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Home My WebLink About00-01466 " MARTHA E, VON ROSENSTIEL, ESQUIRE MARTHA E. VON ROSENSTIEL, P,C, 16 SOUTH LANSDOWNE AVENUE PO BOX 457 LANSDOWNE, PA 19050 GMAC Mortgage Corporation 500 Enterprise Road Horsham, PA 19044-0963 Plaintiff, vs. Peggy D. Felix NKA Peggy D. Swensson, mortgagor and Peggy D. Felix NKA Peggy D. Swensson and Stephen F. Swensson, real owners 115 Cherry Grove Road Shippensburg, PA 17257 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland County Case No: 00 - /L/!J,h C"';( y~ CIVIL ACTION ~ MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE ADVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or obj ections to the claims set forth against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta a sentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en fonna escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea a visado que si usted no se defiende, la corte toma ra medidas y puede continuar la dernanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. U sted puede perder dinero 0 sus propiedades 0 otros de rechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. V AYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 '~l """ ._v MARTHA E. VON ROSENSTIEL, ESQUIRE MARTHA E. VON ROSENSTIEL, P.C, 16 SOUTH LANSDOWNE AVENUE PO BOX 457 LANSDOWNE, PA 19050 Attorney for Plaintiff GMAC Mortgage Corporation 500 Enterprise Road Horsham, PA 19044-0963 Plaintiff, COURT OF COMMON PLEAS vs. Peggy D. Felix NKA Peggy D. Swensson, mortgagor and Peggy D. Felix NKA Peggy D. Swensson and Stephen F. Swensson, real owners 115 Cherry Grove Road Shippensburg, PA 17257 Defendants Cumberland County Case No: (1)- /'f~(. ~/~ CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1, Plaintiff is GMAC Mortgage Corporation, formerly known as GMAC Mortgage Corporation of PA, successor by merger with GMAC Mortgage Corporation of Iowa, a corporation organized and existing under the laws of the Commonwealth of pennsylvania with corporate offices located at 500 Enterprise Road, Harsham, PA 19044. 2. Defendants, Peggy D. Felix, now known as Peggy D, Swensson is the mortgagor and Peggy D. Felix, now known as Peggy D. Swensson and Stephen F. Swensson are the real owners of ,~ I~ "'-~~ ' "1Jl!?fi'j"'%J , premises 115 Cherry Grove Road, Shippensburg, PA 17257, hereinafter described, whose last known address is the same as above. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagor and real owners, to foreclose a certain indenture of mortgage made, executed and delivered by Peggy D. Felix now known as Peggy D. Swensson the above named defendant, mortgagor and real owner to Parent Federal Savings on August 8, 1992 which mortgage is recorded in the Office for Recording of Deeds of Cumberland County in Mortgage Book 1087, page 500, secured on premises 115 Cherry Grove Road, Shippensburg, PA 17257 a true and correct description of which is attached hereto as Exhibit I. 4. On January 31, 1995, Parent Federal Savings assigned the said mortgage to Weyerhauser Mortgage Corporation, by written assignment which is recorded in the Office for the Recording of Deeds of Cumberland County in Miscellaneous Book 496, page 673. 5, On May 16, 1996, Weyerhauser Mortgage Corporation, assigned the said mortgage to Capstead, Inc. by written assignment which is recorded in the Office for the Recording of Deeds of Cumberland County in Miscellaneous Book 523, page 125. .. ~ .-, I. ~ 6. On May 28, 1999, Capstead, Inc. assigned the said mortgage to GMAC Mortgage Corporation, the plaintiff herein, by written assignment which is recorded in the Office for the Recording of Deeds of Cumberland County in Miscellaneous Book 614, page 346. 7. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 8. Title to the said mortgaged premises is vested in Stephen D. Swensson and Peggy D. Felix now known as Peggy D. Swensson by deed from Stephen D. Swensson a~d Peggy D. Felix now known as Peggy D. Swensson dated June 6, 1994 and recorded in the Office for the Recording of Deeds of Cumberland County in Deed Book 108, page 109. 9. The aforesaid mortgage is in default in that the defendants, mortgagors and real owners have failed to make payment of the monthly installments of principal and interest in accordance with the terms of the mortgage, for the month of April 1, 1998 and each month thereafter, up to and including the present time. 10. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. ''W~ ',- I' 11. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: TOTAL $61,030.54 $ 9,758,97 $ 603.20 $ 4,547,20 $ 345.00 $ 3,000.00 $ 335.00 $ 35.00 $ 10.00 $79,664.91 Principal Balance Interest from 3/1/1998 to 3/10/2000 At $13.17 per diem Late Charges from 8/31/1992 to 2/15/2000 at $23.20 per month Accrued Escrow Balance from 4/1/98 to 3/1/2000 Monthly Inspections from 4/01/1998 To 3/01/2000 at $15.00 per month Attorney's Fee Title Information Certificate Photostats and Postage Notarizations 9. Plaintiff sent to defendants, mortgagors and real owners a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising them of their rights under the statute (copies attached as Exhibit II), To date defendants have neither made payment nor indicated that they have taken any steps to avail themselves of the financial assistance made available through this legislation within the time established by this statute. WHEREFORE, plaintiff demands judgment for $66,570.51, plus per diem interest at $13.17 from 3/10/2000 to the date of judgment plus monthly late charges of $23.20 from 2/15/2000 to the date of judgment plus monthly inspections of $15.00 from 3/01/2000 to the date of judgment and escrow advances of $101.77 ';;~\ , " _'e_"..,,_ ~ " ~, - . per month from 3/01/2000 to the date .of judgment, foreclosure and sale of the mortgaged premises plus costs thereon. Martha E. Von Rosenstiel Attorney for Plaintiff - ; I......... ~~, .' Loan Number 306378760 Our File 6889ch VERIFICATION I verify that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. .,~~- mF TitlecJN~e:.tOWL.- ~' (!{,~ Dated:---=40 oi) .;"~l>!l , _'1" Ir -- I!IIIII , . ~wyers'Ptle Insurance @rPoration NATIONAL HEADQUARTERS RICHMOND, VIRGINIA EXHIBIT :r A ALL THOSE TWO certai~ tract& of ground &ituate in Southampton Town&hip, Cumberland County, Pennsylvania, more fully bounded and described as follows: TRACT NO.1: BEGINNING at the railroad spike in the centerline of Township road 302 at corner of Lot No.1. and the la~d herein conveyed; thence by the centerline of the said TowDship Road 302, North thirty-six (36) degrees eight (08) minutes West, une hundred fifty (150) feet to a railroad spike at the northwest corner of Lot No. 17; thence by land now or formerly of Floyd J. Varner and Phyllis D. Varner, his wife, North fifty-three (53) degl'ees fifty-two (52) minutes East, two hundred twenty-five (225) feet to an Jiron pin; thence by land now or formerly of Varner, South thirty-six (36) degrees eight (08) minutes East one hundred fifty (150) feet to an iron pin at corner of Lot No. 16; thence by Lot No. 16, South fifty-three (53) degrees fifty-two (52) minutes West, two hundred twenty-five (225) feet: to a railroad spike in the centerline of Township Road 302, the place of BEGINNING. BEING Lot No. 17 in Plan of Lots of Carl D. Bert, R, S., madE: January 9, 1975, for Floyd J, Varner, and recorded in Cumberland County Plan Book 26, at Page 137, TRACT NO.2: BEGINNING at a railroad spike set in the center of Township Route 302 on corner of lands now or formerly of Floyd J. Varner and PhYllis D, Varner, his wife; thence by said lands now or formerly of Varner, North fifty-three (53) degrees fifty-two (52) minutes zero (00) seconds East, two hundred twenty-five (225) feet to a set iron pin; thence by the same, South thirty-two (32) degrees forty-five (45) minutes zero (00) seconds East, fifty and sixty-five hundredths (50.65) feet to a set iron pin at corner of Tract No.1 above; thence by said Tract No. I, South fifty-three (53) degrees fifty-two (52) minutes zero (00) seconds West, two hundred twenty-five (225) feet to an existing railroad spike set in