HomeMy WebLinkAbout10-3782f 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
WWW.GOLDBECKLAW.COM
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GMAC MORTGAGE, LLC
3451 Hammond Avenue
Waterloo, IA 50702
Plaintiff
vs.
DONALD B. LEGGETT
MELISSA M. LEGGETT
Mortgagors and Record Owners
150 Lauer Lane East
Camp Hill, PA 17011
Defendants
NOTICE
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term I O 3 .7 8-a c ,Yr I
No.
TGAGF-
CIVIL ACTION: MOR,
CL08URE
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 s 4?, 06
8 Irvine Row S"& 7 ?y
Carlisle, PA 17013
717-243-9400 /Z''k338
AVISO
Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las
paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion.
Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma
escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se
defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion.
Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisions
de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O
SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LLAME
POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA
AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
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 FHZM 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 i.ree 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.phfa.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: hLtp://www.philadelphiafed.ory.,/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 homeretentionka coldbecklaw.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 97131 FC.
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, Waterloo, IA 50702.
2. The names and addresses of the Defendants are DONALD B. LEGGETT, 303 Founders Way,
Mechanicsburg, PA 17050 and MELISSA M. LEGGETT, 150 Lauer Lane East, Camp Hill, PA 17011,
who are the mortgagors and record owners of the mortgaged premises hereinafter described.
3. On May 12, 2003 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 1813 Page 1059. The mortgage has been assigned to: GMAC
MORTGAGE, LLC by assignment of Mortgage May 10, 2010 as Instrument # 201011854. 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 January 01, 2010 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 .................................................................................. $187,961.05
Interest from 12/01/2009 through 04/13/2010 at 4.8750% ................... ....$3,355.61
Per Diem interest rate at $25.10
Reasonable Attorney's Fee at 5% of Principal Balance
as more fully explained in the next numbered paragraph ............... ....$9,398.05
Late Charges from 01/01/2010 to 04/13/2010 ...................................... .......$451.20
Monthly late charge amount at $112.80
Costs of suit and Title Search (Estimated) ............................................ .......$900.00
Escrow .......................................................................................................$1,490.59
Property Inspection Fees ................................................................................$22.50
Monthly Escrow amount $523.54
$203,579.00
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 $203,579.00,
together with interest at the rate of $25.10, per day and other expenses, costs and charges incurred by the
Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law
until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff s Sale of the Property.
By:
GOLDBEC*k MCCAFFERTY & MCKEEVER
Michael McKeever Pa. ID 56129
Gary McCafferty Pa. ID 42386
Lisa Lee Pa. ID 78020
Kristina Murtha Pa. ID 61858
David Fein Pa. ID 82628
Thomas Puleo Pa. ID 27615
ATTORNEYS FOR PLAINTIFF
VERIFICATION
Jeffrey Stephan
I, t s..,;+Pd Signing OffiC4t , as the representative for the Plaintiff corporation
within named do hereby verify that I am authorized to and do make this verification on behalf of the
Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the
best of my knowledge, information and belief. I understand that false statements therein are made
subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities.
Date: Y---/Y ? 0 It
7'effrey Stepmn
Limited Signing Officer
#97131FC - DONALD B. LEGGETTaryeY?I'1`LISSA M. LEGGETT
150 Lauer Lane East Camp Hill, PA 1 M I
13
Prepared By and Return To: Referral Department
GOLDBECK McCAFFERTY & McKEEVER
Mellon Independence Center - Suite 5000
701 Market Street
Philadelphia, PA 19106-1532
2I5-825-6344
0545375107
GMM File Number: 97131 FC
Parcel 1D#: 10-19-1598-033$
ASSIGNMENT OF MORTGAGE
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE
FOR GMAC MORTGAGE CORPORATION (Assignor),
for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration,
the receipt of which is acknowledged, does grant, bargain, sell, assign and transfer to GMAC
MORTGAGE, LLC.
GMAC MORTGAGE, LLC (Assignee),
all of its right, title and interest, as holder of, in, and to the following described mortgage, the property
described and the indebtedness secured by the mortgage:
Executed DONALD B. LEGGETT and MELISSA M. LEGGETT, Mortgagor(s); to MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE
CORPORATION. Bearing date of. May 12,2003; Amount Secured: $287,650.00; Recorded on May
23,2003; in Book 1813 Page 1059; in the Recorder of Deeds Office of Cumberiand County,
Commonwealth of Pennsylvania ("Mortgage")
Property: 150 Lauer Lane East, Camp Hill,PA 17011
AS FURTHER DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED INTO THIS
ASSIGNMENT.
Together with the note or obligation described in the Mortgage endorsed to the Assignee,("Note") and all
moneys due and to become due on the Note and Mortgage, with interest. Assignee its successors, legal
representatives and assigns shall hold all rights under the Note and Mortgage forever, subject however, to
the right and equity of redemption, if any, of the maker(s) of the Mortgage, their heirs and assigns forever.
Assignor, by its appropriate corporate officers, has executed and sealed with its corporate seal this
Assignment of Mortgage on this 7 1-- day of .-1 /2511- -12010.
