Loading...
HomeMy WebLinkAbout01-7131 FX ,"""""I!"""-~-" -~ - . I ~~ q"" '.:i"'-'i",,{\i1--, FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHlLADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff v. NO.OI- 7/"6/ Q:lu~l'-r~ CUMBERLAND COUNTY CINDY DUNBAR-H1NKl.E 101 ADAMS ROAD CARLISLE, PA 17013 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "TillS FIRM IS A ))EBT 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, TillS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ,. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or properly or other rights important to you. YOU SHOULD TAKE THlS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (71 7) 249-3166 Loan #: 306073626 1il "WiiP"'lij" --.--->-=-' ---;,;;.Oic_....-... . - . - '," ,~L ,.'" "lJU-..>k~", IF TillS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TillS 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. ~ M~'. ..~~ "',' ,J i.~ .il~"~Is!.ll" '.-~~"!<~.0~_ 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM,PA 19044 2. The name(s) and last known address(es) of the Defendant(s) are: CINDY DUNBAR-HINKLE 101 ADAMS ROAD CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 6/12/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to REGAL SAVINGS BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1461, Page 534. By Assignment of Mortgage recorded 5/26/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 614, Page 24. 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 8/1/01 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. !J'j J:I~ - ". ~l - ~,-" 6. The following amounts are due on the mortgage: Principal Balance Interest 7/1/01 through 12/1/01 (per Diem $14.56) Attorney's Fees Cumulative Late Charges 6/12/98 to 12/1/01 Cost of Suit and Title Search Subtotal $68,595.84 2,242.24 1,225.00 78.12 550.00 $72,691.20 Escrow Credit Deficit Subtotal 0.00 65.53 $ 65.53 TOTAL $72,756.73 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. 91680A03c. 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 Plaintiffs written Notice to Defendants; 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 $72,756.73, together with interest from 12/1/01 at the rate of $14.56 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. ~~an FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ,i; ~ <e__,-_' ,,\> lfl13'u Ph jfJ'Q q ,~~\ PROFESS10N/\LP,85TRACT & ASSURANCE:QIiiM" .'I,";I.(:r. 4600 s-TREETJ~IDc::r I)f- Jf.!":()S TREVOSE,'PA' :1SQS3iD CCU:1TY - P.\ . , '98 JUl. ] 13 Rr1lO 56 WHEN RECORDED MAIL TO: REGAL SAVINGS BANK, F.S.B. 10123 REISTERSTOWN ROAD OWINGS MILLS, MARYLAND 21117 Loan No. OO~4303 {Space Abuve ~is Line Fur Recording DaLaJ MORTGAGE THIS MORTGAGE ("Security Instrumenl~) is given on JUNE .12~ 1998 The mortg.agor is CINDY DUNBAR HINKLE 1--\303 ("Borrower"). This Security rnstmrnent LS g~ven to REGAL SAVINGS BANK, F.S.B. which is organized and existing under the laws of MARYLAND . and whose address is 10123 REISTERSTOWN ROAD OWINGS MILLS, MARYLAND 21117 ("f.endl:T~). Borrower owes: Lender me principal sum of SEVENTY ONE THOUSAND AND OO/lOO******~*** Dollars (U.S. $ 71,000.00 ). This debt is evi~nced by Borrower's note dated the same date as this Security Instrument ("MOle"), whicb provides for monthly payments, with the filU debt, irnot paid earHer, due and payable on JULY 11 2028 . ThiSi Security rnstrument sc<:ure! to tender: (a) the repayment of the deaf evidenced by the Note. with ioteres{. and all renewals, eXlensiml$ and modifications of the Nore; (0) the p-ayment of all olher $Ums. with interest, advanced under paragroph 7 10 proIecJ the securiry of Ihis Set:uriry Instrument; and (c) the performance of Borrower's covenants ~d agreements under this Security Instrument and the Note. For this putpose. Borrower does hereby mortgage, graot and convey to Lender the following described propertY located in CUMBERLAND CoUnty, Pennsylvania: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF ASEXRIBIT /TAli, 'I which has the address of 10 1 ADAMS ROAD, CARL I S'LE rs-,r {ClIYJ Pe:1Osylvania 17013 [ZIp Code} ("Property Address"); TOGETHER wrTH aU the improvements now or hereafter erected on the property, and ail easements. appurtenances. and fixtures now or hereafter a part of the property. All replacements and addicioas sbaH also be covered by this Security tr..uro.menr. All of the foregoing is referred !O in mis Security Instrument as the "Property." PENNsYLVM'J!'A-$inlIe FamNy.F}(MAlfHlMC tlNI:rURM' {N~rRlfMENT ~ Stwn><. /"". (kIl) ~"'IJ62 PII!:!: i of 6- _ Form J039 t}f9(I-- Bou~i461rAGt .534 17. ,~: eJ:> , .. B!)RROWER CO'VE.).{AN'tS \n.at Borrower is lawfully seised of the estate hereby conveyed and has the right to . mort&;age, &rnnt and convey the Property and that the Property Is unencumbered, except for encumbrances of record. Borrower warrants and wHl defend genera/ly the title to the Property a.g-ainsc all claims and demands. subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform coVenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform secUIilY insuurnent covering real property. UNCFORM COYE:-fANTS. Borrower and Lender covenant and agree as (allows: 1. Payment of Principal ~ Interest; Prepayment and Late Charges. Borrower shan promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and 1nsu.rance, Subject to applicable law or to a written waiver by Lender. Borrower shall pay [0 Lender on the day monthly payments are due under the Note, until tht: Note is paid in full. a sum ("Funlh") for: (a) yearly taxes and assessments which may attain pdortty over this Security lmtrument as a lien on the Property; (b) yearly leasehold payments or grou;J.d rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly m6rtgage insurance premiums, if any; and (f) any SUtnll payable by Borrower to Lender, in accordance with the provisions of paragmph 8, in lieu of the payment of morq~age insurance premiums. These items are called "Escrow -items,~ Lender may, at any time, eolJect and bold Funds in an amount not to excc':ed the maxi."1lwn amount a lC'ndt:r for a federally related morts-oge loan may require for Borrower's escrow account under the federal Real Estate Set~letTll:nt Procedures Act of 1974 as amended !'rom time 10 time, 12 U.S.C. ~ 2601 et seq. ("RESPA "), unless another law that applies to the Funds sets a lesser amount, If so, Lender JmY, at any time, collect and' hold Funds in an amount not to exceed the lesser amount. Lender m3.y estimate the amount of Funds due on the basis of current dat-a and reasonable estimates of expenditures of future Escrow Items Dr otherwise in accordance with applicable IDw. The Funds shall be held in an institution whose deposits at;: insured by a federal agency, instrumentality, or entity (includin: Lender, if Lender is such an iosrirution) or in :my Federal Harne Lean Bank. Lender sllaJl apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unkss Lender pays Borrower incerest on the Funds and applicable law permits Lender to malte such a charge. However, Lender may require Borrower to pay a one~tIme charge ror an independent real estate taX reporting, service used by Lendt:r in connection with (his loan, unless applicable law provides otherwise, UnIess an agreement is made or applicable law requires interest to be paid, Lender shall not be required 10 pay Borrower any interest or earnings on the runas. BOlTOwer and Lender may agree in writing, however, that interest shall be paid on the Punds. lender shall give to Bm;Tower, without charge, an annual accounting of the Funds. showing credits and debits to the Funds and the purpose for which each debit to [he Funds was made. The Funds are pledged as additional security for all sums secured bY this sec-urity Instrument. If the Funds held by Lender exceed the amQunts permitted to be held by applicable law, Lender shalt .account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender ac any time is not suffici.elll to pay the Escrow Items when due, Lender may so norify Borrower in writing, and. in such case Borrower shall pay to Lender the amount necessary to make up tbe deficiency. Borrower shall make up the deficiency in 00 more thao twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If. under paragraph 21, Lender sl!a11 acquire or sell the Property, Lender, prior to the acquisition OT sale of the Property, shall .apply any Funds hdd by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable Jaw provideS olherwise, all ptynlCnlS received by Lender under paragraphs I and 2 shall be applied: first, to any prepayment charies due under the Note; second, to amounts payable under paragrtlph 2; third, to. interest due; fourth, to principal due; and last, to any late charges due under the Note, 4. Charges; Liens. Borrower shall pay alllaxes, assessments, charges, fines and impositions attribl.ltab!e to the Property which may attain priority over this SeeurilY Instrument, and'-f1easehold payments or iround rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2. Or if not paid in that manner, Borrower shalt pay them on time directly to the person owed paymenL Borrower shall promplly furnis.h to Len<1er all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lie.'1 which has priority over Ihis Security Instrument unless Borrower: (a) agrees in wriring to the payment of the obligation _ secured by the lien in a manner acct=ptable to Lender; (b) contests in good faith the lien by,or defends against enforcement or the lien in, legal proceedings which in the Lender's opinioo operate to prevent the enforcement of the lien; OT (c) secures from the bolder of the tien an agreement satisfactory (0 Lender subordinating the lien to lhis Security Instrument. If Lender determines; that any part of the Property is subject to a Hen which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shalf satisfY (he lien or take one or mare -o(thc actions set forth above wi:thin 10 days of the giving of notice, _ 5. Hazard or Property!n$urance. Borrower shaH keep the improvements now existing or hereafter erected on the Property insured against loss by fire. hazards included wiLhin the term "exlended coverage" and any other hazards. inCluding floods or flooding., for which Lender requires insurilbce-. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance earrier providing the insurance shaH be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails 10 maintain coverage described above, Lender may, at Lender's optIon, obtain coverage to protect Lender's riilJts in the Property in accordance with paragraph 1. An insura.'1ce policies and renewals shall be acceptabll: to Lender and shall include a standarc1 mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal nolkes. In the event of loss., Borrower shall give prompt notice to the insll,rance carrier and Lender, Lender may make proof of loss if not made promptly by Borrower. PBNNSYtVANLA..$ma/e Family-FNM"/FHIMC UNIFORM INSTRUMltNT ~ s~......, I..., (W)l "'''1:11;1 Page 2 or 1$ Form 3&39 9100 -.;,- Bood461,AGF. .535 r-, ';'.