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HomeMy WebLinkAbout04-0802FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINT]EF CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 COURT OF COMMON PLEAS CIVIL DIVISION JARED E. WALLACE 345 FULTON STREET ENOLA, PA 17025 Plaintiff TERM CUMBERLAND COUNTY KIMBERLY T. WALLACE A/K/A KIMBERLY ARMSTRONG 345 FULTON STREET ENOLA, PA 17025 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 F/leg: 88163 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 W1LITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 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 #: 88163 Plaintiff is CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: JARED E. WALLACE 345 FULTON STREET ENOLA, PA 17025 KIMBERLY T. WALLACE A/K/A KIMBERLY ARMSTRONG 345 FULTON STREET ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/09/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to 1 ST CENTRAL MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1588, Page 15. By Assignment of Mortgage recorded 8/28/2000 the mortgage was assigned to FEDERAL NATIONAL MORTGAGE ASSOCIATION which Assignment is recorded in Assignment of Mortgage Book No. 653, Page 613. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 11/01/2003 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#: 88163 6. The following amounts are due on the mortgage: Principal Balance Interest 10/01/2003 through 02/23/2004 (Per Diem $20.03) Attorney's Fees Cumulative Late Charges 12/09/1999 to 02/23/2004 Cost of Suit and Title Search Subtotal $93,114.66 2,924.38 1,250.00 105.27 $ 550.00 $ 97,944.31 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 97,944.31 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 97,944.31, together with interest from 02/23/2004 at the rate of $20.03 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. FEDERMAxN AND PHELAN...LLP ,~ ~ FRANK FEI~ERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL1NAN, ESQUIRE Attorneys for Plaintiff File #: 88163 Cc~ncy ~,unb~,~t, t~,,o, mqnv~vh ofFo~s'ylv~ia, aod ~nown a~ mlrnbered a~ Lo~ 1~ and tc~ (~0) fc~ cf ~ lqo. 16 ~e Plan No. 2, of Ho~'f Ad,~ ~ Pmois, said Plan bein~ rccofdcd in' d~ Ofl~c~. for ~e Recon~ of Dccds in a~l for Coun~ Cumbefla~ in Pl~ l~ook l, P~c 7. ~l n~e :.~fly bounded and described u follows, m wh: · ~'GINNING at ~, poi,,, i,, ibc nam'lemwmfly linc of Pulr~m .ql~cCr; ltmmcc alou~ rbe WCStcrA lhl-' of 1~ itu. [8, on If~ heru{~fP.r memlonat plan of ~ (Z~O) ~ee~ m s~hc~n ii~ of a nvelve (1~)/~'~ wld~ ~ley; ~n~ce wc~w~ ~ ~ /~EING ~m o~ the ~ prcnds~ which R. Thoams ~li,,,% Sbcrll~ of' ~otm~y Cumbc~nd, by de~ ,t:,e,,J 22 .lk~e 1999 mui ~ in lb~ l~xud~ o~ Dccds O~:.~ I~ luid f~ ~ Cuml~mnd in die -,u,,.,-rli~,, l~d _n~__k 2~, l~c 167 Su,.nied ~ conveyS, pursuant ~o a Cou~ Order dao~d. 26 ]~hrcb I~, un~ Pamclla L. Lm~g, i~ fee simple. PRI~4ISES BEING: 345 FULTON STREET VERIFICATION 3indy A. Smith hereby states that he/she is ~,S~IS"r,~,NT SECRETARY of CHASE MANHATTAN MORTGAGE CORPOI~TION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action am tree and correct to the best of her knowledge, information and belief. The undersigned understm~ds that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: SHERIFF'S RETURN - CASE NO: 2004-00802 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS WALLACE JARED E ET AL REGULAR RONALD HOOVER Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE WALLACE JARED E DEFENDANT , at 1828:00 HOURS, at 345 FULTON STREET ENOLA, PA 17025 JARED E WALLACE a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 27th day of February , 2004 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this ~ day of ~ ~O~ A.D. rothonotary So Answers: R. Thomas Kline 03/01/2004 FEDERNLAN & PHEL~N By: ~ Depu~ff SHERIFF'S CASE NO: 2004-00802 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS WALLACE JARED E ET AL RETURN - REGULAR RONALD HOOVER , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon WALLACE KIMBERLY T A/K/A KIMBERLY ARMSTRONG the DEFENDANT at 1828:00 HOURS, on the 27th day of February , __ at 345 FULTON STREET ENOLA, PA 17025 by handing to JARED E WALLACE, HUSBAND a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, together with 2004 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 .00 16.00 Sworn and Subscribed to before me this ~ day of ~ ~ A.D. ' Prothonotary So Answers: R. Thomas Kline 03/01/2004 FEDERMAN & PHELAN By: Deputy Sheriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff, JARED E. WALLACE KIMBERLY