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Home My WebLink About06-1275 PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ., 1d. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 A DORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM c..-- NO. 0(., - J).:'7.5 C!U->; [ 1 SrLrc CUMBERLAND COUNTY v. PATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHAN1CSBURG, PA 17050 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 LA WYER, 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 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, P A 17013 (800)990-9\ 08 File #: 131805 File#: 131805 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 ESTATE. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known addressees) of the Defendant(s) are: PATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/1 0/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office ofthe Recorder of CUMBERLAND County, in Mortgage Book No. 1891, Page: 613. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because montbly payments of principal and interest upon said mortgage due 10101/2005 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. Fi]e #: ])1805 6. The following amounts are due on the mortgage: Principal Balance Interest 0910112005 through 0310312006 (Per Diem $35.86) Attorney's Fees Cumulative Late Charges 12/10/2004 to 03103/2006 Cost of Suit and Title Search Subtotal $146,399.20 6,598.24 1,250.00 523.95 $ 550.00 $ 155,321.39 Escrow Credit Deficit Subtotal TOTAL 0.00 427.79 $ 427.79 $ 155,749.18 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 oflntention 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) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. 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 $ 155,749.18, together with interest from 0310312006 at the rate of$35.86 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 /? # ~_7. /?f:~' By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Fi]e #: ]31805 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 Office in and for Cumberland County in Deed Book 191, Page 866, granted and conveyed unto VONNIE G. ROLAND, Grantor herein. PROPERTY BEING: 203 NORTH LOCUST POINT ROAD File #: 131805 . VF,RTFlCATTON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is cOlllisel'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 falsification to authorities. h / Jt~~ FRANCIS S. HALLINAN, ESQUlRE Attorney for Plaintiff DATE: ,~\~\OlQ , \ ~ .. ) (.:J f.J<. ~, VI V( :r ~ 0' V'l r ~ ~~r- g ~ en ;;^~ -., e {'HELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBE~ANDCOUNTY COURT OF COMMON PLEAS CIVIL DIYISION Plaintiff, v. NO. 06-11'5 I \ I PATRICKA. PELAR Defendant(s), PRAECIPE FOR IN REM JUDGMENT FOR AlLURE TO ANSWER AND ASSESSMENT OF DA AGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and a ainst PATRICK A. PELAR, Defendant(s) for failure to file an Answer to Plaintiffs Complaint with'n 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess PI intiff's damages as follows: As set forth in Complaint Interest from 3/4/06 to 5/5/06 TOTAL $15 ,749.18 $2259.18 $15 ,008.36 I hereby certify that (1) the addresses of the Plaintiff and Defen antes) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy atta hed. DAMAGES ARE HEREBY ASSESSED AS INDICA TED. DATE: fYl';:li d:J,;).DDb PROP , (Rule of Civil Procedure No. 236) - R~vised i , IN THE COURT OF COMMON PLEAS OF CUMBERLAND!COUNTY, PENNSYL VANIA I CIVIL ACTION _ LAW I MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBE~AND COUNTY COURT QF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 06-1~75 v. PATRICK A. PELAR Defendant(s). i , i I Notice is given that a Judgment in the above-captioned matter has bee entered against you on fYl':l'f :n... 200/~ By: If you have any questions concerning this matter, please contact: DANIEL G. SCH lEG, ESQUIRE Attorney for Plain 'ff ONE PENN CENT RAT SUBURBAN ST A nON 1617 JOHNF. KE EDYBLVD., SUITE 1400 PIllLADELPHIA, A 19103-1814 (215) 563-7000 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A D BT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOU L Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESP NDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT 0 L Y ENFORCEMENT OF A LIEN AGAINST PROPERTY,"" 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 Philadelphia, P A 19103 (2\5\ 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. ATTORNEY FOR P~AINTIFF Plaintiff : COURT OF COMMONlpLEAS : CIVIL DMSION I : CUMBERLAND C01TY : NO. 06-1275 CIVIL TE~ Vs. PATRlCKA. PELAR Defendants TO: PATRICKA.PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, P A 17050 FILE COpy DATE OF NOTICE: APRIL 17. 