HomeMy WebLinkAbout01-05495FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD
SUITE 1400
PHILADELPHIA, PA 19103-1814
(2151 563-7000
GMAC MORTGAGE CORPORATION OF PA
500 ENTERPRISE ROAD SUITE 150,
HORSHAM, PA 19044
Plaintiff
v.
STACY L. MOTTER
MARK D. MORRISON
3529 LISBURN ROAD,
MECHANICSBURG, PA 17055-670
Defendant(s)
TERM
No. OI - S'yrt~S' ~~u~~~~-~
CUMBERLAND COUNTY
CIVIL ACTION -LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
**THIS F[RM 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. 1F 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
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CNIL DNISION
Loan #:450194964
IF THIS IS THE FIRST NOTICE THAT YOU HAVE
RECEIVED FROM THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF
THE DEBT OR ANY PORTION THEREOF. IF
DEFENDANT(S) DO SO IN WRITING WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
OBTAIN AND PROVIDE DEFENDANT(S) WITH
WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO
BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
SEND DEFENDANT(S) THE NAME AND ADDRESS
OF THE ORIGINAL CREDITOR, IF DIFFERENT
FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT
UNTIL THE END OF THE THIRTY (30) DAY
PERIOD FOLLOWING FIRST CONTACT WITH
YOU BEFORE SUING YOU TO COLLECT THIS
DEBT. EVEN THOUGH THE LAW PROVIDES
THAT YOUR ANSWER TO THIS COMPLAINT IS
TO BE FILED IN THIS ACTION WITHIN TWENTY
(20) DAYS, YOU MAY OBTAIN AN EXTENSION OF
THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A
JUDGMENT UNTIL THE EXPIRATION OF THIRTY
(30) DAYS AFTER YOU HAVE RECEIVED THIS
COMPLAINT. HOWEVER, IF YOU REQUEST
PROOF OF THE DEBT OR THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS
UPON YOUR RECEIPT OF THIS COMPLAINT,
THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR
OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY
FOR ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
Plaintiff is
GMAC MORTGAGE CORPORATION OF PA
500 ENTERPRISE ROAD SUITE 150,
HORSHAM, PA 19044
2. The name(s) and last known address(es) of the Defendant(s) are:
STACY L. MOTTER
MARK D. MORRISON
3529 LISBURN ROAD,
MECHANICSBURG, PA 17055-670
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 8/7/95 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PLAIN'T'IFF which mortgage is recorded in the Office of the
Recorder of CUMBERLAND County, in Mortgage Book No. 1276, Page 608. .
4. The premises subject to said mortgage is described as attached.
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 5/1/O1 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 $57,044.35
Interest 1,864.94
4/1/01 through 9/1/01
(Per Diem $12.11)
Attomey's Fees 2,852.00
Cumulative Late Charges 108.70
8/7/95 to 9/1/01
Cost of Suit and Title Search 550.00
Subtotal $62,419.99
Escrow
Credit 0.00
Deficit 778.35
Subtotal $ 778.35
TOTAL $63,198.34
The attorney's fees set forth above aze inconformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third pazty purchaser at
Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attomey's fees
will be charged.
This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.00.
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 tme 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
$63,19834, together with interest from 9/1/01 at the rate of $12.11 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
.~:__
rirs[ mortgage roan ser
3451 Hammond Ave
P.o. 9ox Tao
Waterloo, IA 50704-0780
Date: July 16, 2001
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is fn defanlt, and the lender intends to foreclose.
Specific information about the nature of the default is provided in the attached paPes.
The HObfEOWNER'5 MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to help to save your
home. This Notice explains how the proPram works.
This Notice contains fmportaat legal information. If you have any questions, representatives at the Consumer
Credit Counseling Agency maybe able to help explain it Yoa may also want to contact an attorney in your
area. The local bar association may be able to help yon fmd a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUn1A Ib1PORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CA5A. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION IbfD1EDIATANIENTE LLADIANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUbfERO bIENCIONADO
ARRIBA. PUEDE5 SER ELECIBLE PARA UN PRESTAMO POR EL PROGRADfA LLAbIADO
"HOMEOWNER'S EMERGENCY riIORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE
SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIbIIR SU HIPOTECA
HOMEOWNER'S NAbIE(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
MARK D. MORRISON
3529 LISBURN ROAD
MECHANICSBURG, PA 17055-6702
450194964
N/A
GMAC Mortgage Corporation
!~CHi61TA
Waterloo, IA 50704-0780
C Mortgage
Date: July 16, 2001
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an offic' notice that the mortQaQe on your home is in default, and the lender intends to foreclose.
SoeciBc information about the nature of the default is provided in the attached oases
The HOMEOR^o'ER'S MORTGAGE ASSISTANCE PROGRADII (HEbIAPI may be able to help to save your
home. This Notice explains how the oro¢ram works.
This Notice contains important legal information. If yon have any questions, representatives at the Consumer
Credit Counseling Agency maybe able to help explain it. Yon may also want to contact an attorney in your
area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO E5 DE 5UAIIA IMPORTANCIA, PUE5 AFECTA 5U DERECHO A
CONTINUAR VIVIENDO EN SU CASA. 5I NO CObIIPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION IDIIMEDIATAbIIENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO
ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRANIIA LLAbIIADO
"HOMEOWNER'S EMERGENCY riIIORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE
SALVAR SU CASA AE LA PERDIDA DEL DERECHO A REDIbIIR 5U HIPOTECA
NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
STAGY L. MOTTER
3529 LISBURN ROAD
MECHANICSBURG, PA 17055-6702
450194964
N/A
GMAC Mortgage Corporation
F~°~XHIBtTA~
~<.
HOMEOWNER'S EiV1ERGENCY biORTGACE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE AORTGAGE PAYb1ENTS
IF YOU COMPLY WTTH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY hiORTGACE
ASSISTANCE ACT OF 1983 (THE'°ACT"), YOU MAY BE ELIGIBLE FOR EbiERCENCY 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 PAYAiENT5, AND
IF YOU MEET OTHER ELIGIBII.ITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEAiPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosrue
on your mortgage for thirty (30) days from the date of this Notice. During that time yon must arrange and attend a
"face-to-face" meeting with one of the consrumer credit cornseling agencies listed at the end of this Notce. THIS
CONSUAiER CREDIT COUNSELING AGENCIES -- If you meet with one of the consrmer credit cornseling
agencies listed at the end of this notice, the lender may NOT take action against yon for thirty (30) days after the date
of this meetine.The names. addresses and telephone numbers of desi~rated consumer credit cormseline agencies for
yore
necessary to schedule one
APPLICATION FOR MORTGAGE ASSISTANCE -- Yoru mortgage is in default for the masons set forth later
in this Notice (see following pages For specific information about the nature of yore default.) If you have tried and
are rmable to resolve this problem with the tender, you have the right to apply for fmancial assistance from the
Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed
Homeo~mei's Emergency Assistance Program Application with one of the designated consumer credit counseling
agencies listed at the end of this Notice. Only consumer credit cormseling 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 PROb1PTLY. IF YOU FAII, TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HODiE IbiNIEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WTLL BE DENIED.
AGENCY ACTION -- Available fiends for emergency mortgage assistance are very limited. They will be disbursed
by the Agency render 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. Inning that time, no foreclosrue proceedings
will be prusued 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 yore application.
~CHIBITi~-,
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FII.ING OF A PETITION IN BANKRUPTCY,
THE FOLLOV~TNG PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND
SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy yon can str7l apply for Emergency Mortgage Assistance.)
HOR' TO CURE YOUR bORTGAGE DEFAULT (Bring it ap to date)
NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender is on your property located at:
3529 LISBURN ROAD MECHANICSBURG, PA 17055-6702 IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: May 1, 2001 through July 1, 2001. See
attached Exhibit for payment breakdown.
