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HomeMy WebLinkAbout02-5711FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 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 FIRST FINANCIAL BANK 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. O J- 5 7tl JOSHUA NAVARRETE JILL M. NAVARRETE 11 EAST SHADY LANE ENOLA, PA 17025 CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1F 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. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 11638053 NZB 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. Plaintiff is FIRST FINANCIAL BANK 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044 The name(s) and last known address(es) of the Defendant(s) are: JOSHUA NAVARRETE J1LL M. NAVARRETE 11 EAST SHADY LANE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 11/30/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MELLON BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1655, Page 278. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 3/I/02 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. The following amounts are due on the mortgage: Principal Balance Interest 2/1/02 through 11/1/02 (Per Diem $17.06) Attorney's Fees Cumulative Late Charges 11/30/00 to 11/1/02 Cost of Suit and Title Search Subtotal $86,185.06 5,032.70 1,000.00 117.48 550.00 $92,885.24 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $92,885.24 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $92,885.24, together with interest from 11/1/02 at the rate of $17.06 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDEI~M~N AND PHEI~ LI~P~ By: ~~a~lin~an~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff tract or Parcel of lartd an~ l~t'ernlre~ Mtuat~ l~g ~ ~g In the ~'l~ll~13fO at a ~olnt an Sbt W~t~n ~ of~ ~e, ~Id~t ~i~ ~ :a~t mea~d a ~t~erly ~t~io~ a ~a~s ~O~t~o~ ~ngJ~nut: thenm al~g ~aid ~or~ 19 d~een 3 mi~gtt ~0 ~ ~ along the ~t~n Ilm of ~d ~w ~ f~m~ of ~e ~ ~fl~n a ~a~ ~ l$O f~ ~ a ~ ~ I~ $a~fitrn Iln~ of a 13 f~t wldt alley O~d ~ ~im~; t~t ~ 70 dt~ $6 m~ 30 s~o~ ~t alo~ t~ ~n I~ ~ al~y a ~ of$O f~t to a ~; t~ ~t8 19 dt~ 05 m~ ~0 ~ ~ ~o~ t~s ~t~ 1~ ofl~ now ~y ~ ~ D~ a ~t~ ~ 2~ 1999 ~d m~ In tl~ O~c~ of the ~c~d~ of ~ ~ ~d f~ thr ~un~ VERIFICATION KRISTINE WILSON hereby states that she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. SHERIFF'S RETURN - REGULAR CASE NO: 2002-05711 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLA/~D FIRST FINANCIAL BANK VS NAVARETTE JOSHUA ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NAVARRETE JOSHUA the DEFENDA/~T , at 1742:00 HOURS, on the at 11 EAST SHADY LANE 4th day of December , 2002 ENOLA, PA 17025 JOSHUA NAVARRETE by handing to 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 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this /~ ~r, day of A.D. ' t~roth~nOtary So Answers: R. Thomas Kline 12/05/2002 FEDERMAN & PHELAN By: , .. Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-05711 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST FINANCIAL BANK VS NAVARETTE JOSHUA ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NAVARRETE JILL M the DEFENDANT at 11 EAST SHADY LANE ENOLA, PA 17025 , at 1742:00 HOURS, on the 4th day of December , 2002 by handing to JOSHUA NAVARRETE 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~ ~ day of ~)..a~, ~ &-~ ;2-~ A.D. ~ ~rofhonotary' So Answers: R. Thomas Kline 12/05/2002 FEDERMAN & PHELAN ~ Deputy Sheriff~ - PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 FIRST FINANCIAL BANK Plaintiff, V. JOSHUA NAVARRETE JILL M. NAVARRETE Defendant(s). No. 02-5711 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 01/08/03 to 6/11/03 (per diem -$15.46) TOTAL $ 94,028.26 $ 2,396.30 and Costs $ 96,424.56 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Western line of Shady Lane, said point being by same measured in a Southwesterly direction, a distance of 250 feet from King Avenue; thence along said Northern line of Shady Lane South 70 degrees 56 minutes 30 seconds West a distance of 50 feet thence North 19 degrees 3 minutes 30 seconds West along the Eastern line of land now or formerly of Jeanne S. Allison a distance of 150 feet to a point on the Southern line of a 15 foot wide alley (unopened and unimproved); thence North 70 degrees 56 minutes 30 seconds East along the Southern line of said alley a distance of 50 feet to a point; thence South 19 degrees 03 minutes 30 seconds East along the Western Line of Lands now or formerly of Edna M. Doudrick a distance of 150 feet to a point on the Northern line of Shady Lane, the point and place of beginning. BEING Lot No. 11 on the plan of Lots laid out by A.C. Young, known as Shady