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HomeMy WebLinkAbout03-1874FEDERMAN 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 SUITE 150 HORSHAM, PA 19044-0969 VS. Plaintiff SCOTT L. BARRETT VALARI L. BARRETT 909 HUMMEL AVENUE LEMOYNE, PA 17043 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 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 bccn sued in Court. If you wish to defend against thc 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 ease 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 #: 306604529 TJN 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 SUITE 150 HORSHAM, PA 19044-0969 The name(s) and last known address(es) of the Defendant(s) are: SCOTT L. BARRETT VALARI L. BARRETT 909 HUMMEL AVENUE LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 1/25/99 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. 1517, Page 922. By Assignment of Mortgage recorded 10/13/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 627, Page 571. 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 09/01/2002 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. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2002 through 04/22/2003 (Per Diem $15.28) Attorney's Fees Cumulative Late Charges 01/25/1999 to 04/22/2003 Cost of Suit and Tire Search Subtotal $81,108.85 4,049.20 850.00 197.56 $ 750.00 $ 86,955.61 Escrow Credit 0.00 Deficit 155.99 Subtotal ~; 155.99 TOTAL $ 87,111.60 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. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 87,111.60, together with interest from 0~2/2003 at the rate of $15.28 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. FE AN AND PH AN, p , FRANK FEDERMAN, ESQUIRE LA/qqRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff '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: ~///0 3 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-01874 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLA/qD GMAC MORTGAGE CORPORATION VS BARRETT SCOTT L ET AL R, Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT BARRETT SCOTT L but was unable to locate Him deputized the sheriff of YORK , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within COMPLAINT - MORT FORE He therefore Pennsylvania, to On June 9th , 2003 , attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 64.72 .00 101.72 06/09/2003 FEDERMAN & PHELAN Sworn and subscribed to before me this ~o~ day of ,_ Prothonotary' this office was in receipt of the SO answer~s-~ __.~_~~/ R. Thomas Kline / Sheriff of Cumber%and County 909 HUMMEL AVENUE LEMOYNE IS VACANT AND PADLOCKED. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-01874 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPOP~ATION VS BARRETT SCOTT L ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: BARRETT VALARI L but was unable t¢ deputized the she serve the within lis bailiwick. County, He therefore Pennsylvania, On June _ , zu03 , this office was in receipt of the to attached return from YORK Sheriff's Costs: Docketing L~ ~6.00 Out of County .k .00 Surcharge ~ 19.~~1 . 0 Mileage 6 06/09/2003 FEDERMAN & PHELAN So answers3 ..... ~ 3~..3 ~/~ R. Thomas Kline ~ Sheriff of Cumberland County Sworn and subscribed to before me this ~ ~ day of A.D. Prothonotary 909 HUMMEL AVENUE LEMOYNE IS VACANT AND PADLOCKED. 2 of PLAINTIFF/S/ DEFENDANT/S/ SERVE 2 COUNTY OF YORK OFFICE OF THE SHERIFF s .v,c cAL (717) 771~9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE iN~§TRO~TioNS PLEASE T Pfi ONLY LINF l THRU 12 PROCESS RECEIPT and AFFIDAVIT OF RETURN I DO NOT DETACH ANY COPIES 2 COURT NUMBER GMAC Mortgage Corporation 03-1874 civil 4. TYPE OF ~/RIT R COMPLAINT Notice ~ Cc~plaint in Scott L. Barrett et al ,-~ L~ ~or~-a~ Foreclosure 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCR PTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Scott L. Barrett 6 ADDRESS (STREET OR RFO ~TH BOX NUMBER~ APT. NO, CITY, BORO, TWP., STATE AND ZIP CODE) AT 86 Rose of Sharon Drive Etter~, PA 17319 'ND,CAT SERV,CE °PERSONAL PERSO.'NOHAR E O EPUT,ZE OtSTCL*SSMA,L POSTED eOT. ER NOW Nay 1 ,20 03 _ I, SHERIFF OF l COUNTY, PA, .d~ hereby deputizeJ~e sheriff of York COUNTY to execute tj.h~W~ke return.,~, ccording to law. This deputization being made at the request and risk of the plaintiff.,.