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Home My WebLink About06-6427GOLbBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 VS. BRADLEY A. MILLS CATHY J. MILLS Mortgagors and Real Owners 73 S High Street Newville, PA 17241 Plaintiff Defendants Term CIVIL ACTMN: MORTGAGE PCPPICI_08uRf. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(&goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of GMAC-0082. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is GMAC MORTGAGE CORPORATION, 3451 Hammond Avenue, Waterloo, IA 50702. 2. The names and addresses of the Defendants are BRADLEY A. MILLS, 73 S High Street, Newville, PA 17241 and CATHY J. MILLS, 73 S High Street, Newville, PA 17241, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On July 28, 1998 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to ACCUBANC MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1472, Page 11. The mortgage has been assigned to: GMAC MORTGAGE CORPORATION by assignment of Mortgage, which is lodged for recording. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for May 01, 2006 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ....................................................................................$75,314.44 Interest from 04/01/2006 through 10/31/2006 at 7.2500% .......................$3,201.44 Per Diem interest rate at $14.96 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$3,765.72 Late Charges from 05/01/2006 to 10/31/2006 .............................................$179.52 Monthly late charge amount at $29.92 Costs of suit and Title Search ......................................................................$900.00 Escrow ..........................................................................................................$259.91 Corporate Advance ...................................................................................$4,332.92 Fees ..............................................................................................................$542.80 Expense Advances ....................................................................................$3,790.12 Monthly Escrow amount $177.72 $92,286.87 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above maybe less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $92,286.87, together with interest at the rate of $14.96, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By; k?"& ?- . ?Ih2 LD ECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Robert Lelli, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date l/3 c c ,.Ohib Ey, Commonwealth COMMONWF.AIJH UND TIT IC INSURANCI: COMPANY POLICY NO. G32-077150 FILE NO.: P112,328 EXHIBIT A ALL THAT CERTAIN lot or parcel of land situated in the Borough of Newville, Cumberland County, Pennsylvania, known and numbered as No. 73 South High Street, together with the improvements erected thereon as is more particularly bounded and described as follows: BEGINNING at an iron pin set in westerly line of twenty (20) foot wide alley which pin is North thirteen (13) degrees forty-seven (47) minutes fifty-eight (58) seconds West fifty (50.00) feet from an existing post which said existing post is a common corner of lands now or formerly of Kenneth Graham, lands now or formerly of Ronald M. Stouffer and lands now or formerly of H. Warren Welch; thence along line of Lot No. 3 of land subdivision for H. Warren Welch Estate, South seventy-three (73) degrees four (04) minutes sixteen (16) seconds West one hundred seventy-seven and fifty-five hundredths (177.55) feet through an iron pin set eight and three hundredths (8.03) feet from property corner to a point at easterly curbline of South High Street; thence along said curbline north sixteen (16) degrees nineteen (19) minutes twelve (12) seconds West fifty (50.00) feet to a point at corner of Lot No. 1; thence along line of Lot No. 1, North seventy-three (73) degrees five (05) minutes thirty-eight (38) seconds East one hundred seventy-nine and seventy-five hundredths (179.75) feet through an iron pin set eight and thirty hundredths (8.30) feet from property corner and through a frame garage situated partially on Lot No. 2 and partially on Lot No. 1 to an iron pin set in the westerly edge of a twenty (20) foot wide alley; thence along the westerly edge of said alley, South fourteen (14) degrees forty-seven (47) minutes fifty-eight (58) seconds East fifty (50.00) feet to an iron pin , the point and place of BEGINNING. BEING the same premises which Larry A. Egge by his deed dated July 28, 1998 and about to be recorded herewith in the office of the Recorder of Deeds of Cumberland County Pennsylvania, granted and conveyed unto Bradley A. Mills and Cathy J. Mills, h/w, mortgagor herein. PA 20 ALTA Loan Policy - 2992 (Amended 10/17/92) Eyt hibit (B GMAC Mortgage Corporation 3451 Hammond Avenue Waterloo I IA 50702 Date: 09/08/06 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 (HEM") may be able to help to save your home. This Notice explains how the proeram works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseline Agency. The name address and phone number of Consumer Credit Counseline Atencies servine your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housine Finance Atencv toll free at 1- 800-342-2397 (Persons with impaired hearine can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM," EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: BRADLEY A. MILLS 73 S HIGH ST NEWVILLE PA 17241 0306083904 GMAC Mortgage Corporation GMAC Mortgage Corporation 3451 Hammond Avenue Waterloo I IA 50702 Date: 09/08/06 ACT 91 NOTICE TAK"-uM ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1- 800-342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM," EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: CATHY J. MILLS 73 S HIGH ST NEWVILLE PA 17241 0306083904 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 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender is on your property located at 73 S HIGH ST NEWVILLE PA 17241 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 05/01/06 through 09/01/06. See attached Exhibit for payment breakdown. Monthly Payments $ 3575.22 Late Charges $ 91.24 NSF $ 0.00 Inspections $ 527.80 Other (Default Expenses and Fees) $ 3790.12 Optional Insurance $ 0.00 Suspense $ 0.00 TOTAL AMOUNT PAST DUE: $ 7984.38 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 7984.38, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check or certified check made payable and sent to: GMAC Mortgage Corporation ATTN: Payment Processing 3451 Hammond Avenue Waterloo , IA 50702 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) Not Applicable IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale You may do so by paving the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as pecified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: GMAC Mortgage Corporation Address: 3451 Hammond Avenue Waterloo I IA 50702 Phone Number: 800-850-4622 Fax Number: 319-236-7437 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTAGE - You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 800-850-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5039 EXHIBIT 05/01/06 through 09/01/06 Mo. Pmt. Amt. $ 748.02 )IJ tvi d P, -,, rte) _. = .1 Cj rn h.7 Leonard Tintner, Esquire Supreme Court I.D. #06859 Boswell, Tintner, Piccola & Alford 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (717) 236-9316 fax Attorneys for Defendant GMAC MORTGAGE CORPORATION, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-6427 CIVIL TERM BRADLEY A. MILLS and CATHY J. MILLS, . DEFENDANTS : ACTION OF MORTGAGE FORECLOSURE NOTICE TO PLEAD TO: GMAC Mortgage Corporation c/o Joseph A. Goldbeck, Jr. Suite 500 Mellon Independence Center 701 Market Street Philadelphia, PA 19106 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. BOSWELL, TINTNER, PICCOLA & ALFORD By: rd Tintner, Esquire Date: December 19, 2006 Leonard Tintner, Esquire Supreme Court I.D. #06859 Boswell, Tintner, Piccola & Alford 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (717) 236-9316 fax Attorneys for Defendant GMAC MORTGAGE CORPORATION, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-6427 CIVIL TERM BRADLEY A. MILLS and . CATHY J. MILLS, . DEFENDANTS : ACTION OF MORTGAGE FORECLOSURE DEFENDANT BRADLEY A. MILLS' ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE WITH NEW MATTER AND NOW COMES THE DEFENDANT BRADLEY A. MILLS, by and through his attorneys, Leonard Tintner, and Boswell, Tintner, Piccola & Alford, and Answers the Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted in Part and Denied in Part. It is admitted that Defendant Bradley A. Mills resides at 73 S. High Street, Newville, PA. The Defendants divorced in 1994 and the property was deeded to Defendant Bradley A. Mills, in his name alone. The whereabouts of Cathy J. Mills is unknown. 3. Admitted. 4. Admitted. 5. Denied. The Defendant made his mortgage payments directly to GMAC Mortgage, in the amount of $749.02, on May 5, 2006; payments in the amount of $707.00 on June 2, 2006, July 6, 2006, July 27, 2006, and August 28, 2006. The Plaintiff accepted these funds as evidenced by the Defendant's bank records which are attached hereto and identified as Exhibit "A" attached hereto. Defendant also made payments for his mortgage payment on September 29, 2006 and October 27, 2006, but those two (2) payments were returned by Plaintiff. Copies of these checks are attached hereto and identified as Exhibit "B" attached hereto. 6. Denied. Defendant made regular monthly mortgage payments from May through July 28, 2006, which payments were accepted by Plaintiff. Defendant has no knowledge of where Plaintiff applied these funds and proof of receipt of these funds is hereby demanded. Defendant also request proof of the expenses listed in Paragraph #6 with particular attention to Items listed as "Costs of suit and Title Search of $900.00"; "Corporate Advance of $4,332.92" and "Expenses Advance of $3,790.12." 7. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 7; the same are therefore denied and proof thereof demanded. 8. Denied. By way of further response, Defendant filed a Chapter 13 Bankruptcy on September 3, 2002, and in accordance with the Plan approved by the Bankruptcy Court, Defendant made all payments under the Plan and completed the plan satisfactory. The Chapter 13 Case was closed on November 9, 2005. Defendant made post-petition payments through October 2006. Plaintiff filed this foreclosure action on November 3, 2006, after the payments were rejected by Plaintiff for September and October, 2006. 9. Admitted. WHEREFORE, Defendant demands that judgment for the Plaintiff be denied. NEW MATTER 10. On September 3, 2002, as aforesaid, Defendants filed a Chapter 13 Bankruptcy with the Middle District Bankruptcy Court in Harrisburg, Pennsylvania, to Case #02-4770. 11. On December 26, 2002, Plaintiff, through its attorney, filed a Proof of Claim with the Court claiming it was owed $16,937.70 in arrears on the Defendants' mortgage. This Proof of Claim was accepted by the Court and the amount listed by Plaintiff was used in the calculations of the Chapter 13 Plan. A copy of the Proof of Claim is attached hereto as Exhibit "C." 12. Under Defendants' Chapter 13 Plan, an amount of $376.15 was forwarded to Plaintiff each month to from the Chapter 13 Trustee. 13. The total amount paid to the Plaintiff under the Chapter 13 Plan was $16,937.70, as evidenced by the Chapter 13 Trustee's Case Report, ending November 9, 2005. A copy of this report is attached hereto as Exhibit T." 14. On September 26, 2006, Defendant's counsel sent a letter to the attorney for Plaintiff at the time, as well as to the Plaintiff directly, disputing this debt and demanding proof thereof. A copy of this letter is attached hereto as Exhibit "E." 15. Defendant's counsel did receive a fax note regarding a Stipulation that was purported to be agreed to among the parties. However, Defendant had no personal knowledge of the Stipulation nor was his signature on this Stipulation. Defendant also never received a payment history of this account, as requested in the September 26, 2006, letter. 16. Plaintiff, by their failure to comply with the full request of Defendant, has failed to comply with the Fair Debt Collection Practices Act, by not providing Defendant with the break-down of payments made by the Defendant and initiated this lawsuit without providing the requested information to the Defendant. 17. Defendant requests, in accordance with the Fair Debt Collection Practices Act, attorneys fees in the amount of $1,500.00, for investigating and defending this litigation which does not comply with the Fair Debt Collection Practices Act. WHEREFORE, Defendant demands that judgment be entered in his favor and against the Plaintiff. RESPECTFULLY SUBMITTED, ELV,, VINTNER, PJQCOIA & ALFORD Leonard Tintner, Esquire Supreme Court I.D. #06859 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 DATE: December 19, 2006 10-26-2006 Checking Account Inquiry Next display: ,1,2, 20-0700-11 ' 13:25:46 Prior Statement for: 2128519 ASOUDERI BRADLEY A MILLS Bal as of 4-09-06 307.47 73 SOUTH HIGH STREET +Dep/CR: 3 3,251.22 NEWVILLE PA 17421 -Chks/DR: 57 3,263.21 -Service charge: .00 +Interest paid: .00 Current b alance: 295.48 Pst Dt Serial Number TC Description Amount Sub Balance 8 Eff Dt stir/R»r/Rstt/Seq# 050406 .,_. ,,, „ 050506 661 058 GMAC MTG CORP 749.02- 050506 050506 050506 Bottom F3=Sxit F8=Recent trans F16=Print research stmt F11=Fold/unfo ld F13=Inquiry window F15=Restart F24=More keys National Ban! , Nenhiville` .10-26-2006 Checking Account Inquiry Next display: ,1,2, 20-0700-11 ' 13:25:32 Prior Statement for: 2128519 ASOUDERI BRADLEY A MILLS Bal as of 5-07-06 295.48 73 SOUTH HIGH STREET +Dep/CR: 2 2,284.17 NEWVILLE PA 17421 -Chks/DR: 37 2,185.68 -Service charge: .00 +Interest paid: .00 Current b alance: 393.97 Pst Dt Serial Number TC Description Amount Sub Balance 8 Eff Dt Str/Run/Bat/Sc-4 053106 053106 __- „ 053106 _ 060106 - -- - 060106 „ 060206 677 058 GMAC MTG CORP 707.00- 060206 Bottom F3=Exit F8=Recent trans F16=Print research stmt Fll=Fold/unfold F13=1nquiry window F15=Restart F24=More keys the ' National Ban Newille, =n l _ " .10-26-2006 Checking Account Inquiry Next display: ,12, 20-0700-11 13:25:21 Prior statement for: 2128519 ASOUDERI BRADLEY A MILLS Bal as of 6-04-06 393.97 73 SOUTH HIGH STREET +Dep/CR: 3 4,098.01 NEWVILLE PA 17421 -Chks/DR: 59 3,085.39 -Service charge: .00 +Interest paid: .00 Current b alance: 1,406.59 Pst Dt Serial Number TC Description Amount Sub Balance S Eff Dt Str/Run/Bat/Seq# „ 063006 „ 063006 _ 070306 --- ? 070306 „ 070306 070306 .,?V ..jV ...L. - 070306 -- - ----- -- - - „ 070606 691 058 GMAC MTG CORP 707.00- cacire .. . F3=Exit F8=Recent trans F16=Print research stmt F11=7old/unfold F13=1nquiry window F15=Restart F24=More keys rmers Natona! Bank, Newille, n`W 1724' -Ti6r .10-26-2006 Checking Account Inquiry Next display:,1,2, 13:25:06 Prior Statement for: 2128519 BRADLEY A MILLS Bal as of 7-09-06 73 SOUTH HIGH STREET +Dep/CR: 3 NEWVILLE PA 17421 -Chks/DR: 57 -Service charge: +Interest paid: Current balance: Pst Dt S Eff Dt „ 072706 „ 072706 „ 072706 072706 „ 072706 „ 072706 „ 072806 „ 072806 Serial Number TC Description Amount Sub Str/Run/Sat/Seq# 712 058 GMAC MTG CORP 707.00- F3=Exit F8=Recent trans F16=Print research stmt Fll=Fold/unfold F13=Inquiry window F15=Restart F24=More keys the Friumers National Banc, Nave Dille, Pz, 1-72 20-0700-11 ASOUDERI 1,406.59 3,094.26 2,835.18 .00 .00 1,665.67 Balance 924.61 558.84 More... 10-26-2006 Checking Account Inquiry Next display: ,12, 20-0700-11 13:24:43 Prior Statement for: 2128519 ASOUDERI BRADLEY A MILLS Bal as of 8-06-06 1,665.67 73 SOUTH HIGH STREET +Dep/CR: 2 2,557.51 NEWVILLE PA 17421 -Chks/DR: 80 3,682.85 -Service charge: 2.00 +Interest paid: .00 Current balance: 538.33 Pst Dt Serial Number TC Description Amount Sub Balance X Eff Dt Str/Run/Bat/Seq# „ 082806 731 058 GMAC MTG CORP 707.00- 449.24 082806 „ 082806 „ 082806 082806 ' „ 083006 083006 „ 083006 _ F3=Exit F8=Recent trans F16=Print research stmt F11=Fold/unfold F13=Inquiry window F15=Restart F24=More keys The ran-ne s National 8a uap tl?????1?4EGe? Y"?, a6?""? n to GMAC Mortgage 3451 Hammond Ave P.O. Box 780 Waterloo, IA 50704-0780 10/05/06 BRADLEY A. MILLS CATHY J. MILLS 73 S HIGH ST NEWVILLE PA 17241 RE: Account Number Dear BRADLEY A. MILLS CATHY J. MILLS /??IS'6?a 3sss l-air_?¢a 339 ? 315-a3? yw?? 0306083904 73 S HIGH ST C 1`fi"4Y U^N'? NEWVILLE PA 17241 r 1r i, "v r: Enclosed please find personal chekc number 752 in the amount of $707.00. These funds are being returned to you for the following reasons: ([x)] This represents partial one of six installments due at this time. Your account is due for 05/01/06. There may be alternatives available to help resolve the delinquency on your home. Please complete the enclosed financial form and return it to our office or call 800-850-4622. [[]] Our records show payments on your account are required to be paid by certified funds. This means money orders, cashier's checks, or personal checks which have been certified at your local bank. [()] These funds are being returned to you because they do not represent the agreed-upon amount of the repayment plan. BRADLEY A. MILLS n this account. 73 sourH HIGH sTFq 7??' payoff will need NEVIKILLE, PA 17241 g 60-894/313 BRANCH at CF T'AYTO DATE ?r that purpose. CIRDEROFTHE Le collateral for y° CpUN'IY GETTYSBI7 NNAT10NAL RANK Gt® FOR C/2NNSYLVANLN -7 0 ----- ------------------ ?:03130991. SI: o? 2 1 2n?8 S 1?? 9tt? Q 7 5 2 G_ MAC Mortgage 3451 Hammond Ave P.O. Box 780 Waterloo, IA 50704-0780 11/02/06 BRADLEY A. MILLS CATHY J. MILLS 73 S HIGH ST NEWVILLE PA 17241 RE: Account Number 0306083904 Property Address 73 S HIGH ST NEWVILLE Dear BRADLEY A. MILLS CATHY J. MILLS PA 17241 PLEASE BE ADVISED THAT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Enclosed please find personal check 766 in the amount of $715.03. These funds do not represent the full amount due to reinstate your account at this time. Your account has been transferred to our attorney to begin foreclosure proceedings. Additional fees and costs have incurred. If it is your intent to reinstate your account in full, please contact the attorney below for the reinstatement amounts. Only the correct amount in the form of certified funds will be acceptable. Goldbeck McCafferty & McKeever Suite 5000 701 Market St Philadelphia PA 19106 999-999-9999 If you cannot afford to reinstate your mortgage, there may be alternatives available to help you avoid foreclosure. Contact the Loss Mitigation Department at GMAC Mortgage immediately at 800-850-4622 to discuss these options. BRADLEY A. Mil r c 7'3 SOUTH HIGH STpEET NE"LLE, PA 17241 766 =13 PAY TO THE DATE ORDEROF 7!S c ri1 ?. L{ u ADAMS COLN1 GE'ITYSBURG , NATK)NAL BANK . FOR ? d ?C'?cj 3 PL> LTASYLVANIA 13099t,Sj- ,,, - 2 1 2 w, g S In q,,. 0 Z& 6 "" 810 (Official Form 10) (Rey. 11102) United States Bankruptcy Court MIDDLE District of PENNSYLVANIA. In re (Name of Debtor) Bradley A. Mills Cathy J. Mills PROOF OF CLAIM Case Number 02-04770 JJT NOTE: This form should not be used to make a claim for an administrative expanse arising after the commencement of the case, A "request" of payment of an administrative expense may be filed pursuant to 11 U.S.C § 503. Name of Creditor (The person or other anUty to whom the debtor owes money or property) GMAC MORTGACS CORPORATION 08 PA Name and Addresses Where Notices Should be Sent Kisha Walker MC MORTGAGE CORPORATION OF PA 3451 HAMMOND AVENGE P.O. BOX 780 WATERLOO, IA 50702-0780 Telephone No. 319-236-4737 ACCOUNT OR OTHER NUM. BY WHICH CREDITOR INDENTIFIES DEBTOR: 306083904 1. BASIS FOR CLAIM U Goods sold U Services performed I3 Money loaned ? Personal InjuryAvrongful death n Taxes ? Other (Describe briefly) 2. DATE DEBT WAS INCURRED: 07/28/98 4. CLASSIFICATION OF CLAIM. Under the Bankruptcy Code all claims are classified as one or more of the following: (1) Unsecured nonpriority, (2) Unsecured Priority, (3) Secured. it Is possible for part of a claim to be in one category and part in another. CHECK THE APPROPRIATE BOX OR BOXES that best describe your claim and STATE THE AMOUNT OF THE CLAIM AT TIME CASE FILED. .. SECURED CLAIM $ $96,450.75 Attach evidence of perfection of security interest Brief Description of Collateral: t?? Real Estate C7 Motor Vehicle ? Other (Describe brtally) Amount of ormarage and other charges at time case filed included in secured claim above, it any $ $16.937.70 C UNSECURED NONPRIORITY CLAIMS A claim is unsecured if there is no collateral or lien on property of the debtor securing the claim or to the extent that the value of such property Is less than the amount of the claim. 5. TOTAL AMOUNT OF CLAIM AT TIME $ CASE FILED: n Check box if you are aware that anyone else has filed a proof of claim relating to your claim. Attach copy of statement giving particulars. F1 Check box if you have never received any notices from the bankruptcy court in this case. fl Check box if the address differs from the address on the envelope sent to you by the court. THIS SPACE IS FOR COURT USE ONLY Check here if this claim, ?replaces a prev amends iously filed claim, dated: 09 /20 /02 ? Retiree benefits as defined in 11 U.S.C. § 1114(s) ? Wages, salaries, and compensations (Fill out below) Your social security number Unpaid compensations for services perfomred from to (date) ----- (data) 3. IF COURT JUDGEMENT, DATE OBTAINED: F1 UNSECURED PRIORITY CLAIM $ Specify the priority of the claim. ? Wages, salaries, or commissions (up to $2000, earned not more than g0 days before filing of the bankruptcy petition or cessation of the debtor's business, whichever is earner)-11 U.S.C. § 507(aX3) ? Contributions to an employee benefit plan,)) U.S.C. § 507(a)(4) ? Up to $00 of deposits toward purchase, lease, or rental of property or services for personal, family, or household use-11 U.S.C. § 507(a)(8) fl Taxes or penalties of govermental units-11 U.S.C. § 507(aX7) U Offber-Specify applicable paragraph of 11 U.S.C. § 507(x) $ _,96,450.75 ($ X6,450.75. (Unsecured)- (Secured)'. (Priority) I .. -- -- (To?1) J 1 19 Check this box if claim includes charges in addition to the principal amount of the claim. Attach Itemized statement of all additional charges 8. CREDITS AND SETOFFS: The amount of all payments on this claim has been cradled and deducted for the purpose of making this proof of claim. In filing this calm, claimant has deducted all amounts that claimant owes to debtor. 7. SUPPORTING DOCUMENTS: Attach copies of supporting documents, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, court judgements, or evidence of security Interests. If the documents are not available, explain. If the documents are voluminous, attach a summary. 8. TIME-STAMPED COPY: To receive an acknowledgment of the filling of your claim, enclose a stamped, self-addressed evelope and copy of this proof of claim. Date SigpQd print the name and title, if any, oV* creditor or other person a to file this claim (attach copy of attorney, if any) 12/20/02 ;.--, -r- F n and Phelan, udith T. Raman ,Esquire _ 7 ohn ndKennedyBoulevard-Suite. DO.O. P Penalty for presenUng fraudulent claim. Fine of up to $500,000 or imprisonment Produced by P.O.C. TM a product of Creditors Software Incorporated. 02/28/02 THIS SPACE IS FOR }tARRISBURG FLUT" PA 01 1.' r=U 2 6 2002 Clerk, U.S. Bankruptcy Court and 3571 `? y?i>«vvv i.:?v eua env": eif-rio-vvii aooys maeavay ?irrs iv: GJoyJlb YAUL: vuJ vt M5 11>i 6 AM cw REPORT FROM 04I>l i TO 11/09/ 5 6 1ix2a'779C0 MAD:LEY A & CANNY J PEM$ ATTOMY. PET f ILE€3 09/03!2002 gut dA1lE'S K. j WS, i M- IRO FLAX 711E1? 09/0.X12W72 STATIA 2 73 S AI M1 ST camoM RATE 181' NW 194 10/ 171= T3'01j51`M'B CAP +: 2.15 NEus ILe QA 1mT 03402333it220.5x # DATE WIFIR31E11 03/;66/Zf TRW EE VMP 1€ 2.15 DATE 1:'u1&F.tr 111 09/2005 PAYMENT 415.001 POLYd S/M 1 T ALAN 1013.00 YIN 01. 0.000 01IST FORWAn 17.#20 DATE 7u00"T DATE A3i40i1!€1 DATE A700m DATc AK"T DATE A100W DATE AVOOLWT 10/3Gl0Z 815.00 111127102 -815.00 1;/14/42 835.00 12/10/02 376.15 12/23/t1Y 376;15 01/03/03 376.15 01/21/03 3156.15 02/0%/03 576.15 0Z/211/C3 375,15 0105103 376.15 3131171033 376,15 Q4/OUM 3T60,5 04115103 376,15 04/29/013 376.15 05112,103 336.11 0512743 376.13 06110J03 376.15 06/23 AS 376.15 03/0;6103 376.15 0x7121103 376.15 Ckft/o$ 31'6.15 3)3 1#3 318.15 O9/03M 3T'6.15 09ASg 03 378,15 10'11131/03 06.15 1005105 37605 i#fZM 376.15 111111103 376.15 1112,5/03 376,13 12149103 376.15 tTJ2M 374.15 01107/04 374.15 031121104 3755.15 #€21333/060; . 376.15 WJ18f04 376.15 f3,5? 02104 31'6,55 03/1651034 376.15 031301014 376.13 04/13/44 $76.75 '04/?8131+ 376.'15 05/11141. 376.15 05/25/04 376.15 COMM 376,15 0021/06 3x6.15 tr/m/04 3.76.15 07f28104 376.15 MO5/04 376.15 326/16/1;4 V6.15 09/01/024 376.15 04/15/04 37 AS 090/21P104 376.1'5 10/14A04 376.15 10/27/04 376.15 11/1004 11'6.15 11124.104 57'8115 12101114 376.15 12121/44. 376.15 41106}05 MAS 01 WI% 371x.15 012 MOS 336,15 02/14305 376.1$ 113/@3/05 371.15 03116M 31`6.15 03131!/075 376.15 03411415)5 31'615 314{27/45 376.15 05/16m $76. IS 0S1UM 375.13 0610105 376.155 0621/05 376.15 0110110 376.13 17/20/03 376.15 05YOU05 376.15 08117105 3775.15 412/30105 37405 0/16/0 5.78,15 W1271% 376.15 10/13/05 376.15 16/2605 3"/ AS Gim Crad Now 3:1 Pr Nd Pof NO AW fth AW 1 Pt's Aar f w Efed Affir pbld Nklan" As>g1ema St MO JMIM K. JN 09 12 0,40 1,700.30 1,700.00 00.4 1,70.00 0.40 1,730.00 o.00 0..40 2 001 €RIUMAL REV 0.2 13 0.010 2,669.22 21259':92 4.1E 212"192 4100 2,2'59.92 0.00 0.;10 2 . 02 OA AND 0: Q 13 0.00 412.0 6.036 4.1D 0.00 0.0013 0.001 0.00 8.40 2 0/ T No ft L44 tam 003 BIG SPii€0N€S 02 13 0.00 1,100,370 4140 410 01000 0.00 OM 0.003 2. C7 11T ... -> Nc Otto talms 101 Am€CA70 6E13 01 24 0.011 2,609.72 0.00 0.0 0.030 0.00 u.oo 0100 0100 2 03 1 -•--- Wttid* pLan 112 110,r"L1'70 41 i3 0.330 4.2+4.14 MAP CO M1.19 4.00 9u"19 0.00 8.00 2 1073 G33AC NORT"O 41 2A 0.00 116,+[50.75 X33.0 18,9'37`.7€1 4.300 16,437.70 0.00 0,010 Z Ci 007 •> Arrasc4 21x1 MW TTL70 03 33 031012 500"x.34 MAO 014 53012.30 41432 M197 50-33 0.00 1 x`fi2' IRTER13 L REV 03 33 0,00 2,664.22 4093-0 0.0 409.34 0.00 130.97 220.33 [+.piT 1 2033.ASPW V€SA 03 33 1x,010 3,244.23 3,2#6;.23 6.6 3,2334.23 03.04 1,416.75: 11787.45 0.031 1 2141 PORTfoLlo R# 03 33 0_00 153.46 633046 01.0 6431046 0.00 20-10 3664.?5 4.00 1 20 Rvnmwl CA 03 33 0,00 3„0196.13 3,096.13 0.0 3.096.13 0.00 1,727,15 03.00 R 2% 611W 3 03 33 03.60 21364.36 21'364.36 0.0 2,31x4.36 03.043 1,045.+12 1,318.94 '3,.000 1 801 so m 03 33 0.00 463,77 463..77 0.0 463.77 oleo 2315.606 2516::t 0.010 1 20B so 104. 03 33 0,OO 3236 3236 0.0 32.36 00.00 14.1:1 18.21 61,00 1 209 AXYS M0 TI ONA 03 33 0.00 9545.91 945.23 1).6 046.23 6.04 411'.94 527,24 GRID, '1 Zia SOOT0x AN 01 33 0..7;03 227.13 227.13 0.0 -x'3'.13 0.004 100..54 126.50 O.OO 1 211 SWOT 03 33 4,01L3 115:44 i15.44 13,0 115.40 4.00 50.79 64.81 0.00 1 2t2 MW SBC7 LE 03 153 (3.02£6 1,3fl4.69 1,3 WOO 08.11 1.30,69 01:30 2119.100 7?Jt1:Si1 0.00 215 0rA@€TAL.. OWE. 05 33 0.00 3303.32 805.32 0.0 3303.32 0.00 5#5.19 416€.1'5 0.00 1 494 **itw1:Y 6 all L1 0000 0.3103 82.40 0.0 82.40 0.00 82.413 0.00 0.00 TOt A3 S0 122,6SZ.U 31,431.294 36,1.