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HomeMy WebLinkAbout08-5692 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 vf)ANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 187329 PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. PATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ON I I NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 187329 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 187329 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 File #: 187329 THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 187329 1. Plaintiff is PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: PATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/10/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMSN INC. AS A NOMINEE FOR ERA MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1891, Page 613. By Assignment of Mortgage recorded 03/05/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 734, Page 4061. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2008 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 #: 187329 6 The following amounts are due on the mortgage: Principal Balance $143,398.13 Interest $7,137.90 03/01/2008 through 09/22/2008 (Per Diem $34.65) Attorney's Fees $1,250.00 Cumulative Late Charges $464.83 12/10/2004 to 09/22/2008 Non Sufficient Funds Charge $120.00 Cost of Suit and Title Search 550.00 Subtotal $152,920.86 Escrow Credit $0.00 Deficit $485.36 Subtotal 485.36 TOTAL $153,406.22 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 187329 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $153,406.22, together with interest from 09/22/2008 at the rate of $34.65 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 By: LAWRENCE T. FRANCIS S. HALLINAN, ESQUIRE ---UANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 187329 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with improvements thereon situate in Silver Spring Township, Cumberland County, State of Pennsylvania, on the West side of Locust Point Road, bounded and described as follows, to wit: BEGINNING at a point in the center line of said Locust Point Road, at the corner of Lot No. 5, as shown in the hereinafter mentioned Plan of Lots; thence along the center line of said Locust Point Road, South 21 degrees 54 minutes East, 107.52 feet to a point at the corner of land of Calvin R. Asper; thence along said land of Calvin R. Asper, and continuing along other land of Albert F. Kost, Jr. and Beatrice F. Kost, his wife, South 65 degrees 30 minutes West 200.21 feet to an iron pin; thence along said other land of Albert F. Kost, Jr. and Beatrice F. Kost, his wife, North 21 degrees 54 minutes West, 116.6 feet to an iron pin at the corner of Lot No. 5 aforesaid; thence along the line of said Lot No. 5, North 68 degrees 6 minutes East, 200 feet to an iron pin in the center line of Locust Point Road, aforesaid, the place of BEGINNING. BEING Lot No. 6 in the Subdivision Plan of Albert F. Kost, Jr., as recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 37, Page 112. UNDER AND SUBJECT to all rights, restrictions, easements and rights-of-way of prior record. BEING the same premises which BLAINE N. ROLAND and VONNIE G. ROLAND, his wife, by deed dated November 9, 1998 and recorded December 28, 1998 in the Recorder of Deeds File #: 187329 Office in and for Cumberland County in Deed Book 191, Page 866, granted and conveyed unto VONNIE G. ROLAND, Grantor herein. Parcel # 38-08-0569-002C PROPERTY BEING - 203 NORTH LOCUST POINT ROAD File #: 187329 VERIFICATION I hereby state that I am the 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 I am 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 my 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 relating to unworn falsifications to authorities. Attorney o DATE: ?I,ZZ'?`? r'N F 4j on ? ? n Cia SHERIFF'S RETURN - REGULAR CASE NO: 2008-05692 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PELAR PATRICK A ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE PELAR PATRICK A was served upon the DEFENDANT at 0009:20 HOURS, on the 2'nd day of October 2008 at 203 NORTH LOCUST POINT ROAD MECHANAICSBURG, PA 17050 DANNE PELAR by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.00 Affidavit .00 Surcharge 10.00 .00 1 bl o S16 Q t1 V41.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 10/07/2008 PHELAN HALLINN & SCHMIEG B Deputy heriff A.D. f' Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-CIVIL-5692 CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff VS. PATRICK A. PELAR TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Date: 10/27/08 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff BJG('.? Francis S. Hallinan, Esquire PHS #: 187329 VERIFICATION ,More. -, J 7 (dd L hereby states that he/she is y C r { Sl D--eN - of PHH MORTGAGE CORPORATION, servicing agent for Plaintiff, PHH MORTGAGE CORPORATION, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 2 -?- JoB Loan: 0029585361 Le: N WGj Irt04 Title: v, Qj eYe'po'.'4 Company: PHH MORTGAGE CORPORATION File #: 187329 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff VS. PATRICK A. PELAR Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-CIVIL-5692 : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: PATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 Date: 10/27/08 Phelan Hallinan & Schmieg, LLP Attorne or Plaintiff By. Francis S. Hallinan, Esquire (?'? r? a C _? ?'? .'N ?.; ,:?7? ?? ? '"? f'? i t;,'?' ? ?_" , _.. r? _;- -, ' -? , ?' e Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 PHH MORTGAGE CORPORATION VS. PATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-CIVIL-5692 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against PATRICK A. PELAR, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest - 09/23/2008 TO 11/13/2008 TOTAL $153,406.22 1801.80 $155,208.02 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _ I UX)S T A PHS# 187329 PRO PROTHY PHELAN HALLINAN & SCHMIEG, LLP By: 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 PHH MORTGAGE CORPORATION v Plaintiff PATRICK A. PELAR Defendant(s) TO: PATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 DATE OF NOTICE: October 30, 2008 u 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. EMPORTANT 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 JASON RICCO Legal Assistant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-CIVIL-5692 CUMBERLAND COUNTY PHS # 187329 Phelan Hallinan & Schmieg, LLP By: Darnel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 PHH MORTGAGE CORPORATION VS. PATRICK A. PELAR Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-CIVIL-5692 VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant PATRICK A. PELAR is over 18 years of age and resides at 203 NORTH LOCUST POINT ROAD, MECHANICSBURG, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. ;5? 1 Daniel G. Schmieg, Esquire Attorney for Plaintiff 49. w (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. PATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 CIVIL DIVISION NO. 08-CIVIL-5692 Notice is given that a Judgment in the above captioned matter has been entered against you on h?W. 1? 