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HomeMy WebLinkAbout01-7131ATTORNEY FOR PLAINTIFF FEDERMAN AND pHELAN, LLP By: FRANK FEDERMAN, ESQUIRE iDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 215 563-7000 - GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 Plaintiff COURT OF coMMON PLEAS CIVIL DIVISION TERM cUMBERLAND cOUNTY CINDY DUNBAR-HINKLE 101 ADAMS ROAD CARLISLE, PA 17013 Defendant(s) CIVIL ACTION - LAW_ COMPLAIN~IN MORTGAGE FORECLOSURE NOTICE **Tills FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT pURPOSE. IF YOU HAVE pREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS coRRESPONDENCE IS NOT AND sHOULD NOT BE coNSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY- ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, enterin a written appearance personally or by attorney and filing in writing with t.? co ~uft~ . by g ......... ainst -,ou You are warned that it you Iail to your defenses or objections to the ctmms set Iorm ag J . do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS pAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND cOUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 306073626 IF THIS IS THE FIRST NOTICE THAT YOU HA~AT: RECEIVED FROM THIS OFFICE, BE ADVISED PURSUANT TO THE FAIR DEBT COLLECTION pRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY pORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR pLAINTIFF WILL OBTAIN AND pROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR pLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY pERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND DRESS OF THE ORIGINAL CREDITOR WITHIN ~A~..~ ~,o~v t30~ DAY pERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED iNFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. o Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HOP. SHAM, PA 19044 The name(s) and last known address(es) of the Defendant(s) are: CINDY DUNBAK-H1NKLE 101 ADAMS ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 6/12/98 mortgagor(s) made, executed and delivered a mortgage upon thc premises · is recorded in hereinafter described to REGAL SAVINGS BANK, FSB which mortgage 14(51, thc Office of the Recorder of CUMBERLAND County, in Mortgage Book No. Page 534. By Assignment of Mortgage recorded 5/2(5/99 the mortgage was assigned to PLAINTWF which Assignment is recorded in Assignment of Mortgage Book No. 614, Page 24. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 8/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 7/1/01 through 12/1/01 (per Diem $14.56) Attorney's Fees Cumulative Late Charges 6/12/98 to 12/1/01 Cost of Suit and Title Search Subtotal $68,595.84 2,242.24 1,225.00 78.12 550.00 $72,691.20 Escrow 0.00 Credit 65.53_ Deficit ~ Subtotal TOTAL $72,756.73 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff s written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the pennsylvania Housing Finance Agency. an in rem Judgment against the Defendant(s) in the sum of WHEREFORE, PLAINTIFF demands __ - $72,756.73, together with interest fxom 12/1/01 at the rate of $14.56 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~ ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff wHEN RECORDED MAIL TO: REGAL SAVINGS BANK, F.S.B. 10125 REISTERSTOWN RoAD owINGS MILLS, t.'dkRYL~AND Loan No - 00 - 4303 ~ __ lSpacc A~OVC T~is L~e Fey R~cerdi.$ Dsm) MORTGAGE THIS MORTGAGE CS~dtY Instrument') is given on ~E !2, 1998 ~c mo~gagor is cINDY D~B~ HINKLE' (.Bo~OWe~")- ~is ~fity Insulmat ~s g~vc~ to REGAL SAVINGS B~K, F.S-B' whi~ is org~i~ ~d exlsting uMer the la~ of ~y~D 10123 REISTERSTO~ RO~ owINGS MILLS, ~y~D 211%7 ('~d~'). ~ower ow~ ~der ~e pfincip~ sum of SEVENTY oNE THOUS~ ~D ). ~s d~t ~ ~i~n~ by Bo~oWer's note ~ed DoHm (U.S. $ 71,000.00 ~11 d~, if~t p~d ~ariier. ~ to ~der: (a) ~e r~ay~t of s~ri~ [~tmm~t ("Note'), whi~ p~vides for ~nlhly Pa~~' wi~ ~e payable on ~Y 1, 2028 · . ~is ~u~ty I~tm~t ~e d~t eviden~ by ihe No~, wiih inter--t, ~d ~1 ~w~s, este~io~ ~d ~dificatio~ of the Note; (b) payment of ~l oth~ su~. wi~ inmmst, ~v~c~ ~d~ p~graph 7 to p~t~t l~tmme~t; ~d (c) the p~°~ of ~ower's cowe~ ~d agr~~ ~er ~ow~ do~ hereby ~%g~t ~d convey to ~nder me following CounW. p~ylv~a: Note. For ~is pu~SC, C~,~ HEREOF AS E~IBIT lo~ied in LEGAL DESCRIPTION A~ACHED HE.TO ~ ~E A p~T which ha~ the address of 101 AD/~MS Ro'n'D' CAP. LISLE pennsylvania ~70~3 ("Prop~Y [Zip C~l TOGETHER WI~ ~1 ~c i~/ov~ts now or hctea~er er~ed on ~e pwpe~y. ~ ~l ~c~. appu~. ~d fixtures now or her~Re~ a p~ of ~e pwpenY. All r~la~ts md ~ditio~ sh~l ~so cove~ by this ~curity l~t~t' MI of ~e foregoing ~ referr~ to ~ ~is ~ity 1~w~t ~ the BORROWER coVENANTS that Borrower is tawfuBY seised of the estate hereby conveyed and has the right to ,mortg~i¢, gram and convey the property and that th6 Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Properly against ail claims and demands, subject to any THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform variations by .]urisdiction to constitute a uniform security insmunent coveting real property· UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayme~ and Late ChargeS. Borrower shall promptly pay whan due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under ',he 2. Funds for Taxes and bxsurance. Subject to applicable law or to a written waiver by Lender. Borrower shall pay to Lender on the day monthly payments are due under the Note. until the Note is paid in full. a stun ("Funds") attain priority over this Security Instrument as a lien on the property; for: (a) yearly taxes and assessments which may hazard or propony insur:mce Co) ye~ly leasehold payments or ground rents on the Property. if any; (c) yearly premiums; (d) yeariy flood insurance premiums, if any; (e) yearly mdrrgage i~uranCe premimus, if any; and (O any sumS payable by Borrower to Lender, in accordanc~ with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums- These itemS are called "EscrOW Items.' Lender may. at anY time, collect and hold lender for a federally related mortgage loan may require seq. ('RESPA'), unless another law that applies to the Funds sets a lesser amount. If amount. Lender may to time, 12 IJ.S.C.§ 2601 et so, Lender maY, at any time, collect :md' l~old Funds in an amount not to excel the lesser estimate the amoUnt of FundS due on the basis of current data and reasonable estimates of expenditures of futura · 'n accordan~ with applicable law. by a federal agency, instrumentality, or entity Escrow Itema or o~e~t~se J i,~ ~n institution whose deposits are insured Lender shait appty the Funds Thc Funds shah ~c .,.I (including Lender, ifLendes is such :m instlmtinn) or in any Federal Home Loan Bank. to pay the Eicrow Items. Lender may not charge Borrower for holding and applying the Funds, annually anaiyzin$ law permits Lender to make such a charge. Howevcr, Lcndes may require Borrower to pay a one-time charge forlaw shall not bc indcgendent real estate tax reporting service used by Lendes in counectiun with this loan, unless applicable in writing, however, provides other, vise. Unless an agtccmeot is made or applicable law rcquires iotcrcst to bc paid, Lender mquircd to pay Borrower any interest, or earnings on thc Funds. Borrower and Lendet may agree shall give to Borrower, without charge, an almual accounting of the that interest shall bc paid un the Funds. Lendes secured by this Security Instrument. Funds. showing credits and debits to the Funds and the purpose for whiCh each dsbit to thc Funds was made. Thc Fund, am pledged as , di,iooal ,ecur lit ,e held b, applicshIe ,aw, nder shal' , ount ,o If the Funds held by Lender excel, with the requirements of applicable law. If the amount of the Funds held Borrower for the excess Funds in accordanee when due, Lender may so notify Borrower in writing, by Lendes at any time is not sufficient to pay the Escrow Items make up the deficiency. Borrower shall make and, in suCh ~ae Borrower shall pay to Leudes the amount ner~asary to ' sole discrO, ion. I a ~ms, at Lender s m fl a:f~.md to Boo. wet --- deficiency in no more than twelve mo~n~l.7,~ sY~ec~rity InstrUment, Lender shall_pro ~.t, YLender prat to the up me ___ C~-t in full of all sums secur~ uI ~;'o, ,~,.~ shall aequi~ or s~ll the j,roge~tI.,. -- _. -~1~ as a cI~dit any unds held hy Uu% '-"..U';;;l a;3ly any Funds held by =uoer acquisition or sale of the · S~urity Instrument. · ...... ~-- all -a~rneou received by Lender under aiainst the sums secured by this ,,_,~o annlicable law provmeS ome,~,.~., ~f- ~g~. second, to amounts payable ' Application of paym~t~- ~n,~.o r~% ,,renavment Charges due unner me ?~. ,._._~ due under the Not~. cha.w, es, fines and impositions attri, bnta.b.l~ to the ~ - ' ' if anY- under paragraph 2; third, to mtarest un. ~-~y all taxes, assessments, ani~easehold payments or grounu rems, 4. CJmrges; Liens. Borrower shall Borrower Progeny which may attain priority over this Security Instmmem, Borrower shall pay these obligatiOnS in the manner provided in paragraph '2, or if not paid in that mannes, shall pay them on time directly to thc person owed payment. Borrower shall prompdy furnish to l.