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HomeMy WebLinkAbout97-00642 ~\ I ~. I~ , , , . I~ ~ "" ~ o ~ V1 > '2 q :s-- .~ ( ~ \1 u q". ~ ~ ct ("~ '" -- Q: " .." 0- Q/l o:S ~.e- '- l>. ~ 0 .:>~ f \. \~ - . , '::l .... 110 i ''"'' :::; I \~~'H ''J/ " ~. ~~ @ ~t- ./ RECORD AND RETURN TO: UNIVERSAL AMERICAN MORTGAGE COMPANY 730 NW 107 AVENUE, SUITE 410 MIAMI, FLORIDA 33172 .~. : ilOG[:\T r. Z,"r.UR . . . .. . t I. RECOllDER OF DEEDS CUMBUiLAIlD COUNTY-PA '93 AUG 25 Al'110 5~ IS..... Abo..11ds LIDt Fo, Reconllaa DIIoI j 4101705 " MORTGAGE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE J APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS_ OR ITS AUTHORIZED AGENT, TIllS MORTGAGE ('Security Instrument') is given on AUGUST 13, 1993 . The mortgagor is ROBERT C. GOTTSHALL, JR, Al~D JILL F. GOTTSHALL, HUSBAND AND WIFE ('Borrower'). This Securily Instrumenl is given 10 UNIVERSAL AMERICAN MORTGAGE COMPANY , which is organiud and existing under Ihe laws of THE STATE OF FLORIDA , and whoso address is 730 NW 107 AVENUE, SUITE 410 MIAMI, FLORIDA 33172 ('Lender'). Borrower owes Lender the principal sum of EIGHTY ONE THOUSAND THREE HUNDRED FOUR AND 00/100 Dollars (U.S. $ 81,304.00 ). This debt is evidenced by Borrower's note daled the same date as this Security Inslrument ('Note'), which provides for monlhly payments, with the full debl, ifnot paid earlier, due and payable on SEPTEMBER 1, 2008 . This Security Instrument secures 10 Lender: (a) the repayment of the debl evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Securily Instrumenland lb. Note. For this purpose, Borrower docs hereby mortgage, granl and convey to Lender the following described property lcealed in CUMBERLAND County, Pennsylvania: SE LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS MENTION MADE A PART HEREOF. . which has the address of 6315 BRANDY LANE, MECHANICSBURG Pennsylvania . 1 7z2 ~do ('Property Address'); .-' City , 19t? E "IE. buor,115S fACE 662 BOOK .. .. lAC r. ~ DPS tlU Form 3038 8/80 w- PENNSYLVANIA.Singl. Familv"'onnl. Mo.lF..ddio Moc UNIFORM INSTRUMENT p..., of 0 ~ .8VIPAI ~I061 \/MP MORTGAQ[ fORMS. 13131213,1100.18001621.72" .. .-...-. ....... TOGETHER WITH all ihe imlir?-ements now or hereafter ereeled on Ibe property, and all easemenL., appur\cnances, and fix lures now or hereafte. a part of Ibe property. All replacements' and additions shall also be covered by Ibi. Security Instrument. All of Ibe foregoing is referred to in Ibis Security Instrument as Ibe "Property. " BORROWER COVENANTS that Borrower is lawfully scised of Ibe estate hereby conveyed and has Ibe right to mortgage, grant and convey Ibe Property and Ibat Ibe Property is unencumbered, except for encumbrances of record. Borrower warranta and will defend generally Ibe title to Ibe Property against all claims and demands, subject 10 any encumbran~es of record. TIllS SECURITY INSTRUMENT combines unifonn covenants for national use and non-unifonn covenants wilb limited variations by jurisdiction to constitute a unifonn security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Prindpal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due Ibe principal of and interest on Ibe debt evidenced by Ibe Note and any prepayment and late charges due under Ibe Note. 2, Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on Ibe day monlbly payments are due under the Note, untillbe Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over Ibis Security Instrument as a lien on Ibe Property; (b) yearly leasebold payments or ground rents on Ibe Property, if any; (c) yesrly hazard or property insurance premiums: (d) yearly flood insurance premiums, if any: (e) yearly mortgage insurance premiums, if any; and (I) any sums payable by Borrower to Lender, in accordance wilb the provisioDl of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items. " Lender may, at any time, collect and 110ld Funds in an amount not to elC...J the =ximum amowlt a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as -m-led from time to time, 12 U.S.C. Soction 2601 n seq.. ("RESPA "), unless another law that applies to the Funds seIa a lesser amount. If so, Lender may, at any time. collect and hold Funds in an amount not to exceed the lesser amount. Lender.NY estillll'le th~ smollnt of Funds due on the basi. of current d.ta and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funda shall be held in an institution whose deposits are insured by . federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicahle law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides olberwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds lUId Ibe purpose for which each debit to the Funda was made. The Funds are pledged as additional security for all sums secured by Ibis Security Instrument. If the Funda beld by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funda in accordance wilb the requirements of applicable law. If the amount of the Funds held by Lender at any time i. not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund 10 Borrower any Funds beld by Lender. If, under paragraph 21, Lender shall acquire or sell Ibe Property, Lender, prior to the acquisition or sale of the Property. shall apply any Funds h.!~ by Le:ldcr at ~~c time "r ""'Iui.iliou or sale as a credit against the sums secured by thi. Security Instrument. 3. Application of Payments. Unless .pplicable law proviJes otherwise, all payments received bj' Lender unde~ paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest doc: fourth, to principal due; and last. to any late charges due under the Nole. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, flOes and impositions attributable to the Property which may altain priority over this Security Instrumenl, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on tilllC directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by Ibe lien in a manner acceptable 10 Lender; (bl contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien: or (c) secures from the holder of the lien an agreement satisfllCt~ry to Lender su!x>rdinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying Ibe lien. Borrower shall satisfy the lien or take one or more of the lICtions set forth above within 10 days of the giving of notice. , . . -- .6r.IPAJ '"'"" ~ . P'r- 2 or8 rooK1212 fAGE 216 DPanu F..m;:~ I~~ ~ t 159 f'Acr fJ63 . 