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FEDERMAN AND PHELAN, LLP
By: FRANKFEDERMAN,ESQUIRE
IDENTIFICATION NO. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHNF. KENNEDY BOULEVARD
SUITE 1400
PHILADELPHIA, PA 19103-1814
(71 'i) 'ifi1.7000
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DMSION
GMAC MORTGAGE CORPORATION
401 MILE OF CARS WAY,
NATIONAL CITY, CA 91950
TERM
Plaintiff
v.
NO. 01- L(IA
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CUMBERLAND COUNTY
JUDITH A. PRESCOTT
JAMES H. PRESCOTT
670 LAUREL DRIVE,
BOILING SPRINGS, P A 17007
Defendant(s)
CTVIl, ACTION - T,A W
COMPT ,ATNT TN MORTr.Ar.E FOREn ,OSTJRE
NOTICE
"TillS 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 TillS DEBT WAS NOT REAFFIRMED, TillS
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 setforth 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 TillS 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 LffiERTY AVENUE
CARLISLE,PA 17013
(717) 249-3166
Loan #; 306766150
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1. Plaintiff is:
GMAC MORTGAGE CORPORATION
401 MILE OF CARS WAY,
NATIONAL CITY, CA 91950
2. The name(s) and last known addressees) of the Defendant(s) are:
JUDITH A. PRESCOTT
JAMES H. PRESCOTT
670 LAUREL DRIVE,
BOILING SPRINGS, P A 17007
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 9/24/99 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage
is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book
No. 1573, Page 264. By Assignment of Mortgage Recorded 4/10/00 the mortgage was
assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book
No. 641, Page 1106.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 7/1/00 and each month thereafter are due and unpaid, and by the terms of
said mortgage, upon default in such payments for a period of one month, the entire
principal balance and all interest due thereon are collectible forthwith.
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6. The following amounts are due on the mortgage:
Principal Balance
Interest
6/1/00 through 1/1/01
(per Diem $29.39)
Attorney's Fees
Cumulative Late Charges
9/24/99 to 1/1/01
Cost of Suit and Title Search
Subtotal
$120,862.13
6,318.85
4,000.00
420.17
5.1fi.illl
$132,151.15
Escrow
Credit
Deficit
Subtotal
0.00
.i8.8.31
$ ~RR 17
TOTAL
$132,739.52
7. The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third party purchaser at
Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees
will be charged.
8. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.00.
WHEREFORE, PLAINTIFF demands an in = Judgment against the Defendant(s) in the sum of
$132,739.52, together with interest from 1/1/01 at the rate of $29.39 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.
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FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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ALL THAT CERTAIN lot Orlmct of ground situate in Monroe Township. Cumberland County. Pennsylvania.
and more particularly bounded and described as follows by a survey of Rodney l.ee Decker and Associates.
Registered Surveyor. dated March 9, 1979.
BEGINNING at a point on the western line of the cul-de-sac situated at the northwestern terminus of l.aurel
Drive, and at the dividing line between l.ots Nos. 373 and 374 as shown on said plan; thence by the dividing
line between l.ots Nos. 373 and 374 as shown on said Plan South 36 degrees 10 minutes Wes! 294.91 feet
to a point; then.ce by other property now or fOnTIerty of Penn Products Corporation North 77 degrees 44
minutes West 175.23 feet to a point; thence contlfluing by other property now or formerly of Penn Products
Corporation North 04 degrees 00 minutes West 285.00 feet to a point; thence by the dividing line between
Lots Nos. 373 and 374 as shown on said Plan South 82 degrees 55 minutes East 343.07 feet to a point on
the western nne of said cul-de-sac; thence by the western line of said cul-de-sac by a CUNe 10 the left having
a radius of 50.0 feet to an arc length of 50.00 feet and a chord a length of 47.94 feet on a chord bearing of
South 30 degrees 59 minutes East 10 a point, the place of BEGINNING.
CONTAINING 1.859 acres.
BEING Lot No. 373 as shown on lhe Plan of Lots of Section "H" of White Rock Acres daled September 6.
1973 and recorded in Cumberland County Plan Book 25, Page 37.
UNDER AND SUBJECT to easements and restrictions of prior recoid.
