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Home My WebLink About01-06592 -.~-",i'iilj'~~""'1<~"""'''''" ~ ...~ "",,-"-~"~~ - I '~~........ """ " ~~- -:~-<""l.!::-.ijj~"a-";( _A SHERIFF'S RETURN - REGULAR . CASE NO: 2001-06592 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS PRESCOTT JUDITH A ET AL JASON VIORAL , 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 2115:00 HOURS, on the 28th day of November, 2001 at 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 by handing to JUDITH PRESCOTT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 5.85 .00 10.00 .00 33.85 r~~"~~ R. Thomas Kline 11/30/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: me this ...... J? ~ day of ~1PM~~' A.D. ~C.~.~ r thonotary . ,~-"' ~".~ ......~ . , .l_~ lit'.i\i "~, i"~~;iC:", . ,.. SHERIFF'S RETURN - REGULAR r CM>E NO: 2001-06592 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS PRESCOTT JUDITH A ET AL JASON VIORAL , 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 JAMES H the DEFENDANT , at 2115:00 HOURS, on the 28th day of November, 2001 at 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 by handing to JUDITH PRESCOTT, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affida.vit Surcha.rge So Answers: 6.00 .00 .00 10.00 .00 16.00 .~~e~~~ R. Thomas Kline 11/30/2001 FEDERMAN & PHELAN me this J3't: . day of Sworn a.nd Subscribed to before By: A1u1~,2&o1 A.D. t;.r; " a. 7H"llh ~ l ~ ' rothonotary :""~ ,~ - - ~ . . ~ ,:~, ",,"- 1!rd:iJ_:lDj1\ . .. , PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, v. No. 01-6592 JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $146,056.41 V Interest from 3/13/02 to 6/11/03 (per diem -$24.01) $ 10,948.56 and Costs TOTAL $157,004.97 -:F~~ FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description ofproperty.No. =. ~'~r~mm!#-'AJ~~i1?JM-liiiil."~W~'ifii);JJ'!iI1jw.;1'~ili"'%;","&-",lk~i"""~i.:!"'f;""Yi!-.",;,~,~",:",!,.,!i;o;t;;i{"~"'.f.~i,: ,Uf;"",thif!~~iiM<i~m~'" ' ^' ibi}!i!iil " ~iUI LI;!~rd t1lr!l'~~ttilM''''~'''''''-' .-b "'C~_, ~, iiai' ,""........." lHili " .. t- t- OO 00 t-t- .... .... << ~.... rJIr/; "" ZZ ~; ~..... ...$ <J100 Z "" O~ ZZ Z 0 .... .... "'> 0 .... .....l <... "'" .... .... .... ;:J 00 f;lol;;... ~ ...", U == -d ....Z ""'''''' ~'E' ~~ '" Zz 0 ""'''''' ::::; l:: Of;lol 00 f;lol = '" ~ .~ ~; OJ Uu '" <= ~.... ....s '" ~~ 0 <J1", o <.l "0; Q~ .n ~~ '" ~ ~ 0"", U "'" .. .... .....l .; ~~ ... ~~ 8 uz f;lol ........ <S ...;:J " " <=:J OJ ~ ~~ ;>-. ~~ ~ 00 <U "",U =<J1 ~~ S g. ~ "",f;lol 0'" B ......l Po ~Q 8~ ... is ~ 00 <U ;:JZ 0 f;lol6 t-t- ... "'''' ~ 0< ~ =;~ U; .... .... Ui f;lolf;lol U U OJ < ~ <U == .;::J ~ ""'~ ~ <U ~ Z;:J .~ .... .... ....u ("') ~ 0 c '-'- '"1'1 S 3: "-or:L :;:r... " q;!n ~o ~~1. ~':C~ Z .~ co ," , -< , .,-;C) r::: , '" I~~ J;: ." -..... z t~: )> f; 1;Y ~:-..,: ::::-, 0 0J -<( '" :< ~" ~~--,,~" ,.,,..>,. "" '"-~," ",' ? , ',. ~-~,"',..... " ,"~" ~-"'.=, - ~ ,- --. ~ , --.. <, -,~>--"- -. " .-<-.-- -"""""'-i ~ I -"~~~ . J. I"' '~^I "i!""~""'~l!' DESCRIPTION ~ ~ ALL THAT CERTAIN lot or tract of ground situate in Monroe Township, Cumberland County, Pennsylvania, and more particularly bounded and described as follows by a survey of Rodney Lee 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 Laurel Drive, and at the dividing line between Lots Nos. 373 and 374 as shown on said plan; thence by the dividing line between lots Nos. 373 and 374 as shown on said Plan South 36 degrees 10 minutes West 294.91 feet to a point; thence by other property now or formerly of Penn Products Corporation North 77 degrees 44 minutes West 175.23 feet to a point; thence continuing 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 line of said cul-de-sac; thence by the western line of said cul-de-sac by a curve to 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 to a point, the place of BEGINNING. CONTAINING 1.859 acres. BEING Lot No. 373 as shown on the Plan of Lots of Section "H" of White Rock Acre~dated September 6, 1973 and recorded in Cumberland County Plan Book 25, Page 37. Tax Parcel #22-33-0043-042 TITLE TO SAID PREMISES IS VESTED IN James H. Prescott and Judith A. Prescott, Husband and Wife by Deed from Gary L. Gross and Ruth M. Gross, by her power of attorney, Gary L. Gross, Husband and Wife dated 9/24/99, recorded 9/29/99, in Deed Book Volume 208 Page 646. Property: 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 n'~ }~-);";;;';"C'~O""~i!IDi'ilJ;1.!~i.tdi,,!,~1Biffi,.iJi;l,tl~'''M,*,j';;%-''''''ii'!i/i;\-"o,,,,~!,,'"1,;,,op;':';'''<'~'I,--,",].;,,-d.NiW,~i",,,,,-,,,,,A_' -- -, ,'-,' - -~- -, - ,~"""""""-'_ _' -" - , -,~,,-'-""''-"~iWiliflll' I ~)~ ....... t.)-.> <->t ~ ~ ">r _ ~ " -"_~,",~~~,' >-. ~ CY -- ~ -~-, "'-~ ~' ,,~',_, ,~,~L --~ ~:~ [~\ 0' I \~ I --()'J I -..,j -- "'" ;-J u-, 2! ' . (C ""'-J~ \..N _ <-..N U' -D . . ) . \.).l "-\) ~<~ .~ ,,"'~~-. d __~ ~ cJ' __ 0... ~ ....... <J"-., f:' \.N ~?\ f'V ~ ."", ~ l::f, .- (") c' ~l:~ InrT' ?"~ ..:;... .~', ~:~- )> ,. ~:~ :""=--: .::( - c". (..~ ::::~ ~j'; ::c:-.... ,::;:-'0 . -j,r, -0 ::f: ~~Q ~ Cl 0" ,--~ "'1 -,"cj S2!Tl :0 -< IN!m'i I . '" ~) ,-,~:: --~ _~~ ,.. "'~",""N'" ,- - - i ~""'~ ~ ~ ..1>1 ....~,~~'..~ .1 LLI ,- "1ij,1!i~1il'Ii'_~ ,"'""'" lil~-w.-,,;-_cY"k . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANTA) COUNTY OF CUMBERLAND) NO 01-6592 Civil CIVIL ACTION - LAW TO THE SHERlFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORP. Plaintiff (s) From JUDITH A. AND JAMES H. PRESCOTT, 670 LAUREL DR., BOILING SPRINGS P A 17007 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 670 LAUREL DR., BOILING SPRINGS PA 17007 (SEE ATTACHED LEGAL DESCRIPTION) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirnlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $146,056.41 Interest 3/13/03 TO 6/11/03 @ $24.01 per diem Atty's Comm % L.L. $10,948.56 Due Prothy 1.00 Other Costs Atty Paid $960.,26 Plaintiff Paid Date: March 11, 2003 CURTIS R. LONG (Seal) :~F~ II Ar~ DepJty REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER@ SUBURBAN STATION 1617 JFK BLVD., SillTE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 """"""""."'-~ .....,.., - 1-, ~Wliii ,..'-;..." '", .'.-''f4l\ffirio\<;''-- . \. GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS JUDITH A, PRESCOTT JAMES H. PRESCOTT CIVIL DIVISION NO. 01-6592 Defendant(s). AFFIDA VII 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. P A 17007 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address Call1iot be reasonably ascertained, please indicate) JUDITH A. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, P A 17007 JAMES H. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address Call1iot be reasonably ascertained, please indicate) FORD MOTOR CREDIT COMPANY P.O. BOX 3076 COLUMBIA, MD 21045 PETER KRIZ 5 KLING LANE SHERMANSDALE, P A 17090 THE ZOO ZONE CAMP HILL PLAZA CAMP HILL, P A 17011 PA DEPT. OF REVENUE BUREAU OF COMPLIANCE DEPT. # 280946 ATTN: SHERIFF' SSALES HARRISBURG, P A 17128 :t11 - ~" -. .- -.' '" ". L ,'" ,'~' ^~',,', -" -',-- '~"lll&~~~,c , . ) ", 4. Name and address of last recorded holder of every mortgage of record: , Name Last Known Address (if address Call1iot 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 Call1iot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property md whose interest may be affected by the sale. Name Last Known Address (if address Call1iot be reasonably ascertained, please indicate) MONROE TOWNSHIP 1220 BOILING SPRINGS ROAD MECHANICSBURG, PA 17055 WHITEROCKACRESCI~L ASSOCIATION, INC. RR 1 BOILING SPRINGS P.O. BOX 443 BOILING SPRINGS, P A 17007 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 Call1iot be reasonably ascertained, please indicate) Tenant/Occupant 670 LAUREL DRIVE 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 171 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. March 10. 2003 DATE f!lCVnk~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff --', --"- ' ~MLi'WiJi~{j[w.~,1.;;t,i;."i!.;b%'\'i#i-.-"'im~~i:i~t"h~,,"r,~'HJ;';~--,,";" .~ ",.~ -,~ ,I i;<;J"'" i(!~:",,;,~ i'~"__nd""--"'j>ii!.;lh~!\!I1;tci:I!fiI13il\jW.!W""""'--" -In fi8i:mii-:'\sr'lMiJr&1ll "~ ,~ ,~ I tilW' -lrmL 1- l!llllt!>'!" . " i (") C' r-'1 -,< C 0.,) -Tl ;;:::- ~ -oi5' .".. Iii [2 "''' Z__J~, <~-' ~f~:,. , ~ ' G,) r;::C ,-<:) . -,,-, ~, ~- -' , ~.>''' l-::' ~~~~, l:-i' ~:':-.f"il ::4 Z 0 51 ~ 0" ::< 4"- "= " .. ...~ ~ I '~'" i . J '* - . ,,~""''"'__O '-a-;' ^~j-'-;"'~i" :",,~:,i;;.:J!~, FEDE~andPHELAN,LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURaAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPIDA,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. 01-6592 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 o Act 91 procedures have been fulfilled ~M;nJ;(~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff This certification is made subject to the penalties of 18 Pa. C.s. Section 4904 relating to unsworn falsification to authorities. .~~;"'''.'' '",L'"'I"~'r..,":,,,,, ,....,...,',.,.'..,',.,..,',,'..' .."'.,..."',,'..,......,,,.,.'...',.'.,, ."".,..'.,' ,..., - ,,:,,,"",,, ,'K ""02I'~","'",',."~,."'-"_r"'--""._->"''''',:''''_..C',,,,.; ,;;-,_ '", '"""",''';'&_,;flL;;;W'_i,:ih'''KHI1'Mi'~~A\,,)*>*,;WJ>iMt~~~~ii>:<i~~~irit~iio......:A OR C) -0 1i~ rnf--'" ~~.' ~r:c )% ~~' ;?;; (.~ )>~ :::~ -< _ ~^ ~~.," ,,0 _0 ~, .' ,_",~~_ "=,..,,,,1 . .- .- - ~, "~~ '1lt~~'" r:-? a O'l 't:JMj~nJ"' '~'"llB,~ CJ <....., -". ~; :;"C' (-~ -7~1 '--',,-,-': \---, "co "'"10'" ~-:~;) . '';'; '2J ~:f~ 5 -< ," - -" . , "' =D~"" -" = j - ,". ~,,' '-. "". -~ ',; ,~-, '" "''''~~<ik*, GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY y. No. 01-6592 JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s). March 10, 2003 TO: JUDITH A. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 JAMES H. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 **THIS FIRM IS A DEBT COLLECTOR AITEMPTING 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 6/11/03 at 10:00 a.m. in the Cunlberland County Courthouse, South Hanovef Street, Carlisle, P A 17013, to enforce the court judgment of$146,056.41 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an aImouncement 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: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To fmd 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 Of 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. --~~". .. ~,_,__J " ~' ~'~.'" ~-~~,,"',' "".-'MlllJl,Iil\(iMilWb ! , 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 ifthis has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5, You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ."'~~ti~"'~""~1 r~ ~_._, ~..- , illIl.t!: ", -," ,",,"I >-~".,,,,,,_.;. ",~,' W:;d~'~~,i ( .,.. DESCRIPTION , ALL THAT CERTAIN lot or tract of ground situate in Monroe Township, Cumberland County, Pennsylvania, and more particularly bounded and described as follows by a survey of Rodney Lee 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 tenninus of Laurel Drive, and at the dividing line between Lots Nos. 373 and 374 as shown on said plan; thence by the dividing line between lots Nos. 373 and 374 as shown on said Plan South 36 degrees 10 minutes West 294.91 feet to a point; thence by other property now or formerly of Penn Products Corporation North 77 degrees 44 minutes West 175.23 feet to a point; thence continuing 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 line of said cul-de-sac; thence by the western line of said cul-de-sac by a curve to 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 to a point, the place of BEGINNING. CONTAINING 1.859 acres. BEING Lot No. 373 as shown on the Plan of Lots of Section "H" of White Rock Acre~dated September 6, 1973 and recorded in Cumberland County Plan Book 25, Page 37. Tax Parcel #22-33-0043-042 TITLE TO SAID PREMISES IS VESTED IN James H. Prescott and Judith A. Prescott, Husband and Wife by Deed from Gary L. Gross and Ruth M. Gross, by her power of attorney, Gary L. Gross, Husband and Wife dated 9/24/99, recorded 9/29/99, in Deed Book Volume 208 Page 646. Property: 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 "'---.; Li\~im:i~lm&ii:)!;.0Ij",,'!ri0~V!i,r,,-~.*, ;ii4HU;\!i-ilk'!",~;!""el:" ~. ~~ ~,"':';:'hij!:i:" ','''-ih B-~,i,;"-;$~i'l!<'E"-t<i"'-$~-<pl-"<%!~;j.'<;\j;,fuUi,iliiwi!!!j'!!l'flll."""-'l'iS~~;@Jf"''M:ll ,~-""', "':it'lllift: -"'-:"'''"--''''~M~'' o U~ rl1 }~~~ Z~"~ 2:::(~ 59< i~. )>',. ~. ::? tl'''''' r;.." .::, tn -', a1, , '" 11 o (,~ o '" ~ ~ ':;:;.:.:1 :-j") ""D J': ~:) ",,,-,-. 2'5 -,~- rll ~ ~ :< "dIlliiIIlj ,~~,~ " ~ ~""'=- ~'~ .-1 '~k" j,~. ~ ,,-'d-"- , ,',;;', '- "', il:'~~i>..\k"F , , " COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which GMAC MTG CORP is the grantee the same having been sold to said grantee on the 3rd day of Sept A.D., 2003, under and by virtue of a writ Execution issued on the 11 th day of March, A.D., 2003, out ofthe Court of Common Pleas of said County as of Civil Term, 2001 Number 6592, at the suit ofGMAC Mtg Corp against Judith A Prescott is duly recorded in Sheriffs Deed Book No. 259, Page 1642. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ! '/~ day of = \;1l "' ~-""'Q-"""'""'~""""", ~ " -,; L ......,"', ,,1 ~'" -.~'."'="'^"fkililfi_"-"'" c_.:,. '''~~1iA' GMAC Mortgage Corporation VS Judith A. Prescott and James H. Prescott In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6592 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Judith A. Prescott and James H. Prescott, but was unable to locate them in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendants, Judith A. Prescott and James H. Prescott. Defendants' house is padlocked. The post office does not have a forwarding address for the defendants. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on Apri111, 2003 at 2:47 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Judith A. Prescott and James H. Prescott located at 670 Laurel Drive, Boiling Springs, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 3,2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for GMAC Mortgage Corporation. It being the highest bid and best price received for the same, GMAC Mortgage Corporation of500 Enterprise Road, Suite 150, Horsham, PA 19044, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$851.13. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge Postpone Sale Law Journal $30.00 16.69 15.00 15.00 30.00 10.00 1.00 8.28 15.00 30.00 20.00 316.55 '~'"h" . '. Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed _I. 253.87 25.24 25.00 39.50 $ 851.13 ~----,~, ~ ; j '~ ''Ii'''; ,,.-'---'); "-'"Ti'djjiu!~!iZ&d Sworn and subscribed to before me So Answers: ThiS!/D'!: dayof ~ r~-:-~~ ~ Q ')., '.. ___ R. Th. omas Kline, Sheriff 2003, A.D. ,/~ tfi1 ~ . I P ro honotary BY '\.A.iVVl Real Esta Deputy ~,~ dlJ,oO ~ j, Vf) tJL-. LlJ 11 'I (l.., . /I.f ).'i;f, ( "?: w " ... .... M~ I ~ - , I _ i,~~. l-~' -. ';, ",,-," ';-.""-' """1- "~,.TI' -" 'l'.i;- . i GMAC MORTGAGE CORPORATION Plaintiff, ~ CUMBERLAND COUNTY v. COURT OF COMMON PLEAS JUDITH A. PRESCOTT JAMES H. PRESCOTT CIVIL DIVISION : """',""-"S', . NO ' ,.".' ",..'...... ." Defendant(s). ~'. ." .U" ~', '".",l ~" J',l.l,r"",', I," '." , i~~.. AFFIDAVITPURSU:' "ORu~.,,':A . '. ,.IN\I, '" c", (Affidavit No. I) 'V'-' .rt 0>>':,'" 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. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address C3IIDot be reasonably ascertained, please indicate) JUDITH A. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 JAMES H. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address C3IIDot be reasonably ascertained, please indicate) FORD MOTOR CREDIT COMPANY P.O. BOX 3076 COLUMBIA, MD 21045 PETER KRIZ 5 KLING LANE SHERMANSDALE, PA 17090 THE ZOO ZONE CAMP HILL PLAZA CAMP HILL, P A 17011 PA DEPT. OF REVENUE BUREAU OF COMPLIANCE DEPT. # 280946 ATTN: SHERIFF'S SALES HARRISBURG, P A 17128 ,->,;,....... ~ "~~~, ~~ ~ i ~, l ...~.~ . ,',,- J '"'",i,-': ',C -,"-,",,~',' ,-, ,- lIi(,iih.;'''--';~ .i.L> . 4. N3Ifie and address oflast recorded holder of every mortgage of record: i N3Ifie Last Known Address (if address CaImot be reasonably ascertained, please indicate) None 5. N3Ifie aIld address of every other person who has any record lien on the property: Name Last Known Address (if address CaImot be reasonably ascertained, please indicate) None 6. N3Ifie and address of every other person who has any record interest in the property and whose interest may be affected by the sale. N3Ifie Last Known Address (if address CaImot be reasonably ascertained, please indicate) MONROE TOWNSHIP 1220 BOILING SPRINGS ROAD MECHANICSBURG, PA 17055 WHITE ROCK ACRES CIVIL ASSOCIATION, INC. RR 1 BOILING SPRINGS P.O. BOX 443 BOILING SPRINGS, PA 17007 7. N3Ifie 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 CaImot be reasonably ascertained, please indicate) Tenant/Occupant 670 LAUREL DRIVE BOILING SPRINGS, PA 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 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 10,2003 DATE ~~-:f~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff =~ " .........,;~ , 'L "" ,~~.c_' ,,,,-, "'-i<-'f,-----""'----:"'".:,-.,Jt&' .. ~MAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 01-6592 JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s). March 10, 2003 TO: JUDITH A. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 JAMES H. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 **11fIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 11fIS 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 6/11/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $146,056.41 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: 1. 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. "'il ~~~ i,j .,' ,., > ,---'~~'-~' "'"~" '.' -." '~'if ~li:~li'~,. i 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. :I. 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 ifthe 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 ofthe 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 TmS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER 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 r "\Ii! ~~"-- ~ I ~~ ~=->-,~ l j :;., ,,'- ',=--"<,,-~,, j>~'"''''"''~: DESCRIPTION . ALL THAT CERTAIN lot or tract of ground situate in Monroe Township, Cumberland County, Pennsylvania, and more particularly bounded and described as follows by a survey of Rodney Lee 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 Laurel Drive, and at the dividing line between Lots Nos. 373 and 374 as shown on said plan; thence by the dividing line between lots Nos. 373 and 374 as shown on said Plan South 36 degrees 10 minutes West 294.91 feet to a point; thence by other property now or formerly of Penn Products Corporation North 77 degrees 44 minutes West 175.23 feet to a point; thence continuing 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 line of said cul-de-sac; thence by the western line of said cul-de-sac by a curve to 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 to a point, the place of BEGINNING. CONTAINING 1.859 acres. BEING Lot No. 373 as shown on the Plan of Lots of Section "H" of White Rock Acr~dated September 6, 1973 and recorded in Cumberland County Plan Book 25, Page 37. Tax Parcel #22-33-0043-042 TITLE TO SAID PREMISES IS VESTED IN James H. Prescott and Judith A. Prescott, Husband and Wife by Deed from Gary 1. Gross and Ruth M. Gross, by her power of attorney, Gary 1. Gross, Husband and Wife dated 9/24/99, recorded 9/29/99, in Deed Book Volume 208 Page 646. Property: 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 -t~~ ."""~~ - -~'1l "'l>';;!l'" "-~ ,~_.- , '~' ~ ~--.-~. ~, L..... ~ ~.~.""'~ ~.-. ~ 1-- ",,1 ;t"'''''~' .~.;/ (". ,~"" ~l" WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA), COUNTY OF CUMBERLAND) NO 01-6592 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfY the debt, interest and costs due GMAC MORTGAGE CORP. Plaintiff (s) From JUDITH A. AND JAMES H. PRESCOTT, 670 LAUREL DR., BOILING SPRINGS P A 17007 (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 670 LAUREL DR., BOILING SPRINGS PA 17007 (SEE ATTACHED 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 gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $146,056.41 ,.", \, i ;' ,;: ' Interest 3/13/03 TO 6/11103 @ $24.01 per diem Arty's Comm % Arty Paid $960.26 Plaintiff Paid Date: March 11, 2003 1.1. $10,948.56 Due Prothy 1.00 Other Costs CURTIS R. LONG (Seal) By: REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER@ SUBURBAN STATION 1617 JFKBLVD., SUITE 1400 PIDLADELPIDA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 . ";'"Y:~-i..o-;~;--;:i'M'll'~~~~~jfl~dJ.~~~~~ifu:\~:$l!li'i~OO@'~~_~mt' Real Estate Sale # 67 On March 17, 2003 the sherifflevied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, P A known and numbered as 670 Laurel Drive, Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 17, 2003 By:Jod.&{~ Real Estate Deputy . - ~-'-~~- -~~ ,_"""""~,"",~_"^""",_,,,, ,~,~,,' ,~; -..,",.~,,~._e .~_,___~ ~ "",~, .__...,~ 11m, (....,) CVil Ciiil c::::::;J (5i) G;;;) - ,,~- ~-~ 'C ~_ _,<, ..._, "',4,.....'.". ,'- "'~ . "lI!:Ii'(;jili"-'~i1~r ,J ' , '1id:a- THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Ass!. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal ollice and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Stree1, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s} of April and the 6th day(s) of May 2003. Tha1 neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behaif of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy IS ALE #67 ! . , .......A..~....... Sworn to and subs ib before Notan ea! 1e"'l L. Russell, Notary Pu c City Of Harrisburg, Dauphin Cou My Commission Expires June 6, 2006 Member. Pennsvlvania Assodallon Of Notali4\' commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 252.12 1.75 253.87 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... - REAl.esTATESALE-No.67 '". ..... -W.q.tl!. . No. 2001-6592 :-:-.:' - FCivllTerm ~,- -- ~~~~P~~~~~ge .., va _ : n:. ~ 1l.udilh A. Prescoll Ii;; c.--ana James H. Prescott ~ _ ' oAtty: 'Frank Fec;ferl11an ~. --....DESCRIPTION ~t)l;IA'LCERTAIN lal- or, tract of ground ":-oSltuate In Monrge.. TO'o'QOshlp, Cumberland_ ~Q!!nty;- .t'.ennsylvanht, It.'ld more particularly ~~~deQ_a,nd .de:iCrib~d r-' fQ1!ows by a survey of _ ~~:et Le~_D~ck~,r ar j Associates Registe~d evor;oatooMarch':.l,1':l-'i9. ~'BE:dfNi.nNG at a point on the western line of ~ the: cul-de-s~ situated at the northwestern ~twrunOHf1aureLDriv.e,_and aUhe dividing line =: between Lots Nos. 373 and 374 as shown on said ~ plan; thence by the dividing line between lots Nos_ 373 and 374 as shown on said Plan South ~6' degrees 10 zn7nutes West.294.91 feet to a ~ !j,oint; thence by other property now or fonnerly ~))enn Product", Corporation North 77 degrees ;;;:::-44 minutes West 175.23 feet to a point; thence FCdn1ifiiJi~ by other property now or formerly .of '::: Pe!lll_Products Corporatien North 04 degrees 00 _ ;Jnilllrt~_WesL285.00 feet te a point; thence by ~tht.ifuj..ding line betweeJlwts Nos. 373 and 374 - . as shown .on said Plan Scuth 82 degrees 55 --minules East 343.07 feet te a pcint on the -western line .of said cul-de-sac; thence by the -.w.l;)it~ line .of said cul-de-sac by a curve te the ....left having a radius.of. 50,O.feet tc an arc length- ~. ,50,:.oo-f@"anaa-chordlengthcf47.94feetcn ":=l!- r;:lfurd_liearing cfSeuth 30 degrees 59 minutes ~_1.toapojnt, thc,pJace ofBEGIJ:OONG, ~CQh'TAINING l.SS9:').cres. JWG lo~ N.o. 3n~ s,.,shown .on the Plan .of :tp.t(ofSecti.on "H" or,-ihite Rock Acres, dated ~ep!ember6,1973andrecQtdedin ~Cl!nqcr1and Coun~y Plan gock 25, Page 37. ---TAXl'ARCEL NO.: 22.33,01143.042, -- ,mE TO_SAID PREMIsES is vested in James ~H Presco!~ and Juditll A Presc.ott, H.usba,nd and ~ - Wife, by 1J....ed from Gary L. Gross and Ruth M. ~,s.__bLher power .of attorney, Gary 1. Gross, _ !:E_usoand and Wife, dated 9/24199, recerded 9129/ ~ ig De~}!l9P~ yclume 208 Page 6.46. _ ':J>lrOFE1ITY: 670 Laurel Dri",. BoDing Spring, ~Mi1001. . " 'J -~ "" --.- ,,"'-' ..""";~'~ --,',-.~; ,;-,o_=>,~ " ',> '-, ""'ilii,',i;, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor ofthe Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the SaIne as was printed in the regular editions and issues ofthe said Cumberland Law Journal on the following dates, viz: APRIL 25, MAY 2,9,2003 Affiant further deposes that he is authorized to verifY this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 9 dayof MAY, 2003 "\ NOTI\RIAl SEA!. Nl!lC '",=,' I.OIS E. StlYDt~ Nf)~~L f"""",J!4io 1~ !i$oroi vUl.t~~:-" 5 WM', ".ft,........... ." ",,",rr.lsllM ....... "'jJ\J'Y'<'" t'i .. " . ~I .J,_c_ Idb, REAL ESIl'ATE SALE NO. 67 Writ No. 2001-6592 Civil GMAC Mortgage Corporation vs. Judith A Prescott and James H. Prescott Atty.: Frank Federman DESCRIPTION ALL THAT CERTAIN lot or tract of gronnd situate in Monroe Town- ship. Cwnberland County. pennsyl- 'vania. and more particularly bormd- ed and described as follows by a survey of Rodney Lee Decker and Associates Registered Surveyor. dat- ed March 9. 1979. BEGINNING at a point on the wes.tern. line of the cUl-de-sac situ- ated at the northwestern terminus of Laurel Drtve, and at the dividing line between Lots Nos. 373 and 374 as shown on said plan: thence by the dividing line between Lots Nos. 373 and. 374 as shown on said Plan South 36 degrees 10 minutes West 294.91 feet to a point: thence by other property now or formerly of Penn Products Corporation North 77 degrees 44 minutes West 175.23 feet to a point; thence continuing 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 divid- ing 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 line of said cul-de-sac; thence by the west- ern line of said cul-cte-sac by a cwve to 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 de- grees 59 minutes East to a point. the place of BEGINNING. CONlAINING i .859 acres. BEING Lot No. 373 as shown on the Plan of Lots of Section "H" of White Rock Acres dated September 6. 