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HomeMy WebLinkAbout00-05285 ,,'< 1 , & , ' FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO, 12248 TWO PENN CENTER PLAZA, SUITE 900 PHIT,ADELPlIIA, PA 19102 (215) 563-7000 ATTORNEY FORPLAINTWF COURT OF COMMON PLEAS CIVIL DIVISION GMAC MORfGAGE CORPORATION OF PENNSYLVANIA 500 ENTERPRISE ROAD SUITE 150 , HORSHAM, PA 19044 Plaintiff TERM NO,Ja:o- 9irS- (/,':,1 v, CUMBERLAND COUNTY RICHARD L. THUMMA KIMBERLY A, CLARK 17 A WEST GLENWOOD DRIVE CAMPHILL,PA 17011 Defendant( s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE **TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TillS DEBT WAS NOT REAFFIRMED, TillS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff, You may lose money or property or other rights important to you, YOU SHOULD TAKE TillS 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, CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ^ Loan #: 450184908 ,;.. ih.c: 1. Plaintiff is GMAC MORTGAGE CORPORATION OF PENNSYLVANIA 500 ENTERPRISE ROAD, SUITE ISO HORSHAM, PA 19044 2, The name(s) and last known addressees) of the Defendant(s) are: RICHARD L. THUMMA KIMBERLY A, CLARK 17 A WEST GLENWOOD DRNE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3, On 7/28/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAlNTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No, 1276, Page 75, 4, The premises subject to said mortgage is described as attached, 5, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 4/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith, A copy of such notice is attached as Exhibit "A." , ~ 6, The following amounts are due on the mortgage: Principal Balance Interest 3/1/00 through 7/1/00 (per Diem $11.01) Attorney's Fees Cumulative Late Charges 7/28/95 to 7/1/00 Cost of Suit and Title Search Subtotal $54,475.48 1,354,23 2,723,00 99,08 550,00 59,201.79 Escrow Credit Deficit Subtotal 0,00 523,65 523,65 TOTAL $59,725.44 7, The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged, 8, This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000, 9, The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P,S, ~1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A," 10, The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either; (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff s written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $59,725.44, together with interest from 7/1/00 at the rate of$I1.01 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, :;~1-~ Isl Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff _"I. "~ "~~ [ " -~ -.i 'GMAC Morlllage Corporation , p,O, Box 85071 San Diego, CA 92186-5071 3451 Hammond Ave p,O, Box 780 Wate~oo, IA 50704-0780 Servicing GMAC Mortgage DMe: June 13, 2000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an officlal notice that the mortl!ll2e on vour home is in deCault.. and the lender intends to Coreelose. Soecific inCormation about the nature oethe deCault is orovided in the attached oa2es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM tHEMAP) mav be able to helD to save vour home. This Notice exolains how the orol!l'llm works, To see iCHEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counselin2 Al!Cncy. The name. address and ohone number oC Consumer Credit Counselin2 A2encies servin2 vour County are listed at the end oUhis Notice. If vou have anv auestions. VOll mav can the Pennsvlvania Housin2 Finance A2encv ton Cree at 1-800-342-2397. (Persons with imoaired heariD2 can can (717'1 780.1869). This Notice contains important legal inCormation. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fmd a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PlIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDlATAMENTE LLMIANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PlIEDES SER ELEGlBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PlIEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A REDlMIR SU HIPOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: RICHARD L. THUMMA 17A WEST GLENWOOD DR CAMP HILL, PA 17011-1139 LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDERlSERVICER: 450184908 N/A GMAC Mortgage ~/-fll3rr A " OJ" lL -]Li$"i , GMAC Mortgage Corporation , P,O, Box 85071 San Diego, CA 92186-5071 3451 Hammond Ave P,O, Box 780 Waterloo, IA 50704.0780 Servicing GJItl..A. ; .,.. . 1_____ Mortgage Date: June 13. 