Loading...
HomeMy WebLinkAbout01-06591 -," - ~~ "I ~" .....~ c. '-x - _"',, IiJljw.Mi;j> .' FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE ISO HORSHAM, PA 19044 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION Plaintiff v. NO. 0 1- '-~I C?tt);tt~ CUMBERLAND COUNTY GEORGE B. FERREE, JR. SUSAN L. FERREE 7 OAK AVENUE ENOLA, P A 17025 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 306379053 , ~ . ,--- .J ~ -'- , IF TillS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TillS 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. \" '>-" r '--- '-"'<''''''''"'~'-'~-'-'"-M ki' . , '-l:~ -.' ~"- " -, - ';," "' , '_0";; "-;,, > -~~"-'~7j' 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA. 19044 2. The name(s) and last known addressees) of the Defendant(s) are: GEORGE B. FERREE, JR. SUSAN L. FERREE 7 OAK AVENUE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 7/9/93 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CCNB BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1151, Page 649. By Assignment of Mortgage recorded 6/3/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 614, Page 1052. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 6/01/01 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. -~"'.~ ~ ~~--" ~~ f- -~' ,~ '< ~&"tiliIiF,,',~ 6. The following amounts are due on the mortgage: Principal Balance Interest 5/01101 through 11101101 (per Diem $20.63) Attorney's Fees Cumulative Late Charges 7/9/93 to 11/01101 Cost of Suit and Title Search Subtotal $107,584.85 3,816.55 1,225.00 799.21 550.00 $113,975.61 Escrow Credit Deficit Subtotal 0.00 705.65 $ 705.65 TOTAL $114,681.26 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~ 1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff s written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $114,681.26, together with interest from 11/01101 at the rate of $20.63 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. }~c~ /s/ Frank Federman FRAJ{KFEDER1L\N,ESQUIRE Attorney for Plaintiff ~ " . . .. ,_....,:) ", ~ ... ;~-;- ;' - r;' '00 I\'! Zl flrl11 0'\ .)0 uU- L\ S \ y,c(~ [Space Above This Lirle For R"c<;lru;llg D~\al ORIGINAL MORTGAGE J li~,~iOOlil~III~~~U~~ MTGI THfS MbRTGAGE ("Security Instrumenl") is given on July 9, 1993 . The mortgagor is George B. E'erree, Jr and Susan L. l?erree I Husband and Wife ("Borrower"). This Security InslrUmenl is given to CCNB BANK, NA which is orgnni7.cd and existing under lhe laws oC UNITED STATES OF AMERICA ,and whose address is 4242 Carlisle Pike Camp Hill, PA 17011 rLendc(). Borrower owes Lender the principal sum of ONE HUNDRED NINETEEN THOUSAND FOUR HUNDRED FIFTY AND no/lOO Dollars (U.S. $ 119,450.00 ). This debt is evidenced by Borrower's note dated die S<)nte date as this Securily Inst.rument ("Nole"), which provides for monthly paymcnlS, with the filII debt, if nOI paid earlier, due and payable on May I, 2024 . This SecuriLy !nslIuLnent SCCllre.~ to Lender: (a) the repayment of the debt evidenced by the Note. with interesl, !lnd all renewals, eXLensions and modifieati(ln.~ of Um Note; (b) the payment of all OLher sums, with intercsl, advanced under parngrlillh 7 to protect the security of this Security Instrument; IInd (c) tlle performance of Borrower',~ covenants and agreemenls under this Security Inslrument and Ute Note, For this pUlllose, Borrower does hereby morlgage, gront and convey to Lender the following described property located in Cumberland County, Pennsylvania: Sae attacnad legal description * AND (D) ALL ADVANCES MADE UNDER THE CONSTRUCTION LOAN AGREEMENT OF EVEN DATE HEREWITH TO ENABLE THE COMPLETION OF CONSTRUCTION, ERECTION. ALTERATION, AND/OR REPAIR OF THE MORTGAGED PREMISES. which hns the address of Pennsylvania 17025 7 Oak Avenue Enola [Slreet,CilyJ, ("Property Addressn); IZipC<;ldel PENNSYLVANIA. Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT eoll-6R(PA)\910S1 VMP MORTG^G& FOAMS ,1313l293.S100-IS00l5Z1-7291 P~ve I of.. Form 3039 9190 Amend')1~~" 1"lllala:~ .1151 PACE 649 <->.. "'~ ~I..o',~ -"';".1 """, ,~' ". :"i "---'>>'~i'''-''bWii '1 '-- .....,1 ,. j . . . TOGE~HER WITH all the improvcmenls 1I0W or herC&J.[(cr erecled on the pmperty, and all easemenlS, appurtenances, and fi,:,t\ll'e.s now oc hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and Ihat the Propeny is unencumbered, except for encumbrances of record, Borrower warrants and wm defend generally the title lO the Property against all claims and demands, subject to any encumbrances of record, THIS SECURITY INSTRUMENT combines. uniform covenants (or national use and non-uniform covenants with limited variations by jurisdiction to constitum a uniform security inslIumem covering real properly. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment or Principal and Interest; Prepayment and Late Charges. B'orrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds ror Taxes and Insurance. Subject to applicable law or to a wrilten waiver by Lem1er, Borrower snall pa.y to Lender on the day monthly payments are due under the Note, until the NOle is paid in full, a sum CFunds") for: (a) yearly taxes and assessments which may auaio priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly Oood insurance premiums, if any; (e) yearly mortgage insurance pre~iums, if any; and (0 any sums payable by Borrower to Lender, in accordance with the pcclVisions of par<lgraph a, in lieu of the' payment of mortgage insurance premiums. These ilemS are called "Escrow Items." Lender may, at any time, collect and hold Funds ill an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. SeetIon.2601 el seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of furure Escrow Items or otherwise in accordance with applicableJaw. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annuaHy analyzing the escrow account, or verifying the Escrow Items. unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a cbarge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by .L.efIder in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lei1der may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge. an antlllal accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as aclditionaJ security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts penniUed to be held by applicable law, Lender shall account to Borrower for the excess Funds 10 accordance with the requirements of applicable law. If the amount of the Funds neld by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case BOrrower shall pay to Lender the amount necessary 10 make up the deficieocy, Borrower shall make up the deficiency in no more than twelve monlhly payments. at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower lL'1Y Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 aAd 2 shall be applied: fIrst, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay tbese obligations in the manner provided in paragraph 2. or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing Ihe payments. Borrower shall prompliy discharge any lien which has priority over this Security [nstrument unless Borrower. (a) agrees in wripng to the payment of the obligation secured by Ihe lien in a manner acceptable to Lender; (b) conteSts in good faith Ihe lien by, or defends against enforcement of the lien in, legal proceedings which in Ihe Lender's opinion operate to prevent the enforcement of Lhe tien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any part of the Propeny is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien, Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. O<!l-6R(PA)(il05) Form 30L9 lfO,.,A !nlllaI8:~ Pago2cf8 BOoi'1151 PAGE 650 '. ",'=U", , ", '-',~ -;~ 'Jli.hl~' - .," _.