Montgomery, Philadelphia
Comm. On Econ Opportunity of Luzeme Co.
163 Amber Lane
Wilkes-Barra, PA 18702
(570) 826-0510
*Carbon, Luzeme, Schuylkill, Wyoming
Community Action Commission of Capital
Region
1514 Deny Street
Harrisburg, PA 17094
(717) 232-9757
*Cumberland, Dauphin, Franklin, Perry, Synder
Community Action Committee of the Lehigh
Valley
1337 Fast Fifth Street
Bethlehem, PA 18015
(610) 691-5620
*Berks, Carbon, Lehigh, Monroe,
Northhampton
Community Action Development Comm -
CADCOM
113 E Main Street
Norristown, PA 19401
(610) 277-0363
*Montgomery
Community Action Southwest
150 W Beau Street, Suite 304
Washington, PA 15301
(724) 225-9550
*Monroe
Community Action Southwest
58 E Greene Street
Waynesburg, PA 15370
(724) 852-2893
*Alleghery, York, Fayette, Greene,
Washington, Westmoreland
Comm. on Econ. Opportunity of Luzeme
County
163 Amber Lane
WilkesBane, PA 18702
(570) 826-0510
(800) 822-0359
*Wyoming
Congreso
216 West Somerset Street
Philadelphia, PA 19133
(215) 763-6870
*Philadelphia
Council of Spanish Speaking Organization
705-09 North Franklin St
Philadelphia, PA 19123
(215) 627-3100
`Philadelphia
Credit Counseling Center
832 Second Street Pike
Richboro, PA 18954
(215) 396-1880
*Bucks
Diversified Community Service
Dixon House
1920 South 20th Sheet
Philadelphia, PA 19145
(215) 336-3511
*Bucks, Chester, Delaware, Philadelphia
Fair Housing Partnership of Greater Pittsburgh,
Inc.
2840 Liberity Ave., Suite 205
Pittsburgh, PA 15222
(412) 391-2535
*Allegheny
Fayette Co. Community Action Agency Inc
137 North Beeson Avenue
Uniontown, PA 15401
(724) 437-0060
*Fayette, Somerset
FOB CDC
1201 West Only Avenue
Philadelphia, PA 19141
(215) 549-9755
*Bucks, Chester, Delaware, Philadelphia
Garfield Jubilee Associates
5138 Penn Avenue
Pittsburgh, PA 15224
(412) 665-5200
*Allegheny
Germantown Settlement
5538 Wayne Avenue Bldg C
Philadelphia, PA 19144
(215) 849-3104
*Bucks, Chester, Delaware, Montgomery,
Philadelphia
Greater Erie Commun. Action Committee
18 West 9th Street
Erie, PA 16501
(814) 459-4581
*Crawford, Erie, Venango, Warren
HACE
167 W Allegheny Ave., 2nd Floor
Philadelphia, PA 19140
(215) 426-0025
*Burka, Chester, Delaware, Philadelphia
Hispanic Alliance for Community Advancement
2740 North Front Street
Philadelphia, PA 19133
(215)667.8932
`Monroe
Housing Assoc. of Delaware Valley
658 North Watts Street
Philadelphia, PA 19123
(215) 978-0224
'Philadelphia, Monroe
Housing Opportunities of Beaver Co.
320 College Avenue, Unit 1
Beaver, PA 15009
(724) 728-7511
*Beaver, Lawrence
Housing Partnership of Chester County
41 West Lancaster Avenue
Downirgpv n, PA 19335
(610) 518-1522
*Chester, Delaware, Montgomery
Indiana Co. Community Action Prog.
827 Water Street Box 187
Indiana, PA 15701
(724)465-2657
*Armstrong, Cambria, Clearfield, Indiana,
Jefferson, Washnweland
Intercultural Family Services Inc.
4225 Chestnut Street
Philadelphia, PA 19104
(215) 386-1298
*Philadelphia
Korean Comm. Develop. Services Center
6055 North 5th Street
Philadelphia, PA 18505
(215)276.8830
*Philadelphia
Lawrence County Social Services, Inc.
241 West Grant Street
P.O. Box 189
New Castle, PA 16103
(724) 658-7258
*Lawrence
Liberty Resources
714 Market Street, Suite 100
Philadelphia, PA 19106
(215) 634-2000
*Philadelphia
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 1711
(717) 232-2207
*Cumberland, Dauphin, Perry
Lycom-Clntn Co Comm to Comm Action
2138 Lincoln Street
P.O. Box 3568
Williamsport, PA 17703
(570) 326-0587
*Centre, Clinton, Lycoming, Union
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
(717) 762-3285
*Adams, Cumberland, Franklin, Fulton, Perry
Media Fellowship House
302 South Jackson Street
Media, PA 19063
(610) 565-0434
*Chester, Delaware
Mon Valley Unemployment Committee
1800 West St., 3rd Floor
Homestead, PA 15120
(412) 462-9962
*Allegheny, Washington, Weshnoreland
ML Airy, USA
6703 Germantown Ave., Suite 200
Philadelphia, PA 19119
(215) 844-6021
*Philadelphia
Nazareth Housing Services
301 Bellevue Road
Pittsburgh, PA 15229
(412) 931-6996
*Allegheny
* Indicates Counties Serviced
Neighborhood Housing Services of Reading
213 N 5th St., Suite 1030
Reading, PA 19601
(610) 372-8433
.Berke
Neghbortmod Housing Services, Inc.
710 5th Avenue, Suite 1000
Pittsburgh, PA 15219
(412) 281-9773
.Allegheny
New Kensignton Community Development
2515 Frankford Avenue
Philadelphia, PA 19125
(215) 427-0350
.Warren
The NORCAM Group
4200 Crawford Avenue Suite 200
Northern Cambria, PA 15714
(814) 948-4444
.Cambria, Clearfield
Northam Tier Community Action Corp.
135 West 4th Street
P.O. Box 389
Emporium, PA 15834
(814) 4861161
`Cameron, Elk, Mckean, Potter
Northwest Counseling Service
5001 North Broad Street
Philadelphia, PA 19141
(215) 324-7500
.Bucks, Chester, Delaware, Montgomery,
Philadelphia
Nueva Esperanza
4261 North 5th Street
Philadelphia, PA 19140
(215) 324-0746
.Philadelphia
Opportunity Inc.
301 East Market Street
York, PA 17403
(717) 424-3645
.Montgomery
The Partnership CDC
4020 Market Street, Suite 100
Philadelphia, PA 19104
(215) 662-1612
'Monroe
Pennsylvania Housing Finance Agency
2275 Swallow Hill Rd., Bldg 200
Pittsburgh, PA 15220
(412) 429-2842
'Allegheny
PHFA
211 North Front Street
Harrisburg, PA 17110
(800-) 342-2397
'Cumberland, Dauphin
Philadelphia Council for Comm. AdvmnL
100 N 17th St, Suite 600
Philadelphia, PA 19103
(215) 567-7803
(800) 930-4663
.Chester, Delaware, Montgomery, Philadelphia
Philadelphia Senior Center
509 South Broad Street
Philadelphia, PA 19147
(215)546-5879
`Philadelphia
Schuy6dll Community Action
225 N. Centre Street
Pottsville, PA 17901
(570) 622-1995
`Barks, Carbon, Lebanon, Lehigh, Luaeme,
Northumberland, Schuylkill
Shenango Valley Urban League, Inc.
601 Indiana Avenue
Farrell, PA 16121
(724) 981-5310
.Crawford, Lawrence, Mercer
South Philadelphia H.O.M.E.S.
1444 Point Breeze Avenue
Philadelphia, PA 19146
(215) 3344130
.Philadelphia
Southwest Community Development Corp.
6368 Paschall Avenue
Philadelphia, PA 19142
(215) 729-0600
*Montgomery
St Martin Center
1701 Parade Street
Erie, PA 16503
(814) 452-6113
.Crawford, Erie, Venango, Warren
Tableland Services Inc.
