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HomeMy WebLinkAbout07-5181PHELAN 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 (215) 563-7000 160842 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff v. ERIC J. BLASCHAK 149 SOUTH ENOLA DRIVE ENOLA, PA 17025 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM lvo. ~~ _ sr81 Cw< < TuYn CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 160842 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 aze 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 aze wazned 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 Baz Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 160842 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 #; 160842 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 #: 160842 Plaintiff is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) aze: ERIC J. BLASCHAK 149 SOUTH ENOLA DRIVE ENOLA, PA 17025 who is/aze the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/14/1996 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 Book: 1326, Page: 1171. The mortgage and assignment(s), if any, aze matters of public record and aze 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 aze of public record. 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 OS/0l /2007 and each month thereafter aze 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 !1: 160842 6 The following amounts are due on the mortgage: Principal Balance $46,829.99 Interest $1,620.23 04/01/2007 through 08/29/2007 (Per Diem $10.73) Attorney's Fees $1,300.00 Cumulative Late Chazges $433.04 06/14/1996 to 08/29/2007 Cost of Suit and Title Search 750.00 Subtotal $50,933.26 Escrow Credit $0.00 Deficit $436.89 Subtotal 436.89 TOTAL $51,370.15 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 aze 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 dischazged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 160842 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant{s) in the sum of $51,370.15, together with interest from 08/29/2007 at the rate of $10.73 per diem to the date of Judgment, and other costs and chazges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMI LP . ~, i~/YIG~ By: /s/Francis S. Halli LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 160842 LEGAL DESCRIPTION ALL the following described property situate in the Township of East Fennsboro, 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 in revised Plan of Lots as laid out by the Henry Bender Estate, said being recorded June 6, 1908 in the office for the recording of Deeds at Cazlisle, 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 Lot 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 NO. 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 149 South Enola Drive. PARCEL NO: 09-15-129-119. PROPERTY BEING: 149 SOUTH ENOLA DRIVE File #: 160842 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 understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relttting to unsworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: C'> "' J ~ ~n 'G.~ i -.,, ~ C 9D ~ ' ~ i C ~ - ._ .. ,~ ~_ .- D '~ ~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05181 P ' COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS BLASCHAK ERIC J 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 149 SOUTH ENOLA DRIVE ENOLA, PA 17025 PER TENANT, DEFENDANT LIVES IN DILLSBURG. Sheriff's Costs: Docketing 18.00 Service / 14.40 y ~o~ Not Found 5 . 0 0 ~% Surcharge pip 10.00 .00 47.40 _... __ So answers : ~ _.....-- .-- ~:~.---~ R. Thomas K1.' e Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 09/27/2007 Sworn and Subscribed to before me this day of A.D. NOT FOUND as to SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05181 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS BLASCHAK ERIC J 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 ('YIM DT_T TTT~T' _ M(1DT D(1D L' NOT FOUND as to the within named DEFENDANT BLASCHAK ERIC J 157 SOUTH ENOLA DRIVE ENOLA, PA 17025 PER TENANT, DEFENDANT LIVES IN DILLSBURG. Sheriff's Costs: Docketing Service Not Found /o'oq~o1 Surcharge Ofl~i So answers.::- '~ --,~- ,~ _.w 14.4 0 ~~r / ~ `~~-t -i~'"'~``J~ J 5.00 R. Thomas ne~ 10.00 Sheriff of Cumberland County nn 35.40 PHELAN HALLINAN SCHMIEG 09/27/2007 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE N0: 2007-05181 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS BLASCHAK ERIC J 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 September 27th 2007 this office was in receipt of the attached return from YORK Sheriff's Costs : So answers : ~~~ .