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HomeMy WebLinkAbout00-03081 i_"_ - ,~ cr-P:,;,"" '. . \ FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. BARRY E. ZOOK DEBRA A. ZOOK, A/K/A DEBRA CONDRAD ZOOK, A/K/A DEBRA A. CONRAD CIVIL DIVISION NO. 00-3081-CIVIL PRAECIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY: Kindly enter a Rule upon BARRY E. ZOOK & DEBRA A. ZOOK, A!K!A DEBRA CONDRAD ZOOK,A!K!A DEBRA A. CONRAD, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. (JiJ t)t Daniel G. Schmieg, Esquire Attorney for Plaintiff ,. -~. efit.~ v.J / O,J<tr -" .t.-- ., ".--.' ,,' ,-- 1E? . , " .~ '. , .~J ~~, , ~ . ~"" FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION BARRY E. ZOOK DEBRA A. ZOOK, A/K/A DEBRA CONDRAD ZOOK, A/K/A DEBRA A. CONRAD NO. 00-3081-CIVIL RULE AND NOW, this /JtA day of au~ , ;), (!}7) I , a Rule is entered upon BARRY E. ZOOK & DEBRA A. ZOOK, A/K/A DEBRA CONDRAD ZOOK,A!K!A Reassessment of Damages should not be entered. DEBRA A. CONRAD, Defendant(s) to show cause why the attached Order for ~j tr7'--- v-:ft ~ RULE RETURNABLE the 3/JIt day of au~ aim. ~ M- -:if- '/ ~t1/1l.l. I ~jJA. / BY THE COURT: C)..(fV/ cd:- 9; 3 tJ &g ~// J. ~~~ ~O\ ~O~'~ : , I ,,""""'..., 1..1 1!fIl1l'il~,,~ ~~ ~~"",...~~".~f ,.',,,,,,,,, ^ ~ - ~ .f~ ~~ --- LJi :"'/'n-,jl1\ ""'lhJ'l( A/I,~ I '7 "-nJ . r' In ,..;: /1/ ~ cu"", /'1;1;"-'- I "J", ....-1111".'.'1; ,'. PENNS'YL"(')^-~'IUfVTY '1'ltA ~. " - . .- .~. ,,~ -~. \~!~~~~~~Jlffi~~lm!i"'l~.~""..."~~!"!,",,,~ ,J........" . ~.~ L. ,. -if;:' , . , FEDERMAN AND PHELAN by: Daniel G: Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. BARRY E. ZOOK DEBRA A. ZOOK, A/K/A DEBRA CONDRAD ZOOK, A/K/A DEBRA A. CONRAD CIVIL DIVISION NO. 00-3081-CIVIL ORDER AND NOW, this day of , the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance Interest Amount 12/1/99 through 9/5/01 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 31,802.23 5,741.99 608.20 1,300.00 1,782.00 565.11 123.25 0.00 0.00 1,204.86 TOTAL $43,127.64 Plus interest per diem from 9/5/01 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: J. " ~ ., I, ~""""""' -~" ['~- - Ji,~ FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. NO. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. BARRY E. ZOOK DEBRA A. ZOOK, A/K/A DEBRA CONDRAD ZOOK, A/K/A DEBRA A. CONRAD CIVIL DIVISION NO. 00-3081-CIVIL PLAINTIFF'S PETITION FOR REASSESSMENT OF PAMAGES Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. This is an action in Mortgage Foreclosure in which Judgment was entered by default dated on AUGUST 2, 2000 in the amount of $35,531.90. 2. A Sheriff's Sale of the mortgaged premises was postponed or stayed for the following reasons: The Defendant (s) filed a Chapter 13 Bankruptcy (#00-05093RJW) filed on NOVEMBER 21, 2000. The Bankruptcy was dismissed by order of court dated MARCH 12, 2001. 3. The mortgaged premises are listed for Sheriff's Sale on SEPTEMBER 5, 2001. 4 . Addi tional sums have been incurred or expended on Defendant (s) , behalf during the time the sale was postponed or "'"" Jill!;:).:: stayed, and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount 12/1/99 through 9/5/01 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 31,802.23 5,741.99 608.20 1,300.00 1,782.00 565.11 123.25 0.00 0.00 1,204.86 TOTAL $43,127.64 5. Under the terms of the mortgage, Plaintiff is entitled to inclusion of the figures set forth in paragraph four in the amount of judgment against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. rDOL Daniel G. Schmieg, ESQUIRE Attorney for Plaintiff -2- - > '. hlliil~, FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 philadelphia, PA 19102-1799 (215\ 563-7000 GMAC MORTGAGE CORPORATION ATTORNEY FOR PLAINTIFF CUMBERIJ\ND COUNTY COURT OF COMMON PLEAS vs. BARRY E. ZOOK DEBRA A. ZOOK, A/K/A DEBRA CONDRAD ZOOK, A/K/A DEBRA A. CONRAD CIVIL DIVISION NO. 00-3081-CIVIL BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Plaintiff and Defendant (8) entered into a Promissory Note and Mortgage Agreement, wherein Defendant (8) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub ludicia, Defendant (s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage pa:yrnents. Accordingly, after Plaintiff determined that Defendant (s) were not going to cure the default and bring ,the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. -^ ~" 'I~A- II. lIRGUMENT FOR REASSESSMENT OF PAMAGES The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa.Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortqaqe Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super 1988) . In Chase Home Mortqaqe, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "... could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971) . plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages ~J " 'iliitlllt" " will not be detrimental whatsoever to Defendant (s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Fa. 545, 2 A,2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, No. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. wHEREFORE , Plaintiff respectfully requests this Honorable Court to reasseSS the damages as set forth in the Petition to Reassess Damages. FEDERMAN AND PHE~ Q)l/l DANIEL G. SCHMIEG, ESQUIRE ,; , '. -.- . ,- -- = . , n~~~; ~j' R1="Cci\,.:~', .'n-. . ,. _ _: J....4fi~L:J r,:~: -. 1 8aft -z. -".' j:i~ ~3/..s ";. FEDERAL NhTION~ MORTGAGE ASSOCIl\'l'IOH COUR'J: OF CO~MOH PLl;7IS I'H!L~.DELPllIl\ COWl'ry CIVIL TRIAL DIVISION vs. JOSEPH JEFE'ERSO!'l' and, , ROSIE JEFFE.1<SON, his '>life '. HAY TERM," 1982:' ;'r, NO. 2359 ~ ,ff)i) :' ORDER AND OPINION WHITE, J. /\.NO NOI'l,this " 7' day of ~ rea , 19"d~, UPon consideration of Plaintiff: FedcrO\l National t~ortgaqc As$ociation's Petition for .Reconsideration Nunc Pro Tunc of this Court' s Order of November 7, 1985 and tho Answer thlJrGto of Oefendantsl Jos~ph Jefferson and Rosie Jefferson, it is hereby'ORDERED and DECREED as'fOllOWS:\ 1) Said p~~~~on is GRANTED: O"\r. ' ! -;;1.: ,,,", 2) ~~~ir~~rt;s Order of November ;, 1965 i~ .""....,. ("';', , . ..,,"'" . ~...... c,~. ,\.'~ REVERSED and P 1aintiff\' ~ Motio~_for ReaS'sessment.'o~ DamaCjes j.s . r, ~ ..~'~\l "\'0;, . -.1 ~." <"\~.). ... ;;>\{.- , . , 3) J'u'~~;t is hClrolJy l.nCrOalll;d to $6,147,,7L. 1 ". G.1<ANTED; I.. : 13ecaus<~ l?l,!:lintiff was req;;ired to aC':Gpt cut"r'lnt mortgage payments upon thG f,iling of ,Defendants' bilnk::-upt<:y " Plltit1cn and in fact did so, it is necossary to rC<lSSCSS the an:ount of da~laqe.$ that initially were assess<.Hl ..fter jUdgmant by default was' entered in this action, Because D~fendants have not refutGd the specific amcunts claimed - 1 - , ", / :,/' i.t/l 1" J . ".:' ~ , -J_ 1_, ..J ~ ",' '''''"~ by Plaintiff in the instant Motion for Reassessmor.t. tlli,; pursuant to Pa. R.C.? l029(c). Court finds that Def~ndants have admitted thc~e amounts" BY THE COURT: ~.;:----- THOMAS A. WHITE, J~ , i I , 'jl ..J..;." "1. m;!t[ <. . .. ':, ," , . " : , . ", , , \, 1>- J., VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties 18 Pa. c.s. 54904 relating to unsworn falsification to of authorities. DATE: August 14, 2001 CD ~A Daniel G. Schmieg, Esquire Attorney for Plaintiff _'iliibI.'~k'~ffl:' . \. -",~", .~~. - , - FEPERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 philadelphia, PA 19102-1799 (215\ 563-7000 GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION BARRY E. ZOOK DEBRA A. ZOOK, A/K/A DEBRA CONDRAD ZOOK, A/K/A DEBRA A. CONRAD NO. 00-3081-CIVIL AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on Auqust 14, 2001. BARRY E. ZOOK 601 HUNTINGTON AVENUE, F/K/A 25 HUNTINGON ST. ENOLA, PA 17025 DEBRA A. ZOOK 314 LINDA STREET DEER PARK, TX 77536 DATE: August 14, 2001 O~LA Daniel G. Schmieg, Esquire Attorney for Plaintiff ~" ~~!l",; !.. iiIIIiB~">'-'~' :-:'W --'ii&1~_"""'~- :, ~ , '"-'~~'llIIIliIi"'''''''''"'.''''''''''''OOIIk!lllIl~lilI'nIlIiIliiIl ~ ~~. ~ I N=' ~, ,-~ .~. ",~ ",- ~,y 'liilliiIHlil'" .,----,--,,,,. > I~~ ,0," _e~_," __ ^' '" ~~_liIlllll ~ 0 ~.: '1.-'" -0 en 0-_ A" ::~ fTlfi'! .'-' Z:I.-\ zr'- C (j) d_> -(.<--::.'- ~~-~'~, --( , )-:>C .. ~ z: :"'-) ~, =< Cr"' -< ~ = ~, -- ~ II ~ , il '~ I I - -" ENTIT1~~ VENDOR FAP.- Frothy of Cumberland County [FCUMB] CHECK DATE 8/14/20,01 CHECK NO. 150625 < DOC APPLY APPLY TO NO TO DATE INVOICE INVOICE DOC AMOONT DISCOUNT PAYMENT AMOUNT 150625 13617 4 08/14/01 217250844 9.00 0.00 9.00 ZOOK, B /~ f t I ( FEDERMAN & PHELAN 9.00 '. '-.'. ATTORNEY ESCROW ACCOUNT ONE PENN CENTER, SUITE 1400 ',":PcJi).~!-=ELBl"lI"', ~P".1~;tp,3,)@1,f (:Sf":':.""'" ""''''''',,~::-:,~';j[~l;~''~~:~;~'-l~''~~;~~::NH'''~~::I::t'.t....t'~;:a;:"~~::l;."'''';.''I(~;1!l~i!!tUa~.~~!~J-~;:~:~:'=I.'=-;>:..)~<tll'-;.'l"':.7;:::~'J~'''',&','';::''''''o;,~,;;,'~,;,,',,:,,;;,:.",.".., ATTORNEY ESCROW ACCOUNT PHILADELPHIA, PA 19148 150625 ONE PENN CENTER. SUITE 1400 PHILADELPHIA, PA 19103-1814 OFIM Oll-14-21JOl DATE 8/14/2001 AMOUNT ***********9.00 Pay NINE AND 00/100 DOLLARS VoId after 90 days To The Order Of Frothy of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisler FA 17013 l:~:,:,.:,:.. .':':-:-:. '::.'.: i 'r:':.:':'..:':,..JII;:H,....~l.1..111 l"ln."'!"i ~,..'~ l~i=<I!!. ;:;f.. ~o,.,."':'I.._~f.:'l1 nr~::l!J 1.~1;~:.:,:~K~}.I"l; 11I..; -iIII::i ;,'=!--':-'~',~I ::o;:~~:(, ,"" ~)!II,V~'l""~-"! ~" ~~::;",";"'"'1!!!'!:k ~~."" :1 ':JI'~~.":.'!'Fl.~".:':~:',v'.,,,.:'::..,,.,,. .... :;;~~ "", ~~'.'.".c,' -,'.~. - .<,;."... ,'.',--,', ",'>: "e~~,.^, ,,',' "".;>,,'" , ..,.,......:...,,:.:.:.:..:..:,:..~~~~ 1I.~50b2511. I:O:lbOO~aOal::Ib ~50abb bll' ~ -" I ~ - 'CC'[ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-03081 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS ZOOK BARRY E ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ZOQK BARRY E the DEFENDANT , at 0017:20 HOURS, on the 31st day of May , 2000 at 601 HUNTINGTON AVENUE ENOLA, PA 17025 by handing to BARRY ZOOK a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.92 .00 10.00 .00 37.92 1't~l"~~f R. Thomas Kline 06/01/2000 FEDERMAN & PHELAN Sworn and Subscribed to before By: me this ? f!:-' day of ~ c2iT7J/) A.D. Q IU.; 0. !Vi (RfJ~ - ~ ~rothonotary , .." , ,", ';"<-,;' SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-03081 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS ZOOK BARRY 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 inquiry for the within named defendant, DEFENDANT ZOOK DEBRA A AKA DEBRA CONRAD ZOOK AKA DEBRA A CONRAD ZOOK but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTI CE , NOT FOUND , as to the within named DEFENDANT , ZOOK DEBRA A AKA DEBRA CONRAD ZOOK AKA DEBRA A CONRAD ZOOK DEFT. NO LONGER RESIDES AT ADDRESS STATED, NOW LIVING AT: 314 LINDA ST, DEER PARK TX 77536 Sheriff's Costs: Docketing NOT FOUND RETURN Affidavit Surcharge 6.00 5.00 .00 10.00 .00 21. 00 County FEDE & PHELAN 06/01/2000 Sworn and subscribed to before me this ?tz? day of r ,)Jnn) A.D. ~ c:. )uk Pr onotary ~ { , -~ " , liiii!f~ t FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO, 12248 TWO PENN CENTER PLAZA, SillTE 900 PHILADELPHIA, PA 19102 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 ATIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CML DMSION TERM Plaintiff v. NO, tftJ- 30f"1 CUMBERLAND COUNTY BARRY E, ZOOK DEBRA A. ZOOK, AfKjA DEBRA CONRAD ZOOK, AfKjADEBRAA. CONRAD 601 HUNTINGTON AVENUE, FfKJA 25 HUNTINGTON STREET ENOLA, PA 17025 Defendant(s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE ""TIllS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIllS DEBT WAS NOT REAFFIRMED, TIllS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. "" You have been sued in Court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money 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 TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. /:;C~, We hereby certify the within to be a true and correct copy of the original filed of record FEDERMAN AND PHELAN CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTI AVENUE CARLISLE, PA 17013 (717) 249-3166 j~ Loan #: 217250844 I . ~ - "Hiiiil:rrJk" 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 2. The name(s) and last known address(es) of the Defendant(s) are: BARRY E. ZOOK DEBRA A. ZOOK, A/KJA DEBRA CONRAD ZOOK, A/KJADEBRAA. CONRAD 601 HUNTINGTON AVENUE, F/KJA 25 HUNTINGTON STREET ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3. On 12/24/87 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COMMONWEALTH NATIONAL BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 890, Page 994. By Assignment of Mortgage recorded 12/29/87 the mortgage was assigned to MELLON BANK, NA, which Assignment is recorded in Assignment of Mortgage Book No. 344, Page 647. By Assignment of Mortgage recorded 11/22/89 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 372, Page 737. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 1/1100 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." ..-., :<;::~"Yi f ~ ,. . , ~ ~""'"'~ 6. The following amounts are due on the mortgage: Principal Balance Interest 12/1/99 through 5/1/00 (per Diem $8.93) Attorney's Fees Cumulative Late Charges 12/24/87 to 5/1/00 Cost of Suit and Title Search Subtotal $31,802.23 1,357.36 800,00 80,65 550.00 34,590.24 Escrow Credit Deficit Subtotal 0,00 111.17 111.17 TOTAL $ 34,701.41 7, The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 34,701.41, together with interest from 5/1/00 at the rate of$8.93 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/ Frank F edennan FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff lRUE COPY FROM RECORD In Testimony whereof. I here unto set my hancJ and the seal of said Court at CarlIsle. PI. This } fr: day ~ ~. ,,2DrrJ (1...... - (-., ~f' I , Prothonotary ~,., ~, ~'tc GMAC Morl(,~ue Corporalion P,O,. Box 85671 Sar, Diego, CA 92186-5071 3451 Hammond Ave P.O. Box 780 Waterloo, IA 50704.0780 Servicing G"AIL..'" --:-'_._~ Mortgage Date: March 13, 2000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE ~ This is all orlicialllotice that the mort211ee on your home is in default. and the leuder inte~ds to Coredose, Spccific inCormation about the nature oC the default is Drovided in the attached Daees. The HO'mOW:\ER'S MORTGAGE ASSISTA.'I'CE PROGRAM (REMAP) mav be able to helD to save your home. This ~otice explains how the orOi!rain works. To see if IIK\IAP can help. you must :'IIEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counseline AeencY , The name, address and phone number of Consumer Credit Coonseline Aeencie! servine voor Coonty are listed at the end of this Notice. Ifvou have an". Questions.. vou may ClU the Pennsvlvania Housini! Finance A 2('11 e\' toll Cree at 1.800.342.2397, (Persons with impaired hearine can call (717) 780.1869), This Notice COli (a illS importantlegal informatioo, If you have any qnestion5. representatives at the Consumer Credit CoulISclillg 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 NOTlFICACI01\ EN ADJUNTO ES DE SmlA IMPORTANCIA, PUES AFECT A SU DERECHO A CONTlNUAR VIVmNDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE ESTA NOTlFICACI01\ OBTENGA UNA TRADUCCI01\ I:'IIMEDIATAMENTE Ll.AMAJ'IlDO EST A AGENClA (pENNSYI,VA1\1A HOUSING FINAJ"iCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, PUEIJ ES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOW1\J<:It'S K\IERGENCY MORTGAGE ASSISTAJ'IlCE PROGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A REDIl\IIR SU HIPOTECA HOMEOWNI':!('S 1\,"IE(S): PROPERTY ADDRESS: BARRY E. ZOOR 601 HUNTINGTON AVEN ENOLA, PA 17025'2629 LOAN ACCT. "0.: ORIGI:\'AI. I.E"IlER: CURRENT U:.'\IlElUSER\1CER: 217 250844 N/A GMAC Mortgage E)C\..\\~rr ~ ~ -~-"" ~";~I GMAC Mortgage Corporation P,O, Box 85071 Sail Diego, CA 92186-5071 3451 Hammond Ave P.O, Box 780 Waterloo, IA 50704-0780 Servicing GMAC Mortgage Dare: March 13, 2000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE ~ This is an official notice that the mort2a2e on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pa2es. The HOMEOWNER'S MORTGAGE ASSISTA:\CE PROGRAM (REMAP) mav be able to help to .ave vour home. This :-Iotice explains how the pr02ram works. To see ifllEMAP can help, you must ~IEET "UH A CONSUMER CREDIT COUNSELING AGENCY WImIN 30 DAYS OF mE DATE OF THIS l'iOTICE. Take this Notice with vou when vou meet with the Counselin2 A2encv. The name. address and Rhone number of Consumer Credit Counselin2 A2eneies servin2 VOUI' County are listed at tbe ead of tbis Notice, If vou have anY' questions, vou may call the Pennsvlvania Housin2 Finance A2cncv toll free at 1.800.342.2397, (Per.ons with Unoaired heariu can call (717) 780.1869), This Notice contain. important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agcncy ma)' 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 )'OU find a lawyer. LA NOTIFICACION Ei'." ADJUNTO ES DE SmlA nlPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENIlO EN SU CASA. SI:\O CD:\IPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBU:i'."GA UNA TRADUCCIO:\ nmEDIATAMENTE LLAMANDO ESTA AGE:\CIA (PENNSYLVANIA HOUSING FINM,CE AGEl'iCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEIlES SER ELEGIBLE PARA UN PREST A~IO POR EL PROGRAMA LLAMADO "HOMEOWNER'S E~lERGENCY MORTGAGE ASSIST ^,"CE PROGRAM" EL CUAL PUEDE SAL VAR SU CASA DE I,A PERDIDA DEL DERECHO A REDIl\DR SU HIPOTECA HOMEOWNER'S NA~lE(S): PROPERTY AIlDRESS: DEBRA A. ZOOR 601 HUNTINGTON AVEN ENOLA, PA 17025-2629 LO^," ACCT. NO.: ORIGI:-IAL LE:\DER: CURRE:\T LE:\DER/SERVICER: 217250844 N/A GMAC Mortgage EXHIBIT A ".