°31.24 0.00 20,32'1.20 8110x4-0 9 0.00 BOSWELL, TINTNER, PICCOLA & ALFORD COUNSELORS AT LAW 315 NORTH FRONT STREET P.O. BOX 741 HARRISBURG, PA 17108-0741 LEONARD TINTNER JEFFREY E. PICCOLA 17171 236-9377 JEFFREY R. BOSWELL FAX 17171 236-9316 BRIGID O. ALFORD btpa?ait.net G. EDWARD SCHWEIKERT, IV September 26, 2006 Jay Jones, Esquire Supervising Attorney - Bankruptcy Dept. Federman & Phelan One Penn Center 1617 JFK Blvd. Suite 1400 Philadelphia, PA 19103-1834 WILLIAM D. BOSWELL (1943-1999) RE: GMAC Mortgage Corporation of Pa Debtors - Bradley A. Mills & Cathy A. Mills Real Estate located at 73 S. High Street Newville, Pennsylvania 17241 Dear Attorney Jones: Please be advised that I represent Bradley A. Mills. Mr. Mills has informed me that your client, GMAC Mortgage Corporation, has forwarded him an Act 91 letter. To refresh your memory, Bradley Mills and his ex-wife, Cathy Mills, filed a Chapter 13 Bankruptcy in 2002, to Case #02-04770 JJT. Judith T. Romano, on behalf of your firm, filed a Proof of Claim on September 26, 2002, claiming your client was owed $18,387.07 in arrears on the mortgage. My client, through his bankruptcy attorney, James Jones, objected to that Proof of Claim. On December 26, 2002, Attorney Romano filed an amended Proof of Claim of $16,937.70. This figure was incorporated into the Chapter 13 Plan and was approved by the Court for payment to your client. Copies of the two Proofs of Claim are enclosed. The Chapter 13 Trustee, Charles J. DeHart, III, paid your client the total sum of $16,937.70. 1 am enclosing herewith a copy of the Case Report which reflect the amount paid directly to your client. Your client is now stating that the arrears owed at the time of the bankruptcy was $22,068.40 and not the $16,937.70 that was listed on the Amended Proof of Claim, filed with the Court and approved by the Court. My client continued to make his post-petition payments directly to your client, and did not miss a payment. In the Act 91 letter forwarded by your client, it claims that they are owed $7,984.38. We strongly disagree with this figure. The latest mortgage payment indicates that my client owes a for the April 1, 2006 payment through to the present date. How can that be? Mr. Mills has not Jay Jones, Esquire Page 2 September 26, 2006 missed a payment; it appears that your client was applying current mortgage payments to arrears that we strongly disagree are owed, as evidenced by the amount paid to your client under the Chapter 13 Plan. I am also enclosing copies of the letters sent to my client. This letter advises that we are disputing this debt and under the Fair Debt Collection Act, proof of the entire amount due and owing is now demanded. This would also including an accounting of how the Chapter 13 payments were applied. Mr. Mills has been advised that he should continue to make his regular monthly mortgage payments directly to GMAC. By copy of this letter, I am also advising GMAC of our dispute of the debt, as well as the United States Bankruptcy Trustee as we believe your client is in violation of the terms of the Bankruptcy Code by now stating that the original arrearage amount was $22,068.40. Your prompt attention to this matter is appreciated. If you have any questions, please feel free to contact me or my paralegal, Denise Foster, at extension 123. I await your reply. LT/dlf enclosures cc: GMAC Mortgage Corporation United States Trustee's Office Bradley Mills 12/1 i.v iv rUvu uvn vc o r76ow, iLn, rIW ti HLC, NEWVItNIAfiv. 111 Lod yJ1q PAGEb 01 WRAC MOMUME CORPORATION, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.OB4427 CIVIL TERM IiRADM A. MILLS and DEFENDANTS : ACTION OP MORTGAGE FORECLOSURE 1, BRADLEY A. MILLS, Defendant. hereby veft that the facts contained In the faeach ip PW"ng is true and oorMd to the best of knowledge, information and t*W. I undersfand that false stmenwts herein bj the penalties of 19 Pa.C.S.A. $4904 relaft to uneworn fats.. . au .,,.-? `? Bradley A. Mills Qate• LV Zg-ff?2 CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant Mills' Answer to Complaint with New Matter, by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Joseph A. Goldbeck, Esquire Goldbeck, McCafferty & McKeever 701 Market Street Suite 5000 Mellon Independence Center Philadelphia, PA 19106 By: Denise L. Foster, Paralegal Date: December 19, 2006 P-J t_:: - ?f - i GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE vs. BRADLEY A. MILLS CATHY J. MILLS 73 S High Street Newville, PA 17241 Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. Term No. 06-6427 GOLDBECK, McCAFFERTY & McKEEVER By Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff _. ? ?...rr?? ' .r, YS L.- ? t'?:. '=' ? M ? j .. . ?? ?? r t _ ?M SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06427 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS MILLS BRADLEY A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MILLS CATHY J but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE r the within named DEFENDANT MILLS CATHY J 73 S HIGH STREET NEWVILLE, PA 1724 NOT FOUND , as to PER BRAD. CATHY DOES NOT LIVE AT 73 S HIGH ST Sheriff's Costs: So answers- Docketing 6.00 Service .00 Not Found 5.00 R. Thoma Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 GOLDBECK MCCAFFERTY MCKEEVER 116,3101 (41 12/04/2006 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-06427 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS MILLS BRADLEY A ET AL J MICHAEL ICKES , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MTT,T,.q RRAM.F:Y A the DEFENDANT at 1915:00 HOURS, on the 30th day of November-, 2006 at 73 S HIGH STREET NEWVILLE, PA 17241 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 19.36 Affidavit .00 Surcharge 10.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/04/2006 GOLDBECK MCCAFFERTY MCKEEVER By : ?,? Q JL Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-06427 P COMMONWEALTH OF PENNSYLVANIA: ?- COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS MILLS BRADLEY A ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MILLS CATHY J was served upon the DEFENDANT at 1806:00 HOURS, on the 27th day of December-, 2006 at 64 W BIG SPRING AVENUE APT 3 NEWVILLE, PA 17241 CATHY MILLS by handing to 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 9.68 Affidavit .00 Surcharge 10.00 .00 37.68 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/28/2006 GOLDBECK MCCAFFERTY MCKEEVER By: e ty Sheriff A.D. 61 GOLDBECK McCAFFERTY & McKEEVER Professional Corporation By: Lisa A. Lee, Esquire Attorney I.D. # 78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 for Plaintiff GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 VS. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY BRADLEY A. MILLS and CATHY J. MILLS Mortgagors and Record Owners 73 S High Street Newville, PA 17241 No. 06-6427 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, by and through its undersigned counsel, hereby responds to Defendant Bradley A. Mills' New Matter as follows: 10. Admitted. 11. through 15. Denied. The averments of paragraphs eleven (11) through fifteen (15) refer to a document which is in writing and speaks for itself. Any characterization thereof is therefore denied. 16. and 17. Denied. The averments in paragraphs sixteen (16) and seventeen (17) are conclusions of law to which no response is necessary. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant's as prayed for in Plaintiff's Complaint. Respectfully submitted, Q AALee, CK McCAFFERTY & McKEEVER quire Attorney for Plaintiff v VERIFICATION LISA A. LEE, ESQUIRE hereby states that she is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Plaintiff's Reply to Defendant's New Matter are true and correct to the best of her knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. Lisa A. ee, Esiuire Attorney for Plaintiff V. GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Lisa A. Lee, Esquire Attorney I.D. # 78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 VS. BRADLEY A. MILLS and CATHY J. MILLS Mortgagors and Record Owners 73 S High Street Newville, PA 17241 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-6427 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Reply to Defendant's New Matter was sent by first class mail, postage pre-paid, upon the following on the date listed below: BOSWELL, TINTNER, PICCOLA & ALFORD Leonard Tintner, Esquire 315 N. Front Street P.O. Box 741 Harrisburg, PA 17108-0741 CATHY J. MILLS 73 S High Street Newville, PA 17241 CATHY J. MILLS 64 W. Big Spring Avenue, Apt 3 Newville, PA 17241 GOLDBECK, McCAFFERTY & McKEEVER Date: Ao ULisaA., uire Attorney for Plaintiff :. 1 GOLDBECK McCAFFERTY & McKEEVER BY: DAVID FEIN, ESQUIRE ATTORNEY I.D. #82628 Suite 5000 - Mellon Independence Center 701 Market Street ATTORNEY FOR PLAINTIFF Philadelphia, PA 19106-1532 215-627-1322 GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 vs. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY BRADLEY A. MILLS and CATHY J. MILLS Mortgagors and Record Owners 73 S High Street Newville, PA 17241 No. 06-6427 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLING THE DEBT. PLAINTIFF'S MOTION TO AMEND COMPLAINT Plaintiff, GMAC MORTGAGE CORPORATION, by its attorney, David Fein, respectfully requests that this Honorable court enter and Order granting Plaintiff's Motion to Amend Complaint in the above-captioned matter for the following reasons: 1. Plaintiff commenced the above-captioned mortgage foreclosure civil action on November 03, 2006, by filing its Complaint, a true and correct copy of which is attached hereto as Exhibit A. 2. Subsequent to filing the Complaint it was discovered that the amounts currently due on the Mortgage were stated in incorrectly. 3. Plaintiff therefore seeks to leave to file an Amended Complaint to reflect the amounts currently due on the Mortgage pursuant to Pa. R.C.P. 1147(4), (5) and (6). A true and correct copy of the proposed Amended Complaint is attached hereto, made part hereof, and marked Exhibit B. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant its Motion to Amend Complaint to reflect the correct amounts due on the Mortgage. Respectfully submitted, GOLDBECK, McCAFFERTY & McKEEVER BY: David Fein, Esquire Attorney for Plaintiff GOLDBECK McCAFFERTY & MCKEEVER BY: DAVID FEIN, ESQUIRE ATroRNEY I.D. #82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY VS. BRADLEY A. MILLS and CATHY J. MILLS Mortgagors and Record Owners 73 S High Street Newville, PA 17241 No. 06-6427 PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION TO AMEND COMPLAINT Rule 1033 of the Pennsylvania Rules of Civil Procedure specifically provide that: A party may, by leave of court at any time, amend his pleading. The amended pleading may aver transactions or occurrences, which have happened before or after filing of the original pleading... Subsequent to filing the Complaint it was discovered that the amounts currently due on the Mortgage at issue were stated incorrectly in the original Complaint filed in these proceedings. Plaintiff therefore seeks to leave to file an Amended Complaint to reflect the amounts currently due on the Mortgage pursuant to Pa. R.C.P. 1147(5). A true and correct copy of the proposed Amended Complaint is attached hereto, made part hereof, and marked Exhibit B. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant its Motion to Amend Complaint to reflect the correct amounts due on the Mortgage. Respectfully submitted, GOLDBECI McCAFFERTY & McKEEVER BY: - David Fein, Esquire ___ __te• V - _ Attorney for Plaintiff GOLUBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - N N D 701 MARKET PHILADELPHI , AafI 06 (215) 825-6318 WWW.GOLDBECKLAW.C ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THIS IS ,A TRUE AND CORPECT COPY OF THE ORIGINAL FILED OL _ ULL rOrY GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. BRADLEY A. MILLS CATHY J. MILLS Mortgagors and Real Owners 73 S High Street Newville, PA 17241 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term CIVIL ACPON: MORTGAGE r-"0RPC_08U1 F NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row C in Carlisle, PA 17013 - 717-243-9400 - s CUMBERLAND COUNTY BAR ASSOCIATION -. 3 2 Liberty Avenue Carlisle, PA 17013 - AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE LISTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE LISTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of GMAC-0082. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPL O TGAGE FORECLOSURE - AWL 1. Plaint' O TION, 3451 I#: Y PG h . A TRUE AND CORRECT COPY OF 2. The names and es ndants are BRADLEY A. MTffi,C*K .SW1Newville, PA 17241 and CAT Y I 173 igh Street, Newville, PA 17241, who are the mortgagors and real owners of the mo age premises hereinafter described. 3. On July 28, 1998 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to ACCUBANC MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1472, Page 11. The mortgage has been assigned to: GMAC MORTGAGE CORPORATION by assignment of Mortgage, which is lodged for recording. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for May 01, 2006 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ....................................................................................$75,314.44 Interest from 04/01/2006 through 10/31/2006 at 7.2500% .......................$3,201.44 Per Diem interest rate at $14.96 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$3,765.72 Late Charges from 05/01/2006 to 10/31/2006 ............................................. $179.52 Monthly late charge amount at $29.92 Costs of suit and Title Search ......................................................................$900.00 Escrow .......................................................................................................... $259.91 Corporate Advance ...................................................................................$4,332.92 Fees ..............................................................................................................$542.80 Expense Advances ....................................................................................$3,790.12 Monthly Escrow amount $177.72 $92,286.87 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $92,286.877 together with interest at the rate of $14.96, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By. AckOl L?210?WCL "GOLDAE-CK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Robert Lelli, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: c`" (EXI Commonwealth C.ommoNwr,% 7'N UND TITLE 1NSURANC F.. COMPANY POLICY NO. G32-077150 FILE NO.: P1121328 EXHIBIT A ALL THAT CERTAIN lot or parcel of land situated in the Borough of Newville, Cumberland County, Pennsylvania, known and numbered as No. 73 South High Street, together with the improvements erected thereon as is more particularly bounded and described as follows: BEGINNING at an iron pin set in westerly line of twenty (20) foot wide alley which pin is North thirteen (13) degrees forty-seven (47) minutes fifty-eight (58) seconds West fifty (50.00) feet from an existing post which said existing post is a common corner of lands now or formerly of Kenneth Graham, lands now or formerly of Ronald M. Stouffer and lands now or formerly of H. Warren Welch; thence along line of Lot No. 3 of land subdivision for H. Warren Welch Estate, South seventy-three (73) degrees four (04) minutes sixteen (16) seconds West one hundred seventy-seven and fifty-five hundredths (177.55) feet through an iron pin set eight and three hundredths (8.03) feet from property corner to a point at easterly curbline of South High Street; thence along said curbline North sixteen (16) degrees nineteen (19) minutes twelve (12) seconds West fifty (50.00) feet to a point at corner of Lot No. l; thence along line of Lot No. 1, North seventy-three (73) degrees five (05) minutes thirty-eight (38) seconds East one hundred seventy-nine and seventy-five hundredths (179.75) feet through an iron pin set eight and thirty hundredths (8.30) feet from property corner and through a frame garage situated partially on Lot No. 2 and partially on Lot No. 1 to an iron pin set in the westerly edge of a twenty (20) foot wide alley; thence along the westerly edge of said alley, South fourteen (14) degrees forty-seven (47) minutes fifty-eight (58) seconds East fifty (50.00) feet to an iron pin , the point and place of BEGINNING. BEING the same premises which Larry A. Egge by his deed dated July 28, 1998 and about to be recorded herewith in the office of the Recorder of Deeds of Cumberland County Pennsylvania, granted and conveyed unto Bradley A. Mills and Cathy J. Mills, h/w, mortgagor herein. PA 20 ALTA Loan Policy - 1992 (Amended 10/17/91) r"' .+n0 hibit B GMAC Mortgage Corporation 3451 Hammond Avenue Waterloo , IA 50702 Date: 09/08/06 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. Specifc information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving Your County are listed at the end of this Notice If you have any auestions, you may call the Pennsylvania Housing Finance Agency toll free at 1- . 800-342-2397 (Persons with impaired hearing can call (717) 780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM," EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: BRADLEY A. MILLS 73 S HIGH ST NEWVILLE PA 17241 0306083904 GMAC Mortgage Corporation GMAC Mortgage Corporation 3451 Hammond Avenue Waterloo , IA 50702 Date: 09/08/06 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 CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling AQency. The name, address and phone number of Consumer Credit Counseling Agencies serving Your County are listed at the end of this Notice If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800-342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM," EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: CATHY J. MILLS 73 S HIGH ST NEWVILLE PA 17241 0306083904 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 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist- you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed can still avvly for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Brine it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender is on your property located at 73 S HIGH ST NEWVILLE PA 17241 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 05/01/06 through 09/01/06. See attached Exhibit for payment breakdown. Monthly Payments $ 3575.22 Late Charges $ 91.24 NSF $ 0.00 Inspections $ 527.80 Other (Default Expenses and Fees) $ 3790.12 Optional Insurance $ 0.00 Suspense $ 0.00 TOTAL AMOUNT PAST DUE: $ 7984.38 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 7984.38, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check or certified check made payable and sent to: GMAC Mortgage Corporation ATTN: Payment Processing 3451 Hammond Avenue Waterloo , IA 50702 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) Not Applicable IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have. not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paving the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and another costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: GMAC Mortgage Corporation Address: 3451 Hammond Avenue Waterloo , IA 50702 Phone Number: 800-850-4622 Fax Number: 319-236-7437 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTAGE - You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO SORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 800-8504622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5039 r ? EXHIBIT 05/01/06 through 09101106 Mo. Pmt. Amt. $ 748.02 e%olloll ••$ „ GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff VS. BRADLEY A. MILLS CATHY J. MILLS Mortgagors and Real Owners 73 S High Street Newville, PA 17241 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW AMENDED ACTION OF MORTGAGE FORECLOSURE Defendants I No. 06-6427 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Amended Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Amended Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Beth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of GMAC-0082. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. AMENDED COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is GMAC MORTGAGE CORPORATION, 3451 Hammond Avenue, Waterloo, IA 50702. 2. The names and addresses of the Defendants are BRADLEY A. MILLS, 73 S. High Street, Newville, PA 17241 and CATHY J. MILLS, 73 S. High Street, Newville, PA 17241, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On July 28, 1998 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to ACCUBANC MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1472, Page 11. The mortgage has been assigned to: GMAC MORTGAGE CORPORATION by assignment of Mortgage recorded in the Office of the Recorder of Deeds of Cumberland County as Deed Book 614, Page 37. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for May 01, 2006 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance Interest from 02/01/2006 through 03/20/2007 at 7.2500% Per Diem interest rate at $15.01 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges Costs of suit and Title Search Escrow Property Inspection $75,542.91 $6,233.43 $3,777.15 $296.53 $900.00 $2,281.22 $602.80 $89,634.04 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $89,634.04, together with interest at the rate of $15.01,p er day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF ?hibit A Commonwealth Cow%toNWG,117H L%Nn 1'(1-(1 INWHANCE COMPANY POLICY NO. G32-077150 FILE NO.: P112,328 \1? EXHIBIT A ALL THAT CERTAIN lot or parcel of land situated in the Borough of Newville, Cumberland County, Pennsylvania, known and numbered as No. 73 South High Street, together with the improvements erected thereon as is more particularly bounded and described as follows: BEGINNING at an iron pin set in westerly line of twenty (20) foot wide alley which pin is North thirteen (13) degrees forty-seven (47) minutes fifty-eight (58) seconds West fifty (50.00) feet from an existing post which said existing post is a common corner of lands now or formerly of Kenneth Graham, lands now or formerly of Ronald M. Stouffer and lands now or formerly of H. Warren Welch; thence along line of Lot No. 3 of land subdivision for H. Warren Welch Estate, South seventy-three (73) degrees four (04) minutes sixteen (16) seconds West one hundred seventy-seven and fifty-five hundredths (177.55) feet through an iron pin set eight and three hundredths (8.03) feet from property corner to a point at easterly curbline of South High Street; thence along said curbline North sixteen (16) degrees nineteen (19) minutes twelve (12) seconds West fifty (50.00) feet to a point at corner of Lot No. 1; thence along line of Lot No. 1, North seventy-three (73) degrees five (05) minutes thirty-eight (38) seconds East one hundred seventy-nine and seventy-five hundredths (179.75) feet through an iron pin set eight and thirty hundredths (8.30) feet from property corner and through a frame garage situated partially on Lot No. 2 and partially on Lot No. 1 to an iron pin set in the westerly edge of a twenty (20) foot wide alley; thence along the westerly edge of said alley, South fourteen (14) degrees forty-seven (47) minutes fifty-eight (58) seconds East fifty (50.00) feet to an iron pin , the point and place of BEGINNING. BEING the same premises which Larry A. Egge by his deed dated July 28, 1998 and about to be recorded herewith in the office of the Recorder of Deeds of Cumberland County Pennsylvania, granted and conveyed unto Bradley A. Mills and Cathy J. Mills, h/w, mortgagor herein. PL 20 A= Loan Policy - 2992 (Amended 10/17/97) rh6it ? i GMAC Mortgage Corporation 3451 Hammond Avenue Waterloo , IA 50702 Date: 09/08/06 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 Wages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the proaram works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions. you may call the Pennsylvania Housing Finance Agency toll free at 1- 800-342-2397 (Persons with impaired hearing can call (71 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM," EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: BRADLEY A MILLS 73 S HIGH ST NEWVILLE PA 17241 0306083904 GMAC Mortgage Corporation GMAC Mortgage Corporation 3451 Hammond Avenue Waterloo , IA 50702 Date: 09/08/06 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 CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions. you may call the Pennsylvania Housing Finance Agency toll free at 1- 800-342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM," EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: CATHY J. MILLS 73 S HIGH ST NEWVILLE PA 17241 0306083904 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 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to- face, meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of desiMated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender is on your property located at 73 S HIGH ST NEWVILLE PA 17241 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 05/01/06 through 09/01/06. See attached Exhibit for payment breakdown. Monthly Payments $ 3575.22 Late Charges $ 91.24 NSF $ 0.00 Inspections $ 527.80 Other (Default Expenses and Fees) $ 3790.12 Optional Insurance $ 0.00 Suspense $ 0.00 TOTAL AMOUNT PAST DUE: $ 7984.38 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 7984.38, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check or certified check made payable and sent to: GMAC Mortgage Corporation ATTN: Payment Processing 3451 Hammond Avenue Waterloo JA 50702 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) Not Applicable IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose uuon Your mortgaged uroperty. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period. you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have.not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by pavin the total amount then past due. Rlus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by pgrforming any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: GMAC Mortgage Corporation Address: 3451 Hammond Avenue Waterloo , IA 50702 Phone Number: 800-850-4622 Fax Number: 319-236-7437 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTAGE - You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO SORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 800-850-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5039 EXHIBIT 05/01/06 through 09/01/06 Mo. Pmt. Amt. $ 748.02 VERIFICATION DAVID FEIN hereby states that he is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Motion to Amend Complaint is true and correct to the best of his knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. Date: r David Fein, Esquire Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER BY: DAVID FEIN, ESQUIRE ATroRNEY I.D. #82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 vs. BRADLEY A. MILLS and CATHY J. MILLS Mortgagors and Record Owners 73 S High Street Newville, PA 17241 CERTIFICTATION OF SERVICE No. 06-6427 I hereby certify that a true and correct copy of Motion to Amend Complaint and Memorandum of Law in support thereof was sent by first class mail, postage pre-paid, upon the following on the date listed below: BOSWELL, TINTNER, PICCOLA & ALFORD Leonard Tintner, Esquire 315 N. Front Street P.O. Box 741 Harrisburg, PA 17108-0741 Date: 1-/-7/20 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Cathy J. Mills 73 S. High Street Newville, PA 17241 Cathy J. Mills 64 W. Big Spring Avenue, Apt. 3 Newville, PA 17241 GOLDBECK, McCAFFERTY & McKEEVER D 'd Fein, Esquire Attorney for Plaintiff ?? ?? ?T «: a "'f'i ' e? 3 jl __°. .. .?.t l _t ?". _. ?.y+? l J?.+ -j 4.r "' . 1 .. ???"+ ' V J ..A- ? ?µ / w'^? '.? tV "'{ Leonard Tintner, Esquire Supreme Court I.D. #06859 Boswell, Tintner, Piccola & Alford 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (717) 236-9316 fax Attorneys for Defendant GMAC MORTGAGE CORPORATION, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-6427 CIVIL TERM BRADLEY A. MILLS and CATHY J. MILLS, DEFENDANTS : ACTION OF MORTGAGE FORECLOSURE DEFENDANT BRADLEY A. MILLS' RESPONSE & OBJECTION TO PLAINTIFF'S MOTION TO AMEND COMPLAINT Plaintiffs counsel failed to conform with rules of Civil Procedures of Cumberland County 208.2(d) in not seeking concurrence from Defendant's counsel prior to the filing of this motion. 