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GOLDBECK; McCAFFERTY
BY: Joseph A. Goldbeck,
Attorney I.D.#16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
& McKEEVER
Jr.
NATIONAL CITY MORTGAGE CO.
P.O. Box 1820
Dayton, OH 45401-1820
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
vs.
:ACTION OF MORTGAGE FORECLOSURE
DUSTIN J. MALESICH
(Mortgagor(s) and Real Owner(s))
Term 1-7;;::-_ ...
No. DI-::J.I./SY CI(':>~L"""U.""''1
516 4th Street
New Cumberland, PA 17070
Defendant(s)
CIVIL ACTION: MORTG^GE
FORECLOSURE
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING
TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION
OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF
COLLECTING THE DEBT.
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 the Complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further notice for any money claimed in the Complaint
or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue, Carlisle, PA
(800) 990-9108
Legal Services Inc.
8 Irvine Row, Carlisle, PA 17013
(717) 243-9400
A V ISO
LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES
ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DrAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO.
PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTQ DE VISTA
DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION.
ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS
LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD
U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE.
SI NO CONOCE A UN ABOGADO, LLAME AL llLAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS),
215-238-6300.
Cumberland County Bar Association
2 Liberty Avenue, Carlisle, PA
(800) 990-9108
Legal Services Inc.
8 Irvine Row, Carlisle, PA 17013
(717) 243-9400
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COMPLAINT IN MORTGAGE FORECLOSURE
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1. Plaintiff is NATIONAL CITY MORTGAGE CO., P.O. Box 1820,
Dayton, OH 45401-1820.
2. The name(s) and address(es) of the Defendant(s) is/are
DUSTIN J. MALESICH, 516 4th Street, New Cumberland, PA 17070, who
is/are the mortgagor(s) and real owner(s) of the mortgaged property
hereinafter described.
3. On April 16, 1999, mortgagor(s) made, executed and
delivered a mortgage upon the premises hereinafter described to
NATIONAL CITY MORTGAGE CO., which mortgage is recorded in the
Office of the Recorder of Deeds of Cumberland County in Mortgage
Book 1535, Page 217. The mortgage has not been assigned. These
documents are matters of public record and are incorporated herein
by reference in accordance with Pennsylvania Rule of Civil
Procedure 1019(g).
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 December 1, 2000,
and each month thereafter are due and unpaid, and by the terms of
said mortgage, upon default in such payments for a period of one
month, the entire principal balance and all interest due thereon
are collectible forthwith.
6. The following amounts are due on the mortgage:
Principal Balance
Interest from 11/ 1/00
through 4/30/01 at 6.875%
Per diem interest rate at $11.70
Attorney's Fee at 5%
of Principal Balance
Late Charges 12/ 1/00- 4/30/01
Monthly late charge amount at $26.14
Costs of suit and Title Search
Escrow Balance Deficit
Monthly Escrow amount $
$ 62,125.95
2,106.00
3,106.30
130.70
560.00
$ 68,028.95
82.90
$ 68,111.85
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 Sheriff's
Sale. If the Mortgage is reinstated prior to the Sale reasonable
Attorney's Fees will be charged based on work actually performed.
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8. Notice of Intention to Foreclose and a Notice of
Homeowners' Emergency Mortgage Assistance has been sent to
Defendant(s) by Certified and regular mail, as required by Act 160
of 1998 of the Commonwealth of Pennsylvania, on the date(s) set
forth in the true and correct copy of such notice(s) attached
hereto as Exhibit "A". The Defendant(s) has/have not had the
required face to face meeting within the required time and
Plaintiff has no knowledge of any such meeting being requested by
the Defendant(s) through the Plaintiff, the Pennsylvania Housing
Finance Agency, or any appropriate Consumer Credit Counseling
Agency.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure
the sum of $68,111.85, together with interest at the rate of
$11.70, per day and other expenses incurred by the Plaintiff which
are properly chargeable in accordance with the terms of the
mortgage, and for the foreclosure and sale of the mortgaged
premises.
By:
GO AFFERTY & McKEEVER
BY: oseph . Goldbeck, Jr., Esq.
At orney for Plaintiff
VERIFICATION
I,
Anita Holbrook
as the representative of the
Plaintiff corporation within named do hereby verify that I am
authorized to and do make this verification On behalf .of the
Plaintiff corporation and the facts set forth in the foregoing
Complaint are true and correct to the best of my knowledge,
information and belief_ I understand that false statements therein
are made subject to the penalties of 18 Pa. C_S, 4$04 relating to
unsworn falsification
Date: 'I /~ij,~J
to authorities_
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Anita Holbrook
Mortgage Officer
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IWlE THB t It.,u, d.~ at Clp;.J in the year et om: Lord on.
thQuaan~ ~ne hundred nin~ty-nine (1999).
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BETWBEN ! PEGGY E. FALLO~, n/k/a PBGGY E. FINNSN, .ingle woman
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W!TNESBETH. th.t in copsiaeration of One and NO/lQD~~~~M.~-~.~_._-~.~~
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---------1---------------r--($1.ool------------------------Dell.re.
in hand paid. the receip~ whereof is hereby acknowledged, the said
Grantor d~eB hereby grani and convey to ~he said Grantee, her/his
heire andiaeeigno.
ALL THAT CBRTAlN lot of l~nd llI:f.tuate in the Borough or: New cumberb.nd,
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cutnbe:t'lan4 ClOUhty. l:Ienneylvania. I1\CllOe particul~rly boundecS and
deseribed\as follOWS. ~o uit:
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.EGINNING~aC a po~nt on ~e eouehmr.n aide of Pourth Street, one
hundred (tOO) feee, more ~r i..., Bast =~ ~he southeast 1ncers8ctipn
of ~curthfstree~ and 2ut~w Street; thence in an easterly direction
_long the iSQU~hern li~B of Fou~th St~eee. twenty-one (~1' feet, more
or l~eB. to a poin~ on l~he running through the oenter of a partition
wall of, t~e dOUble fram& :~welling arBcted in pa.t on the lot herein
dGscribeQ~ ehence in a BI".' therly d1~eation _long esid mentioned line
throu~h t~e partition wa~ and beyood. one hundred forty (1401 teee.
me:!:'e oX' l~QB, tQ R.uby Av~,: us, .thence in is. w~aterly direction along
'Ruby A'Vtiiiln~, tWatl'tY-Q:ne (~l) feet. more or lesa, 'to a point on the
li~e of L~t No. 22; then~ in ~ northerly direction alang the line ot
~ot No. 22, and pa~~ll~l ~rith Eutaw Street, one hund~~d forty (140)
feet, mQ~ O~ leBs, to tBs place of Beginni~.