535 East Main Street
Somerset, PA 15501
(814)445.9628
-Cambria, Fayette, Somerset, Westmoreland
Tabor Community Services
308 E King Street, Suite 1
Lancaster, PA 17602
(717) 397-5182
(800) 788-5062
.Chester, Lancaster, Lebanon
The Trehab Center of Northeastern PA
10 Public Avenue
P.O. Box 366
Montrose, PA 18801
(570) 278-3338
(800) 982-4045
'Susquehanna
The Trehab Center of Northeastern PA
115 SR 92S
Tuckhannock, PA 18657
(570) 836-0840
(800) 982-4045
'Wyoming
The Trehab Center of of Northeastern PA
1225 Main Street
Honesdale, PA 18431
(570) 253-8941
(800) 982-4045
.Bradford, Sullivan, Susquehanna, Toga,
Wayne, Wyoming
The Trehab Center of Northeastern PA
144 E East Avenue
Wellsboro, PA 16901
(570) 724-5252
(800) 982-4045
'Tioga
The Trehab Center of Northeastern PA
German Strad:
P.O. Box 389
Dushore, PA 18614
(570) 928-9667
(800) 982-4045
.Sullivan
The Trehab Center of Northeastern PA
The Enterprise Center
703 S. Elmer Ave., Suite M-6
Sayre, PA 18840
(570) 888-0412
(800) 982-4045
.Bradford
United Comrmndes Southeast Philadelphia
2029 South 8th Street
Philadelphia, PA 19148
(215) 467-8700
.Philadelphia
United Neighborhood Centers of Northeastern
PA
425 Alder Street
Scranton, PA 18505
(570) 346-0759
.Lackawanna, Wyoming, Wayne, Luzeme
Urban League of Philadelphia
1818 Market Sheet
Philadelphia, PA 19103
(215) 561-6070
-Bucks, Delaware, Philadelphia
Urban League of Philadelphia
610 Wood Sheet
Pittsburgh, PA 15229
(412) 931-0996
'Allegheny
Voices for Independence
1107 Payne Avenue
Erie, PA 16503
(814) 874-0064
(800) 838-9890
'Erie
Warren-Forest Counties Economic Opportunity
Council
1209 Pennsylvania Ave W.
P.O. Box 547
Warren, PA 16365
(814) 726-2400
'Forest, Waren
Went Oak Lane CDC
6259 Limekiln Pike
Philadelphia, PA 1914
(215) 224-0680
.Monroe
important message from the Federal Trade Commission
Facing foreclosure? Scammers are targeting people having trouble paying their mortgages.
Some claim to be able to "rescue" homeowners from foreclosures, while others promise loan
modifications - for a fee. The Federal Trade Commission, the nation's consumer protection
agency, wants you to know how to avoid scams that could make your housing situation go from bad to
worse.
Don't Get Hit by a Pitch.
"We can stop your foreclosure!"
"97% success rate!"
"Guaranteed to save your home!"
These kinds of claims are the tell-tale signs of
a foreclosure rip-off. Steer clear of anyone
who offers an easy out.
Don't Pay for a Promise.
Don't pay any business, organization, or
person who promises to prevent foreclosure or
get you a new mortgage. These so-called
"foreclosure rescue companies" claim they
can help save your home, but they're out to
make a quick buck. Some may request hefty
fees in advance - and then stop returning your
calls. Others may string you along before
disclosing their charges. Cut off all dealings if
someone insists on a fee.
Send Payments Directly.
Some scammers offer to handle financial
arrangements for you, but then just pocket
your payment. Send your mortgage payments
ONLY to your mortgage servicer.
Don't Pay for a Second Opinion.
Have you applied for a loan modification and
been turned down? Never pay for a "second
opinion."
Imitations = Frustrations.
Some con artists use names, phone numbers,
and websites to make it look like they're part
of the government. If you want to contact a
government agency, type the web address
directly into your browser and look up any
address you aren't sure about. Use phone
numbers listed on agency websites or in other
reliable sources, like the Blue Pages in your
phone directory. Don't click on links or open
any attachments in unexpected emails.
Talk to a HUD-Certified Counseling
Agency - For Free.
If you're having trouble paying your mortgage
or you've already gotten a delinquency notice,
free help is a phone call away. Call 1-888-995
-HOPE for free personalized advice from
housing counseling agencies certified by the
U.S. Department of Housing and Urban
Development (HUD). This national hotline -
open 24/7 - is operated by the
Homeownership Preservation Foundation, a
nonprofit member of the HOPE NOW
Alliance of mortgage industry members and
HUD-certified counseling agencies. For free
guidance online, visit www.hopenow.com.
For free information on the President's plan to
help homeowners, visit
www.makinghomeaffordable.gov.
Federal Trade Commission
ftc.gov/MoneyMatters
Call
1-888-995-HOPE
for free personalized guidance from housing counseling agencies certified
by the U.S. Department of Housing and Urban Development. The
Homeowner's HOPETM Hotline - open 24/7 - is operated by the
Homeownership Preservation Foundation, a nonprofit member of the
HOPE NOW Alliance of mortgage industry members and
HUD-certified counseling agencies. Or visit
www.hopenow.com
For free information on the President's plan to help homeowners, visit
www.makinghomeaffordable.gov
- HOPENOW
Support d Guidance For Homeowners
¦ AWrm"WOLSM
MAKING HOME AFFORDABLE.GOv
EXHIBIT `D'
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10-09-'07 ".0:54 FROM-Fremier Abstract 7175456153 T-832 7022/822 F-459
1872
FOM 6" (n(c) Oepartmem of the Treasury - Internal Revenue Service
rerM. ftrww 20041 Mode* of federal Tax Lift
Area: Serial Number FW 00onsl use by Retarding OM CO
SI+1 U $US IAOS /SS3U MQLOY&b AREA #3
lien} Unit Phone: (800) 029-3903 199782304 AL'P , l + .
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Code, we an giviag a notice dw Mm (isdoft htbe m - and pews)
batrrc bean amassed apeinst the fod? Wgtarer. We !lave wade. ?? i`!4!
a demand for rirMept of thb VMfkj?, bUt it raeeIdn unpaid. Tb refore,
tbex Is a den M War of dw Mited Stelae an aU PrOpeM mild d *AO to
propwW bdoogtp: to dWs wtpapsr far the aem"t of dk" woes, ad r `-
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Name of Taxpayer GARY L it MARGARET K SHIMLKEL C-; M
Residence 6611 CARLISLE PACE
MECHANICSBURG, PA 3.7050-2707
fiM1lORTA1IT RVAM ]WOMATION: For each assessment lsted below
.
who nartica of the Sion is raged by the date glum in co min (e1. this nods shaft,
an 04 day $Wowing such data. opera/e as a cer"este of (dome as dwrmd
in IRC 8325(a).
!mod of T T rerled As assume La2tlior
(a) (b) {s) (d) (e) {f)
1040 12/31/1998 161-54-8510 07/03/2000 08/02/2010 7834.77
1040 12/3112000 161-54-8510 07/23/2001 08/22/2011 1434.29
1040 12/31/2001 161-54-8510 01/06/2003 02/05/2013 858.40
1040 12/31/2002 161-54-8510 07126/2004 08125/2014 3034.35
Place of Fling
Prothonotary
Cumberland County Total $ 13161.81
Carlisle, PA 17013
This notice was prepared and signed at PHILADELPHIA, PA
on this,
*0 09th dey of November 2004
ftnitura ACS 23-00-0008
for L LRDER • (800) 829-3903
(MORE: Cu rft oSn of ofxoer wed tsy Isw to telce ecknonwledgt?unt 1e r+et ssesnvel to the wedky o1 Neat of FWv81 Ta ism
Rev. RM. 71-"6.1971 -2 C.B. 4021 form 66e(T)(e) MW. 2.20061
part 1 - RMt 1rr Re andlel CKIN CAT. NO 60026%
10-15-'09 14;03 FBOM-
1k#-15-2009 01:13pm From-
14,
T-872 P0002/0002 F-601
T-917 P-002 F-328
2
Department of the Treasury • Internal Revenue Service
440% Form PAb "anwry 20041 0041
Notke of Federal Tax Uen
Area: Serial Number For Optional use b Reccrtl W6
STALL WaINBSSIaBLF MOLOXES AREA 02
Uan Unit Phone: (e00) 829-3903
471486208
093
As provided by mcdon 6321, 6322, and 6323 of the Internal ?+nenue Q
Code, we are ght a notice that taxes (Including Interest and penakl45)
hme been aaessed Aphm the f640?11hamamwl saxpayer. We have no"
d CY
# 25 78
a
emand for paym mt of drls Nablllty, but k reewhts unpaid. Therefor!, j
there is a Ken In favor of the linked States on all property and rights to
?