T. WALLACE A/FdA KIMBERLY ARMSTRONG CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-802 CIVIL TERM Defendant(s). : PRAECIPE FOR 1N REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiffand against JARED E. WALLACE and KIMBERLY T. WALLACE A/K/A KIMBERLY ARMSTRONG, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 2/24/04 to 4/5/04 TOTAL $97,944.3l $841.26 $98,785.57 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA~I~D. PRO PROTItY FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff JAP.ED E. WALLACE KIMBERLY T. WALLACE A/K/A KIMBERLY ARMSTRONG Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 04-802 CIVILTERM TO: JARED E. WALLACE 345 $~ULTON STREET ENOLA, PA 17025 DATE OF NOTICE: MARCH 19, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL/NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (71$) S6~-7000 CHASE MANHATTAN MORTGAGE CORPORATION Pl~(mtiff JAP, ED E. WALLACE KIMBERLY T. WALLACE A/FdA KIMBERLY ARMSTRONG Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO, 04-802 CIVILTERM TO: KINIBERL¥ T. WALLACE A/FdA KINIBERLY ARMSTRONG 345 FULTON STREET ENOLA, PA 17025 DATE OF NOTICE: MARCH 19, 2004 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3 166 J FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE Plaintiff, JARED E. WALLACE KIMBERLY T. WALLACE A/K/A KIMBERLY ARMSTRONG Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 04-802 CIVIL TERM VERIFICATION OF NON~MILITARY SERVICE FRANK FEDERMAN, ESQU1RE, 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 JAR.ED E. WALLACE is over 18 years of age and resides at, 345 FULTON STREET, ENOLA, PA 17025. (c) that defendant I(dMBERLY T. WALLACE A/K/A KINIBERLY ARMSTRONG is over 18 years of age, and resides at, 345 FULTON STREET, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Military Status Page 1 of I Department of Defense Manpower Data Center MAR-30-2004 11:51:01 Military Status Report Soldiers' and Sailors' Civil Relief Act of 1940 Currently not on Active Military Duty, based on the Social Security Nttmber and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is tlm current status of the Defendant(s), per the Infommtion provided, as to all branches of the Militm-y. Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes yon feel that the DMDC response is not correct, please send an e-mail to sscra.heipdesk~)osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owa/sscra.prc_Select 3/30/2004 Request for Military Status Page l of I Department of Defense Manpower Data Center MAR-30-2004 11:51:24 Military Status Report Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 Currently not on Active Military Duty, based on the Social Security Nttmber and last name provided. Upon searching the reformation data bm~ks of the Department of Defense Manpower Data Center, the above is the ctm'ent status of the Defendant(s), per tbe lnfommtion provided, as to all branches of the Military. Kenneth C. Scheflen, Director Depa~nent of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is tile official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send au e-mail to sscra, helpdesk~_~osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. httos://www.dmdc.osd.mil/udodri/owa/sscra.prc Select 3/30/2004 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, JARED E. WALLACE KIMBERLY T. WALLACE A/KJA KIMBERLY ARMSTRONG No. 04-802 CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 4/6/04 to SEPTEMBER 8, 2004 (per diem -$16.24) TOTAL $98,785.57 $2,533.44 and Costs $101,319.01 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAfN loi or pigce of la~ siluaced in Ea~ Peansb~ro Township, ~ of ~ No. 16 ~ P~ No. 2, of H~y'~ ~ Io ~, ~ ~ be~ r~ in ~ Of~ f~ ~e BEGINNING at a poinl in the Notthe. rnwardly line of Fulton Street; thence Norflnvatdly along ~be We~ern line of Lot No. 15, on nc hcrelnatbx mentioned Plan of Lots, one hundred lhiro/(130) feet to Southern line of a twelv~ (12) feet wide alley; thence We~tw~,u'dly along the .Southern line of twelve (12) fee~ aL~b.y fil~ (50} feet to a slake; lhence Soulhwardly onc hundrgd ~ (I~0) feet to a po~ in u~e Northern line of Fulton Stro~; theo~e i~m~tardly long ~¢ Nortl~em ~ of Fukon SU-ce~ f~ (50) f~.~ ~o a ~ ~hc p~e of bedimS. TITLE TO SAID PREMIS[~S IS vI~TEr~ IN Jam:l E, Wallace mx[ Kimbedy T. Wallace, hi~ wife by Deed from Pamelia L. Long, dated 6/25/19~9 ~md reco~h~d 6/29/1999 ~ Rocord Book ~2, P~e 739, Tax Parcel #09-14-0~:34-! 