D.1!!NC par~ of Lot:. Ng. 33), Block; "I., of Eluttorff' s Addition to ~he
Dorough of New ~mbsrlan~~ according to ~he Plan of Lets recordad in
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page 498.
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BElNG improved wit.h '" e weet:-erl'- half of a d.ou.ble two-st.o:ry frame
dwelling house known ~ numbe~~d 88 No. 516 Fcurth St~eet, New
CUmberland, penn.~lva~ia. :
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SEING the saMe p~.m!el'a which Robe~t G. Schwab and Greta S. schwab,
husband and wife. by 'h8~r deed dated'JQne 17, 1991j in the Office of
th= ReQorder of ~eeds;of cumberland C9un~y ~ennBylvania in Oeed Book
~, Volu~e 35, Page 17 . granted and ~onveyed u~~o Peggy E. 'allon,
n/k/Q peggy E. ~1nnen~ grantor hermin~
Thi!:l is a conveyance Ltween ~rent ~~d child and 1El exempt. from all
r~alty ~ransfer tax.
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AND the aaid Gra'tcr
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hereby coy~nBn~p and agrees
hereby,1 conveyed.
that she
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NationalCity@
Mortgage
EXHIBIT A
National City Mortgage Co.
3232 Newmark Drive. Miamisburg, Ohio 45342
Telephone (937) 910-1200
Mailing Address:
P.O. Box 1820
Dayton, Ohio 45401-1820
February 09, 200l
Dustin J Malesich
516 4th St
New Cumberland PA l7070
Loan No. 948242-2
Current Servicer: National City Mortgage
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) .
NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on
your property located at:
516 4th St
New Cumberland PA l7070
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s)
l2/0l/20DD - 02/Dl/200l
and the following amount(s) are now past due:
Monthly Payments
Late Charges
Other Fees
Less Suspense Balance
Total Due l,649.39
l,578.77
62.22
8.40
.00-
YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION
(Do not use if not applicable) :
HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days
HOW TO CURE THE DEFAULT
of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE
LENDER, WHICH IS $ l,649.39, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES
WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD.
Payments must be made either by cash, cashier's check, certified check
or money order made payable and sent to:
National City Mortgage
Attn: Collection Cashier
3232 Newmark Dr.
Miamisburg, OH 45342
You can cure any other default by taking the following action within
THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable)
DR672 FT8
Page l - ACT 9l NOTICE
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ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the
lender intends to Foreclose. Specific information about the nature of the default
is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able
to help save your home. This Notice explains how the program works.
To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUN-
SELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this
Notice with you when you meet with the Counseling Agency.
The name. address and phone number of Consumer Credit Counseling Agencies
serving your County are included with this Notice. If you have any questions. you
may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.
(Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help
explain it. You may also want to contact an attorney in your area. The local bar
association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTlNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDOESTA AGENCIA (PENNSYLVANIA HOUSING FI-
NANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDlMIR SU
HIPOTECA.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE
YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE
MORTGAGE PAYMENTS.
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IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE
FOR EMERGENCY MORTGAGE ASSISTANCE:
· IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL.
· IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED
BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a tempo-
rary stay of foreclosure on your mortgage for thirty (30) days from the date of this No-
tice. During that time you must arrange and attend a ''face-to-face" meeting with one of
. the consumer credit counseling agencies listed at the end of this Notice. THIS MEET-
1NG MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR
EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE
UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORT-
GAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the con-
sumer credit counseling agencies listed at the end of this notice, the lender may NOT
take action against you for thirty (30) days after the date of this meeting. The names.
addresses and telephone numbers of designated consumer credit counseling agencies
for the county in which the property is located are set forth at the end of this Notice. It is
only necessary to schedule one face-to-face meeting. Advise your lender immediately
of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about
the nature of your default). If you have tried and are unable to resolve this problem with
the lender, you have the right to apply for financial assistance from the Homeowner's
Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a
completed Homeowner's Emergency Assistance Program Application with one of the
deSignated consumer credit counseling agencies listed at the end of this Notice. Only
consumer credit counseling agencies have applications for the program and they will
assist you in submitting a complete application to the Pennsylvania Housing Finance
Agency. Your application MUST be filed or postmarked within thirty (30) days of your
face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF
YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET fORTH IN THIS LETTER,
FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND
YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very
limited. They will be disbursed by the Agency under the eligibility criteria established by
the Act.
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The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it
receives your application. During that time, no foreclosure proceedings will be pursued
against you if you have met the time requirements set forth above. You will be notified
directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO
COLLECT THE DEBT.
(If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.)
IF YOU DO NOT CURE THE DEFAUL T(see Dage 1) -(fyou do not cure the default
withinTHIRTY (30) DAYS ofthe date ofthis Notice, the lender intends to exercise its
ri9hts to accelerate the mortaaae debt This means that the entire outstanding balance
of this debt will be considered due immediately and you may lose the chance to pay the
mortgage in monthly installments. If full payment of the total amount past due is not made
within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal
action to foreclose UDon your mortaaae DroDerty.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by
the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but
you cure the delinquency before the lender begins legal proceedings against you, you will
still be required to pay the reasonable attorney's fees that were actually incurred, up to
$50.00. However, if legal proceedings are started against you, you will have to pay all
reasonable attorneys' fees actually incurred by the lender even iftheyexceed $50.00. Any
attorney's fees will be added to the amount you owe the lender, which may also include
other reasonable costs. If YOU cure the default within the THIRTY (30) DAY oeriod.
you will not be reauired to Day attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun,
you still have the riGht to cure the default and prevent the sale at any time uo to one hour
before the Sheriffs Sale. You mav do so bv pavinG the total amount then past due, plus any
late orother charGes then due, reasonable attornev's fees and costs connected with the
foreclosure sale and anv other costs connected with the Sheriffs Sale as specified in
writinG by the lender and by performina any other reGuirements under the mortaaae. Cur-
ing your default in the manner set forth in this notice will restore your mortgage to
the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE -It is estimated that the earliest date
that such a Sheriffs Sale ofthe mortgaged property could be held would be approxi-
mately FOUR(4) months from the date of this Notice. A notice of the actual date of the
Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the
default will increase the longer you wait. You may find out at any time exactly what the
required payment or action will be by contacting the lender.