4101705 S. Hazard or Property hl~unll. Jorrower shall k""p tlte improvemeo~~ n.. ;. xisling or hereafter erected on the . Prpf.crty insured a~ainslloss by flfll, hazards included within the term 'extended coverage' an,J any olher hazards, including noods or nnodin!;, for which LOndi:r.n>quircs insuran~e. This.ilj.~urance mall be maintained in the amounts and for the periods that Lender rcqui:... The insurance carrier providing tho' insurance mall be chosen by Borrower subject to Lender'a approval which mall not be unreasonably withheld. If Borrower fails 10 maintain'coverage described'above, Lender may, al Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and Rllowals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to bold the poli~ies and Rllcwals. If Lender requires, Borrower shall promptly give to Lender all rcceipla of paid premiums and Rllowal notices. In the event of 1088, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may malee proof of 1088 if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or lepair is economically feasible and Lender's securily is not lessened. If the resto/1ltion or repair i9 nol economically feasible or Lender's securily would be lessened, the insurance proceeds shall be applied to lbe suma secured by this Security Instrument, whether or nol then due, with any excess paid to Borrower. If Borrower abandons tho Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered 10 settle. claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrumenl, whether or nol then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any spplication of proceeds to principal shall not ex\cod or postpone the due date of the monthly payments referred to in parag/1lpbs I and 2 or cbange the amounl of the paymenla. If under parag/1lph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds I'ClI\Illing from damage to the. Property prior to the acquisition shall pass 10 Lender to the extent of the sums secured by this Security Instrumenl iriimediately prior to the acquisition. 6. Occupancy, l'reserTation, Maintenance and Pro\fction of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, eslablish, and use the Property as Borrower's principal residence within sixly days aller the execution of this Securily Inslrumentand shall continue to occupy the Property as Borrower's principal residence for alleasl one year aller the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless exlcnuating circumstances exisl which arc beyond Borrower's control. Borrower shall nol deslroy, damage or impair the Property, allow the Property 10 delerio/1lte, or commit wasle on Ihe Property. Borrower shall be in default if any forfeituro sction or proceeding, whether civil or criminal, is begun thai in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security inlcrest. Borrower may cure such a default and reinstate, as provided in parag/1lph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeilure of Ihe Borrower's inlerest in the Property or other malcrial impairmenl of the lien created by this Security Inslrument or Lender's security interest. Borrower shall also be in defaull if Borrower, during the loan application process, gsve malcrially false or inaccurate informalion or stalcments to Lender (or failed to provide Lender with any material informalion) in connection with the loan evidenced by the Note, including, bul nollimited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Inslrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property. the leasebold and the fee tille shall not merge unless Lender agrees to the merger in writing. 7. Pro\fction of Lender's Rights in the Property. If Borrower fails 10 perform the covenants and agroemenla contained in tbis Security InstDllnent, or there is a legal proceeding thai may significantly affect Lender's rigbts in tho Property (such as a proceeding in baoktuptcy, probale, for condemnation or forfeiture or to enforce Isws or regulations), then Lender may do and pay for whatever is n~ 10 protect the value of the Property and Lender's righla in the Property. Lender's actions may include paying any sums secured by . lien which bas priority over this Securily Inslrumenl. appcarlng in court, paying reasonable attorneys' fees and'C:ltericg on tbe Propcrtyto make repsirs. Although Lender may laIce action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this pa/1lgrapb 7 shsll become addilional debl of Borrower secured by Ibis Security Instrument. Unless Borrower and Lender agree to other lcrms of payment, these amounts shall bear inlcresl from the date of disbursement at the Note rate and shall be paysble, with interest, upon nolice from Lender 10 Borrower requesling payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by Ibis Securily Instrumenl, Borrower shall pay the premiulllS required 10 maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiUIIIS required 10 obtain cove/1lge substa~tially equivalent 10 the mortgage insurance previously in effect, al . cost substanlially equivalent to the cosl to Borrower of the mortgage insurance previously in effecl, from an aUemate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower sball pay to Lender escb month. sum equal 10 one-twelfth of the yarly mortgage insurance premium being paid by Borrower wben the insurance coverage lapsed or ceased to be in effecl. Lender will ~pt, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve DPB ". Form 3039 , r , G .6RIPA1,.,ulI .. PIQI3 ole ''''' . ~oo~1212 fACE 217 BiiiiK 1159 PAGE 66ct payments may no long~r. be ",!!uired, al.lbe option of Lender. if m:>rtgage in.,u"~cq covel1lse (in ihD llI1lOunl and for Ibe period thai Lender requires) provid<d by.an msurerillf'l*ov<d by Lender again becomes available and is obtained. Borrower shall pay tho premiums required In maintain mortgage insurance in effecl, or to provido a loss reserve, until the requiremenl for mortgage insurance ends in accordance with any written agreemenl between Borrower and Lender or applicablo law. 9. wpedion. Lender or i~ agent may make reasonablo entries upon and inspections of tho Property. Lendor shall givo Borrower nolice at thotimo of or prior In an inspection specifying reasonablo cause for tho inspection. . 10. Condemnation. Tho proceeds of any award or claim for damages, direct or consequenlial, in conneclion with any condemnation or other taking of any part of tho Property, or for conveyance in lieu of condemnation, are h~reby assign<d and shall be paid \0 Lender. In tho event of a InW taking of Ibo Property, tho proceeds shall be appli<d 10 tho sums secured by thia Security Inshument, whctber or not then due, with any cx.