HomeMy WebLinkAbout02-1770Pluese, Ettin, Becket & Saltzman
A Division of
Katz, Ettin & Levine, P.C.
Rob Saltzman, Esquire
Attorney Identification No.: 53957
905 N. Kings Highway
Cherry Hill, NJ 08034
(856) 667-6440
Attorneys for Plaintiff
GMAC MORTGAGE CORPORATION
500 Enterprise Road, Suite 150
Horsham, PA 19044
Plaintiff,
v.
ARCHIE LEE SPACE
LESLEY A. SPACE
RR 2, Box 33
Sunbury, PA 17801
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION
COMPLAINT IN MORTGAGE FORECLOSURE
NOTIC~
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE
1. The Plaintiff, GMAC Mortgage Corporation, 500 Enterprise
Road, Suite 150, Horsham, PA 19044, is a corporation having been
organized under the laws of the United States of America and State
of Pennsylvania and having its principal place of business at 500
Enterprise Road, Suite 150, Horsham, PA 19044.
2. (a) Defendant(s), Archie Lee Space and Lesley A. Space
are individuals whose last known address is RR2, Box 33, Sunbury,
PA 17801.
(b) Defendant(s), Archie Lee Space and Lesley A. Space,
hold an interest in the subject property as mortgagors and record
owners.
(c) If any of the above named Defendants are deceased,
this action shall proceed against the deceased Defendant's heirs,
assigns, successors, administrators, personal representatives
and/or executors through their estate whether the estate is
probated.
3. (a) The residential mortgage being foreclosed encumbers
property located at 614 Erford Road, Camp Hill, Township of East
Pennsboro, Cumberland County, Pennsylvania.
(b) All documents evidencing the residential mortgage
have been recorded in the Recorder of Deeds' Office in Cumberland
County, Pennsylvania.
(c) The Mortgage was executed on March 30, 1998 and was
recorded on April 9, 1998, in Mortgage Book 1444, at Page 858 and
was subsequently assigned to Plaintiff by Assignment of Mortgage,
recorded on January 22, 1999 in Book 601 page 64.
(d) The legal description for this parcel is attached
hereto and incorporated herein as Exhibit "A" (Mortgaged Premises).
(e) Pursuant to Pennsylvania Rules of Civil Procedure
Rule 1147 (1) and 1019(g) Plaintiff is not obliged to append copies
of the above mentioned publicly recorded documents to this mortgage
foreclosure action. These documents are, however, appended hereto
and incorporated herein by reference as Exhibit "B", Mortgage.
(f) On January 24, 2002 notice under the Homeowners
Emergency Mortgage Assistance Act, Act 91 of 1983, was given to the
Defendants. A copy of said notice is attached as Exhibit "C".
4. The mortgage is in default because the Defendant(s),
Archie Lee Space and Lesley A. Space, failed to timely tender the
monthly payment of $675.91 on November 1, 2001, and thereafter
failed to make the monthly payments.
5. As authorized under the mortgage instrument,
obligation has been accelerated.
sums:
the loan
6. Plaintiff seeks entry of judgment in rem on the following
(a) Principal balance of mortgage
due and owing
$76,018.59
(b) Interest due and owing at the $3,006.90
rate of 7.500%
calculated from the default
date above stated through
April 10, 2002
Interest will continue to
accrue at the per diem rate of
$15.62 through the date
on which judgment in rem is
entered in Plaintiff's favor.
(c) Late Charges $176.40
(d) Property Inspections $28.90
(e) VA Appraisal $400.00
(f) Escrow Advances made by Plaintiff $543.42
Mortgagee on behalf of
Defendant mortgage account
(g) Attorneys' fees $1,250.00
(h) Title search and bringdown $250.00
TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF
$81,674.21
7. (a) The attorneys' fees set forth as recoverable at
Paragraph 6(f) are in conformity with Pennsylvania law and the
terms of the mortgage, and will be collected in the event of a
third-party purchaser at a Sheriff's Sale only.
(b) If the mortgage arrears are to be reinstated or
paid-off prior to the Sheriff's Sale, Plaintiff's actual attorneys'
fees (calculated at counsel's hourly rate) will be charged based
upon work actually performed.
WHEREFORE, the Plaintiff demands:
-- Entry of Judgment in rem against the Defendants
above named in the total amount of $81,674.21 as
stated at Paragraph 6, plus all additional interest
and late charges accruing through date of judgment
entry; and
-- Foreclosure and Sheriff's Sale of the subject
mortgaged property.
Pluese, Ettin, Becker & Saltzman
/Azman, Esquire
for Plaintiff
orney I.D. No. 53957
VERIFICATION
The undersigned, an Officer of GMAC Mortgage, the instant
Plaintiff, or its servicing agent, being authorized to make this
Verification on behalf of the Plaintiff, hereby verifies that the
facts set forth in the foregoing Complaint in Mortgage Foreclosure
are taken from the records maintained by persons supervised by the
undersigned who maintain the business records of the Mortgage held
by the Plaintiff in the ordinary course of business and that those
facts are true and correct to the best of the knowledge,
information and belief of the undersigned.
I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO
THE PENALTIES OF 18 Pa. C.S.A. 4904 RELATING TO UNSWORN
FALSIFICATION TO AUTHORITIES.
NAME: Frank G. Ruhl
TITLE: Vice President
COMPANY: GMAC Mortgage
ALL TI-IATCF. RTAIIIr lot or piece of ~round with d~e improvements thereon ~ slnmm in me
Tow~t~hi.~ of Fast Pcnnsbom, Cumbcr~*_~ County, Pennsylvania, described according to a survey made
by Mictmcl L. D*Anielo. R.S.. dated March 9, 1~4 as foliowin~ to wit:
BEGINNII~G at a point on the east side of Brfont Road said point being ~.02 fcct North of Glcnwood
Drive; thence extendiug along die FAst side of Edotd North 26 degrees 30 minutes 40 fcet East to a
point; Ihence extending along Lot No. 21x South 63 degrees 30 minutes East 115 feet to a poLut; thence
extending partly atong Lot No, 5x =nd partly alon~ Lot No. 5 South 26 degrees 30 minutes West 40
feet to a point; thenc~ extending along Lo~ No. 22x and passing d~ou~ the center of a partition wall
North 63 degrees 30 minmes West 115/Let to the lint mentioned point and phce of
BEING Lot No. 22, Block H on Plan No. l0 Ridley Park as recoxded in Cmabedand County Plan Book
18, page 47.
HAVtNO 'I'HERFAJN I:/KE/C'F~/L1 a dwelling known and numbexed as 614 Ezfozd Road.
Map#16-t050-273
,. NOTE
NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE
APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS-
OR ITS AUTHORIZED AGENT. case ID: 0521,01 '-
Loan ~: 3170503
. March 30th, 1998 CAMP HILL PENNSYLVANIA
[Date] [City] [State]
614 ERFORD ROAD, CAMP HILL, PA 17011
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 78,850.00 (this amount is called
"principal'), plus interest, to the order of the Lender. The Lender is AccuBanc Mortgage Corporation
· I understand
that the Lender may transfer this Note. The Lender or anyone .who takes this Note by transfer and who is entitled to receive
payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of pfinc/pal has been paid. I will pa..y interest at a yearly
rate of 7.500 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)
of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making payments every month.
1 will make my monthly payments on the lst~ day of each month beginning on May 1st // ,
1998 . I will make these payments every month until I have paid all of the principal and interest and any other charges
described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on
April 1st, 2028 , I still owe amounts under this Note, I will pay those amounts in full on that date,
which is called the "Maturity Date."
l will make my monthly payments at 12377 Merit Dr., #600, P.O. Box 809089,
Dallas, Texas 75251 or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 551.33
4. BORROWER'S RIGHT TO PREPAY
I have the fight to make payments of principal at any time before they are due. A payment of principal only is known as a
"prepayment." When 1 make a prepayment, I will tell the Note Holder in writing that I am doing so.
I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all
of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be
no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is fmally interpreted so that the interest or
other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan
charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected
/'rom me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by
reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction
will be treated as a partial prepayment·
6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days after
the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4. 000 % of
my overdue payment. I will pay this late charge promptly but only once on each late payment.
(B) Default
Ill do not pay the full amount of each monthly payment on the date it is due, I will be in default.