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HOW TO CONTACT THE LENDER: Name of Lender: National City Mortgage
Address: 3232 Newmark Dr. Miamisburg OH 45342
Phone Number: 1.800.523.8654 . Fax Number: (937) 910-4057
Contact Person: COLLECTIONS DEPT.
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriffs Sale, a lawsuit to remove you and your furnishing and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You mayor may not be able to sell or transfer your
home toa buyer or transferee who will assume the mortgage debt, provided that all the
outstanding payments, charges and attomey's fees and costs are paid prior to or at the
sale and that the other requirements ofthe mortgage are satisfied. For additional informa-
tion please contact the Collection Dept.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT
OR TO 80RROWMONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BE-
HALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DE-
FAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT
HAVE THIS RIGHTTO CURE YOUR DEFAUL TMORE THAN THREE TIMES INANY
CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF DEFAULT IN ANY FORECLOSURE PRO.
CEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCU-
MENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-02454 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NATIONAL CITY MORTGAGE CO
VS
MALESICH DUSTIN J
RICHARD E. SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
MALESICH DUSTIN
the
DEFENDANT
, at 1819:00 HOURS, on the 2nd day of May
, 2001
at 516 4TH STREET
NEW CUMBERLAND, PA 17070
by handing to
DUSTIN MALESICH
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
10.54
.00
10.00
.00
38.54
So Answers:
.r~~
R. Thomas Kline
05/D3/2001
GOLDBECK MCCAFFERTY
iff
Sworn and Subscribed to before By:
me this ';UlAJ. day of
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GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 500 - The Bourse Bldg.
III S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
NATIONAL CITY MORTGAGE CO.
P.O. Box 1820
Dayton, OH 45401-1820
Plaintiff
vs.
DUSTIN J. MALESICH
516 4th Street
New Cumberland, PA 17070
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. 01-2454 (Civil Term)
CERTIFICATE OF SERVICE
PURSUANT TO Pa.R.C.P. 3129.2(c) (2)
Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby
certifies that service on the Defendants of the Notice of Sheriff Sale was
mad.e,J>y:
(~ Personal Service by the Sheriff's Office/.- r-L~..~ ~a_l_ (copy of
return attached) .
) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal
return receipt attached) .
Certified mail by Sheriff's Office.
Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for
Defendant(s) of record (proof of mailing attached) .
Acknowledgment of Sheriff's Sale by Attorney for Defendant(s) (prQof
of acknowledgment attached) .
Ordinary mail by Sheriff's Office to Attorney for Defendant(s) of
record.
IF SERVICE WAS ACCOMPLISHED BY COURT ORDER.
( ) Premises was posted by Sheriff's Office/competent adult (copy of
return attached).
Certified Mail & ordinary mail by Sheriff's Office (copy of return
attached) .
Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original
receipt(s) for Certified Mail attached).
Pursuant to the Affidavit under Rule 3129 (copy attached), service on all
lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck,
Jr., Esquire (copies of proofs of mailing attached).
The undersigned understands that the statements herein are subject to the
penalties provided by 18 P.S. Section 4904.
Respectf
GOLDBECK
BY: Jose
Attorney
[0'h~';&~i;l
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,
7101. IjS7S :L!"I1j IjI.OS 1j831
TO:uUSTlN J. MALESICH
516 4th street: .
New cumberland, PA 17070
CUMBERLAND
SENDER:
REFERENCE:
GOLDBECK McCAFFERTY & MCKEEVER.
June 11, 2001
MALESICH,DusnN
NC.0253
PS Form 3800 June 200'" S/01 -
RETURN Postage
RECEIPT Certified Fee
SERVICE
Return Receipt Fee ~, ."
Restricted Delivery
Total Postage & F.e~s
US Postal Service
J. ,
Receipt for
Certified Mail
No Insurance Coverage Provided
Do Not Use for International Mail
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National City Mortgage Company
VS
Dustin J. Malesich
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-2454 Civil Term
Kathy Clarke, Deputy Sheriff, who being duly sworn according to law, states on
July 09, 2001 at 2:50 o'clock P.M., EDST, she served a true copy of the within Real
Estate Writ, Notice, Poster and Description, in the above entitled action, upon one of the
within named defendants, to wit: Dustin J. Malesich, by making known unto Paul J.
Grothe, Adult in charge of residence, at 516 4th Street, New Cumberland, Cumberland
County, Pennsylvania 17070 its contents, and at the same time handing to him personally
the said true and attested copy of the same.
Kathy Clarke, Deputy Sheriff, who being duly sworn according to law, states on
July 09, 2001 at 2:50 o'clock P.M., EDST, she posted a true copy of the within Real
Estate Writ, Notice, Poster and Description, in the above entitled action upon the property
of Dustin 1. Malesich, located at 516 4th Street, New Cumberland, Cumberland County,
Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
served the within Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a pendency of the action by regular mail, to one of the
within named defendants, to wit: Dustin 1. Malesich, at his last known address of 516 4th
Street, New Cumberland, PA 17070. This letter was mailed under the date of July 13,
200 I and never returned to the Sheriff s Office.
S~An~
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R. Thomas Kline, Sheriff
By9~~ Jmiih
R al Esta e Deputy
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NatiQnal City Mortgage Co.
Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Vs.
Dustin J. Malesich
Defendant
NO. 01-2454 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129.1
National City Mortgage Co., Plaintiff in the above action, by
its attorney, Joseph Goldbeck, Jr., 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
516 4th Street. New Cumberland. PA 17070.