2006 TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. TillS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS RE ERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, TillS ORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO CO LECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HA VE FAILED TO ENTER A RITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COUR YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU A T WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU THOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF OU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CA PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY E ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES T ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA TI N 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 CIS S. HALLINAN, ESQUIRE s for Plaintiff 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 Philadelphia, P A 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. - I ATTORNEY FOR P~AINTIFF I , Plaintiff I : COURT OF COMMO~ PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COuNTY PATRICK A. PELAR Defendants : NO. 06-1275 CIVIL TeRM TO: PATRICK A. PELAR 313 MAIN STREET BERLIN, PA 15530 FILE COpy DATE OF NOTICE: APRIL 17.2006 THIS FIRM IS A DEBT COLLEerOR ATTEMPTING TO COLLEer DEBT THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS FERRED 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 CO LEer A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COUR YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU T WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU ITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGlITS. 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 CA PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY E ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES T ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 N F Atto , '5. CIS S. HALLINAN, ESQUIRE eys for Plaintiff H~"C ,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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 ATTORNEY ~OR PLAINTIFF i i i i , i ! CUMBE I AND COUNTY COURT ~ COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO.06-12r I , PATRICK A. PELAR Defendant(s). VERIFICATION OF NON-MILITARY S RVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies th t 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) islare not in the Military or N al Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sa'lors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant PATRICK A. PELAR is over 18 ars of age and resides at, 203 NORTH LOCUST POINT ROAD, MECHANICSB RG, PA 17050. This statement is made subject to the penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCH IEG, ESQUIRE Attorney for Plain iff c ~ ~ "l<:>- (') ...., ~ <= -..0 c: <= ~ '\ ;:;:: ~ L -Ut:/: :;:I: ~-n \> qr v ~- ' -< rnF":" ?0 2:( N -Of""" ~ 1~) .00 ",.~., N ~-) ,L - ~ '.,~'_ i ::.,::1~, ~ -)~" ::t:t'" ,;5:7] ~ .......,.1, . ::;: ~~t,~ 20 ~ "'0 9 C)~ ~ ~ ---\ ~ ~ v:> ~ lU 10 u:> -< f:- --C --J::::. ...r:- r- I ! MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, \ ! PRAECIPE FOR WRIT OF EXECUTION - (MORTGA~E FORECLOSURE) P.R.C.P.3180-3183 I I , v. No. 06-127 PATRICK A. PELAR Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY Issue writ of execution in the above matter: Amount Due $158, 08.36 Interest from 515/06 to SEPTEMBER 6, 2006 (per diem -$25.97) $3, 20.28 and Costs TOTAL $161,228.64 DANIEL G. SCHMIEG, E QUIRE One Penn Center at Suburb n Station 1617 John F. Kennedy Bou evard, Suite 1400 Philadelphia, PA 19103-18 4 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the plaintiff. It ma not be sold in the absence of the plaintiff at the Sheriff's Sale. The sale m stayed in the event that a representative of the present at the sale. irection of the a re resentative of st be postponed or plaintiff is not ~ or> ~ r- ..... <- ~ ~ ~ ,.. ~ ::: U ~ ~ g ,.... z ~ 0 <- 9 ~ "'6 ~Z ,.... ~ i:; '5.., ., rIJ.<- ~ '5 '" U .~ ., <-~ U~ aa .~ 0 $> Ij,.. ZrJi ~ .- ... ~ ~rIJ. ~-% p.. ~ e ZZ g~ ~ o .. c '" "" ~ ... o~ ~~ ., ,....(0;1 ~ t' g. ~~ U~ .( e Z p. Ij~ ,;, ~ ~~ 0 ~ ., ;0- ~~ t::: ~ (o;1Z S < U;;. ~g 0"': 1 ~o ~ (;k<> <Ii ~~ (o;1e '" U 'e. ~~ ~ ~ :g 'V> ;;.~ ~,.... U ] < Jl 8~ ~G ~ .~ \'- ~~ ~ ~ -t ,....~ 'c ~'5 r . - ':J-. ::r- ~ - ~ \"( - ~ \ 0 f; - ~ ~ >- - - . ~ ..::r , 0 <5 ~g, :: l.J) t" UJC; 1; '" - :: -;- ::c -17; --.J - - C);",.:;.'":.; ".. .:....- , ~ G: ':::'"~ """ ~'~J ~ 0 I <J ~~: . ->- (j I./) i, N C_') \ t N '-j:2: I <J V) ~ ~o.. ~ <J -.:.. >- . "'- <J Ul,Ll (j ::r- 0- il9- (j cctU "" ~CL - V) () !.J) iE ::c .~ <J () 0- ~ ...0 ::J Vi 0;. ~ = t" f'6 c- = <..) ...... V> U) l.r) lJj -- -... K) ""- ~ I WRIT OF EXECUTION and/or ATTACHME]~T NO 0~-1275 Civil ! CIVIL ACTION - LAW I TO THE SHERlFF OF CUMBERLAND COUNTY: ' To satisfy the debt, interest and costs due MORTGAGE ELECTROmC REGISTRATION SYSTEMS, INC., Plaintiff (s) From PATRICKA.PELAR (I) You are directed to levy upon the property of the defendant (s)and to seHI SEE LEGAL COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not 1evied!upon in the possession of GARNISHEE(S) as foHows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the g .shee(s) is e'1ioined from paying any debt to or for the account of the defendant (s) and from delivering y property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is ound in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $158,008.36 L.L. $.50 Interest FROM 5/5/06 TO 9/6/06 (PER DIEM - $25.97) - $3,220.28 AND C STS Atty's Comm % Due prothy $1.00 Atty Paid $174.95 Other Costs Plaintiff Paid Date: MAY 22, 2006 (Seal) Prothonotary By: Dep ty REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQillRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill 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 PHILADELPHIA, PA 19103-1814 (215) 563-7000 , ATTORN~Y FOR PLAINTIFF I I i i i MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBER!LAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION NO. 06-~275 I \ I ! i I I I DANIEL G. SCHMIEG, ESQUIRE, hereby verifies thlt he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to th provisions of Act 91 because it is: I PATRICK A. PELAR Defendant(s). CERTIFICATION o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled , I I , This certification is made subject to the penalties of 18 Pa. C.S. Se ltion 4904 relating to unsworn falsification to authorities. 