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Home My WebLink About02-1651 ~ THOMAS I. PULEO IDENTIFICATION NO. 27615 620 Sentry Parkway, Suite 100 BLUE BELL. PENNSYLVANIA 19422 ATTORNEY FOR 610) 941-3600 PLAINTIFF ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of ABN AMRO Mortgage Group, Inc 7159 Cork1an Drive Jacksonville, Florida 32258 v. JERRY T. LAMIE 1867 Holly Drive Camp Hill, PA 17011 CUMBERLAND COUNTY COURT OF COMMON PLEAS DIVISION TERM, No O-;t - /'-~ I G~;(~ '{ CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT "NOTICE '"You have been sued in court. If you wish to defend against the daims 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 ~amed 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 !"8quested by the plaintiff. You may lose money or property or other rights Important to you. "YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4 th Floor, Cumber land County Courthouse Carlisle, PA 17013 (717) 240-6200 "AVISO -Le han demandado a usted en la corte. Si usted quiera defenderse de estas demandas expuestas en las pAginas siguientes, usted tiene veinta (20) dias. de plazo al partir de la fecha de la demanda y la nolificali6n. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a Ia corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no 58 defiende. la corte to~ara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la coarte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede parder dinero 0 sus propiedades u olros derechos importantes para usted. "LLEVE ESTA DEMANDA A UN ABOGADO INMEOIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCI6N SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DON DE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, c..'umberland County Courthouse Carlisle, PA 17013 (71 7) 240-6200 I, PLAINTIFF CUMBERLAND COUNTY ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of ABN AMRO Mortgage Group, Inc 7159 Cork1an Drive Jacksonville, Florida 32258 v. JERRY T. LAMIE 1867 Holly Drive CampHill,PA 17011 CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff, ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of ABN AMRO Mortgage Group, Inc., is a corporation organized and existing under laws ofthe State of Delaware with offices at 7159 Cork1an Drive, Jacksonville, Florida. 2. Defendant, JERRY T. LAMIE, is the mortgagor and real owner of premises 1867 Holly Drive, Township of Lower Allen, Cumberland County, Pennsylvania, hereinafter described, whose last known address is as stated above. -1- 3. On the 18th day of October, 1993, the above named mortgagor made, executed and delivered a mortgage upon premises hereinafter described to GMAC Mortgage Corporation ofPA, which mortgage is recorded in the Office of the Recorder of Deeds for Cumberland County in Mortgage Book 1173 page 440. 4. The premises subject to the said mortgage is described in Exhibit "A" attached hereto and made a part hereof. 5. The mortgage secures defendant's certain Note dated the same as the mortgage in the amount of $73,000.00 payable in monthly installments with interest at the rate of 6.25% per annum. A copy of the said Note is attached hereto, made a part hereof and marked Exhibit "B". 6. On the 22nd day of March, 200 I, the said mortgage was assigned to ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of ABN AMRO Mortgage Group, Inc., the plaintiff herein, by written assignment which is recorded in the Office of the Recorder of Deeds for Cumberland County in Miscellaneous Book 670 page 4. 