HomeMy WebLinkAbout09-7226GOLDBECK 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
GMAC MORTGAGE, LLC SB/M GMAC MORTGAGE
CORPORATION
3451 Hammond Avenue
Waterloo, IA 50702
Plaintiff
vs.
BARBARA E. MCCREA
ANDREW T. MCCREA
Mortgagors and Record Owners
906 Magnolia Drive
Enola, PA 17025
Defendants
Term
CIVIL A No' aQ _,laalo ?v?1Ferm
CT10 R M0R7"QA(3E
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 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
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.
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
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: or 717-
243-9400.
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 http://www.Dhfa.org/consumers/homeowners/real
aspx.
5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home
Retention options.
6). Foreclosure Resource Center: httD://www.Dhiladelphiafed.ora/foreclosure/
7). 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 homeretentiona,goldbecklaw 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 87922FC.
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
Plaintiff is GMAC MORTGAGE, LLC S/B/M GMAC MORTGAGE CORPORATION, 3451
Hammond Avenue, Waterloo, IA 50702.
2. The names and addresses of the Defendants are BARBARA E. MCCREA, 906 Magnolia Drive, Enola,
PA 17025 and ANDREW T. MCCREA, 906 Magnolia Drive, Enola , PA 17025, who are the
mortgagors and record owners of the mortgaged premises hereinafter described.
On June 08, 1999 mortgagors made, executed and delivered a mortgage upon the Property hereinafter
described to GMAC MORTGAGE CORPORATION, which mortgage is recorded in the Office of the
Recorder of Deeds of Cumberland County as Book 1550, Page 410.. 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 June 01, 2009 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 ..................................................................................$139,087.14
Interest from 05/01/2009 through 09/30/2009 at 7.3750% .......................$4,299.30
Per Diem interest rate at $28.10
Reasonable Attorney's Fee at 5% of Principal Balance
as more fully explained in the next numbered paragraph ...................$6,954.36
Late Charges from 06/01/2009 to 09/30/2009 .............................................$225.31
Monthly late charge amount at $56.33
Costs of suit and Title Search ......................................................................$900.00
Escrow Advance ........................................................................................ ($437.35)
Property Inspection Fees ..............................................................................$191.25
Monthly Escrow amount $353.99
$151,220.01
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 "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 Defendants have not had the required face-to-face meeting within
the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants
through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit
Counseling Agency.
WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $151,220.01,
together with interest at the rate of $28.10, 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: T, U(b I jf,?j
GOLDBECK McCAFFERTY & MCKEEV R
BY: MICHAEL T. MCKEEVER, ESQUIRE
ATTORNEY FOR PLAINTIFF
VERIFICATION
I, Lkor014 SkOKOL , as the representative of American Home Mortgage
Servicing, Inc., Successor-In-Interest to Option One Mortgage Corporation, as Attorney in Fact for
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 18 Pa. C.S. 4904 relating to unsworn
falsificaationto7 authorities.
Date:( 1 -T_
#87922FC - BARBARA E. MCCREA and
906 Magnolia Drive Enola , PA 17025
GMAC 1` ,6 CORPORATION
_ ?f-ePhan
I T. MCCREA
E.,X,,hibit A
SCHEDULE"N'
ALL Tm CaRTI?rm exact or Parael of land Situate io the Tomwhip of It 'Ot
fto"Obam, County 04 CUMberland, Paansylvaaia, - particularly bowaded and
described as follows to wit.
BIIW " at a point on the eoutharn right oII wry lino od magnolia Drive t5o,
wi4e3 at the dividing lies between Lie No. 167 and no. ice an shown on the
braiaafter mentioned plan, thwAs Slag the dividing lino between Lots Ko.
167 aM No. lie So h Oa dgg"m as ,cippteee 00 ¦aoo0da Bast a distance-of
100.00, feet to a Point at do dividing line betwee?e Leta no. 150, Kb.?15, No.
367 asd'Va. 16ar thane along the dividing lips behmsen Leta Ire. lei aaA 80.
