HomeMy WebLinkAbout04-4425
FEDERMAN AND PHELAN, LLP
By; FRANK FEDERMAN, ESQ., Id. No. 12248
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000
ATTORNEY FOR PLAINTIFF
CHARTER ONE MORTGAGE CORP.
10561 TELEGRAPH ROAD
GLEN ALLEN, VA 23059
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff
TERM
(2'lo~L~~
v.
NO.Ol.l -L/lQ,S
CUMBERLAND COUNTY
JAMES F. PAVUCSKO
AflUAJAMESPAVUCSKO
102 NORTH LOCUST LANE
MECHANICSBURG, PA 17050
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 writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland Cnunty Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
File #: 98424
File #: 98424
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) ])A YS AFTER YOU HAVE RECEIVED THIS
COMPLAINT. HOWEVER, IF YOU REQUEST
PROOF OF THE DEBT OR THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS
UPON YOUR RECEIPT OF THIS COMPLAINT,
THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR
OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY
FOR ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND
RECEIVED A DISCHARGE, THIS IS NOT AN
ATTEMPT TO COLLECT A DEBT. IT IS AN
ACTION TO ENFORCE A LIEN ON REAL ESTATE.
1. Plaintiff is
CHARTER ONE MORTGAGE CORP.
10561 TELEGRAPH ROAD
GLEN ALLEN, VA 23059
2. The name(s) and last known addressees) of the Defendant(s) are;
JAMES F. P A VUCSKO
AJKJ A JAMES P A VUCSKO
102 NORTH LOCUST LANE
MECHANICSBURG, P A 17050
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On OS/24/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PLAINTIFF which mortgage is recorded in the Office ofthe
Recorder of CUMBERLAND County, in Mortgage Book No. 1545, Page 588.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 04/01/2004 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 #: 98424
6. The following amounts are due on the mortgage;
Principal Balance
Interest
03/0112004 through 08/30/2004
(Per Diem $13.17)
Attorney' s Fees
Cumulative Late Charges
OS/24/1999 to 08/30/2004
Cost of Suit and Title Search
Subtotal
$68,683.82
2,410.11
1,250.00
241.80
$ 550.00
$ 73,135.73
Escrow
Credit
Deficit
Subtotal
0.00
450.05
$ 450.05
TOTAL
$ 73,585.78
7. The attorney's fees set forth above are in conformity with the mortgage documents and
Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs
Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be
charged.
8. Notice 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.
9. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
WHEREFORE, PLAINTIFF demands an in 1M! Judgment against the Defendant( s) in the sum of
$ 73,585.78, together with interest from 08/30/2004 at the rate of $13.17 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.
FEDE,:lN AND PHELAN, LLP
By; ~<s.Ifa~Vb~L.
FRANK EDERMAN, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 98424
ALL nlAT CE.RTAIN crace of land, togech/tr with ehe improvemenes thereon erecCed,
situau .1.0 the Township of Silver Spr.1.ng, County of Cumbe..land end Seate of
Pennsylvania~ bou~ded and described as folloys, to Wit:
BEGINNING at a point on the South side of Locust Lane North, at: the corner of
Lot. Number 94. as sho\Jn in che hereinafter men~ianec:l Plan ot Lots; chence along
saId Loe Number 94, South 03 des..ee'" 49 minue<>s 05 seconds Rast, twO Ill.ondred
(200) Leet co a paine on ~he ca~n@r of Loe Number 56, as shown in the herein-
afeer mencioned Plan of Lots; cll.ence along a concinuins l:Lne ot said Lot:. Numbex-
56 and the line of Lot Number 55, as shown in the hereinafeer menc:1efl~~lan of
LOC3, Nort:h 56 degreos 12 m.inutes E.il.st:, two h\1ndred (200) feel:. 1:0 a poine.:<>f1. the
Souch side of Loc.ust Lane North: thence along Locust:: Lane North in C) noythwe:~t..-
Qrly direcc10n on a curve Co the IeEe ~~ch a radius of two hund~e4 (200) feec,
an erc distan~e of CWo hundred nine and fifty hundredths (209_50) feet co a
point on the corner of Lot Number 94 aforesaid, the Place of BEGINNING.
BEING Lot. Number 86 .1.n the Subdivision Plan of \.I1\:l.te Birch Fanns, Sectioif' Number
One. SloCk Iten And uD". 4a.Ced De~elJlber 20. 1983 and recorded in the Cumber-land
Councy Recorder's Office in Plan ~ook 45, Page 77. Conesinins 20,950 square
feeC:.