Monthly Payments 1, 8 5 0. 5 8
Late Charges 65.22
NSF 0.00
Inspections 0 . 0 0
Other ~ 97.39
Suspense 0 . 0 0
TOTAL AMOUNT PAST DUE: 2 , 013.19
B. YOU HAVE FAILED TO TAKE THE FOLL014'ING ACTION (Do not use if not applicable):
HOW TO CURE THE DEFAULT --You may aue the default within THIRTY (30) DAYS of the date of this
notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$ 2 , 013.19 ,PLUS ANI' MORTGAGE PAYMENTS AND LATE CHARGES WI-IICH BECOb1E
DUE DURING THE THIRTY (30) DAY PERIOD. Payments mast be made either by cash, cashier's check,
certified check or money order made payable and sent to:
Payment Processing
GMAC Mortgage Corporation
PO Box 780
Waterloo, IA 50704-0780
You can cwre any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:
(Do not useifnotapplicable.) Not Applicable
IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the defatilt within THIRTY (30) DAYS of the date
of this Notice, the lender intends to exercise its riPhts to accelerate the mortgage debt. This means that the entire
outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the
mortgage m monthly installments. If fill payment of the total amount past due is not made within THIRTI' (30)
DAYS, the lender also intends to instinct its attorneys to start legal action to foreclose aeon your morteased
ro e
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off
the mortgage debt. If the lender refers yot>r case to its attomeys, but you cure the delinquency before the lender
begins legal proceedings against you, you will still be required to pay the reasonable attomeys fees that wen;
achrally incttrnd, up to $10.00. However, if legal proceedings are started against against you, you will have to pay all
reasonable attorney's fees achu~lly inaured by the lender even if they exceed $10.00. Any attomeys fees will be
added to the amotmt you owe the lender, which may also include other reasonable costs.
Ikon core the default within the THIRTY (30) DAYS period voa wBl not be required to pay attorney's fees.
~"XHIBITi~.
OTHER LENDER REMEDIES -- The lender may also sue yon personally for the unpaid principal balance and all
other stuns due tinder the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cttred the default within
the THIRTY (30) DAY neriod and foreclostue oroceedines have beetm. von still have the rght to cure the defmdr
er reautrements unaer the mortHaBe. Caring your default in the manner set
your mortgage to the same position as if yon had never detanlted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale
of the mortgaged property coiild be held would be approximately six (6) months from the date of this Nofice. A
notice of the achtal date of the Sheriff s Sale will be sent to you before the sale. Of cotnse, the amotmt needed to
cure the default will increase the longer you wait. You may find out at any time exactly what the required payment
or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: GMAC Mortgage Corporation
Address: 3451 Hammond Avenue
Waterloo IA 50702
Phone Number: (800) 850-4622
Fax Number: (319) 236-7437
Contact Person: Collection Department
EFFECT OF SHERIF'F'S SALE --You should realize that a Sheriff s Sate will end yottr ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sate, a
lawsuit to remove you and your furnishings and other belongings cotild be started by the lender at any time.
ASSUMPTION OF MORTGAGE --You may or may not sell or transfer yotu home to a lntyer or transferee who
will asstune the mortgage debt, provided that all the mdstanding payments, charges and attorney's fees and costs are
paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTTTUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAb4E POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOR'EVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU D4AY HA~B TO SUCH ACTION BY THE
LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED
~i~r~
PENNSYLVANIA HOUSING FIN~uNCE AGENCY
HOMEOWNER'S EMERGENCY ASSIST.>NCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
(REV. 8/00)
CLINTON COUNTY
L,vcoming-Clinton Counties Commision for CCCS of Northeasum PA
Community Action (STEP) 1631 South Atherton St., Suite 100
2138 Lincoln Suee[ P.O. Box 1328 State College, PA 16801
Williamsport, PA 17703 (814) 238-3668 FAX (814) 238-3669
(570)326.0587 FASO (570)322-2197
CCCS of Nor[heastem PA
201 Basin Sveet
Williamsport, PA 17703
(570) 323fi627 FAX (570) 323-6626
3l W. Market Street
POB 1127
Wilkes-Barre, PA 18702
(570) 821-0837 or (800) 922-9537
FAX (570) 821-1785
COLUMBIA COL'YI'Y
1400 Abington Executive Park
Suiu 1
Clazks Summit. PA 184 (1
(570)587-9163 or (300)922-9:37
FAX (570} 587-9134.9 i35
Commission an Economics Opportunity of Luzeme County
163 Amber Lane
Wilkes-Barre, PA 18702
(570)326-0510 or (800)822-0359
FAX (570) 829-1665- -(Call Before Faxing)
(570) 455-4994 Hazeltawn
FAX (570) 455-5631- -(Call Before Fazing)
(570)836-4090 Tunkhannock
Booker T. Washington Center
1720 Holland Center
Erie, PA 16503
(814) 453.5744 FAX (814) 5749
CRAWFORD COU~(TY
Greater Erie Community' Action Committee
18 West 9" Sveet
Erie, PA 16501
(814) 459-4581 FAX (8 t4) 456-0161
Iohn F. Kennedy Center. Inc.
2021 East 20" Street
Erie, PA 16510
(814)398-0400
FAX (814) 898.1243
CCCS of Western Pennsylvania Inc
2000 Linglestown Road
Harrisburg, PA 17102
(717) i4l•I757
Urban League of Mevopolitan Harrisburg
N. 6" Sveet
Harrisburg, PA 17101
(717) 234-5925 FAX (717) 234-9459
Community Action Comm of the Capital Region
1514 Dem Sveet
Harrisburg, P.4 17104
(717) 232.9757 FAX (717) 234-2227
CUMBERLAND COLTiTY
Shenango Valley Urban League, Inc.
601 Indiana Avenue
Farrell, PA 16121
(412)981-5310
Financial Counseling Services of Franklin
31 Wzst 3r°Sveet
Waynesboro, PA 17268
(717)762-3285
YWCA of Carlisle
301 "G" Sveet
Carlisle, PA 17013
(711) 243.3818 FAX (717) 731.9539
Adams County Housing Authority
139443 Carlisle St.
Gemsburg, PA 17325
(717)334-1518 FAX 334-8326
PENNSYLVANL> BULLETIN, VOL. 29, NO. ?3, JUNE 5, 1999
~BITA
e1L: T:~1T CERTr1~N pleco or parcel o° land situate i:Z Lavor ells : Tovcship, Ce:.^ti.ar:a:^.d
County, Pennsylvania, bounded and described as Follows: '
BEGINNING at a point w)ich point is na iron pia located from an existing railrcad
anike on the easterly line of Lisburn Road (L.F. 21019); thence North 76 degrees 00
minutes 00 seconds ~ast, 150.33 feet to said iron. pin; thence along the centerline of
a 20.00 foot unopened right-of-way between Lot xo. 1 on said plan and lands now or
late of T. :+i11er; thence North 70' degreea DO minutes 00 seconda Eaat, 113.00 feet to
an existing iron ein; thence along said line 22.00 Feet to,a point along the bask of
the Yellow Breeches Creek; thence along said line 14.25 feet to a point in the bed of
toe yellow Sre®ches Creek; thence a'_onq the bed of said Cheek South 17 degreea 40
minutes 30 seconds East, 220.29 £a et to a point within the bed of said Creak; thence
alcng lands row or late of w.~. Goudy (aka Lot No. 3 on said plan) South 76 degreea 00
minutes 00 seconda west, 35,00 feat to a point along the bank of the Xellcw 3reeches
creek; thence along said line 29.00 feet to an iron pin; thence along said line 113.00
feet to an iron piri t)le place of BEGINNING.
BSING lot No. on plan of comc~a Headow in accordance with a s•.L~ey by Erne9t S.
Walker, P.E., dated March 5, 1981 and recorded in Plan Sook 7, Yage 4.
~vING THEREON erected a dwelling known as 3529 Lisburn Read, :?echanicaburg, Pa.
TOGETHER with the~~.}ght to use a 20.00 foot wide toad being existing gra-+e1 which is
10.00 feet either sYde of the centerline of a line from the centerline of Lisburn Rca3
North 73 degrees 15 minutes 00 seconds West, 200.00 feet.
SING KNOWN AS
U?SDER and SLT3JECT to certain. restrictions now of record.
BEING Tl?E SAME PREMISES which Michael L.1nr~ert.