7. The mortgage is in default because the defendant has failed to make the payment of the monthly installment of principal and interest in accordance with the terms of the mortgage for the month of November 2001, and each month thereafter, up to and including the present time. 8. The following amounts are due on the mortgage: Principal Interest at 6.25% per annum from 10/1/01 thru 1/31/02 ($7.09 per diem) Late charges accrued thru 1/31/02 ($31.30/month) Escrow deficit (taxes and insurance) ($148.91/month) Attorney's fee (5%) Title information certificate $41,387.53 872.07 62.60 446.73 2,069.38 325.00 Total $45,163.31 9. Plaintiff has sent to defendant by certified mail and first class mail Notice ofIntention to -2- Foreclose Mortgage in accordance with the provisions of Section 403 of Pennsylvania Act No.6 of 1974, and Notice of Homeowners' Emergency Mortgage Assistance Program, in accordance with Pennsylvania Act 91 of 1983, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "C". Defendant has not had the required face-to-face meeting with the mortgagee within the required time and plaintiff has received no notice that defendant has had a face-to-face meeting with a consumer credit counseling agency, nor has plaintiff received notice that defendant has filed an application with the Homeowners' Emergency Mortgage Assistance Program. WHEREFORE, plaintiff demands judgment in the sum of $45, 163.31 plus interest, late charges, escrow advances and costs to the date of judgment and foreclosure of the said mortgage. -3- DESCRIPTION ALL THAT CERTAIN tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wi~: BEGINNING at a point on the West side of Holly Drive at the line dividing Lot Nos. 1 and 26, Block "B", as shown on the hereinafter mentioned Plan of Lots; thence along the Southern side of Lots Nos. 1 and 2, Block "B", South 78 degrees, 54 minutes West, one hundred five (105) feet to a point at corner of Lot No. 25, Block "B"; thence-along the Eastern side of same, South 11 degrees, 6 minutes East, one hundred nineteen and five hundredths (119.05) feet to a point at the Northern side of Holly Drive; thence by an arc curving to the left, along Holly Drive, having a radius of one hundred twenty (120) feet, a uistance of one hundred seventy-three and forty-six hundredths (173.46) feet to the place of beginning. BEING Lot No. 26, Block "B", on the Plan of Lots of Cedar Village, as recorded in the Cumberland County Recorder's Office on June 9, 1955, in Plan Book 7, Page 26. HAVING thereon erected a brick and frame split level dwelling house known as 1867 Holly Drive. Tax Parcel #23-05-47-418 EXHIBIT A Ot~8Gui~Al I NOTE OCTOBER I 18 ,1993 LOAN II 4-815885-71 PA HARRISBURG ICity] (State) 1867 HOLLY DRIVE CAMP HILL (Propeny Address) PA 17011 . 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received. I promise to pay U.S. $ "principal"), plus interest. to the order of the Lender. The Leoder is 73,000.00 (this amount is called GMAC MORTGAGE CORPORATION OP PA . f understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive pay men ts under this Note is called the "Note Holder." 2.INTiCREST , In' ;rest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 6.250 %. Tho interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) 01 this Note. . 3. PA \Y1ENTS (A', Time and Place of Payments I "'ill pay principal and interest by making paymems every month. I will make my monthly payments on the 1st day of each month beginning on DECEMBER 01 1993 . I will make these payments every month until I have paid all of the principal and interest and any other charges describ"d below that I may owe under this Note. My monthly payments will be applied to interest before principal. If. on :;OVEMBER 01, 2008. . I still owe amounts under this Note. I will pay those amounts in full on that Jate, which is called the "Maturity Date." ' I will make my monthly payments at 8360 OLD YORK ROAD, ELKINS PARK, PA 19117 -159 0 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments M\' monthly payment will be in the amount of U.S. $. 4. BORROWER'S RIGHT TO PREPAY I !lave the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prep..lymem". When I make a prepayment. I will tell the Note Holder in writing that I am doing so. I I.,ay make a full prepaymem or partial prepayments without paying any prepaymem charge. The Note Holder will use all of I.. Y prepaymenL< to reduce the amount of principal that I owe under this Note. If I make a partial prepayment. there will be no (hangcs in the due dale or in Lhc amount of my monthly payment unless the Note Holder agrees in writing 10 those change.. 