2000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortl!ll!e on vour home is in default. and the lender intends to foreclose. Soecific information about the nature ofthe default is orovided in the attached oa!es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (DEMAP) mav be able to helo to save vour home. This Notice exoIains how the oro!ram works. To see ifHEMAP can helo, vou must MEET \\lTH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counselin! A!encv. The name. address and ohone number of Consumer Credit Counselin! A!encies servin! vour Countv are listed aUhe end ofthis Notice. If vou have anv questions. vou mav caD the PennsvIvania Housin! Finance A!encv toD free at 1.800.342.2397. (Persons with imoaired heann! can caD (717) 780.1869). This Notice conmins important legal information. If you have any questions, represenmtives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to conmctan attorney in your area. The local bar association may be able to help you find a IaW}'er. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR \1VIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO EST A AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBI~E PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMlR SU HIPOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: KIMBERLY A. CLARK 17A WEST GLENWOOD DR CAMP HILL. PA 17011-1139 LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDERlSERVICER: 450184908 N/A GMAC Mortgage ~HIBri ~ ., . ~ ~"" .'- ~- ~ d , -.~ , 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 liom the date of this Notice. During that time you must mange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUSTBRlNG YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRlNG YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit cOlmseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting,The names. addresses and telenhone numbers of desil!Illlted.consumer credit COunselinll allencies for the county in which the 1ll'OOOrtv is located are set forth at the end of this Notice. It is only necessaJY to schedule one face-to-face meeting, Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infonnation about the natllre of your defaull.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance liom the Homeowners Emergency Mortgage Assistance Program, To do so, you must fill out, sign and me a completed Homeowners Emergency Assistance Program Application with one of the designated consumer credit cOlmseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist YOIl in SIlbmilling a complete application to the Pennsylvania Housing Finance Agency, Your application MUST be med orpostrnarked within thirty (30) days of you face-to-face meeting, YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAll.. TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEITER, FOUCLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency tmder the eligi,b~ity crite~ es~blished by th~ A~, The P~nnsylv~ia Housing Finance AgenC)' has sixty (60) days to make a deClslOn after It receIVe,s your a~phcation. During that time, no ~oreclo~ pro~eedmgs will be pursued against you if you have met the Inne requuements set forth above, You will be notified duect1yby the Pennsylvania Housing Finance Agency of its decision on YOllr application, ~Hl8rr AJ , --, ..'k:: NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PEnnON IN BANKRUPTCY THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND ' SHOULD NOt BE CONSIDERED AS AN AITEMPT TO COLLECT THE DEBT. (If you have med bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin2 ituD to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender is on your property located at: 17a West G1enwood Dr Camp Hill, PA 17011'1139 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, 2000 through June 1, 2000. See attached Exhibit for payment breakdown. Monthly Payments Late Charges NSF Inspections Other Suspense 1,562.34 59.43 0.00 0.00 0.00 TOTAL AMOUNT PAST DUE: 1,621.77 B, YOU HAVE FAILED TO T AXE THE FOLLOWING ACTION (Do not use ifnot aoolicable ): HOW TO CURE THE DEFAUl,T -- You may cure the default within TIlIR'IY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1, 621. 