~nder all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly t odes receiptS ~-idencing the pa..ymen~;_~. ~..o ,,rioritv over this Socurity Inatsument unless Borrowes: (a) Borrower shall promptly ols~, ~, . by the lien in a manner acceptable to Lender; (b) contests agrees in writing ro the payment of the obligation secured in good faith the lien by,or defends against enforcement of the lien in, legal proceedings whiCh in the Lender's opinion operate to pti.went the enforcement of the lien; or (c) secuteS from the holder of the lien an agr~m, ent satisfactory to Lender subordinating the lien to this Security lnstnimem. If Lender dst~mines that any part of the Property is priority over this Security Instrument, Lendar may give Borrower a ootic~ idantlfYing giving subject to a lien which may attain the lien- Borrower shall satisfy the lien or take one or more of thc actions set forth abOVe within 10 days of the of notice. ~_~, ,..,ranch. Borrower shall keep .the .u~_ pru~w "--,endnd coverage" and any Other S Hazard al' r~l~,,~ ~.---. .... ~- included within toe t~, ...... . ...... ;ntained in the amount$ thc Property msu g-. ~^- which Lender reqmres lnsura~ · .~._. ,he insurance shall bc chosen ~Y Bono '""~"~-~'e ~criods that Lender rcqmrcs... ~-~.",.~_' .,nrcasonably withhcld. If lsorrow.. -~ in subiact to Lender's approval ....... obtain coverage to protect Lender's right~ in thc Prope~y All insurance policies and renewals shall bc acceptable to Lender and shall include a standard Lender shall have thc right to hold thc policies and rancwals. If Lender requires, Borrower shall pmmpdy Lender all receipts of paid premiums and rencwal notices. In the evant of loss, Borrower shall give prompt notiCc to the insurance cartier and Lcndes. Lender may make proof of loss if not madc promptly by Borrower. p-~.~-s¥ Lv AN i~e"ii amil~6 to rcstoratinn or Lender's socurity is not Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied security would be tessened, the insurance · repai? 'of the Property damaged, if the restoration or repair is economically fessible and lessened. If the restoration or repair is not economically fessible or Lender's then due, with any exceSS proceeds shall be applied to the sums secured by this Security Instrument, whether or not paid m Borrower. If Borrower abandonS lhe Property, or does nol answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the inSurance prOCeeds. Lender may uae or to pay sumS secured by this Secuaily Instrumant, whether or not th~n the proceeds to repair or restore the Property notice is given. rwtse agree in writing any application of pro,ods to principal shall not extend due. The 30-day period will begin when .the ' · 1 and 2 or chan~e the amot~.t, of the oder and BorroWer otbe referred to in paragraphs , . an uasurance [mi ctes and Unless ~ ~..- ante of the monthly payments _a b~ Lender Borrower s ngin to Y of the sums -- If under paragraph ~' .... prior to the acquisitinn shall pass to l~oder to the extent from damage to the property proceeds resulting immediately prior to the acquisition. secured by this Security Instrument Malatenan~ and prot~zlion of the pmpen'l'; Bon~wer's Loan Application; 6. Ocoupanc~, th-ese~rafion, use the Property as BormWes's principal residence within alxtydays l..:a.s~olds. Borrower shall occupy, establish, and ln~n~o~oWw~r?s ~r~o~ continue to ocCUpy the Property as Borrower's principal the execution of this Security In.stmment and shall circumstances exist which arc ~ ' ' ' ' ' t one year after the date of oc, copa~cy, unless Lender otherwise agrree~t shall not bc unrec.sonab~y" ...... · ' the Property, allow the p~'operty to deteriorate, or commit waste on the Borrower shall not destroy, damage or tmpmr action or proceeding, whether civil or crkminal, is begun that Borrower shall hc in default if any f~rfeiUare, of the PropestY or otherwise materially impair the lien Property., ~ ~ ..,. ;udomsnt could result tn forf?lt~r~_.ot Borrower may cure such a default and reinstate, as ua Lender s goon m:,,, ~ ,, .... r ,.oder's security Uat~,-o .be dismissed with a ruling that, in Lender's goOd faith created by this Security instruct ~- ~ to impairment of the lien lg, by causing the action or proceeding daermiuatlon, precludes forfeiture of the Borrower's interest in the Property or other material created by this S~curity Instrument or Lender's security intereSt. Borrower shall also be in default if BorrOWer, during the loan application process, gave materially false or inaccurate information or staten~nts to Lender (,or failed to Lender with any material information) in connectinn with the loan evidenced by thc Note, including, but not Borrower's occupancy of thc property as a principal residence, H this limited to, representations concerning comply with all the provisions of the lease. If Borrower acquires fcc title lnstmUacnt is on a leasehold, BorroWer shall msrge u~ass Lender agrees to the m.