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Home My WebLink About04-1529FEDERMAN 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 EVERHOME MORTGAGE COMPANY, F/KJA ALLIANCE MORTGAGE COMPANY 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. LISA G. WOLFE 220 NORTH 2ND STREET LEMOYNE, PA 17043 CUMBERLAND COUNTY 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 File #: 91118 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 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#: 91119 Plaintiff is EVERHOME MORTGAGE COMPANY, F/K/A ALLIANCE MORTGAGE COMPANY 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 2. The name(s) and last known address(es) of the Defendant(s) are: LISA G. WOLFE 220 NORTH 2ND STREET LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 02/20/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COLUMBIA NATIONAL, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1366, Page 478. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 01/01/2003 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 #: 91 118 6. The following amounts are due on the mortgage: Principal Balance $64,397.75 Interest 7,425.00 12/01/2002 through 04/08/2004 (Per Diem $15.00) Attorney's Fees 1,250.00 Cumulative Late Charges 245.13 02/20/1997 to 04/08/2004 Cost of Suit and Title Search $ 550.00 Subtotal $ 73,867.88 Escrow Credit 0.00 Deficit 1,582.02 Subtotal $ 1,582.02 TOTAL $ 75,449.90 9. 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 75,449.90, together with interest from 04/08/2004 at the rate of $15.00 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. FEDERMANN ANND?PPHELLAN By: /slFianc" n ins S Ha11in n FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 91118 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected, situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Westerly line of North Second Street, which point is 200 feet North of the Northwesterly corner of Second and Walnut Streets; THENCE South 58 degrees 30 minutes West, 150 feet to a point on the Easterly line of Hill Alley; THENCE along same North 31 degrees 30 minutes West, 50 feet to a point; THENCE North 58 degrees 30 minutes East, 150 feet to a point on the Westerly line of Second Street aforesaid; THENCE along same South 31 degrees 30 minutes East, 50 feet to a point, the place of BEGINNING. Being premises known as No. 220 North Second Street, BEING the same premises which Arthur Lefever Rathfon, Jr. and Dolly K. Rathfon, his wife, by Deed dated July 9, 1960, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Y-19, Page 279, granted and conveyed unto David E. Mulhollan and Patricia C. Mulhollan, his wife. Patricia C. Mulhollan died on August 28, 1991, vesting sole title in David E. Mulhollan, Grantor herein. File#: 91118 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, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: 410q -zN U\ fv ? SHERIFF'S RETURN - REGULAR CASE NO: 2004-01529 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EVERHOME MORTGAGE COMPANY VS WOLFE LISA G SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WOLFE LISA G the DEFENDANT , at 1930:00 HOURS, on the 19th day of April 2004 at 220 NORTH 2ND STREET LEMOYNE, PA 17043 by handing to LISA WOLFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this ,z/,,,y day of hi O e„2ov `? A. D. ?Pfothonotar)ny So Answers: R. Thomas Kline 04/20/2004 FEDERMAN & PHELAN By: eputy Sherif IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Everhome Mortgage Company Vs. Lisa Wolfe, Plaintiff 04-1529 Defendant DEFENDANT'S PRELIMINARY OBJECTIONS Plaintiffs and its attorneys, Federman and Phelan, LLP, have not complied with the Pennsylvania Rules of Civil Procedure, namely Rule1024 relating to a signed VERIFICATION. 2. Rather than have his client properly sign the verification, Attorney Francis S. Hallman, Esquire of Federman and Phelan, LLP has attempted to escape the requirements of Rule 1024 by signing the verification himself. 3. Attorney Hallman should have had an agent of the mortgage company properly sign the verification, rather than signing the verification himself. WHEREFORE, Defendant requests this Honorable Court to dismiss Plaintiffs Complaint for failure to comply with Pennsylvania' s pleading requirements. In the alternative, Defendant request that this Honorable Court direct Plaintiff to amend its Complaint to conform to Rule 1024, and to serve a copy upon Defendants' attorney, Vicki Piontek, Esquire, 24 West Governor Road, Hershey PA 17033. Vicki Piontek, Esquire Date 24 West Governor Road Hershey, PA 17033 717-571-4394 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Everhome Mortgage Company Vs. Lisa Wolfe, Plaintiff 04-1529 Defendant CERTIFICATE OF SERVICE Attorney Vicki Piontek affirms that she is the attorney for the Defendant, and that on the 4th day of May, 2004, she sent by First Class U.S. Mail, postage prepaid, a true and correct copy of the attached PRELIMINARY OBJECTIONS on Plaintiff's attorney at the following, address: Federman and Phelan, LLP Attention: Francis Hallinan, Esquire One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 `y ?4'5f", slti loq Vicki Piontek, Esquire Date 24 West Governor Road Hershey, PA 17033 717-571-4394 n p 0 C. r -Tl UJ 71 -71 C - -? cn FEDERMAN 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 EVERHOME MORTGAGE COMPANY, F/K/A ALLIANCE MORTGAGE COMPANY 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 v Plaintiff LISA G. WOLFE 220 NORTH 2ND STREET LEMOYNE, PA 17043 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Oy- /%Z9 1 tuaC- CUMBERLAND COUNTY AMENDED 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 File #: 91118 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 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#: 91118 Plaintiff is EVERHOME MORTGAGE COMPANY, F/K/A ALLIANCE MORTGAGE COMPANY 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 The name(s) and last known address(es) of the Defendant(s) are: LISA G. WOLFE 220 NORTH 2ND STREET LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/20/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COLUMBIA NATIONAL, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1366, Page 478. PLAINTIFF is now, the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 01/01/2003 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 #: 91118 6. • The following amounts are due on the mortgage: Principal Balance $64,397.75 Interest 7,425.00 12/01/2002 through 04/08/2004 (Per Diem $15.00) Attomey's Fees 1,250.00 Cumulative Late Charges 245.13 02/20/1997 to 04/08/2004 Cost of Suit and Title Search 550.00 Subtotal $ 73,867.88 Escrow Credit 0.00 Deficit 1,582.02 Subtotal $ 1,582.02 TOTAL $ 75,449.90 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. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 75,449.90, together with interest from 04/08/2004 at the rate of $15.00 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN AND PHELAN, LLP By: lv' FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attomeys :For Plaintiff File #: 91118 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected, situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Westerly line of North Second Street, which point is 200 feet North of the Northwesterly corner of Second and Walnut Streets; THENCE South 58 degrees 30 minutes West, 150 feet to a point on the Easterly line of Hill Alley; THENCE along same North 31 degrees 30 minutes West, 50 feet to a point; THENCE North 58 degrees 30 minutes East, 150 feet to a point on the Westerly line of Second Street aforesaid; THENCE along same South 31 degrees 30 minutes East, 50 feet to a point, the place of BEGINNING. Being premises known as No. 220 North Second Street, BEING the same premises which Arthur Lefever Rathfon, Jr. and Dolly K. Rathfon, his wife, by Deed dated July 9, 1960, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Y-19, Page 279, granted and conveyed unto David E. Mulhollan and Patricia C. Mulhollan, his wife. Patricia C. Mulhollan died on August 28, 1991, vesting sole title in David E. Mulhollan, Grantor herein. File M 91118 VERIFICATION ALISA HAFFKE hereby states that he/she is ASSISTANT SECRETARY of EverHome Mortgage Company, mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to make this Verification, and that the statements made in the forgoing Amended Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsification to authorities. EverHome Mortgage Company Date: MAY 14TH, 2004 FEDERMAN 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 EVERHOME MORTGAGE COMPANY F/KJA ALLIANCE MORTGAGE COMPANY 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 Plaintiff VS. LISA G. WOLFE 220 NORTH 2ND STREET LEMOYNE, PA 17043 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 04-1529 CIVIL CUMBERLAND COUNTY CERTIFICATION OF SER'.VICE I hereby certify a true and correct copy of Plaintiff's Amended Civil Action Complaint was served by regular and certified mail on Deifendant's counsel on the date listed below: Vicki Piontek, Esquire 24 West Governor Road Hershey, PA 17033 DATE: ypUr$ Jaime L. McGuinness, Esquire Attorney for Plaintiff n o O f._ c? `17 r ?r? r? r ? -?: t N r C1? ?? -?