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HomeMy WebLinkAbout07-4230 PHELAN HALLINAN &SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 ry215) 563-7000 155879 BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE CDC 2004-HE3 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff v. STACY M. BLASCHAK ERIC J. BLASCHAK 157 SOUTH ENOLA DRIVE ENOLA, PA 17025 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM n CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 155879 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 #: 155879 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 File #: 155879 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 #: 155879 1. Plaintiff is BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE CDC 2004-HE3 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: STACY M. BLASCHAK ERIC J. BLASCHAK 157 SOUTH ENOLA DRIVE ENOLA, PA 17025 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/09/2004 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR AEGIS FUNDING CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1852, Page: 516. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 O 1 /01 /2007 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 #: 155879 6. The following amounts are due on the mortgage: Principal Balance $75,844.44 Interest $6,682.22 12/01/2006 through 07/17/2007 (Per Diem $29.18) Attorney's Fees $1,250.00 Cumulative Late Charges $224.15 01/09/2004 to 07/17/2007 Cost of Suit and Title Search $750.00 Subtotal $84,750.81 Escrow Credit $0.00 Deficit $4,551.24 Subtotal $4,551.24 TOTAL $89,302.05 7 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser. at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 155879 9. 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. 10. 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 $89,302.05, together with interest from 07/17/2007 at the rate of $29.18 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. PHELAN HALLINAN &SCHMIEG, LLP By: /s/Francis S. Hallin LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLiNAN, ESQUIRE Attorneys for Plaintiff File #: 155879 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the Western line of South Enola Drive, 20 feet South of the Southwest corner of South Enola Drive and West North Street, formerly called Broad Street; thence Westwardly through the center of the partition wall dividing properties known as No. 155 and No. 157 South Enola Drive and beyond, 150 feet to a point in the Eastern line of Second Street; thence Southwardly along the Eastern line of Second Street 20 feet to a point in the Northern line of Lot No. 11 on the hereinafter mentioned Plan of Lots; thence Eetwardly along the Northern line of Lot No. 11, 150 feet to a point in the Western line of South Enola Drive; thence Northwardly along the Western line of South Enola Drive 20 feet to a point, the Place of BEGINNING. BEING the Southern one-half of Lot No. 10 on the Plan of Lots laid out by Henry Bender's Estate and recorded in the Office for the Recorder of Deeds in and for Cumberland County in Plan Book 1, Page 40. PARCEL NO: 09-15-1291-195. PROPERTY BEING: 157 South Enola Drive File #: 155879 VERIFICATION 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 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, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understand's that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 49.04 relating to unsworn falsifications to authorities. Francis S. Hallman, Esquire Attorney for Plaintiff DATE: ~~ ~~ tJ f.... _( ~ `A` ^ ~') _ ~ i ~ ~~~~ ..i r~ r ~ ( .:i --,.! J^. CL7 w..3 M1.r 1 V i "'~ ,..a ,-r, ~_. ,: -~ YT~ .-~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-04230 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK VS BLASCHAK STAGY M 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 STAGY M but was unable to locate Her in his bailiwick. COMPLAINT - MORT FORE , He therefore returns the the within named DEFENDANT 157. SOUTH ENOLA DRIVE BLASCHAK STAGY M NOT FOUND as to ENOLA, PA 17025 PER TENANT, DEFENDANT LIVES IN DILLSBURG. Sheriff's Costs: Docketing 18.00 Service 14.40 Not Found 5.00 Surcharge 10.00 .00 1~~31/d7 ~ ~' 47.40 So answers : _'__.---- r~ a ~,,.,~ R. Thomas ~ine Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 10/29/2007 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE N0: 2007-04230 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK VS BLASCHAK STAGY M 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 , the within named DEFENDANT BLASCHAK ERIC J 157 SOUTH ENOLA DRIVE ENOLA, PA 17025 NOT FOUND as to PER TENANT, DEFENDANT LIVES IN DILLSBURG. Sheriff's Costs: Docketing Service Not Found Surcharge l~J3r'a7 So answers :___~-- -- -- ~/ r-- --- 5.00 R. Thomas ine 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 10/29/2007 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE N0: 2007-04230 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS BLASCHAK STAGY M 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 STAGY M but was unable to locate Her deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On October 29th 2007 this office was in receipt of the attached return from YORK /'' r Sheriff's Costs: So answers . ~~ Docketing 6. 0 0 _~_,:~~_- Out of County 9.00 r Surcharge 10.00 R. Thomas Klir~ Dep York County 136.73 Sheriff of Cumberland County Postage .60 16 2 . 