S'73
propem belonging to this (grayer for the amount of these taxes, aW 0 J
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addkional penakles, Interest, and costs that may accrue.
Name of 'taxpayer GAR L & MARGARET X SHIMMEL
Residence 6611 CARLISLE PIKE
MECHANICSBURG, $A 17050-1707
IHMRTANT RKLEME INFORMATION; For eoch assessment listed below,
unless notice of the lien i, rafiled by the data given In column (e), this notice Oak
on the day following such date, opemQte as a certificate of release as defined
in IRC 8325101.
Tau Porlod Dace of LM for 1lnpald Rslce
KW of Tau Ending Identifying Wumber Assessment Ro l of Assessment
a) (b)
(c)
d
e (12
1040 12/31/1999 XXX-XX-8510 08/1$/2005 09/14/2015 8479.91
1040 12/31/2003 XXX-XX-8510 02/14/2005 03/16/2015 419.95
1040 12/31/2005 XXX-XX-8510 11/06/2006 12/06/2016 2694.48
1040 12/31/2006 XXX-XX-8510 11/05/2007 12/05/2017 113$9.46
A 4
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Place of Fling
Prothonotary
Cumberland County
Carlisle, PA 17013
Total 1$ 22953.70
w
VERIFICATION
I, Gregory Javardian, attorney for Plaintiff, verify that all statements of fact in the foregoing
are based on representations and documents of my client, and that such are true and correct to the
best of my information and belief. I further verify that I was unable to obtain my client's written
verification prior to the filing of the foregoing pleading, but intend to obtain such verification and
substitute it for my own herein in due course. I make this verification subject to the penalties of 18
Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
Dated: /D
ttogirney ory v an, Esquire
fo aintiff
cj?,g
F!
2r, IT n ? [ r°
F78.ro
Ctt4 5?2 7y8
R-'t- a232S72,
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
FlLD-0.? CE
Dr' TE'C F--:, h-'i ', N)TARY
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
2009 NOV -6 AM 10: 25
OFFICE !)P?-ESrERiFF r-[Z ?ILvi
EMC Mortgage Corporation
vs.
Gary Shimmel
Case Number
2009-7301
SHERIFF'S RETURN OF SERVICE
10/27/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and
inquiry for the within named defendant, to wit: The United States of America, but was unable to locate
them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within
Complaint In Mortgage Foreclosure according to law.
10/28/2009 09:15 AM - Dauphin County Return: And now November 2, 2009 at 0915 hours I, Jack Lotwick, Sheriff of
Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within
Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: The United States of
America by making known unto Susan Melendez, adult in charge at Federal Building, 228 Walnut Street
Harrisburg, PA 17108 its contenTss Ind at the same time handing to her personally the said true and
correct copy of the same.
10/30/2009 12:43 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October
30, 2009 at 1243 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: goggy Shimmel, by making known unto Gary Shimmel, husband of
defendant at 6611 Carlisle Pike Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents
and at the same time handing to him personally the said true and correct copy of the same.
10/30/2009 12:43 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October
30, 2009 at 1243 hours, she served a true copy of the within Complaint in Mortgage 'Foreclosure, upon the
within named defendant, to wit:.Qpry Shimmel, by making known unto himself personally, at 6611 Carlisle
Pike Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing
to him personally the said true and correct copy of the same.
SHERIFF COST: $68.00 SO ANSWERS,
epolacrm?
November 04, 2009 R THOMAS KLINE, SHERIFF
BY "`
Deputy Sheriff
(C) CountySuite Sherff, Teieosoft. inc_
LAW OFFICES OF GREGORY JAVARDIAN
BY: GREGORY JAVARDIAN
ID# 55669
1310 INDUSTRIAL BOULEVARD
1ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
TTORNEY FOR PLAINTIFF
EMC MORTGAGE CORPORATION, COURT OF COMMON PLEAS
ATTORNEY-IN-FACT FOR BANK OF
AMERICA, N.A. AS, S/B/M TO LASALLE CIVIL DIVISION
BANK NATIONAL ASSOCIATION
("ASSIGNEE"), F/K/A LASALLE CUMBERLAND COUNTY
NATIONAL BANK, IN ITS CAPACITY AS
INDENTURE TRUSTEE UNDER THAT
CERTAIN SALE AND SERVICING NO. 09-7301 Civil Term
AGREEMENT DATED SEPTEMBER 1, 1999
AMONG AFC TRUST SERIES 1999-3, AS
ISSUER, SUPERIOR BANK FSB, AS
SELLER AND SERVICER, AND LASALLE
BANK NATIONAL ASSOCIATION, AS
INDENTURE TRUSTEE, AFC MORTGAGE
LOAN ASSET BACKED NOTES, SERIES
1999-3 AND ANY AMENDMENTS
THERETO
PLAINTIFF n n
VS. ? C= =-r,
'
rn C/)
r `'t ? r-
GARY SHIMMEL, , ,
A/K/A GARY L. SHIMMEL
PEGGY SHIMMEL,
A/K/A PEGGY K. SHIMMEL, =C:) E5
o
A/K/A MARGARET K. SHIMMEL • • ,?,
THE UNITED STATES OF AMERICA -=
DEFENDANTS
PRAECIPE TO REINSTATE COMPLAINT
TO THE COURT:
Kindly Reinstate the Complaint in Mortgage Foreclosure for an
additional thirty (30) days.
Dated: September 8, 2010 BY
r regory Ja ar ,Esquire 1 J
Attorney for Pl intiff 7
1
C ?f ss&g9
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
C0O?p 0t ?ttutg??,????
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor C??FtrF ; ;t ;u`tzr
EMC Mortgage Corporation
vs.
Gary Shimmel let al.)
Case Number
2009-7301
SHERIFF'S RETURN OF SERVICE
09/22/2010 03:00 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on
September 22, 2010 at 1500 hours, she served a true copy of the within Complaint in Mortgage
Foreclosure, upon the within named defendant, to wit: Gary Shimmel, by making known unto Peggy
Shimmel, Wife of defendant at 6611 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania
17050 its contents and at the same time handing to her personally the said true and correct copy of the
same.
AM NDA COBAUGH EPUTY
09/22/2010 03:00 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on
September 22, 2010 at 1500 hours, she served a true copy of the within Complaint in Mortgage
Foreclosure, upon the within named defendant, to wit: Peggy Shimmel, by making known unto herself
personally, at 6611 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents
and at the same time handing to her personally the said true and corre copy of the same.
AMANDA COBAUGH, PUTY
SHERIFF COST: $53.00
September 23, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
C ? C) CD
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Lam'. ^^,... La_.
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(C7 CountySti to Sheriff. Teieosoft n:c.
