HomeMy WebLinkAbout07-6756PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
DANIEL G. SCHMIEG, ESQ., Id. No. 62205
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000 161057
CHASE HOME FINANCE LLC
3415 VISION DRIVE
COLUMBUS, OH 43219
Plaintiff
V.
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF
THE ESTATE OF THOMAS M. WALLACE
828 LIMEKILN ROAD
NEW CUMBERLAND, PA 17070
WAYNE LOGUE, TRUSTEE
OF THE ESTATE OF THOMAS M. WALLACE
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
HALEY N. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE
1421 SILVER CREEK
MECHANICSBURG, PA 17050
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. 0 r7- (01510 civit (em
CUMBERLAND COUNTY
File #: 161057
NATHAN A. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
1421 SILVER CREEK DRIVE
MECHANICSBURG, PA 17050
ANDREA E. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
Defendants
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 161057
NOTICE
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, 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.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
File #: 161057
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
File #: 161057
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.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A
DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT
A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON
REAL ESTATE.
File #: 161057
1. Plaintiff is
CHASE HOME FINANCE LLC
3415 VISION DRIVE
COLUMBUS, OH 43219
2. The name(s) and last known address(es) of the Defendant(s) are:
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF
THE ESTATE OF THOMAS M. WALLACE
828 LIMEKILN ROAD
NEW CUMBERLAND, PA 17070
WAYNE LOGUE, TRUSTEE
OF THE ESTATE OF THOMAS M. WALLACE
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
HALEY N. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE
1421 SILVER CREEK
MECHANICSBURG, PA 17050
NATHAN A. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
1421 SILVER CREEK DRIVE
MECHANICSBURG, PA 17050
ANDREA E. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
who are the real owner(s) of the property hereinafter described.
File #: 161057
3. On 11/14/2006 THOMAS M. WALLACE made, executed, and delivered a mortgage
upon the premises hereinafter described to MORTGAGE ELECRONIC
REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR FREEDOM MORTGAGE
CORPORATION which mortgage is recorded in the Office of the Recorder of
CUMBERLAND County, in Book: 1974, Page: 1421. PLAINTIFF is now the legal
owner of the mortgage and is in the process of formalizing an assignment of same. The
mortgage and assignment(s), if any, are matters of public record and are incorporated
herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the
Plaintiff from its obligations to attach documents to pleadings if those documents are of
public record.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 05/01/2007 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 #: 161057
6.
The following amounts are due on the mortgage:
Principal Balance $295,017.66
Interest $12,892.00
04/01/2007 through 11/06/2007
(Per Diem $58.60)
Attorney's Fees $1,250.00
Cumulative Late Charges $302.88
11/14/2006 to 11/06/2007
Cost of Suit and Title Search 550.00
Subtotal $310,012.54
Escrow
Credit $0.00
Deficit $674.12
Subtotal $674.12
TOTAL $310,686.66
7.
8
If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may
be less than the amount demanded based on work actually performed. The attorney's fees
requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its
right to collect attorney's fees up to 5% of the remaining principal balance in the event the
property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the
action requires additional fees in excess of the amount demanded in the Action.
Plaintiff is not seeking a judgment of personal liability (or an in personam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
File #: 161057
9. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
10. Mortgagor THOMAS M. WALLACE, died on 05/17/07, leaving a Will dated 09/06/06,
wherein he appointed DENNIS J. SHATTO, as his Executor. Letters Testamentary were
granted to him on 06/01/07 in CUMBERLAND County. No. 2007-00539. Decedent's
surviving heir(s) at law and next-of-kin are HALEY N. WALLACE, NATHAN A.
WALLACE & ANDREA E. WALLACE.
11. Plaintiff does not hold the named Defendants DENNIS J. SHATTO, WAYNE LOGUE,
HALEY N. WALLACE, NATHAN A. WALLACE & ANDREA E. WALLACE,
personally liable on this cause of action and releases them from any personal liability.
This action is being brought to foreclosure their interest in the aforesaid real estate only.
File 4: 161057
12. Defendants DENNIS J. SHATTO, WAYNE LOGUE, HALEY N. WALLACE,
NATHAN A. WALLACE & ANDREA E. WALLACE, have been named in accordance
with P.A. R.C.P. 1144 (a) (2), in order to divest the equitable interests in the premises and
have no personal liability for the debt secured by the mortgage.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum
of $310,686.66, together with interest from 11/06/2007 at the rate of $58.60 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.
PHELAN HALLINAN & SCH , LLP
By: /s rands S. Hallin
LAWRENCE T. PHELAN, ESQUIRE
DANIEL G. SCHMIEG, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 161057
LEGAL DESCRIPTION
All that certain lot or piece of ground situate in the Township of Hampden, County of
Cumberland and Commonwealth of Pennsylvania, being known as Lot No. 31 in the Final
Subdivision Plan of Turnberry, Phase III, as recorded in the Recorder's Office of Cumberland
County, Pennsylvania in Plan Book Volume 67, Page 29.
BEING designated as Tax Parcel No. 10-16-10610-181 in the Deed Registry Office of
Cumberland County, Pennsylvania.
BEING the same premises which Alan H. Herman and Deborah K. Herman, husband and wife,
by deed dated July 8, 2005 and recorded July 18, 2005 in the Recorder's Office of Cumberland
County, Pennsylvania in Deed Book Volume 269, Page 4762, granted and conveyed unto
Thomas M. Wallace.
PROPERTY BEING: 1421 SILVER CREEK DRIVE
File #: 161057
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 Plaintiff and are true and correct to the best of its
knowledge, information and belief. Furthermore, counsel intends to substitute a
verification from Plaintiff upon receipt.
The undersigned understands that this statement is made subject to the penalties
of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities.
) S. Hallinan, Esquire
Attorney for Plaintiff
DATE:
Qq -?
0
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-06756 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE HOME FINANCE LLC
VS
WALLACE THOMAS M ESTATE OF ETC
DAWN KELL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
WALLACE ANDREA E DIVISEE
was served upon
the
DEFENDANT , at 2117:00 HOURS, on the 28th day of November-, 2007
at 94 NORTH OLD STONE HOUSE ROAD
MECHANICSBURG, PA 17050
NATHAN WALLACE, BROTHER
by handing to
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
/Z/_q 4? 00
16.00
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
12/06/2007
PHELAN HALLINAN SCHMIEG
By: (?? 0 ? J wt
Deputy Sheriff
of A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-06756 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE HOME FINANCE LLC
VS
WALLACE THOMAS M ESTATE OF ETC
DAWN KELL , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
WALLACE HALEY N DEVISEE the
DEFENDANT , at 2117:00 HOURS, on the 28th day of November-, 2007
at 94 N OLD STONE HOUSE ROAD
MECHANICSBURG, PA 17050 by handing to
NATHAN WALLACE, BROTHER
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 7.68
Affidavit .00
Surcharge 10.00
.00
23.68
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
12/06/2007
PHELAN HALLINAN SCHMIEG
By
Deputy Sheriff
A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-06756 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE HOME FINANCE LLC
VS
WALLACE THOMAS M ESTATE OF ETC
DAWN KELL
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
WALLANCE NATHAN A DEVISEE the
DEFENDANT at 2117:00 HOURS, on the 28th day of November , 2007
at 94 NORTH OLD STONE HOUSE ROAD
MECHANICSBURG, PA 17050
TTT TTTT TT T.TTT T Tf =
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
J16 7
So Answers:
6.00
,.,
.00
00
10.00 R. Thomas Kline
.00
16.00 12/06/2007
PHELAN HALLINAN SCHMIEG
Sworn and Subscibed to
before me this
By: _ 6a-
day Deputy Sheriff
of A.D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-06756 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE HOME FINANCE LLC
VS
WALLACE THOMAS M ESTATE OF ETC
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
SHATTO DENNIS J EXEC ESTATE OF THOMAS M WALLACE
but was unable to locate Him
deputized the sheriff of YORK
serve the within COMPLAINT - MORT FORE
County, Pennsylvania, to
On December 6th , 2007 , this office was in receipt of the
attached return from YORK
Sheriff's Costs: So answers:
--` =?
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R. Th mas Kline
Dep York County 42.40 Sheriff of Cumberland County
Postage 1.31
80.71 ? 1.2/31J6 ?.,
12/06/2007
PHELAN HALLINAN SCHMIEG
Sworn and subscribe to before me
this day of
in his bailiwick. He therefore
A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-06756 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE HOME FINANCE LLC
VS
WALLACE THOMAS M ESTATE OF ETC
GERALD WORTHINGTON
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
LOGUE WAYNE TRUSTEE
DEFENDANT
the
at 1011:00 HOURS, on the 9th day of November , 2007
at 342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
WAYNE LOGUS
was served upon
by handing to
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 15.36
Affidavit .00
Surcharge 10.00
00
ia1? lD 7 31 . 3 6
9-
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
12/06/2007
PHELAN HALLINAN SCHMIEG
By: ,c/ n 1 . A
Deputy She
A.D.
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2007-06756 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CHASE HOME FINANCE LLC
VS
WALLACE THOMAS M ESTATE OF ETC
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
LOGUE WAYNE TRUSTEE but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE ,
NOT FOUND , as to
the within named DEFENDANT LOGUE WAYNE TRUSTEE
1421 SILVER CREEK DRIVE
MECHANICSBURG, PA 17050
GIVEN ADDRESS IS VACANT.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
So answers -?.
6.00 y
9.60
5.00 R. Thom 6s Kline
10.00 Sheriff of Cumberland County
? 00
30.60 PHELAN HALLINAN SCHMIEG
12/06/2007
Sworn and Subscribed to before
me this day of
A. D.
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2007-06756 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CHASE HOME FINANCE LLC
VS
WALLACE THOMAS M ESTATE OF ETC
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
WALLACE ANDREA E DEVISEE but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE ,
, NOT FOUND , as to
the within named DEFENDANT
1421 SILVER CREEK DRIVE
WALLACE ANDREA E DEVISEE
MECHANICSBURG, PA 17050
GIVEN ADDRESS IS VACANT.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharged
>a131167
So answers:
f?
6.00
.00 5.00 R. oma ine
10.00 Sheriff of Cumberland County
.00
21.00 PHELAN HALLINAN SCHMIEG
12/06/2007
Sworn and Subscribed to before
me this day of
A. D.
COUNTY OF YORK
OFFICE OF THE SHERIFF
45 N. GEORGE ST., YORK, PA 17401
SERVICE CALL.
(717) 771-9601
SHERIFF SERVICE INSTRUCTIONS
PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12
DO NOT DETACH ANY COPES
1 PLAINTIFF/S/
3. DEFENDANTISI
INANCE LLC
2 COURT NUMBER
4.rrTYP?,rE??OF WRIT OR COMPLAINT 0'T I C E
THOMAS M. WALLACE, ET AL Pict; GAGE FORECLOSIIRE
RA
SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD
DENNIS J. SHATTO
6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, BORO. TWP. STATE AND ZIP CODE)
AT 828 LIMEKILN ROAD, NEW CUMBERLAND, PA 17070
7 INDICATE SERVICE O PERSONAL U PERSON IN CHARGE JLXDEPUTIZE J CERT MAIL U 1ST CLASS MAIL U POSTED OTHER
NOW NovembQr 8 20 07 I, SHERIFF LINTY, PA, do hereby deputize the sheriff of
Ynrk COUNTY to execute this Writ and make return thereof-according
to law. This deputization being made at the request and risk of the plaintiff.
SHERIFF OF+I11111111111IR COUNTY _
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SE8Vq 0 F C 0 U N T Y Clmtberland
** ATTEMPT SERVICE AT LEAST 3 TIMES AND 1 TIME AFTER 6PM. **
ADV FEE PAID BY, ATTY
Please mail retu.rn of service to Cumberland County Sheriff. Thank you.
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment. wit out liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any property before sheriffs sale thereof.
9. TYPE NAIVE and ADDRESS of ATTORNEY / ORIGINATOR and SIG LIRE 10. TELEPHONE NUMBER 11 DATE FILED
FRANCIS S. HALLINAN
1617 JFK. BLVD. STE. 1400 215-563-7000
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BEL W: (This area must be p1 ted obce is to be mailed) 11-7-2007
PHELAN HALLINAN & SCHMIEG, LLP CUMBERLAND CO SHERIFF
SPACE BELOW FOR USE OF THE SFERFF - DO NOT VMTE BELOW TKS LM
13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date
or complaint as indicated above. M J M C G I L L Y C S O 111-9-2007 112-7-2007
16. HOW SERVED: PERSONAL ( ) RESIDENCE ( POSTED ( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW
17. 0 1 hereby certity and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.)
18. E S VED / LIS A ESS ERE 1 O ABOVE a lion
E U aice
? V ? _6rj ?:-{( P
21ATTE S Ti
m
Miles
I t. Date Time
les
nt
Dale
Time
Miles
Int Date FMiP_-
Date
Time
Miles
Int.
Date
Time
Miles
Int.
j
ZZ. K1_MPJ*Jk4:
3. Advance Costs 24 Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32 Tor. Costs 33 Costs Due Refund Check No
100.00 ^
34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38. Mdeage/Postage/Not Found 39 . oral Costs 40 Costs Due or Refund
0th SO ANSWERS
41. AFFIRMED and subscribed to bet me this
N 0 V 0-7 44. signature or ( 4s. Y ATE
,
42. day of 20 _ 43. Dep. Sheriff
/ NOTARY 46. Signature of York 47 DATE
--- WIft? M. HOSE, SHERIFF 11-20-2007
48 Signature of Foreign 49 DATE
County Sheriff
50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 151 DATE RECEIVED
OF AUTHORIZED ISSUING AUTHORITY AND TITLE
1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - SheriR s Office 4. BLUE - Sheriffs Office
ilk
PHELANHALLINAN & SCHMIEG, LLP
BY: Francis S. Hallinan, Esquire
Identification No. 62695 Attorney For Plaintiff
One Penn Center Plaza
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
CHASE HOME FINANCE LLC
V.
COURT OF COMMON
PLEAS
CIVIL DIVISION
DENNIS J. SHATTO
WAYNE LOGUE COURT NO. 07-06756
HALEYN. WALLACE CIVIL TERM
NATHAN A. WALLACE
ANDREA E. WALLACE CUMBERLAND COUNTY
PRAECIPE TO SUBSTITUTE VERIFICATION
TO THE PROTHONOTARY:
Kindly substitute the attached verification for the verification originally filed with the complaint
in the instant matter.
By.
Francis S. Hallinan, Esquire
Attorney for Plaintiff
Dated: t- f 10?
File #: 161057
1 r- . 1%
Phelan Hallinan & Schmieg, LLP
By: Francis S. Hallinan, Esquire
Identification No. 62695
One Penn Center Plaza, Suite 1400
Philadelphia, PA 19103
(215) 563-7000
CHASE HOME FINANCE LLC
V.
DENNIS J. SHATTO
WAYNE LOGUE
HALEY N. WALLACE
NATHAN A. WALLACE
ANDREA E. WALLACE
ATTORNEY FOR PLAINTIFF
Court Of Common Pleas
Civil Division
Cumberland County
No. 07-6756 CIVIL TERM
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Plaintiffs Praecipe to attach
Verification of Complaint was sent via first class mail to the following on the date listed
below:
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF
THE ESTATE OF THOMAS M. WALLACE
828 LIMEKILN ROAD
NEW CUMBERLAND, PA 17070
WAYNE LOGUE, TRUSTEE
OF THE ESTATE OF THOMAS M. WALLACE
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
HALEY N. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE
1421 SILVER CREEK
MECHANICSBURG, PA 17050
NATHAN A. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
1421 SILVER CREEK DRIVE
MECHANICSBURG, PA 17050
ANDREA E. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
Phelan Hallinan & Schmieg, LLP
Attorney for Plaintiff
By:
Lawrence T. Phelan, Esquire
Francis S. Hallinan, Esquire
Daniel G. Schmieg, Esquire
Date: January 17, 2008
PHS# 161057
PHELAN HALLINAN & SCHMIEG, LLP
BY: Joseph P. Schalk, Esquire ATTORNEY FOR PLAINTIFF
ATTORNEY I.D. #91656
107 North Front Street, Suite 115
Harrisburg, PA 17101
(215) 563-7000
CHASE HOME FINANCE LLC COURT OF COMMON PLEAS
CIVIL DIVISION
V.
NO. 07-6756 CIVIL TERM
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF CUMBERLAND COUNTY
THE ESTATE OF THOMAS M. WALLACE
ET AL.
MOTION FOR THE APPOINTMENT
OF A GUARDIAN AD LITEM FOR
MINOR DEVISEE OF THE ESTATE OF THOMAS M. WALLACE
Plaintiff, CHASE HOME FINANCE LLC, by its counsel, Joseph P. Schalk, Esquire,
respectfully requests that, pursuant to Pennsylvania Rule of Civil Procedure 2053, this Honorable
Court enter an Order appointing a Guardian Ad Litem for ANDREA E. WALLACE, in the
above captioned action for the following reasons:
1. On November 14, 2006, THOMAS M. WALLACE made, executed, and delivered a
mortgage upon the premises at 1421 SILVER CREEK, MECHANICSBURG, PA 17050.
2. The loan is in default as payments due May 1, 2007 and each month thereafter are due
and unpaid.
3. Mortgagor, THOMAS M. WALLACE, died on May 17, 2007, leaving a Will dated
September 6, 2006, wherein he appointed DENNIS J. SHATTO as his Executor. Letters of
Testamentary were granted to him on June 1, 2007 in Cumberland County, No. 2007-00539.
Decedent's surviving heirs at law and next-of-kin are HALEY N. WALLACE, NATHAN A.
WALLACE, and ANDREA E. WALLACE. Attached hereto, marked as Exhibit "A" is a true
and correct copy of said Estate documents.
4. By letter dated September 21, 2007, Plaintiff attempted to contact DENNIS J.
SHATTO, WAYNE LOGUE, HALEY N. WALLACE, NATHAN A. WALLACE, and
ANDREA E. WALLACE, to inform her of the foreclosure action. Plaintiff attached with its
letter, a Waiver by Heir of Right to be Named as a Defendant. Plaintiff also requested additional
heir information for THOMAS M. WALLACE, DECEASED. To date, Plaintiff has not received
an executed Waiver. Attached hereto, marked as Exhibit "B" is a true and correct copy of
Plaintiff's letter.
5. On November 7, 2007, Plaintiff filed an Action in Mortgage Foreclosure naming as
defendants, ESTATE OF THOMAS M. WALLACE, DENNIS J. SHATTO, EXECUTOR OF
THE ESTATE OF THOMAS M. WALLACE; WAYNE LOGUE, TRUSTEE OF THE ESTATE
OF THOMAS M. WALLACE;. HALEY N. WALLACE, DEVISEE OF THE ESTATE OF
THOMAS M. WALLACE; NATHAN A. WALLACE, DEVISEE OF THE ESTATE OF
THOMAS M. WALLACE; and ANDREA E. WALLACE, DEVISEE OF THE ESTATE OF
THOMAS M. WALLACE. Attached hereto, marked as Exhibit "C" is a true and correct copy of
the Complaint in Mortgage Foreclosure.
6. As Plaintiff has ascertained that ANDREA E. WALLACE is a minor, in accordance
with Pa.R.C.P. 2031 (b) (4), Plaintiff has filed this within Motion to request this Honorable Court
appoint a guardian for her.
7. By letter sent November 26, 2007 (but erroneously dated March 18, 2007), Plaintiff
attempted to contact DENNIS J. SHATTO, EXECUTOR OF THE ESTATE OF THOMAS M.
WALLACE, to request that he consent to guardianship to expedite the resolution of the
foreclosure action. A true and correct copy of Plaintiff's letter is attached hereto, marked as
Exhibit "D."
8. Plaintiff received a letter from DENNIS J. SHATTO, dated December 7, 2007, stating
that he would not feel comfortable acting as guardian Ad Litem. Attached hereto, marked as
Exhibit "E" is a true and correct copy of said letter.
9. On December 17, 2007, Plaintiff called DENNIS J. SHATTO to discuss the necessity
of a guardian Ad Litem to be appointed for the minor defendant. DENNIS J. SHATTO
reiterated that he would not feel comfortable acting in that capacity, and recommended that
Plaintiff send a Stipulation for Guardianship to NICKOLA K. WALLACE, mother of the minor
defendant.
10. By letter dated December 17, 2007, Plaintiff attempted to contact NICKOLA K.
WALLACE, to request that she consent to guardianship to expedite the resolution of the
foreclosure action. To date, Plaintiff has not received a response to said letter. A true and
correct copy of Plaintiff s letter is attached hereto, marked as Exhibit "F."
11. Plaintiff, a foreclosing mortgagee, is required under Pennsylvania law to move for
the appointment of a guardian Ad Litem for ANDREA E. WALLACE before entering its In Rem
judgment.
12. As NICKOLA K. WALLACE is the parent and natural guardian of ANDREA E.
WALLACE, it is requested that she be appointed Guardian Ad Litem in this action.
13. No Judge has previously entered a ruling in this case.
14. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of
its proposed Motion for the Appointment of a Guardian Ad Litem to the Defendants on February
5, 2008 and requested the Defendants' concurrence. Plaintiff did not receive any response from
the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and
postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit
44G.15
WHEREFORE, it is respectfully requested that this Honorable Court appoint ANDREA
E. WALLACE or appropriate counsel, as Guardian Ad Litem for NICKOLA K. WALLACE in
this action.
1
Dated: lop
Respectfully submitted,
Phelan Hallinan & Schmieg, LLP
PHELAN HALLINAN & SCHMIEG, LLP
BY: Joseph P. Schalk, Esquire
ATTORNEY I.D. #91656
107 North Front Street, Suite 115
Harrisburg, PA 17101
(215) 563-7000
ATTORNEY FOR PLAINTIFF
CHASE HOME FINANCE LLC
V.
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF
THE ESTATE OF THOMAS M. WALLACE
ET AL.
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-6756 CIVIL TERM
CUMBERLAND COUNTY
PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR
APPOINTMENT OF GUARDIAN AD LITEM FOR
ANDREA E. WALLACE, MINOR DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Pa.R.C.P. 1144 (a) (b) requires that the Plaintiff name as Defendants in an action of
Mortgage Foreclosure the real owners of the property. Plaintiff learned that THOMAS M.
WALLACE died on May 17, 2007. In accordance with the Intestacy laws of Pennsylvania, upon
the death of THOMAS M. WALLACE, an ownership interest in the subject mortgaged premises
automatically vested in ANDREA E. WALLACE, DEVISEE OF THE ESTATE OF THOMAS
M. WALLACE. Because ANDREA E. WALLACE is a minor, the Court is required to appoint a
guardian for her upon petition. See Pa.R.C.P. 2031 (b) and 2027.
To ensure the interests of the said Minor Devisee will be properly represented, a guardian
Ad Litem must be appointed to represent her in the mortgage foreclosure action. Pursuant to this
requirement, NICKOLA K. WALLACE is the parent and natural guardian of ANDREA E.
WALLACE, and Plaintiff requests that she be appointed Guardian Ad Litem in this action. In
the alternative, Plaintiff defers to the Court's Judgment as to who should be appointed Guardian
Ad Litem for said Minor Devisee.
