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HomeMy WebLinkAbout01-2454 GOLDBECK MCCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I-D.#16132 Suite 500 The Bourse Bldg. 111S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff ~?TIONAL CITy MORTGAGE CO. O. Box 1820 Dayton, OH 45401-1820 Plaintiff vs. DUSTIN j. MALEs/CH (Mortgagor(s) and Real 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 ClVIL ACTION:MORTGAGiE FORECLOSURE T~IS LAW FIRM IB A DEBT COLLECTOR ANDWEARE ATTEMPTI TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFO NG OBTAINED FROM YOU WILL BE UBED FOR TH~ PURFOBE 0~TION COLLECTING T~E DEBT. judgment ma rth against you. You a~e w~ fzllng ia wrltlng with tnd hOrace are served, ee f°%/°w~gpagee. ..... O~E TH~ OFFICE 8~T ~'O~T~ZUBU~] LA.YER AT 0~=. IF YOU ....... , or other COMPLAINT IN MORTC~AGE FORECLOSURE 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, mor ~ered a mortgage U~on ~ %gagor(s) made, e ~+ONAL CITy MORTGAG~ une .premises hereinaft-- =~=uu~e~ and Y eference in -- - ecord and are ~ .... g. These Procedure 1019(,% ~ccoroance with Pennsvlv=,~uu~rP?rated herein =' ~ -"~ ~uie of Civil 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 and each month thereafter are due mortgage .due December 1, 2000, said mortgage, Upon default in such Payments for a period of one and unpald, and by the terms of month, the entire principal balance and all ~nterest 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 $ 6a,o2 .9 82.90 x~ec~eo in the event of a third pa~Ytya~rachlaas~~ and, wil. 1 be Sale. I,f the Mortgage is reinstated prior to the Sal~treSah~eor~lafbf~e~ Attorney s Fees will be charged based on Work actually performed. 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 not/ce(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: ~ Attorney-for p~' ur., Esq. VERIFICATION I, Anita Holbrook Plaintiff co-- , as the representative o~ a~Oration within named ~ ~ . ~ uae authorized to and do m~ ,-. ~o hereby verify that I am Plaintiff co~-ra~ -~e tnls verification on ~ ~ion ~d the f - the laln~ are t~e and COrrect to the best -~ the fOrego~n~ lnro~a~lon and belief I ---~ my knowledge, ' ~uer~tand that false statements therein are made subject to the penalties of 18 Pa. C.S. ~sworn falsificatio~ to au~horitiee. Mortgage Officez. - ~ -- husband mhd ~l~e, by the P. mcords= o£ Daedm the ea/d .; February 09, 2001 EXHIBIT A N~tlon~l City IJo~tpp Co. 3232 Newmark gdve · Miamisburo, Ohio 45342 Telephone (937) 910-1200 Ma#lng Addr~; P.O. Box 1820 Dayton, Ohio 45401-1820 Dustin j Malesich 516 4th St New Cumberland PA 17070 Loan No. 948242-2 Current Servicer: National City Mortgage HOW TO CURE YOUR MORTC4%~E DEFAULT (Bring it up to date) NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above le2der on your property located at: 516 4th St New Cumberland PA 17070 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s) 12/01/2000 02/01/2001 and the following amount(s) are now past due: Monthly Payments Late Charges Other Fees Less Suspense Balance Total Due 1,649.39 1,578.77 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 H~OW TO CURE THE DEFAULT of the date of this notice BY PAYIN~ THE TOTAL AMOUNT PAST DbE TO THE LENDER, WHICH IS $ 1,649.39, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES W~ICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. ~~'~i~r'l~ cash, cashier.s or moneorderma~'~-~a~ab~r~ ~,~a check, certified check ..... ~ ~ ~n~ sent to: National City MOrtgage Attn: Collection Cashier 3232 NeWmark Dr. Miamishurg, 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 1 - ACT 91 NOTICE ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Thle' la an official notice that the mort.gage on your home le l:n_d~e.r.!?_e~.ds..to F .o. re~.lose. Spec,lc ,,formation about t In default, and the ~,-~waea m the attached Pages. he nature of the default This Notice contains Important legal information.. representatives at the Co A,m,,, ,~----.- .- If you have any ueat, expleln It. You .,..,.- ~..n_s__:.......,u?,[?ounseling Allen ma q one, ..... m., -,ou wan[ ;o conmc~ an afl,,---.