2008. By: ,4,4 1?1 -$E .?7+'1 If you have any questions concerning this matter please contact': Daniel G. Schmieg, Esquire Attorney or Party Filing 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (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 PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHO ULD NOT BE CONSTR UED TO BE AN A TTEMPT TO COLLECT A DEBT, B UT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. ** (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 PHH MORTGAGE CORPORATION Plaintiff, V. PATRICK A. PELAR No. 08-CIVI1-5692 Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11/14/2008-06/10/2009 (per diem -$25.87) $155,208.02 $5,406.83 and Costs TOTAL Note: Please attach description of property. $160,614.85 J)nn2' gt=e DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff.is not present at the sale. 187329 W a? d 7 © Z W 4a H a N ?aV W a d ,V Ems`'' a H V y+ W 4 ? N W tip W WW? U w '?` V10 4? 6 0 0 ti 6 a ?n Q r d a n V t ?1 .a 0 w OR s At p? y 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 Plaintiff, V. PATRICK A. PELAR Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-CIVIL-5692 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: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff -r? G ? am ?' ? ??? y . ? i'?i .? (M.... . ? --^i ? i PHH MORTGAGE CORPORATION Plaintiff, v. PATRICK A. PELAR Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-CIVIL-5692 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,203 NORTH LOCUST POINT ROAD, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above ?. 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) None 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th 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.A. § 4904 relating to unworn falsification to authorities. January 9, 2009 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 0 N C= rn i? C_ ' ?S Tom PHH MORTGAGE CORPORATION Plaintiff, V. PATRICK A. PELAR Defendant(s). CUMBERLAND COUNTY No. 08-CIVIL-5692 January 9, 2009 TO: PATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 "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 A DISCHARGE 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 OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 203 NORTH LOCUST POINT ROAD, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $155,208.02 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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. 40 You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with improvements thereon situate in Silver Spring Township, Cumberland County, State of Pennsylvania, on the West side of Locust Point Road, bounded and described as follows, to wit: BEGINNING at a point in the center line of said Locust Point Road, at the corner of Lot No. 5, as shown in the hereinafter mentioned Plan of Lots; thence along the center line of said Locust Point Road, South 21 degrees 54 minutes East, 107.52 feet to a point at the corner of land of Calvin R. Asper; thence along said land of Calvin R. Asper, and continuing along other land of Albert F. Kost, Jr. and Beatrice F. Kost, his wife, South 65 degrees 30 minutes West 200.21 feet to an iron pin; thence along said other land of Albert F. Kost, Jr. and Beatrice F. Kost, his wife, North 21 degrees 54 minutes West, 116.6 feet to an iron pin at the corner of Lot No. 5 aforesaid; thence along the line of said Lot No. 5, North 68 degrees 6 minutes East, 200 feet to an iron pin in the center line of Locust Point Road, aforesaid, the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Patrick A. Pelar, a married person, by Deed from Vonnie G. Roland, a single person, dated 12/10/2004, recorded 12/13/2004 in Book 266, Page 3433 PREMISES BEING: 203 NORTH LOCUST POINT ROAD, MECHANICSBURG, PA 17050 PARCEL NO. 38-08-0569-002C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5692 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Plaintiff (s) From PATRICK A. PELAR (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $155,208.02 L.L. $.50 Interest from 11/14/08 - 6/10/09 (per diem - $25.87) -- $5,406.83 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $160.00 Other Costs Plaintiff Paid Date: 1114/09 urtis R. Long, onotar (Seal) By: REQUESTING PARTY: Name: DANIEL G., SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215.563.7000 Supreme Court ID No. 62205 Deputy ......... - PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE PHH MORTGAGE CORPORATION PATRICK A. PELAR SERVE PATRICK A. PELAR AT: 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 CUMBERLAND COUNTY No. 08-CIVII,-5692 ACCT. #187329 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 10, 2009 SERVED Served and made known to ? &-tRte_K A. Q'1~L4R , Defendant, on the 31st day of JAM/A*q 200 1 . at Q:33 . o'clockk.m.,at_ 203 N-• LOCUST ? 61 T )h •, A,%--4Ay lcS(iueC-r Commonwealth of Pennsylvania, in the manner described below: ? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer ofsaid Defendant(s)'s company. Other: Description: Age SOS Height 57" Weight Race W Sex M Other I, , PO'M" AI/6 I,t` , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 31 St day of *TA-", 240' rlotarv:?? B?- THEODORE J. HARRIS NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY On * f-6AMAAbW&AXP1RE6 q 91 ..,,..., , 200_, at o'clock ? m., Defendant NOT FOUND because: Moved Unknown ___ _ No Answer 1St Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of 200_. Notary: Vacant 2" Attempt: 1 / Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadeipbia, PA 19103-1814 (215) 563-7000 1`? 39b M i _ -5rt M P t f? V ? `C PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. PATRICK A. PELAR Defendant CUMBERLAND County No. 08-CIVIL-5692 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: I . Plaintiff commenced this foreclosure action by filing a Complaint on September 26, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on November 14, 2008 in the amount of $155,208.02. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. 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 Sheriffs Sale on June 10, 2009. 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 $143,398.13 Interest Through June 10, 2009 $16,145.63 Per Diem $34.65 Late Charges $464.83 Legal fees $1,650.00 Cost of Suit and Title $1,016.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $120.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $938.36 TOTAL $163,733.45 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. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs 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 April 2, 2009 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. Phelan Hallinan & Schmieg, LLP DATE: Z o By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County PATRICK A. PELAR No. 08-CIVIL-5692 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE PATRICK A. PELAR 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. Plaintiffs Note was secured by a Mortgage on the Property located at 203 NORTH LOCUST POINT ROAD, MECHANICSBURG, PA 17050. 