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HomeMy WebLinkAbout01-6591FEDERMAN 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 150 HORSHAM, PA. 19044 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff NO. 0 GEORGE B. FERREE, JR. SUSAN L. FERREE 7 OAK AVENUE ENOLA, PA 17025 Defendant(s) CUMBERLAND COUNTY 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 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA. 19044 The name(s) and last known address(es) 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. 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. 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 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. The following amounts are due on the mortgage: Principal Balance Interest 5/01/01 through 11/01/01 (Per Diem $20.63) Attorney's Fees Cumulative Late Charges 7/9/93 to 11/01/01 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 0.00 Deficit 705.65 Subtotal $ 705.65 TOTAL $114,681.26 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 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 I 1/01/~1 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. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MTG I MORTGAGE ORiulNAL THIS MORTGAG;E ("Security Instrument") is~liven on July 9, 1993 George B. Eerree, Jr and Susan L. Ferree, Husband and Wife ("Borrower"). Thi,~ Security [nsLr~ment is given to CC~ BA~K, NA · T~e mortgagor is Camp Rill, PA 17011 ("Leader"). Borrower owes Lender the princlpal sum of ONE HUNDRSD NINETEEN THOUS.~qD ]POUR HUNDRED FIFTY AND no/lO0 Dollars (U.S. $ 119,450.00 "this dcht is evkleneml by Borrower's note deled fire santo date as dds Security InsLmmcnt ("Note"). which provides for monfllly mmlificafions of the Note; (b) file paymcn/of all olher sums, wifl~ inlerC~t, advanced under paragraph 7 to protect the security of Note. For this purpose, Borrower dries hereby mortgage, grant and convey to Lender the following described property located in Cumberland Courtly, Pent~ylvenia: gee a~:tached legal description * AND (D) ALL kgVANCES t.L~DE UNDER TEE CONSTRUCTION LOAN AGREEMENT OF EVEN DATE tlEREWITH TO ENABLE TEE COH~LETION OF CONSTRUCTION, ERECTION, ALTERATION, ~/OR which I,~ [ho address of 7 Oak Avenue Enola Pe~nsylvanla 17025 ("Property Ad~s"); . [Zip Cutlet PENNSYLVANIA - Single Family . Fannie Mae/Freddie Mae UNIFORM INSTRUMENT e~ge I el a ~'~1151 ~AC£ t~49 Form 3039 g/g0 · ' TOGETI~ER WITH all the improvements now or hereafter erected on the property, and all easements, appurtonanes.s, and fixt~'es no~, or herenf~:r a part of the prope~y. All replacements and additions shall also be covered by this Security Instrument, All of the foregoing is referred to in this Security Inslxument as the "Properly." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Properly and that the Properly is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for nsdonal use and non-uniform covenanm with limited variations by jurisdiction to constitute a uniform security instsument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree a~ follow, s: 1. Payment of Princlpaland Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and inmrest on the debt evidenced by the Note and any pmpaymant and late charges due under the Note. 2, Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly mas and assessments which may atlain priority over this Security loslrumant as a lien on the Property; Co) yearly le. asehold payments or ground rents on the Properly, if any: (c) yearly hanerd or property insurance premiums: (d) yearly flood inserance pteminms, i~ any; (e) yearly mortgage imorance premiums, ff any; and (0 any sums payable by Eon'ewer to Lender, in accordance with tho provisions of paragraph 8, in lieu of the paymant of mortgage insurance premiums. These items are called "E~row It~ns." Lender may, at any time, collect and hold Funds in 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 Re.al Estate Settlement Pr~ares Act of 1974 as amended from time to time, 12 U.S.C. Section .2601 et seq. ('RESPA"), unlass another law that applies to the Funds sets a les.~r amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amounL Lender may ~timate the amount of Funds due on the basis of current dam and reasonable astimat~ of expenditures of futura Escrow Items or otherwise in accordance with applicabla.law. The Funds shall be held in an institution whoso deposits are insured by a federal agency, ths~'umentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. L~M~' shall apply the Funds to pay the F. sctow Items. I..