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Home My WebLink About03-3861FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 338 SOUTH WARMINSTER ROAD HATBORO, PA 19044 Plaintiff RICHARD M. WALLACE 112 NORTH 34Tn STREET CAMP HILL, PA 17011 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O2 CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against 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 File#: 62238 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) YVITH 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. File #: 62238 Plamtiffis THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 338 SOUTH WARMINSTER ROAD HATBORO, PA 19044 The name(s) and last known address(es) of the Defendant(s) are: RICHARD M. WALLACE 112 NORTH 34TM STREET CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, On 05/31/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to DECISION ONE MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1617, Page 895. By Assignment of Mortgage recorded 09/27/02 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 690, Page 2459. 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 05/05/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith, File #: 62238 6. The following amounts are due on the mortgage: Principal Balance Interest 04/05/2002 through 08/07/2003 (Per Diem $21.23) Attorney's Fees Cumulative Late Charges 05/31/2000 to 08/07/2003 Cost of Suit and Title Search Subtotal $80,463.57 10,402.70 1,250.00 159.36 $ 550.00 $ 92,825.63 Escrow Credit 0.00 Deficit 680.00 Subtotal $ 680.00 TOTAL $ 93,505.63 The attorney's fees set forth above are in conforrmty with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTI/:F demands an in rem Judgment against the Defendant(s) in the sum of $ 93,505.63, together with interest from 08/07/2003 at the rate of $21.23 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. FEDERMAN~ AND PHELAN, LLP/] By: /s/Ffah'cis S. Hallinan FRANK FEDERMAN, ESQUII~E LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 62238 ALL THAT CERTAIN ple~:c or parcel of land situate in the Borotlgh of'Camp Hill, Cumberland County, Pennsylvania, more particularly bounded and de~cri, bod as follows, to no~ly ~m ~e no~ly ~m~ of~c lnt~tion of~o~ 34~ S~ct ~lb~ DHvo; ~o~ ~u~ 84 do~ 03 min~t~ ~=~ 85.93 feot ~ a ~int; theflcc no~ 0~ do~s 57 ~nu~s w~t, 2f51 feet Io a ~in~ ~ sou~ 84 doEr~ 03 mim~ ~ 18.~ f~t to a point~ ~ence no~ 05 de~ 57 mlnut~ wesk 34.10 Feet to a~ thenoo no~ ~4 d~s 03 minutes o~t, 98.10 f~t °f~o~ 34~ S~ ~n~ along ~e w~terly side of~o~ 34th S~o~ Sou~ 12 dogrees 28 mlnu~ ~ 60 feet to a ~ln~ the Place of BEGI~IN~. PROPERTY ADDR~S~ : 112 ~N~H '3~4th ST~ET VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Pla'mtiff and are tree and correct to the bes~t of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification fi.om Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unswom falsifications to authorities. DATE: ~-]~.~ Francis S. aldg~nafi; Esquire Attorney for Plaintiff SHERIFF'S RETURN CASE NO: 2003-03861 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND - NOT FOUND BANK OF NEW YORK THE VS WALLACE RICHARD M R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT WALLACE RICHARD M unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and but was He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT NOT FOUND , WALLACE RICHARD M as to 112 NORTH 34TH STREET CAMP HILL, PA 17011 NEIGHBOR THINKS THAT DEFENDANT MOVED. HE HAS NOT BEEN SEEN LATELY. MAIL IS STILL DELIVERED THERE. Sheriff's Costs: Docketing 18 Service 28 Not Found 5 Surcharge 10 61 THERE IS FURNITURE INSIDE. oo ine O0 Sh~Sf~ o~ ~erl~d ~unty O0 98 ~EDER~ & PHELAN 'J 09/05/2003 Sworn and subscribed to before me this /'~ ~ day of · ~2euj A.D. Prothonotary Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attomey for Plaintiff THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 COURT OF COMMON PLEAS VS. RICHARD M. WALLACE CIVIL DIVISION CUMBERLAND COUNTY NO. 03-3861 CIVIL TERM ORDER AND NOW, this day of ,2003, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiffmay obtain service of the Complaint, and all furore pleadings, on the above captioned Defendant, RICHARD M. WALLACE by: 1. First class mail to RICHARD M. WALLACE at the last known address, and the mortgaged premises located at 112 NORTH 34TH STREET, CAMP HILL, PA 17011 2. Certified mail to RICHARD M. WALLACE at the last known address, and the mortgaged premises located at 112 NORTH 34TH STREET, CAMP HILL, PA 17011.. BY THE COURT: H:/Main Forms/motions/county.comp Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 VS. RICHARD M. WALLACE COURT O17 COMMON PLEAS CiVIL DiVISION CUMBERLAND COUNTY NO. 03-3861 CIVIL TERM MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Federman and Phelan, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant by certified mail and first class mail to the Defendant's last known address and mortgaged premises located at 112 NORTH 34TH STREET, CAMP HILL, PA 17011 and in support thereof avers the following: 1. Attempts to serve Defendant, Richard M Wallace, with the Complaint at the above- mentioned mortgaged promises have been unsuccessful. The Defendants neighbor stated that Richard M. Wallace has not been seen lately and may have moved, as indicated by the Sheriffs Return 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(s). An Affidavit of Reasonable l~nvestigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". H:/Main Forms/motions/county.comp 3. Plaintiff has reviewed it's internal records and has not been contacted by defendant as of October 6~ 2003 to bring loan current. 