1 I DANIEL G SCH IEG, ESQUIRE Attorney fo Plaintiff 2 2' -ol'f ~~ti ~~\< 1":: <.::: -J> "'-7 '. ,~.(. :;p.S.; ~ ,..., = "'" c>' :;ll: Ol''' -: N N ~ ~-n f11p _(')r11 C,O ~~_.5 (1..\ -~ ~ -r"li :;.-:;...-,-\ :',;C) Orn -t ?D '-< ;J> :;k: ? :s::- O ,... ~ \MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBE~LAND COUNTY COURT fF COMMON PLEAS CIVIL D~ISION NO.06.d75 v. PATRICKA. PELAR Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS IN ., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the d te the Praecipe for the Writ of Execution was filed the following information concerning the real pro erty located at, 203 NORTH LOCUST POINT ROAD. MECHANICSBURG, PA 17050. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address ( f address caunot be reasonably ascertained please indicate) PATRICK A. PELAR 203 NORTH LOCT)ST POINT ROAD MECHANICSBUli'f' P A 17050 , 2. Name and address of Defendant(s) in the judgment: Same as above Name i 3. Name and last known address of every judgment creditor whose judLment is a record lien on the real property to be sold: r I Last Known Address [if address caunot be reasonably ascertaine~, please indicate) None ~ ~ ! 4. Nom, md """" of!", ""0"",, hoW" of m'Y mortg", of l"" Name Last Known Addre~s (if address caunot be reasonably ascertailed, please indicate) , None I , 5. Name and address of every other person who has any record lien oj) the property: Name Last Known Addres~ (if address caunot be reasonably ascertain d, please indicate) None 6. Name and address of every other person who has any record intere t in the property and whose interest may be affected by the sale. Name Last Known Addres (if address caunot be reasonably ascertain d, please indicate) None 7. Name and address of every other person of whom the plaintiff has owledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address caunot be reasonably ascertaine , please indicate) Tenant/Occupant 203 NORTH LOCU T POINT ROAD MECHANICSBUR , PA 17050 Domestic Relations of Cumberland County 13 North Hanover S reet Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 171 5 I verify that the statements made in this affidavit are true and corr ct 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 au orities. Mav 5. 2006 DATE DANIEL G. SCHMIEG ESQUIRE Attorney for Plaintiff 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 Locus\ Point Road, bounded and described as follows, to wit: BEGINNING at a point in the center line of said Locust Point Road, atlthe corner of Lot No.5, as shown in the hereinafter mentioned Plan of Lots; thence along the center line f said Locust Point Road, South 21 degrees 54 minutes East, 107.52 feet to a point at the corner ofland fCalvin 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; ence along said other land of Albert F. Kost, Jr. and Beatrice F. Kost, his wife, North 21 degrees 54 inutes West, 116.6 feet to an iron pin at the corner of Lot No.5 aforesaid; thence along the line of sa d Lot No.5, North 68 degrees 6 minutes East, 200 feet to an iron pin in the center line of Locust Point oad, aforesaid, the place of BEGINNING. BEING Lot No.6 in the Subdivision Plan of Albert F. Kost, Jr., as reco ded 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 right -of-way of prior record. BEING the same premises which BLAINE N. ROLAND and VONNIE . ROLAND, his wife, by deed dated November 9,1998 and recorded December 28,1998 in the Recor er of Deeds Office in and for Cumberland County in Deed Book 191, Page 866, granted and conveye unto VONNIE G. ROLAND, Grantor herein. , TITLE TO SAID PREMISES IS VESTED IN Patrick A. Pelar, a marrie~ person, by Deed from Vonnie G. Roland, a single person, dated 12-10-04, recorded 12-13-04 in Deed ~ook 266, page 3433. TITLE TO SAID PREMISES IS VESTED IN Vonnie G. Roland, by De d from Blaine N. Roland and Vonnie G. Roland, his wife, dated 11-09-98, recorded 12-28-98, in Deed Book 191, page 866. Being Parcel # 38-08-0569-002C PROPERTY BEING: 203 NORTH LOCUST POINT ROAD, MECHA~ICSBURG, P A 17050 ! (") c ~ "'"0\.;.:-; ~fL: r"f)'- .-" '...::.:;: ~~~!: ~ -~ ,.." C.::J <';,~.:) a"' ::;; ". .-:: N N :t':-oo :Jb: ~ ~;:; :Q'(l3 ,5{.~"l -1~~1 '';0 O(J'l c=.l 1) :..:. <2 s:- O . .... v. i I CUMBE~LAND COUNTY No. 06-1215 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, PATRICKA. PELAR Defendant(s). May 5, 20f6 TO: PATRICKA.PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, P A 17050 --THIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A EBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSL RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND S OULD NOT BE CONSTRUED TO BE AN AITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A AINST PROPERTY." Your house (real estate) at 203 NORTH LOCUST POINT OAD MECHANICSBURG P A 17050. is scheduled to be sold at the Sheriffs Sale on SEPTEMB R 6 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PAl 013, to enforce the court judgment of $158.008.36 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS ~ (the mortgagee) against you. In the event the sale is continued, announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee th back