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HomeMy WebLinkAbout10-72725 LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ~F ~N ~ ~~~r ~~~ ?~~ ~~ ~ ~ Z~{0 ~~ 19 P~ I ~ 01 ~~ ~g ~ ~ S Y~ ~,ti~~~ ~, "" ` . ,rW1,-. ATTORNEY FOR PLAINTIFF t;M(.: MUK"1"GAGE 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 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 CNIL DIVISION CUMBERLAND COUNTY COMPLAINT IN MORTGAGE FORECLOSURE 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. ~~oZ 00 ~'.~ a "a z~,as~'~3$ r ~ 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 LAW OFFICES OF GREGORY JAVARDIAN $Y: } GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF EMC MORTGAGE CORPORATION, COURT OF COMMON PLEAS ATTORNEY-IN-FACT FOR BANK OF AMERICA, N.A. AS , SB/M TO LASALLE CNIL DNISION $ANK NATIONAL ASSOCIATION ("ASSIGNEE"), F/K/A LASALLE CUMBERLAND COUNTY NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT 11 ~ ~ N ' I ~ CERTAIN SALE AND SERVICING d- NO. ' ~ -- ~ - 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 V S. 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 CNIL ACTION MORTGAGE FORECLOSURE 1. 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, Barik 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. '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. 3. Plaintiff brings this action to foreclose on the mortgage between the Defendants and itself as Mortgagee by Assignment. 4. On September 13, 1999, the Defendants executed a Mortgage in favor of Alliance Funding, FSB a division of Superior Bank, FSB. A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A". 5. The Mortgage was recorded on October 5, 1999 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1574, Page 1118. 6. The Federal Deposit Insurance Corporation placed Superior Federal Bank, FSB a/k/a Superior Bank, FSB is conservatorship. 7. In its capacity as conservator, the Federal Deposit Insurance Company assigned the Mortgage to Plaintiff 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 Assignment of Mortgage is attached and marked as Exhibit "B". 8. 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 marked as Exhibit "C". 9. EMC Mortgage Corporation has Power of Attorney to act on behalf of 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. A copy of the Power of Attorney is attached hereto and marked as Exhibit "D". 10. The land subject to the mortgage is 6611 Carlisle Pike, Mechanicsburg, PA 17050. A copy of the Legal Description is attached hereto and marked as Exhibit "E". 11. The Defendants are the Record Owners of the mortgaged property located at 6611 Carlisle Pike, Mechanicsburg, PA 17050. t 12. '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 (taxes/insurance) $452.14 Accumulated late Charges $81.28 Accumulated NSF Charges $60.00 Title Search $250.00 Complaint Filing Fee $78.50 Service of Complaint $53.00 Attorney's Fees $1,300.00 TOTAL $100,998.19 plus interest from 10/7/2009 at $22.13 per day, costs of suit and attorney's fees. 13. 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. 14. 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. 15. 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 hereto and marked as Exhibit `F'. 16. 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 hereto and marked as Exhibit "G". 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 $100,998.19 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: Kfo. 55669 Plaintiff Exhibit "A" y~7 -.~ ~ a ~ E~ewvsnvANU1 } ss (Flobert P. aegter, order t ~, OsratY that the tora8~~,~rb-a ~ hereby .. . ~ I ariYVati a/d-J ~ -~~ ~"~ ~+~f~jc t a D .letatary?_OOg 4 to y "' i3 .__._---~8 9 FAr P. ZiEGLEA . ... . ~ ~.~_ ~ RECORDER OF DEEDS CUMBERLAND CDUri7Y-Pq '99 OC7 5 Pf7 2 45 ~R-GINAL [3poeanlovs75ict.tneFocaeemdbKCeal prepared sY% TAKI HAVEdis ACCOUNT /: 080233b107 MORTGAGE 11113 MOR'ICaAGfi C'SectttityInshrnocrx~ is giver on Sis7T@lsBR 13 , 1999 . The mortgagor is GARY SHIMl18i. ARD PEGGY SIiIlQtII. ('Borrower'. Phis Seavity hrstrtuaeai $ 81vai to d,ilianca lhrndias, a Division of Superior Bask J+'SB wlrich i+ orgaalzad aad exlsHng aadertha laws of Ths Unitsd States , and vrlrosc address h Coe Bamlaud Bead. Oraasaboxs, iiev York 10962 ('Lender") . Soerosrar owes J.endadis pAadpal sum of tiItILTY-FtNJB 13i00SAND FIDR 80HDRBD AND NO/300 Dollars (i1.SS 90,500.00 } 26isdsbtuevfdcrxadbyBorraaetstatedatedd~esamedaxasthisSeashy Iostru~("Note`), whiehpmvldec5ormonthtypaymuttywitlttlxt6ttdsb~,itnotpaideuik~ due andparaLle on S1iPTElSBSR 17, 207.4 This Security irxtrt®aat setxtres to Larder. (aj the cepa~yment of the debt evidenced byfie Noa, with mutest, and atl renewers, extension acrd modifications oftha ~ (b) the payment olallo4hernursrs,vrBBiaterere.advancednoderparagrap67m psotectthsua><tty o~fthisSeeurityltrstrnment;end (c)thepcrfotroarsce ofSotsowet'soaveaaneteadaBteaneNsta~tthk3eaurityinstsumentandtheNaa.Fartids Purpose. $onrower doe hereby mortgage, grant snd convey m Lards the following desaibsd property loomed is CilltEtsBSAND CaIDly, Pennsylvania: $1 If this hox is checked see Schedule A aratamd hereto and made s part hereo£ which hat the addrrss of 6611 CARLISLE P3K8 , l~l rtIIGltexZCSSVRC ,Pennsylvania 170ss ("PropatyAddtex'~; [cYa~l [Ar ~1 ASl1U it1U1M1.vAMJYa4alsrudlyFrvi. s+adr,aMM.ermssowNUVSrawatrrr rClapt7W s99r (wa, r ylpsrc7l W 7r3'lAtAlr (Ua.7d7A~ C] z BDOI~,.S7~S PA6E~~ '. TOGETHER WITH aQ the impovameats mow or hereafter eraxed on the property, sad al[ eesanents, appurtenaetas, sad thdtnea now or hereafter a part of the prgraty. All replecameds and addidoas shelf also be covered by this Seautty imtnnaent. All of ihs foregoing is referred m in this Saamity Instrument as the "~~gORROWERGOVENAN151hatBamrratalawfliIlYsdsed ofthe estaM hereby eameyed sad has the right m m~+ga. grant and convey the property and Ihat the Property is uoeacumbered,accept for atcumbtances of record. Hoaowar waarote and wilt defend generally the dde m the Property against all claims and demands, sub}ed m arty aacambraseea of record TH[S g.ECURTi'Y INSTRi1MF.N'1' oambioes uatform oovemmtts for rational use sad ron-rmiform covataaswithlGnitedvariatioms byjuriadietimttownsdtutaamdfoaaseeurityinstrumeMcoveriagraiproperty. UNQ70RM COVENANtS. Barowar and Deader covenant and agree as £otkws: L Payment of PrLdpai sad literest; prepayment sad Late Charges. Borrower shag promPUY PaY wltcndue drepriadpalofaad intaeston dradebtevIdatcedbytheNoteand anyprepaymemand lau chargesdue under the Notes 2.RaadafbrTazesandlmaraseaSnbjea WappLabielawormawritteawaiverby Leade ,Borrower shell pay m I.aader on $re day maaddy paymrants am duo under the Note, until the Note is paid in full, a sum ('Fuads'~ for. (tor Yaaty tsxa and assesamaMS which may attain priority over this Sectmtty Irsatmramt as a Tien oa the Properq; (b) yearly keehoid paymmb ~ t'~ rents ao dre Property, if any; (a1 Y~Y fbzard or propeRy inatntr+ee premir~ (d) ynriy flood lnsmaace Premiums. if say; (e) yesriy mortgage iastmanee pram;fence.;faq;end(tlaoY:umtPayabtebYBortowermI.ader,in aeoot~ewithdre ptavtaioosofparagraPh it. in Isar of the payment of mortgage imsaraaee psarnhrma Thna items are celled "F.acem+r items." Loader may, at airy than. collea and held Fuada to as amamt not m enrol ffire maxtmom amomt s order fora' fedaaliy related mortgage lea map rogtths far Borrower's escrow acxoaot nnda qte tiedual Rawl Errata Satdaneat ProcedraaAaof 1974 asamended8tom tkoem timre, t2U.S.GSatiort2601 aaeq. ("RESPA'7,unkss Brother kw that applies m dte Fnnds sea a lesser amount. tf aq Latch may, at wY tIma, wlixt std bold Fwds in an amourrtnotmaasxndtheknaantotmt.LatdartmayestiatatethesraoootodFuodsdueoathebasisofamreatdata and reasottebk estimates ofacpeadihmes ofllAtne Eaetmw Items orotixrwise in aoeocdartoewith applicable Isvr. The Fti;atds ahal! be held is as iastitadoa whore deposits are insured by afederat agency, instrtarrattaltty, orentity(rncla~ngLatda , ifLada'issucham iosdsr+6on)oriaarryFedaalHom-eLoartBamk Lendershatiapply the Funds m pq the Escrow ;tame. Leader ray not charge Borrower for boiling sad applying the Funds, amuatiy aaalypng the otuow accoum; orvarifying the Escrow items, cmku Lender pays Borrower httaest on the Funds sad applicable law pennNs Lender m make such a charge. However, Lader may ragrare Borrower m pay a one-time c}mfr fa am imdapemdeatreat state tsar reporting sarvka used by Lendv in eomxmtion wdh tINS loan, udess applicable law provides otherwise. Unless m agreemed is mode or appGabta Isw roquh+es irrtarst m ba Paid, Leader simll not lre requh'ed m pay Borrower any interest or eemiags on the Fnnds. Borrower Bend Lends may agree is wridag, boweva , that imagist ahap ba paid on the Ftimds. Leader shall g[ve m Borrower. witirout charge, an amend aceoundng of the Funds, showing credits and debts m the Ftmds sad the ptmpou for which each debit m dre Funds was made. The Fnnds ate pledged as addidornt aeaaity for ail sums seemed by this Security Irtstnanart. If dre Furls paid by Lender erreeed !be amaam perar)tud m be ;tell by nppllub& lax; Leader shatl account m Harrovrer for the excess Funds to accordmee with the regtdraaaas of appliable law. If the amount oftheFundsheld by Lenderatanyttrne kmot snffiekmtto paythe Farrow lkms whemdue, Lendermayso notify Borrows' is writing, and, in such ass Borrower shsU pay m Leader the amotmt ttaxs:ary m matte uP the deHciarcy. Borrower shalt nske up the deficiency in no more than twelve motttGiy payments, at Lender's sole dittraion. ' . LOAN ID: 0802336207 TGa78YLYANUSi,rkl~ar-r"edaNN/FrMkN~e U1f60aM aYSIRaMLN'r' ~~ FOIa[]a19fn01/"f~J~O"f 1 MG7e3ftMM Ora ar719f) • ® BOOC~J7'~ PIGE~9 r~ L J 8orrowe~.ttyaety ham by~L,e~~od wdp 2ILander for s~ ttte P~ioper~ty~L~ender, prior to the aogvidtion or oak ~'tha Ptoparty, tdtall apply tnry Fords Wd by leader at the dine of ttegttisition or safe as a credkagatftat die tatms seamed 6y this Seeity hntrtmtattL 3. AppNralioa of Payasead. Uatass appflaable lea provides odtavrtse, erg paymmtts received by Leads urderpatayaphs I aad2sibgboapplied:fast.toanypntpayt-mdaltarpesduetndxdrNotrsoeood.t3oamouats IxYa~ ~1~iraPh x ~. Zo br6arrst dos; foarttt, ~ prareipat dtte; and fast. toady lataeAeges doe under dw Nate. 4. Chatter, Liens. Bonwratdtall pay all tatttx, art, eherget, flsea tad impoakbas attrt'b»ble to the Ptoperfywb$dt mtq adapt psiorfry ovathia Severity IaWtmtmf, std faaehold pgmems orgtottod rents, if any. Bonowershall pay t>msa obggatiorts in die tnumerprovided in paragraph 2, a if»ot paid iathat marnter, Botrowar shall pry item as how direedy ~ the petsaa owed payttteat. Boirawer shell promptly ftrmish to Leader all notices oiunotads to be paid tinder this paragraph. If Boaowex mates tl~a paymatts dhectiy, Borrower shal- promptly danltlt to Linder tecdpts avideodag the pnyatmttr. Borrows shall promptly discharge say Iien which has pciotity ova this Seaaity Irtstntmmt noless Borrmver: (a) agroes in writing to ilia payment of the oblfgahon tteveted by the Gee in a muster acceptable >p Leader, (b) txtateats kt good 15dth the 4dt by, or defeodt ttgtthtst atforcemartt of the flat iq i~ Proceedings which indteLatderaopitrioaoperate topreveatthe eo8ar~ clips lieq or(s) aecnrw from8w holderofthe Ilea an agteeatastsaHafLetoryto Lerdatatboedinatiogthe ilea to this Seeaaky imtrumeot. IfLeoderdettutnittes that sty part of the Property is subjaot in a ilea whkh say attefa priority over this Security Itntrttmrnt Leader may glue Bomoweraaotfoe idetttllyiogtlw twit. Borrower shall satisfy the lien stake otu or mote oftiw actions set for4t above widda 10 days of thn giving of notice. S. Sarard or Properly Iuaraam Boamva shell keep the improvemaua now existing or ]tereatkr erected onthe Property it~aeda~gatmtlossbyfne, haardsinahdedwttttiathettxm "extatded wvaaga"aadany other hatsrds. inelttdh+g floods a iloedirtg, bar Lender requires tnsurattce. This ir~ttrance email be maintained in the atttomua and forthe periods i6a<Letderregnires. The ittsmantx carries provid®g the instuartee shall beclasen by Bortovvermbject to Letdeh approval which shall tort be mtrnsanably withheld. IfBatmwer • fails b maitttare caivmrage described above. Linder may, at Leaders option, obtain coverage ~ protect Leader's rigtm in the Property is aaad>riee veldt paragraph 7. AU iaatearwa politaea std reoavvais alxll be acceptable b Lender std shat[ include a sttutdard mortgage clause Lenda:had ltavetlwdght to hold du policies and rertewab.IfLettda requlras, Bauovrershatt promptly give toLettderag rocdptsofpaid premitttttstted tettrvvsl ttotieea.In theevattofbts,Borrower shall givaprompt twtica b the itaraance crier and Letda. Leadattny make proof of lass itrwt made pranpdy by Barramr. Unless Letda and Botmwerothtuwise agree in wdtittg, irnttrattce proceeds s6a1! be applied to restocatiou orrcpairaftlw Propenydamaged, ifthere:sotuiart ormpairiteconomiadly fesstbbandLendersseeurityisnot Iesserted. If the tt~Catioa or repair is not eooaorufeally feasible a<Lettders secarity would be twisted. tlu insararttz proceeds shalt be applied b dw sums aeettred by this Security Inatrumeot, vrhetha or not then due, with atryetmesspaidlo t3orrotver.IFBanoaeraitatdoas dwProperty, ordaes rmtanswerwitltirt 30days s t form Lender that the ituatraace curia lm oSered to settle a claim, then Linder may collect the ittsurana prooceds. Lader may tine tfteproceedare reptlrorrestoae die Pmpertyortopaysmnaseattred 6ythis Seetuitylasfnttnent, whether err not then due. The 30day period will begin when rho lords is given. Uttltza Calder and Borrovvar otherwise agree in writing, any appiieatioa of proceeds to principal shalt not etuend or postpone the due data of die ttsorNtly paymems referred to at petagraphs !and 2 or change the amount of rive paytnatts. If order ptttagraph 21 the Property is acquired by Calder, Bor:owu's tight to airy imuraneepoliciasand ptoceedsresullhtgfrom damagetothePropertypriorto theaogttisitionslatl passto I.endet to the extent clips same secured by this Security Imtrumetu immediately prior io the acquisition. IRAN ID: 0802336107 rHrNattNANU,4ttkFwodlriFrtakMed/M4M•eaMFORMnISr'RVMEIYr ALlStl FOAMarWlrfot*°a~J~NaW btW0.N.VMrI~'a~i 800I~rJ~•s tAGE~2O ® 6. Oeeupamey, Prservatba, Maiaboaaee amd Proteetloa o[ the Property; Borromr'a L.osa Applicafioa; I.wase6oids.8orroweealLitoeratpyestabl'ishanduxthePropartyasBoeowet'spritaip~elrcsides~ce within sixty days at0a the exeartioa of this Seauiry lasatmem sail shill a m otxopy the Property as Borrawe~s ptitY¢ipal essidmce for at least one year aRer the date of occupmcy, unless Leads otherwise agroa is writing, w6ioh rmtwtet tiraA sot be umrgrsaa6ly withheld, a ualeas turtmmtiag eireumetmcas exist which are beyond Borrnvurr's conerol. Bortovver shall not destroy. damage or impair the Property, allow the Property m deteriorate. or commit waste on the Property. Boamwerahall be itt defiuk if say forfeiaae action tuprmceeding, whether civil err ctimiatl. is be~gem flea is Lender's goad bleb jndgmeot cwid result in forfehura afthe Property orotherwisemaoeriallyimpdrtheltarcteuedby9tis3ecargyloa4ermtetrtorLarda'sseeurityialaest. Borrower may care sudr a datTaoh and temslue, as provided in paragraph I8, by cavsiog the aelioa pr peoaedhrg m 6e dismissed wIffi a ruling iltat, in LendePs good ildt6 daerminadon, pveetudes fmfeluae ofthe Boeowa's imerest in the Property or Debar nrataial torpsirnrart ofthe Ilea created by this Security ImCrrtnaat err Leader's aeearity interest. Borrower ahal[ aiw be n dsfauh if Harrower. duthrg the lam appBCWm ptoease, gave materially false or itraecurate hrl'amruion orstatemeats to Lender (or failed m provide Larder sritlr eery materW irrtotmatiom) is coanoetion wish the lost avidmeed by the NktG inehrdisrg, but ,rot !•imited m. Kpresentuian Boaowets oourparwy of fire Property ss a prLrcipal radderroe. If this Secaity Imhwetaa is on s leasehold, Borrower shill comply with aQ the provhioas of the lean. If Borrower acquires fee title m the Property, the leasehold sad the fee titls shall not wage unless Lender agrees m the wager in writing. . 7. Proteetbn of Lender's Righb Y the Property. If Borrows faits m perform the coverrms end agresnenb onntahtad is this Seaatry laaromad, err there is a legal proeeedtag Qnt may signitiearNy affect Lenderh right ~ the Ptopaty (sneh er a proceeding is bmltrliptcy, probate, foreatdemauiat ~ fatfeiture err to enforce lava or ragedaHom~ ~ Larder may der and pay for whakvs le tteerawy to proroet the value of the Property soil [.cadets rights to the Property. Leadeta axiom may ioeltrde paying my sum troctaed by a ilen whichhas pciorityoverthisSaaaityir>shraomt.appearimgiacata~luyingttmooaideutoraeya'teesaadauering on the Property m make repairs. Allboug6 Lends maytake actioa nrtder this paragraph 7. Leader does not have m do so. Arty enroumts dismmtsed by Lender under this paragraph 7 shall berxtme addttiond deM of Borrower seau~ by 16ia Seaaityfaslrmmnt UalessBoaeweraadLealeragreem ofherteran oftuymmrt;these amounts steal l bear irdseu from the date of d'ubrasanartt u the Note rata and shall be payable, vrith ioteresy upon notice frara Larder m Borrower r+egtrmting paymad. 8.Mortgagelvunrrmee.Iffenderrapdredmortgagelmnraoceasacorr~fitionofmakingthe loaasewred by This Security Imtnrmeot Harrower shall lay the premiaras rcgnirod m mairtbin the aroAgaga Iamrarrce in effect If for arry taavau, the mortgage insurartee eoveraga tegnired by Leader taperer or ceaua to be In effort, Borrower shill psy the premiums required to obbitt coverage autraberYelly equivalent m the mastgage iomuatra previ Dusty in effau, u a cost w6sbodaUY equhralart to the out m Borrower of the mortgage imura-ee previously in a~ from m aitatmte motfpge iatuterepproved by Leader. If wbstmdWly equivaleut mortgage brturmce coverage is not available. Harrower shell pay m Larder each month a sum equal m ~o-iwelR6 of the yearly nostgageitrwraneepremltmbeiggpaidbyBaaowerwheatheimuraaceoovaage4psedotceasedto beineffect Larder witl accept, use sad retain these paymeats as a loss reserve ie lieu of mattgage lmtaaace. Lass tegerve payments may mo tangrr be requinad, u t>u optiar ofLmder; if nmrtgage irtammce CO~i$° (in the amount sad for the period feet Lender ragtdnrs} provided by m iasrrrer approved by Lader agates becomes available and is obtained. Sorro~rer sh~l pay the protuhmrs regnbed m raahrtaln mortgage Insurance in effect, or m provide a leas reserve, until ffie regtrlremart for mortgage irtsnrma each in aaordaue with any writtar agraanent between Borrows sad Lender a applteable Iaw. 9. Inspectioa. Lends or ib ageat may make reasonable entries uprm and inspection of the Property. Lender shag give Barrows notice u tine time of or prior to m inspection specifying reasambie cause for the inspccxion. 10. Coademaation.l3e proceeds of any award or claim for damages, direct or eonequential. to corurection vrith any randemauiom a other taking of my part of the Property, or for conveyance in lieu of cotrdemnation, un: hseby assigned arrd stall be peal to Leader. • LOAN ID: 0802336107 rmmsrcv.~m~a:~.r..art..i.ra..rv~awaa.:um+ossrm+mearcrr A~ romsamsfne~s~ys~ acress,~.rur (wc m'rissf . ~eooui~74r~i121 a~IaMROieT~6?$ M! ~•" E! "f".• . In the event of a total taking of the Property. the proceeds shall be applied tp the soma secured by this Secuxity Iratnmwst whether or not thrar due. widr erq access paid to Botrowv In the e~ ota partial taking of the Pmparty is which else fern market valne of the Property immediately before the talung is expert to or greater ttwcstix aroearoCOfthesmsa secued byffiis Stxu[ity Irmtrumentiasoxdiatdy beferetbe tal3og, unlessBaerotver and Easier otlsxwbe sgx in writing, the auras secured by thin Sexauity Irratrsrmeat shell be reduced by the amounoftixpcoeeedsamltipl'xd bythefoliowin~fradioa:(a}theoota[~»ntof8lesumsseewrd iateiy before rho taking, divided by N) 4x thir maker vahx of the Property hmraadwtety before tha terkiag. My batarxe shall ~ paid to Borrower. In the e;veat of a partial taking of the Property b which the fair omricet slue of the proprrty~sodptelybefoaoBreMdmgialessthant>xastorartoftbssmaaasctred iosnoediaaelybeforothetaking, ndexsBorroeearand Lesderothetwise ag;rtx bwritiagaunlessappUcabb latrofirxaBeprovides,sineproceeds shall be applied m 11as sums teutted by Usis Scattily Ins6sseererd whedxr or ~ tlx sums aro then due. If tha Property is abandoned by Boreower, ar if; after notice by Leader>o Borrower that dx condemnor offers to make err award orse:ttk adaim fittdtmagea, Bonoav$eUs tb rrapond to Leadexwkhia 30 days alter the date the notko is given, Leader is autitorimd to collax sad apply the proceeds, at its option, either to rextoration or repair ofitre Property or to the sums secued by $ris Seesttily instrument, whether ortrot lion duce Tlolaa Lander and Borrower ofhavrite agpee io wrkhtg, arq appticatten of procada to III ~~ not aneod ar postpone 9se due daro of the moer$sly payments refereed to is paragapM t and 2 a change the amoma of>neh paynxeda. . iLBorrowe;sNotl~cieaaed; Forbaranca]dyLenderNots Wairar.l3xtwionofthetiroeforpaymero or modilieatiors of amortiratioet of tlx sums axaned by this Sextrity Instrument gamed by I.mdex to any successor is kthmest of ]ioreowa shall sot oparaoe b release the UabUity of tlx original Boreower or Iiossowez's succcssas in itda~esC Lexdezr slat[ not be required to commence proaedhrgs against say stspaswr is interest ar refine to extetd time for paymtaR or otlrerwlae modify seaortimtion of fix sums sexaaed by this Security lrotrumad by ceasaet of any demand rrrade by the original Borrows o<Boreowa'a mcceswrs in interest. My • forbearance by Leader ht exercising any right or remedy shall not be a waiver oforpreclade ttx exercise ofarry right a nmxdy. 12. Sacassors sad Assigns Bw»d; Joint sad Sereral LJabAlty; Co-s~na~s. Trio wvwaats and agreemeab oflltis Sex;aritylasttumerslahaU bind andbeae6tthesueeessaaa and asslgmofterder and Borrower, subject b the psovaioas of paragaph 17. Boceowefs covanmts sad sgeements shall be jepnt and several. My Borrower who cosigns >bia Security Iastrunseot but does not execute the Nola (a) is oo-afgah~g this Saearity Imtrwnmt only to roor~e, gent cad convey tlsst ]iorrotva'a interest to the Property under the temss of ibis seeacity Luaurr~ (b) is not persosiaily obb'gated to pay the sums murld by this Severity Iratrtmxrst: and (e) agrees that IArder and any otlxr Borrower may agee to eocterd, modify, forbear or nufae acry accororoodations with regard to the teens ofttris 9eaaity Itutrumeat or fix iYote without flat Borevxer's oaurawt 13. Loan Charge.IftheloanseattedbyddsStxsurilytnstruorattiswbjattoalawwhirlssetsmax' nom f care charges, sad that law is fiwUy interpreted so ttrat fix tnterest or odsrr loan charges collected ar fo be collected in eomurction with the loan ercccad the permitted limits, thin: (a) any each bas dtage stwil be redorxd by the amoarrt sxoanry to redsxe fix cirage to the per evened limit; and (b) my wan ahewdy collected from Borrower which exceeded pesmitsed limits will 6o refunded to Borrower. Lender may cdsoosa to make this rcfimd by reducing the principal owed order the Moto or by making a derect payment M Borrower. If a refined seduces principai, fix reduction wiU be treated as a partial prepayment without any prepayment cbatge under the Note. LOAN II): 0802336107 TQtaSYLVAMAfiiWsP~ay,F~We MatlfrdkllLeelNlFOltAe aearaaMENr' A>'11:7C FOa11tM~9OerparfeJifggl JNC7WfMAM P~nTdLf!) gooi;~574 facl¢ii?.2 14. Notiieas Arryrotux m Borrow~erprovided form this Seeraitylnsitumemshati be glum bydrlivging h or by mailing M by best class mail tadesa appGabk law rap~ires use of another method. The ratio shalt be directed to the Propmiy Address or any arbor addrae Borrows denigrates by notice to Linder. Arty notice to Leads sha11 be gluon by Brat class mail m Loader's address sated heteia orany other address Leaderdesigmtes by ro&e m Bearowes. Any nmice provided Aar in this Seanity ltunument stall 6e deemed m have been given to Borrower or Lander when gluon as presided in this paragapb. i5. Gorerabeg i[awt 3ara~abllit3: This Sataity htsnument shall be governed by federal law arxE the Isw of the jurindiatioa k vrhtch the Property is located. ]n the event that eery provkion ~ dame of tide Security ImtnunerNOrdteNotacat9ietswidtappikaWelaw,suchcanAlRafuitnota>'kctotherprovisiomofthissSecurity instrumerx or the Note which can be given effeetwitlaut the eonfliding proHaioa To this end the provisions of this Saarrity hua+tmteot and tlta Note arc declaed m be severable 16. Borrower's Copy. 8ortower shall be gives area conformed copy of the Note and of this Seaaity instnrnterrt. 17. Transfer of the 1'r^operty or a Bettdidal Interest in Borrower. if a!1 or any part of the Property orany irtteeoainit ksolda~trsr~sed(orifabaae&isl LttereatinBor[owaksold ortranafared aadBorrower is not a mtural person) withaR Leaders prior wriden 4 Leader may. at its option, require immediate payment is Chit atoll sums actnad by this Searity lnsunme~. However, this option shed rat be ewereised by Lender if exarc[se k prcldbitad by Aederal iaw a: ofAre date of this Serenity Lsshnmaa. IfLendereae<ckathkopfkn, Lemlas}alI giveBorroweraolixofaecelerahon.The noti«shal(pmvide a period ofnot less tlan 30 days Aran the dame die notice k dalivercd or united within which Boatower must pay all saws neaued by Uds Seeurlty Imtrumeat NBorrowet talk b pay thane sums prior to the expiration of this period, Lendermay invokoaoyremodres permltkd bythk SecuritylnsGtmtetnwitlantfiuthernotice ordemand on Borrower. 1& Barrarrr's Right toiRdastate.IfBoerowamats eatein oonditlons, Bouotwrshall have the right to have enforeearaoc of9-kSeaaity Lnhtameatdiscaatinaedatarrydmepdermtbo earliero8(a) Sdays (orsueh other pviod as a Les may opacity for rdmhtemeaQ bedae sale oPffie i~roperey p m enY po~'a ofsalo coatsimdhtthis Seatritylastitrmeah or(b) eahy ofajudgmentmtforciogffik Seeueity Ieshwnent Those conditiarrs are slat Borrower. (e) pays Leader all smm whidt rhea would be due under tLis ScciaigrInstrument and the Note as iPm accelmaticn had occtured; (b) csuea any defauk of soy other covemmts or agreements; (c) paysallaxpemasineraradiuerrtbtckgArkSeasrirylmtrtnnen;iachrdiag,butnotlimitedto,taatooableattor>kys' fear, and (d) robins sndt action as header tmry reuonably troquim to insure that the lies of this Swwity Instrument, imtdetsrig6a IathePropertyaadBorrowa'sobiigationmpay thesumsscmed bythis Soaaityimtrumentshslt contimre uncMrige d. Upon minstatanmt by Borrovreethk Seeority htstnrment and the o6Hgutom secured hereby shall romahe 5rlty effecaive as ifra aocelaation had occurr~. However, this right to reimtate shall not apply is the ease of aoa:laatimt under psrs$raph 17. 19. SakofNote= ChaagsofLoaa Sa`vicer.TheNora orapartialinterest intheNote (mgetherwiUt this Security Irahumeat) may 6n said one of moro times without prior ratite m Borrower. A solo may rewh in a charge k the antiry {known as We 'Loan Servker") that collects monthly paymena due under the Note and this Security ImOnmemt. Tbae also may 6e one or more change ofthe Loan Servicer unrelated W a sak ofthe Note Ifthere k a~aoge afthe Lan Sacvicu, Bow will be giver written notice ofthe ehaoga i4 acewdana with paragraph 24 above and appGabk htx: The nofia wfU state the name and address ofthe rrewLoaa Servicer sod the address m width payruents should be erode. Tha notice will also contain any other information required by applicable kw. 28. Hazardooa Stirhstanoea. Borrows abaU not came a permit the presence, use, disposal, storage, or rekase of a~ Hmrdous Su[utar~s wr or m the i'rop«ty. Borrowashali not do, mr allow anyone dse to do, anytitirtg afl5edirgtha Ptopetty that is in vioktion of any F.rtvironmattal Lsw. The precedingtwo sentences shall not ~PIY to tttie prasmeq ur4 m storage ant the Peoperiy of small qusatida of Hazandom Substances that arc generally recgptiaed to be appropriate m normal residential uses and to mnintenana of the Property. 7AAN ID: 0802336107 raeavsrrr~M,f,.,vgl.~rarr...karrrea~rx.. wraoart avsraua~rr ~~ rosaraasrufolpars~sa~W NGYafAlA11 p7lr~neasr saoK1574 r~it23 • Borcowershall prompay give Lenflerwritten nonce of any investig~ion,claim, demand, kwsuit or other adiat by any Bo's as ta~etory agency a I~~ p~Y ~g Wa 1':opeRy and any Iiarardotcs Subshaee err Eavhomneatsl Law otvrhieh Borcowerhas acanl kuowkdge: IfHorrower trams, ~ is rwtiLed by ~,y ~ ~ y atultority, the any removal or other remadiatioa of any Harndous Substancx affecting the Property is necessscy> Borrower shall prompay take all tteeesserytamedial actions to accardttaee whh E,ttvirammtal Law. Asused is tbbparagaph?0,"HaLrdousSubstanxs" areaxrsesubstanca definedsstaxicarharacdous substances by Eav¢aonmenlsd Law and ate fotlowhtg saktsoces: gaoihca, keroseoa, other flamarabk or toxic petroktmc products, toxk pastieides and herbdcides> vofsak solvents, materials eoe>tainiog asbestos or forwahtehyde, andradiwodvemaladals. Asnsed 3aatispara~aph20, "EnvirartmmW Law' merlin fedanl laws acrd laws oftheinrisdidimtwhere eta Property is tooted amt rebtts>b health, safety or emnroamarfat prafeetion. NON U[YII'ORM t':OVENANTS. Borrower and Lender further ooveoant arai agroe av follows: 2L Aceukrstlom; B~maedks. Linder shalt p,!-e aoliee to Borrower prior to aecekration tallotria= Borrower'sbreruir otanywvsaaartorapxewrotin thb SearUylnstraweat(bntnotptiorto aoederalion under paraYraph 17 aateas applicable lav- pm.Eda otherwhe} Lender shelf notilj Bocrm-ar ot; among otberthia~s (a) thedeSnY; (b)fhesetlw regaircd towretlredetialp (e)whea thedefaol! wwtbe earrd; and {d) that tltilrn to care lira defialt as speeilied way tYmlt fin aceakeatton of rho sates secured by this Secar(tylashnmeny tordosanbyindkW proaeedioGandtakotthePropertr.I.eedarsha0lhrtharinlarm Botrnwer of tlda right to rehraata aflar:cetJerattac snd the riRlrt !o assert is the fora~s+tre ; the non-e>3simsee of a datmit or aoY other detbttae of Borrower to aatiicration and forniosara I[ the default h not cured as spadlSod, Leader'at !ts option wry regahY Imwediate payntwt in >rd of all amps aeevred hY this secretly laslrameat wtmoat fnttiher deanaad and tasytoracloas tbts Secartty Instrameat try iadidai prooeedtng Lander shsR be entitled to collect ali expersa tnerreed to parsabrg the remedies - provided tathis pasapyph 21, iacladin=, but not limited to, attorneys' fen and costs ottitte eridmce m the extent pernettNd by appltable Lvr. 22.Release.LlpoapayrnentofallsumssccnaedbythisSeeuitylnsttomengailsSeeoritylmnnmrotaad the estate earveyed stteli tercniaate and become void. Afer such oceuermce, Larder shall diaclmge and ssasfy this Security 1reEtnnrmt withocrt charge b Borrower. Borrower sbaII pay nay recordation ~. 