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HomeMy WebLinkAbout03-0963 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTWF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 03'- CftA3 ~1I;1 t v. ERIC J. BLASCHAK 155 SOUTH ENOLA DRIVE ENOLA, P A 17025 CUMBERLAND COUNTY STACY M. BLASCHAK 155 SOUTH ENOLA DRIVE ENOLA, P A 17025 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, TillS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. W 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. Loan #: 8239354 CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 IF TillS 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. I. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner oflegal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: COUNTRYWIDE HOME LOANS, INC. (PLANO, TX) 6400 LEGACY DRIVE PLANO, TX 75024-3632 2. The name(s) and last known address(es) of the Defendant(s) are: ERIC J. BLASCHAK 155 SOUTH ENOLA DRIVE ENOLA, P A 17025 STACY BLASCHAK 155 SOUTHENOLADRIVE ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 9/8/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1638, Page 639. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/0 1/2002 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. 6. The following amounts are due on the mortgage: Principal Balance Interest 09/01/2002 through 03/03/2003 (Per Diem $12.26) Attorney's Fees Cumulative Late Charges 09/08/2000 to 02/01/2003 Cost of Suit and Title Search Subtotal $47,095.76 2,255.84 1,250.00 79.32 $ 550.00 $ 51,230.92 Escrow Credit Deficit Subtotal 0.00 38.70 $ 38.70 TOTAL $ 51,269.62 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. 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) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 51,269.62, together with interest from 03/03/2003 at the rate of$12.26 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN AND PHELAN, LLP By: IslFrancis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL ~ ~ C~act o~ pareRl of land.~ituate 1n the Township of Ea,e Penn9bo~o, County of C~erland, and State 0: ~enn$Ylvania, more part1~ul~rly boundea and described ~3 tollows; aE~ at a pOint ae the corner of State Road and Broad Street, as shown en ~he Revised Plan of tots ~= laid out by the Ha~ry Bender t3tute, said ~lan beini recoreod in the Office of the Recot"der at Dee~ in and for :!laid County of C~e~l.nd in Plan Book 1, Paqe 40; thence acuthw~~dly along ~he et~re~a1d Broad Street.iSO tece ~o Seeon~ Street; thence in a southeas~erly direction ~lon9 Second S~reet; a di~~ance of 20 feet to a pointl thcn~e in a no~theastarly direction through the COrner ot Lot No. 10, of.which said property , tnis is a part, as well as ~hrouqh the center of a ~d~titie~ ~all ot a two and one-hal~'story dou~le frame dwelling ~ou8e~ 150 feet to aforesaid'St~te RO~d; :hence in a nort~we3~erly d!:cc:ion alo~q a!orasaid S~ata ~oad. 20 teet to a point at Place of ~~. uv:::ifa ~ ~ the western naIf of a c.wo and cne- h.l: ~tO&Y ~ra~o dwelling heuse, known a3 NQ, lSS S~Ate Road, ~nola, Pennsylvania, ~~~ as 155 South Enol~ Cr1v~, Enola, pennsylvania. BEZNG the S811l.l!1 pramis!!s which EVEI.'