payments, late charges, costs and reasonable attorney's fees due. To find out ho much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition aski g the Court to strike or open the judgment, if the judgment was improperly entered. You ay 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 y u contact one, the more chance you will have of stopping the sale. (See notice on page two on how t obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AN YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLAC 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 i 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 e 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, ou 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 a ount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may ring legal proceedings to evict you. 6. You may be entitled to a share of the money which was pai for your house. A schedule of distribution of the money bid for your house will be filed by the Sheri within 30 days of the sale. This schedule will state who will be receiving that money. The money will e 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 ge ing your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT 0 CEo IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPH NE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HEL . IMPORTANT NOTICE: This property is sold at the direction of t e plaintiff. It may not be sold in the absence of a re resentative of the laintiff at the Sheriff's ale. The sale must be postponed or stayed in the event that a representative of the plai tiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY CUMBERLAND COUNTY BAR ASSOCI 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHO CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ---T--- -- I , . LEGAL DESCRIPTION ALL THA T CERTAIN lot of ground with improvements thereon sit I te in Silver Spring Township, Cumberland County, State of Pennsylvania, on the West side of Loctt Point Road, bounded and described as follows, to wit: ' BEGINNING at a point in the center line of said Locust Point Road, ~t the comer of Lot No.5, as shown in the hereinafter mentioned Plan of Lots; thence along the center lin of said Locust Point Road, South 21 degrees 54 minutes East, 107.52 feet to a point at the comer oflan of Calvin R. Asper; thence along said land of Calvin R. Asper, and continuing along other land of Alb rt F. Kost, Jr. and Beatrice F. Kost, his wife, South 65 degrees 30 minutes West 200.21 feet to an iron pi ; thence along said other land of Albert F. Kost, Jr. and Beatrice F. Kost, his wife, North 21 degrees 5 minutes West, 116.6 feet to an iron pin at the corner of Lot No.5 aforesaid; thence along the line of aid Lot No.5, North 68 degrees 6 minutes East, 200 feet to an iron pin in the center line of Locust Poin Road, aforesaid, the place of BEGINNING. BEING Lot No.6 in the Subdivision Plan of Albert F. Kost, Jr., as re orded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 37, Page 11 . UNDER AND SUBJECT to all rights, restrictions, easements and rig ts-of-way of prior record. BEING the same premises which BLAINE N. ROLAND and VONN E G. ROLAND, his wife, by deed dated November 9,1998 and recorded December 28,1998 in the Rec rder of Deeds Office in and for Cumberland County in Deed Book 191, Page 866, granted and conve ed unto VONNIE G. ROLAND, Grantor herein. TITLE TO SAID PREMISES IS VESTED IN Patrick A. Pelar, am ied person, by Deed from Vonnie G. Roland, a single person, dated 12-10-04, recorded 12-13-04 in De d Book 266, page 3433. TITLE TO SAID PREMISES IS VESTED IN Vonnie G. Roland, by eed from Blaine N. Roland and Vonnie G. Roland, his wife, dated 11-09-98, recorded 12-28-98, in D ed Book 191, page 866. Being Parcel # 38-08-0569-002C PROPERTY BEING: 203 NORTH LOCUST POINT ROAD, MEC ANICSBURG, PA 17050 .- . 0 ,..., or.:.") ~ C ,...:~ ::::". C7' .,.;v.-" ::K :r t:!)1."i ;po rnfJ """ ~:;:\I. N -0\1'1 :S;C;Y ~.f: N '::-.:~() Z"::; "-;"",-1'. c. ~~-n .~< -;;<:j :x;-' c: '? Q,-n :::' ~.~... --l .s::" ?Xi .-<. 0 -< .~ ~ . AFFIDAVIT OF SERVICE CUMBERLAND COUNTY I PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No. 06-1275 DEFENDANT(S) PATRICKA.PELAR ACCT. #0029585361 SERVE: PATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG. P A 17050 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 6, 2006 SERVED Served and made known 10 PCt.~I'\'ck:. A. Pelar , Defendant, on the l '71-'" at I'JtJ ,o'clock fm., at 20') ....voN.... Lo("<.L.~ po,.t\t Rd day of ./VI q Y ,2001.. . Commonwealth of Pennsylvania, in the manner described below: ~fendant personally served. Adult family member with wbom Defendant(s) reside(s). Name and Relationsbip is Adult in charge ofDefendant(s)'s residence wbo refused to give name or relationship. Manager/Clerk of place of lodging in wbicb Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 2i'~ HeightS1l1l Weight2.lo Race..klLSex~ Other I, _b all.'.l ~ob ..r+S ,a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy ofthe 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. NOT SERVED On the day of .200~at ._ Moved Unknown No Answer l"Attempt: I I Time: 3rd Attempt: I I Time: o'clock _.m., Defendant NOT FOUND because: _ Vacant 2ad Attempt: I I Time: Sworn to and subscribed before me this _ day of ,200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 V{ t~ -. - 0 ....-' ~ """ ~:;.; c:) en -' ~~ :r>n me: - .'I?