1. Name and address of owner(s} or reputed owner (s):
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
Dustin J. Malesich
516 4th Street
New Cumberland. PA 17070
2. Name and address of defendant(s) in the judgment:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
SAME AS ABOVE
3. Name and address of every judgment creditor whos~ judgment
is a record lien on the real property to be sold:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
HQne
4. Name and address of the last recorded holder of every
mortgage of record:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
HQne
-
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5. Name and address of every other person who has any record
lien on the property:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
~
6. Name and address of every other person who has any record
interest in the property and whose interest may be affected
by the sale:
N~e
Address (if address cannot be reasonably
ascertained, please so indicate)
Cumberland County D~t. of
Domestic Relations
P.O. Box 320
Carlisle. PA 17013
Pa Dept. of Public Welfare
Bureau of Child S~ort Enforcement
Health and Welfare Bldg. Roam 432
P.O. Box 2675
Harrisburg. PA 17105
7. Name and address of every other person of whom the
plaintiff has knowledge that has any interest in the
property that may be affected by the sale:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
~
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. #49D4 relating to unsworn
falsification to authorities.
June 11, 2001
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GOLDBECK McCAFFERTY & McKEEVER
By: Joseph A. Goldbeck, Jr.
Attorney I.D. #16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
(7.15) (;27-117.2
ATTORNEY FOR PLAINTIFF
National City Mortgage Co.
P.O. Box 1820
Dayton, OH 45401-1820
Vs.
Dustin J. Malesich
516 4th Street
New Cumberland, PA 17070
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO 01-2454 Civil Term
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against
Dustin J. Ma1esich, Defendant for failure to file an Answer to Plaintiff's
Complaint within 20 days (or 60 days if defendant is the United States of
America) from the date of service of the complain and for foreclosure and
sale of the mortgaged premises, and assess Plaintiff's damages as follows:
As set forth in Complaint
Interest - 5/1/01 - 6/8/01
Late Charges
TOTAL
$68,111.85
$ 456.30
S 52.28
$68.620.43
I hereby certify that (1) the addresses of the Plaintiff and
Defendant are as shown above, and (2) that notice has been given in
accordance with Rule 237.1, copy attached.
1dbeck, Jr.
r Plaintiff
DAMAGES
ARE HEREBY ASSESSED AS
&-
l3-u INDICAc'~~ R t . ;._.\.1
PRO PROTHY d~ V 14
I hereby certify that the above names are correct and that the
precise residence address of the judgment creditor is P.O. Box 1820,
Dayton, OH 45401-1820 and that the name and last known address of the
Defendant is:
Dustin J. Ma1esich, 516 4th Street
New Cumberland, PA 17070
DATE:
.
oldbeck, Jr.
or Plaintiff
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TO: DUSTIN J. MALESICH
516 4th Street
New Cumberland, PA 17070
NATIONAL CITY MORTGAGE CO.
P.O. Box 1820
Dayton, OH 45401-1820
Plaintiff
VS.
DUSTIN J. MALESICH (Mortgagor(s))
(Record Owner(s))
516 4th Street
New Cumberland, PA 17070
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. 01-2454 (Civil Term)
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A
DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED
FOR THE PURPOSE OF COLLECTING THE DEBT.
TO: DUSTIN J. MALESICH
516 4th Street
New Cumberland, PA 17070
DATE OF THIS NOTICE: May 24, 2001
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN (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:
Cumberland County Bar Association
2 Liberty Avenue, Carlisle, PA
(800) 990-9108
/s/ JOdeph --4. (jotdteck. Jr.
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr., Esq.
Attorney for Plaintiff
Suite 500 - The Bourse Bldg.
III S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
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GOLDBECK, MCCAFFERTY & MCKEEVER
By: Joseph A. Goldbeck, Jr.
Attorney I.D. #16132
Suite 5DO-The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
(21'1) fi27-1322
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
National City Mortgage Co.
Vs.
No. Dl-2454 Civil
Term
Dustin J. Malesich
CUMBERLAND COUNTY
VERIFICATION OF NON-MILITARY SERVICE
JOSEPH A. GOLDBECK, JR., 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 is 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 Dustin J. Malesich, is over 18 years of
age, and resides at 516 4th Street, New Cumberland, PA 17070.
This statement is made subject to the penalties of 18
Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
June 11, 2001
LDBECK, JR.
r Plaintiff
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(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
National City Mortgage Co.
, Plaintiff
Vs.
NO. 01-2454 Civil Term
Dustin J. Malesich
, Defendant
Notice is given that a Judgment in the above captioned
matter has been entered against you on June /2; , 2001.
If you have any
By, (I.:. J4j1- TY
~'i
questions concerning this ma ter please
contact:
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT
AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,
BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
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GOLDBECK, MCCAFFERTY & MCKEEVER
By: Joseph A. Goldbeck, Jr.
Attorney I.D. #16132
Suite 500-The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
(/.1 <;) h/.7-13/./.
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
National City Mortgage Co.
Vs.
CUMBERLAND COUNTY
CIVIL DIVISION
NO. 01-2454 Civil Term
Dustin J. Malesich
CERTTFTr.ATION
JOSEPH A. GOLDBECK, JR., ESQUIRE, hereby states that he is
the attorney for the Plaintiff in the above captioned matter and
that the premises are not subject to the provisions of Act 91
because 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. ~ 4904 relating to unsworn falsification to authorities.
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GOLDBECK McCAFFERTY & McKEEVER
By: Joseph A. Goldbeck, Jr.
Attorney I.D. #16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
(/.1 S) 627-1 ::l22
ATTORNEY FOR PLAINTIFF
National City Mortgage Co.
Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Vs.
Dustin J. Ma1esich
Defendant
NO.01-2454 Civil Term
NOTlr.F. OF' SHERTF'F" S SAI,F. OF' RF.AT, F.STATF.
TO: Dustin J. Malesich
516 4th Street
New Cumberland, PA 17070
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A
DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO
BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF
A LIEN AGAINST PROPERTY.
Your house (real estate) at 516 4th Street. New Cumberland.
PA 17070. is scheduled to be sold at the Sheriff's Sale on
Saptember 5. 2001 at 10:00 a.m., in Cumberland County, Cumberland
County Courthouse, Commissioners Hearing Room, 200 Floor, Carlisle,
PA 17013 to enforce the court judgment of $68.620.43 obtained by
National City Mortgage Co. (the mortgagee) against you.
NOTICE OF O~R'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate
action:
1. The sale will be cancelled if you pay to the mortgagee the
Back payments, late charges, costs and reasonable attorneys
Fees due. To find out how much you must pay, you may call:
(2151 627-1322
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.
