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HomeMy WebLinkAbout03-0964FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, STE. 150 HORSHAM, PA 19044 Plaintiff V. AARON W. SURRIDGE 709 SOUTH MARKET STREET MECHANICSBUDRG, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED ~rlLL 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 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 306620428 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, STE. 150 HORSHAM, PA 19044 The name(s) and last known address(es) of the Defendant(s) are: AARON W. SURRIDGE 709 SOUTH MARKET STREET MECHANICSBUDRG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 2/5/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 152 l, Page 588. By Assignment of Mortgage recorded 2/18/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 638, Page 203. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2002 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. 6. The following amounts are due on the mortgage: o Principal Balance Interest 10/01/2002 through 03/03/2003 (Per Diem $16.94) Attorney's Fees Cumulative Late Charges 02/05/1999 to 02/01/2003 Cost of Suit and Title Search Subtotal $96,998.96 2,608.76 1,250.00 79.61 $ 550.00 $101,487.33 Escrow Credit 0.00 Deficit 50.16 Subtotal $ 50.16 TOTAL $101,537.49 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $101,537.49, together with interest from 03/03/2003 at the rate of $16.94 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. By: (1/s/Franci~ S. ~llrman L//\_ FRANI[ FEDERMANVESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff I.E~AI. I~E~C. RIPTION All that certain lot or piece of ground with the buildings and improvements thereon erected, being known as 709 SOUTH MARKET STREET, MECHANICSBURG PA 17055 and being further described on that certain Deed dated 2/519.9_and recorded 2/23/00 in the Office of the Recorder of Deeds in CI IMBF. RI.AND County in Deed Book No. 104, Page 720. Parcel No. 17-24-0787-222 BEING known as 709 SOUTH MARKET STREET VERIFICATION Robert Lelli hereby states that he is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are tree 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: SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-00964 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS SURRIDGE AARON W 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 SURRIDGE AARON W unable to locate Him COMPLAINT MORT FORE in his bailiwick. but was He therefore returns the the within named DEFENDANT , SURRIDGE AARON W , NOT FOUND , as to HOUSE IS VACANT. DEFENDANT HAS FORWARDING ADDRESS OF PO BOX 3991 SCRAi~TON, PA 18505-0991. Sheriff's Costs: Docketing 18.00 Service 6.90 Not Found 5.00 Surcharge 10.00 .00 39.90 So answe --~----- ~. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 03/20/2003 Sworn and subscribed to before me this f~ day of ~ ~3 A.D. rotnOnotary FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, STE. 150 HORSHAM, PA 19044 Plaintiff AARON W. SURRIDGE 709 SOUTH MARKET STREET MECHANICSBUDRG, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN 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. Loan#:306620428 CUMBERLAND COUNTY CUMBERL~qD COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ave heret ,t?o IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OP. OTHERWISE) TO COLLECT T~E D,~ '~:~"~ :~NT:.L WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, STE. 150 HORSHAM, PA 19044 The name(s) and last known address(es) of the Defendant(s) are: AARON W. SURRIDGE 709 SOUTH MARKET STREET MECHANICSBUDRG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 2/5/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1521, Page 588. By Assignment of Mortgage recorded 2/18/00 the mortgage was assigned to PLAINT~F which Assignment is recorded in Assignment of Mortgage Book No. 638, Page 203. o The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure ofmortgagnr to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 10/01/2002 through 03/03/2003 (Per Diem $16.94) Attorney's Fees Cumulative Late Charges 02/05/1999 to 02/01/2003 Cost of Suit and Tire Search Subtotal $96,998.96 2,608.76 1,250.00 79.61 $ 550.00 $101,487.33 Credit 0.00 Deficit 50.16 Subtotal $ 50.16 TOTAL $101,537.49 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $101,537.49, together with interest from ~-'~/03/2003 at the rate of $16.94 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. By: FEDERMAN AND PHELAN, LLP /s/Francis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE A~,: n~,' ~ ' :cc Plaintiff I,F,C. AT, I)I~,~CRIPTTOr~ All that certain lot or piece of ground with the buildings and improvements thereon erected, being known as 709 SOUTH MARKET STREET, MECHANICSBURG PA 17055 and being further described on that certain Deed dated 2/5/9_9_and recorded _2/23/9.9_in the Office of the Recorder of Deeds in CI IMI:iF, RI.AND County in Deed Book No.194, Page 729. Parcel No. 17-24-0787-222 BEING known as 709 SOUTH MARKET STREET VERIFICATION Robert Lelli hereby states that he is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff vs. AARON W. SURRIDGE Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DWISION : : CUMBERLAND County : No. 03-964 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: June 25, 2003 FEDERMAN AND PHELAN, LLP