~~~1_E~a-o~~ic~
°OE THE PC07~~~'OTA~''~`
William L. Adler, Esquire
4949 Devonshire Rd.
Harrisburg, PA 17109
Phone: 717-652-8989
Fax: 717-307-3343
2010 OCT I ~ FN 1 ~ 50
CtlMBERLAND ~OU~T`l
~~~~~~~Y~,~~~
Email: BAL@Bi11Ad1erLaw.com
EMC MORTGAGE CORPORATION,
ATTORNEY-IN-FACT FOR BANK OF
AMERICA, N.A.. AS, S!B/M TO LASALLE
BANK NATIONAL ASSOCIATION
("ASSIGNEE"), FORMERLY KNOWN AS
LASALLE NATIONAL BANK, IN ITS
CAPACITY AS INDENTURE TRUSTEE
UNDER THAT CERTAIN SALE AND
SERVICING AGREEMENT DATED
SEPTEMBER 1,1999 AMONG AFC TRUST
SERIES 1993-3, AS ISSUER, SUPERIOR
BANK FSB, AS SELLER AND SERVICER,
AND LASALLE BANK NATIONAL
ASSOCIATION, AS INDENTURE
TRUSTEE, AFC MORTGAGE LOAN
ASSET-BACKED NOTES, SERIES 1993-3
AND ANY AMENDMENTS THERETO,
PLAINTIFFS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION -LAW
NO. 09-7301, CIVIL TERM
COMPLAINT IN MORTGAGE
FORECLOSURE
V.
GARY SHIMMEL, A/K/A GARY L.
SHIMMEL, PEGGY SHIMMEL, A!K/A
PEGGY K. SHIMMEL, A/K/A MARGARET
K. SHIMMEL,
DEFENDANTS
NOTICE TO PLEAD
You are hereby notified to plead to the enclosed Preliminary Objections within
Twenty (20) days from service hereof or a default judgment may be entered against you.
William L. Adler, Esquire
4949 Devonshire Rd.
Harrisburg, PA 17109
Phone: 717-652-8989
Fax: 717-307-3343
Email: BAL@Bi1lAdlerLaw.com
EMC MORTGAGE CORPORATION,
ATTORNEY-IN-FACT FOR BANK OF
AMERICA, N.A.. AS, S/B/M TO LASALLE
BANK NATIONAL ASSOCIATION
("ASSIGNEE"), FORMERLY KNOWN AS
LASALLE NATIONAL BANK, IN ITS
CAPACITY AS INDENTURE TRUSTEE
UNDER THAT CERTAIN SALE AND
SERVICING AGREEMENT DATED
SEPTEMBER 1,1999 AMONG AFC TRUST
SERIES 1993-3, AS ISSUER, SUPERIOR
BANK FSB, AS SELLER AND SERVICER,
AND LASALLE BANK NATIONAL
ASSOCIATION, AS INDENTURE
TRUSTEE, AFC MORTGAGE LOAN
ASSET-BACKED NOTES, SERIES 1993-3
AND ANY AMENDMENTS THERETO,
PLAINTIFFS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION -LAW
NO. 09-7301, CIVIL TERM
COMPLAINT IN MORTGAGE
FORECLOSURE
V.
GARY SHIMMEL, A/K/A GARY L.
SHIMMEL, PEGGY SHIMMEL, A/K/A
PEGGY K. SHIMMEL, A/K/A MARGARET
K. SHIMMEL,
DEFENDANTS
PRELIMINARY OBJECTIONS OF DEFENDANTS
AND NOW COME the Defendants, through their attorney, William L. Adler, and
respectfully represents the following:
Failure of Pleading to Conform to Law or Rule of Court (Pa R C P 1028(a)(21
1. Pa.R.C.P. 1024 requires that the verification of a pleading be signed by one with personal
knowledge of the facts averred.
2. The complaint was verified by the attorneys filing the complaint.
-1-
3. The attorneys do not have personal knowledge of the facts in the complaint.
4. The complaint is improperly verified in violation of PARCP 1024.
WHEREFORE, Defendants respectfully request that plaintiffs complaint be dismissed.
Insufficient ~ecificity in the Pleadin~[Pa.R.C.P. 1028(a)(311
S. Paragraph one of the complaint references nominees and assignments of the mortgagee.
6. The complaint is not specific enough to determine whether the plaintiff is the correct plaintiff
or not.
7. It cannot be determined whether EMC Mortgage Corporation is in fact the attorney in fact for
Bank of America, N.A., as S/B/M to LaSalle Bank National Association.
8. The assignment of mortgage is from the FDIC in its capacity as conservator for Superior
Federal Bank, FSB.
9. The authority as the conservator was not provided in the complaint.
10. The lender in the mortgage was listed as Superior Bank, FSB, not Superior Federal Bank,
FSB.
11. Although there is a joinder by the FDIC in its capacity as receiver for Superior Bank in the
assignment, it cannot be determined why Superior Bank through the FDIC did not assign the
mortgage.
12. The escrow advance, recoverable balance, and cost of suit and title seazch are insufficiently
explained in paragraph 7 to determine why these charges were included.
WHEREFORE, Defendants respectfully request that plaintiff s complaint be dismis ed.
~% V
William L. Adler, Esquire
Attorney for Defendant
4949 Devonshire Rd.
Harrisburg PA 17109
Phone: 717-652-8989
Fax: 717-307-3343
Email: balna.Billadlerlaw.com
Supreme Court ID: 39844
October 13, 2010
-2-
CERTIFICATE OF SERVICE
I, William L. Adler, Esquire, Attorney for Defendant, hereby certify on October 13, 2010,
I served a copy of the within Preliminary Objections upon the following person by first class
mail, postage prepaid, addressed as follows:
Gregory Javardian Esquire
1310 Industrial Boulevard
First Floor, Suite 101
Southhampton, PA 18966
William L. Adler, Esquire
-3-
LAW OFFICES OF GREGORY JAVARDIAN
BY: GREGORY JAVARDIAN, ESQUIItE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1 sT FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215)942-9690
ATTORNEY FOR PLAINTIFF
EMC MORTGAGE CORPORATION,
ATTORNEY-IN-FACT FOR BANK OF
AMERICA, N.A. AS SB/M TO LASALLE
BANK NATIONAL ASSOCIATION
("ASSIGNEE"), F/K/A LASALLE NATIONAL
BANK, IN ITS CAPACITY AS INDENTURE
TRUSTEE UNDER THAT CERTAIN SALE
AND SERVICING AGREEMENT DATED
SEPTEMBER 1, 1999 AMONG AFC TRUST
SERIES 1999-3, AS ISSUER, SUPERIOR
BANK FSB, AS SELLER AND SERVICER,
AND LASALLE BANK NATIONAL
ASSOCIATION, AS INDENTURE TRUSTEE,
AFC MORTGAGE LOAN ASSET BACKED
NOTES, SERIES 1999-3 AND ANY
AMENDMENTS THERETO
PLAINTIFF
VS.
GARY SHIMMEL A/K/A GARY L. SHIMMEL
PEGGY SHIMMEL A/K/A PEGGY K.
SHIMMEL A/K/A MARGARET K. SHIMMEL
THE UNITED STATES OF AMERICA
DEFENDANTS
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO. 09-7301 CIVIL TERM
~~ ~~
-~
-~ ~ ~ -~
~-, o r~a-
~-
r
~
~~ ~
~~ ~`
~ ,•v
PRAECIPE TO DISMISS COMPLAINT WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly DISMISS, without prejudice, the Complaint in Mortgage Foreclosure filed in the
instant action on October 22, 2009.
Date: 11/1/10
JAVARDIAN
for Plaintiff
a
William L. Adler, Esquire
4949 Devonshire Rd.
Harrisburg, PA 17109
Phone: 717-652-8989
Fax: 717-307-3343
Email: BAL@BillAdlerLaw.com
EMC MORTGAGE CORPORATION,
ATTORNEY-IN-FACT FOR BANK OF
AMERICA, N.A.. AS, SB/M TO LASALLE
BANK NATIONAL ASSOCIATION
("ASSIGNEE"), FORMERLY KNOWN AS
LASALLE NATIONAL BANK, IN ITS
CAPACITY AS INDENTURE TRUSTEE
UNDER THAT CERTAIN SALE AND
SERVICING AGREEMENT DATED
SEPTEMBER 1, 1999 AMONG AFC TRUST
SERIES 1993-3, AS ISSUER, SUPERIOR
BANK FSB, AS SELLER AND SERVICER,
AND LASALLE BANK NATIONAL
ASSOCIATION, AS INDENTURE
TRUSTEE, AFC MORTGAGE LOAN
ASSET-BACKED NOTES, SERIES 1993-3
AND ANY AMENDMENTS THERETO,
PLAINTIFFS
V.
