Loading...
HomeMy WebLinkAbout01-6592FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (2~ 5) s6~-7oo0 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 Plaintiff JUDITH A. PRESCOTT JAMES H. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY CIVIl. ACTION = I,AW COMPI,AINT IN MORTGAGE FORECI.O~qIIRE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 306766150 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiffis GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 The name(s) and last known address(es) of the Defendant(s) are: JUDITH A. PRESCOTT JAMES H. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 9/24/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1573, Page 264. By Assignment of Mortgage recorded 4/10/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 641, Page 1106. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 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. 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 55o 00 $141,631.41 Escrow Credit Deficit 169 32 Subtotal .l 16o ~2 TOTAL $141,800.73 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem 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. /~/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN lot or tract of' ground situate in Monroe Township, Cumberland County, Pennsylvanta, 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 al the northwestern terminus of Laurel Drive, and at the dividing line between Lots Nos, 373 and 374 as shown on said I~lan; thence by the dividing Itne between Lat~ NOS. 373 and 374 as shown on said Plan South 36 degrees 10 minutes West 294.91 feet to a point; thence by other properly now or formerly of Penn Products Co~oration North 77 degrees 44 ........ ~^ t,.,,~..~' '3~ feel f~ ~ nninf. Ih~.nca conlinuin~3 by other 13rql3e~t¥ now or formerly of Penn Products Corporation North 04 degrees 00 minutes West 285.00 feet to a polnl; 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 an the western line of said cul-de-sac; thence by the western line of said cul-de-sac by a curve Io the left having a radius of $0.0 feet to an arc le~lgth 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 Cumberland County Plan Book 25, Page 37. UNDER AND SUBJECT to easements and restrictions of prior record. ~00,v ~08 I~,~,~. 646 BEING the same premises which Seymour Kover and Judith A. Kover, husband and wife, by Deed dated November 18, 1993 and recorded November 19, 1993 in the Office of the Recorder of Deeds in and for Cumberland County in Record Book Q-36, Page 722, granted and conveyed unto Gary L. Gross and Ruth M, Gross, Grantors herein. PRI~4ISES BEING: 670 LAUrel. DRIVE 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 unswom falsification to authorities. DATE: SHERIFF'S RETURN - REGULAR CAS~ NO: 2001-06592 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS PRESCOTT JUDITH A ET AL JASON VIOP~AL , 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 Athe DEFENDANT , at 2115:00 HOURS, on the 28th day of November , 2001 at 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 JUDITH PRESCOTT by handing to 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 18.00 Service 5.85 Affidavit .00 Surcharge 10.00 .00 33.85 Sworn and Subscribed to before me this /~- day of ~' ' -~" ~ ! A.D. ~r6t honot ary ~ So Answers: R. Thomas Kline 11/30/2001 FEDERMAN & PHELAN By: /~eput~ Sheriff SHERIFF'S RETURN CASE NO: 2001-06592 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS PRESCOTT JUDITH A ET AL - REGULAR JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon PRESCOTT JANES H the law, DEFENDANT , at 2115:00 HOURS, at 670 LAUREL DRIVE on the 28th day of ~ovember , 2001 BOILING SPRINGS, PA 17007 JUDITH PRESCOTT, WIFE by handing to 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~.3~ day of ~ ~/ A.D. / ~rothonotary ' ' ' So Answers: R. Thomas Kline Zl/30/2001 y Sheriff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE.CORPORATION Plaintiff, Vo JUDITH A. PRESCOTT JAMES II. 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 FRfldqK FEDER~VIAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attomey for Plaintiff Note: Please attach description of property. No. AIL THAT CERTAIN lot or cra¢~ of !llound situate tn Mom:ce TowmkiF, Cun",berland County. Pennsylvania, and bore particalarly boundc.-2 and described as follows by a sur','e.; or' Rcdae7 Lee D,xcker and A~s~Cm£es Re~stered Surveyor, dated March 9, 1979. BEGIN,'NING at a point on rim western line of the cai-de-sac stmawct at ~ ncr,&westem terminus of Laurel Drive, and al [he dividing ~ ber,~,'~n Lots Nos. 373 and ]74 as shown on said plan; by rae dividing line between lots Nos. 37.3 and 374. as shown on said Plan South 36 degre.~s 10 minutes W~t 294.91 feet ro a point; thc'nee by other prope,"t7 now or formerly of P.=rm Produces Corporation Nerth 77 degrees al min_u[es West 1.'7,5.23 fee,' m a Iminr; thence continuing by other properq,, now or forx'~erly of Penn Products Corporation Norr. h 04 degrees 00 minutes West 287.00 fear m a point; rtu:nce by r~e dividing line bet'ween Lots Nos. 373 and ~?t as shown on saki Plan South 82 ctegree_s 55 minu~es Easx 3,I3.07 fee~ m a point on the 'western ti~ of said cul-de-sac; thc,nc, hy r,,- weswrn ~ of said cul-de-sac by a curve m the lcf~ lmvmg a radius of 50.0 fee~ m an arc l~gtll of :50.00 fe~t an~ a chord a length of 47.94 fee: on a choffi bearing of Seuth 30 59 minmes East rna poi~, the place of BEGINNING. COt'4T~MNL-~G I. 859 acres. BEING Lot No. 373 as shown on ~e Plan of Lots of Section 'H" of White Rocl{ Acres dated Scpr.~ml, r 6, t973 and recorcl~d m Cumberland County Plan Book 25, Pag~ 37. Tax Parcel it22-33-(3043-Oa2 RECORD TITLE TQ SAID P _REMISES IS VEiTED IN James H. Prescott and ludith A. Prescott, Husband and Wife by Deed fi-ob Gary L. Gross and Ruth M. Gross, by her power of a~orney, Gary L. Gross. Husband and Wife dared 9/24199, recorded 9/29~99. in Dee~t Book Volum~ 208 Page 646. FEDERMAN AND PHELAN, LLP · By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 401 MILE OF CARS WAY NATIONAL CITY, CA 91950 Plaintiff, V. JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6592 CIVIL PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JUDITH A. PRESCOTT and JAMES H. PRESCOTT, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days fi.om 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 Plaintiffand Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY FEDERM~=Y AND PHEI~N Frank Federman, Esquire ~dentification No, 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-179S (215) 563-7000 ATTORNEY FOR PLAINTIFF GM. AC MORTGAGE CORPORATION Plaintiff VS. JI/D!TH A. PRESCOTT JAMES H. PRESCOTT : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COL~TY : 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 AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, ~XiD A_NY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN B~NY--RUPTCY, THIS CORRESPONDENCE IS NOT AiTD 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 aoDearance ~ersona!lv or by attorney and file in writinc with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a la~fer 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: CUM:BERLAND COUNTY CUMBERL_&ND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE C,KR_LISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDEP~3=~i ~ND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19!03-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPOPJ~TION Plaintiff VS. JUDITH A. PRESCOTT JAMES H. PRESCOTT : COURT OF CC~tMON PLEAS : CIVIL DIVISION : CUMBERLA~N-D COUNTY : NO. 01-6592 CIVIL Defendant(s) TO: J-JDITH A. 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 AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFOrMATiON OBTAINED FROM YOU WiLL BE USED FOR TP~T PURPOSE. IF YOU M~VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE iS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICR You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment ma/ 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 he!p: CL%IB ERLA_NT) C OU~TY CU%4BERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE C.ad~LISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 401 MILE OF CARS WAY Plaintiff, V. JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6592 CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JUDITH A. PRESCOTT is over 18 years of age and resides at, 670 LAUREL DRIVE, BOILING SPRINGS, PA 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION 401 MILE OF CARS WAY Plaintiff, v. JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6592 CIVIL Notice is given that a Judgment in the above-captioned matter has been entered against you on ~,~ t.~ 200r~ If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.* * GMAC MORTGAGE CORPORATION Plaintiff, V. JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6592 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~670 LAUREL DRIVE~ BOILING SPRINGS~ PA 17007. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JUDITH A. PRESCOTT JAMES H. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 2. Name and address of Defendant(s) in the judgment: JUDITH A. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 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 PA DEPT. OF REVENUE BUREAU OF COMPLIANCE CLEARANCE SUPPORT SECTION Last Known Address (if address cannot be reasonably ascertained, please indicate) ATTN: SHERIFF SALES DEPT. 281230 HARRISBURG, PA 17128-1230 4. Name and address of last recorded holder of every mortgage of record: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. March 12, 2002 DATE FRANK FEDE'I(~VIAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff, V. JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6592 CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FI~NK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, V. JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s). TO: JUDITH A. PRESCOTT 670 LAUREL DRIVE BOLLING SPRINGS, PA 17007 CUMBERLAND COUNTY NO. 01-6592 CIVIL March 12, 2002 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. 1F YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND 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 Sheriff's Sale on JUNE 5~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgrnent 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 Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You ma:y 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 Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tot or tract or' ~ound situate in Monroe Tew.~ki~:, C'a'T.i~erlan. d Cou,2ry, Pennsylvania, a.ud more particularly bouadc~ and de~-ibed a.s follows by a 5ur','e,,, or' Rcdce,,, Lee Decker and A~cmces Registered Surveyor, dated March 9, 1979. ' ' BEGINNING at ~ poim on ~ western !Lue of the cul-de-sac simamd at the nt;rztlwestern ~rmiaus of Laurel Drive. and at Re dividing [i~ ber,'~n Lots Nos. 37,~ ;md 37,~ a~ shown cn said plan; by the cli~Sding [iue l~evxe~n lots Nos. 373 and 374 as shown on said Plan South 36 degre,-s I0 mLuur~s W~t 294.9: feet re a point; thcrlce b? other prope:w now or formerIy of Peru Products Corporation North 77 ~grees ~ m/nuu:~ Wes~ 175.23 fee: m a .uoJ.uc: thence continuing by o~er proper~ now or formerly of Penn Producr. s Corporation North 04 ~gr~s 00 minutes We~t 285. fee[ ~o a point; tlmnce by the dividiug line between Lots Nos. 373 and ~?~t as ~howu on saicl Plan South 82 degrees 55 minm~ East 3a3.07 feet m a point on the 'west~-u line of said cul-de-sac; th~, by tl~ ~estem li~ of said cul-de-sac by a curve to the left ~vmg a radim of 50.0 feet to au arc l~ug~ of 50.00 feet ami a chord a length of 47.9a fee~ on a chord bearing of South 30 degrees 59 minutes East to a pein, the place of BEGINNING. - CONT,M.'