MULTISTATE FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mac Uniform Instrument
Form 3200 12/83
O~)-5V (e2o4} Amended 4/92
Page iVMPof 2MORTGAGE FORMS* ~313)293-8100 -imtml,:18001521-7291~
(C) Notice of Default
Ir Cam in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
· certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all
the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or
mailed to me.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
It' the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to
be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the
Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its
rights under this Note against each person individually or against all of us together. This means that any one of us may be
required to pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the
right to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. ALLONGE TO THIS NOTE
If an allonge providing for payment adjustments or for any other supplemental information is executed by the Borrower --
together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of
this Note as if the allonge were a part of this Note. [Check applicable box]
[-~ Graduated Payment Allonge ~ Other [Specifyl [---} Other [Specify]
1 I. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as
this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this
Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full
of all amounts I owe under this Note. Some of those conditions are described as follows:
Regulations (38 C.F.R. Part 36) issued under the Department of Veteran's Affairs ("V.A.") Guaranteed Loan
Authority (38 U.S.C. Chapter 37) and in effect on the date of loan dosing shall govern the rights, duties and
liabilities of the parties to this loan and any provisions of this Note which are inconsistent with such regulations
are hereby amended and supplemented to conform thereto.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
ARCHIE LEE $~
A ' .Bon~ow¢~ LESLEY A( SPACF."
SSN: SSN:
(Seal)
-Borrower
(Seal)
-Borrower
SSN: SSN:
(Seal)
-Borrower
[Sign Original Only]
O~-SV {9204) P~e 2 o~ 2 Form 3200 12/83
'98/~Pi~ 8 f~/~ 11 33
Parcel Numar:
[Sp~e Above 11~ Li~ For i~cord~--_ D~-]
Loa~ ID: 3170503
MORTGAGE c... ~D: ~ o~2.Ol
NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE
APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS
OR ITS AUTHORIZED AGENT.
THIS MORTGAGE ('Security Instrument") is given on March 30th, 1998 . The mortgagor is
ARCHII/ L]EE SPACE and LI~SLEY A. SPACE
("Borrower"). This Security Instrument is given to
AccuBanc M-Drtgage Cor~ora1:ionj
which is organized and existing under the laws of the State of Texas , and whose
addressis 12377 Merit: Dr., #600, P.O. Box 809089,
Dallas, Texas 75251 ("Lender"). Borrower owes Lender the principal sum of
seven~:y Eight Thoui~and Eight Hundred Fifty and no/100 ........
Dollars (U.S. $ 78,850.00 ).
This debt is evidenced by Borrower's note dated the same date as this Security lnstxument ("Not~*)'~ which provides for
moothlypayments, with the fuli debt, if not pald earlier, dueand payable on Apri't 1st, 2028 ~ ."
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and ~11 renewals,
extensions and modificafiens of the Note; (b) the payment of all other sums, with interest, advnnceai under paragraph 7 'to
protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreemant~ under this
Security Instnm~ent and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Leader the follgwing
described property located in CDMBERLAND County, Pennsylv~'fin:
SEE A-TT~CHMI/NT A
which has the address of
Peonsylv~inia 17 011
PENNSYLVANIA-Single Family-FNMA/FHLMC
UNIFORM INSTRUMENT Form 3039 91~0
~-6ViPA) 1~4to} Amended 5191
614 ERFORD ROAD, CAMP HILL
[Zip C~I' ("Property Address");
~ood444 ~., .858
City],
: T~)GETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and
fixtures no~, or he~eaP, era pert of the property. All replacements and additions shall also be covered by this Security
Insmm~nt. All of the foregoing is referred to in this Security Instrument as the 'Property.'
~BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the fight to mortgage,
grant and convey the Property and that the Property is unencumbered, excep~ for eno~rnbrauces of record. Borrower warrants
and will defend generally the title to the Property ag~st all claims and demands, subject to any eoenmbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uaiform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering rea[ property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
L Payment of Principal Ired Interest; Prepayment and Late Char~es. Borrower shah promptly pay when due the
ptiucipal of and interest on the debt eviduncod by the Note and any p~payment and late charges due under the Note.
2. Funds for Taxes and htsm'auce. 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 sum ('Funds') for: (a) yearly taxes
and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments
or ground rents on the Property, if any; (e) yearly b~rd or property insurance premiums; (d) yearly flood insurance premiums,
if any; (e) yearly mortgage insurance premiums~ if any; and (0 any sums payable by Borrower to Lender, in accordance 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 Funds in an amount not to exceed the maximum amount a ]emter for a federally
related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of
19'/4 as amended from time to time, 12 U.S.C. Section 2601 et seq. ('RESPA'), unless another law that applies to the Funds
sets a lesser amount. If so, Lender may, at any time, collect and hold Funds In an amount not to exceed the lesser amount.
Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future
Escrow Items or othen~ise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumen~lity, or entity
(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the
Escrow Items, Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or
verifying tho Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such
a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service
used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or
applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds.
Borrower and l.~nder may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower,
without charge, an annual accounting of tho Funds, showing credits and debits to the Funds and the purpose for which each
debit to the Funds was made. The Funds are pledged as additional security for ali sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower
for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any
time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower
shall pay to Lender the amount necessary to make up the deficiency. Borrower shall m*lre up the dei:iciency in no more lhan
lwelve monthly payments, at Lender's sole discretion.
Upon payment in full of all .~ms secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or
of the Proper~y, shall apply any Funds held by Lender at the time of acquisition or sale ss a credit against the sums secured by
this Security Instrument.
3. Applieniion of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs
I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph
third, to interest due; fourth, to principal due; and last, to any late charges due under the Note.
4. Char~es; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributeble to the Property
which may attain priority over tills Security Instrument, and leasehold payments or ground renis, if any. Borrower shall pay
these obligations in the manner provided in paragraph 2, or if not paid in h'~t manner, Borrower shall pay them on time directly
to the person owed payment. Borrower shall promptly famish to Lender all notices of amounts to be paid under this paragraph.
If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in
writing to the payment of the obligation secured by the lien in a r~sn~er acct'~p~able to Lender; (b) contests in good faith the lien
by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion op. erate to prevent the
enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lemd~r subordinating the lien to
this Security Instrument. If Lender de~ermines that any part of the Property is subject to a lien which may attain priority over
this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or
mere of the actions set forth above within 10 days of the giving of notice.
.s00Kt444
. , $. N.~rd or Property Insurance. Borrower shall keep the improvements now existing or hereafler erected on the
Property ir.s~lred aittinst loss by fire, hazards included within the term "extended coverage' and any other h.~rds, including
floo~ or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods
that Lender requires. The insurance carrier providing the insurance slm[! be chosen by Borrower subject to Lender's approval
which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's
option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender
shall have the right to hold the policies and ~newals. If Lender requires, Borrower shall promptly give to Lender all receipts of
paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.
Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the
Property damaged, if the restoration or repair is economically fuasible and Lender's security is not lessened. If the restoration or
repuir is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the
Property, or does not 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 use.the proc_~,4__s to repair or restore the Property or to pay sums
secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the smount of the payments. If
under paragraph 21 the Property is acquired by Lender, Borrower's right to any insunmce policies and proceeds resulting from
damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument
immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Pro!_,~__,_'on el' the Property; Borrower's Loan Application; Leaseholds.
Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of
this Security Instrument and shell continue to occupy the Property as Borrower's principal residence for st least one year after
the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or ualess
extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the
Property, allow the Property to deteriorate, or commit waste oil the Property. Borrower shah be in default if any forfeiture
action or proceeding, whether civil or crimln,I, is begun that in Lender's good faith judgment could result in forfeiture of the
Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may
cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling
that, in Lender's good f~th determination, precludes forfeiture of the Borrower's interest in the Property or other material
impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if
Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed
to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited
to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a
leasehold. Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the
leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
?. Protection of Lender's Rights in the Prolm'ty. If Borrower fails to perform the covenants and agreements contained in
this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a
proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and
pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may
include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying
reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph
7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shah become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the
date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting
payment.
8. Mortgage InsuranCe. If Lender required mortgage insurance as a coudition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the
mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to
obtain coverage subs~fially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the
cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If
substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to
one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to
be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve
Form 3039d/~.
· ' . payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period
that Lender, ~-equire~) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay
the p .remiums required to ma/ntain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage
insurance ends in accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Le~der or its agent may make reasonable entries upon end h~spections of the Property. Lender shall give
Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Cmxdemnatlon. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and
shall be paid to Leader.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secor~d by this Security Instrument,
whether or not then due, with any excess paid to Borrower. In the event of a partial taking of tho Property in which the fair
market value of the Property immediately before the taking is equal to or greater then the amount of the sums secured by this
Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by
this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) tho total
amount of the sums second immediately before the taking, divided by (b) the fair market value of the Property immediately
before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair
market value of the property i~iately before the talcing is [ess than the amount of the sums secured immediately befoi'e the
taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall
be applied to the sums secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the coodemnor offers to make an
award or settle a claim for damages, Borrower fails to respond to Leader within 30 days after the d~e- the notice is given,
Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the P~operty or to the sums
secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments refe. t-a~ to in paragraphs 1 and 2 or change the amount of such payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification
of amortization of the sum.a secured by this Security Instrument granted by Lender to any suc~r ia interest of Borrower shall
not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to
commence proceedings agninM any suce~of in interest or fefeso to exteod time fol' payment el' otherwise modify amortization
of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's
successors in interest. Any forbea~mce by Lender in exercising any right or remedy shall not be a waiver of or preclude the
exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agneements of this
Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of
paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that
Borrower's interest in the Property under the terms of this Security Instrument; CO) is not personally obligated to pay the sums
secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's eon.sent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,
and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the
loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge
to the permitted limit; and Co) any sums already collected from Borrower which exceeded permitted limits will be refunded to
Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct
payment to Borrower. If a refund reduces principal, th,, reduction will be treated es a partial prepayment without any
prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shah be given by delivering it or by mailing
it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address
or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to
Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this
Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law.and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note
conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared
to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it
is sold or traa-~ferr~d (or if a beneficial interest in Borrower is sold or tnmsfemgl and Borrower is not a natural person) without
Lender's prior written consent, Lender may, at its option: require imm .adi.'ate p~.y .n~t i?.,¥1.o.f ~l.su ,n~. ~cured..by .this
Security instalment. However, this option shall not be exercised by Lender if exercise Is prommma ny ~eaer~ taw as or me
of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleratiun. The notice shall provide a period of not
less than 30 days from the dam the notice is delivered or mailed within which Borrower must pay all sums secured by this
Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, Lender may invoke any remedies
permitted by this Security Instrument without further notice or denumd on Borrower.
18. Borrower's Right to lt~imtate. If Borrower meets ceflain conditions, Borrower ghAII have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as
applicable law may specify for reinsmtomen0 before sale of the Propen'y pursuant to any power of sale contained in this
Security Instrument; or (b) entry of a judgmant enforcing this Security Instrument. Those conditions m'e that Borrower: (a) pays
Leader all sums which then would be due under this Security Instrument ~ the Note as if no accelnrafion had occurred; (b)
cures any defanlt of any other covenants or agreements; (c) pays all expeo~s incurred in enforcing this Security in~t. rument,
including, but not limited to, reasonable attorneys' f~s; and (d) takes such action as Lender may reasonably require to assure
that thc lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by
this Security Instrument shall continue unchanged. Upon reiastatsmant by Borrower, ~his Security Instrument and thc
obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall
not apply in the case of acceleration under pmagraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in thc Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity 0mown
as thc "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. Them also may be one
or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be
given written notice of the change in acenrdance with paragraph 14 above and applicable law. The notice will state the ~*me and
address of the now Lean Servicer and the address to which payments should be made. The notice will also contain any other
information required by applicable law.
20. H~nloas Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone elsa to do, anything affecting the
Property that is in violation of any Environmental Law. The preccding two sentences shall not apply to the presence, uso, or
storage on the Property of small quantities of Hazardous Substances that are generally recognized to ~ appropriat~ to normal
residential uses and to maint~mmce of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
govenunental or regulatory agency or private party involving the P. rcpea._y and any Hazardous Su .bstence or, Environ.men. tsl L~.w
of which Borrower has actual knowledge. If Borrower learns, or ~s noUfied by any goveramentsl or regulatory anmonty, mat
any removal or other remediafion of any H~-~rdous Substance affecting the Property is necessary, Borrower shall promptly take
all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, "Hazardous Substances" am those substances defined as toxic or hazardous substances b.y
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asl~stos or formaldehyde, and radioactive materials. As used in
this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. A~_,~a'afiou; R~nedies. Lender shall give notice to Borrower I~rior to acceleration following Borrower's breach
of any c0veaant or agreement in this Security lmffument (but not prior to accel..e~afian under p_~caph 17 unless
applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action
required to caa'e the d~l'anit; (c) when the d~fault must he cured; and (d) that failure to cure the default as sl~if'md may
r~sult in aecelerafion of the sums secured by this Security Instrument, foreclosure by ju.diciul proc_~,~.'ng and sale .of the
Property. Lender shall further i .nf.orm Borrower of the fight to reinstate after acceleration and ~ right to ~ m the
foreclosure proceeding the non-existence of a d~fault or any other defense of Borrower to accel--atica and forec~osuce, if
the d~'ault is unt cured as specified, Lander, at its option, may require immediate, payment in full of.all.s~aua~ secure.cl, by
this Security Imtrome~t without further d~mand and my foreclose this Security Inslrmnent by judieaa proceeding.
Lender shall be ratified to enlist all expanses incurred in pursuing tlie r~nedies provided in fiji, paragraph 21,
including, but not limited to, attorneys' fe~s and costs of rifle evidence to the ext~mt p~mitted by applicable law.
22. Reicase. Upon payment of all sums secured by this Security lustnum~t, this Security Inst:um~nt and the estate
convoyed shall terminate and become void. After such occurrence, Leader shall discharge and satisfy this Security Instrument
without charge to Borrower. Borrower shall pay any recordation costs.
23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings
to enforce this Security Instrument, and hereby waives the benefit of any present or feture laws providing for stay of execution,
extension of time, exemption from attschment, levy and sale, and hongst_e~d exemption.
24. Rcinstat~nent Period. Borrower's time to reinstate provided in paragraph lg shall extend to one hour prior to thc
commencement of bidding at a sheriff's sale or other sal~ pursuant to this Security Instrument.
2~. Purchase Money Mortgage. If any of the ddat secured by this Security Instrument is lent to Borrower to acquire title
m th~ Property, this Security Instrument shall bo a purchase money mortgage.
26. lnter~st Rate After Ju~qoiient. Borrower agrees that the interest rate payable after a judgment is entered on the Note
or in an action of mortgage foreclosure shall bo the rate payable from titan to tim~ under the Note.
.,0o 1444. ,. 862
27. Riders to this SecuriW Instrument. If one or more riders are executed by Borrower and recorded together with this
Security Instrument, the covensats and agruemonts of each such rider shall be incorporated into and shall amend and supplement
the covenants and agreements of this Security Instrument as if the rider(s) were a part of tkis Secur/ty Instrument.
[Check applicable box(es)]
' ~ Adjustable Rate Rider [~ Condominium Rider ~ !-4- Family Rider
I I Plenued Unit Development Riderc_~ Biweekly Payment Rider
Graduated Payment Rider
Balloon Rider ~ Rate Improvement Rider [~ Second Home Rider
v.^. Rider ~ Other(s) [specify]
BY SIGNING BELOW, Borrower accepts and agrees te the tenm and coveoants contained in this Security Instrument and
in any rider(s) e~cuted~ Borrower sad recorded with it.
(Seal) (Seal)
Certificate[, ~/~°'f Residem~~y_~c~. , do hereby certify that the correct address of
the within-named Mortgag~ is
Witness my hand this 30th day of March 1998 ..
/ Agem of Mo~gagee
COMMONWEALTH OF PENNSYLVANIA, ~ County ss:
O~ this, the 30th day of March , 1998 , before me, the undersigned officer,
personally appeared ARCHIE nee SPACE and T.~SLEY A. SPACE
person, who .'m to w,t n m ment 'bd _ow zed
executed the same for the purposes hereto conU~ined. .
My Conmuss~on Expires. .
NOTARIAL SEAL /.,
ANTHONY J. FO,~It, Notary Public .."
Camp Hill 8em., Cuml~laml Ceu~y ' . :"
MI/C~mml~l~t F,.~!8~ August ! 1, 2001 Tiff, ot'
~-6'V(PA) la41o) p~. a of a
eooi 1444 , , 863
Form 3039 9~90
ALL THAT CERTAIN Et' or piece of ground with the improvements
thereon erected ~_ate in the Township of E~ Pennsboro,
. dumberland County, Penns'ylvania, described a~rding to a survey
made by Michael L. D'Angelo, R.S., dated March 9, 1974 as
follows to wit:
BEGINNING at a point on the east side of Erford Road said point
being 348.02 feet north of Glenwood Drive; thence extending
along the east side of Erford North 26 degrees 30 minutes 40
feet East to a point; thence extending along Lot No. 21X South
63 degrees 30 minutes East 115 feet to a point; thence extending
partly along Lot No. 5X and partly along L?t No. 5 South 26
degrees 30 minutes West 40 feet to a point, thence extending
along Lot No. 22X and passing through the center of a partition
wall North 63 degrees 30 minutes West 115 feet to the first
mentioned point and place of BEGINNING.