!N M. FERRANT!, widOW, by deed dated April 11, 1992, and teco.dud in ~he Recorder of Deeds offics in and fer Cumberlan~ Coun~y, ~ennaylvania, in Book ~ 35, Paqe 575, qrantad and convoyod unto JOSE~H A. FE~RANTI, JR., Granto~ herein. PROPERTY ADDRESS; 155 SOUTH ENOLA DRIVE VERIFICATION BRANDON SCIUMBATO hereby states that he is FIRST VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure 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 unsworn falsification to authorities. DATE:~Z<b(03 ~ 1:::. .......... vJ V'\ ~ G --z ~ ~ ~ ~ 1 ~ '" ~ V'\ V'1 ~ {) 'J ~ ~ o -- ::-- :::. ':> .':::> ..,.. ~ ;. Ci') : ..;..... ----.: -" r-:-- .~:->~ ~., J> ;z: >- o c ..,. .~~ -<: @ c' - ~. .::1 =:'~ -..;:- f --' : ( ,- " J :G --..... .. :...'1 en s -< ,~ ...,-'" 'f ~+~ 0-\\ ~fI-rN <~ ~ {r.J- 3( \? YOPKTOWNE BUSINESS FOMRS . (717) 225-0363 . FAX (717) 225-0367 \~ COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY UNE 1 THRU 12 DO NOT DETACH ANY COPIES 1, PLAINTIFF/SI 2, CQURT NJ.!MBE~ 03-963 clvil 4, TYPE OF WRIT OR COMPLAINT Notice & Complaint in BLASCHAK & STACY M. BLASCHAK MORTGAGE FORECLOSURE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC, TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC 3. DEFENDANT/SI { XKKXXXXKXXXRHXKXX ERIC J BLASCHAK 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO" CITY, BORO, TWP., STATE AND ZIP CODE) 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES ADVANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 10. TELEPHONE NUMBER 13 ..o.t~I{f}ED 9. TYPE NAME and ADDRESS of ATTORNEY I OR FRANK FEDERMAN mpleted if notice is to be mailed). ONE PENN CENTER, SUITE 1400, PHILA PA 19103 CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ 14. DATE RECEIVED or complaint as indicated above. 3 - 6 - 03 15, Expiration/Hearing Date 4-3-03 16, HOW SERVED: PERSONAL RESIDENCE ( POSTED ( ) POEt ) SHERIFF'S OFFICE ( ) OTHER ( SEE REMARKS BELOW I h Y certify and retum a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remar1<s below.) E AND TITLE OF. INDIVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) Int. lJ ~~ ~~~..o: 41. AFFIRMED aAcp~'ftribed to beforwe this 42. day of , 20 4 ~ 23. Mf01j ~ 48. Signature 0 Foreign County Sheriff 50. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE Notarial Seal James V. Vangreen, Notary Public City of York, York County. PA My Commission Expires Mar. 21. 2005 51. DATE RECEIVED 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4, BLUE - Sheriffs Office YORKTOWNE BUSINESS FOMRS. (717) 225-0363. FAX (717) 225-0367 ;J -L,5 ;;::;"/"(i . J i I r r ,"'~ 9-M GQUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONI.Y UNE 1 THRU 12 DO NOT DETACH ANY COPIES 1. PLAINTIFFISI 2. COURT NUMBER 03-961 civil 4. TYPE OF WRIT OR COMPLAINT Notice & Canplaint in MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. 3. DEFENDANTISI SERVE . AT 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. STAC,V M RT,ASc'HAK 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE) 11 MORA1H nRTV"F.. nTT,T.SRTTR~ PA 1701Q 7. INDICATE SERVICE: 0 PERSONAL 0 PERSON IN CHARGE XXXoEPUTIZE (]mR:Gl"'~lTY*,IL 0 1ST CLASS MAIL 0 POSTED o OTHER March 5 ,20 .Q.L I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of Vnrk COUNTY to execute this Wri ~ return ther 0 ording to law. This deputization being made at the request and risk of the plaintiff. "" ..... ""... E IF NOW 8. SPECiAl INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: OUT OF COUNTY CUMBERLAND PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES ADVANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 12. SEND NOTICE OF SERVICE COPY TO NAME 10. TELEPHONE NUMBER 11. DAWILED (215)563-7000 3/~03 4 9. TYPE NAME and ADDRESS of ATTORNEY I ORIG FRANK FEDERMAN ONE PENN CENTER, SUITE 1400, PHILA PA 19103 CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. 