HomeMy WebLinkAbout02-4587Pluese, Ettin, Becker & Saltzman
A Division of
Katz, Ettin & Levine, P.C.
Rob Saltzman, Esquire
Attorney Identification No.: 53957
905 N. Kings Highway
Cherry Hill, NJ 08034
(856) 667-6440
Attorneys for Plaintiff
GMAC MORTGAGE CORPORATION
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
: 02 -W 7
V.
GREGORY E. HOUDESHELL
BOBBI L. HOUDESHELL
Defendants
CIVIL ACTION
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH N THE FOLLOWING PAGES, YOU MUST TAKE ACTION
WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE
SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY
ATTORNEY AND FILING THE 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 CLAIMED IN THE COMPLAINT
OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF.
YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO
YOU.
YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GOT TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COGETY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
1/800-990-9108
LE MAN DEMAN DO A USTED EN LA CORTE. SI USTED QUIERE
DEFENDERSB US ESTAS DEMANDAS MPUESTAS EN LAS PAGINAS
SIGUIENTES, USTED TIENB (20) DIAS DE PLAZO A PARTIR DE LA
FRCMA DE LA DEMANDA Y LA NOTIFICACION. USTED DEEP PRESENTAR
UNA APARIENCIA ESCRITA O EN PERSONA 0 POR ABOGADO Y ARCHIVAN
EN LA CORTE SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS
ENCONTRA DE SU PERSONA. SEA AVISADO QU8 SI USTED NO BE
DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN
CONTRA USTED SIN PREVIO AVISO 0 NOTIFICACION 0 FOR CUALQIER
QUEJA O ALIVIO CUR ESPEDIDO EN LA PETICION DE DEMANDA. USTED
PUEDE PERDER DINERO, SUS PROPIEDADES O OTROS DERECHOS
IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENB
MOSAIC 0 SI NO TIRES EL DINBRO SUFICI3WE PARA HADAR TAL
SERVICIO, VAYA EN PERSONA 0 LLAME FOR TBLEFONO A LA OFICINA
CUYA DIRBCCION SE ENCUNTRA ESCRITA ABAJO PARA AVERIGUAR DONDE
USTED PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
1/800-990-9108
CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE
1. The Plaintiff, GMAC Mortgage Corporation, is a
corporation having been organized under the laws of the United
States of America and the Commonwealth of Pennsylvania and having
its principal place of business at 500 Enterprise Road, Suite 150,
Horsham, PA.
2. (a) Defendant(s), Gregory E. Houdeshell and Bobbi L.
Houdeshell are individuals whose last known address is 2501 Mill
Road, Mechanicsburg, PA 17055.
(b) Defendant(s), Gregory E. Houdeshell and Bobbi L.
Houdeshell , hold an interest in the subject property as mortgagor
and record owner.
(c) If any of the above named Defendants are deceased,
this action shall proceed against the deceased Defendant's heirs,
assigns, successors, administrators, personal representatives
and/or executors through their estate whether the estate is
probated.
3. (a) The residential mortgage being foreclosed encumbers
property located at 2501 Mill Road, Mechanicsburg, Upper Allen
Township , County of Cumberland, Pennsylvania.
(b) All documents evidencing the residential mortgage
have been recorded in the Recorder of Deeds' Office in Cumberland
County, Pennsylvania.
(c) The Mortgage was executed on September 29, 1998 and
was recorded on October 1, 1998, in Mortgage Book Volume 1486, page
677.
(d) The legal description for this parcel is attached
hereto and incorporated herein as Exhibit "A" (Legal Description).
(e) By virtue of Pa. R.C.P. 1147 (1) and 1019(g),
Plaintiff is not obliged to append copies of the above mentioned
publicly recorded documents to this mortgage foreclosure action.
These documents are, however, appended hereto and incorporated
herein by reference as Exhibit "B", Mortgage.
(f) On February 22, 2002 notice under the Homeowner
Emergency Mortgage Assistance Act, Act 91 of 1983, was given to
the Defendants. A copy of said notice is attached as Exhibit "C"
4. The mortgage is in default because the Defendant(s),
Gregory E. Houdeshell and Bobbi L. Houdeshell , failed to timely
tender the monthly payment of $912.93 due on December 1, 2001, and
thereafter failed to make the monthly payments.
5. As authorized under the mortgage instrument, the loan
obligation has been accelerated.
6. Plaintiff seeks entry of judgment in rem on the following
sums:
(a) Principal balance of mortgage $93,655.85
due and owing
(b) Interest due and owing at the $6,161.40
rate of 7.5%
calculated from the default
date above stated through
September 16 2002
Interest will continue to
accrue at the per diem rate of
$19.24 through the date
on which judgment in rem is
entered in Plaintiff's favor.
(c) Prior Late Charges $248.76
(d) Property Inspections $61.70
(e) Escrow Advances $2,274.22
(f) Liquidation/Preservation $675.00
(g) VA Liquidation Appraisal $400.00
(h) Marketing cost $125.00
(i) Attorneys' fees $1250.00
(j) Title search and bringdown $350.00
TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF $105,201.93
7. (a) The attorneys' fees set forth as recoverable at
Paragraph 6(i) are in conformity with Pennsylvania law and the
terms of the mortgage, and will be collected in the event of a
third-party purchaser at a Sheriff's Sale only.
(b) If the mortgage arrears are to be reinstated or
paid-off prior to the Sheriff's Sale, Plaintiff's actual attorneys'
fees (calculated at counsel's hourly rate) will be charged based
upon work actually performed.
WHEREFORE, the Plaintiff demands:
-- Entry of Judgment in rem against the Defendants
above named in the total amount of $105,201.93 as
stated at Paragraph 6, plus all additional interest
and late charges accruing through date of judgment
entry; and
-- Foreclosure and Sheriff's Sale of the subject
mortgaged property.
PLUESE, ETTIN, BECKER AND SALTZMAN
BY:
Rotor Esquire
A to y or Plaintiff
Attorne I.D. No. 53957
VERIFICATION
The undersigned, an Officer of GMAC Mortgage, the instant
Plaintiff, or its servicing agent, being authorized to make this
Verification on behalf of the Plaintiff, hereby verifies that the
facts set forth in the foregoing Complaint in Mortgage Foreclosure
are taken from the records maintained by persons supervised by the
undersigned who maintain the business records of the Mortgage held
by the Plaintiff in the ordinary course of business and that those
facts are true and correct to the best of the knowledge,
information and belief of the undersigned.
I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO
THE PENALTIES OF 18 Pa. C.S.A. 4904 RELATING TO UNSWORN
FALSIFICATION TO AUTHORITIES.
DATED :
By:? /Cam'
NAME: Lisa Hogle
TITLE: Foreclosure Specialist
COMPANY: GMAC Mortgage
SCHEDULE "A"
ALL THAT CERTAIN lot or tract of land situate in Upper Allen Township,
Cumberland County, Pennsylvania, bein more particularly bounded and described
as follows, to wit:
BEGINNING at a point on the southeastern corner of the intersection of mill
road and Lisburn Road; thence South 80 degrees 22 minutes 11 seconds East
along the southern line of Lisburn Road a distance of 169.55 (erroneously
referred to in prior deed as 169.95) feet to a point; thence South 9 degrees
37 minutes 49 seconds West a long the line of adjoiner between Lots 1-3 and
2-B on the hereinafter mentioned Plan of Lots a distance of 133.50 feet to a
stake; thence North 80 degrees 22 minutes 11 seconds West along the line of
Lot 3-B on said Plan a distance of 108.66 feet to a point on the eastern line
of mill road; thence North 14 degrees 53 minutes 40 seconds West along said
eastern line of Mill Road a distance of 146.73 feet to a point on the
southeastern corner of the intersection of Mill road and Lisburn Road, the
point and place of Beginning.
HAVING erected thereon a two story frame dwelling house being known and
numbered as 2501 Mill road, Mechanicsburg, Pennsylvania.
BEING Lot 1-B on the Melvin Cline Plan of Lots recorded in Plan Book 22, Page'
38.
BEING KNOWN AS 2501 Mill Road
UNDER and SUBJECT to certain restrictions now of record.
BEING THE SAME PREMISES which Shandra Ewing, By Indenture bearing the date 29th day of
September AD, 1998 and intended to be forthwith recorded in the office for recording of Deeds, in
and for the county of Cumberland, Commonwealth of Pennsylvania, granted and conveyed unto
said Mortgagors, in fee.
aooK148`FAcE X683
904bL,t A
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C
E.E D?n
ilt;!!3ERLNND COUNTY-PA ?I
'98 OCT 1 flm 11 10
RETURN TO: GMAC Mortgage Corporation
100 Witmer Road
ly?
Horsham, PA 19044-0963 U U w
ATTN: Capital Markets
[Space Above This Line For Recording Data]
NO: 49840105
MORTGAGE LO AA N
O: LAPP5052640§
NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE
APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS
AUTHORIZED AGENT.
29 /
THIS MORTGAGE ("Security Instrument") is given on September 81, 1998 The mortgagor is
Gregory E. Houdeshell and BoblA L. Houdeshell, husband and wife
("Borrower"). This Security Instrument is given to
GMAC Mortgage Corporation
which is organized and existing under the laws of Pennsylvania and whose
addressis 100 Witmer Road, P.O..Box 963, Horsham, PA 19044
("Lender"). Borrower owes Lender the principal sum of
Ninety Eight Thousand Eight Hundred Thirty Eight and 00/100
/ Dollars (U.S. $ 98, 838.00
This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly
payments, with the full debt, if not paid earlier, due and payable on October 1, 2028 This Security
Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions
and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the
security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security
Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following
described property located in Cumberland County, Pennsylvania:
According to schedule "A" attached hereto and made a part hereof.
i
which has the address of 2501 Mill Road
Pennsylvania 17055 ("Property Address");
[Zip Codel -
PENNSYLVANIA - Single Family - FNMAIFHLMC UNIFORM INSTRUMENT
GMACM - VMS.0223.PA 194o91 Form 3039 9190 `'
Page 1 of 6 Initial.: d
49899009
Mechanicsburg
Street, City],
aooK14S?ar r hl:^ Sxu jolt's
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, 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 real 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 Lender, Borrower shall pay to
Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes
and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments
or ground rents on the Property, if any; (c) 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 Lender, in accordance with
the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items."
Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally
related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of
1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds
sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount.
Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future
Escrow Items or otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the
Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or
verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such
a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service
used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or
applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds.
Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender 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 held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower
for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any
time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower
shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than
twelve monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale
of the Property, shall 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: first, 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 the Note.
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 manner, 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 Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in
writing to the payment of the obligation secured by the lien in a 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 Lender's opinion operate to prevent the
enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory tQ 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, Lender 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.
'I Form 3039 9190
(xMVCM - VMS.0223.PA 194081 Page 2 of 6
? Initials:E?-?r
nox14BD rat .rl(A3
LOAN NO: 498450105
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
floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods
that Lender requires. The insurance carrier providing the insurance 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 Lender all receipts of
paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.
Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the
Property damaged, if the restoration or repair is economically 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 then due, with any excess paid to Borrower. If Borrower abandons the
Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then
Lender may collect the insurance proceeds. Lender may use the 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 Lender, 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 and 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 Borrower's principal residence for at least one
year after the date of occupancy, 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 waste 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 18, by causing the action or proceeding to be dismissed with a ruling
that, in Lender's good faith determination, precludes forfeiture of the Borrowers interest in the Property or other material
impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if
Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed
to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited
to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a
leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the
leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained
in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a
proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and
pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may
include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying
reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph
7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the
date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting
payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a 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 insurance coverage lapsed or ceased to
be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve
Form 3039 9/90
GMACM - VMS.0223.PA 194081 Page 3 of 6 6w- ag
Initials:
BOOK1488SPAGE .679
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 Lender 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. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and
shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured 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 whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the 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 the sums
secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification
of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall
not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to
commence proceedings 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 Lender and Borrower, subject to the provisions of
paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that
Borrower's interest in the Property under the terms of this Security Instrument; (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 sets maximum loan charges,
and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the
loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge
to the permitted limit; and (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 shall be directed to the Property Address
or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to
Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this
Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note
conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared
to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
Form 3039 9/90
GMACM - VMS.0223.PA 194091 Page 4 of 6
Initial;
BOOK148ePkE .680
1.7. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it
is sold or 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, Lender 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 Lender if exercise is prohibited by federal law as of the date
of this Security Instrument.
If Lender exercises this option, Lender 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 which 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 further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of. (a) 5 days (or such other period as
applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this
Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays
Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b)
cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument,
including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure
that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by
this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the
obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall
not apply in the case of acceleration under paragraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest 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 Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one
or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be
given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and
address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other
information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the
Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or
storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law
of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that
any removal or other remediation 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 paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in
this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless
applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action
required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may
result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the
Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the
foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If
the default is not cured as specified, Lender, at its option, may require immediate payment in full of all sums secured by
this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding.
Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,
including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by 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 shall discharge and satisfy this Security Instrument
without charge to Borrower. Borrower shall pay any recordation costs.
Form 3039 9/90
GMACM - VMS.0223.PA (9408) p, s of AGE "
a'" '?2ElI_ W4
BDOKiQCOlAGE fist
2,3. Waivers. Borrower, to the extent permitted by applicable law, waives and releases PanyNe ror or d 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 from attachment, levy and sale, and homestead exemption.
24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the
commencement of bidding at a sheriffs 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 Judgment. 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.
27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this
Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement
the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.
[Check applicable box(es)]
Adjustable Rate Rider ?Condominium Rider ?1-4 Family Rider
OGraduated Payment Rider ?Planned Unit Development Rider OBiweekly Payment Rider
?Balloon Rider Rate Improvement Rider ?Second Home Rider
®V.A. Rider ?Other(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:
i??? (Seal)
Gr g E Houdeshell -Burrower
_ (Seal)
-Borrower
6k t4?o Dnt o u (Seal)
Bobbi L Houdeshell
Borrower
(Seal)
-Borrower
Certificate of Residence
1, do hereby certify that the correct address of
the within-named Mortgagee is 100 Witmer Road, P.G. Box 963
Horsham, PA 19044
Witness my hand this 30th day of S pt mber 19 8 .
1
, ?? ? JJ Agent of Mortgagee
COMMONWEALTH OF PENNSYLVANIA, C O,,,'rc`'V'r?' County ss:
On this, the 30th day of September 1998 before me, the undersigned officer,
personally appeared Gregory E. Houdeshell and Bobbi L. Houdeshell, husband and wife
known to me (or satisfactorily proygq] jp a the
person(s) whose name(s) ARE subscribed to the within instrument and acknowledged that THEY executed' [lies, foi
the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my band and official seal.