~nder may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or v~a'ifying the Escrow Irons, unl~ Lender pays Borrower interest on tho Funds and applicable law permits Lender to make such a charg~ However, Lender may require Eon'ewer m pay a one-time charge for an independent real estate tax reporting serwce ~ by Lender in connection with this loan, unless applicable law provides othenvise. Unless an agrenment is made or applicable law requires interesl to be paid, Lender shall not be r~quired to pay gonower any interest or earnings on tbe Funds. Borrower and Lender may ogres in writing, however, that interest shall be paid on the Funds. Lender shall give It Borrower. without cha~ge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds wes made. The Funds ar~ pledged aa additional security for all sums secured by this Security Instrument. If the Funds held by Lender exc-.~d the amounts pe~nittod to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of tho Funds held by Lendex 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 to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's solo discretion. Upon payment in full of all sums ~ored by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If. under paragraph 21, Lender shall acquire or sell tho Property, Lender, prior ~o the acquisition or ~tle of the Prof~ny, shall apply any Funds held by Lender at the time of acquisition or sale es a credit against the sums secured by this Security Instrument. 3. Application of Payment. Unle~ applicable law provides otherwise, all payments received by Lender under paragraphs I and 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 duc under the Note. 4. Charges; Liens. Borrower shall pay all rexes, assessments, charges, fines and impositions aurlbutable to the Propeaxy which may attain priority over this Security Iostroment, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2. ur if not paid in that manner, Borrower shall pay them on llmo directly to tho person owed payment Borrower shall promptly furnish to Le~der all notices of amounts to be paid under this paragraph. If Borrower makes thesa payments direcdy, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any tian which has priority over this Security Instrument unle~ gorrowec. (a) agre~ in writing It the payment of tho obligation secured by the lien in a manner acceptable to Landau, (b} contests in good faith tho llen by, or defends against enforcement of the lien in, legal proceedings whicb in tho Lender's opinion operat~ to prevtflt the anforcamant of the lien; or (u) secures from the holder of the lien an agn~ement sedsfactory to Lender subordinating tho lien to this Security Instrument. If Lender determines that any part of the Properly is subject to a lien which may attain priority over this Security Inslzument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or mor~ of the actions set forth above within 10 days of the giving of notice. r6'~1151 P~CE 650 ~. Hazard or Property Insurance. Borrower shall keep Ihe improvemenL~ now existing or hereafter ~nsu;~ aghast ~os~ by C~e, h~ includ~ wi~in ~e ~ "ex~nd~ cov~age" ~d ~y o~ h~ds, including flo~ or fl~ing, for which ~der r~uir~ insurer, ~is insur~ sh~l ~ m~n~n~ ~ ~o ~oun~ ~d for ~e pefi~ ~at ~d~ r~u~. ~e instance c~er providing ~e insur~ sh~l ~ cho~ by Bo~wer subj~t m ~nder's approvfl which s~l not ~ unr~onably wi~held. If Bo~ower finis to m~nmin cov~ge d~fib~ aMve, ~nder may, at ~nder's opfon, ebon coverage to profit ~nder's righm in ~e ~ny in ac~rdance wi~ p~ph 7. All insur~ce ~lici~ ~d renewals shall be a~epmble to ~der ~d shill iuclude a smndwd mortgage clause. ~d~ s~l have fl~e right m hold ~e polici~ ~d renewal. If ~nd~ r~ui~, Bo~ower shill promptly give to ~d~ premiums ~d renewfl notice. In ~e event of loss, Bo~ower s~ll give prompt no?o ~ ~e insurmce ~er ~d ~nd~. ~nd~ may m~e proof of loss if not made promptly by Bo~wer. Unl~ ~d~ ~d Bonower o~e~im a~ in writing, insur~ pr~s s~l ~ appli~ to ~o~rty d~ag~, it ~e ~mmtion or rep~ is ~onomi~ly f~ible ~d ~der's s~ty ~ not l~en~. If ~e ~mmfion or ~ ~ not ~onomi~lly f~iblc or ~nder's s~ty would ~ I~, ~e insurer p~s sh~l be app~ ~ ~e sums ~u~ by ~is S~ity Ins~m~L whe~ or not ~en due, wi~ ~y ~c~ p~d to Bomower. If Bo~wer a~dons ~o~rty, or do~ not ~swer wi~in 30 days a notice from ~nder ~at ~e ins~ce ~er has offe~ ~ se~e a c~m, ~en ~nder may cotl~t ~e insur~ pmc~s. Lend~ may u~ ~e p~ ~ repa~ or ~mre ~e ~op~y or by ~is S~urity Ins~ment. whe~er or n~ fl~ due. ~e 30-day peri~ will ~gin when ~e nofic~ is given, Unl~s ~nder ~d Bonow~ o~e~ise agr~ in writing, ~y appli~fion of pro~s ~ p~neJpfl s~all not ~d or ~no · e ~ue da~ of ~e monUtly paymen~ refe~ m in p~graphs I ~d 2 or eh~ge fl~e ~ount of fl~e payment. If und~ p~gmph 21 ~o &o~rty is aequ~ by ~nd~, BO~o~'s right to ~y insurer polizi~ ~d precis r~ulfing from d~ago P~peny prior m ~e a~ulsifion shall p~ to ~der to ~e extent of fl~e sums s~ur~ by ~is S~ud~ Ins~ment imm~ly prior ~ ~e acquisition. 