~L .,j '" ~-' ~ ~"",,-~,., . . . 5. Ha~.rd or Property Insurance. BO/Tower shall keep rhe improvemenls now existing or hereafter erected on the PrOperly Insured agmnst loss by f]fe, ha7.ards included within the term "ex.tended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance, This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing !.he insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld, If Borrower fails to maintain coverage described above, Lender may. at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shaH be acceptable to Lemler and shall illclude a standard mortgage clause. Lender shall have 1he right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to Ihe insurance carrier and Lender, Lender may make proof of loss if not made promptly by Borrower. . Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restorntion or repair is economically feasible and Lender's security is not lessened. If Ihe restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer wilhin 30 day:!: a notice from Lender that the insurance carrier has offered. to seule a claim, then Lender may coJ(ect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due dale of the monthly payments referred to in paragraphs I and 2 or change tlle amount of ule payments. If under paragraph 21 the Property is acquired by Lender, BorfOwer's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition, 6. Occupancy, Preservation, MaintenaTlce and Protection or the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of Ibis Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unrtmonably withheld, or unless extenuating circumstances exist which are berond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property Lo deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begl1n that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest Borrower may cure such a default and reinstate. as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forreilUre of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument at Lender's security interest Borrower shall also be in default if Borrower, during the loan application process, gave materially falsc or inaccurate information or sl1ltements to Lender (or failed to provide Lender with any material informauon) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the !e;lSe. If Borrower acquires fee title to lhe Property, the leasehold and the fee tiUe shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate. for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to proleCt the value of !he Propcny and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which haS priority over this Security InslrUment, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by lhis Security Instrument Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making ilie loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in erCecl, Borrower shall pay the premiums required to obtain coverage substantially equivalent to tIte mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lenoer. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay 10 Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed Of ceased to be in effect Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve G-6R{PA)(91061 . Form 30~91fl/~J InUlall:~ Page3o" 8'00K1151 PAGE 651 rnjJitJ J1. IlLl:";,~ ~'.' 141 --~ ,....< ~ -1_ ~" .. ... . . payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that.~rler req~ires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the ?remlUffiS requ~ed to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage Insurance ends In accordance with any written agreement between Borrower and Lender or applicable Jaw. 9. Inspection. Lender or its agent may make reasomtble enlries upon and inspections of the Properly. Lender shall give Borrower notice at Ihe time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied !lJ' the sums secured by lhis Security Inslrument, whelher or not then due, with any excess paid to Borrower. In the event of a partial taking of the ProperlY in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a paniallaking of the Property in which the fair market value of the Property immediately before Ute taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security InstrUment whether or not the sums are lheo due. If the Property is abandoned by Borfower;or if, after notice by Lender to Borrower that the condemnor offers to make an award or setEle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is auilIorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or !lJ the sums secured by lhis Security In$tmment, whether or nol then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or poslpOne the cue date of the monlhly paymenlS referred to in paragraphs 1 and 2 or change the amount of such paymenlS. 1 I, Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amorti7.ation of the sums secured by this Security Inslrument granted by Lender 10 any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's succ~sors in interest Lender shall not be required to commence proceedings against any successor in interest or refuse to extend rime for payment or otherwise modify amortization of the sums secured by this Security InstrUment by reason of any demand made by the original Borrower or Borrower's successors in interest Any forbearance by Lender in exercising any right or remedy shill! not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co.signers. The covenants and agreements of this Security Instrument shaU bind and benefit rhe successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs !his Security Instrument but does not execute the Note: (a) is co.signing this Security Instrument only !lJ mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Inslrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the tenns of this Security Instrument or the Note without that Borrower's consent 13. Loan Cbarges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges coUected or to be collected in connection with the loan exceed the penniued IimiL'l, then: (a) any such loan chnrge shall be reduced by the amount necessary to reduce the charge to the penniuc:d limit; and (b) any sums aJready collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing ilIe principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be !J'ealed as a partiaJ prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by ftrst class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by fltSt class mail to Lender's address stared herein or any olher address Lender designates by notice to Borrower. Any notice provided for in Ihis Security Insl.rUment shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or thi 'Note confliclS with applicable law, such conflict shall not affect other provisions of this SeCurity Instrument or the Note which can be given effect without the connicting provision. To this end the provisions of lhis Security Inslrument and the Note are declared to be severable. G-SR(PA){al0S) . Form 3Dt: ~~J fnl1la~:~ P~9~ 4 016 Bo'6i(1151 PAGE 652 -.,. "'.