Lane, as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 92. TAX PARCEL# 09-13-1002-168A PREMISES BEING KNOWN AS: 11 EAST SHADY LANE ENOLA, PA 17025 BEING the same premises that Wesley E. Ankney, by it's deed dated 11/30/00 and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania on 12/1/00 in Deed Book Volume 235, Page 283, granted and conveyed unto Joshua and Jill M. Navarrete, husband and wife, Grantor herein. FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FIRST FINANCIAL BANK Plaintiff, V. JOSHUA NAVARRETE ~LL M. NAVARRETE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5711 CERTIFICATION FRANK FEDERMAN, 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: ( ) 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 unswom falsification to authorities. (F NK ESC Un Attorney f6r Plaintiff FIRST FINANCIAL BANK Plaintiff, V. JOSHUA NAV ARRETE JILL M. NAVARRETE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5711 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FIRST FINANCIAL BANK, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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, 11 EAST SHADY LANE ~ ENOLA~ PA 17025 · 1. Name and address of Owner(s) or reputed Owner(s): Last Known Address (if address cannot be Name reasonably ascertained, please indicate) JOSHUA NAVARRETE 11 EAST SHADY LANE ENOLA, PA 17025 JILL M. NAVARRETE 11 EAST SHADY LANE ENOLA, PA 17025 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: m aiTle Last Known Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY ADULT PROBATION 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: Last Known Address (if address cannot be Name reasonably ascertained, please indicate) None $. Name and address of every other person who has any record lien on the property: Last Known Address (if address cannot be Name 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. Last Known Address (if address cannot be Name 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: Last Known Address (if address cannot be Name reasonably ascertained, please indicate) Tenant/Occupant 11 EAST SHADY LANE ENOLA, PA 17025 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 of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. oo3 ' ~RANK FI~DERMAN, ESQUIRE DATE Attorney for Plaintiff FIRST FINANCIAL BANK Plaintiff, V. JOSHUA NAVARRETE JILL M. NAVARRETE Defendant(s). TO: JOSHUA NAVARRETE 11 EAST SHADY LANE ENOLA, PA 17025 CUMBERLAND COUNTY No. 02-5711 January 6, 2003 JILL M. NAVARRETE 11 EAST SHADY LANE ENOLA, PA 17025 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOTBE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GAINST PROPERTE. ** Your house (real estate) at, 11 EAST SHADY LANE~ ENOLA~ PA 17025~ is scheduled to be sold at the Sheriffs Sale on JUNE 11~ 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $94~028.26 obtained by FIRST FINANCIAL BANK (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 SAI.E To prevent this Sheriffs Sale, you must take immediate action: 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. 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. 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.) · · S 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 mount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WItERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Western line of Shady Lane, said point being by same measured in a Southwesterly direction, a distance of 250 feet from King Avenue; thence along said Northern line of Shady Lane South 70 degrees 56 minutes 30 seconds West a distance of 50 feet thence North 19 degrees 3 minutes 30 seconds West along the Eastern line of land now or formerly of Jeanne S. Allison a distance of 150 feet to a point on the Southern line of a 15 foot wide alley (unopened and unimproved); thence North 70 degrees 56 minutes 30 seconds East along the Southern line of said alley a distance of 50 feet to a point; thence South 19 degrees 03 minutes 30 seconds East along the Western Line of Lands now or formerly of Edna M. Doudrick a-distance of 150 feet to a point on the Northern link of Shady Lane, the point and place of beginning. BEING Lot No. 11 on the plan of Lots laid out by A.C. Young, known as Shady Lane, as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 92. TAX PARCEL# 09-13-1002-168A PREMISES BEING KNOWN AS: 11 EAST SHADY LANE ENOLA, PA 17025 BEING the same premises that Wesley E. Ankney, by it's deed dated 11/30/00 and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania on 12/1/00 in Deed Book Volume 235, Page 283, granted and conveyed unto Joshua and Jill M. Navarrete, husband and wife, Grantor herein. FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FIRST