tbe centerline of Township Route 302; thence by the centerline of said roadway. North thirty-two (32) degrees forty-five (45) minutes zero (00) seconds West, fifty and sixty-five hundredths (50.65) feet to a set railroad spike, the place of BEGINNING. CONTAINING a total lot area of .2612 acres and known as Lot No. 17A as per subdivision draft prepared by John R, Kissinger, R.S" dated February 27, 1984, and recorded in Cumberland County Plan Book 45, at Page 142. BEING THE SAME PREMISES which David E. Felix and Peggy D. Felix, husband and wife, by deed dated February 6, 1991 and recorded in the Recorder's Office in and for Cumberland County, PA in Record Book Z-34, page 27 granted and conveyed unto Peggy D, Felix, her heirs and assigns, LT#24099 &001\1087 PAGE 505 ~.._.'I_..r.-..'_..I_..'_._..__.'_.'_..'_..__'__.'__.'__.__..__._______. .. ------- -- ; .",,~t ' ~ ~" r="~ ~ " I-~ '"~~ 02/18/00 16:46 Ffu~ 215 6S2 1940 GMAC Mortaage Corporation PO. Boll' 8501f SIln Diego, CA' 92186-5071 3'151 Hammond Ave P.O. Boll' 780 Waterloo, fA 50704-0780 G'IAC:lf - CORP DEFAUI>T 141001 Servicing OgJ 00 GMAC Mortgage Dare: September 16. 1999 ACT 91 NOTICE TAKE ACTION TO SAVEEXHIBIT lL YOUR HOME FROM FOREiCLOSURE The HOMEOWNER'S MORTGAGE ASSIST~CEPROGRAM /HEMAPl mav he ahle to help tu lave V01U' home. Th11Nofke exuIalns how the orol!J'llm works. To lee IfBEMAP ClD helo. '1111 .....1It MEETWITHA CONSllMRR CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take thil Notice with vo.. wb8ll vo. meet with the Co.nsellal! Al!eoev. The ",..me. addresla~d DOO., nlUDher of CoIlI1lDle1', CreditCODll.~ ApneieueniDe vollr CollDtv are H a the cad thil Notice. H ou.have aJ[ aesdon a call the eDn Iv 'a B 1i . . ee A 8Il tuB free aU.800 2-2397. r nl . . aired rln can ea 781),,]869 This Noliee eomainllmportant legal information. H YOD ,bave allY 'Iuellions, represenlatives at the Conlumer C.~ ~oulIseling Agency may be able tv help explam, It You may also wallt to eonlact lilt attorney in yoar aNa. Tbeloealbar associatiou may be abletu Iaelp you rad a lawyer. LA NOTIFICAClONEN ADJUNl'O ES DESVMA IMPORTANCIA,PUES AFECTA SUDERECHO A CONlJNUARVI\1ENDOEN Sl:JiCASA, S!N:O COMPRENDE EL CONTENIDODE'ESTA NOTJ1]:CAClON OBTENGA UNATRADUCCIONIIMMEDIATAMENTELLAMANDO'ESTAAGENCIA (l'JENNSYl,V ANIA HOUSING FINANCE AGENCY) SlN CAIlGOS AL NllMERO MENClONADO ARlUBA.,PUEDES SER ELEGIBLE PARAUN PRESTAMO I'OREL PROGRAMA LLAMADO "HOMEoWNER'S ~RGENCY MORTGAG'E ASSISTANCE PROGRAM" EL CUALPUEDE SA-LVAll SU CASA DE LA I'ERDIDA DEL DERECHO A REDIMlR SU BIPOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: PEGGY D, SWENSSON 115 CHERRY GROVE RD SHIPPENSBURG, PA 17257 LOAN ACCT. NO.: OElGINALLENDER: CURRENT LENDERlSERVICER: 306378760 N/A GMAC Mortgat;le !f..~", "" , =~ 1-:- 02/1.8/00 16:47 FAI: 21.5 682 1940 G~ACM - CORP DEFAULT 141004 OTHER LENDER REMF.nmS -- The lender may also sue you pelllonally fur the unpaid principal balance and all other sums due lmOO the mortgage. . :ID,GHT TO ClJRE mE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not ClUlld the demult withm thll THIRTY (30) DAY period-and fuxeol08urep:!Oooedingshave begun, vou still have the ril!:hl to oure the default and 1J1I'vent the sale at anv time \If) to one hour before the Sherift's Sale. You mav do so bv na\<D1l! the total amount then mS due, plus anv late or other ollnn>1ls thehdlIB.,:reasonable attomev'sfecs and costs connected with the fOlllC[OSllDl sale and anv other coss COIIllIloted with the Sheriffs Sale as sDecmed in writin~ bv the lender and bv perl'omrimt anv other xeCWirements under the mortl!aj!e. Curing yoar default ia lIle maoner setforth in tIUs notKe will restore your mortgage to the slme position as if )1Ia had never defaulted. F.