167 South 61 degreaa 00 plants. ao seeomb Kest a diseanee of 00.60 feet to a
point at the dividing line betwwt Leta No. 151, Do. 155, No. 166 sod°Iqo. 167r
tbme along the dividing line between LDts no. 166 eM no, 167 Worth 0!
dgran be Shute. 00 eaeonde KMt a distance of 100.00, feat to a point oar
the *mubern right of way lime of Kagrmlia DOfivata the m - the southarn
.rigaat of way line of Ksgnoiia Drive Korth al degrass 00 rusts. 00 seconds
Bast a diataece of 60.00, feet to a Point, said point boiag the Plane of
1111 1 hat 1To. 167 as abown on the Final Subdivision Plan of Penn Valley, Pillage
!. Roomded in Plan Book 71, Page 105.
6,000.00 equate feat.
BEMIG KNOWN AS INS Msgnob Drees
UNDER snot SUBJECT b csrlclrt restrbgenc now of nooro.
OEM THE SAME PREMISES w? ich frWm Vday Corp WI^ By Irdenarn haarht?faMr.dab S!,,,W., , ::
day of Jun. AD,1VW Mild k* r4ed b ba f *AM traoNad In ft 08be br fBOaOQ Bf Dssd5 ':,: a ?; tr,;
In and far die cou* of Cumberland Conwramealth of patnal M r* 91 l- one eadr sd? ;ba. M;?:.,
caw Morfpagora, in fee.
..•..rr?. of G,mh9rlrtndJ • ? ;'
-• .:a.icd in the oNaw lot the raeo?dng 0f Deaft
??,?p e 0ryyg?lt*bnA Counly.
10gII?S3OMN AS i' (jI g?N??c1y.-
vM, c ray head a xN of of
Cdr P11rMe ? 1?
E.,Xhibit 0
MCCREA, BARBARA E.
BARBARA E. MCCREA
906 Magnolia Drive
Enola , PA 17025
File #: 87922FC
Sale date:
County: Cumberland
Property: 906 Magnolia Drive Enola , PA 17025
MCCREA, ANDREW T.
ANDREW T. MCCREA
906 Magnolia Drive
Enola , PA 17025
File #: 87922FC
Sale date:
County. Cumberland
Property: 906 Magnolia Drive Enola , PA 17025
ACT 91 NOTICE
DATE OF NOTICE: 09/16/2009
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 Mg home. This Notice explains how the progxam works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 33 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 L717) 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 notification en adjunto es de sums 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 arnba. Puedes ser elegible para un prestamo por el programa Ilamado
"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
Date: 09/16/2009
Homeowners Name: BARBARA E. MCCREA and ANDREW T. MCCREA
Property Address: 906 Magnolia Drive, Enola , PA 17025
Loan Account No.: 0165352907
Original Lender: 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 (plus three (3) days for
mailing). 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 1331 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 _Mencies for the county in which the Xis 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.) 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. To temporarily stop the lender from filing a foreclosure action, your
application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting with the
counseling agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU
HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE
POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA
WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY
PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS
EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF
FORECLOSURE."
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND
THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER
FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS
EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE
FORECLOSURE WILL BE STOPPED.
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 Med 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: 906 Magnolia Drive, Enola , PA 17025 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 06/01/2009 thru 09/16/2009
(4 mos. at $1,480.77/month) $5,923.08
(b) Late charges from 06/01/2009 thru 09/16/2009 (4 mos. at $56.33/month) $225.32
(c) Other charges; Escrow, Inspec., NSF Checks
(d) Other provisions of the mortgage obligation, if any
(e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $6,148.40
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 $6.14&40 , 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 leader intends to exercise its A&ts to
accelerate the mortnge 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 mortassed 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 rit to cure the default and prevent the sale at any time un to one hour before the Sheriffs Sale
You may do so by paving the total amount then past due plus any late or other charges then due
rromnable attorney's fees and costs connected with the foreclosure sale and any other costs connected
with the Sheriffs Sale as suecified in writing by the lender and by pgbrmjW any other requirements
under the mortaage. 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 We. 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: 800-8504622
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: 800-8504622
HEMAP Consumer Credit Counseling Agencies
Report last updated: 9/1/2009 8:42:35 AM
CCCS of Northeastern PA
401 Laurel Street
Pittston, PA 18640
570.602.2227
800.922.9537
CRAWFORD County
Booker T. Washington Center
1720 Holland Street
Erie, PA 16503
814.453.5744
CCCS of Western PA
4402 Peach Street
Erie. PA 16509
888.5112227 ext
108
888.511.2227 ext
108
Center for Family Services, Inc.
