HomeMy WebLinkAbout07-0438PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
PHH MORTGAGE CORPORATION
3000 LEADENHALL ROAD OR 4001
LEADENHALL ROAD
MOUNT LAUREL, NJ 08054
Plaintiff,
V.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-438-CIVIL TERM
PATRICK A. PELAR
Defendant(s). :
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter an in rem judgment in favor of the Plaintiff and against PATRICK A. PELAR ,
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 $153,485.69
Interest from 01/18/07 to 03/13/07 $1,958.55
TOTAL $155,444.24
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.
DANIEL G. SCHMIEG, ESQUIR -
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATE .
DATE: _ /ly, 6&1
PRO PROTHY
147469
PHELAN HALLINAN & SCHMIEG, LLP
By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Philadelphia, PA 19103
(215) 563-7000
PHH MORTGAGE CORPORATION : COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
Vs.
CUMBERLAND COUNTY
PATRICK A. PELAR
Defendant : NO. 07438-CIVIL TERM
TO: PATRICK A. PELAR
203 NORTH LOCUS POINT ROAD
MECHANICSBURG, PA 17050
FILE Cu"PY
DATE OF NOTICE: MARCH 2, 2007
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS
ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE
DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800)990-9108
A'?- S
F NCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
PHH MORTGAGE CORPORATION
3000 LEADENHALL ROAD OR 4001
LEADENHALL ROAD
Plaintiff,
V.
PATRICK A. PELAR
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-438-CIVIL TERM
VERIFICATION OF NON-MILITARY SERVICE
DANIEL G. SCHMIEG, 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 United States
or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress
of 1940, as amended.
(b) that defendant PATRICK A. PELAR is over 18 years of age and resides at, 203
NORTH LOCUS POINT ROAD, MECHANICSBURG, PA 17050.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
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DANIEL G. SCHMIEG, ESQ
Attorney for Plaintiff
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(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
PHH MORTGAGE CORPORATION
3000 LEADENHALL ROAD OR 4001
LEADENHALL ROAD
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
V.
PATRICK A. PELAR
CIVIL DIVISION
NO. 07-438-CIVIL TERM
Defendant(s).
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ANIEL G. SCHMIEG, ESQUI?
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
"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."
Notice is given that a Judgment in the above-captioned matter has been entered against you on
200
By:
If you have any questions concerning this matter, please contact:
4 -r
(800) 990-9108
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
PHH MORTGAGE CORPORATION
Plaintiff,
V.
PATRICK A. PELAR
Defendant(s).
No. 07-438-CIVIL TERM
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
Interest from 03/13/07 to JUNE 135, 2007
(per diem -$25.55)
TOTAL
$155,444.24
$2,350.60 and Costs
$159,706.34
DANIEL G. SCHMIEG, ESQ
One Penn Center at Suburban S on
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
Note: Please attach description of property.No.
IMPORTANT NOTICE: This property is sold at the direction of the
plaintiff. It may not be sold in the absence of a representative of
the plaintiff at the Sheriff's Sale. The sale must be postponed or
stayed in the event that a representative of the plaintiff is not
present at the sale.
147469
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DESCRIPTION
ALL THAT CERTAIN lot of ground with improvements thereon situate in Silver Spring Township,
Cumberland County, State of Pennsylvania, on the West side of Locust Point Road, bounded and
described as follows, to wit:
BEGINNING at a point in the center line of said Locust Point Road, at the corner of Lot No. 5, as
shown in the hereinafter mentioned Plan of Lots; thence along the center line of said Locust Point
Road, South 21 degrees 54 minutes East, 107.52 feet to a point at the corner of land of Calvin R.
Asper; thence along said land of Calvin R. Asper, and continuing along other land of Albert F. Kost,
Jr. and Beatrice F. Kost, his wife, South 65 degrees 30 minutes West 200.21 feet to an iron pin;
thence along said other land of Albert F. Kost, Jr. and Beatrice F. Kost, his wife, North 21 degrees 54
minutes West, 116.6 feet to an iron pin at the corner of Lot No. 5 aforesaid; thence along the line of
said Lot No. 5, North 68 degrees 6 minutes East, 200 feet to an iron pin in the center line of Locust
Point Road, aforesaid, the place of BEGINNING.
