Loading...
HomeMy WebLinkAbout00-01421 -C.P.~ P'", OIommonhttaU4 of '~nn5uhtania COUNTY OF . CUMBERLAND COURT OF COMMON PLEAS GMAC MJRTGAGE CORPORATION Term, 19 2000.1421 Civil YO. NO. RICHARDL. TROSTLE, SR. and SHARON C. TROSTLE, his wife PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the obove motter: Amount due $ 95,870.65 Int.rest from 6/8/00 @ $15.76 per diem $ (Costs to be aclclecl) $ 145.42 ~A~ .,/ Attomt).(S) lor Plt1in~ill($) Thomas I. Puleo Mortgo9_ For.dolvr. Ground Rtnt (R.m) &-46 (R..... 1/80) "'" " - -I J.._ . ,~ < \"'1r , ~.~ r.oo""" ,_:',,:iri'!i~':-~ ! :1 Ii " ~ ,1 /"'- , . / ,- .",~'--'-""'- . .:.._...-......~--_.~ DESCRIPTION ALL THA T CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the northerly line of Susquehanna Avenue at the South-easterly extremity of the arc or curve of a radius of ten (10) feet connecting the easterly line of Wyoming Avenue with the northerly line of said Susquehanna A venue, and extending northwesterly by said arc or curve of a radius of ten (10) feet, a distance of fifteen and seven hundred eight one-thousandths (15.708) .feet to a point in the easterly line of said Wyoming Avenue, at the 'nqrthwesterly extremity of said arJ: or curve; thence along the easterly line of:sai$1 Wyoming Avenue,riTorth ten (10) degrees, twenty (20) , minutes West, one hundred thirty (130) feelto a pO,int;, thence North seventy-rline(79) degrees,,: forty (40) minutes East, fifty (50) feet to a ,point; 'thence South ten 910) degrees, twenty (20) minutes East, one hundred forty (140) feet to a point in the northerly line of'Susquehanna Avenue aforesaid; and thence along the northern line of Susquehanna Avenue, South seventy-nine (79) degre,es, forty (40) minutes West, forty (40) feet to the place of BEGINNING. HAVING THEREON ERECTED a two stoi,y frame d\velli'ng house, No. 278 Susquehanna Avenue, Enola, Pennsylvania, TAX PARCEL #09-14-0832-093 EXHIBIT A ,"""- '^ ~ " , ,I~ , -- - ~ "'"'" ~ l (;:; ./:: ~ -e ~ ~ -<4. ~ !v ..() ~ - !'1 --0 . . D '1 ;--. C g 8 ..0 g 0 C-\ C~j ~ 0 ?v B ~ c: '-' ~i () .<<.' S:= t 0 -oi~Ei "" I . m"~-! :;:";;': -1;:Q / ~~ -:? ~ -~-, <-:- ~ ~i~~:._ '-;iT') -t ~ (..." ....I r-. , ;:::S;;<;- , c) r , '--'--' ~. "- ~ ~ "- 3> .-~ , ~ ... ~ ~ --1:'- ,----"._.... , "'?- I, ~' ::~~ C:-, ...:-(-.." , "- 5>,"" \9 alt. " , ~ - ::2.: ~g " ~ .:;:! :-:> , -< l I', '7"_ ~... , ..~" .... ~, ". ~1Ii!i1l1~~~m1 ~ '"~.;" , a~~~'F'_1"l~fi't""!~If<1"'lI;r~I'>'fl4'\l'~~-~1I!'i!i~;~~tliJ;l1i~I!!!:~_jJI Thomas I. Puleo, Esquire Identification No. 27615 1710 Walton Road, Suite 206 Blue Bell, P A 19422 (610) 941-6050 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION v. NO. 2000"1421~Civi1 RICHARD L. TROSTLE, SR. and SHARONC. TROSTLE, his wife AFFIDAVIT OF SERVICE I, Thomas 1. Puleo, Esquire, attorney for plaintiff, being duly sworn according to law, deposes and says that he mailed by ordinary j!.l a Notice fS e pursuant toPa. R.C.P. 3129.2 upon the persons listed below on the :f IS day of , 000 as evidenced by the U.S. Postal Service Certificate of Mailing (Form 3817), hich' attached hereto as Exhibit "A": PNC Bank National Association 2700 Liberty Avenue Pittsburgh, PA 15222 Domestic Relations Office Cumberland County 13 N. Hanover Street Carlisle, PA 17013 ~ THOMAS 1. PULEO, ES Attorney for Plaintiff NOTARIAL SEAL LISA M.MALA'NTONIO. Notary Public 'Whitpaloi~. MontgOmlllY County M. I ton s March 22, 2004 <,,~; ~ 11!lW:I'I'" -~ . ""..,~"-"""~,= 11 ..... ~ c:l ;!;' 11 Co:> CD "l ."l ." ~ -< ~ ~ ~g [9!. "z ~c en3 ~i , " "'0. c_ "." ~. n c ~ - :0'" ~It g!!!. <'z ~c "'3 m" -~ .,," co. ~- -." ~~ n~ ~~ "". ~~ "f~ ;., ~,,~ In . ~ --- \! o ~- 3 JJ ." ~ - " .. -. - < .. -. 0. .g ~ ~ ~ 12- ." ~ ~ " ~. ~ ;; :> "-~~. ~...".,.. < -" , :; X' g.1lI.g 3:iii'j =t g llIa6'~mQ1= CD rgO:)300"c "= l/Io!!!.l\Ig== III 0"2 n oeft "tl :g 3 ~ aI-o::o. o -<!i1e!a~g~ a J.~~i'l~ g. -: 5'(DiiliPj~o ::l g.S"~c:""_< aCii!D~~~~ llI~(Illil ~i'i-(ll =,_(D -3-. O$'RI -._ CII _ 1/100_ g _~mlll;2: g;:~833~ n ~~. ;::((1 ~ f~5';!2.'8o I/IQl ~l\IfA=-.::J a:~~3t.n8~!!!. ... ~>~. ctl C. ~ _t'-.~Q,o ~Q~~og~ 3~3i ~ ~ ;:.;:0:)"... l\I 5" IlICOC.2='1lI g~~H~a (;1 (fl:J ~:::l S' 9..~~~gii 8 Pi g;;'~ < 11>'<' l'C:::'. CD ::Jill -1'0 g ~ ~~5* ~ CD lSlii"3 lI' Cil €I "'tI'~ ~<g -IV ___.IlI a~~~S;:~ l\I ~:8~.~ 1t ,~ Di _::I 3 3 =",..00.0 III gO"GI:;!.=: ~:l... 3-" ~Jg2.a ;1 ~-.~!l~ :=~~i !e~ C/)~ 0.12~. 1,g ~ ~ic .l\I =: !5i 3 ar~.~ ~li ~~;-; iil ~ .g llgtt~~. ,: !" ( I ~ i I . o ;;; .. ",~j?'- ~ '" ~ ... ~ '" . ~p~~ 'i"" '. , ."'/'0, /. \ / \rf, i. \ ' I ' 'I f;: <., ,c" .' U, \("\. ;:":';., ~._<. ,~. - I \" . /~, .) / / '(j("fl '3 n \ sy/ ~ I\l ~ ~ rVI Joo\l""l..oVIoIIIU::U",.C UIUII '" ... ~ o <0 co - --l en /7"'.'T / ,',,\Ii ! ~ '-'~""l [11 ~ ] ~ \:P :;; Ct'I! ~6J~;IH ,~, '.' t'~i I :'-'~; t',.J ('-)~ ,,~,~ l:~ IF~~I~~~~!lll~~ l ~ CJ ~ i to I 11;1) <..n !,! ( t ~<I ["1 I.Co (;:) 1 q !W l'l; ~,m ,nl 11{~ 11-**********11,'1' , i : '" I\l N g5'~:;g g~(I)n l;j Ul to ~ ~,'1j~ n f-l'~ >-' rt <A::<lrtZ (I) Ullll Z>-'o'rt . III >::.... rt:::!Sl ~b":H, ;;;; >-' o Ul 2o~~ '" H, Ul H, >-' 0 Cf) f-l. U1 (/ M n Nf-l' ~ CD N ~ ~ N rt ...' g nn ~~ ....(1) Ul '" >-'>-' (I) III ;; p.. ~ >-' o >-' <A . ~ r- 5 " a>~ CIl0.3 ~ SolD ".... 0."" ~cnQ. ...... ~ ~"'-l <: :-"":Z:: ~"'o Os: >-3 lJ:l;:E> E5 m)>en f!l ..... .....4:- t-< 0" tIJ ~zc ..... -,,::am wOo ~>, NOm N' en enp Cc =is mm N 0 en z,. f-' 3a. 0-"- ~~ Z m 5 ~ It ,. 0. o ii ~ ~ c !' S'! a ?- N -...J o o t-< .... 0' (I) '" '-< . , o ." 0. "- g o' c it o a ~ ~ LLLlJS' 00-:09. ~o~~~ ~Om~:~ ~ a.~13 C Q 0.0 CD 03' m--:o~. "J .g ~Q (b- t/l ai jjs:S Ei ~ CD ~::I 'tS s:Q~i' \\I.g-aS ~~'-g ?- -n C C 9&= OO~ 9 ~:I <:: <(0 (t) ,~g; ::::; 5 (ii" n ~:J s: go......... 10 2 "'tI ~ ClJ :::'0<0"0 =)> -ot/! 0.'0 jj;:l ~ ~ s: a c:. < ~ 5' Q) -g ~.~ 3" ::q ?' Ci" ':""(1) ~; co ~ 2 ~ , " <:i ~ ~ ~r::l g ~a o C =Q oen OQ oil ~ 'tJ ~s~ g 9:2:;r 3' g.~!a. ~ iCS3 * 80'0 .. -0- ~ ~.~~ Q, CII::.;(l) ~ oS"=: (S~fii. Ii;-:'; sa. 0'0 Co :0 ="'01 ,,' ~ @ "9.: ",:0 Q' c;>> ",en Q' ~!=' ",en ~. Q:t :tl :o~ ~ - 30 ::: '!. ~ . ~ '" ~ C .~" ""...,. If[_f~.-Mljlll!Illi!lt.~_.. M.= ~~,. ~" - = .,n_ .. w 0 Co () C a IJ~ '-1'1 CD> Qlrr~ c:: -r .o:::~=J.) GJ :;'i2 2:c --';,n Uk:: .-.J - JCJ -< ,.< ~~; c:) ~:-c5 v ~;c, ...:4 r"C5:0j ;<;:0 5~O c: W 5rn Z -{ :;! >' .!:" :X] -< ._i_~i:;:"""_I;'~""'!\1'ff'll'?'~fW';/!1>~~~tl!~~~!W1\IIifFj<INl<ii!1,ffiH;~~_~q~ " THOMAS I. PULEO Identification No. 2761~ 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 GMAC M:lRTGAGE CORPORATION Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. RICHARD L. TROSTLE, SR. and SHARON C. TROSTLE, his wife No. 2000-1421 Civil AFFIDAVIT PURSUANT TO RULE 3129.1 THOMAS I. PULEO, attorney for plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at 2:78 Susquehanna AVenue . , Eno1a , Pennsy1 vania: 1. Name and address of Richard L. Trostle, Sr, 6680 N. Si1verbe11 Road Tucson, AZ 85743-9757 owner(s) and reputed owner(s): Sharon C. Trostle 6680.N. Si1verbe11 Road Tucson, AZ 85743-9757 2: , Names and address of Richard L. Trostle, Sr. 6680 N. Si1verbe11 Road Tucson, AZ 85743-9757 defendant(s) in the judgment: Sharon C. Trostle 6680 N. Si1verbe11 Road Tucson, AZ 85743-9757 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None. -1- ~-" - - .',- . 'I 4. Name and address of the last record: PNC Bank National Association 2700 Liberty Avenue Pittsburgh, PA 15222 recorded holder of every mortgage of GMAC Mortgage Corporation 500 Enterprise Road, Suite 150 Horsham, PA 19044 (Executing mortgagee) 5. Name and address of every other person who has any record lien on the property: None. 6.. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: r:orrestic Relations Offioe CUmberland County 13 N. Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 54904 relating to unsworn falsification to authorities. Date: June 6, 2000 THOM S I. PUL Attorney for Plaintiff '~ ~ - ",'~ - ~- __!JlIll1IJll1!l1l11U1@~:mo~\J!IiMj'!l\"'" !flP!",.~" - ~- ~~. 0 0 C) C = -n 3:: c- -om c:: :D m fr: Z Z :'J~I ,-- 0\ ~?;~ Go) _'~J f" ':-:,;~~~; ,<C.' :e: ,-L;:~j ~-~ zt) -:i- :->C) -'~l.l 1.D OPl Pc Z J.l ~ ::;2 -< ~.,..~M!!IiIfJ~!~-~'~~lfl!!f~;!\i/~~Wif~~lf!j'j-lm~~1ill~~llJllUl~ " THOMAS I. PULEO Identification No. 27615 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 Attorney for Plaintiff GMAC MJRTGAGE CORPORATION CUMBERLAND COUNTY ... COURT OF COMMON"PLEAS : v. RICHARD L. TROSTLE, SR. and SHARON C. TROSTLE, his wife No. 2000-1421 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO Richard L. Trostle, Sr. 6680 N. Si1verbe11 Road Tucson, AZ 85743-9757 Sharon C. Trostle 6680 N. Si1verbe11 Road Tucson, AZ 85743-9757 Your real estate at 278 Susquehanna Avenue, Eno1a -Pennsylvania, is chedu1edto be sold at Sheriff's Sale on Wednes~ay, September 6, 2000 " at 10: 00 a.m., Cumberland" CoUnty Courthouse, 2nd Floor, Ccmnissioner's Hearing Room, Carlisle, Pennsylvania, to enforce the court judgment of $ 95,870.65 "obtained by GMAC Mortgage Corporation against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to GMAC Mortgage Corporation the amount of the back payments, late charges and reasonable attorney's fees due. To find out how much you must pay, you may call: (~(610) 941-6050. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ,,~- ,~ ,.,.". You may need an attorney to assert your rights. The sooner you contact one, the more chances you will have of stopping the sale. See notice on page two on how to obtain an attorney. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling MU6-3535. 2. You may be able to petition the Court to set aside the sale if the bid price was ~ross1y inadequate compared to the value of your property. 3. the full may call The sale will go through only if the buyer pays the Sheriff amount due in the sale. To find out if this has happened you MU6-3535. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. amount buyer. you. You have a right due is paid to the At that time, the to remain in the property until the full Sheriff and the Sheriff gives a deed to the buyer may bring legal proceedings to evict 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 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 LISTBD BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 -2- .,--,. "., ".""",' , '_ .,': V"';,}:!i:,-r:.~'}:" ,. i: -", "C ~ -. /:.- ....,._.~.~... --..;........:_-~_..-, '. DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the northerly line of Susquehanna Avenue at the Southceasterlyextremity orthe arc or curve ofa radius of ten (l0) feet connecting the easterly line of Wyoming Avenue with the northerly dine ofsaidSusquehannJ. A venue, and extending northwesterly by said arc or curve of a radius often (10) feet,adistance of fifteen and seven. hundred, eight one-thousandths (15.708) feet to a point in the easterly line of said Wyoming Avenue,. at the northwesterly. extremity of said arc or curve; . thence. along the .easterly line of said Wyoming Avenue, North ten (lO)degrees, twenty (20) minutes West, .onehundred thirty (130) feet to.a point; thence North seventy-nine (79) degrees, forty (40) minutes East, ftfty (50) feet to a point; thence South ten 910) degrees, twenty (20) minutes East, one hundred forty (140) feet toa point in the northerlyJine of Susquehanna Avenue aforesaid; and.thencealong the north em line .0fSusquehanna Avenue, .South seventy-nine (79) degrees; forty (40).minutes.West, forty (40) feet to the place of BEGINNING. HAVING THEREON ERECTED a two story frame dwelling house, No. 278 Susquehanna A venue, Enola, Pennsylvania, TAX PARCEL #09-14-0832-093 EXHIBIT A -" ~~ , - ......,"" .""- ,jlI~~_......,~ ~" ~ ~" V~ _,~ , _~".~_... '. 0 (d () :;:- c::> 'TT c... -0 rc ~:t n fl1r- ~-- Z:.' f1 ;-~ t. Y (J) ~_. GO '< .. ~:j C) !< c: ~;>''' ;~'l ,<, C) --v '~2 (~ ~ .-"'" C \.0 S~ln );> c: ~3 ~ -;;; 5:) -,. -< C'_ ':.':: co (') -, -',-I '._'.:J 1" . '~1 : .:.: -<:; ..,~ "1 ,In. _llJNfilf8!!~~!~~'~6~~"!1!II'~!i'lffIi!;!~IJIj~f)l;!~111!mM~\'i~I\'ll~.~ akR Serflces fOlr Professional.s me. 235 SOUTH 13TH STREET PHILADELPHIA, PA 19107 PHONE: (215) 546.7400 FAX: 215-985.0169 Philadelphia Association of Professional Process Servers PlAINTIFF(S) GMAC Mort DEFENDANT(S) Richard L. Trostle Sr. SERVE AT AFFIDAVIT OF SERVICE CASE NO. DATE RECEIVED 2000-1421 Civil June 20 2000 Court of Common pleas of Cumberland Count Type of Service Notice of Real Estate Sale 6680 N. Silverbell Road Tucson, AZ 85743-9757 SERVE BY: July 3, 2000 COMPANY CONTROL NO, CS135600A REFERENCE NO. Accepted By: Served and made known to Richard L. Trostle. Sr. on the ":Z<j day of ...::r-c.JV\.... , 20..aLL , at L lo'5?O Al, c;-; 'II a,J e/I o'clock, 9':/9 1'1- M. at rV(?:{'e>JV, , Commonwealth of Pennsylvania, in the manner desc'ribed below; D Defendant(s) personally served. D Adult family member with whom said Defendant(s) reside(s). Relationship is o Adult in charge of Defendant's residence who refused to give name or relationship. D Manager/Glerk of placing of lodging in which Defendant(s) reside(s). o Agent or person in charge of Defendant's office or usual place of business. D Posted D Other DESCRIPTION AGE /'t 7--' HEIGHT 'JU'" WEIGHT /~ DRACE W ==========:======================~==================================================== s-D SEX fI/\ On the _ day of Defendant not found: _Moved , 19_, at _Unknown _No Ans o'clock, _M., _Vacant _Other ----------.--------------------------------------------------------------------------- ~--------_._-------------------------------------------------------------------------- DEPUTIZED SERVICE Now, this 20 day of June, 2000, I do hereby deputize the Sheriff of County to serve this and make return therof and according to Law. By (Competent Adult) County Sheriff's Check $ ==========:=========================================================================== *** Special Instructions *** 1 of 2 . NAME OF SERVE.R proc~s.~SE0 . : L \I '" ::J).<.J~>< being duly sworn according to law, deposes and says that he/she is process server herein names; and that the facts herein set forth above are true and correct to the best of their knowledge, information and belied. Sheriff Process etent Adult Sworn to & subscribed before me this d it? daYOf~20~ law Firm Thomas I. Puleo, Esquire Attorney's Name Address Sui te 206 Blue Bell PA 19422 Telephone # 941 6050 @2000PhlladelphiaAssoc. of Professional Process Servers Rev 1 Identification # 27615 Ie: PRO PROTHY September 6, 2000 DATE For Plaintiff 1710 Walton Road -"-"n)';fl!~'iI"!!II~~~~"11~''''''''IR~_--V< _,~ "\j!~!lW-!f~,~~--f?'>"','4""'- ..___..~___W_~i!1~< """''1l~''''':"","""",~-_"""""","''''~~~~., .... . ~ IN THE COURT OF CDMMDN PLEAS STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION vs RICHARD L. TROSTLE, SR. CASE ND. 2000-1421 JUDGE AFFIDAVIT OF STATE OF ARIZONA) ATTEMPTED SERVICE COUNTY OF PIMA ) THE AFFIANT, being sworn, states: That I am a private process server registered in the County of PIMA and an Officer of the Court. On 06/23/00 I received the NOTICE OF SHERIFF'S SALE OF REAL PROPERTY; from B&R SERVICES by I personally attempted to SHARON TROSTLE and in each instance serve a copy of each document listed above upon: on 06/26/00 at 10:00 am at 6680 N. SILVERBELL RD. TUCSON, ARIZONA in the manner shown below: AFFIANT ATTEMPTED SERVICE AT THE ADDRESS GIVEN AND FOUND THAT SHARON TROSTLE DOES NOT RESIDE AT THE GIVEN ADDRESS. PER DISCUSSION WITH MR. TROSTLE AT THE ADDRESS, SHARON TROSTLE RESIDES IN PENNSYLVANIA. c~r-~ DAVID DUAX Affiant Subscribed and sworn 0 b fore me the Ju 2000 598759 B&R ~~lIffi - ',. ~,-, ~,~-~' '" ~..., ~ " II "'MIJQ~i!'lIt:i"ffl~.w;:",,!.l~m, . - ,~ ~ -. . . 0 C) ~ C 0 <' .of'"' - :~j CQC[: C "<:_-,j ,- ';= -?S:. '-::1(j ~- ~j<=i: a ~;c -0 ~; c:; ::r."~ " -,,( ) :::r: ~.~~ ~'O J>c ~) Gin ~ ---i :::> >' -< '-:J :n -< .. m~~\,w~~,~')i'f!';!-"~~~~""~!W'j""'!;W':;''''''''''-''''~I'%l'''r:RIW'''W<':1'f;!li\'",s..;~l"H;-!'":-1;F'0i'~fJlm!i>00t.~~ . B&R Seryldes for Professionals Inc. 235 SOUTH 13TH STREET PHILADELPHIA, PA 19107 PHONE: (215) 545-7400 FAX: 215-985-0169 / Philadelphia Association of Professional Process Servers AFFIDAVIT OF SERVICE CASE NO. 2000-1421 Court of Common pleas of Cumberland Count Type of Service civil Action Mortgage For~closure PLAINTIFF(S) GMAC Mortgage Corp. DEFENDANT(S) Richard L. Trostle SERVE AT 6680 N. Silverbell Road Tucson AZ 85743-9757 SERVE 8Y: May 3, 2000 COMPANY CONTROL NO. CS132856A REFERENCE NO. Accepted By: Served and made known toR i c ha r d L. Tr ost 1 e on the :J.~; +J fJAr1(l , at g'; S'o o'clock, I1.M day of A 0/2; I , at bb"60 N. Si/1l8l/.6t1J f2d. J ItAt'SIM, Az. Commonwealth of Pennsylvania, in the manner described below: ~ Defendant(sl personally served. Adult family member with whom said Defendantls) reside(s). Relationship is S (~-fell. Adult in charge of Defendant's reSidence who refused to give name or relationship. D Manager/Clerk of placing of lodging in which Defendant(s) reside(s), D Agent or person in charge of Defendant's office or usual place of business. D Posted D Other DESCRIPTION AGE 4 r:;. (fJ.th'1 Houck) HEIGHT 5'3 I' WEIGHT J~ RACE {/AtJ <!.. SEX r:: ---------.--------------------------------------------------------------------------- ---------.------------------------------------------------------~-------------------- On the day of Defendant not found: , 19_, at ___Moved ___Unknown ---f~o Ans o'clock, _M., ___Vacant ___Other ==~~=====:~=====================================================~===================== DEPUTIZED SERVICE Now, this day of , 19_, I do hereby deputize the Sheriff of County to serve this ___Summons ___Complaint ___Other and make return therof and according to Law. 8y (Competent Adult) County Sheriff's Check $ ====================================================================================~ *** Special Instructions *** Routine 1 of 2 Sheriff Process Server j Competent Adult OffICIAl SEAL & subscribed before me this daYOf~~ NAME OF SERVER Process Server being duly sworn according to law, deposes and says that he/she is process server herein names; an that the facts herein set forth above are true and correct to the best f their knowledge, information and belief. I I Law Firm ,0 Atto~y's Name Th()m:::!~ T Pill Ail.; ~<:::C'J Address --5.J.Li t A ?OA 81ue 8ell PA 19422 Telephona # 941 6050 @1990PhiladelphiaAssoc.ofProfessional Process SelVers Rev 1 For P 1 .-::l -1 nt -1 -Ff" 171 () hI:::! 1 tr'ln Rr;::::IIJ "tRY-lith n:::!tp PRO PROTHY Identification #? 7 h 1 ~ TlJ ne 1, ?OOO DATE "i'*:~~~)'-~fJ'lI'l!~l!!~~,,",,~lF"'~;~IF"'''"",'''f,~;C~#";;*'i'''Ji;;t;~~1I'',~~O-~u.<~~~~.",,'f~~_.,"__,~ 1lW11M~~~.~ ~~LJlCi11;_"~~~~~,, . . - .......' AFFIDAVIT OF SERVICE OF PROCESS BY PRIVATE PERSON H&C FILR NUMBER: 67727/2725 COMMON PLEAS DIVISION COURT ' CUMBERLAND COUNTY, STATE OR - _&..... PiN~VIlNIA 2000 1421 CAUSE NO. State Bar No. : GMAC MORTGAGE CORPORATION vs. RICHARD L. TROSTLE, SR. AND SHARON C. TROSTLE, HIS WIFE STATE OF ARIZONA County of pima The undersigned, being. sworn, states: That I am a registered private process server in the county of PIMA, and an Officer of the Court. 55. On 04/24/00, I received the Civil Action-Mortgage Foreclosure Complaint from B&R SERVICES FOR PROFESSIONALS and in each instance I personally served a copy o~, each document listed above on those named below in the manner and at the time and place shown, that all s~rvices, except where noted were made within pima County, Arizona. Upon RICHARD L. TROSTLE, on 04/26/00, at 8:50am, at the usual place of ,abode 6680 N. SILVERBELL RD., TUCSON, AZ, by service of a set for each subject upon Cathy Houck, sister, a person of suitable ~ge and discretio residing ther n. Subscribed and sworn to before me Affiant My cOllllllissionexpires: 06/04/01 . OfRCIAL WI ' ,!':NNIFERR MADRID N ,fIlry PUblic. Stale 01 Arizona PIMA COi!N1Y My Comm, Ellfl"'I$ June 4, 2001 114...... ' CAMPIILLTUCSON INC, 177 NORTH CHURCH AVENUE, SUITE 105 TUCSON, ARIZONA 85701 TELEPHONE: (520) 628-9737 , ,\.,~~ - -0- . ~. _ TI "'."" ilIJi!Ii~Iliti~~~i~'illil~''ili.