Loading...
HomeMy WebLinkAbout05-5834 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 (2151 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 A TTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Or:; - SJ'J'I CuL lUL">\.. CUMBERLAND COUNTY v. JOHN P. BLESSING 1925 COLUMBIA AVENUE CAMP HILL, PA 17011 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T 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, PAl 70 I 3 (800)990-9108 File #: 93908 File #: 93908 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS 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 EST ATE. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) of the Defendant(s) are: JOHN P. BLESSING 1925 COLUMBIA AVENUE CAMP HILL, PA nOI1 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/28/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1781, Page: 1099. 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 01/0 I /2004 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 #: 93908 6. The following amounts are due on the mortgage: Principal Balance Interest 06/01/2004 through 11108/2005 (Per Diem $26.88) Attorney's Fees Cumulative Late Charges 10/28/2002 to 11108/2005 Cost of Suit and Title Search Subtotal $112,116.88 14,081.02 1,250.00 222.25 $ 550.00 $ 127,783.55 Escrow Credit Deficit Subtotal TOTAL 0.00 3,335.50 $ 3,335.50 $131,119.05 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice ofIntention 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. 9. This action does not come under Act 6 of] 974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 13] ,119.05, together with interest from] 1108/2005 at the rate of $26. 77 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Is2~ s~!n~ LA WRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 93908 LEGAL DESCRIPTION ALL THA T CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Southerly line of Columbia Avenue, said point being the dividing line between Lots Nos. 44 and 45 on the hereinafter mentioned Plan of Lots; thence in a Southerly direction along said dividing line one hundred fifty (150) feet to Lot No. 27 on said Plan; thence in a Westerly direction along said Lots Nos. 27 and 26, fifty-nine and seventy-nine hundredths (59.79) feet to Lot No. 46 on said Plan; thence in a Northerly direction along said Lot No. 46, one hundred fifty (150) feet to the Southerly line of Columbia A venue thence in an Easterly direction along said Columbia Avenue fifty-nine and seventy-nine hundredths (59.79) feet to the place of BEGINNING. BEING Lot No. 45, Plan of College Park as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 4, page 8. Having thereon erected a single brick dwelling house known as 1925 Columbia Avenue. BEING THE SAME PREMISES WHICH Christopher Robert Fisher and Silvija Fisher, husband and wife, by their deed dated July 14, 1993, recorded July 20, 1993, in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book K-36, page 433, granted and conveyed unto John P. Blessing, single man, and Melinda J. Lininger, single woman, who have married and divorced, Grantors herein. Under and subject to any and all covenants, conditions, reservations, restrictions, limitations, right-of-ways, objections, easements, agreements, etc., as they appear of record. With the appurtenances: TO HAVE AND TO HOLD the same unto and for the use of said party. PROPERTY BEING: 1925 COLUMBIA A VENUE File #: 93908 1_- VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction ofthe court and or the verification could not be obtained within the time allowed for the filing ofthe pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. F5;~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE:~ 0 ~ p ~ IJI ~ lI( .l:::. Ul - () ~ 0- C> w -U ~ 8 F \' ~ E J::- (j ,..., <::,~) C-:::;, ,'..'-1 C~, """.:: o -n --< :r: 'Ti IT\C~ ::':~~'.j f)CJ -~:r'\ '--'~t:'l~ . , '::~~ '\'. 8 , \.,.::') " 0- N {.Jl ~-, :<. SHERIFF'S RETURN - REGULAR CASE NO: 2005-05834 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS BLESSING JOHN P SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BLESSING JOHN P the DEFENDANT at 1920:00 HOURS, on the lOth day of November, 2005 at 1925 COLUMBIA AVENUE CAMP HILL, PA 17011 by handing to JOHN BLESSING a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 14.40 .00 10.00 .00 42.40 ,/ ../"..