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 Mortgage 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 Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh 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 Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs 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, Plaintiffs 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 Cer, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten 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 of ten 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: zz- Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 187329 PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. PATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 Defendant C7 o O r_. C= -n T} ? C7 V? -.? "LS ? cr, i Xw T r ? > t7 rn co ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM C (V' NO. fl ?-5a RR I #6(jf 1)&TNTY rim to be a true and -oacred copy of the 06pai fled of record CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOS?? COPY PLEASE RETURN File #: 187329 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 187329 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 File #: 187329 THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 187329 Plaintiff is PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: PATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/10/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMSN INC. AS A NOMINEE FOR ERA MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1891, Page 613. By Assignment of Mortgage recorded 03/05/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 734, Page 4061. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2008 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 #: 187329 6. The following amounts are due on the mortgage: Principal Balance $143,398.13 Interest $7,137.90 03/01/2008 through 09/22/2008 (Per Diem $34.65) Attorney's Fees $1,250.00 Cumulative Late Charges $464.83 12/10/2004 to 09/22/2008 Non Sufficient Funds Charge $120.00 Cost of Suit and Title Search 550.00 Subtotal $152,920.86 Escrow Credit $0.00 Deficit $485.36 Subtotal 485.36 TOTAL $153,406.22 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 187329 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $153,406.22, together with interest from 09/22/2008 at the rate of $34.65 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 INAN & SCHM . G, LL By: LAWRENCE T. ES FRANCIS S. HALLINAN, ESQUIRE -DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 187329 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with improvements thereon situate in Silver Spring Township, Cumberland County, State of Pennsylvania, on the West side of Locust Point Road, bounded and described as follows, to wit: BEGINNING at a point in the center line of said Locust Point Road, at the corner of Lot No. 5, as shown in the hereinafter mentioned Plan of Lots; thence along the center line of said Locust Point Road, South 21 degrees 54 minutes East, 107.52 feet to a point at the corner of land of Calvin R. Asper; thence along said land of Calvin R. Asper, and continuing along other land of Albert F. Kost, Jr. and Beatrice F. Kost, his wife, South 65 degrees 30 minutes West 200.21 feet to an iron pin; thence along said other land of Albert F. Kost, Jr. and Beatrice F. Kost, his wife, North 21 degrees 54 minutes West, 116.6 feet to an iron pin at the corner of Lot No. 5 aforesaid; thence along the line of said Lot No. 5, North 68 degrees 6 minutes East, 200 feet to an iron pin in the center line of Locust Point Road, aforesaid, the place of BEGINNING. BEING Lot No. 6 in the Subdivision Plan of Albert F. Kost, Jr., as recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 37, Page 112. UNDER AND SUBJECT to all rights, restrictions, easements and rights-of-way of prior record. BEING the same premises which BLAINE N. ROLAND and VONNIE G. ROLAND, his wife, by deed dated November 9, 1998 and recorded December 28, 1998 in the Recorder of Deeds File #: 187329 Office in and for Cumberland County in Deed Book 191, Page 866, granted and conveyed unto VONNIE G. ROLAND, Grantor herein. Parcel # 38-08-0569-002C PROPERTY BEING - 203 NORTH LOCUST POINT ROAD File #: 187329 VERIFICATION I hereby state that 1 am the attorney for Plaintiff in this matter, that Plainti ff 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 l am 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 my 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 relating to unworn falsifications to authorities. Attorney o ?G z Za ??-- DATE. Exhibit "B" Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 Attorney for Plaintiff (215) 320-0007 PHH MORTGAGE CORPORATION : CUMBERLAND COUNTY VS. COURT OF COM S ° 0 `n MON PLE A PATRICK A. PELAR IVII, DIVISION 'aCn rn s-: x o :0 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 : NO. 08-CIVIL-5692 ' C o,?? t ? -- '.:a„ .. Q U7 PRAECIPE FOR IN REM &P W OR FAILURE TO ANSWER AND ASSESS' DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against PATRICK A. PELAR. Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $153,406.22 Interest - 09/23/2008 TO 11/13/2008 ''?+? $1.801.80 TOTAL ???? $155,208.02 I hereby certify that (1) the addr40" DDefendant(s) are as shown above, and (2) that notice has been given in accordance with Rtlle 2)opy attached. _ 410 aniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: PHS# 187329 N 1, / J i4A A Id;?.;4 -1;77 PRO PROTHY 7- Exhibit "C" ?L s v w N oo J O? In A w N C. N ?. rz dy WM a a 14 y ?+ C) 00 fp k c C CL c y O eD ' o n O a c r eD ep N W ? .? y ? ? r a O a ? y O b ?' Q A z f° y ? ? o. eD a w ?mr?y C17 ?? o o y 5 -0 n. x 3 ?, g ao ? CA w .n i5 w 5 1 - . s ° I I Fl y ? ? ? {11 $ ? ? c a. (( r 3 ? ®/ v eovuEs b $ otio y o• , 02 1M APR 03 2009` 4213010 ° .? -a 000 FROM ZIP CODE 1910 E - ? ? MAILED B w ? ? m c CD m s .g N Eg a a ? ? o rn S w Oar ffDD 'ps' fD fD W to .S d 2 CD (IVD C CA c N 0 'v r a z Ra n x c? r r b ?c L 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: W-2-105- By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County PATRICK A. PELAR Defendant No. 08-CIVIL-5692 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. PATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 DATE: `4 /Z /11.?- Phelan Hallinan & Schmieg, LLP By: r Michele M. Bradford, Esquire Attorney for Plaintiff FILED-Ci-"-:CE OF TFEE F' n 11 !C! APY 2009 APR 13 AM 9: 4 ! GJ"?, _ r y APR 14 2009cn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County PATRICK A. PELAR No. 08-CIVIL-5692 Defendant RULE AND NOW, this I LA, day of 2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. w, T,,, Kj 7-o MA YS o f -Tk -L-x> A cL o (= rR m ?iQD4R,. . Rule Returnable on `'- day ^f ?OD9 Cowtfee BY THE C U T J. AIN oc : (1 wv s f ddv 6goz A8ViQi"yvr->.