BEtNG improved wi"th a single family dwelling known and numbei"ed as 102 N. Locust
Lone, MechanIcsburs. Pennsylvania.
pRllMISES BEING: 102 NORTH LOCUST LANE
VERIFICATION
FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for
Plaintiff in this matter, that Plaintiff is outside the jurisdiction oftl1e 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 Plaintiff as soon as it is received by counsel.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.
c. S. Sec. 4904 relating to unsworn falsifications to authorities.
~~~~~
rr:cis S. Hallinan, Esquire
Attorney for Plaintiff
DATE:~/ 36/OY
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-04425 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHARTER ONE MORTGAGE CORP
VS
PAVUCSKO JAMES F ET AL
BRYAN WARD
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
PAVUCSKO JAMES F AKA JAMES PAVUCSKO
the
DEFENDANT
, at 1650:00 HOURS, on the 15th day of September, 2004
at 102 NORTH LOCUST LANE
MECHANICSBURG, PA 17050
by handing to
JAMES PAVUCSKO
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
7.40
.00
10.00
.00
35.40
~~~~z:~.~
R. Thomas Kline
09/15/2004
FEDERMAN & PHELAN
Sworn and Subscribed to before
By:
D~herhf./
me this ..?,.;>~ day of
J~, ~'I A.D.
'~
C {2 Ikd-fLoJ >
rothonotary ,~
AFFIDAVIT OF SERVICE
PLAINTIFF
CHARTER ONE MORTGAGE CORP.
CUMBERLAND COUNTY
PJT
No. 04-4425 CIVIL
DEFENDANT(S)
JAMES F. PAVUCSKO A/KJA
JAMES PA VUCSKO
AC:CT. #0004099818
SERVE JAMES F. PA VUCSKO A/KJA JAMES PAVUCSKO AT
102 NORTH LOCUST LANE
MECHANICSBURG, P A 17050
Type of Action
- Notice of Sheriff's Sale
Salle Date: MARCH 2, 2005
~""""'~
Served and made known to
SERVED
F', fa. V v Co ~ 1< 0 , Defendant, on the. I;;z. Is-~ day of J...1v \"",Io~", 200-1
1J. 1..0 c. ..., ~ ~ L ~, . M ~ (. ,^-,.\)..) \ c.. S b\J ~ ' Commonwealth
/
at 8,' 1- ~ , o'clock -fm., at / 0 ~
of Pennsylvania, in the manner described below:
-KDefendant personally served.
Adult family member with whom Defendant(s) reside(s). Name and Relationship is
Adult in charge of Defendant(s)'s residence who refused to give name or relationship.
Manager/Clerk of place oflodging in which Defendant(s) reside(s).
Agent or person in charge ofDefendant(s)'s office or usual place of business.
an officer of said Defendant(s)'s company.
Other:
tl '" ( II N \ e..:,:.
Description: Age ~ Height ~ Weight liE Race W ~ SeK ~ Other : ,. C) ~
I, C\~ t.....1;.. ~ L. Q."><\. ~..~~ a competent adult, being duly sworn according to law, depose and state that 'I personally handed
a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth here' issued in the ca tioned case on the date and at
the address indicated above. NOTARIAL SEAL
LUCIllE ~f. CARr" Notary Public'
Sworn to and subsc1-~d l.ett8rkennyTO'J;rlSt'i~I, Frnnldin County
before me this ~ day My C0mmtssi01l Exph)~ Nov. 10,2007
of 1,)\I<'..c. 'v, 200!j. a / ~ ~ J . "'I
Notary: ~~ By: r
PLEASE ATTEMPT SERV~ AT LEAS ES. INDICATE DATES ~
ES OF SERVICE ATTEMPT€D.
NOT SERVED
On the day of
,200-, at
o'clock _.m., Defc~ndant NOT FOUND because:
Moved Unknown
No Answer
Vacant
2nd Attempt:_ /
I
: Time:
1 st Attempt:
I
I
Time:
3rd Attempt:
I
I
Time:
Sworn to and subscribed
before me this _ day
of , 200 _'
Notary:
By:
Attornev for Plaintiff
Daniel G. Schmieg, Esquire - I.D. No. 62205
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IN THE COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY,
PENNSYL VANIA
CHARTER ONE MORTGAGE CORP.
) CIVIL ACTION
)
vs.