3-6-03 4-3-03 POE( ) SHERIFF'S OFFICE ( ) OTHER ( SEE REMARKS BELOW In!. 41. AFFIRMED and sUbA~lff~ beforOj'ethS" 1f,7iJ 42. day of ,20_43 F'~_IJ;y;f:NOT Notarial Seal J.~es V. Va~green, Notary Public Ity ~f Yo, e,'cr:., County, PA My Commission r- '-""Jr. Mar, 21, 2005 SO. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S R - OF AUTHORIZED ISSUING AUTHORITY AND TITLE 33. Costs Due or Refund Check 1\ 23. Advance Costs 40. Costs Due or Refund .,.., .. 48. Signature of Fo County Sheriff N StGNATURE DATE RECEIVED 1. WHITE - Issuing Authority 2. PINK - Atlomey 3. CANARY - Sheriff's Office 4, BLUE - Sheriff's Office SHERIFF'~ RETURN - NOT FOUND CASE NO: 2003-00963 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS BLASCHAK ERIC J ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BLASCHAK ERIC J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BLASCHAK ERIC J 155 SOUTH ENOLA DRIVE ENOLA, PA 17025 CURRENT ADDRESS IS 11 MORARI DRIVE DILLSBURG. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 10.35 5.00 10.00 .00 43.35 County FEDERMAN & PHELAN 04/15/2003 Sworn and subscribed to before me i .., day of d~ this ~ t!1.L:f 3 A . D . ~ ~~_.. - () prothonotar V\ ,0"5 SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-00963 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS BLASCHAK ERIC J ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BLASCHAK STACY M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BLASCHAK STACY M 155 SOUTH ENOLA DRIVE ENOLA, PA 17025 DEFENDANT'S CURRENT ADDRESS IS 11 MORARI DRIVE DILLSBURG. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 7 _ So ~. sw.ers.:.. ................_..:::::>.........:---.../~/ ____-/// ~~/ ..' -R. Th~ri~ Sheriff of Cumberland County FEDERMAN & PHELAN 04/15/2003 Sworn and subscribed to before me this '~7 day of ~ ,;l.oll7 A.D. 4~ ~ ~J,.. ~,~ - I Prothonotary Q .tho ~ SHERIFF.'S R~TURN - OUT OF COUNTY CASE NO: 2003-00963 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS BLASCHAK ERIC J ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BLASCHAK ERIC J but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On April 15th , 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep York County 45.28 .00 70.28 04/15/2003 FEDERMAN & PHELAN ~~ Sheriff of Cumberland County Sworn and subscribed to before me this j 7 day of ~ ;;l a:J3 A.D. -4J~J:~ ~~ -/JejH~ o rotho otary - SHERIFF.' S RE,TURN - OUT OF COUNTY CASE NO: 2003-00963 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS BLASCHAK ERIC J ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BLASCHAK STACY M but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On April 15th , 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: So Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 04/15/2003 FEDERMAN & PHELAN . ;;/ Sworn and subscribed to before me this t 1 day of ~A 'J c2t:?p_"T A,D. ~.: '~ta;yA~ 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 A TfORNEY FOR PLAINTIFF COlJRT OF COMMON PLEAS CNIL DNISION MORTGAGEELECTRONlC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRNE, SUITE 350 MCLEAN, VA 22102 Plaintiff TERM 3 01_'''' C{l,~ ( NO.O - ( ~ v. CUMBERLAND COUNTY ERIC J. BLASCHAK 155 SOUTH ENOLA DRIVE ENOLA, P A 17025 STACY M. BLASCHAK 155 SOUTH ENOLA DRIVE ENOLA, P A 17025 ,." " ,~' r',...........f;~D 1 RUE C()py FfK:M ru;:\,.