-, ('-'~I -, ~:_l Unless Lender and narrower otherwise .agree in wr~ting, inSllr.anre pro~s shall be .:Jppljed to resroration or . repair 'of the Propcny damaged, If the restoration or repair is economlcaHy feasible and Lender's security is not lessened. If the restoration or repair is nor economically feasible or Lellder's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security )nscrumenl. whether or not then due, -wjth any excess paid to Borrower. IfBorrowcr abandons [he Property, or does .om answer within 30 days a notice from llider that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this $ecurilY Instrument, whether or not then due. The JO-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal sb.a!l not extend or postpone the due d:lte of the monthly payments referred LO in paragraphs 1 and 2 or change the mnount of the payments. If under paragraph 21 the Property is :lcquJred by Lender, Borrower's :i&ht to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pas; to Lender to the extent of the sums secured hy Ibis SecurilY l.ostrumenl immediately prior 10 the acquisiljao, 6. Occupancy, PreservaUou. Mainten3nCe and Protc:ctiou of the Property; Borrower's loan Applicuion; Leaseholds. Borrower shaH occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument :lI1d shall continue to occupy the Propeny as Borrower's principal residence for at least one year after the date of Qccupancy, uniess Lender otherwise agrees in writing, which consent .shall not be unreasonably withheld, or unlen ex:tenuating circumstances exist which are beyond Borrower's controt. Borrower shall not destroy, damage or impair the Property, allow t.ie Property to deteriorate, or commlt waste on the Property. Borwwer shall be in default if any forfeiture action'. or proceeding, whether civil Of criminal, is begun that in Lender's good faith judgrtrent could result in forfeiture of the Property or OUlefWise materially impair ~ lien created by this Security ~nstrument or Lender's security inter~t. BOrTower may cure such a default and. reinstate, a9 provided in paragraph 18, by causing the action or proceedir.: t(l be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan applicarion process, gave nt3rerial1y false or inaccurate :nrarm:ztiaa or statements to' under (or failed to provide Lender with any material information) in conoection with lhe loan evidenced by the Note, including, but not limited 10, representations concerning Borrower's occupancy of the Ptoperty as a principaI residence, rr this Security Inslrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Bonower acquire$: fee title' to the Property, the lensehold and the fee title shall not merge unless Lender airees. to the merger in writing. 7. Prolection of Lender's Rights in Ille Property. If Borrower fails to perfonn {he COvenaDls and agreeJ!".ents contamed in this Security Instrument, or there is a legal proceedini thnt may significantly affect Lender'$ rights in the Property (such as a proceediog in bankruptcy, probare. (or condemnation Or forfeirure or to enforce: Jaws or regulations), then Lender may do and pay for whatever is necessary to protect the value or the Property and under's rightS in the Property. Lender's actions may include paying any sums $C(.'Ured by Ii lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs, Although Lender may take action under this paragraph 7, Lender does not bave to do so. Any amounlS disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument Unless Borrower and Lender agree to other rei1ZiS of payment, these amounts shall be4r interest from the date of disbursement at the Note rate and s11311 he payable, wich interest, upon notice from Lender to Borrower requesting payment. ' 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured. by this Security Instrument. Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Under lapses or ceases 10 be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost subscantially equivalent to the cost (0 Borrower of the mortgage insurance previously in effect, frorn an alternate mortgage insurer approved by Leader. If subst~tilllly e~ivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to ane-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage !:lpsed or ceased to be in effect. Lender will accept. use and retain these payments as a loss reserve in Hel.l of mortgage insurance. Loss reserve payments may no longer be required, at the opcioo of Lender, if mortgsl:e illsurance coverage (in the amoua~ and for Ute period chat under requires) provided by an insurer approved by Lender again tJ:ecomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance fn effect, or to prov[de a loss reserve, until the requuement ror mangage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law, 9. Inspection, Lender Or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of .:my a.ward or daim [or damages, direct or consequential, ia connect;on willi any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assLr;ned and shaH be paid to L.cnder. In the event of a total taking of the Property. tlIe proceeds shair be applied to the sums secured by this Security lnstrument, whether or not then due, with any excess paid to BOrrower. In the event ora partial taking of the Property m which the fair mar.ket value of me- Propeny immediately before Ihe ~ing is equal to or greater [ban the amount of the sums secured by this Security Instrument immediately _before_ the taki!li, unless_ Borrower and Lender otherwise agree ill writing, the sums secured by cb.i.s Securiry Inscrumenc shall be reduced b-y che amoimr or-rhe ptoceeds multiplied by the fonawing fraction: (a) the total amount of the sums securt:d immediately before the tiling, divided by (b) the fair market value of the: Property immediately before th~ taking. Any balance shall be paid to Borrower. In the event of a partial laking of the Propeny in whicb the fair tnal'ket value of lhe Property immediately before the taking is less than the :unount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agrte in writing or unless applicable law otherwise provides, lhe proceed.s shall be applied to the SlJrm secured by this Security lnstrorr.ent whether or not the sums are then due. If the Property is abandoned by B~rrower. or if. after notice by Lender CO Borrower tltac the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the PENNSYLVAN1A.SingJe r.:zmrry~l='NMAJFHLMC UNU"VRM lNSTlWM1:NT _ ~,r..:.(IIOl;J\,"ll-IJ.61 ~a&c3()r6 FOrm -'0'39"9190 Bood461PAC" 536 f>~) .~ ':~':'..---- ,:~,I noqa .is.given, Lendtr is authorized to collect.and apply the proceeds, at its aprian, dtha 10 restor:atjon or rtpair of Llze Property or 10 lhe sums secured by this Security Instrument, -wnemer or nor then due. UnleSS Leade. and Borrower otherwise agree in writing, any'applicatioo of proceeds IO principal shall 1I0t ex/end or poStpone the due dare of the it11"lflthly payments referred (0 in paragr3phs 1 and 2 or change the amount or such payments. 