FINANCIAL BANK 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044 Plaintiff, V. JOSHUA NAVARRETE JILL M. NAVARRETE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5711 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JOSHUA NAVARRETE and JILl, M. NAVARRETE, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 11/2/02 to 01/07/03 TOTAL $92,885.24 $ 1,143.02 $94,028.26 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. ~ttomey foEr pI~la~nti~N: ESQUIRE DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY FEDERMAN AND PHELAN BY: FRANK FEDERMAN' ESQUYR.E Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 q) 56~-7000 FIRST FINANCIAL BANK Plaintiff vs. JOSHUA NAVARRETE JILL M. NAVARRETE Defendant (s) TO: JO S R-gA NAVARRETE 11 EAST ~ SI{ADY LANE ENOLA, PA 17025 Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-5711 DATE OF NOTICE: DECE3fBER 26, 2002 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. I14PORTANT NOTIC~ You are[in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take ~his notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUN~ERLAND COUNTY CUMBERLA/~D COUNTY BAR ASSOCIA~ON 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, ' Esq~r~e Attorney f6r Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (2 ! s) ~6't-7000 FIRST FINANCIAL BANK Plaintiff VS. JOSHUA NAVARRETE JILL M. NAVARRETE Defendant Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLJIlVD COUNTY : NO. 02~5711 TO: DATE JILL M.. NAVA~RRETE 11 EAST SHADy LANE ENOLA, PA 17025 OF NOTICE: DECEMBER 26, 2002 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. I~4PORTANT NOTICm You are~in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If ou lawyer or carknot afford one, go to or telephoney th~%onl~%wh~n~e a office to find out where you can get legal help: CUMBERLAND COUNTY CUA4BERLAND COUNTy BAR ASSOCIA~ON 2 LmERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Fran~ Fedezman, Esquire Attorney for Plaintiff SHERIFF ' S RETURN - REGULAR · CASE NO: 2002-05711 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST FINANCIAL BANK VS NAVARETTE JOSHUA ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NAVARRETE JOSHUA DEFENDANT · aK 1~742:00 HOURS, on the at 11 EAST SHADy LANE the 4th day of December , 2002 ENOLA, PA 17025 JOSHUA NAVARRETE by handing to 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 18.00 10.35 .00 10.00 .00 38.35 Sworn and Subscribed to before me this _ day of Prothonotary So A~swers: R. Thomas Klin~---~ 12/05/2002 FEDERMAN & PHELAN Deputy Sheriff -CASE NO: 2002-05711 p SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST FINANCIAL BANK VS NAVARETTE JOSHUA ET AL VALERIE WE~y , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NAVARRETE JILL M DEFENDANT , at 1742:00 HOURS, on the at 11 EAST SHADY LANE the 4th day of December , 2002 ENOLA, PA 17025 JOSHUA NAVARRETE by handing to a true and attested copy of COMPLAINT _ MORT FORE together with and at the same time dire6ting His attention to the contents thereof. Sheriff.s Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this _ day of A.D. So Answers: 12/05/2002 FEDERMAN & PHELAN By: X ' Deputy Sheriff/ -- Prothonotary FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 {215) 563-7000 FIRST FINANCIAL BANK 500 ENTERPRISE ROAD SUITE 150 Plaintiff, V. JOSHUA NAVARRETE JILL M. NAVARRETE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5711 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, 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 JOSHUA NAVARRETE is over 18 years of age and resides at, 11 EAST SHADY LANE, ENOLA, PA 17025. (c) that defendant JILL M. NAVARRETE is over 18 years of age, and resides at, 11 EAST SHADy LANE, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ( F, RANK ~EDERMAN, E'SOUIRE Attorney tbr Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5711 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTy: To satisfy the debt, interest and costs due FIRST FINANCIAL BANK, Plaintiff (s) From JOSHUA NAVARRETE AND JILL M. NAVARRETE, 11 EAST SHADY LANE, ENOLA, PA 17025 (1) You are directed to levy upon the property of the defendant (S)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $94,028.26 L.L. $.5O Interest FROM 1/8/03 TO 6/11/03 (PER DIEM - $15.46) - $2,396.30 AND COSTS Atty's Corem % Due Prothy $1.00 Atty Paid $136.35 Other Costs Plaintiff Paid Date: JANUARy 7, 2003 (Seal) CURTIS R. LONG REQUESTING PARTY: Name FRANK FEDERMAN, 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. 