~rger in writing. leasehold and the f~ title shall not -~rm thc coveoanl$ and agreemen? to the PropertY, the ,,, ~,~,',"s Rigllts in th~ pn~:rty. If B 'Is to -~ , - ' -r Prot~ztion m ~,-,~"- -- -- is a legal prncccm-~ Y enforce laws or contained in this Security Instmnmnt, or tnet~ bankruptcY, probate, for condemnation or forfeiture or to Property (such as a procoediog in is necessa-q' to pwtect the value of the property and Lender's · -"~-'s actions may P '" '-*' fees and entering on the property . in the propertY;n i, cour', pay g re o=:le.ata g; do s not have ,o do au... rrower by Security luatrumsnt, PP - --,ion under this paragrapo ~, ,, .~,-- -~om¢ additional debt o* ~o Although Lender may ta~c.'~'.'I , under under this paragraph - ~,an t,~ of paymant, these amounts shall beat Any amounts dishnrsco ul, ~ Lender agrC~ to other terms from Lender this Security Instrowamt, Unless BorroWer and · ' ' interest from the date of disbursement at the Note rate and shall be payable, wtth interest, upon nottce the loan secured by to Borrower requesting payment. g. Mortgage Insurance. If Lender required mortgage insurance as a condition of making this Security instrument. Borrower shall pay the premiums required to maintain the mortgage insurance in effect. for any reason, the mortgage insurance coverage required by Lender lapSeS or ceeses to be in effect, Borrower shall obtain coverage substantially equivalent to the mortgage in.sm'once previously in preVioUsly in effect, from an pay the premiums required to red b l-~m'~r If substantially eq?ivalent mortgage insurance coverage is not at a cost substantially equivalent to the cost to BorroWer of the mortgage insurance mort age insurer appro Y '~;nth a sum equal ro ~ae-twelfth of the yearly mortgage insurance alternate g ...... 'o Lender each , ..a or ceased to be in effect. Lender will accept, -- ' · . "' that Lender · . Borrower shall pay the be required, at the option of Lender, if mortgage iuauranee coverage (in the amount mid for the period requires) provided by an insurer approved by Lender again becomes available and ts obtmncd,-,ntiI the requiromani for premiums required to maintain mortgage insurance in effeCt, or to provide a loss t~serve, ends in accordance with any written agreeraent between Borrower and I.~nder or applicable law. · n and inspections of the propel'ry. Lender mortgage insurance '- -~t may make reesouable entries u.~_.. _ ~asonabie cans~ for the uaspeCtton. shall give Borrower no,, of any awarg or claim for damages, ' are'hereby 10. Condemnation- The proceeds any condemnation or other taking of any part of the Property, or for conveyance io lieu of condemnation, assigned and shall be paid to IT~nder,. Property, the proceeds shall be applied to the sums secured by this Security In the event of a total taking of the excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equalBorrower and Lender otherwise by the araount of the process of the sums secured lay this Security instmu~nt immediately before the taking, unless before the taking, divided immediately a~ec in writing, the sums secured by this Security Instrumant shall be reduced Any balance shall the multiplied by thc following fraction: (a) thc total amount of the sums secured b~ paid to Borrower. by (b) thc fair market value of the Property immediately before the taking, property imm~iatelY before in which the fair market value ut' the In the cvem of a partial taking of the Property taking, unleSs Borrower and Lender · - areas anplicabl¢ law otherwise provides, the proc.~Ms shall be applied to the sums or if afler notice by Lender to Borrower that the condenmor sesur~i hy this Security luatrumen by Borrower, , If thc Property is abandoned ; fails to re~)ood to Lender within 30 days after thc date the to make an award or settle a clalro for damageS, BorroWer ~ '- F~ ~lA-Sinl~e page 3 of 6 is authorized to e&lcct and apply the proceeds, at its option, either to restoration or r~air of not then due. uo! extend of pr~~s ~ount of su~ ~tice is given. ~nder s~ured by ~is SecudW lns~ment, whether or to pdnC~p~ sh~t the Pro,nY ot to the U~eas Lender ~d Borrower othe~isc agree in writing. ~Y appii~tioa ch~ge or ~st~ne the due date of the ~nthly payments referred to in p~agr~hs 1 and 2 or pa~ms- Not ~1~; Fo~ B~ ~ Not a Wive.' ExtensiOn of ~e ti~ for payment ~r 11. ~w~ · o[ the su~ s~ur~ by this S~ufit~ Instm~nt gr~t~ b~ ~nder of ~oai~tmn tele~e the liability of the origin~ Boffower or Bonower's su~O~ m succ~sor in interest or re~ to ex~nd m~dification shill not opiate to p~edi~gs agai~t ~Y . ~ufity I~~t by ~on ~s~ in.rest of Bor~Wer co~ence . _~ ~a~uon ~- ..e --- ~n interest. Any torontO'S.. ~ . interest- ~der shall not be r~uir~ to . . ~ .