NOTARIAL SEAL
VICKIE R. WELKER, NotaCry Public
Camp My Commission Expires March 4,1 999
3MAOM - VMS.0223.PA 1940a1 a
gookj 9dfAGE Form 30399/90
,,Z
First Mortgage Loan Servicing
3451 Hammond Ave
P.O. Box 780
Waterloo, IA 50704-0780
GMAC Mortgage
Date: February 22, 2002
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
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 IMMEDIATAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUDIERO MENCIONADO
ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAM0 POR EL PROGRAMA LLAMADO
"HOMEOR'NER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE
SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDINHR SU HIPOTECA
HOMEOAVNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDERISERVICER:
GREGORY E. HOUDESHELL
2501 MILL ROAD
MECHANICSBURG, PA 17055
498450105
N/A
GMAC Mortgage Corporation
&L bu? "o,
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
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
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 nrrrru UTTUrwr T17V XTav' -_-11.1 -111 CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling
agencies fisted at the end of this notice, the fender may NOT take action against YOU for thirty (30) days after the date
of this meeting.The names. addresses and tele,.t,,.n, .-b-
mnn ac me ena of rnis Notice. It is only necessary to schedule one
meeting. Advise your lender immediately of vour intentinns
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later
m this vohce (see followmg 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
Mortgage Assistance Program. To do so, you must fill out, sign and file a completed
Homeowner's Homeowner's Emerg Emergency ency Assistance Program Application with one of the designated consumer credit counseling
plot 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 you 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 fded bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR iORTGAGE DEFAULT (Brine it up to date)
NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender is on your property located at:
2501 MILL ROAD MECHANICSBURG, PA 17055 IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: December 1, 2001 through February 1,
2002. See attached Exhibit for payment breakdown.
Monthly Payments 2,738.79
Late Charges 82.92 -
NSF 0.00
Inspections 6.95
Other
Suspense 0.00
TOTAL AMOUNT PAST DUE:
2,828.66
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable):
HOW TO CURE THE DEFAULT --You may cure the defaidt within THIRTY (30) DAYS of the date of this
notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, W'HICH IS
$ 2, 828. 66 , 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
certified check or monev order made Payable and sent to:
Payment Processing
GMAC Mortgage Corporation
PO Box 780
Waterloo, IA 50704-0780
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
,.: w u uv ixv i s. UHL lkit DEFAULT -- If you do not sure the default within THIRTY (30) DAYS of the date
of this Nohce, 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 one 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 morteaeed
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 refer; yourcase 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 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.
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage.
It t nE UEr AUL I PRIOR TO SHERIFF'S SALE -- If you have not cured the default within
DAY period and foreclosure proceedings have begun, you still have the right to cure the default
.le at any time up to one hour before the Sheriff s Sale You racy do so by paving the total amour
S any late or other charges then due reasonable attorney's fees and costs connected with the
id any other costs connected with the Sheriffs Sale as specified in writing by the lender and by
her requirements under the mortggaage Curing your default in the manner set forth in this
e 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 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 fiumishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You may or may not sell or transfer your home to a buyer or transferee who
will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are
paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR PEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT AN'Y OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUbIER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED
First Mortgz
451 Hamm
P.O. Box 781
Waterloo, IA
Ave
50704-0780
GMAC Mortgage
Date: February 22, 2002
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
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 IMMEDIATAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUbIERO MENCIONADO
ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRANIA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE
SAL VAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERNTCER:
BOBBI L. HOUDESHELL
2501 MILL ROAD
MECHANICSBURG, PA 17055
498450105
N/A
GMAC Mortgage Corporation
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY 11IORTGAGE
ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES
YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- Under 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 NITNT nrrTTU wrrvrw, 1n1 x.11 - -_-.. -------
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 ana uPia t --u- ..
.? "? «u a,c ser corn ac me ena or this Notice It is only necessary to schedude one
your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the re asons set forth later
m this Nonce (see following pages for specific information about the nature of your default.) If you have tried and
are umable 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 you 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 fimds for emergency mortgage assistance are very limited. They will be disbursed
by the Agency render 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:
2501 MILL ROAD MECHANICSBURG, PA 17055 IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: December 1, 2001 through February 1,
2002. See attached Exhibit for payment breakdown.
Monthly Payments 2,738 79
Late Changes 82.92 -
NSF 0.00
Inspections 6.95
Other
Suspense 0.00
TOTAL AMOUNT PAST DUE:
2,828.66
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable):
HOW TO CURE THE DEFAULT --You may ape the default within THIRTY (30) DAYS of the date of this
notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$ 2,828.66 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
certified check or money order made payable and sent to
Payment Processing
GMAC Mortgage Corporation
PO Box 780
Waterloo, IA 50704-0780
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
.. _"v r u UMM I IiE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date
of this Notice, the lender intends to exercise its ri hts to accelerate the mort a e 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 hill 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 mor_gt aged
vroverty.
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged pro pert be sold by the Sheriff to pay off
the mortgage debt. If the tender re fers yore case to its attorneys, but yon true the delinquency before
the lender
begins legal proceedings against you, you will still be re quired to pay the reasonable attorn ey's fees that were
achially inc' d, up to $50.00. However, if legal proceedings are started against against yon, yon will have to pay all
reasonable attorney's fees achually inarrnd by the lender even if they exceed $50.00. Any att omey's fees will be
added to the amount you owe the lender, which may also include other reasonable costs.
OTHER LENDER REMEDIES -- The lender may also site you personally for the unpaid principal balance and all
other sums due under the mortgage.
,nE LErn ULl rluVK 1'V SHERIFF'S SALE -- If you have not awed the default within
Y penod and foreclosure proceedings have begun, you still have the raht t„ ?,,, tr,,. ao? ..i.
gage. %-unng your default in the manner set forth in this
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 fmd 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 Sheriff s Sale will end your ownership of the
mortgaged pmperty and youu right to occupy it. If you continue to live in the property after the Sheriffs Sale, a
lawsuit to remove you and youur fiumishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You may or may not sell or transfer your home to a buyer or transferee who
will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are
paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED
cn -a
?
? vt?
m r r i
,
j _T.1
v
e
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-04587 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC MORTGAGE CORPORATION
VS
HOUDESHELL GREGORY E ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
HOUDESHELL GREGORY E
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On October 22nd 2002 this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
So answers.,
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Dauphin Cc 33.00
Mileage 6.90
76.90
10/22/2002
KATZ ETTIN LEVINE
Sworn and subscribed to before me
this t3 ( day of deu!6
ao-oY A. D.
R./Thomas Kline
Sheriff of Cumberland County
--??-Prothon t rriy
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-04587 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC MORTGAGE CORPORATION
VS
HOUDESHELL GREGORY E ET AL
R. Thomas Kline Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
HOUDESHELL BOBBI L
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of ADAMS County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On October 22nd 2002 this office was in receipt of the
attached return from ADAMS
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Surcharge 10.00
Dep Adams Cc 23.10
.00
48.10
10/22/2002
KATZ ETTIN LEVINE
So answers:
R! Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this .23" day of (Tut-
ao-0,z A. D.
Prothonotary
DATE RECEIVED
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
1
MASON DIXON BUSINESS FORMS. INC. 33 MINI
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, PA 17325
DATE PROCESSED
INSTRUCTIONS: Sea "INSTRUCTIONS FOR SERVICE OF PROCESS BY
THE SHERIFF" an the reverse of the kill (No. 5) copy of this form. Please
type or prim legibly, insuring readability of all copies.
Do net detach any copies. ACED ENv.a
12. COURT NUMBER
02-4587 Civil Term
3. DEFENDANTS/ 4. TVPE OF WRIT OR COMPLAINT:
GREGORY E. HOUDESHELL and BOBBI L. HOUDESHELL Complaint in Mortgage Foreclosure
SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD.
