HomeMy WebLinkAbout08-3488GOLDBECK McCAFFERTY & McKEEVER
BY: MICHAEL T. MCKEEVER
ATTORNEY I.D. #56129
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
(866) 413-2311
WWW.GOLDBECKLAW.COM
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE, LLC
3451 Hammond Avenue
Suite 150
Waterloo, IA 50702
vs.
ATHENA J. BRELLOS
JOSEPH E. JIRAS
Mortgagors and Real Owners
2014 Lincoln Street
Camp Hill, PA 17011
IN THE COURT OF COMMON PLEAS
Plaintiff
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
er
' 0i - 3 {88
No.
Defendants
C
IVIL ACTION: MORTGAGE
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NOTICE RECLOSURE
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 the 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 claim in the Complaint
of 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.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS
QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO
DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES
NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL
PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA
DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL
PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A
FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES
DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER
DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN
ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA
PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE
INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS
ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you
still may be able to SAVE YOUR HOME FROM FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-
9400 or.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling.
3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes.
4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners
in default. Please See the PHFA website httv://www.Dhfa.orp-/consumers/homeowners/real aux.
5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home
Retention options.
6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage
or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email
at homeretentionAgoldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or
package you requested will be mailed to the address that you request or faxed if you leave a message with that
information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be
reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 65729FC.
Para informacion en espanol puede communicarse con Loretta al 215-825-6344.
This Action of Mortgage Foreclosure will continue unless you take action to stop it.
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is GMAC MORTGAGE, LLC, 3451 Hammond Avenue, Suite 150 Waterloo, IA 50702.
2. The names and addresses of the Defendants are ATHENA J. BRELLOS, 2020 Market Street, Camp
Hill, PA 17011 and JOSEPH E. JIRAS, 2020 Market Street, Camp Hill, PA 17011, who are the
mortgagors and real owners of the mortgaged premises hereinafter described.
3. On May 05, 2005 mortgagors made, executed and delivered a mortgage upon the Property hereinafter
described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR
GMAC MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of
Deeds of Cumberland County as Book 1906, Page 3693. The mortgage has been assigned to: GMAC
MORTGAGE, LLC by assignment of Mortgage April 29, 2008 and recorded on May 14, 2008 as
Instrument #200815828. The Mortgage and assignment(s) are matters of public record and are
incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which
Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are
matters of public record.
4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit
"A" ("Property„).
5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid
for November 01, 2007 and each month thereafter and by the terms of the Mortgage, upon default in
such payments for a period of one month or more, the entire principal balance and all interest due and
other charges are due and collectible.
6. The following amounts are due to Plaintiff on the Mortgage:
Principal Balance ..................................................................................$139,152.73
Interest from 10/01/2007 through 05/31/2008 at 5.3750% .....................$4,999.55
Per Diem interest rate at $20.49
Reasonable Attorney's Fee at 5% of Principal Balance
as more fully explained in the next numbered paragraph ...................$6,957.64
Late Charges from 11/01/2007 to 05/31/2008 .............................................$282.17
Monthly late charge amount at $40.31
Costs of suit and Title Search ......................................................................$900.00
Escrow Advance ..............................................................................................$0.00
Property Inspections .........................................................................................$0.00
Monthly Escrow amount $98.98
$152,292.09
7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less
than the amount demanded based on work actually performed. The Attorney's Fees requested are in
conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up
to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at
Sheriffs Sale or if the complexity of the action requires additional fees in excess of the amount
demanded in the Action.
8. Plaintiff is not seeking a judgment of personal liability (or an "in personam "judgment) against the
Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such
right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy
proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal
liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property
pursuant to Pennsylvania law.
9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has
been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the
Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s)
attached hereto as Exhibit "B". The date of the postmark on the Notice was the same as the date of the
Notice. The Defendants had the required face to face meeting within the required time and Plaintiff has
been advised that the Defendants filed an application for mortgage assistance with the Pennsylvania
Housing Finance Agency, the Plaintiff has been advised by the Pennsylvania Housing Finance Agency
that the Defendants' application has been rejected.
WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $152,292.09,
together with interest at the rate of $20.49, per day and other expenses, costs and charges incurred by the
Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law
until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property.
C"
By:? 1 kkd 1, S1S1
GOLDBECK McCAFFERTY & McKEEVER
BY: MICHAEL T. MCKEEVER, ESQUIRE
ATTORNEY FOR PLAINTIFF
VERIFICATION
Jeffrey Stephan
Limited Signing Officer
as the representative of the Plaintiff corporation
within named do hereby verify that I am authorized to and do make this verification on behalf of the
Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the
best of my knowledge, information and belief. I understand that false statements therein are made
subject to the penalties of 1 Pa. C.S. 4904 relating to unworn falsification to authorities.
Date: GMAC Mortgage, LLC
f/k/a
GMAC Mortgage Corporation
JAY Stephan
Limited Signing Ofd
0578650905 ATHENA J. BRELLOS and JOSEPH E. JIRAS
ExhibitA
npr 23 2008 6:16RM HP LASERJET 3330 P.23
SCHEDULE "A,"
PARCEL. NO. 04-2110x71-1358
ALL THAT COMA tract of land sltuata In Camp Hill borough, Cumbe?d C6ur*,
PNnnsylvania, morn bartloulady bounded and desorlbcd as f Timm, to V&
BEGINNING at a po6t an the northern line of Unoaln Slr+e4 forme ly Swiday SbmL on
the dlvldkV One beloem Iota 1 Be and 167 on ilia merrlionsd plan of kft; .
thence In a westerV Wedon along the nodhsm it ZZZ samet; a lam" d8o
fed to a point on tin elivlding line bslwsen Lou 1f18 or@ 1so an said pion; Iharios in a
noramv dkaallon said di Wkq *w bobm n bats 1 SS and fSg, a dial m m - of 100
tuft to a poMt on tas e;;;e One a Lot 170 on said thaws In an softly -
di m*m along the southern One of Lot 170 and Lot 1 on said plan, a ds mcs ot'60
Me to a point on tin dhrldiap Nns be mean Lob 956 ardi 167 on said plan t wwo In a
southerly direction gorq sold divldlrg Ons belwesn Lays 168 and 167 an said pleri. a
distance of 100 tboRla a point an tits rortl»m &a of I. ncoln Street std, the point,
and place of SEGINNINCL
BEING Lots Mos. 1 and 166 on the plan of Camp to Eshtas as recorded in the
Cumberland County Recorder of Deeds Of m In Plan Book 1, Pape 90.
HAVING therron ended a slnsie fatly dwaft house kn"n and ru wdWed as 2014
Lincoln SUwL
UNDER AND SUB *CT, newerthoWs, to afl cone ffona, r?estrictior+s. easements and
dghb of way of prw mcor+d.
recoi.:!cd
-County FA,
.
Recorder of Deeds
BK 1906PG3688
E..x.hibit 0
ACT 91 NOTICE
DATE OF NOTICE: May 2, 2008
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A
DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THE PURPOSE OF COLLECTING THE DEBT.
This is an official notice that the mortgage on your home is in default and the
lender intends to foreclose Specific information about the nature of the default is provided in
the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP may be
able to help to save vour home This Notice explains how the program works
To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this
Notice with you when you meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving
your County are listed at the end of this Notice If you have any questions you may call the
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired
hearing can call (717) 780-1869.)
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact any attorney in your area. The local bar association may be able
to help you find a lawyer.
La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar
viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion
immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al
numero mencionada arriba. Puedes ser elegible para un prestamo por el programa llamado
"Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la
perdida del derecho a redimir su hipoteca.
Prepared by: GOLDBECK McCAFFERTY & McKEEVER
Suite 5000 - Mellon Independence Center.
701 Market Street
Philadelphia, PA 19106
Fax (215) 627-7734
1
Date: May 2, 2008
TO: ATHENA J. BRELLOS
Homeowners Name: ATHENA J. BRELLOS and JOSEPH E. JIRAS
Property Address: 2014 Lincoln Street, Camp Hill, PA 17011
Loan Account No.: 0578650905
Original Lender: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS
NOMINEE FOR GMAC MORTGAGE CORPORATION
Current Lender/Servicer: GMAC MORTGAGE CORPORATION
HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL
ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE
MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE
ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
* IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
* IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
* IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you
must arrange and attend a "face-to-face" meeting with one of the designated consumer credit
counseling agencies listed at the end of this Notice.
THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT
APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE
YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO
DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against you
for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of
designated consumer credit counseling agencies for the county in which the property is located are set
forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your
lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the nature of
your default.) If you have tried and are unable to resolve this problem with the lender, you have the
right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance
Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance
Program Application with one of the designated consumer credit counseling agencies listed at the end
of this Notice. Only consumer credit counseling agencies have applications for the program and they
will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency.
Your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR
IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your
application. During that time, no foreclosure proceedings will be pursued against you if you have met
the time requirements set forth above. You will be notified directly by the Pennsylvania Housing
Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for
Emergency Mort a e Assistance.
HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date)
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property
located at: 2014 Lincoln Street, Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due:
3
(a) Monthly payment from 11/01/2007 thru 5/2/2008
(7 mos. at $865.03/month) $6,055.21
(b) Late charges from 11/01/2007 thru 5/2/2008 $282.17
(c) Other charges; Escrow, Inspec., NSF Checks
(d) Other provisions of the mortgage obligation, if any
(e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $6,337.38
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH
IS $6,337.38, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME
DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check
certified check or money order made payable and sent to:
GMAC MORTGAGE, LLC
LOSS MITIGATION DEPARTMENT
3451 Hammond Avenue
Waterloo, IA 50702
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default
within THIRTY (30) DAYS of the date 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 full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.
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 your case to its attorneys, but you cure the
delinquency before the lender brings legal proceedings against you, you will still be required to pay the
reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are
started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender
even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which
may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY
Period, you will not be required to pay attorney's fees
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the
default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have
the right to cure the default and prevent the sale at any time W to one hour before the Sheriffs Sale
You may do so by paying the total amount then past due plus any late or other charges then due
reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected
with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements
under the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a
Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6)
months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to
you before the sale. Of course, the amount needed to cure the default will increase the longer you wait.
You may find out at any time exactly what the required payment or action will by contacting the
lender.
HOW TO CONTACT THE LENDER:
Name of Lender: GMAC MORTGAGE, LLC
Address: 3451 Hammond Avenue
Waterloo, IA 50702
Phone Number: 800-850-4622
Fax Number: 319-236-7437
Contact: Loss Mitigation Department
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of
the mortgaged property and your right to occupy it. If you continue to live in the property after the
Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by
the lender at any time.
ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who
will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees
and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
* TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, 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 MAY HAVE TO SUCH
ACTION BY THE LENDER.
* TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Contact: Loss Mitigation Department
Phone Number: 800-850-4622
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
CUMBERLAND COUNTY
CCCS OF WESTERN PENNSYLVANIA INC.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
URBAN LEAGUE OF METROPOLITAN HARRISBURG
2107 N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
COMMUNITY ACTION COMM OF THE CAPITAL REGION
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
FAX 234-2227
FINANCIAL COUNSELING SERVICES OF FRANKLIN
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
YWCA OF CARLISLE
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
ADAMS COUNTY HOUSING AUTHORITY
139-143 Carlisle Street
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
GMAC Mortgage, LLC
3451 Hammond Avenue
Waterloo IA 50702
ACT 91 NOTICE
Date: 01/03108
TAKE ACTION TO SAVE
YOUR HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific
information about the nature of the default is provided in the attached pages
The HOMEOWNER S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your
home. This Notice explains how the program works
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the
Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the
end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1
800-342-2397 (Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit
Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local
bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM, EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER S NAME(S):
ADDRESS:
CAMP HILL
LOAN ACCOUNT NUMBER:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
JOSEPH E BRAS
2014 LINCOLN ST.
PA 17011 -0000
0578650905
GMAC Mortgage, LLC
HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE ACT ), YOU MAY BE ELIGIBLE FOR EMERGENCY
MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of foreclosure on
your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-
face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS
NOTICE CALLED HOW TO CURE YOUR MORTGAGE DEFAULT EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer credit counseling
agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this
meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in
which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting.
Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in
this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to
resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner s Emergency
Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner s Emergency Assistance
Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only
consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30)
days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO
NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by
the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60)
days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued
against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing
Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES
ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date)
NATURE OF THE DEFAULT The MORTGAGE debt held by the above lender is on your property located at 2014
LINCOLN ST. CAMP HILL PA 17011-0000 IS SERIOUSLY IN DEFAULT
because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: 11/01/07 through 01/01/08. See attached Exhibit for payment breakdown.
Monthly Payments $ 2595.09
Late Charges $ 80.62
NSF $ 0.00
Inspections $ 11.25
Other (Default Expenses and Fees) $ 0.00
Optional Insurance $ 0.00
Suspense $ 0.00
TOTAL AMOUNT PAST DUE: $ 2686.96
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not 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 AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2686.96, PLUS
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY
(30) DAY PERIOD. Payments must be made either by cash cashier s check or certified check made payable and sent to:
GMAC Mortgage, LLC
ATTN: Payment Processing
3451 Hammond Avenue
Waterloo IA 50702
You can cure any other default by taking the following action within THIRTY (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 THIRTY (30) DAYS of the date
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 full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.
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 your case to its attorneys, but you cure the delinquency before the lender begins legal
proceedings against you, you will still be required to pay the reasonable attorney s fees that were actually incurred, up to
$50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney s fees actually
incurred by the lender even if they exceed $50.00. Any attorney s fees will be added to the amount you owe the lender,
which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period you will
not be required to pay attorney s fees
OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance and all other
sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF S SALE If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent
the sale at any time up to one hour before the Sheriff s Sale You may do so by paying the total amount then vast due plus
any late or other charges then due reasonable attorney s fees and costs connected with the foreclosure sale and any other
costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under
the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same
position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF S SALE DATE It is estimated that the earliest date that such a Sheriff s Sale of
the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the
actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will
increase the longer you wait. You may 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, LLC
ATTN: Loss Mitigation
Address: 2711 North Haskell Ave.
Suite 900
Dallas, TX 75204
Phone Number: 800-850-4622
Fax Number: 800-211-3561
Contact Person: Collection Department
EFFECT OF SHERIFF S SALE You should realize that a Sheriff s Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you
and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTAGE You MAY or MAY NOT sell or transfer your home to a buyer or transferee who
will assume the mortgage debt, provided that all the outstanding payments, charges and attorney s fees and costs are paid
prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, 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 LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY
THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED
Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for
that purpose.
If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately
at 800-8504622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning
this matter.
Collection Department
Loan Servicing
5039
EXHIBIT
11/01/07 through 01/01/08 Mo. Pmt. Amt. $ 865.03
s
91
R
lrp_
0
P
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1
O .f^ l Z- 9
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co
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-03488 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GMAC MORTGAGE LLC
VS
BRELLOS ATHENA J 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
JIRAS JOSEPH E
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE ,
the within named DEFENDANT
NOT FOUND , as to
;
2020 MARKET STREET
CAMP HILL, PA 17011
DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS.
Sheriff's Costs: So answer
Docketing 6;00
Service ;00 s'
Not Found 5:00 R. Thomas Kline
Surcharge 10"00 Sheriff of Cumberland County
0
n 100
716 Z/eP 21,00 GOLDBECK MCCAFFERTY MCKEEVER
06/26/2008
Sworn and Subscribed tolbefore
me this day of ,
A.D.