JAMESF. PAVUCSKONKIA
JAMES P A VUCSKO
) CIVIL DIVISION
) NO. 04-4425 CIVIL
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
)
SS:
I, FRANK FEDERMAN, ESQUIRE attorney for CHARTER ONE
MORTGAGE CORP. hereby verify that on 11/8/04 & 1/12/05 true and correct copies
of the Notice of Sheriffs sale were served by certificate of mailing to the recorded
lienholders, and any known interested party see Exhibit "A" attached hereto.
DATE: Januarv 20,2005
~~^ '^' ,.
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D NIEL G. SCHMIEG, ESQU~
Attorney for Plaintiff
CHARTER ONE MORTGAGE CORP.
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
JAMES F. PAVUCSKO AlKJA
JAMESPAVUCSKO
CIVIL DIVISION
NO. 04-4425 CIVIL
Defendant(s).
AMENDED AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
CHARTER ONE MORTGAGE CORP., Plaintiff in the abov,e action, by its attorney, DANIEL G.
SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located atJ!12 NORTH LOCUST LANE.
MECHANICS BURG. PA 17055.
1. Name and address ofOwner(s) orreputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
JAMES F. P A VUCSKO AlKJ A
JAMES PAVUCSKO
102 NORTH LOCUST LANE
MECHANICSBURG, PA 17050
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address oflast recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
CHARTER ONE MORTGAGE
CORPORATION
10561 TELEGRAPH ROAD
GLEN ALLEN, V A 13059
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
102 NORTH LOCUST LANE
MECHANICSBURG, PA 17055
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department ofWeIfare
PO Box 2675
Harrisburg, P A 171 05
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
January 12. 2005
DATE
D NIEL G. SCHMIE~
ttorney for Plaintiff
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. 0004300377 JAN 12 2005
MAILED FROM ZIP CODE 1 91 03
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. FEDERMAN PHELAN, LLP
By: DANIEL G. SCHMIEG
Identification No. 62205
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
1Z15) 563-7000
CHARTER ONE MORTGAGE CORP.
10561 TELEGRAPH ROAD
GLEN ALLEN, VA 23059
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
CIVIL DIVISION
v.
NO. 04-4425 CIVIL
JAMES F. PAVUCSKO AlIDA
JAMESPAVUCSKO
Defendant(s).
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. PA VUCSKO
AlK/A JAMES PA VUCSKO, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within
20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess
Plaintiffs damages as follows:
As set forth in Complaint
Interest from 9/1104 to 1113/04
TOTAL
$73,585.78
$842.88
$74,428.66
I hereby certify that (I) 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.
DAMAGES ARE HEREBY ASSESSED AS IND1CAlt . ~ .
DATE: Au 5:. ;)L>oLf hA-);.L) Jk . rc-t=
I I PROPROTHY
~
FEDERMAN AND PHELAN, LLP
FRANK FEDERMAN, ESQ., ld. No. 12248
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19\03
(71 '\) '\61-7000
A TTORNEY FOR PLAINTIFF
CHARTER ONE MORTGAGE CORP.
Plaintiff
; COURT OF COMMON PLEAS
; CIVIL DIVISION
Vs.
JAMES F. PA VUCSKO NKlA JAMES PA VUCSKO
Defendants
; CUMBERLAND COUNTY
; NO. 04-4425 CIVIL TJt-A~!. t:
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TO: JAMES F. P A VUCSKO AfKI A JAMES P A VUCSKO
102 NORTH LOCUST LANE
MECHANICSBURG, PA 17050
DATE OF NOTICE: orTOHFR 6 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 PURPOSEJF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS
ENFORCEMENT OF LIEN AGArNST 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 DA YS 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
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIA TJON
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800)990-9108
Af\05\R l,J2.chll rN f}~
FRANK FEDERMAN, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
SHERIFF'S RETURN - REGULAR
.
CASE NO: 2004-04425 P
COMMONWEAr,TH OF PENNSYLVANIA,
COUNTY <{F. CUMBERLAND
CHARTER ONE MORTGAGE CORP
\~~
VS
PAVUCSKO JAMES F ET AL
BRYAN WARD
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
>
says, the within COMPLAINT - MORT FORE was served upon
PAVUCSKO JAMES F AKA JAMES PAVUCSKO
the
a true and attested copy of COMPLAINT - MORT FORE
together with
DEFENDANT
, at 1650:00 HOURS, on the 15th day of September, 2004
at 102 NORTH LOCUST LANE
MECHANICSBURG, PA 17050
by handing to
JAMES PAVUCSKO
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
7.40
.00
10.00
.00
35.40
.~~~~~-+>
, ,
R. Thomas Kline
09/15/2004
FEDERMAN & PHELAN
Sworn and Subscribed to before
By:
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day of
A.D.