, By Indenture bearing the date day of A.D. 1955 and iratended
to be forthwith recorded in the office for recording of Deeds, ir.
a^.d For the county of Cu:ioerland Cem~nonwealth of Pennsylva:zia,
gra.^.ted and co.^.veyed unto sa?d Mortgagors, in fee.
t
VERIFICATION
KRISTINE WILSON hereby states that she is FORECLOSURE SPECIALIST of
GMAC MORTGAGE 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 aze true and correct to the 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 authopties. e
DATE: ~~ I_ f~
..
~, J~ , ~. ~ Ci
C ~~` ~~
-n
pk t,~
"i ~ ® n ,
~ h ~ ~ ~
„ ~ ?
,-~ ~
~, -r,
-
a < <-~ _
~ ~ :
~ ~ z ~ ~ Svc==j
~c -~ ~ _ ~:
~~
~l
FEDERMAN AND PHELAN
By: Frank Federman, Esquire
Atty. I.D. No.:12248
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215)563-7000
GMAC MORTGAGE CORPORATION OF PA
Attorney for Plaintiff
Plaintiff Court of Common Pleas
CUMBERLAND County
vs. No. 01-5495CIVIL
STAGY L. MOTTER
MARK D. MORRISON
Defendant(s)
PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PRETUDICE ,
AND SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark
this matter settled, discontinued and ended, upon payment of your costs only.
Date Frank Federman
Attorney for Plaintiff
C'i ~: ;-)
C "'
'c] c= -~
m;i --~
~[
r
~C -
.
. -
!: ?-
-<, C.:r -C
SHERIFF'S RETURN - OUT OF COUNTY
ti
CASE N0: 2001-05495 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC MORTGAGE CORPORATION
VS
MOTTER STAGY 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
and inquiry for the within named DEFENDANT to wit:
MOTTER STAGY L
but was unable to locate Her
deputized the sheriff of DAUPHIN
serve the within COMPLAINT - MORT FORE
County, Pennsylvania, to
On October 25th 2001 this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Surcharge 10.00
Dep Dauphin Co 29.25
.00
54.25
1Of25/2001
FEDERMAN & PHELAN
in his bailiwick. He therefore
So answ ~~~._
R Thomas ~ine
Sheriff of Cumberland County
Sworn and subscribed to before me
this 3%„0,1- day of ~~,
c2-1rD ) A . D .
D~ ~ ~~
Prothono~
~~ ~,m:
SHERIFF'S RETURN - NOT FOUND
r
CASE N0: 2001-05495 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GMAC MORTGAGE CORPORATION
VS
MOTTER STACY 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
MORRISON MARK D but was
unable to locate Him in his bailiwick
COMPLAINT - MORT FORE ,
He therefore returns the
NOT FOUND as to
the within named DEFENDANT
MORRISON MARK D
3529 LISBURN ROAD MECHANICSBURG
IS VACANT
Sheriff's Costs: So answ ~/
Docketing 6.00
Service .00 _
Not Found 5.00 R. Thomas K1 e,
Surcharge 10.00 Sheriff of Cumberland County
nn
21.00 FEDERMAN & PHELAN
10/25/2001
Sworn and subscribed to before me
this 31,¢f- day of ~„~c
~~ A.D.
Pr t~notary
aid,
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2001-05495 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GMAC MORTGAGE CORPORATION
VS
HOTTER STAGY L ET AL
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
HOTTER STACY L but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE ,
NOT FOUND as to
the within named DEFENDANT HOTTER STAGY L
3529 LISBURN ROAD MECHANICSBURG
IS VACANT
Sheriff's Costs:
Docketing 18.00
Service 6.50
Not Found 5.00
Surcharge 10.00
nn
J l . J V
So ans
R. Thomas Kline
Sheriff of Cumberland County
FEDERMAN & PHELAN
10/25/2001
Sworn and subscribed to before me
this ,31,0,x- day of
a2UV/ A . D .
Pro h notary ~~
SHERIFF'S RETURN - OUT OF COUNTY
W
CASE NO: 2001-05495 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC MORTGAGE CORPORATION
VS
STACY 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
and inquiry for the within named DEFENDANT to wit:
MORRISON MARK D
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania, to
Serve the within COMPLAINT - MORT FORE
On October 25th 2001 this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing 6.00
Out of County .00
Surcharge 10.00
.00
nn
Lv.vv
10/25/2001
FEDERMAN & PHELAN
Sworn and subscribed to before me
this 31.+..+ day of ~c~w.
So answers• -
r ®.
R. omas Kline
Sheriff of Cumberland County
°2o-c'~ A.D.
Prothonotary
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
GMAC MORTGAGE CORP OF PA
vs
MORRISON MARK D
Sheriff's Return
No. 2785-T - - -2001
OTHER COUNTY N0. 01-5495
AND NOW: October 3, 2001
COMPLAINT IN MORTGAGE FORECLOSURE
MORRISON MARK D
at 8:47PM served the within
upon
by personally handing
to DEFT 1 true attested copy(ies)
of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known
to him/her the contents thereof at 5917 A LINGLESTOWN RD
HBG, PA 17112-0000
Sworn and subscribed to
before me this 18TH day f OCTOBER, 2001
~-. f ~~
PROTHONOTARY
So Answers,
U (/ _
Sheriff of Dauphi ounty, Pa.
By
D puty Sheriff
Sheriff's Costs: 529.25 PD 10/02/2001
RCPT NO 154867
KC/DB
,~
(~~~i~~ ~~ e ~5~r~xi~f
Mary Jane Snyder
Real Estate DepuTy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717)255-2660 fax: (717)255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
Sheriff's Return
No. 2785-T - - -2001
OTHER COUNTY NO. 01-5495
AND NOW: October 3, 2001
COMPLAINT IN MORTGAGE FORECLOSURE
MOTTER STACY L
GMAC MORTGAGE CORP OF PA
vs
•- MORRISON MARK D
J. Dattiel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chef Deputy
at 8:47PM served the within
upon
by personally handing
to DEFT - 1 true attested copy(ies)
of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known
to him/her the contents thereof at 5917 A LINGLESTOWN RD
HBG, PA 17112-0000
Sworn and subscribed to
before me this 18TH day of OCTOBER, 2001
PROTHONOTARY
So Answers,
~~'~°~~~
Sheriff of Dauph' ounty, Pa.
By
Deputy Sheriff
Sheriff's Costs: $29.25 PD 10/02/2001
RCPT NO 154667
KC/DB
s
f1n Tl~e ~®~art ®f ~s~aga~ Pleas ®f C'~mberland C®unty, Pennsylvania
QKAC Mortgage Corporation of PA
'VS.
Stacy L. Motter et a1
SERVE:
Stacy L. Motter
No. O1 5495 civil
Now, september 21, 2001 , I, SHERIFF OF CTJMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff. ,,..~'
' ....~
Sheriff of Cumberland County, PA
Affidavflt ®f Serviee
Now,
within
upon
at
by handing to
a
and made known to
copy of the original
the contents thereof.
So answers,
Sheriff of
Sworn and subscribed before
xne this ~ day of , 20
20_, at o'clock M. served the
COSTS
SERVICE ~
MILEAGE
AFFIDAVIT
County, PA
In The C®urt ®f Cyan ~n Pleas ®f Cumherland C®unty, Pennsylvania
QNAC Mortgage Corporation o£ PA
VS.
Stacy L. Motter et al
SERVE:
Mark D. Morrison
No. O1 5495 civil
Now, September 21, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and rislc of the Plaintiff.
y
~~~ ~~ -¢
Sheriff of Cumherland County, PA
Affidavit of Service
low,
within
upon
at
by handing to
a
and made known to
copy of the original
the contents thereof.
So answers,
Sheriff of
Sworn and subscribed before
me tkus day of , 20
20_, at o'clock M. served the
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
County, PA
FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN, ESQUIIZE
IDENTIFICATION NO. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD
SUITE 1400
PHILADELPHIA, PA 19103-1814
(2151 563-7000
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CNIL DNISION
GMAC MORTGAGE CORPORATION OF PA
500 ENTERPRISE ROAD SUITE 150,
HORSHAM, PA 19044
Plaintiff
v.
TERM
No.ol - S'Y4 S ~c~~L~ - l
STACY L. MOTTER
MARK D. MORRISON
3529 LISBURN ROAD,
MECHANICSBURG, PA 17055-670
Defendant(s)
CUMBERLAND COUNTY
CIVIL ACTION -LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
**THIS FIRM [S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [F YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE [N 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.