-"'/" .",;_,<,::'c~--r' R. Thomas Kline Sworn and Subscribed to before me this /J/." day of /""K~b'c~~.. .D. r::~7/1 11/14/2005 PHELAN HALLIN..AN SCHMI.EG 1r By: cj f ~ / ., Ut" I! / Deputy Sher ff ~ -" PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 05-5834 CIVIL TERM JOHN P. BLESSING Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $132,328.65 Interest from 12/23/05 to JUNE 07, 2006 (per diem -$21.7 5) $3,632.25 and Costs TOTAL $135,960.90 DANIEL G. SCHMIEG, E One Penn Center at Suburb ation 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. < Z. \;0<...... 0 o~ ...... ~~ u ,.... e ~..... u~ \>l"",, ...... ~'" Z. ~ I.-' .... ... z.z. 0'" ~ \>la o~ ~~ \;0<,9 ,....\>l '" ~~ '" 0<.) U,.... <l) ~ ~ \>l'" \>l ~~ O~ ,.<~ ,;, S uz. \>lz. > ~~ \;o<p ~g ~ 00 ~ ~~ u i3S 0'" ~~ \;0<0 0 \>l6 p~ ~,.... ...., 0 3-a o~ ~I.-' ~ ~\>l ~ ,....~ ~ ~p u .. ~ , - .- -tCl - - - - -- - ..;:':' ...Q:. ~".).., " ""t :: - - c> ' V1 - ... .~ .!) - \ '. ~ c:.J -- ~~3: .'~:" .- \ l -^) , ~.-::) .C) ,:J <J 'a1 0 0 () <J u- ~ VI :t CI () :r <) VI ltJ ('( lIJ 0- ~ ::r -- :::r 11) '" ~ ~ ,... ,... <::> r- ,... ~ ~ ...i: ~ t:I: ~ ~ u ~ \>l P Z. -d \>l " ..... ~ t: <l) ~ if' " ...... p ~ ~ 3 6 if' 0 is u g. oil 0. ... " a-, '" ,... ~ ~ '3= ~ " ~ ~ ~ Vl J1 + -;;} ~ ---- I.J --.0 ~ -I ~ J rl. :::r I <:- << C 't-- :r- -- ~ ]L 0 .;s !;!. .- ~ J-=S <J () a L1 - ~~ , -.. ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Southerly line of Columbia Avenue, said point being the dividing line between Lots Nos. 44 and 45 on the hereinafter mentioned Plan of Lots; thence in a Southerly direction along said dividing line one hundred fifty (150) feet to Lot No. 27 on said Plan; thence in a Westerly direction along said Lots Nos. 27 and 26, fifty-nine and seventy-nine hundredths (59.79) feet to Lot No. 46 on said Plan; thence in a Northerly direction along said Lot No. 46, one hundred fifty (150) feet to the Southerly line of Columbia Avenue thence in an Easterly direction along said Columbia Avenue fifty-nine and seventy-nine hundredths (59.79) feet to the place of BEGINNING. BEING Lot No. 45, Plan of College Park as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 4, page 8. Having thereon erected a single brick dwelling house known as 1925 Columbia Avenue. BEING KNOWN AS: 1925 COLUMBIA AVENUE, CAMP HILL, P A 17011 TAX PARCEL # 01-22-0536-295 TITLE TO SAID PREMISES IS VESTED IN John P. Blessing, unmarried, by deed from John P. Blessing, unmarried, and Melinda J. Lininger alk!a Melinda J. Blessing, unmarried, formerly husband and wife, dated 02/23/1998 and recorded 03/02/1998 in Record Book 172, Page 792. WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5834 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the deht, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From JOHN P. BLESSING (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You arc also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEf(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issned; (h) tbe garnishee(s) is enjoined from paying any debt to or for the aceonnt of the defendant (s) and from delivering any property ofthe defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 himlher that helshe has been added as a galnishee amI is enjoined as above stated. Amount Due S 132,328.65 LL $.50 Interest FROM 12/23/05 TO 6/7/06 (PER DIEM - $21.75) - $3,625.25 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid S 124.40 Other Costs Plaintiff Paid Date: .JANll.\1/Y 3, 2006 0Jh4j~dA Prothonot~rJ--- - 7 By: (Seal) Deputy REQUESTI:o.:C; I'ARTY: Name DANlEL G. SCHMIEG, ESQUIRE Address: ()V. PENN CENTER AT SUBURBAN STATION 1617 .JOHN F. KENNEDY BOULEVARD, SUITE 1400 J'IIILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Sllprcrne COWl I D No. 62205 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 PHlLADELPHlA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMHERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION JOHN P. BLESSING NO. 05-5834 CIVIL TERM Defendant(s). 