\:~: ~'-J ,,J <.,) ';~~ ;1:" - ..,;."" ::_:jrn - ..-l ~....,' c> '~ ~:~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-01275 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS PELAR PATRICK A R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PELAR PATRICK A but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of SOMERSET County, pennsylvania, to serve the within COMPLAINT - MORT FORE On May 1st , 2006 , this office was in receipt of the attached return from SOMERSET Sheriff's Costs: Docketing Out of County Surcharge Dep Somerset Co Postage 6.00 9.00 10.00 31.74 1.17 57.91 05/01/2006 PHELAN HALLINAN ~ . Thomas Kline Sheriff of Cumberland County SCHMIEG Sworn and subscribed to before me this '" 11- day of ~ ;(OV(.. A.D. Prothonotary , SHERIFF'S RETURN - REGULAR CASE NO: 2006-01275 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS PELAR PATRICK A BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PELAR PATRICK A the DEFENDANT , at 1925:00 HOURS, on the 16th day of March , 2006 at 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 by handing to DEANN PELAR, WIFE 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 Service Affidavit Surcharge So Answers: 18.00 7.04 .00 10.00 .00 35.04 r-~~~ R. Thomas Kline me this 17'S day of 05/01/2006 PHELAN HALLINAN SCHMIEG By: /;Ii;;;;J!/, Deputy Sheriff Sworn and Subscribed to before ~ d.()f>1." A.D. Prothonotary '. . In The Court of Common Pleas of Cumberland County, Pennsylvania Mortgage Electronic Registration Systems Inc VS. Patrick A. Pe1ar N 06-1275 civil o. Now, March 8. 2006 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of SOl1erset County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .. r~~~~ Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , COSTS SERVICE MILEAGE AFFIDAVIT $ ,20_ $ "? . I Daet Number PATRICK A PELAR 06.1275 " SHERIFF'S RETURN Personally appeared before me .t!)I1IV/ / ~. fll't7t::K a deputy for CARL W. BROWN, Sheriff of SomerJet County. Pennsylvania, who being duly sworn according to law, de~s and say~~_ the PI.f." day of .r?aJ'"t:1t 20P6 at /1~5' ~ he served the above named person as follows: o Personal Service on person o Mailing to person at above address; evidence of mailing attached W Adult member of the person's household,,, " Name V-"4,,/J/tI.. Lt>v/!!h Relationship c;rJl(,.,4t',.",tlo~r ., o Adult in charge of person's residence Name o o o o Relationship Agent or person at the time and place in charge of the person's office or usual place of business Name Relationship Manager/Clerk at the place of lodging in which person resides - Name Other Name Title Posted m~!.JlUblic part of premise situate . at ~sidence. 0 Business. n EmplO)'l}1ent. of person to be served. at .J /.r ~/" '>1: $er/'" Pdl. //'.$.Jt? of corporation o Other, Oh"h1"l ~d making known to such person the IN contents thereof. PERSON NOT FOUND BECAUSE: o Whereabouts Unknown. 0 No Answer, 0 Vacant, 0 Moved left no forwarding address. 0 Moved - New address o Other Sworn and subscribed before me this day of APR 2 5 2006 20 ~/~~ DEPUTY SHERIFF SOMERSET COUNTY. PA ...)/11 hi xl 8 ) Ii II; HAJ t ilH , Costs ~ ! ~ Y-- I 0 - 0 c. ~ ;:,1.'1'f Nolana! S..I Melissa A. Trulcott. Notary Publtc SO"llfSet Bora. Somers.t County My Commission ExPl<es llareh 3. 2007 loAember. Ptlnnsylvanla A~soclat:Qr: of Notarl.::ls \ . <f",. ~ "'- [ ~~1 ....... ~ "- ~ 'I '-b 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, P A 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. A TIORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Patrick A. Pelar No. 06-1275 Civil Term Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 7, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on May 22, 2006 in the amount of$158,008.36. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. The Property is listed for Sheriffs Sale on September 6, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 4. 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 Interest Through 9/6/06 Per Diem $35.3 7 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections AppraisallBPO MIP/PMI NSF SuspenselMisc. Credits Escrow Deficit $146,399.20 13,087.78 523.95 1,675.00 1,402.00 1,392.95 0.00 120.00 0.00 100.00 0.00 850.41 TOTAL $165,551.29 5. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 6. 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. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Dare:~ By: Phelan Hallinan & Schmieg, LLP - ~ Michele M, Bradford, EsquirD Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. A TIORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Patrick A. Pelar No. 06-1275 Civil Term Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff's Note was secured by a Mortgage on the Property located at 203 North Locust Point Road, Mechanicsburg, P A 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 Sheriff's Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriff's 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. ll. 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 ofthe impending Sheriff's sale has been requested. ID. 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. IV. 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 offive percent ofthe outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). The provision of the Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fetner. the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V. 