BEING Lot No. 6 in the Subdivision Plan of Albert F. Kost, Jr., as recorded in the Recorder's Office
in and for Cumberland County, Pennsylvania, in Plan Book 37, Page 112.
UNDER AND SUBJECT to all rights, restrictions, easements and rights-of-way of prior record.
BEING the same premises which BLAINE N. ROLAND and VONNIE G. ROLAND, his wife, by
deed dated November 9, 1998 and recorded December 28, 1998 in the Recorder of Deeds Office in
and for Cumberland County in Deed Book 191, Page 866, granted and conveyed unto VONNIE G.
ROLAND, Grantor herein.
PARCEL IDENTIFICATION NO: 38-08-0569-002C
Premises: 203 North Locust Point Road, Mechanicsburg, PA 17050
Silver Spring Township, Cumberland County
Pennsylvania
RECORD OWNER
TITLE TO SAID PREMISES IS VESTED IN Patrick A. Pelar, a married person, by Deed from
Vonnie G. Roland, a single person, dated 12/10/2004, recorded 12/13/2004, in Deed Book 266, page
3433.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-438 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Plaintiff (s)
From PATRICK A. PELAR
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $155,444.24
L.L. $.50
Interest FROM 3/13/07 TO 6/13/07 (PER DIEM - $25.55) -- $2,350.60 AND COSTS
Atty's Comm % Due Prothy $1.00
Atty Paid $125.84
Plaintiff Paid
Date: MARCH 14, 2007
(Seal)
REQUESTING PARTY:
Name DANIEL G. SCHMIEG, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Other Costs
L"Uputy
Supreme Court ID No. 62205
PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
PHH MORTGAGE CORPORATION .
Plaintiff,
V.
PATRICK A. PELAR
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-438-CIVIL TERM
CERTIFICATION
DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
( ) non-owner occupied
( ) vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
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DANIEL G. SCHMIEG, ESQUUd-
Attorney for Plaintiff
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PHH MORTGAGE CORPORATION
CUMBERLAND COUNTY
Plaintiff,
V. COURT OF COMMON PLEAS
PATRICK A. PELAR CIVIL DIVISION
Defendant(s). NO. 07-438-CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
PHH MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G.
SCHMIEG, 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 203 NORTH LOCUS POINT ROAD,
MECHANICSBURG, PA 17050.
1. Name and address of Owner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
PATRICK A. PELAR
203 NORTH LOCUS POINT ROAD
MECHANICSBURG, PA 17050
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC
8201 GREENSBORO DRIVE, STE. 350
MCLEAN, VA 22102
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)
None
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.
Name 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:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
203 NORTH LOCUS POINT ROAD
MECHANICSBURG, PA 17050
13 North Hanover Street
Carlisle, PA 17013
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 unsworn falsification to authorities.
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March 13, 2007
DATE DANIEL G. SCHMIEG, ESQU
Attorney for Plaintiff
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PHH MORTGAGE CORPORATION
Plaintiff,
V.
CUMBERLAND COUNTY
No. 07-438-CIVIL TERM
PATRICK A. PELAR
Defendant(s).
March 13, 2007
TO: PATRICK A. PELAR
203 NORTH LOCUS POINT ROAD
MECHANICSBURG, PA 17050
"THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY"
Your house (real estate) at, 203 NORTH LOCUS POINT ROAD, MECHANICSBURG, PA
17050, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland
County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of
$155,444.24 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the
event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P.,
Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff s Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
DESCRIPTION
ALL THAT CERTAIN lot of ground with improvements thereon situate in Silver Spring Township,
Cumberland County, State of Pennsylvania, on the West side of Locust Point Road, bounded and
described as follows, to wit:
BEGINNING at a point in the center line of said Locust Point Road, at the corner of Lot No. 5, as
shown in the hereinafter mentioned Plan of Lots; thence along the center line of said Locust Point
Road, South 21 degrees 54 minutes East, 107.52 feet to a point at the corner of land of Calvin R.
Asper; thence along said land of Calvin R. Asper, and continuing along other land of Albert F. Kost,
Jr. and Beatrice F. Kost, his wife, South 65 degrees 30 minutes West 200.21 feet to an iron pin;
thence along said other land of Albert F. Kost, Jr. and Beatrice F. Kost, his wife, North 21 degrees 54
minutes West, 116.6 feet to an iron pin at the corner of Lot No. 5 aforesaid; thence along the line of
_said-Lot N-6. -5 North 6$-de --ees 6m ---- -- - - -
grinutes??60 feet to -an- iron pin in the center line of Locust
Point Road, aforesaid, the place of BEGINNING.