GARY SHIMMEL, A/K/A GARY L.
SHIMMEL, PEGGY SHIMMEL, A/K/A
PEGGY K. SHIMMEL, A/K/A MARGARET
K. SHIMMEL,
DEFENDANTS
THE I FILED-QFFICC
f C t NNoTAR..
??
Za1 7 U DEC i! P14 CUMBERLAND CDU ,
PEENS f t_??yfflii
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 09-7301, CIVIL TERM
COMPLAINT IN MORTGAGE
FORECLOSURE
NOTICE TO PLEAD
You are hereby notified to plead to the enclosed New Matter and Counterclaim within
Twenty (20) days from service hereof or a default judgment may be entered against you.
William L. Adler, Esquire
4949 Devonshire Rd.
Harrisburg, PA 17109
Phone: 717-652-8989
Fax: 717-307-3343
Email: BAL@BillAdlerLaw.com
EMC MORTGAGE CORPORATION,
ATTORNEY-IN-FACT FOR BANK OF
AMERICA, N.A.. AS, SB/M TO LASALLE
BANK NATIONAL ASSOCIATION
("ASSIGNEE"), FORMERLY KNOWN AS
LASALLE NATIONAL BANK, IN ITS
CAPACITY AS INDENTURE TRUSTEE
UNDER THAT CERTAIN SALE AND
SERVICING AGREEMENT DATED
SEPTEMBER 1, 1999 AMONG AFC TRUST
SERIES 1993-3, AS ISSUER, SUPERIOR
BANK FSB, AS SELLER AND SERVICER,
AND LASALLE BANK NATIONAL
ASSOCIATION, AS INDENTURE
TRUSTEE, AFC MORTGAGE LOAN
ASSET-BACKED NOTES, SERIES 1993-3
AND ANY AMENDMENTS THERETO,
PLAINTIFFS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 09-7301, CIVIL TERM
COMPLAINT IN MORTGAGE
FORECLOSURE
V.
GARY SHIMMEL, A/K/A GARY L.
SHIMMEL, PEGGY SHIMMEL, A/K/A
PEGGY K. SHIMMEL, A/K/A MARGARET
K. SHIMMEL,
DEFENDANTS
ANSWER, NEW MATTER AND COUNTERCLAIM OF DEFENDANTS
AND NOW COME the Defendants, through their attorney, William L. Adler, and
respectfully represents the following:
1. Denied. Defendants are unable to determine who the proper plaintiff is and whether they have
standing or not. Proof thereof is demanded at trial.
2. Admitted.
3. Admitted in part and denied in part. It is admitted that plaintiff is bringing this foreclosure
-1-
action. Whether plaintiff is the mortgagee by assignment is a question to be determined.
4. Admitted.
5. Admitted.
6. Denied. After reasonable investigation the plaintiff is without knowledge or information
sufficient to form a belief as to the truth of the averment. Proof thereof is demanded at trial.
7. Denied. After reasonable investigation the plaintiff is without knowledge or information
sufficient to form a belief as to the truth of the averment. Proof thereof is demanded at trial.
8. Admitted.
9. Denied. After reasonable investigation the plaintiff is without knowledge or information
sufficient to form a belief as to the truth of the averment. Proof thereof is demanded at trial.
10. Admitted.
11. Admitted.
12. Denied. After reasonable investigation the plaintiff is without knowledge or information
sufficient to form a belief as to the truth of the averment. Proof thereof is demanded at trial.
13. Denied. This is a conclusion of law to which no responsive pleading is required.
14. Denied. This is a conclusion of law to which no responsive pleading is required.
15. Admitted.
16. Denied. This is a conclusion of law to which no responsive pleading is required.
NEW MATTER
17. The answers to paragraphs 1 through 16 are incorporated herein by reference.
18. The loan that plaintiff made to defendant in September of 1999 was a predatory loan.
19. The interest rate of 10.4% was very high for the market at that time.
20. The promissory note was a balloon note.
21. The monthly mortgage payment without escrows was $857.37.
22. Had the loan being amortized over 30 years, this would have been paid off at the end of the
30 year period with a monthly payment of $857.37.
-2-
23. Instead, plaintiff amortized the loan over 30 years with a balloon payment in 15 years.
24. The balloon payment due at the end of the 15 years would have been $78,856.87 had all
payments been timely made.
25. The plaintiff in the terms of the balloon note (attached to Plaintiffs complaint as Exhibit
"C") made it clear that plaintiff had no obligation to refinance the loan at the end of the 15 year
period.
26. It is believed and therefore averred that plaintiff knew there was a high likelihood that
defendants would be unable to refinance their mortgage at the end of the 15 year period.
27. It is believed and therefore averred that plaintiff calculated that there would be just enough
equity at the end of the 15 year period to make it worthwhile for plaintiff to foreclose on the loan
and take the property back at the time that defendants were unable to refinance the loan.
28. In order to amortize the loan over a 15 year period and have it paid off at the end of the 15
year period, the monthly payment only had to be $1,038.75, just $181.38 more than the required
payment.
29. To make the loan payment terms more onerous for the defendants, in the addendum to
FNMA Note, also in Exhibit "C" of plaintiff s complaint, the plaintiff charged a prepayment
penalty for any prepayment made in the first three years of the loan.
30. The good faith estimate of settlement costs provided by plaintiff to defendant before closing
estimated that the mortgage broker fee would be $3,780.00.
31. The actual fee charged by the broker at settlement was $5,100.00.
32. It is believed and therefore averred that plaintiff had a financial arrangement with the broker,
Capital Group Lending, and that plaintiff benefitted from this higher brokerage fee.
33. The terms of this loan promoted default on the part of the borrower defendants.
34. Loans such as this created the mortgage crisis experienced across the United States in 2008
to 2010.
COUNTERCLAIM
-3-
35. Paragraphs one through 34 are incorporated herein by reference.
36. Plaintiffs conduct in the setting of the terms of this loan violated the Unfair Trade Practices
and Consumer Protection Law.
37. In that plaintiff created the conditions that made default under this loan by borrowers
practically inevitable, Plaintiff has violated the Unfair Trade Practices Act.
38. Section 201-3 of the Pennsylvania Unfair Trade Practices and Consumer Protection Law
(UTPCPL)(73 Pa.C.S. § 201-3) provides that it is unlawful to engage in "unfair or deceptive acts
or practices in the conduct of any trade or commerce."
39. Section 210-2(4)(xxi) of the UTPCPL further provides that "engaging in any other
fraudulent or deceptive conduct which creates a likelihood of confusion or deceptive act or
practice" constitutes an "unfair or deceptive act or practice."
40. The making of predatory loans such as the one being foreclosed upon created a likelihood of
confusion and was a deceptive practice.
41. The charging of excessive brokerage fees far in excess of what was estimated in writing to
the defendants was fraudulent.
42. Defendants believe and therefore aver that Plaintiff had a direct business connection with the
broker and benefitted financially from his overpayment.
43. It is believed and therefore averred that this was common practice by the now defunct
plaintiff nationwide.
44. The actions of plaintiff constitute fraud.
45. Defendant has incurred substantial attorneys' fees to defend the action.
46. Defendant has been wrongfully assessed costs and fees in the foreclosure action.
47. The UTPCPL provides for treble damages in the event of a violation of the Act.
WHEREFORE, Defendant respectfully requests that plaintiffs complaint be dismissed, that
defendants be awarded attorneys' fees, costs of suit, punitive damages, and any other damages
that this Court assesses against Plaintiff in addition to treble damages.