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You may need an attorney to assert your rights. The sooner
, you concact 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. I f the Sheriff's Sale
sold to the highest bidder.
calling (215) fi27-11??.
is not stopped, your property will be
You may find out the price bid by
2. You may be able to petition the Court to set aside the sale
if the bid price was grossly inadequate compared to the value of
your property.
3. The sale will go through only if the buyer pays the Sheriff
the full amount due in the sale. To find out if this has
happened, you may call the Sheriff's office at (717) 240-fi390.
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 this time, the buyer may bring legal proceedings to
evict you.
6. You may be entitled to a share of the money which was paid
for your house. A proposed schedule of distribution of the money
bid for your house will be prepared by the Sheriff 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 posting of the Schedule of Distribution.
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 FINO OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(800) 990-9108
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17103
(717) 243-9400
.
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
National City Mortgage Co.
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Vs.
NO: 01-2454 Civil Term
Dustin J. Ma1esich
Defendant
PRAECIPE FOR WRIT OF EXECUTION
(MORTGAGE FORECLOSURE)
TO THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
$68.620.43/
$
Amount Due
Interest from 6/8/01 to sale date
at $11.28 per diem
Total
and Costs
$
h A.
e 500 e Bourse Bldg.
I! S. Independence Mall East
Philadelphia, PA 19106
Attorney for Plaintiff
Note: Please attach description of property.
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ALL THAT CERTAIN lot ofland situate in the Borough of New Cumberland, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to-wit:
BEGINNING at a point on the southern side of Fourth Street, one hundred (100) feet, more or less,
East of the southeast intersection of Fourth Street and Eutaw Street; thence in an easterly direction
along the southern line of Fourth Street, twenty-one (21) feet, more or less, to a point on line running
through the center of a partition wall of the double frame dwelling erected in part on the lot herein
described; thence in a southerly direction along said mentioned line through the partition wall and
beyond, one hundred forty (140) feet, more or less, to Ruby Avenue, thence in a westerly direction
along Ruby Avenue, twenty-one (21) feet, more or less, to a point on the line of Lot No. 22; thence
in a northerly direction along the line of Lot No. 22, and parallel with Eutaw Street, one hundred
forty (140) feet, more or less, to the place of BEGINNING.
Tax parcel #25-25-0006-078
Being known as 516 4th Street, New Cumberland, PA 17070
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WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183 and RULE 2357
National city Mortgage Co.
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Vs.
NO: 01-2454 Civil Term
Dustin J. Malesich
Defendant
WRIT OF EXECUTION
(MORTGAGE FORECLOSURE)
TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA
To satisfy the judgment, interest and costs in the above
matter, you are directed to levy upon and sell the following
described property (specifically described property below) :
Premises:
516 4th Street, New Cumberland, PA 17070
(see attached legal description)
Amount Due
Interest from 6/8/01 to Date
of Sale at $11.28 per diem
Total
$68,620.43
$
$
Plus Costs
as endorsed
Clerk
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Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Vs.
Dustin J. Malesich
Defendant
NO. 01-2454 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129.1
National City Mortgage Co., Plaintiff in the above action, by
its attorney, Joseph Goldbeck, Jr., 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
516 4th Street. New Cumberland. PA 17070.
1. Name and address of owner(s) or reputed owner (s):
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
Dustin J. Malesich
516 4th Street
New Cumberland. PA 17070
2. Name and address of defendant(s) in the judgment:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
SAME AS ABOVE
3. Name and address of every judgment creditor whose judgment
is a record lien on the real property to be sold:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
NQne
4. Name and address of the last recorded holder of every
mortgage of record:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
NQne
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Name and address of every other person who has any record
lien on the property:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
None
6. Name and address of every other person who has any record
interest in the property and whose interest may be affected
by the sale:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
Cumberland County Dept. of
Domestic Relations
P.O. Box 320
Carlisle. PA 17013
Pa Dept. of Public Welfare
Bureau of Child S~port Enforcement
Health and Welfare Bldg. Room 432
P.O. Box 2675
Harrisburg. PA 17105
7. Name and address of every other person of whom the
plaintiff has knowledge that has any interest in the
property that may be affected by the sale:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
None
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. #4904 relating to unsworn
falsification to authorities.
June 11, 2001
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STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
} 55.
Robert P Ziegler
I, ______________________________________________________________________________Ilecorderof
Deeds in and for said County and State do 'hereby certify that the Sheriff's Deed in which ____________u__
_.Ellgl'_J;:....Lful.t.:i.Q!l-'l.LM.9.l'J;g..,g...U~!'Jl_'l..!i'_~i2!'__ ____________________________________ is the grantee
the same having been sold to said grantee on the -______________u__~ili__u_________________u day of
September . 2001 .
_________u____________u__u___u__u__ A. D., , u___, under and by VIrtue of a wriL_____________
Execution . 13th
________________ _______u_____________ __________ ISSUed on the ___________u ___ ______ ____ _u_____ ___
day of _____~~~:_________________ A. D., 2<!.~~__, out of the Court of Comman Pleas of said County'as of
Civil
______________________________..____________u___ _________u______u___u_________ Tenn,: 29_l!!__
Number ____~~?L____, at the suit of __I;!~.!'_~~r:~}__~~.!'.L~~!!_Ii~l:I!'__<2~~.P_'!.r:L_______________________
___________________________________against___g_~~~~!:_~_~~~~~~_c_~____________________________ is
duly recorded in Sherifrs Deed Book No. ___3_~~_____, Page ___~~?:_____.
IN TESTIMONY WHEIlEOF, I have hereunto
set my hand and seal of said office this u_~~___ day
of _______(f2~_____________ A. D., ~f:_L
'Cq~JL~-~o;~
Recorder 01 Deeds, Cumberland Cllunty. Carlisle. I'A
1oI~ CommiSSIon Exp"es,lhe First MOl1da~ 01 Jan. 2002
'.
National City Mortgage Company
VS
Dustin J. Malesich
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.
.
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-2454 Civil Term
Kathy Clarke, Deputy Sheriff, who being duly sworn according to law, states on
July 09, 2001 at 2:50 o'clock P.M., EDST, she served a true copy of the within Real
Estate Writ, Notice, Poster and Description, in the above entitled action, upon one of the
within named defendants, to wit: Dustin J. Malesich, by making known unto Paul J.
Grothe, Adult in charge of residence, at 516 4th Street, New Cumberland, Cumberland
County, Pennsylvania 17070 its contents, and at the same time handing to him personally
the said true and attested copy ofthe same.