BEING Lot No. 6 in the Subdivision Plan of Albert F. Kost, Jr., as recorded in the Recorder's Office
in and for Cumberland County, Pennsylvania, in Plan Book 37, Page 112.
UNDER AND SUBJECT to all rights, restrictions, easements and rights-of-way of prior record.
BEING the same premises which BLAINE N. ROLAND and VONNIE G. ROLAND, his wife, by
deed dated November 9, 1998 and recorded December 28, 1998 in the Recorder of Deeds Office in
and for Cumberland County in Deed Book 191, Page 866, granted and conveyed unto VONNIE G.
ROLAND, Grantor herein.
PARCEL IDENTIFICATION NO: 3 8-08-0569-002C
Premises: 203 North Locust Point Road, Mechanicsburg, PA 17050
Silver Spring Township, Cumberland County
Pennsylvania
RECORD OWNER
TITLE TO SAID PREMISES IS VESTED IN Patrick A. Pelar, a married person, by Deed from
Vonnie G. Roland, a single person, dated 12/10/2004, recorded 12/13/2004, in Deed Book 266, page
3433.
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PHELAN HALLINAN & SCHMIEG, LLP
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 _ 147469
PHH MORTGAGE CORPORATION
3000 LEADENHALL ROAD
OR 4001 LEADENHALL ROAD
MOUNT LAUREL, NJ 08054
V.
PATRICK A. PELAR
203 NORTH LOCUST POINT ROAD
MECHANICSBURG, PA 17050
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff TERM
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NO. 0/1 ^
CUMBERLAND COUNTY
Defendant
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your defenses
or objections to the claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court without further notice for
any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
File 4: 147469
0
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM
THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE
DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S)
DO SO IN WRITING WITHIN THIRTY (30) DAYS OF
RECEIPT OF THIS PLEADING, COUNSEL FOR
PLAINTIFF WILL OBTAIN AND PROVIDE
DEFENDANT(S) WITH WRITTEN VERIFICATION
THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED
TO BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING,
COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S)
THE NAME AND ADDRESS OF THE ORIGINAL
CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL
THE END OF THE THIRTY (30) DAY PERIOD
FOLLOWING FIRST CONTACT WITH YOU BEFORE
SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH
THE LAW PROVIDES THAT YOUR ANSWER TO THIS
COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN
TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION
OF THAT TIME. FURTHERMORE, NO REQUEST WILL
BE MADE TO THE COURT FOR A JUDGMENT UNTIL
THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU
HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME
AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW
REQUIRES US TO CEASE OUR EFFORTS (THROUGH
LITIGATION OR OTHERWISE) TO COLLECT THE DEBT
UNTIL WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY FOR
ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A
DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT
A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON
REAL ESTATE.
File #: 147469
Plaintiff is
PHH MORTGAGE CORPORATION
3000 LEADENHALL ROAD
OR 4001 LEADENHALL ROAD
MOUNT LAUREL. NJ 08054
The name(s) and last known address(es) of the Defendant(s) are:
PATRICK A. PELAR
203 NORTH LOCUST POINT ROAD
MECHANICSBURG, PA 17050
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
On 12/10/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS
A NOMINEE FOR ERA MORTGAGE which mortgage is recorded in the Office of the
Recorder of CUMBERLAND County, in Book: 1891, Page: 613. PLAINTIFF is now the legal
owner of the mortgage and is in the process of formalizing an assignment of same.
4. The premises subject to said mortgage is described as attached.
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 09/01/2006 and each month thereafter are due and unpaid, and by the terms of said
mortgage, upon failure of mortgagor to make such payments after a date specified by written
notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible
forthwith.
File #: 147469
6. The following amounts are due on the mortgage:
Principal Balance $145,374.54
Interest 6,053.70
08/01/2006 through 01 / 17/2007
(Per Diem $35.61)
Attorney's Fees 1,250.00
Cumulative Late Charges 233.08
12/10/2004 to 01 / 17/2007
Cost of Suit and Title Search 550.00
Subtotal $ 153,461.32
Escrow
Credit 0.00
Deficit 24.37
Subtotal 24.37
TOTAL $ 153,485.69
The attorney's fees set forth above are in conformity with the mortgage documents and
Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If
the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged.
Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency
Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as
required by the mortgage document, as applicable, have been sent to the Defendant(s) on the
date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because
Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit
counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance
Agency.
This action does not come under Act 6 of 1974 because the original mortgage amount exceeds
$50,000.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$ 153,485.69, together with interest from 01/17/2007 at the rate of $35.61 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.
PH HALLINAN & SCHMIEG, LLP
By: ncis S Hallll na?
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 147469
LEGAL DESCRIPTION
ALL. THAT CERTAIN lot of ground situate in the Township of Silver Spring, County of Cumberland and State of
Pennsylvania, on the West side of Locust Point Road, bounded and described as follows, to wit:
BEGINNING at a point in the center line of said Locust Point Road, at the corner of Lot No. 5, as shown in the hereinafter
mentioned Plan of Lots; thence along the center line of said Locust Point Road, South 21 degrees 54 minutes East, 107.52
feet to a point at the corner of land of Calvin R. Asper; thence along said land of Calvin R. Asper, and continuing along
other land of Albert F. Kost, Jr. and Beatrice F. Kost, his wife, South 65 degrees 30 minutes West 200.21 feet to an iron
pin; thence along said other land of Albert F. Kost, Jr. and Beatrice F. Kost, his wife, North 21 degrees 54 minutes West,
116.6 feet to an iron pin at the corner of Lot No. 5 aforesaid; thence along the line of said Lot No. 5, North 68 degrees 06
minutes East, 200 feet to an iron pin in the center line of Locust Point Road aforesaid, the place of BEGINNING.
BEING Lot No. 6 in the Subdivision Plan, of Albert F. Kost, Jr., as recorded in the Recorder's Office in and for
Cumberland County, Pennsylvania, in Plan Book 37, Page 112.
UNDER AND SUBJECT to all rights, restrictions, easements and rights-of-way of prior record.
BEING THE SAME PREMISES which Vonnie G. Roland, by her deed to be recorded simultaneously herewith in the
Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Patrick A. Pelar.
PROPERTY BEING: 203 NORTH LOCUST POINT ROAD
I i1c v 147469
FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF
in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not
be obtained within the time allowed for the filing on 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 his knowledge, information and belief.
The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S.
Sec. 4904 relating to unworn falsification to authorities.
DATE: / ??
FRANCIS S. HALLINAN, ESQUIRE
Attorney for Plaintiff
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AFFIDAVIT OF SERVICE
PLAINTIFF PHH MORTGAGE CORPORATION
DEFENDANT(S) PATRICK A. PELAR
SERVE PATRICK A. PELAR AT
203 NORTH LOCUS POINT ROAD
MECHANICSBURG, PA 17050
CUMBERLAND COUNTY
No. 07-438-CIVIL TERM
ACCT. #0029686361
Type of Action
- Notice of Sheriffs Sale
Sale Date: JUNE 13, 2007
SERVED
Served and made known to P4-f o< Defendant, on the 3 Fd day of P P-1 L 2007
at-&'t7 , o'clock ?.m., at o2?3 1Y . Locw57 %,;f P M" an t CS bu G , Commonwealth
of Pennsylvania, in the manner described below:
Defendant personally served. JA)
Adult family member with whom Defendant(s) reside(s). Name and Relationship is A) f i-?
Adult in charge of Defendant(s)'s residence who refused to give name or relationship.
Manager/Clerk of place of lodging in which Defendant(s) reside(s).
Agent or person in charge of Defendant(s)'s office or usual place of business.
an officer of said Defendant(s)'s company.
Other:
Description: Age 3( Height SW Weight 140 Race W Sex 17- Other
I, _ iG 0 M A-CAS Mai-, a competent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at
the address indicated above.
Sworn to d su scribed
e7 day
.
By.
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MP E T LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED.
State of New Jersey NOT SERVED
PATRICIA E. HARRIS
Co? is ion Expires Ju a 16 2008
Une day of , 200. at o'clock _ m., Defendant NOT FOUND because:
Moved Unknown No Answer Vacant
1st Attempt: Time: 2°d Attempt: Time:
3rd Attempt: Time:
Sworn to and subscribed
before me this day
of 200
Notary: By:
Attorney for Plaintiff
Daniel G. Schmieg, Esquire - I.D. No. 62205
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IN THE COURT OF COMMON PLEAS OF
CIVIL ACTION - LAW
PHH MORTGAGE CORPORATION
VS.