2. Defendant's counsel does not concur with the filing of this motion as it was insufficiently vague in the original complaint and it has not been corrected by the Motion to Amend Complaint or the Amended Complaint attached to the motion and as a consequence, it prejudices Defendant's ability to defend. 3. Attempts have been made to communicate with Plaintiff's counsel, to obtain specific information concerning payments made and the affect of the fulfilment under the Chapter 13 Bankruptcy Plan., which was approved by the United States Court. WHEREFORE, Defendant respectfully request that the Court deny Plaintiff's Motion. RESPECTFULLY SUBMITTED, BOSWE4 'VINTNER, Pjf,*CQLA & ALFORD By: )Leonard Timer, Esquire Supreme Court I.D. #06859 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 DATE: May 11, 2007 CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant Mills' Response & Objection to Plaintiff's Motion, by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: David Fein, Esquire Goldbeck, McCafferty & McKeever 701 Market Street Suite 5000 Mellon Independence Center Philadelphia, PA 19106 By: - 2?,? ?? Denise L. Foster, Paralegal Date: May,>O, 2007 1 Xr- GMAC Mortgage Corp. vs. NO. 06-6427 Bradley A. Mills and Cathy J. Mills CERTIFICATION PURSUANT TO CUMBERLAND R.C.P. NO. 208.3(a)(2)& (9) I, David Fein, Esquire, counsel for the plaintiff, hereby certify that no other motions have been decided in this case. I further certify that the defendants' counsel does not concur with the plaintiff s motion to amend complaint. Date: S1a5/o 7 Respectfully submitted, vid Fein, Esquire Attorney for Plaintiff ;' Z CERTIFICATE OF SERVICE David Fein, Esquire, hereby certifies that on he did serve a true and correct copies of the within Certfication by facsimile upon the following: Leonard Tintner, Esq. P.O. Box 741 Harrisburg, PA 17108 Facsimile (717) 236-9316 GOLDBECK, McCAFFERTY & McKEEVER BY: - Da id Fein, Esquire Attorney for Plaintiff r•4 'fG r? Z:12 R MAY 092001 GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 vs. BRADLEY A. MILLS and CATHY J. MILLS Mortgagors and Record Owners 73 S High Street Newville, PA 17241 ORDER OF Cumberland COUNTY No. 06-6427 AND NOW, this /l' day of 9H.. , 2007, upon consideration of the Motion to Amend Complaint and Memorandum of Law and Response (if any) filed by Defendants, Plaintiff is hereby authorized to file and serve upon Defendants an Amended Complaint in the form attached to this motion as Exhibit B. IN THE COURT OF COMMON PLEAS BY THE COURT: IF: OF TH- !?- ," 0TiVRY 2007 JUN f f All !!: 30 GOLDBECK McCAFFERTY, & MCKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff VS. BRADLEY A. MILLS CATHY J. MILLS Mortgagors and Real Owners 73 S High Street Newville, PA 17241 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW AMENDED ACTION OF MORTGAGE FORECLOSURE Defendants No. 06-6427 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Amended Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Amended Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Beth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of GMAC-0082. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. AMENDED COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is GMAC MORTGAGE CORPORATION, 3451 Hammond Avenue, Waterloo, IA 50702. 2. The names and addresses of the Defendants are BRADLEY A. MILLS, 73 S. High Street, Newville, PA 17241 and CATHY J. MILLS, 73 S. High Street, Newville, PA 17241, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On July 28, 1998 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to ACCUBANC MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1472, Page 11. The mortgage has been assigned to: GMAC MORTGAGE CORPORATION by assignment of Mortgage recorded in the Office of the Recorder of Deeds of Cumberland County as Deed Book 614, Page 37. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for May 01, 2006 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance Interest from 02/01/2006 through 03/20/2007 at 7.2500% Per Diem interest rate at $15.01 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges Costs of suit and Title Search Escrow Property Inspection $75,542.91 $6,233.43 $3,777.15 $296.53 $900.00 $2,281.22 $602.80 $89,634.04 7. If the Mortgage is reinstated prior to a Sheriff s Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriffs Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $89,634.04, together with interest at the rate of $15.01, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By: & McKEEVER BV?JOSEPH A. GOLDB9'CK, 7R., ESQUIRE ATTORNEY FOR PLAINTIFF J S ,Exhi6it ? Commonwealth C0MaA0NWF,%1.TH LIND 1-1-11 INSLIRMCF. (:(-).%II'A:"Y POLICY NO. G32-077150 FILE NO.: P112,328 L EXHIBIT A ALL THAT CERTAIN lot or parcel of land situated in the Borough of Newville, Cumberland County, Pennsylvania, known and numbered as No. 73 South High Street, together with the improvements erected thereon as is more particularly bounded and described as follows: BEGINNING at an iron pin set in westerly line of twenty (20) foot wide alley which pin is North thirteen (13) degrees forty-seven (47) minutes fifty-eight (58) seconds West fifty (50.00) feet from an existing post which said existing post is a common corner of lands now or formerly of Kenneth Graham, lands now or formerly of Ronald M. Stouffer and lands now or formerly of Be Warren Welch; thence along line of Lot No. 3 of land subdivision for H. Warren Welch Estate, South seventy-three (73) degrees four (04) minutes sixteen (16) seconds West one hundred seventy-seven and fifty-five hundredths (177.55) feet through an iron pin set eight and three hundredths (8.03) feet from property corner to a point at easterly curbline of South High Street; thence along said curbline North sixteen (16) degrees nineteen (19) minutes twelve (12) seconds West fifty (50.00) feet to a point at corner of Lot No. 1; thence along line of Lot No. 1, North seventy-three (73) degrees five (05) minutes thirty-eight (38) seconds Bast one hundred seventy-nine and seventy-five hundredths (179.75) feet through an iron pin set eight and thirty hundredths (8.30) feet from property corner and through a frame garage situated partially on Lot No. 2 and partially on Lot No. 1 to an iron pin set in the westerly edge of a twenty (20) foot wide alley; thence along the westerly edge of said alley, South fourteen (14) degrees forty-seven (47) minutes fifty-eight (58) seconds East fifty (50.00) feet to an iron pin , the point and place of BEGINNING. BEING the same premises which Larry A. Egge by his deed dated July 28, 1998 and about to be recorded herewith in the office of the Recorder of Deeds of Cumberland County Pennsylvania, granted and conveyed unto Bradley A. Mills and Cathy J. Mills, h/w, mortgagor herein. PA 20 ALTA Loan Policy - 1992 (Amended 10/17/92) s i (E)Chi6it (B GMAC Mortgage Corporation 3451 Hammond Avenue Waterloo , IA 50702 Date: 09/08/06 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 panes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with You when you meet with the Counseline Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving Your County are listed at the end of this Notice. If you have any nuestions, You may call the Pennsylvania Housing Finance Agency toll free at 1- 800-342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM," EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: BRADLEY A- MILLS 73 S HIGH ST NEWVILLE PA 17241 0306083904 GMAC Mortgage Corporation GMAC Mortgage Corporation 3451 Hammond Avenue Waterloo , IA 50702 Date: 09/08/06 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 CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counsellne Agencies serving your County are listed at the end of this Notice. H you have any questions, You may call the Pennsylvania Housing Finance Agency toll free at 1- 800-342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM," EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: CATHY J. MILLS 73 S HIGH ST NEWVILLE PA 17241 0306083904 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 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of desipated consumer credit counseling agencies for the county in which the proverty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR ROME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have tiled bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender is on your property located at 73 S HIGH ST NEWVILLE PA 17241 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 05/01/06 through 09/01/06. See attached Exhibit for payment breakdown. Monthly Payments $ 3575.22 Late Charges $ 91.24 NSF $ 0.00 Inspections $ 527.80 Other (Default Expenses and Fees) $ 3790.12 Optional Insurance $ 0.00 Suspense $ 0.00 TOTAL AMOUNT PAST DUE: $ 7984.38 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 7984.38, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check or certified check made payable and sent to: GMAC Mortgage Corporation ATTN: Payment Processing 3451 Hammond Avenue Waterloo JA 50702 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) Not Applicable IF YOU DO NOT CURE THE DEFAULT -if you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon Your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period. You will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have. not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and another costs connected with the Sheriff's Sale as specified in writing -by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: GMAC Mortgage Corporation Address: 3451 Hammond Avenue Waterloo PIA 50702 Phone Number: 800-850-4622 Fax Number: 319-236-7437 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your fiunishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTAGE - You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 800-850-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5039 EXHIBIT 05/01/06 through 09/01/06 Mo. Pmt. Amt. $ 748.02 VERIFICATION I, Robert Lelli, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: ' I--?-3/°;F J t'a , q c. rn N ul r> , > -Tj i ; rn `a rv GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation ATTORNEY FOR PLAINTIFF By: David Fein, Esquire Attorney I.D. #82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 (215) 627-1322 GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. BRADLEY A. MILLS and CATHY J. MILLS 73 S High Street Newville, PA 17241 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW AMENDED ACTION OF MORTGAGE FORECLOSURE No. 06-6427 AFFIDAVIT OF SERVICE I hereby certify that Plaintiff's Amended Complaint relative to the above captioned matter was served pursuant to Rule 440 by first class mail on counsel for Defendant, Bradley A. Mills by mailin to Leonard Tintner, Esquire at Boswell, Tintner, Piccola & Alford, 315 N. Front Street, P.O. Box 741, Harrisburg, PA 17108-0741 on June 29, 2007 and on Cathy J. Mills at 73 S. High Street Newville, PA 17241 and 64 W. Big Spring Avenue, Apt. 3, Newville, PA 17241 on July 2, 2007. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. GOLDBECK, McCAFFERTY & McKEEVER Date: 7/2/2007 David Fein, Esquire Attorney for Plaintiff c, o -n ` ` 1 n 7 -T i Leonard Tintner, Esquire Supreme Court I.D. #06859 Boswell, Tintner, Piccola & Alford 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (717) 236-9316 fax Attorneys for Defendant GMAC MORTGAGE CORPORATION, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-6427 CIVIL TERM BRADLEY A. MILLS and CATHY J. MILLS, DEFENDANTS : ACTION OF MORTGAGE FORECLOSURE NOTICE TO PLEAD TO: GMAC Mortgage Corporation c/o Joseph A. Goldbeck, Jr. Suite 500 Mellon Independence Center 701 Market Street Philadelphia, PA 19106 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. BOSWELL, TINTNER, PICCOLA & ALFORD 1 By: e Hard Tintner, Esquire Date: July 19, 2007 Leonard Tintner, Esquire Supreme Court I.D. #06859 Boswell, Tintner, Piccola & Alford 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (717) 236-9316 fax Attorneys for Defendant GMAC MORTGAGE CORPORATION, PLAINTIFF V. BRADLEY A. MILLS and CATHY J. MILLS, DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6427 CIVIL TERM ACTION OF MORTGAGE FORECLOSURE DEFENDANT BRADLEY A. MILLS' ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE WITH NEW MATTER AND NOW COMES THE DEFENDANT BRADLEY A. MILLS, by and through his attorneys, Leonard Tintner, and Boswell, Tintner, Piccola & Alford, and Answers the Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted in Part and Denied in Part. It is admitted that Defendant Bradley A. Mills resides at 73 S. High Street, Newville, PA. The Defendants divorced in 1994 and the property was deeded to Defendant Bradley A. Mills, in his name alone. The whereabouts of Cathy J. Mills is unknown. 3. Admitted. 4. Admitted. 5. Denied. The Defendant made his mortgage payments directly to GMAC Mortgage, in the amount of $749.02, on May 5, 2006; payments in the amount of $707.00 on June 2, 2006, July 6, 2006, July 27, 2006, and August 28, 2006. The Plaintiff accepted these funds as evidenced by the Defendant's bank records which are attached hereto and identified as Exhibit "A." Defendant also made payments for his mortgage payment on September 29, 2006 and October 27, 2006, but those two (2) payments were returned by Plaintiff. Copies of these checks are attached hereto and identified as Exhibit "B." 6. Denied. Defendant made regular monthly mortgage payments from May through July 28, 2006, which payments were accepted by Plaintiff. Defendant has no knowledge of where Plaintiff applied these funds and credit for these funds is hereby requested. Defendant also request proof of the expenses listed in Paragraph #6 with particular attention to Items listed as "Costs of suit and Title Search of $900.00"; "Late Charges of $900.00," "Property Inspection of $602.80," and "Escrow of $2,281.22." 7. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 7; the same are therefore denied and proof thereof demanded. 8. Denied. By way of further response, Defendant filed a Chapter 13 Bankruptcy on September 3, 2002, and in accordance with the Plan approved by the Bankruptcy Court, Defendant made all payments under the Plan and completed the plan satisfactory. The Chapter 13 Case was closed on November 9, 2005. Defendant made post-petition payments through October 2006. Plaintiff filed the original foreclosure action on November 3, 2006, after the payments were rejected by Plaintiff for September and October, 2006. 9. Admitted. WHEREFORE, Defendant demands that judgment for the Plaintiff be denied. NEW MATTER 10. On September 3, 2002, as aforesaid, Defendants filed a Chapter 13 Bankruptcy with the Middle District Bankruptcy Court in Harrisburg, Pennsylvania, to Case #02-4770. 11. On December 26, 2002, Plaintiff, through its attorney, filed a Proof of Claim with the Court claiming it was owed $16,937.70 in arrears on the Defendants' mortgage. This Proof of Claim was accepted by the Court and the amount listed by Plaintiff was used in the calculations of the Chapter 13 Plan. A copy of the Proof of Claim is attached hereto as Exhibit "C." 12. Under Defendants' Chapter 13 Plan, an amount of $376.15 was forwarded to Plaintiff each month from the Chapter 13 Trustee. 13. The total amount paid to the Plaintiff under the Chapter 13 Plan was $16,937.70, as evidenced by the Chapter 13 Trustee's Case Report, ending November 9, 2005. A copy of this report is attached hereto as Exhibit "D." 14. On September 26, 2006, Defendant's counsel sent a letter to the attorney for Plaintiff at the time, as well as to the Plaintiff directly, disputing this debt and demanding proof thereof. A copy of this letter is attached hereto as Exhibit "E." 15. Defendant's counsel did receive a fax note regarding a Stipulation that was purported to be agreed to among the parties. However, Defendant had no personal knowledge of the Stipulation nor was his signature on this Stipulation. Defendant also never received a payment history of this account, as requested in the September 26, 2006, letter. 16. Plaintiff, by their failure to comply with the numerous requests of Defendant, has failed to comply with the Fair Debt Collection Practices Act, by not providing Defendant with the break-down of payments made by the Defendant and initiated this lawsuit without providing the requested information to the Defendant. In particular, Defendant forwarded a letter to counsel on May 11, 2007, requesting correct mortgage payments from Plaintiff, as well as having spoke with Plaintiff's counsel and or office staff on May 16, 2007, May 29, 2007, May 31, 2007. Telephone messages were left for office staff on June 13, 2007 and July 3, 2007, again requesting information previously requested. None of the requested information had been received as of the filing of Plaintiff's Amended Complaint with the Court. 17. Defendant's counsel requests, in accordance with the Fair Debt Collection Practices Act, attorneys fees in the amount of $3,000.00, for investigating and defending this litigation which was created by Plaintiff's failure to comply with the Fair Debt Collection Practices Act. WHEREFORE, Defendant demands that judgment be entered in his favor and against the Plaintiff. RESPECTFULLY SUBMITTED, BOS ZELLNTNER, PIC O & ALFORD By: onard Tintner, Esquire Supreme Court I.D. #06859 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 DATE: July 19, 2007 GMAC MORTGAGE CORPORATION, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-6427 CIVIL TERM BRADLEY A. MILLS and CATHY J. MILLS, DEFENDANTS : ACTION OF MORTGAGE FORECLOSURE VERIFICATION I, Leonard Tintner, Esquire, hereby state that I am the attorney for Defendant Bradley A. Mills, and that said Defendant cannot make the verification to the foregoing Answer with New Matter and Counterclaim because the verification of Defendant cannot be obtained within the time necessary for this filing, and that I have been authorized to make this verification on his behalf, and that the facts set forth in the foregoing responses are true and correct based upon my personal knowledge, information furnished and my belief. I understand that my statements are made subject to 18 Pa.C.S. §4904 providing for criminal penalties for unsworn falsificati n t authority. onard Tin r, Esquire Date: July 19, 2007 10.26-2006 Checking Account Inquiry Next display: ,1,2, 20-0700-11 13:25:46 Prior Statement for: 2128519 ASOUDERI BRADLEY A MILLS Bal as of 4-09-06 307.47 73 SOUTH HIGH STREET +Dep/CR: 3 3,251.22 NEWVILLE PA 17421 -Chks/DR: 57 3,263.21 -Service charge: .00 +Interest paid: .00 Current b alance: 295.48 Pst Dt 8 Eff Dt „ 050406 „ 050506 „ 050506 „ 050506 050506 Serial Number TC Description 661 058 GMAC MTG CORP Amount Sub str/Riln /Rav /Seq# 749.02- Balance Bottom F3=Exit F8=Recent trans F16=Print research stmt F11=Fold/unfold F13=Inquiry window F15=Restart F24=More keys Nabonal Ranh, Newdle, . T_-e_1(Rr - OA y 10-26-2006 13:25:32 BRADLEY A MILLS 73 SOUTH HIGH STREET NEWVILLE PA 17421 Checking Account Inquiry Next display: ,1,2, 20-0700-11 Prior Statement for: 2128519 ASOUDERI Bal as of 5-07-06 295.48 +Dep/CR: 2 2,284.17 -Chks/DR: 37 2,185.68 -Service charge: .00 +Interest paid: .00 Current balance: 393.97 Pst Dt Serial Number TC Description Amount Sub Balance S Eff Dt Str/Run/Bat/Sc-4 053106 - 053106 053106 060106 060106 „ 060206 677 058 GMAC MTG CORP 060206 707.00- Bottom I F3=Exit F8=Recent trans F16=Print research stmt F11=Fold/unfold F13=Inquiry window F15=Restart F24=More keys the rat.-,=f ees Nafianal Ban Newiltee Pa. : r ; 10-26-2006 Checking Account Inquiry Next display: ,12, 20-0700-11 13;25:21 Prior Statement for: 2128519 ASOUDERI BRADLEY A MILLS Bal as of 6-04-06 393.97 73 SOUTH HIGH STREET +Dep/CR: 3 4,098.01 NEWVILLE PA 17421 -Chks/DR: 59 3,085.39 -Service charge: .00 +Interest paid: .00 Current b alance: 1,406.59 Pst Dt Serial Number TC Description Amount Sub Balance 8 Eff Dt Str/Run/Bat/Seq# „ 063006 „ 063006 _ 070306 --- =T 070306 - - „ 070306 070306 070306 -- - - -- - - „ 070606 691 058 GMAC MTG CORP 707.00- ric?re .. . F3=Exit F8=Recent trans F16=Print research stmt F11=Fold/unfol d F13=Inquiry window F15=Restart F24=More keys he Formers Nabona! Bark, Nefsai+sll6-s P)` 17241 '10-26-2006 Checking Account Inquiry Next display: ,1,2, 20-0700-11 13:25:,06 Prior Statement for: 2128519 ASOUDERI BRADLEY A MILLS Bal as of 7-09-06 1,406.59 73 SOUTH HIGH STREET +Dep/CR: 3 3,094.26 NEWVILLE PA 17421 -Chks/DR: 57 2,835.18 -Service charge: .00 +Interest paid: .00 Current b alance: 1,665.67 Pst Dt Serial Number TC Description Amount Sub Balance R Eff Dt Str/Run/Bat/Seq# „ 072706 712 058 GMAC MTG CORP 707.00- 924.61 072706 „ 072706 072706 072706 072706 072806 --- .._., .., „ 072806 558.84 More... F3=Exit F8=Recent trans F16=Print research stmt F11=Fold/unfold F13=Inquiry window F15=Restart F24=More keys the Fees National Banik, ativille, P& 1-7241 10-26-2006 Checking Account Inquiry Next display: ,1,2, 20-0700-11 13:24:43 Prior Statement for: 2128519 ASOUDERI BRADLEY A MILLS Bal as of 8-06-06 1,665.67 73 SOUTH HIGH STREET +Dep/CR: 2 2,557.51 NEWVILLE PA 17421 -Chks/DR: 80 3,682.85 -Service charge: 2.00 +Interest paid: .00 Current b alance: 538.33 Pst Dt % Eff Dt 082806 „ 082806 082806 082806 „ 082806 „ 083006 083006 083006 Serial Number TC Description Amount Sub Balance Str/Run/Bat/Seq# 731 058 GMAC MTG CORP 707.00- ' 449.24 More... F3=Exit F8=Recent trans F16=Print research stmt F11=Fold/unfold F13=Inquiry window F15=Restart F24=More keys %, it 17241? to GAC Mortgage ??JS 3451 Hammond Ave ' i ? 3 P.O. Box 780 Waterloo, IA 50704-0780 l 1 10/05/06 BRADLEY A. MILLS CATHY J. MILLS 1 {p 73 S HIGH ST _ Lv 1 241 NEWVII.LE PA 17 RE: Account Number 0306083904 73 S HIGH ST PA 17241 NEWVILLE Aj Dear BRADLEY A. MILLS CATHY J. MILLS find personal chekc number 752 in the amount of $707.00. These funds are being Enclosed please P returxted to you for the following reasons: This represents partial one of six installments be alternatives available to rhelp RX11 account is due for 05101/06. There may resolve the delinquency on your home. Please complete the enclosed financial form and return it to our office or ca11800-850-4622. 1111 BRADLEY A. MILLS 73.5OUTH HIGH STREET NEVWILLE, PA 17241 PAY TO THE ORDEROF_ .E Our records show payments on your account are required to be paid by money orders, cashier's checks, or personal certified funds. This means checks which have been certified at your local bank. d to ryou epayment because they do not represent the These funds are being returne agreed-upon amount of the repay plan. h' account. ?k_ "v 752 60-994/313 9 g / BRANCH BI CF DATE l"y t? COLNTY NA 10NAL BANK GETFYSBURG,- SYLVANIA FOR '1::03 1309945/ 21 x185 Loa4t .:. POLLAPS 0 ?52 n t ><s payoff will need pr that purpose. ?e collateral for i GMAC Mortgage 3451 Hammond Ave P.O. Box 780 Waterloo, IA 50704-0780 11/02/06 BRADLEY A. MILLS CATHY J. MILLS 73 S HIGH ST NEWVILLE PA 17241 RE: Account Number 0306083904 Property Address 73 S HIGH ST NEWVILLE PA 17241 Dear BRADLEY A. MILLS CATHY J. MILLS PLEASE BE ADVISED THAT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Enclosed please find personal check 766 in the amount of $715.03. These funds do not represent the full amount due to reinstate your account at this time. Your account has been transferred to our attorney to begin foreclosure proceedings. Additional fees and costs have incurred. If it is your intent to reinstate your account in full, please contact the attorney below for the reinstatement amounts. Only the correct amount in the form of certified funds will be acceptable. Goldbeck McCafferty & McKeever Suite 5000 701 Market St Philadelphia PA 19106 999-999-9999 If you cannot afford to reinstate your mortgage, there may be alternatives available to help you avoid foreclosure. Contact the Loss Mitigation Department at GMAC Mortgage immediately at 800-850-4622 to discuss these options. BRatfiI,EY A MILLS 0 'r1440j rP8E-r RVVC/ILLE, PA 17241 'lDii F n If?l1 r? _ n- 766 B6RANCH 81 CF a-? --- ------------- UATV 610 (Official Form 10) l??• 11!92) United States Bankruptcy Court MIDDLE District of PENNSYLVANIA In re (Name of Debtor) Bradley A. Mills Cathy J. Mills NOTE: This form should not be used to make a claim for an administrative expense arising after the commencement of the case. A "request" of payment of an administrative expense may be filed pursuant to 11 U.S.C § 503. Name of Creditor (The person or other entity to whom the debtor owes money or property) GMAC MORTGAGE CORPORATION OF PA Name and Addresses Where Notices Should be Sent Kisha Walker GMAC MORTGAGE CORPORATION OF PA 3451 HAMMOND AVENUE P.O. BOX 780 WATERLOO, IA 50702-0780 Telephone No. 319-236-4737 _ ACCOUNT OR OTHER NUM. BY WHICH CREDITOR INDENTIFIES DEBTOR: 306083904 1. BASIS FOR CLAIM U Goods sold U Services performed f9 Money loaned ? Personal injurytwaongful death 171 Taxes ? Other (Describe briefly) PROOF OF CLAIM Case Number 02-04770 JJT rl Check box if you are aware that anyone also has filed a proof of claim relating to your claim. Attach copy of statement giving particulars. n Check box If you have never received any notices from the bankruptcy court in this case. n Check box it the address differs from the address on the envelope sent to you by the court. THIS SPACE IS FOR COURT USE ONLY Check here if this claim: ? replaces previously 19amends a filed claim. dated: 0 9 / 2 0 /.0.2 ? Retiree benefits as defined in 11 U.S.C. § 1114(a) ? Wages, salaries, and compensations (Fill out below) Your social security number Unpaid compensations for services performed from to (date) . ___ (date) 2 DATE DEBT WAS INCURRED: 3. IF COURT JUDGEMENT, DATE OBTAINED: 07/28/98 02/28/02 4. CLASSIFICATION OF CLAIM. Under the Bankruptcy Code all claims are classified as one or more of the following: (1) Unsecured nonpriority, (2) Unsecured Pdortty, (3) Secured, it Is possible for part of a claim to be in one category and part in another. CHECK THE APPROPRIATE BOX OR BOXES that best describe your claim and STATE THE AMOUNT OF THE CLAIM AT TIME CASE FILED, ff SECURED CLAIM $ $96,450.75 Attach evidence of perfection of security Interest Brief Description of Collateral: t11 Real Estate ? Motor Vehicle ? Other (Describe briefly) Amount of arrearage and other charges at time case filed included in secured claim above, if any $ $16 , 9 3 7.7 0 C UNSECURED NONPRIORITY CLAIM $ A claim Is unsecured if there is no collateral or lien on property of the debtor securing the claim or to the extent that the value of such property is less than the amount of the claim. 5. TOTAL AMOUNT OF CLAIM AT TIME $ CASE FILED: rl UNSECURED PRIORITY CLAIM $ Specify the priority of the claim. ? Wages, salaries, or commissions (up to $2000, earned not more than 90 days before filing of the bankruptcy petition or cessation of the debtor's business, whichever is earlier)-11 U.S.C. § 507(a)(3) ? Contributions to an employee benefit plan-11 U.S.C. § 507(a)(4) ? Up to $900 of deposits toward purchase, lease, or rental of property or services for personal, family, or household use--11 U.S.C. § 507(a)(6) fl Taxes or penalties of govermental units-11 U.S.C. § 507(x)(7) U Other-Specify applicable paragraph of 11 U.S.C. § 607(a) $6,450.75 $ $96,450.75 (Unsecured) (Secured) -- $ (Priority) __ _. otal - - Check this box if claim Includes charges in addition to the principal amount of the claim. Attach itemized statement of all additional charges. e. CREDITS AND SETOFFS: The amount of all payments on this claim has been credited and deducted for the purpose THIS SPACE IS FOR of making this proof of claim. In filing this claim, claimant has deducted all amounts that claimant owes to debtor. ` 7. SUPPORTING DOCUMENTS: Attach copies of supporting documents, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, court judgements, or evidence of security Interests. If the documents are not available, explain, If the documents are voluminous, attach a summary. a. TIME-STAMPED COPY: To receive an acknowledgment of the filling of your claim, enclose a stamped, self-addressed evelope and copy of this proof of claim. Date Sig print the name and title, if any, a creditor or other person #Aqd a to file this claim (attach co r of attorney, if any) 12/20/02 -r - v.pX? F nand Phelan, With T. Roman , Esquire _ 7 Ohm F, Kennedy Boulevard. Sufte. 