= « C? >?'% nrr: ?„ ro .. : -, -? w ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Everhome Mortgage Company 04-1529 Plaintiff Vs. Lisa Wolfe, Defendant ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. It is believed and averred that certain payments were made on the principle balance and arrearages through a recent Bankruptcy which the Defendant had filed. It is believed and averred that Defendant was not properly credited for such payments. 6. Denied for the reasons stated in the answer to Paragraph Five (5). 7. States legal conclusions. To the extent that an answer is required, the averment is denied. Strict proof is required at trial. 8. States legal conclusions. To the extent that an answer is required, the averment is denied. Strict proof is required at trial. 9. States legal conclusions. To the extent that an answer is required, the averment is denied. Strict proof is required at trial. V-'tL _'f tr-u- . 4-I4 -Gy Vicki Piontek, Esquire Date 24 west Govemor Road Hershey, PA 17033 717-533-7472 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Everhome Mortgage Company plaintiff 04-1529 Vs. Lisa Wolfe, Defendant VERIFICATION I, Lisa Wolfe, Defendant in the above captioned a above captioned matter, affirm that the statements in the attached ANSWER are true and accurate to the best of my knowledge, understanding and belief. I am aware of the penalties of 18 Pa. C.S. Section 4904 relating to un-swom falsification to authorities. /s/ Lisa Wolfe 6/13/04 Lisa Wolfe Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Everhome Mortgage Company Plaintiff 04-1529 Vs. Lisa Wolfe, Defendant CERTIFICATE OF SERVICE Attorney Vicki Piontek affirms that she is the attorney for the Defendant, and that on the 14} day of -, 2004, she sent by First Class U.S. Mail, postage prepaid, a true and correct copy of the attached ANSWER on Plaintiff s attorney at the following address: Federman and Phelan, LLP Attention: Francis Hallman, Esquire Lawrence Phelan, Esquire One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 Vicki Piontek, Esquire 24 West Governor Road Hershey, PA 17033 717-533-7472 ri-1 a roil Date N x T rTii l- G S? CJ-_ (I7 4 tJ -'j W I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Everhome Mortgage Company Plaintiff 04-1529 Vs. Lisa Wolfe, Defendant NOTICE OF BANKRUPTCY Notice is hereby given that the above captioned Defendant filed for Chapter 13 Bankruptcy on or about 8/30/04, Middle District of Pennsylvania, Case No. 1-04-05232. Attached is a copy Defendant's Chapter 13 Bankruptcy Petition. Vicki Piontek, Esquire Date Attorney for Defendant 24 West Governor Road Hershey, PA 17033 717-533-7472 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Everhome Mortgage Company Plaintiff 04-1529 Vs. Lisa Wolfe, Defendant CERTIFICATE OF SERVICE Attorney Vicki Piontek affirms that she is the attorney for the Defendant, and. that on the i- day of 2004, she sent by First Class U.S. Mail, postage prepaid, a true and correct copy of the attached NOTICE OF BANKRUPTCY on Plaintiffs attorney at the following address: Federman and Phelan, LLP Attention: Francis Hallinan, Esquire Lawrence Phelan, Esquire One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 Vicki Piontek, Esquire Date 24 West Governor Road Hershey, PA 17033 717-533-7472 /flalelnl Ferro 1/19197/ FORM 01 United States Bankruptcy Court Voluntary Petition Middle District of Pennsylvania Name of Debtor (if individual, enter Last, First, Middle): Name of Joint Debtor (Spouse)(Lost, First, Middle): Wolfe, Lisa All Other Names used by the Debtor in the last 6 years All Other Names used by the Joint Debtor in the last 6 years (include married, maiden, and trade names): - (include num ied, maiden, and trade names): a 'g11;<t'r " Soc. Sm.frax I.D. No. (if more than one Soc. Sec.lrax I.D. No. (if more than one, state all): J 197-52-7043 Street Address of Debtor (No. & Street, City, State & Zip Code): Street Address of Joint Debtor (No. & Street, City, State & Zip Code): 220 North 2nd Street Wormleysburg, PA 17043 County of Residence or of the County of Residence or of the Principal Place of Business: Cumberland Principal Place of Business: Mailing Address of Debtor (if different from street address): Mailing Address of Joint Debtor (if different from street address): Location of Principal Asses of Business Debtor (if different from street address above): Information Regarding the Debtor (Check the Applicable Boxes) Venue (Check any applicable box) ® Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately preceding the date of this petition or for a longer part of such 180 days then in any other District. There isa bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District. Type of Debtor (Check all boxes that apply) Chapter or Section of Bankruptcy Code Under Which ® Individual(s) ? Railroad the Petition Is Filed (Check one box) ? Corporation ? Stockbroker ? Chapter 7 ? Chapter 11 ® Chapter 13 ? Partnership ? Commodity Broker ? Chapter 9 ? Chapter 12 ? Other ? Soc. 304 - Case ancillary to foreign proceeding Nature of Debts (Check one box) Filing Fee (Check one box) Consumer/Non-Business ? Business ® Full Filing Fee Attached ? Filing Fee to be paid in installments (Applicable to individuals only) Chapter II Small Busiuess(Check all boxes that apply) Must attach signed application for the court's consideration certifying ? Debtor is a small business as defined in I I U.S.C. § 101 that the debtor is unable to pay fee except in installments. ? Debtor is and elects to be considered a am]] business under Rule 1006(6). Sm Official. Form No. 3. 11 U.S.C. § 1121(e) (Optional) Statistical/Administrative Information (Estimates only) THIS SPACE IS FOR COURT USE ONLY ? Debtor estimates that funds will be available for distribution to unsecured creditors. /r ® Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors. r" a y r 1-15 16-49 50-99 100-199 200.999 1000rover Estimated Number of Creditors ? ? ? ? ? . C= 0 ? .. Estimated Assets O '.m $0 W $50,001 W $100,001 to $500,001 W $1,000,001 to $10,000,001 W $50,000,001 W More alm }, -_rn $50,000 $100,0DO $500,000 $1®ainn $lamllion $50 adults, $100 million $100 rm11ion ? ? in ? ? ? ? ? D Estimated Debts n saw $50,001 W $100,001 to $500.001 W $1,000,001 W $10,000,001 to SSO,000,001 W More than C $50,000 s100,000 $500,000 $t mllion 110 niaion $50 million Slootnillion sioornillie. ? ® ? ? ? ? ? " Voluntary Petition Name of Debtor(s): FORM Bl, Page 2 it page must be completed and filed in every care) Lisa Wolfe Prior Bankruptcy Can Filed Within Last 6 Years (If more than one, attach additional sheet) Location Case Number: 1-01-01908 ate Filed: 4/5/2001 Where Filed: Middle District of PA Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate of this Debtor (If more than one, attach additional sheet) Nam of Debtor: Case Number: Dale Filed: NONE District: Relationship: Judge: Signatures Signature(s) of Debtor(s) (ladiv[duallJoint) Signature of Debtor (CorporadoNPartnership) I declare under penalty of perjury that the information provided in this 1 declare under penalty of perjury that the information provided in this petition is true and comet, and that 1 have been authorized to file this petition -petition is true, and corect. [If petitioner is an individual whose debts are primarily consumer debts and has on behalf of the debtor. chosen to file under chapter 71 1 am aware that I my proceed under chat pter 7, understand the relief available under United States Code l 1 f titl 1 12 13 The debtor requests relief in accordance with the chapter of We 11, United , , o e , or 1 each such chat pter, and choose to proceed under chapter 7. d States Code 11 U it f i l States Code, specified in this petition. , , n e t e t I request relief in accordance with the chapter o specified in this petition. l' X Not Applicable h _ X "'(n, 16 , c Signature of Authorized Individual Signature of Debtor X Not Applicable Printed Name of Authorized Individual Signature of Joint Debtor Title of Authorized individual Telephone Numbei: ill not killi 11 y attorney 91Z4+° c Date - i r? Signature `f oraey • Signature of Non-Attorney Petition Preparer ` r 3 ? a n X `' I certify that 1 am a bankruptcy petition preparor as defined in 11 U.S.C. § 110, Signature of Attorney for Debtor(s) that I prepared this document fir compensation, and that 1 have provided the debtor with a copy of this document. -...Vicki Plootek, 83559 _ licable Not A Printed Name of Attorney for Debtor(s) /Bar No. pp Printed Name of Bankruptcy Petition Preparer Plontek Law Office Firm Name Social Security Number 24 West Governor Road Herhsey, PA 17033 Address Address 717-533.7472 r (fax) 800-362-7919 Names and Social Security numbers of all other individuals who prepared Telephones Numb" or assisted in preparing this document: Dale Exhibit A If more than one person prepared this document, attach additional sheets (To be completed if debtor is required to file periodic reports conforming to the appropriate official form for each person. (e.g., forms I Wand I OQ) with the Securities and Exchange M unission pursuant to Section 13 or 15(d) of the Securities C X Not Applicable Exchange Act of 1934 and is requesting relief under chapter 11) [3 Exhibit A is attached and made a part of this petition. Signature of Bankruptcy Petition Preparer Exhibit B (To be completed if debtor is an individual Date whose debts are primarily consumer debts) I, the attomcy for the petitioner named in the foregoing petition, declare that p bankr lc titon arei'a failure to co I with the visions of W Pe prep mp Y pro title 11 and the Federal Rules of Bankruptcy Procedure my result in fines I have infomn the petitioner that (he or she] my proceed under c pier 7, 11, 12, or 13 of title 1 I, United States Code, and 1py? ezptaine t e or imprisonment or both. I I U.S.C. 1 110; 18 U.S.C.1 156. relief available under each such chapter. 