[...:bd 3HI jp Michele M. Bradford, Esquire elan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com ,eOATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 187329 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff V. PATRICK A. PELAR Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 08-CIVIL-5692 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 15, 2009 Rule was sent to the following individual on the date indicated below. PATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 DATE: 4 ? 1I61 Phel ri Schmieg, LLP By: MichLle M. Bradford, Esquire Attorney for Plaintiff FILED-0 - V -E, OF Ti F. 2909 APP 30 Ail 10: j PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff V. PATRICK A. PELAR Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-CIVIL-5692 MOTION TO MAKE RULE ABSOLUTE PHH MORTGAGE CORPORATION, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on April 13, 2009. 3. A Rule was entered by the Court on or about April 15, 2009 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on April 29, 2009, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". Defendant failed to respond or otherwise plead by the Rule Returnable date of May 5, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. 0iMi lan Mallinan & ieg L -Skmkl DATE: By: /-,//u ? L e B radford, squi Attom ?rA'-r Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff V. Civil Division CUMBERLAND County PATRICK A. PELAR Defendant No. 08-CIVIL-5692 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 13, 2009. A Rule was entered by the Court on or about April 15, 2009 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on April 29, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 5, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: 51141 By: OU NAttomey an & ie L Br or , Esquir Plaintiff Exhibit "A" APR 1 d 2009 61 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. PATRICK A. PELAR CUMBERLAND County No. 08-CIVIL-5692 Defendant LL RULE AND NOW, this i T? day of 2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Rule Returnable 20 AaAs of +I%e. cka e- of JW%s oraee BY THE CO J. Exhibit "B" 1 ?n ''' 'fitt a ._ U d fi?a`1 U - PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff V. PATRICK A. PELAR Defendant Court of Common Pleas AiA Eision o?inty No. 08-CIVIL-5692 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 15, 2009 Rule was sent to the following individual on the date indicated below. PATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 DATE: A ? 1161 BY: A'TW&YRLE Copy, (PLEASE AFTi Phel alli & Schmieg, LLP Mich le M. Bra ord, Esquire Attorney for Plaintiff 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 Make Rule Absolute 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 sworn penalties of 18 Pa.C.S..#4904 relating to the unsworn falsification of authorities. 1linan i , LLP DATE: By; A M. radford, Esqu' Attorn for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County PATRICK A. PELAR Defendant No. 08-CIVIL-5692 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. PATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 c Tn Ha an ieg, P DATE: 7 By; the e . Bradfo d, Esquire Attorney for Plaintiff RU t;, ; OF , 2009 ! 13 iv{, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff V. PATRICK A. PELAR Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF BLAIR CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-CIVIL-5692 SS: AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE I, a4f `,:0& Esq. attorney for PHH MORTGAGE CORPORATION herby verify as fo ows: As required by Pa. R.C.P. 3129. 1 (a), Notice of Sale has been given to all known Lienholders and any known interested party 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 Affidavit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto as Exhibit "A". AN & SCHMIEG, LLP Date: M'j ttl\ l a ooo) By: v Lawr n c e n, ., Id. No. 27 Fr cis S. Hallinan, sq., Id. No. 62695-- C aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Attorneys for Plaintiff 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. 187329 4. PHH MORTGAGE CORPORATION Plaintiff, V. PATRICK A. PELAR Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-CIVIL-5692 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .203 NORTH LOCUST POINT ROAD MECHANICSBURG. PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PENN WASTE INC. 88 BRICKYARD ROAD P.O. BOX 3066 YORK, PA 17402 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Last Known Address (if address cannot be reasonably ascertained, please indicate) 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 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 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h 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 sta nts here are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsific on to authorities PHELAN HALLINAN & SCUMIEG. LLP By: Lawrence T. Phelan, Esq., Id. 227 Fis ranie S. Hallinan, Esq., Id. No. 62695 G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Attorneys for Plaintiff bo ? r o v, 1? w N O ?o w --j a, ?A -9?1 w N c o E .d o v Y D o 1 w r H N ?7 . ` C) CD Z x = c CD 11 1 H rod ? ?0 mz om, o " awco z a ?z ? ny nz a bp ? p ?o cD ?•7d O O ° H zr-]? C/> >C C7dN z ? ? Cr1 ? rH?.? mx a a o Y 0? CD C c y (7x0 r n Y ?* 00 c N to , cn x ? w? ; b L z O < o b (D CL -0 Cl) > t-j ro d a v a r c. o ? x? x a o Y o o ?• ao 00 v O C N O b > to C D b C + J (?D W v H v A O O Q N O PCI O Irl CO ~ ? o ? a 3 w g CD O p gyp M - n p ss aoo' ?' w ~ O COD co?y gA W ? W H • •? w. % o y 5O Q N w ? p C o c= O O v' • C ? 7 ? 7 r 0 o?= ° of ?. 5 0 CD r q e 0 w ? ? ? n rv x g ?. _Q H ° ®gTNEY BOWES 02 1M $ OZ ZO° '? y• g . 0004218010 JAN 26 2009 MAILED FROM ZIP CODE 19103 w o 0?7 a. ? CL Vi R ? a O •? .? CAD Y CD 0 r ?C? •? ? a n C/] ? a f,Y zCD r rn r ?o ? o O r r' z ? R in A w N p ?D oo O? to A w N Cb . 00 b > ? C27 a D ? ? b z a 3 c (D fiE Z Y 0:ti?z? 0°' s z pc ? a 4+r?ran m Aa7Jl?f u, yr N ? 'O O 5 d ^° O 00 w tlaR N ? N O ? ; A ir , c o p ? G 6 8 qa 3 ? o 3 s g ? g a c 3 A 7 3 6 ? G 8 R O 8 ? ? 9 S c v P o R SA j? - m 02 1M $ 01.20a 0004218010 MAY06 2009 \?-?, MAILED FROM ZIPCODE 19103 oaz -,am r a3 f so- A y Z d o a? a c 00 A < G 7 F A O O a z r z Fyn rn r 'r `C "'N:: Tl- _.i MAY 15 20094 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County PATRICK A. PELAR No. 08-CIVIL-5692 Defendant ORDER AND NOW, this (7 day of 04.71 , 2009, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $143,398.13 Interest Through June 10, 2009 $16,145.63 Per Diem $34.65 Late Charges $464.83 Legal fees $1,650.00 Cost of Suit and Title $1,016.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $120.00 ($0.00) $938.36 $163,733.45 Plus interest from June 10, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. !9 ' r7yr A t j - 4 I jam' -rl ,lwW J' I5J"ui 1 i 41?,? t^y ' io v .? 