JIRAS JOSEPH E
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-03488 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GMAC MORTGAGE LLC
VS
BRELLOS ATHENA J 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
BRELLOS ATHENA J
unable to locate Her irk his bailiwick
COMPLAINT - MORT FORE ,
He therefore returns the
NOT FOUND as to
the within named DEFENDANT BRELLOS ATHENA J
;
2014 LINCOLN STREET
CAMP HILL, PA 17011
DEFENDANT DOES NOT LIVE?AT GIVEN ADDRESS.
Sheriff's Costs: So answe
Docketing 18{00
Service 15,00 Not Found 5;00 Rf. Th mas Kline
Surcharge 10;00 Sheriff of Cumberland County
;00
716A/0 9 48,00 GOLD13ECK MCCAFFERTY MCKEEVER
06/26/2008
;
Sworn and Subscribed to before
me this day of
A.D.
but was
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-03488 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC MORTGAGE LLC
VS
BRELLOS ATHENA J ET AL
STEPHEN BENDER Sheriff or Deputy Sheriff of
Cumberland County,Penns?ivania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
JIRAS JOSEPH E the
DEFENDANT at 1206:00 HOURS, on the 21st day of June 2008
at 2014 LINCOLN STREET
CAMP HILL, PA 17011 by handing to
JOSEPH E JIRAS
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
7 G??/oP .00
x.6.00
Sworn and Subscibed to
before me this Oay
So Answers:
R. Thomas Kline
06/26/2008
GOLDBECK MCCAFFERTY MCKEEVER
By:
Deputy Sheriff
of L A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-03488 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC MORTGAGE LLC
VS
BRELLOS ATHENA J ET AL
SHAWN HARRISON , Sheriff or Deputy Sheriff of
Cumberland County,Penns?lvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
BRELLOS ATHENA J the
DEFENDANT
at 1841:00 HOURS, on the 18th day of June , 2008
at 2020 MARKET STREET
CAMP HILL, PA 17011 by handing to
ATHENA BRELLOS
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time ditecting Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 15.00
Affidavit : .00
Surcharge 10.00
Q 00
1 . 00
Sworn and Subscibed to
before me this day
of ,
;
So Answers:
R. Thomas Kline
06/26/2008
GOLDBECK MCCAF ERTY MCKEEVER
By:
eputy Sheriff
A.D.
GOLDBECK McCAFFERTY & McKEEVER
BY: MICHAEL T. MCKEEVER
ATTORNEY I.D. #56129
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
(866) 413-2311
W W W.GOLDBECKLAW.COM
ATTORNEY FOR PLAINTIFF
I HEREBY CERTIFv THAT THIS IS
ECT COPY OF
RFt
A TRUE AND CO,
THE ORIGINAL FILED
GMAC MORTGAGE, LLC
3451 Hammond Avenue
Suite 150
Waterloo, IA 50702
Plaint
VS.
ATHENA L BRELLOS
JOSEPH E. JIRAS
Mortgagors and Real Owners
2014 Lincoln Street
Camp Hill, PA 17011
Defendanis
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Neon M - 3'88 l: ivy
CIVIL ACTION: MORTGAGE -T`erk
NOTICE FORECLOSURE
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 the Complaint and notice are served, by entering a written
appearance personally or by attorney acid 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 claim in the Complaint
of 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.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
LEGAL SERVICES INC I *G COPY FROM RECORD
8 Irvine Row in TBStilW" VIihB ed, I hNs unto 3d MY hind
Carlisle, PA 17013 iAd ft SW Of Said Ct at Cadwel Pa.
717-243-9400 Ili
cam.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS
QUEJAS PERESENTADAS, ES ABS LUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO
DE 20 DIAS DESPUES DE SER SER ?IDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES
NECESSARIO QUE USTED, O SU AOOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL
PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA
DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL
PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A
FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES
DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER
DINERO, PROPIEDAD U OTROS DtRECHOS IMPORTANTES.
USTED DEBE LLEVAR EST$ PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN
ABOGADO, VAYA O LLAME POR TELF-FONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA
PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE
INFORMACION ACERCA AGENGIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS
ELIGIBLE Ai UN HONORARIO REDUCIDO O GRATIS.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT
Resourcds available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you
still may be able to SAVE YOUR HOME FROM FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-
9400 or .
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling.
3). Visit HUD'S website www,hud.gov for Help for Homeowners Facing the Loss of Their Homes.
4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners
in default. Please See the PHFA website pt ://www.phfa.oreconsumers/homeowners/real.aspx.
5). Call the Plaintiff (your lender) _ at and ask to speak to someone about Loss Mitigation or Home
Retention options.
6). Call or contact our office to?request the amount to bring the account current, or payoff the mortgage
or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email
at homeretention@goldbecklaw.com. all Seth at 215-825-6329 or fax 215-825-6429. The figure and/or
package you requested will be mailed to the address that you request or faxed if you leave a message with that
information. The attorney in charge of bur firm's Homeowner Retention Department is David Fein who can be
reached at 215-825-6318 or Fax: 215-8?5-6418. Please reference our Attorney File Number of 6572917C.
Para informacion en espanol purde communicarse con Loretta al 215-825-6344.
This Action of Mortgage Foreclosure will continue unless you take action to stop it.
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is GMAC MORTGAGE, LLC, 3451 Hammond A?E TRUE A A%' A THIS IS
MA ?y
2. The names and addresses of the Defendants are ATHENA J. BRfl &feRt et, Camp
Hill, PA 17011 and JOSEPH E. JIR.AS, 2020 Market Street, Camp Hill, PA 17011, who are the
mortgagors and real owners of the mortgaged premises hereinafter described.
8.
3. On May 05, 2005 mortgagors made, executed and delivered a mortgage upon the Property hereinafter
described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR
GMAC MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of
Deeds of Cumberland County " Book 1906, Page 3693. The mortgage has been assigned to: GMAC
MORTGAGE, LLC by assignmj nt of Mortgage April 29, 2008 and recorded on May 14, 2008 as
Instrument #200815828. The Mortgage and assignment(s) are matters of public record and are
incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which
Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are
matters of public record.
4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit
"A" ("Property").
5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid
for November 01, 2007 and eacl month thereafter and by the terms of the Mortgage, upon default in
such payments for a period of oiie month or more, the entire principal balance and all interest due and
other charges are due and collectible.
6. The following amounts are due to Plaintiff on the Mortgage:
Principal Balance
................I .................................................................$139,152.73
Interest from 10/01/2007 through 05/31/2008 at 5.3750% .......................$4,999.55
Per Diem interest rate at $20.49
Reasonable Attorney's Fee ?t 5% of Principal Balance
as more fully explained in the next numbered paragraph ...................$6,957.64
Late Charges from 11/01/2007 to 05/31/2008 .............................................$282.17
Monthly late charge amount at $40.31
Costs of suit and Title Search ......................................................................$900.00
Escrow Advance ...............................................................................................$0.00
Property Inspections .........................................................................................$0.00
Monthly Escrow amount! $98.98
$152,292.09
7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less
than the amount demanded based on work actually performed. The Attorney's Fees requested are in
conformity with the Mortgage ar?d Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up
to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at
Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount
demanded in the Action.
Plaintiff is not seeking a judgme t of personal liability (or an "in personam" judgment) against the
Defendants in this Action but re erves its right to bring a separate Action to establish that right, if such
right exists. If Defendants have eceived a discharge of their personal liability in a Bankruptcy
proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal
liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property
pursuant to Pennsylvania law.
9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has
been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the
Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s)
attached hereto as Exhibit "B". The date of the postmark on the Notice was the same as the date of the
Notice. The Defendants had the required face to face meeting within the required time and Plaintiff has
been advised that the Defendantis filed an application for mortgage assistance with the Pennsylvania
Housing Finance Agency, the Plaintiff has been advised by the Pennsylvania Housing Finance Agency
that the Defendants' application, has been rejected.
WHEREFORE, Plaintiff demands a de;terris judgment in mortgage foreclosure in the sum of $152,292.09,
together with interest at the rate of $20.49, per day and other expenses, costs and charges incurred by the
Plaintiff which are properly chargeable4n accordance with the terms of the Mortgage and Pennsylvania law
until the Mortgage is paid in full, and fdr the foreclosure of the Mortgage and Sheriff s Sale of the Property.
r- T
l
BtY: A k1sk -
GO DBECK McCAFFERTY & McKEEVER
BY: MICHAEL T. MCKEEVER, ESQUIRE
ATTORNEY FOR PLAINTIFF
VERIFICATION
Jeff0ey Stephan
Limited Signing Officer
I, , as the representative of the Plaintiff corporation
within named do hereby verify that I am authorized to and do make this verification on behalf of the
Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the
best of my knowledge, informaltion and belief. I understand that false statements therein are made
subject to the penalties of 1 Pa; C.S. 4904 relating to unswom falsification to authorities.
*_-e GMAC Mortgage, LLC
Date: 2?- U GMAC Mortgage Corporation
Stephan
ning officer
0578650905 ATHENA J. BRELLOS and JOSEPH E. JIRAS
hibit A
Rpr 23 2008 6: 16RH HP LRSERJET 3330 -p' 23_.? ..
SCT-l IME "A"
PARCEL. NO.04-2'I 02714 366
ALL THAT CERTA* tract of lend anuste in Carne HiN l?a?rargh. C?LTour?ji? _.._..--
Parrnsyly ft mors;?partk?ularly botarrtied and desoribeol as tbMows- to wt?
SMNNWG at s F
the C*Mkrg MW be
#WWOM to a wesW
feet to a point on 0
rtodharlydire-lian
direction along the
feet to a point on ti
southerly dlrsotion
dishwas of 100 f6l
and place of GEGI'.
M on the no*wm &W of Uncoln qVeA fbmerly Berkby Street, on
sen lots 1gt3 surd 167 ort Srs rnmrrtiorred pbn of Ivis;
keation along the norilwa ttrrebs+atLinaoln Snook a d8sbq"01`80
dividing lm between Lob 158 at# 159 on ssW plan; ttrarros in a
ma wtd dtvk kw *w bdtwean Lab 168 grad 189, a dfeburoa 91 100
souvwm line of Lot 179 on said ?ianl thetros In ern ewd"sY
ndwn the or Lot 179 and Lat 180 on said plem a distanoa 0(80
dM&V {Ire bowman Late 158 arild 157 on said plan. thence in a
D119 =W *Ming Ww between Loci 188 and 167 on sold plan. a
o a DOM on ttte rxwdwm Wo of t.kwoM Street aforesaid. tins po".
BEING Lots Noa.1 and 186 on the plan of Camp F4 Est?sa as recorded to the
Cumberland C:ourdyReoorder of Deeds Ottioe in Wan aoorc 1, Pago 90.
HAVING t 4rean 1`r+ C a single ian* dweav house known and numbered as 2014
UNDER AND SU CT, cmverthaWes. to aN OMMO a, restricdorrs. easements and
rlehts of way of pr record.
-OUlity RA
Recuvder of Deeds
8K i 906PG3688
E,Y, hibit B
ACT 91 NOTICE
DATE OF NOTICE: May 2, 2008
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
THIS LAW FIRM IS A DEBT OLLECTOR AND WE ARE ATTEMPTING TO COLLECT A
DEBT OWED TO OUR CLIE T. ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR T E PURPOSE OF COLLECTING THE DEBT.
lender intends to foreclose. Specific information about the nature of the default is provided in
the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be
able to help to save your home} This Notice explains how the program works.
hearing can call (717) 780-186P.)
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact any attorney in your area. The local bar association may be able
to help you find a lawyer.
La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar
viviendo en su casa. Si no col?prende el contenido de esta notification obtenga una traduccion
immediatamente llamanda est4 agencia (Pennsylvania Housing Finance Agency) sin cargos al
numero mencionada arriba. puedes ser elegible para un prestamo por el programa llamado
"Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la
perdida del derecho a redimir sk,i hipoteca.
Prepared by: GOLDBECK McCAFFERTY & McKEEVER
Suite 5000 - McWn Independence Center.
701 Market Street
Philadelphia, PA 19106
Fax (215) 627-773;4
Date: May 2, 2008
TO: ATHENA J. BRELLOS
Homeowners Name: ATHENA J. BRELLOS and JOSEPH E. JIRAS
Property Address: 2014 Lincoln Street, Camp Hill, PA 17011
Loan Account No.: 0578650905 1
Original Lender: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS
NOMINEE FOR GMAC MOR' GAGE CORPORATION
Current Lender/Servicer: GMACIMORTGAGE CORPORATION
HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
IF YOU COMPLY WITiI THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE
ELIGIBLE FOR EMERGENCIf MORTGAGE ASSISTANCE:
* IF YOUR DEFAULT OAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
* IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, Al? D
* IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING fINANCE AGENCY.
TEMPORARY STAY OF FORIECLOSURE - Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for Thirty (30) days from the date of this Notice. During that time you
must arrange and attend a "face-td-face" meeting with one of the designated consumer credit
counseling agencies listed at the end of this Notice.
DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer
credit counseling agencies listed t the end of this notice, the lender may NOT take action against you
for thirty (30) days after the date ?f this meeting. The names, addresses and telephone numbers of
MUK'I'GAGE YAYMEINTS
forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your
lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the
reasons set forth later in this Noti?e (see following pages for specific information about the nature of
your default.) If you have tried a} d are unable to resolve this problem with the lender, you have the
right to apply for financial assistafnce from the Homeowner's Emergency Mortgage Assistance
Program. To do so, you must fill; out, sign and file a completed Homeowner's Emergency Assistance
Program Application with one of the designated consumer credit counseling agencies listed at the end
of this Notice. Only consumer crledit counseling agencies have applications for the program and they
will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency.
Your application MUST be filed for postmarked within thirty (30) days of your fact-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR
IF YOU DO NOT FOLLOW TOE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Ageency 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. During that time, no foreclosure proceedings will be pursued against you if you have met
the time requirements set forth above. You will be notified directly by the Pennsylvania Housing
Finance Agency of its decision o? your application.
NOTE-,.- IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOL;LOWING 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 you can still apply for
Emergency Mortgage Assistance.)
HOW TO CURE YOUR. MORTGAGE DEFAULT Bring it up to date).
NATURE OF THE DEFAULT; - The MORTGAGE debt held by the above lender on your property
located at: 2014 Lincoln Street, Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are ndw past due:
(a) Monthly payment from 11/01%2007 thru 5/2/2008
(7 mos. at $865.03/month $6,055.21
(b) Late charges from 11/01/2007 thru 5/2/2008 $282.17
(c) Other charges; Escrow, Inspej ., NSF Checks
(d) Other provisions of the mortgage obligation, if any
(e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $6,337.38
HOW TO CURE THE DEFAU? T - You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH
IS $6,337.38, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME
DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check,
certified check or money order made payable and sent to:
GMAC MORTGAGE, LLC
LOSS MITIGATION DEPARTMENT
3451 Hammond Avenue
Waterloo, IA 50702
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default
within THIRTY (30) DAYS of 6e date of this Notice, the lender intends to exercise its rights to
accelerate the mortgage debt. ' his means that the entire outstanding balance of this debt will be
considered due immediately and ?ou may lose the chance to pay the mortgage in monthly installments.