5. LO/ N CHARGES If J law. which applies to this loan and which sets maximum loan charges. is finally interpreted so that lhe imcrcst or other Jr.an charges collccted or to be colleclCd in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limi~ and (ii) any sums already collecud from me which excceded permitted limits will be refunded to me. The Note Holder may choose to make this refund by re<Lcing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the rcducti,_m will be treated as a partial prepaymcnt. 625.92 6. 80RROWER'S FAILURE TO PA Y AS REQUIRED (A) Late Charge for Overdue Payments If !he Note Holder haS not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my [overdue 'payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (8 I Default If do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C I Notice of Default If am in default, the Note Holder may send me a wriuen notice telling me that if I do not pay the overdue amount by a certain Jate. the Note Holder may require me 10 pay immediately the full amount of principal which has not been paid and all the inh:rcst lllat I owe on that amount. That date must be atlcaSt 30 days after the dale on which the notice is delivered or mailed '~o mc. (D J No Waiver Hy Note Holder E\'2.n if. at a limc when I am in default. the Note Holder does not require me to pay immediately in fuJI as described above, !he Note Holder will still have the right to do so if I am in default a. a later time. (E I Payment of Note Holder's Costs and Expenses If Lhe Note Holder has required me to pay immediately in full as described above, the Note H~lder 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 ,~xpenses include, for example, reasonable attorneys' fees. 7. GI\' ING OF NOTICES U,Jess applicable law requires a different method, any notice that must be given to me under this Note will be given by deliver ng it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. ' A.. Y 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 '\ ~hC\\IP' m' o:>t ... AH.f'............ "'~.1.~~~ :1" -- -,- -' . addres .. . EXHIBIT B MULTlS, ATE FIXED RATE NOTE Single Family. FNMAIFHLM~ 0_ .'JA (91051.01 YMP MORTn....,..: P"V"M" .1~1~1i:'1I;f.81UO -!BlJO!521.7291 lnillahs~ 'f'1 <.-0 . , /8. OBI iGATIONS OF PERSONS UNDER THIS NOTE I If r lOre than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in ! lhis No:::~, including the promise to pay the full amount owed. Any person who is a guarantor. surety or endorser of this Note I is also '.lbligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, . surety (r endorser of this Note, is also obligated to keep all of the promises made in this Note. The,Note Holder may enforce , its right< under 'this Note against each person individually or against all of us together. This means that anyone of us may be requirec to pay all of the amounts owed under this Note. 9. WAl VERS ' I uDd any other person who has obligations under this Note waive the rights of presentmem and notice of dishonor. "Presenmem" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means I the righ ~ to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UI\IFORM SECURED NOTE Th:s Note is a uniform instrument wiLh limited variations in some jurisdictions. In addition to the protections given to the Note H.lldcr under this Note, a Mortgage. Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this NOlO, prolCCts the Note Holder from possi~le 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 ::11 amoums I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Benelicial Interest in Borrower. If all or any pan of the Property or any in:.erest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a nti~ural person) without Lender's prior written consen4 Lender may, at its option, require immediate payment in fu:l of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if excrcise 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. The notice shall provide a pcciod 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, Lfader may invoke any remedies pennitted by this Security Instrument without further notice or demand on B(Jrrowcr. J W [TNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. /"'-h"'''~ J~~."1xII~ SSN: (Seal) .Borrower (Seal) ~Borrower SSN: (Seal) -Borrower SSN: (Seal) -Borrower SSN: (Sign Original Only) , - ~'~F.A /(l1no;\ n1 P.". "n'" "np_.."n" ''''11'' LOAN NO 0001187631 DATE LETTER VER REQ DESCRIPTION 01/10/02 DR133 009 CE1 act91/6 DATE 03/19/02 ATLANTIC MORTGAGE & INVESTMENT CORPORATION 7159 CORKLAN DRIVE JACKSONVILLE, FLORIDA 32258 December 20, 2001 INVESTOR NO.: F29/E COUNTY CODE: 41 Jerry T Lamie 1867 Holly Dr Camp Hill PA 17011-7421 Loan Number: 0001187631 PF: 1 SC F .,....o....-<.,~ -=-- . . EXHIBIT C LOAN NO -0001187631 DATE 01/10/02 LETTER VER REQ DR133 009 CE1 DESCRIPTION act91/6 DATE 03/19/02 Current Lender/Servicer:At1antic Mortgage & Investment Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: FOR EMERGENCY MORTGAGE ASSISTANCE: PF: 1 SC F 2 SC B LOAN NO 0001187631 DATE 01/10702 LETTER VER REQ DESCRIPTION DR133 009 CE1 act91/6 DATE 03/19/02 IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a TEMPORARY STAY OF FORECLOSURE-- temporary stay of foreclosure on your mortgage for thirty (30) days PF: 1 SC F 2 SC B LOAN NO 0001187631 DATE LETTER VER 01/10/02 DR133 On9 REQ DESCRIPTION CE1 act91/6 DATE 03/19/02 IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES IF YOUR DEFAULT HAS BEEN CAUSED BY ~IRCUMSTANCES BEYOND YOUR CONTROL, BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED ~F YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a TEMPORARY STAY OF FORECLOSURE-- temporary stay of foreclosure on your mortgage for thirty (30) days PF: 1 SC F 2 SC B LOAN NO 0001187631 DATE 01/10/02 LETTER VER REQ DESCRIPTIOR DR133 009 CE1 act91/6 _ DATE 03/19/02 from the date of this Notice. 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 THE NEXT (30) DAYS. IF YOU DO NOT THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR 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-- 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 PF: 1 SC F 2 SC B LOAN NO 0001187631 DATE 01/10/02 LETTER DR133 VER 009 REQ CE1 DESCRIPTION act91/6 DATE 03/19/02 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. DR133 PF: 2 SC B LOAN NO_ 0001187631 DATE 01/10/02 LETTER DR133 VER 009 REQ CE1 DESCRIPTION act91/6 DATE 03/19/02 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. DR133 PF: 2 SC B LOAN NO 0001187631 DATE 01/10/02 LETTER DR142 VER 009 REQ CEl DESCRIPTION act 91/6 DATE 03/19/02 Loan Number: 0001187631 EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the EARLIEST POSSIBLE SHERIFF'S SALE DATE earliest date could be held that such a Sheriff's Sale of the mortgaged property would be-approximately six (6) months from the date of approximately six (6) months from the date of A notice of the actual date of the Sheriff's Sale will this Notice. this Notice. be sent to you before the sale. Of course, the amount needed to the default will increase the longer you wait. You may find out time exactly what the required payment or action will be by contacting the lender. cure at any~ HOW TO CONTACT THE LENDER: HOW TO CONTACT THE LENDER: PF: 1 SC F LOAN NO DATE LETTER VER REQ DESCRIPTION 0001187631 01/10/02 DR142 009 CE1 act 91/6 Name of Lender: ATLANTIC MORTGAGE & INVESTMENT CORPORATION -Name of Lender: ATLANTIC MORTGAGE & INVESTMENT CORPO.AATION Address: 7159 CORKLAN DRIVE Address: 7159 CORKLAN DRIVE DATE 03/19/02 Phone number: Phone number: Contact Person: Contact Person: JACKSONVILLE, FLORIDA 32258 JACKSONVILLE, FLORIDA 32258 1-800-288-2642 Fax number: 1-800-288-2642 Fax number: Robert Pilarski