3 3 ,/ X013 i/o 7 ~., 1Of29/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE N0: 2007-04230 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS BLASCHAK STAGY M 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 BLASCHAK ERIC J to wit: but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On October 29th 2007 this office was in receipt of the attached return from YORK . Sheriff ' s Costs : So answer -~ ~' ~- `-- `GG~ ` ' ~„ Docketing 6.00 "~ Out of County .00 ~,.- Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cu rland County .00 16 . o o / ~o jai/o ~ ~.~.,. 10/29/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A.D. YORKTOWNE BUSINESS FOFIMS, INC. „Ph. (717)•845-5955 Fax (717) 848-893 email: ybf@blazenet.net COUNTY OF YORK 10F2 Q-FFICE 4F THE SHERIFF S~ R ;'; ; 9 0;`- ~ PHS# 155879 45 N. GEORGE ST.,YORK, PA 17401 SHERIFF SERVICE `;~~~ PROCESS RECEIPT and AFFIDAVIT OF RETURN ~K.EA~E ~~ O~~Y L.~ 1 TiftU 12 !Vt'~'~ ' ^ '~T~4q'f AI~tY ~~ 1. PLAINTIFF/S/ BANR OF NEW YORK, ... 3. DEFENDANT/S/ STACY M. ~ ERIC J. BLASCHAK 2 COURT NUMBER 07-4230 civil 4. TYPE OF WRIT OR COMPLAINT CTMF MORTGAGE FORECLOSURE SERVE ~ rrAMt Vh INUIVIUUAL. GVMPANy, GpKPUKA1lUN, ErG IU SEKVt UK UtSGKIPTtpN OF PRUPERTY TO BE LEVIED, Ai iAGMEU, UK SVLU STACY M BLASCHAR 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO .CITY, BORO. TWP .STATE AND ZIP CODE) AT 11 MORARI DRIVE, DILLSBURG, PA 17019 7. INDICATE SERVICE: O PERSONAL U PERSON IN CHARGE U pEPUTIZE '-I CERT. MAIL U 1ST CLASS MAIL U POSTED U OTHER NOW .Ttl1Y 23- , 20~_ I, SHERIFF OF TY, PA, do hereby deputize the sheriff of Ynrk COUNTY to execute this a return they ~ording to law. This deputization being made at the request and risk of the plaintiff. , ~''`~'"~"'"~ .--~%C-"'~-~ SHERIFF OF UNTY 28. Sub Total 29. Pound 30 PWtary 3t. SurChg. 32. Tot. Costs 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE 0 / C Ctmberland ** ATTEMPT SERVICE AT LEAST 3 TIMES AND 1 TIME AFTER 6PM. ** Please mail return of service to Ctxnberland County Sheriff. Thank you. NOTE` ONLY APPLlCJiHLE ON 9YR1T OF ERECUTTONi-N.B:IAAIV'ER OF WATCHMAN -Any deputy sherAt levying upon or attarlting any property under within wrd may leave same without a watt'ixnan. M custody Ot whomever is found in possession, alter notirying person of levy or attachment, without liadlity on the part of such deputy or the sheriff to any plainhH herein for any ktss. desbtrdion, or removal of any property before sherifrs sale thereof. 9. Y /ORIGINATOR and SI URE - ~ ` 10. TELEPHONE NUMBER 1 t. DATE FILED 1617 JFK. BLVD. STE. 1400 .t~t.+t.Gv,~,. ~ 215-563-7000 07/1/07 12~IIG~,S~F>RPY T~q~1j1~pDDR~S~~L W: {This area must be complet A noUCe ~s to be marled) 1617 JFR. BLVD. STE. 1400, PHILADELPHIA, PA 19103 CUMBERLAND COUNTY SHERIFF ~1fiPE BELaN1 FOR OAF ~ ~ - DO NaT 1N BELOW TtlS L.~: 13. I acknowledge receipt of the wrd 14. DATE RECEIVED 15 Exgrauon/Hearing Date or complaint as indicated sbove. LT M M C G T L L 7/ 2 4/ 0 7 8/ 17 / 0 7 16. HOW SERVED' PERSONAL ( } RESIDENCE POSTED ( ) POE ( ) SHERIFF'S OFFICE ( j OTHER ( ) SEE REMARKS BELOW 17. O I tteteby ~ and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 1 E ~~ E~ QIV DUAL ! LIS~DRESS HERE IF~ 5H~ ~ ~ Relationship t~ fe~ ~¢~ 19 Date Service 20 7~~~~~ 21. ATTEMPfS~~ I' I~i~ I I l v l "a/ l ~ 1~) 1 i e tiles ~~~te' ~ ~lilps ~ Irk I Oats I Time I Mills f fnt ~ Date ~ Time ~ Mfles i Int. 22. REMARKS: 23. Advance Costs 21. Service Costs 25 N/F 26 Mileage ; 100.00 .dd ~,7 34. FoMgn County Costs 35 Advance Costs 36 Service Cost, 41. AFFIRME(1D~an=d~w~bscri~be~d t?o~ bet me tMS 2 3 r d 42. day d ~ppM(7NY~PAt1 `~~ Fz^vTARIAL SERA LISA L. ~~'iF.Q'?stAN„ ftiOTAE2Y Pt16L{C CITY C:F fC,:~::~,. ``~~ ~: CQl)N'TY MY C05r~Fx~,~4"~' "~_ =;~':;?' =~' A(JG. 12, 2009 vG ~ 37 Notary Cert. 38. Mdeage/PastagelNot Found 39 Total Costs c~~ 636?'?~ ;oafs Due Refund Check No 40 Costs Due or Refund 4a. Sgnatwe of o~. o~~ 46. Signature of Yank ~ ~ 47. ATE County Sheriff WILLIAM M. HOSE 10/23/2007 48 Signature of Foreign 49 DATE Goungt SheriR {,..., ~ { ,„tea„ t ~ '~.i.~ i ' ~ ~~ ..~~.~ ~!~ ~~ Vii,., k' ~;~`~ rata ~t{.t ~~ '~~ . d;~ ~[I ."S 5 y.:~ y. r~rd +~ '~a ~' 4 i. 4rv ,. i.31. ~i, ~' ~~ ~ ~ P ~1rl~~a'# ~'nJ~:~' '~J~4E.,~' .].+° °~~',r l?~~'~,~"1"6r .I,~IaF `'~ ;t•:,i":~ '.i<:a 1,,:;~~' ,, ":~ ~: ~, _, .. ~.. 4 ~ r-~ .. ., _ _ J~37' +t ~lpl'a'- ~ ..x ...~ :J i.;, ~ s =(i ~~ ~.~4'~4 t"_ '~a ~,'_hnc;,'1~? tFt~.`19'',1„~1~f ..,~1.,~ ~h~ ~'~ ~. ~~{{ 1~ } ~. .~. ~/ .h„ .. .. _ "fir :: `rl ~Fr J... ''~, a''O ir~~ f',.! ~{:r: .. _. !l .~ - jT. fir' r ,_e.. f `;, ,jib Lt ; .E~Jk1 k ,~,1~ .:; ,~~ ; _ ._ _.. y£ }: , _. , _.. ~. -~ ~~ ~,, 4 ., i ,~ r. r _ ._ _._.. _ ~ ~._ t { _ ~ s ~ :_ ~ .. 1 r ;.. ii .. .r ~[ r ~ ~ f .•4 .rw F~~~E~. t6, , .. ~ ka ~.~- 'J.~.~ s~~~~, :..~..~.~ i~fi~1.,k.1 .~ .:,.. of.n-. P . ... _,. _ _. ,. _ r - xti ~. 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'y i ,- '- .,i. .. irnt~ >~b~ _, F rs t ~ , - ~ ~ '~°,, v 7L'~; f ! 1..'t. .._ ..,~tir ~ ~ } ate- stn ~ b r~~, •~ ~.iw~ ~ ., , ~~' ~%. - s ti , I ~~ 4 C. ,. ~~ f~-s ~ i~~.'~a ~.-° ,4._, ~=: rrt, .~. 4,:: :.~ ~fi,l, c_ ; g7.;..;M1 ~E ;t~W V, ,.~ ai N: 1 `'i r'~, k H:` ~y<' '}~~ -, .. '. f>S~ 7 i ~, , .~ :~~.f, .9Ef1~ ~~ ~..:3~~ 4E! ,.