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: o 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. Section 4904 relating to unsworn falsification to authorities. ~ DANIEL G. SCHMIEG, Attomey for Plaintiff o C": ......, c~;) ,.::::> ,:J' (~) ':''(1 ::-' ;=f1;;~: , .. <- ?::,: I ,...<,) c:::> c.() I · .. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COVRT OF COMMON PLEAS v. CIVIL DIVISION JOHN P. BLESSING NO. 05-5834 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., 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 ,1925 COLUMBIA AVENUE, CAMP HILL, P A 17011 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN P. BLESSING 1925 COLUMBIA AVENUE CAMP HILL, ;P A 17011 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) None , -.. 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 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 asceltained, please indicate) Tenant/Occupant 1925 COLUMBIA AVENUE CAMP HILL, P A 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 22. 2005 DATE ~.M.~ DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff () r.:_. '" ~ (::}-, s.- .c..'.... "- I G) C::) \.:.J y MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 05-5834 CIVIL TERM v. JOHN P. BLESSING Defendant(s). December 22, 2005 TO: JOHN P. BLESSING 1925 COLUMBIA AVENUE CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THA T PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A 1TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. " Your house (real estate) at, 1925 COLuMBIA AVENUE:, CAMP HILL. PA 17011, is scheduled to be sold at the Sheriff's Sale on JUNE 07, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$132,328.65 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (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: L 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. I. 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 filll 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. IFYOU DO NOT HAVE ALA WYER 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 A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 . ALL THAT CERTAIN piece or parcel ofland, situate in the Borough of Camp Hill, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Southerly line of Columbia Avenue, said point being the dividing line between Lots Nos. 44 and 45 on the hereinafter mentioned Plan of Lots; thence in a Southerly direction along said dividing line one hundred fifty (ISO) feet to Lot No. 27 on said Plan; thence in a Westerly direction along said Lots Nos. 27 and 26, fifty-nine and seventy-nine hundredths (59.79) feet to Lot No. 46 on said Plan; thence in a Northerly direction along said Lot No. 46, one hundred fifty (150) feet to the Southerly line of Columbia A venue thence in an Easterly direction along said Columbia Avenue fifty-nine and seventy-nine hundredths (59.79) feet to the place of BEGINNING. BEING Lot No. 45, Plan of College Park as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 4, page 8. Having thereon erected a single brick dwelling house known as 1925 Columbia Avenue. BEING KNOWN AS: 1925 COLUMBIA AVENUE, CAMP HILL,PA 17011 TAX PARCEL # 01-22-0536-295 TITLE TO SAID PREMISES IS VESTED IN John P. Blessing, unmarried, by deed from John P. Blessing, unmarried, and Melinda J. Lininger a!kJa Melinda J. Blessing, unmarried, fonnerIy husband and wi fe, dated 02/2311998 and recorded 03/0211998 in Record Book 172, Page 792. o c N c~:_) ,;~.J (.-r" ,- n :::;f\ ---1 ~L--' \."Ip::!- -;-1 i~D ::..,.". ...l..... l I~.' (.,,) n ....0 .. PHELAN HALLINAN & SCHMIEG, L.L.P. ... '\, By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 16I7 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215\ 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERl.AND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-5834 CIVIL TERM JOHN P. BLESSING Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in remjudgrnent in favor of the Plaintiff and against JOHN P. BLESSING, 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 from 11109/05 to 12/23/05 TOTAL $131,119.05 Ll.,209.60 $132,328.65 I hereby certifY that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE:\)Ec :17 d.OoS I PRO PROTH~~ ;; " 10< PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (7 I 'i) 'ilil-7000 MORTGAGE ELECTRONIC REGISTRATION: COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY JOHN P. BLESSING : NO. 05-5834 CIVIL TERM Defendants TO: JOHN P. BLESSING 1925 COLUMBIA A VENUE CAMP HILL, PA 1701I DATE OF NOTICE: DfTFMRFR 1 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WIn I INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ... PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-5834 CIVIL TERM JOHN P. BLESSING Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JOHN P. BLESSING is over 18 years of age and resides at, 1925 COLUMBIA AVENUE, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, Attorney for Plaintiff c ~ .