~'~ili<r '~ ~ .- ~ __0 --~Ii ,'~~,~,","2: -- .,,, '_.~ '- <:ii_:~ . .. 16. Borrower's Copy, Borrower shall be given one conformed copy of the Note and of this Security Instrument .17, Transfer ofth~ Property ~r 3; nenefi~ial Interest i~ Borrower. If all or any part of the Property or any interest in it is sold or (ran:~felT~ (or If a beneficial mterest In Borrower IS sold or transferred and Borrower is not a natural person) without Lender's pnor wrItten consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security lnstru!llent. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of lhis SecUT/ly Inslrument If Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less than 30 duys from the date the notice is delivered or mailed wiUJin which Borrower must pay all sums secured by this Security InS(rument If Borrower fails to pay these sums prior to the expiration of this period, Lender ,may invoke any remedies permitted by Ihis Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security- Inslrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender aU sums which then would be due under this Security Inslrument and the Note as if no acceleration had occurred; (b) cures any default oC any OUler covenants or agreements; (c) pays all expenses incurred in enforcing this Security Inslrument, including, but not limited lO, reasonable auomeys' fees; and (d) takes such action as Lender may reasonably require to assure Ulat the lien of this Security Inslrument, Lender's rights in the Property and Borrower's obligation 10 pay the sums secured by this Security Instrument shall continue unchanged. Upon reinSUltement by Borrower, this Security Instrument and the obligations secured hereby shat! remain fuily effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17, . 19. Sale of Note; Change or Loan $ervicer. The Note or a partial interest in the Note (togelher with this Security Instrument) may be sold one or more times. without prior notice 10 Borrower. A sale may result in a change in the entilY (known as the "Loan Servicer") that collects monthly payments due under Ihe Note and this Security InSlIument There also may be one or more changes of the Loan Servicer unrelated to a sale of tlle Note. If \here is a change of the Loan Servicer. Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the flew Loan Servicer and ,the address to which payments should be made, The notice will also contain any other information required by applicable Jaw, 20, Hazardous Substances. Borrower shall not cause or pennit the presence, use, disposal, storage, or release of any HatMdous Subsrances on or in the Property. Borrower shalt not do, nor allow anyone else to do, anything affecting the Property dial is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender wriUen notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Sllbstances" are those substances defined as toxic or hazardous substances by Environmental Law and the following subsumces: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials conlaining asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to llealth, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows; 21. Acceleratinn; Remedies. Lender shan give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otllerwise), Lender shall notify Borrower of, among other things: (a) tile deCault; (b) the action required to cure the default; (c) when the default must be cured; and (d) that railure to cure the deCault as specified may result in acceleration oC the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non.existence or a derault or any other defense of Borrower to acceleration and Coreclosure. If the default is not cured as specified, Lender, at its option, may require immediate payment in full of aU sums secured by this Security Instrument wiUtant further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and cost<i of title evidence to the extent permitted by applicable Jaw. 22. Release. Upon payment of all sums secured by this Security Inslrument, this Security Instrument and the estate conveyed shall tenninate and become void, After such occurrence, Lender shall discharge and satisfy this Security InslrUment without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, 10 the extent penniued by applicable law, waives and releases any error or defects in proceedings to enforce this SecuriLy Instrument, and hereby waives lhe benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption, e-6R(PA)(&1061 . P~g. 5 016 Form 30~ 9f,f.....J InlUals~ BoO! 1151 PACE 653 llii ~~ ,-.j, " . 24.-Reh.stalemen, Pedod. Borrof!.,",,, to re;o''''le pro,;dod Ut p'",g"'ph !l!!1 o"ond to ono hour poono tho commen?=mellt of bidding at II. sheriff's sale or other sale pursuant to tltis Security lnstnllnent. 2S: Purchase Money Mortgage. If any of the debt secured by Ihis Security lnstnlment is lent 10 Borrower to acquire title to the Property, tlus Security InstIument shAll he a purcbase money mortgage. 26. Interest Rate After Judgement. Borrower agrees that the inlerest rate payable after 1\ judgment is entered on the Note or in AA action of mortgage foreclosure shall ~ the rate paYl1ble from time to time under the Note. 21. Riders to this Security Instrument. If one or lUore riders are executed by Borrower arul reconled together with this Security lnstnnllent, the covenanls Rnd agreemtmts of eacb sucn rider shall be incorporated into and sluill amend and supplement the covenants and agreements of tbis Security Instruments as if tbe rider{s) were a pa1t of this Security Instrument. [Check applicable box(es)J 0 Acljustable Rate Rider 0 Condominium Rider 0 1-4 FllInily Rider 0 Gnuluated Payment Rider 0 Planned Unit Development Rider 0 Biweekly Payment Rider 0 Balloon Rider 0 Rate Improvel,llent Rider 0 Second Home Rider 0 V.A. Rid!'lr 0: Other(s) [specify) BY SIGNING BELOW, Borrower accept; and Agrees to the tenns llnel covenants contAined in this Security Instnament and in any rider{s) executed by Borrower AIJ({ recorded with it. Witnesses: ~ J~( f3, ~,a-~ rge berree, Jr ~~t.i1!Am . (Seal) -Borrower (Seal) -BolTOwer (S..n -Borrower (Seal) -Borrower Certificate of Residence I, Sheila M. Eshleman the with.in.ruuned Mortgagee is 4242 Carlisle Pike, ,do hereby certifY that tlte correct address of Camp Hill, PA 17011 Witness my hand tbis day of 9th July , 1993 _I)'j, " j Q, (){ [f/ohU t1f.Q..IL- Agent of Mortgagee COMMONWEALlli OF PENNSYLVANIA, Cv0/V...ta..QA.J!..,&~ Connty ss: On this, the q.'ftt day or ~. ' 117'3 ,beforeme,thenndersignedofficer: peesoo,lIy 'pp""od --d--eAV~_.t6'!. ~VLCf, (f-r~ ,+-.