- .,_ Docketing 6.00 ~/ °- ~ .,~- ~'"~ :-" Out of County 9.00 ogo9 ~' f ~` Surcharge 10.00 j0~ / R. Thomas Kline Dep York County 44.83 ~ Sheriff of Cumberland County Postage .75 70.58 09/27/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A.D. _ __ _ YORKTOWNE BUSINESS FOAMS, INC. Ph. (717) 845-5955 Fax (717) 848-8936 email: ybf@blazenet.net . _. _._ - - _ - l ~~ COUNTY OF YORK OFFICE OF THE SHERIFF S(R )1771 9601`l PH 1 0 42 45 N. GEORGE ST.,YORK, PA 17401 SHERIFF SERVICE ~'ITRUCT1O1~iS PROCESS RECEIPT and AFFIDAVIT OF RETURN ~~~~ T~ tINLY LINE 1 TI~tU 12 fits N4T' t~ETACH ANY COPES 1 PLAINTIFF/S/ 3. DEFENDANT/$/ 2 COURT NUMBER 07-51$1 C1V11 _ 4. TYPE OF WRIT OR COMPLAINT CIMF SERVE 5 NAME OF INDIVIDUAL. COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD L'DTf~ B y' AK 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO , CITY. 80R0. TWP .STATE ANO ZIP CODE) AT 11 MORARI DRIVE, DILLSBURG, PA 17019 7 INDICATE SERVICE. O PERSONAL U PERSON IN CHARGE }~ DEPUTIZE '-1 C RT IL U 1ST CLASS MAIL U POSTED '-t OTHER NOW Sept~ttb~r 4 _ , 20 07 I, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of _ York COUNTY to execute this W ~ return ther~~!~rding to law. This deputization being made at the request and risk of the plaintiff. , -~'` ~'''~~- °' =~~'''---''-~" SHERIFF OF'l~CC?T1NTY B. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT MILL ASSIST IN EXPEDITING SERVICE. 0/ C CumbA.xland ADV FEE PD RY LAw firm ** ATTEMP'P SERVICE AT LEAST 3 TIMES AND 1 TIME AFTER 6PM. ** P1Aase mail rAturn of sQxvice to Ctmlberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Arey deputy sherAf levying upon or attaching any property under wdhin wnt may leave same without a watGxrwn, in custody of whomever is found in possession, after notifying person of levy or attachment, wRhout liablily on the part of such deputy or the sheriff to any plaintiff herein tot any bss, desWtxion, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY /ORIGINATOR d~gNnTORE 10. TELEPHONE NUMBER t 1 DATE FILED FRANCIS S. HALLINAN ~.~"` ~ 30 v c~ -s ,nsr nrcvn em,c T Ann /101~fMf/I 215-563-7000 08/~~/07 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS` BELb1TV: (Thrs area musl'fie Eompleted if AoLPk is to be mailed) PHEL~N HALLINAN ~_SCHMIEG, LLP_ _______ -_ _~_~~ CUMBERLAND GO SHERIFF T SPIACE BELOW FOR USE O~ '1'tE SHERFF - [10 Mi~T YYfiJTE BIa.OW TF#S LSE 13. I acknawkdge receipt of the wrd 14 DATE RECEIVED 15 ExpirationMeanng Date or complaint as indicted above. L T M M C G I L L 9/ 5/ 0 7 9/ 2 9/ 0 7 16. HOW SERVED: PERSONAL ( ) RESIDENCE POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O 1 hereby cerby and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED /LIST AD MERE IF NO A (R unship to Ddendan~ t /t~of ~ayCe 20 Tjrtte erv~ce 21. ATTEMPTS Date Time Miyes Int. Date Time ices Int. Da~Time ~ Miles ~ Int. ~ Date ~ Time f Miles ~ Int. ~ bate I Time I Miles I Int. I Date I Time I Miles I Int 22. 23. Advance Costs 24 Service Costs 25. N/F 26. Mileage 2 100.00 ~j ~ ©Ci 34. Foreign County Costs 35. Advance Costs 36 Servicx Costs 41. AFFIRMED-and snbsGri6ed tp_ _ 42 day ~~~~~ ~ 20`7 `J-~~~~ NOTAI r ~~. ` (J`~.)NTY „_ " ~'=. 12, 2009 28. Sub Tole 37. Notary Cert. I 29. Pound 30 Notary 31. Surchg 32 Td. Costs 33 Costs Due a efund Check No ~; C?C~ ~ ~ ~ ,~; 19 4 5 7 38 Found 39. Total Costs 40 Costs Due or Refund N. Signature of df ' Sh D ~ °' 'f~ !d- er ep. 46. Signature of Yor c ~~~ ~ ~ ~'-y .~. TE c°"'""s''~ ~ 9/24/07 WILLIAM M HO SHERIFF 48 Signalwe of Foreign 49 GATE Coumy Shehlf ~.. ~ t ,. . - w. .., .~ ..: . , . ,, , , .- ~..... ti ~_ PHELAN HALLINAN &SCHMIEG, L.L.P. ~iy: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION, FIK/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5181 CIVIL TERM Plaintiff, v. 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 ERIC J. BLASCHAK, Defendant(s) for failure to file an Answer to Plaintiff s 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 $51,370.1 S Interest from 08/30/07 to 11/01/07 $686.72 TOTAL $52,056.87 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. l L G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: /l 07 ~~ RO PROTHY 160842 PHELAN HALLINAN & SCHMIEG, LLP ~y: 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 X215) 563-7000 PHH MORTGAGE CORPORATION, FiKIA CENDANT :COURT OF COMMON PLEAS MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION :CIVIL DIVISION Plaintiff CUMBERLAND COUNTY V s. NO. 07-5181-CIVIL TERM ERIC J. BLASCHAK Defendants .. ~ '' TO: ERIC J. BLASCHAK 11 MORARI DRIVE DILLSBURG, PA 17019 DATE OF NOTICE: OCTOBER 17, 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, THI5 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 ~t F NCIS S. HAL INAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP ~y: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT :COURT OF COMMON PLEAS MORTGAGE CORPORATION, F/KlA PHH MORTGAGE SERVICES CORPORATION :CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. NO. 07-5181-CIVIL TERM ERIC J. BLASCHAK Defendants TO: ERIC J. BLASCHAK 149 SOUTH ENOLA DRIVE ENOLA, PA 17025 DATE OF NOTICE: OCTOBER 17=2007 ~- ~ „ ~, ,. r4 , , 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 /~ ,~.