WHEREFORE, it is respectfully requested that this Honorable Court appoint NICKOLA
K. WALLACE or appropriate counsel, as Guardian Ad Litem for ANDREA E. WALLACE in
this action.
Respectfully submitted,
Phelan Hallinan & Schmieg, LLP
Attorney for Plaintiff
By:
J rph P. Sch , Esquire
Dated: 2 1 ? 100
EXHIBIT "A"
08/28/2007 20:07 7176957806 J.CONRAD PAGE 29/48
'09050108282007 Cumberland Count - Register u= W111u rayc i
ROW460 Estate Inquiry
File No 2007-00539 PA File No 21-2007-0539
Decedent WALLACE THOMAS M
Date of Death 5/17/2007
Filing Date . . . . 5/31/2007
Residence Code 6 HAMPDEN TOWNSHIP
Estate Type . . . . . P PROBATE
-Letters Granted . . . T TESTAMENTARY
JCertification-Needed By 9/11/2007
Status Report-Needed By 5/17/2009-atus Report-Needed By 5/17/2009
Report To State . . .
Letters Granted . . .
Certification-Filed
Status Report-Filed
Date
6/01/2007
6/01/2007
6/11/2007
0/00/0000
Assessment Received . . 0/00/0000
Personal Representative 1 EXECUTOR
File out . . . . . . . 0/00/0000
Attorney . . . . . . . 0049631 RHOADS ANN ELIZABETH ESQUIRE
06/28/2007 20:07 7176957006 J.CONRAD PAGE 43/48
PETITION FOR, PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF C.t]1r13r "COUNTY, PENNSYLVANIA
Estate of ? kN%->k0ts M - W AL1,.Nct File Number iii 1 " l? A- LI
also known as '
Deceased Social SecurityNumber.,' kQ -:51B 1 53
Petitioner(s), who (stare 18 years of age W older, apply(ies) for:
(COMPLETE A' or'.8' BELOW,)
IM A. Probate and Crnot of Letters Testamentary and aver that Petitioner(s) is/ are the named in the
last Will of the Decedent dated tU?9C 'end codicil(s), dated
Qkc'?Q?t- vr%d w? rN?? jc. -?t'<?cst. ?..?c-Q d?vo?cu.?
t or
(State relevant eircum#aaees, e.g., rertvr etakwt death eelecutor. aw.)
Except as follows, Decedent did not marry, we* ,tut divorced, and did not have a child bom or adopted after execution of the imtrumcot(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated persun: _P1 CA C? ` ?t.? e"?t 7t?t0
E3 8. Grant of Letters of Administra'tlon
(lfapplleable, enter., e.t.a.: db.n.c.ta,: pendente life; durance absentia: durance minadiatz)
Petitioner(s) after a proper search has f have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (!f
Administration, c. I. a. or d b.A.aba.. eater date of wat in Seetiort A above and complete ltst of hrirs.)
Decedent, then years of age, died on
at
Decedent at death owned property with estimated values as follows:
(If dumWIM in PA) All personal property
(If not domiciled in PA) Personal property in Pennsylvania
(If not domiciled in PA) Personal properly in County
Value of real estate in Pennsylvania
situated as follows'- r..>' 1, V
3
S
S ?aSTS?_?2?
Wherefore, PetitiorrorO s ra z
pectfufiy regtiest(s) the probate Of the fast Will oral Codicil(sl oit-tnrl with rhia
(COMPLETF. INALL CASES:) Attach addidestal slicers f «eewsary. _ - '
Decedent was domiciled at death in ' County, Pennsylvania with his/ her last principal residence at,
r
(List street address. tawa/citp. torrnship. county, state, zip code)
FOrth RW-02 rev. 10. 13.06 Page I of 2
08/2812007 20:07 7176957006 j.CONRAD PAGE 44/48
Oath of Personal Representative
COMMONWEAL't H OF PENNSYLVANIA
: SS
COUNTY OF
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of
the knowledge and belief of Petitioncr(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate aecvrding to law.
Sworn to or affirmed and subscribed
before me tb,-i ST
day of
(ya
l 1
For the Register r?y
Signature grpersonal Rtpreseniative
Signature ofPersanaf Qepresetitative
signature of Per..rtnal Repvsentat/ve "_?
Estate of Ty-,O an 1 1 1 (A Y-1 tL Deoeascd -
Social Security Number: 20(.O=
??? W! C[_?J l7 Data of Death: v ! i f?0t i!
AND NOW,
L , cCf.?? , in consideration of the foregoing Petition, satisfactory proof
having been presen ,fore me, IT IS DECREED that Letters 4-feati?
are hereby granted to
in the above estate
and that the instrument(s) dated
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters .... $ , 4.1-Lo
Short Certificate(s) ........
$_Q •U'.?
Renunciation(s) , .........
$
..,$10•CC
.S
TOTAL ......... . .... $ t?' l * .
Register of Wills
<?`yJ t 1
Attorney Signature:
Attorney Name:
Supreme Court LD. No.: !Act LQRS 1
Address: ?-? eL,?n ?? ZC 2
C XA
`\j 8?k
Telephone.
Fors, RW-02 rei. 10.13.06 Page 2 of 2
•08/28/2007 20:07 7176957006 J.CONRAD
"COPY FAIR"
LAST WILL. AND TESTAMENT
or
TROb= H. WAL"CE
PAGE 30/48
?Oop?
1, THOMAS M. WALLACE, of the Township of Hampden, County of
Cumberland, Commonwealth of Pennsylvania, being of sound, disposing
mind, memory and understanding, do hereby make, publish and declare
this to be my Last Will and Testament, hereby revoking and making
void any and all Wills by me at any time heretofore made.
ITEM I -- I devise and bequeath all of my estate, real, and
personal, together with all insurance thereon, to my wife, NICKOLA
K. WALLACE, if she survives me by sixty (60) days. If my said wife
does not survive me by sixty (60) days, I devise and bequeath all
of my estate, real and personal, together with all insurance
thereon, in the following manner:
(A) I give my piano to my daughter, ANDREA E. WALLACE, in
kind. My Trustee shall have the discretion to hold the
piano-for safe-keeping until my daughter shall, reach the
age of eighteen (18) years;
(s) I give all jewelry previously owned by my wife, NICKOLA.
K. WALLACE, to ray daughter, HALEY N. WALLACE,•> i.n kind.
My Trustee shall have the discretion to hold ?h-g said
jewelry for safe-keeping until my daughter shal-i"reata
the age of eighteen (18) years; 7
08/28/2007 20:07 7176957006 J.CONRAD PAGE 31/48
(C) I give all of my violins, and one (1) car of his choice,
to my son, NATHAN A. WALLACE, in kind. My Trustee shall
have the discretion to hold the said assets for safe-
keeping until my son shall reach the age of eighteen (18)
years; ,
(D) I devise and bequeath the remainder Of my estate, real
and personal, together with all insurance thereon,, in
equal shares to my children, ANDREA E. WALLACE, H.UEY N.
WALLACE and NATHAN A. WALLACE.
(E) Zt is my desire that if I have minor children surviving
zee at the time of my death, they continue to live in the
residence where they are living at the time of my death.
Accordingly, my Trustee is authorized to retain my
primary residence, together with such furniture and
furnishings which are necessary or convenient for its use
as the residence for my children, in kind, until such
time as my youngest child reaches the age of eighteen
(18) years.
ITEM II - If any beneficiary of my estate is under the age of
thirty (30) years at the time at which distribution of any property
devised or bequeathed by this Will would otherwise be made to such
beneficiary, my personal representative shall distribute the share
of such beneficiary to the Trustee herein named, to be held in
separate trust for such beneficiary. The Trustee shall hold,
manage, invest and reinvest any property received by the 'trustee,
- 2
.08/28/2007 20:07 7176957006 J.CONRAD PAGE 32/48
whether under this Will or otherwise, and shall collect the income
thereof, and shall apply so much of the net income and, if the net
income is insufficient, so much of the principal of the property
held for such beneficiary as the Trustee shall deem necessary or
advisable for such beneficiary's health, maintenance, support and
complete education, both undergraduate and graduate. When the
beneficiary obtains the age of. twenty-four (24) years, the Trustee
shall distribute to such beneficiary one-third of all property held
by the Trustee for such beneficiary. When such beneficiary attains
the age of twenty-seven (27) years, the Trustee shall distribute to
such beneficiary one-half of all property held by the Trustee for
such beneficiary. when such beneficiary attains the age of thirty
(30) years, the Trustee shall distribute to such beneficiary all
remaining property held by the Trustee for such beneficiary. If
such beneficiary dies before obtaining thirty (30) years bf age,
the Trustee shall distribute to the personal representative of such
beneficiary's estate all property held by the Trustee for such
beneficiary.
ITEM III - All shares of principal and income hereby given
shall be free from anticipation, assignment, pledge or obligation
of the beneficiaries and any of them., and shall not be subject to
any execution, attachment, levy or sequestration or other claim of
creditors of said beneficiaries or any of them.
- 3 -
08/28/2007 20:07 7176957006 J.COhRAD PAGE 33/48
ITEM IV ?- No fiduciary under this Will shall be required to
give bond or other security for the faithful performance of the
fiduciary's duties. Any such fiduciary shall have the following
powers, in addition to those given by law:
A. To invest in, accept and retain any real or
personal property, including stock of a corporate
fiduciary or its holding company, without restriction to
legal investments;
R. To sell, exchange, partition or lease for any
period of time any real or personal property and to give
options therefor for cash or credit, with or without
security;
C. To borrow money from any person, including any
fiduciary acting hereunder, and to mortgage or pledge any
real or personal property;
D. To hold shares of stock or other securities in
nominee registration form, including that of a clearing
corporation or depository, or in book entry form or
unregistered or in such other form as will pass by
delivery;
E. To engage in litigation and compromise,
arbitrate or abandon claims;
F. To make distribution in cash, or in kind at
current values, or partly in each, allocating specific
- 4 -
08/28/2007 20:07 7176957006 J.COWAD PAGE 34/48
assets to particular distributive on a non-pro rata
basis, and for such purposes to make reasonable
determinations of current values; and,
G. To make elections, decisions, concessions and
settlements in connection with all income, estate,
inheritance, gift or other tax returns and the payment of
such taxes, without obligation to adjust the distributive
share of income and principal, of any person affected
thereby.
ITEM V- I appoint my wife, NICKOLA K. WALLACE, Executrix of
this will. If my said wife is unwilling or unable to act or
continue to as Executrix, for any reason whatsoever and whether
before or after my death, I appoint DENNIS J. SHATTO, successor
Executor.
ITEM VI - I appoint WAYNE LOGUE, currently of American Express
Financial Services, Trustee under this will. If MR. LOGUE is
unwilling or unable to act or continue as Trustee, for any reason
whatsoever and whether before or after my death, I appoint FIRST
UNION NATIONAL BANK, successor Trustee
ITEM VII - I appoint my wife's niece, LYNETTE GREENE and her
husband, JOHN GREENE, of Mechanicsburg, Pennsylvania, or the
survivor of them, guardians of the person of each minor child of
mine for whom I am entitled to appoint a guardian of the person.
- 5 -
08/28/2007 20:07 7176957006 J.CONRAD PAGE 35/48
COMMONWEALTH OF PENNSYLVANIA .
SS.
COUNTY OF DAUPHIN
We, THOMAS, /M, WALLACE, Testator, L/,7?. fem. /tea ??-re,
and ae,17 v. witnesses, respectively, whose
names are signed to the attached or foregoing instrument, being
first duly sworn, do hereby declare to the undersigned authority
that the Testator signed and executed the instrument as his Last
Will and Testament and that he had signed willingly, and that he
executed it as his free and voluntary act for the purposes therein
expressed, and that each of the witnesses, in the presence and
hearing of the Testator, signed the Will as witnesses and that to
the best of their knowledge, the Testator was at that time eighteen
(18) years of age or older, of sound mind and under no constraint
or undue influence.
THOMAS M. WALLACE - Testator
Subscribed, sworn to and acknowledged before me by THOMAS M,
WALLACE, the Testator, and subscribed and sworn to before me by
Z117Pla /)/. /?7a 10,17c. and .OCnr?i?5 (? tSf1a c?c?d
witnesses, this /'7,0% day-of Q 2000.
NOTARY UBLIC
NoWriAl Seal
Jettny A. Tobias, Notary Public
•08/28/2007 20:07 7176957006 J.CONRAD PAGE 36/48
LAST WILL AND TESTANENT
or
l THOMAS M. WALLACE
I, THOMAS M. WALLACE, of the Township of Hampden, County of
Cumberland, Commonwealth of, Pennsylvania, being of sound, disposing
mind, memory and understanding, do hereby make, publish and declare
this to be my Last Will and Testament, hereby revoking and making
void any and all Wills by me at any time heretofore made.
ITEM T ;I' devise uc??bequeath a of my es to, real nd
personak, together w' h all insuran thereon, my wife NICKOLA
K??WALLACE, if e survives me b sixty (60) ays. ?-Strtc' Wide'
eeg--3 I devise and b'dqueatlj%p11..
of my estate, real and personal, together with all'' .?i'hr>uiance.
thereon, in the following manner:
(A) I give my piano to my daughter, ANDREA E. .WALLACE,-.. in-
kind. My Trustee shall have the discretion to hold---the
piano for safe-keeping until my daughter shall reach the
age of eighteen (18) years, / J / Ft
(B) I give all jewelry previously owned by my r-PFi-?Etf'
to my daughter, HALEY N. WALLACE, in kind.
My Trustee shall have the discretion to hold the said
jewelry for safe-keeping until my daughter shall reach
the age of eighteen (18) years;
•08/28/2007 20:07 7176957006 J.CONRAD PAGE 37/48
(C) I give all of my violins, and one (1) car of his choice,
to my son, NATHAN A. WALLACE, in kind. IX TrUS15,ee shall
the disczeC.ion to h0 the said asses for' safe--
e hla
reach the age of elghl een ( 8)
keep ih?until ?tiy so hall
years;
(D) I devise and bequeaUh the remainder of my estate, real
and personal, together with all insurance thereon, in
equal shares to my children, ANDREA E. WALLACE, HALEY N.
WALLACE and NATHAN A. WALLACE.
(E) It is my desire that if I have minor children surviving
me at the time of my death, they continue to live in the
residence where-they are living at the time of my death.
Accordingly, my Trustee is authorized to retain my
primary residence, together with such furniture and
furnishings which are necessary or convenient for its use
as the residence for my children, in kind, until such
time as my youngest child reaches the age of eighteen
(18) years.
ITEM 11 - If any beneficiary of my estate is under the age of
thirty (30) years at the time at which distribution of any property
devised or bequeathed by this Will would otherwise be made to such
beneficiary, my personal representative shall distribute the share
of such beneficiary to the Trustee herein named, to be held in
separate trust for such beneficiary. The Trustee shall hold,
manage, invest and reinvest any property received by the Trustee,
- 2
•08/28/2007 20:07 7176957006 J.CONRAD PAGE 38/48
whether under this Will or otherwise, and shall collect the income
thereof, and shall apply so much.of the net income and, if the net
income is insufficient, so much of the principal of the property
held for such beneficiary as the Trustee shall deem necessary or
advisable for such beneficiary's health, maintenance, support and
complete education, both undergraduate and graduate. When the
beneficiary obtains the age of twenty-four (24) years, the Trustee
shall distribute to such beneficiary one-third of all property held
by the Trustee for such beneficiary. When such beneficiary attains
the age of twenty-seven (27) years, the Trustee shall distribute to
such beneficiary one-half of all property held by the Trustee for
such beneficiary. When, such beneficiary attains the age of thirty
(30) years, the Trustee shall distribute to such beneficiary all
remaining property held by the Trustee for such beneficiary. If
such beneficiary dies before obtaining thirty (30) years of age,
the Trustee shall distribute to the personal representative of such
beneficiary's estate all property held by the Trustee for such
beneficiary.
ITEM III - 111 shares of principal and income hereby given
shall, be free from anticipation, assignment, pledge or obligation
of the beneficiaries and any of them, and shall not be subject to
any execution, attachment, levy or sequestration or other claim of
creditors of said beneficiaries or any of them.
3 -
•08/28/2007 20:07 7176957006 J.COIRAD PAGE 39/48
ITEM IV - No fiduciary under this Will shall be required to
give bond or other security for the faithful performance of the
fiduciary's duties. Any such fiduciary shall have the following
powers, in addition to those given by law:
A. To invest in, accept and retain any real or
personal property, including stock of a corporate
fiduciary or its holding company, without restriction to
legal investments;
B. To sell, exchange, partition or lease for any
period of time any real or personal property and to give
options therefor for cash or credit, with or without
security;
C. To borrow money from any person, including any
fiduciary acting hereunder, and to mortgage or pledge any
real or personal property;
D. To hold shares of stock or other securities in
nominee registration form, including that of a clearing
corporation or depository, or in book entry form or
unregistered or in such other form as will pass by
delivery;
E. To engage in litigation and compromise,
arbitrate or abandon claims;
F. To make distribution in cash, or in kind at
current values, or partly in each, allocating specific
- 4 -
•08/28/2007 20:07 7176957006 J.CONRAD PAGE 40/48
assets to particular distributees on a none-pro rata
basis, and for such purposes to make reasonable
determinations of current values; and
G. To make elections, decisions, concessions and
settlements in connection with all income, estate,
inheritance, gift or other tax returns and the payment of
such taxes, without obligation to adjust the distributive
share of income and principal of any person affected
thereby.
1) J 7
ITEM V- I appoint -w,-C7?4 , Execut45Yx of
this Will. said wife\is unwilNIing or able to"' act or
continue acut ix, foz any reaso whatsoe r and ether
r `
before r ! a Beat I a ppoint DENN J. SHAT sur_c sor
Execlttor.
ITEM VT - I appoint WAYNE LOGUE, currently of American Express
Financial Services, Trustee under this Will. If MR. LOGUE is
unwilling or unable to act or continue as Trustee, for any reason
whatsoever and whether before or after my death, I appoint E44t0a
WACR VIA OAnlK
ATArT?"rD?IC, successor Trustee.
ITEM VII - I appoint my wife's niece, LYNETTE GREENE and her
husband, JOHN GREENE, of Mechanicsburg, Pennsylvania, or the
survivor of them, guardians of the person of each minor child of
Mine for whom I am entitled to appoint a guardian of the person.
- 5 -
•08/28/2007 20:07 7176957006 J.CONRAD PAGE 41/48
IN WITNESS WHEREOF, I have hereunto set my hand and seal to
this my Last Will and Testament, this +. day of
6e'7 OCIw_ , 2000.
THOMAS M. WALLACE
Signed, sealed, published and declared by the above Testator,
THOMAS M. WALLACE, to be his Last Will and Testament, in our
presence, who, at his request, in his presence and in the presence
of each other, we, believing him to be of sound mind, memory and
understanding, have hereunto subscribed our names as witnesses.
C? l?P Of
of /0A
- 6
.08/28/2007 20:07 7176957006 J.CONRAD PAGE 42/48
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
We, THOMAS M. WALLACE, Testator, L.l,,,.7 a A • Ina lct-?e--
and ! e? 17/;S' V// , V4 Z C6 , witnesses, respectively, whose
names are signed to the attached or foregoing instrument, being
first duly sworn, do hereby declare to the undersigned authority
that the Testator signed and executed the instrument as his Last
Will and Testament and that.he had signed willingly, and that he
executed it as his free and voluntary act for the purposes therein
expressed, and that each of the witnesses, in the presence and
hearing of the Testator, signed the Will as witnesses and that to
the best of their knowledge, the Testator was at that time eighteen
(18) years of age or older, of sound mind and under no constraint
or undue influence.
THOMAS M_ WALLACE - Testator
Subscribed, sworn to and acknowledged before me by THOMAS M.
WALLACE, the Testator, and subscribed and sworn/ to before me by
47c/a /1/ //--7,a 10i74 and &0,17/?s (/. a C-c!?O
witnesses, this /-7/,6 day of &46c,'' , 2000.
NOTARY /PUBLIC
rial Seal
Jenny , Tobias: Notarx Public
09/11/2007 20;55 TEL 7175997794 J CONRAD
CERTIFICATION OF NOTICE UNDER Pa. O.C. Rule 5.6(a)
REGISTER OF WILLS
a,AM_ COUNTY, PENNSYLVANIA
[x002/004
Name of Decedent: MOMS M. WAM ACE
Date of Death: 05/1712007 File Number: 2007-00539
Date Letters Granted: June 1, 2007
To the Register:
I certify that Notice of Estate Administration required by Pa. O.C. Rule 5.6(a) of the Orphans' Court
Rules was served on or mailed to the fallowing beneficiaries of the above-captioned estate on
June 8 2007
Name: Address: 17043
Waym 7+c w, Trustee Ameripriise Firamial, 342 N ftaat St W=deyrsburg, PA
_Halgy?3. dace 1421 Silver creek Dr., Msct?icsburgI PA 17050
Nathan A_ M11Rge 1421 SilygX Creek Dr., M 5hELC5 , PA 17050
Andbrea E. Wallace 94 N. Old Stone House Rd., Carlisle, PA 17013
Whose space is needed, attach separate sheet.)
Notice has now been given to all persons entitled thereto under Pa O.C. Rule 5.6(a) except.
v?,e s, zoo?
Farm RIMS rev. 10.13.od
ate-- i • ?2,-
SIV10mv of pwsan Filing this hbnn
Capacity: QPersonal Representative ®Counsei
Ann E. Rhoads, Esquire
Nanto of Peron 17linP th r frorm
119 Locust Street
/hers,,:
Harrisburg, PA 17101
--711--238-1731
/elephone
'z
EXgIBIT
6G??9
PHELAN HALLINAN & SCHMIEG, LLP
Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
Fax: 215-405-0180
John.Parkinson@fedphe.com
John Parkinson
Legal Assistant, Decedent Department
Representing Lenders in
Pennsylvania and New Jersey
September 21, 2007
Dennis J. Shatto, Executor
Of the Estate of Thomas M. Wallace
828 Limekiln Road
New Cumberland, PA 17070
Wayne Logue, Trustee
Of the Estate of Thomas M. Wallace
342 North Front Street
Wormleysburg, PA 17043
Haley N. Wallace, Devisee
Of the Estate of Thomas M. Wallace
1421 Silver Creek Drive
Mechanicsburg, PA 17050
Nathan A. Wallace, Devisee
Of the Estate of Thomas M. Wallace
1421 Silver Creek Drive
Mechanicsburg, PA 17050
Andrea E. Wallace, Devisee
Of the Estate of Thomas M. Wallace
94 North Old Stone House Road
Carlisle, PA 17013
RE: THOMAS M. WALLACE; 1421 SILVER CREEK, MECHANICSBURG, PA 17050;
CHASE HOME FINANCE LLC; PHS# 161057
Dear Sir/Madam(s):
Kindly be advised that the Law Offices of Phelan Hallinan & Schmieg, LLP represent CHASE
HOME FINANCE LLC, the holder of the mortgage against the above-referenced mortgaged
premises. The loan is in default as payments due May 1, 2007 and each month thereafter remain
due and unpaid. Our office has been retained to bring a foreclosure action.
* This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt
has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage.