- paid In Borrower. In Ibo event of a partial taking of tho Property in wbich tho fair market value of lbo Property immediately before lbo taking is equal to or greater than lbo amount of tho sums aecured by this Security Instrument immediately before tho taking, unless Borrower and Lender otherwise agree in writing, tho sums secured by this Security Instrument shall be reduced by lbo amount of lbo proceeds multipli<d by tho following fraction: (a) tho IntaJ amount of the sums scc:ured immediately before lbo taking, divid<d by (b) tho fair market value of tho Property immediately before tho taking. Any balance shall be paid In Borrower, In tho event of a partial taking of tho Property in wbich Ibo fair market value of tho Property immediately before tho taking is less than tho amount of tho sums aecured immediately before tho taking, unless Borrower and Lender othorwise a~ree in writing or u~less spplic::ble law olhuwise provides, tho proceeds shall be appli<d In tho suma secured by thia Security Instrument whctber or not tho sums are then due. If tho Property is abandon<d by Borrower, or if, after notice by Lender to Boirowcr that tho coJldeClllor offCCll In mako an award or settle a claim for damages, Borrower fails \0 respond to Lender within 30 days after tho dale tho notice is given, Lender is a::lbnri:'ld 10 collecl L~d 3pply tho proceeds, at i!s opHon, eilbtr to reslo..lion or repair of lbo Prop-"ty or In 1M sums secured by this Security Instrument. whctber or not lben due. Unless Lender and Borrower otherwise agree in writing, any spplication of proceeds 10 principal shall not extend or postpone tho due date of tho monthly payments referred to in paragraphs I and 2 or chango the amount of sucb paYmcDts. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of tho sums secured by this Security Instrument grant<d by Lender to any successor in interest of Borrower shall not operate In release tho liability of tho original Borrower or Borrower's successors in interest. Lender shall not be required In commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of tho sums secured by this Security Instrument by reason of any demand made by lbe original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude tho exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liahility; Co-sillners. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject In the provisions of paragraph 17. Borrower's covenants and sgreements shsll be joint sod several. Any Borrower who co-signs this Securily Instrument but does not execute tho Note: (a) is co-signing Ibis Security Instrument only to mortgsge. grant sod convey that Borrower's interest in Ibo Property under Ibe terms of this Security Instrument; (b) is not personally obligal<d In pay Ibe sums secured by this Security Instrument; sod (c) agrees Ibat Lender sod any other Borrower may agree to extend, modify, forbear or make any accommodations with regard In the terms of Ibis Security Instrument or Ibe Note without that Borrower's consent. 13. Loan Charges. If tho loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interesl <,r other 10"" charge:: collected or to be collectcd in connection with the loan exceed tho permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary In reduce the charge In tho pcrmittOO Iill'jt; sod (b) allY sums .Irwly collected frOll1 Borrow.r wilich exceed::d permill<d limits will be refunded In Borrower. Lender may choose to malee this refund by reducing the principal ow<d under the Note or by making a direct payment In Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment chargo WIder the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be direct<d to tho Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address slated herein or any other address Lender designates by notice to Borrower. Any notice provid<d for in this Security Instrument shall be deemed \0 have been given to Borrower or Lender when given as provid<d in thi9 paragraph. 15. Governing Law; Se,erability. This Security Instrument shall be governed by federal law and tho law of the jurisdiction in which the Property is located. In tho event th.t any provision or clause of this Security Instrument or tho Note conflicts with applicablolaw, such conflict shall not affect other provisions of this Security Instrument or tho Note wbich can be given effect without tho conflicting provision. To this end the provisions of this Security Instrument and tho Note are declared In be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Noto and of this Security Instrument. . nps 1111 218..,..;.. For,m..._~.39 ~oo~ 1212 ~~~l BoOK 1 159 rAGE fi65 cD! .6RIPA) 111011 . e. . 4101705 17. Tran,f... of the Property or u Ikndiciullnt"'15t in Borrower. If all ," any,.." of the !'roperty or any inleresl in it is ~'Jld or lransferred (or it I benelicial inlerc.,l in Borrower i. sold or lran.,ferred and BLrrower ;s nol a nalural person) withouI Lender'. prinr wrill:n consenl, Lender may, at i15.option, require immediale payment in full of all sums secured by thi. Securily InstrulllCl.t. However, thi. option shall not bcoexercised hy Lender if exercise is prohibiled by federalllw u of the dale of thi. Securily Instrument. If Lender exerci... thi. option, Lender dlall give Borrower nouCC;of acceleration. Tho notice shall rrovide I period of not less than 30 day. from the date the nolice i. delivered or mailed within which Borrow~ must pay aI sums secured by this Securily Instrument. If Borrower fails 10 pay these sums prior 10 the elpiralion of thi. period, Lender may invoke any remedies permilted by thi. Security Inslrument without further notice or demand on Borrower. 