11. Borrower Not Released; rori>car.lnce By tender Not a Waiver. Extension of che (ime for payment or modification of amortization of the sums secured. by this SecurilY Instrument g.ranted by Lender to any successor in interest of Borrower shall not operate Ie release the liability or the original Borrower or Borrower's successors in interest. Lender shall not be required to commence: proceedings' against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums' secured by this Security Instrument by tea$on of any deOJ.md made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in ex.ercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; low and Several UabiIity; Co-slgners. The covenants <md agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's COveD<lnts and agreements shan be joint and. several, AIJ.y Borrower wbo co-signs this Security Instrument but does not execute the Note: (ll) is co.signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the P'ropeny under the limns of this &curity fnstrument; (b) is not personally Obligated to pay the sums secured by this Security Insuument~ and tc} agrees that Lender and any other Borrower may agree to extend, modify, forbear or make :.my ac~U11TIoda~ions with regard to the terms of this Security Instrument or the Note: without that Borrower's consent. 13. Loan ChMges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that taw is finally interpreted so that the interest or other loan charg.es collected or to be collected in connecrion with the: loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which ~ed permitted limits will be refunded to Borrower, Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated .as a p.ar1ial prepayment without any prepayment charge under the note. 14. Notices. Any notiu 10 Borrower provided for jn this Security JnstrumeIll shall be given by delivering it or by mailing ,it by tirst class tmlil unless applicable Jaw requires use of anOlhe.r method. The Dotice shall be directed to Ihe Property Address or any other addreu Borrowe.r des.ig:oales by notice to under. An)' notice to UndCT shall be given by first <:lass mail 10 Lender's 3l:!dr:;:S$ stated herein or any other a-ddress Unrler dtsigJUlIes by notice to BDrr-Owtt. Any notice provided for in chis Securicy iustrument shall be deemed co have been given to Borrower or Lender when given as provided in this paragraph. 15. Govemi:llt Law; Seventbility. This Security Instrument shall be governed by federal law and the law o( the jurisdiction ic which the Properry is located. In the event that any proviSion or clause of chis Security Instrument or the Note conflicts with applicable law. such confllct shall not affect other provisions of this Security Instrument o-r the Note which can be given effect without the conflicting provillolJ. To L.'1is end the provisions of this Security Instrument and the Note are deciared to be severable. 16. Borrower's Copy. Borrower shalt be given. one conronned copy of the Note and of this Security Inst1\lment, 17. TtaIlSfe:r of the Property or a Beneficial Interest in 'BonoWet. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or tranSferred. and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of aU sums secured by this Security Instrument. However. this option shaH not be exercised by Lender if elterclse is prohibited by fe.d~al law as of the date of this Scc:nity Instrument. If Lender exerdses this option, Lender shall give Borrower notice of acccleration. The notice shall provide a paiad of not less than 30 days from the dace the noelce is delivered or mailed withill which BorroweT must pay all sums secured by wis Security Instrument. If Borrawcr fa.ils'to pay these sums prior ro the expiration €If Ibis period. Lender may invoke any remedies permitted: by this Secl.l:rity Instrument WfdtoU! {lIrdter llotice or d<:man4 on Borrower. L8. Borrower's Right to Rcinstaf:e. If Borrower' meets certain conditions. Borrower shall have che right co have enforcement of this Security fnstrument discontinued at any lime prior to the earlier of: (a) 5' days (or :Neb other period as applicable law may specify for reinstatement) btfore sale of the Property pursuant tl) any power of sale contained in tbis Security Instrument; or (b) ent!)' ora judgment enfort:ing this. Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrumeot and the Note as if no acceleration had occurred; (b) cures: any default of any other covenants or agteement!~ (c) pays all expenses inc:urred in enforcing this Security InstrtJrnetlt, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure: that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue: unchanged. Upon reinsratement by Borrower, this Security Instrument and the obligations secured hereby shall remain ruUy effective as jf lID 3cceletalion had Dccurred. Howev~, tltis righl to rdnsltlle shall nor .1Vply in the case of acceler.uion under paragraph 17. 19, Sale of Nate; Change at Lo;m SelYic:cr. The Nole or a panilLl inter~ III we Nate {together witti this Security 1m/rumen!) m3y be sold one or mare tiIl"lCS without prior notice to Borrower. A sale may result in II: change ill the: enticy (known as che "Loan Scrvicer") that .:::ollcc!s' monthly payments due under the Note: and chis Security IflStruffient. There also may be one or more changes of the Loan Servlcer unrelated to a we of the Note. If there is a change of me Loan Servicet', Borrower will be given wrLt(en notice of the change in 3.Ct;:ordance with paragraph 14 above and applicable law. The notice will state the name and address of the new loan Servicer and the address to which payments should be: made. The nC)t~ce will also contain any other infonnaHon required by appTic.abte law. 20. Hazardous SubstanceS. llorrower :::hall not cause or permft the presence, use, disposal, storag.e, or release of any Hazardous Sub$lances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in vtollltion of any Cnvironmenta{ Law. The preceding two sentences shall not apply to the presence, use, or storaJ:,e on the Propeny of small quant[Hes of Hazardous Substances that are generally recognized to be appropria.te to normal residential uses and to maimenaoce of the Property. PENNSYLV ANlA-Slsl:te 'FamUy-'FNMAlFHLMC UNIFOro.t lNSTttUMENT Oc.;_ 5-. 