~...<?~ J -..;' f.:::-.e..---~ known to me (or slll.isfactgrijy 'proven) to be the person <:" whose name..5 a<.? subscnbed to the within instrument and acknowledged tbat ~~ execut~a111e SIUDe for tbe purposes herein eonbtined. IN WITNESS WHEREOF, I hereunto set Q'ly band and officiRl seal. My Commission Expires: """"".... ......--- ",""Hi_~CotrlY Mv~_Aug.l,l'" Member, emsyMrilAM8eia\iM'l9l'NQIMII ~ J'v;1~6 ofli ,.~, '~.'.~.~~;; "-:;':' ,... ro;:1151 PICE 654 PNCMC.IOO6R6PA R.... '2J9J ~- _i n' i;'.,;"~ .__ -", I ~, Jc- " ''''''''"''' .. ~, " ",' -'" -'i:illtdi;iiMl~~;i '. ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Ernest J. Walker, Registered Professional Engineer, dated March 27, 1973, as follows: BEGINNING. at an iron pin on the Northwardly line of a 33 foot right- of-way known as Oak Avenue, said iron pin being 264 feet East of the center line of Millers Gap Road (Route 594) measured along the Northwardly line of said 33 foot right-of-way; thence by lands nOw or formerly of Charles and Lois Fertenbaugh North 04 degrees East 175 feet to an iron pin on line of lands now or formerly of Lester Eckert; thence by said lands of Eckert South 86 degrees East 80 feet to a nail in a Locust tree at corner of lands now or formerly of Donald and Evelyn Shope; thence by said lands of Shope South 04 degrees West 175 feet to an iron pin on the Northwardly line of the said 33 foot wide right-of-way; thence by the Northwardly line of said 33 foot wide right-of-way known as Oak Avenue North 86 degrees West 80 feet to an iron pin, the place of Beginning. Containing 0.32 acres. PREMi[SES "" " " -~ " ~ j ~~'" _ _, , ,{ )'--"- -'.-'~;;:;",,--~- "".-'~i~"i; " VERIFICA nON KRISTINE WILSON hereby states that she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORA nON mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the hest 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. ~.(M.I;;v... ~J DATE: / I / /1/0/ ]; ,'-:",'" <~-,' - ,-, , ;, -" ," "_ ",,_ _-n >"""~I,,,;;,"'"-",,,,:g;,,:l"~J1\it~JljilllfU: -'~''''rIjII-r~''"'''-''T' 'm. " i!D~!i!fiIifif~'f..,.j\*,l!~~",...P;lA!jj'c';;,$"",iiilr"';;",,",,!',r; k~;e''''}',-.,--' '"~ -""'''''' -~ ~. - "A.:f!I1'''~ '" ... - .1Il!R!1, . . l i .....,. .(q ~ .t () 0 0 C'.: ~ 0 <" -'n ....... -pit.. :n- C--:l ::::: ~ ~ 0.1(] "'~ '-;"1 f8 0 ~ z::c r-" 7f-' f'0 :'"1'1 ..Q C S2:~: 0.' l> I I ~ I r;CJ ~. ' r~ ~~3 ~ ~~3 .c~." ~2~ ~;~ ...:l ~ a ,~ z -j J 1"- ::< ~ 55 oJ:""" -< B-~ ~ ..,"~L IL~. __"_,..~, '__""__._P.""",,_,\,-,'<_e_,.",{_*77"_~''''"'~"'_""~""__~,", '"~_~ C,,' ,~,,_ ''"''" oW,,',. ",J,:' J-- .,<",>><," d'~' .~~_~,,' ~- __< ''" -~~-" , "~~ - . ~ J,', I M _~ . "'"~~,,,",.4L.;-" ';""';"""':r~~1; -. ~ I 7 Oak Avenue Enola, PA 17025 December 11, 2001 Cumberland County Court of Common Pleas Civil Division Attention: Prothonotary's Office One Courthouse Square Carlisle, PA 17013 RE: 01-6591 - Civil Term Dear Sir and Madam: I am in receipt of your above referenced document (cover page attached). We are currently in the process of a financial review by the First American Loss Mitigation Services (First American) for either a long-term repayment schedulelloan for the mortgage payments in arrears or an extension of our current mortgage terms. The requested documentation on the attached letter from First American has been sent and is in the process of being evaluated. Our contact there is Billy Price at 1-800-511-1278, extension 2281. We have also reopened our request for a mortgage loan with Carnegie Financial Group at 717-232-3050. Once finance terms are approved, the processing time is 30 days. We, therefore, respectfully request an extension of the current action to January 31, 2002. Respectfully submitted, ~1RM~ Susan L. Ferree cc: Frank Federman, Esquire (w/enclosures) "ft ~~ . -"""',""'.--,"........... 1-- - ~~ ..J ^ ',w ~" '~'"",~-',.~,: /, FEDERMAN AND PHELAN, LLP By: FRANK FEDEFJvIAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEY ARD SUITE 1400 PHILADELPHIA. PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION GMAC MORTGAGE CORPORATION SOU ENTERPRISE ROAD, SUITE ]50 HORSHAM, PA. ]9044 Plaintiff NO. 0 I - I.Pl/ C,u,'L ~~ v. CUMBERLAND COUNTY GEORGE B. FERREE, JR. SUSAN L. FERREE 7 OAK AVENuE ENOLA, P A 17025 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORM A nON OBT.'\INED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE 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 ONL Y 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 turther 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. ~e ~ereb . . Wlthm fl'J I;~()ertl'n/ rr,{j -" r~!,I;j' 61 ~~., <,,;, CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 :" ",-" "'>"(; TRUE COP'fFROM RECORD III T estimooy Wllsfl:'!Uf, i Mra uniD set my I1and Il1d the silal of sajd Cillllt at Carlisltl. Pa. '- Tills ~~~aYp~I~~~~, ~ toollm3ry Loan #: 306379053 ;", -~-~' '" ~" '"' -. - '-" il~jjMi"r!i:li-".'if~, "0' ... AM E III (> '1 4- More to work with.'" First American Loss Mitigation Services 518 Bienville Street. New Orleans, LA 70130 (504) 561-9340. (800) 511-1278 . FAX (504) 581-2793 November 23, 200 I George Ferree Jrr Susan Ferree 7 Oak Ave Enola, PA 17025 RE: GMAC Mortgage Corporation # 306379053 Dear Borrower( s): GMAC Mortgage Corporation ("the servicer"), whose address is 3451 Hammond Ave., Waterloo, IA 50702, is the present servicer of your mortgage loan. The Federal Home Loan Mortgage Corporation, commonly known as Freddie Mac, is the owner of this mortgage on your property. We are informed that the servicer has notified you that you may have fallen behind on your mortgage payments and that unless the payments are brought up to date and the mortgage is reinstated, the 5ervicer may seek payment of the debt and foreclosure of the mortgage. As of the date of this letter, you owe $113,412.83. Because' of interest, late charges, and other charges that may vary from day today, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may'be necessary after the Servicer receives your check, in which event the Servicer will inform you before depositing the check for collection. For further information, write the undersigned or call1-800-511-l278 extension 2281. Freddie Mac has engaged First American Loss Mitigation Services ("First American") to help resolve the delinquency in a manner beneficial to all