By'~'~~ ~,~5~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff /jrh, Svc Dept. FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 21 S) S63-7000 GMAC MORTGAGE CORPORATION VS. AARON SURRIDGE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-964 THIS FIRM IS A DEBT COLLECrOR ATTEIvlFTING TO COLLI~CT A DEBT. ANY INFORMATION OBTAINq:~I) WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUFrCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECF A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. MOTION FOR SERVICE PURSUANT TO ~qPF, C. IAI, ORDER {'IF COIII,[T Plaintiff, by its counsel, Francis S. Hallinan, Esquire, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioued Defendant(s) by Certified mail and regular mail to the Defendant's last known address and mortgaged premises located at 709 SOUTH MARKET STREET, MECHANICSBURG, PA 1705.5 and in support thereof avers the following: 1. Attempts to serve Defendant(s) with the Complaint have been unsuccessful. The property was vacant, but as indicated by the Sheriffs Return of Service atlached hereto as Exhibit "A". the sheriff did notify us of a forwarding address of P.O. BOX 2;991, SCRANTON, PA 18505, but we can not gain service at a P.O. Box. 2. Pursuant to Pennsylvania Rule of Civil Procedure 42;0, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". H:/Main Forms/motions/county.comp 3. Internal records reviewed by Plaintiff and has not been contacted by defendant as of July 2, 2003, to bring loan current. 4. Plaintiff submits that it has made a good faith effort: to locate the defendants, but has been unable to do so. WItEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by certified mail and regular mail. ~"~'- i~-~ ~1 Francis S. Hallinan, Esltuirg H:/Main Fonns/motions/county.comp FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 GMAC MORTGAGE CORPORATION VS. AARON SURRIDGE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO, 03-964 MI~,MOR ANI)IIM 01~ I,AW Pennsylvania Rule of Civil Procedure 430(a) specifically :provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stahng the nature and extent of the Investigahon which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Note: A Sheriffs return of"Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. O~nn'rala~ w Pnliq, 238 Pa. Super. 362, 357 A.2d 580 (1976). ''Noticc of intended adophon mailed to last known address requires a good faith effort to discov~ the correct address." Adc~plqon of WMker~ 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.IL Part 265, (2) inquiries of relatives neighbors, friends and ~m~ployers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriffhas been unable to serve the Complaim. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests service of the Complaint by certified mail and regular mail. Respectfully submitted: l Francis S. Hallinan, Esquire H:/Math Forms/motions/county.comp SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-00964 P COMMON-WEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS SURRIDGE AARON W Thomas Kline Ro duly sworn according to law, says, that he made a diligent inquiry for the within named defendant, DEFENDANT SURRIDGE AARON W unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being search and but was He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , SURRIDGE AARON W HOUSE IS VACANT. DEFENDANT HAS FORWARDING ADDRESS OF PO BOX 3991 SCRANTON, PA 18505-0991. Sheriff's Costs: Docketing 18.00 Service 6.90 Not Found 5.00 Surcharge 10.00 .00 39.90 So answers~. JSC~_J/ ~. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 03/20/2003 Sworn and subscribed to before me this day .of Prothonotary SKN Data Research Inc. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 3-7192PA Attorney Firm: Federman & Phelan Subject: Aaron W. Surridge Current Address: 709 S. Market St. Mechanicsburg, PA 17055 Property Address: 709 S. Market St. Mechanicsburg, PA 17055; (House is vacant) Mailing Address: 709 S. Market St. Mechanicsburg, PA 17055 I Scott Nulty, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Aaron W. Surridge - 203-56-6786 B. EMPLOYMENT SEARCH Aaron W. Surridge - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Aaron W. Surridge reside(s) at: 709 S. Market St. Mechanicsburg, PA 17055 II. iNQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 6-20-03 our office contacted directory assistance which indicated that Aaron W. Surridge reside(s) at: 709 S. Market St. Mechanicsburg, PA 17055. Our office made a telephone call to the mortgagors phone number and received the following information: 717-796-0484 fax #. III. INQUIRY OF NEIGHBORS On 6-20-03 our office contacted or attempted to contact J. Page 711 S. Market St. who said the house is vacant, they were not able to verify that Aaron W. Snrridge reside(s) at: 709 S. Market St. Meehanicsburg, PA 17055 IV. INQUIRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE On 6-20-03 we reviewed the National Address database and found the following information, Aaron W. Surridge - 709 S. Market St. Mechanicsbnrg, PA 17055 B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Aaron W. Surridge. VI. OTHER INQUIRIES A. DEATH RECORDS As of 6-20-03 Vital Records and all public database.s have no death record on ftc for Aaron W. Surridge. EXI4IBIT ? B. COUNTY VOTER REGISTRATION The Cumberland County Voter registration has a registration for Aaron W. Surridge residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Aaron W. Surridge -YOB 1971 B. A.K.A. nolle * All accessible public databases have been checked and cross-referenced for the above named individual(s). * Please be advised all database information indicates the subject resides at the current address. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authori'Iies. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsificatkm to authorities. AFFIANT Scott K. Nulty SKN Data Research Inc. President Sworn to and subscribed before me this 2d2~ day of__~z.~ 2003 NOTARX/'PUBLiC / Notarial Seal Margaret E, Nulty, Notaq Public East Goshen Twp., Chestor County My Commission Expires Dec. 19, 2005 Member, Pennsylvania Assodation Of Nolafies The above information is obtained from available public records and we are only liable for the cost of the affidavit VERIFICATION Francis S. Hallinan, Esquire, hereby states that he is the Attomey for thc Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT arc 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 of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Francis S. ttallinan, Esdlui~e H:/Main Forms/motions/county.comp FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215) 563-7000 GM/kC MORTGAGE CORPORATION Vs. AARON SURRIDGE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS C1VIL DIYVISION CUMBERLAND COUNTY NO. 03-964 CERTIFICATION OF gF, RVIC.~ I, Francis S. Hallinan, Esquire, herby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. AARON SURRII)GE at: 709 SOUTH MARKET STREET MECHANICSBURG, PA 17055 P.O. BOX 3991 SCRANTON, PA 18505 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to nnsworn falsification to authorities. , / Date: July 2, 2003 ancis S. Hallinan, e Attorney for Plaintiff H:/Main Forms/motions/county.comp FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 56~-7o00 GM/kC MORTGAGE CORPORATION VS. AARON SURRIDGE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-964 0 g 2003 ORDER AND NOW, this ~ ¥ ~ day of 7~]~ ,2003, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s), AARON SURRIDGE, by mailing a tree and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 709 SOUTH MARKET STREET, MECHANICSBURG, PA 17055. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. BY THE COURT: H:/Main Forms/motions/county.comp FEDERMAN AND PHELAN BY: Francis S. I-Iallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215) 563-7000 GMAC MORTGAGE CORPORATION VS. AARON SURRIDGE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-964 TH/S FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECE WED A DISCHARGE IN BANKRUFI'CY AND THIS DEBT WAS NOT ~RMED, 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. MOTION FOR SERVICE PURSUANT TO ~qPECIAL ORDER OF COIIRT Plaintiff, by its counsel, Francis S. Hallinan, Esquire, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by Certified mail and regular mail to the Defendant's last known address and mortgaged premises located at 709 SOUTH MARKET STREET, MECHANICSBURG, PA 17055 and in support thereof avers the following: 1. Attempts to serve Defendant(s) with the Complaim have been unsuccessful. The property was vacant, but as indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". the sheriff did notify us of a forwarding address of P.O. BOX 3991, SCRANTON, PA 18505, but we can not gain service at a P.O. Box. 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". H:/Main Forms/motions/county.comp 3. Internal records reviewed by Plaintiff and has not been contacted by defendant as of July 2, 2003, to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by certified mail and regular mail. ~ ~Es~rl -- H:/Main Fomas/motions/county.comp FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 GMAC MORTGAGE CORPORATION VS. AARON SURRIDGE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-964 Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) ff service cannot be made under thc applicable role, the plaintiff may move the Court for a special order directing the method of service. The Mohon shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the masons why service cannot be made. Note: A Sheriffs return of"Not Found" or the fact that a Defendant has moved without leafing a new forwarding address is insufficient evidence of concealment. (~cm?ale~ vq Pali~: 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." A dc~ption at' Walker> 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) thqui~es of postal authorities including inquiries pursuant to the Freedom of In formation Act, 39 C.F.R. Part 265, (2) inquiries of relat/ves neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Retum of Service, attached hereto and marked as Exhibit "A", the Sheriffhas been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WltEREFORE, Plaintiff respectfully requests service of the Complaint by certified mail and regular mail. Francis S. Hallinan, Esqmre H:/Main Forms/motionsdco u niy.comp SHERIFF'S RETURN - CASE NO: 2003-00964 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND GMAC MORTGAGE CORPORATION VS SURRIDGE AARON W R. Thomas Kline duly sworn according to inquiry for the within named defendant, SURRIDGE AARON W law, says, that he made a diligent DEFENDANT ,Sheriff or Deputy Sheriff, who being search and He therefore returns unable to locate Him in his bailiwick. but was the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , SURRIDGE AARON W HOUSE IS VACANT. DEFENDANT HAS FORWARDING ADDRESS OF PO BOX 3991 SCRANTON, PA 18505-0991. Sheriff's Costs: Docketing 18.00 Service 6.90 Not Found 5.00 Surcharge 10.00 .00 39.90 So answ~m~ ~.