1 / ?a y1 F( ? X %- Z J" G Af V ?j Signature of Attorney for Debtor(s) Data ? N CJ r co C_) N ? °Ct Curtis R. Long Prothonotary Office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573 PHELAN HALLINAN & SCHMIEG, LLP By: Jenine R. Davey, Esquire Identification No. 87077 One Penn Center at Suburban Station 1617 J.F.K. Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Everhome Mortgage Company, F/K/A Alliance Mortgage Company 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff VS. Lisa G. Wolfe 220 North 2' Street Lemoyne, PA 17043 Defendant O OF AND COMES NOW Everhome Mortgage Company f/k/a Alliance Mortgage Company (hereinafter "Plaintiff'), by and through its attorneys, Phelan Hallinan & Schmieg, LLP, and files this its Motion to Reinstate Case for the Limited Purpose of Marking Case Discontinued and Ended without prejudice, and in support thereof avers as follows: Attorney for Plaintiff : Court of Common Pleas Civil Division : No. 04-1529 Civil Term : Cumberland County 1. Plaintiff filed its complaint in mortgage foreclosure on April 12, 2004. I 2. On May 7, 2004, Lisa G. Wolfe (hereinafter "Defendant") filed Preliminary Objections to Plaintiff s Complaint. 3. On May 19, 2004, Plaintiff filed an Amended Complaint rendering the Preliminary Objections moot. 4. On June 15, 2004, Defendant filed an Answer to Plaintiff's Amended Complaint. 5. On August 30, 2004, Defendant filed a Chapter 13 Bankruptcy in the U.S. Bankruptcy Court for the Middle District of Pennsylvania at Docket No. 04-05232. A true and correct copy of the U.S. Bankruptcy Court docket is attached hereto, made part hereof and marked as Exhibit "A". 6. On September 8, 2004, Defendant filed a Notice of Bankruptcy. 7. As a result of the bankruptcy, the instant action was stayed. Plaintiff was unable to take any action due to the automatic stay. 8. Defendant's Chapter 13 Bankruptcy was discharged on September 15, 2008. 9. On January 30, 2009, Plaintiff sent a Praecipe to Discontinue and End case for filing with the Court. A true and correct copy of the Praecipe is attached hereto, made part hereof and marked as Exhibit "B". 10. In response, Plaintiff received a letter stating that the case was terminated on November 5, 2007 with prejudice and a copy of the docket. A true and correct copy of the letter from the Prothonotary received on February 5, 2009 is attached hereto, made part hereof and marked as Exhibit "C". 11. Plaintiff has no record of receiving the Notice of Termination or Order terminating the case with prejudice. 12. Pursuant to Pa.R.C.P. 230.2(d)(3) and (d)(2), if an action has been terminated pursuant to Rule 230.2 for inactivity, an aggrieved party may petition the court to reinstate the action and show (i) that the petition was timely filed following the entry of the order for termination and (ii) there is a reasonable explanation for legitimate failure to file both the statement of intent to proceed and the petition to reinstate the action within thirty (30) days after the entry of the order of termination on the docket. 13. This Motion has been filed by Plaintiffs counsel within three (3) business days of Plaintiff s counsel learning that the case was terminated. Thus, this Motion has been promptly filed. 14. Plaintiff has no record of receiving the Notice of Termination or Order terminating the case. Further, the foreclosure action was stayed by Defendant's bankruptcy and Plaintiff was unable to take any action with regard to the foreclosure action. Plaintiff submits that it has set forth a reasonable explanation for the failure to file a statement of intent to proceed and petition to reinstate within thirty (30) days of the entry of the Order. 15. Plaintiff respectfully requests that the Honorable Court vacate its Order of November 5, 2007, reinstate the instant action and enter an Order marking the case discontinued and ended without prejudice. 16. Plaintiff will be prejudiced should this action not be reopened and the November 5, 2007 Order vacated since the action has been dismissed with prejudice. In the event the Defendant again defaults on the mortgage loan, Plaintiff will be unable to foreclose to recoup its unjust losses. 17. To the best of Plaintiffs knowledge, no judge has ruled on any issue in this matter. 18. In accordance with Cumberland County Local Rule 208.3(a)(9), on February 5, 2009 Plaintiff s counsel called Defendant's counsel to determine whether she was opposed to this Motion. Plaintiff's counsel left a detailed message and requested a return call. On February 6, 2009, Plaintiffs counsel also attempted to fax a copy of this Motion to Defendant's counsel advising that the Motion would be filed on February 10, 2009 and requesting her position regarding the Motion. The fax was unsuccessful. A copy of this Motion was sent to counsel for Defendant via overnight mail on February 6, 2009. As of the filing of this Motion, Plaintiff's counsel has not received a response from Defendant's counsel. A true and correct copy of the letter to Defendant's counsel, unsuccessful fax transmittals and overnight mail receipt are attached hereto, made part hereof and marked as Exhibit "D". WHEREFORE, Plaintiff respectfully requests that the Honorable Court vacate its November 5, 2007 Order, reinstate the above referenced matter and enter the attached Order marking the case discontinued and ended without prejudice. Respectfully submitted, PHE AN HALLINAN r?CHMIEG, LLP Date: 0 By: Jenin . Davey, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Jenine R. Davey, Esquire Identification No. 87077 One Penn Center at Suburban Station 1617 J.F.K. Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Everhome Mortgage Company, FWA Alliance Mortgage Company 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff VS. Lisa G. Wolfe 220 North 2°d Street Lemoyne, PA 17043 Defendant F 1. FACTS PREJUDICE Attorney for Plaintiff : Court of Common Pleas : Civil Division No. 04-1529 Civil Term : Cumberland County Plaintiff filed its complaint in mortgage foreclosure on April 12, 2004. On May 7, 2004, Lisa G. Wolfe (hereinafter "Defendant") filed Preliminary Objections to Plaintiff s Complaint. On May 19, 2004, Plaintiff filed an Amended Complaint rendering the Preliminary Objections moot. On June 15, 2004, Defendant filed an Answer to Plaintiff's Amended Complaint. On August 30, 2004, Defendant filed a Chapter 13 Bankruptcy in the U.S. Bankruptcy Court for the Middle District of Pennsylvania at Docket No. 04-05232. A true and correct copy of the U.S. Bankruptcy Court docket is attached hereto, made part hereof and marked as Exhibit "A". On September 8, 2004, Defendant filed a Notice of Bankruptcy. As a result of the bankruptcy, the instant action was stayed. Plaintiff was unable to take any action due to the automatic stay. Defendant's Chapter 13 Bankruptcy was discharged on September 15, 2008. On January 30, 2009, Plaintiff sent a Praecipe to Discontinue and End case for filing with the Court. A true and correct copy of the Praecipe is attached hereto, made part hereof and marked as Exhibit "B". In response, Plaintiff received a letter stating that the case was terminated on November 5, 2007 with prejudice and a copy of the docket. A true and correct copy of the letter from the Prothonotary received on February 5, 2009 is attached hereto, made part hereof and marked as Exhibit "C". Plaintiff has no record of receiving the Notice of Termination or Order terminating the case with prejudice. II. ARGUMENT Pursuant to Pa.R.C.P. 230.2(d)(3) and (d)(2), if an action has been terminated pursuant to Rule 230.2 for inactivity, an aggrieved party may petition the court to reinstate the action and show (i) that the petition was timely filed following the entry of the order for termination and (ii) there is a reasonable explanation for legitimate failure to file both the statement of intent to proceed and the petition to reinstate the action within thirty (30) days after the entry of the order of termination on the docket. This Petition has been filed by Plaintiff s counsel within three (3) business days of Plaintiff s counsel learning that the case was terminated. Thus, this Motion has been promptly filed. Plaintiff has no record of receiving the Notice of Termination or Order terminating the case. Further, the foreclosure action was stayed by Defendant's bankruptcy and Plaintiff was unable to take any action with regard to the foreclosure action. Plaintiff submits that it has set forth a reasonable explanation for the failure to file a statement of intent to proceed and petition to reinstate within thirty (30) days of the entry of the Order. Plaintiff respectfully requests that the Honorable Court vacate its Order of November 5, 2007, reinstate the instant action and enter an Order marking the case discontinued and ended without prejudice. Plaintiff will be prejudiced should this action not be reopened and the November 5, 2007 Order vacated since the action has been dismissed with prejudice. In the event the Defendant again defaults on the mortgage loan, Plaintiff will be unable to foreclose to recoup its unjust losses. WHEREFORE, Plaintiff respectfully requests that the Honorable Court vacate its November 5, 2007 Order, reinstate the above referenced matter and enter the attached Order marking the case discontinued and ended without prejudice. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: dA 0? By: AAU-'4=?Lz Jenin. Davey, Esquire Atto v for Plaintiff EXHIBIT A USBC PAM - LIVE - VERSION 3.21, Page 1 of 14 PlnCnfrmd, CREDS, 341Held, PreACT, CLOSED U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:04-bk-05232-MDF Assigned to: Mary D France Date Filed: 08/30/2004 Chapter 13 Date Terminated: 10/20/2008 Voluntary Date Discharged: 09/15/2008 Asset Debtor represented by Frank J McNaughton, Jr Lisa Wolfe 1926-1 Apple Street 220 North 2nd Street Williamsport, PA 17701 Wormleysburg, PA 17043 570 323-3566 SSN / ITIN: xxx-xx-7043 Fax : 866 347-6773 Email: Fmcnaughtonjr@gmail.com Vicki Ann Piontek Piontek Law Office 24 West Governor Road Hershey, PA 17033 717.599-6365 Fax : (866) 408-6735 Email: vicki.lawyer@grnail. com Trustee Charles J. DeHart, III (Trustee) 8125 Adams Drive, Suite A Hummelstown, PA 17036 717 566-6097 Asst U.S. Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 717 221-4515 Filing Date # I Docket Text Chapter 13 Voluntary Petition missing Schedules/Statements, Plan and Mailing Matrix. Filing fee due in the amount of $ 194.00 Filed by Vicki Piontek Esq on behalf of Lisa Wolfe. https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?788976858522951-L_187_0-1 2/6/2009 USBC PAM - LIVE - VERSION 3.2L Page 2 of 14 (AG) Modified on 8/30/2004 (TH)to indicate missing documents. 08/30/2004 1 (Entered: 08/30/2004) Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 10/28/2004 at 09:00 08/30/2004 AM. (AG) (Entered: 08/30/2004) Receipt of Voluntary Petition Filing Fee, Chapter 13 - $194.00 Receipt Number: 00612647. (By CReg by AG) (RE: related document 1) Modified on 8/31/2004 (DSL). (Entered: 08/30/2004 08/31/2004) Chapter 13 Plan Filed by Vicki Piontek Esq on behalf of Lisa 09/08/2004 2 Wolfe (RE: related document(s) 1). (DP) (Entered: 09/09/2004) Motion to pay secured creditor (Everhome Mortgage Company) Filed by Vicki Piontek Esq on behalf of Lisa Wolfe. (DP) 09/08/2004 3 (Entered: 09/09/2004) Motion for Wage Attachment Order Filed by Vicki Piontek Esq 09/08/2004 5 on behalf of Lisa Wolfe. (BR) (Entered: 09/09/2004) Order Granting Motion to pay secured creditor (Everhome Mortgage Company) (RE: related document(s) 3 ). (Attachments: 09/09/2004 4 # 1 Certificate of Service) (DP) (Entered: 09/09/2004) Order Granting Motion for Wage Attachment Order (RE: related document(s) 5 ). (Attachments: # 1 Certificate of Service) (BR) 09/09/2004 6 (Entered: 09/09/2004) Adversary Proceeding Filed No. 1:04-ap-00208. Filed by Lisa 09/10/2004 Wolfe rep by Vicki Piontek (BR) (Entered: 09/10/2004) Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 11/18/2004 at 09:00 09/16/2004 AM. (DP) (Entered: 09/16/2004) Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 12/9/2004 at 09:00 09/27/2004 AM. (DP) (Entered: 09/27/2004) Motion to Dismiss Case for failure to file required documents. Notice sent to all Creditors. Filed by Trustee. Objections due by 10/05/2004 7 10/28/2004. (dehart, III0g), Charles) (Entered: 10/05/2004) BNC Certificate of Mailing. (RE: related document(s) 7 ). Service 10/08/2004 8 Date 10/08/2004. (Admin.) (Entered: 10/09/2004) https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?788976858522951-L_187_0-1 2/6/2009 USBC PAM - LIVE - VERSION 3.21, Page 3 of 14 Answer Filed by Vicki Piontek Esq on behalf of Lisa Wolfe (RE: 10/12/2004 9 related document(s) 7 ). (DB) (Entered: 10/14/2004) Schedules A-J , Statement of Disclosure of Compensation of Attorney for Debtor, Statement of Financial Affairs, Summary of Schedules Filed by Vicki Piontek Esq on behalf of Lisa Wolfe 10/19/2004 10 (RE: related document(s) 1 ). (DB) (Entered: 10/21/2004) Matrix filed/Creditor List Uploaded Filed by Vicki Piontek Esq on behalf of Lisa Wolfe (RE: related document(s) 1 ). (DB) 10/19/2004 11 (Entered: 10/21/2004) Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO 10/21/2004 CHANGE. 12/23/2004 at 09:00 AM. (DB) (Entered: 10/21/2004) Amended Chapter 13 Plan Filed by Vicki Piontek Esq on behalf of Lisa Wolfe (RE: related document(s) 2 ). (CA) (Entered: 10/21/2004 12 10/22/2004) Request to BNC - Meeting of Creditors. 341(a) meeting to be held on 12/23/2004 at 10:00 AM Federal Bldg, Trustee Hearing Rm, Rm 1160, 11 th Fl, 228 Walnut St, Harrisburg, PA Proofs of Claims due by 3/23/2005 Last day to Object to Plan Confirmation 11/12/2004 13 4/22/2005 (DP) (Entered: 11/12/2004) BNC Certificate of Mailing. (RE: related document(s) 13 ). 11/17/2004 14 Service Date 11/17/2004. (Admin.) (Entered: 11/18/2004) BNC Certificate of Mailing. (RE: related document(s) 13 ). 11/17/2004 15 Service Date 11/17/2004. (Admin.) (Entered': 11/18/2004) Certification that 341 Meeting of Creditors Held (Ch. 13) on 12/23/04. (There is no image or paper document associated with 12/29/2004 16 this entry.). (dehart, III(ds), Charles) (Entered: 12/29/2004) Stipulation by debtor and Ch. 13 trustee (Amending Plan) Filed by Trustee (RE: related document(s) 12 ). (dehart,111(db), 01/03/2005 17 Charles) (Entered: 01/03/2005) Order approving Stipulation Amending Plan. (RE: related document(s) 1.7 ). (Attachments: # l Certificate of Service) (CA) 01/04/2005 18 (Entered: 01/04/2005) Motion for Relief from Stay. Filing fee due in the amount of $ 150.00 Filed by Jay B Jones of Phelan Hallinan & Schmieg, LLP on behalf of Everhome Mortgage Company. (Attachments: # 1 01/10/2005 19 Proposed Order) (Jones, Jay) (Entered: 01/10/2005) https://ecf.pwnb.uscourts.gov/cgi-bin/DktRpt.pl?788976858522951-L_187_0-1 2/6/2009 USBC PAM - LIVE - VERSION 3.21, Page 4 of 14 Receipt of Motion for Relief From Stay(1:04-bk-05232-MDF) [motion,mrlfsty] ( 150.00) filing fee. Receipt number 831619, 01/11/2005 amount $ 150.00. (U.S. Treasury) (Entered: 01/11/2005) Order (RE: related document(s) 19 ). Answers are due on: 1/26/2005. Hearing scheduled for 2/9/2005 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal 01/11/2005 20 Building, Harrisburg, PA. (CA) (Entered: 01/11/2005) Certificate of Service for the Motion for Relief from Stay and the Order Setting Hearing on the Motion Filed by Jay B Jones of Phelan Hallinan & Schmieg, LLP on behalf of Everhome Mortgage Company (RE: related document(s) 20, 19 ). (Jones, 01/14/2005 21 Jay) (Entered: 01/14/2005) Answer Filed by Vicki Piontek Esq on behalf of Lisa Wolfe (RE: 01/25/2005 22 related document(s) 19 ). (DB) (Entered: 01/26/2005) Proceeding Memo re Hearing held. Continued at request of counsel. Both parties present. No further notice required.(RE: related document(s) 20 , 1.9 ). Hearing continued to 3/9/2005 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (JG) (Entered: 02/09/2005 23 02/10/2005) Proceeding Memo: Hearing held on Motion of Everhome Mortgage Company for relief from stay. Settled - stipulation to be filed. (RE: related document(s) 22 , 19 ). Stipulation due 03/09/2005 24 4/8/2005. (EW) (Entered: 03/11/2005) Order that Stipulation be filed on or before April 8, 2005 or Motion is denied. (RE: related document(s) 19 , 24 ). Stipulation due 4/8/2005. (Attachments: # 1 Certificate of Service) (CA) 03/14/2005 25 (Entered: 03/14/2005) Request to list matter for hearing RE: Motion for Relief from Stay Filed by Jay B Jones of Phelan Hallinan & Schmieg, LLP on behalf of Everhome Mortgage Company (RE: related document 04/11/2005 26 (s) 19 ). (Jones, Jay) (Entered: 04/11/2005) Objection to Confirmation of Plan (Amended Plan is underfunded) Filed by Trustee (RE: related document(s) 12 ). 04/18/2005 27 (dehart, III(jr), Charles) (Entered: 04/18/2005) Stipulation in Settlement of the Motion for Relief from Stay Filed by Jay B Jones of Phelan Hallinan & Schmieg, LLP on behalf of Everhome Mortgage Company (RE: related document(s) 19 ). https:Hecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?788976858522951-L_187_0-1 2/6/2009 USBC PAM - LIVE - VERSION 3.21, Page 5 of 14 (Attachments: # 1 Proposed Order) (Jones, Jay) (Entered: 04/28/2005 28 04/28/2005) Order approving Stipulation (RE: related document(s) 24, 28 ). (Attachments: # 1 Certificate of Service) (CA) (Entered: 04/28/2005 29 04/28/2005) Adversary Proceeding 1-04-ap-00208 Dismissed. (CA) (Entered: 05/13/2005 05/13/2005) Second Amended Chapter 13 Plan and notice to all creditors of objection date Filed by Vicki Ann Piontek of Piontek Law Office on behalf of Lisa Wolfe (RE: related document(s) 13 , 12 ). Last day to Object to Plan Confirmation 6/30/20015. (NP) (Entered: 06/02/2005 30 06/03/2005) BNC Certificate of Mailing. (RE: related document(s) 30 ). 