12248 Deputy FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 {215) 563-7000 FIRST FINANCIAL BANK 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044 Plaintiff, V. JOSHUA NAVARRETE JILL M. NAVARRETE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 02-5711 Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JOSHUA NAVARRETE and JILL M. NAVARRETE, 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 11/2/02 to 01/07/03 TOTAL $92,885.24 $ 1,143.02 $94,028.26 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. [lt RANK FEI~RMAN, ESQUIRE omey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. /'3 PRO PROTHY ~7k FEDERMAN AND PHELAN BY: FRANK FEDERMAN' ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) ;;63-7000 FIRST FINANCIAL BANK Plaintiff vs. JOSHUA NAVARRETE JILL M. NAVARRETE Defendant (s) TO: JOSHUA NAVARRETE 11 EAST,SHADY LANE ENOLA, PA 17025 Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-5711 DATE OF NOTICE: DECEMBER 26, 2002 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 enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take ~his notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAlqD COLrNTY BAR ASSOCIA~ON 2 L~ERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank-Pederman, Esq~ir~e Attorney f6r Plaintiff FEDERMAN AND PFLELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) q63-7000 FIRST FINANCIAL BANK Plaintiff VS. JOSHUA NAVARRETE JILL M. NAVARRETE Defendant Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-5711 TO: JILL M.. NAVA/~RETE 11 EAST SHADY LANE ENOLA, PA 17025 DATE OF NOTICE: DECEMBER 26, 2002 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 A_NY 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 NOTICm You are!in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CI/MBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCDkTION 2 L~ERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff SHERIFF ' S RETURN - REGULAR CASE NO: 2002-05711 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST FINANCIAL BANK VS NAVARETTE JOSHUA ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NAVARRETE JOSHUAthe DEFENDANT at 11 EAST SHADY LANE ENOLA, PA 17025 , at 1742:00 HOURS, on the 4th day of December , 2002 by handing to JOSHUA NAVARRETE 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 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this day of AiD.~ Prothonotary So Answers: R. Thomas Kline 12/05/2002 FEDERMAN & PHELAN - Deputy Shefriff SHERIFF' S RETURN - REGULAR CASE NO: 2002-05711 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST FINANCIAL BANK VS NAVARETTE JOSHUA ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NAVARRETE JILL M the DEFENDANT at 11 EAST SHADY LANE ENOLA, PA 17025 , at 1742:00 HOURS, on the 4th day of December , 2002 by handing to JOSHUA NAVA~RETE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time dire6ting His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 12/05/2002 FEDERMAN & PHELAN Deputy Sheriff/ Prothonotary FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FIRST FINANCIAL BANK 500 ENTERPRISE ROAD SUITE 150 Plaintiff, V. JOSHUA NAVARRETE JILL M. NAVARRETE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5711 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, 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 JOSHUA NAVARRETE is over 18 years of age and resides at, 11 EAST SHADY LANE, ENOLA, PA 17025. (c) that defendant JILL M. NAVARRETE is over 18 years of age, and resides at, 11 EAST SHADY LANE, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. (FRANK I~EDERMAN, ESQUIRE --Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-5711 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST FINANCIAL BANK, Plaintiff (s) From JOSHUA NAVARRETE AND JILL M. NAVARRETE, 11 EAST SHADY LANE, ENOLA, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION · (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $94,028.26 L.L. $.50 Interest FROM 1/8/03 TO 6/11/03 (PER DIEM - $15.46) - $2,396.30 AND COSTS Atty's Comm % Due Prothy $1.00 AttyPaid $136.35 Other Costs Plaintiff Paid Date: JANUARY 7, 2003 (Seal) CURTIS R. LONG Prothono~fl.~ C Deputy REQUESTiNG PARTY: Name FRANK FEDERMAN, 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. 