18, Borrower's R1\lht to Reinstate. If Borrower mec15 cerUin conditions, Borrower shill have the righl to have enforcement of Ibi. Secunty Instrumenl discontinued It any time prior to th. earlier of: (a) 5 day. (or such other period u Ipplicable Ilw may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in thi. Security Insh)lment; or (b) entry of a judgment enforcing thi. Security Instrument. Those conditions Ire that Borrower: (I) pay. Lender all sums which then would be due under thi. Security Instrumenl and the NOle u if no acceleration had occurred; (b) CUrcB any default of any other covenan15 or Igrccmen15; (c) pay. all elpenses incurred in enforcing thi. Security Instl'WllCllt, including, but not limited to, reasonabl. Ittorney.' fees; and (d) takes such action u Lender may reasonably require to ISIUre that the lien of this Security Instrumenl, Lender'. rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrumenl shall continue unchanged. Upon reinstatement by Borrower. thi. Security Instrument and the obligltions secured bereby dlall remain fully effective IS if no acceleration bad occurred. However, tbis rigbtto reinstale dlall notlpply in th. case of acceleration under paragrapb 17. 19. Sale of Note; Change of Loan Senic.... The Note or a partial interest in the Note (together with this Security InstrulllCllt) may be sold on. or more tilll<S without prior notice to Borrower. A sal. mal' result in a change ill the entity (known u th. "Loan Servicer") that collects monlbiy paymen15 due under the NOle and this Security Instrument. There also may be one or more changes of th. Loan Servicer unrel.ted to a sal. of the Nol.. If there is a cbnnge of the Loan Servicer, Borrower will be given writlcn notice of the cbange in accordance with paragrapb 14 above and Ipplicable Ilw. The notice will stale the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by Ipplicable Ilw. 20. Hazardous Substances. Borrower shall not causc or permitlhe presence, usc, disposal, slorage, or release of any Haurdous Substances on or in th. Property. Borrower dlall not do, nor allow anyone else to do, anything affecting the Property that i. in violation of any Environmental Law. The preceding two sentences sbalI not apply to Ibe presence, usc, or storage on the Property of small quantilies of Hazardous Substanecs that are generally recognized to be appropriate 10 nonnal residential uses and to maintenance of the Property. Borrower shall promptly give Lender wrillen notice of any invesligation, claim, demand, lawsuit or olber action by any governmental or regulltory Igency or privale party involving the Property and any Hazardous Substance or Environmental Law of whicb Borrower bas actual knowledge. If Borrower learns, or is nolified by any govemmental or regula lory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all DCCC8SIty remedial actions iD accordance with EDvironmental Law. As used in this paragrapb 20, "Hazardous Substanccs" are those substances defiDed as toxic or hazJrdous substances by EDvironmental Law and the following subslances: gasoliDe, kerosene, other flammable or toxic petroleum products, toxic pesticides and berbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioaclive matenals. As used in thi. paragraph 20, "Environmental Law' means federal laws and laws of the jurisdiction where Ihe Property is located that rei at. to bealth, safely or enviroDmcDtal prolectioD. NON-UNIFORM COVENANTS. Borrower and LeDder further covenant and agree as follows: 21. Accelerationj Remedies, Lend... sh:111 give notice to Borrower prior to acceleration following Borrower's breach of any connant or agreement in this Security lnslrwnent (but not prior to acceleration und... paragraph 17 unless applicable law provides otherwise), ' Lend... shall notify Borrow... of, among oth... things: (a) the default; Ib) the action required to cure the deJ'uultj Ie) when the default must be cured; aOlI Id) that failure to cure the default as specified may mult in acceleration of the swns secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender sba1l further infonn Borrow... of the right to reinstate after acceleration and the right to assert in the foreclnsure proc:teding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. Ifthe default is not cured as s~fied, Lend..., at its optiun, 'ma}' rcqulre immediate payment in full of all sums secured by this Security lnstrument WIthout further demand and may foreclose this Security Inslrwnent by judicial proc:teding. Lender &hall be entilled to collect all expenses incWTed in pursuing Ihe remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of tille eVidence to the extent pennitted by applicable law. 22. Release. UPOD payment of all sums secured by this Security InstrumeDl, this Security IDstrumeDt and th. estale CODV.yed shalltcrminat. and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without cbarg.to Borrower. Borrower sh.1I pay any recordation costs. 23. Waivers. Borrower, 10 the extent permitted by applicable law, waives and releases any error or defects iD proceedings to enforce this Security Instrument, and bereby waivcsthe benefit or any present or future laws providiDg for stay of executioD, extensioD of time, exemptioD from attachment, levy and sale, and bomestesd exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall ex lend to ODe hour prior to the commencemeDt of bidding at a sheriWs sale or olber sale pursuant to this Security Instrument. 25. Purthase Money Mortgnge. If any of the debt secured by this Securily Instrument is lent 10 Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees th.tthe interest rale pay.ble after ajudgmenl is enlered on the Note or in an action of mortgage foreclosure sball be the rate payable from time 10 time under the Nole. G .8RIPAI 1t,01l . bOOK t :~1? I'm 213 PIO" 01 tI boOK 1159 fACE fiSH DPS "11 F..m~~ I.'~ Y,4.".~(Moooe~1 ==1~1~r:".i~:r- .............,....."'..-. :::::'~l MORTGAGE NOTE l'ENNSYL VANIA 4101705 LIl459244 NOTICE: THIS LOAN IS NO'f ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. $ 81,304.00 FOR VALUE RECElVED.llI. undmiined. ROBERT C. GOTTSIIALL, JR. AND JILL F. GOTTSIlALL MECIlANICSBURG , Pennsylvania. UNIVERSAL AMERICAN MORTGAGE COMPANY ,hereinaRer ailed the Maker, promiMl to pt.)' tn I corporation oraaniud and clislin, under the IIWI of the THE STATE OF FLORIDA hereinafter deaianated u the Payee, tbe principallurn of EIGHTY ONE THOUSAND THREE HUNDRED FOUR AND 00/100 Dollan($ . or order, with inlereat from dale Illbe rale of SEVEN per centum ( 7. 0000 ~) per annum on the unpaid balance unlil paid. The lIid principal and intend &hall be payabl. II th. om.. of UNIVERSAL AMERICAN MORTGAGE COMPANY 730 NW 107 AVENUE, SUITE 410 in MIAMI, FLORIDA 33172 at or auch place u the holder may deaianale iD writina in moalhly Uutallmenll of SEVEN HUNDRED THIRTY AND 79/100 81,304.00 ). Dollall($ 730.79 ), C<lOUllelleina 00 th. filii day of OCTOBER . 