\iWiI$i~~;;;'ij,!;i@lm''''''''-&'',"'-l''i''M~''"o''';~;i''!J~~.-r_it' " -- , ~~~ ,,-~ ~, , .-"-' -'~-- ~-~ ~!IH!il}~ltlli!jl;&;i~ [ W"'~b"'""~ --~-.,"""'"".. - >~ .[ I i I "" B&R Se~Ce8 fOJ~ Pro~s8ttna1s Inc. 235 SOUTH 13TH STREET PHILADELPHIA, PA 19107 PHONE: (215) 546.7400 FAX: 215.985,0169 Philadelphia Association of Professional Process Servers AFFIDAVIT OF SERVICE PLAINTIFF(S) GMAC Mortgage Corp. DEFENDANT(S) Sharon c. Trostle SERVE AT 6680 N. Silverbell Road Tucson, AZ 85743-9757 DATE RECEIVED June 20, 2000 our 0 ommon eas of Cumberland County ype 0 erVlce Notice of Real Estate Sale SERVE BY: July 3, 2000 COMPANY CONTROL NO. CS135600B REFERENCE NO. y: sharon C. Trostle Served and made known to on the day of ,20_,at o'clock, M. at Commonwealth of Pennsylvania, in the manner described below: D Defendant(s) personally served. D Adult family member with whom said Defendant(s) reside(s). Relationship is o Adult in charge of Defendant's residence who refused to give name or relationship. o Manager/Clerk of placing of lodging In which Defendant(s) reside(s). D Agent or person in charge of Defendant's office or usual place of business. o Posted &;Ig(t'~rIPTION AGE 0u-~ HEIGHT WEIGHT RACE ~--------_._-------------------------------------------------------------------------- -------------------------------------------------------------------------------------- On the _ day of Defendant not found: , 19--'---., at ___Moved ___Unknown ___No Ans o'clock, ---.M., ___Vacant ___Other :=========:=========================================================================== DEPUTIZED SERVICE Now, this 20 day of June, 2000, I do hereby deputize the Sheriff of County to serve this and make return therof and according to Law. By (Competent Adult) County Sheriff's Check $ ~=========:=========================================================================== *** Special Instructions *** 2 of 2 NAME OF SERVER Process Server Sworn to & subScribed before me this being duly swom according to taw, deposes and says that he/she is process server herein names; and that the facts herein set forth above are true and correct to the best of their knowledge, information and belief. day of 20 Ihomas ~ ompetent awt U eo, sqUlre Sheriff Law Firm Identification # ~i61o ATTES,sa e: PRO PROTHY September 6, 2000 DATE Attorney's NaIDe t t ':>u e ':vo Address BILle !:leI I PA .l'14':" ~41-6050 Telephone # @2oo0 Philadelphia Assoc. of Professional Process SalVers Rev 1 F I-'lalnt.l TT or .lIlt) walt.on Road -"""~~1!l'N_.!~ll!l~M~~ilbl1fl1li,'~''';;~,0J''''"'''_<,-"!,,,_,.._--;ll,",_''--~~H\lMle;r&Pl ,~.Il~_ "1 _~""_,~Iil~"""",... ~, ~.~ ._-~" -,m,_,~,. ~~-!\lf.~~~ " / ~ "'''ii1jll ~ , ~, , ,# IN THE COURT OF COMMON PLEAS STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION vs RICHARD L. TROSTLE, SR. CASE NO. 2000-1421 JUDGE AFFIDAVIT OF STATE OF ARIZONA) ATTEMPTED SERVICE COUNTY OF PIMA ) THE AFFIANT, being sworn, states: That I am a private process server registered in the County of PIMA and an Officer of the Court. On 06/23/00 I received the NOTICE OF SHERIFF'S SALE OF REAL PROPERTY; from B&R SERVICES by I personally attempted to se~ve a copy of each document SHARON TROSTLE and in each instance listed above upon: on 06/26/00 at 10:00 am at 6680 N. SILVERBELL RD. TUCSON, ARIZONA in the manner shown below: AFFIANT ATTEMPTED SERVICE AT THE ADDRESS GIVEN AND FOUND THAT SHARON TROSTLE DOES NOT RESIDE AT THE GIVEN ADDRESS. PER DISCUSSION WITH MR. TROSTLE AT THE ADDRESS, SHARON TROSTLE RESIDES IN PENNSYLVANIA. /s/DAVID DUAX Affiant Subscribed and sworn to before me the Jun 27. 2000 Is/Priscilla C. Dominquez Notary My Commission expires: 12/20/2003 598759 B&R ^~',"' .' ~- ~' I II i, '<"", ,. "', --. .--, I .. " -"'''''....,. ., -~ ,- -. o .-- g ,Jet; rnn... ~~~~; -<';;" r'c5; ~: zO -0 Pc ~ ~ .. A , C) Q CJ -,1 .:"-} , ~ ;== a ..-' !If .J '.~' ~j6 gF~ .-1 'to' 5:J -< 4T; ~: w .. o t::> '''' ." l!!1!if '""'" 1~~"1::~%ff?li~"~~~~~!!l;~ ~...,~_ '"~!l:IlR'M!I~~I~ , .' B&R 235 SOUTH 13TH STREET PHilADELPHIA, PA 19107 ,PHONE: (215) 546-7400 FAX: 215-985-0169 / Philadelphia Association of Professional Proce;;sServers Services for Professionals Inc. AFFIDAVIT OF SERVICE CASE NO. DATE RECEIVED PLAINTIFF;S) offi1~AJf(S) SEftOHfn C. Court of Common Pleas Type of Service Civil Action Mortgage Foreclosure 6680 N. Silverbell Road Tucson AZ 85743-9757 COMPANY CONTROL NO. CS13;. REFERENCE NO. SERVE BY: May 3, 2000 Accepted By: Served and made known toS ha r 0 19 (J(,t!J C. TroCltle day of IlpDi I at 6b~O No St!vM!>dJ Rd. ) /UCSt1Y/) .47. Commonwealth of Pennsylvania, in the manner described below: ~ Defendantls) personally served. _ . I Adult family member with whom ~aid Defendantls) reside~s). Relationship ~5 ~ 1.s-[,1l.." ,,.; a.w Adult in charge of Defendant's residence who refused to give name or relationshIp. o Manager/Clerk of placing of lodging in which Defendant(sl reside(s). o Agent or person in charge of Defendant's office or usual place of business. D Posted D Other DESCRIPTION AGE 41 JIIIPO..JL.. , at '8:5'0 o'clock, If-. M on the ( {lal~y HoucK J HEIGHT 5~1I WEIGHT 180 RACE ~IJ/JL.. SEX r:: ------------------------------------------------------------------------------------- ~--------,---------------------------------------------------------------------------- On the . day of Defendant not found: , 19_, at o'clock, _M., ___Moved ___Unknown ___No Ans ___Vacant ___Other :========~============================================================================ DEPUTIZED SERVICE Now, this day of 19_, I do hereby deputize the Sheriff of county to serve this ___Summons ___Complaint ___Other and make return therof and according to Law. *** Special Instructions *** Routine. 2 of 2 Process Server / Competent Adult Notary PUblic. Slate of Ari PIM, {;(~JN1Y Mv Ccmm ['f"rf~ ,moo 4, 2 01 Sworn to & subscribed before me this 7 daylJpUL y~ NAME OF SERVER Process Server belng duly sworn according to law, ,i deposes and says that he/she is process server herein names; that the facts herein set forth above are true and correct to the be to their knowledge, information and belief. Sheriff roth. Date PRO PROTHY law Firm Thornas 1. Puleo. Esquire . Atto;ney's Name Thomas I. Puleo. Esq. . Address Su i te 206 Blue Bell PA 19422 Telephone # 941-6050 ~ @1990 Philadelphia Assoc. of Professional process Servers Rev 1 A For Plai nti ff 1710 Walton Road Identification #27615 June 1, 2000 DATE '-,:;'~~..".,~I~.a~_f,~~~~i..l-l,"~'~\"".,""";";'~Ilf'l',"f~~it'!<'pd;l\ilII~.\!ml$;;;;iflWJ"HI~~_g.d!lrl!,_. .~~ 1!!MI!llr1 ~4 Jit.. _ P~;'J ~U~,' !%I$,.w;~~~ ',4'- " , ,_ ", '. AFFIDAVIT OF SERVICE OF PROCESS BY PRIVATE PERSON H&C FILE NUMBER: 67728/2725 COMMON PLEAS DIVISION COURT CUMBERLAND COUNTY, STATE OF __.___"'" PJH1WSYLVAtJJA 2000 1421 CAUSE NO. State Bar No. : GMAC MORTGAGE CORPORATION vs. RICHARD L. TROSTLE, SR. AND SHARON C. TROSTLE, HIS WIFE STATE OF ARIZONA County of Pima The undersigned, bein~ sworn, states: That I am a registered private process server in. the county of PIMA, and an Officer of the Court. SS. On 04/24/00, I received the Civil Action-Mortgage Foreclosure Complaint from B&R SERVICES FOR PROFESSIONALS and in each instance I personally served a copy of each document listed above on those named below in the manner and at the tim~ and place shown, that all services, except where noted were made within pima County, Arizona. Upon SHARON C. TROSTLE, on 04/26/00, at 8:50am, at the usual place of abode 6680 N. SILVERBELL RD., TUCSON, AZ, by service of a set for each subject upon Cathy Houck, Sister-In-Law, a person of suitable age. and discreti~n resi ' g therein. ~ Subscribed and sworn to before me Affiant My commission expires: Notary Public (I 0fFlCIIl SEAL JENNIFER R.MADRID No!aIy PubBc . stale 01 Alizona .. PIMA COUNlY MyComfn; Expires June 4, 2001 "IIA_.MI.. C4IIPIILLTUCSON INC. . 1n NORTH CHURCH AVENUE, SUITE 105 TUCSON.AR~ONA85701 TELEPHONE: (520) 628-9737 f.. "1 . iMJllllmuw~J~~1~lilli!i!ililW""""""-""""JMiI111Mil.%\h'!!'i'lll:!E4'ii1r.'~-tl:!J-;,",,,~--''''rdi'- ~liiiliIiI~ ,~~~ ,,- Mi:IliIlL .... ~~, ,,,-, ~-"'- ~ .~, "'~ ",.~,." ~" ",--. =~ ~~mltlil!:l!l,;!~ .- ~ o c -n,$: l-n r.q 2rn -.:;:_:J::,I """-t; ~:2: ~o p. .:z C) j;:t') G ~ II CJ <::> :J!: ;b. -< I U) ;e,. ::n: '?J .:J1 r" .-. .< -1 o ..,., ::;1, FT;;;r) TJ:f"'O' :0. c;; :r " <;:)~ om M ?i5 -< " n " THOMAS I. PULEO, ESQUIRE : Identification No. 27615 ! 171 0 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION v. : No, 2000-1421 Civil RICHARD L. TRSOTLE, SR. and SHARON C. TROSTLE, his wife PRAECIPE FOR JUDGMENT Enter judgment in favor of the Plaintiff and against the Defendant(s) for want of an answer and assess damages as follows: Principal Debt Interest from 6/1/99 through 6/8/00 Late charges accrued through 6/8/00 Escrow deficit Attorney fees Title information certificate $82,944.19 6,799.32 302,27 1,352,67 4,147.20 325,00 Total $95,870.65 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certifY that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attac . Pa.R.C.P. 237.1 ~ TH6MAS I. PUL 0, ESQUIRE Attorney for Plaintiff AND NOW ,)(1, \E::, 1-3 , 2000, Judgment is entered in favor of plaintiff and against defendants and damages assessed as per the above certification, e (L-j-,,;)~~ r6thonotary ,'i}o """--"'- "'" '- a ., ....,.,'. ~--" _lfii!~!Il!lli~~~~~, ",,__"'-m<,mt '"__.~"_'r_",",, ,_ "'I ~.,...""ftil(iIir,lW,W"l~Pl!!'!lI~Jn ~ -~ " I~~""_r__' ....;t;~"~ "'rtfu (') <:::> 0 c: 0 ~'Tl s: <- --:1 "'o-eJJ c::: ;:..o-:;ll rnIT; ~:f.~ 2::-1.:' ,:_~~~ Z'-" 0) ~::. ~Cl :p" ;~~~ ?2:Q ::t': ",., C , '-P. t; :Pc -=-1 Z ,../) JE =< 0 '-< "~..~ ~,.r~ _~~~ I ! THOMAS 1. PULEO. ESQUIRE Ii Identification No. 27615 1: 1710 Walton Road. Suite 206 i: Blue Bel1. PA 19422 Ii (610) 941-6050 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION v. : No. 2000-1421 Civil RICHARD L. TRSOTLE, SR. and SHARON C. TROSTLE. his wife To: Ms. Sharon L. Trostle 6680 N. Silverbel1 Road Tucson, AZ 85743-9757 Date of Notice: May 22. 2000 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT UNDER Pa,R.C,P.237.1 IMPORTANT NOTICE YOU ARE IN DEF AUL T 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 WI:rHIN TEN DAYS FROM THE DATE OF TIllS NOTICE. A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY AND OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TillS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 /? .,) til11td/ J,~tZ-tJ THOMAS I. PULEO" Attorney for Plaintiff 'i1!Io1'l~il ,~, I , 'I l"~ . !",..- ,~" ~~ ~~ 1I~~1I!I!Il~MmIl 'I ~w~ 0 ~~ 0 c: <::) "n ~ , ~. ~;::I -0 e:, E " m fY"! --.,,,, ;:11 Z ~ ,'~ p r':"'-- -,-, rn Z - i~~~ c..) ~~: ;!:;:: L) .~~~; ~~! !<. [: ~.:;~ I~;~P' }~: C.'! L. C ,-11 J;:: '!? -,:) c: -~ Z W '1> --I :J,.,) -<. (:J -< ,"11ft , "!lPlPlilffl,_~="'.t"l~~I'"l~'!'l~#J;!JiII1I\lIIl~~!![.,"""!""""",,,"',~IlJ~'lf~ THOMAS I. PULEO, ESQUIRE Identification No. 27615 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION v. ; No. 2000-1421 Civil lUCHARD L. TRSOTLE, SR. and SHARON C. TROSTLE, his wife To: Mr. Richard L. Trostle, Sr. 6680 N. Silverbell Road Tucson, AZ 85743-9757 Date of Notice: May 22, 2000 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENTUNDERPa.R.C.P,237.1 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY AND OTHER IMPORtANT RIGHTS, YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOt HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 d I ) ..fkn:dv' )>:l\.j-lce~ THOMAS I. PULEO"" Attorney for Plaintiff .''''ffill .... ., , "I ~~ -'- . " " ~ ". ~ ~, ~~~!!!lJ!!Il'~I""""" jijDwt1~lt~JilIIJ,~ 1 o C 7'" -rJ--rrJ rnrr: -","'"n ~~~~ .-<....<'.';': I~CJ ).~C') ;SC'J ;pc: 2'':: =<, r"'l 5 , c:: ~,' - o -on 0) :! '''7;,t~j -?;() ._~::~~~ Scn "<> '~D :<: ~:~ '-P. :N ,::> __~I!f~~"~""'mllfl'~~!&~-'tll'!i~m~~ ",." ~~Itlf~lfiI!t~I~~ltm>>~PliI!fi~IIlIw./J~~J.(lIll!lt1!i\!:l . I B& Services f~jr.rofessiona1s Inc. .. . ~',-.' :,. \' ...._,-.' _ "-""-"'.:-, ,'"'r .-' 1. 235 SOUTH 13T.HSTR$ PHILADElPHIA;:PA 1910-7 1PHONE: (215) 546-7400 . FAX: 215.985-0169 1.... . ". PhiladolplUa . Association of Professional Process Servers .:"." . AFFIDAVIT OF SERVICE CASE NO. DATE RECEIVED .AINTIFAS) ~M6i' """.......... t ::FENDANT(S) .., Court of Common Pleas ~ e:.h~Y"r,n r ,RVE AT Type of Service' Civil Action Mortgage Foreclosure 6680 N. Silverbell Road Tucson AZ 85743-9757 )MPANY CONTROL NO. C'''ln,,$f,g REFERENCE NO. SERVE BY: May 3. 2000 rvedandmadeknowntoSharon C. TrQstle -"'c':} oJ ./ 9,' .5'0 IJ the ,0,. day of t OP I ' .5l!!,OO . at 0 o'clock,' . III bbto if S,/i/MbdIPA.', 1U(;5tJY1, II? , ,mmonwealth of Pennsylvania, in the manner described below: ~ ~:~~~::~:~} ~:~~:;~i:he:~:;'lSaid Defenda~t(S) reside(s).Relationship is S i5.fm, ' 'f, - 'c.uJ . ((~ -Ihy-o ~DU ~) ; D- Adult in charge of Defendant's residence who'fefused to give name or relationshi"p. " . mqJ =< {ilp O . Z~ Manager/Clerk of placing of lodging in which Defendantls) reside(s). I . z: C I." m cn~ \D :"9 o Agent or person in charge of Defendant's offic~ or usual place of business. -< Z ~ 0 O . O:::::C:,' - ','-c. Posted -- :>0 l-r:f a:D O Other Zo -;;..0 , " 5~-- CO ~:sni DESCRIPTION AGE 41 HEI~HT 5 3 " WEIGHT /80 RACE (lfltlC - Ex;;.{ s:;! =========================================================~======~=~=~========= Accepted By: On the ______ day of Defendant not found: ._.....:.. .19~, at -.' o'.clock, -,--M., ___M~~ed ~~Unkn6wn ___No Ans ___Vacant ___Other ;:::::;::::::::;:;;:::::;: =::::: =::::::::;::::::: :::== == =:::::=:::: :::=== ====:::::::::::: =::::::::::::: =::::::::::::::: :::::.;;:::::;;:: ======== === ===:::::::::: ==:;::;;:;: =====:::: ===:::. ====.== =;;:::. DEPUTIZED SERVICE - How, this _ day of ._, 19____, I do hereby deputize the Sheriff of County to serve this . Summons Complaint Other 3nd make retUrn therof and accor'ding to' Law, --- - By (Compete'nt Adult) County Sheriff's Check $ ~==:::::====~===========~=========~======::::==========:::::======::::====;;:::=~::::========::::=======:~= *** Special Instructions *** Routi ne. 2 o'f 2 \ME OF SERVER '. ; "ocess Server ' f , ~ '"'l '..', \~;. f~1ii: ,t'ft>. f~ Of , lJ rJ~. v' " "Sworn to & subscri ed before me this /} "'7 ., olfdayf ,kfdZ -~,.\- W"._.' '.f-''tJ~. being duly sworn according ~o law. poses and says lhat he/she is process server herein names; slid It the facts herein set forth above are true and correct to the blft 01 r 'ir knowledge, information and belief. ,( Process Server / ~ t4 .. .riff Competent Adult r ! .'" ",Firm Thomas I. Puleo, Esquire to;;;ey'sNameThomas I. Puleo, Esq. Idress Su i te. 206 _ Blue Bell PA 19422 lephone# 941-6050 '990 Philadelphia Assoc. of Professional Proc6S$ Servers Rev 1 For Plaintiff 1710 Walton Road 7 'r / Es?roth. Date PRO PROTHY i Identification #27615 June i. 2000 DATE .'~,~~,~~'-- ~-~ ~-j ~,:, "~:.~~~ ~ ~ ~ ~ ~, :';1ili3~, , , ... , I"~ r .., AFFIDAVIT OF SERVICE OF PROCESS BY PRIVATE PERSON H&C FILE NUMBER: 67728/2725 COMMON PLEAS DIVISION COURT CUMBERLANb COUNTY, STATE OF ._.___"" PEllwsrLWHJlR 2000 1421 CAUSE NO. State Bar No. : GMAC MORTGAGE CORPORATION vs. RICHARD L. TROSTLE, SR. AND SHARON C. TROSTLE, HIS WIFE STATE OF ARIZONA County of Pima The undersigned, bein~ sworn, states: That I am a registered private process server in. the county of PIMA, and an Officer of the Court. ss. On 04/24/00, I received the Civil Action-Mortgage Foreclosure Complaint from B&R SERVICES FOR PROFESSIONALS and in each instance I personally served a copy o~ each document listed above on those named below in the manner and at the time and place shown, that all services, except where noted were made within Pima County, Arizona. Upon SHARON C. TROSTLE, on 04/26/00, at 8:50am, at N. SILVERBELL RD., TUCSON, AZ, by service of a set Houck, Sister-In-Law, a person of suitable age. and the usual place of abode 6680 for each subject upon Cathy discretion resi . 9 therein. Affiant Subscribed and sworn to before me ( 04/26/00 jS/ B BY CANDELARIA My commission expires: 06/04/0 Notary publ i c . OFFICIAl SEAL JENNIFER R. MADRID Notary PubUc. state ot Arizona PIMA COUNlY My Comm. ExpiresJune~. 2001 clIIIf~SON'NC. 177 NORTH CHURCH AVENUE, SUITE 105 TUCSON. ARIZONA 85701 TELEPHONE: (520) 628-9737 - ,~_. . -I - B&R SerPe.. for Professlclpals IDe. ,;. . ""..... ..1. . ~""'" 235 S()U+~l~STR!!ET '~c;, ,::>(;, · PHILADELpHIA. PA>i9107 PHONE: (215) 546.7400 FAX: 215.985-0169 .1 .. " , AFFIDAVIT OF SERVICE Philadelphia . Association of Professional _ Se<ven ....r.- ,(:; -. ~ AINTIFF(S) GMAC Mortgage Corp. ,FENDANT(S) Richard L. Trostle ,RVE AT ~s CASE NO. DATE RECEIVED 2000-1421 April 20 2000 Court of Common Pleas of Cumberland County Type of Service Civil Action Mortgage Foreclosure 6680 N.Silverbell Road Tucson AZ 85743-~757 SERVE SY: May 3, 2000 JMPANY CONlTROL NO. CS1328561f- REFERENCE NO. eyed and made known to R i c ha r d c;/ -iJ the :! t;. day of .L. Trostle AcceptedSy: A O/?; / I . f:,b '66 IJ. c;; IIJfT?h,/fC), , 1(;(>)(,." , A'7.. 2 g : / mmonwealth b'f pennsylvania, in the manner described below: --u 5S e~ \~ ~ o Defendant's) personally served. , '---,- I rp t.;.; -< :n ~AdultfamilymemberwithwhomsaidDefendantls)reSidels). Relationship is SI<;-ffl/. (fc..f.."y hOVtk) :Zc ,b ~g~ -1 0 Adult in charge of Defendant's residence wno refused to give name or relationship. ~ 'i~ ~~ ~. o Manager/Clerk of placing of lodging in which Defendantls) residets). '< C ~ b ~ O ~Q Zm Agent or person in charge of Defendant's office or usual place of business. '5 Ci CB g OPosted .' . _' ~ :.:1 '55 g~~RrIPTION AGE 4 r:; H~IGHT 5'3" ~IEIGHT /s-u RACE(lAu (! Sa d" '< . '. ~====================~====~~=========~===========================~===========:::::=====- )nthe___d.ay of _ ,19,_, at o'cloc'k, --:.)1., !efendant. not found: _Moved _Unknown _No Ans __Sa6ant _Ot.her _____, bl~,at fJ: 5-0 , /, L:.._:~ (/1'/1. . '.' I.~ , p'clock', .~t"I/ , i A-~ -'''':i :;:.:::: =::::: =::;:=:::: -:.:=;;;:;:::::: ::::::::::;: ===::::: =;;:;:. == ===::::: ===== == === = -=::::: = == == == == === == ===- ;::;:.=:; =::::.::: === :::::::::.:=== == == = == ==:::::::::::::: == == DEPUTIZED SERVICE ,low, this __ day of , 19_,__, I do hereby deputize the Sheriff of _ County t.o serve t.his Summons Complaint other lnd make return t.herof and accordinglto Law. - - By (Competent ~dult) County ~heriff's Check $ ~=====~=============~=====~=====================================~=========:::::======= -** Special instruct.ions *** Routine 1 of 2 ,ME OF,SERVEB ."1 "', I' : cocess Serve'r " , " ." ":, being duly sworn ac~ ,I" ~o law, loses and says that he/she is process server h~reln name.s; and., t the facts hetein set forth above ate tfue and cortecUo the best of ir knowledge, information and belief. , 7!~0 t::b;q;;~1 ~i~ "lriff Process Server I Competent Adul ~(' vFirm Tho s I o;;;ey's Name Thomas dress Su i t e :>06 Slue Sell PA 19422 ephone# 941-6050 ~90 Philadelphia Assoc. of Professional Process Servers Rev 1 FSQ For P 1", ; nt ; ff 1710 W",itnn Rn",rl SlPn)th fJi'lte PRO PROTHY Identification # 2 7 615 June 1. 2000 DATE \ --.-'---..-_--'_.__._.____-___,_._'--....:......-...--1.~;_________._,~..__L____=__ -'-"'ll'I~~~. _ ,.. ('~ . . AFFIDAVIT OF SERVICE OF PROCESS BY PRIVATE PERSON H&C FILE NUMBER: 67727/2725 COMMON PLEAS DIVISION COURT CUMBERLAND COUNTY, STATE OF. - _A'L..