12248 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.ILC.P. 3180-3183 FIRST FINANCIAL BANK : Plaintiff, : V. '- ._ JOSHUA NAVARRETE : JILL M. NAVARRETE : .. Defendant(s). : No. 02-5711 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 01/08/03 to 6/11/03 (per diem -$15.46) TOTAL $ 94,028.26 $ 2,396.30 and Costs $ 96,424.56 {FRANK FI~D~{~VIAN, t~SQUJRE 'One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Western line of Shady Lane, said point being by same measured in a Southwesterly direction, a distance of 250 feet from King Avenue; thence along said Northern line of Shady Lane South 70 degrees 56 minutes 30 seconds West a distance of 50 feet thence North 19 degrees 3 minutes 30 seconds West along the Eastern line of land now or formerly of Jeanne S. Allison a distance of 150 feet to a point on the Southern line of a 15 foot wide alley (unopened and unimproved); thence North 70 degrees 56 minutes 30 seconds East along the Southern line of said alley a distance of 50 feet to a point; thence South 19 degrees 03 minutes 30 seconds East along the Western Line of Lands now or formerly of Edna M. Doudrick a distance of 150 feet to a point on the Northern line of Shady Lane, the point and place of beginning. BEING Lot No. 11 on the plan of Lots laid out by A.C. Young, known as Shady Lane, as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 92. TAX PARCEL# 09-13-1002-168A PREMISES BEING KNOWN AS: 11 EAST SHADY LANE ENOLA, PA 17025 BEING the same premises that Wesley E. Ankney, by it's deed dated 11/30/00 and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania on 12/1/00 in Deed Book Volume 235, Page 283, granted and conveyed unto Joshua and Jill M. Navarrete, husband and wife, Grantor herein. FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FIRST FINANCIAL BANK Plaintiff, Vo JOSHUA NAVARRETE JILL M. NAVARRETE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5711 CERTIFICATION FRANK FEDERMAN, 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: ( ) 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 unswom falsification to authorities. FRANK ~DERMAN, ESQUIRE Attorney f6r Plaintiff FIRST FINANCIAL BANK Plaintiff, V. JOSHUA NAVARRETE JILL M. NAVARRETE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5711 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FIRST FINANCIAL BANK, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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, 11 EAST SHADY LANE ~ ENOLA~ PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOSHUA NAVARRETE 11 EAST SHADY LANE ENOLA, PA 17025 JILL M. NAVARRETE 11 EAST SHADY LANE ENOLA, PA 17025 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: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQUARE PROBATION CARLISLE, PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: manle 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 11 EAST SHADY LANE ENOLA, PA 17025 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 of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. January 6, 2003 ~r',~ /~ DATE (FRANK FI~D~RMAN, ESQUIRE Attorney for Plaintiff FIRST FINANCIAL BANK Plaintiff, V. JOSHUA NAVARRETE JILL M. NAVARRETE Defendant(s). TO: JOSHUA NAVARRETE 11 EAST SHADY LANE ENOLA, PA 17025 CUMBERLAND COUNTY No. 02-5711 January 6, 2003 JILL M. NAVARRETE 11 EAST SHADY LANE ENOLA, PA 17025 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT [VAS 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, 11 EAST SHADY LANE~ ENOLA~ PA 17025~ is scheduled to be sold at the Sheriffs Sale on JUNE 11~ 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $94~028.26 obtained by FIRST FINANCIAL BANK (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: 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. 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. You may also be able to stop the sale through other legal proceedings. You may need an attomey 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 STII,I. 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 Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Western line of Shady Lane, said point being by same measured in a Southwesterly direction, a distance of 250 feet from King Avenue; thence along said Northern line of Shady Lane South 70 degrees 56 minutes 30 seconds West a distance of 50 feet thence North 19 degrees 3 minutes 30 seconds West along the Eastern line of land now or formerly of Jeanne S. Allison a distance of 150 feet to a point on the Southern line of a 15 foot wide alley (unopened and unimproved); thence North 70 degrees 56 minutes 30 seconds East along the Southern line of said alley a distance of 50 feet to a point; thence South 19 degrees 03 minutes 30 seconds East along the Western Line of Lands now or formerly of Edna M. Doudrick a-distance of 150 feet to a point on the Northern ling of Shady Lane, the point and place of beginning. BEING Lot No. 11 on the plan of Lots laid out by A.C. Young, known as Shady Lane, as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 92. TAX PARCEL# 09-13-1002-168A PREMISES BEING KNOWN AS: 11 EAST SHADY LANE ENOLA, PA 17025 BEING the same premises that Wesley E. Ankney, by it's deed dated 11/30/00 and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania on 12/1/00 in Deed Book Volume 235, Page 283, granted and conveyed unto Joshua and Jill M. Navarrete, husband and wife, Grantor herein. _ LAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE FIRST FINANCIAL BANK JOSHUA NAVARRETE JILL M. NAVARRETE CUMBERLAND COUNTY KMD No. 02-5711 ACCT. #11638053 SERVE JOSHUA NAVARRETE AT 11 EAST SHADY LANE ENOLA, PA 17025 Type of Action - Notice of Sheriff's Sale Sale Date: JIYNE 11, 2003 SERVED Served and made known tct T/"~_~4(-~.LAC-~, .