Kathy Clarke, Deputy Sheriff, who being duly sworn according to law, states on
July 09, 2001 at 2:50 o'clock P.M., EDST, she posted a true copy ofthe within Real
Estate Writ, Notice, Poster and Description, in the above entitled action upon the property
of Dustin J. Malesich, located at 516 4th Street, New Cumberland, Cumberland County,
Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
served the within Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a pendency of the action by regular mail, to one of the
within named defendants, to wit: Dustin 1. Malesich, at his last known address of 516 4th
Street, New Cumberland, PA 17070. This letter was mailed under the date of July 13,
200 I and never returned to the Sheriff's Office.
R, Thomas Kline, Sheriff, who being duly sworn according to law, says that after
due and legal notice had been given according to law, exposed the within described
premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County,
Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D,S.T., and sold the same
for the sum of $35,000.00 to Attorney Scott A. Dietterick (Attorney for Joseph A.
Goldbeck, Jr.) for Federal National Mortgage Association. It being highest bid and best
price received for the same, Federal National Mortgage Association of 1900 Market
Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution, paid Sheriff
R. Thomas Kline the sum of $1,543.89.
Sheriff's Costs:
Docketing $
Poundage
Posting Handbills
Advertising
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
Mileage
Certified Mail
Levy
30.00
700.00
15.00
15.00
30,00
10.00
.50
1.00
11.05
1.73
15.00
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Surcharge
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriff s Deed
20.00
228.20
188.25
25.66
25.00
27.50
$1,343.89 paid by attorney
10-05-01
Sworn and subscribed to before me
So Answers:
Tms/~ d~of~J
2001, A.D. ~ Q. ~ t1f7,
Pro onotary
~~#~
R. Thomas Kline, Sheriff"
BY ~. 5<1/1AHt
Re Esta Deputy
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WijlT OF EXECBTIONand/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 01-2454 CIVIL 19
CIVIL ACTION - LAW
TO THE $HER.lFF OF
CUMBERLAND
COUNTY:
National City Mortgage Co.
Tp satisfy the debt, interest and costs due
PLAINTIFF(S)
from Gustin J. Malesich, 516 4th st., New Cumberland PA 17070.
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located at
516 4th St.. New Cumberland PA 17070. (See attached 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) islare enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendan\(s) or otherwise disposing
thereof;
(3) If property ofthe defendant{s) not levied upon an subjectto attachment is found in the possession of anyone other
than a named garnishee, you are directed to notify him/herthat helshe has been added as a garnishee and is enjoined as above
stated.
Ally's Comm
Atty Paid
Plainlitf Paid
%
Due Prothy
Other Costs
$.50
$1.00
Amount Due $68.620.43
Interest 6/8/01 - 9/5/01 @ $11.28/diem
LL
$110.54
Date:
June 13, 2001
CURTIS R. LONG
"y -,~;r};:c;~
Deputy
REQUESTING PARTY:
Name Joseph A. Goldbeck. Jr., Esq.
Suite 500, The Bourse tl.ldg.
Address: 111 S. Ine.epenOOoo@ Mall "'''''i,-I-
philadelphia PA 19106
plaintiff
Attorney for:
Telephone: (215)
Supreme Court ID No.
627-1322
16132
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On j U. /U. /1'1 ;206 I the sheriff levied uflon the o6tendanu.
Interest in the real property situated in I/.uu (L/~Jt!Ul.{/ !567tJ !!:?'-'-
Cumberland County, Pa., known ~nd numbered as: . F)j 1.0 t/7~1-
*-w a~{L/~n~ more full\ '->"',""..0 on Exhibit' 'A" filed wit~
this writ and by this reference Incorporated herein.
Date: /'^" /-:,Joo/. By: ~ S"t::w
y\lf1^I~SHH3d
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SCHEDULE OF DISTRIBUTION
SALE NO. 48
Writ No. 2001-2454 Civil Term
National City Mortgage Company
VS
Dustin J. Malesich
Filed October 5, 2001
Date of Sale:
Buyer:
Bid Price:
September 05, 2001
Federal National Mortgage Association
$35,000.00
Real Debt
Interest
Attorney writ costs
$68,620.43
1,003.92
11 0.54
Total
$69,734.89
Distribution
Amount Collected
Legal Search
Sheriff's Costs
$1,543.89
200.00
1,343.89
So Answers:
r~~~<~~
R. Thomas Kline, Sheriff
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TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY
EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED.
SHERIFF SALE NO. 48
Held Wednesday, September 5, 2001
Date: September 5, 2001
TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the current year
2001.
WATER RENT:
SEWER RENT
Company assumes no liability for private supply of water or sewer.
Receipts to be produced if services are lienable.
MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims.
MUNICIPAL CLAIMS
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below,
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated , 2001, and recorded
,2001, in Cumberland County Deed Book , Page
RECITAL: BEING the same premises which Peggy E. Fallon, by deed dated April 16, 1999
recorded April 19, 1999 in the Office of the Recorder of Deeds in and for Cumberland County in
Carlisle, Pennsylvania in Deed Book 197, Page 807 granted and conveyed to Dustin J. Malesich,
single person.
OTHER EXCEPTIONS:
1. The identity and legal competency of parties at the closing of this title should be
established to the satisfaction of the closing attorney acting for this Company.
2. Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area
and encroachments which an accurate and complete survey would disclose.
4. Payment of State and local Real Estate Transfer Taxes, if required.
5. Public and private rights in the roadbeds of Fourth Street, and Ruby Avenue.
6. Rights in party wall forming a portion of the property boundary for the subject premises.
7. Mortgage in the amount of $63,150.00 given by Dustin 1. Malesich to National City
Mortgage dated April 16, 1999 recorded April 19, 1999 in Mortgage Book 1535 Page
217.
Complaint in Mortgage Foreclosure filed by National City Mortgage Company as
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Plaintiff against Dustin J. Malesich as Defendant in the Office of the Prothonotary of
Cumberland County to file number 2001-2454. Default judgment entered June 13,
2001 in the amount of $68,620.43.
8. Satisfactory evidence to be produced that proper notice was given to the holders of all
liens and encumbrances intended to be divested by subject Sheriff Sale.
