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HomeMy WebLinkAbout03-5517LILLIAN M. LANDIS, Plaintiff VS. ROBERT C. BLANKENSHIP and, SUZANNE M. BLANKENSHIP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 AMERICANS WITIt DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accomodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. LILLIAN M. LANDIS, Plaintiff VS. ROBERT C. BLANKENSHIP and, SUZANNE M. BLANKENSHIP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW ~ ~ ~- ~! '? NO. CIVIL TERM COMPLAINT AND NOW, comes Lillian M. Landis, Plaintiff, by and through Frey & Tiley Attorneys at Law and respectfully states as follows: 1. Plaintiff is Lillian M. Landis, an unmarried adult individual, residing at 801 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendants are Robert C. Blankenship and Suzanne M. Blankenship, husband and wife, adult individuals, whose residence and address is 110 North Market Street, Mechanicsburg,, Cumberland County, Pennsylvania. 3. By Installment Sales Agreement dated September ,1991, Defendants entered into an agreement with Plaintiff for the purchase of the real estate owned by Plaintiff, known as 110 North Market Street, Mechanicsburg, Cumberland County, Pennsylvania. A true and correct copy of the Installment Sales Agreement is attached hereto and incorporated herein as Exhibit "A". 4. By the terms of the Installment Sales Agreement, Defendants agreed to pay $35,000.00, together with interest thereon at the rate of 9.00% per annum in monthly installments of $355.00. 5. Pursuant to the terms of said Installment Sales Agreement, Plaintiff delivered possession of the premises to Defendants on September 1, 1991. Since that time Defendants have enjoyed sole occupancy of the premises. 6. Plaintiff is the owner of the real estate subject to the Installment Sales Agreement by virtue of a deed from John W. Wright, dated May 9, 1968 and recorded May 9, 1968 in the Office of the Recorder of Deeds for Cumberland County in Deed Book "T", Volume 22, Page 580, a copy of which is attached hereto and incorporated herein as Exhibit "B". 7. The Installment Sales Agreement is in default because of Defendants' failure to make a full payment on the installment due for January, 2003 (Defendants made a payment of $100.00 which has been credited toward the payment due) and their failure to make any payments due for the months WHEREFORE, Plaintiff respectfully requests judgment in favor of Plaintiff and against Defendant for foreclosure of the mortgaged property for the amount of $17,461.68, together with interest thereon, all other amounts advanced by Plaintiff. Respectfully submitted, Frey & Tiley, Attorneys for Plaintiff By: ~-~-~. ~ Robert G Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. § 4904 relating to unswom falsification to authorities. Dated: Robert M. Frey, attorney-in-fact for Lillian M. Landis, pursuant to Power of Attorney dated September 20, 1995 and recorded July 30, 1998 in Cumberland County Miscellaneous Record Book 584, Page 159 AGREEMENT OF SALE ENTERED INTO THIS day of September, 1991, BETWEEN JOHN K. LANDIS and LILLIAN M. LANDIS, husband and wife, of Upper Allen Township (mailing address: 14 Hickory Lane, Mochanicsburg, Pennsylvania 17055), Cumberland County, Pennsylvania, hereinafter whether singular or plural called party of thc first part, AND ROBERT C. BLANKENSHIP and SUSAN M. BLANKENSHIP, husband and wife, of 110 North Market Street in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter whether singular or plural called party of the second part. WITNESSETH: That the said party of the first part, in consideration of the terms and conditions hereinafter mentioned and contained, agrees to grant and convey unto the party of the second part, their heirs and assigns, the following: ALL that certain house and lot of ground situate on the Bast side of North Market Street in the Third Ward of the Borough of Machanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at the curb line of North Market Sireet, on the line of lot now or formerly of Clayton Kitzmiller; thence along said lot, eastward a distance of 130 feet, mom or less, to an alley; thence along said alley, southward a distance of 24 feet to a point in the line of lot now or formerly of Peter Adams; thence along the line of said lot now or formerly of Peter Adams, westward a distance of 130 feet, more or less, to a point in the curb line on said Market Street, aforementioned; thence along said curb line, northward a distance of 24 feet to a point in the line of lot now or formerly of Clayton Kitzmiller, aforementioned, at the point and Place of BEGINNING. HAVING thereon erected a single frame dwelling house known and numbered as 110 North Market Street. TOGETHER with free and uninterrupted use, liberty and privilege of passage in and along a certain alley or passage of about two (2) feet, eight (g) inches in breadth by 35 fe~t in length