~j(c IIO:\IEOWNER'S E:l-IERGENCY :l-IORTGAGE ASSISTANCE PROGRAM YOU MAY liE ELIGIBLE FOR FlNA.'iCIAL ASSISTAi'..CE WHICH CAJ'I SAVE YOUR HOME FROM FORECLOSURE AJ'iD HELP YOU :l-JAKE FUTURE MORTGAGE PAYMENTS IF YOU COMI'LY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANO: ACT OF 1983 (THE" ACT"), YOU:l-1A Y BE ELIGIBU FOR E~JERGENCY MORTGAGE ASSIS1A"CE: 11' YOUR DEFAULT HAS BEE:'>i CAUSED BY CIRCUMSTANCES YOUR CONTROL, IF YOU IIAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR ~IORTGAGE PAY:l-JE:'>iTS, A.'iD IF YOU :l-IEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY TilE PENNSYL V A.'UA HOUS~G FlNA,'1CE AGE:\'CY. TEMPORARY STAY OF FORECLOSURE -- ender the Act, you are entitled to a temporaIy stay of foreclosure on your mortgage Ie" thirty (30) days from the date of this :--Iotice. DtIring that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN TDE NEXT/30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSIST A;\"CE. YOU MUST BRING YO"LR MORTGAGE UP TO DATE. TIlE PART OF TIllS NOTICE CALLED "HOW TO CURE YOUR :\fORTGAGE DEF AUL T". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE, CONSUMER CI: EI>IT COUNSELING AG ENCIES -- If you meet with one of the consumer credit cOlmseling agencies listed at the end of this notice, the lender may :\"OT take action against you for thirty (30) days after the date of this meeting.The names. addresses and tele1lhone munbers of designated consluner credit counseling agencies for the county in which the 1lro1lertv is located are set foIth at the end ofthis Notice, It is only necessary to schedule one face-to-face meeti,,!O, Advise your lender immediate Iv of your intentions. APPLICA TIOXI'OR ~IORTGAGE ASSIST.-\. 'iCE -- Your mortgage is in default for the reasons set forth later in this !>."otice (se,' lelllowing pages for specific infonnation about the nature of your default.) If you have tried and are lmable to re,,' \'e this problem with the lender, you have the right to apply for financial assistance from the Homeowners En"Tgency \Iortgage Assistance Program, To do so, you must fill out, sign and file a completed Homeowners En,,'rgency Assistance Program Application with one of the designated conSluner credit cOlmseling agencies listed at lhe end of this l'otice. Only conSluner credit cOlmseling agencies have applications for the program and they will assi,t you in Sllbmitting a complete application to the Pennsylvania Housing Finance Agency. Your applicatioll .'.1L"ST be filed or postmarkod within thiIty (30) days of you face-to-face meeting. YOU MUST Fill' YOUR APPLICATION PRO:l-IPTI.Y, IF YOU FAIl, TO DO SO OR IF YOU DO NOT FOLLOW THL I JTllER TI~IE PERIODS SET FORTH IN THIS UTTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IM:l-IEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE \'.11.1. BE DENIED. AGENCY ACT'. IN -- Available fimds for emergency mortgage assistance are very limited. They will be disbursed by the Agency u" ler the eli!Oibility criteria established by the Act. The Pennsylvania Housing Finance Agency has si,,<ty (60) days to :nake a decision after it receives your application. DtIring that time, no foreclosure proceedmgs will be pursued a,'ainst you if you have met the time requirements set forth above. You will be notified drrectly by the Pennsylvania ,lousing Finance Agency of its decision on your application. - EXH\BIT A .-0 - I ~ , , - --'Y-~ NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BAJ'lKRUPTCY ] THE FOLl,O\HNG PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND ' SIIOill,D :'I'OT BE CO:'l'SIDERED AS A.'1 ATTE:\IPT TO COLLECT THE DEBT. (1 f you have med bankruptcy you can stilI apply for Emergency Mortgage Assistance.) ., HOW TO CURE YOUR MORTGAGE DEFAULT lBrin2 it up to date), NATURE OF Tll E DEFAULT -- The MORTGAGE debt held by the above lender is on your property located at: 601 Huntington Aven Eno1a, PA 17025'2629 IS SERIOUSLY IN DEFAULT because: YOU ILl, VE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the fOllowing amounts are now past due: January 1, 2000 through ~arch I, 2000. See attached Exhibit for payment breakdown. Monthh Payments Late Cli"rges NSF Inspections Other Suspense' 1,242.99 350.12 0.00 14.50 0.00 TOTAl. A:\IOUl\T PAST DUE: 1,607.61 B. YOU HAVE F ,\ILED TO TAKE THE FOLLOWI/liG ACTION (Do not use if not all1l1icable ): HOW TO CURl: TilE DEFAULT -- You may cure the default within THIR1Y (30) DAYS of the date of this notice BY PAYL\G THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1,607.61 ,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING "]'1 IE THIRTY (30) DAY PERJOD, Payments must be made either by cash. cashiets check. certified check or money order made llayable and sent to: GMAC Mortgage Corporation ATTN: Payment Processing P.O. Box 780 Waterloo, IA 50704-0780 You can cure any ntherdefault by taking the following action within THIR1Y (30) DAYS of the date of this letter: (Do not use ifno:;'1111licable.) Not Applicable IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIR1Y (30) DAYS of the date ofthis Notice, tIOl', lender intends to exercise its ri2hts to accelerate the mort2af.e debt, This means that the entire outstanding bal",,,. of this debt will be considered due immediately and you may ose the chance to pay the mortgage in monl;,ly installments, Iffull payment of the total amount past due is not made within THIR1Y (30) DAYS, the lender ,d50 intends to instn,ct its attorneys to start legal action to foreclose upon your mortl!3l!Cd propertY , IF THE MORn;AGEIS FORECLOSED UPON n The mortgaged property will be sold by the Sheriff to payoff the mortgage dek If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proce'cdings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. Howeyer, if legal proceedings are started against against you, you will haye to pay all reasonable atton1l'Y's fees actually incurred by the lendereyen if they exceed $50,00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If yOU cure the (i,'fault wiihin the TmRTY (30) DAYS period. you wI'll not be reauired to pay attorney's fees. EXHIBIT A . " .b&lII<;lk; OTHER LE~DF1( RE:\IEDIES -- The lender may also Sl.e you personally for the \mpaid principal balance and all other SlunS due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the defaultwilhin the TIlIR1Y (30) DAY period and forecloSlIft proceedings have beg.m, vou still have the ri2ht to cure the default and llrevent the sal e at any time Ullto one hour before the Sheriffs Sale , You may do so by navine: the total arnOlmt then llast due. Dlus anv late or other chaNes then due. reasonable attornev's fees and costs connected with the forecloSllre sale allll anv other costs connected with the Sheriffs Sale as sllecified in writine: bv the lender and bv llerfonnine: anv other reQUIrements under the morte:ae:e, Curing your default in the manner set forth in this uotiee will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIRLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged I"operly could be held would be approximately six (6) mouths from the date of this Notiee, A notice Qfthe actua. date of Lhe Sheriffs Sale will be sent to you before the sale, Of course, the arnmmt needed to cure the default will increase the longer you wail. You may fmd out at any time exactly what the required payment or action will be by \,;ontacting the lender. HOW TO CONTACT THE LENDER: Name of Le"der: Address: GMAC Mortgage Corporation 401 West 24tn Street National City, CA 91950 Phone )lumber: Fax Number: Conti<et Person: (800) 850 -4622 (619) 470-5579 Collection Department EFFECT OF SnnUFJ"S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy il. If you contimle to live in the property after the Sheriffs Sale, a lawsuit to remove you and your lilmishings and other belongings could be started by the lender at any time. ASSUMPTION OF :\IO](TGAGE -- You mayor may not sell or transfer your home to a buyer or transferee who will assume the mel igage debt, provided that all the outstanding payments, chalges 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 :\J.-\Y ALSO HAVE THE RIGHT: TO SELL TilE I'ROPER1Y TO OBTAI:\ \IO:\EY TO PAY OFF TIlE MORTGAGE DEBT OR TO BORRO\'>' \IO:\I,Y FROM A:\OTIlER LE:\DI:\G INSTITUTION TO PAY OFF TIllS DEBT. TO HAW THIS DEFAULTCCREDBY A:--',' THIRDPAR1Y ACTING ON YOUR BEHALF, TO HA VITI If \ 10RTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL THAD OCCURRFD.IF YOC CURE TIlE DEFACLT. (HOWEVER, YOU 00 NOT HAVE TIllS RIGHT TO CURE YOCR PH' ACLT \10RE THAS TIlRH TIMES IN A1W CALENDAR YEAR,) TO ASSERT TIll', NONEXISTE:\CE OF A DEE AULT IN ANY FORECLOSURE PROCEEDING OR A", 011 ;ER LA WSClT I:\STIITTED L":\DER THE MORTGAGE DOCUMENTS, TO ASSrn..\ '\Y OTHER DEFFSSE YOl' BELlEVE YOU ~1AY HAVE TO SUCH ACTION BY TIlE LENDE](, TO SEEK PROTLCTION Ul'<'DER TIlE FEDERAL BANKRUPTCY LAW. CONSl' \1 U( CREDIT COIDiSELI~G AGE:-iCIES SERVING YOUR COUNTY IS ENCLOSED EXHIBIT A "" 'ilii Pennsylvania Housing Finance Agency Homeownet"'s Emergency Mortgage Assistance Program Consumet" Ct"edit Counseling Agencies (Rev. 5/99) Lc7COC1ing-Clil:r.o" Caunces Om.c::u.s.sIOQ COOl" C . 2138 Lincoln 5 .. a=lUUt"f Ac::ian (STEP) .1'. O. Box 1325 ~. 'Vt;.lli.=spor:. PA 17703 (5,0) 325-<l5d7 FA.."!: (570) 322-2197 ioCCS aOfor_i.e"""""" PA b~ 1 Bas~ S~o, ..Uliam3 ~c_. (5-0 port, PA 17703 , ) 323-0627 r_~"!:(570)323-o626 CLINTON COUNTY CCCS ofNor.lleastern P!\' 1531 S Ather""n St . Suite 100 St:lte College, PA 15801 (814) 238-3668 F.~"{(814) 238-3569 COLUMBIA COlJ1'oTI cces of~or-_i.eastern PenilSvlvania 1400 Abingtcn E..'tOC'.lcve Park Suite 1 Clarlts Summit: PA 18411 (570) 587-9153 ad800) 922-9537 FA,"{ (570) 587-913419135 31 W. Marlut Sc...et POB 1127 W'1lkes.Bar:e. P.'\. 18702 (5701 821-0837 or (800) 922-9537 FA.."!: (570) 821.1785 Commission on Economics Opportunity of Lu:zern.e Count::r 183 .\mber Lane W'Ukes-Bar:e, PA 18702 (570) 826-<l510 or (800) 822-0359 F.~"{ (570) 829-1665-CALL BEFORE FA."<lNG (570) 4554994 Ii....zELTON F.~"{ (570) 455-5631-CALL BEFORE F.~"<lNG (570) 8364090 TUNKH...."""OCK Boolur T. Washington Center 1720 Holland St:'eet Erie, PA 16503 (814) 453-5744 F_~"!: (814) 453-5749 John F, K..nnedy Center, Inc. 2021 East 20th. St~t Erie, PA 15510 (814) 898-0400 F.~,,{(814) 898-1243 CCCS o(We.tern Pennsv{vania. Inc. 2000 Ling!estown Road' F...:='.sburg, P.'\. 17102 (717) 541-1757 Urban League oOlet:'Opolitan Harrisburg N. 6th St::eet Har:'.sburg, PA 17101 (717) 234-5925 F.~"!: <il7) 234-9459 Co=unit'f .-'.c:ion COaml of the Capibl Region 1514 Oer:-v Sc...et Harr'.sbu:i, P.'\. 17104 (717) 232-9757 FAX (717) 23+-2227 CRAWFORD COL"l'<TI Grearar Erie Co=unit"f .-'.c:ion CoClmit"-"" 18 We.t 9t.i. Sc...et Erie, PA 15501 (814) 459-4581 FAX (814) 456-0161 She=go Valley t: <ban League. !nc 601 Indiana Avenue Farrell. PA 15121 (412) 981-5310 CUMBE1l.l.A....."1) CO'l.;"N'1'Y Financial COWlSeling Sertico..s of F::utklin 31 West 3rt! St::eet Waynesborn. P.'\ 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carliale. P.'\ 17013 (717) 243-3818 F.~"< (717) 731-9589 Adams COUllt"1 Housing Authorlt"f 139-143 Carlisle St G.ottysbW'i. PA 17325 (717) 334-1518 F.~"!:(717) 334-8325 EXHIBIT A PENNSYl.VAHIA BULl.ET1N, VOl.. 29, NO. 2:l, JlJNE 50 1999 . - ~,,~, , , ALto THAT CERTAIN tract or E'arceJ. of J.ana with th.a buildings ar,d improve~ents thereon erected situate in East Pennsboro TownShip. Cumberland County. Pet,nsylvania. more particularly boundea and described as foJ.lows. to wit: BEGINNING a1;. a point at. the Northwesterly corner of Huntingtoll Street and Chester Avenue: thence aJ.ong tha,Northerly line of Huntingto,n, Street S,outh,_ 87, degrees 30.,minutes West. J.OO feet .~o a poi.nt:' 'the~ce,N!=';:th ,;Z degree,s, 30 minutes West, 1.<12 fee':, to ;\ point. at the ,~,oU1:.ne!=lY..,line of a. ~S feet pUblic alley; thence along same N9~~~_~7,~~qrees ~9 m~nutes East. 100 feet to a point on th,e..Wes.te;:lY, 1iD..e, of Chester,-Avenue aforesaid; thenea '41.ong same. So.U'eh 2 "deg-rees 3<;1' ,minutes East, ~'l2 feet to a ",oi:1.t the pl.aee of Beginning. -. Being premises known as No. 601 Huntingt,on, Avenue I former1y known as 25 Huntington Street. BEING the sa~e premises which John S. Putt and Mary Helen Putt, his wife. by, their, Deed dated -January 1.:1.. J.957. and recorded ill' the O~eiee of Recorder of Deeds ~n and for Cumcerland County. PennsyJ.van~a. in Deed Book "0". Vol. 17. Page 578. granted and conveyed unto Charles William Snyder and Olq~a A. Snyder. his wife. said Olg-ia A. snyder having died on /174,:+ .:23, / f<5~-. r:.itle, thereto vested in Charles WiJ.lia~ Snyder. a/~a Charles W. snyder. PREMISES: 601 HUNTINGTON AVENUE ~ . l"- 'b~. . ' VERIFICA nON SHIRLEY J, EADS hereby states that she is FORECLOSURE SPECIALIST ofGMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties 'of 18 Pa, C.S, See, 4904 relating to unsworn falsification to authorities, DATE: 5/1 ~16CJ l "'b!iI ~ ~ . ; I ~" :<11-,_ . " ."'11 ~ - '~","~,-~ -.~ . "' . ~" .- ;..'.... OFF~} , :~}H~i~Jf:f r:i 1~:+ ~'I' t1 ..--.,o'f' H{\y I n ~~ -, IJ ,} , ,j I:, , ':) , ; ,,- ,". : r: Jlf!T""'l;\lJ\l!MIM!lffl!ffiI!!IIll, ",,_,~~~~ "~~ ~~ '__"~""'''''''''''I~~~_~~,",~,~IIlilfW~Wil~~~'l1!ffl'l!flJm$'~f'i!'''''~~~'\'Hl'I~~.IID~ ,_ I C-,-"' I.. ,- L.c. " " FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTlFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 COURT OF COMMON PLEAS CML DMSION ATTORNEY FOR PLAINTIFF Plaintiff TERM NO, trlJ. 30$1 ~ I~ CUMBERLAND COUNTY v, BARRY E. ZOOK DEBRA A. ZOOK, A/KJA DEBRA CONRAD ZOOK, A/KJA DEBRA A. CONRAD 601 HUNTINGTON AVENUE, F/KIA 25 HUNTINGTON STREET ENOLA, PA 17025 Defendant(s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIllS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money 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 TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, We hereby certify the within to be a true and correct copy ofthe original filed of record FEDERMAN AND PHELAN CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan#: 217250844 ,''!!IIO., /~,,'" 4 ~ -. "- 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 2. The name(s) and last known address(es) of the Defendant(s) are: BARRY E. ZOOK DEBRA A. ZOOK, NKJA DEBRA CONRAD ZOOK, NKJA DEBRA A. CONRAD 601 HUNTINGTON AVENUE, FIKIA 25 HUNTINGTON STREET ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3, On 12124/87 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COMMONWEALTH NATIONAL BANK which mortgage is recorded in the Office of the Recorder ot1CUMBERLAND County, in Mortgage Book No, 890, Page 994. By Assignment of Mortgage recorded 12/29/87 the mortgage was assigned to MELLON BANK, N,A., which Assignment is recorded in Assignment of Mortgage Book No. 344, Page 647. By Assignment of Mortgage recorded 11/22/89 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 372, Page 737, 4. The premises subject to said mortgage is described as attached, 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 1/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit" A. " ~'{ Ii [' Ii i: I, I F !, i I i' , " ,- i. .~. - -~~'M,: 6, The following amounts are due on the mortgage: Principal Balance Interest 12/1/99 through 5/1/00 (per Diem $8.93) Attorney's Fees Cumulative Late Charges 12/24/87 to 5/l100 Cost of Suit and Title Search Subtotal $31,802.23 1,357.36 800.00 80,65 550,00 34,590.24 Escrow Credit Deficit Subtotal TOTAL 0,00 111.17 111.17 $ 34,701.41 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sherif1's Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A," 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii,) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 34,701.41, together with interest from 5/1/00 at the rate of$8,93 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/ Frank Federman FRAJ{KFEDE~,ESQlITRE Attorney for Plaintiff TRUE COpy FROM RECORD . , 10 Testimony whereof. I here unto set my hano and tile seal of said Court at Car1lsle. ~ This r~ day ~~.. ~2Z1L ~... ;'1" () ~-, , ~ Prothonotary l.