06/05/2005 31 Service Date 06/05/2005. (Admin.) (Entered: 06/06/2005) BNC Certificate of Chapter 12/13 Plan (RE: related document(s) 06/05/2005 32 30 ). Service Date 06/05/2005. (Admin.) (Entered: 06/06/2005) Answer Filed by Vicki Ann Piontek of Piontek Law Office on behalf of Lisa Wolfe (RE: related document(s) 33 ). (CA) 06/06/2005 34 (Entered: 06/20/2005) Certificate of Default of the Stipulation in Settlement Filed by Jay B Jones of Phelan Hallinan & Schmieg, LLP on behalf of Everhome Mortgage Company (RE: related document(s) 28 ). (Attachments: # 1 Certificate of Service # 2 Exhibit, Default Letter# 3 Exhibit, Stipulation# 4 Proposed Order) (Jones, Jay) 06/17/2005 33 (Entered: 06/17/2005) Notice to Parties: (RE: related document(s) 33 , 34 ). Hearing scheduled for 7/6/2005 at 09:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (Attachments: # 1 Certificate of 06/21/2005 35 Service) (CA) (Entered: 06/21/2005) Proceeding Memo hearing called and continued. No further notice required. Appearances: Vicki Piontek and James Jones on behalf of Jay Jones. Non-Appearances:. (There is no image or paper document associated with this entry.) (RE: related document(s) 33 , 34 , 35 ). Hearing scheduled for 8/3/2005 at 09:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (JG) 07/06/2005 36 (Entered: 07/07/2005) https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?788976858522951-L_187_0-1 2/6/2009 USBC PAM - LIVE - VERSION 3.2L Page 6 of 14 Order Confirming 2nd Amended Chapter 13 Plan (RE: related 07/27/2005 37 document(s) 30 ). (CA) (Entered: 07/27/2005) Proceeding Memo hearing called and continued. Parties instructed to either resolve prior to the hearing or be expected to proceed with evidentiary hearing. Appearances: Vicki Piontek and Gary Imblum on behalf of Jay Jones. Non-Appearances:. (There is no image or paper document associated with this entry.) (RE: related document(s) 33 , 36 ). Hearing scheduled for 8/31/2005 at 09:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, 08/03/2005 38 Harrisburg, PA. (JG) (Entered: 08/03/2005) Proceeding Memo re hearing held on Everhome Mortgage Company's certificate of default of settlement stipulation. Debtor to pay creditor within 30 days. Order to be entered. (RE: related 08/31/2005 39 document(s) 33 , 34, 38 ). (EW) (Entered: 09/01/2005) Order Directing Debtor to Pay Movant (RE: related document(s) 09/01/2005 40 33 ) 34, 39 ). (BW) (Entered: 09/02/2005) Motion to Pay - Interim Disbursement of Funds. Filed by Vicki Ann Piontek of Piontek Law Office on behalf of Lisa Wolfe. (Attachments: # 1 Certificate of Service # 2 Proposed Order) 09/05/2005 41 (Piontek, Vicki) (Entered: 09/05/2005) Motion for Expedited Consideration of Motion For Interim Disbursement of Funds. Filed by Vicki Ann Piontek of Piontek Law Office on behalf of Lisa Wolfe (RE: related document(s) 41 ). (Attachments: # 1 Certificate of Service # 2 Proposed Order) 09/05/2005 42 (Piontek, Vicki) (Entered: 09/05/2005) Notice to Filing Party (V. Piontek): **The Proposed Order was NOT e-mailed to the Court in accordance with the Administrative Procedures. Please e-mail the order so it can be presented to the Judge. re: Motion to Pay - Interim Disbursement of Funds and Motion for Expedited Consideration of Motion for Interim Disbursement of Funds **. (RE: related document(s) 41, 42 }. 09/06/2005 43 (DR) (Entered: 09/06/2005) Order Granting Motion for Expedited Consideration (RE: related 09/09/2005 44 document(s) 42 ). (CA) (Entered: 09/12/2005) Notice to Parties: (RE: related document(s) 41 ). Hearing scheduled for 9/22/2005 at 02:00 PM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (Attachments: # 1 Certificate of 09/12/2005 45 Service) (CA) (Entered: 09/12/2005) https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?788976858522951-L 187 0-1 2/6/2009 USBC PAM - LIVE - VERSION 3.2L Page 7 of 14 Objection to Motion for Interim Disbursement of Funds Filed by Trustee (RE: related document(s) 41 ). (dehart, III(asm), Charles) 09/14/2005 46 (Entered: 09/14/2005) Proceeding Memo re hearing held on Motion of Debtor to pay - interim disbursement of funds, and objection of Trustee thereto. Debtor to file motion to modify plan within 10 days. (RE: related 09/22/2005 47 document(s) 41 , 46 ). (EW) (Entered: 09/26/2005) Motion to Amend confirmed Second Amended Chapter 13 Plan. Filed by Vicki Ann Piontek of Piontek Law Office on behalf of Lisa Wolfe (RE: related document(s) L2, 37, 30, 2 ). (Attachments: # 1 Proposed Order # 2 Certificate of Service) 09/28/2005 48 (Piontek, Vicki) (Entered: 09/28/2005) Third Amended Chapter 13 Plan Filed by Vicki Ann Piontek of Piontek Law Office on behalf of Lisa Wolfe (RE: related document(s) 12 , 17, 30 , 2 ). (Attachments: # 1 Certificate of 09/28/2005 49 Service)(Piontek, Vicki) (Entered: 09/28/2005) Corrective Entry: previous attachment omitted/incorrect/incomplete - omitted Notice to Creditors of Amendment to Chapter 13 Plan and Opportunity to Object : Proof of Service to Creditors. Filed by Vicki Ann Piontek of Piontek Law Office on behalf of Lisa Wolfe (RE: related document(s) 49 ). (Attachments: # 1 Certificate of Service) 09/28/2005 50 (Piontek, Vicki) (Entered: 09/28/2005) Motion to Amend Filed by Vicki Ann Piontek of Piontek Law Office on behalf of Lisa Wolfe (RE: related document(s) 49, 50, 6 , 48 ). (Attachments: # 1 Consent# 2 Proposed Order # 3 09/28/2005 51 Certificate of Service) (Piontek, Vicki) (Entered: 09/28/2005) Notice to Filing Party (Vicki Piontek): **Incorrect docket event used. Please docket this again using the correct event Please use the Certificate of Mailing that is found under "Plan" and use the one that states "Certificate of Mailing Notice to all creditors of Chp. 13 Plan Amendment" this will set the objection date, also attach the list of creditors that were served. **. (RE: related 09/29/2005 52 document(s) 50 ). (CA) (Entered: 09/29/2005) Notice to Filing Party (V Piontek): **The Proposed Order was NOT e-mailed to the Court in accordance with the Administrative Procedures. Please e-mail the order so it can be presented to the Judge. Re: Motion to Amend Wage Attachment Order to Pay Trustee **. (RE: related document(s) 51 ). (RCP) (Entered: 09/29/2005 53 09/29/2005) https:Hecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?788976858522951-L_187_0-1 2/6/2009 USBC PAM - LIVE - VERSION 3.21, Page 8of14 Objection to Confirmation of Plan (Third Amended Plan) Filed by Trustee (RE: related document(s) 49 ). (dehart, III(db), 10/06/2005 54 Charles) (Entered: 10/06/2005) Motion to Modify Plan Filed by Vicki Ann Piontek of Piontek Law Office on behalf of Lisa Wolfe (RE: related document(s) 49 ). (CA) Additional attachment(s) added on 10/21/2005 (CA). 10/20/2005 55 (Entered: 10/21/2005) Fourth Amended Chapter 13 Plan Filed by Vicki Ann Piontek of Piontek Law Office on behalf of Lisa Wolfe (RE: related 10/20/2005 56 document(s) 49 ). (CA) (Entered: 10/21/2005) Certificate of Mailing re: Notice on Chapter 13 Plan Amendment Filed by Vicki Ann Piontek of Piontek Law Office on behalf of Lisa Wolfe (RE: related document(s) 56 ). Last day to Object to 10/20/2005 57 Plan Confirmation 11/14/2005. (CA) (Entered: 10/21/2005) Answer to Debtor's Motion to Amend Chapter 13 Plan Filed by Jay B Jones of Phelan Hallinan & Schmieg, LLP on behalf of Everhome Mortgage Company (RE: related document(s) 48 ). (Attachments: # 1 Certificate of Service # 2 Proposed Order) 10/21/2005 58 (Jones, Jay) (Entered: 10/21/2005) Notice to Parties: (RE: related document(s) 55 , 58 ). Hearing scheduled for 11/15/2005 at 09:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (Attachments: # 1 Certificate of 10/24/2005 59 Service) (CA) (Entered: 10/24/2005) Certificate of Default of the Proceeding Memo/Order of Court Dated Audust 31, 2005 Filed by Jay B Jones of Phelan Hallinan & Schmieg, LLP on behalf of Everhome Mortgage Company (RE: related document(s) 39 ). (Attachments: # 1, Proceeding Memo# 2 Proposed Order # 3, Stipulation# 4 Certificate of 10/25/2005 60 Service) (Jones, Jay) (Entered: 10/25/2005) Amended Motion for Wage Attachment Order to Pay Chapter 13 Plan / Trustee. Filed by Vicki Ann Piontek of Piontek Law Office on behalf of Lisa Wolfe (RE: related document(s) 51 , 53 ). (Attachments: # 1 Proposed Order # 2 Certificate of Service # 3 10/26/2005 61 Debtor's Consent) (Piontek, Vicki) (Entered: 10/26/2005) Answer to Certification of Default Filed by Vicki Ann Piontek of Piontek Law Office on behalf of Lisa Wolfe (RE: related document(s) 60 ). (Attachments: # 1 Certificate of Service) 10/29/2005 62 (Piontek, Vicki) (Entered: 10/29/2005) https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?788976858522951-L_187_0-1 