Loading...
HomeMy WebLinkAbout02-4101FEDERMAN 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 THE BANK OF NEW YORK, TRUST U/A DATED 12/1/01(EQCC TRUST 2001-2) 338 SOUTH WARMINSTER ROAD HATBORO, PA 19040 Plaintiff RICHARD M. WALLACE 112 NORTH 34TH STREET CAMP HILL, PA 17011 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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. ffyou 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. nc 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 #: 8785210124 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 THE BANK OF NEW YORK, TRUST U/A DATED 12/1/01 (EQCC TRUST 2001-2) 338 SOUTH WARMINSTER ROAD HATBORO, PA 19040 The name(s) and last known address(es) of the Defendant(s) are: RICHARD M. WALLACE 112 NORTH 34TH STREET CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 5/31/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to DECISION ONE MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1617, Page 895. By Assignment of Mortgage recorded 3/12/01 the mortgage was assigned to EQUICREDIT CORPORATION OF AMERICA which Assignment is recorded in Assignment of Mortgage Book No. 668, Page 1056. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 5/5/02 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. The following amounts are due on the mortgage: Principal Balance Interest 4/5/02 through 8/5/02 (Per Diem $21.80) Attorney's Fees Cumulative Late Charges 5/31/00 to 8/5/02 Cost of Suit and Title Search Subtotal $80,463.57 2,681.40 1,000.00 119.52 550.00 $84,814.49 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $84,814.49 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 $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $84,814.49, together with interest from 8/5/02 at the rate of $21.80 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 PHEL,~g. LLP By: /s/Francis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERTAIN piccc or parcel o£1~td ~!-~" i~ ~ Bomu~tt of Camp Hill, Cuml~rl~md Count,, Pcnn~tvenis, mom l~culnrly boundcd n~d dnsc~l~'d, ns follows, to · t a l~o~t ~ the wcs~crly sidc ofN~ ~ S~ ~ ~ ~ ~ 03 m~ ~ 85.93 ~ 05 d~ ~ ~ ~ 25.~ l ~ to a ~ ~ ~ ~ ~ 03 8.98 ~ ~ &~ ~ n~ OS d~ 57 ~u~ BEING pans of L~s Nos. 10St 109, 1 !0 nad I l I on tl~ General Pln~ et'Hollywood Development, which ?lee is ~cordal in die Cumberland Cotmt7 Recorder of Dceds Office In P~an ~ 7, pa~e 27. PRI~IISES ON: 112 NORTH 341~tl STREET VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attomey 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 unsworn falsification to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: SHERIFF'S RETURN - REGULAR CASE NO: 2002-04101 P COMMONWEALTH OF PENNSYLVANIA: cOUNTY OF CUMBERLAND BANK OF NEW YORK THE VS WALLACE RICHARD M Sheriff or Deputy Sheriff of DAWN KELL Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPIJ~INT - MORT FORE was served upon the WALLACE RICHARD M DEFENDANT at 112 NORTH 34TH STREET CP~MP HILL, PA 17011 , at 2009:00 HOURS, on the 27th day of September, by handing to RICHARD M WALLACE a true and attested copy of COMPLAINT - 2002 MORT FORE together with and at the same time directing ~is attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 31.05 Affidavit .00 Surcharge 10.00 .00 59.05 Sworn and Subscribed to before me this _~ ~ day of O~ ~2~ _ A.D. ! /Pr o t-bono t y So Answers: Thomas Kline 09/30/2002 FEDERMAN & PHELAN Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW The Bank of New York, Trust U/A Dated 12/1/01 (EQCC Trust 2001-2) 338 South Warminster Road Hatboro, PA 19040, Plaintiff Vs. Richard Wallace 112 North 34~ Street Camp Hill, PA 17011, Defendant 02-4101 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. Rather than have his client properly sign the verification, Attorney Francis S. Hallinan, Esquire of Federman and Phelan, LLP has attempted to escape the requirements of Rule 1024 by signing the verification himself. Attorney Hallinan 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 Plaintiff's 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, P.O. Box 173, Mechanicsburg, PA 17055. Vicki Piontek, Esquire Attorney for Debtors P.O. Box 173 Mechanicsburg, PA 17055 717-571-4394 Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW The Bank of New York, Trust U/A Dated 12/1/01 (EQCC Trust 2001-2) 338 South Warmin,~ter Road Hatboro, PA 19040, Plaintiff Vs. Richard Wallace 112 North 34th Street Camp Hill, PA 