HomeMy WebLinkAbout03-3963FEDERMAN 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
COURT OF COMMON PLEAS
CIVIL DIVISION
GMAC MORTGAGE CORPORATION
500 ENTERPRISE ROAD
SUITE 150
HORSHAM, PA 19044-0969
Plaintiff
ROBERT C. PETERS, JR.
733 MOUNTAIN ROCK ROAD
CARLISLE, PA 17013-942
COURT OF COMMON PLEAS
CiVIL DIVISION
TERM
CUMBERLAND COUNTY
DIANA L. PETERS
733 MOUNTAIN ROCK ROAD
CARLISLE, PA 17013-942
Defendant(s)
CIVIL ACTION - LAW
COMPLAINT/3/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. 1F 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 #: 64457
FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN, ESQ., Id. No. 12248
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000
ATTORNEY FOR PLAINT1]?F
COURT OF COMMON PLEAS
CIVIL DIVISION
GMAC MORTGAGE CORPORATION
500 ENTERPRISE ROAD
SUITE 150
HORSHAM, PA 19044-0969
Plaintiff
ROBERT C. PETERS, IR.
733 MOUNTAIN ROCK ROAD
CARLISLE, PA 17013-942
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. ox
CUMBERLAND COUNTY
DIANA L. PETERS
733 MOUNTAIN ROCK ROAD
CARLISLE, PA 17013-942
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 ALIEN 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 iiling 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. 117 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 #: 64457
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 #: 64457
Plaintiff is
GMAC MORTGAGE CORPORATION
500 ENTERPRISE ROAD
SUITE 150
HORSHAM, PA 19044-0969
The name(s) and last known address(es) of the Defendant(s) are:
ROBERT C. PETERS, JR.
733 MOUNTAIN ROCK ROAD
CARLISLE, PA 17013-942
DIANA L. PETERS
733 MOUNTAIN ROCK ROAD
CARLISLE, PA 17013-942
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
On 8/24/98 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PLAINTIFF which mortgage is recorded in the Office of thc
Recorder of CUMBERLAND County, in Mortgage BookNo. 1478, Page 1020.
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#: 64457
The following amounts are due on the mortgage:
Principal Balance
Interest
02/01/2003 through 08/11/2003
(Per Diem $18.77)
Attorney's Fees
Cumulative Late Charges
08/24/1998 to 08/11/2003
Cost of Suit and Title Search
Subtotal
$105,385.69
3,603.84
1,250.00
263.73
$ 550.00
$111,053.26
Escrow
Credit 0.00
Deficit 1,406.35
Subtotal $ 1,406.35
TOTAL $112,459.61
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 SheriWs
Sale. If the Mortgage is reinstated pr/or to the Sale, reasonable attorney's fees will be
charged.
Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's
Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or
Notice of Default as required by the mortgage document, as applicable, have been sent to
the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by
said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff
or an authorized consumer credit counseling agency, or has/have been denied assistance
by the Pennsylvania Housing Finance Agency.
This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$112,459.61, together with interest from 08/11/2003 at the rate of $18.77 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.
FEDERMAN AND PHELAN, LLP /
FRANK FEDERMAN, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALL[NAN, ESQUIRE
Attorneys for Plaintiff
File #: 64457
Bucher; tLhenoe alon~ lande now or formerly o£ Robert C.
plan Nor':h 7" 53' 29" W~et 419.20 feet to an i~on pin set in
~E~INNIN3.
CONTAINING ~.721 acres.
PREMISES O1~: 733 MOUNTAIN ROCK ROAD
VERIFICATION
Robert Lelli hereby states that she is FORECLOSURE SPECIALIST of GMAC
MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is
authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage
Foreclosure are tree and correct to the best of her knowledge, information and belief. The undersigned
understands that this statement is made subject to the penalties of 18 Pa. C.S, Sec. 4904 relating to unswom
falsification to authorities.