-, cy y be able t~ help -s. OCl,tlon m.y be able to help you find · ,8~/"~;;;' ,n your area. The local bar LA NOTIFICACION EN ADJUNTO E8 DE SUMA ~D~?.E__C.HO A CONTINUA, VIVIENDO ,a e,, ,~. I.?.PO_.Fi~'_.A_NCIA, PUES AFECTA SU ~,"~l'l~NIO0 DE ESTA NOTIFICACIO~E~:.~e~,~.A.'.tg ,O COMPRENDE EL · ' ~"-'-,;,~aA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FI- NANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRISA. PUE SER ELEGIBLE PARA UN PR "HOMEOWN rt,_~ r:u=,~,~--~-ESTAMO POR EL PROGRAM LLaUnn,-, DES E.. _ "'"~n~'NCY A ...... ,.,~., PUE.E SA'YAR SU CASA .E '~M~O~"-T~?-~--SS-I-STANCE P"OG.AM" EL CUAL HIPOTECA. ,~ rr:r~uIuA UI:L DE"ECHO A REDIMIR SU HOMEOWNER'S EMERGENCY MORTGAGE Y ASSISTANCE PROGR F A I A I AM IF YOU COMPLY WITH THE PROVISIONS OF ~TI~,,E H,O,,MEOWNER,S EMERGENCY FMoORR[i,~E~i~SyI~,~)RNTC~ETAO~s~SgTTAN('r~cEE.. ACT ), YOU MAY SE EUGIBLE · 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 ESTABLIS BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. HED TEMPORARY STAY OF FORECLOSURE - Under the Act, you ara entitled to a tempo- raG' 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 'lace-to-face" meeting with one of · the consumer credit counseling agencies listed at the end of th~s . I T ' Notice YMR E .I Y D T A T R TH I Y ~ T EE UL'r' X LA H T Y - RI R RT p CONSUMER CREDIT COUNSELING AGENCI_F~ _ 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. d ndt I ho u ere f · d s m r i n I'n · f rth u inw i h h ro ' Icc aras f h ft i N ' . It is only necessary to schedule one face-to-face meeting. Advise your lender ~ of your intentions. APPLICATION FOR MORTGAGE ASSISTAN(:,_ _ Your mortgage is in default for the raasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tded and are unable to rasolve 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 ~..U_~FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LE'n'ER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMM YOUR APPLICATION FOR MORTGAGE A e-,-,,,,,~,- ....... ED_lATELY AND SSI,,,,~,,~,= ~n~,[.L UE DENIED. ~'~v~[.~i~TJ~ - Available funds for emergency mortgage assistance ara very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. 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 ils 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 Y°U have filed bankruptcy, you can still appl forEm ~~+~.i"EXi~=~.,.,.,__ Y _!ergency M. ortgage Assistance.) ,%--~ -ee · 1 - If ou ~ . Y. eo not cure the default n~lhts to =-cc91erate t~- meriT]--- .,_u,~,~ s~?o~ce, t_he lenaer intends to mr~;c.;~ .- ...... - ,,,,u~ ~ his means that ...,;..~ .._._,_.-';:.' ' . '.'~'~ of this debt will be ' - the ..,,.,, = ,,uL=~anaJng ~)mance 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 i· action to foreclose upon your mo~,~aoe i~ro~,~i~,.,nstruct its attorneys to start legal IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Shei~E to pay off 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 if they exceed $50.00. Any attorney's fees will be added to the amount you owe. the lender, which may also inci other r.e. asonable costs J'[~~fau .... ude wi,, .o, uu wm ~mmn me THIRTY 30 DAY erio~l _OTHER LENDER R?-'_-'.~DI~- The lender may also sue you Personally for the unpaid principal balance and all other sums due under the mortgage. ~._ ~T_H~.E..D_E_FAULT PRIOR TO SHERIFF'S SALE-If 0 ~ y U have not cured ~ to cure t~-e-JiJ~a'~l;.---, -- '¥t,=u,us.ure proceed,ngs have begun. · ,, ,,,,u ~ven! [ne sale at an t/me u to one hour ~t~etotalameuntthen as due usan In. ~,,,.~. ~_,~_,_~,.~.u.~, ~rl[;I D j2~g~g~j~qther~_: .... ~= as s ci!lea in ;~eu ~;;reaDeoT:_.u.I.t in the..ma~. Cur- pgSl~lon a8 It you had never defaulted r~s~ore your mortgage to _EARLIEST POSSIBLE SHERIFF'S SALE DAi~ - It is estimated that the earhest tmh,att~s~u,.c~,S,~h .e.ri. ff's Sale of the mortgaged nrone,.t,, ...._,_, ,_ . ._ 'date -..