1973 and recorded in Cumber- land County Plan Book 25. Page 37, Tax Parcel #22-33-0043-042. TITLE TO SAID PREMISES IS VESTED TN James H. Prescott and Judith A. Prescott. Husband and Wife by Deed from Gary L, Gross and Ruth M. Gross. by her power of attorney. Gary L. Gross, Husband and Wife dated 9/24/99. recorded 9/29/99. in Deed Book Volume 208 Page 646. Property: 670 LAUREL DRIVE. BOILING SPRINGS. PA 17007. _"~'~h "'''' ~~"~" ~ _.~ ~-"i,",,~~~ - ," GMAC Mortgae Corporation VS Judith A. Prescott and James H. Prescott ". '"~', - j -Ill -- ~"~.u.llli - , In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6592 Civil Term ^'"---~~r.ti: R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Advertising Certified Mail Poundage Law Journal Patriot News 30.00 30.00 15.00 .50 1.00 25.20 8.28 15.00 15.00 2.43 14.38 344.45 232.15 $733.39 paid by attorney 6/20/02 Sworn and subscribed to before me This .2'1 t::-' day of 9",-,-, 2002,A.Dq~ 0. "rn,I;,.,,# Prothonotary so~~~ R. Thomas Kline, Sheriff BY \.)trd :J ~ Jit-J Real Es e Deputy "'~ }. 31033 (tz-. ~ /;nl.o!,. ",' ~"~"4"' N'~ ~ _I,,,,,,,", ~" ,'_ J "~, ~ _, ,;~""'"",,, ; .z....';",', -'" "", -"11..)-] '~~ " "Gl\-IAC MORTGAGE CORPORATION " CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS JUDITH A, PRESCOTT JAMES H. PRESCOTT CIVIL DIVISION NO, 01-6592 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) GMACMORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .670 LAUREL DRIVE. BOILING SPRINGS. PA 17007. 1. Name and address of Owner(s) or reputed Owner(s): NaIne Last Known Address (if address cannot be reasonably ascertained, please indicate) JUDITH A. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, P A 17007 JAMES H. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, P A 17007 2. Name and address of Defendant(s) in the judgment: JUDITH A. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, P A 17007 JAMES H. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, P A 17007 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address CaIUlot be reasonably ascertained, please indicate) PADEPT. OF REVENUE BUREAU OF COMPLIANCE CLEARANCE SUPPORT SECTION ATTN: SHERIFF SALES DEPT. 281230 HARRISBURG, PA 17128-1230 :$ ~""- .w,_."~ _ ~~ , . ~ L~ ~'" iIi ~.~-- '1- '";,,.1 ,..J.",-, -"'-:1'--, Ht;i~~j ~\~i'$i' - , ,1 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 oiher person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address CaIIDot 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 DRIVE 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, PAl 71 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. March 12. 2002 DATE ~~/~ FRANK FEDE AN, ESQUIRE Attorney for Plaintiff 1Iii ,k<li"= ~~ - ,~ - - .", """_,,,,:',,;__,. ~'>'o, ;.,_ ,_. ~:(~~"- t. , 'GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No, 01-6592 CIVIL JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s), March 12, 2002 TO: JUDITH A. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 JAMES H. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION 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,)s 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, P A 17013, to enforce the court judgment of 146.056.41 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an aIillouncement will be made at said sale in compliance with Pa.R.C.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: 1. 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.) .~ ~~"" ~ -.' l, ,~ =^ -k__l__.._ '" , -"~ ~,'" '. ~,,,' ""0'- ',--,:" -'-,<, ~iI&t'"," '~,'h, , 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 hi:;hest 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 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 ""$ -~ ~ .."~~- "~ -' '" j - ~ , '~~- _u__c >-<-,', ",j,,~2.ki.;'~i.-ii.ci!,c' , . DESCRIPTIO:" ALL THAT CERTAIJ'.i lot or tract of ground situate in ~lonroe Township. Cwr.berl:u-::d Counry, PelUlSylvartia, ana more partiC'.llarly bounded and describe;;! as follows by a survey of Reckey Lee Decker <lIld .-\.SocIates Registered Surveyor. dared March 9. 1979. BEGINNI."<G at a point on me wc:stern line of the C'.lI-de-S3C siruated aI the: !lofT.hwesrern terminus of Laurel Drive. and at the dividing line bet',\;een Lors Nos. 373 and 374 as shown en said plar:; thc::ce by the dividing tine oeI\Veen lors Nos, 373 and 374 as shov,ll on said Plan South 36 degrees 10 minUtes WCSt 294,91 fe<!t co a point; thence by other propertY now or iormdy or Penn ProdUCts Corporation North n degrees 44 rninure~ West 175,23 fee~ to a poim; the::JCe conrin!;il1g by ather properlY QOW or formerly of Penn Producrs Corpomion North 04 degrees 00 minutes W~st 2:35.00 feet to :J poim; thence by cbe dividing line between Lars Nos, 3.73 and 374 as shown on said Plan South 82 degrees 55 minutes East 343.07 feet to a point on the western line of said cuJ-de-.ac: thence by tlle western line of said cul-de-sac by a curve IO tile left baving a radius of 50.0 feef to an arc length of 50.00 feet ana a Chord a length of 47.94 fee: on a chord be31'ing of South 30 degrees 59 minutes EaSt to a poirn:. tile place of BEGINNING. CONTAINL'<G 1859 acres. BEING Lot No 373 as shown on IDe PLm of Lots of S~ction 'H" or White Rock Acres dated Septemb.:r 6. 1973 and recorded in Cumberland County Plan Book 25. Page 37. Tax Parcel.f22-33-0043~42 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN James H. PrescoTt and Judith A. Prescctt, Husband and Wit h Deed from Gary L. Gross and Ruth M. Gross, by ner power of attorney, Gary L He ~ d d w., dated 9'''4/99 recorded 9/29,99 in Deed Book Volume 208 Page 646. Gross. USLJan In 11C _, , ,;-t<<,.~ , ~l ~ ""<jt'Lll_~_"~'"~^~ .......~""'-'-' ~~ ~" . L L."w. iIlf.Jlill'--'- it~~'ii( WRIT OF EXECUTION andl,or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 01-6592 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLA."!D C01JNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION PLANTIFF(S) From JUDITH A. PRESCOTT AND JAMES H. PRESCOTT (I) You are directed to levy upon the property of the defendant(s) and to sell SEE LEGAL DESCRIPTION OF PROPERTY (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $146,056.41 L.L.$.50 Interest FROM 3/12/02 TO 6/5/02 (PER DIEM - 24.01) $2,040.85 AND COSTS Atty's Connn % Due Prothy $1.00 Atty Paid $121.85 Other Costs Plaintiff Paid Date: MARCam,;~On2: 1 CURTIS R. LONG Prothonotary, Civil Division B)t:.. ao-. u ,P .~O?fiA-. f.'lr&- ~QUESTfNG PARTY: ,,', ' , N~me. F~~ FEDERMAN, ESQ. Address:,O~ PENN CENTER AT SUBURBAN STATION ~,( I llin,mHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 12248 "__"_""'__';"" ,'_'""",:,,, b',',:-," '0 >,d",tl-Hii9c':'Ji:il![-"'"' -'""';-;,r.!l\~'iilil~'~+_'f:f"",,;;ll<.~~~ihL-J IlfIJitJl . Real Estate Sale #58 On March 15, 2002 the sherifflevied upon the defendant's interest in the real property situated in Momoe Township, Cumberland County, PA known and numbered as 670 Laurel Drive, Boiling Springs and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 15,2002 'cLuJM:d:L i.:al~Estate Deputy By: \' I. NV \1!~H~t3 d , ZO. Ii,! 61 Z\ ~,ll~~ , "'_~\"'WD "iNn" ,," ~"";"I '.10 ,-, , j'\\ "",I ~ jj1ll3HS c"" ,,~ Jill" _~~, ___''',^,"~ O,'~ .~,." ,_'O_.~" ~_ _, ,-'_""_','",,.'TO_'" ,,,,,,,,<,,,''''.Ioo,,<''-'-h!,"_..~r'"' {>-'.,._ ,'~ ~" "" h o. "7, _" ~".. --~ lIB!'" (lI!lfl c;:;:;] c:v\I c:;:::2 (ii) GViJ t" , THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he Is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business _at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and~ Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were~ estabiished March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, piace and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duiy authorized and empowered to verify this statement on behaif of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ~ ./ z::;= ~~.....~........................'"......................... . t 17th da of 02 A.D. PUBLICATION COPY SALE #58 --J; - --, '~';I.,:- '~.sAtE.-Nf ~--"\ -j," dr.H-".'-m~t";',:'~,'_'''-:.-&.'JI'l~',,'.', 1t!N ' ,'l , ,~.~ '1~: ' :'{;.~L~~ --:-~~":'~~ i,to-:-; .' -;.">' .!i!tL'" ?J,_..{.ltJl.~ t t'~ _ 1,~'-" '1'1;: r,;>!i .:~t. l'-'~::" j~::1~:l '.'", '_ .,~~.:~ ", ; i~ }~,l. :; z~:-.-im '.<i ~':g~;' ,'_k )' .'!llml;-:m~ ... ~~" ill",.!' 1 ",ii Notarial Seal Terry L. Russ~lI, Notary Public Harrisburg, Dauphin County My Commission Expires June 6 2002 . My commission expires June 8, 2002 Member, Penns.ylvania AssIxiation of Notaries " CUMBERLAND COUNTY SHERIFFS OFFiCE CUMBERLAND COUNTY COURTHOUSE ,. CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For pubiishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 230.40 1.75 232.15 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... - ""LESTAiI: "'.sa Writ No. 21)j .92 IF'" '. <;IvllT"rm :-c~~ GMAC Mortgage .:arp. , vs Judith A. Prescott and . __ __ James_H. Prescott ~;_;.'''''''' _~- -A.tty: Fr~k Federman !:l)t.~CRIPTION _1\LL_~CERTt\lli{9tQrtr~t9fgroundsituate - jiJ 1funroe Township, Cumberland County, Pennsylvania, and more partlcularly bounded and -::"descdbed as follows by a survey of Rodney Lee , Pi;cker_@dAssociatesRegister~Surveyor,dated ;i.M",lt9.1919. - BEGINNING ata point on the western line afme cul-de-sac situated.atlhe northwestern tenninus of =-Uu,rel Drive, and at lhe_4ivlc1.ing,r line between.Lots o__t\os'.jDJlnftJ14_~:t~~V1Lcn sai~ plan; \hence b~ _TIle-arvfdliiglinebet:WeenlotsNo.s.373and374as :JhQ,wn as said Plan South 36 degrees 10 minutes ~e5t294~2.1 f~.,Uo,apo..in.7.t' ili.,.n." b.Y olherproperty 2!pw or (ormgrly .Q(P.en!1rrSJP)JcJs Corporation North _-1.7 degrees 44 minut~_West 175.,23 feet 10 a point; ::':'thence.c.ontinuingby_other'pro~_noworforrnerly ::otPe!ln Prodllc\~.corporation North 04 degrees 00 ~minute:sWest285.00!eetloapoint;thencebytbe ~iyjdin-s~ineAet\'f,e~L.ots NQs.:m ilPg 374 as . ~onsaia.jlJl!.ILS.outh:ndegrees55minutesEasl- S43.01J"eettoa~ntonthe western Jim:ofsaid C1II- .1115lry'f,Iie=W~,~tif~9fsai4,c..~? ---:-:a.Qli1.'7etotJiele'ff1iavingaraalUs,of50.b~ ..,,~... . ~.!!J\2 "ulliJg.~....sJ, .?J'.Q!!I~ n1e p'J~9f B~GINN1NG. [~acres ___ ______ _____ _'_ otNo. 'J13 as shown laon the Plan ofLotl ~;(Section "if' of White _~ockAc;u:s dated SeptembeI w.w and recqrded ill Clll,l1.jJerland County Plan !o BOOK25,Paze 37. _,' __ . , ;:TA1(.BIRCEL1I22'3).1ll43,041 ~II ~1-=E1'Q'SAID premises is vested in_James H, ~cottandHJudlthA.Pr~tt,HusbandandWife,_ ""Q]JliOO1rom Gary L. Gross 13 and Ruth M. Gross, _ fiX hei~wer ~f attom,ey,_Gpry L. Gross, Husband ~a"Wlfedated9124J99,brecordoo9129199,inDero i=~~.k VOlurpe 109 p:dg~_6<i6. 0l:I!i;~ -~-~- I" ", I "c '__" >~'"',~ -'; ~~"",~' 0_ ~--~':l"~_:li' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : SS, COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law J oumal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: APRlL26, MAY 3, 10,2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ----- SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002 N~SEAI. LOIS E. SNYDER, NoIaiy Pub! CariisICl Boro. CI.II!IbeIland Countlr My Commis8Ion Expires MardI 5, 2(105 REAL ESTATE SALE NO. 58 Writ No. 2001-6592 Civil GMAC Mortgage Corporation vs. Judith A. Prescott and James fl, Prescott Atty.: Frank Federman DESCRIPTION ALL THAT CERTAIN lot or tract of ground situate in Monroe ToVlIl~ ship, Cumberland County. Pennsyl- vania. and more particularly bound- ed and described as follows by a survey of Rodney Lee Decker and Associates Registered Surveyor. dat~ ed MaJ.'ch 9. 1979. BEGINNING at a point on the western line of the cul-de-sac situ~ ated at the nort.lnvestem terminus of Laurel Drive, and at the dividing line between Lots Nos. 373 and 374 as shown on said plan; thence by the dividing line between lots Nos. 373 and 374 as shovm on said Plan South 36 degrees 10 minutes West 294.9 1 feet to a point: thence by other property now or formerly of Penn Products Corporation North 77 degrees 44 minutes West 175.23 feet to a point; thence continuing 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 divid- ing line bem.oeen 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 line of said cul-de~sac; thence by the western line of said cul-de~sac by a curve to 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 to a point. the place of BEGINNING. CONTAINING 1.859 acres. BEING Lot No. 373 as shown on the Plan of Lots of Section "H" of White Rock Acres dated September 6, 1973 and recorded in Cumber- land County Plan Book 25. Page 37. Tax Parcel #22-33-0043-042. RECORD OWNER TITLE TO SAID PREMlSES IS VESTED IN James H, Prescott and Judith A. Prescott. Husband and Wife by Deed from Gary L. Gross and Ruth M. Gross. by her power of attorney. Gary L. Gross. Hus- band and Wife dated 9/24/99. re- ,corded 9/29/99, In Deed Book Vol- ume 208 Page 646. ~~~>:l ,_._~~" """"" '" == .. GMAC Mortgage Corporation VS Judith A. Prescott and JaInes H. Prescott --..1_' " " ~. I ~' ~'-" ;'i~ij~r;ll'il~"", In The Court of Common Pleas of Cunlberland County, Pennsylvania Writ No. 2001-6592 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Fr3I1k Federman. Sheriff's Costs: Docketing Surcharge Law Library Prothonotary Levy Poundage 30.00 30.00 1.00 15.00 1.52 $ 77.52 paid by attorney 01/03/03 Sworn and subscribed to before me This 'i'~ day of CfAm M"j 2003, A.D. {)'f" a ~/~ Prothonotary SOAn~ ~~.