23. Wativrsa.tlonoova;totbeeatentpermiUedbyappllcabklsw>waivesa~rcieasesonyerrorardefeas in prooeediags to enforce this Security Instrument, and hereby waivers the bateat o[arty presentee future laws providing for stay of execution, extension of time, eracmpaon from attachment, hrvy tied oak, and homestead exemption. 20.ReirstatemantPerfod.Borrower'stirneboceimtsfeprovldedhrparagraphl8sha11exlendtoarxhotx - prior to the oowsaatemteat of bidding at a shuift'a sale or ottw sere purscpnt to this Seaurity instnanent. 25.PorahasaMenayMor~tsagaIfanyofthedebtseaaedbythisSeourityl~attis lartfoBorrowes to acquire lido t7 tiro Property, aria Sewrily Instrcmtmt shalt be a pnrchan money mortgage. 26. Interest irate After Judgment Borrower agrees drat the interest rata payable after aiudgmutt is entered on the Tlote or in err araiear of mortgage foraciosare shall be the rate payabk fromr time to timer under the Notes 27.121tlees to this Seerrlty Lstrument If one or more iders era executed by Borrower and recorded togMbrrwith this Sewrtly Iartnnoat ,the covenants and agreeme~rn ofeacb saeb ridershall be Lxarporafed imo and shall amend and suppleaaatt the covenants and agreements ofthu Security instrument as if die rider(s) wero a part of this Seeudty laswment IRAN ZD:0802336107 rFNNSYLVANtA,tl"de FreapFmkMadFndle Mae VN60RDr IIISIRiA~rEKr AtXA 'PVRM]0e9Aae(p>ee rq/Pp ser) MpOIeJVAM rya7/17/!f) • soo1157~! racl:ii24 C7 a J [Ctleelr epPlrcubk daz(es)) ^ Adjuatabk Rate Rldar ^ Condominium Itker ^ 1-4 Family Rider ^ Gtadustex! Payment Rider ^ Phoned Unit lkvelopment Rider ^ Biwxkly Payment Rider ^ Balloon Rider ^ Rate Improvemeta Rider ^ Sxond Home Rids Q Otha(i) [speeifyJ ettwaaDtrx~s} BY 3iGNlNG BELOW. Borrower accepts end agmes m the terms and eovenents contained in this Seauiry t ument and in eay eider(a} executed by Borrow V/ttoesses. x sx a~.« tiwmwer cs«q (x+q > >~~ LtC7NMlA ~ud. )1den04 eLe1A74:ORM n6TAUMIKi' I~ SD:0802336107 l~ FaaM]e3fN90(ysyrf sJfpyvJ BOO1IiS7~1'iGEi~ ca~> Burower COMMONWEALTHOYP'ENNSYLVANIA, CUMljti-~A~ County n: Oa this, the 13 day of Ssr?1w.n,r t hk ri , 6efoce me, C. rtter. A Mdl.~ the m:daaigrted oftioa, FAY ~ known tome (or sa$ePactaily puovm)>b 1>e the person(s) whose tmrae(s) r e,~ SA.M~r t P~~, Sd,e,.t... t subsvibedtoflxwi8tini[mtr~ata:dadaowledged drat _~_ exex~d tfx same for the purposes herein eontained. IN 1NITNESS WIiF,REOF, t heramto sa my hand and official G My Commission expires: SFlu- r,{tF~ilY A. ~~C0. ~"~oa µat.3t.?1J~ ttd9a.~~ ~~1/Ii Cow' Title of Officer AFTER RECORDIIVG RETURN TO: SDPERIO& BANK FSB ONB IiAT~1ND RDAD ORANGS$OBG, NY 10962 A1TN: B.ECOADED DOCtBtENTS DEPT. LOAN ID:0802336107 I'EAASYLVArIWSlw~lc FadlpFae.kldaeJFrtikMae IINIFOIOd>1~r'AUFiFNr AI.NI: FOAM A17f lND(pvje rfryajes) asc3a».~~-MtvAUSUa/ 8001( f ~~ ~ PACE~~ .J ® TRACT tvo 1; F,LL THAT CERTAIN Oot d ground siWate h the vAlage of Nogestown, ~-vnsh~ of epver Spring, County of CumbeAand and State of Pennsyvania, more partiwlarly bots-ded and desctbed as fogo-va, to w~ BEGINNING at a pool sevaHy-five (75} feet South of the state f~ No.11. which said point is also the southeast camar of cUnr Marls rtow or fate of the Presby6edancHWocslt~ at Hogeatown; theme bleat by I~ of the dtutdr ally (f~ bsa<1o a point thence south by lands now r% tonr~ecly ~ t"~~ s-~~ thetlce East {BO) feet to kne of other fonds now or forme Eft g~ tlrerwe Norih algger Ianda novy or torrnerlyr of Mnie ERzat>eAh Best, seventy-flvve (TS) feet to the point ~ place of BEGINNING. TRACTNO.2: ALL THAT CERTAIN bl or parcel of ground situate in the vHhage ~~~ ~n.de~as saver 3prir>a County olCumf~nd and state of Pennsylvania, more parikutedy flows, to wrt BEt,,fNNING at a post on the Hertfsbu Carisla and Chacnbar~urg Tampico; thence by ~ now or late of ~ ~~ a post thence by Ipnd'of tl~e~same, No~fh s~ew~nltY~fnre 7( 7~feet to a post at the TpAc~t thenos ay acid Turnpike East ably (80) teat to the place of BEGI NING. Paroel a38-18.1332-042 Premium Rafe tiT51i.50 Endorsements 5150.t>0 v eoot3574 racf=.31.2'7 „a>3„~ Exhibit "B" ~.~, ,~v ~' Thy instrva~t prepared by and Attar recording, please return to: Hanover Capital Partners Ltd. 100 Metroplex Drive -Ste. 301 Edison, NJ 08817 t® f ! 3 3 6 1 9 T s U '~, Loam No.: 0802336107 Seq#: PENNSYLVANIA Investor No.: 243 EMC#: 7374697 ASS/~/EIVT OtF MI~RTtiA6E AIViD OTHER LQAN DOCIVTS THE FEDERAL DEPOSIT INSURANCE CORPORATION, in its capacity as CONSERVATOR for SUPERIOR FEDERAL BANK, FSB whose address is 1776 F Street, N.W., Washington, D.C. 20429 ('Assignor', in connection with that certain Purchase and Sale Agreement between Assignor and EMC Mortgage Corporation, whose address is 909 Hidden Ridge Drive, Strife 200, Irving, Texas 7.5038 ('EMC, dated ~ of January 22, 2002 (the 'Sale Agreement"), and in consideration of Ten Dollars ($10.00) and other good and vahrable consideration paid by BMC, hereby grants, assigns, sells, transfers, sets over, conveys and quitclaims, effective as of December 31, 2001, to LaSalle Bank National Association ('Assignee, foanerly latown as LaSalle National Bank, in its capacity as indenture trustee ender that certairm Sale and Servicing Agreement dated September 1, 1999 among AFC Trast 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, whose address is C/O EMC Mortgage Corporation, 909 Hidden Ridge Drive, State 200, Irving, TX 75038, and Assignee's successors and assigns, withotrt recotuse, and without representation or warranty, whether express, implied or created by operation of law, the following: 1. that certain MORTGAGE recorded ~Q `J as Instrument Number in Book/Volumellabet/Regis6er1Ree1 1 rJ at Page/Folio 1 I I among the land records of CUMBERLAND Cotmty, PA, from GARY SHIIVIlIIEA~~,~PEGGY SHIlVIlVIEL, Borrower to ALLIANCE FUNDING COMP er as amended or modified (the "Martgage'~, which MQRTGAGE sues that certain promissory note dated 9/13/99 in dre amotmt of $94,50Q.00; and 2. such other doa~, agt+eemeats, inshtanents and other collateral that evidence, secure or otherwise relate >n Assignor's right, title or interest is and to the Mortgage and/or the Note, including without limitation the title instrrnrce policies and hazard insurance policies that might presently be in effect Township of SILVER SPRING PROPERTY ADDRESS: 6611 CARLISLE PII{E, MECHANICSBURG, PA 17055 a (lYlebli 01 ~110f etetlt, FD TO HAVE AND TO HOLD unto Assignee and its successors and assigns forever. IN WITNESS WHEREOF, Assignor has caused this Assignment to be executed and delivered by its duly authorized attorney-in-fact as of this March 21, 2002. Witness 1: Witness 1: K. Emig FEDERAL DEPOSIT INSURANCE CORPORATION, in its capacity as CONSERVATOR for SUPERIOR FEDERAL BANK By: Name: J Title: rney-in-Fact By that Limited Power of Attorney recorded in C ~ ~.~' ~~~ county, ~on d Oa.in book (~~SS ,page 1 ~S Inst. -- The u~ersigned hereby cxrtiSes that the precise Address of Assignee is: LaSalle Back National Association, as Trustee c% EMC Mortgage Corporation 909 Hidden Ridge Drive -Suite 200 Irving, Texas 75038 State of NEW JERSEY County of UNION ss. The undersigned, a notary public in and for above-said County and State, does hereby acknowledge that J. Mizerak, Attorney-in-Fact for FEDERAL. DEPOSIT INSURANCE CORPORATION, in its cap~acitp as CONSERVATOR for SUPERIOR FEDERAL BANK, FSB, personally appeared before me this day, and being by me duly sworn, says that s/he, being infomled of the contents, voluntarily executed the foregoing and annexed instnunent for and on behalf of such entity. WTTIYESS my hand and official seal, this March 21, 2002. '///~,~j~~ ~ ~~ DONNA M. GRAVES I~~11~1%t't~lf.(~D~ Notary Pnblic, State of New Jersey Donna M. Graves No. 2217136 Notary Public Qualified in Union County My commission expires August 27, 2003 Commission Ezpires August 27, 2003 /.,~--,~y~ ~pT,q~p`~9\ --- ~ JER By: ACKNOWLEDGME Loan No.: 0602336107 Seq#: PENNSYLVANIA Investor No.: 243 EMC#: 7374697 JOINDER FEDERAL DEPOSIT INSURANCE CORPORATION in its capacity as Receiver for SUPERIOR BANK FSB, predecessor-in-interest to Assignor with respect to the above-referenced Instrument, hereby grates, assigns, sells, transfers, scts ovcr, conveys and quitclaims to Assignce any and all interest it may have in the above-referenced Instcw~acnt, and hereby joins in the assignment and conveyance of the Instrument to Assignee, without representation or warranty, whether express, implied or created by operation of law. FEDERAL DEPOSIT INSURANCE CORPORATION, in its capacity~ECEIVER for SUPERIOR BANK, FSB State of NEW JERSEY County of UNION By: `---- Name: Title: ttorney-in-Fact By that Q~~ Limitcd Powcr of Attorney recorded in ~ VV`1 ~l.T 4~' county, ~%T on 0 ~ in book ~, page l ~t SS Inst. _..._ ACKNOWLEDGMENT ss. The undersigned, a notary public.in and for above-said County and State, does hereby acknowledgc that J. Mizerak, Attorney-in-Fact for FEDERAiL DEPOSIT INSURANCE CORPORATION, in its capacfly as RECEIVER for SUPERIOR BANK, FSB, personally appeared before nx this day, and being by me duly sworn, says that s/he, being informed of the contents, voluntarily execated the foregoing and annexcd instrument for and on behalf of such entity. WITNESS my hand and official seal, this March 21, 2002. DONNA M. GRAVES Notary Public, State of New Jersey No. 2217136 Qualified in Union County Commission Ezpires August 27, 2003 Donna M. Graves Notary Public My commission expires August 27, 2003 ~' ~' G ._ jOUg~~G ~~~~S~~ Loan No.: 0802336107 Seq#: PENNSYLVANIA Investor No.: 243 EMC#: 7374697 ~- ~~~~~~R ~~ ©~~as~ ~UI~BE~,~1ND GQU~i~~-Q+4 ~~7~ ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrament Namber - 200732500 Recorded On 8/20/2007 At 11:31:45 AM * Inatrament Type -ASSIGNMENT OF MORTGAGE Invoice Namber - 2506 User ID - RAK * Mortgagor -SUPERIOR FEDERAL BANK * Mortgagee - EMC'_ViORTGAGE CORP * Customer - EDISON MTG DECIONING SOL *8885 STATE ARIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS COUNTY ARCHIVES FEE $2.00 ROD ARC$IVE3 FEE $3.00 TOTAL PAID $27.00 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA w /~ RECORDER O * -Information denoted by an asterisk may eh:age during the verification process and may not be reflected oa this page. IIINI~IIII~ Exhibit "C" BALLOON NO'l.'E (FSzed Rabe) ACCOUNT #: 0802336107 THIS x.OAN IS PAYABLE W FULL AT MATCIRITY. YOU MUST REPAY TH$ ENTIRE PR11'iCIPAI.. BALANCE OI+ THE LOAN AND UNPAID II~ITEREST TEEN DUE, • THE LENDER 15 UNDERNO OBLIGATION TO REFINANCE THE LOAN AT TSA,T TIME. YOU WILL, TSICRSP'OR$ BE 1~QUIILIlrD TO MAKE PAYMENT O'OT OF OTHER ASSET'S THAT YOU MAY OWN, OR YOU WILL HAVE TO FINA A LENDER, WHICH MAX'BE THE LY~NDEK'I'OU HAVE THIS LOAN WITH, WILLaKG TO LEND XOU THE MONEY. IF YOU REFIIYANCp: TSIS iI.OAN AT IKATURITY~ YOIJ MAY HAVE TO PAY SOME OR ALL OF TSB CLOSING COSTS NORMALLY ASSOCIATED WITS A NEW LOAN EVEN IF YOU OBTAIN ItEF~iANCINC FROM THE SAME LENDER. SEPTENlBSR 13, 1999 F10RMLEYSBDRG PENNSYLVANIA lam] 1CEty) (state} 6611 CARLTSLE PIKE, MECHANTCSBDRG, PA 17055 [Ptnpaty Addtass] I. BORROWEIL'3 PROIV,IISE TO PAX In return for a loan that 1 have received, I promise to pay U.S. $ 94, 500.00 (this amount is called "principal', phts interest, to the order of the Lender. T'he Lender is Alliance Funding, a Division of Superior Bunk FSB I understand that the Lender tray transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is caked the "Note Hoiden" 2 TNTERII:ST Interns( will be charged on tulpaid principal unh7 the full amount of principal has been paid. I will pay interest at a yearly rate of 10.400 ya, The ittoel+est rate regtilted by this Section 2 is the rata 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 matrth. 1 will make my montllly payments on the 17th day of each month begirming on OCTOBER 17 1999 i will make -these paymaMS every month until l have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly paymetrts will be applied to Interest before principal. It; ots SEPT'ffiIiR 17, 2014 , I still owe amoutrts under this Note, i w1D pay those amounts in full on that data, which is called the "maturity date." I will taaloe my monthly paymarrts at ONfi RAHIAND ROAD 011ANGEBDRG, NY 20962 or at a different pace if required by the Note Holder. (B} Amount of Monthly Payments My monthly payment wi[I be in the amount of U.S. $ 857.37 4. BORROWER'S RIGHT TO PREPAY I have th0 right to make payments of principal at any Mime before they are due. A payment of principal only is known as a "prepayment". V/hea 1 make a Prepayment, t wilt tell the Nate Holder in writlng that I am doing so. 1 may make a full preepaymcnt or patial prepayments without paying arty prepayment charge. The Note holder will use alt of mY P~Ymetlts to reduce the amount of principal that I owe udder this Note. if i make a partial prepaymtM, them will be no changes In the due date or in the amount of my monthly paym4mt unless the Note Holder agrees In writing in those changes. 5. LOAN CHARGES If a law, which app}iea to this loan and whioh sets maximum loan charges, is finally interpreted so that the interest or other loan charges coAected or to be collected in connection with this Loan exceed the permitted limits, then; (i) any such loan charge shall be Itidttced by the amount necessary to reduce the charge to the permitted limn; and (Ii) any stuns alreuiy collected from nm which exceeded patmitted limits will be refunded to me. The Note Holder may choose to melee this rctitttd by redtleiog the principal l owe under this Nate or by malting a direct payment to me. if a refund tedttces principal, the reduction will be treated as a partial prepayment. 6. BORROWi~R'S FAILURE TO PAY AS I2EQUIItED (A) Iabe Charge for Overdue Payments If the Note Holder has not rexived the full amount of any monthly payment by the end of 15 calendar days after the date it is due, l wilt pay a late charge to the Note Hoidcr. The amount of the charge will be 5.000 0/" of my overdue paymem of prncipat and interest. I will pay this late charge promptly but only once on each late Payment ALOJ MULTISTATE DAU.ODN F1XLD aATE NpTE - Slosle Fmcty - tR1MMFm11rC UIVtNORM Itt.CrRUMBttT [bttM TTGO 3/K7 (p,uS„ 1 oft p"FeIJ T1ZiT60AUSa It/R TKJ9til (8) 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) Notce of Defenlt If I am in default, the Note Holder may send me a written notice telling me that if I do not pay tht overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal Which lies not been paid and all the interest that I owe on that amount. That date must at least 30 days a$er the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even ii; 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 defauh a# a later time. (E) Payment of Note Holder's Costs and Expenses If the Node Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid beck 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 mall 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 fast class mail to the Note Holder at the address stated in Section 3(A) about or at a different address if T 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, includmg the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep alt of the promises made in this Note. The Note Holler 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" mesas 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 Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instnm~ent. 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 shall give Borrower notice of acceleration. Tha 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 period, 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. G HIMM L I~'n Borrower Borrower PEG H EL ~GBn BaROwa Borrower (saq Borrower (SW) eorrowcr [Sign Original Only) nnnrrsTATE EALLOOtt FIXED u~rE NOTE - S(n le Fud1 - FN ~~ ID : 0802336107 rrn2sos.usa tun z~sl s r nn+rFlu.MC utvnToanl nvsraunwrvr FoaM axso spar (po~nr ? of 1 ~~,~ 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 If the box above has been checked, the following provisions are added'to the Note: A. ~ "THIS LOAN LS PAYABLE IN FULL AT MATURTTY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE LENDER l3 UNDERNO 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, WffiCH MAY BE THE LENDER YOU HAVE THIS LOAN W1lTH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE TffiS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IP' 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 aze made on their due dates, the final payment will be U.S. $ 78 , 856.87 !' 2. The section of the Note entitled, "Borrower's Promise to Pay," is amended by adding the following language after the first sentence: "Any amoultts owed under the Security Instrument that is executed in conjunction with this Note aro and shall 6e 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 selrtenee: "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 wIIT 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 Instrumen, 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 Heider 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 accoulrt." 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 %," 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 sentence which reads, "My montlily payments will be applied to irterest 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 Inshvment, 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 accoutrt." AMCS MUL77STA'IE ADDENDUM 'CO 1S7rtND PAGE I OF 3 FNMAiFH[,MC N07E (?!8199) ANr030A,U3M SUPERIOR 6. A. The section of the Note entitled, "Borrower's Right to Prepay" or alternately "Borrower's Payments Before They Are Dne," is amended by: a) adding to the end of the first sentence the following language, ", but the Note Holder may apply any tendered payments first to anyamourns then due and owing under this Note or under the Security Instrument and then to principal not yqt due."; b) deleting the sentence which states, "The Note Holder will use all of my prepayments'to reduce the amourn of principal that I owe under this Note.' ;and c) adding after the final sernence the following language, "Except es 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 1 pay in full ahead of schedule." B. If a pre~ymern 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 arty 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 instn~ment 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 faced rate Note, after the final sernence 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. ] i. The section of the Note entitled, "Payment of Note Holder's Costs and Ezpenses," 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 fu[1 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, "Obllgations/Responsibility of Persons IInder 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 is the section of the Note (Fenn 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 securo 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 IRAN ID~:0802336107 MULTISTATE ADDENDUM TO 1S7'2N0 PAGE 2 OF 3 ~r'T ANr030A.USM FNMA/FIn,I,IC NOTE (718199) SUPERIOR conrrecfwn 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 quoteslcharges; 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 Sectaity Instrument as the "Property" is located. In the everrt 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 extern 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 560.1 ] 0(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; PREPAYMENT CHARGE. 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 amoutrts then due and owing under then 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 paymeltt4 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 prepaymer may reduce the amount of my monthly payments after the fast 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) momh period exceeds twetlty percent (20%) of the original principal amount of this Note during the first 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 amourrt prepaid. I will pay this prepayment charge whether prepayment is voluntary or the result of acceleration due to my defauh 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." Check box if applicable: ^ This prepayment charge does not apply if the prepayment is the result of my refinancing of this loan with the Lander or an aflitiate of the Lender. 17. If the Note is assigned or transferred, all or a portion of this Addendum to Note may be vohled at the option of the assignee or transferee, Any terms .anti 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 contain in this Addendum to Note. (Seal) ~ ~ ~~ SHI L Borrower PE '~ Borrower (Seal) Borrower (Seal) Borrower (Sean Bortower MUL7r5rATE ADDENDUM TO 1STRND F!•lMA/FHI.MC N02E (7/x199) SUPERIOR Borrowv LOAN ID~;0802336107 PAGE 3 OF 3 At$CU ANTD30A.USM Exhibit "D" ' - ~aa9r~a~~a74 . F i t ed for Recar d i rs ~ l=ax~rr€ c-~uirr~r, IN CiELINDA SUt}NDFF X39-2S-~i3r39 At ~9~1~ na. PDIa OF ATTY 3.4p when recorded return ta• [#R 8nok 83 Pane 579 - 5~5 man Instriuapnt Boofr Pose CoNaberal ~ ~pugpfiQQ?~17'7 OR 82 574 27~ lake Ylsta tkive ~,1X 7~7 214/62G~28Q0 LIMITED'POWER OF ATfC}RMEY KNOW ALL MEN 8Y THESE PRESENTS, that 8attlcof America, National Assodation as successor by merger to Bang of America, Natlonai Assodatian, as successor by merger iao t.aSaiie Bank IYatEanal Association, a national banking association organized anrf exlstir~ under the laws of the United mates and having its prindpai Place of Iw.siness at 540 West Madison ~ IL454A-18-53, chirago, Illir>~, 5t}6G1, as Trustee (ihe "Trustee"} pursuant to a number of Pooling and Serviclrg Agreements t~erenoed in Exhibit "A" and referred bcs collectively herein as the Agreements {the "Agre~»ents"~, hereb~r «~r-stltutes and appdrrts ENS Mortgage Corporation ("ENtC"}, by and throtagh EMCs officers, the Trustee's true and lawful Attorney-in-F~t, to the Trustee`s name,. ptaoe and sE~ead and for the Trustee's bene,9t, in cpnrt with alt mortgage kaans serviced. by the Servker pursuant to the Agreements so#dy floc the purpose of pertorrning suds acts aml executing such documents in the name of the Trustee necessary and appropriate tia effectuate the foibwing enumeraCeci transact~ns in reseed of any ~ the rrrortgage or deeds of trust (tile °Mortgages" and "Deeds of Trust"' respreiy}, retail irrstailment contracts ("other secun'#y instruments'") and promissory notes secured' thernhY {the "Mortgage Notes"} for whkh the undersigned is acting as Trustee for varbus Cettificatehoiders (whether the ur~ersigned ~ named therein as mortgagee or benefidary or has- beoorne mortgagee by virtue of erx~rsement of the Mortgage Note secured ~ any such Mortgage or [7eed of Trust and/or assignment of the Mortgage or t3eed of Trust} and €or which EMC Is acting as the Servk~r. This Appointment shah apply only. ~ the following enurrrerated transactions and nothing herein or in the Agr~eemertts Shan be construed to the contrary: 1. The modificaGbn or re-recording of a Mortgage ~ Reed of Trust, or re-titling of other security instruments, where sak! modification,.... re-re~rding or re-tilting is being .done solely. for the Purpose of oarnectfng the Mortgage,. lased of Trust or other security instruments ba conform carne to the original intent of the parties thereto or to correct title ennrs diswvered after such title lnsunnce was issra:d; provided ifiat {i} said modification,- re-re~irding, or re-titiir€g to .either irrs#anae, does not adversely affect the lien position of the Mortgage, peed of Trust or other security instruments as insured and (ii) otherwise conforms bo the provision of the lkjreernertt __._ .. _..2..__._.._ The st~bot~ination-e€ tfie•Nerrrrfar- _.,.- -~_ ._ htortgag~or'Eae~tTrtisf~an easement~in favor of a public utikty company of a gorremment agency or unit with powers of eminent domain; this section shah include, witilt?Ut limitatitan, the execution of p~artia sat€sfacti~s/releases, parfiat remnveyarr~.s or tf~ execution or requests to trustees to accomplish same. 3. The conveyance of ti,e properties to the mortgage insurer, or the dosing of the tits bo the property to be acquired as real estate owned, Or conveyance of tFtie bo real estate owned. 4• The oomp~tion of loan assumption Agreements, and recordatipn of sarrx? (if necessary}. 5. The. full or partial satlsfactionjre~ase of a .Mortgage or ~ of Trust or full ar partial conveyarx~e upon payment and disduarge ~ the raeaessary !Imitation, cancellation of the related Mortgage Nate. 6. The assk,~nment of any Mortgage, peed of Trust or other security instrument and the related Mortgage Note, to connection with the repurchase of the mortgage loan secured and evklenced thereby, Superior f> ~lio9 (2).doc V Ir-vestors OFFICIAL CERTt1=(ED (,i?P1' TRUE & COMPLETE' BOOK t PAGE i~~~ v~ ~~ A.1:.u~.rn t~edAower of Attome~+ ~ 209 )tI4~ f179 tfR ~~ ~ ~ 5S0 .Page a 7. The fait atment of a Mortgage,: t~ of Trxrst or other sewrity instrument upon. payment and dls~charge of ail sums secs~red kheretay in corrjundbrt with ~ refinancing thereof, indud~g, w>itfaoui kmitati~, the assigrur~nt of #~e related Nbrtga~ Nol~e. 8. WRh respect to a page ar Deed ~ Trust, the foreclosure, the taking of a deed in lieu of fcarecbsure, or the cornplet~ of judk~al or non-,~tul~tat lure or termtna#an, caricellaiion or ran of arty such foredosvre, r~luding, w~hout lknit~ton any and all of the falkuwing at~ss a. 'The swan of trusoee(s) serving under a Deed of Trust, to aorordarxae with ..state taw and the t)eecl of Trust;. b. The preparatbn and issuance of stabernents of tueach or non-performance, c. The preparation and filing of notices of defautf: arxi/or notices of sate; d. The canceitationJron of notices of default ar~d/or nohc~es sale; e. Tf~ taking of deed-in-lieu ofi fored~ure; acrd f. The. preparatbn and execution of such other documents. and performance of such .other ac#ons as may be necessary under the terms of the Mortgage, Deed. of Tna:t or state law bo expedltie~sly complete sad transact3ans in paragraph 8.a. tfar~h 8. e. above. 9. VYtth respect bo other security In:~anents the power to: a. Perform-any other necessary ads of foreclosure andJor evic#an. 10, With respect to the sale of real P+"pP~Y ~9u~ thnxgh a ftarectosure or deed-M-lieu of tnredosure, lndudirtg, without ttmitatlon, the execution oP the folkawtng documentation: a. t.isttng agreements; b. Purchase and sale agreern~ts; c. C,tantiwarrantyjquit claim deeds or any other deed causing the transfer of tfCle of .the pnsperty to a party onntracted to pwchase same; d. Escrow Instructions; and e. Any and all documents neo~ssary to effect the. transfer of real property.. ii. The modificaiion or amendment of esa~rnnr agreements established far rnpatrs to the mortgoged property. i~. Tt~ endorsement of loss drafts or other checks that are ner~ssary to effectuate proper servicing of the loan. f3. When request~erl lay the Trustee, respond bo tttk~ation contpiatnts, naming the Trustee as a defendant.. Tnutee will tae apprised of potential. iltiga#on by Master Servicer as soonas mmmerdalty reasonable. The undersk~ned gives said Attorne~r in-fad full. power and authorlt~r to earectrte such instruments and to do atilt perform an ar~i every act and hung neo~sary and preps!' t7o terry intd ef~tthe power or , _. p~+-e~ .. granted by or urxiar this Urnlted power of Attorney as fully as the undersigned might or could do, and herei~- does ratify and confirm to alt the Umited Power ~ Attome}r shalt be effective as spawn an Exhibit A. This Appolnttnertt Ls to be caanstrved and intf!rpre~d as a Umiteci Power of Attorney. The enumeration of specific items, righ#s, acts or powers tiered is not intended to, nor does it give rise to, and it is not to be construed as a general. pewver or attorney. [vathing cnnbined Itereln shall {t) omit In any manner arty Indemnil4ca#an~ provided by EMC to the Trustee under the Agreements, or {li} be construed to grant EMC the power to ini#ate or defend any suitr lt#gatkan or Ong brought against Bank of America, Natbnaf Association, as successor 4Y merger to LaSalle Bank fYatiortal Association as .Trustee for the applicable trtrSk, wept as speat~lfy provided far herein. If EMC receives any notice of salt, tfdgation or ptooeeding In the Warne of Bank of America, Natlonal Assxiation, as successor by merger to t3ank of Arrrertca, IYatlanai Assodation, as successor by merger to LaSalle. Bank iVatbnai As~datlon, as Tnrstee, then EMC shad forward a cxapy of same to the Tntstee within a reasonable: period of #me. 1109 (2).dac Instrur~nt Book Face . ~ tamtterl.Power of AtGornet+ 2[iL+9Q0i~D'sCJ79 f}R 82 ~i;f . page 3 Thy Lkntted Power ot` Attorrt~y Is not intended to ~ the powers granted to EMC under the Agreements or to atknnr EMC to take any act with respect to Mortgages, t~eds of Trust or Mortgage Motes not authotizec by t1~ Agreements. Motwithstandf~tg anytlting corttattecs herein to the eantrar}r, EMC Mortgage Corporatist sha#! ~ without the Trustee's written consent, and such aannsent shall raft be unreasonably w~hhe~: (i} inittabe any action, suit ~ proo~ding directfiy relating to fire servking of a Mortgage Loan soiety under the Trustee`s name without indicating EMC In ~ appikat~e, repiesentatlve ~~N, ~ bng as tfie' juristiictional'ar~i provedurai rules wilt aibw for tfiis lnser~rxt tct occur, (ii) it~tiate any action, suit or proceeding riot directt)r mating to the servking of a Mstgage Loan (etctciding but not limited to anions, suits or proceedings against Certificateholders, or against the Depositor or any Mortgage i_coan Seller for breathes of representations and warranties] solety under the Trustee`s name, (a'i} engage oncrnsei to represent the Trustee In any anion, suit a~ procaedirtg not directly relating ho t~ senridr~ of a Mafigage Loan (lr>cluding but not iirnited to anions, suits or proceedings against Certtficatehotders, or against the Depositor or any NbKgage Loan Seller for breathes of representations and warranties), or {tv) prepare, execeite or deriver any government 1)lings, forms, permfts~ registrations or other documertt5 or take any acttort with tits intent to cause, and that aduafty causes, the Tnastee to be registered bo do business in any state. EMC hereby agrees to indemnify and hold the Truster and its directors, olfioers, entpbyees and agents harmtess from and against any and. ail liabilities, obligatsons, susses, damages, penatt~s, actions, .judgments, suits, costs, expenses or d~sbursemerrts of any kind or nature whatsoever incurred by reason c~ result of ~ in connection wait the exerdse by EMC ~ the powers.. granted to it hereunder. The foregoing indemnity shafE survive the temtinatian of this Limiters Power of Attctmey and the Agreemerrts or the earner resignatbn or rerruoval oi' the Trustee under the Agre~rteng. This Limited Power of Attorney ~ entered ]n6Q and shall be governed by the saws of the State of Illinois, without i~egaM to conffins of law prindples of such state. Third parties withouk anual raatice may rely upon the exerdse of the power granted ur>der tltis Limited Power' of Atbcxney, and may rye satisfied ttrat this Limited Power o~ Attrrney shah amtinue In full force anti et~ect and has not been revoked artless an insbvment of revc~catkxr has been made in writing by the undersigned. Superior BlaNcet ~liQ9 {z}.doc Various IrnresOcrs limited Pciwer ~ gtCorney Inst~u~sent t3ook Paste ~#ipgppOQ3tl79 Ott S3 5~Z IN WITNESS 1NHEREOF, Bank of Arnertca, National Assodat~, as suoo~ssor by merger to LaSalle Bank tVati~ai Assadation as Tru~ee has caused its Go~Dmbe seat to be lter+eta affi~d and these pr~esertts ba be signed and acknowledged in ~ name and behalf by a duly elected and authorized slgnatiory this 24 day of dune, 2009. i Bank of Arl~rica, Na#onal Assodation as Atbesk: iVarrtes ro R.