~ sa~ secur~ by ~s ...... -ce by ~nder m exe ~ ~de by the ortgm~ -..~ver of or pr~m-- ~...:.... Crosier. """ dem~a --~ shall not be a ~ ..... a ~ ~m.~. · ~d ~igns of ~ader ~fl Bo~OWer. sublea to ~e pwvisio~ ~y right or re..~ __~ ~4~; joint ~ ~y Bonower who ~-si~ ~s stmm~t S~urity lnst~ment shall bind ~d benefit shill ~ joint ~d severfl. Z~:Y (a)~s ~-s'gmn' t..,. ~ri~ l~t~t' ' ' paagraph 17. Borrower's ~venanis ~d agr~nts .... ~is ~udty la · tbX s not per~n~lY S~nty I~ eat Bo~owec'S intent ~n ~ .r ~ . .~ ~at ~nde~ ~d ~Y o~r ~d conVe~ --- .~a ~v this S~fitY Instm~nt; ~d lc) agr.-~ .. ,-~ of ~is s~nty ~-'- · _,.a to uay the su~ s~U~ -Jff_~. ~v ~co~~a[i°~ with ~ga~6 to me ,- to a [aw wh[~ sets . °bhg~'~cxt~nd m~[~, ~orb~ o~ n~- -'~ is suul~L.~ cofl~ or to be ~ll~t~ m ~e Note wtm~- ~f ~e Io~ s~u~ ~ ~ ~a~. ' at t~e interest or o~er~ ~ - - ~d ~at law is fin~ t cn~g I with thc Io~ ex~ "' ~ 1~; a~d ~) ~Y ~ ~re~? ~s ~d by ~ucinl ~ecUOn tff thc ~tt~ pdncip~. u~ss~ to r~UCe the ch~ge Borrower. Mnder ~Y choom to ~ ~ucfiOU ~c~ ~tt~ li~ts will be re~nd~ to a d~t pay~l to BorrOwS. If a re,n6 ~u~ ~e p~ncip' ow~ uadc~ ...... ay~t wt~O~t e!~P.i~ in ~is s~urity lnstm~_~ ~e will be treat~ ~ a ~am~_.~ff~% ~ower prOVt~ L~..~.~ use of ~th~ 14 Nofi~- any uo,,~, .--t-ss aoplic~le taw ~-,'-- by noti~ to ~er. Any ~ti~ to ~nder by mailing it by first class ~n ~,,~ ~ ~y other ~dr~ the Prope~Y Afld~sS or ~Y o~er ~dr~S Bo~ower d~i~ates~der d~ig~t~ byaOti~ given by first cica ~il to ~dcr's addles stat~ here~n m Any ~ti~ provided ~or in ~is S~urity l~t~nt sh~l be deem~ to have ~n given to ~wer or or oro~ d~ in ~is p~gtaph, i~t~nt shill be gov~ by f~er~ law of given ~ ~v~g ~w; ~W. ~is ~utity . . . jurisdiction in which the ~pe~y law, su~ conflict s~ll not aff~t o~er prov~ons of ~ls of ~is Scarify l~t~ ~e Note conflicts wi~ aDpiic~bte ' Note whi~ ~ ~ given eff~t wt~out ~e ~nflictin~ pmv~ston. To ~[s en~ thc severablc. Note ~fl ~d the Note me d~t~ to ~ given o~e con[o~d copy of ~e ..... sh~l ~ If ~t o~ ~ v . ~.~ iS not t~ T~ Of ~c ~ et a - -~ci~ interest la ~.o . i~iate pay~t in int~est in ti ts sold or tr~sf~l~ (or if a OChre, - --*-, a its ~tion, requl~ a n~urfl ~rson) . . .~;. i~ty I~tm~nt' Howler, thts opttolt e~ of ~1 su~ s~urea uy ..... f ~is ~cufity I~tm~t' . of ~eleration. ~e notice shill pmVi~ a -'~it~ by fede~ taw ~ of [¥ da~er ~t give ~wer ~uce ~il~ w[~in wbi~ ~w~ must is ddiver~ or Fro" If Mnder exe~is~ ~s opUon. ~e notice · ~ri~ not l~s ~ 30 days from ~e dare ...... aY ~ese su~ prior · ~. ~d on ~w~. ~,~ by ~is Se~tY l~t~at' If ~owet .mu~ ,~ ~en' ~thout [ur~er notice u, ~ fight to ~vc by ~is S~unty l~t~ - ~tmwer ~1 ~der may invOke · If Bo~wer · to ~ ~1[~ o[; (a) 5 days (or such o~ tS. ~~°~'s ~t to g~' , ~o~, ~ , ' , ' ' di~ont~ued at ~Y ti~ prior pmpe~Y p~u~t to ~fo~c~t of ~is S~urRy l~tm~a~or rei~t~at) ~fore ~le of ~e ..... m~t ~ose coudmO~ ~fiod ~ ~pli~le law ~Y s~i~ . ~ ~t~ of a l~d~~t _. _ ~der ~is ~W .... .=. c~rity I~truant' ~ ~L~ ..,~ich ~en wo~d ~ ~u~ r a[~ co~tam~ m ~,. - - ~ ~w Lender ~t su~ -- of ~v o~er ~v~ts o_ ~e that ~r~wer. [a~ v-~- Ib~ curm ~Y default ' - li~t~ to, r~name ~ if no ~lcration ~d o~u~r~; ~tm~ut. including, but not S~urity I~t~t' ~g~- in~ed in enforcing ~is S~Urity to ~ute ~at the li~ of~is such action ~ ~ndet ~Y re~nablY r~Uire ~ by this S~urity I~m~t c~ of ~le~tion Bo~wer's obligation t~ p:~ th~t~t ~d the obligatio~ ~ur~ he,~Y sh~t Pro,nY .md · b~ Bo~wer' ttus ~ · ~is right to rei~tate sh~i not apPlY Upon ~tcmen, . h~ o~urr~. ~owever, off. live ~ if uo acceleration ~c Nme (togeth~ wi~ ~is h 17 ~ ~e Note or a p~i~ inter~t in und~ ~aragraP ' ~---e of ~ ~ ' '~- ~odce m ~rrower. of ~o~e;' due under ........ ~ -- -.--~. wi~out pn~- .. 19. ~e -.x ~v be sold one or more u.~ ~n~ly payments Nog. ~urity Inst~me,,.t ' .