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 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 Trost Co., 332 Pa. 545,2 A.2d 826 (1939). Because ajudgment 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 ajudgment to confonn to the facts ofa 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 mortgagors 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 ofthe Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. VI. 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. Phelan Hallinan & Schmieg, LLP DA1E:~70 /rfI By: -- u Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" () ~ c = <:: c..."'!"'\ '"U f~: ::;: n"!l',-: :J;>oo 7' -, : :::0 ATTORNEY FOR PLA~J~F ~ r.:.'( -::c-. :f:lI" ~ {-- , :l: ~oh - ?;:.'C 0 COURT OF COMMON PL!}S CJ1 -.J CIVIL DIVISION TERM NO. C>l.. - JJ:q5 (llrJ~LYVz."'l CUMBERLAND COUNTY ( 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 MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC. 8201 GREENSBORO DRIVE, SillTE 350 MCLEAN, VA 22102 Plaintiff v. PATRICK A. PELAR 20lNORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 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. TIllS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFOJID TO lllRE A LAWYER, TillS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THATMA Y OFFER LEGAL SERVICES TO ELlGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 We hereby certify the (800)990-9108 within to be a true and ~~i~~~l~~~~~:~~rd ~.~: ....\--..4 ;> '3\ _" <. ,._~.' _. _-::~::-.--:.~k~,'~~~~i.~:~Y ATTOflrvc'y FIL PLEASE RETt~~PY File#: 131805 o -n -4 -L...-n rn-.. -nFn "6 :u o :;:! -ri -~C"-n r)__ 0;"..0 orn ::;;t ::0 -< PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PlDLADELPlllA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 A ITORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY v. PATRICK A. PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 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 TIllS 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 IDRING A LAWYER. IF YOU CANNOT AFFORD TO ffiRE A LAWYER, TIllS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THATMAY OFFER LEGAL SERVICES TO ELIGIDLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PAl 70 J3 (800)990-9108 File #: 131805 File#: J3J805 IF THIS IS TIlE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TIllS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECllON PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION TIlEREOF. 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 WRfITEN 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 TIDRTY (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 ACllON 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 AFfER YOU HAVE RECEIVED TIDS 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 AITORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN AITEMPT TO COLLECT A DEBT. IT IS AN ACflON TO ENFORCE A LIEN ON REAL ESTATE. I. Plaintiff is MORTGAGE ELECfRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) of the Defendant(s) are: PATRICK A. PELAR 203 NORm LOCUST POINT ROAD MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/1 012004 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. 1891, Page: 613. 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 10/0 1 /2005 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 II: J3 1805 6. The following amounts are due on the mortgage: Principal Balance Interest 09/0112005 through 03/0312006 (per Diem $35.86) Attorney's Fees Cumulative Late Charges 12/1012004 to 03/0312006 Cost of Suit and Title Search Subtotal $146,399.20 6.59824 1,250.00 523.95 $ 550.00 $ 155,32139 Escrow Credit Deficit Subtotal TOTAL 0.00 427.79 $ 427.79 $ 155.749.18 7. The attorney's fees set forth above are in conformity with the mortgage docwnents 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 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 t998. and/or Notice ofDefauh 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/bave failed to meet with the Plaintiff or an authorized consumer credit counseling agency. or has/bave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50.000. WHEREFORE. PLAINTIFF demands an in rem Judgment against the Defendant(s) in the swn of$ 155,749.18. together with interest from 03/0312006 at the rate of $35.86 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: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 131805 LEGAL DESCRIPTION ALL TIIAT 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 cotner 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, 1 16.6 feet to an iron pin at the comer of Lot No.5 aforesaid; thence along the line of said Lot No.5, North 68 degrees 6 minutes East, 200 feet to an iron pin in the center line of Locust Point Road, aforesaid, the place ofBEGINNlNG. 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 Office in and for Cumberland County in Deed Book 191, Page 866, granted and conveyed unto VONNIE G. ROLAND, Grantor herein. PROPERTY BEING: 203 NORTH LOCUST POINT ROAD FiJell: 131805 VF.1UFlCATlON .