17011, Defendant 02-4101 ORDER And now, this day of ,2002 upon consideration of Defendants' Preliminary Objections, the same shall be granted. Plaintiff shall have amend its Complaint, and to properly serve Defendants' attorney, Vicki Piontek, Esquire. days to The Court IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW The Bank of New York, Trust U/A Dated 12/1/01 (EQCC Trust 2001-2) 338 South Warminster Road Hatboro, PA 19040, Plaintiff VS. Richard Wallace 112 North 34ta Street Camp Hill, PA 17011, Defendant 02-4101 CERTIFICATE OF SERVICE Attorney Vicki Piontek aft'mm that she is the attorney for the Defendant, and that on the 17th day of October, 2002, she sent by First Class U.S. Mail, postage prepaid, a true and correct copy of the attached PRELIMINARY OBJECTIONS on Plaintiffs attorney at the following address: Federman and Phelan, LLP Attention: Francis Halli~an; Esquire One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 Vicki Piontek, Esquire Attorney for Debtors Bar ID NO. 83559 P.O. Box 173 Mechanicsburg, PA 17055 717-571-4394 Date FEDERMAN AND PHELAN, LLP BY: JENINE R. DAVEY, ESQUIRE IDENTIFICATION NO. 87077 ONE PENN CENTER AT SUBURBAN STATION 1617 J.F.K. BLVD. - SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 The Bank of New York, Trust U/A Dated 12/1/01 (EQCC Trust 2001-2) 338 South Wmminster Road Hatboro, PA 19040 Vs. Richard M. Wallace 112 North 34th Street Camp Hill, PA 17011 ORBER AND NOW, this day of ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVI~L DIVISION CUMBERLAND COUNTY ,2002, upon consideration of the NO. 02-4101 Preliminary Objections of Defendant, Richard M. Wallace and Plaintiffs Response thereto, it is hereby ORDERED and DECREED that the said Preliminary Objections are overruled. Defendant has a period of twenty (20) days from the date of this Order within which to file an Answer to the Complaint. BY THE COURT: Jo FEDERMAN & PHELAN, LLP BY: JENINE R. DAVEY, ESQUIRE IDENTIFICATION NO. 87077 ONE PENN CENTER AT SUBURBAN STATION 1617 J.F.K. BLVD. - SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF The Bank of New York, Trust U/A Dated 12/1/01 (EQCC Trust 2001-2) 338 South Warminster Road Hatboro, PA 19040 Vs. Richard M. Wallace 112 North 34th Street Camp Hill, PA 17011 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-4101 PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR ATTEMTING TO COLLECT A DEBT. ANY INFORMATION RECEIVED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEWED 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 THE PROPERTY. PI,AINTIFF~ RE~PON,~E TO DF, FF, N1)ANT~ PRFJJMINAR¥ OR.IEC. TION~ Plaintiff, The Bank of New York, Trust U/A Dated 12/1/01 (EQCC Trust 2001-2) by its attorney, Jenine R. Davey, Esquire, hereby files the within Response to Preliminary Objections of Defendant, Richard M. Wallace, and in support thereof states as tbllows: 1. Denied. The averments of paragraph one (1) are denied as conclusions of law to which no response is necessary. By way of further response, pursuant to Pa.R.C.P. 1024, a Verification shall be made by one (I) or more parties filing the pleading unless all tire parties (2) are outside the jurisdiction of Court in verification that none of them can be obtained within the time allowed for filing of the pleading. In such cases, the Verification may be made by any person having sufficient knowledge or information and belief. By way of further response,, Plaintiff's counsel, Francis Hallinan, executed the Verification on behalf of Plaintiff as Plaintiff was outside the jurisdiction of the Court and the Verification could not be obtained from the time allowed for filing the pleading. 2. Denied. The averments of paragraph two (2) are denied as conclusions of law to which no response is necessary. By way of further response, Plaintiff hereby refers to its response to paragraph one (1), above. 