Our office has been informed of THOMAS'S unfortunate death. We are sorry for your loss. As
you are a devisee of THOMAS M. WALLACE, you may have been automatically vested with an
ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b).
Accordingly, it may be necessary to bring a foreclosure action against your interest in the
property.
This letter serves to afford you an opportunity to waive your right to be named as a defendant in
your capacity as Devisee in the foreclosure action. Please find attached a Waiver which I would
appreciate your executing and returning to the undersigned within fourtegnn((14 c of the date
of this correspondence.
If the Waiver is timely returned it will not be necessary to name you as a Defendant in your
capacity as Devisee in the foreclosure action. If, however, the Waiver is not timely returned, our
office may proceed to name you as a Defendant in your capacity as Devisee.
It will however, be necessary to name DENNIS J. SHATTO as a defendant in the foreclosure
action in his capacity as Executor of the estate, as well as WAYNE LOGUE in his capacity as
Trustee of the estate, as required by the Pennsylvania Rules of Civil Procedure. Please be
advised you are not personally liable for the debt, as you did not execute the mortgage or note.
Please note that this waiver does not preclude you from attempting to sell the subject premises
and recovering any possible equity in the mortgaged premises prior to the completion of the
foreclosure action.
If you would like to request a payoff or reinstatement figure, please call (215) 563-7000,
and ask for the Foreclosure Resolution Department. If you have any other questions
regarding this letter, please contact the undersigned at (215) 563-7000, ex. 1200.
Sincerely,
hn Parkinson
Legal Assistant
Cc: Ann E. Rhoads, Esquire
• This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt
has been discharged in banlxuptcy, we are only proceeding against the real estate secured by the mortgage.
PHELAN HALLINAN & SCHMIEG, LLP
By: Francis S. Hallinan Attorney for Plaintiff
Identification No. 62695
Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
CHASE HOME FINANCE LLC
V.
ESTATE OF THOMAS M. WALLACE, DECEASED
WAIVER BY HEIR OF RIGHT TO BE NAMED
AS A DEFENDANT IN FORECLOSURE ACTION
I, HALEY N. WALLACE, Devisee of the Estate of THOMAS M. WALLACE, hereby
waive my right to be named as a defendant in a foreclosure action which may be instituted by
CHASE HOME FINANCE LLC, involving a mortgage secured on premises 1421 SILVER
CREEK, MECHANICSBURG, PA 17050, which property was owned by decedent at the time of
his death.
I hereby consent to the foreclosure action, without any further notice of proceedings of
Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be
divested upon completion of the foreclosure action.
Date:
Haley N. Wallace, Devisee
Of the Estate of Thomas M. Wallace
* This firm is a debt collector. Any information we receive will be used for that purpose. If your
personal liability for the debt has been discharged in bankruptcy, we are only proceeding against
the real estate secured by the mortgage.
PHELAN HALLINAN & SCHMIEG, LLP
By: Francis S. Hallinan Attorney for Plaintiff
Identification No. 62695
Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
CHASE HOME FINANCE LLC
V.
ESTATE OF THOMAS M. WALLACE, DECEASED
WAIVER BY HEIR OF RIGHT TO BE NAMED
AS A DEFENDANT IN FORECLOSURE ACTION
I, NATHAN A. WALLACE, Devisee of the Estate of THOMAS M. WALLACE, hereby
waive my right to be named as a defendant in a foreclosure action which may be instituted by
CHASE HOME FINANCE LLC, involving a mortgage secured on premises 1421 SILVER
CREEK, MECHANICSBURG, PA 17050, which property was owned by decedent at the time of
his death.
I hereby consent to the foreclosure action, without any further notice of proceedings of
Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be
divested upon completion of the foreclosure action.
Date:
Nathan A. Wallace, Devisee
Of the Estate of Thomas M. Wallace
* This firm is a debt collector. Any information we receive will be used for that purpose. If your
personal liability for the debt has been discharged in bankruptcy, we are only proceeding against
the real estate secured by the mortgage.
PHELAN HALLINAN & SCHMIEG, LLP
By: Francis S. Hallinan Attorney for Plaintiff
Identification No. 62695
Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
CHASE HOME FINANCE LLC
V.
ESTATE OF THOMAS M. WALLACE, DECEASED
WAIVER BY HEIR OF RIGHT TO BE NAMED
AS A DEFENDANT IN FORECLOSURE ACTION
I, ANDREA E. WALLACE, Devisee of the Estate of THOMAS M. WALLACE, hereby
waive my right to be named as a defendant in a foreclosure action which may be instituted by
CHASE HOME FINANCE LLC, involving a mortgage secured on premises 1421 SILVER
CREEK, MECHANICSBURG, PA 17050, which property was owned by decedent at the time of
his death.
I hereby consent to the foreclosure action, without any further notice of proceedings of
Sheriff s sale, and understand that any interest I may have in the mortgaged premises will be
divested upon completion of the foreclosure action.
Date:
Andrea E. Wallace, Devisee
Of the Estate of Thomas M. Wallace
* This firm is a debt collector. Any information we receive will be used for that purpose. If your
personal liability for the debt has been discharged in bankruptcy, we are only proceeding against
the real estate secured by the mortgage.
EXHIBIT "C"
PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
DANIEL G. SCHMIEG, ESQ., Id. No. 62205
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000 161057
CHASE HOME FINANCE LLC
3415 VISION DRIVE
COLUMBUS, OH 43219
Plaintiff
V.
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF
THE ESTATE OF THOMAS M. WALLACE
828 LIMEKILN ROAD
NEW CUMBERLAND, PA 17070
WAYNE LOGUE, TRUSTEE
OF THE ESTATE OF THOMAS M. WALLACE
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
HALEY N. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE
1421 SILVER CREEK
MECHANICSBURG, PA 17050
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO.
CUMBERLAND COUNTY
File #: 161057
NATHAN A. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
1421 SILVER CREEK DRIVE
MECHANICSBURG, PA 17050
ANDREA E. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
Defendants
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 161057
NOTICE
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, 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.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
File #: 161057
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
File #: 161057
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.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A
DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT
A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON
REAL ESTATE.
File H: 161057
I . Plaintiff is
CHASE HOME FINANCE LLC
3415 VISION DRIVE
COLUMBUS, OH 43219
2. The name(s) and last known address(es) of the Defendant(s) are:
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF
THE ESTATE OF THOMAS M. WALLACE
828 LIMEKILN ROAD
NEW CUMBERLAND, PA 17070
WAYNE LOGUE, TRUSTEE
OF THE ESTATE OF THOMAS M. WALLACE
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
HALEY N. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE
1421 SILVER-CREEK
MECHANICSBURG, PA 17050
NATHAN A. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
1421 SILVER CREEK DRIVE
MECHANICSBURG, PA 17050
ANDREA E. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
who are the real owner(s) of the property hereinafter described.
File #: 161057
On 11/1412006 THOMAS M. WALLACE made, executed, and delivered a mortgage
upon the premises hereinafter described to MORTGAGE ELECRONIC
REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR FREEDOM MORTGAGE
CORPORATION which mortgage is recorded in the Office of the Recorder of
CUMBERLAND County, in Book: 1974, Page: 1421. PLAINTIFF is now the legal
owner of the mortgage and is in the process of formalizing an assignment of same. The
mortgage and assignment(s), if any, are matters of public record and are incorporated
herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the
Plaintiff from its obligations to attach documents to pleadings if those documents are of
public record.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 05/01/2007 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 #: 161057
6.
The following amounts are due on the mortgage:
Principal Balance $295,017.66
Interest $12,892.00
04/01/2007 through 11/06/2007
(Per Diem $58.60)
Attorney's Fees $1,250.00
Cumulative Late Charges $302.88
11/14/2006 to 11/06/2007
Cost of Suit and Title Search 550.00
Subtotal $310;012.54
Escrow
Credit $0.00
Deficit $674.12
Subtotal $674.12
TOTAL $310,686.66
7
8.
If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may
be- less than the amount demanded based on work actually performed. The attorney's fees
requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its
right to collect attorney's fees up to 5% of the remaining principal balance in the event the
property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the
action requires additional fees in excess of the amount demanded in the Action.
Plaintiff is not seeking a judgment of personal liability (or an in personam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
File N: 161057
9. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
10. Mortgagor THOMAS M. WALLACE, died on 05/17/07, leaving a Will dated 09/06/06,
wherein he appointed DENNIS J. SHATTO, as his Executor. Letters Testamentary were
granted to him on 06/01/07 in CUMBERLAND County. No. 2007-00539. Decedent's
surviving heir(s) at law and next-of-kin are HALEY N. WALLACE, NATHAN A.
WALLACE & ANDREA E. WALLACE.
11. Plaintiff does not hold the named Defendants DENNIS J. SHATTO, WAYNE LOGUE,
HALEY N. WALLACE, NATHAN A. WALLACE & ANDREA E. WALLACE,
personally liable on this cause of action and releases them from any personal liability.
This action is being brought to foreclosure their interest in the aforesaid real estate only.
File #: 161057
12. Defendants DENNIS J. SHATTO, WAYNE LOGUE, HALEY N. WALLACE,
NATHAN A. WALLACE & ANDREA E. WALLACE, have been named in accordance
with P.A. R.C.P. 1144 (a) (2), in order to divest the equitable interests in the premises and
have no personal liability for the debt secured by the mortgage.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum
of $310,686.66, together with interest from 11106/2007 at the rate of $58.60 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.
PHELAN HALLINAN & SCH LLP
By: /s ran cis S. Halli
LAWRENCE T. PHELAN, ESQUIRE
DANIEL G. SCHMIEG, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 161057
LEGAL DESCRIPTION
All that certain lot or piece of ground situate in the Township of Hampden, County of
Cumberland and Commonwealth of Pennsylvania, being known as Lot No. 31 in the Final
Subdivision Plan of Turnberry, Phase III, as recorded in the Recorder's Office of Cumberland
County; Pennsylvania in Plan Book Volume 67, Page 29.
BEING designated as Tax Parcel No. 10-16-10610-181 in the Deed Registry Office of
Cumberland County, Pennsylvania.
BEING the same premises which Alan H. Herman and Deborah K. Herman, husband and wife,
by deed dated July 8, 2005 and recorded July 18, 2005 in the Recorder's Office of Cumberland
County, Pennsylvania in Deed Book Volume 269, Page 4762, granted and conveyed unto
Thomas M. Wallace.
PROPERTY BEING: 1421 SILVER CREEK DRIVE
File 1t: 161057
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 Plaintiff and are true and correct to the best of its
knowledge, information and belief. Furthermore, counsel intends to substitute a
verification from Plaintiff upon receipt.
The undersigned understands that this statement is made subject to the penalties
of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities.
)D I Lv't?'-
Francis S. Hallinan, Esquire
Attorney for Plaintiff
DATE:
PHELAN HALLINAN & SCHMIEG, LLP
Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
Fax: 215-563-3352
John.Parkinson(a,fedphe-pa.com
John Parkinson
Legal Assistant, Decedent Department
March 26, 2007
Dennis J. Shatto
828 Limekiln Road
New Cumberland, PA 17070
RE: CHASE HOME FINANCE LLC
Representing Lenders in
Pennsylvania and New Jersey
V.
ESTATE OF THOMAS M. WALLACE, ET AL
CUMBERLAND COUNTY NO. 07-6756 CIVIL TERM
Dear Mr. Shatto:
Enclosed please find Plaintiffs proposed Stipulation to Appoint Guardian Ad Lit= for minor defendant,
Andrea E. Wallace, Devisee of the Estate of Thomas M. Wallace, and Acceptance of Service of
Complaint.
On November 7, 2007, this office filed a civil action naming Andrea E. Wallace as a party defendant.
Because Andrea is a minor Defendant and is not represented by a guardian, we are required to have
appointed a Guardian Ad Litem for her for purposes of these proceedings, so that her interest in this
action is properly represented. As you are the Executor of the Estate of Thomas M. Wallace, we are
requesting that you be appointed Guardian Ad Litem in this action.
By consenting to the terms of the stipulation, you will be appointed Guardian Ad Litem for Andrea E.
Wallace for the purposes of these proceedings, only. You will be accepting service of the complaint filed
on November 7, 2007, and all future pleadings, as Guardian Ad Litem for Andrea E. Wallace, Devisee of
the Estate of Thomas M. Wallace.
*This firm is a debt collector. Any information we receive will be used for that purpose. If your personal
liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate
secured by the mortgage.
Please be advised that neither you, nor Andrea E. Wallace, are liable to pay this debt, as you did not sign
the mortgage or note. However, you do have the right to bring the loan current. It is Plaintiff s intention
to divest Andrea's interest in the mortgaged premises in order to take this property to Sheriff s Sale and
sell it free and clear to a third party.
I realize this may be difficult to understand. Should you have any questions, do not hesitate to contact
this office. Please know that should this document not be signed and returned within fourteen (14) days
of the date of this correspondence it will be necessary for our office to file a formal motion with the court
to request you be appointed Guardian Ad Litem for Andrea E. Wallace.
Sincerely,
N N p
Parkinson
Legal Assistant
Cc: Andrea E. Wallace
*This firm is a debt collector. Any information we receive will be used for that purpose. If your personal
liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate
secured by the mortgage.
PHELAN HALLINAN & SCHMIEG, LLP
BY: Francis S. Hallinan, Esquire
Identification No. 62695
One Penn Center Plaza
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
Attorney For Plaintiff
CHASE HOME FINANCE LLC
V.
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR NO. 07-6756 CIVIL TERM
OF THE ESTATE OF THOMAS M. WALLACE
ET AL.
STIPULATION FOR ACCEPTANCE OF SERVICE OF COMPLAINT
AND APPOINTMENT OF GUARDIAN AD LITEM
It is hereby stipulated by and between Plaintiff, CHASE HOME FINANCE LLC, by and
through its attorney, Francis S. Hallinan, Esquire, and Defendant, Andrea E. Wallace, that:
1. Defendant, Andrea E. Wallace, Devisee of the Estate of Thomas M. Wallace, hereby
accepts service of the Complaint filed in the within action on or about November 7, 2007.
2. Plaintiff will provide the 10-day default notice to the defendant, Andrea E. Wallace,
Devisee of the Estate of Thomas M. Wallace, under Pa.R.C.P.237.
3. Dennis J. Shatto, hereby consents to his appointment as Guardian Ad Litem of minor
defendant Andrea E. Wallace, for the purposes of these proceedings and consents to the terms set
forth in this within stipulation. Attached hereto as Exhibit "A" is a Consent to Guardianship
executed by Dennis J. Shatto.
4. It is hereby agreed that Plaintiff may effectuate notice of sale pursuant to
Pa.R.C.P. 3129 upon Dennis J. Shatto, Guardian Ad Litem of Andrea E. Wallace, Devisee of the
Estate of Thomas M. Wallace, by regular mail and thereafter filing an Affidavit of Service of
same with the Office of the Prothonotary.
Date:
Date:
Francis S. Hallinan, Esquire
Attorney for Plaintiff
Dennis J. Shatto, Guardian Ad Litem for
Andrea E. Wallace, Minor Devisee
Of the Estate of Thomas M. Wallace
PHELAN HALLINAN & SCHMIEG, LLP
BY: Francis S. Hallinan, Esquire
Identification No. 62695 Attorney For Plaintiff
One Penn Center Plaza
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
CHASE HOME FINANCE LLC COURT OF COMMON PLEAS
CIVIL DIVISION
V.
ESTATE OF THOMAS M. WALLACE
CUMBERLAND COUNTY
DENNIS J. SHATTO, EXECUTOR NO. 07-6756 CIVIL TERM
OF THE ESTATE OF THOMAS M. WALLACE
ET AL.
CONSENT TO GUARDIANSHIP
As Andrea E. Wallace is a minor, and is not represented by a guardian, the Court is
required to appoint a guardian for her upon petition. See Pa.R.C.P. 2031 (b) and 2027.
To ensure the interest of Andrea E. Wallace will be properly represented, a guardian Ad
Litem must be appointed to represent her in the mortgage foreclosure action. Pursuant to this
requirement, Dennis J. Shatto is the Executor of the Estate of Thomas M. Wallace, and Plaintiff
requests that he be appointed Guardian Ad Litem in this action.
Dennis J. Shatto hereby agrees to be appointed Guardian Ad Litem for purposes of these
proceedings.
Date:
Dennis J. Shatto, Guardian Ad Litem for
Andrea E. Wallace, Minor Devisee
Of the Estate of Thomas M. Wallace
. ?+;.? .?i.'foarn .T?" .. ']i SI.YA' + +?.a? 1? ??'?' ; "WY?'???g`_._ `_?'.?.
. :.
..
CLECKNER AND FEAREN
ATTORNEYS AT LAW
119 LOCUST STREET
P.O. BOX 11847
HARRISBURG, PENNSYLVANIA 17108-1847
TELEPHONE: (717) 238-1731
FAX: (717) 238-8481
A NNE. HOADS SHATTO December 7, 2007
John Parkinson, Legal Assistant
Decedent Department
Phelan Hallinan & Schmieg, LLP
1617 JFK Blvd., Ste. 1400
Suburban Station
Philadelphia, PA 19103-1814.
Re: Chase Home
vs. Estate
Cumberland
Dear Mr. Parkinson:
Finance LLC
of Thomas N. Wallace
County No. 07-6756
RICHARD W. CLECKNER
(1926 - 20041
ROBERT D. HANSON
(1916 - 20061
RETIRED:
WILLIAM FEAREN
I am writing in response to your letter dated March 26, 2007,
which I presumed was meant to be dated November 26, 2007.
I am not willing to accept an appointment of Guardian Ad Litem
for Andrea E. Wallace. I simply would not.feel comfortable acting
in that capacity.
With respect to the property, as I have indicated in earlier
correspondence, the balance due on the two (2) mortgages far
exceeds the fair market value of the property, and the estate
really has no continuing interest in the property. As executor, I
cannot justify spending any additional funds for utility payments.
So that there is not any damage as a result of freezing pipes
and the like, I would suggest that you contact me at your earliest
convenience. You may very well want to make arrangements to
transfer obligations for the utilities or to winterize the
dwelling.
Thank you for.your cooperation and assistance.
Very truly yours,
CLECKNER AND FEAREN
Den is J. Shatto
DJS:lnm
EXgIgIT
PHELAN HALLINAN & SCHMIEG, LLP
Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
Fax: 215-563-3352
John.Parkinson(Wednhe-va.com
John Parkinson
Legal Assistant, Decedent Department
Representing Lenders in
Pennsylvania and New Jersey
December 17, 2007
Nickola K. Wallace
94 North Old Stone House Road
Carlisle, PA 17013
RE: CHASE HOME FINANCE LLC
V.
ESTATE OF THOMAS M. WALLACE, ET AL
CUMBERLAND COUNTY NO. 07-6756 CIVIL TERM
Dear Ms. Wallace:
Enclosed please find Plaintiffs proposed Stipulation to Appoint Guardian Ad Litem for minor defendant,
Andrea E. Wallace, Devisee of the Estate of Thomas M. Wallace, and Acceptance of Service of
Complaint.
On November 7, 2007, this office filed a civil action naming Andrea E. Wallace as a party defendant.
Because Andrea is a minor Defendant and is not represented by a guardian, we are required to have
appointed a Guardian Ad Litem for her for purposes of these proceedings, so that her interest in this
action is properly represented. As you are the parent and natural guardian of Andrea E. Wallace, we are
requesting that you be appointed Guardian Ad Litem in this action.
By consenting to the terms of the stipulation, you will be appointed Guardian Ad Litem for Andrea E.
Wallace for the purposes of these proceedings, only. You will be accepting service of the complaint filed
on November 7, 2007, and all future pleadings, as Guardian Ad Litem for Andrea E. Wallace, Devisee of
the Estate of Thomas M. Wallace.
*This firm is a debt collector. Any information we receive will be used for that purpose. If your personal
liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate
secured by the mortgage.
Please be advised that neither you, nor Andrea E. Wallace, are liable to pay this debt, as you did not sign
the mortgage or note. However, you do have the right to bring the loan current. It is Plaintiff s intention
to divest Andrea's interest in the mortgaged premises in order to take this property to Sheriffs Sale and
sell it free and clear to a third party.
I realize this may be difficult to understand. Should you have any questions, do not hesitate to contact
this office. Please know that should this document not be signed and returned within fourteen (14) days
of the date of this correspondence it will be necessary for our office to file a formal motion with the court
to request you be appointed Guardian Ad Litem for Andrea E. Wallace.
Sincerely,
h Parkinson
Le al Assistant
Cc: Dennis J. Shatto, Esquire
*This firm is a debt collector. Any information we receive will be used for that purpose. If your personal
liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate
secured by the mortgage.
PHELAN HALLINAN & SCHMIEG, LLP
BY: Francis S. Hallinan, Esquire
Identification No. 62695 Attorney For Plaintiff
One Penn Center Plaza
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
CHASE HOME FINANCE LLC COURT OF COMMON PLEAS
CIVIL DIVISION
V.
CUMBERLAND COUNTY
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR NO. 07-6756 CIVIL TERM
OF THE ESTATE OF THOMAS M. WALLACE
ET AL.
STIPULATION FOR ACCEPTANCE OF SERVICE OF COMPLAINT
AND APPOINTMENT OF GUARDIAN AD LITEM
It is hereby stipulated by and between Plaintiff, CHASE HOME FINANCE LLC, by and
through its attorney, Francis S. Hallinan, Esquire, and Defendant, Andrea E. Wallace, that:
1. Defendant, Andrea E. Wallace, Devisee of the Estate of Thomas M. Wallace, hereby
accepts service of the Complaint filed in the within action on or about November 7, 2007.
2. Plaintiff will provide the 10-day default notice to the defendant, Andrea E. Wallace,
Devisee of the Estate of Thomas M. Wallace, under Pa.R.C.P.237.
3. Nickola K. Wallace, hereby consents to her appointment as Guardian Ad Litem of
minor defendant Andrea E. Wallace, for the purposes of these proceedings and consents to the
terms set forth in this within stipulation. Attached hereto as Exhibit "A" is a Consent to
Guardianship executed by Nickola K. Wallace.
4. It is hereby agreed that Plaintiff may effectuate notice of sale pursuant to
Pa.R.C.P. 3129 upon Nickola K. Wallace, Guardian Ad Litem of Andrea E. Wallace, Devisee of
the Estate of Thomas M. Wallace, by regular mail and thereafter filing an Affidavit of Service of
same with the Office of the Prothonotary.
Date:
Francis S. Hallinan, Esquire
Attorney for Plaintiff
Date:
Nickola K. Wallace, Guardian Ad Litem for
Andrea E. Wallace, Minor Devisee
Of the Estate of Thomas M. Wallace
PHELAN HALLINAN & SCHMIEG, LLP
BY: Francis S. Hallinan, Esquire
Identification No. 62695 Attorney For Plaintiff
One Penn Center Plaza
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
CHASE HOME FINANCE LLC COURT OF COMMON PLEAS
CIVIL DIVISION
V.
CUMBERLAND COUNTY
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR NO. 07-6756 CIVIL TERM
OF THE ESTATE OF THOMAS M. WALLACE
ET AL.
CONSENT TO GUARDIANSHIP
As Andrea E. Wallace is a minor, and is not represented by a guardian, the Court is
required to appoint a guardian for her upon petition. See Pa.R.C.P. 2031 (b) and 2027.