00, O. Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment Produced by P.O.C. TM a product of Creditors Software Incorporated. ""'1?X1FiRiS3URG (?- PA ?! r 2 6 2002 Clerk, US. Bankruptcy Court 2 and 3571 ,0 ?1121cvvo ii:jv nn rn,.n: rar-rro-vvri vodys n.ldebway ?i.rca iv: 43001o r+wr.: vv3 yr vvu 91 1 cm!.tCS 3 . Dtrtti4rt, 111 PAU 1 1iez Am CAS1< REPORT iRm 0910312002 i0 11109/2005 CAZ 9 1OZX770 8RAl31.tY A d CAW J 91tkS ATTOR1U. PET FILED 0911€33i2f232 E JAWS K. J WS, E513UtRE PLO FILM 09103/2A02 STATUS ? 73 3/11/1;1 ST MOM RATE 1sT TI94 1$/1712 Tit g. VIP K Z.15 1i181att.i.i PA 172-41 0401t9334220.n. OATF tOYttMED 0312 IM TRWEE tmP 2.15 DANE C"M 11/ oWm RON K 815-OD PONER Y14110 1 BHT KAN 0,00 3434 SAL 010 UNVIST FORRAR13 0.00 DATE Am"t DATE Am4St1 DATE A19(1lNr? DATE Apow DATE AJOXT DATE AMGAT fAi30i02 1115.00 11107102 -815.88 11119102 835,00 12110102 376.15 11it1OM 37$.15 01!07103 376.15 01J2fI03 376.15 02105/03 375.15 OZraM 375,15 01051/33 376,15 0117/07 375,15 04/11/!//3 376;15 04115/03 376.15 04/24/03 376.11 05112 83 376.15 051VIC3 376.15 06110.1W 376.15 16123{05 3'16.15 07/06/13 376,15 07mi03 376.15 118/ /1;3 37'6.15 OS/Z/1;3 316.15 09/02x/03 31"6.15 091t5/03 376.15 to/Otto; 376,15 10115/03 370.15 1';126103 37405 11110143 376.15 11/25103 376,15 IV09M. 376,15 4 i M. 374.15.. 01107104.. 37/1.15 01J71104. '37//.15 021031.04. 376.15 0211$x04 376.15 f33/Q2/01, "6,15 0116104 576.15 03OWN 376.13 04113104 376.15 0+4128104 376.93 0511110+4 376.15 05325104 376.15 DOW/04 376.15 05121/06 376.15 GT109/C4 575.15 O7/FS/£? 376.15 i$$/05/f,14 375.15 OB/1o'fid. 3115.15 09/011/11- 376,15 09115/04 376,15 4012x1104 376.15 10114104 376.15 1027104 376.15 111101SW 3?6-15 11/ 104 376.18 12/49134 3R.IS 12121/04 376.15 1111C410 M.15 SI119i0; 376.15 02/02105 376.13 02/ 14,105 376.15 03/03105 376.15 03/1410 376.15 0313131US 3+'@.15 tl?if ififO:s $76.15 ?r +1% 376.15 M1161M 376.1ss 05/3'11/GS 37€.15 C. 0105 1,76.15 06121105 37'ir.15 011[7105 316.15 Wn/05 376,1•.5 00103/05 376.15 AO/TT/05 376.15 0O130(OS 3735.13 011410 316.15 0127105 375.15 10/13105 376,1; WWI* 375.15 Ctm Card Rama Ct Pr "d Per FtiD AW Sth t FrV AW 0u* nT Et id AM? PA1d battlince ASS.I ftid St 00 JAMES K. JW 09 12 0.00 1,70.0.04 1,70G.00 0.0 11704.00 0.00 1,M.W 0.00 0,0 2 001 IRTt REV 02 13 0.00 2, 59.22 2,259.x: 4,8 21259.9/ 0140 21259.92 0.00 0,00 2 002 GlIN1xt1R>AxOs t: 02 13 0.00 412:.80 0100 D.0 O.iv O.m 0.00 (x.W 0.00 2 be L,4 umin, On 030 Wtt3f 02 13 0.00 1,100.00 0400 0.0 0.00 0.% 0100 O.DO 0.00 . 2. r4 > 00 Aat4 taxes 101 AmIOAx9 Go 011 24 0,.00 2,609.77 0.00 0.0 0.Ek3 0.00 0.00 0.013 0.40+7 2 1112 CMIONWALTH 01 13 O.w 924-10 1xu.19 010 424.19 4.? 924.19 0.00 0.00 2 103 OIAC xx11R W. 41 24 O.:tka 966430.75 pi , 0.0 14,5x37.781 0.xo 16,437.70 0.00 0100 d t .....y APtUr S 201 ` T Sort 03 33 0..m 90x.34 "L30 010 90"2.3/1 0.00 nalr, 50.33 0.00 1 .201 IRT1 RN4 AIR 03 3.3 07.11,' 2,60,2k 4034 0.0 409.30 x0:01- 180:97 228:5 0,00 - 2133.Wlkit V19A 03 33 0 00 3,2 .23 3,"et'?,.23 0.0 3,2€X..8 0. 1,416.78 1,78.7.45 0.00 1 904 PORVOLIO At 03 33 0-Eo 03,$& 653,a4 0.0 853.85 0-00 2ft.ili 364. ?A 0,00 1 215 ReSuR f14T CA 03 33 O.00 3,096.13 3,096.13 0.0 3,0922.13 0.00 1,'388.48 1,727.15 0,00 1 206 bI tW 141 kOl 03 33 5.00 2,!';x1.36 2,164.36 0.0 2,' 64.31. 0.08 1 x045.42 1,318.94 0.07 1 201 bw Tw 03 33 0.00 1163.77 11531.77 Ti.O 40,77 G,CfO M.06 256.71 01011 1 2130 009 TON. 03 33 O.€ 32..36 32.36 C.0 33.36 0.00 14.13 18.21 0600 209 AXYS Mt)ONA 03 33 11.00 945123 945.23 0.6 945.23 0.00 /:17.94 527,29 0.00 1 240 TH AWR 03 33 6.z911. W.13 W.I1 0.0 127.13 0.M, 100.% 126.39 0. out 2t1 5PROC1 m 33 0400 MAO 115.W 11.11 115.44 0.00 50.79 464,61 O.D8 1 2t2 itAST fiMLL 173 'n 0.00 1,30,69 1,309lo 10.0 1.30=r &9 Ora 519.1{3 MAO -1.0 713 aptT.A. ONE. 033 0.00 803.42 803.32 0.0 8/#3.32 0.00 .333.19 448.33 O.c1G 999 **00 Ey 6 05 "1 0.0 11'.DO 92.4t'> 0.C 82.40 0.00 WAD 0.41? 7.70 2 1'11 41£: .. ....... $6,431.29 36,431.29 0. C. 28,327.10 6,104.04 O.OD BOSWELL, TINTNER, PICCOLA & ALFORD COUNSELORS AT LAW 315 NORTH FRONT STREET P.O. Box 741 HARRISBURG, PA 17108-0741 LEONARD TINTNER JEFFREY E. PICCOLA 1717) 236-9377 JEFFREY R. BOSWELL FAX (717) 236-9316 BRIGID O. ALFORD btpa@att.net G. EDWARD SCHWEIKERT, IV September 26, 2006 Jay Jones, Esquire Supervising Attorney - Bankruptcy Dept. Federman & Phelan One Penn Center 1617 JFK Blvd. Suite 1400 Philadelphia, PA 19103-1834 WILLIAM D. BOSWELL (1943-1999) RE: GMAC Mortgage Corporation of Pa Debtors - Bradley A. Mills & Cathy A. Mills Real Estate located at 73 S. High Street Newville, Pennsylvania 17241 Dear Attorney Jones: Please be advised that I represent Bradley A. Mills. Mr. Mills has informed me that your client, GMAC Mortgage Corporation, has forwarded him an Act 91 letter. To refresh your memory, Bradley Mills and his ex-wife, Cathy Mills, filed a Chapter 13 Bankruptcy in 2002, to Case #02-04770 JJT. Judith T. Romano, on behalf of your firm, filed a Proof of Claim on September 26, 2002, claiming your client was owed $18,387.07 in arrears on the mortgage. My client, through his bankruptcy attorney, James Jones, objected to that Proof of Claim. On December 26, 2002, Attorney Romano filed an amended Proof of Claim of $16,937.70. This figure was incorporated into the Chapter 13 Plan and was approved by the Court for payment to your client. Copies of the two Proofs of Claim are enclosed. The Chapter 13 Trustee, Charles J. DeHart, III, paid your client the total sum of $16,937.70. I am enclosing herewith a copy of the Case Report which reflect the amount paid directly to your client. Your client is now stating that the arrears owed at the time of the bankruptcy was $22,068.40 and not the $16,937.70 that was listed on the Amended Proof of Claim, filed with the Court and approved by the Court. My client continued to make his post-petition payments directly to your client, and did not miss a payment. In the Act 91 letter forwarded by your client, it claims that they are owed $7,984.38. We strongly disagree with this figure. The latest mortgage payment indicates that my client owes a for the April 1, 2006 payment through to the present date. How can that be? Mr. Mills has not Jay Jones, Esquire Page 2 September 26, 2006 missed a payment; it appears that your client was applying current mortgage payments to arrears that we strongly disagree are owed, as evidenced by the amount paid to your client under the Chapter 13 Plan. I am also enclosing copies of the letters sent to my client. This letter advises that we are disputing this debt and under the Fair Debt Collection Act, proof of the entire amount due and owing is now demanded. This would also including an accounting of how the Chapter 13 payments were applied. Mr. Mills has been advised that he should continue to make his regular monthly mortgage payments directly to GMAC. By copy of this letter, I am also advising GMAC of our dispute of the debt, as well as the United States Bankruptcy Trustee as we believe your client is in violation of the terms of the Bankruptcy Code by now stating that the original arrearage amount was $22,068.40. Your prompt attention to this matter is appreciated. If you have any questions, please feel free to contact me or my paralegal, Denise Foster, at extension 123. I await your reply. LT/dlf enclosures cc: GMAC Mortgage Corporation United States Trustee's Office Bradley Mills CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant Mills' Answer to Complaint with New Matter, by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Joseph A. Goldbeck, Esquire Goldbeck, McCafferty & McKeever 701 Market Street Suite 5000 Mellon Independence Center Philadelp9106 By: LeJA?T7" Denise L. Foster, Paralegal Date: July 19, 2007 c: _ n ;:7 GO)L,DBECK McCAFFERTY & McKEEVER Professional Corporation By: Thomas I. Puleo, Esquire Attorney I.D. # 27615 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 VS. BRADLEY A. MILLS and CATHY J. MILLS Mortgagors and Record Owners 73 S High Street Newville, PA 17241 Term No. 06-6427 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, by and through its undersigned counsel, hereby responds to Defendant, Bradley A. Mills', New Matter as follows: 10. The averments of paragraph ten (10) are Admitted. 11. Denied. The averments of paragraph eleven (11) refer to a document which is in writing and speaks for itself. Any characterization thereof is therefore denied. 12. Denied. Plaintiff received pre-petition money from the trustee almost every month with the last pre-petition payment on August 16, 2005. The payments were not sent in the amount of $376.15; the pre-petition payments received varied n amount from month to month. 13. Denied. The averments of paragraph thirteen (13) refer to a document which is in writing and speaks for itself. Any characterization thereof is therefore denied. 14. Denied. The averments of paragraph eleven (11) refer to a document which is in writing and speaks for itself. Any characterization thereof is therefore denied. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 15. Denied. Plaintiff has no record of sending a Stipulation to Defendants counsel for execution and therefore denies the same. 16. Denied. The averments of this paragraph sixteen (16) state a conclusion of law to which no response is required. Without waiver of the foregoing, Defendants letter of May 11, 2007 does not request the information as characterized by the averments contained in the paragraph. A true and correct copy of opposing counsel's letter dated May 11, 2007 is attached hereto as Exhibit "A". Furthermore, return telephone calls were made to opposing counsel's paralegal from Plaintiff's counsel's office on May 31, 2007 and on June 14, 2007 and the loan history was forwarded to Defendant's Counsel on July 16, 2007 in response to their message of July 3, 2007. 17. Denied. The averments in paragraph seventeen (17) are conclusions of law to which no response is necessary. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant as prayed for in Plaintiffs Complaint. Attorney for EXHIBIT "A 99 BOSWELL, T nNER, PICCOLA & ALFORD COUNSELORS AT LAW LEONARD TINTNER JEFFREY E. PICCOLA JEFFREY R. BOSWELL BRIGID 0. ALFORD KEVIN D. GILLESPE 315 NORTH FRONT STAW P.O. BOX 741 1'HAtsmap, PA I7ia8-0741 17171 236-9377 FAX 0171 236-9316 bt OSU.net May 11, 2007 WILLIAM D. BOSWELL (1943-1999H David Fein, Esquire Goldbeck, McCafferty & McKeever Mellon Independence Center 701 Market Street Suite 5000 Philadelphia, PA 19106 Dear Mr. Fein: RE. GMAC Mortgage Y. Mills #06-6427 Civil Terre Cumberland County Please find enclosed a time-stamped copy of Defendant Mills' Response & Objection to your Motion to Amend Complaint. We have contacted your office on several occasions to discuss our position of the amount due and owing on Mr. Mills' mortgage. As of this date, we have yet to receive any response to those attempts at settlement. If you would like to discuss our position regarding this matter, please feel free to contact me at extension 123. Sincerely, TINTNER, PICCOLA - =&R D I ?? . Denise L. Foster, Paralegal enclosure VERIFICATION THOMAS I. PULED, ESQUIRE hereby states that he is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Plaintiff s Reply to Defendant, Bradley A. Mills' New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. ?h4w, Thorn/as I. Puleo, quire Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER A'Professional Corporation By: Thomas I. Puleo, Esquire Attorney I.D. # 2715 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 VS. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY BRADLEY A. MILLS and CATHY J. MILLS Mortgagors and Record Owners 73 S High Street Newville, PA 17241 CERTIFICATION OF SERVICE Term No. 06-6427 I hereby certify that a true and correct copy of Plaintiff's Reply to Defendant, Bradley A. Mills' New Matter was sent by first class mail, postage pre-paid, upon the following on the date listed below: Boswell, Tintner, Piccola & Alford Leonard Tintner, Esquire 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 CATHY J. MILLS 73 S High Street Newville, PA 17241 GOLDBECK, CAFFERTY & EVER Date: Thomas I. Puleo, Esqui Attorney for Plaintiff r. ? I r GOLDBECK McCAFFERTY & McKEEVER BY: DAVID FEIN, ESQUIRE Attorney I.D. #82628 Suite 5000 - Mellon Independence Center 701 S. Market Street Philadelphia, PA 19106 215-627-1322 GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 VS. BRADLEY A. MILLS and CATHY J. MILLS Mortgagors and Record Owners 73 S High Street Newville, PA 17241 AFFIDAVIT OF SERVICE Term No. 06-6427 I hereby certify that a true and correct copy of Plaintiff's Response to Defendants' Interrogatories was sent by first class mail, postage pre-paid, upon the following on the date listed below: BOSWELL, TINTNER, PICCOLA & ALFORD Cathy J. Mills Leonard Tintner, Esquire 64 Big Spring Avenue, Apt. 3 315 N. Front Street Newville, PA 17241 P.O. Box 741 Harrisburg, PA 17108-0741 The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. GOLDBECK McCAFFERTY & McKEEVER By:"Z3 David Fein, Esquire Attorney for Plaintiff ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY C) ?? -- r --? ?.:w ?''' ; .? - ,-+ ? ?, ?? ?? GOLDBECK McCAFFERTY & McKEEVER BY: THOMAS I. PULEO, ESQUIRE Attorney I.D. #27615 Suite 5000 - Mellon Independence Center 701 Market Street ATTORNEY FOR PLAINTIFF Philadelphia, PA 19106 215-627-1322 GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 VS. BRADLEY A. MILLS and CATHY J. MILLS Mortgagors and Record Owners 73 S High Street Newville, PA 17241 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 06-6427 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, this Plaintiff moves this Court for Summary Judgment in accordance with Pennsylvania Rule of Civil Procedure No. 1035.1 et seq. for the following reasons: 1. Plaintiff is GMAC MORTGAGE CORPORATION (hereinafter "Plaintiff"). 2. Defendants are BRADLEY A. MILLS and CATHY J. MILLS (hereinafter "Defendants"). 3. Plaintiff filed its Complaint in mortgage foreclosure on November 03, 2006. A true and correct copy of the Complaint is attached hereto as Exhibit A. 4. Defendant, Bradley A. Mills, filed an Answer with New Matter on or about July 19, 2007, which does not raise any issue of material fact. Plaintiff has replied to the New Matter. True and correct copies of the Answer with New Matter and Reply to New Matter are attached hereto as Exhibits B and C, respectively. 5. Plaintiff has attached an Affidavit to the instant Motion that avers all facts necessary to prove a prima facie case in mortgage foreclosure and that corroborates the facts as plead in Plaintiff s Complaint. See Plaintiffs attached Affidavit and Memorandum of Law. WHEREFORE, Plaintiff moves for Summary Judgment in its favor. Respectfully submitted, GOLDBECK MCCAFFERTY & MCKEEVER HOMAS I. PU EO, ESQUIRE ATTORNEY FOR PLAINTIFF GOLDBECK McCAFFERTY & McKEEVER BY: David Fein, Esquire Attorney I.D.#82628 Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 VS. IN THE COURT OF COMMON PLEAS BRADLEY A. MILLS and CATHY J. MILLS Mortgagors and Record Owners 73 S High Street Newville, PA 17241 OF Cumberland COUNTY Term No. 06-6427 AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT being duly sworn according to law, deposes and says: 1. I am the ;4 L ?, vIsa for and representative of Plaintiff. I am authorized to make and do make this affidavit on behalf of Plaintiff; and that the facts set forth in the foregoing Motion for Summary Judgment are true and correct to the best of my knowledge, information and belief. 2. I have personal knowledge of the matters referred to in Plaintiffs Motion and as set forth below, I make this affidavit in support of Plaintiffs Motion for Summary Judgment, that the facts set forth below are admissible in evidence and I am competent to testify to the matters stated herein. 3. The Defendants, BRADLEY A. MILLS and CATHY J. MILLS, made, executed and delivered a Mortgage upon the premises, 73 S High Street, Newville, PA 17241, on July 28, 1998 to ACCUBANC MORTGAGE CORPORATION. 4. The mortgage is held by Plaintiff. The mortgage was assigned to GMAC MORTGAGE CORPORATION by Assignment of Mortgage. 5. The Mortgage is in default because monthly payments of principal and interest due May 01, 2006 and each month thereafter are due and unpaid. At no time from May 01, 2006 to the present have the Defendants tendered the amount of payments required to bring the Mortgage current and I have at all times been willing to accept same. 6. Notice of Intention to Foreclose and a Notice of Homeowners Emergency Mortgage Assistance has been sent to Defendants by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the dates set forth in the true and correct copy of such notices attached hereto as Exhibit B to Plaintiff s Complaint. The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. 7. The amounts due and owing on the mortgage in question as of the filing of the Complaint are as follows: Principal Balance $75,314.44 Interest from 04/01/2006 $3,201.44 through 10/31/2006 at 7.2500% Per Diem interest rate at $14.96 Reasonable Attorney s Fee at 5% of Principal Balance $3,765.72 Late Charges from 05/01/2006 to 10/31/2006 $179.52 Monthly late charge amount at $29.92 Costs of suit and Title Search $900.00 Escrow $259.91 Corporate Advance $4,332.92 Fees $542.80 Expense Advances $3,790.12 Monthly Escrow amount $177.72 $92,286.87 I hereby verify that any exhibits attached hereto are true and correct copies of the originals and I declare all of the foregoing to SWORN TO AND SUBSCRIBED: before me this 3 day: Of , 2007: Notary bli ;-W pENNSYLVANIA C "Nw Sew LyMh. NoWY t c mwjawory County wantom d E Nw. 3.2010 Member Mry1v? gee ,-,- d Np?ules GOLDBECK McCAFFERTY & McKEEVER BY: THOMAS I. PULEO, ESQUIRE Attorney I.D. #27615 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 VS. BRADLEY A. MILLS and CATHY J. MILLS Mortgagors and Record Owners 73 S High Street Newville, PA 17241 Term No. 06-6427 PLAINTIFF'S MEIV-RANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 1. PROCEDURAL III This is an Action of Mortgage Foreclosure brought against the Defendants who are the Mortgagors and Real Owners of the real property located at 73 S High Street, Newville, PA 17241 ("Property"). Plaintiff filed a Complaint and Defendant, Bradley A. Mills, filed an Answer and New Matter. Plaintiff has replied to the New Matter and now moves for Summary Judgment. This memorandum is offered in support of the Motion. H. LEGAL ARGUMENT Summary judgment is governed by Pa.R.C.P. 1035.1 et. sM., Pa.R.C.P. 1035.2 provides that "After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment...." Summary judgment is appropriate to be entered: (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense..." Pa.R.C.P. 1035.2(1). Pa.R.C.P. No. 1141 notes that the foregoing assumpsit rule shall apply to Actions of Mortgage Foreclosure. Pa.R.C.P. 1035.2(2) requires the party who opposes the motion to provide the Court, in response to the motion, with "...evidence of facts essential to the ... defense which, in a jury trial, IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY would require the issues to be submitted to a jury." Specifically, Pa.R.C.P. 1035.3 states, in pertinent part: (a) The adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifying (1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion or from a challenge to the credibility of one or more witnesses testifying in support of the motion... Plaintiff has included an affidavit in support of its Motion for Summary Judgment, pursuant to Pa. R. C. P. 1035.4, which states in relevant part: Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the signer is competent to testify to the matters stated therein. Verified or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. The only issue before the Court is whether Defendant's Answer raises any legal or factual issue, which provides a basis for denying Plaintiff its request for summary judgment. Plaintiff respectfully suggests it does not. Defendant admits paragraphs 1, 3 and 4 of the Complaint, specifically the identity of the Plaintiff, the making, execution, delivery, recordation and assignment of the mortgage in question and the legal description of the Property. In paragraph 2 of the Answer, Defendant denies that Cathy J. Mills resides at the Property. She has not responded to the Complaint. Plaintiff will stipulate that Defendant no longer resides at the Property. However, Plaintiff specifically notes that Defendant failed to notify Plaintiff of any change in her mailing address. As such, her last known address at all times relevant to this action was the property address. Paragraphs 5 and 6 of the Complaint contain the specific averments of default and amounts due and owing upon the mortgage required to be averred in actions of mortgage foreclosure as set forth in Pa.R.C.P. No. 1147(4) and (5). Defendant disputes the amount owed and avers that he has made five (5) payments since May 2006, specifically May 5, 2006 ($749.02), June 2, 2006, July 6, 2006, July 27, 2006, and August 28, 2006 ($707.00 each). However, Defendant does not address the failure to make payments prior thereto, which created the delinquency. As can be seen from the attached payment history marked hereto as Exhibit 'T", the said payments were received and applied to the outstanding installments due for the months of December 2005 through April 2006, still leaving the loan due for May 2006. While Defendant states in paragraph 8 of his Answer as well as his New Matter that he had successfully completed a Chapter 13 Bankruptcy Plain by making all payments under the plan, a total of $16,937.70, these payments represent the pre-petition arrearage or default as of the date of his bankruptcy filing on September 3, 2002, and he does not address the issue of his continuing obligation to make all post-petition mortgage payments. It is the failure to make these payments, which led to the delinquency, not the Chapter 13 Plan payments. Thus, Plaintiff respectfully suggests this Honorable Court should conclude, based upon the deemed admissions of the Defendant and the verified facts of Plaintiff in its affidavit in support of its Motion, that Plaintiff is entitled to summary judgment. Defendant, contrary to his unsupported allegation in paragraph 5 of his response, has never offered the total amount necessary to reinstate the mortgage. Plaintiff would gladly accept full reinstatement under the mortgage, as it is likely to suffer a loss if this litigation continues. Moreover, as this is a conventional loan, Plaintiff is under no legal duty to accept less than the full arrears unless settlement negotiations led to a new contract. Once the entire loan is accelerated, partial payments cannot cure the default. The Ministers and Missionaries Benefit Board etc vs. Goldsworthy, 385 A.2d 358 (Pa. Super. 1977). Defendant's general denials that the damages are incorrectly calculated is not a basis to deny Plaintiff judgment as a matter of law. Default in an action of mortgage foreclosure is an absolute. Once default under the terms of the mortgage has been established, the court must enter judgment in favor of the holder of the mortgage. The question of accounting is saved for another day, specifically, after a Sheriffs Sale of the Property. The Supreme Court of Pennsylvania held in Landau vs. Western Pennsylvania National Bank, 445 Pa. 217,282 A.2d. 335 (1971): The mortgagors are unquestionably entitled to an accounting, but that accounting is not due until the property is sold at Sheriffs Sale and distribution of the proceeds is made. Judgment in mortgage foreclosure action must be entered for a sum certain or no execution could ever issue on it. 445 Pa. at 226, 282 A.d. at 335. This Supreme Court decision directs a court to enter summary judgment in favor of the plaintiff/mortgagee where the defendant/mortgagor admits the default upon the mortgage. Landau vs. W. Pa. Nat. Bank. 455, Pa. 217, 255-266, 282 A. 2d 335, 340 (1971). Pennsylvania Courts have long and repeatedly upheld the reasonableness and enforceability of a request in an action of mortgage foreclosure for attorney's fees equal to 5% of the principal balance of the mortgage as demanded in Plaintiffs Complaint at paragraphs 6 and 7. Robinson vs. Loomis, 51 Pa. 78 (1865); Gallia-an vs. Heath, 260 Pa. 457 (1919); Foulke vs. Hatfield Fair Grounds Bazaar. Inc., 196 Pa. Super Ct, 155 (1961); First Federal S&L Assn. vs. Street Road Shopping Center, 68 D & C 2d 751, 75 (Bucks County) (1974). Moreover, as further explained in Paragraph 7 of Plaintiffs Complaint, the attorney's fees demanded in Paragraph 6 of Plaintiffs Complaint would only be collected in the event of a third party purchaser at Sheriffs Sale. Defendant continues to have the option of paying all arrears and costs up to one hour before the Sheriffs Sale in conformity with the provisions of Act 6 in which case attorney's fees will be assessed based on work actually performed. See, Pennsylvania Act 6 of 1974, 41 P.S. Section 401 et. seg. Plaintiff is entitled to be reimbursed for its reasonable and actual attorney's fees incurred. It is respectfully suggested that should this Honorable Court find that the flat rate of 5% requested raises a genuine issue of fact, summary judgment be granted Plaintiff as to all issues except attorney's fees. Certainly, with default deemed to be admitted, it would be unfair and a waste of this Court's valuable resources to conduct a trial in this matter if the only issue of genuine fact is the demand for attorneys fees. Defendant denies paragraph 8 of the Complaint. Plaintiff submits, in paragraph 8 of its Complaint that Plaintiff is not seeking a judgment of personal liability (or in personam judgment) against the Defendants in this action but reserves its right to bring a separate action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this action of mortgage foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. Defendants admit Paragraph 9 of the Complaint that Plaintiff fully complied with Act 160 of 1998. Further, with regard to Defendant's New Matter, paragraphs 10 through 17, these allegations are concerning his bankruptcy and payments have already been discussed above. The remainder are mere conclusions and provide no basis to deny Plaintiffs Motion for Summary Judgment. Accordingly, no genuine issue of fact is raised. III. CONCLUSION All material averments of the within motion are verified in the attached signed and sworn affidavit pursuant to Pa.R.C.P. No. 1035. Defendant cannot simply rely upon the averments of the Answer to raise an issue of fact. Phaff vs. Gardner. 451 Pa. 146, 303 A2d 352 (1973). Accordingly, Defendant's answer admits all material facts, there are no issues of material fact and the Court should grant Plaintiffs Motion for Summary Judgment WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendant as prayed for in Plaintiff's Complaint. Respectfully submitted, GOLDBE CCA=TfffMkS CKEEVER BY: z, 1ho"I I. PULE , ESQUIRE ATTORNEY FOR PLAINTIFF GOLDBECK McCAFFERTY & McXEEVER BY: THOMAS I. PULEO, ESQUIRE Attorney I.D. #27615 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 VS. BRADLEY A. MILLS and CATHY J. MILLS Mortgagors and Record Owners 73 S High Street Newville, PA 17241 EXHIBIT LIST A. Complaint B. Answer with New Matter C. Reply to New Matter D. Mortgage E. Note ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 06-6427 F. Payment History EXHIBIT "{} " GOLDBECK MCCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY LD. #16k SUITE 5000 - tYD 701 N[AMM PHH,AD P 106 (215) 825-6318 W W W.GOLDBECKLAw.C OPY ATTORNEY FOR GMAC MORTGAGE CORPORATION 3451 Harnnwnd Avenue Waterloo, IA 50702 Plaintiff VS. BRADLEY A. MILLS CATHY J. MILLS Mortgagors and Real Owners 73 S High Street Newville, PA 17241 I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL FILED C• - i. / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Defendants ACTION OF MORTGAGE FORECLOSURE Term CIVIL ACTION: Mo"QAGE FOR?CLON MW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 71 • Is- ? -r, rr . :10 CUMBERLAND COUNTY BAR ASSOCIATION w 2 Liberty Avenue N i rn Carlisle, PA 17013 cn rn AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y "ISO. PARA DEFENDERSE ES NECESSARIO QUE LISTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: &LUSTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TEL$FONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 9400 I ). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 2). . 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hW.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at honeretcnt gG@& ldbeddaw tom. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of GMAC-0082. Para information en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. Resources available for Homeowners in Foreclosure COr"LAINI T AGE FORECLOSURE *"ffll 1. Plain A O U T1ON, 345111 . A TRUE AND CORRECT COPY OF 2. The names and dants are BRADLEY A. M1,'1Siii?Mewville, PA 17241 and CA , 73 igh Street, Newville, PA 17241, who are the mortgagors and real owners of the mo premises hereinafter described. 3. On July 28, 1998 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to ACCUBANC MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1472, Page 11. The mortgage has been assigned to: GMAC MORTGAGE CORPORATION by assignment of Mortgage, which is lodged for recording. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property'). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for May 01, 2006 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ....................................................................................$75,314.44 Interest from 04/01/2006 through 10/31/2006 at 7.2500°/a .... ...................$3,201.44 Per Diem interest rate at $14.96 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$3,765.72 Late Charges from 05/01/2006 to 10/31/2006 ....................... ......................$179.52 Monthly late charge amount at $29.92 Costs of suit and Title Search ................................................ ......................$900.00 Escrow .................................................................................... ......................$259.91 Corporate Advance ................................................................ ...................$4,332.92 Fees ........................................................................................ ......................$542.80 Expense Advances ................................................................. ...................$3,790.12 Monthly Escrow amount $177.72 $92,286.87 7. If the Mortgage is reinstated prior to a Sheriffs Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is Mt seeking a judgment of personal liability (or an "in personam' judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de ts' judgment in mortgage foreclosure in the sum of $92,286.87, together with interest at the rate of $14.96, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff s Sale of the Property. By; -k . QlreJVC "GOLDAECK WCAFFERTY & MCKEEVER BY: JosEPH A. GOLDBECK, JR., ESQuiRE ATTORNEY FOR PLAINTIFF u i i E VERIFICATION I, Robert Lelli, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date : I /3?of Ej.xhibitA . GOt11t#iOMY@elth CommoNwEaTN UNn 7'n, E 1?5uwWw:r: (ow-,viv POLICY NO. 032-077150 FILE NO.: P112,328 V EXHIBIT A ALL THAT CERTAIN lot or parcel of land situated in the Borough of Newville, Cumberland County, Pennsylvania, known and numbered as No. 73 South High Street, together with the improvements erected thereon as is more particularly bounded and described as follows: BEGINNING at an iron pin set in westerly line of twenty (20) foot wide alley which pin is North thirteen (13) degrees forty-seven (47) minutes fifty-eight (58) seconds West fifty (50.00) feet from an existing post which said existing post is a common corner of lands now or formerly of Kenneth Graham, lands now or formerly of Ronald N. Stouffer and lands now or formerly of H. Warren Welch; thence along line of Lot No. 3 of land subdivision for H. Warren Welch Estate, South seventy-three (73) degrees four (04) minutes sixteen (16) seconds West one hundred seventy-seven and fifty-five hundredths (177.55) feet through an iron pin set eight and three hundredths (8.03) feet from property corner to a point at easterly curbline of South High Street; thence along said curbline North sixteen (16) degrees nineteen (19) minutes twelve (12) seconds West fifty (50.00) feet to a point at corner of Lot No. 1; thence along line of Lot No. 1, north seventy-three (73) degrees five (05) minutes thirty-eight (38) seconds East one hundred seventy-nine and seventy-five hundredths (179.75) feet through an iron pin set eight and thirty hundredths (8.30) feet from property corner and through a frame garage situated partially on Lot No. 2 and partially on Lot No. 1 to an iron pin set in the westerly edge of a twenty (20) foot wide alley; thence along the westerly edge of said alley, South fourteen (14) degrees forty-seven (47) minutes fifty-eight (58) seconds Bast fifty (50.00) feet to an iron pin , the point and place of BEGINNING. BRING the same premises which Larry A. Eggs by his deed dated July 28, 1996 and about to be recorded herewith in the office of the Recorder of Deeds of Cumberland County Pennsylvania, granted and conveyed unto Bradley A. Mills and Cathy J. Hills, h/w, mortgagor herein. PL 20 ALTA Loan Policy - 1992 (Amended 10/17/92) 6 *i E,?hibit (B GMAC Mortgage Corporation 3451 Hammond Avenue Waterloo , IA 50702 Date: 09/08/06 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM 0YIM may be able to heb to save Your home. This Nod" emlains how the oretnm works. This Notice contains important legal information. H you have any questbnu, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMBRO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM," EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIMMCA. HOMEOWNER'S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: BRADLEY A MILLS 73 S HIGH ST NEWVILLE PA 17241 0306083904 GMAC Mortgage Corporation GMAC Mortgage Corporation 3451 Hammond Avenue Waterloo , IA 50702 Date: 09/08/06 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Ta& Is an of Mal notice that Me mortain on your .M Is 1 Ma_l and the to °s 12 foreclose. Snedfie Information about the nature of flee default Is urovided In tha attacited oa es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM =dM may be aide to hob to save Your home. This Notice explains how the orozram works. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVM41DO IN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO -HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM," EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: CATHY I. MILLS 73 S HIGH ST NEWVILLE PA 17241 0306083904 GMAC Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL CE WHICH 90 NAVE X= MM FROM FoncLOSURE AND HELP YOU MAXX FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1483 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to- face" meeting with one of the consumer credit counseling agencies listed at the and of this Notice. THIS MEETING Ncmc.EcALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRIM YOUR MORTGAGE UP TO DATE. CONSUMER QREDTT COUNSELING AGENCIES - If you meet with one of the consuaw credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. ne names. gddreases and tek2b= numbers of desig ated consumer credit couu wftX,awin for the county in which the phis located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your deft<ult.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Ance Program Application with one of the designated consumer credit counseling agencies listed at the and of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME EWMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTLMPT TO COLLECT THE DEBT. (If you have tiled bankruptcy you can dill apply for Emergency Mortgage Anee.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it nn to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above leader is on your property located at 73 S HIGH ST NEWVILLE PA 17241 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for tie following months and the following amounts are now past due: 05101106 through 09/01/06. See attached Exhibit for payment breakdown. Monthly Payments $ 3575.22 Late Charges $ 91.24 NSF $ 0.00 Inspections $ 527.80 Other (Default Expenses and Fees) $ 3790.12 Optional Insurance $ 0.00 Suspense $ 0.00 TOTAL AMOUNT PAST DUE: $ 7984.38 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not lapp icablc): SOW TO C= THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 7984.38, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. !Payments must be made either by cash. cashier's chock or certified check made gs" ft and sent to: GMAC Mortgage Corporation ATTN: Payment Processing 3451 Hammond Avenue Waterloo , IA 50702 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not uVikable.) Not Applicable IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the knder intends to exercise its rh&ts to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon Your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If You care the default within the THIRTY (30) DAYS period. you w111 not be reanired to pay attorney's fees. OTHER LENDER DIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. the morttaoe. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as Ryou had never defaulted. EARL Eff P-QW RU UIS SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the dater of this Notice. A notice of the actual date of the Shw&s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender: GMAC Mortgage Corporation Address: 3451 Hammond Avenue Waterloo , IA 50702 Phone Number: 800-850-4622 Fax Number: 319-236-7437 Contact Person: Collection Department EFFECT OF SNERNF'S SALE - You should realize that a Sheriffs Sale will and your owneship of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your fiunishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTAGE - You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costa are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO 13ORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 800-850-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection DepwIment Loan Servicing e 5039 EXHIBIT 05/01/06 through 09/01/06 Mo. Pmt. Amt. S 748.02 EXHIBIT "6" Leonard limner, Esquire Supreme Court I.D. 806859 Boswell, Tk*w. Piooola & Afford 315 N. From Street PO Box 741 HarrWwrq, PA 17108-0741 (717) 236-9377 (717) 235-8316 fax Attorneys for Defendant GMAC MORTGAGE CORPORATION, PLAINTIFF V. BRADLEY A. MILLS and CATHY J. MILLS DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.06-6427.CIVIL TERM ACTION OF MORTGAGE FORECLOSURE NOTICE TO PLEAD TO: GMAC Mortgage Corporation clo Joseph A. Goldbeck, Jr. Suite 5W Mellon Independence Center C:z o 701 Market Street Philadelphia, PA 19106 You are hereby notified to file a written response to the enclosed Nev?c titter-?, S gq within twenty (20) days from service hereof or a judgment may be entered agatst Ru. °' +77 BOSWELL, TINTNER, PICCOLA & ALFORD By: and rntner, Esquire Date: July 19, 2007 Leonard Tuner, Esquire Suprerne Court I.D. 006859 Boswell, Tintner, Piooola 6 Alford 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717)236-9377 (717) 236.9316 tax Attorneys for Defendant GMAC MORTGAGE CORPORATION, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-6427 CIVIL TERM BRADLEY A. MILLS and CATHY J. MILLS, DEFENDANTS : ACTION OF MORTGAGE FORECLOSURE DEFENDANT BRADLEY A. MILLS' ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE WITH NEW MATTER AND NOW COMES THE DEFENDANT BRADLEY A. MILLS, by and through his attorneys, Leonard Tintner, and Boswell, Tintner, Piccola & Alford, and Answers the Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted in Part and Denied in Part. -It is admitted that Defendant Bradley A: Mills resides at 73 S. High Street, Newville, PA. The Defendants divorced in 1994 and the property was deeded to Defendant Bradley A. Mills, in his name alone. The whereabouts of Cathy J. Mills is unknown. 3. Admitted. 4. Admitted. 5. Denied. The Defendant made his mortgage payments directly to GMAC Mortgage, in the amount of $749.02, on May 5, 2006; payments in the amount of $707.00 on June 2, 2006, July 6, 2006, July 27, 2006, and August 28, 2006. The Plaintiff accepted these funds as evidenced by the Defendant's bank records which are attached hereto and identified as Exhibit "A." Defendant also. made payments for his mortgage payment on September 29, 2006 and October 27, 2006, but those two (2) payments were returned by Plaintiff. Copies of these checks are attached hereto and identified as Exhibit "B." 6. Denied. Defendant made regular monthly mortgage payments from May through July 28, 2006, which payments were accepted by Plaintiff. Defendant has no knowledge of where Plaintiff applied these funds and credit for these funds is hereby requested. Defendant also request proof of the expenses listed in Paragraph #6 with particular attention to Items listed as "Costs of suit and Title Search of $900.00 "Late Charges of $900.00," "Property Inspection of $602.80," and "Escrow of $2,281.22." 7. Defendant is without knowledge or information sufficient to form a belief as to the truth'of the averments set forth in Paragraph 7; the same are therefore denied and proof thereof demanded. 8. Denied. By way of further response, Defendant filed a Chapter 13 Bankruptcy on September 3, 2002, and in accordance with the Plan approved by the Bankruptcy Court, Defendant made all payments under the Plan and completed the plan satisfactory. The Chapter 13 Case was closed on November 9, 2005. Defendant made post-petition payments through October 2006. Plaintiff filed the original foreclosure action on November 3, 2006, after the payments were rejected by Plaintiff for September and October, 2006. 9. Admitted. WHEREFORE, Defendant demands that judgment for the Plaintiff be denied. NEW MATTER 10. On September 3, 2002, as aforesaid, Defendants filed a Chapter 13 Bankruptcy with the Middle District Bankruptcy Court in Harrisburg, Pennsylvania, to Case #02-4770. 11. On December 26, 2002, Plaintiff, through its attorney, filed a Proof of Claim with the Court claiming it was owed $16,937.70 in arrears on the Defendants' mortgage. This Proof of Claim was accepted by the Court and the amount listed by Plaintiff was used in the calculations of the Chapter 13 Plan. A copy of the Proof of Claim is attached hereto as Exhibit "C." 12. Under Defendants' Chapter 13 Plan, an amount of $376.15 was forwarded to Plaintiff each month from the Chapter 13 Trustee. 13. The total amount paid to the Plaintiff under the Chapter 13 Plan was $16,937.70, as evidenced by the Chapter 13 Trustee's Case Report, ending November 9, 2005. A copy of this report is attached hereto as Exhibit "D." 14. On September 26, 2006, Defendant's counsel sent a letter to the attorney for Plaintiff at the time, as well as to the Plaintiff directly, disputing this debt and demanding proof thereof. A copy of this letter is attached hereto as Exhibit "E." 15. Defendant's counsel did receive a fax note regarding a Stipulation that was purported to be agreed to among the parties. However, Defendant had no personal knowledge of the Stipulation nor was his signature on this Stipulation. Defendant also never received a payment history of this account, as requested in the September 26, 2006, letter. 16. Plaintiff, by their failure to comply with the numerous requests of Defendant, has failed to comply with the Fair Debt Collection Practices Act, by not providing Defendant with the break-down of payments made by the Defendant and initiated this lawsuit without providing the requested information to the Defendant. In particular, Defendant forwarded a letter to counsel on May 11, 2007, requesting correct mortgage payments from Plaintiff, as well as having spoke with Plaintiffs counsel and or office staff on May 16, 2007, May 29, 2007, May 31, 2007. Telephone messages were left for office staff on June 13, 2007 and July 3, 2007, again requesting information previously requested. None of the requested information had been received as of the filing of Plaintiff's Amended Complaint with the Court. 17. Defendant's counsel requests, in accordance with the Fair Debt Collection Practices Act, attorneys fees in the amount of $3,000.00, for investigating and defending this litigation which was created by Plaintiffs failure to comply with the Fair Debt Collection Practices Act. WHEREFORE, Defendant demands that judgment be entered in his favor and against the Plaintiff. RESPECTFULLY SUBMITTED, BOS ELL NTNER, P'IC O & ALFORD By: 'Libnaird Tintner, Esquire Supreme Court I.D. #06859 315 N. Front StreettPO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 DATE: July 19, 2007 GMAC MORTGAGE CORPORATION, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-6427 CIVIL TERM BRADLEY A. MILLS and CATHY J. MILLS, DEFENDANTS : ACTION OF MORTGAGE FORECLOSURE "Ol'oTri1eaul I, Leonard Tintner, Esquire, hereby state that I am the attorney for Defendant Bradley A. Mills, and that said Defendant cannot make the verification to the foregoing Answer with New Matter and Counterclaim because the verification of Defendant cannot be obtained within the time necessary for this filing, and that I have been authorized to make this verification on his behalf, and that the facts set forth in the foregoing responses are true and correct based upon my personal knowledge, information furnished and my belief. I understand that my statements are made subject to 18 Pa.C.S. §4904 providing for criminal penalties for unsworn falsificaii t authority. nard Tin , Esquire Date: July 19, 2007 10-26-2006 Checking Account inquiry Next display: ,1,2, 20-0700-11 . 13:25:46 Prior Statement-for: 2128519 AS O.. I BRADLEY A MILLS Bal. as of 4-09-06 307.47 73 SOUTH HIGH STREET +Depp/CR: 3 3,251.22 NEWVILLE PA 17421 -Chks/DR: 57 3,263.21 -Service charge: .00 +Interest paid: .00 Current balance: 295.48 Pat Dt Serial Nunber 'TC Description Amount Sub, Balance Z Ef f Dt Str/l?nn /AAt /8e 050406 - -_ ..,. 050506 661 058 G MC MTO CORP 749.02- 050506 „ 050506 050506 Bottom 73-Ezit 78-Recent trans F16¦Print research stet 711=told/unfold 713-Inquiry window F15-Restart 724aftre keys fte Fa rs National Banff, Newdille, Pa.17211,14, C T-e_I(,Lr- - 0 10-26-2006 Checking Account Inquiry Next display: ,1,2, 20-0700-11 13:25:32 Prior Statement-for: 2128519 ASOUDERI . BRADLEY A'MILLS Bat as of 5-07-06 295.48 73 SOUTH HIGH STREET +Dep /CR: 2 2,284.17 NENVILLE PA 17421 -Chks/DR: 37 2,185.68 -Service charge: .00 1 +Interest paid: .00 Current balance: 393.97 i Pat Dt Serial Number TC Description Amount Sub Balance S Bff Dt Str/Run/Bat/Se«e 053106 _ 053106 •-- 053106 060106 060106 060206 677 058 GMAC MM CORP 707.00- 060206 Bottom F3wmcit 78Eecent trans F16=Print research stmt F11•Fold/unfold F13:Ingairy window 715•Restart F24=Iore keys Famem Ndonal Ban New 1b, Pa. 1724) NOW- 10°-26-2006 Checking Account Inquiry Next display: ,1,2, 20-0700-11 13:25:21 Prior Statement for: 2128519 ASOUDERI BRADI,SY A.MILLS Bal as of 6-04-06 393.97 73 SOUTH HIGH STREET +Dep/CR: 3 4,098.01 MWILLE PA 17421 -Chks/DR: 59 3,085.39 -service charge: .00 +Interest paid: ..00 Current balance: 1,406.59 Pat Dt Serial Number TC Description Imount Sub Balance X Eff Dt Str/Rhn/8at/9eq# 063006 063006 _ 070306 070306 070306 070306 "W.7 W u.,,0 %..LJ - , 070306 070606 691 05$ GMAC MTG CORP 707.00- mvre... F3-Euit FSaReaent trans FUMPrint research stmt 711•Fold/unfold LP13a=nquiry window 715aRestart 724-More keys ! miners Nalanai Bank, Nile, P5.1 '10-26-2006 13:2506 Checking Account Inquiry Next display: U 20-0700-11 Prior Statement for: 2128519 BRADLEY 4 MILLS ASOUDkU 73 SOUTH HIGH STREET Bal as of 7-09-06 +Dep/CR: 3 1,406.59 NEWVILLE PA 17421 -Chks/DR: 57 3,094.26 2,835.18 -Service charge: .00 +Interest paid: .00 Current balance: 1,665.67 Pst Dt Serial Number E 8ff Dt TC Description Amount Sub Balance 072706 712 Str/Run/Bat/Beq# 058 GMAC MTG CORP 707.00- 924 61 072706 . „ 072706 072706 „ 072706 072706 072806 07280.6 558.84 More.. `. 73=2xit F8=Recent trans F13=Inquiry window 716=Print research stat F11=Fold/unfold FISaRestart 724-lore keys the Farmers National Banff, Newrville, Pa. 172. 10-26-2006 Checking Account Inquiry Next' display.: ,1,2, 20-0700-11 13•:24:43 Prior Statement for: 2128519 ASOUDERI BRADLEY A•MILLS Bat as of 8-06-06 1,665.67 73 SOUTH HIGH STREET +Dep/CR: 2 2,557.51 NENVILLE PA 17421 Chks/DR: 80 3,682.85 -Service charge: 2.00 +Interest paid: .00 Current balance: 538..33 Pat Dt Serial Number TC Description Amount Sub Balance. I Bff Dt Str/Run/Bat/Seq# 082806 731 058 GMAC MTa CORP 707:00- 449.24 082806 - 082806 082806 082806 083006 083006 083006 F3=Exit :78=Recent trans F16=Print research stmt 711=Fold/unfold F13=1nquiry window F15=Restart F24•Kore keys the Fanners National Bank, Newille, Pa. 17241. More... G MAC Mortgage 3451 780 Waterloo, Harnmond Ave ? Box ox 7A IA 50704-0780 1 ?? J 1oro5/06 E k f BRADLEY A. MILLS CATHY J. MII,LS 73 S HIGH ST 3 67 PA 17241 RE: Account Number 0306083904 tS 1 ?4r ?,.? 73 S HIGH ST TfF3WVILLE PA 17241 Dear BRADLEY A. MILLS CATHY J. MILLS Enclosed please find personal chekc number 752 in the amount of $707.00. These funds are being retuned to you for the following reasons: QXII. This represents partial one of six installments, due at this time. Your account is due for 05/01/06. There may be alternatives available to help resolve the delinquency on your home. Please complete the enclosed financial form and return it to our office or call 800-8%4622. [UI Our records show payments on your account are required to be paid by certified funds. This means money orders, cashier's checks, or personal checks which have been certified at your local bank. L0] These funds are being returned to you because they do not represent the agreed-upon amount of the repayment plan. a this account. payoff will need that purpose. collateral for i GUAC Mortgage 3451 Hammond Ave P.O. Box 780 Waterloo, IA 50704-0780 11/02106 BRADLEY A. MRIS CATHY J. MILLS 73 S HIGH ST NEWVILLE PA 17241 RE. Account Number 0306083904 Property Address 73 S HIGH ST NEWVI ,LE Dear BRADLEY A. MILLS CATHY J. MHI. S PA 17241 PLEASE BE ADVISED THAT THIS IS AN ATILT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Enclosed please find personal check 766 in the amount of $715.03. These funds do not represent the full amount. due to reinstate your account at this time. Your account has been transferral to our attorney to begin foreclosure proceedings. Additional fees and costs have incurred. If it is your intent to reinstate your account in full, please contact the attorney below for the reinstatement amounts. Only the correct amount in the form of certified funds will be acceptable. Goldbeck McCafferty do McKeever Suite 5000 701 Market St Philadelphia PA 19106 999-991=-099 If you cannot afford to reinstate your mortgage, there may be alternatives available to help you avoid foreclosure. Contact the Loss Mitigation Department at GMAC Mortgage immediately at 800-8504622 to discuss these options. , 610(ONw po m 10) lHetr.11 United States Bankruptcy Court X11wr n District of puffBZLV_aNZA.. . I, no #400 of &-M-m Bradley A. Mills Cathy J. Killm PROOF OF CLAIM Can Number OZ-04770 JJT NOTE: This fora should no be sad is mare a dakrt fte w 000d raft aspenis aatairp arer brawhnenament of the ceeR A'rogues!' d psymerd d en adritbAasralvs,spar.. msY be 1Ned personal b 11 U.&C f 603. NsmedCredMor - - (17SAa?aa?arorweOVIomw Lbrd bowesnoworpao e*) go= MDRTQA= CORPORATION or PA Name end Addresses Wham Nolen StoW be Sad xieaha Walker GUNC NO*== CORPORATION OW PA 3481 VXWMf W AVZM P.O. BOX 780 WATTNRLOO, IA 50703-0780 Tetplorw No. 319-236-4737 _ ACCOUNT'CR OTHER NUM. BY WHICH CREDITOR NDENTIFM DEBTOR 306063904 1. SAW FOR CWM T148 SPAACE 6 FOR COURT USE ONLY Mdddsm. - - -- 09(30/03.._ U Goods add ? Reim bauRk asdttI - 'In 11 U.S.C. g 1114(s) 13 N Money kww Wept. lehrft ad mqwadm Your 0001w ,east artier Q% out hMow) I ? Pasond k* ryfw wq ul dew Unpeld aomper Ahn for aervton pwb mW n Tarn hem b ? oaw(Onabsbriery) (dole) (date) I DATE DEBT WAS INICURRED: 3. W COURT .IUCKU M TNT, DATE OBTANE X 07/38/98 02/38/03 ?aS tithe (+) Graaued aarprtorlly, * {CLLASSryCAT10N Op CLAMI uatfar M+e Budeupky Code a1 dolma w aM.eMoe?d spiaayiN a pd CHECK THE BOX g= 11, ! APPROPRIATE OR oat boat ddoea% yar dakn and $T!1 ET THE MIOUl1f OF THE CUIMI AT TrwE CASE FILE. B-SECURED CLARA8 $96,450.75 ?AkeAs/dtwAderasdparhod, dwwattylntsmd L0 Reel O( EvWe Mobr Whla. D Ouwr PON&$ bdOM Amtusat oar --opa and othw dur" st Wee cm ltd kmkWW b sacursdd*a*otrs,rsryi ,116,_937.70 G UN NONPMORITY CLAIM $ AdekwbsesatanwIr111setwtoe1a1 -aNancapmpartyd1 dsbbr um tp rieddi t "to "NOW to veku a such plop" IS lets twn 1w area tithe del t. n Cp aRbatrywaroawaehl IM110 IM110ftloyourcift Allah ogtydW911e1000 tppsatralare. n Check bat ryw here wwr moelwd anynrtloesbora ttibaelaWW oouA M fht case. n Check bat rths w*m d ww loom the edakeee or tN OrWd pe Bert b you by to oohat Chm* hors f fit ddmc a e n UMECUM PRIORITY CLAIM $ SpadfylM pdortd%loan. D Wopas, nlednr orcamrlfalars (uP b ViM earned real mss then todeyaocheMgo("bwWupbypWNtawrttssea-1 dtMdabbh txuluns, wtt dwer b ewler) -11 uS.C. f d07(a)(3) ' D Conbibrrlorti b an artbyaa bartelk pkn-11 U.S,C. ? 607(2x4) ? Up b $M ddWodhg bward p m*mW bsae. Or terAd d property a eervbss for persona, bnt, a haaWmW 6so-11 U.S.C. S W(*)P) n Toes or powmes cr ow m mw wo -11 u9.c. i w(sX ) * Otw_4ps*spproab4 pereWood 11 U S.C. $ w7(a) 4 TOTAL AMOUNT OF -- CLAIM ATTrAE i i X96,480.75 i CASE FILW: ok"C aed) (Sassed) -- "b*N I$ antdt f* boa r oWm kwk4os dtarrseir eddroa b the prktdpW amount d 1te delm, Athch NMrdnd 0ba0d d d eWllatN dnrpet e. CREDIT'S AND SETOFFS: Do aadtatt d el paymade on ttt tdeba hn bear! ereftc! end deduoLad brfn purppon of mW ig ads prtd d dNm. In Mgt* claim, ddmW hn darbctedsr trrtotttNs tut rid l awe b doEb . T. MWORTWO DOCLa*WM: Arch =on d s downert, such n prortttag _--no"; tMdMw ordara, 1111160 a, hNaboed afaienw 1 d nautktptt comb ltrack, coutptdpwtsrhts, orwWstoe d seaally ktlemeta It the dootrthtsrtb ere rant svarebk, wtpkit, r rte documsrrk aro vahrnkrare, atbdt s etelrlary: a TA64TAMPED COPY: To recdw an odmowkdprrwd d tae ftV dye. dWaa, artcbm s abated, selFeddroaed evolVe and copy d ttb prod ddift ..... Dele 13/30/03 wadblire cWw Fkw of up to $5WXo a a product a(Cmdk= Saabmrs kwwpw deK Alm r tlla,rh d PfhsNn?ALM T. Rc i41.96.450.75 THE SPACE IS FOR r tt_L_.v pq 0cV0 2 6 2402 Cla=rk, U.S. Banknlptcy Court 1t11f1V'8805 11476 AN .O9y1ftff A d CAtOt 3 Rntl 73 2 N10r ST NWILtt PA 17741 awtin ?:-aw.re? t1l ----. ----- umv 94/18/6004 If 11I0PI?0$ cm 0 14Q04770 AT WW: M IRS dA1l9S r- An. S1Q lu PIAk FILD 001OW" FAIT IST NMI" 0.35 051E 001M #All CLOD PAYNW 441.00 Noon" 1 mcm Pt301 t00.00 !lilt aft Ole --- ------- ..._ P1uGt 1 04/051m AIDU 40101/6006 VAM 2 1Q/17/m 1109Stl0 01IP x a. Ts 141261x000 1901lTEi IsP x 2.1! 11/04/,2006 . O.flO 41 1ST room DAU ANOtt1T OATS AIS)411T WE A1101111 wt A1RSOt1 MR A1101O11 OATS ANMW 10/30!07 813.99 1111Pl02 •015. 11I19JU 1135.00 1i10 1WU MIS 1Y/I3W 371x1 01107/05 376.15 01121/01 36.1Si 02)00/06 3A6.13 O?I2 w 376,13 93305/58 376,13 iR3ATIG 376415 W91/03 . 37605 04115103 3a6.7S 84/3P,'04 376." 