BEING Lot No. 22, Block H on Plan No. 10 Ridley Park as recorded
in Cumberland County Plan Book 18, page 47.
864
EXHIBIT A
VA GUARANTEED LOAN AND ASSUMFFION POLICY I~mF_R
Case ID: IRR 0521401 Loan ~: 3170503
NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT
THE APPROVAL OF THE DEPARTMENT OF VETERANS
AFFAIRS OR ITS AUTHORIZED AGENT.
THIS VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER is made this 30t:h day of
March 1998 , and is incorporated into and shall be deemed to amend and supplement the
Mortgage, Deed of Trust or Deed to Secure Debt (herein "Security Instrument") d-_ted of even date herewith,
given by the uudarsigued (herein "Borrower") to secure Borrower's Note to
AccuBanc Mortgage Corporation
(herein "Lender')
and covering the proper~y described in the Security Ins~ument and located at
614 lgRFOI~D ROAD CAMP HILL, PA 17011
VA GUARANTEED LOAN COVENANT: In addition to the covenants and agreements made in the Security
Instrument, Borrower and Lender further covenant and agree as follows:
ff the indebtedness secured hereby be guaranteed or insured under Title 38, United States Code, such Title and
Regulations is~ued thereunder and in effect on the date hereof shall govern the rights, duties and liabilities of
Bm'rower and Lender...Any proyisio~ ?f ~e ...S~ I~.n~'u~ men
said indeb~iness which are mconsl~,'mnt w~th ~ata /me or w~i ...... , ..... ~, ~- ,
provision for payment of any sum in coun~ti, on w:th p~.pa~y. ~m~n! of the secu ~r~d~
that the Lender may accelerate payment o~' the securen muebtedn~ pursmm:
Inetrament, ere hereby amended or negated to the extent necessary to conform such instruments to said Title
Regulations.
LATE CHARGE: At Lender's option, Borrower will pay a 'late cberge* not exceeding four per centum (4%) of
the overdue payment when paid more than fifteen (1~) day.~ after the due date thereof to cover the extra expense
involved in handling delinquent payments, but such 'late cbargs* shall not be payable out of the proc~ of any
sale made to satisfy the indebtedness ~ecured hereby, unless such proceeds are sufficient to discharge the enti~
inda~ess and all proper cos~ and expan~e~ ~cured hereby.
60 days from the date that this loan would normally become engram mr such gueren~] comun ~,u by the
Department of Veteran~ Affairs under the provisions of Title 35 of the U.S. Code 'Veterans Benefits,~ the
Mortgagee may declare tbe indebtedness hereby ~ecured at once due and payable and may foreclose immediately
or may exereise any other ~ights hereunder or ~ke any other proper action as by law provided.
property securing such loan to any transferse, unle.~ the accepta~mty o~ me aesumpuon o:
pursuant to Section 3714 of Chapter 37, Title 38, United States Code.
An authorized transfer ~*assumption#) of the property shall also bo subject to additional covenan~ and agreements
as set forth below:
(a) ASSUMPTION FUNDINg3 FEE: A fee equal to one-half of 1 percent (.~0%) of the balance of this loan
agent, as tro~tee for ~ Depam~e. nt of Veterans Affa~re. If the assumer :m~s to pay tm~: lee a~ me nme or ,
the fee shall constitote an additional debt to that alresdy ~ecured by this instrument, shall b~x int~est et the r~t~
herein provided, and, at the option of the payee of the indebtedn~s hereby ~ecured or any t~*~em~ thereof, shall
VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER
(~538B I~EOd).01 1
18001521-729
. 00d444 ra m..,865
be immediately due and payable. This fee is automatically waived if the assun~r is exempt under the provisions of
38 U.S.C. 3729 (c).
(b) ASSUMPTION PROCESSING cHARGE: Upon. np,plic~tion., for ?pr?v~ to ~llow assumption of this
loan, a processin~ fee nmy be cl~rged by the Io~n holuer or ~ts mtmonzen agent for determining the
ereditwo ine~s of the assumer nnd subsequently revising the holder's .ownershi.'p, ,.?or.~, w.,hen~an ~p_pr_o,v_ed~
~'t~&l~ffai~ fora loan to which Section ~714 of Chapter 37, Tltte Jl~, united ~tar. es ~.oo~ -re ....
(c) ,6,$$UMPTION INDEMNITY LIABILITY: If this obligation is assumed, then the assumer hereby agrees
m assume all of the obligations of the veteran uader the terms of the instrumenCs creating and securing the loan.
The assumer further agrees to indemnify the Department of Veterans Affairs to the exteat of any claim paymeat
.arising from the guanmty or insurance of the indebtedness created by this instrument.
IN WITNESS WHEREOF, Borrower(s) has executed this VA Guaranteed Loan and Assumption policy Rider.
~RC~Z1~ ~]~: SPACE
ff. si;Acs/
-Borrower
-Bon~wer
State of Pennsylvania !
Count/of Cumberlandjr 86
Recorded igthe office for the recording of Deade
ect..~l~nd I~]~l~berland CountyL-ff~
in ~ Bo~_ ~ Pag_e~g~,~2,'~,/.~ -
witn~s~ply handel cf offkL~ I ~
Carling, PA th~day 0}~r 1~ V~>
· First Mortgage Loan Servicing
3~451 Hammond Ave
1%O. Box 780
Waterloo, IA 50704-0780
GMAt: Mortgage
Date: January 24, 2002
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 MEET WITH A CONSUblER CREDIT COUNSELING AGENCY
WITIIIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the
Counseling ARenc¥.
The name, address and phone number of Consumer Credit Counseling Agencies serving your Coun .fy 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 heating can call (717) 780-1869).
This Notice contains important legal information. If yon have any- questions, representatives at the Consumer
Credit Counseling Agency tony 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 i'md a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO
ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEO'~ER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE
SALVAR SU CASA DE LA PERI)IDA DEL DERECHO A REDIMIR SU HIPOTECA
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
LESLEY A. SPACE
614 ERFORD ROAD
CAMP HILL, PA 17011
306037490
N/A
GMAC Mortgage Corporation
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 HOblEO~ER'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
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 tbe Act, you are entitled to a temporary stay of foreclosure
on your mortgage for thirty (30) days from the date of this Notice. During that time you n'mst arrange and attend a
"face-to-face" meeting with one oftbe consumer credit cozmseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE~ YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS
NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consmner credit co~mseling
agencies listed at the end of this notice, the lender may NOT take action against you for ~ (30) days after the date
of this meeting. The names~ addresses and telephone munbers of designated conszaner credit cmmselmg agencies for
the coxmty in which the property is located are set forth at the end of this Notice. It is only necessary to scbed~de one
face-to-face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in defaxdt for the masons set forth later
in this Notice (see following pages for specific information about the nature ofymtr defaxdt.) If you have tried and
are unable to resolve this problem xvith the lender, you have the right to apply for financial assistance from the
Homeowners Emergency Mortgage Assistance Program. To do so, you must fill out, sign and fde a completed
Homeowners Emergency Assistance Program Application with one of the designated consmner credit cozmseling
agencies listed at the end of this Notice. Only consumer credit cozmseling 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 fded or postmarked within thirty (30) days of you face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAH~ TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PER/ODS SET FORTH IN THIS LETTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION -- Available fimds for emergency mortgage assistance are very limited. They will be disb~med
by the Agency xmder 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. Duting that time, no foreclosure proceedings
will be inu~ued against you if you have met the time requirements set forth above. You xvill 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 ~ed 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 yo~rr prope~ located at:
614 ERFORD ROAD CAMP HILL, PA 17011 IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the folloxving months and the
following amounts are now past due: November 1, 2001 throug~ January 1,
2002. See attached Exhibit for payment b. reakdown.
Mont~y Payments 1,991.45
Late Changes 132.30
NSF 0.00
Inspections 6.95
Other
Suspense 0.00
TOTAL AMOUNT PAST DUE:
2,130.70
B. YOU HAVE FAILED TO TAKE THE FOLLOV~qNG ACTION (Do not use if not applicable):
HOW TO CURE THE DEFAULT -- You may cure the defmdt within THIRTY (30) DAYS of the date of this
notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, 'AqtlCH IS
$ 2,130.70 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES V, nrlICH BECOME
DUE DURING THE THIRTY (30) DAY PERIOD. Payments nmst be made either by cash, cashiers check~
certified check or money order made payable and sent to:
Payment Processinq
GMAC Mortgaqe Corporation
PO Box 780
Waterloo, IA 50704-0780
You can cure any other dafault by taking the folloxving action within THIRTY (30) DAYS of the date of this letter.