~~~d~;YpU`~i3+,~9rlgi4" 9=~ .....,:~ .. ~ a,G'p.l;~C, k~6,. -h .z:er.,y~~a f' _ .. .,, { . t . _ Y ... ~ ~ `~ ~ tin .r '~ ~'~ l~-'ia ~ ' ,' t. ~ , ;. ~i~j Y,. t.9_ ktRt~FY~'lj~~ ~ }~• • ~' ~ -. ,u T ~ ~, 4 , ,~ ' T s 1fORKTOWNE BUSINESS FORMS, INC. Ph. (717r 845-5955 ~ Fax (717) 848-893 ail: ybf@blazenet.net COUNTY OF YORK 20F2 OFFICE OF THE SHERIFF t7 9 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALI. (717) 771-9601 SHERIFF SERVICE ~ T 1 ~! 1 PROCESS RECEIPT and AFFIDAVIT OF RETURN ~' NCI #~ETJi 1. PLAINTIFF/S/ 3. DEFENDANTS/ STACY ` 1` 2 COURT NUMBER 07-4230 civi 1. TYPE OF WRIT OR COMPLAINT CIMF ruArinr~. ~ /~ta TJATT~AT aW VYV V V i\i7 SERVE `' NAME OF INDIVIDUAL, COMPANY. CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD _ RRT[ T_ $ .AR[_AA~ 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO .CITY, BORO, TWP .STATE ANO ZIP CODE) AT 11 1KORART nRTVR _ iITT.T_CRTTi?t'_• va ,I ~n-I o /. INDICATE SERVICE' O PERSONAL V PERSON IN CHARGE DEPUTIZE ., RT. I U 1ST CLASS MAIL U POSTED U OTHER NOW July 23 , 20 I, SHERIFF OF'I~C COUNTY, PA, do hereby deputize the sheriff of Ynrk COUI~~~o execute thi ~ake return t ccording to law. This deputization being made at the request and risk of the plaintiff. , y~~"' .,,,,p SHERIFF OF COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT 1MLL ASSIST IN EXPEDITING SERVICE. ~ C Cumberland ** ATTEMPT SERVICE AT LEAST 3 TIMES AND 1 TIME AFTER 6PM. ** PleasA mail return of service to Cumberland County Sheriff. Thank you. PIDTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sherA( levying upon or attaching any property under within wnt may leave same without a walclMnan. in cutgady of whotrtever is found in possession, after notifying person of levy or attachment, without kadlity on the part of such deputy or the sheriff to any plaintiff ht:rein for any loss, destugion, a removal W any property ltefore sheriffs sale thereof. 9. N~SDOR~S.QfLi Qgt~EY / ORIGINATO SIGNATURE ~ 10. TELEPHONE NUMBER t t GATE FILED 1617 JFR. BLVD. STE. 1400 215-563-7000 07/~~/07 t~~i u!lJl.r~J~O~ TQ,,M~~/~1(~ADDR BELOW: (This area must be pleted if nonce is to be marled) 1617 JFR. BLVD. STEM.. 1400, PHILADELPHIA, PA 19103 CUMBERLAND COUNTY SHERIFF tIN~" - DD l~1.tiW TH5 l.ME 13. 1 ackrtowledpe tecdpt of ute vrrd 14. DATE RECEIVED 15 Ex it tioMH ann Date «ootrlpla.tt as indicated above- LT M MC G I LL 7 / 2 4 / 0 7 ~ ~17 ~0 16. NOW SERVED' PERSONAL RESIDENC POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 77. I ~ and rreWm a NOT FOUND because 1 am unable to locate the individual, company, etc. named above. (See remarks below.) TITLE MDUAL SERVED! UST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) t9_0 of rvre 2~ i ~~ A Time Miles Int. to T , Int. ~rnte ~ Int. ~ T Int. Oale Time(J 1(ntT.f Dale Time Miles Int. ~lo il~n ri tv- , ~p 22. 23. Advance Coats 24 Service Costs 25 N/F 26. Mileage 27 Postage 28. Sub Total 29. Pound ~. Notary 31. Swchg. 32 Tot. Costs 33 Costs Due or RefunC Check No 3t. Foceiyn Cotanly Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38. MieagdPostagelNot Found 39. Total Costs 40 Costs Due or Refund 41. AFFIRMED Io b1Bo me this L ,i r d 42. day a T ~ I d"~- ~~ ~ ~, ~ ~ as ~ `, ' I r "- ' P ~~ Iti. COUShd>ffd York 47 AT ciir~,:~ ~~, ~^veuc WILLIAM M. HOSE 10 23 20 ..., ,.*,.,tyq ": w ~~"` f`~ "'~09 ~ ~R °~^ 49 DATE ~, ~> ,. _. _- -- .. _ __ __- -- .~-,.,...~_...----__. ~.__... _ ,_T--.- ---- _ _ . _ __ . _ _. __ _. 1 y ~,~>r~ , ~ t .. yr^ F w~ ~ ¢ 'rau ,:: ,..~ r f b"- ~'ar.'. V t er' ~.' ~ ._ - ~~~' l' li.. a _. ~ . ~i y „~ • ~ ~ .e6.-, •',~. ~~ >, ~ 5 , .~„ :. _ _ _ ~ ~ , ,,. , ;f ' ~ 3.. _ ., 1 ,., .. .. _ .. p ,, i ,,~~,[ F ~ ~ ~ ~ ~ ., st rai - . - -. '. .., _ , , . _ _ .. 11 ate,wf.b lJ, ~~,~~! ~~~ ;r ~.. 3r`;S. r. ".~ ~i_ d '., ~: ~ ~ ! C. 10f-M 4 .. ,. ;, lit i~ ~~ ~a a LL:~~ rA ,J x.11+ d..- . ,~.~ IS ,: - `"~' Si 4f >T~ ~ .. ~ ask lir_,_ . k~; ,, r ~ ~ , i; .~. 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C;it 1 '3 ~ 'tpr+~3~gy.~~~~k9~ ~.. ~` ~~~" ~~ ~•,"1 ~{.?, i.o oa~,~'^-t~. ~"C ~,,. ~da3.: u:+l.. „ _, _ ~., .,_._.~,a„m. w , 1 y~ . ,. .. .~ ~ .._ , ~n ~ ~ i i. i _ ., ~a~hl y 1 ~IM ,~ ~~ ~~yu~>r" ~~~ ~ _~ r. ~, -~.~~~~ ,may ~. ~ +. ~" ~ '• r t /~ { { L ,~ ~~'~. i ~. 4 L_LR_ f ~ _ ..': ~~ ~... `. :._ .. ... __.. _.~F S , '~ ti S 9.. -e t _.~.n~,!M-.. ~ ~Y a "' PHELAN 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 BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A. CUMBERLAND COUNTY AS TRUSTEE CDC 2004-HE3 COURT OF COMMON PLEAS 7105 CORPORATE DRIVE , PLANO, TX 75024 CIVIL DIVISION Plaintiff, NO. 07-4230-CIVIL TERM v. STACY M. BLASCHAK ERIC J. BLASCHAK 11 MORARI DRIVE DILLSBURG, PA 17019 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 STACY M. BLASCHAK and ERIC J. BLASCHAK, 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 Plaintiff s damages as follows: As set forth in Complaint $89,302.05 Interest from 7/18/07 to 11/15/07 $3,530.78 TOTAL $92,832.83 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. ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1y~..~i..~ ~,Da'~ ' R PROTHY 1 160842 l 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 X2151 563-7000 BANK OF NEW YORK AS SUCCESSOR IN :COURT OF COMMON PLEAS INTEREST TO JP MORGAN CHASE BANK, N.A. AS TRUSTEE CDC 2004-HE3 :CIVIL DIVISION Plaintiff Vs. STACY M. BLASCHAK ERIC J. BLASCHAK Defendants CUMBERLAND COUNTY NO. 07-4230-CIVIL TERM TO: STACY M. BLASCHAK e~ ~ 11 MORARI DRIVE DILLSBURG, PA 17019 DATE OF NOTICE: SEPTEMBER 14.2007 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 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN 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 BANK OF NEW YORK AS SUCCESSOR IN . INTEREST TO JPMORGAN CHASE BANK, N.A. CUMBERLAND COUNTY AS TRUSTEE CDC 2004-HE3 COURT OF COMMON PLEAS 7105 CORPORATE DRIVE CIVIL DIVISION Plaintiff, N0.07-4230-CIVIL TERM v. STACY M. BLASCHAK ERIC J. BLASCHAK Defendant(s). 