77 ,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING TIlE THIRTY (30) DAY PERIOD, Pavments must be made either by cash. cashiets check. certified check or monev order made oavable 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 TIlIRTY (30) DAYS of the date of this letter: (Do not use ifnotaoolicable,) N tAl' b1 o pp 1Ca e IF YOU DO NOT CURE THE l>EFAULT --If you do.not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rifts to accelerate themort~Fce debt This means that the entire outstanding balance of this debt will be considered ue immediately and you may ose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instrnct its attorncys to start legal action to foreclose unon vour mortl!lll!lld nronertv . IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the SheritTto payoff the mortgage debt. If the lender ref en; your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you ~l still be required to pay the rea~nable :tttorney's fees !;bat were actually incuned, up to $50.00. However, if1egal proceedmgs are started agamst agamstyou, you Wlll bave, 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. Ifvou cure the default within the TmRTY (30) DAYS Deriod. vou wiD not be required to Dav attorney's fees. EXHIBIT A, ," " ~, ~" ,'" '- -~ I' ," .., " ". ,;" ~, "~~ ';! OTHER LENDER REMEDIES -- The lender may also sue you personally forthe IUlpaid principal balance and all other sums due IUlder the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the TIlIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the ril!ht to cure the default and Drevent the sale at any time UD to one hour before the Sheriffs Sale, You mav do SO by Davinl! the total amolUlt then Dast due. Dlus anv late or other chames then due. reasonable attornev's fees and costs connected with the foreclo~ sale and anv o~er costs connected with the Sheri,fi's Sale as sue~ed in writinl! by the lender and bv Derfonnml! anv other reOlllrements IUlder the mortl!al!e, Cunng your default m the manner set forth in this notiee will restore your mortgage to the same position as if you had never defaulted. EARUEST POSSIBLE SHERIFF'S SALE DATE -- Jt is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notiee. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the arnolUltneeded to cure the default will increase the longer you wait. You may fmd out at any time exactly what the required payment or action will be by contacting the lender, HOW TO CONTACT THE LENDER: Name of Lender: Address: GMAC Mortqaqe Corporation 401 West 24th Street National City, CA 91950 Phone Number: Fax Number: Contact Person: (BOO) 850'4622 (619) 470,5579 Collection Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownershijl of the mortgaged property and your right to occupy it. If you continue to live in the property after the Shenfi's Sale, a lawsuit to remove you and your filDlishings and other belongings could be started by the lender at any time, ASSUM:PTION OF MORTGAGE -- You mar or may not sell or !Iansfer your home to a buyer or transferee who will assume the mortgage debt, provided that al the outstanding payments, chaJges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied, YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT, TO HAVE THIS DEFAULT CURED BY ANY TIlIRD PARTY ACTING ON YOUR BEHALF, TO HAVE THE 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 TIlAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECWSURE PROCEEDING OR ANY OTIlER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TIlE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSmlER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED ~FJJ19J7 A :"'"'" , > , ;, '.J-i~ ' " Penl!sylvania Housing Finance Agency Homeowner's Emergency Mortgage Assistance Program Consumer Credit Counseling Agencies (Rev. 5/99) LC,comrng'CIlnton Caunaes 0=.....'0<1 Fo C . 2138 Lincoln S~t O=WU'1 Action (Sl'EPl p, 0, Box 1328 Willi.:unsoot"C 1" 1--03 (5-0) 3 ' .., ." " , 26..0587 FA.1: (570) 322.2197 CCCS oOI'Ol"'Jteastern I''\. 201 Basrn S~et . Williams (570) 323PJ;~,r'" 17703 FA.,,{ (570) 32:3-6626 CLINTON COtJNTY cecs ofNonheasteru I''\. 16~1 S Atherton St . Swte 100 State College, 1'.... 16801 (814) 238-366a F.-\."{ (814) 238.3669 COLUMBIA COU!'t'TY CCCS of Nor-Jteasteru PennsvIvania 1400 Ahrngton Exec-~tive Park Suite 1 Clarks Summitt P.... 18411 (570) 587.9163 or(800) 922.9537 FA."{ (570) 587.913419135 31 W, Market Street PO B 1127 W'ill<es-B~, P.... 18702 (5701 8'21-0837 or (800) 922-9537 F....."{ (570) 821.1785 Commission on Economics Opportunity of LU%erue Coun!:'! 163 Amber Lane W'1lkes-Bamo, 1'.... 18702 (570) 826.0510 or (800) 822-0359 FA.1: (570) 829-1665-CALL BEFORE FA.'IDlG (570) 4554994 HAZELTON F....."{ (570) 455-5631-CALL BEFORE F!\..'IDlG (570) 836.4090 TUNKH.'