1..._ i~ ~9<1~1 Pilge 4 of 6 Form 30099100 Boo!1461rAcf, 537 '---~---- r '. l-. :j ....~.: (j B~rrowet s'na'l.\ -pTOU\,?\\'j %,i.ve Lender written notice of any inve:uiglltion. claim, demand. tawsuit or other action -by aI'ly governmental or regulatory agency or private party in....olvi.ng, the 'Property and any Hazardous Substance or Environmental Law of wbich Borrower has actuaJ knowledg.e. If Borrower learns. or is notified by any governmental or r~u!atoty authoricy. chac any removal or other remediation of any Hazardous Subsla.nce affecting the Property is neceuary, Borrower shall promptly (ake all ooce-uary reme<liaI Jl.ctions in accordance with Environmental Law. As used in this paragraph 20, ~Hazardous SubstanceS''' are those substances defined as CGJdc or bazardous substances by Environmental Law:md the fenewmg substances: gasoline, kc:rosene, other flammable or tox.lc ~trolellm products. !oxic pesticides and herbicides, volatile solvents. materials containing asbestos or formaldehyde. and radioactive materiais-. As used in this para.grapfi 20, "Environmental Law~ mnm federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental procectlon. NON.UNIFORM COVENANTS. Bonower and Lender further covenant and agree as follows: 21. Acceler.ttion: Remedies. wder shall give notice to Borrower prior to acceleration rollowing Borrower's breach of any covenant or agreement in thi$ Sccuril)' Instrument (but not prior to l1cceler:ation under paragraph 11 unless appllcable law ?rovides. othetwise), lender shall nocify Borrower of, among other things: (a) rhe default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums Sec1lred by this Security Instrument, foreclosure by judicial proceeding ana sale of Ule Property. Lender shaH filrther inform Borrower ofthc righc (0 reinstate after acceleration and the right to assert in the foreclosure proceeding the non.existence of a default or II1\Y other defense of Borro.....-er (0 acceleration and foreclosure. If the defaull is not cured as specified, Lender at its option may require immediate payment in full of aU sums secum:! by this Security Instrument without further demand and may foreclose this Set:urity Instrument by judicial proceedinf:;:, Lender mall be entitled to collect all c:tpcnses illCllrred in pursuing: the remedies provided in this paragraph 21, i.ncluding, but not Tlmited to, attorneys' fees- and coses of ciele evidence to the extent permitted by applicable law, 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void, After sucll occurrence, Lender shall discharg.e and satisfy this Security Instrument to Barrower. Borrower shall pay anYT~cordlHion costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid ta a third party (or servIces rendered and the charging of the fee is permHted under applicable law. 23. Waivers, Borrower, to the extent permitted by applicable law. waives and releases any error or defects in proceedings: to enforce this Security I:l'.slrumenI, and hereby waives the benefit of any present or future laws providing for stay of execution. extensIon of time, exemprlon from auach.ment. levy and sale. and bomestead exemption. 24. Reinsl31el:I:lent Period. Borrower's tfme to reinstate provided in paragraph 18 shaH extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant 10 this Security Instrument. 25. Purcbase Money Mortgllge. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Propetty. Ihis Security Inslrument shall Dt' 4l purchase money mortgage, 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable al'ter a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to titm: under the Note. '1:1. Riden: to this Security Instnnncnl. If one or more riders are executed by Borrower and recorded together wlth [h.js Security Instrument, the CQvenants and agreements of each S'tlch rider .shall be incorporated into and shall amend and supplement the covenants and agteernenLS of dds Security Instrument as if the rider{s) were a part of lhis Security Iostrument, [Check applicable bOx'(e$)) o Adjustable Rate Rider o Graduated Payment Rider o Balloon Rider o Olher(s) [specify} o Condomini~~-- Rider o Planr.ed Unit DevelOptll~nt .~ o Rate Impro~emel1t Ride: D 1~4 Fami,y Rider D Biweekly Payment Rider D Second Home Rider Rider rENNSYLVANlkSingle flltl1ity-FNMA./FHLMC- UNlrUK,M IN;'IJ(UM~I' 0..:_ ~. h"'. (ICO) 6lH3Q Page S of 6 Form J039 W90 Bod461/AGt .538 ~ . . ~Y, SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contamed 2J;;;/;jil:/nst~/~land In any nder(s) executed by Borrower and reeo,ded with it. c!I//u.iI-- ~_ (Seal) CI~ DUNBAR HINKLE - Borrower in pages I through (50,,]) - Borrower (Seal) - Borrowtr (50,,]) - Borrower (Se,,]) - Borruwer (Seal) - Borrower w.o.' . ~ tlfin<a !Oi~ Wimess: COMMONWEALTH OF PENNSYLVANIA. CUMBERLAND On this, the / d 11.- day of ~ ()/;YI/f /J(OOJe.e.- the undersigned aftlcer, personally County 5S: ;c:l? Y . before me, appeared CINDY DUNBAR rIINKLE proven) to be the person and acl<nowledged that sJ..v known to me (or satisfactorily whose name subscribed to the within instnlII1ent executed the same for the purpose herein contained. \""",,,,,.l~ WITNESS WHEREOF. I her~unto set my hand and official seal. /.~\l- MOC;;:.... /.~~::::~,~\~\~ic~t~~ssion exptres' ...),! .'''<.t' ''>''~ <".... .,1<' 1 .W;;i~ )::"'if.""":'":;.~.' ,::"o'J~..wJf~\ ~~:: ,1<1:" .:." ",r'." . :;: .._~."."~ ,_..'..,-~;..