Prothonotary
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By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
CHARTER ONE MORTGAGE CORP.
10561 TELEGRAPH ROAD
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
CIVIL DIVISION
v.
NO. 04-4425 CIVIL
JAMES F. PAVUCSKO NKlA
JAMES P A VUCSKO
Defendant(s).
VERIFICATION OF NON-MILITARY SERVICE
DANIEL G. SCHMIEG, 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 ofthe 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 AlKJAJAMES PAVUCSKO is over 18
years of age and resides at, 102 NORTH LOCUST LANE, MECHANICSBURG, PA
17050.
(
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
,
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Page 1 of I
Department of Defense Manpower Data Center
NOV-03-200409:02:25
Military Status Report
Pursuant to the Servicemen's Civil Relief Act of 2003
<Last Name First Middle Begin Date I Active Duty Status I Service! Agency
PAVUCSKO
Currently not on Active Military Duty, based on the Social Security Number and last name
provided.
Upon searching the information data banks of the Department of Defense Manpower Data Center, the
above is the current status of the Defendant(s), per tl1e Information provided, as.to all branches of the
Military.
~~O--~
Robert 1. Brandewie, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, V A 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems.
If you have information that makes you feel that the DMDC response is not correct, please fax
your response to 703-696-4156 or call 703-696-6762 aud further research will be done. For
personal privacy reasons, SSNs are not available on this printed results page.. Requesters
submitting a SSN only receive verification that the SSN they submitted is a match or non-
match.
https://www.drndc.osd.milludpdri!owa/sscra.prc _Select
_~.....ruVIAN PHELAN, LLP
By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR"PLAINTIFF
CHARTER ONE MORTGAGE CORP.
Plaintiff,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
JAMES F. PAVUCSKO AlKlA
JAMESPAVUCSKO
NO. 04-4425 CIVIL
Defendant(s).
CERTIFICATION
DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() 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. e.S. Section 4904 relating to unsworn
falsification to authorities.
~o)'U~l~.)r\hK'i D~
ANIEL G. SCHMIEG, ESQU
Attorney for Plaintiff
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
CHARTER ONE MORTGAGE CORP.
Plaintiff,
v.
No. 04-4425 CIVIL
JAMESF. PAVUCSKOA/K/A
JAMES P A VUCSKO
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$74,428.66
Interest from 1114/04 to MARCH 2, 2005
(per diem -$12.23)
$1,455.37 and Costs
TOTAL
$75,884.03
-~O"-~ ~ ~ .1\,~ ~~ QU'~
1\NIEL G. SCHMIE , 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.
IMPORTANT NOTICE: This property is sold at the direction of the
plaintiff. It may not be sold in the absence of a representative of
the plaintiff at the Sheriff's Sale. The sale must be postponed or
stayed in the event that a representative of the plaintiff is not
present at the sale
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LEGAL DESCRIPTION
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 aforesaid, the
Place of BEGINNING.
BEING Lot No. 86 in the Subdivision Plan of White Birch Farms, Section
Numbe:r One, Block "C" and "D", dated Decemb~r 2?, 1983 and recorded in
the Cumberland County Recorder of Deeds Off~ce ~n 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.
TAX PARCEL#38-14-0848-060N
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-4425 Civil
CIVIL ACTION - LAW
WRIT OF EXECUTION and/or ATTACHMENT
TO THE SHERIFF OF CUMBERLAND COUNTY;
To satisfy the debt, interest and costs due CHARTER ONE MORTGAGE CORP., Plaintiff (s)
From JAMES F. PAVUCSKO A1K1AJAMES PAVUCSKO
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows;
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the accowll of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $74,428.66
L.L. $.50
Interest FROM 11/4/04 TO 3/2/05 (PER DIEM - $12.23) -- $1,455.37 AND COSTS
Atty's Cornm % Due Prothy $1.00
Atty Paid $117.40
Plaintiff Paid
Other Costs
Date; NOVEMBER 5, 2004
CURTIS R. LONG
(Seal)
Protho~
'--------By; I?"", t> P.~.17 /2..;- r. r--
Deputy
REQUESTING PARTY;
Name DANIEL G. SCHMIEG, ESQUIRE
Address; ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for; PLAINTIFF
Telephone; 215-563-7000
Supreme Court ID No. 62205
~
CHARTER ONE MORTGAGE CORP.
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
JAMES F.PAVUCSKOA/KJA
JAMES P A VUCSKO
CIVIL DIVISION
NO. 04-4425 CIVIL
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
CHARTER ONE MORTGAGE CORP., Plaintiff in fue above action, by its attorney, DANIEL G.