..c'l'NOCK Booker T. Washrngton Center 1720 Holland Street Erie, PA 16503 (814) 453-5744 F.....X (814) 453-5749 John F, Kennedy Center, Inc. 2021 East 20th St:eet Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CRAWFORD COUNTY Creater Erie Communi!:'! Action Committee 18 West 9th Street Erie, PA 16501 (814) 459-4581 F.~(814)456..o161 Shenanga Valley Urban League, Inc 601 Indiana Avenue Farrell. PA 16121 (412) 981.5310 CUMBERI..A..'ID COUNTY Financial Counseling Services of Franklln 31 West 3Id Street Waynesboro. PA 17268 (717) 762.3285 YWCA of Carlisle 301 G Street Carlisle, P.... 17013 (717) 243-3818 FA.X (717) 731-9589 Adams County Housrng Authori..! 139-143 Carlisle St Gettysburg, PA 17325 (717) 334-1518 F.~(717) 334-8326 CCCS of Westeru Pennsylvania, Inc. 2000 Linglestown Road Harr.sburg, P.... 17102 (717) 541.1757 Urban League oDletropoIitan Harrisburg N. 6th Scre..t Harrisburg, P.... 17101 (717) 234-5925 FA."{ (717) 234-9459 Communi!:'1 A.c::ion COmIn of the Capital Region 1514 Derry Street Harrisburg, P.... 17104 (717) 232.9757 F....."{ (717) 23....2227 PENNSYl.VANIA BUl.l.ET1N. VOL 29. NO. 23, JUNE 50 1999 ~^ ~~:; ,>:::"'1;";; "10 ,_. A CAnioi ~ ,C -, ~",; ;- , ,<, ~ < '. AU 'I'UA'= CJ3R'l'AIN Townshi.p Cumberl.and 01' pureel of I{lful Ulld !J1'(!m;:,',:.\'. sill/Jill!, {)'''l~ '11Id bc:itlg ill Ihll ~f East Pennsboro ill tile County of and C(lrm1l0}/\"'~(J[rh of P(~'lIISY[WllJitl, more /UII'Iir.II[Ur/y Ile.~I:ri/l('d as [<IUOW.I': wi.th survey of Gerr~t J. Setz Assoc~ates, Inc., Engineers dated August 29, 1977, as follows, to wLt: 11'(lel In Aecordance arld Surveyors, BEGINNING at a po~nt on the westerly l~ne of Glenwooa Dri.ve (West), which poi.nt i5 332.56 feet :North of the norhwesterly corner of 3rford Road (West) and G~enwood D~~ve (West) and at d~vidi.ng ~ine between Let Numbers 4 and 4X, B~ocl<i "a" Qn the hereina.fter mentioned pJ.an of Lots; thenee along said :d~vidLng line, North 63 degrees 30 m~nutes West and through the cente~ of a partition wal~ and beyond 115.0 feet to a po~nt; thence a19nq divid~ng line between Lot, Nos. 22X ana 231 and 4X, 'Slock "H", North 26 degrees 30 mi.nutea Bast 37.5 :feet to a poi.nt at di.v.iding ~ine! between Lot Nos. 4X and 5, Block "B" on said Plan; thence a10ng sa~d d.iv~d~ng 1ine, South 63 degrees 30 mLnutea Ea5~ l15 ~eet to a point on the wester~y .line of GXenwood Drive (West) aforesa~d; thence along a~e, South 26 degrees 30 minutes West 37.5 feet to a point, the pJ.ace 'of S::e:GJ:NN:I:NG. EEING Lot Nntn~ 4X, B.lock "B", on P~a.n No. 10, Ridl.ey Park, which P~an is rec~rd;a .in the Of~ice of the Recorder or Deeds in and :eor C~er~and Co~ty, ~ennsy~~anLa, i.n P~an Book 18, Page 47. HAVZNG ~HEREON erected a dwe1~~n9 house known and numbered as 17 A Glenwood ori.ve (West). UNDER AND SUBJECT, neverthe~ess, to easements, restrictions, rQservat~ons, condit~ons and r~shts-of-way o~ record. BEING the same premises which RiChard D. Bartol, Jr. and Ker~ L. Bartol,' his w~fe, by Deed dated November 5, 1991 and recorded November 8, 1991 in the Office at the aecorder of Oeeds Ln and for Cumber~and County, Pennsy~van.i..a, ~n De'ed Sook J-35, Page 707, granted and conveyed unto Michae~ w. Weaver ana GaL~ P. Weaver, his wife, Grantors her~~n. ~-- 'iii . ~- ~ , - ~ '- (, VERIFICATION SH1RLEY J, EADS hereby states that she is FORECLOSURE SPECIALIST ofGMAC MORTGAGE CORPORA nON mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct tothe best of her knowledge, information and belief. The undersigned, understands that this statement is made subject to the penalties of 18 Pa, C,S, See, 4904 relating to unsworn falsification to authorities, 7~O DATE: Y1-!~~~_iIjlfI:J,':,;~~_8j,"',d"I\!~''''''~'''''i->_",.~~i<'''; ~. -= ,\[, 'L"","' .........""" - ~--~iiW~~'~>~~~ M--''""" " -;.;.~"j,- * ~ -.t) - " ---,,~>;> .-, , ~-~ -." " ,'- '",_S~ ~_ , ~, .. ~ \> ! ...!;> ~ ~ 15. ;:ii,~' ~,:-, S::> /.__ \~_ -3='- ~; ..... ~ r' ~ ~ ~ ;\~\ ~ 'Sl... -.,,: '~'(_\ ).> .. ~Z -..... -< ~ n , ~ C ~. ,---' ( ,:) -~.-- ~ ^"-,':: V\ ," ":~ , :~-,) (::.::' " -.J ,: :.n tD , ?;:; ~ - ,I,,, ifJl!;[ < SHERIFF'S RETURN - REGULAR CASE NO: 2000-05285 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION OF VS THUMMA RICHARD L ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLARK KIMBERLY A the DEFENDANT , at 0018:47 HOURS, on the 31st day of July , 2000 at 17 A WEST GLENWOOD DRIVE CAMP HILL, PA 17011 by handing to KIMBERLY CLARK 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 Surcharge 18.00 9.30 .00 10.00 .00 37.30 So Ans.wers: .. ~ ..~~ r:'~-< .,~...,(' R. Thomas Kline Sworn and Subscribed to ML day of f before 08/01/2000 FEDERMAN & PHELAN By: ,/}'A/1~ ?