4. Plaintiff submits that it has made a good faith effivrt to locate the defendants, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by certified mail and first class mail. Respectfully submitted, Federman and Phelan, LI~P Attorney for Plain~n~tj, ff~ / By:~'~'""~ f LawrSnce T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Federman, Esquire H:/Main Forms/motions/county.comp Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 THE BANK OF NEW YORK, ACTING SOLELY 1N ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 VS, RICHARD M. WALLACE Attorney for Plaintiff COURT OF COMMON PLEAS CIVII, DIVISION CUMBERLAND COUNTY NO. 03-3861 CIVIL TERM 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. Polls, 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 Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the H:/Main Forms/motions/county.comp whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WltEREFORE, Plaintiff respectfully requests service of the Complaint by certified mail and first class mail. Respectfully submitttxl, Federman and Phelan, LLP Attorney for Plaintiffj / By: ~'"'7~.~..J/~ Lawrence T. Phelan, EJquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Federmart, Esquire H:/Main Forms/motions/county.comp SHERIFF'S RETURN - NOT FOI/ND CASE NO: 2003-03861 p COMMONTWEALTH OF PENNSYLVANI~ COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS WALLACE RICH3LRD M R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named DEFENDANT WALLACE RICHARD M ,Sheriff or Deputy Sheriff, who being search and but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , , NOT FOUND the within named DEFENDANT , WALLACE RICHARD M 112 NORTH 34TH STREET CAMP HILL, PA 17011 NEIGHBOR THINKS THAT DEFENDANT MOVED. HE HAS NOT BEEN SEEN LATELY. MAIL IS STILL DELIVERED THERE. THERE IS FURNITURE INSIDE. as to Sheriff,s Costs: Docketing Service Not Found Surcharge So a rs ~' ? 18.00 28.98 5.00 ~ /~R~. ?homas'Kline 10.00 ~iff of Cumberland County .00 61 . 98 i/FEDERMAN & PHEIJ~N ' %/ 09/05/2003 Sworn and subscribed to before me this day o.f Prothonotary EKL DATA, INC AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: File Number: Attorney Firm: Federman & Phelan Subject: Richard WaHace Property Address 112 N. 34th Street Camp Hill, PA 17011 Last Known Address: 112 N. 34th Street Camp Hill, PA 17011 Current Address: As of July 30, 2003 l12N. 34th Street Camp Hill, PA 17011 Last Known Number: 717737-4228 George H. Lewis, III, being duly swom according to law, deposes and says: 1. I am employed in the capacity of researcher for EKL DATA, INC. 2. On July 30, 2003, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: Credit Information A. Social Security Number Our search verffied the following to be true and correct: 1. Richard Wallace: 19%50-3161 Employment Search: Richard Wallace - The creditors Indicate that the above-mentioned mortgager has the PA Dept. of Welfare in Harrisburg, PA 17105 listed under his last employment. Inquiry of Creditom: The creditors indicated that Richard Wallace resides at: 112 N. 34th Street, Camp Hill, PA 17011. II. Inquiry of Telephone Company A. Directory Assistance Seamh: On July 30, 2003, our office contacted directory assistance, which indicated that the mortgagor's telephone number is 717 7374228 at 112 N. 34th Street, Camp Hill, PA 17011. The Telephone Company indicated that the telephone number is registered to Richard Wallace. On July 30, 2003, our office reade a telephone call to the mortgagor's phone number and received an answering message that stated that the number had been disconnected. III. Inquiry of Neighbors Our office, using an Internet database that supplies neighboring telephone numbers, contacted the mortgagor's neighbor, Mr. Fiola at 114 N. 34th Street, Camp Hill, PA 17011 with the phone number of 717 7614212 on July 30, 2003 and attempted to verify with him that the above-mentioned mortgagor does reside at 112 N. 34th Street. Mr. Flola refused to give us any information. EKL DATA, INC AFFIDAVIT OF GOOD FAITH INVESTIGATION IV. VI. Inquiry of Post Office A. National Address Update: Our inquiry with the National Address database on July 30, 2003 indicates that the following is correct: Richard Wallace - 112 N. 34th Street, Camp Hill, PA 17011. B. Additional Active Mailing Addresses Our research has not located any other additional mailing addresses for the above- mentioned mortgager. Inquiry of DMV Per the Pennsylvania Department of Motor Vehicles Richard Wallace has a valid identification registration with the state. Other Inquiries A. Death Records: As of May, 2003, there is no record for the above-mentioned mortgagor or mortgagor's social security number on file with the Social Secnrity Death Index. B. Public Licenses NoneFound County Voter Registration: On July 30, 2003, our office, using a database of all registered voters in the state of Pennsylvania, confirmed that the county does have Richard Wallace listed as a registered voter with an address of 112 N. 34th Street, Camp Hill, PA 17011. The above- mentioned mortgager last reported voting in the G 2002 election. D. D.O.B.: Richard Wallace: 10/17/1956 E. Miscellaneous Information None 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 unswom falsification to authorities. rge H Lewis III Subscribed and sworn before me on July 30, 2003. rN~tary Public ' Noenial Seal Ellen K, Lewis, Notary Public Havcrford Twp., Dalawar~ County My Commission Expires Apr. 17, 2007 National Property Match 1 out of 2 hit(s) Assessor Record Parcel Number: 01210273206 Owner Name: WALLACE,RICHARD M & CHRISTINE M Mall Addr.: 112 N 34TH ST CAMP HILL PA 17011-2704 Spouse: CHRISTINE M Phone: 7177374228 Property Addr.: 112 lq' 34TH ST CAMP HILL PA 17011-2704 County: Cumberland (Code PA041) Municipal. Code: CU Carrier Route: C035 Page 1 of I Units: t Rooms: Sq. Lot: 1120 Assessed Value: $100,490.00 Tax Amount: 40100 Sale Amount: $0.00 Transact. Type: R Loan Amount 1:$0.00 Int. Rate Type: Lender: Year Built: Bedrooms: Lot Size: 5662 Percent Improv.: 8539 Title Company Code: Sold Date: Last Transact. Date: Loan Amount 2:$0.00 Full or Part.: Homeowner Exempt: Eft. Yentr Built: Bathrooms: Zoning: Std. Use Code: RSFR Deed Type: Sold Doe: 000032W567 Transact. Doc: Loan Type: Mult. nr Port.: Legal Desc.: PT. LOTS 108-09-10-11 PB 7 PGHOUSE HOLLYWOOD DEVELOPMEN VERIFICATION Francis S. Hallinan, 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 PURSUANT TO SPECIAL ORDER OF COURT are tree and correct to the best of his knowledge, information and belief. The undersigned tmderstands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Respectfully submitted, Federman and Phelan, LI/P Att~y_for Pl~iff// Francis S. Hallinan, Esquire H:/Main Forms/motions/county.comp Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 Attomey for Plaintiff COURT OF COMMON PLEAS Vs. RICHARD M. WALLACE CWIL DWISION CUMBERLAND COUNTY NO. 03.