If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon your mortgaged Property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the
Sheriff to pay off the mortgage d4bt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender brings legal proceedings against you, you will still be required to pay the
reasonable attorney's fees that wei a actually incurred, up to $50.00. However, if legal proceedings are
started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender
even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which
may also include other reasonably costs. If you cure the default within the THIRTY (30) DAY
period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal
balance and all other sums due ur}der the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the
default within the THIRTY (30) O AY period and foreclosure proceedings have begun, you still have
under the mortgage. Curing youjr default in the manner set forth in this notice will restore your
mortgage to the same position is 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 four (4 to six 6)
months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to
you before the sale. Of course, tl?e amount 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 by contacting the
lender.
HOW TO CONTACT THE LANDER:
Name of Lender: GMAC MORTGAGE, LLC
Address: 3451 Hammond Avenue
Waterloo, IA 50702
Phone Number: 800-850-4622
Fax Number: 319-236-`1437
Contact: Loss Mitigation Department
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of
the mortgaged property and yourright to occupy it. If you continue to live in the property after the
Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by
the lender at any time.
ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who
will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees
and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
YQU MAY ALSO HAVE THE RIGHT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
* TO HAVE THIS 6EFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
* TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, JF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT
HAVE THIS RIGHT TO CURE T 'OUR 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 MAY HAVE TO SUCH
ACTION BY THE LENDER.
* TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Contact: floss Mitigation Department
Phone Number: 800-850-4622
PEN1SYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'SZMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
CUMBERLAND COUNTY
CCCS;OF WESTERN PENNSYLVANIA INC.
2000 Linglestown Road
Harrisburg, PA 17102
(717)41-1757
URBAN LEAGUE OF METROPOLITAN HARRISBURG
2107 If. 6th Street
Harrisl urg, PA 17101
(717) 234-5925
FAX (717) 234-9459
COMMUNITY ACTION COMM OF THE CAPITAL REGION
1514 Derry Street
Harristurg, PA 17104
(717) 432-9757
FAX 204-2227
FINANCIAL COUNSELING SERVICES OF FRANKLIN
31 West 3rd Street
Waynesboro, PA 17268
(717) 162-3285
YWCA OF CARLISLE
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
ADAMS COUNTY HOUSING AUTHORITY
139-143 Carlisle Street
Gettysburg, PA 17325
(717)34-1518
FAX (717) 334-8326
GMAC Mortgage, LLC
3451 Hammond Avenue
Waterloo , IA 50702
Date: 01/03/08
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific
information about the 4ature of the default is provided in the attached pages.
Counseling Agency.
This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit
Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local
bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM, EL CUAL
PUEDE SALVAR SU CASA DE LA P#RDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER S NAME(S): JOSEPH E BRAS
ADDRESS: 2014 LINCOLN ST.
LOAN ACCOUNT NUMBER:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
CAMP HILL PA 17011 -0000
0578650905
GMAC Mortgage, LLC
II
HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
IF YOU COMPLY WITH THE PROVjSIONS OF THE HOMEOWNER S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE ACT ), YOU MAY BE ELIGIBLE FOR EMERGENCY
MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
'1'EMPOKAKY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of foreclosure on
your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-
face meeting with one of the consumer crediticounseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN THE NEXT 0 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE, YOU MU T BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS
NOTICE CALLED HOW TO CURE YOUR MORTGAGE DEFAULT EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer credit counseling
agencies listed at the end of this notice, the leader may NOT take action against you for thirty (30) days after the date of this
meeting. The names, addresses and telephone;numbers of designated consumer credit counseling agencies for the county in
which the property is located are set forth at thle end of this Notice. It is only necessary to schedule one face-to-face meeting.
Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in
this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to
resolve this problem with the lender, you havelthe right to apply for financial assistance from the Homeowner s Emergency
Mortgage Assistance Program. To do so, you trust fill out, sign and file a completed Homeowner s Emergency Assistance
Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only
consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30)
days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO
NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by
the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60)
days to make a decision after it receives your aj plication. During that time, no foreclosure proceedings will be pursued
against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing
Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES
ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankrupt y you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date)
NATURE OF THE DEFAULT The MORTGAGE debt held by the above lender is on your property located at 2014
LINCOLN ST. CAMP HILL PA 17011 -0000 IS SERIOUSLY IN DEFAULT
because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: 11/01/07 through 01/01/08. See attached Exhibit for payment breakdown.
Monthly Payments $ 2595.09
Late Charges $ 80.62
NSF $ 0.00
Inspections
Other (Default Expenses and Fees)
Optional Insurance
$ 11.25
$ 0.00
$ 0.00
Suspense $ 0.00
TOTAL AMOUNT PAST DUE: $ 2686.96
B. YOU HAVE FAILED TO TAKE; THE FOLLOWING ACTION (Do not use if not applicable):
HOW TO CURE THE DEFAULT Yop may cure the default within THIRTY (30) DAYS of the date of this notice
BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2686.96, PLUS
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY
(30) DAY PERIOD. Payments must be mace either by cash cashier s check or certified check made payable and sent to:
GMAC Mortgage, (,LC
ATTN: Payment Processing
3451 Hammond A? enue
Waterloo , IA 50702
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:
(Do not use if not applicable.)
Not Applicable
IF YOU DO NOT CURE THE DEFAU T If you do not cure the default within THIRTY (30) DAYS of the date
of this Notice, the lender intends to exercise is 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 full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal ac{ion to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOS D UPON The mortgaged property will be sold by the Sheriff to pay off the
mortgage debt. If the lender refers your case t its attorneys, but you cure the delinquency before the lender begins legal
proceedings against you, you will still be requited to pay the reasonable attorney s fees that were actually incurred, up to
$50.00. However, if legal proceedings are staved against you, you will have to pay all reasonable attorney s fees actually
incurred by the lender even if they exceed $50.p0. Any attorney s fees will be added to the amount you owe the lender,
which may also include other reasonable costs, If you cure the default within the THIRTY (30) DAYS period you will
not be required to pay attorney s fees.
OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance and all other
sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOfj TO SHERIFF S SALE If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent
the mortgage. Curing your default in the m4nner set forth in this notice will restore your mortgage to the same
position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF S S E DATE It is estimated that the earliest date that such a Sheriff s Sale of
the mortgaged property could be held would approximately six (6) months from the date of this Notice. A notice of the
actual date of the Sheriff s Sale will be sent to 'you before the sale. Of course, the amount needed to cure the default will
increase the longer you wait. You may 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, > LC
ATTN: Loss Mitigation
Address: 2711 North Haskell; Ave.
Suite 900
Dallas, TX 75204
Phone Number: 800-850-4622
Fax Number: 800-211-3561
Contact Person: Collection Department
EFFECT OF SHERIFF S SALE You should realize that a Sheriff s Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you
and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTAGE You Iu1AY or MAY NOT sell or transfer your home to a buyer or transferee who
will assume the mortgage debt, provided that al the outstanding payments, charges and attorney s fees and costs are paid
prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO C BTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THE DEFAULT CURiD BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE
YOUR DEFAULT MORE THAN THREl TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTEI4CE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY LAWSUIT INSTITUTED UNDER f HE MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY
THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED
Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for
that purpose.
If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately
at 800-850-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning
this matter.
Collection Department
Loan Servicing
5039
EXHIBIT
11/0 1 /07 through 01 /01 /08 Mo. Pmt. Amt. $ 865.03
SON I
GMAC MORTGAGE ,LLC
3451 Hammond Avenue
Suite 150
Waterloo. IA 50702
Plaintiff
Vs.
ATHENA J. BRELLOS
JOSEPH E. JIRAS
2014 LINCOLN STREET
CAMP HILL, PA 17011
Defendants
IN COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION-LAW
MORTGAGE FORECLOSURE
NO. 08-3488
ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE
AND KNOW comes the Defendant, Joseph E. Jiras, and files the following answer
to the said complaint.
6. Admitted in part, denied in part. Defendant is currently waiting an appeal
hearing under Act 91 filed with Commonwealth Court of PA on June 25, 2008.
Attorney fees were reduced by Plaintiff attorney, balance is not accurate. Defendant
contacted Loss Mitigation Department and filed for a payment plan of loan on June
10, 2008.
EXHIBIT A
HOMEOWNER PROPOSAL
TO
REMAIN IN THE PROPERTY
ATHENA J. B Lt
9hi 2014 Linc Street
071765 627
C p Hill, PA 17011
JOSEPH E. JIRAS
2014 Lincoln Street
07176088627
11
Mortgage Lender: GMAC MORTGAGE CORPORATION
Account or Loan number: 0578650905
Law Firm File Number: 65729FC
It is strongly recommended that you contact an attorney and non-profit credit counseling agency before submitting any
proposal to your lender. Please be sure to review the first page carefully and thoroughly before proceeding.
REINSTATE THE MORTGAGE BY MAKING ALL PAYMENTS DUE:
We will have funds available by
date). Please order a figure and mail/fax/email it to me.
We have already received the Reinstatement Figure and will be able to make the payment due
by (date).
We request that you delay the foreclosure action until (date).
PAYMENT PLAN b
The approximate amount due on my mortgage is $ C! aZ 06 .O
We offer to cure the mortgage default by making an upfront payment in the amount of $ .2j 0 6 0 • 0 Eby
c 0 Y"(date)
and
Payments of $ 6 . a a on the 3 day for of months until the mortgage default is cured.
LOAN MODIFICATION
_ We would like the lender to modify our loan and we can make payments of $.
We can make an upfront payment of $
Please reduce the interest rate from % to
Please reduce the amount owed from $ to $'
Date: r 3
E/S' a e of Ho wner
A
per month.
65729FC
EXHIBIT B
TO: COMMONWEALTH COURT OF PENNSYLVANIA
FROM: JOSEPH JIRAS
RE: FILING APPEAL OF HEARING EXAMINER DECISION ON JUNE 26, 2008
TO WHOM IT MAY CONCERN:
I, JOSEPH E. JIRAS AM FILING AN APPEAL REGARDING THE DECISION CARMELA
SWARTZ, HEARING EXAMINER FILED ON JUNE 26, 2008. THANK YOU.
JOSEPH JIRAS
Fazed to Commonwealth Court of PA on July 25, 2008
VERIFICATION
I, Joseph E. Jiras. Verify that the statements made in the foregoing Complaint for
Mortgage Foreclosure are true and correct to the best of my knowledge. Information and
believe. I understand that false statements herein are made subject to the penalties of 18
Pa. C.S.A. Section 4904. Relating to unsworn falsification to authorities.
J se E. Jiras
Date: 7'a S-O
N
C...N ,.1, '^C1
CJ
e
GOLDBECK McCAFFERTY & McKEEVER
BY: MICHAEL T. MCKEEVER, ESQ.
ATTORNEY I.D. #56129
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106-1532
(215) 627-1322
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE, LLC
3451 Hammond Avenue
Suite 150
Waterloo, IA 50702
Plaintiff
vs.
ATHENA J.BRELLOS
JOSEPH E. JIRAS
Mortgagor(s) and Record Owner(s)
2014 Lincoln Street
Camp Hill, PA 17011
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE
FORECLOSURE
Term
No. 08-3488
PRAECIPE TO CORRECT SCRIVENER'S ERROR
Kindly correct the action to reflect the correct scrivener information. The incorrect
Mortgage Page 3693 was referenced in paragraph #3 of the complaint. Please correct to Page
3671.
Respectfully submitted,
GOLDBECK, McCAFFERTY & McKEEVER
By r
-?OtQkz -0:' -Q_her-
Michael T. McKeever, Esquire
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY
GMAC MORTGAGE, LLC
3451 Hammond Avenue
Suite 150
Waterloo, IA 50702
Plaintiff
vs.
ATHENA J. BRELLOS
JOSEPH E. JIRAS
(Mortgagor(s) and Record Owner(s))
2014 Lincoln Street
Camp Hill, PA 17011
Defendant(s)
PRAECIPE FOR JUDGMENT
No. 08-3488
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT
OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE
OF COLLECTING THE DEBT.
Enter the Judgment in favor of Plaintiff and against ATHENA J. BRELLOS by default for want of an
Answer.
Assess damages as follows:
Debt
Interest - 10/01/2007 to 05/31/2008
Total
(Assessment of Damages attached)
$152,292.09
I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO
BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT.
I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment
is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the
filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1
t
Michael T. McKeever
Attorney for Plaintiff
I.D. #56129
AND NOW I!a , Sava , Judgment is entered in favor of _?? GMAC MORTGAGE, LLC Ind against ATHENA J. BRELLOS by default for want of an Answer and damages
assessed in the sum of $152,292.09 as per the above certification.
/'- f J'4.4-?
P thonotary
Rule of Civil Procedure No. 236 - Revised
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
GMAC MORTGAGE, LLC
3451 Hammond Avenue
Suite 150
Waterloo, IA 50702
Plaintiff
vs.
ATHENA J. BRELLOS
JOSEPH E. JIRAS
(Mortgagors and Record Owner(s))
2014 Lincoln Street
Camp Hill, PA 17011
Defendant(s)
No. 08-3488
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT
OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE
PURPOSE OF COLLECTING THE DEBT.
NOTICE
Notice is given that a judgment in the above-captioned matter has been entered against you.
Curt Long
Prothonotary
By: Irl PJ_Jz/J-:?_J2
If you have any questions concerning the above, please contact:
Michael T. McKeever
Goldbeck McCafferty & McKeever
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
65729FC
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A
DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED
FOR THE PURPOSE OF COLLECTING THE DEBT.
DATE OF THIS NOTICE: July 15, 2008
TO
ATHENA J. BRELLOS
2020 Market Street
Camp Hill, PA 17011
GMAC MORTGAGE, LLC
3451 Hammond Avenue
Suite 150
Waterloo, IA 50702
vs.
ATHENA J. BRELLOS
JOSEPH E. JIRAS
(Mortgagor(s) and Record Owner(s))
2014 Lincoln Street
Camp Hill, PA 17011
TO: ATHENA J. BRELLOS
2020 Market Street
Camp Hill, PA 17011
Plaintiff
Defendant(s)
In the Court of
Common Pleas
of Cumberland County
CIVIL ACTION - LAW
Action of
Mortgage Foreclosure
Term
No. 08-3488
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
Michael T. McKeever
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever, Esq.
Attorney for Plaintiff
Suite 5000 - 701 Market Street.
Philadelphia, PA 19106 215-825-6318
65729FC
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A
DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED
FOR THE PURPOSE OF COLLECTING THE DEBT.
DATE OF THIS NOTICE: July 15, 2008
TO
ATHENA J. BRELLOS
2014 Lincoln Street
Camp Hill, PA 17011
GMAC MORTGAGE, LLC
3451 Hammond Avenue
Suite 150
Waterloo, IA 50702
vs.
ATHENA J. BRELLOS
JOSEPH E. BRAS
(Mortgagor(s) and Record Owner(s))
2014 Lincoln Street
Camp Hill, PA 17011
TO: ATHENA J. BRELLOS
2014 Lincoln Street
Camp Hill, PA 17011
Plaintiff
Defendant(s)
In the Court of
Common Pleas
of Cumberland County
CIVIL ACTION - LAW
Action of
Mortgage Foreclosure
Term
No. 08-3488
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
Michael T. McKeever
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever, Esq.
Attorney for Plaintiff
Suite 5000 - 701 Market Street.
Philadelphia, PA 19106 215-825-6318
ft?