Robert Pilarski 1-904-288-5067 1-904-288-5067 EFFECT OF SHERIFF'S SALE-- You should realize that a Sheriff's Sale EFFECT OF 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 PF: 1 SC F 2 SC B LOAN NO 0001187631 DATE 01/10/02 LETTER VER REQ DESCRIPTION DR142 009 CE1 act 91/6 DATE 03/19/02 could be started by the lender at any time. ASSUMPTION OF MORTGAGE-- Your mortgage MAY be assumable. You may sell ASSUMPTION OF MORTGAGE-- 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: 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. PF: 1 SC F 2 SC B LOAN NO 0001187631 DATE LETTER VER REQ DESCRIPTION 01/10/02 DR142 009 CE1 act 91/6 DATE 03/19/02 TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. -(HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Please see attached) (Please see attached) PF: 1 SC F 2 SC B LOAN NO 0001187631 DArE 01/10/02 LETTER VER REQ DESCRIPTION DR142 009 CEl act 91/6 Please be advised that Atlantic Mortgage & Investment Corporation is a debt collector; any i~formation obtained will be used for that purpose. By: Robert Pilarski DR142 PF: 2 SC B DATE 03/19/02 LOAN NO 0001187631 DATE 01/10/02 LETTER VER R~Q DESCRIPTION DR141 009 CE1 4ct 91/6 DATE 03/19/02 Loan Number:0001187631 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): applicable) : HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) HOW TO CURE THE DEFAULT-- THIRTY (30) DAYS OF THE DAYS AMOUNT PAST DUE TO THE LENDER, WHICH IS $ AMOUNT PAST DUE TO THE LENDER, ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, DATE of the date of this Notice BY PAYING THE TOTAL BY PAYING THE TOTAL 1,598.88 PLUS PF: 1 SC F LOAN NO 0091187631 DATE 01/10/02 LETTER VER REQ DESCRIPTION DR14l 009 CEl 4ct 91/6 DATE_03/l9/02 cashier's check, certified check, or money order made payable and sent to: ATTN: COLLECTION DEPARTMENT ATLANTIC MORTGAGE & INVESTMENT CORPORATION 7159 CORKLAN DRIVE JACKSONVILLE, FLORIDA 32258 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable) . IF YOU DO NOT CURE THE DEFAULT-- If you do not cure the default within IF YOU DO NOT CURE THE DEFAULT-- PF: 1 SC F 2 SC B _ LOAN NO 0001187631 DATE 01/10/02_ LETTER DR141 VER 009 REQ CE1 DESCRIPTION 4ct 91/6 DATE 03/19/02 THIRTY (30) DAYS of the date of ~his Notice, the lender intends to - THIRTY (30) DAYS the lender intends to exercise its rights to accelerate the mortgage debt. This means that exercise its rights to accelerate the mortgage debt. 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 foreclose upon your mortgaged property. mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-- The mortgaged property will IF THE MORTGAGE IS FORECLOSED UPON-- PF: 1 SC F 2 SC B LOAN NO 0001187631 DATE 01/10/02 LETTER DR141 VER 009 REQ CEl DESCRIPTION ,!ct 91/6 DATE 03/19/02 be sold by the Sherrff to payoff 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 If you cure the default within the THIRTY (30) DAY period, you will not be requi..red to pay within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. attorney's fees. PF: 1 SC F 2 SC B LOAN NO 0001187631 DATE 01/10/02 LETTER DR141 VER 009 REQ CE1 DESCRIPTION 4ct 91/6 DATE 03/19/02 OTHER LENDER REMEDIES-- The lender may also sue you personally for the OTHER LENDER REMEDIES-- unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-- If you have not RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-- cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's 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 other costs connected PF: 1 SC F 2 SC B LOAN NO 0001187631 DATE 01/10/02 LETTER DR141 VER 009 REQ CE1 DESCRIPTION - 4ct 91/6 - DATE 03/19/02 with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your Curing your notice will restore your notice will restore your have neve~ defaulted. have never defaulted. default in the manner set forth in this default in the manner set forth in this mortgage to the same position as if you mortgage to the same position as if you DR141 PF; 