~ ,~., ~EF-,'~F O~'Fj~,~.,,, , .,,~.~,..~.~ - ~' 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT VVtLL ASSIST IN EXPEDITING SERVICE: Ct]ITiberlat3d OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY ATTY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff lewing upon or attaching any properly under within wdt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9 T'~p~,~ a~ J?~D~hSj~ ~ j~'CrORNEY / ORIGINATOR and SIGNATURE 10 TELEP.ONE NUMBER 11 DATE FILED 4-23-0: 12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: {This area must be completed if notice is~to be mailed) CUMBERLAND C0 SHERIFF 13. I acknowledge receipt of the writ or complaint as indicated above. R. A H R E N S 16. HOWSERVED: PERSONAL ~ RESIDENCE ~ POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. [3 I hereby certify and return a NOT FOUND because I am unable to ocate the ndividual, company, etc. named above. (See remarks below.) 21A3q'EMPTS Int. e Time Miles Int. Date Time Miles Int Date Int. J Date Tirn~lMiles Int J Date Time Miles Int. 22 REMARKS: 23 Advance Costs 34-Foreign County Costs J 35 Advance Coatsl 36. Sen/ice Costs I 37 Notary Cert I 38 Mileage/Post~ge/Not Found I 39 Total Costs 41 AFFIRMED and subscribed te before ma this~ 6 ., SO ANSWERS 74~....4.~. Sign at u re of Notarial Seal "'rl"~"~' 46. Signature of York James V Vangreen, ~otary Publia J County Sheriff . CityofYel~ '~o!!~,..ou~nty, PA / J WILLIAM M, HOSE 24 Service Costs 25. N/F 26 Mileage 27. Postage 28 SubTotal 29 Pound 30 Notary 31.Surchg 32. Tot. Costs 33 C0sts Due or Refund CheckNc 40 Costs Due or Refund 6-6-03 49. DATE J51 DATE RECEIVED COUNTY OFYORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1 PLAINTIFF/S/ 3. DEFENDANT/S/ SERVE SERVICE CALL (717) 771-9601 INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 ......., .~,~O~..NOT DETACH ANY COPIES. CURT NUMBER 2 0~-1874 civil GH3%C M~3~-tgage Corporation 4. TYPEOFWmTORCOMPLA~NT Notice and Complaint in Scott L. Ba~ett et al Mortgaqe Foreclosure 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, A~'ACHED, OR SOLD Val ari L. Ba~-rett 6 ADDRESS (STREET OR RFO W1TH BOX NUMBER, APT NO., CITY, BORO, TWP., STATE AND ZIP CODE) AT R6 R(~q~ nf ,qhaT'nn Frciv~ EY~r~, PA 17q19 7 INDICATE SERVICE: ~3 PERSONAL Q PERSON IN CHARGE ~EPUTIZE Q CERT. ~IL O I ST C~SS MAIL Q POSTED Q OTHER NOW .~ 3 , 20 03 I, SHERIFF~%~N~, PA~ hereby d~p~he sheriffof ~o~ COUN~ to exec~~m~ re~ccording to law. This deputization being made at the request and risk of the plaintiff. ~ ~ SHERIFF OF~OUN~ 8. SPECIAL INSTRUCTIONS OR OTHER INFOR~T~ON THAT ~LL ASSIST IN EXPEDITING SERVICE: ~rland OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY ATTY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any prope~7 under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attach men% without liability on the pall of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME end ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE [ 10. 1 TELEPHONE NUMBER 11. DATE FILED FRANK FEDERMAN i PENN STR PLAZA STE 1400 PHILA PA 19101 215~563-70q0 4-23-t 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND CO SHERIFF 13 I acknowledge receipt of the writ 14. DATE RECEIVED [15. Expiration/Hearing D orcomplaintasindicatedabove. R. AHRENS x~xx~5-2-0$ 5-23-03 16, HOWSERVED: PERSONAL~ RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE t'~') OTHER ( ) SEE REMARKS BEL, 17, n I hereby certify end ret.urn a~NOT FOUND because I am unable to locate the individual, company, etc. named above (See remarks below.) 18. NAME~N[;~'ITLE OF IN~k~JAL SERVED / LIST ADDRESS HERE JF NOT SHOWN ABOVE Relationship to Defendant I 19. gate o~ Service 20. Time of Service 21.A~EM~1~I~..//;[~;~ I~ p~/~ ~.~ ;.s~ I Date Time Miles Int. I Date Time Miles Int. I Date Time Miles Int. I Date Time Miles Ir 22, REMARKS: 34. Foreign County Costs I 35. Advance Costs I 36, Service Costs I 37. Notary Cart I 38 Mileage/Postage/Not Found I 39. Tolal Costs 41 AFFIRMED and subscribed to before me this 6 . ,~ SO~SO NSWERS 42 day of d U I~ F ,20 ._~ ~3 ~" Dap. Sheriff , ' ' 48 S gna ure of Foreign 31 Surchg 32 Tot. Costs 33 C~sts Due c~ eck 40 Costs Due or Refund 4~ DATE 6-6-03 49. DATE DATE RECEIVED FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA~ PA 19103-1814 (215} 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPR/SE ROAD, SUITE 150 HORSHAM, PA 19044-0969 Plaintiff, Vo SCOTT L. BARRETT VALARI L. BARRETT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1874 CML TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiffand against SCOTT L. BARRETT and VALARI L. BARRETT, 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 from 4/22/2003 to 7/8/2003 TOTAL $87,111.60 $1,191.84 $88,303.44 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQU/RE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO P~OTH¥ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 Plaintiff, SCOTT L. BARRETT VALARI L. BARRETT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-1874 C1VIL TER~M Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **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. * * · 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) 56t-7000 GMAC MORTGAGE CORPOILATION Plaintiff SCOTI' L. BARRETT VALARI L. BARRETT Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DIVISION : CUMBERLAND COUNTY :NO. 03-1874 CIV1LTERM TO: SCOTT L. BARRETT 909 HUMMEL AVENUE LEMOYNE, PA 17043 FIE COPY DATE OF NOTICE: JUNE 24, 200~ 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 OBTAINT, D 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 to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act with/n ten (10) days fi.om 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 fred 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, 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 (?IS) 56q-7000 GMAC MORTGAGE CORPORATION Plaintiff SCOTT L. BARRETf VALARI L. BARRETT Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DIVISION : CUMBERLAND COUNTY :NO. 03-1874 CIVIL TERM TO: VALARI L. BARRETT 909 HUMMEL AVENUE LEMOYNE, PA 17043 DATE OF NOTICE: .H ~NE, 24, 2003 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. IMPORTANTNOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writ/rig with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days fi~om 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, 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 (?15) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff VS. SCOTT L. BARRETT VALARI L. BARRETT Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DMSION : CUMBERLAND COUNTY : NO. 03-1874 CIVIL TERM TO: SCOTT L. BARRETT 86 ROSE OF SHARON DRIVE ETTERS, PA 17319 DATE OF NOTICE: .HINE 24, 2007 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 to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days fi.om 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 th.is 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 fred 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, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 IdAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) ~63-7000~ _ GMAC MORTGAGE CORPORATION Plaintiff SCOTT L. BARRETT VALARI L. BARRETF Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 03-1874 CMLTERM TO: VALARI L. BARRETT 86 ROSE OF SHARON DRPZE ETTERS, PA 17319 DATE OF NOTICE: JUNE 24~ 2003 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 to enter a writteh appearance personally or by attorney and file in wr/ting with the court your defenses or objections to the claims set forth against you. Unless you act within ten (lO) days from the date of tiffs 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 fred 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, 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 Plaintiff, SCOTT L. BARRETT VALAR/L. BARRETT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1874 C/VIL TERM 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 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. 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, SUITE 150 Plaintiff, SCOTT L. BARRETT VALARI L. BARRETT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-1874 CIVIL TERM 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 SCOTT L. BARRETT is over 18 years of age and resides at, 909 HUMMEL AVENUE, LEMOYNE, PA 17043. (c) that defendant VALARI L. BARRETT is over 18 years of age, and resides at, 86 ROSE OF SHARON DRIVE, ETTERS, PA 17319. 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 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, SCOTT L. BARRETT VALARI L. BARRETT De~ndam(s). No. 03-1874 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 7/8/2003 to DECEMBER 10, 2003 (per diem -$14.52) TOTAL $88,303.44 $2,250.60 and Costs $90,554.04 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. LEGAL DESCRIPTION AI~ THAT CERTAIN tract or pazcet of Land nnd premises, ~itun~, lying and being ia the Borough of Lemoyne. Co~l~ey of Cmnberland. C~wealth of Pe. nmylvania, more particatlarly hounded az~ described in accordance wit~ a suzvey nnd plan ~a~0f mad~ by Ern~ J, Walker, Prof~ioaal Engineer. dated J~ly 25, 19~4, as follows, to wit: BEOIN]ql-~G at a point on the no~ side of Hui~i~el Avenue, said Foint being 69.2 feet southwest of a eonerele ltlomun~nt at tl~ eons. er of Hummel Avenue and Nlntlt Slre~t; tbetme extending along Hmnmd Avenue, South 54 degrees West, 32.00 fe~ to a poi~; th~mce ea0mdin~ titrou~h Lot No, on the helz~lafl~r m~tioned Plan of Lots, North 86 degrees W~t, I.:~0.00 feet to a f~oll~t on the soul:beast side of a l$ fe~t wide alley; thellc,~ alon$ said all~. North 54 degrz~ea I~llst, 32.00 feet to a poillt; the41ce exlendln~ thzou~h Lm No, a8 on said planand paasJng through the cemer ora party waU, South 36 ~rees Fast, one I~undred tiny (150) feot to the point and place of BEING 17 feet of Lot No. 38 and 15 feet of Lot No. 39, Block F, on the Plan of Lots lo.wa as 'Plan No. I of Riverton', which plan is recorded in the Office, of the Reconler of Deecl~ of Cumberland County, Pennsylvania in Deed Book J, Volume 4, Page 40. HAVING thereon crewed a two and one-half story brick dwelling kltowa aS 909 Hummel Avome. Tax Parcel #12-224}824-037 TITLE 'fO SAID PP. EMISF..q IS VESTED IH Scolt L. Barrett and Valati L. Barrett, his wit~ by Deed from John D. $chroafer and Cfi:Mn= K. Sclmzder (also known as Christin~ K. ~), his wife dated 5/28/1997 and recor4~l 611211997 in Deed Book 159, Page 300. GMAC MORTGAGE CORPORATION Plaintiff, SCOTT L. BARRETT VALARI L. BARRETT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1874 CIVIL TERM 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, 909 HUMMEL AVENUE, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SCOTT L. BARRETT VALARI L. BARRETT 909 HUMMEL AVENUE LEMOYNE, PA 17043 86 ROSE OF SHARON DRIVE ETTERS, PA 17319 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AMERICAN GENERAL FINANCE, INC. 125 GATEWAY DRIVE, SUITE 109 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record li~n 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 909 HLrMMEL AVENUE LEMOYNE, PA 17043 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 unsworn falsification to authorities. July 7~ 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, SCOTT L. BARRETT VALARI L. BARRETT Defendant(s). TO: SCOTT L. BARRETT 909 HUMMEL AVENUE LEMOYNE, PA 17043 CUMBERLAND COUNTY No. 03-1874 CIVIL TERM July 7, 2003 VALARI L. BARRETT 86 ROSE OF SHARON DRIVE ETTERS, PA 17319 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND 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 A GAINST PROPERTY. ** Your house (real estate) at, 909 HUMMEL AVENUE, LEMOYNE, PA 17043, 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 $88,303.44 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 call: (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 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 compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe 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 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 fights 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 THAT CERTAIN ~act or parcel of lsnd and premises, situate, lying ned being in the Borough of Lemoyne, County of Cumberland, C~wealth of Penmylvania, more pmlicularly I~oumied and descried in accordance with a survey and plan thereof made by F.m~t J, Walker, Profmsional Engineer, dau:d July 25, 1964, as follows, to wit: liEOIH'Iq~G at a point on the noz~hwest ~ida of Hut~ei Avenue, said point being 69.2 feet southwest of a cone-reran mon~ at ~e corner of Hmumel Avenue and Ninth Street; the. nee extending along Hmnn~l Avenue, South 54- degrees West, 32.{}0 feet to a point; thence ext~mdint[ on the hereinafter m~tioned p]~ of Lots, North 86 degrees West, 150.00 feet to a pohlt 011 gte sou~east side of a ~5 ibet wide al~y; llhence along saki alley, North 54 degrees East, point; thence extendtn[ Rtrough Lm No, ~38 on said plan and passing {h~ough tile c~mer of a party wall, ~{ou~h 36 degrees Fast, one hundred fifty (1~O) feut to th~ point and place of BEING 17 feet of Lot No. 38 and 15 feet of Lot No. 39, Block F, on the Plan of LOtS klx~vtt a~ 'Plan No. i of Riverton", which platt is f~Ol'ded iu thc Offic~ of the Recorder of Duuds of Cumberland County, Pennsylvania in Deed Book J, Volume~ 4, Page 40, HAVING ther=on exected a two and otte-half story brie, k dweltin$ kltowlt as 909 Hummel Tax Parcel #12-22-0824..037 TITLE TO SAID pIZW~ISES IS VESTED ~ Scott L. Banvtt and Valari L. Barrett, his wife by Deed from Johtt D. $c. in'og~[~r ~ (~l'Jstilie K. $chrtzder (also known ss Christine K. Schtoeder), his wife dated 5/28/19~t7 and re'corded 6/12/199'/ia Deed Book 159, Pag~ 300. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1874 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 SCOTT L. BARRETT AND VALARI L. BARRETT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and 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. Amount Due $88,303.44 L.L. $.50 Interest FROM 7/8/2003 TO 12/10/2003 (PER DIEM - $14.52) - $2,250.60 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $199.72 Other Costs Plaintiff Paid Date: JULY 9, 2003 (SeaD CURTIS R. LONG 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. PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE GMAC MORTGAGE CORPORATION SCOTT L. BARRETT VALARI L. BARRETT CUMBERLAND COUNTY No. 03-1874 CML TERM ACCT. #306604529 KMD Type of Action - ]Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 Served and made known to ~ ~d~')~~ SERVED · Defendant, on the /~t~"~'~,~ day of ,200.~, at_ ~'; ],~, o'cla~.m.~at ~7 ~ /t~ ~,..c ~ d; ~C'X~.~./O~ , 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 of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. Other: an officer of said Defendant(s)'s company. Description: Age ~ Height ~//' Weight ? q t9 Race /~/ Sex: ~ Other , ~ff~/~ ~ )/~ ~.~9~/ ,7'"~ , a competent adult, being duly sworn according tc, law, depose and state that I personally handed a hue and corre'~-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 ._~/__~, 200~ Notary: ~ r NOTARIAL OF. AL I EDWARD CARL OUMPPI:;R, JR,, NOTARY PUBLIC] WEST~TER TWP., COUNTY OF YORK[ PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES ,~: TIMES OF SERVICE ATTEMPTED. On the day of · 200~ at __ Moved __ Unlmown__ No Answer 1't Attempt:. / / Time: : NOT SERVED o'clock __.tn., Defendant NOT FOUND because: __ Vacant 2"a ~ttempt:. / / Time: 3rd Attempt:. / / Time:_ : Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE GMAC MORTGAGE CORPORATION SCOTT L. BARRETT VALARI L. BARRETT CUMBERLAND COUNTY No. 03-1874 CIVIL TERM ACCT. gno06604529 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 Se ed Md m de to ,200 at , Co~onweal~ of Pe~ylva~a, h ~e manner described below: ~ Defen~nt perso~lly se~ed. Adult h~ly member wi~ whom Defen~n~s) reside(s). Relafio~p is _ ~ Adult h c~rge of Defen~s)'s residence who re,ed to give ~ or rehtio~hp. ~ M~ger/Clerk of place of lod~g h w~ch Defen~n~s) reside(s). Agent or person ~ c~rge of Defen~s)'s o~ce or us~l place of b~hess ~ o~cer of said Defen~nt(s)'s co~y. O~er: I, _~ ~ ~ ~ E ~/~/ ~,, a coveter ad.t, berg duly sworn accor~g to la , d~use ~d state ~t I personally ~d~d a ~e ~d co~ect copy of the No,ce of Shed's Sal~ ~ ~e ~er as set fo~ here~ issued ~ the captioned c~e on ~e ~te ~d at ~e ad.ess ~dicated above. ~ NOT~I~ S~ ~ EDWARD ~RL GUMMER, ~., NOT~Y PUBUC Sworn to and subsc~bed ~ WEST MANCHESTER ~P.. COUNTY OF YORK befo~ t~s ~ ~y ] ~ COMMISS~N ~RES DECEMBER 9. ~ ~LEASE A~EMPT SERVICE AT LEAST ~T~ES~[CATE DATES & TIMES OF SER~CE A~EMPTED. SERVED , Defendant, on the /~- ~7"fl). day of ~] r2 ~'~ NOT SERVED On the day of Moved __ Unknown__ 1st Attempt: / / ,200_, at __ No Answer Time: o'clock __.n% Defendant NOT FOUND because: Vacant 2"d Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of ,200 _. Nota~: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 IN TIlE (~OURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI,VANIA GMAC MORTGAGE CORPORATION VS. SCOTT I.. BARR]~TT VALAR[ L. BARRETT CIVIL ACTION CIVIL DIVISION NO. 03-1874 CIVIL TERM AF~DAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: 1, FRANK ]~EDERMAN, ESQUIRE attorney for GMAC MORTGAGE CORPOILATIONihereby verify that on July 9~ 2003 tree and correct copies of the Notice o t' Sheri fps iale were served by certificate of mailing to the recorded lienholders, and any knoxwa intdrested party see Exhibit "A" attached hereto. DATE: October 3( 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC c/o Washington Mutual Bank, FA P.O. Box 1169 Milwaukee, Yv] 53324 VS. VERNA KUHN AND SARAH A. KUHN, KNOWN I~IRS OF DENNIS L. KUHN, DECEASED ~ Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIViL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-2046 PRAECIPE TO REINSTATE TO THE PROTHONOTARY Kindly reinstate the cohaplaint on the above captioned matter. DATE: October 31,2003 PURCELL, KRUG, & HALLER Leon P. Hailer ( 1719 North Front Street Harrisburg, Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 COMMONNVEALTH OF PENNSYLVANIA COUNTY OF CUlVlBERLAND ~' SS: J I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Central Penn Prol0erties Serv Inc is the grantee the same having been sold to said grantee on the 1 oth day of Dec A.D., 2003, under and by virtue of a writ Execution issued on the 9th day of July, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, _2003 Number 1874, at the suit of GMAC Mtg Coto against Scott L Barrett & Valari L is duly recorded in Sheriff's Deed Book No. 261, Page 1805. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 3c~ ~ day of ~~-Recorder of Deeds GMAC Mortgage Corporation VS Scott L. Barrett and Valari L. Barrett In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1874 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 defendants, to wit: Scott L. Barrett and Valari L. Barrett, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. YORK COUNTY RETURN: Served defendant, Valari L. Barrett on November 5, 2003 at 10:15 o'clock a.m., by handing to her personally at 86 Rose of Sharon Drive, Etters, PA 17319 and made known unto her the contents thereof. So answers: Sheriff William M. Hose. YORK COUNTY RETURN: Served defendant, Scott L. Barrett on October 29, 2003 at 10:26 o'clock a.m., by handing to Valafi Barrett, wife of defendant, at 86 Rose of Sharon Drive, Etters, PA 17319 and made known unto her the contents thereof. So answers: Sheriff William M. Hose. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on October I0, 2003 at 10:34 o'clock A.M., he posted a tree copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Scott L. Barrett and Valari L. Barrett located at 909 Hummel Ave., Lemoyne, Pennsylvania, 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 $56,401.00 to Central Penn Property Services, Inc. It being the highest bid and best price received for the same, Central Penn Property Services, Inc. of 100 South 7th Street, Akron, PA 17501, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $59,493.24, representing costs. Sherift's Costs: Docketing $30.00 Poundage Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 22.08 Levy 15.00 Surcharge 30.00 Out of County 9.00 York County 86.08 Law Journal 297.95 Patriot News 263.20 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 40.50 $1961.15 Sworn and subscribed to before me This ~ .2 ~ltay o <) ¢.,~¢, ..)~ ~~~~'4¢ 2004, A.D. ~.' ~.~ ,t/~) )~j~2~' R. Thomas Kline, S~eriff · r6thonotary ~BY ~. _//&2~~ Real Estate/Deputy ~o, i.yo ~ ,'v~ ~'~o SCHEDULE OF DISTRIBUTION SALE NO. 15 Date Filed: January 9, 2004 Writ No. 2003-1874 Civil Term GMAC Mortgage Corporation VS Scott L. Barrett and Valari L. Barrett Sale Date: Buyer: Bid Price: December 10, 2003 Central Penn Property Services, Inc. $56,401.00 Real Debt: $88,303.44 Interest: 2,250.60 Attorney Costs: 199.72 Total: $90,753.76 DISTRIBUTION: Receipts: Cash on account (08/05/03): $ 1,500.00 Cash on account (12/10/03): 10,000.00 Cash on account (12/26/03): 49,493.24 Total Receipts: $60,993.24 Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Lemoyne Borough Attorney Federman GMAC Mortgage Corporation $1,961.15 200.00 882.11 882.11 347.88 1,500.00 55,219.99 Total Disbursements: Balance for distribution: ($60,993.244) 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. 15 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 unfiled 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 John D. Schroeder and Cristine K. Schroeder, also known as Christine K. Schroeder by deed dated May 28, 1997 and recorded June 12, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book 159 Page 300 granted and conveyed to Scott L. Barrett and Valari L. Barrett, husband and wife. 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 attorney 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 roadbeds of Hummel Avenue, 9th Street, and an unnamed 15 feet wide alley. 6. Conditions, easements and restrictions as shown on or set forth on Plan No. 1 of Riverton recorded in Deed Book "J," Volume 4, page 40. 7. Rights and party wall forming a portion of the property line for the subject premises. 10. 11. 12. Mortgage in the amount of $89,502.00 given by Scott L. Barrett and Valari L. Barrett to Accubanc Mortgage Corporation, dated January 25, 1999 and recorded February 3, 1999 in Mortgage Book 1517 Page 922. Said mortgage was assigned to GMAC Mortgage Corporation by instrument recorded in Miscellaneous Record Book 627 Page 571. Complaint in mortgage foreclosure filed by GMAC Mortgage Corporation, as Plaintiff against Scott L. Barrett and Valari L. Barrett as Defendants in the Office of the Prothonotary of Cumberland County on April 23, 2003 to File No. 2003-1874. Judgment in the amount of $88,303.44 entered July 9, 2003. Mortgage in the amount of $6,000.00 given by Scott L. Barrett and Valari L. Barrett to American General Finance, Inc. dated July 6, 1998 and recorded July 8, 1998 in Mortgage Book 1466, Page 669. Said mortgage was subordinated in favor of the mortgage recorded in Mortgage Book 1517, Page 922 by instrument recorded in Miscellaneous Record Book 602, Page 657. Mortgage in the amount of $10,000.00 given by Scott L. Barrett and Valari L. Barrett to American General Finance Inc., dated May 19, 2000 recorded may 23, 2000 in Mortgage Book 1613, Page 869. 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. 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. Robert G. Frey, Agent ~ Note: This Title Report shall not be(q~dor~binding until coun~rsigned by an authorized gSglL~. ,i~-.,ALESTATE SALE NO. 15 Writ No. 2003-i874 Civil GMAC Mortgage Corporation vs, Scott L. Barrett and Va[ail L, Barrett Atty.: Frank Federma.n LEGAL DESCRiPTION ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Borough of Lemoyne. County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and de- scribed in accordance with a sur- vey and plan thereof made by Ernest J. Walker, Professional Engineer, dated July 25, 1964, as follows, to wit: BEGINNING at a point on the northwest side of