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Home My WebLink About01-03569 MARTHA E. VON ROSENSTIEL, ESQUIRE MARTHA E. VON ROSENSTIEL, P.C. 16 SOUTH LANSDOWNE AVENUE PO BOX 457 LANSDOWNE, PA 19050 Attorney ID # 52634 GMAC Mortgage Corporation 500 Enterprise Road Horsham, PA 19044-0963 Plaintiff, vs. James D. Cook 301 Hill Street, Mt. Holly Springs, PA 17065, Defendant(s) ~~ =- LA . ~il - , , Il;lID,"; ~ -~ Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Case No: 01- dSIo '( c.; 0' l '---r~-1Vt CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFOllMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE ADVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after thiB 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 by the court without further notice for any money claimed in the complaint or for any other claim Of relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS PAPER TO YOUR LA WYEB; AT ONCE. IF yOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en Ias paginas siguientes, usted tiene veinte (20) dias de plazo a1 partir de Ia fecha de la demanda y la notificacion. Hace fafta a sentar una comparencia escrita 0 en pefsona 0 con un abogado y entregar a fa corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea a visado que si usted no se defiende, la corte toma ra medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, Ia corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perdef dinero 0 sus propiedades 0 otros de rechos imporlantes para usted. . LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. V AYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 ._Lel , n, -~>'-"-~"'l::'" MARTHA E. VON ROSENSTIEL, ESQUIRE MARTHA E. VON ROSENSTIEL, P.C. 16 SOUTH LANSDOWNE AVENUE PO BOX 457 LANSDOWNE, PA 19050 Attorney ID# 52634 Attorney for Plaintiff GMAC Mortgage Corporation 500 Enterprise Road Horsham, PA 19044-0963 Plaintiff, COURT OF COMMON PLEAS Cumberland COUNTY vs. Case No: James D. Cook 301 Hill Street, Mt. Holly Springs, PA 17065, Defendant(s) CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is GMAC Mortgage Corporation, a corporation organized and existing under state law, with offices for the conduct of business at 500 Enterprise Road, Horsham, PA 19044- 0963. 2. Defendant, James D. Cook is the mortgagor and real owner of premises 301 Hill Street, Mt. Holly Springs, PA 17065, hereinafter described, whose last known address is listed in the caption. 3. plaintiff brings this action in mortgage foreclosure against defendant, mortgagor and real owner, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendant, mortgagor and real owner to GMAC Mortgage corporation on August 3, 1999, which mortgage is ~~~ ~ I't .- . ' -- ...~ recorded in the Office of the Recotder of Deeds of Cumberland County in Mortgage Book 1567, page 705, secured on premises 301 Hill Street, Mt. Holly Springs, PA 17065 a true and correct description of which is attached hereto as Exhibit I. 4. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 5. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made conformity with the terms of the mortgage, from July 1, 2000 and each month thereafter, up to and including the present time. 6. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance Interest from 07/01/00 to 06/11/01 At $26.22 per diem Monthly Inspections from 07/01/00 To 06/01/01 at $15.00 per month Attorney's Fee Title Information Certificate Photostats and Postage Notarizations $78,126.20 $ 9,072.12 $ 180.00 $ 3,900.00 $ 350.00 $ 45.00 $ 10.00 TOTAL $91,683.32 8. plaintiff sent to defendants, mortgagors and real owners a combined Notice and Warning of Intention to Foreclose ~" " I ~l .," ,L~=~~ '~ .'""'~,~~_ and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 assistance has not been granted although the applicable time periods provided by statute have expired (Exhibit II). WHEREFORE, plaintiff demands judgment for $91,683.32, plus per diem interest at $26.22 from 06/12/01 to the date of judgment plus monthly inspection costs of $15.00 from 07/01/01 to the date of judgment and foreclosure and sale of the mortgaged premises plus costs thereon. I Plaintiff ~' - II ..J, . <,~ 'iill~bt~< 125825703, Our File # 7890 VERIFICATION I verify that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. By: ~c~ Ti tIe: Default Specialist Dated: ()o/~:J;;l _J~. ~ "- " 1'1 ^-; ~~b'~il DESCRIPTION ALL THAT CERTAIN tract of land, with improvements thereon erected, situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point