extending from Market Street along the South side of the above-mentioned premises, with free ingress and egress, to the present Grantees, their hefts and assigns forever, and tenants and occupiers under them, at all times and seasons forever, in common with the owners of the lo! adjoining on the South and tenants and occupiers under them, as fully set forth in the deed of Christian Swartz and Lucinda Swartz, his wife, to Anna M. Irvin, dated May 13, 1879, and recorded in the Cumberland County Rocordar's Office in Deed Book "Z", Volume 7, Page 126. BEING the same pmmises~hich John W. Wright, single man, by deed dated May 9, 1968, and recorded May 9, 1968, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "T', Volume 22, Page 580, granted and conveyed to 1chh K. Landis and Lillian M. I~ndis, husband and wife, party of the first part herein. AUTHENTICATED BY PARTY OF THE FIRST PART: AUTHENTICATED BY PARTY OF THE SECOND PART: -1- You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE INSTALLMENT SALE AGREEMENT DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTION ON YOUR BEHALF. If you cure the default, the Installment Sale Agreement will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than tba'ee times in any calendar year. Robert G. Frey Attorney for Lillian M. Landis 5 South Hanover Street Carlisle, Pennsylvania 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THE C OMMONWZALTH OF PENNSYLVANIA'S HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM MAY BE ABLE TO HELP YOU READ THE FOLLOWING NOTICE TO FIND OUT HOW THE PROGRAM WORKS. If you need more information call the Pennsylvania Housing Finance Agency at 1(800) 342-2397 LA NOTIFICACION EN AD JUNTO ES DE SUM IMPORTANCIA, PUES AFECT SU DERECHO A CONTNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NTOIFICACION OBTENGA [INA TRADUCCION INMEDITAMAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGE3NCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS Date: January 2, 2003 RE: Installment Sale of 110 Market Street Mechanicsburg, PA TO: Susan Blankenship FROM: Robert G. Frey, Attorney for Lillian M. Landis You may be eligible for financial assistance that will prevent foreclosure on your installment sales agreement if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your installment sales agreement payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your installment sales agreement for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in installment sales agreement foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of our representative is: Robert G. Frey 5 South Hanover Street Carlisle, Pennsylvania 17013 Telephone Number: 717-243-5838 The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-to-face, meeting. You should advise this lender immediately of your intentions. Your installment sales agreement is in default because you have failed to pay promptly the installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $1,853.70. That sum includes the following: Payments due for the months of November and December, 2002 in the amount of $710.00 County and Township and School Real Estate taxes in the amount of $1,143.70 If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thrty (30) days of your face-to-face meeting. It is extremely important that you file your application promptly, lf you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home #nmediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application, During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, P. O. Box 8029, Harrisburg, Pennsylvania 17105. Telephone No. (717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call (717) 780-1869. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. Very truly yours, Robert G. Frey EXHIBIT SHERIFF' S RETURN - CASE NO: 2003-05517 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LANDIS LILLIAN M VS BLANKENSHIP ROBERT C ET AL REGULAR JASON VIORAL , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE BLANKENSHIP ROBERT C DEFENDANT , at 1530:00 HOURS, at 110 NORTH MARKET STREET MECHANICSBURG, PA 17055 SUZANNE BLANKENSHIP, WIFE a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 20th day of October , __ together with by handing to 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this ~.~ day of A.D. honotary So Answers: R. Thomas Kline 10/21/2003 FREY & TILEY By: uty sheriff SHERIFF'S CASE NO: 2003-05517 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LANDIS LILLIAN M VS BLANKENSHIP ROBERT C ET AL RETURN - REGULAR JASON VIORAL Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE BLANKENSHIP SUZANNE M DEFENDANT , at 1530:00 HOURS, at 110 NORTH MARKET STREET MECHANICSBURG, PA 17055 SUZANNE BI2%NKENSHIP a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 20th day of October , together with by handing to 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 23~ day of honotary ' ' ' So Answers: R. Thomas Kline 10/21/2003 FREY & TILEY By: