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HomeMy WebLinkAbout02-3827FEDERMAN 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 (2] 5) 56~-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 Plaintiff KEVIN E. HUTCHISON DAWN E. STROCK 47 WALNUT STREET CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COLtNTY Defendant(s) CIVII, ACTION = I,AW COMPI,AINT 1N MORT~AC~E FORECI,O8IIRE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 001583027-6 NZB 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. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal rifle to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 503924)780 The name(s) and last known address(es) of the Defendant(s) are: KEVIN E. HUTCHINSON DAWN E. STROCK 47 WALNUT STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 7/24/01 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BROADVIEW MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1729, Page 2053. By Assignment of Mortgage recorded 8/1/01 the mortgage was assigned to PRINCIPAL RESIDENTIAL MORTGAGE COMPANY which Assignment is recorded in Assignment of Mortgage Book No. 679, Page 4426. Said Assignment of Mortgage was re-recorded on 8/1/01 in Assignment of Mortgage Book No 680, Page 2691. By Assignment of Mortgage recorded 5/14/02 the mortgage was assigned to PLAINTIleF which Assignment is recorded in Assignment of Mortgage Book No. 687, Page 926. 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 4/1/02 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 3/1/02 through 8/1/02 (Per Diem $14.87) Attorney's Fees Cumulative Late Charges 7/24/01 to 8/1/02 Cost of Suit and Title Search Subtotal $80,394.76 2,289.98 1,250.00 81.39 550.00 $84,566.13 Escrow Credit 0.00 Deficit ~ Subtotal ~ TOTAL $85,024.42 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $85,024.42, together with interest from 8/1/02 at the rate of $14.87 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. By: FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ~,T.I'. tlmt certa/n bottom ht Lot of ~r~und 1o~._ f~l at and known m~ 47 Walnut I/~treet. in t'ron~ on W-l..ut Street 18 t'eet, more m- l~--~ and havin~ ~ w/dth on the N~t of 18 feet. and havln~ depth alonl; th~ Wm~ side o/' ~9 feint 6 inche,, and ~lon~ the ~--t a/d~ or' 83 feet 9 inches, mor~ TOG~ with the Hght ot'w~y in contmon with the ownes-~ ct*number 45 Walnut Street to an ~31~-~ the ~une prentise~ which ~beet ~. ~e~d~, e~e~u~r u~der the _~et ~1 e~cl T~nent o£ ~h:h~ei J. ]~Tworth, by deed c~ted ~ept~nber ',~, 1~, ~nd recorded ~n the c~flce ot'tl~e BErG ~0~ ~: 47 ~AZ~ S~ET, CA~IS~, PA 170~3. VERIFICATION SUSAN RUSTHOREN hereby states that she is MANAGER OF FORECLOSURE of PRINCIPAL RESIDENTIAL MORTGAGE, INC. mortgage servicing agent fbr Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are tree and correct to the best of her lo~owledge, information and beliet~. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: SHERIFF'S RETURN - REGULAR CASE NO: 2002-03827 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS HUTCHISON KEVIN E ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STROCK DAWN E the DEFENDANT , at 1325:00 HOURS, at 47 WALNUT STREET on the 16th day of August , 200~2 CARLISLE, PA 17013 DAWN STROCK by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~--~ day of /Pz'ot honot ary So Answers: R. Thomas Kline puny S~z~f~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2002-03827 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS HUTCHISON KEVIN E ET AL CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HUTCHINSON KEVIN E the DEFENDANT , at 1325:00 HOURS, on the 16th day of August at 47 WALNUT STREET , 2002 CARLISLE, PA 17013 DAWN STROCK by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~-- day of .~ ~,2~ A.D. ! 