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
1AIe h®reby ~rt6tY th® ~~ 2 LIBERTY AVENUE
uvithan t0 be atlu~ altd CARLISLE, PA 17013
~~Pf~~ ~~py p¢ the (717) 249-3166
~P! in~l ~fl~d ~f rec®rd
~tV~ P#-~L.~.P!
a0 ~~~I#~~~~ ~~~s~ts~, R ~aOI~ X11363 ~ 03j ~a~0
Loan #: 450194964 ~~~ ~~~ ~i Q~, %s~~,6l~s ~~^ ~g r J• _q
T~~, ~a ~ f., ~
~ ~`
PrD3Iap6t®Farr
IF THIS IS THE FIRST NOTICE THAT YOU HAVE
RECEIVED FROM THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF
THE DEBT OR ANY PORTION THEREOF. IF
DEFENDANT(S) DO SO IN WRITING WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
OBTAIN AND PROVIDE DEFENDANT(S) WITH
WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO
BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (so> DAYS of RECEIPT of THIs
PLEADING, COUNSEL FOR PLAINTIFF WILL
SEND DEFENDANT(S) THE NAME AND ADDRESS
OF THE ORIGINAL CREDITOR, IF DIFFERENT
FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT
UNTIL THE END OF THE THIRTY (30) DAY
PERIOD FOLLOWING FIRST CONTACT WITH
YOU BEFORE SUING YOU TO COLLECT THIS
DEBT. EVEN THOUGH THE LAW PROVIDES
THAT YOUR ANSWER TO THIS COMPLAINT YS
TO BE FILED IN THIS ACTION WITHIN TWENTY
(20) DAYS, YOU MAY OBTAIN AN EXTENSION OF
THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A
JUDGMENT UNTIL THE EXPIRATION OF THIRTY
(30) DAYS AFTER YOU HAVE RECEIVED THIS
COMPLAINT. HOWEVER, IF YOU REQUEST
PROOF OF THE DEBT OR THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD, THAT BEGINS
UPON YOUR RECEIPT OF THIS COMPLAINT,
THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR
OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY
FOR ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
Plaintiff is
GMAC MORTGAGE CORPORATION OF PA
500 ENTERPRISE ROAD SUITE 150,
HORSHAM, PA 19044
2. The name(s) and last known address(es) of the Defendant(s) are:
STAGY L. MOTTER
MARK D. MORRISON
3529 LISBURN ROAD,
MECHANICSBURG, PA 17055-b70
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 817/95 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 608. .
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 5/1/O1 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 thereor.
are collectible forthwith. A copy of such notice is attached as Exhibit "A."
6. The following amounts are due on the mortgage:
Principal Balance $57,044.35
Interest 1,864.94
4/1/01 through 9/1/01
(Per Diem $12.11)
Attorney's Fees x,852.00
Cumulative Late Charges 108.70
8/7/95 to 9/1/01
Cost of Suit and Title Search 550.00
Subtotal $62,419.99
Escrow
Credit 0.00
Deficit 778.35
Subtotal S 778.35
TOTAL $63,198.34
The attorney's fees set forth above are inconformity 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 $50,000.00.
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
$63,198.34, together with interest from 9/1/01 at the rate of $12.11 per diem to the date of
Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and
sale of the mortgaged property.
/s/ Frank Federman
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
First Mortgage Laan Ser
3457 Hammond Ave
P.O. Bax 780
Waterloo, IA 50704-0780
~iC ortgage
Dale: July 16, 2001
V
F
SIT
This is an offisiai notice that the mortgage on your hmme is in default, and the -ender intends to foreclose.
Specific information aboat the nature of the default is provided in the attached pates.
The HOV'IEO~i'NER'S SIORTCAGE ASSISTANCE PROGRAM tHE;VIAP) may be able to help to save your
home. This Notice explains how the program works.
This Notice conhins important legal information. If you have any gpestions, representafives atthe Consumer
Credit Counseling Agency may be able to help explain it Yon may also want to contact an attorney in yoar
area. The local bar association may be able to help you find a lawyer.
LA NOTIFYCACION EN AD.IUNTO ES DE SUVA IiIPORTANCIA, PUSS AFECTA SU DERECHO A
CONTINUAR 6'IVIEVDO EN SU CASA. SI NO COOIPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION I~LVIEDIATAdIENTE LLA~IANDO ESTA AGENCIA
(PENNSYLVANIA HOUSLVG FL°iANCE AGENCY) SIN CARGOS AL NUMERO 1IENCIONADO
ARRIBA. PUEDES SER ELEGIBLE PARR IN PRESTA.SIO POR EL PROGRAtiIA LLAMADO
"HOMEOR'NER'S EMERGENCY MORTGAGE ASSISTANCE PROCRA~I" EL CURL PUEDE
SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDI~IIR SU HIPOTECA
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER/SER~'ICER:
MARS{ D. MORRI SON
3529 LISBUP.N ROAD
MEC$ANICSBURG, PA 17055-6702
- 450194964
N/A
GMAC Mortgage Corporation
8
rirs moriyag® Loan a®r
3451 Hammond Ave
P.O. Box 780
Waterloo, IA 50704-0780
ortgage
Date: Su1y 16, 2001
I
i~
IT
This is an official notice that the mortgage on voar home is in defaut and the lender intends to foreclose.
Specific information about the nature of the default is provfided in the attached oases
The HObiEOSi'VER'S 3IORTGAGE ASSIST<1.yCE PROGRAM (HEMAP) maybe able to help to save tour
home. This Notice explains how the program works.
This Notice contains important legal information. If you have any questions, representatives at the Consumer
Credat 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 yon find a lawcer.
LA NOTIFICACION EN ADJUNTO ES DE SUYIA YitiIPORTAitiCIA, PUES AEECTA SU DERECHO :1
CO;I'TINUAR V'IV'IENDO EN SU CASH. SI NO CObIPRENDE EL CONTE\'IDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION I~L6IEDIATA3IENTE LLA:dIA~NDO ESTA AGENCIA
(PENNSYLVA,NIA HOUSLtiG FINANCE AGENCY) SL\' CARGOS AL NIJrIERO MENCIONADO
ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAifO POR EL PROGRAbIA LLA.~fADO
"HOi\'IEO~VNER'S E3IERGENCY 9'IORTGAGE ASSISTr1:\CE PROGRAJI" EL CUAL PUEDE
SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDI3HR SU HIPOTECA
HOIYEOR'NER'S NAME(S):
PROPERTY ADDRESS:
LO:~.N ACCT. NO.:
ORIGI\AI, LENDER:
CURREtiT L ENDERS ER~TC ER:
STAGY L. MOTTER
3529 LISBUP.N ROAD
MECAANICSBUP.G, PA 17055-6702
450194964
N/A
GMAC Mortgage Corporation
'~
HO~IEOIi"PER'S Ei1ERGE\CY ~IORTCAGF. ASSIST:4.\CE PROGR.t~I
IF YOU COiIPLY 1iTTH THE PROVISIOSS OF THE H03IEO~FSER'S E4IERGE\CY JORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU 3IAY BE ELIGIBLE FOR E3IERGEFCY 3[ORTCAGE
ASSISTA.`CE:
IF YOUR DEFAULT HAS BEE\ CAUSED BY CIRCU3ISTA.SCES
YOUR CONTROL,
IF YOU HAd'E A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PE.YNSYLV'A:N'IA HOUSLNG FINANCE AGENCY.
TEMPORARY STAY OFFORECLOSURE -- L-nder the Act, yon are entitled to a temporary stay of foreclostae
on your mortgage For thirty (30) days from the date of this Notice. Dotting that time yon mast arrange and attend a
"face-to-face" meetine with one of the constmer credit counseline agencies listed at the end of this Notice. THIS
CONSUdIER CREDIT COUNSELLNG AGENCIES -- If you meet with one of the consigner 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 mtmbers of designated constmer credit counseling agencies for
the county in which the prnpertv is located are set forth at the end of this Notice.lt is only necessary to schedule one
your tenaer tmmeatatety or youtr
APPLICATION FOR MORTGAGE ASSISTANCE -- Youtr mortgage is in default for the reasons set forth Later
in this Notice (see following pages for specific information about the nahtre of your default.) If you have tried and
are uutable 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
Homeowner's Emergency Assistance Program Application with one of the designated constmer credit counseling
agencies listed at the end of this Notice. Only consumer credit counseling agencres have applications for the
program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency.