OAt :
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-03963 P
COMMON-WEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC MORTGAGE CORPORATION
VS
PETERS ROBERT C JR ET AL
GERALD WORTHINGTON ,
Cumberland County,Pennsylvania,
says, the within COMPLAINT - MORT FORE was served upon
PETERS DIANA L
DEFENDANT , at 1759:00 HOURS, on the 20th day of August
at 733 MOUNT ROCK ROAD
CARLISLE, PA 17013 by handing to
DIANA PETERS
a true and attested copy of COMPLAINT - MORT FORE
NOTICE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
the
, 2003
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
honorary
So Answers:
R. Thomas Kline
08/21/2003
FEDERMAN AND PHELAN
Deputy Sheriff
SHERIFF'S RETURN -
CASE NO: 2003-03963 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC MORTGAGE CORPOP~ATION
VS
PETERS ROBERT C JR ET AL
REGULAR
GEP~ALD WORTHINGTON ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE
PETERS ROBERT C JR
DEFENDANT , at 1759:00 HOURS,
at 733 MOUNT ROCK ROAD
CARLISLE, PA 17013 by handing to
DIANA PETERS, WIFE OF DEFENDANT
a true and attested copy of COMPLAINT - MORT FORE
NOTICE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
on the 20th day of August
the
, 2003
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 5.52
Affidavit .00
Surcharge 10.00
.00
33.52
Sworn and Subscribed to before
me this 27~ day of
P~othonotary · , 3
So Answers:
R. Thomas Kline
08/21/2003
FEDERMAN AND PHELAN
FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN
Identification No. 12248
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
GMAC MORTGAGE CORPORATION
500 ENTERPRISE ROAD, SUITE 500
HORSHAM, PA 19044-0969
Plaintiff,
ROBERT C. PETERS, JR.
DIANA L. PETERS
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-3963 CIVIL TERM
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 ROBERT C. PETERS,
JR. and DIANA L. PETERS, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within
20 days fron~service thereof and for Foreclosure and Sale of the mortgaged premises, and assess
Plaintiffs damages as follows:
As set forth in Complaint
Interest from 8/12/03 to 9/24/03
TOTAL
$112,459.61
$825.88
$113,285.49
I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and
(2) that notice has been given in accordance with Rule 237.1, copy attached.
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
PRO PROTHY
FEDERMAN AND PHELAN, LLP
- FRANK FEDERMAN, ESQ., Id. No. 12248
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(?15) 563-7000
GMAC MORTGAGE CORPORATION
Plaintiff
VS.
ROBERT C. PETERS, JR.
DIANA L. PETERS
Defendants
ATTORNEY FOR PLAINTIFF
: COURT OF COMMON PLEAS
: CML DMSION
: CUMBERLAND COUNTY
: NO. 03-3963 CML TERM
TO:
ROBERT C. PETERS, JR.
733 MOUNTAIN ROCK ROAD
CARLISLE, PA 17013
FILE COPY
DATE OF NOTICE: SEPTEMBER 10, 200.3
THiS FIRM IS A DEBT COLLECTOR AI-tI~MPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN A'I-I'EMPT 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 ATI~MPT TO COLLECT A DEBT, BUT ONLY AS
ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT
A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
FRANK FEDERMAN, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
FEDERMAN AND PHELAN, LLP
FRANK FEDERMAN, ESQ., Id. No. 12248
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(5'15) 56~-70fl0
GMAC MORTGAGE CORPORATION
Plwmtiff
VS.
ROBERT C. PETERS, JR.
DIANA L. PETERS
Defendants
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DMSION
CUMBERLAND COUNTY
NO. 03-3963 CIVIL TERM
TO:
DIANA L. PETERS
733 MOUNTAIN ROCK ROAD
CARLISLE, PA 17013
DATE OF NOTICE: SEPTE. MBER 10, 2003
THIS FIRM IS A DEBT COLLECTOR AI-D~MPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATI'I~MPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.Il: YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKR~CY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN AFI't~MPT TO COLLECT A DEBT, BUT ONLY AS
ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT
A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
FRANK FEDERMAN, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
SHERIFF'S RETURN -
CASE NO: 2003-03963 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC MORTGAGE CORPOP~ATION
VS
PETERS ROBERT C JR ET AL
REGULAR
GERALD WORTHINGTON ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE
PETERS ROBERT C JR
DEFENDANT , at 1759:00 HOURS,
at 733 MOUNT ROCK ROAD
CARLISLE, PA 17013
DIANA PETERS, WIFE OF DEFENDANT
a true and attested copy of COMPLAINT - MORT FORE
NOTICE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
on the 20th day of August
by handing to
the
, 2003
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's'Costs:
Docketing 18.00
Service '5.52
Affidavit .00
Surcharge 10.00
.00
33.52
Sworn and Subscribed to before
me this day of
A.D.