9. Satisfactory evidence to be produced that the advertisement of the property for sale is
sufficient with the absence of any reference to improvements on the subject
property.
9. Real estate taxes accruing on and after January 1, 2002 not yet due and payable.
It is to be noted that no search of Domestic Relations Records has been made to
determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any
search been made for environmental liens in Federal District Court.
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Robert G. Frey, Agent
Note: This Title Report shan not be valid or 'ndi
until countersigned by an authorized signatory.
-
REAL ESTATE SALE NO. 48
Wrtt No. 2001-2454 Civil
National Clf;}' Mortgage Co.
VB.
Dustin J, Malesich
Atty.: Joseph A. Goldbeck. Jr.
ALL THAT CERTAIN lot of land
situate in the Borough of New Cum~
berland. Cumberland Counf;}', Penn-
sylvania. more particularly bounded
and described as follows, to~wtt:
BEGINNING at a potnt on the
southern side of Fourth Street. one
hundred (IOOl feet. more or less.
East of the southeast intersection
of Fourth Street and Eutaw Street
thence 1n an easterly direction along
the southern line of Fourth Street.
twenty-one (21J feet. more or less,
to a point on line running through
the center of a partition wall of the
double frame dwelUng erected in
part on the lot herein described;
thence in a southerly clirection along
saId mentioned line through the
partition wall and beyond, one hun~
dred forty (140) feet, more or less,
to Ruby Avenue. thence in a west-
erly direction along Ruby Avenue.
tw'enty-one (21) feet, more or less.
to a point on the line of Lot No. 22;
thence in a northerly direction along
the line of Lot No. 22. and parallel
with Eutaw Street, one hundred
forty (140) feet, mo.e 0. less, to the
place of BEGINNING.
Tax parcel #25-25-0006-078.
Being known as 516 4th Street.
New Cumberland, PA 17070.
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National City Mortgage Co.
Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Vs.
Dustin J. Malesich
Defendant
NO. 01-2454 Civil Term
AFFIDAVIT PURStJANT TO RULE 3129.1
National City Mortgage Co., Plaintiff in the above action, by
its attorney, Joseph Goldbeck, Jr., 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
516 4th Street. New Cumberland. FA 17D70.
1. Name and address of owner(s) or reputed owner (s):
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
Dustin .T. Malesich
516 4th Street
New Cumberland. FA 17070
2. Name and address of defendant(s) in the judgment:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
Sll~ AS ABOVE
3. Name and address of every judgment creditor whose judgment
is a record lien on the real property to be sold:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
None
4 . Name and address of the last recorded holder of every
mortgage of record:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
None
.
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5. Name and address of every other person who has any record
lien on the property:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
NQn.e
6. Name and address of every other person who has any record
interest in the property and whose interest may be affected
by the sale:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
Cumberland CDunty Dept. of
Domestic Relations
P.O. Box 32D
Carlisle. PA 17D13
Pa Dept. of public Welfare
Bureau of Child Support Enforcement
Health and Welfare Bldg. Room 432
P.O. Box 2675
Harrishurg. PA 17105
7. Name and address of every other person of whom the
plaintiff has knowledge that has any interest in the
property that may be affected by the sale:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
NQn.e
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 tbe penalties of 18 Pa. C.S. #4904 relating to unsworn
falsification to authorities.
June 11, 2001
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GOLDBECK McCAFFERTY & McKEEVER
By: Joseph A. Goldbeck, Jr.
Attorney I.D. #16132
suite 500 - The Bourse Bldg,
111 S. Independence Mall East
Philadelphia, PA 19106
(21";) 627-B:i.:i.
ATTORNEY FOR PLAINTIFF
National City Mortgage Co.
Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Vs.
Dustin J. Malesich
Defendant
NO.01-2454 Civil Term
NOTTeR OF SHRRIFF I S SAI,R OF RRAT, ESTATE
TO: Dustin J. Ma1esich
516 4th Street
New Cumberland, PA 17070
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A
DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO
BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF
A LIEN AGAINST PROPERTY.
Your house (real estate) at 516 4th Street. New Cumberland.
PA 17070. is scheduled to be sold at the Sheriff's Sale on
Sp.ptemher 5. 2001 at 10:00 a.m., in Cumberland County, Cumberland
County Courthouse, Commissioners Hearing Room, 2M Floor, Carlisle,
PA 17013 to enforce the court judgment of S68.620.43 obtained by
National Ci~ Mortgage Co. (the mortgagee) against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate
action:
1. The sale will be cancelled if you pay to the mortgagee the
Back payments, late charges, costs and reasonable attorneys
Fees due. To find out how much you must pay, you may call:
(215) 627-1322
2. You may be able to stop the sale by filing a petition asking
the Court to strike or open the judgment, if the judgment
was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner
you contact one, the more chance you will have of stopping the
sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale
sold to the highest bidder.
calling (:/.15) 627-n2:/.
is not stopped, your property will be
You may find out the price bid by
2. You may be able to petition the Court to set aside the sale
if the bid price was grossly inadequate compared to the value of
your property.
3. The sale will go through only if the buyer pays the Sheriff
the full amount due in the sale. To find out if this has
happened, you may call the Sheriff's office at (717) :/.40-6390.
,
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 this time, the buyer may bring legal proceedings to
evict you.
6. You may be entitled to a share of the money which was paid
for your house. A proposed schedule of distribution of the money
bid for your house will be prepared by the Sheriff 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 posting of the Schedule of Distribution.
7. You may also have other rights and defenses, or ways of
getting your home back, if you act immediately after the sale.
YOU SHOUEin TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE.,A.-"LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(800) 990-9108
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17103
(717) 243-9400
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ALL THAT CERTAIN lot of/and situate in the Borough of New Cumberland, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to-wit:
BEGINN1NG at a point on the southern side of Fourth Street, one hundred (100) feet, more or less,
East of the southeast intersection of Fourth Street and Eutaw Street; thence in an easterly direction
along the southern line of Fourth Street, twenty-one (21) feet, more or less, to a point on line running
through the center of a partition wall of the double frame dwelling erected in part on the lot herein
described; thence in a southerly direction along said mentioned line through the partition wall and
beyond, one hundred forty (140) feet, more or less, to Ruby Avenue, thence in a westerly direction
along Ruby Avenue, twenty-one (21) feet, more or less, to a point on the line of Lot No. 22; thence
in a northerly direction along the line of Lot No. 22, and parallel with Eutaw Street, one hundred
forty (140) feet, more or less, to the place of BEGINNING.