213 Center Street
Meadville, PA 16335
814.337.8450
Greater Erie Community Action Committee
18 West 9TH Street
Erie, PA 16501
814.459.4581
Shenango Valley Urban League, Inc.
601 Indiana Avenue
Farrel, PA 16121
724.981.5310
St. Martin Center
1701 Parade Street
Erie, PA 16503
814.452.6113
CUMBERLAND County
Adams County Interfaith Housing Authority
40 E High Street
Gettysburg, PA 17325
717.334.1518
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
888.511.2227
Community Action Commission of Captial Region
1514 Do" Street
HaMaburg, PA 17104
717.232.9757
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
717.2322207
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
717.762.3285
PHFA
211 North Fran Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
DAUPHIN County
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.5112227
888.511.2227
Community Action Commission of Captial Region
1514 Derry Street
Harrisburg, PA 17104
717232.9757
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
717.232.2207
Opportunity Inc.
301 East Market Street
York, PA 17403
717.424.3845
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
DELAWARE County
Acorn Housing Corporation
846 North Broad Street
Philadelphia, PA 19130
215.765.1221
Advocates for Financial Independence
202 East Hinkley Avenue
Ridley Park, PA 19078
215.389.2810
American CroM Counselling Institute
526-528 Dekalb Street
Norristown, PA 19401
610.971.2210
888.212.6741
Page 8 of 21
HEMAP Consumer Credit Counseling Agencies
Report last updated: 9/112009 8:42:35 AM
American Credit Counseling institute
175 Strafford Avenue
Suite 1
Wayne, PA 19087
610.971.2210
888.212.6741
American Financial Counseling Services Inc.
175 Strafford Avenue
Sidle One
Wayne, PA 19087
257.228.7903
800.490.3039
American Financial Counseling Services Inc.
1080 N. Delaware Avenue
Suite 200
Philadelphia, PA 19125
267.228.7903
800.490.3039
American Financial Counseling Services Inc.