-3861 CIVIL TERM CERTIFICATION OF SERVICE I, Francis S. Hallinan, Esquire, herby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. RICHARD M. WALLACE at: 112 NORTH 34TH STREET CAMP HILL, PA 17011 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Dated: Respectfully submitted, Federman and Phelan,?LLP Attomey_ for P~nt' By: Francis S. Hallinan, Esquire H:/Main Forms/motions/counW.comp FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION CUMBEKLAND County VS. RICHARD M. WALLACE : No. Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FEDERMAN AND PHELAN, LLP By: ~--~-~ FRANK FEI)E~VIAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Date: September 26, 2003 /jrh, Svc Dept. Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff OCT 0 g 2003 THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 RICHARD M. WALLACE COURT OF COMMON PLEAS : : VS. : ORDER AND NOW, this [ ~' day of CIVIL DIVISION CUMBERL2d'qD COUNTY NO. 03-3861 CIVIL TERM · 2003, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint, and all future pleadings, on the above captioned Defend~rat, RICHARD M. WALLACE by: 1. First class mail to RICHARD M. WALLACE at the last known address, and the mortgaged premises located at 112 NORTH 34TH STREET, CAMP HILL, PA 17011 2. Certified mail to RICHARD M. WALLACE at the last known address, and the mortgaged premises located at 112 NORTH 34TH STREET, CAMP HILL, PA 17011.. BY THE COURT: H:/Main Forms/motions/county.comp FEDERMAN AND P BY: FRANK FEDEI~ Identification No. 12'~ 1617 John F. Kenned Philadelphia, PA 191 ( (.215) 563-7000 THE BANK OF N SOLELY IN ITS CA] FOR EQCC TRUST Plaintiff VS. RICHARD M. WALl Defendant(s) I hereby certif3 Foreclosure in the abo requested, to the follo~ STREET, CAMP HI dated October 14, 2001 penalties of 18 Pa. C2 Date: October 27 201 :IELAN MAN, ESQUIRE 48 7 Boulevard Suite 1400 3-1814 ~W YORK, ACTING 'ACITY AS TRUSTEE 001-2 Attorney faf Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION ACE CUMBERLAND COUNTY NO. 03-3861 CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT I~V MAll, PIIR,~IIANT TO COIIRT ORDER that a tree and correct copy of the Civil Action Complaint in Mortgage 7e captioned matter was sent by regular and certified mail, remm receipt ~ing persons, to RICHARD M. WALLACE at 112 NORTH 34TH LL, PA 17011 on _Oatahar..22,_2fl~, in accordance with the Order of Court ;. The undersigned understands that this statement is made subject to the . §4904 relating to unswom falsification to authorities. Attorney for Plaintiff 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 THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 338 SOUTH WARMINSTER ROAD HATBORO, PA 19044 Plaintiff, RICHARD M. WALLACE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3861 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiffand against RICHARD M. WALLACE, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 8/7/03 to 12/2/03 TOTAL $93,505.63 $2,505.14 $96,010.77 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT, j~D. PRO PROTHY FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. ~48 1617 John F. I~e~y Boulevard Suite 1400 Philadelphia. ~.0~103-1814 ;I'HE'..~'y~'~W YORK, ACTING SOJs;LeI~til~N.~ CAPACITY AS TRUSTEE ~RUST 2001-2 Plaintiff VS. RICHARD M, WALLACE Defendant(s) Attoroey for ?laintiff COURT OF COMMON PLEAS NO. 03-3861 CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT 11¥ MAIL PIIRSUANT TO COURT ORDER I hereby cert~t ~ tree and correct copy of the Civil Action Complaint ~n M~gag~n Foreclosure i~l~0ve captioned matter was sent by regular and certified mall, return receipt requeat0~'~0~hl~6 follow/ag persons, to RICHARD M. WALLACE at 112 NORTH 34TH STREET, CAMP HILL, PA 17011 on October 27, 2003 in accordance w,.i~rder of Court dated October 14, 2003. The undersigned understands that this s~,te~h~ is mhde subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: October 27, 2003 TRANK FEDERMAN, ESQUIRE Attomey for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 · LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (915) 563-7000 THE BANK OF NEW YORK, ACTING SOLELY 1N ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 Plaintiff VS. RICHARD M. WALLACE Defendants TO: RICHARD M. WALLACE 112 NORTH 34TH STREET CAMP HILL, PA 17011 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-3861 CIVIL TERM DATE OF NOTICE: NOVEMBFR lg, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. iMPORTANT NOTICE YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WR/TING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 L1BERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys 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 THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 338 SOUTH WARMINSTER ROAD Plaintiff, RICHARD M. WALLACE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3861 CIVIL TERM 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 RICHARD M. WALLACE is over 18 years of age and resides at, 112 NORTH 34TH STREET, CAMP HILL, PA 17011. (c) that defendant is over 18 years of age, and resides at, 112 NORTH 34TH STREET, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQU1RE Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the Westerly side of North 34th Street, which point is 80 feet Northwardly i-'rom the Northwesterly corner of the intersection of North 34th Street and Bedford Drive; thence South 84 degrees 03 minutes West. 85.93 feet to a point; thence North 05 degrees 57 minutes West, 25.51 feet to a point; thence South 84 degrees 03 minutes West, 18.98 feet to a point: thence North 05 degrees 57 minutes West, 34.10 feet to a point; thence 84 degrees 03 minutes East, 98.10 feet to a point at the Westerly side of North 34th Street; thence along the Westerly side of' North 34th Street, South 12 degrees 28 minutes East, 60 feet to a point, the place of beginning. BEING parts of Lots Nos. 108, 109, 110 and 111 on the General Plan of Hollywood Development, which Plan is recorded in the Cumberland County Recorder of Deeds Office ia Plan Book 7, Page 27. TAX PARCEL//21-0273-206 TITLE TO SAID PREMISES IS VESTED IN Richard M. Wallace by Deed from Richard M. Wallace and Christine M. Wallace, his wife dated 5/31/2000 and recorded 6/9/2000 in Record Book 223. Page 91. PROPERTY: 112 NORTH 34~ STREET, CAMP HILL, PA 17011 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 338 SOUTH WARMINSTER ROAD Plaintiff, RICHARD M. WALLACE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3861 CML TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on c 2oo . If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQU1RE 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.