(A.. ~ :-CJ ~ \) r -t: ~ 0 ....' 0 - <..,~ -:) (~~-. j~~ .., ..::z. r:,f~ t- O 9-.. ?, ~ ~ rr1 rnr c-> ~.(~ I\f 1?- N :;-~---( ~ - -' "-'\ t"~J ~ ~ ~-\ ,. -0 . . --1:" , ?~. '-..;. (~;) \ ~-' _._:(11 .,,! <;-. ':? __~l -\.::~ ;:-..:) N :3: ...( (...) " (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT O}' COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-5834 CIVIL TERM JOHN P. BLESSING Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on D~c 27 2005. By: j!~5--~ If you have any questions concerning this matter, please contact: \.)~ DANIEL G. SCHMIEG, S Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 --THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.-- AFFIDAVIT OF SERVICE . \OO.~O CUMBERLAND COUNTY INJD PLAINTIFF MORTGAGE ELECmONIC REGISTRA nON SYSTEMS, INC. No. 05-5834 CIVIL TERM DEFENDANT(S) JOHN P. BLESSING ACCT. #0107250714 SERVE JOHN P. BLESSING AT 1925 COLUMBIA A VENUE CAMP fiLL, PA 17011 Type of Action - Notice of Sheriff's Sale Sale Date: JLNE 07, 2006 SERVED Served and made known to ~~ ~ JFr, .,.;,,, 'j at }: ft.l ,0'c1ock~.m.,at-12 .:?-< /~/ iJiVlblCI ,Defendant,onthe I ~ .}J, dayo~l?"a'Y,'200L. .). / l}IJL (CV>/h') h II J) if /7 () 1/ , Conunonwealth I ' of Pennsylvania, in the manner described below: k Defendant personally served. ~_Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. __Other: Description: Age Ytt.-1/i Height.;.;' / /1 Weight ~ Race ~ Sex: ~ Other I, -jc...;~~,- C 11,' r ,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. (7 ' L_I{ t", v S;Jt~ 0; :!e'N J:::rf,cy P/j,'-:;;:~;;; E ,';;\F{r~jS Comm;ssion Expires June 16, 2008 On the day of NOT SERVED .200_, at o'c1ock _.m., Defendant NOT FOUND because; Moved Unknown No Answer Vacant 1 sf Attempt: I I Time: 2nd Attempt: I I Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this _ day of , 200 _. Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - LD. No. 62205 ) \5 -... (:--..\ c_ :,.-J r ~ - ,.J C::J ;-; :"~' c' , , SALE DATE: JUNE 07.2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 05-5834 CIVIL TERM VS. JOHN P. BLESSING AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1925 COLUMBIA AVENUE. CAMP HILL. P A 17011. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy ofthe notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ,--~Jj~ DANIEL SCHMIEG, ESQ Attorney for Plaintiff June 5, 2006 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JOHN P. BLESSING NO. 05-5834 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .1925 COLUMBIA AVENUE. CAMP HILL. P A 17011 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN P. BLESSING 1925 COLUMBIA AVENUE CAMP HILL, P A 17011 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) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 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 1925 COLUMBIA AVENUE CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 22. 2005 DATE DANIEL G. SCHMIEG, ES Attorney for Plaintiff DATE: DECEMBER 30,2005 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. vs. JOHN P. BLESSING TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): JOHN P. BLESSING PROPERTY: 1925 COLUMBIA AVENUE CAMP HILL, P A 17011 Improvements: Residential dwelling Judgment Amount: $132,328.65 CUMBERLAND COUNTY NO. 05-5834 CIVIL TERM The above-captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on JUNE 07, 2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, P A at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type oflien or the effect of the Sheriff's Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriffwill file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. al~g.!ft 98~'(l fn~a8~ \OKO'Gleo wI" g g 8. .