- ,: ~ .-Title:' Trust t~fiaer `~' ,,r~' ~ :{Gcrpara1s~~S;ea1} t. -~, ~= Ar~riuwiedg~i and Agreed Suocessar by merger tti Bank of America, Natkfna! Association, as successor by merger m LaSaAe Bank i~tionat Assodativn, a naaional banking assocGatbn, solety in its capacity as Tn~sbee pu+suant to the Pool~g and Serving Agre~nents tisfied an Exhabik A f Name: Vanessa L.. t7anner Title: Vice President Wibterss• ?ranted Name: Darlene Mon~ow Witness: °"~-~----' Printed Na than T. V~ca =~'EMC~Mortgage C,orpcxataon i. ,- ~~ Nantie: Title: SPATE OF TLasNaIS CC?tJNTY OF COQK tJn ,7une 24, 2Q09, before me, the undersigned, a Notary Publ~ in and for said state, personalty appeat~xi Yam l..•. 1(.~P of Bank of Arricai, Naticnat AssoctatJon,-as suoaessor by merger m Bank of Arnedra, National Assodataon, as successor by merger tr~ L.aSalte Bank National. Assodatlcm, as Trustee pursuant bo the Footing and Servidng A}reements tasted tasted "tn Exhibit "A ; personaaly .known to me tQ be the person whose name is subscribed m the within Instreiment and acknowledge to me that he/tee exea~bed that s~a~rle in hisit~er aut~arc~ed rapacity, and that by haslt~er signature on the ll~strument the entity upon behalf of whkh the person acted and exea~ted the instrument ' VUTTTiIESS my hand and of~iat seat. ~`7t~ NtCLtid , __ °~'~~ (I r- ETHEL FflA ____ _ _.. t+N3TARY PUBLtC STATE OF EiIS Gxnl13iss{ort Superior Biar~lcek (361109 (2).doc dariou5 Irivestor5 ,, _, ' 3nstrun~nk liaok f ase Limit~t.P~w+rer of Athomey 20~90t-0~3fl79 OR 82 583 ~S i Notary Public, State of Illinois ~'~ Instru~ent Bonk Pass Urrrited.NuwsrofAttarncy 2~9fs~403D74 DR t;2 SE4 .~~ EXHIBIT A Sank of Amerka, l+~atil Association, as successor by merger ~ LaSalle Bank National Associaton, successor in interest bo LaSalle National Bank, in its capacity as trustee asides that certain. Pooling and Servkittg Agreerrrent dated September ~i, 1997 amcx~g LaSalle National Bank, as "I"n~sbee, Superior Bank FSB, as Depo~lbor;' and Lee Servicing ~'-P~Y, a dlvlskxxr trf Superb Bank Fs$, as Services, AFC Mortgage Loan Asset Backed .Certificates, Serles 1997-3, artd arty amendments ttteretxt, Bank of America, National Assoaation, as successor by merger to LaSalle Bank iYatiOrtai Association, sua~ssor in interest to LaSalle National Bank, in its capadty as trustee asides tfiat certain Pooling and Servk~ng Agreement-dated December 1, i997 between LaSalle Natitutal Bank, as Tnrsbee, and Superior Bank FSB, aS Depiasitar and Servker, AFC Mortgage LAan Asset Backed Certificates, Series 1997-4, ar~f any amendments thereto, Bank of America,.Natlonal Association, as successor try merger to LaSal~ Bank National Assoaationr successor in tnt~st tv LaSalle National bank, In lts capacity as trustee under tfiat certain Pooling and Servicing Agreerrtierrt dated March 1, 1998 between LaSalle National' Bank, as Trustee, and Superior Bank FSt3, as Oepositxx and Services, AFC Mortgage Loan Asset Backed Certifkates, Serle'.s 1998-1, and any amendments thereto, Bank of Artterip, National Association, as successor by merger to LaSalle Bank National Associatkm,' strc~essor in ingest bo LaSalle National Bank, fn its capacit)c as trt~bee under that Certain Pookng and Servidng Agreement dated dune 1, 1998 between LaSalle National Bank, as'Trustee, and Superior Sank FSB, as t~epositor and 5ervlcer, AFC Mortgage Loan Asset Bacficed CertlftcaEes, Series 199&~, and any amendmerrts thereto, Bank of America, National Associaticur, as successor by merger to LaSalle Bank Natkuaa! Ass~orialion, successor In Interest to LaSalle National Bank, in its capacltyas trustee undue that curtain Pooling and Servicing Agreerrtent dafied Sept~errtber 1,-1998 belweert LaSaUe Naticnai Bank, as Trustee, and Superior Bank 1=58, as Depositor and Servker, AEC Mortgage. t.oan Asset Backed Certificates, Series 1998-3, and any amendments thereto, Bank ~ America, National Association, as successor by rtterger to LaSalle Bank National Assadatkxt, ' successor !n interest ba LaSalle.Nat3onal Bank, to its capacity as trustee under that c~taln Pcding and Servicing Agreerrrertt dated November 1, 2998 betrveett LaSaillF: Nat~rtat Banks as'Trustee, and Superior Bank FSB, as Depositor and Servloer, AFC Mortgage Loan Asset Backec! trees, S+er~es 1998-4, and any amendments thereto, Bank of Amenca, National Assodation, as successor by merger to LaSalle Bank National Association, in its opacity as trustee under that certain Pooling and Servicng Agreement dated Aptii3U, 1989 arrartg LaSalle Bank Natiorta! Association, as Trustee, Comfin Seeuritization Corp., as Depositor, and Superior Bank FSB, as Services, iromfin Mortgage Loan Asset Backed t;.errtiicat~es, Series 1999-A, and arty arrtender~s thenebEt, Bank of America, Natlda'tal Association, as successor by merger to LaSalle Bank National Association, successor in lntarest tr+ LaSalle National Bank, in iks capacity as trustee under that certain Pooling and Servicing Age dat~i February 1, 1999 between (.~$al~ Natlortai-Bank, as l`rustee, and Superior Bank FSB, as D~ acrd Services, AFC Mortgage Loan Asset Badceci Ceriificataes, Series 1999-I, and ' any arrterximents thereto, Bank of Arrterica, Natior~l Association, as successor by merger to LaSalle Bank Natktnai Assodatlon in its capaaty as trustee under that certain Pooling and Se~rrrking ~jreement dated .~urte I, 1999 b~Kw~een LaSalle Bank Natkxtal Association, as 'Trustee, and Superior. Bank FSB,. as Depositor and Services,.. AFC Mortgage Loan Asset Backed Cerklfieat~, Series I99g-2, and any amendments titeretn, Superta Blanket 061109 (2).~c Various Irtve>tnrs i ~- Insi:rur~nt gdflt page • ~ ' 30ngOp~3I}79 OR E2 58S lJmib~ Po-ver of Attorney •~~ Bank of America, Nattonat Assadatbn, as suaaessar by merger. to LaSalle Bank National Association, ~ lts ~pac~j- as indenture trustee under that cerbin Sale and Servicing'Ag!'eerneilt dated September i,' 1999 ,. among AFC Tout Series `1999-3, as Issuer, Supertax Bank FSB," as Seiko oral Services, and LaSalle Bank National Associattan, as Indenture Trustees AFC Mortgage Laan Asset Backed Notes, Series 1999-3, and any amendments-thereba, Bank of America, Piationat Assaaatton, as. successor lay meager to LaSalle Sank Natlar-ai Association, to tts capadty as indenture trustee under thatcertaln Sale and Servicing Agreement dated December 1, 1999 amtmg AFC Trust Sertes 1999-4, as Issuer, Superior Bank i~6 as Seiler and Servkaer, ar~d LaSalle Bank National Assacta#ion, as Tnderyture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1999-4, and any amendments thereto, Bank of America, I~atiarial Asscxdati~t, as successor by merger to LaSape Bank National Assooation, irf its capadty as indenEcfre trustee under thatoertain Sale aril SErvicing Agreement dated March 1, 2000 among AFC Ttvst Sete 200E1-1, as Fssu~ SupeNor Bank. FSB, as Seller and Servioer, and LaSalle Bank Nattor~l Assodat9on, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 2000-i and any amendments therebQ, Bank of America, Nat~nal A~actatlon, as succ~essar by merger to LaSalle BaMc Nat~ttaf Assoctat~n, in its capacity as Indenture trustee under that oertatn Sale acrd Servtcing Agreement dated .7une 1, 2000 among AFC Trust Series 2000-2, as Issi.~er, Superior Bank FSB, as Seller and Services, arufi l.aSalie Bank NatlOnai Assadatian, as Indenture Trustee, AK Mortgage loan Asset Backed Notes, Series 21)00-2, and arty amencinlen#5 thereto, Bank of Arr~rica, National Assaciat3on, as st~essor by merger to LaSa[le Bank National Association, to its ' capadty as indenture trustee under that oertatn Sale and Servking Agreement dated. Ckt©ber i, 2U00 among AFC Trust Series 2000-3, as Issues, Superior- Bank FSB,`as Servic~^ Coast To-Coast Mortgage SPV-2 Carp., as .Seiler, LaSalle. Bank National Assa~ciatlon,'' as indture Trustee, and Coast To-Coast Flnandal Corporation, AFC Mortgage Loan Asset Backed Notes, Series 2000-3, acrd ar-y amendn~ts them, Bank ~ Arr~rka, Nafilcmal Assodation, as successor by merger to La5311e Bank National Associatkm, in lts + . capat~y as indenture trustee under that certain Sale and Servtdng Ac~re~ement dated t?e~nber 1, 2000 anwng AFC Trask Sergi 2000-4, as Issuer, Superior Bank FSB, as:5ervicaer, Coast To-~Caoast Nbrtgage SPY-2 Carp., as Setkr, LaSalle Bank Natlottat Assoclatfan, as Irxienture Trustee,'and Coast To~~Caast j Firtandaf Carpe, AFC Mortgage Loan Asset Backed Notes, Series 2000-tf, and any amendmeres .. . j them _ ___.- -- -- i Bank of America, National Association, as successor trY merger. to LaSalk Baltic Natbrtat Assodattan, to lts capacity as indenture txustee under that certain Sale and Servicing Agreement dat>ecl March 31 2000 among Camfin Trust Series 2tI0D-A, as Issuer,' Comt3n Securitlzatian Ccxp., as Depa', Superior Bank FSB, as Servker, arxi LaiSa~e Bank lVat&~tal Association, as Indenture Ttusfiee, Comfln Morhgage Loan f Asset Backed Notes, Series 2IX1~0-A, .and arty arnerxlments thereto. Exhibit "E" TRACT N0.1; ALL rHAr CERTAIN bt of situate !n the wltage of Nogeslowrr, township of sever spring County of Cumberland and Stabs of PennsyNa~r~b more partbwlarhr banded and descrbed as foNows, to w~ BEGINNING a< a post severMy-fne (7~ry feat Souf!- of the smote Pb.11~ whfoh said point is also the sartf>saat comer ~ otlreu krrrds row a- b of the Presbyterians at 8>coce YYest by Fends of the PresbyMrhr ctarretr ~Y ~) ~ b a poir~ thence south leads nosrr ~ toot Corrunan. sereMy-Ifv'a (75) b second Uratce East shy (8~ feet m era of other iartds crow ~ manly of Armle ~g ~ B along (ands now or fortnedy of Mnie ERzaberth F3est, seventy-five p5) feet TRACTNO.2: ALL THAT CERTAIN bt or parcel of ground altuate in the vahge bd wed an~d~desarbe~d as saver Spring County of Cumberland and state of Penrtsyhrania, mare parUar~rly foaows, b w~ BEGINSNpINeYG~ ~~ a post on the Barris Carlisle and Charnberaburg Turnpice; thence by bt rww or late of ~Y (~) ~ ~>• P~ bebyy j~ncj ~ ~pr~Nortl+s~~nty.Ave (7S~ teat to a ~ at t the TB umpik~st ttienoe b!+ said Turnpike East sbdy (80) feet to 9~e place of BEGINNING. ParceltKi8-18-1332-042 Promium Role 5758.50 Endorsements;150.00 ~00);~574 rar;Eii27 l,s,s~r,o, • Exhibit "F" YIIdIII~AIIIAI~IIIIIIIIIN~ ~,o.:~oo z.oo =3., 0303 August 20, 2009 III ~~~ ~~~f ~~~ ~ ~~ q~ ~~n~ ~~q II II Gary Shimmcl 66I I Carlisle Pike Mechanicsburg, PA 17050 >;~l\1'fl fl ~ ''',,. f i ~f F ~. J }1ur/~n@r 1 "nrparafio~l EMC Mortgage Corporation Po 13ox 6607~3 Dalhjs,l X 75266-075 3 Re: Loan No: Property Address: 66l 1 Car sle Pike Mechanicsbu,l'A 17055 Your house is your home. We want to keep it that way. We need to talk -call 1-888-609-2379 today. Yot.t're going through tough times - we can help. In fact, we believe your home maybe eligible for a loan modibcation program - we maybe 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. liut 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 ot.tr 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) S82-OS42 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 yot.t 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 tis immediately. Please don't delay-call us now at 1-888-609-2379. PENNSYLVANIA IIOUSING I+INANCE AGENCY HOMEOWNER'S ENiERGENCI' MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES BY COUNTY REVISED AUGUST' 1, 2008 August 20, 2004 HOME FR~~ FORE~~SURE This is nn offici«/ notice Ihrrl the nrorlrnge on ,Pnnr hnme is in rlefrrrrll, «nrl the lender inlends Gr firrerluse. Speeifie infirrnr«linn nhorrl the nnlrrre of the dcfrrrrll is provided i» the «ll«rhed prrgcs. IMPORT ANT /NrORMAT ION CONCE1tNING }'DUH 1t.IGH7S IS C'ON'1'AINT;D OA' 1'AGIs THREIs 71re IIOMF.OFYNER'S EA41i12GENC}'MOItTC;AGE AS.SISTi1NCE 1'ItOGRAM (IIEMAP) rngy' he nhlc to help to save purrr home. %'his nnlice explains horn the program rrnrks. '1'n see if HEMAI' can help, ,parr rnusl MEE%' F}I%'II A CONSUMER CREn1T C'OUNSF_LING AGENCY R'1TI1/N 3.i DA }S 01- THE DATI3 OF TFILS ,1'O'1'ICI T«kr> 1/its Nnlice fvilh )'nn when )'ou meel rvilh the Cnnns~ling Agcnra~. 1'he prune, address, and phone nurrrbc:r of Cnnsruner C'rerlil Cn«nselin~ Agencies snrvinR,your Currnh' pre !islet/ «I the c>nd nflhis Nulice. Ijpoer have nrrp yuesliuns, yurr nr«.p err/l Ihc,Pennsplvnnirr Iluusin~> F'in«rrce Agc~ncy 10// free «I 1-800-342-23)7. (I'ersars u'ilh inrp«irerl henrin;; can call (?l7) 780-1869). This Notice coal}tins important Icgal information. If you have any yucstions, representatives al the Consumer Credit Cunnseling Agency may be able to help explain il. You may also want to contact an attorney in your area. The local bar association may he able Io help you Imd H Taw}'l'1'. LA NO'1'IIYC'r\CIO'N EN AD.IiJN'I'O i?S 1)E SUA'IA IMI'OR'I'ANCIA, PUF.S AFI.C'fA SII UEI2I:CH0 A CON"1'INi.1AR \'i\'IENI)O I~.N SI( (:ASA. SI NO COMPRENDI. E1. CONTh:NIDO })1s ES'fA NU'I'I1~ICACIO'N OBTENGA UNA 'I'12ADli(:('lU'N INNIEDIATAMEN'I'E LLAMANDO ESTA AGI?NC'IA (I'ENNSYLVANir\ HOlIS1NG h1NANC1i AGENCY) SIN C'AR(:OS AL NtrMla20 MI~:NC'IONADO A12121IIA. Pl1EUE SER EI,N:GiIILE. I'ARA iJN I'I2E'S'I'AMO I'UR EL P120GRAMA LI,ANIAM) "IIOMEOWNI?R'S EMI?RGENCY MURTGAGI? ASSISTr\NCE PROGRAM" 1:1. CUAL 1'ill?DE SAI.VAR SIB CrASA DE LA PERD1llA DEL I)ERECHU A REllIMIR SU I111'OTN:C'A. ilOMFsUWNli12'S NAMII(tig Ciar~' Shimmcl I'itOI'I?R IY nDURI?SS: GGI 1 ('arlisk Pike • 'cshu.l'A 1705 URIGINAI, I.LNDI~It: AL.LIAN(T FUNDING CU C't-IRRFiN"I' LI3ND6R/SERVICIiR: CMC Mortgage ('orporrtiai HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOL/ MAY I3E F,LIGI131.E 1%OR I'INANCIAL ASSISTANCE WIIICH CANSA VE YOUR HOME FROM.FOREC'LOSL/RERND IIELP YO(/MAKEI'U'PL/ItE MORTGAGE PAYMENTS 1F 1'OLI COMPLY WITII TIIE PROVISIONS Or'1'I~l: HOMEOWNER'S L'MERGF.NCY MORTGAGE ASSISTANCE. AC'7' OE 1983 ('T'HE "AC'T'"}, YOLI MAY BE EI,IGIBLL++' FOR EMERGENCY MORTGAGE ASSISTANCE+': * IP' YOUR DE.1?Atll;l' I-IRS BL+'EN CAUSI±,ll BY CIR(.'tiMS'I'ANCES BEYOND YO1112 CONTI20L, * Ih YOU IIAVF. A REASONABLE. PROSPEC"I' OF B1;ING A131.E'I'O PAY YOUR MOIL'I'GAGF; l'AYMI;N'i'S, AND * IF YUU MF,E'1' U'I'IIF,R b:LIGIBII.I'I'Y RL;QtIIRE,MEN'I'S ES1'A13LISIIF.D BY'I']IF, PN:NNSY'LVANIA Il0[ISING hINANC'E :AGP:NCY. T'P.MI'OIZARY STAY OI' I~'ORlC'LUS(/IZE - llnder the Act, you are entitled to a temporary stay' ul' foreclosure nn your mortgage for thirty (30) days leom the date ot'this Notice (plus three (3) days for mailing). Dwing that time you must arrange and attend a "lace -to-Bice" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MI'TTING M(I,ST O(.'CL11t WITHIN TfIIXTY-%'II1tL•'Is (.;_1) DAYS OF %'III:' DATIs' UF' %'HbS NO%7C'E. !l~ }'OU 1)O NOT APPLY F'UR I: rl?I_sKG!'NC'}' MUItTGAGE AS'.S'LS7iI Nl'1, }'O(1 MUST I3IZING YOC?R MORTGAGE C1PI'O DATE,. 71-II;' PART OF THIS NOTIC.'li C'A/.l.F_'D "H041' "I'O l'C/Itl; YOUR MORTGAGI; DI:'fA(!/,"l'", I:XPI_AINS'IIOYI''1'Ol31t/NG }'0C1R MORTG,9GE (/P 1'OD,9TL'. CON.SL/MER (.'ItEDT!' COL/1VSELING AGENCIES -1l:I~ou nreel til~ith vne vJ•Ihe evnsumer• c•r•c>rlit counseling agencies listed rrJ the earl of•Niis notice, the ]carter' mnv NC)T take action against you for lhirh~ (30) days after the date of Nris rneetirrg. 7'he nanres• addresses trod telephune numbers of desigmnted consrrmer• credit counseling agencies for' the counn~ in which the pruperh~ is located ore set for•!h at the rod q/this Notice. II is onl1~ necessln.L• to sc/redule one face-to face meeting. Advise yorlr lender;mnrediatelr vl NUrll' 7711enI1U113. APP/.IC'ATIO,N FOR MORTGAGE ASSISTANCE - Yorrr• ruortg«ge is in default fvr the r•ensons sel•for7h later' in this Notice (see fvllu:+•ing pages for spec•i/ic• irxjor•rnativn rrhorN the nnhu•c o/:vvur default). ) ~)rr hnue the right n) apph••li)r• /financial assistance from the Ilomeuwner's I;'mergencr Mvr•Igtrge Assistance Program. Tn rlo sv, you must fill out, sign trot] file « cornpk~ted F/umevwner•s• F,mer~>enct~A.rs•istnrrr•l~ Pr•ul;>r•«nr Applir.«lion wit/r one of the designated corrsunrer c'r'edit r•vunseling agencies lislcd «l Nte errd o/'Ibis Notir•e. Onl4• consumer credit counseling agencies lrm~e rrppliralions•li~r• the program acrd llrrv s~rill assist you in suhmiUing a rornplete applirntion to the Pennsylvania Housing Finmrce Agerrct•. To tenrporaril>• stop the lender•~•vm•/ding a•forl>clasrtr•e nr•tion, your app/icrrtivn MC/S7'bc /ir~wnrded to I'HFA yard receiver! rvitlrirr thirty (3U) r/rnr q/'.vvur•)<rr•e-tv-/rme meeting Heil/r the curtnselin,~~ agency. YOU SFIOL/LD 1:'ILE A HEMA1' A1'PLIC'ATIUN AS SOON AS POSSIBLE. IF YOU HAVF.• A MEETING WITH A COI /NSELING AGF.NC'Y 1•VIT HIN :33 DAYS OF %'III:' POST MARK DATE Ol~ THIS NOTICE. AND FII,F. AN Al'P1.ICATION WITH PH1'A WITHIN .3U DAYS OI' THAT MEE77NG, '1'IIF,N TFIE LENDER WILL 13E TF.MI'ORARILY PREVENTF,D F720M STARTING A F'OI2ECI,OS7/Rli AGAINST YOL/R PROPERTY, AS EXPLAINED A/30V1:; IN TIIE SECTION CALJ.ED "TG,l9l'ORA12 Y ,57:4 Y OF I•'l)RI: CZOSI /J2li. " I'Ol' 1/AY'1: THI•' RIGI17' TO Fll,li A //I: MAP AI'1'1,1(.'.~177UN f;l-'/iN 13/iYONU %'F1ES1:' T[hIE PL'RIODS. A I,ATIi AP!'LJ('.4%'/UtS' W`U.L A'OT' 1'R/'VRN'T' 7'llli 1>l:NDF.'R I•'I20M START'ING.9 h'(1R1sC'LOSI/RE AC'T'ION, Bl/T'Il< YOUR APP/.IC:~TIDA' 1S l: VGNT'1/ALLY API'I2UVED AT ANY TIME I3EFO1tE A SHERIFF .S SALE, TI/F. FORP.C'LOSI/Rl; WILL, Bli ,STOI'Pl:'D. AGENCY AC'TIUN - ,4vrrilrtble /ilnds /or emergency nrortgnge assislan•e ore very linriterl. "I'be>• will t,e rlishur•sed by the Agenrv under the eligibility criteria established by the Act. T/re 1'ennsvlvarrin Housing Finance Agenct~ has s•irh• (<Oj d<qs tv make rr decision after it receives your application. Daring that time, no foreclosure proceedings will be pursued agnirrst yvrr it you hnue met the timc> requirements set furlh above. Yorr will be notified directly br the Pennsulvnnia Housing Finance Agenr.y vl'ils decision on your' npplicntivn. NOTE: IF YOI/ ARF_ CL/1tREN'1'LY PROTECTED 13Y T IIE FILING OF A I'F_TITION IN BANKI2 L/1'TCY, TIIE FOLLOWING 1'A12"1' OF THIS NOT IC'E IS FOR INI~'OI2MA'1'ION PC/12POSES ONLY AND SHUULD NOT 13E CONSIDERED AS AN AT•TEMI'T' TO C.'OLI,BC.'T TIIE DEBT: (If you have filed bankruptcy yvrr c•an still apply for F,merr;ency Mortgage Assistanc•e.) IIUFV T'O CUI2E Y0I/R MUI2TGAGE DEFAII~T (Bring it up to date): NATf%RE OI< TIIE DIiFAL/I,T - "I'lr• MORTGAGE.' debt held br the nbvvc> lender vn yvur• properh• totaled at: 661 I ('artiste Pike, Mechanicsbu, PA 17055 • IS S1il2I0USL.Y TN L)}[FAUL;1 T18CaUS~: A. I'O(1 Ilff 6'E NO7'MAUI; MONTEIL}' MUI21'GAGE PAYMENTS fvr• the following months «nd the ~)Ilorving anrorlnts ur•e now past rlue•: (a) Monthly payments lrom US/17/200): (h) Late charge(s): (c) Other chargo(5): NSI~ and Advances (d1 I.css: ('rant T3alancc (e) •1'olal amount rcyuircd as of 08/]9/211(19: $.1,657.70 $40.64 $342.69 $0.00 $4,041.23 HUIV TO CC/RE TIIE_' DL'T AUI,T' - Ylru rn<n• rr«•e this rte/hnh tir•it/tin 1'HIR7'Y (30j DAY.S•frunr Nlc data o/'/his Notice 13Y PAYIN(; T'tlli T'O%A1..9/N0I/NT 1'AS7' UUE TO Tllli LF,NDER, WE/!C"E! /S' $ JT4,041.23, PLUS ANY MORTGAGE PAYMENTS' :4N1) l_A77s C'11.gRGES (mrd other charges) WHICH BECOME DUE' D(/RING THE THIRTY (30) DAY PERIOD. I'a_t'rnents• must he nrrrde either by r.•ash, cnshier•'s r•herk, cer•ti/ied check, or• nrvnet~ order made ppayable and seat to: 1MC Mort a e Co• oration Po Box 660753 Dallas, TX 75266-0753 II' YOi/ DO N0T CURL: TIIE DEFAL/LT - l/:yvu do not cure the rlefrrrdt within THIRTY (3Uj DAYS v/date o/'this Notice, the lender intends tv ~Yerrise its right to accelerate the mortgage dehLTJris nreans• ]trot the entire orttstanding balance of this debt will be considered clue inuncdiateh• and yorr mqv lose llre chance to pay the nlortgnge in mond~ly installments. If lull p<rvment gl'Ihe total nmvunt prrsl due is no! rurrde within THIRTY (3U) DAYS', the lender nlsv intends' to irrslr•uct its nuornet•s tv start legal active Iv firrerlose upon •yorrr mortgaged properly IF TtIG MORTGAGLi IS I nRF_C'LOSED L.11'ON - 't'he mvrtgrrg>ed properly will be sold by the Shc>r•rl/ to p<lr o/J•Ifre rnvr•Iguge debt. /% Nrc• lerrder• rrr/i>rs taut' rase Iv its' atlorneyc• brit yuu c°ure the delinquency before the lender hegirrs legal pruc•eedinh>s «gainst ~~orr, i•urr will suit( he reyllire</ to prix llre reasonable nlta•nc:y's• /i:es• t/rrrt n•cre actrtalh' in•ru•r•crf, rtp Jo .50.O(1. Hvirvi'er•, i/•leg«l pror•eca/inks are svm7ed ug«inst rvrr, you trill have Iv par a/I reasounble atk)rne is fees «c•turrlh• in<•urre d hr Ilre leer/er r•ren i/'they errer-d x5(1.00. Any «Iturnel''s lies »~il! he added tv the rnnount yntr uu•e the lender, which may «/s•o inr•lude onc~.•r reasvn«hle c•nstsJJ• you cure the default within the 7'flllti'Y (30j DAYperiorl, you will nut he required to prrl~ attorney's je~s. UfIlER hG''VDEI(' 1(Er1111)IES - '/'hc• lender ntrn• irlsu sae iwu lre•rsunrrlh'.li~r the unpaid pr•inci/~nl hn/nrrcc• rnrd all ullre•r stu-ra• [lire 1tIGFlT TO CC/1(l.' Ttlli DEFA (1L%' PR/OR 7'U S11h'1?1h1~'S SALIi' - 1/:roa have n[~~ c~[red the def rrrh twilhia the T//IRTY (30j D:4 }' period arad.lorr[•hrsur•e pracee[lingv hate be~~tm, rorr still have the ri~hf la c-ru•e the de~rrrh and preterrr lire sale u! am lirrte rrp !v anc• lwta• he%ure the SYrc~ri//'.r Sala. Yoa nun• do so hr prn•ial,~ !hc total urnuunr Nrcn past due, plus aT(t• lure or other churXcs then [tae. rerrsunahle [rraornet's fres and ~•osrs ranuecled ttiNr the /in•ec/aa•ur•e sale and ra~4• ul7rer roses [•unnecled x~irh the Slreri%/'s Su(c as sperr/ied in ttriling hr the fader and hr per%orming arrt• vlher regtrirernerus under the ntorlgul,~e. Curing your default in the manner set Corlh in this notice will restiire your mortgage to the same position as if you had never defaulted. EAlt LIEST POSSII3LE SIIEXIFI''S SALC DATE - It is estimated that the earliest date that such a Sheril'1's Sale oC the mortgaged property could he held would he approximately five (S) months from the date of this Notice.A notice of the actual date of the Sheriffs S~ile will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wail. You may find out al any time exactly what the required payment or action will he by contacting the lender. IIOW TU CONTACT THE LENDER Nanlc of Lender: EMC Mortgage Corporation Address: Po Box 66075; Dallas, `fX 75266-0753 Telephone Number: I-$i;R-609-2379 Pax Number: 214-626-5999 (:'ontact Person: Loan Resolution Department I:{-mail Address: emcpaact9l(c?.jpmorgan.com Isl~7'IiC'%'OF'StlEltll~T'iSSAl,Is -You should realize that a Sherili's Sale will end your ownership ofth~ mortgagee} pmperty:mtl your right to occupy it. ICyou continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other helungings could be started by the lender at any time. ASSI~MN%'ION Oh MORTGAGE' -You may out sell nr transfer your home to a huyer 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 ul'the; mortgage are satislied. YO U MA Y ALSO IIA VE TIIE RIGHT: 'I'U SELL T'HE I'ROPERI'Y TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT' UR'I'O BORROW MONEY 1~ROM ANO"fHER LENDING INSTITLJTION TO PAY OFF THIS DEBT. 1'O I-IAVE TI IIS DEPALJLT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE TIDE MORTGAGE RESTORED 'f0 THE SAME POSITION AS IF NO DEFALl1.,7' HAD OCCURRED, IF YOII CL)RE 'I'1-11-i 1)F.FAULT. (I-IOWEVER, YOLJ DO NOT ]~AVF, THIS RIGHT T'O ('LJRE YOiJR DEPALJI-.T MORE THAN TI-IREEi T[MF(S IN ANY CALENDAR YEAR.) '}'0 ASSI:R'1' '1'}-1 T: NONEXISTENCE OP A DEFAUI..`I' IN ANY PORECI,OSCJRE PRO(BEI)ING OR ANY UTI~]ER LAWSUIT INS7'1'1'U'fID UNDER THE MUR"I'GAGE DUCl1MENTS. " 'f0 ASSIR'l' ANY O'1'I-IEI2 DEFENSE YOLI BELIEVI? YOU MAY I3AVI:'TO Sll('I-I ACT10N 13Y'1'f-iI: LIi1~'DJ:R. '1'O ShIiK 1'RO'I'F~('"PION LJNDhR T1-{E FEDEItAI. BANKRUPTCY LAW. C'ONSLIMGR C'ItEDI"1'COL~NSIi'LINGAC;F.NCIL'SSERVING YOI/R CUL~N'/'Y CAN13L 1%OL/Nl) UN 1'AG1iS 4-6. Au iropm•lant reminder for alt our customers: As stat~t in the. "Qnestions:utd Answers for I3orrotvers abonl the Ilomrnwncr AI'I'ordahility and Stability flan" distribnled by the Ohama Admioislralion, "13orrowers should hetrare of any organization that attempts to charge a fee for huusinK counseling; or modification of a- delinquent town, especiall}~ if they require a fee in advance." f?.MC offers loan modification assistance free of chau•g;e (i.c., no modil'icalion I'ee required). Please caul us innnediately at t-t3t38-609-2433 fo discuss your options. "1'he longer you delay the fewer options you may have. l?~7(' n9irrlgnge ('orpuration is attempting In collect a debt, and any information obtained will be used for that purpose. 5inccrcly, EM(' Mnrtgagu Corporation Po Box 660753 Dallas, TX 75266-(}753 * Indicates Counties Serviced Acorn Housing Coryorelbn 846 Nodh Broad Slreet Philadelphia, PA 19130 (215}765.1221 'Bucks, Chaster. Delaware, Montgomery. Phlladelphie Action Housing Inc 425 6th Avenue. Suite 950 Pittsburgh. PA 15219 (412) 281-2102 'Allegheny. Beaver Butler. Fayette. Greono, Washington. Westmoreland Adams Count' Interfaith Housing Aulhorky 40 C- High Slreet Gettysburg, PA 17325 (717)334.1518 'Adams. Cumberland. Franklin. York Advocates for Financial lndopentlenco 1806 S Broad Slreet. Suite 1B Philadelphia. PA 19145 (215)389-2810 'Philadelphia Advocates for Financial Independence 202 East Hinkley Avonuo Rtdley Park. PA 19078 (215) 789-2810 `Delaware Nleghony County Acorn 5907 Penn Avenue. Suite 30C Pittsburgh, PA 1521)6 (412) 441-6551 'Allegheny American Credo Counseling Institute 21 S Church Slreet West Chester. PA 19380 (888) 212.6741 'Chester Amortcan Credll Couseling Institute 526-528 Dekalb Slreet Norristown. PA 19401 (610)971-2210 (888)212-6741 'Montgomery. Delaware Amonran Credd Counseling Institute 530 W Street Road. Surto 201 Warminster. PA 18974 (215)A44-9429 (88A) 212-6741 'Bucks. Montgomery. Philadelphia American Gredil Counseling Institute 937 North Hanover Street Pottstown, PA 19460 (888)212-6741 'Berks. Bucks, Montgomery American Credit Counseling Institute 229 Easl Chestnut Street Coatesville. PA 19320 (888)212-6741 'Cheslnr. Lancaster American Financial Counseling Services 871 N. Easton Road Glenside. PA 19038 (267)228-7903 'MifBin American Financial Counseling Services 405 Wosl l:wrmanlown Pik0 Nomwtown. PA 19403 (267)228-7903 'Marlin. Montgomery Amoncan 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, i'A 19087 (610) 9712210 (888) 212-8741 'Bucks. Chester. Delaware. Mongomery Philadelphia American Financial Counseling Services 906 Penn Avenue Wyomwssing, PA 19610 (267)228-7903 (800) 490-3039 'Barks American Financial Counseling Services 871 N. Easton Roed Glenside. PA 19038 (287) 228-7903 'Montgomery American Financial Counseling Services 1917 Welsh Road Philadelphia, PA 19115, PA 19610 (267)228-7903 'Bucks, Montgomery, Philadelphia Amonpn Red Cross -Hanover Chapter 529 Carlisle Street Hanover. PA 17331 (717)637-3768 'Adams. Franklin. York Amurican Rod Cross of Chester 1729 Edgemonl Avenue Chester. PA 19013 (610)874-1484 'Chostnr. Delaware APM 2147 Norhl Sixth Streal Philadelphia. PA 19122 (215) 235-8788 'Chester, Delaware, Philadelphia. Bucks Armstrong CO Communlry Action Agency 124 Armsdale Road. Suite 211 Kittanning. PA 16201 (72A)548-3405 'Armstrong Base, Inc. 447 South Prance Streol Loncaster. PA 17603 (717) 392-5467 'Lancaster Blair County Coinmunly Action Agonty 2100 6th Avenue, Suite 102 P. D. Box 1833 Nloona. PA 16602 (814)946-3651 'Blair Booker T Washington Center 1720 Holland Street Erie. PA 16503 (814)453-5744 'Crawtortl, Ene. Warren Bucks Counly Housing Group 200 W ost Bridge Street Morrisville. PA 19067 (866)866-0280 'Bucks Bucks County Housing Group 2324 Second Street Pika, Suite 17 Wrighlstown. PA 18940 (866)966-0280 'eudks Bucks County Housing Group 470O1d Dublin Pike Doylestown. PA 18901 (ass)ess-oleo 'Bucks Bucks County Housing Group 349 Durham Road Penndel, PA 19047 (866)866.0280 'Bucks Bucks County Housing Group 515 Wesl End BNd Quakertown. PA 18951 (866)866-0280 `Bucks Budge) Counseling Center 247 North Fifth Street Roadiny. PA 19601 (810) 375-7866 'Burks. Chester, Schuylkill Carroll Park Communky Council. inc 5218 Master SVeet 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 Valloy 1230 New Rodgers Roatl. Suite F1 Bristol. PA 19007 (215)563-5665 'Bucks CCCS o/ Delaware Vanes 1777 Santry 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 Bukding 790 E Market SL Suite 170 West Chester. PA 19382 (215) 563-5665 'Chester. Bucks cccs a Delaware vanes Catholic Social Services Building 7340 Jackson Street Philadelphia, PA 19136 (215)583-5865 'bucks. Philadelphia CCCS of Delaware Valloy Ono C,heny hliil. Suite 215 Cherry Hill, PA 08002 (215)583-5685 'Philadelphia CCCS of Lehgh 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. Suae 6 Williamsport. PA 17701 (570) 323-0627 'Centre. Clinton. Lycoming. Northumbodand. Union CCCS of Northeastern PA 202 W Hamilton Avenue Slate College. PA 16801 (81A) 238-3868 'Biak. Cants. Cbarfiekl. Clinton. Huntingdon. Juniata. MiBlin CCCS of Nodheaslem PA 401 Laurel Street Pittston, PA 18640 (570)802.2227 'Bradford. Carbon. Columbia, Lackawanna, Lycoming, Monroe. Montour, Northumbodand. Pike. Sullivan, Tioga, Union, Wayne, Wyoming CCCS of Nodheaslem PA 411 Main StreoL Suite 104 Stroudsburg, PA 78360 (570)420-8980 'Bradford, Carbon. Monroe, Piko. Wayne CCCS of Weslom PA 1 North Gate Square #2 Garden Center Dr Greensburg. PA 15601 (860) 511-?227 'Fayette. Greene. Indiana. Somerset. Washington. Westmoreland CCCS of Western PA 55 Clover Hilt Road Dallastown, PA 17313 (888) 511-2227 'FUllo n. Crawford. Lancaster CCCS of Western PA 2000 I.ingbslown load Harrisburg. PA 17102 (888) 511-2n7 'Adams. Cumberland. Dauphin. Frenklln. Party, Synder. York CCCS of Western PA 312 Chestnut SbeeL Suilo n7 Meadville. PA 18335 (BBe> s11-2n7 'Lawrence CCCS of Westem PA 41 Easl Chestnut Slreel Washington. PA 15301 (888) 511-2n7 'Westmoreland CCCS of Weslem PA 4402 Peach Slraet Erie. PA 16509 (888) 511-2n7 'Crawford, Errs, Warten CCGS of Western PA 524 Franklin Avenuo Aliquippa. PA 15001 (888)511-2227 'Cambria CCCS of Western PA 917 A Logan Boulevard Altoona. PA 16802 (888)511.2227 'Armstrong. Bedford. Blair, Cambria. Centre, Clearfield. Huntingdon. Juniata, Mttllin. Union CCCS of Waslem PA Pullman Commerce Contrr 112 Hollywood Dr Buflnr. PA 16001 (aaa) 511-nz7 'Butler. Clarion, Jefferson. Merrer. Vonanyo C(:CS of Western PA River Park Commons 2403 Sidney Slreel Pittsburgh. PA 15203 (88A)511-2227 'Allegheny Conler for Fatuity Services. Inc. 213 Conler Slraet Meadvilb. PA 16335 (814) 337-8450 'Columbia. Venango C,eniro Pedro Cover Inr- 827 Wnsl Ena Avenue Pmindclpia. PA 19140 (215)2.'