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever
Attorney I.D. #56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney for Plaintiff
GMAC MORTGAGE, LLC
3451 Hammond Avenue
Suite 150
Waterloo, IA 50702
vs.
ATHENA J. BRELLOS
JOSEPH E. JIRAS
(Mortgagor(s) and Record owner(s))
2014 Lincoln Street
Camp Hill, PA 17011
IN THE COURT OF COMMON PLEAS
Plaintiff
of Cumberland County
CIVIL ACTION LAW
ACTION OF MORTGAGE FORECLOSURE
Defendant(s)
No. 08-3488
ORDER FOR JUDGMENT
Please enter Judgment in favor of GMAC MORTGAGE, LLC, and against ATHENA J. BRELLOS
for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United
States of America) from the date of service of the Complaint, in the sum of $152,292.09.
UQ I `? l U IX/ ?-
Michael T. McKeever
Attorney for Plaintiff
I hereby certify that the above names are correct and that the precise residence address of the judgment
creditor is GMAC MORTGAGE, LLC 3451 Hammond Avenue Suite 150 Waterloo, IA 50702 and that the
name(s) and last known address(es) of the Defendant(s) is/are ATHENA J. BRELLOS, 2020 Market Street Camp
Hill, PA 17011;
Unma-"
GOLDBECK MCCAFFER Y & McKEEVER
BY: Michael T. McKeever
Attorney for Plaintiff
..
ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly assess the damages in this case to be as follows:
Principal Balance
Interest from 10/01/2007 through
05/31/2008
Attorney's Fee at 5.0000% of principal
balance
Late Charges
Costs of Suit and Title Search
Escrow Balance Deficit
$139,152.73
$4,999.55
$6,957.64
$282.17
$900.00
$152,292.09
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever
Attorney for Plaintiff
AND NOW, this /g4',-day of 9cf+- , 2008 damages are assessed as above.
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GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever
Attorney I.D. #56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney for Plaintiff
GMAC MORTGAGE, LLC
3451 Hammond Avenue
Suite 150
Waterloo, IA 50702
vs.
ATHENA J. BRELLOS
JOSEPH E. JIRAS
(Mortgagor(s) and Record owner(s))
2014 Lincoln Street
Camp Hill, PA 17011
Plaintiff
Defendant(s)
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION LAW
ACTION OF MORTGAGE FORECLOSURE
No. 08-3488
VERIFICATION OF NON-MILITARY SERVICE
The undersigned, as the representative for the Plaintiff corporation within named do
hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation
and that the facts set forth in the foregoing verification of Non-Military Service are true and
correct to the best of my knowledge, information and belief. I understand that false statements
therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to
authorities.
1. That the above named Defendant, ATHENA J. BRELLOS, is about unknown
years of age, that Defendant's last known residence is 2020 Market Street Camp Hill, PA 17011
and is engaged in the unknown business located at unknown address.
2. That Defendant is not in the Military or Naval Service of the United States or its
Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of
Congress of 1940 and its Amendments.
Date: September 17, 2008 _
=A \, ? _A
Michael T. McKeever
Attorney for Plaintiff
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GOLDBECK McCAFFERTY & McKEEVER
BY: DAVID FEIN, ESQUIRE
Attorney I.D. #82628
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE, LLC
3451 Hammond Avenue
Suite 150
Waterloo, IA 50702
vs.
ATHENA J. BRELLOS
and JOSEPH E. JIRAS
Mortgagors and Record Owners
2014 Lincoln Street
Camp Hill, PA 17011
No. 08-3488
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.):
Plaintiff's Motion for Summary Judgment
2. Identify counsel who will argue cases:
(a) for plaintiff:
David Fein, Esquire
701 Market St., Ste. 5000, Philadelphia, PA 19106
(b) for defendant:
Joseph E. Jiras, Pro Se
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
2014 Lincoln St., Camp Hill, PA 17011
3. I will notify all parties in writing within two days that this case has been listed for argument.
4. Argument Court Date:
February 4, 2009
s
Si ature c ,
David Fein, Esquire
Print your name
8262
Date: November 14, 2008
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GOLDBECK McCAFFERTY & McKEEVER
BY: DAVID FEIN, ESQUIRE
Attorney I.D. #82628
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
GMAC MORTGAGE, LLC
3451 Hammond Avenue
Suite 150
Waterloo, IA 50702
VS.
ATHENA J. BRELLOS
and JOSEPH E. BRAS
Mortgagors and Record Owners
2014 Lincoln Street
Camp Hill, PA 17011
No. 08-3488
PLAINTIFF'S
MOTION FOR SUMMARY JUDGMENT
AND NOW, this Plaintiff moves this Court for Summary Judgment in accordance with
Pennsylvania Rule of Civil Procedure No. 1035.1 et seq. for the following reasons:
1. Plaintiff is GMAC Mortgage, LLC (hereinafter "Plaintiff')
2. Defendants are Athena J. Brellos ("Defendant Athena") and Joseph E. Jiras
("Defendant Joseph") (hereinafter collectively "Defendants").
3. Plaintiff filed its Complaint in mortgage foreclosure on June 09, 2008. A true and
correct copy of the Complaint is attached hereto as Exhibit A.
4. Defendant Joseph filed an Answer on or about August 5, 2008, which does not
raise any issue of material fact. A true and correct copy of the Answer is attached hereto as
Exhibit B.
5. Defendant Athena has not responded to Plaintiffs Complaint and on September
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
19, 2008, Plaintiff obtained a default judgment against her.
6. Plaintiff has attached an Affidavit to the instant Motion that avers all facts
necessary to prove a prima facie case in mortgage foreclosure and that corroborates the facts as
plead in Plaintiff s Complaint. See Plaintiff s attached Affidavit and Memorandum of Law.
WHEREFORE, Plaintiff moves for Summary Judgment in its favor.
Respectfully submitted,
GOLDBECK MCCAFFERTY & MCKEEVER
????
David ein, Esquire
Attorney for Plaintiff
GOLDBECK McCAFFERTY & McKEEVER
BY: David Fein, Esquire
Attorney I.D.#82628
Suite 5000 -Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
GMAC MORTGAGE, LLC
3451 Hammond Avenue
Suite 150
Waterloo, IA 50702
VS.
ATHENA J. BRELLOS and JOSEPH E. JIRAS
Mortgagors and Record Owners
2014 Lincoln Street
Camp Hill, PA 17011
IN THE COURT OF COMMON
PLEAS
OF CUMBERLAND COUNTY
No. 08-3488
AFFIDAVIT IN SUPPORT OF PLAINTIFF'S
MOTION FOR SUMMARY JUDGMENT
Margie Kwiatanowski
Limited Signing officer , being duly sworn according to law, deposes and says:
Margie Kwiatanowskl
1. I am the ---Liffl {--Signing officer for and representative of
Plaintiff. I am authorized to make and do make this affidavit on behalf of Plaintiff; and that the
facts set forth in the foregoing Motion for Summary Judgment are true and correct to the best of
my knowledge, information and belief.
I 1.
2. I have reviewed the business records that relate to the mortgage loan account that
forms the basis of this action and, based on those business records, I have personal knowledge of
the matters referred to in Plaintiffs Motion and as set forth below, I make this affidavit in
support of Plaintiffs Motion for Summary Judgment, and aver that the facts set forth below are
admissible in evidence and I am competent to testify to the matters stated herein.
3. The Defendants, ATHENA J. BRELLOS, 2020 Market Street, Camp Hill, PA
17011 and JOSEPH E. JIRAS, 2014 Lincoln Street, Camp Hill, PA 17011, made, executed and
delivered a Mortgage upon the premises, 2014 Lincoln Street, Camp Hill, PA 17011, on May 5,
2005, to Mortgage Electronic Registration Systems, Inc., as Nominee for GMAC Mortgage,
Corporation.
4. The mortgage is held by Plaintiff.
5. The Mortgage is in default because monthly payments of principal and interest
due November 1, 2007, and each month thereafter are due and unpaid. At no time from
November 1, 2007, to the present have the Defendants tendered the amount of payments required
to bring the Mortgage current and I have at all times been willing to accept same.
6. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency
Mortgage Assistance has been sent to Defendants by Certified and regular mail, as required by
Act 160 of 1998 of the Commonwealth of Pennsylvania, on the dates set forth in the true and
correct copies of such notices attached hereto as Exhibit B" to Plaintiffs Complaint. The
Defendants had the required face to face meeting within the required time and Plaintiff has been
advised that the Defendants filed an application for mortgage assistance with the Pennsylvania
Housing Finance Agency on February 14, 2008. The Plaintiff has since been advised by the
Pennsylvania Housing Finance Agency that the Defendants' application has been rejected.
I ! • t
7. The amounts due and owing on the mortgage in question as of the filing of the
Complaint are as follows:
Principal Balance $139,152.73
Interest from 10/01/2007 $4,999.55
through 05/31/2008 at 5.3750%
Per Diem interest rate at $20.49
Reasonable Attorney's Fee of 5% of Principal Balance $6,957.64
Late Charges from 11/01/2007 to 05/31/2008 $282.17
Monthly late charge amount at $40.31
Costs of Suit and Title Search $900.00
$152,292.09
I hereby verify that any and all exhibits attached to the Motion for Summary Judgment
are true and correct copies of the originals and I declare all of the foregoing to be true and
correct.
SWORN TO AND SUBSCRIBED;
before me this y? day:
of 2008:
Notary Public
Margi wiatanowski
Limited Signing Officer
PENNSYLVANIA
COMMONWEAOF '
Mary Lynch. Notary County
Horsham T`NP^ No. 3, 2U7o
My ? Expires
venia Association of (1O1aries
Member. Pannsyl
GOLDBECK McCAFFERTY & McKEEVER
BY: DAVID FEIN, ESQUIRE
Attorney I.D. #82628
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE, LLC
3451 Hammond Avenue
Suite 150
Waterloo, IA 50702
VS.
ATHENA J. BRELLOS
and JOSEPH E. JIRAS
Mortgagors and Record Owners
2014 Lincoln Street
Camp Hill, PA 17011
No. 08-3488
PLAINTIFF'S MEMORANDUM OF LAW
IN SUPPORT OF
MOTION FOR SUMMARY JUDGMENT
1. PROCEDURAL HISTORY
This is an Action of Mortgage Foreclosure brought against the Defendants who are the
Mortgagors and Real Owners, of the real property located at 2014 Lincoln Street, Camp Hill, PA
17011 ("Property").
Plaintiff filed a Complaint and Defendant Joseph filed an Answer. Defendant Athena has
not responded to Plaintiffs Complaint. Plaintiff has obtained a default judgment as to Defendant
Athena and now moved for Summary Judgment as to Defendant Joseph. This memorandum is
offered in support of Plaintiffs Motion.
II. LEGAL ARGUMENT
Summary judgment is governed by Pa.R.C.P. 1035.1 et. sew., Pa.R.C.P. 1035.2 provides that
"After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any
party may move for summary judgment...." Summary judgment is appropriate to be entered: (1)
whenever there is no genuine issue of any material fact as to a necessary element of the cause of
action or defense..." Pa.R.C.P. 1035.2(1). Pa.R.C.P. No. 1141 notes that the foregoing assumpsit
rule shall apply to Actions of Mortgage Foreclosure.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Pa.R.C.P. 1035.2(2) requires the party who opposes the motion to provide the Court, in
response to the motion, with "...evidence of facts essential to the ... defense which, in a jury trial,
would require the issues to be submitted to a jury." Specifically, Pa.R.C.P. 1035.3 states, in
pertinent part:
(a) The adverse party may not rest upon the mere allegations or denials of the pleadings but
must file a response within thirty days after service of the motion identifying
(1) one or more issues of fact arising from evidence in the record controverting the evidence
cited in support of the motion or from a challenge to the credibility of one or more witnesses
testifying in support of the motion...
Plaintiff has included an affidavit in support of its Motion for Summary Judgment, pursuant
to Pa. R. C. P. 1035.4, which states in relevant part:
Supporting and opposing affidavits shall be made on personal
knowledge, shall set forth such facts as would be admissible
in evidence, and shall show affirmatively that the signer is
competent to testify to the matters stated therein. Verified or
certified copies of all papers or parts thereof referred to in an
affidavit shall be attached thereto or served therewith. The
court may permit affidavits to be supplemented or opposed
by depositions, answers to interrogatories, or further
affidavits.
The only issue before the Court is whether Defendant's Answer raises any legal or factual
issue, which provides a basis for denying Plaintiff its request for summary judgment. Plaintiff
respectfully suggests it does not.
Defendant Joseph has failed to respond to paragraphs 1 through 5 of the Complaint.
Plaintiff interprets Defendant Joseph's failure to respond as an admission of the averments therein,
specifically the identities of the parties, the making, execution, delivery, recordation and assignment
of the mortgage in question, the legal description of the Property, and the specific averments of
default. Plaintiff interprets this failure as a passive admission of the same.
Paragraph 6 of the Complaint contain the specific averments the amounts due and owing
upon the mortgage required to be averred in actions of mortgage foreclosure as set forth in
Pa.R.C.P. No. 1147(4) and (5). Defendant Joseph's Answer does not respond to the specific
averments of the amounts due and owing on the mortgage, and Plaintiff interprets this as a
passive admission of the default that led to the institution of these proceedings. Rather,
Defendant Joseph indicates that he is waiting on an appeal hearing under Act 91. However, on
June 26, 2008, the appeal was denied. A true and correct copy of the screen print from the
PHFA-HEMAP website is attached hereto and marked as Exhibit E. Further, as case law assumes
that answering Defendant Joseph has knowledge of his own mortgage account, he is deemed to
have admitted these specific allegations of default by failing to deny the allegations with any
specificity. See First Wisconsin Trust Company vs. Strausser and Perlber?er, 653 A.2d 688
(Pa.Super. 1995); New York Guardian Mortgagee Corporation vs. Dietzel, 524 A.2d 951 (Pa.
Super 1987) Cercone vs. Cercone, 386 A.2d 1 (1978); Pa. R. C. P. No. 1029. The lack of specific,
detailed response to Plaintiffs specific averments of defaults constitutes an admission of the default
and amounts due and owing upon the mortgage. See New York Guardian Mortgagee Corporation
vs. Dietzel, 362 Pa. Super 426, 524 A.2d 951 (Pa. Super 1987). Thus, while Defendants' default is a
legal conclusion, Plaintiff respectfully suggests this honorable Court should conclude, based upon
the deemed admissions of Defendant Joseph and the verified facts of Plaintiff in its affidavit in
support of its Motion, that Plaintiff is entitled to summary judgment.
Defendant Joseph's general denial is not a basis to deny Plaintiff judgment as a matter of
law. Default in an action of mortgage foreclosure is an absolute. Once default under the terms of
the mortgage has been established, the court must enter judgment in favor of the holder of the
mortgage. The question of accounting is saved for another day, specifically, after a Sheriffs Sale of
the Property. The Supreme Court of Pennsylvania held in Landau vs. Western Pennsylvania
National Bank, 445 Pa. 217,282 A.2d. 335 (1971):
The mortgagors are unquestionably entitled to an accounting, but that
accounting is not due until the property is sold at Sheriffs Sale and
distribution of the proceeds is made. Judgment in mortgage
foreclosure action must be entered for a sum certain or no execution
could ever issue on it. 445 Pa. at 226, 282 A.d. at 335.