** PRAECIPE FOR WRIT OF EXECUTION ~ (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 Plaintiff, RICHARD M. WALLACE Defendant(s). No. 03-3861 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/2/03 to MARCH 3, 2004 (per diem -$15.78) TOTAL $96,010.77 $1,451.76 and Costs $97,462.53 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property. No. oe~ Ooo % 9 0 LEC~AL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the Westerly side of North 34th Street, which point is 80 feet Northwardly from the Northwesterly corner of the intersection of North 34th Street and Bedford Drive; thence South 84 degrees 03 minutes West, 85.93 feet to a point; thence North 05 degrees 57 minutes West, 25.51 feet to a point; thence South 84 degrees 03 minutes West, 18.98 feet to a point; [hence North 05 degrees 57 minutes West, 34. I0 feet to a point; thence 84 degrees 03 minutes East, 98.10 feet to a point at the Westerly side of North 34th Street; thence along the Westerly side of North 34th Street, South 12 degrees 28 minutes East, 60 feet to a point, the place of beginning. BEING parts of Lots Nos. 108, 109, 110 and 111 on the General Plan of Hollywood Development, which Plan is recorded in the Cumberland County Recorder of Deeds Office in Plan Book 7, Page 27. TAX PARCEL #21-0273-206 TITLE TO SAID PREMISES IS VESTED IN Richard M. Wallace by Deed from Richard M. Wallace and Christine M. Wallace, his wife dated 5/31/2000 and recorded 6/9/2000 in Record Book 223, Page 91. PROPERTY: 112 NORTH 34~ STREET, CAMP HILL, PA 17011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03o3861 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 Plaintiff (s) From RICHARD M. WALLACE (1) You are directed to levy upon the property of the defendant (s)and to selI SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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) ~f pr~perty ~f the defendant(s) n~t ~evied up~n an subject t~ attachment is f~und in the p~ssessi~n 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, AmountDue $96,010.77 L.L. $.50 Interest FROM 12/2/03 TO 3/3/04 (PER DIEM - $15.78) - $1,451.76 AND COSTS Atty's Corem % Due Protby $1.00 AttyPaid $143.98 Other Costs Plaintiff Paid Date: DECEMBER 3, 2003 (Seal) CUR~SR. LONG Prothonotary Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE 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 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 THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 Plaintiff, R/CHARD M. WALLACE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3861 CIVIL TERM 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 unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 Plaintiff, RICHARD M. WALLACE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3861 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EOCC TRUST 2001-2, Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of thc date thc Praecipe for the Writ of Execution was tiled the following information concerning the real property located at 112 NORTH 34TH STREET, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICHARD M. WALLACE 112 NORTH 34TH STREET CAMP HILL, PA ! 7011 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 DISCOVER BANK, BY ITS SERVICING AGENT, DISCOVER FINANCIAL SERVICES, INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 2500 LAKE COOK ROAD RIVERWOOD, IL 60015 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR HOUSEHOLD FINANCE CORPORATION P.O. BOX 2026 FLINT, MI 48501 5. Name and address of every other person who has any record lien on the property: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) BOROUGH OF CAMP HILL 2145 WALNUT STREET CAMP HILL, PA 17011 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Nolle 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 112 NORTH 34TH STREET CAMP HILL, PA 17011 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 unsworn falsification to authorities. December 2, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 Plaintiff, RICHARD M. WALLACE Defendant(s). TO: RICHARD M. WALLACE 112 NORTH 34TH STREET CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 03-3861 CIVIL TERM December 2, 2003 112 NORTH 34TH STREET CAMP HILL, PA 17011 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 112 NORTH 34TH STREET, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriff's Sale on MARCH 3, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $96,010.77 obtained by THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EOCC TRUST 2001-2 (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 thc 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. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the 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 yon. 