61 ;,Vw 60oz - ii -10 In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-5692 Civil Term PHH Mortgage Corporation VS Patrick A. Pelar Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2009 at 2030 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Patrick A. Pelar, by making known unto Tiffany Heccik, Fiance and as Adult in Charge, at, 203 North Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 0934 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Patrick A. Pelar, located at, 203 North Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Patrick A. Pelar, by regular mail to his last known address of 203 North Locust Point Road, Mechanicsburg PA 17050. This letter was mailed under the date of April 1, 2009 and never returned to the Sheriffs Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff s Costs: Docketing 30.00 Poundage 15.90 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Milage 19.80 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 267.28 Share of Bills 15.43 Post Pone Sale 40.00 810.91 ? o/a z?09 ?-. ?-a c;Je-- '7. V'S3 44- ., 3 / - 9 S PLED CF r HI? ,. So Answ rs R. Thomas Kline, Sheriff By Real Estate Coordinator 20013 0,C 12 A1?I I 1 2 -,; . -'%, PHH MORTGAGE CORPORATION w ^ Plaintiff, v. CUMBERLAND COUNTY COURT OF COMMON PLEAS PATRICK A. PELAR CIVIL DIVISION Defendant(s). NO. 08-CIVIL-5692 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,203 NORTH LOCUST POINT ROAD, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: r - . Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th 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.A. § 4904 relating to unsworn falsification to authorities. January 9, 2009 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff PHH MORTGAGE CORPORATION Plaintiff, V. CUMBERLAND COUNTY No. 08-CIVH,5692 PATRICK A. PELAR Defendant(s). January 9, 2009 TO: PATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 "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 A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 203 NORTH LOCUST POINT ROAD, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $155,208.02 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL ' DESCRIPTION r ALL THAT CERTAIN lot of ground with improvements thereon situate in Silver Spring Township, Cwnberland County, State of Pennsylvania, on the West side of Locust Point Road, bounded and described as follows, to wit: BEGINNING at a point in the center line of said Locust Point Road, at the corner of Lot No. 5, as shown in the hereinafter mentioned Plan of Lots; thence along the center line of said Locust Point Road, South 21 degrees 54 minutes East, 107.52 feet to a point at the comer of land of Calvin R. Asper; thence along said land of Calvin R. Asper, and continuing along other land of Albert F. Kost, Jr. and Beatrice F. Kost, his wife, South 65 degrees 30 minutes West 200.21 feet to an iron pin; thence along said other land of Albert F. Kost, Jr. and Beatrice F. Kost, his wife, North 21 degrees 54 minutes West, 116.6 feet to an iron pin at the corner of Lot No. 5 aforesaid; thence along the line of said Lot No. 5, North 68 degrees 6 minutes East, 200 feet to an iron pin in the center line of Locust Point Road, aforesaid, the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Patrick A. Pelar, a married person, by Deed from Vonnie G. Roland, a single person, dated 12/10/2004, recorded 12/13/2004 in Book 266, Page 3433 PREMISES BEING: 203 NORTH LOCUST POINT ROAD, MECHANICSBURG, PA 17050 PARCEL NO. 38-08-0569-002C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTN.OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5692 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Plaintiff (s) From PATRICK A. PELAR (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $155,208.02 L. L. $.50 Interest from 11/14/08 - 6/10/09 (per diem - $25.87) -- $5,406.83 and Costs Atty's Comm % Atty Paid $160.00 Plaintiff Paid Date: 1/14/09 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs urtis R. Lo , rothonotar By: Name: DANIEL G., SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215.563.7000 Supreme Court ID No. 62205 Deputy Real Estate Sale # 20 y On January 28, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 203 North Locust Point Road Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 28, 2009 By: I S Z d S I NU 6001 V%j J 183h-) , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : 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: May 1, May 8, and May 15, 2009 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. sa Mari Coyne, Ed' r SWORN TO AND SUBSCRIBED before me this 15 day of May, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 26, 2010 RNU JWA?S SACS NO. 20 Writ No. 2008-5692 Civil PHH Mortgage Corporation VS. Patrick A. Pelar Atty.: Daniel G. Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with improvements thereon situate in silver spring Township, Cumberland County, State of Pennsylvania, on the West side of Locust Point Road, bounded and described as follows, to wit: BEGINNING at a point in the center line of said Locust Point Road, at the corner of Lot No. 5, as shown in the hereinafter mentioned Plan of Lots; thence along the center line of said Locust Point Road, South 21 degrees 54 minutes East, 107.52 feet to a point at the corner of land of Cal- vin R. Asper; thence along said land of Calvin R. Asper, and continuing along other land of Albert F. Kost, Jr. and Beatrice F. Kost, his wife, South 65 degrees 30 minutes West 200.21 feet to an iron pin; thence along said other land of Albert F. Kost, Jr. and Beatrice F. Kost, his wife, North 21 degrees 54 minutes West, 116.6 feet to an iron pin at the comer of Lot No. 5 aforesaid; thence along the line of said Lot No. 5, North 68 de- grees 6 minutes East, 200 feet to an iron pin in the center line of Locust Point Road, aforesaid, the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Patrick A. Pelar, a mar- ried person, by Deed from Vonnie G. Roland, a single person, dated 12/ 10/2004, recorded 12/13/2004 in Book 266, Page 3433 PREMISES BEING: 203 NORTH LOCUST POINT ROAD, MECHAN- ICSBURG, PA 17050. PARCEL NO. 38-08-0569-002C. The Patriot-News Co. 812 Market St., Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c7,4 e Patti* ot 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: 04/24/09 05/01/09 05/08/09 ....z ?