parties. Several options may be available to help you reinstate your loan and retain ownership of your property. If those options are not workable, there are other options that may minimize the consequences of any financial hardship that might result from foreclosure. In order to properly evaluate your situation, we will need to have you complete the enclosed forms accurateiy and thoroughly and return them to First American. In addition, we will need you to provide the requested documentation. After we receive and review the completed forms and requested documentation, we hope to be able to determine a solution. The statutes pertaining to debt collection practices give you 30 days after you receive this letter to dispute the validity of the debt stated above or any part of it. If you do not dispute the debt or any part of it within 30 days of receiving this letter, First American will assume that the debt is valid. If you do dispute the debt or any part of it, you may inform First American in writing that you dispute the debt. If that occurs, First American will, as required by law, obtain and mail to you proof of the debt. Further, if you request in writing the name and address of the original creditor within the same 30-day period, if the original creditor is different from the current creditor (GMAC Mortgage Corporation), First American will furnish you with that information as well. -"",-",,;,_-~]!,t~1h;M!1,y,~gHmt" ".0" Jil1!Liit!i,I11~.~~~__ ] .tiiill~rJ JLfiJli - I iMn=~= '.-.:~ .~ 11IIll1ft . , ,'. The law does not require the servicer to wait until the end of the 30-day period before exercising against you its rights under the note and mortgage. If, however, you request proof of the debt or the name and address of the original creditor within the 30-day period that begins with your receipt of this letter, the law requires First American to suspend any efforts to collect the debt until the requested information is mailed to you. ENCLOSED FORMS TO BE COMPLETED IN FULL: 1. Default Checklist 2. Hardship Letter 3. Inspection Authorization 4. Borrower Financial Statement: Part 1 5. Borrower Financial Statement: Part 2 (If there is a co-borrower on the loan, the co-borrower must also complete each form.) DOCUMENTATION NEEDED FROM YOU: 1. Documentation substantiating your situation 2. A copy of your last two year's sil!ned federal tax returns (1999 and 2000), including all schedules 3. A copy of yonr two most recent bank statements 4. A copy of your two most recent pay stubs or other proof of present income, if self employed This is an attempt to collect a debt, and any information obtained will be used for that purpose. Negotiations between you and First American to determine and agree on options other than collection and foreclosure will not delay legal process, if any, initiated by the servicer. If legal action is initiated by the servicer, the legal action will continue unless an agreement is approved by the servicer and signed by all parties. If you promptly return the requested information and material in the enclosed postage-paid envelope, First American can review your situation in a timely manner and discuss with you the possible alternatives. Your cooperation may serve to benefit you. For instance, if there is a default, you may be able to avoid loss of your property and a negative credit rating. Your prompt attention and cooperation is appreciated. Please contact me at 1-800-511-1278 extension 2281 (toll free) immediately, even if you have already made payment arrangements. Sincerely, Billy Price Processor Enclosures 'Ie,- '" "-;"",, "'" ,t- .~_""_~ ^_'...~_"_~~~ ~,~=,,,,,,~, ","p-:''C,,"",',_,,J, ,;~ 1",'->--,.;>""".. ~,.., _~" ~,,_., "~"____",,_"""-" ,_, -<' "'~_ ","" ~,," --. ---""..^",."-,~-~,._-==^- """""-~',, '-"-'-'~'" -;:; ^-"''''~~'''''''''I"'''',~-'''' ~-~ ~ ~ I ~ .~~ '-~. ~-~ ...:.;~,..;^- ' "~ j- ,^o:,l;ji...ot;lj,"",0^,~r._-; . ,At . SHERIFF'S RETURN - REGULAR CASE NO: 2001-06591 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS FERREE GEORGE B JR ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FERREE GEORGE B JR the DEFENDANT , at 2044:00 HOURS, on the 3rd day of December, 2001 at 7 OAK AVENUE ENOLA, PA 17025 by handing to SUSAN FERREE, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.50 .00 10.00 .00 34.50 r~~~~~~ R. Thomas Kline 12/06/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: fr4'?d :W'~~< Deputy Sheriff ~ th' 1"- me lS _J- day of ~ c20zJ1 A.D. ~A'I _ 0 /h,//,. / ttR,6ii Prothonotary E __fl'J:1~'""r~.' ," - .....' I _ ' ~ ~"" I ~ - '- ; '-, - , ", . ;'Jl!!b!i\fr4Md';"_ ...' ".. lIr,. SHERIFF'S RETURN - REGULAR CASE NO: 2001-06591 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS FERREE GEORGE B JR ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FERREE SUSAN L the DEFENDANT , at 2044:00 HOURS, on the 3rd day of December, 2001 at 7 OAK AVENUE ENOLA, FA 17025 by handing to SUSAN FERREE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Aff idavi t Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~," ,"'~'r ","'#-...'1', .~ ~""'".....< /e,Arl:~ R. Thomas Kline 12/06/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: c/J4/7~ ~~,"1 Deputy Sheriff i 0.- rne this /3- day of ~ ;J.{}(9/ A.D. ~H'_t2. 71,,-,#1,.; ~ P othonotary - =~ -- ~ ~~~-- ~~ ,_",1. "" ,'- -'~,' ,:.: - '''''-I'tl:J.iI\'iiiii~ki!~ Jjf ~o i ...<1, ~WF PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, v. No. 01-6591 CIVIL TERM GEORGE B. FERREE, JR. SUSAN L. FERREE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $116,269.77 v Interest from 1/17/02 to 06/05/02 (per diem -19.11) $2,675.40 and Costs TOTAL $118,945.17 ~--J; ~ 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. liiJ:';'"':'~>'~~~~.lkj1lfJ1t~1(,,",,";,!;&,..i~~n>\"f< -he:,_,.,,,,,,,,:,,,I-,'!"'-,,-"!;,,',"-'!'" -b,rli@;ili!\'.~ililll!iilnt~' ~, ~ll_ilt'~~riW!~~~ ur .. ijllJ_UIi!';f" ,," UIII!'J';' \. ~~,:. II'lI<n M M ...~ == t-t- Z ..... ..... O~ Z 0 << 00;;.- 0 ... ~... r:i~ ... .,f< ... :;;. ~ "",..l ""'00 ~ U 00 -d ~Z ~'E' ll) Zz 0 -1iIil ZZ ~ Olilil ~ 1iIil~ IiIil = i1 1iIil", ll) ... ~ - - '" ::;~ !;J~ ll) ::; - 0 ~1iIil O<:l 'OJ .n ..... O~ U ., P-; ZZ ~ t;... ... ... uZ ~ ~ iil~ .... 5~ s ;. ."'" J~ ...:;;. :~ ~~ '" 00 ~ I:J ...u Cl:i os a ~~ ~ t;2 ~oo 0llJ) 0 c.. Cl:i~ Cl:i:;;. ...~ :::: 00 ll) :;;.z 0 000 1iIil::; t-t- I:J 0< ::; ~ ~'-' .n u~ ... ~ u u '" IiIilIilil '" ~~ ~ ~ ~ ~ ll) ..... '" z:;;. .~ < "'u ~ ~ (") 0 0 e- N --:1 ~: ,,- -Ow ~ 'r; n1rn z::;:r - f":::: zr-' _'.Ir,'l CP1;: Q) ~60 -~'-, , ~B ::::::jCJ "'"tl ~~ ~o ~, ~ C' N J>C' ZSfTl -j z ':..:> 3~ -< ::0 -< -.! ~~ """'-'?~h__ ~,~'",,"~ ~ --~.=,,,.,-~- "'".-, I~, ~~,~~, - "".~~""~" _, . .I~~ " DESCRIPTION ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland Coumy, Pennsylvania, bounded and described pursuam to a survey by Ernest J. Walker, Regisrered Professional Engineer, dated March 27, 1973, as follows: BEGINNING at an iron pin on the Northwardly line of a 33 foot right-of-way known as Oak Avenue, said iron pin being 264 feet East of the center line of Millers Gap Road (Route 594) measured along the Northwardly line of said 33 foot right-of-way; thence by lands now or formerly of Cbarles and Lois Fenenbaugh Nonh 04 degrees East 175 feet to an iron pin on line of lands now or formerly of Lester Eckert; thence by said lands of Eckert South 86 degrees East 80 feet to a nail in a Locust tree at corner of lands now or formerly of Donald and Evelyn Shope; thence by said lands of Shope South 04 degrees West 175 feet to an iron pin on the Northwardly line of the said 33 foot wide right-of-way; thence by the Northwardly line of said 33 foot wide right-of-way known as Oak Avenue Nortb. 86 degrees West 80 feet to an iron pin, the place of Beginning. CONTAINING 0.32 acres. TOGETHER with a right-of-way to the Grantee herein, their heirs and assigns, over the said 33 foot wide right-of-way known as Oak A venue in common with other owners of lots abutting on said righr-of- way for tlie purposes of ingress, egress and regress to the said Millers Gap Road (Route 594). Map #13-0985 " l;'-'.it~i~~Jg@!il:;,~},~''l~k;~ill!!\;4''''fE''''''''e",~,;,;;;%vti'I<'=,"'''!k""F;;,:~,',~il!J;.lin'IJ""ii'i-'-"'i_;fill,,i<$iM~~~~"''''''''''~-"'''''jJM: 1M -- \. ':'-.. '- ~ ~ 10 ~ ~ ~ ~ Cv ~ Yv ~ ~ , ~. (") 0 (J\. , 0 ~ B ~ C N ,1 cj ~ ~ 5:: '- ~. ~ -00:; ;Do l'.tl.-:JJ ~ ~rT1 -- ::D .""- . 65\);.: :~~ , . '\ CO 86 f , < .:.(.'L r r:= c", <:: -.' ""'U =-L+; ~ :P ::r. Qo zO ;- ~ . >2 ~ oni , \~ z w o;:;! =< -.I ~ .F=:S BlI Ic~,~_~., _~"_ , '" ,,', -~ - "~ =" " - ." ~ ~~ "-~ . , ~ " ^ -'--.'-L-l-fr ll:iit"';;;;li<;,""iY:, F,EDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SIDTE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, P A 19044 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-6591 CIVIL TERM GEORGE B. FERREE, JR. SUSAN L. FERREE Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against GEORGE B. FERREE. JR. and SUSAN L. FERREE, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 1/17/02 to 6/5/02 TOTAL $114,681.26 $1588.51 $116,269.77 I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 1---1/ 11-- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: yMM. Iff, .,,7&?.;t /$( deJ;;. e. )(~ PROPROTHY - - ~-', ""~ .. _"~ I ~_ ""QL~-~-lli' "jjj-';"" ,~..; ~O'~"~,;'__;.o-, ; (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SillTE 150 CUMBERLAND COUNTY COURTOFCO~ONPLEAS Plaintiff, CIVIL DIVISION v. NO. 01-6591 CIVIL TERM GEORGE B. FERREE, JR. SUSAN L. FERREE Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on J. J 1" 20lll.. By: /5/~' .e: ~ DEPUTY - f;..,-,<fIr.L,hcl~ If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESOUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF.KENNEDYBLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINSTPROPERTY.** ._."L- '-UW,-' .~""'"....."~- -" ~. ~-.."~'"~ ..~ ~.......... ~ , . .-_. . lc~ ~-,- 0"'<" .~,,,,;;;,:c, -'''''':'"'''~'''''"''~~-iTJ!&~ FEDERMAN AND PHELAN, L.L.P. ,. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY f GEORGE B. FERREE, JR. SUSAN L. FERREE NO. 01-6591-CIVIL Defendant(s) TO: SUSAN L. FERREE 7 OAK AVENUE ENOLA, PA 17025 DATE OF NOTICE: DECEMBER 26. 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 .'.- . k' ---7 i. -! /7",/.".,..,,- T..<.J~ knyy\ tTy\ Frank Federman, Esquire Attorney for Plaintiff _f ~ --""'~ ~~-"~L"__,,,,,",,~ ~ '~'_-1ill . L' ~ - .- -,;-. " ~-~-,,'-W~\( FEDERMAN AND PHELAN, L.L.P. " Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563 -7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY GEORGE B. FERREE, JR. SUSAN L. FERREE NO. 01-6591-CIVIL Defendant(s) TO: GEORGE B. FERREE, JR. 7 OAK AVENUE ENOLA, PA 17025 DATE OF NOTICE: DECEMBER 26, 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 7'1(Lo:t f--i.(t~i "'-Hi rL.1"- Frank Federman, Esquire Attorney for Plaintiff ''''''-''-''', ~, ~"- ~ , ," ~"~ "-..~- ._. -..~~-~ "" ..', c., ';'_,~G:' ;.;.::'~li: . ". . FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SillTE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SillTE 150 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-6591 CIVIL TERM GEORGE B. FERREE, JR. SUSAN L. FERREE Defendant(s). VERIFICATION OF NON"MILlTARY 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 GEORGE B. FERREE, JR. is over 18 years of age and resides at , 7 OAK AVENUE, ENOLA, P A 17025 . (c) that defendant SUSAN L. FERREE is over 18 years of age, and resides at , 7 OAK AVENUE, ENOLA, P A 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1J~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff !od~Mt~~-.~;.~f,i..~Mil1dt " -' - , , --"!!M "_~~';&,."',*ilL~s.-S;~'liii;t'L",".J-i,-,;b<:'i'ii;,";~ ;~r~w~~~~!l!lIi\t'.~m~- "''''. :.:.' -DiiIIiiI~~! h~iJI! ~ ~I"' ~ .. .1lIJIrn: ~", .-, ~ ~ ~ ~ ~ ~. ~ 0 C> 0 C 1'.) -'11 " ~ ~ .:.:=1 ~ -CCe' -~~ :." -n: f'flfll .... ,-,-.>n ........ ..,......-- ~ , Z~ --~y ~ I ~ ~ ~L,~ m ;~j~ ~ \:l. V r::C' " <- ::~I::: S.j!C5 ~ ~Q ~(l N :'S-~rn >e: '-- .. ---l ~ W > '-.. -' ~ F .-:5 (2,H ~ .~~, ~~w,=".~, ~ ..~,~ . ~~~., - -. --~ ~~'"'" ..""~- "L__,_ '~ '" - ~-~__H~ AFFIDAVIT OF SERVICE .. ~, "r CUMBERLAND COUNTY PLAINTIFF GMAC MORTGAGE CORPORATION No. 01-6591 CIVll. TERM DEFENDANT(S) GEORGE B. FERREE, JR. SUSAN L. FERREE ACCT. #306379053 SERVE SUSAN L. FERREE AT 7 OAK AVENUE ENOLA, PA 17025 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 6, 2002 SERVED Served and made known to 5 \) 15 Oll-l l, r<i!. ~~ ...... ,Defendant, on the at 19,:IfO,o'clock-f.m.,at 1 Oai' Ave I "EIJDI~ .., r J.k. -r::- 0('< dayof u;>\Jvav<.y. 2003 , Commonwealth of Pennsylvania, in the manner described below: I< Defendant personally served. Adult family member with whom Defendant(s) residers). Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) residers). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: , II jr:. Ii"'- Wi-.. )0/0''') blbl"J "',,~<<, Description: AgejfQ. Height~ Weight~~ Race__SexL Other ~ b~..e 5" !, C);;l(Z.<ltl-lC'" .k. G!(.~l ~~~ompetent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheri. . issued in the captioned case on the date and at the address indicated above. NOTARIAL8EAL alZAllETH M, JOHANSSON. NalIJy PubIIo Sworn to and subscribed Greene '!WP~k1in ~ before me this ~kday My 188Dec.19.2G05 of 'daofJv. "'1 ,200~ Q., , iJ Notary:CLia.kJ-h iY'"(jho..n.a.oJ5 OZ ( PLEA~ ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DA E NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: . Moved UnlrnOWll No Answer Vacant Other: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - LD. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Bonlevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 '\ 1 i ~ ,.1 m. .._~ 11I111 ~_~""~'-';_"",'~"");!F,k".."~_ ~, " ~,'~ ,'-""',;i1\!'!,w'nili!i~~lliilfI "1 ~~~.%lkI~ '"~~lllJii~i~':~" ""'ef ';-.lillit!li.;iililii f~~' -'''-- .-ft .::..