>. _/'/;'/ ~ /-:h7 ~1'~.-..-c.(~ R. Thomas Kline, Sheriff BY \..10 ol~ Smit~ Real Estate Deputy I.~ ~ 3'1355 L. /3"?r37 . ;;c'" il!I..'- ~'"""C~~ '"~"... 4!!1 ~, 'j, "' ""(-' ,~ ""~~~,,> , . GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS -.::::'---....- JUDITH A. PRESCOTT JAMES H. PRESCOTT CIVIL DIVISION s NO. 01-6592 CIVIL RIFF' . ".. ' '. t~" ,'~ C GjpVURS~:T 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 infonnation conceruing the real property located at .670 LAUREL DRIVE. BOILING SPRINGS. PA 17007. 1. NaIne and address ofOwner(s) or reputed Owner(s): NaIne Last Known Address (if address CaImot be reasonably ascertained, please indicate) JUDITH A.PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, P A 17007 JAMES H, PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 2. Name and address ofDefendant(s) in the judgment: Same as above ~ ~'.~ ~' , -' _.IooIl ~l~_, ,~ " 1:". "'1 D'L ~ ~ ~ Ci~ ""'[ ,< .. ;'~,~' ,,:\ !W,.*,- , 3. NaIne and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NaIne Last Known Address (if address CaImot be reasonably ascertained, please indicate) P.O. BOX 3076 COLUMBIA, MD 21045 5 KLING LANE SHERMANSDAJ,E, PA 17090 FORD MOTOR CREDIT COMPANY PETER KRIZ THE ZOO ZONE CAMP HILL PLAZA CAMP HILL, P A 17011 PA DEPT OF REVENUE, BUREAU OF COMPLIANCE,CLEARANCESUPPORT SECTION, ATTN: SHERIFF'S SALES DEPT. 281230 HARRISBURG, P A 17128-1230 4. NaIne and address of last recorded holder of every mortgage of record: NaIne Last Known Address (if address CaImot be reasonably ascertained, please indicate) NODe 5. NaIne and address of every other person who has any record lien on the property: NaIne Last Known Address (if address CaImot be reasonably ascertained, please indicate) NODe 6. NaIne and address of every other person who has any record interest in the property and whose interest may be affected by the sale. NaIne Last Known Address (if address CaImot be reasonably ascertained, please indicate) MONROE TWP. 1220 BOILING SPRINGS ROAD MECHANICSBURG, PA 17055 WHITE ROCK ACRES CIVIL ASSOCIATION,INC. RR 1 BOILING SPRINGS P.O. BOX 443 BOILING SPRINGS, PA 17007 !ifW N~~' """'" '. ~ . ~',~".~ ~ ~. ~. ~I~ I, ,.1 ~ ilI:i'[IJ- ---'.~,.>~*~, t 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 th~ sale: NaIne Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 Domestic Relations of Cnmberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 24, 2002 DATE ~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff "" ,It!;;;;, -'--"'''''-"'-- - ~~"" - "~ .I _ ,~, i.. ~- , -'"">'--""'~""'""''''''''''~~.oj'' ,. '!' { GNlAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 01-6592 CIVIL JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s). October 24, 2002 TO: JUDITH A. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 JAMES H. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 -'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 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. P A 17007. is scheduled to be sold at the Sheriffs Sale on 3/5/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $146.056.41 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an aImouncement 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: 1. 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.) 1&& ~. : ,1,. -' .',--' ,', "-'l."~""'~B"', ". t 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 aInount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the aInount 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 aInount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 Nf; , , ~.~~ - ,. DESCRIPTIO" ALL THAT CERTAIN lot or tract of ground situate in Monroe Township. Cumberland County. Pennsylvania, and more particularly bounded and described as fotlows by a survey of Rodney Lee Decker and Associates Registered Surveyor, dated March 9, 1979, BEGINNING at a POiPI on the western line of the cul-de-sac simated at the northwestern terminus of L3ureI Drive, and at the dividing line between Lots Nos. 373 and 314 as shown on said plan; thence by the dividing line between IOIS Nos, 373 and 374 as shown on said Plan South 36 degrees 10 minutes West 294.91 feet co a point; thc:l1ce by other property now or formerly of PelUl Producrs Corporation North n degrees 44 minutes West 175,23 feet to a poim; thence CDntinuing by other properly now or formerly of Penn ProdUCTS Corporation North Q4 degrees 00 minutes West Z8:U)(} fect to a point; thence by the dividing line between Lots Nos. 373 and 374 as shown on said 't>lan South SZ degrees 55 minutes East 343,01 feet to a point on thewesteru line of said cul-<le-sac; thence l:ly the western line of said cul-de-sac by a curve to the left having a radius Df 50.0 feet to an arc length of SO.OO feet and a c\1ord a length of 47.94 feet on a chord bearing of South 30 degrees 59 minutes East to a point, the place of BEGINNING. CONTAINING 1,859 acres, BEING Lot No, 373 as shown on the Plan of Lots of Section "H" of White Rock Acres dated Seprember 6, 1973 and record.:d in Cumberland County Plan Book 25, Page 37, Tax Parcel #22-33-0043-042 ~CORD OWNER TITLE TO SAID PRBvIISES IS VESTa:> IN JaIlles H. Prescon and Judith A. Prescott, Husband and W'~ b Oeed from Gary L. Gross lIlld Ruth M, Gross. by her power of attorney. Gary L. Gross.l~Ullhand and Wife dated 9i24/99, recorded 9/29/99, in Deed :Book Volume 208 Page 646. ,7~~.i'.\ .~'~ "~" '~'_~"- "'~~~ , .J o,_.~~~." iIlOi,; li1ih'RI~:-im;~~~..tH;t;",~ - , WRIT OF EXECUTION and/or ATTACHMENT ... - 1 COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION Plaintiff (s) From JUDITH A. & JAMES H. PRESCOTT, 670 LAUREL DR., BOILING SPRINGS PA 17007. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE NO 01-6592 Civil CIVIL ACTION -LAW LOCATED AT 670 LAUREL DR., BOILING SPRINGS PA 17007 (SEE ATTACHED LEGAL DESCRIPTION) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $146,056.41 L.L. Interest FROM 3/13/02 - 3/5/03 @ $24.01 er diem @ $8,595.58 Ally's Comrn % Ally Paid $857.74 Plaintiff Paid Date: OCTOBER 30, 2002 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) By: REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: 1617 JFKBLVD., SUITE 1400 ONE PENN CENTER AT SUBURBAN STATION PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 -"j ,~, 'c":,,,"<'{Lj'i'~',,-'djitE.Ji~ifidih$lo~'~::h;'iIW~~~5l<-,--~AAi~i'i!Il~lMl\iIiI;iLL '.II:'""" ' -'f lil!ii14 i i ~, ' " , REAL ESTATE INSTRUCTION SHEET ",-SALE # 21 ~" "tNo. 2001-6592 Civil Term GM Mortgage Corporation -vs- Judith A. scott and James H. Prescott 670 Laurel D ' e Boiling Springs, SERVE: Real Estate Judith A. Prescott 670 Laurel Drive Boiling Springs, P A 17007 ~ Person Served: Address: James H. Prescott 670 Laurel Drive Boiling Springs, P A 17007 Person Served: Address: / Post: Real Esta.te Writ, Notice, J!oster and Description on property loca d at 670 Laurel Drive, Boiling Springs, P A 17007 7 . / Date Posted: .I i / Time Posted: " ", " " \ \ " '\ "", " ", " '"', " "....., " " / , Mail: By Regular Jf~il the Real Estate Writ, Notice, Poster and Description .' James)t. Prescott 670 iaurel Drive " ~p'lling Springs, P A 17007 //' Date Ma.iled: Date Returned: Judith A. Prescott 670 Laurel Drive Boiling Springs, P A 17007 iF IJO .,., ... Date Mailed: &JIJi' Da~~~ttlmed: '" , :lb.' ,,,<;t.:)}) - '"~". "~ . ,_, ,~""""~,,,,I~,,, " ,,~, ,","~, "M,"'~~ ~ ,~' .. ",~~"~", 0 -- ,..-.",^,,- "',. ".~~ ~ ~" , 1 Lli& ~;~~'.II' ~ Real Estate Sale # 21 On November 4, 2002 the sherifflevied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, P A known and numbered as 670 Laurel Drive, Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 4, 2002 ByJDdlj~1 Real E~t~M Deputy ?J r- -'-''''~ ~, "', ... fi}/lf/U@u -....... ''J\\ ,- - ~. :L - -. ,~' ,,' "+', ~;::",,,~'G,, },~, . . FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (7 l~~ ~1i1-7000 ATTORNEYFORPL~IFF COURT OF COMMON PLEAS CIVIL DIVISION GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 TERM Plaintiff v. NO. DL - 1..59'J......., C3~lll~ CUMBERLAND COUNTY JUDITH A. PRESCOTT JAMES H. PRESCOTT 670 LAUREL DRNE BOILING SPRINGS, PAl 7007 Defendant( s) CTVTT, ACTION - LAW COMPT.A TNT TN MORTGAGR FOR1<TT ,OSTJRR NOTTCR "*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 REAl'FIRMED, 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 #: 306766150 n;,,~" ~ .,- - ~~" .. 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 DElFENDANT(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 COMPLAJlNT. 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. ,-,,, -, ..,.....;; .':~ .,.,' ~-",;"" '~'i';.c.;;;.,;,:~~:,i M, "d.- ~ ~~"' - ~, - _~ n_ ,..,- '-'.rt~";:; .. 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 2. The name(s) and last known addressees) of the Defendant(s) are: JUDITH A. PRESCOTT JAMES H. PRESCOTT 670 LAUREL DRNE BOILING SPRINGS, P A 17007 who islare 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 4/1 0100 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 5/1/01 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. !;:m, "~...~"""'"' : ,I ' ,>~, ,'..., , ,.._ ~-, ,~..'" , , "';'~'; .. 6. The following amounts are due on the mortgage: Principal Balance Interest 4/1/01 through 11/1/01 (Per Diem $32.24) Attorney's Fees Cumulative Late Charges 9/24/99 to Cost of Suit and Title Search Subtotal $132,581.09 6,931.60 1,250.00 318.72 5.5JLOO. $141,631.41 Escrow Credit Deficit Subtotal lfi9..32 $ lli9 '17 TOTAL $141,800.73 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 Sheriff's 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 $141,800.73, together with interest from 11/1/01 at the rate of $32.24 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. }~f~~L /~/ Fnmk Fp.i1p.nn::m FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '~ ~,-"~.=-"~ - I,,'; ,J . ~..." - _-.,t. ,-~'~,.;..~_" ~l-"hf~:Fj ..." . ALL THAT CER-rAIN lot or tract of ground situale In Monroe Township, Cumber1and County, Pennsylvania. and more pal'lfcuJarly bounded and described as fallows by a survey of Radney Lee Decker and Associates, Registered Surveyor, dateel March 9, 1979. BEGINNING at a pOint an the western line of the cul.de-sac situated at the northwestern terminus of Laurel Drive. and at the diViding line between Lots Nos. 373 and 374 as shown on said plan; thence by the dividing line between Lots Nos. 373 and 374 as shown on said Plan South 36 degrees 10 minutes West 294.91 feet to a paint: thence by other property now or formerty of Penn Products Corporation North 77 degrees 44 -,-"... \^'~~' '7< 7'> 'QQ""" ,nninl' I"MCa cantinuino bv otherpropel1Y 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 ~"d 374 as shown on said Plan South 82 degrees 55 minutes Easl343.07 feet to a point on thewestem line 01 said cul-de.sac; thence by the westem line of said cul-de-sac by a curve to the left having a radius of 50.0 feet to an arc length of 50.00 feel and a chord a length of 47.94 feet on a chord bearing of South 30 degrees 59 minutes East to a point. the place of BEGINNING. CONTAINING 1.859 acres. BEING Lot No. 373 as shown on the Plan of Lots of Section "H" 01 White Rock Acres dated September 6, 1973 and recorded in Cumberland county Plan Book 25, Paga 37. UNDeR AND SUElJECT 10 easements and restrictions of prior record. BEING the same premises which Seymour Kover and Judith A. Kover, husband and wile, by Deed dated November 18, 1993 and recorded November 19, 1993 In the Office of the Recorder of Deeds In and for Cumber):md County In Record Book Q-36, Page 722, granted and conveyed unto Gary L. Gross and Ruth M. Gross, Grantors herein. BOO~ 208 F.lGE 646 PREMISES BEING: 670 LA1JREL DRIVE '~ "s~"', ~ ~ - -. 0,1 . .,= ~ , ~ -,~ ". - ',~" 'll1fidf"rlif"-".l;;F,, . 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 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. ~ ~+.: .11hD;'./MJ DATE: "!''I/OI ,- " ~_~!{"_: kJ~i1~'~~"'lH~.;;sH;I1K',~""...ld>i!H">--:';''''''' ";;~':\+;'"''',.e'~J:.';";wi'''',,~,hi:i","*,,"~''-:'''"''''' ,'",- ;.,,,, i:J'ilI~. ,~~.<.. '~~ ~, g~lJ" ..f.llb::iJ' "''''~I IBl!t,! ..... ~ (.) ~ -cq. 0 0 qB ti ~ c .z:. s - --1 ~- ~ 9 ,J8 a ::\:1 rn("l <:: ",. CI) & z::r:l r-,) --",;m g ~5; --Cjt.'J ........ ~ V, <T> .j ,1, ..... f f" Q, r-'-J :;;:i::'f, ..0 I )f; ;~ "" ~::5 ;:'1 0 6' ~ ~,/ ::1: "'7'- ) p.. r €=O C5 Om " ~ .Pc --4 ~ ~ C" ~ 1- '" :..: ~s ,L, ._ _ ~" ~~_, '~'~<'",,~c ."''','~,. ~',~,"" ", ~ ~, ,~,,"'" ''^" . ,'=,' ,,- ~.~, ,~" ,.. ,,,<,.~,...,,~, ',~~ L'ii;:;__~. -. ~.1 .~ ,,J- ~, , . ;'I!tlvl)i'i..