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HomeMy WebLinkAbout02-3658FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA. 19044 Plaintiff GEORGE B. FERREE, JR. SUSAN L. FERREE 7 OAK AVENUE ENOLA, PA. 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against thc claims set forth in thc following pages, you must take action within twenty (20) days after this Complaint and Notice arc 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 V~ITHIN 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. 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, NA 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 7/21/93 the mortgage was assigned to PNC BANK KENTUCKY, INC. which Assignment is recorded in Assignment of Mortgage Book No. 449, Page 529. By Assignment of Mortgage recorded 5/24/96 the mortgage was assigned to CAPSTEAD, INC. which Assignment is recorded in Assignment of Mortgage Book No. 520, Page 921. By Assignment of Mortgage recorded 5/25/95 the mortgage was assigned to WEYERHAUSER MORTGAGE COMPANY which Assignment is recorded in Assignment of Mortgage Book No. 525, Page 95. 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 4/1/02 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 3/1/02 through 7/1/02 (Per Diem $22.81) Attorney's Fees Cumulative Late Charges 7/9/93 to 7/1/02 Cost of Suit and Title Search Subtotal $118,932.42 2,805.63 1,225.00 133.47 550.00 $123,646.52 Escrow Credit 1,022.69 Deficit 0.00 Subtotal ($1,022.69) TOTAL $122,623.83 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 Sherift's 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 $122,623.83, together with interest from 7/1/02 at the rate of $22.81 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FE.~ERMAN AND PHELAN, LL~P FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Illllllilllil~ MTGI MORTGAGE ORIGINAL THIS MbRTGAGE ("Security Instrument") is Riven on July 9, 1993 · The mortgagor is HUNDRED NINETEEN THOUSAND FOUR HL~TDRED FIFTY AND no/lO0 Dollm'~ (U.S. $ 119,450.00 ), · ' TOOETI~ER WITH all ~¢ improvemenls now or hereafmr ei-ected on thc property, and all e~e~nen~, appane~ance~, and fix .rares no~ or here. after a pan of the propen'y. All mglacement~ and additions shall also be covered by this Security Insmunent. All of the fo~egolng is tefe~ed m in this Security lnsmaneat ~ the "Property." BORROWER COVENANTS tha~ nonuwe~ is lawfully seisad of the estale hereby conveyed and has the right ~o mortgage. g~ant and co.v~-y the I~ and that thc I~y is unencumbered, except fo~ encumbrances of reamed, gonower wan'an~ and will defend generally the lille to the Property againsI all claims and demmd~, subject ~o my encumbrances of record. ~'~1151 ~CE BSO ~115! ~cE 65I [Check ~l~olle~ble box(m)] fidm(s) exec~d by ~or~owor ~d recorded wi~h R. (s~ (s~ 9~h d~¥ of July , 1993 COMMONWEALTH OF PENNSYLVANIA, ~~Fl/-~~ Cou~ ~: ~on ~ wh~o ~o~ ~ m~n%~ to me wltlfin ~tm~ ~ a~w~g~ ~t ~ ~ My Cemmi~ion Expire~: ALL THAT CE~AIN tract of land situate in Silver Spring To~nshlp, BEGINNING'at an iron pin on the Northwardly line of a 33 £oot right-. center Line of MilLers Gap Road (Route 594) measured along the Northwardly line of said 33 Zoot righ=--of--~&y~ thenoe by land~ now · '~-- ' , 19~.~, and the said Robert W~"'Karne, Jr. joins PREMISES ON: 7 OAK AVENUE 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 ~a'ue 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 tmswom falsification to authorities. SHERIFF'S RETURN - CASE NO: 2002-03658 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS FERREE GEORGE B JR REGULAR BRIAN BARRICK , 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 at 2020:00 HOURS, on the 22nd day of August , 2002 RANDI FERREE, DAUGHTER 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 13.80 Affidavit .00 Surcharge 10.00 .00 41.80 Sworn and Subscribed to before me this ~ day of ~,~ · ~.~ A.D. P'r~thonotary So Answers: R. Thomas Kline 08/26/2002 FEDERMAN & PHELAN . By: ~eputy Sheriff SHERIFF'S RETURN - CASE NO: 2002-03658 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPOP~ATION VS FERREE GEORGE B JR REGULAR BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon FERREE SUSAN L the law, DEFENDANT , at 2020:00 HOURS, at 7 OAK AVENUE ENOLA, PA 17025 RANDI FERREE, DAUGHTER a true and attested copy of COMPLAINT - on the 22nd day of August , 2002 by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of .~_~.~ ~2~ A.D. ' ' Pro%honot arg So Answers: R. Thomas Kline 08/26/2002 ~ EEDERMAN & PHELAN Deputy Sheriff 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 (215l 563-7000 CMAC 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. 02-3658 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 Plaintiffs damages as follows: As set forth in Complaint Interest from 7/2/02 to 9/24/02 TOTAL $122,623.83 $ 1,938.85 $124,562.68 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. IFRANK FEI~EIS, MA-N, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS iNDICATED. DATE: ~-~ C/l ~ZOO-~,~- PRO PROTHY FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 GMAC MORTGAGE CORPOP,.ATION Attorney for Plaintiff : COURT OF COMMON PLEAS Plaintiff - CIVIL DIVISION VS. : CUMBERLAND COUNTY GEORGE B. FERREE, JR SUS~/~ L. FERREE : NO. 02-3658 Defendant(s) TO: GEORGE B. FERREE, JR 70AKAVENUE ENOLA, PA 17025 DATE OF NOTICE: SEPTEMBER 12, 2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN ~/q 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 law%/er at once. If you do not have a law];er 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 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CMAC 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. 