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 STACY M. BLASCHAK is over 18 years of age and resides at , 11 MORARI DRIVE, DILLSBURG, PA 17019 . (c) that defendant ERIC J. BLASCHAK is over 18 years of age, and resides at ,11 MORARI DRIVE, DILLSBURG, PA 17019. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, UIRE Attorney for Plaintiff --- ~ C3 C. --- ~ <~.` ~ ~ `,-. `' • (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BANK OF NEW YORK AS SUCCESSOR IN . INTEREST TO JPMORGAN CHASE BANK, N.A. CUMBERLAND COUNTY AS TRUSTEE CDC 2004-HE3 COURT OF COMMON PLEAS 7105 CORPORATE DRIVE , Plaintiff, CIVIL DIVISION NO. 07-4230-CIVIL TERM v. STACY M. BLASCHAK ERIC J. BLASCHAK Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on IVvy L !~ 200'%. By: If you have any questions concerning this matter, please contact: ~~ r DANIEL G. SCHMIEG, E IRE 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.** w ~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE CDC 2004-HE3 Plaintiff, No. 07-4230-CNIL TERM v. STACY M. BLASCHAK ERIC J. BLASCHAK Defendant(s). TO THI; DIRECTOR Or TIII; OrFICI/ OF TIII; PROTIIONOTARY: Issue writ of execution in the above matter: Amount Due $92,832.83 Interest from 11/16!07 to MARCH 5, 2008 $1,693.86and Costs (per diem -$15.00) Add' 1 Costs $1,907.73 TOTAL $96,434.42 ~~~ r~~ ~ T)ANIEL G. SCHMIEG, ESQUIRE (J One Penn Center at Suburban Station 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. 160842 ~ ~_ ~ ~ t`3 kL. ~ }` ~ ~p ~- ,, .~ ~ ~ -.~~ c~ '" ~ cz ~ ~ N o~ ~~ w~ azz~ Oz ~a O~ U 0 aU A~ O~ T pWq H~ ~V f~ s - - - s ~ V - .: p° $~ oc°n°o+°n ~ ~~ z o~M o U wWx ~ ~~o ~~ N ~ W ~ pU V-A~1 yr ~~q ~V Q yaw ~a Ho W ~ ~ ~ ~ H ~ 3~ O~~ UV O~ W~H ~W W 0 wH~ ~ ~~ Or'r'~ ~ ~~~ W ~H ~ p4 ~ 4 U Ll J g~ M ~ ~ ~ J ~ 'b9. '~ w ~. 0 O~ 01 ti ~ O O as ~~ as ~~ as AA W AA ~~ ~~ ~~ -~ a~i a ~; N 00 O ~o h a Y N_ ~ -~ ' ti BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A. CUMBERLAND COUNTY AS TRUSTEE CDC 2004-HE3 COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION STAGY M. BLASCHAK N0.07-4230-CIVIL TERM ERIC J. BLASCHAK Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE CDC 2004-HE3, 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 ,148 SOUTH ENOLA DRIVE, ENOLA, PA 17025 . 1. Name and address of Owner(s) or reputed Owner(s): Name STAGY M. BLASCHAK ERIC J. BLASCHAK Last Known Address (if address cannot be reasonably ascertained, please indicate) 11 MORARI DRIVE DILLSBURG, PA 17019 11 MORARI DRIVE DILLSBURG, PA 17019 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) East Pennsboro Township 98 South Enola Drive Enola, PA 17025-2796 Y'M1 ~ ~ . 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) East Pennsboro Township 98 South Enola Drive Enola, PA 17025-2796 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 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 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. November 15, 2007 DATE ANIEL G. SCHMIEG, ES Attorney for Plaintiff C"~ ~ ~ ~~~ ~ ! `- _ : `er g "- ~ -~ 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 BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE CDC 2004-HE3 Plaintiff, v. STAGY M. BLASCHAK . ERIC J. BLASCHAK , Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4230-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: (X) an FHA mortgage () non-owner occupied () vacant Q 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. DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff ~ ~t ~ ~ ~t~ ~ 33 .. a ~ ..~ C~ ~, ..5... ~ -rC BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE CDC 2004-HE3 Plaintiff, v. STACY M. BLASCHAK ERIC J. BLASCHAK Defendant(s). CUMBERLAND COUNTY No. 07-4230-CIVIL TERM November 15, 2007 TO: STACY M. BLASCHAK 11 MORARI DRIVE DILLSBURG, PA 17019 FRIG J. BLASCHAK 11 MORARI DRIVE DILLSBURG, PA 17019 * *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 BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. ** Your house (real estate) at ,148 SOUTH ENOLA DRIVE, ENOLA, PA 17025, is scheduled to be sold at the Sheriff s Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $92,832.83 obtained by BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE CDC 2004-HE3 (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: 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 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the Western line of South Enola Drive, 20 feet South of the Southwest corner of South Enola Drive and West North Street, formerly called Broad Street; thence Westwardly through the center of the partition wall dividing properties known as No. 155 and No. 157 South Enola Drive and beyond, 150 feet to a point in the Eastern line of Second Street; thence Southwardly along the Eastern line of Second Street 20 feet to a point in the Northern line of Lot No. 11 on the hereinafter mentioned Plan of Lots; thence Eastwardly along the Northern line of Lot No. 11, 150 feet to a point in the Western line of South Enola Drive; thence Northwardly along the Western line of South Enola Drive 20 feet to a point, the Place of BEGINNING. BEING the Southern one-half of Lot No.10 on the Plan of Lots laid out by Henry Bender`s Estate and recorded in the Office for the Recorder of Deeds in and for Cumberland County in Plan Book 1, Page 40. HAVING thereon erected the Southern one-half of a two and one-half story frame dwelling known as No. 157 South Enola Drive, Enola. 