6. Occupancy, Pr~ervatlon, Main~n~nce and ~otection of ~e Property; Borrower's Loan Appli~tion; L~hol~. Bo~wer shall o~upy, ~bl~h, ~d u~ ~e ~ay ~ Bo~ow~'s p~elpfl r~iden~ wi~in sixty ~ys ~ ~e ~ufion of · is S~urity lns~ment ~d sh~[ ~nfinue ~ ~upy ~e ~operty ~ Bo~w~'s pfincipfl ~iden~ for d~ of ~up~cy, units ~det o~ a~ ~ writing, which ~nsent shill not be ~r~nably wi~hdd, or unl~ ex~uafing ckcumsmnc~s exit which ~ ~yond Bo~w~'s ~n~l. Bo~ower sh~l not d~y, ~mag~ or ~p~ ~e ~y, ~low ~ Property ~ derriereS, or ~mmlt w~ on ~e P~y. Bo~ower sh~ ~ in default ~ ~y foffei~re gfion or pinching, whe~ civil or ~fl, is ~gun ~at ~ ~d~'s good f~fl~ judgment could r~ult ~ foffoi~ of ~e ~op~ or o~e~i~ materiflly impa~ ~e li~ cr~t~ by ~ S~urity Ins~m~t or ~nder's s~ud~ intel Bo~ow~ may curo such a defaulL ~d reinsm~, ~ provld~ in p~mph 18, by ~using ~e action or p~g to be d~mi~ ~d~'s g~d f~ d~erminafion, p~ludes forfeiture of ~e Bo~w~'s inm~t in ~o Pm~ny or o~ ma~ · e lien ~ by ~is S~urity Ins~m~t or ~d~'s s~urity inler~L Bo~w~ ~fll il~ ~ ~ default Io~ appli~fion proc~s, gave mat~flly fal~ ~ ina~umm infor~fion or sm~ m ~d~ (or f~ ~ pmvid~ ~d~ wi~ any ma~ifl information) in ~n~fion wi~ ~e Io~ evid~ by ~o Nora, ~cluding, but not timi~ ~, ~o~ ~ming Bo~ow~'s ~eu~ey of ~e ~y ~ a pdncipfl r~iden~. If ~is S~ity ~s~m~t ~ on a [~hold, ~1 comply wi~ all ~e p~v~ions of ~e 1~. If Bo~ower a~ui~ f~ rifle ~ ~e ~ay, ~e l~old ~d not m~ge un~ ~der a~ ~ ~e m~r in ~fing. 7. ~oteetinn of Lender's Rtghts in lhe ~operty. If Bonower f~ls m ~fo~ ~e coven~ ~d · is S~y I~men~ or ~ere ~ a ~gfl pr~ing ~at may signifi~fly gf~t ~nd~'s figl~ in ~o P~ (s~ ~ a prying in b~ptcy, proba~, for ~nd~nafion or forfeiture et ~ ~force la~s or ~gulafions), ~en ~d~ ~y do md pay for whatev~ ~ n~ ~ pm~ ~o value of ~e Property ~d ~d~'s fighm in go P~p~y. ~nder's ~fion~ may include paying any sums s~u~ by a lien which h~ priority ov~ ~ Sg~ity Ins~men~ aping in co~ paying r~blo atmmoys' f~ ~d entering on ~e ~ to m~e repots. Al~ou~ ~d~ may ~e ~fion ~d~ d~ not ~vo to do ~. Any ~oun~ disbu~ by ~nd~ under ~is paagmph 7 shill ~ome ~difion~ debt of Bo~w~ Ins~m~L Unl~ Bo~ow~ ~d ~d~r a~ ~ ~ ~s of paymen~ ~ ~oun~ shill ~ in~t f~m d~bur~m~t at ~e Nora mm ~d sh~l ~ payabl~, wi~ in~t, u~ nofic~ f~m ~der m Bo~wer r~u~fing 8. Mo~gag~ Insumnc~ If ~nd~ r~u~ mongago insu~ ~ a condition of m~g ~e 1o~ Ins~L Bo~ower ~fll ~y ~ p~miums ~u~ ~ m~nmin ~e mortgage i~r~ ~ ~ffgL mo~age insu~ cov~ge ~u~ by ~nd~ la~ or ~ ~ bo in off~ Bo~w~ sh~ ~ay ebon coverage subs~fially ~uivfl~t to ~e mortgage insurer previously in eff~ at a ~st subs~fi~ly ~uiv~ent ~t m Bonow~ of ~e mortgage insurer previously in eff~t, from ~ il~a~ mo~age ~s~ appmv~ by ~n~. subsmnfiflly ~uivflent moagage insu~n~ ~v~ge is no~ avai~ble, B~wer shill pay m ~nfl~ ~eh mon~ a sum on~twelf~ of ~e y~ly mor~a~ ~su~ee p~ium ~g paid by Bo~w~ wh~ ~e ~su~ce ~vemge lap~ be in eff~c Lend~ will a~epl, ~ ~d r~in ~ paym~ ~ a 1o~ r~e in 5eu of moagage ins~. 65I · paymenks may no longer be required, at the option of Lender, if mortgage insurance coverage (in the mnount and for the period that Lender i'equires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay thc pre~iums required 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 law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for fan.gas, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lien of condemnation, ar* hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied ~ the sams secured by Ibis Security Instrument, whether or not then flue, with any excess paid to Borrower, In the event of a partial taking of the Property 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 se~cured 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 partial taking of the Property in which the fak market value of the Property immediately before the 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 w)ether or not the sams are then due. If the Property is abandoned by BnrtoWcr,'or if. after notice by Lender to Borrower that the condemnur offers to make an award or setde a claim for damages, Borrower falls to respond to Lender within 30 days after the dam the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to thc sums secured by this $~urhy Insm~ment. whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. I 1. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modificaOon of amortir, alion of the sums secured by this Security Inslrumcnt granted by Lender to any successor in interest of Borrower shall not operate to release thc liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to comme~ce proceedings against any suece&sor in interest or refuse to extend time for payment or otherwise modify amortization of thc sums secured by this Security Instrument by reason of any demand made by thc original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude thc exercise of any right or remedy. 12. tucce&.................~)rs and Asslgns Bound; Joint and Several Liability; Ce-signers. The covenanls and agreements et' this Security Instalment shall bind and benelit thc successors and assigns of Lender and Borrower, subject to the provisions o£ paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Insu'ument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security InsOument; ('o) is not personally obligated to pay tho sams ~ecured by this Security Instrument; and (c) agrees 0mt Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security InsUament or the Note without that Borrower's consent. 13. Loan Charges. If tho loan secured by [his Security Instrument is subject to a law which sets maxflnum loan charges, and that law ia finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permiued limit.q, then: (a) any such loan chm'ge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower, If a refund reduces principal, the reduction will be treated as a partial 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 Fwst class mail unless applicable law requkes 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 Fo'st class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph, 15. Governing Law; teverability. This Security Instrument shall be governed by federal law and tho law of the jurisdiction in which the Property is located. In the event that any prevision or clause of this Security Instrument or thi'Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable, ~'6'/1151 P~CE 652 16. Borrower'sCopy. Bor~;ower shall be given one conformed copy of the Note and of this Security lnstcumen'~- .17, Transfer of the Property or a Beneficial Interest in Borrower. If cji or any part of the Property or any interest in it is sold or ~ansferred (or if a beneficial interest in Borrower is said or ~'ansferrcd and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate pa)'ment in full of ali sums secured by this Securi~/ InstrumenL However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the dam of this Security [n$~umenL IL' Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less titan 30 days from the dale the notice is deINc~'ed or mailed within which Bah'ewer must pay all sums secured by this Security inslxament. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permiued by this Security Instrument without further notice or demand on I~orrower. 18 Borrower's Right to Rein.state. If Borrower mee~ 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 (o~' suoh other period as applicable law may specify for reiasmtement) before sale of the Property pursuant to any power of sale coni'ained in this Security Ir.~u'ument~ or (b) enu'y of a judgment enforcing this Security InsU'ument. Those conditions are that Borrower:. (a) pays Lender al/ sums which then would be due under this Security Insteument and the Not~ as if no acceleration had occurred; Co) cures any default of any other covenants or agreements (c) pays ali expenses incuffcd in enforcing this Security Iosffumant, including, b.ut not limited to, rensonable attome)'s' fees; and (d) takes such action as Lender ma)' reasonably requite to a,~ure that the ! an of th~s Security Insizument, Lender's rigbts in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shatl continue unchanged. Upon reinstatement h)' Borrower, this Security InsU'umcnt and the. obligations secu~d hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the casa of acceleration under parag~'aph 17. 19. Sale of Note; Change of Loan Se~'vicer. The Note or a pattlal interest in the Nato (together with this Security Instrument) may be sold one or more timca without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servlcer~') that ¢ollec~ monthly paymant.