~ RUlI.ST POSSIRl.II. SHERIFF'S SALE :pATE - It is estimated that the earliest date that such a Sherift's Sale of the mortgaged p:!Operty could be held would be approximately six (6) mouths from the date of this Notice. A nolioe of the actllal date of the Sherift's Sale will be sent to YOII before the sale. Of course, the lIDlolmt needed to C\ure the default will increase the longer you wait.. Y 011 may find out at any time "'laotiy what the requin:d payment or action will be by contacting the lender. . Ht)W TO CONTACT THE LENDER: GMAC Mortqage Corporation 401 West 24th Street National City. CA 91950 (800) 850-4622 (619) 470-5579 Colleotion Department EFFECT OF SHEJUFF'S s,t1.F. -- Y ollShmlld xealize th8ta Sheriffs Sale will end your ownersbit' of the _ mortgaged p:!Operty and your right to OCOllpy it:, If Y(lU continue to live in the property after the Shenfi's Sale, a lawsnit to remove you and yom furnishings and other belongings could be started by the lender at any time. ' A~S~ON OF MORTGAGE:- You may on...y not.sellortransfer~olll~home to a bnyeror b'aruifereewho wlllaSSUrne the mortgage debt, p:!Ovided that all the outstanding payments, oIIaIges qnd 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 lEE PROPERTY TO OBTAlNMONEY TO PAY OFF 1HE MORTGAGE DEBTOR TO BORROW MONEY FROM ANOTIl~LENDING INSnnmON TO PAY OFF lEIS DEBT, TO HAVE THIS DEFAULT CURED BY ANYlElRD PARTY ACflNG ON YOUR BEHALF , TO HAVE lEE MORTGAGE RESTORED TO TIlE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE TIlE DEFAULT, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN lEREE mms IN ANY CALENDAR YEAR) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUlT INSTITl.JTED UNDER lEE MORTGAGE DOCUMENTS, TO ASSERT ANY OlEER. DEFENSE YOU BElJEVE YOU MAY HA VB TO SUCH ACTION BY TIlE LENDER. TO SEEK PROTECTION UNDER lEE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNlY IS ENCLOSED ~ , , '.r', <-,~. "I 02/18/00 J.6:47 FAX 215 682 1940 GM'AC~ ~ CORP DEFAULT ~003 [NOTE: IF YOU AItE CVIm.ENTLY I'ROTECTED BY THE,Fll..JNG OF A PETITION IN BANKRIJi'TCY, THE FOlLOWING PART OFTBIS NonCE IS FOR INFORMATION PllIt1'OSES oNLY AND SHOULD NOT BE (CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you !lave IDed bankruptcy )-OU ean stlIl apply for Emergency Mortgage Assilltuee.) HOW TO CURE YOUR MORTGAGE DEFAULT /Dri.. it un to datel. NATURE OF THE DEFAULT - The MORTGAGE debtheld by the above lendr,r ilon yo\U'property located at: 115 Cherry Grove Rd Shippensburg, PA 17257 IS SERIOUSLY IN DEFAULT because, YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the followingmonthl alJd the following amounts are now past due: April 1, 1998 through September 1. 1999. See attached Exhibit for payment breakdown.' Monthly Payments Late Chal'ges NSF Inspections Other Suspense 9,965.52 487.20 0.00 0.00 0.00 TOTAL AMOUNT PAST DUE: 10,452.72 B. YOU HAVE FAlLEn TO TAKE mE FOllOWING ACTION 012 not use ifnot aDDlicable); : HOW TO CllRETHE DEFAULT -- You may cure the default within THlRTY (30) DAYS of the date of this Dollce BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, W1nCH IS $ 10,452.72 ,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURlNG TIIE mlRTY (30) DAY PERIOD. Pavments must be made either by cash, caweis check; ce~tified check or monev onler made llavable alJd sent to: ' GMAC Mortgage Corporation ATTN, Payment Processing P.O. Box 780 Waterloo, IA 50704-0780 YOll can cure any otherdemult by taking the followingactioD within TIlIRTY (30) DAYS of the date of this letter: ill2 not use if not a1l1llicable:1 Not Appli oab Ie IF YOU DO NOT CIJRE THE DEFAULT - Ifyoll do notClU'e the default within llllRTY (30) DAYS of the date oftllis No&e, e er' tends to exemse Its ri ts accelerate tile m Ii debt This means that the entire outstanding balance of this debt will be considered De immediate y you may OBe the chance to pay the mortgage in monl:hly installments. Jffull payment oithe total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instmct its attorneys to start legal action to loredose UPOD vOllr mortl!aeed Dl'ODertv. IF l'HE MORTGAGE IS FORECLOSED UPON -- The nwrtgaged property will be sold by the Shcriffto payoff , the mortgage debt. If the lender mfen! your case to its attorneys, but you Clue the de1inque1llly before the lender begins legal proceedings against YO'I, you will still be J:'Cq'llillld to pay the reasonable attomey's fees that were actually incuned, up to $50,00. However, if legal proceedings ate started against against Yllll, you will have to pay all reasonable attorney's feesactually incurred by the lender even if they exceed $SO.OO,Any attomey's fees will he added to the amount you owe the lel1der, which may also include other Ieasonahle costs, If vou C1Ire the default withIn tile TIDRTY(30) DAYS Derlod. vou will not be l'eGuired to Dav attorneY's fees. :-l_.