To ensure the interest of Andrea E. Wallace will be properly represented, a guardian Ad
Litem must be appointed to represent her in the mortgage foreclosure action. Pursuant to this
requirement, Nickola K. Wallace is the parent and natural guardian of Andrea E. Wallace, and
Plaintiff requests that she be appointed Guardian Ad Litem in this action.
Nickola K. Wallace hereby agrees to be appointed Guardian Ad Litem for purposes of
these proceedings.
Date:
Nickola K. Wallace, Guardian Ad Litem for
Andrea E. Wallace, Minor Devisee
Of the Estate of Thomas M. Wallace
EXHIBIT "G"
PHELAN HALLINAN & SCHMIEG, LLP
Suite 1400
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
215-563-7000
Fax: 215-563-3352
John.Parkinson@fedphe.com
John Parkinson
Legal Assistant, Decedent Department
Representing Lenders
In Pennsylvania and New Jersey
February 5, 2008
Dennis J. Shatto, Executor
Of the Estate of Thomas M. Wallace
828 Limekiln Road
New Cumberland, PA 17070
RE: CHASE HOME FINANCE LLC
V.
ESTATE OF THOMAS M. WALLACE, ET AL
CUMBERLAND COUNTY NO. 07-6756 CIVIL TERM
Dear Defendant:
Enclosed please find a copy of my proposed Motion for the Appointment of a Guardian Ad Litem for
Andrea E. Wallace. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief. Please respond to me within one week, by February 12, 2008.
Should you have any further questions or concerns, please feel free to contact me. Otherwise, please be
guided accordingly.
Sincerely,
John Parkinson
Legal Assistant
PHELAN HALLINAN & SCHMIEG, LLP
Suite 1400
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
215-563-7000
Fax: 215-563-3352
John.Parkinson@fedphe.com
John Parkinson
Legal Assistant, Decedent Department
Representing Lenders
In Pennsylvania and New Jersey
February 5, 2008
Wayne Logue, Trustee
Of the Estate of Thomas M. Wallace
342 North Front Street
Wormleysburg, PA 17043
RE: CHASE HOME FINANCE LLC
V.
ESTATE OF THOMAS M. WALLACE, ET AL
CUMBERLAND COUNTY NO. 07-6756 CIVIL TERM
Dear Defendant:
Enclosed please find a copy of my proposed Motion for the Appointment of a Guardian Ad Litem for
Andrea E. Wallace. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief. Please respond to me within one week, by February 12, 2008.
Should you have any further questions or concerns, please feel free to contact me. Otherwise, please be
guided accordingly.
Sincerely,
John Parkinson
Legal Assistant
PHELAN HALLINAN & SCHMIEG, LLP
Suite 1400
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
215-563-7000
Fax: 215-563-3352
John.Parkinson@fedphe.com
John Parkinson Representing Lenders
Legal Assistant, Decedent Department In Pennsylvania and New Jersey
February 5, 2008
Haley N. Wallace, Devisee
Of the Estate of Thomas M. Wallace
1421 Silver Creek Drive
Mechanicsburg, PA 17050
RE: CHASE HOME FINANCE LLC
V.
ESTATE OF THOMAS M. WALLACE, ET AL
CUMBERLAND COUNTY NO. 07-6756 CIVIL TERM
Dear Defendant:
Enclosed please find a copy of my proposed Motion for the Appointment of a Guardian Ad Litem for
Andrea E. Wallace. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking your
concurrence with the requested relief. Please respond to me within one week, by February 12, 2008.
Should you have any further questions or concerns, please feel free to contact me. Otherwise, please be
guided accordingly.
Sincerely,
John Parkinson
Legal Assistant
PHELAN HALLINAN & SCHMIEG, LLP
Suite 1400
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
215-563-7000
Fax: 215-563-3352
John.Parkinson@fedphe.com
John Parkinson
Legal Assistant, Decedent Department
Representing Lenders
In Pennsylvania and New Jersey
February 5, 2008
Nathan A. Wallace, Devisee
Of the Estate of Thomas M. Wallace
1421 Silver Creek Drive
Mechanicsburg, PA 17050
RE: CHASE HOME FINANCE LLC
V.
ESTATE OF THOMAS M. WALLACE, ET AL
CUMBERLAND COUNTY NO. 07-6756 CIVIL TERM
Dear Defendant:
Enclosed please find a copy of my proposed Motion for the Appointment of a Guardian Ad Litem for
Andrea E. Wallace. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief. Please respond to me within one week, by February 12, 2008.
Should you have any further questions or concerns, please feel free to contact me. Otherwise, please be
guided accordingly.
Sincerely,
John Parkinson
Legal Assistant
PHELAN HALLINAN & SCHMIEG, LLP
Suite 1400
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
215-563-7000
Fax: 215-563-3352
John.Parkinson@fedphe.com
John Parkinson
Legal Assistant, Decedent Department
Representing Lenders
In Pennsylvania and New Jersey
February 5, 2008
Andrea E. Wallace, Devisee
Of the Estate of Thomas M. Wallace
94 North Old Stone House Road
Carlisle, PA 17013
RE: CHASE HOME FINANCE LLC
V.
ESTATE OF THOMAS M. WALLACE, ET AL
CUMBERLAND COUNTY NO. 07-6756 CIVIL TERM
Dear Defendant:
Enclosed please find a copy of my proposed Motion for the Appointment of a Guardian Ad Litem for
Andrea E. Wallace. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief. Please respond to me within one week, by February 12, 2008.
Should you have any further questions or concerns, please feel free to contact me. Otherwise, please be
guided accordingly.
Sincerely,
John Parkinson
Legal Assistant
PHELAN HALLINAN & SCHMIEG, LLP
Suite 1400
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
215-563-7000
Fax: 215-563-3352
John.Parkinson@fedphe.com
John Parkinson
Legal Assistant, Decedent Department
Representing Lenders
In Pennsylvania and New Jersey
February 5, 2008
Nickola K. Wallace
94 North Old Stone House Road
Carlisle, PA 17013
RE: CHASE HOME FINANCE LLC
V.
ESTATE OF THOMAS M. WALLACE, ET AL
CUMBERLAND COUNTY NO. 07-6756 CIVIL TERM
Dear Ms. Wallace:
Enclosed please find a copy of my proposed Motion for the Appointment of a Guardian Ad Litem for
Andrea E. Wallace. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief. Please respond to me within one week, by February 12, 2008.
Should you have any further questions or concerns, please feel free to contact me. Otherwise, please be
guided accordingly.
Sincerely,
John Parkinson
Legal Assistant
B O 4 e L 3000 dIZ WOMB 0nvw
SOOZ ..GO ZO s 06084vo 000
'?&OdS??y
O
M
G
?s
v a,
U
63
y CCf
CC
cn
a ° 1°t -4
?
M c? O y,pi ?" O ? r'
o°? ° E-?d wa?` a a
wQ od p ? "."? n
a
43 O w°? O? O? O O
? O ?•v' AAA ? O ?
?A ?
Q W ? ? '0
54
H O Q
L' N S Z r' p 0
aZ a?iit??d oZ
u , 0 cd '?c Ct' Z ON
? Aoo3Mx'" r
z
1 ?
PO
u ?
O 6 8
? i fQ/1
.d N y
0
401
•S ? w
x
x o
ax•
a
a
a
.-? N M NO ao as
.W
g
rrT?T.
1.?
b
0
VERIFICATION
Joseph P. Schalk, 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 COMPLAINT IN MORTGAGE FORECLOSURE
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.
Date: "i ) 0,9
PAMZ2:??
Jose h P. chalk, Esquire
Atto ey for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
BY: Joseph P. Schalk, Esquire ATTORNEY FOR PLAINTIFF
ATTORNEY I.D. #91656
107 North Front Street, Suite 115
Harrisburg, PA 17101
(215) 563-7000
CHASE HOME FINANCE LLC COURT OF COMMON PLEAS
CIVIL DIVISION
V.
NO. 07-6756 CIVIL TERM
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF CUMBERLAND COUNTY
THE ESTATE OF THOMAS M. WALLACE
ET AL.
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of Plaintiff's Motion for the Appointment of
a Guardian Ad Litem for ANDREA E. WALLACE, and Belief in Support thereof, were sent via
first class mail to the following on the date listed below:
DENNIS J. SHATTO
828 LIMEKILN ROAD
NEW CUMBERLAND, PA 17070
WAYNE LOGUE
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
(CONTINUED)
HALEY N. WALLACE
1421 SILVER CREEK
MECHANICSBURG, PA 17050
NATHAN A. WALLACE
1421 SILVER CREEK DRIVE
MECHANICSBURG, PA 17050
ANDREA E. WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
NICKOLA K. WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
Respectfully submitted,
Phelan Hallinan & Schmieg, LLP
Attorney for Plaintiff
By: P &ZtL??
J p . S lk, Esquire
Dated: February 5, 2008
t ? -r7
CC;
k
-= 00
f
FEB 1 5 2008 A4 "/
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CHASE HOME FINANCE LLC
V.
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF
THE ESTATE OF THOMAS M. WALLACE
ET AL.
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-6756 CIVIL TERM
CUMBERLAND COUNTY
ORDER
AND NOW, this / T- day of 2008, upon
consideration of Plaintiffs Motion for the Appointment of a Guardian Ad Litem for defendant,
ANDREA E. WALLACE, DEVISEE OF THE ESTATE OF THOMAS M. WALLACE and any
Response thereto, it is hereby
ORDERED and DECREED that. the Court appoints NICKOLA K. WALLACE as
Guardian Ad Litem for ANDREA E. WALLACE, in the mortgage foreclosure action.
J
A
nX7 TTSL OC'hTTDT'.
law
f'
C Q: I I V O Z 83A BBQZ
Islolo'cle
Ji dC
Phelan Hallinan & Schmieg, LLP
Lawrence T. Phelan, Esq., Id. No. 32227
Francis S. Hallinan, Esq., Id. No. 62695
1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
CHASE HOME FINANCE LLC COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
VS.
CUMBERLAND COUNTY
DENNIS J. SHATTO
WAYNE LOGUE
HALEY N. WALLACE
NATHAN A. WALLACE
ANDREA E. WALLACE
Defendants
TO THE PROTHONOTARY:
Kindly reinstate the Civil Action in
No. 07-6756 CIVIL TERM
Foreclosure with reference to the above
captioned matter.
S
Date: April 1, 2009
B
F CIS-S.11ALj4a N, ESQUIRE
LA NCE T. PHELAN, ESQUIRE
D L G. SCHMIEG, ESQUIRE
A evs for Plaintiff
/lxh, Svc Dept.
File# 161057
o -mo ?
o rn
0
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-06756 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE HOME FINANCE LLC
VS
...
WALLACE THOMAS M ESTATE OF ETC
WILLIAM CLINE
Cumberland County,Pennsylvai
says, the within COMPLAINT
WALLACE NICKOLA GUARDIAN AT
DEFENDANT , at 1644:00
at 94 OLD STONE HOUSE ROAD
Sheriff or Dep
Zia, who being duly
- MORT FORE was
LITEM FOR ANDRES E
HOURS, on the 9th
uty Sheriff of
sworn according to law,
served upon
WALLACE the
day of April , 2008
CARLISLE, PA 17013 by handing to
NATHAN WALLACE, SON, ADULT IN CHARGE
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 5.00
Affidavit .00
Surcharge 10.00
00
33.00
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline '
04/10/2008
PHELAN HALLINAN SCHMIEG
By ??
Deputy Sheriff
A. D.
PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
CHASE HOME FINANCE, LLC
3415 VISION DRIVE
COLUMBUS, OH 43219
Plaintiff,
V.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
ESTATE OF THOMAS M. WALLACE, NO. 07-6756 CIVIL TERM
DENNIS J. SHATTO, EXECUTOR OF THE ESTATE
OF THOMAS M. WALLACE
828 LIMEKILN ROAD
NEW CUMBERLAND, PA 17070
WAYNE LOGUE, TRUSTEE OF THE
ESTATE OF THOMAS M. WALLACE
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
HALEY N. WALLACE, DEVISEE OF
THE ESTATE OF THOMAS M. WALLACE
1421 SILVER CREEK
MECHANICSBURG, PA 17050
NATHAN A. WALLACE, DEVISEE OF THE ESTATE
OF THOMAS M. WALLACE
1421 SILVER CREEK DRIVE
MECHANICSBURG, PA 17050
ANDREA E. WALLACE, DEVISEE OF THE ESTATE
OF THOMAS M. WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
Defendant(s).
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 Plaintiff and against ESTATE OF THOMAS M.
WALLACE DENNIS J SHATTO, EXECUTOR OF THE ESTATE OF THOMAS M. WALLACE, WAYNE
LOGUE TRUSTEE OF THE ESTATE OF THOMAS M. WALLACE, HALEY N. WALLACE DEVISEE OF THE
ESTATE OF THOMAS M WALLACE NATHAN A. WALLACE, DEVISEE OF THE ESTATE OF THOMAS M.
WALLACE and ANDREA E. WALLACE, DEVISEE OF THE ESTATE OF THOMAS 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 $310,686.66
Interest from 11/7/07 to 6/3/08 $12,306.00
TOTAL $322,992.66
I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) a shown above, and
(2) that notice has been given in accordance with Ru 7.1, py a the .
ANIEL SCHMIEG, ESQU
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: ??U$
161057 PRO JMRUTHY
PHELAN HALLINAN & SCHMIEG, LLP
By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Philadelphia, PA 19103
(215) 563_7000
CHASE HOME FINANCE LLC
Plaintiff
Vs.
ESTATE OF THOMAS M. WALLACE DENNIS J.
SHATTO, EXECUTOR OF THE ESTATE OF
THOMAS M. WALLACE
WAYNE LOGUE, TRUSTEE OF THE ESTATE OF
THOMAS M. WALLACE
HALEY N. WALLACE, DEVISEE OF THE STATE OF
THOMAS M. WALLACE
NATHAN A. WALLACE, DEVISEE OF THE ESTATE
OF THOMAS M. WALLACE
ANDREA E. WALLACE, DEVISEE OF THE ESTATE
OF THOMAS M. WALLACE
Defendants
: COURT OF COMMON PLEAS
: CIVIL DIVISION
CUMBERLAND COUNTY
NO. 07-6756 CIVIL TERM
TO: NICKOLA WALLACE, GUARDIAN AT LITEM FOR ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
DATE OF NOTICE: MAY 6.2008
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS
ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO 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 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 LAWYER REFERRAL S ICE
CUMBERLAND COUNTY BAR ASSOCIA4`V
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800)990-9108
amey, Legal Assistant
PHELAN HALLINAN & SCHMIEG, LLP
By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Philadelphia, PA 19103
(215) 563-7000
CHASE HOME FINANCE LLC
Plaintiff
: COURT OF COMMON PLEAS
Vs.
ESTATE OF THOMAS M. WALLACE DENNIS J.
SHATTO, EXECUTOR OF THE ESTATE OF
THOMAS M. WALLACE
WAYNE LOGUE, TRUSTEE OF THE ESTATE OF
THOMAS M. WALLACE
HALEY N. WALLACE, DEVISEE OF THE STATE OF
THOMAS M. WALLACE
NATHAN A. WALLACE, DEVISEE OF THE ESTATE
OF THOMAS M. WALLACE
ANDREA E. WALLACE, DEVISEE OF THE ESTATE
OF THOMAS M. WALLACE
Defendants
CIVIL DIVISION
: CUMBERLAND COUNTY
NO. 07-6756 CIVIL TERM
TO: NATHAN A. WALLACE, DEVISEE OF THE ESTATE OF THOMAS M. WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
DATE OF NOTICE: MAY 6, 2009
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS
ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO 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 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
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATIO
32 SOUTH BEDFORD STREET T ?V
CARLISLE, PA 17013
(800)990-9108
Li sine , Legal Assistant
PHELAN HALLINAN & SCHMIEG, LLP
By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Philadelphia, PA 19103
(215) 563-7000
CHASE HOME FINANCE LLC
Plaintiff
Vs.
ESTATE OF THOMAS M. WALLACE DENNIS J.
SHATTO, EXECUTOR OF THE ESTATE OF
THOMAS M. WALLACE
WAYNE LOGUE, TRUSTEE OF THE ESTATE OF
THOMAS M. WALLACE
HALEY N. WALLACE, DEVISEE OF THE STATE OF
THOMAS M. WALLACE
NATHAN A. WALLACE, DEVISEE OF THE ESTATE
OF THOMAS M. WALLACE
ANDREA E. WALLACE, DEVISEE OF THE ESTATE
OF THOMAS M. WALLACE
Defendants
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
: NO. 07-6756 CIVIL TERM
TO: HALEY N. WALLACE, DEVISEE OF THE STATE OF THOMAS M. WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
DATE OF NOTICE: MAY 6, 2009
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS
ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO 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 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
LAWYER REFERRAL SERVICE °
CUMBERLAND COUNTY BAR ASSOCI g
-
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800)990-9108
\ L' ` Hainey, Legal Assistant
PHELAN HALLINAN & SCHMIEG, LLP
By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Philadelphia, PA 19103
(215) 563-'7000
CHASE HOME FINANCE LLC
Plaintiff
Vs.
ESTATE OF THOMAS M. WALLACE DENNIS J.
SHATTO, EXECUTOR OF THE ESTATE OF
THOMAS M. WALLACE
WAYNE LOGUE, TRUSTEE OF THE ESTATE OF
THOMAS M. WALLACE
HALEY N. WALLACE, DEVISEE OF THE STATE OF
THOMAS M. WALLACE
NATHAN A. WALLACE, DEVISEE OF THE ESTATE
OF THOMAS M. WALLACE
ANDREA E. WALLACE, DEVISEE OF THE ESTATE
OF THOMAS M. WALLACE
Defendants
COURT OF COMMON PLEAS
: CIVIL DIVISION
: CUMBERLAND COUNTY
NO. 07-6756 CIVIL TERM
TO: WAYNE LOGUE, TRUSTEE OF THE ESTATE OF THOMAS M. WALLACE
342 NORTH FRONT STREET
WORMLEYSBURGPA17043
DATE OF NOTICE: MAY 6, 2008
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS
ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO 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 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 P Y
LAWYER REFERRAL SERV
CUMBERLAND COUNTY BAR Assmu)
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800)990-9108
y ily ainey, gal Assistant
PHELAN HALLINAN & SCHMIEG, LLP
By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Philadelphia, PA 19103
(215) 563-7000
CHASE HOME FINANCE LLC
Plaintiff
Vs.
ESTATE OF THOMAS M. WALLACE DENNIS J.
SHATTO, EXECUTOR OF THE ESTATE OF
THOMAS M. WALLACE
WAYNE LOGUE, TRUSTEE OF THE ESTATE OF
THOMAS M. WALLACE
HALEY N. WALLACE, DEVISEE OF THE STATE OF
THOMAS M. WALLACE
NATHAN A. WALLACE, DEVISEE OF THE ESTATE
OF THOMAS M. WALLACE
ANDREA E. WALLACE, DEVISEE OF THE ESTATE
OF THOMAS M. WALLACE
Defendants
COURT OF COMMON PLEAS
CIVIL DIVISION
: CUMBERLAND COUNTY
NO. 07-6756 CIVIL TERM
TO: ESTATE OF THOMAS M. WALLACE DENNIS J. SHATTO,
EXECUTOR OF THE ESTATE OF THOMAS M. WALLACE
828 LMMIULN ROAD
NEW CUMBERLAND, PA 17070
DATE OF NOTICE: MAY 6, 2008
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS
ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO 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 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
LAWYER REFERRAL SERVICE P
CUMBERLAND COUNTY BAR ASSOCAON
32 SOUTH BEDFORD STRE T
CARLISLE, PA 17013
(800)990-9108
Lily Hainey, Legal Assistant
PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205 ATTORNEY FOR PLAINTIFF
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
CHASE HOME FINANCE, LLC
3415 VISION DRIVE CUMBERLAND COUNTY
Plaintiff, COURT OF COMMON PLEAS
V.
CIVIL DIVISION
ESTATE OF THOMAS M. WALLACE, DENNIS J.
SHATTO, EXECUTOR OF THE ESTATE OF NO. 07-6756 CIVIL TERM
THOMAS M. WALLACE
WAYNE LOGUE, TRUSTEE OF THE ESTATE OF
THOMAS M. WALLACE .
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Defendant(s).
VERIFICATION OF NON-MILITARY SERVICE
DANIEL G. SCHMIEG, 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 ESTATE OF THOMAS M. WALLACE, DENNIS J. SHATTO,
EXECUTOR OF THE ESTATE OF THOMAS M. WALLACE is over 18 years of
age and resides at 828 LIMEKILN ROAD, NEW CUMBERLAND, PA 17070.
(c) that defendant NATHAN A. WALLACE, DEVISEE OF THE ESTATE OF
THOMAS M. WALLACE is over 18 years of age, and resides at, 1421 SILVER
CREEK DRIVE, MECHANICSBURG, PA 17050.
(d) that defendant ANDREA E. WALLACE, DEVISEE OF THE ESTATE OF
THOMAS M. WALLACE is over 18 years of age, and resides at 94 NORTH OLD
STONE HOUSE ROAD, CARLILSE, PA 17013
(e) that defendant WAYNE LOGUE, TRUSTEE OF THE ESTATE OF THOMAS
M. WALLACE is over 18 years of age, and resides at 342 NORTH FRONT
STREET, WORMLEYSBURG, PA 17043.
(f) that defendant HALEY N. WALLACE, DEVISEE OF THE ESTATE OF
THOMAS M. WALLACE is over 18 years of age and resides at, 1421 SILVER
CREEK, MECHANICSBURG, PA 17050.
This statement is made subject to the penalties of 18 Pa. C. ection 4904 relating to
unsworn falsification to authorities.
ANIEL G. SCHMIEG, N QUIRE
Attorney for Plaint
7Z
. ` film
L G -'G
(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CHASE HOME FINANCE, LLC
3415 VISION DRIVE
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
V.
ESTATE OF THOMAS M. WALLACE, DENNIS J.
SHATTO, EXECUTOR OF THE ESTATE OF
THOMAS M. WALLACE
WAYNE LOGUE, TRUSTEE OF THE ESTATE OF
THOMAS M. WALLACE
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Defendant(s).
CIVIL DIVISION
NO. 07-6756 CIVIL TERM
Notice is given that a Judgment in the above-captioned matter has been entered against you on
By:
If you have any questions concerning this matter, please contact:
DANIEL G. SCHMIEG, 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."
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
CHASE HOME FINANCE, LLC
Plaintiff,
V. No. 07-6756 CIVIL TERM
ESTATE OF THOMAS M. WALLACE,
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE,
WAYNE LOGUE, TRUSTEE OF THE
ESTATE OF THOMAS M. WALLACE,
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE,
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE and
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
interest from 06/04/2008 - 12/10/2008
(per diem -$53.09)
Add'1 Costs
TOTAL
$322,992.66
$10,087.10 and Costs
$3,760.45
OaA, n $3,36,840.21 n
t D ? '\ 1. ?SCL 1,60
DANIEL G. SCHMIEG, ESQU"
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 propirty. .