~ P&JIJSYLVANIA 2000 1421 CAUSE NO. State Bar No. : GMAC MORTGAGE CORPORATION vs. RICHARD L. TROSTLE, SR. AND SHARON C. TROSTLE, HIS WIFE STATE OF ARIZONA County of pima The undersigned, being. sworn, states: That I am a registered private process server in the county of PIMA, and an Officer of the Court. ss. On 04/24/00, I received the Civil Action-Mortgage Foreclosure Complaint from B&R SERVICES FOR PROFESSIONALS and in each instance I personally served a copy of each document listed above on those named below in the manner and at the tim~ and place shown, that all services, except where noted were made within Pima County, Arizona. Upon RICHARD L. TROSTLE, oil 04/26/00'; at 8:50am, at the usual place of abode 6680 N. SILVERBELL RD., TUCSON, AZ, by service of a set for each subject upon Cathy Houck, Sister, a person of suit. able age and discretio residing ther n. 04/26/00 Is/ BO Affiant Subscrlbed and sworn to before me CANDELARIA My conmission expires: 06/04/01 . GF_LWL .!':NNIFER R MADRID N .laIY PUblir. Stale 01 Arizona PIMA C(),;NlY My Comm. Exp"eS,lune 4, 2001 HA_INI. CAMJlll'LLTUCSON INO, tn NORTH CHURCH AVENUE, SUITE 105 TUCSON, ARIZONA 85701 TELEPHONE: (520) 828-9737 - ~..~-.-.-:-"-~'~ --. ""'\1 ~~ '--"'- "',. . H_ "., ~_....~mll!_ ;I~.,J_" ,~.,,,,,,",MU -. ~ - -, " '-" . ,~ , ~"~"'V .'-- "iill t N R ~ ...0 l*- . Il 0 (') C) ~ () C I.::J. '-, r ,', s "- )3 IJ (J.; Q.l !"';-; \...- ~ .() ,,"':- V .c:::::-:::; ii< ..... :ZC~ ~ ~ )0 F ~~~c:~ 0::- '~J l5' (j ~ i~f' :~....-, " lU '1 --!:. 1 ~~~ ;~~ .-- >'_: 'f? L- v;' Z """1 :..,) ,~ ::2 ~O (;:) -< I" _~~~''i!~~"~'l1l!~!f!lI~~~m<fflJli1!.\'~~'lll~Plll~IIf:ffl!mIMM THO~S1.PlJLEO,ESQtmRE Identification No. 27615 171 0 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW G~C MORTGAGE CORPORATION v. : No, 2000-1421 Civil RICHARD L. TRSOTLE, SR. and SHARON C. TROSTLE, his wife AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF MONTGOMERY THOMAS 1. PlJLEO, being duly sworn according to law deposes and says that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended; That Richard L. Trostle, Sr. is over 21 years of age, resides at 6680 N. Silverbell Road, Tucson, Arizona, and is employed by/as unknown, That Sharon C. Trostle is over 21 years of age, resides at 6680 N. Silverbell Road, Tucson, Arizona, and is employed by/as unknown. L~2 T)IDMAS 1. Pl.lIEO Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 22nd DAY ~'(i"\~ , ""., - ,'- . ,.,,-.- ",-~ - ".,' I'" ~ ,,"'," .0', '~""',-~ ",.,.Q(lI~!Ol j I _~~ f <,., ~""_ -1 ,'- __"~^" ,~ "UiI!J~~~~~nJ - ~ -, ,,- .,,_. -~"f(;,lll'-i'hl'-/~ (") c:> ~y{ C..: C') :s: L ,-{ ""'Ur'-' mf:-; '-- -n Zj:j :z: :": ze- i,.',J ~;;: c.....::. , t;:: C.'.'; c:) )> ~:: .. , z: Co ~;.? (c-~ r', J> ........ v:; (~,-i'i C Z ,,:, 'j;' .:< :n -< ~_~irr:8iJl"~Iji\:~P'~~ STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } ss. Robwer P Ziegler I, ____h_____________h___________________ ___nnnnn__ _________________h____ Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ________________ Secretary of Veterans Affairs . ____________________________________________________________________________________ ~ the grantee 1st the same having been sold to said grantee on the nn_____n__nn__n______________n________n day of n_________U.!'!."-":~~_~<:~_________________ A. D., 1!f_~?'QQ.9__, under and by virtue of a wriL________h___ Execution . 13th ________ _hhU___ _______n____ _nh_____ ___ _n _Issued on the _ h_n_nnn ___ __ __ h_ _ __ __ __ _______ June .J<x2000 . day of ____h__unn____n______ A. D., 1:1_n___" out of the Court of Cornman Pleas of saId County as of Civil xx2000 ______________________________ .__________________________________________________ Jrenn, 19_______ 1421 GMAC MTG Corp Number ____________n' at the suit of ____h________n__________n__n__n_h__h______________nn__ . Richard L Trostle Sr & Sharon C :. ___________________________________agalnst_____________~______________________________________ ~ duly recorded in Sheriff's Deed Book No. _!.~~_______, Page ___~_8_~_____. IN JrESJrIMONY WHEREOF, I have hereunto set my hand and seal of said office this __2_qn__ day of __f!~<..}_m_h_n_mh_____ A. D., .;?,r/E ~~~-R~;d.;;,-~in;.;d. ., , _., ,_r,~~ ,'_" . ~.'.. ..., _ ,__ ,-,. --,-- ',' ., T GMAC Mortgage Corp. -vs- Richard L. Trostle, SR. and Sharon C. Trostle In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-1421 Civil Shannon M. Sunday, Deputy Sheriff, who being duly sworn according to law, says on July 11,2000 at 11:57 o'clock A.M. EDST, she posted a copy of Real Estate Writ Notice Poster and Description on the property of Richard L. Trostle Sr and Sharon C. Trostle located at 278 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Sharon C. Trostle, by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver To Addressee Only t06680 N. Silverbell Road, Tucson, AZ. This letter was mailed under the date of July 11, 2000 and returned to the Sheriff s Office on August 9, 2000 with reason checked UNCLAIMED. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: the Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Richard L. Trostle, Sr. by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver To Addressee Only to 6680 N. Silverbell Road, Tucson, AZ. This letter was mailed under the elate of July 11, 2000 and returned to the Sheriff s Office of August 16, 2000 with reason checked UNCLAIMED. Michael E. Barrick, Deputy Sheriff who being duly sworn according to law says on 08/22/00 at 5:15 o'clock P.M. EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Sharon Trostle by making known unto Stuart Bogden at 202 East Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. R. Thomas Kline Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Sharon Trostle by regular mail to 202 East Winding Hill Road, Mechanicsburg, Pennsylvania. This letter was mailed under the date of August 23, 2000 And never returned to the Sheriff's Office R.Thomas Kline, Sheirff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the above premises at public venue or outcry at Court House, Carlisle, Cumberland County, Pennsylvania on November 1,2000 at 10:00 o'clock A.M. EST, and sold the same for the sum of $ 1.00 to Attorney Michelle Pida for Secretary of V eterans Affairs, his successors and assigns. It being the highest bid and best price quoted for the same Secretary of V eterans Affairs, his successor and assigns ofWissahickon and Manheim Streets, Philadelphia, Pennsylvania being the buyer in this execution paid to SheriffR. Thomas Kline the sum of$ 840.99 it being costs. " , \ -. - --" " Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer County Mileage Certified mail Levy Surcharge Postpone sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deeed Sworn and Subscribed To Before Me Thiso2b~Dayof ~ 2000, A.D. ~ Q ~. ':!Jri' Pro onotary . >, \ ~~ '~\ ~~~ 30.00 16.49 15.00 15.00 30.00 10.00 1.00 16.12 12.64 15.00 30.00 20.00 293.30 261.41 23.53 25.00 26.50 $ 840.99 Pd By Atty 11/09/00 ~~ R. Thomas Kline, Sheriff BYti.--_-Jt-::tl Real Estate Deputy ~ir-- .,~:,,<lccJ 3D'Uv \ ",0 I,at:> Gk. 3tJ'-{''ID Rev. /oijor .T, \, " THOMAS I. PULEO Identification No. 27~1~ 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 GMAC MJRTGAGE CORPORATION Attorney for Plaintiff CUMBERLAND COUNTY : COURT OF COMMON PLEAS '. v. RICIiARD L. TROSTLE, SR. and SHARON C. TROSTLE, his wife No. 2000-1421 Civil AFFIDAVIT PURSUANT TO RULE 3129.1 THOMAS I. PULEO, attorney for plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at 278 Susquehanna AVenue , Eno1a , Pennsylvania: 1. Name and address of Richard L. Trostle, Sr. 6680 N. Si1verbe11 Road Tucson, AZ 85743-9757 owner(s) and reputed owner(s): Sharon C. Trostle 6680.N. Si1verbe11 Road Tucson, AZ 85743-9757 2. Names and address of Richard L. Trostle, Sr. 6680 N. Si1verbe11 Road Tucson, AZ 85743-9757 defendant(s) in the judgment: Sharon C. Trostle 6680 N. Si1verbe11 Road Tucson, AZ 85743-9757 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None. -1- ... _._....__....-.-~.._- ....--;--.--..-.... ~.~ ~.~ 4. Name and address of the last record: PNC Bank National Association 2700 Liberty Avenue Pittsburgh, PA 15222 recorded holder of every mortgage of GMAC Mortgage Corporation 500 Enterprise Road, Suite 150 Horsham, PA 19044 (Executing mortgagee) 5. Name and address of every other person who has any record lien on the property: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Darrestic Relations Office CLn11berland <bunty 13 N. Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. r understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to'authorities. tla te: June 6, 2000 ,~2 THOMAS I. PULE'O Attorney for Plaintiff :Y.;);"",," -.... , 'I '. .. THOMAS I. PULEO Identification No. 27615 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 GMAC M)RTGAGE CORPORATION Attorney for Plaintiff : CUMBERLAND COUNTY _ ___ COURT OF COMMON-PLEAS v. RICHARD L. TROSTLE, SR. and SHARON C. TROSTLE, his wife No. 2000-1421 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO Richard L. Trostle, Sr. 6680 N. Si1verbel1 Road Tucson, AZ 85743-9757 Sharon C. Trostle 6680 N. Silverbe11 Road Tucson, AZ 85743-9757 Your real estate at 278 Susquehanna Avenue, Eno1a -Pennsylvania, is cheduled to be sold at Sheriff's Sale on Wednesday, September 6, 2000 " at 10:00 a.m., Curnberland'Cotinty Courthouse, 2nd Floor, Commissioner's Hearing Room, Carlisle, Pennsylvania, to enforce the court judgrrent of $ 95,870.65 obtained by GMAC Mortgage Corporation against you. NOTICE Of OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to GMAC Mortgage Corporation the amount of the back payments, late charges and reasonable attorney's fees due. To find out ho\" much you must pay, you may call: (~(610) 941-6050. 2. You may be the Court to strike i.mproper1y entered. for good cause. 3. You may also be able to stop the sale through other legal proceedings. able to stop the sale by filing a petition asking or open the judgment, if the judgment was You may also ask the Court to postpone the sale I I I I - I ~...~ '? "",. , - "I II ' You may need an attorney to assert your rights. The sooner you contact one, the more chances you will have of stopping the sale. See notice on page two on how to obtain an attorney. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND HAVE OTHER RIGHTS EVEN ~THE SHERIPF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling M06-3535. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your pl:operty. the may 3. full call The sale will go through only if the buyer pays the Sheriff amount due in the sale. To find out if this has happened you MU6-3535. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. S. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. This schedule will state ~lho will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFPORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FItID OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 -2- ~~~---- . ~ . 1~ ,1'0,- .,.. P",.,, ,,' ' ;'".,Ij;<,-,,,~, " ,. ~ ~:', '. .'~' .- /- I ' .... ,-.~;~~.---,-"-,- .-..;.-----... '. . n__' .." '" .",.. .., DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in EastPennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the northerly line of Susquehanna Avenue at the South-easterly extremity of the arc or curve of a radius of ten (10) feet connecting the easterly line of Wyoming Avenue with the northerly line of said Susquehanna A venue, and extending northwesterly by said arc or curve of a radius of ten (10) feet, a distance of fifteen and seven hundred eight one-thousandths (15.708) feet to a point in the easterly line of said Wyoming Avenue, at the northwesterly extremity of said arc or curve; thence along the easterly line of said Wyoming Avenue, North ten (10) degrees, twenty (20) minutes West, one hundred thirty (130) feet to a point; thence North seventy-nine (79) degrees, forty (40) minutes East, fifty (50) feet to a point; thence South ten 910) degrc:es, twenty (20) minutes East, one hundred forty (140) feet to a point in the northerly line of Susquehanna Avenue aforesaid; and thence along the northern line of Susquehanna Avenue, South seventy-nine (79) degrees, forty (40) minutes West, forty (40) feet to the place of BEGINNING. HAVING THEREON ERECTED a two story frame dwelling house, No. 278 Susquehanna Avenue. Enola, Pennsylvania. TAX PARCEL #09-14-0832-093 .- EXHIBIT A "'-iiil!Jol!!1? - ,~ " 'F 1"" 'I' THOMlI.S I. PULEO Identification No. 27615 1710 Walton Road, Suite 206 Blue Bell, PA 19422 (610) 941-6050 GMAC MJRTGAGE CORPORATION Attorney for Plaintiff : CUMBERLAND COUNTY __ : COURT OF COMMON'PLEAS v. : RICHARD L. TROSTLE, SR. and SHARON C. TROSTLE, his wife No. 2000-1421 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO Richard L. Trostle, Sr. 6680 N. Si1verbe11 Road Tucson, AZ 85743-9757 Sharon C. Trostle 6680 N. Si1verbe11 Road Tucson, AZ 85743-9757 Your real estate at 278 SusquehaJUla Avenue, Enola -Pennsylvania, is chedu1ed to be sold at Sheriff.'s Sale on Wednesday, September 6, 2000 ., at 10: 00 a.m., Cumberlaruf CoUnty Courthouse, 2nd Floor, Comnissioner's Hea.:-ing Room, Carlisle, Pennsylvania, to enforce the court judgrrent of $ 95,870.65 obtamed by GMAC Mortgage Corporation: against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: " '1. The sale will be cancelled if you pay to GMAC Mortgage Corporation the amount of the back payments, late charges and reasonable attorney's fees due. To find out how much you must pay, you may call: (~(610) 941-6050. 2. You may be able to stop the sale by filing a petition asking the court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale fo r: good cause. 3. You may also be able to stop the sale through other legal proceedings. '~.... . ,I r^~ ,. You may need an attorney to assert your rights. The sooner you contact one, the more chances you will have of stopping the sale. See notice on page two on how to obtain an attorney. XQQ MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling MU6-3535. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. the full may call The sale will go through only if the buyer pays the Sheriff amount due in the sale. To find out if this has happened you MU6-353S. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. amount buyer. YOIl. You have a right due is paid to the At that time, the to remain in the property until the full Sheriff and the Sheriff gives a deed to the buyer may bring legal proceedings to evict 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. This schedule will state who will be receiving that money. The money will be paid out in . accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LNtTYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FI~m OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse CarliSle, PA 17013 (717) 240-6200 -2- '-<!I!!~ ~'.,'A_" , - -.,,:.:- . , , ~.,..~;_..-...:.- .~-"'--.-.....' . u__ .." ...."... '.. DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the northerly line of Susquehanna Avenue at the South-easterly extremity of the arc or curve of a radius of ten (10) feet connecting the easterly line of Wyoming Avenue with the northerly line of said Susquehanna Avenue, and extending northwesterly by said arc or curve of a radius of ten (10) feet, a distance of fifteen and seven hundred eight one-thousandths (15.708) feet to a point in the easterly line of said Wyoming Avenue, at the northwesterly extremity of said arc or curve; thence along the easterly line of said Wyoming Avenue, North ten (10) degrees, twenty (20) minutes West, one hundred thirty (130) feet to a point; thence North seventy-nine (79) degrees, forey (40) minutes East, fifty (50) feet to a point; thence South ten 910) degrees, twenty (20) minutes East, one hundred forey (140) feet to a point in the northerly line of Susquehanna Avenue aforesaid; and thence along the northern line of Susquehanna A venue, South sel'enty-nine (79) degrees, forty (40) minutes West, fony (40) feet to the place of BEGINNING. HAVING THEREON ERECTED a tll'O story frame dwelling house, No. 278 Susquehanna Avenue, Enota, Pennsylvania. TAX PARCEL #09-14-0832-093 . EXHIBIT A -,t'<j~. ',' ". ~ r . ,. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUN1Y OF CUMBERLAND) NO. 00-1421 CIVIL ~ Term CIVIL ACTION. LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due GMAC Mortgage Corporation PLAINTIFF(S) from Richard L. Trostle, Sr. and Sharon C. Trostle, his wife, 6680 N. Silverbell Road, TUcson, AZ 85743-9757 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Leg" 1 Deser; pt; on (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to nomy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof: . (3) If property of the.d-efendant(s) not levied upon an subject to attachment is found inthe pO!isession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. ' Ally'S Comm Ally Paid Plaintiff Paid % L.L. Due Prothy Other Costs .So Amount Due $95,870.65 6/8/00 @ 15.76 per diem Interest $14" 4? $1. 00 $135.92 Date: June 13, 2000 Curtis R. LDnq Prothonotary, Civil Division bY'-- . LZo/Y'E'-. [} 7'pcn/7.rL /" Deputy REQUESTING PAR1Y: Name Thomas 1. Puleo, Esq. Address: 1710 Walton Road, Suite 206 Blue Bell, PA 19422 Attorney for: Plaintiff Telephone: 610-941-6050 Supreme Court ID No, 27615 i-:'!--~l ~ ,~~ ,"" . "' , 11 ~"'r. i' ,- 'i"'C','", ,. ,,_c_. 't,? I ~ {~ :, !t_, l~ ~ '1 ~\l, 'I' ',T - i,('; J!.l ~ ~..-' 'j" L,\' j_'~' ~ '~ ij ';'\1 j .,-' "';.i'~ ~ 'r-~ "',- ",."" ","," ,l" ,,"'f~:L' '<\I' i ~ _.." _,' \l -..li...<.o u "'~..;. . . 'i~ \In ~ 1'17 ~ the sheriff levied upon the defendam:. interest in the real property situated in~AI ''''''.-<ALAI ~~, Cumberland County, Pa., known and numbered as:~7~ J"1" .IL'-k'<l'~ C-L and more ;,;,:';cnbed on Exhibit "A" filed with? . 'J:.';' ,,; this writ and by this reference incorporated herein. nate9~' If"'" ~~~ I !, M I i !:, ...~," '\ v~ @ c; C; c: Gi Ii\i , ~"G ., :. ~..o ;,~~t '.,c.;:;=. ..>,-'" . .., -".., ..-''>' .~, ~-', .> -' .~_........~- ~,~,,~-~ - ~~~!l'l~_~_'__'"1,,~\~~~i :. -' -- - -''''-'' "~.".", "_"'?'_ _ In~:.IJII~ AEAL ESTATE SALE No.46 Writ No. 2000.1421 . Civil Term GMAC Mortgage Corporation vs RIchard L. Trostle. Sr. and Shuon C. Trostle Atty: Thumas r. Puleo GnCA/Pr/ON ALL TIlE CERTA1\ JOI (If pi~~1.! of bnJ sllu,lll' in E..~t Pl'nmburo.> Tu\\n:.hir, Cumbcrlmd COul1l~~ Pcnn~yh'anjil, buundld and dt!5crib<!d.lt> foJlow~: BEGI~:\'rXG at J point in the norlh\:rl.~ line of $usqul'hannJ Awnue at thl:' South- eas'terlv extrt:'mit\' of the Jrc or cUn'(' (II J rild1~ .of hm (0) fcd connecting the eJ~t.:ri\ fine of Wyoming A\'cnue with the northerll line of ~kl Susquehanna A\'cnul:', Jnd exl:en.ckd norlh\\ c~tcr[y b) ~JiJ Jrc or cun I..' Jt a radiu.s of tell (10) fed, J Ji:.tan.;:e of IThl"l;' i1nd 5.evcn bundr.cJ eighl one-thousanJths 05.70S) feel to J. point in the caslerly Iinl.' Ot strid 'i\}'oming A\'cnut:, .ll the nurlh\\e~h:r1) extremity of sJ.id ilrc \)r (un',"; th~nCl' Jlong thL easterly 'line of said ~\)'omlng A\'cnul', ~0rth ten (lO) d~gree5, l\\'~nt}' (20) mjnute~ WL'sl, one hundred thirly (130) kc! to J: point; !hE:ncL' North ~C\'cnly.ninc (79, degret:'s, furly l~O) minllks East. fift,1 (50) i"d tv J: poinl; lhence South ttn (0) I.,i. grl'CS, tWL'nly 120) minul,"~ East. one hundred forly (HO) ft:'ct to a poin! in the nortI-,edy lin\ of Susgudl.lnnJ Avenue . aforesaid; and th~n~l' illong the northern lin\:! of SusqUl~hanna Arenul', South ~;;\'(ml)-nine (79) degrees, forty (.lO, minule~ \\'e5t, torty (~O) fed to tht place of BEGJ:\r\ING., fL\rIXG mER[O~ ERECTED a 1\\0 .story: frame d\\elJin8 house, \0. 2;::; SusquchJ.nna ,.1,H'nUl', [nab, Pl:-nn:.ylI'Jnia. TA.X PARCEL f;-09-1.J:.0532-093 .' , THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under net No. 587. nooroued Mau 16. 1929 Commonwealth of Pennsylvania, County of Dauphin} ss .Tames L. Clark being duly sworn according to law, deposes and says: That he is the Accounts Receivables Manager of THE PATRIOT-NEWS CO" a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT- NEWS and THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday and Metro editions/issues which appeared on the 1st, 8th and 15th day(s) of August 2000. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true: and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miilaneous Book "M", vo;:: ~~';:~I:~ -----------------9t--~------------------------- COpy Sworn 0 e this 30th day Augu 00 A.D. S ALE #46 Notallal Seal Terry l. Russell, Notary Public Harrisburg, Dauphin County My Commission Expires June 6, 2002 NO AR UBLlC Member, Pennsylvania Associalion 01 NotM" commission expires June 6, 2002 . CUMBERLAND COUN1Y SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 . Statement of Advertising Costs To THE PATRIOT-NEWS CO" Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 259.91 1.50 261.41 Publisher's Receipt for Advertising Cost THE PATRIOT-NEWS CO., publisher of THE PATRIOT.NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid, THE PATRIOT-NEWS CO. By,,,,,,,,,........,.,.,....,.,........,,.,...............,.,.,.,..... - . .,- ,'\ REAL ESTATE SALE NO. 46 Wrtt No. 2000-1421 Civtl GMAC Mortgage Corporation vs. Richard L. Trostle, Sr, and Sharon C. Trostle Atty.: Thomas 1. Puleo EXHIBIT A DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Town- ship, Cumberland County. Pennsyl- vania, bounded and described as fol- lows: BEGINNING at a point in the northerly line of Susqueh3.Ill1a Ave- nue at the South-easterly extremity of the arc or curve of a radius of ten (10) feet connecting the easterly line of Wyoming Avenue with the north- erly line of said Susquehanna Ave- nue, and extend1ng northwesterly by said arc or curve of a radius of ten (10) feet, a distance of fifteen and seven hnndred eight one~thousandths (15.708) feet to a point in the easterly l1ne of said Wyoming Avenue, at the northwesterly extremity of said arc or curve; thence along the easterly line of said Wyoming Avenue, North ten (10) degrees. twenty (20) minutes West one hundred thirty (130) feet to a point; thence North seventy-rune (79) degrees, forty (40) minutes East, ftfIy (50) feet to a point; thence South ten (10) degrees, twenty (20) minutes East, one hundred forty (140) feet to a po1nt in the northerly line ofSusque- hanna Avenue aforesaid; and thence along the northern line of Susque- hannaAvenue, South seventy-nine (79) degrees, forty (40) m,inutes West, forty (40) feet to the place of BEGIN- NING.e HAVING TIfEREON ERECTED a two story frame dwelling house, No, 278 Susquehanna Avenue. Enola. PennsylVania. TAX PARCEL #09-14-0832-093. ~~ ~I cC ~,. . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No.. 587, appraved May 16,1929), P. L.1784 S'l'ATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editar afthe Cumberland Law Jaurnal, afthe Caunty and State afaresaid, being duly swam, accarding to. law, depases and says that the Cumberland Law Jaurnal, a legal periadical published in the Barough af Carlisle in the Caunty and State afaresaid, was established January 2, 1952, and designated by the lacal caurts as the affiGiallegal periadical far the publicatian af al1legal natices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed natice ar pub1icatian attached hereto. is exactly the same as was printed in the regular editians and issues afthe said Cumberland Law Jaurnal an the fal1awing dates, viz: JULY 28, AUGUST 4, 11,2000 Mfiant further depases that he is autharized to. verifY this statement by the Cumberland Law Jaurnal, a legal periadical af general circulatian, and that he is nat interested in the subject matter af the afaresaid natice ar advertisement, and that all allegatians in the faregaing statements as to. time, place and chara ;ter afpublicatian are true. 1O/WL-- Rager M. Margenthal, Editar SWORN TO AND SUBSCRIBED befare me this II day af AUGUST. 2000 NOTA ~ ~0l6 E. SNYDER, NotorY Public Carliole 1010, Cumboriand County, PA My Commiaion Expire< Mench 5, 2001 r,;~~~ " ~I ~. , THOMAS I. PULEO IDENTIFICATION NO. 27615 \710 WALTON ROAD, SUITE 206 BLUE BELL, PENNSYLVANIA 19422 (610) 941-6050 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 500 Enterprise Road, Suite 150 Horsham, P A 19044 v, RICHARD L. TROSTLE, SR and SHARON C. TROSTLE, his wife 6680 N. Silverbell Road. Tucson, AZ 85743-9757 CUMBERLAND COUNTY COUR T OF COMMON PLEAS DIVISION TERM. ~lJ(}l) - / Cf~ I ~ No. CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT "NOTICE "You have been sued in court, If you wish 10 defend against the claims set forth in U1e following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a writlen 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 felief ~equesled 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 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 .1 ';.~ ,~,' "" ~"'" "AVISO -Le han demandado a usted en la corte. Si usled quiere defenderse de estas demandas expuestas enlas paginas siguienles, usled tiene veinte (20) dias. de plazo al partir de la fecha de la demanda y la nolificati6n. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende. la corte tomarfl medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. Ademfls. la coarle 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 otros derechos importantes para usted. "LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. 51 NO TIENE ABOGADO 0 SI NO TIENE El DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA 0 LLAME POR TEL~FONO A LA OFICINA CUYA DlRECCI6N SE ENCUENTRA ESCRITA ABAJQ PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, CUmberland County Courthouse CarliSle, PA 17013 (717) 240-6200 ,. ~~ ,-. "12:lJ!'j~- . , THOMAS I. PULEO IDENTIFICATION NO. 27615 '1710 WALTON ROAD, SUITE 206 BLUE BELL, PENNSYLVANIA 19422 (610) 941-6050 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE CORPORATION 500 Enterprise Road, Suite 150 Horsham, P A 19044 COURT OF COMMON PLEAS DIVISION v. TERM. RICHARD L. TROSTLE, SR. and SHARON C. TROSTLE, his wife 6680 N. Silverbell Road Tucson, AZ 85743-9757 No. CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff, GMAC MORTGAGE CORPORATION, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices at 500 Enterprise Road, Suite 150, Horsham, Pennsylvania. 2, Defendants, RICHARD L. TROSTLE, SR. and SHARON C. TROSTLE, his wife, are the mortgagors and real owners of premises 278 Susquehanna Avenue, Township of East Pennsboro, Cumberland County, Pennsylvania, hereinafter described, whose last known address is as stated above. -1- I' 3. On the 14th day ofJanuary, 1994, the above named mortgagors made, executed and delivered a mortgage upon premises hereinafter described to Bancplus Mortgage Corp., which mortgage is recorded in the Office of the Recorder of Deeds for Cumberland County in Mortgage Book 1192 page 354. 4. The premises subject to the said mortgage is described in Exhibit "A" attached hereto and made a part hereof. 5. The mortgage secures defendants' certain Note dated the same as the mortgage in the amount of$87,818,00 payable in monthly installments with interest at the rate of8% per annum. A copy of the said Note is attached hereto, made a part hereof and marked Exhibit "B". 6, On the 1st day of November, 1999, the said mortgage was assigned to GMAC MORTGAGE CORPORATION, the plaintiff herein, by written assignment which is recorded in the Office of the Recorder of Deeds for Cumberland County in Miscellaneous Book 634 page 1043, 7, The mortgage is in default because the defendants have 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 July 1999, and each month thereafter, up to and including the present time. 8, The following amounts are due on the mortgage: Principal Interest at 8% per annum from 6/1/99 thru 1/31/00 ($18.18 per diem) Late charges accrued thru 1/31/00 ($30.24/month) Escrow deficit ($I13.05/month) Attorney's fee (5%) Title information certificate $82,944.19 4,454,10 181.31 787.42 4,147.20 325,00 Total $92,839.22 9. On December 20, 1999, plaintiff sent to defendants by certified mail and first class mail Notice of Intention to Foreclose Mortgage in accordance with the provisions of Section 403 of Pennsylvania Act -2- !,- , ~".,~i~,., ,-' ,~- ~-, .- ,-'I' ~,- '~c>;t;f;l!l!I ____~~II!I!II.- II I 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". Defendants have not had the required face-to-face meeting with the mortgagee within the required time and plaintiff has received no notice that defendants have had a face- to-face meeting with a consumer credit counseling agency, nor has plaintiff received notice that defendants have filed an application with the Homeowners' Emergency Mortgage Assistance Program. WHEREFORE, plaintiff demands judgment in the sum of $92,839.22 plus interest, late charges, escrow amounts and costs to the date of judgment and foreclosure of the said mortgage. -3- . ' ~~.-,".-; _uO _________~_~___.____ ~..___~ ,_.---'._,~"_.~_. _ DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the northerly line of Susquehanna Avenue at the South-easterly extremity of the arc or curve of a radius of ten (10) feet connecting the easterly line of Wyoming A venue with the northerly line of said Susquehanna A venue, and extending northwesterly by said arc or curve of a radius of ten (10) feet, a distance of fifteen and seven hundred eight one-thousandths (15.708) feet to a point in the easterly line of said Wyoming Avenue, at the northwesterly extremity of said arc or curve; thence along the easterly line of said Wyoming Avenue, North ten (10) degrees, twenty (20) minutes West, one hundred thirty (130) feet to a point; thence North seventy-nine (79) degrees, forty (40) minutes East, fifty (50) feet to a point; thence South ten 910) degrees, twenty (20) minutes East, one hundred forty (140) feet to a point in the northerly line of Susquehanna Avenue aforesaid; and thence along the northern line of Susquehanna Avenue, South seventy-nine (79) degrees, forty (40) minutes West, forty (40) feet to the place of BEGINNING. HAVING THEREON ERECTED a two story frame dwelling house, No. 278 Susquehanna Avenue, Enola, Pennsylvania, TAX PARCEL #09-14-0832-093 EXHIBIT A Yf<;~ ,~ H C"v:":"'-"""- ,p."".-, -",,-c-_"_~.' ""h-_'--'+~""'_7_"'- '-'-,. -;.',_".,;_~ __ "_=.~__~~'__,__ ,. . J" 1"1- ~~. --- '~!'-_i>l!ilmN I ; "..~.. V_".::{ PENNSYL Y ANIA LN .: 10848347 VA .: LH4610S0 VA ,_ 2O-tnN 0t0mI L a..r'secI ....CII Sf"- use Cpt- klnaI. he1lc1n "'0. tl"e H. u.s.c. AccepUDf,'o ''''''1 Nat60nlf ......,. .......... (Amlftdlf'eo.. IteD RTGAGE NOTE THIS LOAN IS NOT ASSUMABLE WITH, OUT THE APPROVAL OF THE U.S.. DEPARTMENT OF VETERANS AFFFAIRS OR ITS AUTHORIZED AGENT. s 87,818.00 FOR VALLf flECElYED. till ..-,_ RICHARD L TROSTLE SR. AND SHARON C TROSTLE . HUSBAND AND If I FE CAMP HILL JANUARY 14 .p~ania. .1994. ....Ni,t.. CaIed thl M..... Df'c:rnIsM 10 PlY to T~CtLUS MORTGAGE CORP. . 01 order. a corporatIOn ~~ Ind IbdS1 \J'ldIf' tI'It laws 0' tM 006ft: ~F tw....nallw designl1ed IS the Payee, the pri'leioal SlI'T\ iT~~~!~~~~~~~~~:~I:~~~~~~~~~~~~-~:~~~~~:::::::::::::::::::::: per centun (8..000") p!! arn.rn CW\ ,/'It \J'l4)Iid balance U"lII paid. The Sid D4"inCoal and lI'I,er8S1 sNll'be payaDle at 1M 0""'" of BANCPLUS MORTGAGE CORP. ." 8801 NCALL ISTER FREEWAY " SAN ANTCW 10 TX 7821 B << SUCh plac::. ., ll'1t hOlder may designate .n writng ., monthly nn~~.o' SIX HUNDRED FORTY TWO AND 81/100------------------------------------ 00lt..sC"lB42.91-----), Ccrl'YMnCngO'lhefl'SIMtot MARCH . t994 ..1(1 on lhe flrS1 d1tt 0' Ndl month ,,....11.,. 1II11 1M Cll""ipal m .,....$1 .." ,....ty paid. except tNT ttle 1M ~I of 1t.e enln irIdIbltO'leSS ...ldenCld htrtbv. If t'lCl $OOl'*' palcL ShIll be t1.Ie and Pl'f'1lt. on tno f r$f dIi or F EBR UAR Y 2024 . Prllt_. IS r.HtYtd 10 ""~ 11 ~ ltnll. wltro.n IInrm,tn or rH. 1M W1ln notblltl7le$S Ot' Wtf f)Il'f IlW'eof nol IOS1 1!\an IhI ImOU'lI of one Flu_menl. Ot 0... ....,..,td 00I1..S "'00.001. wra:cNwer 1:1 ,.n. Pr~t n fUl Shall be ctedlt.d on tl'l. dJle recliNed. PII1I11 prepao,rnent. ot...... 1"" on .... nstalmenl """ cSate. nMd not be, Cf'lHSlled U'lll the MXI fOIlOwng nstatmenl due dale or tftl'ly ~ ahlt SUCh ""~t. whcr.v8l' IS ..Ii.... S~1NOUSty wh" 1M .xecution of tl'l1S Not. 1M MIlkIt has executed a'ld cMI",...od to 1M PayH . morlgage seclr8d I.OOn c...un pr~l:Hs sltu;lId n 1M Cot..r'lly of ct.H8ER lAND COTmCIf'lweallh of PemsytvWlIr&. more PIt1iC\1l1'ly a.sc:rbed i"l If\e Mon~. A.n of the lerms. cOvenants. Uf>Ovi$iOnS. condRCns. slJPlAal1On3 U'Id V""""'s COl'Illintd h said MorlOtQe to be ..apt and p.rfCllTl"lCld by 1M Maker are hereby ~ . patl Of lft~ Note to the sanv extonl rc wtlh IN P'TIf IOtc. a"ld .ffect aos tr 'In... wttll futty set forth tier..,. and 1M Maker COvenanls ;r.d ag.-ee'S to p&rfOtm 1M Jal'1"lI. cr taJY lhe Y'I"II 10 be kepi .-xi t:ertom'led. strlC1ly FI aec:oru.-c. with I~ t.,r,~ and ptOY1$1Ot\3 lhereof. TM v.tlOIl Of 1M prnelpal sun or Ifl1 P..t lhereof. and of .,., Of'*' arm of rrcnoy S4tC\1.d by the MOI'lgaglJ givo!" 10 MC:U'I thIS Notl. aNll, 'Ol1hwlll\, at l/'Ie OLlfiOn of tho P.,.. or ..,., ~1 IIOIcw lhereof. becane due WId payiJble h"medlaltly, wllhOul l'101a Ot dIr1'land. If ClrJlJt be rnJdII " 11I'Pt ~ lIldIIr tills Not.. n If IhI OIIfMAI is not I'NOII. good prklr 10 lhe duo <SIt. or 1'" NXI uti nst_h'IInl: or l.OO"l 1M haQpenrig Of .." dIIf.." whlth. b1 ,he tlllTl'\S Of Ii'll Mortgage gNon to secure thiS Not.. Sf\III entitle 1M PayM. .,. .-,y SWStql.#'lf hOlder weof. 10 did... the S3'ne. Of' "'" part 1,*,=of. 10 be OA and payable. The M.... does hereby wnoow... ..,., ~Ilorney of II"f court of record within 1,.. U'llted SIatlS 01' elsewhere to appear for Mak.... with or wllOOUt . deC1atahon UItd, ar.d confess judg'nent or .if.ld'7nents ~ns! said Makor in f..-or of 1M PpY1Hl or lJrfj SWS9O#'ll hOlder hOrae'. as of Inf 'tnT\, lor lhe entre "1)ald principii of IhlS Nota. Jl'ld alii OIhtr St.rnS paid 'l1'/ lhe holder herecJf to or Ot'l behIIf of lhe ~akltl' pur$U3f'lt 10 the tllf'11U of IhG Not. Of' said . Mortgage. anc:I 111 ..,....19" or nH"est thereon, looel~llr wtlh costs Or suit. al1Cl1'MV's c~iSsiQn of ------------------------..-- 5.00 .,. for ColleClIon. aM ) r...se Or ah errors. 0'\ which judgnenl 8X8(:ution or eXKutiOm rT\Iy ISsue fOrthwnf\. The maleei' heretly "'-'aJlles T~~ righT of ir'w:)JlSniQn on all properly IfNied l,C)Qn 10 COllect 1he r.detIllt()"less ""iclenced hereby and dOeS vOlU'ltarty eond<<'M lhe s;me and JlfthorlZlS the PrOthOnOtary to enl.. SUCh corv.:9'TY\311on. and wa;"es and tel.."s III I~. now n force or Mreaflet eNeled, rel.trog 10 8)(8TlP1iC:'1, aopral$ll"nenl Ct S1lJi 01 execU11On. TN; >>I,f"",*,IS hefel"l CCl'lUlNd_ShalI b~ and 1M benefits and advantaoes shall ......e to. II'le respt'C1P". suecessOf'S and as:>tgns of 1M p_liGs terlto. Wher....tt U1e<l. ttle slr"lgU;r ~ Shall rdu(ht lhe pili'&:. 1he phIal 1M Sl"'9Jlar. and lhe use of any ~r Shall bI1 appliCable 10 all gencWs- N Witness ~REOF". 1M Maker I'1as ca-;sod ,.....s. present:l 10 be executed \l'ld4r sea I"" day and year firST aoove Wrllllll"l, S'lT'*d. Sealed a deliver9d n lhe Presence of: v"',Jlt ~~~-1k ---- r .6 n u. l rm C (," (,..;:01-/1.-, ~Cl'lUJSn~ TH/!S TO CERTFY thai Ihis is lhe Note oo=:cnoe':l III and sec.....ed ~ Mor193V9 01 ~en date, I'lerewr.fI seclX'oo on r!:"al eState sllualed III /, L J~. _ -/ Coumy, CcrrrnOl"lW 13. /..' / ~A1I ~L(:~.L~ . . ~/ ---- ~!n~ARI}"'l SEAL ..;~, ~.. .:,.... oLLER NOla'! o'^' / ;.. Ct;r.";cerlaM Coun:y "./ ;~ hOl'es M2~::n 15. 1997 EXHIBIT B N01AllV PUBLl::~ :'T1~~~~~,~~ff'i' -",~~r'to;"-"~<~~:~?' -',"1 .'" '__~7,~. '5;-;;'-'~." l' , ~'{' ~l;'. ~" ~j ..~. '" "iX,- I~~ ';S~~, ""~'i *~. ,,~.i ~:; (SUIl ;;i" :;~?' ;~;~~ .JL'o -;:;1. -:t~. . :';~ .~~.:;c ~!'ic i{ "fM :~~~l' ""~~. :;::;i2 .~- ~,~.: -'it,,- "\l- ~~' ~11: ~lti: '.'!'1' :~~- .:t.': :l~ f...(:: .~ 1""/," ; :; ,I!<' (Oi' ~, W;', {~' !t$~ I (S~~ll (SUll tSe~1) ~i==-',,", T 1~ilF Servicing GMAC Mortgage Corporation P.(). Box 8507 f San Diego, CA 92186-5071 34<51 Hammond Ave P.O. Box 780 Waterloo, IA 50704-0780 GMAC Mortgage DMe: December 20, 1999 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Tbis is an official notice tbat tbe mort2a 2e on vour borne is in default. and tbe lender intends to foreclose. Specific information about tbe nature oftbe default is provided in tbe attacbed pa2es. Tbe HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (BEMAP) mav be able to belp to save vour borne. Tbis Notice explains bow tbe pro2ram works. To see ifHEMAP can belp, vou must MEET WITH A CONSUMER CREDIT COUNSEUNG AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take tbis Notice with vou when vou meet witb tbe Counselin2 A2encv. Tbe name, address and phone number of Consumer Credit Counselin2 A2encies servin2 vour Countv are listed at tbe end of this Notice. If vou have anv questions. vou mav call the Pennsvlvania Housin2 Finance A2encv toU free at 1-800-342-2397. (Persons with impaired hearin2 can call (717) 780-1869). TMs Notice contains importantJegal 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 ar,ea. The local bar association may be able to help )'ou find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO EST A AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SEll. ELEGIBLE PARA UN PRESTAMO POll. EL PROGRAMA LLAMADO "nOMEO\VNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SMN All. SU CASA DE LA PERDIDA DEL DERECHO A REDlMIR SU HIPOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: RICHARD TROSTLE SR 6680 N SILVERBELL RD TUCSON, AZ 85743-9757 LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDERfSER\lCER: 306663212 N/A GMAC Mortgage EXHIBIT C 1,-, '. 'L -~- -'"-,,.;,.,.-, -', ,.' '_''''-''",__',_8." '. ^"~ '''', ~'-_"l"h~- "'.'i'~'---"'-~---",,,,",,,o''',, ""~ ~ HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE EUGIBLE FOR FINA."iCIAL ASSISTANCE WHICH CA."i SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABU TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. Tl~MPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay offoreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one ofthe consumer credit counseling agencies listed at the end ofthis Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS, IF YOlT DO NOT AI'PI.Y FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE VI' TO DATE. THE.PART OF THIS NOTICE CALLED "HOW TO CVREYOVR MORTGAGE DEF AVLT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit cOlmseling 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 teleohone numbers of designated consumer credit cOlmseling agencies for the cOlmtv in which the llrollertv is located are set forth at the end ofthis Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and am lmable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners Emergency Mortgage Assistance Program, To do so, you must fill out, sign and file a completed Homeowners Emergency Assistance Program Application with one of the designated conSlUner credit cOlmseling agencies listed at the end ofthis Notice. Only consumer credit cOlmseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application l\1UST be filed or postmarked within thirty (30) days of you face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. 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 th" Pennsylvania Housing Finance Agency of its decision on your application. !"'~_1 _ , '"~" ~_,~~ ~ ~ ~ _,"L~ - [ 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 ATTEMPTTO COLLECT THE DEBT. (If)'ou have med bankruptcy )'ou can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it uo to date). NATURE OF THE DEFAULT u The MORTGAGE debt held by the above lenderis on your property located at: 6680 N si1verbe11 Rd Tucson, AZ 85743,9757 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE)> A YMENTS for the following months and the fo11owinq amounts are now past due: July 1, 1999 throuqh December 1, 1999. See attached Exhibit for payment breakdown. Monthly Payments Late ChaIges NSF Inspections Other Suspense 4,532.15 151. 07 0.00 0.00 0.00 TOTAL AMOUNT PAST DUE: 4,683.22 B. YOU HAVE FAILED TO TAKE TIlE FOLLOWING ACTION (Do not use ifnot apolicable ): 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 $ 4, 683 . 