-4-
c.h, 6'?? A?L
'William L. Adler, Esquire
Attorney for Defendants
4949 Devonshire Rd.
Harrisburg PA 17109
Phone: 717-652-8989
Fax: 717-307-3343
Email: bal&Billadlerlaw.com
Supreme Court ID: 39844
December 16, 2010
-5-
VERIFICATION
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING PLEADING
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE
MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S.A. Section 4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE:
Gary Shimmel
Margaf-et S ' el
CERTIFICATE OF SERVICE
I, William L. Adler, Esquire, Attorney for Defendant, hereby certify on December 16,
2010, I served a copy of the within Pleading upon the following person by first class mail,
postage prepaid, addressed as follows:
Gregory Javardian Esquire
1310 Industrial Boulevard
First Floor, Suite 101
Southhampton, PA 18966
'wj?' 4jiL??
William L. Adler. Esquire
-6-
pnT"i0sO AR(
OF TH
2011 ' ,"I?2
G'Jl?
DUANE MORRIS LLP
By: Brett L. Messinger
I.D. No. 63020
30 South 17'h Street
Philadelphia, PA 19103
215.979.1508
215.979.1020 fax
blmessinger(& duanemorris. com
EMC MORTGAGE CORPORATION,
ATTORNEY-IN-FACT FOR BANK OF
AMERICA, N.A., AS SB/M TO
LASALLE BANK NATIONAL
ASSOCIATION ("ASSIGNEE"),
FORMERLY KNOWN AS LASALLE
BANK IN ITS CAPACITY AS
INDENTURE TRUSTEE UNDER THAT
CERTAIN SALE AND SERVICING
AGREEMENT DATED SEPTEMBER 1,
1999 AMONG AFC TRUST SERIES
1993-3, AS ISSUER, SUPERIOR BANK
FSB, AS SELLER AND SERVICER,
AND LASALLE BANK NATIONAL
ASSOCIATION AS INDENTURE
TRUSTEE, AFC MORTGAGE LOAN
ASSET-BACKED NOTES, SERIES
1993-3 AND ANY AMENDMENTS
THERETO
Plaintiff,
VS.
TO THE WITHIN PLAINTIFF - Please take
notice that you are required to plead to the
within New Matter within 20 days or judgment
may be entered against you.
r ?
rett L. Messinger
Attorneys for Plaintiff EMC Mortgage
Corporation, Attorney-In-Fact for Bank of
America, N.A.,, as s/b/m to LaSalle Bank
National Association ("Assignee"), formerly
known as LaSalle Bank in Its Capacity as
Indenture Trustee Under That Certain Sale and
Servicing Agreement Dated September 1, 1999
Among AFC Trust Series 1993-3, As Issuer,
Superior Bank FSB, As Seller and Servicer,
and LaSalle Bank National Association as
Indenture Trustee, AFC Mortgage Loan Asset-
Backed Notes, Series 1993-3 and Any
Amendments Thereto.
§ IN THE COURT OF COMMON PLEAS
§ OF CUMBERLAND COUNTY
§ CIVIL ACTION
§ NO.: 09-7301
GARY SHIMMEL, A.K.A., GARY L §
SHIMMEL, PEGGY SHIMMEL, §
A.K.A., PEGGY K. SHIMMEL, A.K.A., §
MARGARET SHIMMEL, §
Defendants. §
PLAINTIFF ANSWER TO NEW MATTER AND COUNERCLAIMS
WITH NEW MATTER AFFIRMATIVE DEFENSES
COMES NOW, Plaintiff EMC Mortgage Corporation, Attorney-In-Fact for Bank of
America, N.A., as s/b/m to LaSalle Bank National Association ("Assignee"), formerly known as
LaSalle Bank in Its Capacity as Indenture Trustee Under That Certain Sale and Servicing
Agreement Dated September 1, 1999 Among AFC Trust Series 1.993-3, As Issuer, Superior Bank
FSB, As Seller and Servicer, and LaSalle Bank National Association as Indenture Trustee, AFC
Mortgage Loan Asset-Backed Notes, Series 1993-3 and Any Amendments Thereto ("EMC"), by
and through its undersigned counsel, Duane Morris LLP, for its Answer to Defendants' New
Matter and Counterclaims, with New Matter Affirmative Defenses, states:
AS TO THE NEW MATTER
17. Plaintiff incorporates herein the allegations of its Complaint as though more fully
set forth herein at length.
18. Denied. Plaintiff denies the allegations contained in paragraph 18 of the New
Matter.
19. Denied. Plaintiff denies the allegations contained in paragraph 19 of the New
Matter.
20. Admitted in part, denied in part. The Note is a document which speaks for itself.
Therefore, Plaintiff admits so much of the allegations contained in paragraph 20 of the New
Matter which are consistent with the Note and denies so much of the allegations which are not.
21. Admitted in part, denied in part. The amount of the monthly payments are set
forth or calculable by reference to the loan documents. Therefore, Plaintiff admits so much of
the allegations contained in paragraph 21 of the New Matter which are consistent with the loan
documents and denies so much of the allegations which are not.
22. Denied as stated. The Note is an amortized loan based upon a 30-year
amortization table, with the final payment being due upon maturity of the Note, as more fully
described in the Note.
23. Admitted in part, denied in part. The Note is a document which speaks for itself.
Therefore, Plaintiff admits so much of the allegations contained in paragraph 23 of the New
Matter which are consistent with the Note and denies so much of the allegations which are not.
24. Admitted in part, denied in part. The Note is a document which speaks for itself.
Therefore, Plaintiff admits so much of the allegations contained in paragraph 24 of the New
Matter which are consistent with the Note and denies so much of the allegations which are not.
25. Admitted.
26. Denied. Plaintiff denies the allegations contained in paragraph 26 of the New
Matter.
27. Denied. Plaintiff denies the allegations contained in paragraph 27 of the New
Matter.
28. Denied. Plaintiff denies the allegation contained in paragraph 28 of the New
Matter.
29. Admitted in part, denied in part. The Note and Addendum are documents which
speak for themselves. Therefore, Plaintiff admits so much of the allegations contained in
paragraph 29 of the New Matter which are consistent with the Note and Addendum and denies so
much of the allegations which are not.
30. Admitted in part, denied in part. The Good Faith Estimate is a document which
speaks for itself. Therefore, Plaintiff admits so much of the allegations contained in paragraph
30 of the New Matter which are consistent with the Good Faith Estimate and denies so much of
the allegations which are not.
31. Admitted in part, denied in part. The broker's fees is contained in the HUD-1
Settlement Statement, which is a document which speaks for itself. Therefore, Plaintiff admits
so much of the allegations in paragraph 31 which are consistent with the HUD-1 Settlement
Statement and denies so much of the allegations which are not.
32. Denied. Plaintiff denies the allegations contained in paragraph 32 of the New
Matter.
33. Denied. Plaintiff denies the allegations contained in paragraph 33 of the New
Matter.
34. Denied. Plaintiff denies the allegations contained in paragraph 34 of the New
Matter
AS TO THE NEW MATTER
35. Plaintiff incorporates herein the allegations of its Complaint and its Answers
above as though more fully set forth herein at length.
36. Denied. Plaintiff denies the allegations contained in paragraph 36 as a conclusion
to which no response is required.
37. Denied. Plaintiff denies the allegations contained in paragraph 37 as a conclusion
to which no response is required.
38. Denied. Plaintiff denies the allegations contained in paragraph 38 as a conclusion
to which no response is required.
39. Denied. Plaintiff denies the allegations contained in paragraph 39 as a conclusion
to which no response is required.
40. Denied. Plaintiff denies the allegations contained in paragraph 40 as a conclusion
to which no response is required.
41. Denied. Plaintiff denies the allegations contained in paragraph 41 as a conclusion
to which no response is required.
42. Denied. Plaintiff denies the allegations contained in paragraph 42 of the
Counterclaim.
43. Denied. Plaintiff denies the allegations contained in paragraph 43 of the
Counterclaim.
44. Denied. Plaintiff denies the allegations contained in paragraph 44 as a conclusion
to which no response is required.
45. Denied. Plaintiff denies the allegations contained in paragraph 45 of the
Counterclaim.