~CIS S. HALLINAN, ESQUIRE hereby states. that he is attorney for PLAINTIFF in this matter, that Plamtiff is outside the jurisdiction o,f the court' and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is aQth9rized 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 infonnati9D SUpplied by Plaintiff and are tme and' , correct to the best of his lmowledge,information and belief. Fmtbermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by c01Dlsel. _ The undersigned understands that this statement is made ,su}>ject to the penalties of 18 Pa. C.S~ Sec. 4904 relating to Unsworn falsification to authorities. f::;/leL- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~\b\()V , \ Exhibit "B" PHELAN HALLINAN & SCHMIEGt L.L.P. By: DANIEL G. SCHMIEG lde.tilkatioa No. 61105 Attoraey for Plai_tiff ONE PENN CENTER AT SUBURBAN STAnON 1'17 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPRlA. PA 19103-1814 (115) 563-7000 (') ~ c: <<= ;;:- C7' -ui':i :x 'T'r:' ,. CUMBERLAND coUNW:.::: -< COURT OF COMMON Ptf:AS ~ ~c. > ._. ::I> CIVIL DIVISION :~-::'- . ::l'!:: --..:;. <._; -c;- a NO. 06--1175 ~ ~ MORTGAGE ELECTRONIC. REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaiotlfft v. PATRICK A. PELAR De(eadant(s). AlTOR,...,r:", '. .. (J.. ...>~ '. f.. f t.. " :',:f.. ~:~t: f.;'il~'{l;~:~/ '{ . . PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: o 11 ~" ~~ ":,0 ~" .. \"-'0 ::.:::t.T; - ,- '"T\ 0,)) --~ rn o -..j ~ Kindly enter an in rem judgment in favor of the Plaintiff and against PATRICK A. PELAR. Dcfendant(s) for failure to file an Answer to Plaintitl's 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 3/4/06 to 5/5/06 .'TOTAL $155,749.18 $2.259.18 $158,008.36 I hereby certify that (1) the addresses oftbe Plaintiff and Defendant(s) arc as shown above, and (2) that notice has, been given hi accordance ~qt Rule 237.1 t copy ~hed. Ar10t1M;:Y FILE COpy PLEASE RETURN . ......:~ r!XJ/YIJdJJ h~- DANIEL G, SCHMIEG, BSQ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~y ~~, ~b PRO PROTHY ft+s# \~\~O~ 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. DA1E:~ Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esqu' Attorney for Plaintiff By: PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. ATTORNEY FORPLAINTWF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Patrick A. Pelar No. 06-1275 Civil Term Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Reassess Damages and Brief in Support thereof were sent to the following individual on the date indicated below. Patrick A. Pelar 203 North Locust Point Road Mechanicsburg, P A 17050 Patrick A. Pelar 313 Main Street Berlin, PA 15530 Phelan Hallinan & Schmieg, LLP DA1E:#- By: Michele M. Bradford, Esquire Attorney for Plaintiff (-. I""..._~ .1 '-1 ir~l =! ",) ( .1 ",) C Mortgage Electronic Registration Systems, Inc. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. Patrick A. Pelar, Defendant : 06-1275 CIVIL ORDER OF COURT AND NOW, this 25th day of July, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED AND DIRECTED that: 1. Pursuant to Pa.R.C.P. No. 206.5, a rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; 2. The defendant will file an answer to this petition on or before August 14, 2006; 3. A copy of said answer will be filed with this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, M~E~~ \ Patrick A. Pelar Defendant ,o\f ~rf o Michele M. Bradford, Esquire Attorney for Plaintiff/Petitioner bas '<::.";,:,, 6!J ;01 HV S;:: - .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION PATRICKA. PELAR Defendant(s). NO. 06-1275 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC hereby verifies that on MAY 22, 2006 true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded lienholder(s) and any known interested party. ~<;~ L G. SCHMIEG, ESQ Attorney for Plaintiff Date: JULY 25, 2006 IMPORT ANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a renresentatlve of the olalotlff 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. - ~.~ .-.-'- 3 ~ 'Ch .;:.. I.,>) N c'a h ~g., '" . " ~ , H -. 7- i~ ~K ~9" ~:l' d ~ tl "," .u ~w, !~ ~ 9. ~ 9, i ~.. .. "" ~ ~ ?' "" '(!l ~ ?,\~%-ltil ~ 'in ~ ..eli'S:3 Q. Co ~~3 l\q\ ~% 9..Q ~ !r;iH _. a ". . ,.~'~~.v: g.'" ll',oz d\"t 0'" i ~. s.. g ~n~'!: 'il'%h\ ~~.~~. 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",,,,::ICl ~ '" . ~,,",,' t'"' 2~ r t'\- . .~ .l> "'" ~. g . % ~ ~ ~ ~@8Sl. %~~~~ ~~~~\ ;;\ g ~ ~ s '"' "" >-l ~ i' ~ ~ ;t: ..... i to-> ..-l 0 ~ .. 0" "T'J rA i ~ ""'d v~ ... z $ tr\ ~ ~ o ~ ~ ~'5V'g~ ;t:~ts53i S ;t: < tr\ %~~~ ~ ~ t:i t:i ~ "" ~ 8 ~ 0 ~ ~ ~ ~ ~ ~ :s> ~ ~ "_ !=l ~ ..-l '" ~. ~ '5 ('l ~ ~ ~ ~ ~ t;; ; ('l z ~ ~ jg 'Q. ~ ~ ~ ~ ~ "" 0 0 ~ :s> """ ~ ~ .- >- ~ ~ -a ..... -1 ~ ~~\l V' '{!- o:l tr\ ~ "~ - "" -.l :s> S ::i '" \ ~ . ... . o,gt'~P08'r~ : f{('f-ii~ I : 5 ~.......-- P11"Ht't BOWES . 021A $ 01.25 0004309625 MAY 22 200 MAILED FROM ZIPCOOE 1910 ~r\I!.A A ?'17, 01 % ,,~ ,,.. ," ~ ." ~ ~ ~ . ....: ~ f '\ (::-) -n ( -t ~1i ........) _I ~~.., !") c:: . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. J.D. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Patrick A. Pelar No. 06-1275 Civil Term Defendants CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of August 15,2006 has been served upon the following persons: Patrick A. Pelar 203 North Locust Point Road Mechanicsburg, P A 17050 Patrick A. Pelar 313 Main Street Berlin, PA 15530 PHELAN HALLINAN & SCHMIEG, LLP Date: -S-~~~ Michele M. Bra for ,Esquire Attorney for Plai . By: r ,,~~ f'" :0 ~. ,.,'; ~ ":< Mortgage Electronic Registration Systems, Inc. VS Patrick A. Pelar In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1275 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 Patriot News Law J oumal 30.00 20.00 1.00 .50 19.10 15.00 15.00 15.00 15.84 19.31 338.60 485.00 $ 974.35 I If-II~()(.. ~ So Answers: ../ V-~ ~ ~~lho~as Kline, Shenff li'l. ~1) U1.. 