IMPORTANT NOTICE: This property is sold at the direction of the
plaintiff. It may not be fold in the absence of a representative of
the plaintiff at the Sheriff's Sale. The sale must be postponed or
stayed in the event that a representative of the plaintiff is not
present at the sale. 161057
d
W ?
od
W?
W
p? w
O? O
v ?
?U
v
a
3
O
"? d W
W
O O
W
Ems' w
",
V W'
ww a
0
h
A
w
OHO O O
Ooo `? ? ?o
M
d'
? O
? d d
O a
" Via
12
d `L O ?
??o a
?' d o 0
pox ?
Uwe ?;
?w
oQ d o
a? d w
p, x
NWd a u,
P4
w
Ga '? U
43
L
'6A , Sy .9> W Q
a 06 r; 6W - v
0 000
oao° _ - ¢ ? _ - ?t7
v
?p
w d
LEGAL DESCRIPTION
All that certain lot or piece of ground situate in the Township of Hampden,
County of Cumberland and Commonwealth of Pennsylvania, being known as Lot No. 31
in the Final Subdivision Plan of Turnberry, Phase III, as recorded in the
Recorder's Office of Cumberland County, Pennsylvania in Plan Book Volume 67,
Page 29.
BEING designated as Tax Parcel No. 10-16-10610-181 in the Deed Registry Office
of Cumberland County, Pennsylvania.
BEING the same premises which Alan H. Herman and Deborah K. Herman, husband and
wife, by deed dated July 8, 2005 and recorded July 18, 2005 in the Recorder's
Office of Cumberland County, Pennsylvania in Deed Book Volume 269, Page 4762,
granted and conveyed unto Thomas M. Wallace.
BEING THE SAME PREMISES VESTED IN Dennis J. Shatto the Administrator/Administratrix of the
Estate of Thomas M. Wallace, Deceased by reason of the following:
AND THE SAID Thomas M. Wallace being so seized thereof, departed this life on 05/17/07, testate,
leaving to survive the following heir(s) at law:
Dennis J. Shatto - Addr: 828 Limekilo Road, New Cumberland, PA 17070
AND Letters of Administration on the Estate of Thomas M. Wallace aforesaid were duly granted
unto Dennis J. Shatto by the Register of Wills of Cumberland County, Pennsylvania on 06/01107 at
Estate Docket #21-07-540.
PREMISES BEING: 1421 SILVER CREEK, MECHANICSBURG, PA 17050-8322
PARCEL NO. 10-16-1060-181
r CHASE HOME FINANCE, LLC
Plaintiff,
V.
ESTATE OF THOMAS M. WALLACE,
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE,
WAYNE LOGUE, TRUSTEE OF THE
ESTATE OF THOMAS M. WALLACE,
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE,
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE and
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-6756 CIVIL TERM
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
CHASE HOME FINANCE, LLC, Plaintiff in the above action, by its attorney, DANIEL G.
SCHMIEG, 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 ,1421 SILVER CREEK,
MECHANICSBURG, PA 17050-8322.
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
DENNIS J. SHATTO, EXECUTOR OF 828 LIMEKILN ROAD
THE ESTATE OF THOMAS M. NEW CUMBERLAND, PA 17070
WALLACE
WAYNE LOGUE, TRUSTEE OF THE
ESTATE OF THOMAS M. WALLACE
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
HALEY N. WALLACE, DEVISEE OF
THE ESTATE OF THOMAS M.
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
WALLACE
ANDREA E. WALLACE, DEVISEE OF
THE ESTATE OF THOMAS M.
WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
NATHAN A. WALLACE, DEVISEE OF
THE ESTATE OF THOMAS M.
WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
2. Name and address of Defendant(s) in the judgment:
Same as above
r 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Bureau of Compliance Dept. 280946
Harrisburg, PA 17128-0946
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)
Mers as nominee for Freedom
Mortgage Corporation
Mers as nominee for Freedom
Mortgage Corporation
Mers as nominee for Freedom
Mortgage Corporation
P.O. Box 2026
Flint, MI 48501-2026
10500 Kincaid Drive, Suite 300
Fishers, IN 46037
3300 SW 34th Ave, Suite 101
Ocala, FL 34474
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
1421 SILVER CREEK
MECHANICSBURG, PA 17050-8322
Domestic Relations of Cumberland County 13 North Hanover Street
Commonwealth of Pennsylvania
Department of Welfare
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Internal Revenue Service
Federated Investors Tower
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
6th Floor, Strawberry Sq., Dept. 28061
Harrisburg, PA 17128
13th Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
P.O. Box 8486
Willow Oak Building
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 unworn falsification to authorities.
June 24, 2008 ,
DATE DANIEL G. SCHMIEG, ES
Attorney for Plaintiff
r-- ( - )
v
-t
PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
CHASE HOME FINANCE, LLC
Plaintiff,
V.
ESTATE OF THOMAS M. WALLACE,
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE,
WAYNE LOGUE, TRUSTEE OF THE
ESTATE OF THOMAS M. WALLACE,
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE,
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE and
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-6756 CIVIL TERM
CERTIFICATION
DANIEL G. SCHMIEG, 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:
() an FHA mortgage
( ) non-owner occupied
( ) vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn
falsification to authorities.
?. ScP Am . Q/2
DANIEL G. SCHMIEG, ESQUI
Attorney for Plaintiff
? ??,
f--. _
c_?
__ C-J
.....{
! - ,-?'
??Mf
.. .,.
A>'_
' '-?
?.n
... ^`Y?
1
V
1 $
CHASE HOME FINANCE, LLC
Plaintiff,
V.
ESTATE OF THOMAS M. WALLACE,
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE,
WAYNE LOGUE, TRUSTEE OF THE
ESTATE OF THOMAS M. WALLACE,
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE,
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE and
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Defendant(s).
CUMBERLAND COUNTY
No. 07-6756 CIVIL TERM
June 26, 2008
TO: ESTATE OF THOMAS M. WALLACE,
DENNIS J. SHATTO, EXECUTOR OF
THE ESTATE OF THOMAS M.
WALLACE
828 LIMEKILN ROAD
NEW CUMBERLAND, PA 17070
HALEY N. WALLACE, DEVISEE OF
THE ESTATE OF THOMAS M.
WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
WAYNE LOGUE, TRUSTEE OF THE
ESTATE OF THOMAS M. WALLACE
342 NORTH FRTON STREET
WORMLEYSBURG, PA 17043
NICKOLA WALLACE, GUARDIAN AD
LITEM FOR ANDREA E. WALLACE,
DEVISEE OF THE ESTATE OF
THOMAS M. WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
NATHAN A. WALLACE, DEVISEE OF
THE ESTATE OF THOMAS M.
WALLACE
94 NORTH OLD STONE HOUSE RO
CARLISLE, PA 17013
"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
ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * *
U
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
Your house (real estate) at, 1421 SILVER CREEK, MECHANICSBURG, PA 17050-8322, is
scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland
County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of
$322,992.66 obtained by CHASE HOME FINANCE, LLC (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.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
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.
If
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
LEGAL DESCRIPTION
All that certain lot or piece of ground situate in the Township of Hampden,
County of Cumberland and Commonwealth of Pennsylvania, being known as Lot No. 31
in the Final Subdivision Plan of Turnberry, Phase III, as recorded in the
Recorder's Office of Cumberland County, Pennsylvania in Plan Book Volume 67,
Page 29.
BEING designated as Tax Parcel No. 10-16-10610-181 in the Deed Registry Office
of Cumberland County, Pennsylvania.
BEING the same premises which Alan H. Herman and Deborah K. Herman, husband and
wife, by deed dated July 8, 2005 and recorded July 18, 2005 in the Recorder's
Office of Cumberland County, Pennsylvania in Deed Book Volume 269, Page 4762,
granted and conveyed unto Thomas M. Wallace.
BEING THE SAME PREMISES VESTED IN Dennis J. Shatto the Administrator/Administratrix of the
Estate of Thomas M. Wallace, Deceased by reason of the following:
AND THE SAID Thomas M. Wallace being so seized thereof, departed this life on 05/17/07, testate,
leaving to survive the following heir(s) at law:
Dennis J. Shatto - Addr: 828 Limekilo Road, New Cumberland, PA 17070
AND Letters of Administration on the Estate of Thomas M. Wallace aforesaid were duly granted
unto Dennis J. Shatto by the Register of Wills of Cumberland County, Pennsylvania on 06/01/07 at
Estate Docket #21-07-540.
PREMISES BEING: 1421 SILVER CREEK, MECHANICSBURG, PA 17050-8322
PARCEL NO. 10-16-1060-181
v
CHASE HOME FINANCE, LLC
Plaintiff,
V.
ESTATE OF THOMAS M. WALLACE,
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE,
WAYNE LOGUE, TRUSTEE OF THE
ESTATE OF THOMAS M. WALLACE,
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE,
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE and
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Defendant(s).
CUMBERLAND COUNTY
No. 07-6756 CIVIL TERM
June 26, 2008
TO: ESTATE OF THOMAS M. WALLACE,
DENNIS J. SHATTO, EXECUTOR OF
THE ESTATE OF THOMAS M.
WALLACE
828 LIMEKILN ROAD
NEW CUMBERLAND, PA 17070
HALEY N. WALLACE, DEVISEE OF
THE ESTATE OF THOMAS M.
WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
WAYNE LOGUE, TRUSTEE OF THE
ESTATE OF THOMAS M. WALLACE
342 NORTH FRTON STREET
WORMLEYSBURG, PA 17043
NICKOLA WALLACE, GUARDIAN AD
LITEM FOR ANDREA E. WALLACE,
DEVISEE OF THE ESTATE OF
THOMAS M. WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
NATHAN A. WALLACE, DEVISEE OF
THE ESTATE OF THOMAS M.
WALLACE
94 NORTH OLD STONE HOUSE RO
CARLISLE, PA 17013
"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
BANKRUPTCYAND 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. * *
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
Your house (real estate) at, 1421 SILVER CREEK, MECHANICSBURG, PA 17050-8322, is
scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland
County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of
$322,992.66 obtained by CHASE HOME FINANCE, LLC (the mortgagee) against you. In the event
the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule
3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
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.
i
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
f
LEGAL DESCRIPTION
All that certain lot or piece of ground situate in the Township of Hampden,
County of Cumberland and Commonwealth of Pennsylvania, being known as Lot No. 31
in the Final Subdivision Plan of Turnberry, Phase III, as recorded in the
Recorder's Office of Cumberland County, Pennsylvania in Plan Book Volume 67,
Page 29.
BEING designated as Tax Parcel No. 10-16-10610-181 in the Deed Registry Office
of Cumberland County, Pennsylvania.
BEING the same premises which Alan H. Herman and Deborah K. Herman, husband and
wife, by deed dated July 8, 2005 and recorded July 18, 2005 in the Recorder's
Office of Cumberland County, Pennsylvania in Deed Book Volume 269, Page 4762,
granted and conveyed unto Thomas M. Wallace.
BEING THE SAME PREMISES VESTED IN Dennis J. Shatto the Administrator/Administratrix of the
Estate of Thomas M. Wallace, Deceased by reason of the following:
AND THE SAID Thomas M. Wallace being so seized thereof, departed this life on 05/17/07, testate,
leaving to survive the following heir(s) at law:
Dennis J. Shatto - Addr: 828 Limekilo Road, New Cumberland, PA 17070
AND Letters of Administration on the Estate of Thomas M. Wallace aforesaid were duly granted
unto Dennis J. Shatto by the Register of Wills of Cumberland County, Pennsylvania on 06/01/07 at
Estate Docket #21-07-540.
PREMISES BEING: 1421 SILVER CREEK, MECHANICSBURG, PA 17050-8322
PARCEL NO. 10-16-1060-181
0
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-6756 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CHASE HOME FINANCE, LLC., Plaintiff (s)
From ESTATE OF THOMAS M. WALLACE, DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE, WAYNE LOGUE, TRUSTEE OF THE ESTATE OF
THOMAS M. WALLACE, HALEY N. WALLACE, DEVISEE AF THE ESTATE OF THOMAS M.
WALLACE, NATHAN A. WALLACE, DEVISEE OF THE ESTATE OF THOMAS M. WALLACE
AND ANDREA E. WALLACE, DEVISEE OF THE ESTATE OF THOMAS M. WALLACE,
(1) 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) 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 him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $322,992.66
L.L.$ 0.50
Interest from 6/04/08 - 12/10/08 (per diem - $53.09) -- $10,087.10 and Costs
Atty's Comm %
Atty Paid $381.35
Plaintiff Paid
Date: 6/27/08
(Seal)
REQUESTING PARTY:
Name: DANIEL G. SCHMIEG, ESQUIRE
Address: PHELAN HALLINAN & SCHMIEG, LLP
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Due Prothy $2.00
Other Costs $3,760.45
rothonota
By:
Deputy
Telephone: 215-563-7000
Supreme Court ID No. 62205
AFFIDAVIT OF SERVICE
PLAINTIFF CHASE HOME FINANCE, LLC
DEFENDANT(S) ESTATE OF THOMAS M.
WALLACE, DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE, WAYNE LOGUE,
TRUSTEE OF THE ESTATE OF THOMAS M. WALLACE,
HALEY N. WALLACE, DEVISEE OF THE ESTATE OF
THOMAS M. WALLACE, NATHAN A. WALLACE,
DEVISEE OF THE ESTATE OF THOMAS M. WALLACE
and ANDREA E. WALLACE, DEVISEE OF THE ESTATE
OF THOMAS M. WALLACE
SERVE NATHAN A. WALLACE, DEVISEE OF THE ESTATE OF
THOMAS M. WALLACE AT:
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
CUMBERLAND COUNTY
No. 07-6756 CIVIL TERM
ACCT. #161057
Type of Action
- Notice of Sheriffs Sale
Sale Date: DECEMBER 10, 2008
SERVED _Ii2
Served and made known to 14 k I We- C 4k GLaa) , Defendant, on the ?- day of w
,2004?, at : 0, 5'- _E.m., at Q4 Nprf(.? Old LNG FJr9?n? go,, d Cp r 1,`S it ip 6 1 -w 1 3
r
, Commonwealth of Pennsylvania, in the manner described below:
Defendant personally served.
X Adult family member with whom Defendant(s) reside(s). Name and Relationship is MAAWr d.4e, !V .Gkol9
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 Se- Height S ?5 Weight 110 Race W Sex F Other
I, la beran6 C• "ot , 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 is 14f day
of 3 U, 200
Notary:
NOTARIAL SEAL
THOMAS P. STRAIN, Notary Public
City of Philadelphia, Phila. County
Commission Expires February Al, 2010
By: -
T LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE
I ATTEMPTED.
NOT SERVED
200_, at o'clock _.m., Defendant NOT FOUND because:
Moved Unknown No Answer
1St Attempt: Time:
3rd Attempt: Time:
Sworn to and subscribed
before me this day
of 1200_.
Notary: By:
Vacant
2nd Attempt: Time:
Attorney for Plaintiff
DANIEL G. SCHMIEG, Esquire - I.D. No. 62205
One Penn Center at Suburban Station, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
ri,an aazannn
tut? I(are .
c?'?
-?., '-
,
rs
?:;? a
-Wa -,?
??
c= - i"4
;?;-
? ??
?^
=i
£ .) 1 }
4
...-,?
PLAINTIFF CHASE HOME FINANCE, LLC
DEFENDANT(S) ESTATE OF THOMAS M.
WALLACE, DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE, WAYNE LOGUE,
TRUSTEE OF THE ESTATE OF THOMAS M. WALLACE,
HALEY N. WALLACE, DEVISEE OF THE ESTATE OF
THOMAS M. WALLACE, NATHAN A. WALLACE,
DEVISEE OF THE ESTATE OF THOMAS M. WALLACE
and ANDREA E. WALLACE, DEVISEE OF THE ESTATE
OF THOMAS M. WALLACE
SERVE NICKOLA WALLACE, GUARDIAN AD LITEM FOR
ANDREA E. WALLACE, DEVISEE OF THE ESTATE OF
THOMAS M. WALLACE AT:
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
CUMBERLAND COUNTY
No. 07-6756 CIVIL TERM
ACCT. #161067
Type of Action
- Notice of Sheriffs Sale
Sale Date: DECEMBER 10, 2008
SERVED
Served and made known to O;C'k.61n WolIa[K okat? , Defendant, on the 1' 4 , day of
12001, at :DS , o'clock e.m., at q4 0014411 Ok) shk a 401A c A0.j ca, k., /r? t9f- r70 13
i
, Commonwealth of Pennsylvania, in the manner described below:
Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Name and 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 5?- Height_- Weight _f?- Race La Sex F Other
1, Ca", bnn4 (. NJLer , a competent adult, being duly sworn according to law, depose and state that I
personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the
captioned case on the date and at the address indicated above.
Sworn to and subscribed
before e t is_ day
Of 1200T Notary, By:
Col?j?t?t?S1 A? AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE
:NOTARIAL SEAL ATTEMPTED.
THOMA. STRAIN, Notary Public NOT SERVED
City of ladelphia, PhilaCounty My Commion Expires February 2010
ay o 200at o'clock _.m., Defendant NOT FOUND because:
the - Moved Unknown No Answer
1st Attempt: / / Time:
Vacant
2nd Attempt: Time:
3rd Attempt: Time:
Sworn to and subscribed
before me this day
of , 200_.
Notary: By:
Attorney for Plaintiff
DANIEL G. SCHMIEG, Esquire - I.D. No. 62205
One Penn Center at Suburban Station, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
17491 call_7nnn
`
Ti
_? (_ wa
AFFIDAVIT OF SERVICE
PLAINTIFF CHASE HOME FINANCE, LLC
DEFENDANT(S) ESTATE OF THOMAS M.
WALLACE, DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE, WAYNE LOGUE,
TRUSTEE OF THE ESTATE OF THOMAS M. WALLACE,
HALEY N. WALLACE, DEVISEE OF THE ESTATE OF
THOMAS M. WALLACE, NATHAN A. WALLACE,
DEVISEE OF THE ESTATE OF THOMAS M. WALLACE
and ANDREA E. WALLACE, DEVISEE OF THE ESTATE
OF THOMAS M. WALLACE
SERVE DENNIS J. SHATTO, EXECUTOR OF THE ESTATE OF
THOMAS M. WALLACE AT:
828 LIMEKILN ROAD
NEW CUMBERLAND, PA 17070
CUMBERLAND COUNTY
No. 07-6756 CIVIL TERM
ACCT. #161057
Type of Action
- Notice of Sheriffs Sale
Sale Date: DECEMBER 10, 2008
SERVED ,tti
Served and made known to f )e nvi S J • 56.-44-a ? F 6z , Defendant, on the f y day of Ju 1
, 200 b at 9.10 , o'clockE.m., at ''2$ L;.-ne k-_ln Qaa d uew P?- T707 O
i
, Commonwealth of Pennsylvania, in the manner described below:
Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Name and Relationship is of a u y h? o., a _. SG e-a b S k a 14 c, -
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 23L, Height S ? Weight 1SI)t Race W Sex I- Other
I, ?p We _hej3nj`_ C • 40
e_i' , a competent adult, being duly sworn according to law, depose and state that I
personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the
captioned case on the date and at the address indicated above.
Sworn to and subscribed
befor this _11?(_ day
of 200f:
Notary 7L&2___ 2___ By; ? .
CO1ot7wEiNWEACrN?F ERVIC VA?i A LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE
NOTARIAL SEAL ATTEMPTED.
THOMAS P. STRAIN, Notary Public NOT SERVED
City of Philadelphia, Phila. County
On MY Commissi n E ires Fek,, :,ary 4, 2010 200_, at o'clock _.m., Defendant NOT FOUND because:
Moved Unknown No Answer
15` Attempt: Time:
3rd Attempt: Time:
Sworn to and subscribed
before me this day
of 200_.
Notary: By:
Vacant
2nd Attempt: Time:
Attorney for Plaintiff
DANIEL G. SCHMIEG, Esquire - I.D. No. 62205
One Penn Center at Suburban Station, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
rqurn sazannn
??
C? c?
i?7
L ? ? 'Tl
:'i ?
? ??
?
"'!'3
,.
? y"IY
AFFIDAVIT OF SERVICE
PLAINTIFF CHASE HOME FINANCE, LLC
r,
DEFENDANT(S) ESTATE OF THOMAS M.
W "WALLACE, DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE, WAYNE LOGUE,
TRUSTEE OF THE ESTATE OF THOMAS M. WALLACE,
HALEY N. WALLACE, DEVISEE OF THE ESTATE OF
THOMAS M. WALLACE, NATHAN A. WALLACE,
DEVISEE OF THE ESTATE OF THOMAS M. WALLACE
and ANDREA E. WALLACE, DEVISEE OF THE ESTATE
OF THOMAS M. WALLACE
SERVE HALEY N. WALLACE, DEVISEE OF THE ESTATE OF
THOMAS M. WALLACE AT:
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
CUMBERLAND COUNTY
No. 07-6756 CIVIL TERM
ACCT. #161057
Type of Action
- Notice of Sheriff's Sale
Sale Date: DECEMBER 10, 2008
SERVED 4-11
Served and made known to 44Lea k). " II nct (i4m_ aL,,) , Defendant, on the day of Si)/
, 2007, at q'0S . o'clockE.m., at q4 A9v'+L, Old 90Kt HO,.)Se_ QDaa/ C1*11-'S/c PA 17,o13
t i
, Commonwealth of Pennsylvania, in the manner described below:
X Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Name and 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 s Weight 126t Race lu _ Sex __F_ Other -51
1, CGZhbas?r+? ?xv?n"? ?- ?t , 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.
Swom to and subscribed
before me is I` day
of, 200:
Notary By: b. Jil---
114-1-
PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE
COMMONWEALTH OF PENNSYLVANIA ATTEMPTED.
NOTARIAL SEAL
THOMAS P. STRAIN, Notary Public NOT SERVED
City of Philadelphia, Phila. County
[',,e = reS February 4, 2010 210
On th
_, at o'clock _.m., Defendant NOT FOUND because:
Moved Unknown No Answer
lsr Attempt: / / Time:
Vacant
2"d Attempt: Time:
3rd Attempt: Time:
Sworn to and subscribed
before me this day
of 1200-.
Notary: By:
Attorney for Plaintiff
DANIEL G. SCHMIEG, Esquire - I.D. No. 62205
One Penn Center at Suburban Station, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
17141 -"1-7nnn
c')
C-.
1
„i
f?7
l .}
-Tl
-fY T ?
1"i "Z jam;
-.acr
:17
1.
AFFIDAVIT OF SERVICE
PLAINTIFF CHASE HOME FINANCE, LLC
DEFENDANT(S) ESTATE OF THOMAS M.