Yottr application ~1UST be filed orpostmarked 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
FOLLOR' THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE OIAY
PROCEED AGAINST YOUR HOLIE ISI3IEDIATELY A:ND YOUR APPLICATION FOR MORTGAGE
ASSIST<1.NCE SiTLL BE DENIED.
AGENCY ACTION -- Available fiords for emergency mortgage assistance are very limited. They will be disbursed
by the Agency [under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has
sixty (60) days to make a decision after it receives your application. Daring that time, no foreclostue proceedings
will~be pursued against yon if you have met the time requ>rements set forth above.l'ou will be notified directly by
the Pennsylvania Housing Finance Agency of its decision on youg application.
~~~9
TOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILIiG OF A PETITION IN BANKRUPTCY,
THE FOLLOR'hiG PART OF THIS NOTICE IS FOR IrFORdIATION PURPOSES ONLY AND
SHOULD YOT BE COtiSIDERED AS AN ATTE~dPT TO COLLECT THE DEBT.
(Iff you have filed bankraptcy you san still apply for Emergency Mortgage Assistance.)
HOR' TO CURE YOUR JIORTGAGE DEFAULT (Brim it up to date)
ti:1TURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender is on your property located at:
3529 LISHURN ROAD MECHANICSHURG, PA 17055-6702 IS SEP.IOUSLY IN DEFAULT because:
YOU HAVE NOT ;v1ADE ~IO?vTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: May 1, 2001 through July 1, 2C01. See
attached Exhibit far payment breakdown.
;v4onthly Pavments 1, 8 5 0. 8 8
Late Charges 65.22
NSF O.OC
Inspections 0 .0 C
Other 9 7 . 3 9
Suspense C.UC
TOTAL A.rrouvT PAST DUE:
2,013.19
B. YOU HAVE FAILED TO TAKE THE FOLLOR'I\G ACTION (Do not use if not applicable):
HOVE' TO CURE THE DEFAULT' --You may care the dei'ault within THIRTI' (30) DAYS of the date of tltis
notice BY PAYYrG THE TOTAL AMOUNT PAST DUE TO THE LENDER, R'HICH IS
$ 2 , 013.19 ,PLUS A.NY 340RTGAGE PA~3IENTS A~+D LATE CHARGES 1VHICH BECOME
DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either by cash. cashier's check.
certified check or money order made payable and sent to:
Payment Processing
GMAC Mortgage Corporation
PO Box 780
Waterloo, IA SC704-0780
You can care any other default by taking the following action within THIRTI' (30) DAYS of the date of this letter:
(Do nohtse if not applicable.) Not Applicable
IF YOU DO tiOT CURE THE DEFAULT -- If you do not cnae the default within THIRTY (30) DAYS of the date
of this Notice, t>oe lender intends to exercise its rights to accelerate the mortea2e debt. This means that the entim
outstanding balance of this debt Hill be considered due immediately and you may lose the chance to pay the
mortgage in monthly installments. If fill payment of the total amount past due is not made within THIRTY' (30)
DAYS, the lender also intends to instnrct its attorneys to start legal action to foreclose upon your mortgaged
property.
IF THE 3iORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off
the mortgage debt Ifthe lender reftrs your case to its attomeys, but you care the delinquency before the lender
begins legal proceedings against yon. yon will still be required to pay the reasonable attomeys fees that-were
acnrally inctuaed, up to $0.00. Hoss'ever, if legal proceedings ate started against against you, you sell have to pay all
reasonable attorney's fees acnrally inctured by the lender even if they exceed $0.00. P.ny attomeys fees swill be
added to the amotmt you owe the lender, which may also inchrde other reasonable costs.
If von cure the default within the THIRTY (30) DAYS period you rnll not be required to paw attorney's fees.
~~Bq 4
--
..
OTHER LENDER REl1EDIES -- The fender may also sue you personally for the unpaid principal balance and all
other stuns due rmder the mortgage.
THIRTY (30) DAY period and
your mortgage to the same
-- If you have not cured the default within
acing your default in the manner set
as iff you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale
of [he mortgaged property could be held would be approsimately sax (6) months from the da#e of this Notice. A
notice of the achral date of the Sheriff s Sale trill be sent to you before the sale. Of course, the amotmt needed to
clue the default will increase the longer you wait. You may fmd out at any time exactly what the required payment
or action will be by contacting the lender.
HOR' TO CONTACT THE LENDER:
Name of Lender: GMAC Mortgage Corporation
Address: 3451 Hammond Avenue
Waterloo IA 50702
Phone Number: (SOCI 850-4622
rax Number: (3191 236-7437
Contact Person: Collection Department
EFFECT OF SHERIF'F'S SALE --You should realize that a Sheriff s Sale tv~ll end yatu ownership of the
mortgaged property and your right to occxtpy it If you continue to live in the property after the Sheriff s Sale, a
lawsuit to remove you and your firrnishings and other belongings could be started by the lender at any time.
ASSUMPTION OFMORTGAGE -- You may or may not sell or transfer your home to a buyer or transferee who
will assume the mortgage detit, 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 ~IAY ALSO HAd'E THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN SIO~EY TO PAY OFF THE JIORTGAGE DEBT OR TO
BORROR' b40NEY FR0~4 ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEF AULT CURED BY A~"Y THIRD PARTY ACTI\G Oti POUR BEHALF.
TOHAVETHE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER;1'OU DO \OT H AVE THI5 RIGHT TO
CURE YOUR DEFAULT \40RE THAN THREE TI\4ES IN A\l' CALE\DAR YE?.R)
TO .ASSERT THE NONEXISTE\CE OF A DEFAULT Iv :~\Y FORECLOSCRE PROCEEDING OR
A.\~' OTHER LAWSi:IT I\STIT[;TED U\DER THE 1IORTGAGE DOCli~fENTS,
TO ASSERT A\1' OTHER DEFUSE YOt: BELIEVE YOC ~iA~' HAVE TO SL-CH :~CTIOV BY THE
LE\DER.
TO SEEK PROTECTION L\-DER THE FEDER-1L BA`TCRL-PTC~' L:~«'.
COVSUVdER CREDIT COUNSELING :1GE\CIES SERVP;G YOUR COUNTY I&EtiCLOSED
~~1~~~
PENNSY"LVANIA HOUSING FYNANCE AGENCY
HOtViEO~VNER'S EMERGENCY .aSSIST.~..VCE PROGRAyt
CONSCVIER CREDIT COCNSELING AGESCIES
(RE V. 8/OD)
CLINTON COUNTY
Lycommg-Clinton Counues Cammtsron for CCCS oF`+ortheaz[em ??.
Commum[y .Acnon!STEPI 163( Sauth A[herton S[.. Sune !GO
'_138 Lincoln Street P U Bo.e 1328 Stale College. PA Iti80I
W iiliamspaa. PA l??03 (8111'33-3fi63 =i:<~4111 _38-?bog
(570) ;26-0987 FAX I=70) 3?_-2195
CCCS of ticrthea9um PA
20t Bazm Street
Williamsport, PA 17703 -
1570) 333-b627 FAX (570) 323-66?b
GOLCb1BfA-COCtiTY
31 'N. Market Street I1ti0 -Abmeton E.eecuuve Park
-
POB I1?' Swte I
W ilkes-Bane, PA !3702 CLazks Summit PA 1811 L
(5.0)321-0837 or (300)92°-9537 {570)587-9163 or (300)9'_^_=?53-
FAX 1570) 321-I? 35 - FAa ; 570) 587-9131-9:,.