~ duc under tile Note and this Security [ns~xumcnt. There also may be one or more cl~anges of thc Loan Servicer unreinted to a sale of the Nom. If there is a change of thc Loan Servicer, Borrower wiU be given written notice of the change in accordance with patagzaph i4 above and applicable law. Thc notice will slate the name and address of the new Loan Servicer and .thc address to which payments should be made. The notice wiU a/so canon any other information requited by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presenca, use, disposal, storage, or release of any Hazardous Substances on or in thc Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Propecty that is in violation of any Environmental Law. The preceding two sentences shat! not apply to the p~sence, use, or s?age, on the Property of small quantifies of Hazardous Substances that are genesaily recogmzed to be approprmte to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notine of any investigation, claim, demand, lawsuit or other action by any governman~ or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower Ic~u'ns, or is notfied by any.governm~mal o~ rcgulatory authority, that any removal or other rcmedistion of any Hazardous Substance affeacing the Property ,.s necessary, Borrower shall ptompLiy take all neceasary remedial actions in accordance with Environmental Law. As used in this paragraph 20. "Hazardous Substancea" are those substances defined as toxic or hazardous substanena by Environmental Law and tile following subs~ancea: gasoline, kerosene, other flammable or toxic petroleum producls, toxic pesticides and herbicides, volatile solvanta, materials containing esbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Envitonmental Law" means federal laws and laws of thc jutiediction where the Property is located that relate lo healbh, sa/'ety or environmental protection. NON.UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prtor to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unle~ applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) tlie default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acee)erafion of 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 crier acceleration and the right Ia assert in the foreclosure proceeding the non.existence of a default or any other defense of Borrower to acceleration and foreclosure. 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 without 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 costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of nil sums secured by this Security Insu~mant, dlls Security Instrument and thc estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Insffurnent without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permiued by applicable law, waives and releases any error or dcfecta in proceedings to enforce this Security ~nsu'ument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. ~0~Kl151 ~A~ 653 [Check .pplic~ble box(es)] [] Adjustable Rste Rider ] Graduated Payment R/der [] Balloon Rider [] V.A. Rider [] Condomiidum Rider [] PlRnned Unk Develol~ent Rider ] Rate hnprovmnent Rider ~1., Olher(s) [specify] [] 1-4 F~unily Rider [] SiweekJy Payment Rider [] Secotid Home Rider BY SIGNING BELOW. Borrower accepts and agrees to the tann~ and coven~ts contained in this Seasrlty Insmunent and in any rider(s) executed by Borrower and recorded with it. Witnesses: c.4eoL'x:je ~-]YerFee, Jr ~ -Borrower Ortho -Borrower Certificate of Residence I, She:Lla M. Eshlemau ,dohorebycertifythattfmcon'ectnddressof thewitl~n-munedMortgageois ~.262 Carlisle P:tke, Camp frill, PA 1701! Witness my Imnd this 9t:h day of July , 1993 COMMONWEALTH OF PENNSYLVANIA, ~C.-'~t/_~--6L-Q~~ County ss: On thls, the ~ ~ day of a--..~:.~.-~.~ , / ~:~'~' ,beforeme, the, undersigned IN WITNESS WHEREOF, ! hereunto set my hand and offioial seal. My Comlidsslon Expirea: 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 Maroh 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; thenc= by said lands of Eckert South 86 degrees'East 80 feet to a nail ~n 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. PREHISES VERIFICATION KRISTINE WILSON 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. SHERIFF'S RETURN CASE NO: 2001-06591 P COMMONWEALTH OF PEN-NSYLVDJqIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS FERREE GEORGE B JR ET AL - REGULAR 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 7 OAK AVENUE ENOLA, PA 17025 SUSAN FERREE, WIFE at 2044:00 HOURS, on the 3rd day of December , 2001 a true and attested copy of COMPLAINT - by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 6.50 Affidavit .00 Surcharge 10.00 .00 34.50 Sworn and Subscribed to before me this /3~ day of ~ ~/ A.D. t iProthonotary ~ So Answers: R. Thomas Kline 2/06/2001 FEDERMAN & PHELAN - Deputy Sherzff -/ SHERIFF'S RETURN - CASE NO: 2001-06591 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS FERREE GEORGE B JR ET AL REGULAR DAVID MCKINNEy Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon FERREE SUSAN L the law, DEFENDANT at 7 OAK AVENUE at 2044:00 HOURS, on the 3rd day of December , 2001 ENOLA, PA 17025 SUSAN FERREE a true and attested copy of COMPLAINT by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: So Answers: Docketing 6.00 Se rvice .00 _~~.~.~ Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 12/06/2001 FEDERMAN & PHELAN Sworn and Subscribed to before me this /3~ day of ~ ~! A.D. P~othonotary ' By: Deputy Sheriff FEDERMAN AND PHELAN 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 150 HORSHAM, PA 19044 Plaintiff, GEORGE B. FERREE, JR. SUSAN L. FERREE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6591 CIVIL TERM 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 Plaintiffs 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 (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 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 Plaintiff, GEORGE B. FERREE, JR. SUSAN L. FERREE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6591 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on /, l 204. By: If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.* * FEDEPdVhAND2~D PHELA_N, 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. : NO. 01-6591-CIVIL SUSD~N L. FERREE Defendant (s) TO: SUSAN L. FERREE 70A.~AXr~IWu-~ ENOLA, PA 17025 DATE OF NOTICE: DECE~4BER 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 Frank Federman, Esquire Attorney for Plaintiff 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. : NO. 01-6591-CIVIL SUSAN L. FERREE Defendant (s) TO: GEORGE B. FERREE, JR. 70AKAVENUE ENOLA, PA 17025 DATE OF NOTICE: DECEI~BER 26, 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN A~N 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. MP RT NO CE 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 (7 l 7) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN 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. 01-6591 CIVIL TERM VERIFICATION OF NON-MI!.ITARY 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, V. GEORGE B. FERREE, JR. SUSAN L. FERREE Defendant(s). No. 01-6591 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest fi.om 1/17/02 to 06/05/02 (per diem - 19.11 ) TOTAL $116,269.77 $2,675.40 and Costs $118,945.17 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. ~en~yl~a, bounded ~d described pursuant to a survey by Ernest ~. Wal~er, ~egiscered ~rofessional Engineer, dated March 27, 1973, as follows: ' BEGINNING at an iron pin on the Northwardly line of a 33 foot tight-of-way known said iron pin being 264 feet East of the center line of Millers Gap Road (Route 594) as Oak Avenue, the Northwardly line of said 33 foot tight-of-way; thence by lands now or formerly of Charles and Lois measured along Fertenbangh North 04 degrees East 175 feet to an iron pin on line of lands now or formerly Eckert; thence by said lands of Eckert South 86 degrees East 80 feet to a nail in a Locust tree of Lester of lands now or formerly of Donald and Evelyn Shope; thence by said lands of Shope South 04 degrees at corner 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 Grantee herein, their heirs and assigns, over the wide right-of-way known as Oak Avenue in common with other owners said 33 foot way for the purposes of ingress, egress and regress to the said Millers Gap Road (Route 594). of lots abutting on said right-of- Map #13-0985 GMAC MORTGAGE CORPORATION Plaintiff, GEORGE B. FERREE, JR. SUSAN L. FERREE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6591 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 :7 OAK AVENUE~ ENOLA~ PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Nalne GEORGE B. FERREE, JR. SUSAN L. FERREE Last Known Address (if address cannot be reasonably ascertained, please indicate) 7 OAK AVENUE ENOLA, PA 17025 7 OAK AVENUE ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: GEORGE B. FERREE, JR. 7 OAK AVENUE ENOLA, PA 17025 SUSAN L. FERREE 7 OAK AVENUE ENOLA, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name FULTON BANK COLLIE RESCUE OF CENTRAL PA, INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 1695 STATE STREET P.O. BOX 408 EAST PETERSBURG, PA 17025 263 TEXACO ROAD MECHANICSBURG, PA 17055 4. Name and address of last recorded holder of every mortgage of record: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address 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. Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 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) 7 OAK AVENUE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harr/sburg, PA 17105 I ver/fy 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 unswom falsification to author/ties. January 16 2_,_~9~002 DATE ~RAN~ FEDE~UiRE Attorney for Plaintiff FEDERMAN and PHELAN 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, GEORGE B. FERREE, JR. SUSAN L. FERREE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-6591 CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 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, ESQUI1LE 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. 