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HomeMy WebLinkAbout14-5102 Supreme Court ofPennsylvania Court of Comtnori Pleas For Protlwnotwy Use Only: Chit Cover Sheet Docket No: Cumberland C4llllty The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and set-vice ofpleadings or other papers as requited by law or rules of court. Coinmencement of Action: S El Complaint 0 Writ of Summons Petition E Transfer f-om Another Jurisdiction Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: The Bank of New York Mellon,et al Cathy E. Emerick and John R: Emerick Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? 0 Yes El No (check one) [3outside arbitration limits O N Is this a Class Action Suit? El Yes [M No Is this an MDJAppear 0 Yes 91 No A Name of Plaintiff/Appellant's Attorney: Thomas M. Federman 0 Check, here if you have no attorney (are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an"X" to the left of the ONE case category that most accurately describes your PRf 4R Y CASE. If you are making more than one type of claim,check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include.Iudgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution Debt Collection: Credit Card 0 Board of Assessment Motor Vehicle Debt Collection: Other 0 Board of Elections Nuisance Dept. of Transportation S Q Premises Liability Statutory Appeal: Other 0 Product Liability(does not include E mass tort) 0 Employment Dispute: [3 SlanderlLibel/Defamation Discrimination C 0 Other: ©Employment Dispute: Other honing Board T Q Other: I -- Other: o MASS TORT E] Asbestos N Tobacco } Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other; 0 Ejectment 13 Common Law/Statutory Arbitxatiai B E:]Eminent Domain/Condemnation (3 Declaratory Judgment Q Ground Rent Mandamus El Landlord/Tenant Dispute Non-Domestic Relations R1 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Q Mortgage Foreclosure: Commercial Quo Warranto Dental Q Partition Replevin Legal 0 Quiet Title Other: Medical 0 Other: E] Other Professional: - 4 FEDERMAN&ASSOCIATES, LLC By: Thomas M. Federman,Esq., ID No. 64068 By: Danielle Boyle-Ebersole,Esq., ID No. 81747 ATTORNEY FOR PLAINTIFF By: Paul J. Fanelli, Esq., ID No. 313157 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 THE BANK OF NEW YORK MELLON FKA THE COURT OF COMMON PLEAS BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC CIVIL DIVISION ASSET-BACKED CERTIFICATES, SERIES 2007-8 C/O SPECIALIZED LOAN SERVICING LLC 8742 LUCENT BOULEVARD SUITE 300 NO. HIGHLANDS RANCH, CO 80129-2386 Plaintiff V. John R. Emerick CUMBERLAND COUNTY 104 Elk Drive Carlisle, PA 17015 , ;. c-. _ Cathy E. Emerick 104 Elk Drive r— 1 Carlisle, PA 17015 c; � ; Defendant(s) � c � CIVIL ACTION-LAWSs COMPLAINT IN MORTGAGE FORECLOSURE s�74, 13-00779-1 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 defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT 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 13-00779-1 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED,THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OFA LIEN AGAINST REAL ESTATE. IF THIS IS THE FIRST NOTICE YOU HAVE RECEIVED FROM THIS OFFICE,BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1692 et seq.(1977),DEFENDANT(S)MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S)DO SO IN WRITING WITHIN THIRTY(30)DAYS OF RECEIPT OF THIS PLEADING,COUNSEL FOR PLANTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S)WITH WRITTEN VERIFICATION THEREOF; OTHERWISE,THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE,IF REQUESTED WITHIN THIRTY(30)DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLANTIFF WILL SEND DEFENDANT(S)THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR,IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30)DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20)DAYS,YOU MAY OBTAIN AN EXTENTION OF THAT TIME. FURTHERMORE,NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THE THIRTY(30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER,IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY(30)DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT,THE LAW REQUIRES US TO CEASE OUR EFFORTS(THROUGH LITIGATION OR OTHERWISE)TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU.YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE,THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 13-00779-1 J AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEENDERSE CONTRA LAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES,ES ABSOLUTAMENTE NECESARIO QUE USTED RESPONDA DENTRO DE VEINTE(20) DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA YAVISO. HACE FALTAASENTAR UNA COMPARENCIA ESCRITA O EN PERSONA O CON UN ABOGADO Y ENREGAR A LA CORTE EN FORME ESCRITA SUS DEFENDAS O SUS OBJECIONES A LAS DEMANDAS ON CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, SUYA SIN PREVIO AVISO O NOTIFICATION.ADEMAS, LA CORTA PUEDE DECIDIR A FAVOR DEL DEMANDANTE Y REQUIERE QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES Y OTROS DERECHOS WPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAY A EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARAAVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 13-00779-1 1. Plaintiff is: THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC ASSET-BACKED CERTIFICATES, SERIES 2007-8 C/O SPECIALIZED LOAN SERVICING LLC 8742 LUCENT BOULEVARD SUITE 300 HIGHLANDS RANCH, CO 80129-2386 2. The name(s)and last known address(es) of the Defendants are: John R. Emerick 104 Elk Drive Carlisle, PA 17015 Cathy E. Emerick 104 Elk Drive Carlisle, PA 17015 who is/are the mortgagor(s)and/or real owner(s) of the Property hereinafter described. 