/PY~ . Deputy Sheriff~ A.D. , t SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-05285 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION OF VS THUMMA RICHARD L ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT TH1JMlIIlA RICHARD L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTI CE , NOT FOUND , as to the within named DEFENDANT , THUMMA RICHARD L DEFT. NO LONGER RESIDES AT ADDRESS STATED, LEFT, NO FORWARDING, RETURN NOT FOUND AS PER ATTY.. Sheriff's Costs: Docketing Not Found Return Affidavit Surcharge 6.00 5.00 .00 10.00 .00 21.00 so~ . ~,~- R. homas Klin . Sheriff of Cumberland County FEDERMAN & PHELAN 08/01/2000 Sworn and subscribed to before me this ~ day of -Tf ~^!~ Prothono)la 0- ,~ -"'- , ' ." ...:'" . . FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO, 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION GMAC MORTGAGE CORPORATION OF PENNSYLVANIA 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 Plaintiff TERM No,o?cDo-5:;('iD c-,;",I v, CUMBERLAND COUNTY RICHARD L. THUMMA KIMBERLY A, CLARK 17 A WEST GLENWOOD DRIVE CAMP HILL, PA 17011 . Defendant( s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE >>THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. >> You have been sued in Court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, cet\i~ the '\file heteb'1 a \tue and within to b~'1 of the d cott~c\ ~f~ed of te~HELJ\'" ot.\g\na: ~'j)..N p.NO Il" 'fEOER'''' CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 450184908 TRUE COpy FROM RECORD In T....-/Ywh8rIof.1 here unto Il8t niy hane and lit '" or saki Cot./4.aI CarlIsle. Pa. ~~~~fI~:;;r) Promo ry "",, ~ ~ .~-. ' ,,",,,-<--< ~ ~ ""~'" .- ^ ' ,~ '-"~""-' . . 1. Plaintiff is GMAC MORTGAGE CORPORA nON OF PENNSYLVANIA 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 2, The name(s) and last known addressees) of the Defendant(s) are: RICHARD L. THUMMA KIMBERLY A, CLARK 17 A WEST GLENWOOD DRNE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3, On 7/28/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No, 1276, Page 75, 4, The premises subject to said mortgage is described as attached, 5, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 4/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith, A copy of such notice is attached as Exhibit "A," ."" . ...L;.., " ", '".,' -;,~~, ~ 6, The following amounts are due on the mortgage: Principal Balance Interest 311/00 through 7/1/00 (Per Diem $1 1.01) Attorney's Fees Cumulative Late Charges 7/28/95 to 711/00 Cost of Suit and Title Search Subtotal $54,475.48 1,354.23 2,723,00 99,08 550,00 59,201.79 Escrow Credit Deficit Subtotal TOTAL 0,00 523,65 523,65 $59,725.44 7, The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged, 8, This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000, 9, The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P,S, 9 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A," 10, The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i,) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii,) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $59,725.44, together with interest from 711/00 at the rate of$I1.01 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '" '". ,-. JIil"-- GMAC Mortgage Corporation P,O, Box 85071 San Diego, CA 92186-5071 3451 Hammond Ave P,O, Box 780 Waterloo, IA 50704-0780 Servicing G..,....'. ....A }.,#It t:1r~ Mortgage Date: June 13. 2000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortl!3ee on vour home is in default..and the lender intends to foreclose. Soecific information about the nature of the default is orovided in the attached oaees. The HOMEOWNER'S MORTGAGE ASSISTAl\/CE PROGRAM IHEMAP) mav be able to helD to save vour home. This Notice exolains how the oro2l'3m works. To see iCHEMAP can helD. vou must ~IEET WITH A CONSUlUER 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 ohone nnmber of Consumer Credit Counseline ARncies senine vour County are listed at the end olthis Notice. Ifvou have anv questions. von mav caD the Pennsvlvania Housine Finance Aeencv toD free at 1-800-342-2397. (Persons with imoaired hearine can caD (717'1 780-1869). This Notice contains important legal information. If you have any qnestions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fmd a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE lLAMANDO EST A AGENCIA (pENNSYLVANIA HOUSING FINMo/CE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIl\fIR SU HIPOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: RICHARD