3. Denied. The averments of paragraph three (3) are denied as conclusions of law to which no response is necessary. By way of further response, Plaintiff hereby refers to its response to paragraph one (1), above. WHEREFORE, Plaintiff respectfully requests that the Court overrule the Defendant's Preliminary Objections and direct the Defendant to file an Answer to Plaintiffs Complaint. Respectfully submitted, FEDERMAN AND PHELAN, LLP Date: Jeni Esquire Attorney for Plaintiff VERIFICATION Jenine R. Davey, Esquire hereby states that she is the atto:mey for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in the foregoing Response to Defendant's Preliminary Objections are tree 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 unswom falsification to authorities. FEDERMAN AND PHELAN, LLP DATE: J~ine R. Davey, Esquir~ Attorney for Plaintiff One Penn Center at Suburban Station 1617' J.F.K. Blvd. - Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. The Bank of New York, Trust U/A : COURT OF COMMON PLEAS Dated 12/1/01 (EQCC Trust 2001-2) : CIVIL DIVISION 338 South Warminster Road Hatboro, PA 19040 Vs. Richard M. Wallace 112 North 34th Street Camp Hill, PA 17011 : CUMBERLAND COUNTY No.4101 Civil Term 2002 State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff: Address: Jenine R. Davey, Esquire Federman and Phelan, LLP One Penn Center at Suburban Station 1617 J.F.K. Blvd. - Suite 1400 Philadelphia, PA 19103-1814 Date: Co) for defendant: Vicki Piontek, Esquire Address: P.O. Box 173 Mechanicsburg, PA 1'7055 I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: November 5, 2002 December 6, 2002 ~ ;x JF/~ine R. Davey, Esquire / A~corney for Plaintiff ~ /mzc/preliminaryobj ections/wallace FEDERMAN & PHELAN, LLP BY: JENINE R. DAVEY, ESQUIRE IDENTIFICATION NO. 87077 ONE PENN CENTER AT SUBURBAN STATION 1617 J.F.K. BLVD. SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 The Bank of New York, Trust U/A Dated 12/1/01 (EQCC Trust 2001-2) 338 South Watminster Road Hatboro, PA 19040 Vs. Richard M. Wallace 112 North 34th Street Camp Hill, PA 17011 CERTIFICATE OF ,qERVICF., ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CU2dBERLAND COUNTY NO. 02-4101 I hereby certify that a copy of the Plaintiff's Response to Defendant's Preliminary Objections, Praecipe for Listing Case for Argument and attached documents were served upon counsel for the Defendant by first class mail, postage prepaid, at the address and on the date listed below: Vicki Piontek, Esquire P.O. Box 173 Mechanicsburg, PA 17055 DATE: J~ine R. Davey, ~squire Attomey for Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW The Bank of New York, Trust U/A Dated 12/I/01 (EQCC Trust 2001-2) 338 South Warminster Road Hatboro, PA 19040, Plaintiff Vs. Richard Wallace 112 North 34th Street Camp Hill, PA 17011, Defendant 02-4101 MOTION TO PROCEED BY TELECONFERENCE 1. On December 6, 2002, argument is set for Preliminary Object, ions filed by Defendant. On December 6, 2002, Defendant's attorney, Vicki Piontek is scheduled for a guilty plea hearing in Armstrong County, Pennsylvania and is absolutely required[ to appear. 3. Said hearing is prior commitment before Attorney Piontek appeared in the above captioned matter. 4. Attorney Piontek could appear by teleconference. WHEREFORE, Attorney Piontek requests to appear at the December 6, 2002 argument by teleconference. Vicki Piontek, Esquire Attorney for Debtors P.O. Box 173 Mechanicsburg, PA 17055 717-571-4394 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW The Bank of New York, Trust U/A Dated 12/1/01 (EQCC Trust 2001-2) 338 South Warminster Road Hatboro, PA 19040, Plaintiff Vs. Richard Wallace 112 North 34t~ Street Camp Hill, PA 17011, Defendant 024101 CERTIFICATE OF SERVICE Attorney Vicki Piontek affirms that she is the attorney for the Defendant, and that on the 20th day of November, 2002, she sent by First Class U.S. Mail, postage prepaid, a true and correct copy of the attached MOTION TO PROCEED BY TELECONFERENCE to 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 Vicki Piontek, Esquire Attorney for Debtors Bar ID NO. 83559 P.O. Box 173 Mechanicsburg, PA 17055 717-571 4394 Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW The Bank of New York, Trust U/A Dated 12/1/01 (EQCC Trust 2001-2) 338 South Warminster Road Hatboro, PA 19040, Plaintiff Vs. Richard Wallace 112 North 34t~ Street Camp Hill, PA 17011, Defendant 02-4101 ORDER And now, this day of ., 2002, upon consideration of Defendants' MOTION TO PROCEED BY TELECONFERENCE, the same shall be granted. Attorney Piontek may appear by teleconference at the December 6, 2002 argument for the preliminary objections filed by Defendant. The Court IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW The Bank of New York, Trust U/A : Dated 12/I/01 (EQCC Trust 2001-2) : 338 South Warminster Road : Hatboro, PA 19040, : Plaintiff : Vs. 02-4101 Richard Wallace 112 North 34t~ Sta'eet Camp Hill, PA 17011, Defendant MOTION TO PROCEED BY TELECONFERENCE 1. On December 6, 2002, argument is set for Preliminary Objections filed by Defendant. On December 6, 2002, Defendant's attorney, Vicki Piontek is scheduled for a guilty plea hearing in Armstrong County, Pennsylvania and is absolutely required to appear. 