3. On or about 02/27/2007, mortgagors made, executed and delivered a Mortgage upon the Property hereinafter described to Mortgage Electronic Registration Systems, Inc., acting as sole nominee for Freedom Mortgage Corporation, which Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Book 1985,Page 1642 (the "Mortgage"). The Mortgage was last assigned to Plaintiff by Assignment of Mortgage, which was recorded on 10/24/2011 as Document#201129369. The Mortgage and Assignment(s), if any, are matters of public record and incorporated herein by reference, in accordance with Pa.R.C.P. 1019(g), which Rule relieves Plaintiff from the obligation to attach to pleadings any document that is of public record. 4. Plaintiff, directly or through an agent, has possession of the Promissory Note. Plaintiff is either the original payee of the Promissory Note or the Promissory Note has been duly endorsed. A true and correct copy of the Promissory Note is attached hereto as Exhibit"A." 13-00779-1 A 5. The Property subject to the Mortgage is more fully described in the legal description attached hereto as Exhibit`B" (the "Property"). 6. The Mortgage is in default because payments of principal and interest are due and unpaid for 06/01/2011 and each payment thereafter. By the terms of the Mortgage, upon failure of Mortgagor(s)to make such payments after a date specified in written notice sent to Mortgagor(s), the entire principal balance and interest due and other charges due thereon are collectible forthwith. 7. The following amounts are due to Plaintiff on the Mortgage: Principal Balance $145,888.28 Interest accrued at a variable rate $30,817.38 05/01/201.1 to 06/13/2014 Property Inspection $256.60 Property Preservation $4,082.00 Cumulative Late Charges $1,699.60 Escrow Advance $9,982.30 TOTAL $192,726.16 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiffs attorneys'fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 8. This is an in rem action only against the Property. Plaintiff does not seek a judgment of personal liability (or an in personam judgment) against Defendant(s) in the Action. Plaintiff, however, does reserve the right to bring a separate action to establish that right, if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish the 13-00779-1 r personal liability discharged in bankruptcy, but is intended only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania Law. 9. The Plaintiff has been confirmed to be the real party in interest and has the right to foreclose on the Property. 10. Notice of Intention to Foreclose as set forth in Act 6 of 1974 ("Act 6"),Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 1998 ("Act 91"), and/or Notice of Default as required by the Mortgage document, as applicable, have been sent by regular and certified mail to the Defendant(s)on the date(s) set forth in the true and correct copies attached hereto as Exhibit"C." The temporary stay as provided by said notice is no longer in effect because the applicable time period therein has expired and/or Defendant(s)has/have failed to have the required face-to-face meeting within the required time with the Plaintiff or an authorized consumer credit counseling agency; or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE,PLANTIFF demands an in rem judgment in mortgage foreclosure in the sum of $192,726.16,together with interest from 06/14/2014 at the adjustable rate in effect from time to time to the date of Judgment, and other costs and charges incurred by Plaintiff that are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. FEDERMAN &ASSOCIATES,LLC Date: Z l / By: ,[G]1 omas M. Federman,Esq., ID No. 64068 ❑ Danielle Boyle-Ebersole,Esq., ID No. 81747 ❑ Paul J. Fanelli,Esq.,ID No. 313157 Counsel for Plaintiff 13-00779-1 EXHIBIT �' '• t`� r' P r t I MIN: 100073020061783401 Loan Number. 900440070193314 ADJUSTABLE RATE (VOTE (LIBOR Six-Month Index (As Posted By Fannie Mae) - Rate Caps) T141S NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN My INTEREST RATE ,AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT My INTEREST RATE CAN CHANGE AT ANy ONE TIME ANb THE ] }{ U RATE I MUST PAY. FEBRUARY 27, 2007 [Datel MOUNT LAUREL [CNEW JERSEY (State] 6322 FORREST DRIVE, MECHANICSBURG, PENNSYLVANIA 17050 [P-peny Address] i• BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 15 3,0 0 0.0 0 called "Principal"), plus interest, to the order of Lender. Lender is FREE DOM MORTGAGE amount is CORPORATION I will make all payments under this Note in the form of cash,check or money order. I understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. will pay interest at a yearly rate of 7.2 5 0 %. The interest rate I will pay may change in accordance with Section i of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A.) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the 1St day of each month b on 2007 . I will make these payments every month until I have paid all of the principal anint APRIL t and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal- If, on MARCH 1, 2 0 3 7 fl amounts under this Note,I will pay those amounts in full on that date,which is called the "Maturity DateI still otme I will make zxty monthly payfnents at PO BOX 8068, VIRGINA BEACH, VIRGINIA 23450 (B) Amount of My Initial Monthly Payments or at a different place if required by the Note Holder. Each of my initial monthly payments will be in the amount of U.S. $ 1, 0 4 3. 