16rothonot ary' So Answers: R. Thomas Kline 08/19/2002 FEDERMAN & PHELA~/~ By: J~~~_ ~ FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-70C)0 MORTGAGE ELEcTRONIC REGISTRATION SYSTEMS, INC. Plaintiff VS. KEVIN E. HUTCHISON DAWN E. STOCK Defendant(s) ATTORNEY FOR PLAINTIFF CUMBERLAND County : Court of Common Pleas : : CIVIL DIVISION : : NO. 02-3827 . PRAECIPE TO VACATE JUDGMENT WITHOUT pREJUDICE TO THE PROTHONOTARY: Kindly VACATE the Judgment which was entered on 7~29~03 against KEVIN E. HUTCHISON and DAWN E. STOCK Defendants, in the amount of $90,347.88 relative to the instant matter, without prejudice, upon payment of your costs only. Dated: August 1, 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7O00 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, KEV-IN E. HUTCHISON DAWN E. STOCK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-3827 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly emer judgment in favor of the Plaintiffand against KEVIN E. HUTCHISON and DAWN E. STOCK, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 8/02/02 to 7/25/03 TOTAL $85,024.42 $5,323.46 $90,347.88 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 INDICATED. DATE: )~ ,~9', ~DO3PRO~(C~tJ'~t~ '?~' "~tt't~PROTHY' FEDERMAN AND PHELAN, LLP · FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (?15) 56q-7000 MORTGAGE ELECTRONIC SYSTEMS, INC. Plaintiff REGISTRATION Vs. KEVIN E. HUTCHINSON DAWN E. STROCK Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-3827 CIVIL TERM TO: KEVIN E. HUTCHINSON 47 WALNUT STREET CARLISLE, PA 17013 FILE COPY DATE OF NOTICE: ,1ULY 14, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN AI'II~MPT 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, TI~S 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 (10) days fi.om the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to fi. nd out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 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. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (?15) 563-7000 MORTGAGE ELECTRONIC SYSTEMS, INC. Plaintiff REGISTRATION VS. KEVIN E. HUTCHINSON DAWN E. STROCK Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 02-3827 CML TERM TO: DAWN E. STROCK 47 WALNUT STREET CARLISLE, PA 17013 DATE OF NOTICE: ..~I,Y 14, 2003 THIS FIRM IS A DEBT COLLECTOR ATi~MPT1NG 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 AI'fEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. I~IPORTANT 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 (10) days l~om the date of this notice, a Judgnlent may be entered against you without a hearing and you may lose your property or other important fights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to fred out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, KEVIN E. HUTCHISON DAWN E. STOCK Defendant(s). No. 02-3827 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 7/25/03 to 12/10/03 (per diem -$14.85) TOTAL $90,347.88 $2,049.30 and Costs $92,397.18 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff DESCRIPTION ALL THAT CERTAIN house in Lot of ground located at and known as 47 Walnut Street, Carlisle, Borough, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BOUNDED on the South by Walnut Street, on the West by property now or formerly of Clair Tritt and wife, known as number 49 Walnut Street, on the North by Lot now or formerly of Clair Tritt, on the East by the property now or formerly of Harriet Butcher, known as 45 Walnut Street; containing in front on Walnut Street 18 feet, more or less and having a width on the North of 18 feet and having a depth along the West side of 79 feet 6 inches and along the East side of 83 feet 9 inches, more or less. TOGETHER with the right of way in common with the owners of number 45 Walnut Street to an alley 2 and 1/2 feet wide located on the Western side of the property known as 45 Walnut Street. Tax Map//21-0320 Parcel #431 TITLE TO SAID PREMISES IS VESTED IN Kevin E. Huthinson and Dawn E. Strock (no marital stares indicated) by Deed from P. Terry Cline dated 1211811995 and recorded 12/19/1995, in Deed Book 132, Page 990. 