~-.L~_-~~ ~. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 03/20/2003 Sworn and subscribed to before me this day .of Prothonotary SKN Data Research Inc. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 3-7192PA Attorney Firm: Federman & Phelan Subject: Aaron W. Surridge Current Address: 709 S. Market St. Mechanicsburg, PA 17055 PropoW Address: 709 S. Market St. Mechanicsburg, PA 17055 (House is vacant) Mailing Address: 709 S. Market St. Mechanicsburg, PA 17055 I Scott Nnlty, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Aaron W. Surridge - 203-56-6786 B. EMPLOYMENT SEARCH Aaron W. Surridge - A review of the credit reporting agencies provided no employment information. C. INQUiRY OF CREDITORS Our inquiry of creditors indicated that Aaron W. Surridge reside(s) at: 709 S. Market St. Mechanicsburg, PA 17055 II. INQUiRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 6-20-03 our office contacted directory assistance which indicated that Aaron W. Surridge reside(s) at: 709 S. Market St. Mechanicsburg, PA 17055. Our office made a telephone call to the mortgagors phone number and received the following information: 717-796-0484 fax #. III. INQUiRY OF NEIGHBORS On 6-20-03 our office contacted or attempted to contact J. Page 711 S. Market St. who said the house is vacant, they were not able to verify that Aaron W. Surridge reside(s) at: 709 S. Market St. Mechanicsburg, PA 17055 W. INQUiRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE On 6-20-03 we reviewed the National Address database and found the following information, Aaron W. Surridge - 709 S. Market St. Mechanicsburg, PA 17055 B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Aaron W. Surridge. VI. OTHER INQUIRIES A. DEATH RECORDS As of 6-20-03 Vital Records and all public databases have no death record on file for Aaron W. Surridge. E iIBIT E, B. COUNTY VOTER REGISTRATION The Cumberland County Voter registration has a registration for Aaron W. Surridge residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Aaron W. Surridge -YOB 1971 B. A.K.A. * All accessible public databases have been checked and cross-referenced for the above named individual(s). * Please be advised all database information indicates the subject resides at the current address. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. AFFIANT Scott K. Nulty SKN Data Research Inc. President Sworn to and subscribed before me this ~2/~ day of ~ 2003 NOTARY~PUBLiC / Notarial Seal Man~aret E. Nulty, Notary public East Goshen Twp., Chester County My Commission Expires Dec. 19, 2005 Member, Pennsylvania Association O~ Notaries The above information is obtained from available public records and we are only liable for the cost of the affidavit VF, RIFIC~ATION Date: July 2, 2003 Francis S. Hallinan, Esquire, hereby states that he is the Attomey for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. H:/Main Forms/motions/county.comp FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I,D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215) 56q-7000 GMAC MORTGAGE CORPORATION Vs. AARON SURRIDGE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-964 CERTIFICATION OF ~qERVICF~ I, Francis S. Hallinan, Esquire, herby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. AARON SURRIDGE at: 709 SOUTH MARKET STREET MECHANICSBURG, PA 17055 P.O. BOX 3991 SCRANTON, PA 18505 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: July 2, 2003 //~ t ~. Francis S. Hallinan, Es~tuire Attorney for Plaintiff H:/Main Forms/motions/count.comp FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff VS. AARON W. SURRIDGE Defendant(s) Attorney for Plaintiff COURT £)F COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-964 AFFIDAVIT OF SERVICE OF COMPLAINT BY MAll, pIIR~qlIANT TO COIIRT ORDER I hereby certify that a tree and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, to AARON W. SURRIDGE at 709 SOUTH MARKET STREET, MECHANICSBURG, PA 17055 and P.O. BOX 3991, SCRANTON, PA 18505 on .J. alg.lll,.Zl}~, in accordance with the Order of Court dated JULY 14, 2003. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: Inly 18. FRA~ FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHEL.AN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STAT/ON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215~ 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, STE. 150 HORSHAM, PA 19044 Plaintiff, AARON W. SURRIDGE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-964 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against AARON W. SURRIDGE a~d, 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 fxom 3/3/03 to 8/19/03 TOTAL $101,537.49 $2,879.80 $104,417.29 I hereby certify that (1) the addresses of the Plaimiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY AS SESSED AS INDICA/~D. ~ PRO PROTHY FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) 563~7000 GMAC MORTGAGE COKPORATION Plaintiff Vs. AARON W. SLrRRIDGE Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COLrNTY : NO. 03-964 TO: AARON W. SURRIDGE 709 SOUTH MARKET STREET MECHANICSBURG, PA 17055 DATE OF NOTICE: AUGUST 8, 2003 THIS FIRM IS A iDEBT COLLECTOR ATTEIvlPTING 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.I~ 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. I~IPORTANT NOTICE You are in default because you have failed to enter a xvritten appearance personally or by attorney and file in writing with the courl your defenses or objections to the claims set forth against you. Unless ybu act ,vithin 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 LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERI~LAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (2 T 5) %3-7ooo GMAC MORTGAGE CORPORATION Plaintiff - VS. AARON W. SURRIDGE Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CIVI~ DIVISION CUMBERLAND COUNTY NO. 03-964 ' AFFIDAVIT OF SERVICE OF COMPLAINT BY MAll. PUR~qlIANT TO COURT ORDER I hereby certify that a tree and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, to AARON W. SURRIDGE at 709 SOUTH MARKET STREET, MECHANICSBURG, PA 17055 and P.O. BOX 3991, SCRANTON, PA 18505 on Jnbr 18, 200~, in accordance with the Order of Court dated JULY. 14, 2003. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: .hfly 18. 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, STE. 150 Plaintiff, AARON W. SURRIDGE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-964 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin 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 AARON W. SURRIDGE is over 18 years of age and resides at, 709 SOUTH MARKET STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff LEGAL DESCRIPTION ALL TIIAT CERTAIN lot of ground aituate in tho $cemnd Ward of the Borough of Mechanlcsburg. Cottnty of Cumberland aral Comnlonwealth of Petmsylvania, bounded and de~ribed as follows, to wit: BEOINNING at a point on tim -l-l~at side of South Market Street, said poim being one hund~al seventy (170) f~et in a Noctherly direction from thc Nor~we~t ¢ome~ of property now ~ formerly of Paul L. Heigea and Geraldine H¢igc$, his wife; thence Noll.hwardly along the Ea~'t llne of South Market Street forD'-eight (48) fl:et to a point; therme ~ast',¥ardly along the line of I~'operty now or formerly of Ralph R, Ee. ke~ alit Mary E, F~kert, Iris valle, one huadre~ seventy.seven and four tenlhs (177.4) Feet to a i~oim in thc center line ora twe'aty {20) foot wide alley; thence Sottthwardly along the center line of said alley forty.r, il~M (48) feet to a point; ~enee Westw-.udly along the littc of proI~rt'y r~.:w or late of Caxl tL Koch mid Florence R. Koch, his wife, 0nc htu~lrotl seventy-seven and four tenths (177.4) feet to a point on the Eant linc of South Mark~l Street aforesaid, the plac~ of begins. TITLE TO SAID PREMISES l.~ VESTED IN Aaron W, Surridge, a single person b.v Dcccl from 'riming,, J. Williams ~ Mar), M. Williams, his wife, dated 2/511999 and recorded 2/23/1999 in Deed Book 194, Page 729. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, AARON W. SURRIDGE Defendant(s). No. 03-964 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 8/19/03 to DECEMBER 10, 2003 (per diem -$17.16) TOTAL $104,417.29 $1,939.08 and Costs $106,356.37 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property. No. LEGAL DESCRIPTION ALL TI[AT C£RTAIN 1ol of gn-tatgl sitllal;e in Ibc Secorff, l Ward of the Borough of Meehanicsburg. County of Cumberland ~ Commonwealth of Pennsylvanla. bound~d and described as follows, to wit: BEOINNING at a poim o~ fire -East side of South blarket Street, said point b~ing one ~ seventy (170) fc~ i~ a Nattherly di~gtion from r~ Northw~t ¢om~ of pms~rty now or formerly of Paul L, Heigca and Geraldine Heig~s, his wife; thca~c~ Notlhw~xlly along the Ea~. llne of Sou~ Market Slre-~ forty-eight (~gg) f'oea to il point; I~nc~ Eastwardly along the line of propert~ now at thrmerly of Ralph R, Eckert altd .,~y E, F. ckc~tt, ~ v, dfe, ofle IKladr~ seventy.seven and four tcnlhs (17'/.4) I'~t to a point in tl~ center line of a twenty (20) foot wide alley; thence Southwarctly aloag the Center line of said alley forry.eiglU (48) feet to a poim; ~enee Westw',m:lly along ~e li~ of property now or late of Carl IL Koch aaa ~r,-.nce R. Koch, his wife, one lau~lrv, l s~wenty-seven and font maths (177.4) feet to a point on the Ea,~t line of South Matk~ Street aforc'aaid, the pla~ of beginning. TITLE TO SAID PREMISF3 IS VESTED IN Aaron W. Sm'ridge, a single pomon by Dc¢~ from Timmy J. Williams and Mary M. Williams, his wife, dated 2t511999 a~d recorded 2/2311999 in Deed Book 194, Page 729. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-964 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF' CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From AARON W. SURR/DGE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a narned garnishee, you are d/rected to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $104,417.29 L.L. $.50 Interest FROM 8/19/03 TO 12/10/03 (PER DIEM - $17.16) - $1,939.08 AND COSTS Atty's Corem % Due Prothy $1.00 AttyPaid $121.90 Other Costs Plaintiff Paid Date: AUGUST 21, 2003 (Seal) CURTIS R. LONG Vrothono~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court 1D No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, STE. 150 Plaintiff, AARON W. SURRIDGE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-964 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney 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 AARON W. SURRIDGE is over 18 years of age and resides at, 709 SOUTH MARKET STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PH II ~ADELPlllA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff, AARON W. SURRIDGE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-964 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: ( ( ( (x) an FHA mortgage non-owner occupied vacant 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, V. AARON W. SURRIDGE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-964 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,709 SOUTH MARKET STREET, MECHANICSBURG, PA 17055. 1. Name and address &Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AARON W. SURRIDGE 709 SOUTH MARKET STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NalTle CUMBERLAND COUNTY ADULT PROBATION Last Known Address (if address cannot be reasonably ascertained, please indicate) 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cam~ot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name TenantJOecupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 709 SOUTH MARKET STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or ihformation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. August 19, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, AARON W. SURRIDGE Defendant(s). TO: AARON W. SURRIDGE 709 SOUTH MARKET STREET MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 03-964 August 19, 2003 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE 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, 709 SOUTH MARKET STREET, MECHANICSBURG, PA 17055~ is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $104~417.29 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may [all: {215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attomey 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 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 money. The money will be paid out in accordance with this schedule uriless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You ihay also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL TIIAT CERTAIN lot of grouncl sila',tte in the Second Wahl of the Borougt0 of Me ' 'chanicsburg, ('~nty of C~berland anti Con~lonwealth of Penesylvania. bounded and de<ri.bed as follov,'s, to wit: BI!{3INNING at a point on tlR: :East side Of South Market Street, said poinl being one hu_3il~ed seventy (170) feet in a lqcn'therllt dittx:tiori from the Northwest comet o1' l~pe£t2,' now or fort~erly of Paul L. Heiges and Geraldine Heiges, I~ wife; :hencx Notih~,ardly along the Fia~t li~e of $ou~ Market Street forly¢ight (~8) feet to a point; thence Ea~txvardly along the line of property now or ~m'merly of Ralph R, F..ekert slid ~,,iar~ E, F. ckert, hla wife, one hundrefl seventy.seven and four tenths (177.,1.) reef to a point in th~ c,~ter line of a tw¢~lty (20) foot wide alley; thence Soathwarfl]y along ~ center line of said alley forty.eight (48) feet to a point; tllence 'Ne.~twainlly along ll~ litxe of property now or late of Carl R, Koch and Florence R. Koch, his wife, one handled sevenry..seven and four tenths (177.4) feet to a point on the Ea,,~t line 0f Soutla Market $1$eet aforesaid, thc p~ac~ of begimfln$. TITI.I~ TO SAID PREMISES IS V.F.,ST£D IN Aaran W. $=ridge, a single person by Deetl from Timml,' $. Williall~ a~M Mar), M, Williams, his wife, dated ~l/511999 and recordt:d 2~3t~999 itl Decel Book 194, Page 729- FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION VS. AARON W. SURRIDGE CUMBERLAND COUNTY COURT OF COMMON PLEAS C1VI3L DIVISION NO. 03-964 VF, R IFTC A TION I hereby certify that a tree and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, retum receipt requested, to the following person(s) AARON W. SURRIDGE on AIi'GII~qT 26:2003 at 709 SOUTH MARKET STREET, MECHANICSBURG, PA 17055, in accordance with the Order of Court dated, ZZLJ/L2t,S. IX/3. The undersigned understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unswom falsificaton to authorities. FRPdNK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF DATE: September 23, 2003 JUL U g 7003 FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62696 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,~PA 19103-1814 (715) 563-7000 GMAC MORTGAGE CORPORATION VS. AARON SURRIDGE ATTORNEY FOR PLAINTWF COURT OF' COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-964 ORDER NOW, this /'g"~ day of (~ _, 2003, upon consideration of AND Plaintiff's Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff' may obtain service of the Complaint on the above captioned Defendant(s), AARON SURRIDGE, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 709 SOUTH MARKET STREET, MECHAN~ICSBURG, PA 17055. Service of the aforementioned mailings is effective upon tlhe date of mailing and is to be done by Plaintiff's attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. BY THE COURT: AARON W. SU~d~IDGE 709 SOUTH MARKET STREET MECHANIcsBuRG, PA 1 ?055 SENDER: TEAM REFERENCE: MAB RECEIPT