3. Said hearing is prior commitment before Attorney Piontek appeared in the above captioned matter. 4. Attorney Piontek could appear by teleconference. WHEREFORE, Attorney Piontek requests to appear at the December 6, 2002 argument by teleconference. Vicki Piontek, Esquire Dat-~ '~ Attorney for Debtors P.O. Box 173 Mechanicsburg, PA 17055 717-571-4394 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW The Bank of New York, Trust U/A Dated 12/1/01 (EQCC Trust 2001-2) 338 South Warminster Road Hatboro, PA 19040, Plaintiff Vs. Richard Wallace 112 North 34th Street Camp Hill, PA 17011, Defendant 02-4101 CERTIFICATE OF SERVICE Attorney Vicki Piontek affirms that she is the attorney for the Defendant, and that on the 20th day of November, 2002, she sent by First Class U.S. Mail, postage prepaid, a true and correct copy of the attached MOTION TO PROCEED BY TELECONFERENCE to 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 Vicki Piontek, Esquire Attorney for Debtors Bar ID NO. 83559 P.O. Box 173 Mechanicsburg, PA 17055 717-571-4394 Date THE BANK OF NEW YORK, TRUST, VS. RICHARD M. WALLACE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTIC~ - LAW : : NO. 02-4101 : Defendant : ENTRY OF APPEARANCE TO THE PROTHONOTARY: The undersigned Dale F. Shughart, Jr., Esquire, hereby enters his appearance as local counsel in conjunction with Federman & Phelan for limited purpose of representing the Plaintiff at Oral Argument on December 4, 2002. Date: November 27, 2002 D~e~F. ~.~rt_a~.i., .~_ ~P~ ~ts~t~9~te 203 Carlisle, PA 17013 (717) 24:1-4311 cc: Jenine R. Davey, Esquire, Federman & Phelan, LLP Vicki Piontek, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW The Bank of New York, Trust U/A Dated 12/1/01 (EQCC Trust 2001-2) 338 South Warminster Road Hatboro, PA 19040, Plaintiff Vs. Richard Wallace 112 North 34th Street Camp Hill, PA 17011, Defendant : 02-4101 ORDER And now, this day of ,2002, upon consideration of Defendants' AMENDED MOTION TO PROCEED BY TELECONFERENCE, the same shall be granted. Attorney Piontek may appear by teleconference at the December 4, 2002 argument for the preliminary objections filed by Defendant. The Court THi~ BANK OF NEW YORK, vs. RICHARD M. WALLACE Phiutiff Defend~ls ]lq' THlC~ COURT OF COMMON PI.F. AS CUMBF, RLAND COUNTY, PF_.NNSYLVANIA NO. 02-4101 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE SUGGESTION In BANKRUPTCY TO THE CLERK: Notice is hereby given that the above-referenced Defendan~I is a Debtor in Bankruptcy, having filed a Chapter 13 bankruptcy petition in the Middle District of Harrisburg, Pennsylvania at Docket No. /-('?o)- 0/:: ~-,~-7' on December 6, 2002. Respectfully submitted, Vicki Piontek, Esquire #83559 PO Box 72 Mechanicsburg, PA 17055 (717) 571-4394 BANK OF NEW YORK, vs. RICHARD M. WALLACE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLMqD COUNTY, PENNSYLVANIA : : NO. 02-4101 : : CIVIL ACTION LAW : IN MORTGAGE I~ORECLOSURE CERTIYICAT~ OF SERVICE The undersigned hereby certifies this _ day of Dece~mber, 2002, that she is at least 18 years of age, and that the above-captioned Suggestion in Bankruptcy was served on the following parties, U.S. First Class Mail, postage prepaid: The Bank of New York C/o Dale F. Shughart, Jr., Esquire 35 E. High Slreet Suite 203 Carlisle, PA 17013 Fedderman & Phelan Attorneys At Law 1 Penn Center Plaw 1617 John F. Kennedy Blvd. Suite 14 Philadelphia, 19103 Vicki Piontek, Esquire 12/06/02 rom~ m United States Bankruptcy Court Middle District of Pennsylvania Voluntary Petition Nmuc of Deter (ifindivi~m!, m~' Last, First, MiddY): Nmm of Joint l~btor (Spous~gLast, Fire, Middle): Wallace, Richard M. AIl Other Name~ useat bY thc Debtor m the last 6 years .A. il, ,09~r N..arQes reed by the Joint Debtor in the last 6 years Soc. ~x:frax LD. No. (if moro lhan o~1~, ~ ~ll): ~. ,~.]Tax I.D. N'o. (if llloro than otl0, ~ale- ail)~ 197-~0-3161 Str~ Addv~s of Debtor (No. & Stn~ct, City, Stat~ & Zip Code): Street ^ddrcss of Joint Debtor (No. & Strcc~ City, State & Zip Co~): 112 IN. 34th Street Camp Wall, PA 17011 County of P.c~idcncc ~ of thc County of Resident c~ of thc Principal Place of Business: Cumberland Principal PIm~ of Businc~: Mailing Address of Debtor (if different from strcct addrc~): Mai~hng Address of $oint Debtor (if different from ~ect address): Infommlion Regarding the Debtor (Check the Applicable Boxes) Yew (Cl~k any aplti~ablc box) of thi~ petition or f~r a longer pail of such 180 days than in any otlmr Di~ti~ Type of Debl0r (Cheek all boxes that apply) C~apter or SecUre of Bankruptcy Cofie Under ~ ~ Lnd~4d~(0 [] Pafik~ ~le Peti~n ~ ~ (Che~k om box) N~mre ~f Debts (Check one box) [] co.s..