12 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-802 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MANHATTAN MORTGAGE CORP. Plaintiff (s) From JARED E. WALLACE and KIMBERLY T. WALLACE a/k/a KIMBERLY ARMSTRONG, 345 FULTON ST., ENOLA PA 17025. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 345 FULTON ST., ENOLA PA 17025. (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 pr~perty ~f the defendant(s) n~t ~evied up~n an subject t~ attachment is f~und in the p~ssessi~n of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $98,785.57 L.L.$.50 Interest FROM 4/6/04 TO 9/8/04 ~ $16.24 per diem = $2,533.44 Atty's Corem % Atty Paid $136.35 Plaintiff Paid Date: APRIL 6, 2004 (Seal) REQUESTING PARTY: Name FRENK FEDERMAN, ESQ. Due Prothy $1.00 Other Costs CURTIS R. LONG Prothon)~tary Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400, PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, JARED E. WALLACE KIMBERLY T. WALLACE A/K/A KIMBERLY ARMSTRONG Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-802 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 345 FULTON STREET, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JARED E. WALLACE 345 FULTON STREET ENOLA, PA 17025 KIMBERLY T. WALLACE A/K/A KIMBERLY ARMSTRONG 345 FULTON STREET ENOLA, PA 17025 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: NaiTle Last Known Address (if address cannot be reasonably ascertained, please indicate) GMAC MORTGAGE CORPORATION D/B/A DITECH. COM 3200 PARK CENTER DRIVE, SUITE 150 COSTA MESA, CA 92626 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) Nolle 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. Nalxle Last Known Address (if address cannot be reasonably ascertained, please indicate) EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE ENOLA, PA 17025 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 345 FULTON STREET ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. April 5, 2004 DATE FRANK FEDERMAN, ESQU1RE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, JARED E. WALLACE K1MBERLY T. WALLACE AJK/A K1MBERLY ARMSTRONG Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIV/L DIVISION NO. 04-802 CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 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 unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, JARED E. WALLACE KIMBERLY T. WALLACE A/K/A KIMBERLY ARMSTRONG Defendant(s). TO: JARED E. WALLACE 345 FULTON STREET ENOLA, PA 17025 CUMBERLAND COUNTY No. 04-802 CIVIL TERM April 5, 2004 KIMBERLY T. WALLACE A/K/A KIMBERLY ARMSTRONG 345 FULTON STREET ENOLA, PA 17025 **THIS FIRM' IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GAINST PROPERTY. ** Your house (real estate) at, 345 FULTON STREET, ENOLA, PA 17025, is scheduled to be sold at the SherifFs Sale on SEPTEMBER 8, 2004 at 10:00 a,m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enfome the court judgment of $98,785.57 obtained by CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this SherifFs Sale, you must take immediate action: k The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215} 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN 1o~ or pm of lalx[ ~ituat~ in ~ I~etmsbmo Township, ~ of C~ ~~ of Pe~yl~ ~ ~ ~ ~ ~ ~ 17 ~ ~ (10) ~ of ~ofD~g in ~ f~y ~ ~k I, ~ 7~ ~ BEG[bINING at a poin~ in the No~hernwnrdly line of Fulton ~ thence Nor~a~antly along ~e Western line of Lot No. 18, orr ~he hereinnfl~ men/ion~l Plnn of Lots, one hundred E~rty (130) ~ to Soull~ra line of s twelve (1:2) feet wide alley; ~aen~e West~,~ardly along the Southern line of twclve (12) feet alley fflty (50) feet to a slake; llence Sout~war~ty one hmxtred thirty (I30) k~t to a point in tl~ Northern line of Fulm~ ~; thence E,~td~ long tt~e Nonl:em line of Pu~ou Street f~ty (50) TITLE TO SAID PRFMI31~ 1S V~STl~r~ IN Sa~*d E. Wallace ~ Kimberly T. Wallace, his wife by Do=d f~om Pamela L. I..o~g, dasd 6/2511999 a~l recetded 6/29/1999 in Record t~ook 202, Page 739 Tax Parcel ~)9-14-0834-112 Chase Manhattan Mortgage Corporation VS Jared E. Wallace mid Kimberly T. Wallace In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-802 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 1.53 Levy 15.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 $ 78.03 paid by attorney 05/18/04 Sworn and subscribed to before me So Answers: 2004, A.D. ,r,~ ~ :~-..~_Z~-: ..R. Thomas Kline, Sheriff Prothonotary Real E~/tte Deputy Real Estate Sale #08 On May 12, 2004 the sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 345 Fulton Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 12, 2004 Real Estate Deputy