7 3 may change. This amount (C)' Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay, -The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. MULTISTATE AD' USTABLE RATE NOTE--LIBOR SIX-MONTH INDEX (AS POSTED BY FANNIE MAE)--Si le Family Form 3518 1/01 Fannie Mae M001FIED INSTRUMENT Page 1 Of 5 Docftgk WO-64&7382 www.docmagic-Com 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I willpay may change on the 1st= day of MARCH, 2010 fter. that day every 6th month thereaEach date on which my inteand on Date." rest tate could change is called a "Change (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index"is the average Of interbank offered rates for six month U.S.dollar-denominated deposits in the I ondon market based on quotations transmission major banks, b pasted by Fannie Mae through electronic transmission or by telephone or both through electronic transmission and by telephone. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available,or is no longer posted either through electronic transmission or by telephone, the Note Holder will choose anew index that is based upon comparable irn£ormation. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding S IX AND 250/1000 PercentageDmfs % to the Current Index. e N Holder will then round the result of this addition t the near t one-eighth of on percen gPe int(0.25%). Subject e to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date_ The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full On the Maturity Date at my new interest rate in substantially equal payments The result of this calculation will be the new amount of m monthly (D) Limits on Interest Rate Changes y y payment. The interest rate I ant required to pay at the forst Change Date will not be greater than 10.250 %or less than 6.2 5 0 %. Thereafter,my interest rate will never be increased or decreased on any single Change Date by more than .ONE ,AND 0 0 0/10 0 0 from the rate of interest I have been Paying for the preceding 61. 00 than 13.250 %, months. lVXy�terestisr)a a will never be greater) (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly changes again. payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment (F) Notice of Changes The Note Holder will deliver or snail to me a notice of any changes in my Interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the telephone number of a person who will answer any question I may have regarding the novice. 5. BORROWER'S RIGHT TO PREPAY ** See attached pre I have the rI t to make a payment Ngte Addend.mt. p yments of Principal at any time before they are due. A payment of principal only is known as a "Prepayment.,, When I make a Prepayment,I Will tell the Note Holder in writing I may not designate a payment as a Prepayment if I have not made all the w thl a that I am doing so. I may make a full Prepayment or partial Prepayments without a y p yments due under this Note. Will use m Prepayments paying any Prepayment charge. The Note Holder Y P yments to reduce the amount of Principal that I owe under this Note. However, the Note Holder MAY apply my Prepayment to the accrued and unpaid interest on the Prepayment N k amount before applying nn Prepayment to reduce the principal amount of this Note. If I make a ardal Prepayment, y in the due dates of my monthly payments unless the Note Holder a p F 3''rienk, there will be no changes Prepayment may reduce the amount of m monthly fees in writing to those changes. My partial y y Payments after the first Change Date following my partial Prepayment_ However, any reduction due to my partial prepayment may be offset by an interest rate increase. MULi ISIATE AUJUSTAgLE RATE NOTE--LIBOR 5iX•MONTH INDEX (AS POSTED BY FANNIE MAE)-SingPage z of 5 le Family L,e��. Form 3518 1101 Fannie Mae MODIFIED w5TRUMENT DocMagk IRM649-7362 wWVv.docmag,c.cOnt 6. LOAN CHARGES if a law, which applies to this loan and which sets maximum loan interest or other loan charges collected or to be collected in connection with this loan finally Interpreted e tpermitted then: (a)any such teaoan charge shall be reduced by the amount necessary to reduce tole charge to the permitted limit; and(b}any sums already collected frozrr me that exceeded Permitted limits will be refunded to me. The Note Holder MAY choose to make this refund by reducing the Principal I owe under'tNote or by m aking a direct payment to me. If a refund reduces Principal, the his reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any moratirl calendar days after the date it is due,I will pay a late charge to the Note Holder, h the end of 15 .0 0 0 %of my overdue payment of principal and interest. I will a The amount of the charge will be once(B each late payment. pay this late charge promptly but only (B) Default If I do not pay the full amount of each monthly payment on the date it is dae, I will be in default_ (C) Notice of Default If I am in default, the Note Holder may send tyre a written notice telling me that if I do not pay the overdue amount by a certain date, the Nate bolder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that I owe ort that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other paeans_ (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing applicable law. Those expenses include,for example, this Note to the extent not prohibited by P reasonable attorneys`fees. B. 