L. THUMMA 17A WEST GLENWOOD DR CAMP HILL, PA 17011-1139 LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDERlSERVICER: 450184908 N/A GMAC Mortgage Ex/-fIBrr A , " ~- . , _,C, GMAC Mortgage Corporation P,O, Box 8507f San Diego, CA 92186-5071 3451 Hammond Ave P,O, Box 780 Waterloo, IA 50704-0780 Servicing G~i'."'''''C ' Ii p 'L '_- , . . Mortgage Date: June 13, 2000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort!a!e 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 pa!es. The HOMEOWNER'S MORTGAGE ASSISTA."ICE PROGRAM lHEMAP) ma~' be able to help to save ~'our home. This Notice explains how the pro!ram works. To see ifHEMAP can help, vou must ~IEET \\1TH A CONSUMER CREDIT COUNSELING AGENCY \\1THIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counselin! A!encv. The name, address and phone number of Consumer Credit Counselin! A!eneies servin! vour Countv are listed at the end of this Notice. If vou have anv questions. vou mav call the PennsvIvania Housin! Finance A!encv toll free at 1.800-342.2397. (Persons with impaired heann! can call (717) 780-1869). This Notice confuins important legal information. If you have any questions, represenfutives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to confuct an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTA."ICIA, PUES AFECTA SU DERECHO A CONTINUAR \1\1ENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTEn"lGA UNA TRADUCCION IMMEDIATAMENTE LLAMA."IDO ESTA AGENCIA (PENNSYI'vA."IIA HOUSING FINA."ICE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBI,E PARA UN PRESTAMO POR EI, PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CAS A DE LA PERDIDA DEL DERECHO A REDL\UR SU HIPOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: KIMBERLY A, CLARK 17A WEST GLENWOOD DR CAMP HILL, PA 17011-1139 LOAN ACCT. NO.: ORIGINAl, LENDER: CURRENT LENDERfSER\1CER: 450184908 N/A GMAC Mortgage ~Hlerr ~ "0 -, '''''''' ". "no', "0--' '; ~.. ,-~ _, '~",___ 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 COJ\.IPL Y \\1TH THE PRO\1SIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE" ACT"), YOU ~IAY BE EUGIBLE 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, A,"D IF YOU MEET OTHER EUGIBILITY REQUIREMENTS ESTABUSHED BY THE PENNSYLVANIA HOUSING FlNA,,,CE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary slay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must mange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end ofthis Notice, THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU 00 NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE, CONSUMER CREDIT COUNSEUNG 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 of this meeting,The names. addresses and teleuhone rnunbers of desil!Jlllted consumer credit counseline aeencies for the county in which the 1lI'OtJertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting, Advise your lender immediatelv of your intentions, APPUCATlON 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 unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program, To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit cOlmseling agencies listed at the end of this Notice, Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency, Y ourapplication MUST be flied or postmarked within thirty (30) days of you face-to-face meeting, YOU MUST FILE YOUR APPUCATlON PROMPTL Y.IF YOU FAll.. TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY A,"D YOUR APPUCATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGL'ICY ACTION -- Available funds for emergency mortgage assistance are very limited, They will be disbursed by the Agency under the eligibility criteria established by the Act, The Pennsylvania Housing Finance Agenc>, has sixty (60) days to make a decision after it receives your application. During that time, no ~oreclo~ pro~eedmgs will be pursued against you if you have met the time requirements set forth above, You will be notified dll'Cctly by the Pennsylvania Housing Finance Agency of its decision on YOlIl" application, ExH/Brr 4 - v_, ~., ,~ ~ 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 AI'! AITEMPT TO COLLECT THE DEBT. (If yoa have med bankruptcy yoa can stilI apply for Emergency Mortgage Assistanee.