~x~(~ar~Sefendant, onthe ~3~ day°f~'0fL~20(~-' of Pe~sylva~a, ~ the ~er described below: ~ Defen~t perso~lly se~ed. ~ Adult fa~ly me.er wi~ whom Defandan~s) resides). Relatiom~p is ~ dult m c~ge of DefenSes) s residence who reused to give ~me or relatm~p. ~ M~ger/Clerk ofp~ce of lodg~g ~ w~ch Defen~t(s) reside(s). ~ Agent or person ~ ch~ge of Defen~s)'s office or us~l place of b~mess. ~ officer of said Defan~n~s)'s co.any. O~er: escfipfion: Age~ Hei~O Wei~t ~ I, ,~. ~,~/~ ~~etentad~t, be~gdulyswomaccordmgtolaw, depose and state ~t I personally handed a ~e ~d co~ect copy of~e Notice of Sh~fCs Sale ~ ~e manner as set fo~ here~, issued ~ the captioned case on ~e ~te and at the ad.ess ~dicated ahoy. swo to // PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the --___ day of ., 2004 at __ .... Moved ____ Unknown__ No Answer 1~t Attempt: / / Time: : 3rd Attempt:. / / Time: : o'clock __.m., Defendant NOT FOUND because: Vacant 2"d Attempt: / / Time: Sworn to and subscribed before me this __ day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE FIRST FINANCIAL BANK JOSHUA NAVARRETE JILL M. NAVARRETE SERVE JILL M. NAVARRETE AT 11 EAST SHADY LANE ENOLA, PA 17025 CUMBERLAND COUNTY No. 02-5711 ACCT. #t 1638053 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 11, 2003 SERVED of Pennsylvania, in the manner described below: _~Defendant personally served. Adult family member with whom Defendant(s) reside(s). 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 satd Defendant(s) s compa y. Other: " Description: Ag - I, ~,~, ¢'1 (~O._ f~'~ ,q~4'/~.. a comp.~ten~t ~ad.ul~,being duly swo~rn~ac~,c_o~rd~..g, to:)~td~P~hStc?~dti;mn~ ?2/t2~;n~ltey a~n~da~d a tr~e ~and c~)rrect copy of the N~tice of Sheriff's Sale m me manner as set Iorm hereto, L~,~u v . the address indicated above. Nota~al Se~ .,.-.. I./~ . · ed Unda J. dump~, k~ta beforeg3e this /~2;3day MyCxtm'is..~:~Ex~re~utyP.~,26Q~ I/ /~ PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the ______.2' daY of ,200~ at Moved ___ Unknown__ No Answer t't Attempt: / / Time: : o'clock __.n~, Defendant NOT FOUND because: Vacant 2nd Attempt: / / Time: 3rd Attempt: / / Time: : Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA RE: FIRST FINANCIAL BANK CIVIL ACTION VS. JOSHUA NAVARETTE JILL NAVARETTE CIVIL DIVISION NO. 02-5711 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF Cumberland ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for FIRST FINANCIAL BANK hereby verify that on January 7, 2003 and April 22, 2003 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: June 4, 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA ~ COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which First Financial Bank is the grantee the same having been sold to said grantee on the 1 lth day of June A.D., 2003, under and by virtue of a writ Execution issued on the 7th day of Jan, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 5711, at the suit of First Fin Bank against Joshua Navarrete & Jill M is duly recorded in Sheriff's Deed Book No. 257, Page 4754. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this . '~ day of A.D. 2003 '/T)~)~ /3r~-0~/ ~fDeeds First Financial Bank VS Joshua Navarrete and Jill M. Navarrete In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-5711 Civil Term Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on February 10, 2003 at 2:33 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Joshua Navarrete, by making known unto Jill Navarrete, wife of defendant, at 11 East Shady Lane, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on February 10, 2003 at 2:33 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jill M. Navarrete, by making known unto Jill Navarrete, personally, at 11 East Shady Lane, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said tree and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2003 at 4:15 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Joshua Navarrete and Jill M. Navarrete located at 11 East Shady Lane, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Joshua Navarrete, by regular mail to his last known address of 11 East Shady Lane, Enola, PA 17025. This letter was mailed under the date of April 04, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Jill M. Navarrete, by regular mail to her last known address