This Supreme Court decision directs a court to enter summary judgment in favor of the
plaintiff/mortgagee where the defendant/mortgagor admits the default upon the mortgage. Landau
vs. W. Pa. Nat. Bank 455, Pa. 217,255-266,282 A. 2d 335, 340 (1971).
Pennsylvania Courts have long and repeatedly upheld the reasonableness and enforceability
of a request in an action of mortgage foreclosure for attorney's fees equal to 5% of the principal
balance of the mortgage as demanded in Plaintiffs Complaint at paragraphs 6 and 7. Robinson vs.
Loomis, 51 Pa. 78 (1865); Galligan vs. Heath, 260 Pa. 457 (1919); Foulke vs. Hatfield Fair Grounds
Bazaar, Inc., 196 Pa. Super Ct, 155 (1961); First Federal S&L Assn. vs. Street Road Shopping
Center, 68 D & C 2d 751,75 (Bucks County) (1974).
Moreover, as further explained in Paragraph 7 of Plaintiffs Complaint, the attorney's fees
demanded in Paragraph 6 of Plaintiffs Complaint would only be collected in the event of a third
party purchaser at Sheriffs Sale. Defendants continue to have the option of paying all arrears and
costs up to one hour before the Sheriffs Sale in conformity with the provisions of Act 6 in which
case attorney's fees will be assessed based on work actually performed. See, Pennsylvania Act 6 of
1974, 41 P.S. Section 401 et. s .
Plaintiff is entitled to be reimbursed for its reasonable and actual attorney's fees incurred. It
is respectfully suggested that should this Honorable Court find that the flat rate of 5% requested
raises a genuine issue of fact, summary judgment be granted Plaintiff as to all issues except
attorney's fees. Certainly, with default deemed to be admitted, it would be unfair and a waste of this
Court's valuable resources to conduct a trial in this matter if the only issue of genuine fact is the
demand for attorney's fees.
Defendant Joseph fails to respond to the averments of paragraph 8 of the Complaint.
Plaintiff submits, in paragraph 8, that it is not seeking a judgment of personal liability (or in
person am judgment) against Defendants in this action but reserves its right to bring a separate action
to establish that right, if such right exists. If Defendants have received a discharge of their personal
liability in a Bankruptcy proceeding, this action of mortgage foreclosure is, in no way, an attempt to
re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the
Mortgage and sell the Property pursuant to Pennsylvania law.
Finally, Defendant Joseph fails to respond to the averments of paragraph 9 of the Complaint
regarding Plaintiff s fully complied with Act 160 of 1998. The required notice was sent by Plaintiff
on May 2, 2008, and is attached Exhibits B of Plaintiffs Complaint. Moreover, in Defendant
Joseph's response to paragraph 6, he admits that he applied for Act 91 assistance.
III. CONCLUSION
All material averments of the within motion are verified in the attached signed and sworn
affidavit pursuant to Pa.R.C.P. No. 1035. The answering Defendant cannot simply rely upon the
averments of the Answer to raise an issue of fact. Phaff vs. Gardner, 451 Pa. 146, 303 A2d 352
(1973). Accordingly, Defendant Joseph's answer admits all material facts, there are no issues of
material fact and the Court should grant Plaintiffs Motion for Summary Judgment.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in
its favor and against Defendant Joseph as prayed for in Plaintiff s Complaint.
Respectfully submitted,
GOLDBE K MCCAFFERTY & MCKEEVER
BY:
David Fein, Esquire
Attorney for Plaintiff
GOLDBECK McCAFFERTY & McKEEVER
BY: DAVID FEIN, ESQUIRE
Attorney I.D. #82628
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
GMAC MORTGAGE, LLC
3451 Hammond Avenue
Suite 150
Waterloo, IA 50702
VS.
ATHENA J. BRELLOS
and JOSEPH E. JIRAS
Mortgagors and Record Owners
2014 Lincoln Street
Camp Hill, PA 17011
A. Complaint
B. Answer
C. Mortgage
D. Note
EXHIBIT LIST
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
No. 08-3488
E. HEMAP Denial
EXHIBIT "A „
GOLDBECK McCAFFERTY & McEEEVER
BY: MICHAEL T. MCKEEVER
ATTORNEY LD. #56129
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHU.ADELPHIA, PA 19106
ATTORNEY
(866) 413-2311
W W W.WLDBECIQ.AW.COM COPY
ATTORNEY FOR PLAINTIFF
I HEREBY CER71Fy THAT THIS IS
A TRUE AND CORRECT COPY OF
THE ORIGINAL. FILED
GMAC MORTGAGE, LLC
3451 Hammond Avenue
Suite 150
Waterloo, IA 50702
V8.
ATHENA J.BRELLOS
JOSEPH E. JIRAS
Mortgagors and Real Owners
2014 Lincoln Street
Camp Hill, PA 17011
Plaintiff
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. t9 -3898
CIV
IL ACTION: moRTGAGE
W%m
ECL4RE
NOTICE
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 the 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 fiuther notice for any money claim in the Complaint
of 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.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013 n
717-243-9400
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CUMBERLAND COUN
T'Y BAR ASSOCIATION t?; ?
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AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS
QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO
DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES
NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORRE EN FORMA ESCRITA, EL
PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA
DEMANDA.
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RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL
PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A
FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES
DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER
DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN
ABOGADO, VAYA O LLAME POR TE12FONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA
PUEDE PROVEERP, CON INFORMACION DE COMO CONSEUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO,1~ STA OFICINA PUEDE PROVBERt
INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS
ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
M FUtM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT
A DEBT OWED TO OUR CLIEN'T'. ANY INFORMATION OBTA,M FROM YOU
WILL BE USED FOR THE PURPOSE Qf COLLECTING THE DEBT
Resources available for Homeowners in Foreclosure
ACT NOWT
Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you
still may be able to SAVE YOUR HOME FROM FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-
9400 or.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling.
3). Visit HUD'S website wwwJwd.gov for Help for Homeowners Facing the Loss of Their Homes.
4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners
in default. Please See the PHFA website http://www.gh&otglconsumersJhomeowners/real.aspx.
5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home
Retention options.
6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage
or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email
at homeretention ggldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or
package you requested will be mailed to the address that you request or faxed if you leave a message with that
information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be
reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 6572917C.
Para informacion en espanol puede communicarse con Loretta al 215-825-6344.
This Action of Mortgage Foreclosure will continue unless you take action to stop it.
I. Plaintiff is Z'i10d? ?i ,'LLC, 3451 Hammond A*WWWW Wflifb¢AT .IS
A TRUE AND CORRECT COPY OF
2. The Haines and ses o e Defendants are ATHENA J. BRED, e? Camp
Hill, PA 17011 and JOSEPH E. JIRAS, 2020 Market Street, Camp Hill, PA 17011, who are the
mortgagors and real owners of the mortgaged premises hereinafter described.
3. On May 05, 2005 mortgagors made, executed and delivered a mortgage upon the Property hereinafter
described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR
GMAC MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of
Deeds of Cumberland County as Book 1906, Page 3693. The mortgage has been assigned to: GMAC
MORTGAGE, LLC by assignment of Mortgage April 29, 2008 and recorded on May 14, 2008 as
Instrument #200815828. The Mortgage and assignment(s) are matters of public record and are
incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which
Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are
matters of public record.
4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit
"A» ("property")
5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid
for November 01, 2007 and each month thereafter and by the terms of the Mortgage, upon default in
such payments for a period of one month or more, the entire principal balance and all interest due and
other charges are due and collectible.
6. The following amounts are due to Plaintiff on the Mortgage:
Principal Balance .................................................................................. $139,152.73
Interest from 10/01/2007 through 05/31/2008 at 5.3750% ................... ....$4,999.55
Per Diem interest rate at $20.49
Reasonable Attorney's Fee at 5% of Principal Balance
as more fully explained in the next numbered paragraph ............... ....$6,957.64
Late Charges from 11/01/2007 to 05/31/2008 ...................................... .......$282.17
Monthly late charge amount at $40.31
Costs of suit and Title Search ............................................................... .......$900.00
Escrow Advance ..............................................................................................$0.00
Property Inspections .........................................................................................$0.00
Monthly Escrow amount $98.98
$152,292.09
7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less
than the amount demanded based on work actually performed. The Attorney's Fees requested are in
conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up
to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at
Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount
demanded in the Action.
8. Plaintiff is not seeking a judgment of personal liability (or an "ire personam" judgment) against the
Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such
right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy
proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal
liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property
pursuant to Pennsylvania law.
9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has
been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the
Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s)
attached hereto as Exhibit "B". The date of the postmark on the Notice was the same as the date of the
Notice. The Defendants had the required face to face meeting within the required time and Plaintiff has
been advised that the Defendants filed an application for mortgage assistance with the Pennsylvania
Housing Finance Agency, the Plaintiff has been advised by the Pennsylvania Housing Finance Agency
that the Defendants' application has been rejected.
WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $152,292.09,
together with interest at the rate of $20.49, per day and other expenses, costs and charges incurred by the
Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law
until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property.
By.
GOLDBECK McCAFFERTY & MCKEEVER
BY: MICHAEL T. MCKEEVER, ESQUIRE
ATMRNEY FOR PLAINTIFF
VERIFICATION
Jeffrey Stephan
United Signing Officer
as the representative of the Plaintiff corporation
within named do hereby verify that I am authorized to and do make this verification on behalf of the
Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the
best of my knowledge, information and belief. I understand that false statements therein are made
subject to the penalties of 1 Pa. C.S. 4904 relating to unsworn falsification to authorities.
Date: - ? CMAC Mortgaga, LL,C
OMAC Mortgage Cmpotatan
Limited
0578650905 ATHENA J. BRELLOS and JOSEPH E. JIRAS
?hibitA
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BK 1906PS3688
EXhibit B
ACT 91 NOTICE
DATE OF NOTICE: May 2, 2008
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A
DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THE FURPOSE OF COLLECTING THE DEBT.
This is an official notice that the mortgage on your home is in default, and the
lender intends to foreclose Specific information about the nature of the default is provided in
the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP?v be
able to help to save your home This Notice explains how the program works
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this
Notice with you when you meet with the Counseling_Ag_ency.
The name address and phone number of Consumer Credit Counseling Agencies serving
your County are listed at the end of this Notice. If you have any questions, you my call the
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with W=iared
hearing can call (717) 780-186D
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact any attorney in your area. The local bar association may be able
to help you find a lawyer.
La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuer
viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion
immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al
numeeo mencionada arnba. Puedes ser elegible pars un prestamo por el programa llamado
"Homeowner's Emergency Mortgage Assistance Program" el coal puede salvar su casa de la
perdida del derecho a redimir su hipoteca.
Prepared by: GOLDBECK McCAFFERTY & McKEEVER
Suite 5000 - Mellon Independence Center.
701 Market Street
Philadelphia, PA 19106
Fax (215) 627-7734
Date: May 2, 2008
TO: ATHENA J. BRELLOS
Homeowners Name: ATHENA J. BRELLOS and JOSEPH E. JIRAS
Property Address: 2014 Lincoln Street, Camp H11% PA 17011
Loan Account No.: 0578650905
Original Lender: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS
NOMINEE FOR GMAC MORTGAGE CORPORATION
Cocrent Lender/Servicer: GMAC MORTGAGE CORPORATION
HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL
ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE
MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE
ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
* IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
* IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
* IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you
must arrange and attend a "face-to-face" meeting with one of the designated consumer credit
counseling agencies listed at the end of this Notice.
THIS MEETING MUST OCCUR WITHIN THE NEXT (301 DAYS. IF YOU DO NOT
APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE
YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO
DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against you
for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of
designated consumer credit counseling agencies for the county in which the property is located are set
forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your
lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the nature of
your default.) If you have tried and are unable to resolve this problem with the lender, you have the
right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance
Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance
Program Application with one of the designated consumer credit counseling agencies listed at the end
of this Notice. Only consumer credit counseling agencies have applications for the program and they
will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency.
Your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR
IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your
application. During that time, no foreclosure proceedings will be pursued against you if you have met
the time requirements set forth above. You will be notified directly by the Pennsylvania Housing
Finance Agency of its decision on your application.
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring It no to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property
located at: 2014 Lincoln Street, Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due:
(a) Monthly payment from 11/01/2007 thru 5/2/2008
(7 mos. at $865.03/month) $6,055.21
(b) Late charges from 11/01/2007 thru 5/2/2008 $282.17
(c) Other charges; Escrow, Inspec., NSF Checks
(d) Other provisions of the mortgage obligation, if any
(e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $6,337.38
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH
IS $6337.38. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME
DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check,
certified check or money order made payable and sent to:
GMAC MORTGAGE, LLC
LOSS MITIGATION DEPARTMENT
3451 Hammond Avenue
Waterloo, IA 50702
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default
within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise Its rights tQ
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 full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.
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 your case to its attorneys, but you cure the
delinquency before the lender brings legal proceedings against you, you will still be required to pay the
reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are
started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender
even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which
may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY
yeriod,youu will not be recuired to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the
default within the THIRTY (30) DAY period and foreclosure proceedings have begun, You still have
the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale.
You may do so by paging the total amount then 09 due. plus any late or other charges then due,
reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected
with the Sheriffs Sale as specified in writing by the lender and by _performing my other requirements
under the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as If you had never defaulted.
EARLIEST POSSIBLE SHE "IS SALE DATE - It is estimated that the earliest date that such a
Sheriffs Sale of the mortgaged property could be held would be approximately four (4 to six (6)
months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to
you before the sale. Of course, the amount needed to cure the default will increase the longer you wait.
You may find out at any time exactly what the required payment or action will by contacting the
lender.
HOW TO CONTACT THE LENDER:
Name of Lender: GMAC MORTGAGE, LLC
Address: 3451 Hammond Avenue
Waterloo, IA 50702
Phone Number: 800-850-4622
Fax Number: 319-236-7437
Contact: Loss Mitigation Department
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of
the mortgaged property and your right to occupy it. If you continue to live in the property after the
Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by
the lender at any time.
ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who
will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees
and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
* TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT
HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIK4ES 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 MAY HAVE TO SUCH
ACTION BY THE LENDER.
* TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Contact: Loss Mitigation Department
Phone Number: 500-850-4622
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
CUMBERLAND COUNTY
CCCS OF WESTERN PENNSYLVANIA INC.
2000 Linglestown Road
Harrisburg, PA 17102
(717)541-1757
URBAN LEAGUE OF METROPOLITAN HARRISBURG
2107 N. 6th Street
Harrisburg, PA 17101
(717) 2345925
FAX (717) 2349459
COMMUNITY ACTION COMM OF THE CAPITAL REGION
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
FAX 2342227
FINANCIAL COUNSELING SERVICES OF FRANKLIN
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
YWCA OF CARLISLE
301 G Sheet
Carlisle, PA 17013
(717)243-3818
FAX (717) 731-9589
ADAMS COUNTY HOUSING AUTHORITY
139-143 Carlisle Street
Gettysburg, PA 17325
(717)334-1518
FAX (717) 3348326
GMAC Mortgage, LLC
3451 Hammond Avenue
Waterloo , IA 50702
Date: OV03/08
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR. HOME FROM FORECLOSURE
This is an official notice that the mortgage on Your home is In default. and the lender intends to foreclose. Speclfk
information about the nature of the default Is provided in the attacked pagtL
The HOMEOWNER S MORTGAGE ASSISTANCE PROGRAM [HEMAPI may be able to help to save Your
home. This Notice explains how the gregraM wo kL
To see if H_EMAY cAs help, von meat MEET WITH A CONSUMER CREDIT COUNSELINQ AGENCY
WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with von when von meet with the
Counsellng Agency.