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brinl! it an to date). NATURE OF THE DEFAULT n The MORTGAGE debt held by the above lender is on your property located at: 17a West Glenwood Dr Camp Hill, PA 17011-1139 IS SERIOUSLY IN DEFAULT because: YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: April 1, 2000 through June 1, 2000. See attached Exhibit for payment breakdown. Monthly Payments Late ChaIges NSF Inspections Other Suspense 1,562,34 59.43 0.00 0.00 0.00 TOTAL AI\IOUNT PAST DUE: 1,621.77 B. YOU HA VB FAILED TO TAKE TIlE FOLLOWING ACTION (Do not use ifnot alllllicable ): HOW TO CURE THE DEFAULT n You may cure the default within THIRTI (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1, 621 .77 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTI (30) DAY PERIOD. Pavments must be made either bv cash. cashieI's check. certified check or monev oIder made llavable 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 TIlIRTI (30) DAYS of the date oflhis letter: (Do not use ifnota1l1llicable,) Not Applicable IF YOU DO NOT CURE THE DEF AUL T -- If you do not cure the default within TIlIRTI (30) DAYS of the date oflhis Notice, the lender intends to exercise its ril!hts to accelerate the mort~fce debt This means that the entire outstanding balance oflhis debt will be considered due immediately and you may ose the chance to pay the mortgage in monthly installments, Iffull payment of the total amount past due is not made within THIRTI (30) DAYS, the lender also intends to instmct its attorneys to start legal action to foreclose aoon voar mortl!3l!ed orooertv . IF THE MORTGAGE IS FORECLOSED UPON -- 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 req'!ired to pay the rea~nable :nrorney's fees f:hat were actuaJly incurred, up to $50.00. However, if legal proceedmgs are started agamst agamst you, you Mil have, to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs, If voa cure the defaalt within the TIDRTY (30) DAYS oeriod. voa wiD Dot be required to oav attomev's fees. EXHIBIT ~ OTHER LENDER REMEDIES -- The lender may also sue you personally for the lUlpaid principal balance and all other sums due under the mortgage, RIGHT TO CURE THE DEF AUL T PRIOR TO SH~RIFF'S SALE -- If you have not cured the default within the THIR1Y (30) DAY penod and foreclosure proceedmgs have begun, vou still have the ril!ht to cm\: the default and I)revent the sale at any time Ul) to one hour before the Sherifi's Sale, You mav do so by Davine: the total arnOlUlt then Dast due. Dlus anv late or other chaI'l!es then due. reasonable attornev's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as snecified in writine: by the lender and bv I)erl'ornrine: anv other reouirements under the mOrte:ae:e, Curing your default in the lIIlluuer set forth in this notice wiII restore your mortgage to the same position as if you had never defaulted. EARUEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sherifi's Sale of the mortgaged property could be held would be approxillllltely six (6) months from the date of this Notice. A notice of the actual date of the Sherifi's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may fmd out at any time exactly what the required payment oxaction will be by contacting the lender, HOW TO CONTACT THE LENDER: Name of Lender: Address: GMAC Mortgage Corporation 401 West 24th Street National City, CA 91950 Phone Number: Fax Number: Contact Person: (800) 850-4622 (619) 470-5579 Collection Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sherifi's Sale will end your ownershil' of the mortgaged property and your right to occupy it. If you continue to live in the property after the Shenff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time, ASSUMPTION OF MORTGAGE -- You IIIllY or IIIllY not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPER1Y TO OBTAIN MONEY TO PAY OFF TIlE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTIlER LENDING INSTITIJTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY TIlIRD P AR1Y ACTING ON YOUR BEHALF, TO HAVE THE MORTGAGE RESTORED TO TIlE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU 00 NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAt'! THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR At'lY OTHER LAWSUIT INSTITUTED UNDER TIlE MORTGAGE OOCUMENfS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER TIlE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSEliNG AGENCIES SERVING YOUR COUNTY IS ENCLOSED ~l=lll3lf A Penl!sylvania Housing Finance Agencv Homeowner's Emergency Mortgage Assistanc; Program Consumer Credit Counseling Agencies (Rev. 5/99) Lycomin r" e ,g-,-.U1t.on C~U",c:ies Omrn.J.S.SIQc, ~ar" C . 2138 Linc:ol., St:'ee- o=WUt'f .-\c:icn (STEP) p, 0, Box 1328 . WHlillmscot"!: p. 1--03 (5-0) 3'" ~ .~ " , ~6-O587 F.