-- ~S F NCIS S. HA LINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN &SCHMIEG, L.L.P. Dy: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 6215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD Plaintiff, v. ERIC J. BLASCHAK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-5181 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant 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. SCHMIE ,ESQUIRE Attorney for Plaintiff , (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. ERIC J. BLASCHAK Defendant(s). NO. 07-5181 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on Azov a 2007 . By: ~ If you have any questions concerning this matter, please contact: t DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ONE PENN CENTER AT SUBU AN 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.** ~ ~ ~i PRAECIPE FOR V4TRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION Plaintiff, No. 07-5181 CIVIL TERM v. . ERIC J. BLASCHAK Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11 /02/07 TO 03/05/08 (per diem -$8.56) Add'1 Costs TOTAL $52,056.87 v $1,070.00 and Costs $1,911.50 $55,038.37 ~n~~~~ D G. SCHMIEG, QUI One Penn Center at Suburban Sta n 1617 Sohn F. Kennedy Boulevar uite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. I~t may not be sold~in the absence of a representative of the plaintiff at the S,heriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 160842 C~ ...~ O t`~ .~-+ d a r V ~ a ,~ a O ~, ~ , O rn~ ~ ~ ~ d~` ~F''U U ^ ~ ~ N ,,~ ~ ~ ~ ~ H~~~ `~ Q ~ a" ~ ~ o ~ ~ o H ~ w ~ ~ pG W ~ > ~ ~ ~ ~ ~ C ~` O H O ~ H ~ a, ~ '~ °~ ~~ ~~~~ v o~ ~ ~, °' ~o~v ~ ~~ ~~ H~~ ~ ~ ~ G pG F'` ~'` W ~' d W~ ~~d ~, w ~~ ~~~ a x~ ~V `"` V a t ~- ~.:~~ --ra .,.'Z vl ~: ~ 4 s+ O 4 ~~ ~$~ ~ - _ -r~ . Q ~ ~ _ ~ ~, ~ 8 D ~ ~ ~., V1 ~ ~ ~ ~ `C ~ ~ f -. ~. LEGAL DESCRIPTION ALL the following described property situate in the Township of East Pennsboro, .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 is revised Plan of Lots as laid out by the Henry Bender Estate, said being recorded June 6, 1908 in the office 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 fine of Lot 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 149 South Enola Drive. TITLE TO SAID PREMISES IS VESTED IN Eric J. Blaschak, a single person, by Deed from Melvina K. Hutchison, a single person, dated 06/17/1996, recorded 06/20/1996, in Deed Book 141, page 311. Being Parcel # 09-15-1291-119 PHH MORTGAGE CORPORATION, F/K/A • 'CENDANT MORTGAGE CORPORATION, F/K/A CUMBERLAND COUNTY PHH MORTGAGE SERVICES CORPORATION COURT OF COMMON PLEAS Plaintiff, . ~• CIVIL DIVISION ERIC J. BLASCHAK NO. 07-5181 CIVIL TERM Defendant(s). . AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION. F/K/A PHH MORTGAGE SERVICES CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 149 SOUTH ENOLA DRIVE, ENOLA, PA 17025 . 1. Name and address of Owner(s) or reputed Owner(s): Name ERIC J. BLASCHAK Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 w ' ~ 4. Name and address of last recorded holder of every mortgage of record: i Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Peansylvaaia Department of Welfare 149 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 ~thorities. November 1, 2007 DATE ~A~FI'EL G. SCHMIEG, ESQ Attorney for Plaintiff .... 1.~..) l t ~ ~-w..l ~. ...-.{ ~- ~..J~ ~ r' A t... ~.. ~.J. f.. ~~ +, ~« i ~i ~ PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG ' Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION Plaintiff, v. ERIC J. BLASCHAK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5181 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 O 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, ES ~ Attorney for Plaintiff t ~ '-, i r~,, : ) -.-.a . . i `~V n 'v. ~ . 7 ~...~ ....'~.e PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F!K!A PHH MORTGAGE SERVICES CORPORATION Plaintiff, v. CUMBERLAND COUNTY : No. 07-5181 CIVIL TERM ERIC 3. BLASCHAK Defendant(s). November 1, 2007 TO: ERIC 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 PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 149 SOUTH ENOLA DRIVE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs 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 $52,056.87 obtained by PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION F/K/A PHH MORTGAGE SERVICES CORPORATION (the mortgagee} against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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 'S EVEN IF THE SHERIFF'S SALE Y AND_YOU HAVE 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 the following described property situate in the Township of East Pennsboro, 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 in revised Plan of Lots as laid out by the Henry Bender Estate, said being recorded June 6, 1908 in the office for the recording of Deeds