SCHMIEG, ESQUIRE, sets forth as offue 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 ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
JAMES F. P A VUCSKO AlK/ A
JAMES PAVUCSKO
102 NORTH LOCUST LANE
MECHANICSBURG, PA.17050
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
"
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address carmot be
reasonably ascertained, please indicate)
None
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address carmot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale: .
Name
Last Known Address (if address carmot be
reasonably ascertained, please indicate)
Tenant/Occupant
102 NORTH LOCUST LANE
MECHANICSBURG, PA 17055
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, PAl 7013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to th,e best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties ofl8 Pa. C.s. Sec. 4904 relating to unsworn falsification to authorities.
November 3. 2004
DATE
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'ANIEL G. SCHMIEG, ESQUIRE (j
Attorney for Plaintiff
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CHARTER ONE MORTGAGE CORP.
Plaintiff,
CUMBERLAND COUNTY
v.
No. 04-4425 CIVIL
JAMES F. PAVUCSKO AJKfA
JAMES PAVUCSKO
Defendant(s).
November 3, 2004
TO: JAMES F. P A VUCSKO AJK/ A JAMES P A VUCSKO
102 NORTH LOCUST LANE
MECHANICSBURG, PA 17050
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ..
Your house (real estate) at, 102 NORTH LOCUST LANE. MECHANICSBURG. PA 17055,
is scheduled to be sold at the Sheriffs Sale on MARCH 2, 2005 at 10:00 a.m. in the Cumberland
County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of
$74,428.66 obtained by CHARTER ONE MORTGAGE CORP. (the mortgagee) against you. In the
event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P.,
Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proc~edings.
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 ifthe bid price was,grossly
inadequate compared to the value of your property.
3. The sale will go through only ifthe buyer pays the Sheriff the full amount due in the sale. To
find out ifthis has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to tl1e buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share ofthe money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by tl1e 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 WTong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION.
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, P A 17013
(717) 249-3166
(800) 990-9108
.
LEGAL DESCRIPTION
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 aforesaid, the
Place of BEGINNING.
BEING Lot No. 86 in the Subdivision Plan of White Birch Farms, Section
Numbe~ 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.
TAX PARCEL#38-14-0848-060N
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
o f./ - if'f}..J
}ss:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriffs Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the
23rd day of March A.D., 2005, under and by virtue of a writ Execution issued on the 5th day of No v,
A.D., 202004, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 4425,
at the suit of Charter One Mtg Corp against James F Pavucsko James F aka James is duly recorded in
Sheriffs Deed Book No. 268, Page 2274.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this
/1
day of
~
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. I ~corderofDeeds
~~~=~~=-
, A.D. d--D 0 S
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Charter One Mortgage Corp.
VS
James F. Pavucsko alk/a James
Pavucsko
The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2004-4425 Civil Term
Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states
that on January 03, 2005 at I :40 o'clock PM, she served a true copy of the within Real
Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon
the within named defendant, to wit: James F. Pavucsko alk/a James Pavucsko, by making
known unto James Pavucsko, personally, at ] 02 North Locust Lane, Mechanicsburg,
Cumberland County, Pennsylvania, its contents and at the same time handing to him
personally the said true and correct copy of tl1e same.
CpJ. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law,
states that on January 13,2005 at 3:35 o'clock P.M., he posted a true copy of the within
Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of James F. Pavucsko alk/a James Pavucsko, located at 102 North Locust Lane,
Mechanicsburg, Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendant, to wit: James F. Pavucsko alk/a James Pavucsko, by regular mail to his last
known address of ] 02 North Locust Lane, Mechanicsburg, P A 17055. This letter was
mailed under the date of January 07, 2005 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on March 02, 2005 at ]0:00 o'clock A.M. He sold the same for the
sum of $83,501.00 to Ronald Robinson. It being the highest bid and best price received
for the same, Ronald Robinson of P.O. Box 908, Carlisle, PA ] 7013 being the buyer in
this execution, paid to Sheriff R. Thomas K]ine the sum of $8,350.00. This amount was
forfeited as the buyer, Ronald Robinson, did not pay the balance due to the Sheriff as
stated by the Terms and Conditions. The property was resold on March 23, 2005 at 10:00
o'clock AM at the Courthouse, Carlisle, Cumberland County, Pennsylvania. R. Thomas
Kline, Sheriff, sold the same for the sum of $1.00 to Attorney Daniel Schmieg for Charter
One Mortgage Corp.
Sheriffs Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
$30.00
],670.02
15.00
15.00
30.00
20.00
'.