¥LN~G t. gl9 acres. BEING Lo~ No. 373 as shown on ~e PLan of Lots of Section 'H" of Wbi~c Rock Acres dated September 6, 1973 and record;c[ i{1 Cumberland County Plan l%ok 25, Page 37. Tax Parcel i~_2_33_0043.042 KECORD OWNE~ TITLE TO SAID P _REM[$ES IS VESTED IN James H. Prescott and ludith A. ~escotI, Husband and Wif~ by Deed from Gary L. Gross aud Ruth M. Gross, by her power of auomey, Gary L. Gross. Husband and Wife dar_mt 9i24199, recorded 9/29i99, in Deed Book Volume 208 Pa~e 6,46. GMAC MORTGAGE CORPORATION Plaintiff, V. JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-6592 CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the 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): 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 of Defendant(s) in the judgment: JUDITH A. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 JAMES H. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Last Known Address (if address cannot be reasonably ascertained, please indicate) PA DEPT. OF REVENUE BUREAU OF COMPLIANCE CLEARANCE SUPPORT SECTION ATTN: SHERIFF SALES DEPT. 281230 HARRISBURG, PA 17128-1230 FORD MOTOR COMPANY P.O. BOX 3076 COLUMBIA, MD 21045 PETER KRIZ & THE ZOO ZONE 5 KLING LANE SHERMANSDALE, PA 17090 CAMP HILL PLAZA CAMP HILL, PA 17011 MONROE TOWNSHIP 1220 BOILING SPRINGS ROAD MECHANICSBURG, PA 17055 4. Name and address of last recorded holder of every mortgage of record: Salne None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. APRIL 29, 2002 DATE FIL&NK FEDEX, ESQUIRE Attorney for Plaintiff 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 ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE CORPORATION hereby verify that on 4129/02 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 4129/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: May 16, 2002 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 7160 3901 9844 8~32 3969 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 SENDER: Y-JV[D REFERENCE: SALES PS Form 3800, June 2000 RETURN Postage I .34 RECEIPT Certified Fee [ 1.90 SERVICE Return Receipt Fee 1.50 Restricted Delivery 3.20 Total Postage S Fees 6.94 US Postal Service Receipt for Certified Mail POSTM. Do Not Use ~r International Mail 716~ 3901 9844 8032 3983 TO: JAME~ H. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 SENDER: KMD REFERENCE: SALEA PS Form 3800, June 2000 RETURN [Postage I .34 RECEIPT [Certh~ed Fee I 1.90 SERVICE /Return Receipt Fee / I.S0 / Total Postage & Fees US Postal Service POSTMA Receipt for Certified Mail No Insurance Coverage Provkted Do Not Use for International Mail GMAC Mortg~e Corporation -he Court of Conm2_°n_ In'~'. ' -d CountY, ~,euns~ Writ No. 2001-6592 Civil ¥S , ~ ~.,~c 1-t Prescott 3udith A. prescott ann ~,~ ....... duly sworn according to law, states this writ R. Thomas Kline, Sheriff, who being · , o~- ~'v-F.D nursuant to instructions from Attorney Frank Federman. iS rei3'WO''eO' ~ ~'-'~' ~' ~'~ sheriff s Costs: 30.00 Docketing 30.00 Surcharge 15.00 posting Handbills .50 Law Library 1.00 Prothonotary 25.20 Share of Bills $.28 Mileage 15.00 Levy 15.00 Advertising 2.43 Certified Mail 14.38 Poundage 344.45 Law Journal Patriot News ~ $733.39 paidby attorney 6/20/02 Sworn and subscribed to before me Prothonotary R. Thomas Kline, Sheriff o GMAC MORTGAGE CORPORATION Plaintiff, JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6592 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~670 LAUREL DRIVE~ BOILING SPRINGS~ PA 17007. l. Name and address of Owner(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 of Defendant(s) in the judgment: JUDITH A. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 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 PA DEPT. OF REVENUE BUREAU OF COMPLIANCE CLEARANCE SUPPORT SECTION Last Known Address (if address cannot be reasonably ascertained, please indicate) ATTN: SHERIFF SALES DEPT. 281230 HARRISBURG, PA 17128-1230 GMAC MORTGAGE CORPORATION plaintiff, JUDITH A. pRESCOTT JAMES H. PRESCOTT Defendant(s). cUMBERLAND COUNTY No. 01-6592 CIVIL March 12, 2002 TO: JUDITH A. pRESCOTT 670 LAUREL DRIVE BOLLING 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 lIE PREVIOUSLY RECEIl/ED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE A N ATTEMPT TO COLLECT A DEB T. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 670 LAUREL DRIVE~ BOLLING SPRINGS~ PA 17007~..is scheduled to be sold at the Sheriff's Sale on JUNE $~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 146,056.4.1_ obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS, YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE_ To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000: You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your fights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the hi.~hest bidder. You inay find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tot or ~ker ~d A~soc~a~es Registered Surveyor, dat~ M~ch 9. 1979 BEGIN'NING at a ~oint on ~ western line of ~he cai-de-sac simazetC at ~e nc~&wes~m m~us La~cl Drive, ~d at ~e dNidmg ~ beP,'een Lo~ Nos. 373 ~d 374 ~ shown on by ~e dividing l~e be~eea leu Nos ~73 and ~74 as s~own o~ said PI= Sou~ 36 ~u~ W~t 294.9i f~t m i point: ~c: b9 o~ prop~' now or fo~eriy of properD' now or fore,fly of Pe~ ~ucB Co~oration No~ 04 ~gr~s ~ ~utes West feet to a ~in~; ~nce b~ ~c divid~ l~e be~een ~ts Nos. 373 and ~7~ as S~OWa on So~ 82 de~eea S5 m~t~ E=z 3~3.07 feet :o a po~t on ~e 'w~ ~ of s~d · ~: by ~ wes~m ~ 0f s~d cul~e-sac by a ~e ~o ~e le~ ~vmg a mdi~ of ~ ~g~ of ~0.00 feet ~ a chord a len$~ of 47.~ fee: on a chor~ be~i of Sou~ 59 mMu~es ~st m a pein, ~e pl<e of BEGINN~G. - CONTAI-'~LX~O I. ~9 acres. BEING Lot No. 373 as shorts on the PLan of Lots of Sectiou 'H" of Whit: Rock Acres September 0. 1973 ami recorded ill Cumberlar~ Cotlrlt'y Pla~ Book 25. Page 37. Tax Parcel ,irJ.2-33.00,J,3.0,42 R~CORB OW~R TITLE TO SAID PR.~?vIISES IS VESTED IN James H. Pr, escotz and Sudith A. Prescot't, Husband aud Wif: by Deed fi-om Gary L. Gross and Ruth M. Gross, by her power of attorney, Gary L. Gross. H~lballd and Wife clar~ 9/24/99, recorded 9/o_9/99, i~ Deed Book Volume 208 Page 6,48. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6592 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION PLANTIFF(S) From JUDITH A. PRESCOTT AND JAMES H. PRESCOTT (1) 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 attackment 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 $146,056.41 L L.$.50 Interest FROM 3/12/02 TO 6/5/02 (PER DIEM - 24.01) $2,040.85 AND COSTS Atty's Corem % Due Prothy $1.00 Arty Paid $121.85 Other Costs Plaintiff Paid Date MARCH 13i2002: REQUESTING pARTy: I~ame FRANK FE~)ERMAN, ESQ. Address! ONE PENN CENTER AT SUBURBAN STATION 1617,JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 CURTIS R. LONG Prothonotary, Civil Division THE PATRIOT NEWS THESUNDAY 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 _'~ and The · - newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 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, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ~ ~.~.... PUBLICATION ..................................................... COPY ~ ......*~ ~,,,~ o,,r-o,-rih~ ~,,~fnr,~ me'~s 17th da~of M~02 A D I Te~ L. Ru~ell, ~ P~I~ ~ I~ - // x - - ~ ~ Ham~, ~n C~ I N~ARY PUBLIC ~ ~ ?' Uy~m~ E~6, ~ ~y ~mmission expires June 6, 2002 ~. ~ ~,.~ Me.r, ~nsy~a ~ of ~s CUMBERED ~ SHERIF~ OFRCE CUMBERED ~ ~SE 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 $ 230.40 $ 1.75 $ 232.15 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News. newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. 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 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 same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 26, 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. REAL 28TATE ~ NO. 58 Writ No. 2001-6592 Civil GMAC Mortgage Corporation V$, Judith A. Prescott and Jmes H. Prescott Atty.: Frank Federman DESCRIPTION ALL THAT CERTAIN lot or tract of ground situate in Monroe Town- ship, Cumberland County, Pennsyl- vania, and more particularly bound- ed and described aa follows by a survey of Rodney Lee Decker and Associates Registered Surveyor. dat- Editor SWORN TO AND SUBSCRIBED before me this 10 .day of MAY, 2002 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.ILC.P. 3180-3183 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 fi.om 3/13/02 to 3/5/03 (per diem -$24.01) TOTAL $146,056.41 $8,595.58 and Costs $154,651.99 FRAITqK 15ED-'ERMAI~, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN lot or rrac~ of ground situate hn Monroe Town.ship, Cumberland County, Pennsylvania, and more particularly bounded and describ~i as follows by a survey of Roducy Lee Decker and Associates Registered Surveyor, dated March 9, 1979. BEGINNING at a point on the western ime of the cul-de-sac simat~ ar the nor~western terminus of Laurel Drive, and at fl~e dividing ~ be~'een Lots Nos. 373 and 37,* as shown on said plan; then¢~ by ~e dividing line be~een lots Nos. 373 and 374 as shown on said Plan South 36 clegrees 10 minutes West 294,9! f~et to a point; thence b? o~er property' now or formerly of Perm Produc:s Corporation North 77 agrees 44 minutes West 175.23 feet to a po~r; ~ence contingi~g by other prol~erry ~ow or formerly of Penn Products Corporation Nort~ 04 &grees 0o minutes West 283.00 feet to a point; thence by tile dividing line between Lots Nos. 373 anti 374 as shown on said Plan Sou~ 82 degrees 55 minu~ Eaxt 3a3.07 feet to a point on the'wesr~ ~ of said c~-cle-~ac; th~ce by tim western ~ of said cul-de-sac by a curve to the lef~ ~vmg a radius of 50.0 feet ro an arc L-ngr~ of ~0.00 feet anti a chord a length of 47.9a feet on a chord bearing of South 30 cle~rees 59 minut~ East m a poim, the place of BEGINNING. CONTAI~NL-'qG 1.859 acres. BEING Lot No. 3'/3 as shown on the Plan of Lots of Section 'H" of Whize Rock Acres dated September 6, 1973 and recorc~ct in Cumberland County Pla~l ]~ook 25, Page 37. Tax Parcel ~-2-33-0043-042 cont) ow R TITLE TO SAID PKEMI.$ES IS VESTED IN James H. Prescott and Sudith A. Prescott, Husband and Wife by Deed from Gary L. Gross and Ruth M. Gross, by her power of attorney, Gary L. Gross. Hu~d and Wife dated 9/24199, recorded 9/29/99, in Deed Rook Volume 208 Page 646. GMAC MORTGAGE CORPORATION Plaintiff, V. JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6592 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~670 LAUREL DRIVE~ BOILING SPRINGS~ PA 17007. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JUDITH A. PRESCOTT JAMES H. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 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: Nanle FORD MOTOR CREDIT COMPANY Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. BOX 3076 COLUMBIA, MD 21045 PETER KRIZ THE ZOO ZONE 5 KLING LANE SHERMANSDALE, PA 17090 CAMP HILL PLAZA CAMP HILL, PA 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: Salne None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Nanle MONROE TWP. WHITE ROCK ACRES CIVIL ASSOCIATION, INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 1220 BOILING SPRINGS ROAD MECHANICSBURG, PA 17055 RR 1 BOILING SPRINGS P.O. BOX 443 BOILING SPRINGS, PA 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: Nalne 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, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. October 24, 2002 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff, V. JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6592 CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. F~dNI~ FEDE~VI~dN, ESQUIRE Attorney for Plaintiff IN RE: PRESCOTT, JAMES H PRESCOTT,/UDITH A Debtor(s) UNrfED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA CASE NO. 02-03026JJT-! CI:b~,PTER 13 NOTICE TO CREDITORS AND OTHI~,R PARTIES IN INTEREST Notice is hereby given that the Court has entered an Order dated SEPTEMBER 24, 2002 DISMISSING the above-captioned ea~ due to: DEBTORS' FAILURE TO APPEAR AT 341 MEETING DATE: September 25, 2002 Clerk, U.S. Bankruptcy Court 228 WALNUT STREET P.O. BOX 908 HARRISBURG, PA 17108-0908 VAN-87 Do¢'ket for Case: "+ GetCaseNo0 +" (" + DktTypeExpand(m.gsDktType) + ,') Page 1 of 3 Bankruptcy Docket Report 1 02-03026 (Harrisburg) PRESCOTT, JAMES H and PRESCOTT, JUDITH A Docket items entered between 01/01/1931 and 10/24/2002 Filing View Date No. Docket Entry document 06/04/02 I VOLUNTARY PETITION under Chapter 13, Matrix, all Schedules & Doc gl PDF Statements, Plan and Summary [EOD 06/05/02] [DD] (41 l>a~es) 06/04/02 2 MOTION for Payment of Attorney Fees Pre-confirmation by by Bradford None Dorrance, Esq., as counsel for Debtors, in the amount of $2,015.00 [Disposed] [EOD 06/05/02] ICG] 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 of 341 Meeting. Objections to the plan are Doc g4 PDF (5 due 15 days after meeting held. [EOD 06/24/02] [AUT] pages) Att: PLAN PDF (2 pages) 06/26/02 5 OBJECTION to Claim gl of GMAC MORTGAGE CORPORATION; filed by None Debtors [Disposed] [EOD 06/27/02] [CG] 07/02/02 6 ORDER fixing hearing date on 08/05/02 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 ICG] 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.), THIRD & WALNUT STS., HARRISBURG,PA. 17108 Re: Item # 9. [EOD 07/11/02] ICG] 07/16/02 11 OBJECTION to Claim #5 of CONNECTICUT GENERAL LIFE INSURANCE None CO.; filed by Debtors [EOD 07/17/02] ICG] 07/16/02 12 CERTIFICATE of service Re: Item # 10. [EOD 07/17/02] [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 # 11. [Rescheduled] [EOD 07/18/02] [CG] 07/22/02 14 ANSWER by GMAC MORTGAGE CORPORATION Re: Item # 5. [EOD None 07/23/021 [CG] 07/23/02 15 CERTIFICATE of service Re: Item # 13. [EOD 07/24/02] [DS] None · ../nPacer?ExecThis=docket&puid=01035467965&case_no=2002_03026&office= 1 &DktTypd 0/24/2002 ,,+ Dc~gket for Case: "+ GetCaseNo0 +" ( DktTypeExpand(m.gsDktType) + ") Page 2 of 3 07/25/02 16 ANSWER by CONNECTICUT GENERAL LIFE INSURANCE COMPANY Re: None Item tt 11. [EOD 07/25/02] ICG] 08/01/02 17 341 meeting not held-to be rescheduled. [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 ASSIGNEE/PROVIDIAN; filed by Debtors [EOD 08/06/02] [CG] 08/06/02 20 MOTION to continue Hearing due to schedule conflict; filed by Connecticut Doc #20 PDF General Life Insurance Co. Re: Item It 13. [Disposed] [EOD 08/06/02] [BW] (3 pages) CERTIFICATE OF CONCURRENCE OF DEBTORS' COUNSEL [EOD 08/06/021 [BW] 08/07/02 21 ORDER denying Debtors' Objection Re: Item # 5. [EOD 08/07/02] [CG] None 08/08/02 22 ORDER fixing hearing date - Phone Conference with Chambers on 09/23/02 at None 1 I:00 A.M. at FED.BLDG., BKRPTCY CTRM.(3RD FLR.), THIRD & WALNUT STS., HARRISBURG,PA. 17108 Re: Item # 19. [EOD 08/08/02] [CG] 08/09/02 23 CERTIFICATE of service Re: Item It 22. [EOD 08/12/02] [CG1 None 08/12/02 24 ENTRY OF APPEARANCE of MARTIN A. MOONEY, ESQ. OF DEILY, None DAUTEL & MOONEY, LLP, ON BEHALF OF AMERICREDIT FINANCIAL SERVICES, INC. [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 08/12/02] [JG] 08/14/02 26 ORDER granting Continuance Re: Item # 20. [EOD 08/14/02] ICG] 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.), THIRD & WALNUT STS., HARRISBURG,PA. 17108 Re: Item # 11. [EOD 08/14/02] ICG] This entry cancels the previous due date. Re: Item It 13. [EOD 08/14/02] [CG] 08/16/02 27 CERTIFICATE of service of notice ofrescheduled 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., BKR.PTCY CTRM.(3RD FLR.), THIRD & WALNUT STS., HARRISBURG,PA. 17108 [EOD 09/09/02] ICG] 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 It 9. [EOD 09/23/02] ICL] 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 [3341 Meeting None [EOD 09/24/02] ICG] 09/27/02 32 NOTICE to creditors of dismissal of case [EOD 09/27/02] [AUT] None ENTERED IN ERROR SHOULD NOT HAVE BEEN AUTO DOCKETED [EOD 09/30/021 ICG] 09/27/02 33 FINAL REPORT of Ch. 13 Trustee [EOD 09/27/02] ICG] None · ../nPacer?ExecThis=docket&puid=01035467965&case_no=2002_03026&office=l &DktTyp 10/24/2002 D6cket for Case: "+ GetCaseNo0 +" (" + DktTypeExpand(m. gsDktType) + ") Page 3 of 3 09/30/02 34 NOTICE to creditors of dismissal of case [EOD 09/30/02] [AUT] Doc #34 PDF (3 ~a~es) 10/07/02 35 MOTION of Debtor to reinstate case Re: Item # 31. [EOD 10/08/02] ICG] Doc #35 PDF (3 nages) 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,PA. 17108 Re: Item # 35. [EOD 10/10/02] ICG] Printed: 10/24/02 10:00:07 PACER Login: IDeseription: PACER Service Center Transaction Receipt 10/24/2002 10:00:07 [IfpO039 ]]Client Code: [ [[Docket [lease Number: Billable Pages: 113 ilcost: llo.21 II12002-03026 Need help? Try the PACER User's Guide ~acer Service Center · ../nPacer?ExecThis=docket&puid=01035467965&case_no=2002_03026&office= 1 &DktTyp 10/24/2002 GMAC MOR'~GAGE Coi~ORATIOlq plaintiff, JUDIT11 A. ~RESCOTT jAMES 1t. p1~sCOTT Defendant(s)' TO: jUDITH A. pRESCOTT : ci~B~RL~D COI~TY : No. ~1°6592 *. October ~4, ~002 jAMES 1-I. pREsCOTt 6'/0 LAUREL D1OVE 670 LAUREL DRIVE BOILING SPRINGS, PA 1"/00'/ BOILING sPRINGS, PA 1 EBT AND ANY INFO~ATION .~ TO cOLLECT A D . _ ~ ~LLECTOR A~EMP~.,~ p~oUSLY ~.,_D TO BE **~m FI~ IS A ~EB~ ~7~ mmPOSE. IF YOU THIS IS NOT AND SHOULD NOT BE CONSTRUED OBTAINED ~LL BE uo~ - p~i,s AN A~EMPT TO COLLECT A DEBZ BUT ONLY ENFORCEMENT OF A Yo~ ho~e (rea~e~~e C~berl~a ~'~ A 17013, to ~force ~e co~ jud~ent of ~ obt~ned by scheduled to be sold at ~e ~.~- inst ou. ~ ~e event ~e sale is G~C MORI'~~..~,'11 be made at sma sate m G~;~ will be ma~: contmuea, ~' .... No~CE OF OWNER'S ~GHTS YOU MAY BE ~LE TO p~vENT THIS S~'S To prevent ~s Sheriffs Sale, you must t~e imme~e action: ~e sge will be c~celled if you pay to the moORage, ~e back pa~ents, late ch~ges, out how much you must pay, you ma: 1. costs ~d re~onable attorney's fees due. To find call: ~ able to stop the s~e by filing a petition as~ng ~e Co~ to sffike or op~ 2. You may b~ ~e jud~t w~ improp~ly entered. You may also ~k ~e C°~ t° jud~ent, pos~one the sale for good cause. 