0611tW 376.15 OSMM 376.75 0O('19M MAT 961!3176 376.15 07/110/00 3!4.19 VMS 374.15 0fM 0 3111.15 OV UM 3!6.13 O4!/0QIS3 1111.15 0AS/06 MtS 10101/0 '376.19 19l1lm MIS 19/2173 93 376.15 11!101013 376111 11/26103 373,13 1ZImn 376.15 .tr 106 .374.16.. 011171'04 376.113 11/27/ 04 MIS vi lli P04 . 376.19 01110704 .376.13 SAM. MIS 06/1W- - 34.15 O1WX Ia4 376.19 9UUM ' MIS -4K1' t1 % 376:5 0 /IW ' 171.7'3 WAVOt 316.15 06100IO4 3!0.19 06141106 378.13 Rt/O9/04 376.15 0718MOt 376.15 96106/04 375.13 OOIW06 376.1S 04/01/" 36.75 ORMI0O 3RLU OoI29'I9i 3%.13 19 H4/94 376.45 IVV/04 376.13 11AWK 376.16 1118410G 376.13 1Z/90I04 376.15 1Z/t11 01; 370.1'! 47/ 011/® 371.19 97/74/16 376.1! 01!/81!105 370.15 011110/06 376.11 03101M 34.15 '03110106 3191.15 Mi na 3718:16 94/UM 376.19 Ol /85 3'16.is 006106 374.13 06!31/06 376.13 96!00! 09 3?0.13 86! 23/09 376.79 0X070 37&5 OT12 0i 376.17 06/03/06 WIS 06/17103 MIS 08 575.13 09114/06 376.15 O4IVAI x.76 10!13/06 316115 10!96146 376.79 CW Crud S1we C1 Pe Nd Pw Ib An IM11 App' AMpt Fro . AM P* Ult TWA Of POd 3t N= AitffWA It ._?._ ...... .:.......... ............. .... ..........-...... .......... .......... ............ ........... ,.. 0100 Ami X..40 89 it 0.00 1,790.00 1,79040 0.0 1,700.00 0.00 1,700.90 3.00 0.00 1 097 40TML in 111 fl 0.00 2.6W-n 3.M.9t 4.4 2,2.4.92 0.00 4,254.41 0.00 0.00 - 2. 002 0 0 02 t 0.00 412.00 6.00 0.0 0.08 0.08 0.d11 0.11 0.00 2- ' 016 010 VR l St 98 $3 040 1.100.40 4.i0, O.6 0.40 0.00 0.06 0.00 ..... LOD. 2, o0NNm11r - - -r Ns 0644 daces 191 OW40 w 050 41 84 0.00 2,609.72 0.00 O.a 0.00 8.00 840 0.00 0.00 i .1 1 1 11 .. ..... > &t" plan lie-aDm910a[A1.TO 07 U 0.00 9x4.10. 024,1! 0.0 9x1.19 0100 994.10 0.00 0.00 2 103 017RiW 4,1 34, 0.0 96,460.75 .8 96,937.7D 0.00 is W.70 0.00 0.00 2 Oe MtT ..... r Arw,cW S . ? 201'vp1Ot-sv V 33 0.90 902.39 99Z.3O 0.9 942.30 0.00 '99.97' 5817.3+4 0.00 1 -= 1pulft 5611.014 33 . 0.00 2,66a3Z 494.34 ' 8.8 489.30 8:80 - MOM 19;09• .1.: XSAIPIR Viii 03 33 0.00 3,21,M1.a 3,x464.1'! 0.0 3,204.28 0.90 1,46.76 1.71 AS 0.00 1 11% p".011L10 K 03 13 0.00 633.06 64,06 0.0 WIN 0.00 20.40 364.78 0.00 1 W 4pNR110 ;pT CA 05 31 0.00 3,006.73 3,895.73 ' 0.8 3,01Lu 8.80 1,1:69..99 1,72?.13 0.00 1 LO6 AIft6CT IIEICI'it 03 33 0.00 41362•.34 21W.W Co 2,364.36 0.00 14016.42 7,37x.94 0.00 1 907 w to 03 33 0.00 463.77 463,77 9,8 443,77 0100 203.06 2'39'.71 0.00 1 w ow 101[ 03 w 0.49 32.36 32.36 4.s 32.36 0.00 14.15 18.tt 0.0o 1 w A14YR N67ift a 33 Ole A4S.4',S - 945M a.8 _ 043.23 8.00 414.94 W.69 a." 1 210 soyItp w W' !.9p 33 . 0.00 223.13 W.2 0.0 -2Y7.11 0.00 100-$4-- 126.59 0.06 1 211 "In 11D 33 0,00 115.40 113.40 LO 143.44 0400 50.79 84.61 4.00 1 hi iCAOT't0tt?t O;t v-9Il 1,391,61/ 1,W.60 4.0 1.709,59 0.80 339.14 710.Si1 0.00 1 213 S71A*1!C M. a; 33 9.00 BRi.'.it an-V 0.0 6.32 0.00 .3713.19 440413 0.00 1 999 4*V*A .EY' 8 to 01 0.40 01.00 52.44 co 2.40 4.00 92448 LOO 0.94 9 VIALSt 122ebs2.$0 36,431.29 36,431.24 0.80 20,2117.20 91104_09 0.06 BOSWELL, TTNTNER, PICCOLA & ALFORD COUNSELORS AT LAW 315 NORTH PIJMT SrAW P.O. Box 741 IiAHRumG. PA 17108-0741 LEONARD T,NTNER WILLIAM D. BOSWELL JEFFREY E. PICCOLA 17171 236-9377 11943-19091 JEFFREY R. BOSWELL FAX 17171 236-6316 SRIGID O. ALFORD btpa0att.nat 0. EDWARD SCHWEIKERT. IV September 26, 2006 Jay Jones, Esquire . Supervising Attorney - Bankruptcy Dept. Federman & Phelan One Penn Center 1617 JFK Blvd. Suite 1400 Philadelphia, PA 19103-1834 RE: GMAC Mortgage Corporation of Pa Debtors - Bradley A. Milts & Cathy A. Mills Real Estate located at 73 Si. Sigh Street Newville, Pennsylvania 17241 Dear Attorney Jones: Please be advised that I represent Bradley A. Mills. Mr. Mills has informed me that your client, GMAC Mortgage Corporation, has forwarded him an Act 91 letter. To refresh your memory, Bradley Mills and his ex-wife, Cathy Mills, filed a Chapter 13 Bankruptcy in 2002, to Case #02-04770 JJT. Judith T. Romano, on behalf of your firm, filed a Proof of Claim on September 26, 2002, claiming your client was owed $18,387.07 in arrears on the mortgage. My client, through his bankruptcy attorney, James Jones, objected to that Proof of Claim. On December 26, 2002, Attorney Romano filed an amended Proof of Claim of $16,937.70. This figure was incorporated into the Chapter 13 Plan and was approved by the Court,for payment to your client. Copies of the two Proofs of Claim are enclosed. The Chapter 13 Trustee, Charles J. DeHart, III, paid your client the total sum of $16,937.70. I am enclosing herewith a copy of the Case Report which reflect the amount paid directly to your client. Your client is now stating that the arrears owed at the time of the bankruptcy was $22,068.40 and not the $16,937.70 that was listed on the Amended Proof of Claim, filed with the Court and approved by the Court. My client continued to make his post-petition payments directly to your client, and did not miss a payment. In the Act 91 letter forwarded by your client, it claims that they are owed $7,984.38. We strongly disagree with this figure. The latest mortgage payment indicates that my client owes a for the April 1, 2006 payment through to the present date. How can that be? Mr. Mills has not Jay Jones, Esquire Page 2 September 26, 2006 missed a payment; it appears that your client was applying current mortgage payments to arrears that we strongly disagree are owed, as evidenced by the amount paid to your client under the Chapter 13 Plan. I am also enclosing copies of the letters sent to my client. This letter advises that we are disputing this debt and under the Fair Debt Collection Act, proof of the entire amount due and owing is now demanded. This would also including an accounting of how the Chapter 13 payments were applied. Mr. Mills has been advised that he should continue to make his regular monthly mortgage payments directly to GMAC. , i By copy of this letter, I am also advising GMAC of our dispute of the debt, as well as the United States Bankruptcy Trustee as we believe your client is in violation of the terms of the Bankruptcy Code by now stating that the original arrearage amount was $22,068.40. Your prompt attention to this matter is appreciated. If you have any questions, please feel free to contact me or my paralegal, Denise Foster, at extension 123. I await your reply. An LT/dlf , enclosures 4 cc: GMAC Mortgage Corporation United States Trustee's Office Bradley Mills CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant Mills' Answer to Complaint with New Matter, by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Joseph A. Goldbeck, Esquire Goldbeck, McCafferty & McKeever 701 Market Street Suite 5000 Mellon Independence Center Philadelphia, PA 19106 By: Denise L. Foster, Paralegal Date: July 19, 2007 CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant Mills' Answer to Complaint with New Matter, by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Joseph A. Goldbeck, Esquire Goldbeck, McCafferty & McKeever 701 Market Street Suite 5000 Mellon Independence Center Philadelphia, PA 19106 By: Denise L. Foster, Paralegal Date: July 19, 2007 EXHIBIT "G" GOLDBECK McCAFFERTY & McKEEVER Professional Corporation By: Thomas I. Pulco, Esquire Attorney I.D. # 27615 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, lA 50702 VS. BRADLEY A. MILLS and CATHY J. MILLS Mortgagors and Record Owners 73 S High Street Newville, PA 17241 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY m V ? Team z _t ?, No 06-642' - cam-, . :: R. ca L N NTUMS REPLY TO DEFENDANT'S NEW MATT ER m OFR P1Wntiffl j by and through its undersigned counsel, hereby responds to Defendant, Bradley A. Mills', New Matter as follows: 10. The averments of paragraph ten (10) are Admitted. 11. Denied. The averments of paragraph eleven (11) refer to a document which is in writing and speaks for itself. Any characterization thereof is therefore denied. 12. Denied. Plaintiff received pre-petition money from the trustee almost every month with the last pre-petition payment on August 16, 2005. The payments were not sent in the amount of $376.15; the pre-petition payments received varied n amount from month to month. 13. Denied. The averments of paragraph thirteen (13) refer to a document which is in writing and speaks for itself. Any characterization thereof is therefore denied. 14. Denied. The averments of paragraph eleven (11) refer to a document which is in writing and speaks for itself. Any characterization thereof is therefore denied. 15. Denied. Plaintiff has no record of sending a Stipulation to Defendants counsel for execution and therefore denies the same. 16. Denied. The averments of this paragraph sixteen (16) state a conclusion of law to which no response is required. Without waiver of the foregoing, Defendants letter of May 11, 2007 does not request the information as characterized by the averments contained in the paragraph. A true and correct copy of opposing counsel's letter dated May 11, 2007 is attached hereto as Exhibit "A". Furthermore, return telephone calls were made to opposing counsel's paralegal from Plaintiffs counsel's office on May 31, 2007 and on June 14, 2007 and the loan history was forwarded to Defendant's Counsel on July 16, 2007 in response to their message of July 3, 2007. 17. Denied. The averments in paragraph seventeen (17) are conclusions of law to which no response is necessary. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant as prayed for in Plaintiff s Complaint. Respec submitted, omas I. P , Esquire Attorney for Plaintiff GOLDBECK MCCAFFERTY & McKEEVER A Professional Corporation By. Thomas I. Puleo, Esquire Attorney I.D. # 2715 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 VS. BRADLEY A. MILLS and CATHY J. MILLS Mortgagors and Record Owners 73 S High Street Newville, PA 17241 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 06-6427 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Reply to Defendant, Bradley A. Mills' New Matter was sent by first class mail, postage pre-paid, upon the following on the date listed below: Boswell, Tintner, Piccola & Alford Leonard Tintner, Esquire 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 CATHY J. MILLS 73 S High Street Newville, PA 17241 GOLDBE AFFERTY & MdKEEVER Date: D V"m Ze" Z4 Thomas I: Puleo, Esquipe- Attorney for Plaintiff E mxtilBIT " ?° 35.s? ,25719 ?f *--l e '98 JUL 31 RIB 8 58 Parcel Number: [Space Above This Lbe Far Aeen0ot DoW Loan ID: 3174262 MORTGAGE Case ID: LAPP 0524901 NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. \4 THIS MORTGAGE ("Security Inshumt") is given on July 28th, 1998 The mortgagor is BRADLEY k. MILLS and CATHY J. MILLS ("Borrower"). This Security Instrument is given to \\, AccuBanc Mortgage Corporation , which is organized and odsting under the laws of the State of Texas and whose address is 12377 Merit Dr., #600, P.O. Box 809089, Dallas, Texas 75251 ("Lender"). Borrower owes Lender the principal sum of Eighty Three Thousand Six Hundred and no/100-------- Dollars (U.S. $ 83,00.00 ). This debt is evidenced by Borrower's note fisted the same date as this Security Inatsument ("Note"), which provide for monthly payments, with the !fall debt, if not paid earlier, due and payable on August lot, 2028\ This Security Instrument secures to Lender.. (a) the repayment of the debt evidenced by the Note, with inwast, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advasoed under.paragraph 7 to protect the security of this Security Instrument; and (c) the pu&rmanee of Borrower's wvancmb and agreements under this Security Iastrnmeat and the Note. For this purpose, Borrower does busby mmigage, grass and convey to Lender the following desert p?p?tq located in CUMBERLAND County, Pennsylvania: SSL ATTACHMENT A 11 which has the address of 73 S. HIGH STREET, NENVILLE Pennsylvania 17241 [Zip rodeo ("Property Address"); P&M8YLV 0A-?ily- to tuNC uwsataa ear iwntt seas else (k-6VIPA1 1w1oc Anbon led 6181 VMPMORTGAGEFORMS. (11OM2I.729!Rw-_ ofm eon X472rACE 11 P"s 1 eld Maq?r IStnet. Citrl, I?IIIWI T6GETHER WITH all, the improvements now or hereafter erected on the property, iod all easements, appurtenance-, and fixtures now or hereafter a part of the property. All replacements and additions shall' also be covered by this security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering rem[ property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges, Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Leader, 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 taxer and amts which may attain priority over this Security Instrument as alien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (e) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Leader, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These iceman are culled "Escrow Item." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a ender for a federally related mom loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1474 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, Leader may, at any time, collect and hold Funds in an amount not to exceed this 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 otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or unity (including Lender, if Lender is such an institution) or in any Federal Home Luis Bank. Leader shall apply the Funds to pay the Escrow Item. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Linder to make such a charge. However, Lender may require Borrower to pay a one-rime charge for an independent real estate tax reporting service used by Leader 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 Lender may agree in writing, however, that interest shall be paid on the Funds. Leader shall give to Borrower, without charge, an annual accounting of the 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 all sums secured by this Security Instrument. If the Funds hold by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds is 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 duos, Linder way so notify Borrower in writing, and, in such case Borrower shall pay to Leader the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Larder's ante discretion. Upon payment in fall of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Leader. If, under paragraph 21, Lender shall acquire or sell the Property, Lrender, prior to the acquisition or sale of the Property, stall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: fib, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under tha Nob. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that meaner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Leader 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 manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lesrder's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Leader subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Leader may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take -one or more of the actions set forth above within 10 days of the giving of notice. Form 3039, 9190 ( 6V(PA) 04101 Pp" 2 of a BOOK 1472 n a 12 5:*Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including ' llooa or flooding, for which Leader requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall 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 renewals. If Lender requires, Borrower shall promptly give to Leader 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 if the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not that due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Leader that the insurance carrier has offafed to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds 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 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Leader, Borrower's right to any insurance 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 artd Protection of 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 shall continue to occupy the Property as Bonower's principal residence for at least one year after the date of oecupsacy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless 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 waft on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, 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 IS, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Landers security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Leader (or tailed 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 tide to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.., 7. Protection of Leader's Rights in the Property. If Borrower fails to perform due covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Landees rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Leader may do and pay for whatever is necessary to protect the value of the Propwty and Lender's rights in the Property. Lender's actions may include paying any sums saxmred 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 Leader may take action under this pan:graph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, time amounts shall beat 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 Leader required mortgage insurance as a condition 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 substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer 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 wamranee coverage lapsed or cee a-,d to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Lose re.,erve Form 3034, 8190 -6V(PA) paiot P"p" 3 of 0 IT"ok: payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain 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 Leader or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Coudennation. The proceeds of any award or claim for damages, direct or consequential, in con:tection 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 sectored by this Security Instrument, whether or not then due, with any 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 equal to or greater than 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) the total amount of the sums secured 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 immediately before the taking is less than the amount of the sums secured immediately before 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 whetter or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Leader to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to &.e.. mmc 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 tie due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Leader Not a Waivw. Extension of the time for payment or modification of amortization of the soma secured by this Security Instrument granted by Leader to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Leader shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or 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 forbearance 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 agreements of this Security Instrument shall bind and benefit the successors and assigns of Leader and Borrower, mtn. ect to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Inammett 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; (b) 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 consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sob maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a Direct payment to Borrower. If. a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. , 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice WWI be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lewder shall be given by first class mail to Lender's address stated herein or any other address Leander designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Leader 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 .:an be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are dtatared to be severable. 16. Borrowees Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. Fan 303q„ 8190 at-BVIPAI ("to) Poe 4of s snide ! n 1100 =wt U {'j 17. Transfer of the Ptiroperty or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is. sok4 or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Leader may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Leader if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Leader shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within why Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without firth r notice or demand on Borrower. 18. Borrower's Rigk to Reinstate. If Borrower meets certsm conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time to dw earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before ado of the puta mt to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Thoss conditions are teat Borrower: (s) pays Lender all sums which than would be due under this Security Instrument sad the Note as if no acceleration had occurreri; (b) cures any default of any other covenants or agreements; (¢) par all ezpeoaes incurred in adoring this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d bdm each action as Leader may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property sad Borrower's oblsption to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby small rennin fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial intend in the 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 (known as the "Loan SwAca r") that collects monthly psyments due under the Note and thin Security Instrument. There also may be one or more changes of the Loma Swicar unrelated to a sale of the Note. If them is a cheap of the Lem Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above amd applicable law. The notice will state due narna and address of the new Loan Samoa and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substaa?es. 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 else to do, anything affecting the Property that is in violation of any Environmental Law. The precedigg two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are goebrally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly, give Lander written notice of any investigation, claim, demand, lawsuit or other action by any governnnental or regulatory s cy or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has acdul nultnowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remodistion of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Lawollowing substances: gasoline, kerosene. other flammable: or toxic petroleum products toxic pesticides and herbicides. volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As u ad in this paragraph 20, "Snvimnm ntal Law" mesas federal laws and laws of the jurisdiction where the Property is located that relate to health, or environmental protection. NON-UNIF? COVENANTS. Borrower and Lender farther covenant and agree as follows: 21. Accehrafi ; Remedies. Lender shat! give notice to Borrower prior to acceleration following Borrower's branch of any covenant or agreaannt in this Security Instrument {bat not prior to acceleration under naraffrapit 17 unless applicable law prrtvides otherwise). Leader shall notify Borrower of, saw" odor things: (a) the ddstt>t; (D) the action required to cure the default; (c) when the default must be cured; and (d) that failure to ame the defaak as specified may result in acceleration of the sums secured by this Security Inshuneut, foredlos um by judicial prot-eeditnt and sale of the Property. Leader shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure prooeedhi q the non-cristence of a default or arty other Mass : of Borrower to acceleration sued foreclosure, If the default a not cored as , Lender, at its option, mat how edinte payment in full of all sums secured by this Security Instrument further demo d and may this Instrument by judk d pr?ocaeakng• Lender shall be enfidW to collect all amperes hwa rred in pmom" thSecurity 46b d in this paragra?r 21, including, but not limited tut atterneW fees and costs of title evidence to the natant perm toed bra applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender eball 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 future laws providing for stay of execution, extension of time. exemption tiront attachment, levy and sale, and homestead aaemption. 24. Reinstatanent Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one how prior to the commencement of bidding at a adneriff s sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After ,ludgmenL Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. - Form 303A 91?9 -6ViPA} aaatoa Pps 6 N 0 f,;,;.i,: Book 19?2 PAGE 15 Uffy I. 27. Riders to this Security LsumrneaL If ono or more riders are executed by Borrow and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and afflwret the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrwnont. [Check applic" box(es)] Adjustable Rate Rider Condominium Rider 14 Family Rider Grady dW Payment Rider Planned Unit Davdopment Rider Biweekly Payment Rider Balloon Rider Rata Improvement Rider Second Howe Rider V.A. Rider othn(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: -(Seal) -Borrower J?.4'w;n;/y (Sul) BRADL A. MILLS -Bonv*W 4jli?_11 - I . (Sea]) CATHY J I (Seal) -Borrower Certificate of Residence L PHILIP A. KERR, MORTGAGE CLOSER . do hereby c e rtit that the correct address of the within-named Mortgagee is 12377 MERIT DRIVE, #600, DALLAS, TEXAS 75251 Witness my hand this 28th day of July 1998 Areet of btortMM COMMONWEALTH OF PENNSYLVANIA, County ss: On this, the 28th day of July , 1998 , before me, the undersigned officer, personally appeared BRADLEY A. MILLS and CATHY J. MILLS known to we (or satisfactorily proven) to be the persons whose names are subscribed to the within aclodowledged that THEY executed the am for the purposes herem contained. IN WITNESS WHEREOF, I hegW p,set'my hand and official seal. My Commission Expires: `•'` •`" '`•7? NOTARIAL SEAL := alt: ?'? J+?.- : CONSUME L Ndwy PuW 16W QW69WW- PA We Of Of row CWMMM -BVIPAI aK +o+ EVkK ?# i? 1M Pop a or s ? 9 9190 •?. BoPK1472FAct U , . 1 ,• VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER Case ID: LAPP 0524901 Loan *: 3174262 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 28th day of July , 1998 , and is incorporated into and shall be deemed to amend said supplement the Mortgage, Deed of Trust or Deed to Secure Debt (herein "Security Insumment") dated of even date herewith, given by the undersigned (herein "Borrower") to secure Borrower's Note to AccuBanc Mortgage Corporation (herein "L.GfT ?I{d_-") and covering the Property described in the Security Instrument and located at ? 