1~ Vested by Ue+l~#. dal~d 11/3~D120Q0, Ohren by E+rrel~ Y. Farrantl, widow ~ Ergc .~. 81as~hak snd SN4sCy M. 1~lssclhsk, [his wif+a aemc! reoonied Bl2~AiD4 Nti Book 261 Page 19:19 PREMISES: 148 SOUTH ENOLA DRIVE, ENOLA, PA 17025 C7 C r.s ~ ~ .. ~~ ~ ~ mrr~ ~ c7 ~•~ ~ y ~+• !- ~ f ~ ~ 4 ^` LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the Western line of South Enola Drive, 20 feet South of the Southwest corner of South Enola Drive and West North Street, formerly called Broad Street; thence Westwardly through the center of the partition wall dividing properties known as No. 155 and No. 157 South Enola Drive and beyond, 150 feet to a point in the Eastern line of Second Street; thence Southwardly along the Eastern line of Second Street 20 feet to a point in the Northern line of Lot No. 11 on the hereinafter mentioned Plan of Lots; thence Estwardly along the Northern line of Lot No. 11, 150 feet to a point in the Western line of South Enola Drive; thence Northwardly along the Western line of South Enola Drive 20 feet to a point, the Place of BEGINNING. BEING the Southern one-half of Lot No. 10 on the Plan of Lots laid out by Henry Bender's Estate and recorded in the Office for the Recorder of Deeds in and for Cumberland County in Plan Book 1, Page 40. HAVING thereon erected the Southern one-half of a two and one-half story frame dwelling known as No. 157 South Enola Drive, Enola. 1} Ye$ted by t?a~d, dialed 11000, given by IEvely~ Y. F~errsntl, whlow ~ Ertc J. 81a~hak and $~~ ~A. l~sc#mlc, his iArifa encf rat~r~de~f Bl,2;it2064 i~f Book 261 Pape 193'5 PREMISES: 148 SOUTH ENOLA DRIVE, ENOLA, PA 17025 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4230 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK as Successor in interest to JPMORGAN BANK, N.A. As Trustee CKC 2004-HE3, Plaintiff (s) From STAGY M. BLASCHAK & ERIC J. BLASCHAK (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 $92,832.83 L.L.$ 0.50 Interest from 11/16/07 to 3/05/08 (per diem - $15.00) -- $1,693.86 and Costs Atty's Comm Due Prothy $2.00 Atty Paid $365.73 Other Costs $1,907.73 Plaintiff Paid Date: 11/16/07 Pr thonotary (Seal) By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Deputy Supreme Court ID No. 62205 n PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 BANK OF NEW YORK AS SUCCESSOR COURT OF COMMON PLEAS IN INTEREST TO JPMORGAN CHASE CIVII, DIVISION BANK, N.A. AS TRUSTEE CDC 2004-HE3 YORK COUNTY v. STACY M. BLASCHAK ERIC J. BLASCHAK N0.07-4230 CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Dated: // ~~(v / File #: 155879 Phelan H linan and Sc ie ,LLP ,~' ~ ! ,' Q "~ Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 215 563-7000 BANK OF NEW YORK AS SUCCESSOR COURT OF COMMON PLEAS IN INTEREST TO JPMORGAN CHASE CNII, DIVISION BANK, N.A. AS TRUSTEE CDC 2004-HE3 v. CUMBERLAND COUNTY N0.07-4230 CIVIL TERM STACY M. BLASCHAK ERIC J. BLASCHAK CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to Substitute Verification was sent via first class mail to the following on the date listed below: STACY M. BLASCHAK ERIC J. BLASCHAK 157 SOUTH ENOLA DRIVE ENOLA, PA 17025 Dated: ~/ ~~~ ~ ~ ~ ~~ 2~~.~-Gd ,~ /tea ~~~~ FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL S. SCHMIEG, ESQUIRE Attorney for Plaintiff VERIFICATION It~f SELWW hereby states that he/she is AF~5157AN7VICEPRESIDmRof BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE CDC 2004-HE3, servicing agent for Plaintiff in this matter, that he/she 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/her 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. Name: I~R1 ,ASST ANT VICE PRESIbENT DATE: ~(' O~ C~ ' V~ Title: Company: BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE CDC 2004-HE3 Loan: 35098430 File #: 155879 r'' i~ .~ ~ ~ ~~ Ca3 ~ --~ t'1' ' C ~ _r; T: y ~ Cry -~' ~- f ~~ Jz{ ' ~'"~f '~.. ~ _ : ". `` r ~Y ~; R ^ ~ ~ •' ! ~~s ~T 4 V~ AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF BANK OF NEW YORK AS SUCCESSOR IN ~ INTEREST TO JPMORGAN CHASE No. 07-4230-CIVIL TERM BANK, N.A. AS TRUSTEE CDC 2004-HE3 ACCT. #160842 DEFENDANT(S) STACY M. BLASCHAK ERIC J. BLASCHAK Type of Action - Notice of Sheriff s Sale SERVE ERIC J. BLASCHAK AT 11 MORARI DRIVE Sale Date: MARCH 5, 2008 DILLSBURG, PA 17019 SERVED Served and made known to ~ r-,~. J . Q Ces 6;~r jC ,Defendant, on the ~~~ day of ~G«' "''t'~L'r 200, at ~ SS, o'clock ~.m., at ~~ /V1pro~i ]~~~ ire- l7,` IlSbs~J' Q¢ x7019 Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. ~1 -Adult family member with whom Defendant(s) reside(s). Name and Relationship is innvl+lt~r-,~i- laws . C+v~G ~~S~:G 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 ~~ Height ~~~ Weight ~~ Race W Sex ~ Other I, ('~s~t 17cn,M`s t o h.