~.,JP , IT, 'V k "'....~ "'l':'" ._.~..lo..<'",.,.... "'., , ~ ~"l ~~'l...., g, i~';:..A.',~-"", ~ '_, ~.~ ,r,.......4;,t.\ r~ 'line! tM ~Jj af\..fllj,\ ,~( t\' ,to.:"""". r~. frjk.... day Ill/'/I. I. - Defendant( s) I. '.-- 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 for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TB):F~ 1"U"''''''' ..,-,v' ( r'''''' SET FORTH BELOW TO FIND OUT WHERE YOU CAN G~~1' ~L.:"~_ ~,~.w.~;~ ~ CUMBERLAND COUNTY CUMBERLAND COUNTY BARASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 , '.' ~ . ri'!D.h\1! ""f"1't:fiC~C ~~' ~~ Ue&'9i:JJj"""'" IJ ,'; ~nro~ s ;~c~J ~orrcet cop\f l' ,"" ,~~t""'I'\~\ r:drC"\ 8t ~u ^" I' 'J' ""." ",-,:-:-:::t;"\\, ;:,g:,'~~~";~\ill,\'>I'" !;,~-,.' \~E.C'~l~ ",v.l" Loan #: 8239354 IF TillS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TillS 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 ABOVK 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 UNTH WE MAIL THE REQUESTED INF:JRlV;A.. -'" .,' YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 / Plaintiff, is or will be, the owner oflega1 title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: COUNTRYWIDE HOME LOANS, INe. (PLANO, TX) 6400 LEGACY DRNE PLANO, TX 75024-3632 2. The name(s) and last mown addressees) of the Defendant(s) are: ERIC J. BLASCHAK 155 SOUTH ENOLA DRNE ENOLA, P A 17025 STACY BLASCHAK 155 SOUTHENOLADRNE ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 9/8/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter qescribed to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1638, Page 639. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2002 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. 6. The following amounts are due on the mortgage: Principal Balance Interest 09/01/2002 through 03/03/2003 (Per Diem $12.26) Attorney's Fees Cumulative Late Charges 09/08/2000 to 02/01/2003 Cost of Suit and Title Search Subtotal $47,095.76 2,255.84 1,250.00 79.32 $ 550.00 $ 51,230.92 Escrow Credit Deficit Subtotal 0.00 38.70 $ 38.70 TOTAL $ ) 1,2b~.62 7.' The attorney's fees set forth above are in conformity with the mortgage documents and Permsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 51,269.62, together with interest from 03/03/2003 at the rate of$12.26 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN AND PHELAN, LLP By: /sIFrancis S. Hallinan FRANK. FE2RMAN, ESQUL . LAWRENG~~. PHELAN, ES. . '-"-' Fr..Al.J'CIS S. HALLlN.AJ.'J', ES'-.1UlkE Attorneys for Plaintiff AZZ ~ ~ C~~ct c~ pa:~81 o! land.3ituat~ in the Township of Ease Pennsbo~o, County of C~berla~dt And state o~ 't'~:-:""-~',...:.!ania! :tcce P;;'='":-:'~'..~:t;~=!.Y bcu::'\~~~, !"~::d. de9~~::,'V~~~~~t ~0 ~~.~":'ws; aE~ at a point ae the corner of State Ro~d and Broad g~=~e:, as shown en the Revised PlAn of tots a: laid cut by the 1iar:::oy Bende:::, s:"tilt.et said fllan be~n'i recorced in the Offi~a of the Recorder at Deeds' in and for 3aid CoU~~Y ot C~crl~nd in Pl4n Boo~ 1, Paqe 40; thence 3cu~hw~:dly alor.