Commission on Eaonomms Opponumry oP Luzeme County
163 .-Untie: Lane
Wilkes-Barre. P.4 18702
(5'0)326-0510 or (3001321.0359
FAX (570) 329-16oi--{Call Before Farin,)
(570)455-1994 Hazeltown
FAX (570) 355Sb31-tiCall Before Faeing)
(570) 336-1090 Tunkhannock
C12AVVFORD COC'`iTY
Booker T. Wazhmg[on Center Greater Ene Communir. Acuen Commmee
1 T_0 Holland Center I3 Wes[ 9'" 5[reet
Ene, PA 16103 Ene. PA 1b501
(810 453-1734 F,aX (3111 5719 (8;3) 354-1581 FA.X (811)156-0;61
John F. Kennedy Center, Inc Shenango valley Crban League. Inc.
'_0'_ I East 20'" Strew ~ 60 t Indiana Avenue
Ene, PA t65t0 Fanell, PA Ib111
(311) 398-0300 (3L') 981 S3I0
f.-1-X 181-4) 898-I'_-l3
CUMBERLAND COC'tiTY
CCCS o[ Wes[em Pennsylvania [nc. - Financial Counseline Services of Franklin
1000 Lmglestown Road 31 'b'as[ 3i0 Street
Hanisbur~, P,4 1710? Waynesboro. PA 11268
1717)531-1757 (1;)76'_-3'_35 .
Urban League of ~tevopoliran Hanisburg YWCA of Cslisle
ti. 6'" Street - 301 'G" Street
Hanisburg, PA 17101 Carlisle. PA 17013 -
~
(717)233-5915 FAX 171 X1233-9459 (-17)_43-3813 FAX t?i71
?31-9939
Commum tv Action Comm of the Cap¢al Region .adams County Houvn_e Authonn
t513 Dem Street - li9-133 Carlisle St.
Hanisbur„ PA 17103 Getnsburg, PA 17325
(i 17)'_32-9?57 FAX 1711)_33 '_22" (71")331-1913 FA:<331-33=ti
PEStiSY'LVAy i:\ BULLETIti, VOL. 29. V0. _'3. SC'\'E 5. 19'19
> ..
~•=.=- ==:.~= GER_n~N pieta or na=:.a_ of la :d situat2 .~.. LO'JJ~ ll J
Cou.^. ;~,• ?eansylva:.: a, bounden, a;d described as falloc:s:
ecGINNING at a aOKnt which toint is na ..ron pia located from an existing rail_cad
spike or. the easterly line o! Lisburn Road (L.A. 210141; thence North 76 degrees 4D
xinutes 00 secarda _ast, 150.33 feat to sa'd i-^: pin• t.ance a'_cny the carter:'ae a0
a 20,00 foot unopened right-of-way between Lot`No. 1 on eaid plan and lards now~or
late of T. :~iller; theace Nort 76 degrees 00 minutes 00 seconds East, 113.00 fast to
an existing iron pin; thence along eaid line 22.00 feet to a point along the bask oP
the Yellow Breeches Creak; thence along eaid line 14.25 feet to a point in the bed oP
the Yellow sze®ehes creek; thence a'_anq the had of said Creek Scuth 17 degrees 40
.minutes 30 seconds East, 220.29 feet to a point vithia the bed of said creek; thence
along lands row or late o{ w,R. toady (aka Lot No. 3 or. eaid p_a:.) South 76 degraea oC
a,inntes 00 secorda west, 35,00 feet to a point along the basic of the Yellow Szeechas
Creak; thence along said line 24.00 feet to ar. iron pin; t.'.erce along sz'd '_ina 113.OC
_`eet to ar. iron pin the place of BEGINNING.
nEI4G let vo, on plan O: CCS,_'9 HHadow i~ aCCordanCe w;th a Hh79y by .,_._99_ v.
Walxer, P.~., dated March 5, 1981 and recorded 1n Plan Sook 7, ?age 4. -
N17ING T$E24N erected a dwelling ktowr, as 3529 Lisbu_-n Readr vecna:.icsb'`ry^^, Pa.
:oGETEER with the ~}qht to use a 20.00 foot wide road be. ;g existing gra-:el wh,ch is
10.00 feet either e'ide of the centerline of a line from the centerline of Lisburn Roar
Nc~ln 73 degrees 15 minutes 00 seconde West, 200,00 foal.
EEING FNOF+?+ AS 3529;Llsburn. '~~cad
TJ;,~ER and SL~JcCT to certa_^ restrictio^.s now of record•
yyYjyTG TF.S S.ME PREMISES whicY: Michael L~nrart.
By In~ent~re beari^g t'r.e tale day of A.D. 195 ant in~ead=_..
tc be forthwith recorded ~.^ the office for recordin? of Deeds, ..
ar... for the tour^.ty of C~~:r~;,._ -nd Cor.;~onwealt:: o: Fe^::sy'_.~.._a,
canted a^d cer.•~eyed L::to =a_d Me_tcacors, in fee.
,.
VERIFICATION
KRISTINE WII,SON hereby states that she is FORECLOSURE SPECIALIST of
GNIAC MORTGAGE 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 to the 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 unswom falsification to authorities.
G~+.t.(r.L-LwrZ. LtJ.~z.7yU
DATE: C~~ I ~~ /
-. ~,_ u _
FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD
SUITE 1400
PHILADELPHIA, PA 19103-1814
(2151 563-7000
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CNIL DNISION
GMAC MORTGAGE CORPORATION OF PA
500 ENTERPRISE ROAD SUITE 150,
HORSHAM, PA 19044
v.
Plaintiff
TERM
STACY L. MOTTER
MARK D. MORRISON
3529 LISBURN ROAD,
MECHANICSBURG, PA 17055-670
Defendant(s)
NO. OI -.~~ ~IU~L~_. - (.
CUMBERLAND COUNTY
CIVIL ACTION -LAW
COMPLAINT IN 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 Plaintif£ 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.
We hereb certip~thA CUMBERLAND COUNTY
y 'Y ~. CUMBERLAND COUNTY BAR ASSOCIATION
within to be a true and 2 LIBERTY AVENUE
G®rrect copy of the CARLISLE, PA 17013
°~rlggtnal filed of record (717) 249-3166
FEDERMAN AfVD PHElAW
~°~~E C®PY FROM FiE~®R®
tn'a eat"sn~oray whortof, I hers onto apt nby hand
alld the'Q/~,aoaf of saFd C~o at Garlis3e, Pa.
Loan #: 450194964 ~ h~$~bsL,! day ®f~
othonotary
IF THIS IS THE FIRST NOTICE THAT YOU HAVE
RECEIVED FROM THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF
THE DEBT OR ANY PORTION THEREOF. IF
DEFENDANT(S) DO SO IN WRITING WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
OBTAIN AND PROVIDE DEFENDANT(S) WITH
WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO
BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
SEND DEFENDANT(S) THE NAME AND ADDRESS
OF THE ORIGINAL CREDITOR; IF DIFFERENT
FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT
UNTIL THE END OF THE THIRTY (30) DAY
PERIOD FOLLOWING FIRST CONTACT WITH
YOU BEFORE SUING YOU TO COLLECT THIS
DEBT. EVEN THOUGH THE LAW PROVIDES
THAT YOUR ANSWER TO THIS COMPLAINT IS
TO BE FILED IN THIS ACTION WITHIN TWENTY
(20) DAYS, YOU MAY OBTAIN AN EXTENSION OF
THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A
JUDGMENT UNTIL THE EXPIRATION OF THIRTY
(30) DAYS AFTER YOU HAVE RECEIVED THIS
COMPLAINT. HOWEVER, IF YOU REQUEST
PROOF OF THE DEBT OR THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS
UPON YOUR RECEIPT OF THIS COMPLAINT,
THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR
OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY
FOR ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
~~.~
Plaintiff is
GMAC MORTGAGE CORPORATION OF PA
500 ENTERPRISE ROAD SUITE 150,
HORSHAM, PA 19044
2. The name(s) and last known address(es) of the Defendant(s) are:
STACY L. MOTTER
MARK D. MORRISON
3529 LISBURN ROAD,
MECHANICSBURG, PA 17055-670
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
On 8/7/95 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 608. .
4. The premises subject to said mortgage is described as attached.
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 5/1/Ol 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 thereor.
are collectible forthwith. A copy of such notice is attached as Exhibit "A."