at Carlisle, Pennsylvania, in Plan Book 1, page 40; thence in a northwesterly directian along said State Road, a distance of 15 feet to line of Lot No. 7; thence in a southwesterly direction along line of Lot 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 149 South Enola Drive. TITLE TO SAID PREMISES IS VESTED IN Eric J. Blaschak, a single person, by Deed from Melvina K. Hutchison, a single person, dated 06/17/1996, recorded 06/20/1996, in Deed Book 141, page 311. Being Parcel # 09-15-1291-119 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5181 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHA MORTGAGE CORPORATION, f/k/a CENDANT MORTGAGE CORPORATION, f/k/a PHH MOIRTGAGE SERVICES CORPORATION, Plaintiff (s) From 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 $52,056.87 L.L. $.50 Interest from 11/02/07 to 3/05/08 (per diem - $8.56) -- $1,070.00 and Costs Atty's Comm Atty Paid $272.38 Plaintiff Paid Date: 11/02/07 (Seal) Due Prothy $2.00 Other Costs $1,911.50 rtis R. Long, Prothonota By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 X215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION Plaintiff vs. ERIC J. BLASCHAK Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 07-5181 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on August 30, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered on November 2, 2007 in the amount of $52,056.87. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriff s Sale on March 5, 2008. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $46,829.99 Interest Through March 5, 2008 $3,584.36 Per Diem $10.73 Late Charges $433.04 Legal fees $1,250.00 Cost of Suit and Title $1,369.00 Sheriffs Sale Costs ($0.00) Property Inspections $358.96 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $37.58 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $452.81 TOTAL $54,413.11 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffls attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on January 11, 2008 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. P el i ieg, LLP DATE: h ~ By: Mic ele M. Bradf ,Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION Plaintiff vs. ERIC J. BLASCHAK Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 07-5181 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE ERIC J. BLASCHAK executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff s Note was secured by a Mortgage on the Property located at 149 SOUTH ENOLA DRIVE, ENOLA, PA 17025. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mort_ga~e Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsbur v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). 'The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff s Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping_Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: ~~ a Schmieg, LLP By: ichele M. B a rd, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. b2b95 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (2I5) 563-7000 160842 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K1A PHH MORTGAGE SERVICES CORPORATION 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff v. ERIC J. BLASCHAK 149 SOUTH ENOLA DRIVE ENOLA, PA 17025 Defendant C~ ~v C `~ c, O a ..v •. i ~ ~ ~ "-1 _ t=~ ;~~, ~:.: ~ ~ _ ca ,-- . :~ ;;. , ~~ f'_.. .~..~ ..5.. ~r ..7.. ~J ~~ t r J ~; ~ ..~ G' ATTORNEY FOR PLAII~'IFF~ COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Q']--518( ~iVil ~er+u CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE PLERSE ~~.TU~~ VIII h~~~~~~ ~~rt~y fh~ Wlfhsn ~~)~~ ~ true ~1G`J C©fl'@C't ~1~~}t cf IFd~ ®regen~l feted ~f rect~~d File #: 160842 NOTICE You have been sued in court. If you v-rish 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 plaintit~ 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, THi5 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 (804}990-9108 F~~~ u: i6osaz IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 1S U.S.C. § 1692 et seq. {1971), 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) WTI'H WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (34) 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 (34) DAY PERIOD FOLLOWING FIRST CONTACT WITH YQU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File N: 16Q842 COMPLAINT IS TO BE FILED IN THIS ACTION WITIIIN 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 EFFORT5 (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 ~: 160842 1. Plaintiffis PHN MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address{es) of the Defendants} are: ERIC J. BLASCHAK 149 SOUTH ENOLA DRIVE ENOLA, PA 17025 who is/are the mortgagor(s) and/or real owners} of the property hereinafter described. 3. On 06/14/1996 mortgagors} made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is receded in the Office of the Recorder of CUMBERLAND County, in Book: 1326, Page: 1171. 