~ ~rvi~") that coll~tS in ~e entity (~o~ ~ ~e ch~ges of ~e ~ Semicer u~lat~ to a sfle of ~e wi~ p~ag~h l~t~t' ~ere ~so ~Y be one or ~g ~d~ is a ch~ge of ~e ~ Se~iccr, Borrower will ~ given wriu~ noii~ of ~e ch~ge in ~otd~ce 14 ~ve ~d applicable ~aw. ~c amice will state the ~ne ~d addr~s et' ~e to which payments ~ould ~ m~e. ~e noti~ will flso contain ~Y o~er info.alien r~Uir~ by appli~le law. 20. H~o~ ~' ~rrower shill not cause or pe~R ~e pgSe~e, of ~Y H~°us Subst~C~ on or in ~e Pro~rty. Borrower shall not do, nor fllow ~o~ dg to do, ~yth~g affecting thc p~pe~y that is in violation of ~Y Envimnmen~ Law. ~e pr~ing two sent~c~ sh~l not apply or storage on ~c PropCgy of s~l qualities of H~°us Subs~C~ ~e p~e~e, use, resid~tial us~ ~d to ~inte~ce of the pro.nY. to be appropriate to no~t ,o~146~r~g 537 ' '-~ · demand, lawsm · ' ~tion, claim, .. _..tons Subslanc~ or o~ ~ -'et s~l promP Y -, -~ous Subs .~l~e k ---tos or fo~ ' ne~ss~, ~ ;~ ~is p~raph ' ~ thc folloWtn~ sub .... ts ~ted's ~la nm~_~e~ laws ~d laws of iufi~iction w~Cr-ff., ~avEHANTS, NON-UNIFOK~ ~ ~we~ prior to ~ce~ .._~ unde~ p~a~taP~ *' I ire notice to ~.. not prior Io acc=~=~t.~u~* ~a) ~e default; ~) .~i~ Lender sh~ ~. ~.st~m=nt ~o~, ~ --~.o o~Cr ~tn~S: ~,~ .._ ~cf~t ~ _ ', ..~ covCn~t or -~ .--~ise). ~aer ~.,-~ ,, ~st ~ cut~; ..... ~-~OSU~ bYjuut~t~ r ~ d~ht b~acn ot ~]i~Ie law provides o~,X., icl wh~n ~e detam~"~uritv lnst~nt, tu;~,., ~:lcration ~ me unl~s appSt~._.a to cure ~e aetam~,~ ~ s~uted by mrs ~.~,, ~ioht to reb~tat~ ~"~crow~ to u,~ ~.a may result in ac~,~_, strait ~e~ lnlo~ ~_ ~f a default or ~ ou~] r~uirC i~a~ P~'~t by ~dc~in~ ~s ~.,~ under applicable ' of ~e f~ is perone, 5 -~fo~ mis o~ -. -~ntiou -~'" ..:.~ ~ p~ag,-~ . · ..... meat. ..... ~" ' df~s sac ~, ~is ~ ..... 24, ~ of bidding at a she ~ ~c debt ~ by - . ~ncy ~gage. , ----ne is ent~ on .._ ~o~nCe~~ ., ~. If mY o, ~1 ~ a pu~' *~tc a~er a lucy~- ., ,. to u~ - ~ Mo~ m°~[.,,,iw I~t~~t su-.,, ,he inte~es~ rue pay~u .. ,i~e ~d~ ~ ~o,-, ~' .~ ,~. prope~Y, tins ~' ~wer aRraS mat ~ ._ ~a~le [win u~ ~ "~[~ ~d r~ ~quire uUc to ~%~[. ~ ]ud~t. ~,~---e sh~l ~ ~c r~ ~[ e~uted by Bo~°w"_~.a~ into ~d 26. ~ ~ .t mortgage fot~tu.]~ .. or ~ ndc~ m- ' ~der ~hall be mco~,~ ... a o~ of ~nd ~d suP9mm S~uritY Ins~nt~ -~es)l ~ 1-4 F~Iy Rider [Ch~k applicable uO~x ~ ^djustabie Rate Rider ~ Graduated Payment Rider ~ BallOOn Rider ~ Other(S) [speCif¥~ ~ Biweekly Payment Rider ~ Second ttor~ Rider ~ ~d ~u ~Y fide~(S) ex~Ut~ by ~o~we~ ~d ~e~d~ w~ k. ' 6 Sf ~ S~arily l~t~mea~ _ ~BAR HTM _ (S~) (Seal) -- (Sero) (Seal) COMMONWEALTH OF pENNSYLVANIA, cuMBERLAND Couaty ss: ~o~ to ~ (or smisf~to~Y subs~i~ to whose ~ pu~OSe oroven) to b~ ~e ~n -- ex~ut~ the s~ ~ot ~d ~wl~ged that ~ -' h~ WI~ESS WHEREOP, I he~am set my do he,*Y certi~ ~e ;~N~ MIL~S, MD 2Lll' -- / ] / ALL tha~ certain tract of land located in SoUth Middleton Township, cumberland COunty, pennsylvania, Sohoolhoume Road, which point im 664.5 feet, more or leSS,, south o~ the WalnUt BottOm Road: thence by property of p~ul J- Tyger, South 48 degrees 30 minutes We~t 260 feet, more or leSS, =ca point in South 34 degrees 15 minutes East 85.4 feet to a _ -- cohick; thence by the same ~oint in' line of Mg~t~5~t =ore or lesS, Co_~_~. point in t:~? ~°12=~ of the Oak ScnoO~ .... to North 40 degrees Wes= 120.5 a point, the place of Beginning- Alice E- $choffstall by deed dated October 12, ~976, amd recorded in office of Recorder of Deeds for Cu~%berland CoUmtY in Deed Boo~ ,'V", Vol- 26, 592 conveyed =o Rober~ Allen Hinkle and cindy pag? ..... ~ ~ran~ors he~ein. This.is a tramfer from Husband and Wife to Wife and exempt from transfer tax. pREMISES ON: 101. ADAHSROAD V__ER!F._IC ATION- KRISTINE WILSON hereby states that she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE:__ ~---'~~7)!- - SHERIFF'S RETURN - REGULAR CASE NO: 2001-07131 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS HINKLE CINDY DUNBAR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HINKLE CINDY DUNBAR the DEFENDANT , at 2003:00 HOURS, on the 28th day of December , 2001 at 101 ADAMS ROAD CARLISLE, PA 17013 by handing to CINDY HINKLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this [~ day of ~ ~2~;,~ A.D. tP~othonotary , So Answers: R. Thomas Kline 01/02/2002 FEDERMAN &~~y~S~ By: eriff · FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 Plaintiff, CINDY DUNBAR-ItlNKLE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-7131 CIVIL PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CINDY DUNBAR-HINKLE and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days fi.om service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 12/1/01 to 2/4/02 TOTAL $72,756.73 $960.96 $73,717.69 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDER_~ViAN, ~S(~E Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY FEDERMAN AND