6( 73 S. HIGH STREET NEI4VILLE, PA 17241 01v7 Address) VA GUARANTEED LOAN COVENANT: In addition to the covenants and agreements made in the Security Instrument, Borrower and Leader further covenant and agree as follows: If the indebtedness secured hereby be guaranteed or insured under Title 38, United States Code, such Title and Regulations issued thereunder and in effect on the date hereof shall govern the rights, duties and liabilities of Borrower and Lender. Any provisions of the Security Instrument or other instruments executed in connection with said indebtedness wbich are inconsistent with said Title or Regulations, including, but not limited to, the provision for payment of any soma in connection with prepayment of the secured indebtedness and the provision that the Leader may accelerate payment of the secured indebtedness puranrmt to Covenant 17 of the Security Instrument, are hereby amended or negated to the extent necessary to ooaform such istruments to said Title or Regulations. LATE CHARGE. At I.ender$a option, Borrower will pa a "late charge" not exceeding four per contain (4%) of the overdue payment when paid more Om fifteen (1S) days after the due date EhuW to cover the extra expense involved in delinquent payments, but Such "late charge' " not be payable out of the proceeds of any sale made to satisfy the indebtedness secured hereby, tmless such proceeds are sufficient to discharge the entire indebtedness eats all proper costs and expenses secured hereby. GUARANTY: Should tie Department of Veterans Affairs fail or refuse to issue its guaranty in full amount within 60 days from the date that this loan would normally become eligible for each guaranty comautted upon by the Dot of Veterans Affairs under the provisions of Title 38 of the U.S. Code "Veterans Benefits," the Mortgages may declare the indebtedness hereby secured at once due and payable and may foreclose immediately or may exercise any other rights hereunder or take any other proper action as by law provided. TRANSFER OF THE PROPERTY: This loan may be declared immediately this and payable upon transfer of property securing such loan to any transferee, unless the acceptability of the assumption of the loan is establishw: pursusm to Section 3714 of Chapter 37, Title 38, United States Code. An authorized transfer ("assumption") of the property shall also be subject to additional covenants and agreements as set forth below: (a) &$,$j,li Zagfi FUNDING 1?IIfi: A fee equal to one-half of l percent (.5096) of the balance of this loan as of the date of transfer of the property shall be payable at the time of transfer to the loan holder or its authorized agent, as trustee for the Department of Veterans Affairs. If the anlumer fails to pay this fee at the time of transfer, the fee shall constitute an additional debt to that already secured by this instrument, shall bear interest at the rate herein provided, and, at the option of the payee of the indebtedness hereby secured or any transferee thereof, shall VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER 0.6388 06061.01 1186 VMP MORTGAGE FORMS - 0001621-7 1 Pp" 1 of 2 wuw: A em1472PAci 18 be immediately due and payable. This flee is automatically waived if the swomer is exempt under the provisions of 38 U.S.C. 3729 (c). (b) : Upon on for to allow assumption of dw; loan, a processing fee may be dwSed by the low ho its agent for determining the creditworthinera of the assumsr and subsequently wWmisg the holder's ownerft records when an approved under is completed. The amonat of this charge abdt nd as weed do mexhaism esiddidied. by the Department of Veterans Affairs for s loom to which Section 3714 of Chapter 37, Tits 38, Uaited.Stan Code applies. (c) • If dim obligation is mum*& than the nsatmer bereby agrees to assume all of the obUgsdons of the veteran under die teams of the weiv arsats can &S amd secacriag the loan. The assume r further agrees to indemoW the Department of Vetaa ma ASArs to tbs exh at of any claim payment arising from the guaranty or insoraace of the Wdd teduasa created by this instrument. IN WITNESS WHEREOF, Borrower(s) has executed this VA Ouaranteed Loan and Aso ption Policy Rider. CATHY Bono.rmr SZAT* ,%,t l -5 Cow, of Deeds Reco den= • ??. n and f in it Ca . PA a - 191 (M-S ? 06041AS Poe 2 of 2 wKi472PAGE 19 1% EXHIBIT " 0" NOTE ?COPY. OTICE; THIS Lk AN IS NOT ASSUNLLE WITHOUT THE - - • PPROV Al' , Case ID: OF THE DEPARTMENT .OF- VETERANIS P oAFF oAIRS OR ITS AUTHORIZED AGENT. Loan #-. 3174262 NEW CUMBERLAND PENNSYLVANIA July 28th, 1998 tChyl (SUM] t>?1 73 S. HIGH STREET, NENVILLE, PA 17241 1. BORROWER'S PROD TO PAY 83,600.00 (this amount is called in return for a loan that I have received. I Pr°aiea to PsY U.S. $ "pal"), plus intent, to the order of the Lnder. The Lander is AccuBanc Mortgage Corporat ion . I understand that do Lander may bond r this Note. Thu: Leader or anyone who taken this Note by transfer and who is entitled 60 reoeivo payments under this Now is coiled the 'Note Holder. 2' MEREST 12%gag will be edged on unpaid principal until the full amount of principal has ben paid. I will pay interest at a ymdy rate of 7.250 %. soil otter any default described is Section b(B) The i *nd we required by this Section 2 is the rate I Will pay both before of this Note. 3. PAYMENTS (A) Time and Plam of PaYumts I will pay princd@a1 and interest by majdft payments every month. month bminning an September lot D win make MY moatidy payments on the lot day of each month and ? and any other ?m 1998 . I will mdse these payments every month until I have paid on of the p kckW If, on described below that I may owe under this Note. My monthly payments will be applied to interest before principal- August 1st, 2028 , I still awe amounts under this Now, I will pay those amounts in full on that date, which is called the "Maturity Lete." I will nee my monthly payments at 12377 Merit Dr . , #600, P.O. Hex 809089, or at a different place if required by the Note Holder. Dallas, Texas 75251 (B) Awasout of Vionfilly wig be m' the ? amount of U.S. $ 570.30 bfy mooWly psymmc 4. BORROWER'S RIGHT' TO PREPAY before they are dos. A payment of principal only is known as a I have the right to make payments of principal at any ' turn dot I am doing so. 'prepayment." Wbm I ma m a prepaymnt, D will tell the Note Holder in writing •? Now Hoidar will use all I may nuke a full prepayment or PoW prepayments without paying any pggny mit dwrSq. of my prepayineatr b reduce the amount of principal that I owe under this Note. N I milts a pietist pmpsy? ?. so ebanges in the dehe date or in fire mood of my monthly payment unless the Note Holder agrees is wrift S. LOAN CHARGES tbct the interest or If a law, which applies to this loan and which seta mcudmom loan charges, is fuoalty us so es (t any other loan charge: collected or to be coHacted in eome? with this loan eaceed do permiRosd . . such loan ebarge shall be reduced by the amount necessary to reduce tiro charr to the pumitted limit; and (g) my sums already canceled fivin me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reduciag the principal owel under this Note or by molting a direct paynout to me. If a refu®d redocee prineiPd, him reduction will be t ailed as a partial prvayment• 4. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Lathe Charge for Ooadae PaYmatts thesailof Fifteen calendar daysafter If the Note Holder has not received the full amount of any monthly pa y a will o 4.000 a er S Of the date it is due, I win pay a late charges to the Note Holder. The amount of the dwr my overdue psynsmL I will pay this late charge promptly but only once on each Iate payment. (B) Default date it is due, I will be in default. If I do not pay the fen samnt of each monthly payment an tAUL=TATE FD(9D RATE NVM - Single Family - Falnis Meeff"414118 Mac Uniform Inrlnmwd Form 3200 12103 at-6v 02oe Amended 4182 VM/ MORTGAGE FORME - 431312804100 - www !;M/ O r r, loll (C) Notice of Default surd ma a written notice telling me that if I do not pay the ove+due amount by a curtaiIn f,1 date, se, in the Note .te o dh Holder Note may regaiHoldern may me to leY immediately the fall amount of principal which has not been paid and all the interest that I ogre on that summit. That date tout be at least 30 days after the date on which the notice is delrusted or mailed to me. (D) No Wainer By Note Holder to Pay immediately in full as described Even if, at a time when 1 am in dafanlt, the Note Holder does not nVirc do no if I a defantt at a later ma tune. above, the Note Holder will still have the right (E) Pajawat of Note 8~ 5 Casts sad Elcpenes right to If the Now Holder has regniced we to pay inine ely in full. as dowibed above' the Now Holder will have ve the he Those be paid beck by t ef all of its costs awl -M - in enfixeing dis Nom to the eaten not p mbdrited by applicable include, eumple+ 7. GTWNG OF NOTICES a ff t method, any notice that must be given to ms under this Note will be given by Unless ? Must class mail to me at the property Ad&,= above or at a different address if I give the Note -Aw Holder it or by by Holder a notice of my Mhwed addcess given by by first class mail to the Any entice that maw be given to the Now HoWee under i ff? a will ddress be if f ass given a ?a it of dint different . different Kkhvu Note Holder at the address stated in Section 3(A) above ve at a a. OBLIGATIONS OF P1bitSONS LMM acich5 NOTE is fully and petwxmny obligated to keep all of the promises made in if more than am person, siVs this Now, paY the fail amounPerson t guarani WAfinsdous IMY or eo of dorasor of t ? Now is this Note. including 66 pro ssi ue awed. Any person who is a also obligated to do thaw WEBB. An person vrhe takes aver these obhg?os.. g or endorser of this Nola, is " to , keep all of the pgooiw ? in ? Now Tbs Holder my enhoce its rights Mier dds Nole sembst each person mLY Or ate an of us together. This means that any one of vs may be wood to pay all of the amounts awed miler this Note. '. Vl?`h1V19Rs who has obligations vendor this Note waive the rights of prat and notice of dishonor. and "pI msay seam: other HPrs Pmt right to m the Note Holder to demand payment of am m" due. 'Notice of dishonor" mens a the rightroom the Now Holder to give notice to other persons that amounts due have not been paid. 10. ALt,ONC TO THE NOTE t .4mments for any other supplemental mfo =mhon is execuled by the Bon D'% r - be kcjqxmW into and shall amend and supplemew the covenants of If an allonge gas for psyme° with this tiro covenants ooff the alionge don ss if the shone ante a part this Note. [crick applicable box] Other [specify] Graduated Payment Allonge ? ? [Specify] 11. UNlitORM SECURED NOTE with limited variations in some ?. In addition so the protections givm to the This Note is a nsdfiam iostctrmaaat or, Swu* Deed (the "S?y inatrumant"), dated lie Sam date as Nola Holder under this NOW, a M~, Dad ofd vilikh mw react if I do act keep dre promssses which I mak* in dds roll this NOW, proeocta to Now Holder f am posaibia to malts itmoorhate paYment Now. IQ Shy hoku moat dowee n'bes bow and tinder what coaditiosssa I nrsY be regorad of all amounts I owe under this Note. Some of those omiliticas are described m folbws: LM R?agulations (38 C.F.R Pact 36) issued, under the Dgwtmem of Vetann's Affairs ("V. .' Gustantoed' and nlatnma Amity (38 U.S.C. Cater 37) and in effect on the date of ban chasing shill ga van the rights, liabilities of the parties to this loan and any provisiaos of this Note which we a mosmt with such "I duties ate hereby amandod and supplemented to conform thereto. THE HAND(S) AND SEAUS) OF THE UNDERSK3 (SMI) LE -sonova BRADLBY A OLL sr CATFIY S SSN: DOCM*W SSN: SSN: fagn Original OW Fwm UM 12M 4ft-SV 02041 rW 2 of 2 EXHIBIT "?; " ?mot vwsxv k6 GMAC Mortgage, LLC PAGE 1 PO Box 780 DATE 08/03/07 Waterloo IA 50704-0780 HISTORY FOR ACCOUNT 306083904 --------- MAIL -------------------- --------- PROPERTY ---------------- BRADLEY A. MILLS CATHY J. MILLS 73 S HIGH ST 73 S HIGH ST NEWVILLE PA 17241 NEWVILLE PA 17241 ----- - DATES ------ ---- CURRENT BALANCES --- -- ------- UNCOLLECTED ------- PAID TO 02/01/06 PRINCIPAL 75542. 91 LATE CHARGES 0.00 NEXT DUE 03/01/06 ESCROW -2290. 00 OPTIONAL INS 0.00 LAST PMT 08/25/06 UNAPPLIED FUND 0. 00 INTEREST 0.00 AUDIT DT 11/04/98 UNAPPLIED CODES FEES -3794.88 BUYDOWN FUND 0. 00 ------ YEAR TO DATE ------- LAST ACTIVITY BUYDOWN CODE INTEREST -912.13 ---- 07/12/07 -------------- -------------------- ------- TAXES -------------------- 412.15 ----------- POST TRN DUE TRANSACTION PRINCIPAL INTEREST ESCROW DATE ------ CDE --- DATE ------ -- AMOUNT PAID ------------- ----- PAID PAID 071304 UI 030103 - .00 ------- .00 ------------- ----- .00 -------- .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 071304 RP 030103 679.97 91.69 478.61 109.67 071304 UF* 030103 UNAPPLIED FUNDS (2) 38.48 BALANCE 1808.38 071304 SR 030103 38.48 .00 .00 .00 072804 UI 040103 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 072804 RP 040103 679.97 92.25 478.05 109.67 072804 UI 040103 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT 5.03* 072804 SR 040103 5.03 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT 5.03 081304 UF* 040103 UNAPPLIED FUNDS (2) 359.22 BALANCE 2167.60 081304 SR 040103 359.22 .00 .00 .00 083004 UI 050103 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 083004 RP 050103 679.97 92.80 477.50 109.67 083004 UI 050103 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT 5.03* 083004 SR 050103 5.03 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT 5.03 091704 UI 060103 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 091704 RP 060103 679.97 93.36 476.94 109.67 091704 UI 070103 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 091704 RP 070103 679.97 93.93 476.37 109.67 091704 UF* 070103 UNAPPLIED FUNDS (2) -231.49 BALANCE 1936.11 PMT FCL 8834 HISTORY FOR ACCOUNT 306083904 PAGE 2 DATE 08/03/07 --------- MAIL -------------------- --------- PROPERTY ---------------- BRADLEY A. MILLS CATHY J. MILLS 73 S HIGH ST 73 S HIGH ST NEWVILLE PA 17241 NEWVILLE PA 17241 ------ POST -------------- TRN DUE --------------- TRANSACTION ------------ PRINCIPAL ---------------------------- INTEREST ESCROW DATE ------ CDE DATE --- ------ -- AMOUNT ------------ PAID PAID PAID 091704 SRO 070103 - - -231.49 ------------ .00 ------------- ----- .00 -------- .00 100604 UI 080103 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 100604 RP 080103 679.97 94.50 475.80 ...109.67 100604 UI 080103 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT 5.03* 100604 SR 080103 5.03 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT 5.03 101304 UI 090103 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 101304 RP 090103 679.97 95.07 475.23 109.67 101304 UF* 090103 UNAPPLIED FUNDS (2) 36.22 BALANCE 1972.33 101304 SR 090103 36.22 .00 .00 .00 110404 UI 100103 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 110404 RP 100103 679.97 95.64 474.66 109.67 110404 UI 100103 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT 5.03* 110404 SR 100103 5.03 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT 5.03 111204 UI 110103 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 111204 RP 110103 679.97 96.22 474.08 109.67 111204 UF* 110103 UNAPPLIED FUNDS (2) 36.22 BALANCE 2008.55 111204 SR 110103 36.22 .00 .00 .00 120704 UI 120103 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 120704 RP 120103 679.97 96.80 473.50 •-109.67 120704 UI 120103 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT 5.03* 120704 SR 120103 5.03 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT 5.03 122104 UI 010104 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 122104 RP 010104 679.97 97.38 472.92 109.67 122104 UI 020104 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 122104 RP 020104 641.55 97.97 472.33 71.25 122104 UF* 020104 UNAPPLIED FUNDS (2) -247.24 BALANCE 1761.31 PMT FCL 8834 HISTORY FOR ACCOUNT 306083904 PAGE 3 DATE 08/03/07 --------- MAIL -------------------- --------- PROPERTY ---------------- BRADLEY A. MILLS CATHY J. MILLS 73 S HIGH ST 73 S HIGH ST NEWVILLE PA 17241 NEWVILLE PA 17241 ------ POST ------------- TRN DUE ---------------- TRANSACTION ---- PRI -------- NCIPAL ---------------------------- INTEREST ESCROW DATE ------ CDE DATE --- ------ - AMOUNT ---------- PA ID PAID PAID 122104 SRO 020104 ---- - -247.24 ---- -------- .00 ------------- ----- .00 -------- .00 010805 UI 030104 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 010805 RP 030104 679.97 98.56 471.74 109.67 010805 UI 040104 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 010805 RP 040104 668.93 99.16 471.14 98.63 010805 UF* 040104 UNAPPLIED FUNDS (2) -600.88 BALANCE 1160.43 010805 SRO 040104 -600.88 .00 .00 .00 011405 UI 050104 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 011405 RP 050104 679.97 99.76 470.54 109.67 011405 UF* 050104 UNAPPLIED FUNDS (2) 36.22 BALANCE 1196.65 011405 SR 050104 36.22 .00 .00 .00 020905 UI 060104 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 020905 RP 060104 679.97 100.36 469.94 109.67 020905 UF* 060104 UNAPPLIED FUNDS (2) 68.05 BALANCE 1264.70 020905 SR 060104 68.05 .00 .00 .00 021005 UI 070104 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 021005 RP 070104 679.97 100.97 469.33 109.67 021005 UI 070104 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT 36.22* 021005 SR 070104 36.22 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT 36.22 030905 UI 080104 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 030905 RP 080104 679.97 101.58 468.72 109.67 030905 UF* 080104 UNAPPLIED FUNDS (2) 36.22 BALANCE 1300.92 030905 SR 080104 36.22 .00 .00 .00 031005 UI 090104 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 031005 RP 090104 679.97 102.19 468.11 109.67 031005 UF* 090104 UNAPPLIED FUNDS (2) 68.05 BALANCE 1368.97 031005 SR 090104 68.05 .00 .00 .00 041205 UI 100104 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* PMT FCL 8834 HISTORY FOR ACCOUNT 306083904 PAGE 4 DATE 08/03/07 --------- MAIL -------------------- PROPERTY --------- ---------------- BRADLEY A. MILLS CATHY J. MILLS 73 S HIGH ST 73 S HIGH ST NEWVILLE PA 17241 NEWVILLE PA 17241 ------ POST ------------- TRN DUE ---------------- TRANSACTION ------------ PRINCIPAL ---------------------------- INTEREST ESCROW DATE ------ CDE --- DATE ------ - AMOUNT ------------- PAID PAID PAID 041205 RP 100104 - - 679.97 ---- -------- 102.81 ------------- ------ 467.49 ------- 109.67 041205 UF* 100104 UNAPPLIED FUNDS (2) 68.05 BALANCE 1437.02 041205 SR 100104 68.05 .00 .00 .00 042505 UF* 100104 UNAPPLIED FUNDS (2) 48.67 BALANCE 1485.6.9 042505 SR 100104 48.67 .00 .00 .00 051005 UI 110104 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 051005 RP 110104 679.97 103.43 466.87 109.67 051005 UF* 110104 UNAPPLIED FUNDS (2) 68.05 BALANCE 1553.74 051005 SR 110104 68.05 .00 .00 .00 053105 UI 120104 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 053105 RP 120104 748.02 104.06 466.24 177.72 070705 UI 010105 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 070705 RP 010105 748.02 104.68 465.62 177.72 080405 UI 020105 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 080405 RP 020105 748.02 105.32 464.98 177.72 081605 UFU 020105 UNAPPLIED FUNDS (1) 1160.43 BALANCE 1160.43 081605 UF* 020105 UNAPPLIED FUNDS (2) -1160.43 BALANCE 393.31 081605 SR 020105 .00 .00 .00 .00 081605 UI 030105 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 081605 RP 030105 748.02 105.95 464.35 177.72 081605 UF* 030105 UNAPPLIED FUNDS (2) 412.41 BALANCE 805.72 081605 SR 030105 412.41 .00 .00 .00 081605 UFU 030105 UNAPPLIED FUNDS (1) -1160.43 BALANCE 0.00 081605 SRO 030105 -1160.43 .00 .00 .00 092005 UI 040105 .00 .00 .00' .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 092005 RP 040105 748.02 106.59 463.71 177.72 092005 UF* 040105 UNAPPLIED FUNDS (2) -63.02 BALANCE 742.70 092005 SRO 040105 -63.02 .00 .00 .00 101405 UI 050105 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* PMT FCL 8834 HISTORY FOR ACCOUNT 306083904 PAGE 5 DATE 08/03/07 --------- MAIL -------------------- --------- PROPERTY ---------------- BRADLEY A. MILLS CATHY J. MILLS 73 S HIGH ST 73 S HIGH ST NEWVILLE PA 17241 NEWVILLE PA 17241 ------ POST -------------- TRN DUE --------------- TRANSACTION ------------ PRINCIPAL ------------------- INTEREST --------- ESCROW DATE ------ CDE --- DATE ------ -- AMOUNT ------ PAID PAID PAID 101405 RP 050105 ------- - 748.02 ------------ 107.24 ----- -------- ---- 463.06 --------- 177.72 110705 UI 060105 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 110705 RP 060105 748.02 107.88 462.42 .177.72 120605 UI 070105 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 120605 RP 070105 748.02 108.54 461.76 177.72 120605 UI 070105 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT 1.00* 120605 SR 070105 1.00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT 1.00 010506 UI 080105 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 010506 RP 080105 748.02 109.19 461.11 177.72 010506 UI 080105 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT 1.00* 010506 SR 080105 1.00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT 1.00 012706 UI 080105 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT 689.36* 020306 UI 080105 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -689.36* 020606 RP 090105 748.02 109.85 460.45 177.72 020606 UI 090105 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT 1.00* 020606 SR 090105 1.00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT 1.00 030506 UI 090105 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT 688.36* 030706 UI 100105 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -22.81* 030706 RP 100105 748.02 110.52 459.78 177.72 030706 UF* 100105 UNAPPLIED FUNDS (2) 0.98 BALANCE 743.68 030706 SR 100105 .98 .00 .00 .00 030706 UF* 100105 UNAPPLIED FUNDS (2) 0.02 BALANCE 743.70 030706 SR 100105 .02 .00 .00 .00 PMT FCL 8834 HISTORY FOR ACCOUNT 306083904 PAGE 6 DATE 08/03/07 --------- MAIL -------------------- --------- PROPERTY ---------------- BRADLEY A. MILLS CATHY J. MILLS 73 S HIGH ST 73 S HIGH ST NEWVILLE PA 17241 NEWVILLE PA 17241 ------ POST ---- TRN ------- DUE ------------------ TRANSACTION ------------ PRINCIPAL ---------------------------- INTEREST ESCROW DATE ------ CDE --- DATE ------ AMOUNT --------------- - PAID PAID PAID 031606 UI 100105 .00 ---- -------- .00 ------------- ------ .00 ------- .00 OPT PREMIUMS .00 LATE CHARGE PYMT -45.62* 040506 UFU 100105 UNAPPLIED FUNDS (1) 749.02 BALANCE 749.02 040506 SRA 100105 749.02 .00 .00 .00 040606 RP 110105 748.02 111.18 459.12 177.72 040606 UF* 110105 UNAPPLIED FUNDS (2) 1.00 BALANCE 744.70 040606 SR 110105 1.00 .00 .00 .00 040606 UFU 110105 UNAPPLIED FUNDS (1) -749.02 BALANCE 0.00 040606 SRO 110105 -749.02 .00 .00 .00 050406 UFU 110105 UNAPPLIED FUNDS (1) 749.02 BALANCE 749.02 050406 SRA 110105 749.02 .00 .00 .00 050506 RP 120105 748.02 111.86 458.44 177.72 050506 UF* 120105 UNAPPLIED FUNDS (2) 1.00 BALANCE 745.70 050506 SR 120105 1.00 .00 .00 .00 050506 UFU 120105 UNAPPLIED FUNDS (1) -749.02 BALANCE 0.00 050506 SRO 120105 -749.02 .00 .00 .00 060106 UFU 120105 UNAPPLIED FUNDS (1) 707.00 BALANCE 707.00 060106 SRA 120105 707.00 .00 .00 .00 060206 RP 010106 748.02 112.53 457.77 177.72 060206 UF* 010106 UNAPPLIED FUNDS (2) -41.02 BALANCE 704.68 060206 SRO 010106 -41.02 .00 .00 .00 060206 UFU 010106 UNAPPLIED FUNDS (1) -707.00 BALANCE 0.00 060206 SRO 010106 -707.00 .00 .00 .00 062106 UI 010106 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT 45.62* 070506 UFU 010106 UNAPPLIED FUNDS (1) 707.00 BALANCE 707.00 070506 SRA 010106 707.00 .00 .00 .00 070606 RP 020106 748.02 113.21 457.09 177.72 070606 UF* 020106 UNAPPLIED FUNDS (2) -41.02 BALANCE 663.66 070606 SRO 020106 -41.02 .00 .00 .00 070606 UFU 020106 UNAPPLIED FUNDS (1) -707.00 BALANCE 0.00 070606 SRO 020106 -707.00 .00 .00 .00 072606 UFU 020106 UNAPPLIED FUNDS (1) 707.00 BALANCE 707.00 072606 SRA 020106 707.00 .00 .00 .00 072706 RP 030106 748.02 113.89 456.41 177.72 072706 UF* 030106 UNAPPLIED FUNDS (2) -41.02 BALANCE 622.64 PMT FCL 8834 HISTORY FOR ACCOUNT 306083904 PAGE 7 DATE 08/03/07 --------- MAIL -------------------- PROPERTY --------- ---------------- BRADLEY A. MILLS CATHY J. MILLS 73 S HIGH ST 73 S HIGH ST NEWVILLE PA 17241 NEWVILLE PA 17241 ------ POST ---- TRN -------- DUE ----------------- TRANSACTION ---- PRI --------- NCIPAL ------------------- INTEREST E -------- SCROW DATE ------ CDE --- DATE ------ AMOUNT ------------ PAID PAID PAID 072706 SRO 030106 --- - -41.02 ---- -------- .00 ------------- ----- .00 -------- .00 072706 UFU 030106 UNAPPLIED FUNDS (1) -707.00 BALANCE 0.00 072706 SRO 030106 -707.00 .00 .00 .00 082506 UFU 030106 UNAPPLIED FUNDS (1) 707.00 BALANCE 707-0A 082506 SRA 030106 707.00 .00 .00 .00 082806 RP 040106 748.02 114.58 455.72 177.72 082806 UF* 040106 UNAPPLIED FUNDS (2) -41.02 BALANCE 581.62 082806 SRO 040106 -41.02 .00 .00 .00 082806 UFU 040106 UNAPPLIED FUNDS (1) -707.00 BALANCE 0.00 082806 SRO 040106 -707.00 .00 .00 .00 090806 UI 040106 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT -45.62* 090806 UI 040106 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT 434.52* 090806 UF* 040106 UNAPPLIED FUNDS (2) -434.52 BALANCE 147.10 090806 SR 040106 .00 .00 .00 .00 OPT PREMIUMS .00 LATE CHARGE PYMT 434.52 090806 UF* 040106 UNAPPLIED FUNDS (2) -147.10 BALANCE 0.00 090806 SR 040106 -147.10 .00 .00 .00 012907 PRO 030106 -748.02 -114.58 -455.72 -177.72 012907 PRO 020106 -748.02 -113.89 -456.41 -177.72 012907 UF* 020106 UNAPPLIED FUNDS (5) 1496.04 BALANCE 1496.04 012907 SR 020106 1496.04 .00 .00 .00 012907 UFU 020106 UNAPPLIED FUNDS (1) 82.04 BALANCE 82.04 012907 UF* 020106 UNAPPLIED FUNDS (5) -82.04 BALANCE 1414.00 012907 SR 020106 .00 .00 .00 .00 012907 UFU 020106 UNAPPLIED FUNDS (1) -82.04 BALANCE 0.00 012907 UF* 020106 UNAPPLIED FUNDS (5) 82.04 BALANCE 1496.04 012907 SR 020106 .00 .00 .00 .00 012907 UF* 020106 UNAPPLIED FUNDS (5) 1262.50 BALANCE 2758.54 012907 SR 020106 .00 .00 .00 -1262.50 013107 UF* 020106 UNAPPLIED FUNDS (5) -2758.54 BALANCE 0.00 013107 SR 020106 -2758.54 .00 .00 .00 END OF HISTORY PMT FCL 8834 VERIFICATION THOMAS I. PULEO, ESQUIRE hereby states that he is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Plaintiff s Motion for Summary Judgment are true and correct to the best of his knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. VAM" omas 1. Puleo squire Attorney for Plaintiff GOLDBECK McCAFFERTY & MCKEEVER BY: THOMAS I. PULED, ESQUIRE Attorney I.D. #27615 Suite 5000 - Mellon Independence Center ATTORNEY FOR PLAINTIFF 701 Market Street Philadelphia, PA 19106 215-627-1322 GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY VS. BRADLEY A. MILLS and CATHY J. MILLS Mortgagors and Record Owners 73 S High Street Newville, PA 17241 Term No. 06-6427 CERTIFICATE OF SERVICE OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Tabitha J. Wilson, hereby certifies that she did serve true and correct copies of Plaintiffs Motion for Summary Judgment, Memorandum of Law in Support and all supporting papers by first class mail, postage pre-paid upon the following on the date listed below: BOSWELL, TINTNER, PICCOLA & ALFORD Leonard Tintner, Esquire 315 N. Front Street P.O. Box 741 Harrisburg, PA 17108-0741 Date: q-tq-o-7 Cathy J. Mills 64 West Big Spring Avenue, Apt #3 Newville, PA 17241 Tabitha J. ils Litigation P C7 cn Fri C Fn ` r Ik - ,. GOLDBECK McCAFFERTY & McKEEVER BY: THOMAS I. PULED, ESQUIRE Attorney I.D. #27615 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY VS. BRADLEY A. MILLS and CATHY J. MILLS Mortgagors and Record Owners 73 S High Street Newville, PA 17241 Term No. 06-6427 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) Motion for Summary Judgment- TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): 2. Identify counsel who will argue cases: (a) for plaintiff: Lee Haller. Esquire -1719 N. Front St Harrisburg- PA 17012 (Name and Address) (b) for defendant: Leonard Tintner. Esquire - 315 N. Front St P.O. Box 741, Harrisburg PA 17108-074 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: .r--?. Thomas I. Puleo. Esquire Print your name Date: September 13, 2007 ? N ? ?7 -v r? r . , cn r*? - ;.??. ?' ? - tx ? ? ?. _ tCn ` ? ? ?? - C ? C?7 r • GMAC MORTGAGE CORPORATION, Plaintiff vs. BRADLEY A. MILLS and CATHY J. MILLS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 06-06427 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jill M. Wineka, Esquire as Co-Counsel on behalf of the Plaintiff in the above-captioned matter. Respectfully submitted, UA h - A/, /Vl% a iL" rorney . Wineka, Esquire ID# 58802 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Dated: G (717) 234-4178 CERTIFICATE OF SERVICE I, Barbara A. Shadel, an employee of the law firm of Purcell, Krug & Haller, do hereby certify that I served a true and correct copy of the Praecipe for Entry of Appearance on the following by depositing same in the United States Mail, First Class Postage, Postage Prepaid, addressed as follows: Leonard Tintner, Esquire 315 North Front Street P. O. Box 741 Harrisburg, PA 17108-0741 Attorney for Defendant, Bradley A. Mills Cathy J. Mills 64 W. Big Spring Ave., Apt. 3 Newville, PA 17241 Pro Se Defendant '&UL4 A'A- - /.,- . &6-z?u - Barbara A. Shadel Dated: ///a D f d t-> 0 r cry rnr? ?, ?