6. The following amounts are due on the mortgage:
Principal Balance $57,044.35
Interest 1,864.94
4/1/01 through 9/1/01
(Per Diem $12.11)
Attorney's Fees 2,852.00
Cumulative Late Charges 108.70
8/7/95 to 9/1/01
Cost of Suit and Title Search 550.00
Subtotal $62,419.99
Escrow
Credit 0.00
Deficit 778.35
Subtotal $ 778.35
TOTAL $63,198.34
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 $50,000.00.
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
$63,198.34, together with interest from 9/1/01 at the rate of $12.11 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, ESQUIItE
Attorney for Plaintiff
Ftrst Mortgage loan Serviang
3451 Hammond Ave G2VjAC Mortgage
P.o. Eox Tao
Waterloo, IA 50704-0780 ® ~
Date: Suly 16, 2001
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOiJR HOME FROM
FORECLOSURE
This is an official notice thatthe mortgage on vonr home is in default, and the lender intends to foreclose.
Specific information abopt the nature of the default is provided in the attached paces.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to help to save vonr
home. This Notice explains how the program worla.
This Notice contains important legal information. If yon have any gpestions, representatives at the Consumer
Credit Counseling Agency may be able to help explain it. Yop may also want to contact an attorney in vonr
area. The local bar association may be able to help yon find a lawyer.
LA NOTIFICACION EN ADJ[Jh'TO ES DE SiJDIA IDIPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION IbL~IEDIATAbIENTE LLA~~fANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NiJ~fERO dIENCIONADO
ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTA~IO POR EL PROCRA~~IA LLA31AD0
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE
SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDI~HR SU HIPOTECA
HObIE0~~1'ER'S NASIE(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LE\DER/SERVICER:
MARK D. MORRISON
3529 LISBURN ROAD
MECAANICSBURG, PA 17055-6702
450194964
N/A
GMAC Mortqaqe Corporation
First Mortaaew Loan Servicinn ~ ~ • •~
3451 Hammond Ave
P.O. Box 780
Waterloo, IA 50704-0780
G11I~AC Mortgage
Date: July 16, 2001
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an otrcial notice that the mortQa2e on voar home is in default. and the lender intends to foreclose.
Specific information about the nature of the defanlt is provided in the attached images.
The HOMEOR'NER'S MORTGAGE ASSISTANCE PROGRAM (HE~iAP) maybe able to help to save vonr
home. This Notice explains how the nroQram works.
This Notice coptains important legal information. If you have any questions, representatives at the Conspmer
Credit Counseling Agency may be able to hetp explain it. Yon may also want to contact an attorney in your
area. The local bar association may be able to help yon trod a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUbIA IbIPORTAiNCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION I~ibIEDIATAbIENTE LLA~IANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FP' iANCE AGE~'CY) SLR' CARGOS AL NiTrIERO A1F.~~ICIONADO
ARRIBA. PUEDES SER ELEGHILE PARA UN PRESTA.~iO POR EL PROGRAbIA LLAbiADO
"HOAIEOR'NER'S EMERGENCY O10RTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE
SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDI3IIR SU HIPOTECA
HOMEO~~:YER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGL\AL LENDER:
CURRENT LENDERISERVICER:
STACY L. MOTTER
3529 LISHURN ROAD
MECHANICSBURG, PA 17055-6702
450194964
N/A
GMAC Mortgage Corporation
~~~8'~~
HO3[EOR:rER'S EMERGENCY MORTGAGE ASSISTANCE PROGRA3I
YOU 3IAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE R'HICH CA.N SAVE YOUR HO31E FROM
FORECLOSURE A:ND HELP YOU MAKE FUTURE 3IORTGACE PAY~[E~TS
IF YOU COMPLY R'ITH THE PROVISIONS OF THE HO3IEOR5ER'S E3IERCENCY 3ORTGAGE
ASSISTA.\CE ACT OF 1983 (THE "ACT"), YOU 3IAY BE ELIGIBLE FOR EMERGENCY 3ORTGAGE
ASSISTA.\CE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCU3ISTA.\CES
YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAY3IENTS, AND
IF YOU 31EET OTHER ELIGIBII,ITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSLNG FINANCE AGENCY.
TE3H'ORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosrue
on your mortgage for thirty (30) days from the date of this Notice. Thning that time you nnrst arrange and attend a
"face-to-face" meeting with one of the constmter credit cormselin¢ agencies listed at the end of this Notice. THIS
CONSU3IER CREDIT COUNSELPi tG AGE~~TCIES -- If you meet with one of the consruner credit cormseling
agencies listed at the end of this notice, the lender may NOT take action against yore for thirty (30) days after the date
of this meeting.The names, addresses and telephone munbers of designated consumer credit cormseling agencies for
the cormty in which the nroperiv is located ate set forth at the end of this Nofice. It is only necessary to schediile one
yore
APPLICATION FOR 31ORTGAGE ASSISTANCE -- Yorrr mortgage is in default for the reasons set forth later
in this Notice (see following pages for specific information about the nahue of yoru defazrlt.) If you have tried and
are rmable 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 consruner credit cormseling
agencies listed at the end of this Notice. Only consruner credit cormseling agencies have applications for the
program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency.
Yorrr application 3IliST be filed or postmarked within thirty (30) days of you face-to-face meeting.
YOU 31UST FILE YOUR APPLICATION PROMPTLY. IF YOU FAH. TO DO SO OR IF YOU DO NOT
FOLLOR' THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE 3IAY
PROCEED AGAINST YOUR HOME IM3IEDIATELY AND YOUR APPLICATION FOR SORTGAGE
ASSISTANCE RTLL BE DES-IED.
AGENCY ACTION --:available fimds foremergency mortgage assistance are very limited. They will be disbursed
by the agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has
sixty (60) days to make a decision after it receives your application. Daring that time, no foreclosrue proceedings
will be pursued against you if you have met the time requirements set forth above. You ~~ill be notified directly by
the Pennsylvania Horising Finance Agency of its decision on yoru application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FH,ING OF A PETITION IN BANKRUPTCY,
THE FOLLOR'ING PART OF THIS NOTICE IS FOR INFOR3fATION PURPOSES ONZY A.\D
SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankraptcy yon can sh71 apply for Emergency Mortgage Assistance.)
HOR' TO CURE YOUR JORTGAGE DEF ~1ULT Brine it ap to date)
NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender is on your property located at:
3529 LISBURN ROAD MECHANICSBURG, PA 17055-6702 IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT ~1ADE ~{OIv I'HLl' MORTGAGE PAY~IEVTS for the following months and the
following amounts are now past due: May 1, 2001 through July 1, 2001. See
attached Exhibit for payment breakdown.
Monthly Payments 1, 8 5 0. 5 8
Late Charges 65.22
NSF 0.00
Inspections 0.0 0
Other 9 7 . 3 9
Suspense 0 . U 0
TOTAL AMOUNT PAST DUE:
2,013.19
B. YOU HAVE FAILED TO T.~1KE THE FOLLOR'I\G ACTION (Do not use ifnot applicable):
HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this
notice BY PAYING THE TOTAL A.~[OUNT PAST DUE TO THE LENDER, R'HICH IS
$ 2 , 013.19 ,PLUS A:NY ~10RTGAGE PAYiv'fENTS AND LATE CHARGES R'HICH BECOJ'IE
DUE DURING THE THIRTI' (30) DAY PERIOD. Payments must be made either by cash, cashier's check.
certified check or money order made payable and sent to:
Payment Processing
GMAC Mortgage Corporation
PO Box 780
Waterloo, IA 50704-0780
You can cure any other default by taking the following action within THIRTI' (30) DAYS of the date of this letter:
(Do not use if not applicable.) Not Applicable
IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTI' (30) DAYS of the dare
of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire
outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the
mortgage in monthly installments. If fill payment of the total amount past due is not made within THIRTI' (30)
DAYS, the lender also intends to insmtct its attorneys to start legal action to foreclose aeon your mortgaged
ro e
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off
the mortgage debt. If the lender refers yottr case to its attomeys, but you cttre the delinquency before the lender
begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were
achrally inctrred, up to 550.00. However, if legal proceedmgs are started against against you, you ~~ill have to pay all
reasonable attomeys fees achtally incurred by the lender even if they exceed 550.00. Any attomeys fees will be
added to the amount you owe the lender, which may also include other reasonable costs.