Hummel Avenue, said point being 69.2 feet southwest of a concrete monument at the cor- ner of Hummel Avenue and Ninth Street: thence extending along Hummel Avenue, South 54 degrees West, 32.00 feet to a point: thence extending through. Leg, No. 39 on the hereinafter mentl8hed plan of Lots, North 86 degrees West, 150.00 feet to a point on the southeast side of a 15 feet wide alley; thence along said alley, Nor~ 54 degrees East, 32.00 feet to a point; thence e~ctending through Lot No. 38 on said plan and passing through the center of a party wail, South 36 degrees East. one hundred fifty {150) feet to the point and place of begirm~ng. BEING 17 feet of Lot No, 38 and 15 feet of Lot No, 39, Block F. on the Plan of Lots known as "Plan No. 1 of Riverton", which plan is corded in the Office of the Recorder of Deeds of Cumberland County, Pennsylva~a in Deed Book J, Vol- ume 4. Page 40. HAWING thereon erected a ~vo and one-half story brick dwelling known as 909 Hummel Avenue. Tax Parcel #12-22-0824-037. TITLE TO SAID PREMISES IS VESTED IN Scott L. Baa-rett and Va[a- ri L. Barrett. his wife by Deed from John D. Schroeder and Cristine K. Schroeder {also known as Christine K. Schroeder). his wife dated 5/28/ 1997 and recorded 6/12/1997 in Deed Book i59, Page 300. THE pAT.RIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established 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 SALE#15 Clt'/OfHa~burg, uauprm[~.n~ I NOTARY PUBLIC My Commission Expires June o, ~ I ..... ............ My comm~ssmn expffes 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 $ 263.20 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ge 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 thc regular editions and issues of the said Cumberland Law Journal on the following dates, viz: 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 true. REAL ESTATE SALE NO. 15 Writ No. 2003 1874 Civil GMAC Mortgage Corporation VS. Scott L. Barrett and Valaxi L. Barrett Atty.: Frank Fcdcrman LEGAL DESCRIPTION ALL THAT CERTAIN tract or par - cci of land and premises, situate, lying and being in the Borough of Letnoyne, County of Cumberland. Commonwealth of Pennsylvania, more particularly bounded and de- scribed ii1 accordance with a sur- vey and plan thereof rrm, de by Ernest J. Walker. Professional Engineer, SWORN[,~ AND SUBSCRIBED before me this 31 day of OCTOBER, 2003 LOIS E, SNYDER, Noisy Public Carlisle Boro, Curnbe~and County My Commission Expires Ma~ch $, 2005 dated July 25, 1964, as follows, to wit; BEGINNING at a point on the northwest side of Huramel Avenue, said point bekig 69.2 feet southwest of a concrete monument at the cor- vey mad plm~ thereof made by Ernest d. Walker. Prol~ssionaI Engineer, dated July 25. 1964, as follows, to wit: BEGINNING at a point on the northwest side of Hurarriel Avenue, said point beillg 69.2 feet southwest of a concrete monument at the cor- ner of Hummel Avenue a~d Ninth Street; thence extending along Hurmnel Avenue. South 54 degrees West, 32.00 feet to a point; thence extending through Lot No. 39 on the hereinafter mentioned Plan of Lots, North 86 degrees West. 150,00 Iket to a potht on the southeast side of a 15 feet wide alley; thence along said alley, North 54 degrees East. 32.00 lket to a point; thence ex*~ending through Lot No. 38 on said plan and passing through the center of a party wall, South 36 degrees East. one hundred lilly {150] feet to the point arid place of beginning. BEING 17 feet of Lot No. 38 and 15 feet of Lot No. 39, Block F, on the Plan of Lots known as 'Plan No. 1 of Riverton', which plan is re corded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book J, Vol- ume 4, Page 40. HAVING thei~eon erected a two and one half story brick dwelling known as 909 Hummel Avenue. Tax Parcel # 12-22-0824 037. TITLE TO SAID PREMISES IS VESTED iN Scott L. Barrett and Vala- ri L. Barrett. his wilk by Deed l¥om John D. Schroeder and Cristthe K. Schroeder (also known as Christiae K. Schroeder), his with dated 5/28/ 1997 and recorded 6/12/1997 in Deed Book 159, Page 300.