PATRICK A. PELAR
AFFIDAVIT PURSUAI
AND RETURN OF SERI
Pa. R.C.P. 405 OF N
Plaintiff in the above action sets
Execution was filed the following information
SALE DATE: NNE 13, 2007
COUNTY, PENNSYLVANIA
vo.: 07-438-CIVIL TERM
C TO RULE 3129.1
CE PURSUANT TO
TICE OF SALE
as of the date the Praecipe for the Writ of
the real property located at:
PA 1
As required by Pa. R.C.P. 3129.2(a) ? Notice of Sale has been given in the manner
required by Pa. R.C.P. 3129.2(c) on each of the pe=Affidavit s named, at that address set forth
on the attached Affidavit No. 2 (previously filed) No. 2 on the date
indicated, and a copy of the notice is attached as a Exhibit. A copy of the Certificate of Mailing
(Form 3817) and/or Certified Mail Return Receipt tamped by the U.S. Postal Service is attached
for each notice.
DANIEL SCHMIEG, ESQ
Attorney for Plaintiff
May 24, 2007
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` PHELAN HALLINAN & SCHMIEG, LLP
BY: FRANCIS S. HALLINAN, ESQUIRE
Identification No. 62695
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
PHH Mortgage Corporation
Patrick A. Pelar
Plaintiff
VS.
Defendant(s)
PRAECIPE
TO THE PROTHONOTARY:
ATTORNEY FOR PLAINTIFF
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 07-438 CIVIL TERM
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.
X Please Vacate the judgment entered and mark the action discontinued and
ended without prejudice.
Please withdraw the complaint and mark the action discontinued and
ended without prejudice.
Date: (C' It-4 /v
Francis S. Hallinan, Esquire
Attorney for Plaintiff
PHS# 147469
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-00438 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PHH MORTGAGE CORPORATION
VS
PELAR PATRICK A
STEPHEN BENDER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
PELAR PATRICK A
the
DEFENDANT , at 1515:00 HOURS, on the 9th day of February , 2007
at 203 NORTH LOCUST POINT ROAD
MECHANICSBURG, PA 17050
DEANN PELAR, WIFE
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
Service
Affidavit
Surcharge
Sworn and Subscibed to
before me this
So Answers:
18.00
15.84 ?d?
.00
10.00 R. Thomas Kline
,, ,,
43.84 02/12/2007
p PHELAN HALLINAN SCHMIEG
1?DFY
By.
day D uty S eriff
of A. D.
PHH Mortgage Corporation
VS
Patrick A. Pelar
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2007-438 Civil Term
Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on
March 22, 2007 at 1455 hours, he served a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendant to wit: Patrick A. Pelar,
by making known unto Deann Pelar, wife of Patrick A. Pelar, at 203 North Locust Point Road,
Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her
personally the said true and correct copy of the same.
Cpl. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on
April 18, 2007 at 0840 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster
and Description, in the above entitled action, upon the property of Patrick A. Pelar, located at 203
North Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the
above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff
mailed a notice of the pendency of the action to the within named defendant, to wit: Patrick A.
Pelar, by regular mail to his last known address of 203 North Locust Point Road, Mechanicsburg,
PA 17050. This letter was mailed under the date of April 5, 2007 and never returned to the Sheriff s
Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is
returned STAYED per letter of instruction from Attorney Daniel Schmieg.
Sheriffs Costs:
Docketing 30.00
Poundage 326.61
Advertising 15.00
Posting Handbills 15.00
Mileage 13.44
Levy 15.00
Surcharge 20.00
Law Library .50
Prothonotary 1.00
Share of Bills 16.17
Law Journal 431.00
Patriot News 381.95
$1,265.67
So Answers: R. Thomas Kline, Sheriff
BY Ia
Real Estate Sergeant
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PHH MORTGAGE CORPORATION
Plaintiff,
V.
PATRICK A. PELAR
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 07-438-CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. l)
PHH MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G.
SCHMIEG, 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 ,203 NORTH LOCUS POINT ROAD,
MECHANICSBURG, PA 17050.