The name, address aad phone number of Consumer Credit Cgsameitag Aaeacks serving vour_ County are listed at the
end of tbis Notice. U you have any questions. You may call the Peausylvanis Housing Finance Agency toll free at 1-
800 342-a397 (Persons with bnpaired hearLg can call (717) 780-1869).
This Notice contains important legal Information. If you bave any questions, representatives at the Consumer Credit
Conuseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local
bar association may be able to help you Had a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, DUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION, OBTENGA UNA TRADUCCION U1 MEDIATAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM, EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDBUR SU HIPOTECA.
HOMEOWNER S NAME(S):
ADDRESS:
CAMP HILL
LOAN ACCOUNT NUMBER
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
JOSEPH E JIRAS
2014 LINCOLN ST.
PA 17011-0000
0578650905
GMAC Mortgage, LLC
HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE ACT ), YOU MAY BE ELIGIBLE FOR EMERGENCY
MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of foreclosure on
your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-
face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. IBIS MEETING
MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERC,IENCY
MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS
NOTICE CALLED HOW TO CURE YOUR MORTGAGE DEFAULT EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer credit counseling
agencies listed at the and 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 tclenhone numbers of deaignaW cmnsnrner credit counseling ago== for the counlp in
which the ngty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting.
Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in
this Notice (see following pages for specific information about the nature of your default) If you have tried and are unable to
resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner s Emergency
Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner s Emergency Assistance
Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only
consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30)
days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO
NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGNiCY ACTION - Available fltnds 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. During that time, no foreclosure proceedings will be pursued
against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing
Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES
ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have Sled bankruptcy you can still apply for Eme eacy Mortgage Assistamm)
HOW TO CURE YOUR MORTGAGE DEF&= (Brine it tta to date).
NATURE OF THE DEFAULT The MORTGAGE debt held by the above lender is on your property located at 2014
LINCOLN ST. CAMP HILL PA 17011-0000 IS SERIOUSLY IN DEFAULT
because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: 11/01/07 through 01/01/08. See attached Exhibit for payment breakdown.
Monthly Payments $ 2595.09
Late Charges $ 80.62
NSF $ 0.00
Inspections $ 11.25
Other (Default Expenses and Fees) $ 0.00
Optional Insurance $ 0.00
Suspense $ 0.00
TOTAL AMOUNT PAST DUE: $ 2686.96
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not avnlicable):
HOW TO CURE THE DEFAW You may cure the de&ult within THIRTY (30) DAYS of the date of this notice
BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2686.96, PLUS
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY
(30) DAY PERIOD. payments must be made either by cash cashier s check or certified check made payable and sent to:
GMAC Mortgage, LLC
ATTN: Payment Processing
3451 Hammond Avenue
Waterloo , IA 50702
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:
(Do not use ifuot annlicable.)
Not Applicable
IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) DAYS of the date
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 full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose uRy r morteaged property.
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 your case to its attorneys, but you cure the delinquency before the lender begins legal
proceedings against you, you will still be required to pay the reasonable attorney s fees that were actually incurred, up to
$50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney s fees actually
incurred by the lender even if they exceed 550.00. Any attorney s fees will be added to the amount you owe the lender,
which may also include other reasonable costs. If you cure the default within the THIRTY (301 P_4 n Period. you will
not be reanired to pay attorney s tees.
OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance and all other
sums due under the mortgage.
RIGHT TO cuRE THE DEFAULT =g Ig CHEg= s SUZ If you have not cured the default within the
THIRTY (30) DAY period and foreclosum proceedings have begun, you still have the right to cure the default and preveMt
the sale at any lima uP to one hour before the Sheriff s Sale You may do so by_pg3C= the total amount then DIg due. via
=late or other ebg= then due, masonable attorney s fees and costs con_--- with?he foreclosure sale and any other
1b ease. Curing your default In the manner set forth. in this notice will restore your mortgage to the same
position as if you had never defaulted.
EARL MST ]POSSIBLE SEMRIFF S SALE DATE It is estimated that the earliest date that such a Sheriff s Sale of
the mortgaged property could be held would be approximately six (O months from the date of this Notice. A notice of the
actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will
increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting
the lender.
HOW TO CONTACT THE LWDZH:
Name of Lender: GMAC Mortgage, LLC
ATTN: Loss Mitigation
Address: 2711 North Haskell Ave.
suite 90x}
Dallas, TX 75204
Phone Number. 800-850-4622
Fax Number: 800-211-3561
Contact Person: Collection Department
EFFECT OF SHERIFFS SALE You should realize that a Sheriff s Sale will end your ownership of the mortgaged
property and }roar right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you
and your furnishings and other belongings could be started by the lender at any time.
ASSUM]p"I'IO OF MORTAGE You MAY or MAY NOT sell or transfer your home to a buyer or transferee who
will assuage the mortgage debt, provided that all the outstanding payments, charges and attorney s fees and costs are paid
prior to or at the sale and that the other requirements of the mortgage are satisfied
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, 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 LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY
THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER E COM LIN . AGENCMS SERVING YOUR COUNTY IS Etvrr.ncM
Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for
that purpose.
If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately
at 800-950-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning
this matter.
Collection Department
Loan Servicing
5039
EXHIBIT
11/01/07 through 01/01/08 Mo. Pmt Amt. $ 863.03
EXHIBIT " 6
GMAC MORTGAGE J.LC IN COURT OF COMMON PLEAS
3451 Hammond Avenue OF CUMBERLAND COUNTY
Suite 150
Waterloo. IA 50702 CPAL ACTION-LAW
MORTGAGE FORECLOSURE
NO. 08-3488
Plaintiff
Vs.
ATHENA J. BRELLOS
JOSEPH E. JIRAS
2014 LINCOLN STREET
CAMP HILL, PA 17011
Defendants
ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE
AND KNOW comes the Defendant, Joseph E. Jima, and files the following answer
to the said complaint.
6. Admitted in part, denied in part. Defendant is currently waiting an appeal
bearing under Act 91 filed with Commonwealth Court of PA on June 25,200&
Attorney fees were reduced by Plaintiff attorney, balance is not accurate. Defendant
contacted Loss Mitigation Department and filed for a payment plan of loss on June
10, 200&
EXHIBIT A
HOMEOWNER PROPOSAL
TO
REMAIN IN THE PROPERTY
ATHENA J.B
2014 Stred
0717 627
C Hill, PA 17011
JOSEPH E. BRAS
2014 Lincoln Street
07176088627
Mortgage Lender. GMAC MORTGAGE CORPORATION
Account or Loan number. 0578650905
Law Firm File Number: 65729FC
It is strongly recommended that you contact an attorney and non-profit credit counseling agency before submitting any
proposal to your lender. Please be sure to review the first page carefully and thoroughly before proceeding.
We will have fiords available by (date). Please order a figure and mail/Wemail it to me.
We have already received the Reinstatement Figure and will be able to mare the payment due
by (date).
We request that you delay the foreclosure action until (date).
PAYMENT PLAN
The approximate amount due on my mortgage is $ aZ 0 0 . G
w"W-e offer to the mortgage default by making an upfont payment in the amount of $ O • Oby
o . tt _8 (date)
and
Paymerrts of S b' • d 0 on the 21 day for of months until the mortgage default is cured.
LOAN MODIFICATION
_ We would lilte the lender to modify our loan and we can make payments of S per month.
We can make an upfront payment of S
Please reduce the interest rate from % to %.
Please reduce the amount owed from $ to S'
A Date: 13 i}
ur: of Ho weer
i
4 65729FC
EXHIBIT B
TO: COMMONWEALTH COURT OF PENNSYLVANIA
FROM: JOSEPH JIRAS
RE: FILING APPEAL OF HEARING EXAMINER DECISION ON JUNE 26, 2003
TO WHOM IT MAY CONCERN:
I, JOSEPH E. JIRAS AM FILING AN APPEAL REGARDING THIN DECISION CARMELA
SWARM HEARING EXAMINER FILED ON JUNE 26,200& THANK YOU.
JOSEPH JIRAS
Fuel to Commonwealth Court of PA on July A 2908
VERIFICATION
L Joseph E. Jiras. Verify that the statements made in the foregoing Complaint for
Mortgage Foreclosure are true and correct to the best of my knowledge. Information and
believe. I understand that false statements herein are made subject to the penalties of 18
Pa. C.S.A. Section 4904. Relating to unsworn falsification to authorities.
J E. Jirxs
Date: 7'°2 S-o 7(
EXHIBIT "?"
?;? ,?? ao PCi 3 09
Prepared by: Cathy Galanaugh
for: GMAC Mortgage Corp.
After Recording Return To:
GMAC Mortgage Corp.
100 Witmer Road
Horsham, PA 19044-0963
ATTN: Records Management
(Space Above Tbts tine For Recordin= Datal
Loan No. 578650905
MIN 1000375-0578650905-2
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words arc defined in sections 3,
11. 13, 18. 20 and 21. Certain rules regarding the usage of words used in this document are also provided in
Section 16.
(A) "Security Instrument" means this document, which is dated May 5,
2005 , together with all Riders to this document.
(B) "Borrower" is
Joseph E. Jiras and Athena J. Brellos
Borrower is the mortgagor under this Security Instrument.
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is
acting solely as a nominee for Fender and Lender's successors and assigns. MERS is the mortgagee under
this Security Instrument. MERS is organized and existing under the laws of Delaware. and has an address
and telephone number of P.O. Box 2026, Flint. MI 48501-2026, tel. (888) 679-MFRS.
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(D) "Lender" is
GMAC Mortgage Corporation
Lender is a Corporation organized and existing under the
laws of Pennsylvania . lender's address is
100 Witmer Road, P.O. Box 963, Horsham, PA 19044
(E) "Note" means the promissory note signed by Borrower and dated May 5,
2005 , The Note states that Borrower owes Leader
One Hundred Forty Four Thousand and 00/10o
Dollars (U.S. S 144,000.00 ) plus interest. Borrower has promised to pay this debt in regular
Periodic Payments and to pay the debt in full not later than June 1, 2035
(I) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property.'
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
® Adjustable Rate Rider ? Condominium Rider ? Second Home Rider
Q Balloon Rider ? Biweekly Payment Rider 0 14 Family Rider
? Other(s) [specify) ED Planned Unit Development Rider
(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(.n "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and
other charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or
credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(1M "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any pan of the Property;
(iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
condition of the Property.
LOAN NO: 578650905
PENNSYLVANIA - Sink Fay? _ F"a MmVFndhe Mac UNIFORM INSTRUMENT Fwm xr t
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(M "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under
the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time,
or any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, 'RESPA" refers to all requirements and restrictions that are imposed in regard to a
'federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan'
under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of
MFRS, the following described property located in the
County
('type of Reeordmg Jur6dktiool
of Cumberland
(Name of Recording Jurisdiction)
According to Schedule "A" attached hereto made apart hereof
which currently has the address of
2014 Lincoln St.,
/srnerj
Camp Hill !! , Pennsylvania 1701rzoCode/ ("Property Address'):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. Al( replacements and additions
shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security
Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the
interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom,
MFRS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of
those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action
required of Lender including, but not limited to, releasing and canceling this Security Instrument.
PENNSYLVANIA-seshFamh-F=wmat* - I- mutwwoR.MINARUML%T F? NO: 578650905
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BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against 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 security instrument covering real
property.
UNIFORM COVENANTS. Borrower and [.ender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shalt also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due
under the Note and this Security Instrument be made in one or more of the following forms, as selected by
Lender. (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring
the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current,
without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in
the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each
Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied
funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If
Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return
them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under
the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the
future against lender shall relieve Borrower from making payments due under the Note and this Security
Instrument or performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by lender shall be applied in the following order of priority: (a) interest due
under the Note, (b) principal due under the Dote; (c) amounts due under Section 3. Such payments shall be
applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be
applied first to late charges, second to any other amounts due under this Security Instrument, and then to
reduce the principal balance of the Note.
LOAN NO: 578650905
PENNSYLVANIA - Smsu F.1y - Fmit MadFmddit Mat UNIFORM ISMUMFl.T rwo 1
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If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late
charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full.
To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic
Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to
any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount. of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Leader on the day Periodic Payments are due under the
Note, until the Note is paid in full, a sum (the 'Funds") to provide for payment of amounts due for: (a) taxes
and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance
on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all
insurance required by lender under Section S; and (d) Mortgage Insurance premiums, if any, or any sums
payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the
provisions of Section 10. These items are called "Escrow Items.' At origination or at any time during the term
of the Loan, Lender may require that Community Association Dues, Fees and Assessments, if any, be escrowed
by Borrower, and such dues, fees, and assessments shall be an Escrow Item. Borrower shall promptly furnish to
Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow
Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items, lender may
waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver
may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the
amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender
requires, shalt furnish to Lender receipts evidencing such payment within such time period as Lender may
require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed
to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement' is
used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower
fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such
amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may
revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section IS and.
upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under
this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit lender to apply
the Funds at the time specified tinder RESPA, and (b) not to exceed the maximum amount a lender can require
under RESPA. Lender shalt estimate the amount of Funds due on the basis of current data and reasonable
estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality.
or entity (including Lender. if Lender is an institution whose deposits are so insured) or in any Federal Home
Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA.
Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or
verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits
Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be
LOAN NO: 578650905
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paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds.
Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give
to Borrower, without charge, an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, !.ender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as
defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender
the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly
payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify
Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Lims. Borrower shall pay all taxes, assessments. charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground
rents on the Property, if any, and Community Association Dues, Fees. and Assessments, if any. To the extent
that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending, but ordy until such proceedings are concluded; or
(c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security
Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over
this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on
which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in
this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term 'extended coverage,' and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The
insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove
Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in
connection with this Loan, either: (a) a one-time charge for floodzone determination, certification and tracking
services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges
each time remappings or similar changes occur which reasonably might affect such determination or certification.
Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management
Agency in connection with the review of any flood zone determination resulting from an objection by Borrower.
LOAN NO: 578650905
MN,NSYLYARIA - sagk rsmg) - F=w MtdFe86t Mr l NIKAM VWitt;MF_%T Fom ]tiM OI
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If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular
type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect
Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or
liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that
the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower
could have obtained. Any amounts disbursed by lender under this Section S shall become additional debt of
Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date
of disbursement and shall be payable, with such interest, upon notice from Gender to Borrower requesting
payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee
and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If
Lender requires, Borrower shall promptly give to tender all receipts of paid premiums and renewal notices. If
Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or
destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as
mortgagee and/or as an additional loss payee.
In the event of loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing. any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's
security is not lessened. During such repair and restoration period, Lender shall have the right to hold such
insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been
completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may
disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the
work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on
such insurance proceeds, Lender shalt not be required to pay Borrower any interest or earnings on such
proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the
insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically
feasible or lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by
this Security Instrument, whether or not then due, with the excess. if any, paid to Borrower. Such insurance
proceeds shall be applied in the order provided for in Section 2.
It Borrower abandons the Property, Lender may file. negotiate and settle any available insurance claim
and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not
to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights
(other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies
covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the
insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this
Security Instrument, whether or not then due.