2/6/2009 USBC PAM - LIVE - VERSION 3.21, Page 9 of 14 Order Granting Motion for Wage Attachment Order (RE: related 11/01/2005 63 document(s) 61 ). (RCP) (Entered: 11/01/2005) Notice to Parties: (RE: related document(s) 60 , 62 ). Hearing scheduled for 11/30/2005 at 09:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (Attachments: # 1 Certificate of 11/02/2005 64 Service) (CA) (Entered: 11/02/2005) Proceeding Memo hearing held. Answer/Objection withdrawn in open court. Objection of Everhome Mortgage Company to Debtor's motion to amend plan. Appearances: Gary Imblum, Esq., Vicki Ann Piontek, Esq. Non-Appearances: N/A. (There is no image or paper document associated with this entry.) (RE: 11/15/2005 65 related document(s) 58 ). (EW) (Entered: 11/16/2005) Order Granting Motion To Modify Plan (RE: related document(s) 11/21/2005 66 55 ). (CA) (Entered: 11/21/2005) Proceeding Memo: Hearing held on Certificate of Default filed by Everhome Mortgage Company. Certificate of Default withdrawn in open court. (RE: related document(s) 60, 62 ). (EW) (Entered: 11/30/2005 67 12/01/2005) Objection to Claim Number 1 of Sherman Acquisition.. Notice sent to claimant. Filed by Vicki Ann Piontek of Piontek Law Office on behalf of Lisa Wolfe Answers are due on: 2/21/2007. (Attachments: # 1 Proposed Order) (Piontek, Vicki) (Entered: 01/23/2007 68 01/23/2007) Objection to Claim Number 3 of WFN-Victoria's Secret.. Notice sent to claimant. Filed by Vicki Ann Piontek of Piontek Law Office on behalf of Lisa Wolfe Answers are due on: 2/21/2007. (Attachments: # 1 Proposed Order) (Piontek, Vicki) (Entered: 01/23/2007 69 01/23/2007) Notice to Filing Party (V. Piontek) (RE: related document(s) 68, 01/24/2007 70 69 ). (DB) (Entered: 01/24/2007) Answer Filed by Steven K Eisenberg of Stern and Stercho on behalf of RESURGENT CAPITAL SERVICES LP AS SERVICER FOR LVNV FUNDING LLC (RE: related document (s) 68. ). (Attachments: # 1_ Proposed Order # 2 memorandum of law# 3 Certificate of Service) (Eisenberg, Steven) (Entered: 02/02/2007 71 02/02/2007) Request to BNC - Notice to parties setting a hearing (RE: related https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?788976858522951-L_187_0-1 2/6/2009 USBC PAM - LIVE - VERSION 3.2L Page 10 of 14 document(s) 68 ). Hearing scheduled for 3/8/2007 at 09:30 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (DB) (Entered: 02/05/2007 72 02/05/2007) ECF Login of Vicki Ann Piontek has been disabled. Service shall be made by United States Mail. (There is no image or paper document associated with this entry.). (CDS) (Entered: 02/06/2007 73 02/06/2007) ECF Login of Vicki Ann Piontek has been reinstated. Service shall be made electronically. (There is no image or paper document associated with this entry.). (CDS) (Entered: 02/06/2007 74 02/06/2007) BNC Certificate of Mailing of Notice to Parties of Hearing (RE: related document(s) 72 ). Service Date 02/07/2007. (Admin.) 02/07/2007 75 (Entered: 02/08/2007) VACATED, Entered in error Order Granting Objection to Claim 1. The claim shall be deemed invalid. (RE: related document(s) 68 ). (DB) Modified file date on 31212007 (DD). Modified on 03/01/2007 76 3/6/2007 (SP). (Entered: 03/02/2007) Order Granting Objection to Claim 3. The claim shall be deemed invalid. (RE: related document(s) 69 ). (DB) Modified file date on 03/01/2007 77 31212007 (DD). (Entered: 03/02/2007) Order Vacating Order ENTERED IN ERROR. (RE: related 03/06/2007 78 document(s) 76 ). (DB) (Entered: 03/06/2007) Proceeding Memo re: hearing on Objection to Claim; called and continued. Appearances: Vicki Piontek. Non-Appearances: Steven Eisenberg. (There is no image or paper document associated with this entry.) (RE: related document(s) 71 , 68 , 72 ). Hearing scheduled for 3/26/2007 at 09:30 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan 03/08/2007 79 Federal Building, Harrisburg, PA. (JG) (Entered: 03/08/2007) Amendment to Schedules:. Filing fee due in the amount of $ 26.00 Filed by Vicki Ann Piontek of Piontek Law Office on behalf of Lisa Wolfe (RE: related document(s) 10 ). (Piontek, 03/12/2007 80 Vicki) (Entered: 03/12/2007) Order re: filing fee due in the amount of $ 26.00. (RE: related document(s) 80 ). Fee due on: 3/20/2007. (DB) (Entered: 03/13/2007 81 03/13/2007) https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?788976858522951-L 187 0-1 2/6/2009 USBC PAM - LIVE - VERSION 3.2L Page 11 of 14 Receipt of Amendment to Schedules (Fee)(1:04-bk-05232-MDF) [misc,amdsch] ( 26.00) filing fee. Receipt number 2131927, 03/19/2007 amount $ 26.00. (U.S. Treasury) (Entered: 03/19/2007) 03/19/2007 FeeDueAmd flag removed. (CashReg) (Entered: 03/20/2007) Proceeding Memo re: hearing on Objection to Claim; held. Record Made. Objection overruled for lack of prosecution. Appearances% Non-Appearances: Vicki Piontek and Steven Eisenberg. (There is no image or paper document associated with this entry.) (RE: related document(s) 79 , 68 ). (JG) (Entered: 03/26/2007 82 03/27/2007) Motion to Reconsider Order with Certificate of Service Filed by Vicki Ann Piontek of Piontek Law Office on behalf of Lisa Wolfe (RE: related document(s) 82 ). (Attachments: # 1 Proposed 04/04/2007 83 Order) (Piontek, Vicki) (Entered: 04/04/2007) Order Denying Motion To Reconsider (RE: related document(s) 04/17/2007 84 83 ). (DB) (Entered: 04/17/2007) Objection to Claim Number 1 of Sherman Acquisition filed on 10/12/2004. Notice sent to claimant. Filed by Frank J McNaughton Jr on behalf of Lisa Wolfe Answers are due on: 5/23/2007. (Attachments: # 1 Proposed Order # 2 Certificate of 04/23/2007 85 Service) (McNaughton, Frank) (Entered: 04/23/2007) Answer Filed by Steven K Eisenberg of Stern and Stercho on behalf of RESURGENT CAPITAL SERVICES LP AS SERVICER FOR LVNV FUNDING LLC (RE: related document (s) 85 ). (Attachments: # 1 Proposed Order # 2 memo of law# 3 05/01/2007 86 Certificate of Service) (Eisenberg, Steven) (Entered: 05/01/2007) Request to BNC - Notice to Parties of hearing (RE: related document(s) 86, 85 ). Hearing scheduled for 6/4/2007 at 09:30 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (DB) (Entered: 05/02/2007 87 05/02/2007) BNC Certificate of Mailing of Notice to Parties Setting Hearing. (RE: related document(s) 87 ). Service Date 05/04/2007. 05/04/2007 88 (Admin.) (Entered: 05/05/2007) Returned mail for Creditor AT & T Wireless (No Forwarding Address)(RE: related document(s) 85_ ). (DB) (Entered: 05/16/2007 89 05/16/2007) https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?788976858522951-L 187 0-1 2/6/2009 USBC PAM - LIVE - VERSION 3.2L Page 12 of 14 Proceeding Memo re: hearing on Objection to Claim Number 1; held. Record Made. Objection overruled. Appearances: Frank McNaughton and Brian Tyler on behalf of Resurgent Capital Services. Non-Appearances:. (There is no image or paper document associated with this entry.) (RE: related document(s) 06/04/2007 90 87, 85, 86 ). (JG) (Entered: 06/04/2007) Order Overruling Objection to Claim 1 of Sherman Aquisition LP Resurgent Capital Services filed on 10/12/04. (RE: related 06/05/2007 91 document(s) 85 ). (DB) (Entered: 06/05/2007) Motion to incur debt Motion to Refinance Debtor's Real Estate Filed by Frank J McNaughton Jr on behalf of Lisa Wolfe. (Attachments: # 1 Certificate of Service # 2 Proposed Order # 3 Appendix Notice of Motion# 4 Exhibit Approval Letter from Mortgage Company) (McNaughton, Frank) (Entered: 07/06/2007 92 07/06/2007) Notice sent to counsel (F. McNaughton) for mailing. Pursuant to Local Bankruptcy Rules effective January 1 2005, you are required to mail the attached Notice in accordance with the following instructions: (1) Date the Notice, lust your name and address at the bottom and direct a copy to all creditors and parties-in-interest obtainable through the CM/ECF Utilities menu. Objection date is 20 days from the date you mail the Notice. (2) File a **Certificate of Mailing (objection date)** with the Clerk's Office within three (3) days of the mailing, attaching a copy of the Notice and a list of creditors and parties-in-interest on whom it was served. (RE: related document(s) 92 ). Hearing scheduled for 9/13/2007 at 09:30 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, 07/31/2007 93 Harrisburg, PA. (DB) (Entered: 07/31/2007) Answer to Debtor's Motion to Approve Refinancing Real Estate Filed by Joseph P Schalk of Phelan Hallinan & Schmieg, LLP on behalf of Everhome Mortgage Company (RE: related document (s) 92 ). (Attachments: # 1 Proposed Order # 2 Certificate of 09/06/2007 94 Service) (Schalk, Joseph) (Entered: 09/06/2007) Certificate of mailing of notice sent by counsel Filed by Frank J McNaughton Jr on behalf of Lisa Wolfe (RE: related document(s) 92 ). Objections due by 10/2/2007. (McNaughton, Frank) 09/12/2007 95 (Entered: 09/12/2007) Proceeding Memo re: hearing on Motion to Incur Debt; held. Record Made. Motion was not timely noticed. Motion to be renoticed with new objection/answer deadline. Appearances: Frank McNaughton and Joseph Schalk. Non-Appearances:. https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?788976858522951-L_187_0-1 2/6/2009 USBC PAM - LIVE - VERSION 3.21, Page 13 of 14 (There is no image or paper document associated with this entry.) 