of 11 East Shady Lane, Enola PA 17025. This letter was mailed under the date of April 04, 2003 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for First Financial Bank. It being the highest bid and best price received for the same, First Financial Bank of 500 Enterprise Road, Suite 150, Horsham, PA 19044, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $801.13. Sheriffs Costs: Docketing $30.00 Poundage 15.71 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 20.70 Certified Mail Levy 15.00 Surcharge 30.00 Law Journal 293.30 Patriot News 235.18 Share of Bills 25.24 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 801.13 This q~ dayof(~,~ , ~ti R. Thomas Kline, Sheriff C5o o 2oo3,^.D.'"~ B¥~I~~,_~______. Real Estat~Deputy i. ~o ~ ~/13a~ Real Estate Sale # 27 On February 6, 2003 the sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA known and numbered as 11 East Shady Lane, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 6, 2003 Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 Asst. 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 Mamh 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th day(s) of May 2003. 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 Sworn to and suborned ~efore ~ 14th day of [~y 20.D~.D. City Of Hamsburg, DauphinCoun[y'~'~--~'r --~ /-' ~,-~ r ,[,,,',,'-,-~v ~, ,m.,~ My Commission Expires June 6. 2006 I , ~..~.~nT ru~ Member. Pennsylvania Association Of Nolari~V commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs $ 233.43 $ 1.75 $ 235.18 publisher of The Patriol-News and Tbs Su~Oav Patriot-N~ws, ~ewspapers of 9enerel receipt of the afomsa,~ notme an~ publicatmn costs and c~Rifi~s that th~ same haw .................................................................... To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : Lisa Marie Coyae, 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 25, MAY 2, 9, 2003 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. REAL ESTATE ~ NO. 27 Writ No. 2002-5711 Civil First Financial Bank VS, Joshua Navaxrete and Jill M. Navan-ete Atty.: Frank Federman ALL THAT CERTAIN tract or Par- cel of land and premises, situate, lying and being in the Tovauship of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particuJarly de- scribed as follows: BEGINNING at a point on the Western line of Shady Lane, said point being by same measured in a Southwesterly direction, a distance of 250 feet from King Avenue', thence along said Northern line of Shady Lane South 70 degrees 56 minutes 30 seconds West a distance of 50 feet thence North 19 degrees 3 minutes 30 seconds West along the Eastern line of I~nd now or for- merly of Jeanne S. Allison a distance of 150 feet to a point on the South- ern line of a 15 foot wide alley opened and unimproved); thence North 70 degrees 56 minutes 30 seconds East along the Southern line of said alley a distance of 50 feet to a point; thence South 19 deflrees 03 minutes 30 seconds East along the Western Line of L~nds now or formerly of Edna M. Doudrick a dis- tance of 1S0 feet to a point on the Northern line of Shady Lane, the point and place of baglnmug. BEING Lot No. 11 on the plan of Lots laid out by A.C. Young, known as Shady Lane, as recorded tn the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 92, 9 day of MAY, 2003_ Western line of Shady Lane, said point being by same measured in a Southwesterly direct/on, a distance of 250 feet from King Avenue: thence along smd Northern line of Shady Lane South 70 degrees 56 minutes 30 seconds West a distance of 50 feet thence North 19 degrees 3 minutes 30 seconds West along the Eastern line of land now or for- merly of Jeanne S, Allison a distance of 150 feet to a point on the South- em line of a 15 foot wide alley (un- opened and unimproved); thence North 70 degrees 56 minutes 30 seconds East along the Southern line ot said alley a distance of 50 feet to a point; thence South 19 degrees 03 minutes 30 seconds East along the Western Line of Lands now or formerly of Edna M. Doudrick a dis- tance of 150 feet to a point on the Northern line of Shady Lane, the point and place of beginning. BEING Lot No. 11 on the plan of Lots laid out by A.C, Young. known as Shady Lane, as recorded in the Cumberland County Recorder of Deeds Office in plan Book 1. Page 92, TAX PARCEL #09-13-1002-168A. PREMISES BEING KNOWN AS: 11 EAST SHADY LANE. ENOLA, PA 17025. BEING the same premises that Wesley E. Ankney. by it's deed dated 11/30/00 and recorded in the Of- rice of the Recorder of Deeds in and for Cumberland County. Pennsylva- nia on 12/1/00 in Deed Book Vol- ume 235, Page 283. granted and conveyed unto Joshua and Jill M. Navarrete, husband and wife, Grantor herein.