`2........... Sworn t an ubscribed before me this 12 day of May, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notanal Seal Sheme L. Kisner, Notary Public City Of Harrisburg, Dauphin County My Corrtrniesiw Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries Real Estate No. 20 Writ No. 2008.5892 Civil Term PHH Mortgage Corporation Patrick A. Polar Attorney Daniel Schmleg LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with improvements thereon situate in Silver Spring Township, Cumberland County, State of Pennsylvania, on the West side of Locust Point Road, bounded and described as follows, to wit: BEGINNING at a point in the center line of said Locust Point Road, at the comer of Lot No. 5, as shown in the hereinafter mentioned Plan of Lots; thence along the center line of said Locust Point Road, South 21 degrees 54 minutes East, 107.52 feet to a point at the corner of land of Calvin R. Asper; thence along said land of Calvin R. Asper, and continuing along other land of Albert F. Kost, Jr. and Beatrice F. Kost, his wife, South 65 degrees 30 minutes West 200.21 feet to an iron pin; thence along said other land of Albert F. Kost, Jr, and Beatrice F Kost, his wife, North 21 degrees 54 minutes West, 116.6 feet' to an iron pin at the corner of Lot No. 5 aforesaid; thence along the line of said Lot No. 5, North 68 degrees 6 minutes East, 200 feet to an iron pin in the center line of Locust Point Road, aforesaid, the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Patrick A. Pelar, a married person, by Deed from Vonnie G. Roland, a single person, dated 12/10/ 2004, recorded 12/13/2004 in Book 266, Page 3433 PREMISES BEING: 203 NORTH LOCUST POINT ROAD, MECHANICSBURG, PA 17050 PARCEL NO. 38-08-0569-002C PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 PHH MORTGAGE CORPORATION Plaintiff V. PATRICK A. PELAR Defendant(s) PRAECIPE TO ENTER ORDER To the Prothonotary: : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-CIVIL-5692 : CUMBERLAND COUNTY Kindly enter the attached REASSESSMENT ORDER and AMEND THE JUDGMENT by Order in favor of the Plaintiff and against PATRICK A. PELAR defendant(s). As Set Forth in the Order $163,733.45 By: a ?. - ) J L D U N e?? Qss??? ke41 t&Ct Phe1 Hallinan & Schmieg; LLP ? L ence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? eetal R. Shah-Jani, Esq., Id. No. 81760 Jemne R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 MAY 1 5 2009 (,7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County PATRICK A. PELAR No. 08-CIVIL-5692 Defendant ORDER AND NOW, this 1 day of I •La?/ , 2009, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tune as follows: Principal Balance $143,398.13 Interest Through June 10, 2009 $16,145.63 Per Diem $34.65 Late Charges $464.83 Legal fees $1,650.00 Cost of Suit and Title $1,016.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/grokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $120.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $938.36 TOTAL $163,733.45 Plus interest from June 10, 2009 through the-date of sale. at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT ?,/ J. +e, 187329 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PHH MORTGAGE CORPORATION Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V PATRICK A. PELAR Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/11/2009 to Date of Sale ($27.29 per diem) NO. 08-CIVIL-5692 CUMBERLAND COUNTY $163,733.45 $12,416.95 TOTAL 0,W-00 ey/. U U SO 1A1 oo fk.vv c .9a .a d Co Note: Please attach description of property. PHS # 187329 C? Q551It R.? a ??34Y el Hallinan & Schmft, LLP L wrence T. Phelan, Esq., Id. No. 32227 ancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 dithT. Romano, Esq., Id. No. 58745 eetal R. Shah-Jani, Esq., Id. No. 81760 V Je nine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 20677 ° , ? Andrew C. Bramblett, Esq., Id. No. 208333 ° a Pt sl : r`. F71 0 O Ho l ° ¢ E Ha Cl. axe U In. a°cn ¢xU 3 UI:e.Q zu b ¢oW? ¢ P N 4 w O> p O N rA 0.4 *4 00 'A 00 M M M ? ?' CD Z O O O py ' O U N N N I- 00 r- N.0 "D O oo O cn N t- 00 C N N p O Q1 (?j W y CLr z 0 O z Z W(7, N- ,,O O p b 0 G Z O W a?ZZb.z'o d o c"o ozZ Q,zZ o ^ O p ?, Qw 6 Z? a a:? a a~W w0 Ewww ?, 0' a~wWW p V ?•l W ''? y rig coo a?°Ai ° o ww w~ v .. CIS coo to,, F" W o a a? x v? a! A F" > o a ci >, U U A. > a 96 w ????OSI?????????? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5692 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Plaintiff (s) From PATRICK A. PELAR (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION, (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $163,733.45 L.L. Interest FROM 6/11/2009 TO DATE OF SALE ($27.29 PER DIEM) -- $12,416.95 Atty's Comm % Due Prothy $2.00 Atty Paid $1006.41 Other Costs Plaintiff Paid Date: JUNE 9, 2010 uell, Prot onotary (Sea!) By: Deputy REQUESTING PARTY: Name JENINE R. DAVEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 87077 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff V. PATRICK A. PELAR Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-CIVIL-5692 : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. _ By: ' o (V U Phel Hallinan & Schmi4 LLP ? L ence T. Phelan, Esq., Id. No. 32227 ? Fr cis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 Vheetal R. Shah-Jani, Esq., Id. No. 81760 LfJ Jennie R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 r PHH MORTGAGE CORPORATION Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V. PATRICK A. PELAR Defendant(s) NO. 08-CIVIL-5692 CUMBERLAND COUNTY PHS # 187329 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 203 NORTH LOCUST POINT ROAD, MECHANICSBURG, PA 17050. e"N r.a Name and address of Owner(s) or reputed Owner(s): Name PATRICK A. PELAR 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE c a ' Tl , Address (if address cannot be reasonably ascertained, please so indicate) 7" ''v' 203 NORTH LOCUST POINT ROAD x? MECHANICSBURG, PA 17050 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Penn Waste, Inc. 88 Brickyard Road; P.O. Box 3066 York, PA 17402 4. Name and address of last recorded holder of every mortgage of record: Name 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 Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6`h Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 13TH 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.A. § 4904 relating to unsworn falsification to authorities. _ May 26, 2010 Phela allinan & Schmieg,P El L nce T. Phelan, Esq., d. No. 32227 ? Fr is S. Hallinan, Esq., Id. No. 62695 ? Da el G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? J dith T. Romano, Esq., Id. No. 58745 ? heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 I PHH MORTGAGE CORPORATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION PATRICK A. PELAR VS. NO. 08-CIVIL-5"2 a + a c? C:=:) CUMBERLAND`. OeN- TY ?- Defendant(s) - NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: PATRICK A. PELAR -? c• 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 "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, 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 203 NORTH LOCUST POINT ROAD, MECHANICSBURG, PA 17050 is scheduled to be sold at the Sheriff's Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $163,733.45 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 08-CIVIL-5692 PHH MORTGAGE CORPORATION VS. PATRICK A. PELAR owner(s) of property situate in Silver Spring Township, Cumberland County, Pennsylvania, being (Municipality) 203 NORTH LOCUST POINT ROAD, MECHANICSBURG, PA 17050 Parcel No. 38-08-0569-002C (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $163,733.45 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 r z LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, on the West side of Locust Point Road, bounded and described as follows, to wit: BEGINNING at a point in the center line of said Locust Point Road, at the corner of Lot No. 5, as shown in the hereinafter mentioned Plan of Lots; thence along the center line of said Locust Point Road, South 21 degrees 54 minutes East, 107.52 feet to a point at the