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 rccord. 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 05/01/2007 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!!: 160842 6 The following amounts are due on the mortgage: Principal Balance $46,829.99 Interest $1,620.23 04/01 /2007 through 08/29!2007 (Per Diem $10.73) Attorney's Fees $1,300.00 Cumulative Late Charges $433.04 06/14/199b to 08/29/2007 Cost of Suit and Title Search 750 00 Subtotal $50,933.2b Escrow Credit $0.00 Deficit $436.89 Subtotal 436.89 TOTAL $51,370,15 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 Qersonam 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. Filch: (60842 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $51,370.15, together with interest from 08/29/2007 at the rate of $10.73 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 & SCHMIE LP ~M 1 ~ ~ / ~/V ~ •~ 1 By: /s/Francis S. Hall' LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File k; 160842 LEGAL DESCRIPTION ALL the following described property situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a paint an the westerly side of state Road in the center of Lot No. 9 in revised Plan of Lots as laid out by the Henry Bender Estate, said being recorded June 6, 1908 in the office 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 1 S feet to line of Lot No. 7; thence in a sauthwesterIy direction along line of Lot No. 7, a distance of 1 SO feet, to Second Street; thence in a southeasterly direction along said Second Street, a distance of 1 S feet to the center of Lot No. 8; thence in a northeasterly direction through the center of Lot NO. 8 and through the center wall of a two and one-ha}f story frame double dwelling house, a distance of 1 SO feet to a point on the State Raad, 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 149 South Enola Drive. PARCEL NO: 09-15-129-119. PROPERTY BEING: 144 SOUTH ENOLA DRIVE File #: 160%42 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 Pvlortgage 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 verif cation from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 1$ Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. 1 Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identscation No. 62205 Attorney for Plaintiff' ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000 PHH MORTGAGE CORPORATION, F!K/A CENDANT MORTGAGE CORPORATION, F/K/A CUMBERLAND COUNTY PHH MORTGAGE SERVICES CORPORATION COURT OF COMMON PLEAS 3000 LEADENHALL ROAD , OR 40(}1 LEADENHALL ROAD CIVIL DIVISION MOUNT LAUREL; NJ 08054 . '"`'"" ~ *, NO. 07-5181 CIVIL TERM v~ •<_ ERIC .T. BLASCHAK , 11 MORARI DRIVE , DILLSBURG, PA 17019 , Defendant(s). ; ~ ~ ~ ~ ~PRAECIPE FOR IN REM JUDGMENT FOR FAILURE 'F{l~'n ~ ANSWER AND ASSESSMENT OF DAMAGES ~' =- ~ ~' ~ .,z n~ ~ ~ v7 ::T :> TO THE PROTHQNOTARY: . ~ • C7 z c:, "' ~"~~ ~- Kindly enter an in rem judgment in favor of the Plaintiff and against ERIC~.F BL14SCi Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days fi ser~rice ~e and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows As set fob _ r ; $5I,3°~~ Interest from O8/30IQ7 to~ 11/01/07 $686.72 ~ ~ ,~~~( TOTAL $52,056.87 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. ~¢I; ~~.: ~. .~~w~; ~~,~,, „i~.:,..,,~ L G. SCHMIEG, ESQU ,~. .,; - Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ ~ R.~ ~~/ ,ry , ~, 1 DATE: I r GL~.cIG~~ O PROTHY 160842 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey January 11, 2008 ERIC J. BLASCHAK 149 SOUTH ENOLA DRIVE ENOLA, PA 17025 RE: PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION vs. ERIC J. BLASCHAK Premises Address: 149 SOUTH ENOLA DRIVE ENOLA, PA 17025 CUMBERLAND County CCP, No. 07-5181 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3 (9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Wednesday, January 16, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. r h y o , ' he a M. B Esquire For Phelan Hallinan & Schmieg, LLP Enclosure y ~ ~e °~ .-. v, .-. 1i .-. w ~ N .r O ~o 00 ~t rn c~ ~ w N ~-- C" ~ ~ r ~ h ~° o ~ a~ ~° x x x x ~ n n, ~ -+ ~ -+ ~ r~+ ~ ~ n O A O A O A O A ~ ~ N N N N Q' co ti ~ o ~, ~ ~ ~ ~ ~ A7 ~ ~.z n n n n ~ ~ ~, c. ;~ ~ ° o ; .~ ~~ do ~ i~ a td a bd a »~ ~ .~ ~ v ~~ ~ x ~ x a a a y x ~ ~ ~ V to 'v 0 ~ ~ ~ ~ o s~ ~ H ~ in ° y ~ p~ a ~ ~ O ~ O b ~ C e~ r a r r ~ r a o ~ d d ~ d O ~ o ~ o ~' oU= ~~ O ~ A b a ~ a ~ O ~ ~ gA I~ b a a ~~=. o ~. ~" ". ~Bo'go. ~ O 1 O J1 .~+, 6' ~ p 'n ~~°g~~. t t n ~.~ N ~~ Q ~ ~ o „q A ~ ( f EE " ~ 3 °o ~~oo ~ ~ ~ ~ ~ ~ ~ c n ~.m c n ~. ~ ~ e B rit,,: ~ 'J ''~ b O ( 0 $ ~'"' N p1 ~ ~ ~ . a ~~ ~. ~~ ~. ~ ` r 000.421$010. JAN.1~ ~g103 FROM ZIP CaDE ~ ~ .MAILED . ~~~ I ~7 A R .~ ~ g .N~; ~.