~~(S70) 322.2197 eees ~OrOr.he3Ste!":l P\ 20 1 Basin Street . , r:;~~azt\ 17703 FA.~ (S70) 323-5626 CLINTON' eou"Nl'Y eees of Nor-.heasteru p~ 1631 S AthertOn St . Suite 100 St:lte eoUege. PA 16801 (8H) 238-3668 F.~~ (8H) 238-3669 COLUMBIA eOlJ1'o'TY eees of No....l1eastern PennsvIvania 1400 Abington Exe<'.1r:ive Park Suite 1 eIarks Summit:: PA 18411 (S70) S87.9163 or (800) 922.9537 F.~~ (570) 587.913419135 31 W Mar!<.et Sl::'eet POB 1127 W1lkes-Ban-e. PA 18702 (570l 821-0837 or (800l 922.9537 F.~~ (570) $21-1785 Commissiot1 on EconomiC! Opportunity of LU%l!l'Ue Count'f 163 Amber Lane W1lkes-Ba.n-e, PA 18702 (570) 826-OS10 or (800) 822-0359 F.~'{ (S70) 829-166S--<:ALL BEFORE FA..-aNG (570) 45S-I994 HAZELTON F_~~ (570) 4SS-5631~ALL BEFORE F.~-aNG (570) 836-1090 TU1'o'KF_-'.J.""'NOeK Booker T. Washington Center 1720 HoUand St:'eet Erie. PA 16503 (814) 453-574-1 F_~~ (814) 453-5749 John F, K.onnedy Center, Inc. 2021 East 20th St"",t ' Erie. PA 16510 (814) 898-0400 FAX (814) 898-1243 CRAWFORD COL"N'l'Y Greater Erie eommunit'f ""=:ion eommit'..ee 18 West 9t.'" Street Erie. PA 16501 (814) 459-4581 F.~(814)456-0161 Shenango Vailey ti rban League, Inc 60 1 Indiana Avenue FaITeIl. P.... 16121 (412) 981.5310 CUMBEIU.A.'lD COl.rN'l'Y Financial counseling Sernces of Fr:mkiin 31 West 3rd Street Waynesboro. F.... 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, F.... 17013 (717) 243-3818 FA..~ (717) 731-9589 Adams County Housing Aut."'orit'f 139-143 Carlisle St GettysbUl'i. F.... 17325 (717) 334-1518 F.\.,{(717l334-8326 eccs of Western Pennsvlvania. Inc. 2000 Ling!e.town Road' Har:".sburg. F.... 17102 (717) 541-1757 Urban League of ~(etropolitan Harrisbura N. St.'" Street Hanisbu.... PA 17101 (717) 234-5925 F_~,{ (717) 234-9459 Communit'f ",,=::on COmIn of the Capital Region 15H Del"<V Street Hanisbuti. P.... 17104 (71"7) 232-9757 F.~,{(717) 234-2227 PE1<NSYI.VAHIA BUlJ..E11N, VOL 29. NO. 2:l, JUNE 5, 1999 EXHIBIT A AU 'I'llA'':: Cen'!'A:::N Towns~LI? Cumberl.and (It' purccl of/and u"d /}/'t~mi.J,":,~, .\'iflllll". l)'IlI.<: ",,,I bt:i/lg ill IJr<: of East Pennsboro ill Ih~ COWl1fy of and Cnmmollwr.(Jl1h of P"IIJisylwlIIliJ. lII()r~ [lIJrfir.lIlurl)' I/~s,:ribrd (I.\' fO(((I\..r w~th survey of Gerr~~ J. Betz AssocLate5, Inc.1 Engineers dated August 29, 1977, as follows, to wit: (t'(JCt rn Acco::-c.a:"lce a:ld Surveyors, BEGINN~NG at a po~nt on the wester~y l~ne oz Glenwood Drive (Wast), wh~ch poLnt is 332.56 feet North of the norhwesterly corner of Eriord Road (West) and G~enwood DrLve (West) and at divid~nq line between Lot Numbers 4 and 4X, B:Lock "Rio on the herei.nafter ment.i.oned plan of Lots; thence along sai.d d~viding line, No~tn 63 degrees 30 mi.nutes West and through the center of a partition wall and beyond 115.0 feet to a point; thence along d~v~dinq ~ine between Lot. Nos. 22x and 23, and 4XJ a~ock "B", North 26 degJ::'ees 30 mi.nutea East 37a5 :eeet to a point at d.iv.idinq line between LQt Nos. 4X and 5, B~Qck "a" on aaia P~an; thence a1on~ _a~d d.i~idinq line, Soutn 63 degrees 30 m~nutes Ea5~ ll5 xeet ~o a point on the wester~y line o~ Grenwood Drive (West) axoresa~d1 thence a~ong same, South 26 degrees 30 minutes West 37a5 :eet to a point, the p~ace of BEGrNN~NG. BEING Lot N~ 4X, B~ock "B", on 1i'~a.n No. 10, Ridley Park, whi.ch P~an .is reccrdiH .in thQ Of~ice at the Recorder of Deeds .in and :eor Cumber1and Co~~y, Fennsylva~a, in Plan Book 18, Page 47. HAV~NG THEREON erected a dwe11.ing house known and numbered as ~7 A Glenwood Orive (West). UNDER AND SUBJECT, nevertheless, to easements, restr.ictions, rQse:vations, conditions and rishts-of-way o~ recorda SE!NG the same premLses whLch RiChard D. Bartol, Jr. and Ker~ La Bartol, his wife, by Deed dated November 5, 1991 and recorded November a, 1991 ~n the Of~~ce of the Reoorder of Deeds in and for Cumberland County, Penn9y~vania, in Deed Book J-35, page 707, qranted and conveyed unto Michae~ W. Weaver and GaL~ P. Weaver, h~s w~~e, Grantors her~ina 'd . " " j, . " -~"- "' -~ '1-"; VERIFICA nON SHIRLEY J, EADS hereby states that she is FORECLOSURE SPECIALIST ofGMAC \IORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct tothe best of her knowledge, information and belief, The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S, Sec, 4904 relating to unsworn falsification to authorities, DATE: :llili"~" '~- _==~ ^ 1'-<'" ~-:.m~Iifill'.~_~"'''''> -~"", - '"' '-. - '- ~- "'@ 1f1l ~ ~ 7~ ,,~u~ _F '-- e r- ~,;~: ""'''''-, u '''--'-'-, ': ~ "~I '",.--- '1: ,.~ :.!;:: o.-("t; 9'1 .