LOAN NO: 578650905
MNSYLYANIA - s** FuL* - tows mws m me mac waroam msrRUwFVr r« sw r
CMACht - CMS.0032.PA 104121 (Page 7of 17) lnhiats z
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6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing. which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property.
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to
Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if
damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or
restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds
for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.
If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not
relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may snake reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge
or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to
provide Lender with material information) in connection with the Loan. Material representations include, but
are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal
residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If
(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a
legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations),
or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or
appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including
protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's
actions can include, but are not limited to. (a) paying any sums secured by a lien which has priority over this
Security Instrument, (b) appearing in court: and (c) paying reasonable attorneys' fees to protect its interest in
the Property and/or rights under this Security instrument, including its secured position in a bankruptcy
proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change
locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code
violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under
this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that
Lender incurs no liability for not taking any or all actions authorized under this Section 9.
LOAN NO: 578650905
PEWSYLVAhIA - SLmgk F.Wy - Fora MwOradda Ma UNIF01tM 114TRUMfYr Fw l0.lf t
G%Uat • C?1S.003I.PA (11112) (Page R of 17) Initials:
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Any amounts disbursed by tender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless
lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the
Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments toward
the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the
cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by
Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shalt continue to
pay to lender the amount of the separately designated payments that were due when the insurance coverage
ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu
of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is
ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss
reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount
and for the period that lender requires) provided by an insurer selected by lender again becomes available, is
obtained, and Lender requires separately designated paymenu toward the premiums for Mortgage Insurance. If
Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make
separately designated payments toward the premiums for Mortgage Insurance. Borrower shall pay the premiums
required to maintain Mortgage Insurance in effect. or to provide a non-refundable loss reserve, until the
Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower
and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a party io the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to tithe, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are
on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these
agreements. These agreements may require the mortgage insurer to snake payments using any source of funds
that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance
As a result of these agreements, Leader, any purchaser of the Note, another insurer, any reinsurer, any
other entity. or any affiliate of any of the foregoing. may receive (directly or indirectly) amounts that derive
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for
LOAN NO: 578650905
PENNSYLVANIA - SO& FaeWy - Fame* MWFteOI Mat t;ti1HMM Nin tUmOrr Far" X* ?
GMACM - CMS.8032.PA (0432) (Post, 9 of 17) Initiou.
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sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an
affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer, the arrangement is often termed 'captive reinsurance.' Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - If any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any
Mortgage Insurance premiums That were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During
such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until
lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's
satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and
restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an
agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,
Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due. with the
excess, if any, paid to Borrower.. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if
any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater
than the amount of the sums secured by this Security Instrument immediately before the partial taking,
destruction. or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this
Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following
fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in
value divided by (b) the fair market value of the Property immediately before the partial taking, destruction. or
loss in value. Any balance shall be paid to Borrower.
LOAN NO: 578650405
PENNSYLVANIA - S sk Family - Fame MadFmd * Mae UMFORM U.STRUMFAT Fars Mrs Im
CN ACM - C%1S.0032.PA (0412) (pop 10 of 17) Inittats:
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In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or toss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower. or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages.
Borrower fails to respond to Lender within 30 days after the date the notice is given. Lender is authorized to
collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums
secured by this Security Instrument, whether or not then due. 'Opposing Party' means the third party that
owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to
Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal. is begun that. in
Lender's judgment, could result in forfeiture of the Property or other material impairment of tender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be
dismissed with a ruling that. in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Leader's interest in the Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of atnonization of the stems secured by this Security Instrument granted by lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or
any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any
Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization
of the stems secured by this Security Instrument by reason of any demand made by the original Borrower or
any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy
including, without limitation. Lender's acceptance of payments from third persons. entities or Successors in
Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the
exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower
covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any
Borrower who co-signs this Security Instrument but does not execute the Note (a 'co-signer"): (a) is
co-signing this Security instrument only to mortgage, grant and convey the co-signer's interest in the
Property under the terms of this Security Instrument; (b) is not personally obligated to pay the stuns secured
by this Security instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify,
forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without
the co-signer's consent.
LOAN NO: 578650905
M1%NM.VA%1A - sftr Fmily - Faoeie MadFwear Mac UNIFORM a rtxuNWvr Tem AN M
G.%1AC?t - 431S.0032.PA (4412) (Page 11 of 17) loners:
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Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all
of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section
20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In
regard to any other foes, the absence of express authority in this Security Instrument to charge a specific fee
to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees
that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted
so that the interest or other loan charges collected or to be collected in connection 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 exceeded 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 partial prepayment without any prepayment charge (whether or not a prepayment charge is
provided for under the Note). Borrower's acceptance of any such refund made by direct payment to
Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All Notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice
address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify
Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of
address, then Borrower shall only report a change of address through that specified procedure. There may
be only one designated notice address under this Security Instrument at any one time. Any notice to Lender
shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless
Lender has designated another address by notice to Borrower. Any notice in connection with this Security
Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice
required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement
will satisfy the corresponding requirement under this Security Instrument.
LOAN NO: 578650905
Pt INNSY1.VANIA -SM* Fautr - Facie Msffiedda Mat UNIFORM IVSrRUMC%T Fa.s Ny
GMACAt - CMS.0032.PA (0412) (Page 11 of 17) luitials: ?j 71
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16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed
by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations
contained in this Security Instrument arc subject to any requirements and limitations of Applicable Law.
Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but
such silence shalt not be construed as a prohibition against agreement by contract. In the event that any
provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not
affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting
provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender: (b) words in the singular shall mean and include
the plural and vice versa; and (c) the word 'tray" gives sole discretion without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
'Interest in the Property' means any legal or beneficial interest in the Property. including, but not limited to.
those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent. Lender may require immediate payment in full of all sums secured by this Security Instrument.
However. this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice.shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within
which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums
prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument
without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower
shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest
of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument;
(b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c)
entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all
sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;
(b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this
Security Instrument, including. but not limited to, reasonable attorneys' fees, property inspection and valuation
fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest
in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by
this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement
sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c)
certified check. bank check, treasurer's check or cashier's check, provided any such check is drawn upon an
institution whose deposits are insured by a federal agency. instrumentality or entity: or (d) Electronic Funds
LOAN NO: 578650905
Phi :?$YLVAa?tA - S qk Fsuy - Fare Mwdkedte M: tMORM *=1t M/F%T F-_
GMACM - CMS.0032.PA (4412) (Pate 13 of 17) initials X
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Transfer. Upon reinstatement by Borrower. this Security Instrument and obligations secured hereby shall
remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the
case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance- The Note or a partial interest in
the Note (together with this Security Instrument) can be sold one or more tithes without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer') that collects Periodic
Payments due under the Note and this Security Instrument and performs other mortgage loan servicing
obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more
changes of the Loan Servicer unrelated to a sale of the Note. If then is a change of the Loan Servicer,
Borrower will be given written notice of the change which will state the name and address of the new Loan
Servicer, the address to which payments should be made and any other information RESPA requires in
connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a
Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will
remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note
purchaser unless otherwise provided by the Note purchaser.
Neither Borrower not lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in
compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy
the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
'Environmental law' means federal Iaws and laws of the jurisdiction where the Property is located that relate to
health, safety or environmental protection; (c) "Environmental Cleanup' includes any response action, remedial
action, or removal action, as defined in Environmental Law; and (d) an 'Environmental Condition' means a
condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor
allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b)
which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous
Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences
shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that
are generally recognized to be appropriate to normal residential uses and to maintenance of the Property
(including, but not limited to, hazardous substances in consumer products).
LOAN NO: 578650905
t?ETTi$YLVA\lA -Burk Farry - facie Mae/Fre00rc Mac U?lF{1RM 1?'STRUNI.NT Foy i
GMACN - CKIS.0032.PA (4412) (Page 14 of 17) Inls:
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Borrower shalt promptly give Lender written notice of (a) any investigation, claim. demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental
Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any
Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance
which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or
regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance
affecting the Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance
with Environmental Law. Nothing herein shalt create any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration
under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among
other things: (a) the 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 secured by
this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further
inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure
proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure.
If the default is not cured as specified, Lender at its option may require immediate payment In full of all
sums secured by this Security Instrument without further demand and may foreclose this Security
Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing
the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title
evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and become void. After such occurrence, !.ender shall discharge and
satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee
for releasing this Security Instrument. but only if the fee is paid to a third party for services rendered and the
charging of the (cc is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future
laws providing for stay of execution, extension of time, exemption from attachment, levy and sale. and
homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one
hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is tent to
Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rue payable from time to time under the
Note.
IRAN NO! 578650905
PENNSYLVAJVA - Siege Faddy .• Fame MuJFCM* Mae UNFORM LySrIUMENr rr.lOl/
GMACM - C.NS.OOLPA (0412) (Pads M of !7)
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BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
-(;?A (Seal)
Jo h E Jiras -Borrower
1_4e? (Seal)
t:hena J . re s -Borrower
Witnesses:
(Seat)
-Borrower
(Seal)
-Borrower
LOAN NO: 578650905
PENNSYLVANIA - S gk F&Mly - Faatie Mxffmdmc Mx UNIFORM INSTRUMthT Form A" No
CRtACM - CMS.0032.PA (0412) (Page 16 of 17)
_._^0-nr
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA,
COUNTY OF -earba SS
On this, the 5th day of May, 2005 before me, the undersigned
officer, personally appeared
Joseph E. Jiras and Athena J. Brellos
known to me (or satisfactorily proven) to be the person(s) whose name(s) IS subscribed to the within
instrument and acknowledged that HE executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
COMMONWEALTH Of PENNSYLVANIA 2d.'r-?-C a ?4z
NOTARIAL SEAL `
CHERYL A. SWARTZ, Notary Public
Sunlehanna Twp., Dauphin County
My Cwmni:saon Ewes AprN S. 2006
I certify that the address of the foregoing mortgagee is
P.O. Box 2026
Flint, MI 48501-2026
Witness my hand this 5th day of May 2005
A&CM of An-Be,
LOAN NO: 578650905
PIUNNSYLVAINIA - sialk eauy - Faer maz* mw Na uxaFoa x aaaratumEw ea.7L1O ,?-
GMACM - CMS.0032.PA (0412) (Pace 17 of 17) loittats:
6KI906PG3687
SCHEDULE "A"
PARCEL NO. 01-21-0271-1358
ALL THAT CERTAIN tract of land situate in Camp Hill Borough, Cumberland County.
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Lincoln Street, formerly Berkley Street, on
the dividing line between Lots 156 and 157 on the hereinafter mentioned plan of lots;
thence In a westerly direction along the northern line of! Lincoln Street, a distance of 60
feet to a point on the dividing line between Lots 158 and 159 on said plan; thence in a
northerly direction along said dividing line between lots 158 and 159, a distance of 100
feet to a point on the southern line of Lot 179 on said plan; thence in an easterly
direction along the southern line of Lot 179 and Lot 180 on said plan, a distance of 60
feet to a point on the dividing line between Lots 156 an8 157 on said plan; thence in a
southerly direction along said dividing line between Lots 166 and 157 on said plan, a
distance of 100 feet to a point on the northern Une of Lincoln Street aforesaid, the point
and place of BEGINNING.
BEING Lots Nos. 157 and 158 on the plan of Camp Hill Estates as recorded in the
Cumberland County Recorder of Deeds Offioe In Plan Book 1, Page 90.
HAVING thereon erected a single family dwelling house known and numbered as 2014
Lincoln Street.
UNDER AND SUBJECT. nevertheless, to all oonditions, restrictions, easements and
rights of way of prior record.
I Cci-ti .' this to be recorded
Ii, Cumberland County PA
Recorder of Deeds
BK 1906PG3688
ADJUSTABLE RATE RIDER
(LIBOR One-Year Index (As Published In The Wall Street Journal') - Rate Caps)
THIS ADJUSTABLE RATE RIDER is made this 5th day of
May . 2005 , and is incorporated into and shall be
deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security
Instrument') of the same date given by the undersigned (the 'Borrower') to secure the
Borrower's Adjustable Rate Note (the "Note') to
GMAC Mortgage Corporation
(the
"Lender') of the same date and covering the property described in the Security Instrument and
located at:
2014 Lincoln St.
Camp Hill, PA 17011
(Psgxrty Addmsj
THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN
THE INTEREST RATE AND THE MONTHLY PAYMENT. THE
NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE
CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE
BORROWER MUST PAY.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in
the Security Instrument. Borrower and Lender further covenant and agree as follows:
A. INTEREST RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an initial interest rate of 5.375 9G. The Note
provides for changes in the interest rate and the monthly payments as follows:
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate I will pay may change on the first day of June ,
2008 , and on that day every 12th month thereafter. Each date on which my interest
rate could change is called a 'Change Date.'
(B) The Index
Beginning with the first Change Date, my interest rate will be based on an Index. The
"Index" is the average of interbank offered rates for one-year U.S. dollar-denominated deposits
LOAN NO: 578650905
MuLinSTATE ADJUSTABLE RATE RIDER
WSJ Out-Year LIBOR - smile inoi!} . Fawn Mac
tl?tr?ea i?'STALMt?7 Form 31tf9 6101
(Pose 1 of 4) 296852593
GNfACM-CRM.1370 (0206) tnfiSK ! 906PG3689
in the London market ("LIBOR'), as published in The Walt Street Journal. The most recent
Index figure available as of date 45 days before each Change Date is called the 'Current Index.'
If the Index is no longer available. the Note Holder will choose a new index which is
based upon comparable information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by
adding Two and 375/1000
percentage points ( 2.375 %) to the Current Index. The Note Holder will then
round the result of this addition to the nearest one-eighth of one percentage point (0.125 %).
Subject to the limits stated in Section 4(D) below. this rounded amount will be my new interest
rate until the next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be
sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on
the Maturity Date at my new interest rate in substantially equal payments. The result of this
calculation will be the new amount of my monthly payment.
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than
7.375 % or less than 3.375 %. Thereafter, my
interest rate will never be increased or decreased on any single Change Date by more than
Two and 00/100 percentage point(s) ( 2.000 %) from the rate of
interest I have been paying for the preceding twelve months. My interest rate will never be
greater than 11.375 %.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. 1 will pay the amount
of my new monthly payment beginning on the first monthly payment date after the Change Date
until the amount of my monthly payment changes again.
(I) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my interest rate
and the amount of my monthly payment before the effective date of any change. The notice will
include information required by law to be given to me and also the title and telephone number of
a person who will answer any question I may have regarding the notice.
B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER
Section 18 of the Security Instrument is amended to read as follows:
't'ransfer of the Property or a Beneficial Interest in Borrower. As used in this Section
18, 'Interest in the Propeny' means any legal or beneficial interest in the Property, including,
but not limited to, those beneficial interests transferred in a bond for deed, contract for deed,
installment sales contract or escrow agreement, the intent of which is the transfer of title by
Borrower at a future date to a purchaser.