&.: \'itif~......;~";~~} 0'.; ~.."~ ";:'1Wav\..~,-""'. '4;;; .$. '-,_.07", ......... -U,<>"/ "';.llllt,~nY\~~ \,,\~\/ ~tIIUIIIII"It\'. ".~-''' .""!i'.'>(~BRTlF1CATE OF RESIDENCE I, do hereby certify dIal the correct address of the within named lender is REGAL REISTERS'l'CWN ROAD, OOINGS MILLS, MD 21117 Wilo.,s my hand this !{)J",A day of TuM /qr( ) 1IOrA/UL&&Al. Clt.l'MIIOCRE. NOTMYNIUC ClIfl'. .. flWlQJNc:c:ufTY. Pi' MY CllMIlI88lllN ElCPlRES ~UG. 2lI, 2iIol , FSB 10123 Agent I Lender PENNSYLVANIA-Single Family_PNMNFHLMC UNIFORM INSTRUMENT ~ Syr\l:1lll.lni:, (1lOOl &19-1362 Page 6 of 6 Fonn 30399)91) Bo0K146i Plct .539 ,~" "~, . ~,. ~" 1M -d. . =-~ i1'Mjlll~.i_~/; ALL that certain tract of land located in South Middleton Township, Cumberland County, Pennsylvania, BEGINNING at a point in the center of the Oak SChoolhouse Road, which point is 664.5 feet, more or less, South of the Walnut Bottom Road: thence by property or paul J. Tyger, South 48 degrees 30 m~nutes West 260 feet, more or less, to a point in line of land of Robert Meyer; thence along same South 34 degrees 15 minutes East 85.4 feet to a paint in line of Hester COhick; thence by the same North 56 degrees 277 feet, more or less, to a paint in the center of the Oak~choolhouse Road; thence by the center of the Oak Schoolhouse Road, North 40 degrees West 120.5 feet, more or less, to a point, the place of Beginninq. BEING the' same which Charles L. Schoffstall and Alice E. SChOffstall by deed dated October 12, 1976, and recorded in Office of Recorder of Deeds for CUmberland County in Deed Book "V", Val. 26, page 592 conveyed to Robert Allen Hinkle and Cindy Dunbar Hinkle, grantors herein. This.is a tranfer from Husband and W~fe to Wife and exempt from transfer tax. PREMISES ON: 101. ADAMS ROAD ~, ~, , JI 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 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. ~1~~ DATE: /d-./ /7/01 I; _" "",,'C .iJlial>il;>.,,-- ..l'!W ;J;i~bt1;\t;~,~ikiiJ:!\11'ii1L~!%l!riM&;I~.E",!l:!i~;!l1ll;i.-.A";k';::~''''~-"''' ch",_:',if;,~,:,..!",;_C;"'!k",~.;)c)jY.;~;;i~(l~~lii'1M__~~r f.; ~ -C<;l., t 't ~ ~ " a ~1 0 c ~ ~ -065 a "- ~ rrt 9 ....... ~ C) ~ ~m n f'j~ ;JJ ~ ?J ::n Zr- N ;i~~ ;'-:~ tJ D (j)~ g / r(- <::> C S~1(:-} ~ ~ J <- -0 -....--1, C; 1 3>0 :::JI; 9(~ ~o Gril c ~ z -, J =< U1 ~ c.::> " _~_ - "N. ~_H""__ ."'__.~_" _ _.-,_' _ _~ ~~ , ,.,"_>, 'O"___~~ .>>_" -.- ,. --=""'-~. - "' ~~ -- - "'" "'-.,""'rnO-~ ~h SHERIFF'S RETURN - REGULAR , CASE NO: 2001-07131 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS HINKLE CINDY DUNBAR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HINKLE CINDY DUNBAR the DEFENDANT , at 2003:00 HOURS, on the 28th day of December, 2001 at 101 ADAMS ROAD CARLISLE, PA 17013 by handing to CINDY HINKLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.25 .00 10.00 .00 31.25 r'~~ R. Thomas Kline 01/02/2002 FEDERMAN & Sworn and Subscribed to before By: 4t:' me this F~ day of 0,.~ ~~ A.D. J:. h'o.. )n./i~ ,~ ~ot onotary ~""~"'-,-"""' ~ ~ .."~_...."..~'".~~ -.,-~, . ~ J ,.I, ~,__ E!I;l"",,,",,,It,mi,,,, 'FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SIDTE 1400 PHILADELPIllA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SillTE 150 HORSHAM, P A 19044 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-7131 CIVIL CINDY DUNBAR-HINKLE Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CINDY DUNBAR-IDNKLE and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/1/01 to 2/4/02 TOTAL $72,756.73 $960.96 $73,717.69 I hereby certify that (1) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 1, LlJ FRANKFEDE ,ES~ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: (1- /3-0J.. CLV\LA.J /?.I.-.u.. _ '.4 PRO PROTHY ~ . LI ,_~~ , -, ,,~ ::&i~... FEDERMAN AND PHELAN, L.L.P. 'Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS GMAC MORTGAGE CORPORATION CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. NO. 01-7131 CINDY DUNBAR-HINKLE Defendant(s) TO: CINDY DUNBAR-HINKLE 101 ADAMS ROAD CARLISLE,PA 17013 DATE OF NOTICE: JANUARY 18. 2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY. THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights, You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 '1:J7l),JI;, /~ 1-.qjJ r/ NVY\A71V1 Frank Federman, Esquire ' Attorney for Plaintiff ~~~~_ _ ~ " N" .~--"~. - - " J.. I, lIfii_l-'" -~kc, 'FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SillTE 150 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-7131 CIVIL CINDY DUNBAR-HINKLE Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, lIl1d that on information lIl1d belief, he has knowledge of the following facts, to wit; (a) that the defendlll1t(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' lIl1d Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendlll1t CINDY DUNBAR-HINKLE is over 18 years of age lIl1d resides at, 101 ADAMS ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ i/~j F -FEDERMAN, ESQUIRE Attorney for Plaintiff -^ '-~ - ~-.. "~- .= ",,, " ~~";"'~'~IfflliiW.!ii~J-' (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-7131 CIVIL CINDY DUNBAR-IllNKLE Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~- /& - 2001. By: If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESOUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **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, TillS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** ,~l, ""'t.,li'Ilkl{,Z;'":!.,i.~+"'lli,,"!j~i."\l!:"<i~,",,d,i;;:!...;, ,I,=,bl,,;k;,,",l".,b",",,~'" .<;,~", ~~ 0" -. Cl F ~ r- \ J>... ,",";,:~i);;i.""'~'iw-~alllilWH 'Mlt:-;@~$!:';"~____ ~~ ~ fD _~~ f\ ~ C> ~\ <>-' \..)v ~ -- ?---' --.l o 9 JnIJLl;"e~}l!L IJI U.lIU(L"" .."~.U!IU.".... 'e. m....~~......'.....M.. 'e..,m. _. ~ Of' ~ r ~ ..... '-'" ~ _v."~"'~ ,<,~__"< ",_C ,~ "_" 0 (:::J () c:: i":; ; 1 -~ -" :,--,. -- -rJ r;" ~-"-1 r,-I L; ':':0 :::.:::: U) C c...,~', -<; ~~; ~Tl f F~ ) '.-', :> u :,,) C ::~ :..) -:..;:::-; -<: l;:> ~ ~_~v ~"~ ~~. . ~ ,1-_ """' ~'."""