[".( VI ;- g o' ~ ~~6 -e'~= ~ 6'''-8g~ .. g. = Ii e- ll. ~ ~ _. il.~ if '" ~''2l ~d Gll~ ,,-!j. S,nig,,- <> _. ~ 0 0'" = S ... .. .... - "'. IZ- ~~t~i "" I !l '" Sl rn g. (l .~ r; 'a. (l "- [ 8: i: S' i! ~ ~I. ... =. eo 0 . ~ X iil il '0 ~ - -.. (l ~.l - 'a. g.n1!~ .ggo,,- g.tJl Gl i! !.~RF' a'tJ g.'t ~ ~~. ~ !> ~ ~ ~. g~~. a :5'g.:'[ ~ lil'~" ~.~.~ ~. <> I' ~ 3: 8'2 ~ II ~r;;'"5l.n :s S! 8' ~ n.. '" -i ...... lr~ ...... ...... c:; IV ,,- VI .j:>. '" Z t::!!j g~ "-.. lXlo '<-. w I :>:l-i '- ~.~ ~ ~~ ~ "'.. tc g~ ~ O::l'! tr1 SIll CZl <>" CZl "'" Z o 'g oi grt ~." '" ~ I Q ~ !l l ~ o IV ...... ...... \0 00 -.I o 0'\ VI .j:>. \;J Otrl no~ ~ ~ ~ ~ ~ tp ~ ~ ~ i ~ g ~ ~ j ~ ~ ~ ~ i ~~ ~ ~ ~ i ...... ~ 0 ~ ~ ~~ 'TjCZl~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i ~ ~ ~ ~ '" > s;: ~ ~ ~ ~ e, t3 ti1 trj tg n ~~i.~ =t~ ~c:; ...... ~ 0 z b =t 'Tj 0 ~ F ~ :;:; ~ r tr1 ~ ~ ~ ~ ~ ~ :0 ~ o :00 tc CZl o "'":l ~ ~ 0'\ tr1 ~ ~"'":l ~ ~ CZl CZl tp ~ ~ ~ ...... '"C -.I > ;:: ...... \;J -.I ...... o VI ." II if ~ ~ t;" a> Z c 3 D" a> ., 0>2: ""="I>> \l)Q.El (D .., (D = ~ I>> Q.fIl= ~ =.. ~~~;g -"-.I tri ~'-<"C~ ~g.~z 'g.::s .... 'TJ () ~ ~. 9 ~ ~~!ft'"" .....~~z ~a.rn> 0'< g. Z 'ft:C~Ro ;x;gc:t'rn ~ogj() ~~rn~ ~ p. g. t;Ij 0 '"Crn::so == E. t-- ~(t t- i!:~ i-o 60 . t;lj0 t'"' t: CZl ::::::. ~, gi. . ,...., = = CJ""\ L C -:'f'" ....,,- o .1 --4 -r m;2} "Ty.-n :UQ () ".. .--.: \...i ~- ::"~.,I (~ .n I en -.., -~~.. N .. t'...) - Mortgage Electronic Registration Systems, Inc. VS John P. Blessing In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-5834 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Surcharge Prothonotary Law Library Poundage Advertising Levy Posting Handbills Mileage Share of Bills Postpone Sale Patriot News Law Journal 30.00 20.00 1.00 .50 2,394.04 15.00 15.00 15.00 26.40 19.57 20.00 328.40 341.00 $3,225.91 ./ So Answers: ~~?~~ R. Thomas Kline, Sheriff BY J()~ frvulk Real Estate Sergeant {if ?Jf>lb f" ~ I,SO Ue- ~))ffO ~ /sJ..Jr6 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5834 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff(s) From JOHN P. BLESSING (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCHlPTION . (2) You arc 81so directed to attJch the property of the defendant(s) not levied upon in the possession of GARNISHE1(S) as follows: and to notify '11e 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 otherwi:;e disposing thereof; (3) If property 0 f 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 S 132,328.65 L.L. $.50 Interest FRU.\I12/23/05 TO 6/7/06 (PER DIEM - $21.75) - $3,625.25 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid ~; 24.-tQ Plaintiff Paid Other Costs D8tc: JANU.\RY 3, 2006 (Seal) By: Deputy REQUESTrJ P.\RTY: N81l1c DAN! :L G. SCHMIEG, ESQUIRE Address: 0;-';.: ITNN CENTER AT SlJBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: I'L..\INTIFF Telephone: 115-563-7000 Supreme Co':.t If) ',10.62205 Real Estate Sale # 25 On February 13,2006 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, P A Known and numbered as 1925 Columbia Avenue, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 13, 2006 By: \J 0 citt SWJ.Lt~ Real Estate Sergeant (~] CViJ c:v\l L::::::J G=e) 1;:;:-::1 lI,::wI U 0' =Z d b - Nvr qUal V'd 'A1NnOJ ONV jij.:J8wno .1.:J1}J3HS 3Hl .:lO 301.1.10 ,. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. .i- , CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JOHN P. BLESSING NO. 05-5834 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., 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 .1925 COLUMBIA AVENUE. CAMP HILL. PA 17011 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN P. BLESSING 1925 COLUMBIA AVENUE CAMP HILL, P A 17011 2. Name and address ofDefendant(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) None . I j ~ 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 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 1925 COLUMBIA AVENUE CAMP HILL, P A 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 22. 