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HomeMy WebLinkAbout04-0734FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHARTER ONE MORTGAGE CORPORATION 10561 TELEGRAPH ROAD GLENALLEN, VA 23059 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff JAMES F. PAVUCSKO 102 NORTH LOCUST LANE MECHANICSBURG, PA 17055 TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in whting 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. 1F YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 85669 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 85669 Plaintiffis CHARTER ONE MORTGAGE CORPORATION 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 The name(s) and last known address(es) of the Defendant(s) are: JAMES F. PAVUCSKO 102 NORTH LOCUST LANE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 05/24/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CHARTER ONE BANK, F.S.B. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. ~545, Page 595. 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 07/12/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 85669 6. The following amounts are due on the mortgage: Principal Balance ]a~terest 06/12/2003 through 02/18/2004 (Per Diem $1.23) Attorney's Fees Cumulative Late Charges 05/24/1999 to 02/18/2004 Cost of Suit and Title Search Subtotal $9,413.41 309.96 1,250.00 0.00 $ 550.00 $ 11,523.37 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 11,523.37 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 11,523.37, together with interest from 02/18/2004 at the rate of $1.23 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. FRANK PEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL1NAN, ESQUIRE Attorneys for Plaintiff File #: 85669 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiffin this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiffas soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unswom falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff SHERIFF'S CASE NO: 2004-00734 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHARTER ONE MORTGAGE CORP VS PAVUCSKO JAMES F RETURN - REGULAR RONALD HOOVER Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE PAVUCSKO JAMES F DEFENDANT at 1930:00 HOURS, at 102 NORTH LOCUST LANE MECH3kNICSBURG, PA 17055 JAMES F PAVUCSKO a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 23rd day of February together with by handing to 2004 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this P~. ~ day of g'.L .... A.D. So Answers: R. Thomas Kline 02/24/2004 FEDERMAN & PHELAN Deputy Sh ri 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 CHARTER ONE MORTGAGE CORPORATION 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 Plaintiff, JAMES F. PAVUCSKO Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 04-734 CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JAMES F. PAVUCSKO, 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 Plaintift's damages as follows: As set forth in Complaint Interest from 2/19/04 to 3/31/04 TOTAL $11,523.37 $51.66 $11,575.03 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATF~. DATE: ~ ~ PRO PROTHY · FEDERMAN AND PHELAN, LLP 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 (715) 56%-7000 CHARTER ONE MORTGAGE CORPORATION Pl~fmtiff JAMES F. PAVUCSKO Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DMSION : CUMBERLAND COUNTY : NO. 04-734 CIVIL TO: JAMES F. PAVUCSKO 102 NORTH LOCUST LANE MECHANICSBURG, PA 17055 DATE OF NOTICE: MARCH 16, 2004 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, qTclIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 CHARTER ONE MORTGAGE CORPORATION 10561 TELEGRAPH ROAD Plaintiff, JAMES F. PAVUCSKO Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 04-734 CIVIL 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 JAMES F. PAVUCSKO is over 18 years of age and resides at, 102 NORTH LOCUST LANE, MECHANICSBURG, PA 17055 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WR/T OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CHARTER ONE MORTGAGE CORPORATION : Plaintiff, : : No. 04-734 CIVIL JAMES F. PAVUCSKO : Defendant(s). : TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 4/1/04 to 9/8/04 (per diem -$1.90) TOTAL $11,575.03 $305.90 and Costs $11,880.93 FRANK FEDERMAN, ESQUIRE 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 of land, together with the improvements thereon erected, situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the South side of Locust Lane North, at the corner of Lot No. 94, as shown in the hereinafter mentioned Plan of Lots; thence along said Lot No. 94, South 03 degrees 49 minutes 05 seconds East, 200 feet to a point on the corner of Lot No. 56, as shown in the herinafter mentioned Plan of Lots; thence along a continuing line of said Lot No. 56 and the line of Lot No. 55, as shown