(Do not use if not applicable.) Not Applicable
IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the defanlt within THIRTY (30) DAYS of the date
oft]tis Notice, the lender intends to exercise its rights to accelerate the mortaa~e debt, This means that the ent~
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 amo~mt past due is not made within THIRTY (30)
DAYS, the lender also intends to instn~ct its attorneys to start legal action to foreclose upon your mo,tea~ed
properS.
IF TUE 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, trot you cm'e the delinquency before the lender
begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were
acttmlly incurred, up to $$0.00. However, if legal proceedings are started against against you, you will have to pay all
reasonable attorney's fees achmlly incm'red by the lender even if they exceed $50.00. Any attomey's fees xvill be
added to the amo~mt you owe the lender, xvhich may also inchute other reasonable costs.
If you cure the default within the THIRT~ (30) DAYS period, you w~! not be required to pay attorney's fees_
OTHER LENDER REMEDIES -- The lender may also sue you personally for the xmpaid principal balance and all
other stuns due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within
the THIRTY (30) DAY period and foreclosure proceedings have begtm, you still have the right to cure the default
and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amoxmt
then past due, plus any late or other char~es then due, ~easonable attorney's fees and costs connected with the
foreclos~u'e sale and any other costs.connected with the Sheriffs Sale as specified in writing by the lender and by
performing any other reqtfirements 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 soch a Sheriffs Sale
oftbe mortgaged property could be held would be approximately six (6) months from thc date of this Notice. A
notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to
cure the default will increase the longer you wait. You may fred out at any time exactly what the reqnimd payment
or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender:
Address:
Phone Number:
Fax Number:
Contact Person:
GMAC Mortqage Corporation
3451 Hammond Avenue
Waterloo IA 50702
(800) 850-4622
(319) 236-7437
Collection Department
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the
mortgaged pmpe~'y and your right to oc~tpy it. If you continue to live in the property after the Sheriffs Sale, a
laxvsuit to remove you and your fitmishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You may or may not sell or transfer your home to a hi~yer or transferee who
xvill assume the mortgage debt, provided that all the outstanding payments, cha~ges and attorney's fees and costs are
paid prior to or at the sale and that the other req~drements of the mortgage axe satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED
SHERIFF'S RETURN -
CASE NO: 2002-01770 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC MORTGAGE CORP
VS
SPACE ARCHIE LEE ET AL
OUT OF COUNTY
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT , to wit:
SPACE ARCHIE LEE
but was unable to locate Him in his bailiwick.
deputized the sheriff of NORTHUMBERLAND County,
serve the within COMPLAINT - MORT FORE
, Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
He therefore
Pennsylvania,
to
On May 3rd , 2002 , this office was in receipt of the
attached return from NORTHUMBERLAND
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Surcharge 10.00
Dep Northumberland 39.07
.00
64.07
05/03/2002
KATZ ETTIN LEVINE
So answers~~); ~/. ·
R. ~homas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this /7~ day of '~
~2~ A.D.
SHERIFF'S
CASE NO: 2002-01770 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
RETURN - NOT FOUND
GMAC MORTGAGE CORP
VS
SPACE ARCHIE LEE ET AL
R. Thomas Kline
duly sworn according to law, says, that he made a diligent
inquiry for the within named defendant, DEFENDANT
SPACE LESLEY A
,Sheriff or Deputy Sheriff, who being
search and
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE ,
the within named DEFENDANT
SPACE LESLEY A
NOT FOUND , as to
614 ERFORD ROAD CAMP HILL IS VACANT.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
So answe~: :
Ri Thomas Kline
Sheriff of Cumberland County
KATZ ETTIN LEVINE
05/03/2002
Sworn and subscribed to before me
this i'"/ ~ day of
~7~ A.D.
Proffh6notary
SHERIFF'S RETURN -
CASE NO: 2002-01770 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
NOT FOUND
GMAC MORTGAGE CORP
VS
SPACE ARCHIE LEE ET AL
Thomas Kline
duly sworn according to law, says, that he made a diligent
inquiry for the within named defendant, DEFENDANT
SPACE ARCHIE LEE
,Sheriff or Deputy Sheriff, who being
search and
but was
unable to locate Him in his bailiwick.
COMPLAINT - MORT FORE ,
He therefore returns the
the within named DEFENDANT
, NOT FOUND , as to
SPACE ARCHIE LEE
614 ERFORD ROAD CA~4P HILL IS VACANT.
Sheriff's Costs:
Docketing 18.00
Service 10.00
Not Found 5.00
Surcharge 10.00
.00
43.00
So answe?~ j-'L ~,~ ~
R. Thomas Klzne
Sheriff of Cumberland County
KATZ ETTIN LEVINE
05/03/2002
Sworn and subscribed to before me
this /~ ~ day of ~
~ 2 A.D.
PrOthonotary , a ~
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-01770 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC MORTGAGE CORP
VS
SPACE ARCHIE LEE ET AL
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT
SPACE LESLEY A
but was unable to locate Her in his bailiwick.
deputized the sheriff of NORTHUMBERLAND County,
serve the within COMPLAINT - MORT FORE
, Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
, to wit:
He therefore
Pennsylvania,
to
On May 3rd 2002 , this office was in receipt of the
attached return from NORTHUMBERLAND
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
05/03/2002
KATZ ETTIN LEVINE
R. ~homas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this /~ day of ~
~2~ A.D.
! ' Prothonotar~
pLAINTIFF: GMAC MORTGAGE CORPORATION
P:
VS:
DEFENDAI~T: SPACE, ARCHIE LEE &
D: SPACE, LESLEY A.
D: RR2 BOX 33
D: SUNBURY, PA 17801
D:
SHERIFF'S RETURN
I HEREBY CERTIFY AND RETURN I SERVED:
CASE #: 02 CV 1770
CTY FILED: CUMBERLAND
FILE DATE: 02/04/10
DATE RECEIVED: 02/04/12
ASSIGNED TO: 2 DEF.
LAW FIRM: PLUESE
EXPIRES: 2002/05/10
BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: NOTICE & COMPLAINT IN
4~ ~- MORTGAGE FORECLOSURE
PERSON SERVED: ARCHIE LEE SPACE/DECEASED
DATE SERVED:
TIME: :
:
PLACE SERVED:
CAPACITY:
COUNTY OF NORTHUMBERLAND AND STATE OF PENNA,, MAKING KNOWN UNTO : THE
CONTENTS THEREOF. SO ANSWERS: CHARLES S. BERKOSKI, SHERIFF
BY:
I HEREBY CERTIFY AND RETURN THAT I SERVED: LESLEY A. SPACE
BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: NOTICE & COMPLAINT IN
MORTGAGE FORECLOSURE
PERSON SERVED: LESLEY A. SPACE
DATE SERVED: 2002/04/18
CAPACITY : PERSONALLY
TIME: 3:00 PM :
:
PLACE SERVED: RR2 BOX 33 SUNBURY PA
COUNTY OF NORTHUMBERLAND AiTD STATE OF PENNA., MAKING KNOWN UNTO : HER
CONTENTS THEREOF.
SO ANSWERS: CHARLES S. BERKOSKI, SHERIFF
THE
BY DEPUTY: PIDCOE, DWAYNE
BY:
DOCKET PAGE #: 02 CV 0227
SHERIFF'S COSTS:
REC #: 19886
NO. OF ATTEMPTS:
39.07
Sworn to an~ subsc¢~d before
met? [~dayof~ ~
My ~mm. Exp. 1st lC, of]. Jan. 2006
Return this form to C~nberland County Sheriff's office.
In The Court of Common Pleas of Cumberland County, Pennsylvania
6tqAC Mortgage Corporation
VS.
Archie Lee Space et al
SERVE: Archie Lee Space No. 02 1770 civil
Now, April 11, 2002
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of North~nberland
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,. ., 20 , at o'clock __
within
M. served the
upon
by handing to
a
and made known to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this __ day of
., 20
Sheriff of
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
Return this form to C~nberland County Sheriff's office.
In The CoUrt of Common Pleas of'Cumberland County, Pennsylvania
GMAC Mortgage Corporation
VS.