~j: '" FEDERMAN AND PHELAN, LLP -'By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 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, CIVIL DIVISION v. NO. 01-6592 CIVIL 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 ofthe 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 11/1/01 to 3/12/02 TOTAL $141,800.73 $4,255.68 $146,056.41 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. ~'~UffiE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. /) kc..~ DATE: fYl.';gt) ('1 12, ;)..CXJd-- ~~;.J '~c;;;- PRO PROTHY Ii&!. ~- '~,..",.'"~, __'4"" ,~ 'fujj""~ ' ,... ]. - ~r~'~ ,~J, ~ . "' ,i~ ~' '~~~~ti;i t~ FEDER~~~ AND PHELAN 'Brank 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 DATE OF NOTICE: DECEMBER 19. 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN }ll~ ATTEMPT TO COLLECT TEE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMF.TION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BA1~~~UPTCY, 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 anoearance nersonallv or bv attorne'1 and file in wyitinc w~th the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cafU10t afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCL"..TION 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 --I -f. l> 1 ii", F~_ .I' - ":' 'L,. .' f ~ /~, L. 'l Frank Federman,Esqulre Attorney for Plaintiff .~' - "~. ~ ~...~ , " ~ .', 1 '>c"". .;~~ ~"';ir.~ktii;l~o' ~EDE~Ju~ 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 CC~CMON P::'2l'.S GMAC MORTGAGE CORPORATION CIVIL DIVISlON Plaintiff CUMBERL&~u COUNTY vs. NO. 01-6592 CIVIL JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s) " -o3l TO: JUDITH A. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS,PA 17007 " DATE OF NOTICE: DECEMBER 19. 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECe A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HER2IN, AND ANY INFOro~.TlCN OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HA'JE PREVIOUSLY RECEIVED A DISCHARGE IN BAN~~UPTCY, 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 e~ter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forch 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: ClT?vlBERLA...'m COUNTY ClJtvlBERLA1'H) COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ., - . ,/(- .(., - ~ . 7 /'..( I ~ (,' ~~ ;' _r (c< I~ ;/ i., ' !~ ~ l Frank Federman, Esquire Attorney for Plaintiff ~.-;;;- '.= ~- .' ~~;- ~ I ~ 1~ . " ~,,; < ,'.~". '.' "t(~~, FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SillTE 1400 PIDLADELPIDA,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. 01-6592 CIVIL JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s). VERJ[FICATION 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 ofthe 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, PA 17007, This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ;::;-~ 1~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~. ^'~~ .~ ''''.- =. ",' I;" -" :,j ,,~ ' ~ ,""" M!\\,ll:~.l\l~'-'IMtL (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION 401 MILE OF CARS WAY CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 01-6592 CIVIL 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 (Yl';ow rl. I, { 200J... , L:Z yC ~: a.,."p .~ DEPUTY 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 **THlS 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 CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ';t: ~.~.~~~!iWo'-;!ii-b"'n,u1i1'~,;;""I'_{-& 'c,_",.g;I-"')'""";<<";('i"k'""",~"Mh;;",\\,/,,1if-S&~E',-Wl!iJUrr-~1li"~.<~""nil" , illoi''4lili.m!l!li\lllr~b'-''''''f'i~l\ ,'^,~'~. ..,- ".._=~"~ ~<.",,"- ~ ~ ~ ~ ,).J -t "'-f:J"'9.. ~~6 ..... D ~-u tF ~ ,,-,.. ..-"-",, -,. ~" ~-,~, C) (,:, 03iJ~ "'-,~ ,.!~ zc- ~i~\' .:;:; ~~~ :~ --< ~.. ,'~'~,,,~,- >" ,",'"" :l_ - ,-. _0 () \"~,l :'~ !,:'> ~"',-, 0c ::"1_"" '0 :~~;~'ri ,::;~~ "~., =< ~.'~M ~..,;......'~ ' ~ ~M "'\ >' . " ~ ,L -, _'if-- ~ " ,~o' ""1"," r'fri~"J PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3I83 GMAC MORTGAGE CORPORATION Plaintiff, v. JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s). No. 01-6592 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/12/02 to 6/5/02 (per diem -24.01) TOTAL $146,056.41 $2,040.85 and Costs $148,097.26 ~l~IRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. t~ 1f~~~'~~d~~~~M:1#&~-Jifl\,t"~',.-,S;;:-si1'.-i,:"3"-%\'f';;M_-'."'!~1.'.1!k-S':>J~..'\1-!""J\f"",;,*,.m,g~MJl{2 ,,~" """..b.;",,-'" - "'~' ~ ~ 0; "'~~'Ieti~ "Ji~!Mi~td!i.f - '"d'_.~' C) ("..;: 1"-1"- <:><:> <:><:> 1"-1"- .... .... <-< ~~ 0000 CC ZZ ~~ ~~ ...;:$ rFlrFl Z CC OZ ZZ rFl< Z 0 .... .... <> 0 .... ..:I...l E-< .... .... f;I;l..:l .... ~ 00 E-< ..:1>< ~ U Il:l~ -d ~rFl E-<E-< ~'E' ..s..s '" ZZ E-<E-< ~ t: OZ 0 00 f;I;l = >> '" ~~ ~ Uu '" ~ ~~ '" ... 0 = '" ~ . 0 rFlrFl 0"" 'OJ ~~ .n ~~ - 01: U '" ~ ..:I..:i >-. E-< .. " .; ~~ .... ~~ S UZ f;I;l ~~ <8 ...~ C > <:= '" ~~ >-. ~:;;J .... 00 < '" '" C ::t:rFl i:l::i~ 6 << go E-<u ~ E-<f;I;l 0.... 0 ..:I...l Po i:l::i~ S~ ... ~ ::::: <:> 0 '" ~~ -< I"- I"- .... 0 f;I;l~ '" 10 '" 8; ~ =;... ~'-' ~ .... u u '" f;I;lf;l;l '" < f;I;l '" ::t:1l:l .;; .tJ E-<~ ~ ~ '" ~ - c .~ z~ ~ ~ ....u ""::~ '- ~; ~~3Il ~i ,)0- ~:~ -, [) , ~ 0]-J ....J. ~ ~ ~ ~: '''.~... 'f1J'~ ~j~ () I I I 3~8~8a ~~~~o:.c) -- " ~ ~ , - , c',,'\ CJ - - " ~ - '---' Ii ., ~ ____ ...I. " ~. -.' - IlIIi) , . . .r. ~ ~ ~ <[ ~ ~ ('( ....... ~ -- . DESCRlPTIO:-; ALL THAT CE.Tl.T....l"S lot or trac~ of ground situate in ~!OJlIoe Town.sbip. CUI!'.berl:u'1d Coucty, Pennsylvania, and more partiC'J.larly bounded a.'1d described as fonows by a survey Clt Rcdc.ey Lte Dedcer and Aosaclates Registered Surveyor, dated I'vlarch 9, 1979, BEGIN'NI~G at :l poiut on the W~lem line of the c:ll-de-sac simated at the northwestern terminus of L1.urel Drive. and at the dividing line ber'",'een Lars ~os. 373 md 37.j. as shown en said plan; thc::lc= by thl:! dividing line betwl:!l:!n lotS Ncs, 373 and 374 as shown an said Plan Sou.th 36 degrees 10 minu.res WCSt 294,91 feet to a point; thence by other prope1"tY naw or formerly of Penn Produc:s Corpontlon :-larch 77 degrees 44 minutes West 175,23 fee~ to a point; th<:-,..ce continuing by other property now or formerly of Penn Produc::s Corpondon North 04 degrees 00 minuteS WeSt 28.5,00 feet to a point; thence by the dividing line between Lots Nos, 373 and 37~ as shown on said Flan Soum 82 degrees 55 millutes East 343,07 feet to a point on the western lh1e of said cul-de-:!ac; thence by the western line of said cul-de-sac by a curve to the left havillg a radius of 50.0 fee~ to an arc !engtl1 of :50.00 feet aru;1 a chord a length of 47,94 fee:: on a chord bearing of Scuth 30 degrees 59 minutes East to a poi!1J:, the place of BEGI)lNlNG. CONTAINl;'iG t, 8S9 acres, BEING LOt No, 3'73 as shewn on tile Plan of Lol:S of Section 'H" of w'bite Rock Acres cbted Scp=b<:r 6. 1973 and recorded ill Cumberland County Plan Book 25. Page 37, Tax Parcel #"'..2-33-0043-042 RECORD O\VNER TITLE TO SAID PREMISES IS VESTED IN James H, Presco,lI and J~irh_ A. Prescott, Husband . W'fe by Deed from Gary L GrosS and Ruth M, Gross, by ner power o~ attorney, Gary L, ~s~.lHlISband and Wife dated 9/24/99, re!:ordt:!d 9/29/99. in Deed Book Volume 208 Page 6...6, !.~J~ ~" , I, 0 J , , , ,",;;', --"~ ---;. ~Y " -0 C"'lJ:ll"il!i'j~i'1, f t ., . GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS JUDITH A, PRESCOTT JAMES H. PRESCOTT CIVIL DIVISION NO. 01-6592 CIVIL 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) orreputed Owner(s): Name Last Known Address (if address CaImot be reasonably ascertained, please indicate) JUDITH A. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 JAMES H. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, P A 17007 2. Name and address ofDefendant(s) in the judgment: JUDITH A. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, P A 17007 JAMES H. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 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) PADEPT.OFREVENUE BUREAU OF COMPLIANCE CLEARANCE SUPPORT SECTION ATTN: SHERIFF SALES DEPT. 281230 HARRISBURG, P A 17128-1230 'J d!l~ "~ ,-- ~illi;J~,#'; ll- 4. NaIne and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 5. NaIne and address of every other person who has any record lien on the property: NaIne Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. NaIne 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: NaIne Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 670 LAUREL DRIVE 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, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 12, 2002 DATE ~~/~ FRANK FEDE AN, ESQUIRE Attorney for Plaintiff .~ . , ';~II~IF~wIiMj@~!~fi~.yJIii;~L~h""'''''';'''i..'it,,;",*il~~iX-*~M1Ii~d::)o'~''*j,;;t?--"'''i,1J-<;,,,,,t,,,.~;'n,,,,,,.,:)'[foiiL~jjli3L< Ub,_ _ , <,' 0 ," ~ d" "-~~" r ; '':HllQrll_';'-'"~~tI~ ~~.l --~ ,~~ ,'~y~,,~ '~1iI- o f'; ri~ ~~. ~~. ~~ ~, r: ~~2 -7 ~::i -< . ~""~tM:, .. ('~ () r....) :.i": '71::'" :::0 C:" ~r: rv (;::J - ,,_..... .. '-". -~, - - . "~ I ," - ~' ,- ",,,' " ';U!I~~~;';;' . 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 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION JUDITH A. PRESCOTT JAMES H. PRESCOTT NO. 01-6592 CIVIL 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 o 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. :l /UfJ ;;)-~ FR'ANK FEDERMAN, ESQUIRE Attorney for Plaintiff "" , , " '.L""'M"';"'" , ~~\A~;-i~'fCji~~;;~~~j;<w,""'M#j,!k~"'/l."')/t:,% -.:, ~,~",=!;,"' , , "" "'.~ 'i'_"",,',~~ "''&''''''''''~~1IK;0"jIl-ffl~~'''':_'-'''W,' "ill' 'i:J!"'" ~~ ^..' ,,~ --^,~. ".'~ "" ,,=,' ~"""1iI~1<;ll1l>~~"'""""'L:'-" ~,- " ~ -"''-'' "II!lII' (') C ::;.-;.- ''''0 (:C1 ~2j~r -:? c- ~, ~;:; G. "- <- ~~-2, -';r" ~ .-<: (:) f....J ~-....... (..I ,,<, "'~ IIIft:t ~~) , _.'l ':"-.:> C) ~ -< ~ ~~ ~.~,~~,..~ , - ~ -..,..,--.. " ~. ~~ I, , ;J , ~l ""~'.' " """~"": MIt~~,.- 'GMAC MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 01-6592 CIVIL JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s). March 12,2002 TO: JUDITH A. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 JAMES H. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 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, P A 17013, to enforce the court judgment of 146,056.41 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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. 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.) Jj; -':ll6'- , ~ ,~ .....r~.........~- 1'1 .",', -":,L~j 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 fila) 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 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 T ~. nESCR1PTIO~ ALL THA T CE...~TAJ:.i lot or craa of ground situate in :'!Olll'oe Township. CUI"'..berh11d Courrey, Pennsylvania, aI:d more partic'.llarly bounded and described as follows by a sur...ey of Rod.c.ey Ltc Decker and A~SOClaces Registered Surveyor, daced March 9. 19'79, BEGIN'NI~G at a point on the w<:Stern line of die cal-dc-sac siruared ar the northwestern terminus or Laurel Drive. and aI ebe dividing lli1J: be1:''''~een Lacs N'os~ 373 lnd 37~ as shown en sma plan; die:lce by eb" dividing line berween totS Nos. 373 and 374 as shown on said Plan Soudi 36 degrees 10 lIlinutes W~t 294.91 feet (0 a poine; ebence by other propert)' now or formdy of Penn Produc:s Corporation :-';onh 77 aegrees ~ minu~s West 175..23 feet to a point; the:lCe comin~ing by ather propeny now or formerly of Penn Products Corpor:lnon North 04 degrees 00 minutes West 285.00 feel ro a point; thence by me dividing line between Lots Nos. 373 and 374 as shown on said Plan South 82 degrees 55 minutes E:LSt 343 ~ 01 feet to a point on thel western line of said cuhte-sac; !bertce by cbe western liM of said cul-de-sac by a curve to thc left having a radius of 50.0 feet co an arC Iengtll or 50.00 fed ana. a chord a length of 47.94 fee: on a chord bearing of South 30 degrees 59 minutes East ro a point. Elle place of BEGI~NING~ CONTAINL'IG 1, 859 acres~ BEING LOt No. 313 as shown on rlle PLm of Locs of S.;!crion .H" of \Vbile Rock Acres dated Sep=~r 6. 1973 and recorded in Cumberland COUIlly Plan Book 25, Page 3'7~ Tax Parcel #22-33-0043-042 yeORn OWNER TITLE TO SAID PREMISES IS VESTEO IN James H. Prescoa and Judith. A~ Prescott, Husband and Wife by Deed frat'll Gary L. Gress and Ruth M. Gross, by ner power o~ attorney. ~y, L . Gross. Husband ::md Wife dated 9/24/99. recordci 9/29/99, lD. Deed. Book Volume 208 l'~g" 6'16. ~~~~~~iiit-Y~~d'lP$!i#jg"iMI(m..JJjilt"',*,-'-;"!l"&!i-";f,,,,,-.',j~k~","""'i-\b~"';':~W,,',g~" ~" f Il - . '~~__~_'_','_""'_~A",'~,. ~ v_ ,"." lJlln;f "~1~ ~,,' _L ~ , t"ikil~lJIHiI;! ~i:~OOl"tt!t '-oLe ~;Y ~~~~, r;c,: <- ~~i -( "_ ~N,', III (') C ."~,,~ (.:..:~ :.......) _.--,~ Ti; ~" v :(';',,, 1'-) (;:\ - " , - ~ k, b ,I, ., , ^,,;;,~,'" - "~'--"~.r~:""""'i&;nfM;: GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS JUDITH A. PRESCOTT JAMES H. PRESCOTT CIVIL DIVISION NO. 01-6592 CIVIL Defendant(s). AMENDED 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 ofthe date the Praecipe for the Writ of Execution was filed the following infonnation concerning the real property located at .670 LAUREL DRIVE. BOILING SPRINGS. PA 17007. JUDITH A. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 I. NaIne and address ofOwner(s) or reputed Owner(s): N aIne Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES H. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, P A 17007 2. NaIne and address ofDefendant(s) in the judgment: JUDITH A. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, P A 17007 JAMES H. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, P A 17007 ""....' l , ~ - , ",'~'-~ -,," - -- ~ t -" ~~:~ 'Hi 1J -...j,~: 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 CaIlnot be reasonably ascertained, please indicate) PADEPT.OFREVENUE BUREAU OF COMPLIANCE CLEARANCE SUPPORT SECTION ATTN: SHERIFF SALES DEPT. 281230 HARRISBURG, P A 17128-1230 P.O. BOX 3076 COLUMBIA, MD 21045 FORD MOTOR COMPANY PETER KRIZ & THE ZOO ZONE 5 KLING LANE SHERMANSDALE, P A 17090 CAMP HILL PLAZA CAMP HILL, PA 17011 MONROE TOWNSHIP 1220 BOILING SPRINGS ROAD MECHANICSBURG, P A 17055 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address eaIlnot 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 eaIlnot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose intercst may be affected by the sale. Namc Last Known Address (if address CaIlnot be reasonably ascertained, plcase indicate) None. .O~ __ -~ . .",.,~; . iI!lI"""-'-"""'''''''' -l'~, 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: > NaIne 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, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. APRIL 29,2002 DATE ~~~E~~~Qi7~ Attorney for Plaintiff ,,~ "b;~~;_~~rel,"~rM'@{~~~~1'4ii"I<i:\~,i:&{'l%,)'i;iW,'t;::;;",j',,~; "",~,.- '''''C0,Z":.'r:4;',D!,,r-i>*e1ffi;~ IJ ~-'L~~"~~.;o" '~='''''''''"",,~,i;ti\1:1!iJi'.i~''1G::S',~'JjJiill~':'-'''' - -, ;jL~~, ,~ -, ..",P,,~, ',_ ,,~,',>~' ,d'__ ~>" "'~ . "~ - ,~ ,~ () ~; !w ~(- ~~ );::: "'" ,~, .~_." - iIIIm' ,-, f~ {~ .1', ,'= i t'\: :J1 '-J ~~:.,! .J.J -< ~~ --~' ~~ - I, ,'j ~~~; 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. 01-6592 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 4129102 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 4129102 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: Mav 16. 2002 ~ -5L- - FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff --' ':Zd__ -- lM! . -- s ~Ql r-< ~E U; :;;: w - - - " Z N - 0 '" 00 ..... 0- U> .... ~ N - 5' t:. '" [~ ro- W ~8 '<8, :t> g 0 ::l. .- ~ "'53 n' o, 8 .. o, >- z Ul ::j?> 0 c 3 0' <I> ... S';;J 8 ;; "'''' '" '" >-l is: >-l n 0 z ~. E. >> 0 tr1 ;r: . ~? is: f;;o ~ >-l 0 ~ 0 0 ~ >- '" Z ! is: ;~ ii3 '" '" ;z . '" ",,,, ;.J N ;.J '" ;: , '" is: 0 6" ;or: O~ ,~ 0 ::! 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' .;::: '5 -~I '. wR -. - t:>A ..e,M"rEK[ '. .....~'! :S:~8q 6-7 ;..- , .... , "'::I 13 - .... -_;/',654 ....... -- 51 =:g~~ ~ ~;;;."9,~ I I = . [ g~ ,- I I I ...:,,,-' , o>z '""c.., (Zlc.:1 '" ... - :1 '" '" c."''' ~ ~ 5.. "'~o"J g~::::~ S"'-Jnv o..C-..{l-t:1t'Ij '" 0 g ~ -B' 5 "' ~~(j . . '" z ~~~~ ~5," 'O"'~ ......O"'ClJ.l-O 0,< " "" y.>tc;rj-l-.( '"":"'08t:d oos::O"t'"'"t ~-'"> .t:..~:::z :>:., (Zl. ~,"a.g:t"""" I::l -. r-< ...'" 9 '"t:1 >-l vo ~ ~ .e. >1t ;;;:~ w;!5 o .....,..,.", . ~ I t-, ,1 71bO 3901 9844 6032 39b9 TO: JUDITH A. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, P A 17007 SENDER: KMD REFERENCE: SALES PS Form 3600. June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total POstage & Fees ! , " i I .I I '1 ! I No Insurance Coverage Provided I Do Not Use for International Mail i US Postal Service Receipt for Certified Mail '---,----_.~._-~~..~"-,-~-,--,_.~._----,_."---~.~.-~~~. -.,,- .,-..,.~~..... '-0" -, '.'~ ~"."~ ""' - ~~ '" ~-..-i' .-"',- ~",.,.. __" _, _ _ _."..., 71bJl :3901"1.~"" 6032 3"183 - TO: JAME~ H. PRESCOTT 670 LAtJREL DRIVE BOILING SPRINGS, PAt 7007 SENDER: KMD REFERENCE: SALEA PS 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 i Do Not Use for International Mail L.n....... n.n.....m.n........m...__.. ....'...nmm...nmmm..m........mn... "". ..,'"~- ,- "-~'il~~,c iir ,~. "&>I~~i!liMlli,ii;4iHJ"i;Ii?k;';;;;;ili,jiJ,",~tJ;:!ji'",,~g",_;.,;;&~ ~i-1':llM:j' ');~',';'~"i;\-,.,i;-~",-J,,,,,,,,. """'M,j~f!ll:.J>f!:1'l"j~_iw.m~~'-';~'';''';'''' It' 11 (ill[ r: ""'#1 ":!lI>ji~lllf '""'~1fIl (') ~ [I} :f~iJ ?2'-c" 6-~ t., f~~'~~ ~\.j ~~(....., ~~~~; ::1 " "="",,,. '>'"f,,",,'''',,",,,"''''',~",^' "--...,-~ , "~ ,~",~.~" "".,,,, .~ ,~ t;:' ", \0 .... , a ,,~ C) "r; ,~ :r: ~~~ -< ;-':;;I1 -3~j '--i~;) '- r".) (\J ", 'J =:~ ~~~.1 -~, ::5 -< if! ,'-'~~'~~~'----'~ ,- ,~~,~ ' -~ ~~ . i , - '--'-">. " [nl!i::i~:r"~1k;:< . " . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE CORPORATION ) CIVIL ACTION ) vs. JUDITH A. PRESCOTT JAMES H. PRESCOTT ) CIVIL DIVISION ) NO. 01-6592 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE CORPORATION hereby verify that on March 10. 2003 true and correct copies ofthe Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: Julv 31. 2003 3'/71Ull r-fJiJJl.mU1 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff >;; "'-~-, ! , ! j J E I I' -''''>-3 I ir~ ~ Z t;:~ 5~ ~o OJ" "s, ~ ~ :;>;;l~jgSo~ ~g;g:~o 9. ,g g E' 111;1"'0= ~o 'S 1;; 0. ""3 '" g-g ~ ~ =: (; 1iJ o.~r~:Lg.~ ~~ ~~~. ~~. 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"'" !iIlI?ilIililD,I~.;,.,..---t-"". w N ""U >-300:1"0 ~ gJqJS~ m N -lftitr1 ;00')>"0 ^ 0 =It:C::>-3 ;0 N~OO N OoTlTl ~~8~ 'hCl)s:;:< ~ C~ ~ ~tr1 P 0 t-< '"' "0 ~ )> 'h ~ ::r: ..... t-< .t-< "0 )> ~ ~ ~ ~ :<J ::J)> o tr1 Z t<:Igs?O~ >-'I :ox: 0 0 o n :<: '" i'1 n z'" n (/l W )> ~ ~~ ~ ~ j---1 H Cf) ~ Nt"'n' ~ Z < ~ 1;)..... 0 ~ ~ ~ ~ ~on, (/l;; t1 (f) - >-3 ~ ;g '1J .....0 '< H;t> tr1 Z Z. I;) f-'~ 0:1 (f) --J L. 0 on p ~ ~~ ~ - [/). 0:1 "0 8 ~ t-< 0 Z [/). o "0 [/). )> "0 _ ?O -..l Z 8 o -..l [/). 3: t<:I ~ H () (f) IJj ~ :<J I;) '1J ;J:; f-' --J o lJl lJl 4-1''\€-S Po.s<1 !il q, !::' ~~::::~g=.. z !---:~~~ ~ ~ ~~~ ~ I'ITN[veOWES 02 1A $ 02 100 0004300377 fV1AR10 200~ MAilED FP"M ZIP ~ODE- . . 0 ~ ''Y' .... 1 ~ I '3 - rll!lL'Thi;h_~ r S " O>Z .."'., (Jl"'8 <D .. <D = ~ ., "''''= ~ '" )> ::l. (i' (j) Z <: 3 lJ" CD ... z . 3 o S, >- ~ ~ , !! . " ~ " m "' . is. " ~ ;Qo;otl1, ~ ~ S 0,_ ~ --.....] I-c;I tit ~~~ ~',- lrTln . - <D .,,"':;:.~ >(tl~ ~S" 'O<D~ ~o..C/.l1-Q 8'< g.::r:: ,tIj"tr1 ~O~t'""" ~l}~:> ~;;i w.Z ~. " ..... t'""" &;l' p.. ~. ~ ~rJJgl-c;I a: g. . <D o~ ~~ " 0 .. " o W >- ~ ~ ~ " a ~ ~ . ::' o _i/;' ".~ " '_'~n ~_~ ,0 J "_ ?';",,'," "';;,~_r_,:"';(*,11'''",,,,,~r.i2d4.'''ff~~lt~~oM<'O' ,,;,~~~t!i&I(i1iI:!U -"-~-. ,'...'.' 1iIli'&, - . , 0 <:) 0 C W -n ~;;. "" --:-' -aU- ~- ~P+ v ~~ :1.1 , r Zr" -;"Jm en -, -"C;:' .,. .~ '<:, ~~5,t;_ r::f <'. ""T] ~~=R ;.?j" 2-. -. ~O :J>l, C:? 5.0 C. ...... ~ ..:- ::> -,.,: "_,,! ~ .-<' (P _.?-"",_'._,,,<,,._c,, , ... - I'~~ ,_ {, ~~; , .~ ,1: .'" " . - -~-7.".,""_.;" :,,- ,1N ".; /l~~fji~;i~k~ .' PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ---------------------------------- CAPTION OF CASE (entire caption must be stated in full) GINA L. ISRAELOFF, Plaintiff v. COLLEEN DORSEY, DefendilDt Civil Action No. 02-94 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Partial Judl!ment on the Pleadinl!s 2. Identify counsel who will argue the case: (a) for Plaintiffs: Kimberly M. Colonna, McNees Wallace & Nurick LLC. 100 Pine Street. Harrisburl!, PA 17108 (b) for Defendant: Mark C. Duffie, Johnson, Duffie, Stewart & Weidner. 301 Market Street, P.O. Box 109, Leymoyne. PA 17043-0109 3. argument. I will notify all parties in writing within two days that this case has been listed for 4. Argument Court Date: August 27, 2003 McNEES WALLACE & NURICK LLC BY~'" ~ Kimberly M. Colonna Attorneys for Plaintiff Dated: August 1, 2003 " ~iMiil($i~_~ili":'~d":1i'r:'J;;"~c,;;ic!:~'__,~-dJ:?-iJ<;;:iE,,'",,,V!iv."j!f'!G';\',;;-!".~",:,~"",~'"",!,",&~",,,,,,,-,,,-,,,!O<':}'",'iWgdi.Mii-jj;""t,M:&.~tlI:- ",,^,~.J. !i1JU-f "'" --, JJi'~~':Ili.~~L-' ",",', "~-fi v~iI"'''' '" -y (") 0 0 c: W :?-- ,< ~(r:; "'" fj' C:: _or--, Z:( G-' ~ Z:C I nt"' I'll ~;"= .;- , ;--, ,'")1. ~:l t_J ;< ... ~~~ ~C 6C, >c S';7' . ~',' ; ! .-, z: ~ -" -< (,,) :0 -< ~~ ^", ,~? ~~". .- ..".. ,.;/~"""=""""'.~> ~'"' ~ " ~-" I., ;'_ - 1. ~ . '~~ > -~--,,- ,_~~' - h": '_'k'~, ';'li@mf , " PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, v. No. 01-6592 CIVIL JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $146,056.41 Interest from 3/13/02 to 3/5/03 (per diem -$24.01) $8,595.58 and Costs TOTAL $154,651.99 JtwfY1~ lo~JUnI 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 ofproperty.No. .', '" ,~,,,,,.-.-,,,, '''C''_"., ,,__!-:,t,,;y,,~~llijft;i[t~.li:illi!l_~~kj'n- ''''-''''h'b''-~~~~:ifl~i~I!lI!'~.~-"' " ~[j." , ; t"l .... ~ TJ ~ ~ ~ Z ~. ; - >-3 '" p,. == i:"J i:"J en t"l ~ ;; ~ .... ~ t"l i ;g ...... ~ 0 ~ c:>I ~~ 0 ~ -..l = d ~ Q i ~ >-c:l l'" t"l ,g ~ III ~ rJj == C'l 0 0 '" IJQ ~ ;= ~ ~ {;l to d "'1 S ~ is "C"C -< Z t"l ~~ ~ >-3 0 ~ l'" ... >-3 t"l ~>< to 0 ~ a' l:l '" 0 rJjrJj ..... ~ '" ~ = "'1 t"lt"l ;g en '" i:"J 00 0 ~ = 0 ~ ... ~ >-3>-3 Z to ~ '" ~ '-' >-3>-3 rJj t:1 p. = t"l ts 0 d .... i:"J .... >-3 0 <: > l'" .... .... 0 Z > rJj Z Z Z 0 C'l .... "'1 rJj > "C is z C'l 0 0 0 Y' C 1'0 -n "C ~S~ 0 > -0\:;:' " :\1 ~q --I .... ,-- -..l ~I~;~" u.) '_(~Ei Q (::) , Q --'- .:. -~...:~'C.J -l C:C' --n :c -r, ~ --":"""1, ~~~: -0"-" --,-','---.. ~~) 2m ~; ,:;1 55 :'::3 -, (:) -< .. _0,', ". ,"~",,"" J_,~~_,., ~.. ~ -, <-. -....: 1'-' .. ., y . -- " DESCRlPTIO~ ALL THAT CERTAIN lot or cracr of ground situate in MollIoe Township, Cumberland County, Pennsylvania, and more particularly bounded and described as follows by a survey of Rodney Lee Decker and Associates Registered Surveyor, dated March 9, 1979. BEGINNING at a point on the weStern liD.e of the cui-dc-sac sirua!ed at the northwestern terminus of Laurel Drive. and at tile dividing line between Lots Nos. 373 and 314 as shown on said plan; thence by the dividing line between lots Nos. 373 and 374 as shown on said Plan South 36 degrees 10 minutes West 294.91 feet to a point; thence by other property now or formerly of Pel1Il Products Corporation North n l1egrees 44 minutes West 175.23 feet to a point; thence continuing by other propeny QOW or formerly of PeDIl Products Corporation North 04 degrees 00 minutes West ZSS.OO feet to a point; d1ence by the dividing line between Lots Nos. 373 and 374 as shown on said F1an South 32 degrees 55 minutes East 343.07 feet to a point on the western line of said cul-de-sac: thence 1:Iy tile western line of said cui-dc-sac by a curve to the left baving a radius of 50,0 feet [0 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 to a point. the place of BEGINNING. CONTAlNli'lG 1.859 acres. BEING LOt No. 373 as shown on tlle Plan of Lots of Section "H" of White Roell. Acres dated September 6. 1973 and recordcl1 in Cumberland County Plan Book 25, Page 37 Tax ParceL #22-33-0043-042 'ECORD OWNER 1J-TLE TO SAID PREMISES IS VESTED IN James H. Prescott and Judith A. Prescott. Husband and Wife by Deed from Gary L. Gross and Ruth M. Gross, by her power of attorney. Gary L H 10 d d W'~ da-"'" 9/"4199 recordo:d 9129/99 in Deed gook Volume 208 Page 646. Gross. us"an an l1e u;u - , . ~~~jjll\~~m1!iifulill~~~.;l'Jk\B"..j"']&d!i'A'i\""1""';,&:1;e,;i,;,,,"""",.,g"'A''''k~"'sI,jl.o-!tMl;~~'I~~~~'''''''< e~ n' _ ~V"", ~" ~~',-'" <, ,~~, - ,~~.....,,'.l/.it.ll!.i.illiilll. .f6 8f/ --- 0v ~ <;y ~ =)" ..J;:\ <:::>0 \.~ cA- e iJ 0\ -.J ~ . \-J c.l\ -V- --.J -t:;:-- _v u-> --. .,-~~ 0,- - S\ \ ~ I..>l ~ ~I.>J ~ ~- , <'<' ~ q -. - 0' U\ ",___, ~'._~ '" , L ~^ ~ v" . ~. ~~~ , -, ~" ~ (") c: C>' "'(.,~, Q."lrT ~...!:; CD _.t:" ~:~, :;;~ :'2 - , "'ill ^ ~ ~ ~) o ,,,,-, o ,? ..-< (,..,) c::.' n -:o"!"'i -~----' -:-:-;-:-:n , . f-~ ",~.I-QJ -n"_.: --() _NI-i', :~~~~-~~ ;:~rn ....j :~i ~ -< -0 tv -:J\ (::> ~ ~"~ . ......, w . _. - ..... , ~ . I '~'ii';,,--';,~~~ - '.. ijj'.M~'{:tifg::m\f' , f CUMBERLAND COUNTY () GMAC MORTGAGE CORPORATION Plaintiff, v. COURT OF COMMON PLEAS JUDITH A. PRESCOTT JAMES H. PRESCOTT CIVIL DIVISION NO. 01-6592 CIVIL Defendant(s). AFFIDA VII 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 ,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 DRIVE BOILING SPRINGS, PA 17007 JAMES H. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 2. Name and address ofDefendant(s) in the judgment: Same as above .., - ~ ^ ~"". "'""~.~ .-.~~.J........;~ ~" '.' u '-""~~~ ,. . 3. Name lInd last'lmown 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) P.O. BOX 3076 COLUMBIA, MD 21045 5 KLING LANE SHERMANSDALE, PA 17090 FORD MOTOR CREDIT COMPANY PETER KRIZ THE ZOO ZONE CAMP HILL PLAZA CAMP HILL, P A 17011 PA DEPT OF REVENUE, BUREAU OF COMPLIANCE, CLEARANCE SUPPORT SECTION, ATTN: SHERIFF'S SALES DEPT. 281230 HARRISBURG, PA 17128-1230 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: 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) MONROE TWP. 1220 BOILING SPRINGS ROAD MECHANICSBURG, PA 17055 WHITE ROCK ACRES CIVIL ASSOCIATION, INC. RR 1 BOILING SPRINGS P.O. BOX 443 BOILING SPRINGS, PA 17007 dV ],,,.,,,,"...