Bobbi L. Houdeshell
6. ADDRESS (Street or RFD, Apartment No., City, Born, Twp., State and ZIP CODE)
AT 701 Shippensburg Road, Biglerville, PA 17307
7. INDICATE UNUSUAL SERVICE: 0 PERSONAL O PERSON IN CHARGE 0 DEPUTIZE O CERT. MAIL 0 REGISTERED MAIL 0 POSTED 0 OTHER
Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of
Counity to execute this Writ and make return therof according to law. This deputation being
made at the request and risk of the plaintiff.
SHERIFF OF ADAMS COUNTY
e. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE.
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave
same without a watchman, in custody of whomever is found in possession, alter notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to
any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof.
9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE
Rob Saltzman, ESC]. 0 DEFENDANT (856) 667-6440
DEFENDANT
PA BEL W F R USE F SHERIFF ONLY - DON T WRITE BELOW THI LINE
12. 1 acknowledge receipt of the writ SIGNATURE of Authorized ACED Deputy or Clerk and This 13. Data Received 14. Expiration /1®916 date
or complaint as indicated above. 0 * 10, 2002 0,l 24, 2002
15. 1 hereby CERTIFY and RETURN that I have personalty served, 0 have served person in charge, O have legal evidence of service as shown in "Remarks" (on reverse)
C have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the
individual, company, corporation, etc., at the address inserted below by handingfor Posting a TRUE and ATTESTED COPY therof.
16. C 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below)
17. Name and title of individual served
tit. A paean Of waebb ape"discverian Read Older
Bobbi L. Houdeshell«Ml o aaNna.m.a.a.I
19 Address of where Served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., 20. Date of Service 21. Time
State and ZIP CODE)
10/16/20021 7:40PM
22. ATTEMPTS Daft Nil" Dep.lnt. Data Nil" Dep.Int. Data Nil" Dep.lnt. Date Nil" Dep.lnt. Date Mlles Dep.hd.
23. Advance Costs 24. 25. 26. 27. Total Costs 26. CDSEDgf619R REFUND
$150.00 Fm.3her'ff #38496 $23.10 Pd. 10/18/02 $126.90 Ck. #8185
AFFIRMED and subscribed to before me this _ NSA
By (77 Dap. Shsritq (Please Print or Type)
day of Cindy Vinton
RAYMOND Signature of Sheriff
W NEW 'V
Amhonegry/pep,dyailater,. Public SNERIFF OF ADAMS COUNTY
MY COMMISSION EXPIRES
I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 39.
OF AUTHORIZED ISSUING AUTHORITY AND TITLE.
33 M6
SHERIFF'S RETURN OF SERVICE
( ) (1 ) The
, the within named
defendant by mailing to
by mail, return receipt requested, postage
prepaid, on the
a true and attested copy thereof at
The return receipt signed by
defendant on the is hereto attached and
made a part of this return.
( ) (2) Outside the Commonwealth, pursuant to Pa. R.C.P. 405 (c) (1) (2), by mailing a true
and attested copy thereof at
in the following manner:
( ) (a) to the defendant by ( ) registered ( ) certified mail, return receipt requested,
postage prepaid, addressee only on the
said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities
that Defendant refused to accept the same. The returned receipt and envelope is attached hereto
and made a part of this return.
And thereafter:
( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return
address of the Sheriff appearing thereon, on the
I further certify that after fifteen (15) days.from the mailing date, I have not received
said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a
proof of mailing.
( ) (3) By publication in the Adams County Legal Journal, a weekly publication of general circulation in
the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily
newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general
circulation in said County for
successive weeks of
The Affidavits
from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made
part of this return.
( ) (4) By mailing to
by mail, return receipt requested, postage prepaid,
on the
a true and attested copy thereof at
The returned by the Postal
Authorities marked
is hereto attached.
( ) ( 5 ) Other
In The Court of Common Pleas of Cumberland County, Pennsylvania
GMAC Mortgage Corporation
vs.
Gregory E. Houdeshell et al
SERVE: Bobbi Houdshell
No. 02 4587 civil
Now, October 8, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Adams
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
copy of the original
and made known to the contents thereof.
So answers,
Sheriff of County, PA
COSTS
Sworn and subscribed before SERVICE $
me this day of , 20 MILEAGE
AFFIDAVIT
20 , at o'clock M. served the
AINnoo Swdoy
33183HS
SS :11 V 01 100 1001
®3A130El
(A f f-re of e'S4Pxtff
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Commonwealth of Pennsylvania
County of Dauphin
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
GMAC MORTGAGE CORPORATION
vs
HOUDESHELL GREGORY E
Sh £f's Return
No. 14-T - - -2002
OTHER OUNTY NO. 02 4587
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
AND NOW:October 16, 2002 at 8:40AM served the within
COMPLAINT IN MORTGAGE FORECLOSURE upon
HOUDESHELL GREGORY E by personally handing
to DEF AT RES 1 true attested copy(ies)
of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known
to him/her the contents thereof at 143 BOMBAUGH ROAD
HALIFAX, PA 17032-0000
Sworn and subscribed to
before me this 16TH day of OCTOBER, 2002
PROTHONOTARY
So Answers,
?e?;L
.Y/
Sheriff of Dal3p C° },
By
Deputy Sheri
Sheriff's Costs: $33.00 PD 10/10/2002
RCPT NO 170358
SW/PB
In The Court of Common Pleas of Cumberland County, Pennsylvania
GMAC Mortgage Corporation
vs.
Gregory E. Houdeshell et al
SERVE: Gregory E. Houdeshell
?' No. 02 4587 civil
Now, October 8, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
copy of the original
So answers,
the contents thereof.
Sheriff of
Sworn and subscribed before
me this _ day of 20
20_, at o'clock M. served the
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
County, PA
Pluese, Ettin, Becker & Saltzman
A Division of
Katz, Ettin & Levine, P.C.
Attorneys At Law
905 North Kings Highway
Cherry Hill, NJ 08034
Rob Saltzman, Esquire
Attorney ID NO.: 53957
856/667-6440
Attorney for Plaintiff
77050
GMAC MORTGAGE CORPORATION
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
NO. 02-4587
V.
GREGORY E. HOUDESHELL
BOBBI L HOUDESHELL
Defendants.
PRAECIPE TO ENTER JUDGMENT
AND
ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter Default Judgment in favor of Plaintiff, GMAC Mortgage Corporation, and against
Defendant(s), Gregory E. Houdeshell and Bobbi L. Houdeshell, for failure to file an Answer to Plaintiffs
Civil Action in Mortgage Foreclosure within twenty (20) days from service thereof.
Service was made on the Defendant(s) by, Sheriffs of Dauphin and Adams County as follows:
Gregory E. Houdeshell, served October 16, 2002
Bobbi L. Houdeshell, served October 16, 2002
Assess Damages as follows:
Total Demand in Complaint
Interest due and owing at the rate of $19.24 per diem from September 24, 2002 to
December 5, 2002
TOTAL JUDGMENT TO BE ENTERED
$105,201.93
$1,385.28
$106,587.21
PLUESE, ETTIN, BECKER & SALTZMAN
man, Esquire
for Plaintiff
wfftre Of fhr'*4'j "ff
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania GMAC MORTGAGE CORPORATION
County of Dauphin
vs
HOUDESHELL GREGORY E
Sh ff's Return
No. 2114-T - - -2002
OTHER COUNTY NO. 02 4587
AND NOW:October 16, 2002 at 8:40AM served the within
COMPLAINT IN MORTGAGE FORECLOSURE
HOUDESHELL GREGORY E
to DEF AT RES
upon
by personally handing
1 true attested copy(ies)
Of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known
to him/her the contents thereof at 143 BOMBAUGH ROAD
HALIFAX, PA 17032-0000
Sworn and subscribed to
before me this 16TH day of OCTOBER, 2002
liryf `t ?"R1 ,
i
i
PROTHONOTARY
So Answers,
Sheriff of D p Co },,/pa
By
Deputy Sheriff
Sheriff's Costs: $33.00 PD 10/10/2002
RCPT NO 170358
SW/PB
HATE RECEIVED
SHERIFF'S DEPARTMENT GATE PROCESSEC
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, PA 17325
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
I'll , irrrar
GMAC MOi
3. DEFENDANT/S/
GREGORY E.
INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY
THE SHERIFF" on the reverse of the last (No. 5) copy of this form. Please
type or print legibly, insuring readability of all copies.
Do not detach any copies. ACSD ENV.#
and BOBBI L. HOUDESHELL
SERVE
No
AT
"I VI INUIVIUUAL, COMPANY, CORPORATION, ETC., TO
Bobbi L. Houdeshell
Ili GVUHI NUMBER
02-4587 Civil Term
4. TYPE OF WRIT OR COMPLAINT:
Com la_int in Mortgage For
OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD.
B. ADDRESS (Streator RFD, Apartment No., City, Boro, Twp., State and ZIP CODE)
701 Sbippensburg Road, Biglerville, PA 17307
7. INDICATE UNUSUAL SERVICE: ? PERSONAL ? PERSON IN CHARGE ? DEPUTIZE ? CERT. MAIL 0 REGISTERED MAIL ? POSTED ? OTHER
Now, I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of
County to execute this Writ and make return therof according to law. This deputation being
made at the request and risk of the plaintiff.
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE.
-- --------------------------------
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching an
same without a watchman, in custody of whomever is found in possession, after notifying person Of levy or attachment, without liability on he p Part ofnsucrh deputy writ
any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof.
he sheriff to
9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of. 10. TELEPHONE NUMBER
Rob Saltzman, ESC]. PLAINTIFF 11. DATE
O DEFENDANT (856) 667-6440
12. 1 acknowledge receipt of the writ "21111li-^' rVlvLY -120 NOT WRITE BELOW THIS LINE
or complaint as indicated above. SIGNATURE of Authorized ACSD Deputy or Clerk and Title
1 13. Date Received 14. Expiration /]pl?rg date
Oct. 10, 2002 OCT. 24, 2002
15. 1 hereby CERTIFY and RETURN that I Xhave personally served, C have served person in charge, ? have legal evidence of service as shown in "Remarks" (on reverse)
? have posted the above described property with the writ or Complaint described on the individual, company, corporation, etc., at the address shown above or on the
individual, company, Corporation, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY therof.
16. Q I hereby certify and return a NOT FOUND because I am unable to locate the individual, cumpary, corporation, etc., named above. (See remarks below)
17. Name and title of individual served
Bobbi L. Houdeshell te. A Person of suitable age and Oiecret on Read Order
then residing in the defendant's usual
19. Address of where Served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Till place of abode. ? -
State and ZIP CODE) P. 20. Date of Service 21. Time
22. ATTEMPTS
Date I Mlles I Dep.lnt. I Date Mile- Dep.lnt. Date
23. Advance Costs
.50. 00 Fm. Sbt
24. 25.
f #38496
AFFIRMED and subscribed to before me this
day
MY
10/16/2002 7:40PM
Miles Dep.lnt. to Mlles Dep.lnt. Date miles Del
26. 27. Total Costs
$23 10 Pd 10/18/02 28 C?x)UK19KREFUND
$126.90 Ck #8185
R."
By (SKNFJ Dep. Sherilt) (Please Print or Type) Date
Cindy Vinton 10/16/2002
Signature of Sheriff Date
RAYMOND W. NEWMAIQ 10/16/2002
COMMISSION EXPIRES SHERIFF OF ADAMS COUNTY
I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE
OF AUTHORIZED ISSUING AUTHORITY AND TITLE.
39. Date Received
Pluese, Ettin, Becker & Saltzman
A Division of
Katz, Ettin & Levine, P.C.
Attorneys At Law
905 North Kings Highway
Cherry Hill, NJ 08034
Rob Saltzman, Esquire
Attorney ID NO.: 53957
856/667-6440
Attorney for Plaintiff
77050
GMAC MORTGAGE CORPORATION
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
V.
GREGORY E. HOUDESHELL
BOBBI L. HOUDESHELL
Defendants.
No.:02-4587
CERTIFICATION OF ADDRESSES
I, Peter J. Bodine, Paralegal, of the Law Firm of Pluese, Ettin, Becker & Saltzman, Attorney for
Plaintiff, GMAC Mortgage Corporation, hereby certify that the Plaintiff s correct address is 500 Enterprise
Road, Suite 150, Horsham, PA 19044, and the last known address of each Defendant is as below.
Gregory E. Houdeshell, 143 Bombaugh Road, Halifax, PA 17032
Bobbi L. Houdeshell, 701 Shippensburg Road, Biglerville, PA 17307
I certify that the foregoing information is true and correct to the best of my knowledge, information
and belief.
Sworn to and ubscribed before
me this day
ofj 2002.
PLUESE, ETTIN, BECKER & SALTZMAN
By:
APeterJ. dine, Paralegal
vJENNIFER EISER
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES
2!'1412004
Pluese, Ettin, Becker & Saltzman
A Division of
Katz, Ettin & Levine, P.C.
Attorneys At Law
905 North Kings Highway
Cherry Hill, NJ 08034
856/667-6440
Rob Saltzman, Esquire
Attorney ID No.: 53957
Attorney for Plaintiff
77050
GMAC MORTGAGE CORPORATION
Plaintiff,
V.
GREGORY E. HOUDESHELL
BOBBI L. HOUDESHELL
Defendants.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND:
s. s.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-4587
AFFIDAVIT
OF
NON-MILITARY SERVICE
I, Rob Saltzman, Esquire, being duly sworn, deposes and says that the averments herein are based
upon investigations made and records maintained either by or an behalf of the Plaintiff herein named and
that such investigations and/or records indicate that the above-named Defendant(s) is/are not in the Military
or Naval Service of the United States of America or its Allies as defined by the Soldiers and Sailors Civil
Relief Act of 1940, as amended, and that the age and last known residence and employment of each
Defendant are as follows:
Defendant: Gregory E. Houdeshell
Age: Over 18
Residence: 143 Bombaugh Road, Halifax, PA 17032
Employment: Unknown
Defendant: Bobbi L. Houdeshell
Age: Over 18
Residence: 701 Shippensburg Road, Biglerville, PA 17307
Employment: Unknown
PLUESE, ETTIN, BECKER & SALTZMAN
Sworn to and subscribed before me
thi?day ofDWIAM, 2002.
JENNIFER EISER
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES
2/1N2004
Pluese, Ettin, Becker & Saltzman
A Division of
Katz, Ettin & Levine, P.C.
Attorneys At Law
905 N. Kings Highway
Cherry Hill, NJ 08034
856/667-6440
Rob Saltzman, Esquire
Attorney ID No.: 53957
Attorneys for Plaintiff
77050
GMAC MORTGAGE CORPORATION
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
V.
GREGORY E. HOUDESHELL
BOBBI L. HOUDESHELL
Defendants.