Archie Lee Space et al
SERVE: Lesley A. Space No. 02 1770 civil
]qow, April 11, 2002
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriffof Northumberland
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
NOW,
within
Affidavit of Service
,,20 ,at,
o'clock
M. served the
upon
by handing to.
a
and made known to
copy of the original
So answers,
the contents thereof.
Sheriff of
County, PA
Sworn and subscribed before
me this __ day of ,20
COSTS
SERVICE
M1LEAGE
AFFIDAVIT
PLUESE, ETTIN, BECKER & SALTZMAN
A Division of
KATZ, ETTIN & LEVINE, P.C.
Attorneys At Law
Rob Saltzman, Esquire / I.D. No. 53957
905 North Kings Highway
Cherry Hill, NJ 08034
(856) 667-6440
Attorney for Plaintiff
77026
GMAC MORTGAGE CORPORATION
500 Enterprise Road, Suite 150
Horsham, PA 19044
Plaintiff,
v.
ARCHIE LEE SPACE
LESLEY A. SPACE
Defendant(s).
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1770 Civil
PLAINTIFF'S MOTION TO AMEND
MORTGAGE FORECLOSURE COMPLAINT AND
CONFORM ALL SUBSEQUENT PLEADINGS
Plaintiff, GMAC Mortgage Corporation, by and through counsel,
Pluese, Ettin, Becker & Saltzman, Rob Saltzman, Esquire appearing,
pursuant to Pa R.C.P. Rule 1033, hereby moves this Honorable Court
for an Order to amend its Civil Action Complaint in Mortgage
Foreclosure as follows:
1. On or about April 10, 2002, Plaintiff, GMAC Mortgage
Corporation, filed a Mortgage Foreclosure Complaint in the above
captioned action.
2. The Complaint identifies the Defendants/Owners as Archie
Lee Space and Lesley A. Space.
3. Subsequent information has revealed that Archie Lee Space
has died and title to the mortgaged property passed to his wife,
Lesley A. Space, by operation of law.
4. The Plaintiff believes and therefore avers that no party
will be prejudiced by the amendment sought hereby to correctly
identify the present owners of the subject property.
WHEREFORE, the Plaintiff respectfully requests that this
Motion to Amend its Mortgage Foreclosure Complaint and Conform all
Subsequent Pleadings be granted and all pleadings in this case be
amended to reflect the corrections noted, as set forth in this
Motion, thereby correcting the pleading and proceedings from this
date forward.
Respectfully sub~itted,
PLU~~R & S.~LTZMg_N
Att~ For Plaintiff
VERIFICATION
The undersigned, Attorney for GMAC Mortgage Corporation, being
authorized to make this Verification on behalf of said Plaintiff,
hereby verifies that the facts set forth in the foregoing Motion to
Amend Mortgage Foreclosure Complaint and Conform Ail Subsequent
Pleadings, to the best of the undersigned's knowledge, information
and belief are true, correct and accurate.
I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO
THE PENALTIES OF 18 Pa.C.S.A.4904 RELATING TO UNSWORN FALSIFICATION
TO AUTHORITIES.
PLUESE, ETTIN, BECKER & SALTZMAN
By: ~uire
/A~or Plaintiff
PLUESE, ETTIN, BECKER & SALTZMAN
A Division of
KATZ, ETTIN & LEVINE, P.C.
Attorneys At Law
Rob Saltzman, Esquire / I.D. No. 53957
905 North Kings Highway
Cherry Hill, NJ 08034
(856) 667-6440
Attorney for Plaintiff
77026
GMAC MORTGAGE CORPORATION
500 Enterprise Road, Suite 150
Horsham, PA 19044
Plaintiff,
v.
ARCHIE LEE SPACE
LESLEY A. SPACE
Defendant(s).
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
02-1770 Civil
PLAINTIFF'S MEMORANDUM OF LAW
IN SUPPORT OF
MOTION TO AMEND MORTGAGE FORECLOSURE COMPLAINT ANn
CONFORM ALL SUBSEQUENT PLEADINGS
The Plaintiff, GMAC Mortgage Corporation, having filed its
Motion to Amend its Foreclosure Complaint and Conform Ail
Subsequent Pleadings, respectfully submits this Memorandum of Law
in support thereof.
PaR.C.P.1033 provides, in relevant part, that ~[a] party .... by
leave of court may at any time change the form of action, correct
the name of a party or amend his pleading."
In the instant Motion to Amend, the Plaintiff requests leave
of Court to amend its Complaint to conform to the new information
described in Plaintiff's Motion to Amend.
This Motion, therefore, is within the class of circumstances
provided for by Rule 1033. The Plaintiff is not requesting leave
of Court to amend any other substantive allegation or facts
initially pled.
The Plaintiff respectfully requests leave of Court to so amend
its pleadings.
Respectfully submitted,
PLUESE, ETTIN, BECKER & SALTZMAN
ire
~9~~ for Plaintiff
PLUESE, ETTIN, BECKER & SALTZMAN
A Division of
KATZ, ETTIN & LEVINE, P.C.
Attorneys At Law
Rob Saltzman, Esquire / I.D. No. 53957
905 North Kings Highway
Cherry Hill, NJ 08034
(856) 667-6440
Attorney for Plaintiff
77026
GMAC MORTGAGE CORPORATION
500 Enterprise Road, Suite 150
Horsham, PA 19044
Plaintiff,
Vo
ARCHIE LEE SPACE
LESLEY A. SPACE
Defendant (s) .
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1770 Civil
CERTIFICATION OF SERVICE
Rob Saltzman, Esquire, hereby certifies that he is attorney
for the Plaintiff herein and that he caused a true and correct copy
of the annexed Motion for Leave to Amend the Mortgage Foreclosure
Complaint and Conform All Subsequent Pleadings together with the
supporting Memorandum of Law and proposed form of Order to be
served by regular mail, postage pre-paid, having mailed same on
May 31, 2002, to:
Lesley A. Space
RR 2, Box 33
Sunbury, PA 17801
PLUESE, ETTIN, BECKER & SALTZMAN
Confidential
Investigative
Services, Inc.
ATTENTION: Peter Bodine
Plaintiff: GMAC Mortgage Corp.
Connty: Cumberland
VS.
Term #: 02-1770
Defendant: Archie Lee & Lesley A. Space
Search: Archie Lee Space
Address Given: 614 Erford Road, Camp Hill, PA
Pluese, Ettin, Becker& Saltzman
905 North Kings Highway
Cherry Hill, NJ 08034
File #:77026
AFFIDAVIT OF GOOD FAITH INVESTIGATION
LAST KNOWN ADDRESS
614 Erford Road, Camp Hill, PA
INQUIRY OF SOCIAL SECURITY DEATH ADMINISTRATION FILES
A search of Social Security Death Adnfinistration records indicates that Archie L. Space who was issue
social security number 179-26-8835 passed away on November 8, 2000.
[ CERTIFY UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT, TO THE BEST OF MY
KNOWLEDGE. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MAI~E StmmCT TO THE PENALTIES 1LELATI
TO UNSWORN FALSIFICATION TO AUTHORITIES. ./~
AFFIANT: .,,C.r~. r-,~,' ~
DIANE C6WA~, Cd
SW~t,aAppSC~BED gEFO~ ME TInS
235 South 13th Street St..!S~N L ~~kd~, p,~c
Philadelphia, PA 19107 GiW at ~'~' ri, ad~c~*,~,::
(215) 546-7400 I .My c°mm~s~ Ex.g~res r
(800) 503-7400 ,~OIAEIIAL SEAL
Fax: (215) 985-0169 EUS^I'I L. FIOSENFELD, Not~ry Pu~!ic
/
City o[ Philadelphia, Phila. COunty
My Commission Expires March 8, 2004
Database: Social Security Death Index
I~ay 16, 2002
Vle~in~J records 1-1 of 1 ,12:57 AM
ARCHIE L SPACE ~
SSN 179-26-8835 Residence:
Bom 20 Oct 1935 Last Benefit:
Died 8 Nov 2000
Request I_n_f.0r__m_a_tLq n
17011 Camp Hill, Cumberland, PA
PA (1951)
<< Return to Results Screen
http://search.ance~y.condcgi.bin/sse.dll?&f3=space&f4---m~hie&f23=&fO=179&fl=26&f2= 5116/2002
[User ID : COW~=N
Report Name : Bureau Data (Record ID ~ 2796)
Date : 05/14/2002
Page : 0001
Equifax Department : CREDIT
Record Number : 2796
Report Type : ID Report - SPACE,ARCHIE -
Tracking:
....... -..DC, I.
NM-SPACE,ARCHIE,L,,.
CA-614,ERFORD, RD, CAMP HILL, PA,.