22 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either bv cash. cashiers check. certified check or money order made payable and sent to: GMAC Mortqaqe Corporation ATTN: Payment processinq P.O. Box 780 Waterloo, IA 50704-0780 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Th) not use ifnot apolicable.) Nt' I' bl o ftpp lca e IF YOU DO NOT CURE THE DEF Alli,T --If you do not cure the default within THIRTY (30) DAYS ofthe date ofthis Notice, the lender intends to exercise its riehts to accelerate the mOrteaee debt. This means that the entire outstanding balance ofthis debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. Iffull payment of the total amount past due is not made within TIlIRTY (30) DAYS, the lender also intends to instmct its attorneys to start legal action to foreclose upon your mortea eed J!!9J!.!:!!y, IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. Ifthe 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, iflegal proceedings are started against 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 amOlmt you owe the lender, which may also include other reasonable costs. , !fyou cure the default within the THIRTY (30) DAYS Deriod. vou win not be required to Dav attorney's fees, '-!-l,,,>~ . . ::- ~ -, r_"~ "~. >",," OTHER I~ENDER REMEDIES -- The lender may also sue you personally for the lmpaid principal balance and all other sums due ,mderthe mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the TIlIR1Y (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and llrevent the sale at anv time Ull to one hour before the Sheriffs Sale. You may do so by llaying the total amOlmt then llast due. lllus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as sllecified in writing by the lender and by ~onning any other requirements under the mortgage. Curing your default in the manner seHorth in this nollice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale ofthe mortgaged property could be held would be approximately six (6) months from the date oHhis Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amOlmt needed to ClUe the default will increase the longer you wait. You may fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: GMAC Mortgage Corporation 401 West 24th Street National City, CA 91950 (800) 850-4622 (619) 470-5579 Collection Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your l\trnishings and other belongings could be started by the lender at any time. I AS.sUMPTION OF MORTGAGE -- You mayor 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 TIlE PROPER1Y TO OBTAIN MONEY TO PAY OFF TIlE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTIlER LENDING INSTI1UTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD P AR1Y ACTING ON YOUR BEHALF. TO IIA VE TIlE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE TIlE DEFAULT. (HOWEVER, YOU DO NOT HAVE TIllS RIGHT TO CURE YOUR DEF AUL l' MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT TIlE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTI1UTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTIlER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW, CONSUMER CREDIT COUNSELING AGENCIES SER\1NG YOUR COUNTY IS ENCLOSED .~ . "","","7':' ~" , EXHIBIT July 1, 1999 August 1, 1999 September 1, 1999 October 1, 1999 November 1, 1999 December 1, 1999 Ii @ @ @ @ @ 755.65 755.30 755.30 755.30 755.30 755.30 il"'i.>ll]" ., Servicing GllIIAC Mortgage Corporation P.O. Box 85071 San Diego, CA 92186-5071 3451 Hammond Ave P.O. Box 780 Waterloo, IA 50704-0780 GMAC Mortgage Dare: December 20, 1999 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortea ee on vour home is in default. and the lender intends to foreclose. Soecme information about the nature of the default is orovided in the. attached oaees. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mav be able to helD to save vour home. This Notice exolains how the oroeram works. To see ifHEMAP can helo. vou mustMEET WITH A CONSUM:ER CREDIT COUNSELING AGENCY WITHIN 36 DAYS OF THE DATE OF THIS NOTICE. Take tbis Notice with vou when vou meet with the Couuseline Aeencv. The name. address and ohone number of Consumer Credit Counseline Aeencies servine vour County are listed at the end of this Notice. If vou have anv auestions. vou mav call the Pennsvlvania Housine Finance Aeenev toll free at 1.800.342.2397. (Persons with Unoaired healine can call (717) 780.1869). TJ.is 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 a,'ea. The local bar association may be able to help you find a lawyer. LA NOTIFICAClON EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECT A SU DERECHO A CONTINUAR \1\1ENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A NOTIFICACION OBTENGA UNA TRADUCClON IMMEDlA T AMENTE LLA~IANDO EST A AGENCIA (P'ENNSYLV ANIA HOUSING FINANCE AGENCY) SIN CARGOS AI, NUMERO MENClONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDlDA DEL DERECHO A REDlMIR SU HIPOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: RICHARD TROSTLE SR 278 SUSQUEHANNA AVE ENOLA, PA 17025 LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDERlSER"lCER: 306663212 N/A GMAC Mortgage ':""'.tMlill!l I ~. . - , .~ ' HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAl, ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY \'\-ITH 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 YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR l\IORTGAGEPAYMENTS,AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. T]~MPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you nmst anange and attend a "~'ce-to-face" meeting with one of the consumer credit counseling agencies listed at the end ofthis Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TIllS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit cOlmseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date ofthis meeting.The names. addresses and teleahone numbers of desilinated conS\uner credit cOlmseling agencies for the cOlmly in which thearoaertv is located are set forth at the end ofthis Notice. It is only necessary to schedule one fa,ce-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specijic information about the nature of your default.) If you have tried and are Imable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners Emergency Assistance Program Application with one of the designated conSluner credit cOlmseling agencies listed at the end of this Notice. Only consumer credit cOlmseling agencies have applications forllie program and they will assist you in SI.bmitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of you face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAlL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAlNST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE \'\-ILL BE DENIED. 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. !Airing that time, no forecloSlIfe 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. ! ~O%>.'!1_~~ - ~t ~'"~ [ NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLO,"1NG pART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have med bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin2 it UP to date), NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lenderis on your property located at: 278 Susquehanna Ave Eno1a, PA 17025 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: July 1, 1999 through December 1, 1999. See attached Exhibit for payment breakdown. Monthly Payments Late Charges NSF Inspections Other Suspense 4,532.15 151. 07 0.00 0.00 0.00 TOTAL AMOUNT PAST DUE: 4,683.22 B. YOU HAVE FAILED TO TAKE TIlE FOLLOWING ACTION (Do not use unot a1l1llicable): HOW TO CURE THE DEF A IJL T -- You may cllre the default within THIRTY (30) DAYS of the date of this no!:ice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4, 683 . 22 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURlNG TIlE TIlIRTY (30) DAY PERlOD. Pavments must be made either by cash. cashiers check. celtified check ormonev order made 1lavable and sent to: GMAC Mortgage Corporation ATTN: Payment processing P.O. Box 780 Waterloo, IA 50704-0780 You can cllre any other defalllt by taking the following action within THIRTY (30) DAYS of the date of this letter: me not use ifnot a1l1llicable.) Not Applicable IF YOU DO NOT CURE THE DEFAID,T -- If you do not cure the default within TIlIRTY (30) DAYS ofthe date ofl:his Notice, the lender inten s to exerdse its ri hts to accelerate the mort a e debt. This means that the entire outstanding balance oflhis debt will be considered due inunediately and you may ose the chance to pay the mortgage in monthly installments. Iff\tll payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instmct its attorneys to start legal action to foreclose upon ,'our mort2a 2ed 1!!!!Jlli!l:, IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriffto payoff the mortgage debt. Ifthe lender refers your case to its attorneys, bllt YOII cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees lhat were actLmlly incurred, up to $50.00. However, iflegal proceedings are started against against you, YOII will have to pay all reasonable attorney's fees actually incurred by the lender even iflhey exceed $50.00. Any attorney's fees will be added to the amOlmt you owe the lender, which may also include other reasonable costs. !fJ'ou cure the default within the THIRTY (311) DAYS period. vou will not be required to pav attornev's fees. "ff 1] ~~ - , ~ -",",,' OTHER I,ENDER REMEDIES -- The lender may also sue you personally for the lmpaid principal balance and all other sums due lmder the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the TIUR1Y (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and prevent the sale at anv time up to one hour before the Sheriff's Sale. You mav do so bv Daving the total amOlmt the,n nast due. plus anv late or other chal'l!es then due. reasonable attomev's fees and costs connected with the foreclosure sale arid anv other costs connected with the Sheriff's Sale as specified in writing bv the lender and bv penonninl! anv other reauirements under the mortl!a~e. Curing your default in the manner set forth in this notice will restore your mortgage to the same pOSItion as if you had never defaulted. EARI,IEST POSSIBLE SHERIFF'S SAl,E DATE -- It is estimated that the earliest date that such a Sheriff's Sale ofthe mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amolmt needed to cure the default will increase the longer you wait. You may fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: GMAC Mortgage Corporation 401. West 24th Street National City, CA 91950 (800) 850-4622 (619) 470-5579 Collection Department EI?FECT 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 Ihmishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You mayor may not sell or trilnsfer your home to a buyer or trilnsferee 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 PROPER1Y TO OBTAIN MONEY TO PAY OFF TIlE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTI11JTION TO PAY OFF TIllS DEBT. TO IJA VE THIS DEF AUL T CURED BY ANY THIRD P AR1Y ACTING ON YOUR BEHALF. TO IJA VE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU DO NOT HAVE TIllS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTIlER LAWSUIT INSTI11JTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTIlER 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 IS ENCLOSED :":'''''J~ijl no. ,-," ~~ , "II ~>~. , ~,-'<" ,,-''I!'i,!!~ ,.~ .~ . "," EXHIBIT JUly 1, 1999 August 1, 1999 September 1, 1999 October 1, 1999 November 1, 1999 December 1, 1999 ~ ~- Ii> Ii> Ii> Ii> Ii> Ii> 755.65 755.30 755.30 755.30 755.30 755.30 -1" -' Servicing Gr.lAC Mortgage Corporation P.C!. Box eS071 Sail Diego, CA 92186-5071 34!;1 Hammond Ave P.C!, Box 780 Waterloo,IA 50704-0780 GMAC Mortgage Date: December 20, 1999 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort2a 2e on vour home is in default. and the lender intends to foreclose. Specific information ahout the nature oethe default is provided in the attached pa2es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mav be able to help to save vour home. This Notice explains how the pr02ram works. To see if HEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counselin2 A2encv. The name. address and phone number of Consumer Credit Counselin2 A2encies servin2 vour Conntv are listed at the end of this Notice; If von have anvQuestions. vou mavcallthe Pennsvlvania Housin2 Finance A2encv toll.free at 1,800.342.2397. (Persons with impaired hearin2 can call (7171780.1869). This Notice contains important legal information.If you have any questions, representatives at the Consumer C.'edit 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 NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECT A SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCIONIMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYIN ANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIl\llR SU HIPOTECA HOMEO\\lNER'S NAME(S): PROPERTY ADDRESS: SHARON TROSTLE 278 SUSQUEHANNA AVE ENOLA, PA 17025 LOAN ACCT. NO.: ORIGINAL I~ENDER: ClJRRENT LENDERlSERVICER: 306663212 N/A GMAC Mortgage 'T)~ , = ~ HOMEO'WNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAl, ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY \l1TH THE PRO\1SIONS OF THE HOMEOWNER'S El\1ERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE" ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TRMPORARY STAY OF FORECLOSURE-- Under the Act, you are entitled to a temporary stay offoreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must anange and attend a "face-to-face" meeting with one of the consumer credit cmmseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. - CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit cmmseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date oflhis meeting.The names, addresses and telephone mlmbers of desi~l1llted conslOner credit counseling agencies for the cmmtv in which the property is located are set forth at the end ofthis Notice, It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. AI'PLlCATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infonnation about the nature of your default.) If you have tried and are lmable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners Emergency Assistance Program Application with one of the designated consumer credit cmmseling agencies listed at the end of this Notice. Only consumer credit cmmseling 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 you face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLl,OW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE AS.sISTANCE WILL BE DENIED. AGENCY ACTION -- Available fimds 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. Dtrring 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, "'\1~" ~ - ~- , -, , - -,. -~=~~-, [NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLO\l1NG PART OF mIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATIEMPT TO COLLECT THE DEBT. (If you have med bankruptcy )'ou can stilI apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin2 it UP to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender is on your property located at: 278 Susquehanna Ave Enola, PA 17025 IS SERIOUSLY IN DEFAULT pecause: YOU HAVE NOT MADE MONTIlL Y MORTGAGE PAYMENTS for the following months and the following amounts are now past due: July 1, 1999 through December 1, 1999. See attached Exhibit for payment breakdown. Monthly Payments Late ChaIges NSF Inspections Other Suspense 4,532.15 151. 07 0.00 0.00 0.00 TOTAL AMOUNT PAST DUE: 4,683.22 B. YOU HAVE FAILED TO TAKE TIlE FOLLOWING ACTION (Do not use ifnot auulicable ): HOW TO CURE THE DEFAULT -- You may cure the defaultwithinTHIR1Y (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE ~ENDER, WHICH IS $ 4, 683 . 22 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING TIlE TIlIR1Y (30) DAY PERIOD. Pavments must be made either bv cash. cashiers check. certified check or monev order made uavable and sent to: GMAC Mortgage Corporation ATTN: Payment Processing P.O. Box 780 Waterloo, IA 50704-0780 You can cure any other def31ut by taking the following action within TIlIR1Y (30) DAYS of the date of this letter: IDo not use ifnot auulicable.) N tAl' bl o pp lca e IF YOU DO NOT CURE THE DEFAUI,T -- If you do not cure the default within TIlIR1Y (30) DAYS ofthe date of this Notice, the lender intends to exerdse its ri2htsto accelerate the mort2af.e debt. This means tha/the entire outstanding balance of this debt will be considered due immediately and you may ose the chance to pay the mortgage in monthly installments. Iffhll payment ofthe total amount past due is not made within THIR1Y (30) DAYS, the lender also intends to instmct its attorneys to start legal action to foreclose upon vour mort2a 2ed )!!!!I!IDl:, IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriffto payoff the mortgage debt. Ifthe 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 aCll1311y incurred, up to $50.00, However, iflegal proceedings are started against against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even ifthey exceed $50.00. Any attorney's fees will be added to the amOlmt you owe the lender, which may also include other reasonable costs. . If'vou cure the default within the THIRTY (30) DAYS period. vo" will not be reauired to pav attornev's fee.. :3;FL.....,=~_ ':"'<_. . -- , ~~ - - T ~~,~; OTHER LENDER REMEDIES -- The lender may also sue you personally for the lmpaid principal balance and all other Slims due ,mder the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not CUIed the default within the THIRlY (30) DAY period and foreclosuIe proceedings have begun, vou still have the ri!!ht to cure the default and. llIeVent the sale at anv time Ull to one hour befoIe the Sheriff's Sale. You mav do so bv llavin!! the total amOlmt then nast due. lllus anv late or other charl!es then due. Ieasonable attornev's fees and costs connected with the foreclosuIe sale andanv other costs connected with the Sheriffs Sale as sllecified in writilll! bv the lender and bv llerfonnin!! anv other reauirements under the mort!!a!!e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale. ofthe mortgaged property could be held would be approximately six (6) months from. the date ofthis Notice. A notice of the actual date of the Sheriff's Sale will be sent to you befoIe the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may flhd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: GMAC Mortgage Corporation 401 West 24th Street National City, CA 91950 (800) 850-4622 (619) 470-5579 Collection Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end yourownershijl of the mortgaged property and your right to occupy it. If you continue to live in the property after the Shenffs 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 mayor may not sell or transfer your home to a buyer or transferee who will assllme 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 PROPERlY 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 P ARlY ACTING ON YOUR BEHALF. TO HAVE TIlE MORTGAGE RESTORED TO THE SAME POSITION AS IF 1'\0 DEI' AULT HAD OCCURRED, IF YOU CURE THE DEI' AULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE TIIAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEI' AULT 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 IS ENCLOSED "';!.jl'~ " c - ^~ . EXHIBIT July 1, 1999 August 1, 1999 September 1, 1999 October 1, 1999 November 1, 1999 December 1, 1999 @ @ @ @ @ @ 755.65 755.30 755.30 755.30 755.30 755.30 '---':1\":.]111 ." . , , . -~ " Servicing GMAC Mortgage Corporation P.O. Box 85071 San Diego, CA 92186-5071 3451 Hammond Ave P.O. 80x 780 Waterloo, IA 50704-0780 GMAC Mortgage Date: December 20, 1999 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortea ee on vour home is in default. and the lender intends to foreclose. SDecific informatioD about the nature of the default is Drovided in the attached Daees. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM CHEMAP) mav be able to helD to save vour home. This Notice eXDlains how the Droeram works. To see ifHEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Couliseline Aeencv. The name. address and DhoDe Dumber of Consumer Credit Counseline Aeencies servine vour Countv are listed aUhe end ofthb Notice. Ifvou have anv Questions. vou mav call the Pennsvlvania Housine Finance Aeencv toll free at 1.800.342.2397. (Persons with imDaired healine can call (717) 780.1869). This.Notice contains importantlegal 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 attorne~' in your ar"a. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORT ANCIA, PUES AFECT A SU DERECHO A CONTINUAR. VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAClON OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUlWES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAl, V AR SU CASA DE LA PERDIDA DEL DERECHO A REDI~nR SU HIPOTECA HOMEO'WNER'S NAME(S): PROPERTY ADDRESS: SHARON TROSTLE 6680 N SILVERBELL RD TUCSON, AZ 85743-9757 LOAN ACCT. NO.: OIUGINAI,I.ENDER: CURRENT LENDERlSERVICER: 306663212 N/A GMAC Mortgage ,,('1,'1, <, . . HOMEO"''NER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PRO\lSIONS 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 YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQIDREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During thallime you must anange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end ofthis Notice. THIS MEETING MUST OCCUR WITIDN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. TIlE PART OF TIllS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES --If you meet with one of the consumer credit cOlmseling agl:ncies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date ofthis meeting.The names. addresses and teleuhone numbers of desie:riated consumer credit cOlmseling agencies for the cOlmtv inwhich the urouertv is located are set forth at the end ofthis Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in Ihis Notice (see following pages for specific infotmation about the nature of your default.) If you have tried and are ,mable to resolve this problem with the lender, you have the right to apply for [mancial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit cOlmseling agencies listed at the end of this Notice. Only consumer credit cOlUlseling 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 you face-to-face meeting. YOU MUST FII,E YOUR APPLICATION PROMPTLY. IF YOU FAII, TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are veI)' 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. '-'"9}F.1i'1'~_ ~ -- . ~- . !C ~~~ . . [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 med bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT lBrin2 it UP to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender is on your property located at: 6680 N Si1verbe11 Rd Tucson, AZ 85743-9757 IS SERIOUSLY IN; DEFAULT because: YOU HAVE NOT MADE MONTIlL Y MORTGAGE PAYMENTS for the following months and the following amounts are now past due: JUly 1, 1999 through December 1, 1999. See attached Exhibit for payment breakdown. Monthly Payments Late ChaIges NSF Inspections Other Suspense 4,532.15 151. 07 0.00 0.00 0.00 TOTAL AMOUNT PAST DUE: 4,683.22 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE.DEFAULT -- You may cure the default within TIlIR1Y (30) DAYS of the date of this notice BYPAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4, 683.22 ,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIR1Y (30) DAY PERIOD. Pavments must be made either bv cash. cashiets check. certified check or monev order made pavable and sent to: GMAC Mortgage Corporation ATTN: Payment Processing P.O. Box 780 Waterloo, IA 50704-0780 You can cure any other default by taking the following action withinTHIR1Y (30) DAYS of the date of this letter: (lli. not use ifnot applicable.) N tAl' b1 o pp 1ca e IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIR1Y (30) DAYS ofthe date ofthis Notice, the lender intends to exercise its ri2hts to accelerate the mort2afe debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may ose the chance to pay the mortgage in monthly installments. Iffull payment of the total amount past due is not made within THIR1Y (30) DAYS, the lender also intends to instmct its attomeys to start legal action to foreclose upon vour mort2a 2ed J!!!IJ!!!!y, IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriffto payoff the mortgage debt. Ifthe 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 acb-lally incurred, up to $50.00. However, iflegal proceedings are started against against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even ifthey exceed $50.00. Any attorney's fees will be addled to the amO\mt you owe the lender, which may also include other reasonable costs. fu'ou cure the default within the THIRTY (30) DAYS period. vou win not be reauired to pay attornev's fees. i"'W--"~. ~ . .. . OTHER I,ENDER REMEDIES -- The lender may also sue you personally for the lmpaid principal balance and all other sums due ,mder the mortgage. Rli(;BT TO CURE THE DEF ATILT PRlOR TO SHERlFF'S SALE -- If you have not cured the default within the TIlIRlY (30) DAY period and foreclosure proceedings have begun, you still have the ril!bt to cure the default anilurevent the sale at any time uu to one hour before the Sheriff's Sale. You may do so bv uaving the total amOlmt then uast due. ulus any late or other charl!es then due. reasonable attorney's fees and costs connected with the fOl1eclosure sale and any other costs connected with the Sherifi's Sale as suecified in writing bv the lender and bv J!!<.rforming any other reol.irements under the mortgage. Curing your deCault in the manner set Corth in this noltiee will restore your mortgage to the same position as iCyou had never deCaulted. EARLIEST POSSIBLE SHERlFF'S SAI,E DATE -- It is estimated that the earliest date that such a Sheriff's Sale ofl:he mortgaged property cOllld be held would be approximately six (6) months Crom the date oC this Notiee. A nolice oCthe actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amOlmt needed to cm.. the default will increase the longer you wait. You may fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONT ACT THE LENDER: GMAC Mortgage Corporation 401 West 24th Street National City, CA 91950 (800) 850-4622 (619) 470-5579 Collection Department EF'FECT OF SHERlFF'S SALE -- You should realize that a Sheriff's Sale will end your ownershil' of the mortgaged property arid your right to occupy it. If you continue to live in the property after the Shenfi'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 mayor may not sell or transfer your home to a buyer or transCeree 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 RlGHT: TO SELL TIlE PROPERlY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTI1UTION TO PAY OFF TIllS DEBT. TO HAVE THIS DEFAULT CURED BY ANY TIlIRD PARlY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO TIlE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEF AUL T. (H0WEVER, YOU DO NOT HAVE TIllS RIGHT TO CURE YOUR DEFAULT MORE THAN TIlREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT TIlE J\'Ol'EXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTIlER LAWSUIT INSTI1UTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TIlE LENDER. TO SEEK PROTECTION UNDER TIlE FEDERAL BANKRl)PTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED .."'f!8ID! (C-> , " ".- ~_ma -~ ~. .. ~'G"I"lIlt " EXHIBIT July 1, 1999 August 1, 1999 September 1, 1999 October 1, 1999 November 1, 1999 December 1, 1999 ,~_. . , @ @ @ @ @ @ 755.65 755.30 755.30 755.30 755.30 755.30 ~" ~ - . . "~~~ ,~ ~ VERIFICATION Bernard J. Smith hereby states that he is Vice President of GMACMortgage Corporation the mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure Complaint are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C. S. Sec. 4904 r<;latingto unsworn falsification to authorities. \ p C? ..J . $:' D '""" BERNARD 1. SMITH Vice President DATE: March 2, 2000 , , r- - - ~ I I r Ii I[ II !i ~ ~ '^\ \j ~ . r>>'~' _lI!'I'll'l"'II",,-"(I!'l!l~ - ~ ~. @R ~~ CJ.;~ \,}.)(j.) ~01&- CY V\ ~ (:) c::. - ?- ."'(}(IJ ~~~ -'-'~ (j)j::- ~'7:. _r'''; 'L ~.~ 12 ('J _~(J )"C -2.. ::2 o CJ -> ......J)' ;;0 - o ......... ~ . 8 Q ,rl" ~.-.\ -r-,a (fi#- _,)l'n -,'C? t~t3? :;,,_4. ;-j:!J 'f}i> ::-\ 7"- ~ .".. ~';f' -- '-? ::::> - .. e_ -",,,,,,-,,,..~~~.'@."~ mWi;'i!!t'!If!~ ~I~~ ",u_~_!iI\li (~:~?-;-:'i"}'J . SHERIFF'S RETURN - NOT FOUND CliSE NO: 2000-01421 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORP VS TROSTLE RICHARD L SR ET AL R., Thoma.s Kl ine ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT TROSTLE RICHARD L SR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT! CE NOT FOUND , as to the within named DEFENDANT , TROSTLE RICHARD L SR PROPERTY IS VACANT. Sheriff's Costs: Docketing Service Not Found Return SurchaL-ge 18.00 9.92 5.00 10.00 .00 42.92 . ~ Thomas Kl ine Sheriff of Cumberland County THOMAS L. PULEO 03/16/2000 Sworn and subscribed to before me this 7'f::; day of ~ :ltrV1J A. D. ~ Q, rv.ug~.--, ~- Pr t'onotary , :J.__ . '" ~"...., SHERIFF'S RETURN - NOT FOUND Cll.SE NO: 2000-01421 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORP VS TROSTLE RICHARD L SR ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT TROSTLE SHARON C but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , TROSTLE SHARON C P!COPERTY IS VACANT. Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 6.00 .00 5.00 10.00 .00 21.00 ~ . 'Thomas Kline Sheriff of Cumberland County THOMAS L. PULEO 03/16/2000 Sworn and subscribed to before me this '1 tt.., day Ofot".p .2/nro A.D. ~. , a h",IP~.~ Ii~ Pr t onotary . J= . , .f . .- . THOMAS I. PULEO IDENTIFICATION NO. 27615 H1Q WALTON ROAD, SUITE 206 BLUE BELL, PENNSYLVANIA 19422 (610) 941-6050 ATTO~NEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 500 Enterprise Road, Suite 150 Horsham, P A 19044 v. RICHARD L. TROSTLE, SR. and SHARON C. TROSTLE, his wife 6680 N. Silverbell Road' Tucson, AZ 85743-9757 CUMBERLAND COUNTY COURT OF CO.lfMON PLEAS DIVISION eX u-rnJ -' TERM. !ij;) / J No CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT "NOTICE "You have been sued in court. If you wish to defend against the claims set forth in the rCllowing pagos, you must take action ":,,ithin tw~nty (20) days after this complaint and notice are served. by entanng a written appearance personally t'lr by anorney and filing in writing with the court your defenses or objectlons 10 the claims set forUl against you. You are warned thai if you fail tn do so the case may proceed without you and a judgment may be enlerE!:d against you by the court without fur1h~r notice for any money claimed in tile complainl or for any other claim or rehef . requested by the plaintiff. You may lose money or property or other nghts importanl to you. "YOU SHOULD TAKE THIS PAPER TO YOUR LNNYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFF,' CE SET FORTH BELOW TO FAIND OUT WHERE YOU CAN GEl LEGAL HELP. ';J ~~ _~ ' I ...i..l 1>!2!~;' SSYl 1.1 n_~~, Cumberland County I\; Carlisle, PA 17013 2.J.:::;b.a.r+ (717) :3 no C'\Ll, ~c{'i~{~ II I I .".\~~~ "AVISO "Le han demandado a usled en la corte. Si usled Quiere defendcrse de estas demandas expueslas en las paginas siguientes, usled liene veinte (20) dias, de pla.zo al partir de Is fecha de la demanda y la notificati6n. Hace falla asenlar una comparencia escrila 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas .0 sus . objeciones alas demandas en contra de su persona. Sea aVlsado Que 51 usled no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa avisa 0 notificacion. Mamas, la coarte puede decidir a favor del demandanle y requiere Que usled cu~pla con lodas las provisiones de esta demanda. Usted puede parder dlnero 0 sus propiedades u altos derechos importanles para usled. "lLEVE ESTA DEMANDA A UN ABOGADO INMEOIATAMENTE. 51 NO TIENE ABOGADO 0 51 NO TIENE EL DIN.RO 5UFICIENTE DE PAGAR TAL SERVICI0, VA'!';" Er~ PERsor~A 0 LLAME POR TElt:FONO A LA OFICINA CUYA DlRECCl6N SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUlR ASJSTENCIA LEGAL. Court Administrator 4th Floor, c..Umberland County Courthouse CarliSle, PA 17013 (717) 240-6200 . O-~"f"'"'~ , < THOMAS I. PULEO IDENTIFICATION NO. 27615 1710 WALTON ROAD, SUITE 206 BLUE BELL, PENNSYLVANIA 19422 (610) 941-6050 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE CORPORATION 500 Enterprise Road, Suite 150 Horsham, PA 19044 COUR T OF COMMON PLEAS DIVISION v. TERM. RICHARD L. TROSTLE, SR. and SHARON C. TROSTLE, his wife 6680 N. Silverbell Road Tucson, AZ 85743-9757 No CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff, GMAC MORTGAGE CORPORATION, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices at 500 Enterprise Road, Suite 150, Horsham, Pennsylvania. 2. Defendants, RICHARD L. TROSTLE, SR. and SHARON C. TROSTLE, his wife, are the mortgagors and real owners of premises 278 Susquehanna Avenue, Township of East Pennsboro, Cumberland County, Pennsylvania, hereinafter described, whose last known address is as stated above. -1- "'~1!IjiI r ."",,", -~,- ~, ~ , , u"",;;lll'!'ilf!l\' 'W~, " II 'II , , 3. On the 14th day ofJanuary, 1994, the above named mortgagors made, executed and delivered a mortgage upon premises hereinafter described to Bancplus Mortgage Corp., which mortgage is recorded in the Office of the Recorder of Deeds for Cumberland County in Mortgage Book 1192 page 354. 4. The premises subject to the said mortgage is described in Exhibit "A" attached hereto and made a part hereof. 5. The mortgage secures defendants' certain Note dated the same as the mortgage in the amount of$87,818.00 payable in monthly installments with interest at the rate of8% per annum. A copy of the said Note is attached hereto, made a part hereof and marked Exhibit "B". 6. On the 1st day of November, 1999, the said mortgage was assigned to GMAC MORTGAGE CORPORATION, the plaintiff herein, by written assignment which is recorded in the Office of the Recorder of Deeds for Cumberland County in Miscellaneous Book 634 page 1043. 7. The mortgage is in default because the defendants have 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 July 1999, and each month thereafter, up to and including the present time. 8. The following amounts are due on the mortgage: Principal Interest at 8% per annum from 6/1/99 thru 1/31/00 ($18.18 per diem) Late charges accrued thru 1/31/00 ($30.24/month) Escrow deficit ($I13.05/month) Attorney's fee (5%) Title information certificate $82,944.19 4,454.10 181.31 787.42 4,147.20 325.00 Total $92,839.22 9. On December 20, 1999, plaintiff sent to defendants by certified mail and first class mail Notice ofIntention to Foreclose Mortgage in accordance with the provisions of Section 403 of Pennsylvania Act -2- ,.... . " _~,~_ 0 _"' ~ ,~- JR1IWIIW. II ,il I , 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". Defendants have not had the required face-to-face meeting with the mortgagee within the required time and plaintiff has received no notice that defendants have had a face- to-face meeting with a consumer credit counseling agency, nor has plaintiff received notice that defendants have filed an application with the Homeowners' Emergency Mortgage Assistance Program. WHEREFORE, plaintiff demands judgment in the sum of $92,839.22 plus interest, late charges, escrow amounts and costs to the date of judgment and foreclosure of the said mortgage. /2/ / ~ 1_. . / fj i '. tltU/ fl. e~ THOMAS I.,FULEQ Attorney for Plaintiff -3- ,~ , !. ~ "'" ,.,._-,..~~~ '--......_-~..:._......:...........---.- -." DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the northerly line of Susquehanna A venue at the South-easterly extremity of the arc or curve of a radius of ten (10) feet connecting the easterly line of Wyoming Avenue with the northerly line of said Susquehanna A venue, and extending northwesterly by said arc or curve of a radius of ten (10) feet, a distance of fifteen and seven hundred eight one-thousandths (15.708) feet to a point in the easterly line of said Wyoming Avenue, at the northwesterly extremity of said arc or curve; thence along the easterly line of said Wyoming Avenue, North ten (10) degrees, twenty (20) minutes West, one hundred thirty (130) feet to a point; thence North seventy-nine (79) degrees, forty (40) minutes East, fifty (50) feet to a point; thence South ten 910) degrees, twenty (20) minutes East, one hundred forty (140) feet to a point in the northerly line of Susquehanna Avenue aforesaid; and thence along the northern line of Susquehanna Avenue, South seventy-nine (79) degrees, forty (40) minutes West, forty (40) feet to the place of BEGINNING. HAVING THEREON ERECTED a two story frame dwelling house, No. 278 Susquehanna A venue, Enola, Pennsylvania. TAX PARCEL #09-14-0832-093 EXHIBIT A i'-;.Ol.ll -". " T.,. - ~"' ~- ~ ...,~;:;;t~ "'~'i>~!!f~ 1."';-;:';;;-. " ( ., <"",' ,..j- PENNSYLVANIA LN ,: 10848347 VA II: LH4S1090 YA 'OI'M ,..UtN 040IN L "",1.-4 ~eft "". un Opt.. 1oN1. S+ctkln 1110. 1m. n.. u.s.c. ACCepUOt. \0 '....., _loN' ""'019' ~klft.CAmendM'~ '"0 RTGAGE NOTE THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE U.S. DEPARTMENT OF VETERANS AFFFAIRS OR ITS AUTHORIZED AGENT. :~~ ''fu 1 ," ~ ~.' :':::' ~~~ (if.,:,,\ ''''. ~~" ,~,', 3!?f: ~:t~_. :t~, ~''j) ~t;Y ~\; ?'....: 'e..~, .';{~' :.~~ 1t.: 'r~f '. . 87,818.00 FOl V AL~ FJi:CElVEO. 1110 ..-sig'od. RICHARD l TROSTLE SR. AND SHARON C TROSTLE, HUSBAND AND WIFE CAMP HILL JANUARY 14 . POMS'flv"''' . 1994. Nunatt... c-.cJ 1h1 MJktr. pr~ to ~I 10 BANClLUS MORTGAGE CORP. , . 01 Ol'dOr'. a corporatlOt'l .:&~ lnCIexbl U'\dltI" 1~ laws or tM T}SF hfumltlrr ~~ltd 13 the: PayH, tl'l. prr.coal !Un o:..~Cf:l~~, m~o~~~~-~ 1~,~~2!Efrc! 12~t~,~ ,:;~-~~~~~::::::: ::::: ::::::: ::: EIGHT u_un ___u_n__u__uu_ - ___un_u ___..______ -- -..- - uu ___u_ - - -- - -- -- ptt eantun C 8.000" I ~ arn.JTi on tM ~id balanc:e l.nU p.aid. The SJ~ tll"r"oCoaI and nler8st :l<all be payable a' 1M 0"'" 01 aANCPLUS MORTGAGE CORP. ." 8801 .ICALLISTER FREEWAY ., SAN ANT~IO TX 78216 or suetl ~ac. as I,.,. I'IOldel" nv'1 de:sigUlte If'I writll'lO in montNy ~.~so, SIX HUNDRED FORTY TWO AND 91/100------------------------------------ [)cU..,s ('J, 842.91-----). ec::rn'T*"IC'"'l:I 0\ lhe tnl mt or MARCH . 1994 . arKl on lhi! tint dtrt or tach monlh thel.att.,. U'lU t,.,. pt'neipal 1M hlr.st .." hi'" paid. llxeeot IN! 1M 'Nt ~I or Itoe entn I'lOIbUO'leSS ....Idltncld t'otrtby. if l"C1 SOON/' paid. Sf'\JII Dol ()..oI r.d ~bt 01' I,... 'nf Qy or FEBRUARY 2024 . S>r~lltOI ts rlwrvtd 10 ptt!>>'1 II ItN1 I~. wht'lOul E)l"1lImU'n Of IH. 1M Wllr. ndfl)1~SS C# W"1f p.II'l IhIi'~f nol loss l!\an IhI a'nOU'It or O'W ...~lIt'1Wnl, Ot c:n. ~td DOll..! (5100.001, wtl:cr.v., I:s ItSS. ?,..p~1 " h,,1 Shan bl erltdit.d on 1M dJlt reellw'ed. Partial prlPl'JlTlll"ll. OINt' l~ on WI I'\SUlW'nen1 OA CIte. nMd not ~ cre<hled \1'111 tl'll Mxl 101lOWllY,l r\StaUrnenr due (UTe Of Il'Irl'f cUys alllt' $lJCPl pnp.,'\mlnr. wPlcr-..v... ~ 'Jl'I*. SITlI.I1W'l1oUS1y with 11'1I .x,cutien of l~rS p<<>" 1M "'_., has ,xlCUlltd r.d doel.......O(I to 11'l4 P..,.. . mortO~ se<:lr"o1 \A)OI"I ceru"n pr"'~s situal.d k'l 1M Cou1ty of ctNBER LAND . COTmOtIweallh of PtlI"I"IS'JN"'\a. rT'O"l Pll'liC\1arly OIscrbed ., ~,.... t.4ort~.. At; of tN tl'!'mS. CoY.".-,IS. vroYiSJOnS. CondIlIOtlS. SI(".htl()n:; tnd lIl7..-netlts conll"Nd k'l said t.4crlCtge to b9 upt and ~f0nT'4d by tl'll t.4lllc.er ... r-.or.try ~ J parl of tt!" Note to 1M ~:!J'T"loll .XI,"l Jrd ""II" tM Sant IOtCI rod .freel on If '!'IeI' won rully set forth 1'Ier1"'. and tM M..,. coYenanlS and agree' 10 perlCt'rT\ IhO AT'o8. or causa the s..J"M to be ktp1 and C~rlQm"otd. Slrlclly "n acc:Ot~e with 11'10I t.,r~ W'Id pr'oYl:S_1()t'I$ 1herlof. Th4I Yotdl of 11'10I Dl"nc~ SU"n 0/' 0Jr'l D.