1. Name and address of Owner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
PATRICK A. PELAR
203 NORTH LOCUS POINT ROAD
MECHANICSBURG, PA 17050
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC
8201 GREENSBORO DRIVE, STE. 350
MCLEAN, VA 22102
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)
None
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.
Name
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:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
203 NORTH LOCUS POINT ROAD
MECHANICSBURG, PA 17050
13 North Hanover Street
Carlisle, PA 17013
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 unworn falsification to authorities.
March 13, 2007
DATE DANIEL G. SCHMIEG, ESQU
Attorney for Plaintiff
PHH MORTGAGE CORPORATION
Plaintiff,
V.
PATRICK A. PELAR
Defendant(s).
CUMBERLAND COUNTY
No. 07-438-CIVIL TERM
March 13, 2007
TO: PATRICK A. PELAR
203 NORTH LOCUS POINT ROAD
MECHANICSBURG, PA 17050
"THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN
BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAMST PROPERTY."
Your house (real estate) at, 203 NORTH LOCUS POINT ROAD, MECHANICSBURG, PA
17050, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland
County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of
$155,444.24 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the
event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P.,
Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
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DESCRIPTION
ALL THAT CERTAIN lot of ground with improvements thereon situate in Silver Spring Township,
Cumberland County, State of Pennsylvania, on the West side of Locust Point Road, bounded and
described as follows, to wit:
BEGINNING at a point in the center line of said Locust Point Road, at the corner of Lot No. 5, as
shown in the hereinafter mentioned Plan of Lots; thence along the center line of said Locust Point
Road, South 21 degrees 54 minutes East, 107.52 feet to a point at the corner of land of Calvin R.
Asper; thence along said land of Calvin R. Asper, and continuing along other land of Albert F. Kost,
Jr. and Beatrice F. Kost, his wife, South 65 degrees 30 minutes West 200.21 feet to an iron pin;
thence along said other land of Albert F. Kost, Jr. and Beatrice F. Kost, his wife, North 21 degrees 54
minutes West, 116.6 feet to an iron pin at the corner of Lot No. 5 aforesaid; thence along the line of
said Lot No. 5, North 68 degrees 6 minutes East, 200 feet to an iron pin in the center line of Locust
Point Road, aforesaid, the place of BEGINNING.
BEING Lot No. 6 in the Subdivision Plan of Albert F. Kost, Jr., as recorded in the Recorder's Office
in and for Cumberland County, Pennsylvania, in Plan Book 37, Page 112.
UNDER AND SUBJECT to all rights, restrictions, easements and rights-of-way of prior record.
BEING the same premises which BLAINE N. ROLAND and VONNIE G. ROLAND, his wife, by
deed dated November 9, 1998 and recorded December 28, 1998 in the Recorder of Deeds Office in
and for Cumberland County in Deed Book 191, Page 866, granted and conveyed unto VONNIE G.
ROLAND, Grantor herein.
PARCEL IDENTIFICATION NO: 38-08-0569-002C
Premises: 203 North Locust Point Road, Mechanicsburg, PA 17050
Silver Spring Township, Cumberland County
Pennsylvania
RECORD OWNER
TITLE TO SAID PREMISES IS VESTED IN Patrick A. Pelar, a married person, by Deed from
Vonnie G. Roland, a single person, dated 12/10/2004, recorded 12/13/2004, in Deed Book 266, page
3433.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 07-438 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:'
To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Plaintiff (s)
From PATRICK A. PELAR
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $155,444.24 L.L. $.50
Interest FROM 3/13/07 TO 6/13/07 (PER DIEM - $25.55) -- $2,350.60 AND COSTS
Atty's Comm %
Atty Paid $125.84
Plaintiff Paid
Date: MARCH 14, 2007
Due Prothy $1.00
Other Costs
(Seal)
Deputy
REQUESTING PARTY:
Name DANIEL G. SCHMIEG, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 62205
Real Estate Sale # 95
On March 16, 2007 the Sheriff levied upon the
defendant's interest in the real property situated in
Silver Spring Township, Cumberland County, PA
Known and numbered as 203 North Locust Point Road,
Mechanicsburg, more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: March 16, 2007 By: jod
Real Estate Sergeant
1 1
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
April 20, 27, May 4, 2007
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL ESTATE SALE NO. 85
Writ No. 2007-438 Civil
PHH Mortgage Corporation
vs.