-"'"' ~_..,,~. .. ~~ L _'L~ ...'~~"~ !hJ:""",_~~~!._': . ./, 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 DRIVE BOILING SPRINGS, PA 17007 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties oflS Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 24. 2002 DATE ~+~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '} .i<j,;ff~i!Zif~4w-Jijlt8i~i!;i~ifR*!;i!M@lli;;g'i.@:4t~t\~;C;'f~",';1Wl<;i~}'f'i-::""abii. ,:-__,~'_f' ;A~;";'""!t,"',,-",,;M;i~~--"-'~ "~r~lilL' ~- ~ '''''>>__ "~~ ,~"_W '"~~-~". ~,~"= ,'"'''' _ ,_ v ~~ p,,,-,,, """"__'0 ,'",,",-' "1 ->< . !R;,j~!1ljilal~1!l -~u.A" ~" "~=~.i6l ",. ~ ",-,>f," -<<'_ __,_,. - ~ r.. lI!Il~;' ., . 0 ,~ C} C i-,.) --':, -:;;.> c:> -U ".~-. , G.' C? ~ _or [1''\ rl- ..~-1 -::;>"", .-. Z;~" (..,) , ::3 co -<;"=: .. ~;.:) ~\-...: ..-I nt.) _L +I "l->c ::l:: .-:-:) ~~~ --'--,~ C~) ".-::;... m 1''' 0 Z .;)'1 ~ -.; :0 -( Cl -< - -"" ....- .......~; ~- . -"'"-~~di: FEDERMAN and PHELAN, LLP By: FlUNK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SIDTE 1400 PHILADELPIDA, P A 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. 01-6592 CIVIL 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 o 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. ~ ~J)QMM c1/n F FEDERMAN, ESQUIRE Attorney for Plaintiff ~~~~~!itl~1i'Mxft\l;it_fW,:Ii;i~.;;:Hi,:'i;;f<."&:1"i!." '" ~ ~ _~, .~. ~J ,'^; , ""~~-;;:~~ ;tj;-,'i':,,,i-Hit~'i~t~ ,~~". "."~., "', 0, " ,,~J",~ " ~ g?<j k-J.ii~~101!1it:i:Ai ~~ . liifjj r''''' - "= "'" 0 ,=:; 0 c:: f"-,) ." ~;. 0 '-j -0 tT ~., . r'n fT-- -I '-,' ~-,-~ "7 :~j P Z ,. w . ~ '} r;'l " ""'I (- ~j :'~~ ,':C. .' t~, ~ c:- :.:-~ "j '""'1.:! _n, ~ .,. ::t~~ ~~~ ?- f'" j; ,'.... :-.) ~;~ .0:- ,n '-j (::J. ~, -, -< ,,,...,---- ~"''1lII'ilIll:ll~I''''......~ ."" ""~ -,",. " ,-, t_ KH~_llI5la&_~~~;;;'i=,S;""_-,.j~~';".",,, " '..... @J CASE NO. O:z..03026JJT-I /'. r-A.. .6./1 '-7". /~ S<Jb 7(;b( r;O ~ UNITED STATES BAt~UPTCY COURT "'fiDDLE DISTRICT OF PENNSYLV At"lB. INRE: PRESCOTI, JAMES H CHAPTER 13 PRESCOTI, JUDITH A Debtot{ s) NOTICE TO CREDITORS AND OTHER PARTIES IN INTEREST Notice is hereby given that the Court has entered an Order dated SEPTEMBER 24, 2002 DISMISSING the above-captioned case due to: DEBTORS' FAILURE TO APPEAR AT 341 MEETING DATE: September 25. 2002 Clerk. U.S. Bankxuptcy Court 228 WALNUT STREET P.O. BOX 908 HARRISBURG, PA 17108-0908 .. VAN-S7 !if .i~iflJ] ""~~,.~iiml~liMi!)~,tM4'\~,0i~;,!*i'''''"~!;';i"I"j:'i"'''!'''''''''''!''\'"';:''''(f_''-'0\'1il-,,";;,*,~'';l~~_lH~$li1iii1~~iWlill!$8lir ,,"'''''. '- ~-"=~ ,~y~",".,,~ .."'"',c"'-<"" _~~_ .M, ~'" R, ,.,,_ ~, 'I, ,. "' _~" '"';~- <-<;;~, """"""" ;"-,;.1- "'""[M- ."'~ ~" o c.: <" """ODJ rnrii 27 zr; (1) '" -< ~ ~:? $~~ z :<! ,"~h' CI f"""J- o CJ -I 1IIi!!i,-; '...-- ~ C) -T, \,"J,"} c::> .." :hZl ~r:~3 :~;o " "T'. :.- -,'1 ;"~~?) ?,')r-n -=-; .~ :D -< ~G J:? :..,<1 (::J '"~-''''-~" ~~....,.. ..~ ...~ .--..... . ~ L =< , - ~ I j ill1!:i '" ~ L ~ - -', "Jl\j'---~:' ... Doclket for Case: " + GetCaseNo() + " (" + DktTypeExpand(m.gsDktType) + ") Page 1 of3 Bankruptcy Docket Report 1 02-03026 (Harrisburg) PRESCOTT, JAMES H and PRESCOTT, JUDITH A Docket items entered between 01/01/1931 and 10/2412002 Filing No. Docket Entry View Date docnment 06/04/02 I VOLUNTARY PETITION under Chapter 13, Matrix, all Schedules & Doc #1 PDF Statements, Plan and Summary [EOD 06105/02] [DD] (41 nages) 06/04/02 2 MOTION for Payment of Attorney Fees Pre-comrrmation by by Bradford None Dorrance, Esq., as counsel for Debtors, in the amount of $2,015.00 [Disposed] [EOD 06/05/02] [CG] 06/05/02 3 ORDER approving fee application Re: Item # 2. [EOD 06/05/02] [BW] None 06/24/02 4 CERTIFICATE of Mailing of Notice of341 Meeting. Objections to the plan are Doc #4 PDF (5 due 15 days after meeting held. [EOD 06/24/02] [AUT] ~ Att: PLAN PDF(2 ~ 06/26/02 5 OBJECTION to Claim #1 ofGMAC MORTGAGE CORPORATION; filed by None Debtors [Disposed] [EOD 06127102] [CG] 07/02/02 6 ORDER fixing hearing date on 08105/02 at 01:30 P.M. at FED.BLDG., None BKRPTCY CTRM.(3RD FLR.), THIRD & WALNUT STS., HARRISBURG,PA. 17108 Re: Item # 5. [EOD 07/02/02] [CG] 07/03/02 7 ENTRY OF APPEARANCE of JAMES A. DIAMOND, ESQ., OF JOHNSTON None & DIAMOND, P.C., ON BEHALF OF CONNECTICUT GENERAL LIFE INSURANCE COMPANY [EOD 07/03/02] [CG] 07/08/02 8 CERTIFICATE of service Re: Item # 6. [EOD 07/09/02] [CG] None 07/09/02 9 OBJECTION to Claim #2 of AMERICREDIT; filed by Debtors [EOD 07/10/02] None [CG] 07/11/02 10 ORDER fixing hearing date on 08/12/02 at 01:30 P.M. at FED.BLDG., None BKRPTCY CTRM.(3RD FLR.), TIDRD & WALNUT STS., HARRISBURG,PA. 17108 Re: Item # 9. [EOD 07/11/02] [CG] 07/16/02 11 OBJECTION to Claim #5 of CONNECIICUT GENERAL LIFE INSURANCE None CO.; filed by Debtors [EOD 07117/02] [CG] 07/16/02 12 CERTIFICATE of service Re: Item # 10. [EOD 07117/02] [CG] None 07/18/02 13 ORDER fixing hearing date on 08/19/02 at 10:00 A.M. at FED.BLDG., None BKRPTCY CTRM.(3RD FLR.), THIRD & WALNUT STS., HARRISBURG,PA. 17108 Re: Item # II. [Rescheduled] [EOD 07/18/02] [CG] 07/22/02 14 ANSWER by GMAC MORTGAGE CORPORATION Re: Item # 5. [EOD None 07123/02] [CG] 07/23/02 15 CERTIFICATE of service Re: Item # 13. [EOD 07/24/02] [DS] None . ../nPacer?ExecThiso=docket&puid=O 1 035467965&case _ no=2002-03026&office= l&DktTypd 0/24/2002 1t ,;.""" ~""'~~_.""""~"""'-'" ~~"-'-'u_ ~_~"l~,~"..... ~ .n~ ~ _ ,j[U~fifIlmlil~~~~@ ., DCltKet for Case: "+ GetCaseNo() +" (" + DktTypeExpand(m.gsDktType) + ") Page 2 of3 07/25/02 16 ANSWER by CONNECTICUT GENERAL LIFE INSURANCE COMPANY Re: None Item # 11. [EOD 07125/02] [CG] 08/01/02 17 341 meeting not held-to be reschednled. [EOD 08/01/02] [CA] None 08/05/02 18 PROCEEDING MEMO re hearing not held. Order signed. Re: Item # 5. [EOD None 08/05/02] [JG] 08/05/02 19 OBJECTION to Claim #12 of ASSET ACCEPTANCE CORPORATION, None ASSIGNEEIPROVIDIAN; filed by Debtors [EOD 08/06/02] [CG] 08/06/02 20 MOTION to continue Hearing due to schedule conflict; flIed by Connecticut Doc #20 PDF General Life Insurance Co. Re: Item # 13. [Disposed] [EOD 08/06102] [BW] 13 pages) CERTIFICATE OF CONCURRENCE OF DEBTORS' COUNSEL [EOD 08/06/02] [BW] 08/07/02 21 ORDER denying Debtors' Objection Re: Item # 5. [EOD 08/07/02] [CG] None 08/08102 22 ORDER fixing hearing date - Phone Conference with Chambers on 09/23/02 at None 11:00 A.M. at FED.BLDG., BKRPTCY CTRM.(3RD FLR.), lliIRD & WALNUT STS., HARRISBURG,PA. 17108 Re: Item # 19. [EOD 08/08/02] [CG] 08/09/02 23 CERTIFICATE of service Re: Item # 22. [EOD 08/12/02] [CG] None 08/12102 24 ENTRY OF APPEARANCE of MARTIN A. MOONEY, ESQ. OF DEILY, None DAUTEL & MOONEY, LLP, ON BEHALF OF AMERICREDIT FINANCIAL SERVICES, INe. [EOD 08/12/02] [CG] 08/12/02 25 PROCEEDING MEMO re hearing not held. No answer filed. Order to be None submitted. Re: Item # 9. [EOD 08112/02] [JG] 08/14102 26 ORDER granting Continuance Re: ltem # 20. [EOD 08/14102] [CG] None ORDER fixing hearing date - Phone Conference with Chambers on 09/23/02 at 02:00 P.M. at FED.BLDG., BKRPTCY CTRM.(3RD FLR.), THlRD & WALNUT STS., HARRISBURG,PA. 17108 Re: Item # 11. [EOD 08/14102] [CG] This entry cancels the previous due date. Re: Item # 13. [EOD 08/14102] [CG] 08/16/02 27 CERTIFICATE of service of notice of rescheduled 341 Meeting [EOD 08/16/02] Doc #27 PDF [AUT] (3 pages) 09/09/02 28 MOTION TO DISMISS BY TRUSTEE WITH NOTICE SETTING HEARING None on 10/10/02 at 02:00 P.M. at FED.BLDG., BKRPTCY CTRM.(3RD FLR.), THIRD & WALNUT STS., HARRISBURG,P A. 17108 [EOD 09/09/02] [CG] 09/20/02 29 341 meeting not held-to be dismissed. [EOD 09/23/02] [CA] None 09/23/02 30 PROCEEDING MEMO: conference not held. Matters continued generally. Case None is being dismissed. Debtors may move to reinstate. Matters can be reset for conferences after reinstatement. Re: Item # 9. [EOD 09/23/02] [CL] PROCEEDING MEMO: conference not held. Matters continued generally. Case is being dismissed. Debtors may move to reinstate. Matters can be reset for conferences after reinstatement. Re: Item # 11. [EOD 09/23/02] [CL] 09/24/02 31 ORDER dismissing case for Debtors' failure to appear at second 0341 Meeting None [EOD 09/24/02] [CG] 09127/02 32 NOTICE to creditors of dismissal of case [EOD 09127/02] [AUT] None ENTERED IN ERROR SHOULD NOT HAVE BEEN AUTO DOCKETED [EOD 09/30/02] [CG] 09/27/02 33 FINAL REPORT ofCh. 13 Trustee [EOD 09/27/02] [CG] None ...InPacer?ExecThis=docket&puid=O 1 035467965&case _ no=2002-03026&office= l&DktTyp 10/24/2002 "') t~ ,"," "",Mo.~"""'_";.," _0" .. .........,""""'" . . l", ~ __l _ ~ ' j '~u- ~WlIl!llt'~ -"~~~~~~*" ,I D(J!cket for Case; " + GetCaseNoO + " (" + DktTypeExpand(m.gsDktType) + ") Page 3 of3 09/30/02 34 NOTICE to creditors of dismissal of case [EOD 09/30102] [AUT] Doc #34 PDF (3 pages) 10/07/02 35 MOTION of Debtor to reinstate case Re: Item # 31. [BOD 10/08/02] [CG] Doc #35 PDF (3 pages) 10/10/02 36 CORRESPONDENCE SETTING HEARING WITH JUDGE THOMAS on Doc #36 PDF 11/18/02 at 10:00 A.M. at FED.BLDG., BKRPTCY CTRM.(3RD FLR.), THIRD (1 page) & WALNUT STS., HARRISBURG,P A. 17108 Re: Item # 35. [EOD 10/10/02] [CG] Printed: 10/24/02 10:00:07 ""'"m.......". ..... --,,-- '.n'.............. _ - ..m........._...._ -.'"'"...... ..........--.---- .-"""- I PACER Service Center I I Transaction Receipt I I 10/24/2002 10:00:07 I Ip ACER Login: IIfp0039 IIClient Code: I IDescription: IIDocket IICase Nnmber: III 2002-03026 I IBillable Pages: 113 IICost: 110.21 I .-. .- "..,......,...-.-. -,_....... 1J.Need help? Try the PACER User's Guide fiiilPacer Service Center ...InPacer?ExecThis=docket&puid=O 1 03546796S&case yo=2002-03026&office= l&DktTyp 10/24/2002 :',,",i', ,,'0', ..","1' ,,,,:g_~ ',r'! ~;;'f~;"M,giji1t1!J~iiB'~ ~;;i~m " "' ,~ I~~o'" ,".,"'-"'~'" <". ,~, ."~. ~< ~ -',' -,",- JJ.~ii!f!'fl:l~illi.M!iR~~{.t:,~I'-J..;;" ,~, Liiw~' '-~ lBIiitl ." \, (") 0 .Qi C N ~~ D ;,:::1 -u 'T' " rnf'lci ---/ dip 2:-::1:,1 Z j""'" (,f.) t'ri cq.> a ;'-' I~; ~.~j{5 -0 -,_n"l :1b -':.'-,-! (~;~ i'0 ~:: :1'1 ;::::~ =< =0 f:J -< , _~ ~ -'~ .tt",_,,~-,~,,__ "'" -:.,iiiOiMllllll," -;&<""""." ~ ~ ~ ~""~." , - """~ .~M"~ ~--~ , L~ " ~ , '.. -',,,,1.. ";""""'~; GMAC'MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 01-6592 CIVIL JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s). October 24, 2002 TO: JUDITH A. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 JAMES H. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 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 UEN AGAINST PROPERTY." Your house (real estate) at, 670 LAUREL DRIVE, BOILING SPRINGS, PA 17007, is scheduled to be sold at the Sheriffs Sale on 3/5/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PAI7013, to enforce the court judgment of $146,056.41 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: I. 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 caIl: (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.) "'t' .-' ~.,.. ,-" - .,~~ _, . ;,.,1-- ~L,_' ;,;c- ~- '''''''-~~~'''''o,,,-; f;.;J I"' . 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 Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 i!C ~.'-~" - ,.- I.. ...' "~l- . . ~. ," . DF..sCRI.PTIO~ ALL THAT CERT A!N lot or tract of ground situate in MOlll"oe Township, Cumberland County, Pennsylvania, and more particUlarly bounded and described as follows by a survey of Rodney Lee Decker and Associates Registered Surveyor, dated March 9, 1919. BEGINNING at a point on the western line of the cul-de.sac simared at the narthwestem terminus of Laurel Drive. and at the dividing line bet\.lieen Lots Nos. 373 and 374 as shown on said plan; thence by the dividing line be~een lotS Nos. 373 and 374 as shown on said Plan South 36 degrees 10 minutes West 294.91 feel [0 a point; thence by other properl}l now Or formerly of Penn Produc:s Corporation Norm 77 I1egrees 44 minute:; West 175.23 feet to a point; thence cDntinuing by other properTy QOW or formerly of Penn ProduCts Corporation North 04 degrees 00 minutes West ZS5.00 feet to a point; thence by the dividing line hetween Lots Nos. 373 and 374 as shown on said Plan South 82 dcgyees 55 minutes East 343.07 feet to a point on the.western line of said cul-de-sac; thence by the western line of said cuI-dc-sac by a curve to the left baving a radius of 50.0 feel to an arc length of 50.00 fect and a cl10rd a length of 47.94 feet on a chord bearing of South 30 degrees 59 minutes East to a point, the place of BEGINNING. CONTAINING 1.859 acres. BEING Lot No. 373 as shown on the Plan of Lots of Section "R" of White Rock Acres dated SeptelIlber 6, \973 and recorded in Cumberland COU1\ty PIau Book 25, Page 37. TalC Parcel #22-33-0043-042 gCORD O~R I.lTLE TO SAlD PRElvllSES IS VESTED IN James H. PrescotI and Judith A. Prescott, Husband and Wife by Deed from Gary L. Gross aud Ruth M. Gross, by ner power of attorney, Gary L Gross. Husband and Wife dated 9i24/99 , recorded 9/29/99. II1 Deed Book Volume 208 Page 646. n~__~~'~li:!i*$i!~'m.i$l~'f~~i.'