~bv- , 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 fortl- herein, issued in the captioned case on the date and~$, e.ss~indi~eated„abave. =:~osia Sworn to and su ribed f r b thi ~ d ~ygly ~. ~ ~~,< = ~ '< ~ e o me s ay of , 200 <,,; ? ~,,~, Ci~pi i COmmt55io~ Ex,,k ~~ ~" ~ , Notary: ~~j y; . PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _ m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1s' Attempt: / / Time: 2°d Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 t-~w/'~ / y ,. AFFIDAVIT OF SERVICE PLAINTIFF DEFENDANT(S) BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE CDC 2004-HE3 STACY M. BLASCHAK ERIC J. BLASCHAK SERVE STACY M. BLASCHAK AT 11 MORARI DRIVE DILLSBURG, PA 17019 Served and made known to at zb0 .o'clock ~.m., at 1 of Pennsylvania, in the manner described below: SERVED on the _~_ day of 00,~ ~U Commonwealth Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is G S~}1U A Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendants) reside(s). Agent or person in charge of Defendants)'s office or usual place of business. an officer of said Defendants)'s company. Other: Description: Age Height ~ `~ Weight D Race Sex ~ Other I, F~fll~.b ~ L~ . a competent adult, being duly sworn according to Iaw, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and sn~~e~-red is d of 200 } APT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. S"ti~ a Nev-- Jer'seY pq'jR1C1A E. FIARRIS NOT SERVED ~.;p~R~+ ~, 2008 .200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1~ Attempt: 1 J Time• 3rd Attempt: / / Time: Sworn to and subscribed before me this day of .200_. Notary: CUMBERLAND COUNTY No. 07-4230-CIVIL TERM 1S'$-t~ ACCT, #~ Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 5, 2008 Vacant 2°d Attempt: / / Time: Attorney for PlslntitY DANIEL (~. SCHMIEG, Esquire - LD. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy 13onievard Philadelphia, PA 19103-1814 (215)563-7000 ~ ~ ~ ,~+ ~kF4~ Y~' `~ ~ ~' -y ~ ~^~ ~... AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF BANK OF NEW YORK AS SUCCESSOR IN / ` INTEREST TO JPMORGAN CHASE No. 07-4230-CIVII.. TERM BANK, N.A. AS TRUSTEE CDC 2004-HE3 l~'Z~ ACCT. #1~ DEFENDANT(S) STACY M. BLASCHAK ERIC J. BLASCHAK Type of Action - Notice of Sheriff s Sale SERVE ERIC J. BLASCHAK AT 11 MORARI DRIVE Sale Date: MARCH 5, 2008 DILLSBU)~tG, PA 17019 SERVED Served and made known to ~'Q lC ~. ~LQ se}~. ~ .Defendant, on the ~ day of ~R~ ~~ 200, at ~~ o'clock ~.m., at ~ ~ ~Oi2~~ DQI UE ~ ~11-1.5 BUQ~T Commonwealth of Pennsylvania, in the manner described below: ~_Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is 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 Height Weight ~ Race Sex M Other I, ~a~Q-Vb L L- . 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 Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and su~ be this d of 200 No By: SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF ERVICE 41~Y ATTEMPTED. > o. claw Jit~ - ~~~~~4~3~ ~p08 NOT SERVED On the day of 200_, at o'clock ~ .m., Defendant NOT FOUND because: Moved Unlmown No Answer Vacant 1~ Attempt: / / Time: 2°d Attempt: / ! Time: 3rd Attempt: / / Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCl31VIIIEG, Esquire - LD. No. 62205 of .200_. One Penn Center at Suburban Station, Snite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 r ~ ~+ i-r; ~S. _ Y: j } s r, °~ '• `;m y ~ ~x •< ::. ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which JP MORGAN CHASE BANK N A TR is the grantee the same having been sold to said grantee on the 5TH day of MARCH A.D., 2008, under and by virtue of a writ Execution issued on the 16TH day of NOV, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 4230, at the suit of JP MORGAN CHASE BANK N A TR against STACY M BLASCHAK & ERICK J is duly recorded as Instrument Number 200808330. IN TESTIMONY WHEREOF, I have hereunto set my hand _~-- and seal of said office this ~0 day of r of Deeds Rar~rrdor ai Jeatls, ~wrwa;riar~ t-o~enry, Ca~mla, PA ~Y Cron Effie®a tlis Pint Abonclay W Jan. ~OtQ Bank of New York, as successor in interest to In the Court of Common Pleas of JP Morgan Chase Bank, N.A. as Trustee CDC Cumberland County, Pennsylvania 2004-HE3 Writ No. 2007-4230 Civil Term VS Stacy M. Blaschak Eric J. Blaschak R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Stacy M. Blaschak and Eric J. Blaschak, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, in the above entitled action, according to law. York County Return: And Now, February 13, 2008 at 1729 hours served the within Real Estate Writ, Notice of Sheriffs Sale and Description upon the within named defendants, Stacy M. Blaschak and Eric J. Blaschak by personally handing to Stacy Blaschak, personally and wife of Eric J. Blaschak, at 11 Morari Drive, Dillsburg, Pennsylvania, and made known unto her the contents thereof. So answers: Richard Keuerleber, Sheriff of York County, Pennsylvania. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 06, 2008 at 2050 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 Stacy M. Blaschak and Eric J. Blaschak located at 157 South Enola Drive, Enola, 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 defendants, to wit: Stacy M. Blaschak and Eric J. Blaschak by regular mail to their last known address of 11 Morari Drive, Dillsburg, PA 17019. These letters were mailed under the date of January 08, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March O5, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Bank of New York as Successor In Interest To JP Morgan Chase Bank, N.A., as Trustee CDC 2004-HE3. It being the highest bid and best price received for the same, Bank of New York as Successor In Interest To JP Morgan Chase Bank, N.A., as Trustee CDC 2004-HE3 of 7105 Corporate Drive, Plano, TX 75024, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,060.83. Sheriff s Costs: Docketing $30.00 Poundage 21.86 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 15.36 Levy 15.00 Surcharge 30.00 Out of County 9.00 York County 105.55 Law Journal 355.00 Patriot News 361.67 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1,114.61 So Answers: .