%-7111 `Phimdelpma ' Indicates Counties Serviced Chester Community tmprovemenl Project 412 Avonua of the Status P.O. Box 541 Chester, PA 19016 (610) 876-8663 'Chester, Delaware. Montgomery, Philadelphia Diversified Community Service Daon House 1920 South 201h Slraet Philadelphia, PA 19145 (215) 336-3511 'Bucks, Chester. Delaware, Philadelphia Indbna Co Community Action Prog. 827 Water Street Box 187 Indiana. PA 15701 (724)465-2857 'Armstrong, Cambria. CbarliekL Indiana. JeBorson. Westmoreland Comm. On Econ Opportunity of Luzeme Co. 163 Amber Lane Wilkes-Barra. PA 18702 (570) 626-0510 'Carbon. Luzeme, Schuylkill, Wyoming Community Action Commission of Capital Region 1514 Derry Streol Harttsburg, PA 17094 (717) 232-9757 'Cumberland. Dauphin. Franklin. Perry. Synder Community Action Commillee of rho Lehigh Valley 1337 East Fifih Slreel Beth leham, PA 18015 (610) 691-5f,20 'Berks. Caroon. Lehgh. Monroe. Northhamplon Community Acton Devolopinent Comm - CADCOM 113 E Main Slroot Nornsbwn. PA 19401 (610) 277-6363 'Montgomery Communiy Action Southwest 150 W Beau Slreel, Suke 304 Washington. PA 15301 (724)225-9550 'MOnr00 Community Acton Southwest 58 E Graeno Siroel Waynesburg. PA 15370 (724)852-2893 'Allegheny, York. Fayette. Greene. Washington, Westmoreland Comm. on Econ. Opportunity of Luzeme County 163 Amber Lane Wilkes6arre. PA 18702 (570) 826-0510 (800) 822.0359 'Wyoming Congraso 218 Wost Somnrsul Street Philadelphia PA 19133 (215) 783-8dS70 'Philauoiphia Counr-d or Spana;h Spoakiny Organ¢atron 705-09 North Franklin SI Philadelphia, PA 19123 (215) 627-3100 'Philadelphia Credit Counseling Conler 832 Serond Slroot Piko Rbhboro. PA 1895A (215)396-1880 `BUCKS fair Housing Partnership of Greater Pktsburgh. Inc. 2840 Libedty Ave.. Suite 205 Pittsburgh, PA 15n2 (412)391-2535 'Allegheny Fayette Co. Community Action Agency Inc 137 North Beason Avenue Uniontown, PA 15401 (724)437-6050 'Fayette. Somerset FOB GDC 1201 West Only Avenue Philadelphia. PA 19141 (215)549-8755 'Bucks, Chaster. Delaware, Philadelphia GaKeb Jubibo Associates 5138 Penn Avenue Pittsburgh. PA 15224 (412.) 665-5200 •Atlegheny Gormbnlown Sotllement 5538 Wayne Avenue Bbg C Philadelphia, PA 19144 (215) 849-3104 'Bucks. Chester. Delaware. Montgomery Philadelphia Greater Ede Commun. Action Comm4tee 18 West 9th Slroot Eric. PA 16507 (814)459.4581 'Crawford. Erie, Vonango. Warren RACE 167 W Allegheny Ave.. 2nd Floor Philadelphia. PA 19140 (215)428-8025 'Bucks. Chester. Delaware. Phkadolphia Intercutturel Family Servces inc. 4225 Chesmul Slfael Philadelphia, PA 19104 (215)386-1298 'Philadelphia Korean Comm. Devebp. Servbos Center 6055 North 5th Street Philadelphia. PA 18505 (215)276-8830 •Phdadelphia Lawrence Count' Social Servbos. Inc. 241 Waal Grant Slreel P O Box 189 New Caslb. PA 16103 (724) 658-7258 `Lawrence Liberty Resources 714 Markel Street, Sulfa 100 f'hiladoathia. f'A 19106 (215) 634-2000 'Philadelphia Loveship. Inc. 2320 North Slh Slreel Herrlsburg, PA 1711 (717) 232-2207 `Cumberland. Dauphin. Pony Lycom-Clntn Co Comm fn Comm Acflon 2138 Lincoln Slroot P O. Box 3568 Williamspon, PA 17703 (570)326-0587 'Contra, Ciinlon. Lycoming. Union Maranatha 43 Ph iladolphie Avenuo Waynesboro, PA 17268 (717) 762-3285 'Adams, Cumberta rid. Franklin, Fulton, Perry Hispanw Alliance for Community Advancement 2740 North Front Sirsel Media Fellowship House Philadelphia. PA 19133 302 South Jackson Street (215) 067-8932 Media, PA 19063 'Monroe (610) 565-0434 `Chester, Debware Housing Assoc of Delaware Valley 658 Nodh Watts Slreel F'lriladelphm. PA 19123 1215) 976-0224 •Philanolphuri. Monroe Housing Opportumhas of Beaver Co 320 College Avonua. Unit 1 Beaver. PA 15009 (724)728-7511 `Beaver, Lawrence Housing Partnership of Chester County 41 West LanpslerAvanue Downingtown. PA 19335 (610)518-1522 'Chester, Delaware, Montgomery Mon Valley Unampbyment Committee 1800 West 51 . 3rd Floor IlomesteaU. PA 15120 (e12) 4629962 •Alegheny. Washington. Weslnroraland MI. Airy, USA 6703 Germantown Avo ,Suite 200 Philadelphia. PA 19119 (215) 844-6021 'Philadelphia Nazareth Housing Services 301 Belbvue Road Pittsburgh, PA 15n9 (412) 931-E'i996 'Allegheny Indicates Counties Serviced Neighborhood Huusing Services of Reading 213 N 51h SL. Suke 1030 Reading, PA 19601 (610}372-8433 •Bert:s Neghhorhood Mousing Services. Inc. 710 51h Avenue. Suite 1000 PiBsburgh. PA 75219 (412) 281-9773 'Alegheny New Konsxpllon Community Dovabpmenl 2515 FranMord Avenue Philadrlphia. PA 19125 (215)•127-0350 'YVarren Tho NORCAM Group 4200 Crawford Avenue Suite 200 NoAhnm Cambda. PA 15714 (814)948-4444 'Cambria. Clearfield Northern Tior Community Action Corp. 135 Wnsl 4th Street P O Box 389 Empoaum. PA 15834 (814)4861161 'Canwron. Elk, Mckoan, Poaer Nnnnwast Counseling Sorvico 5C{?1 NoAh Hruad Slreot Philndelphia. F'A 79147 (215) 324 750i? 'Bucks Chester. Delaware. Montgomery. Philadelphia Nueva Esperanza 4261 North Slh Street Philadelphia. PA 19140 (215)324-0746 'Philadelphia OppoAundy inc. 301 East Market Slreal York. PA 17403 (717)424-3845 'Montgomery the Pa rtnarship CDC 4020 Markel Slreot. Suilo 100 Phi4ldwphia. PA 19104 (215) 862 1612 'Monroe Pennsy Nania Housiny Finance Agency 2275 Swallow Hill Rd .Bldg 200 Pitlsbmgh. PA 15720 (472)429-2842 'Allegheny PHFA 211 Nonh Front Street Harrisburg. PA 17110 (80G-)342-2397 'Cumbortand. Dauphin Philadelphia Council for Coinm. Advmnl. 100 N 17th St, Suite 800 Philadelphia, PA 19103 (215)567.7803 (81')0) 930.4683 'Chester. Delawaro. Montgomery, Philadelphia Philadelphia SenbrConler 509 Sou[h Broad Slreal Philadelphia, PA 19147 (215) 5465879 'Philadelphia Schuylkill Community Aclbn 225 N. Centre Sirool Poltsvilb. PA 17901 (570) 622.1995 'Berks. Cation. Lebanon. Lehigh, Luzerno. Norlhumbedand, Schuylkill Shenangc Valley Urban League. Inc 6011ndiana Avenue Farrell. PA 16121 (724) 981-5310 'C rowtord. Lawmnco. Morcor Soule Philadelphw H O.M E S 1444 Point Breozo Avanua Philauolpnia. PA 19146 (215) 334-4430 'Philado!phia Southwest Community Dovabpmenl Corp. 6368 Paschall Avenue Philadelphia. PA 19142 (215)729-0800 'Montgomery St. Martin Canter 1701 Paretle Strool EAe. PA 16503 (717A) 452-6113 'Crawford, Ene. Vonango, Warren Tableland Sorvicoe Inr, 535 Earl Main Slreal Somerset. PA 15501 (814)A45-9828 'Cambria. Fayette. Somerset, Wesimoroland Tabor Community Services 308 E King Slreal. Suilo 1 Lancaster PA 17602 (717)397-5182 (800)788-5062 'Chester. Lancaster. Lebanon fho Trehab Cenlor or Northeaslem PA 10 Public Avenue P O Box 366 Montrose. PA 18801 (570) 278-:5338 (800)982.4045 'Susquehanna The Trehab Center of Northeaslem PA 115 SR 92S Tuckhannock,PA 18657 (570) 836-6&70 (800)982.4045 'Wyoming The Trahab Center of of Northeastern PA 1225 Main Street Honesdale. PA 18431 (570)253.8947 (800)982-4045 'Bradford, Sullivan. Susquehanna. Tioga. Wayne. Wyoming Tho Trehab Center of Northeaslem PA 14q E Easl Avenue Wollsboro. PA 16901 (570)72A-5252 (800)982-4045 •Tioga Tho Trehab Cantor o1 Northeastom PA Gorman Slreot P O Box 389 Duehom PA 18614 (570)928-9667 (800)982-4045 'Sullivan The Trahab Centerol Northeaslem PA Tha Enterprise Center 703 S. EfinerAve., Suite M-6 Sayre, PA 18840 (570)888-0412 (800)982-4045 'Bradford United Communlies Southeast Philadelphia 2029 South 8th Street Philatlelphia. PA 19748 (215) 467.8700 'Philadelphia United Neighborhood C:enlers of Northeaslem PA 425 Alder Strool Scranton. PA 18505 (570)346-0759 'Lackawanna. Wyoming. Wayne. Luzeme Urban League of Philadelphia 1818 Markel Slreal Philadelphia. PA 19103 ('115) 561-8070 'Bunks. Unloware. Philadelphia Urban Leayue of Philadelphia 610 Wood Strool Pittsburgh. PA 15229 (412)931-6996 'Alegheny Vux:esforlndependencre 1107 Payne Avanua Erie. PA 76503 (814) 874-0064 (800)838-9890 'Erie Warron-Forest Counties Economic Opporluniy Counck 1209 Pennsylvanul Ave W P.O. Box 547 Warren, PA 16365 (81A)726-2400 •F areal. Waren Wosl Uak I-aria CDC 8259 Limekiln Piko Philadelphia. PA 1914 (215) 224-0880 'Monroe Are ~m~ort~t~t message frem the Feder:~l Tr~.de Commission Facing foreclosure'? Scammcrs are targeting people having trouble paying their mortgages. Some claim to be able to "resctte" homeowners from foreclosures, while others promise loan modifications -- for a fee. The Tederal `I'racie Commission, the nation's consumer protection agency, wants you to kno~v how to avoid scams that cottld make your housing situation go from bad to worse. Don't Get Hit by a Pitch. "{~Ve can stop your foreclosure! " "97% success rate!" "Gcrarnnteerl to sate yaur hnrne!" These kinds ofclaims are the tell-tale signs oi' a fi~reclosure 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 yott 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 galls. Others may string you along before disclosin<~ 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 fora "second opinion." Imitations =Frustrations. Some con artists use names, phone numbers, and websites to make it look like they're part of the government.. 11'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 aHUD-Certified Counseling Agency -For Free. If you're having trouble paying your mortgage or you've already goti:en 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 i1.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-certifed counseling agencies. For free gt.tidance online, visit www.hopenorv.corn. For free information on the President's plan to help homeowners, visit www.makinghorneaffordablc.gov. ~cderal Tridc Coirnnissiun ftr ~o~J%°~lunoyMatters 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 HOPET"' Hotline -open 24/7 - is operated by the I-Iomeownership Preservation Foundation, a nonprofit member oI'the I-TOPE NOW Alliance of mortgage industry members and HUD-certified counseling agencies. Or visit www.hapenow.com For free information on the President's plan to help homeowners, visit www.makinghomeaffordable.gov • r ,~~~ HrrF~ou+ SuppCrt Y. Guiddnrv For 1~',i^'corinE~. SM MAK.INt::r -~~t~F AFF~KI3AE3LE.c~c~v ~iiaiii~ii~i~~iiiiiiii~i~ ~.o~ =~ao =~oo =3~, 03.0 August 20, 2009 ~ g g IIi~1~5~1A Peggy Shimmel 66l 1 Carlisle Pike Mechanicsburg, PA 17050 EMC Mortgage Corporation Po Box 660753 Dallas, TX 75266-0753 Re: Loan No: Property Address: ~~y,}1't:il t~ +"~,/" s ~.t ~~ s~l~rf~~rgr C'nr~nretlntt ~* 661_ 1__ C~ 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 terns 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 -callus 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 E~~o~~ o~ o~~~ This is an ojj'icial notice that the mortgage on your home is in dejault, and the lender intends to joreclos~ Specific injonwation about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ONPAGE THREE The HOMEOWNER'S EMERGENCYMORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see ijHEMAP can help, you must MEET WITHA 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 ojCansumer Credit Counseling Agencies serving your County are listed at the end ojfhis Notices Ijyou have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-1397. (Persons with impaired hearing can call (717) 780-1869). .t•,n~~. This Notice contains important legal iaformation. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help e=plain it. You may also want to contact an attorney in your area. The local bar association maybe 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 ROUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARR UN PRE'STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECAO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Peggy Shimmei 6611 Carlisle Pike Mechanicsbu, PA 17055 ALLIANCE FUNDING CO EMC MoRgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOUMAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CANSAVE YOUR HOME FROM FORECLOSURE AND HELP YOUMAKE 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 OFFORECLOSURE -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 YDUR 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. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for f nancial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and f le 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 f ling 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 AEMAP 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 ANAPPLICATION 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, IIV 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 TAE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALL YAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, TAE 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 YOUARE CURRENTLYPROTECTED BYTHE FILING OFA PETITIONINBAN%RUPTCY, TAE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONPURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT TAE 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. YDU HAYS NOT MADE MONTHLYMORTGAGE 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 08/19/2009: $3,657.70 $40.64 $342.89 $0.00 $4,041.23 HO W TO CURE TAE DEFA UL T -You may cure this default within THIRTY (30) DA YS from the date of this Notice B Y PA YING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 34,041.23, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WIIICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certifted check, or money order madeppayable and sent to: EMC Mort~ggaga Co oration 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 Sher~to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs.If you cure the default within the THIRTY (30) 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 TAE 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 Sherds 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 Sherds 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. HOR' TO CONTACT THE LENDER Name of Lender: EMC Mortgage Corporation Address: Po Box 660753 Dallas, TX 75266-0753 Telephone Number. l -888-609-2379 Fax Number. 214626-5999 Contact Person: .Loan Resolution Department E-mail Address: emcpaact9l Qjpmorgan.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 furnishings and other belongings could be started by the lender at any time. ASSUMPTION OFMORTGAGE -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 COUNSELINGAGENCIESSERVING YOUR COUNTY ' CANBE FOUND ONPAGES 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 far 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 Akxrm Housing Co~pore8on 846 North Broad Street Phiadelphia, PA 19130 (215) 765.1221 'Bucks. Cheater, Delaware, Montgomery. Phiadelphia Adios Housing Inc 425 6th Avenue, Suite 950 Pittsburgh, PA 15219 (412) 281-2102 •Aiegheny, Beaver, Butler, Fayette, Greene, 4Vashingtan, Westmoreland Adams County Interfaih Housing Authority 40 E High Stied Gdlysburg, PA 17325 (717)334-1518 'Adams, Cumberland, FrarrkBn, York Advocelea for Financal lndeperderrce 1506 S Broad street, suite 18 PhiadelpFia, PA 19145 (215)389-2810 'Philadelphia Advocates for Finarkdal krdeperderxa 202 East Hinkley Avenue - Ridky ParIS PA 19078 (215)389-2810 'Delaware Allegheny County Amm 5907 Penn Avenue, Suite 300 Pittaburgh,PA 15206 (412)44141551 'Allegheny American Credit Counseling Institute 21 S Church Street West Chester, PA 19380 (888)212-6741 'Chester American Credit Ccuseing Institute 526-528 Dekaib Street Naristown, PA 19401 (610)971-2210 (888) 212fi741 'Montgomery, Delaware American Credit Counseling indtrute 530 W Street Road, Suite 201 Wamrinder, PA 18974 (215) 444-9429 (888) 212-6741 'Bucks, Montgomery, Phiaddphia Amedcan Credt Counseling Institute 937 North Hanover Street Pottstown, PA 19460 (888) 212-6'741 'Barks, Bucks, Montgomery American Credit Counse8ng Institute 229 Ead Chestrrut Street Coateaviile, PA 19320 (888)212-6741 'Chester, Lanrader Arrrerican Financid Counseling Services 871 N. Easton Road Glensida, PA 19038 (267)228-7903 •Mi01in Arrrerican Financial Counseling Services 405 Weat Germantown Pia Norristown, PA 19403 (267)22&79(13 •MiM6k, Montgomery Amerian Fnendal Counseling Services 2880 Bergey Road Suite 4 Hatfield, PA 19440 (267)228-7903 'Barks, Chester, Montgomery American Financial Counseling Services 175 Stratford Avenue, Suite One Wayne, PA 19087 (61D) s71-2210 (888) 212741 'Bucks, Chester, Delaware, Mongomery, Phiadelphia American Fnancial Counseling Services 906 Palen Avenue Wyomissing, PA 19619 (267)228-7903 (800)490-3039 'Barks Americen Finarrdal Counseling Services 871 N. Easton Road Gbnaide, PA 19038 (267) 226-7903 .Montgomery American Financal Counadkg Services 1917 Welsh Road PM'Iadelphia, PA 19115, PA 19610 1267) 228-7903 'Bucks, Montgomery. Phiaddphle American Red Cross -Hanover Chapter 529 Cartisie Sired Hanover, PA 17331 (717)637-3768 'Adams, Frsnklin, York Amedcan Red Cross of Chester 1729 Edgemont Avenue Chester, PA 19013 (610) 874-1484 'Chester, Delaware APM 2147 Norht Sixth Street Phiaddphia, PA 19122 (215)235-6788 'Chester, Delaware, Philadelphia, Bulks Arnstrong CO Community Action Agency 124 Amrsdale Road, Suite 211 Kiltannsg, PA 16201 (724)548-3405 •Amrstrong Base,lnc. 447 South Pdnce Shed Lancaster, PA 17603 (717)392-5467 'Lancaster Blair County Cortununity Action Agency 2100 6th Avenue, Suite 102 P.O. Box 1833 Altoona, PA 16602 (814) 9463651 'Bleu Booker T. Washington Center 1720 Hoiarrd Strut Erie, PA 16503 (814) 453-5744 'Crawford, Erie, Waxen Buda County Housing Group 200 West Bridge Sfred Morisville, PA 19067 (866)866-0280 'Bucks Brrdts County Housing croup 2324 Secord Street pike, Suite 17 Wdghtstawn, PA 18940 (866)868-0280 .Backe Buda County Housing Group 470 Old Dubin Pike Doylestown, PA 18901 (868) 886-0280 'Bucks Bucks County Housing Group 349 Durham Road Pemdel, PA 19047 (868)866-0280 'Bulks Bucks County Housing Group 515 Wed End Blvd Quakertown, PA 18951 (866)866-0280 .Bucks Budgd Courrselkg Center 247 North F'dlh Sired Reading, PA 19601 (610) 3757866 'Bake, Chester, Schuyidll Carrell Park Cammundy Council, Inc 5218 Master Street Phiadelphia, PA 19131 (215)877-1157 'Chester, Delaware, Phiaddphia Cdholic Social Services Saint Catherine Manor 5 Knox Road Sk7anten, PA 18505 (570)558-3019 'Wyoming, Wayne, Bucks, Lackawanna, Monroe, Philadelphia CCCS of Delaware Valley 1230 New Rodgers Road, Suite F7 Bristol, PA 19007 (215) 5635665 'Bucks CCCS of Delawware Valley 1777 Sentry Parkway W, Suite 200 Blue Bdl, PA 19422 (215)563-5665 'Montgomery CCCS of Delaware Valley 280 North Providence Road Meda, PA 19063 (215)563-5665 'Chester CCCS of Delaware Valley Marshal Building 790 E Marled St, Suite 170 West Chester, PA 19382 (215)563-5665 'Cheater, Buda CCCS of Delaware Valley Cathorrc soda) Services Building 7340 Jadaorr Street Philedeiphla, PA 19136 (215) 563-5885 'Bulks, Phiadephia CCCS of Delaware Valey Orke Chary Hiq Suite 215 Cherry HN, PA 08002 (215) 5635665 'Philadelphia CCCS or Lehigh Valley 3871 Crescent Court East Whiteha0, PA 18052 (610) 821011 (800)837-9815 'Barks, Bulks, Carbwr, Lancaster, Lehigh, Northhampton, Sdkuyid0 CCCS of Nartheastem PA 201 Bash Street, Sine 6 Wiliamaport, PA 17701 (570)323.8627 'Centre, Clinton, Lycoming, Northumbedand, Urtion CCCS of Northeaslem PA 202 W Hamitork Avenue State Coiege, PA 16801 (814)238-3668 'Blair, Centre, Clear8ekl, Cinton, Huntingdon, Juniata, Mifflin CCCS of Northeastern PA 401 Laurel Street Pittston, PA 18640 (570)602-2227 'Bradford, Carbon, Cdumbia, Lackawarora, Lycoming, Monroe, Montour, Norlhunrbedand, Pike, Sullivan, Tioga, Union, Wayne, Wyoming CCCS of Northeastern PA 411 Main Street, Suite 104 Stroudsburg, PA 18360 (570)420-8980 'Brad/onl, Carbon, Monroe, Pike, Wayne CCCS of Western PA 1 North Gate Square iF2 Garden Center Dr Greensburg, PA 15601 (868)511-2227 'Fayette, Greene, Indiana, Somerset, Washington, Westmorland CCCS of Weatem PA 55 Clover Hill Road Daiastown, PA 17313 (888)511-2227 'Fulton, Crawford, Lancaster • CCCS o/ Western PA 2000 Lingleatown Road Hartisbrrg, PA 17102 (888)511-2227 'Adams, Cumbedand, Dauphin, Franklin, Pony, Synder, York CCCS d Western PA 312 Chestnut Street, Suite 227 Meadvine, PA 16335 (888)511-2227 'Lawrence CCCS of Wedem PA 41 East Chestnut Street Washington, PA 15301 (888)511-2227 'Westmoreland CCCS of Westam PA 4402 Peach Street Erie, PA 16509 (888) 511-2227 'Crawford, Ede, Warren CCCS of Western PA 524 Franklin Avenue Aliquippa, PA 15001 (888)511-2227 'Cambria CCCS of Weatem PA 917 A Logan Bordevard Altoona, PA 16602 (888) 511-2227 'Armstrong. Bedford, Blair, Cambria, Centre, Clearfield, Huntingdon, Juniata, Mnnin, Union CCCS of Western PA Penman Commeroe Center 112 Hollywood Dr Butler, PA 16001 (888)511-2227 'Huller, Clarion, Jefferson, Meroar, Venarrgo CCCS of Western PA River Park Commons 2403 Sidney Sired Pittsburgh, PA 15203 (888)511-2227 'Allegheny Center for Family Services, Ina 213 Center Street Meadvine, PA 16335 (814)337-8450 'Cohanbia,Venango Centro Pedro Clever, Inc 627 West Erie Avenue Philadelpia, PA 19140 (215)227-7111 'Philadelphia * Indicates Counties Serviced Chester Cammurrty Improvement Project 412 Avenue of the States P.O. Box 541 Chester, PA 19016 (610)876.8663 'Chester, Delaware, Montgomery, Philadelphia Diversified Community Service Dixon HoUSs 1920 South 20th Street Philadelphia, PA 19145 (215) 33&3511 'Bucks, Chester, Delaware, Ph7adetphia Indiana Co. Camrnunlly Ad'ron Prog. 827 Water Street Box 187 Irrdana, PA 15701 (724)465-2657 •Artrkatrorrg, Canrbda, Cearfield, Indiana, JeBeroon, Westmoreland Comm. On Eton OpportunRy of Luzeme Ca. 163 Amber Lame Wilkes-Barre, PA 18702 (570)826-0510 'Carbon, Luzeme, Sdruytk0l, Wyoming Comrramily Action Commission of Capital Region 1514 Deny Street Harrisburg, PA 17094 (717)232-9757 'Cumberland, Dauphin, Frenklin, Party, Synder Camrtwnity Action Commttee d the Lehigh Vaney 1337 Fast Fifih Stroet Bethbhem, PA 18015 (610) 691-5620 'Barks, Carbon, Lehigh, Monroe, Narthhampton Communtyy Action Development Comm - CADCOM 113 E Main Street Norristown, PA 19401 (610) 277-6363 'Montgomery Community Adbn Soutliwest 150 W Beau Street, Suite 304 Washington, PA 15301 (724) 225-9550 'Monroe Cormrwrrity Action Southwest 58 E Greene Sired Wayneshurg,PA 15370 (724)852-2893 •Anegherry, York Fayette, Greene, Washington, Westmoreland Comm. on Eaxr. Opportunity d Luzema County 163 Amber Lane WinkesBarre, PA 18702 (570) 826-0510 (800)822-0359 'WYomin9 Congreso 216 West Somerset Strad Philadelphia, PA 19133 (215)763-8870 'Philadelphia Counal of Spanish Speskirrg Organization 705-09 North Frenklin St Philadelphia, PA 19123 (215)627-3100 'Philadelphia Credit Counsd'ng Center 832 Second Street Pike Rkhboro, PA 18954 (215)396-1880 'Bucks Fair Housing Partnership of Greater Pittsburgh, Irterwlhaal Famny Services Ina Inc' 4225 Chestnut Street 2840 Libedty Ave., Suite ZOS PNladalphia, PA 19104 Pittsburgh, PA 15222 (215) 388-1298 (412) 391-2535 'Allegheny •PNladelphia Fayette Co. Community Action Agerrry Inc 137 North Beeson Avenue UrpoMOwn, PA 15401 (724) 437050 'Fayette, Somerset Itorean Comm. Develop. Services Center 6055 Nodh Sttr Street Wkiladelphia, PA 18505 (215)276-8830 'Phladephia FOB CDC 1201 West Only Avenue Philadelphia, PA 19141 (215)549-8755 'Hocks, Chester, Delaware, Philadelphia Garfiek! Jubibe Associates 5138 Pann Avenue Pittsburgh, PA 15224 (412)665.5200 'Allegheny Germantown Setdament 5538 Wayne Avenue Bk1g C Philadelphia, PA 19144 (215) 849-3104 'Bucks, Chester, Delaware, Montgomery. Phiaddphia Greater Erie Common. Adian Committee 18 West 9th Street Erie, PA 16501 (814) 459.4581 'Crawford, Ede, Venango, Warten RACE 167 W Allegheny Ave., 2nd Floor Philadelphia, PA 19140 (215)426-8025 •Bucks, Chester, Delaware, Philadelphia Hispanic AAiance for Community Advancement 2740 North Front Sfrast Philadelphia, PA 19133 (215)667-8932 'Monroe Housing Assoc. of ()elawaro Valley 658 North Wags Sired Philadelphia, PA 19123 (215)978-0224 'Philadelphia, Monroe Housing Opportunities of Beaver Co. 320 Cdlege Avenue, Unit 1 Beaver, PA 15009 (724)728-7511 'Beaver, Lawrarrce Housing Parinersh~ d Chester County 41 West Lancaster Averwe Downingtown, PA 19335 (610)518-1522 'Chester, Delawarq Montgomery Lawrence County Soda) Services, Inc. 241 Weal Grant Street P.O. Box 189 New Castle, PA 16103 (724)858-7258 'Lawrence Liberty Resources 714 Market Strad, Skrite 100 Philadelphia, PA 19106 (215)634-2000 •Ptuladalphia Lovaship, ha 2320 North 5th Sliest Harria6rag, PA 1711 (717)232-2207 'Cumberland, Dauphin, Party Lycam-Clrrtrr Co Comm fo Camm Action 2138 Lincoln Street P.O. Box 3568 WOnamsport, PA 17703 (570) 326-0587 'Centre, Clinton, Lycondng, Union Marenatha 43 Phladolphia Avenue Waynesboro, PA 17268 (717)762-3285 'Adams, Cundrerlard, Franklin, Fukon, Perry Media Fellowship House 302 South Jackson Strad Media, PA 19063 (610)565.0434 'Chester, Delaware Mon Valley Unempbyment Committee 1800 West SL, 3rd Fkmr Homestead, PA 15120 (412)462-9962 'Allegheny, Washington, Westmoreland Mt Airy, USA 6703 Germantown Ave., Sute 200 Philadelphia, PA 19119 (215) 844~i021 'Philadelphia Nazareth Housing Services 301 Believes Road Pittsburgh, PA 15229 (412)931-6996 'Anegheny ~ • Neighborhood Housing Services of Reading 213 N 5th SL, Suite 1030 Reading, PA 19601 (810)372-8433 'Barks Neighborrmd Housing Services, Inc. 710 5th Avenue, Suite 1000 Pittsburgh, PA 15219 (412) 281-9773 'Allegheny Naw Kensignfon Convmrnily Devebpment 2515 Frankfad Avenue Phiadelphia, PA 19125 (215)427-0350 'Women The NORCAM Group 4200 Crawford Avenue Suite 200 Northam Cambia, PA 15714 (814) 9484444 'Cambria, Clearfield Northam Tier Comrtxxrily Action Corp. 135 West 4th Street P.O. Box 389 Emporium, PA 15834 (814)4861161 'Cameron, EIIS Mekean, Potter Northwest Counseling Service 5001 North Broad Street Philadelpfda, PA 19141 (215)324-7500 'Bucks, Chester, Delaware, Mmtgamery, Philadelphia Nueva Espererva 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 PhBadelphia, PA 19104 (215) 662-1612 'Monroe Pennsylvania Housing Finance Agency 2275 SwaNow Mill Rd., Bldg 200 Pittsburgh, PA 15220 (412)429-2842 'Alegheny "Indicates Counties Serviced PHFA 211 North Front Street Hanisburg, PA 17110 (800-) 342-2397 'Cumberland, Dauphin Phiadelphia Coundl for Comm. Advmnt 100 N 17th St, Suite 600 PhRadelptva, PA 19103 (215)567-7803 (800)830-4683 •Chester, Delaware, Montgomery. PhBadelphia Philedelptria Senior Canter 509 South Broad Street Phiadetphia, PA 19147 (215)546.5879 `Philadelphia Schuylkill Community Actbn 225 N. Centre Street PotfsvBb, PA 17901 (570)622-1995 'Barks, Carbon, Lebanon, Lehigh, Luzeme, Northumberland, Schuy0dfi Shenango Valley Urban League, Inc, 601 Indiana Avenue Farrep, PA 16121 (724) 981-5310 'Crawford, Lawrence, Mercer South Phladelphia H.O.M.E.S. 1444 PoIM Breeze Avenue Phiadelphia, PA 19146 (215) 334430 'PNladelphia Southwest Community Development Corp. 6368 Paschall Avenue PhBadelpWa, PA 19142 (215)729.0800 'Montgomery SL Martin Center 1701 Parade Street Erie, PA 16503 (814)452-6113 'Crawford, Erie, Venango, Wanen Tabk:fard Services Inc. 535 Eas[ Main Street Somerset, PA 15501 (814)445-9828 'Cambria, FayeCe, Somerset, Westmoreland Tabor Community Services 308 E Mang Street, Suite 1 Lancester, PA 17602 (717)397-5182 (800)788-5062 'Chester, Lancaster, Lebanon The Trehab Center of Northeaatem PA 10 Public Avenue P.O. Box 366 Montrosq PA 18801 (570)278-3338 (800) 9821045 'Susquehanna The Trehab Center of Nartheasfem PA 115 SR 92S Tuckhamoelc, PA 18657 (570)836.6840 (B00) 982045 'Wyoming The Trehab Center of of Nontheastem PA 1225 Main Street Honeadab,PA 18431 (570) 253-8941 (800)982-4045 'Bradford, Sullivan, Susquehanna, Tioga, Wayne, Wyoming The Trehab Carder of Northeastern PA 144 E East Avenue Wellsboro, PA 16901 (570)724-5252 (800) 982-4045 'Tioga The Trehab Confer of Northeastern PA Gorman Street P.O. Box 389 Dushorc, PA 18614 (570)928-9667 (800)982-4045 'Sullivan The Trehab Center of Northeastern PA The Enterprise Carder 703 S. Elmer Ave., Suite M~6 Sayre, PA 18840 (570)888.0412 (800) 982-4045 'Bradford United Communtiea Southeast Ph9adelphia 2029 South 8th Street Phiadelphia, PA 19148 (215)467-8700 'Philadelphia United Neighborhood Centers of Narthea~em PA 425 Alder Street Scranton, PA 18505 (570)346.0759 'Ladrawanna, Wyoming, Wayne, Luzeme Urban League of Philadelphia 1818 Market Street Phiadelphia, PA 19103 (215) 561~W0 'Bucks. Delaware, PhBadelphia Urban League of Philadelphia s1o wood sweet Pittsburgh, PA 15229 (412) 931-6896 •ANegherry Voices for Independence 1107 Paare Avenue Edq PA 16503 (814) 874-0084 (800)838.9690 'Ede Warren-Forest Counties Ecoramie OpporWMty 1208 Pemaylvania Ave W. P.O. Box 547 Warren, PA 16365 (814) 726-2400 'Forest, Waren West Oak Laren CDC 6259 Limdc'In Pdre Phiadelphiq PA 1914 (215) 224-0860 'Monroe An important message from the f=ederal Trade Commission Facing foreclosure? Stammers 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 stammers 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 fora "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 aHUD-Certified Counseling Agency -For Free. If you're having trouble paying your mortgage or you've afseady 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 (HiJD). 