PHELAN, L.L.P. 'Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff VS. CINDY DUNBAR-HINKLE ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 01-7131 Defendant (s) TO: CINDY DUNBAR-HINKLE 101 ADAMS ROAD CARLISLE,PA 17013 DATE OF NOTICE: JANI/ARY 18, 2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AiqD ~ INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federn~an,- Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 Plaintiff, CINDY DUNBAR-HINKLE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 01-7131 CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-capfioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant CINDY DUNBAR-HINKLE is over 18 years of age and resides at, 101 ADAMS ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 Plaintiff, CINDY DUNBAR-HINKLE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 01-7131 CIVIL Notice is given that a Judgment in the above-captioned matter has been entered against you on d.- 2oo . By: ~p~/O~. If you have any questions conceming this matter, please contact: FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, CINDY DUNBAR-HINKLE Defendant(s). : No. 01-7131 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/4/02 to 6/05/02 (per diem -12.11) TOTAL $73,717.69 $1,466.52 $75,184.21 and Costs FRANK FEDER~AN, ES~RE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property.No. ALL THAT CERTAIN tract of land located in South Middleton Township, Cumberland County, Pennsylvania. BEGINNING at a point in the center of the Oak Schootlaouse Road. which point is 664.5 feet, more or less, South of the Walnut Bottom Road; thence by property of Paul J. Tyger, South 48 degrees, 30 minutes West 260 feet, more or less, to a point in line of land of Robert Meyer; thence along same South 34 degrees, 15 minutes East 85.4 feet to a point in line of Hester Cohick; thence by the same North 56 degrees, 227 feet, more or less, to a point in the center of the Oak Schoolhouse Road; thence by the center of the Oak Schoolhouse Road, North 40 degrees West 120.5 feet, more or less, to a point, the place of beginning. Tax Parcel #24-0744-037 TITLE TO SAID PRE/vIISES IS VESTED IN Cindy Dnnbar~Hinkle by Deed from Robert Alien Hinkle and Cindy Dunbar Hinkle dated 9/7/1993 and recorded 9/8/1993 in Record Book M-36. Page 1176. GMAC MORTGAGE CORPORATION Plaintiff, Vo CINDY DUNBAR-HINKLE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-7131 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~101 ADAMS ROAD~ CARLISLE~ PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CINDY DUNBAR-HINKLE 101 ADAMS ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: CINDY DUNBAR-HINKLE 101 ADAMS ROAD CARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Salne Last Known Address (if address cannot be reasonably ascertained, please indicate) Household Realty Corporation 42 M.J. Mall Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 101 ADAMS ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE F Attorney for Plaintiff · FEDI~RMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff, CINDY DUNBAR-HINKLE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-7131 CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Attorney for Plaintiff · GMA~ MORTGAGE CORPORATION Plaintiff, CINDY DUNBAR-HINKLE Defendant(s). TO: CINDY DUNBAR-HINKLE 101 ADAMS ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 01-7131 CIVIL February 11, 2002 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSL¥ RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at ~ 101 ADAMS ROAD~ CARLISLE~ PA 17013~ is scheduled to be sold at the Sheriff's Sale on JUNE 5~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the co0rt judgment of 73~717.69 obtained by .GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to syop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHEI~ RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563q7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff'within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land located in South Middleton Township, Cumberland Count?', Permsylvania. BEGINNING ar a point in the center of the Oak Schoolhouse Road. which point is 664.5 feet, more or less, South of the Walnut Bottom Road: thence by property of Paul J. Tyger, South 48 degrees, 30 minutes West 260 feet, more or less, to a point in line of land of Robert Meyer; thence along same South 34 degrees, 15 minutes East 85.4 feet to a point in line of Hesrer Cohick; thence by the same North 56 degrees, 227 feet, more or less, to a point in the center of the Oak Schoolhouse