~~~ ~'" _ ~ ,a~ R. Thomas Kline, Sheriff ~~ BY (~ ~ ` Real Estate S geant a~z~.~~g ~` s'a. sv ~~ ~z8`l olcti'YS~. v~ BANK OF NEW YORK AC SUCC~:SSOR IN INTEREST TO JPMORGAN,CHASE BANK, N.A. CUMBERLAND COUNTY AS TRUSTEE CDC 2004-HE3 COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION STACY M. BLASCHAK NO.07-4230-CIVIL TERM ERIC J. BLASCHAK . Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK. N.A. AS TRUSTEE CDC 2004-HE3, 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 ,148 SOUTH ENOLA DRIVE, ENOLA, PA 17025 . 1. Name and address of Owner(s) or reputed Owner(s): Name STACY M. BLASCHAK ERIC J. BLASCHAK Last Known Address (if address cannot be reasonably ascertained, please indicate) 11 MORARI DRIVE DILLSBURG, PA 17019 11 MORARI DRIVE DILLSBURG, PA 17019 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) East Pennsboro Township 98 South Enola Drive Enola, PA 17025-2796 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) East Pennsboro Township 98 South Enola Drive Enola, PA 17025-2796 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 148 SOUTH ENOLA DRIVE ENOLA, PA 17025 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. November 15, 2007 ` DATE ANIEL G. SCHMIEG, ES RE Attorney for Plaintiff 0;/05/2002 13:33 FAX BANK OF NE'PV YORK AS SUCCESSOR IN CUMBERLAND COUNTY INTEREST TO JP1vIORGAN CHASE BANK, N.A. , AS TRUSTEE CDC 2004-HE3 No. 07-4230-CIVIL TERM Plaintiff, v. , STACY M. BLASCHAK ERIC J. BLASCHAK Defendant(s). January 31, 2008 TO: STACY M. BLASCHAK ERIC J. BLASCHAK 11 MORARI bRIVE 11 MORARI bRIVE DILLSBURG, PA 17019 D)(LLSBURG, PA 17019 ~j002/^04 ""THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA ~E PREYIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND TILLS DEBT WAS NOT REAF~'rRMED, THIS 1S NOT AND SHOULD NOT BE CONSTRUED TO B,E ANATTEMPT TO COLLECT A bEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY, *"' Your house (real estate) at , 157 SOUTH ENOLA DRIVE, ENOLA, PA 17025. is scheduled to be sold at the Sheriffs Sale on 1VIARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to extforce the court judgment of S41 27.93 obtained by BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JPMQRGAN CHASE BANK. N,A. AS TRUSTEE CDC 2004-HE3 (the mortgagee) against you. In the event the sale is continued, an annouzacement will be made at said sale in compliance with Pa.R.C_P_, Rule 31293. NOTICE OF OWNER'S RIGHTS YOU MAYBE A$LE TO PREVENT THIS ~SHERI~'F'S SALE To prevent this Sheriffs 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: (2157 563-7000. Z. 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 tl~e sale for good cause. 3. You may also be able to stop the sale throush other legal proceedings. 02/0%2003 X5:33 FA?' ~Ji 003%004 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 ]VIAY STILL BE ABLE TO SAVE YOUR PROPERTY A-ND 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 (2151563-7000. 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 mill 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 (IO) 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 YOUTi LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYI~R 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 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY TiAR ASSOCIATION 2 LIBERTY AVENUE CU~VIIiERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (?17) 249-3166 (800)990-9108 0/05/200^ ,5.03 ~A LEGAL DESCRIPTIpN ~ ooa/ooa AY,T., the following described property situate in the Township of East Pe~nnsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the westerly side of state Road in the center of Lot No. 9 iq revised Flan of Lots as laid out by the Henry Bender Estate, .said bei4g recorded June 6,1908 in the off ce for the recording of Deeds at Carlisle, Pennsylvania, in Plan Book 1, page 40; thence in a northwesterly direction along said State Road, a distance of 15 feet to line of Lot No. 7; thence in a southwesterly direction along line of Trot No. 7, a distance of 150 feet, to Second street; thence in a southeasterly direction along said Second Street, a distance of 15 feet to the center of Lot No. 8; thence in a northeasterly direction through the center of Lot N0.8 and through the center wall of a two and one-half story frame double dwelling house, a distance of 150 feet to a point on the State Road, or Place of BEGINNING. ' BEING the northerly one-half of Lot No. 8. HAVING THEREON ERECTED the one-half of two and one-half story frame double dwelling house and other out-buildings known as 157 South Enola Drive. TITLE TO SAID PREMISES IS VESTED IN Eric J. Blaschak, a single person, by Deed from Melvina K. I3ntchison, a single person, dated 06/17/1996, recorded 06/20/1996, in Deed Book 141, pagc 311. Being parcel # 09-15-1291-119 • WRIT OF EXECUTION and/or ATTACHMENT r COMMONWEALTH OF PENNSYLVANIA) NO 07-4230 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK as Successor in interest to JPMORGAN BANK, N.A. As Trustee CKC 2004-HE3, Plaintiff (s) From STACY M. BLASCHAK & ERIC J. BLASCHAK (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 1 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 $92,832.83 L.L.