1993 . IJId 00 the filii day of...b month 1lI.,..n., W1hllll. priacipaland inlere&t Ire tUlly paid. elcerlthat the fmal paymenl of the entire indeblcdacu evidenced bereb)'. if Dot IOOncr paid, abell be duolJld payabl. 00 1lI. fillt day of SEPTEMBER . 2008 Privilcle il reserved 10 prepa)' al an)' time, Wilhoul premium or fee, the entire iadebtedacu or M)' pan theROf not leu than the amount of one installment, or One Hundred Dollars (SIOO,(X)), whicbever illca. Prepaymenl in full aball he crediled on the dale received. Panill prept.ymenl, other than on an installmenl due date, need Dot be credilcd untillhe DClI followina installmenl due date or thiny daYI .ner luch prepaymenl, whichever is earlier. Simultaneously with the elecution of this Nole the Maker hu eleculcd and delivered 10 Lbe Plyee a MonalJe I<<Ured upon certain premises situaled in the Counl)' or . Commonwealth or Pennsylvania, more panicularl)' described in the MOI1,lle. All of the terms, covenants, provisioRl, coadilioRl, Itipulllions and a,reementl contained in lIid Monaale to be kept and performed by the Maker are bereby made I pan of thil Nole 10 the lime Cllenl and with the same rorce and effecl u if Ihey were fully sel forth herein, and the Maker CQveoaollMd 1,f'CUi to perronn the same, or cause the lime 10 be kept and performed, slrictly in accordance with the terms and provisions 1lI....f. The whole of the prinCipal sum or any pan thereor, and of an)' olher sums of mone)' secured by the MOl1lalciiven 10 secure this Note, shall, forthwith, Illhe oplion or the Payee or an)' subsequenl holder theROr, become due and payable immedialely, wilhout notice or demand, ir default be made in an)' payment under this NOle, and if the deflult is not made aoOO prior 10 the due dale or the nell such installmenl: or upon the happenin, of any default which, by the terms of the MOl1llic,iven to ltCure this NOle, shall enlille the Plyee, or any subsequent holder heROf, 10 declare the lime, or any pan thereof. 10 be due and paYlble. The Maker does hereby empower any allome)' of an)' coun of record within the Unilcd States or elsewhere to appear for Maker, with or without a declaralion filed, and confcu jud,mtnt or judlmtnts allinst said Maker iu ravor of thc Pa)'ee or any subacquent holder bereor, u of any lerm, for the entire unpaid principal of this NOle, and aU other IUrns paid by Ihe bolder belllOf 10 or on behalf of the Maker punuanlto Ihe lemu of this Nole or said M0l11a,e, and In arTCIraiCl of interesl thereon, wiether wilh COSll of suil, IlIomey', commission or " for collection, and a rcle.ue of all errors, on whicb judamenl eleculion or elecutions ffiI)' iuue fOl1hwilh. The Maker hereb)' waivea the ri,bl of iuquisilion 011 all propen)' levied upon to collect the indebledneu evidenced hereb)' and doea voluntaril, condemn the lime and authoriw the Prolhol1otary to enter such condemnalion, and waives and rele&Sel IlIlaWl, now 10 fol'tCl or beruner enacted, relaliollo exemption, appraisement or SLay of execulion. Tho aareemenLa herein contained shill bind, and Ihe benefits and advantalu shall inure 10, the I'CIpCClive SUCCessoR and wiens of the paniu hereto. Wherever used, the sinJUlar number shall include the plunl, the plurallhe sinl'llar, and the use of any ,eader aball be Ippllcable to alllcnden. IN WITNESS WHEREOF, the Maker bu caused these presentJ 10 be ~leculcd er leal the day and year first above wrilten. f.ul II __ Slped, Sealed and Dehvered 10 the Presence of: (ll'f. /. (SeAl) OBER~C.~O LLA JR. ~.Q c;.. ~_ rI+Q.;."'~v (Sui) J(tL F. C TTSHALL '- (Sui) (SuI) ~21'AIIIIUI nns IS TO CERTIFY lblf this is thc Note described in and leCured by Monalae of evCQ dale herewith ltCured on real catale .iluated in CUMBERLAND Counl)', Conunonwealth of Perwylvania. --" ~ ~:" e,' .."'.,. :",~(~'~~~ \ f.tyO":'n,.,~,L ;-~~&4OIt~I.IIIJI2U'IOO.I'OO"21"UI .'l"..x:",:::,:~..-"......,.o.;:...,F.,":T<t:' NtJu"hblJr. Drsl146 I//./)/ :'.j:, ~ DAMe UNIV~H$A~ AMERICAN MOCE COMPANY 4 a...w ~-.....a.v July 3, 1996 LA NOTIFICACION EN ADJUNTD ES DE SUMA IMPORTANCIA PUES AFECTA SU OERECHO A CDNTINUAR VIVIENDD EN 5U CASA. 51 NO COM~RENDE EL CONTENIOO OE E5TA NOTIFICACI0N OBTENGA UNA TRADUCCION IMUEOIATAMENTE LLAMANDA EsTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUUERO 1(8001342-2397. PUEDes SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMAOO "HOMEOWNERS'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEOE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. IMPORTANT: NOTICE OF HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS. ROBERT GOTTSHALL JR 6315 BRANDY LANE UECHANICSBURG PA 17055 RE: Loan No, 4101705 Property: 6315 BRANDY LANE MECHANICSBU PA 17055 Dear ROBERT GOTTSHALL JR Your mortgage Is in serious default because you have faIled to pay promptly installments of principal and Interest, as requIred for a perIod of at least SIxty (60) days. The total amount of the delinquency Is $2,606.0B. That sum includes the follOWIng: Monthly payments for May 01, 1996 thru July 01, 1996 Current late chargels) Previous late chargels) Current NSF chargels Previous NSF chargels) Your mortgage is also In default for the following reason: 2,460.00 65.60 65.48 15.00 .00 You may be elIgIble for flnanoial as.lstanoe that wIll prevent foreclosure on your mortgage If you oomply With the provieions of the Homeownere' Emergency Mortgage Assistance Aot of 1983 (the "Act"). You may be eligible for emergency tomporary a.sistanoe if your default has been caused by olrcumsfences beyond your control and if yOU meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Pleaso road all of this notIce. It contains an explenation of your rights. Undor the Act, you are entitled to a temporary stay of foreclosure on your mortgege for thirty (30) days frnm the date of this notice. During that time, you have the rIght to arrange a "face-to-face" meeting with a representative of thIs londer or with a deslgnated consumer credit counseling agency. The purpose of that meetIng is to attempt to work out a repaymont plan or to otherwIse 5ettle your delinquenoy. That moeting muat occur WithIn tho next thirty (3D) days. If you attend a face-to-faco moeting with thi5 lender or with a consumer credit counseling agency ldonUf1ed in this noucel no further proceedIng 1n mortgago foreclosure may take place for (30 days after the date of that meetlng. 