Law Library
Prothonotary
Mileage
Certified Mail
Levy
Surcharge
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriffs Deed
.50
1.00
14.80
6.63
15.00
20.00
311. 90
346.69
30.73
25.00
39.50
$ 2,591.77
Sworn and subscribed to before me
This day of
2005, A.D.
Prothonotary
So Answers:
~~, ~<~
R. Thomas Kline, Sheriff
By,jo~ :S~
Real Estrrte:beputy
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'.
CHARTER ONE MORTGAGE CORP.
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
JAMES F. PAVUCSKO A!K/A
JAMESPAVUCSKO
CIVIL DIVISION
NO. 04-4425 CIVIL
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
CHARTER ONE MORTGAGE CORP., Plaintiff in the above action, by its attorney, DANIEL G.
SCHMIEG, ESQUIRE, sets forth as ofthe 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. P A VUCSKO A1K1 A
JAMES PAVUCSKO
102 NORTH LOCUST LANE
MECHANICSBURG, P AJ 7050
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
'.
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
5. Name and address of every other person who has any record lien on the property;
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale. '
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every ofuerperson of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale: .
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
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, P A 171 05
I verify that the statements made in this affidavit are true and correct to th~ best of my personal
knowledge or information and belief. I understand fuat false statements herein are made subject to the
penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
November 3, 2004
DATE
~O\l H~ ~.~~I\"i I O~_
ANIEL G. SCHMIEG, ESQUIRE (j
Attorney for Plaintiff
"
.
CHARTER ONE MORTGAGE CORP.
Plaintiff,
CUMBERLAND COUNTY
v.
No. 04-4425 CIVIL
JAMES F.PAVUCSKO A/K/A
JAMES P A VUCSKO
Defendant(s).
November 3, 2004
TO: JAMES F. PAVUCSKO AlK/AJAMES PAVUCSKO
102 NORTH LOCUST LANE
MECHANICSBURG, PA 17050
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."
Your house (real estate) at, 102 NORTH LOCUST LANE. MECHANICSBURG. PA 17055.
is scheduled to be sold at the Sheriffs Sale on MARCH 2. 2005 at 10:00 a.m. in the Cumberland
County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of
$74.428.66 obtained by CHARTER ONE MORTGAGE CORP. (the mortgagee) against you. In the
event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P.,
Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the C9urt to strike or open the
judgment, ifthe 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 proc~edings.
.,
.
.'
You may need an attorney to assert your rights. The sooner you contact -one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale 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 ifthis has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TliEOFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
'.
.
LEGAL DESCRIPTION
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 ~aid 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 Nortn, 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 aforesaid, the
Place of BEGINNING.
BEING Lot No. 86 in the Subdivision Plan of White Birch Farms, Section
Numbe'r One, Block "C" and "D", dated December 20, 1983 and recorded in
the Cu~erland 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.
TAX PARCEL#38-14-0848-060N
WRIT OF EXECDTION'and/~r ATTACHMENT
,
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-4425 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY;
To satisfy the debt, interest and costs due CHARTER ONE MORTGAGE CORP., Plaintiff (s)
From JAMES F. P A VUCSKO A/KJA JAMES P A VUCSKO
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows;
and to notify the garnishee(s) that (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed tn notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $74,428.66 L.L. $.50
Interest FROM 11/4/04 TO 3/2/05 (PER DIEM - $12.23) -- $1,455.37 AND COSTS
Atty's Conun % Due Prothy $1.00
Ally Paid $117.40 Other Costs
Plaintiff Paid
Date; NOVEMBER 5, 2004
CURTIS R. LONG
(Seal)
Prothon~ 0 n ~
~_ C', / '{t"Il.//~:1,-r
Deputy
REQUESTING PARTY;
Name DANIEL G. SCHMIEG, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for; PLAINTIFF
Telephone; 215-563-7000
Supreme Court ID No. 62205
Real Estate Sale #09
On November 23,2004 the Sheriff levied 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: November 23, 2004
By:Jftflv~
Real Es~Q~ Deputy
8t :ll d 8- ADN ~OOl
lid 'AHiIlUJ UNV'J ,'W"IJ
d.:HH3HS 3Hl dO '3:)',1]'0
~
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
James L. Clark, being duly sworn according to law, deposes and says:
That he is the Accounts 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 business at 812 to 818
Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The
Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818
Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever
since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regnlar daily and/or Sunday! Metro editions which appeared on the 18th and 25th day(s) of January 2005.
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 verilY 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
/1
/
c,. !