~ . . - ~~ i!!'. Servicing ", GMA I" ...(.'..'.i.".C.... i c' ' j, H Mortgage "' GMAC Mort('~(;e Corporation P,q, Box 856'7r Sa" Diego, CA 92186-5071 3451 HammOnd Ave P.O. Box 780 Waterloo, IA 50704-0780 Date: March 13, 2000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE ~ Tbis h an official notice tbat tbe mort2a2e on vour bome is in defanlt. and tbe lender intends to foreclose. Snecifie information abont tbe nature oUhe defan!t isorovided in the attached oa2es. ), Tbe HOMF:OW~ER'S MORTGAGE ASSISTA,,'o/CE PROGRAM (BEMAP) mav be able to helD to save vour bome. Tbis ~otice exolains how the or02ram works, To see if lIDIAP can helD. vou must :\IEET WITH A CONSUMER CREDIT COUNSELING AGEJ'iCY WITIlIN 30 DAYS OF THE DATE OF TBIS NOTICE. Take this Notice with vou when vou meet with the Counselin2 A2encv. . The name. address and ohone nnmber of Consumer Credit Counselin2 A2encies servin!! vour County are listed at tile end oUhis Notice, Uvou have anv questions. vou mav call the Pennsvlvania Bousin!! Finance A~"lIcv toll free at 1-800-342-2397. (Persons with imoaired hearin2 can call (717) 780-1869). 1, ~; I I I ; This Notice co"l"ins important legal information. Uyou have any qnestions, representatives at the Consnmer Credit Counseling Agency may be able to belp 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 NOTIFICAClO:\ E~ ADJWlTO ES DE SU:\IA IMPORTAJNCIA, PUES AFECTA SU DERECBO A CONTINUAR VIvmNDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO:\ OIlTE:\GA UNA TRADUCCION IMMEDIATAMENTE U.AMAJNDO EST A AGENCIA (PENNSYI.vA:\IA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEIl ES SER EI.EGIBLE PARA WI PREST AMO POR EL PROGRAMA LLAMADO "BOMEOW:\Elt'S EMERGENCY MORTGAGE ASSISTAJNCE PROGRAM" EL CUAL PUEDE SALVAR Su CASA DE LA PERDlDA DEL DERECBO A REDII\UR SU HIPOTECA BOMEOWNJo:lt'S :\,nlE(S): PROPERTY AIlIlRESS: BARRY E. ZOOR 601 HUNTINGTON AVEN ENOLA, PA 17025-2629 LOAJ'i ACCT. :\0.: ORIGI:\AI. U:.'\IJJo:R: CURRENT LE:\IJEIUSER\1CER: 217 250844 N/A GMAC Mortgage E)CH\'B\" ~ "'-~ ~ iiIiIU ". _..w~ I,f[- I, GMAC Mor'aage Corporation Servicing P,Q, Box 85 71 i San Diego, CA 92186-5071 GMAC 3451 Hammond Ave " ' .' II P,Q. Box 780 Mortgage I' Waterloo, IA 50704-0780 " " I' ,[ Date: March 13, 2000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE I' .\' " 'I ~i q >:! ~ This is an official notice that the mort!a!e on your home is in default. and the lender intends to foreclo.e. SDecific iI,formation about the nature of the default is Drovided in the attached pa!es. '~ i To see ifIlE:\IAP can helD. \'Ou must :\IEET \nTH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS :\"OTICE, Take this Notice with vou when vou meet with the Coun.elin! A!encv. The name. address and Dhone number of Consumer Credit Counselin! A!encies servin! vour County are listed at the end of tltis Notice. If vOU have anv auestions. vOU mav caD the Pennsvlvania Housin! Finance A!.ncv toll f"ee at 1-800-342.2397, !Person. with imDaired hearin! can call (717) 780-1869). Ii , Ii The HOMEOWNER'S MORTGAGE ASSISTA ","CE PROGRAM IHEMAP) mav be able to helD to save vour home. This ~otice eXDlains how the DrOl!J'3m works. This Notice cont,dns important legal information. If you have any questions, representatives at the Consumer Credit Coun.elin g Agcncy may be able to help explain it. You may' also wanttn contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION E:-i ADJUNTO ES DE SmlA I:\IPORTAi"CIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENHO EN SU CASA. SI:\"O CmlPRENDE EL CONTENIDO DE ESTA NOTIFICACIO:\" OBTE:\"GA UNA TRADUCCIO:\" HnIEDlATAMENTE LLAMANDO ESTA AGENCIA (PENNSYL V AMA HOUSING FINAJ"ICE AGE:\"CY) SIN CARGOS AI" NUMERO :\IENCIONADO ARRIBA. PUEHES SER ELIGIBLE PARA IDi PRESTA:\IO POR EL PROGRAMA LLAMADO "HOl\IEO\\'NER'S E:\IERGE:'>iCY MORTGAGE ASSlSTAJ"ICE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE I.A PERDIDA DEL DERECIlO A REDlMIR SU HIPOTECA HO:\IEOWNER'S :\"A:\IE(S): PROPERTY ADDRESS, DEBRA A. ZOOK 601 HUNTINGTON AVEN ENOLA, PA 17025.2629 LOA"I ACCT. NO.: ORlGI:\'AL LE:'\DER: CURRE:-iT LE:\HERlSERVICER: 217250844 N/A GMAC Mortgage EXHiBiT A ~"- I 1-- . ii\o_' :.; Ii HO:\IEOWNER'S E:\IERGE~CY :\IORTGAGE ASSIST MICE PROGRt~'1 I 'I' YOU:\I,\ Y BE ELIGIBLE FOR Fl~t~"iCIAL ASSISTA."iCE WHICH CA." SAVE YOUR HOME FROM I;ORECLOSURE AND HELP YOU :\IAKE FUTURE MORTGAGE PAYMENTS '" Ii: IF YOU COMI'LY WITH THE PRO\1SIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTA:-ICE ACT OF 1983 (THE" ACT"), YOU :\IAY BE ELlGIBI.E FOR EMERGENCY MORTGAGE ASSISTA.'liCE: , i: :i' IF YOUR DEFAULT HAS BEE~ CAUSED BY CIRCUMSTANCES YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR ~IORTGAGE PAUIE:It"TS, A.'liD IF YOU :\IEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY TilE PENNSYLVANIA HOUSr.\'G FI:-IA.'1CE AGENCY. TEMPORARY STAY OF FORECLOSURE .. Under the Act, you are entitled to a temporaI)' stay offoreclosure on your mortgage l(lT thirty (30) days from the date of this )lotice. Thrring that time you must arrange and attend a "face.to.face" meeting with one of the consurnercredit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITmN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSIST Al\CE. YOU MUST BRING YOCR MORTGAGE UP TO DATE. TIlE PART OF TIllS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEF AmT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER C]( EDIT COUNSELING AGENCIES .. If you meet with one of the consmner credit cmmseling agencies listed at the end of this notice, the lender may ~OT take action against you for thirty (30) days after the date of this meeting, The names. addresses and telellhone munbers of desi211ated consumer credit cmmseline aeencies for the county in which the orooertv is located are set forth at the end of this Notice, It is only necessary to schedule one face.to-face meetille, Advise your lender inunediatelv of your intentions. APPLICATIO:\" FOR :\IORTGAGE ASSISTA."iCE -- Your mortgage is in default for the reasons set forth later in this l"otice (se,' !()llowing pages for specific information about the nature of your default.) If you have tried and ate lmable to rese ,'e this problem with the lender, you have the right to apply for financial assistance from the Homeowners En"Tgency ~-[ortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners Erll.' rgency Assistance Program Application with one of the designated conSluner credit cmmseling agencies listed allhe end of this ]\;otice, Only conSluner credit cmmseling agencies have applications for the program and they will assist you in Sllbmitting a complete application to the Pennsylvania Housing Finance Agency. Your applicatioll :, ICST be filed or postmarked within thirty (30) days of you face-to.face meeting, YOU MUST FII Y YOUR APPLICATIO~ PRO:\IPTI.Y, IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE l JTlIER TI:\IE PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AG,\I~ST YOUR HOME UUIEDIATELY t~'1D YOUR APPLICATION FOR MORTGAGE ASSISTt~'1CE \"11.1. BE DENIED. AGENCY ACTI' )~ -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency 11(' tor the eJieibility criteria established by the Act. The Pennsylvania Housing Fmance Agency has sixty (60) days to ,nake a decision after it receives YOllf application. During that time, no forecloSlIl"e proceedmgs will be pursued ",'ainst you if you have met the time requirements set forth above, You will be notified drrectly by the Pennsylvania: lousing finance Agency of its decision on your application. EXH\B\T A ._c --~ , " -~, , fi; NOtE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BAl'lKRUPTCY THE FOLLOWL"iG PART OF THIS ~OTICE IS FOR INFORMATION PURPOSES ONLY AND ' SIIOm.D :-\OT BE CO:-\SIDERED AS A.'I ATIE:\-IPT TO COLLECT THE DEBT. (1 f YOII have med bankruptcy YOII can still apply for Emergency Mortgage Assistance.) I" " i: !'l HOW TO CURE YOUR ~IORTGAGE DEFAULT (Brin2 it 110 to date), NATURE OF Tll E DEFAULT -- The MORTGAGE debt held by the above lender is on your property located at: 601 Huntington Aven Eno1a, PA 17025'2629 IS SERIOUSLY IN DEFAULT because: YOU ll:\ VE NOT MADE MONTHLY MORTGAGE P A YMEl'-liS for the following months and the f0110winQ amounts are now past due: January 1, 2000 through March 1, 2000. See attached Exhibit for payment breakdown. Monthh' Pavments Late C1;'''ges NSF Inspections Other Suspens,' 1,242.99 350.12 0.00 14.50 0.00 TOTAl. A:\IOU;\T PAST DUE: 1,607.61 B. YOU HAVE F AILED TO T AleE THE FOLLOWIl'G ACTION (Do not use if not annlicable ): HOW TO CURl: TIlE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYI"G THE TOTAL ^,\IOUNT PAST DUE TO THE LENDER, WHICH IS $ 1,607. G1 ,PLUS .-\.,-y :<.10RTGAGEPAYMENTS AND LATE CHARGES \",HICH BECOME DUE DURING TI IE THIR'!y (30) DAY PERIOD, Pavments must be made either bv cash, cashiers check. certified check or monev order made navable and sent to, GMAC Mortgage Corporation ATTN: Payment Processing P.O. Box 780 Waterloo, IA 50704,0780 You can cllre any Diller default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do notllse ifnn' :>\l11licahle,) N tAl' '1 o pp leaD e IF YOU DO NOT CURE THE DEFAULT ulfvou do not cure the default within THIRTY (30) DAYS ofthe date of this Notice, thc lender ihtends to exercise its ri hts to acc,eIerate the mort a e debt, This means that the entire olltstanding bala",:c ofthi. debt will be considered due immediately and you may ose the chance to pay the mortgage in montldy installments, Iffull payment of the total amount past due is not made within TIIlRTY (30) DAYS, the lender :11 so intends to instnlct its attorneys to start legal action to Coreclose UDon vour mort2a2ed Dronerty, IF THE l\IORTC AGE IS FORECI.OSED UPO~ -- The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proc,'cdings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50,00, However, iflegal proceedings are started against against you, you ~ll have. to pay all reasonable attoDwy" 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. Ifvou Cllre the (:"r"ult within the TIDRTY (30) DAYS period. vou wiD not be required to Dav attornev's fees. EXHIBIT A .- J ~ - ~ ~ *i' OTHER I.E;\iDEI( RE:\IEDIES -- The lender may also sue you personally for the unpaid principal balance and all other slUns due under the mortgage, RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE --If you have not c\lred the default within the TIlJRTY (30) DAY period and foreclosure proceedings have begun, vou still have the ril!bt to cure the default and Drevent the sale at anv time UD to one hour before the Sheriff's Sale. You mav do so by navin!! the total amount then Dast due. Dlus anv late or other char1!es then due. reasonable attornev's fees and costs connected with the foreclo~re sale ami anv other costs connected with the Sherifl's Sale as sDecified in writin!! by the lender and bv DerfornUn!! anv other reamrements under the mort!!a!!e, Curing your default in the manner set forth in this notiee will rest"rc your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SAI.E DATE -- It is estimated that the earliest date that SIIch a Sherifl's Sale ofthe mortgaged J" operly could be held would be approximately six (6) months from the date of this Notiee. A notice of the aclt'"' date of lhe Sheriff's Sale will be sent to you before the sale. Of course, the amOlmt 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 h)' contacting the lender. HOW TO CONTACT TilE LENDER: Name of Lender: Addrcs s: GMAC Mortgage Corporation 401 West 24th Street National City, CA 91950 PhOne:: ~umbcr: Fax N'Jmber: Cont,;ct Person: (800) 850'4622 (619) 470-5579 Collection Department EFFECT OF SnLRU'F'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Shenfl's Sale, a lawSllit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF :\IOI:TGAGE -- You may or ma~' not sell or transfer your home to a lmyer or transferee who will assume the mOl igage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or atlhe sale and that the other requirements of the mortgage are satisfied. YOU 'lAY ALSO HAVE THE RIGHT: TO SELl. TIlE PROPERTY TO OBTA]:,\ ~lOVY TO PAY OFF TIlE MORTGAGE DEBT OR TO BORRO\\' ~IO:"I,Y FROM ANOTHER LE:\DI:\G INSTITUTION TO PAY OFF THIS DEBT TO HAVE THIS DEFAULT CURED BY A),,' THIRD PARTY ACTING ON YOUR BEHALF, TO HA VI' 'I'llI' ~IORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURR}'I), IF YOC CURE THE DEFACLT (HOWEVER, YOU 00 NOT HAVE THIS RlGHT TO CURE YOlK DH ACL T MORE THA:'\ THRl;E TIMES IN ANY CALENDAR YEAR.) TO ASSFRT 1'1 II: NONEXISTENCE OF A DEFAU.T IN ANY FORECLOSURE PROCEEDING OR A;-''Y 01'1 lER LA WSCIT I:'\STITCTED C:\DER THE MORTGAGE DOCUMENTS, TO ASSrn ,\ -.;,. OTHER DEFE"SE I'm' RELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER, TO SEEK l'ROTI',CTION UNDER TIlE FEDERAL BANKRUPTCY LAW, CONS1'\IE1: CREDIT COUNSELING AGE~'CIES SERVING YOUR COUNTY IS ENCLOSED EXHIBIT A . .' '~~- '~, Pennsylvania Housing Finance Agency Homeowner's Emergency Mortgag~ Assistance Program Consumer Credit Counseling Agencies (Rev. 5/99) L7COIl1ing.Clic"'n Counties Colnlltiss' l:' . 2138 !..inc:ll: ~~So=w:ut'j A.c:ion (STEP) p. 0, Box 1323 --- Willi.:unsocr-.: tl:\ 1--0 (5-0)3' -" ,,3 , :~5dj FA..'C (570) 322.2197 ~CCS of ~or-~'le:1St.e~ P.>" 1 a""", St:-.!.. WUliam.. -- (5-0) port, PA 17703 j 323..0627 F_~'C,(570) 323-ao26 CLIN'rON CotINTY CCCS ofNor-.heaste~ P!\. 16~1 S Ather-.:on St .. Swte 100 St:lte College. PA 16S0 1 (814) 238-3668 F_~(814) 238-3669 COLtJ"7ilBIA COl.J1't"TY 31 W. Market St:-eet FOa U27 W1lkes-B=. FA 18702 (570) 821-<)837 or (SOO) 922.953. F.~'C(5.0) 821-1785 Commission on Ec:lnornio OpportuIlit"J of Lu:erne Co=t"! 163 _~ber Lane W1lkes.B=. PA 18702 . (510) 826-0510 or (800) 822-0359 F..~'C (570) 829-1665-CALL BEFORE FA."'aNC (570) 4554994 l:L-'lZELTON F_~'C (570) {S5-5631-CALL BEFORE F.~"'aNC (570) 836-4090 TU1't"KE.-\J,""NOCK CCCS of)(or-_'leastern PenllSv!vanla 1{00 .\bington Exec-.lcve Park Suite 1 Clarks S=.rnitt PA 184U (570) 587-9163 od800) 922-953. F.~'{ (570) 567-913-109135 Booker T. Washington Center 1720 Holland St:'l>et Erie, PA 16503 (814) {53-5744 F_~,{(81{) 453-57{9 John F. K..nn.edy Center, Inc. 2021 East 20t.'l St:-e<!t Erie, PA 16510 (81{) 898-0400 FA-X (814) 898-1243 CRAWFORD COl,1't"TY Greater Erie Co=unit"j "":ion Co=it'".ee 18 West 9th Street . Erie, FA 16501 (814) {59-l581 F.~ (814) 456-0161 She=ngo Valley 1.; rban teague. Inc 601 Indiana Avenue F=eU. FA 16121 (412) 981-5310 CCCS of Wester:> Pennsv!vania, Inc. 2000 ting!estown Road . F....",...burg. F.>" 17102 (717) 541-1757 Urban League of "letropolit3n F....",...bur;r N. 6th St:r'eet H.ar:"..burg, PA 17101 (717) 234-5925 F A-'C (717) 234-9459 Co=unit'j .~:::on Co= of the Capital Region 1514 Der.v St:'eet Han-'..buri;, FA 17104 (717) 232.9757 F.~"{ (717) 234-2227 n"MBER.LA.. 'lD COl,1't"TY Fin!lnt"'!'!Il Counseling Serrices ofF:"3l1klin 31 West 3rt! Street Wayuesbor<l. P.>" 1n68 (7l7) 762-3285 YWCA of Carlisle 301 G St>=t Carlisle. FA 17013 (717) 243-3818 FA.'{ (711) 731-9589 Adams Count"l Housing Aut.'lorit'j 139-143 Carlisle St c"ttysburg, P.... 17325 (117) 334-1518 F.~"{ (717) 334-8325 EXHIBIT A PENNSYl.VAN/A SUu.ETlN. VOL 29, NO. 2:3, JUNE 5, 1999 -, ~-^ ~~ ~ . ~" ALl:. THAT CERTAIN tract or l?arce1. of lanCl ",ien th.. buildings ar,Cl improvements thereon erected situate in East Pennsboro TownShip, Cumberland County, Pet.nsylvania, more particularly bounded and describeCl as ~o1.lows, to "'it: BEGINNING at a point at the Northwesterly corner of Huneington Street and Chester Avenue: thence along tne,Nortnerly line of Huntinqto,nStreet S,outh.,. 87, de<;zrees 30.lninut.es West, lOa feet ':0 a point;"ther>"ce,Np;t.h ,2 degree,s, 30 minutes West.. 1.'12 feet, to ,1 point' at the South'erly..line pf a 15 feet pUbl.ic alley; thence along same N9i;:'t,h.B,7:.deqrees 3,9 minutes EaSt. lOa feet to a point on the, West'er'ly, 1ine, of Chester'.Avenue aforesaid.; thene. 'a:long saine 'South 2 "deg-ree's 39' ,minutes East, 1.4.2 feet to a 1'oi:1t the place of Beginning." Being- premises known as No. 601 Hunting-t,on Avenue I formerly known as 25 Hunti.ngton Street. BEING the same premises which John S. Putt and. Mary Helen Putt. his ",if... by, their, Deed dated -January 1.1.. 