Tax parcel #25-25-0006-078
Being known as 516 4th Street, New Cumberland, P A 17070
1'. "
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of PUl:llication
Under Act No. 587, Approved May 16,1929
Commonwealth of Pennsylvania, County of Dauphin) ss
James L. Clark being duly sworn according to law, deposes and says:
_,~ REAL esTATE SALE No. 48
:~.;;-~~ ~;~d ~i~l~~Jri~4S4,- ,-
- National City Mortgage, Co.
- - ~ =~ - - vs
= Dustin J. Maleslch
Ally: Joseph A. Goldbeck, Jr.
~C~."C... DE$CfllPTIOI(.. ,,_
';QTTHAT-CERTAIN lot of land ~iluatc in
_ the BQro~h of New Cumberland.
tofmbcd'aniL'L'QUnly,' _ pcrmsyhania. more-
~..' arlfcfX?ubd. ':~ '~.nd. cL;:~rii>l;.d as
mu1ii4,s to \.Ill:
. NNIN.e at a J':Omt on [he souinein side _
g!J~~ ~ ~t,.. Qrc pt1ndre4 (IQO), ft.~~. ^
,of e:-.s, Ea~t or the <'outhc,ji;t
c. -1 n of ro"uith Streit arid" tulai -
'n~ "In lln em.t~I}' "dir<;dio,n akmg .
~,n;: or roun,h Slr~l: twcnt}'-,
-~\'l'Iorc orlc~" I~I a p6101 on line
runnmg --iliroogh In..:: et.'nli..:r or ;J partW':ll
~(oIlfie..J!!!~5.l~f~~r\1~ g\\:eUing ~rcC}~ 111_ . _ . . .
-- - ryc~ herein de:.cri~; thcl1c:_ln a Publisher's Receipt for AdvertiSing Cost
'rl,y ~ritlf,m,"31nr!,g, ~lId_, ml.'_~\lont'd.. .
Lhl~"-t~-pa.r!itioD -A'a11 ~n_d_be>'onu, Jo, publisher of The Patnot-News and The Sundav Patnot-News. newspapers of general
- ~hun.\ir~.rQ.n)' (L101 r~,l.'l: _1l~O~ or !L':-';', ge receipt of the aforesaid notice and publication costs and certifies that the same have
~.Ruby.A.v.r;9:UL',! .!~c,:n_C5~ !n.<J, \-\'~l~rf)'_
direcfion alOng Ruby A\-cnuc. twenty-one
~l) 1't:l.'t. tiI,gre Of less. to a,point on th.: lirk
-or Lot ~ 22; t~ncc In a northerly
~irCction arcing the_line_oLLot No. 12, and
par..tlle1 \-\-ith Eutaw Strect, onc hundn,xi
Jorth (140) foct, more or l~~s. to thl; pl<Jce of
!:!WJINNlI'lG.- ~. - -~ -
~17'...5c25-(}QO<;.018. .
~~~~~;:}_~h~;~t:t: ~~
That he is the Acounts Receivable Manager. of The Patriot News Co., a corporatioll 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 ~ _
Patrlof.News and The Sundav Pafriot-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
establish-ed 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 dally andlor Sundayl Metro editions which appeared on the 24th and 31st day(sl of July and the 7th
day(s) of August 2001. 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 "mpowered to verity this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimousiy passed and
adopted severally by the stockholders and board of directors of the said comr:.ny and subsequently duly recorded in
the office for the Recording of Deeds In and for said County of Dauphin in Mi cellaneous Book "M",
Volume 14, Page 317. /1
PUBLICATION ................................?f.L.........
COpy his21
S A L E #48 Notarial Sial ",.
To"" l. Ru...U, Nota",?u ,,::----
Harrisburg, OlJuphln County"
MVCommisslon E'Plr.. Juno 6,2 NOTA PUBLIC
M b PannsyNanla ASSOCiation c>> Netarles
en' or, My commission expires June 6, 2002
CUMBERLAND COUNTY SHERIFFS OFRCE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For pUblishing the notice or publication attached
hereto on the above stated dates
Probating Same Notary Fee(s)
Tota'
$
$
$
186.75
1.50
188.25
By..........................._........................................
;: , ,;~ > - - ~'>"=-t, '
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16,1929), P. L.1784
STATE OF PENNSYLVANIA :
SS.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esqnire, Editor of the Cumberland Law Journal, ofthe 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 sa.id Cumberland Law
Journal on the following dates,
VIZ:
JULY 20, 27, AUGUST 3, 2001
Mfiant 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.
Roger L. ~Editor
SWORN TO AND SUBSCRIBED before me this
3 day of AUGUST. 2001
Not
. '. NO'tARW:SEAL
LOISE.~PWIIc
ClIrIiIIe.8orQ. Clln ColIl\y
My CotMllulllll EllpinII MlIIl:h ~ 2llO5
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REAL ES1'Am SALE NO. 48
Writ No. 2001.2454 Cfvfl
National City Mortgage Co.
VS.
Dustin J, Malesich
Atty.: Joseph A Goldbeck. Jr.
ALL TIlAT CERTAIN lot of land
situate in the Borough of New Cum-
berland. Cumberland Cormty. PelUl-
sylvanta. more particularly bounded
and described as follows. to-wit:
BEGINNING at a point on the
southern side of Fourth Street. one
hundred (100) feet, more or less.
East of the southeast intersection
of Fourth Street and Eutaw Street;
thence in an easterly direction along
the southern line of Fourth Street.
twenty-one (21) feet. more or less,
to a point on line running through
the center of a partition wall of fhe
double frame dwelling erected in
part on the lot herein described;
thence in a southerly direction along
said mentioned line through the
partition wall and beyond. one hun-
dred forty (140) feet. more or less.
to Ruby Avenue. thence in a west-
erly direction along Ruby Avenue.
twenty-one (21) feet. more or less.
to a point on the line of Lot No. 22;
thence~in a northerly direction along
the line of Lot No. 22. and parallel
with Eutaw Street. one hundred
forty (140) feet, more or less. to the
place of BEGINNING.
Tax parcel #25-25.0006-078.
Being known as 516 4th Street.
New Cumberland. PA 17070.
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