~,". ~ _. _, -" ,,',' ~-,'~""'-,'. -, ~ I~ 02/18/00 16: 46 PA,1: 215 682 1940 GMAC~ - CORP DEFAULT 141002 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF' YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE" ACT"). YOU MAYBE ELIGmLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF' YOURDEFADLT HAS BEEN CAUSED BY CIRCUMSTANCES YOUR CONTROL, IF'YOUHAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHERELI<mmJl'Y REQmllEMENTS ESTABLISHED BY THE PENNSnV ANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE ,- Under the Act, you are entii:led to a lemponllY olay of foreclosure on your mortgage for thirty (30) day. from the date of this Notice. During that lime you must auange and atbmd a ' "fl\Ce-to-fai:e" meeting with one ofthe con~er CIedit cOU1JlIelingagencies listed at the end of this Notice.1lI!S- MEETING MUST OCCUR \VlT~'RIEN~XT (30)DAYS.!F YOU DO NOT APPLY FOREMElJ,GENCY , MORTGAGE ASSISTANCfi} YOU " .8TBRlNGYOURMORTGAGE UP 10 D~lE, THE PAllTOF mIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAIN HOW TO BRING YOUR MORTGAGEUP'fODAlE. , ' '.. . !;;QN~~R CREDIT C01!l"RliifING AGENCIES ." If)'OU m~ with C?1lC oftbe con~r medit counseling agencJes bsted at the end of this nol:itle, the 'Iendllr may NOT take action agamol you for thirty (30)days after the date oflllis meeting.The names addresses an4tel"1'oone numbers of desie:nated conSllli1er cn:dit counselinl! lUrencies for, the countv in which the uronertv is located_set forth at the end of this Notice, It ill only necessary to schedule one fac'e-lo-face meeting. Advise YOIU' lenderirinnildilltely ofyoilr intentions. APPLICATION FO~ MORTGAGE AiSSlSTANCE -. YOlU'mortgage is in defllllit for the reaSOllS set forth later in this Notice (see 10 wing pages for speeifiC,iUtOnnation about the nature of yOur default.) If you bavetried and are unable to resolve this problem with tlUl~,)'OU bave the right to ..pply for financial assistance from the HOllneowne!'s Emergency Mortgage AssisWicePrognun. To do so, you must fill out, sign and file a completed Homeowne!'s Eme:rgeney AssisWice Pmgmm Applic:ation with one of the designated consumer credit COlrnSllling agencies listed at the end of this Notice. Only consumer cn:dit colUlselingagencies bave applications for the pm,gram and they wi\I assist you in subinilting ..compl..... application to the PC9IlIsylvania Housing Flrnmce Agency. Y 0111' application MUST be filed or postmarked within thirty (30) days of you face-lo-face meeting. YOUMItnFll.EYODR APPLICATION PllOMPlLY, IF' YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PEmO])~ SET,FORTHINTHISLETTER,FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -. Available fimds for emexgency mortgage assistance ale veIy limited. They will be disbursed by the Agency under the eli~b!lity ~ e,s~blished by th~ A<:t. The ,!,nnsylva,nia Housing FinaiKJeAgen!lr has SlXty (60) days to make a declSlOn after it ICCIllVe. your application. During that time, no forecloSIIIC proceedings will be pumled against YOlI if you bave met the time requirements set 10rth above, You will be notified directly by the ]~ennsylvania Housing Finance Agency ofils decillion on your application. '~li _. _ r I ~ '''_c . GNIAC. Mortgage Corporation P,O. Box 85071 San Diego, CA 92186-5071 341i1 Hammond Ave P.O. Box 780 wa.terloo, IA 50704-0780 Servicing GIt\AC Mortgage D~e: September 16, 1999 ACT 91 NOTICE TAKE ACTION TO SA vtXH1B1T JL YOUR HOME FROM FORECLOSURE This is an official notice that the morteaee 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 HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to help to save vour home, This Notice