1.957, and. reeorCled. in tbe O~fiee of Reeorder of Deeds in and for CumberlanCl County. PennSYlvania. in Deed Book "0", Vol. l7, Page 578, qran~ed aod. conveyad unt.o Charles William Snyder and Olqia A.Snyder. his wife. Said Olqia A. snyder having died on /174.:;t .:<3, / r'6"!;)-. l:itle thereto vested in Charles William Snyder. a/~a Charles w. snyCler. PREMISES: 601 HUNTINGTON AVENUE " . . VERIFICATION SHIRLEY], EADS hereby states that she is FORECLOSURE SPECIALIST ofGMAC MORTGAGE CORPORA nON mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification. and that the sratements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, infomlation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S, Sec, 4904 relating to unsworn falsification to authorities, DATE: 5/ ~ (j U 0- ~~~"1{,_, ;'.' II: , 1\1 !' -l!!!B @S c;:::lI ~ [...) . . ~~' OFF:' I:',L'-- !,C' T ,,, ,- :;;H2~qt~~ ,,',II,\, \;,,, \ful H~ l r' E t, i ~ ~) I r __n ~,"~,~~~," "",",.~lJ'IIIIII!IIIIl..~ ~O"~_~ ~~ " j , ,. ~.:, l \ \ i\ ""_,..,..,.~,,,_~r'" _1_= c.'_'=",'~<_ !Jl:",~ _1_ A'~~,l!Il'I'1I,~~ "~ -,- "-" ~. ~~~ ,!II~~~l .,-':I-~ ,. . "'~""--. '"""- ..." J J'L......i,_ .: ~"........~, """""',.~ I .~ - I ~ - ~.=~'- -,,~~ ~~-li~Iit;'i . . ,le,- \. . . AFFIDAVIT OF SERVICE - CUMBERLAND **NO RII** PLAINTIFF GMAC MORTGAGE CORPORATION NO. 00-3081-CIVIL DEFENDANT BARRY E. ZOOK DEBRA A. ZOOK,A/K/A DEBRA CONRAD ZOOK, A/K/A DEBRA A. CONRAD TYPE OF ACTION xx Mortgage Foreclosure XX Civil Action SERVE AT: 314 LINDA STREET DEER PARK, TX 77536 SERVE~ tt g:.~:~~a~~do~a.~~ekn1..rt t~a{;l~~. .z~oo, at ~~~~ _ o'clock, ~. M., at 31~'_~_ed,fJea_h~ _ "1'lt;')3Lp , City in the manner described below: X Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: I ,1OrnoJ/l L'1irtt;l , a competent adult, being duly s accorqin to, law, depose ana state that I personally handed to fi . _ a t:tue and correct copy of the fOil 'vi'( .0'h'OI1.. issued in the captioned case on the date d at the address indicated above. and sU9{l~ibed this !;tiS' d ,2- aru;r~ NOT SERVED ay 0 n !itM~ rJAVCOMM~~ May 30. 2003 , 2000, at o'clock ause: No Answer Vacant Sworn to Before me Of Notary: and subscribed the day , 2000. By: ATTORNEY OF PLAINTIFF FRANK FEDERMAN, ESQUIRE - I.D.#12248 Two Penn Center Plaza - Suite 900 philadelphia, PA 19102 (215) 563-7000 !lJNi..~:i~~~I!iIffi~~I~''''~lf..iiidill''i= ~-JlilliIKI.@lii!i!lif~~'.,"'.~!di~"'J-..,;,h,.b;",,~~,~~lt"1t1ill1 ~. lIWlr"" .ii~Iit' I' , , riT! f "i" ," ". .,<{, l'.t ~'~""~...., :,'.- ~,,,l' () c: ? ~re (,0",:-,:: -<"'~-, ~~:: zt_~' );2 Z ::2 ",'r'{ '- (:) C:) '- ~~ ,-', :.--;-c-; '. .j,- ,n -it: -i"J t=)~~ ~~ ::17 -< " ,;~ ~.....) 0) I'~~ - .=....~(i I . " "lMI'H,,~i ~ . FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 Attomey for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO. 00-3081-CIVIL BARRY E. ZOOK 601 HUNTINGTON AVENUE FIKfA 25 HUNTINGTON STREET ENOLA, PA 17025 DEBRA A. ZOOK AlKfA DEBRA CONRAD ZOOK AlKfA DEBRA A. CONRAD 314 LINDA STREET DEER PARK, TX 77536 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against BARRY E. ZOOK and DEBRA A. ZOOK. AlKfA DEBRA CONRAD ZOOK. AlKfA DEBRA A. CONRAD. Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 5/1/00 TO 08/01/00 TOTAL $34,701.41 $830.49 $35,531.90 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, e Z~~ RANK FEDERMAN, ESQUIRE Attonrey roc pJmntijf ~ DAMAGfJ, ARE HEREBY ASSESSED AS INDICATED. a A-:;/;;; /)" DATE: 'J 9 ,,2 ::1.000 4" I ). . , PRO PROT "THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FORTHAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .. . . ,__ J__ . ~-;,<-,-- . . FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563 -7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY BARRY E. ZOOK DEBRA A. ZOOK, A/K/A DEBRA CONRAD ZOOK, A/K/A DEBRA A. CONRAD NO. 00-3081-CIVIL Defendant(s) TO: BARRY E. ZOOK 601 HUNTINGTON AVENUE, F/K/A 25 HUNTINGTON STREET ENOLA, PA 17025 DATE OF NOTICE: JULY 18. 2000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this: notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff .... O"~~ L ,'~ ~I=. . - '>--, M.' 11 FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY BARRY E. ZOOK DEBRA A. ZOOK, A/K/A DEBRA CONRAD ZOOK, A/K/A DEBRA A. CONRAD NO. 00-3081-CIVIL Defendant TO: DEBRA A. ZOOK, A/K/A DEBRA CONRAD ZOOK, A/K/A DEBRA A. CONRAD 314 LINDA STREET DEER PARK, TX 77536 DATE OF NOTICE: JULY 18. 2000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CillvIBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff . , ,.~ . FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 Attomey for Plaintiff GMAC MORTGAGE CORPORATION : CUMBERLAND COUNTY Plaintiff : Court of Common Pleas vs. : CIVIL DIVISION BARRY E. ZOOK DEBRA A. ZOOK AfK/A DEBRA CONRAD ZOOK AfK/A DEBRA A. CONRAD : NO. 00-3081-CIVIL Defendant(s) VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant BARRY E. ZOOK is over 18 years of age and resides at 601 HUNTINGTON AVENUE, F/KIA 25 HUNTINGTON STREET, ENOLA, P A 17025. (c) that defendant DEBRA A. ZOOK, AfK/A DEBRA CONRAD ZOOK, AfK/A DEBRA A. CONRAD is over 18 years of age, and resides at 314 LINDA STREET, DEER PARK, TX 77536. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. 2:r~k~~ FRANK FEDERMAN Attomey for Plaintiff i. iii,' , . (Rule of Civil Procedure No. 236 - Revised) GMAC MORTGAGE CORPORATION : CUMBERLAND COUNTY Plaintiff : Court of Common Pleas vs. : CIVIL DMSION BARRY E. ZOOK DEBRA A. ZOOK AlK/A DEBRA CONRAD ZOOK AlK/ADEBRAA. CONRAD : NO. 00-3081-CIVIL Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on AUGUST d1.. .2000. .. BYlsj(L~~;,.;/i2;/~ ~~1 If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESQUIRE Attomey for Filing Party SUITE 900 TWQ PENN CENTER PLAZA PHILADELPHIA. PA 19102 (215) 563-7000 **TIDS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIDS DEBT WAS NOT REAFFIRMED, TIllS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY, ** ._~ .i ^"__~'-".~^.~~...~.., " , oj.,.; ."",.k~~~~=- <_"~~;;,.L,.i_ ~~'="","..,,, " "'... ," " ,-, I . ~ (.:) -iQ. ?cJ -:-0 0 C~:' (') ~ c: C) -n ~ 8 <: :r.. .. , ct}F.C c: -,-:-:JJ -'-'-..'.; S") .;:':'-,- I .j--) ~- ...0 ~]:;: --.-, 1'..:1 ' , <.~.' CS ~ u ~~- '<cj ~_.". 'ok,- -~i 3 ~ () p.:: ~~~~: . ~:_;~ ~ C) c.)' l!t z 1;.- ~; ~'t -I ~ -< en -< it;! rn , - ~ " ~" .....~-''''''''~~$..'_;,- .-- ( GMAC Mortgage Corporation In The Court of Common Pleas of Cumberland County, Pennsylvania -vs- No.2000-3081 Civil Barry E. Zook and Debra A. Zook alkJa Debra A. Conrad R. Thomas Kline, Sheriff, who being duly swom according to law, says this writ is returned STAYED. Sheriff's Costs: Docketing Poundage Advertising Posting Bills Law Library County Mileage Certified Mail Levy Postpone Sale Surcharge Law Journal Patriot News Share of Bills 30.00 11.08 15.00 15.00 .50 1.00 19.82 6,81 15.00 20.00 30.00 232.85 144.90 23.15 $ 565.11yarty 12/07/00 Sworn and subscribed to before me ~R~t:~ R. Thomas Kline, Sheriff This .?iA-l-dayof l.rbu.~L. , 2000, A.D. Q;{h' ~ (J I'hdh. " r TO onotary Byl4/hi)i/# eal Estate Deputy \.~-O IJZ ob'1.1/) JV-u" /",,-'/;1,1 -~~.~'~"~ ~-, . ~~~ '<, f , '" GMAC MORTGAGE CORPORATION Plaintiff, v. BARRY E. ZOOK DEBRA A. ZOOK, AlK/A DEBRA CONRAD ZOOK, AlK/A DEBRA A, CONRAD Defendant(s). . ,~ lii!!.. ,~. """-";:'~~-j-, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 00-3081 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 601 HUNTINGTON AVENUE, ENOLA, P A 17025. 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) BARRY E. ZOOK DEBRA A. ZOOK, A/K/A DEBRA CONRAD ZOOK, A/K/A DEBRA A. CONRAD 601 HUNTINGTON AVENUE, F/K/A 25 HUNTINGTON STREET ENOLA, PA 17025 314 LINDA STREET DEER PARK, TX 77536 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME Bank of New York, The Trustee LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) C/o Rosicki, Rosicki and Associates One Ole Country Road, Suite 375 Carle Place, NY 11514 .-., '" ~ ~~ ~*' ... f , 4. v N~e and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of 11/30/95, Series 1995-C 100 Barclay Street New York, NY 10286 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) None 7. Name and address of every other person whom the plaintiff has knowledge who has any int(:rest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 601 HUNTINGTON AVENUE ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 East Pennsboro Township 98 South Enola Drive Enola, P A 17025 I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofI8 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. September 8. 2000 DATE ;.' ;~~'",'\'-'- :-o'\~~'-" ~I - --;'.;~:t~~'~~",;ii?_~';~;;~;:f-~;:'-~ .dI!Z~,_! .~';~~'!- I , ~, 'h. .~~ -'- , , -, GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 00-3081 CIVIL BARRY E. ZOOK DEBRA A. ZOOK, AfKIA DEBRA CONRAD ZOOK, AlKfA DEBRA A. CONRAD Defendaot(s). September 8, 2000 TO: BARRY E. ZOOK 601 HUNTINGTON AVENUE F/KlA 25 HUNTINGTON STREET ENOLA, P A 17025 DEBRA A. ZOOK, AKJA DEBRA CONRAD ZOOK, AIKJ A DEBRA A. CONRAD 314 LINDA STREET DEER PARK, TX 77536 " ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."" Your house (real estate) at 601 HUNTINGTON AVENUE. ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6,2000 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the MARCH 7, 2001 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE f To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attomey's fees due, To find out how much you must pay, you may call: (215) 563-7000. 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. ~ ~ ~~-".'"' . ...~ ~ ~ '~~ ,~ ;';'?f.~''"r~''!'': " ' You"may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. I , I I ! I i ! 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. I 5. Y ouhave 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 Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses. or ways of getting your home back. if you act immediately after the sale. YOU SHOULD TAKE TmS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFVICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249~3166 (800) 990-9108 t_, _I , .->' - -,,,. .w"~..".f:;~;ti:f,~l_.c"_'-".'.'.""."""""".'. c.: ,,', · - , ' -. - -. - . . DESCRIPTION ALL TfJA T CERTAIN [fact or parcel of land with the buildings and irnproveI1lems thereon erected situate in E:J.st Pennsboro Township. Cumberland County, Pennsylvania, more 'particularly bounded and described as follows. to wir: " BEGINNING at a point at the ~orthwesterly corner of Humington Street and Chester .-'\.venue: thence along the Northerly line of Humington Street South 87 degrees 30 minutes West, 100 feet to a point; thence North 2 degrees 30 minutes West, I.Q feet to a point at'the Southerly line of a 15 feet pubii<.: alley; thence along same )lorth 87 degrees 30 minutes East, 100 feet to a point on [he Westerly line of Chester Avenue aforesaid; thence along same South 2 degrees 30 minutes East. 1-1-2 feet to. a poim the place of beginning, . BEI:'-1G premises knovill as :'-10, 601 Humington .-\ venue , formerly known 3.S 25 Humington Street. TITLE TO SAID PREy!ISES [5. VESTED [01 Debr:l .-'\., Conr:ld Zook and Bam E. Zook. wife . . and husband by Deed from Sar:lh How3.rd. Executrix of the Estate of Charles W. Snyder. late dated 12!l/87, recorded 12/29/87. in Deed Book C33, P:lge 867, I ~'ii .... I .1 i I I I i " i::! 'I , , , , !I Ii . 'I I' I )1 I I fl II Ii I, il I, !I t! , . ., I , ; - ~~ ~ ~ -~', . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-3081 CIVIL 19 CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: GMAC MORTGAGE CORPORATION To satisfy the debt, interest and costs due PLAINTIFF(S) HUNTINGTON ST., ENOLA PA a/k/a DEBRA A CONRAD, 314 i' ~ t from BARRY E ZOOK, 601 HUNTINGTON AVE, f/k/a 25 17025 AND DEBRA A ZOOK a/k/a DEBRA CONRAD ZOOK LINDA ST., DEER PARK TX 77536 DEFENDAtlIT(S) REAL ESTATE LOCi\.TED , !,' PA (SEE ATTACHED 11 !: (1) You are directed to levy upon the property of the defendant(s) and to sell AT 601 HUNTINGTON AVE., f/k/a 25 HUNTINGTON ST., ENOLA LEGAL DESCRIPTION.) " t (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 notffy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the d~lendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property ofthe defendant(s) not levied upon an subjecllo attachment is found inthe possession of anyone1other than a named garnishee, you are directed to notffy himlherthat he/she has been added as a garnishee and is enjPined as above stated,' AmountDue $35,531.90 L.L. $.50 Interest 8/1/00 - 12/6/00 ($5.84/diem) $747.56ueProthy $1.00 Other Costs Atty's Comm % Atty Paid $130.92 Plaintiff Paid Date: September 12, 2000 CURTIS R. LONG Deputy by: REQUESTING PARTY: Name FRANK FEDERMAN ESQUIRE Address: TWO PENN CEN'IER PLAZA STE 900 PHILADELPHIA PA 19102 PLAINTIfF Attorney for Telephone: Supreme Court ID No, (215) 563 7000 12248 ij.illI:L):[~U . ; . - ' '. ~lilIili!llll!'~-~ ,-, ~,~" , "'Ill! ~ii!iI__I!lIii"'~-~ .....,'=l..;,.,~.;~~~~tII:~1iW "," '"~'H'."C"~ ~. iIWllllllfii '~.. '<.' 7\, '\ , " . , ~ .' ~ ..;. :., .. ,p . .", ,~',"I ~ ',"'J"','I'Cl ;1."',";-\ t! d_ L\J ~I' 0 ,', ',', ,"' ,,'" j ',' ,,\~:....~., iL._ U ".l~-:l ~ :~..J -hl.J \.:'''.-~-'"' On .k;z4 ,..d......tv, t;l.rrD the sheriff levied upon the defendanu Interest in the real prOOl;'!rtv ~It,,~ted in ,e;;",:! ~ L 11 "?"'-if', Cumberland County, " 'Jmbered as;,t~ d--.r,C ~... . " on Exhibit "A" flied wit! L...k _ and more ttis .. .. by this reference '-I(;Qfporated herein. ~~~ .t. 0<'> q~ ~~~~ -, ~ .. !' .. I:, , , 'l~ . e c:;;:a c:;;:a c;::::::I ~ {iliiU '" .~I ."""",. 1".....~'"- ,_~ .J ., I ..._~-'" FEDE~andPHELAN By: FRANK FEDE~ Identification No. 12248 Snite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION BARRY E, ZOOK DEBRA A. ZOOK A/KJA DEBRA CONRAD ZOOK A/KJA DEBRA A. CONRAD NO. 00-3081-CIVIL Defendant(s), CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. b~~-' Attomey for Plaintiff ._R~' ..i""'~~!ill'&tNi:lH:ITUMiiil~~~";wJ;;~~,,",,,,~,,,,~~~~I!l.~~i!m~:dM"" :'l~,~""'- iBI~""'~~.~"-" 'R!"!"l', - ~~ , .~ " ----..-. '-' 0 C) ~ C ;;:: C- ._, iiW, c:: 'J=." Z:::IJ Z :'lp Z~ I ;gm ..... ,.'vO ~.- C) L L.. ,<:0 -0 .'-'f~? :1:'; ~O 3: 0- zO -0 r:- "~rn )>C 0 ~ a. ~ 0'" -< , ." -, q'.<' , - ~-!lt~. GMAC MORTGAGE CORPORATION, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL ACTION - LAW 00-3081 CIVIL BARRY E. ZOOK, DEBRA A. ZOOK, a/kJa DEBRA CONRAD ZOOK, a/k/a DEBRA A. CONRAD, : Defendants IN RE: PETITION FOR REASSESSMENT OF DAMAGES ORDER AND NOW, this 3/ ... day of August, 2001, this matter having been called for hearing and neither party having appeared, the matter is continued generally. BY THE COURT, Daniel G. Schmieg, Esquire For the Plaintiff -7<~ /Ii K/. Hess, J. Barry E. Zook 601 Huntington Avenue flkIa 25 Huntington Avenue Enola, P A 17025 ~ ~ 9- 'f~()1 9- Debra A. Zook 314 Linda Street Deer Park, TX 77536 :rlm iiil._biifflM.l1'tfi$lftffi~:j!!rl~I.IlI~t~'-;~ifAllllllJO.'_I_i W~I 'J! f~I!,~ ,'~ j, 11: ,?n "'fi1/c, . """ C~,}j'l:L'''''-"'; ,- P.~):,--i ;'.! -' ('i'iU ,. f-(',,/-\ W" ',- ~''..,j! '\' [\i . -, "J\'L; (LV/\\III, I ,I . "ii .''1"'' , l...m. Ii " ~ ~'--MM; r ~ ; JI , , FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. BARRY E. ZOOK DEBRA A. ZOOK, A/K/A DEBRA CONDRAD ZOOK, A/K/A DEBRA A. CONRAD CIVIL DIVISION NO. 00-3081-CIVIL PRAECIPE TO WITHDRAW MOTION FOR REASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly withdraw the Motion for Reassessment of Damages filed in the above captioned matter. The motion is now moot. FEDERMAN AND P~AN Dj~"MIEG' ~ Attorney for Plaintiff September 10, 2001 _*i1~'"""'""'-' , \. ~- -,'~" ';'-"t1Mhl--lai~~"llil~~.iIii.IiiilIi .~.- -- " .,"' ~ - o. ~ , -~-" "~ v~.... -. e C:l 0 .-1'1 5:: U) ..~ -00:; "., ?~;= ~Si -0 ~?i: f'J .]8 C)F~ ~C' --j'--' -a :r:~ ~o -~ ....-} -"'-~ 20 -0 r::'i' ...-;;;;;fn PC '-' ~ Z -,,: =< ~ ,. "--' '. ' '. ___M' __ ~ ""'; t FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPlllA, PA 19102 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DMSION Plaintiff TERM NO. tJ..V.. 3D fI ~ ,- ~ v. CUMBERLAND COUNTY BARRY E- ZOOK DEBRA A. ZOOK, A/KJA DEBRA CONRAD ZOOK, A/KJA DEBRA A. CONRAD 601 HUNTINGTON AVENUE, FIKIA 25 HUNTINGTON STREET ENOLA, P A 17025 Defendant(s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money 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 TAKE THIS PAPER TO YOUR LAWYER AT ONCE- IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ., ~~ 1.080#: 217250844 " , 1-- i... ~I ilMIll%,.- 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 ~. The name(s) and last known address(es) of the Defendant(s) are: BARRY E. ZOOK DEBRA A. ZOOK, A/KJA DEBRA CONRAD ZOOK, A/KJA DEBRA A. CONRAD 601 HUNTINGTON AVENUE, FIKIA 25 HUNTINGTON STREET ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/24/87 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COMMONWEALlHNATIONAL BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 890, Page 994. By Assignment of Mortgage recorded 12/29/87 the mortgage was assigned to MELLON BANK, NA, which Assignment is recorded in Assignment of Mortgage Book No. 344, Page 647. By Assignment of Mortgage recorded 11/22/89 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No_ 372, Page 737. 