405 West Germanlown Pike
Norristown, PA 19403
267.228.7903
800.490.3039
American Red Cross of Cheater
1729 Edgemont Avenue
Chester, PA 19013
610.874.1484
APM
2147 North Sixth Street
Philadelphia, PA 19122
215.235.6788
Carroll Park Community Council, Inc,
5218 Master Street
Philadelphia, PA 19131
215.877.1157
CCCS of Delaware Valley
113 East Main Sheet
2nd Floor
Norristown, PA 19401
215.583.5685
CCCS of Delawaro Valley
1001 East Lincoln Highway
Suite 102
Caalesville, PA 19320
215.563.56115
CCCS of Delaware Valley
1608 Walnut Street
10th Floor
Philadelphia, PA 19107
215.563.5685
CCCS of Delaware Valley
280 North Providence Road
Media, PA 19063
215.563.5665
CCCS of Delaware Valley
790 E. Market St.
Suite 170, Marshall Building
West Chester, PA 19382
215.583.5665
CCCS of Delaware Valley
4400 North Reese Street
Philadelphia, PA 19140
215.563.5665
Chester Community Improvement Project
412 Avenue of the States
PO Box 541
Chester, PA 19016
610.876.8663
Diversified Community Services
Dixon House
1920 South 20th Street
Philadelphia, PA 19145
215.336.3541
FOB CDC
1201 West Olney Avenue
Philadelphia, PA 19141
215.549.8755
Germantown Settlement
5538 Wayne Avenue
Bldg C
Philadelphia, PA 19144
215.849.3104
MACE
167 W. Allegheny Avenue
2nd FI
Philadelphia, PA 19140
215.428.8025
Housing Partnership of Cheater County
41 West Lancaetar Ave
Downingtown, PA 19335
610.518.1522
Mar6a Fellowship House
302 South Jackson Street
Media, PA 19063
610.565.0434
Northwest Counseling Ssrvlca
5001 North Broad Street
Philadelphia, PA 19141
215.324.7500
Page 9 of 21
HEMAP Consumer Credit Counseling Agencies
Report last updated: 9/1/2009 8:42:35 AM
Opportunity Inc.
Two Bela Plaza
Suite 300
Philadelphia, PA 19004
610.660.6687
Phil* Council For Community Advmnt
1617 John F Kennedy OW
Suite 1550
Philadelphia, PA 19103
215.587.7803
800.930.4663
Urban League of Philadelphia
121 S Broad St
9th Floor
Philadelphia, PA 19107
215.985.3220
ELK County
FAYETTE County
Action Housing, Inc
425 6th Avenue
Suite 950
Pittsburgh, PA 15219
412.281.2102
800.792.2801
CCCS of Western PA
1 North Gate Square
#2 Garden Center Drive
Greensburg. PA 15801
888.511.2227
888.511.2227
Community Action Southwest
58 East Greene Street
Waynesburg, PA 15370
724.852.2893
Northern Tier Community Action Corp.
P.O. Box 389
135 West 4th Street
Emporium, PA 15834
814.486.1161
ERIE County
Booker T. Washington Center
1720 Holland Street
Erie, PA 16503
814.453.5744
CCCS of Western PA
4402 Peach Street
Erie, PA 16509
888.511.2227 ext
108
888.511.2227 ext
108
Greater Erie Community Action Committee
18 West 9TH Street
Erie, PA 16501
814.459.4581
St. Martin Center
1701 Parade Street
Erie, PA 16503
814.452.6113
Voices for Independence
1107 Payne Avenue
Erie, PA 16503
814.874.0064
800.838.9890
Fayette Co. Community Action Agency, Inc.
108 North Beeson Avenue
Uniontown, PA 15401
724.437.6050
800.427.INFO
Southwestern Pennsylvania Legal Services Inc.
45 East Main Street
Suite 200
Uniontown, PA 15401
724.439.3591
Tableland Services inc.
535 East Main Street
Somerset, PA 15501
814.445.9628
800.452.0148
FOREST County
Warren-Forest Counties Economic Opportunity Council
1209 Pennsylvania Ave, West
P.O. Box 547
Warren, PA 16365
814.726.2400
FRANKLIN County
Adams County Interfaith Housing Authority
40 E High Street
Gettysburg, PA 17325
717.334.1518
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
717.637.3768
Page 10 of 21
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2009 0 C T L 1 Pi E?: 5 J-
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Sheriffs Office of Cumberland County
R Thomas Kline FILED-OFFICE
Sheriff r OF THE r,-C) P,.jn`NOTAp
Ronny R Anderson ¢
Chief Deputy 2009 OCT 2$ AM 9:40
Jody S Smith
Civil Process Sergeants ??ro aU
Edward L Schorpp f Ei?l?,iJYl.WINJA.
Solicitor
GMAC Mortgage, LLC I Case Number
vs.
Barbara E. McCrea 2009-7226
SHERIFF'S RETURN OF SERVICE
10/22/2009 05:48 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 22,
2009 at 1748 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Barbara E. McCrea, by making known unto Andrew T. McCrea, adult in
charge, at 906 Magnolia Drive, Enola, Cumberland County, Pennsylvania, 17025 its contents and at the
same time handing to him personally the said true and correct copy of the same.
10/22/2009 05:48 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 22,
2009 at 1748 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Andrew T. McCrea, by making known unto Andrew T. McCrea, personally,
at 906 Magnolia Drive, Enola, Cumberland County, Pennsylvania, 17025 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $57.50
October 23, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF
Deputy Sheriff