~v~o-B.~.~ [] ~ lr~.gg~e(Che~om~x) [] Full Filing Fee Attm:h~l C~l~er 11 Sm~ ~..iness (Check all boxes that apply) [] F'~ing Fee to I~ t~id in inmllm~ts (Apl~able t~ individuals [] ~is a ssmtll b~t~ine~ as d~finedin 11U.S.C. § 101 f"l Debar is and eJec~ t~ h~ cctsidmcd a small i~m~ under that thc &~m~ is unable t° PaY fee cXCCl~ in i~talhncnt~- 11H.S.C. § 1121(¢) (C-,ptional) Rul~ 1006~). See (~T~cial Form No. 3. ~/Adminim'afive Information (Estimates only) Tins sr~ ~s ~o~ COROT b~ no funds availab~ for diatn~nulio~ to uns~m~ ta~Ktoes. Eslinmt~! Number of ClrdiRws 1-15 16-49 50~9 100-199 200-999 1000-oyex $0 to $50,001 to $100,001 ~o $500,001 ~o SI.000,001 Ia $10,000,001 to $50,000,001 to ~ km ~ F~ $50,000 $100,000 $5~0,000 $l mtlion $10 milion $50 milion $100 milion $100 milton ~-') $0 to S50,001 m S100,001 ~o S500,001 to S1,000,001 la S10,000,001 to S50.000,001 to Mom ~m $50,~00 $100.000 $500,000 $1 milion S10 milion $50 milion Sl00 mili~a $100 mil~ 0 0 [] [] [] [] [] [] c Voluntary Pe~tion ~ ~ ~st ~ ~ ~ in ~ cmo ~ F~ ~ I ~N~ I ~ Fi~: ~ B~ ~e ~ by ~ ~: ~: Signatu I ~ ~ ~ of~ ~ t~ ~u~ ~ ~ I ~ ~ of~ ~ ~~ ' 11, 12 ~ 13 ~6~ ll,O~ ~, ~ ~ ~a~ ~ ~~f~ ~ ~ ~ ~offi~ ! 1, U~ X N~ ~a~ ~t m T~ ~e ofA~ ~d~ S~ of~ ~ T~ N~ 0f~ ,~'~ ~ a~) I ~t 1 ~ a~~as~& I1U.S.C. ~ 110, ~~ f~ ~s) / ~ No. Fm ~ ~ ~ N~ ~ ~x 173 ~n~ PA 17~ A~ E~ A U'~ (c&, t~ 10~ I~ ~& ~ ~6m ~ ~ ~ ~ to ~ 13 ~ I~ ~ ~ N~ A~ ~~i9~~ml~~ il) X ~ E~A~ ~~a~of~ Si~ of~ P~fi~ ~ g~t B 7, Il, 12~ la of~ 11, ~ ~, ~~ ~ ~~K~ Il U.S.C. ~ 110; 18 U.S.C. ~ l~_ X THE BANK OF NEW YORK, TRUST U/A DATED 12/1/01 (EQCC TRUST 2001-2) Plaintiff VS. RICHARD M. WALLACE, Defendat IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4101 CIVIL CIVIL ACTION -. LAW IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT BEFORE BAYLEY AND HESS., J.J. ORDER AND NOW, this ! 3~ day of January, 2003, the preliminary objection of the defendant is SUSTAINED. The plaintiff is granted leave to amend its pleading in accordance with the opinion filed of even date herewith. BY THE COURT, Jenine R. Davey, Esquire For the Plaintiff Vicki Piontek, Esquire For the Defendant Kevin,~ Hess, J. / :rlm THE BANK OF NEW YORK, TRUST U/A DATED 12/1/01 (EQCC TRUST 2001-2) Plaintiff VS. RICHARD M. WALLACE, Defendat IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-410 ! CIVIL CIVIL ACTION -. LAW PRELIMINARY OBJECTION OF DEFENDANT BEFORE BAYLEY AND HESS~J.J. OPINION AND ORDER The captioned case is a mortgage foreclosure action. The plaintiff, The Bank of New York, Trust U/A, alleges that a mortgage, with respect to 112 North 34th Street Camp Hill, Cumberland County, a property owned by the defendant, is in default. The issue before the court involves the defendant's preliminary objection to the plaintiff's complaint. The defendant asserts that the complaint's verification is invalid because it fails to comply with Pennsylvania Rule of Civil Procedure 1024. The verification of the complaint contains only the signature of the plaintiff's attorney and not the signature of any representative of the plaintiff having knowledge of the facts asserted in the complaint. Pennsylvania Rule of Civil Procedure 1024 states: (a) Every pleading containing an averment of fact not appearing of record in the action or containing a denial of fact shall state that the averment or denial is true upon the signer's personal knowledge or information and belief and shall be verified. The signer need not aver the source of the information or expectation of ability to prove the averment or denial at the trial. A pleading may be verified upon personal knowledge 02-4101 CIVIL as to a part and upon information and belief as to the remainder. (b) If a pleading contains averments which are inconsistent in fact, the verification shall state that the signer has been unable after reasonable investigation to ascertain which of the inconsistent averments,, specifying them, are true but that the,' signer has knowledge or information sufficient to form a