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 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the Westerly side of North 34th Street, which point is 80 feet Northwardly from the Northwesterly corner of the intersection of North 34th Street and Bedford Drive; thence South 84 degrees 03 minutes West, 85.93 feet to a point; thence North 05 degrees 57 minutes West, 25.5l feet to a point; thence South 84 degrees 03 minutes West, 18.98 feet to a point; thence North 05 degrees 57 minutes West, 34.10 feet to a point; thence 84 degrees 03 minutes East, 98.10 feet to a point at the Westerly side of North 34th Street; thence along the Westerly side of North 34th Street, South 12 degrees 28 minutes East, 60 feet to a point, the place of beginning. BEING parts of Lots Nos. 108, 109, 110 and 1 tl on the General Plan of Hollywood Development, which Plan is recorded in the Cumberland County Recorder of Deeds Office in Plan Book 7, Page 27. TAX PARCEL #21-0273-206 TITLE TO SAID PREMISES IS VESTED IN Richard M. Wallace by Deed from Richard M. Wallace and Christine M. Wallace, his wife dated 5/31/2000 and recorded 6/9/2000 in Record Book 223, Page 91. PROPERTY: 112 NORTH 34~ STREET, CAMP HILL, PA 17011 FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 VS. RICHARD M. WALLACE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL D1VISION NO. 03-3861 CiVIL TERM VRR 1FIC A TION I hereby certify that a tree and correct copy of the Notice of SherilTs Sale in the above captioned matter was sent by regular mail and certified mail, retum receipt requested, to the following person(s) RICHARD M. WALLACE on December 4 2003 at 112 NORTH 34TH STREET, CAMP HILL, PA 17011, in accordance with the Order of ~ourt dated, Oatnher 14: 2003). 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: January 15, 2004 Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Darnel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff ' THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001~2 : COURT OF COMMON PLEAS CIVIL DIVISION VS. CUMBERLAND COUNTY RICHARD M. WALLACE : NO. 03-3861 CIVIL TERM ORDER AND NOW, this ] q'~ day of~, 2003, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiffmay obtain service of the Complaint, and all future pleadings, on the above captioned Defendant, RICHARD M. WALLACE by: 1. First class mail to RICHARD M. WALLACE at the last known address, and the mortgaged premises located at 112 NORTH 34TH STREET, CAMP HILL, PA 17011 2. Certified mail to RICHARD M. WALLACE at the last known address, and the mortgaged premises located at 112 NORTH 34TH STREET, CAMP HILL, PA 17011.. BY THE COURT: I j. H:~vlain Forms/motions/county.comp ~, PA 17011 I~FERERCE: WALLAci~, RICHARD ~o~o RETURN Receipt for .o~A.~o~ "A~E Certified Mail IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 CIVIL ACTION VS. RICHARD M. WALLACE CWIL DIVISION NO. 03-3861 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 hereby verify that on December 4, 2003 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. DATE: February 9, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff II 02.100 FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF The Bank Of New York, Acting Solely In Its Capacity As Trustee For EQCC Trust 2001-2 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. Richard M. Wallace : CIVIL DIVISION : NO. 03- 3861-CIVIL TERM RU~E AND NOW, this /~'~ day of ~'~'6~7 , 200~), a Rule is entered upon Richard M. Wallace , Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE t~is da BY THE COURT: THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2, Plaintiff RICHARD M. : WALLACE, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLrNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3861 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of July, 2004, upon consideration of the Exceptions of Third Party Purchaser, Central Penn Property Services, Inc., to Proposed Schedule of Distribution, a Rule is hereby issued upon the Sheriff of Cumberland County and the Defendant to show cause why the relief requested should :not be granted. RULE RETURNABLE within 20 days of service. BYTHECOURT, J.ff/gesley Oler, Jr., J. Cumberland County Sheriff's Office - ~ ~tj,.,~ q,/d~/~q ~ ~1 lichard M. Wallace 2 North 34th Street Camp Hill, PA 17011 Defendant, pro se Stephen M. Hladik, Esq. ~p.o5 W. Main Street · Box 0029 Lansdale, PA 19446-0029 Attorney for Central Penn Property Services, Inc. ~rc THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 Plaintiff RICHARD M. WALLACE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-3861 RESPONSE OF THE SHERIFF OF CUMBERLAND COUNTY AND NOW, comes the SheriffofCumberland County, by and through his Solicitor, Edward L. Schorpp, Esquire, and responds to the Rule to Show Cause issued July 28, 2004 as follows: 1. Admitted. 2. Admitted. By way of further Response, the Sheriff subsequently filed an Amended Schedule of Distribution which provided for payment of current real estate taxes out of the proceeds. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that the charge was made and listed for distribution out of proceeds. It is denied that the cost is in excess of reasonable and customary, the same being a conclusion of law requiring no response herein. The legal search fee is customary and reasonable under applicable title insurance company rate filings with the Pennsylvania Insurance Department. 6. Admitted in part and denied in part. It is admitted that the transfer taxes were added to the bid amount. It is denied that there is a "normal" practice with respect to the matter alleged. To the contrary, applicable law does not prohibit collection of the transfer taxes in addition to the bid amount. 7. Admitted in part and denied in part. It is admilted that the current taxes were not indicated to be paid out proceeds in the original schedule of disl:ribution. The Office of the Sheriff has filed an amended schedule of distribution which indicates current real estate taxes are to be paid out of proceeds. Petitioners averments in this respect are moot. 8. Admitted in part and denied in part. It is admitted that petitioner is being charged as indicated. The remaining averments of this paragraph are conclusions of law requiring no answer herein. WHEREFORE, the Sheriff of Cumberland County demands that the petition be dismissed. MARTSON DEAP, I)ORFF WILLIAMS & OTTO Edward L. Schc,rpp, Esquire Solicitor, Office of the Sheriff 10 East High Street Carlisle, PA 1'7013 717-243-3341 VERIFICATION I verify that the statements made in the foregoing Response are tree and correct to the best of my knowledge, information and belief. I understand that