46. Denied. Plaintiff denies the allegations contained in paragraph 46 of the
Counterclaim.
WHEREFORE, Plaintiff requests that it be awarded judgment in its favor and against
Defendants on their Counterclaims, that costs be taxed against Defendants and that Defendants
take nothing.
NEW MATTER AFFIRMATIVE DEFENSES
47. Plaintiff incorporates herein the allegations of its Complaint and its Answers
above as though more fully set forth herein at length.
48. Plaintiff incorporates by reference the allegations in its Foreclosure Complaint as
though more fully set forth herein at length.
49. Defendants have failed to set forth, in whole or in part, a cause of action for which
relief may be granted.
50. Defendants' claims are barred, in whole or in part, by the statute of limitations.
51. Defendants' claims are barred, in whole or in part, by res judicata and/or
collateral estoppel.
52. Defendants' claims against Plaintiff are barred by the doctrine of laches.
53. Defendants' claims against Plaintiff are barred by the doctrine of estoppel.
54. Defendants' claims against Plaintiff are barred by the doctrine of waiver.
55. Defendants failed to mitigate their damages, if any, and therefore any recovery
awarded to Defendants against Plaintiff should be barred or reduced by such amount.
56. Plaintiff denies that Defendants are entitled to recover punitive damages based on
the allegations set forth in Defendants' Counterclaims. Plaintiff :further states that the imposition
of punitive damages violates the provisions of the due process clause, equal protection clause,
excess fines clause and other clauses contained in the Constitutions of the United States,
Pennsylvania and other states. Further, the correct burden of proof for the imposition of punitive
damages is by "clear and convincing evidence" and/or "beyond a reasonable doubt." Any lesser
standard violates the provisions of the due process clause of the Constitutions of the United
States, Pennsylvania, and other states.
57. The loan was originated by a national bank or operating subsidiary of a national
bank. As such, Plaintiff cannot be held liable under state laws which are inconsistent with or
otherwise preempted by banking regulation.
58. Plaintiff is a holder in due course.
59. Pennsylvania Rule of Procedure 1148 bars some or all of the counterclaims being
asserted by Defendants.
60. Plaintiff is not the originator of the loan at issue.
61. Plaintiff's loan was originated in 1999.
62. The counterclaim was instituted more than six years after the closing of the loan
transaction.
63. Actions under the Pennsylvania Unfair Trade Practices and Consumer Protection
Law must be brought within six years.
64. Defendants have failed to file their Counterclaim within the period for statute of
limitations.
65. Defendants have not otherwise tolled the statue off limitations.
66. Accordingly, Defendants' Counterclaims are untimely and must be dismissed.
DUANE MORRIS LLP
By.
Brett L. Messinger (6302
30 South 17th Street
Philadelphia, PA 19103-4196
Telephone: 215.979.1000
Attorneys for Plaintiff
Dated: January 6, 2011
VERIFICATION
I, Brett L. Messinger, verify that the statements made in the forgoing Plaintiff Answer to
New Matter and Counterclaims with New Matter Affirmative Defenses are true and correct to
the best of my knowledge, information and belief. I understand that if any of the statements
contained therein are willfully false, I am subject to the penalties of 18 Pa. C.S. §4094 relating to
unsworn falsification to authorities
AZYA4"Llv?
Brett L. Messinger 61
DUANE MORRIS LLP
By: Brett L. Messinger
I.D. No. 63020
30 South 17'' Street
Philadelphia, PA 19103
215.979.1508
215.979.1020 fax
blmessinger(cD,duanemorris. com
EMC MORTGAGE CORPORATION,
ATTORNEY-IN-FACT FOR BANK OF
AMERICA, N.A., AS S/B/M TO
LASALLE BANK NATIONAL
ASSOCIATION ("ASSIGNEE"),
FORMERLY KNOWN AS LASALLE
BANK IN ITS CAPACITY AS
INDENTURE TRUSTEE UNDER THAT
CERTAIN SALE AND SERVICING
AGREEMENT DATED SEPTEMBER 1,
1999 AMONG AFC TRUST SERIES
1993-3, AS ISSUER, SUPERIOR BANK
FSB, AS SELLER AND SERVICER,
AND LASALLE BANK NATIONAL
ASSOCIATION AS INDENTURE
TRUSTEE, AFC MORTGAGE LOAN
ASSET-BACKED NOTES, SERIES
1993-3 AND ANY AMENDMENTS
THERETO
Plaintiff,
VS.
GARY SHIMMEL, A.K.A., GARY L
SHIMMEL, PEGGY SHIMMEL,
A.K.A., PEGGY K. SHIMMEL, A.K.A.,
MARGARET SHIMMEL,
Defendants.
Attorneys for Plaintiff EMC Mortgage
Corporation, Attorney-In-Fact for Bank of
America, N.A., as s/b/m to LaSalle Bank
National Association ("Assignee"), formerly
known as LaSalle Bank in Its Capacity as
Indenture Trustee Under That Certain Sale and
Servicing Agreement Dated September 1, 1999
Among AFC Trust Series 1993-3, As Issuer,
Superior Bank FSB, As Seller and Servicer,
and LaSalle Bank National Association as
Indenture Trustee, AFC Mortgage Loan Asset-
Backed Notes, Series 1993-3 and Any
Amendments Thereto.
§ IN THE COURT OF COMMON PLEAS
§ OF CUMBERLAND COUNTY
§ CIVIL ACTION
§ NO.: 09-7301
DM 1\2455861.1
CERTIFICATE OF SERVICE
I, Brett L. Messinger, certify that a true and correct copy of the within Plaintiff Answer to
New Matter and Counterclaims with New Matter Affirmative Defenses was served upon all
counsel of records and unrepresented parties, via United States first class mail, postage prepaid,
this 6`h day of January 2011, addressed as follows:
William L. Adler, Esquire
4949 Devonshire Road
Harrisburg, PA 17109
Gregory Javardian, Esquire
Law Offices of Gregory Javardian
1310 Industrial Blvd., Ste 101
Southampton, PA 18966
)Brett L. Messinger
10
DM 1 \2455861.1
111 S'itIT"
0 T das_ t 11 31.i ?,1+
William L. Adler, Esquire
4949 Devonshire Rd.
Harrisburg, PA 17109
Phone: 717-652-8989
Fax: 717-307-3343
2011 FEE -2 10: 5?
a'iw VE re'.nf
Email: BAL@BillAdlerLaw.com
EMC MORTGAGE CORPORATION,
ATTORNEY-IN-FACT FOR BANK OF
AMERICA, N.A.. AS, S/B/M TO LASALLE
BANK NATIONAL ASSOCIATION
("ASSIGNEE"), FORMERLY KNOWN AS
LASALLE NATIONAL BANK, IN ITS
CAPACITY AS INDENTURE TRUSTEE
UNDER THAT CERTAIN SALE AND
SERVICING AGREEMENT DATED
SEPTEMBER 1, 1999 AMONG AFC TRUST
SERIES 1993-3, AS ISSUER, SUPERIOR
BANK FSB, AS SELLER AND SERVICER,
AND LASALLE BANK NATIONAL
ASSOCIATION, AS INDENTURE
TRUSTEE, AFC MORTGAGE LOAN
ASSET-BACKED NOTES, SERIES 1993-3
AND ANY AMENDMENTS THERETO,
PLAINTIFFS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 09-7301, CIVIL TERM
COMPLAINT IN MORTGAGE
FORECLOSURE
V.
GARY SHIMMEL, A/K/A GARY L.