~ ~h$ a~==e~a1d Broad Street. 150 !8C~ ~o Soco~d Stree~; ~hence in a southeasterly di=ec~ion ~lon9 Second S~reet; a d~3~Ance of 20 feet to a pointl thence in a no:t~Bastarly di~ection through ~he cOrner 0: Lot No. lO, of ' which said property , :hi~ is a part, as well as :h~Qu~~ the center of a ~4:~it~o~ wall ot a two and cne-ha~f'stc=y ~ou~le t:ame awellir.g house; 150 feet to aforesaidSt~~g RQ4di :hence in a ~or~~w~~~e=ly di:ec:ion ~lo~q a~~=esaid S~a~a ~Q~d. 2Q teet to a point at Place of B:~~. ~V%NG ~~ the we9t~rn hal! of a two a~d e~e- h4l: $to:y t~~~e awolllnq ~ouse, known a~ NQ. lSS S~ate ~oad, ~nola, ~ennsylvlnl~,5CW~RN as 155 South E~ol~ Cri~~, ~~o13, iennsylvania. 13~~Ji(; the same pramigea which ~~L~S M. FZRRAN~!, w~oow, by ~eed. da.ted April 11, 19.92; and rGcQ.dad in ~~e t{ecorder o! Deeds office in and fer Cumbe=lan~ Coun~y, ?er.n3ylvania, in Book P 35, Page 575, qranted and convoyod unto ~oS~~M A. FE~R&~TI, JR., G~ant~r herein. PROPERTY ADDRESS; 155 SOUTH ENOLA DRIVE VERlFICA nON BRANDON SCIUMBATO hereby states that he is FIRST VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure 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 unsworn falsification to authorities. I . DATE: '1IZ'6(03 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 C 15) 563-7000 A TIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVil. DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRNE, SUITE 350 MCLEAN, VA 22102 Plaintiff TERM Q oW C{t,~ ( NO. OJ ( ("') v. CUMBERLAND COUNTY ERIC J. BLASCHAK 155 SOUTH ENOLA DRIVE ENOLA, P A 17025 1 ii:U ~;;: COpy Ff4;:()M \F;tEt"A)RO ., ..J - " rf'1/. """'n!"l . "'I"" _ ,_~:..\o.""-/"' ,'" "',_' . ~ ~~'l' ~~ 1.... In i e,t.lt.,~.i' " ;"'" _; _, (, ri:~;il'\ P1. (' t...,,, "..:.'! ~ \_'l'.....~'j'l \ ,'~(. j"'''_' .l~",.,.. . .. ar,.E I ~ I'l:l ::n,.....r. \. , ~ A 3JlJY STACY M. BLASCHAK 155 SOUTH ENOLA DRIVE ENOLA, P A 17025 Defendant( s) 1..'.--- 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 for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TB1,r;- ...U'...... "'"'Hi r,'-"CC, SET FORTH BELOW TO FIND OUT WHERE YOU CAN GST :"'L''':'. ,-~~,", . CUMBERLAND COUNTY CUMBERLAND COUNfY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 . .'~ t>'l<oo . \. ~",).Il'trr,l<~ \\:'.1'>' ~~ h~~et;))f ~~~UJi. sr~j . ""-'1h\n to b\6 8 we ~, dl~ ~orr8ct c~p~ r _'.~~'~ \~-_\lr-,~, 8~ .-::"~tlJ "'~J I ,,-'~ l,L...; . ;';'ilt1" ".. ~tI"'"!"I"',-;': ~.~~ '\;1 i\.,';' \;- t:. ~J ~ II -J .... .. ~ .,.' c.,::.~.J.\N Loan #:8239354 IF TillS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TillS 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 OBT AIN 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 WAlT 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 UNTH. WE MAIL THE REQUESTED IN:FORlV:~n -' '. ,,' YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRNE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner oflegal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: COUNTRYWIDE HOME LOANS, INe. (PLANO, TX) 6400 LEGACY DRNE PLANO, TX 75024-3632 2. The name(s) and last known addressees) of the Defendant(s) are: ERIC J. BLASCHAK 155 SOUTHENOLADRNE ENOLA, P A 17025 STACY BLASCHAK 155 SOUTH ENOLA DRIVE ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 9/8/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1638, Page 639. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 1 % 1/2002 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. 6. The following amounts are due on the mortgage: Principal Balance Interest 09/0112002 through 03/0312003 (Per Diem $12.26) Attorney's Fees Cumulative Late Charges 09/0812000 to 02/01/2003 Cost of Suit and Title Search Subtotal $47,095.76 2,255.84 1,250.00 79.32 $ 550.00 $ 51,230.92 Escrow Credit Deficit Subtotal 0.00 38.70 $ 38.70 TOTAL $ ,)1,2()~.62 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pelillsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974. Notice of Horne owner'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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 51,269.62, together with interest from 03/03/2003 at the rate of $12.26 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN AND PHELAN, LLP By: /sIFrancis S. Hallinan FRANK FE :2RMAN, ESQUL , LAWRENCE '"l. PHELAN, EE... ~:. FT..Al-J"CIS S. HALLJ.NAL'l", ESi.,lDll<.E Attorneys for Plai.ntiff AZ: ~ ~ C~~ct o~ pa:cel o! lAr.d.3ituat~ in the Town5hi~ of East Pennsbo~o, Ccuntv of C~erla~d, And State Q~ ~-~~~.5:';.": "rania, :to,:oe P~="":-~!~~:~1~2..:! bct.:~~e~. ,"~::d de9c::;t~~~~ ~_~ ~:;;;.':":';'W3 ; 3E~ at a pOint ae the corner of State Ro~d and Sroad g~=ee:, as shown en ~he Revised PlAn of lots a: laid out by the Ha~~y Bende~ t~ta~e, said ~lan be~n~ recQrcod in the Office of the Recorder ot Deeds' .in and for said. Cou:'\~y of C~c~l~nd in Plan Sook 1, Paqe 40; thence aoy~hw~=dly alon; ehe ~~o=e~a1d Broad Street'lS0 face ~o Seco~d Street; ~hence in a southeasterly direction ~lon~ Second Street; a d~~tAnce of 20 feet to a point! thence in a no:t~ea3tarly direction through ~he corner ot lot No. 10, of.which said property , tnis i$ a part, as well as :hrQu~~ the centar of a ~d:~it~~~ ~all ot a two and cne-hal~' story couble t=ame dwellir.g house; 150 feet to aforesaidSt~~e RQ~d; ~hence in a ~or~~w~3~e=ly d1=ec:ion ~lO~~ a!~=esaid S~a~a ~Q~c. 20 teet to a point a~ Place of S%G~. ~~ ~~~ the ~estern half of a ~WQ a~d ene- n4l: $ta:y t~aMe dwelling ~ouse, known a~ No. lSS S~ata ~oad, enola, ~8nnsylvani~, ~~~ as 155 Sou~h E~ol~ Criv~1 S~cla, ~ennsylvania. ~IJiG the same prami3es which S~E~~~ M. FZRRAN~!, widow, cy deed dated April 11, 19S2,' and ~Gcc.dad in ~~e ~ecorder of Deeds Office in and for Cumberland CQun~y, ~er.n$ylvania, in Boo~ ~ 35, Page 575, qranted and cQnvcyod uneo ~aS&~H A. FE~R&~TI, JR., ~=an~or herein. PROPERTY ADDRESS; 155 SOUTH ENOLA DRIVE VERIFICATION BRANDON SCIUMBATO hereby states that he is FIRST VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure 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 unsworn falsification to authorities. DATE: -' I t ,A12<6 ~3 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, P A 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Eric J. Blaschak Stacy Blaschak Defendant(s) No. 03-963 PRAECIPE TO THE PROTHONOTARY: X 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 the action discontinued and ended without prejudice. Date:. ~ S 'y(Jj Francis S. Hallinan, Esquire Attorney for Plaintiff c; .-' PHS# 69886 o ~. <"- !~:-1 ~ c:;::) c::::> CT" o r~ -.. o -n ~ n1fQ -0 1'TI ~"'G ;!;. J { ~~ o ~ ~ I .;:-' ~ -""- o O"t