belief that one of them is true:. (c) The verification shall be made by one or more of the parties filing the pleading unless all the parties (1) lack sufficient knowledge or information, or (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for :filing the pleading. In such cases, the verification may be made by any person having sufficient knowledge or information and belief and shall set forth the source of the person's information as to matters not stated upon his or her own knowledge and the reason why the verification is not made by a party. In summary, the rule requires that the verification shall be made normally by one or more of the parties filing the pleading. There is an exception if all of the parties lack sufficient knowledge or information or are outside the jurisdiction of the court. The exception to the rule is further satisfied if the person making the verification states the source of their information and the reason why the verification was not made by a party. It is important, however, that a specific reason be stated. "Merely stating that the party is unavailable ...., does not demonstrate the necessary prerequisites for permitting a nonparty to make the verification ...."Lewis v. Erie Insurance Exchange, 421 A.2d 1214, 1217 (Pa. Super. 1980). In Hercoform Marketing, Inc. v.. Brown, 75 Pa. D. & C. 2d 02-4101 CIVIL 3 94 (1975), the court stated that it is well settled that a verification made by an attorney for the pleader is defective when it merely avers the parties were outside the jurisdiction. In the matter sub judice, the complaint is verified by the plaintiff's attorney with assertions that the plaintiff is outside the jurisdiction and/or the verification could not be obtained within the time allowed. The verification offers no further explanation. Interestingly enough, it goes on to say that "[I]t is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel." In other words, the verification itself contains something of a concession that an amended verification will be required. We are somewhat mystified, therefore, why the case is now before the court on the question of the adequacy of the verification. We will sustain the preliminary objection of defendant. It would not be proper, however, for us to dismiss this action without giving the plaintiff the opportunity to amend the verification. See Lewis v. Erie Insurance Exchange, supra. AND NOW, this ORDER day of January, 2003, the preliminary objection of the defendant is SUSTAINED. The plaintiff is granted leave to amend its pleading in accordance with the opinion filed of even date herewith. BY THF, COURT, Jenine R. Davey, Esquire For the Plaintiff Vicki Piontek, Esquire For the Defendant Hess, J. FEDERMAN AND PHELAN, 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 The Bank of New York, Trust U/A Dated 12/1/01 (EQCC Trust 2001-2) 338 South Warminster Road Hatboro, PA 19040 Vs. Richard M. Wallace 112 North 34th Street Camp Hill, PA 17011 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DMSION CUMBERLAND COUNTY · NO. 02-4101 CERTIFICATION OF SERVICE TO THE PROTHONOTARY: Service upon the Defendant was made by sending a true and correct copy of the Suggestion of Bankruptcy by U.S. First Class Mail on the date listed below· Vicki Piontek, Esquire P.O. Box 173 Mechanicsburg, PA 17055 Date: January 30, 2003 foDraVp~'gsff~ire / FEDERMAN AND PHELAN, 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 The Bank of New York, Trust U/A Dated 12/1/01 (EQCC Trust 2001-2) 338 South Warminster Road Hatboro, PA 19040 Vs. Richard M. Wallace 112 North 34th Street Camp Hill, PA 17011 .Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-4101 SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: Defendant Robert M. Wallace filed Chapter 13 bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania at Docket No.: 02-06651-JJT on December 6, 2002. According to the Bankruptcy Docket, this case is still active. Date: J~fiine ~. Davey, lzsqf~re~ 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 THE BANK OF NEW YORK, TRUST U/A DATED 12/1/01 (EQCC TRUST 2001-2) 338 SOUTH WARMINSTER ROAD HATBORO, PA 19040 Vo Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 02-4101 RICHARD M. WALLACE 112 NORTH 34TH STREET CAMP HILL, PA 17011 CUMBERLAND COUNTY Defendant(s) AMENDED CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 Ibr any other claim or relief requested by the Plaintiff. You may lose money