2005 DATE DANIEL G. SCHMIEG, ES Attorney for Plaintiff J. I - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 05-5834 CIVIL TERM v. JOHN P. BLESSING Defendant( s). December 22, 2005 TO: JOHN P. BLESSING 1925 COLUMBIA AVENUE CAMP HILL, P A 17011 **THIS FIRM IS A DEBT COLLECTOR A1TEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED 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 ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at .1925 COLUMBIA AVENUE. CAMP HILL. PA 17011. is scheduled to be sold at the Sheriffs Sale on JUNE 07.2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $132.328.65 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (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 ofthe money bid for your house will be filed by the Sheriff within 30 days ofthe 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, P A 17013 (717) 249-3166 (800) 990-9108 " ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Southerly line of Columbia A venue, said point being the dividing line between Lots Nos. 44 and 45 on the hereinafter mentioned Plan of Lots; thence in a Southerly direction along said dividing line one hundred fifty (150) feet to Lot No. 27 on said Plan; thence in a Westerly direction along said Lots Nos. 27 and 26, fifty-nine and seventy-nine hundredths (59.79) feet to Lot No. 46 on said Plan; thence in a Northerly direction along said Lot No. 46, one hundred fifty (150) feet to the Southerly line of Columbia Avenue thence in an Easterly direction along said Columbia Avenue fifty-nine and seventy-nine hundredths (59.79) feet to the place of BEGINNING. BEING Lot No. 45, Plan of College Park as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 4, page 8. Having thereon erected a single brick dwelling house known as 1925 Columbia Avenue. BEING KNOWN AS: 1925 COLUMBIA AVENUE, CAMP HilL, P A 17011 TAX PARCEL # 01-22-0536-295 TITLE TO SAID PREMISES IS VESTED IN John P. Blessing, unmarried, by deed from John P. Blessing, unmarried, and Melinda J. Lininger a/k/a Melinda J. Blessing, unmarried, formerly husband and wife, dated 02/23/1998 and recorded 03/02/1998 in Record Book 172, Page 792. r. 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 smce; 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 in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. 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 S ALE #25 , NOT Y PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA 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: April 7, 14,21,2006 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. -- SWORN TO AND SUBSCRffiED before me this 21 day of April. 2006 1\~Yi/ LOI~ r.:. :~t:R,: I Lry P"h!ic C,:<} Curl"]!> ' COf'Y I r\'~'.' C:",'i.:,: . ).,' r- t..... ~ I ,r'" t; r" l? .' a.."l;~~~<~'(~~~' IIUL ..-Aft MLa 110. 25 Writ No. 2005-5834 Civil Mortgage Electronic Registration Systems, Inc. vs. John P. Blessing Atty.: Daniel Schmieg ALL THAT CERTAIN piece or parcel of land, situate in the Bor- ough of Camp Hill, County of Cumberland, and State of Pennsyl- vania, bounded and described as follows, to wit: BEGINNING at a point on the Southerly line of Columbia Avenue, said point being the dividing line between Lots Nos. 44 and 45 on the hereinafter mentioned Plan of Lots; thence in a Southerly direC- tion along said dMdtng llne one hun- dred fifty (I50) feet to Lot No. 27 on said Plan; thence in a Westerly direction along said Lots Nos. 27 and 26, fifty-nine and seventy-nine hundredths (59.79) feet to Lot No. 46 on said Plan; thence in a North- erly direction along said Lot No. 46, one hundred fifty (150) feet to the Southerly line of Columbia Avenue thence in an Easterly direction along said Columbia Avenue fifty-nine and seventy-nine hundredths (59.79) feet to the place of BEGINNING. BEING Lot No. 45, Plan of Col- lege Park as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 4, page 8. Having thereon erected a single brick dwelling house known as 1925 Columbia Avenue. BEING KNOWN AS: 1925 CO- LUMBIA AVENUE, CAMP HILL, PA 17011. TAX PARCEL # 01-22-0536-295. TITLE TO SAID PREMISES IS VESTED IN John P. Blessing, un- married, by deed from John P. Blessing, unmarried, and Melinda J. Lininger a/k/a Melinda J. Bless- ing, unmarried, formerly husband and wife, dated 02/23/1998 and recorded 03/02/1998 in Record Book 172, Page 792.