- ,- ,-- ,,x ,.uu,u ue nela wouJd be approxi- Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the --'~' '-uunl'q months from the date of this Notice. A notice of the actual date of the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will he by contacting the lender. _HOW TO CONTACT THE LENC~.R: Name of Lender: National City Mortgage Address: 3232 Newmark Dr. Miamisburg OH 45342 Phone Number: 1-800-523-8654. C Fax Number: (937) 910-4057 Contact Person: OLLECTIONS DEPT. EFFECT OF SHERIFF'S SAIr'- 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 Sheriff's Sale, a lawsuit to remove you and your furnishing and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAR;-_ You may or may not h-- -, ,.... ' ~.o.~ t0..a buyer or transferee ~ho will assume the ~or~~-~-ab.le. !° sell or t,o,=fer your u~a~anowng payments, charges and attome ..... , .~'ge. oel)t, provided that all the sal~ and that the other requirements of the ~l~o~tro~s ana costs_are paid prior to or at the tion please contact the Collection Dept r[gage are satisfied. For additional informa- YOU MAY ALSO HAVE THE RIGHt: TO SELL THE PROPERTY TO OBTAIN MONEY TO pay OFF THE MORTGAGE DEBT 'I~EB~T.RROWMONEY FROM ANOTHER LENDING INSTITUTION TO pay OFF i~_FHA. VE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BE- TO HAVE THE MORTGAGE RESTORED TO THE FAULT HAD OCCURRED, IF YOU ,0~ ~-, .... S.A.M_E POSITION AS IF NO DE- C,.,,~,~ .hr- uI:FAU HAVE THiS RIGHT TO CURE YO c~ r~c~^, ....... LT. (HOWEVER, YOU DO N CALENDAR YEAR.) U,, ,,~r~uL; MURE THAN THREE TIMES IN ANYOT TO ASSERT THE NONEXISTENCE OF DEFAULT I CEEDING OR ANY OTH N ANY FORECLOSUR _ MENTS. ER LAWSUIT INSTITUTED UNDER THE MoR~U~RD~cU- TO ASSERTANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. 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 , ~819:00 HOURS, on the ~2nd day of May at 5~16 4TH STREET ' 2--001 NEW CUMBERLAND, PA 17070 D~USTIN MALFsICH by handing to a true and attested copy of C~OMPLAINT _ MORT FORE together with and at the same time directing ~is attention to the contents thereof. Sheriff.s Costs: Docketing Service Affidavit Surcharge 18.00 10.54 .00 10.00 _ .00 38.54 SWorn and Subscribed to before me this ~ day of ~ 9rothonotar~~ So Answers: R. Thomas Kline 05/03/2001 MCC FF TY EV R f GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Ooldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 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 CUMBERLJ~I'D COUI'~I'Y CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-2454 (Civil Term) CERTIFICATE OF SERVICE PURSUANT TO P&.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 ma~e_~y: ~ Personal Service by the Sheriff's Office.'-' ~-~ ..... d-lt ~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) of acknowledgment attached). Ordinary mail by Sheriff's Office to Attorney for Defendant(s) 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). ( ) (proof of 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~mi~, BY: Jose~b/A. Goldbe~k, Jr. Attorney ~or Plaintiff TO:DUSTIN j. MALE$1CH 516 4th Street,. · New Cumberlancl, PA 17070 SENDER: REFERENCE: GOLDBEC~MCCAFFERTy& June11,2(X)1 MCKEEYER. MALESICH,DUSTiN j. / Ps Fo. :~00 ,~une ,~GW 5/01 - RECEIPT .. AFFIX pOSTAGE TO MAIL PIECE TO COVER FtRST Cl..ASS posTAGE, CERllFIED FEE, RETURN RECEIPT FEE AND CHANGES FOR AN~ SELECTED O.P'~ONAt- sERVICES. erin 3811. Domestic return receip~ by tcer- 1. Detach the ! --.., ^-~ch to ma~ipTece by peeling back the adhesive strips and a~'~ng Io Irent o{ madp~ece space pem~ds. Othe~vtse a[f~x to back o[ maiipiese. ot want the race pt pos marked, sbck the 2. [1 you do n .... the etu n addreSs, date receipt and retain the receipt. this receipl pos marked slip the 3800 receipt · t to [he gummed edge of adhesive. Th~s hold the ~(~c p. ~_.. ~SEE iLLUS'~RATION) 4. Enter fees for the services requested in the appropriate s ,,cas on the Iront o! this receipt. . · 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. Grotbe, Adult in charge of residence, at 516 4t~ 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 oftbe within Real Estate Writ, Notice. Poster and Descri~ion, in the above entitled action upon the nronert of Dustin J. Malesich, located at 516 4 Street New Cu-uA-,--~ ..... ' ' Y Pennsylvania, according to law. , mvcrmnu, ~..umoerlana county, 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 Sheriffmailed a pendency of the action