WALLACE, DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE, WAYNE LOGUE,
TRUSTEE OF THE ESTATE OF THOMAS M. WALLACE,
HALEY N. WALLACE, DEVISEE OF THE ESTATE OF
THOMAS M. WALLACE, NATHAN A. WALLACE,
DEVISEE OF THE ESTATE OF THOMAS M. WALLACE
and ANDREA E. WALLACE, DEVISEE OF THE ESTATE
OF THOMAS M. WALLACE
SERVE WAYNE LOGUE, TRUSTEE OF THE ESTATE OF
THOMAS M. WALLACE AT:
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
CUMBERLAND COUNTY
No. 07-6756 CIVIL TERM
ACCT. #161067
Type of Action
- Notice of Sheriff's Sale
Sale Date: DECEMBER 10, 2008
SE VED !!,
Served and made known to 10 a,,,,neL 1? "; +kc CL, , Defendant, on the day of
, 2007, at 15 , o'clock J.m., at Q.O.Q. ; 342 Qacl-? Fro,+ Ske c,4 C;Jcr rho 1751) ??5 P rr '-7013
r ,
, Commonwealth of Pennsylvania, in the manner described below:
Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Name and 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).
.X Agent or person in charge of Defendant(s)'s office or usual place of business, ohe L?h.1
?mwn
an officer of said Defendant(s)'s company.
Other:
Description: Age 5S? Height 5 5 Weight 1 Q Race W Sex F Other
I, (\bhsw. l?nn S (• 1-{ )wz , 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 subsc ed
befor a this
of , 200_.
No By:
PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE
COMMONWEALTH OF PcNNSyLYAWA ATTEMPTED.
NOTARIAL SEAL NOT SERVED
THOMAS P. STRAIN, Nolary Public
phl adelphia, Phil 0a. County
ity
4 2 1?0 , at o'clock _.m., Defendant NOT FOUND because:
On the ---
Moved Unknown No Answer
1s` Attempt: Time:
3rd Attempt: Time:
Sworn to and subscribed
before me this day
of 200.
Notary: By:
Vacant
2nd Attempt: Time:
Attorney for Plaintiff
DANIEL G. SCHMIEG, Esquire - I.D. No. 62205
One Penn Center at Suburban Station, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
197R1RRi-7nnn
AFFIDAVIT OF SERVICE
PLAINTIFF DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR MORGAN
STANLEY DaS REAL ESTATE CAPITAL
TRUST 2006,1
DEFENDANT(S) GREGORY A. PONDER
LORI A. PONDER, AJK/A LORI ANN
PONDER
SERVE LORI A. PONDER, AIKJA LORI ANN PONDER AT:
140 LANCASTER BOULEVARD
MECHANICSBURG, PA 17055
SERVED
CUMBERLAND COUNTY
No. 08-1007 CIVIL TERM
ACCT. #163643
Type of Action
- Notice of Sheriffs Sale
Sale Date: DECEMBER 10, 2008
Served and made known to L1 R I d . N NDE R , Defendant, on the 2-64t, day of TU t y
, 200 , at 5? 1 O , o' clock p.m., at 140 4wcwu bu tagi D , 1Qrr-y-q?," j9u p&
, Commonwealth of Pennsylvania, in the manner described below:
k/ Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Name and 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 (70 Race W Sex F Other
I, Kbl? ? J4?(o (-- , 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.
IN gandsubs d
d
'By: 4?4? *114-U
AST 3 TIMES. INDICATE DATES & TIMES OF SERVICE
SERVICE AT LE
State of Now Jersey ATTEMPTED.
PATRICIA E. HARRIS
Commis oh Expires June 16, 2M NOT SERVED
On the day of
200, at
o'clock _.m., Defendant NOT FOUND because:
Moved Unknown No Answer
1st Attempt: J ! Time:
3rd Attempt: Time:
Sworn to and subscribed
before me this day
of , 200_.
Notary:
Vacant
2nd Attempt: Time:
Attorney for Plaintiff
DANIEL G. SCHMIEG, Esquire - I.D. No. 62205
One Penn Center at Suburban Station, Suite 1400
By: 1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
AFFIDAVIT OF SERVICE
PLAINTIFF DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR MORGAN
STANLEY IRIS REAL ESTATE CAPITAL
TRUST 2006,1
DEFENDANT(S) GREGORY A. PONDER
LORI A. PONDER, A/K/A LORI ANN
PONDER
SERVE GREGORY A. PONDER AT:
211 RENO AVENUE, APT 1
NEW CUMBERLAND, PA 17070
CUMBERLAND COUNTY
No. 08-1007 CIVIL TERM
ACCT. #163643
Type of Action
- Notice of Sheriffs Sale
Sale Date: DECEMBER 10, 2008
SERVED
Served and made known to t?1(£GdR1? /PAD N WX , Defendant, on the day of (?(C 1200S,
at ;1 , o'clock ?.m., at a ?? RED A?ffl",er I, /VFW (2(4946F.AL4" V ,, Commonwealth
of Pennsylvania, in the manner described below:
? Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Name and 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:
It
Description: AgeS Height Weight 2;L5 Race W Sex /" Other
I, Rb Notp 1U0 L-(_ , 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
ATTEMPT SERVI E AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED.
Nltary Public NOT SERVED
State of New Jersey
PATRICIA E. HARRIS
iaai0nExpi0&S1fna lg, 2b19 200, at o'clock _.m., Defendant NOT FOUND because:
Moved Unknown No Answer Vacant
1St Attempt: Time: 2nd Attempt: Time:
3rd Attempt: 1 ! Time:
Sworn to and subscribed Attorney for Plaintiff
before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205
of 200. One Penn Center at Suburban Station, Suite 1400
Notary: By: 1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
0 137
?'_ t' _ -:ry TT7
(
a
p
crt
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
CHASE HOME FINANCE LLC
Plaintiff
V.
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE
WAYNE LOGUE, TRUSTEE OF THE ESTATNE
OF THOMAS M. WALLACE
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Defendants
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 07-6756 CIVIL TERM
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the
Prothonotary to amend the judgment in this matter, and in support thereof avers the following:
1. Plaintiff commenced this foreclosure action by filing a Complaint on November 7,
2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit
«A",
2. Judgment was entered on June 6, 2008 in the amount of $322,992.66. A true and
correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as
Exhibit "B".
3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment
containing a dollar amount must be entered for the amount claimed in the complaint and any item
which can be calculated from the complaint, i.e. bringing the interest current. However, new items
cannot be added at the time of entry of the judgment.
4. The Property is listed for Sheriffs Sale on December 10, 2008.
5. Additional sums have been incurred or expended on Defendants' behalf since the
Complaint was filed and Defendants have been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance $295,017.66
Interest Through December 10, 2008 $36,158.47
Per Diem $58.60
Late Charges $1,514.40
Legal fees $1,950.00
Cost of Suit and Title $2,035.95
Sheriffs Sale Costs $0.00
Property Inspections/ Property Preservation $0.00
Appraisal/Brokers Price Opinion $0.00
Mortgage Insurance Premium / $0.00
Private Mortgage Insurance
Non Sufficient Funds Charge $0.00
Suspense/Misc. Credits ($0.00)
Escrow Deficit $4,598.86
TOTAL
$341,275.34
6. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to
inclusion of the figures set forth above in the amount of judgment against the Defendants.
8. Plaintiff's foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiff's attached brief.
9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of
its proposed Motion to Reassess Damages and Order to the Defendants on October 7, 2008 and
requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants.
A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of
mailing are attached hereto, made part hereof, and marked as Exhibit "C".
10. No judge has previously entered a ruling in this case.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
llin & Schmieg, LLP
DATE: , By:
Michele . Bra ord, Esquire
Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
CHASE HOME FINANCE LLC
Plaintiff
V.
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE
WAYNE LOGUE, TRUSTEE OF THE ESTATNE
OF THOMAS M. WALLACE
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Defendants
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 07-6756 CIVIL TERM
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
THOMAS M. WALLACE executed a Promissory Note agreeing to pay principal, interest,
late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as
these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at
1421 SILVER CREEK, MECHANICSBURG, PA 17050. The Mortgage indicates that in the
event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes,
insurance, and other items, in order to protect the security of the Mortgage.
In the instant case, there was a default under the Mortgage by failing to tender numerous,
promised monthly mortgage payments. Accordingly, after it was clear that the default would not be
cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently
entered by the Court, and the Property is currently scheduled for Sheriffs Sale.
Because of the excessive period of time between the initiation of the mortgage foreclosure
action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are
outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give Defendants credit for monthly
payments tendered through bankruptcy, if any.
II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
It is settled law in Pennsylvania that the Court may exercise its equitable powers to control
the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E.,
Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase
Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The
Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its
judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489
(Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998).
Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445
Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact,
can be expected to change from day to day because the bank must advance sums in order to protect
its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must
protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d
826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment, and if there is competitive bidding for the Property,
Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to
protect its interests. Conversely, amending the in rem judgment will not be detrimental to
Defendants as it imputes no personal liability.
In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that
a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa.
Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not
adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender
payments during the foreclosure proceeding and the advances made by the mortgage company. The
Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal
and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors
are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance
premiums, fire insurance premiums, taxes and other assessments relating to the Property. The terms
of the Mortgage were breached, and Plaintiff has been forced to incur significant unjust financial
losses on this loan.
III. THE FORECLOSURE JUDGMENT IS IN REM ONLY
The within case is a mortgage foreclosure action, the sole purpose of which is to take the
mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage
foreclosure is strictly in rem and does not include any personal liability. Newtown Village
Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer
Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania
Rule of Civil Procedure 1141(a).
However, Pennsylvania law requires that the foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for
bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the
mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would
receive the amount of the in rem judgment from the Sheriff.
IV. INTEREST
The Mortgage clearly requires that the borrower shall promptly pay when due the principal
and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be
charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior
to the date of default through the date of the impending Sheriff's sale has been requested.
V. TAXES AND INSURANCE
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure
proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale,
Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the
outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be
able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums.
Most importantly, the Mortgage specifically provides that the mortgagee may advance the
monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is
simply seeking to have the Court enforce the terms of the Mortgage.
VI. ATTORNEY'S FEES
The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance
with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly
concluded that a request of five percent of the outstanding principal balance is reasonable and
enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings an
d
Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super.
1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent
included in the judgment in mortgage foreclosure action was reasonable. Citicom v. Morrisville
Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable
Court's equitable authority to set attorney's fees and costs as it deems reasonable.
VII. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE: ?Q
Talli an Schmieg, LLP
By:
Michele M. Bradfor , Esquire
Attorney for Plaintiff
Exhibit "A"
-
-4 -p F ; ;
PHELAN HALLINAN & SCHMIEG, LLP -?
LAWRENCE T. PHELAN, ESQ., Id. No. 32227 rv K
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
DANIEL G. SCHMIEG, ESQ., Id. No. 62205
ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF
PHILADELPHIA, PA 19103
(215) 563-7000 161057
CHASE HOME FINANCE LLC COURT OF COMMON PLEAS
3415 VISION DRIVE
COLUMBUS, OH 43219 CIVIL DIVISION
Plaintiff TERM
V.
NO. 07-(o17!56
i?fi lur'+
CUMBERLAND COUNTY
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF
THE ESTATE OF THOMAS M. WALLACE
828 LIMEKILN ROAD
NEW CUMBERLAND, PA 17070
WAYNE LOGUE, TRUSTEE
OF THE ESTATE OF THOMAS M. WALLACE
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
HALEY N. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE
1421 SILVER CREEK
MECHANICSBURG, PA 17050 he cartu tha
We to be at rue and
Wtth? ct copy of the rd
ATTORW FILE COPY' Corr c #i?ed of recd
PLEASE RETURN ofl
File #; 161057
NATHAN A. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
1421 SILVER CREEK DRIVE
MECHANICSBURG, PA 17050
ANDREA E. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
Defendants
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 161057
NOTICE
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, 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.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
File #: 161057
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
File #: 161057
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.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A
DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT
A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON
REAL ESTATE.
File #: 161057
Plaintiff is
CHASE HOME FINANCE LLC
3415 VISION DRIVE
COLUMBUS, OH 43219
The name(s) and last known address(es) of the Defendant(s) are:
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF
THE ESTATE OF THOMAS M. WALLACE
828 LIMEKILN ROAD
NEW CUMBERLAND, PA 17070
WAYNE LOGUE, TRUSTEE
OF THE ESTATE OF THOMAS M. WALLACE
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
HALEY N. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE
1421 SILVER CREEK
MECHANICSBURG, PA 17050
NATHAN A. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
1421 SILVER CREEK DRIVE
MECHANICSBURG, PA 17050
ANDREA E. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
who are the real owner(s) of the property hereinafter described.
File N: 161057
3. On 11/14/2006 THOMAS M. WALLACE made, executed, and delivered a mortgage
upon the premises hereinafter described to MORTGAGE ELECRONIC
REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR FREEDOM MORTGAGE
CORPORATION which mortgage is recorded in the Office of the Recorder of
CUMBERLAND County, in Book: 1974, Page: 1421. PLAINTIFF is now the legal
owner of the mortgage and is in the process of formalizing an assignment of same. The
mortgage and assignment(s), if any, are matters of public record and are incorporated
herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the
Plaintiff from its obligations to attach documents to pleadings if those documents are of
public record.
4. 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 05/01/2007 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 4: 161057
6.
The following amounts are due on the mortgage:
Principal Balance $295,017.66
Interest $12,892.00
04/01/2007 through 11/06/2007
(Per Diem $58.60)
Attorney's Fees $1,250.00
Cumulative Late Charges $302.88
11/14/2006 to 11/06/2007
Cost of Suit and Title Search 550.00
Subtotal $310,012.54
Escrow
Credit $0.00
Deficit $674.12
Subtotal 674.12
TOTAL $310,686.66
7
If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may
be less than the amount demanded based on work actually performed. The attorney's fees
requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its
right to collect attorney's fees up to 5% of the remaining principal balance in the event the
property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the
action requires additional fees in excess of the amount demanded in the Action.
Plaintiff is not seeking a judgment of personal liability (or an in person am judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
File N: 161057
9. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
10. Mortgagor THOMAS M. WALLACE, died on 05/17/07, leaving a Will dated 09/06/06,
wherein he appointed DENNIS J. SHATTO, as his Executor. Letters Testamentary were
granted to him on 06/01/07 in CUMBERLAND County. No. 2007-00539. Decedent's
surviving heir(s) at law and next-of-kin are HALEY N. WALLACE, NATHAN A.
WALLACE & ANDREA E. WALLACE.
11. Plaintiff does not hold the named Defendants DENNIS J. SHATTO, WAYNE LOGUE,
HALEY N. WALLACE, NATHAN A. WALLACE & ANDREA E. WALLACE,
personally liable on this cause of action and releases them from any personal liability.
This action is being brought to foreclosure their interest in the aforesaid real estate only.
File #: 161057
12. Defendants DENNIS J. SHATTO, WAYNE LOGUE, HALEY N. WALLACE,
NATHAN A. WALLACE & ANDREA E. WALLACE, have been named in accordance
with P.A. R.C.P. 1144 (a) (2), in order to divest the equitable interests in the premises and
have no personal liability for the debt secured by the mortgage.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum
of $310,686.66, together with interest from 11/06/2007 at the rate of $58.60 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.
PHELAN HALLINA4&&SCH , LLP
By. /s ranc>s S. Hallin `
LAWRENCE T. PHELAN, ESQUIRE
DANIEL G. SCHMIEG, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File H: 161057
LEGAL DESCRIPTION
All that certain lot or piece of ground situate in the Township of Hampden, County of
Cumberland and Commonwealth of Pennsylvania, being known as Lot No. 31 in the Final
Subdivision Plan of Turnberry, Phase III, as recorded in the Recorder's Office of Cumberland
County; Pennsylvania in Plan Book Volume 67, Page 29.
BEING designated as Tax Parcel No. 10-16-10610-181 in the Deed Registry Office of
Cumberland County, Pennsylvania.
BEING the same premises which Alan H. Herman and Deborah K. Herman, husband and wife,
by deed dated July 8, 2005 and recorded July 18, 2005 in the Recorder's Office of Cumberland
County, Pennsylvania in Deed Book Volume 269, Page 4762, granted and conveyed unto
Thomas M. Wallace.
PROPERTY BEING: 1421 SILVER CREEK DRIVE
File #: 161057
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 Plaintiff and are true and correct to the best of its
knowledge, information and belief. Furthermore, counsel intends to substitute a
verification from Plaintiff upon receipt.
The undersigned understands that this statement is made subject to the penalties
of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities.
1 Lvz?'-
Francis S. Hallinan, Esquire
Attorney for Plaintiff
DATE:
Exhibit "B"
PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
CHASE HOME FINANCE, LLC
3415 VISION DRIVE
COLUMBUS, OH 43219,_..:;
V. 4
ESTATE WALLACE,
DE , EXECUTOR OF THE ESTATE
OF- WALLACE
828 LN ROAD
NEW CUMBERLAND, PA 17070
WAYNE LOGUE, TRUSTEE OF THE
ESTATE OF THOMAS M. WALLACE
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
HALEY N. WALLACE, DEVISEE OF
THE ESTATE OF THOMAS M. WALLACE
1421 SILVER CREEK
MECHANICSBURG, PA 17050
NATHAN A. WALLACE, DEVISEETATE
OF THOMAS M. WALLACE ` ?' '{
1421 SILVER CREEK DRIV
"
MECHANICSBURG, PA:1
ANDREA E. WALLACE, DDVISEE OF THE ESTATE
OF THOMAS M. WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
CUMBERL _ r. BOUNTY
CO ON PLEAS
ON
07-6756 CIVIL TERM
• n
C
4? tz'
x:r
N
0
d
c_
C.
rn
xp
0
a
-r1
r-TI -
C{Q
-r•
oM
-•c
Defendant(s).
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 Plaintiff and against ESTATE OF THOMAS M.
WALLACE. DENNIS J. SHATTO EXECUTOR OF THE ESTATE OF THOMAS M WALLACE WAYNE
Defendant(s) for failure to file an AnswOfto Plaintiffs Complaint within 20'04s from service thereof
and for Foreclosure and Sale of thaged premises, and assess.Platntils,damages as follows:
As set forth in ComplAuft = $110 1686 66
Interest from 1 I/70;flq 6/,3/08 k: $12; 06.00
TOTAL $322,992.66
I hereby certiythat (1) the addresses of the Plaintiff and Defendant(s) shown above, and
(2) that notice has been given in accordance with Ru 7.1 py a the .
-45AMIEL . SCHMIEG, ESQU
Attorney for laintiff
DAMAG ARE HEREBY ASSESSED AS INDICATED.
DATE:
161057 PRO P THY
Exhibit "C"
PHELAN HALLINAN & SCHMIEG, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
michele.bradford@fedphe.com
Michele M. Bradford, Esquire
October 7, 2008
Representing Lenders in
Pennsylvania and New Jersey
DENNIS J. SHATTO
WAYNE LOGUE
HALEY N. WALLACE
NATHAN A. WALLACE
ANDREA E. WALLACE
1421 SILVER CREEK
MECHANICSBURG, PA 17050
RE: CHASE HOME FINANCE LLC v. ESTATE OF THOMAS M. WALLACE, DENNIS J.
SHATTO, EXECUTOR OF THE ESTATE OF THOMAS M. WALLACE, WAYNE
LOGUE, TRUSTEE OF THE ESTATNE OF THOMAS M. WALLACE, HALEY N.
WALLACE, DEVISEE OF THE ESTATE OF THOMAS M. WALLACE, NATHAN A.
WALLACE, DEVISEE OF THE ESTATE OF THOMAS M. WALLACE, AND
ANDREA E. WALLACE, DEVISEE OF THE ESTATE OF THOMAS M. WALLACE
Premises Address: 1421 SILVER CREEK MECHANICSBURG, PA 17050
CUMBERLAND County CCP, No. 07-6756 CIVIL TERM
Dear Defendants,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief that is, increasing the amount of the judgment. Please
respond to me by Monday, October 13, 2008.
Should you have further questions or concerns, please do not hesitate to contact me.
Otherwise, please be guided accordingly.
ry tru your
t is ele M. BFor Phelan Hallinan & Schmieg, LLP
Enclosure
O
O
0
a ?
W o
U ?
a?
x ?
U
Q
?a
ao
b a
6•`vU
zQ`c
ac m ?
Tc _
_
C
c
c
U ?
b ? ? Q
C V ? I
_
'b v ? CU
rG? . ? G N tC
£04613000dlZWOaI OgIlyn C W o
v o = °
$ooz Lo-L00 0 Los Lzt ooo o- PA
OZ5 1
0 $ M ` q 3
v
zo
? ? a v
_
®Nl
-i! C o •o
? ? c
..
r
, .
r? •t
T ?
? n. E
U 'Y
'O?F? o0
d
ap
aw r
p
e ????
°?v._o
?
O d a p ?? v ao
N aT?
114
-4
Q
J
Q
a da a a ? 2 o v
w
A H
?
U
pG o°o,?
N
Z ZU A O ??.eK?
0-4
a Uz 0 bo°ra
3 zw w
w
0
w
z wa a
C) xw A
o p; W > a F,, ?
V1 ???" O a
x O N a a >
O G, a
w F aw
Z ,
a U ? x
N Sa w z
? U
y
o o3 a M
?
Q w
Q ? ? ?W/ ?j O a. o
?
E z z A
B
z A A? Q 3 °
a
kn tn kn tn
z o 0 0 0
a a a a °
on
d
-- N M "t V) 110 r` 00 rn '-- F 0.
VERIFICATION
Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this
action, that she is authorized to make this verification, and that the statements made in the foregoing
Motion to Reassess Damages are true and correct to the best of her knowledge, information and
belief. The undersigned understands that this statement herein is made subject to the penalties of 18
Pa. C.S. §4904 relating to unsworn falsification to authorities.
Mh allin h mieg, LLP
. ID? j DATE: q d% By:
e M. Bradforid?-tsquire
, Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
CHASE HOME FINANCE LLC
Plaintiff
V.
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE
WAYNE LOGUE, TRUSTEE OF THE ESTATNE
OF THOMAS M. WALLACE
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Defendants
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 07-6756 CIVIL TERM
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individuals on the date indicated below.
DENNIS J. SHATTO ANDREA E. WALLACE
828 LIMEKILN ROAD 94 NORTH OLD STONE HOUSE ROAD
NEW CUMBERLAND, PA 17070 CARLISLE, PA 17013
WAYNE LOGUE
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
DATE: c 4bt
DENNIS J. SHATTO
WAYNE LOGUE
HALEY N. WALLACE
NATHAN A. WALLACE
ANDREA E. WALLACE
1421 SILVER CREEK
MECHANICSBURG, PA 17050
P al ' ieg, LLP
By:
ichele M. Bradford, E uire
Attorney for Plaintiff
`--? 'v
?
. ?
?,
.? 831.
rat ??'??
??, ?; ?
°a
_?_ - _??
''r-
.....
r' _a ;
0
OCT` 16 2008 G
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CHASE HOME FINANCE LLC
Plaintiff
V.
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE
WAYNE LOGUE, TRUSTEE OF THE ESTATNE
OF THOMAS M. WALLACE
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE -
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Defendants
RULE
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 07-6756 CIVIL TERM
AND NOW, this 1- /i day of Ocft -2008, a Rule is entered upon the Defendants
to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Damages.
4a?- OF n
Rule Returnable
Courtr ia.
