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HomeMy WebLinkAbout03-3602FEDERMAN 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 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY GEORGE B. FERREE, JR. AfFdA GEORGE B. FERREE SUSAN L. FERKEE 7 OAK AVENUE ENOLA, PA 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 File #: 53521 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. File#: 53521 Pl~mfiffis 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: GEORGE B. FERREE, JR. A/K/A GEORGE B. FERREE SUSAN L. FERREE 7 OAK AVENUE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 07/09/1993 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CCNB BANK 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. 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 03/01/2003 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. File#: 53521 The following amounts are due on the mortgage: Principal Balance Interest 02/01/2003 through 07/28/2003 (Per Diem $22.38) Attorney's Fees Cumulative Late Charges 07/09/1993 to 07/28/2003 Cost of Suit and Title Search Subtotal $116,712.34 3,983.64 1,225.00 168.58 $ 550.00 $122,639.56 Escrow Credit - 492.08 Deficit 0.00 Subtotal $- 492.08 TOTAL $122,147.48 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. TIY~s action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $122,147.48, together with interest from 07/28/2003 at the rate of $22.38 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 53521 BEING ~0~ ~: 70~ A~. VERIFICATION Robert Lelli hereby states that she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in th/s matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are tree and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. SHERIFF'S RETURN - REGULAR CASE NO: 2003-03602 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS FERREE GEORGE B JR ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon FERREE GEORGE B JR AKA GEORGE B FERREE the DEFENDANT , at 1751:00 HOURS, on the 30th day of July at 7 OAK AVENUE ENOLA, PA 17025 by handing to SUSAN FERREE, WIFE a true and attested copy of COMPLAINT - MORT FORE together with , 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this ~ ~ day of ' -~roth~notary / TM So Answers: R. Thomas Klm'ne 07/31/2003 FEDERMAN & PHELAN /~ Deputy Sheriff SHERIFF'S CASE NO: 2003-03602 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS FERREE GEORGE B JR ET AL RETURN - REGULAR BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, the within COMPLAINT - MORT FORE says, FERREE SUSAN L DEFENDANT , at 7 OAK AVENUE ENOLA, PA 17025 SUSAN FERREE a true and attested copy of COMPLAINT - was served upon at 1751:00 HOURS, on the 30th day of July the , 2003 by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ ~ day of 0~ ~2~3 A.D. ~ ~ t~o no~t 7r~~' ~ So Answers: R. Thomas Kline 07/31/2003~ ,--, ~ FEDERMAN & PHELA~ Deputy Sheriff FEDERMAN AND PI{ELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SU/TE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION $00 ENTERPRISE ROAD, SUITE 150 HORSttAM, PA 19044 Plaintiff, GEORGE B. FERREE, JR. SUSAN L. FERREE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3602 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against GEORGE B. FERREE, JR. and SUSAN L. FERREE, 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 7/2/02 to 9/4/03 TOTAL $122,623.83 $9,808.30 $132,432.13 I hereby certify that (1) the addresses of the Plaintiffand Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY 09/09/03 ~dE 09:11 FAX 2155637009 FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 '~) q6'~-7000 GMAC MORTGAGE CORPORATION F & P - EDNA Attorney for Plaintiff : COURT OF COMMON PLEAS Plaintiff vs. GEORGE B. FERREE, JR SUSAN L. FERREE : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-3658 Defendant(s) TO: SUSAN L. FERREE 7 OAK A'WE~02 ENOLA, PA 17025 DATE OF NOTICE: SEPTEMBER 12. 2002 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 ~]002 Frank Federman, Esquire Attorney 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 (?lq) q6~-7000 GMAC MORTGAGE CORPORATION Plaintiff Vs. GEORGE B. FERREE, JR. AsIG'A GEORGE B. FERREE SUSAN L. FERREE Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-3602-CIVIL TO: GEORGE B. FERREE, JR. 3dKJA GEORGE B. FERREE 7 OAK AVENt'E ENOLA~ PA 17025 DATE OF NOTICE: AUGUST 20. 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 written appearance personally or by attorney and file in writing w/th 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 laxwer 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 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 500 ENTERPRISE ROAD, SUITE 150 Plaintiff, GEORGE B. FERREE, JR, SUSAN L. FERREE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3602 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 GEORGE B. FERREE, JR. is over 18 years of age and resides at, 7 OAK AVENUE, ENOLA, PA 17025 . (c) that defendant SUSAN L. FERREE is over 18 years of age, and resides at, 7 OAK AVENUE, ENOLA, PA 17025. This statement 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 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, GEORGE B. FERREE, JR. SUSAN L. FERREE Defendant(s). No. 03-3602 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 9/4/03 to DECEMBER 10, 2003 (per diem -$21.77) TOTAL $132,432.13 $2,111.69 and Costs $134,543.82 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. ALL THAT CERTAIN tract of land situate in Silver Sprmg Town~hiF, Cumb=rluad County. pem-~sylvama, bounded and described pursuant co a survey by Ernest 3. Walker, Register~-~l Professional Engineer, dated March 27, 1973, af follows: BEGINNING at am iron pin on ~e Northwardly line of a 32 foot right-of-way known ms Oak Avenue. said iron pin being 264 feet East of tlae center line of Millers Gap Road (Route 59,1.) measured along the Northwardly line of said 33 foot right-of-way; ~ence by lands now or formerly of Charles and Lois Fertenbattgh North 04 degrees East 175 feet to aa iron pin on line of In,ds now or formerly of I_,ester Eckert; thence by said lands of E'-'kert South 86 degrees East 80 feet to a nail ~ a Locust tr~ at comer of lan~ now or formerly of Do,mid a~d Evelyn Shope; the~e by sairi la.ds of Shoi~e Sout~ 04 de~ees We~t 175 fee~ to aa kon pin on the Northwardly line of ~e ~id 33 foot wide right-of-way; th.e~ce by the Northwardly line of said 33 foot wide right-of-way lmown as Oak 3.venue North 86 degrees West 80 feet to aa iron pin. ~e place of Begimthag. r'.ONTAINING 0.32 ac:ea. TOGETIJ._ER with a rigtxt-of-way to the Grantee herein, ti:tear heirs and assigns, over the said 33 foot wide right-of-way known as Oak Avenue in common wir~ other owners of lots abutting on said right-of- way for'the purposes of ingress, e~c~s and regr~s to the said Miller~ Gap Road (Route 594). Map #13-0985 BEING: 7 OAK AVENCE, ENOLA, PA 17025 TITLE TO SAID PREMISES IS VESTED IN George B. Ferree Jr. and Susan L. Ferree, hu.sba.ad a~d wife by Deed from Robert W. Karm, Ir. and Cleone P. Karm (formerly Cleone P. Provenza), htmband ..md wife dated 3128/~5 and recorded 3/29/85 in Record Book 3l E page 217. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO03-3602 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 GEORGE B FERREE JR SUSAN L FERREE 7 OAK AVENUE ENOLA PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garmshee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount DueS 132, 432.13 L.L.$ 0.50 Interest FROM 9/4/03 TO DECEMBER 10,2003 (PER DIEM-S21.77) $2,111.69 Atty's Corem % Due Prothy $1.00 Arty Paid $132.90 Other Costs Plaintiff Paid Date: SEPTEMBER 9,2003 (Seal) CURTIS R. LONG Prothonotary Deputy REQUESTING PARTY: Name FRANK FEDERMAN ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD SUITE1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court 1D No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff, V. GEORGE B. FERREE, JR. SUSAN L. FERREE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3602 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 unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, V. GEORGE B. FERREE, JR. SUSAN L. FERREE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3602 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 of Owner(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 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: Nalne FULTON BANK Last Known Address (if address cannot be reasonably ascertained, please indicate) 1695 STATE STREET, P.O. BOX 408 EAST PETERSBURG, PA 17520 COLLIE RESCUR OF CENTRAL PA, 263 TEXACO ROAD INC. MECHANICSBURG, PA 17055-2629 4. Name and address of last recorded holder of every mortgage of record: Nalne None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 7 OAK AVENUE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree 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. September 4, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, GEORGE B. FERREE, JR. SUSAN L. FERREE Defendant(s). TO: GEORGE B. FERREE, JR. 7 OAK AVENUE ENOLA, PA 17025 CUMBERLAND COUNTY No. 03-3602 September 4, 2003 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 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, B UT ONLY ENFORCEMENT OF A LIEN AGAINST PROPER TI5 * * Your house (real estate) at, 7 OAK AVENUE, ENOLA, PA 17025, is scheduled to be sold at the Sheriff's 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 $132,432.13 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 Sheriff's 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 judgrnent 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.) 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 maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule 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, PA 17013 (717) 249-3166 (800) 990-9108 -.,~ ~ERTALN ~ract of !a~d situate ~n Silver Sprig Tow~s~p, C~mberi~d County. ee~sylv~a, bouud~ ~d desc:i~d purser ~o a surve7 by Emes~ L W~r, RegLs~r~ Professional Eng~e:r, da~ M~ch 27, I973, ~ Yellows: BEGINNING at an iron pin on :he Northwardly line of a 32 foot right-or:way known ~s Oa~ Avenue. said iron p~ being 2~ feet E~t of ~e c~ter l~e of M~le~ Gap Ro~ (Route 5~) measured along ~e Northwardly l~e of ~id 33 tbot d~t.of-way: ~ence by ~ds ao~v or fo~e~ty of Chiles F~tenbaugh No~ ~ de~s E~t 175 feet to ~ ~on pin on line of ~ds now or fo~ly of ~ster ~en; ~e~e by said l~ds of Ecken South 86 degrees E~t 80 feet to a nail m a Locus~ ~ at co~r of 1~ now or ~o~efly of Do~d ~ Evelyn ShoRe; ~e~e by said lmds of ShoRe ~u~ W~ [75 feet to ~ kon pin on ~e No~w~dly line of ~e mid 33 foot wide fightmf-way; three by ~e No~wmdly line of said 33 foot wide fight-of-way ~own as Oak Argue North 86 de~e~ West 8o t~* ro ~ iron p~, ~e pl~e of Begi~g. CONTAINLNG 0.32 acres. TOGET~LER with a riglxt-of-way to the Crma~ee herein, ~eir he/r~ and ~igns, over ~e said 33 foot wide right-of-way known as Oak Avenue in common with other ow~er~ of lots al2u~ting on said right-of- way for'Se purposes of ingress, egress and regre~s to tile said Miilers Crap Road (Route 594). Map #13-0985 BEING: 7 OAK AVENTz'E, ENOLA, PA [7025 TITLE TO SAID PREMISES iS VESTED iN George B. Ferree Jr. and Susa.a L. Ferree, husband a~d wife by Deed f~om Robert W. Karns, Ir. and Cleone P. Karna (formerly Cleone P. Provenza), husband .and ~vife dated 3/28/85 and recorded 3/29/85 in Record Boole 3[ E page 217. PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE GMAC MORTGAGE CORPORATION GEORGE B. FERREE, JR. SUSAN L. FERREE CUMBERLAND COUNTY PJT No. 03-3602 ACCT.#306379053 SERVE GEORGE B. FERREE, JR. AT 7 OAK AVENUE ENOLA, PA 17025 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 SERVED Served and made known to .'J~.f ~'~_-"~' '-'~'~ O~'t~f9/'9. Defend~t, on the ~,7~day of~, 20 at~'¢O,o'oIockE.~,at ~ ~4~'; ¢~/r~ - ,Co~onwe of Pe~ylva~a, ~ the ~er described below: Defend~tperso~llyse~ed. ~ ~ ~... ~ , ; ~L , Adult fa~ly member with whom Defendant(s) reside(s). Relatio~p is ~~~ ~Adult ~ ch~ge of Defendant(s)'s residence who reused to give ~me or rela' ' tic.hip. ~ Manager/Clerk of place of lodg~g in w~ch Defen~nt(s) reside(s). Agent or person in charge of Defen~t(s)'s office or ~ual place ofb~mess. an o~cer of said Defendant(s)'s co.any. Other: Description: Age~ Height~-~Weight~~O~ce ~ Sex F Other I, ~ A' ~ ~ ~, a co~etent adult, berg duly sworn accord~g to law, depose and state that I personally ~ a ~[ an~ co~ect copy of ~e Nohce of Shedf~ s Sale in ~e ~er as set fo~h here~, issued ~ the captioned case on the date ar the ad.ess ~dicated above. Sworn to and subsc~ed ~ ~. ~ befor~ me this ~ ~y ~ ~/~~ pLEAS~ ~i~}~l~a~ ~MES. INDICATE DATES & TI~S OF SERVICE ~r'~ [~wr~[~ NOT SERVED On the day of ,200__, at o'clock __.m., Defendant NOT FOUND because: Moved ___ . Unknown__ No Answer 1st Attempt: / / Time: : Vacant 2"a Attempt: / / 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 aded J at PLAINTIFF OEFEN~A~T(S) AFFIDAVIT OF SERVICE GMAC MORTGAGE CORPORATION GEORGE B. FERREE, JR. SUSAN L. FERREE CUMBERLAND COUNTY Nc,. 03-3602 ACCT. #306379053 PJT SERVE SUSAN L. FERREE AT 7 OAK AVENUE ENOLA, PA 17025 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 SERVED Served and made known t& J,~,2~,J~d~ j , Defendant, on the , 200__.