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 R'R'w.hopenow.com. For free information on the President's plan to help homeowners, visit www.malunghomeaffordable.gov. Federal Trade Commission :'t~a~ 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 6 Guidance For Homeowners ~~/~~ SM MAKING HOME AFFORDA.BLE.cov 1~ I~ '"1 i°~ Exhibit "G" 1V VJ Vr 1V. JZ L'1nJLJ 11 GU11G1 C]1JJ L1 QVl f1f J-IJVIVJ L UJL !-YJYJL/ bl'IL r-`3uVJ 1872 66e mho? Department of the sreaaury -Internal Revenue Service '"•,,. ~~ry ~~ Notice of ferdera! Ta Li x ei>E ~e'• Serial Number For ~• ~ ~~ `d `~'~ ~ ~- SMAtL SiJST2iLS8/SSLB ~LOYSD AREA ~3 Pdonal uss by Reeordr Olf Lien Unit Phone: 1900) 929-9903 - ~~ p ,` 199782304 •~.~y ~ P~fdwi b!- stedaa 632 /~ p +q a~• ~ , 63ZZ, amd 6323 of the ~et~eal Rewsaa ~- ~/dam A that tavta (b~etatd~ ~texest sad peoald ba h b p~ t e aa ~:t t'be IbM~ Idl b ~ f ~ ~ e athe e~sde . / oaiNgr, bat it raw6a and e i 4! ~ ~ ~ of t5e wke/ oo all p+opae~r ~ y6p~ ~ r tr b f R ~ q e andn2 0o chit +' !br eGe aiaanpt of bete taxes aad ~ '1 , Paaidac, ineerese, aad costs that ~ uaae. -. `-'~ Name of Taxpayer C,ARY L & MARGARET IC SHIMMEL ~'+ '~ ~' -:, Residence 6611 CARLISLE PI2E ~' ~:..~ i sc~ _, MEC~TICS$t?RG, Pal 17050-290? _ •: • :. `{ ~~ II~ORMATtQIif: Fo a t ~ c '~, {: r each usessr+wnt Ilatcd bolo te no ip the ~e1t FS nAed by the date phran iq eoklrnn (e1, ribs noeka ehNl; d - feAowinp et1Ch date . i g in IRC $ . epeate aS a certificate of release as defined rl-erled 1G~al of taxi dolt >~ba, , itss`cl~ itior n ib ~~~ D t`} ~a) t io 40 12/31/1998 161-54-8510 07/03/2000 08/02/201Q ].040 32/31/2Qp0 tfI 161-54-•8510 07/23/2001 09/22/2011 1040 12/31/2002 161-548510 01/06/2003 02/05/2013 1040 22/31/2002 7834.7? 1434.29 161-54-8510 07/26/2004 08/25/2014 85g'$0 3034.35 Piece of Filing Protbpnptary Cumberland County Total $ Carlisl~r PA 27013 23161.$1 This nortice was prepared 8nd signed at P~3ILADBLPHIA, PA on this, the 09th der of November 2004 Signature Title for L LEDBR `~ ACS 23-00-0008 {800f 829-3903 iii'; Cert1'ieaa of odtoer ~uttw~Rid b1f hw to take edmowled9m~nt It not essemiel to n,. wlldicy of Native of Fedora} 7a ion Rev. Rtd• 71-466. 1971 •2 C.B. 4fl9! !ar[ t • 1[eet $r eltoerr6~ QNire Form 66s(n(c) IRev. 2-2o06f CA7. NO fi0026X 10-15-'09 14:03 Fk~7- Oct-i5-1009 01:13am From- ~ ~ 5Z5 Form 6di8 t'Y)(c) tA9~, PAbru6ry 2t10d} Art6a: SMALL $v9INES8J88LF EMPLOYED ABLA #8 teen Unit Phone: teo0) eas-3983 Serial Number a~iae6zae As ieravMod by >~tta~ 432'1, d3~~, and b3Z3 of tfie ~te~i CadQ, we as ~vN1g a Works that taxes (Incladina htiterest and penattio:j have ban ~sased a~insc the faltawln~uamed taxpayer. We have Wade a demand for OeY~ent of this Ilabltlttr, bat it tr+emahs wrpaid. TherNow, there is a lieu fi favor ~ the llydted motes on all protrerry and rights to property nB to tlds tamer for the amount of tl~ taxes, terd addkional penakJes, Interest, and costs that n>ay accrue. dame of Taxpayer GAR L ~ MAFtnao~rn rr evr...wnr Residence ssil GAR.tiTSLE PSFCR MECFIANIC38URG, PA 17050-1707 Far Optional Use Dy Rscort7~l Offs ~~o~ w~s~~ ~'. x/9.00 r~,..~L~~ 1~~- ~-~rs~~' tMl~RTAMT ~~5~ ~+I~RMATJt3N: Fer eeoh assessment Gstod ttaicw, unless netice of the lien ie rgflled by the date given (+, cfllumn fei, this netct: sheq, on the day following such date, ePB1'~e es a certificate of release as defined in iqC Q32S(a!. iCb,d of Tit fax Plttod ate o~ irast Qsv for [a) Zn kilns Identifying Number Assessment RBI g ti~ald titeler~ce of Assessmene io~o ~.a/31/199s xzaC-~x-8510 oa/i5/,coos o9/~.~/20~s 84~J.81 l0a_Q 1~/31/20Q3 ~CX_Xx-8514 02/14/2045 03/16/2015 419.95 lU4o lz/31/200~ ~[x~XX-es~o 11/06/Z006 121o~12a1~ a694.48 io4o 12/3i/20o6 xx~c-Xx-851o 11/o~/2ao7 12/os/ao17 11359. g6 c~ ti ~~ ~ ~ ^'' CS C. ~r •- : ~ ,r~{°: ~ ~ ~ ~ ~~ ~ w `° ..,5 Place df Filing Prothonotary Cwnbnrland CouAty 7atal 8 22953.70 Car].~.ole, PA 17013 T-872 P0002/0002 F-601 T-919 P.001 f-328 aepanmen[ of the Treasury • IntQrnal Revenue Service ~iotl+c~e of Federal Ta~c lien c ~ VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best ofhis/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~a ai- t Dalta~- ,Vice Pt+esldent 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 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Ronny R Anderson ° - `n Sheriff ttta of ?u?n6rc1 -03 ?? Z= © --I ?? '? Jody S Smith ? ,? ` ?Z;o n -Qr-- Chief Deputy -<> t Richard W Stewart a --qd SOiICItOf tFi r G >r„?iFF ? a. Z ?.? C O Corn rv EMC Mortgage Corporation Case Number vs . Gary L. Shimmel (et al.) 2010-7272 SHERIFF'S RETURN OF SERVICE 11/29/2010 03:32 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November 29, 2010 at 1532 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Gary L. 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. RYAN BURGETT, TY 11/29/2010 03:32 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November 29, 2010 at 1532 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Peggy K. 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. SHERIFF COST: $53.00 November 30, 2010 RYAN BURGETT, EPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Tefeosoft. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3 800 STATE HIGHWAY 121 BYPASS LEWISVILLE,TX 75067-4180 Plaintiff No.2010-07272 Civil vs. GARY SHIMMEL A/K/A GARY L SHIMMEL " PEGGY SHIMMEL,A/K/A PEGGY K.SHIMMEL,A/K/A MARGARET K. SHIMMEL (Mortgagor(s)and Record Owner(s)) 6611 Carlisle Pike Mechanicsburg,PA 17050 CD C�.r Defendant(s) >"C–, 147-7 THE UNITED STATES OF AMERICA PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT.ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against GARY SHIMMEL,A/K/A GARY L.SHIMMEL and PEGGY SHIMMEL,AIK/A PEGGY K.SHIMMEL,A/K/A MARGARET K.SHIMMEL in accordance with the attached Stipulation and Order dated 12/31/2012. Assess damages as follows: $119,548.93 Debt Interest from 2/29/2012 to Date of Sale per them at$22.07 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. .,:— Z- KML LAW GROUP,IF.C. ---Michael McKeever Pa.fl)56129 -_jay E.Kivitz Pa.ID 26769 —Lisa Lee Pa.ID 78020 _Kristina Murtha Pa.ID 61858 �David Fein Pa.ID 82628 _Thomas Puleo Pa.ID 27615 __jill P.Jenkins Pa.ID 306588 Andrew F.Gornall Pa.11)92382 ✓ A� L 00 Attorneys for Plaintiff i 6 , "3/j AND NOW Judgment is entered in favor of U.S. BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3 and against ARY K. !M���' A MARG SHIMMEL,A/K/A GARY L.SHIMMEL and PEGGY SHIMMEL,A/K/A 5#T K. �A P a assessed SHIMMEL in accordance with the attached Stipulation and Order dated 1 /2012 sed' M of $119,548.93 as per the above certification. 44 Prothonotary 116-0 AA-- 1-1 . � a Rule of Civil Procedure No.236—Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3 800 STATE HIGHWAY 121 BYPASS LEWISVILLE,TX 75067-4180 Plaintiff No.2010-07272 Civil Term vs. GARY SHIMMEL,A/K/A GARY L.SHIMMEL PEGGY SHIMMEL,A/K/A PEGGY K.SHIMMEL,A/K/A MARGARET K. SHIMMEL (Mortgagors and Record Owner(s)) 6611 Carlisle Pike Mechanicsburg,PA 17050 Defendant(s) THE UNITED STATES OF AMERICA THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT.ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. David D. Buell Prothonotary By: � `1'1 �3 Deputy I If you have any questions concerning the above,please contact: KML LAW GROUP,P.C. Suite 5000—BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 KNM LAW GROUP,P.C. Suite 5000–BNY Mellon Independence Center 701 Market Street Philadelphia,PA 19106-1532 215-627-1322 Attorney for Plaintiff U.S.BANX NATIONXE ASSOCIATION,AS INDEN FURE TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA, IN THE COURT OF COMMON PLEAS NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL OF CUMBERLAND COUNTY ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3 800 STATE HIGHWAY 121 BYPASS CIVIL ACTION LAW LEWISVII,LE,TX 75067-4180 Plaintiff VS. ACTION OF MORTGAGE FORECLOSURE GARY SHIMMEL,A/K/A GARY L.SHU%4MEL PEGGY SHIMMEL,A/K/A PEGGY K.SHRAMEL,A/K/A No.2010-07272 Civil Term MARGARET K.SHIMMEL (Mortgagor(s)and Record owner(s)) 6611 Carlisle Pike Mechanicsburg,PA 17050 Defendant(s) THE UNITED STATES OF AMERICA ORDER FOR JUDGMENT Please enter Judgment in favor of U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3,and against GARY SHIMMEL,A/K/A GARY L. SHIMMEL and PEGGY SHIMMEL,A/K/A PEGGY K.SHIMMEL,A/K/A MARGARET K.SHIMMEL in accordance with the attached Stipulation and Order dated 12/31/2012,in the sum of$119,54893. By:— KW LAW GROI+,P.C. ___Michael McKeever Pa.11)56129 --jay E.Kivitz Pa.11)26769 ___j.jsa Lee Pa.ID 78020 ---Ydsfina Murtha Pa.11)61858 ----David Fein Pa.ID 82628 --­Thomas Puleo Pa.ID 27615 `Jill P.Jenkins Pa.U)306588 —Andrew F.Gornall Pa.11)92382 Attorneys for Plaintiff — lid-I hereby certify that the above names are correct and that the precise residence address of the judgment Creditor is U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3 800 STATE HIGHWAY 121 BYPASS LEWISVILLE,TX 75067-4180 and that the name(s)and last known address(es)of the Defendant(s)is/are GARY SHIMMEL,A/K/A GARY L.SHIMMEL,C/O William L.Adler,Esquire 4949 Devonshire Road Harrisburg,PA 17109 and PEGGY SHIMMEL,A/K/A PEGGY K. SHIMMEL,A/K/A MARGARET K.SHIMMEL,C/o William L. Adler,Esquire 4949 Devonshire Road Harrisburg,PA 7109; By:— KMM- CAW GROK,P.C. —_Michael McKeever Pa.11)56129 jay E.Kivitz Pa.ID 26769 Lisa Lee Pa.ID 78020 'Kristin Murtha Pa.11)61858 — ----David Fein Pa.ID 82628 ---Thomas Puleo Pa.ID 27615 Jill P.Jenkins Pa.ID 306588 —Andrew F.Gomall Pa.ID 92382 Attorneys for Plaintiff MAR/26/2013/TUE 11 : 14 AM FAX No. 7172406573 P. 002 DUANE MORRIS LLP By: Bret L. Messinger I.D.No.63020 Attorneys for EMC Mortgage LLC,formerly 30 South 17'Street known as EMC Mortgage Corporation, Philadelphia,PA 19103 Attorney-In-Fact For Bank of America,N.A., 215.979.1508/1112 As Trustee of AFC Mortgage Loan Asset- 215.979.1020 fax Backed Notes,Series 1993-3, blmessingep@dAanetnorris.com Without Recourse EMC MORTGAGE CORPORATION, § IN THE COURT OF COMMON PLEAS § OF CUMBERLAND COUNTY. Plaintiffs, § CIVIL DIVISION VS. § -4 § NO.:2010-07272,CIVIL TERM GARY SMMMEL,A/KIA GARY L. § chr- SHIMMEL,PEGGY SHIMMEL, § A/K/A PEGGY K.SHNML,A/KIA MARGARET K.SIIRM[ME L, § § I Cn Defendants. § 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-In-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$119,548.93,together with interest from February 29,2012 at the rate of$22.07 per them to the date of the Judgment,and other costs and effiarges 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 MAR/26/2013/TUE 11 : 14 AM FAX No. 7172406573 P. 003 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 filing a Praecipe. THE LAW OFFICES OF WILLIAM L.ADLER DUANE LP ��4&A4 By: William L.Adler B ; Brett L.Messinger Attorneys for Defendants Attorneys for EMC Mortgage LLC,formerly known as EMC Mortgage Corporation,Attorney- 10- 7a 7A In-Fact For Bank of America,N.A.,As Trustee of AFC Mortgage Loan Asset-Backed Notes,Series 1993-3,Without Recourse GIRDER AND NOW,to wit, this ,Jlfday of ' ,2012, upon Consideration of the Stipulation of the Parties,it is HEREBY ORDERED: I. That judgment in rem,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$119,54&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 2. 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; 2 MAR/26/2013/TUE 11 : 14 AM FAX No. 7172406573 P. 004 3. That Defendants shall withdraw their Answer and Counterclaim against EMC with prejudice upon payment of the aforementioned$1,500. and 4. The Court shall retain jurisdiction to enforce the Stipulation and Order. AND] 00 RED: rn- c� ca w_ -mot .�y. 'E_G -p C7-rg �g �_ W� l�i i, L ldItr, 19ti )el 11311x , L 3 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA r�7 U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE . TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL - 1 ��`•': ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST NO.2010-07272 Civil Tenn ', SERIES 1999-3 l- Plaintiff vs. GARY SHIMMEL,A/K/A GARY L.SHIMMEL PEGGY SHIMMEL,A/K/A PEGGY K.SHIMMEL,A/K/A .. MARGARET K.SHIMMEL Defendant(s) VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter,does hereby state to the best of his/her information and belief,as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense (https://www.dmdc.osd.mil/appj/scra/scraHome.do) for the following individual(s):GARY SHIMMEL, A/K/A GARY L. SHIMMEL, has a last known residence of C/O William L. Adler, Esquire, 4949 Devonshire Road, Harrisburg, PA 17109. The following information was used to search the DMDC(check all that apply): X Last Name • First Name • Social Security Number 3. The DMDC search results, a copy of which is attached, states that based on the information provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date °� o�-�� By: 7 KML LAW GROUP,Pct. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay Kivitz Pa. ID 26769 Andrew Gornall Pa. ID 92382 Joshua 1. Goldman Pa. ID 205047 Salvatore Filippello Pa. ID 313897 Jill P.Jenkins Pa. ID 306588 A U&rneys for Plaintiff Department of Defense Manpower Data Center Results as of:Mar-26-2013 07:54:23 SCRA 3.0 slaw Repon Pursuant to Servicememben Civil Relief Act Last Name: SHIMMEL First Name: GARY Middle Name: L. Active Duty Status As 4f: Mar-26-2013 On Artive Duly On A6sva fluty Stbts Dade Active Duty SW Daft Active D*End Data status service comparhert NA NA NO NA This response reflex she i dividusis'active duty status based on the Active Duty Status Date Lett Active Duly within 367 Days of Active Duty Status Date Active Duty Simi Date Active Duty End Date Status service component NA NA No NA This response reflects where the individual left active duty statue Within 367 days preceding she Active Duty Status Date The Member orHM4*r Witwas Natlffad of a FulumCalf up loAdlve Duty on Active Daub Semis Date Order Notification Start Data ordor"Mcal on End Date stk. Service Component NA NA No NA This response reflects whether the n tfivkkiat or hisfiar unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. r Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 at seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defensefink.mil"URL:http://www.defenselink.miVfaq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 92KB60644OA2330 as of:vier-262013 07:53:55 Department of Defense Manpower Data Center ResutiS SCRA 3.0 Status Rqmt Pmrsuant to Servicemembers Civil Relief Act Last Name: SHIMMEL First Name: GARY Middle Name: Active Duty Status As Of: Mar-26-2013 On Active Duty On Actin DW Statue Data Active Duty start Date Active Duty End Dde Status Service cwvmwd NA NA No NA This response ret acts the sslividuals'active duty status based on the Acute Duty Status Date Laft Adive Duly Witidn 367 Days of Active Duty SWN Delia Active Duty Stan Date'- Active buty End Deft Status Service cmMmerit NA NA No NA This response reflects where the individual left active duty stalus wWrin 367,days preceding the Active Duty Status Date The Member or lftsJHar UnAt was NoWed da Fulute C96 Jp b Active 0*on Active Duty Status Date Order NWft8tbn start Date Order No on End Date Status Service Comprere(d NA NA No NA This response reflects whether the Wividual or hisfher unit has received esdy notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAH,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 at seq,as emended)(SCRA)(formerly known as IOWJW* sod Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.miVfaq/pWPC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: R20ADOD4XOA2SBO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE �_ ^ TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA, t» NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL f l —a ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST NO.2010-07272 Civil Term "_` -Xi SERIES 1999-3 Plaintiff vs. <C:) 7:" C-) =-r .a GARY SHIMMEL,A/K/A GARY L.SHIMMEL r . PEGGY SHIMMEL,A/K/A PEGGY K.SHIMMEL,A/K/A $ r E MARGARET K.SHIMMEL G Defendant(s) t VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter,does hereby state to the best of his/her information and belief, as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense (https://www.dmdc.osd.mil/appj/scra/scraHome.do for the following individual(s):PEGGY SHIMMEL, A/K/A PEGGY K. SHIMMEL, A/K/A MARGARET K. SHIMMEL, has a last known residence of C/O William L. Adler, Esquire, 4949 Devonshire Road, Harrisburg, PA 17109. The following information was used to search the DMDC (check all that apply): X Last Name X First Name X Social Security Number 3. The DMDC search results, a copy of which is attached, states that based on the information provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A.4904 relating to unsworn falsification to authorities. Date �� � By: KML LAW GROUP,Pt. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay Kivitz Pa. ID 26769 Andrew Gomall Pa. ID 92382 Joshua I. Goldman Pa. ID 205047 Salvatore Filippello Pa. ID 313897 J11 P.Jenkins Pa. ID 306588 ttorneys for PI 'n 'ff Results as of:Mar-26-2013 07:58:06 Department of Defense Manpower Data Center SCRA 3.0 Statue Report Pursuant to Servicemembers Civil Relief Act Last Name: SHIMMEL First Name: PEGGY Middle Name: Active Duty Status As Of: Mar-26-2013 On Ac#m Duty On Atllkre tidy Data Active Duty start Date Active OteyEnd Data sh" SWV40 canponent NA NA No NA This response reflects the lindividuals'active duty status based on the Active Duty Status Date Left Active Duty WWrtn 367 Days of Active Duty status Data Active Duty Start Date Active Duty End Date steers Service Conponant NA NA No NA This response reflects where the individual left active duty anus vein 367 days preceding the Active Duty Status Date Tire Member or KwMer Unh was Notified of a Fuklm CWKV to Ad ive D*on Adtive Duey Status Dete Order Nottliration Start Date' Order Notific4on End Date Sao Service.Cornponent NA NA No NA This response reflects whether the lindivklluid or hislher unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Owit A L"AJ- Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 at seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any%mily member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:hftp:/Avww.defenselink.mil/faq/pis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 525E4OA4XOA2EAO Department of Defense Manpower Data Center Results as of:Mar-26-2013 07:58:36 SCRA 3.0 Status Repott Pursuant to Servicernembers Civil Mief Act Last Name: SHIMMEL First Name: PEGGY Middle Name: K. Active Duty Status As Of: Mar-26-2013 on Active Dtdy on:/tc"tl*St"Dies Active Duty art tie Active Oft Eed ate canporwWA. NA NA NO NA This response reflects tie k0fttels'active duty stows based on the Active Duty Stews Date LAA*m tJttly Wirt 3er;Days 0Active DWStaws ones Active Duty Start Date Active Duty End alas Stews Service component NA NA No NA This response reflects where t1e individual left active duty stahrs whiAn 367 days preceding tie.Active Duty Status Date The MemW or NtrMa unit Was NoWed of a Fu*m OW-Up to ACOW Duy on Aotee**SW=00a order Natteation Start Date order Near,End Deb Stews service cornix"hd NA NA NO NA This response reflects whether rte kK*A t or his/her unit has received eddy y noWastim i to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the intbrmation that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 1111A )j- LA ..+ Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 at seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http:/twww.defenselink.mil/faq/pis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: K2NF0094Q0A2T10 Department of Defense Manpower Data Center Results as of:Mar-262013 07:59:07 SCRA 3.0 Status —ort Pursuant to Sery cemembers Civil Relief Act Last Name: SHIMMEL First Name: MARGARET Middle Name: K. Active Duty Status As Of: Mar-26-2013 On Active Duty On Adhgr Duty SWn Date Active Ditty Start Date Active fluty End nabs Status Sen iae componion NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Dilly VAN*367 Days ofActim Duty stow Date Active Duty Start Date Active Duty End Deft '.. Sb*n Senora component NA NA No NA This response reflects where the individual left active duty status,w0hin 367 days preceding the Active Duty Status Date The Member or Nisltter Unit Was Notilfed ofa Future CeWp to Active Duty:on Atmore Duty Status Dele Order Noiilication Start Date Order NoWi cation End Date stabs S."foe.Component' NA NA No NA This response reflects whether the individual or hMw unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAH,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. A41 A L"AJ- Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical pre and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 at seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.miVfaq/pis/PCOgSLDR.htmi. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 02NF002410A2N80 In the Court of Common Pleas of Cumberland County U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE No.2010-07272 Civil Term CD FOR AFC TRUST SERIES 1999-3 C_'D T'l -800 STATE HIGHWAY 121 BYPASS LEWISVILLE,TX 75067-4180 n Plaintiff _ F, VS. GARY SHIMMEL,A/K/A GARY L.SHIMMEL PEGGY SHIMMEL,AIK/A PEGGY K.SHIMMEL,AIKIA MARGARET K. Cri SHIMMEL (Mortgagor(s)and Record Owner(s)) 6611 Carlisle Pike Mechanicsburg,PA 17050 77 ::It'3 Defendant(s) THE UNITED STATES OF AMERICA CY) PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT.ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against THE UNITED STATES OF AMERICA in accordance with attached waiver letter. Assess damages as follows: $119,548.93 Debt Interest from 2/29/2012 to Date of Sale per diem at$22.07 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to he entered and to his attorney of record,if any,after the default occurred and at least ten days prior to the date of the filing of this praecipe.A copy of the notice is attached.R.C.P.237.V11f By:- KML LAW GROUP,P.C. _Michael McKeever Pa.ID 56129 --jay E.Kivitz Pa.11)26769 —Lisa Lee Pa.ID 78020 _Kristin Murtha Pa.ID 61858 Ct I-L _David Fein Pa.ID 82628 It . Thomas Puleo Pa.ID 27615 —Joshua I.Goldman Pa.205047 _Jill P.Jenkins Pa.ID 306588 —Andrew F.Gonnall Pa.ID 92382 Attorneys for Plaintiff AND NOW Ds' Lb Judgment is entered in favor of U.S. BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3 and against TAIE UNITED STATES OF AMERICA in accordance with attached waiver letter damn_am_asse the $119,548.93 as per the above certification. Pr ono Rule of Civil Procedure No.236—Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY,PENNSYLVANIA CIVIL ACTION-LAW U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3 800 STATE HIGHWAY 121 BYPASS LEWISVILLE,TX 75067-4180 Plaintiff No.2010-07272 Civil Term vs. GARY SHIMMEL,A/K/A GARY L. SHIMMEL PEGGY SHIMMEL,A/K/A PEGGY K.SHIMMEL,A/K/A MARGARET K. SHIMMEL (Mortgagors and Record Owner(s)) 6611 Carlisle Pike Mechanicsburg,PA 17050 Defendant(s) THE UNITED STATES OF AMERICA THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT.ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. David D.Buell Prothonotary of Cumberland County 1 Courtho)re Carlisle,Prothonot ` By: Deputy If you have any questions concerning the above,please contact: KML Law Group,P.C. Suite 5000—BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 ------- 116946FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTENG TO COLLECT A DEBT OWED TO OUR CLIENT.ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE.: March 7,2013 TO: Kim Stevens THE UNITED STATES OF AMERICA Harrisburg Federal Building&Courthouse 228 Walnut Street,Suite 220 Harrisburg,PA 17108 In the Court of U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR IN Common Pleas INTEREST TO BANK OF AMERICA,NATIONAL ASSOCIATION,AS INDENTURE of Cumberland County TRUSTEE,SUCCESSOR BY MERGER-TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTF F FOR AFC TRUST SERIES 1999-3 CIVIL ACTION-LAW 800 STATE HIGHWAY 121 BYPASS LEWISVILLE,TX 75067-4180 Plaintiff Action of vs. Mortgage Foreclosure GARY SHIMMEL,A/K/A GARY L.SHIMMEL PEGGY SHIMMEL,A/K/A PEGGY K SHIMMEL,A/K/A MARGARET K.SHIMw,i, No.2010-07272 Civil'Perm (Mortgagor(s)acrd Record Ov n—(s)) 6611 Carlisle Pike Mechanicsburg,PA 17050 'THE UNITED STATES OF AMERICA Deferdani(s) E TO: Kim Stevens Harrisburg Federal Building&Courthouse 228 Walnut Street,Suite 220 Harrisburg,PA 17108 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10)DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU Wfl'HOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR 171,EPHONE THE OFFICE SET FORTH BEJAW. THIS OFFICE CAN PROVIDE YOU WICH INFORMATION ABOUT HIRING A i.AWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,TI IIS OFFICE MAY BE ABLE TO PROVIDE YOU WII'H INFORMATION ABOUT AGENCIES TITAT MAY OFf ER LEGAL SERVICES TO ELIGIBLE.PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 By: KML LAW GROUP,P. . _Michael McKeever Pa.ID 56129 Lisa Lee Pa.ID 78020 Kristina Martha Pa.ID 61858 David Fein Pa.ID 82628 'Thomas Puleo Pa.ID 27615 c _–Jill P.Je"Mas Pa.M d _Alyk L.011azian Pa.ID 312912 215427-1322 Attorneys for Plaintiff 116946FC TMS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT.ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THP DEBT. DA I'E OF THE NOTICE: March 7,2013 TO: US ATTORNEY GENERAL'S OFFICE(US DOI) 950 Pennsylvania Avenue,NW Washington,DC 20530 In the Court of U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR IN Common Pleas i INTEREST TO BANK OF AMERICA,NATIONAL ASSOCIATION,AS INDENTURE of Cumberland County TR.USTEF,,SUCCESSOR BY MERGER 7'0 LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTFF.FOR AFC TRUST SERIES 1999-3 CIVIL ACTION-LAW 800 STATE HIGHWAY 121 BYPASS LEWISVILLE,TX 75067-4180 Plaintiff Action of vs. Mortgage Foreclosure GARY SHIMMEL,A/K/A GARY L.SHIMMEL PEGGY SHIMMEL,A/K/A PEGGV K.SHMEI,A/K/A MARGARFT K.SHIMMEt No.2010-07272 Civil Term IM (Mortgagor(s)and Record Owner(s)) 6611 Carlisle Pike Mechanicsburg,PA 17050 THE UNIIRD STA'I ES OF AMERICA Defendant(5) TO:US ATTORNEY GENERAL'S OFFICE(US DOJ) 950 Pennsylvania Avenue,NW Washington,DC 20530 IMPORTANT NOTICE' YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONA11Y OR BY ATTORNEY AND FILE- IN WRrrWG WMT THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACI'WrrHIN TEN (10)DAYS FROM THE DATE OF TIIIS NOTICE,A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR(MIER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICF SFr FORTH BELOW. "INIS OFFICE CAN PROVIDE YOU WITH INFORMATION AI301JT HIRING A I.AWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE.YOU WrM INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELKi1BLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 LFGAI,SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 By I(ML LAW GROUP,P.C. Michael MclKeever Pa.ID 56129 Lisa Lee Pa.ID 78020 __Kristina Murtha Pa-ID 61858 David Fein Pa.rD 82628 Thomas Pnko Pa.ID 27615 ill P.Jenkins Pa.ID 306588 Alyk L.011azian Pa.ID 312912 215-627-1322 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST NO.2010-07272 Civil Term SERIES 1999-3 Plaintiff *r-W-- GARY SHIMMEL,A/K/A GARY L.SHIMMEL PEGGY SHIMMEL,AIK/A PEGGY K.SHIMMEL,AWA MARGARET K.SHIMMEL Defendant(s) VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMSERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group,P.C., as the representative for the Plaintiff in the above entitled matter,does hereby state to the best of his/her information and belief,as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense (https://www.dmdc.osd.n-i1/4ppi/scra/scraHome.do) for the following individual(s): GARY SHIMMEL, A/K/A GARY L. SHIMMEL, has a last known residence of CIO William L. Adler, Esquire, 4949 Devonshire Road, Harrisburg, PA 17109. The following information was used to search the DMDC(check all that apply): X Last Name X First Name X Social Security Number 3. The DMDC search results, a copy of which is attached, states that based on the information provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A.4904 relating to unsworn falsification to authorities. Date BY: KML LA Nf GRO P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay Kivitz Pa. ID 26769 Andrew Gornall Joshua I. Goldman Pa. ID 205047 Salvatore Filippello Pa. ID 313897 --NI P.Jenkins Pa. ID 306588 Attorneys for Plain *ff Results as of:Mar-21-201311:14:46 Department of Defense Manpower Data Center SCRA 3.0 st'atm lepton Fu umt to Smicememben Civil Relief Act Last Name: SHIMMEL First Name: GARY Middle Name: Active Duty Status As Of: Mar-21-2013_ On Active 0*on nctve Dtny Status Date Active Duty Start Date Active Duty End Data Status Service Component NA NA No NA This response reflects the individuale active duty status biased on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty status Date Active Duty Start Date Active Duty End Date status Service Component NA NA No NA This response reflects where the individual left active duty.status within 367 days preceding the Active Duty Status Date The Member or HislNer Unit Was NoMed of a Future CWWp to Active Duty on Active Ditty Status Date order NOti—1-Start Date order Notification Emu Date Status Serv+m Component NA NA No NA This response reflects whether the individual or his/her writ has received early notificalloo to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Canter,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or hWher unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. )Iht� a� A Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http:I/www.defenselink.mil/faq/pis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USG App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAH Commissioned Corps). Coverage Under the SCRA is Broader in Some Gases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING. This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID; 22R6P76360A0030 Results as of:Mar-21-2013 11:15:16 Department of Defense Manpower Data Center SCRA 3.0 stata Repatt Pmumt to Servicemembers Civil Relief Act Last Name: SHIMMEL First Name: GARY Middle Name: L. Active Duty Status As Of: Mar-21-2013 On Active Duty On Active Duty status Dam Active Duty Start Date Active Duty End Data Status Service component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty within 367 Days ofActive Duty Status Date Active Duty Start Date Active Duty End Date'.. status Service comporwrit NA "NA NO NA This response reflects where the individual left active.duty status whhln 367 days preceding the Active Duty Status Date The Member or HWHer Unit Was Notified of a Pu9ae Cat-Up to Active Duty on Active Duty Status Date Order Notification Start Date Or r NotiNCafion End Date status Service Component - NA NA No NA This response reflects whether the individual or his/her unit has received a"notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. A41 A �+ t Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting SyowM(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:hftp://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 729BG71300AOT10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST NO.2010-07272 Civil Term SERIES 1999-3 Plaintiff V& GARY SHIMMEL,A/K/A GARY L.SHIMMEL PEGGY SHIMMEL,A/K/A PEGGY K.SHIMMEL,A/K/A MARGARET K.SHIMMEL Defendant(s) VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group,P.C., as the representative for the Plaintiff in the above entitled matter,does hereby state to the best of his/her information and belief,as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense(https://www.dmdc.osd.niii/gppj/scra/scraHome.do) for the following individual(s): PEGGY SHIMMEL, A/K/A PEGGY K. SHIMMEL, A/K/A MARGARET K. SHIMMEL, has a last known residence of C/O William L. Adler, Esquire, 4949 Devonshire Road, Harrisburg, PA 17109. The following information was used to search the DMDC (check all that apply): X Last Name X First Name X Social Security Number 3. The DMDC search results, a copy of which is attached, states that based on the information provided,the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa.C.S.A.4904 relating to unsworn falsification to authorities, Date By: KML LAW GROUP,&W.