, ,
VI
, '\
.., ". ,...... ......._........... ..~ .l......................... ........... ,.... '.. _. '..... ,........
COPY
SALE#9
Sworn to and subscri
NOTARIAl. SEAl.
Terry l. RusseU, Not .
aty of Horrisburg. Do
My Cornmis,"on Expires June , Y PUBLIC
M.mb.f,P."nly\'tanlaAnoc~"c~~s;~on expires June 6, 2006
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
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
346.69
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
By....................................................................
REAL ESTATE SALE No. 119
WrIt No. 200. iUS
CIvIITerm
C_ Qne Mortgage Corp,
v.
_ F. PavucaIrD
__ PavucaIrD
Ally: Frank-..
Q!'SCRIP'TlON
ALLlHAT~b>ctofland,tugether
with<heimpro.....__o_in
<he TOWDSbip of' Silver Spring, CounIy of
Cumberland and Com~monwealtb of
Pennsylwnia, llounllfd and dcs<:ribed " follows,
to wit:
BEGINNING at. point on the South side of
1o<ust I.aoe NortIJ, at !be romer of Lot NQ. 94. as
mOWll in !be_1DeJ>.tioned Plan of Lots;
th,,,,ulongsaidLotNo. 94, Sonth03 degrees49
minutesOSst<Xlll<lsEast,200feettu.pointon
the comer of LClt No, 56, as -"shown in the
__oned Plan of Lots; 1benee ~ong
. oontInuinglint of said Lot No. 56 and <he lint
of Lot No. 55, as .shown in the bereinafteI men-
lionolPlan ofLola,.North 16do-grw 12 minutes
East, 200 feet tu.point<lll !be Soulh side of
1o<ust Lane North; 1I1eoce along 1o<ust lane
North in a northwesterly direction on a CIlIVe to
!be left with. radius of 200 feet. an an: dlstance
of 209.50 feet tu. point on !be ","",of Lot No.
94 at....said,!be PlaA:e ofBEGJNNlNG.
,,4"i~~~'iM;!f'~
JIIod<lCI~_l'locaII.or2ll.191lud
_iIl.......,;'.....~llocooIerof
Deeds omce in PI&1- 45, Page 17.
CONTAINING 20.950 square feet.
BElNG~with.singl,fJIIIIiIy
dweIIlng _ and nom-bet-ed .as 100 !bill
Loaat Lane, Mo:hanicahulg, Pennsylvania.
BFlNG TIlE SAME PREM-lSS _
Anthony R _ and ClIeri S. Basehore,
busband and wife, by !beir Deed _ October
14. 1994 and reconIed October 19, 1994 in <he
Cumber-land c.my 0lIiJ:< of !be _ of
Deeds in Deed Book llJ, Page 602, gIlIIlltd and
COD-veyed _J....F._. !ingieman.
fuPaKd#Jllcl~.
. ,
,
.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, ofthe County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
VIZ:
January 14,21,28,2005
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 ofthe aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
itor
S TO AND SUBSCRIBED before me this
28 day of January, 2005
~-,'~).1. ~ChAJ
Notary
REAL ESTATE SALE NO.9
Writ No. 2004-4425 Civil
Charter One Mortgage Corp.
VB,
James F. Pavucsko a/k/a
James Pavucsko
Atty,: Frank Federman
LEGAL DESCRIPTION
ALL THAT CERTAIN tract onand.
together with the improvements
thereon erected. situate in the
Township of Silver Spring. County
of Cumberland and Commonwealth
of Pennsylvania, bounded and de-
scribed 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 hennafter mentioned
Plan of Lots: thence along a con-
tinuing line of sald 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 CUIVe
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
aforesaid, the Place of BEGINNING.
BEING Lot No. 86 in the SubdI-
vision Plan of White Birch Farms.
Section Number One, Block "C" and
"DO,. 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 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.
TAX PARCEL #38- 14-0848-
060N.
SCHEDULE OF DISTRIBUTION
SALE NO. 09
Date Filed: April 01, 2005
Writ No. 2004-4425 Civil Term
Charter One Mortgage Corp.
VS
James F. Pavucsko alk!a James Pavucsko
102 North Locust Lane
Mechanicsburg, P A 17055
Sale Date:
Buyer:
Bid Price:
March 02, 2005
Ronald Robinson
$83,501.00
Real Debt:
Interest:
Attorney Costs:
$74,428.66
1,455.37
11 7.40
Total:
$76,001.43
DISTRIBUTION:
Receipts:
Cash on account (11118/2004):
Cash on account (03/02/2005):
$ 1,500.00
8,350.00
Total Receipts:
$9,850.00
* *Buyer did not abide by tile terms and conditions of sale with regards to paying the
balance due to the Sheriff not later than 12:00 pm on March 18,2005; therefore, the
buyer forfeited tile ten percent payment made on March 02, 2005 and the property was
resold on March 23, 2005 at 10:00 o'clock AM.