explains how the prol!l'am 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 Counseline Aeencv, The name. address and phone 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 Hoasine Finance Aeencv toll free at 1.800.342.2397. (Persons with impaired headne can call (717) 780.1869). Tbis Notice contains important legal information, If you have any questions, representatives at the Consumer C,'edit Counseling Agency may be a,ble 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 fmd a lawyer, . LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NOCOMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNATRADUCCION IMMEDIATAM:ENTE LLAMANDO ESTA AGENCIA (p:ENNSYL V ANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NmtERO MENCIONADO AlUUBA, PUEDES SER ELEGIBLE PARA UN PREST AM:O POR EL PROGRAM:A LLAM:ADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE MINAR SU CASA DE LA PERDIDA DEL DERECHO A REDlMIR SU HIPOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: STEPHEN F. SWENSSON 115 CHERRY GROVE RD SHIPPENSBURG, PA 17257 LOAN ACCT,NO.: ORIGINAL LENDER: CURRENT LENDERlSERVICER: 306378760 N/A GMAC Mortgage ''''"'' 'T> ^ < T~ - - 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 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 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 offoreclosure on your mortgage for thirty (30) days from the date of this Notice. Dtrring that time you must arrange and attend a "face-to-face" meeting with one ofthe consumer credit counseling agencies listed at the end of this Notice. THIS M]~ETING 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 Off AULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. C~)NSUMER 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.The names. addresses and teleuhone numbers ofdesil!Illlted consmner credit counseling agencies for the co,mtv in which the urol'erty is located are,set.forth at the end ofthis Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. Af'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 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 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 counseling ag,mcies listed at the end of this Notice. Only consumer credit cmmselingagencies 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,IFYOUFAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HO~IE IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED, AGENCY ACTION -- Available fimds for emergency mortgage assistance are very limited. They will be disbursed by the Agency ,mder 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 ofits decision on your application. <''w.Iljllj_~_L Ili! - .=~ _.. [ 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 bankrupky you can still apply for Emergency Mortgage Assistance,) HOW TO CURE YOUR MORTGAGE DEFAULT (Brim! it UP to date). NATURE OF THE DEFAULT n The MORTGAGE debt held by the above lenderis on your property located at: 115 Cherry Grove Rd Shippensburg, PA 17257 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: April 1, 1998 through September 1, 1999. See attached Exhibit for payment breakdown. Monthly Payments Late Charges NSF Inspections Other Suspense 9,965.52 487.20 0.00 0,00 0.00 TOTAL AMOUNT PAST DUE: 10,452.72 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 THIRTY (30) DAYS of the date of this nOilice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 10, 452 .72 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments nmst be made either by cash. cashieI's check. ce,tilled 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 THIRTY (30) DAYS of the date of this letter: illD not use ifnot applicable.) N tAl' b1 o pp lea e IF YOU DO NOT CURE THE DEFAULT n If you do not cure the default within THIRTY (30) DAYS ofthe date ofthis Notice, the lender intends to exercise its ri2hts to accelerate the mortl!llF.e debt. This means that the entire oUlstanding 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 amOlmt past due is not made within THIRTY (30) DAYS, the lender also intends to instmct its attorneys to start legal action to foreeIose upon vour mort2a2ed m:~ IF THE MORTGAGE IS FORECLOSED UPON n The mortgaged property will 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 begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. Ihou cure the default within the TIDRTY (30) DAYS period. vou wiD not be required to pav attornev's fees. , ';~; 11 ", 10 ~~~.