in the hereinafter mentioned Plan of Lots, North 56 degrees 12 minutes East, 200 feet to a point on the South side of Locust Lane North; thence along Locust Lane North in a northwest~ly direction on a curve to the left with a radius of 200 feet, an arc distance of 209.50 feet to a point on the corner of Lot No. 94 a~oresaid, the Place of BEGINNING. BEING Lot No. 86 in the Subdivision Plan of White Birch Farms, Section Number One, Block "C" and "D", dated December 20, 1983 and recorded in the Cumberland County Recorder of Deeds Office in Plan Book 45, Page 77. CONTAINING 20,950 square feet. BEING improved with a single family dwelling known and numbered as 102 North Locust Lane, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which Anthony R. Basehore and Cheri S. Basehore, husband and wife by their Deed dated October 14, 1994 and recorded October 19, 1994 in the Cumberland County Office of the Recorder of Deeds in Deed Book 113, Page 602. granted and conveyed unto James F. Pavucsko, single man. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-734 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHARTER ONE MORTGAGE CORPORATION Plaintiff (s) From JAMES F. PAVUCSKO, 102 N. LOCUST LANE, MECHANICSBURG PA 17055. (1) You are directed to levy upon the property of the defendant (s)and to sell RAL ESTATE LOATED AT 102 N, LOCUST LANE, MECHANICSBURG PA 17055 (SEE LEGAL DESCRIPTION). You are also directed to attach the property of the defendant(s) not levied upon in the possession GARNISHEE(S) as follows: (2) of and to notify the garnishee(s) that: (a) an aflachment 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 $11,575.03 L.L.$.50 Interest from 4/1/04 TO 9/8/04 ~ $1.90 per diem -- $305.90 Atty's Corem % Atty Paid $116.90 Plaintiff Paid Date: APRIL 1, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN Due Prothy $1.00 Other Costs CURTIS R. LONG ~;~tti3t a~J- ~!p~ii~ ~ Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 CHARTER ONE MORTGAGE CORPORATION Plaintiff, JAMES F. PAVUCSKO Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 04-734 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHARTER ONE MORTGAGE CORPORATION, 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, 102 NORTH LOCUST LANE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES F. PAVUCSKO 102 NORTH LOCUST LANE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the jud~nent: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHARTER ONE MORTGAGE 2812 EMERYWOOD PARKWAY RICHMOND, VA 23294 5. Name and address of every other person who has any record lien on the property: Narne 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. Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) Nolle 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 102 NORTH LOCUST LANE MECHANICSBURG, PA 17055 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 con'ect to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties off8 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. March 31, 2004 DATE FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPI~A, PA 19103-1814 (215) 563-7000 CHARTER ONE MORTGAGE CORPORATION Plaintiff, V. JAMES F. PAVUCSKO Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-734 CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin 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 FEDERMAN, ESQUIRE Attorney for Plaintiff CHARTER ONE MORTGAGE CORPORATION : Plaintiff, : JAMES F. PAVUCSKO : Defendant(s). : TO: JAMES F. PAVUCSKO 102 NORTH LOCUST LANE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 04-734 CIVIL March 31, 2004 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEB. T WAS NOT REAFFIRM'ED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GAINST PROPERTY. ** Your house (real estate) at, 102 NORTH LOCUST LANE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $11,575.03 obtained by CHARTER ONE MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 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. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go thrnugh 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 thc property until thc full amount due is paid to the Sheriff and the Sheriffgives 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 Sheriffwithin 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 Sheriffwithin 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 of land, together with the improvements thereon erected, situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the South side of Locust Lane North, at the corner of Lot No. 94, as shown in the hereinafter mentioned Plan of Lots; thence along said Lot No. 94, South 03 degrees 49 minutes 05 seconds East, 200 feet to a point on the corner of Lot No. 56, as shown in the herinafter mentioned Plan of Lots; thence along a continuing line of said