$ 0.50 Interest from 11/16/07 to 3/05/08 (per diem - $15.00) -- $1,693.86 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $365.73 Other Costs $1,907.73 Plaintiff Paid Date: 11/16/07 P~ othonotary~- (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 Real Estate Sale #53 On November 27, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 148 South Enola Drive, Enola, more fully described on Exhibit "A" '~ ~®~~~.i, filed with this writ and by this reference ~~~'~~~~' incorporated herein. Date: November 27, 2007 By: Real Estat~ Sergeant The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE cue patriot-News Now you know CARLISLE PA 17013 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of 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 on the date(s) indicated below. 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, pace 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 This ad ran on the dates) shown below: 01 /30/08 02/06/08 02/13/08 t Notary Public 2008 A.D. COMMONWEALTH OF !'ENNSYLVANlA Notarial S~aal~~-1 Sherrie L Kis-rer ~~,7t~ry ~'ublic CihrOttlerr~sbrersa F'' ~)2in Courrty ~ ~' ~A~, ~ 'av. 26, 2011 Member, Penmtylvania AsyccJstinn Of Notaries R~d11. lA1.~ NRX ~ MAR Mp. ~ 'R~n BnUca#Irinal-~ll~rlc as In irrbr~tiR !o .!P Clt~a ~Bar~, Mr.A., CDC . v~ ~,~ ~1k 1- [lunM g ALL THAT CFRTAIDT piece or parcel of land situate in East P~s6o[o Township, Cumbslntd ~Y P~ylveoia, tioended and describcdaafoliows, bush: BP.GilV1~iG at a'po~t itt ttie VYesean line of Soudt Enola Drive, ZO feet Soh of the Soudterest cow of 5oeth Eo~a Drive a~ West 1!iarth Strut, fonmraly called Beead Street: theax We+ th~agh ~ center of ~ patt~on wall diYid'm~g prnpaties Imoxv as No. 155 aml No.15T Said Deivt` wail beyond, 150 fcet ro a poi in the Eases line of Second Sweet; t6erce the Ewan line of Seoo>ad Strixt 20 feet ro a poa~ in the Nathan lhie of Lot 1!k. 11 on ihe`haeioafter meotioaed 'Platt of Lots; thmrx Eby along me NerUtem line ~ La Alo. l 1,150 feet to a point in the vVettsn line of Soe1h Enola nriMe; thtace North.va~y ah>mg the wesoem line of Sont6 Soda Drive 2p faet to a poi, tlx P1ace~1#EC>~FIl1G. BBING the SotMham twehatf ~ Lot No. l0 on the Plan of Lots lead nut by Fimry Bends's Esta~ and tixwaded io the tie fa the Records of Deeds in and for Gumbsland Couory inPlaa Book 1, Page 40. HAVING themoa erected the Southern one-hall of„_~ two aml o shy frame dwelling down as IVo:157 SoahEaoL Drive, Emla. 1) Vptnd ty'Deod, daed iL'30/mQO; Einur by lii~:lyn M F~ata; Midirrr to Eric 3 Bhm~ak and"5tacy M B>as~l ,' h~ wife ~d recorded GrL3IZ004 m Baok 1b1 Page 1939 PARt^EL Nt):09-15-1291-195 PREdIISES: 15T SOUTH ENOLA DRIVE, ENOl.A4 PA 1'7015 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: January 25, February 1 and February 8, 2008 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. Marie Covnk, Editor SWORht"f0 AND SUBSCRIBED before me this 8 day of February, 2008 ~• Notary / NOiARIgI SEAL DEBORAH A COLLINS Notary public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. S3 Writ No. 2007-4230 Civil Bank of New York as Successor in Interest to JP Morgan Chase Bank, N.A, as Trustee CDC 2004-HE3 vs. Stacy M. Blaschak and Eric J. Blaschak Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows, to wit: BEGINNING at a point in the Western line of South Enola Drive, 20 feet South of the Southwest cor- ner of South Enola Drive and West North Street, formerly called Broad Street; thence Westwardly through the center of the partition wall di- viding properties kr_owr! as No. 155 and No. 157 South Enola Drive and beyond, 150 feet to a point in the Eastern line of Second Street; thence Southwardly along the Eastern line of Second Street 20 feet to a point in the Northern line of Lot No. 11 on the hereinafter mentioned Plan of Lots; thence Eastwardly along the Northern line of Lot No. 11, 150 feet to a point in the Western line of South Enola Drive; thence Northwardly along the Western line of South Enola Drive 20 feet to a point, the Place of BEGINNING. BEING the Southern one-half of Lot No. 10 on the Plan of Lots laid out by Henry Bender's Estate and re- corded in the Office for the Recorder of Deeds in and for Cumberland County in Plan Book 1, Page 40. HAVING thereon erected the Southern one-half of a two and one- half story frame dwelling known as No. 157 South Enola Drive, Enola. 1) Vested by Deed, dated 11/30/2000, given by Evelyn M. Ferranti, widow to Eric J. Blaschak and Stacy M. Blaschak, his wife and recorded 6/23/2004 in Book 261 Page 1939. PARCEL NO: 09-15-1291-195. PREMISES: 157 South Enola Drive, Enola, PA 17025. C~ORRF)C'PED COMMONWEALTH OF PENNSYLVANIA COUNTY O CUMBERLAND SS: I, Robert P. Z~gler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which BANK OF NEW YOUR TR is the grantee the same having been sold to said grantee on the 5 H day of MARCH A.D., 2008, under and by virtue of a writ Execution issued on the 16TH day of NOVEMBER, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 4230, at the suit of BANK OF NEW YORK TR against STACY M is duly recorded as Instrument Number 200824752. IN TESTIMONY WHEREOF, I have hereunto set my hand -~- and~jal of said office this d~ day of A.D. -rcj~r of Deeds ~Canq-.CrI~,PA ~«Ma+era,~n.~oro