on Hill Street Extended, at the line of land now or formerly of Mathew Moore; thence by said Street, South seventy-two (72) degrees West 123.45 feet to a point at the line of land now or formerly of Charles Goodyear; thence along the land of the latter, the following courses and distances to wit: South twelve (12) degrees East 83 feet to a point; South twenty-one (21) degrees East 50 feet to a point; South sixty (60) degrees East 23.5 feet to a point; North seventy-two (72) degrees East 3.5 feet to a point; South twenty-one (21) degrees East 186.6 feet to a point at the line of land formerly of Alfred Corbett, thence by the land of the latter, North sixty- four (64) degrees East 87.45 feet to a point at line of land formerly of Mathew Moore; thence by the land of the latter, North twenty-one (21) degrees West 323.4 feet to the Place of beginning. CONTAINING .8 of an acre, more or less, and being improved with a frame semi-bungalow. Said composite description being according to the survey of William N. Alexander, Registered Surveyor, dated September 14, 1936. Tax Map 40-33-1940-001 " i )i =~ -~ , IJl ~ . ~"' d',: 'GM4C Mortgage Corporation P.O. Box 850"71 San Diego, CA 92186-5071 3451 Hammond Ave P.O. Box 780 Waterloo, IA 50704-0780 Servicing GMAC.... c.,.. _c . ... .... V. ,- , . Mortgage Dare: September 1, 2000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortl!llee on vour home is in default. and the lender intends to foreclose. SDeclfic. informatioD about the nature of the default is Drovided in the atlaehed Daees. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mav be able to helD to save vour home. This Notice eXDlains how the DrOeram works. To see ifHEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the CounseliDe Aeencv. The name. address and Dhone number of Consumer Credit Coonseline Aeencies servine vour Countv are listed atthe end of this Notice. If ou have an uestions ou ma call the Penn Ivania Housin Finance Aeencv toll free at 1.800.342.2397.lPersons with imnaired heariu can calI (71'Tl780.18 9). This Notice contains. important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an 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 ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: JAMES D. COOK 301 HILL STREET MT HOLLY SPRINGS, PA 11065 LOAN ACCT. NO.: ORIGINAL LENDER: CURRENTLENDER/SERVICER: 125825103 N/A GMAC Mortgage ~ . , .,~~- l'^ . _ t ~[_"J- -~ - , -~ "~.-, -<-'''-',-..;~-,"-, '. 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 REQmREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay offoreclosure on your mortgage for thirty (30) days from the date of this Notice. During thattime you must anange and attend a "face-to-face" meeting with one of the consumer credit connseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR W1TffiN 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 connseling 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 teleDhone numbers of desil!l1ated consumer credit connselin!! a!!encies for the county in which.the Drooertv 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. 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 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 Homeownets Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeownets Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of you face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THEOTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available fimds for emergency mortgage assistance are very limited. They will be disbursed by the Agency nnder the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. , - I '-I , ~ ~'''._ i ',,.;,oS _ ~ '. ;'-.;;,;i '.. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other SIUllS due ,mderthe 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 rimt to cure the default and Drevent the sale at anv time UD to one hour before the SherifI's Sale. You mav do so by Davin!! the total amount then Dast due. Dlusanv late or other cha1'l!es then due. reasonable attornev's fees and costs connected with the foreclo~re sale and any oi;her costs,connected with the SherifI's Sale as sDecified in writing bv the lender and bv Derformmg anv,other reOUlrements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that tbe earliest date that such a Sheriffs Sale ofthe mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the 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 or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: GMAC Mortgage Corporation 401 Mile of Cars Way 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 ownership 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 furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You mayor may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL TIlE PROPERTY TO OBTAIN MONEY TO PAY OFF TIlE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTIlER LENDING INSTITUTION TO PAY OFF TIllS DEBT. TO HAVE TIllS DEFAULT CURED BY ANY TIlIRD PARTY ACTING ON YOUR BEHALF. TO HAVE TIlE MORTGAGE RESTORED TO TIlE SAME POSITION AS IF NO DF.F AULT HAD OCCURRED, IF YOU CURE TIlE DEFAULT. (HOWEVER, YOU DO NOT HAVE TIllS RIGHT TO CURE YOUR DEFAULT MORE TIlAN TIlREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT TIlE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTIlER LAWSUIT INSTITUTED UNDER TIlE MORTGAGE DOCUMENTS, TO ASSERT ANY OTIlER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TIlE LENDER. TO SEEK PROTECTION UNDER TIlE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED ( '.U! '" ,,,~:,I,--v -" "cH "-"," ~ ,,~ ,~' '':;1 ", NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have ffied haDlkruptcy you ean stiII apply for Emergeney Mortgage Assistanee.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender is on your property located at: 301 Hill Street Mt Holly Springs, PA 17065 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: July 1, 2000 through September 1, 2000. See attached Exhibit for payment breakdown. Monthly Payments Late Charges NSF Inspections Other Suspense 2,462.31 0.00 0.00 0.00 45.56 TOTAL AMOUNT PAST DUE: 2,507.87 B. YOU HA VB FAILED TO TAKE TIlE FOLLOWING ACTION (Do not use ifnot annlicable ): HOW TO CURE THE DEFAULT .. You may cure the default within TIlIRlY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2, 507 . 87 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING TIlE TIlIRlY (30) DAY PERIOD. Pavments must be made either bv cash. cashieI's check. certified check or mODev order made uavable and sent to: GMAC Mortgage Corporation ATTN: Payment Processing P.O. Box 780 Waterloo, IA 50704-0780 You can cure any other default by taking the following action within TIlIRlY (30) DAYS of the date of this letter: (Do not use ifnot annlicable.) N tAl' b1 o pp ~ca e IF YOU DO NOT CURE THE DEFAULT.. If you do not cure the default within TIlIRlY (30) DAYS of the date of this Notice, the lender intends to exercise its riehts to aeeelerate the mortl!llfce debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may ose the chance to pay the mortgage in monthly installments. Iffull payment of the total amOlmt past due is not made within TIlIRlY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon vour mortl!lll!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 required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, iflegal proceedings are started against against you, you will bave to pay all reasonable attom'ey's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amOlmt you owe the lender, which may also include other reasonable costs. !fyou eure the default within the TIDRTY (30) DAYS period. vou will not be required to pay attorney's fees. .., . " "l' .11 '1' - ,-",-'-,,;,--' ~~, <I EXHIBIT July 1, 2000 August 1, 2000 September 1, 2000 @ @ @ 820.77 820.77 820.77 ~~iJJlor!W,ii!iJM~M.i'dl"j""C,"'-''''~~N,~~,."",...~,,",;;<Arn,O!l.~,,'~"''':I'''"''""""-~";;~;;lW,''''''!,'hln;j~,:!;;j~~i:iilM.Iiifi!~.!bl!)' toIjiiljl' ~ < ~ .~ . (" "!l;/i~Ml5li!t1llli _'1-\ ,. . H d '1 il il i. ,II I I I I :~ .'1. il : ~ ,I' I' 'I I " 0 ~ 0 C:.J 0 ~ c:: n" ~ ~ ~ s: E --4 -0 OJ -t- 1J)fD. ::e ff'7. Crz .D ",,-=-L \ 8 "- ;.-::c:- ()) c.,j 2 C) '0 ~:=~ ......... 15 ':21".:::) "".1 ....... C) D- ~o -""~ N d , _Cl '-:? :::)' ~ f/( , J>c': .,.-j, I ~ ",..,... t U1 :0 ~ -.J -< ......... }2 ~ [5 [0 "<~.- ~ " ,,_. ~ _.. , 'h.n' ~ ". < w_ , . " - ~ - . .._"~" ~.- -.." I l;l . " -, --.,~.. CASE NO: 2001-03569 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS COOK JAMES D BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE COOK JAMES D was served upon the , 2001 DEFENDANT , at 2010:00 HOURS, on the 14th day of June at 301 HILL STREET MT HOLLY SPRINGS, PA 17065 JAMES COOK by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.34 .00 10.00 .00 32.34 Sworn and Subscribed to before tv me this ~g ~ day of ~ ;l.A;v L A.D. 'e';._ O. ~,i.--, ~ ~othonotary . So Answers: r~~ R. Thomas Kline 06/18/2001 MARTHA VON~OS STIEL By : IIf1 I'llr Deputy Sheriff ---