If von cure the default within the THIRTY (30) DAYS period you wr71 not be required to pay attorney's fees.
OTHER LErDERREMEDIES -- The lender may also sue you personally for the unpaid principal balance and all
other sums due trader the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within
the THIRTY (301 DAl' period and foreclosttre oroceedines have hemm_ vrnt still have the rioter rn ~,,.P rt,e defa,dr
anv outer requirements trader the morteaee. Caring your defanlt in the manner set
restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale
of the mortgaged property could be held would be approximately six (6) months from the date of this notice. A
notice of the achral date of the Sheriffs Sale will be sent to you before the sale. Of cotuse, the amotmt needed to
atre 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.
HOR' TO CONTACT THE LENDER:
Name of Lender: GMAC Mortgage Corporation
Address: 3451 Hammond Avenue
Waterloo IA 50702
Phone Number: (800} 850-4622
Fax Number: (319} 236-7437
Contact Person: Collection Department
EFFECT OF SHERIFF'S SALE --You should realize that a Sheriffs Sale tell end yottr ownership of the
mortgaged property and yortr right to occupy it. If you contimre to live in the property after the Sheriffs Sale, a
lawsuit to remove you and yortr fitmishings and other belongings could be started by the lender at any time.
ASSiTi<iPTION OF iVIORTGAGE --Yon may or may not sell or transfer yottr home to a buyer or transferee who
will assttme 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 J1AY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAl' OFF THE MORTGAGE DEBT OR TO
BORROW b[ONEY FR011:4NOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE bIORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT H AD
OCCURRED, IF 1'OC CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TRIES IN AN`1' CALENDAR YEAR.)
TO ASSERT THE NONEYISTENCE OF A DEFAULT IN AN1' FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED U~-DER THE MORTGAGE DOCU~4E~"fS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOL' ~IAY HAVE TO StiCH ACTION BT THE
LENDER.
TO SEEK PROTECTION UNDER THE FEDER~IL BANKRUPTCY LAR'.
COrSUrIER CREDIT COUNSELING AGENCIES SERVI\G YOUR COUNTY IS ENCLOSED
~'+~~~~
PENNSYLVANIA HOUSING FINANCE AGENCY
HObIEOWNER'S EMERGENCY ASSISTANCE PROGRAV[
CONSUMER CREDIT COUNSELING AGENCIES
(RE V. 8100)
CLINTON COUNTY
Lycommg-Clinton Counnes Commruon for CCCS ofNortheastem PA
Commumry Action (STEP) 1631 South Atherton St, Suite 100
'_li8 Lmmin Sveet P O. Bos 1323 Staze College. P.4 Iti801
Williamsport, PA 17703 (8111.33-1668 F.4X!314).38-:609
(570) 326-9587 FAX t>70) 322-2197
CCCS of Northeastern PA
201 Basin Street
Williamsport, P.4 17703
(570) 323-6627 FA)C (570)323-6626
COLUMBIA COh'`7l-Y
3l W. Market Sveet 1400 Abington Executive Park
POB 1127 Suite I
Wilkes-Bane, PA 1870? Clarks SummiC PA 131! I
(5"0)321-0837 or (300)92?-9531 (570)587-9163 or (3001922-953
FAX 1570) SZ l • t 785 E4X r"7O) 537-9134-9 G S
Commission on Economics Opportunity of Luzeme County
163 .Amber Lane
Wilkes-Barre, PA 18702
(570)326-US LO or 1800)32'-0359
F.4.X (570) 329-1665-(Call Before Faring)
(570) 455-3994 Hazeltown
F.4X (570) 455-563I~Call Before Fa<ing)
(570)836-4090 Tunkhannock
Booker T. Washington Center Grearer Erie Community Action Committee
l 720 Holland Center 1 S Wtst 9'" Street
Ene, PA 16503 Erie, PA 16501
(S I4) 453-5744 FAX (814) 5749 (8l4) 459-3581 FA7i (311) 456-0161
John F. Kennedy Cener. Inc. Shenango Valley Urban League, Inc
2021 East 20'" Street 601 Indiana Avenue
Ene, PA 16510 Farrell, PA 161'_ 1
(314) 398-0400 (41'_)981-5310
F.4}C (8l4) 398-1213
CUVIBERLaYD COCNTY
CCCS of Western Pennsylvania, Inc. Finanaal CounsYling Szrv¢es of Franklin
'_000 Lingtestown Road 31 West 3i° Sveet
Harrisburg, P.4 1710? W'ayinesbora, PA (7268
(7i7) 541-1757 (717)762-3235
Urban League of Mevopolitan Harrisburg YWCA of Carlisle
N. 6'" Sveet 301 'G" SVee[
Harrisburg. PA f 7101 Carlisle, PA 17013
(717) 234-5925 F.a.X (7I 71 234-9459 ('17)'_43-3818 FAX l7! 7) 73t-?539
Community Action Comm of tht Capital Region Adams County Housm_e Authority
U (4 Derrv Sveet 139-143 Carlisle St.
Harrisburg, PA 17104 Gzm~sburg, PA 17325
(717) _'32-9757 FAX 1717) 234-"37 (71 i) 334-U 13 FA.`C 334-83'_6
PEV~N'SY'LVANLa BULLETIN. VOL. 29, NO. 23. JCNE 5, 1999
~:~~~u~
s„ A
a-r T3.1T CrRTnIN pieta or parcel o_° land situate in Lowor Allen :Dune'.^.in, Cl:.~url a:.d
Couaty,• PenT:sylvar~a, bounded and descxibed as follows:
ecGINNING at a po5 nt which point is na _ron pi.. located from an existirq ra .lrcad
anike on the easterly line of Lisburn Road (L.C. 21014); thence North 76 degrees 00
xinutes 00 seconds East 150.33 feet t0 aa:d _ron pi :; the: ca along tre center__nz o~
a 20.00 foot unopened right-of-tray between Lot No. 1 on said play and la: d9 now or
late of T, aaler; thence North 76 degrees 0o minutes 00 seconds East, 113.00 feet to
an existing iron pin; thence along said line 22.00 feet to;a point along the bac:c of
the Yellow Breeches Creek; thence along Bald line 14.25 feet to a point in the bed oP
the Yellow Breeches Creek; thence a'_onq the bad of said creek Scuth 17 degrees 40
minutes 30 seconds East, Z2o.29 feet to a point within the bed of said Creek; thence
along lands row or late of w.3. toady (aka Lot No. 3 on said plan) South 76 degrees o0
minutes 00 seconds west, 35,00 feet to a point along the bank of the Yellew Breeches
Creek; thence along said line Z4.oo feet to an iron pin; thence along said lira 113.oC
Peet to an iron pin the place of BEGINNING.
33ING lot Ne. oa plan of Comp's N.eadow i= accordance with a si;=~e_J Sy L_-_e= S,
Walker, P.E., dated March 5, 1981 and racoxded in Plan Book 7, Yage 4.
+f.,A'JING T:iER:oN erected a dwelling kaovr. as 3529 Lisbu~-n itoad, :?echaaicsburg, Pa.
TOG_TEER w±th the ~}ght to use a 20.00 foot vide road being exiting gravel which i3
10.00 feet either side of the centerline of a line from the centerline of Lisburn Road
North 73 degrees 15 minutes 00 seco,^.ds west, 200.00 feet.
5EING :ZNOW^+ AS 352:9,~L1sbiT`rii _ toad
U?~~ER and SL'3JECT to certai^: restrictions now of record.
5_ING THE SAME PREMISES which Michael Lln~err. ,"
By Indenture bearing the date day of A.D. 1995 and intenced
to be forthwith recorded in the office for recording-of De=_ds, :..
a::d for the county of Ct:mherl.^d Commonwealth of Pe^nsy~•Ja-:_a
Brasted a:.d CC)nVBVed unto sa:~ Mo_tgagors, in fee.
~ .~ iw
VERIFICATION
KRISTINE WILSON hereby states that she is FORECLOSURE SPECIALIST of
GiViAC MORTGAGE 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 to the 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: ~~/~7~~ ~
~ t• ~
~11
~~~~~I
ty ~ A
°~~"
r '~' ~ ~~' ~ ~Z d~
~~~`~'H„