NO.: 02-4587
CERTIFICATION
OF
MAILING
I, Peter J. Bodine, Paralegal, of the Law Firm of Pluese, Ettin, Becker & Saltzman, Attorneys for
Plaintiff, hereby certify that I forwarded to the following Defendant(s) on the date(s) listed, by regular mail,
a copy of the Notice of Intention to take Default Judgment, Rule 237.1:
Gregory E. Houdeshell, 143 Bombaugh Road, Halifax, PA 17032
Bobbi L. Houdeshell, 701 Shippensburg Road, Biglerville, PA 17307
PLUESE, ETTIN, BECKER & SALTZMAN
By: e?--
Peter J. dine, Paralegal
PLL-ESL, I TTIN, BECKER & S,ALTZ<<AN
A Division of
KATZ, ETTIN & LEVINE, P.C.
Attorneys At Law
905 N. Kings Highway
Cherry Hill, NJ 08034
(856) 667-6440
Attorneys for Plaintiff
77050
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
GMAC MORTGAGE CORPORATION 02-4587
Plaintiff,
V.
GREGORY E. HOUDESHELL
BOBBI L. HOUDESHELL
Defendants
NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa. R.C.P. 237.1
IMPORTANT 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 asserted against you. Unless you
act within ten (10) days from the date of this Notice as set forth
below, a Judgment may be entered against you without a hearing and you
may lose your property or other important rights and may be liable for
money damages. You should take this Notice to a lawyer at once. If you
do not have a lawyer or cannot afford one, go to or telephone the
following office to find out where you can get legal help:
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
1/800-990-9108
NOTIFICACION IMPORTANTE
Usted esta en ircumplimiento de su oblicacion legal de presentar, ya sea
personalmente o por medio de su abogado, una declaracion por escrito y
por no haber presentado por escrito sus defensas a los cargos que se han
presentado en su contra. Si usted no toma accion dentro de diez '10'
dias de la fecha de esta Notification, se registrara una sentencia en su
contra sin audiencia y usted podra perder su propiedad u otros derechos
importantes y podra ser responsable por danos monetarios. Usted debe
llevar esta Noticia a un abogado enseguida. Si no tiene abogado o no
tiene dinero suficiente para tal servicio, vaya en persona o llame por
telefono a la oficina cuyo numbre se encuentra abajo para conseguir
asistencia legal.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
1/800-990-9108
Date of Notice: November 13, 2002
PERSONS SERVED:
Gregory E. Houdeshell Bobbi L. Houdeshell
143 Bombaugh Road 701 Shi
- Road
Halifax, PA 17032 pPP
Biglerville, PA PA 17307
PLUESE, ETTIN, DECKER & SALTZMAPT
By:
?, - Esquire
or Plaintiff
-z-
PLUESE, ETTIN, BECKER $ SALTZMAN
? ?
w
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_,
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•- -
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
CURT LONG, PROTHONOTARY
TO: GREGORY E. HOUDESHELL BOBBI L. HOUDESHELL
143 BOMBAUGH ROAD 701 SHIPPENSBURG ROAD
HALIFAX, PA 17032 BIGLERVILLE, PA 17307
GMAC MORTGAGE CORPORATION
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
NO. 02-4587
V.
GREGORY E. HOUDESHELL
BOBBI L. HOUDESHELL
Defendants.
NOTICE PURSUANT TO RULE 236
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above-captioned proceeding as indicated below.
Curt Long, Prothonotary
[XX] Judgment entered by Default
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
Rob Saltzman, Esquire, Attorney ID #53957
PLUESE, ETTIN, BECKER & SALTZMAN
905 North Kings Highway
Cherry Hill, NJ 08034
856/667-6440
Attorneys for Plaintiff
C7 ,--?
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
GMAC MORTGAGE CORPORATION ( ) Confessed Judgment
( ) Other
vs. File No. 02-4587
.
GREGORY E. HOUDESHELL Amount Due $106,587.21
BOBBI L. HOUDESHELL Interest
$ 3,136.08
Atty's Comm
Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail i
account based on a confession of judgment, but if it does, it is based on the appropriate
pursuant to Act 7 of 1966 as amended; and for real installment sale, contract, or
Property pursuant to Act 6 of974 as afinendredeeding filed
Issue writ of execution in the above matter to the Sheriff of Cumberland
for debt, interest and costs, upon the following described property of the defe
2501 Mill Road To ndant(s) County,
wnshi of U er Allen pA
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of
costs, as above, directing attachment against the above-named garnishee(s) for the following
estate, supply six copies of the description; supply four copies d County, for debt, interest and
property (if real
lengthy personalty list)
-------------
and all other property of the defendant(s) in the possession, custody or control
of the said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a li
defendant(s) described in the attached exhibit. s pendens against real estate of the
Date
Signature:
Print Name: Rob Saltzman,
Esquire
Address: 905 N.
Kings Highway
-?h?rv H; 1 1 nT T SRO ;!,
Attorney for:
Plaintiff
Telephone: 856-667-6440
Supreme Court ID No.: 53957
(over)
Notes: If real property, supply six copies of description including improvements and an original and copy of
affidavit of ownership (PaR.C.P. No. 3129).
If lengthy personalty list, supply four copies of list.
To index writ, file separate praecipe with writ.
r--
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Cp, ?ec?cap
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PLUESE, ETTIN, BECKER & SALTZMAN
A Division of
KATZ, ETTIN & LEVINE, P.C.
Attorneys At Law
Rob Saltzman, Esquire / I.D. No. 53957
905 North Kings Highway
Cherry Hill, NJ 08034
(856)667-6440
Attorney for Plaintiff
77050
GMAC MORTGAGE CORPORATION
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
V.
GREGORY E. HOUDESHELL
BOBBI L. HOUDESHELL
Defendant(s).
NO. 02-4587
AFFIDAVIT PURSUANT TO Pa R.C.P. 3129
GMAC Mortgage Corporation, Plaintiff in the above captioned
mortgage foreclosure action, sets forth as of the date the praecipe
for the Writ of Execution was filed, the following information
concerning the real property located at 2501 Mill Road, Township of
Upper Allen, Cumberland County, Pennsylvania, was true and correct
to the best of its knowledge, information and belief.
1. Name and address of each Owner and/or Reputed Owner:
Gregory E. Houdeshell
143 Bombaugh Road
Halifax, PA 17032
Bobbi L. Houdeshell
701 Shippensburg Road
Biglerville, PA 17307
2. Name and address of each Defendant named in the judgment:
1
Gregory E. Houdeshell
143 Bombaugh Road
Halifax, PA 17032
Bobbi L. Houdeshell
701 Shippensburg Road
'lie, PA 17307
Biglerv creditor whose
of every judgment sold:
Name and address real property to be
aown. last kIcord lien on the
3. reco
judgment is a
School District
Mechanicsburg Area
500 S. Broad Street
Mechanicsburg, PA 17050
Upper Allen Sewer Authority
100 Gettysburg Pike
Mechanicsburg, PA 17055
Upper Allen Water Authority
100 Gettysburg pike
PA 17055
Mechanicsburg,
Township, Tax Collector
Upper Allen pike
100 Gettysburg
Mechanicsburg, PA 17055
Domestic Relations
Cumberland County
pA 1?p13et
13 N. Hanover
Carlisle,
Claim Bureau
County Tax
Cumberland
One Courthouse Square
Carlisle, PA 17013
Department of WelfDiVision
Cumberland County
33 Westminister Drive
PO Box 599pA 17013-0599 mortgage
Carlisle, every
4. Name and address of the last recorded holder of
of record: plaintiff herein
GMAC Mortgage Corporation,
Road, Suite 150
500 Enterprise
Horsham, PA 19044
Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Co. of Pennsylvania
4910 Carlisle Pike, Ste 104
Mechanicsburg, PA 17055
PNC Bank, National Association
2730 Liberty Avenue
Pittsburgh, PA 15222
5. Name and address of every other person or entity which has any
record lien on the property:
None.