Road; thence by the center of the Oak Schoolhouse Road, North 40 degrees West 120.5 feet, more or less, to a point, the place of beginning. Tax Parcel #24-0744-037 TITLE TO SAID PREMISES IS VESTED IN Cindy Dunbar-Hinkle by Deed from Robert Allen Hinkle and Cindy Dunbar Hinkle dared 9/7/1993 and recorded 9/8/I993 in Record Book .M-o6. Page 1176. GMAC Mortgage Corporation VS Cindy Dunbar-Hinkle In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-7131 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriffs Costs: Docketing 30.00 Surcharge 20.00 Posting Handbills Law Library .50 Prothonotary 1.00 Share of Bills Mileage 3.45 Levy 15.00 Advertising Certified Mail Poundage 1.40 Law Journal Patriot News $ 71.35 paid by attorney 3-13-02 Sworn and subscribed to before me This ]d~day ofD~-~ 2002, A.D. (~,.,.. ,_. Prothonotary R. Thomas Kline, Sheriff Real Es{ate Deputy GMAC MORTGAGE CORPORATION Plaintiff, V. CINDY DUNBAR-HINKLE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-7131 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~101 ADAMS ROAD~ CARLISLE~ PA 17013. l. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CINDY DUNBAR-HINKLE 101 ADAMS ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: CINDY DUNBAR-HINKLE 101 ADAMS ROAD CARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Narfle Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded ho.lder of'every mortgage of record: manic Last Known Address (if address cannot be reasonably ascertained, please indicate) Household Realty Corporation 42 M.$. Mall Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Nallle Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 101 ADAMS ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 4~ 2002 ~/~ _ ~._~1 DATE FRANK FEDEX, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, V. CINDY DUNBAR-HINKLE Defendant(s). TO: CINDY DUNBAR-HINKLE 101 ADAMS ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 01-7131 CIVIL February 11, 2002 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING 2'0 COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PRE VIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS 1S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at ~ 101 ADAMS ROAD~ CARLISLE~ PA 17013~ is scheduled to be sold at the Sheriff's Sale on JUNE 5~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 73~717.69 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: {215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one~ ,~hc more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your houge will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land located in South Middleton Township, Cumberland County, Pennsylvania. BEGINNING at a point in the center of the Oak SchooLhouse Road. which point is 664.5 feet, more or less, South of the Walnut Bottom Road; thence by property of Paul J. Tyger, South 48 degrees. 30 minutes West 260 feet, more or less, to a point in line of land of Robert Meyer: thence along same South 34 degrees, 1.5 minutes East 85.4 feet to a point in tine of Hester Cohick; thence by the same North 56 de~rees, 227 feet, more or less, to a point in the center of the Oak Schoolhouse Road: thence by the center of the Oak Schoolhouse Road, North 40 degrees West 120.5 feet, more or tess, to a point, the place of beginning. Tax Parcel rr..4-0744-0- / TITLE TO SAID PREMISES IS VESTED IN Cindy Dtmbar-Hinlde by Deed from Robert Allen Hinlde and Cindy Dunbar Hinkle dated 9/7/1993 and recorded 9/8/1993 in Record Book M-36. Page 1176. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-7131 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION PLANT1FF(S) From CINDY DLrNBAR-HINKLE, 101 ADAMS ROAD, CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant(s) and to sell REAL ESTATE LOCATED AT 101 ADAMS ROAD, CARLISLE PA 17013. (SEE ATTACED LEGAL DESCRIPTION.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $73,717.69 Interest 2/4/02 - 6/5/02 ($12.11/diem) Due Prothy $1.00 Atty's Comm % Atty Paid $103.25 Plaintiff Paid L.L. $.50 $1,466.52 Other Costs Date: FEBRUARY 13, 2002 REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: 1617 JFKBLVD STE 1400 ONE PENN CENTER AT SUBURBAN STATION PHILADELPHIA PA 19103 1814 Attorney for: PLAINTIFF Telephone: (215) 563 7000 Supreme Court ID No. 12248 CURTIS R. LONG Prothonotary, Civil Division .REAL £STATE SALE No. ~ On February 222002, the. sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, known and numbered as 101 Adams ROad, Carlisle and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 22, 2002 Real Estate Deputy