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,)rail to me at the Property Address above or at a different ad if I give the Note Holden a notice of my different address, dress Unless the Note Holder requires a different method,any notice that must be given to the Note Holder under this Note Will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if am given a notice of that different address, 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person sigas 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 endorser of this Note is also obligated to do these things. An guarantor, surety or the obligations of a g Y Person who takes over these obligations, guarantor,surety or endorser of this Note,is also obligated to keep 0 of the promises made i this Note. The Note Holder may enforce its rights under this,Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note, 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment"means the right to require the Note Holder to demand Payment of amounts due. "Notice of Dishonor" means the right to re4uke the Note Holder.to give notice to other persons that amounts due have not been paid. 11AULT1$TA rE AUJUSTABLE RATE NOTE--LIBOR S1X-MQN7N INDEX (AS POSTED BY FANNIE MAE)__Single Family Form 3518 1/01 Fannie Mae MODIFIED INSTRUMENT Page 3 of 5 800-649-1362 www.docmagic.com 11. 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 SecurityDeed the "Se dated the same date as this Note,protects the Note Holder from possible lasses at might result £ao p tie promises that I make in this No;e. That Security Instrument describes how and under what conditions I may he required to make immediate Payment in full of all amounts I owe under Wows: this Nate, Some of those conditions read as Transfer of the,Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the property"means any legal or beneficial interest in the Property,including,but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purger. If all or any part of the Property or any Interest in the property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)yvithoa der's prior Len written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if; (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee;and (b)Lender reasonably determines that Lender's security will mot be impaired III the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must y all sums secured by Ins"Ment. If Borrower fails to pay these sums prior to the expiration of this period,Lender in oke any remedies permitted by this Security Instrument without£nether notice or demand on Borrower. III I TSTA It ADJUSTABLE RATE NOTE••LlBOR 51X-MQNTH fNDEX AS POSTED BY FANNIE MAE)••Sin le Family Form 3518'I/o1 annie Mae MODIFIED INSTRUMENT Page 4 of 5 Doo"k4I 500-649.1362 www.docmagic.com " NESS THE HAND(S) AND SEALS) OF THE UNDERSIGNED- JOHN R. EMERTCK -B (tel) (seal) -Borrower (Seal) {Seal) -Borrower -Borrower (Seal) -Borrower (Seal) -Borrower [Sign Origjuw Only] MULTISTATE ADJUSTABLE RATE NATE--LIBOR SIX-MONTH INDEX (AS POSTED BY FANNIE MAF)--Single Family Fort 351a 1/01 Fannie Mae MODIFIED INSTRUMENT page 5 of 5 DocWagActV wM= 600-649.1362 www.docma ..AEC—,Com PREPAYMENT ADDENDUM TO NOTE Loan Number: 900440070193314 Date: FEBRUARY 27, 2007 Borrower(s): JOHN R. EMERICK "IDIS PREPAYMENT ADDENDUM TO NOTE (the"Addendum")is made this 27th day of FEBRUARY, 2007 , and is incorporated into and shall be deemed to amend and supplement that certain promissory note (the "Note") made by the undersigned (13orrower")in favor of FREEDOM MORTGAGE CORPORATION ("Lender") and dated the sande date as this Addendum. Repayrrrent of the Note is secured by a Mortgage. Deed of Trust, or Security Deed (the "Security Instrument")given by Borrower in favor of Lender and dated the sande date as this Addendum. To the extent that the provisions of this Addendum are inconsistent with the provisions of the Note, the provisions of this Addendum shall supersede the inconsistent provisions of the Note. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Note, Borrower and Lender further covenant and agree as follows: Section 5 of the Note is amended to read in its entirety as follows: 5 . BORROWER'S RIGHT TO PREPAY; PREPAYMENT CHARGE I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under the Note. However,the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount,before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will he no changes in the due dates of my monthly payment unless the Note Holder agrees in writing to those changes. If the Note contains provisions for a variable interest rate, my partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. If this Note provides for a variable interest rate or finance charge, and the interest rate or finance charge at any time exceeds the legal limit under which a Prepayment penalty is allowed, then the Note Holder's.right to assess a Prepayment penalty will be determined under applicable law. If within THIRTY—SIX(, 36 ) months from the date the Security Instrument is executed I make a full Prepayment or one or more partial Prepayments, and the total of all such Prepayments in any 12-month period exceeds twenty percent(20%)of the original Principal amount of the loan, I will pay a Prepayment charge in an amount equal to SIX ( 6 ) months'advance interest on the amount by which the total of my Prepayments within any 12-month period exceeds twenty percent (20%) of the original Principal amount of the loan. MULTISTATE PREPAYMENT ADDENDUM TO NOTE DoclVJagJc 800649•1362 6/D3 Page 1 of 2 wWW.docma i ,C0M BY SIGNING BELOW, Borrowez accepts and agrees to the terms and provisions contained in this Addendum. mower JOHN R. EMERI Date Borrower Date Borrower bate Borrower Date Borrower Date Borrower Date MULTISTATE PREPAYMENT ADDENDUM TO NOTE 6103 Page 2 of 2 lCHaas;F,Com _ter. 4 FREEDOM MORTGAGE CORPORATION 907 PLEASANT VALLEY AVENUE MOUNT LAUREL,NJ 08054 800 220 3333 t NOTE ALLONGE PLEASE ATTACH THIS NOTE ALLONGE AS AN ORIGINAL NOTE ENDORSEMENT FOR THE FOLLOWING LOAN BORROWER.