BY THE OURRT
'I
J.
v
J }
OZ :01 WV 1 Z 130 saoz
AdViQN" i-L UUd 3NI 30
Michele M. Bradford, Esquire
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
TEL: (215) 563-7000
FAX: (215) 563-3459
michele.bradford@fedphe.com
? DENNIS J. SHATTO DENNIS J. SHATTO
828 LIMEKILN ROAD WAYNE LOGUE
NEW CUMBERLAND, PA 17070 HALEY N. WALLACE
NATHAN A. WALLACE
UAYNE LOGUE ANDREA E. WALLACE
342 NORTH FRONT STREET 1421 SILVER CREEK
WORMLEYSBURG, PA 17043 MECHANICSBURG, PA 17050
ANDREA E. WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
l;UP t f S /n `at t
161057
-1-- 'j -a
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
CHASE HOME FINANCE LLC
Plaintiff
V.
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE
WAYNE LOGUE, TRUSTEE OF THE ESTATNE
OF THOMAS M. WALLACE
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Defendants
No. 07-6756 CIVIL TERM
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a
Rule Return date of ly was sent to the following individual on the date -4 4? indicated below.
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
DENNIS J. SHATTO ANDREA E. WALLACE
828 LIMEKILN ROAD 94 NORTH OLD STONE HOUSE ROAD
NEW CUMBERLAND, PA 17070 CARLISLE, PA 17013
.ow, .-.
WAYNE LOGUE
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
DATE:
DENNIS J. SHATTO
WAYNE LOGUE
HALEY N. WALLACE
NATHAN A. WALLACE
ANDREA E. WALLACE
1421 SILVER CREEK
MECHANICSBURG, PA 17050
neMiche ' an f&ordieg, LLP
By:
Bra
d, squire
e
Attorney for Plaintiff
>--
C-)
r
cc:
i' ? J F r
LL C
V (U
r"
CHASE HOME FINANCE LLC
VS.
ESTATE OF THOMAS M. WALLACE,
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE
WAYNE LOGUE, TRUSTEE OF THE
ESTATE OF THOMAS M. WALLACE
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
NO. 07-6756 CIVIL TERM
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND ) SS:
I, DANIEL G. SCHMIEG, ESQUIRE attorney for CHASE HOME FINANCE LLC hereby
verify that 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: November 10, 2008
C
DICNIEL G. SCHMIEG,
Attorney for Plaintiff
s"
a
a
w
x
0
?bx
? a U
° 00
W I
o
0,
c
o?
ar
°
a0 a
c
? b
a
zd0
£ 0 4 6 4 3000 &Z W08-A 031lkq%
8002 co lflf 0 408 4Zt+0. ?? ;
° °.'
OWN $ W4 f
53A%(M A3Nlld N G OO p
Au?
® ? r
?O C y
` 0
ub dye
dS?
c ?, •° C?
E ?sti
E
a
0 1 7
c
.°- vs
E K C
E w O
N
?. U O
N ? y L
a+
a arc
.
s
P. C
?
a?
> ?
E E
d
N ? p
La F
yd N E W
?_ d y O p a
O
A C \-U 1 S y.o
?o E
O
U O
.w O
^ > o°o `o
w c r c_
J 1-4 h
2 K 0 w N
O G °
E
•L
6.
L"
>-"
O
> 110
a°i E
a
?• °' °
r
"i
00
00 ?" V
o Z 0
.00
0
? ? ¢ ?? yea
?
0. H rn
W a C C C W
> 3
o o 0
co
e 0
m
s
T3
E-.
0 c
)
0 0
0 v
U
o Lo
o a
0 a(O
0Z a?
0?
d a
°
0 ? U U- UM U
cm m M LL.
¢ = O .-a co co 0 W ai
fl J
?; N
M 00
c? 00
>-
O Pa b_
E"I
o ?-
fl-
`- 00
2 N
r O-
2 °CD
U
O U
¢ a
? o
v
W
?
z oo O ?+
O y
??
Q
a
E
O
0 LO O
EO
° 2
Er
°
W E
°w
0 a
0 W o 5, ,,
' vi
ki v -°
° 3
a
z?
a.a
w o ai
° O
3 3 m v
?
2 _ ? a) .
°
E a)
¢ v)
a
N N
° N n
C
N t
LL- _ L
L ?
CO
.a0r ~
>C Hw ?wC7 `i'? :• • o.E o, o m
u ¢ uu c _
¢
a QH ?
z?
Va?U
'D ?¢
>a oo,oo
?v E
?j r to
El c°
E'co
Ev
F.
'9
° v ?j
HP4'T'?-1
F" ?o
?"'NCG
O l? O w,,
`>Z
F" 3 v?
=
`" v a 00
k 0)
OO
00 o N
C X o 0
CC o co
C w w
°o
°
v? W
ya
??
v?
a
z?
o
O
>~
0
E.0
0
NN
: m °
Nm v)
Y
?O
v?
m ?
W
E.
d
W z
O MQ ?¢
O W O
Z
"v
W
w
Ors
Q
c?0
(1) '
CL
0
`
00
No Lo
o
0co
n
?
z AU --U U A a
x F U?o ?a c) w Ha
L ,- r ? PH
w?
Z O?U
d W
a
FQ., OZ
3
a w
a F°- L?
J
a
a
a
C7
U
a
a
0
0
0
C! ea
CIO
U w • `?
a
O `O a
a?
8^0cn
zoo
w U ?
? Q
yy
?
O
qO
5t
C?
34
d
W 0Od12 W0
8002
bZ 100 ad O-0vi 5
w l
0108 tZb0
OOt -to
..q
00
s
5?M0®
r Pt z O
"'lid
61
Nsbd
531
F
.? e a H
0 8 ?'
b N
c
'a m
LI O ? C .,, V
U = .o 2:..s
§?.
?O
> oS•o `o
w G vi 55y w
8
°
C O
O
O
? o.E.
rl •o ? o
a
rl ?
4wd o
° D
,
U
:s
d
?
a
3 ?
•
?
V C' N ? ? o
u w ? F5+ W W
c a ? ? x
o aped w
°
v. i ? u
z y
F
F c? ? ? p
w/ ° a
„
m
.a
z
d
a o >.
b
?
a N M 'IT V1 ?O [? 00 O? ? '". N cn
F fS.
s-
tt'3
:?. ? '? d.
-'
?
?'
?'1
? y
.? ?...?
??
.?
?+
t??
CHASE HOME FINANCE, LLC
Plaintiff,
V.
ESTATE OF THOMAS M. WALLACE,
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE,
WAYNE LOGUE, TRUSTEE OF THE
ESTATE OF THOMAS M. WALLACE,
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE,
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE and
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-6756 CIVIL TERM
AMENDED AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
CHASE HOME FINANCE, LLC, Plaintiff in the above action, by its attorney, DANIEL G.
SCHMIEG, 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 1421 SILVER CREEK,
MECHANICSBURG, PA 17050-8322.
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
DENNIS J. SHATTO, EXECUTOR OF 828 LIMEKILN ROAD
THE ESTATE OF THOMAS M. NEW CUMBERLAND, PA 17070
WALLACE
WAYNE LOGUE, TRUSTEE OF THE
ESTATE OF THOMAS M. WALLACE
HALEY N. WALLACE, DEVISEE OF
THE ESTATE OF THOMAS M.
WALLACE
ANDREA E. WALLACE, DEVISEE OF
THE ESTATE OF THOMAS M.
WALLACE
NATHAN A. WALLACE, DEVISEE OF
THE ESTATE OF THOMAS M.
WALLACE
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
-' property to be sold:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Bureau of Compliance Dept. 280946
Harrisburg, PA 17128-0946
Township of Hampden 44 W. Main Street
c/o Keith O. Brenneman, Esquire Mechanicsburg, PA 17055-6249
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)
Mers as nominee for Freedom
Mortgage Corporation
Mers as nominee for Freedom
Mortgage Corporation
Mers as nominee for Freedom
Mortgage Corporation
P.O. Box 2026
Flint, MI 48501-2026
10500 Kincaid Drive, Suite 300
Fishers, IN 46037
3300 SW 34th Ave, Suite 101
Ocala, FL 34474
5. Name and address of every other person who has any record lien on the property:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant 1421 SILVER CREEK
MECHANICSBURG, PA 17050-8322
Domestic Relations of Cumberland County 13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Internal Revenue Service
Federated Investors Tower
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
PO Box 2675
Harrisburg, PA 17105
6th Floor, Strawberry Sq., Dept. 28061
Harrisburg, PA 1.7128
13th Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
P.O. Box 8486
Willow Oak Building
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.
November 10, 2008 i'
DATE
?NIEL G. SCHMIEG,
Attorney for Plaintiff
?.s
z
rn
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
CHASE HOME FINANCE LLC
Plaintiff
V.
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE
WAYNE LOGUE, TRUSTEE OF THE ESTATNE
OF THOMAS M. WALLACE
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Defendants
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 07-6756 CIVIL TERM
MOTION TO MAKE RULE ABSOLUTE
CHASE HOME FINANCE LLC, by and through its attorney, Michele M. Bradford, Esquire,
hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned
action, and in support thereof avers as follows:
1. That it is the Plaintiff in this action.
2. A Motion to Reassess Damages was filed with the Court on iv Z" :
o r
3. A Rule was entered by the Court on or about /o Z < ° directing the
Defendants to show cause why the Motion to Reassess Damages should not be granted. A true
and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A".
4. The Rule to Show Cause was timely served upon all parties on , in
accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate
of Service is attached hereto, made part hereof, and marked Exhibit "B".
5. / Defendants failed to respond or otherwise plead by the Rule Returnable date of _
?7 4
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiff's Motion to Reassess Damages.
DATE:// zv ?r
By:
Phelan Hallinan & Schmieg, LLP
Michele M. Bradford, Esquire
Attorney for Plaintiff
Exhibit "A"
u
OCT' 16 2008 G
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CHASE HOME FINANCE LLC
Plaintiff
V.
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE
WAYNE LOGUE, TRUSTEE OF THE ESTATNE
OF THOMAS M. WALLACE
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE -
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Defendants
RULE
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 07-6756 CIVIL TERM
AND NOW, this 1 /'t day of 00ba --•- 2008, a Rule is entered upon the Defendants
to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Damages.
2,6 da. s 'y--
Rule Returnable on the day of ------ zvia? dL in-dm-Msin
Courtroom of the Cumberland Co *y Ge retrse;-£-ftrli46,P4mia.
0 RU
est?, p? b? b se , t here upto Sm my hant
and the stw Of ;mid COi l at UrI1618, Pa
BY THE OURT
J.
Exhibit `B"
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
d
CD
1? lT'
v
N
ATTORNEY FOR PLAI OFF
;;`ads
CHASE HOME FINANCE LLC`
Plaintiff
V.
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE
WAYNE LOGUE, TRUSTEE OF THE ESTATNE
OF THOMAS M. WALLACE
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE, DEVISEE OF T"W'
ESTATE OF THOMAS M. WALLACE
ANDREA E. WALLACE, DEVISEE Oii,44 "e .
ESTATE OF THOMAS M. WALLACE
Defendants
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 07-6756 CIVIL TERM
R
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of , Motion to Reassess Damages noting a
Rule Return date of NIX was sent-(#eollowing individual on the date
indicated below.
, Al
;ANDREA E. WALLACE
DENNIS J. SHATTO
828 LIMEKILN ROAD 94 NORTH OLD STONE HOUSE ROAD
NEW CUMBERLAND, PA 17070 CARLISLE, PA 17013
WAYNE LOGUE
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
DATE: ` 0 6%
DENNIS J. SHATTO
WAYNE LOGUE
HALEY N. WALLACE
NATHAN A. WALLACE
ANDREA E. WALLACE
1421 SILVER CREEK
MECHANICSBURG, PA 17050
By:
D.Bradqford. & ieg, LLP
Miche squire
Attorney for Plaintiff
VERIFICATION
Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this
action, that she is authorized to make this verification, and that the statements made in the
foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge,
information and belief. The undersigned understands that this statement herein is made subject
to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities.
Phelan Hallinan & Schmieg, LLP
DATE: rr z??s By:
Michele M. Bradford, Esquire
Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
CHASE HOME FINANCE LLC
Plaintiff
V.
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE
WAYNE LOGUE, TRUSTEE OF THE ESTATNE
OF THOMAS M. WALLACE
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Defendants
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 07-6756 CIVIL TERM
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute
and Brief in Support thereof were served upon the following individuals on the date indicated
below.
DENNIS J. SHATTO ANDREA E. WALLACE
828 LIMEKILN ROAD 94 NORTH OLD STONE HOUSE ROAD
NEW CUMBERLAND, PA 17070 CARLISLE, PA 17013
WAYNE LOGUE
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
DATE: i? Z1 ° -
DENNIS J. SHATTO
WAYNE LOGUE
HALEY N. WALLACE
NATHAN A. WALLACE
ANDREA E. WALLACE
1421 SILVER CREEK
MECHANICSBURG, PA 17050
Phelan Hallinan & Schmieg, LLP
By:
Michele M. Bradford, Esquire
Attorney for Plaintiff
`- ,:?
;
? `
-•? `;?i
--z
?.
c °?::
?
i°\:
'"`1
L
NOV 2 5 2008 6
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CHASE HOME FINANCE LLC
Plaintiff
V.
Court of Common Pleas
Civil Division
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE
WAYNE LOGUE, TRUSTEE OF THE ESTATNE
OF THOMAS M. WALLACE
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Defendants
CUMBERLAND County
No. 07-6756 CIVIL TERM
ORDER
AND NOW, this Z day of &k"-4! 2008, upon consideration of Plaintiff's
Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered
upon Defendants shall be and is hereby made absolute; and Plaintiff's Motion to Reassess
Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to
amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows:
Principal Balance $295,017.66
Interest Through December 10, 2008 $36,158.47
Per Diem $58.60
Late Charges $1,514.40
Legal fees $1,950.00
Cost of Suit and Title $2,035.95
Sheriffs Sale Costs $0.00
Property Inspections/ Property Preservation $0.00
Appraisal/Brokers Price Opinion $0.00
Mortgage Insurance Premium / $0.00
Private Mortgage Insurance
Non Sufficient Funds Charge $0.00
Suspense/Misc. Credits ($0.00)
Escrow Deficit $4,598.86
TOTAL $341,275.34
Plus interest from December 10, 2008 through the date of sale at six percent per annum.
Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above
figure.
BY THE COURT
_d
J.
161057
F
1?3
Ar
C?.
r
k
G
c W .? W}4 9Z A0.4 0602
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
CHASE HOME FINANCE LLC
Court of Common Pleas
Plaintiff
V.
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE
WAYNE LOGUE, TRUSTEE OF THE ESTATNE
OF THOMAS M. WALLACE
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Defendants
Civil Division
CUMBERLAND County
No. 07-6756 CIVIL TERM
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the
Prothonotary to amend the judgment in this matter, and in support thereof avers the following:
1. Plaintiff commenced this foreclosure action by filing a Complaint on November 7,
2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit
«A„
2. Judgment was entered on June 6, 2008 in the amount of $322,992.66. A true and
correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as
Exhibit "B".
3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment
containing a dollar amount must be entered for the amount claimed in the complaint and any item
which can be calculated from the complaint, i.e. bringing the interest current. However, new items
cannot be added at the time of entry of the judgment.
4. The Property is listed for Sheriffs Sale on April 1, 2009.
5. Additional sums have been incurred or expended on Defendants' behalf since the
Complaint was filed and Defendants have been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance $295,017.66
Interest Through April 1, 2009 $42,894.84
Per Diem $58.60
Late Charges $2,019.20
Legal fees $2,000.00
Cost of Suit and Title $2,035.95
Sheriffs Sale Costs $0.00
Property Inspections/ Property Preservation $280.00
Appraisal/Brokers Price Opinion $0.00
Mortgage Insurance Premium / $0.00
Private Mortgage Insurance
Non Sufficient Funds Charge $0.00
Suspense/Misc. Credits ($0.00)
Escrow Deficit $7,178.86
TOTAL $351,426.51
6. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to
inclusion of the figures set forth above in the amount of judgment against the Defendants.
8. Plaintiff s foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiff's attached brief.
9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its
proposed Motion to Reassess Damages and Order to the Defendant on February 11, 2009 and
requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants.
A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of
mailing are attached hereto, made part hereof, and marked as Exhibit "C".
10. No judge has previously entered a ruling in this case.
11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that
Judge Hess entered an order for $341,275.34 dated November 25, 2008.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
/ Phelan Hallinan & Schmieg, LLP
DATE: By:
Michele M. Bradford, Esquire
Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
CHASE HOME FINANCE LLC
Plaintiff
V.
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE
WAYNE LOGUE, TRUSTEE OF THE ESTATNE
OF THOMAS M. WALLACE
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Defendants
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 07-6756 CIVIL TERM
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
THOMAS M. WALLACE executed a Promissory Note agreeing to pay principal, interest,
late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as
these sums became due.
Plaintiffs Note was secured by a Mortgage on the Property located at 1421 SILVER CREEK
DRIVE, MECHANICSBURG, PA 17050. The Mortgage indicates that in the event a default in
the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other
items, in order to protect the security of the Mortgage.
In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous,
promised monthly mortgage payments. Accordingly, after it was clear that the default would not be
cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently
entered by the Court, and the Property is currently scheduled for Sheriffs Sale.
Because of the excessive period of time between the initiation of the mortgage foreclosure
action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are
outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give Defendants credit for monthly
payments tendered through bankruptcy, if any.
II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
It is settled law in Pennsylvania that the Court may exercise its equitable powers to control
the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E.,
Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase
Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa. Super. 1988). The
Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its
judgment prior to the Sheriffs sale.
Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co.
of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli,
407 Pa.Super. 171, 595 A.2d 179 (1991).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445
Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact,
can be expected to change from day to day because the bank must advance sums in order to protect
its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must
protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d
826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
Company v. Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment, and if there is competitive bidding for the Property,
Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to
protect its interests. Conversely, amending the in rem judgment will not be detrimental to
Defendants as it imputes no personal liability.
In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that
a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa.
Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not
adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender
payments during the foreclosure proceeding and the advances made by the mortgage company. The
Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal
and interest until the Promissory Note accompanying the Mortgage is paid in full.
The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly
mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the
Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to
incur significant unjust financial losses on this loan.
III. THE FORECLOSURE JUDGMENT IS IN REM ONLY
The within case is a mortgage foreclosure action, the sole purpose of which is to take the
mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage
foreclosure is strictly in rem and does not include any personal liability. Newtown Village
Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer
Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania
Rule of Civil Procedure 1141(a).
However, Pennsylvania law requires that the foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for
bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the
mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would
receive the amount of the in rem judgment from the Sheriff.
IV. INTEREST
The Mortgage clearly requires that the Defendants shall promptly pay when due the
principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest
to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days
prior to the date of default through the date of the impending Sheriff's sale has been requested.
V. TAXES AND INSURANCE
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure
proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale,
Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the
outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be
able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums.
Most importantly, the Mortgage specifically provides that the mortgagee may advance the
monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is
simply seeking to have the Court enforce the terms of the Mortgage.
Vl. ATTORNEY'S FEES
The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance
with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly
concluded that a request of five percent of the outstanding principal balance is reasonable and
enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and
Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super.
1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent
included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville
Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable
Court's equitable authority to set attorney's fees and costs as it deems reasonable.
VII. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE: ?-//IX`.`7
Phelan Hallinan & Schmieg, LLP
By:
Michele M. Bradford, Esquire
Attorney for Plaintiff
Exhibit "A"
.I
C
-o,
tl N
o
O
rn
rr? q
Cn,'
CC' t -rrr.-,
PHELAN HALLINAN & SCHMIEG
LLP o ~
,
LAWRENCE T. PHELAN, ESQ., Id. No. 32227 rv
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
DANIEL G. SCHMIEG, ESQ., Id. No. 62205
ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF
PHILADELPHIA, PA 19103
(215) 563-7000 161057
CHASE HOME FINANCE LLC COURT OF COMMON PLEAS
3415 VISION DRIVE
COLUMBUS, OH 43219 CIVIL DIVISION
Plaintiff TERM
V.
NO. 07- (oq!56 oii I ICI'M
CUMBERLAND COUNTY
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF
THE ESTATE OF THOMAS M. WALLACE
828 LI vMKILN ROAD
NEW CUMBERLAND, PA 17070
WAYNE LOGUE, TRUSTEE
OF THE ESTATE OF THOMAS M. WALLACE
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
HALEY N. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE
1421 SILVER CREEK
MECHANICSBURG, PA 17050 C
sod
We hereby to
whin ropy °f the td
ATTT FILE COPY ' i filed °f r?°
PLEASE RETURN °?glna
File #: 161057
NATHAN A. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
1421 SILVER CREEK DRIVE
MECHANICSBURG, PA 17050
ANDREA E. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
Defendants
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #; 161057
NOTICE
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, 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.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
File A: 161057
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
File k: 161057
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.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A
DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT
A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON
REAL ESTATE.
File #: 161057
1. Plaintiff is
CHASE HOME FINANCE LLC
3415 VISION DRIVE
COLUMBUS, OH 43219
2. The name(s) and last known address(es) of the Defendant(s) are:
ESTATE OF THOMAS A WALLACE
DENNIS J. SHATTO, EXECUTOR OF
THE ESTATE OF THOMAS M. WALLACE
828 LIMEKILN ROAD
NEW CUMBERLAND, PA 17070
WAYNE LOGUE, TRUSTEE
OF THE ESTATE OF THOMAS M. WALLACE
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
HALEY N. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE
1421 SILVER CREEK
MECHANICSBURG, PA 17050
NATHAN A. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
1421 SILVER CREEK DRIVE
MECHANICSBURG, PA 17050
ANDREA E. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M. WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
who are the real owner(s) of the property hereinafter described.
File U: 161057
3. On 11/14/2006 THOMAS M. WALLACE made, executed, and delivered a mortgage
upon the premises hereinafter described to MORTGAGE ELECRONIC
REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR FREEDOM MORTGAGE
CORPORATION which mortgage is recorded in the Office of the Recorder of
CUMBERLAND County, in Book: 1974, Page: 1421. PLAINTIFF is now the legal
owner of the mortgage and is in the process of formalizing an assignment of same. The
mortgage and assignment(s), if any, are matters of public record and are incorporated
herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the
Plaintiff from its obligations to attach documents to pleadings if those documents are of
public record.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 05/01/2007 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 N: 161057
6.
The following amounts are due on the mortgage:
Principal Balance $295,017.66
Interest $12,892.00
04/01/2007 through 11/06/2007
(Per Diem $58.60)
Attorney's Fees $1,250.00
Cumulative Late Charges $302.88
11/14/2006 to 11/06/2007
Cost of Suit and Title Search 550.00
Subtotal $310,012.54
Escrow
Credit $0.00
Deficit $674.12
Subtotal 674.12
TOTAL $310,686.66
7.
8.
If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may
be less than the amount demanded based on work actually performed. The attorney's fees
requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its
right to collect attorney's fees up to 5% of the remaining principal balance in the event the
property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the
action requires additional fees in excess of the amount demanded in the Action.
Plaintiff is not seeking a judgment of personal liability (or an in Qersonam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
File 0: 161057
9. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
10. Mortgagor THOMAS M. WALLACE, died on 05/17/07, leaving a Will dated 09/06/06,
wherein he appointed DENNIS J. SHATTO, as his Executor. Letters Testamentary were
granted to him on 06/01/07 in CUMBERLAND County. No. 2007-00539. Decedent's
surviving heir(s) at law and next-of-kin are HALEY N. WALLACE, NATHAN A.