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa.ID 78020 -Kristina Murtha Pa. ID 61858 -David Fein Pa. ID 82628 -Thomas Puleo Pa. lD 27615 Jay Kivitz Pa. ID 26769 -Andrew Gomall Pa. ID 92382 Joshua 1. Goldman Pa. ID 205047 Salvatore Filippello Pa. ID 313897 Jill P.Jenkins Pa. ID 306588 Attorneys for Plaintiff k- Results as of:Mar-21-2013 11:19:36 Department of Defense Manpower Data Center SGRA 3.0 statm R Pmuamt to Sery cemembers evil Relief Act Last Name: SHIMMEL First Name: PEGGY Middle Name: Active Duty Status As Of: Mar-21-2013 On Active Duty the Acafve Duty Status Delft Active Duty Start Date Active Duty End Data status Service Cchr V vant NA NA Na.' NA This response redacts the indivi lueW active duty status based on the Active Duty Status Date Left Achv D l W11hih 367 Doyso(Ac t"Duty smtiis Date Active Duty Start Date AdWe Duty End Date< status Service Component _ NA r'NA -NO NA This response reflects where the individual let active deity status within 367 days preceding the Active Duty Status Date The VAmber or HWNer'Ur*W10s Notified of a Future Cali Alp to Active Duty on Acute Duty Status Data ..Order Notification Start Date --:Order Notification End Date :' Status Service Component NA NA NO NA This response reftects whether ire individual a hWher unit has received earty notificat1w to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. t�' All Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:hftp:l/www.defenselink.mittfaq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: R2V9Q7A3J0A1170 Results as of:Mar-21-201311:20:40 Department of Defense Manpower Data Center SGRA 3.0 t3t���it7 Punuant to Slervieemembers Civil belief Act Last Name: SHIMMEL First Name: PEGGY Middle Name: K. Active Duty Status As Of: Mar-21-2013 on A,cAwa Duty on Ac§va Duly slae,a Dad Active Duty Start Date Ache Duty End Date Status Samoa component NA NA No. NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Daly Within 367 Days of Active Duty status Date Active Duty Start Date Active Duly Fad Dole Stadia Service Component NA NA No NA This response reflects where the individual left active duty status within 367 Clays preceding the Active Duty Status Date The Member or HisMer':Unit Was NgBifled afs Future Calt-Up to Active Duly on Active Duty status Date Order Notification Start Date Order Natpudafan fnd Date :Status - - Service component NA MA No NA This response reflects whether the individual or hisiher unit has received early notficabon to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or hWher unit receiving notification of future orders to report for Active Duty, HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. A71 A LA • Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil'URL:http:l/www.defenselink,millfaq/pis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or hWher unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSNtdate of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: M2SDZ723YOA1YFO Department of Defense Manpower Data Center Results as of:Mar-2,-20,3,,:7,:07 SCRA 3.0 Staff Report Pursuant to Servicemembers Civil Relief Act Last Name: SHIMMEL First Name: MARGARET Middle Name: K. Active Duty Status As Of: Mar-21-2013 On Active Duty On Active Duty Status(late Active Duty Start Date Active Duty End Date status service Component NA NA NO NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty within 387 Days of Active Duty status Dale Active Duty Start Date Active Duty End Date stews Setvica componerat ` NA NA NO NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HwHer Una was Notifkd of a Future C04V to Active Duty on Active buty Status Date ..Order NotficatMn Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the Individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAH,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. .r e Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4 800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty'responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:hftp:/twww.defenselink.mil/faq/pis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAH Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: Q2SFX7330OA1690 v KML Law Group,P.C. Suite 5000—BNY Independence Center 701 Market Street Philadelphia,PA 19106 215-627-1322 Attorney for Plaintiff TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA, IN THE COURT OF COMMON PLEAS NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL of Cumberland County ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3 800 STATE HIGHWAY 121 BYPASS CIVIL ACTION LAW LEWISVILLE.TX 75067-4180 Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE GARY SHIMMEL,A/K/A GARY L.SHIMMEL PEGGY SHIMMEL,A/K/A PEGGY K.SHIMMEL,A/K/A No.2010-07272 Civil Term MARGARET K.SHIMMEL (Mortgagor(s)and Record owner(s)) 6611 Carlisle Pike Mechanicsburg,PA 17050 Defendant(s) THE UNITED STATES OF AMERICA ORDER FOR JUDGMENT Please enter Judgment in favor of U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3,and against THE UNITED STATES OF AMERICA in accordance with attached waiver letter in the sum of$119,548.93. �r By: KML LAW GRO ,P.C. Michael McKeever Pa.ID 56129 Jay E.Kivitz Pa.ID 26769 Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 Joshua I.Goldman Pa.205047 Jill P.Jenkins Pa.ID 306588 Andrew F.Gornall Pa.ID 92382 Attorneys for Plaintiff 4 I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3 800 STATE HIGHWAY 121 BYPASS LEWISVILLE,TX 75067-4180 and that the name(s)and last known address(es)of the Defendant(s)is/are GARY SHIMMEL,A/K/A GARY L. SHIMMEL,C/O William L.Adler,Esquire 4949 Devonshire Road Harrisburg,PA 1.7109 and PEGGY SHIMMEL,A/K/A PEGGY K.SHIMMEL,A/K/A MARGARET K.SHIMMEL,C/O William L. Adler,Esquire 4949 Devonshire Road Harrisburg,PA 17109; By: KML LAW GR P,P.C. Michael McKeever Pa.ID 56129 Jay E.Kivitz Pa.ID 26769 Lisa Lee Pa.ID 78020 Krishna Murtha Pa,ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 Joshua I.Goldman Pa.205047 Jill P.Jenkins Pa.ID 306588 Andrew F.Gornall Pa.ID 92382 Attorneys for Plaintiff /*y L (J KML LAW GROUP,P.C. Stma 5000 BNY MEUON I1•DE r»OKF CENTIUt r: 701 MARKET STREET Ptnt.An>E,PxtA,PA 19106 WWW T,AWGROUP.L0M Puoru.:215-627-1322 FAx:215-627-7734 December 12,2012 Kim Stevens Paralegal Specialist Department of Justice United Stares Attorney's Office M iddle District of Pennsylvania 228 Walnut Street,P.O.Box 11754 Harrisburg,Pa 17108 i RE: EMC MORTGAGE CORPORATION ATTORNEY-IN-FACT FOR BANK OF AMERICA.,NA.AS S/R/M TO LASAI.LE BANK NATIONAL ASSOCIATION{"ASSIGN F.F"). k7K/A I ASAI.LI-,NAT.ONAL 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 FSR,AS SELLER AND SEtVICIE,AND LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,AFC MORTGAGE LOAN ASSET BACKED NOTES,SERIES 1993-3 AND ANY AMENDMENTS'I'I ITRETO vs.GARY SOMMEL,AIKJA GARY L.SMMMEEL&PEGGY SIEIv%(EL,A/K/A PEGGY K.SWIAM ,L,A/K/A MARGARET K.SHDAMEL Cumberland County—Docket#20)0-07272 Civil Term,Federal Tax Licn KML C 110946FC Dear Ms.Stevens: The property referred to in. the Complaint in Mortgage Horectoaure referenced above, is currently owned by GARY SHIMMEL, A/KJA GARY L. SlMvIMEL and PEGGY SHiMMEL, A/K/A PEGGY K. SHINIMEL, A/K/A MARGARET K SH WWL There are presently the following Federal Tax liens filed against GARY SHI KIEL,A/K/A GARY L.SIIIM ILL and PEf;GY SHI INM-,. A/K/A PEGGY K.S1IIMMF.1,A/K/A MARGARI3'l'K.SII]MMEL as follows_ United States vs. GARY Sl WPAEL, A/K/A GARY L. SHDvliv Eland PEGGY SHIMMEL, A/KIA PF(jGY K SHIMMEL, A/K/A MARGARET K. SIUMME1, IRS, Docket No. 2008-05512 filed September 17th 2008 in the amount of 822,953.70 IRS,Docket No. 2009-08250 filed November 30'b 2009 in the amount of 81,727.70 and IRS;Docket No.2009-08253 filed November 30'J'2009 in the amount of 13,863.70 The federal tax liens are junior to the mortgage held by our client(the Plaintiff)as set forth in the Complaint The United States is nut indebted to the Plaintiff. Following judgment the property will be sold at a judicial sale,notice of which shall be served on the lien holder,United States of America at:Tae Liens,clo United States Attorney's Office,228 Walnut Street,Harrisburg,PA 17108 at least 30 days prior to sale.The proceeds of ttto sale will be divided and distributed as the parties may be entitled under the priority of lien laws of the United States of America and the Commonwealth of Pennsylvania.The defendant United States of America,preserves its right of redemption as provided in Title 28,United Slates Code,Section 241 0(c). If you have any questions,please contact Scott Lion at 215-825-6345. By'� - KML LA GROXV,Y.C. Michael McKeever Pa.ID 56129 Lisa Lee Pa.ID 78020 Kristin Murtha Pa.ID 61858 Dayki Fwn 1'a.ID 82628 qpmas Pulco Pa ID 27615 Alyk L.Otlazian Pa.ID 312912 Attorneys for Plaintiff • PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE)-, P.R.C.P 3180-3183 7TI UI 5� KML Law Group,P-C. T ::a Suite 5000-BNY Independence Center r ) 701 Market Street Philadelphia,PA 19106 215-627-1322 Attorney for Plaintiff U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA,NATIONAL IN THE COURT OF COMMON PLEAS ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK of Cumberland County NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3 CIVIL ACTION—LAW 800 STATE HIGHWAY 121 BYPASS LEWISVILLE,TX 75067-4180 ACTION OF MORTGAGE FORECLOSURE Plaintiff vs. No. 2010-07272 Civil Term GARY SHIMMEL,A/K/A GARY L.SHIMMEL PEGGY SHIMMEL,A/K/A PEGGY K. SHIMMEL, A/K/A MARGARET K. SHIMMEL Mortgagor(s)and Record Owner(s) 6611 Carlisle Pike Mechanicsburg,PA 17050 Defendant(s) THE UNITED STATES OF AMERICA PRAEC11PE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $119,548-93 Interest from 2/2912012 to Date of Sale per them at $22.07 &) (Costs to be added) By: 6 0 KML LAW GROPP,P.C. ---Michael McKeever Pa.ID 56129 --jay E.Kivitz Pa.ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa.ID 61858 sO David Fein Pa. ID 82628 __--,A �)•d.5 (bW Thomas Puleo Pa.ID 27615 61 _Jill P.Jenkins Pa.ID 306588 ----Andrew F.Gornall Pa.ID 92382 Atto f Plaintiff Tneys or 00 z No. 2010-07272 Civil Term IN THE COURT OF COMMON PLEAS U.S. BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3 vs. GARY SHIMMEL,A/K/A GARY L. SHIMMEL and PEGGY SHIMMEL,A/K/A PEGGY K. SHIMMEL,A/K/A MARGARET K. SHIMMEL (Mortgagor(s)and Record Owner(s)) 6611 Carlisle Pike Mechanicsburg, PA 17050 PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) KML Law Group, P.C. Attorney for Plaintiff KML Law Group,P.C. Suite 5000—BNY Independence Center 701 Market Street Philadelphia,PA 19106 215-627-1322 I TRACT NO. 1;ALL THAT CERTAIN lot of ground situate in the village of Hogestown,township of Silver Spring, County of Cumberland and State of Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a post seventy-five(75)feet South of the state Highway NO. 11, which said point is also the southeast corner of other lands now or late of the Presbyterians Worshipping at Hogestown;thence West by lands of the Presbyteriar church sixty(60)feet to a point;thence south by lands now or formerly of Comman,seventy-five (75)feet to second street;thence East sixty(60)feet to line of other lands now or formerly of Annie Elizabeth Best; thence North along other lands now or formerly of Annie Elizabeth Best,seventy-five(75)feet to the point or place of BEGINNING. TRACT NO. 2: ALL THAT CERTAIN lot or parcel of ground situate in the village of Hogestown,Township of Silver Spring,County of Cumberland and state of Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a post on the Harrisburg.Carlisle and Chambersburg Turnpike;thence by lot now or late of Jacob Springer,South seventy five(75)feet to a post;thence by land now or late of George H.Bucher,West sixty(60) feet to a post;thence by land of the same,North seventy-five(75)feet to a post at the Turnpike;thence by said Turnpike East sixty(60)feet to the place of BEGINNING. IMPROVEMENTS consist of a residential dwelling. MUNICIPALITY TOWNSHIP OF SILVER SPRING BEING PREMISES: 6611 Carlisle Pike,Mechanicsburg,PA, 17050 SOLD as the property of Gary Shimmel and Peggy Shimmel TAX PARCEL#38-18-1322-042 KML Law Group, P.C. Suite 5000—BNY Independence Center 701 Market Street }' . Philadelphia, PA 19106 215-627-1322 2013 MAR 25 AM 11: 1 Attorney for Plaintiff U.S.BANK NATIONAL ASSOCIATION, AS PENNSYLVANIA INDENTURE TRUSTEE,SUCCESSOR IN IN THE COURT OF COMMON PLEAS INTEREST TO BANK OF AMERICA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, of Cumberland County SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3 CIVIL ACTION-LAW 800 STATE HIGHWAY 121 BYPASS LEWISVILLE,TX 75067-4180 Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. GARY SHIMMEL,A/K/A GARY L. SHIMMEL PEGGY SHIMMEL,A/K/A PEGGY K. SHIMMEL, No.2010-07272 Civil Term A/K/A MARGARET K. SHIMMEL (Mortgagor(s)and Record Owner(s)) 6611 Carlisle Pike Mechanicsburg,PA 17050 Defendant(s) THE UNITED STATES OF AMERICA AFFIDAVIT PURSUANT TO RULE 3129 U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1.999-3,Plaintiff in the above action,by counsel,KML Law Group,P.C.,sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 6611 Carlisle Pike Mechanicsburg,PA 17050 1-Name and address of Owner(s)or Reputed Owner(s): GARY SHIMMEL,A/K/A GARY L.SHIMMEL C/O William L.Adler,Esquire 4949 Devonshire Road Harrisburg,PA 17109 PEGGY SHIMMEL,A/K/A PEGGY K.SHIMMEL,A/K/A MARGARET K.SHIMMEL C/O William L.Adler,Esquire 4949 Devonshire Road Harrisburg,PA 17109 2.Name and address of Defendant(s)in the judgment: GARY SHIMMEL,A/K/A GARY L.SHIMMEL C/O William L.Adler,Esquire 4949 Devonshire Road PtArrisburg,PA 17109 PEGGY SHIMMEL,A/K/A PEGGY K.SHIMMEL,A/K/A MARGARET K.SHIMMEL C/O William L.Adler,Esquire 4949 Devonshire Road Harrisburg,PA 17109 THE UNITED STATES OF AMERICA Harrisburg Federal Building&Courthouse 228 Walnut Street,Suite 220 Harrisburg,PA 17108 3.Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle,PA 17013 PA DEPARTMENT OF PUBLIC WELFARE-Bureau of Child Support Enforcement Health and Welfare Bldg.-Room 432 P.O.Box 2675 Harrisburg,PA 17105-2675 COMMONWEALTH OF PA DEPARTMENT OF REVENUE Bureau of Compliance/ATTN SHERIFF SALES POB 281230 Harrisburg,PA 17128 BUREAU OF COMPLIANCE Dept.280946 Harrisburg,PA 17128-0946 LOCAL 520 UA FEDERAL CREDIT UNION c/o Robert D Kodak,Esq PO Box 11848 Harrisburg,PA 17108 EMC MORTGAGE CORPORATION,ET AL 800 State Highway 121 Bypass Lewisville,TX 75067-4180 EMC MORTGAGE CORPORATION,ET AL c/o Law Offices of Gregory Javardian 1310 INDUSTRIAL BLVD STE 101 SOUTHAMPTON,,pa 18966 BUREAU OF COMPLIANCE Dept.280948 Harrisburg,PA 17128-0948 4.Name and address of the last recorded holder of every mortgage of record: 5.Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6.Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7.Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. US ATTORNEY GENERAL'S OFFICE(US DOJ) 950 Pennsylvania Avenue,NW Washington,DC 20530 TENANTS/OCCUPANTS 6611 Carlisle Pike Mechanicsburg,PA 17050 1 verify that the statements made in this affidavit are true and correct to the best of my information and belief.I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.Section 4904 relating to unswom falsification to authorities. DATED: -,2 By: KML LAW GROUO,P.C. Michael McKeever Pa.ID 56129 ---Jay E.Kivitz Pa.ID 26769 ---Lisa Lee Pa.ID 78020 —Kristma Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa,ID 27615 --Joshua I.Goldman Pa.205047 Jill P.Jenkins Pa.ID 306588 Andrew F.Gornall Pa.ID 92382 Attorneys for Plaintiff 7/0z a 2010-07272 Civil Term KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106 (215)627-1322 Attorney for Plaintiff U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA, IN THE COURT OF COMMON PLEAS NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL of Cumberland County ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3 800 STATE HIGHWAY 121 BYPASS CIVIL ACTION-LAW LEWISVILLE,TX 75067-4180 Plaintiff ACTION OF MORTGAGE FORECGJ&E ::50 N) GARY SHIMMEL,A/K/A GARY L.SHIMMEL Docket No-.2010-07272 Civil Tkc-) PEGGY SHIMMEL,A/K/A PEGGY K.SHIMMEL,A/K/A 5*. MARGARET K.SHIMMEL Mortgagor(s)and Record Owner(s) 6611 Carlisle Pike Mechanicsburg,PA 17050 THE UNITED STATES OF AMERICA Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT.THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SHIMMEI,GARY L GARY SHIMMEL, A/K/A GARY L. SHIMMEL C/O William L.Adler,Esquire 4949 Devonshire Road Harrisburg,PA 17109 Your house at 6611 Carlisle Pike,Mechanicsburg,PA 17050 is scheduled to be sold at Sheriffs Sale on Wednesday,September 04,2013,at 10:00 AM,in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$119,548.93 obtained by U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 2010-07272 Civil Term 1. The sale will be cancelled if you pay to U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3,the back payments,late charges,costs and reasonable attorney's fees due.To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment,if the judgment was improperly entered.You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights.The sooner you contact one,the more chance you will have of stopping the sale.(See notice below on how to obtain an attorney). YOU MAY STJILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder.You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 1 The We will go through only if the buyer pays the Sheriff the full amount due in the sale.To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. 1 If the amount due from the Buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer.At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house.A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty(30)days from the date of the Sheriffs Sale.This schedule will state who will be receiving that money.The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong)are filed with fihe Sheriff within ten(10)days after the schedule of distribution is filed. 7. You may also have other rights and defenses,or ways of getting your house back,if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: hgp:H www.philadeiphiafed.orglfareclosurel YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 2010-07272 Civil Term Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender(and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud-gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.t)hfa.orp-/consumers/homeowners/�����eal.aspx. 5). Call the Plaintiff(your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout/Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionCa)krnllawgrouD.com.com. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 116946FC. Para inforinacion en espanol puede communicarse con Loretta al 215-825-6344. A 2010-07272 Civil Term KNIL Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street -w (215)627-1322 Attorney for Plaintiff U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA, IN THE COURT OF COMMON PLEAS NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL of Cumberland County ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3 800 STATE HIGHWAY 121 BYPASS CIVIL ACTION-LAW LEWISVILLE,TX 75067-4180 Plaintiff ACTION OF MORTGAGE FORECLOSilE VS. F SHIMMEL,A/K/A GARY L SHPAMEL Docket No.2010-07272 Civil Tao*> Ul (D PEGGY SHIMMEL,A/K/A PEGGY K.SHIMMEL,A/K/A MARGARET K.SHIMMEL >C-f Mortgagor(s)and Record Owner(s) CT 6611 Carlisle Pike Mechanicsburg,PA 17050 THE UNITED STATES OF AMERICA Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT.THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFFS SALE OF REAL PROPERTY TO: SHIMMEL,PEGGY PEGGY SHIMMEL, A/K/A PEGGY K. SHIMMEL, A/K/A MARGARET K. SHIMMEL CIO William L.Adler,Esquire 4949 Devonshire Road Harrisburg,PA 17109 Your house at 6611 Carlisle Pike,Mechanicsburg,PA 17050 is scheduled to be sold at Sheriff s Sale on Wednesday,September 04,2013,at 10:00 AM,in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$119,548.93 obtained by U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3 against you. NQTICE,OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 2010-07272 Civil Term To prevent this Sheriffs Sale you must take immediate action: 1. TW sale will be cancelled if you pay to U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3,the back payments,late charges,costs and reasonable attorney's fees due.To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment,if the judgment was improperly entered.You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights.The sooner you contact one,the more chance you will have of stopping the sale.(See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder.You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff,you will remain the owner of the property as if the We never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer.At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house.A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty(30)days from the date of the Sheriffs Sale.This schedule will state who will be receiving that money.The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong)are filed with the Sheriff within ten(10)days after the schedule of distribution is filed. 7. You may also have other rights and defenses,or ways of getting your house back,if you act immediately after the sale, 8. You may contact the Foreclosure Resource Center: hqp://www.philade hiaW.oPJ r foreclosure/ 19 - YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 liberty Avenue Carlisle,PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 2010-07272 Civil Term Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender(and our client)has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.jzov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website hqp://www.phfa.orgJconsumers/homeowners/real.gTx. 5). Call the Plaintiff(your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout/Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@kmllawgroup.com.com. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 11694617C. Para information en espanol puede communicarse con Loretta al 215-825-6344. 2010-0' 272 C'Term KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106 (215)627-1322 Attorney for Plaintiff U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA, IN THE COURT OF COMMON PLEAS NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL of Cumberland County ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3 800 STATE HIGHWAY 121 BYPASS CIVIL ACTION-LAW LEWISVILLE,TX 75067-4180 - c,a t r# Plaintiff ACTION OF MORTGAGE FOREC _ E VY mo w' vs. C) GARY SHIMMEL,A/K/A GARY L.SHIMMEL Docket No.2010-07272 Civil Tell[C) _ C G r. PEGGY SHIMMEL,A/K/A PEGGY K.SHIMMEL,A/K/A MARGARET K.SHIMMEL Mortgagor(s)and Record Owner(s) ` 6611 Carlisle Pike Mechanicsburg,PA 17050 THE UNITED STATES OF AMERICA Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT.THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: THE UNITED STATES OF AMERICA Kim Stevens Harrisburg Federal Building&Courthouse 228 Walnut Street,Suite 220 Harrisburg,PA 17108 Your house at 6611 Carlisle Pike,Mechanicsburg,PA 17050 is scheduled to be sold at Sheriffs Sale on Wednesday,September 04,2013,at 10:00 AM,in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$119,548.93 obtained by U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 2010-07272 Civil Term 1. The sale will be cancelled if you pay to U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3,the back payments,late charges,costs and reasonable attorney's fees due.To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment,if the judgment was improperly entered.You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights.The sooner you contact one,the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened,you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer.At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house.A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty(30)days from the date of the Sheriffs Sale.This schedule will state who will be receiving that money.The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong)are filed with the Sheriff within ten(10)days after the schedule of distribution is filed. 7. You may also have other rights and defenses,or ways of getting your house back,if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: htip://www.philadelphiafed.orwforeclosure YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 LEGAL SERVICES INC 2010-07272 Civil Term Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender(and our client)has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.orWconsumers/homeowners/real.gWx. 5). Call the Plaintiff(your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout/Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention @kmllawgroup.com.com. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 116946FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. Su to 5000 Group, Independence Center 701 Market Street �'� Philadelphia,PA 19106 215-627-1322 A NO Attorney for Plaintiff S Y,j1 U.S. BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA,NATIONAL ASSOCIATION,AS INDENTURE IN THE COURT OF TRUSTEE, SUCCESSOR BY MERGER TO LASALLE COMMON PLEAS BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3 of Cumberland County 800 STATE HIGHWAY 121 BYPASS LEWISVILLE, TX 75067-4180 CIVIL ACTION-LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE GARY SHIMMEL,A/K/A GARY L. SHIMMEL PEGGY SHIMMEL,A/K/A PEGGY K. SHIMMEL,A/K/A MARGARET K. SHIMMEL Mortgagor(s)and Record Owner(s) NO. 2010-07272 Civil Term 6611 Carlisle Pike Mechanicsburg,PA 17050 Defendant(s) THE UNITED STATES OF AMERICA CERTIFICATION AS TO THE SALE OF REAL PROPERTY Plaintiff,by counsel,hereby certifies that it has complied with the provisions of Act 91 of 1983 and/or the real property in question is not subject to the Act. By: �. KML LAW GIfOUP,P.C. Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa.ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I.Goldman Pa.205047 Jill P.Jenkins Pa.ID 306588 Andrew F.Gornall Pa.ID 92382 Attorneys for Plaintiff CC L y � �` . i WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 10-7272 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S.BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE,SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3 Plaintiff(s) From GARY SHIMMEL,A/K/A GARY L.SHIMMEL,PEGGY SHIMMEL,A/K/A PEGGY K. SHIMMEL,A/K/A MARGARET K. SHIMMEL aod-`7X.t.14u4tcL fX&4r of 4vow CA (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $119,548.93 L.L.: $.50 Interest FROM 2/29/12 TO DATE OF SALE PER DIEM AT$22.07 Atty's Comm: Due Prothy:$2.25 Atty Paid: $211.25 Other Costs: Plaintiff Paid: Date: 3/25/13 J � David D. Buell,Prothonotary (Seal) �� Q�s1' � Deputy REQUESTING PARTY: Name:ALYK L. OFLAZIAN,ESQUIRE Address: KML LAW GROUP,P.C. SUITE 5000-BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA,PA 19106 Attorney for:PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No.312912 KML LAW GROUP,P.C. 116946FC Suite 5000 CF: 11/19/2010 BNY Mellon Independence Center i_: SD: 09/04/2013 1,'r ' $119,548.93 701 Market Street �`�i)T1 Philadelphia,PA 19106-1532 �t r 215-627-1322 u 1 �,�;f 31 ��o Attorne for Plaintiff '° f� `� U.S.BANK NATIONAL ASSOCIATION,AS IN L raj{- �, Q ' 1VION PLEAS INDENTURE TRUSTEE, SUCCESSOR IN { A INTEREST TO BANK OF AMERICA, of Cumberland County NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR BY MERGER TO CIVIL ACTION—LAW LASALLE BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE FOR AFC TRUST ACTION OF MORTGAGE FORECLOSURE SERIES 1999-3 800 STATE HIGHWAY 121 BYPASS Term LEWISVILLE,TX 75067-4180 No. 2010-07272 Civil Tenn Plaintiff VS. GARY SHIMMEL A/K/A GARY L. SHIMMEL PEGGY SHIMMEL,A/K/A PEGGY K. SHIMMEL,A/K/A MARGARET K. SHIMMEL Mortgagor(s)and Record Owner(s) 6611 Carlisle Pike Mechanicsburg,PA 17050 Defendant(s) THE UNITED STATES OF AMERICA CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P.3129.2 (c) (2) Veronica Cosme, an employee of KML Law Group,P.C., counsel of Plaintiff,hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/competent adult(copy of return attached). (X) Certified mail by KML Law Group,P.C. (Postal return receipt attached). ( ) Certified mail by Sheriffs Office. (X) Ordinary mail by KML Law Group,P.C. to Attorney for Defendant(s)of record(proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s)(proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s)of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult(copy of return attached). ( ) Certified Mail &ordinary mail by Sheriffs Office(copy of return attached). ( ) Certified Mail &ordinary mail by KML Law Group,P.C. (receipt(s)for Certified Mail attached). ( ) Published in accordance with court order(copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders(if any)has been made by ordinary mail KML Law Group,P.C. (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 Pa. C.S.A. Section 4904. Respectfully submitted, .y �G Veronica Cosine Legal Assistant ? l�,Ad41r as of Sander Check.type of mail or service; !Affix Stamp Here 1 GI(QIJP, P.C. (it Issued as e . 