(S)NAME: ADDRESS: � �a�� ,�• 1J�� . CJ LOAN AMOUNT: NOTE DATE PAY WITHOUT RECOURSE TO THE ORDER OF DANIEL HEFFERON, SECRETARY, FREEDOM MORTGAGE CORPORATION D/B/A JEFFERSON HOME MORTGAGE AND LOAN E Y PAY TO THE ORDER OF PAY TO THE ORDER OF COUNMWDE HOML LOANS,INC WMIOUT RECOURSE WtiHOUT RECOURSE COUNTRYWIPE BANK FSB COLIMMIDE HOME LOANS,INC gY J 'b' P1L of duc, LAURIE MroejMLCHELE SJOLANDER 3ENm V[cE PRmDW 0lECUTIYE VICE PRESIDENT EXHIBIT «B „ 07--23-'12 13:03 FROM-Premier Abstracts 7175454106 T-602 P0031/0042 F--150 LEGAL DESCRipTION ALL THAT CERTAIN lot of ground situated in the Townehip of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows,to wit: BEGINNING at a point on the Southem side of Forrest Drive(50 feet wide)at the dividing line between Lots Nos. 44 and 45 as shown on the hereinafter mentioned Plan of Lots;thence along said dividing lino betvi�en Lots Nos. 44 and 45 South forty-six(46)degrees forty-Sive(45)minutes East, a distance of one hundred seventy-five and four hundredths(175.04) (evroneously shown as 174.04 in prior deed) feet to a point on the dividing line between Lots 44 and 41; thence along the dividing one between Lots 44 and 41, North forty-three (43) degrees fifteen (15) minutes East, a distance of ninety-five (erroneously describe as fere feet in prior deed) (95)feet to a point at the corner of Lot No. 43; thence along the cMding line between Nes. 44 and 43, North forty-six (46) degreft forly-five (45) minutes West, a distance of one hundred seventy-five and four hundredths (175.04) feet to a point on the Southern side of Forrest Drive aforesaid; thence along the Southern side of said Forrest Drive, South forty-three(43) degnma fifteen (15) minutes West, a distance of ninety-five (95) feet to a point on the same at the dividing tine between Lots Nos.44 and 45,the point and place of BEGINNING. BEING Lot 44 on the Plan of Lots as laid out by W G. Rediel, registered surveyor,on August 15, 1964, entitled'Plan No. 4 Forrest Acres', said Plan being recorded In the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania In Plan Book 16,Page 2. BEING THE SANTE PREMISES which JAMES T. MOREY AND PATRICIA ANN MOREY, his wife by indenture bearing the date of July 17, 1998 and recanted In the Office of•the Recorder of Deeds,in and for the County of Cumberland, STATE OF PENNSYLVANIA-on July 21, 1998 in Book 181 Page 854 granted and conveyed unto JEFFREY A. MOREY. BEING THE SAME PREMISES which JEFFREY A. MOREY AND LAURA L, MOREY by Indenture bearing the date of January 19, 2006 and ►worded In the OffiCe of the Recorder of Deeds, in and for the County of Cumberland, STATE OF PENNSYLVANIA on January 26,2006 in Book 272 Page 4557 granted and conveyed their interest unto JOHN R. EMERICK and CATHY E. EMERICK,husband and wife,theirs Heirs and Assigns in Fee. Parcel No. 10-21-0285424$ Scha4uia A-Po"2 Cotixnh meM No.EC4M This canmkment la tr 4W unlace tta tMbcmatfon Shoe!and Schaduks A and B am ett dW W•1 .985PG 166 -- - EXHIBIT «C „ Date:November 14,2013 ACT 91 NOTICE F E ACTION TO SAVE yOUR 01 nOME FROM FORECLOSURE This is an official notice that the mortoa a on our home is in defaul and the lender intends tforeclose. o S eciftc information about the nature of the default is rovided in the attached a e o The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM s. our home.This Notice e_ lams how the ro-ram works. To see if HEMAp an hel LP) may be able to help to ou must MEETe WITH A CONSUMER CREDIT COUNSELINGAGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with-, au when You meet with the Counselin A encu The name address and hone number of Consumer Credit Counselin A encies servin Your Coun are lisfied at the end of this Notice. If you have an uestions You may call the nPenns lvHousing Finace Agency toll free at: 1-800-342-2397. Persania Hons with im aired hearin can call 71 ous 69 . This Notice contains important legal information.If you have any questions,representatives at the Consumer Credit Counseling Agency may be able to help explain it.You may also want to contact an attorney in your area.The local bar association may be able to help you find a lawyer. LA NOTIFI C ACION EN ADJUN T0 ES DE SU1L-i LIIPORTAN1.CL�1,PLjES AFECT A SII DERECHO +�0=�-T'L�iIIAR Z7IZUyDO EV SLT CASA. SI NO CO��IPRE�,'DE EL CO�TTENIDO DE ESTA NOTIFICAC16- OBTENGA U`�TA TR�DT; A.GENCL� CCION L111EDI�T�iIIETTE LLAL4v t-DO STA (PE-=�SZZ'� TI.� HOU SL\�G FLT ANCE AGENCY) SEN CARGOS AL ARRIBA -I13IERO l NCIO�tADO _ USTED PL�DES SER ELEGIBLE P_4RA U-T PRESTA_IO POR EL PROGRAIXLA LLAlLADO "HOlfE01KNER'S E-XIERGENCY MORTGAGE ASSISTANCE "EL CURL PUDE S�I.�%ARSIT CAS DE LA PERDIDA DEL DERECHO A REDLZ,IIR PROGRAM SU E POTE CA. THIS COMPANY IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED,THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE I CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT BU LIEN AGAINST REAL ESTATE. T ONLY ENFORCEMENT OFA Attention Servicemembers and Dependents:The federal Servicemembers Civil Relief Act and certain state laws provide important protections for you,including prohibiting foreclosure under most circumstances during and twelve months after the servicemember's military or other service. Specialized Loan Servicing LLC will not foreclose on the property of a servicemember or his or her dependent during that time,unlessursuant either to a court order or servicemember's written waiver agreement. p 13-00779-1 HOMEOWNER'S NAME(S): John R. Emerick, Cathy E. Emerick PROPERTY ADDRESS; 6322 Forrest Drive LOAN ACCT NO: Mechanicsburg,PA 17050 1005690225 ORIGINAL LENDER: Mortgage Electronic Registration Systems,Inc., as Nominee for Freedom Mortgage Corporation CURRENT LENDER/SERVICER: The Bank of New York Mellon FKA The Bank of New York, as Trustee for the certificateholders of the CWABS, Inc ASSET BACKED CERTIFICATES, SERIES 2007-8 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR ROME FROM FORECLOSURE ANI} HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"),YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING TO PAY YOUR MORTGAGE PAYMENTS,AND E • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- foreclosure on your mortgage for thirty(3Q) days from n the date of der the this Nott e (Plus e entitleth>three 3 tem or During that time you must arrange and attend a "face-to-face" meeting with one o p stay of ( ) days for mailing), counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIR f the consumer credit TYL THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE pART FTS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TOF F THIS YOUR MORTGAGE UP TO DATE. BRING CONSUMER CREDIT COUNSELING AGENCIES counseling agency listed at the end of this notice, the lender may NOT take action ag nsteYou forthirty-- If You meet with one ofmer credit days after the date of this meeting.The names, addresses and telephone numbers of designated cons edit 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. is APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default,)you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Pro so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Prom &�. TO do t one of the designated consumer credit counseling agencies listed at the end of this Notice Only credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND" FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING,, THEN THE LENDER WILL BE TEMPORARILY PREVENTED IN O HESTARTINGT ON CALLED LOTEMPORARYAGAINST STAY OF PROPERTY, AS EXPLAINED ABOVE FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS.A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION,BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE,THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION--Available funds for emergency mortgage-assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act.The Pennsylvania Housing Finance Agency has sixty(60)days to make a decision after it receives your application.During that time,no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above.You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Brim it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 6322 Forrest Drive,Mechanicsburg,PA 17050 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are past due: Monthly payments from 06/01/2011 thru 11/13/2013 $$9,354.06 Late Charges Due .95 85 Property Inspection(s) $$$,192192.29 Escrow Advance TOTAL"O UNT FAST D UE: $49,209.15 HOW TO CURE THE DEFAULT --You may cure the default within THIRTY(30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 49,209.15 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check. certified check or money order made payable and sent to: 13-00779-1 _ Name of Servicer: Specialized Loan Servicing LLC Attn: Servicing Department Address: 8742 Lucent Boulevard Suite 300 Highlands Ranch, CO 80129-2386 30 DAYS of the LF YOU DO NOT CURE THE DEFAULTe�c f you se its do not cure the hts to accelerate the within r THIRTY t•This means that date of this Notice,the lender intends to ea the entire outstanding balance of this debt will be 1 considereddueiimmadiaatreelyy anuntpast due you may not made within lose the chance to pay the mortgage in monthly installments. If fu payment o f the THIRTY(30)DAYS,the lender also intends to instruct its attorneys to start legal action to foreclose upon your mor La, property. IF THE MORTGAGE 1 ; FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to fo pay off the mortgage debt. If the lender refers your case aired to pay the reasonableinqu attorney'ncys fees that . lender begins legal proceedings against you,you till be required q were actually incurred,up to $50.00.However,if lu, you will have to pay egal lender evengf they es are xceed$50.00. ed against Any attorney's fees will all reasonable attorneys'fees actually incurred by be added to the amount you owe lender, which may also include other reasonable costs. 1f you cure the default within the THIRTY 30 DAY period,will not be re uired to a attorne 's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHEcRIF ntSs h� begun Yvou still have the ncht to u have not cured the cure within the THIRTY (30) DAY perioult d and foreclosure proceedings the default and prevent the sale at an time u to one hour-before arrhen due,he ffs Sale.you ma reasonable attorneys fees and costs total amount then past due, plus an late or otherSale as specified in writ connected with the foreclosure sale and an other costs neconn cte thewithmortthe sa e.heriffCuring your default in the b the lender and b performingan other r uir manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. t such a Sheriffs EARLIEST POSSIBLE SHERIFF'S SALE DATE -_ Iapproximately is estimated x�telt' fivethat(5) months e earliest fromate athe date of his Sale of the mortgaged property could be held would b pp Notice.A notice of the actual date of the Sheriffs e�ewill be SYou may find out atent to you before the sany Ome exactly wf course, the needed to cure the default will increase the long you wait. required payment or action will be by contacting the lender. 13-00779-1 HOW TO CONTACT THE LENDERISERVICER: Name of Lender/Servicer: Specialized Loan Servicing LLC Address: 8742 Lucent Boulevard Sante 300 Highlands Ranch, CO 80129-2386 Phone Number: (800)306-6062 Contact Person- Loan Servicing Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE --You may 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. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER,YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE • PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE,BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977),you may dispute the validity of the debt or any portion thereof If you do so in writing within thirty(30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty(30)days of receipt of this letter,this firm will send you the name and address of the original creditor if different from above. i IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE,THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY 13-00779-1 PLEASE SEE THE ATTACHED LIST SENT VIA REGULAR AND CERTIFIED MAIL NUMBER RETURN RECEIPT REQUESTED 70121010000246414263/70121010000246414270/70121010000246414287/70121010000246414294 13-00779-1 HIEN MP Consumer Credit Counseling Agencies CRAWFORD County Report lastupdated:09/20/2012 03:40 PM Advantage Credit Counseling Service/CCCS of Western PA Center for Tamily Services,Inc. 4402 Peach Street 243 Center Street Erie,PA 16509 Meadville-PA 16335 888=511-2227 814-337-8450 Greater Erie Community Action Committee Shenango Valley Urban League,Inc. 18 West PTH Street 601 Indiana Avenue Farie Erie,PA 16501 Farrel PA .16121 814-459-4581 724981-5310 St.Martin Center -170.1 parade Street. Erie,.PA 16503 814-45.2-6113 CUMEERLAND County Report last updated:0912012012 03:46 PM. Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Deny Street Harrisburg, 11104 Harrisburg,PA 17102 7 888-511-2227 7I7-232-97557 Housing.Alliance of York/Y Housing.Resources Marnnatha 290 West Market Street 43 Philadelphia Avenue York,PA 17401. Waynesboro,PA 17268 717-855-2752 717-762-3285 PA Interfaith Community Programs Inc PHriA 40.E.High Street 211 North Front Street Gettysburg PA 17325 Harrisburg,PA 17110 717-334-1518 717-780-3940 800-342-2397 DAUPHIN County Report lost updated:09/20/2012 63:40 PM Advantage Credit Counseling Service/CCCS of Western PA Community Street Action Commission of Capital Region 2000 Linglestown Road Harrisburg,PA 17102 Harrisburg,PA 17104 888-511-2227 717-232-9757 PHFA 211 North Front Street Harrisburg,PA 17110 717-780-3940 800-342-2397 'J FEDERMAN&ASSOCIATES,LLC By: Thomas M. Federman,Esq.,ID No. 64068 By: Danielle Boyle-Ebersole, Esq.,ID No. 81747 ATTORNEY FOR PLAINTIFF By: Paul J. Fanelli,Esq.,ID No. 313157 305 York Road, Suite 300 Jenkintown,PA 19046 (215) 572-5095 THE BANK OF NEW YORK MELLON FKA THE BANK COURT OF COMMON PLEAS OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC CIVIL DIVISION ASSET-BACKED CERTIFICATES, SERIES 2007-8 C/O SPECIALIZED LOAN SERVICING LLC 8742 LUCENT BOULEVARD SUITE 300 NO. HIGHLANDS RANCH, CO 80129-2386 Plaintiff V. John R. Emerick CUMBERLAND COUNTY 104 Elk Drive Carlisle,PA 17015 Cathy E.Emerick 104 Elk Drive Carlisle,PA 17015 Defendant(s) VERIFICATION 1, Daniel Leon ,hereby states that I amSecond Assistant Vice President of SPECIALIZED LOAN SERVICING LLC, Servicing Agent for Plaintiff in this matter,that I am authorized to make this Verification on behalf of Plaintiff, and verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. , --- JUL 2 4 20% Date Name: eon Title: Second Assistant Vice President Company: Specialized Loan Servicing LLC 13-00779-1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY RmnnyR Anderson � Sheriffr,~ r THE pROlH0N0 |/`NY Jody S Smith Chief Depu Richard VVStewart Solicitor YClh��PPA*:L* ''°�' 30 ��� opc,CE OF THE CUMBERLAND PENNSYLVANIA The Bank of New York Mellon vs. Cathy E Emehok(et e|j Case Number 2014-5102 SHERIFF'S RETURN OF SERVICE 08/09/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Cathy E Emerick, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 6322 Forrest Drive, Hampden Township, Mechanicsburg, PA 17050. Residence is vacant. 00/09/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: John R Emerick, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 6322 Forrest Drive, Hampden Township, Mechanicsburg, PA 17050. Residence is vacant. 08/19/2014 10:47 AM - Deputy Shawn Gutmha||, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Cathy Emerick, Wife, who accepted as "Adult Person in Charge" for John R Emerick at 104 Elk Drive, Lower Frankford, Carlisle, PA 17015. 09/19/2014 10:47 AM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by 'personally' handing a true copy to a person representing themselves to be the Defendant, to wit: Cathy E Emerick at 104 Elk Drive, Lower Frankford, '|io|e.PA17O15 ��~~' ' . -- UTSHA SHERIFF COST: $62.08 SO ANSWERS, September 22, 2014 (c) CounlySuil.e Sheriff, Teleosaft, Inc. RONNYRANDERSON, SHERIFF FEDERJVIAN & ASSOCIATES, LLC Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 ATTORNEY FOR PLAINTIFF Paul J. Fanelli, Esq., ID No. 313157 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 COURT OF COMMON PLEAS CIVIL DIVISION THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE ' CERTIFICATEHOLDERS OF CWABS, INC. ASSET- ;,; C;:..- r :l -11 BACKED CERTIFICATES, SERIES 2007 -8c:; --,c:1,1-)1 .A /-- IN.) C ' Plaintiff : `�' 1 � v. NO. 14-5102 CUMBERLAND COUNTY JOHN R. EMERICK CATHY E. EMERICK Defendant(s) ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: r�-r. i :.-. - .'