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., AS
NOMINEE FOR GMAC MORTGAGE
CORPORATION
(Affix Corporate Seal)
(SEAL)
Name: -vvr a ./.?,
Title:
{ (SEAL)
Title:
ss:
STATE OF r35L ?Il Cam- ) COUNTY OFl !A tZ
CORPORATION
officers of Assignor, who I am satisfied are the persons who signed the within instrument and they
acknowledged that they signed, sealed with the corporate seal and delivered the same as such officers
aforesaid, and that the within instrument is the voluntary act and deed of such corporation made by virtue
of a Resolution of its Board of Directors.
taro Public , j, , ,, 317-
My commission expires: c.i -;
I hereby certify the address of the Assignee is:
1100 Virginia Dr., Fort 19034
0545375107
Case #: 97131FC
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BE IT REMEMBERED, that on thisa %y of Y? 2010, before me, the subscriber, a
E.XhibitA
E. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
PENNSYLVANIA, COUNTY OF CUMBERLAND, TOWNSHIP OF HAMPDEN, AND
DESCRIBED AS FOLLOWS:
ALL THAT CERTAIN LOT OR TRACT OF LAND SITUATE IN THE TOWNSHIP OF
HAMPDEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, MORE
PARTICUARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A POINT ON THE WESTERN LINE OF EAST LAUER LANE AT THE
DIVIDING LINE BETWEEN LOTS NOS. 106 AND 107 AS SHOWN ON THE
HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID DIVIDING
LINE NORTH 64 DEGREES 1 MINUTE WEST 167.36 FEET TO A POINT; THENCE
ALONG OTHER LAND NOW OR LATE OF KNRVIN W. LAUER AND EVA S. LAUER,
HIS WIFE, NORTH 14 DEGREES 35 MINUTES WEST 56.60 FEET TO A POINT;
THENCE ALONG OTHER LAND NOW OR LATE OF LAUER, NORTH 70 DEGREES 20
MINUTES EAST 150 FEET TO EAST LAUER LANE; THENCE ALONG THE WESTERN
LINE OF EAST LAUER LANE SOUTH 19 DEGREES 40 MINUTES EAST 110.82 FEET
TO A POINT; THENCE CONTINUING ALONG THE SAME IN A SOUTHWESTERLY
DIRECTION ON A CURVE TO THE RIGHT HAVING A RADIUS OF 75 FEET, AN ARC
DISTANCE OF 79.15 FEET TO THE PLACE OF BEGINNING.
BEING LOTS NO. 106, PLAN OF SECTION 4, POINT RIDGE FARMS, SAID PLAN
BEING RECORDED IN THE CUMBERLAND COUNTY RECORDER`S OFFICE IN PLAN
BOOK 15, PAGE 38.
Note: First American Title Insurance Company - National Default Title Services ("NDTS")
does not represent that the above legal description, acreage, or square footage calculations are
correct. The legal description in this report reflects the legal description taken from a vesting
document recorded in the public records and listed in this report.
PAGE 8
EytFidit (B
GMAC Mortgage, LLC
3451 Hammond Avenue
Waterloo I IA 50702
Date: 03/04/10
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 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 HAVE A FACE TO FACE MEETING WITH A CONSUMER
CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this
Notice with you when von 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:
LOAN ACCOUNT NUMBER:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
MELISSA M. LEGGETT
150 E LAUER LANE
CAMP HILL PA 17011
0545375107
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-three (33) 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 33 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-three (33) 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-three
(33) 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 150 E
LAUER LANE CAMP HILL PA 17011 IS SERIOUSLY IN DEFAULT
because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: 01/01/10 through 03/01/10. See attached Exhibit for payment breakdown.
Monthly Payments $ 8338.74
Late Charges $ 225.60
NSF $ 0.00
Inspections $ 11.25
Other (Default Expenses and Fees) $ 0.00
Optional Insurance $ 0.00
Suspense $ 0.00
TOTAL AMOUNT PAST DUE: $ 8575.59
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-THREE (33) DAYS of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 8575.59,
PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE
THIRTY-THREE (33) 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 I IA 50702
You can cure any other default by taking the following action within THIRTY-THREE (33) 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-THREE (33) 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-THREE (33) 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-THREE (33) 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-THREE (33) 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 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 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: 888-714-4622
Fax Number: 866-709-4744
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 888-714-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning
this matter.
Collection Department
Loan Servicing
5039
EXHIBIT
01/01/10 through 03/01/10 Mo. Pmt. Amt. $ 2779.58
GMAC Mortgage, LLC
3451 Hammond Avenue
Waterloo IA 50702
Date: 03/04/10
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM FORECLOSURE
This is an official notice that the morteaee 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 HAVE A FACE TO FACE MEETING 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 (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:
LOAN ACCOUNT NUMBER:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
DONALD B. LEGGETT
150 E LAUER LANE
CAMP HILL PA 17011
0545375107
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-three (33) 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 33 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-three (33) 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-three
(33) 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 150 E
LAUER LANE CAMP HILL PA 17011 IS SERIOUSLY IN DEFAULT
because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: 01/01/10 through 03/01/10. See attached Exhibit for payment breakdown.