* 199 EQUIFAX INFORMATION SERVICES LLC,
,ATLANTA, GA, 30374-0241,800/685-1111
P O BOX 740241,
*SPACE,ARCHIE,L SINCE 08/10/91 FAD 01/15/01 FN-318
614,ERFORD, RD, CAMP HILL, PA, 1701t,TAPE RPTD 12/96
TELEPHONE NUMBER (717) 732-0779 SPEC 05/02
40,ROBIN, CT,MECHANICSBURG, PA, 17055,TAl)E RPTD 03/96
2101,CEDAR RUN, DR APT 202,CAMP HILL, PA, 17011,TAPE RPTD 07/91
BDS-10/20/1935
01 ES-CUSTOMER SERVICE,WILLIAM SONGMA ~A3~ ~eC0~-~
02 EF-CUST SERV,ELECTRONIC DATA SYSTEMS&
END OF EQUIFAX IDENTIFICATION INFORMATION REPORT - 05/14/02 SA~vESCANNED
· pENNSYLVA~NIA DEpARTME~T OF TRANSPORTATION
BU',R~-'AU OF DRIVER LICENSING
BASIC DRIVER iNFORMATION
MAY I5 2~02
· ..,~. ARCHIE L SPACE
OR%~Em. 6%4 ERFORD ROAD
~ p HiLL PA 17011
CAM '
. ~ CLASS · C
LICENSE ISSUE DATE: SEP 24 '1997
LICENSE ~XP!RES · OCT 31
~ED R~STRICTIONS :
LEARNER PER'ITS :
LICENSE STATUS
*~ END OF RECORD
. OCT 20 i935
: MALE
· REG LICENSE
DRIVER LICENSE NO
DATE DP BIRTH
SEX
RECORD TYPE
~__ DRrVER LICE:NSF
.............. .......
CDL L:CENSE CT '
CDL LICENSE ISSUEQ :
CDL LICENSE EXPIRSS:
CDL ENDORSEMENTS : NONE
CDL ~ESTRICTIONS : NONE
CDL LEARNER pERMITS:
CDL L~CENSE STATUS :
SB ENDORSZMENT
PROBATIONARY
......... ......
PL LICENS~ ~ .... '
?L L~CE~SE ORIG
PL L~CE~SE ISSUED
PL L~CE~S~ ~X?IRES
~LL LICENSE CLASS
OLL LICENSE ISSUED :
OLL LICENSE EXPIRES:
OLL LICENSE STATUS
J 2002
PLUESE, ETTIN, BECKER & SALTZMAN
A Division of
KATZ, ETTIN & LEVINE, P.C.
Attorneys At Law
Rob Saltzman, Esquire / I.D. No. 53957
905 North Kings Highway
Cherry Hill, NJ 08034
(856} 667-6440
Attorney for Plaintiff
77026
GMAC MORTGAGE CORPORATION
500 Enterprise Road, Suite 150
Horsham, PA 19044
Plaintiff,
Vo
ARCHIE LEE SPACE
LESLEY A. SPACE
Defendant(s).
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1770 Civil
ORDER
AND NOW, this day of 2002, upon consideration of the
Plaintiff's Motion to Amend the Mortgage Foreclosure Complaint and
Conform All Subsequent Pleadings and its Memorandum of Law
submitted in support thereof, and any opposition which may have
been filed, it is hereby ORDERED that Plaintiff's Motion to Amend
its Mortgage Foreclosure Complaint and Conform All Subsequent
Pleadings shall be and the same hereby is GRANTED; and the Caption
hereof shall be and the same hereby is amended to
substitute/indentify the Defendant(s) as follows:
Lesley A. Space
That the pleadings, except as so corrected, shall in all other
respects remain unchanged as filed.
BY TH
PLUESE, ETTIN, BECKER & SALTZMAN
A Division of
KATZ, ETTIN & LEVINE, P.C.
Attorneys At Law
Rob Saltzman, Esquire / I.D. No. 53957
905 North Kings Highway
Cherry Hill, NJ 08034
(856) 667-6440
Attorney for. Plaintiff
77026
GMAC MORTGAGE CORPORATION
500 Enterprise Road, Suite 150
Horsham, PA 19044
Plaintiff,
ARCHIE LEE SPACE
LESLEY A. SPACE
Defendant (s) .
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1770 Civil
PLAINTIFF'S MOTION TO AMEND
MORTGAGE FORECLOSURE COMPLAINT AND
CONFORM ALL SUBSEQUENT PLEADINGS
Plaintiff, GMAC Mortgage Corporation, by and through counsel,
Pluese, Ettin, Becker & Saltzman, Rob Saltzman, Esquire appearing,
pursuant to Pa R.C.P. Rule 1033, hereby moves this Honorable Court
for an Order to amend its Civil Action Complaint in Mortgage
Foreclosure as follows:
1. On or about April 10, 2002, Plaintiff, GMAC Mortgage
Corporation, filed a Mortgage Foreclosure Complaint in the above
captioned action.
2. The Complaint identifies the Defendants/Owners as Archie
Lee Space and Lesley A. Space.
3. Subsequent information has revealed that Archie Lee Space
has died and title to the mortgaged property passed to his wife,
Lesley A. Space, by operation of law.
4. The Plaintiff believes and therefore avers that no party
will be prejudiced by the amendment sought hereby to correctly
identify the present owners of the subject property.
WHEREFORE, the Plaintiff respectfully requests that this
Motion to Amend its Mortgage Foreclosure Complaint and Conform all
Subsequent Pleadings be granted and all pleadings in this case be
amended to reflect the corrections noted, as set forth in this
Motion, thereby correcting the pleading and proceedings from this
date forward.
Respectfully submitted,
/~pA ~re~~
Atto~e~ For Plaintiff
VERIFICATION
The undersigned, Attorney for GMAC Mortgage Corporation, being
authorized to make this Verification on behalf of said Plaintiff,
hereby verifies that the facts set forth in the foregoing Motion to
Amend Mortgage Foreclosure Complaint and Conform Ail Subsequent
Pleadings, to the best of the undersigned's knowledge, information
and belief are true, correct and accurate.
I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO
THE PENALTIES OF 18 Pa.C.S.A.4904 RELATING TO UNSWORN FALSIFICATION
TO AUTHORITIES.
PLUESE, ETTIN, BECKER & SALTZMAN
By: ~qui~e
/A~/or Plaintiff
PLUESE, ETTIN, BECKER & SALTZMAN
A Division of
KATZ, ETTIN & LEViNE, P.C.
Attorneys At Law
Rob Saltzman, Esquire / I.D. No. 53957
905 North Kings Highway
Cherry Hill, NJ 08034
(856) 667-6440
Attorney for Plaintiff
77026
GMAC MORTGAGE CORPORATION
500 Enterprise Road, Suite 150
Horsham, PA 19044
Plaintiff,
V.
ARCHIE LEE SPACE
LESLEY A. SPACE
Defendant(s).
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
02-1770 Civil
PLAINTIFF'S MEMORANDUM OF LAW
IN SUPPORT OF
MOTION TO AMEND MORTGAGE FORECLOSURE COMPLAINT AND
CONFORM ALL SUBSEQUENT PLEADINGS
The Plaintiff, GMAC Mortgage Corporation, having filed its
Motion to Amend its Foreclosure Complaint and Conform Ail
Subsequent Pleadings, respectfully submits this Memorandum of Law
in support thereof.
PaR.C.P.1033 provides, in relevant part, that "[a] party .... by
leave of court may at any time change the form of action, correct
the name of a party or amend his pleading."
In the instant Motion to Amend, the Plaintiff requests leave
of Court to amend its Complaint to conform to the new information
described in Plaintiff's Motion to Amend.
This Motion, therefore, is within the class of circumstances
provided for by Rule 1033. The Plaintiff is not requesting leave
of Court to amend any other substantive allegation or facts
initially pled.
The Plaintiff respectfully requests leave of Court to so amend
its pleadings.
Respectfully submitted,
PLUESE, ETTIN, BECKER & SALTZMAN
ire/ ~9~~ for Plaintiff
PLUESE, ETTIN, BECKER & SALTZMAN
A Division of
KATZ, ETTIN & LEVINE, P.C.
Attorneys At Law
Rob Saltzman, Esquire / I.D. No. 53957
905 North Kings Highway
Cherry Hill, NJ 08034
(856) 667-6440
Attorney for Plaintiff
77026
GMAC MORTGAGE CORPORATION
500 Enterprise Road, Suite 150
Horsham, PA 19044
Plaintiff,
Vo
ARCHIE LEE SPACE
LESLEY A. SPACE
Defendant (s) .