6. Name and address of every other person or entity which has any
record interest in the property and whose interest may be
affected by the sale:
None
7. Name and address of every other person of whom the Plaintiff
has knowledge who may have an interest in the property which
may be affected by the sale:
Tenant/Occupant
2501 Mill Road
Mechanicsburg, PA 17055
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge, information and
belief. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: February 21, 2003
PLUESE, ETTIN, B KER & SALTZMAN
BY:
R Saltzman, Esquire
A torney I.D. No. 53957
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ETTIN. BECKER & SALTZMAN
pLUESE?
Division of VI ?
v- p.C
A gp,TZ , ETTIN & LE
Attorneys At L Esquire / I'D
Rob Saltzman, s Highway
905 North King
Hill, NJ 08034
Cherry 667-6440
(856) for plaintiff
Attorney
GMAC MORTGAGE CORPORATION
Plaintiff f
V.
GREGORY E. HOUDESHELL
BOBBI L HOUDESHELL
Defendant(S)-
TO: Gregory E. Houdeshell
143 Bombaugh Road
H lifax, PA 17032
COMMON PLEAS
COURT OF D COUNTY
CUMBERLAN
NO. 02-4587
Bobbi L. Houdeshell
701 Shippensburg Road
Biglerville, PA 17307
,nTT C'E OF OWNERS, No, 53957
a
of Upper Allen,
Mill Road, Township Cumberland County
your house at 2501 be sold by the 106,587.21
is scheduled to judgment of $
Cumberland County, to enforce the Court The Sheriff's
Department corporation against you• at 10.00 A.M•,
Sheriff' S GMAC Mortgage June 11, 2003, Room,
obtained by Wednesday, Hearing the
Sale will be conducted on courthouse, Commissioners or,
y Pennsylvania, Cumberland
at in
the Cumberland S Countount Carlisle, by the
ined
One Courthouse location to be determ
alternative, at a location
County Sheriff's RIGHTS
To prevent this Sheriff's Sale, you must take immediate
action:
1. This sale will be canceled if you pay to Plaintiff
Mortgagee the back payments, late charges, costs and
reasonable attorneys' fees due. To find out how much you
must pay, you may call Rob Saltzman, Esquire at (215)
546-3205.
2. You may be able to stop the sale by filing a petition
asking the Court to strike or open the Judgment, if the
judgment was improperly entered. You may also ask the
Court to postpone the sale for good cause.
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 TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will
be sold to the highest bidder. You may find out the
price bid by calling Rob Saltzman, Esquire at (215) 546-
3205, or by calling the Cumberland County Sheriff's
Department at (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 bid in the sale. To find out if
this has happened, you may call Rob Saltzman, Esquire at
(215) 546-3205, or by calling the Cumberland County
Sheriff's Department at (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 had never happened.
5. You have the right to remain in the property until the
full amount due is paid to the Sheriff and the Sheriff
gives a deed to the buyer. At that time, the buyer may
bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was
paid for your house. A schedule of distribution of the
money bid for your house will be filed by the Cumberland
County Sheriff on or about thirty (30) days from the date
of Sheriff's Sale. This schedule will state who will be
receiving that money. The money will be paid out in
accordance with this schedule unless exceptions (reasons
why the proposed distribution is wrong) are filed with
the Sheriff within ten (10) days after the distribution
sheet is posted.
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
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service of the Cumberland Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township
of Upper Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly
described as follows:
BEGINNING at a point on the southeastern corner of the intersection of Mill Road and Lisburn Road;
thence south 80 degrees 22 minutes 11 seconds east along the southern line of Lisburn Road a distance
of 169.55 (erroneously referred to in prior deed as 169.95) feet to a point; thence south 9 degrees 37
minutes 49 seconds west along the line of adjoiner between Lots 1-B and 2-13 on the hereinafter
mentioned Plan of Lots a distance of 133.50 feet to a stake; thence north 80 degrees 22 minutes 11
seconds west along the line of Lot 3-13 on said Plan a distance of 108.66 feet to a point on the eastern
line of Mill Road; thence North 14 degrees 53 minutes 40 seconds west along said southeastern line of
Mill Road a distance of 146.73 feet to a point on the southeastern corner of the intersection of Mill
Road and Lisburn Road, the point and place of beginning.
HAVING thereon erected a two story frame dwelling house being known and numbered as 2501 Mill
Road, Mechanicsburg, Pennsylvania.
BEING Lot 1-B on the Melvin Cline Plan of Lots recorded in Plan Book 22, Page 38.
TAX PARCEL #30-2110-26
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND I SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriffs Deed in which Secretary of Veterans Affairs is the grantee the same having been sold to
said grantee on the 3rd day of Sept A.D., 2003, under and by virtue of a writ Execution issued on the
25th day of Feb, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002
Number 4587, at the suit of GMAC MtQ Corp against Gregory E Houdeshell & Bobbie L is duly
recorded in Sheriffs Deed Book No. 259, Page 2124.
IN TESTIMONY WHEREOF, I have hereunto set my hand
anddQ seal of said office this d3? day of
uLQ?i ?9nt(?' L , A.D. 2003
l/ Reel d of Deeds
eaw
60 4
VVV co.a°tirron wR?°r°r°d'
GMAC Mortgage Corporation In The Court of Common Pleas of
VS Cumberland County, Pennsylvania
Gregory E. Houdeshell and Bobbi L. Writ No. 2002-4587 Civil Tenn
Houdeshell
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made
a diligent search and inquiry for the within named defendant, to wit: Gregory E.
Houdeshell, but was unable to locate him in his bailiwick. He therefore deputized the
Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice and
Description, according to law.
DAUPHIN COUNTY RETURN: And Now: March 19, 2003 at 9:00 am served
the within Notice of Sale upon Gregory Houdeshell by personally handing to the
defendant one true attested copy of the original Notice of Sale and making known to him
the contents thereof at 143 Bombaugh Road, Halifax, PA 17032. So Answers: J.R.
Lotwick, Sheriff of Dauphin County, Pennsylvania.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made
a diligent search and inquiry for the within named defendant, to wit: Bobbi L.
Houdeshell, but was unable to locate her in his bailiwick. He therefore deputized the
Sheriff of Adams County, Pennsylvania to serve the within Real Estate Writ, Notice and
Description, according to law.
ADAMS COUNTY RETURN: I hereby certify and return that I have personally
served Bobbi L. Houdeshell a true and attested copy of the Writ of Execution, Notice of
Sheriffs Sale and Description by handing to her personally, on March 17, 2003 at 4:49
pm at 701 Shippensburg Road, Biglerville, PA 17307. So answers: Kevin Miller,
Deputy Sheriff of Adams County, Pennsylvania.
Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on
April 07, 2003 at 10:30 o'clock A.M., she posted a true copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon the property of
Gregory E. Houdeshell and Bobbi L. Houdeshell located at 2501 Mill Road,
Mechanicsburg 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 one of the within
named defendants, to wit: Bobbi L. Houdeshell, by regular mail to her last known
address of 701 Shippensburg Road, Biglerville, PA 17307. This letter was mailed under
the date of April 07, 2003 and never returned to the Sheriffs Office.