Certified Mail IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE CORPORATION VS. AARON W. SURRIDGE ) CIVIL ACTION ) ) CIVIL DIVISION NO. 03-964 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE CORPORATION hereby verify that on August 26~ 2003 & October 29~ 2003 tree and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 4, 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, AARON W. SURRIDGE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-964 AMENDED AFFDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~709 SOUTH MARKET STREET~ MECHANICSBURG~ PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AARON W. SURRIDGE 709 SOUTH MARKET STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgmem: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: manle Last Known Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQUARE PROBATION CARLISLE, PA 17013-3387 4.. Name and address of last recorded holder of every mortgage., of record: SaBle None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name BOROUGH OF MECHANICSBURG Last Known Address (if address cannot be reasonably ascertained, please indicate) W. STRAWBERRY AND W. MARKET STS. MECHANIC, SBURG, PA 17055 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: NalTle Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 709 SOUTH ]MARKET STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. November 4, 2003 DATE FRANK FEDEI~ViAN, ESQUIRE Attorney for Plaintiff z> MAILED FROM ZIP CODI 900 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 10th day of Dec A.D., 202003, under and by virtue of a writ Execution issued on the 21 st day of August, A.D., 202003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 964, at the suit of GMAC Mtg Coro against Aaron W Surridge is duly recorded in Sheriff's Deed Book No. 261, Page 4777. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this t_fi day of ~ , A.D2004 ~9~5 ~ ~r~~RecorderofDeeds GMAC Mortgage Corporation VS Aaron W. Surridge In The Court of Common Pleas of Cumberland Cotmty, Pennsylvania Writ No. 2003-964 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Aaron W. Sunfdge, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and description as NOT FOUND as to the defendant Aaron W. Sunddge. Post office has no forwarding information for Aaron Surhdge. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 09, 2003 at 11:08 o'clock AM, he posted a true copy of the within Real Estate Writ, Notice of Sale, and Description upon the property of Aaron W. Surridge located at 709 South Market Street, Mechanicsburg, PA 17055 according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $35,000.000 to Attorney Frank Federman for Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $5,000.00. Sheriffs Costs: Docketing $30.00 Poundage 700.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 13.80 Levy 15.00 Surcharge 20.00 Law Journal 237.50 Patriot News 188.50 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 1369.70 ThisSW°m and subscribed to before me$ ~ day of ~ f~~S°~6nj~vers: f~.~ :~,~ ~ . R. Thomas Kline, Sheriff 2004, A.D. Q ~. ~' ~ ~ ~ Prdthonot~y '' BY~JO~ Real Estate'~uty SCHEDULE OF DISTRIBUTION SALE NO. 39 Date Filed: January 9, 2004 Writ No. 2003-964 Civil Term GMAC Mortgage Corporation VS Aaron W. Surridge Sale Date: Buyer: Bid Price: December 10, 2003 GMAC Mortgage Corporation $35,000.00 Real Debt: $104,417.29 Interest: 1,939.08 Attorney Costs: 121.90 Total: $106,478.27 DISTRIBUTION: Receipts: Cash on account (08/28/03): $ 1,500.00 Cash on account (12/10/03): 3,500.00 Credit Writ No. 2003-964: 30,000.00 Total Receipts: $35,000.00 Disbursements: Sheriffs Costs Legal Search Borough of Mechanicsburg Attorney Federman Credit Writ No. 2003-964 $1,369.70 200.00 866.78 2,563.52 30,000.00 Total Disbursements: Balance for distribution: ($35,000.00) 0.00 So Answers: R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 39 Held Wednesday, December 10, 2003 Date: December 10, 2003 TAXES: Receipts for all taxes for the years 2000 to 2002 inclusive. Taxes for the current year 2003. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unified Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , , and recorded , in Cumberland County Deed Book , Page RECITAL: Being the same premises which Timmy J. Williams and Mary M. Williams, husband and wife, by deed dated February 5, 1999 and recorded February 23, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book 194, Page 729. granted and conveyed to Aaron W. Surridge, single man. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attomey acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of South Market Street and in the roadbed of an unnamed 20 foot wide alley. Mortgage in the amount of $85,050.00 given by Timmy J. Williams and Mary M. Williams to Painewebber Mortgage, Finance Inc. dated July 26, 1993 and recorded July 30, 1993, in Mortgage Book 1153, Page 1033. 