3. You may also be able to stop the sale ~ou~ other legal proceedings. You may need m attorney to asse~ your fi~ts. The sooner you contact one, the more chm~ you wig have of stopping the sale. (See notice on page ~o on how m obt~n ~ aRomey.) 1. If the Sheriffs Sale is not stopped, your property will find out the price bid by calling ~. be sold to the h/ghest bidder. You may 2. You may be able to pet/t/on the Court to set aside the sale if the bid price was inadequate compared to the value of your property, grossly 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the OWner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be pa/d out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are flied with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways ofgett/ng your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU DO NOT HAVE CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot or tracx of ground situate in Monroe Township, Curt'shetland County, Pennsylvania, a~d more particularly bounded and described as follows by a mrvey 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 simamd at the northwestern terminus of Laurel Drive, and at [he dividing ~ l~er~'een Lots Nos. 372 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 b? other property now or fo~meriy of Pelm Products Corporation North 77 degrees 44 minutes West 175.23 feet to a point; thence cominui~g by other property now or formerly of Penn Products Corporation North 04 degrees 00 minutes West 285.00 f~t to a point; thenc~ by tile dividing line between Lots Nos. 373 and ~74 as shown on said Plan South 82 degrees 55 minmes East 343.0'7 feet ro a point on the'western tine of said cul-de-sac; th~ac, by the western li~ of said cul-de-sac by a curve to the left having a radius of 50.0 feet to an arc l~igth of 50.00 feet and a chord a length of 47.94 feet on a chord beating of South 30 degrees 59 minutes East to a point, the place of BEGINNING. CONTAINLNG 1.859 acres. BEING Lot No. 373 as shown on the Plan of Lots of Section 'H" of White Rock Acres dated Sepr~ml~r 6, 1973 and recorded in Cumberland County Plan Book 25, Page 37. Tax Parcel ,jr22-33-0043.042 m c0R0,OW l TITLE TO SAID PREMISES I$ VESTED IN James H. l>rescoa and Judith A. Prescou, Husband and Wd,' by Deed from Gary L. Gross and Ruth M. Gross, by her power of attorney, Gary L. Gross, Husband and Wife dated 9i24/99, recorded 9/29/'99. in Deed Book Volum~ 208 Page 646. 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 this writ is returned STAYED pursuant to instructions from Attorney Frank 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 q~ day of~~y__ 2003, A.D. (~,~ ~, Prothonotary So Answers: R. Thomas Kline, Sheriff Real Estate Deputy GMAC MORTGAGE CORPORATION Plaintiff, ¥o CUMBERLAND COUNTY COURT OF COMMON PLEAS .. JUDITH A. PRESCOTT : JAMES H. PRESCOTT : ~,, _ SUANT TORULE 3129 ffidavit No. 1) CIVIL DIVISION NO. 01~6592 CIVIL 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 of Owner(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 BOLLING SPRINGS, PA 17007 2. Name and address of Defendant(s) in the judgment: Same as above PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE CORPORATION Plaintiff, V. JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s). : No. 01-6592 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/13/02 to 6/11/03 (per diem -$24.01) TOTAL $146,056.41 I/ ..$ 10,948.56 and Costs $157,004.97 RMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. DESCRIPTION ALL THAT CERTAIN lot or tract of ground situate in Monroe Township, CumberIand 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 Perm Products Corporation North 77 degrees 44 minutes West 175.23 feet to a point; thence continuing by other property now or formerly of Perm 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 Acres~,dated September 6, 1973 and recorded in Cumberland County Plan Book 25, Page 37. .. Tax Parcel//22-33-0043-042 ~,,SA~I..D~_,P~REMI_SES 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 a~orney, Gary L. Gross,. H. usband and Wife dated 9/24/99, recorded 9/29/99, m Deed Book Volume 208 Page 646 Property. 670 LAUREL DRIVE · BOILING SPRINGS, PA 17007 WRIT OF EXECUTION and/or 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 PA 17007 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 670 LAUREL DR., BO/L/NG 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 h/m/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $146,056.41 L.L. Interest 3/13/03 TO 6/11/03 ~ $24.01 per diem $10,948.56 Atty's Corem % Arty Paid $960.26 Due Prothy 1.00 PlainfiffPaid Other Costs Date: March 11, 2003 CURTIS R. LONG Proth ,c~tary (Seal) By: ~ REQUESTING PARTY: '~.-~/ ~'~P2atY Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 GMAC MORTGAGE CORPORATION Plaintiff, V. JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6592 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~670 LAUREL DRIVE~ BOILING SPRINGS~ PA 17007. 1. Name and address of Owner(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 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 FORD MOTOR CREDIT COMPANY PETER KRIZ THEZOO ZONE PA DEPT. OF REVENUE BUREAU OF COMPLIANCE DEPT. # 280946 Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. BOX 3076 COLUMBIA, MD 21045 5 KLING LANE SHERMANSDALE, PA 17090 CAMP HILL PLAZA CAMP HILL, PA 17011 ATTN: SHERIFF' S SALES HARRISBURG, PA 17128 4. Name and address &last recorded holder of every mortgage of record: Name Last Known Address (if address None reasonably ascertained, please cannot be indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be None reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name MONROE TOWNSHIP WHITE ROCK ACREs CIVIL ASSOCIATION, INC. Last KnOwn Address (if address cannot be reasonably ascertained, please indicate) 1220 BOILING SPRINGs ROAD MECHANIcSBURG, PA 17055 RR 1 BOILING SPRINGS P.O. BOX 443 BOILING SPRINGS, PA 17007 7. Name and address of every other Person of whom the plainti£fhas know/edge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I vet/fy 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 10 2003 ~ DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff, JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6592 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff, V. JUDITH A. PRESCOTT JAMES H. PRESCOTT Defendant(s). TO: JUDITH A. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 CUMBERLAND COUNTY No. 01-6592 March 10, 2003 JAMES H. PRESCOTT 670 LAUREL DRIVE BOLLING 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~ BOLLING 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, PA 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: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. DESCRIPTION ALL THAT CERTAIN lot or tract of ground situate in Monroe Township, Cumberland County, Penn.~ylvania, 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 culde-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 Cumberland County Plan Book 25, Page 37. .. Tax Parcel #22-33-0043-042 TITLE TO SAIl') PREMISES IS VESTED IN James H. Prescott and Judith A. Prescott, Husband and Wife by Deed from Gary L. Gross and l~uth 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 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 VS. JUDITH A. PRESCOTT JAMES H. PRESCOTT ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-6592 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 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 VS. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-6592 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 (1) 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 of the 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 of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted: FRANK FiEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF EXHIBIT A PLAINTIFF m;FENDANT(S) AFFIDAVIT OF SERVICE GMAC MORTGAGE CORPORATION JUDITH A. PRESCOTT JAMES II. PRESCOTT CUMBERLAND COUNTY No. 01-6592 ACCT. #306766150 KMD 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 of Defendant(s)'s residence who refused to give name or relationship. __Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age__ Height__ 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 Sheriff's 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. On the day of Moved Unknown NOT SERVED ,200,~, at///.'-'t'/5 o'clock ~.~_.m., Defendant NOT FOUND because: __ No Answer x~ Vacant 1st Attempt: / / Time: · 2''a Attempt: / / Time: 3rd Attempt: / / Time: · Sworn to and subscribed beforg me this ~,,~ ~'iday of ~¢c [~ ,200 ~. ,-, N°tary: ~3~"Y~ ~~ BY: ~~~.1 Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 I PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE GMAC MORTGAGE CORPORATION JUDITH A. PRESCOTT JAMES H. PRESCOTT CUMBERLAND COUNTY KMD No. 01-6592 ACCT. #306766150 SERVE JUDITH A. 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 at , o'clock __.m., at , Defendant, on the day of ,200_, . , 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 of Defendant(s)'s residence who refused to give name or relationship. __Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age __ Height 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 Sheriff's 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 t~/0ddayof Pa~:t~ ,200~__,at . Moved Unknown __ No Answer 1st Attempt: / / Time: · o'clock ~.m., Defendant NOT FOUND because: /~ Vacant 2na Attempt: / / Time: 3rd Attempt: / / Time: · Sworn to and subscribgd be f°r~ Pie tl3is ~7"'~ ~day ' Frank Federman, Esquire - I.D. No. 12248 EXHIBIT B 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, PA 17007 Property Address: 670 Laurel Dr. Boiling Springs, PA 17007 Mailing Address: 670 Laurel Dr. Boiling Springs, PA 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-noted 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, PA 17007. Our office made a telephone call to the mortgagors phone number 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, PA 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 It. Prescott - 670 Laurel Dr. Boiling Springs, PA 17007 B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is an active nmiling 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. 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. A.K.A. 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 made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom 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 Sco~.Nulty SKN Data Research Inc. President Sworn to and subscribed before me this /,/~ day of 2003 NO"fARY~UBLIC ' - Notarial Seal Margaret E. Nulty, Nota~'y Public East Goshen Twp., Chester County My Commission Expires Dec. 19, 2005 Member, Pennsy}vania Association Of Nora:i:~,s The above information is obtained from available public records and we are only liable for the cost of the affidavit 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 FOR PLAINTIFF 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 VS. JUDITH A. PRESCOTT JAMES H. PRESCOTT ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-6592 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, PA 17007 JAMES H. PRESCOTT 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: May 20, 2003 HA'( 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 VS. JUDITH A. PRESCOTT JAMES H. PRESCOTT ATTORNEY FOR PLAINTIFF COURT OtI COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-6592 ORDER AND NOW, this ~')~day of ~, 2003, upon consideration of PlaintifPs 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 me 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 service.an Jo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE CORPORATION VS. JUDITH A. PRESCOTT JAMES H. PRESCOTT ) CIVIL ACTION ) ) CiVIL DIVISION ) NO. 01-6592 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for GMAC MORTGAGE CORPORATION hereby verify