Patrick A. Pelar
Atty.: Daniel Schmieg
DESCRIPTION
ALL THAT CERTAIN lot of ground
with improvements thereon situate
in Silver Spring Township, Cumber-
land County, State of Pennsylvania,
on the West side of Locust Point
Road, bounded and described as
follows, to wit:
BEGINNING at a point in the cen-
ter line of said Locust Point Road,
at the corner of Lot No. 5, as shown
in the hereinafter mentioned Plan
of Lots; thence along the center line
of -A T-,.d D.v,k =--A . _2i.
7; ?2? ,
i Marie Coyne, ditor
SWORN TO AND SUBSCRIBED before me this
__A _day of May, 2007
LC'* 'r-,'. !,Vary Pi bl'c
C- i COL. V
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Shannon D. Billhime, being duly sworn according to law, deposes and says:
That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever
since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the
2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
SALE#95
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Sworn to and
NUta6a! Seal Public
ferry L Russell, Notary City Of Harrisburg, Dauphin CourdY
ly?y mmiss -xp?resJune6,2010
Mem r. Penn va ? Association of Notaries
N
ARY PUBLIC
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
A.D.
' pv -'Pe caii ar LoG i?
r?moesloq??.? ??
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
April 20, 27, May 4, 2007
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
2? ,
i Marie Coyne, ditor
SWORN TO AND SUBSCRIBED before me this
4 day of May, 2007
L??c `,? ; pry P?sb!'c
00t;-1 V
REAL ESTATE SALE NO. 95
Writ No. 2007-438 Civil
PHH Mortgage Corporation
vs.
Patrick A. Pelar
Atty.: Daniel Schmieg
DESCRIPTION
ALL THAT CERTAIN lot of ground
with improvements thereon situate
in Silver Spring Township, Cumber-
land County, State of Pennsylvania,
on the West side of Locust Point
Road, bounded and described as
follows, to wit:
BEGINNING at a point in the cen-
ter line of said Locust Point Road,
at the corner of Lot No. 5, as shown
in the hereinafter mentioned Plan
of Lots; thence along the center line
of said Locust Point Road, South 21
degrees 54 minutes East, 107.52
feet to a point at the corner of land
of Calvin R. Asper; thence along
said land of Calvin R. Asper, and
continuing along other land of Albert
F. Kost, Jr. and Beatrice F. Kost,
his wife, South 65 degrees 30 min-
utes West 200.21 feet to an iron
pin: thence along said other land of
Albert F. Kost, Jr. and Beatrice F.
Kost, his wife. North 21 degrees 54
minutes West. 116.6 feet to an iron
pin at the corner of Lot No. 5 afore-
said; thence along the line of said
Lot No. 5, North 68 degrees 6 min-
utes East, 200 feet to an iron pin in
the center line of Locust Point Road,
aforesaid, the place of BEGINNING.
BEING Lot No. 6 in the Subdivi-
sion Plan of Albert F. Kost, Jr., as
recorded in the Recorder's Office
in and for Cumberland County,
Pennsylvania, in Plan Book 37, Page
112.
UNDER AND SUBJECT to all
rights, restrictions, easements and
rights-of-way of prior record.
BEING the same premises which
BLAINE N. ROLAND and VONNIE
G. ROLAND, his wife, by deed dated
November 9, 1998 and recorded
December 28, 1998 in the Recorder
of Deeds Office in and for Cumber-
land County in Deed Book 191, Page
866, granted and conveyed unto
VONNIE G. ROLAND, Grantor here-
in.
PARCEL IDENTIFICATION NO:
38-08-0569-002C.
Premises: 203 North Locust Point
Road, Mechanicsburg. PA 17050,
Silver Spring Township, Cumberland
County, Pennsylvania.
RECORD OWNER
TITLE TO SAID PREMISES IS
VESTED IN Patrick A. Pelar, a mar-
ried person, by Deed from Vonnie
G. Roland, a single person, dated
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Shannon D. Billhime, being duly sworn according to law, deposes and says:
That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever
since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the
2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
c
SALE#95
Sworn to and subscribgi?jl}ygy@p11?11 007 A.D.
Notarial Seal '?c
Terry L. Russell, Notary Public Of Harrisburg, Dauphin CountY
?qy mmiss `xpires June 6, 2010
Mern r. Penn va a Association of Notaries
l
N ARY PUBLIC
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
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