false :statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. R/.' Thomas Kline, Sheriff CERTIFICATE OF SERVICF, I, Edward L. Schorpp, Esquire, of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Response was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Stephen M. Hladik, Esquire Kerns, Pearlstine, Onorato & Fath, LLP PO Box 29 Lansdale, PA 19446-0029 Federman and Phelan LLP One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. Suite 1400 Philadelphia, PA 19103-1814 Richard M. Wallace 112 North 34th Street Camp Hill, PA 17011 MARTSON DEARDORFF WILLIAMS & OTTO Edward L. Schorpp Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 3, 2004 STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 Kerns, Pearlstine, Onorato & Fath, LLP 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-4165 Attorney for Central Penn Property Services, Inc. THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS : TRUSTEE FOR EQCC TRUST 2001-2 : Plaintiff, V. RICHARD M. WALLACE, : : Defendant. COURT Of COMMON PLEAS CUMBE-'RLAND COUNTY No. 03-3861 PRAECIE TO WITHDRAW EXCEPTIONS TO THE PROTHONOTARY: Kindly withdraw the Exceptions to Sheriff's Distributions filed by Central Penn Property Services, Inc. in the above-captioned matter. Kerns, Pearlstine, Onorato & Fath, LLP Stephe . Hladik Attorney for Central Penn Property Services, Inc. STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 Kerns, Pearlstine, Onorato & Fath, LLP 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-4165 Attorney for' Central Penn Property Services, Inc. THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 Plaintiff, V. RICHARD M. WALLACE, Defendant. COURT OF COMMON PLEAS CUMBFRLAND COUNTY No. 03-3861 CERTIFICATE OF SERVICE I, Stephen M. Hladik, Esquire, hereby certify that I served a true and correct copy of Central Penn Property Services, Inc.'s Praecipe to Withdraw Exceptions on the following by United States First Class mail, postage pre-paid on August 13, 2004: Federman & Phelan, LLP One Penn Center @ Suburban Station 1617 JFK Blvd. Philadelphia, PA 19103 Ricahrd M. Wallace 112 North 34th Street Camphill, PA 17011 Dated: Edward L. Schorpp, Esquire Martson Deardorf Williams & Otto Ten East High Street Carlisle, PA 17013 Stephe ladik, Esquire THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2, Plaintiff RICHARD M. WALLACE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3861 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of August, 2004, upon consideration of the Praecipe To Withdraw Exceptions filed in the above matter on Augus~t 13, 2004, the Rule issued on July 28, 2004, regarding Exceptions of Third Party Purchaser, Central Penn Property Services, Inc., to Proposed Schedule of Distribution, is hereby discharged. BY THE COURT, Cumberland County Sheriff's Office Jchard M. Wallace 112 North 34th Street Camp Hill, PA 17011 Defendant, pro se ~S~tephen M. Hladik, Esq. 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 Attorney for Central Penn Property Services, Inc. :rc COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Centra! Penn Property Serv Inc is the grantee the same having been sold to said grantee on the 3rf day of march A.D., 2004, under and by virtue of a writ Execution issued on the 3rd day of Dec, A.D., 2003j out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 3861, at the suit of Bank of New York Tr for Eqcc Trust 2001-2 against Richard M Wallace is duly recorded in Sheriff's Deed Book No. 262, Page 3385. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~,~ ~ ~ day of ~ecorder of Deeds The Bank of New York, Acting solely In its capacity as Trustee for EQCC Trust 2001-2 VS Richard M. Wallace In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3861 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on December 15, 2003 at 4:30 o'clock PM he served the within Real Estate Writ, Notice of Sale and Description upon the defendant, Richard M. Wallace, in the following manner: The Sheriff mailed a notice of the action by certified mail, return receipt, restricted delivery, deliver to addressee only, to the last known address of Richard M. Wallace, 112 North 34th Street, Camp Hill, PA 17011. The letter was received and signed for by defendant, Richard Wallace, on December 15, 2003. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2004 at 1 1:31 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Richard M. Wallace located at 112 North 34th Street, Camp Hill, Peunsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit: Richard M. Wallace, by regular mail to his last known address of 112 North 34th Street, Camp Hill, PA 17011. This letter was mailed under the date of January 12, 2004 and never returned to the Sherifi's Office. 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 thc Courthouse, Carlisle, Cumberland County, Pennsylvania on March 3, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $91000.00 to Central Penn Property Services, Inc. It being the highest bid and best price received for the same, Central Penn Property Services, Inc. of 100 South 7th Street, Akron, PA 17501, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $95,130.30. Sheriffs Costs: Docketing $30.00 Poundage 1820.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 10.35 Certified Mail 8.15 Levy 15.00 Surcharge 20.00 Law Journal 256.10 Patriot News 232.51 Share of Bills 29.32 Distribution of Proceeds 25.00 Sheriff's Deed 40.50 $ 2,558.43 This ..~/~t- day of %zx.,b 2004, A.D. ~_~/~. '~Pt~,_,. ~ R. Thomas Kline, Sheriff ,'Pr6thonotary ' BY ~.)~L/ ,.