BEING the same premises which Seymour Kover and Judith A. Kover, husband and wife. by Deed dated
November 18,1993 and recorded November 19,19931'1 the Office of the Recorder of Deeds in and for
Cumberland County in Record Book Q-36, Page 722. granted and conveyed unto Gary L Gross and Ruth
M. Gross, Grantors herein.
IlOO~ 208 FAGC 646
PREMISES ON: 670 LAUREL DRIVE, BOILING SPRINGS, PA 17007
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VERIFlC A nON
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SHIRLEY J. EADS hereby states that she is FORECLOSCRE SPECIALIST ofGIvlAC
MORTGAGE CORPORA nON mortgage servicing agent for Plaintiff in this matter. that she is
authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage
Foreclosure are true and correct to the 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 unsworn
falsification to authorities.
DATE:
1/1 ? /6/
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CUMBERLAND COUNTY
PEN."lSYLVANIA
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SHERIFF'S RETURN - REGULAR
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CASE NO: 2001-00469 P
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC MORTGAGE CORP
VS
PRESCOTT JUDITH A ET AL
DOUGLAS DONS EN
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
PRESCOTT JUDITH A
the
DEFENDANT
, at 0009:10 HOURS, on the 30th day of January ,2001
at 670 LAUREL DRIVE
BOILING SPRINGS, PA 17007
by handing to
JAMES PRESCOTT (HUSBAND)
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
4.96
.00
10.00
.00
32.96
So An.swe.. rs: '. ~
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R. Thomas Kline
01/31/2001
FEDERMAN & PHELAN
Sworn and Subscribed to before
By:
(J~~ff
me this ,/~ day of
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SHERIFF'S RETURN - REGULAR
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CABEINO: 2001-00469 P
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Cq*MqNWEALTH OF PENNSYLVANIA:
COlJlN'I!Y OF CUMBERLAND
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G~CIMORTGAGE CORP
VS
PRESQOTT JUDITH A ET AL
,
DotjmlAS DONS EN
, Sheriff or Deputy Sheriff of
CU~erland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
PRBsdoTT JAMES H
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DEf)Eli\PJANT , at 0009:10 HOURS, on the 30th day of January
at i67b LAUREL DRIVE
BOi~'LIikG SPRINGS, PA 17007
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JAr-lEsl PRESCOTT
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a 0ru~ and attested copy of COMPLAINT - MORT FORE
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the
2001
by handing to
together with
NO']1ICj;:
and a~ the same time directing His attention to the contents thereof.
Sheriff's Costs:
Dock~ting
service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
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R. Thomas Kline
01/31/2001
FEDERMAN &
Sworn and Subscribed to before
By:
PHELAN
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Deputy S erl
me this .2~
day of
1-4WA''f 0200 I A.D.
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FEDERMAN AND PHELAN
By: FRANK FEDERMAN
Identification No. 12248
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
GMAC MORTGAGE CORPORATION
4001 MILE OF CARS WAY
NATIONAL CITY, CA 91950
Attorney for Plaintiff
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
Plaintiff
: CIVIL DIVISION
VS.
: NO. 01-469
JUDITH A. PRESCOTT
JAMES H. PRESCOTT
670 LAUREL DRIVE
BOILING SPRINGS, PA 17007
Defendant(s)
PRAECIPE FOR JUDGMENT FOR FAJ[LURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment, in rem, in favor of the Plaintiff and against JUDITH A.
PRESCOTT and JAMES H. PRESCOTT, Defendant(s), for failure to file an Answer to
Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the
mortgaged premises, and assess Plaintiff's damages as follows:
As set forth in Complaint
Interest 1/1/01 to 3/6/01
$132,739.52
$1.910.35
TOTAL
$134,649.74
I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above,
and (2) notice has been given in accordance with Rule 237.1, copy attached.
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FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED. II ,. " i
DATE' 3- 1 Dl {!~ K ~
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"THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIllS DEBT WAS
NOT REAFFIRMED. TIllS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONsmUED TO BE AN ATIEMPTTO COLLECT
A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. "
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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
JUDITH A. PRESCOTT
JAMES H. PRESCOTT
NO. 01-469
Defendant(s)
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DATE ::1:0::::: I:E:R:::: ::~L:::~R ATTEMPTING TO COLL~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.
TO:
JUDITH A. PRESCOTT
670 LAUREL PRIVE
BOILING SPRINGS, PA
17007
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, P A 17013
(717) 249-3166
Frank Federman, Esquire
Attorney for Plaintiff
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FEDERMAN AND PHELAN
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
JUDITH A. PRESCOTT
JAMES H. PRESCOTT
NO. 01-469
Defendant
TO: JAMES H. PRESCOTT
670 LAUREL DRIVE
BOILING SPRINGS, PA 17007
DATE OF NOTICE: FEBRUARY 20. 2001 1:'~\
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COL~~~~ DEBT.
THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLL ~~HE
INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATI6~BTAINED
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, P A 17013
(717) 249-3166
Frank Federman, Esquire
Attorney for Plaintiff
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FEDERMAN and PHELAN
By: FRANK FEDERMAN
Identification No. ,12248
One PeIID Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
GMAC MORTGAGE CORPORATION
Plaintiff
: CUMBERLAND COUNTY
: Court of Common Pleas
vs.
: CML DMSION
JUDITH A. PRESCOTT
JAMES H. PRESCOTT
Defendant(s)
: NO. 01-469
VERIFICATION OF NON-MILITARY SERVICE
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the
following facts, to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United
States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act
of Congress of 1940, as amended
(b) that defendant JUDITH A. PRESCOTT is over 18 years of age and resides at
670 LAUREL DRIVE, BOILING SPRINGS, P A 17007.
(c) that defendant JAMES H. PRESCOTT is over 18 years of age, and resides at
670 LAUREL DRIVE, BOILING SPRINGS, P A 17007.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
'f~PIiU
FRANK FEDE
Attorney for Plaintiff
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(Rule of Civil Procedure No. 236 - Revised)
GMAC MORTGAGE CORPORATION
Plaintiff
vs.
JUDITH A. PRESCOTT
JAMES H. PRESCOTT
Defendant(s)
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: CUMBERLAND COUNTY
: Court of Common Pleas
: CIVIL DMSION
: NO. 01-469
Notice is given that a Judgment in the above captioned matter has been entered against you on
MARCH 1.2001.
By
, DEPUTY
rfyou have any questions concerning this matter, please contact:
FRANK FEDERMAN. ESOUIRE
Attorney for Filing Party
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
"TillS FIRM IS A DEBT COLLI!lCTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT
AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
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FiLm'OFFICE
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CUMBERL/\ND COUNTY
PEJ\JNSYLVANIA
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FEDERMAN AND PHELAN
BY: FRANK FEDERMAN
Identification No. 12248
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
GMAC Mortgage Corporation
Plaintiff
Court of Cornmon Pleas
Civil Division
v.
Cumberland County
Judith A. Prescott
James H. Prescott
Defendant
No. 01-469 CIVIL
PRAECIPE TO VACATE JUDGMENT
TO THE PROTHONOTARY:
Please vacate the judgment entered and rnark the action discontinued and
ended without prejudice in the above referenced case.
Date:~
1/lMlk ~
Frank Federman
Attorney for Plaintiff
prescottj .praecipe. vacate.judgmnt
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FEDERMAN AND PHELAN '
By: FRANK FEDERMAN
Identification No. 12248
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SIDTE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
GMAC MORTGAGE CORPORATION
401 MILE OF CARS WAY
NATIONAL CITY, CA 91950
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
CIVJrL DIVISION
v.
NO. 01-469
JUDITH A. PRESCOTT
JAMES H. PRESCOTT
Defendant(s).
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against JUDITH A. PRESCOTT and
JAMES H. PRESCOTT, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20
days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's
damages as follows:
As set forth in Complaint
Interest from 1/2/0 I to 1/21/02
TOTAL
$132,739.52
$11,315.15
$144,054.67
I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and
(2) that notice has been given in accordance with Rule 237.1, copy attached.
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F FED RMAN, ESQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED. '-:-Jj. 4
DATE: ~.6 4 ;).DD~ 0J A ---J;;; J Ie(_
, PROPROTHY
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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
COURT OF COMMON PLEAS
GMAC MORTGAGE CORPORATION
CIVIL DIVISION
Plaintiff
CUMBERLAND COUNTY
vs.
NO. 01-6592 CIVIL
JUDITH A. PRESCOTT
JAMES H. PRESCOTT
Defendant(s)
TO: JUDITH A. PRESCOTT
670 LAUREL DRIVE
BOILING SPRINGS,PA 17007
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DATE OF NOTICE: DECEMBER 19. 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 COUNfY
CUMBERLAND COUNfY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
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FEDERMAN AND PHELAN
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
COURT OF COMMON PLEAS
GMAC MORTGAGE CORPORATION
CIVIL DIVISION
Plaintiff
vs.