So Answers:
R~ Thomas Kline
08/21/2003
FEDERMANAND PHELAN
Deputy Sheriff
Prothonotary
SHERIFF'S RETURN - REGULAR
C.~SE NO: 2003-03963 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC MORTGAGE CORPOP~ATION
VS
PETERS ROBERT C JR ET AL
GERALD WORTHINGTON
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE was served upon
PETERS DIANA L
DEFENDANT , at 1759:00 HOURS, on the 20th day of August
at 733 MOUNT ROCK ROAD
CARLISLE, PA 17013 by handing to
DIANA PETERS
a true and attested copy of COMPLAINT - MORT FORE
NOTICE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
the
, 2003
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
A.D.
Prothonotary
So Answers:
R. Thomas Kline
08/21/2003
FEDERMANAND PHELAN
Deputy sheriff
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
GMAC MORTGAGE CORPORATION
Plaintiff,
ROBERT C. PETERS, JR.
DIANA L. PETERS
Defendant(s).
No. 03-3963 CIVIL TERM
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
Interest fi:om 9/2403 to MARCH 3, 2004
(per diem -$18.62)
TOTAL
$113,285.49
$2,997.82and Costs
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 parcel of ]and zit*,~te in Dickinson Township~ Curnhcrland County,
Pennsylvania, bounded a~l ¢~escrihcd as
BEGINNING at an iron pin at corner of property of Roborc C, Peters, Jr. and in linc of land now or
formerly of Prancis C. Bucber; thence along innd~ flow Or foIl'oeriy o~ P~obe~ C. Peters, Jr. Sol,th 75°
00' O0' West 581.50 feet to an ~ pin to be set in concrete; th~agc along thc dividing line I~twee~
Lo~ No, 2 and Lot No. 3 on thc h~&mfu:r m~Z~ncd subdivi~'ion plan N0rlh 7" 53' 39~ West 419.20
f~t to an iron pm s~ in concrete; thence along o~her lands now or formerly of Ray K. Jumpvr Noxtl~
63° 52' 49' East 482.10 feet to an iron pin; thance along lands now or formerly of Pnmgis C. Bather
South 32° 17' 49" East 523,~ East lo an iron pin, the point and place of {Tg~tnni~lg.
TITLE TO SAID PREMISES IS; VF:~TED IN Rohctt C. Peters, Jr. nnd Dian~ L. Peters, his wife
by Deed from Ruy K. Jumper datect 5/2fl995 ami recorded $/3/1995, in Record Book 121 Page
763.
TAX PARCEL ~t31-09-0521-003
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 03-3963 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 ROBERT C. PETERS, JR. AND DIANA L. PETERS
(1) You are directed to lew upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed m 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 garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $113,285.49 L.L. $.50
Imerest FROM 9/24/03 TO 3/3/04 (PER DIEM - $18.62) - $2,997.82 AND COSTS
Atty's Comm % Due Prothy $1.00
AttyPaid $131.52 Other Costs
Plaintiff Paid
Date: SEPTEMBER 29, 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, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 12248
FEDERMAN and PHELAN, LLP
By: FRANK FEDERMAN
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHiN F. KENNEDY BLVD., SUITE 1400
pII:IILADELPHIA, PA 19103-1814
(215) 563-7000
GMAC MORTGAGE CORPORATION
500 ENTERPRISE ROAD, SUITE 500
Plaintiff,
ROBERT C. PETERS, JR.
DIANA L. PETERS
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-3963 CIVIL TERM
VERIFICATION OF NON-MILITARY SERVICE
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiff in
the above-captioned matter, and that on information and belief, he has knowledge of the following facts,
to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United States
or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress
of 1940, as amended.
(b) that defendant ROBERT C. PETERS, JR. is over 18 years of age and resides at 733
MOUNTAIN ROCK ROAD, CARLISLE, PA 17013-942.
(c) that defendant DIANA L. PETERS is over 18 years of age, and resides at 733
MOUNTAIN ROCK ROAD, CARLISLE, PA '170'13-942.
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
FEDERMAN and PHELAN, LLP
By: FRANK FEDERMAN
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPI~A, PA 19103-1814
(21 ) -7ooo
GMAC MORTGAGE CORPORATION
Plaintiff,
V.
ROBERT C. PETERS, JR.
DIANA L. PETERS
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-3963 CIVIL TERM
CERTIFICATION
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
( ) non-owner occupied
( ) vacant
(x) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom
falsification to authorities.