~~'" ., . . PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, v. No. 01-7131 CIVIL CINDY DUNBAR-IllNKLE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $73,717.69 / Interest from 2/4/02 to 6/05/02 (per diem -12.11) TOTAL $ 1,466.52 and Costs $75,184.21 ~~ ~ FRANK FEDE , ES~ One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. 'Ii k'f}""d'iJ,,,,itdiii:"ocA,\ug:;':'?'i!J;j$1iV--J,,j),j,;,j',>:m:.kOllEli.iMiii-lf""'~"_d"'''_-,,.d,'''' "",."_",'n,,,,,~,,,,,"n,,,_j.%'I1!l8i~Mf!~~l1i;ti.jii<L\!I.li;:f#.<l"""""E~I>M1~T " illll1 - ,_,_"c,.,,;", ,.., .... 0 r-- .... .,.,~ ~ Z r-i o~ ~ Z 0 m m> 0 ... ... s~ ""' ~ ... >;J ""' f;1i< ~ U ..,; ~m g ~~ U (l) zZ 0 t::: ~ i:: OZ ~ Z f;1i< = '-g (l) ~fS: ... '" '" = .,., 0 (l) ~ . 0 ~ 00:: 'ii! ~ .n - O~ U ., ~ -< ""' .. f;1i< .; ;:~ .... m S UZ ~ <2 ~ .,.,>;J I.:i ;. Z ~~ '" ;>. 00 ~ >;J (l) il "",U ~ P::~ S ~ g. P::~ ~ >- 0.... 0 0. ... ::; ~ .... (l) S~ 0 ~ f;1i<~ 0 ] Z .... Usa ~ ... ~'-' ~ U ... U U '" f;1i<f;1i< '" =~ ~ ~ .i:j j ""'~ (l) - Z>;J .~ ~ .,., ...u () ~: .TIC}'. ~~E -< :'.;-;':: ~g> ,,:,'- ~. ,"." " - -~, . .' ---n [""1 :;'J:) c_: '=~} :..:~ , 1_ h '" "T '~ '. '~"""",,,~'j~I.!lli\J:l:I!~'W",,-,1 0- C ALL THAT CERTAIN tract of land located in South Middleton Township, Cumberland County, Pennsylvania. BEGINNING at a point in the center of the Oak Schoolhouse Road. which point is 664,5 feet, more or less, South of the Walnut Bottom Road; thence by property of Paul J. Tyger, South 48 degrees, 30 minutes West 260 feet, more or less, to a point in line of land of Robert Meyer; thence along same South 34 degrees, 15 minutes East 85.4 feet to a point in line of Hester Cohick; thence by the same North 56 degrees, 227 feet, more or less, to a point in the center of the Oak Schoolhouse Road; thence by the center of the Oak Schoolhouse Road, North 40 degrees West 120.5 feet, more or less, to a point, the place of beginning, Tax Parcel #24-0744-037 TITLE TO SAID PREMISES IS VESTED IN Cindy Dunbar-Hinkle by Deed from Robert Allen Hinkle and Cindy Dunbar Hinkle dated 9/7/1993 and recorded 9/8/1993 in Record Book M-36, Page 1176. " 11l'411ieb-:Jl_ilfu;l _102@lt"",@,~', " ~",1 "'~i,i'>"~",*l'liUll\t:.~-lJ~~ . _,,_ "_-~~,"""",;;&,'U,-",;~~,i_,;;;_\:1~~b'llh~~~~,,,,,,~~~~ -,.,..,........ ,J;:;;, "~"~,,,~_JI!! LI, ~. '""'">~ ""." .. """~"-~ . -.,~< '."".'~ . ~" r~ - r G .~ . ~'- '"..''' ~". "" = ?3: ~ cJ -..., cl' ~ ~ ~~, 'a. ~ '!I ~ d '1 "D .~-" .. (-" ~~~ -0 :'~- rTl (~". ~~- [:: r... ~;C'- .~("';:, >'c~: ";'.'~ =--.-:;, -~ \0 ~'i ;-:-\ ,,~ t...: ........, i,_' 21 , , .,,J_' .' -.., _co --": =...., - . I ~ '''''-'-~ -~-'- 'j, . ~,. '., ~ ~,E, GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS CINDY DUNBAR-HINKLE CIVIL DIVISION Defendant(s). NO. 01-7131 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .101 ADAMS ROAD. CARLISLE" PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CINDY DUNBAR-HINKLE 101 ADAMS ROAD CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: CINDY DUNBAR-HINKLE 101 ADAMS ROAD CARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. ~. ,^, -, ~~,;',j... ~"~.,\~~~o;_; .. c 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Household Realty Corporation 42 MJ. Mall Carlisle, P A 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 101 ADAMS ROAD CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Februarv 4. 2002 DATE 1 ~~I FRANK FEDE , ESQUIRE Attorney for Plaintiff ~<ili-~.;\;!;:tl~...ilti.iiliillitr~,41~6i;'i,,~"'rili<".l&.lli~~~f"'WJ; (".-'", 'c,__.l~,,,-,,"~_: "_"",,,i,_fMtl!1d)~~ii-~11 ni "'''"",!if l81TI'ir...-..-,j!;,j~,~,'''1n"J~,,,,,,,~~lti~ rm!llliillilllllliilllll\ll- o ~. '1l i"~~; ~, lId. '-/--7' %1\'2_ -'-"- S~~j "p'-,~ , b{"-=') ~~S :~ c~ r~,) -~ ", ,'-r\ L.'J c.;; ~,-::-'\ -;',. :,.? :..) '-d ::< -- - .J...." .~ .."-~~""'~;:;"- 'FEDER]dAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPHIA, P A 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION CINDY DUNBAR-HINKLE NO. 01-7131 CIVIL Defendant( s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1- ~.~ FRANK FEDERMAN, ESQlJ1RE Attorney for Plaintiff h;'i$"t~:~~~~!~~ti{_i1dl'i;j.g'~:Ji$!@ih"-1>''';_''''w.,-\',;",-,- MJ llLiUlWl,'![] ";,;-"",,-,,, """"" "~, ';'4::'ig;.M,~*,I;~~!,:l,i;,1j~llKP.!>:sli\Wi~i'.iiiIl,7"..ill.hr,;n~,""'~:;'!-Ib';;-'i,WH'i($~W~~~~_IIll'lUI_!II , ,."" ,. ,','",,~."~- [__""~_."" ,1"'_-='0 .,_=,,~"~~ "'-_""__'<;'_~"" - (] t:) () <;; :';.', ~n -r' -., "' fi'! ' . :-!1 ~':;'- ,. U.J ,.:... .-.::~ (i? r."':; (~; _r';::1 ,', ":"'> ~ C-~ ~ 1~- :.....) ...,. =~ :;) ~.~ . ."",1 '" ~ .f,., ,~' l1li~ """"",'Iliii.il;r~, . GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 01-7131 CIVIL CINDY DUNBAR-HINKLE Defendant(s). February 11, 2002 TO: CINDY DUNBAR-HINKLE 101 ADAMS ROAD CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 101 ADAMS ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 5, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the collrtjudgment of 73.717.69 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2.. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) " , '- ~~~ .~,- ~~;;",.,'''" ,~~-",,,,,,!,,,,,.- , ~ YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ~._~"~ <, . , - .,""~~ ,"' .ci. ,~~""",i " c, ~ ALL THAT CERTAIN tract of land located ill South Middleton Township, Cumberland Coumy, Pennsylvania. BEGINNING at a point in the center of the Oak Schoolhouse Road. which point is 664.5 feet, more or less, South of the Walnut Bottom Road: thence by property of Paul J. Tyger, South 48 degrees, 30 minutes West 260 feet, more or less, to a point in line of land of Raben Meyer: thence along same South 34 degrees, IS minutes East 85.4 feet to a point in line of Hester Cohick; thence by the same Nom 56 degrees, 227 feet, more or less, to a point in the center of the Oak Schoolhouse Road; thence by the center of the Oak Schoolhouse Road, North 40 degrees West 120.5 feet, more or less, to a point, the place of beginning. Tax Parcel #24-0744-037 TITLE TO SAID PREMISES IS VESTED IN Cindy Dunbar-Hinkle by Deed from Robert .