-I IMrIOf. ano of 1tnJ otMr Sl.I'M 01 ~ s.ec\I,d by 1he Mortgage glYon 10 HCU'I thiS ~I. ShIll. rOftl'lwlt1'l. II tF'lt o,.lllC('l of 1"" PIyN cr W'ti ~t h:lIcMI' IMw'.or. b1c0'1"111 due rid payable trrnedI3ltl'i. wltt'lOu1 notICe or ~ If d.r"'l be m>>c;kt rl at?f PI'J"'lIII'Il U'lder this Not.. ancl if 1M o.laut is nol maoe good priOr 10 ttle ().)O Q1. or the l'leXl sJel'l Mllmanl: or LQOI"l 1hft t<.JOpItnng or rIt'P1 d4ifllJt which. I;J'f 11'10I letTl'IS of tM t..Aortgag. g....on ro see...., IhlS Nail. ShJ!1,8f'llltll 1M Pay.........., "-.bseQ.*," heldif' heUor. 10 ded..1 the s.a"'nI. Ol' IhJ parl ~M:'=or. to be 0J0I and pl'fable. :~-' \.~ t& .~t~- .". .'~\' ~,; :._~. ;{~ ''-,' ~t~ .""'1 :;:-:'., X~, .~. ',: TN ""Jk.Gt' dotIs '*'tb1 GmOC\w,,- ~ .lIItOl'My of ItN1 CCU'1 of nCOI'd wlth"n I,.,. lhlled Stales Of' efsewhere 10 apP'lar fo' t..A.)k.... with ry wl1hcut J deClJ/'.lI11Ol" r..o. r.d conf$$S )..odgnel'll Or ;...d~IS aQ-Ji"lS! said Makor "n f~or or 1M Pl'yee 01' 'lJI'-'f Sl.bS&O.*'It l\oIo.r NlrtOr. as of lnj 'erm. ror ItlG entre \.I"CJId prnc:~ of IhlS NolO. Jnd .1\ 01"*' suns paid by t/"le hOId9r her9(/r 10 or on ~r of the t.46k~ PUOSU;Jn1 10 tM temu Of Ihis Notl Of Slid . ~0t1039&. and all arrl"J?ls 0' nlerlSI lhef'eon. t~Tr",' wi'lh cosu or suit. .uorM'is CO'TmISSOO of --------------------------- S. 00 ,.. fO<" coil oct IOn. and \ r..au._ of 1lI1 IH'rors. en which .vognenl 8xSCutlOl'l 01' 'XKvllOns ~ tSiSv/I fCYthwrll'L, TM m3k0l' herltl:.'y Yo"JlYes l~" r'9-'".: 01 rq.Ji$/t1On Oti all properly 1.....18d ~ 10 COllect lhe r:.del:I18O'l8S\ ....iOenc8d Nretly ;r.cl ()OGs voh.:nIiW"ty <:0l'">d9'TV'l lhe s<rr.e and aMtlOI'a.s 1"'- PrOthOnOury 10 $fit... such COI'"-::~t\cn. and wIlYes Jl"'(t nlusn JlI I~. l'lO'N n forc9 01' "'erealler 8n3c:ed. rel.lll.-.g 10 ':X&r1"Clic:\. aroprllsenenl cr Sl~ Or eJ<lIcutlOl"l. '.' '< y:{' ; ~~. :.~ .J" Tt'>(. av-....-nenU here.... ccnU.....d ~l boo. llfld 1M boenoGI111 lInd ~"1~1 $hall no..re 10. lhot resQ4(;l,.,e $UO:;cessOt's 2Jr"ld Z1SS'9'"'3 Of In. pari.., 'wllO. V'v'heI'.....r uua. tM Sngu;v ~ shall r>duae 1M ph....~. 1M ph..ral tM 31l"'o9'-JJr. and 1M use 01 aNi go~r Shall b4 aopIlCable 10 all gond9/'S- ';,; -"..- ~(' ,"S~ ."1.;. .:~ -- N \Vllni1~~ \'.'}-f:ri.EOF. l1':e t.,.{,}1(.&r telS CJ",lIj \l'I.lse priJ~iJnt~ to btl eX(lcuTfld V"\6<.Ir ~9:J 1""& ~;r.1 3fI(l 'ftI;V frsl 211)OV8 wrllllln. S.;;ned. Sallld 21 de\Ner&d ... tM Pr.senc~ of; 'j ~~~. '-..;' tf}!ei(;~J!v .'':' ~" 'If- 15",1) ';.' :r~ f ,~/1 rr 1 (r<"' r: --r,~ ,.,~-,+-{! " ~i::~1'1lIiln..l ,~. '" K (SUIl '.' ", IS.~I) .'J: :~( .:::. .~' THIS)ti TO CERTFY 11'111 this is tM NoTe (If)~CtlM1 ., itf)d secU'"ed t;ry Mortg:t\J9 or 8'Yen datE!. tlerewr,n ~ on rNt eSlalQ SllU3led 11'I //'OH ,~.d.L;/ ( CO..1"l!y. Carr:-, nw :>1 . ia, /".. " .'1 ;L~. ~~(I~AP.1J":'L SEAL ; - !.-.?C.-. .~./. :L1JRtlOlacf / ;" CI,;i.',D:ila;1(l CO;]r,:y ~ ~ b~~~;S M2.;;:~ 15. 1997 EXHIBIT B ~jOtAItV PI,;5LI:: ~i'. ' ;:, ki ~, J r - ';' ~ -. Servicing GMAC Mortgage Corporalion 'P.O. Box 85071 San Diego, CA 92186.5071 3451 tiammond Ave P.O. Box 780 Waterloo, IA 50704-0780 GMAC Mortgage Date: December 20, 1999 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort2a2e on ,'our home is in default. and the lend", intends to foreclose, Specific information about the nature of the default is provided in the attached pa2es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (BEMAP) may be able to belp to save your home. This Notice explains bow the pr02ram works. To see ifHEMAP can help. "ou must MEET \\1TH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with"ou when ,'ou meet "ith the Counselinl! A{!ency. The name. address and phone number of Consumer Credit Counselin2 A2encies sen'in2 ,'our County are listed at the end oHhis Notice. If"ou have any auestions. yOU may call the Penn,,'lvania Housin2 Finapce A2encv toll free at 1-800-342-2397. (Persons with impaired bearin2 can call (717) 780-1869). This Notice contains important legal information. Ifyoubave any' questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may aIso want to contact an attorney in your a",.. The local bar association may be able to belp you find,a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUESAFECT A SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A NOTIFICACIOI"i OBTENGA lr.\A TRADUCCION IMMEDIATAMENTE LLA:\IANDO ESTA AGENCIA (PENNSY1,V ANIA HOUSING FINAJ'lCE AGENCY) SIN CARGOS AI. NUMERO MENCIO:'I'ADO ARRIBA, PUEDES SER ELEGIIlLE PARA UN PREST AMO POR EL PROGRAi\1A LI,Ai\lADO "1I0i\U;OWNER'S };i\1ERGE......CY :\lORTGAGE ASSISTA,'lCE ]'ROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDDTIR SU HIPOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: RICHARD TROSTLE SR 6680 N SILVERBELL RD TUCSON, AZ 85743'9757 U)AN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDERlSER\lCER: 306663212 NIA GMAC Mortgage EXHIBIT C --'1!<'.,~,,_,=~ ,~' . IIOMEO\VJ'\ER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY DE EUGInLE FOR FI:'iA.'iCIAL ASSISTh."lCE ','/lIICR Ch."l5A"E YOUR RO:-'lE FRO"'l FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY \'UH THE PROnSIONS OF THE HOMEO\YNER'S EIUERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE" ACT"), YOU l\IAY BE EUGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTh.1'\CES YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABI,E TO PAY YOUR MORTGAGE P AYMEJ'\TS, AND IF YOU MEET OTHER ELIGIBlUTY REQUIREMENTS EST ABU SHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE _. Under the Act, ym. are entitled to a temporary stay offoreclosure on your mortgage for thirty (30) days from the date ofthis Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the conslmler credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR \VIT'fHN T'flJi: ""...1' 1,0\ n" VS. ]F YO] J no NO. ^ 1'1'1.Y FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEE AULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES .. If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date ofthis meeting. TIle names. addresses and telephone numbers of designated conslUner credit cmmseling agencies for the cmmtv in which the propertv is located are set forth at the end ofthis Notice. It is only necessary to schedule 'one face-to.face meeting. Advise your lender immediatelv of your intentions. AI'PUCATION 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.) If you have tried and are: unable to resolve, this problem with the lender, YOII have the right to apply for financial assistance from the Homeowners Emergency Mortgage Assistance Program. To do so, you must fill O\lt, sign and file a completed Homeowners Emergency Assistance Progmm Application with One ofthe designated consumer credit counseling ngi~ncies listed at the end of this 'K'otice. Only consumer credit coum~e1ing agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Vour application MUST be filed or postmarked within thirty (30) days of you face.to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SOOR IF YOU DO NOT FOU,OW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPUCATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION u 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 ifyoll have met the time requirements set forth above. VOll will be notified directly by the: PeJIIlsylvania Housing Finance Agency of its decision on yom application. . --mf~... . ~,' .< ,~ 1- . 1l!I!lf [NOTE: IF YOU ARE CURRENTI, ,y PROTECTED BY THE FlUNG OF A PETITION IN BANKRUPTCY, THE FOLLm\1NG PART OF THIS NOTICE IS FOR INFOR!\I~ nON PURPOSES ONI,Y AND SHOULD NOT BE CONSIDERED AS A1~ ATIEMPT TO COLLECT THE DEBT. (If you have filed bankrupt"). )'ou can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAUI,T -- The MORTGAGE debt held by the above lender is on your property located at: 6680 N Silverbell Rd Tucson, AZ 85743-9757 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the fOllowing amounts are now past due: July 1, 1999 through December 1, 1999. See attached Exhibit for payment breakdown. Monthly Payments Late Charges NSF Inspections Other Suspense 4,532.15 151.07 0.00 0.00 0.00 TOTAl, AMOUNT PAST DUE: 4,683.22 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot applicable): HOW TO CURE THE DEFAUI,T -- You may cure the default within THIRTI" (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4, 683 . 22 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTI" (30) DAY PERJOD. Pavments must be made either bv cash. cashiers check. certified check or 1110neV order made pavable and sent to: GMAC Mortgage Corporation ATTN: Pa~nent Processing P.O. Box 780 Waterloo, IA 50704-0780 You can cure any other default by taking the following action within T!IIRTI" (30) DAYS ofthe date of this letter: (llilnotuseifnotapplicable.l Nt A l' bl o PP l.ca e IF YOU DO NOT CURE THE DEFAUI.T -- If you do not cure the default within THIRTI" (30) DAYS ofthe date ofthis Notice, the ender intends to exercise its ri his to accelerate the mort a e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may ose the chance to pay the mmtgage in monthly installments. Iffull payment of the total amount past due is not made within TIIIRTI" (30) DAYS, the lender also intends to instmct its attorneys to start legal action to foreclose upon vour mort2aeed nroncm. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriffto payoff the mortgage debt. If the lender refers your case to its attomeys, but you cure the delinquency before Ole leuder 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, iflegal proceedings are started against against you, you will have to pay all reasonable attomey'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. !!iou cure the default within the THIRTY (30) DAYS period. vou will not be reuuired to pav attorne~"s fees. <"'"~ " " . ~- OTHER LENDER REMEDIES -- The lender may also sue you personally for the !mpaid principal balance and all other sums due !mder the mortgage. RH:mT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE --If you have not cured the default within the TIIIRlY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and vrevent the sale at anv time uvto one hour before the Sheriff's Sale. You may do so bv vaving the total ammmt then vast due. vlus any late or other chames then due. reasonable attorney's rees and costs connected with the fon,closure sale and any other costs connected with the Sheritl's Sale as svecified in writing bv the lender and bv j!Nfornling any other reouirements under the mortgaj!e. Curing )'our default in the manner set forth in this notice will restore your mortgage to the same pOSition as if)"ou had never defaulted. EARUEST POSSIBLE SHERIFF'S SAI,E DATE --It is estimated that the earliest date that such a Sheriffs Sale ofthe mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before tile sale. Of course, the ammmt needed to cure the default will increase the longer you wail. You may fmd out at any tinle exactly what the required payment or ,"ction will be by contacting the lender. HOW TO CONTACT THE LENDER: GMAC Mortgage Corporation 401 West 24th Street National City, CA 91950 (800) 850 - 4 622 (619) 470-5579 Collection Department EFFECT OF SHERIFF'S SAI.E -- You should realize that a Sheriffs Sale will end your ownership ofthe mortgaged property and your right to occupy il.lfyou continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your fumishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE .. You mayor may not sell or transfer YOllr home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, chalges 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 AI,SO HAVE THE RIGHT: TO SELL THE PROPERTI' TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FRO~1 ANOTIIER LENDING INSTITIJTION TO PAY OFF TillS DEBT. , TO HAVE TillS DEFAULT CURED BY ANY TIIIRD P ARTI' ACTING ON YOUR BEHALF. TO HAVE TIlE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEI' AULT. (HOWEVER, YOU DO NOT HAVE TillS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TllvlES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITIJTED 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 SER\1NG YOUR COUNTY IS ENCLOSED 'O!li~~ , . Il- .~ EXHIBIT July 1, 1999 August 1, 1999 September 1, 1999 October 1, 1999 November 1, 1999 December 1, 1999 @ @ @ @ @ @ 755.65 755.30 755.30 755.30 755.30 755.30 ~, rr-- '" -1~ ~ , GMAC "'orlgago Corpora lion P.O. Box 85071 San Diego, CA 92186.5071 3451' Hammond Ave P.iO. Box 780 Walerloo,IA 50704-0780 Servicing GMAC Mortgage Date: December 20, 1999 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the moTtea ee on vour home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached paees. The HOi\lEOWNER'S MORTGAGE ASSISTANCE PROGRAM lHEMAP) mav be able to helD to save your home. This Notice explains how the proeram works. To see ifHEMAP can helD, vou must MEET "lTH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you wheD vou meet with the Counseline Aeeney. The name. address and phone number of Consumer Credit Counseline Aeencies se.vine vour County are listed atthe end of this Notice. Ifvou have anv Questions. vou ma,' call the PennSYlvania HousineFinance Aeencv toll free at 1.800.342.2397. (Persons with imDaired heatine can can (717) 780.1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorne)' in your' are:>. Theloc.1 bar associatioD may be able to help you find a lawyer. I,A NOTlFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECT A SU DERECHO A CONTINUAR VIHENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO m; ESTA NOTIFICACION OIlTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENClA (PENNSYINAl\'IA HOUSING FIl'iANCE AGENCY) SIN CARGOS AI, NUMERO MENCIONADO ARIRIJIA. PUEDES SER ELEGmLE PARA UN PREST A1\1O POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGF,NCY MORTGAGEASS1STANCF, PROGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECnO A REDI1\UR SU HIPOTECA I10i\tEOWNER'S NAME(S): PROPERTY ADDRESS: RICHARD TROSTLE SR 278 SUSQUEHANNA AVE ENOLA, PA 17025 I.OAN ACCT. NO.: ORIGINAL LENDER: CURRlWr I,ENDERlSERVICER: 306663212 NIA GMAC Mortgage -""~ l\1!' - -I~ ~ '="=~~ ~ 1I0MEmVNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRANf YOU MAY BE ELIGIBLE I,'OR FINANCIAL ASSISTANCE WHICH CAi'i SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPI.Y ,nTH 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 CIRCUMSTM,CES YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING AIlLETO PAY YOUR :\IORTGAGE PAYMENTS, MID IF YOU MEET OTHER ELlGIBIUTY REQUIREMENTS ESTABUSBED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a tempornry stay offoreclosme on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attelid a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end ofthisNotici:. THIS l\-IlmTING MUST OCCUR \\lTHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CIJRE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES --If you meet with one oftl,e consumer credit cmlllseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date ofthis meeting.The names. addresses and telephone numhers of desi2nated conSumer credit cmlllselin2 a2encies for the cOlmty in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one fac,,-to-face meeting. Adyise your lender immediately of your intentions. AP:PLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infonnation about the natme of yom default.) If you haye 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 Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners Emergency Assistance Program Application with one ofthe designated consmner credit cOlUlseling agencies listed at tJ,e end of this Notice. Only consumer credit cOllllseling 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 you face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAI!',ST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE \\lLL BE DENIED. AGENCY ACTION -- Available fUl1ds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. TIle Pennsylvania Housing Finance Agency has sixty (60) days to make a decision afier it receives your application. During that time, no foreclosure proceedings will be jl\ll'sued against you if you haye met the time requirements set forth above. You will be 110tified directly by the IPennsylvania Housing Finance Agency of its decision on your application. -'ciiffin"" ~.- ,~ , ~r [ NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN B^"'lKRUPTCY, THE FOLLO\\1NG PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY ,"....D SHOULD NOT BE CONSIDERED AS AN ATIEMPT TO COLLECT THE DEBT. (lC)'ou have med bankruptcy )'ou can stJlIapply Cor Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it UP to date). NATURE OF THE DEFAID,T -- The MORTGAGE debt held by the above lender is on your property located at: 278 Susquehanna Ave Eno1a, PA 17025 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT IvlADE MO?\'111L Y MORTGAGE P A YME!'.'TS for the following months and the following amounts are now past due: July 1, 1999 through December 1, 1999. See attached Exhibit for payment breakdown. Monthly Payments Late Charges NSF Inspections Other Suspense 4,532.15 151. 