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
GMAC MORTGAGE CORPORATION
Plaintiff,
ROBERT C. PETERS, JR.
DIANA L. PETERS
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DMSION
NO. 03-3963 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK
FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at,733 MOUNTAIN ROCK ROAD,
CARLISLE, PA 17013-942.
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
ROBERT C. PETERS, JR.
733 MOUNTAIN ROCK ROAD
CARLISLE, PA 17013-942
DIANA L. PETERS
733 MOUNTAIN ROCK ROAD
CARLISLE, PA 17013
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:
maine
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
4. Name and address of last recorded holder of every mortgage of record:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
5. Name and address of every other person who has any record lien on the property:
marne
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.
Nalne
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:
manic
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
733 MOUNTAIN ROCK ROAD
CARLISLE, PA 17013-942
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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
September 25, 2003
DATE
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
GMAC MORTGAGE CORPORATION
Plaintiff,
ROBERT C. PETERS, JR.
DIANA L PETERS
Defendant(s).
TO:
ROBERT C. PETERS, JR.
733 MOUNTAIN ROCK ROAD
CARLISLE, PA 17013-942
CUMBERLAND COUNTY
No. 03-3963 CIVIL TERM
September 25, 2003
DIANA L. PETERS
733 MOUNTAIN ROCK ROAD
CARLISLE, PA 17013-942
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBTAND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCYAND THIS DEBT WAS NOTREAFFIRMED, THIS IS NOT,4ND SHOULD NOT BE CONSTRUED TO BE
ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY **
Your house (real estate) at, 733 MOUNTAIN ROCK ROAD, CARLISLE, PA 17013-942, is
scheduled to be sold at the Sheriffs Sale on MARCH 3, 2004 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $113,285,49
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:
t
The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: {215) 563-7000.
You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings,
You may need an attorney to assert your fights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563~7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the 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 Sherifl} you will remain the owner of the
property as if the sale never happened.
5. You have the fight to remain in the property until the full amount due is paid to the Sher/ff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other fights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
ALL THAT CERTAIN [~rc¢! of land situate in DickinsOn Tnwnsl~ip, Cumbcflaod County,
Pcnnsy~vania~ bounded and describcd as follows:
EIEGINNING at an i[on pin at comer of property of Robert C. Peters, Jr. and in fine of land now or
form~ly of Fcanc~ C. Bucher; rlrenc¢ along hinds now or formedy of Robert C. Peters, Jr. $ouff, 75°
00' 00' West 581.50 feet to an iron pin to be set in concr~e; ~thencc along tl~c dividing li~ between
Lot No. 2 and Lot No. 3 on the hereinafter n~mlinned subdivision plan Nollh 7~ 53' 39" Wes~ 419.20
f~et to an iron pin set in cancmm: tlteacc along o~et lands now or formerly of Ray K. Jumper Nor~
63e 52~ 49' East 482.10 feet to an iron pin; thence along lancln now or x~ormerly of Francis C. Bocher
South 32~ 17' 49' East 523.66 East Io an iron pin, the point and place of begianing.
TITi, E TO SAID PREMISES 1S VESTED IN Robert C. Peterm, Jr. aud Diana L. Peters, his wife
by Deed from Ray K. Jumper dated 5/2/1995 and recorded 51311995, in Record I~k 12! Page
763.
TAX PARCEL
PL~AINTIFF
DEFENDANT(S)
AFFIDAVIT OF SERVICE
GMAC MORTGAGE CORPORATION
ROBERT C. PETERS, JR.
DIANA L PETERS
CUMBERLAND COUNTY
No. 03-3963 CIVIL TERM
ACCT. ~1.98284801
PJT
SERVE DIANA L. PETERS AT
733 MOUNT~OCK ROAD
CARLISLE, PA 17013-942
Type of Action
- Notice of Sheriff's Sale
Sale Date: MARCH 3, 2004
Served and made known to
SERVED
c~day of ~--~k~
, Comrtmnwealth 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~2'r', Weight/33- Race~~x Sex /r~ Other
I, Q ['3'6-~1'~¢~ k, ~h~'-~'/,~,a competent adult, being duly sworn according to law, depose and state that I
personally handed a tree and c6rrect copy of the Notice of Shariff's Sale in the,r ......
on the date and at the address ind~ ! ~ gl~ ~n'u ~~,l~il~t I~ll~
captioned
case
Sworn to and subserved
befor~ rile this _~_ day
of ':2oo 7 A/C) t
PLEASE ATTEMPT SERVICE AT LE~ST-3 TIMES. INDICATE I~,F~& TIMES OF SERVICE
ATTEMPTED.