4. The premises subject to said mortgage is described as attached_ 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 1/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith_ A copy of such notice is attached as Exhibit "A." i :.' "0'. "oo _, 6. The following amounts are due on the mortgage: Principal Balance Interest 12/1/99 through 5/1/00 (per Diem $8.93) Attorney's Fees Cumulative Late Charges 12/24/87 to 5/1/00 Cost of Suit and Title Search Subtotal $31,802.23 1,357.36 800.00 80_65 550_00 34,590.24 Escrow Credit Deficit Subtotal 0_00 111.17 111.17 TOTAL $ 34,701.41 7 _ The attorney's fees set forth above are in confonnity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8_ The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A" 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 34,701.41, together with interest from 5/1/00 at the rate of$8.93 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. tr;:;!;-7;:!; FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff " ~ '~..J I I I I I I ! Li;"" ~ ~- Servicing , GMACI: Mortgalge I, 'G,MAC Morl(,"ge Corporation P.O. Box 85671 . San Diego, CA 92186-5071 3451 Hammond Ave P.O. Box 780 Waterloo, fA 50704-0780 Date: March 13, 2000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Tbis is an official notice that tbe mort2a2e on vour bome is in default. and tbe lender intends to foreclose. Spccific information about tbe nature oftbe default is orovided in the attacbed oal!Cs. Tbe HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM lHEMAP) mav be able to help to save vour bome, This Notice exolains bow the or02ram works, To sec if HEMAP can belo. vou must ~lEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take tbis Notice with vou when vou meet with tbe Counselin2 A2encv, Tbe name, address and obone number of Consumer Credit Counselin2 A2encies servin2 vour Countv are listed at tbe end of this Notice. If -ou have an' uestion ou ma caD tbe Penn Ivania Housin Finance MOllcy toll free at 1.800.342.2397. (Persons with imoaired hearin2 can ca0(717) 780-18 9). Tbis Notice COlita ill s important legal information, If you bave any questions, representatives at tbe Consumer Credit Coullscling Agcllcy may be able to belp explaill it, You may also want to contact an attorney in your area. Tbe local bar association may be able to belp you find a lawyer, LA NOTlFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTlNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTlFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE lLAMANDO ESTA AGENCIA (PENNSYI~V ANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, PUEIJES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNm:'s EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA HOMEOWNEI:' S :-; A~lE(S): PROPERTY AIlIJRESS: BARRY E, ZOOK 601 HUNTINGTON AVEN ENOLA, PA 17025-2629 LOAN ACCT. ;-';0,: ORIGINAL LK'\I)ER: CURRENT LK\IlEIUSERVICER: 217250844 NIA GMAC Mortgage E}(H\B'1' ~ ",,' ~. '"~" ~ ' . "~ ~,' 'Ii UllliJ!Ii;,,",-.N' G.MAC Mortgage Corporation P.O. Box 85071 San Diego, CA 92186-5071 3451 Hammond Ave P_O. Box 780 Waterloo, JA 50704-0780 Servicing GMAC Mortgalge Dare: March 13, 2000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort2a2e on vour home is in default. and the lender intends to foreclose, Specific information about the nature of the default is Drovided in the attached pa2es, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM CBEMAP) mav be able to helD to save vour home. This Notice e'Dlains how the Dr02ram works, To see ifllEMAP can helD. VOR must ~fEET ''nTH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counselin2 A2encv. The name. address and Dhone number of Consumer Credit Counselin2 A2encies servin2 vour Countv are listed at the end of this Notice, If vou have anv auestions. vou mav call the Pennsvlvania Housin2 Finance A2encv toll f,'ee at 1-800-342.2397, (Persons with imDaired hearin2 can call (717) 780.1869). This Notice conloins imp0l1ant 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 attorne}- in your area. The local bar association may be able to help you fmd a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VlVIENDO EN SU CASA. SI NO CO~IPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION aIMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDlMIR SU HIPOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: DEBRA A. ZOOR 601 HUNTINGTON AVEN ENOLA, PA 17025-2629 LOAJ" ACCT. NO,: ORIGINAl, LENDER: CURRENT LENDERlSER\lCER: 217250844 N/A GMAC Mortgage EXHIBIT A . .~, HOMEO"'NER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MA Y liE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMI'LY "lTH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE" ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTAI'iCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES YOUR CONTROL, IFYOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AI"D IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY ST AY OF FORECLOSURE -- Under the Act, you are entitled to a temponny stay offoreclosure on your mortgage ror 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 cOlmseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. TIlE PART OF TIllS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CmmlT COUNSELING AGENCIES -- If you meet with one of the consumer credit cOlmseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date ofthis meeting.The names, addresses and teleuhone numbers of desil!llllted consumer credit cOlmseling agencies for the cOlmlY in which the Drouertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face mecling_ Advise your lender immediate Iv of your intentions. APPLICATIO!'\ FOR MORTGAGE ASSISTANCE n Your mortgage is in default for the reasons set forth later in this Notice (sec' !allowing pages for specific information about the nature of your default.) If you have tried and are lmable to res,,:,'e this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency evlortgage Assistance Program_ To do so, you must fill out, sign and file a completed Homeowner's Enwrgency Assistance Pragrnm Application with one of the designated consumer credit cOlmseling agencies listed at I he end of this Notice. Only consumer credit cOlmseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application :.lL'ST be filed or postmarked within thirty (30) days of you face-to-face meeting. YOU l\IUST FlI.J<: YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THl'; OTIIER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACT} 0 N .. Available fimds for emergency mortgage assistance are vel)' limited. They will be disbursed by the Agency u"dcf 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 ~oreclo~ pro~eedmgs will be pursued a,'ainst YOll if you have met the time requirements set forth. above. You \V1ll be notified directly by the Pennsylvania i lousing Finance Agency of its decision on your applicanon. EXHIBiT A "" ~, "' .... 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 1\,'1 ATTEMPT TO COLLECT THE DEBT, (I f you have med bankruptcy you can still apply for Emergency Mortgage Assistance.) . HOW TO CURE YOUR MORTGAGE DEFAULT CBrin2 it UD to date), NATURE OF 1'1 I E DEFAULT .- The MORTGAGE debt held by the above lender is on your property located at: 601 Huntington Aven Eno1a, PA 17025-2629 IS SERIOUSLY IN DEFAULT because: YOU H:\ VE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the fOllowing amounts are now past due: January 1, 2000 through March 1, 2000, See attached Exhibit for payment breakdown. Monthly Payments Late Ch:lJ-ges NSF Inspections Other Suspens,' 1,242.99 350.12 0.00 14.50 0.00 TOTAL AMOUNT PAST DUE: 1,607.61 B. YOU HAVE F AILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot aDDlicable ): HOW TO CURl,: TIlE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1,607,61 ,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING TJ IE THIRTY (30) DAY PERIOD. Pavments must be made either bv cash. casille"s check. certified check or monev order made Davable and sent to: GMAC Mortgage Corporation ATTN: Payment Processing P.O, 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 ifnol "pJllicable.) N tAl' b1 o pp 1ca e IF YOU DO NOT CURE THE DEFAULT --If you do not cure the default within THIRTY (30) DAYS of the dale ofthis Notice, thr lender illtends to exercise its ri hts to accelerate the mort e debt, This means that the entire outstanding balance of this debt will be considered due inunediately and you may ose the chance to pay the mortgage in monthly installments.lffull payment of the lotal amount past due is not made within TIIIRTY (30) DAYS, the lender olso intends to instnlet its attorneys to start legal action to foreclose UDOD vour mort2a2ed DrODem, IF THE MORTe AGE IS FORECI,OSED UPON -- The mortgaged property will be sold by the Sheriffto payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings ~ started again~t against you, you ~ll have. to pay all reasonable attonwy's fees actually incurred by the lender even If they exceed $)0.00. Any attomey s fees will be added to the amOllll1 you owe the lender, which may also include other reasonable costs. Ifvou cure the <il-fault wi(hin tbe TIDRTY (311) DAYS Deriod. vou wm Dot be required to Dav attornev', fee" EXHIBIT A ~_ i ,--,- V' OTHER I"ENDI<:J: REMEDIES u The lender may also sue you personally for the lmpaid principal balance and all other SlunS due under the mortgage. RIGHT TO CURE THE IlEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the ril!bt to cure the default and Drevent the sale at anv time UD to one hour before the Sheriffs Sale. You mav do so bv Davin!! the total ammmt then Dast due. Dlus anv late or other chames then due. reasonable attornev's fees and costs connected with the forecloSlITe sale and anv other costs connected with the Sherifl's Sale as sDecified in wrilinl! by the lender and bv Derfonnin!! anv other requirements under the mort!!a!!e_ Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted, EARlJEST POSSIBLE SHERIFF'S SALE DATE n It is estimated that the earliest date that such a Sherifl'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 actuai date ofLhe Sheriffs Sale will be sent to you before the sale. Of course, the ammmtneeded to ClITe 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: Address: GMAC Mortgage Corporation 401 West 24th Street National City, CA 91950 Phone Number: Fax Number: Contact Person: (800) 850-4622 (619) 470-5579 Collection Department EFFECT OF SHYRlFI<"S SALE u You should realize that a Sheriffs Sale will end your ownershil' of the mortgaged property and your right to occupy it. If you contimle to live in the property after the Shenfl's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OJ! :\IO)(TGAGE ". You mayor may not sell or transfer your home to a buyer or transferee who will aSSllme the mO'igage 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 :\IAY ALSO HAVE THE RIGHT: TO SEI.J. TilE PROPERTY TO OBTAIN MO):EY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MO):J.y FROM ANOTHER LE!\DI):G INSTITUTION TO PAY OFF THIS DEBT. TO HAVE TIllS DEF AULT CURED BY A]\:1' THIRD PARTY ACTING ON YOUR BEHALF TO HA VI'. TilE ~lORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL THAD OCCUR](I'J), IF YOU CURE THE DEF AULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOl'R DEl' AULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT TIlL NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTI IER LAWSUIT lNSTIThTED tiNDER THE MORTGAGE DOCUMENTS, TO ASSF~n A):1' OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROT] :CTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSl!\lIm CREDIT COUNSELING AGENCIES SERVING YOUR COUNlYIS ENCLOSED EXHIBIT A L", ~ " Pennsylvania Housing Finance Agency Homeowner's Emergency Mortgage Assistance Program Consumer Credit Counseling Agencies (Rev. 5/99) LYCOIl1ing-Clinton Counti Com", . T;' os 2138 Li::~nS' or Co=tU1it"J Ac:ion (STEP) P UJ. c:"ee" - O. Box 1328 - Willinm.spor:. FA 17703 (5.0) 326-0587 F.~~(570) 322-2197 CCCS of ,"or:he3.Ster::l F'\. 201 Basin S~O. - Williams ..-...- (5-0).3 port, PA 17703 , 2.3-6627 FA.~(570) 323.8625 CLINTON COu"NTY eCCS ofNortheaster::l P'\. 1~1 S AthertOn St . Swte 100 St:1te College, PA 16801 (814) 238-3568 F.~~ (814) 238-366;1 COLtJMBIA COlJ1'o'TY CCCS ofNort!leastem Pennsvlvania 1400 Abington E."l!C'~tive Park Suite 1 Clarlts Summitt F.... 18411 (570) 587.9153 or (800) 922.9537 F.-\..~ (570) 587.913419135 31 W. Markat Street POB 1127 WUke.-Barre. PA 18702 (570) 821-0837 or (800) 922.9537 F.~~ (570) 821.1785 Commission on Eoonomics Opportunity of Lu:erne Count::' 163 Amber Lane WUkos-Barre, PA 16702 (570) 825-0510 or (800) 822-0359 F.~~ (570) 829-166S-CALL BEFORE F.-\..-aNG (570) 455-4994 H.~LTON FA.~ (570) 455-5631-CALL BEFORE F.~-aNG (570) 835-4090 TUNKH.....""OCK Bookar T. Washington Center 1720 Holland Sl::'eet Erie, FA 15503 (814) 453.5744 F.~"{ (814) 453-5749 John F. ~nnedy Center, Inc. 2021 East 20t.'1 St=t Erie, FA 15510 (814) 898-0400 FAX (814) 898-1243 CCCS of We.tern Pennsvlvania, Inc. 2000 Linglestown Mad' Har:'.sburg, PA 17102 (717) 541-1757 Urban League oOletropolitan Harrisburg N. 6th St:-eet Har:'.sburg, F_'\. 17101 (717) 234-5925 F_~~ (717) 234-9459 Communit"J .-\.c::ion Comm of the Capital Region 1514 Derrv Stteet Harr'.sbu";', P_"- 17104 (717) 232-9757 F.~~ (7171 234-2227 CRAWFORD COUNTY Greater Erie CommtU1it"J A.::ion Commit'.... 18 We.t 9th St:-eet Erie, PA 16501 (8141459-4581 FAX (814) 456-0161 Shenango Valley Urban teague, Inc 601 Indiana Avenue Farrell. PA 16121 (4121 981-5310 CUMBERLAND COUNTY Fin.n..;.1 Counseling Ser,.;ce. ofF=klin 31 West 3rd Street Waynesboro, PA 17258 (717) 762-3285 YWCA of Carlisle 301 G St:-eet Carlisle, PA 17013 (717) 243-3818 F.-\.."{ (717) 731-9589 Adams County Housing Authorit"J 139-143 Carlisle St Gettysburg, FA 17325 (717) 334-1518 F.~"{ (717) 334-8325 EXHIBIT A PENNSYLVANIA 8UL.l.ETlN, VOL 29, NO. 2:l. JUNE 5, 1999 . , " 1Ii<b.....-' -' , [i I 'I II Ii " i [I ,I II [' :i :i II II ,I Ii I' 1 i I :1 I[ II I AL[. THA'r CER'rAIN tract or l?arce~ of lan4 with th.a bui~4ings ar.4 i~provements thereon erecte4 situate in East Pennsboro Townsh.ip. CUlllber~and County, Pet.nsy~vania, more part.icu1arly boundeCl and describeCl as follows, to wit: BEGINNING at a !?oint at the Northwesterly corner of Huntingtoll Street and Chester Avenue: thence a~onq the. North.erly line of Huntinqto.n Stl:eet S.outhc_B7,degrees 30_..minutes Wesl:., 100 feel:. .~o a point:'.'th.~li}=e,Np~th,~ degree.s- 30 minutes West, 142 feet to 11 point. at the Soutnerly._line of a ~5 feet pUblic alley; thence along same N9.i;'t,b..8.7:.deqree.B 3..9 minutes' East, lOa feet to a point on th.e..~e~t'e;).Y,1.in_e,af Chester, Avenue aforesaid,; l:.henC3 'a::Long same. 'So.u'th.' 2 ..degrees 3Q- .minutes East, 1.42 feet to a poitlt the place of Beginning.-' Being premises known as No. 601 Huntingt.on Avenue, formerl.y ,known as 25 Huntington Street. BeING th.e same premises whieD John S. Putt and Mary Helen Putt. his wife. by. ,their. De.ed dated -January 11. ~957. and recorde4 in t~e Office of Recor4er of Deeds in and for Curnoer1ana County. pennsy1vania, Ln Deed Book "0". Vol.. 1.7, Pa~e 578, ~ranl:.ed a~d conveyea unl:.O Char1es Wi11iam Snyder and Olgia A. Snyder. his wife. Said Olgia A. Snyder having died on /174':+ 023, /':6:'-, r:.it1e t~ereto vested in Char1es Wi1~iam Snyder. a/~a Charles w. Snyder. ',; i'j I :1 11 \1 II II .~ I. I ! ! PREMISES: 601 HUNTINGTON AVENUE "'. . , , VERIFICATION SHIRLEY J_ EADS hereby states that she is FORECLOSURE SPECIALIST ofGMAC MORTGAGE CORPORA nON mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S_ Sec. 4904 relating to unsworn falsification to authorities_ DATE: 5' ~jJ_IiIIIjj;~:iIDMjffi(\S;i"J#~t~fijti8!3~;j1ijtil!l!M*!ifWMi1l~.o;,:ii~JI~i~-. .1. ~:mjt fp ","'1 I.-i IJ ::: "\ \~ 'l'"l'-"l, ,. ,-".~ "~ .- -<, ~- , ~. =<. .~ """lLil ~~~ ~.~..- ~liiilrlIili- . '" .; () C) 0 C C, :s:-",. ., V [)J 3' :-j re; ", ;L"lO. j"1.~, ;;: .-'-,j -..::: ..' 7Tr- ",::... ~"'" ::SZ ,F; -,~- CO ,:0 <-.- S::) C<J ~; J-,~, ::-';-1-," f_ (~} {c;~:ri j;;~ (5 --"7,0 ~ c: om -~ ?ii -I ::::> -< (A> -< ~ ~ " ~C .. ~ ~ -C c~ C- d 2 ~ t r .' ~-'"' -""-" ' . - i ~ ,- .,1 ~ i" PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No.OO-3081-CIVIL BARRY E. ZOOK DEBRA A. ZOOK AIKIA DEBRA CONRAD WOK AIKIA DEBRA A. CONRAD Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $35,531.90 Interest from 8/1/00 to 9/5/01 (per diem - $5.84) $2,336.00and Costs TOTAL $37,867,90 Wl~rc FRANK FED RMAN, ESQUIRE ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property, No, - ~ ~ '" ~ t":l... 1:i"'t":lI:il"'Jodl:l ~ "1:1 0 ~:z l"'J:i::Ol"'J:ZS~ - ~ ~ ~>-l (1) l"'Jt"':Z tl:l0 = P.