01-6591 CIVIL TER2~I January 16, 2002 SUSAN L. FERREE 7 OAK AVENUE ENOLA, PA 17025 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WIL£ BE USED FOR THAT PURPOSE. IF YOU HAVE 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 Sheriff's Sale on JUNE 6~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 170 l 3, 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 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 judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the 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 Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be en, 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 Sheriffwithin 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 D ES C RIFI~O .~' ALL THAT CERTAIN tract of land situate in Silver Spring ?o, wtn. s. hip. Cumberland Count,,,, Pennsylvania, bounded and described pursuant to a survey by Ernest a. wa~cer. 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 Eckerr; 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 formerIy 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 de.~rees 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 Avenue 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). blap #13-0985 PLAINT~IFF DEFENDANT(S) AFFIDAVIT OF SERVICE GMAC MORTGAGE CORPORATION GEORGE B. FERREE, JR. SUSAN L. FERREE CUMBERLAND COLrNTY No. 01-6591 CIVIL TERM 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 (~e~o6.~,t.. ~, ~e~,~., '3~,Defendant, onthe of Pennsylvania, in the manner described below: day of ~'~,o,*, 'l' 200__e~ , Commonwealth Defendant personally served. - ~r-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 relat~onsUmp. __ 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: ,1_ Description: Age tT~O Height O~ Weight /OO Race Nb. Sex I- Other I C ]=¥ e 1~¢ ~- ~' G~.&'~e '3~,~a competent adult, being duly sworn accordin~ t~ law, ~epose and.state, that I per.son,ally ha~.dad ~ true'and correct copy of the N~tice of ShefiWs Sale in the manner as set forth hereto, ~ssued m the capUonea case on me nate ana.at the address indicated above. [ ~ ~ Sworn to and subscribed ] ~ T~., Fratl~ C~unty I before me this r~6P'day I ~Jy~l~l~[~lg, 2(~ I PLEJ~E ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE II.~ES & TIMES OF SERVICE ATTEM NOT SERVED On the day of ,200._, at __ __ Moved __ Unknown__ No Answer o'clock __.m., Defendant NOT FOUND because: Vacant Other: Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ~LAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE GMAC MORTGAGE CORPORATION GEORGE B. FERREE, JR. SUSAN L. FERREE CUMBERLAND COUNTY No. 01-6591 CIVIL TERM ACCT. #3063?9053 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 and made known to ~'~U $ ~ N ~' at /~/'tt~,o'clock-~.m.,at 7 0~3 ~ of Pennsylvania, in the manner described below: SERVED F~ IL~,. *-- ~- , Defendant, on the day of '~'~'a'~l, 200-.-,~' , Commonwealth ~/( 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: , a Weight/?_o F Other Description: Age ~ Height g~"~ Race Sex I, C)~(t'~¢~- J~' GK'J~'t 7~mpetentadu~t~beingdu~sw~rnac~rdingt~aw~dep~seandstatefuatIpers~na~handed - ' ssued in the captioned case on the date and at the address indicated above. Swo=toandsubsc? before me this e~6 '~ day Notary:~t~OJfl~ "f~. ~)Jlz~oo~ ~ ~ (~ ~ ' PLEAS~ ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATE~ MES OF SERVICE ATTEMPED. NOT SERVED On the day of Moved __ Unknown__ ,200__, at No Answer o'clock __.fa., Defendant NOT FOUND because: Vacant Other: Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. 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 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 Fedetman. Sheriffs Costs: Docketing 30.00 Surcharge 30.00 Posting Handbills Law Library .50 Prothonotary 1.00 Share of Bills Mileage 6.90 Levy 15.00 Out of County Dauphin County Advertising Certified Mail Poundage 1.67. Law Journal Patriot News $85.07 paid by attorney 4-04-02 Sworn and subscribed to before me This Jo ~ day of 2002, A.D. ~--~,~..._ ! Prothonotary So Answers: R. Thomas Kline, Sl~eriff Real Estate Deputy GM.AC MORTGAGE CORPORATION Plaintiff, V. GEORGE B. FERREE, JR. SUSAN L. FERREE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6591 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 .7 OAK AVENUE~ ENOLA~ PA 17025,: 1. Name and address of Owner(s) or reputed Owner(s): Last Known Address (if address cannot be Name 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: GEORGE B. FERREE, JR. 7 OAK AVENUE ENOLA, PA 17025 SUSAN L. FERREE 7 OAK AVENUE ENOLA, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name FULTON BANK Last Known Address (if address cannot be reasonably ascertained, please indicate) 1695 STATE STREET P.O. BOX 408 EAST PETERSBURG, PA 17025 COLLIE RESCUE OF CENTRAL PA, INC. 263 TEXACO ROAD MECHANICSBURG, PA 17055 4. Name and a~ldress 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: Last Known Address (if address cannot be Name 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 plaintiffhas 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, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department o f Wel fare 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 unswom falsification to authorities. j u__u_u_u 20o FRANK FEDERMAI~I,~SQUIR~ DATE Attorney for Plaintiff GMAC, MORTGAGE CORPORATION Plaintiff, GEORGE B. FERREE, JR. SUSAN L. FERREE Defendant(s). CUMBERLAND COUNTY No. 01-6591 CIVIL TERM 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 THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTE ** 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 Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: ~ You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the jud~nent was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.. 1. If the 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 Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be en~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 Sheriffwithin 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 DESCRIPTIO ~N' 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, dared 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 (R,~ute 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. 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 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 WRIT OF EXECUTION and/or 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 (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/are 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 DueS116,269.77 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 Atty'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 John F. Kennedy Boulevard, Suite 1400 philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 12248 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, PA, 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 Real Estate Deputy 2:47 P.M. .~ppe;I Docket Sheet Docket Number: Page '1 of 2 May 3, 2004 Superior Court of Pennsylvania Nationwide Mutual Insurance Company V. Gloria My Le, Appellant Case Status: Active Case Processing Status: May 3, 2004 Awaiting Original Record Journal Number: Case Category: Civit CaseType: Related Docket Nos.: Arbitration Consolidated Docket Nos.: Next Event Type: Docketing Statement Received Next Event Type: Original Record Received SCHEDULED EVENT Next Event Due Date: May 17, 2004 Next Event Due Appellant Pro Se: IFP Status: COUNSEL INFORMATION Le, Gloria My Appoint Counsel Status: No Appellant Attorney Information: Attorney: Knauer, David W. Bar No.: 21582 Address: 411-A E Main Street Mechanicsburg, PA 17055 Phone No.: (717)795-7790 Fax No.: (717)795-7793. Receive Mail: Yes E-Mail Address: Receive E-Mail: No Law Firm: Knauer & Associates, L.S.C. Appellee Pro Se: IFP Status: Nationwide Mutual insurance Company Appoint Counsel Status: Appellee Attorney Information: Attorney: Rickards, Girard Edward Bar No.: 58867 Law Firm: Jacobs & Associates Address: 214 Senate Ave Ste 503 Camp Hill, PA 17011 Phone No.: (717)731-0988 Fax No.: (717)731-0907 Receive Mail: Yes E-Mail Address: Receive E-Mail: No 5/3/2004 3023 2:47 P.M. Appeal Docket Sheet Docket Number: 702 MDA 2004 Parle 2 of 2 Superior Court of Pennsylvania Fee Name ~-ee Ami Am -- ,A eal 6000 2004sPR TRIAL cOURT/AGENCY INFORMATION Court Below: County: Cumberland Date of Order Appealed From: Date Documents Received: Order Type: Order Entered Cumberland County Court of Common Pleas April 2, 2004 May 3, 2004 Judge: Hoffer, George E. President Judge Division: Civil Judicial District: 9 Date Notice of A~ppeal Filed: April 30, 2004 OTN: Lower Court Docket No.: 03-6591 Original Record Item ORIGINAL RECORD CONTENTS Filed Date Content/Description Date of Remand of Record: BRIEFS Filed Date May 3, 2004 May 3, 2004 Docket Entry/Document Name DOCKET ENTRIES Party Type__ Notice of Appeal Filed Docketing Statement Exited (Civil) Appellant Filed By Le, Gloria My Middle District Filing Office 513/2004 3023