!1,gj.p;;'l1i~~~';':l~;h'."';{'"'' ..ltf.";""'_";,,;,,,,,-,,,,;.'; ';'J"l<,~~,,$~J!lijg~'~- '~:I"".~;J.-::'....;,,~ ",~__,,,,L,,,.,,,=,,, _ ,,~. -- ,-.-" ~ I>t 6'~ .", lBt1.1"'?'1l~~" lU"-I!" ~ 1!;:'i11\.~ .. !i!I:'b , , " 0 .::;> 0 c: N ~Tl <:" C') :i.::, -o\.Tl n ~T1 mr','; -I f~';; Z''';,_l t...1 -..:)8 t~ \_~~~" 0 , .! -<..- .:::-'" CJ- ~'\.".: -0 . ,-, P' ~, :o"'~:::J '~2 ----:;:.C) l':Y :::;ITl '---.', ""::.. :J1 :;--;~ -i :n -'- (::> -< , ,'- ~~ '",,-' -'-'---< WI. ' ,,,. ~w'.;} ~" , ,', , f. FEDERMAN AND PHELAN BY: FRANKFEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION vs. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION JUDITH A. PRESCOTT JAMES H. PRESCOTT NO. 01-6592 VRRTFTrATTON I hereby certifY that a true and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person(s) JUDITH A. PRESCOTT AND JAMES H. PRESCOTT on nTTY 11, 7001 at 670 LAUREL DRNE, BOILING SPRINGS, PA 17007, in accordance with the Order of Court dated, MAY?? 7001. . The undersigned understands that this statement is made subject to the penalties of 18 PA. C,S. s4904 relating to unsworn falsificaton to authorities. V 1(;// FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF DATE: August 6, 2003 '1 -- .. ~ , .--r. ,-" ' ~- , ~ , ' ..----' . MAY 2 2 2003 ~ FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION . ATTORNEYFORPLAlNTIFF COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND COUNTY vs. No.: 01-6592 JUDITHA. PRESCOTT JAMES H. PRESCOTT ORDER AND NOW, this ")7 ~y Of~, 2003, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s), JUDITH A. PRESCOTT and JAMES H. PRESCOTT, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Af . of service. 11 J. G~6? ~,f} .-., e ,,"c.'ORD 1 RUE CO;.h( ij' .. ,it>_, .. _ ~ ' ... ".",.! , '-;:.0t nw tH:lno .1.,~1~~p.:~imon'lwne~'n:.}i, \. '~.~ & J 1."',,",'" 'I " ,~ ..'!...I~ ('(it 1.j the 500101 said COlin il1 \';i;I, \ ",;,. ,\lis 3i !lay 01 ~~ / Prol!'iof1()tary - _. ~ 71bO 3901 9646 030b 5477 JUDITH A. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, P A 17007 SENDER: TEAM 2 JRL REFERENCE: PS, Form 3800 June 2000 .37 RETURN Postage 2.30 RECEIPT Certified Fee 0.00 SERVICE Return Receipt Fee .~--::- ~--"~'-"- 0.00 Restricted Delivery ,"'-:',.,. .' 2.67 Total Postage & Fees ";::: US Postal Service ~M~' Receipt for /r.;j-" \~. Certified Mail ! No Insurance Coverage Provided I Do Not Use for International Mail ...........~........-- ..................._....J..............___...........__. ,-,..,~..........,~~..-- .1 ""---' '~~{,1:;:i,: 'i 71bO 3901 9848 030b 5484 TO: JAMES H. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 SENDER: TEAM 2 JRL REFERENCE: PS Form 3800 June 2000 RETURN Postage .3.L RECEIPT Certified Fee 2.30 SERVICE Return Receipt Fee 0.00 [ Restricted Delivery &:\">~ 0.00 Total Poslage & Fees./' r 2.67 us Postal Service r F6STMARK OR DATE I f.. Receipt for i .r- . \ :.~'\.,:' ! .'1. ._.' Certified Mail ..~ I ,. -':::': , --~- . No Insurance Coverage Provided "~,~ Do Not Use for International Mail ~...u............__...._......_.....__....,... ......~....~..........~...._........__h__,..~...._ ~. :i':J~;"'i''''''~i~i&ik%{-j&t\I;k~;iH,iJj"ti!tl)JAAtf,;tllili:#&'.r.1~'''''"~tY-l0 ,ti'i'!'}&!i;%'~"'!;;"L;:-,,,,,,'ii\,,,,!',,~H*,\4~!i!ti.gjf~~~';;ili ;j.i:fr o ,",^" '" Jl .","_~~,,","v--'+ _C'J "~~ V" ", ,-~ ~"-~ '",,-,"-,- ~~ffl:~~~;jt2:!lJl!r'~' ~-~ () c::: -0(( ~ir: (OJ:' ?f." < ~-, J:,-- ~~~~ ~~ 01-;~ (? ,'- 1- JIIillV' ~ o Gj "'" o m'1 --j 'T-:n ,.- "1'1 '10 ~js.;~ ,~) -2 ~-.-r' (J ,~~5( n --=-., ? ::AJ -< ,-- GJ I co --0 _...:,~ N ,.,.. (1"'1 ~ .~ 'I~,,,,,~, , c" . ~~ '.L" '~ , -I "~~IiIi-' . ~h,-".j"'~;":[~iti"(;'''';;'~''ilfi&:'. MAY 2 2 2003 'r FEDERMAN AND PHELAN, LLP By: FRAJ{KFEDE~,ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND COUNTY vs. No.: 01-6592 JUDITHA. PRESCOTT JAMES H. PRESCOTT ORDER AND NOW, this ~7~y Of~, 2003, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s), JUDITH A. PRESCOTT and JAMES H. PRESCOTT, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Af . of service. J. ~~6? S'" '1l!iil.1 ""c 81 ,"~ " ~"- -' ~ ~W~"W'I\If"~:~ 'r" "I ~~ .- FJLED--()ll1CI= oFn.,'f' e"'Y'TI-::l',;r).rAOV ".~ ,'>,j ,',.,l\\.< rr-.nl 03 MAY 27 AN /0: 1.8 CUMBEfILk~U COUNTY PENNSYLVANIA ~ ~lj ~"," ,_4~r"",,,,,,,~;;~~.ljf>_j!'~~,<.i"'-':;\,<f'~f'3;~:,,!,,,Ol"f.F~-WPJ,'-F;'1,[J"Yi~~"'l;w:;w~2G'r'"Ii,",1'W-l"iI'~J;!.l~;3il~'lf:iJil~f_li'W~~1%$f~~~' -. . . __1,',__ "",j ,..<'-.', ,", "".c;;;, j'" . ~::'';-<, FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY vs. No.: 01-6592 JUDITH A. PRESCOTT JAMES H. PRESCOTT MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail to Defendant's last known address. 1. Attempts to serve the Defendant(s) with the Notice of Sale have been unsuccessful, as indicated by the Affidavit of Service attached hereto as Exhibit "A." 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the result there from is attached hereto as Exhibit "B." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. ~---=-- FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF 1-.,,-, -, 0 "'~'" ~ "fl^~~~J " FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION ATTORNEY FOR PLAlliTIFF COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND COUNTY No.: 01-6592 vs. JUDITH A. PRESCOTT JAMES H. PRESCOTT MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (I) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers ofthe Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records, As indicated by the attached Affidavit of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B." WHEREFORE, Plaintiff respectfully requests service ofthe Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted: ~ ~z:: ~;-- FRANK FEDERMAN, ESQUIRE ATTORNEY FORPLAnITIFF " ~- " F,'",' -' ,- ,- -;j -__"~~"_"'~'" l'L""'"'-"-'-"-'-"--'''"'"'~'~'~-'~t'1 ., EXHIBIT A Ii ~," ,'~-- liJ.",.. c ....... .....'""" ~"'_..;l' -- 'ifdMIT'miMc " AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF GMAC MORTGAGE CORPORATION KMD No. 01-6592 DEFENDANT(S) JUDITH A. PRESCOTT JAMES H. PRESCOTT ACCT. #306766150 SERVE JAMES H. PRESCOTT AT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 Type of ActIon - Notice of Sheriff's Sale Sale Date: 6/11/03 SERVED Served and made known to , Defendant, on the day of ,200_, at , o'clock_.m., at , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s), Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship, Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business, an officer of said Defendant( s)' s company. Other: Description: Age_ Height _ Weight_ Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above, Sworn to and subscribed before me this _ day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED Onthe c1:<"J dayof M~((~ ,2002 at //: s:} o'clock 31-.m, Defendant NOT FOUND because: Moved Unknown No Answer ~ Vacant 1 st Attempt: I I Time: 2nd Attempt: / I Time: 3rd Attempt: I / Time: Sworn to and subscribed . bef"lF me this ~Iday Q offl1~"cL.. ,200~. Qr. /J1 Gf Notary: ~m~BY:~ Attorn~J~tintiff JI. Frank Federman, Esquire - I.D. No. 12248 NOT~!2!- Nol8IYPulIc a\ZMEIHM.J~"ComlY Greel\81WPi!:~"""19 2Oll5 Myeommis8\Oll~_'-' , -~\..,~ ."< -, ~ ""-, ""--"-~~ ,_l ~ ."'~ """"","""tl'lt~_\i\i ~ " " AFFIDAVIT OF SERVICE PLAiNTIFF GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY KMD No. 01-6592 DEFENDANT(S) JUDITH A. PRESCOTT JAMES H. PRESCOTT ACCT. #306766150 SERVE JUDITH A. PRESCOTT AT 670 LAUREL DRIVE BOILING SPRINGS, P A 17007 Type of Action - Notice of Sheriff's Sale Sale Date: 6/11/03 SERVED Served and made known to . Defendant, on the day of ,200_, , o'clock _,m.) at , Commonwealth at of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) residers). Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) residers). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age_ Height _ Weight_ Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _ day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Moved Unknown NOT SERVED ,2002, at / /: 5) o'clock ~.m., Defendant NOT FOUND because: No Answer -X Vacant On the d~ jJd day of M~\(l~ 1 sl Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscr~d befor~ Jlle this ,;<;( day ~ of pIIl~R.(1., ,2001. C j Not~JJoi.A-vm,~~ By: (} Attorn; f.(.)Plaintiff Frank Federman, Esquire - LD. No. 12248 I NO:T~~~No\8IYP\IllIC lZfIBEllI t.A JIJl'V'"""'.~::Coun\y a: ...........;'TW\l" ft8lll4\ft...... 19 2005 ""~i:..Inn~...... ' MYComn-" , -" . .' -,- I . "", ---, . -,,', - L .. ., - " c_ ,'.. .>:- " ,- ..' -'" '" -'""",- 1l:iIJl\iInifl~p.iir?iiiI!'i.'lj; " EXHIBIT B "1 """"","l~"""",....".,~~",' , ~~~.~ ""'..~... - ~ ~lliIl~"I~_~~il:g:",,~c-'r,>1;A~"-"'.il..' , ," .~ SKN Data Research Inc. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 3-6449PA Attorney Firm: Federman & Phelan Subject: Judith A. Prescott & James H. Prescott Current Address: 670 Laurel Dr. Boiling Springs, P A 17007 Property Address: 670 Laurel Dr. Boiling Springs, P A 17007 Mailing Address: 670 Laurel Dr. Boiling Springs, P A 17007 I Scott Nulty, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-uoted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following to be true and correct Judith A. Prescott - 183-38-5424 James H. Prescott - 204-42-2197 B. EMPLOYMENT SEARCH A review of the credit reporting agencies provided no employment information. Judith A. Prescott - not available James H. Prescott - not available C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Judith A. Prescott & James H. Prescott reside(s) at: 670 Laurel Dr. Boiling Springs, PA 17007 II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 4-10-03 our office contacted directory assistance which indicated that Judith A. Prescott & James H. Prescott reside(s) at: 670 Laurel Dr. Boiling Springs, P A 17007. Our office made a telephone call to the mortgagors phone n1llmber and received the following information: 717-241-4834 disconnected. III. INQUIRY OF NEIGHBORS On 4-10-03 our office contacted or attempted to contact S. Ercolino 674 Laurel Dr., they were not able to verify that Judith A. Prescott & James H. Prescott reside(s) at: 670 Laurel Dr. Boiling Springs, P A 17007 IV. INQUIRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE On 4-10-03 we reviewed the National Address database and found the following information, Judith A. Prescott & James H. Prescott - 670 Laurel Dr. Boiling Springs, P A 17007 B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is an active mailing Address: no addresses on file V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicle Judith A. Prescott & James H. Prescott reside(s) at: last registered address. VI. OTHER INQUIRIES DEATH RECORDS A. As of January 1, 2003 Vital Records has no death record on fIle for Judith A. Prescott & James H. Prescott. ',,*"'''d~''I'''lil'-_ -" .~ ~~ -- -~ L , . Ll....lf,_~Mo<l_'-"'I<i<f""_,,~"~,.,."d\<"'_""i.;"';"" .<iII .... B. COUNTY VOTER REGISTRATION The Cumberland County Voter registration has a registration for Judith A. Prescott & James H. Prescott residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Judith A. Prescott-YOB 1944 James H. Prescott-YOB 1952 B. AKA. none * All accessible public databases have been checked and cross-referenced for the above named individual(s). * Please be advised all database information indicates the subjects reside at the current address. The undersigned understands that this statement herein is illlide subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. AFFIANT ~, SKN Data Research Inc. President Sworn to and subscribed before me this I/.H day of tlrd2 2003 /?JP-7~C /J/.t74 NOTARY UBLIC . Notarial Seal Margaret E. Nulty, Notary PuiJllc East Goshen Twp., Chester County My Commission Expires Dec. 1 g, 2005 Member, Pennsylvama ASSOCiation Of Notati[-')s The above information is obtained from available public records and we are only liable for the cost of the affidavit . H~ ~ - ~ -. > ';'''1'lj~ii ... VERIFICATION FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~~~ FRANK FEDERMAN, ESQUIRE ATTORNEY FORPLAnITWF ~'<,,-'..cl-, ~~.c. ,""" . ,__J j". "~'li~ o"-\'-Jiii~ir,:'i ... " ~ . FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER PLAZA, SUITE 1400 PHlLADELPHIA, PA 19103 COURT OF COMMON PLEAS (215) 563-7000 CNILDNISION GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY vs. No.: 01-6592 JUDITH A. PRESCOTT JAMES H. PRESCOTT CERTIFICATION OF SERVICE I, FRANK FEDERMAN, ESQUIRE, hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individuals indicated below on May 20. 2003. JUDITH A. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, P A 17007 JAMES H. PRESCOTT 670 LAUREL DRNE BOILING SPRINGS, P A 17007 ~ --=== ... -~ L , FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff -~ Date: May 20, 2003 , ~ 0 '!-l~~,;;i>~i\hi;;'~i,.,;ilji!~,j{.~~,*,.ff<w!~~");"~'0Lt,ffi.i,,~~,;~,,-!1!;!\j'i\\~~E~,i*,m1'~~,,,m!;1,b1,,,<;~..,;ME,~~i1i-_l'.,,.Ulk.iiiii21 i'Wlllf~_~iIltt~' :L ~ ". ~. . ,-~- ~-~.~" ,~,~ ~. ,,<","-.. .c ~. "~~" - "~ ,.~^ . 'I ., ,., .. 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