553ft..- ~ J ,11~ 5<1 " MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ,. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION PATRICK A. PELAR NO. 06-1275 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. 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) 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 203 NORTH LOCUST POINT ROAD MECHANICSBURG, P A 17050 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 ofl8 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. May 5. 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney 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 BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION PATRICK A. PELAR NO. 06-1275 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. ( " MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 06-1275 v. PATRICK A. PELAR Defendant(s). May 5, 2006 TO: PATRICKA. PELAR 203 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 **THIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT 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 AITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at .203 NORTH LOCUST POINT ROAD. MECHANICSBURG. P A 17050. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $158.008.36 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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. 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 ifthis 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 A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THA T 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 comer ofland 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 comer 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 Office in and for Cumberland County in Deed Book 191, Page 866, granted and conveyed unto VONNIE G. ROLAND, Grantor herein. TITLE TO SAID PREMISES IS VESTED IN Patrick A. Pelar, a married person, by Deed from Vonnie G. Roland, a single person, dated 12-10-04, recorded 12-13-04 in Deed Book 266, page 3433. TITLE TO SAID PREMISES IS VESTED IN Vonnie G. Roland, by Deed from Blaine N. Roland and Vonnie G. Roland, his wife, dated 11-09-98, recorded 12-28-98, in Deed Book 191, page 866. Being Parcel # 38-08-0569-002C PROPERTY BEING: 203 NORTH LOCUST POINT ROAD, MECHANICSBURG, P A 17050 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 06-1275 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 PATRICKA. 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 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) 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 he/she has been added as a garnishee and is enjoined as above stated. Amount Due $158,008.36 L.L. $.50 Interest FROM 5/5/06 TO 9/6/06 (PER DIEM - $25.97) - $3,220.28 AND COSTS Atty's Corom % Due Prothy $1.00 Atty Paid $174.95 Other Costs Plaintiff Paid Date: MAY 22, 2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 % Real Estate Sale # 59 On May 31, 2006 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 Rd., Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 31,2006 By: 55 :[ d hZ ).VN qaDI j....,', Ii VOId Ii ill)'! . ", .... . ",' .:J.:I/<13HS :flll:I', I <J':'1 t1 i'ill:J ~l 11 .:103;J/.:UO V()dUk~ Real E~te Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SSe 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 21, July 28, and August 4,2006 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 SUBSCRIBED before me this 4 day of August. 2006 ~~~J~..~~ ~ . NOTARI~ SEAL . , LOIS E. SNYDER, Notary P':hiiC ! I Carlisle Boro, Cumberland Cr;UT'1 j j" ~~~,;:O;-~iSS?n ExPi::s Marc~ ~' ~(:: REAL ESTATE SALE NO. 59 Writ No. 2006-1275 Civil Mortgage Electronic Registration Systems, Inc. vs. Patrick A. Pelar Atty.: Daniel G. Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with improvements thereon situate in Silver Spring Township, Cumber- land 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 cen- ter 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 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 min- utes 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 afore- said; thence along the line of said Lot No.5, North 68 degrees 6 min- utes 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 Subdivi- sion 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 Office in and for Cumber- land County in Deed Book 191, Page 866, granted and conveyed unto Vonnie G. Roland, Grantor herein. TITLE TO SAID PREMISES IS VESTED IN Patrick A. Pelar, a mar- ried person, by Deed from Vonnie G. Roland, a single person. dated 12-10-04, recorded 12- 13-04 in Deed Book 266, page 3433. TITLE TO SAID PREMISES IS VESTED IN Vonnie G. Roland, by Deed from Blaine N. Roland and Vonnie G. Roland, his wife, dated 11-09-98, recorded 12-28-98, in Deed Book 191, page 866. Being Parcel # 38-08-0569-002C PROPERTY BEING: 203 North Locust Point Road, Mechanicsburg, PA 17050. . 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 in the 19th and 26th day(s) of July and the 2nd day(s) of August 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 #59 ,'. ~~............................ me this ~~oo.~~LVANIA Notarial Seal T any L. Russell, Notary Public City Of rrisburg auphin County My ission as June 6. 2010 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 &C.l~""" . Beiat~~.... ~...)..... ...,...... 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