corner of land of Calvin R. Asper; thence along said land of Calvin R. Asper, and continuing along other land of Albert F. Kost, Jr. and Beatrice F. Kost, his wife, South 65 degrees 30 minutes West 200.21 feet to an iron pin; thence along said other land of Albert F. Kost, Jr. and Beatrice F. Kost, his wife, North 21 degrees 54 minutes West, 116.6 feet to an iron pin at the corner of Lot No. 5 aforesaid; thence along the line of said Lot No. 5, North 68 degrees 06 minutes East, 200 feet to an iron pin in the center line of Locust Point Road, aforesaid, the place of BEGINNING. BEING Lot No. 6 in the Subdivision Plan of Albert F. Kost, Jr., as recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 37, Page 112. UNDER AND SUBJECT to all rights, restrictions, easements a nd rights-of-way of prior record. TITLE TO SAID PREMISES IS VESTED IN Patrick A. Pelar, a married person, by Deed from Vonnie G. Roland, a single person, dated 12/10/2004, recorded 12/13/2004 in Book 266, Page 3433. PREMISES BEING: 203 NORTH LOCUST POINT ROAD, MECHANICSBURG, PA 17050 PARCEL NO. 38-08-0569-002C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. C) CIVIL DIVISION c c PATRICK A. PELAR Defendant(s) No. 08-CIVIL-5692 Q u , AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 -b -_ COMMONWEALTH OF PENNSYLVANIA ) c? PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party 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 Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attacl IVAere tto&xhAit "A". O /Daniel T NelanVEsq., Id. No. 32227 ? rancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff Date: July 30, 2010 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. PHS # 187329 O I I I I I = ?qy N qp N C 0 L 6 l 3000 dIZ Woad a3mm z S b w OWZ LZAM 9SUM,000 .? 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M c M U Z x ? a a ?O O a r ? h b Cd b 4. z¢O a? w "' o ? O31ltiW ..r c'OL61 dU WO-S:' 000 9S 0 ,Cob ? ° E ? " ? 0 oz, O W l Z O y?" u v E d ._- S?pg A3N1b ? f ? ? E y ? [? ?? ? E c uh ? y t c A c o ? ° u E 3° C a o y d OE a .? E ` U C O o E = 0°?3 ? u N N G E y ltl w ? U ? = N ?- c F e u o ? F N V ? O c c 'O C y w ? N > > O d a u ° o 0 ,Q 'O O r U O v RU O O U O O _ N N O N N _ C O T E o w o .. c = w o ? 0 ' w O _ C w o c' E E O. V4 . ° U ip °- - e ? O 00 ., 7 b 3 E E o s dsrn M L w d Q w U Z o O cs! z ° y d d ?, ° E o a w M ? W im ' b ? UW U? L;4 UQE, r? ?' E , -, as N z.1 w „ ? . wo, > od ..,dZO?- o3W0?d ..,Q?? o 7?? a d ;, zrxU z lwa C z Vd Oft F ;,? ° O ITO . aQG.? =.?'?°' 000 O . U o Q ADU A jCL?Z? OQE'w OG ?o o d d xZp dd 0 d ? dA A?z „ Z AO oQ d w AQwQ 0 a w Z ?Mri r ? UG?U ?UFU ? Ha i i .a N " T o ? .c 7 .N C rr N M le ?o t-- 00 cN O .-r N M `V' N ?y >ey X?/? PHH MORTGAGE CORPORATION Plaintiff V PATRICK A. PELAR Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-CIVIL-5692 CUMBERLAND COUNTY PHS # 187329 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 203 NORTH LOCUST POINT ROAD, MECHANICSBURG, PA 17050. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) PATRICK A. PELAR 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Penn Waste, Inc. 88 Brickyard Road; P.O. Box 3066 York, PA 17402 MIDLAND FUNDING, LLC MIDLAND FUNDING, LLC MIDLAND FUNDING, LLC 1315 AERO DRIVE, SUITE 6 SAN DIEGO, CA 92123 C/O PHILIP C. WARHOLIC, ESQ. MANN BRACKEN LLP 4660 TRINDLE ROAD, STE. 300 CAMP HILL, PA 17011 C/O DAVID R. GALLOWAY, ESQ. TEN EAST HIGH STREET CARLISLE, PA 17013 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 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 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6`h Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13T" 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.A. § 4904 relating to unsworn falsificatior?tq?authorities. Mi, I1/ I-Al July 30, 2010 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? rands S. Hallinan, Esq., Id. No. 62695 ? aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 AFFIDAVIT OF SERVICE PLAIRM pHii MORTGAGE CORPORATION DEFENDANT PATRICK A. PELAR SERVE; PATRICK A- PELAR AT, 2O NORTIi LOCUST POUff ROAD iMCUAMCSSURG, PA 17060 pm # 18732! RZIVIjIL-m" TYPE, OF ACTION %S Ne" a(Sherw3 sale SALE DATE: og/"/?Slo g ra c3 ci s -Y 6• C won the 93Aday of J 1 A . 20 ( R ?? ? osTQrr'K A 1? -AR . Defendant a descri? below: Served and made M., at n3 N L"' • « WAN . in the mann M151 o'clock N Defer at, mved- 6C Adult faaody » whom Defendant(s) reside(s)• , Relationship is -WIE wlw refused to give name or feaationahiP. _ Adult in charge of Deteod>mt in which DefemanKs) reside(s). ? °f place of lodgu?8 Lake of business. _ Agent or person in charge of Defendants office or usual p an officer' of said Defendants company Other. p Race w Sex _.F.._ Other De . Age ? Height C2AL W? -_ Des I POW lly a ?ptu t adult, being duly swan according to law, depose and state that the GPa? i, ,nos %k in the ummer as set forth herein, issued in handed a true and con+ect copy of the N, • e o case on the date and at the address indicated above. Sworn to and subscribed before this day KIMBERLY CURTY N uE ?1-R NOTARY PUBLIC N Y STATE OF NEW JERSEY u 0_, at _ d clock M., Defeadot ?#rg? gS?XPiRES MARCH 7,1013 2 Bad Address _ Moved _ Does Not _ ant No Answer on at ---- Serr(ioe Refused • . Other Swan to and subscribed before me this _ day By Notary: era: w>? S-? • Mar?tr.a.r.+.aw?rr•N..rws ?i?Ran4 4.Yp??f1 VhUcadwMwb aN.A p?.fl<13i1 yrts.. aw.?rILM6 aILML 34 ?>r.sar.r6r.r+•N..?wr A.r,..c uw.awns amaamnrr SHERIFF'S OFFICE OF CUMBERLAND COUNTY r Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor PHH Mortgage Corporation vs. Patrick A Pelar L40,?- at Cumf,j41", F 1 0 1.. ? 11 !,4 I -7 Arl 8' ' 3" F[I:- N'N{SYL'4'rr 11 , Case Number 2008-5692 SHERIFF'S RETURN OF SERVICE 06/28/2010 09:32 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 6/28/10 at 2132 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Patrick A. Pelar, located at, 203 North Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 06/28/2010 09:32 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 6/28/10 at 2132 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Patrick A. Pelar, by making known unto, Patrick A. Pelar, personally, at, 203 North Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 09/08/2010 As directed by Phelan, Hallinan & Schmieg, Attorney for the Plaintiff, Sheriff's Sale Continued to 11/3/201( 11/01/2010 As directed by Phelan Hallinan & Schmieg, LLP, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/5/2011 01/04/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Schmieg on 1/4/11. SHERIFF COST: $666.00 January 04, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 7 5P6- ' a S35o? _ , ..Qlrtl?fSUitE ShOr!.rt. !e;l rlC;Sti`f, In;;. PHH MORTGAGE CORPORATION F-intiff V. PATRICK A. PELAR Defendant(s) PATRICK A. PELAR PHS # 187329 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 203 NORTH LOCUST POINT ROAD, MECHANICSBURG, PA 17050. Name and address of Owner(s) or reputed Owner(s): Name 2. 4. 