~ at ~%~.'t~O, o'clock~.ra., at 7 ~ ~ ~" ~'-~ ! , Commomvealth 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. an officer of said Defendant(s)'s company. Other: Description: Age__ Height Weight Race Sex __ Other I,/~/~ ~-AJ ~' ~o~ , a competent adult, being.duly swom according to law, ~dep. os.e and s~ate t,ha~ 1., perSOnally handed a tree and correct copy of the Notice of Sheriff's Sale m the manner as set tort~ iaerem, issued ~n tne captioned case on the date and at the address indicated above. Sworn to and subscribed befot~e n~e this ~ day/~7 P EAS n _ ZZLS. I DICAX DA ES OV SERVICE k ~' 3"~ ~~ zu~ ATTEMPTED day of NOT SERVED On the day of ,200__, at __ o'clock __.m., Defendant NOT FOUND because: Moved __ Utdmown ___ No Answer 1st Attempt:__ / / Time: : Vacant 2"d Attempt: / / 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE CORPORATION VS. GEORGE B. FERREE, JR. SUSAN L. FERREE ) CIVIL ACTION ) ) CIVIL D1VISION ) NO. 03-3602 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE CORPORATION hereby verify that on September 9~ 2003 tree and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: Novembel' 4, 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC Mortgage Corporation VS George B. Ferree, Jr. and Susah L. Ferree In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3602 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. Sheriff's Costs: Docketing 30.00 Poundage 14.11 Posting Handbills 15.00 Advertising 15.00 Mileage 13.80 Levy 15.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Law Journal 311.90 Patriot News 244.54 Share of Bills 28.90 $ 719.75 paid by attorney 12/18/03 Sworn and subscribed to before me So Answ~rs:,~ This 21~dayof }x~,~ ~~f~'~ 5~/~ R. Thomas Kline, Sheriff Prothonotary Real Est~e Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established 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. COPY S rn fO, arid subscribed before pis 19th day o/,f/N~ov.~r 2003 A.D. S A L E #48 Member Pennsyk, a~aAssooa~onOfNo~adea My commtsslor~ expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 244.54 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. 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 : $$. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Joumal 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 tree. SALE NO. 48 Writ No. 2003 3602 Civil GMAC Mortgage Corporation VS. George B. Ferree, Jr. and Susan L. Ferree Atty.: Frank Federman ALL TI[AT CERTAIN tract of land situate in Silver Spring Tovenship, Cumberland Coun[y, Pennsylvania, bounded and described pursuant to a survey by Ernest J. Walker. Reg- istered 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 a cor- net of lands now or formerly of Donald and Evelyn Shope; thence by said lands of Shope South 04 wide right-of-way known as Oak ers of lots abutting on said fight-of- way for the purposes of ingress, egress and regress to the said Mil- lers Gap Road (Route 594). Map # 13-0985. BEING: 7 OAK AVENUE, ENO- LA. PA 17025. TITLE TO SAID PREMISES IS VESTED IN George B. Ferree Jr. and Susan L. Ferree, husband and wife by Deed from Robert W. Karns. Jr. and Cleone P. Karns {for- merly Cleone P. Provenza}, husband (~ s al~Mmg ~;~ne, ~it or SWORN TO AND SUBSCRIBED before me this 31 dayof OCTOBER, 2003 LOIS E. SNYDER, Notmy Public Ca,isle Bom, Cumbedand County My Commission Expires March 5, 2005 Northwardly line of said 3~~ foot right-of way, thence by lands now or lbrmerly of Charles and Lois Fertenbaugh North 04 degrees East 175 feet to ~m 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 t~ee a cdr ncr of lands now or forlnerly of Donald and Evelyn Sbope; 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. TOGETHER with a right-of-way to the GraJxtee hereim their heirs and assigns, over the said 33 foot wide right-of-way known as Oak Avenue in common with other own- ers of lots abutting on said right-of- way for the purposes of ingress, egress and regress to the said MAi- lers Gap Road (Route 594). Map #13-0985. BEING: 7 OAK AVENUE, ENO- LA, PA 17025. TITLE TO SAiD PREMISES IS VESTED IN George B. Ferree Jr. and Susan L. Ferree, husbarid and wife by Deed from Robert W. Kerns. Jr. and Cleone P. Kerns (for- merly Cleone P. Provenza), husband and wife dated 3/28/85 and re corded 3/29/85 in Record Book 31 E page 217.