by regular mail. to one of the within named defendants, to wit: Dustin J. Malesich, at his last known address of 516 4~ Street, New Cumberland, PA 17070. This letter was mailed under the date of July 13, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff R~al Estate Deputy-- Natipnal City Mortgage Co. Plaintiff Vs. · ' CUMBZRLAND COUNTY : COURT OF CO~0N PL~A~ : CIVIL DIVISION Dustin J. Malesich Defendant NO. 01-2454 Civ~l Term A~FID&VIT PURRUANT TO RUL~ 3129.1 National C~ty Nort~a~e 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 51~ 4th ~t~eet. New Cm~he~]~. PA 1707~. Name Du~t4. J. 2. Name and address of owner(s) or reputed owner (s): Address (if address cannot be reasonably ascertained, please so indicate) New Cum~r~m~R, PA 1707~ Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 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) Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) 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) 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 ascertained, Ct~'~e~l..~ Count? De~t. ~r Address (if address cannot be reasonably please so indicate) Pa Dapt. of Publia Wel~ar- Carlisla. PA 17013 Health ..~ Welfare Bldg. Ro~ 4~ Harrisburg. PA 1710~ 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. #4904 relating to unsworn falsification to authorities. June 11, 2001 o/~p~ A. ~o~dbeck, . Jr. A~9~rney ~ Plaintiff 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 ATTORNEY FOR PLAINTIFF National City Mortgage Co. P.O. Box 1820 Dayton, OH 4540Z-1820 Vs. Dustin J. Malesich 516 4th Street New Cumberland, PA 17070 P~A~CIPE FOR ~umG~E~T FOR FAILURE TO : CUMBERLAND COURTY : COURT OF COMMON PLEAS CIVIL DIVISION NO 01-2454 Civil Term TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Du,~- J. ~l~s~h, 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 $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. Jo~p~ Af~ldbeck, Jr. A~orne~f~r Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA~D. ~ /~ U-" ¼ PRO PROTHY d 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. Malesich, 516 4th Street New Cumberland, PA 17070 TO: DUSTIN J. MALBSICH 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) TO: IN THE COURT OF CO~4ON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FOP~CLOSURR Term No. 01-2454 (Civil Term) THIS LAW FI~MIS A DEBT COLLECTONANDUA~ATT~PTIN~TOCOLLECT DEBT OWED TO OUR CLIeNT. ANY iNFO~NATZONOBTA~N~)F~O~YO~LLBB FOR TN~ PD~RPOSE OF COLLECTIN~ T~E DEBT. 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 ~AVE 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 ALAWYER 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 GOLDBECK ~CA~=m&T~ & M~EBEV~t BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plalntiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall Bast Philadelphia, PA 19106 215-627-1322 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 National City Mortgage Co. ATTORNEY FOR PLAINTIFF cOURT OF COMMON PLEAS CIVIL DIVISION No. 01-2454 Civil Vs. Term Dustin J. Malesich CUMBERLAND COUNTY Vm~T~I~ATION O~ NON-MILITARY S~RVICE 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. Maleeich, 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. JR ,,~)$EPH AFFC~SDBECK, · June 11, 2001 (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 / ~ , 2001. contact: If you have any questions concerning this ma=ter pleas ~os~A. ~eck, Jr. At o~ey ~ Plaintiff **THIS FIRM IS A DEBT COLLECTOR ATTE~PTIN~ TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE pREVIOUSLY RECEIVED A DISCHAH~E IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTE~PT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A~AINST PROPERTY. ** Plainbi££ Vs. ~alesieh Dustin j. ~ N0:01-2454 Civil Term : PRAEczpE FOR WRZT OF EXE (MORTGAGE FORECLOSURE) CUTzoN TO THE OFFICE OF THE PROTHONOTARy: ISSue writ of execution in the above matter: Amount Due Interest from 6/8/01 to sale date at $11.28 per diem Total and Costs NOte: BOUrse Bldg. $' Independence Mall East Philadelphia, PA 19106 Attorney for Plaintiff Please attach description of property. ALL THAT CERTAIN lot of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, mom particularly bounded and described as follows, to-w/t: BEGINNING at a point on the southern side of Fourth Street, one hundred (I00) 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 ora partition wall of the double frame dwelling erected in described, thence tn a southerly direction along said men ;.,,,..a ~: ..... .part on the lot herein · ' ' t.,,,,,.,, ~mc tm'ougll the partition wall and beyond, one hundred forty (140) feet, more or less, to Ruby Avenue, .along Ruby Avenue, twenty-one (21) feet, thence in a westerly direction more or less, to a point on the line of Lot No. 22; thence m 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 BEG/NN/NG. Tax parcel #25-25-0006-078 Being known as $16 4~ Street, New Cumberland, PA 17070 WRZT OF EXECUTzoN _ (MORTGAGE FO -- RECLO P.R.C.p. 3180-3183 and RULE 2357SURE) National Cfty MOrtgage Co. : Plaintiff : VB. Dustin j. ~alesich Defendant COURT OF COMMON PLEAs CUmBERLAnD COUNTy, PA NO: 01-2454 C/vii Term : WRIT OF ~XECUTzoN : (MORTGAGE FORECLOsURE) TO THE SHERIFF OF CUMBERS%ND COUNTy, PENNSYLVANZA To satisfy the judgment, interest and costs in the above matter, you are directed to levy upon and sell the followlng described property (specifically described property below): Premises: 516 4th Street, (see attached legal description) Amount Due Interest from 6/8/01 to Date of Sale at $11.28 per diem Total as endorsed New Cumberland, PA 17070 Plus Costs Clerk National CitFMortgage Co. Vs. Plaintiff Dustin j. Malesich -2454 Civil Term Plaintiff in the above action, by /ts attorney, Joseph ~Oldbeck, Jr., Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filed the fo/lowing information concerning the real Property located at 1. Name and address of OWner(s) Name or reputed OWner Address (if address cannot be reasonably ascertained, Please so indicate) Name and address mortgage of record: Name of the last recorded holder of every Address (if address cannot be reasonably ascertained, Please so indicate) Name and address of defendant(s) in the JUdgment: Name · Address (if address cannot be reasonably ~ ascertained, P/ease so indicate) 3. Name and address of every is a record lien on the judgment creditor Whose · real property to be SOld: 3udgment Name Address (if address cannot be reasonably ascertained, Please so indicate) 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) 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) 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. #4904 relating to unsworn falsification to authorities. June ii, 200i 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 Dustin j, Malesich ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAs CUMBERLAND COUNTY CIVIL DIVISION NO. 01-2454 Civil Term JOSEPH A. GOLDBECK, JR., ES U . the attorney for the Pl '-~ .Q ~E. ~ereby states t at h~ al~u~£ in ~ne aD .... h .... is that the premises are not subject to the provisions of Act 91 u¥~ captloned matter and 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. § 4904 relating to unsworn falsification to authorities. ~° -'hO~-A' C~f/~' eck, Jr ~ 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 National CityNort~age Co. Vs. Plaintiff Dustin j. Malesich Defendant ATTORNEy FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION ~ N0.01-2454 Civi! Term DuStin j. Maleaich 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 P~A ]703O is s _ ) at ...~16 4~h gt~eA .... _ ~._~__~ - _ cheduled to be sold =~ ~_ . at 10:00 a.m ~= ~er~rf's Sale on - uounty Courthouse C~--~--~--_" ~n ~mDerlan~ Cqunt ' ~'"'"~uners ~earln~ o~m ~ ~Y, Cumberland PA 17013 to enforce the Court jud~aent - R .... ~ ~oor, Carlisle, _ _ of ~ obtained by Na~n~l c~ty ~6~--e c~. (the mortgagee) against you. 