- = :> tl:l= i:l:IS!~~t"'~-< (") i:':I t":l l"'Jl"'J I:ll ~t":l ~ ~I:i :>?:zl"'J ... ~ ~ ___"1:1 :> "1:1 >-l. ~l"'J 0 ~~ @ ",~N:>S!N <= ""I ?> ~ '0 ~~~g~~~ iO NI:ll >-l .g = :;c 8~ ~ t":lo ffi (1) ~l"'J~~(h~ ~~ g""l til ~-< ~ ~ N S U1>-l~ :> ""Ie ~t'l \" :zt":l 0 ~ >-l ~o 0 ~ ~ :>~ ~ >E5 t":l 0 cr' &0 0 . ~ >- (1) I:il:i :z <= ""I =0 ~ "1:1~ b '" t"Jl"'J ~ = l"'J i:':I~ l"'J0 (1) tl:ltl:l l"'J I:ll 0 ::l ~~ ~ :Z:z (1) ~~ ~ ~ :Z"l:1 p.. t":l n "'t"' ?> ~ e 0 -<t"J ~ ... t"':> t":l :> >-l 0 ... -<", 0 N 0 :z ~O :z (h z ~ = E5 "'''''1 ~ :> :z 0 >-l ~ ... ~ :z 0 >-l 0 = :z i:':I I:ll '" ~ ~ ?> n 0 z ~ , .~ :: if t-, ~ ~~". . . , - ~--- ~ ~__!lill'~':~l!'-~! ~ H"""'''' ." "_~t~~,~W>!";!!l!!Jb~~_'11'''1l;;O!''l!!i~if>I_rg;Jf~;'!~'''l~!%'f1'i"H,r',-w!~~!l!!I~ , ^~ - ~"~ ~~ '"'" .. . -". ~ DESCRIPTION ALL TH.-\ T CERT.-\IN tract or parcel of land with the buildings and improvemems thereon erected situate in East Pennsboro Township. Cumberland Counry. Pennsylvania. more particularly bounded and described as follows. to wir: BEGINNING at a poim at the Northweste~ly comer of Huntington Street and Chester .-\ venue: thence along the Northerly line of Huntington Street South 87 degrees 30 minutes West. 100 feet to a point: thence North 2 degrees 30 minutes West. 1-1-2 feet to a point at the Southerly line of a 15 feet public alley: thence along same North 87 degrees 30 minutes East. 100 feet to a point on the Westerly line of Chester Avenue aforesaid: thence along same South :2 degrees 30 minutes East. 1-1-2 feet to a point the place of beginning. BEI:-<G premises known as No. 601 Huntington .-\venue. formerly known as 25 HuntingtOn Street. TITLE TO SAID PRE~nSES IS VESTED IN DebrJ .-\_ Conrad Zook and Barrv E. Zook. wife and husband by Deed from Sarah Howard. Executrix of the Estate of Charles \V~ Snyder. late dated 12/1/87. recorded 12,29/87. in Deed Book C33. Page 867. ~~'i!,;~h-"-3k'k;€'\i",";4iu:t1!!lliW'J'i"!iili1lIlI..~,1"';'><ItA!iiii<\l<~,;;~"',~"II"i~ ~1lI111ill"" ~IB;i!IUlMl - -..........,....~. ~-~~. _::"---'~......."" ,-~~jiliiWlIii.m.f~.&tiiiI.l ~".""RJ<l'1~ '~'~-'~1olIiil liliiiftv- .' , J Crt ~ W (Q "- <f'- ~ ..o~~ - ~ j~ ~ ~ "'6Q. , ~ 8 -.0 g "- "l 0 () .... lJ . ...... 0 8 tv 0 () 0 0 -n ..,.... I , c ~ ~ I I ~ ~ <- =::! ~ -Om c:= - L t'1 mrn :z: IllF tv ~ ... Z::D r ~g~ f' e " ... ... "' " Z5:~' ... ~ ~ en"",: -.I ;~(> ~ " " ~6 .t;~~ .." ~""""I ... ... "'--n " " ... ~ "' ~8 :z 00 ~ 2m ... " J:'" 0 >c ~ ~ 0 ..,.. -< - - - --,. q' - ,. . -~ ~ . ~- J ,~ -"--~, ~ ~~ ~_.. , \ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 00-3081 CIVIL BARRY E. ZOOK DEBRA A. roOK, A!KJA DEBRA CONRAD ZOOK, A!KJA DEBRA A. CONRAD Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $35.531.90 J Interest from 8/1/00 (12/6/00 $747.52 and Costs (per diem - $5,84) 36.279.42 TOTAL F FEDE TWO PENN CE SUITE 900 PHILADELPHIA, PA 19102 Attorney for Plaintiff Note: Please attach description of property,No. =~ ,~ ~ ..... ::.- C:) ~ c:: c= ~ 2 ('1 :::J<< ,', . C)=- C ,0)2 ~"- ,......<( l"'1 0- ~2~ = ;:~l -'S~&3 ~ "_J:2 l:l.- crz ~ f"ULU fe: L~~O- ~ ,:/; ~:2 :~ () 0 11 dz > "rj '"= ~ C ~. ~ ~'"' 0- - ~ ~ <1> P.- > ==: '" (") c (") l"'1l"'1 ~ '" ~(") ... l"'1 ,.~ 3: '"=, = ~g <1> l"'1"':lc:l\= l"'1 ~= 0 ... ~~~~ = "':l ~ <1> c::C .., "0 ::to 8~ .g ~::c c (")'"' ffi <1> >NO>< ~~ ~ 00 ... ~ UI Z Z>< ~~ '" ,"==:,",l"l -< N 3 "':le ~~ ?' l"'1 0 >~ZN ~ '"' :10 0 ~ (") 0 ... CO ~ 0 0 ;e > cr' ~'"''"'O NO <1> O"':l ~ b '" NZO:;:: ~ l"'1 00 l"'10 <1> U1CZ 0:;:: 0 ~ '"'> ~~ 11 ~ ~Z <1> 00'"= p.. ~~ (") ~ ><t"' 0 ... t"'l"'1 ooZ '"' 0 <> '"'~ ... 0 Z ~~ ~~ Z C l"'1 l"'1 >"':l '"' = ~ ~~~~c ~ t"l"", l"'1 t"l = (") ~i:>>~ ~ "l;lZCt::;l ~l:::I'l"'1l"'1> >==, ..,~~~8 >< >(")11 -ll"'1i-'l0 ~~~~. ~ 0 11 . J ,~,_~~ ,^ .~.",~ ".!!;lI!IIlI~i!I~!'!lI ~~m~.. __~I'I!'~!I'W~:ffilii~"~!",li~iI!Wr~Iij;:~jf;J!)',,"",y\~,'if~7JC-"!t-':'~I"i:""('1':'8P""~~';'IW?~.9'1~,;';;ji"Gf1~"''-'T'~:''';\'iHW~fliijji!f1llf;lfl''1l-~iJjl!ffi - .dJ:.. " ~, . ~' -" Mk: . "- \ DESCRIPTION ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the Northwesterly corner of Huntington Street and Chester Avenue: thence along the Northerly line of Huntington Street South 87 degrees 30 minutes West, 100 feet to a point; thence North 2 degrees 30 minutes West, 142 feet to a point at the Southerly line of a 15 feet public alley; thence along same North 87 degrees 30 minutes East. 100 feet to a point on the Westerly line of Chester Avenue aforesaid; thence along same South 2 degrees 30 minutes East. 1+2 feet to a point the place of beginning. BEING premises known as No. 601 HuntingtOn Avenue, formerly known as 25 Huntington Street. TITLE TO SAID PREMISES IS VESTED IN Debra A. Conrad Zook and Barry E Zook, wife and husband by Deed from Sarah Howard, ExecutrL'( of the Estate of Charles W_ Snyder, late dated 12/1/87, recorded 12/29/87, in Deed Book C33, Page 867. _.i&fMjf'""'~'''''''''" , - --,' -- . -[~<!w.",",;-,nli!;i;1aijljl'~jlli~~~- -- - . ' _r. ~1i<2~"~1t~"J;.j;l."$.-i~~jj:;~iillllWH~ i~ ~K r--p r' ~... ~~ :s~ .......""" ""- 0, C:L ~ -"--~OM -!OIi' ~ -~..'" - "iIIIII ~ ~~.- c:- c::::" \~ fD e:$ ~ ~~ ~ ~S3\~ ~ e'~ o c <' ~r;F ;z~' t5~~' ~G ~8 ::S -< ...='-- :(-'.... -...,' ~ ,./) ,'. v 1"" --. , "c) :.:t;! 1;(... r;;) =) ,;;;; .-- --~f~ . , :--~-I =0 -< "-""""!i11 / w I,~ ,. - -d } --~- ",-~~ ~ -l. GMAC MORTGAGE CORPORATION Plaintiff, v. BARRY E, ZOOK DEBRA A. ZOOK, AIKIA DEBRA CONRAD ZOOK, AIKIA DEBRA A. CONRAD Defendant(s). ,. ._'""i\-.:<:, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 00-3081 CIVIL AFFIDA VII PURSUANT TO RULE 3129 (Affidavit No. I) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 601 HUNTINGTON AVENUE. ENOLA. P A 17025. 1. Name and address ofOwner(s) orreputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) BARRY E. ZOOK DEBRA A. ZOOK, A/KIA DEBRA CONRAD ZOOK, A/KIA DEBRA A. CONRAD 601 HUNTINGTON AVENUE, FIKJA 25 HUNTINGTON STREET ENOLA, PA 17025 314 LINDA STREET DEER PARK, TX 77536 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3, Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME Bank of New York, The Trustee LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) C/o Rosicki, Rosicki and Associates One Ole Country Road, Suite 375 Carle Place, NY 11514 .~ -.~ ~..... ~~ .-. - .".~, .. '" 4. Nmne and address of the last recorded holder of every rnortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of 11/30/95, Series 1995-C 100 Barclay Street New York, NY 10286 5. Nmne and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Nmne and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Nmne and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) Tenant/Occupant 601 HUNTINGTON AVENUE ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 East Pennsboro Township 98 South Enola Drive Enola, P A 17025 I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief, I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec, 4904 relating to unsworn falsification to authorities. September 8. 2000 DATE F FEDE , ESQUIRE Attorney for Plain Iff 1i18i~~l1ilI~MhlIlMii>r.li-'l<",&OJ:~: o"At&~".1if,i;i;i8i1!;jhU~4M<@;I:"-!"""'"l"'~i..\mcldh'~f!~a.b\W;!'Mll;i#Ns~~-.;t~'*!'lliIi,:~W'.~jl-_I!\..' "~-WIiliilW:~~~~.a:Jj_ ._._woo~. lti1itmlll~ " '" r ' 0 C! () C 0 , ?,: L,''') u r:D ]'"'1"1 -,'j rnl ; -n :z: ::C.', 2 C.- r<' (f),,"~:. t-', c:SL . ,<c> ::~ .. :z >~:~ -"',~ , ) Z:) [ f1 ~-.......' ~".) )>C :~::i :z: -~ ::c: --, -< (::J -<-. ... "" - .~ - ~""~ FEDE~A.NandPHELA.N By: FRANKFEDERMA.N Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION BARRY E. ZOOK DEBRA A. ZOOK, AIKIA DEBRA CONRAD ZOOK, AIKIA DEBRA A. CONRAD NO. 00-3081 CIVIL Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA rnortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ::h'( ~.~ F K FEDE , ESQUI:RE"> Attorney for Plaintiff _1IiI:~'""""~~~!1t~~_,,~:,";t\C;i',fulif';'ht!ih-ll'ifdtlj!ijh~ki<~-,;ijI?!;,";(~H!j_;;[!i.FS1"-'4l~,:og..",;;r~'~1~~~~l.i~t.~i\Mf~j.tial"iilJl8ill/. o c z -0 cD rnr-;'\ 2::('- ZC' (j) '"~:..: "< L'- S'2.C> ::C"/~'. ~b >'c: ~ -, .... _~'iS'.M!iiIt......1 C) o if) c,1 '-0 -~~,; 'I i i ! r< --a ---;:0 ~;{r-\; 2;.; ~ -< f~ ::;1 c::) -. -""",__ '~^'c- ~ - "l J.., lIlJlIibA~ , , . GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 00-3081 CIVIL BARRY E. ZOOK DEBRA A. ZOOK, AfKIA DEBRA CONRAD roOK, AfKIA DEBRA A, CONRAD Defendant(s). September 8, 2000 TO: BARRY E. ZOOK 601 HUNTINGTON AVENUE F/K/A 25 HUNTINGTON STREET ENOLA,PA 17025 DEBRA A. ZOOK, AK/A DEBRA CONRAD ZOOK, AlK/A DEBRA A. CONRAD 314 LINDA STREET DEER PARK, TX77536 "TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VB PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY AND TillS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 601 HUNTINGTON AVENUE. ENOLA. FA 17025. is scheduled to be sold at the Sheriff's Sale on DECEMBER 6. 2000 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the MARCH 7, 2001 Sheriff's Sale, NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you must pay, you may call: (215) 563-7000. 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, ~,~ ".. - . - ~ - " ~--i<~ ,-f " You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney,) yOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000, 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate cornpared to the value of your property. 3, The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as ifthe sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6, You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheliffwithin ten 00) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTIW BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 - ......"', " " DESCRIPTION ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the Northwesterly corner of Huntington Street and Chester A venue: thence Jlong the Northerly line of Huntington Street South 87 degrees 30 minutes West, 100 feet to a point; thence North 2 degrees 30 minutes West, 142 feet to a point at the Southerly line of a 15 feet public alley; thence along same North 87 degrees 30 minutes East, 100 feet to a point on the Westerly line of Chester Avenue aforesaid; thence along same South 2 degrees 30 minutes East. 142 feet to a point the place of beginning. BEING premises known as No. 601 Huntington Avenue, formerly known as 2S Huntington Street. TITLE TO SAID PREMISES IS VESTED IN Debra A. Conrad Zook and Barrv E. Zook wife , , and husband by Deed from Sarah Howard, ExecutrL'{ of the Estate of Charles W_ Snyder, late dated 12/1/87, recorded 12/29/87, in Deed Book C33, Page 867. ~illliiiIi:"'.lilL '~~""h'!ml<tIh~fu#tUl!iij-~,jf:ilOl. II'I!I .~ k'~P.iiiltlm~I~&i~I'~~.." ~ ;-"--~tJilmlllllllli:li' 'Iii '-i1iU~ '8;""m...~ o S; ;c_,,_ ,)C.t rnt'.;_i Z..l. z:c- ~~:2- ~~') Zr-', '5>,-=: :5 -< '-- (::') C) ~/) ;,::;~; ~ if.- ,. \ (-'J ~.\' 1 -\- 1".0 Cl '"0 .,~'~ :-5r~), .--.", ~:; ::< \~? :::) (::> ~ .....~~ ~W.\ AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY No.00-3081 CML DEFENDANT(S) BARRY E. ZOOK SERVE AT 601 HUNTINGTON AVENUE, F/K1A 25 HUNTINGTON STREET ENOLA, PA 17025 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 6, 2000 SERVED Served and made known to 6~ ~-I' 1 'R f ::::;(00 J< ,Defendant, on the ':<"3 I<. L at IO~'B , o'clocka._m_, at (PO! HVtJ\-;Nj-\Ot-J 'A"~lj ,E:.t-Ju{a.. fA of Pennsylvania, in the manner described below: X Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. day of 'S er.J.e... kit., 20090 170;;J,5'" . Commonwealth Other: d r I 11>5 11\ l2 d Description: Age2.2. HeightL Weight~ Race /AlL-.. Sex~ Other Ve.<H<. I, cb-(,l.1v(!.'t- l, C'Cl~ *:1 ' "!~~ompetent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated abov Sworn to and subscribed before me thiso(~"~day of s.r;4~2000- Notary: '11 ILL. )Z; , NOTARIAL SEAL ANNE G. BORYAN, Notary PublIc MChambersburg Bora, Franklin Y.isslon Expires Dee. By: ot~9 NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - 1.0. No, 12248 Two Penn Center Plaza, Suite 900 Philadelphia, P A 19102 (215) 563-7000 J ~ ~dIIHItilll:!:~!;:f"\;W)g'".,.iJ~~fufililj,litiftlil~4:IH!;*..;idl1j;jSL;:k,,.k,"'j'''",j~,,"'&I~Mk~(Of!Si.i~~A@~-fil'YclJki;g;t1Jl.iID\~ii~1$_jj~~,~WL.''';'''' ,:__1', 1 HI![ - . ~. ..~ . .~ ", ~~;r~~j~t_1!I!{"""- ',;."" o C ~:~~ -uF',' Q:l[t: Z__. Ze- ~~' ~C ?ie,- -=(; Pc: 2'':: --1 -< '.;,,--' , " 'i~', .. .. ,-, ,5 i;::) ':'') -', CT'. ~'O S:J ," (T\ "". ''Ie ~ ;' ~ ~;::! :::::3 ~. bd , nlllr.l:l_" AFFIDAVIT OF SERVICE PLAINTIFF GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY No.00-3081 CIVIL DEFENDANT(S) DEBRA A, ZOOK, AlKlA DEBRA CONRAD ZOOK, AIKIA DEBRA A. CONRAD Type of Action - Notice of Sberifrs Sale SERVE AT 314 LINDA STREET DEER PARK, TX 77536 Sale Date: DECEMBER 6, 2000 SERVED 'Ho- @) Served and made known to ~rA A. 2..co\:. ,Defendant, on the ~ day of~, 20lJD, at ~ o'clock~.m., at ~'-I- L\ N;J::>A S)) "Dee,"?~ ~ J --r:e x,lK,. . Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship_ Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. ~ an officer of said Defendant(s)'s cornEY. I .. v' Other: 4pl),a" ,.... C~(".fCjC eo'" 't;le~""'P/'7rI'i> '~!a.Jd~r-lc..~ N....~P Jo~ s.l.AJI.5.~e<" Description: Age ~ Height~ Weight l.:5b Race ~ Sex '('Q Other I, .J<:: 1f"Y'-( ~e:l&c:;.. , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and co~ect copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this ~ day of ,2 Notary: SERVED at o'clock _.m., Defendant NOT FOUND because: <-" ',. ", Vaca..'1t Other: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 Two Penn Center Plaza, Suite 900 Pbiladelpbia, PA 19102 (215) 563-7000 )( ~> -. -. 'ijiit1l~IIri!ti~~!!i;ll".r'~:'"u.'1Q)j,fh\.rJliiW,ilj~H~~;.;,.\..'"il>1;.lillJ;#;r~l\ltI~i",.di;;~iIili~~~~am:~~~;~3'':'''''' '~./l;ii$J:;.ltiili.M~~ . ,', .; " . llI!1f ] n ~lL t o (- ;;0.; J?t~ 2!L;....i ~~j. _....G". ~.C--.. ~C'1 -1-> (~:::.: _ ;? ~ ,,;., c) a -~ :'") ^._-;~,. \. 0-', ~~:: ~/ i'\) (J) '~', -- - ' Ii' .-~> ~;.J :-C.I ~.-' " ~J&. I, = ~-=~ , '".1 1 I I I 'l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE CORPORATION Plaintiff CIVIL DIVISION vs, No. 00-3081 CIVIL BARRY E. ZOOK DEBRA A. ZOOK, AlKJA DEBRA A CONRAD ZOOK, AlKJA DEBRA A. CONRAD Defendants AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA SS: CUMBERLAND COUNTY J, FRANK FEDERMAN, ESQ., attorney for GMAC MORTGAGE CORPORATION, hereby verify that on SEPTEMBER 15.2000, true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded Iienholder(s), and any known interested party, see Exhibit "A" attached hereto, and the Notice of Sale was sent to defendant(s) on SEPTEMBER 15, 2000 by first class mail and certified mail return receipt requested, see Exhibit "B" attached hereto. :;t;~J~ FRANK F ERMAN, ESQUIRE Attorney for Plaintiff Date: November 2. 2000 ........-..,. ~~- =,,~ ",- j~_I......llIIIiiiIlIiiii~~~ , ~""'~u_ 1iIIl!llIii!I!"~ .~ ,"~~ "~ ~"'""'~t.>+t.~" . f) ... o>Z ...."'.. .".... t"" f(''''a " ., " -'0 s' ",!Jl.. g [ - - n " .. " - ;::; - - v. ... 'W ~ Z v. ... w - 0 '" .. -> '" N ., '" is l n '" :1 o.n ",- '< 0 fl ",'" n o' 0 0. " n - Z 0 g. 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'" "''CJ'l~", .. ;l8Z",[;l l"lt"'><(il"l " ~_loooO .., ",z"'15' i' .. ~;!l l"l z>"'>z l"lz Zo :<!t::l t::lt"' ><'" >> Ol"l ~'C ::0:= 0> ~< n... .... ;;:-> zn 0 ... ",'" ><Z l'1'" ...~ '" ::3> ..~ ~ "':= l"l l"l ~ -. s: l"l Z '" ." ~ ~ ;r -.~ ~I h _~ ~ ~ - '" .. , -~,-,. ," .-', '- " i RE:~l.~S'.~'" i SENDER: DMK I i (.3, _Article Addressed to: ~:1DEBRA A. ZOOK, AlK/A DEBRA CONRAD l~OK,AlK/A DEBRA A. CONRAD ~'::n'l LINDA STREET : DEER PARK, TX 77536 I i 1 i , " ~$, J;!ecelV<>Cl By: (Print Name) f;~;~i~~~~_~- , ~~~~I~n'~_~~i~~~IT~;B;;"'\i') . .' EOirillii'. "Decembe'J994"!'~"Ii';""~"1i!"">\i'K c.;; ,i.., . ... . ~:'~j)i' ~ ~, df#~':i!NtLWil'j}~I&ci;q;f!f'~,' <' '" ,,;lii~;[,(:2V",,i;'/__ .i1IiW :.f,;.. ." .,..'W:"..;, :"\"''!/,1''~'F';'_,'0:;W.. ....... ;~!';ilfi,""" '. '_, - '-, '_ '''__'''-''':' ",-'-', _. CO " " . '_" _,i' ' .._', '"'" '_'_.",~, '~"_:" __ ...' _, ' . '" fR,:, SAL~:~:'\~~:"7 :1 SENDER: J?MK '.l",.. ",..' - ,," , '-. '~', ....,,'.-. " '..... j 3. Article Addressed fe: i BARRY E. ZOOK ~ : 601 HUNTINGTON AVENUE, F/K/A25 . HUNTINGTON "STREET -~ . ~ ENOLA, PA 17025 I I!'. !l tL '''1'S ~ .~1, Decembe(f99.4' - - ~l ,~ \ ': _;- 'i J, : 1 j, \;; '. : ;.. ,; . , 'il~.t;~~';, 1 also wish to _va the I,' , following service (fo.. an extra ~): p H &o.~r&D ,[] I" IlEUVERY ,'v I' , 'Consuft postmaster for te8." n " 4a. Article Number " i' P 9b9 D55 3:Lb i,i q 1111111I1111111I111111111I11I1111I~111~11II1111I1111I~1 d '1 I 4b. ServIce Type ~ . .CER'OFlED 7. Date of ~... ,"'-' , " , .' t: )i' I"~ 8. Add H Do[l1e~iR;!;l~~[~.e rl I. also wish to N<:8ivejhe . following service (fo"ari~~): ~ [1 Consuft postmaster for fee. 4a. Article Number I: i r, P 9b 9 D S;5 3 :L5 1111111111111111111I11lI111111111111111~IIIIIIIUIIIII~I. 8. Addressee's Address Domestic Fletum Race , ~~, ''0 ... " ,. . '.. "-.'