CUMBERLAND COUNTY
JUDITH A. PRESCOTT
JAMES H. PRESCOTT
NO.01-6592 CIVIL
Defendant
TO: JAMES H. PRESCOTT
670 LAUREL DRIVE
BOILING SPRINGS,PA 17007
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DATE OF NOTICE: DECEMBER 19. 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
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Frank Federman,Esqu~re
Attorney for Plaintiff
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FEDE~andPHELAN
By: FRANK FEDE~
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPIDA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE CORPORATION
401 MILE OF CARS WAY
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
CIVIL DIVISION
v.
NO. 01-469
JUDITH A. PRESCOTT
JAMES H. PRESCOTT
Defendant(s).
VERIFICATION OF NON-MILITARY SERVICE
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that on information and belief, he has knowledge of the following facts,
to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United States
or its Allies, or otherwise within the provisions ofthe Soldiers' and Sailors' Civil Relief Act of Congress
of 1940, as amended.
(b) that defendant JUDITH A. PRESCOTT is over 18 years of age and resides at ,
670 LAUREL DRNE, BOILING SPRINGS, P A 17007 .
(c) that defendant JAMES H. PRESCOTT is over 18 years of age, and resides at , 670
LAUREL DRNE, BOILING SPRINGS, PA 17007.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
1- UJ,
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
GMAC MORTGAGE CORPORATION
401 MILE OF CARS WAY
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
CIVIL DIVISION
v.
NO. 01-469
JUDITH A. PRESCOTT
JAMES H. PRESCOTT
Defendant( s).
Notice is given that a Judgment in the above-captioned matter has been entered against you on
M4
2001...
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d~g PCZf~
DEPUTY
If you have any questions concerning this matter, please contact:
FRANK FEDERMAN. ESOUIRE
Attorney for Plaintiff
ONE PENN CENfER AT SUBURBAN STATION
1617 JOHNF. KENNEDY BLVD., SUITE 1400
PFIILAJ)ELPFIU\,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."
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
GMAC MORTGAGE CORPORATION
Plaintiff,
v.
JUDITH A. PRESCOTT
JAMES H. PRESCOTT
Defendant(s).
No. 01-469
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
Interest from 1/22/02 to
(per diem -23.68)
TOTAL
$144,054.67
$3,196.80
$147,251.47
and Costs
_1-J( U
FRANK FEDERMAN, ESQUIRE
One Penn Center at Suburban Station
1617 JohnF. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
Note: Please attach description of property.No.
4
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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GMAC MORTGAGE CORPORATION
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JUDITH A. PRESCOTT
JAMES H. PRESCOTT
PRAECIPE FOR WRIT OF EXECUTION
(Mortgage Foreclosure)
Filed:
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Attorney for Plaintiff
Address: 670 LAUREL DRIVE, BOILING SPRINGS, P A 17007
670 LAUREL DRIVE, BOILING SPRINGS, P A 17007
Where papers may be served.
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DESCRlYfIO::-:
ALL THAT CERTAI]\; 1m or tract of ground situate in MOlll"ol! Township, Cuzr.be,ta.'1d County.
Pennsylvania, ana more particularly bounded and desc;-jbed as follows by a 5llrVey ~f Rodney Lee
Dedcer and,-\;soClates Registered Surveyor, dated March 9. 19'79
BEGIN;lI~G at a pOilU on the western lille of me C'Jl-d<:-sac siruated at the northwestern terminus of
Laurel Drive. and at (Ill! dividing line bet'#een Lacs Sos. 373 and 374 as shown on said plan; m=::
by thl'! dhiding line between lots Nos. 373 and 374 as shown on said Plan Soum 36 degrees 10
mirlures W cst 294.91 feet to a point; thence by other propert'j now or formerly of Penn Produc:s
Cor;:or:uion North 77 degrees 44 minurcs West 175.23 fee, to a piJim; thc:J.CC cominuing by other
properry now or formerly of Penn Products Corporation North 04 degrees 00 minutes West 235.00
feet to J. point; tltc:nce by the dividing line between Lots Nos. 373 and 374 as shawn on said Plan
South 82 degrees 55 minutes East 343.07 feet to a point on the western line of said cul-de-sac:
thence 13y the western line ot said cul-de:-sac by a curve to the left having a radius of 50,0 feet to an
arc length of 50.00 fee:t and J. chord a length af 47.94 feet on a chord bearing of South 30 degrees
59 minutes East [0 a point. the place: of BEGINNING.
CONTAI)Il)IG 1859 acres.
BEING Lot No. 3i3 as shown on tlle Plan of Lots of Section "H" of White Rock Acres dated
Se:ptc:mb.::r 6, 1973 and recard=d in Cumberland County Plan Book 25, Page 37.