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: 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 -~ you contact one, the more chance you will .... f~ _~ ~ne sooner sale. (See notice on page two on how to obtain an attorney.) h,,= ut suopping the If the Sheriff,s Sale is not stopped, your property will be sold to the highest bidder. callingJ~d~~, 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. the full eg~nt U~ale. To find buyer the Sheriff out ifpays this has happened, you may call the Sheriff,s office at ~ 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 T~ZS PAPER TO YOUR LAW~ER AT ONCE. IF YOU DO NOT F. AVE A LAWYER OR CANNOT APFORD ONE, ~0 TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN ~ET LEGAL HELp. Cumberland County~ar Association 2 Liberty avenue Carlisle, PA 17103 (800) 990-9108 Legal Serviues, Znc. 8 IrVine Row Carlisle, ~A 17103 (717) 243-9400 STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } ss. Robert p Z/egler -~ gecordc~o/ Deeds in and for said County and State do'hereby certify that the Sheriff's Deed in which ................ b the grantee the same ~av~ng beea sold to mM grantee ~ the ___ September 2001 ........................................ &. D., ..* ..... , undm' am4 bl, virt,~ ~ a wrlt ....... Execution ....... ................................................ issued gm the _ 13*'h June {ray o{ .......................... A.D., 2001 .... ~ out d the CO~ d Comman P~_as d said County'as Civil .... ............................................................................. Term, 2001 Nundaer='-'2'~-=5'~= ..... 'atthesuitof=-N=-a-C-Z-°._n_a=l=_Ci.t~. Mor~{a~e Company ....................... ann' t Dustin J Hales~ ............ ~m~ ........ ch duly re:reded ia Shegil's Deed Book No .... _2_4_.8 ..... , Page .__4__2_9.3_ ..... TESTIMONY WHEREOF, I imve hereunto set my hand and seal of said office this .__.A:_..~.___ day ~ ....... dJ~ ............. a, x)., ~--~_,l_/._ 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 pro ,of Dust,in J. Maleslch., located at 516 4 l'ermsylvama, accoming 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 Sheriffmailed a pendency of the action by regular mail, to one of the within named defendants, to wit: Dustin J. Malesich, at his last known address of 516 4~ Street, New Cumberland, PA 17070. This letter was mailed under the date of July 13, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that aider due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Co,m~_, ouse, 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. Ooldbeck, 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 $ 30.00 Poundage 700.00 Posting Handbills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 11.05 Certified Mail 1.73 Levy 15.00 · ., 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 This_~.~.- day of~ So Answers: R. Thomas Kline, Sheriff' WRIT OF EXECUTION and/or ATFACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. TO THE SHERIFF OF __ C_UMBERLAND To satisfy the debt, interest and costs due 01-2454 CIVIL 19~ CIVIL ACTION - LAW COUNTY: Natlonal City Mortgage Co. ~PLAJNTJFF(S) from Dustin J. Malesich, 516 4th St., New Cumberland PA 17070. _ DEFENDANT(S) (1) Y°u are direcled lo levy upon the pmpedy of the defendant(s) andlosell Real estate located at 5/-6~~L~and PA 17070. (See attached legal (2) You are also directed to attach the properly of the defendant(s) not levied upon in Ihe possession of -~_ GARNISHEE(S} as follows: and fo notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the aCcount of the defendant(s) and from delivering any Properly of the defendant(s) or otherwise disposing Ihereof; stated. (3) ttprope~1y~fthedefendant(s)n~t~evieduponansubjec~t~at~achmentisf~undin~hepossessionofanyono~her than a named garnishee, you are directed to notify hinVhe r thai he/she has been added as a garnishee a nd is enjoined as above Amount Due $ 68,620.4 3 Interest 6/8/01 - 9/5/01 @ $11.28/diem Alty's Corem % Airy Paid $110.54 Plaintiff Paid L.L. $.50 Due Profhy_ $1.00 Olher Costs CURTIS R. LONG Date: June 13, 2001 REQUESTING PARTY: Name Joseph A. Goldbeck, Jr., Esq Address: Suite 500, The ~o~e ~c~g. Iii ~. Ir-~ ~:,~.c~_ ~,,~'~1 ~t Philadell~hia PA 19106 Attorney for: Plaintiff Telephone:_ (215) 627-1322 Supreme Court ID No. 16132 PTthonotarY, Civil Division Oepuly the sheriff Levied upon tl~e omenOant~ Exhibit"A" ill" wit' this wilt and by this reference mcu[porated herein. SCHEDULE OF DISTRIBUTION SALE NO. 48 Writ No. 