~ OTHER LENDER REMEDIES -- The lender may also sue you personally for the ,mpaid principal balance and all oth,er 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 beg>m, vou still have the rieht to cure the default and vrevent the sale at any time uv to one hour before the Sherifl's Sale. You mav do so bv vavine the total amOlmt then past due. Dlus anv late or other chames then due, re,asonable attornev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as sDeDilled in writine bv the lender and bv wformine anv other reauirements ,mder 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, EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sherifl's Sale oflhe mortgaged property could be held would be approximately six (6) months from the date of this Notice. A nolice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amo,mt needed to cm.. the default will increase the longer you wait. You may find out at any time exactly what the required payment or ,action will be by contacting the lender. HOW TO CONTACT THE LENDER: GMAC Mortgage Corporation 401 West 24th Street National City, CA 91950 (800) 850-4622 (619) 470-5579 CoHect,ion Dep\lrtment , EF'FECT OF SHERIFF'S SALE -- You should "alize that a Sherifl'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 Shenff's Sale, a lawsuit to remove you and your furnishings ,md other belongings could be slarted by the lender at any time. AS:SUMPTION OF MORTGAGE -- You mar' or may nQt ,sell or transfer your home to a buyer or transferee who wiR! assume the mortgage debt, provided that al the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of tile mortgage are satisfied. YOU MAY ALSO:HA VE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE TIllS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEF AULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSEliNG AGENCIES SERVING YOUR COUNTY IS ENCLOSED .""", . w ~,,"- .~, ,IJIJ 1IIm'", -, w ~,'_. .."_ ""' .' .., fJ ~ -!:::~ 'i<;l. ~ It:, Vj h ~ Q d 0 . ~ ~ )J .y 0 \0 0() . (') CJ 0 CJ .'n D ~ ;? "-~ .1 ~ f-{" ~ ::~;71 ~;g , , >~1 1--- -;. " , - t:!' "j'-,' C) ~~ -.. . c:s - --~ '-. :,n ~IJ --< In '-< "~ _ .....~M1!~~~_ ~~~'I!1ll!;'~'lW.jOj\~;;:\~~~i.'llR~~~.~flJ;J~I'~ffmA. l>[~_~ ~ ,~. ~ .v ... \. SHERIFF'S RETURN - REGULAR CASE NO: 2000-01466 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORP VS FELIX PEGGY D ET AL CHRISTOPHER EVANS , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, tIle within COMPLAINT - MORT FORE was served upon FELIX PEGGY D NKA SWENSSON PEGGY D the DEFENDANT , at 0019:11 HOURS, on the 22nd day of March ,2000 at 115 CHERRY GROVE ROAD SHIPPENSBURG, PA 17257 by handing to STEPHEN SWENSSON a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surchal-"ge 18.00 13.02 .00 10,00 .00 41. 02 ;;:92~~~t R. Thomas Kline me this '7 ~ day of 03/23/2000 MAR~y: @k~l>- Deputy Sheriff Sworn and Subscribed to before -{}f"':I dU7J7) A. D. <kf2'~ . , Prothonotary ~ :.~ " .. , II '. SHERIFF'S RETURN - REGULAR CASE NO: 2000-01466 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND G~'lAC MORTGAGE CORP VS FELIX PEGGY D ET AL CHRISTOPHER EVANS , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SWENSSON STEPHEN F the DEFENDANT , at 0019:11 HOURS, on the 22nd day of March , 2000 at 115 CHERRY GROVE ROAD SHIPPENSBURG, PA 17257 by handing to STEPHEN SWENSSON a true and attested copy of COMPLAINT - MORT FORE together with NOTI CE and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service )l,ffidavit Surcharge 6,00 .00 .00 10.00 ,00 16.00 SO;?;;;::' ~-<1~C R:.Thomas Kline me this 7e. day of 03/23/2000 MARTHA E, VON ROSENSTIEL BY@~~~ Deputy Sherif Sworn and Subscribed to before ~:t dUrvV A.D, ~t 0 'hJPd:~)~ thonotary .';'~-~ , -I , on