07 0.00 0.00 0.00 TOTAl, AMOUNT PAST DUE: 4,683.22 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use iCnot applicable): HOW TO CURE THE DEFAID,T -- You may clIre the default within THIRlY (30) DAYS of the date of this notice BY PAYING THE TOTAl. AMOUNT PAST DUE TO THE I,ENDER, WHICH IS $ 4,683.22 ,PLUS A1'I,,{ MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRlY (30) DAY PERIOD. Pavments must be made either by cash. cashiers check. celtified check or monev order made pavable and sent to: GMAC Mortgage Corporation ATTN: Payment Processing P.O. Box 780 Waterloo, IA 50704-0780 YOIiI can cure any other default by taking the following action within THIRTI'(30) DAYS of !lIe date ofthis letter: (lli, not use ifnot applicable.) N t A l' b1 o PP lea e IF YOU DO NOT CURE THE DEFAUl,T -- If you do not cure the default within TlIIRlY (30) DAYS ofthe date of this Notice, the lender intends to exercise its ri hts to accelcrate the mort a e debt. This means that the entire outstanding balance ofthis debt will be considered due immediately and you may ose the chance to pay the mo:rtgage in monthly installments. Iffull payment ofthe total amount past due is not made within THIRTI' (30) DAYS, the lender also intends to instmct its attorneys to start legal action to Coreclose upon your mortea eed Jm!i!.ffil., IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. Ifthe 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 attorne,y's fees that were actually incurred, up to $50.00. Howeyer, iflegal proceedings are started against against you, you will haye to pay all reasonable attorney's fees actually incurred by the lender even if they exeeed $50.00. Any attorney's fees will be added to the amOlmt you owe the lender, which may also include other reasonable costs. fuou eure the deCault within the THIRTY (30) DAYS period. vou will not be reQuired to pay attorney's fees. :"'f~ l~ ~""> OTHER LENDER REMEDIES -- The lender may also sue you personally for the lUlpaid principal balance and all other sums due lmder the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAI~E --If you have not cured the default within the TIURlY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and prevent the sale at anv time UP to one hour before the Sheriffs Sale. You mavdo so bv paving the total amOlmt then past due. plus anv late or other chames then due. reasonable attomev's fees and costs connected with the foreclosure sale and anv other costs cmIDected with the Sheriff's Sale as specified in writing bv the lender and bv wfonning anv other reouirements under the mortgage. Curing }'our default in the manner set forth in this notice will restore your mortgage to the same position as if}'ou had never defaulted. EARLIEST POSSIBLE SHERIFF'S SAI,E DATE --It is estinlated that the earliest date that such a Sheriffs Sale ofthe mortgaged property could be held would be approximately six (6) months from the date oHbis Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amOlmt needed to cure the default will increase the longer you wait. You may fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE I,ENDER: GMAC Mortgage corporation 401 West 24th Street National City, CA 91950 (800) 850-4622 (619) 470-5579 Collection Department EFFECT OF SHERIFF'S SAI,E -- You should realize that a Sheriffs Sale will end your ownershil' of the mortgaged property and your right to occupy it. If you continue to live in the property after the Shenff's Sale, a lawsuit to remove you and your fimlishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You mayor 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 attomey's fees and costs are paid prior to or at the sale and that the other requirements ofthe mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE TIllS DEFAULT CURED BY ANY TIIlRD 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 T]MES IN ANY CALENDAR YEAR.) TO ASSERT TIlE NONEXISTENCE OF A DEI' AULT IN ANY FORECLOSURE PROCEEDlNG OR ANY OTHER LAWSUIT ]NSTITUTED 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 BAI\TJ<.RUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCI,OSED '''''~",~ ~ ~-, ~~~!, ~, -"- -1-', EXHIBIT July 1, 1999 August 1, 1999 September 1, 1999 October 1, 1999 November 1, 1999 December 1, 1999 Cil Cil Cil Cil Cil Cil 755.65 755.30 755.30 755.30 755.30 755.30 1~ ,~._,.... ~n~' Servicing GMAC Morl,\lage Corporalion P.O. Sox eS...7' San Diego, CA 92186-5071 3451 H.ilmmond Ave P.O. Box 780 Waterloo,IA 50704-0780 GIt\AC Mortgage Dale: Decembel: 20, 1999 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort~a~e on your home is in default. and the lender intends to foreclose.' Specific information about the nature oftbe default is provided in the attached pa~es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help to save your home. This Notice explains how the pro~ram works. To see ifHEMAP can help. you must MEET '\'\1TH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice withvou when you meet with, the Counselin~ A~enc~'. The name. address and phone number of Consumer Credit Counselin~A~encies servin~ your County are listed aUhe end oHhls Notice. Ifvou have any Questions. YOU may call the Pennsvlvania Housin~ Finance A~encv toll free at 1.800.342.2397. (Persons "ith impaired hearin~ can call (717) 780.1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Cr"dit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your aro'a. The local bar association may be able to help you find a lawyer. LA NOTIFICACIO:-> EN ADJUNTO ES DE SUMA IMPORT ANCIA, PUES AFECT A SU DERECHO A CONTINUAR '\1VIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA WiA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AI, NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA U,AMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSIST &"C1<: PROGRAM" EL CUAI, PUEDE SALV AR SU CASA DE I,A PERDIDA DEL DERECHO A REDIl\flR SU H1POTECA HOMEOWNER'S l\'AME(S): I'ROPERTY ADDRESS: SHARON TROSTLE 278 SUSQUEHANNA AVE ENOLA, PA 17025 LOAN ACCT. NO.: ORIGINAL I.ENDER: CURRENT LENDERlSERVICER: 306663212 N/A GMAC Mortgage '.:'~- IIOl\lEO\V.....ER'S EMERGENCY MORTGAGE ASSISTAi',CE J'ROGRAi\I YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECI,OSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY \\1TH THE PRO\1SIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTA1~CE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBI,E FOR EMERGENCY MORTGAGE ASSISTANCE: ,IF YOUR DEFAUI,T HAS BEEN CAUSED BY CIRCUMSTANCES YOUR CONTROL, ' IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, A1~D IF YOU MEET OTHER EUGIBIUTY REQUIREMENTS ESTABLISHED-BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay offoreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attenda "fac:e-to-face" meeting with one of the conStuner credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR \\1THIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE I'ARTOF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEF AULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSEUNG AGEI'iCIES .. If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting.The names. addresses and telephone numbers of designated conStuner credit counseling agencies for the countv in which the llropertv 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 immediatelv of your intentions. AP:PLICA TlON FOR MORTGAG E ASSISTANCE .- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infonnation 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 Homeowners Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners Emergency Assistance Program Application with one of the designated consumer credit cOlmseling agencies listed at the end OftJlis I\otice. Only consumer credit cOlUlsding agencies have applications for the program and they will assist you in Stlbmitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of you face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOU,OW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY J'ROCEED AGAII'iST YOUR HO:\IE IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE \\1L1, BE DENIED. 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 Pellllsylvania 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 Pellllsylvania Housing Finance Agency of its decision on your application. Jom<il~~~'1' ,~~ . ~ . -,- - - . ,~ . [ NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONI~Y AND SHOULD NOT BE CONSIDERED AS AI"I ATTEMPT TO COLLECT THE DEBT. (If}'ou have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT lBrin2 it up to date). NATURE OF THE DEFAUI,T n The MORTGAGE debt held by the above lender is on your property located at: 278 Susquehanna Ave Eno1a, PA 17025 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTIlL Y MORTGAGE PAYMENTS for the following months and the following amounts are now past due: July 1, 1999 through December 1, 1999. See attached Exhibit for payment breakdown. Monthly Payments Late Charges NSF Inspections Other Suspense 4,532.15 151. 07 0.00 0.00 0.00 TOTAL AMOUNT PAST DUE: 4,683.22 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot aPDlicable): HOW TO CURE THE DEFAUI,T -- You may cure the default within TIIIRTI- (30) DAYS ofthe date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE I,ENDER, WHICH IS $ 4, 683.22 ,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE TIIIRlY (30) DAY PERIOD. Pavments must be made either bv cash. cashier's check. ceItified check or monev order made pavable and sent to: GMAC Mortgage Corporation ATTN: Payment Processing P.O. Box 780 Waterloo, IA 50704-0780 You can cure any other default by taking the following action within 1lllRlY (30) DAYS of the date of this letter: ill' not use ifnot applicable.) N tAl' b1 o pp lea e IF YOU DO NOT CURE THE DEFAUI,T n If you do not cure the default within 11I1RlY (30) DAYS ofthe date oflhis Notice, the lender intends to exercise its ri hts to accelerate the mort a e debt. 111is means that the entire outstanding balance ofthis debt will be considered due immediately and you may ose the chance to pay the mortgage in monthly installments.lffull payment of the total amount past due is not made within TIIIRlY (30) DAYS, the lender also intends to instmct its attorneys to start legal action to foreclose upon your mort2a2ed property. IF THE MORTGAGE IS FORECLOSED UPON n The mortgaged property wilt be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender bel~ins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00.llowever, iftegal proceedings are started against against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even ifthey exceed $50.00. Any attorney's fees will be added to the amOlmt you owe the lender, which may al so include other reasonable costs. Ifvou cure tbe default ,,;thin the THIRTY (30) DAYS neriod. YOU will not be required to nav attorn.."s fees. '--,~",l. , ,v _ .~_- """ OTHER I,ENDER REMEDIES -- The lender may also Sue you personally for the unpaid principal balance and all other sums due ,mder the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the rieht to cure the default and nrevent the sale at anv time un to one hour before the Sheriffs Sale. You mav do so bv navine the total amOlmt then Dast due. Dlus anv late or othercharees then due. reasonable attornev's fees and costs connected with the fon,closure sale and anv other costs connected with the Sheriffs Sale as sDecified in writine bv the lender and bv Derfonnine anv other reauirements under the morteaee. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARI,IEST POSSIBLE SHERIFF'S SAI,E DATE --It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date ofthis Notice. A notice ofthe actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amolmt needed to cure the default will increase the longer you wait. You may fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: GMAC Mortgage Corporation 401 West 24th Street National City, CA 91950 (800) 850-4622 (619) 470-5579 Collection Department EFFECT OF SHERIFF'S SAI,E -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Shenffs Sale, a lawsuit to remove you andyour fumishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You mayor may not sell ortransferyour 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 TIlE MORTGAGEDEBT OR TO BORROW 1\IONEY fRO:-'1 ANOTHER LENDING INSTITIJTION TO PAY OFF THIS DEBT. TO HAVE TIIIS DEfAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEliALI'. TO HAVE TilE MORTGAGE RESTORED TO THE SAME POSITION AS II' 1'\0 DEfAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEI' AULT MORE THAN TIlREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEI' AULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTIIER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SER\1NG YOUR COUNTY IS ENCLOSED '-l~~!l -"--_......,-,. ., lr . ',1'''' EXHIBIT July 1, 1999 August 1, 1999 September 1, 1999 October 1, 1999 November 1, 1999 December 1, 1999 <iI <iI <iI <iI <iI <iI 755.65 755.30 755.30 755.30 755.30 755.30 '}~ w , ~ Servicing GMAC Mortgage Corporation P.O. Box 85071 San Diego, CA 92186.5071 3451 Hat':!mond Ave P.O. Box 780 Waterloo, IA 50704.0780 GMAC Mortgage Date: December 20, 1999 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Tbis is an officialnotice tbat tbe mort2a2e on ,'our borne is in default. and tbe lenderintends to foreclose. Specific information about the nature oftbe default is provided in tbe attacbed pa2es. Tbe HOMEO\'\INER'S MORTGAGE ASSISTANCE PROGRAMJHEMAP) mav be able to belp to save vour home. Tbis Notice explains bow tbe pr02ram works. To see if HEMAP can belp. vou must MEET \\lTH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take tbis Notice witb vou when vou meet ",tb the Counselln!" Ai!encv. Tbe name. address and pbone nnmber of Consumer Credit Counselin2 A2encies servin2 vour Countv are listed altbe end oftbis Notice. Ifvou baveanv Questions. vou mav call tbe Pennsvlvania Housin2 Finance A2encv toll free at 1.800.342-2397. (Persons witb impaired bearin2 can call (717) 780.1869). Tbill Notice contains important legal information. !fyou bave any questions, representatives at tbe Consumer Credit Counseling Agency may be able to belp explain it. Yon ma)' also want to contact an attorney in your are". Tbe local bar association may be able to belp you find a lawyer. LA NOTIFICACION EN ADJW\TO ES DE SUMAIMPORTANCIA,PUES AFECTA SUDERECHO A CONTINUAR VlVlENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA lNA TRADUCCION IMMEDIATAMENTE LLAMANDO EST A AGENCIA (PENNSYLVANIA HOUSING FIl'\ANCE AGENCY) SIN CARGOS AL NUMERO MEN CION ADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA ILAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA HO)IEOWNER'S NAME(S): PROPERTY ADDRESS: SHARON 'l'ROSTLE 6680 N SILVERBELL RD TUCSON, AZ 85743'9757 LOAJ"I ACCT.l'W.: ORJIGIl'\AL LENDER: CURRENT I,ENDERlSERVICER: 306663212 N/A GMAC Mortgage :~~ ',C;f. , ~ ,. " " " ~~~ -' . HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE piWGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSIST AL'JCE WHICH CAN SAVE YOUR HOME FROM FORECI,OSURE AND HUP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY W1TH THE PRO\1SIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE" ACT"), YOU MAY BE EIJGlBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. 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 ofthis Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY l\'IORTGAGE ASSISTANCE. YOU MUST BRll\G YOUR MORTGAGE UP TO DATE. THE PART OF TillS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEI' AUL T". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end ofthis notice, the lender may NOT take action against you for thirty (30) days after the date ofthis meeting.The names. addresses and telephone numbers ofde,si~nated consumer credit counseling agencies for the countv in which the pronerlY is located are set forth at the end ofthis Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infomlation about the nature of your default.) If you have tried and are Imable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners Emergency Assistance Progmm Application with one of the designated conSlilller credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the progmm and they will assist you in suhmitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST he filed or postmarked within thirty (30) days of you face-to.face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLl,OW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY I'ROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE \HLL BE DENIED. AGENCY ACTION .- Available funds for emergency mortgage assistance are very limited. They will be disbursed hy lbe Agency Ilnder 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 tinle, 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. 'n!fti!tl,'! J~L -r ::"_ "'-- 1~ - ,~ , . [!'iOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN B^,"', 'KRUPTCY, THE FOI_LO\\1NG PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATIEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT CBrln2 it uo to date), NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lenderis on your property located at: 6680 N Silverbell Rd Tucson, AZ 85743-9757 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY ~WRTGAGE P A YMEl'.'TS for the following months and the following amounts are now past due: July I, 1999 through December 1, 1999. See attached Exhibit for payment breakdown, Monthly Payments Late Charges NSF Inspections Other Suspense 4,532.15 151. 07 0.00 0.00 0.00 TOTAL AMOUNT PAST DUE: 4,683.22 B. YOU IIAVE FAILED TO TAKE TilE FOLLOWING ACTION (Do not use ifnot aDDlicable): 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 ' $ 4, 683.22 , PLUS ANY MORTGAGE P A YJ\'lENTS AND LATE CHARGES WHICH BECOME D\ 11' DURING THE THlRlY (30) DAY PERIOD. Pavments must he made either hv cash. cashiers check. certified check or monev order made Davable and sent to: GMAC Mortgage Corporation ATTN: Payment Processing P.O. Box 780 Waterloo, IA 50704-0780 You can cure any other default hy taking the following action within TIHRlY (30) DAYS of the date oftllis lelter: (DonotuseifnotaDDlicable.l N t A l' bl o pp lea e !F YOJ1J)Q_~OT CURE THE DEFAULT --If you do not cure the default within THlRTI' (30) DAYS ofthe date ofthis Notice, the lender intends to exercise its ri b.ts to accelerate the mort a e debt. This means that the entire outstanding halance of this deht will be considered due immediately and you may ose the chance to pay the mortgage in monthly installments.lffull payment of the total amount past due is not made \\ithin TI-IIRTI' (30) DAYS, the lender also intends to instmct its attorneys to start legal action to foreclose unon your mort2a 2ed pronerty. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will he sold by the Sheriffto payoff the :mortgage debt. Ifthe lender refers your case to its attorneys, but you cure the delinquency before the lender begins lega1lJroceedings against you, you will still be required to pay the reasonable attorney's fces that were actually incurred, up to $50.00. However, iflegal proceedings are started against against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even ifthey exceed $50.00. Any altorney's fees will be add"d to the amO\mt you owe the lender, which may also include other reasonable costs. If yOu cure the default within the THIRTY (30) DAYS period. vou will not be required to Day attorney's fees. -,~,~ -'I - 'lr ~ ~ . OTHER LENDER REMEDIES -- The lender may also sue you personally for the ,mpaid principal balance and all oth(:r sums due ,mder the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE nlfyouhave not cured the default within the THIR1Y (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and Drevent the sale at anv time UlltO one hombefore the Sheriffs Sale. You mav do so bv Daving the total amolmt then Dast due. Dlus any late or other chames then due. reasonable allornev's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing bv the lender and bv llirrfonning anv other reQuirements under the mortgage. Curing y'our default in the manner set forth in this notice will restore your mortgage to the same position as ify"ou had never defaulted. EARLIEST POSSIBLE SIIERIFF'S SALE DATE n it is estimated that the earliest date that such a Sheriffs Sale ofthe mortgaged property could be held would be approximately six (6) months from the date of this Notice. A nobce of the actual date of the Sheriffs Sale will be sent to you before the sale. Of comse, the ammmt needed to cu", the default will increase the longer you wait. You may fmd out at any tin,e exactly what the required payment or action will be by contacting the lender. now TO CONTACT THE LEl'mER: GMAC Mortgage Corporation 401 West 24th Street National City, CA 91950 (800} 850-4622 (619) 470-5579 Collection Department EFFECT OF SHERIFF'S SALE n You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and yom right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and yom furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You mayor may not sell or transfer yom 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 pai,! prior to or at Il)e sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL TIlE PROPER n- TO OBT A]N MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FRO;"'1 ANOTHER LENDING ]NSTITUT]ON TO PAY OFF TIllS DEBT. TO IIA VE TillS DEF AULT CURED BY ANY TIIIRD PAR1Y ACT]NG ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS]F NO DEFAULT HAD OCCURRED,]F YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS R]GHT TO CURE YOUR DEF AULT MORE THAN TIIREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NO:\EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ,\,\.y OTHER LAWSUIT ]NSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFEI\'SE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CO:'\SUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY]S ENCLOSED -.ifW-"" . ' ,. ,. '-,ijjjijb.",~ . . EXHIBIT July 1, 1999 August 1, 1999 September 1, 1999 October 1, 1999 November 1, 1999 December 1, 1999 ,~ C!> C!> C!> C!> C!> C!> 755.65 755.30 755.30 755.30 755.30 755. 30 ,", , ~ " . VERIFICATION Bernard J. Smith hereby states that he is Vice President of GMACMortgage Corporation the mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure Complaint are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. DATE: :'f~~~,. T "<,r March 2, 2000 " " - ~ 'p C"" .J. S;:-' ~ BERNARD 1. SMITH Vice President . , -" ~ - ~Wi~ii~_!Wii~l!lliilWi~mr~~,,,.~~~I;l~<Ii:""'..o"""""i.Y~Ii~ fifg l~ (~ ~~) , . ',~ 'If "1 .~ "'~ ,=.lIi!lAi!!IIi;<..... CF;'~;:: ~ "" \" \"1'1'1' U ,-.' ii- "' .. ii' ~,I\, j :j:J i-n ~J ; ,:_,i,l;'o-'I .-"~ - .~~ &" t.::~ ,...~ i~, 'i""I,,,:.::.,,t'i ~-~"~""'" ."f ">. ~__-,._t-, ~ I I I ~ I .