2001-2454 Civil Term National City Mortgage Company VS Dustin J. Malesich Filed OctoSer 5, 2001 Date of Sale: Buyer: Bid Price: September 05, 2001 Federal National Mortgage Association $35,000.00 Real Debt Interest Attorney writ costs Total $68,620.43 1,003.92 110.54 $69,734.89 Distribution Amount Collected Legal Search Sheriff's Costs $1,543.89 200.00 1,343.89 So Answers: R. Thomas Kline, Sheriff 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 $, 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: Company assumes no liability for private supply of water or sewer. SEWER RENT 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 Sberiff to dated ,2001, and recorded · 2001, in Cumberland County Deed Book , Page RECITAL: BEING the same promises 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. ~ortgage in the amount of $63,150.00 given by Dustin J. 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 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 liens and encumbrances intended to be divested by subject SberiffSale. holders of all 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 .R..elafions Records has been made to determine support arrea~ges regarding House Bill 141 search been made for ....... ,, .... 2, Act 58 of 1997 nor has any env/r~,,,.s,cma, tiers Jn geoeral District Court. ' NO. 48 Writ No. 2001-2454 Civil National City Mortgage Co. VS. Dustin j. Malceich Atty.: Joseph A. Goldbeck. Jr. ALL THAT CERTAIN lot of land ~tuate in the Borough of New Cum. arid deecri/:~-d ~ y~."~mrly bounded BEOiNNIN~Oee,mJi°w~, to-wit: aL a Point on the southern mide o£ Fourth Street, One hundred (I00} feet, more or less ---- ,,,~:t and Eutaw Street; twenty, on~.,,~ zme of Fourth Street. (21! feet. more or less. ,, _. of a partition wall of uouo{e frame dwelling erect---"-" part on the lot herein desc~e~ thence in a Southerly dii-ectlon along said mentioned line throu t partition wall an-, ~ gh he dred fo,",- '14 u ueyond, one hun- · ,~, t 0{ t'set, more ar {ese. to Ruby Avenue. thence in a erIy direction al- - west. twenty-one ~21' ~ng rluby Avenue. thence In a noZ'~-~.~ m ~ot No. 22; lvo. 22. and parallel with Eutaw Street. one hu ~orty (140{ i~e+ -- ndred ~- ,.~ o~ elI~GINNING, me Tax parcel #25-25-0006.078. Being known as 516 4th Street. New CUmberland. PA 17070. National City N~rtgage Co. Plaintiff Vs. : CUMBERLAND COUNTY · ' COURT OF CO~N PLEAS : CIVIL DIVISION Dustin J. Malesieh Defendant 01-2454 Civil Term its attorney, Joseph Goldbeck, Jr., Esquire, sets forth as of date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 516 4th ~t~eet, New Cklm~m~. PA 17070. AFPTDAVIT PT~ANT TO R%TL~ C~ty Mortgage Co , Plaintiff in the above action, by the Name 2. Name and address of owner(s) or reputed owner (s): Address (if address cannot be reasonably ascertained, please so indicate) New C'um~rland. PA 17070 Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 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) Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) Name and address of ~very other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) 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) ~a D~pt. of Pu~li~ Carli~le. PA 17~1~ HarrisBurg. PA 1710~ 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. #4904 relating to unsworn falsification to authorities. June 11, 2001 J°/~A' ~eck, .Jr~ A~rney ~ Plaintlff GOLDBECK McCAFFERTY & McKE~VER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 ATTORNEY FOR PLAINTIFF National City Mortgage Co. Plaintiff Vs. : C~u~BERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION Dustin J. Malesich Defendant N0.01-2454 Civil Term TO: NOTIC~ OF S~RRTFF'S 9ALR OF RRAL R~TATE Dustin J. Malesich 516 4th Street New O,mherland, 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 B~/gKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE A/g ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 516 4th Street. Nm ~,m~rl~mj P~12_0_?Jl~ is scheduled to he sold at the Sheriff's Sale on ~ at 10:00 a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, 2~ Floor, Carlisle, PA 17013 to enforce the court jud~nent of ~ obtained by National ~it~Nm~t~a~ ~o (the mortgagee) against you. NOTICE O~OW~D,E 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: 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. T~e 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.) 1. If the Sheriff,s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling/2J~~_ 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 9o 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 ~ 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 NAVY's'LAWYER OR CANNOT AFFORD ONE, ~O TO OR TELEPHONE THE OFFICE LISTED EELOW TO FIND OUT WHERE YOU CAN~ET LEGAL HELP. ~'mherland County Bar Association 2 L~berty Avenue Carlisle, PA 17103 (800) 990-9108 Legal Services, Inc. 8 Irv~ne Row Carlisle, PA 17103 (717) 243-9400 ALL THAT CERTAIN lot of land situate in the Borough of New Cumberland, Cumberland Cc Pennsylvan!a, 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 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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 bualneas at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The P-~ and The Sunday Patriot-New~ newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular dally and/or Sunday/ Metro editions which appeared on the 241h and 31st day(s) 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 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 M~F~ellaneous Book 'M", Volume 14, Page 317. PUBLICATION .................................. COPY I - j?.,s dey of,.' ust S A L E #48 I *r..~ Writ N~. ml-~ I Nly C.,~ E q~l~ J~te 6, ~0e~ - · Cldl'rem~ t , · NOTAIRY PUBLIC - NatmalClty ~.Ce. ray comm salon expires June 6, 2002 ALL THAT (~RTAIN loc ol'lami sku~ in the Bom~h oF New Cumb~and, ~ Coumy. Pum~lvmia. follov~ to wit: BI.INNING a a po[n· of Fomth ~ ~ bu~d i~,m,e~t, o~' Pouch S~e~ a~ Eaw~ S~r~: ~ m aa Ihs sealant lin of Foa~th one [21) f~t. me~ o~ le~.~, to a point on line mnflmB thmo~h ihe center of a pmJtio~ wall of thedoub~e frame dwHIin~t e~c~d in I~m on ;1~ Iol hewn dt~bed; ;hence in a ..b~. y diretNmn nlo~g ~aid mentioned one hundred fo~ (ldO) fee;. rno~e or le~ m Ruby Avenue, ~aence in a weste~y "k~m] omy ]~nu.' · CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COU~ 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 No·an/Fee(s) Total $ 186.75 $ 1.50 $ 188.25 Publisher's Receipt for Advertising Cost ~., publisher of ]]~-e.-P-.~tt[J~and P ri - , newspapers of general ge receipt of the aforesaid notice and publication costa and certifies that the came have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND: SS. Roger M. Morgenthal, 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 ail legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: TLrLY 20, 27, AUGUST 3, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2001-2454 Civil Natiorml City Mor*~o'e Co. Dustin J. Maleslch Atty.: Joseph A. Goldheck, Jr. ALL THAT CERTAIN lot of land situate In the Borough of New Cum- berland. Cumberland County, Penn- sylvania, more pm~icularly botmded and described as follows, to-wit: BEGINNING at a point on ihe southern side of Fmu-th Street. one hundred {100} feet. more or less. East of the southeast intersection of Fourth Stree~ and Eutaw Street: thence in an easterly direction along the southern line of Fourth Street. SWORN TO AND SUBSCRIBED before me this 3 day Writ No. 2001-2454 Civil National City Mortgage Co. VS, Dustin J. Malesich Atty.: Joseph A. Ooldbeck, Jr. ALL THAT CERTAIN lot of land situate in the Borough of New Cum- berland, Cumberland County, Penn- sylvarfla, more particularly bounded and described as follows, to-wit: BEGINNING at a point on the southern side of Fourth Street. one hundred (1001 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 ~ runm~ 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 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 noriherly direction along the line of Lot No. 22, and p~rallel with Eutaw Street. one hundred forty (140) feet. mom or less, to the place of BEGINNING. Tax parcel #25-25-0006-078. Bein~ known as 516 4th Street, New Cumberland. PA 17070.