730 Northwest 107 Avenue I Suile 410 I Miami. Florida 33172 Telephone: (305) 559.3068 I Fax: (305) 225.B974 DEe-II 96 12:52 FR01:l.tHVES Af10R ~TGAGE 3(J5229&652 TO: &097848322 ~ JJAM~ UI'IIVgRSA~ AMf:RICAI'I MO~P~ .- -.... The name, address and telephone number of our representative is: Universal American Mortgage Company 730 N.W, 107 Avenue, Suite ~10 Miami FL 33172 Telephone Number: 800/7~1-385l lToll Free) 305/229-6590 Miami Areal The namelsl and addr.ssles) of designated consumer credit counseling ag.ncyllee is/are on the attach.d list. It is only necessary to schedule one face-tO-face m..tlng. You should advise this lender i~diately of your int.ntion. If you have trled and are unable to resolve this problem at or after your face-tO-fece meeting, ~ou have tho rlght to apply for flnancial assistance from the Homeowners Emergency Mortgage Assistance Fund. In order to do this, you must fill out sign and file a completed Homoownerc' Emergency Assistanc. Application with the pennsylvania Housing Finance Agencl' The consumer cr.dit counseling agency will assist you in comp .ting your application, It must tie flied or postmarked within thirty (30) days of your face-tO-face meetlng. You must elther mail your application application to the pennsylvania Housing Finance Agency, or you must file lt at the off1ce of one of the d.signated consum.r credit counseling agencles list.d above. the Pennsylvania Housing Finance Agency is located at: 2101 North Front Street, Harrisburg, PA 17110, phone number: 717/780-3800 or (800)3~5-8597 which is a toll fr.. number. An application for assistance may b. nbtained from this lender, from a consumer credit counseling agency or directly from the P.nnsylvania Housing Finance Agency. It is .xtremely Important that you file your applicatlon promptly. If you do not or if IOU do not follow th. other time periOdS .et forth in this letter, forec osure may proceed against your home immediately. Available funds for .mergency mortgage asel.tance are verI limited and are disbursed by the Ag.ncy under tne eligibl1ity criter a .stablished by the Act. It is extremely important that your application be accurate and compl.t. in everI r.spect. The counseling agency will help you to fill out the applicat on. The Pennsylvania Housing Finance Agency has sixty 1601 days to make a decision after it recelves your apPlication. During that additional time, no foreclosure proceedlngs will ba pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of itl decision on your application. In addition, IOU will recelve another notlc. from thiS lender under Act 6 of 1974, wh ch is called a "Notice of IntenUon to Foreclose,. You must read both notic.s, slnce they both .xplain rights that ynu now have under Pennsylvan1a law. If you choose, how.veri to ex.rcise your rights describe~ In this notice! we cannot for.c ose upon you durlng thet time. Also if you rece v. financial assistance from thi Pennsylvania Housing F1nance AgencI' your home cannot be foreclosed upon whl1. you are r.c.iving that ass stance. Rnpectfully, ELAINE MITCHELL Collectlon Olpartment 730 Northwest 107 Avenue/ Suite 410/ Miami. FIOfida 33172 Telephone: (305) 559.3068/ Fax: (305) 225.8914 PAGE: 03 " DEC-ll 9& 12:53 FR01:l..tlIVES ~R I'URTGAGE 30522%662 TO:61J97848322 PAGE: (J4 uAMc UNIVt;f\SAL AMtf\/CAN MOf\TOIo0~PANY ",....".,."".,.. ~ July 3, 1996 lteR~g~AFI~cAgM~u.JD~~~I~N~~ ~~ S8U~SA~M~~R~SNgAQ~RE~g~sELA~5~~~NIg~ DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAUENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO 1(~342-2391. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LL 0 "HOMEOWNERS'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA OE LA PEROIDA DEL DERECHO A REDIUIR SU HIPOTECA. IMPORTANT: NOTICE OF HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY DE ELIOIBLE FOR FINANCIAL ASSISTANCE TOWARO YOUR MORTGAGE PAYMENTS. JILL GOTTSHALL 6315 BRANDY LANE MECHANICSBURG PA 17055 RE: Loan No. Property: '+101705 6315 BRANDY LANE MECHANICSBU PA 17055 Dear JILL GOTTSHALL Your mortgage ls in serious default because yOU have Tailed to pay promptly installments aT prlncipal and Interest, as required Tor a period aT at least sixty (60) days. The total amount oT the dellnquency is 2,606.08, That sum Includes the followlng: Monthly payments for May 01, 1996 thru July 01, 1996 Current late charge(s) Previous late chargels) Current NSF chargels PreviOUS NSF charge(S) Your mortgage Is also in default ror the following reason: 2,460.00 65.60 65,48 15,00 .00 YoU may be eligible for financlal assistance that will prevent foreclosure on your mort gaga if yoU comply with the provisions oT the Homeowners' Emergency Mortgage AssIstance Act aT 1983 (the "Act"). You may be eligible Tor amergency temporary assistance if your deTault has bean caused by circumstances beyond your control and iT you meet the eliglbl1ity requirements of the Act as determined 6y the Pennsylvania Housing FInance Agency. Please read alloT thls notice. It contalns an explanation 01 your r1ghts. Under the Act, you are entitled to a teMporary stay of Toreclosure on your mortgage for thirty (3Dl days Trom the date of thIs notice. Dur1ng that time, you have the r1ght to arrange a "face-to-face" meetlng wIth a representative 01 th1s lender or with a deeignated cnnsumar creait counselIng agency. The purpOse 01 that meetlng 1$ to attsmpt to work out a repayment plan or to otherw1se aettl. your delinquency. That meat1ng must occur w1thin the next thirty (30) daya. IT you attend a Tace-to-race meet1ng w1th th1s lender or with a consumer credlt counseling agency Identlf1ed 1n this notice, no Turther proceeding In mortgags roraclosure may take place Tor (30 day. after the date of that ~eetlng. 730 Northwest 107 Avenue I Suite 410 I Miami, Flol'lda 33172 Telephone: (3051559.30681 Fax: (305) 225.8974 !:f.C-ll % 12:54 FR(J1:lJlll'ES Ff'ER tJJ.lllil'l'';!; JU'occ":'bbbc 'U: bU'.~ IU.IUJcc ~-------- DAMe UNIVERSAL AMERICAN MOR'TOAO'; COMPANY __ '" .....".,nww.