-\:Jen Hinkle and Cindy Dunbar Hinkle dated 9/7/1993 and recorded 9/8/1993 in Record Book y[-36. Page 1176. "': 'j~'lW-~~~~J$:JiJll!I!i~~lli1;;a~~ii~1I'1-t">""'o-:'--1~h:;1(,,,",,,-~,~_~ri<~~jMII!1il\i.~~~ "r.li\tlliJl"-" ~-JJj M;.~ CM~ ~~_ Iln u__~..",. IIII !j!.~ ,~ 'N,~~"A"'<'"'_,<_~~~ .~o ~,"'-"'H"" ." ..__" ~"< ~ _, = __ -,~~" '^ ~ [fur " Z'[ (;'-,.1' r:'-~ i: ..":;- =-:\- ~~<.'_:~- " .- ~-~. , . o ~ C') !.....,} i:.:~i C'~.J c~:. ..~ :,,:) ::.? E..5 81/ ,="~ ,~,'..we ~ ""'~_,~_ _.__ ~ _ ...,.....,~ ~j . ,. I_~, .' - ~,"" ., ~, "l<;"",1t ~ "to GMAC Mortgage Corporation VS Cindy Dunbar-Hinkle In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-7131 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriffs Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Advertising Certified Mail Poundage Law Journal Patriot News 30.00 20.00 .50 1.00 3.45 15.00 1.40 $ 71.35 paid by attorney 3-13-02 Sworn and subscribed to before me so~ r ~.;.-.,<~ R. Thomas Kline, Sheriff Tms J~~dayof~ 2002, A.D. 9Jj'L~ (] '/M,/i, ~, ~ ' Prothonotary BYJ~~~ Real Es ate Deputy .. I.SD CJc.. 3!{9/0 ~,/;)2 ?51. 'I ~ ~ " -. .,. ~I - ~ h'~--~":Mi:; , , , GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS CINDY DUNBAR-HINKLE CIVIL DIVISION Defendant(s}. NO. 01-7131 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe forthe Writ of Execution was filed the following information concerning the real property located at .101 ADAMS ROAD. CARLISLE. PA 17013 . L Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CINDY DUNBAR-HINKLE 101 ADAMS ROAD CARLISLE, P A 17013 2. Name and address ofDefendant(s) in the judgment: CINDY DUNBAR-HINKLE 101 ADAMS ROAD CARLISLE, P A 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. '---tl ~, < f < ^ ~~-( llMi;~",,~', - ~ c 4. Name and address of last recorded ho.1der of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Household Realty Corporation 42 M.J. Mall Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 101 ADAMS ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 4, 2002 DATE 1 JJ~, FRANKFEDE ,ESQurnE Attorney for Plaintiff .<W' , ..o~_ . , I,...b . -.-, .'1' ,- ,"i:~;- ~ . GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 01-7131 CIVIL CINDY DUNBAR-HINKLE Defendant(s). February 11, 2002 TO: CINDY DUNBAR-HINKLE 101 ADAMS ROAD CARLISLE, PA 17013 ..THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLL'ECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY... Your house (real estate) at, 101 ADAMS ROAD, CARLISLE. PA 17013. is scheduled to be sold at the Sheriffs Sale on JUNE S. 2002 at! O:Ob a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgmentof73,717.69 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you; In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, !he rl;Ore~hance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) - , . L~, "~~'-:_"""""';~,-, 4 .~ yOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share ofthe money which was paid for your house. A schedule of distribution of the money bid for your house will be flIed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ~--, . -' I "H ',>" ,i ~ , ~>,. ~ ;tiW!'_ i - ALL THAT CERTAIN tract of land located in South Middleton Township, Cumberland County. Pennsylvania. BEGINNING at a point in the center of the Oak Schoolhouse Road. which point is 664.5 feet, more or less, South of the Walnut Bottom Road: thence by property of Paul J. Tyger, South 48 degrees. 30 minutes West 260 feet, more or less, to a point in line of land of Robert Meyer; thence along same South 34 degrees, 15 minutes East 85.4 feet to a point in line of Hester Cohick; thence by the same North 56 degrees, 227 feet, more or less, to a point in the center of the Oak Schoolhouse Road; thence by the center of the Oak Schoolhouse Road, North 40 degrees West 120.5 feet, more or less, to a point, the place of beginning. Tax Parcel #24-0744-037 TITLE TO SAID PREMISES IS VESTED IN Cindy Dunbar-Hinkle by Deed from Robert Allen Hinkle and Cindy Dunbar Hinkle dated 9/7/1993 and recorded 9/8/1993 in Record Book \<1-36. Page 1176. w ., - <J.J ~,. ~~,l ~,~ i1U!~",-, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-7131 Civil CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION PLANTIFF(S) From CINDY DUNBAR-HINKLE, 101 ADAMS ROAD, CARLISLE PA 17013. (I) You are directed to levy upon the property of the defendant(s) and to sell REAL ESTATE LOCATED AT 101 ADAMSROAD,CARLISLE PA 17013. (SEEATTACEDLEGAL DESCRIPTION.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to of for the account ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $73,717.69 L.L. $.50 Interest 2/4/02 - 6/5/02 ($ 12. ll/diem) $1,466.52 Due Prothy $1.00 Arty's Corum % Other Costs Arty Paid $103.25 Plaintiff Paid Date: FEBRUARY 13, 2002 CURTIS R. LONG Prothonotary, Civil Division By: REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: 1617 JFKBLVD STE 1400 ONE PENN CENTER AT SUBURBAN STATION PHILADELPI:IIA PA 191031814 Attorney for: PLAINTlFF Telephone: (215) 563 7000 Supreme Court ID No. 12248 "" i!J&ill',-,rh'<hCi,fuk;,;,;fui~,,jd,~><:-'~,,~<,,i;_ , -'. '" <<"""_'_0<' :)-,h:>,H-Hr ;.;.,f_';','-i_;,,,h:H;,",";:o,.,;,,'" - ""'.d'..,.::;!"""'"""''''....M..__''''''''''''''~__,,___... - REAL ESTATE SALE No. 25' On Febmary 222002, the sherifflevied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, P A, known and numbered as 1 0 1 Adams Road, Carlisle and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 22,2002 By: J)(itj ~f:h Real Estate Deputy <;) ~~ ca C:\ti1. ~ c;:-:') &7.) ~ \ r.L\h\j(\ J ~ -\ \. '~.' ~'__l. ",~, '''-~\~'\\: ,"', , " ,\'\\ ~;;~ .1\ \\S ~ ' .~ \~\6 ' ,~\ l:J~ ;' . ",',:,Y,\:", . "'1\,.0 ,,' \1\ )' .~\"",I'-,' "'\\' ~ :11,) ;~\\j\\5" . \. ".1111ICll[TnlD.I!l!\lIllI!"Jl!LnJ..".U.._.1L~',)""",,,,,,,'n,,,'_'"".___. .., . . ".......'_.,~,. __....