~ '- .; ,'-.' __ i. ~~il!ile-<'; I ~ P "'b"l ass 315 BARRY E. lOOK 601 HUNTINGTON AVENUE, FIKIA 25 HUNTINGTON STREET ENOLA,PA 17025 TO: SENDER: REFERENCE: DMK SALES PS,FORM 3800 SEPTEMBER 1995 -go Certified Fee RETURN RECEIPT SERVICE Retum Raceipl Fee ..-:..-,'" ReslricteclDellvery Total Postage and Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail 2.65 6.60 0.00 2_75 _.-------#-~---'--- TO: P "110"1 ass 31b ~ DEBRA A. lOOK, AlK/A DEBRA CONRAD lOOK,AlK/A DEBRA A. CONRAD 314 LINDA STREET DEER PARK, TX 77536 SENDER: REFERENCE: DMK SALES ,":" PS FORM 3800 SEPTEMBER 1995 -.. Co<lIfled"" RETURN RECEIPT SERVICE Rel1JmRecelptFee RestrIctedOellvefy TolaIPostageandFees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do not use for Intemationel Mail 2_65 6.66 0.00 2.75-' (!di!H!~~f:<:'rJ\.i>;b,'\~,1t~~,.kl'~&;~~r'~-<';M,,;,,',*,,,ifH&~llil",-,~~<I'iMi1",;~M~~g~,~~iMIRo~llOlil "'"'1iilIi' .~ ."""""'" - ~!::. 0" .~ 0 0 ,~ C CJ -.." -n s: Z "DC\] ::::> mr" ::n zjj 1"_ Ze- I ""1'""1 ',.- :....~ (fJ -'"' 0' ;:'::.(.1 -<2.:: ~C) ,I(~, -U ~.~::: ~~ ~O ::ll: ~~ --0 Pc: ':Y .~ Z N s;:' -< -< (J1 ::? - .'~ . 'illOri!lH'L, t! . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE CORPORATION Plaintiff CIVIL DIVISION vs. No, 00-3081 CIVIL BARRY E, ZOOK DEBRA A ZOOK, A/KfA DEBRA A. CONRAD ZOOK, A/KfA DEBRA A. CONRAD Defendants " " Ii AMENDED AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEAL TH OF PENNSYLVANIA SS: CUMBERLAND COUNTY I, FRANK FEDERMAN, ESQ" attorney for GMAC MORTGAGE CORPORATION, hereby verify that on SEPTEMBER 15, 2000 and NOVEMBER 6, 2000, true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded Iienholder(s), and any known interested party, see Exhibit "A" attached hereto, and the Notice of Sale was sent to defendant(s) on SEPTEMBER 15, 2000 by first class mail and certified mail return receipt requested, see Exhibit "B" attached hereto. Date: November 7. 2000 ~ GMAC MORTGAGE CORPORATION Plaintiff, v. BARRY E. ZOOK DEBRA A. ZOOK, A!K/A DEBRA CONRAD roOK, A!K/A DEBRA A. CONRAD Defendant(s). -" "-_U,l~~c'- CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 00-3081 CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK i. FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 601 HUNTINGTON AVENUE. ENOLA. PA 17025. NAME 1. Name and address ofOwner(s) or reputed Owner(s): BARRY E. ZOOK DEBRA A. ZOOK, A/K1ADEBRA CONRAD ZOOK, A/K1A DEBRA A. CONRAD LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 601 HUNTINGTON AVENUE, F/K/A 25 HUNTINGTON STREET ENOLA,PA 17025 314 LINJj)A STREET DEER PARK, TX 77536 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME Bank of New York, The Trustee LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) C/o Rosicki, Rosicki and Associates One Ole Country Road, Suite 375 Carle Place, NY 11514 ~L. ~ . - '" . ~ ~~~ - . """~'"'-"', . '4. , Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tbe Bank of New York as Trustee under tbe Pooling and Servicing Agreement dated as of 11/30/95, Series 1995-C 100 Barclay Street New York, NY 10286 Goldbeck, McCafferty and McKeever 111 S. Independence Mall E #500 Philadelphia, PA 19106 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest rnay be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 601 HUNTINGTON AVENUE ENOLA, P A 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 East Pennsboro Township 98 Sonth Enola Drive Enola, P A 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are rnade subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to .unsworn falsification to authorities. Novernber 7. 2000 DATE ~~~- F FE RMAN, ESQUIRE Attorney for Plaintiff ~~ "-~ "d.o ~~ ~, ~~~- -' . ~~,,, 0:>- Z ...",,, . r:n 1:1. 3 '0"" r" " " (ii's. S' " " " ~ e. - N - - " ~ ~ : . z vo -I>- '" - 0 '" "" ..., '" vo -I>- '" to.> ., C. r"_ ~.3 l " ~ 0-" or" '< 0 > "'~ " " ~ o' 0- " ~ Z 0 3 or ":I"'''' ~ =.~t"l I, ;'00 I ~ c..,;t"l "'"" \Cltr:l-O 0"'0="'''' Z l'tI 'l'll ;c Ii " 0 "">"'0 >:l:2'>;:1'l ~ a. eI 3 ';;-":::: '. "''''2::::: ..,t"lt"l2:::r:2: " ...= < Z 0"'0 .r I"J > " 0 ~ t"l= 0;0:: e> 0 I 0-3 e":l:>:lt"l ~ ... 'l'll 2: I 0>1:""02:2: > aor ..,t"l..,'" 0- ":1= I!> '0" ~ :l:z::r:::l >Zt"l."..,~ 0- >;;- 1, o " a . 0 t"lz::r:1"J "';0:: ("lZ-O ., ":I II ~ ~ s;oo~~R ~"C:c o~ z"'>:>:l " I' ~ ." -;'~ Sg O=zt"l _"'e "'e '" S ~ ~ II ~ ~ 1:""001:"" _z~o<O":l :i " -> :i; = >:>:l<> i:;l~:>:lOz> p. "'z :'J 001'l::l ~ o<:>:l>~ ~ = ., "<:I :>:l"':>:l0 ::;: ;'1 ~~:>:l.r:;;3 0- " Ii ~ -o",z '0 '" .:'5~...", ,"-O..,z 0 g .>:' :i ;d 0 _. "... ~ :c " t"l;O::ol'le 0 ~ i ",'0 l'l"'l'l." :>:l >. I'l 51 ':' 3 ~ z::r:l'l("l 0 t: 'C ~ ~~S~~ " , -3 o::;::le > ,: ~ ~ I:"" rI:::: 0- H " " ? >= ",:Z=;j"'> 5;- 1! -." "'e .., a '0 ":I :>:ll'l tncnr..N~N . i, " " > I:"":>:l h ~ ...:.q~"'1 tn " Z -I:"" .. t"l,~ ,. ::r: " - ii ~ ..., "'> -t"l("l("le 0 t""z g~>o~ I' N l"lo I; 0 '" ~ ":I("l =og;:>:l- i1 1;' " >0 ~~t"l~~ Ii 0 I' " :::ie ("l ":1-'" <' S' ~z s:~~E~ '" -.., "'0< 0< I'l . '" I: "'":Il"l~.., ~8~~g; gJC-("l~ 11 -3 Z u: 2S "'0 .. I:'l - I'l z>-I>->z I'lz Zo ::Eo 01:"" ;; >> II 0<", "" Ol'l "'.., :>:l:Z= 0> Ii ;0::< ("l_ ... - .........J z("l >~ " <.... -3N [{ Z I'l'" , -I:'l '" 13> ""I:'l ~ "':z= ~ I'l t"l :::: I'l z .., ". . '0 . 0 " ~ '" " ." " " . ~ _J ~.' U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAll, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER .~Affix fee here in stamp Received From: FRDRRMAN AND PHRTAN TWO PENN CENTER PLAZA, SUITE One piece of ordinary mail addressed to: \ GOLDBECK MCC FFERTY AND MCKE 111 S. INDEPENDENCE MALL E #50 PHIL.~ELPHI~, P^ 19106 DMK RE : ZOOK PS Form 3817, Mar. 1989 [., II ':1 11 'I t; " rj Ij 1-1 'I {j " II 'I 1.1 ., ;i , 'I :i 1-1 Ii il i.' i"i i1 '1 , ,] 'I [I II ~ I I i I I , I I ~ I , i , I I , I I , I _l"_ , RE: SALES ....._. J SENDER: DMK 3. Article Addressed fo: BARRY E. ZOOK 601 HUNTINGTON A VENUE, F/K/A 25 HUNTINGTON STREET ENOLA, PA 17025 , PS Form 3811, December 1994 REi-'.sALES - - .,. - SENDER: DMK : 3. Articre Addressed to: F.-,DEBRA A. zaOK, NK/A DEBRA CONRAD ;~.zoOK,AlK/A DEBRA A. CONRAD ,14 LINDA STREET DEER PARK, TX 77536 , PS Form 3811, December 1994 '-~' - I also wish to receive the following service (for an extra fee): ii: ;1 [] RESTllICtED IlEUVERY Consuft posbnaster for fee. 4a. Article Number il. it: II: If. I' iii {j ~~ P9b9D55315 Ilnlmllll~"lllllmllnl"'OOI~1111111 "111II~li " :fj 1', 'I': i ~ it Ii 'I' :i' -c.'Jr3 " Ii; Ii, , i' Domestic Fleturn Rece, Ii I also wish to receive the 10llowing service (tolC an extra fee): ~ED '~ -censuft posbn..rter for fee. 4a. Article Number I~ Ii I: Ii P9b9D~i531b !: 111111111111111111111111111111111111111111111111111111111 II Ii !i i" a.Add Domestic Return Rece; ... ~'; ~. .- TO: - P 91> 9 [] 55 316. DEBRA A_ lOOK, AlKlA DEBRA CONRAD lOOK,AlKlA DEBRA A. CONRAD 314 LINDA STREET DEER PARK, TX 77536 Ii i' I, , ! SENDER: REFERENCE: DMK SALES PS FORM 3800 SEPTEMBER 1995 -go RestricteclDelivery Total Postage and Fees ~;65'- ---'-'--0;00-'-- -0:00---' .--.....---.....2,75..... i"i ;! r~i i:': ii~i CertifiedF911 . RETURN RECEIPT SERVICE Return Receipt Fee US Postal Service ~i Receipt for Certified Mail n iii ti II fi h "I I.t i.I I.; Ii PI I[ " n No Insurance Coverage Provided Do not use for International Mail TO: P 969 []55 315, BARRY E. lOOK 601 HUNTINGTON AVENUE, FIKlA 25 HUNTINGTON STREET ENOLA, PA 17025 'I {' i ~ i", f' [i ::: Ii "[ SENDER: REFERENCE: DMK SALES PS FORM 3800 SEPTEMBER 1995 -... RETURN RECEIPT SERVICE Retum Receipt Fee ---'---'---2-;65-"" ,.-------{},O(} --....----.----0.,00--. ...---2,75-- CerttfledFee RestrietedDelivery Total Posla9llland Fees 8~ )i~ 200[ ~~~ P US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail .1Bi~~11'"ili&:!ful-*1l!Jlifu'r;tlll.:\illJJi~!;>~~,Mii!it";~~,'n:~~'~'~~lll"'iiWlWl~lif~1lIilOOl;liJllil:"-"'P - t ~ - ~~;~~Iliuj"- "--~ ~.~ 0 (;::> 0 C c.:..."') -n s: ~ -0 0) [:) ~, rnp1 ,,-..::. , Z'T' ...,nl ZC -"0 U). C;.~"- c.) \,_':oJ.(l.., 2: C) -0 ~-(:~i '- <:}3 3EQ ~,.;::.. ~:sn1 _,..Ll ~1 " . 3"c 2 ....,. C' ~ 01=- :'i( -" in' . . ...!-\.lo;,- \' .,:' ~ GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v, COURT OF COMMON PLEAS BARRY E. ZOOK DEBRA A. ZOOK A!K/A DEBRA CONRAD ZOOK A1K1A DEBRA A. CONRAD CIVIL DIVISION NO.OO-3081-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, I) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 601 HUNTINGTON AVENUE, F/I(fA 25 HUNTINGTON ST. ENOLA, PA 17025 i: i" I: 1'- 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) BARRY E. ZOOK 601 HUNTINGTON AVENUE, FIKlA 25 HUNTINGTON ST. ENOLA, PA 17025 II !I ~ i n i1 II " Ii ~ ! DEBRA A. ZOOK AJK/A DEBRA CONRAD ZOOKA/K1A DEBRA A. CONRAD 314 LINDA STREET DEER PARK, TX 77536 I' d " n !:) " 1'1 il 2, Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Bank of New York, The Trnstee Clo Rosicki, Rosicki and Associates One Ole Country Road, Suite 375 Carle Place, NY 11514 , ,^-"",iIcl!l!iIRI ~ 1\. I.e. ~~."~ 1I"- 4. Name and address of the last recorded holder of every mortgage ofrecord: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of 11/30/95, Series 1995-C 100 Barclay Street New York, NY 10286 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6_ Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) i,1 i" 1,1 I I-I "J None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: " I t-! 1'-: ,. ,-) NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Ii Tenant/Occupant 601 HUNTINGTON AVENUE, FIKIA 25 HUNTINGTON ST. ENOLA, PA 17025 I,: 11 I' ;-1 " [I H Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 " i1 i'i ~ ~ il '1 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 East Pennsboro Township 98 South Enola Drive Enola, P A 17025 1 verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. 1 understand that false statements herein are made subject to the penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 1- 1 , 1]_ June 4, 2001 /~ -D DATE FRANK FEDERMAN, ESQUffiE Attorney for Plaintiff ~ilriiMli_~'"" '~.:iii.tm;~llliliI!iI~fdlli8U~~_iti~;ai\li~mg;~!!1'.i'J!i;;mi-'~~~~P~- ~ i ~ ~-=' i!D!iIIl'iiti! OM ~ . .~," "'"", ") .. " 01 0 C " 5:: c-. --; rgCD c::: ''- ZfT> Z ;":ii :.n :D r Ze- I -om ~~ -.n ::nO 0' :.- CJ -0 '-19 j> O-H zO 3: --=0 ----,.('"') Pc r- om z 0 ~ ~ .1:'" -< 11IO_' ~.- ~ ~.'~ 03/24/01 14:48 FA! 215 882 1940 1ilI002 G!lACM - CORP DEFAULT " .,"--..' '--' UNITED STATFSBANDUPrCY COURT MIDDLE DISTRICT Ol!" PENNSYLVANIA INRE: ZOOK. BARRY I!UGENE : . . : CASE1W.lIO-O!iO!)3RJIW-l ~ : CHAPTER 13 : : DebIOr(S) NOTICE TO CREDITORS AND OTHER PARTIES IN INTEREST . --- Notice ill hereby given that the Court has entered an Order dated MARCH 12, 2001 DlSMISSING the above-capnoned case due to: The DEBTOR has FAILED TO Al>PEAR at Scheduled 341 Meeili1gs_ ~7wgf(r ,,'I{I DEFAULT DEPARTMENT MAR 2 1 200t RECEIVED DATE: March 12. 2001 Clerk. U.S. Bankrup~ Court 22ll WALNUT ST1U!ET P.O. BOX 908 HARRISBURG, PA 171Oll-O!lOll VAN-87 02C1tSS ,. .. ,,-6, ~< ;' Ii i.! ii i': Ii II I' [f " " " jj >, 'illI!Miii!illl!.lil;i~X1it;.;~,to1.ilW"","",;:"g'tJ,t'ill!ft~'!:1;"-'1m!IIi~I!~Fil".llili'~'.~"'~'kW')'\il""'-MiiJjl_l~lM~it!liIoIiil'k""~ 4'JI'1lfl K"<. ,., ,.- .,"., ., l.iiiOIilUI:&lllll~"~~"""""- ~ 1iiilIOi.~!Iiiil!''--- < o fE d?W ?:::v Zr" Ci5R ;:$C-S ~J <:0 :sO ~ ::< C> CJl c::> ~ ::~ - c... fii I "-oj i':~:n 'r--' i:~fJi ~-Jf:J ;::--'.--:---fi u_ ?(') dn"1 :% -<: ;j? r.- fl'!.: ~- .,~-. .1 -"~ , .,. GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No.OO"3081-CIVIL BARRY E. ZOOK DEBRA A. ZOOK AlK/A DEBRA CONRAD ZOOK AlK/A DEBRA A. CONRAD -.." Defendant{s). June 4, 2001 TO: BARRY E. ZOOK 601 HUNTINGTON AVENUE, F/K/A 25 HUNTINGTON ST. ENOLA, PA 17025 DEBRA A. ZOOK AlK/A DEBRA CONRAD ZOOK AlK/A DEBRA A. CONRAD 314 LINDA STREET DEER PARK, TX 77536 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO COLLECf A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."" Your house (real estate) at 601 HUNTINGTON AVENUE, F/K/A 25 HUNTINGTON ST. ENOLA, P A 17025is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2001 at 10:00 a.rn. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. Ifthe Sheriffs sale is postponed, the property will be relisted for the DECEMBER 5, 2001 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attomey's fees due_ To find out how much you must pay, you may call: (215) 563-7000. 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 irnproperly entered. You rnay also ask the Court to postpone the sale for good cause, 3, You rnay 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 rnore chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. - , 2, You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property, 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer, At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house, A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale, This schedule will state who will be receiving that rnoney, The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed, 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ,~-". ~~" iiih',.,,-, " -, .- DESCRIPTION ALL TH.-\. T CERT.-\.IN tract or parcel of land with the buildings :md improvemems thereon erected situate in East Pennsboro Township. Cumberland County. Pennsylvania. more panicul:.lrly bounded and described as follows. to wir: BEGINNING at a point at the ;'Iiorthweste~ly corner of Huntington Street and Chester _-\.venue: thence J.!ong the Northerly line of Huntington Street South 87 degrees 30 minutes West, 100 feet to a point; thence North 2 degrees 30 minutes West. 1+2 feet to a point at the Southerly line of a 15 feet public J.!ley; thence along same North 87 degrees 30 minutes East. 100 feet to a point on the Westerly line of Chester .-\. venue aforesaid: thence along same South 2 degrees 30 minutes East. 1+2 feet to a point the place of beginning. BEING premises known as No. 601 Huntington .-\.venue. formerly known as 25 Huntington Street. TITLE TO SAID PRE~nSES IS VESTED IN Debra _-\._ Conrad Zook and Barry E. Zook. wife and husband by Deed from Sarah Howard. Executrix of the Estate of Charles W. Snyder. late dated 12/1/87. recorded 12;29/87. in Deed Book C33. Page 867. - iiii~~i~~'1ill'if>.l;&"~'~'~lWl~~~'~!I,;,uA~_,,,v.,""';i&~'iI'>>Pi-5li~~~~~"~~'.'r.I~- ... ~~~~ -'!lilI~ " '~Iiilllflij~J () 0 0 c s:: " ;:;;jW C- --, c: ~f1;: 2m :z z:XZ I '"{jm ws,:. -' en? ~..;: ()U <c-J -0 '--:'frir1 )"'0 ::r.: r,:D 2:0 '-0 Pc r:- Om ~ 0 >! m ::0 -< "'" " ., , . p. ~ . ~- "- ~'iIii:I ~ .' JiI - AFFIDAVIT OF SERVICE . PLAINTIFF GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY N o.00-3081-CIVIL DEFENDANT,S) BARRY E. ZOOK DEBRA A. ZOOK A!K/A DEBRA CONRAD ZOOK A!K/A DEBRA A. CONRAD Type of Action - Notice of Sheriff's Sale SERVE DEBRA A.. roOK AIKIA DEBRA CONRAD WOK AIKIA DE~RA A. coNIW> AT 314 LINl>A SllREET DEERI'ARK,TX 77536 - 5ale Date: SEPTEMBER 5, 2001 SERVED RECEIVED JUN 2 1 2001 BY:?: 15 P.AJ ~~ day of .JUN(" , Served and made known to ~ /J . "ZD':;J:. . . Defendant, on the at 1<;:</0 , o'clockj2.m.. at ~j+ GnP,,>;sr; veelt- ?'lrk) of Pennsylvania, in the manner described below: .- I evllT.:1 .- , Commonw',alth / Defendant personally served. \/' Adult family member with whom Defendant(s) reside(s). Relationship is ~-eI" - IN - I ""N Adult in. charge ofDefendant(s)'s residence who refhsed to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place ofbusiness_ an officer of said Defendant(s)'s company. Other: ~'\'(o aLJ 2~k i "",,, /' ,_" ,... C Elescription: Age --Ll.L Height ~ Weight ~ Race ~ Sex r' Other 1,:J;;C:1 1<'05 <, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and cdrrect copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date ,rod at the address indicated above. :i II 1,1 :'j II II ! .? ~. ~ Onth . <!). ~ __ '1'y... '{"i!/'~' ANDRa^, C. MANGER ~ry Public, Slate on.xas 200_, at My ommissiofi Expirds ,~ . _yMfii~D03 No~wer -~-- -~l'\"~<;;;;'"V~i'\':"'''''_'t ~ , o'clock _.m, Defendant NOT FOUND because: Vacant Other: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Bllulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 - ltillliilli '1:("-" .' Ji:_llmfi~~'~~'=lIjj-!iI~~~..~ltl!lj~~~l!idiid'L - iiliIifiIllIm! ~ili C) (,:J C -~.~ .-' """'C.i - fn I - ...~ Z :T 0':1 l -- r:: .' '~?~ (; j"~ E; i:;'~) ~- :~ ~. (".J .,'" , \ .. ....-- , --I ,,_.