~~o~. ~~~ az a9 ~ ~ y ~ a n ~. p Cr7 z ~Z r~r r b a ~~ S VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: t allin & hmieg, LLP By: is le rad or ,Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION Plaintiff vs. ERIC J. BLASCHAK Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-5181 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. ERIC J. BLASCHAK 149 SOUTH ENOLA DRIVE ENOLA, PA 17025 ERIC J. BLASCHAK 11 MORARI DRIVE DILLSBURG, PA 17019 DATE: ~ D ERIC J. BLASCHAK PO BOX 550 DILLSBURG, PA 17019 ERIC J. BLASCHAK 157 SOUTH ENOLA DRIVE ENOLA, PA 17025 h i ieg, LLP By: M h e M. Bra fo squire Attorney for Plaintiff sa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K!A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION Plaintiff vs. ERIC J. BLASCHAK Court of Common Pleas Civil Division CUMBERLAND County No. 07-5181 CIVIL TERM Defendant RULE AND NOW, this d~~ day of 2008, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable on the ~ day of 2008; . in ~e-l~ri 'yLo • ?~ • CD n.Q.~.n~ Courtroom of the Cumberland County Courthouse, I3arusbu~g, Pe sylvania THE S- .~w ~~ 5 ~ew ~4.. f ~.7 t`~.~ (~'-'+ ~~ 7~ V - • J W ~7 ~ `~ \~ -~ PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION Plaintiff vs. ERIC J. BLASCHAK Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-5181 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of February 8, 2008 was sent to the following individual on the date indicated below.. ERIC J. BLASCHAK 11 MORARI DRIVE DILLSBURG, PA 17019 ERIC J. BLASCHAK 149 SOUTH ENOLA DRIVE ENOLA, PA 17025 DATE: ERIC J. BLASCHAK 157 SOUTH ENOLA DRIVE ENOLA, PA 17025 ERIC J. BLASCHAK PO BOX 550 DILLSBURG, PA 17019 e chmieg, LLP By: Mi hele M. B a ,Esquire Attorney for Plaintiff ev ~ ~ _ `'~ 'n ~ t~. ~ -*} ~r'r~ ~ rn~ ' r, ~ L ~ wy C7 E~Y'22 . ~ C~} ~ ~~ ~~,,~ yy ..a..Y ...{ ~~ PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE , CORPORATION, F/K/A PHH MORTGAGE : CORPORATION, Plaintiff vs. ERIC J. BLASCHAK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5181 Civil Term ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with Phelan Hallinan & Schmieg, LLP, for the limited purpose of representing the Plaintiff at Oral Argument on Plaintiff's Motion to Reassess Damages on February 8, 2008 at II:30 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carl' e, Pennsylvania. Date: February 7, 2008 Dale F. Shug art, Jr. Supreme Court I.D. 19373 10 West High Street Carlisle, PA 17013 (717) 241-4311 cc: Michele M. Bradford, Esquire Eric J. Blaschak ~ ~^„ © .~ ~~ ~, CJ c° '~ y , ..-.. i-, ~ ~ ~ ~7 ~^' $ -~ ;~,4 .... ~' 9 j ' J ~ ,1W ~~M1 ry~ ~ ~ y . / ~ } ~ yn W ~ . ,~, SALE DATE: MARCH 5, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE No.: 07-5181 CIVIL TERM CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION vs. ERIC J. BLASCHAK AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 149 SOUTH ENOLA DRIVE, ENOLA. PA 17025. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) andlor Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ESQ Attorney for Plaintiff January 29, 2008 M N 0 w x 0 p.; ~ v~ .a„`'i a ~ ~ ~~~ O 'ti ~ ~ U U ~ ~~r .~ ~ ~ ~ ~ ~~„d~C N ~~~°~ ~~a Uw•~ a, o ~ ~ ~ .-~ . ,.., a0`.-°a A ~ ~ b d C Zd0 ,.-,:.~T3.~ so ~e ~ ~ao~d~z woa~a3iiew ° " coo rr z zonorv } ~ oGOS~z~ooo ~ ~ .~ ' a. ~ ~7 , ~ ~0 ~ VUl ZO ~ u ~~r ~ Ap ~ 53M06 h3N1{d CC 8 ~ ,~ C O ,C V O y~. ' 14 mod 53 E 8 = ~ a i ~ .~ "'E ~ 5~E v ~.~ u.~ ,~ ` c ~ x ~ ~W.3 _ ~ $ 0 0 vs ~ '~ u ~ ~3 y R ~ a ° ~$ O s ~ ' .~ ~ a 3 ~~~ e ~ ~ r O ~ G C G r3' .. ~ E' u ~• ~ c ~ E ~ > Q ~ ~ ` x .yw ~ o` V ~ W L ~ ,, c ~ ~ ~ ~ v1 H 0 h N l'sr M w c~ a J ~~ppO ~~ , ' ° v - ,ate o rs; s' ~ ~.o A i! r. ~ ~ °~~°$g~E C Ey o M •y es L p E ~ ~ C 00'O O W C W V ~ ~ aQ i ~ G Vl , OWN ^+ ° o ~ rn . . o ° • L '- ~' 2 ~ v y C y o o u~ 0 N a ~~~wa ~ ~~ M F~ .. O ~v a 3 w °OO .5 ~ F' v ~ -° ~ c p ~ x o o ~ ~ ~ ~ Q ~ ~ ~x ~ ~ ~ ~ ~ d R ° ~ ° U W ,r p C1p a E" ~ a . ~ e z w~ ~ w U ~ O p( W W ~ ~ ~ ~ t~ ~ ~ ~ a°w S z rFn w W c > yA w w 'va 3 a a O aG ~., O 3 ~ A ~ c,~ = a h .as Q O O~ '" .+~ r~ t'i 4 fz" ~' 0 a ~ ~ a ~ w t. o y ~ ~ ° 0 •~ r W F O N ,n a, = ~ a E~ O ~ C~ d 13. w t7 Z ~ U U z W ° --~ ~; = w ~ .~ o L o '" = C U ~~ H~ p H X~ 0 ~ a c L o4 dx C w Q a o~ o w O ~ ~ O ~ ~ 8 ° N ~ ~ ° ~ ~" ~ z ~ pr A z O ~' 0 o 8 ~, a ~ .~ ~ '° a ~ o ~ U z B w z O G M ,-. U O U W O A a W F ~ ,-. Z w Or U ~o C Q ..~ a y ~~ A Aq W w ~ ~ w w ° a o~ m .a E z d ~ Q ; ~, _~ ^' N M ch V'1 ~D l~ Op E , z ~' O (~ --. PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A CUMBERLAND COUNTY PHH MORTGAGE SERVICES CORPORATION Plaintiff, v. ERIC J. BLASCHAK Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION N0.07-5181 CIVIL TERM Amended AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 149 SOUTH ENOLA DRIVE, ENOLA, PA 17025 . 