= .. , ,, CD . v 77* t _ ? rn GMAC MORTGAGE CORPORATION, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CO., PENNSYLVANIA vs. NO. 06-6427 BRADLEY A. MILLS and CIVIL ACTION - LAW CATHY J. MILLS, Defendants IN MORTGAGE FORECLOSURE STIPULATION It is hereby stipulated and agreed by and between Jill M. Wineka, Esquire, attorney for the Plaintiff, GMAC Mortgage Corporation and Leonard Tintner, Esquire, attorney for the Defendant, Bradley A. Mills, that the Plaintiffs Motion for Summary Judgment is granted and that the Prothonotary should be directed to enter an in rem judgment in favor of the Plaintiff, GMAC Mortgage Corporation and against the Defendant, Bradley A. Mills only, in the sum of $92,286.87, together with interest at the rate of $14.96 per diem from November 1, 2006, and any additional escrow advances for costs, taxes and insurance, on the condition that the Plaintiff may not issue a Writ of Execution until on or after January 21, 2008. Jill Wineka, Esquire, Attorney for Plat iff, GMAC Mortgage Corporation Tintner, Esquire, Attorney for nt, Bradley A. Mills Dated: 020 /Dated: C-) N 'C? i t? f'Dri, . C rn o c Y' t ••, NOV 212007076 GMAC MORTGAGE CORPORATION, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CO., PENNSYLVANIA vs. : NO. 06-6427 BRADLEY A. MILLS and CIVIL ACTION - LAW CATHY J. MILLS, Defendants IN MORTGAGE FORECLOSURE ORDER AND NOW, this Z?" day of P , 2007, upon consideration and review of the Plaintiffs Motion for Summary Judgment, IT IS HEREBY ORDERED AND DECREED that the Plaintiff's Motion for Summary Judgment is GRANTED and that the Prothonotary is directed to enter an in rem Judgment in favor of the Plaintiff, GMAC Mortgage Corporation, and against the Defendant, Bradley A. Mills only, in the sum of $92,286.87, together with interest at the rate of $14.96 per diem from November 1, 2006, and any additional escrow advances for costs, taxes and insurance, on the condition that the Plaintiff shall not file Writ of Execution documents until on or after January 21, 2008. Distribution: Thomas I. Puleo, Esq., Suite 5000, Mellon Independence Center, 701 Market St., Philadelphia, P?/19106-1532 e and Tintner, Esq., 315 N. Front St., P. O. Box 741, Harrisburg, PA 17108-0741 thy J. Mills, 64 W. Big Spring Avenue, Apt. 3, Newville, PA 17241 BY THE COURT, I I :Ii ITV L,Z AON LO OZ l-H1 O ru?t -? I'lli -41. H+..f? d? • IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff BRADLEY A. MILLS CATHY J. MILLS VS. (Mortgagor(s) and Record Owner(s)) 73 S High Street Newville, PA 17241 Defendant(s) PRAECIPE FOR JUDGMENT No. 06-6427 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against CATHY J. MILLS by default for want of an Answer. Assess damages as follows: Debt Interest - 04/01/2006 to 10/31/2006 Total (Assessment of Damages attached) $92,286.87 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mai r delivere o the party against whom judgment is to be entered and to his attorney of record, if any, after the default cu nd east ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 e . Goldbeck, Jr. t y for Plaintiff 16132 AND NOW a007 , Judgment is entered in favor of GMAC MORTGAGE CORPORATION and against CATHY J. MILLS by default for want of an Answer and damages assessed in the sum of $92,286.87 as per the above certification. S Q,C$ r honotary • GMAC MORTGAGE CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA VS. BRADLEY A. MILLS and CATHY J. MILLS, Defendants NO. 06-6427 CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE ORDER AND NOW, this day of , 2007, upon consideration and review of the Plaintiffs Motion for Summary Judgment, IT IS HEREBY ORDERED AND DECREED that the Plaintiffs Motion for Summary Judgment is GRANTED and that the Prothonotary is directed to enter an in rem Judgment in favor of the Plaintiff, GMAC Mortgage Corporation, and against the Defendant, Bradley A. Mills only, in the sum of $92,286.87, together with interest at the rate of $14.96 per diem from November 1, 2006, and any additional escrow advances for costs, taxes and insurance, on the condition that the Plaintiff shall not file Writ of Execution documents until on or after January 21, 2008. Distribution: BY THE COURT, L'9 1) J) J. Thomas I. Puleo, Esq., Suite 5000, Mellon Independence Center, 701 Market St., Philadelphia, PA 19106-1532 Leonard Tintner, Esq., 315 N. Front St., P. O. Box 741, Harrisburg, PA 17108-0741 Cathy J. Mills, 64 W. Big Spring Avenue, Apt. 3, Newville, PA 17241 .+ GMAC-0082 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: July 16, 2007 TO: CATHY J. MILLS 64 W. Big Spring Avenue Apt 3 Newville, PA 17241 GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 VS. BRADLEY A. MILLS CATHY J. MILLS (Mortgagor(s) and Record Owner(s)) 73 S High Street Newville, PA 17241 Plaintiff Defendant(s) TO: CATHY J. MILLS 64 W. Big Spring Avenue Apt 3 Newville, PA 17241 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 06-6427 YMPCIRTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 . ; GMAC-0082 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: Juty 16, 2007 TO: CATHY J. MRI S 73 S High Street Newville, PA 17241 GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 VS. BRADLEY A. MILLS CATHY J. MILLS (Mortgagor(s) and Record Owner(s)) 73 S High Street Newville, PA 17241 Plaintiff Defendant(s) TO: CATHY J. MILLS 73 S High Street Newville, PA 17241 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 06-6427 EYMRTANT NOTTCF. YOU ARE IN DEFAULT BECAUSE YOU HAVE FARM TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER M'ORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 21 i6erty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McREEVER BY: Joseph A. Goldbeck, Jr., Esc]. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, CATHY J. MILLS, is about unknown years of age, that Defendant's last known residence is 73 S High Street Newville, PA 17241 and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: December 1, 2007 A. Goldbeck, Jr. v for Plaintiff r GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 vs. BRADLEY A. MILLS CATHY J. MILLS (Mortgagor(s) and Record owner(s)) 73 S High Street Newville, PA 17241 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 06-6427 ORDER FOR JUDGMENT Please enter Judgment in favor of GMAC MORTGAGE C ORATION, and against CATHY J. MILLS for failure to file an Answer in the above action w' in ) days (or sixty (60) days if defendant is the United States of America) from the date of service of t Co aint, in the sum of $92,286.87. Goldbeck, Jr. for Plaintiff I hereby certify that the above names are correct and that the pre se residence address of the judgment creditor is GMAC MORTGAGE CORPORATION 3451 Hammond A enue Waterloo, IA 50702 and that the name(s) and last known address(es) of the Defendant(s) i e B EY A. MILLS, 73 S High Street Newville, PA 17241 and CATHY J. MILLS, 73 S High Street N ville, A 241; ,D CK McCAFFERTY & McKEEVER J ph A. Goldbeck, Jr. n for Plaintiff r ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $75,314.44 Interest from 04/01/2006 through $3,201.44 10/31/2006 Reasonable Attorney's Fee $3,765.72 Late Charges $179.52 Costs of Suit and Title Search $900.00 Escrow $259.91 Corporate Advance $4,332.92 Fees $542.80 Expense Advances $3,790.12 $92,286.87 Q K McCAFFERTY & McKEEVER WopCh A. Goldbeck, Jr. Attorney for Plaintiff AND NOW, this 4A day of aC , 2007 damages are assessed as above. 'V a"i'- 'P G M Prothy 8 X ?lD O CAI OVt rl 401 Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. BRADLEY A. MILLS CATHY J. MILLS (Mortgagors and Record Owner(s)) 73 S High Street Newville, PA 17241 Defendant(s) No. 06-6427 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against CATHY MILLS. Curt Long Prothonotary By: 9 DK!s 42/y?a7 - Bertity If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 PRAFCI['E FOR WRIT OF F\F(UTION - (MORTGAGE FORECLOSF'RE) P.R.C.P 3180-3183 i . McKeever y I.D.#56129 5L._ )000 - Mellon Independence Center 701 Market Street Philadelphia. PA 19106-1532 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 vs. BRADLEY A. MILLS CATHY J. MILLS Mortgagor(s) and Record Owner(s) 73 S High Street Newville, PA 17241 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-6427 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 11/01/2006 to Date of Sale at 7.2500% (Costs to be added) $92,286.87 z , w o ? o f H U ?a. E'-' ? U v y v rNi a O y A V] M o p" y b r. cl o ° ¢ wx ?x? 3 cl ii a o U?z w? c cz v 40 x F - Q A z ? a `A a t? ? W 03 Z- 0O O 3 ?A O o ?g O a 0 Z 0 .-7 - W-rSL..; p0 j00 { C a All that certain lot or parcel of land situated in the Borough of Newville, Cumberland County, Pennsylvania, known and numbered as No. 73 South High Street, together with the improvements erected thereon as is more particularly bounded and described as follows: Beginning at an iron pin set in westerly line of twenty (20) foot wide alley which pin is North thirteen (13) degrees forty-seven (47) minutes fifty-eight (58) seconds West fifty (50.00) feet from an existing post which said existing post is a common corner of lands now or formerly of Kenneth Graham, lands now or formerly of Ronald M. Stouffer and lands now or formerly of H. Warren Welch; thence along line of Lot No. 3 of land subdivision for H. Warren Welch Estate, South seventy-three (73) degrees four (04) minutes sixteen (16) seconds West one hundred seventy-seven and fifty-five hundredths (177.55) feet through an iron pin set eight and three hundredths (177.55) feet through an iron pin set eight and three hundredths (8.03) feet from property corner to a point at easterly curbline of South High Street; thence along said curbline North sixteen (16) degrees nineteen (19) minutes twelve (12) seconds West fifty (50.00) feet to appoint at corner of Lot No. 1; thence along line of Lot No. 1, North seventy-three (73) degrees five (05) minutes thirty-eight (38) seconds East one hundred seventy-nine and seventy-five hundredths (179.75) feet through an iron pin set right and thirty hundredths (8.30) feet from property corner and through a frame garage situated partially on Lot No. 2 and partially on Lot No. 1 to an iron pin set in the westerly edge of a twenty (20) foot wide alley; thence along the westerly edge of said alley, South fourteen (14) degrees forty-seven (47) minutes fifty-eight (58) seconds East fifty (50.00) feet to an iron pin, the point and place of beginning. Tax parcel no: 28-20-1756-007A (Joldbeck McCaflerty & McKee%cr BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff IN THE COURT OF COMMON PLEAS vs. BRADLEY A. MILLS CATHY J. MILLS (Mortgagor(s) and Record Owner(s)) 73 S High Street Newville, PA 17241 Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-6427 AFFIDAVIT PURSUANT TO RULE 3129 GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 73 S High Street Newville, PA 17241 1.Name and address of Owner(s) or Reputed Owner(s): BRADLEY A. MILLS 73 S High Street Newville, PA 17241 CATHY J. MILLS 73 S High Street Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: BRADLEY A. MILLS 73 S High Street Newville, PA 17241 CATHY J. MILLS 73 S High Street Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: GMAC MORTGAGE CORP. 401 MILE OF CARS WAY J "W N -I lON.AI. CITY_ CA 919 0 COMMONWEALTH OF PA DEPT. OF REVENUE BURSA OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128 COMMONWEALTH OF PA DEPT. OF REVENUE BUREAU OF COMPLIANCE P.O. BOX 281230 HARRISBURG, PA 17128-1230 AMMERMAN DEVEY ENDODONTICS LTD. WESTWOOD CENTER 4661 TRINDLE ROAD CAMP HILL, PA 17011 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTSIOCCUPANTS 73 S High Street Newville, PA 17241 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to th est o y personal knowledge or information and belief. I understand that false statements herein are made subject t t e p ties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: January 23, 2008 GOLDBECK McCAF ER BY: Michael T. McK ver Attorney for Plaintiff ?-?a ,-y '?'' :. t . ._4 ?? r ,. ? t?--. ?, ? r-- ? ---3 :; ? ,? 6.,? • . € - . `= , -C ;,,? Michael T. McKeever Attorney I.D. #56129 Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 vs. BRADLEY A. MILLS CATHY J. MILLS Mortgagor(s) and Record Owner(s) 73 S High Street Newville, PA 17241 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Defendant(s) ACTION OF MORTGAGE FORECLOSURE NO. 06-6427 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Michael T. McKeever, Esquire hereby certify that I am the attorney action, and I further certify that this property is subject to Act 91 of 1983 and the provisions of the Act. Michael T. D Attorney for r the Plaintiff in this has complied with all r,... r..?_i ? - t ? c_;5 "?7 ?? C.._ t Yep.?- ?^ +--: ': l= '-?-i ..- . . f"J < ? ? ? C.?. 00-04, GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D,#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia. PA 19106 215-825-6318 Attorney for Plaintiff GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. BRADLEY A. MILLS CATHY J. MILLS Mortgagor(s) and Record Owner(s) 73 S High Street Newville, PA 17241 Defendant(s Term No. 06-6427 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MILLS, BRADLEY A. BRADLEY A. MILLS C/O Leonard Tintner P.O. Box 741 Harrisburg, PA 17108-0741 Your house at 73 S High Street, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, June 11, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $92,286.87 obtained by GMAC MORTGAGE CORPORATION against you. 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: 1 _ The sale will be cancelled if you pay to GMAC MORTGAGE CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 00-04-)7 3. 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 below 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 NOT TAKE PLACE I . If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 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 Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 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 a 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 house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 o. 06-64-27 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has tiled an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionkgoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of GMAC-0082. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. UO-O417 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County vs. BRADLEY A. MILLS CATHY J. MILLS Mortgagor(s) and Record Owner(s) 73 S High Street Newville, PA 17241 Defendant(s Term No. 06-6427 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MILLS, CATHY J. CATHY J. MILLS 73 S High Street Newville, PA 17241 Your house at 73 S High Street, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, June 11, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $92,286.87 obtained by GMAC MORTGAGE CORPORATION against you. 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: 1. The sale will be cancelled if you pay to GMAC MORTGAGE CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. 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 below 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 NOT TAKE PLACE. I . If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. ?. You may be able to petition the Court to set aside the sale if the bid price \?as grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 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 a 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 house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 a 06-042" Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention k oldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of GMAC-0082. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6427 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From BRADLEY A. MILLS and CATHY J. MILLS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE 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 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 $92,286.87 L.L. $30 Interest from 11/01/06 to Date of Sale at 7.2500% Atty's Comm % Due Prothy $2.00 Atty Paid $202.04 Other Costs To Be Added Plaintiff Paid Date: 1/24108 rothonotary (Seal) By: Deputy REQUESTING PARTY: Name MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 GMAC Mortgage Corporation Vs Bradley A. Mills and Cathy J. Mills In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-6427 Civil Term Defendant Bradley A. Mills will be served through his attorney, per letter of instruction. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 8, 2008 at 1345 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Cathy J. Mills, by making known unto Cathy J. Mills personally at 64 West Big Spring Avenue, Apt. 3, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to Randy Jones, daughter of Mills and adult in charge the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 01, 2008 at 1355 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Bradley A. Mills and Cathy J. Mills located at 73 S. High Street, Newville, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Cathy J. Mills by regular mail to her last known address of 64 W. Big Spring Avenue, Apt. 3, Newville, PA 17241. This letter was mailed under the date of March 31, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney McKeever. Sheriffs Costs: Docketing 30.00 Poundage 1,506.29 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 24.00 Levy 15.00 Surcharge 30.00 Patriot News 383.09 Share of Bills 14.73 $2,035.61 Vt4)a-t1jD1 So Answers- R. Thomas Kline, Sheriff BYE Real Estate rgeant to ? k, y c:.? G y SGG ??a1735? Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff IN THE COURT OF COMMON PLEAS vs. BRADLEY A. MILLS CATHY J. MILLS (Mortgagor(s) and Record Owner(s)) 73 S Nigh Street Newville, PA 17241 Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-6427 AFFIDAVIT PURSUANT TO RULE 3129 GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, Michael T. McKeever, 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: 73 S High Street Newville, PA 17241 1.Namo and address of Owner(s) or Reputed Owner(s): BRADLEY A. MILLS 73 S High Street Newville, PA 17241 CATHY J. MILLS 73 S High Street Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: BRADLEY A. MILLS 73 S High Street Newville, PA 17241 CATHY J. MILLS 73 S High Street Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: GMAC MORTGAGE CORP. 401 MILE OF CARS WAY NATIONAL CITY. CA 91950 COMMONWEALTH OF PA DEPT. OF REVENUE BUREA OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128 COMMONWEALTH OF PA DEPT. OF REVENUE BUREAU OF COMPLIANCE P.O. BOX 281230 HARRISBURG, PA 17128-1230 AMMERMAN DEVEY ENDODONTICS LTD. WESTWOOD CENTER 4661 TRINDLE ROAD CAMP HILL, PA 17011 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which #nay be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may bel affected by the sale. TENANTS/OCCUPANTS 73 S High Street Newville, PA 17241 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to th est o y personal knowledge or infonn4tion and belief. I understand that false statements herein are made subject t t e p It ies of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: January 23, 2008 GOLDBECK McCAI BY: Michael T. McK Attorney for Plaintiff 06-6427 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 vs. BRADLEY A. MILLS CATHY J. MILLS Mortgagor(s) and Record Owner(s) 73 S High Street Newville, PA 17241 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-6427 Defendants THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MILLS, CATHY J. CATHY J. MILLS 73 S High Street Newville, PA 17241 Your house at 73 S High Street, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, June 11, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $92,286.87 obtained by GMAC MORTGAGE CORPORATION against you. 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: 1. The sale will be cancelled if you pay to GMAC MORTGAGE CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 06-6'27 3. 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 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 a 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 house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-6427 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(cr,goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of GMAC-0082. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. 00-64?7 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff vs. BRADLEY A. MILLS CATHY J. MILLS Mortgagor(s) and Record Owner(s) 73 S High Street Newville, PA 17241 Defendant(s Term No. 06-6427 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MILLS, BRADLEY A. BRADLEY A. MILLS C/O Leonard Tintner P.O. Box 741 Harrisburg, PA 17108-0741 Your house at 73 S High Street, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, June 11, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $92,286.87 obtained by GMAC MORTGAGE CORPORATION against you. 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: 1. The sale will be cancelled if you pay to GMAC MORTGAGE CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment; if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 06-6427 3. 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 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 a 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 house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-6427 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of GMAC-0082. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. All that certain lot or parcel of land situated in the Borough of Newville, Cumberland County, Pennsylvania, known and numbered as No. 73 South High Street, together with the improvements erected thereon as is more particularly bounded and described as follows: Beginning at an iron pin set in westerly line of twenty (20) foot wide alley which pin is North thirteen (13) degrees forty-seven (47) minutes fifty-eight (58) seconds West fifty (50.00) feet from an existing post which said existing post is a common corner of lands now or formerly of Kenneth Graham, lands now or formerly of Ronald M. Stouffer and lands now or formerly of H. Warren Welch; thence along line of Lot No. 3 of land subdivision for H. Warren Welch Estate, South seventy-three (73) degrees four (04) minutes sixteen (16) seconds West one hundred seventy-seven and fifty-five hundredths (177.55) feet through an iron pin set eight and three hundredths (177.55) feet through an iron pin set eight and three hundredths (8.03) feet from property corner to a point at easterly curbline of South High Street; thence along said curbline North sixteen (16) degrees nineteen (19) minutes twelve (12) seconds West fifty (50.00) feet to appoint at corner of Lot No. 1; thence along line of Lot No. 1, North seventy-three (73) degrees five (05) minutes thirty-eight (38) seconds East one hundred seventy-nine and seventy-five hundredths (179.75) feet through an iron pin set right and thirty hundredths (8.30) feet from property corner and through a frame garage situated partially on Lot No. 2 and partially on Lot No. 1 to an iron pin set in the westerly edge of a twenty (20) foot wide alley; thence along the westerly edge of said alley, South fourteen (14) degrees forty-seven (47) minutes fifty-eight (58) seconds East fifty (50.00) feet to an iron pin, the point and place of beginning. Tax parcel no: 28-20-1756-007A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6427 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From BRADLEY A. MILLS and CATHY J. MILLS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE 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 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 $92,286.87 L.L. $.50 Interest from 11/01/06 to Date of Sale at 7.2500% Atty's Comm % Due Prothy $2.00 Atty Paid $202.04 Other Costs To Be Added Plaintiff Paid Date: 1/24/08 rothonotary (Seal) By: REQUESTING PARTY: Name MICHAEL T. MCKEEVER, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Deputy Telephone: 215-627-1322 Supreme Court ID No. 56129 Real Estate Sale # 09 On February 15, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Newville, Cumberland County, PA Known and numbered as 73 S. High Street, Newville, more fully described on Exhibit A filed with this writ and by this reference incorporated herein. Date: February 15, 2008 By J o ??xc Real Estate Sergeant 8S -b d S Z NVf 8901 dd `AINND ON-V1838W110 JAIU NS 3N! A 301. 30 ""The-Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Paft1*otjwXtws Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/23/08 04/30/08 05107/08 Sworn to a9sucrribed before me this 27 day of May, 2008 A.D. Notary COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyde L. Sheppard, Notary Public City Of Harrisburg, Dauphin County My Commission Expires May 29, 2010 Member, Pennsylvania Association of Notaries Real Estate Sale #09 Writ No. 2006-6427 Civil Term GMAC Mortgage Corporation VS Bradley A. Mills and Cathy J. Mills Attorney: Michael McKeever DESCRIPTION All that certain lot or parcel of land situated in the Borough of Newville, Cumberland County, Pennsylvania, known and numbered as No. 73 South High Street, together with the improvements erected thereon as is more particularly bounded and described as follows: Beginning at an iron pin set in westerly line of twenty (20) foot wide alley which pin is -North thirteen (13) degrees forty-seven (47) minutes fifty-eight (58) seconds West fifty (50.00) feet from an existing post which said existing post is a; common comer of lands now or formerly of Kenneth Graham, lands now or formerly of Ronald M. Stouffer and lands now or formerly of H. Warren Welch; thence along line of Lot No.3 of land subdivision for H. Warren Welch Estate, South seventy-three (73) degrees four (04) minutes sixteen (16) seconds West one hundred seventy-seven and fifty-five hundredths (8.03) feet through an iron pin set eight and three hundredths (8.03) feet through an iron pin set eight and three hundredths (8.03) feet from property comer to a point at easterly curb line of South High Street, thence along said curb line North sixteen (16) degrees nineteen (19) minutes twelve (12) seconds West fifty (50.00) feet to appoint at comer of Lot No. 1; thence along fine of Lot No.l, North seventy-three (73) degrees five (05) minutes thirty-eight (38) seconds East one hundred seventy-nine and seventy-five hundredths (179.75) feet through an iron pin set eight and thirty hundredths (8.30) feet from property comer and through a frame garage situated partially on Lot No.2 and partially on Lot No.] to an iron pin set in the westerly edge of a twenty (20) foot wide alley; thence along .e westerly edge of said alley, South fourteen (14) degrees forty-seven (47) minutes fifty-eight (58) seconds East fifty (50.00) feet to an iron pi;, the point and place of beginning. Tax parcel no: 28-20-1756-007A r s+ GOLDBECK McCAFFERTY & MCKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6312 fey for Plaintiff GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BRADLEY A. MILLS CATHY J. MILLS 73 S High Street Newville, PA 17241 Defendants No. 06-6427 PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly Satisfy the Judgment in the above captioned matter upon payment of your costs only. ICHAEL T. Mc EVER, ESQUIRE W `C> ? W 1 C cL ? r zl? S _ 'V w GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 Attorney for PTaintiff GMAC MORTGAGE CORPORATION 3451 Hammond Avenue Waterloo, IA 50702 Plaintiff VS. BRADLEY A. MILLS CATHY J. MILLS 73 S High Street Newville, PA 17241 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 06-6427 PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Settled, Discontinued and Ended upon payment of your costs only. VCPk 1 01 Ph, HAEL T. M EVER, ESQUIRE ? f_ ; f"4'. r? 1? ? ? ??+ "".D