5 Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-CIVIL-5692 CUMBERLAND COUNTY Address (if address cannot be reasonably ascertained, please so indicate) 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Penn Waste, Inc. 88 Brickyard Road; P.O. Box 3066 York, PA 17402 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 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 6y the sale: } Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 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 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6"Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH 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.A. § 4904 relating to unsworn falsification to authorities. May 26, 2010 Phel allinan & I)LP ? L nce T. Phelan, Esq., d. No. 32227 ? F is S. Hallinan, Esq., Id. No. 62695 ? D el G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? J dith T. Romano, Esq., Id. No. 58745 ? heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 PHH MORTGAGE CORPORATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. PATRICK A. PELAR Defendant(s) : NO. 08-CIVIL-5692 : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: PATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 * *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, 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 203 NORTH LOCUST POINT ROAD, MECHANICSBURG, PA 17050 is scheduled to be sold at the Sheriff's Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $163,733.45 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 08-CIVIL-5692 PHH MORTGAGE CORPORATION vs. PATRICK A. PELAR owner(s) of property situate in Silver Spring Township, Cumberland County, Pennsylvania, being (Municipality) 203 NORTH LOCUST POINT ROAD MECHANICSBURG PA 17050 Parcel No. 38-08-0569-002C (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $163,733.45 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, on the West side of Locust Point Road, bounded and described as follows, to wit: BEGINNING at a point in the center line of said Locust Point Road, at the corner of Lot No. 5, as shown in the hereinafter mentioned Plan of Lots; thence along the center line of said Locust Point Road, South 21 degrees 54 minutes East, 107.52 feet to a point at the corner of land of Calvin R. Asper; thence along said land of Calvin R. Asper, and continuing along other land of Albert F. Kost, Jr. and Beatrice F. Kost, his wife, South 65 degrees 30 minutes West 200.21 feet to an iron pin; thence along said other land of Albert F. Kost, Jr. and Beatrice F. Kost, his wife, North 21 degrees 54 minutes West, 116.6 feet to an iron pin at the corner of Lot No. 5 aforesaid; thence along the line of said Lot No. 5, North 68 degrees 06 minutes East, 200 feet to an iron pin in the center line of Locust Point Road, aforesaid, the place of BEGINNING. BEING Lot No. 6 in the Subdivision Plan of Albert F. Kost, Jr., as recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 37, Page 112. UNDER AND SUBJECT to all rights, restrictions, easements and rights-of-way of prior record. 'TO SAID PREMISES IS VESTED IN Patrick A. Pelar, a married person, by Deed from Vonnie G. Roland, a single person, dated 12/10/2004, recorded 12/13/2004 in Book 266, Page 3433. PREMISES BEING: 203 NORTH LOCUST POINT ROAD, MECHANICSBURG, PA 17050 PARCEL NO. 38-08-0569-002C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-5692 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Plaintiff (s) From PATRICK A. PELAR (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $163,733.45 L.L. Interest FROM 6/11/2009 TO DATE OF SALE ($27.29 PER DIEM) -- $12,416.95 Atty's Comm % Due Prothy $2.00 Atty Paid $1006.41 Other Costs Plaintiff Paid Date: JUNE 9, 2010 (Seal) Deputy REQUESTING PARTY: Name JENINE R. DAVEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 87077 u On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as, 203 North Locust Point Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: Real Esta a Coordina PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : 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: July 16, July 23, and July 30, 2010 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. Writ No. 2006-5692 Civil PHH Mortgage Corporation VS. Patrick A. Pelar Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 08-CIVIL-5692, PHH MORT- GAGE CORPORATION vs. PATRICK A. PELAR, owner of property situate in Silver Spring Township, Cumber- land County, Pennsylvania, being 203 NORTH LOCUST POINT ROAD, MECHANICSBURG, PA 17050. Parcel No. 38-08-0569-002C. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $163,733- .45. Lisa Marie Coyn Editor SWORN TO AND SUBSCRIBED before me this 30 day of July 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary PublIc CARLISLE BOROUGH, CUMBERLANO COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. ?,. 2020 Technology Pkwy Suite-300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ZhePatriot 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 ipublished in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below That neither she 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 she 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: Writ NO. 2008-5692 Civil Term 07/09/10 PHH Mortgage Corporation Vs 07/16110 Patrick A Pelar 07/23110 Atty: Daniel Schmieg By virtue of a Writ of Execution NO.08-CNQ,- ?r 5692 .? PHH MORTGAGE CORPORATION vs. PATRICK A. PELAR owner(s) of property situate in Silver S rin ' Sworn to a subscribed before a tho 05 day of August, 2010, A.D. p g Township, Cumberland County, Pennsylvania, being ,. (Municipality) 203 NORTH LOCUST POINT ROAD, Notary Public MECHANICSBURG, PA 17050 Parcel No. 38-08-0569-002C (Acreage or street address) Improvements thereon: RESIDENTIAL COMMONWEl 1. H OF PENNSYLVANIA ( _ _ DWELLING i"Ic?ta+5ai Berl - -? J[JDGMENTAMOUNT: $163,733.45 Sherrie L Kisner, Notary Putli:_ Lower Paxton Twp., Dauphin County I? Niy Commission Expires Nov. 26, 2011 t94?rnkn r ? ' `?C, I:.tinr, pf ?CtE1riPi 1 FILED-OFFICE U THE PROTNONOTAR`r` Phelan Hallinan & Schmieg,'LPUL ' 2 AM 10: 30 Attorney For Plaintiff 1617 JFK Boulevard, suite 849I£RLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs PATRICK A. PELAR Defendant : Court of Common Pleas : I Civil Division : I CUMBERLAND County : I No. 08-CIVIL-5692 TO THE PROTHONOTARY: PRAECIPE ? Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ? Please mark the above referenced case Settled, Discontinued and Ended. ® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ? Please mark t e in rem judgment Satisfied and the action Discontinued and Ended. Date: P LAN LINAN & SCHMIEG, LLP PHS # 187329 y: e issa J. Cantwell, Esq., . No.308912 Attorney for Plaintiff Ck? So0 1sib Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs PATRICK A. PELAR Defendant Attorney For Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 08-CIVIL-5692 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: PATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHANJCVPURG, PA 17050 Date: PHS # 187129 LB: Melissa J. Cantwell, Esq., . No.308912 Attorney for Plaintiff