SHIMMEL, PEGGY SHIMMEL, A/K/A
PEGGY K. SHIMMEL, A/K/A MARGARET
K. SHIMMEL,
DEFENDANTS
REPLY TO NEW MATTER
AND NOW COME the Defendants, through their attorney, William L. Adler, and
respectfully represents the following:
47. Denied.
48. Denied.
49. Denied. This is a conclusion of law to which no responsive pleading is required.
50. Denied. This is a conclusion of law to which no responsive pleading is required.
-1-
51. Denied. This is a conclusion of law to which no responsive pleading is required.
52. Denied. This is a conclusion of law to which no responsive pleading is required.
53. Denied. This is a conclusion of law to which no responsive pleading is required.
54. Denied. This is a conclusion of law to which no responsive pleading is required.
55. Denied. This is a conclusion of law to which no responsive pleading is required.
56. Denied. This is a conclusion of law to which no responsive pleading is required.
57. Denied. This is a conclusion of law to which no responsive pleading is required.
58. Denied. After reasonable investigation the plaintiff is without knowledge or information
sufficient to form a belief as to the truth of the averment. Proof thereof is demanded at trial.
59. Denied. This is a conclusion of law to which no responsive pleading is required.
60. Denied. After reasonable investigation the plaintiff is without knowledge or information
sufficient to form a belief as to the truth of the averment. Proof thereof is demanded at trial.
61. Admitted.
62. Admitted.
63. Denied. This is a conclusion of law to which no responsive pleading is required.
64. Denied. This is a conclusion of law to which no responsive pleading is required.
65. Denied. This is a conclusion of law to which no responsive pleading is required.
66.Denied. This is a conclusion of law to which no responsive pleading is required.
WHEREFORE, Defendant respectfully requests that plaintiffs complaint be dismissed, that
defendants be awarded attorneys' fees, costs of suit, punitive damages, and any other damages
that this Court assesses against Plaintiff in addition to treble damages.
Wi liam L. Adler, Esquire
Attorney for Defendants
4949 Devonshire Rd.
Harrisburg PA 17109
Phone: 717-652-8989
Fax: 717-307-3343
Email: baiaBilladlerlaw.com
Supreme Court ID: 39844
January 31, 2011
-2-
CERTIFICATE OF SERVICE
I, William L. Adler, Esquire, Attorney for Defendant, hereby certify on January, 31, 2011,
I served a copy of the within Pleading upon the following person by first class mail, postage
prepaid, addressed as follows:
DUANE MORRIS, LLP
Brett L. Messinger, Esquire
30 South 17th St.
Philadelphia, PA 19103-4196
&A nA
William L. Ad er. Es uire
-3-
VERIFICATION
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING PLEADING
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE
MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S.A. Section 4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE: i I f (I
? , Z?,s ? .7
Gary Shimmel
ti
DUANE MORRIS LLP
By: Brett L. Messinger
I.D. No. 63020
30 South 17* Street
Philadelphia, PA 19103
215.979.1508 / 1112
215.979.1020 fax
blmessin¢eEftanemorris.eom
EMC MORTGAGE CORPORATION,
Plaintiffs,
VS.
GARY SHEV MEL, A/K/A GARY L.
SHIMMEL, PEGGY SHIMMEL,
A/IUA PEGGY X SHIMMEL, A/K/A
MARGARET X SHIMMEL,
Defendants.
$
$
$
$
Attorneys for EMC Mortgage LLC, formerly
known as EMC Mortgage Corporation,
Attorney-In-Fact For Bank of America, N.A.,
As Trustee of AFC Mortgage Loan Asset-
Backed Notes, Series 1993-3,
Without Recourse
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL DIVISION
NO.: 09-7301 CIVIL TERM
STIPULATION AND PROPOSED ORDER
IT IS HEREBY STIPULATED AND AGREED by and between The Law Offices of
William L. Adler (William L. Adler, appearing) on behalf of Defendants Gary Shimmel, also
known as Gary L. Shimmel, and Peggy Shimmel, also known as Margaret K. Shimmel
("Defendants"), and Duane Morris LLP (Brett L. Messinger, appearing) on behalf of EMC
Mortgage LLC, formerly known as EMC Mortgage Corporation, Attorney-ln-Fact For Bank of
America, N.A., As Trustee of AFC Mortgage Loan Asset-Backed Notes, Series 1993-3, Without
Recourse ("EMC"):
(1) that judgment in rem, for the sum of S 1 19,548.93, together with interest from
February 29, 2012 at the rate of $22.07 per diem to the date of the Judgment, and other costs and
charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged
property should be entered in favor of EMC, its. successor and/or assigns and against
DM N270W.1
Defendants; (2) that upon the later of: (i) foreclosure sale of the Property to a third party; or (ii)
15 days of the delivery of the Sheriff's Deed to JPMorgan Chase Bank, N.A., it successor and/or
assigns and delivery of the Property in a broom swept condition, EMC, its successors and/or
assigns shall pay to Defendants the sum of $1,500; and (3) that upon receipt of the $1,500,
Defendants shall withdraw its Answer and Counterclaim by fl
THE LAW OFFICES OF 1LLIAM L. ADLER
tx;ti' r"
By- William L. Ad r
vV AAttomey?s for Defendants
DUANE
By;
Attorneys for EMC Mortgage LLC, formerly
known as EMC Mortgage Corporation, Attorney-
In-Fact For Bank of America, N.A., As Trustee of
AFC Mortgage Loan Asset-Backed Notes, Series
1993-3, without Recourse
ORDER
AND NOW, to wit, this AAay of iJi,,J L , 2012,
upon Consideration of the Stipulation of the Parties, it is HEREBY ORDERED:
That judgment in rear, is entered in favor of EMC Mortgage LLC, formerly
known as EMC Mortgage Corporation, Attorney-In-Fact For Bank of America, N.A., As Trustee
of AFC Mortgage Loan Asset-Backed Notes, Series 1993-3, without Recourse ("EMC") and
against Defendants for the sum of $119,548.93, together with interest from February 29, 2012 at
the rate of'$22.07 per diem to the date of the Judgment, and other costs and charges collectible
under the Mortgage and for the foreclosure and sale of the mortgaged property
That EMC shall pay to Defendants the sum of $1,500 upon the later of either (`i)
the sale of the Property at foreclosure sale to a third party; or (ii) receipt by EMC, its successor
and/or assigns of the Sheriff's Deed and delivery of the Property within 15 days thereof in a
broom swept condition;
i
DSH 3270606 i
Y
3. That Defendants shall withdraw their Answer and Counterclaim against EMC
with prejudice upon payment of the aforementioned 51,500. and
4. The Court shall retain jurisdiction to enforce the Stipulation and Order.
AWf-1S SO RDERED:
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3
T'}uaneNjorris• dAFFILIATEOFFICES
FIRM
aa
NEW YORK
LONDON
SINGAPORE
PHILADELPHIA
ARTHUR R. ARMSTRONG CHICAGO
DIRECT DIAL: +1215 979 1134 WASHINGTON, DC
PERSONAL FAX: +1215 827 5489 SAN FRANCISCO
E-MAIL: ararmstrong@duanemonis.com SAN DIEGO
BOSTON
www.duanemorris.com HOUSTON
LOS ANGELES
HANOI
HO CHI MINH CITY
ATLANTA
BALTIMORE
WILMINGTON
MIAMI
Cumberland County Court of Common Pleas PITTSBURGH
Chambers of the Hon. Edward E. Guido LAS VEGAS
Attn: Sandy CHERRY HILL
I Courthouse Sq., Suite 100 BOCARATON
LAKETAHOE
Carlisle, PA 17013
MEXICO CITY
ALLIANCE WITH
Re: EMC Mortgage Corporation v. Shimmel, et al. MIRANDA&ESTAVRLO
No. 09-7301
Dear Sandy:
This firm represents EMC Mortgage Corporation in connection with the above matter.
Following up on our telephone call last week, I am enclosing the original executed copy
of the Stipulation and Proposed Order filed in the above referenced matter, per your request.
Thank you for your attention to this matter, and please feel free to contact me if you have
any questions.
Very truly yours,
Arthur R. Armstrong
ARA:det
Enclosure
cc: William Adler, Esq.
DUANE MORRIS LLP
30 SOUTH 17TH STREET PHILADELPHIA, PA 19103-4196 PHONE: +1 215 979 1000 FAX: +1 215 979 1020