2 SC B LOAN NO 0001187631 DATE 01t10/02 LETTER DR140 VER 013 REQ CE1 DESCRIPTION ACT91/6 DATE 03/19/02 Loan Number: 0001187631 APPLICATION FOR MORTGAGE ASSISTANCE-- Your mortgage is in default APPLICATION FOR MORTGAGE ASSISTANCE-- for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Assistance Program. To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) "days of your face-to-face meeting. PF: 1 SC F LOAN NO 0001187631 DATE 01/10/02 LETTER DR140 VER 013 REQ CEl DESCRIPTION ACT91/6 DATE 03/19/02 YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU_FAIL TO DO SO OR IF YOU MUST FILE ~OUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are AGENCY ACTION-- very limited. They will be disbursed by the Agenc~ 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. PF: 1 SC F 2 SC B LOAN NO 0001187631 LETTER VER REQ DESCRIPTION DR1~0 013 CEl ACT91/6 DATE 01/10/02 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) -Emergency Mortgage Assistance) HOW TO CURE YOU~ MORTGAGE DEFAULT (Bring it up to date) . HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) . NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender NATURE OF THE DEFAULT-- PF: 1 SC F 2 SC B DATE 03/19/02 ,- . LOAN NO 0001187631 DATE 01/10/02 LETTER VER REQ DESCRIPTION DR140 013 CE1 ACT91/6 DATE 03/19/02 on your property located at: 1867 Holly Dr, Camp Hill PA 17011-7421 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS and the following amounts are now past due: (1) Monthly payments from November 01, 2001 $1552.58 _thru DECEMBER 01, 2001 (at $774.83 per month) Monthly payments from $ thru (at $ per month) (2) Previous late charges; $ 31. 30 PF: 1 SC F 2 SC B LOAN NO 0001187631 DATE 01/10/02 LETTER VER REQ DESCRIPTION DR140 013 CE1 ACT91/6 DATE 0309/02 (3) Other charges; Escrow, Inspection, $ 15.00 NSF checks (4) Other provisions of the mortgage $ obligation, if any (5) TOTAL AMOUNT OF (1), (2) and (3) $ 1,598.88 REQUIRED AS OF THIS DATE DR140 PF: 2 SC B .. VERIFICA nON Mr. Edward M. Johns hereby states that he is Assist, Vice President of Atlantic Mortgage & Investment Corporation mortgage servicing agent in this matter, that he is authorized to take this Verification, and that the statement made in the foregoing Civil Action Mortgage Foreclosure Complaint are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made to the penalties of 18 Pa .C. S.A. Sec. 4904 relating to unsworn falsification to authorities. ~ Edward M. Johns Vice President Date: 3 - ;) r- dt:?C7 -;)..~ 70(0 1t-tt -- ll> {;:? D " ~ C1l ~ ...:t . (") <=> ~ c: ,..,) _ 'i >. <'" ~ ~ -o{'ti !;; v { ~ ~ C!)Q.l ;;0 . 6,[-"i. I (y B ~ ,~g : I \./ :J> ::I; l z8 ~ ~ :i>~ ~ ~~ ~r~ ~ o B' .'n ;TI V) -n,''':' :.0: ':::1 ~:t~) ~:f;;:d };;;.C) ,jn', -; ~ SHERIFF'S RETURN - REGULAR CASE NO: 2002-01651 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC MORTGAGE & INVESTMENT VS LAMIE JERRY T RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LAMIE JERRY T the DEFENDANT , at 1831:00 HOURS, on the 8th day of April at 1867 HOLLY DRIVE , 2002 CAMP HILL, PA 17011 by handing to JERRY T. LAMIE a true and attested copy of COMPLAINT _ MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.55 .00 10.00 .00 38.55 So Answers: r~~ R. Thomas Kline 04/09/2002 PULEO & DEMILIO Sworn and Subscribed to before By: L52~~7~/ Deputy Sheriff ' me this /2. ~ . day of Of,J cbHl..L A. D. 41. ~ lw,'P..~ J~ rot onotary , THOMAS I. PULEO, LLC 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No, 27615 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW ATLANTIC MORTGAGE & INVESTMENTS CORPORATION, Plaintiff Mortgage Foreclosure NO, 02-1651 v, JERRYT LAMIE, Defendant PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above entitled case discontinued upon payment of your costs only, (} f.. 4 ~~;Y\' th ~,~ ~.. -, '.t::-' . C?~.?:~) '.r" (:_.~ -" ~- -~ ,..; 'C1 ~ (fl \....\ '"0 N (# '"0 :n: ~ .-\ ~':'P 0'r::: .",\1] ""Q ?:).o -;:.1-'(\ ,1_'-'''' Q<'1 /:..f1'i. g ~ :<:: v) .' o N