~¢~1~ Real Estat6 Deputy THE BANK OF NEW YORK, ACTING sOLELY IN ITS CAPACITY AS TRUSTEE FOR EQC~C TRUST 2001-2 Plaintiff, RICHARD M. WALLACE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3861 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) THE BANK OF NEW YORK, ACTING SOLELY IN/TS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2, 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 thc following information concerning the real property located at 112 NORTH 34TH STREET, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cam~ot be reasonably ascertained, please indicate) RICHARD M. WALLACE 112 NORTH 34TH STREET CAMP HILL, PA 17011 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 DISCOVER BANK, BY ITS SERVICING AGENT, DISCOVER FINANCIAL SERVICES, INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 2500 LAKE COOK ROAD RIVERWOOD, IL 60015 4. Name and address of last recorded holder bf every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR HOUSEHOLD FINANCE CORPORATION P.O. BOX 2026 FLINT, MI 48501 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) BOROUGH OF CAMP HILL 2145 WALNUT STREET CAMP HILL, PA 1701 i 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 112 NORTH 34TH STREET CAMP HILL, PA 17011 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 I8 Pa. C.S. Sec. 4904 relating to unsworu falsification to authorities. December 2, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 Plaintiff, RICHARD M. WALLACE Defendant(s). TO: RICHARD M. WALLACE 112 NORTH 34TH STREET CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 03-3861 CIVIL TERM December 2, 2003 112 NORTH 34TH STREET CAMP HILL, PA 17011 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE'. IF YOU HA VE PREVIOUSLY RECEl gED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOTBE CONSTRUED TO BE ~IN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AG/tlNST PROPERTY. ** Your house (real estate) at, 112 NORTH 34TH STREET, CAMP HILL, PA 17011, is scheduled to be sold at the SheritYs Sale on MARCH 3, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enfome the court judgment of $96~010.77 obtained by THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 (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 w/il be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE, 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the 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 flied, 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 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Camp Hill. Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the Westerly side of North 34th Street. which point is 80/bet Northwardly from the Northwesterly corner of the intersection of North 34th Street and Bedford Drive: thence South 84 degrees 03 minutes West, 85.93 feet to a point; thence North 05 degrees 57 minutes West, 25.51 feet to a point; thence South 84 degrees 03 minutes West, 18.98 feet to a po/mi thence North 05 degrees 57 ~ninutes West, 34.10 feet to a point; thence 84 degrees 03 minutes East, 98.10 t~et to a point at the Westerly side of North 34th Street; thence along the Westerly side of North 34th Street. South 12 degrees 28 minutes East, 60 feet to a point, the place of begim~ing. BEING parts of Lots Nos. 108, 109, 110 and 111 on the General Plan of ttollywood Development. which Plan is recorded in the Cumberland County Recorder of Deeds Office in Plan Book 7, Page 27. TAX PARCEL #21 0273-206 TITLE TO SAID PREMISES IS VESTED IN Richard M. Wallace by Deed from Richard M. Wallace and Christine M. Wallace, his wife dated 5/31/2000 and recorded 6/9~2000 in Record Book 223, Page 91. PROPERTY: 112 NORTH 34T~ STREET, CAMP HILL, PA 17011 WR/T OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3861 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2 Plaintiff (s) From RICHARD M. WALLACE (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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) ~f pr~perty ~f the defendant(s) n~t ~evied up~n an subject t~ attachment is f~und in the p~ssessi~n 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 $96,010.77 L.L. $.50 Interest FROM 12/2/03 TO 3/3/04 (PER DIEM - $15.78) - $1,451.76 AND COSTS Atly's Comm % Due Prothy $1.00 AttyPaid $143.98 Other Costs PlaintiffPaid Date: DECEMBER 3, 2003 (Seal) CURTIS R. LONG Prothono~/ REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE 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 Deputy Real Estate Sale # 54 On December 05, 2003 the sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA Known and numbered as 112 North 34th Street, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 05, 2003 By:,.J'.~ Real Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday 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 20th and 27th day(s) of January and the 3rd day(s) of FebruAry 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that afl 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 Dauph~ in Miscellaneous Book "M", PUBLICATION .............................. : ........................ COPY SALE #54 REAL E~TATE SALE No. ~4 been duly paid. ry 2004 A.D. Ci~ Of Harrisburg, Dauphin Co~ My Commission Expire~ June 6, 2~ R MAmbo, penmy~ania Associa~Of NO~y 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 Tota) $ 232.51 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. 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: JANUARY 16, 23, 30, 2004 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 ESTAT~ 8ALE NO. 54 Writ No. 2003-3861 Civil The Bank of New York, Acting solely in its capacity as Trustee for EQCC Trust 2001-2 VS. Richard M. Wallace Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN piece or par cci of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the Westerly side of North 34th Street, which point is 80 feet Northwardly from the Northwesterly corner of the intersection of North 34th Street and Bedford Drive; thence South 84 degrees 03 minutes West, 85.93 feet to a point; thence North 05 de grees 57 minutes West, 25.51 feet to a point; thence South 84 degrees ~)~ rntnlltes V~est, 18,98 feet_ to a SWORN TO AND SUBSCRIBED before me this 30 day of JANUARY 2004 N(~,~l~_. SEAL (,/ LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 Atty.: Frank Federman 30 day o LEGAL DESCRIPTION ALL TItAT CERTAIN piece or par- cel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania~ more particularly bounded and described as follows, to wit: BEGINNING at a point at the Westerly side of North 34th Street, which point is 80 feet NorthwardLy from the Northwesterly comer of the lntersecidon of North 34th Street and Bedford Drive: thence South 84 degrees 03 minutes West. 85.93 feet to a point; thence North 05 grees 57 minutes West, 25,51 feet to a point; thence South 84 degrees 03 minutes West, 18.98 feet to a point; thence North 05 degrees 57 minutes West, 34, I0 feet to a point; thence 84 degrees 03 minutes East, 98.10 feet to a point at the West- erly side of North 34th Street; thence along the Westerly side of North 34th Street. South 12 degrees 28 min- utes East, 60 feet to a point, the place of beginnila4g, BEING parts of Lots Nos. 108, 109. 