Monthly Payments $ 8338.74
Late Charges $ 225.60
NSF $ 0.00
Inspections $ 11.25
Other (Default Expenses and Fees) $ 0.00
Optional Insurance $ 0.00
Suspense $ 0.00
TOTAL AMOUNT PAST DUE: $ 8575.59
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-THREE (33) DAYS of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 8575.59,
PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE
THIRTY-THREE (33) 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 I IA 50702
You can cure any other default by taking the following action within THIRTY-THREE (33) 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-THREE (33) 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-THREE (33) 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-THREE (33) 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-THREE (33) 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 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 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: 888-714-4622
Fax Number: 866-7094744
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 888-7144622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning
this matter.
Collection Department
Loan Servicing
5039
EXHIBIT
01/01/10 through 03/01/10 Mo. Pmt. Amt. $ 2779.58
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff Fi3..E~.~--t~ (~i
Jod S Smith ~~~Hxp pt ~Cumbrcf~h4 11= T}-~`" ~ :.~. ;,_ ;~^,~2Y
Chief Deputy `~ Zo ~ fl ~ ~ L ~ 2 {~~~~ ~ ~ L
t~, ~ ~ n~
Richard W Stewart ~:r~-,_
Solicitor i~FIc6G'FT!-.=w~R~F~ ~ CUPS?;. ~~:..;,~~ ~~:iJNaY
_, ; ~.,.
~~.% 'tit ~ f/~`Y .r~t `~.i ~hr
GMAC Mortgage, LLC Case Number
vs.
Donald B. Leggett (et al.) 2010-3782
SHERIFF'S RETURN OF SERVICE
06/12/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Donald B. Leggett, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant Donald B. Leggett. Deputies were advised by Donald B. Leggett's ex mother in law, Donald B.
Leggett is now residing at Riverview Manor, 1525 N. Front Street Suite 101, Harrisburg, PA 17102.
06/14/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Donald B. Leggett, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In
Mortgage Foreclosure according to law.
06/21/2010 08:34 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 21,
2010 at 2031 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Melissa M. Leggett, by making known unto herself personally, at 150 E.
Lauer Lane, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time
handing to her personally the said true and correct copy of the same.
RYAN BURGETT, DEP
06/23/2010 Dauphin County Return: And now June 23, 2010 at 0920 hours I, Jack Lotwick, Sheriff of Dauphin
County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in
Mortgage Foreclosure, upon the within named defendant, to wit: Donald B. Leggett by making known unto
himself personally, at Riverview Manor, Front and Harris Streets, Harrisburg, PA 17102 its contents and a1
the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $90.50
July 07, 2010
SO ANSWERS, ~~,~~_~~
RON R ANDERSON, SHERIFF
(cj CountySuite Sheriff. Teleosoft, Inc.
Mary Jane Snyder
Rea] Estate Depu
William T. Tully
solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717)780-6590 fax: (717)255-2889
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
GMAC MORTGAGE LLC
VS
DONALD B. LEGGETT, RIVERVIEW
MANOR
Sheriff s Return
No. 2010-T-2118
OTHER COUNTY NO. 20103782
And now: JUNE 23, 2010 at 9:20:00 AM served the within COMPLAINT IN MORTGAGE
FORECLOSURE upon DONALD B. LEGGETT, RIVERVIEW MANOR by personally handing to
DONALD B. LEGGETT, RIVERVIEW MANOR 1 true attested copy of the original COMPLAINT IN
MORTGAGE FORECLOSURE and making known to him/her the contents thereof at FRONT AND
HARRIS STREETS HARRISBURG PA 17102
Sworn and subscribed to
before me this 25TH day of June, 2010
NOTARIAL SEAL
ARY JANE SNYDER, Notary Public
Highspire, Dauphin County
M Commission Ex fires Set 1, 2010
So Answers,
~~°~~~.
Sheriff a hid C~t~, ~~
~! ~:
Deputy Sheriff
Deputy: M KLINGER
Sheriffs Costs: $41.25 6/17/2010
GOLDBECK McCAFFERTY & McKEEVER
Suite 5000 Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-825-6321
Attornev for Plaintiff
OF THELPROTHO TARy
2010 DEC - 7 AM I I: 4 S
COUNTY
GMAC MORTGAGE, LLC
3451 Hammond Avenue
Waterloo, IA 50702
VS.
DONALD B. LEGGETT
MELISSA M. LEGGETT
150 Lauer Lane East
Camp Hill, PA 17011
Plaintiff
Defendants
IN THE COURT OF COMMON
PLEAS
OF CUMBERLAND COUNTY
No. 10-3782
PRAECIPE TO SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above case Settled, Discontinued and Ended upon payment of your costs
only. ': ;
By:
GOLDBE AFFERTY & KEEVER
Michael McKeev
Gary McCafferty Pa. ID 42386
Lisa Lee Pa. ID 78020
Kristina Murtha Pa. ID 61858
David Fein Pa. ID 82628
Thomas Puleo Pa. ID 27615
Attorneys for Plaintiff