600Q ❑ CODI�. .Recorded Delivery(International) certificate.of mailing, 1''MA ET'STREET ❑ ❑ Registered or for additional copies . . ' El Delivery Confirmation 13 Return Receipt for Merchandise of this bill) I (PHLAD PH1A,PA Cl Express Mail ❑ Signature Confirmation (-Postmark and X91 -1 2 ❑ Insured Date of Receipt Handling Actual Value Insured Due Sender DC S SH AQ. RFI Article Number Addressee(Name.Street,City,State,&ZIP Code) Postage ! Fee g G Charge. if Registered Value if COD Fee Fee Fee Fee Fee t 1, SHIMMEL,GARY L. US ATT RNEY GENERAL'S OFFICE(L S DOJ) CIO William L.Adler, Esquire 950 Per risylvania Avenue,'N 4949 Devonshire Road Washiril ton,DC 2C 530 { Harrisburg,PA 17109 TENAN 2. E, - SHIMMEL,PEGGY 6611 Ce disle Pike C/O William L.Adler, Esquire Mechani sburg, P 17050 4949 Devonshire Road Harrisburg,PA 17109 02 1M $ .03.680 3 � + 0004285957 MAY06 2013 LOCAL 520 UA FEDERAL CREDIT UNION MAILED FROM ZIPCODE 19106 q �2 c/o Robert D Kodak,Esq ~ 4 PO Box 11848 Harrisburg,PA 17108 � 4. y EMC MORTGAGE CORPORATION,ET AL 800 State Highway 121 Bypass Lewisville,TX 75067-4180 EMC MORTGAGE CORPORATION,ET AL Jr. 1310 INDUSTRIAL BLVD STE 101 SOUTHAMPTON„pa 18966 BUREAU OF COMPLIANCE Dept.280948 PA 17128 0948. 7. 8. Total Number of Pieces. Total Number of PIeCPV Postmaster, r am receiving employee) Listed by Sender Received at Post See Privacy Act Statement on Reverse PS Form'3877,February 2002(Page 1 of 2) Complete by Typewriter,Ink,orBall Point Pen 1 16946F Cumberland County Sale Date: 09/04/2013 GARY SHIMMEL,A/K/A GARY L. SHIMMEL&PEGGY SHIMMEL,A/K/A PEGGY K. SHIMMEL,A/K/A MARGARET K. SHIMMEL: . Name and Addrgf;s of Sender Check type,of,mail or service, Affix Stamp Here (If issued as a KML LAiIV GPhrJUP, P.C. ❑ Certified 0;Recorded Delivery(International). certificate of mailing,. SUITE 5600 ❑ COD ❑ Registered or for additional cop' 701 MARKET STREET" El Delivery Confirmation ❑ Return Receipt-for Merchandise of this bill) PHILADELPFA,.PA ❑ Express'Mail ❑ Signature Confirmation Postmark and 19106-11532 ❑ Insured Date of Recall (� �r -SAD RR Han_,,'.:. �. Article Number Addressee(Name,Street,Qty,State,&ZIP Code) Postage Fes Ch •:I ���*aE'r'Oi" gee Fee ; _. 1.846 1, DOMESTIC RELATIONS OF CUMBERLAND COUNTY O ` PO Box 320 0004285957 MAYOS 2013 Carlisle,PA 17013 MAILED FROM ZIP CODE 1910 6 PA DEPARTMENT OF PUBLIC WELFARE-Bureau of Child -_ _ _ _ — .. 2, Health and Welfare Bldg.-Room 432 - P.O.Box 2675 Harrisburg,PA 17105-2675 COMMONWEALTH OF PA DEPARTMENT OF REVENUE Bureau of GemplieneeA:FFN 81 lER1rF SALES 3.. POB 281230 Harrisburg,PA 17128 BUREAU OF.COMPLIANCE Dept.280946 I lairlsbu V,PA 151128 6946 .4. rJ.. c'ORSL i i 6. dsn 7. Total Number of ces Total Number of Pieces Postmaster,Per a of eiving employee) 1 �Isted by Sender Received at Post Of See Privacy Act Statement on Reverse j h, OS Form 3877,,February 2002(Page 2 of 2) Complete by Typewriter,ink,or Ball Point Pea 116946FC Cumberland County Sale Date: 09/04/2013 GARY SHIMMEL,.A/K/A GARY L. SHIMMEL&PEGGY SHIMMEL;A/K/A PEGGY K. SHIMMEL, IK/A MARGARET K. SHIMMEL IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA U.S.BANK NATIONAL.ASSOCIATION,AS INDENTURE CASE and/or DOCKET No.:2010-07272 CIVIL TERM TRUSTEE,SUCCESSOR IN INTEREST TO BANK OF AMERICA, ; NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, Sheriff s Sale Date:9/4/2013 SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3;et seq. Plaintiff(Petitioner) ; V. GARY SHIMMEL A/K/A GARY L.SHIMMEL;et al. Defendant(Respondent) AFFIDAVIT OF SERVICE ❑Complaint ❑Summons Other:NOTICE OF SALE 1,RYAN MARKS,certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party,and that I served USA the above process on the 7 day of May,2013,at 2:30 o'clock;PM,at 228 Walnut St.,,Ste.220,Fed.Bldg Harrisburg,PA 17108,County of Cumberland,Commonwealth of Pennsylvania: Manner of Service: By handing a copy to: An officer,partner,trustee,or registered agent of the Defendant organization who is not a plaintiff in the action* O The manager,clerk,or other person for the time being in charge of a regular place of business or activity of the Defendant organization who is not a plaintiff in the action* [] An agent authorized by the Defendant organization in writing to receive service of process for it who is not a plaintiff in the action *Name:SUSAN MELENDEZ Relationship/Titte/Position:ADMINISTRATIVE ASSISTANT Remarks: Description:Approximate Age 46-50 Height 5'5 Weight 150 Race WHITE Sex FF.MAI,F, Hair BLONDE Commonwealth/State of if ) SS: County of 60•or; T ) Before me,the undersigned notary public, is day,personally,appeared Ryw.. M.#,W f to me known,who being duly sworn according to law,dep es the following: I hereby swear or affirm t4t,t s set forth in the foregoing Affidavit of Service are true and correct. Subscribed and sworn to before me (9ignatuFetof Affiant) this_1 day of 0 13 File Number:116946/FC Case ID#:3635633 Notary Public COMMONWEALTH OF PENNSYLVXUA Notarlat Seal Eric M.Alrerbach,Notary Public Washington Twp.,Barks County My Commission Expires Nov.18;2013 KA4L LAW GROUP,P.C. Suite 5000—BNY Mellon Independence Center 701 Market Street Philadelphia,PA 19106 215-825-6320 Attorney for Plaintiff U.S.BANK NATIONAL ASSOCIATION,AS IN THE COURT OF COMMON PLEAS INDENTURE TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA,NATIONAL of Cumberland County ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE CIVIL ACTION-LAW TRUSTEE FOR AFC TRUST SERIES 1999-3 800 STATE HIGHWAY 121 BYPASS LEWISVILLE,TX 75067-4180 ACTION OF MORTGAGE FORECLOSURE Plaintiff Term vs. No. 2010-07272 Civil Term GARY SHIMMEL A/K/A GARY L. SHIMMEL PEGGY SHIMMEL,A/K/A PEGGY K. SHIMMEL, A/K/A MARGARET K. SHIMMEL Mortgagor(s)and Record Owner(s) 6611 Carlisle Pike Mechanicsburg,PA 17050 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 U.S. BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA,NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION,AS INDENTURE TRUSTEE FOR AFC TRUST SERIES 1999-3,Plaintiff in the above action,by and through an authorized employee of its attorneys, KML Law Group, P.C., sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 6611 Carlisle Pike Mechanicsburg,PA 17050 1.Name and address of Owner(s)or Reputed Owner(s): GARY SHIMMEL A/K/A GARY L. SHIMMEL C/O William L.Adler,Esquire 4949 Devonshire Road Harrisburg, PA 17109 PEGGY SHIMMEL,A/K/A PEGGY K. SHIMMEL,A/K/A MARGARET K. SHIMMEL C/O William L.Adler,Esquire ` 4949 Devonshire Road Harrisburg,PA 17109 2.Name and address of Defendant(s) in the judgment: GARY SHIMMEL A/K/A GARY L. SHIMMEL C/O William L. Adler,Esquire 4949 Devonshire Road Harrisburg,PA 17109 PEGGY SHIMMEL,A/K/A PEGGY K. SHIMMEL,A/K/A MARGARET K. SHIMMEL C/O William L. Adler,Esquire 4949 Devonshire Road Harrisburg,PA 17109 THE UNITED STATES OF AMERICA Harrisburg Federal Building&Courthouse 228 Walnut Street, Suite 220 Harrisburg,PA 17108 3.Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE-Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg,PA 17105-2675 COMMONWEALTH OF PA DEPARTMENT OF REVENUE Bureau of Compliance/ATTN SHERIFF SALES POB 281230 Harrisburg, PA 17128 BUREAU OF COMPLIANCE Dept. 280946 Harrisburg, PA 17128-0946 LOCAL 520 UA FEDERAL CREDIT UNION c/o Robert D Kodak,Esq PO Box 11848 Harrisburg,PA 17108 EMC MORTGAGE CORPORATION,ET AL 800 State Highway 121 Bypass Lewisville,TX 75067-4180 EMC MORTGAGE CORPORATION,ET AL c/o Law Offices of Gregory Javardian 1310 INDUSTRIAL BLVD STE 101 SOUTHAMPTON„pa 18966 BUREAU OF COMPLIANCE Dept. 280948 Harrisburg,PA 17128-0948 4.Name and address of the last recorded holder of every mortgage of record: 5.Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6.Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7.Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. US ATTORNEY GENERAL'S OFFICE(US DOJ) 950 Pennsylvania Avenue,NW Washington,DC 20530 TENANTS/OCCUPANTS 6611 Carlisle Pike Mechanicsburg,PA 17050 1 verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or infonnation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: July 26, 2013 L Law Group, .C. BY: Veronica Cosme Legal Assistant ........... .... _ _ SI- IFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F?LED-OF'F CE Sheriff CIF THE P OTHONO rA e #r�tr of clernb,,5_ Jody S Smith ' Chief Deputy ,� 21I3 NOV _it PM 3: 50 :. Richard W Stewart CUMSERLANO COUNTY Solicitor ovneE of THE SHERIFF PENNSYLVANIA 1i U.S. Bank National Association vs. Case Number Gary L. Shimmel a/k/a Gary L. Shimmel (et al.) 2010-7272 SHERIFF'S RETURN OF SERVICE 06/25/2013 04:08 PM -Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 6611 Carlisle Pike, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 08/22/2013 As directed by Terrance McCabe,Attorney for the Plaintiff, Sheriffs Sale Continued to 10/2/2013 10/01/2013 As directed by Terrance McCabe,Attorney for the Plaintiff, Sheriffs Sale Continued to 11/6/2013 10/31/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $819.99 SO ANSWERS, October 31, 2013 RONfq ANDERSON, SHERIFF 0- g c ,,e.( C,c3' . S D „o.?- ,Oit ,2 9T 7 �1 c?CountySuite Sheriff:Teleesott,Inc SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t L 4 ytitr of ici i�rdi� ; rY 1)(t. PP"o 11-1(3N 0 Jody S Smith Chief Deputy 013 NOY 20 P"' "AS Richard W Stewart MBERLA COUNT `� Solicitor OFPICE OF THE SKERiFF pFV.4RSYLVAN1A U.S. Bank National Association vs. Case Number Gary L. Shimmel a/k/a Gary L. Shimmel (et al.) 2010-7272 SHERIFF'S RETURN OF SERVICE 10/13/2012 Entry of Appearance Of Michael McKeever, KML Law Group, as Atty for Plaintiff, filed in Prothy's Office. 06/25/2013 04:08 PM - Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 6611 Carlisle Pike, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 08/22/2013 As directed by Michael McKeever, Attorney for the Plaintiff, Sheriff's Sale Continued to 10/2/2013 10/01/2013 As directed by Michael McKeever,Attorney for the Plaintiff, Sheriffs Sale Continued to 11/6/2013 10/31/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Michael McKeever. SHERIFF COST: $819.99 SO ANSWERS, +� 4" G November 19, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosott,Inc. DUANE MORRIS LLP By: Brett L. Messinger I.D. No. 63020 30 South 17th Street Philadelphia, PA 19103 215.979.1508 / 1112 215.979.1020 fax blmessingerAduanemorris.com EMC MORTGAGE CORPORATION, Plaintiffs, vs. GARY SHIMMEL, A/K/A GARY L. SHIMMEL, PEGGY SHIMMEL, A/K/A PEGGY K. SHIMMEL, A/KIA MARGARET K. 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.: 2010-07272, CIVIL TERM MOTION TO ENFORCE CONSENT ORDER T4.-1 CO ( COMES NOW, 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"), for an Order granting its Motion to Enforce Consent Order, and in support thereof, states: 1. On October 22, 2009, Plaintiff EMC commenced the instant foreclosure action by the filing of a Complaint against Defendants, foreclosing its mortgage against certain property owned by Defendants (the "Mortgaged Property"). 2. Defendants filed an Answer with New Matter and Counterclaim on December 14, 2010. 3. Thereafter, the parties settled their dispute through agreement to a Consent Order, a true and correct copy of which is attached hereto as Exhibit "A." 4. The Consent Order was submitted to the Court for approval and the Court did, in fact, approve and enter the Order on June 25, 2012. See Exhibit "A." 5. Among other things, the Consent Order provides that Judgment will be entered in favor of EMC in foreclosure and in return for payment of $1,500 (the "Settlement Sum "), Defendants would withdraw their Answer and Counterclaim by filing a praecipe. 6. Importantly, while EMC was not required to pay the settlement sum until after it executed on its judgment and sold the Mortgaged Property, EMC paid the Settlement Sum to Defendants without the Mortgaged Property having been sold.' 7. However, despite Defendants having accepted the Settlement Sum and the litigation being at an end, Defendants are inexplicably refusing to withdraw their Answer and Counterclaims. 8. Defendants refusal is in direct contravention of the Consent Order, which provides that the Defendants shall withdraw their Answer and Counterclaim against EMC with prejudice upon payment of the aforementioned $1,500. 9. The Court Order plainly states, "Defendants shall withdraw their Answer and Counterclaim against EMC with prejudice upon payment of the aforementioned $1,500.00. See Consent Order at ¶ 3. 10. Accordingly, Defendants' refusal to withdraw their Answer and Counterclaim after having accepted the Settlement Sum is entirely baseless. WHEREFORE, for all the foregoing reason, EMC requests the Court grant the instant Motion to Enforce Consent Order. EMC does not intend to execute on its foreclosure judgment at this time. 3 DM1\4541529.1 Respectfully Submitted, DUANE MORRIS LLP Dated: March 27, 2014 4 DM1 \4541529.1 Brett L. Messinger (63020) Arthur R. Armstrong (203816) 30 South 17th Street Philadelphia, PA 19103 -4196 Telephone: 215.979.1000 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 DUANE MORRIS LLP By: Brett L. Messinger I.D. No. 63020 30 South 17th Street Philadelphia, PA 19103 215.979.1508 / 1112 215.979.1020 fax blmessinger@duanemorris.com EMC MORTGAGE CORPORATION, Plaintiffs, VS. GARY SHIMMEL, A/K/A GARY L. SHIMMEL, PEGGY SHIMMEL, A/K/A PEGGY K. SHIMMEL, A/K/A MARGARET K. 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.: 2010-07272, CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF MOTION TO ENFORCE CONSENT ORDER I. INTRODUCTION Plaintiff 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 Defendants Gary Shimmel, also known as Gary L. Shimmel, and Peggy Shimmel, also known as Margaret K. Shimmel ("Defendants"), through their respective counsel, negotiated a settlement of this litigation through the entry of a Consent Order. However, while EMC has fulfilled its obligations thereunder, Defendants have refused, forcing EMC to seek Court intervention to compel Defendant& compliance. EMC paid Defendants all sums due under the Consent Order, but Defendants refuse to withdraw their Answer and Counterclaim. Accordingly, EMC files the instant Motion to Enforce Consent Order and request the striking of Defendants' Answer and Counterclaim. II. STATEMENT OF THE QUESTION INVOLVED Should Defendants' Answer and Counterclaim be stricken pursuant to the Consent Order where Defendants have accepted payment in full from EMC, but have refused to withdraw their Answer and Counterclaim as required by the Consent Order? Proposed Answer: Yes. III. FACTS On October 22, 2009, Plaintiff EMC commenced the instant foreclosure action by the filing of a Complaint against Defendants, foreclosing its mortgage against certain property owned by Defendants (the "Mortgaged Property "). Defendants filed an Answer with New Matter and Counterclaim on December 14, 2010. Thereafter, the parties settled their dispute through agreement to a Consent Order, a true and correct copy of which is attached hereto as Exhibit "A." The Consent Order was submitted to the Court for approval and the Court did, in fact, approve and enter the Order on June 25, 2012. See Exhibit "A." Among other things, the Consent Order provides that Judgment will be entered in favor of EMC in foreclosure and in return for payment of $1,500 (the "Settlement Sum "), Defendants would withdraw their Answer and Counterclaim by filing a praecipe. Importantly, while EMC was not required to pay the settlement sum until after it executed on its judgment and sold the Mortgaged Property, EMC paid the Settlement Sum to Defendants without the Mortgaged Property having been sold.2 However, despite Defendants having accepted the Settlement Sum and the litigation being at an end, Defendants are inexplicably refusing to withdraw their Answer and Counterclaims. Defendants refusal is in direct contravention of the Consent Order, which 2 EMC does not intend to execute on its foreclosure judgment at this time. 6 DM l \4541 529.1 provides that the Defendants shall withdraw their Answer and Counterclaim against EMC with prejudice upon payment of the aforementioned $1,500. The Court Order plainly states, "Defendants shall withdraw their Answer and Counterclaim against EMC with prejudice upon payment of the aforementioned $1,500.00. See Consent Order at ¶ 3. Accordingly, Defendants refusal to so withdraw their Answer and Counterclaim after having accepted the Settlement Sum is entirely baseless. IV. ARGUMENT In Pennsylvania, the enforceability of a settlement is governed by principles of contract law. Commerce Bank/Pennsylvania v. First Union Nat'l Bank, 911 A.2d 133, 145 (Pa. Super. 2006) (citing Mazzella v. Koken, 739 A.2d 531, 536 (Pa. 1999)). Where the parties have agreed on all the essential terms of the agreement the settlement is to be enforced. Id. In the present case, there is no dispute that the parties agreed to the terms of the settlement, as evidenced by the signed Consent Order. Rather; the only impediment to final resolution of this matter is Defendants' refusal to do what is expressly required by the Consent Order, namely, withdraw their Answer and Counterclaim. V. RELIEF For all the foregoing reasons, EMC prays for an Order substantially in the form submitted herewith, striking Defendants' Answer and Counterclaim. 7 DM 1 \4541529.1 Respectfully Submitted, DUANE MORRIS LLP By: Dated: March 27, 2014 DM ] \4541529.1 8 Brett L. Messinger (. 0) Arthur R. Armstrong (2:3816) 30 South 17th Street Philadelphia, PA 19103 -4196 Telephone: 215.979.1000 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 EXHIBIT A DUANE MORRIS LLP By: Brett L. Messinger I.D. No. 63020 30 South 17th Street Philadelphia, PA 19103 215.979.1508 / 1112 215.979.1020 fax blmessinger@duanemorris.com EMC MORTGAGE CORPORATION, Plaintiffs, vs. GARY SHIMMEL, A/K/A GARY L. SHIMMEL, PEGGY SHIMMEL, A/K/A PEGGY K. SHIMMEL, A/K/A MARGARET K. 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 -In -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 $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 should be entered in favor of EMC, its , successor and/or assigns and against DM IUI70606.1 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 Sheriffs Deed to J.PTvlorgan 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 $1,5.00, Defendants shall withdraw its Answer and Counterclaim by film_ a Pra cipe. THE LAW OFFICES OF VILL1AM L. ADLER DUANE. 4/11. t fiy, Brent. Messing Attorneys for Defenda its Attorneys for EMC ;Mortgage LLC formerly known as EMC Mortgage Corporation, Attorney._ In -Fact For Bank of America, N.A., As Trustee•of AFC Mortgage Loan Asset - Backed Notes, Series 1993 -3, Without Recourse ORDER AND NOW, to wit, this A.64.61ay of L JLtA/ L. ; 2012, . upon Consideration of " the `Stipulation of the Parties, it is HEREBY ORDERED: 1. That judgment in rem,, is entered in favor orEMC Mortgage LLC, formerly. known as EMC Mortgage Corporation, Attorney-In-Fact For Bank of America, N.A., As Trustee. of AFC .Mortgage Loaii Asset - Backed Notes, Series 1.993 -3, Without Recourse ( "EMC") and against Defendants for the sum of$l 19;543:93, together with interest from Februa y 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 2. That EMC shall, pay to Defendants the sum of $1,5.00: 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; D1%41'3210606.1 2 3. That Defendants shall withdraw their Answer and Counterclaim against EMC with prejudice upon payment of the aforementioned $1,500. and 4. The Court shall retain jurisdiction to enforce the Stipulation and Order. 3 DM 1 3270606.1 Aly,l-)=I IS SOJ ✓e RDERED: r: z -4 DUANE MORRIS LLP By: Brett L. Messinger I.D. No. 63020 30 South 17th Street Philadelphia, PA 19103 215.979.1508 / 1112 215.979.1020 fax blmessinger @duanemorris.com EMC MORTGAGE CORPORATION, § Plaintiffs, vs. GARY SHIMMEL, A/K/A GARY L. SHIMMEL, PEGGY SHIMMEL, A/K/A PEGGY K. SHIMMEL, A/K/A MARGARET K. 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.: 2010- 07272, CIVIL TERM CERTIFICATE OF SERVICE I, Arthur R. Armstrong, hereby certify that a true and correct copy of the foregoing Motion to Enforce Consent Order was served via United States Mail on this 27th day of March, 2014, upon: William L. Adler, Esq. The Law Office of William L. Adler 4949 Devonshire Road Harrisburg, PA 17109 Counsel for Defendants Arthur R. Armstrong Dated: March 27, 2014 EMC MORTGAGE CORPORATION, § IN THE COURT OF COMMON PLEAS § OF CUMBERLAND COUNTY Plaintiffs, CIVIL DIVISION vs. § NO.: 2010-07272, CIVIL TERM GARY SHIMMEL, A/K/A GARY L. § SHIMMEL, PEGGY SHIMMEL, A/K/A PEGGY K. SHIMMEL, A/K/A MARGARET K. SHIMMEL, Defendants. ORDER AND NOW, this 4TH day of APRIL, 2014, a Rule is issued upon Defendants to Show Cause why the Motion to Enforce Settlement order should not be granted. Rule returnable twenty (20) days after service. By the Court, Edward E. Guido, J. Arthur R. Armstrong, Esquire :sld . Adler, Esquire DUANE MORRIS LLP By: Brett L. Messinger I.D. No. 63020 Attorneys for EMC Mortgage LLC, formerly 30 South 17th Street known as EMC Mortgage Corporation, Philadelphia, PA 19103 Attorney-In-Fact For Bank of America,N.A., 215.979.1508 / 1112 As Trustee of AFC Mortgage Loan Asset- 215.979.1020 fax Backed Notes, Series 1993-3, blmessinger@duanemorris.com duanemorris.com Without Recourse EMC MORTGAGE CORPORATION, § IN THE COURT OF COMMON PLEAS § OF CUMBERLAND COUNTY Plaintiffs, § CIVIL DIVISION vs. § NO.: 2010-07272, CIVIL TERM; GARY SHIMMEL, A/K/A GARY L. t m SHIMMEL, PEGGY SHIMMEL, ' ;y A/K/A PEGGY K. SHIMMEL, A/K/A ' MARGARET K. SHIMMEL, § r_ Defendants. § =' • MOTION TO MAKE RULE ABSOLUTE 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"), submits the instant Motion to Make Rule Absolute and, in support thereof, avers as follows: 1. On March 28, 2014, EMC filed a Motion to Enforce Consent Order(the "Motion") because Defendants failed and refused to withdraw their Answer and Counterclaim as required thereunder. A true and correct copy of the Motion is attached hereto as Exhibit"A." 2. One April 4, 2014, the Court issued a Rule to Show Cause why the Motion should not be granted, which required a response from Defendants within twenty (20) days of service. A true and correct copy of the Rule to Show Cause is attached hereto as Exhibit`B." 3. The Rule to Show Cause contains a handwritten notation that copies were mailed to Defendants' counsel, William Adler, on April 4, 2014. See Exhibit`B." 4. Accordingly, Defendants were required to file a response to the Motion no later than April 24, 2014; however, to date, Defendants have failed to file any response or otherwise show cause why the Motion should not be granted. 5. Accordingly, the Rule to Show Cause should be made absolute and EMC's Motion should be granted. WHEREFORE, Plaintiff 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, respectfully requests that this Honorable Court enter an Order making the Rule Absolute and granting Plaintiffs Motion to Enforce Consent Order, striking Defendants' Answer and Counterclaim. Respectfully Submitted, DUANE MORRIS LLP By: Brett L. Messinger(630214 Arthur R. Armstrong (203816) 30 South 17th Street Philadelphia, PA 19103-4196 Telephone: 215.979.1000 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 Dated: May 6, 2014 3 DM1\4541529.1 VERIFICATION I, Arthur R. Armstrong, hereby certify that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Arthur R. Armstrong / DUANE MORRIS LLP By: Brett L. Messinger I.D. No. 63020 Attorneys for EMC Mortgage LLC, formerly 30 South 17th Street known as EMC Mortgage Corporation, Philadelphia, PA 19103 Attorney-In-Fact For Bank of America,N.A., 215.979.1508 / 1112 As Trustee of AFC Mortgage Loan Asset- 215.979.1020 fax Backed Notes, Series 1993-3, blmessinger@duanemorris.com Without Recourse EMC MORTGAGE CORPORATION, § IN THE COURT OF COMMON PLEAS § OF CUMBERLAND COUNTY Plaintiffs, § CIVIL DIVISION vs. § NO.: 2010-07272, CIVIL TERM GARY SHIMMEL, A/K/A GARY L. § SHIMMEL, PEGGY SHIMMEL, § A/K/A PEGGY K. SHIMMEL, A/K/A MARGARET K. SHIMMEL, Defendants. § CERTIFICATE OF SERVICE I, Arthur R. Armstrong, hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute was served via United States Mail on this 6th day of May, 2014, upon: William L. Adler, Esq. The Law Office of William L. Adler 4949 Devonshire Road Harrisburg, PA 17109 Counsel for Defendants Arthur R. Armstrong Dated: May 6, 2014 EXHIBIT "A " f 1 DUANE MORRIS LLP By: Brett L. Messinger I.D. No. 63020 Attorneys for EMC Mortgage LLC, formerly 30 South 17th Street known as EMC Mortgage Corporation, Philadelphia, PA 19103 Attorney-In-Fact For Bank of America,N.A., 215.979.1508 / 1112 As'Trustee of AFC Mortgage Loan Asset- 215.979.1020 fax Backed Notes, Series 1993-3, blmessinger@duanemorris.com Without Recourse EMC MORTGAGE CORPORATION, § IN THE COURT OF COMMON PLEAS § OF CUMBERLAND COUNTY Plaintiffs, § CIVIL DIVISION vs. § NO.: 2010-07272, CIVIL TERM GARY SHIMMEL,A/K/A GARY L. § SHIMMEL, PEGGY SHIMMEL, A/K/A PEGGY K. SHIMMEL,A/K/A MARGARET K. SHIMMEL, r Defendants. yw ` ' MOTION TO ENFORCE CONSENT ORDER COMES NOW,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"),for an Order granting its Motion to Enforce Consent Order, and in support thereof, states: 1. On October 22, 2009, Plaintiff EMC commenced the instant foreclosure action by the filing of a Complaint against Defendants, foreclosing its mortgage against certain property owned by Defendants (the"Mortgaged Property"). 2. Defendants filed an Answer with New Matter and Counterclaim on December 14, 2010. 3. Thereafter, the parties settled their dispute through agreement to a Consent Order, a true and correct copy of which is attached hereto as Exhibit"A." • 4. The Consent Order was submitted to the Court for approval and the Court did, in fact, approve and enter the Order on June 25, 2012. See Exhibit"A." 5. Among other things,the Consent Order provides that Judgment will be entered in favor of EMC in foreclosure and in return for payment of$1,500 (the"Settlement Sum"), Defendants would withdraw their Answer and Counterclaim by filing a praecipe. 6. Importantly, while EMC was not required to pay the settlement sum until after it executed on its judgment and sold the Mortgaged Property, EMC paid the Settlement Sum to Defendants without the Mortgaged Property having been sold.' 7. However, despite Defendants having accepted the Settlement Sum and the litigation being at an end, Defendants are inexplicably refusing to withdraw their Answer and Counterclaims. 8. Defendants refusal is in direct contravention of the Consent Order, which provides that the Defendants shall withdraw their Answer and Counterclaim against EMC with prejudice upon payment of the aforementioned $1,500. 9. The Court Order plainly states, "Defendants shall withdraw their Answer and Counterclaim against EMC with prejudice upon payment of the aforementioned$1,500.00. See Consent Order at¶3. 10. Accordingly, Defendants' refusal to withdraw their Answer and Counterclaim after having accepted the Settlement Sum is entirely baseless. WHEREFORE, for all the foregoing reason,EMC requests the Court grant the instant Motion to Enforce Consent Order. EMC does not intend to execute on its foreclosure judgment at this time. 3 DM]\4541529.1 -1 i I I _ I. . 1 Respectfully Submitted, DUANE MORRIS LLP By: Brett L. Messinger(63020) Arthur R. Armstrong (203816) 30 South 17th Street Philadelphia, PA 19103-4196 Telephone: 215.979.1000 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 Dated: March 27,2014 4 DM 1\4541529.1 d 1 f ,. DUANE MORRIS LLP By: Brett L. Messinger I.D.No. 63020 Attorneys for EMC Mortgage LLC, formerly 30 South 17th Street known as EMC Mortgage Corporation, Philadelphia, PA 19103 Attorney-In-Fact For Bank of America,N.A., 215.979.1508 / 1112 As Trustee of AFC Mortgage Loan Asset- 215.979.1020 fax Backed Notes, Series 1993-3, blmessinger@duanemorris.com Without Recourse EMC MORTGAGE CORPORATION, § IN THE COURT OF COMMON PLEAS § OF CUMBERLAND COUNTY Plaintiffs, § CIVIL DIVISION vs. § NO.: 2010-07272, CIVIL TERM GARY SHIMMEL,A/K/A GARY L. § SHIMMEL, PEGGY SHIMMEL, § A/K/A PEGGY K. SHIMMEL,A/KIA MARGARET K. SHIMMEL, Defendants. § MEMORANDUM OF LAW IN SUPPORT OF MOTION TO ENFORCE CONSENT ORDER I. INTRODUCTION Plaintiff 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 Defendants Gary Shimmel, also known as Gary L. Shimmel, and Peggy Shimmel, also known as Margaret K. Shimmel ("Defendants"), through their respective counsel,negotiated a settlement of this litigation through the entry of a Consent Order. However,while EMC has fulfilled its obligations thereunder,Defendants have refused, forcing EMC to seek Court intervention to compel Defendants' compliance. EMC paid Defendants all sums due under the Consent Order,but Defendants refuse to withdraw their Answer and Counterclaim. Accordingly, EMC files the instant Motion to Enforce Consent Order and request the striking of Defendants' Answer and Counterclaim. II. STATEMENT OF THE QUESTION INVOLVED Should Defendants' Answer and Counterclaim be stricken pursuant to the Consent Order where Defendants have accepted payment in full from EMC,but have refused to withdraw their Answer and Counterclaim as required by the Consent Order? Proposed Answer: Yes. III. FACTS On October 22, 2009, Plaintiff EMC commenced the instant foreclosure action by the filing of a Complaint against Defendants, foreclosing its mortgage against certain property owned by Defendants (the "Mortgaged Property"). Defendants filed an Answer with New Matter and Counterclaim on December 14, 2010. Thereafter,the parties settled their dispute through agreement to a Consent Order, a true and correct copy of which is attached hereto as Exhibit"A." The Consent Order was submitted to the Court for approval and the Court did, in fact, approve and enter the Order on June 25, 2012. See Exhibit"A." Among other things,the Consent Order provides that Judgment will be entered in favor of EMC in foreclosure and in return for payment of$1,500 (the "Settlement Sum"), Defendants would withdraw their Answer and Counterclaim by filing a praecipe. Importantly,while EMC was not required to pay the settlement sum until after it executed on its judgment and sold the Mortgaged Property,EMC paid the Settlement Sum to Defendants without the Mortgaged Property having been sold.2 However, despite Defendants having accepted the Settlement Sum and the litigation being at an end, Defendants are inexplicably refusing to withdraw their Answer and Counterclaims. Defendants refusal is in direct contravention of the Consent Order,which 2 EMC does not intend to execute on its foreclosure judgment at this time. 6 DM1\4541529.1 provides that the Defendants shall withdraw their Answer and Counterclaim against EMC with prejudice upon payment of the aforementioned$1,500. The Court Order plainly states, "Defendants shall withdraw their Answer and Counterclaim against EMC with prejudice upon payment of the aforementioned$1,500.00. See Consent Order at 113. Accordingly, Defendants refusal to so withdraw their Answer and Counterclaim after having accepted the Settlement Sum is entirely baseless. IV. ARGUMENT In Pennsylvania,the enforceability of a settlement is governed by principles of contract law. Commerce Bank/Pennsylvania v. First Union Nat'l Bank, 911 A.2d 133, 145 (Pa. Super. 