or property or other fights 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 #: 8785210124 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 THE BANK OF NEW YORK, TRUST U/A DATED 12/1/01(EQCC TRUST 2001-2) 338 SOUTH WARMINSTER ROAD HATBORO, PA 19040 The name(s) and last known address(es) of the Defendant(s) are: RICHARD M. WALLACE 112 NORTH 34TH STREET CAMP HILL, PA 17011 o who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 5/31/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to DECISION ONE MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1617, Page 895. By Assignment of Mortgage recorded 3/12/01 the mortgage was assigned to EQUICREDIT CORPORATION OF AMERICA which Assignment is recorded in Assignment of Mortgage Book No. 668, Page 1056. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 5/5/02 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. o The following amounts are due on the mortgage: Principal Balance Interest 4/5/02 through 8/5/02 (Per Diem $21.80) Attorney's Fees Cumulative Late Charges 5/31/00 to 8/5/02 Cost of Suit and Title Search Subtotal $80,463.57 2,681.40 1,000.00 119.52 550.00 $84,814.49 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $84,814.49 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 $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $84,814.49, together with interest from 8/5/02 at the rate of $21.80 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. FE~RMAN AND PHELAN,, LLP By: /s/Francis S. Hallinan FRANK FEDERMAN, ESQUllLE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAgN, ESQUIRE Attorneys for Plaintiff ALL THAT CEI~TA~ piece o~ poccl o£1and slt~a~ in ~be Borough o/~ Camp Hill. Cumb~-rl~nd County. Pcnn~lvnnis, mom l~'tlculnrty botmdcd n~l described as follows, to ' BHGZNNING at a point at the wt:stcdy eidc of North 34~ Stn~ which point is {0 ~eet nonhward~ fi~n tl~ ,,orthwt~a~ coaxer of~ tnt~ecctton of Nozth 34th Street ena tmah 05 dca'es .~ mlnums west, 2~..~ i re~mapoi~ ~~~ 03 point; thence north {4 de~r, ees 03 mlu.,,~ assr, 98.10 feo~ to s point mt dm w~stsrly si,lc ol~qoah ~4tb $tre~ 0since sloag the weatn, iy side of'Norris 34~h Szz~, South 12 degrces 2g mlmttcs ~-*~ 60 feet to n point, tlte Place ot"BEOII~ING. BP. ING pans of'Lots Nos. 10~ 109, I I0 nad ! 1I on thc (]~.ocral PI~ of'Hollywood Dcvelopmcak which p~an is n:cordcd in the Cumbe~end Cotmt7 Re~'dcr ofDceds Officc fn P~m Book 7. Pagc 27. P~SES 0~: 112 NORTH 34TH STREET 12/09/02 M0N 11:42 FAX 2155634491 F&P LITIGATION ~002 VERIFIC ,ATION Foreclosure Teresa Wint hereby states that she is Specialist ~br *he Foreclosure Department for FAIRBANKS CAPITAL CORPORATION, mortgage-servicing agent fez Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Amended Civil Action in Mortgage Foreclosure are correct to the best ofher knowledge, information and behef. Furthermore, the Plaintiffhereln, The Bank of New York, Trust U/A Dated 12/1/01 (~QCC Trust 2001-2), is the investor of the mortgage loan, while Faitbsnk~ Capital Corporation/s the servicer of the mortgage loan. Fairbanks Capital Corporation, has records which are kept in the regular course of business regarding all sums received and disbursed on the Defendam's mortgage loan. I have these r¢,cord~ in my possession and am therefore the custodian of these records. The reason for Plaintiffnot signing the instant verification is because it is the investor on thc mortgage loan and not familiar with the day-to-day activity on the mortgage loan. It is Fairb, nlt~ Capital Corporation, which keeps these account records, not the Plaintiff. The undersigned understands that fltis statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unworn falsification to authorities. For~cl6~r~ FEDERMAN AND PHELAN, LLP By: JENINE R. DAVEY, ESQUIRE IDENTIFICATION NO. 87077 ONE PENN CENTER PLAZA 1617 J.F.K. BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19102 (215) 563-7000 THE BANK OF NEW YORK, TRUST U/A DATED 12/1/01 (EQCC TRUST 2001-2) 338 SOUTH WARMINSTER ROAD HATBORO, PA 19040 Plaintiff go ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 024101 RICHARD M. WALLACE 112 NORTH 34TH STREET CAMP HILL, PA 17011 Defendant(s) SUGGESTION OF BANKRUPTCY DISMISSAL TO THE PROTHONOTARY: Defendant Richard Wallace filed a Chapter 13 bankruptcy case in the United States Bankruptcy Court for the Eastern District at Docket No. 1 02-06651-JJT on December 6, 2002. The Honorable Mary D. France signed