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 one of the within
named defendants, to wit: Gregory E. Houdeshell, by regular mail to his last known
address of 143 Bombaugh Road, Halifax, PA 17032. This letter was mailed under the
date of April 07, 2003 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on September 3, 2003 at 10:00 o'clock A.M. He sold the same for
the sum of $1.00 to Attorney Rob Saltzman for Secretary of Veterans Affairs, an Officer
of the United States of America, its successors and assigns. It being the highest bid and
best price received for the same, Secretary of Veterans Affairs, an Officer of the United
States of America, its successors and assigns of 5000 Wissahickon Avenue, Philadelphia,
PA 19101, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of
$817.23.
Sheriffs Costs:
Docketing $30.00
Poundage 16.02
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 15.18
Levy 15.00
Surcharge 30.00
Postpone Sale 20.00
Out of County 18.00
Adams County 24.80
Dauphin County 33.00
Law Journal 246.80
Patriot News 207.19
Share of Bills 25.24
Distribution of Proceeds 25.00
Sheriffs Deed 39.50
$ 817.23
Sworn and subscribed to before me So Ans ers•
This 36 P. day of
n R. Thomas Kline, Sheriff
2003, A.D. (?; 7hrCQt?
r thonotary ? ? B
Real Estate eputy
D, 0
So
Cie- y.1 9 0v
&?, iya9ST
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND) NO 02-4587 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s)
From GREGORY E. HOUDSHELL, 143 BOMBAUGH ROAD, HALIFAX, PA 17032 AND
BOBBI L. HOUDESHELL, 701 SHIPPENSBURG ROAD, BIGLERVILLE, PA 17307
(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 $106,587.21
Interest $3,136.08
Atty's Comm %
Atty Paid $202.00
Plaintiff Paid
Date: FEBRUARY 25, 2003
(Seal)
REQUESTING PARTY:
Name ROB SALTZMAN, ESQUIRE
Address: 905 N. KINGS HIGHWAY
CHERRY HILL, NJ 08034
Attorney for: PLAINTIFF
Telephone: 856-667-6440
Supreme Court ID No. 53957
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
Prothonot
By:
Deputy
Real Estate Sale # 52
On March 14, 2003 the sheriff levied upon the
defendant's interest in the real property situated in
Upper Allen Township, Cumberland County, PA
known and numbered as 2501 Mill Road,
Mechanicsburg, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
ll
Date: March 145 2003 By:?,JE
Real Estate Deputy
o?
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 Asst.
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 22nd and 29th day(s) of April and the 6th
day(s) of May 2003. 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 S o ana a is 14th dof M, 003 A.D.
S A L E #52 Terry . Russell, Notary Public,
City Of Harrisburg, Dauphin Co REAL ESTATE SALE No. 52 My Commission Expires June 6, 2 N TARY PUBLIC
Writ No. 2002-4587 Member, Pennsylvania Association Of Nota My commission expires June 6, 2006
Civil Tenn
GMAC Mortgage
Corporation CUMBERLAND COUNTY SHERIFFS OFFICE
Val Gregory E. Houdeshell CUMBERLAND COUNTY COURTHOUSE
and Idobbl L. Houdeshell
A t%: PA. 17013
D• Rob ESCRIPTION Sartzman
ALL THAT CERTAIN tract or parcel of land
and premises, situate, lying and being in the Statement of Advertising Costs
Township of Upper Allen in the County of
Cumberland and Commonwealth of To THE PATRIOT-NEWS CO., Dr.
Pennsylvania, more particularly described as
follows: For publishing the notice or publication attached BEGINNING at a point on the southeastern hereto on the above stated dates $ 205.44
comer of the intersection of Mill Road and .75
Lisburn Road; thence south 80 degrees 22 Probating same Notary Fee(s) $ $ 20 1 1 .19
minutes 11 seconds east along the southern Total
line of Lisburn Road a distance of 169.55
(erroneously referred to in prior deed as
169.95) feet to a point; thence south 9 degrees
37 minutes 49 seconds west along the line of publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid. ad)omer between Lots I-B and 2-B on the
hereinafter mentioned Plan of Lots a distance
of 133.50 feet to a stake; thence north 80
degrees 22 minutes 11 seconds west along the By ••••••••••••••••••.•••"••••••"'•"'••"•• .........................
line of Lot 3-B on said Plan a distance of
108.66 feet to a point on the eastern line of
Mill Road; thence North 14 degrees 53 minutes
40 seconds west along said southeastern line of
Mill Road a distance of 146.73 feet to a point
on the southeastern corner of the intersection
of Mill Road and Lisburn Road, the point and
place of BEGINNING.
HAVING thereon erected a two-story frame
dwelling house being known and numbered as
2501 Mill Road, Mechanicsburg, Pennsylvania.
BEING Lot 1-D on the Melvin Cline Plan of
Lots recorded in Plan Book 22, Page 38.
TAX PARCEL #30-2110-26.
PROOF OF P LAw JOFi RNAL OTICE
IN CUMBERLAND 16, 1929), P. L.1784
(Under Act No. 587, approved May
STATE OF PENNSYLVANIA :
. ss.
COUNTY OF CUMBERLAND
Marie Coyne, Esquire, Editor of the Cumberland Laay s that t e Cu County and
Lisa mberland Law
State aforesaid, being duly sworn, according to law, of Aoses isle and in sthe County and State aforesaid,
Journal, a legal periodical published in the Borough
was established January 2, 1952, and designated by the local courts as the official l enaregularly has
since
Janu periodical for the publication of all , and that the printed not ce or p blica ion attached hand Law
issued weekly in the said County,
exactl the same as was printed in the regular editions and issues of the said Cumber
y
Journal on the following dates,
viz: 2003
APRIL 25, MAY 2, 9,
this statement by the Cumberland
anverify
Affiant further deposes that he is authorized to
d that he is not interested in the subject
Law Journal, a legal periodical of general circulation
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
are true
statements as to time, place and character of publication _
REAL ESTATE SALE NO. 52
Writ No. 2002-4587 Civil
GMAC Mortgage Corporation
VS.
Gregory E. Houdeshell and
Bobbi L. Houdeshell
Atty.: Rob Saltzman
ALL THAT CERTAIN tract or par-
cel of land and premises, situate,
lying and being in the Township of
Upper Allen in the County of Cum-
berland and Commonwealth of
Pennsylvania. more particularly de-
scribed as follows:
BEGINNING at a point on the
southeastern corner of the intersec-
tion of Mill Road and Lisburn Road;
thence south 80 degrees 22 min-
utes 11 seconds east along the south-
ern line of Lisburn Road a distance
of 169.55 (erroneously referred to
in prior deed as 169.95) feet to a
point; thence south 9 degrees 37
Editor
JVORN TO AND SUBSCRIBED before me this
_=day of MAY 2003
POk
i sG. ..ni e d
.
13,
S
M EXOM ' '
minutes 49 secuncls
line of west aiung the
adjoiner
and 2-B between Lots 1-B
on the hereinafter men-
tioned Plan of Lots a distance of 133-
.50 feet to a stake; 8p
thence north
degrees 22 minutes 11 seconds
aidtPI Ong the line of Lot 3-B on
an
to a a distance of 108.66 feet
point on the eastern line of Mill
Road; thence North 14 degrees
minutes 40 second 53
s west along said
southeastern line of Mill Road a dis-
tance of 146.73 feet to a point on
the southeastern corner of the in-
tersection of Mill Road and Lisburn
Road, , the point and place of begin-
HAVING thereon erected a two
story frame dwelling house being
known and numbered as 2501 Mill
Mechanicsburg, Pennsylvania.
BEING Lot 1-B
Clore on the Melvin
Plan of Lots recorded in plan
Book 22, page 38.
TAX PARCEL #30-2110-26.
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