7. Mortgage in the amount of $101,650.00 given by Aaron W. Surddge to Accubanc dated February 5, 1999 and recorded February 23, 1999 in Mortgage Book 1521 Page 588. Said Mortgage was assigned to GMAC Mortgage Corporation by instrument recorded Febmary 18, 2000 in Miscellaneous Record Book 638, Page 203. Complaint in mortgage foreclosure filed by GMAC Mortgage Corporation as Plaintiff against Aaron W. Surridge as Defendant in the Office of the Prothonotary of Cumberland County on March 4, 2003 to File No. 2003-964. Judgment entered August 21, 2003 in the amount of $104,417.29. Judgment in the amount of $4,283.92 entered by Cumberland County Adult Probation as Plaintiff against Aaron William Surridge as Defendant in the Office of the Prothonotary of Cumberland County on October 28, 2002 to File No. 2002-5213. Municipal lien in the amount $365.04 entered by the Borough of Mechanicsburg as Plaintiff against Aaron Surridge as Defendant on August 12, 2003 in the Office of the Prothonotary of Cumberland County to File No. 2003-3924. Rights of Shauna Surridge, wife of Aaron Surddge in the subject premises by virtue of divorce proceedings filed in the Office of the Prothonotary of Cumberland County on September 13, 2002 to File No. 2002-4414. 15. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff's sale. 16. Real estate taxes accruing on and after January 1, 2004 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. ~~ ' be~inding NRo°tbeertThGi~ TF~t~eYheApgorenJh all not until countersigned by an authorized signatory. Advance Costs: Assessed Valuation: Real Debt: Interest Attorney writ costs Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of bills Distribution of proceeds Sheriff's deed REAL ESTATE SALE #39 ATTORNEY Frank Federman $1,500.00 103,130.00 Writ No. 2003-964 Civil Term GMAC Mortgage Corporation VS Aaron W. Surridge 709 South Market Street Mechanicsbm'g, PA 17055 $104,417.29 1,939.08 121.90 30.00 ?00.~ 15.00 15.00 30.00 10.00 .50 1.00 13.80 15.00 20.00 237.50 188.50 28.90 25.00 39.50 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA). NO 03-964 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From AARON W. SURR1DGE (1) You are cYtrected 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) nnt levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and fi.om delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $104,417.29 L.L. $.50 Interest FROM 8/19/03 TO 12/10/03 (PER DIEM - $17.16) - $1,939.08 AND COSTS Atty's Comm % Due Prothy $1.00 Arty Paid $121.90 Other Costs Plaintiff Paid Date: AUGUST 21, 2003 (Seal) CURTIS R. LONG Prothono~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Ac~ No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to {aw, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established Mamh 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 28th day(s) of October and the 4th and 11th day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S A L E #39 ~,~sWan~~ My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO,, Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 188.50 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general 'la receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, 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, ViZi OCTOBER 17, 24, 31, 2003 Affiant 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 tree. REAL R~TATR ~ NO. 39 Writ No. 2003-964 Civil GMAC Mortgage Corporation VS. Aaron W, Surr~dge Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Second Ward of the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvmuia. hounded and de- scribed as follows, to wit: BEGiNNiNG at a point on the East side of South Market Street. said point being one hundred sev enty [170) feet in a Northerly direc- tion from the Northwest comer of property now or formerly of Paul L. Heiges and Geraldine Heiges. his wife: thence Northwardly along the East line of South Market Street forty-eight [48) feet to a point; thence Eastwardly along the line of prop- erty now or formerly of Ralph R. Eckert and Mary E. Eckert, his wife. one hundred seventy-seven mad four tenths (177.41 tket to a point in the center line of a twenty (26) foot wide t4 alley; thence 5outhwardly along the center line of said alley forty-eight [48) feet to a point; thence West- wardly along the line of property now or late of Carl R. Koch and Flor- ence R. Koch, his wife, one hun- dred seventy-seven mud four tenths (177.4) feet to a point on the East line of South Market Street afore- said. the place of begixming. TITLE TO SAiD PREMISES IS VESTED IN Aaron W. Surridge, a single person by Deed from Tirnmy J. WilYmms and Mary M. Williams, his wife, dated 2/5/1999 and re- SWORN TO AND SUBSCRIBED before me this 31 .day of OCTOBER, 2003 property now or formerly of Paul L. Heiges and Geraldine Heiges. his wife; thence Northwardly along the East line of South Market Street [orty-eight {48/feet to a point: thence Eastwardly along the line of prop- erty now or formerly of Ralph R. Eckert and Mary E. Eckert, his wife, one hundred seventy-seven and four tenths [177.41 feet to a point in the center lk~e of a twenty (20) foot wide /4 alley; thence Southwardly along the center line of said alley forty-eight (48) feet to a point; thence West- wardly along the line of property now or late of Carl R. Koch and Flor- ence R. Koch, his witk. one hun- dred sevent,j seven and four tenths (177,4) feet to a point on the East line of South Market Street afore- said, the place of beginning. TITLE TO SAID PREMISES IS VESTED IN Aaron W. Surridge. a single person by Deed frmn Timmy J. Williams and Mary M. Wiliimns, his wife. dated 2/5/1999 and re- corded 2/23/1999 in Deed Book 194, Page 729.