NOT SERVED
On the day of ,200__, at __
o'clock __.m, Defendant NOT FOUND because:
Moved Unknown No Answer
Vacant
1st Attempt: / / Time:
:
2nd 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
PLA/NT1FF
DEFENDANT(S)
AFFIDAVIT OF SERVICE
GMAC MORTGAGE CORPORATION
ROBERT C. PETERS, JR.
DIANA L. PETERS
CUMBERLAND COUNTY
PJT
No. 03-3963 CIVIL TERM
ACCT. #498284801
SERVE ROBERT C. PETERS, JR. AT
733 MOUNT~II~ROCK ROAD
CARLISLE, PA 17013-942
Type of Action
- Notice of Sheriff's Sale
Sale Date: MARCH 3, 2004
SERVED
at 711~ ,o'clockg. m.,atT.~_~ /~0~3~'- ~¢ ~X~t/j
of Pennsylvania, in the manner described below:
day of (~ ~'0 ~Oe u' , 200_3
, Commonwealth
__ Defendant personally served.
~ Adult family member with whom Defnndant(s) reside(s). Relationship is ~x):~ .0~o~._ ~., ~,~%-
Adult in charge of Defendant(s)'s residence who refused to give name or relations]ti~. ~
Manager/Clerk of place of lodging in which Defendant(s) reside(s).
Agent or person in charge of Defendnnt(s)'s office or usual place of business.
an officer of said Defendant(s)'s company.
Other:
Description:. Age/7~ Height ~/~." Weight /.~- Race ~0~Sex ~ Other 16~o*,~[~ ~0;~
i,C {~f'¢e [x: E ~, C*g. ~ ~,va competent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy of the Notice of Sherifffs Sale in the manner as set forth hereby, i ~sued in the cantinned case on the dato ~nd at
the address indicated above.
Sworn to and subscribed I
before 's day ~'9., ~ G01g~
Notary. ~ ')~. By~ .
EASE ATTEMPT SERVICE AT LEAST 3 TIMES. II~)IC~¥E D~ ~' TIMES OF SERVICE ATTEMPTED.
NOT SERVED
On the day of ., 200__, at __
__ Moved __ Unknown__ No Answer
1st Attempt: / / Time: :
o'clock _.m, Defendant NOT FOUND because:
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
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GMAC MORTGAGE CORPORATION
VS.
ROBERT C. PETERS, JR.
DIANA L. PETERS
CIVIL ACTION
CIVIL DIVISION
NO. 03-3963 CIVIL TERM
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 January 2L 2004 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: February 5, 2004
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
FEDERMAN AND PHELAN, L.L.P.
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
215-563-7000
Main Fax 215-563-5534
February 5, 2004
Office of the Prothonotary
CUMBERLAND County Courthouse
GMAC MORTGAGE CORPORATION
v. ROBERT C. PETERS, JR. DIANA L. PETERS
CUMBERLAND County, No. 03-3963 CIVIL TERM
Dear Sir,
Please file thc enclosed AMENDED affidavit(s) in reference to the above
captioned matter(s). Kindly return the attorney copy(s) in the self addressed stamped
envelope that has been provided for your convenience.
Thank you for your cooperation.
Yours truly,
Rach~el~. Allmond
for Federman and Phelan
CC: Sheriff's Office of CUMBERLAND County
GMAC MORTGAGE CORPORATION
Plaintiff,
Vo
ROBERT C. PETERS, JR.
DIANA L. PETERS
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 02-5392
AMENDED 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 Praeeipe for the Writ of Execution was filed the
following information concerning the real property located at ~733 MOUNT ROCK ROAD~
CARLISLE~ PA 17013 .
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
ROBERT C. PETERS, JR.
733 MOUNT ROCK ROAD
CARLISLE, PA 17013
DIANA L. PETERS
733 MOUNT ROCK ROAD
CARLISLE, PA 17013
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:
Nanle
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address of last recorded holder of every mortgage of record:
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.
NaiTle
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:
NR1Tie
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
733 MOUNT ROCK ROAD
CARLISLE, PA 17013
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 of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities.