Tax Parcel #22-33-004J~42
~CORD OWNER
TJTLE TO SAID P~MlSE$ IS VESTED IN James H. PrescQtt and Judith A. Prescott, Husband
and Wife hv Deed from Gary L. Grass and Ruth M, Gross, by her power of attorney, Gary L
G . H 'b ,i d W't' dated 9/"4/99 recorda! 91'19/99 in Deed Book Volume 208 Page 646.
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GMACMORTGAGE CORPORATION
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
JUDITH A. PRESCOTT
JAMES H. PRESCOTT
CIVll. DIVISION
NO. 01-469
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK
FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at .670 LAUREL DRIVE. BOILING
SPRINGS. PA 17007.
1. Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
JUDITH A. PRESCOTT
670 LAUREL DRNE
BOILING SPRINGS, P A 17007
JAMES H. PRESCOTT
670 LAUREL DRNE
BOILING SPRINGS, PA 17007
2. Name and address ofDefendant(s) in the judgment:
JUDITH A. PRESCOTT
670 LAUREL DRNE
BOILING SPRINGS, P A 17007
JAMES H. PRESCOTT
670 LAUREL DRNE
BOILING SPRINGS, P A 17007
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Bureau of Compliance
Bur. of Compliance, Dept. 280946
Harrisburg, P A 17128
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4. Name and address oflast recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
670 LAUREL DRNE
BOILING SPRINGS, P A 17007
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, P A l7l 05
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
January 21. 2002
DATE
F~~~~UIRE
Attorney for Plaintiff
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FEDE~ANandPHELAN
By: FRANK FEDE~AN
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PIIILADELPHIA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
GMAC MORTGAGE CORPORATION
Plaintiff,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
JUDITH A. PRESCOTT
JAMES H. PRESCOTT
NO. 01-469
Defendant(s).
CERTIFICATION
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
(X) an FHA mortgage
( ) non-owner occupied
( ) vacant
( ) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
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FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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GMAC MORTGAGE CORPORATION
Plaintiff,
CUMBERLAND COUNTY
v.
No. 01.469
JUDITH A. PRESCOTT
JAMES H. PRESCOTT
Defendant(s).
January 21,2002
TO: JUDITH A. PRESCOTT
670 LAUREL DRIVE
BOILING SPRINGS, PA 17007
JAMES H. PRESCOTT
670 LAUREL DRIVE
BOILING SPRINGS, P A 17007
"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 PROPERTY'"
Your house (real estate) at. 670 LAUREL DRIVE. BOILING SPRINGS. PA 17007, is
scheduled to be sold at the Sheriffs Sale on JUNE 5. 2002 at 10:00 a,m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of144.054.67
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,RC.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
l. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
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YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
I. 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 Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after tlw ,al"
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, P A 17013
(717) 249-3166
(800) 990-9108
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DESCRln10~
ALL THAT CERTA1J-' \m or rract of ground situate in MOllIoe Township, Cwr.berland County,
Pennsylvania, ar:d more particalarly boundd and described as fo!!ows by a surv::: or Rodney Lee
De::xcr and A,SOC13tes Registered Surveyor, dated March 9. 19-;9
BEGIN~l~G at ;j, point on !he western line of the cul-de-sac simared at the northwestern terminus of
L;ture! Drive. and at the dividing line ber,Aieen Lars ~os. 373 and 37..J. as shown ou said plan; the:1c;:
0:< the dividing line between lotS Nos 373 and 374 as shown on said Plan South 36 degrees 10
minUtes West 294,91 feet co a poinr; thence by other propertY now or formerly of P:nn Produc:s
Corpor3.tion North 77 degrees 44 roinute$ West l7523 fee! to a p<lint; mellee continuing by other
property now or formerly of Penn ProductS Corpourlon North 04 degrees 00 minutes West 28:5.00
feet to 3. point; thence by the dividing line between Loes Nos. 373 and 374 as shown en said Plan
South 82 degrees 55 minutes E:lSt 343.07 fcet to a point on the western liue of said cul-de-sac;
thence by the western line Of said cuI-dc-sac by a curve co the lcft having a radius of 50.0 feet to an
arC length of 50.00 feet and a chord a length of 47.94 feet an a chord b~ing of South 30 degrees
59 minutes EaSt to a point, the place: of BEGINNING.
CONTAl)ll;'1G 1859 acres.