08/01/03 FRI 10:37 FAX 2155637009 F & P - EDNA ~]001 FEDERMAN AND PHELAN, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 Peter J. Tremper Legal Assistant, Ext. 1481 August 1, 2003 Office of the Sheriff Cttmberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ATTENTION: JODY (717) 240-6397 Representing Lenders in Pennsylvania and New Jersey MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. KEVIN E. HUTCHISON AND DAWNE. STOCK No. 02-3827 Premises: 47 WALNUT STREET, CARLISLE, PA 17013 Dear Jody: Please STAY the Shefift's Sale of the above referenced property, which is scheduled for DI~CEMBER 10, 2003: The Defendant(s) filed a Chapter 13 Bankruptcy on 6/25/03 at 1:03-03773MDIC Please return the original writ of execution to the Prothonotary as soon as possible. Very truly yours, Pe~. Tramper cc: PRINCIPAL RESIDENTIAL MORTGAGE, INC. FileNo. 001583027-6 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PglII,ADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, KEV1N E. HUTCHISON DAWN E. STOCK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-3827 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the Uff~ted 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 KEVIN E. HUTCHISON is over 18 years of age and resides at 47 WALNUT STREET, CARLISLE, PA 17013. (c) that defendant DAWN E. STOCK is over 18 years of age, and resides at 47 WALNUT STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQLrlR2E Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION . SYSTEMS, INC. Plaintiff, KEV1N E. HUTCHISON DAWN E. STOCK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 02-3827 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., 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 47 WALNUT STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KEVIN E. HUTCHISON DAWN E. STOCK 47 WALNUT STREET CARLISLE, PA 17013 47 WALNUT STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Sanle 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) THE CHASE MANHATTAN BANK, AS INDENTURE TRUSTEE C/O RESIDENTIAL FUNDING CORP. 1301 OFFICE CENTER DRIVE, STE. 200 FORT WASHINGTON, PA 19034-3228 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenanl/Occupant 47 WALNUT STREET CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. July 25, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff USBC PAM - L1VE - V2.2 - Docket Report Page 1 of 4 CREDS, 2002, CLAIMS, 341Held, PlnCnfrmd, DISMISSED UoS. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: l:02-bk-04768-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Dawn E Strock 47 WALNUT STREET CARLISLE, PA 17013 SSN: 195-54-4798 Debtor Date Filed: 08/30/2002 Date Terminated: 06/25/2003 Date Dismissed: 06/25/2003 represented by James M Bach 352 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17050 717 737-2033 Kevin E Hutchison 47 WALNUT STREET CARLISLE, PA 17013 SSN: 194-42-8652 Joint Debtor Charles J. Dehart, III P.O. BOX 410 HUMMELSTOWN, PA 17036 717 566-6097 Trustee represented by James M Bach (See above for address) Filing Date # Docket Text 08/30/2002 08/30/2002 2 09/03/2002 VOLUNTARY PETITION under Chapter 13, Matrix, all Schedules & Statements, Plan and Summary, [DP], ORIGINAL NIBS DOCKET ENTRY #1 (Entered: 08/30/2002) MOTION FOR ORDER TO PAY TRUSTEE WITH CONSENT OF DEBTOR [Disposed], [DS], ORIGINAL NIBS DOCKET ENTRY #2 (Entered: 09/03/2002) 3 ORDER to pay trustee. Re: Item # 2, [DS], ORIGINAL NIBS DOCKET ENTRY #3 (Entered: 09/03/2002) https://ecf, pamb.uscourts.gov/cgi-bin/DktRpt.pl?179425478488874-L 82 0-1 7/23/2003 USBC PAM - LIVE - V2.2 - Docket Report Page 2 of 4 09/09/2002 4 ENTRY OF APPEARANCE of AmeriCredit for AmeriCredit Department, [NP], ORIGINAL NIBS DOCKET ENTRY #4 (Entered: 09/09/2002) 09/16/2002 CERTIFICATE of Mailing of Notice of 341 Meeting. Objections to the plan are due 15 days after meeting held., [AUT], ORIGINAL NIBS DOCKET ENTRY #5 (Entered: 09/16/2002) 10/18/2002 6 341 meeting held., [CA], ORIGINAL NIBS DOCKET ENTRY #6 (Entered: 10/18/2002) 11/04/2002 7 ORDER Confirming Plan, [NP], ORIGINAL NIBS DOCKET ENTRY #7 (Entered: 11/04/2002) 01/09/2003 MOTION for relief from stay filed by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. [Fee Pd. Rec.