1. Name and address of Owner(s) or reputed Owner(s): Name ERIC J. BLASCHAK Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None ~-- 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Commonwealth of Pennsylvania Bureau of Individual Tax INHERITANCE TAX DIVISION Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 149 SOUTH ENOLA DRIVE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6~' Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13~' Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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. 3anuary 29, 2008 ~- DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ~ [ _ ~. ~, ~~ ~ ~~° ~ ~"- ... f p t~ ~.. ~ -~ r;~z ~ - ~ ~ f_.~ : _. ~ i_ ~ „~ ~`. ""C - w IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION Plaintiff vs. Court of Common Pleas Civil Division CUMBERLAND County No. 07-5181 CNIL TERM ERIC J. BLASCHAK Defendant ORDER AND NOW, this_~day of , 2008 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $46,829.99 Interest Through March 5, 2008 $3,584.36 Per Diem $10.73 Late Charges $433.04 Legal fees $1,250.00 Cost of Suit and Title $1,369.00 Sheriffs Sale Costs ($0.00} Property Inspections $358.96 AppraisalBrokers Price Opinion $0.00 Mortgage Insurance Premium / $37.58 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) ~ . U Escrow Deficit $452.81 TOTAL $54,413.11 Plus interest from Mazch 5, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is n cluded ' e above figure. THE ichele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford~n,~edphe.com ~IC J. BLASCHAK 149 SOUTH ENOLA DRIVE ENOLA, PA 17025 ERIC J. BLASCI~AK 11 MORARI DRIVE DILLSBURH, PA 17019 f C ~ ~ O f .f~ J /y ERIC J. BLASCHAK PO BOX 550 DILLSBURG, PA 17019 ERIC J. BLASCHAK 157 SOUTH ENOLA DRIVE ENOLA, PA 17025 160842 ~'~`~l~i'Pi l~,~i ~!''~~-~d ; ~~~~~~ r~r`~ 11 ~~ ~Y` ~~~ ~~liL ~~, i PHH Mortgage Corporation, f/k/a Cendant In the Court of Common Pleas of Mortgage Corporation f/k/a PHH Mortgage Cumberland County, Pennsylvania Services Corporation Writ No. 2007-5181 Civil Term VS 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 defendant, to wit: Eric J. Blaschak, but was unable to locate him 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, December 26, 2007 at 1338 hours served the within Real Estate Writ, Notice of Sheriff s Sale and Description upon the within named defendant, Eric J. Blaschak by personally handing to Stacy Blaschak, wife of defendant, at 11 Morari Drive, Dillsburg, Pennsylvania, and made known unto her the contents thereof. So answers: Richard Keuerleber, Sheriff of York County, Pennsylvania. Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2008 at 0930 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 Eric J. Blaschak located at 149 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 defendant, to wit: Eric J. Blaschak by regular mail to his last known address of 11 Morari Drive, Dillsburg, PA 17019. This letter was mailed under the date of January 17, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 17.47 Advertising 15.00 Posting Handbills 15.00 Mileage 14.40 Levy 15.00 Surcharge 20.00 Law Library .50 Prothonotary 2.00 Out of County 9.00 York County 41.43 Law Journal 355.00 Patriot News 339.83 Share of Bills 16.17 $890.80 ./ .3~2L~o ~ ~rr1 ~~. s v /~-~ .?a~73/ So Answers: %:~r-~ .~ R. Thomas Klin ,Sheriff BY ~ QI Real Estate S geant S ~ PHH MORTGAGE CORPORATION, F/K/A . CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION Plaintiff, . v. , ERIC J. BLASCHAK . Defendant(s). . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-5181 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION. F/K/A PHH MORTGAGE SERVICES CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 149 SOUTH ENOLA DRIVE, ENOLA, PA 17025 . 1. Name and address of Owner(s) or reputed Owner(s): Name ERIC J. BLASCHAK Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 East Pennsboro Township Last Known Address (if address cannot be reasonably ascertained, please indicate) 98 South Enola Drive Enola, PA 17025-2796 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 149 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 ~thorities. November 1.2007 DATE I~4~FYEL G. SCHMIEG, ES Attorney for Plaintiff PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PIIII MORTGAGE SERVICES CORPORATION Plaintiff, v. ERIC J. BLASCHAK Defendant(s). CUMBERLAND COUNTY Nu. 07-5181 CIVIL TERM November 1, 2007 TO: ERIC 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 PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 149 SOUTH ENOLA DRIVE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs 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 $52,056.87 obtained by PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION F/K/A PHH MORTGAGE SERVICES CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE 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 Sheriff s 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 f LEGAL DESCRIPTION ALL the following described property situate in the Township of East Pennsboro, 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 in