02-3658 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 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 unsworn falsification to authorities. RANK FI~DERMAN, ESQ-U[RE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CMAC MORTGAGE CORPORATION Plaintiff, GEORGE B. FERREE, JR. SUSAN L. FERREE Defendant(s). No. 02-3658 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 9/25/02 to 3/5/03 (per diem -$20.48) TOTAL $124,562.68 $ 3,317.76 and Costs $127,880.44 1~ E]~ERMA~i ESQUI~d~ One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Perm.sylvania, bounded and described pursuant to a survey by Ernest L Walker, Registered Professional Engineer, dated March 27, 1973, as follows: BEGINNING at an iron pin on the Northwardly line of a 33 foot right-of-way known az 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 tbot right-of-way; thence by lands now or formerly of Charles and Lois Fertenbaugh North 04 degrees East 175 feet to aa iron pin on line of lands now or formerly of Lester Er. kerr; thence by said l',mds of Eckert South 86 degrees East 80 feet to a nail in a Locust tree at comer of lands now or formerly of Donald and Evelyn Shope; thence by said lands of Shope South 04 degrees West 175 feet to an iron pin on the Northwardly line of the said 33 foot wide right-of-way; thence by the Northwardly line of said 33 foot wide right-of-way known as Oak Avenue North 86 degrees West 80 tibet to an iron pin, the place of Beginning. UONTAINING 0.32 acres. TOGETHER with a right-of-way to the Gnnmtee 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 Millcrs Gap Road (Route 594). Map #13-0985 BEING: 7 OAK AVENUE, ENOLA, PA 17025 TITLE TO SAID PREMISES IS VESTED IN George B. Ferree Jr. and Susan L. Ferree, husband and wife by Deed from Robert W. Kams, Yr. and Cleone P. Karns (formerly Cleone P. Provenza), husband and wife dated 3/28/85 and recorded 3/29/85 in Record Book 31 E page 217. FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CMAC MORTGAGE CORPORATION Plaintiff, GEORGE B. FERREE, JR. SUSAN L. FERREE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 02-3658 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: 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. ~RANK FE[D E-RI~I~.N, 'E S Q~U~IRI~ Attorney for Plaintiff CMAC MORTGAGE CORPORATION Plaintiff, GEORGE B. FERREE, JR. SUSAN L. FERREE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-3658 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~7 OAK AVENUE~ ENOLA~ PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GEORGE B. FERREE, JR. SUSAN L. FERREE 7 OAK AVENUE ENOLA, PA 17025 7 OAK AVENUE ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgrnent is a record lien on the real property to be sold: Name FULTON BANK COLLIE RESCUE OF CENTRALPA, INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 1695 STATE STREET, P.O. BOX 408 EAST PETERSBURG, PA 17520 263 TEXACO ROAD MECHANICSBURG, PA 17055-2629 4. Name and address of last recorded holder of every mortgage of record: Satne 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. maine None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Nalne Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 7 OAK AVENUE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are 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. September 19, 2002 DATE ~FRANK FE~ERMXl~j E~(~U1RE Attorney for Plaintiff CMAC 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. 02-3658 September 19, 2002 SUSAN L. FERREE 7 OAK AVENUE ENOLA, PA 17025 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OB TAINED 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 PROPERTY. ** Your house (real estate) at ~ 7 OAK AVENUE~ ENOLA~ PA 17025~ is scheduled to be sold at the Sheriff's Sale on MARCH 5~ 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $124,562.68 obtained by CMAC 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. l. If the Sherifl?s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the 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 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 ALL THAT CERTAIN tract of land sima:e in Silver Spring Township, Cumberland County, Penn.sylv;mia, bounded and described pursuant to a survey by Emes: .L Walker, Register~ Professional Engineer, dared N~¢h 2?', 19'73, a.q ['ollows: BEGINNING at au iron pin on the Northwardly line of a 32 foot right-of-way known a.s 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: lhence by lands now or formerly of Charles and Lois Fertenbaugh North 04 degrees East 175 feet to an ia'on pin on line of la.ads 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 lan~ now or formerly of Dormld and Evelyn Shope; thence by said lands of Shope South 04 degrees W~at 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. EONTAINING 0.32 a~es. TOGETt-IER with a right-of-way to the Grantee herein, their t~eirs and assigns, over the said 33 foot wide right-of-way known as Oak Avenue in common wir~ otl~er owners of lots abutting on said right-of- way for the purposes of ingress, egress and re~ess to tl~e said Millers Gap Road (Route 594). Map #13-0985 BEING: 7 OAK AVENUE, ENOLA, PA 17025 TITLE TO SAID PREMISES IS VESTED IN George B. Ferree Jr. and Susan L. Ferree, husband and wife by D~ed from Robexx W. Kams, Ir. and Cleone P. Karns (formerly Cleone P. ProvenTa), husband 'and wife dated 3/28/§$ and recorded 3/29/85 in Record Book 31 E page 217. FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 ATTORNEY FOR PLAINTIFF (215) 563-7000 - GMAC MORTGAGE CORPORATION Plaintiff VS. GEORGE B. FERREE, JR. SUSAN L. FERREE Defendant(s) : Cumberland County : · Court of Common Pleas : · CIVIL DIVISION · NO. 02-3658 .. PRAECIPI:: TO VACATE JUDGMENT WITHOUT pREJUDICE TO THE PROTHONOTARY: Kindly vacate the Judgment which was entered on 9/24/02 against GEORGE B. FERREE, JR. and SUSAN L. FERREE, Defendants, in the amount of $124,562.68 relative to the instant matter and mark this case discontinued and ended, without prejudice, upon payment of your costs only. F'~NK FEDERMAN, ESQUIRE Attorney for Plaintiff Dated: January 9, 2003