LOAN NO: 578650905
MULTISTATE ADJUSTABLE RATE RIVER - WSJ Oat Year I,1BOR - scan iawy - Paoai. M?
twiFoaw wsmumi a-r Form 3199 6101
GsIA014-I .N.1370 (0206) (Page 2 of 4) Ioitiats
U_
,.,
If all or any pan of the Property or any Interest in the Property is sold or transferred
(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or
transferred) without Lender's prior written consent, Lender may require immediate payment in
full of all sutras secured by this Security Instrument. However, this option shall not be exercised
by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this
option if: (a) Borrower causes to be submitted to Lender information required by Lender to
evaluate the intended transferee as if a new loan were being made to the transferee: and (b)
Lender reasonably determines that Lender's security will not be impaired by the loan assumption
and that the risk of a breach of any covenant or agreement in this Security Instrument is
acceptable to Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a
condition to Lender's consent to the loan assumption. Lender may also require the transferee to
sign an assumption agreement that is acceptable to Lender and that obligates the transferee to
keep all the promises and agreements made in the Note and in this Security Instrument.
Borrower will continue to be obligated under the Note and this Security Instrument unless
Lender releases Borrower in writing.
If Lender exercises the option to require immediate payment in full. Lender shall give
Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from
the date the notice is given in accordance with Section 15 within which Borrower must pay all
sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument
without further notice or demand on Borrower.
TtOS SPACE LEFT INTENTIONALLY BLANK
LOAN NO: 578650905
MULTISTATE AWMARLE RATE RIDER - WSJ Use Year LIBOR -- sis& lady - rmmirm.
u%emcm iss mumL-iT Fore 3189 6101
CMACM-CRM.1370 (02061
(Pane 3 of I)
ou 9o6PG369 i
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in
this Adjustable Rate Rider.
0 ose? 40 9!1? - {Sect)
Jo ph E Jiras 41 -Borrower
Seat
Athena J. ellas -Borrower
{Seal}
-Borrower
(Seal)
-Borrower
LOAN N0: 578650905
MULTISTATE ADJUSTABLE RATE RIDER - WSJ Oct Year LIBOR - S"k Fuuy - fwdr ,M-
usonwm rssmumvT Form 3164 6101
GNIACM-CRbL1370 (0106) (Pate 4 of 4)
011 I onr'Pf.gs;g2
EXHIBIT 44 D"
ADJUSTABLE RATE NOTE
(LIBOR One-Year Index (As Published in 77ie Wall Street Journal) - Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY
INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE
AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE
MAXIMUM RATE I MUST PAY.
May 5, 2005 Harrisburg , PA
Maul /City! /Stare/
2014 Lincoln St., Camp Hill, PA 17011
(Property Addreul
1. BORROWER'S PROMISE TO PAY
in return for a loan that 1 have received, 1 promise to pay U.S. S 144, 000. oo (this
amount is called 'Principal'), plus interest, to the order of the Lender. The Lender is
GMAC Mortgage corporation
I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by
transfer and who is entitled to receive payments under this Note is called the "Note Holder.'
2. INTEREST
interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay
interest at a yearly rue of 5.375 %. The interest rate I will pay may change in accordance
with Section 4 of this Note.
The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before
and after any default described in Section 7(8) of this Note.
3. PAYMENTS
(A) Time and Place of Payment
1 will pay principal and interest by making a payment every month.
1 will make my monthly payments on the first day of each month beginning on July i
2005 . I will make these payments every month until I have paid all of the principal and interest and any
other charges described below that I may owe under this Note. Each monthly payment will be applied as of its
scheduled due date and will be applied to interest before Principal. If, on June 1
2035 . I still owe amounts umlet this Note, I will pay those amounts in full on that date, which is called
the "Maturity Date."
I will make my monthly payments at P.O. Sox 780, Waterloo, IA 50702-0780, ATTN:
Payment Processing or at a different place if required by the Note Holder.
(B) Amount of My Initial Monthly Payment
Each of my initial monthly payments will be in the amount of U.S. S 806.36 This
amount may change.
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the
interest rate that I must pay. The Note Holder will determine my new interest rue and the changed amount of my
monthly payment in accordance with Section 4 of this Noe.
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate I will pay may change on the first day of June 2008
and on that day every 12th month thereafter. Each date on which my interest rate could change is called a
"Change Date.'
(B) The Index
Beginning with the first Change Date, my interest rate will be based on an Index. The 'Index' is the
average of interbank offered rates for one-yen U.S. dollar-denominated deposits in the London market
('LIBOR'), as published in 77je Wall Srree? Journal. The most recent Index figure available as of the date 45
days before each Change Date is called the 'Current Index.'
If the Index is no longer available, the Note Holder will choose a new index which is based upon
comparable information. The Note Holder will give me notice of this choice.
LOAN NO: $78650905
MULTISTATE AMINNABLE RATE NOTE - WFJ 0-year UBOR
sd"Favipp_riee4 Mee 254452s54
Waoaaw v. nnuAc,4T Farm 35
(Page I of 4) lulu
GMACM-CMLI369 10M
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
Two and 375/1000
percentage points ( 2.375 %j to the Current Index. The Note Holder will then round the result
of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section
4(D) below, this rounded amount will be my new interest rate until the next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to
repay the unpaid principal that 1 am expected to owe at the Change Date in full on the Maturity Date at my new
interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly
payment.
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than 7.375 %
or less than 3.375 %. Thereafter, my interest rate will never be increased or decreased on any
single Change Date by more than Two and 00/100 percentage point(s) ( 2.000 %)
from the rate of interest 1 have been paying for the preceding twelve months. My interest rate will never be
greater than 11.375 %.
(E) Etfcctive Date of changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new
monthly payment beginning on the first monthly payment date after the Change Date until the amount of my
monthly payment changes again.
(1) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of
my monthly payment before the effective date of any change. The notice will include information required by law
to be given to me and also the title and telephone number of a person who will answer any question I may have
regarding the notice.
5. BORROWER'S RIGHT TO PREPAY
1 have the right to make payments of Principal at any time before they arc due. A payment of Principal
only is known as a "Prepayment." When 1 make a Prepayment, 1 will tell the Note Holder in writing that I am
doing so. I may not designate a payment as a Prepayment if 1 have not made all the monthly payments due under
the Note.
1 may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note
Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the
Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount. before
applying my Prepayment to reduce the Principal amount of the Note. If 1 make a partial Prepayment, there will
be no changes in the due dates of my monthly payment unless the Note Holder agrees in writing to those changes.
My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my
partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate
increase.
6. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that
the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted
limits, then: (a) any such loan charge shall be reduced by the amount accessary to reduce the charge to the
permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to
me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by
making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial
Prepayment.
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15
calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will
be 5.000 % of my overdue payment of principal and interest. I will pay this late charge
promptly but only once on each late payment.
(B) Default
If 1 do not pay the full amount of each monthly payment on the dam it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the
overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of
Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30
days after the date on which the notice is mailed to me or delivered by other means.
(D) No Waiver by Note Holder
Even if, a a time when I am in default, the Note Holder does not require me to pay immediately in full
as described above, the Note Holder will still have the right to do so if I am in default at a fact time.
(E) Paymnat of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will
have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not
prohibited by applicable law. Those expenses include, for example, reasonable anomeys' fees.
MULTISTATE ADJUSTABLE RATE NOTE . WSJ OoaYear UBOR . s.* ray • ter %-ummam twvrtmt xccr r«? : ??? /
Gh1ACaf-CM1.1369 (0206) (bar 2 014) lrni? -
S. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note
will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a
different address if I give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by
mailing it by first class trail to the Note Holder at the address stated in Section 3(A) above or at a different
address if 1 am given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the
promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor.
surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations,
including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the
promises made in this Note. The Note Holder may enforce its rights under this Note against each person
individually or against all of us together. This means that any one of us may be required to pay all of the amounts
owed under this Note.
10. WAIVERS
1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of
Dishonor. 'Presentment' means the right to require the Note Holder to demand payment of amounts due.
'Notice of Dishonor' means the right to require the Note Holder to give notice to other persons that amounts due
have not been paid.
11. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the 'Security
Instrument'). dated the same date as this Note, protects the Note Holder from possible losses which might result
if 1 do not keep the promises which I make in this Note. That Security Instrument describes how and under what
conditions I may be required to make immediate payment in full of all amounts 1 owe under this Note. Some of
those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred
(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or
transferred) without Lender's prior written consent. Lender may require immediate payment in
full of all sums secured by this Security Instrument. However, this option shall not be exercised
by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this
option if. (a) Borrower causes to be submitted to Lender information required by Lender to
evaluate the intended transferee as if a new loan were being made to the transferee- and (b)
!.ender reasonably determines that Lender's security will not be impaired by the loan
assumption and that the risk of a breach of any covenant or agreement in this Security
Instrument is acceptable to Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a
condition to Lender's consent to the loan assumption. Lender may also require the transferee to
sign an assumption agreement that is acceptable to Lender and that obligates the transferee to
keep all the promises and agreements made in the Note and in this Security Instrument.
Borrower will continue to be obligated under the Note and this Security Instrument unless
Lender releases Borrower in writing.
If Lender exercises the option to require immediate payment in full, Lender shall give
Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from
the date the notice is given in accordance with Section 15 within which Borrower must pay all
sums secured by this Security Instrument. If Borrower fails to pay these stuns prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument
without further notice or demand on Borrower.
THIS SPACE LEFT INTENTIONALLY BLANK
MULTISTATE ADJUSTABLE RATE NOTE - WSJ One-Year LIBOR - so& Fmy • n m. mu uwrww nsrauac.7 r" I=
GNACM-CNM.1369 MM) fft$e 3 Of 4) Iadnlls:
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(Seal)
J ph E Jiras?? •sortower
(Seal)
-Borrower
(Seal)
•Bort",cr
(Seal)
-Borrower
ISign Original Only!
•14" NO: 578650905
+•'iumnATE ADJUSTABLE RAZE NOTE • WS1 One-Year LIBOR • up i.. y • r...r M. U%IFMM lssmt,407 rm. nm m
GMA61-CKM.130 (0206) (Past 4 of 4)
EXHIBIT "E"
HEMAP Application Search Page 1 of 1
6ffil?E9St
HEMAP Application Search
Donna DiRosato INACTIVE 2008.08.25
Law Firm - Goldbeck, McCafferty & McKeever
Last Log In: 11/13/2008 3:18:53 PM
Applicant Information
Borrowers Joseph E. Jiras
Athena Jiras
Address 2014 Lincoln St
Camp Hill, PA 17011-3841
Current Status
Act 91 Notice Date 1/3/2008
Counseling Agency Meeting Date 1/18/2008
Date Application Received by PHFA 2/14/2008
Application Status Denied
Application Status Date 4/8/2008
Appeal Information
Date Appeal Request Received 4/14/2008
Scheduled Hearing Date 5/13/2008
Hearing Decision AFFIRMED
Hearing Decision Date 6/26/2008
https://attorneys.phfa.org/HEMAPappprint.aspx 11/14/2008
VERIFICATION
DAVID FEIN, ESQUIRE hereby states that he is the attorney for Plaintiff herein, and
that all of the facts set forth in the attached Plaintiff s Motion for Summary Judgment are true
and correct to the best of his knowledge, information and belief.
The undersigned understands that statements herein are made subject to the penalties of
18 P.S. section 4904.
ton.
Davi
d Fein, Esquire
Attorney for Plaintiff
GOLDBECK McCAFFERTY & McKEEVER
BY: DAVID FEIN, ESQUIRE
Attorney I.D. #82628
Suite 5000 - Mellon Independence Center
ATTORNEY FOR PLAINTIFF
701 Market Street
Philadelphia, PA 19106
215-627-1322
GMAC MORTGAGE, LLC
3451 Hammond Avenue
Suite 150
Waterloo, IA 50702
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
VS.
ATHENA J. BRELLOS
and JOSEPH E. JIRAS
No. 08-3488
Mortgagors and Record Owners
2014 Lincoln Street
Camp Hill, PA 17011
CERTIFICATE OF SERVICE OF PLAINTIFF'S
MOTION FOR SUMMARY JUDGMENT
Christopher McCann hereby certifies that he did serve true and correct copies of
Plaintiffs Motion for Summary Judgment, Memorandum of Law in Support and all supporting
papers by first class mail, postage pre-paid upon the following on the date listed below:
Joseph E. Jiras
2014 Lincoln Street, Camp Hill, PA 17011
Athena J. Brellos
2020 Market Street, Camp Hill, PA 17011
2014 Lincoln Street, Camp Hill, PA 17011
G
Christopher McCann
Litigation Paralegal
Date: / t it ? ?
C7 N
ca
?' ? z..' ?•'' l •?e.
.rte
M
GOLDBECK McCAFFERTY & McKEEVER
Professional Corporation
By: David Fein, Esquire
Attorney I.D. # 82628
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
GMAC MORTGAGE, LLC
3451 Hammond Avenue
Suite 150
Waterloo, IA 50702
VS.
ATHENA J. BRELLOS and JOSEPH E. JIRAS
Mortgagor and Record Owner
2014 Lincoln Street
Camp Hill, PA 17011
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
No. 08-3488
PRAECIPE TO WITHDRAW MOTION FOR SUMMARY JUDGMENT
TO THE PROTHONOTARY:
Kindly withdraw Plaintiff s Motion for Summary Judgment filed in the above matter on
November 17, 2008.
GOLDBECK McCAFFERTY & McKEEVER
BY:
avid Fein, Esquire
Attorney for Plaintiff
J
.' GOLDBECK McCAFFERTY & McKEEVER
Professional Corporation
By: David Fein, Esquire
Attorney I.D. # 82628
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
GMAC MORTGAGE, LLC
3451 Hammond Avenue
Suite 150
Waterloo, IA 50702
vs.
ATHENA J. BRELLOS and JOSEPH E. JIRAS
Mortgagors and Record Owners
2014 Lincoln Street
Camp Hill, PA 17011
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
No. 08-3488
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of Praecipe to Withdraw Motion for Summary
Judgment was sent by first class mail, postage pre-paid, upon the following on the date listed
below:
Athena J. Brellos, Pro Se
2020 Market Street, Camp Hill, PA 17011
2014 Lincoln Street, Camp Hill, PA 17011
Joseph E. Jiras, Pro Se
2014 Lincoln Street, Camp Hill, PA 17011
GOLDBECK McCAFFERTY & McKEEVER
AA 4
Christop McCann
Paralega
Date: 12/18/2008
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GOLDBECK McCAFFERTY & McKEEVER
By: David Fein, Esquire
Attorney I.D. #82628
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney for Plaintiff
GMAC MORTGAGE, LLC
3451 Hammond Avenue
Suite 150
Waterloo, IA 50702
VS.
ATHENA J. BRELLOS
JOSEPH E. JIRAS
Mortgagors and Record owners
2014 Lincoln Street
Camp Hill, PA 17011
Plaintiff
Defendants
PRAECIPE TO VACATE JUDGMENT
TO THE PROTHONOTARY:
Kindly vacate the judgment upon payment of your costs only.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
No. 08-3488
D d Fein, Esquire
Attorney for Plaintiff
-Ti
GOLDBECK MCCAFFERTY & McKEEVER
BY: David Fein, Esquire
Attorney I.D. #82628
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-825-6321
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE, LLC
3451 Hammond Avenue
Suite 150
Waterloo, IA 50702
vs.
ATHENA J. BRELLOS
JOSEPH E. BRAS
2014 Lincoln Street
Camp Hill, PA 17011
Plaintiff
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
No. 08-3488
PRAECIPE TO DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above case Discontinued and Ended upon payment of your costs only.
David Fein, Esquire
Attorney for Plaintiff
V-.
-TI