#590596-CA, $75.00] [Disposed] [Entered: 01/09/03], [NP] CERTIFICATE OF NON-CONCURRENCE, [NP], ORIGINAL NIBS DOCKET ENTRY #8 (Entered: 01/09/2003) 01/09/2003 9 ORDER that answers are due on 01/29/03 Re: Item # 8, [NP], ORIGINAL NIBS DOCKET ENTRY #9 (Entered: 01/09/2003) 01/21/2003 10 ANSWER by DEBTORS Re: Item # 8, [DS], ORIGINAL NIBS DOCKET ENTRY #10 (Entered: 01/22/2003) 01/24/2003 11 CERTWICATE of service Re: Item # 9, [DS], ORIGINAL NIBS DOCKET ENTRY #11 (Entered: 01/24/2003) 01/27/2003 12 CORRESPONDENCE SETTING PRELIMINARY PHONE CONFERENCE on 02/11/03 at 11:15 A.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, PA 17101 Re: Item # 8, [NP], ORIGINAL NIBS DOCKET ENTRY #12 (Entered: 01/27/2003) 02/11/2003 13 PROCEEDING MEMO: phone conference not held. Stipulation [w/Trustee concurrence] to be filed within 30 days. Re: Item # 8, [JG], ORIGINAL NIBS DOCKET ENTRY #13 (Entered: 02/11/2003) 04/01/2003 14 Praecipe/Withdraw by Mortgage Electronic Registration Systems, Inc. Re: Item # 8, [NP], ORIGINAL NIBS DOCKET ENTRY #14 (Entered: 04/01/2003) https://ecf, pamb.uscourts.gov/cgi-bin/DktRpt.pl?179425478488874-L 82 0-1 7/23/2003 USBC PAM - LIVE - V2.2 - Docket Report Page 3 of 4 04/02/2003 15 O6/O5/2OO3 17 06/09/2003 16 06/09/2003 06/09/2003 20 06/10/2003 18 06/11/2003 19 O6/18/2003 21 06/23/2003 22 APPROVED by the court. Re: Item # 14 [Entered: 04/02/03], [DR] This entry disposes of motiun. Re: Item # 8, [DR], ORIGINAL NIBS DOCKET ENTRY #15 (Entered: 04/02/2003) Transfer (Assignment) of Claim and waiver of opportunity to object Transfer Agreement 3001 (e) 2 Transferors:Sears(Claim No. 1, Amount 1,096.27) To eCast Settlement Corporation Filed by eCast Settlement Corp.. (Petrina, Nadine) (Entered: 06/09/2003) Motion for Relief from Stay. Filing fee due in the amount of $ 75.00 Filed by Judith Romano ofFederman & Phelan on behalf of Mortgage Electronic Registration Systems Inc. (Petrina, Nadine) (Entered: 06/09/2003) Receipt of Motion for Relief from Stay Filing Fee. Receipt Number 596207 Fee Amotmt $ 75 (RE: related document(s)[16] ). (Petrina, Nadine) (Entered: 06/09/2003) Transfer (Assignment) of Claim and waiver of opportunity to object Transfer Agreement 3001 (e) 2 Transferors:Household Bank and its Assigns(Claim No.1 i, Amount 4,285.85) To eCast Settlement Corp Filed by eCast Settlement Corp.. (Petrina, Nadin e) (Entered: 06/18/2003) Order (RE: related document(s)[16] ). Answers are due on: 6/25/2003. Hearing scheduled for 7/15/2003 at 09:00 AM at 3rd & Walnnt Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (Petrina, Nadine) (Entered: 06/10/2003) Answer to Motion for Relief from Stay Filed by James M Bach on behalf of Kevin E Hutchison, Dawn E Strock (RE: related document(s)[16] ). (Petrina, Nadine) (Entered: 06/12/2003) Transfer (Assignment) of Claim and waiver of opportunity to object Transfer Agreement 3001 (e) 2 Transferors:Metris Companies Inc (filed by Direct Memhants Bank)(Claim No. 15, Amount 3,362.23) To Sherman Acquistion LP Filed by Sherman Acquisition LP c/o Resurgent Capital Services. (Petrina, Nadine) (Entered: 06/19/2003) Certificate of Service Filed by Judith Romano ofFederman & Phelan on behalf of Mortgage Electronic Registration Systems lnc (RE: related document(s)[16], [18] ). (Morrow, Sue) (Entered: 06/23/2003) https:#ecf, pamb.uscourts.gov/cgi-bin/DktRpt.pl?179425478488874~L 82 0-1 7/23/2003 USBC PAM - LIVE - V2.2 - Docket Report Page 4 of 4 06/24/2003 23 06/25/2003 06/27/2003 Motion to Dismiss/Withdraw Case Filed by James M Bach on behalf of Kevin E Hutchison, Dawn E Strock (RE: related document(s)l_ ). (Petrina, Nadine) (Entered: 06/25/2003) 24 Order Granting Motion to Dismiss Case (RE: related document(s) [23] ). (Petrina, Nadine) (Entered: 06/25/2003) 2_5_ BNC Certificate of Mailing. Service Date 06/27/2003. (Related Doc # 24) (Admin.) (Entered: 06/28/2003) PACER Service Center Transaction Receipt 07/23/2003 08:14:53 IPncwg ~.ogin.' llfp0039 IIClient Code: I IDescription: IIDocket Repor~ IICase ~umt,er: 111:02-bk-04768-~mF [Billable Pages: 112 IICost: 11o.14 https://ecf, pamb.uscourts.gov/cgi-bin/DktRpt.pl?179425478488874-L 82 0-1 7/23/2003