. r-> Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above -captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Amount Due Interest From: 06/14/2014 to 12/12/2014 (Per Diem 26.48) $192,726.16 $4,819.36 TOTAL $197,545.52 FEDERMAN & ASSOCIATES, LLC By: 7\_ ❑ Thomas M. Federman, Esq., ID No. 64068 /Danielle Boyle -Ebersole, Esq., ID No. 81747 0 Paul J. Fanelli, Esq., ID No. 313157 Counsel for Plaintiff tIlu.so� any D(A (nSlS d N wb,,,led AND NOV, this day of �� V,t9°) Judgment is entered in favor of Plaintiff, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2007-8 and against Defendants, CATHY E. EMERICK, JOHN R. EMERICK, and damages are assessed in the amount of $197,545.52, plus interest and costs. FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 Paul J. Fanelli, Esq., ID No. 313157 ATTORNEY FOR PLAINTIFF 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 COURT OF COMMON PLEAS CIVIL DIVISION THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2007-8 Plaintiff v. NO. 14-5102 CUMBERLAND COUNTY JOHN R. EMERICK CATHY E. EMERICK Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF MONTGOMERY The undersigned, being duly sworn according to law, deposes and says that the Defendants is/are not in the Military or Naval Services of the United States or its Allies, or otherwise within the provisions of the Soldier's and Sailor's Civil Relief Act of Congress of 1940 as amended; and that the Defendant(s), Cathy E. Emerick, John R. Emerick, is/are over eighteen (18) years of age and reside(s) at 104 Elk Drive, Carlisle, PA 17015. Copies of the Military Reports are attached hereto and marked Exhibit "A." SWORN TO AND SUBS BED FEDERMAN & ASSOCIATES, LLC BEFORE ME THIS c23 AY OF A b-{ ) 2014. By: NO1`ARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MARIE S. BAKER, Notary Public Jenkintown Borough, Montgomery County My Commission Expires October 26, 2018 ❑ Thomas M. Federman, Esq., ID No. 64068 Xs Danielle Boyle -Ebersole, Esq., ID No. 81747 ❑ Paul J. Fanelli, Esq., ID No. 313157 Counsel for Plaintiff FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 Paul J. Fanelli, Esq., ID No. 313157 ATTORNEY FOR PLAINTIFF 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 COURT OF COMMON PLEAS CIVIL DIVISION THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS, INC. ASSET- BACKED SSETBACKED CERTIFICATES, SERIES 2007-8 Plaintiff v. NO. 14-5102 JOHN R. EMERICK CATHY E. EMERICK Defendant(s) CUMBERLAND COUNTY CERTIFICATION I, the undersigned attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant(s) that judgment would be entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. Copies of said letters are attached hereto and marked as Exhibit "B." SWORN TO AND SUBS RIBED BEFORE ME THIS3AY OF `D' & tj,-th) 2014. NOTARY PUBLIC 'COMMONWEALTH OF PENNSYLVANIA NAR;. MARIE S. BAKER.. ',rotary Public Jenkintown Borough. ranntgomery County My Commission Expires October 26, 2018 FEDERMAN & ASSOCIATES, LLC By: D Thomas M. Federman, Esq., ID No. 64068 "kat Danielle Boyle -Ebersole, Esq., ID No. 81747 0 Paul J. Fanelli, Esq., ID No. 313157 Counsel for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he/she is authorized to make this verification and that the foregoing facts are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. § 4909 relating to unsworn falsification to authorities. FEDERMAN & ASSOCIATES, LLC By: Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 ❑ Paul J. Fanelli, Esq., ID No. 313157 Counsel for Plaintiff EXHIBIT Department of Defense Manpower Data Center Status Report t Pursuant to Sery cemembe s Civil Relief Act Last Name: EMERICK First Name: JOHN Middle Name: Active Duty Status As Of: Dec -18-2014 Results as of : Dec -18-2014 11:29:37 AM SCRA 3.0 On Active Duty On Active Duty Status Date 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 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 His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification 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, 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. Y�. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defensd 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://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: F13FCF70B1 D2K00 EXHIBIT "B" ' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Prothonotary To: Cathy E. Emerick John R. Emerick 6322 Forrest Drive Mechanicsburg, PA 17050 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2007-8 v. JOHN R. EMERICK CATHY E. EMERICK Plaintiff Defendants Date: October 21, 2014 John R. Emerick Cathy E. Emerick 104 Elk Drive Carlisle, PA, 17015 NO. 14-5102 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT 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 WITHOUT 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 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 ELLIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717)249-3166 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUMO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA BIENES U OTROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABAGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABAGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 FEDERMAN & ASSOCIATES, LLC ❑ Thomas M. Federman, Esq., ID # 64068 ADanielle Boyle -Ebersole, Esq., ID # 81747 ❑ Paul J. Fanelli, Esq., ID # 313157 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 Attorney(s) for Plaintiff Date: October 21, 2014 By: THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Prothonotary To: John R. Emerick Cathy E. Emerick 6322 Forrest Drive Mechanicsburg, PA 17050 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2007-8 John R. Emerick Cathy E. Emerick 104 Elk Drive Carlisle, PA 17015 Plaintiff v. NO. 14-5102 JOHN R. EMERICK CATHY E. EMERICK Defendant(s) NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Protho i aki If you have any questions concerning this Judgment, please call: FEDERMAN & ASSOCIATES, LLC at (215) 572-5095.