February 5, 2004
DATE
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
GMAC Mortgage Corporation
VS
Robert C. Peters, Jr. and
Diana L. Peters
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2003-3963 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 2443.58
Advertising 15.00
Posting Handbills 15.00
Levy 15.00
Surcharge 30.00
Service 14.49
Law Journal 200.30
Patriot News 155.59
Law Library .50
Prothonotary 1.00
Share of Bills 29.32
$2949.78 paid by attorney
02/24/04
This ,~J~ day of ~
Thomas Kline, Sheriff
2004, A.D. ~ ~ '~ BY
Prothonotary Real E~fate Deputy
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Michael Morrow, being duly sworn according to law, deposes and says:
That he is the 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 March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the
3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of said printed
notice or advertising, and that all of the allegations of this statement as to the time, place and character of
publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin~in Miscellaneous Book 'M",
Volume 14, Page 317. ~~~'~'
PUBLICATION ...........................................
C O P Y Sworn to ~ ~lle,...tl~is 23rd day o,J/~ebru, afy 2004 A.D.
REAL ESTA't'E 8AI'E f~' ~ ~ I~"~ 6XP~re~ J~e ~'' ~x'l~ ~ NO'~ARY PUBLIC
My com ssion
~R~ C, ~ d~. ~ CUMBERED COU~ SHERIFFS O~ICE
~ ~ CUMBERED C~ ~U~SE
A~.~ 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
$ 155.59
Publisher's Receipt for Advertising Cost
publisher of The Patriot-News and The Sunday Patriot-News. newspapers of general
receipt of the aforesaid notice and publication costs and certifies that the same have
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
SS.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of ail legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
JANUARY 16, 23, 30, 2004
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 ail allegations in the foregoing
statements as to time, place and character of publication are true.
REAL ESTATE $ALE NO. 75
Writ No. 2003-3963 Civil
GMAC Mortgage Corporation
VS.
Robert C. Peters Jr. and
Diana L. Peters
Atty: Frank Federman
ALL THAT CERTAIN parcel of land
situate in D~ckinson Township. Cum-
berland County, Pennsylvania,
bounded and described as follows:
BEGINNING at an iron pin at
comer of property of Robert C. Pe-
ters, dr. and in line of land now or
formerly of Francis C. Bucher: thence
along lands now or formerly of Rob-
ert C. Peters. dn South 75° 00' 00"
West 581.50 feet to an a'on pin to
be set in concrete: thence along the
dividing line between Lot No. 2 and
Lot No. 3 on the hereinafter men
tioned subdivision plan North 7* 53'
39" West 419.20 feet to an iron pin
set in concrete; thence along other
lands now or formerly of Ray K.
Jumper North 63* 52' 49" East
482.10 feet to an iron pin; thence
along lands now or formerly of
Francis C. Bucher South 32° 17'
49" East 52.3.66 East to an iron pin,
the point and place of beginning.
TITLE TO SAID PREMISES IS
~D IN Robert C. Peters. Jn and
Diana L. Peters. his wife by Deed
from Ray Ft. Jumper dated 5/2/1995
and recorded 5/3/1995, In Record
Book 121 Page 763.
TAX PARCEL #31 09 0521-003.
f/isa Marie Coy~e, Editor
SWORN TO AND SUBSCRIBED before me this
30 day of JANUARY 2004_
LOIS E. SNYDEFI, Notary Public
C~lsle Bom, Cumbedand County
My Commission Expires Mmh 5, 2005
err C. Peters, dr. South law uu u~
West 581.50 feet to an iron pin to
be set in concrete; thence along the
dividing lirie between Lot No. 2 and
Lot No. 3 on the hereinafter men-
tioned subdivision plan North 7° 53'
39" West 419.20 feet to an iron pin
set in concrete; thence along other
lands now or formerly of Ray K.
Jumper North 63° 52' 49" East
482.10 feet to an Iron pin; thence
along lands now or formerly of
Francis C. I3ucher South 32° 17'
49" East 523.66 East to an iron pin,
the point and place of begimxing.
TITLE TO SAID PREMISES IS
VESTED IN Robert C. Peters. Jr. and
Diana L. Peters. his wife by Deed
from Ray PL Jumper dated 5/2/1995
and recorded 5/3/1995, in Record
Book 121 Page 763.
TAX pARCEL #31-09-0521 003.