110 and 111 on the General Plan of Hollywood Development, which Plan is recorded in the Cum~ borland County Recorder of Deeds Office in Plan Book 7, Page 27. TAX PARCEL #21~0273~206. TITLE TO SAID PREMISES VESTED IN Richard M. Wallace by Deed from Richard M. Wallace and Christine M. Wallace, his wife dated 5/31/2000 and recorded 6/9/ 2000 in Record Book 223. Page 91, PROPERTY: 112 NORTH 34TH STREET, CAMP HILL, PA 17011, LOIS E, SNYDER, Note Carlisle I~x0. Cumbedar My Commission F.A~es Y AMENDED SCHEDULE OF DISTRIBUTION SALE NO. 54 Date Filed: April 25', 2004 Writ No. 2003-3861 Civil Term The Bank of New York, Acting solely in its capacity as Trustee for EQCC Trust 2001-2 VS Richard M. Wallace Sale Date: Buyer: Bid Price: March 3, 2004 Central Penn Property Services, Inc. $91,000.00 Real Debt: $96,010.77 Interest: 1,451.76 Attorney Costs: 143.98 Total: $97,606.51 DISTRIBUTION: Receipts: Cash on account (12/03/03): $ 1,500.00 Cash on account (03/03/04): 10,000.00 Cash on account (03/19/04): 85,130.30 Total Receipts: $96,630.30 Disbursements: Sheriff's Costs Legal Search State Transfer Tax Local Transfer Tax Cumberland County Tax Claim Bureau Camp Hill Borough Michael W. Harling, Tax Collector Attorney Frank Federman The Bank of New York, Trustee $ 2,558.43 200.00 1,055.15 1,055.15 1,809.96 413.31 449.80 1,500.00 87,588.50 Total Disbursements: Balance for distribution: ($96,630.30) 0.00 So Answers: R. Thomas Kline Sheriff SCHEDULE OF DISTRIBUTION SALE NO. 54 Date Filed: April 2, 2004 Writ No. 2003-3861 Civil Term The Bank of New York, Acting solely in its capacity as Trustee for EQCC Trust 2001-2 VS Richard M. Wallace Sale Date: Buyer: Bid Price: March 3, 2004 Central Penn Property Services, Inc. $91,000.00 Real Debt: $96,010.77 Interest: 1,451.76 Attorney Costs: 143.98 Total: $97,606.51 DISTRIBUTION: Receipts: Cash on account (12/03/03): $ 1,500.00 Cash on account (03/03/04): 10,000.00 Cash on account (03/19/04): 85,130.30 Total Receipts: $96,630.30 Disbursements: Sheriff's Costs Legal Search State Transfer Tax Local Transfer Tax Cumberland County Tax Claim Bureau Camp Hill Borough Attorney Frank Federman The Bank of New York, Trustee $ 2,558.43 200.00 1,055.15 1,055.15 1,809.96 413.31 1,500.00 88,038.30 Total Disbursements: Balance for distribution: ($96,630.30) 0.00 So Answers: R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 54 Held Wednesday, March 3, 2004 Date: March 3, 2004 TAXES: Receipts for ail taxes for the years 2001 to 2003 inclusive. Taxes for the current year 2004. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2004, and recorded ,2004, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Richard M. Wallace and Christine M. Wallace, his wife, by deed dated may 31, 2000 and recorded June 9, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania in Deed Book 223, Page 91. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbeds of Logan Street, Bedford Drive, and 34th Street. 6. Building Conditions, Easements and Restrictions shown on or set forth on the Plan of Hollywood Development recorded in Plan Book 7, Page 27. 7. Building and Use Restrictions as set forth in Deed Book "L," Volume 13, page 287 and in Deed Book "D," Volume 12, Page 187. 8. Mortgage in the amount of $83,200.00 given by Richard M. Wallace to Decision One Mortgage Company dated May 31, 2000 and recorded June 9, 2000 in Mortgage Book 1617, Page 895. said mortgage was assigned to the Bank of New York, Trustee, by instrument recorded September 27, 2002 in Miscellaneous Record Book 690, Page 2459. Complaint in mortgage foreclosure filed by The Bank of New York, Trustee as Plaintiff against Richard M. Wallace as Defendant in the Office of the Prothonotary of Cumberland County on August 8, 2003 to File No. 2003-3861. Judgment in the amount of $96,010.77 entered on December 3, 2003. Mortgage in the amount of $36,400.00 given by Richard M. Wallace to Household Bank, F.S.B. Dated May 31, 2000 and recorded June 9, 2000 in Mortgage Book 1617 Page 902. Said mortgage was assigned to Mortgage Electronic Registration Systems, Inc. by instrument recorded August 21, 2000 in Miscellaneous Record Book 652, page 905. 10. Judgment in the amount of $18,654.92 entered by Discover Financial Services, Inc. and Discover Bank as Plaintiff against Richard M. Wallace as Defendant on April 2, 2002 in the Office of the Prothonotary for Cumberland County to file number 2002-1580. 11. Municipal lien in the amount of $340.2 entered by Camp Hill Borough as Plaintiff against Richard M. Wallace and Christine M. Wallace as Defendants on February 27, 2003 in the Office of the Prothonotary for Cumberland County to file number 2003-898, 12. Rights granted to Pennsylvania Power and Light Company by instrument recorded June 30, 1955 in Miscellaneous Record Book 115, page 25. 13 Rights granted to Bell Telephone Company of Pennsylvania by instrument recorded July 11, 1955 in Miscellaneous Record Book 115, page 36. 14. Rights granted to Pennsylvania Power and Light Company by instrument recorded June 19, 1968 in Miscellaneous Record Book 135, page 403. 15. Rights granted to Riverton Consolidated Water Company by instrument recorded August 14, 1962 in Miscellaneous Record Book 158, Page 1105. 16. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 17. Real estate taxes accruing on and after July 1, 2004 not yet due and payable. 18. Satisfactory evidence to be produced that advertisement of the property for sale was sufficient despite any reference to improvements on the premises. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. until countersigned by an authorized signatory.