2006) (citing Mazzella v. Koken, 739 A.2d 531, 536 (Pa. 1999)). Where the parties have agreed on all the essential terms of the agreement the settlement is to be enforced. Id. In the present case, there is no dispute that the parties agreed to the terms of the settlement,as evidenced by the signed Consent Order. Rather; the only impediment to final resolution of this matter is Defendants' refusal to do what is expressly required by the Consent Order,namely, withdraw their Answer and Counterclaim. V. RELIEF For all the foregoing reasons, EMC prays for an Order substantially in the form submitted herewith, striking Defendants' Answer and Counterclaim. 7 DM1\4541529.1 Respectfully Submitted, DUANE MORRIS LLP By: Brett L. Messinger(s' 1 0) Arthur R. Armstrong (2:3816) 30 South 17th Street Philadelphia, PA 19103-4196 Telephone: 215.979.1000 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 Dated: March 27, 2014 8 DM114541529.1 _ . 1-- I - • - •: .1 I - •. _. • EXHIBIT A • f .. � DUANE MORRIS IL? By: Brett L.Messinger I.D.No.63020 Attorneys for EMC Mortgage LLC,formerly 30 South 17th Street known as EMC Mortgage Corporation, Philadelphia,PA 19103 Attorney-In-Fact For Bank of America,N.A., 215.979.1508/1112 As Trustee of AFC Mortgage Loan Asset- 215.979.1020 fax Backed Notes,Series 1993-3, blmessinger@duanemorris.com Without Recourse EMC MORTGAGE CORPORATION, § IN THE COURT OF COMMON PLEAS § OF CUMBERLAND COUNTY. Plaintiffs, § § CIVIL DIVISION VS. § NO.:09.730'1 CIVIL TERM GARY SHIMMEL,A/K/A GARY L. § SHIMMEL,PEGGY SHIMMEL, § A/K/A PEGGY K SHIMMEL,A/K/A MARGARET K.SHIMMEL, Defendants. • § 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 I..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-In-Fact For Bank of America,N.A.,As Trustee of AFC Mortgage Loan Asset-Backed Notes,Series 1993-3,Without Recourse("EMC"): (I)that judgment in rem,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 should be entered in favor of EMC,its,successor and/or assigns and against Drn3VO6 N.t • • • • - 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 J.PIvlorgan 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$1,500, Defendants shall withdraw its Answer and Counterclaim by filin_a Pra-cipe. • THE I.A W OFFICES OF LLIAM L.ADLCR DUANC. { 1 fff A � Gati L.:Adl t By; Brett L.Messing r it Attorneys for Defendants Attorneys for EMC Mortgage-L.LO;formerly known as EMC Mortgage Corporation,Attorney-- 1 In-Fact For Bank of America,KA.,As Trustee of AFC:Mortgage Loan Asset-Backed Notes,Series 1993-3,Without Recourse ORDER AND NOW,to wit,this A..646lay of L./44A/ L ;201 , f ' upon Consideration ofthe Stipulation of the.Parties,it is HEREBY ORDERED: 1. That judgment in rent,is entered in favor of.EMC Mortgage LLC,formerly { known:as.EMC Mortgage Crnporation, Attorney-In-Fact For Bank of Arneriea,N.A,,As Trustee. of AFC.Mortgage Loan Asset-Banked:Notes,Series IQ93-3,'Withou:t Recourse("EMC")and against Defendants for the stnii;.of$.11:9,543.93,together with rrnterest from Febrputy 29;.20.1:2 at the rate of$22:.09 per diem to the date'of the Judgment,and other costs and charges eolleetib.le under the Mortgage and for the foreclosure and sale of the mortgaged property 2. That EMC shall.pay.to Defendants the:sum of$1;5.0 :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 Slteriff'sfeed and.delivery of the Property.within 15 days thereof ma. broom swept condition; 2 DNIt 3;7040G.I 3. That Defendants shall withdraw their Answer and Counterclaim against EMC with prejudice upon payment of the aforementioned$1,500. and 4. The Court shall retain jurisdiction to enforce the Stipulation and Order. AT 3=I JIS SO RDERED: c-4 Ca -1 • c X;' rP;- al 1•6 3: . ° ' ml .•w . -.i -4 w > 3 DMI\327O 6.1 DUANE MORRIS LLP By: Brett L. Messinger I.D. No. 63020 Attorneys for EMC Mortgage LLC, formerly 30 South 17th Street known as EMC Mortgage Corporation, Philadelphia, PA 19103 Attorney-In-Fact For Bank of America,N.A., 215.979.1508 / 1112 As Trustee of AFC Mortgage Loan Asset- 215.979.1020 fax Backed Notes, Series 1993-3, blmessinger @duanemorris.com Without Recourse EMC MORTGAGE CORPORATION, § IN THE COURT OF COMMON PLEAS § OF CUMBERLAND COUNTY Plaintiffs, § CIVIL DIVISION vs. § NO.: 2010-07272, CIVIL TERM GARY SHIMMEL,A/K/A GARY L. § SHIMMEL, PEGGY SHIMMEL, § A/K/A PEGGY K. SHIMMEL,A/KJA MARGARET K. SHIMMEL, Defendants. § CERTIFICATE OF SERVICE I, Arthur R. Armstrong, hereby certify that a true and correct copy of the foregoing Motion to Enforce Consent Order was served via United States Mail on this 27th day of March, 2014, upon: William L. Adler, Esq. The Law Office of William L. Adler 4949 Devonshire Road Harrisburg, PA 17109 Counsel for Defendants Arthur R. Armstrong Dated: March 27, 2014 EXHIBIT " B " EMC MORTGAGE CORPORATION, § IN THE COURT OF COMMON PLEAS § OF CUMBERLAND COUNTY Plaintiffs, CIVIL DIVISION vs. § § NO.: 2010-07272,CIVIL TERM GARY SHIMMEL,A/K/A GARY L. § SHIMMEL,PEGGY SHIMMEL, § A/K/A PEGGY K. SHIMMEL,A/K/A MARGARET K. SHIMMEL, Defendants. § ORDER AND NOW,this 4T"day of APRIL,2014,a Rule is issued upon Defendants to Show Cause why the Motion to Enforce Settlement order should not be granted. Rule returnable twenty(20)days after service. By the Court, Edward E.Guido,J. Arthur R.Armstrong, Esquire illiam L.Adler, Esquire :sld e CZ /1/10 rn b yr*1 DUANE MORRIS LLP By: Brett L. Messinger I.D. No. 63020 30 South 17th Street Philadelphia, PA 19103 215.979.1508 / 1112 215.979.1020 fax blmessinger@duanemorris.com EMC MORTGAGE CORPORATION, Plaintiffs, VS. § GARY SHIMMEL, A/K/A GARY L. SHIMMEL, PEGGY SHIMMEL, A/K/A PEGGY K. SHIMMEL, A/K/A MARGARET K. 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 W NO.: 2010-07272, CIVIL TERM g cn r—cr Vic-.) -4t' Olay ORDER AND NOW, to wit, this of /%%/q / , 2014, upon consideration of Plaintiff's Motion to Enforce Consent Order, its Memorandum of Law in Support thereof, the Court's Rule to Show Cause dated April 4, 2014, and Defendants' failure to respond, it is HEREBY ORDERED and DECREED that the Rule to Show Cause dated April 4, 2014 is hereby made ABSOLUTE and Plaintiff's Motion is GRANTED. It is further ORDERED and DECREED that Defendants' Answer and Counterclaim are hereby STRICKEN. J. 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, 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 V. GARY SHIMMEL, A/K/A GARY L. SHIMMEL, PEGGY SHIMMEL, A/K/A PEGGY K. SHIMMEL, A/K/A MARGARET K. SHIMMEL, DEFENDANTS -� ..fi LJ 2011i 12 PH 1:21 I e!rNSYLVA IUNr;. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2010-07272, CIVIL TERM • COMPLAINT IN MORTGAGE FORECLOSURE REPLY TO MOTION TO MAKE RULE ABSOLUTE AND NOW COME the Defendants, through their attorney, William L. Adler, and respectfully represents the following: 1. On April 21, 2014, a reply to the motion to enforce the consent order with new matter was filed by defendants in response to the motion filed March 28, 2014. (Exhibit A) 2. Originally, the plaintiffs had filed a foreclosure action against the defendants to docket number 09-7301. -1- 3. That action was discontinued and a new action brought under docket number 2010- 07272. the 4. In filing the reply on April 21, 2014, defendants mistakenly used the 2009 docket number. f.� 5. Plaintiffs were served with a copy of the Reply of Defendants by first class mail on April 18, 2014: ; _ 1. 1ti 6. • Plaintiff ha`s"not-agreed to thelrelief requested in this motion: Counsel has attempted to contact Mr. Ar'm`strong; but has:not yet received'a reply and feltit necessary to file this before receivirig a reply,: `' �:.' ' ...: ...:>.. « . I:` F - : 4 4izi lc 7. I. 4'`.-- 3.i WHEREFORE, Plaintiffs respectfully request that the Reply filed April21; 2014 be`transferred to the docket number 2010-07272 and that,the motion to make rule absolute filed to that number Y be dismissed. May 8, 2014 , -2- i `iam,L. Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 Supreme Court ID: 39844 bal@billadlerlaw.com William L. Adler, Esquire 4949 Devonshire Rd. Harrisburg, PA 17109 Phone: 717-652-8989 Fax: 71.7-307-3343 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 V. GARY SHIMMEL, A/K/A GARY L. SHIMMEL, PEGGY SHIMMEL, A/K/A PEGGY K. SHIMMEL, A/K/A MARGARET K. SHIMMEL, DEFENDANTS : IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA • CIVIL ACTION - LAW • : NO. 09-7301, CIVIL TERM COMPLAINT IN MORTGAGE FORECLOSURE REPLY TO MOTION TO ENFORCE CONSENT ORDER WITH NEW MATTER AND NOW COME the Defendants, through their attorney, William L. Adler, and respectfully represents the following: 1 Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 1 6x1, A -o N) .0- WILLIAM: L. ADLER ATTORNEY AT LAW 4949 Devonshire Road HARRISBURG, PENNSYLVANIA 17109 PHONE: (717) 652-8989 FAX: (717) 307-3343 EMAIL: BAL@BillAdlerLaw.com WEBSITE:BillAdlerLaw.com LEWIS F. ADLER (193e_t98a) KOHN AND ADLER (1934._!19(4) DAVID S. KOHN KOHN. ADLER & ADLER (1934_1985) (1960_199 I) LOUIS J. ADLER ADLER R ADLER (1959_1999) (1999.2010) CRAIG I, ADLER Cumberland. County Prothonotary One Courthouse Square Carlisle, PA 17013 Re: EMC v. 'Shimmel Dear Prothonotary: April 18, 2014. Enclosed please find defendants' Reply for filing. Please return a. clocked copy to me. Thank you. Very truly yours. % l William L.. Adler cc: Gary Shimmel Brett Messinger, Esq. 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, 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 V. GARY SHIMMEL, A/K/A GARY L. SHIMMEL, PEGGY SHIMMEL, A/K/A PEGGY K. SHIMMEL, A/K/A MARGARET K. SHIMMEL, DEFENDANTS : 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 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, 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 V. GARY SHIMMEL, A/K/A GARY L. SHIMMEL, PEGGY SHIMMEL, A/K/A PEGGY K. SHIMMEL, A/K/A MARGARET K. SHIMMEL, DEFENDANTS : IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW • • : NO. 09-7301, CIVIL TERM • COMPLAINT IN MORTGAGE FORECLOSURE REPLY TO MOTION TO ENFORCE CONSENT ORDER WITH NEW MATTER AND NOW COME the Defendants, through their attorney, William L. Adler, and respectfully represents the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. -1- 5. Admitted in part and denied in part. The stipulation states the following: a. (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 Sheriffs Deed to JP Morgan 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 Defendant the sum of $1,500.00; and (3) that upon receipt of the $1,500, Defendants shall withdraw its Answer and Counterclaim by filing a Praecipe. The Order of the Court dated June 25, 2012 states: 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 successors and/or assigns of the Sheriffs Deed and delivery of the Property within 15 days thereof in a broom swept condition; That Defendants shall withdraw their Answer and Counterclaim against EMC with prejudice upon payment of the aforementioned $1,500. 6. Denied. The sale of the property was a condition precedent to the defendant completing its obligations under this stipulation and order. Plaintiff attempts to avoid its obligation to take the Property to sale with the payment of the $1,500.00. The obligation to take the property to sale was clearly set forth in the stipulation and order. This was an important factor in the negotiation of the stipulation in that defendants retain the personal liability of the property with continuing obligations to pay for sewer and water until the property goes to sale. Plaintiff has had possession of the Property for years and has its own locks on the Property. 7. Denied. Plaintiff has failed to fulfil its obligations under the stipulation and order by failing to take the Property to sale. 8. Denied. Plaintiff has failed to fulfil its obligations under the stipulation and order by failing to take the Property to sale. 9. Denied. Plaintiff extracts a limited part of the language of the order to support its position. 10. Denied. Plaintiff has failed to fulfil its obligations under the stipulation and order by failing to take the Property to sale. -2- NEW MATTER 11. The responses to paragraphs one through ten are incorporated herein by reference. 12. Upon the plaintiffs fulfilment of its obligations under the stipulation and order to take the Property to sale, defendants would withdraw the answer and counterclaim. 13. Plaintiff has violated the terms of the stipulation and order by its failure and admitted refusal to take the Property to sale. 14. Defendants' counsel has repeatedly requested compliance with the stipulation and order from plaintiff. 15. Plaintiff has repeatedly refused to comply with the same. 16. Defendants request that plaintiff be held in contempt for failure to comply with the Order. 17. Defendants request attorneys' fees to compensate defendants for plaintiffs failure to comply with the Order. 18. Defendants also request payment of all charges incurred by defendants for maintenance of the property and payment of bills from June 25 , 2012 to date. WHEREFORE, defendants respectfully request the following relief: That plaintiffs be ordered to take the Property to sheriff sale within 90 days of the date of this Court's order; That plaintiffs be held in contempt of the Order of Court dated. June 25, 2012; That defendants be awarded attorneys' fees expended in their efforts to enforce the June 25, 2012 Order together with costs incurred by defendants for property expenses since June 25, 2012; Other relief as this Court deems appropriate. April 18, 2014 -3- Wi liam L. Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 Supreme Court ID: 39844 bal@billadlerlaw.com billadlerlaw.com CERTIFICATE OF SERVICE I, William L. Adler, Esquire, Attorney for Defendant, hereby certify on April 18, 2014 ,1. served a copy of the within Pleading upon the following person by first class mail, postage prepaid, addressed as follows: Brett L. Messinger Duane Morris, LLP 30 S. 17th St. Philadelphia, PA 19103 William L. Adler. Esquire _4- CERTIFICATE OF SERVICE I, William L. Adler, Esquire, Attorney for Defendant, hereby certify on May 8, 2014, I served a copy of the within Pleading upon the following person by EMAIL Arthur Armstrong, Esq. E-mail: ARArmstrong@duanemorris.com Duane Morris, LLP 30 S. 17th St. Philadelphia, PA 19103 oter2c( William L. Adler, Esquire -3- 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 : IN THE COURT OF COMMON PLEAS AMERICA, N.A.. AS, S /B /M TO LASALLE : CUMBERLAND COUNTY, BANK NATIONAL ASSOCIATION PENNSYLVANIA ( "ASSIGNEE "), FORMERLY KNOWN AS LASALLE NATIONAL BANK, IN ITS : CIVIL ACTION - LAW CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE AND : NO. 09 -7301, CIVIL TERM SERVICING AGREEMENT DATED SEPTEMBER 1,1999 AMONG AFC TRUST : COMPLAINT IN MORTGAGE SERIES 1993 -3, AS ISSUER, SUPERIOR FORECLOSURE BANK FSB, AS SELLER AND SERVICER, AND LASALLE BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE, AFC MORTGAGE LOAN c:9 ASSET - BACKED NOTES, SERIES 1993 -3 c _a -,; AND ANY AMENDMENTS THERETO, "v W -c" PLAINTIFFS zm�. r 1 IV V. > n GARY SHIMMEL A/K/A GARY L. ?' D ° o SHIMMEL, PEGGY SHIMMEL, A /K/A >c r:', ) PEGGY K. SHIMMEL, A/K/A MARGARET z K. SHIMMEL, `< co DEFENDANTS NOTICE TO PLEAD You are hereby notified to plead to the enclosed New Matter 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, 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 V. GARY SHIMMEL, A/K/A GARY L. SHIMMEL, PEGGY SHIMMEL, A /K/A PEGGY K. SHIMMEL, A/K/A MARGARET K. SHIMMEL, DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09 -7301, CIVIL TERM : COMPLAINT IN MORTGAGE FORECLOSURE REPLY TO MOTION TO ENFORCE CONSENT ORDER WITH NEW MATTER AND NOW COME the Defendants, through their attorney, William L. Adler, and respectfully represents the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. -1- 5. Admitted in part and denied in part. The stipulation states the following: a. (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 Sheriffs Deed to JP Morgan 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 Defendant the sum of $1,500.00; and (3) that upon receipt of the $1,500, Defendants shall withdraw its Answer and Counterclaim by filing a Praecipe. The Order of the Court dated June 25, 2012 states: 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 successors and /or assigns of the Sheriffs Deed and delivery of the Property within 15 days thereof in a broom swept condition; That Defendants shall withdraw their Answer and Counterclaim against EMC with prejudice upon payment of the aforementioned $1,500. 6. Denied. The sale of the property was a condition precedent to the defendant completing its obligations under this stipulation and order. Plaintiff attempts to avoid its obligation to take the Property to sale with the payment of the $1,500.00. The obligation to take the property to sale was clearly set forth in the stipulation and order. This was an important factor in the negotiation of the stipulation in that defendants retain the personal liability of the property with continuing obligations to pay for sewer and water until the property goes to sale. Plaintiff has had possession of the Property for years and has its own locks on the Property. 7. Denied. Plaintiff has failed to fulfil its obligations under the stipulation and order by failing to take the Property to sale. 8. Denied. Plaintiff has failed to fulfil its obligations under the stipulation and order by failing to take the Property to sale. 9. Denied. Plaintiff extracts a limited part of the language of the order to support its position. 10. Denied. Plaintiff has failed to fulfil its obligations under the stipulation and order by failing to take the Property to sale. -2- NEW MATTER 11. The responses to paragraphs one through ten are incorporated herein by reference. 12. Upon the plaintiffs fulfilment of its obligations under the stipulation and order to take the Property to sale, defendants would withdraw the answer and counterclaim. 13. Plaintiff has violated the terms of the stipulation and order by its failure and admitted refusal to take the Property to sale. 14. Defendants' counsel has repeatedly requested compliance with the stipulation and order from plaintiff. 15. Plaintiff has repeatedly refused to comply with the same. 16. Defendants request that plaintiff be held in contempt for failure to comply with the Order. 17. Defendants request attorneys' fees to compensate defendants for plaintiffs failure to comply with the Order. 18. Defendants also request payment of all charges incurred by defendants for maintenance of the property and payment of bills from June 25 , 2012 to date. WHEREFORE, defendants respectfully request the following relief: That plaintiffs be ordered to take the Property to sheriff sale within 90 days of the date of this Court's order; That plaintiffs be held in contempt of the Order of Court dated June 25, 2012; That defendants be awarded attorneys' fees expended in their efforts to enforce the June 25, 2012 Order together with costs incurred by defendants for property expenses since June 25, 2012; Other relief as this Court deems appropriate. April 18, 2014 - 3 - Wi liam L. Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 Phone: 717- 652 -8989 Fax: 717 - 307 -3343 Supreme Court ID: 39844 bal@billadlerlaw.com CERTIFICATE OF SERVICE I, William L. Adler, Esquire, Attorney for Defendant, hereby certify on April 18, 2014, I served a copy of the within Pleading upon the following person by first class mail, postage prepaid, addressed as follows: Brett L. Messinger Duane Morris, LLP 30 S. 17th St. Philadelphia, PA 19103 William L. Adler, Esquire ;P'1 .9 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, 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 V. GARY SHIMMEL, A/K/A GARY L. SHIMMEL, PEGGY SHIMMEL, A/K/A PEGGY K. SHIMMEL, A/K/A MARGARET K. SHIMMEL, DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2010-07272, CIVIL TERM • COMPLAINT IN MORTGAGE FORECLOSURE Ca L ORDER .�A AND NOW, this /G day of /VA y , 2014, it is hereby ordered that the Reply with New Matter of defendants filed to docket number 09-7301 is hereby transferred to docket 2010-07272 and that the motion to make rule dismissed. Arthur Ar hur Armstrong trona m Duane Morris, LLP 30 S. 17th St. Philadelphia, PA 19103 dler, William L. 4949 Devonshire Road Harrisburg, PA 17109 CoP -1- d by plaintiff is hereby J 3 DUANE MORRIS LLP By: Brett L. Messinger Kassia Fialkoff I.D. No. 63020/310530 30 South 17th Street Philadelphia, PA 19103 215.979.1508 / 1112 215.979.1020 fax blmessinger@duanemorris.com kfialkoff@duanemorris.com L -.ED -OF F iC,.. EMC MORTGAGE CORPORATION, Plaintiffs, vs. GARY SHIMMEL, A/K/A GARY L. SHIMMEL, PEGGY SHIMMEL, A/K/A PEGGY K. SHIMMEL, A/K/A MARGARET K. SHIMMEL, To the Prothonotary: Defendants. 3. tj cAtTineys for EMC Mortgage LLC, formerly Sy +, =knwn 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.: 2010-07272, CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Issue writ of execution in the above matter: Amount Due Interest from February 29, 2012 to March 4, 2015 at S22.07 per diem TOTAL DUE Plus costs as endorsed $11.9,548.93 $22,254.93 $141,803.86 Attach hereto is a description of the Property located at 6611 Carlisle Pike, Mechanicsburg, PA 17050 Dated: s a.so Pd 3 . vv C13F • D DUANE MORRIS LLP foi b.) '1 a C;v..-t4')Li RD P 0/'&. 2 Brett L. Messinger Kassia Fialkoff PA Attorney ID No. 63020/310530 Attorneys for Plaintiff 30 South 17th Street Philadelphia, PA 19103-4196 (215) 979-1503 DUANE MORRIS LLP By: Brett L. Messinger Kassia Fialkoff I.D. No. 63020/310530 30 South 17th Street Philadelphia, PA 19103 215.979.1508 / 1112 215.979.1020 fax blmessinger@duanemorris.com kfialkoff@duanemorris.com -r-,:r; 7 n, A/tar eys for EMC Mortgage LLC, , formerly fl , Ino as EMC Mortgage Corporation, C r, 1 u ney-In-Fact For Bank of America, N.A., Trustee of AFC Mortgage Loan Asset - Backed Notes, Series 1993-3, Without Recourse EMC MORTGAGE CORPORATION, Plaintiffs, vs. GARY SHIMMEL, A/K/A GARY L. SHIMMEL, PEGGY SHIMMEL, A/K/A PEGGY K. SHIMMEL, A/K/A MARGARET K. SHIMMEL, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION § NO.: 2010-07272, CIVIL TERM AFFIDAVIT OF SERVICE OF SHERIFF'S SALE NOTICE PURSUANT TO Pa.R.C.P. 3129.1 Kassia Fialkoff, an associate of Duane Morris LLP, attorneys for Plaintiff in the above - captioned action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property/properties located at 6611 Carlisle Pike, Mechanicsburg, Pennsylvania 17050 as more fully described in the property description(s) attached hereto and made a part hereof: Name and address of Owner(s) or Reputed Owner(s): Name Gary Shimmel a/lc/a Gary L. Shimmel Address (If address cannot be reasonably ascertained, please so indicate.) c/o William L. Adler, Esq. The Law Office of William L. Adler 4949 Devonshire Road Harrisburg, PA 17109 Peggy K. Shimmel a/k/a Margaret c/o William L. Adler, Esq. K. Shimmel Name The Law Office of William L. Adler 4949 Devonshire Road Harrisburg, PA 17109 2. Name and address of defendants in the judgment: Gary Shimmel a/k/a Gary L. Shimmel Peggy K. Shimmel a/k/a Margaret K. Shimmel The United States of America Address (If address cannot be reasonably ascertained, please so indicate.) c/o William L. Adler, Esq. The Law Office of William L. Adler 4949 Devonshire Road Harrisburg, PA 17109 c/o William L. Adler, Esq. The Law Office of William L. Adler 4949 Devonshire Road Harrisburg, PA 17109 Harrisburg Federal Building & Courthouse 228 Walnut Street, Suite 220 Harrisburg, PA 17108 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property/properties to be sold: Name Bureau of Compliance Address (If address cannot be reasonably ascertained, please so indicate.) Department 280948 Harrisburg, PA 17128 U.S. Treasury Department Creditors' Pittsburgh Office, Room 808 1000 Liberty Ave Pittsburgh, PA 15222 Domestic Relations Local 520 UA Federal Credit Union PO BOX 320 Carlisle, PA 17013 c/o Robert D. Kodak, Esq. PO BOC 11848 Harrisburg, PA 17108 4. Name and address of the last recorded holder of every mortgage of record: Name Address (If address cannot be reasonably ascertained, please so indicate.) 2 5. Name and address of every other person who has any record lien on the property/properties and whose interest may be affected by the sale: Name Address (If address cannot be reasonably ascertained, please so indicate.) 6. Name and address of every other person who has any record interest in the property/properties and whose interest may be affected by the sale: Name Address (If address cannot be reasonably ascertained, please so indicate.) 7. Name and address of every other person of whom the plaintiff has knowledge ,who has any interest in the property/properties which may be affected by the sale (i.e. Tenants): Name Address (If address cannot be reasonably ascertained, please so indicate.) US Attorney General's Office (US 950 Pennsylvania Avenue NW DOJ) Washington, DC 20530 Tenants/Occupants 6611 Carlisle Pike Mechanicsburg, PA 17050 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: \ 05- DUANE MORRIS LLP 3 y: ' assia Fialkoff PA Attorney ID No. 63020 Attorneys for Plaintiff DUANE MORRIS LLP By: Brett L. Messinger Kassia Fialkoff I.D. No. 63020/310530 30 South 17`x' Street Philadelphia, PA 19103 215.979.1508 / 1112 215.979.1020 fax blmessinger@duanemorris.com kfialkoff@duanemorris.com EMC MORTGAGE CORPORATION, Plaintiffs, vs. GARY SHIMMEL, A/K/A GARY L. SHIMMEL, PEGGY SHIMMEL, A/K/A PEGGY K. SHIMMEL, A/K/A MARGARET K. 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.: 2010-07272, CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO Pa.R.C.P. 3129.2 ALL PARTIES IN INTEREST AND CLAIMANTS GARY AND PEGGY SHIMMEL EMC MORTGAGE CORPORATION GARY AND PEGGY SHIMMEL PROPERTY TO BE SOLD: 6611 Carlisle Pike, Mechanicsburg, PA 17050 Pin No.: 38-18-1332-042 $119,548.93 CUMBERLAND 2010-07272 TO: OWNER(S): PLAINTIFF/SELLER: DEFENDANT(S): JUDGMENT AMOUNT: COUNTY: DOCKET NO.: The above captioned property is scheduled to be sold at Sheriff's Sale on March 4, 2015 at 9:OOAM in Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. You may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interest. THE PROPERTY TO BE SOLD is described in detail in a metes and bounds description attached hereto. A SCHEDULE OF DISTRIBUTION will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed hereto within ten (10) days after the filing of the schedule. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Dated: Cumberland County Bar Association 32 S Bedford Street, Carlisle, PA 17013 717-249-3166 DUANE MORRIS LLP 2 By: Kassia Fialkoff PA Attorney ID No. 310530 Attorneys for Plaintiff DUANE MORRIS LLP By: Brett L. Messinger Kassia Fialkoff LD. No, 63020/310530 30 South 17th Street Philadelphia, PA 19103 215.979.1508 / 1112 215.979.1020 fax blmessinger@duanemorris.com kfialkoff@duanemorris.com Attorneys for Plaintiff Qo EMC MORTGAGE CORPORATION, § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiffs, CIVIL DIVISION vs. § NO.: 2010-07272, CIVIL TERM GARY SHIMMEL, A/K/A GARY L. § SHIMMEL, PEGGY SHIMMEL, A/K/A PEGGY K. SHIMMEL, A/K/A MARGARET K. SHIMMEL, Defendants. WAIVER OF WATCHMAN Any Deputy Sheriff levying upon or attaching any property under the within Writ of Execution may leave same without a watchman, in custody of whoever is found in possession (after notifying such person of such levy or attachment, without liability on the part of such Deputy or the Sheriff to any Plaintiff herein for any loss, destruction or removal of any such property before Sheriff's Sale thereof. Dated: DUANE MORRJS LLP Kassia Fialkoff PA Attorney ID No. 310530 Attorneys for Plaintiff THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net EMC MORTGAGE CORPORATION Vs. NO 2010-7272 Civil Term CIVIL ACTION — LAW GARY SHIMMEL, A/K/A GARY L. SHIMMEL, PEGGY SHIMMEL, A/KJA PEGGY K. SHIMMEL, A/K/A MARGARET K. SHIMMEL WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $119,548.93 Interest FROM FEBRUARY 29, 2012 TO MARCH 4, 2015 AT $22.07 PER DIEM - $22,254.93 Atty's Comm: Atty Paid: $1,076.24 Plaintiff Paid: Date: 11/7/2014 Due Prothy: $2.25 Other Costs: 2.e.sce AO David D. Buell, Prothonotary (Seal) By: REQUESTING PARTY: Name: KASSIA FIALKOFF, ESQUIRE Address: DUANE MORRIS LLP 30 SOUTH 17TH STREET PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-979-1508 Supreme Court ID No. 310530