~ ~,>,- . I j ~ -,<,~ AFFIDAVIT OF SERVICE P.LAINTIFF GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY No.00-3081-CIVU. DEFENDANT(S) BARRY E. ZOOK DEBRA A. WOK A!KIA DEBRA CONRAD ZOOK A!KIA DEBRA A. CONRAD Type of Action - Notice of Sheriff's Sale -, SERVE BARRY.E. ZOOK AT 601 HUNTINGTON AVENUE, F/KJA 25 HUNTINGTON ST. ENOLA, PA 17025 Sale Date: SEPTEMBER 5, 2001 SERVED Served and made known to fj -;;Jf-.'f..j [:, Zoo k at 7: fa . o'clock fm, at . to I HvN+'IJ, tOlJ .A1I~,,. E/JO 1<1 of Pennsylvania. in the manner descnbed below: -X-Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. , Defendant, on the J8f~ I dayof ~ N ~ .200J, ~ . Conunonwealth Other: 1#$ - _/:2_ J Description: Age-#Q HeightJL(2' Weight.j..&.j- Race \}l~ Sex~ Other {:...;eiM I, c.l<:lt.e10c€- L, ~1'- -t l.::r: competent adult, being duly sworn according to law, depose and state that 1 personally handed a true and correct copy of the Noti e of Shenfrs Sale m the manner as set forth herem, Issued m the capnoned case on the dale and at the address indicated above_ ~{r NOT SERVED On the __c:~ day of , 200~ at o'clock _.m, Defendant NOT FOUND because: ~1ovcd Unknown No Answer Vacant Other: Sworn to and ,ubscribed before me this ____ day of ".l 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suhurban Station, Suite 1400 Philadelphia, P A 19103 (215) 563-7000 - ~!liI_~~_wa._'J,'1i"'>',,"''-i,i,,,i",~~#!j!l!IiIi~~Sii\..lijl>H~t!,M.&i~~j,""--"lb;;l"'-'i!t.l:i,Jl.\'.'~oiiJ>Ji\lI~~~~llil!iiI.':="'-"'~~. III!!! .,- '" -~"" -~, u" ...,.".~ .~. < l "!liIllI~ilII~wl- <-&~~.= ' ~" Q ~ ..,.~ -,---.-' d:!{;: ,(~ "",- ~~:\: ~::'_c' ,c.-c" /~~ -< C." --'j ~-) :::> en .\ ~ , ..l"~~'''' '- " . .~ '1iIlIte:'. .... I1:co~ 3o~/ ~Jt{ STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } ss. Robert P Ziegler I, ______________________________________________________________________________Recorderof Deeds in and for said County and State do 'hereby certify that the Sherifrs Deed in which _nn__n_______ GMAC Mtg Corp . ---------------------------.---------------------------_____________________________ ~ thegranree the same having been sold to said grantee on the -----~:~-________________n__n________n___n day of September . 01 " ____________________n__________n___n_ A. D., ' n___' under and by virtue of a wnL____n____n_ 7th Execution . ____________________________n______ _____ _ _ ___ _ _ISSued on the _ __________ __ ___ ____ __ __ n __ n _______ June clay of __________________________ A. D., Civil ---------------------------- - -.--______ - _________ __ nn___ ___ ______n__ ____ __ _____ Term, : 01 -----, out of the Court of Cornman Pleas of said Countyas.o. f 2000 . 3081 GMAC Mtg Corp Number --------------, at the suit of ------_n___________n__________________________n___nn_n___ Barry E Zook Debra A Zook aka Debra Conrad Zook . Debra A Conrad . ---________________________________agalnst____________________________________________________ ~ 248 3237 duly recorded in Sherifr. Deed Book No. __n_n_n__' Page ______n____. uka IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ___~n_ clay (!), , -/-" ~r /1tV I of ____n_(..d~___n_______n____ A. D., _n___ ~-~----------------- Recorder of Deeds Reconlef 01 Deeds, Cuinbetland County. Carlisle, FA My CommiSSion Expires the First MoIidIy GI JaB. 2llQ2 1_11I' " _: " ~, ... GMAC Mortgage Corporation VS Barry E. Zook and Debra A. Zook Alida Debra Conrad Zook aIkIa Debra A. Conrad In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2000-3081 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states on July 02, 2001 at 6:03 o'clock P.M., EDST, he served a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon one of the within named defendants, to wit: Barry E. Zook, by making known unto Barry Zook at 601 Huntington Ave., Enola, Cumberland County, Pennsylvania 17025 its contents, and at the same time handing to him personally the said true and attested copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states on July 2, 2001 at 6:03 P.M., EDST, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action upon the property of Barry E. Zook and Debra A. Zook aIkIa Debra Conrad Zook aIkIa Debra A. Conrad located at 601 Huntington Ave., Enola, Cumberland County, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following maimer: The Sheriff mailed a notice of the pendency of the action to one of the within ll<m1ed defendants to wit: Debra A. Zook aIkIa Debra Conrad Zook aIkIa Debra A. Cobrad, by certified mail return receipt requested, restricted delivery, deliver to addressee only to her last known address of3l4 Linda Street, Deer Park, Texas 77536. This letter was mailed under the date of June 29, 2001. Letter was received by Debra A. Zook aIkIa Debra Conrad Zook aIkIa Debra A. Conrad on July 2, 2001 with return receipt card signed by Debra A. Zook. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action by regular mail, to one of the within named defendants, to wit: Barry E. Zook, at his last known address of 601 Huntington Ave., f/k/a 25 Huntington Street, Enola, PA 17025. This letter was mailed under the date of July 05, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action by regular mail, to one of the within named defendants, to wit: Debra A. Zook aIkIa Debra Conrad Zook aIkIa Debra A. Conrad, at her last known address of 314 Linda Street, Deer Park, TX 77536. This letter was mailed under the date of July 06, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T" and sold the same for the sum of $1.00 to Attorney Dale Shughart (for Attorney frank Federman) for GMAC Mortgage Corporation. It being highest bid and best price received for the same, , iJ :i !i ',j 'j ;~ i ':: ~: ! ;i] c, " i ;J ~ j :i fj tj I ~ 1 " tj \1 i' I " (1 Ii [i r: i: n i; I, I: 1': I: I tJ ~"I ~ .' c~., ''L', i~'; i GMAC Mortgage Corporation of500 Enterprise Road, Horsham, PA 19044, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of $682.34, it being costs. I', (' 1 Sheriff's Costs: Docketing $ Poundage Posting Handbills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Legal Search Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed Sworn and subscribed to before me 2001, A.D. oI:j 30,00 13.38 15,00 15.00 30.00 10,00 I:'! , I;', ! (i u h h I'; 1.00 9.75 .97 15.00 30.00 j'," :;, h I 1 1 i f' I:" I. 237.50 197.58 25.66 25.00 26.50 $682.34 paid by attorney 09-26"01 i II !: 11 1 , " i I, I.: t3 1- Ij So Ans';!')I;/ /~ _ ~~..,e:J<.r~ R. Thomas Kline, Sheriff F-, I. i: I' i: , ,. I, BY GpdLfjmeth Real Estate Deputy /0 "JO'~ f,uU OIL 3'1'/17 r fL. //1323 ......... ~,..J'>titl' ~.~, . lI~j, .' ( . --.GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY .. Plaintiff, v. COURT OF COMMON PLEAS BARRY E. ZOOK DEBRA A. ZOOK AIKIA DEBRA CONRAD ZOOK AIKIA DEBRA A. CONRAD CIVIL DIVISION NO:1l0-3081-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 601 HUNTINGTON AVENUE. F/K/A 25 HUNTINGTON ST. ENOLA. PA 17025 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) BARRY E. ZOOK 601 HUNTINGTON AVENUE, F/K/A 25 HUNTINGTON ST. ENOLA, PA 17025 DEBRA A. ZOOK AlK/A DEBRA CONRAD ZOOKAlK/A DEBRA A. CONRAD 314 LINDA STREET DEER PARK, TX 77536 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3, Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Bank of New York, The Trustee C/o Rosicki, Rosicki and Associates One Ole Country Road, Suite 375 Carle Place, NY 11514 - ~ ,~ ~ "~ . , f I " <4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) . The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of 11/30/95, Series 1995-C 100 Barclay Street New York, NY 10286 - ~ 5, Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7, Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 601 HUNTINGTON AVENUE, FIKIA 25 HUNTINGTON ST. ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 East Pennsboro Township 98 South Enola Drive Enola, P A 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or infonnation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.s. Sec. 4904 relating to unsworn falsification to authorities. W ~ June 4. 2001 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff - , .~~ . ~ ~ "~L ~~- ~ ~ ~ "~~ ~'- . .-4 " I GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No.00-3081-CIVIL BARRY E. ZOOK DEBRA A. ZOOK A/KIA DEBRA CONRAD ZOOK A/KIA DEBRA A. CONRAD -'" Defendant( s). June 4, 2001 TO: BARRY E. ZOOK 601 HUNTINGTON AVENUE, F/KJA 25 HUNTINGTON ST. ENOLA, PA 17025 DEBRA A. ZOOK A/KJA DEBRA CONRAD ZOOK AlKJA DEBRA A. CONRAD 314 LINDA STREET DEER PARK, 'IX 77536 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIllS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."" Your house (real estate) at 601 HUNTINGTON AVENUE, F/KJA 25 HUNTINGTON ST. ENOLA, P A 17025is scheduled to\fu-sold at the Sheriffs Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. Ifthe Sheriffs sale is postponed, the property will be relisted for the DECEMBER 5, 2001 Sheriffs Sail:. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you rnust take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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. - -= . _ 1. ~-~ """"'''-'" ~ .~'~~ ~ - - ~ ~,'""'~- ~~'~~"""1 .' l You may need an attorney to assert your rights, The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563"7000. -.. 2, You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the Salll, To find out if this has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer, At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of j distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale, This schedule will state who will be receiving that money. The rnoney will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA \\'YER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 "~ .. --"," " -, .- DESCRlPTION ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected siruate in East Pennsboro Township. Cumberland County. Pennsylvania. more particularly bounded and described as follows. to wir: BEGINNING at a point at the Northweste~ly comer of Humington Street and Chester Avenue: thence along the Northerly line of Huntington Street South 87 degrees 30 minutes West, 100 feet to a point: thence North 2 degrees 30 minutes West. 1.+2 feet to a point at the Southerly line of a 15 feet public alley: thence along same :-.forth 87 degrees 30 minutes East. 100 feet to a point on the Westerly line of Chester Avenue aforesaid: thence along same South 2 degrees 30 minutes East. 1.+2 feet to a point the place of beginning. BEING premises known as .\io. 601 Humington .-\venue. formerly known as 25 Huntington Street: TITLE TO SAID PRE:ynSES IS VESTED IN Debr:J. _-\. Conr:J.d Zook :J.nd Barry E Zook. wife and husband by Deed from Sar:J.h Howard. Executrix of the Estate of Charles W. Snyder. late dated 12/1/87. recorded 12,29/87. in Deed Book C33. Page 867. - ~'ifl iWll,." . " WRITOF EXEctrfldN and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-3081 CIVIL ~ TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due GMAC Mortgage Corporation PLAINTIFF(S) from Barry E. Zook, 601 Huntington Avenue, F/K/A 25 Huntington St., Enola, PA 17025 Debra A. Zook A/K/A! Debra Conrad Zook A/K/A Debra A. Conrad, 314 Linda Street, Deer Park. 'IX 77536 DEFENDANT(S) (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 notffy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt;:10:~r for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing theniof:. ,"\ :.(3) If property ofthe defendant(s) not levied upon an subject to attachment is found in the possession of anyone other thana-named garnishee, you are directed to notny him/herthat he/she has been added as a garnishee and is enjoined as above staietl. Amount Due $35.53] .90 LL fran 8/1/00 to 9/5/01 Interest (pcffiicm $5.84) $2366. and costs- Due Prothy Atty's Comm % Other Costs Atty Paid $708.53 Plaintiff Paid $1.00 Date: June 7, 2001 Curtis R. Long Prothonotary, Civil Division b~O/)'o 0 _ P 7J;-J? /J.A(, r------- Deputy REQUESTING PARTY: Frank Fedennan, Esg. Address: One Penn Center at Suburban station, Name Suite 1400 philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court 10 No. 12248 ~ - ~".!djW'" ~'--'U-'"'-''''li6j':', .-,' n_' - ,,- , : ' _W:li!fJ*,~JlllilIiDj!!i,",lil4'!lW.WfiB~1i'k;i!l!li!<l;e!llli'->1ldif"~~!BM-""'~'-'" - -b~i<.Mli~_in~~L liI'Jljj~'m_"""~__J ,- .........MiI\1liilli~ - ,- " >-,! . REAL ESTATE SALE No. j1 " Gii CJU VLQ- 13 { ;( rm I the snentt levied upon the aetendantil, interest in the real property situated in Eilof P.u'l.f\E hora 1w(J, C,umberland County I Pa" known and numbered as: (,01 l-h::f;;rJ' ~ ~. .... JA cQ6 Hu . f7;m. 8t-. !:::t/Pu.v _ and more fully described on exhibit "A" filed wit rJK/A this writ and by this reference incorporated herein. ....,- Oat8:yuru. 1-3_ B.~OI . By:q'C:tu~ ~ c:a C\iV c:::;::I .~. \iUV '" ' l' <: \J H 3 d \' \"... i\ ,..' ' , ; -; .,f _p, \ _ 1 - ~: ", ' ,:~ :,"'} \\\, V,d Be t 1\ "!If _ , -', ',\:(iAH~ \ ,IJ[IV;" ';'~od;lO ""'~"U'" ",'" .1\1 ~.,," H\\l,no ,." - !IIII' - II REAL ESTATE SALE NO. 27 Writ No. 2000-3081 Civil GMAC Mortgage Corporation vs. Barry E. Zook and Debra A Zook a/kj a Debra A. Conrad Atty.: Frank Federman DESCRIPTION ALL THAT CERTAIN tract or par" eel of land with the buildings and improvements thereon erected situ- ate in East Pennsboro Township, Cumberland County. Pennsylvania, more particularly bounded and de- scribed as follows. to wit: BEGINNING at a point at the Northwesterly Corner of Huntington Street and Chester Avenue: thence along the Northerly line of Hunting_ ton Street South 87 degrees 30 min- utes West. 100 feet to a point thenct:L North 2 degrees 30 minutes West. 142 feet to a point at'the Southerly line of a 15 feet public alley; thence along same North 87 degrees 30 minutes East. 100 feet to a pOint on the Westerly line of Chester AVe- nue aforesaid; thence along same South 2 degrees 30 minutes East. 142 feet to a point the place of be- ginning. BEING premises known as No. 601 Huntington Avenue, formerly known as 25 Huntington Street. 'I1TLE TO SAID PREMISES IS VESTED IN Debra A Conrad Zook and Bany E. Zook. Wife and hus- band by Deed from Sarah Howard. Executrix of the Estate of Charles W. Snyder, late dated 12/1/87. re- corded 12/29/87, in Deed Book C33, Page 867_ """'''Ii... . ~ -~ ""nj i , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VlZ: JULY 20, 27, AUGUST 3, 2001 Mfiant further deposes that he is authorized to verifY this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r ~"~ __ Roger , Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST. 2001 ~~~~~. J~r/AJ " NOI'ARIAI:'sEi4. LOIS E. SNYDER, NoIatyPullllc Carlisle Bolo, CumberIaniI County My Commla&lon ExpiIIs MaR:h 8; 2005 ." r . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Pr.oof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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 Th e Patriot-News and The Sundav 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 24th and 31 st day(s) of July and the 7th day(s) of August 2001. 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 rellaneous Book "M", V;~:~g;~:~: ~(jmm;;~...._._.~;.~.......~.~~~;._~:~. S ALE #27 Notanal S.. , Terry L. RUSSfilll, N fY ~b ~ Harrisburg. oaupl'i{n 96!!!: ~~ My Commission Explfe; June S, 2002 TARY PUBLIC Member, PennsylVania Association at Netarie;... . J 6 '. 2002 MY commiSSion expires une, _ REAL ESTATE SALE No. 27 Wrft No.20D0-3081 Civil Term. GMAC Mortgage CorporatIon vs Barry E. Zook and' Debra A. look 'aIkIa Debra A. Conrad Atty: Frank Federman DESCllIPTION CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COUR1HOUSE CARLISLE, PA. 17013 A~ THAT CERl:AJ~ tract or pated of land wlm dle .hul1dlOg~ and ImproVt'lTlCnts thereon t:n.~lC4.,' situate in f~$t Pcnnsboro TownshIp, , CU11,1berland County, Pennsyhamll, more I r;!ttlcuJar!~ oounuoo and ckM:nbed a~ followS: (0 Wit: ! BEG1t:'lN1NG -m a pOt>>! at the NottiJv:eslerly wmer of HUlltmglO1l Street and Chcster Avcnue: thence along ,the NQrtherly line'or Huotmgton Street South ,'t7 dl'!tfCeS 30 mmutes We'>t, -](10 J feet tl) a -"'Jmt: thence Nonh .2 degI're'> 30 " r~toutes West, 142 feet to a pom! at the Southerly hne ora [5 fc,,'Ct public alley; thence along same N~rth 87 dcgree~ 30 minutes East, 100 fet,'l to a C po/m" ~Ij' the Westerly - line of Chester Avenue , _aforesaid: !hence along same South:: degrees 30 t - minutes East, 1.+2 fCt't to a pOlOt the place of BEGlNNfNG. BEING:preml~s known as No. 60f HUnltngton Av~ue; . fooncrl.l' known as 2.5 HlIntjoglQr] StR'Ct. r TffiE TO SAID PREMISES IS vested to Dehra A. Conrild Zook and Barry E. Zook, wife and hUsOOn~, by deed fmm Sarah Howard, becutrix ,?f the btillc- of ('hark~ W. Sny<kr, late dated 121 1/87. recorded ]2f:29~7, HI Deed Book en PageR07., ' ,"". Statement of Advertising CostS.-. To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 196.08 1-50 197.58 'ublisher's Receipt for Advertising Cost lublisher of The Patriot-News and The Sundav Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have By _. u uum'u u.uuuu. u...u.................._.. uu m .......