,
Disbursements:
Sheriffs Costs
Legal Search
Debra Weist, Local Tax Collector
Attorney Daniel Schmieg
Charter One Mortgage Corp.
$ 2,591.77
200.00
333.15
1,500.00
5,225.08
Total Disbursements:
($9,850.00)
Balance for distribution:
0.00
So Answers:
r~~
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. 9
Held Wednesday, March 2, 2005
Date: March 2, 2005
TAXES: Receipts for all taxes for the years 2002 to 2004 inclusive. Taxes for the current year
2005.
WATER RENT:
SEWER RENT
Company assumes no liability for private supply of water or sewer.
Receipts to be produced if services are lienable.
MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims.
MUNICIPAL CLAIMS
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated ,2005, and recorded
, 2005, in Cumberland County Deed Book , Page
RECITAL: Being the same premises which Anthony R. Basehore and Cheryl S. Basehore, his
wife, by deed dated October 14,1994 and recorded October 19, 1994 in the Office of the Recorder
of Deeds in and for Cumberland County in Deed Book 113, Page 602, granted and conveyed to
James F. Pavucsko, single man.
OTHER EXCEPTIONS:
I. 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 roadbed of Locust Lane North.
6. Conditions, easements and restrictions shown on or set forth on Plan of White Birch
Farms, Section No. One, Block "C" and "D" recorded in Cumberland County Plan 45, Page 77.
7. Mortgage in the amount of $72,700.00 given by James F. Pavucsko to Charter One
Mortgage Corp. dated May 24, 1999 and recorded May 28, 1999 in Mortgage Book 1545, Page
588.
Complaint in Mortgage Foreclosure filed on August 31, 2004 by Charter One Mortgage
Corp. as Plaintiff against James F. Pavucsko also known as James Pavocsko in the Office of the
Prothonotary to file number 2004-4425. Judgment in the amount of $74,428.66 entered on
November 5,2004.
8. Mortgage in the amount of $5,000.00 given by James F. Pavucsko to Charter One
Bank, F.S.B. dated May 24, 1999 and recorded May 28,1999 in Mortgage Book 1545, Page 595.
Said mortgage was assigned to Charter One Mortgage by instrument recorded March 31, 2004 in
Mortgage Book 707, Page 544.
9. Rights granted to Bell Telephone Company of Pennsylvania by instrument recorded in
Miscellaneous Record Book 295, Page 878.
10. Rights granted to Bell Telephone Company of Pennsylvania by instrument recorded in
Miscellaneous Record Book 164, Page 249.
11. Rights granted to Pennsylvania Power and Light Co. by instrument recorded in
Miscellaneous Record Book 179, Page 933.
12. Under and subject to building and use restrictions as imposed by deed recorded in Deed
Book "G", Volume 31, Page 341 and other deeds for lots in the above-mentioned subdivision.
13. Satisfactory evidence to be produced that proper notice was given to the holders of all
liens and encumbrances intended to be divested by subject Sheriff Sale.
14. Real estate taxes accruing on and after July 1,2005 not yet due and payable.
It is to be noted that no search of Domestic Relations Records has been made to
determine support arrearages regarding House BiIl1412, Act 58 of 1997, nor has any
search been made for environmental liens in Federal District Court.
Robert G. Frey, Agent
Note; This Title Report shall not be va Id or inding
until countersigned by an authorized sig
~
REAL ESTATE SALE NO. 9
Writ No. 2004-4425 Civil
Charter One Mortgage Corp.
VS.
James F. Pavucsko"-a/k/a
James pavucsko
Atty.: Frank Federman
LEGAL DESCRIPTION
ALL TIfAT CERTAIN tract of land
together with the improvement:
thereon erected, situate in thl
Township of Silver Spring. Coun~
of Cumberland and Commonwealtl
of Pennsylvania, bounded and de-
scribed as follows. to wit:
BEGINNING at a point on the
South side of Locust Lane North. al
the comer of Lot No. 94, as shown
in the hereinafter mentioned PlaIl
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 llrie 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 zoo 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 "e" 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 North Locust Lane.
Mechantcsburg, 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, stngle man.
TAX PARCEL #38-14-0848-
060N.