revised Plan of Lots as laid out by the Henry Bender Estate, said being recorded June 6, 1908 in the office 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 Lot 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 NO. B 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 149 South Enola Drive. TITLE TO SAID PREMISES IS VESTED IN Eric J. Blaschak, a single person, by Deed from Melvina K. Hutchison, a single person, dated 06/17/1996, recorded 06/20/1996, in Deed Book 141, page 311. Being Parcel # 09-15-1291-119 WRIT OF EXECUTION and/or ATTACHMENT' COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5181 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, f/k/a CENDANT' MORTGAGE CORPORATION, f/k/a PHH MOIRTGAGE SERVICES CORPORATION, Plaintiff (s) From ERIC J. BLASCHAK (I) 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 $52,056.87 L.L. $.50 Interest from 11/02/07 to 3/05/08 (per diem - $8.56) -- $1,070.00 and Costs Atty's Comm Atty Paid $272.38 Plaintiff Paid Date: 11/02/07 (Seal) Due Prothy $2.00 Other Costs $1,911.50 5 Curtis R. Long, Prothonot By: Deputy ~ REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone : 215-563-7000 Supreme Court ID No. 62205 ~'~~N,. ~; ~,t ~~ Real Estate Sale # 42 On November 8, 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 149 South Enola Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 8, 2007 By: Real Estate Sergeant 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. ie Coyne, SWORN TO AND SUBSCRIBED before me this 8 day of February, 2008 Notary _...,p_., ~.,` 1vOTARIAI SEAL DE30RAli A COLLiNS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 42 Writ No. 2007-5181 Civil PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation, f/kja PHH Mortgage Services Corporation vs. Eric J. Blaschak Atty.: Daniel Schmieg DESCRIPTION ALL the following described prop- erty situate in the Township of East Pennsboro, 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 in revised Plan of Lots as laid out by the Henry Bender Estate, said being recorded June 6, 1908 in the office 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 south- westerly direction along line of Lot No,7, a distance of 150 feet, to Sec- ond 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 NO. 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 149 South Enola Drive. TITLE TO SAID PREMISES IS VESTED IN Eric J. Blaschak, a single person, by Deed from Melvina K. Hutchison, a single person, dated 06/ 17f 1996, recorded 06/20] 1996, in Deed Book 141, page 311. Being Parcel # 09-15-1291-119. _ ~'he Ratriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~he ~latriot News Now you know 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, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/30/08 02/06/08 02/13/08 2008 A. D. '~___ ~w~aiy ~ uum, u.OMMONWEALT~i OF QF^„E vSyLVA~~.q Not~riad r;,~,.~~. Sherrie t. Kisn~: ~I,;~1~,~~ public City OFHan'islsury. ;~„r,~i~in County a MY Contrrtissx?* ?.xf?irti, Nov, 26, 2011 "Aember-- p- e~ a~syi„ani~ ",~~ ~~riation of Notaries REAL ESTATE SALE N0.42 Writ No. 2007-5481 ChrNTerm PHH Mortgage Corporation, f/k/a CendaM Mortgage Corporation, f/k/a PHH Mortgage Services Corporation VS Eric J. Blaschak Attorney Daniel Schmieg DESCRIPTION ALL the following described property situate in the Township of East Pennsboto, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGBVNING at a point on the westerly side of state Road in the center of Lot No. 9 in revised Plan of hots as ]aid out by the Henry Bender Estate, said being recorded June 6, 1908 in the office for the recording of heeds at Carlisle, Pennsylvata, in Plan Book 1, page 40; thence in a northwesterly direction along said State Road, a distance of IS feet to line of Lot No. 7; thence in a southwesterly direction a]ong line of Lot 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 norttheester]y direction through the center of Lot N0.8 and through the center wall of a [wo 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 nordterlyone-half of Lot No. 8. Y`4VING THEREON ERECTED the one-half ~f two and one-half story frame double dwelling house and other out-buildings known as 149 ,~oudt Enola Drive. _ TITLE TO SAID PREMISES IS VESTED IN Eric J. Blaschak, a single person, by Deed from Melvina K Hutchison, a single person, dated 06117/1996, tecotded 06!20(1946, in Deed Book 141, page 311. Being Parcel # 09-]5-1291-119 Our File No.: 113729 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-021 S Attorney for Plaintiff CAPITAL ONE BANK (USA), N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. BILL L PHOENIX Defendant. NO. 07-5185 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for Pla' i A Law Firm Engaged in a Collection By: David J. Apotha r, Esquire Dated: May 22, 2009 ~ll.L:u- .y,~: .y;ti ~~,~ ~. ,, 2~Q~ ~ri~f~ ~2 ar ~ ~ u i ,. ,-;w, C,. z: F ~ ~`