that on March 10, 2003 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. DATE: July 31, 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '~ o m > o. ~ - 0 ~ 0 ~ o ~ 8 o~ m ~= ~ ~ ._ o~ ~ $ 02.100 ~ ~. ~ MAILED FROM ZIPCODE ,~ ~ 03 PRAECIPE FOR LISTING CASE FOR ARGLrMENT (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) G1NA L. ISRAELOFF, Plaintiff V. COLLEEN DORSEY, Defendant argument. Civil Action No. 02-94 State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Partial Judgment on the Pleadings Identify counsel who will argue the case: (a) for Plaintiffs: Kimberl¥ M. Colonna, MeNees Wallace & Nuriek LLC~ 100 Pine Street, Harrisburg, PA 17108 (b) for Defendant: Mark C. Duffle, Johnson, Duffle, Stewart & Weidner, 301 Market Street~ P.O. Box 109, Levmoyne, PA 17043-0109 I will notify all parties in writing within two days that this case has been listed for Argument Court Date: August 27, 2003 McNEES WALLACE & NURICK LLC Ki~berlj M. Colonna Attorneys for Plaintiff Dated: August 1, 2003 FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER pHILADELPHIA, PA 19103 215) 563-7000 GMAC MORTGAGE CORPORATION VS. JUDITH A. pRESCOTT JAMES H. pRESCOTT ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6592 ~ER1FICATION 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 IIII,Y 31, 21)03 at 670 LAUREL DRIVE, BOLLING SPRINGS, PA 17007, in accordance with the Order of Court dated, The undersigned understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unswom falsificaton to authorities. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF DATE: August 6, 2003 HAY 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 VS. JUDITH A. PRESCOTT JAMES H. PRESCOTT ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS C1VIL DIVISION CUMBERLAND COUNTY No.: 01-6592 ORDER AND NOW, this ~ day of "--~ ,2003, upon consideration of Plaintiff's 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 Plaintiff's attorney, who ~e will file with the Prothonotary's Office m rvice. 7160 3901 9848 0306 5477 TO: ]UDITH A. pRESCOTT 670 LAUREL DKiVE BOILING SPILEqGS, PA 17007 SENDER: TEAM 2 JRL REFERENCE: PS Form 3000, June 2000 RETURN postage RECEIPT Certified Fee SERVtCE Return Recei~p_t Fee Restricted Oeiive~ ~ postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided .37 2.30 0.00 - 0.00 ~ i 2.67 ~os'TMARK OR DATE 7160 3901 9848 0306 5484 670 LAUREL DRIVE BOILING SPRINGS, PA 17007 SENDER: TEAM 2 YRL REFERENCE: RETURN RECEIPT SERVICE June Postage Certified Fee Return Receipt Fee US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mai[ 2.30 0.00 0.00 2.67 I~O~STMARK OR DATE COMMONWEALTH OF PENNSYLVANIA -~ COUNTY OF CUMBERLAND j~ 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 3r.d day of Sept A.D., 2003, under and by virtue of a writ Execution issued on the 1 lth day of March, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 6592, at the suit of GMAC Mt~ CorD against Judith A Prescott is duly recorded in Sheriff's Deed Book No. 259, Page 1642. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this t/ 7'-'g~ day of ~ ~] /~C ~~Recorder o~~~d~ 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 April 11, 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 of 500 Enterprise Road, Suite 150, Horsham, PA 19044, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $851.13. Sheriffs Costs: Docketing $30.00 Poundage 16.69 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 8.28 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 316.55 Patriot News 253.87 Share of Bills 25.24 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 851.13 Sworn and subscribed to before me So Answers: Thisjo_~ dayof~ . ~ ~, ~ _.. R. Thomas Khne, Sheriff 2003' A'D'(~C~Prohhonotary ~) ~ If~ Real Esta(edDeputy 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, PA 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 Real Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. ,587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The 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 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. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M', Volume 14, Page 317. PUS.,c. T,o. .................... ....... COPY s o to and subsc~b.e/cl b~fore ~ 14th day of~ 20~3-7~. My~mi~ionExpiresJune6,~ ~ NOTARY PUBLIC ~m~r. Penns~vania As~n~No~ 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. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of 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: 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 tree. RE, AL ESTATE 8AI.,E NO. 67 Writ No. 2001-6592 Civil GMAC Mortgage Corporation Judith A. Prescott and James H. Prescott Atty.: Frank Fedennan DESCRIPTION , ALL THAT CERTAIN lot or tract of ground situate tn Monroe Town- stap, 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 March 9, 1979. BEGINNING at a point on the western line of the cul-de-sac situ- ated 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 degxees 10 minutes West 294.91 feet to a point: thence by other property now or formerly of Perm Products Corporation North 77 degrees 44 minut~ West 175.23 feet to a point; thence continuing by other property now or formerly of "~rm Products Corporation North 04 ~s 00 minutes West 265.00 'qint; thence by the divid- -n Lots Nos. 373 and ~aid Plan South East 343.07 ',~ line of e Coyne/Editor SWORN TO AND SUBSCRIBED before me this 9 _day of MAY, 2003 373 and. 374 as shown on sea 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-de-sac by a curve to the left having a radius of 50.0 feet to an a~c length of 50.00 l~et and a chord a length of 47.94 feet on a chord bea~ing of South 30 de grees 59 minutes East to a point, the place of BEGINNING. COi'~I'AINING 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. TITLE TO SAID PREMISES IS VESTED IN James H. Prescett 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 DR/VE, BOILING SPPANGS, PA 17007.