-""" ~ The name, addre'l and telephone number of our repre.entatlve IS: Unlver.ol Amerlcan Mortgage Company 730 N,W. 107 Avenue, Sulti 410 Miami, Fl 33172 Telephono Nu~Der: 8001741-3851 lTOll ~reel 305122Q-65QO Miami Area) The name(I' end addr.al(esl Of (a) deslgnetod consumer credlt counleUng agency(1Os) 11 are) on the aftached Un. It 1& onlY nec.ssary to sche~ule onu face-to-faco meetlng. You should advl,e thli lender lmmedlately of your lntentlons. If you have tried and are unable to resolve thls problem at or after your face-to-face meeting, you have the right to apply for flnanclal aaalltance from the Homeown.r, Emergency Mortgago Asalltence Fund. In oraer to do thls, you mUlt flll out sign Ind file a completed HomeD*nerl' Emlrgoncy AIUshnce Appi1catlOn with the p.nnlylvanla Houllng Finance A ency. The conluner credlt cnunlellng agenoy wll1 nUst you ln completing your application. It mult e flied or poatmarked within thlrty (301 dals of your face-to-face meeting. You mUlt .lth.r mall your appl cat on to th. Pennaylvanla Houllng Flnanc. Agency, or you mUst fl1. lt at the Of rice of one of the doolgnated con.umer orodlt counseling agencies listed abovo. The Penn'ylvanla Housing Finance Agency Is 10catod at: 2101 North Front Street, Harrisburg, PA 17110, phone number: '1717BO-3800 or 18001345-8SQ7 whlCh Is a toll rree number. An application for aSllltonc. may be obtained from thiS lender, from a consumer credlt counlellng agency, or dlrectly frOm tho Plnnlylvanla Houllng Finance Agoncy. It Is extremlly lmportant that you flle your apPllcatlon promptly, If you do not or If you do not follow the other time perlodl set rorth In thll letter, foreclosure may procoed against your homa l~ealatelY, Available funds for emergency mortgaga as'lstance are verI llmltad and are disbursed by the Agjncy under tfio ellglblllty crlter R e.tabllahed by the Act. It Is extremely Important that your appllcatlon II accurate and complete ln every respect. The couns.llng eguncy Wll1 help you to fill out the appllcntlon. The Penn.ylvanla HOUsing Finance Agency haa a1xty t601 days to make a decl11bn after It recelvel your application, Our ng that additional time, no fnreclosure proceedlngs will be purlu.d against you If you have .et the time requlrementl let forth above, You wIll be hotlfle~ dlrectly by that Agency of Its decl.lon on your appllca Uon. In addltlon, you Will recelve another natlca from thl. lender und!r Act 6 nf IQ74. Which ls called a "Notice of Intention to Foreclose. You must read both notice'. Since they both explain rlghta that IOU now have under Pennsylvania law. If you choa.e, however, to nxerc I' your rights deacrlbed In thll notice, w. cannot foreclole upon you durlnl thit tlme. A1IO, If you recelv. finanCial 8ellltanc. fro. th Pennlylvanla Houalng Flnahce Agency, your home cannot be for.cle,ad upon while you are recalvlng tnat al.lltance. Respectfully, ELAINE MITCHEll Collection Department CL3l 730 Nortllwostl01 Avenue 1 Suite .to 1 Miami, florida 33172 Telephone: (3051 559.J0681 FlllC, (305) 225.891. P11\>l:U~' {jl .,J (' " I> I X- , , " ~ ~ ()1 .1 rv" .t.. ~1 U1 ,; t'(1 6"' (I ,~ ) '..l " <.{l ':n ;'1 \ ' r. ) \' 0- ' ~J I,il I.(J J ~ C. . , ,J .. J Spear & Hoffman, P.A. BY: Marlin S. Weisberg, Esquire Allorney I.D. No. 51520 1034 Laurel Oak Road, Suile I Voorhees, New Jersey 08043 (609) 784-8220 Allorney for Plaintiff UNIVERSAL AMERICAN MORTGAGE COMPANY 730 NORTHWEST 107 A VENUE, SUITE 410 MIAMI, FL33172 PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 97-642 CIVIL TERM vs. ROBERT C. GOTTSHALL, JR. AND JILL F. GOTTSHALL 6315 BRANDY LANE MECHANICSBURG, PA 17055 DEFENDANTS PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter Judgmentlli REM in the amount of $79,411.75 in favor of the Plaintiff and against the defendant(s), jointly and severally, for failure 10 file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plainliffs damages as follows and calculaled as slaled in the Complaint: Principal of mortgage debt due and unpaid Interesl at 7.00% from APRIL 1, 1996 to JUNE 10, 1997 (436 days @ $13.96 per diem) Late charges (for certain months prior to default and every momh after at a rate of $32.80 per month) Allorneys Fees (As Slated in Complaint) TOTAL AMOUNT DUE $71,808.37 $6,086.56 $426.40 $1,090.42 $79,411.75 AND NOW. judgment is entered in favor of the Plaintiff and against the Defendant{s) and damages are assessed as above in the sum of $79,41 1.75. . i , " r. r '(,' ,/'. /fi_'.I..J.'~_".'_"-_ -.-1,1. .,~ '" , 'v PRO PROTHY II . ,I '" (" ~ ~ .,. f <><\ . ~ ~ oS .. ~ \ t Y ~C: ~, t , rO ~ ~ ..!;> -- \ ~ (' ,n u. Q 0, ') "' .,..~ r')J 2 -' -..J Spear & Hoffman, P.A. BY: Martin S. Weisberg, Esquire Allorney I.D. No. 51520 1034 Laurel Oak Road, Suite I Voorhees, New Jersey 08043 (609) 784-8220 Allorney for Plaintiff UNIVERSAL AMERICAN MORTGAGE COMPANY COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY PLAINTIFF, vs. NO. 97-642 CIVIL TERM ROBERT C. GOTTSHALL, JR. AND JILL F. GOTTSHALL DEFENDANTS CERTIFICATE OF SERVICE We, Spear and Hoffman, P.A., Allorney for the Plaintiff, hereby certify that we have served by first class mail, postage prepaid, true and correct copies of the allached papers upon the following person(s) or their allorney of record: ROBERT C. GOTTSHALL, JR. 6315 BRANDY LANE MECHANICSBURG, PA 17055 JILL F. GOTTSHALL 6315 BRANDY LANE MECHANICSBURG, PA 17055 Date mailed: Sune '1, (A'l BY: RG, ESQUIRE J ,^. ;, " ,,' :, t. ~ ~ ~, .F \ ," c .... ~ ~ .!. .... .. r v 2 ~\ boO) C' -;::.~ r'~ d t- v v 2 tl (.;' ..., t" " c t) G '" l'- ~ C .~ .;:, t --J 1- '.' C <::> t " .. 3. You may be ahle to stop the sale through other legal proceedings. You may need an attorney 10 ,lssert your righls. The sooner you contact one, the more chance you will have of stopping the sale. (See nolice on p<lge two on how to oht<lin <In attorney. ) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF TIlE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid hy calling (717)240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared 10 the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717)240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed 10 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 no later than OCTOBER 3, 1997. This schedule will stale who will be receiving the 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 date of filing of said 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Courthouse I Courthouse Square Carlisle. PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMEJ} TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. -. ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Northern side of Brandy Lane at the dividing line between Lots Nos. 1 and 2 as shown on the hereinafter mentioned Plan of Lots; thence along said dividing line between Lots Nos. 1 and 2, North 46 degrees 45 minutes West a distance of 150.00 feet to a point on the dividing line between Lots Nos. 2 and 10 on said plan; thence along the line dividing Lot No.2 from Lots Nos. 10 and 9, North 43 degrees 15 minutes East, a distance of 100.00 feet to a point; thence along the dividing linc betwecn Lots Nos. 2 and 3, South 46 degrees 45 minutes East, a distance of 150.00 feet to a point on the Northern side of Brandy Lane, aforesaid; thence along the Northern side of said Brandy Lane, South 43 degrees 15 minutes West, a distance of 100.00 feet to a point at the same at the dividing line between Lots Nos. 2 and 1 at the point and place of beginning. BEING Lot No.2 on a Plan of Lots as laid out for Raymond Brackbill by W.G. Rechel, Registered Surveyor, on November 7. 1960, entitled Plan No.2 Forrest Acres, said plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 15, Page 5. HAVING thereon erected a brick aluminum ranch type dwelling known and numbered as 6315 Brandy Lane. UNDER AND SUBJECT. nevertheless, to a utility easement 10 feet in width, over, under. across and through the rear of Northerly 10 feet of said Lot No.2, including a right-of-way and easement for the installation, maintenance and repair of water pipe line within said width of 10 feel. BEING the same premises which Robert C. Gottshall, Jr. a/kla Robert C. Gotshall, Jr. and Jill Gottshall a/kla Jill Gotshall, husband and wife, by Deed daled August 13, 1993 and recorded August 25, 1993 in Cumberland County, in Deed Book M, Volume 36, page 326 conveyed unto Robert C. Gottshall, Jr. and Jill Gottshall, husband and wife. , ~ r :j Universal American Mortgage Company vs Robert C. Gottshall Jr. and Jill F. Gottshall In the Court of Cmmon Pleas of Cumberland County. Pennsylvania Writ No. 97-642 Civil Term R. Thomas Kline. Sheriff, who being duly sworn according to law says this writ is returned STAYED. Attorney letter is hereto attached. Sheriff's COStSI Docketing Poundage Posting Bills Jldvertising Law Library County Mileage Cert Mail Levy Postpone Sale Surcharge Law Journal Patriot Posters 30.00 14.10 15.00 15.00 .50 1.00 6.20 .54 15.00 25.00 6.00 301.25 261.40 28.13 $719.12 Pd. by Atty. 8-25-97 $1.000.00 719.12 $ 280.88 Jldvance Costs Sheriff's Costs Refund to Atty. THIS WRIT IS RETURNED STAYED 8-25-97 Sworn and subscribed to before rre ~1&l ~ So answers I this ) M L,L_ t I day of Jy' T. L~ ft". In..! ,'" ~ . .. <~ Prothonotary 'f .,. .,....' R. Th~S Kline. Sheriff 1997 by n'll,e(~ :J.avl~ ,'YH_ De ty Sheriff :0 U:.../r /:n p K..... .r~9f 7 t r I . Spear & Hoffman, P.A. BY: Martin S. Weisberg, Esquire Attorney I.D. No. 51520 1034 Laurel Oak Road, Suite I Voorhees, New Jersey 08043 (609) 784-8220 Attorney for Plaintiff , ~. I r I UNIVERSAL AMERICAN MORTGAGE COMPANY COURT OF COMMON PLEAS CUMBERLAND COUNTY PLAINTIFF, vs. DOCKET NO. 97-642 CIVIL TERM ROBERT C. GOTTSHALL, JR. AND JILL F. GOTTSHALL DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 UNIVERSAL AMERICAN MORTGAGE COMPANY. Plaintiff in the above action, by its attorney, MARTIN S. WEISBERG, ESQUIRE sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 6315 BRANDY LANE, MECHANICSBURG, PA 17055: 1. Name and address of Owner(s) or Reputed Owner(s): ROBERT C. GOTTSHALL. JR. 6315 BRANDY LANE MECHANICSBURG, PA 17055 JILL F. GOTTSHALL 6315 BRANDY LANE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: ROBERT C. GOTTSHALL, JR. 6315 BRANDY LANE MECHANICSBURG, PA 17055 JILL F. GOTTSHALL 6315 BRANDY LANE MECHANICSBURG. PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real properly to he sold: NONE Spear & Hoffman, P.A. BY: Martin S. Weisberg, Esquire Attorney l.D. No. 51520 1034 L1urel Oak Road, Suire 1 Voorhees, New Jersey 08043 (609) 784-8220 Attorney for Plaintiff UNIVERSAL AMERICAN MORTGAGE COMPANY COURT OF COMMON PLEAS CUMBERLAND COUNTY PLAINTIFF, vs. ROBERT C. GOITSHALL, JR. AND JILL F. GOITSHALL DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY DOCKET NO. 97-642 CIVIL TERM TO: JILL C. GOITSHALL, JR. 6315 BRANDY LANE MECHANICSBURG, PA 17055 Your house (real estate) at: 6315 BRANDY LANE. MECHANICSBURG, PA 17055 is scheduled to be sold at Sheriffs Sale on SEPTEMBER 3, 1997 al: Cumberland County Courthouse 2nd Floor, Cornmisioners Hearing Room 1 Courthouse Square Carlisle, PA 17013-3387 at 10:00 a.m. to enforce the court jUdgment of $79,411.75 obtained by UNIVERSAL AMERICAN MORTGAGE COMPANY against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SAI.E To preventlhis Sheriff's Sale you must take immediate action: I. The sale will be cancelled if you pay to UNIVERSAL AMERICAN MORTGAGE COMPANY Ihe amount of the judgment plus costs or the back payments, late charges, costs and reasonable allorney's fees due. To find out how much you must pay, you may call: (609) 784-8220. 2. You may be able to SlOp 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 I(Jr good cause. .. 3. You may be ahle to stop the sale Ihrough olher legal proceedings. You may need an allorney to assert your righls. The sooner you contacl one, the more chance you will have of stopping the sale. (See nOlice on page Iwo on how 10 oblain an allorney. ) YOU MA Y STILL BE ABLE TO SA VE YOUR PROPERTY AND YOlJ 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 oUllhe price bid by calling (717)240-6390. 2. You may be able to pelition the Court 10 sel aside the sale if the bid price was grossly inadequate compared 10 the value of your property. 3. The sale will go Ihrough only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717)240-6390. 4. If the amount due from the buyer is not paid 10 the Sheriff, you will remain the owner of the property as if Ihe sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entilled 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 tiled by the Sheriff no later than OCTOBER 3, 1997. This schedule will stale who will be receiving the money. The money will be paid out in accordance wilh this schedule unless exceptions (reasons why the proposed distribution is wrong) are tiled with the Sheriff within len (10) days after the date of filing of said schedule. 7 . You may also have other rights and defenses, or ways of getting your house back, if you aCI 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Courthouse I Courthouse Square Carlisle, PA 17103 PURSUANT TO TilE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED TIIA l' THIS LAW FIRI\IIS DEEI\IED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR TIIA l' PURPOSE. t .