~ ~"G (:, ' r\"":I' 2::'..1 ' '-/,--- ~~:~ '"- >C"" Z('--:.. :PC:. z. :.:;J , ~,"-' ~<, - - " ,.,.. ~ "_. ~""-;.,~ "" II.", < .. 41 -~ I:)'J "l;J =~i=: ,,1 :..-"~\,~ -,j ~,~~~ ~~ ';! ~ f.d + g J!J/ ~",.",.,~~,_,~.~.J ' ,- .-~ ~ k, '_' '" '", ~~'~Iili!i~-:Ll AFFIDAVIT OF SERVICE :rf' &- .. , pLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE CORPORATION DEli'ENDANT(S) No. 01-6591 CIVIL TERM GEORGE B. FERREE, JR. SUSAN L. FERREE ACCT. #306379053 SERVE GEORGE B. FERREE, JR. AT 7 OAK AVENUE ENOLA, PA 17025 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 6, 2002 SERVED Served and made known to ~ ~">~ 6, r-<:.t\~<e.e. ~ Defendant on the at n. ;'to,o'clocq~.m.,at 7 C6>)c Av't../ iJ<l6t~ ' J},r; f.!... dayof 'j;..~~~,(_,200_~ , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. _ .X AduIr family member with whom Defendant(s) reside(s). Relationship is W I ~ ~ Adult in charge of Defendant(s)'s residence who refused to give name or relations p. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant( s)' s company. 8u 5.;>lV J,., r- r~\I.~'" Other: 1l,., , r( I~ j6t''1 1o\6""~ \..d\ 1l, Deseri tion: Age~ Height~ Weight~ Race !.II\.. SexL Other ~\_$e" I, C dtf~ tJc ~ L. GI'.~ ~'i competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the N rice 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. . S & TIMES OF SERVICE ATTEMPEIJi. Sworn to and subscribed before me this ...af!: day of Jat.Jv....( , 200~ Notary:E4,cJa.,.4.h "fY). ~ By: PLEAJE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - J.D. No. 12248 One Penn Centcr at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 "\ )A.'J- J''''' , t';]il;r~Iitl1fD~!~~)~~~~~"*,h:;~m:w~~h""i;"""!'k _;ii;~,,,',,.*H;b~_,,,!W,>J!fii!-~~.M.~lll~r.lill!iill1~~~~~[jffi:--~A~r""'~'.'J" ~ ' '''", ... 1-- . (") C;J C N ~:: ""'1 .~ ""'00:-; ,.., 1"nr''-' CD - 2:",' 111 2'- C) ~~~~- C) ~C::) \:,j .. ~F~ ='C ~, :, t..,) ,p ~....(: ;~.) ~-I 2: 5:i ::< .:.=- ~- ss BII ", m^ <~ ~""",~^,,,,,,,. M,'e!'.. ,~_"~,,~~_ <",,,',0 ,,~_~ .~~~- - ~ - , "" ' <,-,,-<1 ." , ~ , n_ - "" ~ FI-j . -:".~" "GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS GEORGE B. FERREE, JR. SUSAN L. FERREE CIVIL DIVISION NO. 01-6591 CIVIL TERM Defendant(s). 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.7 OAK AVENUE. ENOLA. PA 17025. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GEORGE B. FERREE, JR. 7 OAK AVENUE ENOLA, PA 17025 SUSAN L. FERREE 7 OAK AVENUE ENOLA,PA 17025 2. Name and address ofDefendant(s) in the judgment: GEORGE B. FERREE, JR. 7 OAK AVENUE ENOLA, P A 17025 SUSAN L. FERREE 7 OAK AVENUE ENOLA, P A 17025 3. Name and iast known address of every judgment creditor whose judgment is a record lien on the real property to be sold: FULTON BANK Last Known Address (if address cannot be reasonably ascertained, please indicate) 1695 STATE STREET P.O. BOX 408 EAST PETERSBURG, P A 17025 Name COLLIE RESCUE OF CENTRAL P A, INC. 263 TEXACO ROAD MECHANICSBURG, P A 17055 -~.""""""'" "..'~-'" ~~"-"~ " _" I.~_'II_~"" -i ,- --;"i"."" ''''-'1,~~~.~, 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) None. 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 7 OAK AVENUE ENOLA, P A 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 16. 2002 DATE ~J I~j FRANK FEDERMAN, E"'SQUIRE Attorney for Plaintiff {':n; ,,:.ci~ ''';U'~F,i" " ~..~H~$iliili~~J\!;~rM>i1i~,'_',""'lL,~__;,,,,,,,,~,:4'i'iii~'~~ii_,,,~j.'fjtijihi.t'=""""""""iI~JlfIi!jJlll.htUl!li&f.&Ill:l ~~" Jlirrh:n?' -"-- .~"",,~I ,~,"~ ~=-- " '~I N ...."" .~~~ ',~ ~: 0 t-~I ,'--~> '~j ,"-~ i"'0 .. ,"",,- ':::.- - "'VCt'; -:;,~."" -Ti rnpl 2: --:-........, ,:~n ~~': -'~.C.i co :~~Q ~C; -0 :>0 -~l-" ,::>:Q ~~ --.( . 2' ~ri1 --=0 ~ )>c: u =,;' ~ v.:> :0 ...J '< 'u",."<j~!;t'l .. -~-...~~ ., _.- i ~'~." '~ " '" .'-~'~ ~~""'h' FEDE~ANandPHELAN . . "By: FRANK FEDE~AN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHlLADELPIDA,PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION GEORGE B. FERREE, JR. SUSAN L. FERREE NO. 01-6591 CIVIL TERM Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o 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 unsworn falsification to authorities. 1-J t1\/ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff _'1 ~~l,~~~~!1'#.ir,l'limi!;l;i\i1fj;ij'f&W!i~~!i~'PB;CilbPdi-N.:i"'''~,j-;,;;;\'0'''$o'i"~""!1;~;'<',l"d;"'lir&"i~~~' ~ tiiit"-"~ ii->tw"~-"WJ.'''''''''<'~--~''''lliil1~l!!.ralii rs;?1 G-N ~ - ~ ,,~" ,~,~,",.--~~" ~." ,,,0- -~ , -, ~~ . < ~:E!l...;.mliU - .~' . ~. 0 0 C j C !'" "T1 -,' L. :::". -0 OJ ;po ~ mn~ z Z..c.- ;-n Zr;. 00 '-:-)0 CZ;"... S1\S -<,r;:, !:'21::7 -r.) ~=+1 ~O ::Jt; '::::~ (:'') 0 I)? Om ;p;;c: -.; z w '> :< ~ -.l --< - .""',- - "'ii~~l!'Hk~-"= --' .<~-~ ,;..........""'""-~=. J; ~~ ,~ - . ~ J r' ~"iilfh "- '~'.-> ~~.,. . $ GMAC Mortgage Corporation VS George B. Ferree, Jr. and Susan L. Ferree In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6591 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriffs Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Out of County Dauphin County Advertising Certified Mail Poundage Law Journal Patriot News 30.00 30.00 .50 1.00 6.90 15.00 1.67 $85.07 paid by attorney 4-04-02 Sworn and subscribed to before me This /0 ~ day of ~,:I 2002, A.D. Q,.. () n.., pi. -; ~/ So Answers: ~~--~~~~k R. Thomas Kline, Sheriff I .' BY va dL;.JvYJJfh Real Estate Deputy Prothonotary I. ~ c.Jz..PL I 'j.) \L. /J 39/3 ~ ~.a > -.'~~-- '~1JialjU I' ' '" ......0. ~..;- - """ ,__~,<'~_,C_'~" :~~,~-" "(mllw~ifui"-',: GMAC MORTGAGE CORPORATION . CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS GEORGE B. FERREE, JR. SUSAN L. FERREE CIVIL DIVISION NO. 01-6591 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .7 OAK AVENUE. ENOLA. P A 17025 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GEORGE B. FERREE, JR. 7 OAK AVENUE ENOLA, P A 17025 7 OAK AVENUE ENOLA, P A 17025 SUSAN 1. FERREE 2. Name and address ofDefendant(s) in the judgment: GEORGE B. FERREE, JR. 7 OAK AVENUE ENOLA, P A 17025 SUSAN 1. FERREE 7 OAK AVENUE ENOLA, P A 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: FULTON BANK Last Known Address (if address cannot be reasonably ascertained, please indicate) 1695 STATE STREET P.O. BOX 408 EAST PETERSBURG, P A 17025 Name COLLIE RESCUE OF CENTRAL P A, INe. 263 TEXACO ROAD MECHANICSBURG, PA 17055 ., ,,"-,., "-'..> ,~ ' J , "-'''r. '<0 '1IIiiI'" ~; - _n"_ X--"';:'"j~'; . . , 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) None. 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 7 OAK AVENUE ENOLA, P A 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 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. January 16. 2002 DATE ~J 1A FRANK FEDERMAN,'E""SQUIRE Attorney for Plaintiff - .- " ""~, ~' '" - ,-.- - ---",.. -~- ' '.