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)
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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)
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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
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