Lot No. 56 and the line of Lot No. 55, as shown in the hereinafter mentioned Plan of Lots, North 56 degrees 12 minutes East, 200 feet to a point on the South side of Locust Lane North; thence along Locust Lane North in a northwesterly direction on a curve to the left with a radius of 200 feet, an arc distance of 209.50 feet to a point on the corner of Lot No. 94 a~oresaid, the Place of BEGINNING. BEING Lot No. 86 in the Subdivision Plan of White Birch Farms, Section Number One, Block "C" and "D", dated December 20, 1983 and recorded in the Cumberland County Recorder of Deeds Office in Plan Book 45, Page 77. CONTAINING 20,950 square feet. BEING improved with a single family dwelling known and numbered as 102 North Locust Lane, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which Anthony R. Basehore and Cheri S. Basehore, husband and wife by their Deed dated October 14, 1994 and recorded October 19, 1994 in the Cun~erland County Office of the Recorder of Deeds in Deed Book 113, Page 602, granted and conveyed unto James F. Pavucsko, single man. Charter One Mortgage Corporation ¥S James F. Pavucsko In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-734 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 14.46 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Levy 15.00 Mileage 22.20 Surcharge 20.00 Law Journal 293.30 Patriot News 280.60 Share of Bills 30.49 $737.55 Sworn and subscribed to before me So Answers: This /4,,~ day of .~d... ~ R. Thomas Kline, 2004, A.D. ~.~_ Prothonotary Real Est~/e Deputy CHARTER ONE MORTGAGE CORPORATION Plaintiff, JAMES F. PAVUCSKO Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 04-734 CML AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHARTER ONE MORTGAGE CORPORATION, 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, 102 NORTH LOCUST LANE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES F. PAVUCSKO 102 NORTH LOCUST LANE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHARTER ONE MORTGAGE 2812 EMERYWOOD PARKWAY RICHMOND, VA 23294 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name TenanffOccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 102 NORTH LOCUST LANE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 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. March 31, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CHARTER ONE MORTGAGE CORPORATION : Plaintiff, : JAMES F. PAVUCSKO : : Defendant(s). : TO: JAMES F. PAVUCSKO 102 NORTH LOCUST LANE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 04-734 CIVIL March 31, 2004 **THIS FIRM IS ,4 DEBT COLLECTOR ,4TTEMPTING TO COLLECT ,4 DEBT AND ,4NY INFOILM,4TION OBT,4INED WILL BE USED FOR TH,4T PURPOSE. IF YOU H,4 VE PREVIOUSLY RECEIVED ,4 DISCH,4RGE IN B,4NKR UPTCY,4ND THIS DEB. T W,4S NOT RE,4FFIR3,[ED, THIS IS NOT ,4ND SHOULD NOT BE CONSTRUED TO BE AN,4 TTEMPT TO COLLECT,4 DEBT, BUT ONL YENFORCEMENT OF ,,1LIEN,4G,4INSTPROPERTY. * * Your house (real estate) at, 102 NORTH LOCUST LANE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $11,575.03 obtained by CHARTER ONE MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 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. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the 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 rema'm in the property until the full amount due is paid to the Sheriff and the Sheriffgives 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 Sheriffwithin 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 of land, together with the improvements thereon erected, situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the South side of Locust Lane North, at the corner of Lot No. 94, as shown in the hereinafter mentioned Plan of Lots; thence along said Lot No. 94, South 03 degrees 49 minutes 05 seconds East, 200 feet to a point on the corner of Lot No. 56, as shown in the herinafter mentioned Plan of Lots; thence along a continuing line of said Lot No. 56 and the line of Lot No. 55, as shown in the hereinafter mentioned Plan of Lots, North 56 degrees 12 minutes East, 200 feet to a point on the South side of Locust Lane North; thence along Locust Lane North in a northwesterly direction on a curve to the left with a radius of 200 feet, an arc distance of 209.50 feet to a point on the corner of Lot No. 94 a~oresaid, the Place of BEGINNING. BEING Lot NoJ 86 in the Subdivision Plan of White Birch Farms, Section Number One, Block "C" and ,D", dated December 20, 1983 and recorded in the Cumberland County Recorder of Deeds Office in Plan Book 45, Page 77. CONTAINING 20,950 square feet. BEING improved with a single family dwelling known and numbered as 102 North Locust Lane, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which Anthony R. Basehore and Cheri S. Basehore, husband and wife by their Deed dated October 14, 1994 and recorded October 19, 1994 in the Cumberland County Office of the Recorder of Deeds in Deed Book 113, Page 602, granted and conveyed ~unto James ~F. Pavucsko, single, man. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-734 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHARTER ONE MORTGAGE CORPORATION Plaintiff (s) From JAMES F. PAVUCSKO, 102 N. LOCUST LANE, MECHANICSBURG PA 17055. (1) You are directed to levy upon the property of the defendant (s)and to sell RAL ESTATE LOATED AT 102 N. LOCUST LANE, MECItANICSBURG PA 17055 (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 $11,575.03 L.L.$.50 Interest from 4/1/04 TO 9/8/04 ~ $1.90 per diem -~ $305.90 Atty's Comm % Atty Paid $116.90 Plaintiff Paid Date: APRIL 1, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN Due Prothy $1.00 Other Costs CURTIS R. LONG erotho _ By: D~put~ Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 Real Estate Sale #23 On May 18, 2004 the sherifflevied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 102 North Locust Lane, Mechanicsburg, more fully described on Exhibit "A' filed with this writ and by this reference incorporated herein. Date: May 18, 2004 By: ~j~' ~"~-~-~ ~v-~t '~f, Real Estaf~ i3ep~t~, THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonweaith of Pennsylvania, County of Dauphin} ss Joseph A, Dennison, being duly sworn accor~[mg to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Danphin, State of Penusylvania, 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 Thc Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Metro editions which appeared on the 27th day(s) of July and the 3rd and 10th day(s) of August 2004. 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 Swomt gusp~04 A.D. Cily of Horflsborg, ~J~--] ~[/I ~ ~y Commis~ ~r~ ~'~ Eg~O~Y P~LIC CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO, For publishing the notice or publication attached hereto on the above stated dates 280.60 Publisher's Receipt for Advertising Cost Sunday Patriot-News, newspapers of general acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumber/and Law $ournal on the following dates, viz: ~ULY 16, 23, 30, 2004 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 &publication are true. BEAL E~TATE ~ALE NO. 23 Writ No, 2004-734 Civil Charter One Mortgage Corporation VS. James F. Pavucsko Atty.: Frank Federman ALL THAT CERTAIN tract of land. together with the Improvements there- on erected, situate In the Township of Silver Spring. County of Cumber- land and Commonwealth of Penn- sylvania, bounded and described as follows, to BEGINNING at a point on the South side of Locust Lane North. at the comer of Lot No. 94. as shown In the hereinafter mentioned Plan of Lots; thence along said Lot No. 94, South 03 degrees 49 minutes 05 seconds East. 200 feet to a point on the corner of Lot No, 56, as shown in the he.halter mentioned Plan of Lots; thence along a con- SWORN TO AND SUBSCRIBED before me this 30 day of JULY 2004 LOIS E, SNYDER, Notary Publ~ C~isle 8oro, Cum~fl~d Coun~ My C~mi~ion ~i~ Ma~ 5, 2~5 Writ No. 2004-734 Civil Charter One Mortgage CorporaUon vs. James F. Pavacsko Atty.: Frank Federman ALL TI-iAT CERTAIN tract of land, t~gether with the improvements there- on erected, situate in the Township of Silver Spring, County of Cumber- land and Commonwealth of Penn- sylvania, bounded and described as follows, to wit: BEGINNING at a point on the South side of Locust Lane North, at the comer of Lot No. 94, as shown in the hereinafter mentioned Plan of Lots; thence along said Lot No. 94, South 03 degrees 49 minutes 05 seconds East, 200 feet to a point on the corner of Lot No. 56, as shown in the herinafter mentioned Plan of Lots; thence along a con- tinuing line of said Lot No. 56 and the line of Lot No. 55, as shown in the hereinafter mentioned Plan of Lots, North 56 de~rees 12 minutes East, 200 feet to a point on the South side of Locust Lane North; thence along Locust Lane North in a northwesterly direction on a curve to the left with a radius of 200 feet, an arc distance of 209.50 feet to a point on the comer of Lot No. 94 aforesaid, the Place of BEGINNING. BEING Lot No. 86 in the Subdi- vision Plan of White Birch Farms, Section Number One, Block 'C" and "D", dated December 20, 1983 and recorded in the Cumberland County Recorder of Deeds Office In Plan Book 45, Page 77. CONTAINING 20,950 square feet. BEING improved with a single family dwelling known and num- bered as 102 Nor[h Locust Lane, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which Anthony R. Basehore and Cheri S. Basehore, husband and wife by their Deed dated October 14, 1994 and recorded October 19, 1994 in the Cumberland County Office of the Recorder of Deeds In Deed Book 113, Page 602, granted and conveyed unto James F. Pavucsko, single man. SWORI~ 3(