BEING Lot No. 373 as shown on we Plan of Lots of S<i!ctiou OR" of White Rock Acres dated
Sep=b<:r 6, 1973 and recorded in Cumb<:!rIand County Plan Book 25, Page 37.
Tax Parcel #22-33-0043-042
~CORD OWNER
TITLE TO SAID PREMISES IS VESTED IN James H. Prescot! and J~dith A. Pre:cott, ~~band
and W.te by Deed from Gary L. Gross and Ruth M. Grass, by her power of attorney, Gar. .
Gross,tHUSbanO. and Wife dated 9/24/99, recorded 9/29/99. in Deed Book Volume 208 Page 646.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RE: GMAC MORTGAGE CORPORATION )
)
CiVIL ACTION
vs.
JUDITH A. PRESCOTT
JAMES H. PRESCOTT
)
)
CIViL DIVISION
NO. 01-469
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
)
55:
i, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE
CORPORATION hereby verify that on 4/29/02 true and correct copies of the
Notice of Sheriffs sale were served by certificate of mailing to the recorded
lienholders, and any known interested party see Exhibit "A" attached hereto.
Notice of Sale was sent to the Defendant(s) on 4/29/02 by certified mail return
receipt requested see Exhibit "B" attached hereto.
DATE: Mav 3,2002
5?5L
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
Name and
Address
Of Sender
Line
FEDERMAN AND PHELAN, LLP
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia,PA 19103-1'814 KMDTEAM3
Article Number
Name- of Addressee, Street,. and Post Office Address
P05tage
Fe<
2
3
4
5
6
7
8
9
JUDITII A.
PRESCOTT
306766150
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF WELFARE, PO BOX 2675, HARRISBURG, P A 17105
TENANT! OCCUPANT. 670 LAUREL DRlVE, BOILING SPRINGS, P A 17007
DOMESTIC RELATIONS OF CUMBERLAND COUNTY, 13 NORTH HANOVER STREET, CARLISLE, P A 17013
MONROE TOWNSHIP, 1220 BOILING SPRINGS ROAD, MECHANICSBURG, PA 17055
THE ZOO ZONE, CAMP HILL PLAZA, CAMP HILL, P A 170 II
PETER KRlZ, 5 nING I~ANE, SHERMANSDALE, PA 17Q90\, .
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FORD MOTOR COMPANY, P.O. BOX 3076, COLUMBIA, MV;'21045
PA DEPT. OF REVENUE, BUREAU OF COMPLIANCE, CLEA:ltANCE SUPPORT SECTION ATTN: SHERlFF
SALES, DEPT. 281230, HARRISBURG, PA 17128-1230 .'
JAMES H. PRESCOTT, 670 LAUREL DRIVE, BOILING SPRINGS, P A 17007
nJDITH A. PRESCOTT, 670 LAUREL DRIVE, BOILING SPRINGS, P A 17007
10
11
12
13
14
15
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Total Number of Pieces
Received at Post Office
The full declaration of value is required on all domestic and international registered mail. The Ill(lximum indemnity payable for
tlle reconstruction of nonnegotiable documents under Express Mail document reconstructioo insurance is $50,000.00 per piece
subject to a limit of$500,000 peT occurrence. The maximum indemnity payable on Express Mail merchandise illsurallce is
$SOO.The maximum indemnity payable is $25,000 for registered mail, sent with Qptional insurance. See Domestic Mail Manual
R900,S913 ;loud 5921 for limitations of coverage.
Total Number of
pieces Listed By Sender
Poslmaster, Per (Name Of Receiving
Employee)
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71~0 3~D1 ~844 8032 3~b~
TO: JUDUH A. PRESCOTT
670 LAUREL DRIVE
BOILING SPRINGS, P A 17007
SENDER:
KMD
REFERENCE: SALES
P$ Form 3800, June 2000
RETURN Postage
RECEIPT Certified Fee
SERVICE
Return Receipt Fee
Restricted Delivery
Total Postage _& Fees
US Postal Service
Receipt for
Certified Mail
No Insurance Coverage Provided
Do Not Use for International Mail
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TO: JAME~ H. PRESCOTT
670 LAUREL DRIVE
BOILING SPRINGS, P A 17007
SENDER:
KMD
REFERENCE: SALEA
PS Form 3800, June 2000
RETURN Postage
RECEIPT Certified Fee
SERVICE
Return Receipt Fee
Restricted Dellv~ry
Total Postage & Fees
:,
) US Postal Service
I
i Receipt for
i
1 Certified Mail
No Insurance Coverage Provided
00 Not Use for International Mail
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