09/13/2007 96 (RE: related document(s) 92, 94 ). (JG) (Entered: 09/13/2007) Request to BNC - Notice to Parties of hearing (RE: related document(s) 96 ). Hearing scheduled for 10/16/2007 at 09:30 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (DB) (Entered: 10/01/2007 97 10/01/2007) BNC Certificate of Mailing of Notice to Parties Setting Hearing. (RE: related document(s) 97 ). Service Date 10/03/2007. 10/03/2007 98 (Admin.) (Entered: 10/04/2007) Proceeding Memo re: Hearing on Motion to Incur Debt; called and continued. Appearances: Frank McNaughton and Joseph Schalk. Non-Appearances:. (There is no image or paper document associated with this entry.) (RE: related document(s) 92 , 97 , 96 ). Hearing scheduled for 12/11/2007 at 09:30 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan 10/16/2007 99 Federal Building, Harrisburg, PA. (JG) (Entered: 10/16/2007) Motion to withdraw Filed by Frank J McNaughton Jr on behalf of Lisa Wolfe (RE: related document(s) 92 ). (McNaughton, Frank) 12/10/2007 100 (Entered: 12/10/2007) Proceeding Memo re: Hearing on Motion to Incur Debt; held. Record Made. Attorney Schalk gave his concurrence to the Request to Withdraw on the record. Request granted. Motion to Incur Debt withdrawn. Appearances: Joseph Schalk. Non- Appearances: Frank McNaughton. (There is no image or paper document associated with this entry.) (RE: related document(s) 12/11/2007 101 92. 100. 94. 99 ). (JG) (Entered: 12/11/2007) Final Report Final Report Filed by Trustee. (dehart, III(ck), 09/12/2008 102 Charles) (Entered: 09/12/2008) Request to BNC - Discharge of Debtor(s) entered on 9/15/2008 09/15/2008 103 (DB) (Entered: 09/15/2008) BNC Certificate of Mailing of Discharge (Chapter 13) (RE: related document(s) 103 ). Service Date 09/17/2008. (Admin.) 09/17/2008 104 (Entered: 09/18/2008) 10/20/2008 105 Request to BNC - Final Decree (SP) (Entered: 10/20/2008) BNC Certificate of Mailing of Final Decree (RE: related document(s) 105 ). Service Date 10/22/2008. (Admin.) (Entered: https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?788976858522951-L_187_0-1 2/6/2009 USBC PAM[ - LIVE - VERSION 3.21, ' 10/22/2008 106 10/23/2008) Page 14 of 14 PACER Service Center Transaction Receipt 02/06/2009 09:53:16 IPACER Login f Code: 1:04-bk-05232-MDF Fil or Ent: Description: Docket Search filed Doc From: 0 Doc To: Report Criteria: 99999999 Term: included Format: html Billable C t: 0.64 Pages: 11 https:Hecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?788976858522951-L 187 0-1 2/6/2009 EXHIBIT B P PHELAN E 1 ALi_I NAN i f- -A h4.- 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-4491 Email: jenine.davey(dlfedphe.com Jenine R. Davey, Esquire January 30, 2009 Office of the Prothonotary Cumberland County One Courthouse Square Carlisle, PA 17013-3387 Re: Everhome Mortgage Company, et aL v Lisa G. Wolfe Cumberland County CCP, No. 04-1529-Civil Dear Sir/Madam: Representing Lenders in Pennsylvania & New Jersey* Enclosed for filing please find the Praecipe to Withdraw the Complaint and discontinue and end without prejudice and Certification of Service in the above mortgage foreclosure action. Please file the Praecipe and Certification and return a time-stamped copy in our enclosed self-addressed stamped envelope. Very truly yours, J e vey, Esq re J /mzh encl. cc: Vicki Piontek, Esquire * Please be advised that this firm is a debt collector attempting to collect a debt. Any information received 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 lien against property. PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Everhome Mortgage Company, F/K/A Alliance Mortgage Company 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff V. Lisa G. Wolfe 220 North 2nd Street Lemoyne, PA 17043 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 04-1529-Civil PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Please withdraw the Complaint and mark the case Discontinued and Ended without prejudice in the above referenced case Date: 1 30 0 Francis S. Hallinan, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Everhome Mortgage Company, F/KJA Alliance Mortgage Company 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff V. Lisa G. Wolfe 220 North 2nd Street Lemoyne, PA 17043 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 04-1529-Civil CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiffs Praecipe to Withdraw Complaint was served by regular mail on the following on the date listed below: Vicki Piontek, Esquire 24 West Governor Road Hershey, PA 17033 DATE: 30 Jenne avey, Esquire Attorn v for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 torney for Plaintiff (215) 563-7000 Everhome Mortgage Company, F/K/A Alliance Mortgage Company Court of Common Pleas 8120 Nations Way Building 100 Civil Division Jacksonville, FL 32256 Plaintiff Cumberland County V. No. 04-1529-Civil Lisa G. Wolfe 220 North 2°d Street Lemoyne, PA 17043 Defendant PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: A Please withdraw the Complaint and mark the case Discoed Ended without prejudice in the above referenced case Q Date: 1 30 0 Francis S. Hallinan, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff (215) 563-7000 Everhome Mortgage Company, F/K/A Alliance Mortgage Compa+ Court of Common Pleas 8120 Nations Way Building 100 Civil Division Jacksonville, FL 32256 Plaintiff Cumberland County V. No. 04-1529-Civil Lisa G. Wolfe 220 North 2nd Street Lemoyne, PA 17043 Defendant CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoi Praecipe to Withdraw Complaint was served by regular mail on the following on th ow: P? CEP Vicki Piontek, Esquire P 24 West Governor Road Hershey, PA 17033 DATE: bo? Jenine avey, Esquire Attornv for Plaintiff EXHIBIT C Curtis R. Long Prothonotary Renee K. Simpson Dcputy Prothonotary John E. Slike Solicitor (Office of the protbonotarp Cumberfanb Countp Date February 2, 2009 TO:. Jenine R. Davey, Esq. We are returning the enclosed transaction(s) for the following reason(s) : Incorrect fee received $ should be $ • Need signature • Must provide duplicate copies of the proposed judgment, decree or order and stamped envelopes addressed to the said persons and/or attorneys for notification. Please note: This notification is'not a substitute for service of process. Other reasons : The case was terminated November 5, 2007. Note: All transactions directed to this office must include a SELF ADDRESSED ENVELOPE WITH POSTAGE if a return receipt or certificate is desired. PAYMENT or FEE, at time of filing will be required in every instance. Curtis R. Long, Prothonotary Deputy Prothonotary PYS511 Cumberland County Prothonotary's Office Pa e 1 Civil Case Print g 2004-01529 EVERHOME MORTGAGE CO (vs) WOLFE LISA G ,Reference No..: Case Type.....: COMPLAINT - MORT FORE ' Jud t Filed........: Time 4/12/2004 gmen . 00 Judge Assigned: do Execution Date 12:05 0/00/0000 Disposed Desc.: PURGED Jury Trial... ------------ Case Comments ------------- Disposed Date. Hi er C t 1 11/05/2007 g r .: Higher Crt 2.: ************************************************* General Index ******************* ************ Attorney Info EVERHOME MORTGAGE COMPANY PLAINTIFF 8120 NATIONS WAY FEDERMAN FRANK BUILDING 100 JACKSONVILLE FL 32256 ALLIANCE MORTGAGE COMPANY PLAINTIFF 8120 NATIONS WAY FEDERMAN FRANK BUILDING 100 JACKSONVILLE FL 32256 WOLFE LISA G DEFENDANT 220 NORTH 2ND STREET PIONTEK VICKI LEMOYNE PA 17043 ******************************************************************************** * Date Entries ******************************************************************************** 4/12/2004 COMPLAINT - MORTGAGE FORECLOSURE ENTRY _ _ _ _ _ _ _ _ _ _ _ _ _ -------------- _______________________ 4/20/2004 SHERIFF'S FILE RETURNED FILED. ---------- Case Type: COMPLAINT - MORT FORE Ret Type.: Regular Litigant.: WOLFE LISA G Address..: 220 NORTH 2ND STREET Ctyy/St/Z • LEMOYNE, PA 17043 Hnd To: LISA WOLFE Shf/D ty.: SHANNON SHERTZER Date/ Time: 04/19/2004 1930:00 Costs_____-$38_35-Pd By_-FEDERMAN-&-PHELAN 04/20/2004 5/07/2004 DEFENDANT'S PRELIMINARY OBJECTIONS - VICKI PIONTEK ESQ ------------------------------------- 5/19/2004 AMENDED CIVIL ACTION LAW COMPLAINT IN MORTGAGE FORECLOSURE - BY FRANCIS S HALLINAN ESQ FOR PLFF ------------------------- -------------- 5/27/2004 CERTIFICATION OF SERVICE - FOR PLFF'S AMENDED COMPLAINT - BY JAIME L MCGUINNESS ESQ FOR PLFF ------------- _ _______________ -------------- ___________ 6 15/2004 ANSWER BY VICKI PIONTEK ESQ FOR DEFT ----- ------------------------ ------------------------------------- _ 9 08/2004 NOTICE OF BANKRUPTCY - BY VICKI PIONTEK ESQ FOR DEFT -------------------------------------------------- __ 11/05/2007 ORDER OF TERMINATION OF COURT CASES - AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 - BY THE COURT - CURTIS R LONG - PROTHONOTARY - - - - - - - - - - LAST ENTRY - - - _ _ - _ ******************************************************************************** * * Fees & Debits Escrow Information ******************************Be*q*Ba****P#nf***/Ad'******E*d*Ba******************* COMPLAINT 35.00 35.00 TAX ON CMPLT 50 50 .00 SETTLEMENT 5.00 5.00 .00 AUTOMATION 5.00 5.00 .00 JCP FEE 10.00 10.00 •00 00 ----------------- 55.50 55.50 ***********************************************************.00 ********************* EXHIBIT D 02/06/2009 13:21 FAX 215 563 4491 PHELAN HALLINAN &SCHMIEG 2001 aesa? ERROR TX REPORT a? TX FUNCTION WAS NOT COMPLETED TX/RX NO RECIPIENT ADDRESS DESTINATION ID ST. TIME TIME USE PAGES SENT RESULT 2838 917175338472 02/06 13:20 00'35 0 NG #0018 BUSY/NO SIGNAL PHELAN HALLINAN Jighb SCHMIEG 1617 J.F.K. Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax: (215) 563-4491 Email: jenine.davey@fedphe.com Jenine R. Davey, Esquire Litigation Department February 6, 2009 VIA FACSEMLE 1 533.8472 Vicki Piontek, Esquire P.O. Box 173 Mechanicsburg, PA 17055 Representing Lenders in Pennsylvania and New Jersey* Re: Everhome Mortgage Company, et al v. Lisa G. Wolfe Cumberland County CCP, No. 041529 Civil Term Dear Ms. Piontek: Please be advised that Plaintiff intends to file the enclosed Motion to Reinstate Case. This Motion is being filed for the limited purpose of marking the case discontinued and ended without prejudice. Please advise if you concur with or if you are opposed to the filing of this Motion. Joseph Schalk, Esquire will filing the encloseid Motion with the Prothonotary of Cumberland County on February 9, 2009. Very truly yours, J R. Davey, Esq e Ae Enclosure PHELAN HALLINAN &SCHMTRC r AA1 ERROR TX REPORT &se?C TX FUNCTION WAS NOT COMPLETED TX/RX NO RECIPIENT ADDRESS DESTINATION ID ST. TIME TIME USE PAGES SENT RESULT 2839 917175338472 02/06 13:33 00'00 0 NG #0018 BUSY/NO SIGNAL 02/06/2009 13:34 FAX 215 563 4491 p ? PHELAN HALLINAN SCHMIEG 1617 J.F.K. Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax: (215) 563-4491 Email: jenine.davey@fedphe.com Jenine R. Davey, Esquire Litigation Department February 6, 2009 VIA FACUMME (717) 533-8472 Vicki Piontek, Esquire P.O. Box 173 Mechanicsburg, PA 17055 Representing Lenders in Pennsylvania and New Jersey* Re: Everhome Mortgage Company, et al v. Lisa G. Wolfe Cumberland County CCP, No. 041529 Civil Term Dear Ms. Piontek: Please be advised that Plaintiff intends to file the enclosed Motion to Reinstate Case. This Motion is being filed for the limited purpose of marking the case discontinued and ended without prejudice. Please advise if you concur with or if you are opposed to the filing of this Motion. Joseph Schalk, Esquire will filing the enclosed Motion with the Prothonotary of Cumberland County on February 9, 2009. Very truly yours, J aR. Davey, Es e Enclosure n2inR/2n0s 14.26 FAX 215 563 4491 PHELAN HALLINAN &SCHMIEG 2001 ERROR TX REPORT TX FUNCTION WAS NOT COMPLETED TX/RX NO RECIPIENT ADDRESS DESTINATION ID ST. TIME TIME USE PAGES SENT RESULT PHELAN r? HALLINAN rSCHMIEG 1617 J.F.K. Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax: (215) 5634491 Email: jenine.davey@fedphe.com Jenne R. Davey, Esquire Litigation Department February 6, 2009 VIA FACSM& (7171533-8472 Vicki Piontek, Esquire P.O. Box 173 Mechanicsburg, PA 17055 2840 917175338472 02/06 14:25 00'00 0 NG #0018 BUSY/NO SIGNAL Representing Lenders in Pennsylvania and New Jersey* Re: Everhome Mortgage Company, et al v. Lisa G. Wolfe Cumberland County CCP, No. 041529 Civil Term Dear Ms. Piontek: Please be advised that Plaintiff intedds to file the enclosed Motion to Reinstate Case. This Motion is being filed for the limited purpose of marking the case discontinued and ended without prejudice. Please advise if you concur with or if you are opposed to the filing of this Motion. Joseph Schalk, Esquire will filing the enclosed Motion with the Prothonotary of Cumberland County on February 9, 2009. Very truly yours, J ' R Davey, Esq e Enclosure 02/06/2009 14:56 FAX 215 563 4491 PHELAN HALLINAN &SCHMIEG 2001 ERROR TX REPORT s s ?&s:s:sc?scs:s:?s?scs<??scs:ss#scsc:??*&?s< TX FUNCTION WAS NOT COMPLETED TX/RX NO RECIPIENT ADDRESS DESTINATION ID ST. TIME TIME USE PAGES SENT RESULT r? PHELAN HALLiNAN 2WSCHMIEG „ s 1617 J.F.K. Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax: (215) 563-4491 Email: jenine.davey@fedphe.com Jenne R. Davey, Esquire Litigation Department February 6, 2009 VIA FACSIMILE (717) 533-8472 Vicki Piontek, Esquire P.O. Box 173 Mechanicsburg, PA 17055 2842 917175338472 02/06 14:55 00'00 0 NG #0018 BUSY/NO SIGNAL Representing Lenders in Pennsylvania and New Jersey* Re: Everhome Mortgage Company, et al v. Lisa G. Wolfe Cumberland County CCP, No. 04-1529 Civil Term Dear Ms. Piontek: Please be advised that Plaintiff intends to file the enclosed Motion to Reinstate Case. This Motion is being filed for the limited purpose of marking the case discontinued and ended without prejudice. Please advise if you concur with or if you are opposed to the filing of this Motion. Joseph Schalk, Esquire will filing the enclosed Motion with the Prothonotary of Cumberland County on February 9, 2009. Very truly yours, J ' R. Davey, Esq e Enclosure I 46 HALLI NAN 5(-- I---I M I E G 1617 J.F.K. Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax: (215) 563-4491 Email: jenine.davey@fedphe.com Jenine R. Davey, Esquire Litigation Department February 6, 2009 VIA OVERNIGHT MAIL Vicki Piontek, Esquire 951 Allentown Rd Lansdale, PA 19446 Representing Lenders in Pennsylvania and New Jersey* Re: Everhome Mortgage Company, et al v. Lisa G. Wolfe Cumberland County CCP, No. 04-1529 Civil Term Dear Ms. Piontek: Please be advised that Plaintiff intends to file the enclosed Motion to Reinstate Case. This Motion is being filed for the limited purpose of marking the case discontinued and ended without prejudice. Please advise if you concur with or if you are opposed to the filing of this Motion. Joseph Schalk, Esquire will be filing the enclosed Motion with the Prothonotary of Cumberland County on February 10, 2009 and delivering same to Court Administration. V truly yours, Jeni R. Davey, Esquire Enclosure *This firm is a debt collector attempting to collect a debt. Any information received 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 lien against property. Front-Office Integration Mint-Office User: 21Maura 5-5Hutchinson ? 215-563-7000 Version One Penn Center Integration 5.23.1 Litigation tt YS Routing Slip - DOMESTIC SHIPMENT - Route to Mailroom for processing ]WIN PackagelD: 111111111IM1*26200940-225-976* Sender's Information: Senders Name: Maura Hutchinson Building/Location: One Penn Center Cost Center: - Recipient's Information: Name: Vicki Piontek, Esquire Company: - Addressl: 951 Allentown Rd City: Lansdale Package Information: Service Type: FedEx Standard Overnight Payment: Sender Sat. Del.: No HAL: No Residential Delivery: Weight: 0 Mail Center Instructions: none Phone: 215-563-7000 Department: Litigation Reference: Wolfe, Lisa Page 1 of 1 SHRH Phone #: 2155637000 Sender Email: maura. hutchinson@f edphe. com Address2: - State: PA Zip: 19446 ShipDate: 2/6/2009 Account Number: - No Signature Service Type: NULL Repeat Shipment Home NeWSNpment- ` ` Logout This site is protected by copyright and trademark laws under U.S. and International law. All rights reserved. a 1995-2006 Federal Express Corporation. http://fdxl/Add-Shipment.asp?CustomerCode=&AddressBookType= 2/6/2009 r -^ VERIFICATION Jenine R. Davey, Esquire hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in Plaintiffs Amended Motion to Reinstate Case 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. Sec. 4904 relating to unsworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: oZ 9 By: k?-L? Jen' R. Davey, Esqi A ev for Plaintiff r .. & Attorney for Plaintiff : Court of Common Pleas : Civil Division : No. 04-1529 Civil Term Cumberland County CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Reinstate Case, Brief in PHELAN HALLINAN & SCHMIEG, LLP By: Jenne R. Davey, Esquire Identification No. 87077 One Penn Center at Suburban Station 1617 J.F.K. Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Everhome Mortgage Company, F/K/A Alliance Mortgage Company 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff VS. Lisa G. Wolfe 220 North 2nd Street Lemoyne, PA 17043 Defendant Support thereof, proposed Order and Verification was sent to the counsel for Defendant via overnight mail on the date indicated below: Vicki Piontek, Esquire 951 Allentown Rd Lansdale, PA 19446 Date: oZ By: Jenne . Davey, Esquire Attorney for Plaintiff LU = crn ? LH LLJ co LO u Q Y kLu /t LLz'ij IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Everhome Mortgage Company, F/K/A Alliance Mortgage Company 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff vs. Lisa G. Wolfe 220 North 2nd Street Lemoyne, PA 17043 Defendant ORDER AND NOW, this day of : Court of Common Pleas Civil Division : No. 04-1529 Civil Term : Cumberland County , 2009, upon consideration of Plaintiffs Motion to Reinstate Case and any response thereto, it is hereby: ORDERED and DECREED that the above referenced case is hereby reopened and reinstated, the Order of Court dated November 5, 2007 is hereby vacated and the case is marked discontinued and ended without prejudice. BY THE COURT: t, ?t Wd C ! 833 60OZ 30LL40-031d