an Order granting relief from the automatic stay on April 30, 2003. A true and correct copy of the order granting Relief from the automatic stay is attached hereto as Exhibit A. Date: {~e. ~e'~. Davey, Esquire / Attorney for Plaintiff wallace.suggofbkrelief EXHIBIT A IN ~ UNITED STATES BANKRUPTCY COURT FOR Ti:IF. MIDDLE DISTRICT OF PENNSYLVANIA Richard Wallace a/Wa Richard M. Wallace Debtor Bank of New York, as Trustee Movant V. Richard Wallace a/Wa Richard M. Wallace Respondent MAY O§ Bk. No. 1 02-06651JJT %"~~ 0 ! Z4 Chapter No. 13 11 U.S.C. §362 ORDER MODIFYING §362 AUTOMATIC STAY this~d ~y of ~ ,2003, upon Motion of Bank of New York, as NOW, Trustee, (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under §362 of the Bankruptcy Code I1 U.S.C. §362 is modified with respect to p~aises 112 N. 34th Street, C~mp Iti11, PA 17011, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises and ORDERgD that Rule 4001(aX3) is not applicable and Bank of New York, m Trustee may immediately enforce and implement this Order granting relief from the automatic stay. Is/MARY D. FRANCE United States Bankruptcy Judge CC: Judith T. Romano, Esquire One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 Charles J. DeHark 1~ Esquire (Trustee) P.O. Box 410 Hummelstown, PA 17036 Vieki Piontek, Esquire P.O. Box 173 Meetumicsburg, PA 17055 Richard Wallace a/Wa Richard M. Wallace 112 N. 34th Street Camp Hill, PA 17011 FEDERMAN AND PHELAN, LLP By: JENINE R. DAVEY, ESQUIRE IDENTIFICATION NO. 87077 ONE PENN CENTER PLAZA 1617 J.F.K. BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19102 (215) 563-7000 THE BANK OF NEW YORK, TRUST U/A DATED 12/1/01(EQCC TRUST 2001-2) 338 SOUTH WARMINSTER ROAD HATBORO, PA 19040 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 024101 RICHARD M. WALLACE 112 NORTH 34TH STREET CAMP HILL, PA 17011 Defendant(s) CERTIFICATION OF SERVICi~, TO THE PROTHONOTARY: Service upon the Defendants was made by sending a true and correct copy of the Suggestion of Bankruptcy Relief by U.S. First Class Mail on the date listed below. Richard Wallace 112 N. 34th Street Camp Hill, PA 17011 Charles J. DeHart, ffI, Esquire (Trustee) P.O. Box 410 Hummelstown, PA 17036 Date: May 19, 2003 Vicki Piontek, Esquire P.O. Box 173 Mechanicsburg, PA 17055 wallace.suggofok.relief 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 PLAINTIFF PHILADELPHIA, PA 19103 (215~ 563-7000 THE BANK OF NEW YORK, TRUST U/A DATED ! 2/1/01 (EQCC TRUST 2001-2) 338 SOUTH WARM1NSTER ROAD HATBORO, PA 19040 Plaintiff RICHARD M. WALLACE 112 NORTH 34TH STREET CAMP HILL, PA 17011 Defendant(s) ATTORNEY FOR COURT OF COMMON PLEAS CIVIL DiVISION TERM NO. 024101 CUMBERLAND COUNTY CERTIlZlCATION OF SERVICE I hereby certify a tree and correct copy of Plaintiffs Amended Civil Action Complaint was served by regular and certified mail on Defendant's counsel on the date listed below: Vicki Piontek, Esquire P.O. Box 173 Mechanicsburg, PA 17055 DATE: Attomey for Plaintiff FEDERMAN AND PHELAN, LLP BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 g 15) 563-7000 The Bank of New York, Trust U/A Dated 12/1/01 (EQCC Trust 2001-2) 338 South Warminster Road Hatboro, PA 19040 Plaintiff Richard M. Wallace 112 North 34th Street Camp Hill, PA 17011 Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 02-4101 .PRAECIPE Date: TO THE PROTHONOTARY: _ Please mark the above referenced case Discontinued and Ended without prejudice. ~_Please mark the above referenced case Settled, Discontinued and Ended. __.Please mark Judgments satisfied and the Action settled, discontinued and ended. _ Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. · _Please withdraw the complaint and mark ended without prejudice, the action discontinued and Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN, LLP BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 2~[.5 ) 563-7000 The Bank of New York, Trust U/A Dated 12/1/01 (EQCC Trust 2001-2) 338 South Warminster Road Hatboro, PA 19040 Plaintiff Richard M. Wallace 112 North 34th Street Camp Hill, PA 17011 Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 02-4101 PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. __ Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. _ .Please Vacate the judgment entered and mark ended without prejudice, the action discontinued and __ X _Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date:/~t~/~ I ' Frank Federman, Esquire Attorney for Plaintiff