WALLACE & ANDREA E. WALLACE.
11. Plaintiff does not hold the named Defendants DENNIS J. SHATTO, WAYNE LOGUE,
HALEY N. WALLACE, NATHAN A. WALLACE & ANDREA E. WALLACE,
personally liable on this cause of action and releases them from any personal liability.
This action is being brought to foreclosure their interest in the aforesaid real estate only.
File #: 161057
12. Defendants DENNIS J. SHATTO, WAYNE LOGUE, HALEY N. WALLACE,
NATHAN A. WALLACE & ANDREA E. WALLACE, have been named in accordance
with P.A. R.C.P. 1144 (a) (2), in order to divest the equitable interests in the premises and
have no personal liability for the debt secured by the mortgage.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum
of $310,686.66, together with interest from 11/06/2007 at the rate of $58.60 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.
PHELAN HALLINAN & SCH LLP
By: A rancis S. Halli `
LAWRENCE T. PHELAN, ESQUIRE
DANIEL G. SCHMIEG, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 161057
LEGAL DESCRIPTION
All that certain lot or piece of ground situate in the Township of Hampden, County of
Cumberland and Commonwealth of Pennsylvania, being known as Lot No. 31 in the Final
Subdivision Plan of Turnberry, Phase III, as recorded in the Recorder's Office of Cumberland
County; Pennsylvania in Plan Book Volume 67, Page 29.
BEING designated as Tax Parcel No. 10-16-10610-181 in the Deed Registry Office of
Cumberland County, Pennsylvania.
BEING the same premises which Alan H. Herman and Deborah K. Herman, husband and wife,
by deed dated July 8, 2005 and recorded July 18, 2005 in the Recorder's Office of Cumberland
County, Pennsylvania in Deed Book Volume 269, Page 4762, granted and conveyed unto
Thomas M. Wallace.
PROPERTY BEING: 1421 SILVER CREEK DRIVE
File #: 161057
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 Plaintiff and are true and correct to the best of its
knowledge, information and belief. Furthermore, counsel intends to substitute a
verification from Plaintiff upon receipt.
The undersigned understands that this statement is made subject to the penalties
of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities.
l
Francis S. Hallinan, Esquire
Attorney for Plaintiff
DATE: It /".01 1,4
Exhibit "B"
PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
CHASE HOME FINANCE, LLC
3415 VISION DRIVE
COLUMBUS, OH 43219
Plaintiff,
V.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
ESTATE OF THOMAS M. WALLACE, NO. 07-6756 CIVIL TERM
DENNIS J. SHATTO, EXECUTOR OF THE ESTATE
OF THOMAS M. WALLACE .
828 LIMEKILN ROAD
NEW CUMBERLAND, PA 17070
WAYNE LOGUE, TRUSTEE OF THE
ESTATE OF THOMAS M. WALLACE
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
HALEY N. WALLACE, DEVISEE OF
THE ESTATE OF THOMAS M. WALLACE
1421 SILVER CREEK
MECHANICSBURG, PA 17050
NATHAN A. WALLACE, DEVISEE OF THE ESTATE
OF THOMAS M. WALLACE
1421 SILVER CREEK DRIVE
MECHANICSBURG, PA 17050
ANDREA E. WALLACE, DEVISEE OF THE ESTATE
OF THOMAS M. WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
wajuu -E. ana ANDREA L. WALLACE DEVISEE OF THE ESTATE OF THOMAS 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 $310,686.66
Interest from 11/7/07 to 6/3/08 $12,306.00
TOTAL $322,992.66
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 I 7.11 p Aahe .
ANIEL SCHMIEG, ESQU
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE:
161057 PRO PROTHY
Defendant(s).
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 Plaintiff and against ESTATE OF THOMAS M.
Exhibit "C"
a
"z
,-S;-
z .?
ro
$ o
to ro
c q
ITS,
W d ?'
cg
rn =
ym?,;.s
EE
Soo 0
O y g 9 0
Ao??H?g
n9y5'
a^ ?a
n
d
B
8 H 6'
?? gb
Q 11 1 A =1 81 =1 -1 "1 =1 "I 1 -1 Nd-
x x x
5 w
oa o?d
d
a
rn a ICA
y
A rY0
O >Y'
y A ? Z
r?i ? ? Cr1
x
y O ?
M
4 k
xr ? n' r
ca ytoy
z
b
?-4 r
O C A
w ?
?posr,? _/
.. 01.5 og
FE811 13
0
00 21 g0 OM ZJp GDOE 19
Mp,?tF? FR
-
d
A y a
x lit
c?
`C p
x a a =; r
C °w Q Z
0o A ? ?
r ? n
?x
erg
Cr1 ? ? ?
? a r
Z b ? `ti
ch.
o O
? A
c a
y
r
a
0
0
b
y
aro
41-
Ir-
VERIFICATION
Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this
action, that she is authorized to make this verification, and that the statements made in the foregoing
Motion to Reassess Damages are true and correct to the best of her knowledge, information and
belief. The undersigned understands that this statement herein is made subject to the penalties of 18
Pa. C.S. §4904 relating to unsworn falsification to authorities.
DATE: 2 11't /'f
Phelan Hallinan & Schmieg, LLP
By:
Michele M. Bradford, Esquire
Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
CHASE HOME FINANCE LLC Court of Common Pleas
Plaintiff
V.
ESTATE OF THOMAS M. WALLACE
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE
WAYNE LOGUE, TRUSTEE OF THE ESTATNE
OF THOMAS M. WALLACE
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Defendants
Civil Division
CUMBERLAND County
No. 07-6756 CIVIL TERM
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individuals on the date indicated below.
DENNIS J. SHATTO ANDREA E. WALLACE
828 LIMEKILN ROAD 94 NORTH OLD STONE HOUSE ROAD
NEW CUMBERLAND, PA 17070 CARLISLE, PA 17013
WAYNE LOGUE
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
DATE: Z ` J S
DENNIS J. SHATTO
WAYNE LOGUE
HALEY N. WALLACE
NATHAN A. WALLACE
ANDREA E. WALLACE
1421 SILVER CREEK
MECHANICSBURG, PA 17050
Phelan Hallinan & Schmieg, LLP
By:
Michele'M. Bradford, Esquire
Attorney for Plaintiff
C? c?"'a i
?`"'
?
-
°- =? .,-,
~
'
?
s
s ??
? ---
? t..
s_ ? ` -ra - -?_
"
.,..._ ?
`t
FL., 2 3 2tgEV 46
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CHASE HOME FINANCE LLC Court of Common Pleas
Plaintiff
Civil Division
V.
ESTATE OF THOMAS M. WALLACE CUMBERLAND County
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE No. 07-6756 CIVIL TERM
WAYNE LOGUE, TRUSTEE OF THE ESTATNE
OF THOMAS M. WALLACE
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Defendants
RULE
AND NOW, this ;5-?v day of Jam' 2009, a Rule is entered upon the Defendants
to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Damages.
Rule Returnable on the daYof MO*404 2009, ato* aw . in the4dei%
Courtroom f the Cumberland County Courthouse, Carlisle, Pennsyhv :.
THE
J3 tiyl
. % k 1 `"" f
a
x
u
i a
ti
Michele M. Bradford, Esquire
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
TEL: (215) 563-7000
FAX: (215) 563-3459
michele.bradford@fedphe.com
/
./ DENNIS J. SHATTO
828 LIMEKILN ROAD
EW CUMBERLAND, PA 17070
WAYNE LOGUE
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
DENNIS J. SHATTO
WAYNE LOGUE
ANDREA E. WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
HALEY N. WALLACE
NATHAN A. WALLACE
ANDREA E. WALLACE
1421 SILVER CREEK DRIVE
MECHANICSBURG, PA 17050
161057
CHASE HOME FINANCE LLC
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ESTATE OF THOMAS M.
WALLACE,
DENNIS J. SHATTO, EXECUTOR
OF THE ESTATE OF THOMAS M.:
WALLACE,
WAYNE LOGUE, TRUSTEE OF
THE ESTATE OF THOMAS M.
WALLACE,
HALEY N. WALLACE, DEVISEE
OF THE ESTATE OF THOMAS M.:
WALLACE NATHAN WALLACE, :
DEVISEE OF THE ESTATE OF
THOMAS M. WALLACE,
ANDREA E. WALLACE, DEVISEE:
OF THE ESTATE OF THOMAS
WALLACE
NO. 2007 - 6756 CIVIL TERM
: CIVIL ACTION -LAW
ORDER OF COURT
AND NOW, this 26TH day of MARCH, 2009, it appearing to the court that neither
party appeared for the hearing on Plaintiff's Motion to Reassess Damages we will
reschedule it upon request of either party.
By the
E. Guido, J.
nnis Shatto
828 Limekiln Rd.
New Cumberland, Pa. 17070
Logue
North Front Street
Wormleysburg, Pa. 17043
7
• \AL
4011
ndrea E. Wallace
94 North Old Stone House Road
Carlisle, Pa. 17013
/michele M. Bradford, Esquire
17 JFK Boulevard, Suite 1400
Phila., Pa. 19103
Ad
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ISS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which FANNIE MAE is the grantee the same having been sold to said grantee on
the 1 ST day of APRIL A.D., 2009, under and by virtue of a writ Execution issued on the 27TH day of
JUNE, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number
6756, at the suit of CHASE HOME FIN LLC against THOMAS M WALLACE ESTATE is duly
recorded as Instrument Number 200911942.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this ?/ day of
A.D. ?_ 11
of Deeds
; `.,,.. _ .. t-. .:o:at iaa %ounty. Cadisle, PA
My i;4xlwii4; I C-Apuas Vw Fxsi Monday of Jan. 2010
Chase Home Finance, LLC In the Court of Common Pleas of
VS Cumberland County, Pennsylvania
Estate of Thomas M. Wallace, Dennis J. Shatto Writ No. 2007-6756 Civil Term
Executor of the Estate of Thomas M. Wallace,
Wayne Logue, Trustee of the Estate of Thomas M. Wallace,
Haley N. Wallace, Devisee of the Estate of Thomas M.
Wallace, Nathan A. Wallace, Devisee of the Estate of Thomas M.
Wallace and Andrea E. Wallace, Devisee of the Estate of
Thomas M. Wallace
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a
diligent search and inquiry for the within named defendant, to wit: Dennis J. Shatto, Executor of
the Estate of Thomas M. Wallace, but was unable to locate him in his bailiwick. He therefore
deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of
Sale and Description according to law.
York County Return: And Now, August 29, 2008 at 1730 hours served the within Real
Estate Writ, Notice of Sale and Description, in the above entitled action upon the within named
defendant, to wit: Dennis J. Shatto, Executor of the Estate of Thomas M. Wallace, by making
known unto Sarah Shatto, adult daughter of defendant, at 828 Limekiln Road, New Cumberland,
PA 17070 and making known unto her the contents thereof. So answers: Rich Keuerleber, Sheriff
of York County, Pennsylvania.
Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October
23, 2008 at 1020 hours, he served a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendant, to wit: Wayne Logue,
Trustee of the Estate of Thomas M. Wallace by making known unto Lynn Brown, adult in charge
for the defendant, at 342 North Front Street, Wormleysburg, Cumberland County, Pennsylvania its
contents and at the same time handing to her personally the said true and correct copy of the same.
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: Haley N. Wallace, Devisee of
the Estate of Thomas M. Wallace, Andrea E. Wallace, Devisee of the estate of Thomas M. Wallace
and Nathan A. Wallace, Devisee of the Estate of Thomas M. Wallace, 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. The house located at 94 North Old Stone House Road, Carlisle,
Cumberland County, Pennsylvania is listed for sale and is not occupied. Neighbors of the
defendants state the defendants moved to the State College, Pennsylvania area.
Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
October 09, 2008 at 1203 hours, she posted a true copy of the within Real Estate Writ, Notice,
Poster and Description, in the above entitled action, upon the property of The Estate of Thomas M.
Wallace, Dennis J. Shatto Executor of the Estate of Thomas M. Wallace, Wayne Logue, Trustee of
the Estate of Thomas M. Wallace, Haley N. Wallace, Devisee of the Estate of Thomas M. Wallace,
Nathan A. Wallace, Devisee of the Estate of Thomas M. Wallace and Andrea E. Wallace, Devisee
of the Estate of Thomas M. Wallace, located at 1421 Silvercreek Drive, Mechanicsburg,
Cumberland County, Pennsylvania 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 Sheriff
mailed a notice of the pendency of the action to the within named defendant, to wit: Dennis J.
Shatto, Executor of the Estate of Thomas M. Wallace, by regular mail to his last known address of
828 Limekiln Road, New Cumberland, PA 17070. This letter was mailed under the date of October
7, 2008 and never returned to the Sheriffs Office.
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 Sheriff
mailed a notice of the pendency of the action to the within named defendant, to wit: Wayne Logue,
1
Trustee of the Estate of Thomas M. Wallace, by regular mail to his last known address of 342 North
Front Street, Wormleysburg, PA 17043. This letter was mailed under the date of October 28, 2008
and never returned to the Sheriffs 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 the Courthouse, Carlisle, Cumberland County, Pennsylvania on April 1, 2009 at
10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf
of FANNIE MAE, P.O. Box 650043, Dallas TX 75265-0043 being the buyer in this execution, paid
to Sheriff R. Thomas Kline the sum of $ 1,238.61
Sheriff's Costs:
Docketing 30.00
Poundage 24.29
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 48.00
Auctioner 10.00
Law Library .50
Prothonotary 2.00
Mileage 38.00
Levy 15.00
Surcharge 60.00
Out of County 9.00
York County 46.40
Postpone sale 40.00
Law Journal 395.00
Patriot News 401.00
Share of bills 14.92
Distribution of Proceeds 25.00
Sheriff s Deed 49.50
$ 1,238.61
So Answers:
R. Thomas Kline, Sheriff
BY cC
Real Estate Coordinator
Y/-10/a y
Jam. ?2 3 q'b
Or 71-
2 9 .- 1--Sv
GCArre 2Q A, t
GU,;
CHASE HOME FINANCE, LLC
V.
Plaintiff,
ESTATE OF THOMAS M. WALLACE,
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE,
WAYNE LOGUE, TRUSTEE OF THE
ESTATE OF THOMAS M. WALLACE,
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE,
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE and
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-6756 CIVIL TERM
AMENDED AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. l)
CHASE HOME FINANCE, LLC, Plaintiff in the above action, by its attorney, DANIEL G.
SCHMIEG, 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 1421 SILVER CREEK,
MECHANICSBURG, PA 17050-8322.
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
DENNIS J. SHATTO, EXECUTOR OF 828 LIMEKILN ROAD
THE ESTATE OF THOMAS M. NEW CUMBERLAND, PA 17070
WALLACE
WAYNE LOGUE, TRUSTEE OF THE
ESTATE OF THOMAS M. WALLACE
HALEY N. WALLACE, DEVISEE OF
THE ESTATE OF THOMAS M.
WALLACE
ANDREA E. WALLACE, DEVISEE OF
THE ESTATE OF THOMAS M.
WALLACE
NATHAN A. WALLACE, DEVISEE OF
THE ESTATE OF THOMAS M.
WALLACE
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
2. Name and address of Defendant(s) in the judgment:
Same as above
CHASE HOME FINANCE, LLC
Plaintiff,
V.
ESTATE OF THOMAS M. WALLACE,
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE,
WAYNE LOGUE, TRUSTEE OF THE
ESTATE OF THOMAS M. WALLACE,
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE,
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE and
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-6756 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. l)
CHASE HOME FINANCE, LLC, Plaintiff in the above action, by its attorney, DANIEL G.
SCHMIEG, 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 ,1421 SILVER CREEK,
MECHANICSBURG, PA 17050-8322.
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
DENNIS J. SHATTO, EXECUTOR OF 828 LIMEKILN ROAD
THE ESTATE OF THOMAS M. NEW CUMBERLAND, PA 17070
WALLACE
WAYNE LOGUE, TRUSTEE OF THE
ESTATE OF THOMAS M. WALLACE
342 NORTH FRONT STREET
WORMLEYSBURG, PA 17043
HALEY N. WALLACE, DEVISEE OF
THE ESTATE OF THOMAS M.
WALLACE
ANDREA E. WALLACE, DEVISEE OF
THE ESTATE OF THOMAS M.
WALLACE
NATHAN A. WALLACE, DEVISEE OF
THE ESTATE OF THOMAS M.
WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
94 NORTH OLD STONE HOUSE Rf
CARLISLE, PA 17013
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Bureau of Compliance Dept. 280946
Harrisburg, PA 17128-0946
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)
Mers as nominee for Freedom
Mortgage Corporation
Mers as nominee for Freedom
Mortgage Corporation
Mers as nominee for Freedom
Mortgage Corporation
P.O. Box 2026
Flint, MI 48501-2026
10500 Kincaid Drive, Suite 300
Fishers, IN 46037
3300 SW 34th Ave, Suite 101
Ocala, FL 34474
5. Name and address of every other person who has any record lien on the property:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
1421 SILVER CREEK
MECHANICSBURG, PA 17050-8322
Domestic Relations of Cumberland County 13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Internal Revenue Service
Federated Investors Tower
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
6th Floor, Strawberry Sq., Dept. 28061
Harrisburg, PA 17128
13th Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
P.O. Box 8486
Willow Oak Building
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.
June 24, 2008 sc"
DATE DANIEL G. SCHMIEG, ESQV RE
Attorney for Plaintiff
CHASE HOME FINANCE, LLC
Plaintiff,
V.
ESTATE OF THOMAS M. WALLACE,
DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE,
WAYNE LOGUE, TRUSTEE OF THE
ESTATE OF THOMAS M. WALLACE,
HALEY N. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE,
NATHAN A. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE and
ANDREA E. WALLACE, DEVISEE OF THE
ESTATE OF THOMAS M. WALLACE
Defendant(s).
CUMBERLAND COUNTY
No. 07-6756 CIVIL TERM
June 26, 2008
TO: ESTATE OF THOMAS M. WALLACE,
DENNIS J. SHATTO, EXECUTOR OF
THE ESTATE OF THOMAS M.
WALLACE
828 LIMEKILN ROAD
NEW CUMBERLAND, PA 17070
NICKOLA WALLACE, GUARDIAN AD
LITEM FOR ANDREA E. WALLACE,
DEVISEE OF THE ESTATE OF
THOMAS M. WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
HALEY N. WALLACE, DEVISEE OF
THE ESTATE OF THOMAS M.
WALLACE
94 NORTH OLD STONE HOUSE ROAD
CARLISLE, PA 17013
WAYNE LOGUE, TRUSTEE OF THE
ESTATE OF THOMAS M. WALLACE
342 NORTH FRTON STREET
WORMLEYSBURG, PA 17043
NATHAN A. WALLACE, DEVISEE OF
THE ESTATE OF THOMAS M.
WALLACE
94 NORTH OLD STONE HOUSE RO
CARLISLE, PA 17013
* *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
BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
Your house (real estate) at, 1421 SILVER CREEK, MECHANICSBURG, PA 17050-8322, is
scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland
County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of
$322,992.66 obtained by CHASE HOME FINANCE, LLC (the mortgagee) against you. In the event
the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule
3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
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.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-6756 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CHASE HOME FINANCE, LLC., Plaintiff (s)
From ESTATE OF THOMAS M. WALLACE, DENNIS J. SHATTO, EXECUTOR OF THE
ESTATE OF THOMAS M. WALLACE, WAYNE LOGUE, TRUSTEE OF THE ESTATE OF
THOMAS M. WALLACE, HALEY N. WALLACE, DEVISEE AF THE ESTATE OF THOMAS M.
WALLACE, NATHAN A. WALLACE, DEVISEE OF THE ESTATE OF THOMAS M. WALLACE
AND ANDREA E. WALLACE, DEVISEE OF THE ESTATE OF THOMAS M. WALLACE,
(1) 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) 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 him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $322,992.66
L.L.$ 0.50
Interest from 6/04/08 - 12/10/08 (per diem - $53.09) -- $10,087.10 and Costs
Atty's Comm %
Due Prothy $2.00
Atty Paid $381.35 Other Costs $3,760.45
Plaintiff Paid
Date: 6/27/08
rothono
(Seal) By:
REQUESTING PARTY:
Name: DANIEL G. SCHMIEG, ESQUIRE
Address: PHELAN HALLINAN & SCHMIEG, LLP
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Deputy
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Real Estate Sale #30
On August 19, 2008 the Sheriff levied upon the
defendant's interest in the real property situated in
Hampden Township, Cumberland County, PA
Known and numbered as 1421 Silvercreek Dr., Mechanicsburg
ari-ju
Waa
more fully described on Exhibit "A" C
filed with this writ and by this reference
incorporated herein.
Date: August 19, 2008 By: n a'
Real Estate Sergeant
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
. SS.
COUNTY OF CUMBERLAND :
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:
October 31, November 7 and November 14, 2008
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 ESTATE SALE NO. 30
Writ No. 2007-6756 Civil
Chase Home Finance, LLC
VS.
Estate of Thomas M. Wallace,
Dennis J. Shatto, Executor of
the Estate of Thomas M. Wallace,
Wayne Logue, Trustee of the
Estate of Thomas M. Wallace,
Haley N. Wallace, Devisee of the
Estate of Thomas M. Wallace,
Nathan A. Wallace, Devisee of the
Estate of Thomas M. Wallace and
Andrea E. Wallace, Devisee of the
Estate of Thomas M. Wallace
Atty.: Daniel Schmieg
LEGAL DESCRIPTION
All that certain lot or piece of
ground situate in the Township of
Hampden, County of Cumberland
,-I- - 1? ?V'
isa Marie Coyne, E itor
6/1 ""
SWORN TO AND SUBSCRIBED before me this
14 day of November. 2008
Notary
F TARIAL SRAH A COLLINS
tary Public
, CUMBERLAND COUNTY
n Expires Apr 28, 2010
_? he ,Patriot-News'Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8213
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
14( Pahiot News
Now you know
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
3ornmonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
-larrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
iewspapers 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
III 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
iaily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is
nterested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
dace and ciaracter 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
tockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
i and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY
rl o-ft Mile Saba lr1e. 30
wottw<*w4 mtwhrm
Ve
IL "Paw
flit J+'a, Ei*ooiFof
r Sworn to anc
Qt
ti?s ItAllile? S
ADftit cestok" W #iw of vrm,l e o 9
00 1bw9d*, ;of (5io,11,11tY -'d
tosebeAwd • C, of ,
W a IotNe. 31 ial4e
dF Ptume ffi,
Lv rotas to .lib> ftceirwe X)MO of
?
bS+irai:?srywa?u 7s17m Boat "02 600 ,
MG ftipioa 0 To lase! lip. M&
061416 !lYMt .ii1?[ ?IBce of
This ad ran on the date(s) shown below:
10/29/08
11105108
11/12/08
before mkthjd2VaJof November, 2008 A.D.
Notary Public
COMMONWEALTH
OF PENNSYIVgNIR
Notarial Seal
C4Y Of fig Sh6ft
phinP
MY Courdy
Member, PennsylvarnEaVrftNov. 26' 2011
Association of Notaries