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1770 Civil
CERTIFICATION OF SERVICE
Rob Saltzman, Esquire, hereby certifies that he is attorney
for the Plaintiff herein and that he caused a true and correct copy
of the annexed Motion for Leave to Amend the Mortgage Foreclosure
Complaint and Conform All Subsequent Pleadings together with the
supporting Memorandum of Law and proposed form of Order to be
served by regular mail, postage pre-paid, having mailed same on
May 31, 2002, to:
Lesley A. Space
RR 2, Box 33
Sunbury, PA 17801
PLUESE, ETTIN, BECKER & SALTZMAN
re~ Att~n~r Plaintiff
Confidential
Investigative
Services, Inc.
Plaintiff: GMAC Mortgage Corp.
County: Cumberland
VS.
Term #: 02-1770
Defendant: Archie Lee & Lesley A. Space
Search: Archie Lee Space
Address Given: 614 Erford Road, Camp Hill, PA
ATTENTION: Peter Bodine
Pluese, Ettin, Becker & Saltzman
905 North Kings Highway
Cherry Hill, NJ 08034
File #:77026
AFFIDAVIT OF GOOD FAITH INVESTIGATION
LAST KNOWN ADDRESS
614 Erford Road, Camp Hill, PA
INQUIRY OF SOCIAL SECURITY DEATH ADMINISTRATION FILES
A search of Social Security Death Administration records indicates that Archie L. Space who was issued
social security number 179-26-8835 passed away on November 8, 2000.
£ CERTIFY UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT, TO THE BEST OF MY
KNOWLEDGE. I UNDERSTAND THAT FALSE STATEMENTS HEREIN~ARE MAJ}E SUBJECT TO THE PENALTIES RELATING
TO UNSWORN FALSIFICATION TO AUTHORITIES.
·/,, ?/
AFFIANT:
DIANE COWAN,
SW..O.~,&/~,Up~C~BED ]~EFORE ME THIS IF
100
NO/' PUBLIC /
235 South 13th Street
?hiladelphia, PA 19107
(215) 546-7400
(800) 503-7400
Fax: (215) 985-0169
,~OTARtAL SEAL
SUSAN L. ROSENFELD, Not~ry Public
City of Philadelphia. Phila. County
My Commission Expires March 8. 2004
'Database: Social Security Death Index
Viewing records :[-1 of/.
May 16, 2002
12:57 AM
ARCHIE L SPACE ~
~SN 179-26-8835 Residence:
Born 20 Oct 1935 Last Benefit:
Died 8 Nov 2000 Zs~ued:
Recju~st I _n_fp r m_a_~ i o n~_S~- _5~
17011 Camp Hill, CumbeHand, PA
PA (1951)
<< Return to Results Screen
http://search.ance~i~y.com/cgi.bin/sse.dll?&f3=space&:f~archie&i33-_&ff)= 179& fl =2~= 5/16/2002
~User ID : COWAN
Report Name : Bureau Data
(Record ID # 2796)
Date :
05/14/2002
Page : 0001
Equifax Department : CREDIT
Record Number : 2796
Report Type : ID Report - SPACE,ARCHIE -
Tracking:
....... -..DC, I.
NM-SPACE,Ai{CHIE,L,,-
CA-614,ERFORD,RD, CAMP HILL, PA,.
* 199 EQUIFAX INFORM3kTION SERVICES LLC,
,ATLANTA, GA, 30374-0241,800/685-1111
*SPACE,ARCHIE,L SINCE 08/10/91 FAD 01/15/01
614,ERFORD,RD, CAMP HILL, PA, 17011,TAPE RPTD 12/96
TELEPHONE ~ER (717) 732-0779 SPEC 05/02
40,ROBiN, CT,MECHANICSBURG, PA, 17055,TAPE RPTD 03/96
2101,CEDAR RUN, DR APT 202,CAMP HILL, PA, 17011,TAPE RPTD 07/91
BDS-10/20/1935
01 ES-CUSTOMER SERVICE,WILLIAM SONG~A ~A3~ CeC0~.~.~
02 EF-CUST SERV, ELECTRONIC DATA SYSTEMS&
END OF EQUIFAX IDENTIFICATION INFORMATION ~PORT - 05/14/02
P O BOX 740241,
FN-318
SA~E SCANR-ED
- ' A OEt~ART;ME~IT 'O? TT~ANSPOR?ATION
SYLVAN I
BUR~jAU OF DRIVER LICeNSinG
BASICDRIVER iNFoRMATION
MAY lB 2002
ARCHI~ L SPACE
6%4 ERFORD ROAD
CAMP HILL, PA i~0il
D~iVER LICENSE [O_!~' ..........
L%CENSE CLASS 24 '1997
LzCENSE ISSUE DATE: SIP
· LICENSE EXPIRES ; OCT 31 2001
MID R~!,STKICT ION S
LEARNER pERMITS :
LICENSE STATUS :
DRIVER LICENSE NO : -
DATE OF BIRTH : OCT 20
· MALE
RECORD TYPE
COMMERCIAL DRIVER LICENSE
CDL LICENSE CLASS
iSSUED :
CDL LICENSE EXPIRES:
CDL LICENSE NONE
CDL ENDORSEMENTS :
CDL ~ESTR!CTIONS : NONE
CDL LEARNER PERMIT~:
CDL LiCeNSE STATUS :
SB ENDORSEMENT :
PL LZCENS~ CLASS
pL LICENSE oRIG ISS:
PL LICENSE ISSUED
PL ~iCENS~ EXPIRES :
PL LICENSE STATUS
~LL LIceNSE CLASS :
OLL L%@~NSB iSSUF, D
OLL LICENSE EXPIRES:
OLL LICENSE STATUS
*** ~,ND OF RECORD
Pluese, Ettin, Becker & Saltzman
A Division of
Katz, Ettin & Levine, P.C.
Rob Saltzman, Esquire
Attorney Identification No.: $39~7
905 North Kings Highway
Cherry Hill, NJ 08034
856/667-6440
Attorneys for Plaintiff
77026
GMAC MORTGAGE CORPORATION
Vo
Plaintiff,
LESLEY A. SPACE
Defendants.
COURT O~ COMMON PLEAS
CUMBERLAND COUNTY
02-1770 ~Clvll
PRAECIP~TO REINSTATE
COMPLAINT IN MORTGAGE
FORECLO:URE
TO THE PROTHONOTARY:
Kindly reinstate the
Foreclosure.
77026
above
captioned C~mplaint in Mortgage
PLUESE, ET~IN, BECKER & SALTZMAN
Esquire
SHERIFF'S RETURN -
CASE NO: 2002-01770 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC MORTGAGE CORP
VS
SPACE ARCHIE LEE ET AL
OUT OF COUNTY
R. Thomas Kline , Sheriff
duly sworn according to law,
and inquiry for the within named DEFENDANT
SPACE LESLEY A
but was unable to locate __ in his bailiwick.
deputized the sheriff of NORTHUMBERLAND County,
serve the within COMPLAINT - MORT FORE
or Deputy Sheriff who being
says, that he made a diligent search and
to wit:
He therefore
Pennsylvania, to
On July 19th , 2002 , this office was in receipt of the
attached return from NORTHUMBERLAND
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Northumberland 31.07
.00
68.07
07/19/2002
KATZ ETTIN LEVINE
So answers
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this 3/~ day of ~
'~2~ A.D.
Prothonotary
In The Court of Common Pleas of Cumberland County, Pennsylvania
6~AC Mortgage Corporation
VS.
Archie Lee Space et al
SERVE: Lesley A. Space
No. 02 1770 civil
Now, June 20, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Northumberland County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriffof Cumberland County, PA
Now~
within
Affidavit of Service
,20 ,at
o'clock M. served the
upon
at
by handing to
a
and made known to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this __ day of
,20
Sheriffof
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
Comm.
Pluese, ERin, Becker & Saltzmon
A Division of
Katz, Ettin & Levine, P.C.
Rob Saltzman, Esquire
Attorney Identification No.: 53957
905 N. Kings Highway
Cherry Hill, NJ 08034
856/667-6440
Attorneys for Plaintiff
77026
GMAC MORTGAGE CORPORATION
Plaintiff,
LESLEY A. SPACE
Defendant (s) ·
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
02-1770 Civil
PRAECIPE TO SETTLE,
DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly settle,
without prejudice.
discontinue and
end the above captioned
matter
PLUESE, ETTIN, BECKER &
SALTZMAN
BY: ~.
, Esquire