-'jf~~-' .. GMAC MORTGAGE CORPORATION . , , Plaintiff, CUMBERLAND COUNTY v. No. 01-6591 CIVIL TERM GEORGE B. FERREE, JR. SUSAN L. FERREE Defendant(s). January 16, 2002 TO: GEORGE B. FERREE, JR. 7 OAK AVENUE ENOLA, PA 17025 SUSAN L. FERREE 7 OAK AVENUE ENOLA, PA 17025 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSL Y 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 . 7 OAK AVENUE. ENOLA. P A 17025. is scheduled to be sold at the Sheriffs Sale on JUNE 6. 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of 116.269.77 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: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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.) . _.ff J ,,- """"'-."'-~:1r~ol;'-<'" ''''';~t.: J YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. lfthe 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 ifthe sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be el).titled 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 ofthe sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 'IHE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 i~- " DESCRIP"ITON ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Ernest J, Walker, Registered Professional Engineer, dated March 27, 1973, as follows: BEGINNING at an iron pin on the Northwardly line of a 33 foot right-of-way known as Oak A venue, said iron pin being 264 feet East of the center line of Millers Gap Road (Route 594) measured along the Northwardly line of said 33 foot right-of-way; thence by lands now or formerly of Charles and Lois Fertenbaugh North 04 degrees East 175 feet to an iron pin on line of lands now or formerly of Lester Eckert; thence by said lands of Eckert South 86 degrees East 80 feet to a nail in a Locust tree at comer of lands now or formerly of Donald and Evelyn Shope; thence by said lands of Shope South 04 degrees West 175 feet to an iron pin on the Northwardly line of the said 33 foot wide right-of-way; thence by the Northwardly line of said 33 foot wide right-of-way known as Oak Avenue North 86 degrees West 80 feet to an iron pin, the place of Begimring. CONTAINING 0.32 acres. TOGETHER with a right-of-way to the Grantee herein, their heirs and assigns, over the said 33 foot wide right-of-way known as Oak A venue in common with other owners of lots abutting on said right-of- way for the purposes of ingress, egress and regress to the said Millers Gap Road (Route 594). Map #13-0985 " """""""'~ """"~,,,,=" - ~- ~ ,- ',~-- ," -.~,"-~., ~"~ j ~, ~1IiiI ~' ~ ~, "'f'I1~_~"'" ...' - "'r~~~'\9'+i- WRIT OF EXECUTION andlor ATTACHMENT ,. COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6591 Civil CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due GMAC Mortgage Corporation PLANTIFF(S) From George B. Ferree, Jr. and Susan L. Ferree (I) You are directed to levy upon the property ofthe 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 attaclunent has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (8) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attaclunent is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$116,269.77 L.L.$.50 Interest from 1/17/02 to 06/05/02 (per diem - 19.11) $2,675.40 and costs Due Prothy $1.00 . .Arty's Comm % Other Costs Arty Paid $122.50 Plaintiff Paid Date: January 18, 2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name Frank Federman, Esq. Address: One Penn Center at Suburban Station 1617 JohnF. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 12248 By: '1ra- K'. X/~ W- .""';' :'.'!.d,U! ,>~, A~, ," ,.. ,,;.-"" "",",'.. , ",',-'k'~Fr!.'~,"1!;.,,,~!,,,~d-,"~:~"2Hdf.-';l'~;kM~~,;jJ.'fu.,~-2b";"_"'<;t_'fih,";""",""lW",,">i":~~f;[;}i;~~~&"iJl@<~-- ~, REAL ESTATE SALE No. ~ On February 6, 2002, the sherifflevied upon the defendant's interest in the real property situated in Silver SpringTownship, Cumberland County, P A, known and numbered as 7 Oak Avenue, Enola and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 6, 2002 By: JD~I J~ Real Estate Deputy .', ,'"I.' d 'ell \,1 \1 II ~l ~"-, .'4 j"l :J ';; -'1:,...1'0 ',:: \.-, ZD, \~,\ ss Z a \ IiVr '1"'." ~ .. ' " ,,;>i;') ^ " ' _:.;':;~i;jjO HI\l3HS or!; .,1 ,. . ~~ .' ,~J , ~- "' 0, ~ c=\1il c::::::::' @) ~- 70'\\:\ (jlVl ~ - -. I , ""~"'-""';>I~", , . GMAC MORTGAGE CORPORATION 'Plaintiff, CUMBERLAND COUNTY v. No. 01-6591 CML TERM GEORGE B. FERREE, JR. SUSAN L. FERREE Defendant(s). January 16, 2002 TO: GEORGE B. FERREE, JR. 7 OAK A VENUE ENOLA, PA 17025 SUSAN L. FERREE 7 OAK AVENUE ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T 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 , 7 OAK AVENUE, ENOLA, PA 17025. is scheduled to be sold at the Sheriffs Sale on JUNE 6, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 116,269.77 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 PaRC.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: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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.) ~-- - ~ ~-~ 'l' _~. ~" ~~ j, ,.,.,,;,t-'i*L,: . ~ YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be el).titled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 '""- ' . DESCRIPTION ALL THAT CERTAIN tract of land siruate in Silver Spring Township. Cumberland CoUnty. Pennsylvania, bounded and described pursuant to a survey by Ernest J. Walker. Registered Professional Engineer, dated March 27, 1973, as follows: BEGINNING at an iron pin on the Northwardly line of a 33 foot right-of-way known as Oak A venue, said iron pin being 264 feet East of the center line of Millers Gap Road (Route 594) measured along the Northwardly line of said 33 foot right-of-way; thence by lands now or formerly of Charles and Lois Fertenbaugh North 04 degrees East 175 feet to an iron pin on line of lands now or formerly of Lester Eckert; thence by said lands of Eckert South 86 degrees East 80 feet to a nail in a Locust tree at corner of lands now or formerly of Donald and Evelyn Shope; thence by said lands of Shope South 04 degrees West 175 feet to an iron pin on the Northwardly line of the said 33 foot wide right-of-way; thence by the Northwardly line of said 33 foot wide right-of-way known as Oak Avenue North 86 degrees West 80 feet to an iron pin, the place Df Beginning. CONTAINING 0.32 acres. TOGETHER with a right-of-way to the Grantee herein, their heirs and assigns, over the said 33 foot wide right-of-way known as Oak Avenue in commDn with other owners of lots abutting on said right-of- way for the purposes of ingress, egress and regress to the said Millers Gap Road (Route 594). Map /I 13-0985 ~ :&;;1,-'- ':"_~$\'!l~__...~lil!tjt~'!-JiH:1,*""";"re"',r;:~",_;-,;---,-":,."4c!",,o'~-"",,,,,_"__;jj~;',ji,lg~~i'.<i!\J,~t;J.,t.;\;~_~~'~-"-" ^'-jlf !f ~,\.. ~i1 ,,~"",'~'<K ~,_.~"""",._,. ._ ~, ,~,.,.."..,,_, ~".~ """'''"""=^,,,,,-,'.''''?"'''''~' .v"".."'C"_!<l<,>o._,~,~."~,,,,,.,,,,,,,,=.>,. ~H"t'__ 'c ,<'_ ,~,.o, -~'.x-''''' <_'_"_',,_,,'~ . ~~'~""" ,>. ". IlIlIllE 0 0 0 C N "On s; C- , ~J- -vUJ :po , >.:D ~f1 Z , :r ~~~ m<;;: CD ~:?:. ~~;1 ':=r~ ~C; -0 -:=- -r! ~o ~- ~B ..... -0 ~ ;~m )>c s;! :7 t..> :~ ro ~